The U.S. Bureau of Land Management (BLM) released a redacted version of its highly anticipated Determination of Common Variety (DCV) report for the Rocky Mountain Industrials (RMI) limestone mine on Wednesday evening, as announced by the Glenwood Springs Citizen’s Alliance in a news release.
According to the report, the DCV findings reveal that the majority of limestone sales from RMI’s quarry and proposed mine expansion do not meet the criteria outlined in the Mining Law of 1872.
The Citizen’s Alliance has long contended that RMI’s limestone mining activities extend beyond the permissible uses outlined in its federal land mining permit, which is restricted to specific uses permitted under the Mining Law of 1872.
BLM Field Manager Larry Sandoval emphasized in a statement last Thursday that the agency has determined that a significant portion of the material extracted by RMI does not qualify under the Mining Law of 1872 due to being marketed for common purposes.
According to the DCV report, RMI’s expansion proposal failed to provide evidence demonstrating that the limestone deposit possesses unique or special properties distinguishing it from other deposits used for similar aggregate purposes.
Citizens’ Alliance President Jeff Peterson stated that the agency’s stance marks a critical juncture in its evaluation of RMI’s current mining operations at the Transfer Trail quarry and the proposed expansion.
The release highlighted that if RMI’s intended uses for the mined limestone had met the qualifications under the 1872 Mining Law, the company would have faced fewer regulatory restrictions on environmental and economic impacts, and would not have been obligated to pay royalties on its sales.
The DCV report disqualifies nearly all of RMI’s proposed end uses for the limestone, including rock dust for coal mines, road base, rip-rap, structural boulders, and chicken grit. Mining and sales for these non-qualifying uses would require approval under a BLM mineral sales contract.
Moreover, the Citizens’ Alliance revealed that a cover letter accompanying the DCV report instructed RMI Vice President Robert Wagner to account for funds held in an escrow account established in 2019. The letter, signed by BLM Field Manager Larry Sandoval, stipulates that RMI must remit escrowed payments for all sales that do not meet the requirements of the Mining Law by Feb. 25.
In addition to challenging RMI’s expansion claims, the background information provided in the DCV report offers arguments against the mine’s operation altogether. According to the report, the quarry’s original purpose since its inception in 1982 was solely for rock dust used to mitigate methane eruptions in underground coal mines near Redstone.
Peterson concluded that with the DCV findings, it appears that the initial mine approvals granted in 1982 are no longer valid, suggesting that mining activities should cease unless RMI secures a federal mineral sales contract and addresses other permit compliance issues.