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application review process the Application was found by all <br />agencies and the DMG staff to comply with State Water Law. <br />There is no reason or new evidence provided by the current <br />opponents to support a re-opening of this entire case based upon <br />water issues. <br />4. King Mountain's Prior Performance Should be Considered -These <br />allegations are simply inconect, unfounded and unsubstantiated and are <br />improper issues for the DMG staff and the CMLRB to even begin to consider <br />under the Rules and Regulations. <br />Conclusion: <br />We firmty believe that the only legitimate issue is the late filing of the $327,000 Letter of <br />Credit due to an admitted minor error on the part of the applicant. We request that the <br />DMG staff recemmend, the pre-hearing conference find, and that the CMLRB limit the <br />September hearing to this issue alone. We also request tha~ou_further find that all_ _ _ <br />- ----- - <br />other issues raised by the current objectors are either outside the scope of the adopted <br />Rules and Regulations, or that they were adequately and thoroughly addressed during <br />the application and review process. <br />Sincerely, <br />Paul G. Ges <br />Cc: King Mountain Gravel, LLC -Attn: Mr. Kirk Ebert <br />