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r;~~ 27 2co5 ... xL 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 '- -- AppficaiionNo.n'1-aoe~-or$,7,-filedbyClear Cr~eK Wp+er D~s+r:~+ for a proposed Muvng Operation iu Gilpin County the "Application") P+o ~- deYs~ L L t `%~~~R R cep: ~. Mr. Cattany: R;v~e~a By this letter, the 61ae a ~w~,'L- Casino (the "Petitioner") petitions the Office of Mined Land Reclamation and the Mined Land ReclamationBoazd for a hearing pursuant to Section 34-32.5-114, C.RS. The Construction Materials Rules and Regulations, 2 CCR 407-4 ("CMRR") state that any party' may petifion for a hearing on any application for a permit. CMRR 1.7.1(2)(a) requires that a petition for a hearing on an applicaton 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 "parry" because it will be directly and adversely affected and aggrieved by the conduct of the mining operation proposed in the Application. )n 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, orwill be exposedto potential lass or injuryto those operations, which interests constitute legitimate business and economic i^.teress. In particular, the Petitioner desires to point out to the Mined Land Reclamation 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 primary routes from the Denver Metropolitan Area to Black Hawlc and the Petitioner's business. This additional heavy truck traffic will negatively impact Petitioner's customers and employees. ' "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 mining operation, or an order of the Board and whose interest in entitled to legal protection under the Colorado Land Reclamafion Act for the Extraction of Construction Materials ("Act's.