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application for a new reclamation permit. Accordingly, when objections are received in <br />response to an application for a permit amendment, the objector may request a hearing before <br />the Board, pursuant to § 34-32.5-114 and 115, C.R.S. <br />23. Pursuant to § 34-32.5-112(1)(c)(II), (III) and (IV), of the Act, the Applicant <br />must list the name of the surface and subsurface owners at the proposed site as well as <br />provide the source of the Applicant's legal right to enter and initiate mining. Here, owners <br />of the surface and subsurface rights have been identified. The Applicant controls the surface <br />rights to the area within the permit amendment application. The Applicant has demonstrated <br />that he possesses the legal right to enter the permit amendment area. The new pit access road <br />will provide access to the entire pit area. <br />24. Also, pursuant to Rule 6.3.7 of the Mineral Rules and Regulations of the <br />Colorado Mined Land Reclamation Board for the Extraction of Construction Materials <br />("Construction Rules"), the Applicant must provide "a description of the basis for legal right <br />of entry to the site and to conduct mining and reclamation, for Owners of Record described <br />in Rule 1.6.2(1)(e)(i)." Here, the Applicant has complied with the rule and provided the <br />Division with an adequate description of the basis for legal right of entry. <br />25. According to property law, each co-tenant can treat his or her interest in a <br />property as a separate interest when it comes to use and development. Each tenant in <br />common can develop or use the property as he or she sees fit. In practice, a tenant in <br />common may use or develop the property's surface and mineral estates. All co-tenants share <br />a single right to possession of the entire interest. Taylor v. Canterbury, 92 P.3d 961, 964 <br />(Colo. 2004) (citing U.S. v. Craft 535 U.S. 274, 279-80 (2002)). The tenant in common may <br />not commit waste or oust the other tenant. However, whether waste or ouster has occurred <br />must be determined by a court and, absent a court decision, is not relevant to whether the <br />Applicant has a legal right to enter. The Applicant has established the legal right of entry to <br />conduct mining operations on the property included in the permit amendment. <br />26. Section 34-32.5-112(9)(b) and (c), C.R.S., provides in part that an applicant <br />must publish notice of the permit amendment application in a newspaper of general <br />circulation in the area of the proposed mining operation once a week for four consecutive <br />weeks. The applicant must also mail a copy of the notice to all owners of record of surface <br />and mineral rights of the affected land and to owners within two hundred feet of the affected <br />lands. <br />27. Construction Rules 1.6.2, 1.6.5, and 1.6.6 also describe the relevant notice <br />procedures that apply to an applicant. Construction Rule 1.6.6 provides the Division with the <br />authority to require an applicant to issue a new notice when a notice is in error or a change to <br />the application is so substantial that it affects any of the terms contained in the notice. Here, <br />the Division was made aware of the Applicant's failure to mail the notice to the proper <br />address for Zellitti Properties. The Division determined that the late mailing of the notice did <br />not warrant re-publication pursuant to Construction rule 1.6.6. It is within the Division's <br />discretion not to require the Applicant to start the notice process anew. The Objector was not <br />Anthony Zellitti <br />Zellitti Pit Amendment Application Approval <br />M-1980-246 4