Chapter VI: The remaining lines can then be reported as fixed by the

selected method of restoration.

Intersections and areas of conflict should then be calculated by solving triangles. Areas may be calculated using double meridian distances, but intersections should never be calculated by forcing a closure. Intersections may be checked by closure.

A special situation exists where a former survey excluded an unsurveyed location from the patent and the unsurveyed location has subsequently been abandoned. This area is designated as a tract and its boundaries are determined from the prior survey. See Tract A of the Jim Dandy Lode described in the specimen field notes and plat of the Manual of Surveying Instructions.

Another use of a tract is for the purpose of excluding a small area surrounding the discovery of another location not embraced in the survey.

Intersections and areas of conflict with patented lands containing mineral rights must also be calculated.

Supporting calculation sheets need not be furnished the Bureau of Land Management but computer tapes, if available, will be helpful. The BLM can perform the necessary checks by computer.

=5–9= Preliminary Plat: The mineral surveyor will find it advantageous to prepare preliminary plats prior to writing the field notes. One plat should provide the base and give all the details of the survey with items of topography and culture secondary. This plat may be prepared in pencil or ink at the option of the mineral surveyor. It should be such that legible blue lines copies can be furnished to the Bureau of Land Management along with the notes, and to the claimant. It should clearly state that it is a PRELIMINARY PLAT SUBJECT TO CORRECTION. Some offices of the Bureau of Land Management may request a reproducible copy.

Plats on linen are no longer required. A secondary plat showing the topography and culture in detail will be an aid in writing field notes, but is not required by the BLM.

If drill holes are part of the improvements and are too numerous to show on the base plat, a separate plat is advisable.

=5–10= Field Notes: A detailed set of specimen field notes is contained in the Manual of Surveying Instructions which should be followed for form and content. There are, however, some inconsistencies: The title page shown in the manual should not be used. Use current Form 3400–11, as supplied by the Bureau of Land Management.

The locations should be listed in the same order that they are described in the field notes, thereby serving as an index.

The field notes begin with a description of instruments and the mean results of the solar or other azimuthal observations. The latitude and longitude of the observing station is given. If this is not at a corner of the survey, the latitude and longitude of the first corner described should be given, thus:

At Cor. No. 1 of the Jim Dandy lode, identical with Cor. No.
1 of the Prince Lode of this survey, in latitude 38°45′ N,
and longitude 106°20′ W.

A description of the measuring devices follows the observation for azimuth. If an electronic distance measuring device is used, the name and serial number should be given. It should also be stated that it was tested by measuring a known distance before and after the survey, and found correct.

Corner markings as shown are acceptable for stone monuments or wood posts. When a monument with a cap is used, the following marks would be more suitable:

The X has been omitted from the inscription on bearing trees which is incorrect, unless the measurement was taken to the center of the tree. It should be included, thus: JD–1–20220A XBT or JD–1–PRI–1–20220A XBT if the full complement of marks are shown.

When giving intersections only the distance to the line being intersected is given for claims of the survey as the distance to the corner on the line being intersected will be given later in the notes when that claim is described.

When the intersection is with a prior mineral survey or unsurveyed location, the distance should be given to a corner within the claim, or the same corner each time the line is intersected. See the intersection of lines 2–3 and 3–4 of the Protector lode with Sur. No. 20100 Silver lode.

Note that intersections are given to the nearest hundredth of a foot, while distances to items of topography and culture are to the nearest foot. Distances given in ties including bearing objects should be to the hundredth of a foot.

The area statement should show all conflicts and be so arranged that any exclusion may be made and the net area to be patented readily obtainable. This can best be done by starting with the oldest survey and progressing through the various conflicts, but this may not hold true if a prior survey has not been patented. A copy of the preliminary plat may be used to color the exclusions and make certain that all have been properly stated.

Under the heading “LOCATION” it is important to state that the survey is identical with the location as marked on the ground or to state the differences. When describing corners, ties should be given to location monuments when they are not identical. See the Prince Lode in the specimen notes.

