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ENFORCE34866
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ENFORCE34866
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Last modified
8/24/2016 7:44:38 PM
Creation date
11/21/2007 2:22:56 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M1982121
IBM Index Class Name
Enforcement
Doc Date
7/29/2003
From
Pitkin Iron Corp
To
DMG
Media Type
D
Archive
No
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ISL~A 94-421 <br />mineral[,] but rather a method of maximizing the economic reali- <br />zation fran the total product, with [sic] a locatable ca nP.nt <br />by itself establishes marketability. <br />(Reply at 3 (emphasis added).) <br />The issue of whether a mineral is a ca[nnn or an uncat[irm and hence <br />locatable variety stone depends on whether it can be shown that the partic- <br />ular deposit has "distinct, special econanic value * * * over and above the <br />norsn3l uses of the general rvn of such deposits." 43 C.F.R. § 3711.1(b). <br />Of necessity, it includes a showing that the stone in fact can be sold for <br />a use that gives the limestone special value. <br />In this case, two stocl~iles consist of limestone that assayed at morE <br />than 95 percent total carbrn~ates, while tte assayed ~rz].ue of rho rl,~ ~s <br />slightly less than 95 percent. Under U.S. v. Foresyth, sup limestone <br />that is 95 percent or better total carbonates is an uncamtn variety and <br />therefore subject to location under the general mining laws. In Fore , <br />it was shown that limestone fran the Foresyth claims having a total caiixm- <br />ate content of 95 percent or better could be sold at a premium for manufac- <br />ture and sale as mclc dust. T'estimxiy and other evidence also established <br />that the critical factor for rock dust was the ,-enz,t;rr-srpnt that it must <br />contain no more than 4 percent and/or combined silica. United States v. . <br />Fore s1i ra at 237, 94 I.D. 482; ~ 30 C.F.R. § 75.2 (1997). Our <br />holding that limestone having a total carbonate content of 95 percent or <br />better is locatable does not preclude location of a limestone deposit <br />containing less than 95 percent total carbonate content, so long as the <br />limestone has a property giving it a unique value which is reflected in a <br />higher price than a ccamon variety limestone would camand. McClarty v. <br />Secretary of Interior, 408 F.2d 907, 909 (9th Cir. 1969); United States v. <br />Multiple Use, Inc., 120 IBL~A 63, 83 (1991); United States v. Foresvth, <br />su ra at 245, 94 I.D. at 486; United States v. Pierce, 75 I.D. 255, 260 <br />(1968); United States v. Lease, suPxa at 17, 79 I.D. at 381-82. <br />Moreover, although neither the assay sampling nor the methodology <br />and results have been directly called into question by Appellants, we note <br />that grab sampling is not an acceptable sampling method for quantitative <br />purposes, J and thus we question the significance attributed to the assay <br />~ The BIM Manual Handtirok for Mineral FSraminars, H-3890-1, at Ch. IV-3C <br />prrnrides: <br />"C. Grab Sales. <br />Although grab sampling rosy yield valuable information, it is not <br />systematic or statistically valid. The mineral e~miner should use grab <br />sampling cautiously because unintentional high grading is always possible. <br />Layering or segregation of m;ner.~~ values rosy be present. Grab sampling <br />is not recamiended; it carries little probative value on the witness <br />stand. Grade and tonnage figures are not reliable if calculated from grab <br />samples." <br />See also F. Pitard, Pierre Gy's Sampling Theory and Sampling Practice 2d <br />1993 at 206. <br />148 D3LA 377 <br />
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