2004-05-06_GENERAL DOCUMENTS - M1997054

• Permit No: M1997054
• IBM Index Class Name: General Documents
• Doc Date: 5/6/2004
• Doc Name: As we discussed
• From: AGO
• To: DMG
• Media Type: D
• Archive: No

Date of Expiration: Pending
Renewal Status: Not applicable
fe) Other: APEN submitted August 20. 2002. Final approval is pending payment of
processing fee of Sd88.gd Payment made January 26, 2004: awaiting evidence
of final approval.
22. FCC Industrial/Business Pool. Conventional Radio License issued to Rock Rail
Railroad Company lnc. !sic). dated January 4. 2000, fat call sign WppH667 and for
frequency of 160.7! Mhz.
23 The Fremont County Department of Planning & Zoning (the "Planning ~ Zoning
Department"). in a letter dated June 6, 2002. threatened a violation notice. if Agile did
not provide adequate documentation 6eFote July I.20D2, tbat it is in compliance with
the requirements of the Colorado Department of Public Health. Air Pollution Control
Division (APCD). and the requirements of the Conditional Ust Permit. In s letter dated
June 28. 2002. Randle W. Case 11 provided the Department of Planning & Zoning with
copses of initial and final air quality operating permits and described the installation of
dust abatement equipment to e1[minate potential noncompliance with Agile's ail quality
permits. In a letter dated July 15. 2DD2, the Department of Planning & Zoning
responded that there were no violations of the regulations and that Fremont County
would not take Further action.
2a. The Planning and Zoning Depanment also indicated in the June 6. 2002 letter that Agile
was rn violation of the terms of the Conditional Use Permit by failing to pay its
property taxes For the year 2000. These taxes appear to have not been paid, but 2001
and 2002 eases have not been paid. which would result in a continuing violation of the
Conditional Use Permit.
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The planning and Zoning Depanment also advised Agile. by letter dated December 9.
2003. that the Depanment had received a complaint concerning the volume of trucks
hauling materiel from the Parkdale Quarry in violation of the Conditional Use Permrt.
The Depanment requested a response from Agile by Janusry 5. 20tld.
A~Bife may have been• itr•violation of its~Type 112 penttia.with the Division of Minerals
and Geology by placing sand on top of ehe rop soil pile, es indicated in internal
memoranda wtieten by Bill Fehr to Mitch Albers February 8, 2000. by Mitch Albert to
Ray Marshal! on February B. 2000, by Mitch Alban to Bill Fehr on February 11. 2000,
and by Mitch Alpert to Ray Marshall on February 14, 2000.
Agile may have bees in violation of its Conditional Use Permit with the Board of
County Commissioners of Fremont County by placing sand on top of the tap soil pile in
violation of the construction and height requirements under that permrt. as indicated in
an tnteraal roemoraedum written by Mitch Albert to Bill Fehr nn February 8. 2000.
The Air Pollution Control Division issued a CbmpHahee Order and Assessment of a
357,500 Civil Penalty on January 2. 200d. for failing to comply with various
requirements of Consetvction Permits Nos 97P0598. 97P00603. and Ol POOa7a
Under the Compliance Order, Agile is required to bang its aperattans tttte comp{{ante
and pay a fine in the amount of 557,750.00.
ROCK & RAIL:
Operating approvals [slued by Surface Transportation Board pursuant to Surface
Transportation Board's class exemption procedures. Formerly known as certificate of
public convenience and necessity.
Certificate of Registrat[on to Ttanspott Hazardous Materials. issued by Research and
Special Programs bivision of Department of Transportation.
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