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Thomas A. Schreiner <br />March 16, 2005 <br />Page 9 <br />proposed use can be approved in the specified location. That is not the case here. Second, the <br />City and the County raise the speculative objection that they do not believe that CCDWP <br />actually intends its post-mining land use, and therefore MLRB should reject the application. <br />This objection is a mere assertion without any factual basis, and would not support a rejection by <br />MLRB. Gilpin County and City of Black Hawk are asking the MLRB to exceed its authority by <br />rejecting CCDWP's application on invalid grounds. They should be refused. <br />Very truly yours, <br />S7~RK LINDI;EY LITTLE Pc <br />Christoptrer G. Hayes ~ <br />CGH:jad ~: { <br />cc: Client <br />