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FOURTH QUARTER, SEPTEMBER 2009
VOLUME 23, NUMBER 10
New 49’ers Discover High-grade Gold Dredging on the Rogue River in
Southern Oregon!
Ken & Dan Sampling
Within days after Governor Schwarzenegger signed
Senate Bill 670 into law, we were already in planning to launch
a
week-long group
dredging sampling program onto the Rogue River in Southern
Oregon. This was going to be a vitally important mission for
The New
49’ers. So I only invited very experienced dredge miners to
participate. Our success was the result of hard, dedicated work by the
following members: Robert Green, Dan Christenson, Ken Eddy, Mike & Rachel
Dunn, James & Denise McCarville, Alan Mash, Craig Colt, Mike & Shawn
Higbee, Jim Yerby, Tom & Pat Harris, Jesse Fence and Joelle Stine.
There are several good reasons why we targeted the Rogue River on this
project. The first, of course, is that California just recently passed a
law which has imposed a moratorium upon any further suction dredging until
the Department of Fish & Game (DFG) completes an updated Environmental
Impact Report (EIR) on the affects of
suction dredging
and adopts new regulations, if necessary. While it is our intention to
challenge the new law (please see next section below), there are no
guarantees the process will be completed anytime soon. The New 49’ers has
a responsibility to provide mining opportunities for
our members.
Some of our members prefer suction dredging over other types of mining.
Therefore, once the governor signed SB 670 into law, we immediately
started looking for suction dredging opportunities outside of California.
One nice thing about the Rogue is that the section of river we chose is
not any further away than
Happy Camp for
members traveling north on Interstate 5. Gold Hill (one of several places
where the Rogue crosses Interstate 5) is only around 9 miles to the north
of Medford (Oregon). We were looking for a place which is not too distant
from our main
headquarters in
Happy Camp.
We have also been looking at the
mining history
of the Rogue River in the area around Gold Hill and Grants Pass. This
history is good! Still, even though we have been hearing good reports for
years, before encouraging our members to go over there, I personally
wanted to see high-grade gold being recovered out of the river.
In gold mining, seeing is believing!
Within the past year or so, Oregon courts have confirmed the validity
of a law which declared the Rogue River as “navigable.”
This is a legal term which places the entire river and its bed under the
ownership of the State of Oregon. This means that there is no private
property, and there are no mining claims, between the normal high water
marks of the river. Oregon has placed the entire 37 mile section of river
between the Gold Ray Dam and the Applegate River in a “recreational”
status. This means the river is open to rafting, boating, fishing,
swimming; and yes, suction dredging.

Click on the map to see the full size
version with links to points of interest and river access.
As the stretch of river between the Gold Ray Dam (about 8 miles from
Medford) and the Applegate River (downstream from Grants Pass) is a
very long one, all of which is gold-bearing, and our time for this
project was limited to about a week, we decided to begin within a few
miles downstream of the Gold Ray Dam. This is an area where several of our
project-participants had previous experience in dredging high-grade gold.
We still have a lot to learn about this Rogue River. Our immediate mission
was mainly to prove conclusively that high-grade is present there
now! So we started in an area where others had found it before.
Tuning
in to the Wavelength of Success!
Here follows a video segment put together to give you an idea what the
surrounding area looks like along the Rogue River in the area we were
sampling:
Rogue River
Scenes
This was not one of those types of projects where we needed to provide
any teaching or guidance for the members who participated. Everyone
present already knew what to do. Mainly, we coordinated our
sampling
program amongst ourselves to make our progress more effective.
I brought a boat along so I could help participants get their gear across
the river and sometimes up and down the river.
We had seven dredges participating in the project. All or most of them
were recovering gold on the first dive. Within the first two days, it
became clear that the Rogue River is producing gold from one bank to the
other! Several participants were into
high-grade
gold within the first few days. Interestingly, at least in the
sections where we sampled, we found that much more of the river has yet to
be dredged, than what has been dredged before. This is true even in some
of the most accessible areas.
