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?

[Caveman]

Interesting...... there are mining claims there (where I'm looking), but they are all closed - not active, not refilled. She did say I could pan w/o any problems, but using any kind of mechanized requires a POO - even with no claim filed. I had thought that a POO could not be filed w/o a claim. I wonder if that applies to this particular ACEC in their minds - it has not been withdrawn from mining by the way, I asked specifically and she replied very quickly and assertively that it had not. It seems that they want to review what you want to do and charge a bond accordingly for restoration purposes. Grape Creek is an ACEC for archaeological reasons (Ute Temple). They do require that you fill out a NOI to run dredges, high bankers, power sluices, and trommels at Point Bar (hence the permit fee of $25 per type), but not for panning or stream sluices. If they are not allowed to do this per the Mining Law of 1872 and the Federal Land Policy and Management Act of 1976, then how are they getting away with it? Here are some of their Guidelines for the Royal Gorge Field Office (RFGO)...

Casual Use Activities

Casual Use means activities ordinarily resulting in no or negligible disturbance of the public lands or resources. Casual use generally includes the collection of geochemical, rock, soil or mineral specimens using hand tools; hand panning; or non-motorized sluicing. It may also include use of battery-operated devices for sensing the presence of minerals. Casual use does not include use of mechanized earth-moving equipment. See below for requirements specific to suction dredge operations.

Notification to the BLM is not required for casual use activities on public lands.

Recreational Placer Mining in the RGFO and along the Arkansas River corridor

Per 43CFR 8365.1-5: Except on developed recreation sites and areas (or where otherwise prohibited and posted) it is permissible to collect from the public lands reasonable amounts of rock and mineral specimens for noncommercial purposes. Motorized or mechanical devices, except metal detectors, may not be used to aid in the collection of rock and mineral specimens.

Over the Counter Notification : For notice level operations at the Point Bar Placer Area, the following thresholds apply:
•In stream (suction dredging) equipment is limited to 4-inch intake nozzle and 8 hp motors.
•On shore (high banking) equipment is limited to a 3-inch intake hose or nozzle and 8-hp in total motor size.
•Operations are permitted between April 1 and September 30

General Conditions of Use

Placer Activities
•Streamside (riparian) vegetation shall not be damaged by operations.
•Motorized vehicles are restricted to designated roads and parking areas and shall be kept at least 20 feet from the edge of the stream, and away from wet or muddy areas next to the stream, streamside vegetation, or wetlands.
•On shore excavation locations shall be refilled upon completion of work. If the operator leaves the area for more than a two-day period, this work must be completed prior to departure.
•All trash, debris, or other items that were brought to the area, shall be removed to an approved disposal site when work is completed.

Public Lands
•Control erosion and water runoff.
•Take measures to isolate, remove, or control toxic materials.
•Reshape and re-vegetate disturbed areas where reasonable and practicable.
•Rehabilitate fisheries and wildlife habitat where reasonable and practicable.
•Maintain equipment, and other facilities in a safe and orderly manner.
•Do not collect or disturb historic or archaeological resources or sites.
•All operations are required to comply with applicable state or federal regulations pertaining to threatened and endangered species.
•Unnecessary and undue degradation of public lands is not authorized.


And check the Causal Use Limitations in this document:

http://www.blm.gov/pgdata/etc/medialib/blm...Information.pdf