Laserfiche WebLink
<br />the operator no longer has an exclusive right towards the <br />extraction and removal of the locatable grade limestone." <br />This is incorrect in view of the relocation of the claims as <br />above stated. <br />Same Exhibit, Page 3 the statement <br />"A community pit could provide the material for a rock dust <br />plant under a sale contract as well as provide for commercial <br />and individual sales, and provide Free Use to Communities." <br />As pointed out below, this is wrong. <br />Exhibit E, Page 3, Third Paragraph <br />"Establishment of a community pit would provide funds for on- <br />going surface protection, interim reclamation measures and <br />final reclamation if funding is lost through bankruptcy. A <br />claim for some reclamation should be made to the bankruptcy <br />court while the pit is designated .". <br />As mentioned above, the quarry is bonded by first deed of <br />trust on property for reclamation; the claims are in possession of <br />MCR/Pitkin Iron under valid permit; the permit has numerous <br />conditions, several of which were imposed by BLM, including <br />reclamation requirements, limitation on season and hours of <br />quarrying, limitation on truck traffic, requirement for dust <br />control by wetting roads, and other conditions and responsibilities <br />imposed upon MCR and Pitkin Iron. <br />3.2 Lack of Precedent. <br />It is not surprising that, as quoted above, no legal precedent <br />can be found to justify the action taken by the BLM. Having <br />qualified the claims by discovery, establishment of locatable grade <br />material, and merchantability, the operator has a fundamental right <br />to the product mined from the claim. Once it is mined the United <br />States does not have ownership nor control of the end uses, and <br />certainly has no right to confiscate it. <br />There is likewise no precedent to allow the BLM to pursue the <br />validated product thus mined to its end use or disposition, whether <br />it be removed from the claim, or stockpiled thereon. Under the BLM <br />theory appealed from, the product could be followed through various <br />processing steps, to places of use and claim made by the U. S. <br />either to confiscate or to obtain value o£ all non-locatable uses <br />made of the product. <br />When the product is legally mined, the BLM loses ownership and <br />control over it. <br />