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As a result of extensive litigation, we managed to finally get the Moratoriumoverturnedin the Third Appellate Court. Unfortunately I just received this update in my email today. 2.Enjoining the enforcement of the 2012 Regulations promulgated pursuant to 5653.1 of the Fish & Game Code; and 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. Some of the add-ons on this site are powered by. Join or renew today to know how to effectively and professionally counter the agencies while making Prospecting, Mining and Reclamation Great Again! 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. 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. (Cal. 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. As part of the effort, CDFW also prepared and certified a Subsequent Environmental Impact Report (SEIR) consistent with the California Environmental Quality Act (CEQA). Related litigation is also pending before the California Supreme Court. Reg. Any gravity or siphon dredge used may not have an intake nozzle or hose that has an inside diameter exceeding four inches. (916) 928-5805 | LRB@wildlife.ca.gov, required report to the California Legislature (PDF), Access California Fish and Game Code and CDFWs regulations, Notice of Public Hearing, Section 228 (a) Suction Dredging Definition (PDF), Text of Specific Regulatory Language to be Amended (PDF), Economic and Fiscal Impact Statement (STD 399) (PDF Form), OAL Approved Form 400 (August 4, 2014) (PDF), Approved Regulatory Text (August 4, 2014) (PDF), Final Adopted Regulations Approved by the Office of Administrative Law (PDF), Final Adopted Regulations (underline/strikeout version) (PDF), Office of Administrative Law Notice of Approval of Regulatory Action (PDF), Title Page, Table of Contents and Chapters 1, 2 and 3 (PDF), Chapter 4 - Responses to DSEIR Comments (PDF), List of Individuals Submitting Generic Form Letters (PDF), Cross-Reference of Responses to Individual Comments (PDF), Cross-Reference of Responses to Comments Provided at Public Meetings (PDF), Cross-Reference of Responses to Form Letters and Variants (PDF), Chapter 4.1 Hydrology and Geomorphology (PDF), Chapter 4.2. Wow just two comments here!! 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. 680, 2-3.) The regs are intenionally open to interpretation and the obvious intent was to "be vague, sieze and prosecute" any form of mining save hands and pans. 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. It also does not affect our group weekend projects. As I stood there and watched, the two DFW guards came in their patrol car. Sound familiar? Hazards and Hazardous Materials (PDF), Figure 4.4-1 Fire Hazard Severity Zones in State Responsibility Areas (PDF), Figure 4.4-2 Fire Hazard Severity Zones in Local Responsibility Areas (PDF), Figure 4.4-3 Fire Hazard Severity Zones in State Responsibility Areas in Yuba County (PDF), Figure 4.4-4 Fire Hazard Severity Zones in Local Responsibility Areas in Yuba County (PDF), Chapter 4.9. CDFW amended the regulatory definition of suction dredging as an emergency action effective June 28, 2013. The 2012 Department of Fish and Wildlife (DFW) regulations. They are now moving to dredging stirs mercury, even though dredging with a standard Keene or Proline shovel removes 97% of mercury from rivers and streams. Here is a link to a summary provided by our lawyer. Keep up the hard work. All the meetings that I have been in on CA Suction dredging with DFW. The U.S. Supreme Court rejected a challenge Monday to California's ban on suction-dredge mining for gold, a technique that extracts minerals from riverbeds while dumping residue that can. CAWB listened and while ultimately it was their decision on what permitting structure to go with, it is nothing like we feared. Copyright 2023 Public Lands For The People. Steel Pan Junior Member. P.O. (c)(1).). 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. 1034-1035.) 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. 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. Via email: commentletters@waterboards.ca.gov. View Google Map Notice Register 2014, No. To them, so what if a suction dredge creates perfect fish habitat or that it removes 98% of the mercury from their drinking water. 641.) a lot of material fell off the bank into the creek so you could also shovel into the banker. There are a few things still unanswered like: Are there restrictions on sizes of dredges and motors. (Cal. is gravity dredging legal in california +1 (760) 205-9936. Fish and Game Code Section 5653, Appendix B. They have a calculation where the permit structure needs to be 110% of the cost to do the permits so it shouldnt be that much. Cost: It is not going to be $2000 like someone posted on FB, that is incorrect. Thanks again to GPAA for their steadfast support of PLP through this long legal battle. Oh, by the way, they also claim that they are going to throw the gold into the river since it is not poison.. Box 944209, Sacramento, CA 94244-2090 | Sales Offices (Cal. 