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T <br />• • <br />three stockpiles of limestone that had been mined and processed <br />by Pitkin before the Tiger, Lynx, and Lion claims were abandoned. <br />The limestone quarry and the three stockpiles are shown on <br />Attachments 3 through 10. The BLM has concluded that two of the <br />three stockpiles are composed of locatable grade limestone which <br />MCR may sell, but only for qualifying_usea if the Calcite claims <br />are otherwise valid. However, the third, and largest stockpile <br />is the "waste" stockpile to which the appellants refer on page 1 <br />of their Statement of Reasons (SOR). There is, apparently, some <br />demand for the material in this stockpile. The demand is, <br />however, for uses which do not imbue the materials with uncommon <br />characteristics, and the BLM has determined that the materials in <br />this stockpile are otherwise not uncommon. <br />The BLM's February 25, 1994, letter advised MCR that it <br />had established a Community Pit on the lands where the quarry is <br />situated, and that, although the establishment of the quarry did <br />not prevent MCR from locating mining claims on the same lands and <br />extracting therefrom locatable grade limestone, it could not <br />appropriate and sell any of the waste rock, rock not subject to <br />location, on the claims regardless of how it was generated. The <br />BLM warned MCR that any sales by it from this waste stockpile <br />will be considered to be a willful trespass. <br />The BLM does not, at this time, have reason to believe <br />that there are not deposits of an uncommon variety of limestone <br />subject to location under the mining laws within the boundaries <br />of the seven Calcite mining claims. It does have serious doubts <br />2 <br />