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Hefty vs. USFS 2012
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GoldPatriot



Joined: 30 Dec 2011
Posts: 219
Location: Waldport, Oregon

PostPosted: Mon Jun 25, 2012 12:24 pm    Post subject:  Reply with quote

dredgeman wrote:
The new twist we are having to deal with around Fresno.

The Ranger tells us that significant disturbance is cumulative. If we dig a hole in one spot then dig a hole 5 acres away some Rangers are interpreting this as 5 acres of distrubance.

We of course do not agree.


Request that they put their interputation to paper and have them sign it, so "that you'll be clear, as to their stance".  Then report back to us for further instructions.  Once again they seek to start a fight that they can not legally prevail in... but it's time we take these self important fools to the mat, every time theycross the line.  This is one of those times.

Den
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Hefty



Joined: 30 Dec 2011
Posts: 132
Location: sacramento ca

PostPosted: Tue Jul 03, 2012 3:08 pm    Post subject: Reply with quote

Re:    For Notice and Other Purposes of Your Last Email Threat.                            Date 6/29/2012
         Certified Mail _____ _____ _____ _____ _____
         Return Receipt Requested to the Office of the Secretary of Agriculture


Notice to agent or employee, is Notice to superior.



Christopher Fischer,

In your email to me last, You asked me to “Please work with my office”.
I cannot work with your office.
a) You fraudulently assert authority’s you don’t have.
b) You wrongfully deprived me of my property and rights without due process, or consultation, or the right to do so.
c) You flout your own policies, the codes, and the law.
d) Your office and law enforcement lie whenever it suits your needs.

Most any of the commissions of the above are felonies under federal and state law. For instance, and not limited to, you know that when you violated my expectation of the honest administration of government you committed a felony under federal law. When you used your office to deprive me of the use and enjoyment of my property, that's a felony extortion under state law. How am I supposed to work with such a criminal band, Mr. Fischer.

Further, when I recently picked up my stolen equipment from the American River Rangers District, ARRD work shop, in Foresthill, Ca. my helper was talking to a LEO there and told him we were taking the equipment right back down to the claim. The LEO asked, “Today”? My helper responded, “Yes, why not?” Then posed the question to the LEO, “Is there a law against that?” The LEO just walked away. This shows that there is no law against working my claim. So why are you fraudulently asserting that I need a POO to work the claim? Why isn't the law enforcements officer tacit agreement that there is no law you can use to stop my mining incident activity good enough for you that you continue your extortionate demands?

But your email makes some other unsupportable references which I will have to clear up, whether or not there is ever a time I can work with your office. In your email you use the following terms which appear to imply some sort of continuing obligation on my part to some undisclosed authority on your part, for instance:

1) “As a reminder,”
Your use of the word “reminder” supposes a prior authority that I was obligated to, the orders from which I was required to subject myself. You know there is no such obligation or requirement as will be further discussed. I am not reminded of anything.

2) “in order to work your mining claim”
While identifying it is in fact my claim, and not the government's or yours, You challenge that I cannot work my mineral deposit claim. Where Congress has required that I work my discovery and have the implied right to work my claim, How is your imposition not a taking, and not an infringement of the grant conveying possessory title evidencing that I have exclusive enjoyment and use, including the entire surface within the limits of the claim, assertable even against the United States as your Forest Service Manual explains to you?
a) Show cause, How my mineral deposit location was not restored to public domain, segregated from the forest reserve by operation of law, Act of 1897, and disposed to me and my determinations, exclusively, by operation of law, the mineral disposal acts of 1872 to 1865 and that this grant did not provide a complete authorization other than your approval to work my claim.
b) Show cause how you are not acting contrary to the congressional mandate upon you by the FLPMA that “no provision of this section or any other section of this Act shall in any way amend the Mining Law of 1872 or impair the rights of any locators or claims under that Act.”

