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. on. 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. I'm glad he isupstream from us because he's sent plenty of fine gold and flakes our way. 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. (Cal. Sound familiar? Since the Court ruled that Californias dredge permitting moratorium is unconstitutional, making it unenforceable as a matter of law, The New 49ers are not going to prohibit suction dredging on our mining properties. preempt California Fish and Game Code sections 5653 and 5653.1 with respect to the use of vacuum and suction dredging equipment? The politicians understand one thingthey cannot continue to piss off their constituents (those in their districts) and get re-elected. 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. ), effective August 4, 2014. The new Director, appointed by Governor Brown stopped all progress on the permits. We believe strongly since this is incidental fallback, like a dredge, it adds nothing and does not cause any adverse impacts on California waterways. PO Box 467 I dredge multiple rivers, do I need a permit for each waterway? 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. Last year PLP released its strategy for a path for legally re-starting suction dredging in 2021. Permitting applications will be available in early Spring and we are shooting for the very first day of Spring which is March 20, 2019. 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. Coulterville CA 95311, support@americanminingrights.com Simply put.Dredging is coming back to California Spring of next year. Unfortunately I just received this update in my email today. 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. High bankers, water pumps, track wheel chairs, trucks and even sluice boxes. Back in August, 2009, the California legislature passed SB 670, which was the first ban on suction gold dredging in the state. 3.Mandating the development of a permit program and regulations that do not stand as an obstacle to the full purposes and objectives of the Federal mining laws. Subscribe now to get the lates news and updates from PLP! Will I need to get a DFG permit like we did in 2009 in addition to the CAWB permit? On June 27, 2012, the State of California enacted Senate Bill 1018 (SB 1018), amending Fish and Game Code section 5653.1. What`s interesting about these weekend projects is that they generate a lot of new ideas and innovations. 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. 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. P.O. I can see where some hack could interpret Mechanized to mean anything that gives a man a mechanical advantage..shovels,levers, bars, pans, etc. Like the fight for our very Republic. 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. Reg. palmetto high school basketball tickets 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. 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. 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. Generators to run lights in the desert at night, track wheelchairs for the disabled and we even know of one man who was told his truck aided in his mining activities and could be subject to confiscation. All Rights Reserved. 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. We will be at the GPAA Gold and Treasure show this weekend in Charlotte, NC. The Rinehart litigation stems from a criminal prosecution for unlawful suction dredging in 2012. 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. 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. 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. Dec 5, 2010 1,702 1,477. Well, it is because this is all political and not scientific (like you guys didnt know that). 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. 14, 228, 228.5; Cal. The beauty of this gravity extraction is that we don`t have to spend time and effort packing the very wide paid dirt. 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. (c)(1).). Make the regulations/permits so costly, so onerous, so confounding that people give up. Notice Register 2013, No. (Cal. An appeal stemming from those proceedings is pending in Division Two of the Fourth Appellate District. 2012, ch. 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. The use of vacuum or suction dredge equipment, otherwise known as suction dredging, is currently prohibited and unlawful throughout California. PO Box 467 See the Emergency Closures page before visiting a CDFW office, facility or property. 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. Ct. San Bernardino County, Judicial Council Proceeding No. No permits will be required from DFG for suction dredging. 39, 7. The 2012 Department of Fish and Wildlife (DFW) regulations. In other words, you can do them at any time of the year. There are no after season, nor continual season reporting requirements like DFG proposed in 2012 like keeping a diary and all that nonsense. General information regarding the ongoing litigation concerning suction dredging in California is available by case number at: www.courts.ca.gov. This is precisely what the CAWB scientists and those tasked with this project did. (See generally Fish & G. Code, 5653, 5653.1, 12000, subd. 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. 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. Our project assistants do a lot of prospecting themselves; Therefore, they always find a more efficient way to recover gold. We wonThey exempted classic cars from their tyrannical smog check ll program. Ct. San Bernardino County, Judicial Council Proceeding No. Coulterville CA 95311- No. We also do not know the specific regulations to a fine detail. -Your Board of Directors. You MUST be heard. 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. (Suction Dredge Mining Cases, Super. Pathetic. How would you like a new Proline 4 dredge for a dollar. You MUST speak out. No dredging during spawning season (which we support). Let us know what is happening in your neck of the woods. But most of all, our AMRA staff. We find it a bit odd that right before the 10 year fight for suction dredging seems to be gaining some ground, this happens. Any gravity or siphon dredge used may not have an intake nozzle or hose that has an inside diameter exceeding four inches. (Id., 5653.1. (In re Suction Dredge Mining Cases, No. 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. Last year PLP released its strategy for a path for legally re-starting suction dredging in 2021. They've passed laws which explicitly exclude them from any liabilities from their actions. 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. It was all pure politics and science was ignored. Both Mr. Godfrey and Mr. Osterbrink deserve praise for standing up and successfully fighting the CA Regional Water Quality Control Board (EPA) experts, the CA Dept. ), CDFW regulations governing its suction dredge permitting program are found in the California Code of Regulations, Title 14, sections 228 and 228.5. This particular litigationextends all the way back to 2005, and has cost the mining community no less than a million dollars in legal expenses. There is 23 1/2 million ibs. 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. 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 […] P.O. Join/Donate | Public Lands For The People, The Original. 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.
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