Keep up the hard work. 641.) 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.. P.O. 641.) 27 Davis Road, Happy Camp, California 96039. Related litigation is also pending before the California Supreme Court. 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. By now you are also likely aware that SB637 was presented and passed by Hollywood Democrat Senator Ben Allen in 2015 and required the CAWB (California Water Board) to evaluate the science surrounding dredging and to either permit the activity, or explain why it should not be permitted. Under new state law effective January 1, 2016, the use of vacuum or suction dredge equipment is defined to mean the use of a mechanized or motorized system for removing or assisting in the removal of, or the processing of, material from the bed, bank, or channel of a river, stream, or lake in order to recover minerals. About suction dredging in California: As all of you are probably aware, there is a moratorium on suction dredging in California. If you havent renewed your membership lately, you can do so on our new website: 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. 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. yeap they've over interpreted the law. PO Box 467 Reg. We believe the sponsors of SB637, Izzy Martin and the enviro group The Sierra Fund, along with their Senator who brought the bill forward, Ben Allen, a Democrat from Hollywood believed the CAWB would toe the political line and just slow walk, or deny permits all along. What they concluded was dredging was deminimus, meaning it doesnt harm fish or fish habitat. Wow just two comments here!! To them, so what if a suction dredge creates perfect fish habitat or that it removes 98% of the mercury from their drinking water. No compromise. 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. 39, 7. (Suction Dredge Mining Cases, Super. 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. We believe dredging will be handled like it was prior to the moratorium in 2009, but do need this in writing before making a statement. 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. View Google Map It is a final process, but not a mining method. Give Gift; Back to Top; Post by Steel Pan on May 20, 2010 7:54:18 GMT -5. 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. 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. See below for legal details. 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. Steel Pan Junior Member. 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. We have modified them in consideration of concerns voiced during the San Bernardino proceedings, along with the ongoing drought situation in California. Big hose reduction before the suck hose is the biggie-a 4" hose runs a 2 1/2 . 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; Notice Register 2012, No. Public Lands for the People (PLP) is proud to announce thatSuction Dredging will resume in most of Californiain a form bypassing most of the CA Fish & Wildlife and CA Water Boards red tape! By order of the Judicial Council of California, various ongoing civil proceedings are coordinated in San Bernardino County Superior Court. For a complete description of the covered activities, eligibility requirements, and conditions, please see OAR 141-089-0820 through . Will it be thousands? Keep up the great work. That is not just unacceptable, it is in violation of the law and we made sure they knew that. P.O. 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. Home; Categories. Reg. 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. Cost: It is not going to be $2000 like someone posted on FB, that is incorrect. Very grateful!!! 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. 39, 7. Its all a scam. Let that sink in for a minute. Reg. 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. 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. 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. Attn: Ms. Jeanine Townsend, Clerk of the Board. Under new state law effective January 1, . Other Statutory Considerations (PDF), Appendix A.. Jan 10, 2015 873 . (a).). Under new state law effective January 1, 2016, the use of vacuum or suction dredge equipment is defined to mean the use of a mechanized or motorized system for removing or assisting in the removal of, or the processing of, material from the bed, bank, or channel of a river, stream, or lake in order to recover minerals. 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. Theyve passed laws which explicitly exclude them from any liabilities from their actions. Posts: 80 Gravity dredge and sluice May 20, 2010 7:54:18 GMT -5 . 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. 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 […] For more information, visit, Subscribe To RGM Mining GroupMining claims for saleStore, Mining Claim Sales | (530)913-1563 | joshreinke@hotmail.com. Any gravity or siphon dredge used may not have an intake nozzle or hose that has an inside diameter exceeding four inches. 680, 2-3.) (a).) After a half dozen public comment meetings all up and down the state after the bill was passed, the CAWB took the data WMA, AMRA and many others provided them on the science surrounding dredging at every one of these meetings, they then sat down to see if it was deleterious to fish and fish habitat. In his Decision, Judge Ochoa ruled that both the Moratorium and the 2012 suction dredge regulations are unconstitutional. 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. Training, best practices, written rules, etc We are not overly fond of this. California Water Resources Control Board. 19-Z, p. 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. 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. 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. All to no avail. 