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]

Hi Realnice,

Russ is correct, you completely have the right to tell folks they can not dig there!
Amazing how much the FS officers wish to overstep their delegated authority and guidelines in the field.
Here are a few threads I think might have some great information for you to read that are all found in this same section of the forum (Prospecting and Mining Laws, Regulations etc.), by the named titles below.
Couple of them are rather long to read but well worth it I think and you'll see a few parts I've bolded that are of particular interest.

Prospecting, Government definitions
36CFR228, Minerals
FSM-Prospecting/Mineral Collecting, 2860 & 2861
43CFR3809, Surface Management

Hopefully you've already been browsing around the forum and found these but if not I'd start with those and then as you look over more, you'll find a ton of great info that could be helpful in the future.

And remember, you have the "right" to work/occupy your claim! The FS can not stop you or do they even have the right to regulate mines or mining operations.

The FS doesn't determine or have any authority to require bonds either. That determination and bonding is held by the state here in Colorado. They are the ones who actually reclaim (do the work) that any miners would abandon on bonded (POO's) activities.

I don't think you have crossed any of the "thresholds" that require a POO be filed in what you've described.
I wouldn't even think about filing a POO at this time from your described situation.
You'll find the definition for prospecting thread very interesting too if you are in Colorado as it has a square footage threshold mentioned that is much larger (and multiple) before any "permit" or "bond" would be required.

Personally I think I would have replied when they "allured" to the crime....Well officer, you just go ahead and right that "law" down that I'm in violation of! Bet they can not find one!
If they can't provide a law broken then a crime is going to be awful hard to prove in court. Then you could have finished by telling the officer to actually leave your claim!
Sir or Maam, you are disturbing my mining work and you need to leave now!

Just a thought, (I would say it), but you'll have to choose your path there, some folks aren't as apt to confront as others would be.

Hope some of this info helps and keep on diggin' , we all hope you hit the mother lode on your claim!

CP