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IDLA 94-421 contain locatable limestone, BIM relied on U.S. v. Foresvth, 100 IBl~. 185, 247-48, 94 I.D. 453, 487-88 (1987), in which it was held that limestone containing 95 percent or greater total carbonates constitutes an uncanron variety of limestone. BLM's Decision informed MCR that a ccnmuv.ty pit had been established effective October 21, 1993, that it covers a permitted disturbance area on the abandoned claims, J and that the camnuiity pit "constitutes a superior right to reauve material as against any subsequent claim or entry of the land," citing 43 C.F.R. § 3604.1(b). BIM stated that it was not its inten- tion to restrict or forbid the extraction of locatable grade material for qualifying markets, and that it would allow limestone mining to proceed within the pit boundazy, subject to certain restrictions. Specifically, the letter pr~clude3 Appellants fran selling any of the waste matez-;.al on the Calcite claims, including what it describes as limestone waste rock. The Decision advised: The abandorm~ent of the previous mining claims * * * under which operations werE formerly conducted, serves as an abandon- ment of any title or legal interest in the locatable m;nara~ estate. As of September 1, 1993, any right that may have been established by the previous claimant, lessee, or operator to the limestone waste rock was lost to the U.S. Government. Hence, none of the existing waste material present within the quarry, regardless of how it was generated, can be sold fran the site by the new claimants, their lessees, or operators. Anyone rt3roving limestone waste roc frun the quarzy will be held accountable for willful trespass of mine,-al material, The Calcite mining claims located within the ccmn,n;ty pit only establish a right to the royalty-free removal of locatable grade limestone for qualifying locatable-grade end uses. (Decision at 1-2.) Finally, BIM advised Appellants that it will be neces- sary to revise the existing operating plan and mining permit to aclmowledge these restrictions. The abandoned Lion and Lyme claims were located on October 5, 1956, by tree Colorado Fuel and Iron Corporation, later named CF&I Steel Corpora- tion (CF&S), which leased the claims to MCR. Pitkin was the operator of the claims under a "Quarry Operating Agrearent" with MCR. In a Memoran- dum to BLM's Colorado State Director dated October 21, 1993, the Glenwood Springs Resource Area Manager stated that MCR's primary market was its plant in ~~*~~~~e, Colorado, where the limrestone was pulverized for use as rock dust in MCR's coal mines. The material was also sold to the Craig ~ The disturbance area is situate-~3 in sec. 36 of T. 5 S., R. 89 W., Sixth Principal Meridian, and consists of 210 acres caiprising Lots 3 and 4, tree AP/,NE~b, S~/SEl/,, and W~/aSE1j~E1/,. The Calcite Claims and the Stockpile area occupy the wire grrnu~d to the extent of 140 acres in the SE'/, of sec. 36. (Decision at 1.) 148 ISLA 372