How do you determine when your disturbance becomes significant?? Options

[realnice]

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?

[CP]

You're welcome Chris.
I'd heard of the ACEC before and knew exactly where when the 1976 act was mentioned. You are spot on with the difference of recreational/hobbyist vs really prospecting in the field too Chris. Even for those who view themselves as that level (hobbyist or recreational) must understand the difference or you will be treated/restricted like a recreational user in a special use area, when actually the area of interest is not specially designated that you questioned the official about.
At any level as this thread demonstrates, claim owner or not, unfortunately our gov officials seem to be more apt to give a personal opinion rather than laws......and very sadly, if the citizen believes the opinion to be fact then they've had their rights violated in my opinion by not having been given the proper (legal) answer their job dictates!

The search feature in this forum will help emmensely for those who want to find a specific topic such as this or related. Although using ACEC in search wouldn't have brought up the info needed......but searching the FLPMA will (Federal Land Policy and Management Act of 1976), which will bring up a thread from several years back I posted about this and a very important excerpt from the act.

One excerpt of interest is..........
Sec. 302 (43USC1732) page 21 of the FLMPA pdf
no provision of this section or any other section of this Act shall in any way amend the Mining Law of 1872 or impair the rights of any locators or claims under that Act, including, but not limited to, rights of ingress and egress.

Federal Land Policy and Management Act of 1976 thread
You'll also find a download link in that thread to read the entire act which has some ineteresting info on the timelines and requirements of finalizing any withdrawls (ACEC) areas. The officials could be pushing outside their authority? NO WAY! ......Oooops that was sarcasim!

It never helps when we expect to ask a tax paid uniformed official for a straight answer and later find out it's pure bullsh*t!
But like Chris just said, you absolutely must double check their answers or be willing to accept the restrictions born of wishful thinkin' on the rangers part. But who if not the citizens will call them on that bs? It is OUR LAND!

Dig in folks, it really does pay off for you personallly!