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FS Screws another Miner


El Dorado

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This is all right in my hood......The attacks against miners and forest users continues:

http://www.jeffersonminingdistrict.com/legal-news/USFS-Terror-USFS-steals-miners-property-from-california%20-miner.html

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I don't see any reason why he can't bring suit against the FS just as one would against anyone else. :idunno:

In a sence, going over the heads of other agencies not willing to act on the issue. :barnie:

Another exaple of a gov't out of control. :grr01:

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I have asked our local paper to run this story. Many people in this community are not happy with how the forest service operates in this district.

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Sounds like Mr Tom Madrigal needs multiple bruises and contusions over 98% of his fat body....like the old

fashioned GI blanket party...

Telephone calls....law suits take forever....are very costly and usually have little or no affect....a gov. paid

terrorist like this needs to be dealt with swiftly and with telling results....

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Thats completely absurd, at least they left a letter so he knows who to sue. What if it was some dishonest citizen who swooped in and stole it and left him nothing, that wouldv'e sucked even more. Gone without a trace. At least this way he knows who to target. That was an awesome looking claim; what a bummer.

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SD thats already happened on the claim,equipment thefts/vandalism, and Mark had fun with the bears recently too. Great folks with the cleanest op ever and illegal actions taken by the forest idjets MUST be prosecuted-John

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Act 2-FS steals equipment

by Hoser John » Sun Apr 29, 2012 7:07 am

Subject: "Act 2-stolen equipment" First topic | Next topic

Hoser John Sun Apr-29-12 01:02 PM

Member since May 06th 1995

4242 posts

#15511, "Act 2-stolen equipment"

A little treat for you guys.....This was my first letter to him sent on 3-15-12. Their office signed for it on 3-16-12

To Tahoe National Forest,

American River Ranger District,

Law Enforcement Office

Mr. Tom Madrigal

I am the Lawful Owner of the Active Mineral Deposit named

Golden Eagle CAMC 0280109 located at Sec.26, T.14N, R.11E, Mer. MDM within the Tahoe National Forest. (Location Notice included )

On 03/12/2012 I discovered that all of my mining incident tools were missing and these two posters stapled to trees. Indicating that United States Forest Service has seized my property. And to contact this office. (copy of poster included )

I am requesting a written response, in detail, as to the reason U.S.F.S. Tahoe National Forest, American River Ranger District has seized my property.

I am requesting a written response, a detailed record of this seizure.

I am requesting a written response, the process to reacquire my property.

According to Title 36 CFR Sub, Sec, 262.12 I have 90 days before my property is disposed of.

Would you please respond within 14 days of receipt of this letter, so that this matter can be taken care of.

Thank you in advance, for your cooperation in this matter.

Mark Hepfner

This was his response letter to me....rec, it 4-11-12 read it and tell me whats wrong with this....I will start with the first sentence....."Saturday March 18th 2012"...look up that date. And these are their LEGAL people!

United States Forest Law Enforcement and USDA Agriculture

Department of Service Investigations

631 Coyote Street

Nevada City, CA 95959-2250

530-265-4531530-478-6118 TDD530-478-6179 FAX

File Code:

5300/2810

Date:

April 9, 2012

Mr. Mark Hepfner

On Saturday March 18, 2012, Officer T. Madrigal received your certified letter regarding property that was impounded from National Forest System lands in Township 14 N, Range 11 E, and Section 26, Mount Diablo Meridian (base map), approximately one mile upstream of the North Fork of the Middle Fork American River along Mosquito Ridge Road (USFS #96), and located within American River Ranger District (ARRD) of the Tahoe National Forest.

You inquired why the personal property in question was impounded and under what authority.

Title 36 Code of Federal Regulations (CFR), section 261.10(e) prohibits anyone from abandoning personal property on NFS lands. 36 CFR 262.12 provides the authority for the Forest Service to impound unauthorized personal property left on NFS lands. Because the personal property in question fell within the prohibition, was unauthorized, and in trespass on NFS lands, the Forest Service impounded it following the procedures of 36 CFR 262.12.The unattended personal property in question was initially observed by Forest Law Enforcement officers on September 27, 2011.

On October 29th a concerned citizen reported some unrelated suspicious activity in this general area. Upon following up on the citizen report, one of the same Forest Law Enforcement officers again observed the same abandoned personal property in question at the same site as he had observed in September. There was no identifying information with the personal property in question. The officer notified the ARRD Minerals staff and reported seeing the personal property in question, evidence of some ground disturbance and possible mining activities occurring, and inquired whether the District Ranger had authorized the use and/or storage of the personal property. The Forest Service reviewed the District's records for that site, but did not find any authorized Plans of Operation for that area where the personal property was found. Thus, the Forest Service had no information as to whose personal property that could be, and the Forest Service was unfamiliar with anyone using that area. The ARRD Minerals staff then utilized the BLM database for recorded mining claims to see if anyone had a mining claim in the geographic area where the personal property had been abandoned. The only information that was found in the BLM database was that a person had located an unpatented mining claim named the Boomer mining claim that covered the NFS lands where the personal property had been abandoned.

