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I .~ ~ RECEIVED ® ~~~~5 DEC 3 0 2004 Division of Minerals and Geology ®~ Mr. Ron Cattany Director, Office of Mined Land Reclamation Division of Minerals and Geology 1313 Sherman Street, Room 215 Denver, Colorado 80203 Re: OBJECTION AND PETITION FOR HEARING concerning Reclamation Permit File No. M-2004-067, filed by Cleaz Creek District Water Providers, LLC, MMRR Quarry for a pro~osed1Mining Operation in Gilpin County (the - "Application") C/qsS; /"e/~+fi/ Mr. Cattany: By this letter, the Isle of Capri Casino (the "Petitioner") petitions the Office of Mined Land Reclamation and the Mined Land Reclamation Boazd for a hearing pursuant to Section 34- 32.5-114, C.R.S. The Construction Materials Rules and Regulations, 2 CCR 407-4 ("CMRR") state that any partyl may petition for a hearing on any application for a permit. CMRR 1.7.1(2)(a) requires that a petition for a hearing on an application be received by the Office of Mined Land Reclamation (the "Office") not more than twenty (20) calendar 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 "party" because it will be directly and adversely affected and aggrieved by the conduct of the mining operation proposed in the Application. In addition, the Petitioner's interest is entitled to legal protection under the Act due to the fact that Section 34-32.5-114 allows an "aggrieved" person to file written objections and petition for a hearing. As is pertinent here, the Petitioner will suffer actual loss or injury to its business operations, oz' will be exposed to potential loss or injury to those operations, which interests constitute legitimate business and economic interests. In particulaz, the Petitioner desires to point out to the Mined Land Reclamation Boazd (the "Board") that the traffic from the mining operation described in the Application will increase the heavy tn~ck traffic on Colorado Highway 119 and U.S. Highway 6, which highways constitute the primary routes from the Denver Metropolitan Area to Black Hawk and the ~ "Party" is defined as a person who demonstrates that he/she/it is directly and adversely affected or aggrieved by the conduct of a mining operation, proposed raining operation, or an order of the Board and whose interest in entitled to legal protection under the Colorado Land Reclamation Act for the Extraction of Construction Materials ("Act"). 401 Main Street Black Hawk, CO 80422 303.998.7777 Fax: 303.582.0614