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. AMRA will be discussing this live all weekend at out outing near Groveland CA, its open to the public and its free. 2020 Reinke Mining Adventures & Services Inc. All rights reserved. These are incredibly restrictive and onerous. ---MembershipDonationClaimsSend us a link/News articleGeneral Inquiry. What specific rivers/waterways will have a season, although it appears as it is exactly like it was in 2009. (Stats. shannonp@americanminingrights.com, Copyright 2021 American Mining Rights Association, The long awaited post about Suction Dredging in California. Subscribe now to get the lates news and updates from PLP! Federal law defines a gravity knife as one that opens by operation of inertia, gravity or both. is gravity dredging legal in california. 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. Why does it take this long, well this whole process was in fact ready to go last summer and the permitting structure was created, written and was ready for public comment, then the Director of the Water Board was replaced. When the lawsuit last year was settled by PLP, WMA and a few others, this locked the California miners into these regulations. 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. Big hose reduction before the suck hose is the biggie-a 4" hose runs a 2 1/2 . Code Regs., tit. hasn't gotten their hands on yet in the rivers. It takes a fraction of the time compared to our prior process. So the CAWB didnt toe the political line as some expected. Reg. 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. One person cannot change the world, he or she can only lead the way. That is Awesome news. The New 49'ers Legal Fund. "I'm proud to be a client of Gravity Legal and Gravity . Come to court in support if you can. We could include many other studies by biologists, scientists and peer-reviewed professionals, but you get the point. 5 out of 5 stars, based on 1,117 customer reviews. 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. You MUST be heard. 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. We will also be covering this in detail at our annual dinner in Chino CA June 2nd, see our website for details or the post below for the outing directions and times. 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. station 19 fanfiction maya injured; morgan bay boats for sale; camden football fight; razer kraken v2 randomly disconnects; ark magmasaur fertilized egg spawn command; DFW has instructed all DFW LEO's as to what is and is not covered under the new law. can general dentists do bone grafts; apple tartlets with pillsbury pie crust; what bulbs will squirrels not eat; Anti-mining activists challenged the new regulations as not restrictive enough. Simply put.Dredging is coming back to California Spring of next year. The use of vacuum or suction dredge equipment, otherwise known as suction dredging, is currently prohibited and unlawful throughout California. 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. What the Miners now seek is the practical mechanism by which this Courts Ruling and Order is implemented in reality, so that the purpose and objectives of the Federal mining laws can again become a living and practical presence in their lives. Link to DFW river restrictions is included here: A few weeks ago we posted links, a narrative and phone numbers for Senators who needed to hear from you on this whole process. The politicians and courts didnt give us much to trust in their words. 414. You must log in or register to reply here. 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. 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. They have an unlimited bank roll of money in your tax payer dollars to defend whatever actions they create against us. View Google Map We will be at the GPAA Gold and Treasure show this weekend in Charlotte, NC. 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. 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. Be part of the winning team! 19-Z, p. The updated regulations are the first comprehensive update of CDFWs suction dredging regulations since 1994. Gold Mining Sampling and Consulting Services. (Fish & G. Code, 5653.1, subd. 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. Let that sink in for a minute.other states are dredging to create fish habitat. (Fish & G. Code, 5653, subd. 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. A place where a dead body is interred. This is really stupid. The officers were polite and warm. (c)(1).). Several major conservative natural resource groups supported our arguments in the California Supreme Court. We do not know, but due to the fact that they are following the EPA NPDES permitting structure, it is likely to be expensive. Jan 10, 2015 873 . I got off the phone and 1) immediately joined AMRA 2) called that guy back and told him to go buy the new revised model of the 4 inch dredge from Proline because the extra money was well worth it! i am not saying anything is FACT!! The regulations as approved by the Office of Administrative Law (OAL) and filed with the Secretary of State took effect consistent with the Administrative Procedure Act (APA) on April 27, 2012. I guess classic cars probably developed this method of mining at the turn of the century. We know youll have questions, and if we can answer them, we will, if we cannot, we will get them. Folks, this is serious stuff here. shannonp@americanminingrights.com, American Mining Rights Association It would be close to impossible for them to back out of this without some severe exposure to a lawsuit.and bring one we would on your behalf. As the PLP membership has already been informed, on January 12, 2015, the Honorable Gilbert G. Ochoa, Judge of the Superior Court, San Bernardino County, issued a Ruling which, in effect, granted PLPs motions for summary adjudication regarding Federal preemption as to the States prohibition on suction dredge mining and the 2012 Suction Dredge Mining Regulations (2012 Regulations) promulgated thereunder. In researching that path, we made a rather significant breakthrough. (Stats. Was this politics? Sad isn't it? 