|
Fellow Prospectors,
Monday, I started preparing for the 2011 prospecting season. Part of that preparation involves applying for permits from the various BLM offices that control access to our GPAA claims. Since our Memorial
Weekend Outing will be to Buena Vista, CO, my first move was to check the web site for the Royal Gorge F/O. A new "Notice for Motorized Placer Operations – Royal Gorge Field Office & Arkansas
Headwaters Recreation Area", which I will refer to as a Notice Form, is required. The new form consolidates last years separate permits for the Arkansas River Headwaters and the Cache Creek placer area.
The rules for Cache Creek have not changed from last year: no dredging, high banking limited to 1.5" intake/5 hp, and maximum 14 day total prospecting per person for the season. The Cache Creek season is
from Memorial Day (5/30/11) to Nov 30/2011; and the permit is $25 for two years. (The BLM does not plan to open the area two days early for the Memorial Day weekend) As always, the opening is weather
dependent, and the condition of the dirt access road. Remember….this area is open all year as long as you walk in and are just panning or hand sluicing. The "opening" is referring to the gates for
vehicle access and the ability to use a high banker.
The season for the Arkansas River is still April 1st through September 30th. However, the permit section for the Arkansas River confused me, because it still contained provisions for dredging that I
thought were rescinded. Therefore, I called the Royal Gorge F/O for an explanation. Stephanie Carter, the resident Geologist, was very helpful in explaining the current policy enforced by the Royal Gorge
F/O:
Activity on the GPAA claims along the Arkansas River is limited to Casual Non-Motorized Placer Activity – meaning panning, hand sluicing, and no motorized equipment except for pumping water from the
Arkansas River to feed battery powered recirculating equipment, such as a wheel or sluice. The pump may not be used to provide a continuous flow of water for operation of the equipment; it is only to
eliminate the need to carry buckets of water to charge the equipment reservoir. The GPAA claims on the Arkansas are classified as a "group claim block" and are excluded from high banking or dredging
until GPAA has an approved Plan of Operations.
GPAA National Headquarters has already published their decision not to submit a Plan for this season (2011). My next question was: Where can we dredge on the Arkansas, as described in the Notice Form?
Stephanie said that we can submit a request to dredge under on a Notice Form on any open, meaning not claimed, sections of the Arkansas, or on small, individual, private claims. The Notice Form would not
be issued over the counter, but would require a 15 day review. The Notice must contain a specific location, and details on equipment and extent of operation – specifics are shown in the notes
section of the Notice Form. So I asked if I could submit a Notice Form, with all the required details, to dredge a specific location that was on one
of the GPAA claims. That would not be allowed because GPAA National owned the claims and decided to limit activity on their claims by default, since they did not submit a Plan of Operation.
I expressed the view that it seemed inconsistent to allow dredging under a Notice Form on unclaimed sections of the river and small individual claims, but not to allow it on the GPAA claims. Ms Carter
explained that the difference was due to the level of usage and surface impact. Experience has shown that the public areas and small individually owned claims have infrequent access and therefore,
limited surface impact. Also, this use is spread out throughout the river corridor and is not concentrated in a specific location. By comparison, the GPAA claims are heavily used by the larger population
of National GPAA membership, many from out-of-state. The issue is not so much the significant reclamation work, but how BLM can hold the claimant responsible when there are so many people that have been
dealing directly with the Royal Gorge F/O in the past. Ms Carter pointed out that the Mining Laws specifically require claim owners/operators to be responsible for access and reclamation; and that this
type of management will allow better correlation with the regulations. Ms Carter pointed out that the Gold Prospectors of Colorado (GPOC) has an approved Plan of Operation for their claims along the
Arkansas and should there be an issue in compliance with the Plan, BLM will contact the GPOC President and not the claim users. An individual may not submit a Notice Form for those claims and must deal
directly with the GPOC for access and permission to dredge and high bank. The Plan of Operation submitted by GPOC was very similar to the activities that were previously allowed under Notice Form. That
made review and approval much quicker since surface impact was not changed from previous years documented activity. To establish the required bond for a Plan of Operation, the claim owner recommends a
bond amount and provides their rationale for the amount. The BLM reviews the recommendation and the proposed surface impact; and either accepts or rejects it, and explains the reasons for rejection, if
appropriate. In the case of GPOC, the recommended bond amount was reasonably explained and therefore accepted. The bond will remain in effect until the Plan of Operation is completed.
Last year I purchased Notice Forms for both Cache Creek and the Arkansas. The Cache Creek Notice was only for the season, but the Arkansas Notice had a two year expiration (Sep 30, 2011). The Notice
included the Arkansas GPAA Claim Group (previously referred to as the GPAA Railroad Bridge Group), Point Bar & GPOC's claim Prospector 3. (I have been a member of GPOC for years) Is this Notice still
good? Ms Carter said, the permit is still good for Point Bar; but not for Prospector 3 and the GPAA Claims. The Prospector 3 claim was voided last year because the area should not have been open to
mineral entry under the mining laws; however, the location is still open to recreational panning and hand sluicing. The GPAA Group is likewise invalid because of the new rules. Also, if I had listed
other active GPOC claims, the Notice would not be valid this year because the GPOC Plan of Operation would take precedence. If you have an approved Notice for the Arkansas from last year, that has not
expired, and you listed other areas or claims, you need to check for validity. Ms Carter reminded me that I could change the sites I had selected for other sites for the rest of the term of the Notice.
Could GPAA still submit a Plan of Operation for this season? Ms Carter said that GPAA could submit a plan at any time, and it would become effective as soon as approved and the bond posted. She could not
speculate on time needed for approval; but indicated that a couple months would be reasonable if aggressively pursued, and provided the anticipated surface impact would not be more extensive than
previous experience. Personal Opinion: I do not foresee GPAA submitting a Plan of Operation and the required bond, since they do not have resident caretakers on their claims who can monitor access and
supervise/control activities and reclamation.
As we concluded our conversation, Ms Carter emphasized that these limitations only applied to Cache Creek and the Arkansas River within the Royal Gorge F/O area of jurisdiction because of the heavy usage.
Suction dredges up to a 4" intake are still considered Casual Placer Activity
on other water ways within the Royal Gorge F/O area and, in general, on all BLM land in Colorado. Ms Carter recommended that prospectors contact the individual BLM Field Offices for requirements within their respective areas.
IMPORTANT NOTE: The BLM rules do not apply to private land, or sections of the Arkansas River running through private land. Ms Carter cautioned that she believed Colorado property rights only extend to
the center of the river when opposite banks are not owned by the same person. Also, state water rights restrict any activity that pumps water out of the water ways, or that impacts other water rights
owners. When high banking or dredging on private property, check with the property owner on these issues.
Moving on. Our club sponsored claims on the Dolores River also require a BLM approved Placer Notification Form. That area falls under the BLM Grand Junction F/O. Scott Gerwe is the resident Geologist and
I spoke with him about this years rules. There is no change to the Placer Notification Form from last year. There is no fee for the forms and they are valid for a 12 month period from date of approval.
When on the claims, you must have the approved form with you for any motorized activity. When you mail the form in for approval, include a stamped, self addressed envelope; otherwise, you will have to
visit the Grand Junction F/O to pick it up. Allow two weeks for processing. A Club Claim Access Card is also required. If your existing Claim Card expires or you do not have one, please contact me for
details, either at a club meeting, by phone or e-mail. While we are allowed to dredge and high bank as casual activities on these claims, they fall within a proposed Area of Critical Environmental
Concern and there are restrictions on surface impact. The restrictions are spelled out clearly on the Notice form.
|
