Voluntary - 43 Cfr 3809 Plan Of Operations Form - United States Department Of The Interior Page 4
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36Voluntary – 43 CFR 3809 Plan of Operations Form
v. BLM conducts an on-site visit;
vi. BLM completes review of public comments on the plan of operations;
vii. For public lands where BLM does not have responsibility for managing the surface, BLM consults
with the surface-managing agency;
viii. In cases where the surface is owned by a non-Federal entity, BLM consults with the surface
owner; and
ix. BLM completes consultation with the State to ensure your operations will be consistent with
State water quality requirements.
2. Pending final approval of your plan of operations, BLM may approve any operations that may be necessary for
timely compliance with requirements of Federal and State laws, subject to any terms and conditions that may be
needed to prevent unnecessary or undue degradation.
3. Following receipt of your complete plan of operations and before BLM acts on it, we will publish a notice of the
availability of the plan in either a local newspaper of general circulation or a NEPA document and will accept
public comment for at least 30 calendar days on your plan of operations.
4. Upon completion of the review of your plan of operations, including analysis under NEPA and public comment,
BLM will notify you that—
a. BLM approves your plan of operations as submitted (See part 3810, subpart 3814 of this title for specific
plan-related requirements applicable to operations on Stock Raising Homestead Act lands.);
b. BLM approves your plan of operations subject to changes or conditions that are necessary to meet the
performance standards of § 3809.420 and to prevent unnecessary or undue degradation. BLM may
require you to incorporate into your plan of operations other agency permits, final approved
engineering designs and plans, or other conditions of approval from the review of the plan of operations
filed under § 3809.401(b); or
c. BLM disapproves, or is withholding approval of your plan of operations because the plan:
i. Does not meet the applicable content requirements of § 3809.401;
ii. Proposes operations that are in an area segregated or withdrawn from the operation of the mining
laws, unless the requirements of § 3809.100 are met; or
iii. Proposes operations that would result in unnecessary or undue degradation of public lands.
Per 43 CFR 3809.411 you must not begin operations until BLM approves your plan of operations and you provide the
financial guarantee required under § 3809.551.
Section 6: Departmental Use Only
Case File #
Reviewed By:
Received on: _____________________________
Response Due by: _______________________________
Remarks:
Page 4 of 36
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