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JUN-13-2000 13 16 Steve Bennett June 13, 2D00 Page 3 DELRNEY 8 DELRNEY • • 970 945 2303 P.04 property of Pitkin Iron. BLM disputes this contention. IBLA made no decision as to this disputed point, instead offering what seems to be a middle ground, namely that Pitkin can dispose of all stockpiles for qualified use sales. Pitkin Iron, on review of the IBLA decision, has undertaken to sell material from the three stockpiles for qualifying uses, these being described by IBLA as "a showing that the stone in fact can be sold for a use ° that gives the limestone special value." The letter of May 17, 2000 quotes the IBLA decision as standing for the proposition that BLM may preclude any mining operations within the Community Pit boundaries for so long as the Community Pit designation remains in place. This restriction applies only to the mining of new material, not the removal of the stockpiles. Indeed, the IBLA stated "We hold that appellants may dispose of mineral material from any or all the stockpiles, provided they can show to BLM's satisfaction *_hat they can market it for qualifying end uses." 148 IBLA at 378. Moreover, it appears that the Community Pit designation has terminated by its own terms. The IBLA decision states that BLM's purpose for establishing the community pit was "to secure a supply source for the rock dust" in that "its marketability would justify its classification as locatable under 30 U.S.C. §611 (1994), the limestone would be subject to disposition under the mining laws." 198 IBLA 374. IBLA's decision quotes at length from. a memorandum of the District Manager to the State Director, ° which said tha*_ the action was prompted by concern wi*_h the State's pending disposal of the rock dust plant (posted as bond to secure reclamation of another mining site). "For the State to recover even a fraction of the stated bond value for this property (S3 million) it is essential *_hat the plant be marketed for its highest and best use - this being as a rock dust plant in its current location. For that to be the case the buyer will need a secure source of suitable quality limestone in the immediate vicinity of the plant. The only such source is the Glenwood Springs limestone quarry formerly cperated by Mid-Continent." During the time the appeal was pending, the rock dust plant was sold and dismantled. Through the approved bankruptcy plan, the Division of Minerals and Geology was given a preferred position as to the funding of reclamation from sale of other 4 .~