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?

[CP]

Hi again realnice,

Yes it is very sad when they don't know or even attempt to learn their "required" job description and required duties under "delegated" (limited) authority given them by the USDI!

Don't forget to read up on 36CFR's scope too where it says 36CFR's are not to be used to regulate mining claims (location) on FS lands, that authority still lies within the USDI (BLM).
The FS does have authority to regulate "mineral leases" on FS lands.

For information requesting, you should use the Freedom of Information Act or F.O.I.A. for short. There is a form to use as I understand it and timelines that the gov must follow when you file a request for information. I've never filed one myself but know of many claim owners who have done just that to get the complete file the department had on them and their claims.

Good luck with all this and keep us posted how it goes.

Congratulations on your upcoming graduation too!

CP