Enjoying the gorgeous day...until the FS arrived

oneguy

Sr. Member
Aug 26, 2015
415
1,415
Montana
Detector(s) used
2 Goldmonsters, SDC 2300
Primary Interest:
Metal Detecting
Trying to get in a few more days and we had a beautiful day today!!!!!! Everything going great at my big operation (lol) until a Forest Service gal showed up! It started out pretty friendly and she said she wasn't here to issue a "cease and desist" order but just to see how things were going, etc. Here's a pic of my big time operation that consists of 1 hole 4-5 ft wide and about 5-6ft deep but no lower than water table (river height) but the bank is 4 ft high. By the time she got outta there I was informed my little AM sluice couldn't be used in the river (no discharging tailings into river). No moving boulders that could change the water course....lol I told her this river is always changing and has for eons and next spring you won't even know I've been in here? By the time she left it went from me cussing the govn. and her saying she'll have to notify her superior...... I kept laughing saying a 63yr old man who's had a heart attack, been thru 6 months of chemo, femur surgery, down to 140lbs, with a bad back and arthritis, who's just trying to enjoy some river time......can alter the life course of an ever changing river with a #2 shovel.

Anyways....had a great day "taking a knee" on the river until the Gov. showed up.

Unbelievable the crap a person has to go thru nowdays to scratch a little on a FEDERAL MINING CLAIM........(sigh)

I haven't worked up the cons yet....

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Can you believe how far this crap has gone?

A lone miner scratching out some rock...
 

This is "An appropriation of water flowing on the public domain" that is enforced more aggressive now.
 

I feel your pain brother --- total BS
My guess is she is trying to justify her job -- at yours and mine tax dollars expense
 

First I will ask is sluicing legal in your state, from what little I read it's not for recreational mining, pans, shovels and picks only. Hopefully I am wrong and Assembler a sluice does not appropriate water, highbanker yes.
 

First I will ask is sluicing legal in your state, from what little I read it's not for recreational mining, pans, shovels and picks only.

I'm a rookie and to be honest...I never even considered that using a small sluice would be any concern to anybody!!!!!!!!!!!!! After reading her little "rules paper" she left me I read that apparently now I have to submit a notice of intent or plan of operation! What a complete farce.......

I guess maybe I'll hand dig a settling pond, set up the AM box, then pack 5 gal. water buckets up onto the bank to run the sluice?.....lmao!!!!!!! Do I dare break out the 2" hand dredge?????

What a joke.............(disgusted)
 

We in Washington state went threw this stupidity back in the late 1990's, we were not even allowed to step in the water, fisherman could of course but miners no, well that changed after they finished all there studies and found out miners don't effect the fish and now I can pan, sluice and highbank year round. You might want to consider setting up a recirculating highbanker if the gold you are finding is worth it.
 

I say sluice all you want, tell em you got stage 1 Alzheimers. Should shut most people up.
 

We in Washington state went threw this stupidity back in the late 1990's, we were not even allowed to step in the water, fisherman could of course but miners no, well that changed after they finished all there studies and found out miners don't effect the fish and now I can pan, sluice and highbank year round. You might want to consider setting up a recirculating highbanker if the gold you are finding is worth it.

What? So you've got independent studies in the US, based on real science?

Most studies here in Sweden are ordered by the leftist politicians, and made by their friends from genus studies classes and other stuff going around here. Surprisingly, the studies always confirm what the elite already expected (like in North Korea), and this justifies raising taxes on everything. I can't recall any ban being lifted on anything I know around me...
 

It's such a sad story. I am so sick of local, state and federal rules & reg's pertaining to detecting and simple prospecting, I suppose it's because we are such "soft" targets for them. I don't know, seems like a violent group of protesters are allowed more rights than a fella out by himself with a scoop and 3 ft. sluice box somewhere.
 

Just keep digging she has nothing on you
 

I might suggest when confronted with an agency representative wanting to "harass" you while mining; it is prudent to ask what CFR(s) they are citing. Write the CFR they cite down along with their name, and then bring it to this forum. Being "harassed" by an agency employee can have some dire consequences for that employee. It is always prudent to write a letter to the District Ranger if it is found that the USFS agent "harassed you" without due cause. It also lets the agency know that you know your rights.

Nothing wrong with being nice about your query with the gov agent....as it allows you the opportunity to fight a more worthy battle. I have found in most cases that the agent simply does not know how to apply the correct applicable mining CFRs.

Bejay
 

The "Intent of surface impact" is separate from "An appropriation of water flowing on the public domain". However the cutting down trees and brush will effect the water runoff of any sloped areas.
 

I might suggest when confronted with an agency representative wanting to "harass" you while mining; it is prudent to ask what CFR(s) they are citing. Write the CFR they cite down along with their name, and then bring it to this forum. Being "harassed" by an agency employee can have some dire consequences for that employee. It is always prudent to write a letter to the District Ranger if it is found that the USFS agent "harassed you" without due cause. It also lets the agency know that you know your rights.

Nothing wrong with being nice about your query with the gov agent....as it allows you the opportunity to fight a more worthy battle. I have found in most cases that the agent simply does not know how to apply the correct applicable mining CFRs.

Bejay

She was not harassing me and we both kept things polite but I did let her know how I felt about gov. intrusion in EVERYTHING and especially on an old broke down guy scratching around on a Federal MINING claim with a #2 shovel just trying to enjoy retirement on a beautiful day. I was actually laughing while looking down and shaking my head in disbelief of the crap I was hearing? She did say she'd be notifying her superior....

I'll talk with some other claim owners who've dealt with these guys before and see what have to say about how hard or easy they are to get along with...????
 

I'll just leave THIS here.

You do not need to get permission. Tell em to go pound sand.

Heavy Pans

Thanks....I'll try and copy that info to have at hand if and when the battle continues.....????? One question......The river has Bull trout (supposedly endangered)....does the Bull trout crap over-ride most the info in your case link...?????
 

"An appropriation of water flowing on the public domain" can have an impact on any fish in the waters both good and bad. Even if there is currently no Bull trout the fish will still be listed because of the "Record history" of that fish in the waters and will receive Federal funds for it. The "Bull trout crap over-ride" is fueled by Federal funding. The "Intent of surface impact" is based on the type of "Lands" compared to "An appropriation of water flowing on the public domain".
 

I'm a rookie and to be honest...I never even considered that using a small sluice would be any concern to anybody!!!!!!!!!!!!! After reading her little "rules paper" she left me I read that apparently now I have to submit a notice of intent or plan of operation! What a complete farce.......

I guess maybe I'll hand dig a settling pond, set up the AM box, then pack 5 gal. water buckets up onto the bank to run the sluice?.....lmao!!!!!!! Do I dare break out the 2" hand dredge?????

What a joke.............(disgusted)
Write on a scrap of paper napkin - Notice of intent - I intend to get me some gold!
Plan of action - 1. Set up sluice. 2. shovel material into said sluice. 3. Repeat until my knees give out. 4. Pack up my sluice and go home possibly stopping on the way for a steak. 5. - Giving a friendly wave to the pretty FS Ranger.
If it needs to be notarized make sure to leave a ring from the water / beer glass in the lower right corner.

Hand them that & see if you get a giggle!
 

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