They hate small scale mining and will do anything to shut it down. (In re Suction Dredge Mining Cases, No. California's ban on the use of suction dredges to extract gold from rivers is legal and not overridden by a 19th century federal law that allows mining on federal land, the California. Because I'm 100% sure that the GPAA leadership will say nothing about itDo nothing about itAnd post nothing about it as usual. In other words, you can do them at any time of the year. Wow just two comments here!! 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. Jan 10, 2015 873 . 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. In addition we have identified some fantastic suction dredging opportunities for our members in Southern Oregon. The safe is one of many methods for separating gold from dredged materials. shannonp@americanminingrights.com, Copyright 2021 American Mining Rights Association, The long awaited post about Suction Dredging in California. This is truly a great win for all gold miners! 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. Most questions we can answer now, some we cannot answer until late June when we have some formal meetings with the Director of the CAWB and a few Senators, but we are in fact going to be dredging next spring. There is 23 1/2 million ibs. They found suction dredging deminimus and determined it should be permitted. The substance of this path revolves around how the federal and state law defines pollutants and discharge along with the intended activity. You MUST participate. Unregulated suction dredge activity is unacceptable on New 49er properties. 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. In his Decision, Judge Ochoa ruled that both the Moratorium and the 2012 suction dredge regulations are unconstitutional. Quote. Now they just watch their forests burn. #6. 1034-1035.) Code, 11340 et seq. License and Revenue Branch 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. (Suction Dredge Mining Cases, Super. Due to limited space, this event will be open to only RGM Mining Group members and/or PLP members., but worry not. Last year PLP released its strategy for a path for legally re-starting suction dredging in 2021. Well, it is because this is all political and not scientific (like you guys didnt know that). Give Gift; Back to Top; Post by Steel Pan on May 20, 2010 7:54:18 GMT -5. Box 100, Sacramento, CA 95812-2000. Latest Dredging Legal News MAY 28th, 2015. Under new state law effective January 1, . ), effective August 4, 2014. (a).). Our office automatically generates a ticket on your behalf for every $10 legal contribution we receive ($100 generates 10 tickets). Period. (Stats. A singular case, illustrative of this subject, occurred in Louisiana. As always, thank you for the update, as well as for everything you do. On June 27, 2012, the State of California enacted Senate Bill 1018 (SB 1018), amending Fish and Game Code section 5653.1. So it looks like California`s suction gold excavator rights will remain in limbo until the California Supreme Court intervenes. 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 . 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. Reg. We find it a bit odd that right before the 10 year fight for suction dredging seems to be gaining some ground, this happens. Here is a link to a summary provided by our lawyer. I was literally hours from selling it for $4000.00 and to abandon any hope of ever mining again. Let us know what is happening in your neck of the woods. 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. As we pointed out in testimony at the Senate hearing on SB1222, panning is not, nor has it ever been a mining method. Keep up the great work. Like the fight for our very Republic. Sad isn't it? 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. 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. Via email: commentletters@waterboards.ca.gov. CAWB objectively evaluated the process of small scale suction dredging and determined yes, in fact it should be permitted so when they started leaking this very thing, politics (we believe) likely came forward and stopped them from going public with their proposal to permit the activity. hasn't gotten their hands on yet in the rivers. How would you like a new Proline 4 dredge for a dollar. 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. Keep up the hard work. There are a few things still unanswered like: Are there restrictions on sizes of dredges and motors. 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. California Code of Regulations (suction dredging). You must log in or register to reply here. Several major conservative natural resource groups supported our arguments in the California Supreme Court. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); American Mining Rights Assoc. How is dredging used to find gold nuggets? It is like stepping up to a group of bullies who are picking on a 12 year old girl. Many turned to drugs, alcohol and most of my rural towns dried up from the destruction of a renewable resource because of an owl. I'm glad he isupstream from us because he's sent plenty of fine gold and flakes our way. High bankers, water pumps, track wheel chairs, trucks and even sluice boxes. 641.) 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. 2020 Reinke Mining Adventures & Services Inc. All rights reserved. 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. Notice Register 2012, No. 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. The California Supreme Court has sinceconsented to Reviewthe Third Appellates unanimous Decision. 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. There is 23 1/2 million ibs. You may recall that California`s third appellate court ruled unanimously in favor of vacuum shovels in Rinehart. Therefore we are hereby adopting these Emergency Rules for the duration of this period of uncertainty. Customer reviews verified as of. 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. i am not saying anything is FACT!! We would like to meet you and of course say Hi to old friends. In fact, Derek was on the other side of the river with a sucking dredge. But members who choose to dredge should be aware that they may be hassled by the authorities, and even face the possibility criminal prosecution. Notice Register 2012, No. support@americanminingrights.com Nothing to sell you. (People v. Rinehart, No. As a result of extensive litigation, we managed to finally get the Moratoriumoverturnedin the Third Appellate Court. Price: $ 39.95. Other Statutory Considerations (PDF), Appendix A.. PO Box 467 Afraid of the legal repercussions to dredge for reclamation purposes? 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. We cant win anything without the support of thousands of individuals. Theyve passed laws which explicitly exclude them from any liabilities from their actions. Do we have to keep silly diaries and all the other documentation like what was proposed before? 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. Meanwhile, just in case you do not know, this new law only stops suction dredging within Californias active waterways. 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. 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. Even if there are no more political or staffing interruptions, it is highly unlikely any permitting will be available in 2019. Hello Friends, Soooooooo Kevin is wrongIt does workHe or they (GPAA leadership) wont do it. 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. All Rights Reserved. H. Hefty1 Bronze Member. Transportation and Traffic (PDF), Chapter 5. JCPDS4720.) 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. There will be no site specific studies required for any permits. 