More smoke and mirrors from the state.

[timberjack]

Chrsbrns please post screenshot origins. Im interested in your argument and want to read further if the information is relavent,,like case law,,,,but dont want to waste time on propoganda....it would be nice to be able to read the entire argument being presented,,not just 1 paragraph......good to see someone that cares about potential freedom loss,,,,,but,,think about how you come across in your posts,,,,,you get more bees with honey and you get more interest with solid facts, an understanding of how our laws work, and presenting a possibel cure to the stated problem.

 

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[2cmorau]

Wow they held two meetings in over a year. Shows real concern! Do we still call it concern being that they didn't actually do anything to stop the abuse?

it would be great if this was the only matter on the books
https://www.facebook.com/NaturalResourcesCommittee
About the Committee - House Committee on Natural Resources

It's not a quote of an article if you add text. It also has nothing to do with the legislators intent to make mining all but impossible.

Wow they held two meetings in over a year. Shows real concern! Do we still call it concern being that they didn't actually do anything to stop the abuse?

Did anyone bother to look at the multitude of other acts and bills that the subcommittee on public lands and enviroment are working on? Oh gezzz the same subcommittee that just introduced a bill to reform the 1872 mining act. The same people who are so concerned about abusive rangers that they held two meetings in over a year!

It looks like im beating a dead horse trying to get any of you to stand up and do something and help yourself so im just going to have to sit back with you and watch the house burn down.

 

[2cmorau]

1000s of environmental groups file frivolous lawsuits all for the gain of tax payer monies and most times create unemployment, as in the case of Rinehart, see how many Plaintiffs, starting with Kamala, one man standing up for his and our rights up Against this onslaught of tyrants

 

[Armchair prospector]

C2 you hit it on the head. Environmental groups are causing unemployment and the government pays them to do it, by votes. Hefty keep beating the dead horse, as long as it takes to get it through the thick head's of those who don't understand.

 

[chlsbrns]

I take this as not needing CWA permit for highbanking.... Not trying to beat a dead horse.


Section 404(f) Exemptions

Section 404(f) of the Clean Water Act provides a list of activities exempt from regulation under Section 404 of the Clean Water Act. If an activity involves the discharge of dredged and/or fill material into waters of the U.S. and falls within one of these activity categories, a Department of the Army Permit under Section 404 of the Clean Water Act is not required (see Exceptions). These exemptions do not apply to any activity within a navigable water of the U.S. in which a permit is required under Section 10 of the Rivers and Harbors Act of 1899.

NOTE: These exemptions only apply to activities occurring within waters of the U.S. that result in a discharge of dredged and/or fill material. A permit would NOT be required under Section 404 of the Clean Water Act if the activity would NOT result in the discharge of fill material into waters of the U.S. Please contact your local district office for a determination on whether your activity is exempt under Section 404(f) of the Clean Water Act.

Exempt Activities

1. Farming, silviculture and ranching activities 2. Maintenance Activities
3. Construction and maintenance of Farm ponds, stock ponds, or irrigation ditches or the maintenance of drainage ditches
4. Construction of temporary sedimentation basins
5. Any activity with respect to which a State has an approved program under section 208(b)(4) of the CWA which meets the requirements of sections 208(b)(4) (B) and (C).

6. Construction or maintenance of farm roads, forest roads, or temporary roads for moving mining equipment
[h=2]Exempt Activities[/h]
The following is a brief summary of each category of exempt activities. For clarity and readability, the entire excerpt of the Corps regulations was not included. If you would like to review all requirements for exempt activities, please see 33 CFR 323.4 .
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1. Normal Farming, silviculture, and ranching activities such as plowing, seeding, cultivating, minor drainage, and harvesting.

- includes: plowing, seeding, cultivating, minor drainage and harvesting for the production of food, fiber and forest products, or upland soil and water conservation practices
- MUST be a part of an established (on-going) farming, silviculture, or ranching operation. An operation is not longer established when the area on which it was conducted has been converted to another use or has lain idle so long that modifications to the hydrologic regime are necessary to resume operations.
- For example, if a property has been used for cattle grazing, the exemption does not apply if future activities would involve planting crops for food; similarly, if the current use of a property is for growing corn, the exemption does not apply if future activities would involve conversion to an orchard or vineyards.
- If the activity does not occur within waters of the U.S., or if it does not involve a discharge of fill material, the activity does not require a Department of the Army permit, whether or not it is part of an established farming, silviculture, or ranching operation.
​

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2. Maintenance Activities.

