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THE <br />AO 0 <br />T B LAC K H A W K <br />Mr. Ron Cattany <br />Director; Office of Mined Land Reclamation <br />Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver,. Colorado 80203 <br />REC~1V~~ <br />/ DEC 3 0 2004 <br />Division ~f Miderels and Ceologr <br />Re: OBJECTION AND PETTfION FOR HEARING concerning Reclamation Permit <br />File No. M-2004-067,,/filed by Cleaz Creek District Water Providers, LLC, <br />M_MRR Quarry for a proposed Mining Operation in Gilpin County (the <br />"Application") <br />Mr. Cattany: <br />By this letter, the Lodge Casino (the "Petitioner") petitions the Office of Mined Land <br />Reclamation and the Mined Land Reclamation Boazd for a hearing pursuant to Section 34-32.5- <br />114, C.R.S. The Construction Materials Rules and Regulations, 2 CCR 407-4 ("CMRR") state <br />that any pariyl may petition for a hearing on any application for a pemut. CMRR 1.7.1(2)(a) <br />requires that a petition for a hearing on an application be received by the Office of Mined Land <br />Reclamation (the "Office") not more than twenty (20) calendar days, after the last date for <br />newspaper publication of notice of the application in this action by December 30, 2004. <br />The Petitioner satisfies 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 />hearing. As is pertinent here, the Petitioner will suffer actual loss or injury to its business <br />operations, or will be exposed to potential loss or injury to those operations, which interests <br />constitute legitimate business and economic interests. <br />In particular, the Petitioner desires to point out to the Mined -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. Highway 6, which highways <br />constitute the primary routes from the Denver Metropolitan Area to Black Hawk and the <br />"Party" is defined as a person who demonstrates that he/she/it 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 Extraction of Construction Materials ("Act"). <br />n ' eta r ~ ~ ~' <br />'~ ~ ~ a <br />