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I just joined AMRA (thanks to Jeff at Proline). (a).) To them, so what if a suction dredge creates perfect fish habitat or that it removes 98% of the mercury from their drinking water. 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. I got off the phone and 1) immediately joined AMRA 2) called that guy back and told him to go buy the new revised model of the 4 inch dredge from Proline because the extra money was well worth it! Permitting applications will be available in early Spring and we are shooting for the very first day of Spring which is March 20, 2019. 3.Mandating the development of a permit program and regulations that do not stand as an obstacle to the full purposes and objectives of the Federal mining laws. Several industry Associations have stepped up and contributed to the legal effort. 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! Very grateful!!! So as you can see, this is monumental. Learn how a Suction Nozzle works on a Gold Dredge. (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. It will be an on-line application process meaning you go to a specific link at the CAWB and fill it out on your computer. By order of the Judicial Council of California, various ongoing civil proceedings are coordinated in San Bernardino County Superior Court. We are winning and plan on finishing strong! 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. You may recall that California`s third appellate court ruled unanimously in favor of vacuum shovels in Rinehart. 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. (Suction Dredge Mining Cases, Super. By order of the Judicial Council of California, various ongoing civil proceedings are coordinated in San Bernardino County Superior Court. CDFW adopted the amended regulatory definition of suction dredging through a regular noticed rulemaking action under the Administrative Procedure Act (Gov. All Rights Reserved. CDFW adopted the amended regulatory definition of suction dredging through a regular noticed rulemaking action under the Administrative Procedure Act (Gov. Wow just two comments here!! shannonp@americanminingrights.com, American Mining Rights Association Training, best practices, written rules, etc We are not overly fond of this. Pathetic. In the `80s and `90s, before the opposition party really took off and seeped into many of our regulators, the USFS called gold clubs, groups and associations and asked members to dredge water after a wildfire because they wanted the fish to come back. 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. Latest Dredging Legal News MAY 28th, 2015. 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. If you cant be there in person, support us online. There are no seasons imposed upon the other types of surface mining activity. Code Regs., tit. We view this new restriction as completely unnecessary and based on seriously flawed information provided by biased sources. 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. Notice Register 2012, No. (Cal. 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. We could include many other studies by biologists, scientists and peer-reviewed professionals, but you get the point. If you havent renewed your membership lately, you can do so on our new website: It's one rule for you, one very sweet rule for them. To hell with the fact that there are numerous states in America and numerous agencies suction dredging to create fish habitat as our video showed them. As I stood there and watched, the two DFW guards came in their patrol car. Deep in the redwoods of the TRUE Northern CA, https://www.wildlife.ca.gov/Licensing/Suction-Dredge-Permits. 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. Copyright 2023 by Gold Prospectors Association of America. Link to DFW river restrictions is included here: A few weeks ago we posted links, a narrative and phone numbers for Senators who needed to hear from you on this whole process. E064087.). Give Gift; Back to Top; Post by Steel Pan on May 20, 2010 7:54:18 GMT -5. 28-Z, pp. The Department prepared and submitted the required report to the California Legislature (PDF) on April 1, 2013. The substance of this path revolves around how the federal and state law defines pollutants and discharge along with the intended activity. Code, 11340 et seq. 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. Well, it is because this is all political and not scientific (like you guys didnt know that). There are lead weights, legacy mercury left by old time miners, and other non-native debris that are in our California waterways, and we aim to remove them legally! Sad isn't it? 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. PO Box 467 is gravity dredging legal in california. -Your Board of Directors. 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. An appeal stemming from those proceedings is pending in Division Two of the Fourth Appellate District. Like the fight for our very Republic. THANK YOU! E064087.). 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. from the gold rush or thirty five %. 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. Its all a scam. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); American Mining Rights Assoc. But gravity dredges are ok. Afraid to go back in the water? Surprisingly to them, that did not happen. DFG will be the enforcement arm and will be the agency tasked with checking for permits like we all remember.although in decades of dredging with a permit, I never once got checked. High bankers are one piece of equipment we are still actively discussing and may involve a permit of some kind if run in the creek. Tom. (Fish & G. Code, 5653.1, subd. Since the Court ruled that California's dredge permitting moratorium is unconstitutional, making it unenforceable as a matter of law, The New 49'ers are not going to prohibit suction dredging on our mining properties. They have made these statements in front of two sitting California Senators. (Fish & G. Code, 5653.1, subd. (Suction Dredge Mining Cases, Super. 