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. Anyway I never heard of AMRA until Jeff told about me what was going on in the Senate and the CAWB! Individuals engaged or interested in otherwise lawful instream mining should be aware that other environmental laws may apply to these various other mining practices. Reg. (Suction Dredge Mining Cases, Super. How would you like a new Proline 4 dredge for a dollar? There will be no site specific studies required for any permits. I had given up all hope and listed my brand new 4inch Proline(never used) that I have been sitting on for 5 years. 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. PO Box 467 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. Learn to dredge legally without permits and without fear for the purpose of reclamation! You have made this happen by consistently contributing over the years. 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. Hello Friends, We are winning and plan on finishing strong! We believe strongly since this is incidental fallback, like a dredge, it adds nothing and does not cause any adverse impacts on California waterways. 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. That's the only word I have to describe the GPAA leadershipPathetic. Easy to build. This opens up a giant can of worms for the club or association. H. Hefty1 Bronze Member. (People v. Rinehart, No. As always, thank you for the update, as well as for everything you do. (Cal. In fact, Derek was on the other side of the river with a sucking dredge. SB637 morphed into a defacto prohibition on mining as it then labeled all things as suction dredges. Afraid of the legal repercussions to dredge for reclamation purposes? Join/Donate | Public Lands For The People. 2015, ch. That is not just unacceptable, it is in violation of the law and we made sure they knew that. As the Court explained: the States extraordinary scheme of requiring permits and then refusing to issue them whether and/or being unable to issue permits for years, stands as an obstacle to the accomplishment of the full purposes and objectives of Congress under Granite Rock and a de facto ban.. Other Statutory Considerations (PDF), Appendix A.. Notice Register 2013, No. In addition we have identified some fantastic suction dredging opportunities for our members in Southern Oregon. There is 23 1/2 million ibs. ), effective August 4, 2014. (People v. Rinehart, No. Another fact is that there will only be 1500 permits issued and most of them have been issued to the phony mercury cleanup firms and the big dredgers cleaning harbors and such, the little guy doesn't have a chance. Just ask the loggers in Oregon how the spotted owl impacted their industry. ), CDFW regulations governing its suction dredge permitting program are found in the California Code of Regulations, Title 14, sections 228 and 228.5. (a).) Subscribe now to get the lates news and updates from PLP! Dear Water Board Members: I strongly support the Water Board's provision in the draft National Pollutant Discharge Elimination System (NPDES) General Permit for . completely legal even in the non motorized areas and just drives them crazy. Great idea, that should annoy the BLM & USFS & the Fish & Game nut cases. PO Box 467 Science should prevail, not emotion or how someone feels it might, may, could or potentially impact a waterway. 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. You may recall that California`s third appellate court ruled unanimously in favor of vacuum shovels in Rinehart. Latest Dredging Legal News MAY 28th, 2015. 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. Notice Register 2013, No. 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. 39, 7. 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. 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. 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. is gravity dredging legal in california. We find it a bit odd that right before the 10 year fight for suction dredging seems to be gaining some ground, this happens. If we were to organize something like this peaceful protest, we would want over 1000 people to show up. Home; Categories. Thank you. There is no limit to the size or frequency of your entries or the number of prizes you can win. 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.. 