3) “Until you have an approved plan, any mining activities, associated equipment or occupancy,” “is prohibited”.
Where I was working before without a plan of operations, your demand here now for a plan of operations appears to be retaliation and retribution for the trespass and theft of my property that was recently committed by your office, whereby you were caught and returned some of my property.
a) Occupancy was granted to me under the mining laws, not subject to your authority, See # 2 above.
b) This other authorization in the form of a congressional grant is not a special use delegated to your administrative management authority that you have discretion over. Show cause that it is.

4) “is prohibited”
As you know prohibition of a granted property is a facial takings of my granted property. It is also a fiduciary breach, a very serious crime. Show cause how your purported prohibition is
a) Lawful,
b) not an takings; and
c) not a fiduciary breach.
d) For the purposes of establishing jurisdiction between the district court and the United States Court of Claims, for unlawful takings, show cause further, how your action thus far are not torts.

5) You use the phrase, “an approved plan of operations”.
a) Show cause in the Act of 1872, the grant terms of which I am obligated to fulfill, where in that act is a Plan of Operations required?
b) Show cause how my private mineral deposit claim is a major federal action subject to the NEPA.
c) By the most extreme odds that you can show the NEPA applicable, produce the prerequisite Notice of Intent, and Environmental assessment the agency did from which any Plan would be based?
d) Given you can show cause the lawful imposition of the NEPA upon my private property, admit you have the cart before the horse or show cause how you do not.

6) “National Forest System lands”
You fraudulently assert that my mineral deposit claim comprises “National Forest System lands” despite the removal of the segregated land by my discovery by operation of law. Where Congress has mandated a reservation of the minerals and land in the Organic Act of 1897, where it states, lands found valuable for minerals may be restored to the public domain and is by operation of law, and where the mining laws culminating in the Act of 1872, convey possessory title, including authority and jurisdiction, exclusively to me of the public domain so removed from the forest reservation, maintainable against the government grantor's interest, including you or the USFS, show cause how you haven’t committed a fraud to declare my private in-holding under the mining law of 1872, and 1897, is “National Forest System lands”?

Until you show that my mineral deposit claim is other than the private in-holding within the forest reserve Congress granted, Your “prohibition” appears valid only upon land I do not possess or intend to work. Show cause this is not the fact.

Because your letter implies official threat of action, however unlawful, You have 14 days to answer to the above identified frauds and other actions to show cause how you are not committing or have not committed any felony, tort, or taking, or acting or intending to act contrary to law as regards your last email and that you can definitively show contrary to your previous theft that you can lawfully proceed and have been doing so.

It is up to you to make sure all get this notice. Everyone who you sent a CC of the below, the “Fischer, Christopher-FS” email to Mr Hepfner, shall return a response disclaiming their part in the apparent criminal actions taken against me by Mr. Fischer or the USFS, whether privately or officially, or be held to be aiding and abetting, or as accessories to the felonies Mr. Fishers commits or the harm caused by the fraudulent statements made or the actions taken knowingly, willfully, and intending to extort from me the exclusive use and enjoyment of the valuable mineral deposit property granted exclusively to me by Congress. There is no excuse. Not responding to tell me that you do not concur with the Actions of Mr. Fischer to expressly denounce those actions or omissions to act to adversely impact my rights and property contrary to law will bring you into liability as an accessory, if not worse.

I look forward to hearing from you all on this matter.

Mark Hepfner
6833 Capital Circle
Sacramento Ca, 95828


cc: Secretary of Agriculture.
    U.S. Department of Agriculture
    1400 Independence Ave, S.W.
    Washington, D.C. 20250

cc: The office of Congressman McClintock
     428 Cannon HOB
     Washington, DC 20515













From: "Fischer, Christopher -FS" <cfischer@fs.fed.us>
View Contact
To: linda rhodes <mygolddust@att.net>
Cc: "Barnett, Gary -FS" <gbarnett@fs.fed.us>; "Torres, Anthony W -FS" <awtorres@fs.fed.us>; "Wiese, Karen -FS" <kwiese@fs.fed.us>; "Madrigal, Tom -FS" <tmadrigal@fs.fed.us>; "Weaver, Rick -FS" <rweaver@fs.fed.us>; "Tebbe, Mo -FS" <mtebbe@fs.fed.us>


Mr. Hepfner,

As a reminder, in order to work your mining claim, you will need to have an approved Plan of Operation (POO). Please work with my office to get an authorized Plan of Operations for your mining activities at your earliest convenience. Until you have an approved plan, any mining activities, associated equipment or occupancy of National Forest System lands is prohibited.

