Reclamation bond

[The1rod]

So I wanted to start a discussion about reclamation bonds, their factors and costs. So I'm gonna lay out a scenario and any feedback about other factors that may affect the bond amount, and any estimation of what it could cost would be very helpful.
So here's the scenario
A person wants to start a small/ mid scale placer operation, the claim is mostly flat with a creek running through one side. The mining plan is to strip the top soil and vegetation and run everything else down too bedrock at 12' . They will be using a small excavator to dig, and feed a trommel. Water will be pumped straight from the creek, the used water will flow into a settling pond and settle through the dirt back into the ground water. Tailings will be used to back fill as more ground is opened. Let's say at Max 20,000 yard of material will be moved in a year, equating to around an acre of surface area. And the vegetative coverage is mostly grasses and sage with a few small trees and no pocket gophers or anything else crazy and protected.
So what else is considered in a reclamation bond, and does anyone have an estimate?

 

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[Clay Diggins]

That's not true.

https://asmi.az.gov/sites/default/files/documents/files/arizona_mining_permitting_guide_2011.pdf

Page 29.

CONDITIONS REQUIRING PERMITS, AUTHORIZATIONS OR FILINGS:
Activities that ordinarily result in no or negligible disturbance of the public lands or resources
are termed “casual use.” In general, the operator may engage in casual use activities without
consulting, notifying or seeking approval from the BLM.

For exploration activity greater than casual use and which causes surface disturbance of five
(5) acres or less of public lands; the operator must file a complete Notice with the responsible
BLM Field Office. Notice is for exploration only and only 1000 tons may be removed for
testing.

--------------------------------------------------

Reading really is fundamental. There is a big difference between processing ore on site and removing ore for testing.

Notice of intent limits you on BLM land to only 1000 tons per year I believe, but it may be per permit period which is two years.

Also, casual use does have limitations when it comes to mechanized equipment, 12 hp being the limit at which an NOI is required.

Casual use defined:

Casual use means activities ordinarily resulting in no or negligible disturbance of the public lands or resources. For example -
(1) Casual use generally includes the collection of geochemical, rock, soil, or mineral specimens using hand tools; hand panning; or non-motorized sluicing. It may include use of small portable suction dredges. It also generally includes use of metal detectors, gold spears and other battery-operated devices for sensing the presence of minerals, and hand and battery-operated drywashers. Operators may use motorized vehicles for casual use activities provided the use is consistent with the regulations governing such use (part 8340 of this title), off-road vehicle use designations contained in BLM land-use plans, and the terms of temporary closures ordered by BLM.

(2) Casual use does not include use of mechanized earth-moving equipment, truck-mounted drilling equipment, motorized vehicles in areas when designated as closed to “off-road vehicles” as defined in § 8340.0-5 of this title, chemicals, or explosives. It also does not include “occupancy” as defined in § 3715.0-5 of this title or operations in areas where the cumulative effects of the activities result in more than negligible disturbance.


In a nutshell, if you start cutting perennial vegetation you had better get an NOI. If you intend to do anything cumulative greater than five acres, get an NOI. If you're cutting a road, NOI. If any piece of machinery you're using has an engine with greater horsepower than 12, get an NOI. Any pumping of groundwater whether it be for processing or dewatering, you definitely need an NOI and then some.

Nowhere in what you quoted is there a standard for an NOI. There are some indications of what casual use is or is not. No indication of what triggers an NOI. That's because the NOI is a voluntary submission by a miner. There is no specific trigger for an NOI except the possibility of undue or unnecessary degradation of the land or it's resources. You won't find it in the regulations or the law. That's because a small dig in one place could create a lot of undue or unnecessary degradation and in another it wouldn't have any effect whatsoever. A knowledgeable miner will know the difference before proceeding.

There is nothing in the regulations about cutting vegetation for responsible mining, but there is a law allowing mining claim owners to use timber found on their claim for mining uses.
There is nothing in the regulations about 12 hp or pumping water but there is a legal requirement to perfect your mining claim by proving your deposit.
In every case the law will trump the regulations. Regulations have to obey the law, not the other way around.
An NOI is a notice that you want to inform the land management agency of your intent.
The NOI is self initiated by the miner - not the government. The concept of an NOI is a regulatory creation for surface management - not a law.

