We could include many other studies by biologists, scientists and peer-reviewed professionals, but you get the point. The event will be held on one of the RGM group claims. Dear Water Board Members: I strongly support the Water Board's provision in the draft National Pollutant Discharge Elimination System (NPDES) General Permit for . Dec 5, 2010 1,702 1,477. For more information, visit, Subscribe To RGM Mining GroupMining claims for saleStore, Mining Claim Sales | (530)913-1563 | joshreinke@hotmail.com. Therefore we are hereby adopting these Emergency Rules for the duration of this period of uncertainty. 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. Price: $ 39.95. If we were to organize something like this peaceful protest, we would want over 1000 people to show up. 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. A permit will still be required from DFW in addition to the permit from CAWB. Because of this, the Miners are suffering irreparable injury and harm, including, arrests, threats of arrest, and jail time, as well as substantial monetary loss. 19-Z, p. Subscribe now to get the lates news and updates from PLP! 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. CDFW adopted the amended regulatory definition of suction dredging through a regular noticed rulemaking action under the Administrative Procedure Act (Gov. We are winning and plan on finishing strong! California Code of Regulations (suction dredging). As you probably know, knowledge is power and a highly effective tool against your enemies who wish to deprive you of your rights! I have hope again thank you AMRA! It does not have anything to do with the other types of prospecting or mining that we do in California. 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. We do not know, but due to the fact that they are following the EPA NPDES permitting structure, it is likely to be expensive. 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. Nothing to sell you. -Your Board of Directors. (a).) 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. 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. An appeal stemming from those proceedings is pending in Division Two of the Fourth Appellate District. In researching that path, we made a rather significant breakthrough. preempt California Fish and Game Code sections 5653 and 5653.1 with respect to the use of vacuum and suction dredging equipment? 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 . As part of the effort, CDFW also prepared and certified a Subsequent Environmental Impact Report (SEIR) consistent with the California Environmental Quality Act (CEQA). Box 944209, Sacramento, CA 94244-2090 | Sales Offices I'm glad he isupstream from us because he's sent plenty of fine gold and flakes our way. People were cited, their equipment confiscated and fines were paid. 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. The California Supreme Court has sinceconsented to Reviewthe Third Appellates unanimous Decision. The politicians understand one thingthey cannot continue to piss off their constituents (those in their districts) and get re-elected. 2020 Reinke Mining Adventures & Services Inc. All rights reserved. 19-Z, p. We encourage you to watch this page concerning suction dredge seasons in the coming weeks as the situation develops. 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. 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. 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. ---MembershipDonationClaimsSend us a link/News articleGeneral Inquiry. Any gravity or siphon dredge used may not have an intake nozzle or hose that has an inside diameter exceeding four inches. Will it be thousands? Its one rule for you, one very sweet rule for them. We were told some of these folks left for other jobs, what we are hearing from our insiders is a bit different. Water Quality and Toxicology (PDF), Chapter 4.4. 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. But most of all, our AMRA staff. 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. As always, thank you for the update, as well as for everything you do. You see, at the time, they knew how beneficial dredging was to our waterways, now it`s a program. 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. See below for legal details. 641.) Simply put.Dredging is coming back to California Spring of next year. 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). 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. 28-Z, pp. 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. E064087.). (Stats. At the same time, several prominent organizations and individuals opposed to resource development have spoken out against artisanal mining. 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. elizabeth ortiz facebook; impington sports centre; audi e tron gt puissance; sewing classes chicago park district; is gravity dredging legal in california. Join or renew today to know how to effectively and professionally counter the agencies while making Prospecting, Mining and Reclamation Great Again! 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. ), effective August 4, 2014. hasn't gotten their hands on yet in the rivers. Firstly, we would like to state that the CAWB are not the bad guys here, there were mandated by the bill Democrat Ben Allen passed. (Cal. (a).) Joey. It is a final process, but not a mining method. Was this politics? There is yet another fly in the soup here folks. The updated regulations are the first comprehensive update of CDFWs suction dredging regulations since 1994. 