Only those improvements counting toward the $500 expenditure are to be given under the heading “IMPROVEMENTS.” In such case, the discovery working should be numbered one. If there is no discovery working, but a discovery point is called for, it may be described and labeled No. 1. Any improvements that do not count toward the patent expenditure or those that have been made by others should be listed under “OTHER IMPROVEMENTS.”

“OTHER CORNER DESCRIPTIONS AND SUPPLEMENTAL DATA” is a very important part of the notes since it contains the report on prior surveys. Do not report another mineral surveyor in error for minor discrepancies in bearings and distances. The phrase, “substantially correct as approved” may be used, or “approximately correct as approved.”

Under “MEMORANDUM” differences with the calls given in the location certificate may be explained, as well as typographical errors in the certificate.

Because of corrections that may be required by the Bureau of Land Management it is well to prepare a preliminary draft of the notes for submitting to the BLM. The final typing, in triplicate, can be accomplished after all differences have been resolved.

=5–11= The field notes and preliminary plat should be sent to the State Office of the Bureau of Land Management by either certified or registered mail with a return receipt requested. A copy of the preliminary plat may also be sent to the claimant with a copy of the letter of transmittal to the BLM.

As a rule, the returns of mineral survey should remain confidential until the survey is approved. The mineral surveyor should maintain this confidence. If a demand is made of the Bureau of Land Management under the Freedom of Information Act, then the preliminary nature of the work should be clearly stated to the recipient.

Processing the Survey

=5–12= Preliminary Examination of Field Notes: The examination of the survey may begin by reading the notes and comparing them with the preliminary plat. As a general rule the mineral surveyor will write the notes from the plat. If inconsistencies appear, they will usually be typographical errors in the notes. However, this must be verified by the mineral surveyor.

Particular attention should be given to the format as shown by the specimen notes of the Manual of Surveying Instructions, 1973.

Corner descriptions must be proper and adequate. Ties should agree with the preliminary plat. Discovery points must be on public domain.

By posting the mineral survey to the connecting sheet or similar plat with a pencil, conflicts and other surveys within 100 feet may be determined.

The names of the locations must agree with those given in the location certificates. End lines must be parallel and the statutory length and width cannot be exceeded. Improvements should be fairly valued; the discovery point should agree with that given in the location certificate; common improvements should be correctly described and all claims benefiting therefrom should share equally. The geographic position of one corner of the survey must be given. Under “LOCATION” the correct section, township and range should be given.

It should be stated that the survey is identical with the location as marked on the ground. If not identical, it should be so stated, and ties to location monuments must be given.

The section corner tie may not exceed two miles from the nearest corner of the survey. Intersections with the lode lines and distances along the lode line to the discovery point must be given. (Exception: bedded deposits.) The bearing of the lode line, if different from the side lines, must be shown on the plat.

Reports on former surveys should be checked against the notes of these surveys. The bearings and distances of lines of former surveys that are wholly within the survey or a claim of the survey must be given.

The area statement should be reviewed to make certain that conflicts are given in chronological order and that any exclusion or combination of exclusions can be ascertained.

The magnetic declination must be given. The beginning and completion dates of the survey must be given. The survey cannot begin prior to the date of order.

=5–13= Calculations: Calculations may begin by computing the solar observation; the declination should be verified, also the latitude and longitude. The survey should close. Lode claims should have a perfect closure; irregular claims such as placers should close within 0.5 feet in 1,000 feet. The statutory length and width of lode claims may not be exceeded. The width at right angles to the lode cannot exceed 300 feet on either side. The section corner ties within the survey may be checked by closure, using short ties between claims of the survey; each section tie and short tie should be used in at least one closure. The closures should not exceed 0.5 feet in 1,000 feet. (It may be necessary to report the longer section ties to an even number of seconds such as 15″.)

The section corner ties should be checked against those given in conflicting surveys using the short ties given to these claims along with the reported boundaries. Such closures, depending on the length of the ties, should not exceed 10 feet. If they do exceed this distance, the correct tie should be given under “OTHER CORNER DESCRIPTIONS AND SUPPLEMENTAL DATA” provided that the corner from which the tie was made was recovered. If the corner was not found, the error cannot be reported. The same applies to short ties between conflicting surveys, but the allowable error should be within the 1:2000 limit. If more than one section corner is tied, the bearing and distance along the section line should be checked, reporting any appreciable difference under “OTHER CORNER DESCRIPTIONS AND SUPPLEMENTAL DATA.”

