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DELETE THIS PROFILE... ITS SAYS FUCK YOU ALL OVER IT
Member
Posts: 278

Its not Much info, but we'll soon find out if there is any lite at the end of the tunnel.


Miner's News

02/10/2012

Suction gold dredging regulations to be released shortly by California Department of Fish & Game Print Below is the latest information sent out on February 10, 2012, from Mark Stopher of the California Department of Fish & Game regarding suction gold dredging regulations:

 

 

Interested Parties

 

The Department of Fish and Game is almost finished with its review of all the comments and other information it received during the public review period that ended for the proposed Suction Dredge Permitting Program in May 2011.  As part of that effort, the Department has determined that some revisions to the proposed regulations as originally noticed in February and March 2011 are necessary.  The Department expects to release the proposed revisions to the public in the next week or so.

 

You are receiving this email in advance of public release of the proposed revisions as an email subscriber interested in updates from the Department about the proposed permitting program.  As a subscriber, you’ve indicated your interest in and willingness in the past to receive updates electronically.  In that same vein, the Department intends to send you the proposed revisions via email the same day the revisions are released to the public generally.  If you do not want to receive notice and a copy of the proposed revisions via email, please let me know as soon as possible.  Thank you.

 

Mark Stopher

Senior Policy Advisor

California Department of Fish and Game


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February 11, 2012 at 8:02 PM Flag Quote & Reply

DELETE THIS PROFILE... ITS SAYS FUCK YOU ALL OVER IT
Member
Posts: 278

Legislative and Regulatory Update February 2012 (Vol. 81, No. 6)

by Staff Print • Our Federal Landlord

Range Magazine has an excellent article titled “Our Federal Landlord” that details the federal government’s  unconstitutional purchase and control of public lands.

 

Dr. Michael S. Coffman writes, “The U.S. Constitution specifically prohibits the federal government from owning large blocks of land. The reason for this has become obvious in the past 50 years. Rural residents who make their living from Western federal lands today are finding that Washington is regulating them toward bankruptcy while an ill-informed population in the East is complicit by default.”

 

The article covers the history of federal land grabs and the laws and treaties that have been promulgated over the past hundred years that are in direct conflict with the U.S. Constitution. It’s available free at rangemagazine.com and is a must read. (7-page pdf file -- may take a minute to load.)

 

• One down, two to go

Public Lands for the People (PLP) successfully appealed the injunction that started much of the suction gold dredging fiasco in California. This was the taxpayer lawsuit filed by Leeon Hillman of the Karuk Tribe in Alameda County Superior Court.

 

The court ruled, “Because recently enacted legislation prohibits suction dredge mining in the near term and at least until environmental review is completed and new regulations are in place, there is no longer a threat of immediate irreparable harm justifying provisional relief in the form of a preliminary injunction. Accordingly, we shall reverse the trial court’s order.”

 

This is only the first hurdle—it clears the way for PLP’s challenge of SB 670 and AB 120, the two California bills that are currently holding up the issuance of dredge permits.

 

Meanwhile, the California Department of Fish & Game announced that they anticipate releasing new suction dredging regulations as soon as February 2012. We’ll have to wait and see what those look like, but we’re not holding our breath for anything reasonable based on the process so far.

 

• Challenging timing windows in Washington State

Washington State miner Bruce Beatty has filed a complaint in Superior Court after exhausting his appeals with the Pollution Control Hearing Board over the ridiculous timing windows for placer mining in the state.

 

The Washington Department of Fish & Wildlife (WDFW) wanted to limit Beatty’s work window to two weeks during the middle of winter. He applied for an exception, but was denied by the WDFW, and that denial was later affirmed by the Pollution Control Hearings Board.

 

It’s a strong case that should finally put the unwarranted and unreasonable timing windows to rest, but funds are needed to get it through court. Contributions can be made to Public Lands for the People, 7194 Conejo Dr, San Bernardino, CA 92404. Make sure you designate your contribution to support Bruce Beatty.

 

• More roadblocks to mining

The current administration continues to appease environmental organizations and place additional roadblocks in front of public land users. Here’s the latest:

 

The US Fish & Wildlife Service (FWS) approved petitions to consider over 425 new species as threatened or endangered in 2011. The agency is also considering a new Endangered Species Act definition that would change the way they define “significant portion of its range.” The new definition would require prohibitions across all of a species range even if it is determined that the species is considered threatened or endangered on only a portion of that range.

 

Interior Secretary Ken Salazar has placed a 20-year mineral withdrawal on over 1 million acres near Grand Canyon National Park.

 

“This unilateral, arbitrary decision is an extreme action that is not based on science,” said Doc Hastings (R-WA), chairman of the House Natural Resources Committee.

