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SHAND, NE;WBOLD & CHAPMAN <br />J. DOUGLAS SHAND <br />KEITH NEWBOLD <br />A. MICHAEL CHAPMAN* <br />DAVID W. HALL* <br />R.THOMAS GEYER' <br />d A..scl AOMI i , Nt'rv MESIGU <br />'Alva An-Co IN TEX- <br />OF COUNSEL: <br />FREEMAN & FREEMAN. P.C. <br />JAMES E. LINK 11, P.C. <br />PROFESSIONAL CORPORATION <br />ATTORNEYS AT LAW <br />150 EAST NINTH STREET, SUITE 400 <br />REPLY To: P.O. Box 2790 <br />DURANGO, CO 8 1 302-27 90 <br />TELEPHONE: 970.247.309 1 <br />FACSIMILE: 970.247.3100 <br />WRITERS EMAIL AND DIRECT TELEPHONE: <br />MCHAPMAN@SNC-LAW.COM <br />970.385.2543 <br />June 29, 2009 <br />VIA email to; Kate. Pickford0state.co.us <br />And U.S. Mail <br />Kate Pickford, Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />691 County Road 233, Suite A-2 <br />Durango, CO 81301 <br />Re: Anthony Zellitti, Permitee <br />File No. M-1980-246 <br />Permit Amendment (AM-02)-Application <br />REQUEST TO DELAY DECISION AND RESCHEDULE BOARD HEARING <br />Dear Ms. Pickford: <br />Please allow this letter to serve as formal written request from the Applicant/Permitee <br />Anthony Zellitti and Operator Hocker Construction, L.L.P. to delay the Division's decision <br />on the above-referenced pending application in order to allow the Permittee, Objector <br />Zellitti Properties and the Operator to resolve their disputes through mediation. <br />As a result of a June 25, 2009 hearing held in the case of Zellitti Properties v. Anthony <br />Zellitti, et al; Case No. 08 CV 124, filed in La Plata County State District Court, the parties <br />stipulated and the Court ordered that the parties participate in a mediation by July 31, <br />2009. It is possible that the mediation will resolve all objections filed by Objector Zellitti <br />Properties. <br />For this reason, the Applicant/Permitee and Operator request that the pending Permit <br />Amendment be continued and re-scheduled to be heard at the Board's August 12, 2009 <br />meeting. This request is submitted by legal counsel for Applicant/Permitee and <br />Operator and concurred with by legal counsel for Objector, all of which have executed <br />page two of this letter. <br />Respectfully submitted this 29th day of June, 2009.