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hearing. As. is pertinent here, the Petitioner, will suffer actual loss or injury to its' business <br />operations, or will be exposed to potenfial loss or injury to those operations, which interests <br />constitute legitimate business and economic interests. <br />In particulaz, the Petitioner desires to point out to the lvfined Land Reclamation Board <br />(the "Board") that the traffic from the mining operation described in the Application will, increase <br />the heavy truck traffic on Colorado Highway 119 and U.S. I3'ighway 6. These highways constitute <br />the primary routes from the Denver Metropolitan Area to Black Hawk and the Petitioner's <br />business. The US 6 portion already has 600 gravel trucks per day hauling from a neighboring <br />quarry. The quantities contemplated in this permit application would indicate a similar number- <br />or doubling the truck traffic. Our studies and those by the Colorado Department of <br />Transportation (CDOT) show both roads are already well over,design capacity much of the tame. <br />This additional heavy truck traffic will negatively impact Petitioner's customers and employees. <br />Traffic congestion on Highway 119 and U. S. 6 is a serious issue and the economic impacts <br />of congestion of these primary routes into and out of Black Hawk have been quantified and <br />discussed in several reports produced by the CDOT, the Black Hawk Business Improvement <br />District, the Silver Dollar Metropolitan District, and the City of Black Hawk. Additional traffic <br />has been shown to slow business traffic through Clear Creek Canyon and North Clear Creek <br />Canyon, and to contribute to increased accidems and a negative overall perception of safety on <br />these roads. <br />Based upon these reports, Petitioner's reasonable business judgment is that the proposed <br />mining operations descnbed in the application will negatively and seriously affect Petitioner's <br />budget and impair Petitioner's reasonable investment-backed expectations. This economic loss to <br />the Petitioner also represents an economic loss to the State of Colorado, due to the State's loss <br />due to the decline in revenue from lost gaming taxes. These aze not speculative damages, but <br />instead are based on the prior traffic studies experienced-based projections of Petitioner's <br />management. <br />In fact, the traffic loads on these roads specifically has caused CDOT to embark upon a <br />five-year environmental impact study (Gaming Area Access Environmental Impact Study) the <br />results of which are pending. The impacts of this .proposed quarry were not.contemplated in the <br />study. <br />Pursaant to CMRR 1:4.9, foflowing receipt of this petition for hearing, the Office is <br />required to: <br />(1) set a date to consider the application <br />(2) schedule the application for a Formal Hearing before the Board <br />(3) provide'all parties at least thirty (30) days written notice of the Formal Hearing date <br />(4) issue a recommendation to the Board for approval, approval with conditions, or denial <br />of the application. <br />Pursuant to CMRR 2.7.1, the Boazd may, in its discretion, schedule aPre-Hearing <br />Conference prior to the Formal Hearing. CMRR 2.7.1(1)(a) states, in relevant part, that the Pre- <br />