High banking in California

[spillercanyon]

Hello,

I have read a number of threads dealing with High Banking in California but I am still confused as to its legality. I read on DFG's website, http://www.dfg.ca.gov/suctiondredge/ that it is legal but blm's website, Dredging sites - Mother Lode Field Office, Bureau of Land Management California, states that it is illegal. Can someone make sense of this bs and tell me whether it is legal or not?

** I fixed the link to the dfg website **

 

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[Hoser John]

Waterboards bs rulings are contained in this forum also. Too many agencies covering different regs on the same piece of property. By law--federal laws take precedence over stupid state laws BUT corrupt Judges fine/incarciate you anyhow. Bottom line is fs/blm giving out tickets on federal lands is legal BUT cdfg not as federal laws triumph over state?? Now that your totally confused join the rest a us. Do what ya can afford to do the time and pay the fine for,if not,simply don't do till this insane bs is hashed out. All districts doing different stuff,some 0 others tickets soooooo....John

 

[B H Prospector]

Spillercanyon,
I visited with the vice-president of the PLP this past week end at the GPAA gold show. I asked him the same question but only in South Dakota. He said that you can go right ahead and highbank. The mining law of 1872 gives us that right. Just don't dump directly back into the creek. Use a settleing pond. If you want to be extra careful then recirculate the water.

Good Luck!

B H Prospector

 

[Oakview2]

Wet to wet, dry to dry, holding pond. I don't think you will have any problems with FS or BLM unless you are on a designated scenic river. Water board is another story, but I don't think they have a real enforcement presence. Turbidty is their hot button issue, hope they go to a river anytime it rains on any of these creeks. They will be looking for a bridge to jump off of.....

 

[Hoser John]

PLOP bs will incarciate ya as NOT in kalif,soooo ez for others to pontificate from afar and NOT in your boots. The old rules yes with holding ponds,with NO digging in riparian habitat(100 yards from creek same as dredging) and wet r dry bs dead for at least 4 years or so. Extremely complicated matter with HUGE fines and any agency can cite ya utilizing waterboards mandate of 3 permits($1,800++) site and time specific and ya gotta tell'm when and where so they can come fine ya $100,000 and $50 a gallon fine for every gallon of water you polluted with your discharge. All facts here in archives under water boards bs. Err on the side a caution and be a MUCH happier fella-John

 

[kuger]

PLOP bs will incarciate ya as NOT in kalif,soooo ez for others to pontificate from afar and NOT in your boots. The old rules yes with holding ponds,with NO digging in riparian habitat(100 yards from creek same as dredging) and wet r dry bs dead for at least 4 years or so. Extremely complicated matter with HUGE fines and any agency can cite ya utilizing waterboards mandate of 3 permits($1,800++) site and time specific and ya gotta tell'm when and where so they can come fine ya $100,000 and $50 a gallon fine for every gallon of water you polluted with your discharge. All facts here in archives under water boards bs. Err on the side a caution and be a MUCH happier fella-John

.............those per gallon fines can rise exponentially.....as well.I have a feeling the first few will be made examples of..yet if you read this.................?
http://www.treasurenet.com/forums/dredging-hi-banking/308974-sediment-no-threat.html

 

[spillercanyon]

Thanks for the replies. Kuger and Hoser, you guys are dredging rock stars. Been following this site for a number of years, just got access to high speed internet so I thought I would join in the forum. I have been prospecting for 40 years, just as I get to retirement age, this bs. I've got another question, on the dfg website, it says it's o.k. to use a gravity dredge under 'Mining which is not prohibited', I suppose it would be the Water Board I would have to worry about? Never seen a Water Board person but I would assume they're as slimey as the rest.

 

[kuger]

Thanks for the replies. Kuger and Hoser, you guys are dredging rock stars. Been following this site for a number of years, just got access to high speed internet so I thought I would join in the forum. I have been prospecting for 40 years, just as I get to retirement age, this bs. I've got another question, on the dfg website, it says it's o.k. to use a gravity dredge under 'Mining which is not prohibited', I suppose it would be the Water Board I would have to worry about? Never seen a Water Board person but I would assume they're as slimey as the rest.

As of right now there is only one Water Board Enforcement Officer in this region,and I beleive he is out of the Redding area(?)That being said as John stated all it takes is a call from any other Enforcement,or one of the many inspectors around

 

[Hard Prospector]

Most federal and state authorities seem to reguard a "highbanker"as a device that drafts out of the creek or river, washes materials, and then discharges the silt and debris back into the water way. Setting up a recirculating system on site,although more work, seems to address the issue as far as I'm concerned.At the end of the day, I shovel the silt 150' away from the creek(dump the gravel and clean clear water back in) and carry out any debris or trash. That way I can say that I left the site as good if not better.

 

[B H Prospector]

Well guys as far as I'm concerned you all can have California and their crooked polititians. That state will never see a penny of my money even as a tourist. I t sounds too me like you are all afraind to fight for your rights and are content to let the state dictate to you what you can do. Can anyone say communisum?

GOOD LUCK!! you all need it.

