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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[cafficgold]

Although an injunction comes to mind the short notice period may well have been anticipated in a State with such a long and important mining history.

I'll just leave this HERE:

Thank you Clay! I think the short notice was well anticipated. I appreciate your help and assistance. The excerpt is just what I needed!

 

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[cafficgold]

http://www.treasurenet.com/forums/gold-prospecting/411080-those-you-who-just-don-t-get.html

Lots of good info...

Great talking to you this morning...keep us posted.

Great talking with you Hefty1. Thanks for the mining sign and all your advice. It really helped. You guys are an amazing bunch!

 

[cafficgold]

I know some one who was involved with the clean up in that area. He was working on Left Hand Creek. The job is federally run, so that gives you an idea of who you are dealing with. The money being wasted on the clean up is astounding!! The removal of debris is secondary to making money, as the contractors get paid by the weight of the load coming out of the flooded areas, so the the contractors are padding the weight with dirt and rocks because the downed trees don't pay as well. So, don't be surprised if your dirt doesn't ease on down the road. He did say that there was a guy on Left Hand who was high banking and Boulder County tried to shut him down, but couldn't. I don't know the whole story on that one.

Great inside info. Thank you Gold Rover!

 

[cafficgold]

Good news. I just got off the phone with the Boulder county commissioner. They assured me that they will not access my claim or remove any type of mineral and apologized for the way the situation was handled. We had a good conversation and feel that I probably made more of a friend than foe at the commissioners office. I asked about access and he is going to get the County Attorney to call me to clarify that piece. Thank you to everyone that offered up information, links and phone calls. I have certainly found a family here at TNet.

Will keep you posted if anything changes.

 

[KevinInColorado]

Excellent!

...I will tell my wife she was right again ;-)

 

[cafficgold]

Excellent!

...I will tell my wife she was right again ;-)

Thank you KevininColorado. And thank your wife for me as well. Wives are always right - if you want a peaceful life, anyway

Turns out the commissioner lives in Boulder Canyon and drives by my claim everyday.

 

[Bejay]

Hi Hefty1 - As for equipment and or any plan of operation, I have neither at this point. I have been busy prospecting the area when the ice and snow allowed. I had planned to file a POO once the snow and ice melted. It's my first claim and have been excited to start some small mining. But now, I'm not sure what will happen. Am I screwed without a approved poo? Thank you!

You need to understand when a POO is necessary. Read the thread posted about an NOI and POO.

http://www.treasurenet.com/forums/gold-prospecting/410553-when-do-i-submit-noi-poo-usfs-blm.html

Bejay

 

[Hefty1]

Good news. I just got off the phone with the Boulder county commissioner. They assured me that they will not access my claim or remove any type of mineral and apologized for the way the situation was handled. We had a good conversation and feel that I probably made more of a friend than foe at the commissioners office. I asked about access and he is going to get the County Attorney to call me to clarify that piece. Thank you to everyone that offered up information, links and phone calls. I have certainly found a family here at TNet.

Will keep you posted if anything changes.

Well I bet that came as a surprise...Good job...
Bejay gave up an excellant thread to help.

 

[Underburden]

Just in case someone gets a wild hair up their arze, you DID make a valuable discovery on your claim already.
Just for the record.

 

[huntsman53]

Good news. I just got off the phone with the Boulder county commissioner. They assured me that they will not access my claim or remove any type of mineral and apologized for the way the situation was handled. We had a good conversation and feel that I probably made more of a friend than foe at the commissioners office. I asked about access and he is going to get the County Attorney to call me to clarify that piece. Thank you to everyone that offered up information, links and phone calls. I have certainly found a family here at TNet.

Will keep you posted if anything changes.

cafficgold... That is great news and I am glad you were finally able to contact someone sensible and not get the run around as before! Just in case there are some mis-communications between the folks having the dredging and overburden and debris removal done and those doing the work, it might be prudent to post copies of the General Mining Act of 1872 and the Laws that Clay Diggins posted in post #32 all over your' Claim. If the Contractors or their workers happened to venture onto your' Claim and see these, they will probably think twice before doing any work on your' Claim and if they have any sense, they will contact the higher-ups for clarification. This would be most helpful in case you are not on the Claim when they arrive.


