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I got off the phone and 1) immediately joined AMRA 2) called that guy back and told him to go buy the new revised model of the 4 inch dredge from Proline because the extra money was well worth it! 3. Its one rule for you, one very sweet rule for them. It also does not affect our group weekend projects. Ct. San Bernardino County, Judicial Council Proceeding No. It does not have anything to do with the other types of prospecting or mining that we do in California. Was this politics? You MUST speak out. Dear Water Board Members: I strongly support the Water Board's provision in the draft National Pollutant Discharge Elimination System (NPDES) General Permit for . Reg. Individuals engaged or interested in otherwise lawful instream mining should be aware that other environmental laws may apply to these various other mining practices. PLP stated to the Court: 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. They would then hold public comment meetings for the public to provide their input, then move forward from there with the permits. Tom. All the meetings that I have been in on CA Suction dredging with DFW. CAWB listened and while ultimately it was their decision on what permitting structure to go with, it is nothing like we feared. Please note that we have carefully crafted these Rules from the DFW suction dredge regulations which applied to our properties during the 2009 season when the illegal moratorium was imposed. 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. 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. Coulterville CA 95311- It will be nearly impossible for the CAWB to pull back this acknowledgment that dredging WILL be permitted next year. Notice Register 2013, No. 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? 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.. The Department prepared and submitted the required report to the California Legislature (PDF) on April 1, 2013. (Fish & G. Code, 5653.1, subd. PO Box 467 Fantastic job, and you couldnt expect a better outcome. (Fish & G. Code, 5653.1, subd. California Fish and Game Code section 5653.1, subdivision (b) has statutorily prohibited the use of vacuum or suction dredge equipment in the state since 2009. 2012, ch. The ongoing statutory moratorium established by Fish and Game Code section 5653.1 prohibits some, but not all forms of mining in and near California rivers, streams, and lakes. What`s interesting about these weekend projects is that they generate a lot of new ideas and innovations. As always, thank you for the update, as well as for everything you do. shannonp@americanminingrights.com, American Mining Rights Association Many turned to drugs, alcohol and most of my rural towns dried up from the destruction of a renewable resource because of an owl. Last year PLP released its strategy for a path for legally re-starting suction dredging in 2021. 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. Prohibits the Department from issuing any suction dredging permits absent a complete application which must include, among other things, a copy of any water quality permit or other authorization required by the State Water Resources Control Board or the relevant Regional Water Quality Control Board, or the U.S. Army Corps of Engineers, or a written determination by such agency that no water quality permit or other such authorization is necessary; Conditions Department issuance of permits on regulations implementing the section that must ensure the use of vacuum or suction dredge equipment will not cause any significant effects to fish and wildlife, as opposed to prior law which conditioned the issuance of permits on regulations ensuring suction dredging would not be deleterious to fish; Provides the Department with authority to adjust permit fees to an amount sufficient to cover all reasonable costs incurred by the Department to regulate suction dredging as provided by the Fish and Game Code; Directs the Department to work with the State Water Resources Control Board and the Regional Water Quality Control Boards regarding potential violations of requirements, conditions, or prohibitions governing the use of vacuum or suction dredge equipment; and. California Penal Code Section 17235 states that folding knives are legal in the state if they are in the folded position. (c)(1).). S222620.) 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. Your excavator only collects 93% of the mercury, while ours collects many more. We pointed out that this morphing of language was illegal, immoral and adversely affected 10s of thousands of people. The 2012 Department of Fish and Wildlife (DFW) regulations. There is yet another fly in the soup here folks. 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. We could include many other studies by biologists, scientists and peer-reviewed professionals, but you get the point. Are gravity knives considered automatic knives? 