Dry Washing Legalities

[Lunk]

I'm strictly a detector operator, so when a friend asked me about the ins and outs of dry washing on public lands, I was at a loss. I told him that I would ask the knowledgeable folks here on the forum. Specifically, is dry washing considered casual use of the land, just as metal detecting and panning are? Is a mining claim and/or notice of intent or plan of operation required for motorized dry washers? Thanks in advance for your insights!

[Hard Prospector]

Been drywashing for years and this is my  understanding;

Of course you can't drywash with out permission from a claim owner, if area un claimed and/or open to prospecting generally  no problem as drywashing is considered prospecting.

Drywashing falls under "casual use" , both puffers and forced air vibrastatic units, so long as the mining taking place and the drywasher is being fed by had tools. No jack hammers, back hoes etc., this for sure would require a plan of operation.

BLM and National Forests lands OK so long as area is not designated a; "Wilderness Area". Generally BLM  more understanding than forest service

Don't create what is considered a significant disturbance ; no cutting down trees, bushes cactus etc. (dig around them) or you'll need a POO.  Keeping my excavation no bigger than 10'x10' seems to keep me out of trouble. When I run that material I reclaim by back filling then open up another 10'x10"

Oh and had a LEO tell me once if I left my hole over night,  I would need to cut the steep sides at a 45 degree angle or put a fence around the hole........ desert tortoises

Hope this helps

[Steve Herschbach]

The key thing for many people is what activities may you undertake on land open to mineral entry or other locations that do not require filling out paperwork? According to the following hand or battery operated drywashers are generally ok. Motorized you should check with the land manager.

Forest Service http://www.fs.fed.us/emc/nepa/oged/includes/leasing_regs_36cfr228.pdf

(1) A notice of intent to operate is not required for:

(i) Operations which will be limited to the use of vehicles on existing public roads or roads used and maintained for National Forest System purposes;

(ii) Prospecting and sampling which will not cause significant surface resource disturbance and will not involve removal of more than a reasonable amount of mineral deposit for analysis and study which generally might include searching for and occasionally removing small mineral samples or specimens, gold panning, metal detecting, non-motorized hand sluicing, using battery operated dry washers, and collecting of mineral specimens using hand tools;

BLM Casual Use http://www.gpo.gov/fdsys/pkg/CFR-2010-title43-vol2/xml/CFR-2010-title43-vol2-sec3809-5.xml

"§ 3809.5 How does BLM define certain terms used in this subpart?

As used in this subpart, the term: Casual use means activities ordinarily resulting in no or negligible disturbance of the public lands or resources. For example—
 
(1) Casual use generally includes the collection of geochemical, rock, soil, or mineral specimens using hand tools; hand panning; or non-motorized sluicing. It may include use of small portable suction dredges. It also generally includes use of metal detectors, gold spears and other battery-operated devices for sensing the presence of minerals, and hand and battery-operated drywashers. Operators may use motorized vehicles for casual use activities provided the use is consistent with the regulations governing such use (part 8340 of this title), off-road vehicle use designations contained in BLM land-use plans, and the terms of temporary closures ordered by BLM. Code of Federal Regulations / Title 43 - Public Lands: Interior / Vol. 2 / 2010-10-01780

(2) Casual use does not include use of mechanized earth-moving equipment, truck-mounted drilling equipment, motorized vehicles in areas when designated as closed to “off-road vehicles” as defined in § 8340.0-5 of this title, chemicals, or explosives. It also does not include “occupancy” as defined in § 3715.0-5 of this title or operations in areas where the cumulative effects of the activities result in more than negligible disturbance.

 

Note that although the BLM mentions "may include use of small portable suction dredges" may is the key word and in fact all states now require a permit to run a suction dredge. While BLM may administer the land and not require notice for running a small dredge the water falls under other state and federal agency jusrisdiction. In general assume anything with a gasoline motor or that discharges water into a stream may be subject to some level of permitting.

It’s a good idea to have a copy of the above information with you when prospecting. And of course no prospecting on mining claims without the express permission of the owner, period.

[Lunk]

Thanks, guys; much appreciated. I'll send my friend a link to this post.

[GotAU?]

I knew the definition of “recreational mining” and “casual use” only includes the use use of hand and battery powered drywashers, (not gas powered forced air units), but under which legal definition could one legally use gas blower powered drywashers and vacpacs?

Under “small-scale mining “ with a “notice of intent” while on a claim, off claim on appropriate federal land for “prospecting” (with or without an NOI), or any combination of these, or are there other conditions?

The reason I ask is I just got a 140 and want to use it and a vac for prospecting on open BLM lands not in a claim area, but maybe I can only legally use my puffer and shovels there...