About the Permitting Process

Permits for the project must be approved by federal, state and local governments.

The lead permitting agency is the U.S. Bureau of Land Management (BLM), since the existing quarry and the proposed expansion is on public land managed by BLM.

If Rocky Mountain Industrials gains permit approval from BLM, it must also seek permits for mining reclamation, air quality, water quality and highway access  from various agencies within Colorado state government. Permits will also be required from Garfield County and the City of Glenwood Springs.

If all permits are approved, quarry expansion operations would start about 18 months later.

The BLM permit review process

BLM has committed to reviewing the limestone mine expansion proposal through a formal Environmental Impact Statement (EIS) review process.

Because the EIS process is now limited to a one-year time period, BLM is first conducting several advance studies that will provide essential information needed for the EIS process to begin.

In April 2020, BLM revised its timeline for the EIS process because the advance studies are taking longer than expected.

Timeline

Advance Studies: Spring 2019 to Early 2021
EIS Review Process: 2021, start date to be determined
BLM Final Decision: 2022, dependent on actual EIS start date

Five Advance Studies

Mineral Examination
Hydrologic and Groundwater Study
Cave and Karst Study
Ethnographic Study
Standard Biological and Cultural Surveys

Mineral Examination

Prior to conducting a permit review, BLM is conducting a mineral exam. This study will determine whether the limestone deposit meets 1872 Mining Law standards as a “locatable” mineral, or is of a common variety and thus is considered as a “saleable” mineral.

Under the 1872 Mining Law, a deposit that meets “locatable” standards is subject to a very limited BLM permit review process, and mined material is exempt from royalty payments.

A deposit that does not meet “1872” standards and is determined to be “saleable” is subject to a complete environmental review, and royalty payments are due on mined material.

The examination process includes geologic sampling and an economic study of RMI’s potential customer base and profitability.

Results of the mineral examination are expected by summer 2020.

Click here to read BLM’s Aug. 12, 2019, FAQ with helpful details about the mineral exam process.

Hydrologic and Groundwater Study

In September 2019, Rocky Mountain Industrials proposed drilling five water monitoring wells an estimated 125 to 250 feet down through the Leadville Limestone Formation, which is known to hold groundwater aquifers. RMI proposes using the existing Transfer Trail roadway to access the well sites.

BLM conducted a public scoping process in October 2019, drawing 250 comments opposing the test drilling. The Citizens’ Alliance filed extensive technical comments questioning the risk of test drilling to permanently damage the aquifers that feed Glenwood Springs hot springs resources. Read our commentary here.

While BLM positioned itself to quickly approve the drilling request through a categorical exclusion, comments filed by GSCA, the City of Glenwood Springs, Garfield County, the Glenwood Springs Chamber Resort Association, the Glenwood Hot Springs Pool, and Iron Mountain Hot Springs all called on the BLM to conduct further study under an Environmental Assessment. Third District Congressman Scott Tipton sent a letter to BLM urging the agency to “operate under an abundance of caution,” and formally requested that BLM carry out an Environmental Assessment.

On Dec. 12, 2019, BLM announced that it would conduct an Environmental Assessment (EA) of the drilling plan, rather than grant an immediate categorical exclusion approval.

BLM expects to release the preliminary environmental assessment (EA) document in May 2020, followed by a public comment period. A final decision by BLM on whether and how to allow the test well drilling would come after the comment period.

Cave and Karst Features

A study of the proposed mining area’s cave and karst features hasn’t formally started.

Discovery in October 2019 of the Witches’ Pantry Cave by local spelunkers proves that valuable cave resources underlie the proposed mine area. BLM is working with Colorado Parks & Wildlife to learn whether the cave is used by bats for winter hibernation.