HIGHBANKING DOOMED IN CA

Our blood was boiling today when we heard this!  
Where were the hearings, where were the votes? Was there even a debate?

Did you know the State of CA Water Board is now requiring a special $1120 permit to allow simple high banking or power sluicing.  Worse- it is per location! The Water Board threatens fines of $10,000+ per day for violations! We warned you when dredging was banned that it would extend to other types of mining shortly. It came quicker than we feared.


http://www.swrcb.ca.gov/water_issues/programs/cwa401/docs/suctiondredge/highbank_faq.pdf

Time to stand up for your rights!

It is not just CA: Idaho, Oregon and a major new propaganda push is underway in the Carolinas now too.

Bad science and a hidden agenda by pseudo environmentalists are threatening to destroy our hobby.

READ MORE AT Are_Permits_Needed_For_Highbanking_In_California?

We entirely agree with The ICMJ's view:

Our View

This is another blatant attempt by the Water Board to stop mining in California with unelected officials promulgating unnecessary regulations and attempting to place new tax burdens on miners.

One of the primary purposes of the Mining Law of 1872 and its subsequent amendments is to promote the exploration and development of valuable mineral deposits in the United States. Despite the amendments that have been made over the years, that purpose has not changed.

It’s obvious that the Water Board is attempting to completely usurp the will of Congress by requiring a permit for simple exploration tasks like power sluicing and highbanking. Moreover, the agency’s requirement of $1,120 is site specific. If a miner went ahead and paid the fee and did not make a discovery at a particular location, he would have to pay another fee when he picked a new location to test! It’s impossible to know if a deposit exists unless you are allowed to process an adequate sample.

There are also no provisions in the Water Board rules that address permitting time frames. Could you imagine the time it would take for the Water Board to review and respond to 200 applications? How about 500, 1,000 or 3,000?

The Water Board is attempting to use the EPA Clean Water Act and NPDES (National Pollution Discharge Elimination System) permitting as their authority. But the sampling done by a miner within the ordinary high water mark and processed within that same area does not constitute the introduction of a pollutant. The materials that were already within the area will remain within the area.

Can the State of California legally require a permit for highbanking or power sluicing on a mining claim? In our view, the answer is “no.” A mining claim that includes a waterway is private property with riparian rights. If the miner is ensuring that his activities are “reasonably incident” to prospecting, mining or processing operations and the miner fills in his holes, this should satisfy the requirement to avoid “unnecessary or undue degradation” under 43 CFR §3809.415. And, as stated above, there is an obvious conflict with Congressional intent and no introduction of a pollutant.

How about on public lands that are open to claiming but not currently under claim? We also believe the answer to this question is “no.” The Mining Law of 1872 (USC 30 Chapter 2 § 22 ) states “...all valuable mineral deposits in lands belonging to the United States, both surveyed and unsurveyed, shall be free and open to exploration...”

Processing samples through a highbanker or power sluice is exploration. Again, as long as the miner is ensuring that his activities are “reasonably incident” to prospecting, mining or processing operations and the miner fills in his exploration holes, this should satisfy the requirement to avoid “unnecessary or undue degradation” under 43 CFR §3809.415

What are the fines for not obtaining the permit?

Answer: Violating conditions 1 and 2 may result in fines of up to $10,000 for each day, or if the matter is referred to the courts, fines up to $25,000 for each day in which the violation occurs.

Violating condition 3 may result in a fine of up to $1,000 plus $500 for each day the violation continues after 30 days of the State Water Board notification of the violation. Go to: http://www.waterboards.ca.gov/waterrights/board_info/faqs.shtml#toc178761086 for details.

Violating condition 4 may result in a fine of up to $500 per day of unauthorized diversion and use. Go to: http://www.waterboards.ca.gov/waterrights/board_info/faqs.shtml#toc178761086 for details.

for More info and to help support the fight against this encroachment on our rights visit:  western mining alliance