Chapter 2 - Comments Received on the Draft SEIR, Chapter 3 - Suction Dredge Regulations and Comment Responses, Chapter 5 - Changes and Corrections to the EIR, Comment Letters (organized by date received in 2011). Then, those concerns must be addressed through implementation of regulations which are least-restrictive upon people and . Notice Register 2013, No. So, last season, step by step, we developed this brand new method of open-pit mining (high banking). But most of all, our AMRA staff. 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. Join/Donate | Public Lands For The People, The Original. 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. Permitting applications will be available in early Spring and we are shooting for the very first day of Spring which is March 20, 2019. (Id., 5653.1. License and Revenue Branch It is like stepping up to a group of bullies who are picking on a 12 year old girl. Simply put.Dredging is coming back to California Spring of next year. Only gamble with what you care to lose. 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. 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. Key documents from CDFWs 2012 and 2014 environmental review and rulemaking efforts are available below, scrolling further down this webpage. They stated you can still pan. There is no restriction on the length of the knife's blade. Here is a link to a summary provided by our lawyer. My buddy and claim owner neighborcame by for me to help him with some mapping and we got talking about all the water this year and his gravity system which is a 6" pipe with 3" nozzle sucking from the upper end and dumping in a sluice box. -Your Board of Directors. (Cal. I had given up all hope and listed my brand new 4inch Proline(never used) that I have been sitting on for 5 years. See below for legal details. All the meetings that I have been in on CA Suction dredging with DFW. Tom. 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. Related litigation is also pending before the California Supreme Court. Notice Register 2012, No. Reg. Its all a scam. You are using an out of date browser. It would be close to impossible for them to back out of this without some severe exposure to a lawsuit.and bring one we would on your behalf. 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. 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. Of course, the more paid dirt we deal with, the more gold we will recover. Do studies have to be done for the creek I want to dredge? I have hope again thank you AMRA! We will be at the GPAA Gold and Treasure show this weekend in Charlotte, NC. Join or renew today to know how to effectively and professionally counter the agencies while making Prospecting, Mining and Reclamation Great Again! 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. Trimmable Sluice Box Matting. There is 23 1/2 million ibs. 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. Suction dredging is an environmentally harmful mining practice has been banned in California since 2009, but since early this spring miners have been making equipment modifications to suction dredges to exploit what they perceived as a "loophole" in the ban. The CAWB stated last summer in our numerous and continual conversations with them that they had in fact agreed to permit dredging and would release the draft proposal in January of 2019. 1034-1035.) JCPDS4720.) How much will permits cost? 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. This is precisely what the CAWB scientists and those tasked with this project did. Therefore we are hereby adopting these Emergency Rules for the duration of this period of uncertainty. 33-Z, p. PO Box 467 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? document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); American Mining Rights Assoc. Fantastic job, and you couldnt expect a better outcome. Big hose reduction before the suck hose is the biggie-a 4" hose runs a 2 1/2 . Afraid of the legal repercussions to dredge for reclamation purposes? Do we have to keep silly diaries and all the other documentation like what was proposed before? We are including a link to the closed rivers, streams and areas in the state, and it will astound you as it did us. There are a few things still unanswered like: Are there restrictions on sizes of dredges and motors. 19-Z, p. 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. We also do not know the specific regulations to a fine detail. 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. 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. (In re Suction Dredge Mining Cases, No. 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. 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. Because I'm 100% sure that the GPAA leadership will say nothing about itDo nothing about itAnd post nothing about it as usual. JCPDS4720.) This information will be made available for everyone. The use of vacuum or suction dredge equipment, otherwise known as suction dredging, is currently prohibited and unlawful throughout California. Notice Register 2012, No. Copyright 2023 Public Lands For The People. These are incredibly restrictive and onerous. There are no after season, nor continual season reporting requirements like DFG proposed in 2012 like keeping a diary and all that nonsense. Learn how a Suction Nozzle works on a Gold Dredge. 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. Sound familiar? All Rights Reserved. What they concluded was dredging was deminimus, meaning it doesnt harm fish or fish habitat. 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. Notice Register 2012, No. When the lawsuit last year was settled by PLP, WMA and a few others, this locked the California miners into these regulations. 