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08!20/2004 16:51 7197844352 <br />oa! ~0: <'FiA4 1n; 0B 1719ii6737c <br />r C <br />EFCI <br />FkEhrJN* CY'r PLgN;OrE <br />PAGE 02 <br />1g~CirY' <br />BUG 2 3 2oU4 <br />FRE~~NT ~/'1-T T1~T~T~ir DivisiOnOfMiner8fs&Geology <br />DEPAF~TMENT (~F PLANNING AND Z®NING <br />1515 MACON AVENUE, ROOM 210 <br />cAivoN crrY, coLOREwo s~zla <br />Teiephoat (719) 276-7360 / Facaitnile (714) 2767374 <br />*FACSIMILE* <br />DATE: August 20, 2004 <br />FAC5JMILE TO: Creorge Patterson (a~ Energy Fuele Ceal, Inc. #(719) 784.4352 <br />FACSIMILE FROM: Marshall Butler, Planning Coordinator <br />FAC'SIMTLE Sl-IEETS: 2 sheets tncladir:g this sheet <br />REFERENCE: Permit was not rescinded -Railroad rights-of--way <br />t3corge, <br />With reference to our recent coavetsations please find included with this facsimile Mr, Giontaao's <br />letter of May 24, 2002 to Allen Weaver explaining that Frmrtont County would not be able to rescind <br />CUP 98-3 Energy Fuels Coal, lac. until ell reclamation has been completed. <br />Wish regard to the zoning in the area of Energy Fuels "load-0ut"; the current zone district is the <br />Agricultural Living Zone District. In specific the railroadright-of--way is that area is zoned in the same <br />Agricultural Living Zone flishict. To my knowledge all of the railroad rights-ef-way currently in use <br />in Fremont Count' were established prior to July 1, 1968 which is the date that the first zoning went <br />into affect in Z'raa^.oat County. Based on this, the use of ra%hnad rightss~f--way for railroad associated <br />uses would be allowed as a non-confortniag use. 1 hopt: this answers your question in this matter. If <br />you have questions, feel free to contact xzte at the Depattraont. <br />