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operations, or will be exposed to potential loss or injury to those operations, which interests <br />constitute legitimate business and economic interests. <br />In particulaz, the Petitioner desires to point out to the Mined Land Reclamation Boazd <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 B1ack,Hawk and the <br />Petitioner's business. This additional heavy track 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 Improvement District, the Silver Dollar Metropolitan District, and the City <br />of Black Hawk. Additional traffic has been shown to slow business traffic through Clear Creek <br />Canyon and North Clear Creek Canyon, and to contribute to increased accidents and a negative <br />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 />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 Highway 119 and U.S. 6 through the Central City southern access road, decreases in <br />gaming traffic traveling fo Black Hawk generally, and probably shorter gaming time per patron <br />- due to patron concerns 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 an <br />economic loss to the State of Colorado, due to the State's loss due to the decline in revenue from <br />' ' . lost gaming taxes. These are not speculative damages,.but instead aze based on the. prior traffic <br />studies experienced-based projections of Petitioner's management. <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 application. <br />Pursuant to CMRR 2.7.1, the Board' may, in its discretion, schedule aPre-Hearing - <br />Conference prior to the Formal Hearing. Cl~RR 2.7.1(1)(a) states, in relevant part, that the Pre- <br />Hearing 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 /> <br /> <br />