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. So the CAWB didnt toe the political line as some expected. Prohibits the Department from issuing any suction dredging permits absent a complete application which must include, among other things, a copy of any water quality permit or other authorization required by the State Water Resources Control Board or the relevant Regional Water Quality Control Board, or the U.S. Army Corps of Engineers, or a written determination by such agency that no water quality permit or other such authorization is necessary; Conditions Department issuance of permits on regulations implementing the section that must ensure the use of vacuum or suction dredge equipment will not cause any significant effects to fish and wildlife, as opposed to prior law which conditioned the issuance of permits on regulations ensuring suction dredging would not be deleterious to fish; Provides the Department with authority to adjust permit fees to an amount sufficient to cover all reasonable costs incurred by the Department to regulate suction dredging as provided by the Fish and Game Code; Directs the Department to work with the State Water Resources Control Board and the Regional Water Quality Control Boards regarding potential violations of requirements, conditions, or prohibitions governing the use of vacuum or suction dredge equipment; and. Ct. San Bernardino County, Judicial Council Proceeding No. Its all a scam. 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. 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. It is like stepping up to a group of bullies who are picking on a 12 year old girl. How is dredging used to find gold nuggets? 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. 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. On June 27, 2012, the State of California enacted Senate Bill 1018 (SB 1018), amending Fish and Game Code section 5653.1. H. Hefty1 Bronze Member. See additional related information. They stated you can still pan. Reg. We believe the sponsors of SB637, Izzy Martin and the enviro group The Sierra Fund, along with their Senator who brought the bill forward, Ben Allen, a Democrat from Hollywood believed the CAWB would toe the political line and just slow walk, or deny permits all along. There is 23 1/2 million ibs. Public Lands for the People (PLP) and Reinke Mining Adventures & Services are gearing up to demonstrate how to legally repurpose your dredge. Well TomIt's up to you and I and the few folks here who care about itTo actually do something about it. License and Revenue Branch Anyway I never heard of AMRA until Jeff told about me what was going on in the Senate and the CAWB! This is really stupid. Hello Friends, (Fish & G. Code, 5653, subd. There is 23 1/2 million ibs. (Cal. There are no seasons imposed upon the other types of surface mining activity. The exact cost, although we believe it will be a few hundred dollars at most, not the $2,000 circulating on the internet. 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. 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). 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. PLP believes that after a year or two it could be possible to modify this CA Suction Dredge Guide for application in other states such as Oregon, Washington and Idaho. We believe strongly since this is incidental fallback, like a dredge, it adds nothing and does not cause any adverse impacts on California waterways. Thank you. Im proud to be a member of the AMRA association. 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 . (See generally Fish & G. Code, 5653, 5653.1, 12000, subd. All legal entries received at our office after this draw will automatically generate tickets for the next New 49`ers Legal Fund draw. You MUST be heard. Facts and science. Learn to dredge legally without permits and without fear for the purpose of reclamation! 19-Z, p. Directs the State Water Resources Control Board or the appropriate Regional Water Quality Control Board to solicit public input as detailed and to hold at least one noticed public hearing before taking any action as provided. The new Director, appointed by Governor Brown stopped all progress on the permits. Simply put.Dredging is coming back to California Spring of next year. 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. This particular litigationextends all the way back to 2005, and has cost the mining community no less than a million dollars in legal expenses. I was literally hours from selling it for $4000.00 and to abandon any hope of ever mining again. www.publiclandsforthepeople.org. For a better experience, please enable JavaScript in your browser before proceeding. Joey. 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. View Google Map It's one rule for you, one very sweet rule for them. California Code of Regulations (suction dredging). Nothing to sell you. 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. View Google Map These materials and guidelines are not only an effective deterrent from citation but a gold mine of legal research that has eluded many until now. Then, those concerns must be addressed through implementation of regulations which are least-restrictive upon people and . No. Customer reviews verified as of. Soooooooo Kevin is wrongIt does workHe or they (GPAA leadership) wont do it. The New 49'ers Legal Fund. Dec 5, 2010 1,702 1,477. (Cal. They've passed laws which explicitly exclude them from any liabilities from their actions. 28-Z, pp. 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. 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. PLP is hopeful that the Court will grant their requested injunction against DF&W. We know youll have questions, and if we can answer them, we will, if we cannot, we will get them. Like the fight for our very Republic. As I stood there and watched, the two DFW guards came in their patrol car.
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