document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); American Mining Rights Assoc. of Fish & Wildlife, and the Forest Service to help give us that path to legally resume suction dredging in California. from the gold rush or thirty five %. 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. What they concluded was dredging was deminimus, meaning it doesnt harm fish or fish habitat. 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. 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. Many turned to drugs, alcohol and most of my rural towns dried up from the destruction of a renewable resource because of an owl. Of course, the more paid dirt we deal with, the more gold we will recover. CDFW adopted the amended regulatory definition of suction dredging through a regular noticed rulemaking action under the Administrative Procedure Act (Gov. The event will be held on one of the RGM group claims. The politicians and courts didnt give us much to trust in their words. 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. The 2012 Department of Fish and Wildlife (DFW) regulations. There will be no site specific studies required for any permits. Fantastic job, and you couldnt expect a better outcome. 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. 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. Mining equipment may not be used where freshwater mussels or Pacific lamprey are present. 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. Oh, by the way, they also claim that they are going to throw the gold into the river since it is not poison.. How would you like a new Proline 4 dredge for a dollar. 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. 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. For a better experience, please enable JavaScript in your browser before proceeding. All Rights Reserved. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); American Mining Rights Assoc. Dear Water Board Members: I strongly support the Water Board's provision in the draft National Pollutant Discharge Elimination System (NPDES) General Permit for . Learn to dredge legally without permits and without fear for the purpose of reclamation! Mar 19, 2012. In other words, you can do them at any time of the year. On June 27, 2012, the State of California enacted Senate Bill 1018 (SB 1018), amending Fish and Game Code section 5653.1. 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. Other Statutory Considerations (PDF), Appendix A.. It does not have anything to do with the other types of prospecting or mining that we do in California. (Stats. 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). 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. There is 23 1/2 million ibs. Anti-mining activists challenged the new regulations as not restrictive enough. This decision ensures that California`s water quality, fisheries, and cultural sites are protected from suction dredging and similar forms of mechanized recreational mining. Suction dredging uses machines to suck gravel and sand from streams and river bottoms in search of gold. CDFW adopted a comprehensive update of its suction dredge regulations effective April 27, 2012. All Treasure Hunting. Notice Register 2012, No. shannonp@americanminingrights.com, American Mining Rights Association 641.) This is really stupid. Well TomIt's up to you and I and the few folks here who care about itTo actually do something about it. 641.) preempt California Fish and Game Code sections 5653 and 5653.1 with respect to the use of vacuum and suction dredging equipment? (In re Suction Dredge Mining Cases, No. The case is so dry based on established federal law that the miners have asked the Federal Court for an expedited summary decision, hoping to save their 2016 season. 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.. Much of what they do in the form of laws and regulations do in fact infringe upon our rights, but do they care? 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. 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. Cost: It is not going to be $2000 like someone posted on FB, that is incorrect. Join/Donate | Public Lands For The People. P.O. 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. 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 . License and Revenue Branch 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. 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. See below for legal details. So literally right before going public, they had 2/3s of their staff gone from the department. Trimmable Sluice Box Matting. You MUST participate. The permit costs we expect to be around $200 or close to it. Related litigation is also pending before the California Supreme Court. PLP stated to the Court: They've passed laws which explicitly exclude them from any liabilities from their actions. Come out to the Gold Show Saturday and Sunday, May 30th and 31st in Charlotte and say hello! In this case, the question is whether federal law prevents the State of California from imposing substantial interference with mining or prospecting on public lands. At the same time, several prominent organizations and individuals opposed to resource development have spoken out against artisanal mining. Reg. 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. No, it is clear they do not. 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. It would be nice to know when we turn around and look behind us that there are 100,000 small miners also willing to defend the girl. Do we have to keep silly diaries and all the other documentation like what was proposed before? Please be advised that these other types of mining activity along New 49er properties are subject to a our set of Surface Mining Operational Guidelines. How many of you called? If mercury is being stirred by dredging, why has the government just given over a million dollars for mercury to the Sierra Fund (a super-liberal environmental group)? No, it is clear they do not. The mining community challenged the new regulations as unreasonably restrictive. Love all the work and appreciated every single one of you who participated in making this possible for all of us. Notice Register 2013, No. This is perhaps the most significant legal dispute regarding U.S. mining in our lifetime. If you havent renewed your membership lately, you can do so on our new website: This is what we call gravity extraction. This is a new method in modernity. 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. Join/Donate | Public Lands For The People, The Original. 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. (People v. Rinehart, No. Last year PLP released its strategy for a path for legally re-starting suction dredging in 2021. Afraid of the legal repercussions to dredge for reclamation purposes? Fish and Game Code Section 5653, Appendix B. H. Hefty1 Bronze Member. Gravity Lending receives high ratings on both its Better Business Bureau (BBB) page and its Trustpilot page. 2. Keep up the great work. Seize and prosecute. Gold Mining Sampling and Consulting Services. Here is a link to a summary provided by our lawyer. (In re Suction Dredge Mining Cases, No. 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. 27 Davis Road, Happy Camp, California 96039. I have hope again thank you AMRA! We are very pleased with the decision of the California Department of Fish and Wildlife to act quickly, said Leaf Hillman, director of natural resources for the Karuk tribe. 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. 14, 228, 228.5; Cal. Cant dredge certain times of the day, some areas are completely eliminated, log books must be kept, cant dredge near a bank.on and on. Link to DFW river restrictions is included here: A few weeks ago we posted links, a narrative and phone numbers for Senators who needed to hear from you on this whole process. Jan 10, 2015 873 . (a).) There are no seasons imposed upon the other types of surface mining activity. PO Box 467 They would then hold public comment meetings for the public to provide their input, then move forward from there with the permits. 