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. Permitting applications will be available in early Spring and we are shooting for the very first day of Spring which is March 20, 2019. Key documents from CDFWs 2012 and 2014 environmental review and rulemaking efforts are available below, scrolling further down this webpage. (People v. Rinehart, No. 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. 14, 228, 228.5; Cal. completely legal even in the non motorized areas and just drives them crazy. After sucking up material for a while, place a wide tray, bucket or large gold pan at the end of the sluice. For more information, visit, Subscribe To RGM Mining GroupMining claims for saleStore, Mining Claim Sales | (530)913-1563 | joshreinke@hotmail.com. 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. This is precisely what the CAWB scientists and those tasked with this project did. 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 . 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. 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? 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. 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. support@americanminingrights.com 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? Notice Register 2013, No. Based upon the Courts Ruling and Order, on May 18, 2015, PLP filed a motion, along with The New 49ers, for an injunction against DF&W from: 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; (Fish & G. Code, 5653.1, subd. Its one rule for you, one very sweet rule for them. Let that sink in for a minute. No, it is clear they do not. So it looks like California`s suction gold excavator rights will remain in limbo until the California Supreme Court intervenes. There are no after season, nor continual season reporting requirements like DFG proposed in 2012 like keeping a diary and all that nonsense. In the `80s and `90s, before the opposition party really took off and seeped into many of our regulators, the USFS called gold clubs, groups and associations and asked members to dredge water after a wildfire because they wanted the fish to come back. 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. can general dentists do bone grafts; apple tartlets with pillsbury pie crust; what bulbs will squirrels not eat; 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 will be demonstrating to the public how to responsibly, and legally, use a suction dredge for the purpose of reclamation. In his Decision, Judge Ochoa ruled that both the Moratorium and the 2012 suction dredge regulations are unconstitutional. Join/Donate | Public Lands For The People. They are holding hearings right now on the mercury issue and there idiotic assumption is that dredging stirs it up and of course they say we are not catching it. On June 27, 2012, the State of California enacted Senate Bill 1018 (SB 1018), amending Fish and Game Code section 5653.1. Period. We would like to meet you and of course say Hi to old friends. Training, best practices, written rules, etc We are not overly fond of this. 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. All Rights Reserved. So as you can see, this is monumental. 641.) Your excavator only collects 93% of the mercury, while ours collects many more. 28-Z, pp. Attn: Ms. Jeanine Townsend, Clerk of the Board. 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. When the lawsuit last year was settled by PLP, WMA and a few others, this locked the California miners into these regulations. 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. Firstly, we know you are as skeptical as we are, after all, weve been told things over the past 9 years (like rulings from courts and such) which give us hope, but it always ended up being the same BS, delays, denials and shutdowns The small mining community donated millions to go to court, Brandon Rinehart was dragged through many court battles and that too we all donated to. 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. Any gravity or siphon dredge used may not have an intake nozzle or hose that has an inside diameter exceeding four inches. (Cal. 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. Are gravity knives considered automatic knives? Copyright 2023 by Gold Prospectors Association of America. 1034-1035.) , they stabbed us in the back every single time. 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. Joey. (Cal. (In re Suction Dredge Mining Cases, No. So here we are, late March of 2019 and this is where we are now: The CAWB has obtained some of their staffing back and we are being told they are back on track of developing the draft proposal to take it public once again. What the Miners now seek is the practical mechanism by which this Courts Ruling and Order is implemented in reality, so that the purpose and objectives of the Federal mining laws can again become a living and practical presence in their lives. 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. Home; Categories. 3. 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. 2020 Reinke Mining Adventures & Services Inc. All rights reserved. The case has yet to be decided at that level. The end result of the Courts Ruling and Order is that California Fish & Game Code 5653.1, and the 2012 Regulations promulgated thereunder by the Department of Fish & Wildlife (DF&W,) are declared unconstitutional, as being preempted by the Federal mining laws. 