2.Enjoining the enforcement of the 2012 Regulations promulgated pursuant to 5653.1 of the Fish & Game Code; and License and Revenue Branch No permits will be required from DFG for suction dredging. The California Supreme Court has sinceconsented to Reviewthe Third Appellates unanimous Decision. 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. 2015, ch. 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. Nothing to sell you. They had discussed at a few of our meetings of coming up with an association, club or company type permit which entails a club (or similar) obtaining a permit and all members could dredge under that one 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. The Rinehart litigation stems from a criminal prosecution for unlawful suction dredging in 2012. The Rinehart litigation stems from a criminal prosecution for unlawful suction dredging in 2012. #6. 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. 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 had given up all hope and listed my brand new 4inch Proline(never used) that I have been sitting on for 5 years. At the same time, several prominent organizations and individuals opposed to resource development have spoken out against artisanal mining. What`s interesting about these weekend projects is that they generate a lot of new ideas and innovations. To them, so what if a suction dredge creates perfect fish habitat or that it removes 98% of the mercury from their drinking water. License and Revenue Branch Fantastic job, and you couldnt expect a better outcome. (Stats. 33-Z, p. S222620.) A permit will still be required from DFW in addition to the permit from CAWB. It is a final process, but not a mining method. Here in CA, I can see where an LEO would question a water wheel sluice as "mechanized". Standing 31 years strong for Multiple Use on Public Land RIGHTS. But gravity dredges are ok. Notwithstanding that authority, the use of any motorized vacuum or suction dredge equipment is prohibited in California, and CDFW is prohibited from issuing any related permits under the Fish and Game Code. (See generally Fish & G. Code, 5653, 5653.1, 12000, subd. Afraid of the legal repercussions to dredge for reclamation purposes? PLP is preparing to release materials that the CA Water Quality Control Board and the CA Fish & Wildlife Service may not want you to know about. Its one rule for you, one very sweet rule for them. Reg. 33-Z, p. You MUST be heard. California Code of Regulations (suction dredging). P.O. You must log in or register to reply here. Subscribe now to get the lates news and updates from PLP! 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. 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. You may recall that California`s third appellate court ruled unanimously in favor of vacuum shovels in Rinehart. This particular litigationextends all the way back to 2005, and has cost the mining community no less than a million dollars in legal expenses. WellI was part of a 10,000 person march on California's Capital when classic cars were being threatened by the Communists running California. Coulterville CA 95311- Pathetic. Box 944209, Sacramento, CA 94244-2090 | Sales Offices There are no seasons imposed upon the other types of surface mining activity. (Stats. How is it that other states dredge to create fish habitat, but California thinks it kills fish? a lot of material fell off the bank into the creek so you could also shovel into the banker. 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. So, last season, step by step, we developed this brand new method of open-pit mining (high banking). 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. Let that sink in for a minute.other states are dredging to create fish habitat. Join or renew today to know how to effectively and professionally counter the agencies while making Prospecting, Mining and Reclamation Great Again! 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. You are using an out of date browser. Quote. hasn't gotten their hands on yet in the rivers. 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. They have an unlimited bank roll of money in your tax payer dollars to defend whatever actions they create against us. 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. Join/Donate | Public Lands For The People, The Original. An appeal stemming from those proceedings is pending in Division Two of the Fourth Appellate District. 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. 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. THANK YOU! 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. Ct. San Bernardino County, Judicial Council Proceeding No. (a).) Most prospectors are now aware that the San Bernardino Supreme Court issued a statement on January 12, 2015, stating that the legislature`s moratorium on suction dredging and the recent passage of the Department of Fish & Wildlife (DFW) dredging regulations of 2012 are illegal and legally unenforceable. 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 […] 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. Notice Register 2014, No. Period. Maybe it is time to think out of the box. (Cal. Select Post; Deselect Post; Link to Post; Member. 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. shannonp@americanminingrights.com, American Mining Rights Association Back in August, 2009, the California legislature passed SB 670, which was the first ban on suction gold dredging in the state. Over the past week we have been in meetings, had calls and emails too numerous to list asking questions we know youd be asking because hell, they are what we would want to know as we are miners through and through like many of you. You see, at the time, they knew how beneficial dredging was to our waterways, now it`s a program. High bankers, water pumps, track wheel chairs, trucks and even sluice boxes. That's the only word I have to describe the GPAA leadershipPathetic. View Google Map 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. www.publiclandsforthepeople.org. Under the new regulations, the use of vacuum or suction dredging equipment is generally defined as the use of an extraction system to extract material from a river, stream or lake for mineral extraction. General information regarding the ongoing litigation concerning suction dredging in California is available by case number at: www.courts.ca.gov. CDFW adopted the amended regulatory definition of suction dredging through a regular noticed rulemaking action under the Administrative Procedure Act (Gov. 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. We cant win anything without the support of thousands of individuals. 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. They would then hold public comment meetings for the public to provide their input, then move forward from there with the permits. 