Help with Notice of Intent California claim
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  1. #1
    us
    Dan

    Dec 2016
    California
    Fisher Gold Bug 2
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    Help with Notice of Intent California claim

    Hi everyone.
    Need some help》

    I have recently purchased a claim in California. 20 acre placer.
    •Went to go visit claim but gate was locked at start of forest.
    •Gate had combination lock.
    •Called to get combination.
    •FS checked claim was valid. (Came back yes).

    FS is requesting NOI before I start prospecting. Trying to fill it out without screwing myself or other miners in future.

    Questions I need advice on are-

    Q1-How many people are in your operation?
    My answer- Well just my family but what if I want to invite friends for a weekend. Do I cap it with a number?

    Q2- Depth of excavation?
    Answer- until I hit China or gold. Whichever comes first.
    Seriously though I don't know what to write here... I have heard rumors that bedrock is 10 ft under surface in this area. Will probably never get there with a shovel. But don't want to write top layer or gravel either.

    Q3-Expected duration of activities?
    Answer- ummm for the rest of my life... Do I write sun up to sun down?
    Or do I write until I sell my claim... lost here...

    Q4-When and how you will be operating?
    This one has me stumped. It's the "when" I have a problem with. I don't want to write once or twice a month, or every other weekend. I don't want to restrict myself from my own claim, but also don't want to be classified as above "casual" miner.

    To be clear-
    I fit everything I have read into the casual miner pigeon hole. Stream sluice, panning, sniping, metal detecting... nothing crazy.

    I want to avoid the words hobbiest or recreational. I believe in miners rights. But on the other hand I just want everything to run smoothly.

    Please feel free to give me your 4 answers so I can make best judgment before I send off paperwork.
    Thanks

  2. #2
    us
    Oct 2016
    Grants Pass, Oregon
    White's TDI SL
    66
    225 times
    All Types Of Treasure Hunting
    You are NOT required to provide a NOI if you BELIEVE you are not going to create a significant surface disturbance.

    There are people on this forum that are AMAZING with the info they can provide.
    Please allow this thread to get rolling before you turn in that paper work.

    Sam
    Last edited by Sam_at_Armadillo; Feb 09, 2017 at 11:46 AM.

  3. #3
    Charter Member
    us
    Nov 2010
    The Great Southwest
    3,747
    10931 times
    Prospecting
    An NOI is never a submission the land manager can require.
    The NOI is a voluntary submission initiated by a claim owner.
    An NOI has nothing to do with your right to access your claim.

    From the Forest Service regulations 36 CFR 228.4

    (1) A notice of intent to operate is not required for:

    (i)Operations which will be limited to the use of vehicles on existing public roads or roads used and maintained for National Forest System purposes;
    Read and understand the laws and regulations. Don't let the agencies pull the wool over your eyes. You have specific rights and responsibilities and so does the Forest Service. Insist they do their job according to their own regulations. What they are telling you is BS.

    Heavy Pans

  4. #4
    us
    Oct 2016
    Grants Pass, Oregon
    White's TDI SL
    66
    225 times
    All Types Of Treasure Hunting

    US Forest Service Mining Regulations

    Click image for larger version. 

Name:	US Forest Service Mining Regulations.pdf 
Views:	205 
Size:	653.5 KB 
ID:	1412480


    I have 2 more pages of information that go with this documents.
    The infor is also says you dont need an NOI to access your claim

    Any help here on how to get all 3 pages of this PDF uploaded with be helpful
    OK i just clicked on the picture, if it opens in a PDF you can see the other pages attached to this doc.


    OR I will be HAPPY to email to ANYONE that needs it.
    I keep it handy with my claim papers when traveling to and from the claim.
    Last edited by Sam_at_Armadillo; Feb 09, 2017 at 12:51 PM. Reason: updating

  5. #5
    us
    Jan 2016
    California
    Whites MXT-300, Tesoro Sand Shark 10.5", Bazooka Sniper, Bazooka Prospector
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    794 times
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    Honorable Mentions (1)
    If you're not bringing in heavy machinery you can't possibly create a significant disturbance with your shovel and bucket.

