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J <br />~' : iii iiiiiiiiiiiii iii • • <br />`~ENI Or IH <br />~,i;.: f <br />aY_ ~ '~ ' " United States Department of the Interior <br />~,r~F° <br />_ "%1- :~ <br />BUREAU OF LAND MANAGEMENT <br />GRAND JUNCTION DISTRICT <br />764 Horizon Drive <br />Grand Junction, Colorado 81506 <br />TA1~~ ~ <br />PAIDEIN~ <br />~ ~ <br />~ ^ <br />IN IIEPLY REFER TO: <br /> <br />JUL : 1987 <br />Robert E. Whitman <br />President <br />Dotsero Block, Inc. <br />P.O. Box 933 <br />3809 <br />(7-120) <br />MII~iC.+ June 30, 1987 <br />RECLAMATIGh ulrt~=~JN <br />Glenwood Springs, Colorado 81602 <br />Dear Mr. Whitman: <br />In a recent letter to the Colorado Mined Land Reclamation Division, dated June <br />17, 1987, this office approved, with stipulations, your plan of operations on <br />the Dotsero cinder quarry. The justification on which the first of four <br />contained stipulations was based contains the statement: <br />"The western and northern boundaries of the permit area abut post-1955 <br />cinder claims, the Brick Nos. 9 and 10, from which removal of common <br />variety cinder materials is strictly forbidden." <br />Although the first stipulation requiring monumentation will still hold, we <br />wish to clarify the above statement as it may be misleading. <br />Dotsero Block, which holds cinder reserves in the form of previously patented <br />mining claims, and both pre-1955 and post-1955 unpatented mining claims, is <br />presently conducting cinder mining operations from the pre-1955 claims from <br />which cinder materials can be removed under the 1872 General Mining Law. <br />Public Law 167 removed, after July 23, 1955, deposits of "common variety" <br />cinders from valid location under the 1872 Mining Law. The Interior Board of <br />Land Appeals, in United States v. Urban Harenburg, et al, 9 IBI.A 77 (1973) has <br />ruled that: <br />"A deposit of volcanic cinders which are suitable for use in the <br />manufacture of cement blocks must be regarded as a common variety mineral <br />material within the context of the Act of July 23, 1955,...." <br />Three of the ten unpatented association placer claims Dotsero controls, the <br />Brick Nos. 8, 9 and 10, being located on 4/09/56, after the 1955 Act, are <br />invalid if based on deposits of common variety cinders. We believe this to be <br />the case, hence the statement "...from which removal of common variety cinder <br />materials ie strictly forbidden.", to which should be added, "under the 1872 <br />General Mining Law." <br />