Box 100, Sacramento, CA 95812-2000. That is Awesome news. JCPDS4720.) Theyve passed laws which explicitly exclude them from any liabilities from their actions. CA DREDGING Legal Update | Public Lands For The People Water Quality and Toxicology (PDF), Chapter 4.4. I am merely making a point..that was in favor of miners. , they stabbed us in the back every single time. Therefore, since that was really all they left us with, we made that argument, which was quite compelling that this is a ban and an illegal prohibition on small scale mining. It has now been 10 years since we could legally suction dredge in California. 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. As I stood there and watched, the two DFW guards came in their patrol car. 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. National Pollutant Discharge Elimination System (NPDES) - California 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. Gravity dredge and sluice | Message Board - ProBoards Prohibits the Department from issuing any suction dredging permits absent a complete application which must include, among other things, a copy of any water quality permit or other authorization required by the State Water Resources Control Board or the relevant Regional Water Quality Control Board, or the U.S. Army Corps of Engineers, or a written determination by such agency that no water quality permit or other such authorization is necessary; Conditions Department issuance of permits on regulations implementing the section that must ensure the use of vacuum or suction dredge equipment will not cause any significant effects to fish and wildlife, as opposed to prior law which conditioned the issuance of permits on regulations ensuring suction dredging would not be deleterious to fish; Provides the Department with authority to adjust permit fees to an amount sufficient to cover all reasonable costs incurred by the Department to regulate suction dredging as provided by the Fish and Game Code; Directs the Department to work with the State Water Resources Control Board and the Regional Water Quality Control Boards regarding potential violations of requirements, conditions, or prohibitions governing the use of vacuum or suction dredge equipment; and. ), effective August 4, 2014. Science should prevail, not emotion or how someone feels it might, may, could or potentially impact a waterway. But most of all, our AMRA staff. 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 . The New 49'ers Legal Fund. 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. It's one rule for you, one very sweet rule for them. Public Lands for the People (PLP) is proud to announce thatSuction Dredging will resume in most of Californiain a form bypassing most of the CA Fish & Wildlife and CA Water Boards red tape! 2. Facts and science. 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. 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. Its one rule for you, one very sweet rule for them. 1.Enforcing the provisions of the Fish & Wildlife Code prohibiting suction dredge mining in the rivers, streams, and waterways of California without a permit, and possessing a suction dredge near closed waterways; 2.Enjoining the enforcement of the 2012 Regulations promulgated pursuant to 5653.1 of the Fish & Game Code; and. The mining community challenged the new regulations as unreasonably restrictive. California passed a law (signed by Brown in Jan 2016), SB637 and because of that and their right to reasonable regulation in the state, we must abide by it until things can either be reversed, or changed at the federal level. Box 944209, Sacramento, CA 94244-2090 | Sales Offices CDFW adopted a comprehensive update of its suction dredge regulations effective April 27, 2012. All the meetings that I have been in on CA Suction dredging with DFW. The permit costs we expect to be around $200 or close to it. 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. The new Director, appointed by Governor Brown stopped all progress on the permits. 28-Z, pp. Like the fight for our very Republic. Regardless, Im not surprised in the least, and am definitely IN regarding the march/protest if given decent notice. CDFW amended the regulatory definition of suction dredging as an emergency action effective June 28, 2013. E064087.). 1) Participation in the Administrative Process: The EIR on suction dredging in California must be completed through a CEQA Process (California Environmental Quality Act); which, based upon best available science, requires the authorities to identify any important concerns. 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. Related litigation is also pending before the California Supreme Court. SB637 morphed into a defacto prohibition on mining as it then labeled all things as suction dredges. Your excavator only collects 93% of the mercury, while ours collects many more. is gravity dredging legal in california. I had given up all hope and listed my brand new 4inch Proline(never used) that I have been sitting on for 5 years. I have hope again thank you AMRA! Notice Register 2012, No. I guess classic cars probably developed this method of mining at the turn of the century. 19-Z, p. apart that were adopted jan. 1 2016 and there is no ban on gravity suction but its all water board here in ca, that's calling the shots, a bunch of gay and lesbian appointees that live at lake Tahoe and run down every mourning to see if there is a turd floating on the lake. 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. THANK YOU! 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. 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. 