- includes: emergency reconstruction of recently damaged parts, of currently serviceable structures
- examples: dikes, dams, levees, groins, riprap, breakwaters, causeways, bridge abutments or approaches, and transportation structures.
- DOES NOT include any modification that changes the character, scope, or size of the original fill design
- Emergency reconstruction must occur within a reasonable period of time after damage occurs to qualify for the exemption
- If a maintenance activity would involve ANY modifications to the original fill design, including the location of the fill, the type of material to be used, the amount of material used, etc., then the activity DOES not qualify for the maintenance exemption and a DA permit would be required. However, the activity may qualify for authorization under a Nationwide Permit 3, Maintenance.
​

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3. Construction and maintenance of Farm ponds, stock ponds, or irrigation ditches or the maintenance of drainage ditches

- This exemption applies to the construction or maintenance of farm or stock ponds or irrigation ditches, or the maintenance (but not construction) of drainage ditches.
- Discharges associated with facilities that are appurtenance and functionally related to irrigation ditches are included in the exemption (e.g. siphons, pumps, headgates, wingwalls, weirs, diversion structures, etc.)
- Regulatory Guidance Letter (RGL 07-02) provides additional information regarding this exemption for the construction and maintenance of irrigation ditches and maintenance of drainage ditches, including definitions for irrigation ditches, drainage ditches, construction and maintenance.
​

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4. Construction of temporary sedimentation basins

- This exemption applies to the construction of temporary sedimentation basins on a construction site which does not include the placement of fill material into waters of the U.S.
- Construction site is any site involving the erection of buildings, roads, and other discrete structures and the installation of support facilities necessary for construction and utilization of the structures. Also includes any other land areas which involve land-disturbing excavation activities, including quarrying and other mining areas, where an increase in the runoff of sediment is controlled through the use of temporary sedimentation basins. ​

​

Why didnt you quote the Exceptions to the Exemptions?

 

[Hefty1]

Why didnt you quote the Exceptions to the Exemptions?

There ya go...

[h=2]Exceptions to the Exemptions
[/h]

In some cases, even if an activity falls under one of the 6 categories, a permit may still be required.
​

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Toxic Pollutants

If any discharge resulting from the exempt activities contains any toxic pollutant listed under Section 307 of the Clean Water Act, the discharge will be subject to any applicable toxic effluent standard or prohibition, and will require a Section 404 permit.
​

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Recapture Provision

Any discharge of dredged and/or fill material into waters of the U.S. incidental to any of the exempt activities must have a permit if it is part of an activity whose purpose is to convert an area of a water of the U.S. into a use to which it was not previously subject, where the flow and/or circulation of waters may be impaired or the reach of the waters reduced. This is a two part test. If the activity would convert an area of waters of the U.S. into a use to which it was not previously subject (e.g. wetland to upland, wetland to open water, etc), but it would not impair the flow and/or circulation or reduce the reach of the waters, then the recapture provision does not apply, and vice versa.
​

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[chlsbrns]

Exempt Activities

The following is a brief summary of each category of exempt activities. For clarity and readability, the entire excerpt of the Corps regulations was not included. If you would like to review all requirements for exempt activities, please see 33 CFR 323.4 .

33 CFR 323.4 - Discharges not requiring permits. | LII / Legal Information Institute

 

[chlsbrns]

There ya go...

[h=2]Exceptions to the Exemptions
[/h]

In some cases, even if an activity falls under one of the 6 categories, a permit may still be required.
​

Back to Top

Toxic Pollutants

If any discharge resulting from the exempt activities contains any toxic pollutant listed under Section 307 of the Clean Water Act, the discharge will be subject to any applicable toxic effluent standard or prohibition, and will require a Section 404 permit.
​

Back to Top

Recapture Provision

Any discharge of dredged and/or fill material into waters of the U.S. incidental to any of the exempt activities must have a permit if it is part of an activity whose purpose is to convert an area of a water of the U.S. into a use to which it was not previously subject, where the flow and/or circulation of waters may be impaired or the reach of the waters reduced. This is a two part test. If the activity would convert an area of waters of the U.S. into a use to which it was not previously subject (e.g. wetland to upland, wetland to open water, etc), but it would not impair the flow and/or circulation or reduce the reach of the waters, then the recapture provision does not apply, and vice versa.
​

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eCFR ? Code of Federal Regulations

 

[Hefty1]

Well ya know what? If they want to stand there and test the water that is going through my highbanker. Have at it! Come back in a month and let me know what ya find.

 

[Goldwasher]

Test results = H2o no need to wait a month