SUMMARY - Proposed CA Dredge Regs

[mojavejoe]

Here is my summary of the proposed changes in California’s Suction Dredge Regulations.

I know it’s hard to read the strike-out/underlined 84 page version DFG provided for us, so I decided to edit it down for my friends and fellow dredgers. It's long but not the 84 page DFG version, and it gets down to what's important.

Please note. This summary covers only the changes. If you are new to dredging in CA you should read the entire code, Sections 228 and 228.5, and be informed.

There is one thing clear in my mind after reading all these changes. If we do not object to the various changes with large numbers of letters and public meeting comments, DFG will assume no one cares what they are doing, and move forward with their agenda. The only way you stand a chance of diluting any of these changes is by getting involved. Think about how this will affect you…then write a letter. When you think of another way it will affect you, or how it will be inequitable, or not achieve any useful purpose…write another letter. If you think of a way it just doesn't make common sense...write another letter. Every letter you send in will have to be addressed by someone in writing, before the new regs are submitted to the DFG Director for approval and implementation. So do not think your letters have no affect.

You have until April 29th to do your part, from within CA, or from another state.

Send your comments to:

Mark Stopher,
Environmental Program Manager
California Department of Fish and Game
601 Locust St.
Redding, CA 96001

Or e-mail them to Mark at:

dfgsuctiondredge@dfg.ca.gov


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SUMMARY DFG PROPOSED NEW SUCTION DREDGE REGULATIONS


{{{{{ Section 228 }}}}}
Suction Dredging

(c) Permit Application shall contain all of the following information:

(2) A list of up to six locations where the permit applicant plans to suction dredge. Location information shall include either:

(A) County, river or stream or lake name, township, range, section, quarter section, base, and meridian; or
(B) Approximate center point of the location using latitude and longitude.

For each location the California Active Mining Claim number, if applicable, and approximate dates of proposed dredging shall be listed.

(3) A list of all suction dredge equipment that will be used under the permit, including nozzle size, constrictor ring size (if needed), engine manufacturer and model number, and horsepower.

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(g) Number of Permits.

The Department shall issue a maximum of 4,000 permits annually, on a first-come, first-serve basis.

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(j) Equipment Requirements.

(1) Nozzle Restriction.

No suction dredge having an intake nozzle with an inside diameter larger than four inches may be used unless:

(A The Department has conducted an on-site inspection and approved a larger nozzle size in writing; the maximum inside diameter of the intake nozzle is no larger than six inches, or eight inches where allowable under Section 228, subdivision(j)(1)(E); and

(B) The permittee has a valid suction dredge permit; and

(C) The permittee has in their possession documentation of compliance with Fish and Game Code section 1602, subdivision(a), for the proposed suction dredging
operation, including a copy of his/her notification to the Department; any response to the notification by the Department pursuant to Fish and Game Code Section 1602, subdivision(a)(4)(A)(i); and specific authorization from the Department for a vacuum nozzle greater than 4” in diameter if a Streambed Alteration Agreement is required;

or

(D) A constricting ring with an inside diameter not larger than four inches has been attached to the intake nozzle. This constricting ring must be of solid, one-piece construction with no openings other than the intake and openings not greater than one inch between the constricting ring and nozzle. It must be welded or otherwise permanently attached over the end of the intake nozzle. No quick
release devices are permitted.

(E) Suction dredge intake nozzles up to eight inches in diameter may be permitted at the Department’s discretion in accordance with Section 228 subdivision(j)(1)(A) only on the following rivers:

(1) American (Placer, Nevada, and EI Dorado counties)
(2) Cosumnes (Sacramento, Amador and EI Dorado counties)
(3) Feather (Butte, Plumas, and Yuba counties)
(4) Klamath (Del Norte, Humboldt and Siskiyou counties)
(5) Merced (Mariposa and Merced counties)
(6) Mokelumne (Amador, Calaveras and San Joaquin counties)
(7) Scott (Siskiyou County)
(8) Trinity (Trinity and Humboldt counties); and
(9) Yuba (Sierra and Yuba counties)

(3) Pump Intake Screening.

The intake for the suction dredge 29 pump shall be covered with screening mesh. Screen mesh openings shall not exceed 3/32 inch (2.38 mm) for woven wire or perforated plate screens, or 0.0689 inch (1.75 mm) for profile wire screens, with a minimum 27% open area.

(4) Only the nozzle size(s), constrictor ring(s) and engine model numbers identified in the permit may be used.

(5) The suction dredge permit number must be affixed to all permitted dredges at all times, in a manner such that it is clearly visible from the streambank or shoreline. The number must be displayed in lettering at least three inches in height and maintained in such a condition as to be clearly visible and legible.

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(k) Restrictions on Methods of Operation.

(1) Motorized winching or the use of other motorized equipment to move boulders, logs, or other objects is prohibited, unless:

(A)The Department has conducted an on-site inspection and approved the proposed suction dredging operations in writing; and

(B)The permittee has a valid suction dredge permit; and

(C)The permittee has in their possession documentation of compliance with Fish and Game Code section 1602, subdivision (a), for the proposed suction dredging
operations, including a copy of their notification to the Department; any response to the notification by the Department pursuant to Fish and Game Code Section 1602, subdivision(a)(4)(A)(i); and specific authorization from the Department for motorized winching if a Streambed Alteration Agreement is required.

