Colorado National Forest question?

[1more4me]

So, CO NF allows up to 3" dredge in some creeks- but states a few places - "Do Not Undercut banks".
Last trip out, I found a spot and worked up to root edge. Several decent nuggets and pickers came from right on that edge- surely a pile more ---if I'd undercut- but don't want to and shouldn't.
My question is- how far on the other side of the bank line can I start digging "in the woods". I know California reqired 300' from water mark- But I can't find anything from any site or doc on Colorados required distance. May have missed it. Anyone know?

I'd like to go next week and start digging the 2-3 feet to bedrock and about 5 feet into woods. From there follow the lines and boulders. It's a very defined creek bank and grown trees with plenty of room to avoid rooting anything but the brush. Then, can I pump water over into hole and suck up to highbanker? Discussion, links
Thanks.

 

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[Clay Diggins]

Maybe some more specific details would help you get a useful answer.

To begin with which National Forest are you mining on? There is no such thing as the "Colorado National Forest".

Where did you get the information about a 3" limit? There are no size limits on dredging that apply across an entire forest. Sounds like you got hold of a "recreational" brochure.

Are you on a mining claim?

Heavy Pans

 

[Clay Diggins]

Here are the regulations for mining on Forest Service managed lands. I'm not seeing any restrictions on dredge size or use, undercutting banks nor is there any setback for highbanking mentioned.

Those regulations don't mention anything about "recreational" mining. Recreation is subject to the whims of the local Forest Service district manager within certain limits. Since you intend to find gold worth money you might consider you are exercising your mining rights under the law rather than "recreating".

Colorado State does require a prospecting permit if the area mined exceeds two 1,600 square feet excavations per acre.

A prospecting permit is not required for "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 sounds like your mining would fit within that exception?

Heavy Pans

 

[1more4me]

Yep, that's about all I can find as well... On the phone, a USFS fellow at field office told me 3" today in my area. But I sure as heck cant find it in print. And can't find a word mentioning undercutting or distances -- except that the underwater area is considered part of the sq ft calculation...
May have read a wrong state or something last time...
Thanks for the second reply above.

 

[Clay Diggins]

The Forest Service regulations regarding mining and surface disturbance are, by law, the same on all the proclaimed National Forests. The eastern Weeks law forests are a different story but in the western public land Forests all the regulations are the same. There is no Federal law regarding suction dredging on any of the public lands open to location.

The states do sometimes have extra regulations relating to water quality. Use a settling pond for your highbanking and you should be fine.

Heavy Pans