How do you determine when your disturbance becomes significant?? |
How do you determine when your disturbance becomes significant?? |
Jul 28 2010, 10:49 AM
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Diggin' In! Group: Members Posts: 44 Joined: 28-July 10 From: Colorado Member No.: 7,319 |
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? -------------------- realnice :music:
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Nov 22 2010, 02:22 AM
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Master Mucker Group: Members Posts: 1,439 Joined: 22-February 04 Member No.: 98 |
Title 18, Part I, Chapter 13
Civil Rights Sec. 241. Conspiracy against rights Sec. 242. Deprivation of rights under color of law Sec. 241. Conspiracy against rights If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so securedC They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death. Sec. 242. Deprivation of rights under color of law Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death. If you go 42 USC Sec. 1985, that is a civil matter. 18 USC is criminal with criminal implications. -------------------- Today's socio-political climate is rock solid proof that Adam and Eve weren't prospectors.
If they were they'd have eaten the snake instead of the apple and we'd still be in heaven.... |
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Nov 23 2010, 06:12 AM
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russau Group: Members Posts: 2,841 Joined: 4-December 03 From: st.louis missouri Member No.: 43 |
it is a violation of federal law to stop/impede/interfer/harrase with any legal mining operation on a federal mining claim.
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