Suction Dredging Operations

3809.31 (922Sokolosky) P
July 6, 2011
EMS TRANSMISSION:7/8/2011
Instruction Memorandum No. WY-2011-036
Expires: 09/30/2012
To: District Managers
From: Associate State Director
Subject: Suction Dredging Operations
Program Areas: Mining Law Administration
Purpose: To provide guidance regarding the review of proposals to conduct suction dredging,
pursuant to 43 CFR 3809.31(b) on stream bottoms within Wyoming administered by the
Bureau of Land Management (BLM).
Policy/Action: Special situations that affect what submittals operators must make before
conducting operations (43 CFR §3809.31(b)(2)): Recently the Wyoming Department of
Environmental Quality (WDEQ) – Land Quality Division (LQD) eliminated their requirement
for recreational or noncommercial miners to file a letter of intent to the agency. This means
section D.3.h. of the 2003 Supplement to Memorandum of Understanding (MOU) WY 19 no
longer applies. Instead, all parties who propose suction dredging operations on lands under the
jurisdiction of the BLM Wyoming must contact the appropriate Field Office before beginning
such operations. The Authorized Official (AO) for 3809 actions shall determine whether or not
the operator needs to submit a notice, a plan of operation, or whether the activity constitutes
casual use per the definition at 3809.5. Per 43 CFR §3809.31(b)(2), operators of proposed
suction dredging activities on lands or in waters known to contain Federally proposed, listed, or
threatened or endangered species or their proposed or designated critical habitat, must not begin
operations until the BLM completes consultation with the U.S. Fish and Wildlife Service
pursuant to the Endangered Species Act (ESA). This requirement exists regardless of the level
of disturbance.
The regulations at 43 CFR § 3809.31(b) (2) are silent regarding the information the operator
must submit to the BLM. This Instruction Memorandum (IM) establishes the minimum
acceptable information to be filed with the BLM in advance of conducting suction dredging
operations. This information includes, but is not limited to, who would be conducting the
United States Department of the Interior
BUREAU OF LAND MANAGEMENT
Wyoming State Office
P.O. Box 1828
IN REPLY REFER TO: Cheyenne, Wyoming 82009-1828
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operation, what commodity would be dredged, mining claims involved and equipment that
would be used, when (time period), how operations would be conducted and lastly where the
operation will occur (legal location), including a map or figure. The AO may consider whether
or not the submission of information in WDEQ-LQD Guideline 19, Attachment A, would be
adequate to meet these informational requirements. This guideline is posted at URL
http://deq.state.wy.us/lqd/guidelns/Guideline19_COMPLETE(5_2006).pdf
The AO is encouraged to promptly review submittals provided pursuant to 3809.31(b) (2) in
order to determine if the operation would be casual use or require filing a notice or plan of
operation. The operator shall be informed in writing of the AO’s determination of the level of
operation as well as whether or not consultation pursuant to section 106 of the ESA must be
completed before operations can begin.
Pursuant to 3809.31(a), when the AO determines that the cumulative effects of casual use by
individuals or groups have resulted in or are reasonably expected to result in, more than
negligible disturbance, they may petition the State Director to establish areas through Federal
Register notification where individuals or groups are required to contact the BLM 15 calendar
days before conducting activities. This will provide the AO time to determine if a notice or plan
of operations will be required.
The AO may request the organizer(s), sponsor(s), or club(s) hosting an organized recreational
prospecting event to establish an on-site communication network and to provide a designated
point of contact to facilitate rapid dispersal of information in the event of an emergency or in the
event of an Agency ordered cessation of activities due to impacts beyond the acceptable range
for casual use.
Time Frame: This IM is effective immediately and will be in effect unless formally modified.
Budget Impact: There will be minimal budget impact, but there is no estimate at this time.
Background: Section D.3.h. of the 2003 supplement to MOU WY 19 states "…LQD agrees to
send BLM [Field Offices] copies of all recreational gold dredging forms authorized which
involve Public lands within 15 days of receipt. . . The BLM will inform LQD whether Federally
listed threatened or endangered species or their habitat may be affected by the proposed
activities. . . BLM will inform LQD if any necessary mitigating measures may be required. . .
Operations [by the recreationist] must not begin until BLM completes consultation or
conferencing under the ESA.” [emphasis added]
WDEQ-LQD has determined that letters of authorization, issued pursuant to Guideline 19, do not
actually constitute an authorization. Rather, they simply remind the recreational miners about
some of the limits (pipe size, etc) and inform them that they must obtain permission from land
management agencies; consequently the LQD ceased requiring filings pursuant to Guideline 19
from recreationists conducting non-commercial gold dredging.
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The provisions of 3809.31(b)(1) and 3809.201(b) are no longer applicable; therefore, suction
dredging must be compliant with the provisions of 3809.31(b)(2).
Manual/Handbook Sections Impacted: No published manuals or handbooks would be
affected.
Coordination: This IM was circulated among the staff of the Wyoming State Office (WYSO)
Solid Minerals Branch (922) and the District Office Resource Advisors for Minerals and Lands.
Contacts: If you have any questions concerning the IM, please contact WYSO 922 Geologist,
Pete Sokolosky at 307-775-6261.
Signed by: Authenticated by:
Ruth Welch Sherry Dixon
Associate State Director Secretary
Distribution
Director (320) 20 M Street SE 1
Field Managers 1
CF 2