Nothing to sell you. There are a few things still unanswered like: Are there restrictions on sizes of dredges and motors. Do we have to keep silly diaries and all the other documentation like what was proposed before? Select Post; Deselect Post; Link to Post; Member. You are using an out of date browser. 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. All Rights Reserved. There is 23 1/2 million ibs. However the CAWB has specifically stated they would like AMRA (Shannon Poe) to help them with the language and make sure the language does not encompass other equipment like the vague SB637. (In re Suction Dredge Mining Cases, No. By order of the Judicial Council of California, various ongoing civil proceedings are coordinated in San Bernardino County Superior Court. Keep up the hard work. Public Lands for the People (PLP) and Reinke Mining Adventures & Services are gearing up to demonstrate how to legally repurpose your dredge. 22 et seq.) (See generally Fish & G. Code, 5653, 5653.1, 12000, subd. This is precisely what the CAWB scientists and those tasked with this project did. About suction dredging in California: As all of you are probably aware, there is a moratorium on suction dredging in California. Thank you. Notice Register 2014, No. 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. Well be addressing this idea at a later date, but sooner rather than later. (Stats. 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. Notice Register 2012, No. 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. CDFW adopted the amended regulatory definition of suction dredging through a regular noticed rulemaking action under the Administrative Procedure Act (Gov. Afraid of the legal repercussions to dredge for reclamation purposes? 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. 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. Any gravity or siphon dredge used may not have an intake nozzle or hose that has an inside diameter exceeding four inches. Jan 10, 2015 873 . 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. No, it is clear they do not. 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. ), 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. (Cal. Also, gravity dredging is legal in California because it is not motorized, right? (Cal. Maybe it is time to think out of the box. 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. (c)(1).). Give Gift; Back to Top; Post by Steel Pan on May 20, 2010 7:54:18 GMT -5. 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 Water Resources Control Board. I approached and introduced myself as deputy director of internal affairs for The New 49`ers. 2012, ch. The exact cost, although we believe it will be a few hundred dollars at most, not the $2,000 circulating on the internet. PLP is preparing to release materials that the CA Water Quality Control Board and the CA Fish & Wildlife Service may not want you to know about. Back in August, 2009, the California legislature passed SB 670, which was the first ban on suction gold dredging in the state. California passed a law (signed by Brown in Jan 2016), SB637 and because of that and their right to reasonable regulation in the state, we must abide by it until things can either be reversed, or changed at the federal level. 2012, ch. In his Decision, Judge Ochoa ruled that both the Moratorium and the 2012 suction dredge regulations are unconstitutional. (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. Via email: commentletters@waterboards.ca.gov. Notice Register 2013, No. Generators to run lights in the desert at night, track wheelchairs for the disabled and we even know of one man who was told his truck aided in his mining activities and could be subject to confiscation. The Rinehart litigation stems from a criminal prosecution for unlawful suction dredging in 2012. Will I need to get a DFG permit like we did in 2009 in addition to the CAWB permit? Like the fight for our very Republic. How is it that other states dredge to create fish habitat, but California thinks it kills fish? There is always someone who develops a new way of doing things. We find it a bit odd that right before the 10 year fight for suction dredging seems to be gaining some ground, this happens. 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. Gold Mining Sampling and Consulting Services. 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 . Science should prevail, not emotion or how someone feels it might, may, could or potentially impact a waterway. Oh, by the way, they also claim that they are going to throw the gold into the river since it is not poison.. CDFW amended the regulatory definition of suction dredging as an emergency action effective June 28, 2013. 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. 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. Deep in the redwoods of the TRUE Northern CA, https://www.wildlife.ca.gov/Licensing/Suction-Dredge-Permits. 3. 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. 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. 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 . of mercury missing in ca. 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. Subscribe now to get the lates news and updates from PLP! 22 et seq.) shannonp@americanminingrights.com, Copyright 2021 American Mining Rights Association. Customer reviews verified as of. General information regarding the ongoing litigation concerning suction dredging in California is available by case number at: www.courts.ca.gov. Code, 11340 et seq. We believe strongly since this is incidental fallback, like a dredge, it adds nothing and does not cause any adverse impacts on California waterways. Specifically, the Miners ask this Court for the customary remedy in such circumstances; an injunction that is in substance permanent until it might be modified by the Court when and if DF&W devises a lawful and functioning permitting program. As I stood there and watched, the two DFW guards came in their patrol car. See additional related information. Subscribe now to get the lates news and updates from PLP! Kind of hard to say an airplane is a wheelbarrow just because both have wheels and that is precisely what the vague language in SB637 did. Its one rule for you, one very sweet rule for them. Under new state law effective January 1, . Im proud to be a member of the AMRA association. Copyright 2023 Public Lands For The People. On June 27, 2012, the State of California enacted Senate Bill 1018 (SB 1018), amending Fish and Game Code section 5653.1. 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. 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)? 