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Clay Diggins

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Clay Diggins last won the day on October 24 2017

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About Clay Diggins

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  1. I think "estate" is a legal term/concept lipca. Here's some information from California.
  2. Yep lipca, quitclaim is the right process. A quitclaim in California is a form of grant deed. Here is a web site with a general form for California. You would need to modify the property description area to include the stuff for a mining claim. I'm not endorsing this form or the website and I'm pretty sure the form as is isn't adequate but it might be a place to start. As far as describing a mining claim I suggest all the following may help to define just what it is you are transferring ownership on. The name of the claim The BLM serial number (CAMC# in your case?) The County book and page of the original Location Notice recording A physical location description indicating the Meridian, Township, Range, Section, Quarter Section and County The name(s) and address of the original owner and the new owner(s) Beware. At all times you must have one association member for every 20 acres. When an association member passes the estate of the former member represents one member. If the wife is already a member of the association she can not also be the owner of the husbands portion as well as her own. Have the estate quitclaim the husbands portion of the claim and have the wife quitclaim her portion. Otherwise you may be required to reduce the claim by 20 acres. Don't describe the interest being quitclaimed as 20 acres or any other physical portion of the claim. Just quitclaim the members interest in the claim to someone who doesn't already have an interest that would leave you with too few members to support the size of the claim. There may be more needed. This is not legal advice just an informed opinion. Don't forget to file a Transfer of Interest in Mining Claim with the BLM when you complete and record the quitclaims. Include a photocopy of the notarized quitclaim with the transfer notice and send the $15 filing fee along to the State BLM office..
  3. Different States have different requirements. Transfers of mining claims are governed by State law. What works in one state is unlikely to be effective in another. You will need to look up the laws specific to quit claiming a mining claim in your state. Several states, including Arizona, require added verbiage to avoid additional taxes and to make sure it is recorded as the proper document type. States also control what legal description is required to describe the property bounds and documents. Generally what works in one State is unlikely to be proper for another State. It appears that in California you also need to record a Preliminary Change of Ownership Report and provide a Assessor Parcel Number (APN). You need to be careful to investigate the ownership and liabilities of the claim before you agree to a quitclaim. The quitclaim deed contains no warranties of title or ownership. The quitclaim only transfers to the grantee (recipient of the deed) whatever title or ownership, if any, that the grantor has at the time the deed is delivered to the grantee. If the grantor owns nothing, the grantee receives nothing. If the grantor has encumbered the claim with debt or other liabilities like mining waste cleanup or unfinished restoration work you could be buying someone else's problems. Pig in a poke. Cat in a bag. Mining claim quitclaim. ...You only have yourself to blame legally if you don't look into the poke, bag or actual ownership and liabilities of a mining claim.
  4. Why depend on a magnet when you can use a battery powered phone to spot iron? 1.5 inch range too! Modernity. It's fun and so ...modern! What will science come up with next - a phone powered belt?
  5. With 120 years of extensive mining excavation on the summit the weathering of the exposed minerals is accelerated. This raises the acidity of the water draining from the peaks and affects the pH of the upper Alamosa river basin. The low pH (acid) and the elevated dissolved copper levels are the main concern. The cyanide has combined with the runoff and been neutralized years ago so it's not really a direct concern anymore. Here's the health assessment from the EPA on the current state of the Summitville recovery project. The upper Alamosa basin has always had a low pH due to the naturally high mineralization in the higher elevations. Natural concentrations of valuable minerals always create an acidic environment but the erosion of the exposed mineral deposits from mining lowers the pH even more than the natural deposits would. Due to the exposure and break down of the naturally occurring metal/sulfur compounds, in particular the exposed pyrites, this process will continue until the surface exposures reach a natural equilibrium again. Those mountain streams have always been acidic and they will remain so even after the remediation obtains the natural state again. High acidity can be fairly easily countered by the addition of a limestone filter (usually large pieces of limestone dumped in the waterways draining from the source) the elevated dissolved copper is a little more difficult to recover. That's done at an on-site treatment plant. When the copper and other heavy metals are removed from the Summitville water they are concentrated and redeposited in the pit. The pit then drains back to the limestone beds and treatment plants again - assuring clean up work for years to come!
