. Like the fight for our very Republic. They found suction dredging deminimus and determined it should be permitted. 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. thankfully where I go you would likely find bigfoot before you found me. PLP is preparing to release materials that the CA Water Quality Control Board and the CA Fish & Wildlife Service may not want you to know about. (Suction Dredge Mining Cases, Super. Notice Register 2014, No. shannonp@americanminingrights.com, Copyright 2021 American Mining Rights Association, The long awaited post about Suction Dredging in California. Notice Register 2012, No. You MUST participate. They stated you can still pan. We would like to meet you and of course say Hi to old friends. California Code of Regulations (suction dredging). The mining community challenged the new regulations as unreasonably restrictive. Even once the dredge is brought in, the dredger will sample around in the River to find good gold bearing deposits and pay streaks that can be worked profitably with a dredge. California Penal Code Section 17235 states that folding knives are legal in the state if they are in the folded position. Soooooooo Kevin is wrongIt does workHe or they (GPAA leadership) wont do it. 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. #6. The use of vacuum or suction dredge equipment, otherwise known as suction dredging, is currently prohibited and unlawful throughout California. They have a calculation where the permit structure needs to be 110% of the cost to do the permits so it shouldnt be that much. If you are looking for a knight in shining armor, or one person to save you, I can assure you that is never going to happen. Ct. San Bernardino County, Judicial Council Proceeding No. This has the effect of dramatically reducing the cost of the permit for the end user. 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. CDFW adopted a comprehensive update of its suction dredge regulations effective April 27, 2012. To them, so what if a suction dredge creates perfect fish habitat or that it removes 98% of the mercury from their drinking water. 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. PLP stated to the Court: 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! All Rights Reserved. shannonp@americanminingrights.com, American Mining Rights Association To quote one of the Senators, they didnt see that support coming. Have pre-printed papers on the science and benefits of suction dredging to the fisheries and how many tens of millions of dollars it adds to the California coffers, especially in the hard hit rural areas. We expect you all to provide input. It is about their ideology, not facts, science, truth or even something as basic as common sense. 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. The use of vacuum or suction dredge equipment, otherwise known as suction dredging, is currently prohibited and unlawful throughout California. Further, Fish and Game Code section 1602 requires that any person notify the Department before substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel or bank of any river, stream or lake. Trimmable Sluice Box Matting. 3. Related litigation is also pending before the California Supreme Court. 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. ), SB 1018, among other things, directed the Department to consult with various agencies, and to provide recommendations to the Legislature by April 1, 2013 regarding statutory changes or authorizations necessary for the Department to promulgate regulations to implement Fish and Game Code section 5653 which will, among other things, fully mitigate all identified significant environmental effects and include a fee structure that will fully cover Department costs to administer its related permitting program. We believe the sponsors of SB637, Izzy Martin and the enviro group The . 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. 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. preempt California Fish and Game Code sections 5653 and 5653.1 with respect to the use of vacuum and suction dredging equipment? Take the Delta Gold Diggers for example, say they have 20 dredge claims, the club would pay for one permit, then certify their members to dredge under that one permit. Tom. The event will be held on one of the RGM group claims. 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. (People v. Rinehart, No. -Your Board of Directors. The Rinehart litigation stems from a criminal prosecution for unlawful suction dredging in 2012. Box 944209, Sacramento, CA 94244-2090 | Sales Offices 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. Box 944209, Sacramento, CA 94244-2090 | Sales Offices 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. How many of you called? 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? Reg. Further, Fish and Game Code section 1602 requires that any person notify the Department before substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel or bank of any river, stream or lake. 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. 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. 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. is gravity dredging legal in california +1 (760) 205-9936. They've passed laws which explicitly exclude them from any liabilities from their actions. (Cal. Last year PLP released its strategy for a path for legally re-starting suction dredging in 2021. 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. There are no after season, nor continual season reporting requirements like DFG proposed in 2012 like keeping a diary and all that nonsense. 19-Z, p. Notice Register 2012, No. What they concluded was dredging was deminimus, meaning it doesnt harm fish or fish habitat. On June 27, 2012, the State of California enacted Senate Bill 1018 (SB 1018), amending Fish and Game Code section 5653.1. (a).). I know electric and gas motors are not allowed. So it looks like California`s suction gold excavator rights will remain in limbo until the California Supreme Court intervenes. 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)? My buddy and claim owner neighborcame by for me to help him with some mapping and we got talking about all the water this year and his gravity system which is a 6" pipe with 3" nozzle sucking from the upper end and dumping in a sluice box. Code, 11340 et seq. P.O. from the gold rush or thirty five %. (Cal. Let that sink in for a minute. But most of all, our AMRA staff. It is like stepping up to a group of bullies who are picking on a 12 year old girl. High bankers, water pumps, track wheel chairs, trucks and even sluice boxes. Other Statutory Considerations (PDF), Appendix A.. 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. Another fact is that there will only be 1500 permits issued and most of them have been issued to the phony mercury cleanup firms and the big dredgers cleaning harbors and such, the little guy doesn't have a chance. We are not happy with the potential for a permit for a single miner paying thousands when many miners pull less than an ounce in a season. All legal entries received at our office after this draw will automatically generate tickets for the next New 49`ers Legal Fund draw. Therefore we are hereby adopting these Emergency Rules for the duration of this period of uncertainty. Join or renew today to know how to effectively and professionally counter the agencies while making Prospecting, Mining and Reclamation Great Again! Come out to the Gold Show Saturday and Sunday, May 30th and 31st in Charlotte and say hello! 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. 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. The Rinehart case awaits a decision by the California Supreme Court. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); American Mining Rights Assoc. DFW has instructed all DFW LEO's as to what is and is not covered under the new law. 5 out of 5 stars, based on 1,117 customer reviews. The use of vacuum or suction dredge equipment, otherwise known as suction dredging, is currently prohibited and unlawful throughout California. Coulterville CA 95311, support@americanminingrights.com In other words, you can do them at any time of the year. They have an unlimited bank roll of money in your tax payer dollars to defend whatever actions they create against us. 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. 2012, ch. Keep up the great work. People were cited, their equipment confiscated and fines were paid. 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. Any gravity or siphon dredge used may not have an intake nozzle or hose that has an inside diameter exceeding four inches. (See generally Fish & G. Code, 5653, 5653.1, 12000, subd. 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. 28-Z, pp. 680, 2-3.) Mining equipment may not be used where freshwater mussels or Pacific lamprey are present. You must log in or register to reply here. Reg. Gravity Lending receives high ratings on both its Better Business Bureau (BBB) page and its Trustpilot page. 1034-1035.) I tore the fish and game regs. ), CDFW regulations governing its suction dredge permitting program are found in the California Code of Regulations, Title 14, sections 228 and 228.5. 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. 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. 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. (c)(1).). 28-Z, pp. support@americanminingrights.com The permit costs we expect to be around $200 or close to it. What specific rivers/waterways will have a season, although it appears as it is exactly like it was in 2009. Very grateful!!! PLP members who are renewing online and by mail will start receiving these new guide cards, along with our member card and orange challenge card. The Gravity Legal panel makes it easy to check whether payments have been made, and follow-up with clients on a timely basis regarding outstanding balances. Simply put.Dredging is coming back to California Spring of next year. 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. 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. Important Note:In 2009, theState of California passed a law which placed a statewide moratorium onsuction dredgingin California until the Department of Fish &Wildlife (DFW)completed an updated Environmental Impact Report (EIR)along withseveral other requirementsthat were not within their jurisdiction.