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BLM mine claim staking requirements

Discussion in 'General Land Surveying' started by Chan GePlease, Dec 2, 2011.

  1. Chan GePlease

    Chan GePlease 4-Year Member

    Joined:
    Apr 15, 2011
    Messages:
    1,199
    Location:
    Mohave County, AZ
    I'm dealing with a client who has secured 3 contiguous 160 acre mine claims on BLM land. They are the SW Sec 11, SE Sec 10, NE Sec 15. I'm certain (reasonably so) all the original GLO corners are still in. There is a trail that cuts through the "L" shape, so I proposed to just find all GLO corners along that "L". And maybe 10/11 & 10/15 1/4 cors.

    This area is pretty rugged mountains. More of a recon job than a survey job and will still take considerable time. It is a major deal to set the perimeter center of sections, due to the terrain (and now the weather).

    This is kinda new territory for me and as far as I knew, the BLM doesn't require a boundary survey to be completed. That is the claim holders responsibility. But these guys want me to:

    1- monument all corners per BLM requirements
    2- place all location notices per BLM
    3- add any additional claim locators per BLM
    4- complete & file all required BLM documents, along with all county documents.

    I've still got to fumble my way through the BLM website, and contact the State Mine Office - but I thought I'd also bounce this off all the guru's here. Any and all help/advice/comments is well received and appreciated.
     
  2. Frank lehmann

    Frank lehmann 4-Year Member

    Joined:
    Jul 5, 2010
    Messages:
    73
    Location:
    Redding, CA.
    Wayne, I guess I don't understand your question. Why would you not want to do what they are asking for? It is a big job with many tasks that performed correctly (and billed properly)most surveyors would love to get. Are you too busy to take the job on? I would most certainly say it is a survey job, and not just recon.
     
  3. Chan GePlease

    Chan GePlease 4-Year Member

    Joined:
    Apr 15, 2011
    Messages:
    1,199
    Location:
    Mohave County, AZ
    I'm sure it's heading that way because I think they just want it surveyed. No I'm not to busy to tackle it, and it certainly comes at a great time.

    What has kind of confused me was the "per BLM requirements". Those type of broad statements kind of scare me, so I need to find out what they are, and if they even exist. I didn't really know they had any, aside from issuing the claim. I don't think they know either.

    That's my question and I'd like to be able to cite some rule, if it exists. Otherwise I'll just write a complete scope and get to work.
     
  4. Frank lehmann

    Frank lehmann 4-Year Member

    Joined:
    Jul 5, 2010
    Messages:
    73
    Location:
    Redding, CA.
    http://www.blm.gov/ca/st/en/info/iac/faqmc.html
     
  5. DanMuth

    DanMuth 4-Year Member

    Joined:
    Apr 13, 2011
    Messages:
    29
    Location:
    Springerville, Arizona
    Don't you have to be a Mineral Surveyor to stake a Lode Claim? That certification is attained by the BLM. So I am assuming if you were a M.S. you would know what the requirements were.
     
  6. DanMuth

    DanMuth 4-Year Member

    Joined:
    Apr 13, 2011
    Messages:
    29
    Location:
    Springerville, Arizona
    Wayne go to the BLM District Office that has jurisdiction in the area. Ask the folks in the Public room for "mineral claim location monument requirements". Each district handles this a little different.
     
  7. DWolfe

    DWolfe 3-Year Member

    Joined:
    Oct 5, 2011
    Messages:
    199
    Location:
    North Cascades
    Wayne, this should point you in the right direction Arizona BLM Mining Claims. Oregon/Washington has a nice little information guide on Locating Mining Claims, hopefully Ariz. will have something similar. Sounds like fun...need any help?;-)
     
  8. Loyal

    Loyal 5-Year Member

    Joined:
    Jul 2, 2010
    Messages:
    1,560
    Location:
    Evanston, Wyoming
    It's been quite a while since I messed with Placer Claims (which these MUST @ 160 acres each), but I'm pretty sure that when an “Association Placer” (in this case 8 locators), is sold to an individual (a Corporation is considered an “individual” BTW), all but 20 acres become INVALID.

    Unless your “client” already has his 7 buddies (partners) lined up, things might get pretty dicey. What you might be looking at, is the “re-monumentation” of 3 20 acre claims, and the Monumentation and LOCATION of 21 NEW [20 acre] claims... I dunno, sounds a little iffy to me.

