Jump to content


Photo
- - - - -

What is Recreational Mining In New Mexico?


  • Please log in to reply
27 replies to this topic

#1 homefire

homefire

    Platinum Member

  • Supporting Member
  • PipPipPipPipPipPipPipPip
  • 5,608 posts
  • Gender:Male
  • Location:Deming New Mexico
  • Interests:Electronics, Detecting, Panning, Fishing and Other Weird Stuff!

Posted 07 June 2009 - 04:51 PM

I have been looking for this for years and years in New Mexico Laws.

I have panned for years and years.

I have sluiced for years and years.

I have been visited by BLM agents while doing the same and all have just said, " How You Doing? Finding Any Thing?"

The worst thing they have done was to tell me " You Know your limit is ONE CUBIC YARD, RIGHT?" One Ranger told me I can't be digging in the side the stream bank like I was but he classed it as part of the OLD stream bank and said Blast Away!

I found this Reference in a article a while back but unable to find anything in the state Reg's other then if dumping in water you need a 404 Permit from the Army Core of Engineers.

"The state has adopted a permit system based on the amount of disturbance created. If you dry wash only 2 cubic yards a year and do not use motorized equipment then no permit is required. A general permit is required if you move 2 cubic yards per day, but no more than 100 cubic yards per year in or near water. There is also a list of 10 compliances while operating. If you are dry washing away from water the limit is 200 cubic yards a year with two acres of unreclaimed area at a time. The cost of the general permit is $50.00 per year."

Any help would be appreciated.

#2 sawmill

sawmill

    24 Karat Gold Member

  • Nugget Shooter Members
  • PipPipPipPipPipPip
  • 992 posts

Posted 07 June 2009 - 06:44 PM


Homefire
I will answer your question ,with the bare facts,and you can check everything
I say with the agencies in charge.
Panning is a recreational activity and in most areas you are totally legal unless
it has been withdrawn,or has specific regulations of some type.

The State has very little to do with mining regulations on BLM and Forest Service
land. About all they can do is regulate how a claim is marked,and how the corners
and side posts are laid out.
The State does have a lot of control,over dredging,and sluices,or any activity in
water shed areas,and streams.

The Federal Regulations are what you need to be checking. BLM and Forest Service
class Recreational mining as ,activities that are not for profit,minimum or no surface
disturbance,no mechanical digging equipment,and limited to hand tools,metal detecting,
drywashers,panning,and sample collecting.

Any activity that causes a noticeable surface disturbance,removal of plants,or trees,
mechanical digging or blasting, has to have a notice,or plan of operations.

The Lincoln National Forest has some real strict regulations in the Sierra Blanca
area. A lot of that area is off limits for even picking up a rock. Picking up a quartz
crystal there will get you into a lots of trouble.

I had claims at Jicarilla in the early 70's before the BLM took over. At that time
the district Forest Ranger was an anti mining jerk. I bumped heads with him for
awhile but he had more time and money than I did. If I had of known that things
were changing in 1976,I would have kept those claims.

At the time gold was still around $35.00 and the government controlled it. Yeah
I was prospecting when every one else thought prospectors were nuts. We were
more interested in copper,silver,and fluorspar, than gold.

On National Forest the supervisor,and district ranger can make regulations that
are site specific too. What is normal on one district,will get you hung on the next.

#3 frank c

frank c

    Platinum Member

  • Premium Member
  • PipPipPipPipPipPipPipPip
  • 4,467 posts
  • Gender:Male
  • Location:N. W. Arizona

Posted 07 June 2009 - 07:13 PM

Sawmill, Do you know how rototillers are reguarded, I have been told conflicting ideas. I have been told a rototiller is not allowed to be used, and I have been told a tiller without wheels is allowed.
I have also heard that if it is 10 horsepower or less it is O.K. ?????? I havent had the time to go to the BLM office and actually talk to someone about this. confused0013.gif
Metal detecting ,Puffer Drywashers, Gold ,Meteorites, and Good Friends
These are a few of MY favorite things.
HAPY HUNTN FOLKS

Ol Yeller Drywashers
Custom Hand Operated
Drywashers
http://olyeller.wordpress.com/

#4 homefire

homefire

    Platinum Member

  • Supporting Member
  • PipPipPipPipPipPipPipPip
  • 5,608 posts
  • Gender:Male
  • Location:Deming New Mexico
  • Interests:Electronics, Detecting, Panning, Fishing and Other Weird Stuff!

