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Plan,Rock Removal from Highwall Benches,Road System, Schedule of Operations, Stormwater <br /> Management,Rock Characteristics, and Bench Configuration. Due to the rockslide,most of these <br /> operations have changed.RMI will need to include the short-term recovery plans and any long-term plans <br /> in the updated Description of Operations. <br /> 2. Page 4-12. Bench Configuration. This information was based on a geotechnical report from 2018.BLM <br /> will require a new geotechnical analysis to be completed due to recent events. <br /> 3. Pages 5-1 through 5-6.Reclamation Plan.This plan will need to be reassessed due to recent events and the <br /> operational changes.43 CFR§3809.401(b)(3)(i)—(x). <br /> 4. Pages 6-1 through 6-3.Interim Management Plan. The interim management plan for the project area will <br /> need to be updated due to the changed conditions to prevent unnecessary or undue degradation during <br /> periods of temporary closures. 43 CFR§3809.401(b)(5). <br /> 5. Pages 7-4 through 7-5.Monitoring Plans. The plans for monitoring the effect of your operations will need <br /> to be reevaluated due to the changed conditions and operations. 43 CFR§3809.401(b)(4) <br /> Additionally,the BLM's regulations at 43 CFR§ 3809.415(a)require operators to remain in compliance with <br /> all Federal and State laws related to environmental protection and protection of cultural resources. The BLM <br /> is aware that the U.S.Mine Safety and Health Administration(MSHA)has issued a section 103(k)Control <br /> Order to RMI, and that RMI has been working with MSHA to resolve that order. The BLM is also aware <br /> that the Colorado Division of Reclamation,Mining, and Safety(DRMS)has issued a Notice of Board <br /> Hearing for the Reason to Believe a Violation Exists under Rule 3.1.5(3), C.R.S. 34-32.5-116(4)(i), and <br /> C.R.S. 34-32.5-124 to RMI. RMI will need to notify BLM of their plans of how they will address the MSHA <br /> order and the potential DRMS violation. <br /> Please provide a response to the above information requests in the form of a revised submittal within 30 days <br /> from receipt of this letter.As outlined in BLM's March 6 Amended Noncompliance letter,the BLM may <br /> take further action pursuant to 43 CFR § 3809.601(b) and issue a Suspension Order for all or part of the Mid- <br /> Continent Quarry operation." If BLM does not receive your complete submission within 30 days,it will <br /> consider you to have failed to timely comply with the August 30, 2022 Noncompliance Order,which is a <br /> significant violation. <br /> Once the Plan of Operations Modification is determined complete under 43 CFR§ 3809.401(b),the BLM <br /> will solicit public comment on the Plan under 43 CFR§3809.411(c), either separate from or as a part of the <br /> environmental review process required by the National Environmental Policy Act(NEPA). BLM must solicit <br /> public comment prior to making a decision on the proposed Plan of Operations Modification in accordance <br /> with 43 CFR § 3809.411(d). <br /> If you have any questions about the information requests,please contact Brittany Cocina, Geologist, at(970) <br /> 876-9053 or bcocina@blm.gov. <br /> Sincerely, <br /> 44,f— <br /> Larry W. Sandoval, Jr. <br /> Field Manager <br /> 2 <br />