How would you like a new Proline 4 dredge for a dollar. I'm glad he isupstream from us because he's sent plenty of fine gold and flakes our way. There are lead weights, legacy mercury left by old time miners, and other non-native debris that are in our California waterways, and we aim to remove them legally! Reg. That state and federal agencies ignore us, our voices and our rights should not surprise anyone by now. P.O. Keep up the hard work. Tom. Jan 10, 2015 873 . I guess classic cars probably developed this method of mining at the turn of the century. . Cant dredge certain times of the day, some areas are completely eliminated, log books must be kept, cant dredge near a bank.on and on. (People v. Rinehart, No. On June 27, 2012, the State of California enacted Senate Bill 1018 (SB 1018), amending Fish and Game Code section 5653.1. (In re Suction Dredge Mining Cases, No. As I stood there and watched, the two DFW guards came in their patrol car. (Cal. Firstly, we know you are as skeptical as we are, after all, weve been told things over the past 9 years (like rulings from courts and such) which give us hope, but it always ended up being the same BS, delays, denials and shutdowns The small mining community donated millions to go to court, Brandon Rinehart was dragged through many court battles and that too we all donated to. Your excavator only collects 93% of the mercury, while ours collects many more. Copyright 2023 Public Lands For The People. Great idea, that should annoy the BLM & USFS & the Fish & Game nut cases. Let that sink in for a minute. If you cant be there in person, support us online. 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. The updated regulations are the first comprehensive update of CDFWs suction dredging regulations since 1994. See below for legal details. View Google Map That is not just unacceptable, it is in violation of the law and we made sure they knew that. The mining community challenged the new regulations as unreasonably restrictive. Notice Register 2014, No. 1461.). You may recall that California`s third appellate court ruled unanimously in favor of vacuum shovels in Rinehart. Reg. No compromise. i am not saying anything is FACT!! Its all a scam. I was literally hours from selling it for $4000.00 and to abandon any hope of ever mining again. California Fish and Game Code section 5653.1, subdivision (b) has statutorily prohibited the use of vacuum or suction dredge equipment in the state since 2009. PO Box 467 support@americanminingrights.com 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. Of course, the more paid dirt we deal with, the more gold we will recover. 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. The language in that bill was so vague, anything mechanized or motorized which aids in the processing of material is deemed a suction dredge and therefore subject to fines and the equipment can be confiscated. shannonp@americanminingrights.com, American Mining Rights Association (Stats. We would like to meet you and of course say Hi to old friends. Subscribe now to get the lates news and updates from PLP! The use of vacuum or suction dredge equipment, otherwise known as suction dredging, is currently prohibited and unlawful throughout California. Just ask the loggers in Oregon how the spotted owl impacted their industry. Learn to dredge legally without permits and without fear for the purpose of reclamation! If you havent renewed your membership lately, you can do so on our new website: So the CAWB didnt toe the political line as some expected. Back in August, 2009, the California legislature passed SB 670, which was the first ban on suction gold dredging in the state. 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. There is no limit to the size or frequency of your entries or the number of prizes you can win. 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. 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. All to no avail. The permit costs we expect to be around $200 or close to it. Thank you. Code Regs., tit. Coulterville CA 95311, support@americanminingrights.com 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? JavaScript is disabled. 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. This worked great and with all the tremors in ca. I feel like they were a little friendly and maybe a little embarrassed to be caught in the middle of a stupid fight over little vacuum shovels; and would have preferred to hunt poachers or real criminals. 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. PLP: FIGHTING TO TAKE IT BACK AND KEEP IT FOR TWENTY-FIVE YEARS! 414. 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. Sad isn't it? Regardless, Im not surprised in the least, and am definitely IN regarding the march/protest if given decent notice. is gravity dredging legal in california +1 (760) 205-9936. You must log in or register to reply here. 33-Z, p. It will be nearly impossible for the CAWB to pull back this acknowledgment that dredging WILL be permitted next year. 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. Standing 31 years strong for Multiple Use on Public Land RIGHTS. An appeal stemming from those proceedings is pending in Division Two of the Fourth Appellate District. Do we have to keep silly diaries and all the other documentation like what was proposed before? on. Thank you, Gravity!" Anne-Marie E. Sargent. We believe the sponsors of SB637, Izzy Martin and the enviro group The Sierra Fund, along with their Senator who brought the bill forward, Ben Allen, a Democrat from Hollywood believed the CAWB would toe the political line and just slow walk, or deny permits all along. Therefore we are hereby adopting these Emergency Rules for the duration of this period of uncertainty. Cost: It is not going to be $2000 like someone posted on FB, that is incorrect. (People v. Rinehart, No. These materials and guidelines are not only an effective deterrent from citation but a gold mine of legal research that has eluded many until now. 