Field Work
5–1 Preliminary: The first step in the field work should be an examination of the property with the claimant or his representative, unless such an examination was made prior to contracting for the survey. A sufficient number of claim corners should be visited to determine the material used, their condition, manner of marking, etc. In the course of such an examination, the claimant should point out known section corners, location monuments and triangulation stations, both of the U.S. Geological Survey and the National Geodetic Survey. The claimant may also be able to identify corners of adjoining and conflicting surveys and locations. If the property is extensive, the claimant may have established his own triangulation network and coordinate system, and if so, it should be incorporated into the survey, although not necessarily made a part of the official record.
All the discovery workings should be visited, the discovery points and discovery monuments pointed out. Other workings should be visited and the safety of old underground workings discussed. Maps of underground workings may be available. Workings constructed by third parties should also be identified.
Relations with landowners and other claimants in the area may be established with the help of the claimant. In addition to gaining access to the property and to their property for the purpose of executing the survey, they may have helpful information as to the location of section corners and the origin of fences.
If access is refused, it may be necessary to obtain help from the U.S. Marshall, but if properly handled in advance of the field work, the necessary permission will usually be granted. The fact may be stressed that you are a government official and that your work will be impartial. Emphasize that as a qualified surveyor, you are bound to protect all valid interests, property rights, and evidence.
Copies of the claimant’s maps of the property showing the claim boundaries, discovery and other workings and access roads should be obtained from the claimant. The claimant may also have aerial photos which will be helpful in planning the survey.
Descriptions of all triangulation stations should be obtained. The plat and field note record of all prior mineral surveys in conflict or adjoining, as well as a copy of the connected sheet should be ordered, if not previously furnished with the survey order. The county records pertaining to surveys and particularly the restoration of section corners should be searched. The county surveyor may be helpful.
If the field examination reveals that there are insufficient location corners on the ground to identify the claims, an amended location survey with the resulting amended location certificates and request for an amended order for survey will be necessary.
5–2 Survey Methods: The preliminary field examination will suggest the best method of survey. This will be dictated largely by the nature of the terrain and the amount of timber and brush. Modern methods employing theodolites and electronic distance measuring equipment should be used. Regardless of the method used, the work must be sufficiently checked to assure that errors will be avoided. Most errors occur when adjusting corners to their final position.
EXECUTING A MINERAL PATENT SURVEY
(Transit and Tape Method)
5–3 Executing the Survey: The survey is usually initiated by retracing the boundaries of the location, or tying-in the corners, along with the discovery monuments and discovery points. Readily identified corners of conflicting surveys and section corners should also be tied in. The relative positions of the corners and discovery points are then determined by calculated bearings and distances. If the boundaries are within the statutory length and width (1500 x 600 ft.), the end lines are parallel and the sidelines are within 300 feet on either side of the discovery point, the survey may proceed.
If only small corner moves of a foot or so will make the claim conform, an amendment is hardly necessary; otherwise, the corners should be moved and amended location certificates filed.
A single claim may be surveyed within the location boundaries, without amendment, as long as the above conditions are met.
New discoveries may be necessary, but if intervening rights are suspected, it is better to hold to the original discovery points and stake fractional claims as required.
If the deposit is a blanket vein or massive deposit, the discovery may be anywhere within the claim, except in Wyoming where State law requires that the side lines be equidistant from the discovery.
If no public land survey corners or location monuments (or other horizontal control stations) can be found within two miles of the survey it will be necessary to establish a location monument. The requirements are given in Sections 10–32, 33 and 34 of the Manual of Surveying Instructions. There was a period when these monuments were called “Mineral Monuments” and were designated “U.S.M.M.”
Conflicts with prior mineral surveys must be determined. It is necessary to search for each corner controlling a line in conflict. One corner is insufficient if others can be found. If the necessary corners cannot be found the boundaries shall be reestablished (not remonumented since the property belongs to another party) in accordance with the methods set forth in Chapter VI.
Conflicts with unsurveyed locations are not to be shown unless it is the wish of the claimant to exclude them from his patent. If they are prior locations, it may be well to do this in order to avoid an adverse suit. Conflicts with unsurveyed locations owned by the claimant and not a part of the survey need not be shown and excluded unless the area of conflict contains the discovery of the unsurveyed location. In cases where two claims of the survey are in conflict, the discovery of each claim may not be within the area of conflict. If so, an amended location is necessary to show a new discovery for one of the claims, outside the area of conflict.
If fee lands with mineral rights are in conflict, a subdivision of the section(s) may be necessary. This will depend on the wishes of the claimant and the Bureau of Land Management. An extensive resurvey that would place a hardship on the claimant should not be required. If a subdivision can readily be accomplished, it should be done.
It is not necessary to fix the boundaries of stock-raising homesteads since the minerals are reserved to the United States and belong to the mining claim in areas of conflict.
