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BY: RIVIERA BLACK HAWK CASINO; 720 408 3818; MAY-26-05 1:09PM; RECEIVED MAY 26 2005 Drvisron of PMr~als and Geobpy, Mr. Ron Cattany Director, Office of Mined Land Reclamation Division of Minerals and Geology 1313 Slserman Strcet, Room 215 Denver, Colorado 80203 PAGE 2 Re: OBJECTION AND PETITION FOR HEARING concerning Reclamation Permit ApplieefionNo.fit-aZoo~-ora7,filedbyCiea~ CrecK4/crte,r asEr:~~t- for a proposed Mvung Operation in Gilpin County Sthe "Applicatian'~ P~•~-,ors, [,~c Mr. Cattany: tQtv~cvti Bythis letter,the 6\a~~ ~W is Casino (the "Petitioner")Petitionsrhe Office ofMinedLand Reclamation and the Mined Land Reclamation Board for abearingpursuaat tD Section 34-32.5>114, C.RS. The t,",onatruction Materials Rules and Regiilations, 2 CCR 407-4 ("CMRR'~ State that any party' may petition for a hearing on any application for a penait. CMRIi 1.7.1(2)(a) requires that a petition for a hearing on an application be received by the Office ofivlined Land Reolaznatior (the "Office's 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" because it will be diroctly and adversely ai£ected and aggrieved by the conduct of the mining operation proposed in the Application. In addiction, the Petitioner's interest i8 entitled to legal protection under the Act due to the fact that Section 34-32.5-114 allows as "aggrieved" person to file written objections and petition for fl hearirrg. Aaisperlinenthere,thePetitionerwillsufferactuallossorinjurytoitsbusinessopcraNons, orwillbe exposedto potcrrtiel loss or injuryto those operations, which interests constitute legitimate business and econornie interests. Jn particular, the Petitioner desires to point out to the Mined Land Rxlamation Board {the `Board's that the traffic tromp the mining operarion described in the Application will increase the heavy intck tra$c on Colorado Highway 119 and U.S. Highway 6, which highways constitute the primary routes from the Denver Metropolitan Area to Black Hawk and the Petifiener's 6usiaess. This additional heavy track haffic will negatively impact Petitioner's customers and employees. ' "Party" ie defined e9 a person who demonstrates that he/aheJit is directly and adversely affected or aggrieved by the conduct of a mining operation, proposed mining operntion, or an order ofthc Board and whose interest in entitled to Iegal protection under the Colorado Land ReclamAtion Act for the Sxu~action of Construction Materials ("AeY~.