Subscribe now to get the lates news and updates from PLP! 1034-1035.) Other Statutory Considerations (PDF), Appendix A.. Fish and Game Code section 5650, for example, prohibits the placement of materials deleterious to fish, including sand and gravel from outside of the current water level, into the river or stream. That is not just unacceptable, it is in violation of the law and we made sure they knew that. Unaffected prospecting activities include panning, sniping & vack-mining, sluicing & high-banking,electronic prospecting and other types of prospecting that do not use a suction nozzle within an active stream, river or creek. Under new state law effective January 1, 2016, the use of vacuum or suction dredge equipment is defined to mean the use of a mechanized or motorized system for removing or assisting in the removal of, or the processing of, material from the bed, bank, or channel of a river, stream, or lake in order to recover minerals. 19-Z, p. As part of the effort, CDFW also prepared and certified a Subsequent Environmental Impact Report (SEIR) consistent with the California Environmental Quality Act (CEQA). The substance of this path revolves around how the federal and state law defines pollutants and discharge along with the intended activity. Folks, this is serious stuff here. The beauty of this gravity extraction is that we don`t have to spend time and effort packing the very wide paid dirt. Not only has it responded to each recent review albeit with a form response Gravity Lending is one of the few matching services I . California Penal Code Section 17235 states that folding knives are legal in the state if they are in the folded position. Dec 5, 2010 1,702 1,477. It is like stepping up to a group of bullies who are picking on a 12 year old girl. (See generally Fish & G. Code, 5653, 5653.1, 12000, subd. Directs the State Water Resources Control Board or the appropriate Regional Water Quality Control Board to solicit public input as detailed and to hold at least one noticed public hearing before taking any action as provided. Nothing to sell you. CDFW adopted the amended regulatory definition of suction dredging through a regular noticed rulemaking action under the Administrative Procedure Act (Gov. Subscribe now to get the lates news and updates from PLP! Because I'm 100% sure that the GPAA leadership will say nothing about itDo nothing about itAnd post nothing about it as usual. (Cal. Another fact is that there will only be 1500 permits issued and most of them have been issued to the phony mercury cleanupfirms and the big dredgers cleaning harbors and such, the little guy doesn't have a chance. PLP: FIGHTING TO TAKE IT BACK AND KEEP IT FOR TWENTY-FIVE YEARS! We, like many others can lead, can go on the front line and push for you, but we have to know you are there as well. 641.) I approached and introduced myself as deputy director of internal affairs for The New 49`ers. It also does not affect our group weekend projects. E064087.). and we will invite a Department of Fish and Wildlife officer to show that dredging for the purpose of reclamation is legal in the state of California and, we will not be ticketed. Generators to run lights in the desert at night, track wheelchairs for the disabled and we even know of one man who was told his truck aided in his mining activities and could be subject to confiscation. May work for others, but when out legislators got wind of it a couple of years ago as a "work around" they put in it into the bill as well. See additional related information. ), effective August 4, 2014. As always, thank you for the update, as well as for everything you do. Keep up the hard work. One person cannot change the world, he or she can only lead the way. Water Quality and Toxicology (PDF), Chapter 4.4. Defines the use of vacuum or suction dredge equipment, otherwise known as suction dredging, in the same terms as described above and now provided in Fish and Game Code section 5653; Provides the State Water Resources Control Board or the appropriate Regional Water Quality Control Board may take one or more of three specified actions related to suction dredging to protect water quality, including (1) the adoption of waste discharge requirements or a waiver of such requirements; (2) specifying certain conditions or areas where the discharge of waste or other adverse impacts on beneficial uses of the waters of the state from the use of vacuum or suction dredge equipment is prohibited; or (3) prohibit any particular use of, or methods of using, vacuum or suction dredge equipment, or any portion thereof, to extract minerals based on a determination generally that doing so will cause or contribute to an exceedance of applicable water quality objectives or unreasonably impact beneficial uses; and. By order of the Judicial Council of California, various ongoing civil proceedings are coordinated in San Bernardino County Superior Court. Let that sink in for a minute.other states are dredging to create fish habitat. What remains now in the process is the public comment period where they tell the public what they plan to do and ask for comments. Home - Gravity Legal The politicians and courts didnt give us much to trust in their words. The Rinehart litigation stems from a criminal prosecution for unlawful suction dredging in 2012. So literally right