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JUL. 23.2008 12:1 i PM US01 IBLA <br />NO. 7496 P. 4 -' - - <br />IBLA 2007-187 <br />would not constitute "exploration," and, therefore, would not qualify as a notice-level <br />operation under 43 C.P.R. § 3809.21: <br />The proposed operations exceed industry standards for exploration. <br />Standard industry exploration is drilling to investigate metal values, <br />and to c0ect underground mining conditions in advance of <br />determining the costs and impacts of a 4,208 (+/-) foot long adit <br />through unknown conditions to potential mineralization. [31 ... We see <br />this 6 [foot] wide x 8 [foot] high "exploration adit" as a production <br />sized working, per Mr. Lance Barker's testimony (US v. Nuer, <br />IBLA 2003-342) that the Golden Wonder Mime "main level drift is <br />8 by 8 feet" for the production adit. [4j As such, BLM is not prepared to <br />permit a 4,208 (+/-) foot long production facility with a sizable surface <br />dump including an unknown quantity of acid generating material and <br />unknown water conditions as exploration under a Notice. <br />Decision at 1. <br />Second, BLM stated that the proposed operations were actually part of a <br />nearby mining operation, which was already subject to a plan of operations: <br />The proposed operation is designed to intersect with an existing mining <br />operation [the Golden Wonder Mine], The proposed activities have <br />been determined to be an expansion of the existing operation to reach <br />the known ore body from a lower level. As such, segmenting the <br />operation to avoid filing a Plan of Operations or a Plan Amendment to <br />keep total surface disturbance under 5 acres is not permitted (43 CFR <br />3809.21(b)). <br />Decision at 1-2. <br />3 BLM also referred to the fact that LKA was required, by 43 C.F.R. <br />§ 3809.420(a)(2), to "follow[] a reasonable and customary mineral exploration, <br />development, mining and reclamation sequence,"'in order to prevent unnecessary or <br />undue degradation, under 43 C.F.R. § 3809.415. Derision at I. <br />4 BLM refers to testimony by Barker, described as "a geologist, who operates the <br />Golden Wonder Mine, a gold mine near Lake City, Colorado, with a partner and one <br />other person," at the 2002 hearing in the Government contest that resulted in the <br />Board's May 9, 2005, decision in United States Y. Miller, 165 IBLA 342. Id. at 371. <br />Barker testified that underground mining operations at the Golden Wonder Mine <br />used a series of drifts to access the narrow veins of ore and associated material: "He <br />stated that their `main level' drift is 8 by 8 feet, but other drifts are 6 by 4 feet, with <br />some as small as 3 to 4 feet wide'.' Id. <br />175 IBLA 228