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SETER VANDER WALL PAGE 03 12/08/2005 16:28 3037702701 its business operations, or will be exposed to parentis! loss or injury to those operations, which interests constitute ]egitiatate business and economic interests. In particular, the Petitioner desires to point out to the Mined Land Reclamation Board (the `Board") that the traffic from the mining operation described in the Application will increase the heavy truck traffic on Colorado Highway 119 and LT.S. Highway fi, which highways constitute tlse primary routes fmrn the Denver Metropolitan Area to Black Hawk and the Petitioner's business. This additional heavy truck traffic will negatively impact Petitioner's customers and employees. Traffic congestion on Highway 119 and if,S. 6 is a serious issue snd the economic impacts of congestion of these primary routes into and out of Slack Hawk have been quantified and discussed in several reports gmduced by the Colorado Department of Transportation, the Slack Hawk Business Improvement District, the Silver DoIlar Metropolitan District, and the City of Slack Hawk It is also currently the subject of an ongoing environmental impact study (Cmroing Area Access Environmental Study). Additional traffic has been shown to slow business traffic through Clear Creek Canyon and North Clear Creek Canyon, and to contribute to increased accidents and a negative overall perception of safety on these roads. Based upon these reports, Petitioner's reasonable business judgment is that the proposed mining operations described iu the application wiU negatively and seriously affect Petitioner's bottom lice and impair Petitioner's reasonable investment-backed expectations. Pursuant to CMItA 1.4.9, following receipt o£ this petition for hearing, the t]fftce is required to; (l) set a date to consider the application (2} schedule the application for a Formal Hearing before the Board (3) provide alI parties at least thirty {30) days written notice of the Formal Heating date (4) issue a recommendation to the Board for approval, approval with wnditions, or denial of the application. Pursuam to CM12R 2.7.1, the $oard may, in its discretion, schedule aPre-Bearing Conference prior to the Fom-ial Hearing. CMRR 2,7.1(1)(a) states, in relevant part, that the Pre- liearing Conference will be held to describe the Office's review process, to explain fire rights acrd responsibilities of the parties, and to "discuss and resolve issues to the extent possible " Pursuant to CM1tR 2.7.1 {e), " . , .the Pre-hearing conference shall be head ai{er the Office has issued its written recommendation and at least ten (10) calendar days prior the Formal Board Hearing." Thus, CMRR 2.7.1 provides far a dispute resolution process by which the Petitioner and the applicant may attempt to informally resolve the issue of the economic and business impacts of additional heavy truck traffic on Highway 119 and LT.S. 6. Given that the informal dispute resolution process may yield a negotiated outcome acceptable to all parties, Petitioner hereby foiutally requests that the Board schedule aPre-Hearing Conference in accordance with CMRR 2.7, in order that the Petitioner and applicant be given an opportunity to resolve the issues in advance of the Formal Hearing.