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]

So, this is a lode claim. I can attest to having all required paperwork filed for the claim, corner markers, discovery marker, etc.

Hey dickb,
Like I said, all my paperwork with the BLM is up to date. I don't know how to make it more clear to you. I talk with the person responsible for recording this information on a weekly basis as we have become friends of sorts. I filed the maintenance fee waiver form for $10 as well as my affidavit of labor, etc. I also have a sign in the pit that reads no prospecting is allowed. My discovery marker in the picture is torn down all the time.geeeez!

The road could be an issue and the forest service did say that it was an issue. The road is stable and has not been narrowed at all. I have also reinforced it by placing large boulders along it. The forest service has dropped the road issue at this point. A sed fence is definitely a good idea and is something I'm going to do.

I could not find the post about prospecting where I can find pit size numbers. Anyone got a link???

[dickb]

Hi Again realnice:

If the BLM is solid behind you then you find yourself as the rope in a tug of war between the BLM and the FS.

You have rights as a valid mine claim holder under the 1872 Mining law and since no violation has been written, the way I see it you are within your rights to work your claim. What has been written above is the same way that I read the regulations. I guess you can send a certified letter to the FS and make them show you the laws your in violation of and what they specifically want you to do to satisfy them.

At that time you need to weigh your options. Fold or Fight!!!!!

Nice crystals and very nice job faceting the amethyst in the ring. The claim is certainly worth protecting!

Dickb