I look forward to hearing from you on this matter.

Sincerely,

Chris Fischer
District Ranger
American River Ranger District, Tahoe NF
W: 530-478-6254 x238
M: 530-906-2095
cfischer@fs.fed.us


P.S..And lets not forget Chris Fischers own words.

Release Date: Feb 5, 2009  
Contact:


Chris Fischer,
New District Ranger on American River District, Tahoe National Forest
Foresthill — A native Californian from Sacramento, Chris Fischer is the new District Ranger on the American River Ranger District in the Tahoe National Forest. As District Ranger, Chris is the line officer responsible for managing the 235,000 acre American River District, east of Auburn in Placer County.


"I strongly support the mission of the Forest Service and look forward to leading the district, especially now, given the new challenges of urbanization and climate change. I grew up in Sacramento with the Tahoe in my backyard and love it—the beauty, abundance of recreation, and diversity of the forests. I am especially looking forward to working with the communities and sharing in their vision and goals for the National Forest. They have entrusted the management of these lands to the Forest Service and I feel a tremendous responsibility to manage the forests—their forests—to meet their desires. And I couldn’t ask for a nicer and more dedicated group of employees at the Ranger District in Foresthill. It has been a pleasure to get to know them,— stated Fischer.
About Us - Mission
Mission, Motto, Vision, and Guiding Principles
Mission
The mission of the USDA Forest Service is to sustain the health, diversity, and productivity of the Nation’s forests and grasslands to meet the needs of present and future generations.
Motto: Caring for the Land and Serving People
The phrase, "CARING FOR THE LAND AND SERVING PEOPLE," captures the Forest Service mission. As set forth in law, the mission is to achieve quality land management under the sustainable multiple-use management concept to meet the diverse needs of people:
Guiding Principles
To realize our mission and vision, we follow these 13 guiding principles:
• We use an ecological approach to the multiple-use management of the National Forests and Grasslands.
• We use the best scientific knowledge in making decisions and select the most appropriate technologies in the management of resources.
We are good neighbors who respect private property rights.
• We strive for quality and excellence in everything we do and are sensitive to the effects of our decisions on people and resources.
• We strive to meet the needs of our customers in fair, friendly, and open ways
.
• We form partnerships to achieve shared goals.
• We promote grassroots participation in our decisions and activities.
• We value and trust one another and share leadership.
• We value a multicultural organization as essential to our success.
We maintain high professional and ethical standards.
• We are responsible and accountable for what we do.
• We recognize and accept that some conflict is natural and we strive to deal with it professionally.
• We follow laws, regulations, executive direction, and congressional intent.
WHEN???
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GoldPatriot



Joined: 30 Dec 2011
Posts: 219
Location: Waldport, Oregon

PostPosted: Tue Jul 03, 2012 4:46 pm    Post subject: Reply with quote

Hefty: Great job of drafting your letter and putting the USFS on notice that you'll not be intimidated by the likes of them or anyone else.  I also have to give you thumbs up  for leaving yourself more than enough ammunition, not yet exposed for use at this time. For those that  have yet to learn about mining law or law in general, Hefty has set the perfect legal trap for the USFS.  There is little expectation that any of them at the USFS will be smart enough to settle in full with Hefty (and every miner they have screwed with over the years), before they lose their collective butts in the Courts.  