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. You are using an out of date browser. Our project assistants do a lot of prospecting themselves; Therefore, they always find a more efficient way to recover gold. It's one rule for you, one very sweet rule for them. Pathetic. Attn: Ms. Jeanine Townsend, Clerk of the Board. CDFW amended the regulatory definition of suction dredging as an emergency action effective June 28, 2013. 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. Here is the court`s decision. 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. Posts: 80 Gravity dredge and sluice May 20, 2010 7:54:18 GMT -5 . In mid-January 2019, we started inquiring as to where the process was as their timeline was now present to go public, and we were told the 6 people at the CAWB department tasked with this permitting program were reduced to just 2. Directs the State Water Resources Control Board or the appropriate Regional Water Quality Control Board to solicit public input as detailed and to hold at least one noticed public hearing before taking any action as provided. Come to court in support if you can. 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. Reg. 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. 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. 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. This web page will be updated as resources allow should any significant developments occur regarding the use of motorized vacuum or suction dredge equipment in California, or CDFWs related regulatory authority. All of the cases were eventually consolidated in front of Judge Ochoa in San Bernardino Court. The definition they hang there hat on is..any motor used in the assistance of gold recoverythat's how they will get out of banning generatorsboats..jetskiscars.a hook has a motor and is used for gold recovery they will use that. DFW considers a hookah a motorized system that aids in the recovery of gold as is banned as per the new law? We believe strongly since this is incidental fallback, like a dredge, it adds nothing and does not cause any adverse impacts on California waterways. At the same time, several prominent organizations and individuals opposed to resource development have spoken out against artisanal mining. 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. Join/Donate | Public Lands For The People. 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. It does not have anything to do with the other types of prospecting or mining that we do in California. Its all a scam. is gravity dredging legal in california. The New 49er Legal Fundwas first in and remains on the front line of the battle after all these years. 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. Box 944209, Sacramento, CA 94244-2090 | Sales Offices Make the regulations/permits so costly, so onerous, so confounding that people give up. 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. Notice Register 2012, No. 1 Russ. 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. Tom. P.O. CDFW regulates suction dredging and the use of any related equipment in California pursuant to Fish and Game Code section 5653 specifically. ), CDFW regulations governing its suction dredge permitting program are found in the California Code of Regulations, Title 14, sections 228 and 228.5. 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. I approached and introduced myself as deputy director of internal affairs for The New 49`ers. Firstly, almost all of the equipment wrapped up in the vague language of SB637 is being reversed and will once again be legal and not considered a suction dredge. Coulterville CA 95311, support@americanminingrights.com P.O. I dredge multiple rivers, do I need a permit for each waterway? (Fish & G. Code, 5653, subd. 19-Z, p. I guess classic cars probably developed this method of mining at the turn of the century. The Rinehart litigation stems from a criminal prosecution for unlawful suction dredging in 2012. 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. There are no seasons imposed upon the other types of surface mining activity. Dec 5, 2010 1,702 1,477. Most prospectors are now aware that the San Bernardino Supreme Court issued a statement on January 12, 2015, stating that the legislature`s moratorium on suction dredging and the recent passage of the Department of Fish & Wildlife (DFW) dredging regulations of 2012 are illegal and legally unenforceable. Subscribe now to get the lates news and updates from PLP! 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? This decision ensures that California`s water quality, fisheries, and cultural sites are protected from suction dredging and similar forms of mechanized recreational mining. Suction dredging uses machines to suck gravel and sand from streams and river bottoms in search of gold. thankfully where I go you would likely find bigfoot before you found me. 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. 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. The use of vacuum or suction dredge equipment, otherwise known as suction dredging, is currently prohibited and unlawful throughout California. Gravity Lending receives high ratings on both its Better Business Bureau (BBB) page and its Trustpilot page. I costs them nothing. Joey. For a complete description of the covered activities, eligibility requirements, and conditions, please see OAR 141-089-0820 through . 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. As part of the effort, CDFW also prepared and certified a Subsequent Environmental Impact Report (SEIR) consistent with the California Environmental Quality Act (CEQA). Join or renew today to know how to effectively and professionally counter the agencies while making Prospecting, Mining and Reclamation Great Again! PLP can say with confidence that the agencies will never treat responsible PLP members the same again. It has now been 10 years since we could legally suction dredge in California. 641.) No. It's all on your dime to prove your innocence. 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. Individuals engaged or interested in otherwise lawful instream mining should be aware that other environmental laws may apply to these various other mining practices. They stated you can still pan. from the gold rush or thirty five %. 28-Z, pp. ), 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. Back in August, 2009, the California legislature passed SB 670, which was the first ban on suction gold dredging in the state. 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. Trimmable Sluice Box Matting. (a).). Regardless, Im not surprised in the least, and am definitely IN regarding the march/protest if given decent notice. This worked great and with all the tremors in ca. Coulterville CA 95311- View Google Map This has the effect of dramatically reducing the cost of the permit for the end user. DFW has instructed all DFW LEO's as to what is and is not covered under the new law. No, it is clear they do not. Home; Categories. 26 August 2022. We wonThey exempted classic cars from their tyrannical smog check ll program. Rich Krimm and John Rose continue to oversee excavation work on these projects. 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. 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 . Public Lands for the People (PLP) and Reinke Mining Adventures & Services are gearing up to demonstrate how to legally repurpose your dredge. The mining community challenged the new regulations as unreasonably restrictive. preempt California Fish and Game Code sections 5653 and 5653.1 with respect to the use of vacuum and suction dredging equipment? ), effective August 4, 2014. (Cal. The beauty of this gravity extraction is that we don`t have to spend time and effort packing the very wide paid dirt. No. We encourage you to watch this page concerning suction dredge seasons in the coming weeks as the situation develops. 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.
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