2012, ch. Box 944209, Sacramento, CA 94244-2090 | Sales Offices The Rinehart case awaits a decision by the California Supreme Court. Its all a scam. 680, 2-3.) Our office automatically generates a ticket on your behalf for every $10 legal contribution we receive ($100 generates 10 tickets). It is like stepping up to a group of bullies who are picking on a 12 year old girl. (Stats. 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. I dredge multiple rivers, do I need a permit for each waterway? We cant win anything without the support of thousands of individuals. 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. These are incredibly restrictive and onerous. Reg. 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. S222620.) It is about their ideology, not facts, science, truth or even something as basic as common sense. Fish and Game Code Section 5653, Appendix B. Maybe it is time to think out of the box. (a).) 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. Im proud to be a member of the AMRA association. ), effective August 4, 2014. 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. No, it is clear they do not. They found suction dredging deminimus and determined it should be permitted. Here in CA, I can see where an LEO would question a water wheel sluice as "mechanized". California Code of Regulations (suction dredging). The case has yet to be decided at that level. 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). Reg. 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. Then, those concerns must be addressed through implementation of regulations which are least-restrictive upon people and . 14, 228, 228.5; Cal. Much of what they do in the form of laws and regulations do in fact infringe upon our rights, but do they care? This is really stupid. 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. Join/Donate | Public Lands For The People. They've passed laws which explicitly exclude them from any liabilities from their actions. Is gold dredging legal in California? - KnowledgeBurrow.com Attn: Ms. Jeanine Townsend, Clerk of the Board. 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! 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. Well, it is because this is all political and not scientific (like you guys didnt know that). Fish and Game Code Section 5653, Appendix B. Join/Donate | Public Lands For The People, The Original. Notice Register 2012, No. 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. Notice Register 2013, No. Keep up the hard work. DFW has instructed all DFW LEO's as to what is and is not covered under the new law. Key documents from CDFWs 2012 and 2014 environmental review and rulemaking efforts are available below, scrolling further down this webpage. Several industry Associations have stepped up and contributed to the legal effort. Tom. PLP is hopeful that the Court will grant their requested injunction against DF&W. 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. 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. Individuals engaged or interested in otherwise lawful instream mining should be aware that other environmental laws may apply to these various other mining practices. Joey. Under that authority, the use of any vacuum or suction dredge equipment by any person in any river, stream or lake in California is prohibited, unless authorized under a permit issued by CDFW. In addition we have identified some fantastic suction dredging opportunities for our members in Southern Oregon. Give Gift; Back to Top; Post by Steel Pan on May 20, 2010 7:54:18 GMT -5. Ct. San Bernardino County, Judicial Council Proceeding No. California's ban on the use of suction dredges to extract gold from rivers is legal and not overridden by a 19th century federal law that allows mining on federal land, the California. Reg. Coulterville CA 95311- No dredging during spawning season (which we support). Afraid of the legal repercussions to dredge for reclamation purposes? Then AMRA introduced SB1222 and things busted wide open. Water Quality and Toxicology (PDF), Chapter 4.4. In his Decision, Judge Ochoa ruled that both the Moratorium and the 2012 suction dredge regulations are unconstitutional. 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. How would you like a new Proline 4 dredge for a dollar? Period. We wonThey exempted classic cars from their tyrannical smog check ll program. When the lawsuit last year was settled by PLP, WMA and a few others, this locked the California miners into these regulations. Suction dredge mining, a practice in which individuals use vacuum-like devices to extract minerals from the bottom of waterways, has been restricted by a series of new laws passed in the. It was all pure politics and science was ignored. That state and federal agencies ignore us, our voices and our rights should not surprise anyone by now. Learn to dredge legally without permits and without fear for the purpose of reclamation! 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. 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. Related litigation is also pending before the California Supreme Court. (Cal. JCPDS4720.) support@americanminingrights.com The beauty of this gravity extraction is that we don`t have to spend time and effort packing the very wide paid dirt. We march from the Capital right over to the California Water Board just 4 blocks away. California suction dredge update - American Mining Rights Association The Rinehart litigation stems from a criminal prosecution for unlawful suction dredging in 2012. 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. 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. 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. We pointed out that this morphing of language was illegal, immoral and adversely affected 10s of thousands of people. Simply put.Dredging is coming back to California Spring of next year. 