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Traffic congestion on Highway 119 and U.S. 6 is a serious issue and the economic impacts of congestion ofthese primaryroutes into and out of Black Hawk have been quantified and discussed in several reports produced by the Colorado Department of Transportation, the Black Hawk Business Irtrprovement District, the Silver Dollar Metropolitan District, and the City ofBlack Hawk. Additional traffic has been shown to slow business traffic through Cleaz Creek Canyon and North Cleaz Creek Canyon, and to contribute to increased accidents and a negative overall perception of safety on these roads. Based upon these reports, Petitioner's reasonable business judgment is that the proposed mining operations described in the application will negatively and seriously affect Petitioner's bottom line and impair Petitloner's reasonable investment-backed expectations. -- Petitioner's management has reviewed the potential gaming traffic impacts based upon the information urcluded in the Application and has determined that the probable diversion of traffic from Highway 119 and U.S. 6 through the Central City southern access road, decreases in ganting traffic traveling to Black Hawk generally, and probably shorter gauting time per patron due to patron concerns about traveling time, wilt result in a drop in business based on restrictions on access occurring in prior years. This economic loss to the Petitioner also represents an economic loss to the State of Colorado, due to the State's loss due to the decline in revenue from lost gaming taxes. These aze riot speculative damages, but instead are based on the prior tt~affic studies experienced- based projections of Petitioner's management. Pursuant to CMRR 1.4.9, following receipt ofthis petition for heazing, the Office is required to: (1) set a date to consider the application (2) schedule the application for a Formal Hearing before the Boazd (3) provide all parties at least thirty (30) days written notice of the Formal Hearing date (4) issue a recommendation to the Boazd for approval, approval with condifions, or denial of the application. Pursuant to CMRR 2.7.1, the Boazd may, hi its discretion, schedule aPre-Hearing Conference prior to the Formal Hearing. CM12R 2.7.1(1)(a) states, in relevant part, that the Pre- Heazhig Conference will be held to describe the Office's review process, to explain the rights and responsibilities of the parties, and to "discuss and resolve issues to the extent possible." Pursuant to CM1tR 2.7.1(e), " ...the Pre-hearing conference shall be held after the Office has issued its written recommendafion and at least ten (10) calendaz days prior the Formal Board Hearing." Thus, CYIl2R 2.7.1 provides for a dispute resolutionprocess by which the Petitioner and the applicant may attempt to informally resolve the issue of the economic and business impacts of additional heavytrucklraffic onHighway 119 and U.S. 6. Giventhat the informal dispute resolution process may yield a negotiated outcome acceptable to allparties, Petitionerhereby formally requests that the Board schedule aPre-Hearing Conference in accordance with CM12R 2.7, in order that the Petitioner and applicant be given an opportunity to resolve the issues in advazice of the Formal Hearing.