STAND UP AND BE HEARD

[Oakview2]

Here is the e-mail link to Fish and Shame regarding the emergency meeting to stop the Dredge workaround

[email protected]

Please take the time to write a e-mail citing scientific and economic benefits. We cannot be reglated out of the water for propsed harm. It would especialy be beneficial if guys like Hoser, who have been on the front lines could give us newer folks to the fight some insight on what these e-mails should contain. All you out of state guys who have prospected and wish to prospect the golden state need to chime in and let them know that you will not bring your vacation dollars to a state which does not respect the rule of law and the scientifice evidence that they collected in 97 and 09. Lets make some lemonade from lemons boys.

 

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[dredgeman]

The email should have a demand that the definition was already set and had plenty of time to be finalized. No emergency exists without independent scientific FACTS. my 2c worth

 

[russau]

and to think that some sleazeball wacoenviromental group dictates to the cfw and other gubermint departments (federal/ state/county/city)all over America! and we the people sit there and dont bother to do anything about it or even know what is going on! Shame on us! our protests probly wont generate more than !% of the population if that!

 

[Fullpan]

For a bunch of years now, we miners have relied on scientific facts, lawyers, raffles, comments to beauorats, court cases, and rule of law. In almost all instances we
have been handed our heads on a platter. What's that definition of insanity? "insanity is continuing to do the same things, expecting a different result"

 

[pippinwhitepaws]

Hydraulic Mining - CPRR Photographic History Museum

http://education.usace.army.mil/navigation/dredging.html

http://esciencenews.com/articles/20...river.dredging.reduced.fish.numbers.diversity


really..where ya gonna spend the gold when you have killed all the flora an fauna...or right...urban dwellers don't care about anything but themselves.

 

[Oakview2]

Copy double post

 

[Oakview2]

There are two Fish and Game studies, both showed that is not only dredging not bad for salmonoids, but actually benefits the fish population and spawning gravels. As far as Penn State, they have zero academic standing after they covered up for a pedophile assitant coach to protect their beloved football program. PS... Your Penn State pedophile opnion piece makes NO mention of suction dredge and sense the waterway in question host commercial boat traffic, I have a sneaking suspicion that it was dredged with a cutterhead or more disruptive means to deepen the channel for access. This is EXACTLY how the left argues a point, with deception, and false accusations without ANY Scientific standing Good grief I could spit nails and gunpowder

 

[Oakview2]

A copy of my letter...

A finding of emergency based only upon expediency, convenience, best interest, general public need, or speculation, is not adequate to demonstrate the existence of an emergency. (CEQA § 11346.1, subd. (b)(2).)

To whom it may concern:

The law is very clear in what constitutes a emergency. The rule of law and the rules of our Constitutional Republic have been ignored since the passing of the temporary moratorium that is in its fourth year. The online dictionary define temporary, as lasting a short time. I am sure that even you can agree that 4 years is not a short time. Fish and Game has done two studies not only affirming the non harm of suction dredging
to salmon, but also the benefits to their spawning grounds.

If you would like to address the salmons decreasing numbers, why not address the over fishery by the Karuks and their dip nets. What exact effect does that have on the salmon population.

We have played defense with both your agency, the State and the Center for Bio Diversity. You will force us to come directly after your agency not only in the criminal courts, but also in the civil courts individually as it is apparent that your agency is either afraid of these special interest groups, or are just incompetent.

We are prepared to launch ADA lawsuits against Fish and Game as our disabled members are now being discriminated against as they have no other means to work their claims. As you are well aware, these are the most prosecuted Federal Statues, and I am sure the Great State of California, who is swimming in debt, does not have the resources to take on the ADA statues . I would hope that cooler heads will prevail a
and that the rule of law is observed, and not kicked to the curb because of left wing causes, flush with 27.7 million dollars of tax money that they have acquired through the appellate process. Thanks in advance..