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. No, it is clear they do not. California Closes Suction Dredge Mining Loophole - Biological Diversity There is 23 1/2 million ibs. (Fish & G. Code, 5653.1, subd. See below for legal details. An appeal stemming from those proceedings is pending in Division Two of the Fourth Appellate District. 2015, ch. thankfully where I go you would likely find bigfoot before you found me. How is it that other states dredge to create fish habitat, but California thinks it kills fish? 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. (People v. Rinehart, No. 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. At the same time, several prominent organizations and individuals opposed to resource development have spoken out against artisanal mining. As always, thank you for the update, as well as for everything you do. Its all a scam. 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. 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. We view this new restriction as completely unnecessary and based on seriously flawed information provided by biased sources. I costs them nothing. The 2012 Department of Fish and Wildlife (DFW) regulations. To access the Fish and Game Code and CDFWs suction dredge regulations, please click on the following link: On March 16, 2012 CDFW completed a multi-year environmental review and rulemaking effort to update its suction dredge regulations implementing Fish and Game Code section 5653. Now they just watch their forests burn. preempt California Fish and Game Code sections 5653 and 5653.1 with respect to the use of vacuum and suction dredging equipment? I can see where some hack could interpret Mechanized to mean anything that gives a man a mechanical advantage..shovels,levers, bars, pans, etc. The legal arguments can be found here. In other words, you can do them at any time of the year. In many cases, the first step in dredging is to remove the layer of overburden gravels which often cover the bedrock. Federal law defines a gravity knife as one that opens by operation of inertia, gravity or both. The New 49er Legal Fundwas first in and remains on the front line of the battle after all these years. Deep in the redwoods of the TRUE Northern CA, https://www.wildlife.ca.gov/Licensing/Suction-Dredge-Permits. Water Board Explores Suction Dredge Mining in Wild Rivers I know, I grew up there and most of my friends were timber fallers and worked for logging companies. Therefore we are hereby adopting these Emergency Rules for the duration of this period of uncertainty. All legal entries received at our office after this draw will automatically generate tickets for the next New 49`ers Legal Fund draw. Gravity legal definition of gravity - TheFreeDictionary.com This is truly a great win for all gold miners! There are no seasons imposed upon the other types of surface mining activity. I know electric and gas motors are not allowed. In mid-January 2019, we started inquiring as to where the process was as their timeline was now present to go public, and we were told the 6 people at the CAWB department tasked with this permitting program were reduced to just 2. We are including a link to the closed rivers, streams and areas in the state, and it will astound you as it did us. They have made these statements in front of two sitting California Senators. Steel Pan Junior Member. Code Regs., tit. Here is the court`s decision. Only gamble with what you care to lose. 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 part of the effort, CDFW also prepared and certified a Subsequent Environmental Impact Report (SEIR) consistent with the California Environmental Quality Act (CEQA). Back in August, 2009, the California legislature passed SB 670, which was the first ban on suction gold dredging in the state. (In re Suction Dredge Mining Cases, No. We also do not know the specific regulations to a fine detail. We find it a bit odd that right before the 10 year fight for suction dredging seems to be gaining some ground, this happens. www.publiclandsforthepeople.org. 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. (Cal. Other Statutory Considerations (PDF), Appendix A.. 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. 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. (Stats. 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. We encourage you to watch this page concerning suction dredge seasons in the coming weeks as the situation develops. Nothing to sell you. Some believe the state cannot regulate suction dredging and we agree to some degree here at AMRA, but what would happen if you dredged right now without the permit mandated by SB637? Subscribe now to get the lates news and updates from PLP! We would like to meet you and of course say Hi to old friends. This section and section 5653.1 do not apply to non-motorized recreational mining activities, including gold panning, prohibit or restrict them. 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.. I just joined AMRA (thanks to Jeff at Proline). What follows is an update of where we stand legally and what happens next on June 23rd in the combined cases being heard in San Bernardino. 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. Code Regs., tit. Here is a link to a summary provided by our lawyer. 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. In researching that path, we made a rather significant breakthrough. 2020 Reinke Mining Adventures & Services Inc. All rights reserved. Reclamation Dredging in California! Reinke Mining Adventures (a).) Mining & Dredging Seasons in California - goldgold.com Transportation and Traffic (PDF), Chapter 5. California Penal Code Section 17235 states that folding knives are legal in the state if they are in the folded position. P.O. We are winning and plan on finishing strong! 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.
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