3. Let that sink in for a minute.other states are dredging to create fish habitat. Back in August, 2009, the California legislature passed SB 670, which was the first ban on suction gold dredging in the state. How would you like a new Proline 4 dredge for a dollar? Learn how a Suction Nozzle works on a Gold Dredge. 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. But members who choose to dredge should be aware that they may be hassled by the authorities, and even face the possibility criminal prosecution. 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. (Cal. (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. Surprisingly to them, that did not happen. #6. 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. 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. 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. 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. At least six other lawsuits have been filed in California which challenge both the Moratorium and the new suction dredge regulations which DFW ultimately adopted in 2012. a lot of material fell off the bank into the creek so you could also shovel into the banker. Reg. Now they just watch their forests burn. (Stats. The legal arguments can be found here. 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. on. 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. 19-Z, p. (Cal. We believe strongly since this is incidental fallback, like a dredge, it adds nothing and does not cause any adverse impacts on California waterways. 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. 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. 1034-1035.) There is always someone who develops a new way of doing things. DFG will be the enforcement arm and will be the agency tasked with checking for permits like we all remember.although in decades of dredging with a permit, I never once got checked. 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. 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. As I stood there and watched, the two DFW guards came in their patrol car. E064087.). Unfortunately I just received this update in my email today. How long will this take? We will be at the GPAA Gold and Treasure show this weekend in Charlotte, NC. 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. 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. Only gamble with what you care to lose. Key documents from CDFWs 2012 and 2014 environmental review and rulemaking efforts are available below, scrolling further down this webpage. 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. (Cal. Let that sink in for a minute. Training, best practices, written rules, etc We are not overly fond of this. S222620.) Join or renew today to know how to effectively and professionally counter the agencies while making Prospecting, Mining and Reclamation Great Again! I suggested a 10,000 person march on the California Capital to secure our 1872 Mining Act rightsKevin Hoagland didn't think it was a good idea. ---MembershipDonationClaimsSend us a link/News articleGeneral Inquiry. The case has yet to be decided at that level. 680, 2-3.) Science should prevail, not emotion or how someone feels it might, may, could or potentially impact a waterway. Notice Register 2014, No. 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.. (c)(1).). Then, those concerns must be addressed through implementation of regulations which are least-restrictive upon people and . 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. Key documents from CDFWs 2012 and 2014 environmental review and rulemaking efforts are available below, scrolling further down this webpage. You MUST be heard. It will be an on-line application process meaning you go to a specific link at the CAWB and fill it out on your computer. So, last season, step by step, we developed this brand new method of open-pit mining (high banking). 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). CDFW adopted the amended regulatory definition of suction dredging through a regular noticed rulemaking action under the Administrative Procedure Act (Gov. Make the regulations/permits so costly, so onerous, so confounding that people give up. It may not display this or other websites correctly. 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. It is about their ideology, not facts, science, truth or even something as basic as common sense. PLP can say with confidence that the agencies will never treat responsible PLP members the same again. See additional related information. 2020 Reinke Mining Adventures & Services Inc. All rights reserved. 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. support@americanminingrights.com 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. Posts: 80 Gravity dredge and sluice May 20, 2010 7:54:18 GMT -5 . So as you can see, this is monumental. ---MembershipDonationClaimsSend us a link/News articleGeneral Inquiry. 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. How is it that other states dredge to create fish habitat, but California thinks it kills fish? Meanwhile, just in case you do not know, this new law only stops suction dredging within Californias active waterways. Coulterville CA 95311- View Google Map We believe the sponsors of SB637, Izzy Martin and the enviro group The . In researching that path, we made a rather significant breakthrough. Its all a scam. yeap they've over interpreted the law. 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. i am not saying anything is FACT!! 33-Z, p. I costs them nothing. 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. As you probably know, knowledge is power and a highly effective tool against your enemies who wish to deprive you of your rights! I feel like they were a little friendly and maybe a little embarrassed to be caught in the middle of a stupid fight over little vacuum shovels; and would have preferred to hunt poachers or real criminals. of mercury missing in ca. SB637 had a mandate of 1 year for the CAWB to come up with a plan and they are now at 2 years, 4 months and 16 days. 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! Sad isn't it? JCPDS4720.) palmetto high school basketball tickets 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. Reg. 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. Code Regs., tit. They have made these statements in front of two sitting California Senators. Its all a scam. (Cal. The Rinehart litigation stems from a criminal prosecution for unlawful suction dredging in 2012. We will be demonstrating to the public how to responsibly, and legally, use a suction dredge for the purpose of reclamation. I guess classic cars probably developed this method of mining at the turn of the century. 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. There are no after season, nor continual season reporting requirements like DFG proposed in 2012 like keeping a diary and all that nonsense. 5 out of 5 stars, based on 1,117 customer reviews. There is no limit to the size or frequency of your entries or the number of prizes you can win. Not only has it responded to each recent review albeit with a form response Gravity Lending is one of the few matching services I . 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. 22 et seq.) The Department prepared and submitted the required report to the California Legislature (PDF) on April 1, 2013. of mercury missing in ca. We pointed out that this morphing of language was illegal, immoral and adversely affected 10s of thousands of people. Restore Liberty to Build Sustainable Mobility Networks, Copyright 2023 Post Roads Mins WordPress theme by, Government of Pakistan Ministry of Law and Justice Jobs November 2020. Code, 11340 et seq. 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. The California Supreme Court has sinceconsented to Reviewthe Third Appellates unanimous Decision. So it looks like California`s suction gold excavator rights will remain in limbo until the California Supreme Court intervenes.
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