5–20 A new survey is required if the claim boundaries are changed by amendment after the original survey is approved. Section 10–62, page 226 of the Manual of Surveying Instructions states: “An amended survey must be made in strict conformity with, or be embraced within the lines of the original survey.” A new survey is also required where the claim has been abandoned and relocated by another.
5–21 Expenditure of $500 After the Survey is Approved: Supplemental notes based on a supplemental order for survey, either to the original mineral surveyor or another mineral surveyor, must be submitted and attached to the original field notes. The supplemental notes must contain a full description of all improvements. If the additional expenditure applies only to one claim of a group, only the expenditures of that claim need to be recited. Current Form 3860–8, Certificate of Expenditures, must be executed and attached to the claimant’s copy of the notes for filing with the patent application.
5–22 If patent is applied for long after the survey was approved, a statement from the Chief, Branch of Cadastral Survey, will be required by the Branch of Land and Minerals to the effect that the plat correctly shows all conflicts, or listing the later surveys with which a conflict exists.
If later surveys did not exclude the survey in question, the plat will be returned by the Branch of Land and Minerals for amendment, and amended notes will have to be written. If the applicant is not the same as the claimant shown at the time of the survey, he is entitled to use the survey provided he can show a chain of title. If he does not have the necessary plats and notes, the Branch of Cadastral Survey will supply him with the necessary copies. The claimant bears all costs.
5–23 Occasions have arisen where a claim or survey excluded from the patent is later abandoned. A supplemental application for patent may be made for the excluded ground. The procedure to be followed is the same as given in 5–22 above. Copies of the plats, including those for posting and the notes must be furnished the applicant.
5–24 Patent Applied for in Two Parts: When only a part of the claims of a survey are applied for and patented, and later application for patent is made for the remaining claims, a copy of the plat, or if the plat is in more than one sheet, the sheets showing the claim, must be posted, and a copy, together with a transcript of that portion of the field notes pertaining to the claims, filed with the Branch of Lands and Minerals at the time the supplemental application for patent is made. If not all sheets of the plat are used, be sure that the ones used show all ties and pertinent information.
CHAPTER VI
Resurveys
6–1 Restoration of Lost Corners: There is no hard and fast rule for establishing missing corners of mining claims. The method should be selected that will give the best results, bearing in mind that end lines should remain substantially parallel. Ordinarily, the mineral surveyor should not remonument a restored corner; at least, it should not be done without the full knowledge and approval of the owner. A cadastral surveyor may remonument a corner if it is necessary to delineate the boundary between public and private land. As with all lost corners, the corner of a mineral survey should be reestablished from the best available evidence and in such a configuration that will place the lines as nearly as possible to their original position. The ties to bearing trees and objects should be used first. In fact, if such accessories are present the corner is not lost.
Second in order of preference is the use of short ties to or from adjoining surveys. A word of caution in using other mineral survey ties: In Colorado, and presumably in other states, there was a period where the short ties to conflicting surveys were calculated through the section corner tie. Such calculated ties should not be used. This period is not exactly known, but it ran approximately from 1898 to April 28, 1904. If a report of other surveys was contained in the field notes, the ties were not calculated. At the end of this period, it can be determined if calculations were used. It is not so easy to distinguish between the methods of survey at the beginning of the period since it was not customary to report on other surveys. In any event, the short tie should not be used unless the corner tied to (or from) is recovered. If no corners can be found, the section corner tie may be used, but it is the tie of last resort. In such cases, all lines are shown as approved.
In Figure 7, several conditions are illustrated. In situation A, only one corner is recovered, no other corners or accessories can be found nor are there any short ties available. In the absence of further collateral evidence, the three missing corners must be reestablished at record bearings and distances from the recovered Corner No. 1.