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]

Ok y'all, (those who have read up on this thread)

Because I have only 30 days to file an appeal. I hand delivered a letter to the district ranger requesting what regulations were used to determine the disturbance "significat". My letter FROM the ranger consisted of 3 scentences that read kinda like this; "I have visited the site and based on my observation and my resource specialists input I have deemed the disturbance significant". And so on. They can't just use thier personal judgement as I beleive they have in this situation. I have until the 16th to file my appeal; which I will be doing if I get their info or not. I beleive I have been wrongfully persecuted in this case and I intend to make it clear to the FS.

I requested info on regulations used for the determination of disturbance, and any reports from resource specialists, and information on these requirements for another active claim producing the same mineral. The reference claim is huge and is historic + in mining books with directions for anyone. It was formerly refered to as the "rainbow mine". Some of you may have heard of it. There is a plate in the denver museum from this site. The site is at leat 10 times larger of a disturbance than mine and I have never seen any reclamation happening. I do know the owner of this mine but he is almost 90 years old and is hard to reach.

So, sit tight and we'll see what happens:)

PS... to make this even better. I am graduating with a degree in Natural Resource Managment from Colorado State University this spring. What I have learned is that cooperation and communication is very important. This is not what I have experienced. After this, I could never work for an agency that is so disorganized and ignorant of their own policies. Sad really.

realnice