maintaining/restoring old logging roads to a new claim

[impfected]

So I am heading up to a promising spot that was logged off some 15 years ago and there are some old logging roads that go to the area but they are in poor shape and some of the stream crossings are washed out as well as the road being fairly overgrown with alder trees (weeds).
If I find good results and file a claim, do I have the right to repair the old road to gain easier access?
And what about gates? For some reason just don't see the rangers giving me a key to get back onto some of these roads. Fortunately the one I'm eying is open.

Thanks in advance,
Al in Seattle

[russau]

i dont think they can restrict your access to your valid claim. they have to give you a key if the road is gated. as far as road repairs not on your claim, im not sure if theyll requie you to get a permit for that,probly would!!

[Geo-George]

If you are "maintaining" access,......
No POO required.

§ 3802.1-2 When not required.
top
A plan of operations under this subpart is not required for—

(a) Searching for and occasionally removing mineral samples or specimens;

(b) Operating motorized vehicles over open use areas and trails as defined in 43 CFR part 8340 so long as the vehicles conform to the operating regulations and vehicle standards contained in that subpart;

(c) Maintaining or making minor improvements of existing access routes, bridges, landing areas for aircraft, or other facilities for access where such improvements or maintenance shall not alter the alignment, width, gradient, size or character of such facilities; or

(d) Making geological, radiometric, geochemical, geophysical or other tests and measurements using instruments, devices, or drilling equipment which are transported without using mechanized earth moving equipment or tracked vehicles.

Gates are a whole other ball of wax that's pretty sticky.

Here is just about all the info you need for prospecting/mining activities.
http://law.justia.com/us/cfr/title43/43 ... 73.2.156.8

[Hoser John]

The road status is your determining factor as logging roads are temporary. Your egress and regress were much further codified under the Nixon administration but TYPE is the determining factor as pre existing under the roadless rules rule. There again the CLASSIFICATION of the lands and the administrating agency are HUGE in this issue also. Educate and prosper-John

[Plumas]

I spent all of my days off for months opening up the road to my claims and make it passable. But suspect my situation was different than yours, my road was a badly neglected but numbered and inventoried USFS. road.

There are other impassable roads (blocked with fallen trees) that would provide me additional access but at this point I've left them alone as there is no present need.

What is currently putting the ka-bosh on road access is the USFS. OHV. plan. If your road is USFS. and is included in their plan as open I think you are good to go without worry. If not, at this point anyway, you may be looking at a headache beyond measure improving your road. Saying you have stream crossings without culverts makes me think you are probably screwed. Our FS. OHV. plan prohibits driving more than one vehicle length off of any "approved" access road.

The FS. planning was overall pretty poor on their OHV. plan. There is a road that leads into my area that was included in their plan as open to OHV. travel. Never mind the fact that the upper portion is private property with a locked gate and the lower portion is choked with 6-8" diameter trees and would require a dozer to reopen it. Seems the goal of the OHV. plan is to create quasi roadless and wilderness areas within the forests. Never mind that this is supposed to require congressional approval. They intend to accomplish this by regulation.

If you are dealing with the USFS. check your local forests web page and you should be able to find maps of their OHV. plan as this is happening everywhere.. not just my region 5. Their intent is to close tens of thousands of miles of access roads within the forests. Several thousand miles alone within the Plumas NF. Truth is the Plumas NF. recently modified their plan, bumped over a "critical area" boundary by about 400' and they now currently intend to "decommission" the lower section of my road as they have a long range plans to include my creek and four others under the wild and scenic protections of the Middle Fork of the Feather. My preexisting access rights and those of six other claims above and below me be dammed. (Nelson Creek miners pay attention!)

Blessedly there is a glimmer of hope for us back road users. The Govt. only has a partial budget and there are a couple of Republican members of congress working on language that would put a stop to their OHV. plan and save our roads. There are a couple other avenues of hope but pending litigation, I'll have to remain silent.

Plumas

[CalGoldDredger]

Few years back we made a new section of road into one claim so we could bring in a large trailer and be able to turn it around. All good if it is on National Forest Land that doesn't have travel restrictions. I filed a plan of op and they came out and wanted to have a look, took some notes. Was approved within a few weeks for 100 yard with a turn around at the end. No trees were cut and no drainage/erosion issues, that was the key I think. It doesn't happen that smooth all the time, we have been turned down in the past plenty of times or they wanted a study, bonding, or something. Make sure they know that it is for access to an active mining claim you are intending to work.
Now, ATV trails, I have learned my lesson. Don't bother with the asking, just go ahead and very carefully , as it has been for the past 20 plus years. With the new travel plans this might all be considered illegal activity but ask me if I give a crap about their restrictions, regulation, and all out suppression. Livelyhood depends upon it and I will take quick offence if it comes down to it. I have had enough.
Unless a miraculous change comes about, I am guessing that small scale mining is a thing of the past and we are being forced into a criminal underground culture as of now.

[Plumas]

Plumas NF. Now has their OHV. plan in effect. This was approved and signed about a month ago. Our County Supervisors have filed an appeal because it hits us so hard. I expect it will be largely denied.

Don't feel bad if you never attended any of the Forest Service's OHV. scoping meetings. I did. After the introductions it quickly became clear to all attending that there was an agenda at play and no matter what the public input was, the whole sham had a predetermined outcome. CalGoldDredger, I do not know what forest you operate in but it would be worth your time to look at possible new restrictions on your access.

I'm unaware of any exemption for access to valid mining claims in our new OHV. plan. There was some talk that special use permits could be issued for access to our claims... I DON'T SEE IT NOW. If anyone knows different please enlighten me!

There was question if the FS. even has the legal authority to issue such permits for access anymore. For me, obtaining vehicle access into what is now considered a "critical area" seems slim.

I guess we will be outlaws. At this point I really don't know what I'm going to or can do. It will likely be a rude awakening for many this summer when they return to their vehicles to find a citation stuck under their windshield wiper blade.

Plumas

[CalGoldDredger]

Yeah, were in PNF, and yes heard all of that already. And I am way past hostile.

.....Pirates of the Ancient Blue Lead Channels.

[impfected]

Thanks for the info.
I was talking to my prospector buddy and he just bought a Toy 4x van to try on the road, so maybe we'll fix that washed out crossing and start cutting alder weeds/trees come spring.
I managed to get some hiking up in the area today. the snow went from 2" at the bottom to 6 inches towards the top. It was nice to find at least a foot trail up rather than having to bushwack (which is one one of our hobbies, climbing/bushwacking to old mines in the Cascades). I found another trail on some forums when I got home that was even better. Only problem is that now hikers will be up in the area I was planning on prospecting. The trail description sounds very intimidating so maybe not such an issue.
With another several months of snow due to fall, I think I'll go nuts waiting to get up there to get a good sample it! I found color down at the bottom where it meets the road, but the overburden and growth is insane, and old info indicates a free milling lode mine towards the top, so up I will climb.

Al in Seattle

[Hoser John]

Our forest circus plan was appealed by our supervisors also John. Wish ya folks in PC luck with your appeal too and black ops rule the day in litigaseous kalif land of environutz John