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10/032006 13:07 IDEX INC* > 19702475104 N0.069 D02 <br />August 10~' 2008 -Allen through his representative David Wissel, proposes to <br />the Park County Planning Commission to build a permanent structure to <br />house a concrete batch plant and other operations. A photograph of a like <br />structure was displayed. See Attachment <br />September 14, 2006- Allen through his representatives stands before the State <br />Board of the Division Minerals and Geology and agrees to the limitations as <br />proposed in the 2n° Adequacy Review and Response which includes the <br />provisions that no permanent structure will be built on the site. <br />September 20, 2006 -Allen through his representative David Wissel, presents <br />to the Park County sward of County Commissioners, architectural drawings of <br />the proposed tit' tall, 3,000 square foot structure attached to a permanent <br />concrete foundation and slab. See Footnote 1 <br />Discussion: <br />In this instance, the State should not allow the Applicant to simply revise <br />his application through technical revision or other means because he has <br />violated the laws of the state with regard to a misrepresentation in front of <br />a State Agency. In this instance two State entities, the DMG and the County <br />(Park). <br />Citing 30-11-101 "General Considerations" A county is nothing more than an <br />agency of the state° <br />Mr. Allen`s misrepresentation of his Application to the DMG and Park <br />County represents a serious offense. The State must trust that applicant's <br />for state permits are providing truthful information. In addition, the <br />information given must be in keeping with information provided to other <br />agencies of the state. <br />In this instance the Applicant purposely gave obvious and conflicting <br />information to AgencieslElected Council of the State and County. We can <br />only assume that the Applicant, by providing these misrepresentations felt <br />that some advantage might accrue to him. Possibly by promising a more <br />cosily permanent structure to gain approval by the Park County Board of <br />County Commissioners for his concrete plant and accompanying mining <br />and gravel crushing operation-while, subsequently, using the DMG <br />requirement for a temporary structure as a later reason for not building the <br />more costly permanent structure. <br />Additional Cites' <br />34-32-117. (2) A "performance warranty" shall consist of a written promise <br />to the board, by the operator, to comply with all requirements of this article. <br />