The beauty of this gravity extraction is that we don`t have to spend time and effort packing the very wide paid dirt. We are pretty sure if you are like us, youre fed up with over-regulation, dishonest politicians, state agencies delaying their duties under the law and environmental groups having way too much say in what we are told are our fundamental rights as mining claim owners. Well TomIt's up to you and I and the few folks here who care about itTo actually do something about it. Last year PLP released its strategy for a path for legally re-starting suction dredging in 2021. 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. (See generally Fish & G. Code, 5653, 5653.1, 12000, subd. How many of you called? Come out to the Gold Show Saturday and Sunday, May 30th and 31st in Charlotte and say hello! 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. CDFW regulates suction dredging and the use of any related equipment in California pursuant to Fish and Game Code section 5653 specifically. Several major conservative natural resource groups supported our arguments in the California Supreme Court. Mar 19, 2012. Reg. All the meetings that I have been in on CA Suction dredging with DFW. It is like stepping up to a group of bullies who are picking on a 12 year old girl. This is perhaps the most significant legal dispute regarding U.S. mining in our lifetime. Its all a scam. This information will be made available for everyone. I approached and introduced myself as deputy director of internal affairs for The New 49`ers. Key documents from CDFWs 2012 and 2014 environmental review and rulemaking efforts are available below, scrolling further down this webpage. Science should prevail, not emotion or how someone feels it might, may, could or potentially impact a waterway. AMRA will be discussing this live all weekend at out outing near Groveland CA, its open to the public and its free. Ct. San Bernardino County, Judicial Council Proceeding No. Suction dredge mining, a practice in which individuals use vacuum-like devices to extract minerals from the bottom of waterways, has been restricted by a series of new laws passed in the. California law currently prohibits the use of "vacuum or vacuum dredging equipment" in state waterways, but since strict rules previously defined a suction dredge as a "hose, motor, and locking box," miners simply remove the lock box a change that piles debris dredged with highly toxic mercury along waterways. 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. Let us know what is happening in your neck of the woods. We could include many other studies by biologists, scientists and peer-reviewed professionals, but you get the point. Great idea, that should annoy the BLM & USFS & the Fish & Game nut cases. Other Statutory Considerations (PDF), Appendix A.. As you probably know, knowledge is power and a highly effective tool against your enemies who wish to deprive you of your rights! 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. Well be addressing this idea at a later date, but sooner rather than later. General information regarding the ongoing litigation concerning suction dredging in California is available by case number at: www.courts.ca.gov. Connor & Sargent, PLLC. How would you like a new Proline 4 dredge for a dollar? We cant win anything without the support of thousands of individuals. View Google Map In fact, Derek was on the other side of the river with a sucking dredge. 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. 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. www.publiclandsforthepeople.org. 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. 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. (In re Suction Dredge Mining Cases, No. We march from the Capital right over to the California Water Board just 4 blocks away. Also, gravity dredging is legal in California because it is not motorized, right? Folks, this is serious stuff here. Soooooooo Kevin is wrongIt does workHe or they (GPAA leadership) wont do it. from the gold rush or thirty five %. This is precisely what the CAWB scientists and those tasked with this project did. As always, thank you for the update, as well as for everything you do. Thanks again to GPAA for their steadfast support of PLP through this long legal battle. Here is a link to a summary provided by our lawyer. 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.. Thank you. What specific rivers/waterways will have a season, although it appears as it is exactly like it was in 2009. Even once the dredge is brought in, the dredger will sample around in the River to find good gold bearing deposits and pay streaks that can be worked profitably with a dredge. It was all pure politics and science was ignored. They had discussed at a few of our meetings of coming up with an association, club or company type permit which entails a club (or similar) obtaining a permit and all members could dredge under that one permit. Reg. 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)? yeap they've over interpreted the law. Many turned to drugs, alcohol and most of my rural towns dried up from the destruction of a renewable resource because of an owl. Quote. Now they just watch their forests burn. There is no restriction on the length of the knife's blade. Give Gift; Back to Top; Post by Steel Pan on May 20, 2010 7:54:18 GMT -5. 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. 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. The mining community challenged the new regulations as unreasonably restrictive. 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. We believe the sponsors of SB637, Izzy Martin and the enviro group The . P.O. 1034-1035.) 