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<br />"Pitkin-iron Corporation, has begun selling a fraction of the <br />fine waste limestone from their Glenwood Springs operation to <br />the Garfield County Road Department. Although this office <br />extended verbal approval to continue this practice, in it's <br />present form ." (Emphasis supplied) <br />Second paragraph last sentence: <br />"Both of these markets are considered to fall within the <br />regulatory guidelines for a qualifying in-use sales for <br />locatable grade limestone as described in 43 CFR 3711.1(b)." <br />Last paragraph: <br />"With regard to the Legality of such non-qualifying end-use <br />sales under the mining laws, a review of the applicable case <br />law reveals that no direct legal precedent exists on the <br />question of whether or not locatable grade limestone from a <br />valid claim can be disposed of for common variety purposes. <br />This situation has, however, been examined by the Department <br />of Interior, Regional Solicitors Office and they have advised <br />us to allow 'pit run waste material from locatable limestone <br />further clarity this, two points must be made emphasized. <br />First, the validity of the claim(s) must be maintained solely <br />on the mining and marketing of locatable-grade limestone for <br />an acknowledged locatable end-use. Second, the material sold <br />or otherwise disposed of for the non-qualifying (common <br />variety) end use must be waste material and it can only be <br />generated through the processing of the locatable limestone <br />for the qualifying sales. Separate mining and processing of <br />locatable limestone solely to generate material for non- <br />qualifying end-use sales is forbidden". <br />Page 2, Third Paragraph: <br />"Strict tonnage and value limits exist on the non-qualifying <br />sales made from an otherwise valid limestone operation. The <br />company's willingness to purchase the limestone to be sold for <br />non-qualifying end-uses, under the 43 CFR 3600 regulations <br />will not alleviate this limitation since such disposals simply <br />aren't allowed where there are unpatented mining claims that <br />have not been canceled by appropriate legal proceedings. Mid- <br />Continent would have to relinquish these claims or portions of <br />claims where the non-qualifying limestone would be mined to <br />allow BLM to set up a sale area and issue Mid-Continent a sale <br />contract." <br />From Exhibit B, Page 1, Third Paragraph: <br />"The primary purpose of this office in establishing a <br />