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New 49'er Newsletter

SECOND QUARTER, JUNE 2018                              VOLUME 32, NUMBER 2

Dave McCracken

 

Newsletter By Dave McCracken General Manager

 

Story by Jim Box

Horrifying experience by a gold prospector who should no longer be alive

Jim Box

I crafted my first suction dredge back in 2015 when it looked like there might be a chance to dredge again in California. But the day I placed it in the Klamath River, some game wardens confiscated two dredges downstream from me and were looking for more. I pulled my unit into the brush and ran it for about half an hour as I tried to work out a few problems. Then I put it back in the RV before the wardens could catch me.

It is just a 2″ suction and a sluice of my own making mounted on the frame and floats for a four-inch dredge. But I was pretty impressed with the way it worked. I struggled to  move it around by myself. It weighs about as much as I do; and with the current pushing on it, I am easily overpowered by the river. Doing things by myself is really tough when it isn’t just plain impossible.

Someday, I would like to find out if my dredge will catch gold. I think I have built something I can be proud of. But until dredging is legal again, I have resigned myself to stick with non-motorized gold prospecting. I do prospecting for fun. Worrying over getting in trouble with the law is not fun for me.

I had the opportunity to make a brief visit to Happy Camp in August of 2016. I like people, but tend to wander off by myself where I can enjoy the surrounding beauty and some quiet solitude.  I chose to camp at Savage Rapids. I had the place all to myself. There wasn’t a soul in sight during the four days I was there except for the people driving down the highway. It seemed like all of the other New 49’er members were far downstream developing a new gold strike that had been made below Happy Camp.

Jim's dredgeMy wife had purchased for me a metal detector and I happily spent a couple of days digging nails, tin cans and junk from the gravel bar without ever detecting a single speck of gold. I decided on my third day to put away the detector and try a bit of crevicing so I’d have something to show my wife for my time on the river. By midday, the temperature on the rocks was brutal and I was roasting in the sunshine. There, just a few yards away was a river filled with cool water. It was too much to resist.

Anyone that has ever seen Savage Rapids will tell you that is dangerous water. But a short distance downstream from the parking (camping) area and the main rapids, there is a place where the river widens a bit, creating a calmer pool on the north (road side) side of the river.

Wearing goggles, I slipped off into the water, keeping very close to shore and inspecting the gravels as I cooled off. I did not realize until it was too late that I was being slowly carried into one of those dangerous eddies. In the blink of an eye, I found myself moving faster away from the safety of the shore. I tried to swim towards the shore but the current was too strong. So I swam with the current, hoping I could just peel away from the flow. But instead, I was drawn into a narrow channel where the main flow of the river was churning the water white with bubbles.  This all happened in a matter of a few seconds.

Savage RapidsWater lacks density when saturated with air bubbles. This made it almost impossible to swim because I was stroking largely against air instead of water. I became totally exhausted almost immediately. Yet, the current just became stronger. Finally, I was drawn into the narrowest part of the channel and was spun in circles like a top by the swirling currents. I was helpless to do anything about the turbulent force that had me in its grip.  All around me were giant up-welling’s of water. Those were countered by down-welling’s which dragged me underwater like a bug being sucked down the bathtub drain.  Every ounce of my energy was drained.

In a microsecond of mental clarity as I saw a big whirlpool in my path, I knew my only hope was to fill my lungs with as much air as they would hold and hope that my natural buoyancy would at some point lift me back to the surface. I took my last breath just before I was sucked deep beneath the surface.

In total panic, I almost wasted that last breath of air by screaming for help. Not that it would have done me any good because there was nobody nearby to hear my call. Had I called out for help, I certainly would not have survived the experience.

I remember the exact moment when I became so exhausted that I could no longer move my arms and they seemed to just float above me as I sank deeper into the depths. Then came darkness as I blacked out.

I don’t know how long I stayed beneath the surface. I do remember my body getting slammed against some rocks. I vaguely remember thrashing about and banging my left elbow on the rocks hard enough to be quite painful.

The next memory I have is finding myself washed up on a little sand bar next to some boulders on the side of the river. I was experiencing an overwhelming amount of pain. I was certain that I was having a heart attack and that I was going to die right there. My body was so oxygen-deprived; that even though my lungs were taking in air, I was still gasping as if I was being dragged under the water.

When I was finally able to stagger to my feet and look around, I discovered that I was trapped on the wrong side of the river with no way to return to the other side. That’s a bad situation to be in while you believe you are having a heart attack! Scared beyond words, embarrassed, and on the edge of total panic, I sat down to rest and gather my composure. I was so weak that walking was dangerous.

There was no way I was able to swim across the river. To enter the water again was to die. That was certain.

No help was coming. I was screwed big time!

But as I gathered myself together, I recognized that I was still alive and not ready to give up. After what seemed an eternity, I began exploring the river bank looking for a way to cross the river. I found a piece of plastic rope tangled in some willows.  I gathered that up and kept looking; for what, I don’t know. I was looking for something I could use to help get me across the river. I finally settled on what appeared to be just the right piece of drift wood that might get hung up in the gnarly rocks and boulders on the far side of the river.  I tied one end of the rope to the driftwood and carefully made up the rope so it would play out nicely when I threw it.

Then, in the place where the river’s channel was the narrowest, and also the raging water was most turbulent, I was finally able to toss the piece of wood across the river and get it to hook in the rocks like a grappling hook. It took quite a lot of tries to make this happen. But I was determined, because it was late in the day and I could not fathom the idea of spending the night over there in the cold.

Not to mention that I saw a very large bear over there the day before…

I pulled and tugged on the rope about a gazillion times to test its strength while I tried to work up the courage to enter the water again. It is for sure the most frightened I have ever been in my life. I was still struggling with a horrible feeling that I was in the middle of a heart attack.

Getting to the other side of the river was my only chance of survival.

Finally, I tied the rope tightly around one wrist and plunged into the water knowing full well that if the rope or wood was to give way, the last remaining bit of life in me would be snuffed out in a matter of seconds.

In a split second, the rope slammed taught almost ripping my arm off, and the current shot me across the river like a stone skipping across the water. I consider this to be some divine intervention, because my plan could so easily have gone wrong in that mammoth torrent of boiling water. Deep down inside, I felt some relief that I made it. But I was in too much pain and far too exhausted to experience any joy.

Rope & wood

Now that I have recovered, I am so thankful for being saved by the rope and driftwood, I will hold onto them as some of my most cherished belongings for the rest of my life!

I made my way back to the RV, got into some dry clothes, laid down on the bed and totally passed out. The following morning, I woke up very happy to be alive. My body had some bruises and hurt all over. But my breathing was normal and heart was beating fine. I was starving! After some breakfast, still in shock, I stayed in the slow lane of the highway all the way back home.

I never went to a doctor, so I don’t know what happened to me physically. Whether I truly had a heart attack is just a guess. Maybe just a total panic attack. But I can say with certainty that something happened to me that has left me with less endurance than I had before. I admit this might be some post-traumatic stress from the harrowing experience I went through. Part of it is that I am just getting older, too.

That’s the second time I have nearly bought the farm in the Klamath River. I should be pretty well educated now. It reminds me of the old joke; “What do you tell someone with two black eyes? Nothing… they have already been told twice.”

I am a tad embarrassed that I have taken such reckless risks. But darn, getting myself into such dire circumstances, and using my own ingenuity to overcome them, leaves me with increased confidence and more sense of personal freedom. I am also more cautious, having experienced for myself that the difference between life and death can only be seconds away. I don’t want to repeat those experiences, but they were great adventures now that they are behind me.

And I’m still alive!

Now I am eager to get into the next adventure; but for sure, somewhat less extreme….

I Apologize for the Long Delay in Putting Out a Newsletter!
Good fun for the whole family Special Forces
Dickey

Longtime supporter, Dickey Melton, loves to feed pay-dirt into our gold recovery system during the Group Projects!

Our office has received many calls about not receiving a newsletter for so long. Nobody else can really put together these newsletters but me (too bad!). Part of the reason is that since the final two Weekend Group Mining events of 2017 were cancelled because of wildfires, I didn’t have much story material to work with. Also, until just a few weeks ago, there has been almost zero movement on legal matters that affect our situation. That doesn’t leave me much to talk about.

Even though you are not hearing from me as often as before, I can assure you that my first priority is, and always will be, with the help of our close, dedicated team, to manage the New 49’ers so that everyone who participates has a wonderful time and finds gold. And, also to oversee our obligation to try and win our industry back through the non-profit Legal Fund.

We are presently gearing up to provide you guys this season with exciting Group Mining Projects along with a special three-day event in July with mining and metal detecting seminars, a coin hunt, rafting trips and other activities that will be fun for the whole family.

Jim Box conveniently sent me his (mis)adventure story several days ago as I was struggling to come up with something to begin this newsletter. While trying to work this out, I found some video sequences that I don’t believe we have published. They provide good examples of the things we do here in Happy Camp, and how friendly our friends and supporters are:

Derek & Craig

Craig & Derrek in our shop.

Here is some video I captured of longtime supporters, Craig Colt & Derek Eimer making improvements to the non-motorized gold recovery system we use in our Group Projects:

Here is some video we captured of metal detecting guru, Dennis Dickson, demonstrating how to ground balance a gold detector:

Here’s some video I captured over the shoulder of longtime supporter, Alan Mash, controlling a video camera being flown by a drone, sweeping down onto one of our Group Projects; and we were nearly half a mile away far up a steep mountain hillside under the deep cover of the forest:

Flying drone

Alan was capturing video of a Group Project that was a whole world away from where he was controlling the drone!

Here is some video captured from behind me after we split the gold from a Group Project, winding up the weekend with a proper acknowledgment of all the participants for their hard work:

There is a lot more about all the fun we all have along the Klamath River in northern California by checking out our past newsletters.

 Join us for our Group Mining Projects This Coming Season!

There is a learning curve to successful gold prospecting.  One of the most effective methods of progressing through the learning curve is to go on prospecting adventures with others who more experienced than you are.