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.. 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. 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. This is what we call gravity extraction. This is a new method in modernity. CDFW regulates suction dredging and the use of any related equipment in California pursuant to Fish and Game Code section 5653 specifically. Other Statutory Considerations (PDF), Appendix A.. Let that sink in for a minute. 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. 2012, ch. 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 will be at the GPAA Gold and Treasure show this weekend in Charlotte, NC. PO Box 467 Notice Register 2014, No. In addition we have identified some fantastic suction dredging opportunities for our members in Southern Oregon. S222620.) 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. Is none motorized dredging or high banking legal in California Thread starter et1955; Start date Jun 4, 2016; et1955 Hero Member. (Cal. Join/Donate | Public Lands For The People, The Original. 2020 Reinke Mining Adventures & Services Inc. All rights reserved. See the Emergency Closures page before visiting a CDFW office, facility or property. We do not know, but due to the fact that they are following the EPA NPDES permitting structure, it is likely to be expensive. 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. Will I need to get a DFG permit like we did in 2009 in addition to the CAWB permit? 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. from the gold rush or thirty five %. 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. CDFW adopted a comprehensive update of its suction dredge regulations effective April 27, 2012. These online materials (take 4 steps and a few minutes to perform) along with a simple guide that can be shown to be quite effective when persons carry out the guide, and seriously adhere to its documents and principles outlined on the card. 3. (See generally Fish & G. Code, 5653, 5653.1, 12000, subd. Most questions we can answer now, some we cannot answer until late June when we have some formal meetings with the Director of the CAWB and a few Senators, but we are in fact going to be dredging next spring. Come on guys WOO0 WHO0! It also does not affect our group weekend projects. 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). The use of vacuum or suction dredge equipment, otherwise known as suction dredging, is currently prohibited and unlawful throughout California. All the meetings that I have been in on CA Suction dredging with DFW. They've passed laws which explicitly exclude them from any liabilities from their actions. The updated regulations are the first comprehensive update of CDFWs suction dredging regulations since 1994. As part of the effort, CDFW also prepared and certified a Subsequent Environmental Impact Report (SEIR) consistent with the California Environmental Quality Act (CEQA). License and Revenue Branch The case has yet to be decided at that level. General information regarding the ongoing litigation concerning suction dredging in California is available by case number at: www.courts.ca.gov. of mercury missing in ca. All legal entries received at our office after this draw will automatically generate tickets for the next New 49`ers Legal Fund draw. Customer reviews verified as of. Learn to dredge legally without permits and without fear for the purpose of reclamation! Make the regulations/permits so costly, so onerous, so confounding that people give up. Attn: Ms. Jeanine Townsend, Clerk of the Board. 2. Code, 11340 et seq. 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. It has now been 10 years since we could legally suction dredge in California. They hate small scale mining and will do anything to shut it down. 680, 2-3.) 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. Join/Donate | Public Lands For The People. 19-Z, p. 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. is gravity dredging legal in california. 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. Just ask the loggers in Oregon how the spotted owl impacted their industry. CDFW regulates suction dredging and the use of any related equipment in California pursuant to Fish and Game Code section 5653 specifically. The event will be held on one of the RGM group claims. 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. 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. Select Post; Deselect Post; Link to Post; Member. 33-Z, p. 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. 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. Youd have your equipment confiscated, youd be fined and youd be dragged through the California court system and found guilty based on the current language. 2015, ch. Notice Register 2013, No. Come to court in support if you can. The use of vacuum or suction dredge equipment, otherwise known as suction dredging, is currently prohibited and unlawful throughout California. Subscribe now to get the lates news and updates from PLP! They would then hold public comment meetings for the public to provide their input, then move forward from there with the permits. Its all a scam. Their Board of Directors voted unanimously it is deminimus (no harm). All Rights Reserved. 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.