Special surveys such as townsites, Homestead Entry Surveys, U.S. Surveys and Coal Surveys in Alaska are treated as are prior mineral surveys. Rights-of-way should not be shown as the minerals are reserved, and when the right-of-way is abandoned, the surface reverts to the mining claim. In Alaska, native graves must be tied-in. Cemeteries should be shown.
Figure 5 shows Sur. Nos. 1234 A lode and 1235 B lode in conflict with the XYZ lode that is being surveyed for patent. Cors. Nos. 1 and 4 of Sur. No. 1234 A lode control the line of conflict with that claim. If they can be found, no further search is necessary; if they cannot, the search must be continued for Cors. Nos. 2 and 3. In the case of Sur. No. 1235, all four corners are required to be found in order to properly show the conflict.
Figure 6 shows the ABC and XYZ lodes, both of which are being surveyed for patent under the same survey order. The discovery shafts of both claims are in the area of conflict. In order to validate the claims, a new discovery must be shown for one of them, outside the conflict. It need not be the later claim as the owner has the right to decide which claim shall exclude the conflict.
If amended location certificates are filed for record, it will be necessary to make an amended application for survey to the Bureau of Land Management based on the amended certificates, and receive an amended order for survey. It will not be necessary to suspend field work pending such amendment, but it is advisable to refrain from marking the corners and accessories with the survey number until the amended order is received.
MINERAL PATENT SURVEY CORNERS
Top: a copper coated steel pin with brass cap. The location monument is set alongside.
Bottom: a stone corner chiseled with the corner number, the initial of the claim and the survey number.
FIG. 5
FIG. 6
5–4 Monumenting the Survey: Section 10–35 of the Manual of Surveying Instructions, 1973 lists corner monuments in their order of preference.
Accessories to the corner generally consist of bearing trees or bearing rocks. If trees are available, two different species at approximately right angles from each other to the corner should, if possible, be selected and marked differently so that each can be readily identified. For example: one might be a Douglas Fir, 10 inches diameter, bears N. 10° E., 20.65 feet dist., blazed and scribed 1 W—2826 X BT; the other a Ponderosa Pine, 7 inches diameter, bears S. 70° E., 12.52 feet dist., blazed and marked X BT. In each case the measurement should be taken to the X which is in contrast to the bearing trees to section corners, the measurement being taken to the center of the trees. If the measurement is to the center of the tree, an X should not be included in the markings.
The difference between a pine, spruce and fir can be identified by the needles, the pine having needles in bundles, the spruce having needles square in cross section, and the fir having flat needles.
Bearing rocks should be marked X B O or X B R with the measurement taken to the X; the rock or outcrop being of sufficient size to be readily identifiable.
Ties along claim boundaries to items of planimetry and drainage surrounding the corner may be taken at this time. Ties to section corners, location monuments and triangulation stations may also be made at this time if they are close to a corner.
There is no objection to monumenting corners that fall on patented land. If they fall in a cultivated field they should be buried at least one foot in the ground. If the landowner objects, a witness corner may be set. Witness corners should also be set if the corner falls at an inaccessible point (see Section 4–17 of the Manual of Surveying Instructions). If the corner falls in a road, it is advisable to bury the corner at the true point and set reference monuments at equal distances on either side of the road (see Section 4–16 of the Manual of Surveying Instructions).
Location posts, such as a 4×4 post in good condition, may be set alongside the patent survey corners as a guard post and to aid in calling attention to it.
In selecting corner numbers, there is no rule other than Cor. No. 1 should be the corner from which the tie is given to the section corner or location monument. When surveying a block of claims common corners should be given the same number thereby reducing the number of section corner ties required from Cor. No. 1. This facilitates field note writing as well as platting.
5–5 Improvements: All improvements made by the claimant or his grantors are to be tied to a corner of the survey, measured, and a value placed thereon if they are such as to count toward the $500 patent expenditure. If they are to count as patent expenditure, they must be in the nature of actual mining improvements, such as cuts, tunnels, shafts, drill holes, etc.; in other words, an improvement that tends to develop or explore the mineral deposit.
Improvements such as cabins, ore bins, roads, bridges, etc., do not develop the claim, but should be tied in, measured and included under “OTHER IMPROVEMENTS” in the field notes, without a value.
Work done by third parties must also be tied-in and listed under “OTHER IMPROVEMENTS.” If the claimant to such work is unknown, that fact should be stated. Again, no value is to be placed on these improvements.
The value to be placed on small improvements can readily be ascertained by multiplying the local wage or cost of equipment and operator by the length of time required to do the work. Drill holes may be valued at the cost of drilling, plus the cost of surveying, geologic evaluation and assaying. Larger improvements may not be as easy to estimate, and it may be necessary to go to the claimant’s cost records in order to place a reasonable value on them.
