Question about Sluicing With a Bazooka In Idaho

[brchcar1445]

Hey everyone, I have been digging into the Idaho regulations and from what I can read it doesn't seem that I need a permit. But I was hoping that you might be able to help me assess what I'm reading. I was told that a person the other day attempting to pan in the area I wanted to go needed to have a permit. But, looking over the material it seems that a permit would not be required for panning. Let me show you how I am arriving at that conclusion.

I started with this doc.

http://www.idwr.idaho.gov/RulesStatutesForms/StreamChannel/PDF/2014RecMining_Instructions.pdf

On page 2 it states this.

Non
-
Powered Mining Equipment
Any equipment used to alter a stream channel that is operated by human strength is considered non-powered mining equipment. This includes non-powered sluices, pans, rockers, suction devices, and similar hand tools, etc., used to extract, collect, process, or concentrate stream bed materials that rely on human strength. When non-powered equipment is operated in a manner that exceeds the minimum standards for non-powered operations established by IDAPA 37.03.07 Rule 64 you must obtain stream channel alteration permit (LETTER PERMIT on “open” streams; or Joint Application for Permits on all other streams)..

So I looked up the minimum standards established by IDAPA 37.03.07 Rule 64 here.

http://adminrules.idaho.gov/rules/current/37/0307.pdf

064. SUCTION DREDGES AND NON-POWERED SLUICE EQUIPMENT (RULE 64).
01. Standards for Suction Dredges
. The following standards shall apply only to uses of suction
dredges with nozzle diameter of five (5) inches or less a
nd rated at fifteen (15) HP or less and non-powered sluice
equipment moving more than one-quarter (1/4) cubic yard per hour. (7-1-93)
02. Operating Permit
. A permit for the operation of a suction dredge may authorize the use of the
dredge within a drainage basin or a large portion of a drai
nage basin except as otherwise determined by the Director.
(7-1-93)
03. Mechanized Equipment Prohib
ited Below High Water Mark
. There shall be no use of
mechanized equipment below the mean high water mark ex
cept for the dredge itself, and any life support system
necessary to operate the dredge. (7-1-93)
04. Operation of Dredge
. The operation of the dredge shall be do
ne in a manner so as to prevent the
undercutting of streambanks. (7-1-93)
05. Permit Required for Non-Powered Operation -- More Than Five People
. A permit shall be
required for any non-powered operation in which more than five (5) people are working the same area. (7-1-93)
06. Permit Required for Non-Powered Operation --
More Than Thirty-Three Percent of Stream
Width
. A permit shall be required for any non-powered opera
tion if the disturbed area exceeds thirty-three percent
(33%) of the stream width at the mining location. (7-1-93)
07. Limitation of Mining Sites
. Only one (1) mining site per one hundred (100) linear feet of stream
channel shall be worked at one (1) time unless waived by the Director. (7-1-93)

The only that even comes close to applying to me is the 33% rule, but I don't think I will be digging up that much ground. Based on what I'm reading here, it looks like me and my 2 man recreational sluicing and panning operations wouldn't meet the minimum requirements to need a permit?

Also, since all this has to do with stream alteration, what if I'm not digging in the stream, just sluicing in it? Does that make a difference?

Hopefully someone can shed some light for me here. Someone from Idaho.

I should take this opportunity to also gripe about the extreme regulations that have been put on idaho streams. Basically most rivers are closed to mining year round with a few open from July to August. WTH? This is ridiculous, is recreational mining in Idaho dead?

 

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[Jim in Idaho]

I've never heard of anybody in Idaho being cited for using a pan fed by a shovel. I wouldn't worry about it....same goes for a small sluice fed by shovels.
Jim

 

[IdahoGoldGettR]

The KEY WORDS here are:

alter a stream channel

. I believe the regs. stipulate a certain amount of excessive yardage per day when made, may be considered alteration (even if done by hand). Last I recall, I couldn't shovel the amount of yardage (I believe 5 yards) per day if my life depended on it. This reg. portion was designed for the commercial dredge ops. As Jim stated, no one has been cited for such activity simply because this alteration to a stream cannot be done solely by one man. My advice is to shovel, pick, pan and sluice to your heart desires. If anyone disputes your case of action, send them my way - I enjoy lecturing those who know little of the regs (not laws) they wish to enforce,,, especially after a good pot of black coffee.

 

[brchcar1445]

Thanks guys that makes me feel much better. Im gonna go out tomorrow. Hopefully ill bring back some gold to show you!

 

[maui]

since we are talking idaho, do i need a permit to camp out and prospect on a stream or river?
thanks in advance, i appreciate it very much.

 

[Jim in Idaho]

since we are talking idaho, do i need a permit to camp out and prospect on a stream or river?
thanks in advance, i appreciate it very much.

Not if you're working with a shovel. As long as you're not running a gasoline engine, you're probably OK just about anywhere on public lands in Idaho. As far as camping...most BLM land is wide-open providing you're not staying for more than a couple of weeks. I've spent a lifetime camping wherever I want on BLM lands, and have NEVER had even a visit from the BLM. Now Forest Service can be a little different. They have areas where they require you to stay in developed campgrounds, BUT most forest service land is also wide-open to camping. Generally, the more an area is used, the more likely they want you to camp in developed campgrounds.
Jim