The permits are good perpetually, meaning that you pay for the permit in 2019, then if you want to dredge next year, you do not have to re-apply, just pay the fee and go dredge. 5 out of 5 stars, based on 1,117 customer reviews. 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. I dredge multiple rivers, do I need a permit for each waterway? We had already invested enough time in this gold deposit to know where the pay-dirt line was and what the payment dirt looked like. At the same time, several prominent organizations and individuals opposed to resource development have spoken out against artisanal mining. A place where a dead body is interred. That state and federal agencies ignore us, our voices and our rights should not surprise anyone by now. Soooooooo Kevin is wrongIt does workHe or they (GPAA leadership) wont do it. Big hose reduction before the suck hose is the biggie-a 4" hose runs a 2 1/2 . You must log in or register to reply here. Thank you. How many of you called? It is about their ideology, not facts, science, truth or even something as basic as common sense. I approached and introduced myself as deputy director of internal affairs for The New 49`ers. thankfully where I go you would likely find bigfoot before you found me. (a).). An appeal stemming from those proceedings is pending in Division Two of the Fourth Appellate District. E064087.). This is perhaps the most significant legal dispute regarding U.S. mining in our lifetime. Here in CA, I can see where an LEO would question a water wheel sluice as "mechanized". . The CAWB stated last summer in our numerous and continual conversations with them that they had in fact agreed to permit dredging and would release the draft proposal in January of 2019. If you cant be there in person, support us online. 2012, ch. Do we have to keep silly diaries and all the other documentation like what was proposed before? 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. Related litigation is also pending before the California Supreme Court. My buddy and claim owner neighborcame by for me to help him with some mapping and we got talking about all the water this year and his gravity system which is a 6" pipe with 3" nozzle sucking from the upper end and dumping in a sluice box. is gravity dredging legal in california. ---MembershipDonationClaimsSend us a link/News articleGeneral Inquiry. They are holding hearings right now on the mercury issue and there idiotic assumption is that dredging stirs it up and of course they say we are not catching it. Several industry Associations have stepped up and contributed to the legal effort. How would you like a new Proline 4 dredge for a dollar? 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. John: Someone had reported to the office that there was an excavator in the river on our new K-23AA property, so I went downstairs to check. 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. No, it is clear they do not. Department of Fish and Game, who is currently required to obtain a permit from.will be eliminated. Thanks again to GPAA for their steadfast support of PLP through this long legal battle. 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. Fish and Game Code Section 5653, Appendix B. This is truly a great win for all gold miners! The officers were polite and warm. This is really stupid. For more information, visit, Subscribe To RGM Mining GroupMining claims for saleStore, Mining Claim Sales | (530)913-1563 | joshreinke@hotmail.com. ), CDFW regulations governing its suction dredge permitting program are found in the California Code of Regulations, Title 14, sections 228 and 228.5. It's one rule for you, one very sweet rule for them. As a part of SB637 (The Suction Dredge Bill) signed into law in January of 2016, it was mandated that the California Water Board (CAWB) study and evaluate whether permitting should be allowed in the state, and if so, the CAWB was tasked with creating a permitting structure. To them, so what if a suction dredge creates perfect fish habitat or that it removes 98% of the mercury from their drinking water. View Google Map Any gravity or siphon dredge used may not have an intake nozzle or hose that has an inside diameter exceeding four inches. I know electric and gas motors are not allowed. Here is the court`s decision. UPDATE AUGUST 2009: CA governor has approved new legislation banning all suction dredging within CA until a study is completed by the department of fish and game to determine if dredging is harmful to fish populations. 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. Make the regulations/permits so costly, so onerous, so confounding that people give up. PO Box 467 We find it a bit odd that right before the 10 year fight for suction dredging seems to be gaining some ground, this happens. We do not know, but due to the fact that they are following the EPA NPDES permitting structure, it is likely to be expensive. is gravity dredging legal in california +1 (760) 205-9936. I can see where some hack could interpret Mechanized to mean anything that gives a man a mechanical advantage..shovels,levers, bars, pans, etc. If you havent renewed your membership lately, you can do so on our new website: They've passed laws which explicitly exclude them from any liabilities from their actions. What is highly likely as a result of Allen putting the CAWB evaluation into the bill was, Allen thought they would toe the political line and have the same ideology he and his enviro buddies have shut it down. There will be no site specific studies required for any permits. They have an unlimited bank roll of money in your tax payer dollars to defend whatever actions they create against us. 33-Z, p. Its all a scam. The use of vacuum or suction dredge equipment, otherwise known as suction dredging, is currently prohibited and unlawful throughout California. There are no seasons imposed upon the other types of surface mining activity. They stated you can still pan. High bankers, water pumps, track wheel chairs, trucks and even sluice boxes. 