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2019-12-09_ENFORCEMENT - M1982121
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2019-12-09_ENFORCEMENT - M1982121
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Last modified
12/27/2024 3:32:12 PM
Creation date
12/9/2019 12:30:35 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1982121
IBM Index Class Name
ENFORCEMENT
Doc Date
12/9/2019
Doc Name
Notice of Violation
From
Sheryl Bower, AICP
To
DRMS
Email Name
ACY
THM
Media Type
D
Archive
No
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Garfield County <br /> ATTORNEY'S OFFICE <br /> 108 Eighth Street, Suite 219 <br /> Glenwood Springs, CO 81601-3363 <br /> Tele: 970-945-9150 <br /> December 6, 2019 Fax: 970-384-5005 <br /> VIA FedEx Overnight <br /> Ms. Amy Yeldell RECEIVED <br /> Environmental Protection Specialist <br /> Colorado Division of Reclamation, Mining and Safety DEC 2a�9 <br /> Department of Natural Resources DIVISION OF RECLAMATION <br /> 1313 Sherman Street, Room 215 MINING&SAFETY <br /> Denver, CO 80203 <br /> Re: Mid-Content LST, Permit No. M-1982-121,Notice of Violation <br /> Dear Ms. Yeldell: <br /> I write to confirm that RMR Industrials, Inc. and its related entities (collectively "IMR") <br /> are the subject of a Notice of Violation issued by Garfield County based on RMR's failure to <br /> comply with county permits and regulations related to its mining operations. <br /> The Notice of Violation was issued on May 8,2019. A copy is enclosed for your reference. <br /> The Notice of Violation finds, among other things, that RMR's mining operations have exceeded <br /> its perzi:fitted ,acreage, that RMR has extracted and sold materials outside the scope of its <br /> authorization, and that RMR has operated in prohibited winter months. <br /> RMR and Garfield County are in litigation regarding the Notice of Violation. <br /> RMR filed a federal action in the United States District Court for the District of Colorado <br /> that is captioned, R h1r _Industrials, Inc. v. Gat f eld County, Colorado, Civil Action No. 19-cv- <br /> 01445. In connection with this federal action, Garfield County entered a stipulation in which it <br /> agreed temporarily not to seek enforcement of the Notice of Violation. The federal action, <br /> howevi.r, was administratively closed on November 29, 2019, and the stipulation is no longer in <br /> effect. <br /> F-SIR also filed a state coin-t action. This action was filed in the District Court of Garfield <br /> Count., Colorado and is captioned, RMR Industrials, Inc. v. Board of County Commissioners of <br /> Garfield Counly Colorado, Case No. 2019--cv-30087. <br />
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