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. The use of vacuum or suction dredge equipment, otherwise known as suction dredging, is currently prohibited and unlawful throughout California. 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. Come on guys WOO0 WHO0! Not enough. Maybe it is time to think out of the box. 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. Reg. SB637 morphed into a defacto prohibition on mining as it then labeled all things as suction dredges. Wow just two comments here!! 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. Key documents from CDFWs 2012 and 2014 environmental review and rulemaking efforts are available below, scrolling further down this webpage. Tom. H. Hefty1 Bronze Member. Fantastic job, and you couldnt expect a better outcome. All Rights Reserved. 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. Anyway I never heard of AMRA until Jeff told about me what was going on in the Senate and the CAWB! Reg. You MUST participate. 2.Enjoining the enforcement of the 2012 Regulations promulgated pursuant to 5653.1 of the Fish & Game Code; and 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. 2012, ch. We find it a bit odd that right before the 10 year fight for suction dredging seems to be gaining some ground, this happens. This is what we call gravity extraction. This is a new method in modernity. PLP is hopeful that the Court will grant their requested injunction against DF&W. from the gold rush or thirty five %. Here is a link to a summary provided by our lawyer. The New 49er Legal Fundwas first in and remains on the front line of the battle after all these years. View Google Map Several major conservative natural resource groups supported our arguments in the California Supreme Court. (See generally Fish & G. Code, 5653, 5653.1, 12000, subd. It's one rule for you, one very sweet rule for them. PLP believes that after a year or two it could be possible to modify this CA Suction Dredge Guide for application in other states such as Oregon, Washington and Idaho. The permit costs we expect to be around $200 or close to it. The exact cost, although we believe it will be a few hundred dollars at most, not the $2,000 circulating on the internet. Water Quality and Toxicology (PDF), Chapter 4.4. Well, it is because this is all political and not scientific (like you guys didnt know that). 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 . (Fish & G. Code, 5653.1, subd. Without them, even if Brandon wins, we are likely to be stuck with the 2012 regulations until they are fully litigated, which could end us up in the very same place as a settlement degree before the start of next season. No dredging during spawning season (which we support). The Rinehart case awaits a decision by the California Supreme Court. DFW has instructed all DFW LEO's as to what is and is not covered under the new law. 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. I costs them nothing. Rich Krimm and John Rose continue to oversee excavation work on these projects. The updated regulations are the first comprehensive update of CDFWs suction dredging regulations since 1994. 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. As we pointed out in testimony at the Senate hearing on SB1222, panning is not, nor has it ever been a mining method. Unfortunately I just received this update in my email today. Our office automatically generates a ticket on your behalf for every $10 legal contribution we receive ($100 generates 10 tickets). So, last season, step by step, we developed this brand new method of open-pit mining (high banking). 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. 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 . There will be no site specific studies required for any permits. 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. THANK YOU! It takes a fraction of the time compared to our prior process. 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. But members who choose to dredge should be aware that they may be hassled by the authorities, and even face the possibility criminal prosecution. You may recall that California`s third appellate court ruled unanimously in favor of vacuum shovels in Rinehart. 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. How long will this take? Let us know what is happening in your neck of the woods. The permits are good perpetually, meaning that you pay for the permit in 2019, then if you want to dredge next year, you do not have to re-apply, just pay the fee and go dredge. Reg. 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. They have made these statements in front of two sitting California Senators. shannonp@americanminingrights.com, American Mining Rights Association from the gold rush or thirty five %. Code, 11340 et seq. Coulterville CA 95311- Afraid of the legal repercussions to dredge for reclamation purposes? General information regarding the ongoing litigation concerning suction dredging in California is available by case number at: www.courts.ca.gov. Home; Categories. 