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 . (See generally Fish & G. Code, 5653, 5653.1, 12000, subd. License and Revenue Branch PO Box 467 You are using an out of date browser. of Fish & Wildlife, and the Forest Service to help give us that path to legally resume suction dredging in California. Meanwhile, just in case you do not know, this new law only stops suction dredging within Californias active waterways. 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? Please also be aware that those misusing the CA Suction Dredge Guide may run the risk of citation and dredge confiscation; including those that following individuals that promote the Army Corp 404 dredge discharge system while trying to replicate the CA Suction Dredge Guide. Reg. Prohibits the Department from issuing any suction dredging permits absent a complete application which must include, among other things, a copy of any water quality permit or other authorization required by the State Water Resources Control Board or the relevant Regional Water Quality Control Board, or the U.S. Army Corps of Engineers, or a written determination by such agency that no water quality permit or other such authorization is necessary; Conditions Department issuance of permits on regulations implementing the section that must ensure the use of vacuum or suction dredge equipment will not cause any significant effects to fish and wildlife, as opposed to prior law which conditioned the issuance of permits on regulations ensuring suction dredging would not be deleterious to fish; Provides the Department with authority to adjust permit fees to an amount sufficient to cover all reasonable costs incurred by the Department to regulate suction dredging as provided by the Fish and Game Code; Directs the Department to work with the State Water Resources Control Board and the Regional Water Quality Control Boards regarding potential violations of requirements, conditions, or prohibitions governing the use of vacuum or suction dredge equipment; and. 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. 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. Im proud to be a member of the AMRA association. 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. 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. This worked great and with all the tremors in ca. The mining community challenged the new regulations as unreasonably restrictive. They have an unlimited bank roll of money in your tax payer dollars to defend whatever actions they create against us. 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 a trend here? The new Director, appointed by Governor Brown stopped all progress on the permits. ---MembershipDonationClaimsSend us a link/News articleGeneral Inquiry. of mercury missing in ca. Key documents from CDFWs 2012 and 2014 environmental review and rulemaking efforts are available below, scrolling further down this webpage. 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. 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. Due to limited space, this event will be open to only RGM Mining Group members and/or PLP members., but worry not. Subscribe now to get the lates news and updates from PLP! Great idea, that should annoy the BLM & USFS & the Fish & Game nut cases. Over the past week we have been in meetings, had calls and emails too numerous to list asking questions we know youd be asking because hell, they are what we would want to know as we are miners through and through like many of you. On June 27, 2012, the State of California enacted Senate Bill 1018 (SB 1018), amending Fish and Game Code section 5653.1. 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. Our office automatically generates a ticket on your behalf for every $10 legal contribution we receive ($100 generates 10 tickets). The updated regulations are the first comprehensive update of CDFWs suction dredging regulations since 1994. ), effective August 4, 2014. 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. Regardless, Im not surprised in the least, and am definitely IN regarding the march/protest if given decent notice. No, it is clear they do not. CDFW regulates suction dredging and the use of any related equipment in California pursuant to Fish and Game Code section 5653 specifically. JCPDS4720.) 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. CDFW amended the regulatory definition of suction dredging as an emergency action effective June 28, 2013. If you recall, the DFG created a nightmare proposal on dredging, the one we recommended was nothing like that. A singular case, illustrative of this subject, occurred in Louisiana. The substance of this path revolves around how the federal and state law defines pollutants and discharge along with the intended activity. 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. We know youll have questions, and if we can answer them, we will, if we cannot, we will get them. We believe strongly since this is incidental fallback, like a dredge, it adds nothing and does not cause any adverse impacts on California waterways. E064087.). Trimmable Sluice Box Matting. Customer reviews verified as of. CDFW adopted a comprehensive update of its suction dredge regulations effective April 27, 2012. of mercury missing in ca. 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. Take the Delta Gold Diggers for example, say they have 20 dredge claims, the club would pay for one permit, then certify their members to dredge under that one permit. 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 . 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. 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. 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 . It may not display this or other websites correctly. 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. The ongoing statutory moratorium established by Fish and Game Code section 5653.1 prohibits some, but not all forms of mining in and near California rivers, streams, and lakes. 