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So i submitted a notice of intent to the forest service to mine, and heard nothing back in 15 days


zippoz

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So i have several claims in colorado, which produce some gold. I submitted a notice of intent to operate a bulk sampling program involving the use of 4 drill pad locations and based on those locations, a bulk sample on the claim, not exceeding 750 tons of material. I dropped off the notice in person, signed into the log book, and even got a reciept that i delivered the NOI hand written. So, i know that they got it, and when they got it, and there were even discussions of the claims and my proposed operations prior to the notice being submitted with the head of minerals for the district, who told me that the best course of action was to submit my plans in writing. When i dropped off the notice, I attempted to speak with him in person, but he told the front desk that he was busy prepping for a meeting.

My plan was actually quite environmentally sensitive, and managed to accomplish the exploration plan with a disturbance of under an acre of land, while the regs allow for 5 acres of disturbance.

According to the 36 CFR 224 (a) regs, they have 15 days to respond and tell me that a plan of operations is required, or make any notice what so ever to me, and they have not responded at all, not via mail, email, or phone, all of which was included in my notice level application.

so my question is this, since they didn't respond, can i start mining?

Is a lack of response legal permission?

Edited by zippoz
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don't forget the reclamation bond. if the papers for the bond were not submitted with the noi they won't even look at the noi.

it's suppose to take 15 days, in my experience it takes 3 months, just for the noi and bonding. if you use water,(on the claim) it takes longer.

you may have to file at the state level as well. more red tape, more entities with their hand out wanting their cut of the pie.

call them, it's cheaper than the fine.

good luck

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There is no bond on a Forest Service NOI.

BLM charges a bond on Notice but I doubt it's legally enforceable. We should see a change in that BLM policy this year. :)

Nothing in the law requires a bond be posted for a Notice of intent.

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I won't argue with the BLM over my bond. They approved using mechanical equipment(small excavator) on a NOI with a very small bond. No POO needed. I'm a happy camper

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On the SF American for occupancy and 2 dredges $500 and returned when camp clean and dredges removed. Just paperwork and a face/face meet in Folsum and good to go,albeit a few years back-John

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