Rocky Mountain Industrials (RMI) was ordered to stop mining by the U.S. Department of the Interior in a Jan. 3 letter citing permit violations and a lack of evidence of market development. 

RMI, which currently mines the Mid-Continent limestone quarry north of Glenwood Springs, has been selling limestone for “common variety” purposes, such as aggregate, rock dust and asphalt shingles, not permitted under its current mining permit, according to the letter.

The quarry’s current permit only allows RMI to mine material for “locatable” use, or limestone that meets requirements to be used for Federal Aviation Administration runways. Extraction of material for “locatable” use is exempt from sales payments under the General Mining Law of 1872.

RMI must stop mining limestone for “common variety” use, and, within 30 business days of receiving the Jan. 3 notice, request that the quarry’s escrow account holder pay the Department of the Interior and the U.S. Bureau of Land Management (BLM) for the value of the “common variety” limestone sold and interest accrued since RMI began paying into the account in September 2019, when the BLM began a mineral examination of the site. The BLM’s findings were released in January 2024. 

The ruling is a win for Glenwood Springs Citizens’ Alliance and the Garfield County Commission, both of which argued in federal court that RMI’s ongoing mining operations were outside the parameters of their current permit.

Almost $11,000, and any associated interest, will be returned to RMI from the escrow account for sales of “locatable” limestone allowed under the quarry’s current mining permit. The rest of the money from the escrow account, an amount not stated in the letter, will be paid to Interior and BLM. 

If RMI does not direct the escrow holder to make the payments requested by the department, it may be subject to liability for damages to the United States and prosecution under applicable law, according to the letter. 

The letter also states that RMI has not provided enough evidence to prove the quarry is developing a market for the “locatable” use allowed under its current permit and must do so before continuing to mine. 

In 2021, RMI provided BLM with a study with proposed markets mainly for cement, according to the letter. 

“Production of cement would likely require shipment of limestone extracted from the mine over 100 miles to reach a facility capable of manufacturing and selling cement in significant quantities in the Denver-Front Range area,” the Jan. 3 letter, signed by Steven Feldgus, principal deputy assistant secretary of Land and Minerals Management, states. “To date, BLM has not received significant evidence from RMI that it has taken steps to establish market entry for cement, including securing city and county permits that may be required to access rail loadout facilities from the mine.”

RMI must also obtain a mineral materials contract from BLM to continue mining material for “common variety” purposes. 

The Department of Interior cited concerns from the Ute Mountain Ute Tribe, the Southern Ute Indian Tribe and the Ute Indian Tribe of the Uintah and Ouray Reservation. “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 letter states.

“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,” Jeff Peterson, president of the Glenwood Springs Citizens’ Alliance, said. 

The notice did not address RMI’s proposal for expanding the quarry or the Colorado Division of Reclamation, Mining and Safety’s pending updates to the quarry’s reclamation plan. RMI requested in 2018 to mine up to 5 million tons of limestone year-round for 20 years.

RMI did not respond to the Post Independent’s request for comment.