Good News: Booming is not Considered Suction Dredging!!
Since California Senate Bill 670 passed in late 2009, there has remained some confusion as to whether or not there is also a moratorium on booming, since the activity is similar to suction dredging, except that the activity takes place up outside of the active waterway. “Booming” is a term we use when referring to the use of a suction device to feed streambed material into the recovery system of a high-banker.
To my knowledge, no prospectors have been cited for booming as a suction dredging activity. But we have received word that several of our members high-banking up on the Scott River were warned by DFG (Department of Fish & Game) wardens that booming was not allowed.
In an attempt to get the confusion cleared up before the upcoming season, our attorneys wrote a formal request to DFG for clarification on 27 October 2009. In our letter, we made our position clear that we do not believe booming can be classed as “dredging” under the terms within Section 5653 of the Fish & Game Code, because high-banking activity takes place completely outside of the active waterway. We also pointed out that while some of the gear is similar, DFG could not class booming or other high-banking gear as “dredging equipment” (which cannot be within 100 yards of a waterway that is closed to dredging) as long as there is no intention to excavate river or stream-bottom materials from the active waterway. Here is copy of our letter.
In return, DFG sent us a letter on 10 December 2009 attempting to clarify the matter. Here follows part of DFG’s written statement, which I believe settles the issue once and for all:
“If booming does not involve the use of a suction system to extract minerals from the bottom of a stream, river or lake, it is not suction dredging subject to the Department’s authority under Fish and Game Code 5653 et seq. (See also Fish and Game Code 5653.5 (“’ river, stream or lake’ means the body of water at the current water level at the time of the dredging”).)” (Emphasis added)
The Department’s full answer can be found on our web site.
For those members who intend to do booming this upcoming season, I strongly suggest that you carefully follow the Club’s Special Guidelines concerning high-banking. As far as I am aware, in 24 years of activity, none of our members have ever been in trouble with the authorities when operating within these guidelines.
I would also suggest that you print out both of these official documents to and from DFG on the subject of booming and high-banking, especially DFG’s answer which basically acknowledges that booming is not dredging. I would also suggest that you learn to describe your gear in terms of high-banking equipment and a “suction devise,” and do not use any kind of excavation equipment that floats on the water.
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Check out whats happening in Oregon, they need your help !!! This kind of micromanaging and restricting open access has killed small recreational mining in CA ! Next is Oregon then YOUR STATE!!!!
Just so I understand what you said. As I have never heard of Booming. So then this involves pumping water up to a "hole" and then sucking material out of that, while allowing sediment to settle before the water returns to the stream? And only up to the High Water line?
I have never heard the term booming also. I'm not real clear on what this article stated. I copied and pasted the article. I saw a show on tv with Kiersten Gum where they went to Roaring Camp here in California, and used a suction device called a wizz-bang. Basically dredging out of the water line with your power jet on your nozzle and also suppling water with a garden hose. So if anyone can make heads or tails of this ,please comment!
andrew hall > scottnuggetMarch 15, 2010 at 12:50pm
you must be 300 feet or more from any active waterway in california.beyond 300 feet,any size hose,suction nozzle,power jet etc. can still be used.i dont know who coined the term booming,here we just call it highbanking,mainly because of liberal eco-trolls who watch the mining forums.there was never a permit required for suction nozzles beyond the 300 foot limit.and that far away,any size crevice blaster may be used.as with any other mining activity,material must not be allowed to enter the waterway,holes must be refilled afterwards.this prospecting method will probably not become very common.viable deposits beyond 300 feet,with suitable topogrophy,open land status,etc,are not available to everyone.you need good pumps,hoses,etc. to work that way.booming is a lot of work.would reccomend a lot of sampling work be done beforehand.and be sure of the land status first,as always.
1.Dry mining activities are allowed to the high water line. This is where the line of permanent vegitation (trees) begins.
2.No hose larger than 3/4 of an inch (garden hose) shall be used to clean bedrock cracks outside of the active waterway.
3.Our understanding is that a dredging permit is not required to use the suction assembly of a concentrator when working up on the bank well above and away from the existing waterway.
4.When using water up on the bank, you must prevent water runoff to erode the bank away. If you are not sure if you are operating within acceptable guidelines, ask for assistance from Club management or the local Fish and Game representative. Play it safe!
5.No amounts of sand, silt, gravel or other materials may be washed from (using water from a pump) the bank into the active waterway.
6.No surface mining activity is allowed that will erode or damage the existing bank of the waterway or cause a widening of the existing waterline.
7.Vegetation along the edge of an active waterway may not be removed, except to make a path or clear a little room for equipment and mobility where absolutely necessary. Vegetation which creates shade on the edge of the waterway cannot be removed to facilitate mining activities.
8.Sample holes should not be excessive in size. The hole should be filled in with cobbles and tailings as it is moved in any direction, to avoid allowing the hole to become excessive in size.
9.All sample holes must be filled in when you have completed your prospecting activity. This means that cobbles should be moved back into the hole, and tailings should be shoveled back on top of the cobbles.
10.To avoid washing sand, silt or gravel into the active waterway, natural contours of the area out of the water can be used to slow or contain the water to allow setament to drop out.
11.Anyone wishing to operate in excess of these rules may require consultation with the U.S. Forest Service and/or Department of Fish and Game.
Replies
Check out whats happening in Oregon, they need your help !!! This kind of micromanaging and restricting open access has killed small recreational mining in CA ! Next is Oregon then YOUR STATE!!!!
Check out: http://www.facebook.com/#!/profile.php?id=100000660792882 (Kerby Jackson).
We do need your help !!
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1.Dry mining activities are allowed to the high water line. This is where the line of permanent vegitation (trees) begins.
2.No hose larger than 3/4 of an inch (garden hose) shall be used to clean bedrock cracks outside of the active waterway.
3.Our understanding is that a dredging permit is not required to use the suction assembly of a concentrator when working up on the bank well above and away from the existing waterway.
4.When using water up on the bank, you must prevent water runoff to erode the bank away. If you are not sure if you are operating within acceptable guidelines, ask for assistance from Club management or the local Fish and Game representative. Play it safe!
5.No amounts of sand, silt, gravel or other materials may be washed from (using water from a pump) the bank into the active waterway.
6.No surface mining activity is allowed that will erode or damage the existing bank of the waterway or cause a widening of the existing waterline.
7.Vegetation along the edge of an active waterway may not be removed, except to make a path or clear a little room for equipment and mobility where absolutely necessary. Vegetation which creates shade on the edge of the waterway cannot be removed to facilitate mining activities.
8.Sample holes should not be excessive in size. The hole should be filled in with cobbles and tailings as it is moved in any direction, to avoid allowing the hole to become excessive in size.
9.All sample holes must be filled in when you have completed your prospecting activity. This means that cobbles should be moved back into the hole, and tailings should be shoveled back on top of the cobbles.
10.To avoid washing sand, silt or gravel into the active waterway, natural contours of the area out of the water can be used to slow or contain the water to allow setament to drop out.
11.Anyone wishing to operate in excess of these rules may require consultation with the U.S. Forest Service and/or Department of Fish and Game.