2012, ch. JCPDS4720.) yeap they've over interpreted the law. I know, I grew up there and most of my friends were timber fallers and worked for logging companies. 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. However the CAWB has specifically stated they would like AMRA (Shannon Poe) to help them with the language and make sure the language does not encompass other equipment like the vague SB637. DFW has instructed all DFW LEO's as to what is and is not covered under the new law. Joey. Code Regs., tit. Notice Register 2012, No. CDFW adopted a comprehensive update of its suction dredge regulations effective April 27, 2012. You MUST speak out. A hearing on PLPs motion for the injunction will take place at 8:30 a.m., on June 23, 2015, or as soon thereafter as counsel may be heard, in the courtroom of the Honorable Gilbert G. Ochoa, Department S36J, located at 247 West Third Street, San Bernardino, CA 92415-0210. Coulterville CA 95311- We are including a link to the closed rivers, streams and areas in the state, and it will astound you as it did us. UPDATE AUGUST 2009: CA governor has approved new legislation banning all suction dredging within CA until a study is completed by the department of fish and game to determine if dredging is harmful to fish populations. ), CDFW regulations governing its suction dredge permitting program are found in the California Code of Regulations, Title 14, sections 228 and 228.5. They hate small scale mining and will do anything to shut it down. 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. (Id., 5653.1. 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.. The regs are intenionally open to interpretation and the obvious intent was to "be vague, sieze and prosecute" any form of mining save hands and pans. 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.. Gold Mining Sampling and Consulting Services. 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. What they concluded was dredging was deminimus, meaning it doesnt harm fish or fish habitat. 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. No, it is clear they do not. Key documents from CDFWs 2012 and 2014 environmental review and rulemaking efforts are available below, scrolling further down this webpage. "I'm proud to be a client of Gravity Legal and Gravity . from the gold rush or thirty five %. 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! Gravity Lending receives high ratings on both its Better Business Bureau (BBB) page and its Trustpilot page. . The Department prepared and submitted the required report to the California Legislature (PDF) on April 1, 2013. Permitting applications will be available in early Spring and we are shooting for the very first day of Spring which is March 20, 2019. See the Emergency Closures page before visiting a CDFW office, facility or property. As we pointed out in testimony at the Senate hearing on SB1222, panning is not, nor has it ever been a mining method. Under new state law effective January 1, . How would you like a new Proline 4 dredge for a dollar? (See generally Fish & G. Code, 5653, 5653.1, 12000, subd. This is really stupid. Unfortunately I just received this update in my email today. Reg. (a).). 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. I am merely making a point..that was in favor of miners. I talk with Jeff from time to time and find him to be one of the most honest and knowledgable miners around! The officers were polite and warm. , they stabbed us in the back every single time. We march from the Capital right over to the California Water Board just 4 blocks away. Latest Dredging Legal News MAY 28th, 2015. Learn how a Suction Nozzle works on a Gold Dredge. How much will permits cost? 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. We also do not know the specific regulations to a fine detail. Kind of hard to say an airplane is a wheelbarrow just because both have wheels and that is precisely what the vague language in SB637 did. ), SB 1018, among other things, directed the Department to consult with various agencies, and to provide recommendations to the Legislature by April 1, 2013 regarding statutory changes or authorizations necessary for the Department to promulgate regulations to implement Fish and Game Code section 5653 which will, among other things, fully mitigate all identified significant environmental effects and include a fee structure that will fully cover Department costs to administer its related permitting program. Reg. Steel Pan Junior Member. So the CAWB didnt toe the political line as some expected. 1034-1035.) The U.S. Supreme Court rejected a challenge Monday to California's ban on suction-dredge mining for gold, a technique that extracts minerals from riverbeds while dumping residue that can. Their Board of Directors voted unanimously it is deminimus (no harm). 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. Related litigation is also pending before the California Supreme Court. 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 . 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. 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. It was all pure politics and science was ignored. The case has yet to be decided at that level. shannonp@americanminingrights.com, Copyright 2021 American Mining Rights Association, The long awaited post about Suction Dredging in California. support@americanminingrights.com View Google Map JCPDS4720.) No compromise. So it looks like California`s suction gold excavator rights will remain in limbo until the California Supreme Court intervenes. from the gold rush or thirty five %. All the meetings that I have been in on CA Suction dredging with DFW. Its all a scam. People were cited, their equipment confiscated and fines were paid. E064087.). 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. The mining community challenged the new regulations as unreasonably restrictive. Keep up the great work. CAWB listened and while ultimately it was their decision on what permitting structure to go with, it is nothing like we feared. 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! 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. Wow just two comments here!! Soooooooo Kevin is wrongIt does workHe or they (GPAA leadership) wont do it. 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. Due to limited space, this event will be open to only RGM Mining Group members and/or PLP members., but worry not. We pointed out that this morphing of language was illegal, immoral and adversely affected 10s of thousands of people. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); American Mining Rights Assoc.
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