New law in CA???
Last Post 23 Aug 2017 08:32 AM by THOMAS CHAMBERS. 17 Replies.
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Kristophor TimmonsUser is Offline
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30 Jan 2017 07:57 PM
    A friend I talk to today said that hibanking was outlawed now in California new to this year ???
    Any one know of any thing or any input ?
    WALTER EASONUser is Offline
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    31 Jan 2017 07:17 AM
    California has long had a Stream Diversion Permits and they have through the years gotten more intrusive and time consuming. That would be the permit that would be used if you use the CA Dept. of Fish and Wildlife as the lead agency. This if required for your operation is a rather involved permit and depending on the area can have considerable expense in putting it into act. This is usually a 5 year permit with an option to extend another 5 years. You will need to show a water right or if possible a non use of water as in all water going back into the water source after being filtered for sediment which may put you into an exemption. The following is from the CA Fish and Wildlife website at  https://www.wildlife.ca.gov/Conservation/LSA .

    When is Notification of Lake or Streambed Alteration (LSA) required?

    Fish and Game Code section 1602 requires an entity to notify CDFW prior to commencing any activity that may do one or more of the following:

    • Substantially divert or obstruct the natural flow of any river, stream or lake;
    • Substantially change or use any material from the bed, channel or bank of any river, stream, or lake; or
    • Deposit debris, waste or other materials that could pass into any river, stream or lake.

    Please note that "any river, stream or lake" includes those that are episodic (they are dry for periods of time) as well as those that are perennial (they flow year round). This includes ephemeral streams, desert washes, and watercourses with a subsurface flow. It may also apply to work undertaken within the flood plain of a body of water.

    I believe that the potion above that reads: ...waste or other materials that could pass into any river, stream or lake. refers to areas that run into perennial rivers, streams and lakes. This was taken for the website on 1,31,2017
    If you notice an error in the Online Mining Guide or with claim information please add in the updated information into the online mining guide to inform other members. Thank You Walter H. Eason
    ADAM ANDREWSUser is Offline
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    31 Jan 2017 08:41 AM

       And this material goes into the stream bed when it rains...Are the Liberal Anarchists going to tell God that he needs a permit to let it rain?

    WALTER EASONUser is Offline
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    01 Feb 2017 08:29 AM
    I would agree that it does not make a whole lot of sense. Much is backed up by CWA, hope it goes away at least for the most part.
    If you notice an error in the Online Mining Guide or with claim information please add in the updated information into the online mining guide to inform other members. Thank You Walter H. Eason
    tom glennUser is Offline
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    01 Feb 2017 12:03 PM

     

    They have had a $1140 dollar discharge in affect for a couple years if you apply, the trick is not to apply because they track you down and hassle you  and the fee is for one place on a claim so use unclaimed ground that you or any one else are not responsible for then place your handicap placard on your banker and a copy of the American disabilities act in a plastic bag so it don't get wet and ask them if they are there to help you set up. $4,000 a day penalty on them for not accommodating  you in your hour of need. Tom

    ADAM ANDREWSUser is Offline
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    01 Feb 2017 02:17 PM

       There you go, for those of us with serious medical issues, and I do...I love the idea of fining the USFS & BLM $4000 a day. Lets find a way to make that work. Those Rangers opposed to Gold panning would have to respect your rights. That's awesome.

    tom glennUser is Offline
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    01 Feb 2017 02:51 PM

     

    Especially the ca. fish and game, large targets. Tom 

    WILLIAM HALLUser is Offline
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    01 Feb 2017 03:56 PM
    Tom,

    Don't confuse forest circus (BLM) folks and the Cal dept fish and wildlife.
    Two totally different entities.
    For the most part, in this area (NorCal) the feds don't care about miners, it's the Cal fish wildlife guys ya gotta watch for
    I know for a fact on one claim I frequent, the feds don't bother the dredgers, federal land not state land
    I have had the FC guys stop and shoot the breeze with me, leave smiling.
    Have had the Cal boys stop and talk but they seem to have a hidden agenda (poachers), and very jumpy
    Kinda glad I didn't have my piece on
    Good luck collecting $$$ from the feds, unless you can deduct from taxs

    Bill
    So much river....So little time....Get out there
    Kristophor TimmonsUser is Offline
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    01 Feb 2017 06:26 PM
    So as long I don't dig up the banks of the water way by yards and yard and not let the dirty water back into the water way clouding it up. I'd be ok using a gas powerd pump or a bilge pump to run a highbanker or power sluice ?


