Kevin/South Carolina Prospectors Below is a letter I received from DHEC after contacting them about dredging in waterways in SC. also below the letter is an email response from DNR after talking with them as well. After reading both looks like we are ok in the public waterways. Just sending an update on what I have found out so far. This helped clarify a lot of my questions.
From: Ed Haigler, SC DHEC, Division of Mining and Solid Waste Management
To: Freddie Beck, Jr.; Recreational Prospector
Date: 9/28/16
Subject: Recreational Gold Mining in SC
To: Mr. Beck
I am writing in response to your e-mail (9/27/16) concerning “recreational mining” for gold in SC rivers and streams. If you are panning or operating a small gasoline powered dredge to look for gold in SC waterways, then we consider this type of activity as "recreational mining". As of this date “recreational mining” is not regulated by the Division of Mining and Solid Waste Management, therefore does not need a mining permit from SCDHEC. No creek bank disturbance or excavation in alluvial floodplain deposits is allowed unless a mining permit is obtained.
The Bureau of Water at SCDHEC, however, does monitor ambient surface water quality in the State's waterways, and if a recreational miner causes turbidity and/or excessive suspended sediments, they may receive a citation for violation of the Clean Water Act. The South Carolina Department of Natural Resources (DNR) conservation officers routinely patrol the larger navigational waterways.
You may need permission from landowners before crossing land or when panning in small streams. Our agencies attorneys have advised us that the sediments at the bottom of the channel belong to the property owners flanking the waterway (where centerline of river is the property line). Although the water in the channel is considered Waters of the State, when permitting commercial dipping/dredging operations, we require the applicant to obtain land entry agreements from each landowner (i.e. property lines typically run down the center of the channel). I strongly recommend that you obtain permission from the landowners through which the waterway passes. Again, they own the mineral solids/sediment at the channel bottom in addition to access issues.
A commercial operation with mechanized equipment (i.e. backhoe, sluices, chemical separation or treatment) would require a mine operating permit. If you were to prospect for gold and were excavating small open pit or trenches for sampling, you must obtain an exploration certificate from SCDHEC.
DNR at one time had maps available depicting public access ramps. They may have this information on their website. DNR should also be contacted for possible seasonal restrictions.
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Some of the National/State Forests require you to obtain a Letter of Authorization from the Ranger Station to pan for gold. If you plan to pan in waterways crossing State/Federal Park service land, you should call to check on their requirements.
I have included information where Tennessee now has a General Permit for “Recreational Prospecting”. These parameters may be a good guide to follow (page 3, #5 addresses dredge sizes).
Thanks,
Ed Haigler
SCDHEC-Mining & Reclamation Program
803-898-1375
Hi Mr. Beck,
Your questions were forwarded to me, and I’ll try to answer as best as I can. Let me start with a blanket statement about gold mining in South Carolina. Because Sumter National Forest is one of the biggest areas, I’ll begin with it. Only panning is allowed in the forest, no mechanized equipment is allowed. You also need a permit, but they’re free. You may get a permit at the local forest offices. That leaves private land. As long as you have permission, you’re free to do most anything you want to do; however, size matters. At some point, if your areal footprint exceeds a certain size, then you become a mine, and you will need to go through DHEC’s permitting process. We are not a regulatory agency, so the final say on rules and regs should come from DHEC. Here is a link to their mining section:
http://www.scdhec.gov/Env...iningandReclamation/ As you will see, even they are rather broad in their interpretations. The only concern we would have, and DHEC, is the impact mechanized equipment would have on streams and rivers. As long as turbidity effects are kept to a minimum and none of your neighbors complain, then you should be ok. As for your question on what constitutes public waters, my understanding is that if it’s navigable, it’s public. But what constitutes navigable? Again, it’s best to get permission of the land owner. I hope this answers your questions. If you have additional questions or would like more information, let me know.
regards,
Scott
~~~~~~~~~~~~~~~~~~~~~~~~
C. Scott Howard
S.C. Dept Natural Resources
Geological Survey
5 Geology Road
Columbia, SC 29212
803-896-7712
www.dnr.sc.gov/geology/