What is legal and what is not? It my depend on who you ask.

[diverrick]

I have a co worker who bought a claim last year and took his dredge down and was getting some awesome gold based on the pics he showed me. Then he got busted for dredging. He was not fined nor ticketed. They were cool and simply told him to knock it off. I applaud them for that method of handling it. They told him he needed to stop(well DUH). But then they claimed he had re directed the river, and he needed a Plan of operation approved before he could continue his work on his own claim. They also said he would be needing a permit from the Water board. Which as far as I know is like a dinosaur. They might have existed but no longer are available. They also told him that NO suction nozzles of any sort could be used. No dredging, no high banking. Now this is where I get confused. I thought the ban was all about motorized equipment. I certainly have never read about non motorized equipment being banned. What I proposed is that he and I lay out some cash for some piping, and we could lay enough pipe out to get about 25 to 50 PSI to run my smaller dredge off of. He is reluctant of course, as they put the scare in him. But I really would like to have some clear rules we can follow, not every ranger with his own set of rules. In this day and age you almost have to be a lawyer to know if your legal to mine or not. Please send me your thoughts via PM, as I know the agencies involved follow these forums. It is too bad they don't even know the regs, but still want to enforce their version of the law. It seems we are almost back to Brandons case where someone with deep pockets has to get arrested and push each point to figure out where we stand. Thanks all looking forward to all the opinions.

 

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[Tom_in_CA]

This sounds like a nugget and prospecting category topic. Versus a normal md'ing topic. Eg.: coin , relic, arpa, turf-disturbance, etc... There is specialty sub-forums that deal with that arena of md'ing, and related legalities.

All I can say is: ... sounds like your friend bumped into a singular "concerned" barney-fife. Who can dig waaaaayyy deeep into minutia and find all sorts of things that *technically* you and I run afoul of. We can knock ourselves silly trying to refute persons such as this ..... Or we can avoid getting seen by this type person. And just move our dredge out of his view access point from the then on out ? But .... one of those specialty niches that a coin/relic hunter probably can't comment on

 

[Rodbuster209]

If you are here in California be glad he did not get ticketed, lose all his equipment and have to pay a fine. The rules have definitely changed. Good luck!

 

[Tom_in_CA]

If you are here in California be glad he did not get ticketed, lose all his equipment and have to pay a fine. The rules have definitely changed. Good luck!

Rodbuster209, I'm not a prospector (I'm just coins/jewelry/relics). But .... for purposes of his nugget/prospecting issue: Do you know of any examples of someone who's ever got "ticketed" and "lost all his equipment" for dredging incorrectly on one's own claim ? If so, please let us know of any such example you know of.

 

[Tom_in_CA]

skippy, thanx for the answer back. I'm glad md'ing for coins/relics isn't facing such laws resulting from environmental nonsense. I guess the 3 toed salamander and spotted owls don't get hurt when we find a merc or barber. Thank goodness

 

[Honest Samuel]

It does not make sense that People can own claims, but not mine them.. If yes, there is no sense in owning claims.

 

[Tom_in_CA]

We now know that Skippy doesn't care about the poor little spotted three toed salamanders. I don't know how he can sleep with himself at night. Next thing you know, he will be clubbing baby seals. Tsk tsk.

 

[Rodbuster209]

diverrick,

California's ban isn't only on Motorized dedges, it also includes "mechanized" which is what you're describing. See here:
https://www.wildlife.ca.gov/Licensing/Suction-Dredge-Permits
The use of vacuum or suction dredge equipment, otherwise known as suction dredging, is currently prohibited and unlawful throughout California.

Under new state law effective January 1, 2016, the use of vacuum or suction dredge equipment is defined to mean the use of a mechanized or motorized system for removing or assisting in the removal of, or the processing of, material from the bed, bank, or channel of a river, stream, or lake in order to recover minerals.


And to Tom,


The first landmark case for someone who was mining their own claim and then got fined, has already gone through the court system. They ruled in favor of the state, basically stating that owning a claim didn't give them the right to mine it... just own it. The guy's name is Brandon Rinehart, and he was mining his own claim. see here:
https://americanminingrights.com/the-brandon-rinehart-case/

I know a custom gold equipment maker in California (Gold & Diamond Trommel Wash plants & Highbankers by Heckler Fab), who reported to me several customers were nailed with fines, and prohibited from mining/dredging the rivers on their own claims. When it went into effect, there was a big push to shut all these active systems down. They all had to move to dry areas. Dredging on streams and rivers is OUT... whether mechanized or motorized. It's nasty business, buddy...

Cheers,

Skippy.

Thanks Skippy for posting those links. I had heard and read about it but couldn't remember where.

 

[Honest Samuel]

There is no mining in Connecticut.

 

[diverrick]

A couple of thing to add to this thread. I would not consider a pipe to even remotely bbe called Mechanized. Mechinized to me mean it has moving parts. Plus,after I last posted, I was at the sport and boat how in sacto and asked the two dfg officers about the motorized reg. They both agreed that a gravity dredge would be totally legal, because it is not motorized of mechanized. Now to find a claim in their area.

 

[Terry Soloman]

There is no mining in Connecticut.

Sure there is HS. People dredge and highbank creeks in Connecticut with good results.

 

[Terry Soloman]

A couple of thing to add to this thread. I would not consider a pipe to even remotely bbe called Mechanized. Mechinized to me mean it has moving parts. Plus,after I last posted, I was at the sport and boat how in sacto and asked the two dfg officers about the motorized reg. They both agreed that a gravity dredge would be totally legal, because it is not motorized of mechanized. Now to find a claim in their area.

You live in Kommifornia. The Karuk Indians Karuk Tribe and environmentalists have decided you can't stir up the riverbed with your dredge - and that is that.

 

[AlienLifeForm]

Jeez. Is it illegal to breathe in CA yet?