New Jersey Mining Company - Form 10-Q - Filed by newsfilecorp.com

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington D.C. 20549

FORM 10-Q

[X] QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(D) OF THE SECURITIES EXCHANGE ACT OF 1934

For the quarterly period ended September 30, 2010

or

[   ] TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(D) OF THE SECURITIES EXCHANGE ACT OF 1934

For the transition period from ______ to ______

Commission file number: 000-28837

NEW JERSEY MINING COMPANY
(Exact name of registrant as specified in its charter)

Idaho 82-0490295
(State or other jurisdiction (I.R.S. employer identification No.)
of incorporation or organization)  

89 Appleberg Road, Kellogg, Idaho 83837
(Address of principal executive offices) (zip code)

(208) 783-3331
Registrant’s telephone number, including area code

Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(D) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period as the registrant was required to file such reports), and (2) has been subject to filing requirements for the past 90 days.
Yes [X]    No [   ]

Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (§ 232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files).
Yes [   ]    No [   ]

Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company. See definitions of “large accelerated filer,” “accelerated filer” and “small reporting company” in Rule 12b-2 of the Exchange Act.

Large Accelerated Filer  [   ] Accelerated Filer                   [   ]
Non-Accelerated Filer    [   ] Smaller reporting company  [X]

Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act)
Yes [   ]    No [X]

On November 2, 2010, 42,937,862 shares of the registrant’s common stock were outstanding.

1


NEW JERSEY MINING COMPANY
QUARTERLY REPORT ON FORM 10-Q
FOR THE QUARTERLY PERIOD
ENDED SEPTEMBER 30, 2010

TABLE OF CONTENTS

  Page
   
PART I – FINANCIAL INFORMATION
   
Item 1: Financial Statements 3
   
Item 2: Management’s Discussion and Analysis of Financial Condition and Results of Operations 7
   
Item 3: Quantitative and Qualitative Disclosures about Market Risk 9
   
Item 4: Controls and Procedures 9
   
PART II – OTHER INFORMATION
   
Item 1: Legal Proceedings 10
   
Item 2: Unregistered Sales of Equity Securities and Use of Proceeds 10
   
Item 3: Defaults Upon Senior Securities 10
   
Item 4: Removed and Reserved 10
   
Item 5: Other Information 10
   
Item 6: Exhibits 10
   
SIGNATURES 11
   
CERTIFICATIONS  

2


PART I-FINANCIAL INFORMATION

Item 1: FINANCIAL STATEMENTS

New Jersey Mining Company
(A Development Stage Company)
Balance Sheets
September 30, 2010 and December 31, 2009

    September 30, 2010     December 31, 2009  
    (Unaudited)        
             
ASSETS  
             
Current assets:            
   Cash and cash equivalents $  21,839   $  34,087  
   Investment in marketable equity security at market 
             (cost-$3,868)
  9,672     21,665  
   Interest receivable   183     309  
   Miscellaneous receivable         919  
   Contract drilling receivable   71,795        
   Engineering services receivable   1,665        
   Prepaid claim fees   18,480     18,573  
   Inventory   14,451     1,833  
                       Total current assets   138,085     77,386  
             
Property, plant, and equipment, net of accumulated depreciation   1,336,524     1,353,369  
Mineral properties, net of accumulated amortization   1,403,579     1,407,959  
Reclamation bonds   121,133     121,088  
             Total assets $  2,999,321   $  2,959,802  
             
LIABILITIES AND STOCKHOLDERS’ EQUITY  
             
Current liabilities:            
   Accounts payable $  49,888   $  62,858  
   Note and interest payable, related party   82,717     72,107  
   Accrued payroll and related payroll expenses   21,661     7,160  
   Deposit received on sale of mineral property         50,000  
   Obligations under capital lease, current   13,512     9,894  
   Notes payable, current   70,462     134,689  
                       Total current liabilities   238,240     336,708  
             
Asset retirement obligation   28,517     25,913  
Obligations under capital lease, non-current   4,335     10,398  
Notes payable, non-current   67,604     56,650  
                       Total non-current liabilities   100,456     92,961  
             