Posted 07 June 2009 - 07:50 PM

I was thinking the same.

Any and all REG's that seem to come to play are from the EPA, and other National Folks.

I worked with a MicroWave company for a number of years and delt with the BLM Rangers from time to time on issues that had to do with our sites.

Most were layed back and easy going to the most parts.

They let them build a tower on top of a hill loaded with Indian artifacts.


http://www.google.co...z...vision&cd=1




#5 sawmill

sawmill

    24 Karat Gold Member

  • Nugget Shooter Members
  • PipPipPipPipPipPip
  • 992 posts

Posted 07 June 2009 - 10:17 PM


Frank
Homefire kind of said a mouth full and it is true about BLM rangers.
A rototiller is not allowed ,but if you have a ranger that is easy going,
they may look the other way.
But if you run into one that knows the regulations and wants to enforce
them, you are dead meat.

It is like a good friend of mine,who is a County deputy said. Cops are not
as stupid as the public thinks. They know about and see all kinds of crap,
but if they wrote a ticket every time ,the whole county would be broke or
in jail,plus he would get run out of town. laught16.gif

Most just choose to act on more serious violations,and keep quite about the
other small crap. But if you run into the wrong guy,a rototiller could be trouble.

I have found that unless you have written permission ,it is not too wise to
trust or depend on agency officials or their kindness.

That nice ranger can turn on you like a pit bull too,if his boss drives by,or
someone reports it. It ain't worth losing a claim over,or getting a fine.
Never take a government official at their word,get every detail in writing,
signed,and dated. The BLM is not too bad,but the Forest Service is pure
politics and those guys don't even trust each other. ROFL.gif

#6 visitorbedrock bob_*

visitorbedrock bob_*
  • The Guests

Posted 08 June 2009 - 07:36 AM

The State indeed has jurusdiction on all BLM and even private lands as far as their permitting system is concerned. The BLM does not enforce the rules, the State does. I will post the rules by NMED as soon as I can.

The State regulated all mining activities here regardless of the land ownership. That has been since the mid 80's or very early 90's. You are supposed to have a "prospecting permit" regardless of what you are doing and if you dig more than 2 CY the permit gets mighty restrictive and expensive. If you plan on setting up ANY operation that exceeds the 2 CY limit you will need to be permitted depending on the size and scope of the operation. Up to $10,000. A small miner is considered "permit by rule" and it only costs a few bucks for the paper.

That being said I dont know a single prospector that has a permit nor have I heard of the State ever hassling someone about it. BUT, there are some mighty restrictive rules out there.

I will add the rules and statutes involved as I have time to do that. There are two agencies (NMED and Mining nd Minerals Division) that have created this and you have to comply with two different sets of State rules as well as the BLM and federal regs when on public land.

Bedrock Bob

#7 homefire

homefire

    Platinum Member

  • Supporting Member
  • PipPipPipPipPipPipPipPip
  • 5,608 posts
  • Gender:Male
  • Location:Deming New Mexico
  • Interests:Electronics, Detecting, Panning, Fishing and Other Weird Stuff!

Posted 08 June 2009 - 07:42 AM

QUOTE (bedrock bob @ Jun 8 2009, 08:36 AM) <{POST_SNAPBACK}>
The State indeed has jurusdiction on all BLM and even private lands as far as their permitting system is concerned. The BLM does not enforce the rules, the State does. I will post the rules by NMED as soon as I can.

The State regulated all mining activities here regardless of the land ownership. That has been since the mid 80's or very early 90's. You are supposed to have a "prospecting permit" regardless of what you are doing and if you dig more than 2 CY the permit gets mighty restrictive and expensive. If you plan on setting up ANY operation that exceeds the 2 CY limit you will need to be permitted depending on the size and scope of the operation. Up to $10,000. A small miner is considered "permit by rule" and it only costs a few bucks for the paper.

That being said I dont know a single prospector that has a permit nor have I heard of the State ever hassling someone about it. BUT, there are some mighty restrictive rules out there.

I will add the rules and statutes involved as I have time to do that. There are two agencies (NMED and Mining nd Minerals Division) that have created this and you have to comply with two different sets of State rules as well as the BLM and federal regs when on public land.