There is no requirement that the BLM or Forest Service change or object to your notice or request a bond. Often you will be informed that your plan doesn't even meet the Notice level even though motors and water are involved.

There are a lot of NOI on both Forest and BLM managed lands that never require a bond - the subject of this thread. The Forest Service does not require a bond even if they pursue terms for the NOI.

Responsible mining is a function of responsible miners - not the BLM or Forest Service. Those agencies job is surface resource management. If you interfere in their job and create an undue or unnecessary degradation of the land or the surface resources you just stepped into the land management agency's house. That would be a bad plan of action and those agencies have a duty to stop you.

Land Matters is working on a system where you can view current and proposed plans and notices from a map. When that feature is available come back and tell me about how NOIs are limited to 1,000 tons of material or two years. Those are myths and rumors you've heard. When you start reviewing real Notice level work you will see it's much simpler and more about individual agreements and individual situations.

Heavy Pans

 

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[Bnugget]

You can get as close as you want. We are in Plumas County, California. We dug 25 ft deep trenches 30 ft from a creek. You just need to have a settling area in place for tailings & runoff. We pumped water directly out of the creek for the trommel.

I am in Plumas County as well and would be very interested in learning more about the process. Everyone I’ve ever spoke to about bringing in equipment has said forget it they will never allow it in CA.

 

[ghostminer]

There is a process in place. If you follow it you will have no problems. The stuff Diggins is posting might be right but they will get you in trouble fast in Plumas County. If you have the resources to fight the Federal Government in court then have at it. Otherwise work within the system. Your choice. The FS can't arrest you but they can sue you in civil court & they will also take steps to make things difficult for you. Anyway, here is the process.

(1) Submit a Notice Of Intent to the district ranger in charge of your mining ground. Within 15 days of receipt the district ranger will let you know if a Plan Of Operation with detailed environmental analysis is required. If you are proposing any excavation with mechanized equipment they are going to want a POO. Trust me on that.

(2) Fill out & submit your Plan Of Operation (POO). On this thread post # 26 I provided a link the the template. Easiest to use separate papers using the form as a guide as there isn't sufficient room when you print the form. You will also have to attach maps, etc. When the FS receives the POO they will start the process as their resources become available. We have done 4 of them so far & you are most likely looking at 6 to 10 months depending on your project. They will want to meet with you on the proposed site. You will need to mark out the area with flags for them. It will have to be less than one acre of ground for each POO. They will then send in environmental people to check for any protected plant & wildlife. If there are any it won't stop you from mining but you may need to take steps to protect them. We had no issues. They will also send in a hydrologist to check your area. You are going to be available on the site to meet with them each time. We had one trip for each person & they don't all come together. We also had to have the state archaeologist look at our areas as it was deemed a significant area. We have hand stacked historic tailing rock which they told us can't be disturbed. I'm not sure what would happen if we did. The virgin ground they could not care less about. We also had the Regional Water Quality Control Board look at the various sites. No discharge permit was required as we were not sending tailing/slurry directly back into the stream. If near a stream you will need a settling area or pond for your discharge. We pumped directly out of the stream for water to the trommel.
In 3 of the POO'S that are up on a mountain & a distance from the stream we would have to pump long distance & uphill. However, we had an abandoned mine shaft 155 ft deep & flooded out forming a pond. The FS wasn't sure if we could use it without testing the water but the Water Board had no issues with it as the discharge would be in a settling pond & no runoff anywhere near a stream. You will get a letter from the Regional Water Board when approved or if there is an issue. You will also be notified by the FS when approved.

(3) You will need to post a reclamation bond which covers the FS if you don't reclaim your ground. It is always $3000 for us. If you are running multiple plans as we are doing you reclaim the first project, the FS will have a look, & if satisfied sign off & you transfer the bond to the next project. When you complete your projects & reclamation your bond will be refunded.

Hope this helps. The entire process is straightforward & not too difficult. You can do it yourself. There is no charge for any of this. However, if you hire some of the various companies or geologists to do this they are going to charge you anywhere from $5000 to $10,000. Not necessary. You will not be able to disturb more than 1000 cubic yards of ground per POO. Also, you can submit a POO on any open ground. One of the reasons to do a POO is to test your ground for mining or claim staking. Once you decide to go over 1000 yds in the area of a POO you will then get into county permitting. In Plumas it will cost you about $2800 for the application fee & then a much higher level of environmental study.

