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PERMFILE49486
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PERMFILE49486
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Last modified
8/24/2016 10:51:24 PM
Creation date
11/20/2007 2:03:49 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2002003
IBM Index Class Name
Permit File
Doc Date
1/28/2002
Doc Name
TOPAZ MT GEM MINE FN M-2002-003 RECEIPT 110 2 HARD ROCK/METAL MINING RECLAMATION PERMIT APPLICATION
From
DMG
To
WALT RUBECK
Media Type
D
Archive
No
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laws allow States to establish their own laws <br />regarding the manner in which mining claims and <br />sites are located. Most States have statutes and <br />regulations adding to the Mining Law of 1872, as <br />amended, concerning the actual staking and <br />recording of mining claims. Staking require- <br />ments include the placement, size, and acceptable <br />materials for a comer post or a discovery monu- <br />ment. Check with the proper State agency(s) <br />before locating claims. State agencies may <br />include the State geological survey, the State <br />mineral resource department, or the State lands <br />commission. <br />Generally, staking a mining claim includes (1) <br />erecting comer posts or monuments and (2) <br />posting a notice of location on a post or monu- <br />ment in a wnspicuous place (see Figures 1 and <br />2). The conspicuous place on the claim is usually <br />the point of discovery. Several States also <br />require side-line or end-line posts or monuments <br />for claims. Claims and sites described by legal <br />subdivision in some States do not require the <br />erection of comer monuments (see Figure 2). <br />However, all claims and sites must have a <br />location (sites) or discovery (claims) monument. <br />Be sure to check what the law requires in the <br />State where the claims and sites are to be located. <br />For a specific tract of land, check the official land <br />rewrds at the BLM State or District Office <br />responsible for administering the land area. <br />Rather than looking randomly though the <br />records for lands open to location, it is better to <br />restrict your seazch to a general area of interest. <br />Topographic map(s) of the area (published by the <br />U.S. Geological Survey) provide the legal <br />description (meridian, township, range, section, <br />lo[) of such lands. Visit the local BLM office or <br />the BLM State Office and check maps, the BLM <br />Master Title Plats, mining claim records, and <br />files. Ultimately, it is up to the locator to deter- <br />mine if there are prior existing claims on the <br />ground. <br />14 <br />Claimant's Rights <br />If a claim or site meets all the Federal and State <br />requirements, the claimant has a possessory right <br />to develop and extract the minerals. However, <br />the claim or site cannot be used for other pur- <br />poses. The claimant has the right to use so much <br />`of the surface of the claim or site as is reasonably <br />necessary for mining and milling purposes, <br />including (1) access across federally managed <br />surface to and from the claim, (2) use of as much <br />of the Umber on the claim as isitecessary for the <br />mining operation, and (3) construction of fences <br />and gates to protect the immediate area of <br />operations and equipment. Also allowed are <br />temporary and permanent structures for storing <br />equipment, housing for full-time employees, and <br />testing and processing facilities. See the ap- <br />proval requirements for structures and occupancy <br />in the Surface Management section of this <br />pamphlet. <br />Mining claims and sites are considered real <br />property. The interests in them and associated <br />rights may be bought, sold, transferred, leased, <br />rented, willed, or inherited. <br />RECORDING A MIPTING <br />CLAIM OR SITE <br />Claims and sites must be <br />recorded with both the county <br />and the proper BLM STATE <br />OFFICE. In Alaska, claims <br />may also be recorded with the <br />BLM office in Fairbanks. <br />County: State laws usually require filing the <br />original location notice or certificate in the <br />county recorder's or the county clerk's office. <br />The proper county is generally the one th which <br />the claim is located. Each State has its own <br />requirement for when a location notice must be <br />filed and recorded. This period is usually within <br />15 <br />
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