before going public, they had 2/3s of their staff gone from the department. apart that were adopted jan. 1 2016 and there is no ban on gravity suction but its all water board here in ca, that's calling the shots, a bunch of gay and lesbian appointees that live at lake Tahoe and run down every mourning to see if there is a turd floating on the lake. 414. It will be an on-line application process meaning you go to a specific link at the CAWB and fill it out on your computer. Permitting applications will be available in early Spring and we are shooting for the very first day of Spring which is March 20, 2019. What happened is the folks at the CAWB who are scientists and engineers pulled the raw data of all the studies over the past 20 years which were provided to them by WMA (Western Mining Alliance) and decided to see if dredging was in fact harming fish or fish habitat. P.O. At least six other lawsuits have been filed in California which challenge both the Moratorium and the new suction dredge regulations which DFW ultimately adopted in 2012. Public Lands for the People (PLP) and Reinke Mining Adventures & Services are gearing up to demonstrate how to legally repurpose your dredge. What they concluded was dredging was deminimus, meaning it doesnt harm fish or fish habitat. The case is so dry based on established federal law that the miners have asked the Federal Court for an expedited summary decision, hoping to save their 2016 season. In this case, the question is whether federal law prevents the State of California from imposing substantial interference with mining or prospecting on public lands. Home; Categories. We also do not know the specific regulations to a fine detail. Last year PLP released its strategy for a path for legally re-starting suction dredging in 2021. Big hose reduction before the suck hose is the biggie-a 4" hose runs a 2 1/2 . P.O. Select Post; Deselect Post; Link to Post; Member. PLP stated to the Court: We would like to meet you and of course say Hi to old friends. Some of the add-ons on this site are powered by. The Rinehart case awaits a decision by the California Supreme Court. Ct. San Bernardino County, Judicial Council Proceeding No. Training, best practices, written rules, etc We are not overly fond of this. Under new state law effective January 1, 2016, the use of vacuum or suction dredge equipment is defined to mean the use of a mechanized or motorized system for removing or assisting in the removal of . WellI was part of a 10,000 person march on California's Capital when classic cars were being threatened by the Communists running California. In many cases, the first step in dredging is to remove the layer of overburden gravels which often cover the bedrock. How much will permits cost? We march from the Capital right over to the California Water Board just 4 blocks away. Please be aware that PLP does not tout Mining Rights without promoting reclamation, as there is no such thing as an unfettered right to mine without responsibilities. From the President of AMRA on California suction dredging; First of all, we would like to apologize for the length of this write up, but it is necessary. (a).) (c)(1).). hasn't gotten their hands on yet in the rivers. Department of Fish and Game, who is currently required to obtain a permit from.will be eliminated. The 2012 Department of Fish and Wildlife (DFW) regulations. We are not happy with the potential for a permit for a single miner paying thousands when many miners pull less than an ounce in a season. Based upon the Courts Ruling and Order, on May 18, 2015, PLP filed a motion, along with The New 49ers, for an injunction against DF&W from: 1.Enforcing the provisions of the Fish & Wildlife Code prohibiting suction dredge mining in the rivers, streams, and waterways of California without a permit, and possessing a suction dredge near closed waterways; (Suction Dredge Mining Cases, Super. Further, Fish and Game Code section 1602 requires that any person notify the Department before substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel or bank of any river, stream or lake. The case has yet to be decided at that level. Please be advised that these other types of mining activity along New 49er properties are subject to a our set of Surface Mining Operational Guidelines. People were cited, their equipment confiscated and fines were paid. (Cal. As you probably know, knowledge is power and a highly effective tool against your enemies who wish to deprive you of your rights! Notice Register 2014, No. Related litigation is also pending before the California Supreme Court. This has the effect of dramatically reducing the cost of the permit for the end user. This web page will be updated, resources permitting, should there be any significant developments in the ongoing litigation regarding suction dredging that affects the current status quo. (Stats. CDFW amended the regulatory definition of suction dredging as an emergency action effective June 28, 2013. Wow just two comments here!! www.publiclandsforthepeople.org. Dear Water Board Members: I strongly support the Water Board's provision in the draft National Pollutant Discharge Elimination System (NPDES) General Permit for . gold dredging in california There is yet another fly in the soup here folks. About California suction dredging. - American Mining