 

[IMAUDIGGER]

In your trommel video, did the math work out for 50 yards an hour at the end of the day? I suspect probably not.

 

[ghostminer]

Closer to 40.

 

[Assembler]

Good information for reading and thanks everyone for posting.

 

[Bnugget]

Thanks Ghostminer that was extremely helpful information and give me hope that it is possible.

 

[ghostminer]

You are most welcome & good luck. If I can do it so can you! If you need help feel free to PM me.

 

[Bnugget]

You are most welcome & good luck. If I can do it so can you! If you need help feel free to PM me.

Appreciate it, thanks

 

[SaltwaterServr]

--------------------------------------------------

Reading really is fundamental. There is a big difference between processing ore on site and removing ore for testing.




Nowhere in what you quoted is there a standard for an NOI. There are some indications of what casual use is or is not. No indication of what triggers an NOI. That's because the NOI is a voluntary submission by a miner. There is no specific trigger for an NOI except the possibility of undue or unnecessary degradation of the land or it's resources. You won't find it in the regulations or the law. That's because a small dig in one place could create a lot of undue or unnecessary degradation and in another it wouldn't have any effect whatsoever. A knowledgeable miner will know the difference before proceeding.

There is nothing in the regulations about cutting vegetation for responsible mining, but there is a law allowing mining claim owners to use timber found on their claim for mining uses.
There is nothing in the regulations about 12 hp or pumping water but there is a legal requirement to perfect your mining claim by proving your deposit.
In every case the law will trump the regulations. Regulations have to obey the law, not the other way around.
An NOI is a notice that you want to inform the land management agency of your intent.
The NOI is self initiated by the miner - not the government. The concept of an NOI is a regulatory creation for surface management - not a law.

There is no requirement that the BLM or Forest Service change or object to your notice or request a bond. Often you will be informed that your plan doesn't even meet the Notice level even though motors and water are involved.

There are a lot of NOI on both Forest and BLM managed lands that never require a bond - the subject of this thread. The Forest Service does not require a bond even if they pursue terms for the NOI.

Responsible mining is a function of responsible miners - not the BLM or Forest Service. Those agencies job is surface resource management. If you interfere in their job and create an undue or unnecessary degradation of the land or the surface resources you just stepped into the land management agency's house. That would be a bad plan of action and those agencies have a duty to stop you.

Land Matters is working on a system where you can view current and proposed plans and notices from a map. When that feature is available come back and tell me about how NOIs are limited to 1,000 tons of material or two years. Those are myths and rumors you've heard. When you start reviewing real Notice level work you will see it's much simpler and more about individual agreements and individual situations.

Heavy Pans

My response was not exhaustive by any means which is why I didn't include links to the horsepower issue, or water discharge.

All I can say is from our research, I would not follow your advice in this matter and would urge others to do their own in-depth research on the requirements for mining.

 

[KRIKITTS]

There is a process in place. If you follow it you will have no problems. The stuff Diggins is posting might be right but they will get you in trouble fast in Plumas County. If you have the resources to fight the Federal Government in court then have at it. Otherwise work within the system. Your choice. The FS can't arrest you but they can sue you in civil court & they will also take steps to make things difficult for you. Anyway, here is the process.

(1) Submit a Notice Of Intent to the district ranger in charge of your mining ground. Within 15 days of receipt the district ranger will let you know if a Plan Of Operation with detailed environmental analysis is required. If you are proposing any excavation with mechanized equipment they are going to want a POO. Trust me on that.

