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: Members Posts: 1,301 Joined: 17-February 12 From: Central CO Member No.: 41,357 ![]() |
I suspect that's it - but it may not be..... I have read several articles on-line and in the mining magazines where the USFS & BLM accept the POO, but then refuse to allow the equipment in it access to the site - usually because the USFS destroyed the old road that was being used, but sometimes other reasons as well. Just do not know what the case is here as we have not seen the POO, or why this has gone to court. When the USFS gets unfriendly, they play all sorts of games to make access difficult - even when they are clearly in the wrong.
-------------------- Caveman
Aulus Livius Maximus World Traveler, 7 Continent Walker LEVEL 3 LIFETIME MEMBER Referral Code: SE2104 |
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