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NQ. 1496 P. 10 <br />JU't.23.200812:13PM US01 IBIA <br />IBIA 2007-1.87 <br />the tunnel "would be at a vertical elevation over 950 feet below the lowest elevation <br />of the Golden Wonder Mine.-I' Id <br />Although BLM provides copies of several pages of information from LKA's <br />website, as well as a copy of an LKA Press Release dated May 4, 2006, Any, Ex. C, <br />which BLM characterizes as "Indicat[ing] that the adit proposed by the Notice was <br />intended as an expansion of the existing Golden Wonder Mine owned by Appellant," <br />Answer at 8, the record does not support BLM's conclusion that LKA's NOI constitutes <br />an improper segmentation of a plan of operations in violation of 43 C.F.R. <br />§ 3809.21(b). BLM has failed to rebut LKA's assertion that the proposed tunnel <br />would not ins the Golden Wonder Mine workings, and that the two projects <br />would not be worked together since operational control over the two projects is <br />vested in two distinct parties.l Nor do we find "a series of notices" intended to <br />evade the requirement to file a plan of operations; the Golden Wonder Mine <br />workings are already covered by a plan of operations. <br />We conclude that LKA's NOI does not constitute an improper segmentation of <br />a plan of operations. <br />G Do BLM's Concerns About Unnecessary or Undue Degradation Support the Necessity <br />Pr a Plan of Operations or a Plan Amendment? <br />(4] BLM is required by section 302(b) of the Federal Land Policy and <br />Management Act of 1976,43 U.S.C. § 1732(b) (2000), and 43 C.F.R. Subpart 3809 <br />to ensure that no proposed activity under the mining laws results in unnecessary or <br />undue degradation of the public lands. Mineral Policy Center Y Norton, <br />292 F. Supp,2d 30, 33, 41-46 (D.D.C. 2003); Cat Mountain Corp., 148 IBIA 249, 252 <br />(1999); 66 Fed. Reg. 54834, 54841 (Oct. 30, 2001) ("For the past 20 years, BIM's <br />3809 regulations have been in place to protect the public lands against unnecessary <br />or undue degradation'D. <br />12 LKA notes that the claims encompassing the proposed adit and the Golden Wonder <br />Mine are situated "about half a mile" apart, which is conlIrmed by Figure 1 of LKA's <br />NO]. Petition at 12. <br />13 In its Reply at page 7-8, LKA states that the information relied on by BLM in Ex. C <br />represents a disclosure and qualification to potential LKA investors "that any future <br />linkage with the Golden Wonder Mine would be materially conditional on the <br />exploration tunnel actually hitting a vein." It states that if the tunnel were to <br />intersect a vein, whether an extension of the Golden Wonder Mine vein or a vein <br />unrelated to the Golden Wonder Mine vein, and LKA made a business decision to <br />mine that vein, %KA will of course submit a mine plan of operation for the <br />production." Id at 8. <br />175 IBIA 234