ARIZONA MINING PERMITTING GUIDE - AZGS Document Repository

TOPIC
Non-
Compliance
Residential
Occupancy
Arizona Mining Permitting Guide
FOREST SERVICE BUREAU OF LAND MANAGEMENT
basis upon which the agency
requires changes or modifications
to the plan of operations if
needed and serve as a basis for
development of required
mitigation measures.
Operator’s failure to comply with
36 CFR 228 regulations or
approved operating plans, which
results in surface resource
damage, will result in being
served a Notice of Non-
Compliance. Continued noncompliance
can result in court
actions. In cases where
unnecessary or unreasonable
damage is occurring and where
reasonable attempts fail to obtain
an operating plan or to secure
compliance with an approved
operating plan, the operator may
be cited for criminal violation (36
CFR 261 or 262).
A claimant to an unpatented
mining claim is entitled to uses of
the surface that are reasonably
necessary to the accomplishment
of a bona fide prospecting,
exploration, mining and
processing of locatable minerals.
In order for structures to be
authorized under the U.S. mining
laws and regulations requiring the
management of surface resources,
two conditions must be met.
First, the structure must be
reasonably necessary for use in
prospecting, mining or processing
of locatable mineral resources
and, second, the structure must be
covered by an approved operating
plan. Occupancy is generally not
authorized except in special
36
operation involving occupancy under 43 CFR
3715 requires NEPA analysis. Most occupancy
at the casual use and notice level in Arizona are
covered by a programmatic EA. Operations
disturbing more than 640 acres always require
an EIS.
BLM may issue various types of enforcement
orders, including Noncompliance and
Suspension orders under 43 CFR 3809 or an
Immediate Suspension, Cessation Order or
Notice of noncompliance pursuant to 43 CFR
3715. Failure to comply with a BLM order may
result in civil or criminal penalties.
Can occur at casual use level, under a Notice or
a Plan when requirements of 43 CFR 3715 are
met. Generally no occupancy authorized except
in cases where production is occurring
continuously and/or there is a need to protect
the public, equipment or valuable minerals from
accidents, theft or loss.