Our 2-day Group Mining Projects are one of the primary benefits of New 49’er membership which set us apart from other mining associations.  All weekend events are free to Full & Associate Members. 

2018 Schedule of Events: June 23 & 24; July 21 & 22; August 18 & 19

In concert with several other organizations, we are also sponsoring a special 3-day event in memory of three of our closest supporters who recently passed away: Ray Koons, Myrna Karns & Gary Wright. This event will take place on July 6, 7 & 8. Everyone is welcome. There will be a metal detecting seminar, mining demonstrations, rafting, hiking & camping, along with a hot dog and hamburger lunch and special BBQ. Our staff is working hard to make this event fun for the whole family. Please contact us for more details. Here: check it out on youtube!

Long time New 49’er Supporter, Gary Wright, recently passed on at age 69 

Gary Wright

Many of you guys have met Gary if you have spent time in our office, participated in the Weekend Projects or attended our potlucks. He was a wonderful human being, always placing the needs of others above his own. Originally from Canada, after getting blown up in some kind of industrial accident and becoming substantially disabled, Gary moved down to California and took up gold mining. This is what brought him to Happy Camp and The New 49’ers sometime around 1991.

Gary was an incredible fabricator. He built his own 10-inch dredge and operated it along the Klamath River during the late 90’s. He was one to never let his disabilities stop him, even if they did slow him down at times. He always had a smile on his face, even though he was in chronic pain. I’m not sure there was ever a time asked for volunteer helpers that Gary didn’t show up.  Most of the innovations we have come up with to keep underwater mining going since 2009 were fabricated by Gary. He built the steel tripod we used last year to channel side-stream water across the Klamath River.

Gary was a Director in The New 49’er Legal Fund, and devoted countless hours on his own battling with unreasonable State intervention into our lives.

He loved the freedom associated with gold mining; he loved all of us that keep The New 49’ers going; and he loved Happy Camp.

Gary was so tough, even when he was really crippled up with arthritis, when his car broke down, he struggled with only his walker two miles mostly uphill to our workshop more than once to help complete the work on fabrication jobs we were doing – welding while sitting on his walker. He was quite a guy and everybody loved him. Even though he seldom had enough money to feed himself, every week he made it his personal duty to treat the girls in our office with chocolate and other treats. He was also a kind hearted prankster, taking delight in tricking the girls with his storytelling.

Gary was struggling with his physical difficulties from the time he arrived in Happy Camp. There was always something bothering his broken body. But he seldom complained. He was just happy to be on the front lines of all the action. I guess we all got so used to Gary’s physical difficulties, we never expected that his end was near.

Having fun with Gary Sample gold
Gary, Dickey and I were out having fun sampling in advance of the final Group Project we sponsored last season

Here; we captured Gary, Dickey and I doing some sampling just last season:

Service for Gary

Group image after our informal service to celebrate Gary’s life and give him a proper send-off. All or most of Gary’s local close friends attended.

Soft spoken and polite, Gary was delighted in knowing all the gossip about everyone in Happy Camp. If I wanted background on anyone, all I had to do was ask Gary.

Very religious, he was largely opposed to drinking alcohol. But over time, I talked him into a glass of red wine as we spent time relaxing in my apartment after finishing shop work, usually late into the night. Mostly we talked about life, freedom; and more recently, whether or not Donald Trump will succeed in overcoming the Deep State.

I was in the Philippines when John Rose from our office notified me that Gary was in the hospital for bypass surgery. Supposedly the procedure was routine. But Gary’s body was only being held together by a wish and a prayer. John was at his bedside after the operation, along with others from The New 49’ers and his immediate family. The doctors said he was not recovering as normal.

Even though we were in completely different time zones, I knew that the essence of Gary had let his body go, because he paid me a visit on his way to heaven. I’m telling the truth about this! I was driving my car when I suddenly had the thought of Gary; and had to immediately pull over to the side of the road because he completely enveloped me with an overwhelming feeling of love and gratitude for our time together. There was a brief moment when I was completely occupied by Gary’s essence at its very best. He was so very happy to be free of that broken down, old, painful body. Full of love and exhilaration, and thankful of all his friends and life-experiences, he knew I would pass on his deep thankfulness to all of you. Then he moved on. I sat there for the longest time because of the emotional impact of the experience, tears of joy and sadness were preventing me from seeing. Sadness, because I won’t see Gary again in this life. Gladness for the wonderful friendship we shared together.

Winners of our most recent Legal Drawing
Feb 23 drawing

We have video footage of the drawing, but it is in a format that we have not been able to edit.

I’m sure most who contributed to our last Legal drawing have already seen the results. If you have not joined our free Internet Forum, I encourage you to do so (more about how to do this below). We published the following results of the drawing on our forum within hours:

Here follows the winners list for this legal drawing of 2-23-18 held at 27 Davis Road in Happy Camp, California:

Ten one-ounce American Silver Eagles:  Kim Ellison of Hayward CA; Ryck Rowan of Spokane WA; Ryck Rowan of Spokane WA; Ryck Rowan of Spokane WA (and yes we did stir the pot/tub!); Tom and Sharon Chambers of Hanford CA; Bob Burdett of Shingleton CA; Steven Lundin of Yuma AZ; Pat O’Brien of Long Beach CA; Greg Dennis of Livermore CA; and Aviya Girdner of Edgewood WA.

Ten tenth-ounce American Gold Eagles:  Kenneth S Wagner of Klamath Falls OR; Ralph Wiser of Reno NV; Mark McCurry of Monterey CA; Robert Deknes of Tampa FL; Parts to Use, a company out of Oakland CA; Robert Maytum of Sacramento CA; Ryck Rowan of Spokane WA; Terry McClure of Quartzsite AZ; Don Wylie of Seiad Valley CA; and Ted Gray of Portland OR.

Four quarter-ounce American Gold Eagles:  Jim Miller of Bothwell WA; William Hinkle of San Diego CA; Ryck Rowan of Spokane WA; and Luther Warneke of Kerrville TX

Two Grand Prizes winners of the half-ounce American Gold Eagles:  Rocky Tester of Milwaukie OR; and Steve Sharp of Citrushights CA.

Congratulations!! to all the winners!!

A special thanks to our drawing helpers Christina Johnson and the little side kick, Lilly Garcia.

Any contributions received after our cutoff time have already generated tickets for our new, ongoing Legal fund-raiser (please see below)

Thank you guys for all your support. It is only with your help that we will ultimately win!

 

New 49’ers Legal Fund-raiser!

There will be 26 prizes in all:

Two Grand Prizes: half-ounce American Gold Eagles
Four quarter-ounce American Gold Eagles
Ten tenth-ounce American Gold Eagles
Ten one-ounce American Silver Eagles

 

Our office will automatically generate a ticket in your name for every $10 legal contribution we receive ($100 would generate 10 tickets).

This drawing will take place at 2 pm on 29 June 2018 at our headquarters in Happy Camp. You do not need to be a member of our organization to participate. You do not need to be present to win. There is no limit to the size or frequency of your contributions, or to the number of prizes you can win.

Legal contributions can be arranged by calling (530) 493-2012, by mailing to The New 49’rs Legal Fund, P.O. Box 47, Happy Camp, CA 96039, or online through PayPal:

Purchase Tickets for the next legal Fund-raiser Drawing

$10.00 each – Enter the number of tickets you wish to purchase into the quantity field then click “Update” before checking out. Our office will 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. 

Your contribution to The New 49’er Legal Fund is tax-deductible.

2018 Office Hours

Unless there is some kind of emergency like a wild fire, our mining properties are always open to New 49’er members 24 hours per day, 365 days per year.

To conserve financial resources, we have reduced open office hours to 9 am through 4 pm, Monday through Friday. Our office will remain open on Saturday mornings only during the weekends when we are sponsoring Group Mining projects:  June 23; July 21; and August 18.  Those will also be the only Saturday evenings for our Saturday evening potlucks this coming season.

Legal/Political Updates

As of now, my understanding is that there is not any legislation being seriously considered at the federal level concerning mining on the federal lands. My read on this is that the Republicans need to increase their majority in the U.S. Senate. And quite a lot more drainage (from the swamp) needs to be accomplished in the federal agencies before meaningful reform can be implemented concerning resource development of the federal lands.

We just need to be patient. It took a century or more to fill the swamp with anti-American values and creatures. It’s going to take some time to clean up that big mess. However, Mr. Trump did sign several Executive Orders just a few days ago that will make it a lot easier to discharge nonproducing federal officials. This is likely to be challenged in the federal courts like most of the policies Mr. Trump implements. One step at a time.

Frankly, I don’t understand how employees of the federal government who are supposed to be serving taxpayers can be allowed collective bargaining (represented by unions). I suppose this will be dealt with in its own good time.

There is an important legal case out of Oregon (Bohmker v. Oregon) which is challenging State authority to prohibit mining on the federal lands. Oral arguments took place in front of the federal Ninth Circuit Court of Appeals on the 8th of March. We are now waiting for a Decision to be rendered.

Whichever way the Ninth Circuit decides Bohmker; it is a near guarantee that the Oregon Case will be appealed to the U.S. Supreme Court. The final decision will affect Oregon, California and the rest of the federal lands in America.  This is separate from any new laws that the Trump administration will eventually push through as long as republicans continue to control congress after the upcoming midterm elections.

The latest news on progress to get motorized mining and suction dredging going again in California was put out a few weeks ago by Shannon Poe of the American Mining Rights Association (AMRA). Shannon put out an announcement in mid-May that he and others have been working closely with officials in the California Water Quality Control Board. Shannon says, beginning in 2019, they have made progress to, more or less, get our suction dredge regulations back much the same as they were prior to the moratorium which was imposed upon our industry in 2009.

As part of Shannon’s efforts, a new bill has been introduced to the California Legislature which redefines “suction dredge”  in terms of gravel and water being directed through a suction hose to a mineral recovery system. If that bill were to be passed under its existing language, it would free up most of the other types of small-scale motorized mining that we do, but not necessarily suction dredging.