                       Total liabilities   338,696     429,669  
             
Stockholders’ equity:            
   Preferred stock, no par value, 1,000,000 shares authorized; 
             no shares issued and outstanding
       
   Common stock, no par value, 50,000,000 shares authorized; 
             September 30, 2010-42,936,612 and 
             December 31, 2009-38,685,232 
             shares issued and outstanding
  9,948,367     9,285,383  
   Deficit accumulated during the development stage   (7,293,545 )   (6,773,046 )
   Accumulated other comprehensive income            
             Unrealized gain in marketable equity security   5,803     17,796  
                       Total stockholders’ equity   2,660,625     2,530,133  
             
             Total liabilities and stockholders’ equity $  2,999,321   $  2,959,802  

3

The accompanying notes are an integral part of these financial statements.


New Jersey Mining Company
(A Development Stage Company)
Statements of Operations and Comprehensive Loss (Unaudited)
For the Three and Nine Month Periods Ended September 30, 2010 and 2009,
And from Inception (July 18, 1996) through September 30, 2010

                          From Inception    
                        (July 18, 1996)   
                            Through  
    September 30, 2010     September 30, 2009     Sept. 30, 2010    
    Three Months     Nine Months     Three Months       Nine Months        
Income earned during the development stage:                              
       Sales of gold $  5,343   $  11,410   $  98,512   $  262,171   $  437,122  
       Sales of concentrate                           601,168  
       Drilling and exploration contract income   120,255     132,340     94,659     161,131     330,951  
       Engineering services income   10,415     10,415                 10,415  
    136,013     154,165     193,171     423,302     1,379,656  
                               
Costs and expenses:                              
       Direct production costs   8,571     49,491     108,174     280,445     1,316,693  
       Drilling and exploration contract expense   56,287     76,896     48,224     76,386     165,582  
       Engineering servicing expense   375     375                 375  
       Management   59,205     186,231     94,597     281,668     1,882,262  
       Exploration   37,575     151,203     17,956     67,500     2,401,211  
       Gain on sale of mineral property                           (90,000 )
       Gain on default of mineral 
              property sale
      (50,000 )           (320,000 )
       Net gain on sale of equipment   (30,500 )   (30,098 )               (30,098 )
       Depreciation and amortization   13,050     46,493     22,932     108,536     716,585  
       General and administrative expenses   65,687     240,297     55,851     191,668     2,631,855  
               Total operating expenses   210,250     670,888     347,734     1,006,203     8,674,465  
                               
Other (income) expense:                              
       Timber sales                           (54,699 )
       Timber expense                           14,554  
       Royalties and other income   (1,284 )   (3,095 )   (234 )   (237 )   (75,171 )
       Royalties expense               6,219     9,816     44,089  
       Gain on sale of marketable equity security                     (1,912 )   (92,269 )
       Interest income   (112 )   (723 )   (111 )   (548 )   (47,816 )
       Interest expense   3,366     7,593     4,915     15,930     89,098  
       Write-off of goodwill                           30,950  
       Write-off of investment                           90,000  
               Total other (income) expense   1,970     3,775     10,789     23,049     (1,264 )
                               
Net loss   76,207     520,498     165,352     605,950     7,293,545  
                               
Other comprehensive (income) loss:                              
       Unrealized (gain) loss on 
              marketable equity security
      11,993     (3,324 )   (7,614 )   (5,803 )
                               
Comprehensive loss $  76,207   $  532,491   $  162,028   $  598,336   $  7,287,742  
                               
Net loss per common share basic $  Nil   $  0.01   $  Nil   $  0.02   $  0.34  
                               
Weighted average common 
       shares outstanding basic
  42,703,101     42,020,248     37,903,858     37,535,281     21,364,990  

4

The accompanying notes are an integral part of these financial statements.


