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<br />S., R. 89 W., 6th P.M., Garfield County, .Colorado and further <br />holds Special Use Permit under Garfield County Zoning Resolution <br />of 1979 as Amended, and Resolution No. 82-222 of the Board of <br />County Commissioners of Garfield County, which quarry was <br />approved by BLM subject to conditions by letter dated August 18, <br />1982, File Reference 3809 7-162. Thick quarry is inactive having <br />been closed following termination of coal mining by Mid-Continent <br />Resources and shut down of the rock dust grinding plant <br />heretofore operated by Pitkin Iron Corporation. <br />Both quarries are located.on public lands under the <br />jurisdiction of BLM, and quarrying occurred under Placer <br />Locations pursuant to the Mining Laws. A substantial quantity of <br />fines and quarried stone remains in the MCR quarry, the ownership <br />of which is claimed by PICO, and disputed by BLM. An Appeal from <br />Decision of BLM concerning such ownership is pending before <br />United States Department of the Interior, Office of Hearings and <br />Appeals, Interior Board of Land Appeals, No. IBLA 94-421, CMC- <br />38072, et. al. <br />It is the mutual desire of all parties hereto that the <br />quarries be closed, reclaimed and that the usable stockpiled <br />quarried limestone be made available for beneficial use. <br />2.0 This Agreement sets forth a basis for settlement <br />of outstanding issues concerning both quarries, including <br />provision for reclamation of the same when appropriate and <br />mutually acceptable provisions for removal and use of quarried <br />stone remaining in the quarries. <br />2.1 Upon closing as hereinafter provided, and <br />contingent thereon, Marblehead Quarry Permit No. M77-420 will be <br />assigned to Garfield County, MCR and PICO will assign all right, <br />title and interest in the quarried material in said quarry to <br />Garfield County, and 'Garfield County will assume responsibilities <br />imposed by the Permit, and MCR/PICO will be released from any and <br />all further responsibilities therefor; surety for reclamation of <br />the Marblehead Quarry in'the form of a Certificate of Deposit for <br />the sum of Two Thousand Five Hundred Dollars ($2,500.00) will be <br />transferred to BLM to apply against reclamation of the MCR <br />quarry. <br />2.2 Upon closing, BLM will assume jurisdiction and <br />- 2 - <br />