Bedrock Bob



Thank You Sir! woohoo.gif

#8 visitorbedrock bob_*

visitorbedrock bob_*
  • The Guests

Posted 08 June 2009 - 09:09 AM

Here are a couple of links. I included the State rules on Mining, and the permit form for prospecting. There are an entirely different set of rules for prospecting and I will post those when I find them. The rules are confusing and even the officials are confused. Still, they are what they are. I would definitely contact The new Mexico Environmental Department and speak to the mining and minerals representative to get the lowdown. These folks are definitely Greenies but they are not nessesarrily anti-prospecting. They are anti-mining. if you present yourself to them the right way you will need no permit at all. If you present yourself the wrong way you will pay $10,000 and still never be permitted.

http://www.nmcpr.sta...e19/T19C010.htm

http://www.emnrd.sta...ents/gendry.pdf

If anyone is having trouble with any of this let me know. I can offer the name and number of a contact that may be able to de-mystify this. Especially when it comes to BLM and NFS land that the State is claiming control over. Otherwise, all you really have to worry about is a "Prospecting Permit" and this is no new thing...These have been around in most mining areas since the early 1800's. Even the "2 yard limit" has language in another law that says "2 yards in the same area". The term "area" is loosely defined and has been interpreted several different ways depending on if they like you or if they dont (welcome to New Mexico!).

So, the rules are vague and can mean almost anything depending on if you are a white man, a rich man, an important man, a popular man, etc. They also can mean different things depending on which lesbian or gay State employee you happen to be speaking with...They are free to interpret it any way they want to. And then, once you have a permit it could be the wrong permit depending on if you are white, rich, liberal, etc., or depending on which lesbian or gay State employee you were speaking with.

Again, since there is virtually no one out there enforcing the laws, only picking on folks that have offended them, there are very few prospectors who even give a crap about this law. We all protested and raised hell when it was proposed, we were ignored, and so now we in turn ignore them (again, welcome to New Mexico!). I am sure that there are a few folks who have been caught withiout a permit, but I certainly dont know any of them. This was simply a way to get some money out of a few big companies proposing operations in the State during the early 90's. It had very little to do with the environment or anything else, and now only a few zealots in the employ of NMED care about it.

So, that should clear it all up! It is perfectly confusingly clear, and that is the way that we like our laws here.

Bedrock Bob


#9 homefire

homefire

    Platinum Member

  • Supporting Member
  • PipPipPipPipPipPipPipPip
  • 5,608 posts
  • Gender:Male
  • Location:Deming New Mexico
  • Interests:Electronics, Detecting, Panning, Fishing and Other Weird Stuff!

Posted 08 June 2009 - 09:24 AM

Thank You!

Yep Clear as Mud.

From what I have found out even a sluice would require a 404 permit as your working in the water.

I think I will just keep a clean camp and stash the beer cans.

Some place in that Quagmire is mention of the 1 cubic yard thing.

Seems to have worked so far. innocent0009.gif


#10 visitorbedrock bob_*

visitorbedrock bob_*
  • The Guests

Posted 08 June 2009 - 09:49 AM

QUOTE (homefire @ Jun 8 2009, 10:24 AM) <{POST_SNAPBACK}>
Thank You!

Yep Clear as Mud.

From what I have found out even a sluice would require a 404 permit as your working in the water.

I think I will just keep a clean camp and stash the beer cans.

Some place in that Quagmire is mention of the 1 cubic yard thing.

Seems to have worked so far. innocent0009.gif


Yes, the only real threat from the State is when you are working on a watercourse. This is the only area of enforcement that they do with any effectiveness. I had a lady from the State "Water Quality Division" claim that she had been "looking for me for six months" for running a dredge operation on "Cold Springs Creek". I pointed out to her that we were standing in Cold Springs Canyon, that it was a dry canyon, and that I was running my material dry from a saddle 1/4 mile above the canyon bed. That all of my corners were posted with my contact info, and that I had seen her drive up the canyon each Saturday for weeks now, right past my operation... She told me she was looking for a dredge operation that was causing excessive turbidity in Cold Springs Creek, and her "contact informant" told her that it was me. I told her if she could make Cold Springs Canyon run water I would apply for a dredge permit and give her a dredge operation to find. Until I got water I was running a dry operation up on the hilltop where the gold was located.

