Ol' Parrott here with a question re: 43 CFR-3809

[parrott]

Back when Bruce Babbitt was Secretary of the Department of Interior it was felt that the 'public lands'
needed more protection from the impact of mining conducted under the then Mining Law.

Thus in February 1999 the 43 CFR-3809,Environmental Impact Statement (EIS), Surface Management
Regulations for Locatable Mineral Operations were adopted. The concern at this time was in the
cumulative effects of casual use of recreational mining. Under the "Casual Use" clause the Recreational
Miner" was listed as another user of public lands as are off-roaders, hikers, fishermen, and mineral
collectors.

However there was and still is concern by such as a concentrated weekend mining effort of (say as an
example) a dozen or more recreational miners concentrating in digging on Public Land a large diameter
hole in the ground in the perceived belief that gold was concentrated at 'bed rock' which could be as
deep as five or more feet from the surface while using only hand tools such as picks and shovels.

Now let us suppose something like this is today happening on a public land mining claim.... The hole
is getting larger and it could be best described as a grave for a large full-grown elephant.

Hey Steve H. and Chris R, and all you others out there.... What is your thoughts on this?

 

[Hoser John]

What you need to read are the SMARA regs=Surface Mining and Reclaimation Act which lists threshold specifications for the difference between casual use and NOI/POO level of operations. Notice of Intent or Plan of Operation. You are thusly now fully into the insane vegetable soup with 1,000s of overlapping rules,regs,laws,permits and more bs than you can shake a stick at. With dozens of federal,state,county legalities that overlap and contradict each other constantly-John

 

[steve herschbach]

Well, if there is a question there I am missing it.

 

[parrott]

Howdy Steve... As you know the 1872-3 mining laws morph into the voluminous 43 CFR-3809~EIS (Environmental Impact
Statement), Surface Management Regulations for Locational Mineral Operations were adopted.

This occurred in early 1999 and I guess at this point there are not many who now have a copy 43 CFR- 3809. It was available
for free back in 1999 at the main US Dept of Interior, Bureau of Land Management, Nevada State Office, PO Box 12000 Reno
Nevada 89520-0006

If you still have a copy... I loaned mine out and never got it back... However at this time there were only a small group who were
then concerned regarding the future of casual prospecting (ie Dee Stapp and Jerry Hobbs) and several others such as a concerned
Professional Geological Engineer (whom was then doing small mining consulting mostly in the Mojave Desert) named Jim Straight
who was then pretty well known and thus was able to write a Guest Opinion for Western & Eastern Treasures Magazine regarding
"the future of casual prospecting." The opinion was published in the October 1999 issue. Unfortunately the future in now here.

Today recreational groups are innocently concentrating on small areas and digging deep holes that they are not backfilling and
not aware of the now federally protected "critters" and fauna.

One instant that "Could Be" happening is a group of recreationist "could be" digging a large vertical sided rectangular hole down
to perceived bedrock several foot or more below the surface.

Steve I guess the question is about the need to know and follow the BLM rules before the BLM finds out... Also I have a xerograph
copy of Mr. Straights Guest Opinion which is only 3 pages long which I will mail to Associate Editor Chris Ralph at the "CMJ"

My Best and I hope your Dad is fine... I'm in awe regarding Bush Pilots!) ..... parrott

 

[parrott]

Howdy John Yep it is truly a insane vegetable soup! You have the gift to cut to the quick parrott

 

[steve herschbach]

Dear old Dad is doing fine and enjoying Florida right now - thanks!

The rules are something people should know no matter the activity. As is often said ignorance is no excuse.

 

[Hoser John]

Every sport,activity or hobby has it's 1% of nimrods who are animals,and we have ours too-John

 

[parrott]

How true Hoser

 

[lytle78]

Funny about how "Nimrod" became a term for an ignorant or careless practitioner of a sport. In the Old Testament, ne was a mighty hunter.

Here's a bit from Wikipedia.

A number of historians, such as Julian Jaynes, believe that the Biblical figure Nimrod (of whom the far later Arab name for the city was derived) was inspired by the deeds of the real king of Assyria Tukulti-Ninurta I (1244-1207 BC), the son of Shalmaneser I, and a powerful conqueror. Others believe the name derived from the Assyrian god Ninurta, who had a major cultic centre at Kalhu /Nimrud.[2]

 

[parrott]

And that is that... parrott

 

[parrott]

Yea Hoser it sure is a mess.... parrott

 

[parrott]

Steve... I'm glad for your dad.... I would have never become a Bush pilot. Regarding the CLF's not even the BLM rangers know the "rules"
and they are making up and enforcing rules of their own. Sad Mess... parrott

 

[Reno Chris]

The folks in charge now see Babbitt's protection policies as far too friendly to industry like mining and logging. The current management would like to see all federal land treated as permanent preserves like a National monument, with hands off to all and only very limited access to the public. Look in at the ICMJ page - almost weekly we report that they are proposing huge area after huge area all across the country be withdrawn from mining, logging and other access - and you can be assured many more of these areas are to come as this lame duck administration tries to do everything by presidential decree as even most of the democrats wont agree with these actions. Unfortunately, its unlikely that any republican administration that takes its place will undo any of these withdrawls and special designations. Sorry!
Get out and enjoy your acces to public lands while you can. Uncle Sam has decided the land belongs to the government, not the citizens.

 

[azblackbird]

Get out and enjoy your acces to public lands while you can. Uncle Sam has decided the land belongs to the government, not the citizens.

Soon we'll be playing cat and mouse. The Feds can't be everywhere. Stealth mining will be the name of the game in the future.

 

[parrott]

azblackbird.... sadly this is happening. twice within several weeks on GPAA and also a PCSC claim... Backhoe's in the night... No overburden as it has been taken away... But they are not knowledgeable digging in the wrong place. And so they just have dirt
But the holes need to be refilled by the claim owners