How do you determine when your disturbance becomes significant?? |
How do you determine when your disturbance becomes significant?? |
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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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#2
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![]() Diggin' In! ![]() ![]() Group: Members Posts: 44 Joined: 28-July 10 From: Colorado Member No.: 7,319 ![]() |
Well,
let me begin by saying thank you for all the input. It was all great info and straight to the point. I hope this can help others as well. Some forums can get "toody' so I really appreciate the positive tone. I wasn't seeing any hits on the post so I haven't checked in a bit. I need to figure out how to get email if someone responds:) So, this is a lode claim. I can attest to having all required paperwork filed for the claim, corner markers, discovery marker, etc. I do not wish to include my serial number as I know how many would want to come and seek it! :) lol. I have been in contact with a BLM agent who has been great in providing me with information. It looks like I have more reading to do now! Here is the latest letter. I will try to post the cease and desist letter as well as I think It's lacking how they determined the disturbance significant. It's like they are just using their personal judgement! Latest letter. I hope I got all the clues outta there ![]() I am definitely planning on keeping the claim. Since I seem to past the NOI stage I will send them a POO. It really annoys me that they are making me re-contour it just to let me dig it up again immediately after???!! I know I will be requesting a fence around the immediate area. I may put a sediment fence below for good measure as there is a creek below. The "environmental assessment team" they sent up must have not seen an issue though. I'll be looking through prospecting thread for pit size info as well. As I do not have the money for a lawyer I am going to just put in the POO and see what happens. I wish I could fight it though. I really feel like the F.S rangers up here are idiots. What should I do about the $2,000. Is that something I'll have to pay down the line?? The letter is vague and that may be beneficial to me. I am requesting info on bringing in a backhoe for 1 or 2 days as well in the POO. I will let you all know what happens. OK!!!: ) heres some pictures, I know y'all want to see what I'm gittin at. ![]() ![]() ![]() ![]() -------------------- realnice :music:
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