New Jersey Mining Company
(A Development Stage Company)
Statements of Cash Flows (Unaudited)
For the Nine Month Periods Ended September 30, 2010 and 2009,
And from Inception (July 18, 1996) through September 30, 2010

                From Inception  
    September 30,     (July 18, 1996)
                through  
    2010     2009     September 30, 2010  
Cash flows from operating activities:                  
     Net loss $  (520,498 ) $  (605,950 ) $  (7,293,545 )
     Adjustments to reconcile net loss to net cash                  
       Used by operating activities:                  
             Depreciation and amortization   46,493     108,536     716,586  
             Net gain on sale of equipment   (30,098 )         (18,826 )
             Write-off of goodwill and investment               120,950  
             Gain on sale of mineral properties   (50,000 )         (410,000 )
             Gain on sale of marketable equity securities         (1,912 )   (92,269 )
             Accretion of asset retirement obligation   2,604           4,047  
     Common stock issued for:                  
             Management and directors’ fees   31,240     221,498     1,140,575  
             Services and other   17,113     16,323     239,521  
             Exploration         11,250     95,521  
             Mineral property agreement               15,000  
     Change in:                  
             Prepaid expense         572        
             Prepaid claim fees   93     (25,538 )   (18,480 )
             Inventory   (12,618 )   63,583     (14,451 )
             Miscellaneous receivable   919     5,516        
             Interest receivable   125     118     (184 )
             Contract drilling receivable   (71,795 )   (48,073 )   (71,795 )
             Engineering services receivable   (1,665 )         (1,665 )
             Other assets               (778 )
             Accounts payable   (12,446 )   10,274     59,650  
             Accrued payroll and related payroll expenses   14,501     (30,118 )   21,661  
             Accrued reclamation costs               (1,443 )
                       Net cash used by operating activities   (586,032 )   (273,921 )   (5,509,925 )
Cash flows from investing activities:                  
     Purchases of property, plant, and equipment   (21,043 )   (4,392 )   (1,105,291 )
     Purchase of mineral property               (20,904 )
     Proceeds from sale of mineral property               120,000  
     Deposit received on sale of mineral property               320,000  
     Proceeds on sale of equipment   31,498           31,498  
     Purchases of or increase in reclamation bonds   (45 )   2,432     (121,133 )
     Purchase of marketable equity security               (7,500 )
     Proceeds from sales of marketable equity securities         2,112     95,901  
     Cash of acquired companies               38,269  
     Deferral of development costs               (759,209 )
                       Net cash provided (used) by investing activities   10,410     152     (1,408,369 )
Cash flows from financing activities:                  
     Exercise of stock purchase warrants   33,936           2,571,536  
     Sales of common stock, net of issuance costs   580,170     30,000     4,841,246  
     Principal payments on capital lease   (8,069 )   (24,212 )   (191,566 )
     Principal payments on notes payable   (53,273 )   (86,345 )   (363,800 )
     Note and interest payable, related party net   10,610     70,048     82,717  
                       Net cash provided (used) by financing activities   563,374     (10,509 )   6,940,133  
Net change in cash and cash equivalents   (12,248 )   (284,278 )   21,839  
Cash and cash equivalents, beginning of period   34,087     321,254     0  
Cash and cash equivalents, end of period $  21,839   $  36,976   $  21,839  
Supplemental disclosure of cash flow information:                  
Interest paid in cash, net of amount capitalized $  7,593   $  14,482   $  77,077  
Non-cash investing and financing activities:                  
     Common stock issued for:                  
             Property, plant, and equipment             $  50,365  
             Mineral properties             $  333,300  
             Payment of accounts payable $  525         $  12,730  
             Acquisitions of companies, excluding cash             $  743,653  
     Capital lease obligation incurred for equipment acquired $  5,625         $  184,213  
     Notes payable for property and equipment acquired             $  482,634  

5

The accompanying notes are an integral part of these financial statements.