As I understand it, under existing law, California Water Quality Control must issue a permit to allow suction dredging before the Department of Fish & Wildlife (DFW) can issue a suction dredging permit. During the past, California Water Quality issued a state-wide permit that covered everyone who was operating under the suction dredge regulations adopted by DFW.  DFW issued a new set of suction dredge regulations several years ago. So if Shannon has managed to convince California Water Quality officials to issue a general permit, or individual permits, based upon the finding that suction dredging produces a De minimis impact” according to his announcement, it would be a complete reversal of their official position for at least the past 5 years or more.

I know Shannon Poe to be a very level headed man with a strong determination to help win suction dredging back in California. He has contributed generously to The New 49’er Legal Fund. His announcement prompted The New 49’ers to immediately ask our attorney to make personal contact with the attorneys who have represented both DFW and Water Quality Control during recent litigation over suction dredging in California – and he could not find anyone within these agencies who know anything about the statements made in the AMRA announcement. We took it a step further and contacted the person in charge of issuing permits at California Water Quality Control. He also did not know about any changes in the works.

Having done all that, I also must tell you that I have worked with these California agencies for many years; and it is more common than not that, because the agencies are so large, information about changed policies or new programs does not get circulated around the agencies very well.

If there is anyone with the savvy and determination to reach inside these agencies and bring about positive change, Shannon Poe would be the guy. In any event, he deserves credit for trying. We can all hope that Shannon is onto something that we have yet to confirm. If he is, we should begin hearing something about it from the agencies pretty soon.

Meanwhile, please allow me to provide a reality check: Unless there is a major turnover in future elections, radical liberals will continue to impose their unreasonable and non-sustainable policies on the rest of us in California. Those liberals are 100% beholden to our enemies.

We devoted a huge effort, and hired one of the State’s most effective lobbyists, to kill the original moratorium that put an end to suction dredging in 2009. Some of you will remember how much effort was invested into that by The New 49’ers, Public Lands for the People, Keene Industries, and other people and organizations within our industry. Remember the postcard drive we directed to Governor Schwarzenegger? His aids told us that the Governor’s Office had never been contacted by so many people –ever!

In the end, we were so out-matched by the liberal machine in California that even some republicans and the republican governor voted against us.

It was a very painful lesson!

The lesson was (and remains true) that we cannot overcome our enemies through the administrative or political institutions in California because they are controlled by our enemies.  We are up against a totally stacked deck when trying to bring about positive change through the legislative and executive branches in California.

If Shannon can get past all of that, then he is a magical miracle worker!

After figuring out that political solutions would not work in California, we turned our fortunes to legal challenge. In the end, after many years of litigation all the way to the top, we came to the very same conclusion with the California Supreme Court fully disregarding the law of the land in favor of the liberal agenda.  So unless someone pulls off some true magic, the solution to our problems at this time cannot be found within the three branches of California government.

I would be the last one to discourage AMRA’s or anyone else’s’ efforts on behalf of the industry.  But, from my own perspective, from considerable personal involvement, the chances of success at the State level are poor at best.

At the same time, I have reasonable confidence that the Trump Team (federal government) in time, is going to do everything it can to get resource development flourishing again on the federal lands. America cannot become truly great again until we are allowed to develop our own natural resources. They are already fighting this battle in federal court with California and other liberally-controlled States. Federal agencies under Mr. Trump’s leadership are up against the very same people and organizations that killed sustainable timber development and have suction dredging stopped. The cases are moving ahead.

At the same time, I understand that there are perhaps six vacancies in the 9th Circuit Court of Appeals, and maybe two Supreme Court Justices that are getting ready to retire.

It’s an uphill battle for the Trump movement right now because he/they are up against an army of liberals and obstructionists at all levels of government that ultimately need to be purged and forced to get real jobs for a living. Holding down honest jobs in the private sector to support their families would be the ultimate re-education program for all those people who are holding the country down because of misguided social and economic principles that do not work. As of this moment, nearly all those who are resisting want Mr. Trump out of office at any cost. Once he overcomes the serious matters at hand, my guess is that his momentum will pick up in our direction.

As difficult as it can be, we need to adjust ourselves and just be patient. As long as Trump is allowed to continue his work, the tables are eventually going to turn. And when they do, government employees will be there to help us succeed, rather than prevent us from doing even the simplest things to get on with our lives.

On that note, I heard on the news this morning that the Trump Team is looking at how to open up sustainable logging again on the federal lands. It’s the first time I have heard that. Since around 50% of federal lands are presently off limits to mining, I suggest things will begin swinging in our direction before long.

We should keep hope alive for Shannon Poe. Shannon is an honorable and smart guy who deserves the benefit of the doubt; and as much support as we can throw behind him if his solution comes to fruition.

More importantly, we should do our absolute best to support Donald Trump. He is the single best chance we have of opening the federal lands back up to sustainable development in spite of the State’s unreasonable objections.  Mr. Trump, perhaps, has the resources to implement a long term solution that will set the future for sustainable resource development on America’s federal lands.

New Book Details History of Mining the Comstock Lode & Tells the True Rags-to-Riches Life Story of One of the Most Successful Miners of all Time, JOHN MACKAY

Bonanza King CoverIn June, a biography of one of the world’s greatest miners will be published – THE BONANZA KING: John Mackay and the Battle Over the Greatest Riches in the American West by Gregory Crouch.

This is an epic book that anyone interested in mining will enjoy.

John Mackay started out in the mid-1800s as a miner making $4/day; and through hard work and mining knowledge, he became one of the wealthiest men in America (his fortune would be roughly $66 billion in today’s dollars) by discovering and extracting the greatest mineral deposit in the World — the Comstock Lode.

THE BONANZA KING will make you rethink the western history you were taught in school. It provides a greater appreciation for the western states’ role in transforming America into a world power after the Civil War. This book tells the story of a hardworking man who never let money change him, and never lost his good name.

The author, Greg Crouch, grew up in Goleta, California, and has been fascinated by the Comstock Lode since he visited the area as a child. He graduated from West Point, completed US Army Airborne and Ranger schools, and served as an infantry officer. He became a mountain climber and was a senior contributing editor at Climbing magazine. He’s written two previous books about adventure and history, Enduring Patagonia and China’s Wings.

Exclusive Offer For Our Subscribers:  The publisher has agreed to offer an exclusive giveaway  of THE BONANZA KING ––Hardcover, $30.00 retail –– to the first 5 newsletter subscribers (US residents only) who send an email to becky@cursivecomms.com

Please enter the giveaway – and check out the book at Amazon, Barnes & Noble or an Independent Bookstore near you for more information. 

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Signing up also places you on our Political Action Team.  Things happen so fast these days; it takes too long to organize political action through the U.S. mail.  As an example, by contacting our supporters this way, in a matter of hours, we recently generated a large bundle of letters to the California Supreme Court. All of these future battles will be organized over the Internet since it is so much faster.  Please join us in the battle to maintain our remaining freedoms!

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New 49’er Gold Prospecting Association
27 Davis Road P.O. Box 47, Happy Camp, California 96039 (530) 493-2012
www.goldgold.com

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New 49'er Newsletter

FOURTH QUARTER, OCTOBER, NOVEMBER 2017                               VOLUME 31, NUMBER 10

Dave McCracken

 

Newsletter By Dave McCracken General Manager

Here is the list of winners for the Friday 27 October 2017 New 49’er Legal Fund-raiser Drawing:

Legal Drawing Legal Drawing 2

Ten 1-ounce American Silver Eagles

1. John Stewart III of Canton CT
2. Rex & Jeannne Wheeler of Cloverdale OR
3 . Dorthy Easley of Tamarac FL
4. Ryck Rowan of Spokane WA
5. Steve Van Meter of Cocoa FL
6. Robert Guardiola of Riverbank CA
7. Mathew Ziesak of Eureka CA
8. Byron Brown of Sandy OR
9. John Krueger of Gold Hill OR
10. Ryck Rowan of Spokane WA

Ten 1/10- ounce American Gold Eagles

1. James Porter of Bend OR
2. Joseph Redmond of Hermosa Beach CA
3. David Thomson of Grand Canyon AZ
4. Robert Guardiola of Riverbank CA
5. Ryck Rowan of Spokane WA
6. Ryck Rowan of Spokane WA
7. Gary Heglund of Salem OR
8. Gary Fox of San Leandro CA
9. Bill & Leone Lant of Campbell River Canada
10. John Krueger of Gold Hill OR

Four 1/4-ounce American Gold Eagles

1. Van Wilhite of West Point CA
2. Theo Campbell of Rogue River OR
3. Michael O’Connell of Crescent City CA
4. Forrest Sutherland of Klamath Falls OR

And the Grand Prize: 1-ounce American Gold Eagle

1. Ryck Rowan of Spokane WA

Congratulations to all of the winners!

Thank you each and every one for all your support of our effort to keep small-scale gold mining alive in America.

A special thank you to our drawing assistant, Valisha Armstrong, who works at one our local schools in Happy Camp.

Comment: Either Rick Rowan is one heck of a lucky guy, or he bought thousands of tickets!

Myrna Karns from Our Office Has Passed Away
Myrna Karns

Here is Myrna helping with the legal drawing in July of this year.

I am saddened to announce that longtime New 49’er supporter, Myrna Karns, passed away on September 14thShe was 79 years young. Many of you who have attended our Saturday potlucks will remember her because Myrna sold tickets at the prize table for more than 20 years. Myrna worked as a loyal staff member in our front store-office for the past 6 years.

The rest of us in the office recognized that Myrna was struggling with her health towards the end of this past season. She wrote it off as her allergies acting up with all the wildfire smoke in the air. But the reality was that she came down with bone cancer and her health deteriorated rather quickly. As tough as she was, she made it to the final potluck of our 2017 season; and she continued to open up our office every morning until the ambulance finally had to take her away. We will miss her dearly!