Respectively,

 

[Oakview2]

Any letter sent should contain the following statue\

A finding of emergency based only upon expediency, convenience, best interest, general public need, or speculation, is not adequate to demonstrate the existence of an emergency. (CEQA § 11346.1, subd. (b)(2).)

 

[Fullpan]

very good letter.

 

[Oakview2]

I am so fired up, I could piss white lighting and crap cannonballs. I have spoken to some miners this month that are ready to take up arms against against this assault. I would pray it would never come to that, but tea may have to be thrown in a harbour again ....

 

[ScottC]

Oakview2, I don't blame you for being angry, we are all frustrated by the pampus additude of the CA legistaltive committee responsible for passing SB670 through to the floor to be voted in by the dems, as an emergency bill. Its the water, parks and wildlife committee that sets the Fish and Game regulations. This committee is suppose to operate with integrity, but clearly have not in the past several years. They are not scientifically minded, but just politicians assigned to the committee to make technical scientific regulations that have affected my income from dredging by a magnatude of 10 to 20k per year. It seems this committee are a majority of Dems voting for some weird agenda that does not represent WE THE PEOPLE, they, the dems only are without any integrity. VOTE THEM OUT NEXT ELECTION. Welcome to Committee on Water, Parks and Wildlife | Committee on Water, Parks and Wildlife

 

[Oakview2]

Careful who you try and vote out. Frank Bigelow is vice chair on that chair, cattleman, republican and friend of the miners and signed on to this yesterday. Hefty reprint

Sent electronically and via registered mail
10 June 2013

Dear Mr. Bonham and Mr. Stopher;

We are in receipt of your letter dated 7 June 2013 indicating your proposed emergency rulemaking.
We are disappointed you did not consult with us during this process as we requested in our Petition dated 28 March 2013 of which we have provided the relevant request below:
“In light of the existing regulations under Section 5653 and the Center’s proposed amendments, the Western Mining Alliance respectfully requests that any such rulemaking and consultation of any proposed amendments necessarily include the Western Mining Alliance as an affected party.”
Pursuant to Section 11346.45 of the California Government Code the Western Mining Alliance is providing you notice that as an affected party to the proposed rulemaking, we hereby request discussions with the Department prior to the rulemaking.”

THEWMA.ORG - PO Box 33218, Reno, NV 89532 – PH. 916-813-0104

Director Charlton H. Bonham
California Department of Fish and Wildlife
1416 Ninth Street, 12th Floor
Sacramento, CA 95814

Mr. Mark Stopher
Senior Policy Advisor
California Department of Fish and Wildlife
601 Locust Street
Redding, CA 96001

Mr. John Laird
Secretary for Natural Resources
California Natural Resources Agency
1416 Ninth Street, Suite 1311
Sacramento, CA 95814

Mr. John Mattox
Senior Staff Counsel
California Department of Fish and Wildlife
1416 Ninth Street, 12th Floor
Sacramento, CA 95814

Mr. Thomas Howard
Executive Director
State Water Resources Control Board
P.O. Box 100
Sacramento, CA 95812-0100

Our interpretation of the word “shall” in Section 11346.45 would indicate it is mandatory. We find it surprising and disheartening you would spend so much effort consulting with anti-mining interests yet would fail to consult with the only mining organization that explicitly expressed an interest in your proposed rulemaking.
We advise you again the situation you describe does not meet the criteria of an emergency and it appears you are only using the emergency rulemaking set out in Section 11346.1 to merely avoid public discussion. We’re sure you are well aware of the requirements of this section as you have chosen to cite this section for your rulemaking thus eliminating any public discussion, but we choose to remind you of the definition of an emergency:

“A finding of emergency based only upon expediency, convenience, best interest, general public need, or speculation, shall not be adequate to demonstrate the existence of an emergency. If the situation identified in the finding of emergency existed and was known by the agency adopting the emergency regulation in sufficient time to have been addressed through nonemergency regulations adopted in accordance with the provisions of
Article 5 (commencing with Section 11346), the finding of emergency shall include facts explaining the failure to address the situation through nonemergency regulations.”

