Mining Activities in Klamath National Forest Lead to Criminal Charges

摘要

In United States v. Ganoe, No. 3:09-mj-0048 CMK, 2010 WL 5394765 (E.D. Cal. Dec. 21, 2010), two of three owners of a mine located within the Klamath National Forest in Siskiyou County, California were convicted under federal law on several counts related to the damage of and unauthorized construction on National Forest System lands. In the process of engaging in mining activities within Klamath National Forest, the defendants had constructed a pond, brought in a 450 Cat dozer and a Takahici mini excavator for use in the mine, and made improvements to an existing access road, including constructing a gate along the road. Id. at *8-11. According to the government's experts, the mining activities caused a landslide, which in turn damaged the access road and a number of surrounding trees. Id. at *9. All of the defendants' mining and construction activities, as well as the landslide, occurred before the defendants filed the required Plan of Operations and Notice of Intent with the Forest Service. Id. at *11-12.