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The FS-2800-5 form, titled "Plan of Operations for Mining Activities," serves as a crucial documentation tool for operators wishing to undertake mining activities on National Forest System lands. It is important to note that while using this form is optional, it is strongly recommended for first-time users to consult their nearest Forest Service District Office for guidance regarding regulations associated with mining activities. The form requires operators to provide essential information related to their mining project, including the name and type of operation, proposed start and duration dates, and details about the principals involved, such as names, addresses, and contact information for operators and representatives. Furthermore, the FS-2800-5 requires a comprehensive description of the operation, including plans for access routes, environmental protection measures, and details about equipment and structures to be used throughout the mining process. A focus on minimizing impacts on air and water quality, along with an emphasis on waste management and scenic values, is part of the form's intent, ensuring that mining activities align with federal and state environmental standards. Overall, the FS-2800-5 is designed to facilitate responsible mining operations while protecting the integrity of National Forest lands.

Fs 2800 5 Example

PLAN OF OPERATIONS FOR MINING ACTIVITIES

USDA, Forest Service

ON NATIONAL FOREST SYSTEM LANDS

FS-2800-5

OMB NO. 0596-0022

USE OF THIS FORM IS OPTIONAL! 1ST TIME USERS SHOULD DIRECT QUESTIONS REGARDING THIS FORM OR REGULATIONS (36 CFR 228A) TO THE FOREST SERVICE DISTRICT OFFICE NEAREST YOUR AREA OF INTEREST.

Submitted by:

Signature

 

Title

 

Date

 

 

 

 

(mm/dd/yy)

 

 

 

 

 

Plan Received by:

Signature

Title

Date

 

 

(mm/dd/yy)

I. GENERAL INFORMATION

A.Name of Mine/Project:

B.Type of Operation:

(lode, placer, mill, exploration, development, production, other)

C.Is this a (new/continuing) operation? (check one). If continuing a previous operation, this plan (replaces/modifies/supplements) a previous plan of operations. (check one)

D.Proposed start-up date (mm/dd/yy) of operation:

E.Expected total duration of this operation:

F.If seasonal, expected date (mm/dd/yy) of annual reclamation/stabilization close out:

GExpected date (mm/dd/yy) for completion of all required reclamation:

II. PRINCIPALS

A.Name, address and phone number of operator:

B.Name, address, and phone number of authorized field representative (if other than the operator). Attach authorization to act on behalf of operator.

C.Name, address and phone number of owners of the claims (if different than the operator):

D.Name, address and phone number of any other lessees, assigns, agents, etc., and briefly describe their involvement with the operation, if applicable:

(If more space is needed to fill out a block of information, use additional sheets and attach form)

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III. PROPERTY OR AREA

Name of claim, if applicable, and the legal land description where the operation will be located.

MC#

 

Name

 

Section

 

Township

 

Range

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IV. DESCRIPTION OF THE OPERATION

A.Access. Show on a map (USGS quadrangle map or a National Forest map, for example) the claim boundaries, if applicable, and all access needs such as roads and trails, on and off the claim. Specify which Forest Service roads will be used, where maintenance or reconstruction is proposed, and where new construction is necessary. For new construction, include construction specifications such as widths, grades, etc., location and size of culverts, describe maintenance plans, and the type and size of vehicles and equipment that will use the access routes.

B.Map, Sketch or Drawing. Show location and layout of the area of operation. Identify any streams, creeks or springs if known. Show the size and kind of all surface disturbances such as trenches, pits, settling ponds, stream channels and run-off diversions, waste dumps, drill pads, timber disposal or clearance, etc. Include sizes, capacities, acreage, amounts, locations, materials involved, etc.

(If more space is needed to fill out a block of information, use additional sheets and attach form)

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C.Project Description. Describe all aspects of the operation including mining, milling, and exploration methods, materials, equipment, workforce, construction and operation schedule, power requirements, how clearing will be accomplished, topsoil stockpile, waste rock placement, tailings disposal, proposed number of drillholes and depth, depth of proposed suction dredging, and how gravels will be replaced, etc. Calculate production rates of ore. Include justification and calculations for settling pond capacities, and the size of runoff diversion channels.

