Boulder County CO Dredging on my Un-patented Mining Claim. Legal?

[cafficgold]

Hi,

Looking for some advice if possible. I found out from the local news that the Boulder County Sheriff is shutting down access to Boulder Creek for flood repair that includes dredging the bottom of the river. I have approximately 25 acres of claimed river in the exact area that the county plans to dredge. My claims are on BLM land managed by the forest service and NOT part of Boulder County. Is the county allowed to close my access and dredge my claim? Doesn't seem right. I went to the BLM office in Golden CO and spoke with them. They said call the Ranger Office in Boulder. The Ranger Office said call the Boulder Sheriff and I am waiting to get a call back from them.

Looking for some advice and insight into the legality. Maybe I can get the dredge tailings

Thank you!

 

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[omnicron]

Sounds like your going to get robbed of your gold from the state...

 

[Goldwasher]

wow that is a bunch of crap

 

[goldenIrishman]

Sounds like the typical bureaucratic run around to me. It's time for you to start looking up case law on depriving a miner from access to his claim as well as removal of minerals from said claim. Their actions could easily render your claim worthless in no time. You need to protect your rights now or they will keep taking away the rights of not only you but every other miner in the country! Contact groups like PLP and Western Mining Alliance for help. You need to move on this before you're left holding a claim that has no gold left on it because of their "Flood Cleanup".

At the very least you could demand that all of the dredged materials are your property and if they feel that they HAVE to dredge that creek at this time that they have to give you all the materials they remove. As a claim holder, YOU are the only one with the legal right to access any minerals within the boundaries of your claim. The government types are going to try to tell you otherwise but your rights to that property and it's minerals as the claim holder were granted by congress.

 

[Underburden]

Look on the bright side. They are removing all the overburden making it so much easier for you to work the bedrock.
I went through this same BS back in 2011. Material was not removed from the claim so all the over burden was layed up on the creek bank. My case involved creating 'salmon pools'. Twenty plus pools excavated to bedrock. Where there wasn't a salmon pool indicated shallow bedrock. Sniped 14+ grams from bedrock in a short 10' x 4' section in between salmon pools (shallow bedrock).
You can try to fight it, but by the time you get your ducks in a row, the job will be done.
They should have notified you prior to awarding the contract.
Without a Plan of Operation, they'll tell you that your claim is in-active, not closed or anything like that, just in-active.
They'll have a dozen excuses to offer so break out the Vaseline

Bob

 

[DDancer]

You might want to lawyer up and quick. The sheriff most likely has right to close the area for reasons of public safety however the removal of materials for any claim is something you are very likely have a right to compensation for. Its doubtful you will be able to prevent the local authorities from removing the material in lew of the fact they are making the area safe to local traffic. However you may be able to make a case for compensation and have them remove the overburden at the same time.
A thought.

 

[jog]

You need to get in touch with a mining district in your area, if none try this. WWW.WESTERNMININGALLIANCE.ORG or Jefferson Mining District - Mining in Oregon - South West ... As posted earlier I believe they have to notify you of the work in advance and they cannot take the minerals. The sheriff should be standing up for your rights & backing you the whole way.

 

[ssdevilfish]

I'm in boulder county. If you need a hand hauling the piles they leave for you I would love to help sluice it out. I have in the past gotten access to piles the towns have dredged out. It just takes a little sly talk and you will get access to it. Or you can take the piles. Then deal with it all later. Pm me if you need help.

 

[cafficgold]

Thanks for the replies! goldenirishman- Thank you for the resources. I have contacted Western Mining Alliance to see if they can help. The sheriff called back and said I face arrest, fines and jail time if I access the creek bed on my claim on land the county has no authority over. They (Boulder County) plan to remove all the "silt" from the bottom of the creek bed using a dredge or other heavy equipment needed to remove rocks trees etc. The sheriff was terse and matter-of-fact with her answers. I will stand up for my rights as I think all miners should. I guess we will see how it turns out soon.

Opinions and advice welcomed!

Thanks again.

 

[omnicron]

There can be good gold in overburden...

 

[cafficgold]

Look on the bright side. They are removing all the overburden making it so much easier for you to work the bedrock.
I went through this same BS back in 2011. Material was not removed from the claim so all the over burden was layed up on the creek bank. My case involved creating 'salmon pools'. Twenty plus pools excavated to bedrock. Where there wasn't a salmon pool indicated shallow bedrock. Sniped 14+ grams from bedrock in a short 10' x 4' section in between salmon pools (shallow bedrock).
You can try to fight it, but by the time you get your ducks in a row, the job will be done.
They should have notified you prior to awarding the contract.
Without a Plan of Operation, they'll tell you that your claim is in-active, not closed or anything like that, just in-active.
They'll have a dozen excuses to offer so break out the Vaseline

Bob

I do get the "upside" of the situation, but it kinda feels like someone (government no less) coming into your home and stealing stuff- but being thankful that they didn't get the microwave. Thanks for the experience you shared. I can use all the info I can

 

[goldenIrishman]

Thanks for the replies! goldenirishman- Thank you for the resources. I have contacted Western Mining Alliance to see if they can help. The sheriff called back and said I face arrest, fines and jail time if I access the creek bed on my claim on land the county has no authority over. They (Boulder County) plan to remove all the "silt" from the bottom of the creek bed using a dredge or other heavy equipment needed to remove rocks trees etc. The sheriff was terse and matter-of-fact with her answers. I will stand up for my rights as I think all miners should. I guess we will see how it turns out soon.

Opinions and advice welcomed!

Thanks again.