 

“The Department’s own Environmental Impact Statement does not justify the withdrawal and studies have shown that uranium mining outside the park’s border can be done safely with negligible environmental impacts. We can responsibly mine while still protecting the environment. It doesn’t have to be the all or nothing approach that the Administration has unfortunately decided to take,” said Hastings.

 

The BLM and Forest Service are considering additional prohibitions in ten Western states to protect the “greater sage-grouse.”

 

The agencies are attempting to side-step the 1872 Mining Law by limiting occupancy and land use in areas where the sage-grouse is present. The news release issued by BLM stated that “human-caused disturbance in priority habitat would be limited to less than 2.5% of the species’ total habitat, regardless of surface ownership. In priority habitat areas where more than 2.5% of the surface area has already been disturbed, the BLM would not authorize any further disturbance.”

 

The proposed alternative would essentially obtain the results of an Endangered Species Act listing without going through the ESA process.

 

“A Report on National Greater Sage-Grouse Conservation Measures” is available on the Internet. (It may take a minute or two to load.)

 

A brief public comment period will close on February 7, 2012. Comments for the eastern region (Colorado, Wyoming, North Dakota, South Dakota, and parts of Montana and Utah) can be emailed to [email protected]

 

Comments for the western region (California, Idaho, Nevada, Oregon, and parts of Montana and Utah) can be emailed to [email protected] 

© ICMJ's Prospecting and Mining Journal, CMJ Inc. See Terms of Use for more information.

 

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February 11, 2012 at 8:04 PM Flag Quote & Reply

Tom Cochran
Member
Posts: 10

Thanks for the update Bradley

February 13, 2012 at 7:18 PM Flag Quote & Reply

Gary Chance
Member
Posts: 245

See what happens when people do not vote in elections and believe that the government will do right for the people! Its all BS! And its time to vote these A.H's out of office and vote in ones that are for peoples rights, not animals and fish rights over humans right to make a living!

--

E.B.P Claims Committee Chair

Dig Deep! and Get "R" Done!!

February 14, 2012 at 3:33 PM Flag Quote & Reply

Mike1893
Member
Posts: 1

I'll second that Gary!

They gotta go!

February 20, 2012 at 9:45 PM Flag Quote & Reply

Scotty
Member
Posts: 521

A Men brother. 8)

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Scotty  EastbayChapter GPAA                                                    

February 21, 2012 at 6:08 PM Flag Quote & Reply

Pucky
Member
Posts: 1394

San Bernardino Superior Court Hearing Results

 

 

1) Defendant's Motion re: Demurrer - DENIED

 Demurrer Defined: At common law, a demurrer was thepleading through which a defendant would challenge legal sufficiency of a complaintin criminal or civil cases,but today the pleading has been discontinued in many jurisdictions, including the United Kingdom andthe U.S. federal court system (thoughsome state jurisdictions, including California and Virginia,retain it).

 2) Since the D,F & G New Proposed Regulations onlycame out last Friday, Judge Alvarez asked both Attorneys to prepareBriefs educating the Court as to exactly what the New Proposed Regulations sayand what affect they will have.

 3) A new Briefing Date on the Regulations will be held April 30,2012 at 8:30 a.m. with both sides being heard concurrently.

 4) A new hearing on the Motion RE: Preliminary Injunction against SB670 & AB 120 has been set for May 10, 2011.

 The hearing will again be held in San Bernardino Superior Court CivilDept. S32 at 8:30 a.m. The address, once again is:

 303W. Third St.

San Bernardino, CA 92415-0210 

In Summary, it wasn't a clear-cut victory, but it CERTAINLY was not a defeat.  The State again wanted to have the venue moved up to Alameda and Judge Alvarez denied that!  Our view is that Judge Alvarez just wants to have ALL the facts before making a ruling that could be further challenged. We feel this is a prudent decision and the new Proposed Dredging Regulations which are totally ludicrous, will only help to strengthen our case!!!

 

 

 

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P  Pu  Puc  Pucky!

February 22, 2012 at 3:44 PM Flag Quote & Reply

Pucky
Member
Posts: 1394

I asked what can us miners do to help;

Gary replied:

Pucky,

 

GET EVERYONE TO FILL OUT THAT FORM ABOUT WHAT THE NEW PROPOSED REGS ARE DOING TO THEM!  If you need the form, it is posted on the PLP Website at plp1.org, it is also posted in the GPAA FORUM, I have posted it on my FaceBook Page, the GPAA FaceBook Page and Gold Prospectors FaceBook Page.  They can also e-mail me at [email protected] and I can e-mail them the form.

 

We need these all in before March 5th!!!! So therre isn't much time and I haven't received very many yet!

 

HELP US GET THE WORD OUT!!!!

 

Thanks Pucky!

GaryG

The ball is now in your court folks......

