BLM Notice guidance?

[Rail Dawg]

Ok it’s time to bring in some machinery like a bulldozer and a mini-excavator onto a couple of our claims.

Having read through the BLM Notice requirements was looking here for any additional pearls of wisdom before filing?

We are in northern Nevada and will be working with the BLM Reno office. Been filing mining claim paperwork through them for several years now and haven’t had any problems at all.

We will need to get a reclamation bond. Any suggestions along this route would be appreciated.

Thanks!

 

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[Goldwasher]

Exploration permit?

The guy I went to visit in Nevada in the Spring was operating under one. To dig ditches, scrapes etc. Had signs posted on his claim with the permit number.

Not sure of the details involved to obtain it. Not sure if it is the same/part of a P.O.O or a precursor to. Or because he was disturbing more than 5 acres surface area.

 

[Clay Diggins]

A notice (Notice of Intent) is not a poo (Plan of Operations). A notice may lead to a poo but the notice itself is just that - a notice to the BLM of your intent to bring in equipment, do some digging etc.

A bond is not a permit. The BLM does not issue permits because your right to mine your minerals is not subject to federal permits. Your bond will be returned when you complete your reclamation. For notice level work the BLM will look over your notice and either:

1. Not reply within 15 business days of receiving the notice - you are good to go.
2. Respond they have no problem with your notice because it meets the "casual use" standard - you are good to go.
3. Agree to your notice and give you the bonding requirement. They carry a handheld bond calculator so they can give you the bond amount on the spot. Provide the bond and you are good to go.
4. Respond they need more time.
5. Notify you they want more details or a modification of your notice (learn to dance).
6. Make a decision that your notice requires a poo before you can proceed. In that case you should schedule a meeting to work out the details (learn to waltz) or challenge their decision (more dancing).

Those last three will cost you at least one more 15 day waiting period.

If the BLM does not respond to your notice within 15 business days of their receipt you can begin work. Usually they will respond within the 15 days. They may want to do a site visit or discuss details of access etc. with you, if so the 15 day timer starts all over again. Usually notice work is approved for two years but that's negotiable.

The key to a successful notice is to keep in mind this is all about preventing unnecessary or undue degradation of the surface resources. The BLM does not regulate mining - only surface disturbance. The BLM could care less how much material you are moving or how deep your hole is but they care very much how big your material pile will be, how you are going to process it and where it's situated. A good notice will limit the amount of surface disturbance, provide for reclamation, account for safety of the land and address access, land status and environmental concerns like state required permits, endangered species, ground cover and water quality.

That all sounds rather complicated but if you keep things simple on your end (minerals) the bond will generally be small and easy. For example if you are going to use a backhoe to take samples limit the size of any disturbed area to the depth and width of your most effective sample hole (12'X12'?). Explain how you will close and contour that sample dig before you move on to the next one, that keeps the bond much lower and shows professionalism, your bond only has to cover reclamation of one dig at a time.

Make sure you describe the access routes for the backhoe, fuel storage and spill protection/cleanup, equipment storage and security etc. The BLM tends to be interested in access issues and what vehicles will be on site. Keep your access routes as short and non disturbing as possible.

Avoid using words that don't apply to notice level operations. You aren't "mining"! Exploration or prospecting permits are for lease and sale minerals - not for locatable minerals. Words do matter here and the BLM could wrap you around the axle if you head off down the wrong track. Depends on the field office and the agent but I've seen it get stupid sometimes.

Always consider the lesser alternative in surface resource disturbance, it's just good mining practice. If you are going to do a "push" could you discover the same minerals with a backhoe? (less surface disturbance) If you are considering a backhoe could you discover the same minerals with a churn drill? (again less surface disturbance) Can you move your search grid over 30 foot in one spot to avoid a steep slope, tree or waterway? You don't have to include these considerations in your notice but if you think ahead and adjust your notice accordingly you won't be faced with questions you don't already have an answer for. Generally notice level work gets approved pretty quickly. Preparing a notice that doesn't cover all the bases will just delay your work.

Probably the best way to prepare for your first notice is to find, and study, other successful notices for the same type of work in the same area. These are private and can be hard to find, ask around. You can always talk to the BLM to get a feeling for what they are looking for. I would suggest you talk to other miners about their local BLM experiences before you do that. Here in Arizona we have one BLM minerals agent who has convinced many people he's the miner's best friend before he sinks their operation on technicalities he didn't bother to mention. Just remember you are dealing with humans at the BLM and not all of them are working in your best interest.

I've got quite a few successful notices in my files. Those are private or I would share them. I've thought about making up a sample dummy notice for the public but I hesitate because I'm pretty sure some folks would just change the details and submit that as a notice. A real notice takes into consideration all the local issues so there is no "one size fits all" notice. I would avoid the BLM's "Voluntary"notice form but it is a good starting point to understanding their administrative priorities.

In my experience a successful notice need be no more than two or three pages and a map or two in most areas. Conservation overlays, SRH lands and endangered species can add to that. The area you are in has had many notices processed and sampling does little to affect the surface resources there. Keep it simple, straightforward and cover the main points and you should be good to go.

Heavy Pans

 

[KevinInColorado]

Barry, the essay above is pretty awesome. Thanks for taking the time to write it up. Is this also accessible in the mylandmatters library? (Hint hint!)

 

[Bejay]

Per Barry: "Notify you they want more details or a modification of your notice (learn to dance)." I have often heard that EMSHA is a dance that has to be dealt with....even though no "employees" exist within the operation.

Bejay

 

[Rail Dawg]

Barry just checking in after a few days away.

Holy cow like always you bring a wealth of knowledge to the table. And like always this is much appreciated!

We finally have found the place to dig after many years of prospecting. Heading out in December to nail some things down. Thank goodness for old-timer miners who finally trust you enough to share some secrets.

I really enjoy the legal end of prospecting. Barry bar none is the most knowledgeable man on this subject.

Because of my studies over the years I make it a point to protect the old-timers who could easily lose their claims because of errors in their filings. After many years of correcting mistakes they finally trust me enough to share where the gold is located.

Most of these guys are of limited means. Going for the gold sometimes requires an investment in expensive digging machinery. I also am quite aware most investments go bust.

That is not the case here. I've seen with my own eyes the gold where it sits in the ground. It is obvious that with an excavator and bulldozer there is more gold to be uncovered.

I've never done a Notice and I want to do it right. Posts like Barry's are fantastic and ones I read 5-6 times to fully understand what is being said.

Thanks you guys. We're all kindred spirits in many ways lol.

Chuck