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. Do studies have to be done for the creek I want to dredge? The use of vacuum or suction dredge equipment, otherwise known as suction dredging, is currently prohibited and unlawful throughout California. This is precisely what the CAWB scientists and those tasked with this project did. Cr. All the meetings that I have been in on CA Suction dredging with DFW. (Stats. There is always someone who develops a new way of doing things. We encourage you to watch this page concerning suction dredge seasons in the coming weeks as the situation develops. Thank you, Gravity!" Anne-Marie E. Sargent. It also does not affect our group weekend projects. (Stats. Notice Register 2014, No. The politicians understand one thingthey cannot continue to piss off their constituents (those in their districts) and get re-elected. 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. We are including a link to the closed rivers, streams and areas in the state, and it will astound you as it did us. It was all pure politics and science was ignored. (Stats. 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. Unregulated suction dredge activity is unacceptable on New 49er properties. We pointed out that this morphing of language was illegal, immoral and adversely affected 10s of thousands of people. Reg. The updated regulations are the first comprehensive update of CDFWs suction dredging regulations since 1994. We march from the Capital right over to the California Water Board just 4 blocks away. 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 new law, commonly referred to as Senate Bill or SB 637 (Allen), amends Fish and Game Code section 5653 and adds section 13172.5 to the Water Code. 2020 Reinke Mining Adventures & Services Inc. All rights reserved. To quote one of the Senators, they didnt see that support coming. That's the only word I have to describe the GPAA leadershipPathetic. Mar 19, 2012. elizabeth ortiz facebook; impington sports centre; audi e tron gt puissance; sewing classes chicago park district; is gravity dredging legal in california. P.O. So literally right before going public, they had 2/3s of their staff gone from the department. Price: $ 39.95. People were cited, their equipment confiscated and fines were paid. There are no after season, nor continual season reporting requirements like DFG proposed in 2012 like keeping a diary and all that nonsense. Several major conservative natural resource groups supported our arguments in the California Supreme Court. 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. (c)(1).). Sound familiar? 39, 7. Its all a scam. Tom. Reg. What`s interesting about these weekend projects is that they generate a lot of new ideas and innovations. 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 should take no more than 3 or 4 weeks for the permit, but we are going to see if this can be sped up like the Ag permits farmers obtain routinely and rapidly. I was literally hours from selling it for $4000.00 and to abandon any hope of ever mining again. You see, at the time, they knew how beneficial dredging was to our waterways, now it`s a program. In general, SB 637 amends Fish and Game Code section 5653 as follows: In general, Water Code section 13172.5, added by SB 637: Information regarding state and federal water quality permitting requirements, and related action by the State Water Resources Control Board, the Regional Water Quality Control Boards, and the U.S. Army Corps of Engineers is available at the following links: The California Department of Fish and Wildlife, formerly the Department of Fish and Game, has been a named defendant or respondent in various lawsuits related to suction dredging in California since 2005. hand powered and gravity is still in the game . 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. Surprisingly to them, that did not happen. We will be at the GPAA Gold and Treasure show this weekend in Charlotte, NC. 641.) PLP believes that after a year or two it could be possible to modify this CA Suction Dredge Guide for application in other states such as Oregon, Washington and Idaho. Be part of the winning team! General information regarding the ongoing litigation concerning suction dredging in California is available by case number at: www.courts.ca.gov. Notice Register 2012, No. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); American Mining Rights Assoc. Seize and prosecute. Well be addressing this idea at a later date, but sooner rather than later. Will I need to get a DFG permit like we did in 2009 in addition to the CAWB permit? 1034-1035.) What they concluded was dredging was deminimus, meaning it doesnt harm fish or fish habitat. Easy to build. But gravity dredges are ok. How is it that other states dredge to create fish habitat, but California thinks it kills fish? So I decided to try my hand at this using a different concept with 100 ft. of 3' corrugated plastic pipe necked down to 11/2" at the bottom to make head and ai11/4" suction hose .At first I used a sluice then a bucket dumping into a sluice and last converting an old high banker into a stream banker by opening up the end. 22 et seq.) The end result of the Courts Ruling and Order is that California Fish & Game Code 5653.1, and the 2012 Regulations promulgated thereunder by the Department of Fish & Wildlife (DF&W,) are declared unconstitutional, as being preempted by the Federal mining laws. We are going to obtain this in writing shortly and you have our sincere promise that we will be working with them daily if necessary. An appeal stemming from those proceedings is pending in Division Two of the Fourth Appellate District. 