PERMFILE64927

• Permit No: M2004067
• IBM Index Class Name: Permit File
• Doc Date: 1/21/2005
• Doc Name: 1st - Adequacy Review Comments
• From: DMG
• To: Banks and Gesso LLC
• Media Type: D
• Archive: No

Black Hawk Gaming Association
348 Cold Springs Gulch Road
Golden, Colorado 80401
Tel: [phone]
FAX: [phone]
Emei7:~mbamesQmho.com
Mr. Ron Cattany
Diieotor, Office of Mined Land Reclamation
Division of Minerals aad Geology
1313 Sherman Street, Room 215
Denver, Colorado 80203
~tECEIVED
DEC 3..0 2004
piaision al Minerals and Gaology
COPY
December 28, 2004
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 . sed Mining Operation in Gilpin County (the
"Application") C/ass, ~i''nt)f
Mr. Cattany:
By this letter, the Black Hawk Gaming.Association which represents a maority of the
casinos in Black Hawk (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 oa 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's 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 definitioa of "party" as the designated representative of parties
directly and adversely affected and aggrieved by the conduct of the mining operation proposed in
the Application. In additien, 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
l "Party" is defined as a person who demonstrates that he/she/it is directly and adversely
affected or aggrieved by the ccnduct of a mining operation, proposed mining operation, or an
order of the Boazd and whose interest in entitled to legal protection under the Colorado Land
Reclamation Act for the Extraction of Construction Materials ("Act").