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. 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. 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. 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. License and Revenue Branch Unfortunately I just received this update in my email today. P.O. (See generally Fish & G. Code, 5653, 5653.1, 12000, subd. It may not display this or other websites correctly. 1) Participation in the Administrative Process: The EIR on suction dredging in California must be completed through a CEQA Process (California Environmental Quality Act); which, based upon best available science, requires the authorities to identify any important concerns. (Fish & G. Code, 5653.1, subd. 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. "I'm proud to be a client of Gravity Legal and Gravity . With the Moratorium and 2012 dredge regulations invalidated by the Court, it is difficult to assess which, if any, state regulations remain in effect, though federal rules and regulations do apply. California Water Resources Control Board. Some believe the state cannot regulate suction dredging and we agree to some degree here at AMRA, but what would happen if you dredged right now without the permit mandated by SB637? 641.) H. Hefty1 Bronze Member. How long will this take? 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)? (See generally Fish & G. Code, 5653, 5653.1, 12000, subd. Fish and Game Code Section 5653, Appendix B. CDFW adopted a comprehensive update of its suction dredge regulations effective April 27, 2012. To hell with the fact that there are numerous states in America and numerous agencies suction dredging to create fish habitat as our video showed them. Love all the work and appreciated every single one of you who participated in making this possible for all of us. We encourage you to watch this page concerning suction dredge seasons in the coming weeks as the situation develops. 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. 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. 22 et seq.) Coulterville CA 95311- The 2012 Department of Fish and Wildlife (DFW) regulations. I costs them nothing. (Id., 5653.1. Pathetic. I have hope again thank you AMRA! It's all on your dime to prove your innocence. Individuals engaged or interested in otherwise lawful instream mining should be aware that other environmental laws may apply to these various other mining practices. Maybe it is time to think out of the box. We are very pleased with the decision of the California Department of Fish and Wildlife to act quickly, said Leaf Hillman, director of natural resources for the Karuk tribe. 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. Notice Register 2013, No. That's the only word I have to describe the GPAA leadershipPathetic. 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. So as you can see, this is monumental. 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. A group of Oregon mining associations, corporations and individuals got together and hired James Buchal (the same lawyer who represented us and others) to challenge Oregon`s 5-year moratorium on suction dredges, which is set to go into effect in January 2016. The substance of this path revolves around how the federal and state law defines pollutants and discharge along with the intended activity. 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. At the same time, several prominent organizations and individuals opposed to resource development have spoken out against artisanal mining. Im proud to be a member of the AMRA association. In fact, Derek was on the other side of the river with a sucking dredge. California Code of Regulations (suction dredging). Please also be aware that those misusing the CA Suction Dredge Guide may run the risk of citation and dredge confiscation; including those that following individuals that promote the Army Corp 404 dredge discharge system while trying to replicate the CA Suction Dredge Guide. 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. We pointed out that this morphing of language was illegal, immoral and adversely affected 10s of thousands of people. All Treasure Hunting. I just joined AMRA (thanks to Jeff at Proline). 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. 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. Gravity Lending receives high ratings on both its Better Business Bureau (BBB) page and its Trustpilot page. Our office automatically generates a ticket on your behalf for every $10 legal contribution we receive ($100 generates 10 tickets). Key documents prepared by CDFW as part of its final action under CEQA and the APA are available here: The Draft and Final SEIR prepared and certified by CDFW for its Suction Dredge Permitting Program are available here: Questions to CDFW regarding suction dredging or otherwise lawful mining activities not prohibited by current law should be directed to the appropriate CDFW Regional Office. of mercury missing in ca. Dec 5, 2010 1,702 1,477. 