PERMFILE49486

• 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

Five acres or less of surface disturbance usually
requires a notice. The notice must describe the
proposed activities, the location on the ground,
the start-update, road access and constmction, if
any, and reclamation measures. Receipt and
review of a notice is not a Federal action; there-
fore, there is no requirement for the preparation
of an EA or EIS. Approval by BLM is no[
required for a notice.
There is no requirement for notifying the BLM of
casual use activities. Casual use activities are
those that cause only negligible disturbance of
the public lands and resources. For example,
activities that do not involve the use ofearth-
moving equipment or explosives maybe consid-
ered casual use.
Exploration and mining activities in BLM
wildemess study areas (WSA's) are subject ro
regulations in 43 CFR 3802. The BLM Interim
Management Policy and Guidelines for Lands
Under Wilderness Review (BLM Handbook
8550-1; November 10, 1987) also gives rules
wnceming mineral activities in WSA's. The
Hiles require a plan of operations for all activities
other than what could be wnsidered casual use
(see 43 CFR 3802.1-2). Reclamation is a re-
quirement for all surface-disturbing activities in
WSA's. Where required, reclamation must be
wmpleted to the poim that mining activities are
substantially unnoticeable by the time the Secre-
tary of the Interior makes recommendations for
wildemess designation to the President There-
fore, each BLM Stale Director has set a date for
completion of reclamation in WSA's in that
State. All recommendations of the Secretary of
the Interior to the President on BLM-adminis-
tered lands ate to be made on or before October
20, 1991. However, not all Stales are involved in
the wildemess study program.
Reclamation is a requirement following any
surface-disturbing activity, even if the claim or
site is declared abandoned and void by the BLM.
It is also required if the claimant relinquishes the
claim or site to the Fedetl Government. The
'BLM may require a reclamation bond or other
financial security prior to approving a plan of
operations.
Approval of plans of operations are usually at the
local level. Therefore, the operator should
contact the proper BLM District or Resource
Area Office for questions wnceming plans of
operation (see Figure 3).
States: Operators should be aware that many
States have their own mining and reclamation
laws. Many also have their own environmental
laws to regulate air and water pollution and use
of hazardous materials. Some States, like
California and Alaska, require a permit for use of
suction dredges. Similarly, conswcaon activi-
tiesusually require meeting standards of a county
code, as well as State public health and safety
standards. Some States have entered into a
memorandum of understanding or a cooperative
agreement with the BLM and the Forest Service.
These agreements reduce the duplication by the
operator and Federal and State agencies in
enforcing rules. For these reasons, operators
should inquire about State and local requirements
before trying to mine on public lands and
National Forest System lands.
Areas of Soecial Concern: The Federal Gov-
ernment maintains the right to manage the
surface and surface resources on mining claims
and sites located under the Mining Law after July
23, 1955, and many claims located before that
date (see 30 U.S.C. 612). This includes the use
of the azea for public recreational purposes that
do not interfere with a mining activity.
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