Zippoz

So I submitted a NOI to do drililng and bulk sampling to the forest service, and they havent responded

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Hello all,

Ive staked out some claims in colorado (forest service land) on a nice river that have some potential. I decided to submit a notice of intent to do drilling on not less than 4 sites on these claims, and based on the drill results to do a bulk sample of not more than 750 tons of material using a tracked excavator. I submitted the notice well over 20 days ago, and have yet to receive any response to my notice via phone, email, or mail. I dropped off the aplication with the district rangers office in person, even signed in on the visitors log, and got a hand written reciept that it was accepted. so i know theyve had it.

The regs say they have 15 days to respond, (36 cfr 228.4) and let me know if my plans require a plan of operations, and they haven't said a thing. So what im wondering is this. Can I start mining already?!

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There will be no response if they don't object. The NOI is not a permitting process. There is no permit to issue and the Forest Service really doesn't want to be seen as approving your notice. Sounds like it's time to dig! :)

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I absolutely WOULD NOT DIG until I received an approved Notice. They do have a prescribed time to respond and almost never meet their requirement. If you have not done a Notice or Plan before, you would be wise to involve a geologist familiar with the process to keep you out of hot water. The best proof of delivery is certified mail return receipt requested so you get the signed postcard back as proof. The laws have been changing recently regarding the Notice. If you want to experience the wrath of bureaucrats and rangers, then dig. They will have ACE, DEQ, MSHA, and a dozen other agencies on your tail.

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I'll tell ya. I was going to start a fairly large operation up in prescott national forest.

I put in my NOI crossed all my tee's and dotted all my I's and the next day I started moving in equipment, not mining just moving in equipment. a 35'trommel and a D8 dozzer. the next day a big guy with a ranger uniform almost painted on shows up and says your in violation. your plan has not been approved yet!
move it off or I'll fine you for every day its here. not saying this is the norm for them But hey good luck.?

AzNuggetBob

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I know the forest circus here in nv is hard to deal with. They wanted a NOI just for highbanking on one of the claims we bought a few years back. They were so hard to deal with. We even had a huge hole 50 yards away from the creek to dump our tailings into and it was still a problem with them.

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The Forest Service (circus) is full of green weinies these days and they consider that it is their forest. Anything over pick and shovel and hand work they require a POA (Plan Of Operation). They get every agency involved that they can to delay and obstuct your mining. I requested copies in writing of the laws that give them this authority. They told me to request those through the "Freedom of Information Act" FOIA.

This govment is way out of hand.

I guess I should threaten to sue every one of these jerks individually for over stepping and abusing their authority.

It's kind of like the IRS. They don't want to show the laws, because there really aren't any, just policies and codes.

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I'll tell ya. I was going to start a fairly large operation up in prescott national forest.

I put in my NOI crossed all my tee's and dotted all my I's and the next day I started moving in equipment, not mining just moving in equipment. a 35'trommel and a D8 dozzer. the next day a big guy with a ranger uniform almost painted on shows up and says your in violation. your plan has not been approved yet!

move it off or I'll fine you for every day its here. not saying this is the norm for them But hey good luck.?

AzNuggetBob

Sounds like your usual undereducated uninformed ranger Bob. He didn't even know the difference between an NOI and a Plan of Operation?

There is no approval required for an NOI. A Plan of Operation (POO) must be approved. What a doofus!

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I know the forest circus here in nv is hard to deal with. They wanted a NOI just for highbanking on one of the claims we bought a few years back. They were so hard to deal with. We even had a huge hole 50 yards away from the creek to dump our tailings into and it was still a problem with them.

No Federal Agency can make you file an NOI. That's an option for the miner when he is unsure whether his mining will cause undue or unnecessary damage.

The Forest Service has the option of determining if a POO is needed. They do not have the option of ordering an NOI.

I wish the Forest Service would spend more money educating these guys on their jobs and less money on hiring obvious power junkies.

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Clay, it's not that easy anymore. Despite what the Regs say, there are other ruling, some we have access to and others we don't. It's better to try to work with your local bureaucrat then to step on his dink and follow the Regs. Most of the bureaucrats have a huge chip on their shoulder and will run to all their other bureaucrat buddies in other agencies to "punish" you for what you think is right. One of my reliable sources said BLM no longer had that 15 days to respond, but had as much time as they want to respond.....or not at all. I have always been of the school to call, email, and snail mail the "authority" I'm notifying.

The ideology of the servants of the people are changing. It used to be that your local administering office would gladly help with information any way they could. I've had NOI's approved with letter in hand in 10 days. From what I have recently seen, they want to do everything they can to block it and leave it sit on their desk until you give up.

The definition of a miner is changing and being defined as anyone that sells their gold, even a metal detectorist. You will have to be MSHA certified, etc. This information is from a very reliable source. Expect to see more changes coming with the new. I don't want to highjack your thread, so I will start a new topic.

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Yeah I was told by the head guys here in elko that they NEEDED a NOI before any work will be done. Then proceeded to tell me that they needed to call Idaho and Utah to see how they do it. The one guy was the new supervisor and came from California. He told me that California does not allow highbanking of any sort and he plans on that being the norm for everywhere if he has his way. They have overstepped their bounds and are just trying to keep people out of OUR public lands.

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