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Dredge Permits

 
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Wallrat



Joined: 24 Feb 2012
Posts: 92

PostPosted: Mon Dec 26, 2016 12:54 pm    Post subject: Dredge Permits  Reply with quote

Well, I'm getting ahead of the permits, looking to make a solid defense for when I get caught dredging without one. There are three court decisions I sorta remember, but not from where.

1: said that we have a right to extract the minerals on our claims (redundant, I know).

2: said it is not an excessive infringement on our rights to require a permit.

3: said that a right granted cannot be converted  to a privilege, and a fee charged for same. Any help would be appreciated. Montana is trying to get me to pull three or four permits. I don't think so.
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beebarjay



Joined: 30 Dec 2011
Posts: 230
Location: Central Oregon Coast & Az

PostPosted: Fri Jan 06, 2017 9:03 pm    Post subject: Reply with quote

Need to know what permit you are speaking off.  Permit from EPA? Permit from BLM? Permit from USFS? what kind of permit you talking about?
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Wallrat



Joined: 24 Feb 2012
Posts: 92

PostPosted: Sat Jan 07, 2017 1:34 pm    Post subject: Reply with quote

State Dept of Water Quality, EPA, and local water conservation district. I'll never get a BLM or USFS permit (do they even issue permits?), so that isn't an issue
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beebarjay



Joined: 30 Dec 2011
Posts: 230
Location: Central Oregon Coast & Az

PostPosted: Fri Jan 13, 2017 2:01 pm    Post subject: Reply with quote

USFS and BLM have all kinds of ways of "Giving Permission".  One must always read the Permit language and then ascertain where they get their authority.  One then must understand specifically how they will be charged.....citing what?  NEPA  (EPA) is pretty simple to beat.....merely show the 2 Supreme Court rulings that "in stream dredge" discharge is NOT a Pollutant. However if the State has language deterring from NEPA and constitutes its' own LAW...one can find themselves in a indefensible position....in State Court.  One MUST know and understand that words matter in law.  Definitions are most applicable!


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