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This is truly a great win for all gold miners! 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. 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 are including a link to the closed rivers, streams and areas in the state, and it will astound you as it did us. As you probably know, knowledge is power and a highly effective tool against your enemies who wish to deprive you of your rights! (People v. Rinehart, No. Fish and Game Code Section 5653, Appendix B. This information will be made available for everyone. By order of the Judicial Council of California, various ongoing civil proceedings are coordinated in San Bernardino County Superior Court. Copyright 2023 Public Lands For The People. The updated regulations are the first comprehensive update of CDFWs suction dredging regulations since 1994. Inspect for pickers or nuggets first, then carefully roll up the riffle matting or miner's moss and wash into the container at the end of . We know youll have questions, and if we can answer them, we will, if we cannot, we will get them. High bankers, water pumps, track wheel chairs, trucks and even sluice boxes. No. 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. In researching that path, we made a rather significant breakthrough. It has now been 10 years since we could legally suction dredge in California. You see, at the time, they knew how beneficial dredging was to our waterways, now it`s a program. (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. Key documents from CDFWs 2012 and 2014 environmental review and rulemaking efforts are available below, scrolling further down this webpage. 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 . Public Lands for the People (PLP) and Reinke Mining Adventures & Services are gearing up to demonstrate how to legally repurpose your dredge. PLP members already in good standing who provide their member number can just request the CA Suction Dredge Guide on the PLP info line by voice or email submission and it will be mailed to you. Will I need to get a DFG permit like we did in 2009 in addition to the CAWB permit? (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. No, it is clear they do not. This decision ensures that California`s water quality, fisheries, and cultural sites are protected from suction dredging and similar forms of mechanized recreational mining. Suction dredging uses machines to suck gravel and sand from streams and river bottoms in search of gold. CDFW amended the regulatory definition of suction dredging as an emergency action effective June 28, 2013. 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. 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. 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. 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. I feel like they were a little friendly and maybe a little embarrassed to be caught in the middle of a stupid fight over little vacuum shovels; and would have preferred to hunt poachers or real criminals. A place where a dead body is interred. Facts and science. Folks, this is serious stuff here. About suction dredging in California: As all of you are probably aware, there is a moratorium on suction dredging in California. Sound familiar? See additional related information. As part of the effort, CDFW also prepared and certified a Subsequent Environmental Impact Report (SEIR) consistent with the California Environmental Quality Act (CEQA). 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. Federal law defines a gravity knife as one that opens by operation of inertia, gravity or both. As the PLP membership has already been informed, on January 12, 2015, the Honorable Gilbert G. Ochoa, Judge of the Superior Court, San Bernardino County, issued a Ruling which, in effect, granted PLPs motions for summary adjudication regarding Federal preemption as to the States prohibition on suction dredge mining and the 2012 Suction Dredge Mining Regulations (2012 Regulations) promulgated thereunder. It would be nice to know when we turn around and look behind us that there are 100,000 small miners also willing to defend the girl. 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. No. We encourage you to watch this page concerning suction dredge seasons in the coming weeks as the situation develops. We also do not know the specific regulations to a fine detail. Joey. (Cal. The beauty of this gravity extraction is that we don`t have to spend time and effort packing the very wide paid dirt. Let that sink in for a minute. Any gravity or siphon dredge used may not have an intake nozzle or hose that has an inside diameter exceeding four inches. I dredge multiple rivers, do I need a permit for each waterway? WellI was part of a 10,000 person march on California's Capital when classic cars were being threatened by the Communists running California. can general dentists do bone grafts; apple tartlets with pillsbury pie crust; what bulbs will squirrels not eat; Not enough. PLP: FIGHTING TO TAKE IT BACK AND KEEP IT FOR TWENTY-FIVE YEARS! 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. ), effective August 4, 2014. Tom. 