Here is some history on Myrna that was sent to us by her favorite niece, Kelly Parker:

“The thing I most admired about Aunt Myrna was that she was always adventurous and commonly defied convention. Her long-term career was as a printer/machinist for Interlake Steel in Illinois. When she showed up for the interview, the boss said it was a man’s job. She said that was fine and to please return her resume. He saw that she was riding a HarleyDavidson motorcycle, and he asked what she did when it broke down. She said, “I fix it.” She got the job.  They put her on a machine without instructions or training. So she took the machine apart, cleaned it, put it back together, and figured out how to run it.

No muss…no fuss. Aunt Myrna married Carl Karns and they moved to Ohio. She worked at a print shop, but their hobby was building underwater metal detectors. They actually met while detecting. They eventually sold their detectors to the police department that used them to find weapons and discarded treasure.

A younger Myrna KarnsThey bought a print shop in Ft. Pierce, Florida and continued detecting. The cache was always better after storms. A neighbor found an emerald necklace, they found pieces of eight, rings, etc. They always tried to find the owners of high school rings.

Once at a neighborhood fair, you could buy a bag of dirt for $3 and pan for gold. She enjoyed the heck out of that! She bought $30 worth. She was happy when she found something, but her joy was more about the process.

Myrna eventually signed up for The New 49’er newsletter and then bought the videos. When her husband died, she moved to Lewisville, Texas to be with family. She told her dad about the gold and Happy Camp. He encouraged her to go out there. She visited a couple of times before making the big final move in 1997.

While in Texas, she was a bus driver, waitress, dishwasher, and helped build the HARM missiles. She had a strong work ethic. She made money to support her hobbies and to eat, but was never interested in becoming rich.

She loved Pepsi. She bought a Pepsi machine, made it work and stocked it. If you don’t think the nieces & nephews LOVED that about their aunt…she was so stinkin’ cool!

She rode motorcycles for years until her back finally had enough. She gave up riding in 1990. Her dad and her brother also rode bikes, so it was a family thing. She was part of Motor Maids in the tri-state area. It’s a women’s motorcycle club.

She loved water, swimming, diving, boating, gold panning… anything water-related.  She became quite good at underwater gold dredging until her body just wasn’t up to it, anymore.

She had a strong faith in god. Shout out to Pastor Bill Estes of Happy Camp who sat by her side for the last 13 hours of her life so she wouldn’t be alone when she left this world.

Death was just one more adventure for Myrna to undertake. She was comfortable, at peace, and ready. You’ve heard that saying… Life should not be a journey to the grave with the intention of arriving safely in an attractive and well preserved body; but rather skid in sideways, chocolate in one hand, wine in the other, body thoroughly used up, totally worn out and screaming “WOO HOO what a ride! That was my aunt Myrna!”

Gary Wright and I visited Myrna in this wonderful Hospice center in Yreka shortly before she passed on. She was as bright and clear-headed as ever. She was clearly comfortable and at peace with the idea of moving on. The last thing she said to us was, “What the heck; it’s totally boring just laying here looking at the ceiling; so I guess it’s time for me to see what comes next.”   I gave her my most heart-felt hug and asked her to keep an eye out for me in the next world. She promised that she would. Myrna’s promise was as good as gold!

Legal & Political Updates

Our California litigation is challenging the State’s authority to impose a moratorium upon suction dredging. As part of an ongoing effort by State authorities to eliminate small-scale mining completely, “suction dredge” has been redefined by State lawmakers as any mechanized device within 100 yards of a waterway for the purpose of excavating or processing minerals.

There was a court hearing in San Bernardino on 17 October. We are now waiting for the judge’s ruling. Here is our attorney’s explanation of how that went.

Frankly, after struggling for many years in the California courts to win our mining rights back, I have very little faith that we will ever succeed in State Court. California has been nearly completely taken over by progressives. Some might call them socialists; but I have come to the conclusion that this is more like foolishism.  California is definitely on a death spiral. This is not just about small-scale mining. This is about the entire State. There appears to be zero rational leadership capable of seeing the consequences.  Here is a very short video that clearly lays out where the State is going.  I advise everyone to watch it and pass it around.  Please understand me: I am not discussing immigration. I am discussing economic consequences and a complete lack of rational leadership.  One America News, by the way, is an up and coming conservative cable news station which is vastly different than the well-established fake news media which we all grew up with and trusted.

Did you know that California is now considering banning all internal combustion engines in the State? This includes motor vehicles!  In fact, the process has already been started. Said another way, this is not going to end well!

Here is the lesson: Sound economics are unshakable natural law. They are facts of life that cannot be changed by wishful thinking or political ideology. Not even a State can spend more than it takes in without eventually going broke. Since the State is too large to “bail out,” and cannot print its own money (thank god for this), nearly everyone who depends upon the State of California for income is going to get the shaft.

If I had to guess, I would predict that we are more likely to win our small-scale mining rights back because there will no longer be any game wardens to enforce the State’s crazy laws! Why? Because there won’t be any money left to pay them!

While I am on the subject of how things might turn out, we should take note that while law abiding conservatives are being portrayed as racists and Nazis by the false news media, America’s far left, violent extremist groups are busy organizing for violent revolution. You don’t see much about this in the mainstream media. But we should not ignore the evolving realities.

Here is another thought: California has hired an army of lawyers to challenge the Trump Team’s policies on immigration, energy production on the federal lands, and the list of ongoing lawsuits against the Trump agenda goes on and on. But what happens when a State runs out of money?  You can only tax citizens so much before they also go broke. The State could eliminate unnecessary programs to cut costs; but that is unlikely under existing “leadership.”

I don’t know if a State has ever filed for federal bankruptcy protection. A declaration of bankruptcy by the State of California would place the Trump Team in charge of California, right?  Keep your eye on the far left extremists; they will be ready when law and order retreats.

Just as a side note, California’s budget acknowledges a potential liability to small-scale miners of $5,500,000,000 (yes, that’s $5.5 billion) because of our ongoing takings litigation.

As I have said, we live in very interesting times!

As many of you will recall, “Rinehart” is a dredging case that began several years ago which challenged the State’s authority to overrule an act of congress concerning small-scale mining on the federal lands. We won this case unanimously in California’s Third Appellate Court. Then the California Supreme Court reversed the Decision in another unanimous Decision. We are now appealing to the U.S. Supreme Court. The high court has requested a briefing by the Solicitor General.

The American Exploration & Mining Association is a large organization which mostly represents the interests of large-scale mining. But they also support small-scale miners when we need them The New 49’ers belong to their membership. They are very well connected in Washington DC. So for the most part, they have taken the lead role in urging the Solicitor General to write a favorable brief on our behalf. My understanding is that the new Solicitor General (a Trump appointee) is in the process of writing a brief as to why the U.S. Supreme Court should review the Rinehart case. Let’s collectively cross our fingers on this one!

At the same time, California’s legal challenge to block the federal government (Trump Team) from developing natural resources on the federal lands is working its way through the courts. Natural resources are the foundation of any economy! They have to come from somewhere! But, as is demonstrated by the linked video above, California leadership does not look very far ahead.  Or perhaps they do and we cannot understand why they are deliberately running the State into the ground… In any event, these State/federal lawsuits move forward on a fast track. The outcome in this and other ongoing litigation should help us, loggers, farmers who need water to grow our food, and a big part of America’s national economy.I receive emails from people on occasion requesting that I do not express my opinions on political matters and just publish stories about mining gold.  I always answer the emails that are polite and respectful. My time is too valuable to waste on haters. My answer generally explains that State policies have reduced small-scale mining down to hands and pans. While there is some enjoyment in that, the real adventure is deeper down in the streambeds which we cannot reach without the use of motors. Locating those deposits generates excitement that everyone wants to read about!

I have been in mining for 38 years. I had to learn everything through the school of hard knocks. Everything I have was worked for — not to say that there have not been hundreds or thousands of supporters just like you guys along my very long journey. Good and bad, it has been a great journey!

If it were not for my VA and SS benefits, I would have had to throw in the towel several years ago. And truthfully, since the State is not allowing me to use a dredge to recover the fast water gold deposits, I would rather devote my remaining years chasing fish and other interesting adventure on the South China Sea.

But there probably is nobody else within our industry in a stronger position to keep the hope alive and legal bills paid. With so many of you supporters out there, and all those who helped carry the load over the many years, and all those who kept small-scale mining alive since America’s beginnings, I am bound by personal duty to see the battle through until the end, whichever way it goes. There is no other path for me!

I’ll still manage to do some adventures searching for fish and other interesting things during our slow winter months when not much is happening in Happy Camp. While they have nothing to do with our New 49’er program, these adventures are as wild as it gets. While we wait to get our industry back, especially during the slow winter months, if you want to share in adventures more like this, please let me know. Just to be clear, I’m talking about sharing the stories, not bringing anyone else along in the flesh.  Otherwise, I could tell some mining stories from earlier times.

Thanks very much for your personal contributions, support and taking the time to communicate with me directly when you feel the need. Nobody understands your frustration better than I do.

You want to know how I feel? I feel terrible that the State has us down to hands & pans when we could be a thriving industry doing our part “to help make America great again.” I feel deeply betrayed to have put my life on the line (tip of the spear) for my country, only to have it taken over by enemies of the traditional American way of life. I am deeply upset that the judicial branch of government, which is charged with the duty to protect Americans from the excesses of the legislative and executive branches, has largely become a tool to enforce the unconstitutional excesses and destroy the American Dream. Here is an example of what the State is paying millions of dollars to do, which small-scale gold miners used to do for free with the use of our suction dredges, while at the same time, adding real wealth to the State’s economy. It’s okay for the State to run heavy equipment out into the river. But it is a criminal offense for us to use a 12-volt bilge pump within 100 yards of the river!

What?

It kills me to supervise a weekend project when there are more local volunteer helpers out there than members or guests arriving from outside of Happy Camp. I am embarrassed to be at a Saturday night potluck when the 25 or so people there mostly live in Happy Camp.  During the 90’s, we had hundreds of people attending our events!