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 . Will it be thousands? That state and federal agencies ignore us, our voices and our rights should not surprise anyone by now. No permits will be required from DFG for suction dredging. E064087.). This has the effect of dramatically reducing the cost of the permit for the end user. If we were to organize something like this peaceful protest, we would want over 1000 people to show up. To them, so what if a suction dredge creates perfect fish habitat or that it removes 98% of the mercury from their drinking water. (Cal. Meanwhile, just in case you do not know, this new law only stops suction dredging within Californias active waterways. The updated regulations are the first comprehensive update of CDFWs suction dredging regulations since 1994. thankfully where I go you would likely find bigfoot before you found me. We view this new restriction as completely unnecessary and based on seriously flawed information provided by biased sources. Very grateful!!! 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. The permit costs we expect to be around $200 or close to it. What follows is an update of where we stand legally and what happens next on June 23rd in the combined cases being heard in San Bernardino. I have hope again thank you AMRA! You may recall that California`s third appellate court ruled unanimously in favor of vacuum shovels in Rinehart. S222620.) Much of what they do in the form of laws and regulations do in fact infringe upon our rights, but do they care? Coulterville CA 95311, [email protected] 641.) 22 et seq.) Its all a scam. (916) 928-5805 | [email protected], 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. Perhaps it is time we organize a march on Sacramento and show the lawmakers there that there are a lot of miners and they also know how to vote and sway other voters. Big hose reduction before the suck hose is the biggie-a 4" hose runs a 2 1/2 . Notice Register 2012, No. No. 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. 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. There is yet another fly in the soup here folks. 641.) Here in CA, I can see where an LEO would question a water wheel sluice as "mechanized". 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.. License and Revenue Branch Box 100, Sacramento, CA 95812-2000. PO Box 467 So, last season, step by step, we developed this brand new method of open-pit mining (high banking). of mercury missing in ca. 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. Jan 10, 2015 873 . 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. ), 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. 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. 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. The New 49'ers Legal Fund. How long will this take? Please be aware that PLP does not tout Mining Rights without promoting reclamation, as there is no such thing as an unfettered right to mine without responsibilities. In his Decision, Judge Ochoa ruled that both the Moratorium and the 2012 suction dredge regulations are unconstitutional. Join/Donate | Public Lands For The People. The updated regulations are the first comprehensive update of CDFWs suction dredging regulations since 1994. Under the new regulations, the use of vacuum or suction dredging equipment is generally defined as the use of an extraction system to extract material from a river, stream or lake for mineral extraction. I was literally hours from selling it for $4000.00 and to abandon any hope of ever mining again. The legal arguments can be found here. The Rinehart litigation stems from a criminal prosecution for unlawful suction dredging in 2012. Home; Categories. Under new state law effective January 1, . 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. If you recall, the DFG created a nightmare proposal on dredging, the one we recommended was nothing like that. 28-Z, pp. I just joined AMRA (thanks to Jeff at Proline). The New 49er Legal Fundwas first in and remains on the front line of the battle after all these years. The Rinehart litigation stems from a criminal prosecution for unlawful suction dredging in 2012. 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. As part of the effort, CDFW also prepared and certified a Subsequent Environmental Impact Report (SEIR) consistent with the California Environmental Quality Act (CEQA). ), CDFW regulations governing its suction dredge permitting program are found in the California Code of Regulations, Title 14, sections 228 and 228.5. In researching that path, we made a rather significant breakthrough. Fish and Game Code Section 5653, Appendix B. 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. 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. 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. 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). Notice Register 2014, No. 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. on. Unfortunately I just received this update in my email today. Coulterville CA 95311, [email protected] Because I'm 100% sure that the GPAA leadership will say nothing about itDo nothing about itAnd post nothing about it as usual. . 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. 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. (Fish & G. Code, 5653.1, subd. Reg. Come to court in support if you can. For a better experience, please enable JavaScript in your browser before proceeding. Theyve passed laws which explicitly exclude them from any liabilities from their actions. 2012, ch. You MUST speak out. 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. 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.
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