Last Post 22 Sep 2015 12:17 PM by  Jim Locke
Any experience with Army Corps of Engineers?
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Jim Locke
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13 Aug 2015 03:12 PM

    Hello ,


    I was curious if any of you may have had any need to deal with the Army Corps of Engineers, in any of your prospecting forays?


    I am looking at trying to get into an area that is actually National Forest land.... the deal is this: The most direct (and sane) route is over a small section of Army Corps property. What I am really wondering is if any of you may know - would they EVER grant permission to pass over their land to reach another destination?


    I have emailed them through their main website but have received no reply (has been about 2 and a half weeks). I am starting to think that this may not be something they would allow. I have been to the area I speak of quite a few times and see nothing that is a safety issue.... I do realize that in a downpour that this area is a floodplain. I have no intention to cross the area in any amount of rain!


    As always....any advice or stories of your experience would be greatly appreciated!


    Take care all!   Happy huntin'


    Jim

    Paul Straub
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    13 Aug 2015 04:55 PM
    Here near Atlanta, we have a lake owned by the COE and in the GA Gold Belt with several gold bearing streams that had gold mines up to the 1930's.

    There is private land around the lake also, and the standing rule is:  if you can access the creeks by crossing COE land with out crossing private property, or from the lake, it is okay to pan and shovel from the COE boundaries all the way to the lake. So yes, unless posted, it is ok to cross COE land.

    I have been to some of these creeks several times, and I always find some color, mostly fine stuff, but it's there.

    Paul
    Jim Locke
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    13 Aug 2015 05:16 PM
    That is encouraging .
    Thank you once again for the input Paul!
    Jim
    Benjamin Crain
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    13 Aug 2015 05:32 PM
    Army Corps land is open to the public unless posted. In Texas we didn't have public lands, the few National Forests are a checkerboard of private property through them, so Corps land was the best place to fish and hunt. I don't know about camping but you can cross Corps Land anytime you like. If Army Corps Lands are restricted they will have a high fence and many posted signs, when they want to close a area they spare no expense in putting up proper fences and signage. This is areas usually like below damns or spillways, where mainly they have closed it off for your own safety.
    Jim Locke
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    13 Aug 2015 05:42 PM
    I thank you Benjamin!
    I can always count on a few of you guys to help out with some input!
    Around here (California...yah - I know!), EVERYTHING has some kind of restriction.
    Figured I was better off asking others' opinions on the matter.

    Jim
    Paul Straub
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    13 Aug 2015 05:49 PM
    That's the way it is at the COE lakes here in GA, they only fence off around the dams.

    As far as camping, there might be some rule about camping with access by boat, because I've been going to these lakes for about 50 yrs and we're always camping on the islands or various coves that can only be gotten to by boat and have never had any rangers or anyone say anything.
    It could be different in other districts or areas of the country.

    Paul
    Benjamin Crain
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    14 Aug 2015 08:59 AM
    Does the Corps of Engineers in California use different colored fence posts? For a while in Texas the Corps of Engineers used orange metal post with a white top and the National Forest was fenced with green metal posts with a white cap, it made it easy to recognize what land you were entering.
    Jim Locke
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    14 Aug 2015 02:47 PM
    Well.......
    I sent another email to COE yesterday and received the following response today:

    Your request for information has been forwarded to our Los Angeles District for response.

    We shall see what they have to say.....hopefully! At least they did let me know they received the email.

    Benjamin, as to the post colors: I cannot say that I have ever seen ANY post in this area - at all. I am not sure if they use different colors or not. Next time I am up there I will try to locate a marker (post) or two.
    The area I speak of is really something to see on the BLM "surface management" map! Within one square mile you have : private property, BLM, County, City, USFS and the COE land I have spoken of.

    Anyway, I hope to receive an "official" response from COE Los Angeles sometime..... I will be sure to post here when I do.

    Thanks again to Benjamin and Paul.

    Happy Huntin'

    Jim
    Jim Locke
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    03 Sep 2015 11:38 AM

    Got tired of waiting on a response to my email that had been (I was told) forwarded to the local COE District office in Los Angeles, so I typed up a good old fashioned snail-mail letter. Just mailed it a few days ago.

    WE shall see...
    I had really hoped to get an official okay or denial to my proposed use of their property for access to a possible mineral claim. Hiking by foot to this claim with equipment , daily - could be a real bummer!
    The wife and I are not as spry as we used to be!
    Just figured I'd give an update
    Jim Locke
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    08 Sep 2015 04:52 PM
    On it goes.......
    Not too sure if I am making progress or not. I am really beginning to wonder if I should have just kept my mouth shut and played "dumb"!
    Too late at this point, I guess
    Below I am pasting the latest email reply from The Corps of Engineers.

    Jim
    ...........................................................pasted below..............................................................................................................................
    Classification: UNCLASSIFIED
    Caveats: NONE

    James:

    I am writing in response to your letter received in our office on 4 September. You were seeking information on possible permitting needs to pass through/over "COE property" near Hesperia, CA. Hesperia is within San Bernardino County, so I am copying Dan Swenson on this letter. If you are in Riverside County, you can contact me, otherwise feel free to respond directly to Dr. Swenson.

    To help us provide you with the correct information, could you clarify whether the land had an easement dedicated to the Corps of Engineers or whether the land is showing as being owned in fee title by the United States (COE)? Depending on the answer, I would direct you to one of two different units of the Corps.

    Also, could you elaborate on what you mean by crossing the property and whether there are any aquatic resources such as streams, ephemeral drainages, or wetlands that you would cross through/over?