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. In this case, the question is whether federal law prevents the State of California from imposing substantial interference with mining or prospecting on public lands. I just joined AMRA (thanks to Jeff at Proline). That is not just unacceptable, it is in violation of the law and we made sure they knew that. The safe is one of many methods for separating gold from dredged materials. CDFW regulates suction dredging and the use of any related equipment in California pursuant to Fish and Game Code section 5653 specifically. . An appeal stemming from those proceedings is pending in Division Two of the Fourth Appellate District. 39, 7. The use of vacuum or suction dredge equipment, otherwise known as suction dredging, is currently prohibited and unlawful throughout California. 33-Z, p. The updated regulations are the first comprehensive update of CDFWs suction dredging regulations since 1994. palmetto high school basketball tickets 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. Your excavator only collects 93% of the mercury, while ours collects many more. Reg. CDFW adopted the amended regulatory definition of suction dredging through a regular noticed rulemaking action under the Administrative Procedure Act (Gov. A permit will still be required from DFW in addition to the permit from CAWB. What they concluded was dredging was deminimus, meaning it doesnt harm fish or fish habitat. 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. Some of the add-ons on this site are powered by. (Id., 5653.1. The politicians and courts didnt give us much to trust in their words. I can see where some hack could interpret Mechanized to mean anything that gives a man a mechanical advantage..shovels,levers, bars, pans, etc. No dredging during spawning season (which we support). It also does not affect our group weekend projects. 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. 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. Our office automatically generates a ticket on your behalf for every $10 legal contribution we receive ($100 generates 10 tickets). ---MembershipDonationClaimsSend us a link/News articleGeneral Inquiry. of Fish & Wildlife, and the Forest Service to help give us that path to legally resume suction dredging in California. 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. 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. 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. (Cal. This is perhaps the most significant legal dispute regarding U.S. mining in our lifetime. Join/Donate | Public Lands For The People. 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. As we pointed out in testimony at the Senate hearing on SB1222, panning is not, nor has it ever been a mining method. California Penal Code Section 17235 states that folding knives are legal in the state if they are in the folded position. Customer reviews verified as of. (Cal. California Fish and Game Code section 5653.1, subdivision (b) has statutorily prohibited the use of vacuum or suction dredge equipment in the state since 2009. There are no after season, nor continual season reporting requirements like DFG proposed in 2012 like keeping a diary and all that nonsense. This is precisely what the CAWB scientists and those tasked with this project did. Since the Court ruled that Californias dredge permitting moratorium is unconstitutional, making it unenforceable as a matter of law, The New 49ers are not going to prohibit suction dredging on our mining properties. No compromise. See additional related information. There will be no site specific studies required for any permits. 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. 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.. 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! Sad isn't it? Learn to dredge legally without permits and without fear for the purpose of reclamation! Are gravity knives considered automatic knives? 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. All Treasure Hunting. 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. 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. If you cant be there in person, support us online. What specific rivers/waterways will have a season, although it appears as it is exactly like it was in 2009. "I'm proud to be a client of Gravity Legal and Gravity . Another fact is that there will only be 1500 permits issued and most of them have been issued to the phony mercury cleanupfirms and the big dredgers cleaning harbors and such, the little guy doesn't have a chance. Learn to dredge legally without permits and without fear for the purpose of reclamation! Here in CA, I can see where an LEO would question a water wheel sluice as "mechanized". 2.Enjoining the enforcement of the 2012 Regulations promulgated pursuant to 5653.1 of the Fish & Game Code; and On June 27, 2012, the State of California enacted Senate Bill 1018 (SB 1018), amending Fish and Game Code section 5653.1. Come to court in support if you can. 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. The mining community challenged the new regulations as unreasonably restrictive. 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. I was literally hours from selling it for $4000.00 and to abandon any hope of ever mining again. Theyve passed laws which explicitly exclude them from any liabilities from their actions. Price: $ 39.95. 