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10/032006 13:15 IDEX INCA -~ 19702475104 ~_.__ N0.070 D01 <br />~M-~S--agcy <br />t]cioher 3, 2008 <br />Kate Pickford <br />Colorado Division of Minerals and Geology <br />701 Camino Del Rio, #125 <br />Durango, CO 81301 <br />~~T <br />~~~'~'~d <br />03 ~ p06 <br />nz'f~-: <br />~~t~~s'L•, ~ ~iE1a <br />3 vr. ~ ~ ma~~ <br />v Ja;~,~ Ln <br />RE' Allen Drilling and Excavating Co., Inc. File No. M-2005-08D ~~ <br />C~. <br />Hello Kate, O;`s ~Cf~ /GFE~ <br />This letter serves as my written complaint requesting that a praceet for 6%~,, <br />the revocation of INr. Jack Allen's previously issued permit Ge commenc°eda`c% : ~ <br />Mr. Allen through his legal representatives have engaged in unlawful activity ' ~ ` <br />regarding their Mining and Reclamation Application. <br />Citing 24-4-104 paragraph 5 "A proceeding for the revocation, suspension, <br />annulment, limitation, or modification of a previously issued license shah be <br />commenced by the agency upon its own motion or by the filing with the <br />agency of a written complaint, signed and sworn to by the complainant, <br />stating the name of the licensee complained against and the grounds for <br />the requested action." <br />And Citing 24-4-104 paragraph 4 "Where the agency has objective and <br />reasonable grounds to believe and finds, upon a full investigation, that the <br />licensee has been guilty of deliberate and willful violation,.." <br />And Citing 24-4-104 paragraph 13 "Any applicant who, under oath, supplies <br />false information to an agency in an application for a license commits <br />perjury in the second degree, as defined in section 18-8-503, C.R.S. <br />And in support of Citing 24-4-102 paragraph 3 "Agency" means any board, <br />bureau, commission, department, institution, division, section, or officer of <br />the state..." <br />And in support of Citing 24-4-102 paragraph 7 "License" includes the whole <br />ar any part of any agency permit,....°° <br />The Facts: <br />April 17tH, 20D8 -Allen through his represeniatrve Angela Bellantoni submits to <br />the Division of Minerals and Geology, referred to as the "2"d Adequacy Review <br />and Response", that the applicant agreed to the stipulation: "All structures on <br />site will be portable and/or temporary." See Attachment <br />August 10'" 2006 -Allen through his representative David Wissel, proposes to <br />the Park Ccunty Planning Commission to build a permanent structure to <br />