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Based on the mining activities described in your POO, the appearance of you establishing a local <br />residence at 39602 Highway 24, Lake George, Colorado, your own personal admissions to Amy <br />Titterington that the cabin is only used on the weekends, and the fact that the nearby <br />communities of Lake George and Florissant are approximately 7 and 8 miles away from your <br />mining claim, respectively, I have determined that the construction/ occupancy of a cabin/shed is <br />not reasonably incidental to your mining operations. Therefore, the cabin must be removed <br />within thirty days of receipt of this letter. Otherwise, you may face the following charge under <br />36 CFR 261: <br />o 36 CFR 261.10 (b) — Construction, reconstructing, improving, maintaining, <br />occupying or using a residence on National Forest System lands unless <br />authorized by a special — use authorization or approved operating plan when <br />such authorization is required. This charge may result in a maximum fine of <br />$10,000 and up to 6 months in jail. <br />Additionally, the cutting of 108 small green aspen trees, approximately 700 feet from your <br />exploration pits, is also not reasonably incidental to your mining operations. This violation may <br />result in the following charge: <br />o 36 CFR 261.6 (a) — Cutting or otherwise damaging any timber, tree, or other <br />forest product, except as authorized by a special — use authorization, timber <br />sale contract, or Federal law or regulation. This charge may result in a <br />maximum fine of $10,000, and up to 6 months in jail. <br />Moreover, 36 CFR part 228, subpart A further provides: <br />You may not engage in any surface use, except those identified in the regulations <br />under 36 CFR 228.4(a)(i), until you have been advised that an approved plan is <br />not required, or have an approved Plan of Operations. <br />As indicated above, you have already unlawfully engaged in surface uses that require an <br />approved plan without having obtained approval. <br />We will continue processing your Plan of Operations at this time; however, the above violations <br />must be corrected before the Plan of Operations may be authorized. <br />If you have any questions or comments, please call Amy Titterington, Geologist, at 719-836- <br />2031, or email her at aniyjtitteringt_on@fs.fed.us. <br />Sincerely, <br />JOSH VOORHIS <br />District Ranger <br />cc: tim.cazier@state.co.us <br />