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/~/v~~~ GOLDEN c n s t H o~ c n o u r 300 Main Street PO Box 47 Black Hawk, CO 80422 RECE-r `~~3 Mr. Ron Cattauy Director, Office of Mined Land Reclamation Division of Minerals and Geology ] 313 Sherman Street, Room 215 Denver, Colorado 80203 MAY 1 g 1005 Division of Minerals and Geology -- Re: OBJECTION-AND-PETITION-FOR HEARING contenting Reclamation Permit~rovi C~r/S ((L• ApplicationNo.~- 6~~filedby~i~Pccv i VZfl~ (Na fv/ t7%Str'`~r a proposed Mining Operation in Gilpin County (the "Application") (~, ~ ~y./,H,.~ Mr. Cattany: Bythis letter, theGolaen cas.no cno~pCasino (the "Petitioner") petitions the Office of Mined land Reclamation and theMinedLandReclamationBoazdforaheazingpursuantto Section34-32.5-I14, C.R.S. The Construction Materials Rules and Regulations, 2 CCR 407-4 ("CMRR'~ state that any party' may petition for a hearing on any applicafion for a permit. CMR,R 1.7.1(2)(a) requires that a petition for a heazing on an application be received by the Office of Mined Land Reclamation (the "Office") not more than twenty (20) calendaz days after the last date for newspaper publication of notice of the application in this action by December 30, 2004. The Petitioner satisfies the definition of "patt}~' because it will be duectly and adversely affected and aggrieved by the conduct of fire mining operation proposed in the Application. In addition, the Petitioner's interest is entitled to legal protection under the Act due to fire fact that Section 34-32.5-114 allows an "aggrieved" person to file written objections and petition for a bearing. As is pertinent here, the Petitioner will suffer actual loss or injury to its business operations, or will be exposedto potential loss or injury to those operations, which interests constitute legiGntate business and economic interests. Li particular, the Petitioner desires to point out to the Mined Land Reclamafion Board (the "Board") that the traffic from the mining operation described in the Application will increase the heavy truck traffic on Colorado Highway 119 and U.S. Highway 6, which highways constitute the prhnary routes from the Denver Metropolitan Area to Black Hawk and the Petitioner's business. This additional heavy buck traffic will negatively impact Petitioner's customers and etnployees. "Party" is defined as a person who demonshates ffiat he/she/it is directly and adversely affected or aggrieved by the conduct of a mining operation, proposed mining operation, or an order of the Boazd and whose interest in entitled to legal protection wider the Colorado Land Reclamation Act for the Extraction of Construction Materials ("Act").