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Black Hawk Gaming Association 348 Cold Springs Gulch Road Golden, Colorado 80401 Tel: 303-420-8583 RAX: 303-420-8571 Email: mbarne a~lio.com J Mr. Ron Cattany Director, Office of Mined Land Reclamation Division of Minerals and Geology 1313 Sherman Street, Room 215 Denver, Colorado 80203 RECEIVED OEC 3 0 2004 ci Division ~I Minerals and Gealo9Y December 28, 2004 Re: OBJECTION AND PETITION FOR HEARING concerning Reclamation Permit File No. M-2004-06P", filed by Cleaz Creek District Water Providers, LLC, MMRR Quarry for a proposed Mining Operation in Gilpin County (the "Application") Mr. Cattany: By this letter, the Black Hawk Gaming Association which represents a maority of the casinos in Black Hawk (the "Petitioner") petitions the Office of Mined Land Reclamation and the Mined Land Reclamation Board for a hearing pursuant to Section 34-32.5-114, C.R.S. The Construction Materials Rules and Regulations, 2 CCR 407-4 ("CMRR") state that any party) may petition for a hearing on any application for a permit. CMRR 1.7.1(2)(a} requires that a petition for a hearing on an application be received by the Office of Mined Land Reclamation (the "Cffice"} not more than twenty (20) calendaz 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" as the designated representative of parties directly and adversely affected and aggrieved by the conduct of the mining operation proposed in the Application. In addition, the Petitioner's interest is entitled to legal protection under the Act due to the fact that Section 34-32.5-114 allows an "aggrieved" person to file written objections and petition for a heazing. As is pertinent here, the Petitioner will suffer actual loss or injury to l "Party" is defined as a person who demonstrates that he/she/it is directly and adversely affected or aggrieved by the conduct of a mining operation, proposed mining operation, or an order of the Boazd and whose interest in entitled to legal protection under the Colorado Land Reclamation Act for the Extraction of Construction Materials ("Act").