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1496 - P. 2- <br />JU1.23.2408 12.11PM USQt tBIA - NO. <br />IBLA 2007-187 <br />3. <br />4. <br />Mining Claims: Generally <br />Under 43 C.F.R. § 3809.5, ge)xplorution," for which a <br />notice must be filed under 43 C.F.R. 13809.21 (a), means <br />creating surface disturbance greater than casual use that <br />includes sampling, drilling, or developing surface or <br />underground workings to evaluate the type, extent, <br />quantity, or quality of mineral values present. <br />Exploration does not include activities where material is <br />extracted for commercial use or sale. Excavation of a <br />tunnel may be considered "exploration," when it <br />constitutes developing underground workings to evaluate <br />the type, extent, quantity, or quality of mineral present. <br />Mining Claims: Generally <br />BLM's concern that a proposed exploration tunnel to be <br />constructed aursuant to a mining notice may ^ <br />unnecessary or undue degradatioa of the public lands <br />does not independently support BL?Ws decision to require <br />a plan of operations for the proposed activities. Such a <br />concern must be addressed by BLM in accordance with <br />43 C.F.R. § 3809.311 or 43 C.F.R. § 3809.313. <br />APPEARANCES: George Tsiolis, Esq., Englewood, New Jersey, for appellant; <br />Lance C. Wenger, Esq., Office of the Regional Solicitor, U.S. Department of the <br />Interior, Lakewood, Colorado, for the Bureau of Land Management. <br />OPINION BY DEPUTY CHIEF ADMINISTRATIVE JUDGE HARRIS <br />L,KA International, Inc. (LKA) has appealed from and petitioned for a stay of <br />the effect of an April 24, 2007, decision of the Field Office Manager, Gunnison <br />(Colorado) Field Office, Bureau of Land Management (BIM), declining to accept <br />proposed notice-level mining operations on public lands and requiring submission of <br />a plan of operations or plan amendment to conduct those operations. <br />For the reasons stated below, we conclude that BLM may not require the filing <br />of a plan of operations or plan amendment for those activities. Accordingly, we <br />reverse BIM's decision and remand the matter to BLM for further consideration. We <br />deny the petition for stay as moot.1 <br />We note that by order dated July 30, 2007, the Board suspended consideration of <br />(continued...) <br />175 IBLA 226