Fact mine-024
newrecordconfirmed 43 CFR 3809: small exploration needs only a notice; bigger work needs a plan with 30 days of public comment
Under BLM's surface-management rules (43 CFR subpart 3809), exploration disturbing 5 acres or less needs a complete notice filed 15 days before starting (3809.21(a)); casual use with negligible disturbance needs neither. Work over 5 acres, bulk sampling of 1,000 tons or more, or work in special areas needs a plan of operations, and before acting on a plan BLM publishes its availability and takes at least 30 days of public comment (3809.411(c)). The notice rule we read has no public-comment step. Emery County has 7 notices and 7 plans on BLM's public layers and Carbon County none; none is Valar's (mine-030).
In plain termsSmall-scale digging on a claim can start after a notice to BLM that the public never gets to comment on. Larger mining needs an approved plan, and those are published for comment. No mining notice or plan exists in Carbon County at all.
- 43 CFR Part 3800, Subpart 3809: Surface Management (2024 edition) (U.S. Government Publishing Office (govinfo), 2024-10-01) primary government “exploration causing surface disturbance of 5 acres or less”
- 43 CFR 3809.411: What action will BLM take when it receives my plan of operations? (2024 edition) (U.S. Government Publishing Office (govinfo), 2024-10-01) primary government “will accept public comment for at least 30 calendar days on your plan of operations”
- BLM Natl MLRS Locatable Notices (feature layer and query results) (Bureau of Land Management (MLRS)) primary filing
- BLM Natl MLRS Plans of Operations (feature layer and query results) (Bureau of Land Management (MLRS)) primary filing