    And even if Bedrock is 10' down, you can hit that. Will just depend on how often you move dirt.

  6. #6
    Make America Great Again

    Apr 2013
    Oregon
    1,649
    3795 times
    All Types Of Treasure Hunting
    a Notice of Intent to mine sometimes is requested but only in an official written demand
    and only active mining that they may have doubts on the scope of mining.
    they close some roads in the winter or require a notice of contact to show you have a mining claim and need access.
    I have seen some areas they want what they call a "notice of initiation" just means informal contact of when you plan to be in the area.
    a notice of intent is not a question#1 question#2 thing because a NOI is now considered a federal action.
    you should get clarification before sending this in. probably more info than you need,
    miners don't need a special use permit others do. but you have to prove who you say you are to get a key.

    you don't have to file a NOI to own a mining claim or use a pick and shovel.
    could be a mis-communication, gave them TMI or they're over stepping their authority.
    still be nice, talk to the right person, not excavating, not a mining operation yet.
    maybe talk to miners in the same ranger district that will help you.
    Last edited by winners58; Feb 09, 2017 at 04:49 PM.
    Jeff95531 likes this.
    " A pessimist is an optimist with experience "

  7. #7

    Mar 2016
    2,547
    4049 times
    All Types Of Treasure Hunting
    1.) If there is a gate (on public land) that restricts access to your claim, the previous owner may have already filed a NOI and a Plan of Operation, which allowed them to block public access to protect their equipment. I don't think a claim owner is allowed to gate access to a mining claim unless it is covered in their Plan of Operation. Otherwise everybody would be gating access to their claims, which would be a major PIA for the rest of the public.


    2.) It is also possible that the road was closed to the public (including yourself) when you bought the claim. If you want special access to a closed road (that other people do not have), it may require a NOI. I don't think you are guaranteed vehicular access to a mining claim just because there is an existing road. If you had been using said road to access your claim and THEN the USFS tried to gate it, that might be a different situation.

    You may have to petition the USFS to add the road to the travel plan in order to utilize it. This is something I have successfully done at one of my father's claims.


    Somebody please correct me if I'm wrong.
    This Communication HEREBY Serves as OFFICIAL NOTICE That All Messages in This Thread Have Been REVIEWED. FURTHERMORE, All Messages of Positive Nature SHALL IRREVOCABLY Be Considered "LIKED" INSOFAR as Applicable to This Forum. FINALLY, All Discrimination is Strictly PROHIBITED.

  8. #8
    us
    Jan 2016
    California
    Whites MXT-300, Tesoro Sand Shark 10.5", Bazooka Sniper, Bazooka Prospector
    490
    794 times
    All Types Of Treasure Hunting
    Honorable Mentions (1)
    Sounds like you need some of those QuadCoptor ATV's from the other thread to get to your claim!
    Oregon Viking likes this.

  9. #9
    us
    May 2009
    Sailor Flat, Ca.
    SDC2300, Gold Bug 2 Burlap, fish oil, ACME handbook for TRUE prospectors (unread)
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    You basically tell them you don't need an NOI and they need to give you a key or remove the gate. What forest are you in. PM me if you need to I can help you sort it out.

    Do not submit those forms.
    Blm sometimes tries to tell you that you need to talk to their geologist to see if you need an NOI. I said sure I'll get right on that. It's not in the BLM geologists scope to even deal with.

    I think they're bored because the job is so easy now that they just want to see what hoops people will jump through.

  10. #10

    Aug 2015
    Northeastern Sierra's
    682
    1297 times
    All Types Of Treasure Hunting
    My question is "would you buy a house without physically seeing it first?" If the answer is no, then why would anybody buy a mining claim without seeing it, and testing it for minerals first?
    Last edited by mikep691; Feb 11, 2017 at 10:36 PM.