(If more space is needed to fill out a block of information, use additional sheets and attach form)

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D.Equipment and Vehicles. Describe that which is proposed for use in your operation (Examples: drill, dozer, wash plant, mill, etc.). Include: sizes, capacity, frequency of use, etc.

E.Structures. Include information about fixed or portable structures or facilities planned for the operation. Show locations on the map. Include such things as living quarters, storage sheds, mill buildings, thickener tanks, fuel storage, powder magazines, pipelines, water diversions, trailers, sanitation facilities including sewage disposal, etc. Include engineering design and geotechnical information for project facilities, justification and calculations for sizing of tanks, pipelines and water diversions, etc.

V.ENVIRONMENTAL PROTECTION MEASURES (SEE 36 CFR 228.8)

A.Air Quality. Describe measures proposed to minimize impacts on air quality such as obtaining a burning permit for slash disposal or dust abatement on roads.

(If more space is needed to fill out a block of information, use additional sheets and attach form)

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B.Water Quality. State how applicable state and federal water quality standards will be met. Describe measures or management practices to be used to minimize water quality impacts and meet applicable standards.

1.State whether water is to be used in the operation, and describe the quantity, source, methods and design of diversions, storage, use, disposal, and treatment facilities. Include assumptions for sizing water conveyance or storage facilities.

2.Describe methods to control erosion and surface water runoff from all disturbed areas, including waste and tailings dumps.

3.Describe proposed surface water and groundwater quality monitoring, if required, to demonstrate compliance with federal or state water quality standards.

4.Describe the measures to be used to minimize potential water quality impacts during seasonal closures, or for a temporary cessation of operations.

5.If land application is proposed for waste water disposal, the location and operation of the land application system must be described. Also describe how vegetation, soil, and surface and groundwater quality will be protected if land application is used.

C.Solid Wastes. Describe the quantity and the physical and chemical characteristics of solid waste produced by the operation. Describe how the wastes will be disposed of including location and design of facilities, or treated so as to minimize adverse impacts.

D.Scenic Values. Describe protection of scenic values such as screening, slash disposal, or timely reclamation.

(If more space is needed to fill out a block of information, use additional sheets and attach form)

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E.Fish and Wildlife. Describe measures to maintain and protect fisheries and wildlife, and their habitat (includes threatened, endangered, and sensitive species) affected by the operations.

F.Cultural Resources. Describe measures for protecting known historic and archeological values, or new sites in the project area.

G.Hazardous Substances.

1. Identify the type and volume of all hazardous materials and toxic substances which will be used or generated in the operations including cyanide, solvents, petroleum products, mill, process and laboratory reagents.

2.For each material or substance, describe the methods, volume, and frequency of transport (include type of containers and vehicles), procedures for use of materials or substances, methods, volume, and containers for disposal of materials and substances, security (fencing), identification (signing/labeling), or other special operations requirements necessary to conduct the proposed operations.

(If more space is needed to fill out a block of information, use additional sheets and attach form)

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3.Describe the measures to be taken for release of a reportable quantity of a hazardous material or the release of a toxic substance. This includes plans for spill prevention, containment, notification, and cleanup.

H.Reclamation. Describe the annual and final reclamation standards based on the anticipated schedule for construction, operations, and project closure. Include such items as the removal of structures and facilities including bridges and culverts, a revegetation plan, permanent containment of mine tailings, waste, or sludges which pose a threat of a release into the environment, closing ponds and eliminating standing water, a final surface shaping plan, and post operations monitoring and maintenance plans.

VI. FOREST SERVICE EVALUATION OF PLAN OF OPERATIONS

A. Required changes/modifications/special mitigation for plan of operations:

(If more space is needed to fill out a block of information, use additional sheets and attach form)

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B. Bond. Reclamation of all disturbances connected with this plan of operations is covered by

Reclamation Performance Bond No.

