Give up or Keep Looking - Suggestions?

Millz90

Full Member
Sep 26, 2014
138
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So im at a point in a creek that i have been digging in to either stop digging or move on to a new place…….I started looking under a large boulder in the creek and found gold but VERY little as you can see in the pictures. Then I moved up creek and started digging again and same thing, finding very little.

Its all embedded in this grey THICK clay, which is a pain to break down but I have been doing it. The gold you see in the pictures are from about a 1/4 of a 5 gallon bucket of 30 mesh classified dirt.

What I have been doing is taking a 5 gallon bucket and a 30 mesh classifier, shoveling dirt into the screen smashing the clay down and finally getting everything clean then taking it home and running it through the blue bowl.

I haven’t hit bed rock yet so im wondering if I should keep digging or give up?
I cant go any farther up the creek because there is a 5’ or so pool in front of the place I am in now that is filled from a HUGE rock formation with a water fall draining into it.

I would REALLY love to get to the bottom of that pool but I don’t see a way to do that either…..Plus the guy that owns the land around it refuses to let me in the creek so im watching my back the entire time even though I have full rights to get into the creek from the road.

Any ideas or suggestions would be appreciated!


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enamel7

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Apr 16, 2005
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That's a simple creek and can't be truly navigated by any kind of water craft. Sorry but I think you're trespassing. Go online to your county GIS site and look at the property plat. If it shows the creek on his property you have your answer. It's best to be sure before you trespass and get arrested, or worse. These type of mistakes are what lead to mining getting a bad name. CYA!!
 

KevinInColorado

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Jan 9, 2012
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Navigable gives right of passage NOT right to remove dirt, rocks, etc.

Also ownership of roads varies by state (I've learned recently), here in CO, the city or county generally owns the roads outright but in other states they only own a right of way, the land (which means the gold) belongs to the neighboring home or business.
 

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Millz90

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Sep 26, 2014
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Navigable gives right of passage NOT right to remove dirt, rocks, etc.

Also ownership of roads varies by state (I've learned recently), here in CO, the city or county generally owns the roads outright but in other states they only own a right of way, the land (which means the gold) belongs to the neighboring home or business.

Nobody owns the mineral rights.
 

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Millz90

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Sep 26, 2014
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That's a simple creek and can't be truly navigated by any kind of water craft. Sorry but I think you're trespassing. Go online to your county GIS site and look at the property plat. If it shows the creek on his property you have your answer. It's best to be sure before you trespass and get arrested, or worse. These type of mistakes are what lead to mining getting a bad name. CYA!!

Well from the law that I read, it doesn't have to be navigable at the moment just ANY time in the past not just a flood.
 

KevinInColorado

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Nobody owns the mineral rights.

This is so untrue I don't know where to start.

Mineral rights may or may not be associated with surface rights. So it's true that I don't own the mineral rights under my house but someone does! It may be the state or another private party...but everything is owned by some entity..except Antarctica of course..and the moon ;)
 

KevinInColorado

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Well from the law that I read, it doesn't have to be navigable at the moment just ANY time in the past not just a flood.

This is basically true. Laws established before the formation of the U.S. established that any waterway you can get a one person canoe on during at least part of the year is "navigable" and the public has access to travel there year-round via boat, horse (usually) or walking.
 

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Millz90

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Sep 26, 2014
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This is so untrue I don't know where to start.

Mineral rights may or may not be associated with surface rights. So it's true that I don't own the mineral rights under my house but someone does! It may be the state or another private party...but everything is owned by some entity..except Antarctica of course..and the moon ;)

Ha...well the state owns them I believe. that's not what I meant. The land owner doesn't own them unless they bought them when they purchased the house and 99% of the time.... That doesn't happen.
 

enamel7

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So how do you know he doesn't own them? I'm sorry but all I hear is someone trying to make any excuse why he's right and the other guys wrong. You're not that far from Uwharrie. Or you can just ask people for permission.
 