Here follows a video segment which captured the excitement and
satisfaction Craig and Mike were experiencing just as they started
uncovering high-grade gold in one section of the river:
Craig & Mike
Sampling
Here is another thing we discovered to our amazement: Even though the
Rogue is a wide river like the Klamath, you generally do not have
to dredge very deep to reach the bedrock, or a false bedrock which is made
up of cemented gravel. The average depth of gravel we were dredging to the
pay-dirt was less than two feet. Our samples were turning up gold results
weighing in the pennyweights in places where several local dredgers told
us that they ruled out as “not good enough to dredge.” With more
time, I am certain we will find even higher-grade gold deposits! Mainly,
for starters, we wanted to make sure the gold is there.
The gold is definitely there!
As you will be hearing plenty more about this over the next several
months, let me just begin with some of my own initial observations:

While the Rogue River is big and wide (in places), we found that there is
an abundance of slow, shallow water where you do not have to dredge very
deep to reach bedrock or the cemented gravel layer. We were finding good
gold in the
hard-packed
layer right on top. Fine gold, and some nuggets, seems to be
spread all across the river. There is a lot of slow, easy water
where beginners can learn without getting in over your heads. My initial
impression is that beginner-dredgers will have an easier time getting into
gold on the Rogue, than along the Klamath River.
Here follows a video segment which we captured of James & Denise
talking about how nice the area is, showing off some of the gold they were
finding, and talking about their plans of returning to the Rogue River
next year:
James & Denise
Sampling
There also seems to be a ripe opportunity for more-serious
dredgers. We only saw a few dredgers working the river while we were over
there. So we took the opportunity to meet them. Besides being hospitable
and friendly, they were also very helpful with historical
information about the area. They passed along some very encouraging
stories of fantastic gold recoveries which have been made by a few
more-experienced suction dredgers along the Rogue River. Based upon their
information, it only took us a few hours before we were recovering
beautiful gold nuggets just by busting open cracks along exposed
bedrock in a slow, shallow section of the river! With time, I am sure we
can tap into the really rich sections of this long river.
Still, for the time we made available for this project, we all owe our
heart-felt gratitude to each of the members listed above who helped us
prove the existence of excellent dredging opportunity for all of us on the
Rogue River. This was a very important mission! All of us were very
satisfied with what we discovered. Here follows a video segment that
captured the
enthusiasm
we were feeling when Alan started bringing up gold from a relatively
shallow and easy area to dredge, while Mike and Craig were tapping into a
higher-grade gold deposit which we located further out into the
faster water:
We Are onto it Now!
Here is a video segment which was shows about half-mile of the river
from a boat. This is just a short distance along the river. So the video
provides some valuable perception of how much room there is for us on the
Rogue River:
Running the Rogue
While the river is designated as “recreational” by Oregon,
a lot of it is land-locked by private property on both sides. This means
we will need to gain access through the public access points. As a
starting point on this, we have Rachel Dunn and Joelle Stine to thank for
devoting a substantial amount of time going around and finding the
first 25
public access points to the Rogue River (between the Gold Ray
Dam and Applegate River). We will likely find more with time. These access
points are all numbered on
our map.
The numbered links on our map will take you to our “Rogue River Access
Guide” that includes images, important details and GPS coordinates for
each place where you can gain access to the river. There is also a Google
Earth link so that you can fly to each access point and actually look over
the river from a bird’s eye view. We have also created a preliminary
Lodging
Guide that will list all or most of the private lodging
facilities along this 37 mile stretch of the Rogue River.
Because of the limited access, I encourage you to think
about bringing along a small rubber or aluminum boat with portable motor.
A prop-guard is a good idea to help protect your propeller in shallow
water. If you use a motorized boat on the Rogue, Oregon requires you to
have a boat registration from the state where you reside (if required by
your state). They also want you to pass a
boating safety
course which can be accomplished (free) over the Internet. A
small boat will allow you to more-easily access both sides of the river
upstream and downstream of the public access points in most places. This
will provide you with more dredging options.
Oregon dredging regulations appear to open the Rogue River
to suction dredging from 1 July through the end of August. While the rules
are not as clear in Oregon as they are (were) in California, my best
perception is that suction dredging on the Rogue River requires you to
obtain two permits. One of them is free. You can obtain that one from the
Oregon Department of State Lands with an
application
over the Internet. To make it simpler for you to fill out your
own application, we have placed a copy of my own
approved
permit for 2009 on our web site.
The second dredging permit is available for $25 (same fee for residents
and nonresidents) by sending in your application to the Oregon Department
of Environmental Quality (DEQ). You can print out the
application by going
to their web site. You can find a copy of my
own 2009 permit application
here.