New Jersey Mining Company
Notes to Financial Statements
(Unaudited)

1.            Basis of Presentation:

These unaudited interim financial statements have been prepared by the management of New Jersey Mining Company (“the Company”) in accordance with accounting principles generally accepted in the United States of America for interim financial information, as well as the instructions to Form 10-Q. Accordingly, they do not include all of the information and footnotes required by generally accepted accounting principles for complete financial statements. In the opinion of the Company’s management, all adjustments (consisting of only normal recurring accruals) considered necessary for a fair presentation of the interim financial statements have been included.

The preparation of financial statements in accordance with accounting principles generally accepted in the United States of America requires the use of estimates and assumptions that affect the reported amounts of assets and liabilities, disclosure of contingent assets and liabilities known to exist as of the date the financial statements are published, and the reported amounts of revenues and expenses during the reporting period. Uncertainties with respect to such estimates and assumptions are inherent in the preparation of the Company's financial statements; accordingly, it is possible that the actual results could differ from these estimates and assumptions, which could have a material effect on the reported amounts of the Company's financial position and results of operations. Operating results for the three and nine month periods ended September 30, 2010, are not necessarily indicative of the results that may be expected for the full year ending December 31, 2010.

For further information refer to the financial statements and footnotes thereto in the Company’s Annual Report on Form 10-K for the year ended December 31, 2009.

The Company presents its financial statements in accordance with accounting guidance for development stage entities, as management believes that while the Company’s planned principal operations have commenced, the revenue generated from them is not sufficient to cover all corporate costs. Additional development of the Company’s properties is necessary before a transition is made to reporting as a production stage company.

2.            Related Party Transactions

Stock payments are made to President Fred Brackebusch and Vice President Grant Brackebusch quarterly based on an hourly rate for management services above a predetermined amount and also in some cases in lieu of base salary. These payments have been deferred for the first and second quarters of 2010. As of September 30, 2010, these deferred payments were $48,549 for the first quarter and $31,250 for the second quarter. An unsecured line of credit with 0% interest was extended to the Company by Fred Brackebusch and Grant Brackebusch for the amount of stock due for management services in those quarters. In addition $2,918. in office rent for the second and third quarters of 2010 is payable to Mine Systems Design, a related party.

3.            Equity

Warrants

In the second quarter of 2010, 206,500 warrants were exercised; each warrant was exchanged for one unregistered share of the Company’s stock, at $0.16 per share resulting in proceeds of $33,936. No warrants were exercised in the first or third quarters of 2010.

Common Stock Issued for Cash, Goods, and Services

The Company issued 142,000 shares of unregistered common stock to President Fred Brackebusch for management services rendered in the three month period ending September 30, 2010. The shares were valued at $0.22 per share or $31,240.

During the three and nine month periods ended September 30, 2010, the Company issued 72,250 and 79,750 shares, respectively, of unregistered common stock to individuals for goods and services at fair value prices ranging from $0.17 to $0.25 per share for a total of $15,438 and $17,113 respectively.

During the three month period ending September 30, 2010, the Company issued 2,600 shares of unregistered common stock to individuals in exchange for accounts payable at a fair value price of $0.20 per share or $525.

During the three and nine month periods ended September 30, 2010, the Company issued 300,000 and 3,820,530 units, each unit consisting of one share of unregistered common stock and one stock purchase warrant, at an average price of $0.15 per unit. These units consisted of both brokered and non brokered units.

4.            Fair Value Measurement

The table below sets forth our financial assets that were accounted for at fair value on at September 30, 2010 and December 31, 2009, and their respective hierarchy level. Hierarchy level is determined by segregating fair value measurements using quoted prices in active markets for identical assets or liabilities (Level 1), significant other observable inputs (Level 2), and significant unobservable inputs (Level 3).We had no other financial assets or liabilities accounted for at fair value at September 30, 2010 and December 31, 2009.