Again Hefty.. you make us .. and every miner out here.. PROUD!
_________________
" America is at that awkward stage......... It's too late to work within the system, but too early to shoot the bastards."
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Hefty



Joined: 30 Dec 2011
Posts: 132
Location: sacramento ca

PostPosted: Mon Jul 09, 2012 9:50 pm    Post subject: Reply with quote

One week down...
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Hefty



Joined: 30 Dec 2011
Posts: 132
Location: sacramento ca

PostPosted: Thu Sep 13, 2012 3:45 pm    Post subject: Reply with quote

USFS, American River Ranger District, District Ranger, Christopher Fischer, now refusing certified, return receipt, mail.
Evasion...Diggin it deeper!
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Hefty



Joined: 30 Dec 2011
Posts: 132
Location: sacramento ca

PostPosted: Tue Sep 25, 2012 6:46 am    Post subject: Reply with quote

Got this delivered via another miners mailing...

    Delivered to Chris Fischer 9/24/2012  


         Certified Mail 7012 1010 0002 1429 9632
         Return Receipt Requested


         Same as Certified Mail- 7012 1640 0001 1642 5356
         Return Receipt Requested, Refused on 9/12/2012 By Recipient Chris Fischer






                                                                                                                                   9/7/12

Re: Notice of Default and Fault; Tacit admissions, reliance therefrom. Remedy. Demand.


Christopher Fischer,
Notice of Default
This is Notice and acknowledgment of your default to answer or otherwise Show Cause in response to the letter of 06/29/12, For Notice and Other Purposes of Your Last Email Threat, included here by this is reference and attached. Your Fault is hereby perfected actions are unlawful, a takings, or a fiduciary breach.

Notice of Fault and Acceptance
By your failure to respond to show cause, you acknowledge and admit your activities are wrongful and there fore actionable and I accept this fact. I had hoped you would decide to proceed honorably, lawfully, and ethically.

The Letter of 06/29/12 is incorporated here by this reference as the fact of the faults or wrongs, whether by commission or omission, relied upon for remedy. These include, but are not limited to, wire fraud, trespass, theft, interference with commerce, and the host of other crimes.
Remedy
By your admitted wrongful Acts, I am entitled to remedy. Because you concede, admit, notwithstanding the tacit nature of the admissions, and commit that there is no authority, jurisdiction, or territory for which you did act, or can act, any further contact with me by you, the United State Department of Agriculture, agency law enforcement, or any body else, other than to execute the Remedy I seek for your harm, will be deemed felony in progress. I will respond with the appropriate measures under state law to protect myself and my property. I will resume the exclusive enjoyment and use, including “occupancy”, of my granted property which you further admit and I reasonably rely is a vested private valuable mineral deposit segregation in-holding the forest reserve and not “National Forest System lands”, and not subject to the NEPA or POO.

Demand
Short of your intention to continue your wrongful ways, Christopher Fischer,  you are now liable to me for your admitted wrongful actions.
The cost of your harm to me to date is the sum certain of $22,876.66, (Details upon request), in mitigation. If I do not receive cash payment in 14 days, I we further accept you intend to continue your felonious ways and are in evasion of the debt you owe to me and are obligated to pay to me for the trespass and damage to me, and my property. Any act other than payment is considered retaliation or retribution.

Moreover, I intend to seek the appropriate, not limited to, civil and criminal remedies available to make me whole. Consequently, I intend to seek from the responsible agency head remedy for the ethics violations your actions commit.

Those that have not answered to denounce your actions are deemed to be accessories. I may seek remedy for their harm. For the time-being, I am of notice that they to intend to act wrongfully and are criminal accessories after the fact in aid of felonious organized activity, actionable ethics violations at the very least.

By your default, I will, at least, contact the local sheriff as to your admitted felonious activity in the county.

Mark Hepfner
6833 Capital Circle
Sacramento, Ca 95828            




 cc: Secretary of Agriculture, The office of Congressman McClintock





Re:    For Notice and Other Purposes of Your Last Email Threat.                            Date 6/29/2012
         Certified Mail _____ _____ _____ _____ _____
         Return Receipt Requested to the Office of the Secretary of Agriculture


Notice to agent or employee, is Notice to superior.



Christopher Fischer,

In your email to me last, You asked me to “Please work with my office”.
I cannot work with your office.
a) You fraudulently assert authority’s you don’t have.
b) You wrongfully deprived me of my property and rights without due process, or consultation, or the right to do so.
c) You flout your own policies, the codes, and the law.
d) Your office and law enforcement lie whenever it suits your needs.

