Laserfiche WebLink
Petitioner's business. This additional heavy truck traffic will negatively impact Petitioner's <br />customers and employees. <br />Traffic congestion on Highway 119 and U.S. 6 is a serious issue and the economic <br />impacts of congestion of these primary routes into and out of Black Hawk have been quantified <br />and discussed. in several reports produced by the Colorado Department of Transportation, the <br />Black Hawk Business hnprovement District, the Silver Dollaz Metropolitan District, and the City <br />of Black Hawk. Additional traffic has been shown to slow business traffic through Cleaz Creek <br />Canyon and North Cleaz Creek Canyon, and to contribute to increased accidents and a negative <br />overall perception of safety on these roads. <br />Based upon these reports, Petitioner's reasonable business judgment is that the proposed <br />mining operations described in the application will negatively and seriously affect Petitioner's <br />bottom line and impair Petitioner's reasonable investment-backed expectations. <br />Petitioner's management has reviewed the potential gaming traffic impacts based upon <br />the information included in the Application and has determined that the probable diversion of <br />traffic from Highway 119 and U.S. 6 through the Central City southern access road, decreases in <br />gaming traffic traveling to Black Hawk generally, and probably shorter gaming time per patron <br />due to patron concerns about traveling time, will result in a drop in business based on restrictions <br />on access occurring in prior years. This economic loss to the Petitioner also represents an <br />economic loss to the State of Colorado, due to the State's loss due to the decline in revenue from <br />lost gaming taxes. These aze not speculative damages, but instead are based on the prior traffic <br />studies experienced-based projections of Petitioner's management. <br />Pursuant to CMRR i.4.9, following 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 Boazd <br />(3) provide all parties at least thirty (30) days written notice of the Formal Hearing date <br />(4) issue a recommendation to the Boazd for approval, approval with conditions, or denial <br />of the application. <br />Pursuant to CMRR 2.7.1, the Board 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 />Hearing Conference will be held to describe the Office's review process, to explain the rights and <br />responsibilities of the parties, and to "discuss and resolve issues to the extent possible." Pursuant <br />to CMRR 2.7.1(e), " ...the Pre-hearing conference shall be held after the Office has issued its <br />written recommendation and at least ten (10) calendaz days prior the Formal Board Hearing." <br />Thus, CMRR 2.7.1 provides for a dispute resolution process by which the Petitioner and <br />the applicant may attempt. to informally resolve the issue of the economic and business impacts <br />of additional heavy truck traffic on Highway 119 and U.S. 6. Given that the informal dispute <br />resolution process may yield a negotiated outcome acceptable to all parties, Petitioner hereby <br />formally requests that the Boazd schedule aPre-Hearing Conference in accordance with CMRR <br />