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JUN-13-2000 13 11 DELANEY R DELANES' 970 945 2303 P.05 <br />• • <br />e <br />Steve Bennett <br />June 13, 2000 <br />Page 4 <br />assets, so as to provide funding for the full 53 million. <br />Since the purpose of the designation was to safeguard <br />locatable minerals as a supply for *_he rock dust plant, and the <br />fines materials had been left at the site because of improper <br />sizing for use in the rock dust plant, it would seem that the <br />community pit designation did not apply to these fines materials <br />where the purpose for which the community pit has become <br />moot, <_o too has *_he community pit designation. As described in <br />your letter, BLM contemplates supplyi:,g road base through the <br />community pit, a purpose unrelated to the stated reasorr for the <br />designation. <br />The letter of May 17, 2000 indicates that BLM is considering <br />use of the `lower grade fines pile" fcr a common variety purpose, <br />namely ongoing maintenance of the Transfer Trail road. At the <br />time of the community pit designation., BLM had taken the <br />position, asserted to the IBLA, that the third pile consisted of <br />non-locatable minerals, whereas the pit was established to <br />safeguard locatable minerals. Thus, it would seem to have been <br />excluded from the community pit designation. <br />Moreover, using marketable locatable grade minerals for a <br />common variety purpose appears to be squandering of valuable <br />resources. <br />v <br />` RECI.Ht9-TION <br />Pitkin Iron agrees that the reclamation plan approved by the <br />Mined Land Reclamation Board, under permit M-82-i21, governs <br />reclamation of the quarry. This is substantiated by BLM's letter <br />Of July 21, 19b9, signed by Bob Elderk_n on behalf of District <br />Manager James R. Owings, which provides, 9[6, that "Authorization <br />is subject to all other aspects of operations and reclamation as <br />stated in the submitted clan and plan amendment." <br />The letter of May 17, 2000 states that "uncompleted <br />reclamation. responsibilities confL•ct •:rith our now established <br />community pits, as well as other possible multiple uses." <br />Reclamation, says the letter, should be started this year. <br />We are uncertain as to what, specifically, BLM has in mind <br />for the community pit, and tow or whether this fits with the <br />reclamation required by Dh1G. Does SLM intend to excavate <br />material? tf so, where, when, fort.ow long, and how much? Is <br /> <br />