devils head, foresr service Options

[i luv dirt]

First post i posted in wrong place sorry.
AM looking for info on pike national forest and digging,
was told i needed notice of intent.
Has anyone had problems with rangers out there.

[leonard]

First post i posted in wrong place sorry.
AM looking for info on pike national forest and digging,
was told i needed notice of intent.
Has anyone had problems with rangers out there.

Some times I think we ask to many questions not you asking here but you asking the FS. They pretty much say no automatically. How do you file a NOI if you don't have a claim? Until you file you are just prospecting.

I bet Dan agrees with me!

Leonard

[i luv dirt]

Some times I think we ask to many questions not you asking here but you asking the FS. They pretty much say no automatically. How do you file a NOI if you don't have a claim? Until you file you are just prospecting.

I bet Dan agrees with me!

Leonard

I thought i was doing the right thing by letting them now what
i will be doing because my truck will be in there around same place alot this
summer. i was told no digging of any kind with out noi.
I find it very funny that the laws say you can and the rules say
you cant.
The other thing i find funny is they SAY i cant dig but there are
no signs that say that, and there's motorcycle trails dug up all over the place.
PLEASE don't git me wrong i very strongly believe cycle riders have their right
to do their thing to and i don't ride.
do they have to pay 2000.00 per acre reclamation.
Do cycle trails fall under significant surface damage if not y not.
I thought a place was either opened or closed for mineral entry.


Thanks Leonard for your reply back I agree with you very much I should not have said anything to them,
but they should not be telling people no if its legal.





i luv dirt

[Denise]

Leonard is correct. No NOI is needed, especially if this not a claim!

Some feel more comfortable with having printed out laws and regs showing that they have the right to be doing what their doing.
That way when they are confronted, they can show the officials that they DO have the right. Then ask them to show you the laws they say you are breaking by digging with your hand carried tools.

[i luv dirt]

Leonard is correct. No NOI is needed, especially if this not a claim!

Some feel more comfortable with having printed out laws and regs showing that they have the right to be doing what their doing.
That way when they are confronted, they can show the officials that they DO have the right. Then ask them to show you the laws they say you are breaking by digging with your hand carried tools.

i have decided to email the person in the pike national forest, sens she will not call me back and ask for a
legal definition of significant surface damage.
she sent me a noi for mining activity through email at which has pursuant to 36 cfr 228 on it.
It also has usfs south plate ranger district on it.
It will be interesting to see what they will write in a email.



i luv dirt


Thanks mrs cp I will be doing exactly that and it will be 36 cfr 228

[CP]

Yep I do agree, you do not need to file an N.O.I. and even further I would recommend not filing one at anytime......including/especially if it's a claim.
By filing an N.O.I. you as the miner or claim owner are in fact requesting (via NOI) the ranger to determine for you whether or not your activities will create a "significant surface resource disturbance".
Within those key words you'll find their authority to regulate "surface resources" should they be "significantly disturbed"............ Surface resources are not minerals.
You'll want to take note of 36CFR's scope that says "it is not to be used to regulate mining".

Ok, so it can't (they can't/FS) regulate mining to start with..........nor can they regulate minerals as a "surface resource".....the only two catagories that contains is....Timber or Agriculture. Other than those actual "resources" the only other thing they can regulate is surface uses or recreational uses.

Be careful how you conduct yourselves in the field folks, it can and does make a difference.

Hope this info helps ya out some I luv dirt, and welcome to the forums.
You will find a ton of helpful stuff in the laws and regs sections of the forum too.

Also on an ending thought, even though it would be very nice of us as citizens to provide the officials with info in the field but the fact is......they should know their job duties and how to perform them way before they are face to face with us in the field......it's not our job to teach them theirs. Our taxes already should have paid their training.
You'd be much better off to say something more like this if confronted in the field....."if you'd like to provide me with the law I'm breaking sir/maam, then I'll be happy to verify and adjust activities accordingly. But if you have no law I've broken then please leave, you are bothering my days work! Have a nice day."

CP