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Prospecting, Government definitions
post Jan 3 2007, 12:01 PM
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Master Mucker!

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For those of you wondering exactly what "prospecting" would be defined as..............

Here is Colorado state gov's definition.

34-32-117 (2).
(12) "Prospecting" means the act of searching for or investigating a mineral deposit.
"Prospecting" includes, but is not limited to, sinking shafts, tunneling, drilling core and bore
holes and digging pits or cuts and other works for the purpose of extracting samples prior
to commencement of development or extraction operations, and the building of roads, access
ways, and other facilities related to such work. The term does not include those activities
which cause no or very little surface disturbance, such as airborne surveys and photographs,
use of instruments or devices which are hand carried or otherwise transported over the
surface to make magnetic, radioactive, or other tests and measurements, boundary or claim
surveying, location work, or other work which causes no greater land disturbance than is
caused by ordinary lawful use of the land by persons not prospecting. The term also does
not include any single activity which results in the disturbance of a single block of land
totaling one thousand six hundred square feet or less of the land's surface, not to exceed two such disturbances per acre; except that the cumulative total of such disturbances will not
exceed five acres statewide in any prospecting operation extending over twenty-four
consecutive months.


This post has been edited by ColoradoProspector: Jan 4 2007, 04:41 PM



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post Oct 16 2009, 06:59 AM
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QUOTE (nm jack @ Oct 16 2009, 07:45 AM) *
emoticon-misc-004.gif Ok here is a question. If I'm dredging on my claim how much material can I move before the FS/BLM requires me to file a POO or NOI.

they cant require you to file at all! remember the 1866/1872 mining laws!know what it says for your own protection and to keep from help setting a precident!
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post Aug 12 2012, 12:03 PM
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Rock Bar!

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QUOTE (russau @ Oct 16 2009, 08:59 AM) *
they cant require you to file at all! remember the 1866/1872 mining laws!know what it says for your own protection and to keep from help setting a precident!

I just visited the Fairplay FS office. They were pleasant enough, but I got a handout that (at the bottom) says "Anything other than panning; i.e. any activities that might cause significant disturbance of surface resources, falls into another category and requires a notice of intent with the Forest Service." (emphasis there's)
Can I just quote the 1872 Mining Act and keep shoveling gravel in to my highbanker? Somehow don't think that will satisfy the Federales. Has anyone on this forum successfully argued the point with a ranger?
As for the BLM, apparently, all they have to do is declare an area:ie Cache Creek, as 'acquired land' and its magically innured from the Mining Act of 1872 (see the BLM Royal Gorge site).
I think it could be argued as a tenant of law that regulations do not trump laws. Regulations cannot be used to negate or as lawyers say "vacate" a law. It's an end run around laws that were meant to protect the rights of citizens with the intent of restricting those very rights. Laws derive their power from the Constitution, regulations derive their power from bureaucrats.
Sorry about the rant, but until I can get the facts through my thick head, I'll put off buying that highbanker/combo.


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Posts in this topic
- ColoradoProspector   Prospecting   Jan 3 2007, 12:01 PM
- - ColoradoProspector   Hey All! I just edited the title of this thr...   Jan 4 2007, 05:11 PM
- - jmann   Well I think Im in bussiness. Joe   Jan 4 2007, 05:44 PM
- - russau   reading this didnt help my cabin fever one bit...   Jan 5 2007, 05:09 AM
- - ColoradoProspector   Glad you guys like this thread....I just happened ...   Jan 5 2007, 12:36 PM
- - ColoradoProspector   No more comments/questions yet?! Okay, I...   Jan 27 2007, 11:28 AM
|- - faaus   CP, you ,ake some very interesting points in this ...   Nov 22 2008, 09:22 PM
- - ColoradoProspector   Thought there would be more discussions on this th...   Nov 13 2008, 09:09 AM
- - ColoradoProspector   Thanks Faaus, Seemed like all those quotes kinda ...   Nov 25 2008, 01:14 PM
- - Mrs.CP   Great information Dan! How about that it woul...   Oct 15 2009, 07:13 AM
- - nm jack   Ok here is a question. If I'm dredging on my c...   Oct 16 2009, 06:45 AM
- - russau   QUOTE (nm jack @ Oct 16 2009, 07:45 AM) ...   Oct 16 2009, 06:59 AM
|- - Scratch60   QUOTE (russau @ Oct 16 2009, 08:59 AM) th...   Aug 12 2012, 12:03 PM
- - nm jack   Thanks Russ. I very seldom ask a question here I d...   Oct 16 2009, 08:37 AM
|- - russau   search the 1866 and the 1872 mining laws. or over ...   Oct 17 2009, 04:53 AM
- - Mrs.CP   No reason to send them to another site Russ. We ha...   Oct 17 2009, 05:12 AM
- - ColoradoProspector   Thank you Denise, you are correct too. Most the in...   Oct 17 2009, 10:20 AM
- - bottledigger   Great info, Thanks to   Feb 21 2010, 10:56 AM
|- - ColoradoProspector   QUOTE (bottledigger @ Feb 21 2010, 10:56 ...   Feb 23 2010, 02:23 PM
- - bottledigger   This is old, but I kept it in my computer. CP,If i...   Feb 21 2010, 11:03 AM
- - russau   before you attempt ot throw the 1866/1872 mining l...   Aug 12 2012, 05:31 PM
- - ColoradoProspector   Hi Scratch, The FS is not even authorized to regu...   Aug 13 2012, 06:34 PM
- - Crusty   Today's thread posted to the Facebook page...   Feb 1 2015, 08:53 AM
- - Olog the Ogre   I'm late to the conversation, but based upon a...   Mar 16 2017, 11:30 AM
|- - MikeS   I would argue the first clause Olog mentioned abou...   Mar 17 2017, 12:57 PM
- - johnnybravo300   The fast answers..... You can't file a claim o...   Mar 16 2017, 01:37 PM
- - johnnybravo300   The casual use term is a strange one.   Mar 16 2017, 04:25 PM
- - johnnybravo300   I've only seen written approval needed for som...   Mar 17 2017, 08:35 PM

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