How do you determine when your disturbance becomes significant?? Options Track this topic Email this topic Print this topic Download this topic Subscribe to this forum Display Modes Outline Switch to: Standard Switch to: Linear+

[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]

SOOoooooo....... I do not have to file a POO to use a battery powered power sluice in Grape Creek ACEC...... right?

I would say more than likely yes you are correct. But.......... the only way to find out for certain is to ....yep you guessed it, research it!
I've not researched it but beings as it's still called an ACEC that apparently borders the Ark headwater rec area? Then it's apparently never been finalized as a "withdrawn" area specially designated as such by congress itself......but the district rangers (past and present) sure would have liked to have included it as well as the other still named ACEC's in that area.
Funny though, reading through the FLMPA itself, it would seem to me that the time line limits for them to finish withdrawls under the act has passed by a number of years ago! Check it out and see how you read it.

What you'll need to find out is, are there current proceedings still underway concerning that particular ACEC's withdrawl as stipulated in the FLMPA with further time limits? If it is still in proceedings and or finalized then those documents/decisions are public information to be posted in that respective office for public notice/inspection including mineral assays of all mineral deposits. IE you should be able to verify their proclamation of "withdrawn" or they are just blowing smoke with their (and their bosses) personal opinion of the FLMPA.

If they are not finalized yet or do not have valid proceedings underway with the secretary and congress, then that land in fact is open still and you are fine to prospect there as in any other normal area not withdrawn. IMHO