(2) Fill out & submit your Plan Of Operation (POO). On this thread post # 26 I provided a link the the template. Easiest to use separate papers using the form as a guide as there isn't sufficient room when you print the form. You will also have to attach maps, etc. When the FS receives the POO they will start the process as their resources become available. We have done 4 of them so far & you are most likely looking at 6 to 10 months depending on your project. They will want to meet with you on the proposed site. You will need to mark out the area with flags for them. It will have to be less than one acre of ground for each POO. They will then send in environmental people to check for any protected plant & wildlife. If there are any it won't stop you from mining but you may need to take steps to protect them. We had no issues. They will also send in a hydrologist to check your area. You are going to be available on the site to meet with them each time. We had one trip for each person & they don't all come together. We also had to have the state archaeologist look at our areas as it was deemed a significant area. We have hand stacked historic tailing rock which they told us can't be disturbed. I'm not sure what would happen if we did. The virgin ground they could not care less about. We also had the Regional Water Quality Control Board look at the various sites. No discharge permit was required as we were not sending tailing/slurry directly back into the stream. If near a stream you will need a settling area or pond for your discharge. We pumped directly out of the stream for water to the trommel.
In 3 of the POO'S that are up on a mountain & a distance from the stream we would have to pump long distance & uphill. However, we had an abandoned mine shaft 155 ft deep & flooded out forming a pond. The FS wasn't sure if we could use it without testing the water but the Water Board had no issues with it as the discharge would be in a settling pond & no runoff anywhere near a stream. You will get a letter from the Regional Water Board when approved or if there is an issue. You will also be notified by the FS when approved.

(3) You will need to post a reclamation bond which covers the FS if you don't reclaim your ground. It is always $3000 for us. If you are running multiple plans as we are doing you reclaim the first project, the FS will have a look, & if satisfied sign off & you transfer the bond to the next project. When you complete your projects & reclamation your bond will be refunded.

Hope this helps. The entire process is straightforward & not too difficult. You can do it yourself. There is no charge for any of this. However, if you hire some of the various companies or geologists to do this they are going to charge you anywhere from $5000 to $10,000. Not necessary. You will not be able to disturb more than 1000 cubic yards of ground per POO. Also, you can submit a POO on any open ground. One of the reasons to do a POO is to test your ground for mining or claim staking. Once you decide to go over 1000 yds in the area of a POO you will then get into county permitting. In Plumas it will cost you about $2800 for the application fee & then a much higher level of environmental study. View attachment 1548649

I bet bnugget could tell you something about fightin' the federal government...

 

[Assembler]

My response was not exhaustive by any means which is why I didn't include links to the horsepower issue, or water discharge.

All I can say is from our research, I would not follow your advice in this matter and would urge others to do their own in-depth research on the requirements for mining.

Good points and thanks for posting.
There should be less "Surface management issues" where there is less tree growth and less rain fall in general as a rule. There can still be a water run off issues no matter what on any "Surface disturbance". Any talk about 'Tailing material issues' and maybe acid run off issues? This one is a little lost on the HP issues.
Thanks

Surface management regulations for locatable mineral operations (43 CFR 3809)

https://archive.org/details/surfacemanagemen01

 

[ghostminer]

I 100% agree.

 

[ghostminer]

Why is that??

 

[Assembler]

BLM surface management program for locatable mineral operations on BLM-administered lands. The purpose of the Proposed Action is to adopt regulations that would address issues that have developed since BLM’s surface management program for locatable mineral operations began in 1981 and to improve BLM’s management of locatable mineral activities on the public lands.
Notice-Level operations use mechanized earth-moving equipment and disturb 5 acres or less.
A Plan of Operations is required when mining or exploration would disturb more than 5 acres or for any surface disturbance in BLM’s special status areas. Since approval of a Plan of Operations is a federal action, an environmental assessment (EA) or environmental impact statement (EIS) must be prepared.

Spells it out fairly clear. Appears that the "Locatable mineral operations" can only be in acres units. Very interesting don't you think so?

