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Black Hawk Gaming Association <br />348 Cold Springs Gulch Road <br />Golden, Colorado 80401 <br />Tel: 303-420-8583 <br />FAX: 303-420-5571 <br />Email: mbernesQmho.com <br />Mr. Ron Cattany <br />Director, Office of Mined La:.d Reclarlatian <br />Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />RECEIVED <br />qEC 3.0 2004 <br />Division ~f Minerals and Geology <br />®e U <br />December 28, 2004 <br />Re: OBJECTION AND PETITION FOR HEARING concerning Reclamation Permit <br />File No. M-2004-067, filed by Cleaz Creek District Water Providers, LLC, <br />MMRR Quarry for a pro~~°°sed 1Mining Operation in Gilpin County (the <br />"Application") C~asS; f C~ /Y~rj/ <br />Mr. Cattany: <br />By this letter, the Black Hawk Gaming Association which regresents a maority of the <br />casinos in Black Hawk (the "Petitioner") petitions the Office of Mined Land Reclamation and the <br />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 applicafion be received by the Office of Mined Land Reclamation (the <br />"Office") not more than twenty (20) calendaz 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" as the designated representative of parties <br />directly and adversely affected and aggrieved by the conduct of the mining operation proposed in <br />the Application. in addition, the Petitioner's interest is entitled to legal protection under the Act <br />due to the fact that Section 34-32.5-114 allows an "aggrieved" person to file written objections <br />and petition for a hearing. As is pertinent here, the Petitioner will suffer actual loss or injury to <br />1 "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 />