Notice Register 2012, No. 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; 2.Enjoining the enforcement of the 2012 Regulations promulgated pursuant to 5653.1 of the Fish & Game Code; and. of mercury missing in ca. Some of the add-ons on this site are powered by. It is a final process, but not a mining method. Suction Dredge Permits There is yet another fly in the soup here folks. 5 out of 5 stars, based on 1,117 customer reviews. We view this new restriction as completely unnecessary and based on seriously flawed information provided by biased sources. (Id., 5653.1. shannonp@americanminingrights.com, Copyright 2021 American Mining Rights Association. Dear Water Board Members: I strongly support the Water Board's provision in the draft National Pollutant Discharge Elimination System (NPDES) General Permit for . JavaScript is disabled. Seize and prosecute. (Cal. 1034-1035.) There is 23 1/2 million ibs. Posts: 80 Gravity dredge and sluice May 20, 2010 7:54:18 GMT -5 . 28-Z, pp. Via email: commentletters@waterboards.ca.gov. So as you can see, this is monumental. Afraid of the legal repercussions to dredge for reclamation purposes? Gravity Dredging - TreasureNet The Original Treasure Hunting Website I costs them nothing. Mining & Dredging Seasons in California - goldgold.com Was this politics? Meanwhile, just in case you do not know, this new law only stops suction dredging within Californias active waterways. It was one that didnt involve keeping a diary, waiting a year for a permit or costing 5 grand to run a 4 dredge while being limited to a small 20 foot area in a creek they chose. An appeal stemming from those proceedings is pending in Division Two of the Fourth Appellate District. ---MembershipDonationClaimsSend us a link/News articleGeneral Inquiry. (Cal. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); American Mining Rights Assoc. 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. There is no restriction on the length of the knife's blade. Afraid of the legal repercussions to dredge for reclamation purposes? Keep up the hard work. 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. Is gold dredging legal in California? - KnowledgeBurrow.com I dredge multiple rivers, do I need a permit for each waterway? We believe strongly since this is incidental fallback, like a dredge, it adds nothing and does not cause any adverse impacts on California waterways. 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. AMRA will be discussing this live all weekend at out outing near Groveland CA, its open to the public and its free. Cr. About suction dredging in California: As all of you are probably aware, there is a moratorium on suction dredging in California. Connor & Sargent, PLLC. To continue prospecting the bottom of active waterways, some members have converted to underwater crevicing, using the hookah and pump from their 5 and 6 HP motors on floating platforms to provide air for breathing and a jet of water to help move material out of the way, thus coining the new method as underwater blow mining.. is gravity dredging legal in california - polucon.com As part of the effort, CDFW also prepared and certified a Subsequent Environmental Impact Report (SEIR) consistent with the California Environmental Quality Act (CEQA). Love all the work and appreciated every single one of you who participated in making this possible for all of us. Do we have to keep silly diaries and all the other documentation like what was proposed before? One person cannot change the world, he or she can only lead the way. 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. California Penal Code Section 17235 states that folding knives are legal in the state if they are in the folded position. Reclamation Dredging in California! Reinke Mining Adventures How long will this take? Copyright 2023 by Gold Prospectors Association of America. 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. As we pointed out in testimony at the Senate hearing on SB1222, panning is not, nor has it ever been a mining method. Sound familiar? 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. We either push back, and push back hard, speak out at the top of our lungs, without fear and with conviction or we move to oh thats right, there are no other countries like America. Thank you. 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. 27 Davis Road, Happy Camp, California 96039. Any gravity or siphon dredge used may not have an intake nozzle or hose that has an inside diameter exceeding four inches. They stated you can still pan. 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. support@americanminingrights.com Water Quality and Toxicology (PDF), Chapter 4.4. 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. As part of the effort, CDFW also prepared and certified a Subsequent Environmental Impact Report (SEIR) consistent with the California Environmental Quality Act (CEQA). is gravity dredging legal in california - lumpenradio.com 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 . 