Laserfiche WebLink
<br />In the present situation, the acts of the BLM in prohibiting <br />sale of the lawfully mined locatable product, either screened or <br />stockpiled, and thereafter to confiscate it, for disposition to <br />other parties for a non-qualifying use by with removal from the <br />quarry permitted to MCR/Pitkin is patently wrong, violative of the <br />mining laws, and confiscatory. <br />Furthermore, the BLM is required to adhere to permit <br />conditions from the State of Colorado, which were approved by BLM, <br />and which would require any operator or any other person entering <br />upon the premises and removing limestone therefrom to obtain a <br />valid permit from the State, which could not be done in the absence <br />of termination of the existing permit. <br />3.3 The Community Pit. <br />' The Multiple Surface Use Act of 1955 (the "Common Varieties <br />Act") provides in part: <br />"NO deposit of common varieties of sand, stone, gravel, <br />pumice, pumicite, or cinders shall be deemed a valuable <br />mineral deposit within the meaning of the mining laws of the <br />United States so as to give effective validity to 'any mining <br />of claim hereafter located under such laws; provided, however, <br />that nothing herein shall affect the validity of any mining <br />location based upon discovery of some other mineral occurring <br />in or in association with such a deposit. 'Common Varieties' <br />as used in this Act does not include deposits of such <br />43 CFR 3601.1 provides: <br />"mineral materials disposals may not be made under the Act <br />from public lands on which: (c) there are valid <br />unpatented mining claims located on or after July 23, 1955 for <br />valuable minerals that are not 'common variety' occurring in, <br />or associated with 'common variety' minerals." <br />The attempted establishment of the Community Pit was not based <br />upon a "deposit" of mineral materials, but rather upon stockpiles <br />of previously extracted valuable minerals that are not a common <br />variety. <br />Clearly the "Stockpile" is not a "deposit" which would involve <br />extraction or mining from a claim, as contrasted with loading out <br />of stockpiles. <br />In the absence of Common Variety minerals available in the <br />"Community Pit" for mining or extraction additional to the <br />locatable valuable minerals, the attempted establishment of the <br />6 <br />