Illegal dredging/sluicing

[Geo-George]

Here's one for ya....
Here's a topic I've been kickin' around.
Would like y'all's opinion.

I have a placer mine on my Calif. claim.

There is a shaft that I have been working that takes on a couple of feet of water each spring.
It is about 150 feet from an active stream.
All water remains within the mine, I just recirculate the water for my dredge/sluice.
I remove the tailings to outside the mine, but the water remains inside.
I'm working an old stream bed with a lava cap.
Am I in violation by using a dredge in the mine?


I wonder now, if I file a "Lode" claim within my "Placer" claim, would the same laws apply?
I know there has got to be a way around that stupid law.
I break away the material with a pick and suck it up with the dredge

[tommyknocker]

Hey Geo-George,
Here is some of the text from SB670

(b) Notwithstanding Section 5653, the use of any vacuum or suction
dredge equipment in any river, stream, or lake of this state is
prohibited until the director certifies to the Secretary of State
that all of the following have occurred:...

(c) The Legislature finds and declares that this section, as added
during the 2009-10 Regular Session, applies solely to vacuum and
suction dredging activities conducted for instream mining purposes.

You will have to make your own interpretation as I am not an attorney/judge...Hope this helps...Or go to this link & search the bill & read the entire thing...
http://www.legislature.ca.gov/
Tom

[Geo-George]

Hey Tom,
I realize that this is a very touchy subject. It is difficult to get a good interpretation. Since I don't speak "legalese", I'm hopin' I can glean some understanding by kickin' this issue around.

Thanks for your input!
George

[Joe S (AK)]

"... in any river, stream, or lake ..."

"... instream mining purposes ..."

"... It is about 150 feet from an active stream ..."

Pretty straightforward here - isn't it?

Joe

[CalGoldDredger]

This is how it was explained to me...

The SB670 ban made all waterways closed waters for suction dredge mining, and the regulation for closed waters in California is you can not have any suction device for any reason within 100 yards not feet from any closed waterways.

There are others that say booming is legal. I was told otherwise.

Best of Luck -

[Hoser John]

John nailed it--as usual-don't do the crime--ifn' ya can't do the time or pay the fine--that's my take. BUT always remember that once your ticketed for a dredge offense--your second can/will/may cost you right---forever--and penalties go through the roof. I have 2 extremely close friends who walked away from a ungodly spot they worked for a few years and LEFT 3 OUNCE DAYS because of "A"prior conviction-hired a attorney too---John

[Geo-George]

Here are a couple of things that give me some hope.

http://www.goldgold....ox_10-27-09.pdf

http://www.goldgold....tr_12-10-09.pdf

I have copied and laminated them so as to be able to present them if an official challenges me.
I will also take them to a meeting with my district ranger for his opinion. After all, he is the "Boss" in my area of operation. If he's on my side, I will be more likely to be left alone.

[Geo-George]

Here are a couple of things that give me some hope.

http://www.goldgold....ox_10-27-09.pdf

http://www.goldgold....tr_12-10-09.pdf

I have copied and laminated them so as to be able to present them if an official challenges me.
I will also take them to a meeting with my district ranger for his opinion. After all, he is the "Boss" in my area of operation. If he's on my side, I will be more likely to be left alone.

[CalGoldDredger]

Geo-George, carefully read the second to last paragraph of the latest letter it states it all there. http://www.goldgold.com/legal/CDFG_Ltr_12-10-09.pdf

Good luck if you go out and put it to the test, if you get caught I hope the person that wrote those letters and implied that it was alright to do, will pay your fines and legal fees.

Forest Service said they are not going to actively enforce the California "State" ban, that is what my district ranger said. (of course you know how that goes from one district to the next)

I have already looked into all my possibilities with the DF&G, Forest Service, and Local Authorities for this current legal situation and made my decisions based on it.

Becareful & Best of Luck-

[Geo-George]

Good point, but, the last sentence of that paragraph specifies "stream, lake or river".
The last sentence of the last paragraph states bed, channel, or bank of any river, stream, or lake.
None of which come into play in my operation. The only stickler, is the proximity to the nearest stream.
I am in a mine shaft, several feet down, and still goin'.
If need be, I'll go on pickin', ain't no thing, and I would still run the material through a recirculating sluice.