    ADAM ANDREWSUser is Offline
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    01 Feb 2017 06:53 PM

      You always see settling ponds on the Gold Rush show.

    WALTER EASONUser is Offline
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    02 Feb 2017 07:38 AM
    I would say settling ponds or the best are peculation ponds which work well if you are working in a riverbed with a low water area where there is good percolation sand /rock base. 
    If you notice an error in the Online Mining Guide or with claim information please add in the updated information into the online mining guide to inform other members. Thank You Walter H. Eason
    tom glennUser is Offline
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    02 Feb 2017 12:48 PM

     

    If you read the fine print your not even supposed to pan anything from the bank in the creek let alone dig and put it in a sluice so always dig where the material is wet. In a non motorized area I think you have to be three hundred ft. away and if you are recirculating up on the bank  you are supposed to have a discharge permit to dump the tubs if you read the fine print. I have never been bothered by the feds either face to face but plenty of times by mail because of what claim jumpers and so called environmental people did to make it look like you are trying to destroy the planet, Tom

    WALTER EASONUser is Offline
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    02 Feb 2017 03:30 PM
    The idea of not being within 100 feet has to do with SB 637 which by it's definition is only for the purpose of dredging. If the act was not designated for dredging there could be some confusion except that the intent in it's history which in it's wording is based on only addressed dredging specifically. That is not to say that misinformed personnel not out there or that if ordered to stop we have to stop until it is straitened out. Some may say that individual items can be addressed as being not allowed but there are rules as to how legislation are to be interpreted. Some of this is in what is called "The Cannons of Law". This is what is used by judges in cases where it is unclear what the intent was. Clearly this does not mean that permits for doing many things are not needed and in many cases the cost does not fit into a lot of miners budget, but that does not mean it is illegal. These days a person must look into exactly what is being said and what or where the intent is coming from as in the regulation and law that it is based on. It is important that the mining community works on straitening out what should be allowed according to the present laws no matter how much we disagree with them, that way we know where to take the legal battles to regain out independence.
    If you notice an error in the Online Mining Guide or with claim information please add in the updated information into the online mining guide to inform other members. Thank You Walter H. Eason
    Kristophor TimmonsUser is Offline
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    02 Feb 2017 06:26 PM
    Man seems kinda confusing. It be nice if there was a reg book like for fishing that was strate forward for rec. mining.
    The Gide book seems to help a bit but I here lots of different things about what we can and can not do.
    Some folks tell me you can't run a motorized pump and another person says you can.
    joseph LoydUser is Offline
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    06 Feb 2017 05:37 PM
    Check it all out .NO MOTORIZED EQUIPMENT WITHIN 100 YARDS OF ANY WATER WAY .Heck I can not even use my vacuum and dry washer within 100 yards of the river.
    Member LDMA and several other clubs in CA.
    Brian JonesUser is Offline
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    18 Aug 2017 11:46 PM
    There are laws, and there is what's enforced. What's enforced often depends on attitude.
    WILLIAM HALLUser is Offline
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    19 Aug 2017 02:46 PM
    AMEN, Brian
    So much river....So little time....Get out there
    THOMAS CHAMBERSUser is Offline
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    23 Aug 2017 08:32 AM
    I'm hoping California will circome to the movie 2012. I'll have beach front property and all those tree hugging nutcases with laws of no sense will no longer tell grown ups were not alloud to play in the dirt
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