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r <br /> GLENWgOD SPRINGS OFFICE GARFIELD &HECHT, P.C. <br /> 901 Grand Avenue•Suite 201 <br /> Glenwood Springs,Colorado 81601 <br /> Telephone(970)947-1936 ATTORNEYS AT LAW I SINCE 1 9 7 5 RECEIVED <br /> www.garfieldhecht.com NOV 13 2019 <br /> November 6, 2019 <br /> David H. McConaughy <br /> dmcconaughv'i�«arfic ldhecl3t.com <br /> Via U.S. Mail <br /> Ms. Amy Yeldell <br /> Environmental Protection Specialist <br /> Colorado Division of Reclamation, Mining and Safety <br /> Department of Natural Resources <br /> 1313 Sherman Street, Room 215 <br /> Denver, CO 80203 <br /> Re: Mid-Continent LST, Permit No. M-1982-121 <br /> Dear Ms. Yeldell: <br /> This firm serves as local counsel for RMR Industrials, Inc. and related entities with respect <br /> to operations in Garfield County. I write in response to your letter of October 31, 2019, to Greg <br /> Dangler of RMR Aggregates, Inc. <br /> Specifically,you asked for information as to how RMR is working to resolve issues relating <br /> to RMR's Garfield County Special Use Permit. <br /> On May 8, 2019, Garfield County issued a notice (the "NOV") alleging five violations of <br /> the Special Use Permit issued to RMR's predecessor in 1982 and as amended in 2009. RMR <br /> disputes the allegations in the NOV on both legal and factual grounds. Among other things,certain <br /> terms of the Special Use Permit conflict with the existing permits issued by the DRMS and by the <br /> Bureau of Land Management, but the County has not acknowledged preemption of state and <br /> federal law. <br /> After unsuccessful efforts to resolve the matter via discussions with Garfield County staff, <br /> RMR filed a federal lawsuit against Garfield County in the United States District Court for the <br /> District of Colorado and a state lawsuit in Garfield County District Court. Presently, both cases <br /> have been stayed, but we expect the state case to proceed soon. The United States Magistrate <br /> Judge in the federal case has recommended that the federal case remain stayed until the narrower <br /> issues in the state case are resolved. Garfield County has stipulated not to take any enforcement <br /> action with respect to the NOV until the federal case proceeds to a scheduling conference, which <br /> will not happen until the stay is lifted. A copy of that stipulation is attached to this letter. As such, <br /> pursuant to agreement with the County, the NOV will not be enforced and will have no impact on <br /> RMR's operations for at least several months if not longer. <br /> ®Printed on recycled paper <br />