    Thank you,

    Cori Farrar
    Acting Deputy Chief, Regulatory Division
    USACE, Los Angeles District

    Jim Locke
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    17 Sep 2015 03:04 PM
    And on and on.....
    I guess I have been passed off to somebody else.
    I will continue to update, not sure if anyone else has any interest in the subject.
    This is what I received yesterday after asking for a confirmation that my reply to their request for more info had been received by them. :
    ...............................................................................................................................................................................................................................
    Classification: UNCLASSIFIED
    Caveats: NONE

    James:

    Last week I forwarded your inquiry to my colleagues Phil Serpa in Asset Management and Dan Swenson, Chief of the Regulatory section overseeing Clean Water Act permitting in San Bernardino County. Any incursion into USACE property would require an access permit through Asset Management. Any modification to the ephemeral drainage or other streams such as a crossing may need a Clean Water Act permit.

    You may coordinate directly with them about your request; I’ve copied both of them on this email.

    Thank you,

    Cori Farrar
    Chief, Orange & Riverside Counties Section
    South Coast Branch
    Regulatory Division
    USACE, Los Angeles District
    P: 213.452.3296 | F: 213.452.4196
    Leo Lorenz
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    17 Sep 2015 07:08 PM
    My take on this issue... I think that when you wrote that you would like to make a crossing over their land, in typical government understanding, they take the words literally. The last response that you received seems to reinforce that theory. They believe that you want to make a crossing, a bridge or some sort of physical crossing structure, as evidenced by their comment about screwing up the drainage or making physical changes which need a permit. I think this is the real issue why you are not getting a straight answer. In their complicated minds, they cant understand a simple question.
    Jim Locke
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    17 Sep 2015 07:38 PM
    !!!
    Leo, that had not occurred to me. I bet you are correct on that. I did however explain to my new "contact" at USACE , that I would only need to use the trails that are already in place and would not need to make any changes that would ( or should ) require any Clean Water Act permitting nonsense. Maybe I will get somewhere......maybe not.

    Thank you for your point, it was a good one!

    Jim
    Leo Lorenz
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    17 Sep 2015 08:01 PM

    I hope that works out for you. In all my years of dealing with Fed regs, I came to the understanding that when people communicate with these bureaucrats, they need to speak the same language that these people understand. They work only within the realm of black or white. If they dont understand something, they will always go and read the regulations as they are written. And we all know that the problem with reading written rules is basically the interpretation. Attorneys always try to argue the "spirit" with which the rule was written. Its a shame that they cant figure out that if a hiker wants to make a crossing of the stream or piece of property, he means under his own power, and he is not trying to put a high speed rail train through the property.

    Jim Locke
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    19 Sep 2015 10:59 AM
    Thanks Leo,
    Beginning to think I would have been better off just keeping my mouth shut. What concerns me is the proximity of the area I would like to work to a pretty major hiking trail ( Pacific Crest Trail). I know that some of the folks out there hiking are not going to be overly pleased with me being in "Their" area, digging, etc... I am planning on visits from USFS, BLM and the local Regional Park ranger. Just trying to dot my I's and cross my T's - If you know what I am saying. I would just like to have no reason for any of them to give me grief!
    Jim
    Paul Straub
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    19 Sep 2015 01:40 PM
    It is amazing that the same organization can be so different from one district to another.

    The COE district here in GA has rules about land access and panning around Lake Allatoona posted on their website and posted at their office near the dam.


    I wonder if the history of the area has anything to do with this. There used to be 30+ gold mines in the area before the lake was made, some operating as late as the 1930's. There is a road in the area called Sixes Rd., because there used to be 6 gold mines off that road.


    They even have metal detecting rules posted about when and where you can detect and what you can keep.

    Good Luck on your never ending quest for info there Jim.

    Paul
    Jim Locke
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    19 Sep 2015 02:19 PM
    Thank you, Paul.
    I guess they tailor how they rule their land to the region.
    Hope to make some progress and soon!
    Jim
    Leo Lorenz
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    19 Sep 2015 06:05 PM
    Well Jim...I think that most of these guys would not really do much first as long as you are cordial with them. Asking them questions about what you can or cant do will only help you gain more knowledge on the general mindset of them. I think as long as they know you are not going to be digging a huge pit or disturbing the vegetation in a bad way. There has to be a good percentage of them who also feel frustrated by Washington DC much like the border patrol agents do.
    Jim Locke
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    22 Sep 2015 11:34 AM
    I agree, Leo
    I am sure there are ton of folks unhappy with Washington!
    I am sure that there would be a certain amount of empathy towards the two grey-haired fools out playin' in the dirt. It's just that I fully expect contact with some, if not all of the agencies in the area. One of the BIG problems that occurs in this area of California is this - TOO Many People. I am sure that at least some of the other Public Lands users will not be happy that the wife and I are in the area, it will only be a matter of time before one of the Rangers or officers are dispatched to find out what we are doing up there. What I really want is to be able to provide any and all paperwork that shows that I am doing what needs to be done - by the book.

    As always...appreciate the comments!
    Jim
    Leo Lorenz
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    22 Sep 2015 12:09 PM
    Gee....California.....Thats why I like going out to Nevada. Every time I'm out there I can go out and not see a soul all day long. Talk about being in quiet. And no one really bothers you, unless you actually are doing something wrong. I met guys that actually live in gold country in California....but drive hours to get into the hills of Northern Nevada to MD because its just much easier and less hassles.
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