Overall, during the week we spent there sampling, we found
the local residents and other visitors to be very friendly and
hospitable. Even the home owners we encountered along the sides of the
river were friendly. I am speculating that because Oregon law creates a
firm boundary at the high water mark, and the river is seen as a place
for recreation, local residents generally do not seem to be resisting the
activity.
We spent quite a lot of time in the small community of Gold Hill during
the week I was over there. People are outgoingly friendly there. Everyone
we talked to about what we were doing thought it was “cool!”
The local dredgers we talked to (we only found a few dredgers over there)
expressed sympathy about our situation in California. They were not
surprised to see us working our way up into Oregon. All of the people in
the rafts and fishing boats, along with the swimmers and picnickers
alongside the river, were very friendly to us. There is a definite feeling
of group outdoor recreational activity in the air over there.

While suction dredging in the active waterway is looked
upon as just another recreational activity, I gather that digging holes up
on the bank is frowned upon. Private property begins at the normal high
water line, not far from the river in most areas. Bad idea to start
digging up someone’s front yard! My impression is that the Rogue River is
not the place to bring your high-banking gear. While I have not
looked into it, I gather that
high-banking
(using a shovel to dig for gold up out of the water) requires its own
permit in Oregon. So I strongly suggest you members who like to mine for
gold out of the water plan to spend time along our
very extensive
properties just over the border in California. The Rogue River
is mainly going to be an excellent suction dredging option.
There is a lot more modern structure along the Rogue
than we are used to along the Klamath River. Cell phone coverage seems to
extend nearly everywhere. There are roads mostly along each side of the
river. There are lots of nice RV parks and different kinds of
lodging facilities and sweet-looking restaurants along the river. The area
is much more developed to support recreational activity.
We are presently working on a group camping option for our
members. This is not going to be as easy as it has been along the Klamath,
since federal mining claims are not part of the equation. For the most
part, the area seems mostly structured for visitors to plug into local
private facilities. I suggest you don’t wait until the last minute to line
something up. The facilities looked pretty full from what we saw, but
fishing season was in high gear during our visit.
No Suction Dredging in California – What We are Doing
About it!
As most of you have probably heard by now, Governor Schwarzenegger
signed Senate Bill 670 into law which has placed a statewide moratorium on
suction dredging in California until the Department of Fish & Game (DFG)
completes an updated Environmental Impact Report (EIR). This EIR process
has already begun. Under the present schedule, public hearings will begin
in November of this year. DFG is now projecting to complete the process by
the fall of 2011. If they remain on schedule (unlikely, in my own
opinion), this means we will miss two dredging seasons in California.
Just in case you didn’t know, this new law only stops suction dredging
within California’s active waterways. It does not have anything
to do with the other types of prospecting or mining that we do in
California. Unaffected prospecting activities include
panning,
sniping & Vack-mining,
sluicing & high-banking,
booming, electronic
prospecting and other types of
prospecting
that do not use a suction nozzle within an active stream, river or creek.
It also does not affect our
group weekend
projects.
We are Immediately Implementing a 3-Pronged Solution
for California Suction Dredgers
As we are not very good at sitting around complaining, here is what we
are doing:
1) Participation in the Administrative Process: The EIR on
suction dredging in California must be completed through a CEQA
Process (California Environmental Quality Act); which, based upon
best available science, requires the authorities to identify any
important concerns. Then, those concerns must be addressed through
implementation of regulations which are least-restrictive upon
people and economic activity. This is not new to us, since
we actively participated in the earlier EIR which was completed
during 1994.
We have already lined up specialist-biologists on our team who
are ready to participate as the process moves forward. Our
lobbyists are already busy soliciting assistance from the friends
we have in the California legislature. Hopefully, some of their
aids will also participate in the process, helping us to keep
things on a “fair and balanced” approach and moving along
towards completion as soon as possible. Our attorneys are
continuing to pursue remedies in the Alameda Superior Court to
help move the process along.
We will be actively involved with the Administrative process,
pushing it towards completion while fighting to prevent
unreasonable solutions (regulations) from being imposed upon our
industry. Ultimately, if we do not overcome the new law (outlined
in solution number 2 just below), completing the Administrative
process is going to get dredgers back in the California waterways.
We are right on top of this.
