My referance material comes from Jim Rattlesnake S. Thanks Jim
"You folks might want to read this document:
In this Nevada document:
MINING CLAIM PROCEDURES NEVADA BUREAU OF MINES AND GEOLOGY Mackay School of Mines Fifth Edition FOR NEVADA PROSPECTORS AND MINERS
on page 9 it says
"The 1872 Federal law requires a lode claim for “veins or lodes of quartz or other rock in place” (30 USC 26; 43 CFR 3841.1), and a placer claim for all “forms of deposit, excepting veins of quartz or other rock in place” (30 USC 35). More generally, any vein, lode, zone, or belt of mineralized rock lying between boundaries that separate it from the neighboring rock, even if these boundaries are gradational, should be located as a lode claim. Particles and nuggets of gold contained in gravel or sand should be located as a placer claim. The form of the deposit, and not whether it contains a metal or nonmetal, is the controlling factor. Building stone, diatomite, pumice, salt, and some other materials are commonly located as placers (30 USC 161, 162, 611), and disseminated copper and disseminated gold deposits are located as lodes. (“Disseminated” means that the mineral is finely distributed throughout a volume of solid rock.)"
First some definations and coments then my question for all of you out there.
DEFINITION: Any stone that is greater than 2 mm in diameter. Gravel may be classified as: granule, pebble, cobble, and boulder gravel. The term also refers to a sedimentary deposit consisting mainly of gravel-sized clasts. sand CATEGORY: geology DEFINITION: A term describing the size of sediment or soil particles, 0.06-2 mm in diameter (BS 1377). The term has no implications of color, organic content, or any property other than particle size or texture. From http://www.nalms.org/home/publications/water-words-glossary/G.cmsx GRAVEL A mixture composed primarily of rock fragments 2 mm (0.08 inch) to 7.6 cm (3 inches) in diameter. Usually contains much sand.
SAND Composed predominantly of coarse-grained mineral sediments with diameters larger than 0.074 mm (0.0029 inch) and smaller than 2 mm (0.079 inch) in diameter.
OK, I have given definations of what is gravel and what is sand; because I want to understand, or clarify, when a section of land should be claimed by "the form of the deposit" ether as a lode or a placer. The terms gravel and sand are used in the defination of a placer.
My questions: #1 So if I take my excavator and dig a trench, or take my dozer and cut a bench in a hillside, I then take the exposed soil and size it, tumble it, wash it, table it or what ever process I wish to choose, BUT I DO NOT CRUSH ANY HARD ROCKS, and I capture any gold or other economicly recoverable elements, do I have a placer claim?
#2 What if the gold I capture is not free gold? Gold that may be coated with another mineral.
#3 If I do any crushing of rock, must my claim be lode to protect it? What if I have a placer and I run my conglomerates through a rock crusher, it still is considere a placer. Right?
#4 How should I define "rock-in-place"?
#3 Now a question relating to "between boundaries". What if there are no boundaries? In other words the whole hill or mountain contains a simular soil or rock configuration? Lode is defined as something "in between". So if there is no major physical differentiation, igneous or otherwise, between soil stratas, is it all considered a placer?
I am not looking for legal advice here. Only your knowledge, experience or opinion(s).