Caring for the Land and Serving People

Mr. Hepfner Page 2 of 3

On December 9th

2011, the District Ranger sent a letter to the owner of record of the Boomer mining claim, inquiring whether the personal property in question belonged to him. The owner of the Boomer mining claim hiked to the site to see the personal property and responded back to the Forest Service that while the personal property in question was left on NFS lands within the boundaries of his mining claim, the personal property in question was not his.

After determining that the personal property in question was not authorized by a Forest officer, as required by 36 CFR 262.12(a), and unable to determine the name and address of the person or persons who may own the personal property in question, on February 1, 2012, the Forest Service followed the notification procedure in 36 CFR 262.12(b). A notice of intention to impound the property in trespass was published in the Auburn Journal, posting the notice at the Placer County Courthouse in Auburn, California and at the local post office in Foresthill, California, and posted two notices at and in proximity to the site where the unauthorized personal property was left.Your letter included a photocopy of this notice as an attachment.

Under 36 CFR 262.12(b) any inanimate personal property left on NFS lands without the authorization of a Forest officer may be impounded at any time 15 days after this notice was first published and posted.On February 22, 2011, Officer Madrigal hiked to the site within the Boomer mining claim and found all the personal property still in the exact location that it was on February 1st. On Tuesday, February 28, 2011, the Forest Service impounded the unauthorized personal property using cargo nets and a helicopter to fly out the impounded personal property and took out all the garbage at this site, as well.

Neither Officer Madrigal nor the ARRD Minerals staff had any knowledge that there was an adjacent or overlapping mining claim known as the Golden Eagle at the same, or near the, location as the Boomer mining claim, until the Forest Service received your letter and you identified yourself as the owner of the personal property and provided the CAMC number for the Golden Eagle mining claim. The ARRD Minerals staff then checked the District's records and did not find any Forest Service records indicating that you have a current approved Plan of Operations or any other Forest Service authorization that allowed you to store personal property at this site on NFS lands.

In response to your request, a copy of the inventory record of personal property impounded is attached.

Unknown type(s) of wildlife destroyed some of the property, while some of the property contained various insects and rodent feces and had to be disposed of for employee health and safety reasons, as well as to avoid potentially contaminating our storage facility.

Per your request, pursuant to 36 CFR 262.12©, also included in the web link below, is the authority and regulations you need to follow in order to redeem the personal property, in the meantime, I will direct my officers to calculate all costs associated with the impounding, removal, and storage of this property. The date fixed for the disposition of this property is May 15.2012.

Mr. Hepfner Page 3 of 3

In summary section 262.12© provides that you must redeem the personal property within 90 days of the day of impoundment, that is, no later than May 14, 2012, by submitting proof of ownership and paying all expenses incurred by the United States in advertising, gathering, moving, impounding, storing, and otherwise caring for the property, and also for the value of the use of the site occupied during the period of the trespass.

If you do not redeem it on or before May 15, 2012, the property shall be sold or disposed of by the Forest Service as provided in 36 CFR 262.12(d).

If you believe that you have documentation of Forest Service authorization that allowed you to store the personal property in question at that site on NFS lands that the Forest Service did not find when it checked its records associated with the Golden Eagle mining claim, I would encourage you to contact either of my officers at the ARRD and to arrange a meeting so that they may review your documentation.

If you believe you have such documentation, I encourage you to promptly contact the number below and arrange a meeting, because spring is a busy season for my officers, and I want to ensure one of my officers can be available to meet with you, if you would like a meeting.

If you do not believe you have documentation and call to arrange a meeting, I will follow-up with another letter in approximately the next week advising you of the associated costs of redemption.

Should you wish to speak to me, I can be reached at 530-994-3401 ext. 6634

Either of my officers, Madrigal or Torres, can be reached directly at the American River Ranger Station at 530-367-2224. Please ask the front desk staff to put you through to the Law Enforcement Office

http ://cfr. vlex.com/vid/262-12-impounding-personal-property-19770786

Respectfully,

Eric Beckert

Acting Patrol Captain

Tahoe National Forest

cc: Golden Eagle Claim File

cc:Tahoe NF LEI Case File #MALW009

cc: Capt. G. BarnettDO IT TODAY , YOU NEVER KNOW WHAT TOMMORROW WILL BRINGHoser John

Assistant Administrator

Posts: 2364

Joined: Sun Jan 28, 2007 4:16 pm

Location: Redding,California

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--------------------------------------------------------------------------------Hoser John

Posts: 1114

Joined: Wed Jan 27, 2010 7:42 am

Location: Redding Kalif

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WOW!

Plan of Operation?

Permission to store properties on his claim?

Unable to determine there was a Claim?

Sounds like they had there Head Up ther Rump on that one.

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You can bet they will never admit fault and will not back down. But this certainly does tell more of the story......

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