 

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P  Pu  Puc  Pucky!

February 22, 2012 at 4:38 PM Flag Quote & Reply

Sourdough Joe
Member
Posts: 578

Seems to me the ball is in Judge Alvarez's court, in San Bernadino.

isn't he calling the shots? setting the dates? making the decision?

how exactly will filling in this form provide any input to the judge's decision?

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February 23, 2012 at 1:27 AM Flag Quote & Reply

THERAIDERDAD
Member
Posts: 112

SAY IT AINT SO JOE!!!! WHAT WILL IT HURT?

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I CAN DIGIT    HELL BENT AND HELL BOUND!!!!  charter member eastbay prospectors concord,ca. black hills prospecting club of south dakota,STATE DIRECTOR SOUTH DAKOTA GPAA

February 23, 2012 at 3:07 AM Flag Quote & Reply

DELETE THIS PROFILE... ITS SAYS FUCK YOU ALL OVER IT
Member
Posts: 278

Ever see the Bang Head Here printout..... its kinda like that..... with thumbtacks poking throught... rusty like.  Im kinda suprised that any dredging will be allowed. CA. has the habit of taking away and not giving back. look at gun laws(and no i dont want to start anyone going on that).

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February 23, 2012 at 3:19 AM Flag Quote & Reply

Rich68
Member
Posts: 328

Here is my take on it:


1) The Defendant (Department of Fish & Game (DF&G)) is trying to say that the Case the PLP has filed against them (the "Preliminary Injunction against SB670 & AB 120") has no legal merit.

To do this, they have filed a 'Demurrer' with the court.

THE DEMURRER WAS DENIED, and the case will still be heard by the judge.


2) Since DF&G just released their new Proposed Dredging Regulations last week, the judge asked them to prepare arguments as to how these new rules will affect what they are fighting for.


3) Since they need time to prepare these arguments, the judge has given them approximately 5 weeks to do so, and set a date of April 30,2012 for them to present what they have to say.


4) If all goes well, and there is not further problems or delays, the ACTUAL case will be heard on (the new court date of) May 10, 2012.


It would also appear that the DF&G doesn't like this judge and/or where the case is being heard, so they tried again for a chage of venue (to move it to a more favorable court/judge for them).

IT WAS ALSO DENIED!


So it is all still moving forward, and without much interference.

--

 People are doing either what they THINK is right,
or what they KNOW is wrong.


February 23, 2012 at 4:06 AM Flag Quote & Reply

Sourdough Joe
Member
Posts: 578

Sourdough Joe at February 23, 2012 at 1:27 AM

Seems to me the ball is in Judge Alvarez's court, in San Bernadino.

isn't he calling the shots? setting the dates? making the decision?

how exactly will filling in this form provide any input to the judge's decision?

do no harm. filling in the form may give one a false hope of doing something constructive?

i'd prefer to waste my time as i see fit.

am just wanting to know what good it will do, is that soooo hard to answer?

can someone answer why filling in this form will help the miners' dredging case?

i'm open minded, but i'm not going to fill in a form without good reason, hurt or no hurt.


respectfully, sourdough joe

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February 23, 2012 at 2:53 PM Flag Quote & Reply

frank
Member
Posts: 6

just sourdough being sour

February 23, 2012 at 3:09 PM Flag Quote & Reply

THERAIDERDAD
Member
Posts: 112
Ok,ok,i just heard proactiv is more than a pimple cream. Note: this was my attempt at humor and not joe.
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I CAN DIGIT    HELL BENT AND HELL BOUND!!!!  charter member eastbay prospectors concord,ca. black hills prospecting club of south dakota,STATE DIRECTOR SOUTH DAKOTA GPAA

February 23, 2012 at 9:58 PM Flag Quote & Reply

Scott Simpson
Member
Posts: 63

A donation to PLP is something I think we can all agree would help the cause! :)

http://plp1.org/joindonate.html


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Scott Simpson

Club Treasurer

February 24, 2012 at 5:11 PM Flag Quote & Reply

GoldCrazy
Member
Posts: 76

aside from the gobbly gouk can we dredge or not?

February 26, 2012 at 6:08 PM Flag Quote & Reply

Rich68
Member
Posts: 328

Yes, we can dredge. But it is still illegal.

--

 People are doing either what they THINK is right,
or what they KNOW is wrong.


February 26, 2012 at 8:46 PM Flag Quote & Reply

GoldCrazy
Member
Posts: 76

lol live free or die

February 26, 2012 at 11:29 PM Flag Quote & Reply

DELETE THIS PROFILE... ITS SAYS FUCK YOU ALL OVER IT
Member
Posts: 278

Good for you Rich. hope you finaly unboxed your new one.

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February 26, 2012 at 11:36 PM Flag Quote & Reply

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