I know: The big adventure comes from the deeper gold deposits which require some mechanical assistance. Most experienced miners only want to pan the concentrates from their suction dredges or high-bankers!  So things have slowed down quite a bit during the past several years. But there remain enough of you out there with continuing hope that monthly and annual cash flow is able to keep our program alive. You guys are correct; we should not let go of the 60+ miles of gold-rich property that we make available to our members. If we do, there will never be such a golden opportunity for small-scale miners to attain personal freedom again.

The truth is that I had pretty-much given up on the America which I was so lucky to grow up in. I did not anticipate someone big and tough enough like Donald Trump to come along and turn everything upside down! I’m sure that was quite a surprise for almost everyone. Like him or not, he is, at least for the moment, making progress in our direction (see links below). He truly is facing off with the dark side – which is huge! But Trump is a fighter. As much as he has accomplished in his life, it is amazing his enemies, with unlimited resources, have not found anything he has done wrong that will bring him down!

And there is reason to believe The Trump Team’s momentum is going to pick up. There are a lot of bad people who have had it their own way in the deep state who should be in jail. I do see a light at the end of the tunnel. We still have to wait and see how it plays out. If Trump comes out on top, I believe we will get our dredges and motors back; and then our industry will flourish like never before in modern history. And America will regain its strength and become great again – for everybody. There is still some hope!

As long as there remains hope, and others are willing to help carry the load, I will stay the course.

Even though most of the news we are seeing has been associated with heath care reform, tax reform, Russian meddling in our election process, immigration reform and Donald Trump’s tweets; there is a lot of progress being made at the administrative level of government where we have to do business.  Here are just a few examples that you guys might find interesting:

Donna Brazile: I found ‘proof’ the DNC rigged the nomination for Hillary Clinton

Big Three Networks skip Donna Brazile bombshell that DNC was rigged for Clinton

E.P.A. Announces Repeal of Major Obama-Era Carbon Emissions Rule

BLM cancels 10 million acre Sagebrush Focal Area Withdrawal Proposal

EPA moves to nix Obama’s ‘waters of the US’ regulation

New Interior Department Order limits most NEPA studies to a year, 150 pages

Ryan Zinke calls for lifted restrictions on national monuments

Oregon Dems push phony precedent to block Ninth Circuit Court nominee

Trump is remaking the federal judiciary (while the press freaks out over his tweets)

Chance to Win More American Gold & Silver Eagles!

gold and silver eaglesThere will be 26 prizes in all:
Two Grand Prizes: 1/2-ounce American Gold Eagles
Four ¼-ounce American Gold Eagles
Ten 1/10th-ounce American Gold Eagles
Ten 1-ounce American Silver Eagles

Our office will automatically generate a ticket in your name for every $10 legal contribution we receive ($100 would generate 10 tickets).

This drawing will take place at 2 pm on 23 February 2018 at our headquarters in Happy Camp. You do not need to be a member of our organization to participate. You do not need to be present to win. There is no limit to the size or frequency of your contributions, or to the number of prizes you can win.

Legal contributions can be arranged by calling (530) 493-2012, by mailing to The New 49’rs Legal Fund, P.O. Box 47, Happy Camp, CA 96039, or online.

You can find out more about this legal fund-raiser right here.

Purchase Tickets for the next legal Fund-raiser Drawing

$10.00 each – Enter the number of tickets you wish to purchase into the quantity field then click “Update” before checking out. Our office will 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. Your contribution to The New 49’er Legal Fund is tax-deductible.
Sign up for the Free Internet Version of this Newsletter

We strongly encourage you to sign up for the free on line version of this newsletter. This is because you can immediately click directly to many of the subjects which we discuss; because the on line version is in full color; because we link you directly to locations through GPS and Google Earth technology; and because you can watch the free video segments which we incorporate into our stories.  Actually, the video segments show the adventures better than we can write them!

Signing up also places you on our Political Action Team.  Things happen so fast these days; it takes too long to organize political action through the U.S. mail.  As an example, by contacting our supporters this way, in a matter of hours, we recently generated a large bundle of letters to the California Supreme Court. All of these future battles will be organized over the Internet since it is so much faster.  Please join us in the battle to maintain our remaining freedoms!

Sign up for our Free Internet Newsletter!

 Note: You are free to unsubscribe anytime just by clicking a link if you decide to do so.

 

The New 49’ers Prospecting Association, 27 Davis Road, Happy Camp, California 96039 (530) 493-2012  www.goldgold.com

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New 49'er Newsletter

THIRD QUARTER, AUGUST 2017                               VOLUME 31, NUMBER 8

Dave McCracken

 

Newsletter By Dave McCracken General Manager

 I cannot explain the reason for it; but just like there are some people who cannot find very much gold no matter how hard they try, every once in a while someone comes along that finds plentiful amounts of gold in nearly every place he or she looks! 

I find myself somewhere in the middle. I have found plenty of gold in my time. But with an occasional exception, I have had to work hard to locate high-grade gold deposits. It’s only because I have worked really hard for most of my life that I have managed to climb the ladder to moderate success.

Dr. Gold! Nuggets

I tell people all the time that if there are two keys on a ring with only one that will open a locked door, I will choose the wrong key on the first try nearly every time. The same holds true when I am sampling for rich gold deposits. I usually guess wrong in the beginning of a sampling plan. The reason I eventually succeed is that I don’t give up trying. You only need to discover a rich gold deposit every once in a while to make the activity worthwhile; sometimes more than worthwhile!

But there are others who come along and just stumble into rich deposits. Several years ago, longtime supportive members Mark Chestnut, Jim Yerby and I teamed up to sample for high-grade underwater gold deposits on the Rogue River in southern Oregon. We devoted an entire season using two 5-inch dredges and my jet boat thoroughly sampling multiple locations, and never did find a gold deposit that would produce more than a quarter ounce per day using a 5-inch dredge. Gold had climbed to around $1,900 per ounce at the time, so it was still pretty good income. But we were used to finding much more gold than that. So we just kept on sampling new areas in search of something better.

At the very same time, brand new beginners were arriving on the Rogue River and dredging down into rich gold pockets on their very first try! Not just one or two; there were a bunch of beginners striking rich deposits while Mark, Jim and I looked on with dismay.

All I can say is that there is more to successful gold mining than following a good sampling plan and doing the hard work. There is also this luck factor. Maybe call it karma. Some people are just luckier than others; that’s all!

Our most recent weekend group project included 53 eager members. We did the program down on our Wingate property which is around 7 miles downstream on the Klamath River from Happy Camp. This is where we have devoted the past several seasons.  We like the area because there is plenty of parking and camping area for members; there are toilets on site; there is a river access where we can launch and recover boats; and there is good gold on both sides of the river. We devoted last season to the far side of the river, mostly using my jet boat to ferry people back and forth. Several seasons ago, we worked the far side further upriver, which required us to use powerful jet boats to ferry members around on the river in large rubber rafts, even through two aggressive sets of rapids. There was so much adventure involved that it would be a reasonable estimate that at least half the group participants attended mainly for the river rides.

We have now been organizing these weekend group projects for more than 30 years. More recently, we have added a security presence up in the parking areas, and also a medical person in case of any accidents or emergencies out along the river:

This season, we have been working the Highway 96 side of the river along a gravel bar down on the lower part of Wingate. This is largely because we were hoping to tap into a small stream on the far side of the river to power up an underwater suction device and get members back into the water, again. We have discovered a very rich gold deposit just out in the river there which we are eager to develop.  But the (very) warm summer, more or less, has diminished the water supply from up the mountain to where it will no longer provide the water power we need to operate an underwater suction device. That’s okay. The gold deposit is not going anywhere. One day, we will get our chance…

Two of our more experienced regular project helpers hiked upstream a few hundred yards during an earlier weekend project and sampled in some exposed bedrock along the streambank up there. They showed me what they found. It was quite good. So a few days before this project, more longtime loyal supporters Dickey Melton and his granddaughter Lilly, Mark Turner and I went down and confirmed the gold strike in the exposed bedrock. It only took one pan from each of us to know that this was going to be a very productive location for the group outing. Here is an image of what we recovered in just four pans. Nothing wrong with that!

Discovery gold Diane

Diane Helgesen helped make this gold discovery

As is normal, we devoted Saturday morning to introductions.  These are always interesting. People come from all over the U.S., and sometimes from other countries.

Then I do a lecture about the fundamentals of following a sampling plan when prospecting for gold. Because gold is so much heavier than the average streambed material in or alongside a waterway, it follows very defined patterns as it is washed downstream during major flood events. It’s important to understand these patterns. This is because they can help guide you through a series of steps that will ultimately lead you into high-grade gold deposits. I believe starting these projects with a review of the fundamentals is important. At the same time, the afternoons can get so hot out on the rocks, that asking participants to work hard out there two days in a row can be too much. My lectures and story-telling in the air-conditioned Happy Camp Grange Hall is much more comfortable.

After lunch on Saturday, we all went down to Wingate to do just a little sampling. We only have two objectives on Saturday afternoon: (1) to teach beginners how to pan gold. This is very important because it is the beginning of the learning curve. On this project, we had at least a dozen experienced members out there working with the beginners. One of the things that makes our group so good is that we have quite a lot of experienced members who enjoy coming out on these projects and helping beginners get off to a good start. (2) The second objective is to locate the richest pay-dirt we can find so we can process as much of it as possible early on Sunday morning.

I was out there watching the activity when “Doctor Gold” presented himself with the results of two gold pans taken out of a single crevice in the bedrock. He had four beautiful nuggets and some flakes and fines to show for his effort.

I said above that I don’t consider myself to be very lucky. By this, I am really talking about the small things. For example, I don’t do very well in casinos because I ultimately make the wrong guesses and lose the money I have limited myself for entertainment.

But I consider myself very lucky and fortunate concerning the bigger and more important things in life.

Internally, I have a strong belief that there is an ever present, absolute intelligent, all pervasive presence of grace and goodness that, more or less, guides how the material universe unfolds as the ever-changing present moment gives us the illusion of time (the present moment is all that really exists). Each of us, with our individual and separate backgrounds, have different ways of defining and relating to this. Some choose to not look at all. The rest of us associate with infinite presence in our own ways. Regardless of the different paths or faiths we have chosen, I personally believe we are all acknowledging and pursuing more understanding of the same thing.