, dated (mm/dd/yy)

, signed by

(Principal)

and

(Surety), for the penal sum of

. This Reclamation Performance Bond is a

guarantee of faithful performance with the terms and conditions listed below, and with the reclamation requirements agreed upon in the plan of operations. This Reclamation Performance Bond also extends to and includes any unauthorized activities conducted in connection with this operation.

The bond amount for this Reclamation Performance Bond was based on a bond calculation worksheet. The bond amount may be adjusted during the term of this proposed plan of operations in response to changes in the operations or to changes in the economy. Both the Reclamation Performance Bond and the bond calculation worksheet are attached to and made part of this plan of operations.

Acceptable bond securities (subject to change) include:

1.Negotiable Treasury bills and notes which are unconditionally guaranteed as to both principle and interest in an amount equal at their par value to the penal sum of the bond; or

2.Certified or cashier's check, bank draft, Post Office money order, cash, assigned certificate of deposit, assigned savings account, blanket bond, or an irrevocable letter of credit equal to the penal sum of the bond.

VII. TERMS AND CONDITIONS

A.If a bond is required, it must be furnished before approval of the plan of operations.

B.Information provided with this plan marked confidential will be treated in accordance with the agency's laws, rules, and regulations.

C.Approval of this plan does not constitute certification of ownership to any person named herein and/or recognition of the validity of any mining claim named herein.

D.Approval of this plan does not relieve me of my responsibility to comply with other applicable state or federal laws, rules, or regulations.

E.If previously undiscovered cultural resources (historic or prehistoric objects, artifacts, or sites) are exposed as a result of operations, those operations will not proceed until notification is received from the Authorized Officer that provisions for mitigating unforeseen impacts as required by 36 CFR 228.4(e) and 36 CFR 800 have been complied with.

F. This plan of operations has been approved for a period of or until (mm/dd/yy) . A new or revised plan must be submitted in accordance with 36 CFR part 228, subpart A, if operations are to be continued after that time period.

(If more space is needed to fill out a block of information, use additional sheets and attach form)

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VIII. OPERATING PLAN ACCEPTANCE

I/We have reviewed and agreed to comply with all conditions in this plan of operations including the required changes, modifications, special mitigation, and reclamation requirements.

I/We understand that the bond will not be released until the Authorized Officer in charge gives written approval.

Operator (or Authorized Representative)

(Date)

 

(mm/dd/yy)

IX. OPERATING PLAN APPROVAL

(Name)

(Title)

(Authorized Officer)

(Date)

 

(mm/dd/yy)

“According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB number. The valid OMB number for this information collection is 0596-0022. The time required to complete this information collection is estimated to average 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.”

(If more space is needed to fill out a block of information, use additional sheets and attach form)

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Form Characteristics

Fact Name Fact Description
Form Purpose The FS 2800-5 form is intended for submitting a Plan of Operations for mining activities on National Forest System lands.
Governing Law This form falls under the regulations outlined in 36 CFR 228A, which governs mineral activities on public lands.
Optional Use Utilization of the FS 2800-5 form is optional for operators planning mining activities.
Submission Requirements Operators must provide detailed information regarding environmental protection measures and operational plans when submitting the form.
Operator Information Operators are required to include their name, address, and phone number as part of the submission process.
Property Description The form requires a legal land description, including the name of the claim, section, township, and range where the operation will take place.
Contact Information The FS 2800-5 form mandates the inclusion of contact details for the operator's authorized representative, if different from the operator themselves.

Guidelines on Utilizing Fs 2800 5

After obtaining the FS-2800-5 form, you're ready to provide detailed information regarding your mining operation. This step involves filling out sections that pertain to different aspects of your project. It's important to accurately represent your operations to comply with governmental regulations.

