How do you determine when your disturbance becomes significant?? Options

[realnice]

Hi all, im new to the site. Been prospecting for about 10 years here in Colorado. I hold a few mining claims and am wondering about determining significant disturbance on historically disturbed areas. An area where i have a claim has been logged and mined for a long time and the land shows it. It also has very heavy 4wd use. it is not very pristine at all. One of my claims is visible from the road so recently it has come upon scrutiny by the USFS. there is a 40 ft x 20 ft. worked area. The area is disturbed and is comprised of filled in diggs.
The 228.4 Plan of operations—notice of intent—requirements seem to fit my site as to not have to file a plan of operations, but one stipulation is...
(v) Operations, which in their totality,
will not cause surface resource disturbance
which is substantially different
than that caused by other users
of the National Forest System who are
not required to obtain a Forest Service
special use authorization, contract, or
other written authorization;

If they deem my operation to be causing significant disturbance what can they do? Arent they supposed to inform me to stop and complete a plan of operations? What are my rights here?

How do I appeal a desicion by the USFS?

[CP]

Hi realnice and welcome to the forums, we are all glad to have you here and make yourself right at home.

I think you've found the right place to get some answers, let me see if I can help you out a bit.
If the digs the FS are worried about are from historical digs (ie, not yours) then they can not make you take responsibility for them so don't accept them as your's if they aren't.
If they are your digs, then they still don't push or cross any thresholds that would need N.O.I.'s filed for.......the CDMG doesn't require a prospecting permit/bond until over 1,600 square feet will be disturbed in one dig, and you can have 5 of those digs upto that size open state wide in any 24 month period on different claims.
The FS maybe overstepping their authority? Sounds like it anyways so far from your description. I'd advise IMOH to NOT FILE ANY NOI with them at this time. Filing an NOI is stating to the FS that you as the claim owner are unsure whether or not your planned/current work will create a "significant disturbance of surface resources" and you'd like the FS to make that call for you.


In your first sentence there are two definitions needed to make a call on "significant surface resource disturbance" and those are ..... what is a "surface resource"? and what is considered "significantly disturbed"?

Surface resources falling under the authority of FS (by delegated authority-DOI/BLM) is only timber or agricultural. IE ....only trees or actual agriculture-crops,cattle grazing etc. Surface resources by law does not include recreational uses, shrubs or grasses etc, although the FS may try to say differently. Also the FS has no authority over the wildlife/fish or water, those are also under different dept authority control, they've many times tried to claim authority over those on FS lands in the past too.

The purpose of 36CFR itself states that the regulations are not to be used to regulate mining.
You can find the purpose, scope and 228 parts of 36CFR in the laws and regulations forum section titled 36CFR228

Also, you might wish to download your own copy of the CDMG's requirements/threshold for a prospecting permit which can be found in the same section titled state mining permits. On page 2 you'll find the pdf download for the CDMG's requirements, and although it's set up for dredging, there are also laws about consistency and also in application of laws as well as laws to prevent duplicate regulation by second depts such as FS trying to regulate what they should not be. FS is not delegated the authority to regulate mining except for some limited situations upon actual specially designated (by congress) areas. In general, on FS lands the BLM is still the mining authority.
Don't let the FS regulate you if they shouldn't be.

I believe the magic number of 1,600 sq ft. comes from the fact that any private/patented land owner can create that size hole on their land with out permits......consistency of application? I think so. Claim ownership is real property.

We filed an NOI back in 2003 which is posted in the forums also, titled what they didn't want you to know.
In it you'll see where I've quoted the appeal requirements in part of my response to the rediculous and late FS response to our NOI.

Take some time to read through all those, it's really dry reading but I think you'll like what you find once you've gotten through it all. Hope it helps too.

Good luck with your mining claims, we all hope you hit a nice streak! Oh and as a miner/claim owner, you are expected to make a disturbance to remove the minerals, just be aware of the actual thresholds/laws that do apply. The FS may not always be so "helpful" if you know what I mean.
Your right to mine is clear in the law, keep on diggin'!

CP