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<br />Steve Bennett <br />Sune 13, 2000 <br />Page 2 <br />RESPONSE TO LETTER OF MAY 17, 2000 <br />In responding to your letter of May 17, 2000, 3600, CO- <br />14000, I would direct your attention to IBLA 99-121. BLM, as <br />indicated in the Answer filed in response to Mid-Continent/Pitkin <br />Iron's appeal, "concluded that two of the three stockpiles are <br />composed of locatable grade limestone which MCR may sell, but <br />only for qualifying uses..." but argued that the demand for <br />material from the third stockpile was "for uses which do not <br />imbue the materials with uncommon characteristics, and BLM has <br />determined that the materials in this stockpile are otherwise not <br />uncommon." !BLM Answer, at page 2). IBLA determined that "the <br />Decision appealed from is affirmed insofar as it authorizes <br />Appellants to dispose of material from two stockpiles and is set <br />aside insofar as it denies Appellants' authorization to dispose <br />of material from the third stockpile." 148 IBLA 379. <br />IBLA found it "unnecessary to decide whether the premise of <br />this authorization is that the stockpiles remained Pitkin's <br />personal property after statutory abandonment" (as contended by <br />' Mid-Continent/Pitkin Iron), on the basis that: <br />"BLM has stated that Appellants are <br />authorized to quarry and remove locatable <br />grade limestone and to market it for <br />qualifying uses, and that this authorization <br />encompasses the locatable grade mineral in <br />two stockpiles. See BLM letter of February <br />25, 1999. On the record before us, we <br />conclude that the authorization must extend <br />to the third stockpile as well... We hold <br />that Appellants may dispose of mineral <br />material from any or all of the stockpiles, <br />provided they can show to BLM's satisfaction <br />that they can market it for qualifying end <br />uses." 198 IBLA 378. <br />For that reason, I believe the statement of the letter of <br />May 17, 2000 that "we do not consider the two large `fines' <br />(waste rock) piles to consist of locatable grade material" <br />is inconsistent with BLM's representations to the IBLA, and with <br />the IBLA decision. <br />Pitkin Iron's position is that all material previously <br />quarried under valid location notices became, and remain, the <br />