2020-04-21_GENERAL DOCUMENTS - M1982121

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,,, /, 7 '\1%-) Glenwood Springs Office GARFIELD & HECHT P.C. RECENED 901 Grand Avenue,Suite 201 r� 1 'ZULU Glenwood Springs,Colorado 81601 ATTORNEYS AT LAW APR G Telephone(970)947-1936 Since 1975 Facsimile(970)947-1937 DIVISION OF PrCIAl+�TlON '.v .carticldhecht.com NpNINGAN� April 10, 2020 David H. McConaughy dmcconaughy'a gar1icldhecht.com Ms. Amy Yeldell Environmental Protection Specialist Colorado Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 ami.y eldell(u statc.co.us • Re: Mid-Continent LST, Permit No. M-1982-121 Dear Ms. Yeldell: I wrote you on November 6, 2019,to advise you that this firm represents RMR Industrials, Inc., which has recently changed its corporate name to Rocky Mountain Industrials, Inc. We also represent the affiliated Colorado entity RMR Aggregates, Inc. My client forwarded a copy of your letter to Greg Dangler dated April 6, 2020, asking for information concerning a letter from Garfield County dated March 31, 2020. My client had not actually received Garfield County's letter before you forwarded it, most likely because it was addressed incorrectly. This letter will respond to your inquiries and update the information provided in my November 6, 2019, letter. As you know, my client is presently in litigation against Garfield County in both state and federal court to challenge the Notice of Violation dated May 8,2019(the"2019 Notice"). The new Notice of Violation of March 31, 2020 (the "2020 Notice") raises a single issue which is identical to issue#3 in the 2019 Notice. Both alleged violations reference a seasonal restriction imposed by County Resolution No. 2009-97. The seasonal restriction was included in Resolution No. 2009-97 to mirror a similar restriction imposed by the BLM. However, the BLM has routinely granted exemptions to that restriction, including during 2018-2019 and 2019-2020. Garfield County has advised me that it cannot honor that exemption and that it has no process to grant an exemption without formal amendment of the County permit. In the litigation, my client has challenged the County's authority to enforce this restriction when the BLM has specifically granted an exemption on preemption and other grounds. Notably, the BLM has determined that the restriction would have no impact on wildlife migration this year or last year,which was the reason for the restriction in the first place. As such, there is no present environmental or scientific basis to impose the restriction.