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12/08/2005 16: 2B 3037702701 SETER VANDER WALL PAGE 02 Black l-tawk Gaming Association 348 Cold Springs Guleli Road Golden, Colorado 80401 7e1.303-420.8583 PAX: 303~2Q-8571 P~et1: mbamesBmho,com 11Qr. Ron Cattany Duector, Office of Mined Lsrd Rrclarnstion Divisiott ofMinerals and Geology 1313 Sherman Street, Roorn 215 Denver, Colorado 80203 RECEIVED pEC 3 D ZOD4 c/ DiYisiofl of Minerals and Geology December 28, 2004 Re: OBJECTIOI~T AND PETITION FOR 13EARlNG concenvng Reclamation Permit Pile No. M-2004-06FY, filed by Clear Creek District Water Providers, LLC, MMRR Quarry for a proposed Mining Operation in Gilpin County (tile "Application") Mr. Cottony: By this letter, the Black Hawk Gaming Association which represents a maority of the casinos in Black Hawk (the "Petitioner") petitions the Office of Mined Land Reclamation and the Mined Land Reclamation Board for a hearing pursuant to Section 34-32.5-]]4, C.RS. The Construction Materials Rules and Regulations, 2 CCR 407 ("CMRR") state that any paRyl may petition for a hearing on any application for a permit. CMRR 1.7.1(2)(a} requires that a petition for a hearing on an application be received by the Office of Mined Land Reclamation (the "Cffice") not more than twenty (20) calendar 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" as the designated representative of parties directly and adversely affected and aggrieved by the conduct of the mining operation proposed in the Application, In 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 mill suffer actual loss or injury to L "Party" is defined as a person who demonstrates that he/she/it is duectly 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 Laad Reclamation Act for the Extraction of Construction Materials ("Act"). ~ ~„{EXFI~iBI~~ ~t. ~~ t i~ ; .. ~ lam;