As the season for digging is approaching I am getting ready to finally get back to work at my claim after 2 whole seasons of no access:( (Look at my Sig Disturbance thread for more info on that) In my Plan of Operations I included that I will be fencing off part of my immediate work area with timber from the claim. Of course, as they have all along, the FS wants to make this an issue and turn it into a pain in my butt. I will be constructing a buck pole fence alongside 50 to 60 ft of my pit. They seem to think that I can use downed trees and If I need more than I'll have to wait for them to mark the trees which they will allow me to cut. This is a small fence and I would rather use the trees I want. I'm pretty certain that they have no right to restrict me in this way. Does anyone else use timber from their claim or have any experience with this?

FSM 2813.13b #2 States that I have the right to cut timber.




The FS continually seems to amend their own rules. Frustrating cannot describe it.




realnice

I would bet you will receive their attention big time if you start cutting trees unless they are dead. That could start getting into the "significant disturbance" area and require a detailed POO. If you were cutting a tree or two to improve access you might get away with it. We cut down and dead trees to use as firewood and improve river access but anything past that might cause problems. Enough to build a fence might get you a cease and desist.
Leonard

Good job digging up the needed info realnice.

Yep very frustrating for sure when FS officials are attempting to intimidate via their positions held! Actually illegal but that's another entire avenue.
Timber is yours to use on the claim for purposes there and most importantly, you as the claim owner have what is called "first right" to that timber.......ie the FS has to ask you if they wish to cut any trees on the claim!
You as the claim owner say which trees are cut and when/why not the FS....they aren't the ones mining the claim and remind them of that.
FS says that tree stays.....answer is......"there is a large suspected deposit just under it, it's gotta go!" Tree replanting would always be part of the reclaimtion.....not used to restrict claim owners mining work via a BS "preservation" tactic.

Assert yourself and keep up the good work knowing where they should stand.

Let us know how they take the news. Now where is that chain saw oil!!

well i agree with your right to do this, but what would be the problem in allowing the USFS to point out the trees to cut? working with them might help in other areas that you need help in getting into another area. a little sugar goes a long way! you can always take a tree that you need tobe removed that they didnt mark. keeping the USFS at bay maybe a good thing for your future!getting them riled up wont!

Leaonard - You can bet I already have their full attention . Again, read my significant disturbance thread to get an idea of that.(I'll be adding the rest of the info on things that have happened soon I hope...when I get less lazy) I have a Plan of Operations Submitted and signed and a bond. My plan for a partial fence is included within my approved POO.

russau - The problem I continually have with the FS, and that could be a pain, is that it takes them an extremely long time to get even the simplest tasks done. My claim is in a very wooded area and they have guidelines for cutting such as anything 6 inches in diameter or less, leave stumps no higher than 6 inches and use a chainsaw with a spark arrester on it. The amount of cutting for my small fence would in no way cause any significant disturbance and since it is approved in my plan I feel that it is one more way for them to try and impose their will. The District Rangers I have to deal with have taken an anti - mining and almost personal approach to dealing with me.
About the " a little sugar goes a long way"...you are preaching to the choir on that. I have made way too many compromises with them and honestly if you don't assert your rights with them then they will walk all over you and interpret the law any way they want.

Can anyone entering the National Forest cut dead trees for firewood??

Genericly, you can for campfire wood for camping. For firewood to take home it almost always requires a permit. When I'm camping I will cut dead wood for a campfire.
Leonard

i think the fee for the firewod permit is only $25. a year for a certain location. my late father-in-law used to get one every year.but that was for in Missouri but id "assume" other staes wouldnt be much more, but that price was 30 years ago!probly is more now!and you can only take downed trees from that location. but he was always in a slashed area.

As I understand it, when camping you can use the dead wood on the ground, but one would need a permit to cut any live or dead trees standing. This does not apply to a miner on their claim though!

MrsCP is correct. You are allowed to use any downed wood for camp fires. You must have a permit for cutting down any standing tree. There are permits for fire wood, and fence wood. I am sorry I don't know the price of the permits.

Here is an example of the permit needed for fuelwood cutting for the
"GRAND MESA, UNCOMPAHGRE and GUNNISONNATIONAL FOREST" (PDF file). This is some of their fee information.