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<br />In January, 1994 MCR posted Discovery Notices, did surveying, <br />recorded Placer Location Certificates, filed the same for record <br />with the BLM, paid the required fees and rental, the claims being <br />identified under these new Location Notices as Calcite No. 1-6 <br />inclusive. <br />Pitkin Iron has a quantity of quarried stone on the property, <br />together with substantial piles of fines that were screened from <br />product sold to the power .plant and used for rock dust and other <br />uses. <br />MCR/Pitkin hold mining permits from the MLRD and have Bond <br />posted for reclamation in accordance with State requirements. <br />Under date of October 21, 1993, the BLM, Glenwood Springs, <br />Colorado, office initiated proceeding to have the quarry declared <br />a "Community Pit". Copy of Memorandum concerning this action, as <br />provided by the Glenwood Springs BLM office is attached as Exhibit <br />E. <br />2.0 Hasis for Appeal. <br />2.1 The BLM was wrong in their Decision of February 25, 1994 <br />in declaring that title to the quarried limestone was lost to the <br />U. S. Government; that "none of the existing waste materials <br />present within the quarry, regardless of how it was generated, can <br />be sold from the site by the new claimants, their lessees, or <br />operators. Any one removing limestone waste rock from the quarry <br />will be held accountable for willful trespass o£ mineral material." <br />The material in question was lawfully mined and stockpiled as <br />a necessary adjunct to the mining process for extraction of <br />locatable minerals. Upon such extraction and stockpiling, title <br />vested in the owner/operator, whether the material was stockpiled <br />on the claims or removed to a point off the claims. The attempted <br />confiscation of the material by the United States constitutes an <br />unlawful taking without compensation and is attempted to be done <br />without due process. <br />2.2 The establishment of a "Community Pit" on lands on which <br />MCR/Pitkin holds a mine operating permit, and is responsible for <br />maintenance and reclamation is unlawful. <br />3.0 Argument. <br />3.1 Rationalization of the BLM for confiscating the <br />limestone. <br />Attention is called to the following BLM statements: <br />From Exhibit C, Page 1 letter dated June 3, 1987: <br />2 <br />