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. shannonp@americanminingrights.com, American Mining Rights Association There are no after season, nor continual season reporting requirements like DFG proposed in 2012 like keeping a diary and all that nonsense. This is perhaps the most significant legal dispute regarding U.S. mining in our lifetime. As a result of extensive litigation, we managed to finally get the Moratoriumoverturnedin the Third Appellate Court. Several industry Associations have stepped up and contributed to the legal effort. You have made this happen by consistently contributing over the years. What they concluded was dredging was deminimus, meaning it doesnt harm fish or fish habitat. That is Awesome news. Notice a trend here? Folks, this is serious stuff here. (People v. Rinehart, No. Sad isn't it? The Department prepared and submitted the required report to the California Legislature (PDF) on April 1, 2013. Under existing state law the California Department of Fish and Wildlife is also currently prohibited from issuing any permits for suction dredging in California under the Fish and Game Code. Its one rule for you, one very sweet rule for them. Copyright 2023 Public Lands For The People. If mercury is being stirred by dredging, why has the government just given over a million dollars for mercury to the Sierra Fund (a super-liberal environmental group)? 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. The good news is that Judge Ochoa awarded California suction dredgers ahugewin on January 12th 2015 by declaring Californias scheme of first passing a law that requires suction dredgers to obtain a permit, and then passing another law making permits unavailable, as an unlawful and un-enforceable interference with the intention of congress. S222620.) Come on guys WOO0 WHO0! 39, 7. I have hope again thank you AMRA! GRAVITY DREDGING AND BEATING THE SYSTEM! - Gold Prospectors So the CAWB didnt toe the political line as some expected. On June 27, 2012, the State of California enacted Senate Bill 1018 (SB 1018), amending Fish and Game Code section 5653.1. The updated regulations are the first comprehensive update of CDFWs suction dredging regulations since 1994. Since the Court ruled that California's dredge permitting moratorium is unconstitutional, making it unenforceable as a matter of law, The New 49'ers are not going to prohibit suction dredging on our mining properties. Gravity dredge and sluice | Message Board - ProBoards How is it that other states dredge to create fish habitat, but California thinks it kills fish? How would you like a new Proline 4 dredge for a dollar. These online materials (take 4 steps and a few minutes to perform) along with a simple guide that can be shown to be quite effective when persons carry out the guide, and seriously adhere to its documents and principles outlined on the card. In his Decision, Judge Ochoa ruled that both the Moratorium and the 2012 suction dredge regulations are unconstitutional. The use of vacuum or suction dredge equipment, otherwise known as suction dredging, is currently prohibited and unlawful throughout California. I am merely making a point..that was in favor of miners. 22 et seq.) The 2012 Department of Fish and Wildlife (DFW) regulations. (See generally Fish & G. Code, 5653, 5653.1, 12000, subd. (a).). The substance of this path revolves around how the federal and state law defines pollutants and discharge along with the intended activity. The beauty of this gravity extraction is that we don`t have to spend time and effort packing the very wide paid dirt. We were told some of these folks left for other jobs, what we are hearing from our insiders is a bit different. (a).) Notice Register 2013, No. hasn't gotten their hands on yet in the rivers. Subscribe now to get the lates news and updates from PLP! yeap they've over interpreted the law. Keep up the great work. Coulterville CA 95311- The case has yet to be decided at that level. So, last season, step by step, we developed this brand new method of open-pit mining (high banking). You MUST speak out. Surprisingly to them, that did not happen. i am not saying anything is FACT!! I talk with Jeff from time to time and find him to be one of the most honest and knowledgable miners around! The definition they hang there hat on is..any motor used in the assistance of gold recoverythat's how they will get out of banning generatorsboats..jetskiscars.a hook has a motor and is used for gold recovery they will use that. DFW considers a hookah a motorized system that aids in the recovery of gold as is banned as per the new law? We are being told many months, but even if they get the proposal out to the public, those meetings will take a few months, then permitting will have to be established, a program put in place for permitting and so on. Non-Motorized In-Stream Placer Mining - Oregon CDFW adopted the amended