2) Challenging the New Law in Federal Court: In
anticipation of the possibility that SB 670 might be signed into
law, several months ago, we asked our attorneys to perform legal
research to prepare ourselves for a challenge in federal court to
overturn the new law. This new law is clearly flawed, and there is
a reasonable chance that we can overcome it.
As always with legal matters, I have to try and present you
with enough details to keep you informed, but not so much that we
tip off our adversaries (who read every word published on every
Internet forum having to do with mining).
To help with an explanation,
here is a summary which our lead attorney has provided.
Even the U. S. Forest Service (USFS) is taking the position
that the Mining Law, Organic Act and their own Section 228
regulations pre-empt the new California law. My sources are
telling me that USFS will not enforce the new law and will
continue to allow suction dredging on USFS lands. California may
try to enforce it, but the USFS will not and will not accompany
California officials in the field. My understanding is that USFS
is taking the position that the U.S. Supreme Court case known as
“Granite Rock” directs only reasonable state
environmental laws “of general applicability” can
apply to operations authorized by the Mining Law. It says that
state or local regulations or laws “cannot say no”
to mining activities on federal public or National Forest land
that comply with the Section 3809 or Section 228 regulations,
respectively. The Granite Rock case originated in California.
Under existing federal law, mining is the
priority-use of the public lands. Regulations can only
be imposed to lessen unnecessary impacts. Regulation cannot be
used to prohibit mining. There is a lot of existing,
controlling case law on this. Yet, without any proof that a single
fish has ever been harmed by suction dredging in California under
our existing suction dredge regulations, even while they continue
to issue fish-kill licenses to millions of others, the State just
passed a new law which declared suction dredging as “harmful,” and
prohibits suction dredge mining until such time as the activity
can be further studied with new regulations imposed upon our
industry.
Our federal challenge will be to try and prove that a state
does not have the authority to prohibit or impose unreasonable
regulations upon mining on the public lands. The outcome of this
challenge will most likely have an important impact upon mining in
all of the states. So we must be very careful about
what we do. If we win such a challenge, it is reasonable to expect
all states to back off on all the unreasonable regulation of
mining activity within their borders. Winning would solve a lot
of problems for miners!
If we lose such a challenge, we can expect the states to step
in with even more unreasonable regulations upon mining.
This leads me to the subject of how we will pay for a challenge
of this new law in federal court. We need to have some certainty
that there are enough supporters on our side who will help New
49’ers cover the costs. This, so we don’t make the fatal mistake
of starting a fight that we cannot finish!
Most of the industry manufacturers (and others) are supportive
of a federal challenge. So we have been able to pull together a
very substantial
list
of prizes for this new fund-raiser.
The donors of these
prizes have authorized our office to automatically generate a
ticket in your name for every $10 legal contribution we receive
($100 would generate 10 tickets, etc). There is no limit to the
size or frequency of your contributions, or to the number of
prizes you can win. The drawing will take place on 4 January, 2010
at our offices in Happy Camp, California.
Legal contributions can be arranged by calling (530) 493-2012,
by mailing to The New 49’er Legal Fund, P.O. Box 47, Happy Camp,
CA 96039, or by clicking
here:

Asking the “federal supremacy” question in
federal court will most certainly affect the future of all
small-scale mining (and probably even large-scale mining) in
America for the foreseeable future. In my view, the responsibility
is too large to place on a single attorney who is being managed by
just one or two people from the whole industry. It would wise to
get more organizations and more specialists involved with
this. With your support, we are ready to play. Our attorneys are
as good as you can find! We would like to see other organizations
also actively participate.
This fund-raiser is going to be the decision-maker
concerning New 49’er active involvement in a legal challenge in
federal court to California’s new anti-dredging law. We will make
the decision based upon how much initial financial support that we
receive from you guys.
Thanks for whatever you can do!
3) Working out Suction Dredge Opportunities in Oregon:
Oregon’s annual suction dredge permit presently costs $25 per year
for both residents and non-residents.
We have struck high-grade gold on our dredge sampling project
along the Rogue River. You will be hearing much more from us
during the next few months about how we intend to support our
members who wish to operate your dredges in Oregon.
Meanwhile, as you know, we continue to have the best
high-banking opportunities (anywhere) along the Klamath River in Northern
California for members who prefer prospecting for gold above the water.
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