Mining

Notice-Level Operations

Exploration on public lands causing surface disturbance of 5 acres or less, conducted under a notice filed with BLM at least 15 calendar days before work begins, with a financial guarantee.

Detailed Definition

Notice-level operations are the middle class of work under BLM's surface management rules, between casual use and plan-level operations. They are operations "for which an operator must submit a notice" (43 CFR 3809.10(b)).

What qualifies

"You must submit a complete notice of your operations 15 calendar days before you commence exploration causing surface disturbance of 5 acres or less of public lands on which reclamation has not been completed" (43 CFR 3809.21(a)). Two limits follow from that text:

  • It covers exploration only. BLM defines exploration as disturbance greater than casual use "to evaluate the type, extent, quantity, or quality of mineral values present," and it "does not include activities where material is extracted for commercial use or sale" (43 CFR 3809.5). Mining requires a plan of operations.
  • It does not apply in the special status areas listed in 43 CFR 3809.11(c), where any disturbance greater than casual use needs a plan.

An operator "must not segment a project area by filing a series of notices for the purpose of avoiding filing a plan of operations" (43 CFR 3809.21(b)).

Casual use, the level below

Casual use means "activities ordinarily resulting in no or negligible disturbance of the public lands or resources." It "does not include use of mechanized earth-moving equipment, truck-mounted drilling equipment," chemicals, or explosives (43 CFR 3809.5). No filing is required, but casual-use disturbance must still be reclaimed (43 CFR 3809.10(a)).

What the notice contains (43 CFR 3809.301)

  • Operator information, including "the BLM serial number(s) of any unpatented mining claim(s) where the disturbance would occur"
  • A description of the activity, measures to prevent unnecessary or undue degradation, a map with access routes, the equipment, and a schedule
  • A reclamation plan and a reclamation cost estimate

It is filed with "the local BLM office with jurisdiction over the lands involved."

BLM review and start of work

BLM reviews the notice within 15 calendar days for completeness (43 CFR 3809.311). The operator may begin "no sooner than 15 calendar days after the appropriate BLM office receives your complete notice," and "This subpart does not require BLM to approve your notice" (43 CFR 3809.312(a)). BLM may extend its review, require changes, require a site visit, or decide that a plan is needed (43 CFR 3809.313). A financial guarantee must be in place before operations begin (43 CFR 3809.312(c)).

Duration

A notice filed on or after January 20, 2001 "remains in effect for 2 years," and may be extended for 2 more years at a time (43 CFR 3809.332, 3809.333). When it expires, the operator must stop operations other than reclamation, and reclamation duties continue until met (43 CFR 3809.335).

Why it matters in mining claim research

Notices are their own BLM cases, listed with the serial numbers of the mining claims where work occurs. An open notice shows current exploration and a reclamation obligation on the ground. It shows nothing about whether the mining claims are valid or held by the notice operator.