S222620.) Let that sink in for a minute.other states are dredging to create fish habitat. 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. The use of vacuum or suction dredge equipment, otherwise known as suction dredging, is currently prohibited and unlawful throughout California. In researching that path, we made a rather significant breakthrough. 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. Hello Friends, 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. (Stats. We were told some of these folks left for other jobs, what we are hearing from our insiders is a bit different. (a).) But gravity dredges are ok. Standing 31 years strong for Multiple Use on Public Land RIGHTS. 2020 Reinke Mining Adventures & Services Inc. All rights reserved. But most of all, our AMRA staff. They have an unlimited bank roll of money in your tax payer dollars to defend whatever actions they create against us. 2.Enjoining the enforcement of the 2012 Regulations promulgated pursuant to 5653.1 of the Fish & Game Code; and Code, 11340 et seq. 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. About suction dredging in California: As all of you are probably aware, there is a moratorium on suction dredging in California. SB637 morphed into a defacto prohibition on mining as it then labeled all things as suction dredges. 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. That is not just unacceptable, it is in violation of the law and we made sure they knew 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. To quote one of the Senators, they didnt see that support coming. The way I have interpreted what the rules are is no dredging by any means as it may stir up nutrients that the fish would likely eat and enjoy and you as the dredger might steal what the Govt. Its all a scam. Last year PLP released its strategy for a path for legally re-starting suction dredging in 2021. This section and section 5653.1 do not apply to non-motorized recreational mining activities, including gold panning, prohibit or restrict them. 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. But members who choose to dredge should be aware that they may be hassled by the authorities, and even face the possibility criminal prosecution. Science should prevail, not emotion or how someone feels it might, may, could or potentially impact a waterway. Code, 11340 et seq. 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. Under new state law effective January 1, . 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. 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. High bankers are one piece of equipment we are still actively discussing and may involve a permit of some kind if run in the creek. All Rights Reserved. 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). This has the effect of dramatically reducing the cost of the permit for the end user. 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. 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. 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. Will I need to get a DFG permit like we did in 2009 in addition to the CAWB permit? 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. Come out to the Gold Show Saturday and Sunday, May 30th and 31st in Charlotte and say hello! It is a final process, but not a mining method. In many cases, the first step in dredging is to remove the layer of overburden gravels which often cover the bedrock. Not only has it responded to each recent review albeit with a form response Gravity Lending is one of the few matching services I . shannonp@americanminingrights.com, American Mining Rights Association 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. Not enough. How long will this take? Make the regulations/permits so costly, so onerous, so confounding that people give up. 641.) 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. 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? Will it be thousands? 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. 641.) Thank you. 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. The mining community challenged the new regulations as unreasonably restrictive. 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. 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. To them, so what if a suction dredge creates perfect fish habitat or that it removes 98% of the mercury from their drinking water. Select Post; Deselect Post; Link to Post; Member. JCPDS4720.) Afraid of the legal repercussions to dredge for reclamation purposes? There is no restriction on the length of the knife's blade. shannonp@americanminingrights.com, American Mining Rights Association Meanwhile, just in case you do not know, this new law only stops suction dredging within Californias active waterways. 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. CDFW amended the regulatory definition of suction dredging as an emergency action effective June 28, 2013. Ct. San Bernardino County, Judicial Council Proceeding No. The event will be held on one of the RGM group claims. What remains now in the process is the public comment period where they tell the public what they plan to do and ask for comments. -Your Board of Directors. If you cant be there in person, support us online. Water Quality and Toxicology (PDF), Chapter 4.4. We wonThey exempted classic cars from their tyrannical smog check ll program. Even if there are no more political or staffing interruptions, it is highly unlikely any permitting will be available in 2019. Be part of the winning team! www.publiclandsforthepeople.org. The permit costs we expect to be around $200 or close to it. An appeal stemming from those proceedings is pending in Division Two of the Fourth Appellate District. CDFW regulates suction dredging and the use of any related equipment in California pursuant to Fish and Game Code section 5653 specifically. 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.
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