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How do you determine when your disturbance becomes significant??
CP
post Nov 28 2010, 10:43 AM
Post #16


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Pit size of 1600 sq ft pit can be (in Colorado) 5-1600 sq ft pits state wide (on your claims) during any 24 month period before a "permit" or "bond" would be needed. dancing_smiley.gif

Here are a couple of the links mentioned and don't forget there are pinned threads at the top of the section where you'll find the prospecting definitions and state mining permits.
Here is a direct link to the prospecting definitions thread

And this one is the "state mining permits"
thread link, also from the same section in the forum.

Good job asserting yourself and diggin' into the information.
Very nice finds too, love those amethyst septers! happy088.gif

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realnice
post Nov 28 2010, 12:01 PM
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QUOTE (ColoradoProspector @ Jan 3 2007, 12:01 PM) *
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.


It says the term prospecting does not include...Am I reading this wrong??

Wow, I looked through that earlier scanning for numbers. Gotta slow down and read more!! wacko.gif

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CP
post Nov 28 2010, 12:10 PM
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Good work, that's the quote I was refering to but I didn't have all worded as the quote shows.
I think you are reading it correctly, so in other words, a disturbance below that 1600 sq ft would have to be a disturbance level less than significant or could even be classed as casual use?
You are the claim owner and it's got to be your call as to your work, the pit size and when you feel the disturbance does classify as "significant" according to the laws at hand.
If it's not a "significant disturbance of surface resources" then what does the FS think they are doing anyway? confused0082[1].gif

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realnice
post Nov 28 2010, 01:35 PM
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Here's a document that I have on significant disturbance that may be helpful to members.

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realnice
post Nov 30 2010, 06:21 PM
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Ok y'all, (those who have read up on this thread)

Because I have only 30 days to file an appeal. I hand delivered a letter to the district ranger requesting what regulations were used to determine the disturbance "significat". My letter FROM the ranger consisted of 3 scentences that read kinda like this; "I have visited the site and based on my observation and my resource specialists input I have deemed the disturbance significant". And so on. They can't just use thier personal judgement as I beleive they have in this situation. I have until the 16th to file my appeal; which I will be doing if I get their info or not. I beleive I have been wrongfully persecuted in this case and I intend to make it clear to the FS.

I requested info on regulations used for the determination of disturbance, and any reports from resource specialists, and information on these requirements for another active claim producing the same mineral. The reference claim is huge and is historic + in mining books with directions for anyone. It was formerly refered to as the "rainbow mine". Some of you may have heard of it. There is a plate in the denver museum from this site. The site is at leat 10 times larger of a disturbance than mine and I have never seen any reclamation happening. I do know the owner of this mine but he is almost 90 years old and is hard to reach.

So, sit tight and we'll see what happens:)

PS... to make this even better. I am graduating with a degree in Natural Resource Managment from Colorado State University this spring. What I have learned is that cooperation and communication is very important. This is not what I have experienced. After this, I could never work for an agency that is so disorganized and ignorant of their own policies. Sad really.

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CP
post Dec 2 2010, 08:24 AM
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Hi again realnice,

Yes it is very sad when they don't know or even attempt to learn their "required" job description and required duties under "delegated" (limited) authority given them by the USDI!

Don't forget to read up on 36CFR's scope too where it says 36CFR's are not to be used to regulate mining claims (location) on FS lands, that authority still lies within the USDI (BLM).
The FS does have authority to regulate "mineral leases" on FS lands.

For information requesting, you should use the Freedom of Information Act or F.O.I.A. for short. There is a form to use as I understand it and timelines that the gov must follow when you file a request for information. I've never filed one myself but know of many claim owners who have done just that to get the complete file the department had on them and their claims.

Good luck with all this and keep us posted how it goes.

Congratulations on your upcoming graduation too!

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realnice
post Dec 13 2010, 12:47 PM
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So, I am finally piecing together my appeal and hope to be done today. I have another week or so. I saw a definition somewhere where bonding is not required where given the nature of the disturbance no bond is required if the natural recovery will happen. Anyone remember where to get that??? I'm overloaded with info and regs right now

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CP
post Dec 15 2010, 01:12 PM
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Good luck with it too when finished.
I'm thinking maybe you read that in the prospecting definitions thread in the CDMG's definition and required working disturbance for bonding required vs disturbance.

I know I've read that one too many times but not for sure if that's where you'll find it right off the top of my head. When you start reading into them they really do stack up in the brain don't they? research.gif atomic.gif

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realnice
post Dec 25 2010, 12:19 AM
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Well I found that quote I was looking for about natural recovery, finished up my appeal as tight as I could given I was studying for a final exam and planning an internship in Costa Rica, and hand delivered it. Now I'm in Chicago and am heading to Costa Rica On the 10th on Jan. I informed the FS about this and told them to email me because I wont be back to the states until March. Now I'm waiting. They have 45 days to get back to me.....or else!!lol Thanks to you all for your advice.We'll see how this goes.
Still not getting email notifications....I'll figure it out chin.gif
Cheers!

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russau
post Dec 25 2010, 06:20 AM
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Good luck on your trip and Merry Christmass and Happy New Year to you and your family!
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Forestwalker
post Jan 2 2011, 03:03 PM
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"weather or not the operator submits a NOI, the DR has final authority..."

To bend you over...


Edit: Have a blast in Costa Rica dude! I took a trip there in 03 with a girlfriend and will have memories to last a lifetime. Watching Arenal spit fire at night from the cloud forest was the best.


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realnice
post Jan 8 2011, 05:59 PM
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Quick update:

Got a call yesterday from a man in Utah who takes care of situations like mine.
His role:
Geologist - Locatable Minerals
M&GM - CNO
c/o Uinta Wasatch-Cache NF

He said that he had been sent a copy of my appeal and that he can help me with my situation and apologized for the idiots who run the FS over here. He asked me to temporarily withdraw my appeal. It sounds like they don't want to go through the costly appeal process. So now we are going to try and work something out outside of the appeals process. He also said that he doesn't normally call appellants,but he wanted to talk to me because my appeal was so well put together:).. Thanks to you all and especially CP! He wanted to set up a conference call with the Roosevelt NF district ranger on Monday but I am leaving for the airport early. He will be sending some info to me in Costa Rica so I will see what they are proposing soon I guess. So I'm feeling pretty good about this. I'll keep you guys posted when I get some more info:)

Forest Walker: where is that quote from??


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CP
post Jan 15 2011, 10:43 AM
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Hi realnice,

Great work on your response and you are very welcome. Glad we could be of help with that.
Hopefully the FS will get their mind straight on this and work to "foster and encourage bonafide mining" as the law/regs state they are required too!

Forestwalker is mistaken on that quote.......The DR (district ranger) absolutely does not have the final say in anyway! There are multiple laws and regulations as well as FSM or FSH directives that REQUIRE THEM to comply with the mining law and mining authority or in other words.....They must follow the DOI/BLM's head authority and the mining law!

Keep us all posted on your future progress if possible too realnice, we'd love to hear about your positive outcome and successful digs on the claim!

Keep on diggin' in everyone!! research.gif emoticon-misc-004.gif

CP


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realnice
post Feb 5 2011, 10:57 AM
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Hola from Costa Rica.:)
No info from the FS yet.
On the other hand I have found some nice peices of petrified wood on the beach!:) I heard about all the snow and am sending sunshine your way:)!
Laters.

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realnice
post Mar 8 2011, 05:11 PM
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While in Costa Rica I had a Fax of a F.S document that requests an in field meeting when the snow clears. Back in Colorado now:). Now lets get this snow melted!


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