PERMFILE67624

• Permit No: M2004067
• IBM Index Class Name: Permit File
• Doc Date: 1/4/2005
• Doc Name: Public Comment & Objection Letters
• From: DMG
• To: Banks and Gesso LLC
• Media Type: D
• Archive: No

Petitioner's business. This additional heavy truck traffic will negatively impact Petitioner's
customers and employees.
Traffic congestion on Highway 119 and U.S. 6 is a serious issue and the economic
impacts of congestion of these primary routes into and out of Black Hawk have been quantified
and discussed in several reports produced by the Colorado Deparhnent of Transportation, the
Black Hawk Business Improvement District, the Silver Dollar Metropolitan District, and the City
of Black Hawk. Additional traffic has been shown to slow business traffic through Clear 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 in the Application and has determined that the probable diversion of
traffic from Highway 119 and U.S. 6 through the Central City southern access road, decreases in
gaming traffic traveling to Black 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. This economic loss to the Petitioner also represents an
economic loss to the State of Colorado, due to the State's loss due to the decline in revenue from
lost gaming taxes. These aze not speculative damages, but instead aze based on the prior traffic
studies experienced-based projections of Petitioner's management.
Pursuant to CMRR 1.4.9, following receipt of this petition for hearing, the Office is
required to:
(1) set a date to consider the application
(2) schedule the application for a Formal Hearing before the Boazd
(3) provide ail parties at least thirty (30) days written notice of the-Formal'Hearing date
(4) issue a recommendation to the Board for approval, approval with conditions, or denial
of the application.
Pursuant to CMRR 2.7.1, the Board 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-
Hearing Conference will be held to describe the Office's review process, to explain the rights and
responsibilities of the parties, 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 Boazd Hearing."
401 Main Street Black Hawk, CO 80422 303.998.7777 Fax: [phone]