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PERMFILE102800
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PERMFILE102800
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Entry Properties
Last modified
8/24/2016 9:56:33 PM
Creation date
11/24/2007 9:16:17 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2004067
IBM Index Class Name
Permit File
Doc Date
12/30/2004
Doc Name
Objection Ltr.- COPY
From
Black Hawk Gaming Association
To
DMG
Media Type
D
Archive
No
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its business operations, or will be exposed to potential loss or injury to those operations, which <br />interests constitute legitimate business and economic interests. <br />In particulaz, the Petitioner desires to point out to the Mined Land Reclamation Board <br />(the "Boazd") 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 />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 hnproiement District, the Silver Dollaz Metropolitan District, and the City <br />of Black Hawk. It is also currently the subject of an ongoing environmental impact study <br />(Gaming Area Access Environmental Study). Additional traffic has been shown to slow business <br />traffic through Clear Creek Canyon and North Cleaz Creek Canyon, and to contribute to <br />increased accidents and a negative 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 />Pursuant to CMRR 1.4.9, 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 Board for approval, approval with conditions, or denial <br />of the applicafion. <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 />iearing 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 Boazd 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 Board schedule aPre-Hearing Conference in accordance with CMRR <br />2.7, in order that the Petitioner and applicant be given an opportunity to resolve the issues in <br />advance of the Formal Hearing. <br />
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