The bearings and distances of intersections with lines of prior surveys should be correctly stated. This may be verified by closure, but if a closure of 1:2000 is not obtained, it will be necessary to calculate the intersections by solving triangles, to determine where the error lies. Such intersections should check with 0.2 feet.

From the intersections obtained, the areas of conflict should next be calculated. If the final plat is drawn at a scale of 1″ = 200′, conflicts with a conflict, i.e. double conflicts, may be checked by dividing the area of conflict into triangles and scaling the base and altitude. The mineral surveyor, however, must actually calculate these areas. All areas should check within 0.02 acres.

=5–14= Platting Procedures: The lines of the survey are shown heavier than those of former surveys so that the locations of the survey will stand out.

All corners recovered or set are shown with a circle to distinguish them from corners not found.

The lode line is shown as a broken line and if parallel to the side lines, only the distance each way from the discovery point is shown; if not parallel, then the bearing must also be shown. The bearings and total distances of the lines of the survey are shown heavier than those of conflicting surveys and intersections along such lines.

The names of the locations of the survey shall be shown in vertical capital letters and be larger and heavier than those of conflicting surveys, which shall be shown in upper and lower case.

Distances to intersections along the line of survey should be shown before the intersection. Intersections with lines of prior surveys are given preference over topographic items. Where space will not permit the showing of a distance, it may be placed above a prior distance, with the first distance shown next to the line.

Bearings of conflicting surveys are usually shown in the direction of the line between corners as surveyed; i.e., from corner 1 to corner 2, etc. Bearings and distances in all cases should be shown along the line they pertain to. Bearings of ties should be shown in the direction from the corner from which the tie was made. Ties will be shown with light broken lines. If there is not room to place the bearing and distance next to the line, it may be placed on an arrow.

All bearings and distances shall be in slant lettering. Witness corners are shown with a circle and labeled W.C. Cor. No.——, provided they are on a line of the survey. If not on line they are shown with a tie.

Surveyed section lines and surveyed subdivision of section lines are shown by solid lines; unsurveyed lines are shown with a broken line.

Designation of subdivisions, Township and Range should be vertical letters. The discovery workings and all other improvements are labeled; they may be numbered to agree with the field notes. It is not necessary to give a tie to the improvements, except a common improvement tunnel, shaft, etc.

The title block shown on the specimen plat in the Manual of Surveying Instructions should be closely followed. While the plat scale is usually 200 feet to an inch, it may be smaller to accommodate several claims, provided the necessary data can be shown. Where more than one sheet is necessary, only the final sheet need have a title block. All sheets should carry the survey number and state that it is sheet No. —— of —— sheets.

When the plat is finished it should be compared with the field notes. This can be done by two people, one reading the notes and the other following the plat; or two people can independently do the comparing. If rough draft notes were submitted by the mineral surveyor, they should be returned to him with the corrections for final typing, and execution of the “Certificate of Surveyor,” current Form 3860–7.

The final typing will consist of the original set on current Form 9180–21, which is bound on the left, with two carbon copies on current Form 9180–22, which is bound at the top; this may vary with state office practice. (Xerox or similar copies are not acceptable.)

=5–15= Approval of Survey: The lower portion of current Form 3860–7, “Certificate of Surveyor,” contains the certificate of approval to be signed by an officer of the Bureau of Land Management. This may be the State Director or he may delegate this authority to the Chief, Division or Branch of Cadastral Surveys, for that state. He should also sign the certificate of transcript for the two carbon copies.

Current Form 3860–8, certifying $500 expenditure, must also be executed by the above authorized officer and attached to the copy of the field notes that will be filed with the application for patent. If $500 has not been expended, it is the claimant’s responsibility to complete the work and have the certificate executed and filed with the BLM Branch of Land and Minerals (land office) prior to the expiration of the period of publication.

If the survey has been properly executed and shows the facts, the State Director cannot refuse to approve the survey because he feels that the claim is invalid. (See 57 I.D. 63, Raymond E. Johnson, 1939.)

