43 CFR 3809: small exploration needs only a notice; mining and bigger exploration need a plan with 30 days of public comment
recordconfirmed
Under BLM's surface-management rules (43 CFR subpart 3809), exploration disturbing 5 acres or less needs a complete notice filed 15 days before starting (3809.21(a)); casual use with negligible disturbance needs neither. Any other work beyond casual use (all mining, and exploration over 5 acres), bulk sampling of 1,000 tons or more, or work in special areas needs a plan of operations, and before acting on a plan BLM publishes its availability and takes at least 30 days of public comment (3809.411(c)). The notice rule we read has no public-comment step. As of late September 2026, BLM's public layers showed 7 notices and 7 plans in Emery County and none in Carbon County; none is Valar's (mine-030).
In plain termsSmall-scale exploration on a claim can start after a notice to BLM that the public never gets to comment on. Mining, and larger exploration, needs an approved plan, and those are published for comment. No mining notice or plan in Carbon County was found in BLM's public layers as of late September 2026.
- 43 CFR Part 3800, Subpart 3809: Surface Management (2024 edition) (U.S. Government Publishing Office (govinfo), 2024-10-01) primary government “exploration causing surface disturbance of 5 acres or less”
- 43 CFR 3809.411: What action will BLM take when it receives my plan of operations? (2024 edition) (U.S. Government Publishing Office (govinfo), 2024-10-01) primary government “will accept public comment for at least 30 calendar days on your plan of operations”
- BLM Natl MLRS Locatable Notices (feature layer and query results) (Bureau of Land Management (MLRS)) primary filing
- BLM Natl MLRS Plans of Operations (feature layer and query results) (Bureau of Land Management (MLRS)) primary filing
In tabs: Mining Claims, Public Process