It is clear you were aware of the alternative methods of mining as early as last summer and have responded to public inquiry in regards to this in written and oral communications. You received two requests for rulemaking in regards to this in March 2013. You have certainly had sufficient time to involve the public in your rulemaking yet you disregard the requirements of the Administrative Procedures Act in favor of responding to a small minority of vocal activists.
While the presence of miners and businesses attempting to salvage the summer mining season may annoy you and the activists you are supporting, it does not reach the level of emergency and you have demonstrated no harm or no imminent danger to the public, fish or wildlife. The report you are basing your “emergency” on merely documents miners on Federal mining claims – it does not document harm. As stated in Section 11346.1
you may not use speculation as the basis for emergency rulemaking. Lacking any documentation of harm to the public or fish and wildlife it is sheer speculation that mining has caused any harm.
The “evidence” you refer to in your notice is merely the observations of anti-mining activists of miners on the rivers. They are observations of people mining but lack any statements of harm to fish, wildlife or the public.
We don’t believe miners’ presence on the river constitutes an emergency. We’re unclear when the very act of mining became illegal. We don’t read Section 11346.1 as allowing emergency rulemaking to include an agency being annoyed that miners have figured out how to continue to mine despite the complete prohibition on mining in violation of Federal law and Congressional intent. (See South Dakota Mining Association v. Lawrence
County, 1998)
Again we advise you that the existing regulations and any amendments qualify as “Major Regulations” as defined in Section 11342.548. "Major regulation" means any proposed adoption, amendment, or repeal of a regulation subject to review by the Office of Administrative Law pursuant to Article 6 (commencing with Section 11349) that will have an economic impact on California business enterprises and individuals in an amount exceeding fifty million dollars ($50,000,000), as estimated by the agency.”
It is our opinion the emergency rulemaking is a clear violation of the Administrative Procedures Act, especially in light of our request nearly two months ago to be involved in any proposed rulemaking. Why the Department chose to ignore the miners’ request and honor the activists’ request is beyond us.

Respectfully,
Craig A. Lindsay
President, The Western Mining Alliance

Copy Furnished to Others, including the following:
(See next page)

Congressman Doug
LaMalfa
506 Cannon HOB
Washington, DC 20515

Congressman Tom
McClintock
333 Cannon HOB
Washington, DC 20515

Senator Ted Gaines
State Capitol, Room 3070,
Sacramento, CA 95814

Senator Tom Berryhill
State Capitol, Room 3076,
Sacramento, CA 95814

Senator Bob Huff
State Capitol, Room 305,
Sacramento, CA 95814

Senator Jim Nielsen
State Capitol, Room 4062,
Sacramento, CA 95814

Assembly Member Frank Bigelow
P.O. Box 942849, Room
4116, Sacramento, CA 94249

Assembly Member Brian Dahle
P.O. Box 942849, Room 2174,
Sacramento, CA 94249

Assembly Member Beth Gaines
P.O. Box 942849, Room 2130,
Sacramento, CA 94249

Assembly Member Eric Linder
P.O. Box 942849, Room 2016,
Sacramento, CA 94249

Assembly Member Dan Logue
P.O. Box 942849, Room 4158,
Sacramento, CA 94249

Assembly Member Mike Morrell
P.O. Box 942849, Room 4144,
Sacramento, CA 94249

Colin Hayes
United States Senate
Committee on Energy and
Natural Resources
304 Dirksen Senate Building
Washington, DC 20510

Kathleen Benedetto
House Subcommittee on
Energy and Mineral
Resources
1333 Longworth HOB
Washington, DC 20515

Pete Obermueller
Executive Director,
Congressional Western Caucus
113 Cannon, HOB
Washington, DC 20515

Public Lands for the People
7194 Conejo Dr.
San Bernardino, Ca. 92404

Attorney James Buchal
3425 S.E. Yamhill, Suite
100, Portland, OR 97214

Pacific Legal Foundation
930 G Street
Sacramento, CA 95814

Mountain States Legal Foundation
2596 South Lewis Way
Lakewood, Colorado 80227

Defend Rural America
[email protected]

Attorney David Young
11845 W Olympic Blvd .
Los Angeles, CA 90064

 

[bedrock bubba]

I predict!

