How do you determine when your disturbance becomes significant?? |
How do you determine when your disturbance becomes significant?? |
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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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![]() Master Mucker! ![]() ![]() ![]() ![]() ![]() Group: Admin Posts: 4,149 Joined: 7-October 03 From: Colorado Member No.: 3 ![]() |
I’m still a bit confused on this scenario realnice put forth of suing the FS or taking them to court ……how would he end up in court to sue the FS to begin with?
I thought he’d written this POO as the claim owner (against our recommendations here) with the FS’s assistance (at his request) and then got approved for the work level/tools he stated/wrote into it……..? So how would he end up in court at all or to sue the FS? I’m lost on that part still. If it were in court (somehow) then what ever caused the effect of “court” would have to be addressed would it not,… whether it’s FS actions or claim owners that caused it to be “in court”? From what I’ve seen in this threads posted history of his actions, he’s approved on a POO he wrote which now he’s unhappy with? or did I miss something else?……I don’t see how attempting to sue the FS or take them to court would even address that correctly at this point. ![]() -------------------- CP-Owner/Administrator
www.ColoradoProspector.com IF YOU USE IT, THE GROUND PRODUCED IT! MINERS MAKE "IT" HAPPEN!! ![]() |
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Lo-Fi Version | Time is now: 3rd May 2025 - 03:47 PM |