Subscribe now to get the lates news and updates from PLP! 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 language in that bill was so vague, anything mechanized or motorized which aids in the processing of material is deemed a suction dredge and therefore subject to fines and the equipment can be confiscated. 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.
Home - Gravity Legal Unregulated suction dredge activity is unacceptable on New 49er properties. 19-Z, p. 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. We believe strongly since this is incidental fallback, like a dredge, it adds nothing and does not cause any adverse impacts on California waterways. "I'm proud to be a client of Gravity Legal and Gravity . 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. Back in August, 2009, the California legislature passed SB 670, which was the first ban on suction gold dredging in the state. 680, 2-3.) All Rights Reserved. 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.
Even if there are no more political or staffing interruptions, it is highly unlikely any permitting will be available in 2019. But members who choose to dredge should be aware that they may be hassled by the authorities, and even face the possibility criminal prosecution.
CA DREDGING Legal Update | Public Lands For The People (Cal. , they stabbed us in the back every single time. The use of vacuum or suction dredge equipment, otherwise known as suction dredging, is currently prohibited and unlawful throughout California. No, it is clear they do not. JCPDS4720.) See additional related information. Have pre-printed papers on the science and benefits of suction dredging to the fisheries and how many tens of millions of dollars it adds to the California coffers, especially in the hard hit rural areas. Other Statutory Considerations (PDF), Appendix A.. The event will be held on one of the RGM group claims. P.O. All the meetings that I have been in on CA Suction dredging with DFW.
Gravity Dredging - TreasureNet The Original Treasure Hunting Website I can see where some hack could interpret Mechanized to mean anything that gives a man a mechanical advantage..shovels,levers, bars, pans, etc. Copyright 2023 Public Lands For The People. 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 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 TomIt's up to you and I and the few folks here who care about itTo actually do something about it. Copyright 2023 by Gold Prospectors Association of America. In fact, Derek was on the other side of the river with a sucking dredge. 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. Keep up the great work. People were cited, their equipment confiscated and fines were paid. See additional related information. So literally right before going public, they had 2/3s of their staff gone from the department. All Treasure Hunting. 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. 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 do not know, but due to the fact that they are following the EPA NPDES permitting structure, it is likely to be expensive. 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. In many cases, the first step in dredging is to remove the layer of overburden gravels which often cover the bedrock. 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. Our office automatically generates a ticket on your behalf for every $10 legal contribution we receive ($100 generates 10 tickets). 2012, ch. No dredging during spawning season (which we support). 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 […] Ct. San Bernardino County, Judicial Council Proceeding No. We first of all want to thank Senator Stone and our small mining community for showing up, making calls, sending letters and getting the heck off their butts and being heard, it made the difference. Transportation and Traffic (PDF), Chapter 5. Dear Water Board Members: I strongly support the Water Board's provision in the draft National Pollutant Discharge Elimination System (NPDES) General Permit for . If you recall, the DFG created a nightmare proposal on dredging, the one we recommended was nothing like that. ), effective August 4, 2014. 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. (Suction Dredge Mining Cases, Super. (Stats. Anyway I never heard of AMRA until Jeff told about me what was going on in the Senate and the CAWB! We march from the Capital right over to the California Water Board just 4 blocks away. 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. It is about their ideology, not facts, science, truth or even something as basic as common sense. 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. Attn: Ms. Jeanine Townsend, Clerk of the Board. You MUST be heard.
Non-Motorized In-Stream Placer Mining - Oregon Regardless, Im not surprised in the least, and am definitely IN regarding the march/protest if given decent notice. 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. It was one that didnt involve keeping a diary, waiting a year for a permit or costing 5 grand to run a 4 dredge while being limited to a small 20 foot area in a creek they chose. Water Quality and Toxicology (PDF), Chapter 4.4. What`s interesting about these weekend projects is that they generate a lot of new ideas and innovations.
California Closes Suction Dredge Mining Loophole - Biological Diversity They have made these statements in front of two sitting California Senators. Select Post; Deselect Post; Link to Post; Member.
(c)(1).). Mining equipment may not be used where freshwater mussels or Pacific lamprey are present. 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. Connor & Sargent, PLLC. We told them dont take our word for it, look at the studies, the science, the facts and then make an objective determination based on that. 19-Z, p. So as you can see, this is monumental. 33-Z, p. 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. Surprisingly to them, that did not happen. We will be at the GPAA Gold and Treasure show this weekend in Charlotte, NC. As always, thank you for the update, as well as for everything you do. After sucking up material for a while, place a wide tray, bucket or large gold pan at the end of the sluice. So what happened is they didnt take Craigs word for what the outcome was on all these studies, they pulled the raw data and then over the next year, AMRA worked with them on a permitting structure and we did this quietly and behind the scenes. We are including a link to the closed rivers, streams and areas in the state, and it will astound you as it did us. Here is the court`s decision. Afraid to go back in the water? 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. Sound familiar? 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. preempt California Fish and Game Code sections 5653 and 5653.1 with respect to the use of vacuum and suction dredging equipment? I'm glad he isupstream from us because he's sent plenty of fine gold and flakes our way. Copyright 2023 Public Lands For The People. By order of the Judicial Council of California, various ongoing civil proceedings are coordinated in San Bernardino County Superior Court. Fantastic job, and you couldnt expect a better outcome. The new law, commonly referred to as Senate Bill or SB 637 (Allen), amends Fish and Game Code section 5653 and adds section 13172.5 to the Water Code. High bankers, water pumps, track wheel chairs, trucks and even sluice boxes. -Your Board of Directors. DFW has instructed all DFW LEO's as to what is and is not covered under the new law. We cant win anything without the support of thousands of individuals. Code Regs., tit. This is what we call gravity extraction. This is a new method in modernity. 22 et seq.) H. Hefty1 Bronze Member. 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. PO Box 467 is gravity dredging legal in california. It does not have anything to do with the other types of prospecting or mining that we do in California. Reg. How would you like a new Proline 4 dredge for a dollar? How much will permits cost? 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. The Department prepared and submitted the required report to the California Legislature (PDF) on April 1, 2013. Meanwhile, just in case you do not know, this new law only stops suction dredging within Californias active waterways. California Code of Regulations (suction dredging). (Fish & G. Code, 5653, subd. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); American Mining Rights Assoc. 39, 7. 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. 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. We know youll have questions, and if we can answer them, we will, if we cannot, we will get them. Let that sink in for a minute.other states are dredging to create fish habitat. Last year PLP released its strategy for a path for legally re-starting suction dredging in 2021. We were told some of these folks left for other jobs, what we are hearing from our insiders is a bit different.
Much of what they do in the form of laws and regulations do in fact infringe upon our rights, but do they care? 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. 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. 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. (Cal. Subscribe now to get the lates news and updates from PLP! Then, those concerns must be addressed through implementation of regulations which are least-restrictive upon people and . i am not saying anything is FACT!! Come out to the Gold Show Saturday and Sunday, May 30th and 31st in Charlotte and say hello! One person cannot change the world, he or she can only lead the way.
is gravity dredging legal in california - lumpenradio.com License and Revenue Branch Join or renew today to know how to effectively and professionally counter the agencies while making Prospecting, Mining and Reclamation Great Again! 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.