She left promising to stop "whatever it was that I was doing in the canyon". I offered to show her the operation but it was a 300 yard walk up the hill so she declined. I never heard from her since, I have never got a permit from the state, and I have never had a problem with any State official on the claim. There have been several mid sized permitted (by BLM) operations in the area and none have ever got a state permit to my knowledge. Even when MSHA showed up and closed a couple of small placer plants down for violations I never heard of the State using that info to check their permits. I was told by the BLM claims adjudicator that if I wanted to be aproved for a permitted operation that the BLM was now requiring that State law be met, and so they would require me to get a State permit, but since all of my activities are not required to be permitted by BLM then that is a moot point.

I have often thought I was going to apply for a State permit just for the fun of it. It would be worth the $50 just to see them try to figure out their own rules.

Bob


#11 homefire

homefire

    Platinum Member

  • Supporting Member
  • PipPipPipPipPipPipPipPip
  • 5,608 posts
  • Gender:Male
  • Location:Deming New Mexico
  • Interests:Electronics, Detecting, Panning, Fishing and Other Weird Stuff!

Posted 08 June 2009 - 10:08 AM

They can get Persnickety about water. I know a guy that received a $500.00 ticket just because he had tethered his horses to close to the water over night. angry-smiley-010.gif

When I use my sluice 12" I am subject to getting beat up.

The 404 permit is location specific and that sucks!



#12 visitorbedrock bob_*

visitorbedrock bob_*
  • The Guests

Posted 08 June 2009 - 10:41 AM

QUOTE (homefire @ Jun 8 2009, 11:08 AM) <{POST_SNAPBACK}>
They can get Persnickety about water. I know a guy that received a $500.00 ticket just because he had tethered his horses to close to the water over night. angry-smiley-010.gif

When I use my sluice 12" I am subject to getting beat up.

The 404 permit is location specific and that sucks!



Yes! The main sticker in the State's rules are an exact location. For any permit! I wouldnt worry about it though, because they are all some politico's wife, neice or nephew and very few have the ability to find their ass with both hands. "Follow through" with these folks are non existent, and the clerks that do the permits probably have no database to track and review the permits anyway. A lot of records are paper here, and if they are required to be kept, they are sent to a basement in the State Archives building every few years. That basement regulaly floods and records are detroyed, so the chances of anyone even knowing that you have recieved a permit is slim.

A New Mexican governor a long time ago discovered how nice it is to be able to destroy all of the State records. His excuse was that it is cold here and they needed fuel for warmth so the records were burned. Now the excuse is that the building they are stored in leaks badly. Destroying evidence has been a fashionable thing to do here for 300 years, and I would wager that you could put about any cordinates you wanted to on that permit and there would be only a handfull of people that even knew what the numbers meant. Fewer still that would act on that info, and maybe one single person that even knows if the records actually exist after a year or two.

Hey, dont fear resrictive rules when the organization that enforces the rules is so screwed up they cant even make payroll without big mistakes. This state is focused on getting a big stimulus out of that stimulus package. They just dont have time to play with their silly rules or do much of anything except swim in piles of taxpayer funds lately. It has always been a free for all here, but now it is an opportunists paradise. People can do almost ANYTHING they want to with impunity, as long as you dont hurt someone or someone else does not take exception to it. Hey, they are doing it so why cant we do it too?

So, do what you feel man! Our leaders are asleep or busy getting richer. Unless you interfere with their sleep, or cost them a buck or two they dont really care what you do. We may as well take advantage of that while we can, because when that money runs out they are going to want even more and then the screws will begin to tighten.

Bob


#13 homefire

homefire

    Platinum Member

  • Supporting Member
  • PipPipPipPipPipPipPipPip
  • 5,608 posts
  • Gender:Male
  • Location:Deming New Mexico
  • Interests:Electronics, Detecting, Panning, Fishing and Other Weird Stuff!

Posted 08 June 2009 - 01:37 PM




Some of these folks we deal with have a mean streak.


Another Person I know is a VET , sorta messed up and has a problem dealing with people with slanted eyes and such.

He decided he was going to do the Grizzly Addams thing and headed up in to the Gila Forest for a spell.

He had been up there 6 months and was caught out by a Forest helicopter in a spot no man had been in a looooooong time.

They sent mounted rangers out to see what he was up too.

They arrested him and his two mules!

He spent 90 days in jail for grazing with out a permit. It seems your only allowed to injoy YOUR FOREST for Two Weeks at a time. laught16.gif


#14 sawmill

sawmill

    24 Karat Gold Member

  • Nugget Shooter Members
  • PipPipPipPipPipPip
  • 992 posts

Posted 08 June 2009 - 08:52 PM

As usual I can see that this went to left field.
The rules are not vague only taken out of context ,and mis read.
Look at the exclusion in the link Bedrock posted. All permits are
only for operations above notice level,except dredge,and sluice permits.

