How do you determine when your disturbance becomes significant?? |
How do you determine when your disturbance becomes significant?? |
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#1
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![]() Diggin' In! ![]() ![]() Group: Members Posts: 44 Joined: 28-July 10 From: Colorado Member No.: 7,319 ![]() |
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 :music:
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#2
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![]() Diggin' In! ![]() ![]() Group: Members Posts: 44 Joined: 28-July 10 From: Colorado Member No.: 7,319 ![]() |
Havent been around a while. To answer a few questions.
Mrs.CP: The only benefit I got through having a P.O.O and Bond was foregoing the court process and getting back to working the claim. I am aware that I have been screwed. I do not have enough money to take on the USFS in court. Caveman: My claim is not on or near an ACEC. Happy Holidays. ![]() -------------------- realnice :music:
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#3
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![]() Moderator ![]() ![]() ![]() ![]() ![]() Group: Members Posts: 4,459 Joined: 25-August 09 From: way on up thar Member No.: 6,983 ![]() |
I do not have enough money to take on the USFS in court. If you have a solid case (and I think you do) this shouldn't cost you a dime. USFS (defendant) will be held liable for all court costs and attorney fees, not you (plaintiff). You may even have a good cause to sue and recover some of your mining losses... or settle for a figure out of court if you catch them dead to right and they're smart. Might cost you a down payment for a good lawyer, but should be able to recover that in the process. If your case is strong they (lawyers) will want it. Very good to hear from you again. ![]() -------------------- /l ,[____], l---L-OlllllllO- ()_) ()_)--o-)_) BLACK SANDS MATTER! Very Happy CP Lifetime Member CP CORE TEAM Referral Code CE213 |
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