Forum

Illegal dredging/sluicing?

Posted by George Curnow on April 10, 2010 at 11:07am in Questions and other things

Here's one for ya.

I have a placer mine on my Calif. claim.

There is a shaft that I have been working that takes on a couple of feet of water each spring.

It is about 150 feet from an active stream.

All water remains within the mine, I just recirculate the water for my dredge/sluice.

I remove the tailings to outside the mine, but the water remains inside.

I'm working an old stream bed with a lava cap.

Am I in violation by using a dredge in the mine?

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Replies

  • Steel Pan April 10, 2010 at 5:50pm
    Interesting issue George, you are not alone in your dilema.
    I have the exact same situation.
    A placer mine with internal water.
    You're not working my mine are you? LOL
    • George Curnow > Steel Pan April 10, 2010 at 6:00pm
      Could be,....could be..... LOL
      • scottnugget > George Curnow April 10, 2010 at 7:10pm
        Yeah but how many other people's claims are next to a placer claim off the water. Unless they have a lode or stamp mill claim, nobody claims all that much land off of the water line. Sometimes you are on the left, right or down the middle of where the boundries are. Also if you are in a steep canyon, is it 300 lineral feet from the stream or 300 feet horizonal from the stream?
        • George Curnow > scottnugget April 10, 2010 at 10:39pm
          I believe it is 300 surface feet. Although, if observed on a map, it is long/lat as opposed to angular. The latter would cover more surface ground.
  • George Curnow April 10, 2010 at 5:35pm
    I've never heard anyone mention, or maybe not realize that.....
    A placer claim is 660 feet wide, and 1320 feet long.
    If a stream runs the length and center of a claim, you can not dredge or "boom" within the boundries of the claim, 'cept for the last 30 feet on either side. When I refile my claim this fall, I'm seriously concidering turning my claim 180 degrees, thus giving me half the length along the stream, but an additional 375 feet to either side that I can work by "booming", and such.
    Doesn't solve my mine issue, but I'll try anything.
    • andrew hall > George Curnow April 15, 2010 at 7:43am
      660x1320=20acres.have never staked nor owned a 20 claim.same fee at county recorder and blm whether 20,40,60,up to 160 acres.20=1 locator/location notice signer.40=2,60=3,etc. 160 acres=8 locator signers.same price as 1 for 20 acres.2 or more locators=association claim.one of two locators,or one of eight may eventually buy out one or all of the others.and file an amended notice.together with quit claims from original claimants,one person can hold claim to 160 acres.another issue is that the watercourse rarely runs through the center of the claim.claims must be described by aliquot portion.sw 1/4 of se 1/4 sec.12 t32n r4w mdm=40 acres. a section being one square mile,or 640 acres.like inlaws,pretty easy when you get used to it.i highly reccomend the blm claims validity book.20 bucks,well spent and read.luck
    • George Curnow > George Curnow April 11, 2010 at 10:44am
      Correction, that would be 90 degrees, not 180.
  • George Curnow April 10, 2010 at 4:48pm
    So far, this is all I have found.
    No refferance as to what type of claim/mining taking place, ( placer or lode ).

    http://www.equalaccess2justice.us/docs/article2448-attachment1.pdf
  • scottnugget April 10, 2010 at 1:13pm
    I have a claim with a simular situation. I'll look into it also!
  • George Curnow April 10, 2010 at 11:40am
    Thanks Howard.
    I wonder now, if I file a "Lode" claim within my "Placer" claim, would the same laws apply?
    I know there has got to be a way around that stupid law.
    I break away the material with a pick and suck it up with the dredge.
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