  1. General Information:
    • Enter the name of your mine or project.
    • Specify the type of operation (e.g., lode, placer, mill).
    • Indicate whether this is a new or continuing operation.
    • Provide the proposed start-up date in mm/dd/yy format.
    • Estimate the total duration of the operation.
    • If applicable, indicate the expected date of annual reclamation/stabilization close out.
    • State the expected date for the completion of all required reclamation.
  2. Principals:
    • Provide the name, address, and phone number of the operator.
    • If there’s an authorized field representative other than the operator, include their contact details and attach authorization.
    • List the owners of the claims with their contact information if different from the operator.
    • Include contact details for any other involved parties and describe their roles.
  3. Property or Area:
    • Enter the name of the claim and provide the legal land description where the operation will be located.
  4. Description of the Operation:
    • Indicate how access will be achieved, specifying roads and maintenance plans.
    • Attach a map or sketch showing the operation's layout and significant features.
    • Detail the project description, including methods and materials used in the operation.
    • Outline the equipment and vehicles intended for use, including their specifications.
    • Describe any structures or facilities planned for the operation.
  5. Environmental Protection Measures:
    • Detail measures to protect air quality, State any requirements for burning permits or dust abatement.
    • Provide information on how applicable water quality standards will be met.
    • Discuss solid waste management, including quantity and disposal methods.
    • Explain how scenic values will be preserved, mentioning any protective measures.

Upon completion of the above steps, review the form for accuracy before submission. Ensure any additional sheets are attached if more space is needed for responses. Finally, sign and date the form, along with the appropriate representatives. This thorough process will help in compliant submission and contribute to the sustainable development of your mining project.

What You Should Know About This Form

What is the purpose of the FS 2800-5 form?

The FS 2800-5 form serves as a Plan of Operations for mining activities on National Forest System lands. It is designed to provide the Forest Service with detailed information about planned mining operations, ensuring compliance with regulations outlined in 36 CFR 228A. The form allows operators to specify the nature of their mining activities, environmental protection measures, equipment usage, and relevant timelines. While the use of this form is optional, first-time users are encouraged to contact their nearest Forest Service district office for guidance.

What information must be included in the FS 2800-5 form?

The FS 2800-5 form requires comprehensive details about the mining operation. Operators must provide general information such as the name of the mine, type of the operation, proposed start-up date, expected duration, and reclamation timelines. Additionally, contacts for the operator and field representatives are needed. The form also requests specifics about the property or area involved, including the legal description and access routes. An in-depth project description is crucial, covering mining and milling methods, equipment types, proposed structures, and environmental protection measures. This thorough documentation helps assess potential impacts on the environment and ensures adherence to regulatory standards.

How does the FS 2800-5 form relate to environmental protection measures?

The FS 2800-5 form emphasizes the necessity of environmental protection throughout mining operations. Operators are required to provide detailed descriptions of how they will minimize air quality impacts and ensure water quality standards are met. The form guides operators to outline specific measures for controlling erosion, managing solid waste, and safeguarding scenic values. Additionally, it asks operators to describe monitoring systems that will demonstrate compliance with environmental regulations. By completing this form, operators demonstrate their commitment to responsible mining practices that prioritize environmental stewardship.

What steps should be taken if an operator needs assistance with the FS 2800-5 form?

If an operator requires assistance while completing the FS 2800-5 form, they should first reach out to the Forest Service district office closest to their area of interest. The staff at these offices can provide guidance on the regulations that apply and offer advice on how to fill out the form correctly. Operators may find it helpful to consult with experienced colleagues or industry professionals as well. If further clarification is needed, using additional sheets for comprehensive information when required can be beneficial. Ensuring completeness and accuracy in the form submission is vital for the success of the proposed mining operation.

Common mistakes

When filling out the FS 2800-5 form, a few common mistakes can lead to unnecessary delays and confusion in the processing of your plan. Recognizing these pitfalls can help ensure that your submission is complete and accurate.

