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JU1.13.100812:12PM USDI IBLA <br />NO. 7496 P. 1 - - - <br />IBLA 2007-187 <br />Notice-level operations consist of "exploration causing surface disturbance <br />of 5 acres or less of public lands on which reclamation has not been completed." <br />43 C.F.R. § 3809.21(a). Plan-level operations are those operations which are <br />"greater than casual use," and yet are not notice-level operations described in <br />43 C.F.A. § 3809.21. 43 C.F.IL § 3809.11(a). Thus, plan-level operations encompass <br />operations that are greater than causal use, except for notice-level operations covered <br />by 43 C.F.R. § 3809.21(a).8 <br />[2) BLM does not issue a decision approving notice-level mining operations. <br />Instead, upon receipt of a notice, BLM must review it within 15 calendar days to <br />determine if, in accordance with 43 C.F.R. § 3809.301, it is complete. if it is <br />complete, operations may begin under the notice, no sooner than 15 calendar days <br />after receipt of that complete notice, if BLM does not take any of the actions <br />described in 43 C.F.R. § 3809.313. 43 C-M § 3809.312(a). If BLM determines that <br />a notice is not complete, it will either inform the person filing the notice of the <br />additional information that must be filed or it may take the actions described in <br />43 C.F.R. § 3809.313. Under 43 C.F.R. § 3809.313(e), a person cannot begin <br />operations 15 calendar days after filing a complete notice, if BLM determines that the <br />operations do not qualify as a notice-level operation. In such a situation, BLM <br />requires the filing of a plan of operations before commencement of operations 9 Id <br />In its April 2007 decision, BLM did not determine the notice to be incomplete. <br />Instead, it took the action described above. We now address the reasons provided by <br />BIM for taking that action by posing them as questions. <br />e plan-level operations also encompass "any bulk sampling in which you will remove <br />1,000 tons or more of presumed ore for testing," and "any operations causing surface <br />disturbance greater than casual use in certain "special status area where § 3809.21 <br />does not apply." 43 C.F.R. § 3809.11(b) and (c). There is no evidence that any of <br />these criteria are applicable in this case. See Petition at 10. <br />9 LM notes that a proposed operation may also be barred from proceeding, under <br />43 C.F.R. §§ 3809.312(a) and 3809.313, in circumstances other than where it does <br />not qualify as a notice-level operation, but that BLM did not find any of them <br />applicable; <br />"Mhe Field Office has not informed LKA that the Field Office needs additional time <br />to complete its review of the Notice; has not informed LKA that it must modify the <br />Notice to include additional measures necessary to prevent unnecessary or undue <br />degradation; never informed LKA that the Field Office would like to consult about the <br />location of roads that might be constructed or modified for access to the project area; <br />and never informed LKA that the Field office needs to perform an on-site visit to <br />assist in the evaluation of the Notice." <br />Petition at 13. <br />175 IBLA 231