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SHANDY NEWBOLD & CHAPMAN <br />.1. DOUGLAS SHAND <br />KEITH NI:WOOLO <br />A. MICHAEL CHAPMAN# <br />DAVID W. HALL+ <br />R.THOMAS GEYER+ <br />+A,- AC-- .N W. 64,11. <br />*A- A-11CO - V.... <br />OF COUNSEL: <br />FREEMAN & FREEMAN. P.C. <br />JAMES E. LINK 11, RC. <br />PROF9551ONAL CORPORATION <br />ATTORNEYS AT LAW <br />1 50 EAST NINI'N STREET, SUITE 400 <br />REPLY TO: P.O. BOX 2790 <br />DURANGO, CO 81302,-2790 <br />June 29, 2009 <br />V1A email to: Kate- PlckfardiMs at r0-tag <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 /> <br />TELEPHONC- 970.247.3091 <br />FACS i b1I LF_: 970,247..3100 <br />WRITERS EMAIL ANO DIRECT TSLEHONE, <br />MCI•IAVMAN1 ySNC-LAW.CDM <br />970.385.2543 <br />MVED <br />JUL 13 2009 <br />DivWw of Reclamabon, <br />Mining and Safety <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/Permittee <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 />Zelli i, et at Case No. 08 CV 124, filed in La Plata County State District Court, the parties <br />stipulated and the Court ordered that the parties participated in a mediation prior to July <br />31, 2009. It is possible that the mediation will resolve all objections filed by Objector <br />Zellitti Properties. <br />For this reason, the Applicant/Permittee 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/Permittee and <br />Operator and concurred with by legal counsel for Objector, all of which have executed <br />this letter below. <br />Very truly yours,