California Mining Claim question

[jason]

I have an 80 acre mining claim that I was dredging on and now sluicing on and I have a friend that owns a construction company and have some mini excavators at my disposal and other small heavy equiptment. Am I allowed to use those on my claim? I cant find anything online saying I can or cannot..
Thanks
Jason

[CalGoldDredger]

Yes you can, I ran a bobcat on one of our claims last summer, wish I had an excavator. Will need to file a NOI which then will lead you to a PoO and they will request a reclamation bond. No biggie.

Goodluck

[jason]

Ok good to know.. Now I have some new things to do a search for. Are these expensive?

[CalGoldDredger]

entirely dependant upon intensity of your plan.

[Geo-George]

I have an 80 acre mining claim that I was dredging on and now sluicing on and I have a friend that owns a construction company and have some mini excavators at my disposal and other small heavy equiptment. Am I allowed to use those on my claim? I cant find anything online saying I can or cannot..
Thanks
Jason

Below, is an excerpt from this site.
http://law.justia.com/us/cfr/title43/43 ... 73.2.156.8


"§ 3802.1 Plan of operations.
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An approved plan shall include appropriate environmental protection and reclamation measures selected by the authorized officer that shall be carried out by the operator. An operator may prepare and submit with a plan measures for the reclamation of the affected area.

§ 3802.1-1 When required.
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An approved plan of operations is required for operations within lands under wilderness review prior to commencing:

(a) Any mining operations which involve construction of means of access, including bridges, landing areas for aircraft, or improving or maintaining such access facilities in a way that alters the alignment, width, gradient size, or character of such facilities;

(b) Any mining operations which destroy trees 2 or more inches in diameter at the base;

(c) Mining operations using tracked vehicles or mechanized earth moving equipment, such as bulldozers or backhoes;

(d) Any operations using motorized vehicles over other than open use areas and trails as defined in subpart 6292 of this title, off-road vehicles, unless the use of a motorized vehicle can be covered by a temporory use permit issued under part 2930 of this chapter;

(e) The construction or placing of any mobile, portable or fixed structure on public land for more than 30 days;

(f) On mining operations requiring the use of explosives; or

(g) Any operation which may cause changes in a water course.

[45 FR 13974, Mar. 3, 1980, as amended at 67 FR 61745, Oct. 1, 2002]

§ 3802.1-2 When not required.
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A plan of operations under this subpart is not required for—

(a) Searching for and occasionally removing mineral samples or specimens;

(b) Operating motorized vehicles over open use areas and trails as defined in 43 CFR part 8340 so long as the vehicles conform to the operating regulations and vehicle standards contained in that subpart;

(c) Maintaining or making minor improvements of existing access routes, bridges, landing areas for aircraft, or other facilities for access where such improvements or maintenance shall not alter the alignment, width, gradient, size or character of such facilities; or

(d) Making geological, radiometric, geochemical, geophysical or other tests and measurements using instruments, devices, or drilling equipment which are transported without using mechanized earth moving equipment or tracked vehicles."

[LipCa]

And here's another from the same:

"§ 3802.0-1 Purpose.
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The purpose of this subpart is to establish procedures to prevent impairment of the suitability of lands under wilderness review for inclusion in the wilderness system and to prevent unnecessary or undue degradation by activities authorized by the U.S. Mining Laws and provide for environmental protection of the public lands and resources.

§ 3802.0-2 Objectives.
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The objectives of this subpart are to:

(a) Allow mining claim location, prospecting, and mining operations in lands under wilderness review pursuant to the U.S Mining Laws, but only in a manner that will not impair the suitability of an area for inclusion in the wilderness system unless otherwise permitted by law; and..."


Seems these regs deal with lands under review for inclusion in the wilderness system....?

[Geo-George]

Yes they do, and these regs cover all gov't lands.

I have found that I need to gather info from dif sourses and make comparisons in order to get the whole pic.

Here is another sourse of my info.
http://www.law.cornell.edu/uscode/30/usc_sup_01_30.html

Here's one pertaining to "off road vehicle use".
http://www.access.gpo.gov/nara/cfr/wais ... 20_03.html

There are others too.
Then, ya get into the dif states,.....

[Geo-George]

Ever had your claim vandalized?
Did you know you have laws on your side?

http://www.leginfo.ca.gov/cgi-bin/waisg ... n=retrieve

A very long read and not all related to mining, so I pulled two parts.