Most any of the commissions of the above are felonies under federal and state law. For instance, and not limited to, you know that when you violated my expectation of the honest administration of government you committed a felony under federal law. When you used your office to deprive me of the use and enjoyment of my property, that's a felony extortion under state law. How am I supposed to work with such a criminal band, Mr. Fischer.

Further, when I recently picked up my stolen equipment from the American River Rangers District, ARRD work shop, in Foresthill, Ca. my helper was talking to a LEO there and told him we were taking the equipment right back down to the claim. The LEO asked, “Today”? My helper responded, “Yes, why not?” Then posed the question to the LEO, “Is there a law against that?” The LEO just walked away. This shows that there is no law against working my claim. So why are you fraudulently asserting that I need a POO to work the claim? Why isn't the law enforcements officer tacit agreement that there is no law you can use to stop my mining incident activity good enough for you that you continue your extortionate demands?

But your email makes some other unsupportable references which I will have to clear up, whether or not there is ever a time I can work with your office. In your email you use the following terms which appear to imply some sort of continuing obligation on my part to some undisclosed authority on your part, for instance:

1) “As a reminder,”
Your use of the word “reminder” supposes a prior authority that I was obligated to, the orders from which I was required to subject myself. You know there is no such obligation or requirement as will be further discussed. I am not reminded of anything.

2) “in order to work your mining claim”
While identifying it is in fact my claim, and not the government's or yours, You challenge that I cannot work my mineral deposit claim. Where Congress has required that I work my discovery and have the implied right to work my claim, How is your imposition not a taking, and not an infringement of the grant conveying possessory title evidencing that I have exclusive enjoyment and use, including the entire surface within the limits of the claim, assertable even against the United States as your Forest Service Manual explains to you?
a) Show cause, How my mineral deposit location was not restored to public domain, segregated from the forest reserve by operation of law, Act of 1897, and disposed to me and my determinations, exclusively, by operation of law, the mineral disposal acts of 1872 to 1865 and that this grant did not provide a complete authorization other than your approval to work my claim.
b) Show cause how you are not acting contrary to the congressional mandate upon you by the FLPMA that “no provision of this section or any other section of this Act shall in any way amend the Mining Law of 1872 or impair the rights of any locators or claims under that Act.”

3) “Until you have an approved plan, any mining activities, associated equipment or occupancy,” “is prohibited”.
Where I was working before without a plan of operations, your demand here now for a plan of operations appears to be retaliation and retribution for the trespass and theft of my property that was recently committed by your office, whereby you were caught and returned some of my property.
a) Occupancy was granted to me under the mining laws, not subject to your authority, See # 2 above.
b) This other authorization in the form of a congressional grant is not a special use delegated to your administrative management authority that you have discretion over. Show cause that it is.

4) “is prohibited”
As you know prohibition of a granted property is a facial takings of my granted property. It is also a fiduciary breach, a very serious crime. Show cause how your purported prohibition is
a) Lawful,
b) not an takings; and
c) not a fiduciary breach.
d) For the purposes of establishing jurisdiction between the district court and the United States Court of Claims, for unlawful takings, show cause further, how your action thus far are not torts.

5) You use the phrase, “an approved plan of operations”.
a) Show cause in the Act of 1872, the grant terms of which I am obligated to fulfill, where in that act is a Plan of Operations required?
b) Show cause how my private mineral deposit claim is a major federal action subject to the NEPA.
c) By the most extreme odds that you can show the NEPA applicable, produce the prerequisite Notice of Intent, and Environmental assessment the agency did from which any Plan would be based?
d) Given you can show cause the lawful imposition of the NEPA upon my private property, admit you have the cart before the horse or show cause how you do not.

6) “National Forest System lands”
You fraudulently assert that my mineral deposit claim comprises “National Forest System lands” despite the removal of the segregated land by my discovery by operation of law. Where Congress has mandated a reservation of the minerals and land in the Organic Act of 1897, where it states, lands found valuable for minerals may be restored to the public domain and is by operation of law, and where the mining laws culminating in the Act of 1872, convey possessory title, including authority and jurisdiction, exclusively to me of the public domain so removed from the forest reservation, maintainable against the government grantor's interest, including you or the USFS, show cause how you haven’t committed a fraud to declare my private in-holding under the mining law of 1872, and 1897, is “National Forest System lands”?