Anything requiring a notice level or above is commercial. The States do
issue environmental permits for those,and regulate mine safety,and
reclamation , Also a commercial operation is subject to Federal,and County
permits.

There is a reason no one from the state hassles recreational prospectors on
Federal Land. They are exempt from State rules except dredging,or sluicing.
The 2 yard thing can not be enforced by the State,on Federal land,because
it conflicts with Federal mining regs. The BLM and Congress defines what is
casual use on BLM or Forest Service land. Sometimes the commie government
of New Mexico issues decrees they can't enforce.

The State of New Mexico does allow recreational prospecting on State land
with a permit. They can regulate recreational prospecting on their own land,
but have no authority to change Federal law on Federal land.

I have posted the rules from two National forests in New Mexico,all the other
forests,and BLM have the same rules. The only State permit they require is a dredge
or sluice permit on some streams. Some require a Forest Service permit only.Attached File  Jump_to_the_main_content_of_this_page.htm   57.31KB   142 downloadsAttached File  Recreational_Prospecting.htm   62.58KB   150 downloads






#15 homefire

homefire

    Platinum Member

  • Supporting Member
  • PipPipPipPipPipPipPipPip
  • 5,608 posts
  • Gender:Male
  • Location:Deming New Mexico
  • Interests:Electronics, Detecting, Panning, Fishing and Other Weird Stuff!

Posted 09 June 2009 - 08:14 AM

So keeping to the limits of two cubic yards a None Mechanized Sluice is cool?



19.10.3.300 EXCLUSION Prospectors, gold panners and rock collectors causing no or very little surface disturbance with their activities are excluded from the requirements of the Act and 19.10 NMAC pursuant to the definition of "Exploration," in 19.10.1 NMAC. Excavation(s) by one operator totaling greater than 2 cubic yards per year or the use of mechanized mining equipment, including mechanized sluices or dredges, are not eligible for this exclusion.
[7-12-94, 2-15-96, 12-14-96; 19.10.3.300 NMAC - Rn, 19 NMAC 10.2.3.300, 05-15-2001]



19.10.3.301 GENERAL PERMITS

A. Validity

(1) Operators must have a valid permit prior to commencing operations.

(2) A general permit for operations not occurring in intermittent streams, perennial streams or other bodies of water is valid for a period of one year once the applicant has submitted a signed copy of the general permit application to the Director.

(3) For general permit operations occurring in intermittent streams, perennial streams or other bodies of water, the permit is valid for a period of one year once the applicant submits a signed copy of the general permit to the Director and the Environment Department sends the Director a copy of a certification from the Environment Department stating that water quality standards are expected to be met if the operation is conducted as described.

(4) General permits must be submitted for renewal at least 10 days prior to expiration.

B. Mining operations not occurring in intermittent streams, perennial streams or other bodies of water may apply to the Director for a general permit if they meet the following requirements:

(1) the operation does not have any of the disqualifying characteristics listed in Subsection M, Paragraph 2, Subparagraphs a through i of 19.10.1.7 NMAC

(2) not excavate greater than 200 cubic yards per year, with no more than 25 cubic yards and no more than 2 acres of unreclaimed surface disturbance at any time with all new disturbances including roads included in these amounts. For the purposes of this paragraph “unreclaimed” means the failure to meet the commitments of Subsection D, Paragraph 2, Subparagraphs b through d of 19.10.3.301 NMAC; and

(3) not cause a discharge of process water or drilling mud.

C. Mining operations occurring in intermittent streams, perennial streams or other bodies of water may apply to the Director for a general permit if they meet the following requirements:

(1) the operation does not have any of the disqualifying characteristics listed in Subsection M, Paragraph 2, Subparagraphs b through i of 19.10.1.7 NMAC.

