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Traffic congestion on Highway 119 and U.S. 6 is a serious issue and the economic impacts of congestion ofthese primarymutes into and out ofBlack Hawk have been quantified and discussed in several reports produced by the Colorado Department of Transportation, the Black Hawk Business Improvement District, the Silver Dollar Mehopolitan District, andthe City ofBlack Hawlc 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 Petitioner's reasonable investment-backed expectations. Petitioner's management has reviewed the potential gaming traffic impacts based upon the information included hi the Application and has detemun_ed that the probable diversion of traffic from Highway 119 and U.S. 6 through the Central City southern access road, decreases in gan~uig traffic traveling to Blaclc Hawk generally, and probably shorter gaming time per patron due to patron concerns about traveling time, will result in a drop in business based on restrictions on access occurring in prior years. Tlus economic loss to the Petitioner also represents azi economic loss to the State of Colorado, due to the State's loss due to the decline in revenue from lost gaming taxes. These are not speculative damages, but instead are based on the prior traffic studies experienced- basedprojections of Petitioner's management. Pursuantto CMRR 1.4.9, following receipt ofthis petition for heazing, the Office is required to: (1) set a date fo consider the application (2) schedule the application for a Formal Hearing before the Board (3) provide all parties at least thirty (30) days written notice of the Formal Hearng date (4) issue a recommendation to the Board for approval, approval with conditions, or deiual ofthe application. Pursuant to CMRR 2.7.1, the Boazd may, in its discretion, schedule aPre-Hearing Conference prior to the Formal Hearing. CMRR 2.7.1(1)(a) states, in relevant part, that the Pre- Heazing Conference will be held to describe the Office's review process, to explain the rights and responsibilities of the parfles, and to "discuss and resolve issues to the extent possible." Pursuant to CMRR 2.7.1(e), " ...the Pre-hearing conference shall be held after the Office has issued its written recommendation and at least ten (10) calendaz days prior the Formal Board Hearing," Thus, CMRR 2.7.1 provides for a dispute resolution process by whichthe Petitioner and the applicant may attempt to informally resolve the issue of the economic and business impacts of additional heavytrucktrafficonHighway119andU.S.6. Giventhattheinformaldisputeresolution process mayyield a negoriated outcome acceptable to all parties, Petitionerherebyformallyrequests that the Board schedule aPre-Hearing Conference in accordance with CMRR 2.7, in order that the Petitioner and applicant be given an opportunity to resolve the issues in advance of the Formal Hearing.