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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#2
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![]() Diggin' In! ![]() ![]() Group: Members Posts: 44 Joined: 28-July 10 From: Colorado Member No.: 7,319 ![]() |
Just checking in on this thread as I do occasionally. It seems I missed the comments by CP regarding court.
My issue originally arose when I was issued a cease and desist letter by the USFS. I was threatened with large fines if certain actions were not met. I sent in an appeal and was then contacted by the head of mining and minerals for the entire country apologizing and asking to withdraw my appeal in return for agreeing to a P.O.O. It was also explained that I could reinstate my appeal at any time. If I had not accepted this offer then this issue would have gone to the court system. I never stated that I was going to "Sue" the USFS, just that I could not afford lawyers to go to court against the USFS. The advice from this site was helpful but" going against the advice" of the admin was my choice as I don't believe the site admins are lawyers (maybe they are?) Hope this clears anything up . -------------------- realnice :music:
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Lo-Fi Version | Time is now: 3rd May 2025 - 03:49 PM |