B H Prospector

 

[Hoser John]

God given gravity dredge is still legal as new regs specifically mandate a jet--pump--or engine ...quantify a dredge as with gravity you got none. Been doing it for years as sure is easier to haul in a hose....and thats it. Folks are also blasting with just a simple 3 hp engine,compressor and blasting cracks" 3' away from the banks please as any closer gets a .....ya' you guessed...yet another insipid illegal fine. Radical environutz have killed mining in this state and they are most pleased..F'M'---John

 

[spillercanyon]

Hey Hoser,
With a gravity dredge, can you just start a syphon with the suction hose and have the sluice a ways below you or do you need to bring water down from above and use the water to power the jet tube? I think this is the way to go for me. I don't rarely see anyone on my claim and the quietness of a gravity dredge would keep them from deciding to head down the cliffs. Besides, I think dredging without the noise of the engine would be a nice change, as long as it functioned well.
Keith

 

[kuger]

Well guys as far as I'm concerned you all can have California and their crooked polititians. That state will never see a penny of my money even as a tourist. I t sounds too me like you are all afraind to fight for your rights and are content to let the state dictate to you what you can do. Can anyone say communisum?

GOOD LUCK!! you all need it.

B H Prospector

You are right BH,aside for the statement that we are standing by,you obviously dont understand that this stuff is being passed behind closed doors,by slight of hand,piggy backed on other bills,not voted on by the public,and we are stonewalled by last minute meeting changes(cancelasions)(sp)lost literature of ours submitted to them,lies and the over whelming money they have behind them.I dont know where you are but if you think this BS is unique to Cali you are in for a surprise!!

 

[B H Prospector]

Kruger,
From what i read in here you are just standing by. I never hear how when you hear what the wackos are going to do, that you contact you state reps or senators. I just read all the whinning and complaints you guys post. Nothing of how you are fighting back. I'm in South Dakota. We have our mining issues here also but we take the fight to them. I personally know my state senator and also know one on the other side of the state and contact them with my concerns. I have never heard of any of you calling, writing, or talking to any reps. Hefty1 is the only person in these forums who has grown a pair and fought back. The rest just cry about it. I have even read at times of some of you bashing the GPAA and PLP. At least they are fighting and trying to do something. I am sorry to dump on you all like this even though dredging doesn't affect me, it just frustrates me when people won't fight when they need to. I hope you can find thye courage to band together join the PLP and fight for your rights. If you don't no one else will.

Good Luck to ya all and God bless!

B H Prospector

 

[kuger]

Well dear sir because I dont get on here and tell you The $2000 I have given toward the cause,or the countless letters I have sent or the hours I have spent on the phone,or the many miles I have traveled to the "phantom",meetings,only to have the doors locked and it "moved",doesnt mean I have not been fighting.This is not a hobby my friend,this is a huge part of my income.I have also spent the last 15 years fighting for my right to own a gun,for my hunting outfitting business in Montana which has been put under with the introduction of Wolves and out of control FS "agents",for my right to use leghold traps to do my "other",job(predator control)I lost....now I am on the verge of losing my right to use my hounds....dont preach to me about "Fight",I ,dear sir could be considered a wore torn "wounded",Veteran. Thank You

 

[delnorter]

Amen Kuger, good job, it's a long hard battle everywhere.

Mike

 

[B H Prospector]

I commend you Kuger! You are indeed rare. I do not know you but from your post and the respect you garner from this community I believe you to be an honest and honorable person. I do apologize if I insulted you. That was not my intention. I just want others who just want to whine and just sit there to get off there duffs and fight. Some do fight and don't say anything like yourself. I do belive that they shouldn't fight alone though. Enlist the help of others to help in the fight. It doesn't always have to be financial but with letters or phone calls. There is strength in numbers. We all need help at times. Again Kuger I am truly sorry if I insulted you. Just trying to ruffle enough feathers to stop the whining and spur some action. We can't afford to argue with each other. Peace brother.

Good Luck!

B H Prospector

 

[kuger]

I commend you Kuger! You are indeed rare. I do not know you but from your post and the respect you garner from this community I believe you to be an honest and honorable person. I do apologize if I insulted you. That was not my intention. I just want others who just want to whine and just sit there to get off there duffs and fight. Some do fight and don't say anything like yourself. I do belive that they shouldn't fight alone though. Enlist the help of others to help in the fight. It doesn't always have to be financial but with letters or phone calls. There is strength in numbers. We all need help at times. Again Kuger I am truly sorry if I insulted you. Just trying to ruffle enough feathers to stop the whining and spur some action. We can't afford to argue with each other. Peace brother.

Good Luck!

B H Prospector

No offense taken my friend,and understand that my words are from frustration,frustration of a life of not taking from or hurting anybody....just doing my thing and having every part of it stripped away piece by piece.Whats frustrating the most is being stonewalled and not heard no matter how loud you scream.I dont know what they want guys like me to do?Sit in the house and twiddle my thumbs I guess?
You are so right though,not enough people even participate in the activities like we do to outnumber the ones that want to save the world,and tell everybody else what they feel they can and can not do

 

[B H Prospector]

I do understand your pain my friend.Some how and some day, and I hope it is in time, people will wake up and say enough is enough. I do believe that is starting to happen during this election.

B H Prospector

 

[russau]

BH i agree!