(2) not excavate greater than 2 cubic yards per day and 100 cubic yards per year;

(3) maintain a distance of at least 50 yards from other mining operations;

(4) not excavate into stream banks; and

(5) not drill

D. An application for a general permit shall be on the form approved by the Director and will include the following:

(1) The name and address of the operator, and location of the operation;

(2) A commitment from the applicant to comply with the following requirements:

(a) not to exceed the applicable characteristics of Subsection B of 19.10.3.301 NMAC or Subsection C of 19.10.3.301 NMAC;

(b) regrade the disturbed area to blend into and compliment the drainage pattern of the surrounding terrain upon cessation of operations;

© revegetate the disturbed area with a seed mix appropriate for the surrounding area upon cessation of operations;

(d) minimize erosion and sedimentation by use of best management practices;

(e) safeguard against hazards to the health and safety of humans and domestic animals;

(f) agree that the operation is subject to the inspection, enforcement and penalty provisions of 19.10.11 NMAC;

(g) provide information necessary to meet other requirements specified by the Director which are necessary to meet the definition of "minimal impact mining operation" Subsection M, Paragraph 2 of 19.10.1.7 NMAC or achieve reclamation;

(h) agree to complete the requirements of Subsection D, Paragraph 2, Subparagraphs b through e of 19.10.3.301 NMAC prior to expiration of the permit; and

(i) comply with applicable state and federal requirements and standards; and

(3) A signed statement by the operator agreeing to allow the Director to inspect the operation, and to follow the terms of the general permit.

E. Operations meeting the general permit provisions are not required to provide financial assurance. An application fee of $50.00 is required. General permit inspections are at the Discretion of the Director.

F. Operations not excluded from the Act or not eligible for a general permit must meet the requirements of the definition of "Minimal impact mining operation" in 19.10.1.7 NMAC in addition to the specific requirements set forth below for each type of operation in order to be granted minimal impact status. If the operation does not meet minimal impact status it must be permitted in accordance with 19.10.4 NMAC, 19.10.5 NMAC or 19.10.6 NMAC.

[7-12-94, 2-15-96, 12-14-96, 12-29-2000; 19.10.3.301 NMAC - Rn, 19 NMAC 10.2.3.301, 05-15-2001; A, 05-31-2001]





#16 visitorbedrock bob_*

visitorbedrock bob_*
  • The Guests

Posted 09 June 2009 - 10:22 AM

Well, I am not going to argue here. Sawmill is mistaken about the permitting for recreational prospecting, but the point is a moot one anyway. The State requires a permit for anything, anywhere. If it is "minimal disturbance" or "permit by rule" the permit is just a formality, but it is required, and the BLM acknowledges it. Whether on private, state, federal or otherwise it is the rules for mining and prospecting in this state. If you plan on running 2 CY or less you STILL have to be permitted, but the permit is for recreational prospecting, and I did not post those rules, only for permitted mining. So whatever you are interpreting to be out of scope in the rules above, there are a completely different set of rules for prospecting that I did not post, that encompasses that type of activity.

Rather than turn this into another big debate I will just let you all figure it out for yourselves. If you really want to know what the rules are simply call NMED and find out for yourself.

So rock on!

#17 homefire

homefire

    Platinum Member

  • Supporting Member
  • PipPipPipPipPipPipPipPip
  • 5,608 posts
  • Gender:Male
  • Location:Deming New Mexico
  • Interests:Electronics, Detecting, Panning, Fishing and Other Weird Stuff!

Posted 09 June 2009 - 10:29 AM

Your Help is appreciated Bob! Thank You.

The jerks can't just come out and say the way it is. They bury the facts in bull crap and just keep referencing the references that they referance! Huh_anim].gif

#18 homefire

homefire

    Platinum Member

  • Supporting Member
  • PipPipPipPipPipPipPipPip
  • 5,608 posts
  • Gender:Male
  • Location:Deming New Mexico
  • Interests:Electronics, Detecting, Panning, Fishing and Other Weird Stuff!

Posted 09 June 2009 - 02:21 PM

Ok!


Step One.

E-mail sent to Miss Nina.Wells@state.nm.us

Incharge of Water preservation and Mining Concerns.




Mam:



May name is xxxxxxxxxxxxxxxxxx.



I have been trying to determine if Recreational Gold Panning and or Use of a None Mechanized Sluice requires any permit .



Could you please provide any and all requirements related to this?



Thank You for your assistance.





#19 visitorbedrock bob_*

visitorbedrock bob_*
  • The Guests

Posted 09 June 2009 - 04:20 PM

And Ms. Nina Wells works just two blocks from my office. Post her response and any questions that you may have I will go personally and ask her! The previous director of her agency is now the politically appointed director of my agency, so there is some clout connection there and I can definitely get specific answers!

...Although I really dont care what the rules are anymore. It is WAY past that point for me. I just do it and feel very confident that there is no one out there that will take exception anyway.