6





Balance at
September 30,
2010
Balance at
December 31,
2009
Hierarchy
Level
Investments in marketable equity securities $   9,672 $21,665 Level 1

5.            Mining Venture Agreements

Newmont Venture Agreement

The Company entered into a venture agreement with Newmont North America Exploration Limited ("Newmont") in March 2008, relating to exploration of the Company's Toboggan Project. Newmont is conducting exploration in a 38 square mile area centered on the prospects that the Company has staked. To earn a participating interest in the Venture, Newmont is required to contribute $2,000,000 in exploration expenditures as follows: $300,000 on or before March 2009, an additional $700,000 by March 2010, and an additional $1,000,000 by March 2011. Newmont has completed two field seasons of exploration work and is currently conducting the third season in 2010. Newmont has made satisfactory progress toward completing their required expenditures under the agreement. NJMC has been providing drilling services on a per footage fee basis to Newmont for this project.

6.            Subsequent Events

Subsequent to the end of the third quarter of 2010, a Letter of Intent (LOI) was signed with United Mine Services, Inc. (UMS) to form a joint venture for the Company’s mill. UMS would fund the capital necessary to expand the mill to process 15 tonnes/hr and would own 1/3 of the joint venture. The Company would operate the mill and process ores from its own properties as well as from the Crescent mine, operated by UMS. A Definitive Agreement would be signed before the end of 2010. In the LOI, UMS agrees to pay the Company for engineering services related to the mill expansion prior to signing the Definitive Agreement.

Item 2:      MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS

When we use the terms "New Jersey Mining Company," the "Company," "we," "us," or "our," we are referring to New Jersey Mining Company (the "Company") and its subsidiaries, unless the context otherwise requires.

Cautionary Statement about Forward-Looking Statements

This Quarterly Report on Form 10-Q includes certain statements that may be deemed to be "forward-looking statements." All statements, other than statements of historical facts, included in this Form 10-Q that address activities, events or developments that our management expects, believes or anticipates will or may occur in the future are forward-looking statements. Such forward-looking statements include discussion of such matters as:

Forward-looking statements also typically include words such as "anticipate," "estimate," "expect," "potential," "could" or similar words suggesting future outcomes. These statements are based on certain assumptions and analyses made by us in light of our experience and our perception of historical trends, current conditions, expected future developments and other factors we believe are appropriate in the circumstances. Such statements are subject to a number of assumptions, risks and uncertainties, including such factors as the volatility and level of metal prices, currency exchange rate fluctuations, uncertainties in cash flow, expected acquisition benefits, exploration mining and operating risks, competition, litigation, environmental matters, the potential impact of government regulations, and other matters related to the mining industry, many of which are beyond our control. Readers are cautioned that forward-looking statements are not guarantees of future performance and that actual results or developments may differ materially from those expressed or implied in the forward-looking statements.

The Company is under no duty to update any of these forward-looking statements after the date of this report. You should not place undue reliance on these forward-looking statements.

Plan of Operation

The Company is executing its strategy to conduct exploration for gold, silver and base metal deposits in the greater Coeur d’Alene Mining District of northern Idaho while concurrently conducting mining and mineral processing operations on ore reserves it has located on its exploration properties. The financial strategy is to generate cash from these operations to pay for corporate expenses and to provide additional funds for exploration, thus reducing the need to raise funds through financing activities including sale of common stock. The strategy includes finding and developing ore reserves in order to increase production of gold, silver, and base metals. In addition, the sale or joint venture of mineral properties is used as a source of funds and to reduce exploration costs.

The Company has several properties at which most exploration is being conducted; the Toboggan Project, the Niagara, the Golden Chest, the Silver Strand, and the Coleman. The Toboggan Project is a group of prospects in the Murray, Idaho District that contain gold and silver

7


telluride minerals. The Toboggan Project is being explored by Newmont North America Exploration Limited under a joint venture agreement. Newmont is conducting exploration in a 38 square mile area centered on prospects that the Company has staked previously and on new claims staked by Newmont. Newmont commenced drilling of certain targets in the second quarter of 2010 and continued through the third quarter. The Niagara copper-silver deposit, also located in the Murray, Idaho area, in the Revett formation was drilled in the 1970’s, and the Company drilled five holes since which expanded the resource. The Company is searching for joint venture opportunities in order to acquire funding to develop the reserves at the Golden Chest mine. An exploration drill hole was completed at the Golden Chest in the second quarter and a thin, high grade vein was intercepted. Production of silver-gold ore commenced at the Silver Strand mine in May 2010, but late in the second quarter crews were reassigned to exploration at the Golden Chest. At the Coleman underground mine, during the first quarter a raise on the vein was started to help determine whether reserves can be calculated on the deeper parts of the Coleman vein.

