November 2019 by Scott Harn
Public Lands for the People (PLP) is challenging the California Department of Fish & Wildlife after the agency attempted to expand their authority to regulate a lawful activity.
PLP is providing expert help on behalf of a member who was cited for not having a stream alteration permit for drywashing in an area nearly above the timberline where the only water that runs through there is during a rainstorm or during the snow melt.
The miner was drywashing using a small, gas-powered drywasher for a short period of time—maybe an hour—when he was asked by a ranger to see his permit, which is not required to prospect at this small of a scale. PLP has provided several relevant decisions to the court that relate to this case and is offering expert testimony on the member’s behalf.
We will keep you posted as this case progresses.
Clark Pearson (PLP northern director) and I have maintained contact with officials in Washington, DC regarding the recent petition for rulemaking related to suction gold dredging. As explained in the petition, the Clean Water Act clearly states there must be the addition of a pollutant to trigger the need for a Section 402 permit and there is no such addition involved when using a dredge. We will continue to seek action on the petition and will schedule a return trip to DC in early 2020 to follow-up on this issue, and we’ll also seek a meeting with Tim Charters, the new executive director of the Western Caucus.
Pearson called the trip, “The most productive so far. We are courting over a dozen potential sponsors now. We had some members call us back for additional meetings and several of these lasted over an hour.”
We now have supporters who are well known and connected in Washington, DC, and who state they will assist us in bypassing lower level staffers and getting us face-to-face meetings with Senators.
You have made your presence known with the BLM or Forest Service, placed Mining District signs along the entrance points to your district, and found support with other local miners. But how do you gain popular support?
Each separate Mining District is a federally recognized entity. There are huge advantages—picture yourself going to an oversight meeting where 2, 3, 4, or even more Mining District representatives have obtained voting positions on the board.
We are quite pleased to report there are some courageous miners who have taken the time to learn their rights and have gone back to dredging while knowing they could be unlawfully harassed at any time by law enforcement…
We have been playing defense for 100% of the game, and now we are finally playing some offense.
The Bawl Mill • Ask The Experts - Seeking advice on setting up an operation and the agreement with the landowner • Montana Gold and Sapphires Revisited • A Third Generation Small-Scale Hardrock Revival • Gold Prospecting for Better or Worse: Respect the Angle of Repose • The Summer of ‘81 • The “Chuck It Out” Nugget • High Sulfidation Epithermal Deposits • Gold and Silver Deposits of Bodie, California • Melman on Gold & Silver • Mining Stock Quotes and Mineral & Metal Prices