When this rule was proposed they had several public input meetings that went rather badly. Both "sides" conducted themselves with complete disregard for the other. At that time ANYONE that dug ANYTHING had to have a permit, although it was only a formality for small prospectors. The specific question was asked about metal detectors in that meeting and the State was clueless...they never thought about that. The official answer at that time was "yes, if you dig at all you need the paper". This is always how I have thought that it was. Things may have changed, and I may have been given incorrect info, but in the years past I have confirmed this at least three times. Even if you dig less than 2 cy you are "permit by rule" and you still have to fill out a form each year and get a permit. And yes, it has a specific location. I filled out the forms myself at one point because the word on the street was they were going to hire some State inspectors to come to Hillsboro and enforce it. I never sent the paper to Santa Fe, so who knows what the deal is? I never have seen a State inspector other than the water quality lady. Same department, different division.


Bedrock Bob

#20 homefire

homefire

    Platinum Member

  • Supporting Member
  • PipPipPipPipPipPipPipPip
  • 5,608 posts
  • Gender:Male
  • Location:Deming New Mexico
  • Interests:Electronics, Detecting, Panning, Fishing and Other Weird Stuff!

Posted 10 June 2009 - 04:59 PM

Nina handed it off to the individual who does the Permits.

Response below.




RE: Any and all permits required for Recreational Gold panning or none mechanized sluice‏
From: Hollen, James, EMNRD (james.hollen@state.nm.us)
You may not know this sender.Mark as safe|Mark as junk
Sent: Thu 6/11/09 5:12 AM
To: Schaeffer, Neal, NMENV (neal.schaeffer@state.nm.us); berquistj@q.com
Cc: Wells, Nina, NMENV (nina.wells@state.nm.us)
1 attachment
WET_Gener...pdf (22.8 KB)


Mr. xxxxxxxxxx:



The New Mexico Mining and Minerals Division has received your emailed inquiry, forwarded to me from the New Mexico Environment Department, Surface Water Quality Bureau. Within the email you request information regarding permits for gold panning and non-mechanized sluicing within New Mexico waters and, whether your proposed activities (gold panning and on-mechanized sluicing) require any permits and/or any fees.



Section 19.10.3.300 NMAC of the New Mexico Mining Act Rules (Rules) states that:



Prospectors, gold panners and rock collectors causing no or very little surface disturbance with their activities are excluded from the requirements of the Act and 19.10 NMAC pursuant to the definition of "Exploration," in 19.10.1 NMAC. Excavation(s) by one operator totaling greater than 2 cubic yards per year or the use of mechanized mining equipment, including mechanized sluices or dredges, are not eligible for this exclusion.



In accordance with Section 19.10.3.300 NMAC of the Rules, MMD does not require any permits or fees for such recreational activities you have described (gold panning and sluicing) and that are not utilizing any mechanized power equipment and do not disturb or excavate more than 2 cubic yards per year.



However, should you propose to ever conduct any mining activities within New Mexico waters that are not covered by the exclusion described above and, in which you intend to disturb or excavate more than 2 cubic yards per day and 100 cubic yards per year using mechanized mining equipment, including sluices and dredges; you must apply to the MMD by submitting an application for a General Wet Mining Permit and include the $50 Permit Application Fee for such operations. I have attached a copy of the General Wet Mining Permit Application for your information.



In case you are having difficulty due to the incorrect State of NM contact and regulatory information published within the GPAA Mining Guide, I have a copy of the Guide and I am aware that there are significant errors in regard to the published contacts shown therein and I have since been in touch with the GPAA Mining Guide Publisher and have informed them of these errors; we are currently working with the GPAA to provide this information so that the correct permitting and regulatory information, as well as, the correct contact information is published within the updated edition of the GPAA Mining Guide.



If you have any questions regarding the New Mexico Mining Act Rules or the attached Application, please call me at (505) 476-3436.



Sincerely,



________________________________________

James Hollen - Senior Mine Reclamation Specialist/Geologist

Mining Act Reclamation Program, Mining & Minerals Division

New Mexico Energy, Minerals & Natural Resources Dept.

Wendell Chino Building - 3rd Floor, Rm. 360

1220 S. St. Francis Dr. - Santa Fe, NM 87505 - USA

505/476-3436 - james.hollen@state.nm.us

Visit us on the Web at: www.emnrd.state.nm.us








0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users