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• • iii iiiiiiiiiiiiiiii ~ ___ <br />United States Department of the Interior - <br />iN RE('lY REFER TO~ <br />3600 <br />cc-i4ooo <br />BUREAU OF LAi~ID MANAGEMENT <br />Glenwood Springs Resource Area <br />50629 Highway 6 and 24 <br />P.O. Boz f009 <br />Glenwood Springs, Colorado ~ _ ( 3. ( /+t; ~ -c'~. f•~'-~ 2 r ~ - <br />~. ~,,,9~~- vk ~IQ.h~ ~c <br />May 17, 2000 <br />Office of the General Counsel <br />Pitkin Iron Corporation <br />P.O. Box 2115 <br />1001 Grand Avenue, Suite 106 <br />Glenwood Springs, Colorado 81602 <br />Dear Mr. Delaney: <br />•"CEIVEp <br />~N n'( 7 'I ZOM. <br />-•~~~~•...~~.df8[S gt ~7 <br />As previously indicated in our letter dated January 12, 2000, according <br />to the Regional Solicitor, the Interior Board of Land Appeals Decision, <br />IBLA 94-421 established that the Bureau of Land Manageme nt (BLM) has <br />superior right jurisdiction over any material within the Community Pit. <br />The following addresses your specific issues. <br />Ownership/abandonment: <br />As your Calcite mining claims have lapsed in the area, you no longer <br />hold any valid rights to the material in question. Any rights arising <br />from potential subsequently filed claims would now be subordinate to the <br />Community Pit [IBLA 94-421, pg. 379]. The Decision indicates that BLM <br />properly established the community pit on land for which you no longer <br />assert a valid interest. Also, BLM may properly preclude any mining <br />operations within the Community Pit boundaries for so long as the <br />Community Pit designation remains in place [pg. 379]. <br />Locatability: <br />The decision further asserts that e~ren if mining should be allowed in <br />the future, it would clearly have to be for material of high (locatable) <br />quality and for qualifying end uses. The uses you have outlined could <br />be considered as qualifying under proper circumstances. However, as <br />indicated our requirements would be more thorough documentation and <br />convincing proof of a direct tie, such as, contracts, etc., to actual <br />and ongoing qualifying markets along with an extraction plan. <br />Speculation about what markets might be available in the future would <br />not be sufficient. Limestone is not considered to be subject to <br />location in the absence of viable qualifying uses. Additionally, we do <br />not consider the two large `fines' (waste rock) piles to consist of <br />locatable grade material. <br />Bureau Uses: <br />We have not yet formulated final plans for the disposition of the lower <br />grade fines pile, however, some of the material may be utilized toward <br />ongoing maintenance of [he Transfer Trail road. Under [he Community Pit <br />