Gravity dredge question

Updated on 01/15/2016

Current Status

The use of vacuum or suction dredge equipment, often known as suction dredging, is currently banned and illegal throughout California.

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From January 1, 2016, under new state law, the use of vacuum or suction dredge equipment is defined as the use of a mechanized or motorized system to remove or assist in removing material from the bed, bank, or channel of a river, stream, or lake to recover minerals.

The California Department of Fish and Wildlife is also prohibited under existing state law from issuing permits for suction dredging in California, according to the Fish and Game Code.

Using vacuum or suction dredge equipment is prohibited in California's rivers, streams, and lakes. Violators may face enforcement and prosecution as a criminal misdemeanor.

(See generally Fish & G. Code, §§ 5653, 5653.1, 12000, subd. (a).)

New State Law Governing Suction Dredging in California Effective January 1, 2016

The new state law related to suction dredging, effective from January 1, 2016, is commonly called SB 637. This law amends Fish and Game Code section 5653.

• Prohibits the Department from issuing any permits without a complete application, including necessary water quality permits or authorization.
• Ensures permits will be issued only with regulations that minimize significant effects on fish and wildlife.
• Allows the Department to adjust permit fees to cover regulatory costs.
• Requires cooperation with state water quality control boards to address possible violations.
• Defines the use of vacuum or suction dredge equipment, clarifying it doesn't apply to nonmotorized recreational mining activities like panning for gold.

Water Code section 13172.5, added by SB 637, also influences suction dredging practices:

• Defines the use of vacuum or suction dredge equipment.
• Permits the State Water Resources Control Board to adopt waste discharge requirements or impose conditions/prohibitions on suction dredging to protect water quality.
• Mandates public input and hearings before taking any regulatory action.

For information regarding state and federal water quality permitting requirements, and related actions by the State Water Resources Control Board, the Regional Water Quality Control Boards, and the U.S. Army Corps of Engineers, visit:

SWRCB
USACE San Francisco District
USACE Sacramento District
USACE Los Angeles District

Ongoing Litigation

The California Department of Fish and Wildlife, formerly known as the Department of Fish and Game, has been involved in numerous lawsuits related to suction dredging since 2005. Ongoing civil proceedings are coordinated in San Bernardino County Superior Court (Suction Dredge Mining Cases, Judicial Council Proceeding No. JCPDS4720). An appeal is pending in Division Two of the Fourth Appellate District (In re Suction Dredge Mining Cases, No. E064087).

Related litigation is also pending before the California Supreme Court (People v. Rinehart, No. S222620). This case questions whether the Mining Act of 1872 preempts California's regulations on suction dredging.

Stay updated on significant developments in ongoing litigation by visiting www.courts.ca.gov.

Mining Activity Not Currently Prohibited by the Moratorium

While the statutory moratorium prohibits some forms of mining in California rivers, streams, and lakes, not all mining activities are banned. Lawful instream mining activities must comply with other environmental laws. For example:

• Fish and Game Code section 5650 prohibits placing materials harmful to fish into water bodies.
• Section 1602 requires individuals to notify the Department before substantially diverting or obstructing natural water flow.

2013 CDFW Report to the California Legislature

On June 27, 2012, California enacted SB 1018, amending Fish and Game Code section 5653.1. The bill directed the Department to consult with various agencies and give recommendations to the Legislature by April 1, 2013, regarding statutory changes necessary to regulate suction dredging.

The Department submitted the required report to the Legislature on April 1, 2013.

General Background Information Regarding CDFW and Suction Dredging

Fish and Game Code Statutes and Related Regulations

The California Department of Fish and Wildlife (CDFW) regulates suction dredging under Fish and Game Code section 5653. The use of vacuum or suction dredge equipment by any person in any California river, stream, or lake is prohibited unless authorized by a CDFW permit. However, CDFW is currently prohibited from issuing such permits, and motorized vacuum or suction dredge equipment use is banned (Fish & G. Code, § 5653.1).

CDFW’s suction dredge regulations are in the California Code of Regulations, Title 14, sections 228 and 228.5. The regulations were comprehensively updated on April 27, 2012, and the regulatory definition of suction dredging was amended on June 28, 2013, and again on August 4, 2014.

Key environmental review and rulemaking documents from 2012 and 2014 are available below. To access Fish and Game Code and CDFW's suction dredge regulations, click on the provided link.

Key Documents from the 2014 Environmental Review and Rulemaking Effort

Key Documents from the 2012 Environmental Review and Rulemaking Effort

On March 16, 2012, CDFW completed a multi-year environmental review and rulemaking effort to update suction dredge regulations. The regulations took effect on April 27, 2012. Additionally, CDFW prepared and certified a Subsequent Environmental Impact Report (SEIR) consistent with the California Environmental Quality Act (CEQA).

The Draft and Final SEIR prepared and certified by CDFW for its Suction Dredge Permitting Program can also be accessed here.

Dredge Improvements and Suggestions

Hi, I’m looking to reconfigure the dredge I recently purchased, which was well-built by someone in the South Island. It operates with a Swimjoy pump on a 9 hp Honda engine.

(Correction: it’s a GX 140 5.5 hp engine running a P180 equivalent pump.) The suction hose is 3 meters long.

Based on expert advice, I need to classify and build a wider box. Special thanks to those who offered their insights personally.

I have 17 riffles measuring 50mm x 250mm. Adding classification may help keep the boxes open and prevent clogging. Including expanded mesh might also aid in clearing and capturing materials.

I am targeting flaky, light flood gold, with maximum finds of up to 0.3 grams so far.

I’m working my permit near Kumara, West Coast. For more details, visit our website hdpe floats manufacturers.

Issues arise with blockages in the pipe unless running at 3/4 throttle or more, leading to jetting out over the box. The suction pipe is 5 inches, likely oversized for the pump. The box measures 250mm wide by 1700mm long, with riffles that collect many rocks. The water depth is about 100mm, and the end of the box is submerged, causing no back pressure. I get better recovery with my hand sluice box.

Planned Improvements:

• Adding a grate on the nozzle to minimize rock size and blockages, though it means lower production and more manual labor.
• Stopping dredging periodically and running full throttle to clear the suction hose might disturb the sluice bed if no gravel is picked up.
• Setting up a classifying mesh or punch plate in the box to deflect jetting from blocked suction hoses.

Does anyone have experience with Gold Hog mats or Dream Mats in dredges? I assume they reduce concentrates but worry the rocks might unsettle the bed holding the gold.

Running beyond 3/4 throttle, I fear the light flood gold will float away.

The unit is portable and compact, making it easy to transport into tight areas. Classification is a priority, with plans for a longer, heavier dampening mat and a wider box redesign. It's feasible to raise the box and engine.

If anyone has suggestions or input, please share. New users can only upload one photo, apologies for that.

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