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. (Cal. The use of vacuum or suction dredge equipment, otherwise known as suction dredging, is currently prohibited and unlawful throughout California. California Code of Regulations (suction dredging). Mining equipment may not be used where freshwater mussels or Pacific lamprey are present. Come to court in support if you can. You have made this happen by consistently contributing over the years. Code Regs., tit. 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. 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)? (a).) WellI was part of a 10,000 person march on California's Capital when classic cars were being threatened by the Communists running California. How many of you called? We are very pleased with the decision of the California Department of Fish and Wildlife to act quickly, said Leaf Hillman, director of natural resources for the Karuk tribe. 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. 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. 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. Thanks again to GPAA for their steadfast support of PLP through this long legal battle. 33-Z, p. Maybe it is time to think out of the box. Other Statutory Considerations (PDF), Appendix A.. 680, 2-3.) The politicians and courts didnt give us much to trust in their words. Afraid of the legal repercussions to dredge for reclamation purposes? PLP stated to the Court: Public Lands for the People (PLP) and Reinke Mining Adventures & Services are gearing up to demonstrate how to legally repurpose your dredge. 1034-1035.) (Fish & G. Code, 5653.1, subd. CAWB listened and while ultimately it was their decision on what permitting structure to go with, it is nothing like we feared. The case is so dry based on established federal law that the miners have asked the Federal Court for an expedited summary decision, hoping to save their 2016 season. As a result of extensive litigation, we managed to finally get the Moratoriumoverturnedin the Third Appellate Court. Reg. Its one rule for you, one very sweet rule for them. 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. palmetto high school basketball tickets At the same time, several prominent organizations and individuals opposed to resource development have spoken out against artisanal mining. They would then hold public comment meetings for the public to provide their input, then move forward from there with the permits. We had already invested enough time in this gold deposit to know where the pay-dirt line was and what the payment dirt looked like. 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. A permit will still be required from DFW in addition to the permit from CAWB. Because I'm 100% sure that the GPAA leadership will say nothing about itDo nothing about itAnd post nothing about it as usual. The Rinehart litigation stems from a criminal prosecution for unlawful suction dredging in 2012. Price: $ 39.95. 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. We are winning and plan on finishing strong! 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. So it looks like California`s suction gold excavator rights will remain in limbo until the California Supreme Court intervenes. 33-Z, p. Still playing games with pic resizing here and still lousy results bummer-what you must take in consideration is a bit complex=weight of water--velocity--angle of drop,hose size,gallons per foot in hose,drop height and on and on. Facts and science. Select Post; Deselect Post; Link to Post; Member. 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. There is no restriction on the length of the knife's blade. PO Box 467 We wonThey exempted classic cars from their tyrannical smog check ll program. The Department prepared and submitted the required report to the California Legislature (PDF) on April 1, 2013. The ongoing statutory moratorium established by Fish and Game Code section 5653.1 prohibits some, but not all forms of mining in and near California rivers, streams, and lakes. People were cited, their equipment confiscated and fines were paid. AMRA will be discussing this live all weekend at out outing near Groveland CA, its open to the public and its free. Not enough. It's all on your dime to prove your innocence. All Treasure Hunting. Notice Register 2014, No. 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. 2.Enjoining the enforcement of the 2012 Regulations promulgated pursuant to 5653.1 of the Fish & Game Code; and All Rights Reserved. ---MembershipDonationClaimsSend us a link/News articleGeneral Inquiry. Come out to the Gold Show Saturday and Sunday, May 30th and 31st in Charlotte and say hello! 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. Gravity Lending receives high ratings on both its Better Business Bureau (BBB) page and its Trustpilot page. Afraid to go back in the water? We do not know and as recently as last week, they still are not telling us, or anyone else. 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. Seize and prosecute. Last year PLP released its strategy for a path for legally re-starting suction dredging in 2021. We pointed out that this morphing of language was illegal, immoral and adversely affected 10s of thousands of people. If you are diverting water from a riparian parcel for use on that parcel, you . Standing 31 years strong for Multiple Use on Public Land RIGHTS. It was all pure politics and science was ignored. (See generally Fish & G. Code, 5653, 5653.1, 12000, subd. The Gravity Legal panel makes it easy to check whether payments have been made, and follow-up with clients on a timely basis regarding outstanding balances. The event will be held on one of the RGM group claims. They found suction dredging deminimus and determined it should be permitted. Important Note:In 2009, theState of California passed a law which placed a statewide moratorium onsuction dredgingin California until the Department of Fish &Wildlife (DFW)completed an updated Environmental Impact Report (EIR)along withseveral other requirementsthat were not within their jurisdiction. 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. Latest Dredging Legal News MAY 28th, 2015.
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