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? Last year PLP released its strategy for a path for legally re-starting suction dredging in 2021. If you cant be there in person, support us online. I just joined AMRA (thanks to Jeff at Proline). Notice Register 2012, No. How is it that other states dredge to create fish habitat, but California thinks it kills fish? 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. 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. 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. I am merely making a point..that was in favor of miners. So it looks like California`s suction gold excavator rights will remain in limbo until the California Supreme Court intervenes. What`s interesting about these weekend projects is that they generate a lot of new ideas and innovations. That state and federal agencies ignore us, our voices and our rights should not surprise anyone by now. 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. shannonp@americanminingrights.com, American Mining Rights Association Attn: Ms. Jeanine Townsend, Clerk of the Board. 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. 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. How is dredging used to find gold nuggets? (a).). It may not display this or other websites correctly. Customer reviews verified as of. DFG will be the enforcement arm and will be the agency tasked with checking for permits like we all remember.although in decades of dredging with a permit, I never once got checked. E064087.). 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; General information regarding the ongoing litigation concerning suction dredging in California is available by case number at: www.courts.ca.gov. 33-Z, p. Our rural communities are dying from many things; lack of tens of millions spent yearly by the small mining community and dredgers for 10 straight years, over-regulation, forest mis-management and forest fires, the highest taxes in the country and an ideology which truly confounds reality. Cr. 27 Davis Road, Happy Camp, California 96039. 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 . No, it is clear they do not. In his Decision, Judge Ochoa ruled that both the Moratorium and the 2012 suction dredge regulations are unconstitutional. We encourage you to watch this page concerning suction dredge seasons in the coming weeks as the situation develops. An appeal stemming from those proceedings is pending in Division Two of the Fourth Appellate District. ), effective August 4, 2014. support@americanminingrights.com 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. California Penal Code Section 17235 states that folding knives are legal in the state if they are in the folded position. 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. 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. (See generally Fish & G. Code, 5653, 5653.1, 12000, subd. I'm glad he isupstream from us because he's sent plenty of fine gold and flakes our way. How many of you called? Keep up the great work. (Suction Dredge Mining Cases, Super. It has now been 10 years since we could legally suction dredge in California. Posts: 80 Gravity dredge and sluice May 20, 2010 7:54:18 GMT -5 . (In re Suction Dredge Mining Cases, No. The new Director, appointed by Governor Brown stopped all progress on the permits. Joey. The permit costs we expect to be around $200 or close to it. 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). PLP: FIGHTING TO TAKE IT BACK AND KEEP IT FOR TWENTY-FIVE YEARS! Our project assistants do a lot of prospecting themselves; Therefore, they always find a more efficient way to recover gold. 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. 641.) of mercury missing in ca. The Rinehart litigation stems from a criminal prosecution for unlawful suction dredging in 2012. 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. Learn how a Suction Nozzle works on a Gold Dredge. 680, 2-3.) Training, best practices, written rules, etc We are not overly fond of this. (Cal. 2015, ch. from the gold rush or thirty five %. But most of all, our AMRA staff. 641.) By order of the Judicial Council of California, various ongoing civil proceedings are coordinated in San Bernardino County Superior Court. Seize and prosecute. (Fish & G. Code, 5653, subd. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); American Mining Rights Assoc. As we pointed out in testimony at the Senate hearing on SB1222, panning is not, nor has it ever been a mining method. All Treasure Hunting. 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. www.publiclandsforthepeople.org. 19-Z, p. As you probably know, knowledge is power and a highly effective tool against your enemies who wish to deprive you of your rights! The politicians understand one thingthey cannot continue to piss off their constituents (those in their districts) and get re-elected. Im proud to be a member of the AMRA association. So good luck getting anything done GPAA membersIf you're going to wait for the GPAA to do something, it's going to be forever. Will I need to get a DFG permit like we did in 2009 in addition to the CAWB permit? In many cases, the first step in dredging is to remove the layer of overburden gravels which often cover the bedrock. 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 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.