One of the first mistakes is failing to properly identify the name of the mine or project. This should be clearly stated at the beginning of the form. Ambiguity in the project's name can cause difficulties later on. Always double-check that the name exactly matches any previous permits or communications with the Forest Service.

Another critical error involves selecting the type of operation. The form asks you to specify whether your operation is a lode, placer, mill, exploration, development, production, or another type. Neglecting to check the correct box can result in misclassification, complicating the review process. Ensure each operation type is accurately identified before submission.

In section I.C, many people overlook the need to specify whether the operation is new or continuing. If you are continuing a previous operation, it is essential to indicate that this plan replaces, modifies, or supplements an earlier plan. Not addressing this aspect can lead to assumptions being incorrectly made about your operation.

Additionally, many applicants forget to provide complete contact information for all parties involved. In Section II, you must list the name, address, and phone number of not only the operator but also the authorized field representative and owners of the claims. Missing or incorrect information could hinder communication and slow down the review process.

Finally, the mapping of access routes and operational layouts in Section IV often lacks clarity. Failing to include precise maps or drawings that illustrate claim boundaries, access needs, and surface disturbances can raise red flags. Clear visual representation is critical in helping reviewers understand your operational plans.

By avoiding these mistakes, you can improve the chances of a swift and favorable review of your FS 2800-5 form. Thoroughness and attention to detail will prove vital in your application process.

Documents used along the form

The FS-2800-5 form is a key document for anyone seeking to engage in mining activities on national forest system lands. However, several other forms and documents often accompany this application to ensure compliance and facilitate successful project operation. Below is a list of these essential documents.

  • Environmental Assessment (EA): This document evaluates the potential environmental impacts of the proposed mining activities. It considers factors such as air and water quality, habitat destruction, and noise levels. The EA helps assess whether further studies are necessary.
  • National Environmental Policy Act (NEPA) Documentation: NEPA requires federal agencies to consider the environmental impacts of their decisions. Documentation may include an Environmental Impact Statement (EIS) if substantial impacts are anticipated.
  • State Mining Permit Application: Depending on state regulations, operators may need to obtain a permit that addresses local laws and standards for mining activities. This document often requires detailed operational plans and environmental safeguards.
  • Reclamation Plan: This plan outlines how the mining area will be restored after operations cease. It includes information about soil stabilization, vegetation plans, and long-term monitoring to ensure the land is returned to a natural state.
  • Water Quality Discharge Permit: Issued by environmental agencies, this permit regulates the conditions under which water can be discharged from the mining operation. It ensures that water quality remains within acceptable limits to protect aquatic ecosystems.
  • Air Quality Permit: Similar to the water permit, this document governs emissions from the operation. It establishes limits on pollutants and outlines measures to minimize air quality impacts during mining activities.
  • Safety Management Plan: This plan identifies potential safety hazards associated with mining operations and outlines protocols to protect workers. It covers aspects such as equipment operation, training procedures, and emergency response strategies.
  • Public Notice Document: Often required, this document informs the public of the intent to conduct mining activities. It may include information on how to provide comments or raise concerns about the proposed project.
  • Access Agreement: If the proposed mining site requires access through private or other public lands, this agreement facilitates negotiations over land use. It may outline compensation, rights, and responsibilities related to access.
  • Proof of Insurance: Operators may need to provide documentation of insurance coverage to protect against liabilities arising from accidents or environmental damage during operations. This protects both the operator and the public.

Carefully preparing these documents will contribute significantly to the success of any mining project. Each document serves a specific purpose, helping ensure that operations comply with regulatory requirements while minimizing environmental impact and safeguarding public interests.

