Interior Department halts mining at Rocky Mountain Industrials quarry

In a formal decision issued Jan. 3, the U.S. Department of Interior notified Rocky Mountain Industrials (RMI), operators of a limestone quarry above Glenwood Springs, that mining of “common variety” limestone at the quarry must stop, and the company must pay the government the established value of the common variety limestone sold over the past six years.

The decision halts mining of common variety rock at the quarry until the company applies for and obtains a mineral materials contract from the U.S. Bureau of Land Management (BLM), which manages the federal lands underlying the quarry. The decision letter is signed by Steven Feldgus, principal deputy assistant secretary for land and minerals for the U.S. Department of Interior.

Interior’s decision also sets a 30-business-day deadline for RMI to request the escrow account holder to pay BLM for the value of the sales, which the company has been paying into an escrow account since September 2019. BLM is an agency within the Department of Interior.

Decision affirms longstanding Citizens’ Alliance argument

Interior’s action is positive news for the Glenwood Springs Citizens’ Alliance, a nonprofit community organization that is a watchdog for current quarry operations and an opponent of RMI’s mine expansion plans.

“This decision affirms the fundamental argument we have been making in federal court: that RMI has been mining and selling limestone from our public lands for end uses that aren’t allowed under its federal mining permit,” said Jeff Peterson, president of the Citizens’ Alliance. The Garfield Board of County Commissioners joined in that ongoing federal case to make the same argument.

“Common variety” vs. “locatable” limestone

Interior’s decision cites the difference between limestone sold for “common variety” purposes, such as road base, riprap, asphalt shingles, aggregate and rock dust, and the one end use that would fall within RMI’s current mining permit limits as a “locatable” mineral: limestone meeting strict Federal Aviation Administration requirements for airport runway construction.

Differences between “common variety” and “locatable” limestone were explained in detail in a mineral examination report, also called a Determination of Common Variety, or DCV, that was released in January 2024 after five years of work by BLM geology and mining experts.

Limestone mined for the one “locatable” purpose, airport runways, would qualify under the General Mining Law of 1872. That use is exempt from sales payments and was allowed under RMI’s mining permit.

However, Interior’s Decision notes that RMI has not provided the necessary evidence that it is developing a market for “locatable” end uses, including securing permits from local governments to develop a rail yard load-out facility for shipping limestone for cement manufacturing on the Front Range. “RMI must provide evidence of market entry for any future disposal of minerals under the General Mining Law for alleged locatable end uses,” the letter states.

In ordering the payout of the escrowed sales receipts, Interior’s Decision also separates the escrowed funds. It confirms that $10,851 is to be returned to RMI for past sales of “locatable” limestone that qualified under its current mining permit. The decision does not state the dollar amount for the remainder to be paid to BLM.

Tribes express significant concerns; permit violations not addressed

Finally, the decision recognizes Interior’s duty to consult with the region’s three Ute tribes regarding present and future operations at the quarry. It states, “Although consultation is ongoing, the Tribes have preliminarily expressed significant concerns with the operation of the mine and its impact on tribal cultural resources and the cultural landscape.”

The decision did not address other outstanding issues at the RMI quarry, such as BLM’s previous orders regarding permit noncompliance issues, and a pending permit modification to address the massive rockslide that occurred at the quarry in January 2023.

It also did not touch on the company’s proposal for a massive expansion of the 20-acre quarry to 447 permitted acres. Under that plan, first announced in 2018, the company proposed mining year-round, up to 5 million tons of limestone per year for a period of 20 years.

The Citizens’ Alliance contends the proposed expansion would cause devastating impacts to the environment, economy and quality of life in Glenwood Springs. RMI faces unified community opposition to its expansion proposal from local governments, the business community, residents and visitors.

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