The Forest Circus will declare all the Sierra forest CLOSED real soon, using the excuse that the fire hazard is too high to masquerade the two million acre edict LAND GRAB for the three legged yellow bellied frog and scum toad. It is the perfect opportunity to slip a screw job over on the sheeple!

I have concurred with mining buds, and they agree with this.

And the green nazis are hiring snitches to go up the trails and "rat out" any mining activity and report to the Gestapo agents! They pay them a lousy $ 10/hour.

They will soon find that pay is not worth losing your life over!
The mountain people are supremely PISSED, and will take action!

This is what it has come down too. War! A war we never wanted or asked for, they started it.

 

[Gravel Hog]

Hey bb, this "mountain person" (thank you very much) is Madder than the Hatter but...
Thankfully, I found another way to make up for the income that I benefited for over 30 years dredging for gold. So my family survives to the next era.
My future doesn't include Kalifornia or the sick BS that comes from it's loins. As I recommend to all Cali's.

 

[russau]

the rights,truth,scientific facts dont mean anything anymore in the California courts or any other courts for that matter!!! lies,1/2 truths, hi pressure hype, and bribs carry the most weight and soon itll be in the rest of the states.soon some of these wacoenviromentalists will relize that they are going to get the raw end of the stick by the very ones "they" supported/lied for! they are going to have egg on their face when they find out! i cant wait for it!

 

[bedrock bubba]

You have the RIGHT idea, my friend!

being mad as a hatter and getting nukin futtzed about it will not put any gold in ones pocket.

The rabid bureaukrats have about slammed the door shut on Kalifornia mining. They already slammed it shut on the multi billion dollar industry of med MJ. (Maobamas DOJ Gestapo) did that! Now, with the scum toad, and yellow belly frog BS, that will kill off farming, ranching, mining, timber and fisheries and cost us BILLIONS of $$ and put many out of work!

So work hard at your normal livelihood before they shut that down too.

 

[bedrock bubba]

What if.....what if all the gold miners went to Downieville this July, and just started dredging, sluicing, hi banking by the thousands, and told the Gestapo to go FU? With TV cameras a blazing, lawyers present, and a show of guns and signs!

And have thousands of the Biker clubs there to protest with us, the NRA, the off road people, campers and line Hwy 49 for miles, and converge in Downieville!

What could they do? They only have ONE Fishy Game dude for all of Sierra County! ONE! And we could recruit the local sherriff and the townspeople to make statements to the presstitutes about how this Green Grab has ruined so many mountain folks, and thwarted our Constitutional rights and defied existing mining laws, and made mining claims worthless!

There is no jail big enough to hold that many! Let them bring in the Blue Meanies from Sacramento, and crack some heads open, and gas people. That hilites it even better for the sheeple to see how far this nation has drifted astray!

They could only jail a few of us, and due to over crowding would be released soon.
Do this for a whole week, camp out wherever you so desire, mine, and have a great time!

 

[russau]

your green govenor would just call in the gaurd/fw/s.police/city-county police/ to contain all of those that participated.heck they may even have the boy scouts there to tie you up!

 

[Fullpan]

your green govenor would just call in the gaurd/fw/s.police/city-county police/ to contain all of those that participated.heck they may even have the boy scouts there to tie you up!

SO WHAT IF THEY DO? I heard a rumor that the bridge below Indian Valley campground is pretty shaky and can collapse at any minute. Also heard there is extreme avalanche danger going east from D'ville. Just rumors.