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. Also, gravity dredging is legal in California because it is not motorized, right? Code Regs., tit. Coulterville CA 95311, support@americanminingrights.com See additional related information. (See generally Fish & G. Code, 5653, 5653.1, 12000, subd. Box 944209, Sacramento, CA 94244-2090 | Sales Offices That state and federal agencies ignore us, our voices and our rights should not surprise anyone by now. It may not display this or other websites correctly. Other Statutory Considerations (PDF), Appendix A.. Even if there are no more political or staffing interruptions, it is highly unlikely any permitting will be available in 2019. Gold Mining Sampling and Consulting Services. Let us know what is happening in your neck of the woods. We were told some of these folks left for other jobs, what we are hearing from our insiders is a bit different. Reg. See below for legal details. -Your Board of Directors. Nothing to sell you. 641.) 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. Mining equipment may not be used where freshwater mussels or Pacific lamprey are present. of mercury missing in ca. (Cal. 39, 7. An appeal stemming from those proceedings is pending in Division Two of the Fourth Appellate District. What specific rivers/waterways will have a season, although it appears as it is exactly like it was in 2009. 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. We will be at the GPAA Gold and Treasure show this weekend in Charlotte, NC. People were cited, their equipment confiscated and fines were paid. 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. Via email: commentletters@waterboards.ca.gov. As I stood there and watched, the two DFW guards came in their patrol car. 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. 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. I was literally hours from selling it for $4000.00 and to abandon any hope of ever mining again. Notice Register 2014, No. The politicians understand one thingthey cannot continue to piss off their constituents (those in their districts) and get re-elected. This is what we call gravity extraction. This is a new method in modernity. 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. Very grateful!!! 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. The CAWB stated last summer in our numerous and continual conversations with them that they had in fact agreed to permit dredging and would release the draft proposal in January of 2019. We believe strongly since this is incidental fallback, like a dredge, it adds nothing and does not cause any adverse impacts on California waterways. To them, so what if a suction dredge creates perfect fish habitat or that it removes 98% of the mercury from their drinking water. 33-Z, p. They have an unlimited bank roll of money in your tax payer dollars to defend whatever actions they create against us. It has now been 10 years since we could legally suction dredge in California. A place where a dead body is interred. (a).). 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. Well be addressing this idea at a later date, but sooner rather than later. 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. 2012, ch. PO Box 467 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. In its motion for an injunction, PLP, among numerous other matters, asserted that the injunction should be granted because DF&W is continuing to violate the rights of the Miners by prohibiting suction dredge mining, and making the Courts grant of summary adjudication ineffectual. Customer reviews verified as of. Sad isn't it? Federal law defines a gravity knife as one that opens by operation of inertia, gravity or both. hasn't gotten their hands on yet in the rivers. View Google Map 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 generally Fish & G. Code, 5653, 5653.1, 12000, subd. Then, those concerns must be addressed through implementation of regulations which are least-restrictive upon people and . This is perhaps the most significant legal dispute regarding U.S. mining in our lifetime. Ct. San Bernardino County, Judicial Council Proceeding No. 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. Easy to build. I'm glad he isupstream from us because he's sent plenty of fine gold and flakes our way. Select Post; Deselect Post; Link to Post; Member. PO Box 467 The mining community challenged the new regulations as unreasonably restrictive. 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 . If you recall, the DFG created a nightmare proposal on dredging, the one we recommended was nothing like that. PLP can say with confidence that the agencies will never treat responsible PLP members the same again. 680, 2-3.) The regulations as approved by the Office of Administrative Law (OAL) and filed with the Secretary of State took effect consistent with the Administrative Procedure Act (APA) on April 27, 2012. 19-Z, p. They would then hold public comment meetings for the public to provide their input, then move forward from there with the permits. (Cal. 