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. www.publiclandsforthepeople.org. Are gravity knives considered automatic knives? A singular case, illustrative of this subject, occurred in Louisiana. Let us know what is happening in your neck of the woods. Very grateful!!! It may not display this or other websites correctly. CDFW adopted the amended regulatory definition of suction dredging through a regular noticed rulemaking action under the Administrative Procedure Act (Gov. Rich Krimm and John Rose continue to oversee excavation work on these projects. 33-Z, p. Coulterville CA 95311- Select Post; Deselect Post; Link to Post; Member. The use of vacuum or suction dredge equipment, otherwise known as suction dredging, is currently prohibited and unlawful throughout California. We were told some of these folks left for other jobs, what we are hearing from our insiders is a bit different. (Cal. Youd have your equipment confiscated, youd be fined and youd be dragged through the California court system and found guilty based on the current language. We cant win anything without the support of thousands of individuals. Afraid of the legal repercussions to dredge for reclamation purposes? Science should prevail, not emotion or how someone feels it might, may, could or potentially impact a waterway. Some of the add-ons on this site are powered by. We believe strongly since this is incidental fallback, like a dredge, it adds nothing and does not cause any adverse impacts on California waterways. As a part of SB637 (The Suction Dredge Bill) signed into law in January of 2016, it was mandated that the California Water Board (CAWB) study and evaluate whether permitting should be allowed in the state, and if so, the CAWB was tasked with creating a permitting structure. Initial Study and Notice of Preparation (PDF), Appendix E. Comparison of Suction Dredge Mining Regulations in the United States (PDF), Appendix F. Suction Dredge Survey and Summary of Results (PDF), Appendix G. Public Advisory Committee Meeting Summaries (PDF), Appendix H. Socioeconomic Report on Regulatory Amendments (PDF), Appendix I. Descriptions of Habitat Types Likely to Occur in or Adjacent to Proposed Program Activities (PDF), Appendix K. Detailed Life History Descriptions for, Appendix L. Species-Based Restrictions on Proposed Program Activities (PDF), Appendix M. Management of Invasive Species (PDF). Under the new regulations, the use of vacuum or suction dredging equipment is generally defined as the use of an extraction system to extract material from a river, stream or lake for mineral extraction. License and Revenue Branch Also, gravity dredging is legal in California because it is not motorized, right? Notice Register 2013, No. View Google Map So it looks like California`s suction gold excavator rights will remain in limbo until the California Supreme Court intervenes. 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. (Cal. I tore the fish and game regs. Over the past week we have been in meetings, had calls and emails too numerous to list asking questions we know youd be asking because hell, they are what we would want to know as we are miners through and through like many of you. It does not have anything to do with the other types of prospecting or mining that we do in California. Subscribe now to get the lates news and updates from PLP! We would like to meet you and of course say Hi to old friends. License and Revenue Branch In his Decision, Judge Ochoa ruled that both the Moratorium and the 2012 suction dredge regulations are unconstitutional. We told them dont take our word for it, look at the studies, the science, the facts and then make an objective determination based on that. In addition we have identified some fantastic suction dredging opportunities for our members in Southern Oregon. Because I'm 100% sure that the GPAA leadership will say nothing about itDo nothing about itAnd post nothing about it as usual. But most of all, our AMRA staff. Well TomIt's up to you and I and the few folks here who care about itTo actually do something about it. Join/Donate | Public Lands For The People, The Original. 1461.). 14, 228, 228.5; Cal. By order of the Judicial Council of California, various ongoing civil proceedings are coordinated in San Bernardino County Superior Court. In general, SB 637 amends Fish and Game Code section 5653 as follows: In general, Water Code section 13172.5, added by SB 637: Information regarding state and federal water quality permitting requirements, and related action by the State Water Resources Control Board, the Regional Water Quality Control Boards, and the U.S. Army Corps of Engineers is available at the following links: The California Department of Fish and Wildlife, formerly the Department of Fish and Game, has been a named defendant or respondent in various lawsuits related to suction dredging in California since 2005. We are pretty sure if you are like us, youre fed up with over-regulation, dishonest politicians, state agencies delaying their duties under the law and environmental groups having way too much say in what we are told are our fundamental rights as mining claim owners. CDFW adopted the amended regulatory definition of suction dredging through a regular noticed rulemaking action under the Administrative Procedure Act (Gov. of mercury missing in ca. The matter is fully briefed and the parties, including the People of the State of California represented by the California Attorney General, await further notice from the Court. We first of all want to thank Senator Stone and our small mining community for showing up, making calls, sending letters and getting the heck off their butts and being heard, it made the difference. Well, it is because this is all political and not scientific (like you guys didnt know that). I talk with Jeff from time to time and find him to be one of the most honest and knowledgable miners around! Steel Pan Junior Member. Their Board of Directors voted unanimously it is deminimus (no harm). 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. 