43 C.F.R. § 3809.433   Does this subpart apply to a new modification of my plan of operations?


Title 43 - Public Lands: Interior


Title 43: Public Lands: Interior
PART 3800—MINING CLAIMS UNDER THE GENERAL MINING LAWS
Subpart 3809—Surface Management
Modifications of Plans of Operations

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§ 3809.433   Does this subpart apply to a new modification of my plan of operations?

To see how this subpart applies to a modification of your plan of operations that you submit to BLM after January 20, 2001, refer to the following table.

------------------------------------------------------------------------  If you have an approved plan of   operations on January 20, 2001                   Then_------------------------------------------------------------------------(a) New facility. You subsequently   The plan contents requirements propose to modify your plan of       (§ 3809.401) and performance operations by constructing a new     standards (§ 3809.420) of facility, such as waste rock         this subpart apply to the new repository, leach pad,               facility. Those facilities and impoundment, drill site, or road.    areas not included in the                                      modification may continue to                                      operate under the terms of your                                      existing plan of operations.(b) Existing facility. You           The plan contents requirements subsequently propose to modify       (§ 3809.401) and performance your plan of operations by           standards (§ 3809.420) of modifying an existing facility,      this subpart apply to the modified such as expansion of a waste rock    portion of the facility, unless repository, leach pad, or            you demonstrate to BLM's impoundment; layback of a mine       satisfaction it is not practical pit; or widening of a road.          to apply them for economic                                      environmental, safety, or                                      technical reasons. If you make the                                      demonstration, the plan content                                      requirements (43 CFR 3809.1-5) and                                      performance standards (43 CFR                                      3809.1-3(d) and 3809.2-2) that                                      were in effect immediately before                                      January 20, 2001 apply to your                                      modified facility. (See 43 CFR                                      parts 1000-end, revised as of Oct.                                      1, 2000.)------------------------------------------------------------------------------------------------------------------------------------------------

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