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. To quote one of the Senators, they didnt see that support coming. They have an unlimited bank roll of money in your tax payer dollars to defend whatever actions they create against us. Afraid of the legal repercussions to dredge for reclamation purposes? Notice a trend here? If you can't use a motor " within a 100ft of the water way" can you use a water wheel to drive the pumps needed to run such equipment. Well, it is because this is all political and not scientific (like you guys didnt know that). If you recall, the DFG created a nightmare proposal on dredging, the one we recommended was nothing like that. 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 . 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. (Stats. Here in CA, I can see where an LEO would question a water wheel sluice as "mechanized". This has the effect of dramatically reducing the cost of the permit for the end user. In his Decision, Judge Ochoa ruled that both the Moratorium and the 2012 suction dredge regulations are unconstitutional. 1461.). 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. I was literally hours from selling it for $4000.00 and to abandon any hope of ever mining again. 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. from the gold rush or thirty five %. Also, gravity dredging is legal in California because it is not motorized, right? Transportation and Traffic (PDF), Chapter 5. 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. Great idea, that should annoy the BLM & USFS & the Fish & Game nut cases. 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. No compromise. I know electric and gas motors are not allowed. shannonp@americanminingrights.com, American Mining Rights Association Department of Fish and Game, who is currently required to obtain a permit from.will be eliminated. All legal entries received at our office after this draw will automatically generate tickets for the next New 49`ers Legal Fund draw. This is truly a great win for all gold miners! 1461.). Public Lands for the People (PLP) and Reinke Mining Adventures & Services are gearing up to demonstrate how to legally repurpose your dredge. The event will be held on one of the RGM group claims. To them, so what if a suction dredge creates perfect fish habitat or that it removes 98% of the mercury from their drinking water. Thanks to our PLP member and donor support, our trips to Washington D.C. have netted us an inside track to data on the environmental agencies that we are now prepared to release to our members. (a).) 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 […] The way I have interpreted what the rules are is no dredging by any means as it may stir up nutrients that the fish would likely eat and enjoy and you as the dredger might steal what the Govt. Very grateful!!! All to no avail. The Rinehart litigation stems from a criminal prosecution for unlawful suction dredging in 2012. The use of vacuum or suction dredge equipment, otherwise known as suction dredging, is currently prohibited and unlawful throughout California. The mining community challenged the new regulations as unreasonably restrictive. 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. 33-Z, p. CDFW regulates suction dredging and the use of any related equipment in California pursuant to Fish and Game Code section 5653 specifically. Hello Friends, 641.) Why does it take this long, well this whole process was in fact ready to go last summer and the permitting structure was created, written and was ready for public comment, then the Director of the Water Board was replaced. For more information, visit, Subscribe To RGM Mining GroupMining claims for saleStore, Mining Claim Sales | (530)913-1563 | joshreinke@hotmail.com. Rich Krimm and John Rose continue to oversee excavation work on these projects. They've passed laws which explicitly exclude them from any liabilities from their actions. support@americanminingrights.com What specific rivers/waterways will have a season, although it appears as it is exactly like it was in 2009. Due to limited space, this event will be open to only RGM Mining Group members and/or PLP members., but worry not. Maybe it is time to think out of the box. 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. 2012, ch. PO Box 467 (People v. Rinehart, No. Defines the use of vacuum or suction dredge equipment, otherwise known as suction dredging, in the same terms as described above and now provided in Fish and Game Code section 5653; Provides the State Water Resources Control Board or the appropriate Regional Water Quality Control Board may take one or more of three specified actions related to suction dredging to protect water quality, including (1) the adoption of waste discharge requirements or a waiver of such requirements; (2) specifying certain conditions or areas where the discharge of waste or other adverse impacts on beneficial uses of the waters of the state from the use of vacuum or suction dredge equipment is prohibited; or (3) prohibit any particular use of, or methods of using, vacuum or suction dredge equipment, or any portion thereof, to extract minerals based on a determination generally that doing so will cause or contribute to an exceedance of applicable water quality objectives or unreasonably impact beneficial uses; and. 680, 2-3.) Nothing to sell you. Notice Register 2014, No. 22 et seq.) We will be demonstrating to the public how to responsibly, and legally, use a suction dredge for the purpose of reclamation. Our project assistants do a lot of prospecting themselves; Therefore, they always find a more efficient way to recover gold. Well TomIt's up to you and I and the few folks here who care about itTo actually do something about it. Coulterville CA 95311, support@americanminingrights.com 28-Z, pp. By order of the Judicial Council of California, various ongoing civil proceedings are coordinated in San Bernardino County Superior Court. station 19 fanfiction maya injured; morgan bay boats for sale; camden football fight; razer kraken v2 randomly disconnects; ark magmasaur fertilized egg spawn command; of Fish & Wildlife, and the Forest Service to help give us that path to legally resume suction dredging in California. 