  6. The BLM just raised mining claim location fees to $40. They also raised the annual maintenance fees to $165. That $165 applies to every 20 acres on a placer claim. These new fees take effect on September 1, 2019 at 12:01 a.m. If you have already paid your maintenance fees for the upcoming mining year you will still need to pony up the extra $10 per claim/20 acres. The BLM is saying they will send you a notice if you owe more than you have already paid. If they don't you still need to pay so I wouldn't be waiting around for that letter in the mail, just be prepared to pay up before September 1. This will give you an idea of how much the annual base maintenance fees per claim/size will be now. 0-20 acre placer millsite, tunnel site or lode claim = $165 20-40 acre placer claim = $330 40-60 acre placer claim = $495 60-80 acre placer claim = $660 80-100 acre placer claim = $825 100-120 acre placer claim = $990 120-140 acre placer claim = $1155 140-160 acre placer claim = $1320 If you have 10 or fewer claims you may be eligible for the small miner's waiver. The fees are the same for the annual small miner filing $15 per claim no matter what size it is as long as you complete $100 worth of work on each claim. You can read the notice announcing these new fees in today's Federal Register.
  7. Used to be that part of the Pima reservation in Arizona was open to prospecting with a permit under federal law. Those days are long gone. One of the pueblos along the Rio Grande used to allow panning the river from their pay campground. I'm not sure that's still a thing but it does demonstrate that should one of the native governments choose to do so they could issue permits or even allow open prospecting. I'm not going to be holding my breath for that to happen. All you can do is ask. Who knows maybe the council likes your face or hairdo - it could happen?
  8. No that's not claim jumping, it's higrading. Claim jumping is the act of trying to create a right to already claimed ground with paperwork and lawyers. Claim jumping is an old and still ongoing scam but it's been mostly stamped out in the United States. The courts in the U.S. are tough on claim jumpers. Claim jumping and the defense against it is a civil court matter in the United States. Higrading is the act of stealing from a claim you have no right to work. Basically it's just out and out theft and is treated as mineral trespass and theft by the courts. Higrading is usually a criminal matter but it also has a civil component so the victim can sometimes choose their own legal course of action or pursue both criminal and civil penalties. Higrading can get you jail time claim jumping, in itself, can not. The reason detecting a mining claim is higrading is due to the fact that a mining claimant has the exclusive right to possession of all the valuable minerals and to the possession and use of the surface as necessary to extract those minerals. (Section 3 General Mining Act) The courts, including the Supreme court, have consistently supported the right of valid claim holders to all the valuable minerals within the bounds of their valid claim whether a lode or placer claim. The single exception within the law is the duty of a placer claimant who applies for a patent to exempt known lode deposits within the placer from their application unless they have made a lode location over their placer before applying for the patent. You will find that detailed in Section 11 of the General Mining Act. The reason for this one twist is because placer patents cost $1.25 per acre and lode claims cost $2.50 per acre. Yeah lodes are twice as expensive as placers. Without that little twist people would just make big placer claims to cover known lodes.
