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Ms.Amy Yeldell <br /> April 10,2020 <br /> Page 2 of 2 <br /> As I explained in my letter to you of November 6, 2019, my client planned to apply to the <br /> County to amend the existing permit to resolve this conflict, and other conflicts, between the <br /> County permits and the BLM and DRMS permits. However, parts of my letter to you were quoted <br /> in various press reports shortly after I sent it, including our plans to apply for a permit amendment. <br /> In direct response to those media reports, on November 18, 2019, the County imposed a <br /> moratorium on all new mining applications by Resolution 2019-58. That Resolution was added to <br /> the Board of County Commissioners' agenda at the last minute and without any prior notice to me <br /> or my client. The County then advised us that it would refuse to process or consider any application <br /> to amend the permit. <br /> Meanwhile, as I informed you in November, my client and the County had filed a <br /> stipulation in federal court providing that the County would take no action to enforce the 2019 <br /> , Notice or Resolution Nos. 2009-97 or 82-222 until the federal court issued a"Scheduling Order" <br /> in the pending litigation, which has not occurred. Another copy of the stipulation and the order of <br /> the United States District Court for the District of Colorado approving it are enclosed with this <br /> letter. The County's issuance of the 2020 Notice threatening enforcement action of the same <br /> alleged violation under Resolution No. 2009-97 is in direct violation of that federal court order, <br /> which remains in effect. <br /> The state court litigation remains pending, and we are awaiting several rulings from the <br /> Garfield County District Court judge regarding certification of the record and other matters before <br /> merits briefing can proceed. My client remains committed to protecting its rights under the law <br /> and expects to obtain a ruling invalidating both the 2019 Notice and the 2020 Notice. It will likely <br /> be several more months before the matter is ripe for ruling by the state court. <br /> In summary, Garfield County had no legal justification to issue the 2020 Notice and did so <br /> in direct violation of a federal court order.Regardless,because the seasonal restriction only applies <br /> until April 15, this issue will be moot in less than a week. <br /> Please contact me if you require additional information. <br /> Very truly yours, <br /> Adt i4 : ii T, ' . <br /> . FpcP,� . <br /> 1►.vid I Mc • •: 1g y <br /> Enclosure <br /> cc: Greg Dangler <br />