regulatory definition of suction dredging through a regular noticed rulemaking action under the Administrative Procedure Act (Gov. (Cal. The officers were polite and warm. Gold Dredge - Dredging - Dredges - Gold Prospecting Mining Equipment The politicians understand one thingthey cannot continue to piss off their constituents (those in their districts) and get re-elected. It's one rule for you, one very sweet rule for them. We find it a bit odd that right before the 10 year fight for suction dredging seems to be gaining some ground, this happens. For the purposes of this section and section 5653.1, the use of vacuum or suction dredging equipment, also known as an suction dredge, is the use of a mechanized or motorized system to remove or assist in removing or treating matter from the bed, bank or channel of a river, stream or lake in order to recover minerals. General information regarding the ongoing litigation concerning suction dredging in California is available by case number at: www.courts.ca.gov. Coulterville CA 95311, support@americanminingrights.com Training, best practices, written rules, etc We are not overly fond of this. (Stats. You may recall that California`s third appellate court ruled unanimously in favor of vacuum shovels in Rinehart. (Id., 5653.1. In fact, Derek was on the other side of the river with a sucking dredge. www.publiclandsforthepeople.org. If you are looking for a knight in shining armor, or one person to save you, I can assure you that is never going to happen. Gold Mining Sampling and Consulting Services. (Fish & G. Code, 5653.1, subd. (c)(1).). Come out to the Gold Show Saturday and Sunday, May 30th and 31st in Charlotte and say hello! PLP members already in good standing who provide their member number can just request the CA Suction Dredge Guide on the PLP info line by voice or email submission and it will be mailed to you. Maybe it is time to think out of the box. I tore the fish and game regs. 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. It is about their ideology, not facts, science, truth or even something as basic as common sense. 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. Well be addressing this idea at a later date, but sooner rather than later. Code, 11340 et seq. Here is the court`s decision. The bill, written by the Sierra Fund, mandated a temporary moratorium on suction gold dredging until a new environmental study could be completed by the California Department of Fish and Game. Learn to dredge legally without permits and without fear for the purpose of reclamation! On May 1, 2015, Judge Ochoa entered an order (nunc pro tunc) formalizing the Courts granting of summary adjudication, as a matter of law, regarding Federal preemption as to the prohibition on suction dredge mining, and the 2012 Regulations. You see, at the time, they knew how beneficial dredging was to our waterways, now it`s a program. Wow just two comments here!! Price: $ 39.95. SB637 had a mandate of 1 year for the CAWB to come up with a plan and they are now at 2 years, 4 months and 16 days. P.O. 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. 2020 Reinke Mining Adventures & Services Inc. All rights reserved. We pointed out that this morphing of language was illegal, immoral and adversely affected 10s of thousands of people. I just joined AMRA (thanks to Jeff at Proline). About California suction dredging. - American Mining Rights Association 33-Z, p. We would like to meet you and of course say Hi to old friends. Box 100, Sacramento, CA 95812-2000. Your excavator only collects 93% of the mercury, while ours collects many more. SB637 morphed into a defacto prohibition on mining as it then labeled all things as suction dredges. Most prospectors are now aware that the San Bernardino Supreme Court issued a statement on January 12, 2015, stating that the legislature`s moratorium on suction dredging and the recent passage of the Department of Fish & Wildlife (DFW) dredging regulations of 2012 are illegal and legally unenforceable. This particular litigationextends all the way back to 2005, and has cost the mining community no less than a million dollars in legal expenses. 14, 228, 228.5; Cal. A hearing on PLPs motion for the injunction will take place at 8:30 a.m., on June 23, 2015, or as soon thereafter as counsel may be heard, in the courtroom of the Honorable Gilbert G. Ochoa, Department S36J, located at 247 West Third Street, San Bernardino, CA 92415-0210. 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. Because I'm 100% sure that the GPAA leadership will say nothing about itDo nothing about itAnd post nothing about it as usual. Let that sink in for a minute.other states are dredging to create fish habitat. Under that authority, the use of any vacuum or suction dredge equipment by any person in any river, stream or lake in California is prohibited, unless authorized under a permit issued by CDFW. 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.