Rights Association Reinke Mining Adventures & Services is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a way for websites to earn advertising revenues by advertising and linking to Amazon.com. Please note that we have carefully crafted these Rules from the DFW suction dredge regulations which applied to our properties during the 2009 season when the illegal moratorium was imposed. High bankers are one piece of equipment we are still actively discussing and may involve a permit of some kind if run in the creek. This information will be made available for everyone. This decision ensures that California`s water quality, fisheries, and cultural sites are protected from suction dredging and similar forms of mechanized recreational mining. Suction dredging uses machines to suck gravel and sand from streams and river bottoms in search of gold. By order of the Judicial Council of California, various ongoing civil proceedings are coordinated in San Bernardino County Superior Court. I know, I grew up there and most of my friends were timber fallers and worked for logging companies. shannonp@americanminingrights.com, American Mining Rights Association Further, Fish and Game Code section 1602 requires that any person notify the Department before substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel or bank of any river, stream or lake. California Closes Suction Dredge Mining Loophole - Biological Diversity PO Box 467 (In re Suction Dredge Mining Cases, No. Notice Register 2014, No. Not enough. How long will this take? This web page will be updated as resources allow should any significant developments occur regarding the use of motorized vacuum or suction dredge equipment in California, or CDFWs related regulatory authority. New state law governing the use of vacuum or suction dredge equipment, otherwise known as suction dredging, is now in effect, as of January 1, 2016. So it looks like California`s suction gold excavator rights will remain in limbo until the California Supreme Court intervenes. You see, at the time, they knew how beneficial dredging was to our waterways, now it`s a program. Coulterville CA 95311, support@americanminingrights.com Reg. All Rights Reserved. Reg. (Cal. 28-Z, pp. With state law in effect, the use of vacuum or suction dredge equipment, otherwise known as suction dredging, is unlawful in California rivers, streams, and lakes, and any such activity is subject to enforcement and prosecution as a criminal misdemeanor. It does not have anything to do with the other types of prospecting or mining that we do in California. is gravity dredging legal in california - lumpenradio.com 680, 2-3.) Since the Court ruled that Californias dredge permitting moratorium is unconstitutional, making it unenforceable as a matter of law, The New 49ers are not going to prohibit suction dredging on our mining properties. Suction Dredge Permits - California Department of Fish and Wildlife All the meetings that I have been in on CA Suction dredging with DFW. That state and federal agencies ignore us, our voices and our rights should not surprise anyone by now. They had discussed at a few of our meetings of coming up with an association, club or company type permit which entails a club (or similar) obtaining a permit and all members could dredge under that one permit. completely legal even in the non motorized areas and just drives them crazy. 14, 228, 228.5; Cal. New state law governing the use of vacuum or suction dredge equipment, otherwise known as suction dredging, is now in effect, as of January 1, 2016. Even if there are no more political or staffing interruptions, it is highly unlikely any permitting will be available in 2019. Because of this, the Miners are suffering irreparable injury and harm, including, arrests, threats of arrest, and jail time, as well as substantial monetary loss. (Stats. Gravity Dredging - TreasureNet The Original Treasure Hunting Website Tom. . 2015, ch. The Fish and Game Code, the Clean Water Act, and the California Water Code prohibit you from discharging water and waste sediment from your highbanker or power sluice to an area such that it may enter a stream, river, lake, or other . Afraid of the legal repercussions to dredge for reclamation purposes? PLP members who are renewing online and by mail will start receiving these new guide cards, along with our member card and orange challenge card. Their cost is fairly minimal (probably around $50) but due to the unbelievable restrictions on the waterways, it is a short season and the costs just keep adding up. Mining equipment may not be used where freshwater mussels or Pacific lamprey are present. Sad isn't it? But gravity dredges are ok. Fish and Game Code Section 5653, Appendix B. Only gamble with what you care to lose. We believe the sponsors of SB637, Izzy Martin and the enviro group The . (Fish & G. Code, 5653, subd. Notwithstanding that authority, the use of any motorized vacuum or suction dredge equipment is prohibited in California, and CDFW is prohibited from issuing any related permits under the Fish and Game Code. If you are diverting water from a riparian parcel for use on that parcel, you . California Code of Regulations (suction dredging). Have pre-printed papers on the science and benefits of suction dredging to the fisheries and how many tens of millions of dollars it