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?

[realnice]

I have a mining claim that was unfortunately shut down this summer:( All work has been done by hand. The work area is approximately 20ft x 40 ft of filled in digs. My partner was at the site early in the summer when he informed a man that he was digging on a claim. The man was upset because he did not realize that even though he was not digging in the immediate area of operations, he was still digging on our claim. So, he went and got a ranger who immediately asked about the mine and didn't like the disturbance. The ranger said we couldn't tell people they cannot dig??!! Take in mind that we have been digging the site for approximately 3.5 years with rangers driving by and waving as they passed. Yes, the dig site is very visible from the road;Right next to it. This invites lots of claim jumpers who have caused lots of the disturbance. A cease and desist letter was sent and they took 4 months to tell me to put in a POO or pay $2,000 while alluding that I was going to be charged with a crime:0

My question is when is the line crossed between small time mining with only hand tools and significant disturbance? I know that it is compared to disturbance caused by people who aren't required to have a permit. I have seen a few different documents and it seems a little fuzzy. What size area should I request in my POO and can I have multiple work areas? Look at my work area. What kind of bond have people had for this size of disturbance??

Here it is. Thanks for any input or help!

[iowajoey]

I have a mining claim that was unfortunately shut down this summer:( All work has been done by hand. The work area is approximately 20ft x 40 ft of filled in digs. My partner was at the site early in the summer when he informed a man that he was digging on a claim. The man was upset because he did not realize that even though he was not digging in the immediate area of operations, he was still digging on our claim. So, he went and got a ranger who immediately asked about the mine and didn't like the disturbance. The ranger said we couldn't tell people they cannot dig??!! Take in mind that we have been digging the site for approximately 3.5 years with rangers driving by and waving as they passed. Yes, the dig site is very visible from the road;Right next to it. This invites lots of claim jumpers who have caused lots of the disturbance. A cease and desist letter was sent and they took 4 months to tell me to put in a POO or pay $2,000 while alluding that I was going to be charged with a crime:0

My question is when is the line crossed between small time mining with only hand tools and significant disturbance? I know that it is compared to disturbance caused by people who aren't required to have a permit. I have seen a few different documents and it seems a little fuzzy. What size area should I request in my POO and can I have multiple work areas? Look at my work area. What kind of bond have people had for this size of disturbance??

Here it is. Thanks for any input or help!

HI ,It Can Get Technical at times ...Is your Claim Placer or Load or What ?? First of all you all may be in Violation .Including The BLM...It looks aweful Close to a Watershed for the Road and then You have to Give Ease way from the Road .
Get Ahold of A BLM .Land Adjudication Agent at the Nearest Office and Have them Come Inspect ..That is if you are Sure you are Posted and IDed correctly on the Site ..You can File An Exploritory Permit and Dig Anywhere on the Posted Area and No-one else is allowed to Do So In your Claim ..Copy of your Award Letter and A Copy of the AMC.Registration should be in Your Possession any Time You Are there ..
I often Keep a Copy of the CFRs concerning Mining And Minerals in The Glove Box of the Truck
I am An Ex Hotshot Forester and im On your Side ..Theres to many Agents out there ,Just Trying to Run People Off ..You cannot stop people from Crossing Your Claim as Ease Way to another Area .But you can have them Arrested for Digging
Any Federal or State Regulation Officer can Ask You to Provide Proof Of Claim and ID ,But they Dont need to Be So Power Strickin ..Dont be Affraid to USE the Agents at the BLM ..Cause truely I believe they are to Blame for Not Warning You of the Fine Line Of the Claim so near A Questinable Area ..
If theres good riches there and you want to keep it ??Just file for The Mining Operations Intention Form ,Post the Bond and Have at it ..please Keep your Exploratory Digs down to 5 ft by 5 ft and Less than 18inches ,then just put it Back ..other option would be th Lode Claim and Tunnel Permit - - all demanding A Bond all the Best My Friends ........iowajoey@treasurendeavors.com