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Exploring the Variety of Random
Documents with Different Content
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.
CHAPTER VI
Resurveys
6–1 Restoration of Lost Corners: There is no hard and fast rule for
establishing missing corners of mining claims. The method should be
selected that will give the best results, bearing in mind that end lines
should remain substantially parallel. Ordinarily, the mineral surveyor
should not remonument a restored corner; at least, it should not be
done without the full knowledge and approval of the owner. A
cadastral surveyor may remonument a corner if it is necessary to
delineate the boundary between public and private land. As with all
lost corners, the corner of a mineral survey should be reestablished
from the best available evidence and in such a configuration that will
place the lines as nearly as possible to their original position. The
ties to bearing trees and objects should be used first. In fact, if such
accessories are present the corner is not lost.
Second in order of preference is the use of short ties to or from
adjoining surveys. A word of caution in using other mineral survey
ties: In Colorado, and presumably in other states, there was a period
where the short ties to conflicting surveys were calculated through
the section corner tie. Such calculated ties should not be used. This
period is not exactly known, but it ran approximately from 1898 to
April 28, 1904. If a report of other surveys was contained in the field
notes, the ties were not calculated. At the end of this period, it can
be determined if calculations were used. It is not so easy to
distinguish between the methods of survey at the beginning of the
period since it was not customary to report on other surveys. In any
event, the short tie should not be used unless the corner tied to (or
from) is recovered. If no corners can be found, the section corner tie
may be used, but it is the tie of last resort. In such cases, all lines
are shown as approved.
In Figure 7, several conditions are illustrated. In situation A, only
one corner is recovered, no other corners or accessories can be
found nor are there any short ties available. In the absence of
further collateral evidence, the three missing corners must be
reestablished at record bearings and distances from the recovered
Corner No. 1.
In situation B, Corners Nos. 1 and 2 can be recovered. Lines 4–1
and 2–3 should be shown at the record distance, regardless of the
length of line 1–2. The bearings of lines 4–1 and 2–3 may be the
record bearing or at the same variation from the record as line 1–2.
If this was a rectangular claim, then the bearing of the missing lines
probably should be at right angles to line 1–2, unless this would give
a distorted relationship between the claim and the workings on it,
particularly the discovery. Line 3–4 should be shown parallel and of
equal length to line 1–2.
In situation C, Corners Nos. 1 and 4 are recovered. Line 2–3
should be shown parallel and of equal length to line 4–1, if the
record was such. Lines 1–2 and 3–4 should be shown at the record
distance, and at the record bearing or with the same variance found
for line 4–1.
In situation D two corners are again recovered, but they are
opposite corners, Nos. 1 and 3. Missing Corner Nos. 2 and 4 can be
restored by using the Grant Boundary method. See Section 5–44 of
the Manual of Surveying Instructions. They can also be shown at the
record bearing and distance from Cors. Nos. 1 and 3, using either
the end lines or side lines, with the resulting missing lines being the
bearing and distance required to close. The method selected should
restore the lines in the best relative position to the workings.
In situation E, three corners, 1, 2 and 4, are recovered. Line 2–3 is
shown parallel and of equal length to line 4–1. Line 3–4 is shown
parallel and of equal length to Line 1–2.
FIG. 7
APPENDIX #1
APPENDIX #2
APPENDIX #3
APPENDIX #4
APPENDIX #5
APPENDIX #6
APPENDIX #7
APPENDIX #8
APPENDIX #9
APPENDIX #10
APPENDIX #11
APPENDIX #12
APPENDIX #13
APPENDIX #14
INDEX
First number indicates chapter. Second number indicates section of that chapter.