Similar forms

The FS-2800-5 form is a document used primarily for outlining plans for mining activities on National Forest System lands. Several other forms share similarities in their purpose or information required. Below are five such documents:

  • FS-2800-2: Application for a Special Use Permit - This form is used to request permission to use National Forest land for various purposes. Both forms require detailed information about the type of operation, the location, and how the proposed activities will affect the environment.
  • FS-2800-3: Notification of Intent to Conduct Operations - This document is critical for individuals or companies planning to engage in operations on National Forest land. It also asks for specifics about the operation, including timelines and descriptions of activities, similar to the operational detail required in the FS-2800-5.
  • FS-2800-4: Plan of Operations for Non-Mineral Activities - While this form covers non-mineral activities, it also requires similar information about project details, environmental impacts, and operator qualifications, paralleling the structure of the FS-2800-5.
  • EPA Site Assessment Form - This assessment is designed to evaluate potential environmental impacts before initiate operations. Like the FS-2800-5, it emphasizes environmental protection and requires data on how operations will comply with regulations.
  • Environmental Impact Statement (EIS) Document - For larger projects, an EIS might be required. While more comprehensive, it includes an analysis of the potential impacts on the environment, similar to the environmental protection measures highlighted in the FS-2800-5.

Dos and Don'ts

When filling out the FS 2800-5 form for mining activities, it is important to adhere to guidelines that ensure clarity and compliance. Here are ten recommendations on what to do and what to avoid:

  • Do: Begin with clear and accurate information about the mine or project.
  • Do: Use specific dates in the required format (mm/dd/yy) to avoid confusion.
  • Do: Attach necessary documents, such as authorizations, when required.
  • Do: Provide detailed descriptions of operations, including equipment and procedures.
  • Do: Ensure contact information is up-to-date for all involved parties.
  • Don't: Leave any sections incomplete; missing information can delay processing.
  • Don't: Use vague language; precision enhances understanding and compliance.
  • Don't: Ignore instructions regarding map submissions and operational details.
  • Don't: Forget to describe how environmental protection measures will be implemented.
  • Don't: Submit the form without reviewing all parts for accuracy and completeness.

Misconceptions

Misconceptions about the FS-2800-5 form can lead to confusion for those involved in mining operations on national forest lands. To clarify, here is a list of common misunderstandings.

  • The FS-2800-5 form is mandatory for all mining operations. In fact, the use of this form is optional. Operations may choose to use alternative documentation if they comply with the relevant regulations.
  • This form is only for new operations. The FS-2800-5 can also be utilized by existing operations that need to modify or supplement a previous plan. This flexibility is crucial for adapting to any changes in operations.
  • All sections of the form must be completed in detail. While it is important to provide comprehensive information, the instructions indicate that additional sheets can be attached if more space is needed, and not every section is applicable to every operation.
  • Once submitted, the plan cannot be altered. Operators can modify their plans as necessary. If adjustments are needed, they should communicate these changes through proper channels to ensure compliance.
  • The form is not related to environmental protection. On the contrary, the FS-2800-5 requires operators to outline environmental protection measures, reflecting the regulatory emphasis on safeguarding natural resources.
  • The Forest Service will automatically approve all submissions. Approval is not guaranteed simply by submission. The Forest Service reviews each plan carefully, ensuring it meets all regulatory requirements before granting approval.
  • Only the operator needs to be involved in the submission. It is vital to include the names and contact information of any authorized representatives, owners, or agents associated with the operation. This transparency fosters better communication.
  • Maps and sketches are optional. Detailed maps and drawings are critical components of the plan. Providing accurate visual representations of the operation's layout and access routes facilitates informed assessment by the regulatory authorities.

Key takeaways

Here are some key takeaways about filling out and using the FS-2800-5 form:

  • Optional Use: Utilization of the FS-2800-5 form is optional, but it is essential for providing thorough information related to mining activities on National Forest System lands.
  • Contact Information: First-time users should reach out to the nearest Forest Service District Office with any questions regarding this form or related regulations.
  • Comprehensive Details Required: The form requires detailed descriptions of operational aspects, including the type of mining, access routes, equipment, and environmental protection measures.
  • Environmental Considerations: Applicants must describe measures to protect air and water quality, manage solid waste, and maintain scenic values throughout the operation.
  • Attachments: Additional sheets may be utilized if more space is necessary to provide a complete and thorough response to any section on the form.