Mining News

Claim Staking and Filing Process

Below is a quick outline of what happens when you trust Burgex to stake your mining claims, along with answers to some common questions we get regarding the staking & filing process and their timelines.

Q: When will you start my project?

A: Once we have received your project deposit and area of interest (AOI), we will schedule the staking and create a claim block based on the areas that are open for location within that AOI.

To do this, we do careful landman research to determine if any portions of the AOI are under a public order that restricts location of mining claims or if there are any mining claims already in that area (according to available public records).

After the claim block has been approved by you, we create the claim paperwork* for staking,  and filing according to the applicable state and federal statutes. The staking may now commence! *Every claim document undergoes meticulous scrutiny within our Compliance Department.

Q: What kind of training/certifications do your field managers have?

A: The Burgex field team executes our first-rate staking service according to state and federal statutes. Our team does this while keeping safety as a top priority, and all our field leaders are MSHA, CPR and First Aid certified.

Q: Who can locate a mining claim?

A: To legally locate a mining claim in the United States one must be either a US citizen or a US entity. If your company is not based in the US, you will need to create a US entity BEFORE we can start the claim paperwork process.

Q: How do I know my claims will be filed properly?

A: Burgex takes pride in producing quality documents on behalf of our clients. After staking has been completed, Burgex will ensure everything is buttoned up with the filing paperwork (accuracy check, location dates, signatures, notarizations, and filing maps).

Q: What happens after the claims are staked/pegged?

A: After we have received full funding for the filing, we mail all the paperwork to the applicable county for recording.

Once paperwork has been received from the county, we send the paperwork to the BLM for recording and adjudication.

Adjudication is the exercise of reviewing each claim submitted for its accuracy and compliance with all land orders affecting location.

To do this, we do careful landman research to determine if any portions of the AOI are under a public order that restricts location of mining claims or if there are any mining claims already in that area (according to available public records).

After the claim block has been approved by you, we create the claim paperwork* for staking,  and filing according to the applicable state and federal statutes. The staking may now commence! *Every claim document undergoes meticulous scrutiny within our Compliance Department.

Q: How long does it take to complete a staking program?

A: Your mineral rights begin the day the location monument is put in the ground and we know it is important to you those are secured as quickly as possible. Our portion of the staking program from finalizing the AOI, to writing paperwork, to completing the staking on the ground, to sending the papers off to the county for filing, can usually be completed within a few short weeks- depending on the size and complexity of the claim block.

Q: What happens after the paperwork goes to the BLM?

A: What happens after we mail the paperwork to the BLM depends on the state. Some state offices will retain the paperwork until the claims have been fully adjudicated. Some states will make a copy of the paperwork, return the serialized paperwork, and then adjudicate at a later time using the copies.

Either way, you can expect the BLM to take anywhere from 6 months to 2.5 years to fully adjudicate the claims (again, depending on the state office). Once paperwork is returned from the BLM, Burgex will notify you.

Additionally, Burgex maintains a secure-access electronic folder for each client that contains copies of the county/BLM recorded paperwork, maps, GIS files, GPS tracks from the field team, and photos taken during staking.

Q: What if there is an Amendment to the paperwork?

A: Integrity is a core value at Burgex, and as such we have an amendment policy. If the error is due to a mistake made by Burgex in creating the document, we will correct it at no charge to you. The caveat here is that the BLM only allows 30 days for the error to be corrected or the claim is closed (this timeline includes recording the corrected document with the county).

Therefore, if you are notified by the BLM with a notice for an amendment, it is imperative Burgex is informed immediately (within 7 days of receipt of notice). We will handle everything (including fees) from there.

Q: What can I do with my claims while awaiting adjudication?

A: You do not need to wait for full adjudication to move forward with certain types of exploration such as drone survey or sample collecting.

Any type of exploration that requires a plan of operations or exploration notice (typically exploration that requires heavy, earth-moving, equipment) will still need to wait until that plan of operations has been approved by the BLM. This plan of operations or exploration notice can be submitted before the claims have been fully adjudicated but may not get any review until adjudication is complete.

As always, if you have any additional questions, we are happy to help!

Contact Us: 775-335-2053 / info@burgex.com

Furthermore, we have excellent, qualified professionals on staff that can help you with exploration. Let us help you build and execute an exploration plan to get your new project to the next step.

If you have not yet enrolled in our Claim Guard program, please reach out and ask for a quote. You’ve already invested in a high-quality staking program. With Claim Guard, you can rest assured that your investment will not be lost due to non-payment of annual maintenance fees or failure to file the appropriate county documents.




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