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. Our office automatically generates a ticket on your behalf for every $10 legal contribution we receive ($100 generates 10 tickets). So I decided to try my hand at this using a different concept with 100 ft. of 3' corrugated plastic pipe necked down to 11/2" at the bottom to make head and ai11/4" suction hose .At first I used a sluice then a bucket dumping into a sluice and last converting an old high banker into a stream banker by opening up the end. The use of vacuum or suction dredge equipment, otherwise known as suction dredging, is currently prohibited and unlawful throughout California. of mercury missing in ca. 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. Anti-mining activists challenged the new regulations as not restrictive enough. 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. (Cal. CDFW regulates suction dredging and the use of any related equipment in California pursuant to Fish and Game Code section 5653 specifically. We do not know, but due to the fact that they are following the EPA NPDES permitting structure, it is likely to be expensive. 22 et seq.) Keep up the great work. Department of Fish and Game, who is currently required to obtain a permit from.will be eliminated. Come to court in support if you can. Public Lands for the People (PLP) and Reinke Mining Adventures & Services are gearing up to demonstrate how to legally repurpose your dredge. The safe is one of many methods for separating gold from dredged materials. 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. Hello Friends, 2015, ch. Well TomIt's up to you and I and the few folks here who care about itTo actually do something about it. By order of the Judicial Council of California, various ongoing civil proceedings are coordinated in San Bernardino County Superior Court. Here in CA, I can see where an LEO would question a water wheel sluice as "mechanized". 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. About suction dredging in California: As all of you are probably aware, there is a moratorium on suction dredging in California. #6. To quote one of the Senators, they didnt see that support coming. 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. Folks, this is serious stuff here. According to the web page of the California Supreme Court, the case presents the following issue: Does the Mining Act of 1872 (30 U.S.C. Reg. 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. Meanwhile, just in case you do not know, this new law only stops suction dredging within Californias active waterways. preempt California Fish and Game Code sections 5653 and 5653.1 with respect to the use of vacuum and suction dredging equipment? 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. I know electric and gas motors are not allowed. 2012, ch. I dredge multiple rivers, do I need a permit for each waterway? (a).) I tore the fish and game regs. The regulations as approved by the Office of Administrative Law (OAL) and filed with the Secretary of State took effect consistent with the Administrative Procedure Act (APA) on April 27, 2012. 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. 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. Theyve passed laws which explicitly exclude them from any liabilities from their actions. This section and section 5653.1 do not apply to non-motorized recreational mining activities, including gold panning, prohibit or restrict them. 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. (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 event will be held on one of the RGM group claims. 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. is gravity dredging legal in california +1 (760) 205-9936. 22 et seq.) Transportation and Traffic (PDF), Chapter 5. 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. PLP stated to the Court: One person cannot change the world, he or she can only lead the way. 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. What they concluded was dredging was deminimus, meaning it doesnt harm fish or fish habitat. 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 view this new restriction as completely unnecessary and based on seriously flawed information provided by biased sources. Posts: 80 Gravity dredge and sluice May 20, 2010 7:54:18 GMT -5 . We know youll have questions, and if we can answer them, we will, if we cannot, we will get them. PO Box 467 They hate small scale mining and will do anything to shut it down. Only gamble with what you care to lose. The Rinehart litigation stems from a criminal prosecution for unlawful suction dredging in 2012. 14, 228, 228.5; Cal. 2015, ch. 2.Enjoining the enforcement of the 2012 Regulations promulgated pursuant to 5653.1 of the Fish & Game Code; and Many turned to drugs, alcohol and most of my rural towns dried up from the destruction of a renewable resource because of an owl. Facts and science. 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. Coulterville CA 95311- They found suction dredging deminimus and determined it should be permitted. Cost: It is not going to be $2000 like someone posted on FB, that is incorrect. Afraid to go back in the water? 19-Z, p. Under existing state law the California Department of Fish and Wildlife is also currently prohibited from issuing any permits for suction dredging in California under the Fish and Game Code. From the President of AMRA on California suction dredging; First of all, we would like to apologize for the length of this write up, but it is necessary. 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. Rich Krimm and John Rose continue to oversee excavation work on these projects.
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