Frank

 

[kazcoro]

cafficgold... That is great news and I am glad you were finally able to contact someone sensible and not get the run around as before! Just in case there are some mis-communications between the folks having the dredging and overburden and debris removal done and those doing the work, it might be prudent to post copies of the General Mining Act of 1872 and the Laws that Clay Diggins posted in post #32 all over your' Claim. If the Contractors or their workers happened to venture onto your' Claim and see these, they will probably think twice before doing any work on your' Claim and if they have any sense, they will contact the higher-ups for clarification. This would be most helpful in case you are not on the Claim when they arrive.


Frank

That is some good advice.

 

[cafficgold]

You need to understand when a POO is necessary. Read the thread posted about an NOI and POO.

http://www.treasurenet.com/forums/gold-prospecting/410553-when-do-i-submit-noi-poo-usfs-blm.html

Bejay

Hi Bejay - Wow that is a great write up you have done. I had no idea there was so much behind the POO's and NOI's. In my mind, I was trusting what was written on the local forest service website that requires a POO to do anything other than hand panning and sluicing. With the information you provided, it is very clear (and well supported) that I do not need to file any such "contract" with any of the gov agencies based how I would like to mine the claim. Thank you again for such great information. Lot's to learn and I guess the first lesson is don't trust what the agencies claim is the law or regulations. Also, the suggestion by many to keep a file folder with the laws in print on hand is excellent.

Thanks again and I look forward to learning more and becoming a better informed miner for it.

 

[cafficgold]

Well I bet that came as a surprise...Good job...
Bejay gave up an excellant thread to help.

Hi Hefty1 - Yes, it came as a big surprise. No doubt a result of the info I was given by so many here. It was great talking with you as well. I learned a ton just in our short conversation.

 

[cafficgold]

cafficgold... That is great news and I am glad you were finally able to contact someone sensible and not get the run around as before! Just in case there are some mis-communications between the folks having the dredging and overburden and debris removal done and those doing the work, it might be prudent to post copies of the General Mining Act of 1872 and the Laws that Clay Diggins posted in post #32 all over your' Claim. If the Contractors or their workers happened to venture onto your' Claim and see these, they will probably think twice before doing any work on your' Claim and if they have any sense, they will contact the higher-ups for clarification. This would be most helpful in case you are not on the Claim when they arrive.


Frank

Hi Huntsman, yes that's a great idea. I am making some signs up to post all over that area. Hefty1 gave me a printout that he uses on his claims. Your suggestion to include the mining laws is a great idea. I'll make sure it obvious to the contractors and hopefully they do have some sense. Thanks again!

 

[cafficgold]

Just in case someone gets a wild hair up their arze, you DID make a valuable discovery on your claim already.
Just for the record.

And that I DID! Amazing how you really need to cover all bases in this "game" we are forced to play. Thank you.

 

[AzViper]

Cafficgold, I hope all is well to the end. You know how this BS gets twisted and distort between government agencies or county commissioner does not instruct the others involved of the laws & regs.

 

[cafficgold]

Cafficgold, I hope all is well to the end. You know how this BS gets twisted and distort between government agencies or county commissioner does not instruct the others involved of the laws & regs.

Hi AzViper, Thank you. I hope so too! Much to learn on my end when it comes to dealing with these "officials" and my rights as a miner. Have a great day.

 

[KevinInColorado]

One question...is there much debris on your claim from the floods? Do you need a hand from your local tnet prospectors to clear things away or anything?

 

[cafficgold]

One question...is there much debris on your claim from the floods? Do you need a hand from your local tnet prospectors to clear things away or anything?

Hi KevinInColorado - Most of the area within my claim didn't suffer like the lower stretches of Boulder Creek and James Creek. So not a lot of large debris like concrete, rail guards, fallen trees and such. Mostly sediment. I don't really need any help with that but thanks for the offer. However, if you or anyone on TNet would like to come prospect on my claim, just send me a PM and we can plan it.

 

[Hoser John]

Like I said a chill pill works most of the time,free labor and good relations work. The colorado dredging forum Golddredger.com is run by Leonard Leeper and the roads to his claims and home being worked on also. On His arkansas claims he can dredge as fully permitted but GPAA can't do squat as they copped a attitude I have the right---ya to sit there with your finger in the dark. Building relationships with bureauratz,rangers,fs cops is the answer as all that saber rattling was a waste a time and when done THEY DON'T FORGET. Like a troublesome neighbor they must be ignored and or educated is all, NO BFD to begin with as every action is NOT a call to war-John