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Silver Dollaz Metropolitan District <br />348 Cold Springs Gulch Road <br />Golden, Colorado 80401 <br />Tel: 303-420-8553 <br />FAX: 303-420$571 <br />~~ mbarnes~mho.com <br />RECEIVED <br />DEC 3 0.2004 <br />Givision ~f Minerals and Geology <br />C®py <br />December 28, 2004 <br />Mr. Ron Cattany <br />Director, Office of Mmed Land Reclamation <br />Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Re: OBJECTION AND PETITION FOR HEARING concerning Reclamation Permit <br />File No. M-2004-067, filed by Clear Creek District Water Providers, LLC, MMRR <br />Quarry for a proposed Mlning Operation in Gilpin County (the "Application") <br />ClQss~ /~rnri~ <br />Mr. Cattany: <br />I am president of the Silver Dollar Metropolitan District, a district created by the casinos <br />in Black Hawk to improve access to the gaming area. Following a vote of interested casinos, the <br />Distict hereby petitions the Office of Mined Land Reclamation :and the Mined Land Reclamation <br />Board for a hearing pursuarn to Section 34-32.5-114, C.R.S. The Construction Materials Rules <br />and Regulations, 2 CCR 407-4 ("CMRR") state that any partyl. may petition for a hearing on any <br />application for a pemlit. CMRR 1.7.1(2)(a) requires that a petition for a hearing on an <br />application be received by the Office of Mined Land Reclamation (the "Qiice") not more than <br />twenty (20) calendar days after the last date for newspaper publication of notice of the application <br />in this action by December 30, 2004. <br />T2le Petitioner safisfies the definition of "party" because it will be directly and adversely <br />affected and aggrieved by the conduct of the mining operation proposed in the Application. In <br />addition, the Petitioner's interest is entitled to legal protection under the Act due to the fact that <br />Section 34-32:5-114 allows an "aggrieved" person to file written objections and petition for a <br />1 "Part}r" is defined as a person who demonstrates that helshert is directly and adversely <br />affected or aggrieved by the conduct of a mining operation, proposed mining operation, or an <br />order of the Boazd and whose interest in entitled to legal protection under the Colorado Land <br />Reclamation Act for the Extractiott of Construction Materials (`.`Act"..). <br />