    The “staking, posting, and monumentation” requirements are pretty much set by the individual States, and vary quite a bit State to State (subject to the Federal requirements of course). The States can ADD additional requirements (which MOST do), but can NOT override the Federal Rules (which are pretty minimal as far monuments and such go). Maps, Notices of Location or Certificates (if required by the State), are reasonably straightforward, but the BLM does have specific requirements under FLPMA.

    I would get with someone who KNOWS Placer Claims in YOUR State, and proceed with caution.

    BTW, ANY American Citizen over the age of 21 can Locate (Stake) a Federal Mining Claim (it might even be 18 years now).

    Loyal
     
  9. DanMuth

    DanMuth 4-Year Member

    Joined:
    Apr 13, 2011
    Messages:
    29
    Location:
    Springerville, Arizona
    http://www.blm.gov/cadastral/minprocedures/mineralguide.htm#
     
  10. Chan GePlease

    Chan GePlease 4-Year Member

    Joined:
    Apr 15, 2011
    Messages:
    1,199
    Location:
    Mohave County, AZ
    Thanks guys!!

    Like I said, things of this magnitude are kind of new for a little guy like me. I'm sure I can find out many answers from the provided links, thoughts, etc.

    Thanks! And thanks Wendell for keeping things alive & well for us all.
     
  11. DWolfe

    DWolfe 3-Year Member

    Joined:
    Oct 5, 2011
    Messages:
    199
    Location:
    North Cascades
    Here's some info from the BLM/Arizona site: WHO CAN STAKE A CLAIM?--United States citizens who have reached the age of discretion, under the law of the state of residence; or legal immigrants who have declared their intention to become a citizen; or a corporation organized under the laws of any state may locate a mining claim. The government considers a corporation the same as a U.S. citizen. An agent may locate a mining claim on behalf of a claimant. A claimant may hold any number of claims or sites.

    Hmmm, I have an 18 yo son, has he reached the age of discretion? He hasn't quite proven that to me yet;-)
     
  12. Loyal

    Loyal 5-Year Member

    Joined:
    Jul 2, 2010
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    1,560
    Location:
    Evanston, Wyoming
    DWolf

    You're right, I forgot about the "intention to become one" thing.

    Back when I was staking claims, it was often as an Agent (sometimes with formal Limited Power of Attorney) for a Mining Company.

    Loyal
     
  13. Chan GePlease

    Chan GePlease 4-Year Member

    Joined:
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    Messages:
    1,199
    Location:
    Mohave County, AZ
    > ...go to the BLM District Office that has jurisdiction in the area. Ask the folks in the Public room for "mineral claim location monument requirements". Each district handles this a little different.

    Yea Dan, that was next weeks plan. I was going to do a little internet research this weekend, and thought I'd start with fellow beerleggers. Things kind of appear as I expected, but that 20 acre issue is certainly potentially perplexing.
     
  14. Luke CO PLS

    Luke CO PLS 4-Year Member

    Joined:
    Feb 10, 2011
    Messages:
    198
    Location:
    Portland, Oregon
    These are not Lode Claims.
    They are Placer Claims.
    You don't have to be a Mineral Surveyor to stake them out.
    Only if they want to go to patent, then you will need a Mineral Surveyor.
    The government is not processing any Patent Applications now.

    Jim Luke, US Mineral Surveyor
     
  15. Dave Karoly

    Dave Karoly 5-Year Member

    Joined:
    Jul 1, 2010
    Messages:
    6,414
    Location:
    Sacramento, CA
    Licensed in:
    CA
    If a US Mineral Surveyor does a Mineral Survey of an aliquot part of an existing section and sets the corners (presumably 1/16th corners), the MS Plat gets approved do those corners then become original PLSS corners?
     
  16. aliquot

    aliquot 3-Year Member

    Joined:
    Sep 14, 2011
    Messages:
    112
    Location:
    Calgary,AB or Fairbanks,AK
    You are correct that a mineral surveyor is not required to be involved unless the claim is going to patent. This is true for both placer and load claims. In fact, you don’t even need to be a licensed surveyor to "locate" the claims (although you may, under state law if someone is paying you to do it for them). In this case even if the claims were going to patent a mineral survey would not be required. For placer claims that that consist of aliquot parts no additional survey is required for a patent. I would interpret the "to BLM standards" requirement as the normal 2009 manual standards for surveying an aliquot part.
     

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