The original field notes and plat are then placed in the open files of the Bureau of Land Management. The location certificates are to be included with the notes. The two transcripts of the field notes together with two cloth backed copies, one of which has been waterproofed for posting, and a plain paper copy of the plat, will then be furnished the claimant. An additional copy for posting will be furnished if a mill site is included in the survey.

One set of the notes and one copy of the plat will be used to support the application for patent. Current Form 3860–4, is used to notify the State Branch of Land and Minerals and the Director, Bureau of Land Management, of the approval of the survey and includes a sketch of the survey. This form is also used to notify the Regional Forester if the survey is on a National Forest.

The mineral surveyor should be notified by letter of the approval of the survey and he should be furnished a paper copy of the plat and requested to examine it at his early convenience. (See appendix for copies of forms.)

Departures from the Normal Procedure

=5–16= Cancellation of Surveys: A patented mineral survey may never be cancelled. An unpatented mineral survey may be cancelled only after the claim has been declared null and void or relinquished by the claimant; then it need not be cancelled until it is necessary to do so to accommodate an entry or administrative action. It can be cancelled only by the officer of the Bureau of Land Management authorized to approve mineral surveys.

In the past, claims could be declared null and void only after a successful contest had been brought against the claim. After October 21, 1979, claims must be recorded with the Bureau of Land Management within 90 days of the location date or they will automatically be deemed to have been abandoned and void.

The procedure is as follows: When the Chief, Branch of Cadastral Surveys of the State Office is notified that a claim has been declared null and void, a notation to that effect should be made on the plat of survey (or if the plat is in the archives, it may be made on the card index). No further action is necessary at this time; the survey is not cancelled.

Cancellation becomes necessary if an entry or administrative action, including a survey or resurvey, involves the land embraced in the mineral survey. Current Form 3860–4, Approval of Mineral Survey, may be used to cancel the survey and to notify the Director of the Bureau of Land Management and any other interested parties substituting the word “cancelled” or “cancellation” for approval or it may be by memorandum.

Should a supplemental plat be required to lot the area embraced in the survey, a certified set of the field notes of the survey and the mineral survey plat should accompany the plat to Washington, as they do not have the field notes of unpatented mineral surveys. The field notes of the cancelled survey becomes the basis for the new lot designation. The Director’s memoranda of July 14, 1958 and November 17, 1960, cover the subject.

=5–17= Unapproved Survey: Occasionally an order for survey will be cancelled and it is not known how far the mineral surveyor has proceeded with the field work and what corners have been set and marked. In no case should the corners be removed as they still serve as corners of the location which may be perfectly valid. The survey number should not be re-used inasmuch as it will serve to identify the corners on the ground.

=5–18= Additional Notes and Certificate on Plat: In the past, additional notes were sometimes prepared from the existing record along with amendment to the plat in red ink and accompanying certificate when there was an omission of a conflict with an agricultural or other patent, a pending entry or an adverse claim.

For example: A survey was approved without showing the conflict with a legal subdivision that had been included in a preemption homestead. The subdivision was protracted on the mineral survey plat from the township survey, based on the section corner tie given in the mineral survey, intersections given with the boundaries of the subdivision, and an area of conflict calculated. All plats were recalled for the amendment. The additional notes were written, in triplicate, by the cadastral surveyor, to show only the lines of the mineral survey involved in the conflict, giving the intersections. The area statement was rewritten to the extent necessary to show the area of conflict.

The same procedure was followed if an adverse claim was to be excluded on the basis of the description in its location certificate. Red ink was used on the plats to distinguish the amendment, but black ink was used if the certificate specifically stated the extent of the amendment.

Most offices now resolve the above situations solely through a memorandum process.

=5–19= Amended Surveys and Amended Plats: This is occasioned by an error in the original survey that is not discovered until after the survey is approved, or for the same reasons listed in 5–18 above, where the amendment cannot be made from the existing record and additional field work is required. The claimant may also request an amended survey. The claimant bears the cost. Example: In Survey No. 19202A-Am. Colorado, the wrong claim was included in the survey. The correct claim was included in the amended survey which covered the same ground.

=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.