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RECEIVED <br /> M f 17 2022 <br /> DIVISION OF RECLAMATION <br /> MINING AND SAFM <br /> BakerHostetler <br /> Baker&Hostetler LLP <br /> 1801 California Street <br /> Suite 4400 <br /> Denver,Colorado 80202-2662 <br /> T 303.861.0600 <br /> F 303 861.7805 <br /> October 12, 2022 www.bakerlaw.com <br /> Mark S Barron <br /> direct dial 303.764.4023 <br /> mbarron@bakerlaw corn <br /> VIA EMAIL AND OVERNIGHT MAIL <br /> Ms. Virginia Brannon, Director <br /> Mr. Russ Means, OMLR Program Director <br /> Colorado Division of Reclamation, Mining and Safety <br /> 1313 Sherman Street, Room 215 <br /> Denver, Colorado 80203 <br /> Telephone: 303.866.3567 <br /> ginny.brannon@state.co.us <br /> russ.means@state.co.us <br /> Re: Rocky Flats Environmental Solutions, LLC; <br /> Authority to conduct non-mining processing at private facility <br /> Dear Ms. Brannon and Mr. Means: <br /> This office represents Rocky Flats Environmental Solutions, LLC ("RFES"). By order <br /> dated September 1, 2022, the Colorado Mined Land Reclamation Board (the "Board") issued a <br /> cease-and-desist instruction to RFES, prohibiting RFES and RFES' owners from using a <br /> commercial property that RFES owns at 17200 Highway 72 in unincorporated Jefferson County, <br /> Colorado (the "Facility").' The Board's instruction is premised on the Board's determination that <br /> RFES was operating the Facility as an unpermitted "mining operation" in violation of Colo. Rev. <br /> Stat. § 34-32-109.2 <br /> 1 See File Nos. M-2020-044 & MV-2022-012, Findings of Fact, Conclusions of Law, and Order <br /> (Sept. 1, 2022) (the "Order"). A copy of the Board's Order is enclosed as Attachment A to this <br /> correspondence. <br /> 2 RFES respectfully disagrees with the Board's determination that any of RFES' activities <br /> constitute mining operations requiring a permit from the Division of Reclamation, Mining and <br /> Safety ("DRMS"). RFES has exercised its right to seek judicial review of the Board's ruling. See <br /> Rocky Flats Envtl. Sols. v. Colo. Div. of Reclamation, Mining& Safety,No. 2022CV32904 (Dist. <br /> Atlanta Chicago Cincinnati Cleveland Columbus Costa Mesa Dallas Denver Houston <br /> Los Angeles New York Orlando Philadelphia San Francisco Seattle Washington,DC Wilmington <br />