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. Many turned to drugs, alcohol and most of my rural towns dried up from the destruction of a renewable resource because of an owl. . Also, gravity dredging is legal in California because it is not motorized, right? Four-inch Proline excavator: Rod Schultz of Wichita, KS We had already developed the gravity extraction method on the previous project, so setting up the project was quite routine. Transportation and Traffic (PDF), Chapter 5. Reg. They found suction dredging deminimus and determined it should be permitted. P.O. This information will be made available for everyone. It will be nearly impossible for the CAWB to pull back this acknowledgment that dredging WILL be permitted next year. Permitting applications will be available in early Spring and we are shooting for the very first day of Spring which is March 20, 2019. They hate small scale mining and will do anything to shut it down. S222620.) 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. What`s interesting about these weekend projects is that they generate a lot of new ideas and innovations. As part of the effort, CDFW also prepared and certified a Subsequent Environmental Impact Report (SEIR) consistent with the California Environmental Quality Act (CEQA). High bankers, water pumps, track wheel chairs, trucks and even sluice boxes. 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. 641.) They have an unlimited bank roll of money in your tax payer dollars to defend whatever actions they create against us. 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. License and Revenue Branch Even once the dredge is brought in, the dredger will sample around in the River to find good gold bearing deposits and pay streaks that can be worked profitably with a dredge. 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 Department prepared and submitted the required report to the California Legislature (PDF) on April 1, 2013. This is really stupid. A place where a dead body is interred. 2015, ch. On June 27, 2012, the State of California enacted Senate Bill 1018 (SB 1018), amending Fish and Game Code section 5653.1. Notice a trend here? One person cannot change the world, he or she can only lead the way. Make the regulations/permits so costly, so onerous, so confounding that people give up. 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. 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! We view this new restriction as completely unnecessary and based on seriously flawed information provided by biased sources. That state and federal agencies ignore us, our voices and our rights should not surprise anyone by now. We cant win anything without the support of thousands of individuals. P.O. Thanks again to GPAA for their steadfast support of PLP through this long legal battle. Then, those concerns must be addressed through implementation of regulations which are least-restrictive upon people and . 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. After sucking up material for a while, place a wide tray, bucket or large gold pan at the end of the sluice. Code Regs., tit. The violation of the grave, by taking up the dead body, or stealing the coffin or grave clothes, is a misdemeanor at common law. Via email: commentletters@waterboards.ca.gov. There is 23 1/2 million ibs. 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. Notice Register 2014, No. With the Moratorium and 2012 dredge regulations invalidated by the Court, it is difficult to assess which, if any, state regulations remain in effect, though federal rules and regulations do apply. We expect you all to provide input. Attn: Ms. Jeanine Townsend, Clerk of the Board. 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. No permits will be required from DFG for suction dredging. 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. For a complete description of the covered activities, eligibility requirements, and conditions, please see OAR 141-089-0820 through . 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. Thank you, Gravity!" Anne-Marie E. Sargent. Standing 31 years strong for Multiple Use on Public Land RIGHTS. 28-Z, pp. In many cases, the first step in dredging is to remove the layer of overburden gravels which often cover the bedrock. As a result of extensive litigation, we managed to finally get the Moratoriumoverturnedin the Third Appellate Court. 19-Z, p. 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. I guess classic cars probably developed this method of mining at the turn of the century. Coulterville CA 95311, support@americanminingrights.com JCPDS4720.) As I stood there and watched, the two DFW guards came in their patrol car. They have an unlimited bank roll of money in your tax payer dollars to defend whatever actions they create against us. 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. If you recall, the DFG created a nightmare proposal on dredging, the one we recommended was nothing like that. The new Director, appointed by Governor Brown stopped all progress on the permits. ---MembershipDonationClaimsSend us a link/News articleGeneral Inquiry. (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. 1034-1035.) Box 100, Sacramento, CA 95812-2000. 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. 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. No. 5 out of 5 stars, based on 1,117 customer reviews. Initial Study and Notice of Preparation (PDF), Appendix E. Comparison of Suction Dredge Mining Regulations in the United States (PDF), Appendix F. Suction Dredge Survey and Summary of Results (PDF), Appendix G. Public Advisory Committee Meeting Summaries (PDF), Appendix H. Socioeconomic Report on Regulatory Amendments (PDF), Appendix I. Descriptions of Habitat Types Likely to Occur in or Adjacent to Proposed Program Activities (PDF), Appendix K. Detailed Life History Descriptions for, Appendix L. Species-Based Restrictions on Proposed Program Activities (PDF), Appendix M. Management of Invasive Species (PDF).