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v. <br />" . ~ i. <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 pazticulaz, the Petitioner desires to point out to the Mined,Land~Reclamation Boazd <br />(the "Boazd") that the traffic $om the mining operafion described in the Applicafion 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 , Hiwk and -the <br />Petitioner's business. ~ This additional heavy truck traffic wilYnegatively. impact Pefitioner'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 cbngest~on of these~primary:routes into and out bf Black Hawk hate been quantified <br />-and discussed in .several reports produced- by the,Colorado Department of Transportation, the <br />Black ll-awk Business Improvement-District, the Silver.Doll'ar Metropolitan District, and the City <br />of Black Hawk. ?additional traffic has~een shown fo slow business traffic through CIeaz Creek <br />Canyon and North Cfeaz Creek Canyon, and to contribute to.increased accidents and a negative <br />.overall perception of safety on these roads: ~ ~ , _ - ' <br />Based upon ;these reports; P-e6tioner'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 I4ighway 119 and U.S. 6 through the Central City southern access road, decreases in <br />gaxning.fraffic tra"veling to Black Hawk generally, and probably shorter gaming tlme.per patron <br />- - due-io patron copcerns 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 ah - <br />economic loss to the State of Colorado, due to the State's-loss due to the decline in revenue from - <br />- lost gaming taxest . THese. are not speculative damages; but instead aze based on the. prior traffic <br />studies experienced-based projections of Petitioner's management:. <br />r - <br />Pursuant .to CMRR 1.4.9, following receipt of this-pefition for hearing, the Office is <br />requiredto:.~ ; <br />- (X) set a date to consider the application ' - <br />_ . _ (2) schedule the application fora Formal Healing before,the Board <br />- - (3) provide ail parties of least.thirty (30)-days ~yritten'notice of the Formal Healing date <br />(4) issue a recommendation to the Board,for approval; approval vuith,conditions, or,denial <br />of the application. ~ - <br />Pursuant to CMRR• 2:7.1, the Boazd. may, in ifs discretion, schedule aPre-Hearing <br />Conference prior to the Formal Hearing. CNIRR-2.7.1(1)(a) states, in.relevant part, tliat,the Pre- <br />Hearing Conference will be held to describe the Office's review process, to explain tfie 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 liar issued its <br />written recommendation and at.least ten (16) calendar days prior the Formal Board Hearing." <br />-. <br />~^ <br />