  11. #11
    us
    Mar 2003
    Redding,Calif.
    5,854
    6701 times
    All Types Of Treasure Hunting
    GOOGLE SMARA..surface mning and reclaimation act for the thresholds of paperwork. Lots of luck-John
    russau likes this.

  12. #12
    us
    Jan 2011
    Bakersfield, CA
    76
    129 times
    Prospecting
    Quote Originally Posted by IMAUDIGGER View Post
    You may have to petition the USFS to add the road to the travel plan in order to utilize it. This is something I have successfully done at one of my father's claims.
    Could you elaborate more on what you did? There is a road one local miner was using then the travel management plan was updated (he was unaware) and the road was removed from the plan.
    -Robert

  13. #13
    us
    This isn't a hobby! It's hard work!

    Feb 2013
    Golden Valley Arid-Zona
    Fisher / Gold Bug AND the MK-VII eyeballs
    3,465
    6156 times
    Prospecting/Mining and protecting our rights to do so.
    The Federal Courts have already determined that if you're running a "Hands and pans" type of operation that a NOI is NOT REQUIRED! DO NOT let the forest circus tell you otherwise. If needed I can send you a link to a court case that shows this. There is also another way to get the offending gate removed. Locate the area on a USGS topo map from 1976 or before (available on line for free) and see if the road is shown on it. If it is shown, it is automatically considered a public thoroughfare. By law to close a public thoroughfare a full Environmental Impact Study (EIS) is required. Many times they will only do an environmental impact statement (eis) to save money. By law, this won't fly. Take the map (1976 or before) and a copy of the law to the district office and request to see a copy of the EIS that was done before the closure. If they can't produce a copy (it's considered a public document so they can't refuse your request) then inform them that you request that the gate be removed by a certain date or you will file charges against their office with the courts.

    In my mind, even if the gate was put in place due to protect equipment on a claim in the area, an EIS/eis should have been done.
    russau and Hoser John like this.
    http://www.mylandmatters.org/
    The one stop place for mining matters on public lands!

    "Those that make peaceful revolution impossible will make violent revolution inevitable" John F. Kennedy

    When I joined the Army I took an oath to protect this country from enemies both foreign and domestic. To the best of my knowledge I've never been relieved of that oath and will continue to follow it to the best of my ability.

  14. #14

    Aug 2015
    Northeastern Sierra's
    682
    1297 times
    All Types Of Treasure Hunting
    Some National Forests Like PNF for instance, has seasonal closures. There are some roads that are impassable in winter, so they gate these for safety reasons. They are usually opened late April/ early May (when Mother Nature says). Not knowing where this "purchased" claim is, this could also be the case here.
    russau likes this.

  15. #15
    us
    This isn't a hobby! It's hard work!

    Feb 2013
    Golden Valley Arid-Zona
    Fisher / Gold Bug AND the MK-VII eyeballs
    3,465
    6156 times
    Prospecting/Mining and protecting our rights to do so.
    If I remember right, they can't restrict access to a valid claim even with seasonal closures. By law a claim holder is to be allowed access 24/7/365. If you can possibly drive, hike or access your claim by any means they have to let you. (During a major forest fire MIGHT be an exception)

    Getting back to your questions here I'd put the following if you really feel you have to submit to their B.S. :

    Q1- 13,678,394,109 and 1/2. The half being Uncle Charlie due to his bad back.

    Q2- Only as deep as the gold goes. THIS IS a gold claim after all!

    Q3- Depends on how well mother nature and my boss cooperate. Trying to make sure they get together on scheduling.

    Q4- Sunup to sunset until we get the solar powered flood lights. After that point we will be 24/7/365


    Alternate answer for all questions..... NUNYA!!!
    russau likes this.
    http://www.mylandmatters.org/
    The one stop place for mining matters on public lands!

    "Those that make peaceful revolution impossible will make violent revolution inevitable" John F. Kennedy

    When I joined the Army I took an oath to protect this country from enemies both foreign and domestic. To the best of my knowledge I've never been relieved of that oath and will continue to follow it to the best of my ability.

 

 
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