PERMFILE70783

• Permit No: M2004067
• IBM Index Class Name: Permit File
• Doc Date: 12/30/2004
• Doc Name: Additional Objection Ltrs.
• From: DMG
• To: Banks and Gesso LLC
• Media Type: D
• Archive: No

DTI-IE~j
GILPIN ~
CASINO
Mr. Ron Cattany
Director, Of&ce of Mined Land Reclamation
Division of Minerals and Geology
1313 Sherman Street, Room 215
Denver, Colorado 80203
RECEIVED
DEC ~ p:1004
Division ~f Minerals and Geology
Re: OBJECTION AND~ETTTION FOR HEARING concerning Reclamation Permit
.File No. M-2004- 67, filed by Clear Creek District Water Providers, LLC,
MMRR Quarry for a proposed Mining Operation in Gilpin County (the
"Application")
Mr. Cattany:
By this letter, the Gilpin Hotel and Casino (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 on any application for a pemut. CMRR
1.7.1(2~a) req~rires that a petition for a ireazing on an application be received by the Offioe of
Mined Land Reclamation (the "Office") 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 definition of "party" because it will be directly and adversely
affected and aggrieved by the conduct of the mining operation proposed in the Application. )n
addition, 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 its business
operations, or will be exposed to potential loss or injury to those operations, which interests
constitute legitimate business and economic interests.
In particulaz, the Petitioner desires to point out to the Mined Land Reclamation Boazd
(the "Boazd") that the traffic from the mining operation described in the Application will increase
the heavy truck traffic on Colorado Highway 119 and U.S. Highway 6, which highways
constitute the primary routes from the Denver Metropolitan Area to Black Hawk and the
~ "Party" is defined as a person who demonstrates that he/she/it is directly and adversely
affected or aggrieved by the conduct of a mining operation, proposed mining operation, or an
order of the Board and whose interest in entitled to legal protection under the Colorado Land
Reclamation Act for the Extraction of Construction Materials ("Act").
.~.
Phone [phone] Fax [phone]
111 Main Street P.O. Box 458 Black Hawk, CO 80422