How do you determine when your disturbance becomes significant?? |
How do you determine when your disturbance becomes significant?? |
Jul 28 2010, 10:49 AM
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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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Apr 26 2017, 07:00 PM
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Master Mucker! Group: Admin Posts: 4,149 Joined: 7-October 03 From: Colorado Member No.: 3 |
Thanks realnice but I was not confused at all I know what you said previously and I only used that terminology/scenario to fit what you said..."can't afford lawyers to fight FS in court" right....you said that.
My point was .....why would it need to be in court with lawyers....you were merely "threatened" in the field and not even cited with any violations of any kind. Good gosh the FS is not even authorized to regulate mining at all to any degree at anytime on any land or ground they administer....that authority still is only delegated to BLM by congress....FS can only regulate surface use and occupancy....NEVER MINING! They are in fact required to approve P.O.O. submitted for mining claims and can merely "attempt to minimized adverse conditions" as the law states! But you are completely correct, I am not a lawyer and have never claimed to be one to any degree. How ever...I have helped more than a few miners/claim owners with their individual situations over time and even some that have had other gov agencies tell FS officials to stop messing with claim owners as it's not their job. Our club members know about these claims as they are the claim owners themselves or have read about them on the club members forum...... None of them had success because they followed my advise or anyone else's persay either....what they did was SELF ASSERT AS A CLAIM OWNER! YOU HAVE RIGHTS FS DOES NOT! They work for you! I sincerely wish the best for you on your future workings. Hopefully everything works out just fine and you have no further issues with FS now. I still stand by my comments or advise as given previously though.....I do not recommend ever using the FS or working with FS officials to write one's P.O.O. for their mine/claim! -------------------- CP-Owner/Administrator
www.ColoradoProspector.com IF YOU USE IT, THE GROUND PRODUCED IT! MINERS MAKE "IT" HAPPEN!! |
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