Prospecting or Mining question

[Bodfish Mike]

Question -- is there a point when prospecting becomes mining ?
I know I have the right to prospect on FS or BLM land open to mineral entry that is unclaimed.

I have been working a gulch for awhile now that has gold.
Don't want FS or BLM to stop me , I back fill as I go but it's obvious I have been mining.
yea I could claim it and was thinking of that just to learn the process - but
it's working for me now and no ones found me yet.

 

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[goldenIrishman]

Pretty easy to answer Mike. PROSPCETING is the act of finding a deposit. MINING is the removal of those deposits. As long as it's open to entry and not claimed by someone else there's really not too much that the FS or BLM can or will say as long as you keep the area neat and clean. Don't make it look like the Artillery range at Ft Ord and you're good.

EDIT: An area does NOT have to be open to entry for you to be able to prospect on it. You just can't claim it.

 

[Reed Lukens]

If that's where you're going to continue mining then check the land status and see if it's open. If it is and it is claimable, then protect it by claiming it. But if you think that you will have it worked out in a month or so then work it out and move on.

 

[rockbar]

Good points above.

I don't think it would hurt to erect your monument (with paperwork) and corners. That should give you the 90 days to decide whether you want to file the paperwork for a mining claim. This would give you a better legal standing with the land management agencies (if one showed up) and insure that no one else may put a claim on the deposit.
Perhaps you could work the deposit out in those 90 days and not need to file the claim paperwork?

 

[bobw53]

yea I could claim it and was thinking of that just to learn the process

99% of the process in claiming a chunk of land is things you should be doing before you go dig on any land.

Before you stick a shovel in the ground you should already have already done the research as to the status of
that land...

Beyond all the research, which you should be doing anyways... Filing a claim after that is banging a few stakes
into the ground, writing some stuff on a few sheets of paper and going back to the county clerks office, that
you should already have been at anyways... Giving them a few dollars to file, then taking that paper and
sending it off to the BLM with a larger check.

 

[Bodfish Mike]

99% of the process in claiming a chunk of land is things you should be doing before you go dig on any land.

Before you stick a shovel in the ground you should already have already done the research as to the status of
that land...

Beyond all the research, which you should be doing anyways... Filing a claim after that is banging a few stakes
into the ground, writing some stuff on a few sheets of paper and going back to the county clerks office, that
you should already have been at anyways... Giving them a few dollars to file, then taking that paper and
sending it off to the BLM with a larger check.

Bob I did check before I prospected and it is NOT claimed (thank you landmatters).
Mike

 

[Goldwasher]

If there is good access and color and you come across any other digs that are not yours I would seriously consider filing. If its remote I would sit on it for a while. If it is a spot you know you could run volume and profit, file. Other wise I would just have it in the rolodex...

 

[Bodfish Mike]

If that's where you're going to continue mining then check the land status and see if it's open. If it is and it is claimable, then protect it by claiming it. But if you think that you will have it worked out in a month or so then work it out and move on.

Thanks Reed good advice - I have worked it petty good and about 75% done with gulch that's one reason I have not claimed
it , so it sounds like I can just continue mining. Just want cover myself if BLM shows up as I have been harassed by them before.

 

[Jeff95531]

Ya know Mike, for the past two years I've played by the rules here in Kalif. It's a challenge to say the least but I guess I'm going to go even a little more rogue now. Simply too many restrictions. Well the blinders are off for now and the explorations for me are like it used to be back in the day. (Except for private property and legitimate claims* of course...which is sacred).

I say go forth and prospect and read the red letters below.

*Claims. That's a joke. Take a look in my neighborhood on Land Matters for availability.