  9. That PLSS pattern indicates that the area is unprotracted and possibly unsurveyed. First about protraction: When an area has not been physically surveyed and monumented in the Public Land Survey System (PLSS) imaginary lines that generally follow where the survey might be found if it were surveyed are drawn on the map. These lines are protracted by implication, there are no survey pins or monuments in place on the ground. Protraction is useful for land descriptions but just like the PLSS grid depicted on your map protracted surveys are not to be considered geographically accurate. Since there has been no survey there is no way to know the exact position on the ground until a survey has been completed. On most maps it's virtually impossible to tell the difference between a physically surveyed PLSS grid and a protracted PLSS grid. When an area appears to be unsurveyed and unprotracted on a map it's time for some intense study as to why it's being left that way. You are right to question what appears to be an anomaly. The area you present on your map the PLSS survey has already been completed and the "empty" areas on the PLSS grid are actually the Palovadera land grant to the north and the Santa Clara Pueblo grant to the south. These areas are Royal Spanish land grants that precede the United States and are excluded from the Public Land Survey System. In essence you should treat them as very private lands. Obviously they are off limits to prospecting and claim. Best to avoid them at all costs. No tramping about or exploring without a verified grantee to physically accompany you. And here we come to the real first step to studying land status outside of the original 13 colonies. The PLSS grid is only the spatial reference system and will not tell you anything specific about land ownership or status. You need to dig deeper before entering any area. In this case I took what should always be the first step in finding the actual status of current or former public lands - I obtained the Master Title Plat (MTP) for that Township. These MTP maps have nothing to do with ownership or platting of County or State parcels. Those County maps may be helpful if you are seeking permission on private lands but they have no reliable information on public lands. The MTP is the working document that federal agencies rely on to keep the current land status record. Some of the MTP maps may have been published years ago but when a portion of the public lands they depict changes the map will be replaced with a new one depicting the changes. For that reason they are the first "go to" for all government agencies and public land users when researching an area. Since you are in New Mexico the Master Title Plat was available to you on the GLO site. It might be one or a series of maps (supplements) showing land status for that Township. Those MTP maps and their supplements are closely interrelated with the Historical Index (HI) also available on the GLO. Together the MTP and HI contain the most current status and the history of the land status for any Township. The Master Title Plats are a visual guide to that status but it's important to understand that they do not represent objects on the ground. There are no physical depictions on this map, only land status issues described by reference to the PLSS. Not all States MTPs are available on the GLO yet. If you use the Land Matters Land Status maps you can get the very latest MTP for any given area in the western states direct from a map query. Those maps also display land ownership and management which visually delineate status features like the Santa Clara Pueblo. Having everything in one place and available with a few clicks can really cut your initial research time down. It's never fun to discover that an area you have researched for hours is actually off limits. Always study the MTP first. There is a rather arcane shorthand to the notation on these MTPs that is fairly brief and consistent but often presents a difficult hurdle for the beginner. Land Matters has assembled a group of tutorials to help the beginner get a quick start on reading Master Title Plats. Poke around there I suggest you start with Reading Master Title Plats for an orientation and then move on to the videos etc. Good luck. You've got a bit of work ahead of you but the payoff will be the confidence to know which lands might be open to your prospecting. If you've got more questions just put them out there.
  10. This NOAA website Interagency Elevation Inventory shows where, and what kind of LIDAR the U.S. government agencies have available. There are links to the mapped data downloads. Most of the green areas on the map are only about 3 foot resolution so they may or may not be an improvement on the existing DEMs. Open Topography is another good source for free lidar data. It's more international in scope. The Tahoe Basin Lidar set is very high resolution as PG-Prospecting pointed out. It looks like there are several nice sets in New Zealand. You can directly download a selected area at this website. You will probably notice that the coasts have some pretty good LIDAR coverage and quality but the west has been pretty much left out of the feds LIDAR efforts. It's always a good idea to check your State's GIS office to see if they have different coverage.
  11. Not much detectable gold around Casa Grande OFS. In Tucson the Desert Gold Diggers have several good claims to the south. You might consider calling them to see if anyone is planning a trip around that time. Typically their outings are earlier in the month. Cost to join is around $50 first year. If you are down that way much it might be worth joining just for the claims access. Barry
  12. An FOIA is not really possible freak. Here's one of the parts of the Senate bill creating a new national monument. So Congress is just approving a memorial, if the Secretary of Agriculture decides they want one, and letting the agencies tell them what the boundaries are "Not later than 3 years after the date of enactment". Kinda hard to run an FOIA on documents that don't exist and might not until three years from now. The actual monument is described as "approximately 353 acres, as generally depicted on the map entitled “Proposed Saint Francis Dam Disaster National Monument”. Long experience tells me that 353 acres could be 200 or 1,000 acres in the final version and that original map has nothing but a scribbled line indicating a general area that may or may not be included in the final version. The current Forest Service map shows 440 acres for the monument, not 353. Here is the entire bill as passed by the Senate. As you will notice there are very few actions that include anything like an actual described boundary . Most of the land management bills rolled into this one bill have made several rounds through Congress and have failed in committee or on the floor. This particular monument proposal has failed several times - the last time was in 2016.
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