You're more than welcome man! That sheriff needs to remember that she is a public servant. It's kind of a shame that you couldn't tape the phone call. Playing it back come election time might get people thinking that she really needs to be replaced with someone that is going to look out for the interests of everyone. If nothing else maybe the county could take up a collection to send to to a class on how to develop "People skills".

This is the kind of case that is important to all of us that mine. Local government that doesn't care what federal laws say about a persons rights has to be put in their place. By taking the actions that they are they are leaving themselves open to a major law suite which will cost everyone in the county in the end. I can think of at least a half a dozen laws they are breaking by not following proper legal protocol. Blocking access and removing minerals from a claim (provided they truck them off somewhere) alone are both major screw-ups on their part. Any Judge worth the title would find in your favor.

Another thought that came to mind... Does the county have all the permits needed already? EPA, Army Corp of Engineers etc? If that creek can hold a boat on it they will need the blessings of the Corp of Engineers. There was a case in New Mexico that comes to mind..... I'll have to remember/find the details again.

 

[jog]

Thanks for the replies! goldenirishman- Thank you for the resources. I have contacted Western Mining Alliance to see if they can help. The sheriff called back and said I face arrest, fines and jail time if I access the creek bed on my claim on land the county has no authority over. They (Boulder County) plan to remove all the "silt" from the bottom of the creek bed using a dredge or other heavy equipment needed to remove rocks trees etc. The sheriff was terse and matter-of-fact with her answers. I will stand up for my rights as I think all miners should. I guess we will see how it turns out soon.

Opinions and advice welcomed!

Thanks again.

You may explain to the sheriff that once you filed your claim and everything is in good standings (paperwork, fees, & required labor) that the land is now Public Domain. If she doesn't know what that is then she had better look into it.

 

[cafficgold]

You're more than welcome man! That sheriff needs to remember that she is a public servant. It's kind of a shame that you couldn't tape the phone call. Playing it back come election time might get people thinking that she really needs to be replaced with someone that is going to look out for the interests of everyone. If nothing else maybe the county could take up a collection to send to to a class on how to develop "People skills".

This is the kind of case that is important to all of us that mine. Local government that doesn't care what federal laws say about a persons rights has to be put in their place. By taking the actions that they are they are leaving themselves open to a major law suite which will cost everyone in the county in the end. I can think of at least a half a dozen laws they are breaking by not following proper legal protocol. Blocking access and removing minerals from a claim (provided they truck them off somewhere) alone are both major screw-ups on their part. Any Judge worth the title would find in your favor.

Another thought that came to mind... Does the county have all the permits needed already? EPA, Army Corp of Engineers etc? If that creek can hold a boat on it they will need the blessings of the Corp of Engineers. There was a case in New Mexico that comes to mind..... I'll have to remember/find the details again.

I'll do some digging and see about the permits. Thanks!

 

[Hefty1]

Something doesnt sound right here.....

BOULDER, Colo. — Boulder Creek will be closed to swimming, tubing and kayaking for the next 60 days beginning Tuesday as crews clean up sediment and debris from last year’s flooding.
The city of Boulder and the Boulder County Sheriff’s Office are making the popular creek off-limits by emergency rule until the restoration work is completed.
Heavy construction equipment will be used to dredge and restore the creek and could prove hazardous to anyone in the waterway.
The creek will be closed from Boulder Falls to the city of Boulder’s western limits. In Boulder, it will be closed from the western city limits to the eastern city limits, at about 75th Street and Jay Road.
Boulder Police can issue citations if anyone is found violating the rule with a penalty of a fine up to $1,000 and/or 90 days in jail.

 

[dirtdigginfool]

Hey..no lawyer or land management expert here, but Sir, I surely do wish you the best of luck!! As soon as I seen "BLM" in your post...I cringed, especially with what they have been doing to the ranchers out west. Looks like you joined to recruit some help/advice..and luckily goldenirishman seems to have his wits about him and lucky hes on our side! Good luck..and please keep us posted..ddf

 

[cafficgold]

Something doesnt sound right here.....

BOULDER, Colo. — Boulder Creek will be closed to swimming, tubing and kayaking for the next 60 days beginning Tuesday as crews clean up sediment and debris from last year’s flooding.
The city of Boulder and the Boulder County Sheriff’s Office are making the popular creek off-limits by emergency rule until the restoration work is completed.
Heavy construction equipment will be used to dredge and restore the creek and could prove hazardous to anyone in the waterway.
The creek will be closed from Boulder Falls to the city of Boulder’s western limits. In Boulder, it will be closed from the western city limits to the eastern city limits, at about 75th Street and Jay Road.
Boulder Police can issue citations if anyone is found violating the rule with a penalty of a fine up to $1,000 and/or 90 days in jail.

Hi Hefty1, thanks for the response. The restoration doesn't sound right or? My claims are located about 1500 ft down stream from Boulder Falls and continue down quite far - so within the area they are restoring. There are areas of Boulder Creek that are County owned, but mine are on BLM land.

 

[cafficgold]

I'm in boulder county. If you need a hand hauling the piles they leave for you I would love to help sluice it out. I have in the past gotten access to piles the towns have dredged out. It just takes a little sly talk and you will get access to it. Or you can take the piles. Then deal with it all later. Pm me if you need help.

If I were able to convince the county to leave me the material, the BLM would probably fine me and revoke the claim or who knows what. Thanks for your reply!

 

[Hefty1]

Cafficgold...there are a couple of issues here....access to and interference with minining operations.
Do you have any kind of poo with blm? Do you have any equipment on your claim? Plans of any kind for operations on your claims?

 

[Hefty1]

Such a short period of time to educate the many agencys involved.