Sorry; I know this is supposed to be about gold mining, not a religious discussion. I am only doing this to lay a foundation for the entrance of “Doctor Gold,” otherwise known as Mike Leamy.

Discovery gold

Here is the gold recovered out of 2 pans!

Over the years, I have come to discover that the great intelligence controls all or most of the important things that happen in my life. Even considering the losses and uncomfortable experiences which I have endured, I can look back upon them at a later time and see that I was ultimately lucky that things turned out the way they did.   Over time, more and more, I have been standing back and not internally resisting those things that are too big for me to change, and accept them as they are.  Perhaps this could be defined as a form of faith that everything happens exactly as it is supposed to.  After all, how else could it be other than what it is?

As part of this, whenever I can find a moment, I pause and emanate true appreciation for the good things that come my way. I’m talking about heart-felt thankfulness from the center of my being.  Doing this has allowed me some amount of freedom to step back and be more or less entertained to watch and see what is coming next. Sometimes I don’t recognize the gifts until the moment they are exposed to me.

I didn’t know that Mike Leamy was “Doctor Gold” until he showed me the nuggets he found in a bedrock crevice on Saturday afternoon.  This was a very magic moment for me.  In that single moment, I knew we were going to have plenty of gold to split off amongst the project participants on Sunday afternoon, and I knew there were going to be some nuggets to raise the level of excitement. Here is the moment captured on video:

Hard-pack Hole in the bedrock

The gold was being recovered out of crevices and holes in bedrock under a beautiful layer of hard-packed streambed.

With the second objective of Saturday afternoon all taken care of, and our project helpers all working with beginners on their panning techniques, I turned my attention to transferring all our project gear and floating sluice 200 yards upstream on the gravel bar.  Two hundred yards is not very far on an open field. But it is a very long way across uneven rocks on a gravel bar out in 100+dregree exposed sunshine at 3 PM in the afternoon. So I had brought my jet boat down to do the equipment transfer.

My boat crew included Scott Coleman and Todd Moody. Music Adame from our office was also along with a video camera to capture any important action.  Launching the boat was routine because we do it all the time. We managed to load all of the mining support gear in a single load for the boat. Other helpers were up at our new location to assist with unloading the gear.

Then we motored back downriver to get the floating sluice. This consists of a modified 6-inch sluice box from a Proline 6-inch dredge that is suspended between two large Keene pontoons. We built the system so that the sluice can be adjusted to capture the exact amount of running water that we need from the river. This recovery system will process the equivalent of around three motorized high-bankers.

Tod surfing Towing

The conservative thing to do would have been to lift the floating sluice up into the front of my jet boat and drive it up to our new location.  But I was so jacked up by Dr. Gold’s nugget discovery, I decided to tow the floating sluice up the river at high-speed with Todd surfing on top. I figured it would be cool for all the project participants to see us flying up the river with the sluice at about 25 miles per hour. Are we having fun or what?

I have learned a lot of things the hard way during my earlier years of working the Klamath River with commercial dredges supported by a jet boat. Some of the lessons were painful and expensive. I even flipped a 12-inch dredge over one time! At least nobody ever got killed (only because divinity was looking over our shoulders). And while some of the experiences were dreadful at the time, I look back upon all of it now as fantastic real life adventure. I suppose, because of this, I occasionally have had to learn the very same lessons over and over again. This was another of those times!

There was no way I was ever going to tow Todd at high-speed up the Klamath River on that floating sluice. This is because water ultimately would wash up into the sluice and force the front of the platform underwater. And that’s exactly what happened as we got up to speed and Todd was raising his arms in triumph. Fortunately, Music was capturing the action with the camera. In just a second or two, water from the river washed up into the sluice, and the whole platform dived head over heels in the fast water flow of the river. Wrong!

Our first concern was for Todd, because he fell forward and was swept directly under the platform at high speed. But he came up just behind the sluice and managed to get hold of it. Our next concern was for some swimmers and rafters who were in the water just downstream of us. I used the boat motor to hold us against the current to allow time for the swimmers to get out of the water.

Flipping the sluice over Loading sluice into boat
Dickey

Dickey knows how to feed the sluice just right.

Ultimately, we drifted down into slower, deeper water, flipped the sluice over, lifted it up into the front of my boat, and drove it up to our new processing location. Nobody was seriously hurt. The gear was all recovered. We delivered it where we needed to be. But it was one heck of a lot of adventure on the river!  It was a good thing that Miss Music was there to capture the action on video:

During the summer months, we do Saturday evening potlucks at the Grange Hall. We had a full house and there was plenty of delicious food to go around. We kept the meeting short; because we were planning on meeting out at Wingate at 6:30 the following morning.

Sunday morning was cool enough that I decided to begin with a long sleeved shirt. Our plan was to dig and process as much pay-dirt as we could before the heat of the day reached the gravel bar.  True to the sampling plan I discussed on Saturday morning, mostly everyone started digging out cracks in the bedrock up and downstream directly in line with where Dr. Gold found the beautiful gold nuggets on Saturday afternoon. Everyone just went right to work filling buckets.

By the time John, Todd and Dickey were satisfied that the floating sluice was set out in the river with the correct amount of water flow, there were already plenty of buckets of material to process. Two fairly large screening devices were set up to eliminate larger rocks from the material we would process.  This floating sluice recovery device has been working out quite well for us, by the way. Here is a demonstration I captured on video:

Getting the work doneScreening

I looked around on the bar and there was a whole lot of work going on. Some were digging out cracks. Others were using brushes to clean all the material off the bedrock where gold often hides. Others were carrying buckets to the screens. Others were screening the material into plastic wash tubs that had been placed under the screens. Others were placing screened material into buckets and walking them down to the side of the river. Those buckets were being passed out to Dickey who was feeding the floating sluice. Everything was running like a well-oiled machine. Mostly, we were just having a whole lot of fun. Here is where I turned the camera around and put the spotlight on Diane:

Dave with goldGold in hand
Gold girl

Diane has been our trusted “gold girl” for many years.

After a while, I spotted Dr. Gold coming my way with his hand held out like he had something good to show. I knew this was going to be good the instant I saw him. He had picked a bunch of magical golden flakes out of a crack and wanted to brighten my day. Seeing those golden flakes in his hand heated me up enough to take my long sleeved shirt off even though it was still quite cool out there in the morning air. Our “gold girl” (also known as Diane Pierce) was right there ready to take possession of the gold. By this, I mean that on gold mining projects such as this, we have found that it is wise to have a single, trusted person take careful possession of any and all gold recovered on the project. The nature of gold is that it is hard to find and easy to lose. Putting a single person in charge of keeping the gold safe dramatically reduces the chances of loss. Diane has been our “gold girl” for many, many years. She is quite good at it. If someone is finding gold, Diane will be right there wanting to get it in her special bucket. I only got to hold Dr. Gold’s beautiful flakes of pure wealth for a moment before Diane took possession and screwed the lid back onto her special bucket.

After a while, Dr. Gold brought over a handful of sand that he swept out of a crack that had gold all through it. All of this was a bit unusual. While we always see the gold when we are dredging or crevicing underwater, we seldom see it up out of the water in dry dirt.

Then longtime supportive member, Craig Colt, came over with a bucket with some material in the bottom that he said had lots of gold in it. It was only enough material to fill half his pan. But the amount of gold he recovered in that single pan was the most I have ever seen out of raw material being dug out of the ground. The pieces were sizable flakes with some heft to them. They were just beautiful to look at.

John RoseGold Nuggets

Team Leader, John Rose, confided in me that he had never seen a richer pan of gold out of raw material. Normally, rather reserved, John was lit up like he had been struck by lightning! Fortunately, I had the camera on to catch the excitement:

A little while later, Craig came back with another pan that was just about as good. This was definitely one of the better surface mining areas we have worked in a while! Here is a bunch of the action captured on video:

The sun was just lighting up lower Wingate bar at about 10:30 am. Even though Dickey was feeding the floating sluice as fast as he dared (if you over feed a sluice, some of the gold will not become trapped), I estimated that he had enough screened material to last another hour or so. That was plenty. So we asked all the participants to finish up the buckets they were working on and end off on the digging part of the project. After cleaning things up on the bar and putting our gear away, we all agreed to meet back at the Grange in Happy Camp at 1:30 pm.

Some of the participants stayed out there to watch Dickey finish up the pay-dirt and clean the concentrated material out of the floating sluice box. There was a lot of nice looking gold in the clean-up; more flakes and nuggets than we have seen during earlier projects this season.

Gold concentration devices, in this case, our floating sluice box, do not only recover gold. They recover other heavy elements, mostly iron sand and small iron rocks. So when we remove material from a sluice box, we get the gold which is all mixed in with the other heavily concentrated material.

A gold mining program is made up of four phases. The first is sampling or prospecting in an effort to locate a high-grade gold deposit. The second phase is to excavate and process the pay-dirt from the deposit. This usually requires some advanced planning so that oversized material (rocks and boulders) are not placed on top of pay-dirt which has not been mined, yet. The third phase is called final clean-up where we follow a step by step procedure to separate the gold from the other heavy materials which have also been trapped in the recovery system. This was our mission on Sunday afternoon. The final phase of mining is to go back out to the mining site and fill in our excavations and make the surface conform back nearly like it was before we started mining.

Even though most participants are pretty worn out on Sunday afternoon, I strongly encourage them to participate in, or at least watch the final clean-up steps. That’s because this is the part that many prospectors never get to see, unless someone shows them. In this way, our weekend projects take participants through the theory of how to prospect for gold, to learning how to pan gold, to learning how to use a pan to sample, to seeing what a high-grade deposit looks like, to production mining in confirmed pay-dirt on a small scale (hand mining without the use of motorized equipment), to the final clean-up steps which result in all the gold we recovered in about three hours of work.