The Company commenced core drilling operations at the Toboggan Project for Newmont under a service agreement in June 2010 and continued through the end of October 2010.

Subsequent to the end of the third quarter of 2010, a Letter of Intent was signed with United Mine Services, Inc. (UMS) to form a joint venture for the Company’s mill. UMS would fund the capital necessary to expand the mill to process 15 tonnes/hr and would own 1/3 of the joint venture. The Company would operate the mill and process ores from its own properties as well as from the Crescent mine, operated by UMS. A Definitive Agreement would be signed before the end of 2010.

Changes in Financial Condition

The Company maintains an adequate cash balance by increasing or decreasing its exploration expenditures as limited by availability of cash from operations or from financing activities. The cash balance at the end of the third quarter was $21,839, and Figure 1 shows the corresponding balances for previous accounting periods.

The cash balance decreased during the third quarter due to lack of financing activities and limited revenue.

Results of Operations

Income Earned during the Development Stage (Revenue) for the third quarter of 2010 was $136,013 as compared to $193,171 for the comparable period of 2009. Revenue was lower in 2010 due to lower gold sales. Figure 2 shows a net loss for the third quarter of 2010 of $76,207 compared to a loss of $165,352 for the third quarter of 2009. The net loss for the third quarter of 2010 was less than the third quarter of 2009 because of reduced operating costs.

8


There was no gold production in the third quarter of 2010 nor was there any in the comparable period of 2009. No gold production is expected for the remainder of 2010.

At the Golden Chest mine, production depends upon the ability to complete development of reserves. If the Idaho vein ramp development can be completed there will be more than 200,000 tonnes available. There are no plans in 2010 to commence ramp development unless a joint venture partner or other means of financing can be arranged.

Ore production started at the Silver Strand mine in the second quarter of 2010 but was suspended due to low metallurgical recovery in the concentrate leach plant. While management expects that it can solve the metallurgical problems with Silver Strand ore, no production will be possible for the remainder of the operating season.

The amount of money to be spent on exploration at the Company’s mines and prospects will depend upon the amount of gross profit generated by operations and the amount of money raised by financing activities. Management expects that minimal work will be done at the Company’s mines for the remainder of 2010 and that the mineral processing plant will remain idle the remainder of the year.

The Company will continue to look for a joint venture partner at the Golden Chest mine and to pursue equity financing. The Company is drilling for Newmont at the Toboggan Project on a contract basis during the 2010 summer and fall season. Newmont currently pays for all exploration activities on the Toboggan Project. We expect to receive cash flow by providing drilling services to Newmont on our joint venture (see note 5. Mining Venture Agreements – Newmont Venture Agreement).

Changes in Direct Production Costs
Direct production costs decreased for the three and nine month periods ending September 30, 2010 compared to the comparable periods last year because the mining and milling properties have been shut down for the majority of the year.

Changes in Management Costs
Management expenses decreased for the three and nine month periods ending September 30, 2010 compared to the comparable periods last year because of limited activity in 2010. Management continues to receive a portion of payment in stock.

Changes in Exploration Costs
Exploration expenses increased for the nine month period ending September 30, 2010 compared to the comparable period last year. Exploration projects were put on hold in 2009 while production occurred at the Golden Chest property. In March of 2010 exploration activities were resumed at the Coleman and Golden Chest properties.

Item 3:      QUANTITATIVE AND QUALITATIVE DISCLOSURES ABOUT MARKET RISK

Not required for small reporting companies.