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Millz90

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Sep 26, 2014
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So how do you know he doesn't own them? I'm sorry but all I hear is someone trying to make any excuse why he's right and the other guys wrong. You're not that far from Uwharrie. Or you can just ask people for permission.

Because when I politely went to his door and asked him if I can pan he didn't mention that at all and if he did he would have. Instead he said "I just don't want you in the creek".

And no apologies needed, i like the discussion, that's what a forum is for lol

But really laws are excuses. But I'm just stating what I have. I'll post the link if I can find it. If not I'll take a picture of the papers k have.
 

bobw53

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Oct 23, 2014
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Navigable gives right of passage NOT right to remove dirt, rocks, etc.

Also ownership of roads varies by state (I've learned recently), here in CO, the city or county generally owns the roads outright but in other states they only own a right of way, the land (which means the gold) belongs to the neighboring home or business.

In El Paso, the Rio Grande is considered "navigable", that's why the bridges have such a high arch, so sail boats can fit underneath. In reality, lately, the river only runs at most 4 months out of the year, and at least, 6 weeks, and the crappy part,
the river is diverted to a ditch on the US side anyways....

As for roads, that's a big mess... My folks live in MA, and I grew up on a road that was a "private" road, but a "public" right of way... What the hell does that mean?... It means my Dad needs a plow to get out of the house,
in the winter, and can't block the road off... He doesn't pay taxes on the 25 feet of road though....

Here in New Mexico... Green street signs are government owned right of ways, red street signs are "roads" that cross private property. The county takes care of anything with a green sign, anything with a red sign,
they won't... There have been a few cases where people couldn't get an ambulance because the red signed road wasn't good enough... Here is my "red" signed road.

15414915588_d0e279f656_c.jpg


Here is a tasty little bit that came out of my "red" signed road. And there is 4-6 pieces of tiny tiny little flour per tablespoon in there too, along with a rare bit of +40 or 60

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About a year and half ago, we did a driveway extension to a "green" signed road... The county and the neighbors can suck it. I want my gold.




I would say you are really pushing the edges... and might be walking over them... Depending on where you are that may or may not be a decent pan, but
ending up in cuffs, even if you are released quickly isn't worth it. I would absolutely hate to be digging and having to look over my shoulder constantly. Personally,
I would move on, unless I was under the age of 16... in which case they really can't do crap to you, and you can always offer to rake the guys lawn.. I was a big
fisherman when I was younger, and I realized I couldn't get away with all the "illegal" places I liked to go as I got older.. My fishing tapered off, but I got my license, and
a back seat... And girls were a lot more fun than fishing.... Gold on the other hand... Girls like gold.. One of these days I might even have enough to make a ring, and
she deserves it.
 

johnnysau

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Apr 23, 2012
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Its really hard to give a YES move or NO stay without knowing a general location and whats around distance wise i think.
My 2 cents worth. johnnysau
 

Eric Idle

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Mar 31, 2015
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I think using a 30 mesh classifier is a good idea to help break up that clay.

I don't think you should chuck out everything that doesn't pass thru the screen however.

Run it through a 1/4" classifier and pan it out.
I'm new at this, but IMO if you are finding specs visible to the naked eye, then there could/should/might also be flakes that won't pass thru a #8.
 

enamel7

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Apr 16, 2005
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He told you he doesn't want you on his property. Enough said. You can't just say it's a law but I don't think it applies to me. Honestly, you just need to keep asking other property owners. No one has to let you on their property. That's what I do, ask. Even though I'm a miner, if I told you no and you went anyway, you would be removed.
 

hunterbill

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Sep 26, 2012
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"Navigable waterways" are only those classified as such by the US Coast Guard. There is an actual list of these waterways and it is not vague or at all discretionary. Regardless of access, you can find better places. You will know when you are in a good spot. Don't just keep digging crap in hope that the next scoop will somehow be full of nuggets.
 

Bill_saf

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Jul 3, 2014
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And trespassing will only get your six in jail and cost you money. you pee in the wind your going to get wet or shot.
 

enamel7

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No more response from the OP? Hope he didn't get in a situation of "3 hots and a cot"!
 

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