Colorado Prospectors Uniting, Justice Needed Options

[The Kid]

:D Hello everyone. I found out about this forum from the owners of ColoradoProspector.com. I own a mining claim in Colorado in the Crystal Peak area. I have supported myself from this claim for the past five years, despite the Forest Service's best attempts to run me out of business and of my claim. Though I am a responsible miner who comes with endorsements from the Colorado School of Mines, numerous teachers and professors, numerous other claim holders in the Crystal Peak area and other parts of Colorado, Idaho, and New Mexico, and numerous residents in the Crystal Peak area. Despite my numerous endorsements and my obviously environmentally responsible manner of prospecting on my claim, the Forest Service insists that I am a menace and has attempted to drive me off my claim and out of business for the past five years. Every attempt becomes more and more harmful to my operations, and to all of our abilities to carry out the intent of the 1872 mining law. In the course of the last five years I've had the Forest Service illegally modify my plan of operations without my participation (in order to deny me my right to occupy my claim in accordance of the 1872 mining law, as amended), put me in handcuffs during inspections of my claim (the first time I was quoting the Shumway opinion from the 9th circuit, and they told me that they would not release me until I shut up, denying me my right to free speech, and the second time I asked an officer to accompany me to my travel trailer to get my camera so that I could document those present for the inspection. When they refused to accompany me to get the camera, I started walking in the direction of my trailer, at which point three officers came after me, tackled me, pulled my thumb and shoulder out of joint, pepper sprayed my dog, and put me in handcuffs. Once again they told me to shut up, because I was of course being quite vocal about my rights. Present for this transgression was Dr. Douglas Abraham, Professor of Theoretical Physics at Oxford universities in England. When Dr. Abraham also became vocal and indignant, they demanded his ID. When they found out who he was, they promptly released me and went away. Neither time was I arrested or ticketed, though I insisted, angrily, that they do one or the other.), denied me the ability to use mechanized equipment on my claim by making it impossible to comply with unreasonable amendments, forced me to remove my workshop and storage facility without proper due process (FSM 2818), forced me to fill in currently active digs without proper due process (as prescribed at 36 CFR 228), produced a Surface Use Determination Report which denied me rights which are currently being excercised by others in the area (one such individual's SUD was prepared 3 months before mine, and is directly contradictory to mine, though it is for a very similar operation), and released an Environmental Assessment to the public which declares me to be out of compliance with State law (the Forest Service contends that I need to have a mining permit from the State. This is preposterous, as my Notice of Intent to Conduct Prospecting, and concurrent reclamation bond-$2000-was deemed adequate by the Colorado Division of Minerals and Geology on October 1st, 2003. Nothing about my operation has changed since then, except that I was forced to remove my storage and processing facility. If I wasn't in compliance with the state, I'm quite sure they would have let me know following the inspection on October 1st.) and declared that I had refused to place a bond with the Forest Service (at the supposed time that I refused to place the bond the Forest Service had not even asked for one!). This is an obvious illegal attempt to build public sentiment against me. Also, in the EA, the Forest Service declares that my bond amount would be over $20,000 for an operation which would only allow me to have necessary equipment and storage facilities on site for 60 days out of the year, would not allow me to use the spring located on my claim for preliminary rinsing of minerals (rinsing of these pematite specimen minerals does not release anything toxic into the environment, and the FS agrees, yet they still don't want me to use the spring), and includes the use of a backhoe or excavator to cause less than 1 acre of disturbance at any given time (again, such excavation does not release anything toxic into the environment, and the FS states that, even without mitigation, the operation will have negligible affects on surface resources and water quality).

[Redpaw]

The Kid,
Man what a mess, you had me laughing on the floor with your sentence about hollering "Shumway"...."Shumway"... I could just picture them cringing in their boots and trying to shut you up. but I am sorry that you had to go through that.

I need the specific charges 36cfr260.?? that you are charged with, I believe it is 36CFR261.10 for staying on your claim...The fence is not an issue as it pertains to the safety of the public.

Sec. 261.10 Occupancy and use.

The following are prohibited:
(a.) Constructing, placing, or maintaining any kind of road, trail,
structure, fence, enclosure, communication equipment, or other
improvement on National Forest system land or facilities without a
special-use authorization, contract, or approved operating plan.
(b.) Taking possession of, occupying, or otherwise using National
Forest System lands for residential purposes without a special-use
authorization, or as otherwise authorized by Federal law or regulation.

I've had the Forest Service illegally modify my plan of operations without my participation
Did you sign it after the changes were made?

forced me to remove my workshop and storage facility without proper due process FSM 2818

FSM is the latest attempt to get you out of the woods, by declaring you don't need equipment nor gaurds to prohibit theft

Procedures to eliminate uses of the surface where such uses are
not reasonably necessary or where the claimant is not actually
involved in authentic minerals-related activities are in FSM
2818. Such use is an encroachment upon National Forest System
lands.

What they are trying to do is get your Claim deemed Null and Void, Have they sought a trespass 5500-U against you?

concurrent reclamation bond-$2000-was deemed adequate by the Colorado Division of Minerals and Geology on October 1st, 2003

Have you purchased this bond as required by the State?

Though I have witten a longer entry than anyone else in this forum yet, I have not told you one-hundreth of the story! I, and my associates and friends, have done an enormous amount of research on mining law, and have extensive knowledge of mining law, but we always need more case law! We are not anti-government. We only wish to excercise our statutory rights, and to hold those in the government who would steal those rights from us accountable!

Documentation of Indifferences must be shown, Documenting these acts by Forest Service is Helpful and complying with the Bond is a forward step.

The only way you are going to win this is to follow the written laws and stated in USA vs Shumway:
ADMINSTRATIVE AGENCIES LACK AUTHORITY EFFECTIVELY TO REPEAL THE STATUTE BY REGULATIONS and The locators of all mining locations...so long as they comply with the laws....shall have the EXCLUSIVE right of possession and enjoyment of ALL surface located within the lines of their location


I can also HIGHLY recommennd that you get involved with these people who are located near you.

MSLF
http://www.mountainstateslegal.com/
Pacific States legal Foundation
http://www.pacificlegal.org/

The EA is available at the Fairplay Ranger District, 320 HWY 285, P.O. Box 219, Fairplay, Colorado 80440 and public comments are being accepted until January 12, 2004, I believe. Anyone who does not comment in this period is not eligible to appeal the decision, which decision should be made by February 12th, 2004. I would be extremely grateful for any comments submitted by like minded mineral enthusiasts, or just anyone interested in public processes and justice. If they are allowed to get away with this stuff in my case, you're next! And once they've set precedent, it will be that much easier for them. Please help me and help us all by commenting!

I will spread the word.....and lets see how much help the MRT can come up with.

Redpaw