Item 4:      CONTROLS AND PROCEDURES

Disclosure Controls and Procedures

The Company’s President and Chief Executive Officer who also serves as the Company’s principal financial officer, has evaluated the effectiveness of the Company’s disclosure controls and procedures pursuant to Rule 13a-15(e) and 15d-15(e) under the Securities and Exchange Act of 1934 (the “Exchange Act”), as of the end of the period covered by this report. Based on such evaluation, the Company’s President, Chief Executive Officer, and principal financial officer has concluded that, as of the end of such period, the Company’s disclosure

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controls and procedures are effective in recording, processing, summarizing, and reporting, on a timely basis, information required to be disclosed by the Company in the reports that it files under the Exchange Act.

Changes in internal control over financial reporting.

The President, Chief Executive Officer, and principal financial officer conducted evaluations of the Company’s internal controls over financial reporting to determine whether any changes occurred during the quarter ended September 30, 2010 that have materially affected, or are reasonably likely to materially affect, the Company’s internal control over financial reporting. No material changes in internal control over financial reporting occurred in the quarter ended September 30, 2010.

PART II - OTHER INFORMATION

Item 1.      LEGAL PROCEEDINGS

The Company is currently a plaintiff along with Shoshone County, Idaho, and George E. Stephenson in a complaint against the USA, Secretary of the Department of Agriculture, Chief of the Forest Service, etc., for Declaratory Judgment and Quiet Title regarding a public right-of-way for the East Fork of Eagle Creek Road near Murray, Idaho. The complaint was filed on October 5, 2009 in the United States District Court, District of Idaho. The plaintiffs are bringing the action to adjudicate/declare under the Quiet Title Act, and under the Declaratory Judgment Act that the East Fork Eagle Creek Road is a public road as it crosses the lands owned by the USA in accordance with R.S. 2477.

Item 2.      UNREGISTERED SALES OF EQUITY SECURITIES AND USE OF PROCEEDS.

Neither the constituent instruments defining the rights of the Company’s securities filers nor the rights evidenced by the Company’s outstanding common stock have been modified, limited or qualified.

During the third quarter of 2010 the Company issued 300,000 shares of unregistered common stock, each unit of stock was accompanied by a purchase warrant. for net proceeds of $51,000 to certain accredited and sophisticated individuals in exchange for cash. In management’s opinion, the sale of the restricted shares, as defined under Rule 144, was made in reliance on exemptions from registration provided by Section 4(2) and Rule 506 of Regulation D of the Securities Act of 1933, as amended and other applicable Federal and state securities laws.

During the third quarter of 2010 the Company issued 2,600 shares of unregistered common stock at $0.20 for accounts payable and 72,250 shares of unregistered common stock at an average price of $0.21 for goods and services to other accredited and sophisticated individuals. In management’s opinion, the securities were issued pursuant to exemptions from registration under Section 4(2) of the Securities Act of 1933, as amended.

Item 3.      DEFAULTS UPON SENIOR SECURITIES

The Company has no outstanding senior securities.

Item 4.      REMOVED AND RESERVED

Item 5.      OTHER INFORMATION

None

Item 6.      EXHIBITS

Number Description
   
3.1

Articles of Incorporation. Filed as an exhibit to the registrant's registration statement on Form 10-SB (Commission File No. 000-28837) and incorporated by reference herein.

   
3.2

Bylaws. Filed as an exhibit to the registrant's registration statement on Form 10-SB (Commission File No. 000-28837) and incorporated by reference herein.

   
31.1

Certification pursuant to Section 302 of the Sarbanes-Oxley act of 2002.

   
31.2

Certification pursuant to Section 302 of the Sarbanes-Oxley act of 2002.

   
32.1

Certification pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.

   
32.2

Certification pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.

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SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.

NEW JERSEY MINING COMPANY

  By: /s/ Fred W. Brackebusch
     
    Fred W. Brackebusch, its
    President, Treasurer & Director
    Date November 11, 2010
     
     
  By: /s/ Grant A. Brackebusch
     
    Grant A. Brackebusch, its
    Vice President & Director
    Date: November 11, 2010

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