Common improvements require special consideration. See Sections 10–55, 10–56, and 10–57 of the Manual of Surveying Instructions. A common improvement is one that tends to benefit several claims of a common group. It must have been constructed in its entirety subsequent to the location of each claim of the group, or at least $500 must have been spent on the improvement subsequent to the location of each claim of the common group. All claims within range of benefit must be included, even though they were previously surveyed, or if they are locations which are not included in the survey. The field notes must recite all the claims involved, whether previously surveyed or unsurveyed.
OPEN PIT MINES
AN ACCESS ROAD IN RUGGED AREA. SUCH ROADS DO NOT AS A RULE COUNT TOWARD PATENT EXPENDITURE.
AN ADIT (TUNNEL) LEADING TO EXTENSIVE UNDERGROUND WORKINGS
Improvements need not be surveyed with the same accuracy as the claim boundaries. Stadia measurements are acceptable, although they should be made with a Philadelphia Rod and distances kept under 500 feet. Small workings may be measured with a Brunton Compass and steel tape, but some point of the working, such as the mouth of a tunnel or cut, must be tied to a corner of the survey using a transit.
Surveys of extensive underground workings may be taken from the claimant’s records if such surveys were executed under the supervision of a mining engineer.
Extreme care should be exercised in entering old workings. In addition to unsafe timbering, they may be poorly ventilated resulting in bad air that could be fatal. Rather than risk an accident, the extent of such workings can be estimated from the size of the dump.
Ties to discovery workings require special mention in view of the directive from the Assistant Director of Technical Services, Washington, D.C., dated March 15, 1978.
Normally the discovery working is on the lode or intersects it and a tie is given along the lode line to the point of discovery, such as the face of the discovery cut, the mouth of the discovery tunnel, the center of the discovery shaft, etc.
However, in the case of blanket veins that are essentially horizontal a presumed lode line or center line need not be shown, and the discovery working may be anywhere on the claim. In such cases, the tie may be given from the nearest corner of the survey and included in the description of that corner, or a right angle tie may be given from a point on the nearest end line.
Where a discovery has been made by a hole drilled on an angle, a bearing and distance will be given from the collar of the drill hole to the point where it intersects the orebody, the collar of the hole will in turn be tied to the section corner or location monument. The description of the hole will necessarily include the verticle angle and the slope distance. This does not apply to Wyoming where State law requires that the discovery be on the center line.
5–6 Placer Claims: Placer claims that do not conform to the legal subdivisions of the public land survey will require a patent survey. When such claims are on unsurveyed land they should be conformed as nearly as possible to the protracted survey.
If the claims consist of a gulch placer they must be contained within the required number of 40 acre tracts according to the number of locators.
Metes and bounds placers are also permissible where conflicts with other mining claims would result if a description by legal subdivisions was used. In such cases, the placer claim must be surveyed around existing claims, so that no conflict exists.
The field notes of a placer claim must also contain a descriptive report as called for in the Code of Federal Regulations, 3863.1–3(c). The information required in the descriptive report was omitted from the 1973 Manual of Surveying Instructions but was contained in the 1947 manual as follows:
“The mineral surveyor is required to make a full examination of all placer claims at the time of survey ... and to file with his field notes a descriptive report ... duly corroborated by one or more disinterested persons and covering the following items:
(a) The quality and composition of the soil, the kind and amount of timber and other vegetation;
(b) The location and size of streams, and such other matter as may appear upon the surface of the claims;
(c) The character, extent, and position of all surface and underground workings for mining purposes;
(d) The proximity of centers of trade or residence;
(e) The proximity of well-known systems of lode deposits or of individual lodes;
(f) The use or adaptability of the claim for placer mining, including the availability of water in sufficient quantity for practical operations;
(g) Works or expenditures made by the claimant or his grantors for the development of the claim; and,
(h) The true position of all known mines, salt licks and salt springs, and mill sites. When none is known to exist on the claim, the fact will be so stated.”
A URANIUM MILL
A URANIUM TAILINGS OR EVAPORATION POND
5–7 Mill Sites: Modern day mining and milling require sizable areas for waste storage, tailings and evaporation ponds. Camp sites, including schools, may be required for personnel employed at the mine or mill. Such areas are properly taken as mill sites and a large number may be required. They may be taken by legal subdivisions but often are surveyed, either with lode or placer claims or separately. If they are included in a survey with lodes or placers the survey number includes the letter “B”, while the other claims are designated “A”.
A mill site is not a valid location until it is put in use; therefore, all improvements and projected improvements should be shown. If the ground is to be used for a tailings or evaporation pond, the dam should be shown with its ultimate height and the high water line of the pond delineated by the survey.
It is also important to demonstrate the non-mineral character of the land. In the case of adjoining blanket deposits such as uranium, a few scattered drill holes will show the absence of a mineral deposit.