adds to the California coffers, especially in the hard hit rural areas. I suggested a 10,000 person march on the California Capital to secure our 1872 Mining Act rightsKevin Hoagland didn't think it was a good idea. ---MembershipDonationClaimsSend us a link/News articleGeneral Inquiry. We will be demonstrating to the public how to responsibly, and legally, use a suction dredge for the purpose of reclamation. (c)(1).). Maybe it is time to think out of the box. To access the Fish and Game Code and CDFWs suction dredge regulations, please click on the following link: On March 16, 2012 CDFW completed a multi-year environmental review and rulemaking effort to update its suction dredge regulations implementing Fish and Game Code section 5653. But members who choose to dredge should be aware that they may be hassled by the authorities, and even face the possibility criminal prosecution. No, it is clear they do not. Many turned to drugs, alcohol and most of my rural towns dried up from the destruction of a renewable resource because of an owl. PO Box 467 is gravity dredging legal in california - dura-fog.com S222620.) We pointed out that this morphing of language was illegal, immoral and adversely affected 10s of thousands of people. CAWB objectively evaluated the process of small scale suction dredging and determined yes, in fact it should be permitted so when they started leaking this very thing, politics (we believe) likely came forward and stopped them from going public with their proposal to permit the activity. No. In the coming days, we will have a public workshop to show the public just how this works and we will invite a Department of Fish and Wildlife officer to show that dredging for the purpose of reclamation is legal in the state of California and, we will not be ticketed. Copyright 2023 by Gold Prospectors Association of America. Supreme Court lets California's ban on suction-dredge mining stand To access the Fish and Game Code and CDFWs suction dredge regulations, please click on the following link: On March 16, 2012 CDFW completed a multi-year environmental review and rulemaking effort to update its suction dredge regulations implementing Fish and Game Code section 5653. The use of vacuum or suction dredge equipment, otherwise known as suction dredging, is currently prohibited and unlawful throughout California. They have made these statements in front of two sitting California Senators. (a).) With state law in effect, the use of vacuum or suction dredge equipment, otherwise known as suction dredging, is unlawful in California rivers, streams, and lakes, and any such activity is subject to enforcement and prosecution as a criminal misdemeanor. CDFW regulates suction dredging and the use of any related equipment in California pursuant to Fish and Game Code section 5653 specifically. The event will be held on one of the RGM group claims. If you recall, the DFG created a nightmare proposal on dredging, the one we recommended was nothing like that. So here we are, late March of 2019 and this is where we are now: The CAWB has obtained some of their staffing back and we are being told they are back on track of developing the draft proposal to take it public once again. 33-Z, p. The mining community challenged the new regulations as unreasonably restrictive. In the `80s and `90s, before the opposition party really took off and seeped into many of our regulators, the USFS called gold clubs, groups and associations and asked members to dredge water after a wildfire because they wanted the fish to come back. Cr. However the CAWB has specifically stated they would like AMRA (Shannon Poe) to help them with the language and make sure the language does not encompass other equipment like the vague SB637. There is no restriction on the length of the knife's blade. Both Mr. Godfrey and Mr. Osterbrink deserve praise for standing up and successfully fighting the CA Regional Water Quality Control Board (EPA) experts, the CA Dept. Firstly, almost all of the equipment wrapped up in the vague language of SB637 is being reversed and will once again be legal and not considered a suction dredge. Your excavator only collects 93% of the mercury, while ours collects many more. ), SB 1018, among other things, directed the Department to consult with various agencies, and to provide recommendations to the Legislature by April 1, 2013 regarding statutory changes or authorizations necessary for the Department to promulgate regulations to implement Fish and Game Code section 5653 which will, among other things, fully mitigate all identified significant environmental effects and include a fee structure that will fully cover Department costs to administer its related permitting program. Take the Delta Gold Diggers for example, say they have 20 dredge claims, the club would pay for one permit, then certify their members to dredge under that one permit. If you havent renewed your membership lately, you can do so on our new website: Great idea, that should annoy the BLM & USFS & the Fish & Game nut cases. The use of vacuum or suction dredge equipment, otherwise known as suction dredging, is currently prohibited and unlawful throughout California. shannonp@americanminingrights.com, American Mining Rights Association Reg. Several industry Associations have stepped up and contributed to the legal effort.
