cowboy444
Jr. Member
I just arrived home after my visit with the Lawyer. We have decided to do a “Stipulated Facts” trial. This means that I plead guilty to dredging in a Wild and Scenic Waterway. The charge is NOT having the NPDES 700PM permit.
This will put us in a position to appeal any decision by the court and we will be challenging the authority of DEQ to demand that I have a permit and the validity of the NPDES700PM permit. It will also challenge the validity of the citation by OSP who does not have jurisdiction on a navigable waterway. The United States Coast Guard has jurisdiction of ALL Navigable Waterways
The Appellate court will be in Salem, Oregon and my Lawyer said it may take as much as 2 years to get it over with.
I have signed a waiver of jury trial in order to speed things up. I will not need to fill the court room with supporting miners because I will be pleading guilty. I won't be able to post the results until March 15th or 16th., but I will let you all know how we are proceeding.
cowboy444
This will put us in a position to appeal any decision by the court and we will be challenging the authority of DEQ to demand that I have a permit and the validity of the NPDES700PM permit. It will also challenge the validity of the citation by OSP who does not have jurisdiction on a navigable waterway. The United States Coast Guard has jurisdiction of ALL Navigable Waterways
The Appellate court will be in Salem, Oregon and my Lawyer said it may take as much as 2 years to get it over with.
I have signed a waiver of jury trial in order to speed things up. I will not need to fill the court room with supporting miners because I will be pleading guilty. I won't be able to post the results until March 15th or 16th., but I will let you all know how we are proceeding.
cowboy444