Final goldLady smiling 

In all, we recovered 339.6 grains. This is just under ¾-ounce of pure wealth.  It would have been about $900 at the going price if traded into dollars.  There were 22 beautiful pieces that qualified as nuggets. These were the first nuggets we have recovered this season. That’s because we were mining on bedrock.

Before splitting the gold, I asked for a vote on using the gold to buy a whole lot of pizza and beer so we could have a grand celebration. Only John Rose thought that was a good idea. So we split the gold evenly amongst 53 participants, including several rather young children that worked just as hard as us older folks out on the bar.

After all, you can get pizza and beer just about anywhere. Raw gold is Mother Nature’s most cherished treasure. While it still can be traded for paper money, once you have been exposed to it, you begin to gain the perception that gold is true wealth. Paper money is only as valuable as the faith that people have in the governments that print it. Everyone who goes away from our weekend projects with a share of gold that he or she helped recover knows that they have earned some true wealth which will maintain its value long after today’s political systems and paper money have become past history.

In closing, I want to give a special thanks to Lynda and Mike Leamy (Dr. Gold) who honored us with their participation in this project. There is something mystical about this that is beyond my understanding. But I have seen on rare occasions when gifted individuals are able to manifest true wealth just by being present. This was one of those rare occasions.

Annual Dues Are More Important These Days

We bill all Full Members $50 for annual dues in August.  September through the end of the year is when we must shoulder the load of substantial property tax and filing fees to the County and Bureau of Land Management. These are legal requirements which allow us to continue making a very substantial number of federal mining claims (60+ miles of gold-rich river and creek properties) available to our members.

In real terms, the true value of the gold along these extensive properties is probably more valuable than the net assets of any financial institution on the planet. We should be calling our properties the “Klamath First National Bank.” Ours is the only bank in the world where you can go out and make a draw anytime you wish. There are no interest or bank fees to pay.  And you never have to pay the gold back!

This is as close as it comes to an opportunity to maintain some degree of personal freedom during these ever-more difficult and troubling times.  As far as I know, we are the only organization in the world that makes a very large bank of pure wealth freely available to our members.

Having said that, most of us remain disappointed that the State is preventing us from using motors to gain access to the more valuable deposits of gold which are largely out of reach to non-motorized programs.. Even though we have been doing our absolute best to reverse the situation, this is one area in my own personal life where I admit that I have trouble reconciling with the philosophy I explained above that “everything happens exactly as it is supposed to.” Though I do continue to remind myself…

As it is, things being the way that they are; even if every Full Member pays the $50 annual dues, and every Associate Member pays an annual renewal fee, I personally support cost overruns with other sources of monthly income which I earned before becoming a gold miner, along with savings put away during better times.

Costs associated with maintaining our extensive properties, our material infrastructure and to hold onto our very experienced and loyal staff exceed the amount of income we bring in. I don’t expect this reality to change until either we get motors and underwater mining back, or until the dollar value of gold goes up so high that non-motorized mining will produce a living wage.

There remains hope that America will wake up and realize we need to produce value and wealth in excess of what we consume. Mr. Trump and his team appear to be leading the charge on this, though he is not getting as much support from congress and the mainstream press that he deserves. So we must try and estimate the depth of the swamp and predict if Mr. Trump has the capability to drain it. The whole world hangs in this balance. It remains too early to predict the outcome.

One of the developments that gives me hope is the Trump Team’s most recent push to reopen coal mining on the federal lands. This article does a good job reporting the opposing views and demonstrates that there is a strong push right now to develop America’s natural resources in a responsible way, rather than to continue making them off limits.

It would be interesting to see the statistics on how much timber is harvested off the federal lands these days compared to how much is burned to the ground in wild fires due to really stupid policies which have been adopted by State and federal authorities. Or, as in our situation, there is no evidence whatsoever that a single fish has been harmed due to suction dredging for gold. In fact, the most recent study performed on the cumulative impact of all suction dredging was so small that it could not be measured. But the States of Oregon and California will not allow us the use of even a 12-volt bilge pump to operate a mini-concentrator to collect gold.

My gut feeling is that that even though energy (coal) is the first priority, in order “to make America truly great again,” the Trump team will be taking a close look at all of the stupid policies which have been adopted to prevent every different kind of natural resource development on the federal lands. We produce the basic building blocks, the very foundations, of a strong economy and vibrant job market. That the Trump Team is beginning with coal should give us all reason to hope that they will eventually get around to us and the other natural resource development industries which could be responsibly developing wealth opportunities on the federal lands of America.

Integrity and pursuit of the truth is the only road towards enlightenment and prosperity. There seems to be some meaningful progress at the moment.

Largely due to what I have explained in the paragraphs above, I personally believe we should stay the course for a while longer and see how these larger forces play out. I am willing to invest my personal resources to keep the program going as long as you guys, our members, are also willing to hang in there until we overcome what is destroying America, or it becomes clear that there is no longer any hope.

My own assessment of your support will be in what percentage of Full Members are willing to invest $50 a year, and how many Associate Members are willing to renew your annual memberships to help keep our dream alive.

I am eternally grateful to those of you who stick it out alongside me and our loyal staff. 

New Chance to Win American Gold & Silver Eagles!

Gold and Silver Eagles

Grand Prize: 1-ounce American Gold Eagle
Four ¼-ounce American Gold Eagles
Ten 1/10th-ounce American Gold Eagles
Ten 1-ounce American Silver Eagles

Our office will automatically generate a ticket in your name for every $10 legal contribution we receive ($100 would generate 10 tickets, etc.).

This drawing will take place at 2 pm on Friday 27 of October 2017 at our headquarters in Happy Camp. You do not need to be a member of our organization to participate. You do not need to be present to win.  There is no limit to the size or frequency of your contributions, or to the number of prizes you can win.

Legal contributions can be arranged by calling (530) 493-2012, by mailing to The New 49’ers Legal Fund, P.O. Box 47, Happy Camp, CA 96039, or online.

Your contribution to The New 49’er Legal Fund is tax-deductible.

All contributions are tax deductible. You can find more information about the drawing right here.

Purchase Tickets for the next legal Fund-raiser Drawing

$10.00 each – Enter the number of tickets you wish to purchase into the quantity field then click “Update” before checking out. Our office will 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.Your contribution to The New 49’er Legal Fund is tax-deductible.
Winter Hours 

As of the 1st of September, we will switch to winter hours at our headquarters in Happy Camp.  This means the office and store will remain open between 9 am and 5 pm, Monday through Friday, except for normal national holidays.

As we did last winter, we may cut back further on open hours depending upon how many members are around. If we do, we will make an announcement on our web forum and in the newsletter.

Our final evening potluck of 2017 is scheduled for Saturday evening, 26 August (please take note below).

Boy did this season go by fast! 

Legal Update

Four issues are up for decision before Judge Ochoa in San Bernardino Superior Court:  (1) whether the Court should revise his summary adjudication ruling on federal preemption in light of the California Supreme Court decision; (2) whether the California Department of Fish and Game violated the California Environmental Quality Act and Administrative Procedure Act in issuing the 2012 regulations; (3) whether the Legislature violated the “one subject” rule in the California Constitution when it passed the second two bills concerning the California moratorium; and (4) whether takings claims for the regulatory taking of unpatented mining claims are impossible because the regulation makes all discoveries no longer valuable.

After an initial delay on 12 July, the hearing was set to take place on July 25th. But the attorney who was representing the State came down with some medical condition, so the hearing has been pushed back to September. An exact date is not set, yet. 

Join us for our Group Mining Projects This Season!

There is a learning curve to successful gold prospecting.  One of the most effective methods of progressing through the learning curve is to go on prospecting adventures with others who more experienced than you are.

Our 2-day Group Mining Projects are one of the primary benefits of New 49’er membership which set us apart from other mining associations.  All weekend events are free to Full & Associate Members. All participants share equally in the gold we recover.

Remaining 2017 Schedule of Event: August 26 & 27 

Schedule of Events

In addition, electronic prospecting specialist and New 49’er member, Dennis Dickson, in concert with Whites Electronics and Armadillo Mining Supply will host another two 2-day electronic gold prospecting project in Happy Camp on Friday & Saturday August 18 and 19.  Bring your own metal detectors. Meet at our office at 4 PM on Friday. Bring your own drinks. Dinner will be served.

Group projects are limited to a certain number of participants. Scheduling in advance is strongly advised to ensure a position on any specific weekend project: 530 493-2012.

Important note: Because of a large fire downriver from Happy Camp, the Grange Hall has made it’s facility available to provide fire fighters with a place to sleep. We need an inside space to begin our weekend projects, and to split the gold that we recover. So we were forced to cancel the weekend project and potluck which was scheduled this past weekend. It’s not certain how long this or other fires will burn. So before making a trip to Happy Camp to attend any of our organized events for the remainder of this season, we strongly suggest you call our office for an update: 530 493 2012.

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We strongly encourage you to sign up for the free on line version of this newsletter.  The Internet version is better. This is because you can immediately click directly to many of the subjects which we discuss; because the on line version is in full color; because we link you directly to locations through GPS and Google Earth technology; and because you can watch the free video segments which we incorporate into our stories.  Actually, the video segments show the adventures better than we can write them!

Signing up also places you on our Political Action Team.  Things happen so fast these days; it takes too long to organize political action through the U.S. mail.  As an example, by contacting our supporters this way, in a matter of hours, we recently generated a large bundle of letters to the California Supreme Court. All of these future battles will be organized over the Internet since it is so much faster.  Please join us in the battle to maintain our remaining freedoms!

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The New 49’ers Prospecting Association, 27 Davis Road, Happy Camp, California 96039 (530) 493-2012  www.goldgold.com

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New 49'er Newsletter

SECOND QUARTER, JUNE 2017                               VOLUME 31, NUMBER 6

Dave McCracken

 

Newsletter By Dave McCracken General Manager

 

 

Through an incredible amount of effort with the help of around 20 New 49’er members over five long days, we have constructed a very effective gravity water system that is accessible on the Highway-96 side of the Klamath River on lower Wingate bar (K-23A). This is located around 7 miles downstream from Happy Camp.

