I recently received an email from the D.R who approves..or doesn't my P.O.O. I have had a public review last year and now apparently there is a new public review process??!! Anyone else heard of this?? If Ive already had a public review do I need to do this yet again?
Here's the email in full
im not current on the laws there in Colorado, but it seems to me that the laws pertaining to federal/state maintained public lands are being mixed together. i never remember anything about public reveiw before in any federally maintained public land before. i have heard of this on state/county/city maintained property.but like i said im not up on any of the other states laws.
You are being dicked.
They are creating a consent process which doesn't legally exist.... now they got you scratching your head. Don't fall for it. They obviously want you OUT but are sugar coating their motives in hopes that you play their new game. "Formal public scoping period"... where do they come up with this stuff?
Screw them!!! And screw them hard. Stick to the Federal letter of law and requirements of the 1872 mining laws, you are Federally protected from this vigilante renegade tree-cop crap. They cannot legally trump that (and they know it).... so they'll try tactics like this to just sweep you under the carpet and hope you go away. They have no legal basis for a court challenge. They have no right to create processes and compliance that doesn't exist. Call them out on this... refuse compliance beyond the Mining Laws of 1872... watch them squirm and cave in (they know they have NO legal basis)... looks like they're attempting to use you as a Guinna Pig. Don't be that guy. Take it to court if you have to.
Your fight starts......... NOW.
Well said, Ive gone through enough BS with the FS and tried my best to work with them. Im done getting Jerked around. If there is no law on the books that says I have to undergo this then I'm not. I'm trying to find more info on this lawsuit thing as well to get a better understanding of what is going on.
I'm happy to help you research your specific rights in regard to this if needed. I know that Dan, Johnny, and others here could also shed some very helpful light on the subject.
I'll go out on a limb... and guess.... that this FR transferred here from California (just a hunch).
Thankyou Swizz! i thought this sounded funny!
ya.... sounds like this FR wants to infect Colorado with Karuk fever.
beleive me, its going everwhere! once something gets started in one state, itll get rooted in others as time goes by! if people dont keep watching situations arise, theyll get swamped with someone elses rules!
Latest response
More info
Sorry to hear that you are going through this bs realnice. Seems like the FS rangers in your district are just making crap up as they go along as they think it goes?
Unfortunately this is what happens when you start jumping through hoops they put before you. I still feel the same way I did about this situation as I did in 2010 when we discussed determining significant disturbance definitions.
That thread has some great info I think and could be re-read now to see exactly what I mean.
http://www.coloradoprospector.com/forums/index.php?showtopic=3281
I'm still of the opinion that the FS does not have the authority (therefore can not) regulate mining! Just my opinion but I would have asserted myself and backed the FS off their obvious overstep of delegated authority right off the bat! That's just me and I tend to be more confrontational than many are comfortable with. As I've said many times before, everyone has their own levels of controntation they choose and all choices made for one's own claim can and will affect the next moves!
At this point it's going to be a bit tougher to accomplish (not impossible by far), but they are outside their delegated authority as the law, cfr's, fsm, and fsh all state/reiterate time and time again.
They "must approve" poo's....they can not deny them.....and in fact must comply themselves with 43cfr's as well as 36.....
I could go on and on here but the point is they are not knowledgable on their own jobs! Let alone the laws.....and I certainly do not see any evidence of any "fostering or encouraging" activities from the FS in this situation as the law states shoud be happening!
In fact quite the oppisite.....the claim owner has tried to do their best to "work with" the FS and they get the continual round of BS we see here. Kudo's to the claim owner for trying.
Seen it before and it's been going on for decades at many levels, some claim owners I know have wasted over a decade trying to "work with" the FS to only finally figure out/learn later that the FS had no authority to do what they did over the years.
Still didn't stop them from trying/doing these things to the claims owners......delays, more bs, delays, more bs, more delays......they stop when the claim owner asserts themselves with knowledge though, then they move on to the next hoping they find another person who doesn't know the laws. Then it's all a circus act for that person as long as the hoops are jumped through.
Luckily any of the Colorado Prospector club members can consult me as these issues come up and together we can avert many of these problems by knowing what to do when.
Good luck with this realnice, I hope you get it worked out so feel like you can get back on track with your work as you see fit.
Well, Im just going to pull from the information they sent me. I have attached it in a response above.
yup!! i didnt know if he was refering to state of federaly maintained public land. iguess im just getting old and dummer! and Leonard will probly agree! :)
:)
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