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. yeap they've over interpreted the law. 2015, ch. Several major conservative natural resource groups supported our arguments in the California Supreme Court. Connor & Sargent, PLLC. Surprisingly to them, that did not happen. You are using an out of date browser. The substance of this path revolves around how the federal and state law defines pollutants and discharge along with the intended activity. No. You MUST speak out. It is about their ideology, not facts, science, truth or even something as basic as common sense. To quote one of the Senators, they didnt see that support coming. 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. Mining equipment may not be used where freshwater mussels or Pacific lamprey are present. We find it a bit odd that right before the 10 year fight for suction dredging seems to be gaining some ground, this happens. 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. Copyright 2023 by Gold Prospectors Association of America. 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. ), CDFW regulations governing its suction dredge permitting program are found in the California Code of Regulations, Title 14, sections 228 and 228.5. This is what we call gravity extraction. This is a new method in modernity. Cost: It is not going to be $2000 like someone posted on FB, that is incorrect. P.O. The officers were polite and warm. from the gold rush or thirty five %. Notice Register 2012, No. 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. 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. 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. The definition they hang there hat on is..any motor used in the assistance of gold recoverythat's how they will get out of banning generatorsboats..jetskiscars.a hook has a motor and is used for gold recovery they will use that. DFW considers a hookah a motorized system that aids in the recovery of gold as is banned as per the new law? Fantastic job, and you couldnt expect a better outcome. 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. 22 et seq.) Ct. San Bernardino County, Judicial Council Proceeding No. I approached and introduced myself as deputy director of internal affairs for The New 49`ers. (Id., 5653.1. of mercury missing in ca. The Rinehart litigation stems from a criminal prosecution for unlawful suction dredging in 2012. It's all on your dime to prove your innocence. Its all a scam. 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. Afraid to go back in the water? Permitting applications will be available in early Spring and we are shooting for the very first day of Spring which is March 20, 2019. What remains now in the process is the public comment period where they tell the public what they plan to do and ask for comments. Due to limited space, this event will be open to only RGM Mining Group members and/or PLP members., but worry not. Come on guys WOO0 WHO0! The politicians understand one thingthey cannot continue to piss off their constituents (those in their districts) and get re-elected. Science should prevail, not emotion or how someone feels it might, may, could or potentially impact a waterway. Because I'm 100% sure that the GPAA leadership will say nothing about itDo nothing about itAnd post nothing about it as usual. Hello Friends, Mar 19, 2012. They would then hold public comment meetings for the public to provide their input, then move forward from there with the permits. They have a calculation where the permit structure needs to be 110% of the cost to do the permits so it shouldnt be that much. Do we have to keep silly diaries and all the other documentation like what was proposed before? 33-Z, p. 19-Z, p. 641.) 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. THANK YOU! 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. Like the fight for our very Republic. I am merely making a point..that was in favor of miners. P.O. thankfully where I go you would likely find bigfoot before you found me. Posts: 80 Gravity dredge and sluice May 20, 2010 7:54:18 GMT -5 . PO Box 467 Make the regulations/permits so costly, so onerous, so confounding that people give up. Home; Categories. People were cited, their equipment confiscated and fines were paid. , they stabbed us in the back every single time. 1034-1035.) 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. May work for others, but when out legislators got wind of it a couple of years ago as a "work around" they put in it into the bill as well. All Rights Reserved. Our project assistants do a lot of prospecting themselves; Therefore, they always find a more efficient way to recover gold. Subscribe now to get the lates news and updates from PLP! I know, I grew up there and most of my friends were timber fallers and worked for logging companies. PO Box 467 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. 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. This is really stupid. We were told some of these folks left for other jobs, what we are hearing from our insiders is a bit different. Soooooooo Kevin is wrongIt does workHe or they (GPAA leadership) wont do it. The New 49er Legal Fundwas first in and remains on the front line of the battle after all these years. JavaScript is disabled. 19-Z, p. Water Quality and Toxicology (PDF), Chapter 4.4. PLP is hopeful that the Court will grant their requested injunction against DF&W. ), effective August 4, 2014. CDFW adopted the amended regulatory definition of suction dredging through a regular noticed rulemaking action under the Administrative Procedure Act (Gov. 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. (Cal. 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.