Prospecting in California

[57chevy]

Does anyone know if the eco Nazis in California, would be against me bucketing up material to take home and process?

I was thinking of returning to a spot I know in Northern California that was profitable in the past. The question is, the only way to process the material is to use a pump, since the location is a good 80 to 100 yards from the river. Or haul buckets down to a hand sluice. That is the way I did it before and it wasn't fun then when I wore a younger man's clothes.

Any help would be greatly appreciated. Thank You.

 

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[russau]

them wacoenviromentalists will complain about anything ESSPECIALLY if it has anything todo with mining!

 

[Aufisher]

Better hurry before they ban buckets!

 

[bobw53]

Better hurry before they ban buckets!

Then you can just use a pail.

If all else fails, a picnic basket.

 

[winners58]

you know you can highbank in California. pump the water to where your working.
.

 

[Aufisher]

That looks like way too much fun!

 

[57chevy]

A big thanks to everyone for their suggestions. No I didn't know you could still highbank in California. Does that mean using a gas powered pump?

 

[Jeff95531]

Northern California is a large area and there are many many area specific details for what you are allowed and not allowed to do for each and every place you go...including high banking. For example, where I go I can use hand tools and buckets but I can't pan after Oct. 1 and never allowed the use of a sluice or high banker. Taking buckets out of a National forest will get you in trouble right away. Prospecting can be done...just depends on all the variables. Good luck!

 

[mikep691]

As Jeff stated rules vary from area to area. Any river designated "Wild and Scenic" the use of any motorized equipment is prohibited. While you can still prospect and claim in these areas,, no pumps, generators, highbankers, etc. can be used. In areas where highbankers are permitted, they must be 100 yards from the waterway. Fish and Wildlife people frown upon material from outside the active waterway being introduced to that waterway, so even bucketing dirt to the water could get you in trouble. They don't even like you running bank material if it came from above the water line. I haven't seen too many gold bearing creeks, streams, or rivers that aren't at the bottom of a steep walled canyon, so pumping water becomes a real chore and very expensive.

If your area is not designated "wild and scenic", and the terrain allows you to set up a gas pump, and the fish cops say it's OK then sure highbank.

 

[Goldwasher]

hi bankers don't have to be 100 yards away....dredge equipment does......show thww LAW that states such a thing

 

[delnorter]

Mike691, about the only thing factual in your post is your agreeing with Jeff95531 that rules vary. Your use of "Any Wild and Scenic River" is the mistake. I've legally and out in the open, done all the things you say can't be done along wild and scenic rivers here in northwest California. I'm not sure about hauling material from above high water line.

The Smith River, where Jeff prospects, has some pretty stiff rules as it falls under the Wild and Scenic River designation as well as being in a National Recreation Area. I too prospect this river which does fall under many of the restrictions you list.

Mike

 

[mikep691]

This is from the CDFW website:

The ongoing statutory moratorium established by Fish and Game Code section 5653.1 prohibits some, but not all forms of mining in and near California rivers, streams, and lakes.

Individuals engaged or interested in otherwise lawful instream mining should be aware that other environmental laws may apply to these various other mining practices. Fish and Game Code section 5650, for example, prohibits the placement of materials deleterious to fish, including sand and gravel from outside of the current water level, into the river or stream.

I will continue to research my other claims as time permits (overnight work trip today)and post them even if I am incorrect.

 

[mikep691]

From CDFW:

Q: Is high banking also prohibited?
A. There are several different methods of high banking. If you propose to use a suction dredge for high banking, pursuant to Fish and Game Code section 5653(d), you must be more than 100 yards away from the active channel. Otherwise, high banking is not prohibited by SB 670. However, activities which subtantially modify the bed, bank or channel of a river or stream are subject to the Notification requirements of Fish and Game Code section 1602. High banking may meet this criteria and you are advised to contact the appropiate CDFW regional office for more information.

I am incorrect in this, as it specifically states "... a suction dredge for high banking...".

 

[mikep691]

http://www.waterboards.ca.gov/water_issues/programs/cwa401/docs/suctiondredge/highbank_faq.pdf

 

[Goldwasher]

If you use a suction hose to a hi banker its a dredge.....no hose no dredge...they sure like to use the word MAY....and they want you to call and double check if your ok....pretty vague isn't it...... there is no law or regulation that specifically makes power sluicing illegal... don't dump dirty water into the river is about all you have to worry about. sb637 was created to give swb jurisdiction....BECAUSE they don't have it...and even after it is signed it will only apply to state and private property...all of this disregarding the fact that the material coming out of a sluice is not point source pollution so the CWA and other codes are not applicable.....propaganda and bad miners communication is setting back our rights quite a bit!!!

 

[Goldwasher]

Also per the new bill all those permits you couldn't get before are changing as well as the fees...and you won't be able to do any of it until they do EIR's for every waterway in the state according to Se. Allen and the senate environmental committee. They still have to classify all these waters...Sounds like the waterboard is a little behind in knowing about there waters...

 

[fowledup]

1. The Fish and Game Code, the Clean Water Act, and the California Water Code
prohibit you from discharging water and waste sediment from your highbanker or
power sluice to an area such that it may enter a stream, river, lake, or other
surface water body without a permit from the Regional Water Quality Control
Board (Regional Water Board) responsible for the area where you’ll be mining.
Currently there is no general permit available for discharges of water and waste
sediment from highbankers or power sluices to streams, rivers, lakes, or other
surface water bodies. (Sound familiar- "you need a permit....but there really is no permit, but you can't do it cuz you need a permit! WTF!)
Also try and find the applicable defintions from the Waterboardm, SWRCB, or NPDES for what constitutes "waste water" or "sediment discharge".

 

[Goldwasher]

We don't meet any of the criteria fowled that's why its buried somewhere...Several years ago came upon volume thresholds searching deep into the matrix....I kick my self for saving it only on that computer...I can no longer find them. It was all the water diversion amounts maximum discharge amounts that would trigger the need for these permits etc.
Maybe Barry knows where to get the info I have tried numerous time to find it again and cant.
Several on here have seen me post the challenge before ill use all caps this time.

CALL THE WATERBOARD!!!TRY TO APPLY FOR A PERMIT!!!!!! ... COME BACK HERE AND TELL US HOW IT GOES!!!!!!....no one ever comes back with an answer.
Just like before the moratorium when NONE of these laws changed just like they haven't now....no one had a hi banking permit....just like you can't get one now!!!!

 

[fowledup]

We don't meet any of the criteria fowled that's why its buried somewhere...Several years ago came upon volume thresholds searching deep into the matrix....I kick my self for saving it only on that computer...I can no longer find them. It was all the water diversion amounts maximum discharge amounts that would trigger the need for these permits etc.
Maybe Barry knows where to get the info I have tried numerous time to find it again and cant.
Several on here have seen me post the challenge before ill use all caps this time.

CALL THE WATERBOARD!!!TRY TO APPLY FOR A PERMIT!!!!!! ... COME BACK HERE AND TELL US HOW IT GOES!!!!!!....no one ever comes back with an answer.
Just like before the moratorium when NONE of these laws changed just like they haven't now....no one had a hi banking permit....just like you can't get one now!!!!

YEP! I think I have those somewhere in the dark recessess of this computer. If I can find them I'll send them to ya

 

[mikep691]

I did look further at the "riparian water rights" issue before departing on my aggravating trip. Seems as mineral estate grantees, we are afforded those water rights, so basically water board is just plain BS. Had family issues pop up that now has my attention, and will look into the wild and scenic when I get home. Thanks to those that POLITELY corrected me. It made me prove myself wrong and no one could be happier.