These OSHA regulations provide for how material handling equipment is to be used on the jobsite. A summary of the regulations follow:
https://zacherlaw.wordpress.com/osha-regulations-motor-vehicles-mechanized-equipment/
These rules apply to the following types of earthmoving equipment: scrapers, loaders, crawler or wheel tractors, bulldozers, off-highway trucks, graders, agricultural and industrial tractors, and similar equipment.
Seat Belts. Seat belts must be provided on all equipment covered by the above paragraph and are required to meet the requirements of the Society of Automotive Engineers. They need not be provided for equipment that is designed only for standup operation, nor for equipment which does not have roll-over protective structure (ROPS) or adequate canopy protection.
Access Roadways and Grades. For permissible use, access roadways or grades must be constructed and maintained to accommodate safely the movement of the equipment and vehicles involved. Every emergency access ramp and berm used by an employer must be constructed to restrain and control runaway vehicles.
Brakes. All earthmoving equipment must have a service braking system capable of stopping and holding the equipment fully loaded, as specified by the Society of Automotive Engineers. Brake systems for self-propelled rubber-tired off-highway equipment manufactured after January 1, 1972 is required to meet the applicable minimum performance criteria set forth in the Society of Automotive Engineers Recommended Practices.
Fenders. Pneumatic-tired, earth-moving haulage equipment (trucks, scrapers, tractors, and trailing units) whose maximum speed exceeds 15 miles per hour, must be equipped with fenders on all wheels to meet the requirements of Society of Automotive Engineers. (An employer may, of course, at any time seek to show that the uncovered wheels present no hazard to personnel from flying materials).
Audible Alarms. All bidirectional machines, such as rollers, compacters, front-end loaders, bulldozers, and similar equipment, require a horn that is maintained in an operative condition, is distinguishable from the surrounding noise level, and can be operated as needed when the machine is moving in either direction. Earthmoving or compacting equipment with an obstructed rear view cannot be used in reverse gear unless the equipment has in operation a reverse signal alarm distinguishable from the surrounding noise level or an employee signals that it is safe to do so.
Scissor Points. Scissor points on all front-end loaders constitute a hazard to the operator during normal operation and shall be guarded.
Lifting and Hauling Equipment.
• Lift trucks, stackers, etc., shall have the rated capacity clearly posted on the vehicle so as to be clearly visible to the operator. These ratings shall not be exceeded.
• No modifications or additions which affect the capacity or safe operation of the equipment shall be made without the manufacturer’s written approval. If such modifications or changes are made, the capacity, operation, and maintenance instruction plates, tags, or decals shall be changed accordingly. In no case shall the original safety factor of the equipment be reduced.
• If a load is lifted by two or more trucks working in unison, the proportion of the total load carried by any one truck shall not exceed its capacity.
• Steering or spinner knobs shall not be attached to the steering wheel unless the steering mechanism is of a type that prevents road reactions from causing the steering handwheel to spin. The steering knob shall be mounted within the periphery of the wheel.
• All high lift rider industrial trucks shall be equipped with overhead guards which meet the configuration and structural requirements as defined in paragraph 421 of American National Standards Institute B56.1-1969, Safety Standards for Powered Industrial Trucks.
• All industrial trucks in use shall meet the applicable requirements of design, construction, stability, inspection, testing, maintenance, and operation, as defined in American National Standards Institute B56.1-1969, Safety Standards for Powered Industrial Trucks.
• Unauthorized personnel shall not be permitted to ride on powered industrial trucks. A safe place to ride shall be provided where riding of trucks is authorized.
• Whenever a truck is equipped with vertical only, or vertical and horizontal controls elevatable with the lifting carriage or forks for lifting personnel, the following additional precautions shall be taken for the protection of personnel being elevated:
Use of a safety platform firmly secured to the lifting carriage and/or forks.
Means shall be provided whereby personnel on the platform can shut off power to the truck.
Such protection from falling objects as indicated necessary by the operating conditions shall be provided.
Site Clearing[4]
These OSHA regulations show how site clearing is to be done at the jobsite. A summary of the regulations follow:
• Employees engaged in site clearing must be protected from hazards and toxic plants and suitably instructed in the available first aid treatment.
• Equipment used in site clearing must have rollover guards; and rider-operator equipment must have overhead and rear canopy guards that meet the following requirements: First, the overhead covering must not be less than 1/8-inch plate or ¼-inch woven wire mesh with openings no greater than 1-inch. Second, the rear canopy opening must be covered with a minimum ¼-inch woven wire mesh with openings no greater than 1 inch.

 

[Goldwasher]

El Dorado county doesn't require a special use permit until you go above exploration.

1000 cubic yards or one acre. They don't specify within what size area or if it is per claim.

 

[Assembler]

El Dorado county doesn't require a special use permit until you go above exploration.

1000 cubic yards or one acre. They don't specify within what size area or if it is per claim.

There are a lot of counties that fall over the one acre threshold. Good to know. Thanks

 

[Assembler]

Question how can a "Mineral deposit" configuration "Conform to the Public Rectangular Survey System" of "One acre unit"?.........LOL

 

[ghostminer]

That can only happen in the eyes of the bureaucrats.

 

[Assembler]

That can only happen in the eyes of the bureaucrats.

Pay the fees.