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Mr. Ron Cattany <br />Director, Office of Mined Land Reclamation MAY 2 5 2005 <br />Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Divisiart o(1476~cre'c " cacspy <br />Re: OBJECTION AND PETITION FOR HEARING concerning Reclamation Permit <br />File No. M-2004-067, filed by Clear Creek District Water Providers, LLC, <br />" MMRR Quarry" for a roposed Mining Operation in Gilpin County (the <br />"Application") C(,ewo: ~,y~yxa~ <br />Mr. Cattany: <br />By this letter, Bullwhackers Casinos petitions the Office of Mined Land Reclamation and <br />the Mined Land Reclamation Boazd for a hearing pursuant to Section 34-32.5-114, C.R.S. The <br />Construction Materials Rules and Regulations, 2 CCR 407-4 ("CMRR") state that any party' may <br />petition for a hearing on any application for a permit. CMRR 1.7.1(2)(a) requires that a petition <br />for a hearing on an application be received by the Office of Mined Land Reclamation (the <br />"Office"} not more than twenty (20} calendar days after the last date for newspaper publication of <br />notice of the application in this action by December 30, 2004. <br />The Petitioner satisfies the definition of "party" because it will be directly and adversely <br />affected and aggrieved by the conduct of the mining operation proposed in the Application. In <br />addition, the Petitioner's interest is entitled to legal protection under the Act due to the fact that <br />Section 34-32.5-114 allows an "aggrieved" person to file written objections and petition for a <br />hearing. As is pertinent here, the Petitioner will suffer actual loss or injury to its business <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 particulaz, the Petitioner desires to point out to the Mined Land Reclamation Board <br />(the "Boazd") that the traffic from the mining operation described in the Application will increase <br />the heavy truck traffic on Colorado Highway I19 and U.S. Highway 6, which highways <br />constitute the primary routes from the Denver Metropolitan Area to Black Hawk and the <br />' "Party" is defined as a person who demonstrates that he/she/it is directly and adversely <br />affected or aggrieved by the conduct of a mining operation, proposed mining operation, or an <br />order of the Boazd and whose interest in entitled to legal protection under the Colorado Land <br />Reclamation Act for the Extraction of Construction Materials ("Act"). <br />PO Box 49.101 Gregory Streec Black Hawk, Coloeado 80422 • 'I~m 303-27I-2500 BaX: 303-271-2501 <br />