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. Reg. hand powered and gravity is still in the game . A place where a dead body is interred. Attn: Ms. Jeanine Townsend, Clerk of the Board. I can see where some hack could interpret Mechanized to mean anything that gives a man a mechanical advantage..shovels,levers, bars, pans, etc. We know youll have questions, and if we can answer them, we will, if we cannot, we will get them. Defines the use of vacuum or suction dredge equipment, otherwise known as suction dredging, in the same terms as described above and now provided in Fish and Game Code section 5653; Provides the State Water Resources Control Board or the appropriate Regional Water Quality Control Board may take one or more of three specified actions related to suction dredging to protect water quality, including (1) the adoption of waste discharge requirements or a waiver of such requirements; (2) specifying certain conditions or areas where the discharge of waste or other adverse impacts on beneficial uses of the waters of the state from the use of vacuum or suction dredge equipment is prohibited; or (3) prohibit any particular use of, or methods of using, vacuum or suction dredge equipment, or any portion thereof, to extract minerals based on a determination generally that doing so will cause or contribute to an exceedance of applicable water quality objectives or unreasonably impact beneficial uses; and. 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. Select Post; Deselect Post; Link to Post; Member. ), CDFW regulations governing its suction dredge permitting program are found in the California Code of Regulations, Title 14, sections 228 and 228.5. We would like to meet you and of course say Hi to old friends. 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. In fact, Derek was on the other side of the river with a sucking dredge. 22 et seq.) 2020 Reinke Mining Adventures & Services Inc. All rights reserved. Back in August, 2009, the California legislature passed SB 670, which was the first ban on suction gold dredging in the state. CDFW adopted the amended regulatory definition of suction dredging through a regular noticed rulemaking action under the Administrative Procedure Act (Gov. Transportation and Traffic (PDF), Chapter 5. (Suction Dredge Mining Cases, Super. 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. 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. 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. How many of you called? I am merely making a point..that was in favor of miners. An appeal stemming from those proceedings is pending in Division Two of the Fourth Appellate District. Last year PLP released its strategy for a path for legally re-starting suction dredging in 2021. (See generally Fish & G. Code, 5653, 5653.1, 12000, subd. can general dentists do bone grafts; apple tartlets with pillsbury pie crust; what bulbs will squirrels not eat; Subscribe now to get the lates news and updates from PLP! So the CAWB didnt toe the political line as some expected. (See generally Fish & G. Code, 5653, 5653.1, 12000, subd. 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. 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 new Director, appointed by Governor Brown stopped all progress on the permits. 2015, ch. Federal law defines a gravity knife as one that opens by operation of inertia, gravity or both. ), CDFW regulations governing its suction dredge permitting program are found in the California Code of Regulations, Title 14, sections 228 and 228.5. Box 100, Sacramento, CA 95812-2000. If you cant be there in person, support us online. The 2012 Department of Fish and Wildlife (DFW) regulations. 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. 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. That is Awesome news. It may not display this or other websites correctly. We cant win anything without the support of thousands of individuals. Afraid to go back in the water? Copyright 2023 Public Lands For The People. Thank you, Gravity!" Anne-Marie E. Sargent. Many turned to drugs, alcohol and most of my rural towns dried up from the destruction of a renewable resource because of an owl. 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)? Public Lands for the People (PLP) is proud to announce that Suction Dredging will resume in most of California in a form bypassing most of the CA Fish & Wildlife and CA Water Board's red tape! 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. Reg. (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. Learn to dredge legally without permits and without fear for the purpose of reclamation! 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. Regardless, Im not surprised in the least, and am definitely IN regarding the march/protest if given decent notice. 19-Z, p. Chapter 2 - Comments Received on the Draft SEIR, Chapter 3 - Suction Dredge Regulations and Comment Responses, Chapter 5 - Changes and Corrections to the EIR, Comment Letters (organized by date received in 2011). "I'm proud to be a client of Gravity Legal and Gravity . Science should prevail, not emotion or how someone feels it might, may, could or potentially impact a waterway. 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. Be part of the winning team! Surprisingly to them, that did not happen. 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. 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. How is it that other states dredge to create fish habitat, but California thinks it kills fish? It is about their ideology, not facts, science, truth or even something as basic as common sense. THANK YOU! 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; It was all pure politics and science was ignored. Individuals engaged or interested in otherwise lawful instream mining should be aware that other environmental laws may apply to these various other mining practices. 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. 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 use of vacuum or suction dredge equipment, otherwise known as suction dredging, is currently prohibited and unlawful throughout California.