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application review process life Application was found by aD <br />agenaes and the OMG staff to comply wish State Wager Law. <br />There is rw reason or new evidence provided by the a,rrerrt <br />opponents b support a reopening of this erdire case based upon <br />water issues. <br />4. King Mountain's Prior Performanos Should bs Considered -These <br />allegat~rls are simply incorrect, ur><amded aril unsubstantiated and are <br />improper issues for the D~AAG stall and the CMLRB >b even begin fo consider <br />under the Rules and Regulations. <br />Conclusion: <br />We firmy believe that the any legitimaee issue is the late filing of the x327.000 Letter of <br />credit due to en admitted minor error on the pan of the applicant. We request that the <br />OMG stab recommend, Ure prehearing oorderence fir-d, and that the CMLRB limit the <br />_ Septerrrber heating to this issue abne. We also regcrest tlrat_ y_gu further_fi~,C_rat aU- - - - <br />otherissues ra'is`ed fay the wryer t objectors are either outside the scope of the adopted <br />Rules and Regulations, or that they were adequatey and thoroughy addressed during <br />the apPlicaGOn and review process. <br />Sincerely, <br />Paul G. Ges <br />Cc: King Mountain Gravel, l1C -Attn: Mr. Kirk Ebert <br />3 <br />