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. thankfully where I go you would likely find bigfoot before you found me. The New 49'ers Legal Fund. Prohibits the Department from issuing any suction dredging permits absent a complete application which must include, among other things, a copy of any water quality permit or other authorization required by the State Water Resources Control Board or the relevant Regional Water Quality Control Board, or the U.S. Army Corps of Engineers, or a written determination by such agency that no water quality permit or other such authorization is necessary; Conditions Department issuance of permits on regulations implementing the section that must ensure the use of vacuum or suction dredge equipment will not cause any significant effects to fish and wildlife, as opposed to prior law which conditioned the issuance of permits on regulations ensuring suction dredging would not be deleterious to fish; Provides the Department with authority to adjust permit fees to an amount sufficient to cover all reasonable costs incurred by the Department to regulate suction dredging as provided by the Fish and Game Code; Directs the Department to work with the State Water Resources Control Board and the Regional Water Quality Control Boards regarding potential violations of requirements, conditions, or prohibitions governing the use of vacuum or suction dredge equipment; and. 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. Will it be thousands? Thanks to our PLP member and donor support, our trips to Washington D.C. have netted us an inside track to data on the environmental agencies that we are now prepared to release to our members. Training, best practices, written rules, etc We are not overly fond of this. 28-Z, pp. 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. This section and section 5653.1 do not apply to non-motorized recreational mining activities, including gold panning, prohibit or restrict them. 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. Join or renew today to know how to effectively and professionally counter the agencies while making Prospecting, Mining and Reclamation Great Again! Will I need to get a DFG permit like we did in 2009 in addition to the CAWB permit? 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. 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). 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. Here is a link to a summary provided by our lawyer. There is 23 1/2 million ibs. PLP is hopeful that the Court will grant their requested injunction against DF&W. I had given up all hope and listed my brand new 4inch Proline(never used) that I have been sitting on for 5 years. I approached and introduced myself as deputy director of internal affairs for The New 49`ers. It was all pure politics and science was ignored. This is what we call gravity extraction. This is a new method in modernity. All the meetings that I have been in on CA Suction dredging with DFW. 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. There is no restriction on the length of the knife's blade. 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. The politicians and courts didnt give us much to trust in their words. There is yet another fly in the soup here folks. Let that sink in for a minute.other states are dredging to create fish habitat. Without them, even if Brandon wins, we are likely to be stuck with the 2012 regulations until they are fully litigated, which could end us up in the very same place as a settlement degree before the start of next season. CDFW regulates suction dredging and the use of any related equipment in California pursuant to Fish and Game Code section 5653 specifically. 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. The beauty of this gravity extraction is that we don`t have to spend time and effort packing the very wide paid dirt. We will be demonstrating to the public how to responsibly, and legally, use a suction dredge for the purpose of reclamation. If you are diverting water from a riparian parcel for use on that parcel, you . (Cal. You have made this happen by consistently contributing over the years. CDFW amended the regulatory definition of suction dredging as an emergency action effective June 28, 2013. 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. Folks, this is serious stuff here. Here is the court`s decision. 2012, ch. For a complete description of the covered activities, eligibility requirements, and conditions, please see OAR 141-089-0820 through . 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. Its all a scam. 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. It's one rule for you, one very sweet rule for them. We believe dredging will be handled like it was prior to the moratorium in 2009, but do need this in writing before making a statement. 39, 7. I dredge multiple rivers, do I need a permit for each waterway? If we were to organize something like this peaceful protest, we would want over 1000 people to show up. 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. 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. All Rights Reserved. JCPDS4720.) 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. This is truly a great win for all gold miners! CAWB listened and while ultimately it was their decision on what permitting structure to go with, it is nothing like we feared. We do not know and as recently as last week, they still are not telling us, or anyone else. Easy to build. We were told some of these folks left for other jobs, what we are hearing from our insiders is a bit different. Reg. So it looks like California`s suction gold excavator rights will remain in limbo until the California Supreme Court intervenes. preempt California Fish and Game Code sections 5653 and 5653.1 with respect to the use of vacuum and suction dredging equipment? 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. But members who choose to dredge should be aware that they may be hassled by the authorities, and even face the possibility criminal prosecution. The legal arguments can be found here. of Fish & Wildlife, and the Forest Service to help give us that path to legally resume suction dredging in California. 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. Inspect for pickers or nuggets first, then carefully roll up the riffle matting or miner's moss and wash into the container at the end of .
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