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. . a lot of material fell off the bank into the creek so you could also shovel into the banker. JCPDS4720.) The new law, commonly referred to as Senate Bill or SB 637 (Allen), amends Fish and Game Code section 5653 and adds section 13172.5 to the Water Code. Key documents from CDFWs 2012 and 2014 environmental review and rulemaking efforts are available below, scrolling further down this webpage. (a).) How would you like a new Proline 4 dredge for a dollar. Fish and Game Code Section 5653, Appendix B. JavaScript is disabled. 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. General information regarding the ongoing litigation concerning suction dredging in California is available by case number at: www.courts.ca.gov. Code Regs., tit. After sucking up material for a while, place a wide tray, bucket or large gold pan at the end of the sluice. Give Gift; Back to Top; Post by Steel Pan on May 20, 2010 7:54:18 GMT -5. (Cal. I know, I grew up there and most of my friends were timber fallers and worked for logging companies. 641.) Box 100, Sacramento, CA 95812-2000. 3. (a).). Therefore, since that was really all they left us with, we made that argument, which was quite compelling that this is a ban and an illegal prohibition on small scale mining. 19-Z, p. (Id., 5653.1. Dec 5, 2010 1,702 1,477. Four-inch Proline excavator: Rod Schultz of Wichita, KS We had already developed the gravity extraction method on the previous project, so setting up the project was quite routine. ), 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. (Suction Dredge Mining Cases, Super. 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. Notice Register 2014, No. The violation of the grave, by taking up the dead body, or stealing the coffin or grave clothes, is a misdemeanor at common law. Even if there are no more political or staffing interruptions, it is highly unlikely any permitting will be available in 2019. According to the web page of the California Supreme Court, the case presents the following issue: Does the Mining Act of 1872 (30 U.S.C. In fact, Derek was on the other side of the river with a sucking dredge. After a half dozen public comment meetings all up and down the state after the bill was passed, the CAWB took the data WMA, AMRA and many others provided them on the science surrounding dredging at every one of these meetings, they then sat down to see if it was deleterious to fish and fish habitat. We are winning and plan on finishing strong! I just joined AMRA (thanks to Jeff at Proline). on. 28-Z, pp. CDFW amended the regulatory definition of suction dredging as an emergency action effective June 28, 2013. 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. Even once the dredge is brought in, the dredger will sample around in the River to find good gold bearing deposits and pay streaks that can be worked profitably with a dredge. Copyright 2023 Public Lands For The People. In other words, you can do them at any time of the year. However, Senate Bill 637 which became effective on January 1, 2016 has amended section 5653 of the Fish and Game Code and added section 13172.5 of the California Water Code to provide a . Posts: 80 Gravity dredge and sluice May 20, 2010 7:54:18 GMT -5 . Great idea, that should annoy the BLM & USFS & the Fish & Game nut cases. Will it be thousands? (In re Suction Dredge Mining Cases, No. support@americanminingrights.com Not only has it responded to each recent review albeit with a form response Gravity Lending is one of the few matching services I . (In re Suction Dredge Mining Cases, No. This information will be made available for everyone. The matter is fully briefed and the parties, including the People of the State of California represented by the California Attorney General, await further notice from the Court. What specific rivers/waterways will have a season, although it appears as it is exactly like it was in 2009. Learn to dredge legally without permits and without fear for the purpose of reclamation! 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)? Restore Liberty to Build Sustainable Mobility Networks, Copyright 2023 Post Roads Mins WordPress theme by, Government of Pakistan Ministry of Law and Justice Jobs November 2020. 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. Fantastic job, and you couldnt expect a better outcome. Chapter 2 - Comments Received on the Draft SEIR, Chapter 3 - Suction Dredge Regulations and Comment Responses, Chapter 5 - Changes and Corrections to the EIR, Comment Letters (organized by date received in 2011). 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. Other Statutory Considerations (PDF), Appendix A.. 1 Russ. 2012, ch. We attended and presented (on your behalf) at every one of the public hearings with the CAWB when the permitting was being discussed and we produced a pretty compelling video of the Department of Fish and Game (DFG) actively suction dredging in other states to create fish habitat. The way I have interpreted what the rules are is no dredging by any means as it may stir up nutrients that the fish would likely eat and enjoy and you as the dredger might steal what the Govt. The updated regulations are the first comprehensive update of CDFWs suction dredging regulations since 1994. Folks, this is serious stuff here. (People v. Rinehart, No. 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.. It would be nice to know when we turn around and look behind us that there are 100,000 small miners also willing to defend the girl. 2. Now they just watch their forests burn. Of course, the more paid dirt we deal with, the more gold we will recover. 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. The New 49er Legal Fundwas first in and remains on the front line of the battle after all these years. So what happened is they didnt take Craigs word for what the outcome was on all these studies, they pulled the raw data and then over the next year, AMRA worked with them on a permitting structure and we did this quietly and behind the scenes.