Until you show that my mineral deposit claim is other than the private in-holding within the forest reserve Congress granted, Your “prohibition” appears valid only upon land I do not possess or intend to work. Show cause this is not the fact.

Because your letter implies official threat of action, however unlawful, You have 14 days to answer to the above identified frauds and other actions to show cause how you are not committing or have not committed any felony, tort, or taking, or acting or intending to act contrary to law as regards your last email and that you can definitively show contrary to your previous theft that you can lawfully proceed and have been doing so.

It is up to you to make sure all get this notice. Everyone who you sent a CC of the below, the “Fischer, Christopher-FS” email to Mr Hepfner, shall return a response disclaiming their part in the apparent criminal actions taken against me by Mr. Fischer or the USFS, whether privately or officially, or be held to be aiding and abetting, or as accessories to the felonies Mr. Fishers commits or the harm caused by the fraudulent statements made or the actions taken knowingly, willfully, and intending to extort from me the exclusive use and enjoyment of the valuable mineral deposit property granted exclusively to me by Congress. There is no excuse. Not responding to tell me that you do not concur with the Actions of Mr. Fischer to expressly denounce those actions or omissions to act to adversely impact my rights and property contrary to law will bring you into liability as an accessory, if not worse.

I look forward to hearing from you all on this matter.

Mark Hepfner
6833 Capital Circle
Sacramento Ca, 95828


cc: Secretary of Agriculture.
    U.S. Department of Agriculture
    1400 Independence Ave, S.W.
    Washington, D.C. 20250

cc: The office of Congressman McClintock
     428 Cannon HOB
     Washington, DC 20515






Email from C Fischer



From: "Fischer, Christopher -FS" <cfischer@fs.fed.us>
View Contact
To: Linda Rhodes  <mygolddust@att.net>
Cc: "Barnett, Gary -FS" <gbarnett@fs.fed.us>; "Torres, Anthony W -FS" <awtorres@fs.fed.us>; "Wiese, Karen -FS" <kwiese@fs.fed.us>; "Madrigal, Tom -FS" <tmadrigal@fs.fed.us>; "Weaver, Rick -FS" <rweaver@fs.fed.us>; "Tebbe, Mo -FS" <mtebbe@fs.fed.us>

Mr. Hepfner,

As a reminder, in order to work your mining claim, you will need to have an approved Plan of Operation (POO). Please work with my office to get an authorized Plan of Operations for your mining activities at your earliest convenience. Until you have an approved plan, any mining activities, associated equipment or occupancy of National Forest System lands is prohibited.

I look forward to hearing from you on this matter.

Sincerely,

Chris Fischer
District Ranger
American River Ranger District, Tahoe NF
W: 530-478-6254 x238
M: 530-906-2095
cfischer@fs.fed.us
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legalminer



Joined: 04 Jan 2012
Posts: 17

PostPosted: Sun Dec 23, 2012 11:12 am    Post subject: Reply with quote

Anything new on this?
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BSMiner



Joined: 13 Nov 2014
Posts: 2

PostPosted: Thu Nov 13, 2014 10:29 pm    Post subject: Reply with quote

Very well done.... what was the final outcome of this?
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GoldPatriot



Joined: 30 Dec 2011
Posts: 219
Location: Waldport, Oregon

PostPosted: Thu Nov 13, 2014 11:43 pm    Post subject: Reply with quote

Hefty my friend, great job and I know that you'll carry through with this issue.

I trust that all other miners take note.  YOU DO NOT HAVE TO LIVE IN FEAR, NOR DO YOU HAVE TO SUFFER ANY ABUSE FROM ANY GOVERNMENT AGENCY, PERIOD!


_________________
" America is at that awkward stage......... It's too late to work within the system, but too early to shoot the bastards."
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