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. Even if there are no more political or staffing interruptions, it is highly unlikely any permitting will be available in 2019. As you probably know, knowledge is power and a highly effective tool against your enemies who wish to deprive you of your rights! (Id., 5653.1. We are including a link to the closed rivers, streams and areas in the state, and it will astound you as it did us. Joey. This section and section 5653.1 do not apply to non-motorized recreational mining activities, including gold panning, prohibit or restrict them. The violation of the grave, by taking up the dead body, or stealing the coffin or grave clothes, is a misdemeanor at common law. Code, 11340 et seq. We pointed out that this morphing of language was illegal, immoral and adversely affected 10s of thousands of people. An appeal stemming from those proceedings is pending in Division Two of the Fourth Appellate District. Fish and Game Code Section 5653, Appendix B. H. Hefty1 Bronze Member. S222620.) 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. 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. Seize and prosecute. 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. Individuals engaged or interested in otherwise lawful instream mining should be aware that other environmental laws may apply to these various other mining practices. preempt California Fish and Game Code sections 5653 and 5653.1 with respect to the use of vacuum and suction dredging equipment? It is about their ideology, not facts, science, truth or even something as basic as common sense. (a).). 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. As part of the effort, CDFW also prepared and certified a Subsequent Environmental Impact Report (SEIR) consistent with the California Environmental Quality Act (CEQA). 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! Our researchers that helped to provide the winning arguments for PLP members in the federal Godfrey and Osterbrink CA state court decisions have decided its time to release to the public the fundamental reasons why those decisions were won in our favor when all other well-meaning miners have failed in court challenges. All Treasure Hunting. We view this new restriction as completely unnecessary and based on seriously flawed information provided by biased sources. Standing 31 years strong for Multiple Use on Public Land RIGHTS. Meanwhile, just in case you do not know, this new law only stops suction dredging within Californias active waterways. 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. Well TomIt's up to you and I and the few folks here who care about itTo actually do something about it. 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. We believe the sponsors of SB637, Izzy Martin and the enviro group The . Reg. For a better experience, please enable JavaScript in your browser before proceeding. 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 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? is gravity dredging legal in california. They stated you can still pan. 3.Mandating the development of a permit program and regulations that do not stand as an obstacle to the full purposes and objectives of the Federal mining laws. I tore the fish and game regs. We could include many other studies by biologists, scientists and peer-reviewed professionals, but you get the point. 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. support@americanminingrights.com Simply put.Dredging is coming back to California Spring of next year. All legal entries received at our office after this draw will automatically generate tickets for the next New 49`ers Legal Fund draw. Then, those concerns must be addressed through implementation of regulations which are least-restrictive upon people and . How would you like a new Proline 4 dredge for a dollar. 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. Defines for the first time by statute what it means to use vacuum or suction dredge equipment, otherwise known as suction dredging, as 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; but also clarifying the definition does not apply to, prohibit, or otherwise restrict nonmotorized recreational mining activities, including panning for gold. 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. Reg. of mercury missing in ca. palmetto high school basketball 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. 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. Thanks again to GPAA for their steadfast support of PLP through this long legal battle. 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. Thank you, Gravity!" Anne-Marie E. Sargent. 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. That's the only word I have to describe the GPAA leadershipPathetic. 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. Pathetic. The substance of this path revolves around how the federal and state law defines pollutants and discharge along with the intended activity. This was passed predominantly by Liberal Democrats and was supposed to be “temporary” until they could determine if dredging is harmful to anadramous fish (salmon) and other aquatic species through the SEIR (supplemental environmental […] See below for legal details. The use of vacuum or suction dredge equipment, otherwise known as suction dredging, is currently prohibited and unlawful throughout California. Great idea, that should annoy the BLM & USFS & the Fish & Game nut cases. Come on guys WOO0 WHO0! Other Statutory Considerations (PDF), Appendix A.. AMRA will be discussing this live all weekend at out outing near Groveland CA, its open to the public and its free. We would like to say thanks once again to all of you who have stuck with us through the years, especially the last SIX PLUS YEARS fighting in the courts of California to restore our right to dredge and prospect on Federal Mining Claims. It is a final process, but not a mining method. shannonp@americanminingrights.com, American Mining Rights Association 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. 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 . Other Statutory Considerations (PDF), Appendix A.. Defines for the first time by statute what it means to use vacuum or suction dredge equipment, otherwise known as suction dredging, as 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; but also clarifying the definition does not apply to, prohibit, or otherwise restrict nonmotorized recreational mining activities, including panning for gold. Its all a scam. ), 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.
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