"594. (a) Every person who maliciously commits any of the following
acts with respect to any real or personal property not his or her
own, in cases other than those specified by state law, is guilty of
vandalism:
(1) Defaces with graffiti or other inscribed material.
(2) Damages.
(3) Destroys.
Whenever a person violates this subdivision with respect to real
property, vehicles, signs, fixtures, furnishings, or property
belonging to any public entity, as defined by Section 811.2 of the
Government Code, or the federal government, it shall be a permissive
inference that the person neither owned the property nor had the
permission of the owner to deface, damage, or destroy the property.
(b) (1) If the amount of defacement, damage, or destruction is
four hundred dollars ($400) or more, vandalism is punishable by
imprisonment in the state prison or in a county jail not exceeding
one year, or by a fine of not more than ten thousand dollars
($10,000), or if the amount of defacement, damage, or destruction is
ten thousand dollars ($10,000) or more, by a fine of not more than
fifty thousand dollars ($50,000), or by both that fine and
imprisonment.
(2) (A) If the amount of defacement, damage, or destruction is
less than four hundred dollars ($400), vandalism is punishable by
imprisonment in a county jail not exceeding one year, or by a fine of
not more than one thousand dollars ($1,000), or by both that fine
and imprisonment.
(B) If the amount of defacement, damage, or destruction is less
than four hundred dollars ($400), and the defendant has been
previously convicted of vandalism or affixing graffiti or other
inscribed material under Section 594, 594.3, 594.4, 640.5, 640.6, or
640.7, vandalism is punishable by imprisonment in a county jail for
not more than one year, or by a fine of not more than five thousand
dollars ($5,000), or by both that fine and imprisonment.
(c) Upon conviction of any person under this section for acts of
vandalism consisting of defacing property with graffiti or other
inscribed materials, the court shall, when appropriate and feasible,
in addition to any punishment imposed under subdivision (b), order
the defendant to clean up, repair, or replace the damaged property
himself or herself, or order the defendant, and his or her parents or
guardians if the defendant is a minor, to keep the damaged property
or another specified property in the community free of graffiti for
up to one year. Participation of a parent or guardian is not required
under this subdivision if the court deems this participation to be
detrimental to the defendant, or if the parent or guardian is a
single parent who must care for young children. If the court finds
that graffiti cleanup is inappropriate, the court shall consider
other types of community service, where feasible.
(d) If a minor is personally unable to pay a fine levied for acts
prohibited by this section, the parent of that minor shall be liable
for payment of the fine. A court may waive payment of the fine, or
any part thereof, by the parent upon a finding of good cause.
(e) As used in this section, the term "graffiti or other inscribed
material" includes any unauthorized inscription, word, figure, mark,
or design, that is written, marked, etched, scratched, drawn, or
painted on real or personal property.
(f) The court may order any person ordered to perform community
service or graffiti removal pursuant to paragraph (1) of subdivision
(c) to undergo counseling.
(g) This section shall become operative on January 1, 2002."



"607. Every person who willfully and maliciously cuts, breaks,
injures, or destroys, or who, without the authority of the owner or
managing agent, operates any gate or control of, any bridge, dam,
canal, flume, aqueduct, levee, embankment, reservoir, or other
structure erected to create hydraulic power, or to drain or reclaim
any swamp, overflow, tide, or marsh land, or to store or conduct
water for mining, manufacturing, reclamation, or agricultural
purposes, or for the supply of the inhabitants of any city or town,
or any embankment necessary to the same, or either of them, or
willfully or maliciously makes, or causes to be made, any aperture or
plows up the bottom or sides in the dam, canal, flume, aqueduct,
reservoir, embankment, levee, or structure, with intent to injure or
destroy the same; or draws up, cuts, or injures any piles fixed in
the ground for the purpose of securing any sea bank, sea wall, dock,
quay, jetty, or lock; or who, between the first day of October and
the fifteenth day of April of each year, plows up or loosens the soil
in the bed on the side of any natural water course, reclamation
ditch, or drainage ditch, with an intent to destroy the same without
removing the soil within 24 hours from the water course, reclamation
ditch, or drainage ditch, or who, between the fifteenth day of April
and the first day of October of each year, plows up or loosens the
soil in the bed or on the sides of the natural water course,
reclamation ditch, or drainage ditch, with an intent to destroy the
same and does not remove therefrom the soil so plowed up or loosened
before the first day of October next thereafter, is guilty of
vandalism under Section 594. Nothing in this section shall be
construed so as to in any manner prohibit any person from digging or
removing soil from any water course, reclamation ditch, or drainage
ditch for the purpose of mining."

[russau]

then they need to go after the USFS for their part in destruction of mining claims aswell! I.E.,burning, bulldozing cabins,takeing private property from legal mining claims. the list goes on!

[Hoser John]

Laws do not do squat for your protection-YOUR LOCAL ENFORCEMENT budget is the answer. Been there and tried that in many kalif counties and all I ever got is-NO $$$ and just shoot the mfrs as small claims court is now appealable and collection purt' near impossible. Just for the record it WAS the sheriffs who told me multiple times to just shoot the MFRS--not a advocate myself as been there and done that and lost my KG99 to that particuliar train a thought---John