(2) Winching, whether motorized or hand powered, must be conducted under the following provisions:

(A) Boulders and other material may only be moved within the current water level. No boulders or other material shall be moved outside the current water level.

(B) Winching of any material embedded on banks of streams or rivers is prohibited. or rivers is prohibited.

(C) Winching of any material into a location which deflects water into the bank is prohibited.

(D) Nets and other devices may be used to collect cobbles and boulders by hand for removal from dredge holes providing the materials are not removed from within the current water level.

(3) No person may suction dredge within three feet of the lateral edge of the current water level, including at the edge of instream gravel bars or under any overhanging banks.

(4) No person shall remove or damage streamside vegetation during suction
dredge operations.

(5) No person shall cut, move or destabilize instream woody debris such as root wads, stumps or logs.

(6) No person shall divert the flow of river or stream into the bank.

(7) For the purpose of suction dredge mining subject to this section, no person shall construct a dam or weir, concentrate flow in a way that reduces the total wetted area of a river or stream, or obstruct fish passage; unless:

(A) The Department has conducted an on-site inspection and approved the

proposed suction dredging operations in writing; and

(B)The permittee has a valid suction dredge permit; and

(C)The permittee has in their possession, documentation of compliance with Fish and Game Code section 1602, subdivision (a), for the proposed suction dredging
operations, including a copy of their notification to the Department; any response by the Department to the notification pursuant to Fish and Game Code Section 1602, subdivision (a)(4)(A)(i); and specific authorization for the proposed activity if a Streambed Alteration Agreement is required.

(8) No person shall import any earthen material into a stream, river or lake.

(9) All fueling and servicing of dredging equipment must be done in a manner such that petroleum products and other substances are not leaked, spilled or placed where they may pass into the waters of the state.

(10) No fuel, lubricants or chemicals may be stored within 100 feet of the current
water level. Where this is not feasible, a containment system must be in place beneath the fuel, lubricants or chemicals.

(11) Stream substrate, including gravel, cobble, boulders and other material may
only be moved within the current water level.

(12) No person shall displace any material embedded on banks of rivers or streams.

(13) No person shall disturb any mussel beds. A mussel bed is defined as an area of any size where the density of mussels is 40 or more/square yard. Suction dredging activities, including deposition of tailings, shall not occur within 30 yards upstream of a mussel bed, nor within 10 yards laterally or downstream.

(14) Reasonable care shall be used to avoid dredging silt and clay materials that would result in a significant increase in turbidity.

(15) The permittee shall level all tailing piles, returning the site to the pre-mining grade to the greatest extent possible, prior to finishing use of the excavation site for the suction dredging season, or working another excavation site.

(16) No person shall disturb any redds, actively spawning fish, amphibian egg masses or tadpoles. If encountered while operating a suction dredge, the permittee must cease operations and relocate dredging activities.

(17) The willful entrainment of finfish, mollusks or amphibians is prohibited.

(18) No person shall use wheeled or tracked equipment instream as part of suction dredging.

(19) All suction dredge equipment shall be cleaned of mud, oil, grease, debris, and plant and animal material before use in a river, stream or lake.

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(l) State Wildlife Areas and Ecological Reserves. Consistent with Title 14, Sections 550, subdivision (b)(10), and 630, subdivision (a)(1), of the California Code of Regulations, suction dredging is prohibited in State Wildlife Areas and Ecological Reserves.

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(o) Location of Suction Dredge Operations. No person shall suction dredge in locations other than those identified in the permit application pursuant to subdivision (c).

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(p) Timing of Activity. Active suction dredging operations may only be conducted between one half hour after sunrise to sunset.

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{{{{{ Section 228.5 }}}}}
Suction Dredge Use Classifications and Special Regulations.

(a) Suction Dredge Use Classifications. For purposes of these regulations, the following classes of suction dredge use restrictions apply in California's lakes, reservoirs, streams and rivers as specified:
(1) Class A: No dredging permitted at anytime.
(2) Class B: Open to dredging from July 1 through August 31.
(3) Class C: Open to dredging from June 1 through September 30.
(4) Class D: Open to dredging from July 1 through January 31.
(5) Class E: Open to dredging from September 1 through January 31.
(6) Class F: Open to dredging from July 1 through September 30.
(7) Class G: Open to dredging from September 1 through September 30.
(8) Class H: Open to dredging throughout the year.

(b) Suction Dredge Special Regulations. The Suction Dredge Use Classifications (Section (a), above) apply for each of the rivers or streams in each of the counties listed below. Lakes and reservoirs statewide are Class H.

>>>>>> The List of River and Stream Classifications is quite lengthy and is not reproduced here to save space. I encourage you to look at the DFG’s original pdf document of the proposed regs for an easy to read chart listed by county.
See pages 18-69.

http://www.nrm.dfg.ca.gov/FileHandler.a ... ntID=27429

From what Ive learned, there are many significant changes to open rivers and streams, open dates, and even restrictions by elevation. Meaning you have probably been affected.

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Anyone who wants to print, copy, or reproduce this information for personal use or for posting in another forum has my express permission and is encouraged to do so.

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NOTE- This summary is available to anyone in WORD and/or Rich Text format making it easier to read and use for letter writing. If you would like a copy just e-mail me at mojavejoe AT verizon DOT net

It's all up to you now. Do your part and say you gave it your best, or sit back and cry in your beer and let them steam roll over you.

Me? I'm fighting back!