Cliff turning on water Hose fully stretched across river

We constructed a similar system last season about a mile upriver on our Oak Flat property, on the far side of the river, primarily to supply our surface mining operations with water to process gold-bearing material. After doing one weekend group mining project over there, we concluded that we were not going to recover as much gold as we are able to further downriver on the Wingate property.

The main limiting factor with this type of gravity water flow system is that the source of water must be reasonably close to a high-grade paystreak.  Several years ago, longtime member, Derek Eimer made a very rich gold discovery out in the river a few hundred yards downstream from where our gravity system was set up at Oak Flat. So we extended the system down to the river; and after some trial and error, we were able to power up my 5-inch underwater suction device without the use of motors. Since the location was just downstream from what appeared to be a natural riffle in the river (rapids), I had high hopes to uncover an extension of Derek’s extremely rich gold deposit. But after quite a lot of effort, we discovered that the rapids were the remains of an old road or wing dam that the old-timers had constructed long before flood control  (dams) made the river run so much higher during the summer months. That portion of the river had already been mined.

This is the way it goes in gold prospecting. Sometimes, a lot of the time, you make the effort to sample and don’t find what you are hoping for. The key is to keep trying. Because with gold, you only need to hit the jackpot every once in a while.

In any event, we learned a lot last season about how to set up a gravity flow system that will power up an underwater suction device without the use of motors.

While we were working out gravity flow last season, one of our members launched a 4-inch suction dredge with a motor downriver at Wingate. In good faith, he believed he was within existing State laws if he was dredging for jade, rather than gold. He was dredging down there for a few weeks before the wardens came down, issued him a citation and took his dredge away. Eventually, with assistance from The New 49’er Legal Fund, his case was settled, he paid a small fine and recovered his mining gear. He is back on the river this season experimenting with gravity flow systems.

But since he dredged two holes down at lower Wingate, I took the opportunity to do some samples out of the bottom of his excavations in a layer change about 3 feet into the streambed; and I discovered what appears to be an extremely rich pay-streak. Directly across the river is a rather small spring-fed stream. This stream extends steeply up the mountainside. So we began making plans last season to construct an improved gravity system at Wingate this season. This one was going to be more challenging, because it was going to require us to transfer the water-flow across to the Highway-96 side of the river where the rich gold discovery is located.

Naturally, before we launched into this project, we received a nod from both State and federal authorities.

Fast water Dave & Steve in boat

As most people know, this has been a very wet winter. The Klamath River is still running high and dangerous, though it is now dropping by the day. Because we were going to need to cross back and forth across the river so many times to construct this system, we waited as long as we could to get started. Our first weekend group project took place just this past weekend (June 3 & 4). So we began constructing the gravity flow system several days before Memorial Day. We wanted to support the first project with running water. Even so, getting helpers and gear across the river safely required all of my small boat management skills. Here are two video segments that make it look a lot easier than it actually was:

Cliff

Longtime member and very valuable New 49’er supporter, Cliff Leidecker, was the engineer behind this project. He devoted a big part of his winter accumulating aluminum irrigation pipe and fittings, valves, and most of the other things we would need to construct the system. From his surveys this past fall, Google Earth, and engineering manuals, even before we started construction, Cliff knew exactly what we needed to do. Here is our explanation on video:

Moving pipe

We used my jet boat to transfer 30-foot sections of pipe and other items across the river. Our biggest turnout of helpers was on the first day when we hauled the materials down and across the river, up the stream, and placed everything where it would be assembled on the following day. Our pipe system extends 340 feet up the mountainside to an elevation that is nearly 100 feet above the river. It’s a pretty steep climb!

Fitting pipe Dave & Craig smiling

Assembling irrigation pipe is rather easy. The challenge was mostly to do with supporting the pipe in places that the steep stream took sudden drops and installing directional changes so the pipe would follow the stream. We had to cut the pipe in places to make it all fit. Everything had to be tied to trees for support because of the water-weight that would be directed through the pipe.

By the end of the second day, our entire pipe system was in place down to a tree at the base of the stream. From there, we intended to connect a steel cable and stretch it across the Klamath River so we could suspend a pressure hose to transfer the water to the Highway-96 side.

Water stream from pumpPipe down the hill

We had a valve at the bottom of our piping system. All of us felt a great deal of satisfaction at the end of the day when we directed the stream into our system and watched it blast out of the valve down towards the river. Cliff had designed a much improved gravity flow system over what we used last season! This season, we have a lot more volume and pressure. Here is the action on video:

The most challenging part of the project was in stretching the steel cable across the raging Klamath River. This was all happening during the Memorial Day weekend while various rafting groups were floating past us. So we placed watchers upriver with walky-talkies to tell us when it was safe to block passage on the river, first with a rope, then followed by the cable.

The problem on the road side of the river is that we would have had to use a 500+ foot length of cable to reach the nearest tall tree located up near the highway. That was just not going to work out. So we found a smaller, gnarly tree down closer to the river that had survived the huge storm of this past winter, even though the entire tree had been submerged in the torrent of water and debris. Fortunately for us, some of the tree’s very strong roots had been exposed by the storm. We could not stretch the cable across the river directly to the tree or its roots without blocking river traffic. So we built a steel tripod with a heavy pulley that was suspended 12 feet above the tree’s massive root system. Here is some video of how we intended to make it happen:

Cable across the riverThe reason I say that the most difficult part was stretching the cable across the river is because the river is running so fast and violent.  Even with two strong men trying to hold it back, when the river caught hold of the rope, it immediately took all of the rope downstream with the cable following just behind.  It was everything I could do to drive the boat across the river and pass off the rope to six helpers that were standing ready. Those guys gave it all they had; and inch by inch, we made progress, finally getting the cable out of the water on both sides of the river. The struggle ultimately ended up in a standoff when the cable was just at the water’s surface; man against nature.  A bunch of men! Finally, I placed the bow of my boat up against the gravel bar, gave it some throttle to hold the boat in place, and abandoned the boat to go up and add just that little more effort to get the cable above the raging river

I’m really sorry we did not capture this part of the program on video. It was, by far, the most exciting part of the project. But if we did not have everyone out there throwing all of their effort at getting the cable above the river, we would not have made it. Here is our explanation the following morning of what happened:

If the river won that battle, we would not have had flowing water ready for the first weekend project of this season. We would have had to rest up for a week before we tried again with more help from other members. The struggle was so difficult; I’m still feeling lucky that we made it.

Guys up on tripod Tripod with pulley

Once we got the cable out of the raging river, it was rather easy to keep it there. Then we used trucks up in the parking lot to further lift and tighten the cable and position it so we could feed it though the pulley on the tripod. By the time we had the cable tightly strung across the river and fastened down to the tree, all of us were totally spent.  But we were feeling really good about what we had accomplished.

Only several helpers showed up the following day. My guess is that all the others from the day before spent most of the day in bed.

Linking hoses together Banding hoses
The final step in our plan was to connect pulleys to 200 feet of 4-inch pressure hose and pull it across the river, suspended by the cable, where we could quick-connect it to our gravity water system. This exercise was rather easy compared to the earlier two phases of this project. Since we bought the 4-inch pressure hose in hundred-foot lengths, it was necessary for us to use a coupler and commercial banding to connect two hoses together.

We positioned three red markers out on the hose where it crossed the river so that air traffic is able to see the obstruction, though it is unlikely any air traffic will be flying that close to the river because it is so fast.

Cliff had acquired just the right 4-inch T-fitting and valve to which we connected the 4-inch pressure hose on the gravel bar. One leg is intended to power up an underwater sucker once the river drops more and slows down. The other leg is set to feed high-bankers. Both legs have valves so we can control the water. Here it is on video:

Pressure valveOnce all was in place, we opened up the system and the water flowed to the Highway-96 side of the river just as Cliff had planned. When we turned off both valves on the gravel bar, the pressure gauge climbed to 40 PSI.  That really made us happy. Back in the days of motorized mining gear, we were usually getting about 32 PSI out of our pumps, sometimes as much as 35 PSI.

At one point during the day, all progress was put on hold while several of us drove to Happy Camp to gather more gear that we needed. Rather than just wait around Scott and Cliff took the opportunity to do some initial sampling of the gravel bar – and the result was better than they expected. Here it is on video:

High-bankers smilingThis was a job well done, thanks to Cliff’s engineering and a concerted effort by a bunch of New 49’er members – all just in time for our first weekend group mining project of the season – which turned out really well, by the way (next month’s story).

Here is an aerial view of our entire water system leading down to the first group mining project of the season:

There is good gold on this lower Wingate gravel bar. I’ll go into that next month. But the real bonanza we are after is just out in the river on the other side of what remains of the willow vegetation on the bank of the river.  From what I saw last season, the gold is very rich out there.

The river remains too high and fast to mine out in the river right now. But we see areas where we can begin testing our underwater systems. We will start with that later this week.

Once we open up the deposit out in the river and it is safe, we plan to add underwater mining into the weekend group projects. Those who want to try underwater mining will have an opportunity.  We have already arranged for very experienced members to help with beginners so that all will be done with care and safety. Those who prefer to mine on the surface will be able to do traditional high-banking. We will also have very experienced underwater miners operating the underwater device. This should push the gold production to record highs. Let’s all keep our fingers crossed!

If all is going well with the underwater mining, we will schedule at least two 2-day underwater group projects later this season which will be made available free to a limited number of participants. Please stay tuned for more news as we progress into the season. 

We are Now on Summer Office Hours

As of the first of May, our office and store in Happy Camp have been open between 9 AM and 5 PM Monday through Friday, and between 8 AM and 12 Noon on Saturdays.

Last Chance to Win American Gold & Silver Eagles!

Gold and Silver Eagles

Grand Prize: 1-ounce American Gold Eagle
Four ¼-ounce American Gold Eagles
Ten 1/10th-ounce American Gold Eagles
Ten 1-ounce American Silver Eagles

Our office will automatically generate a ticket in your name for every $10 legal contribution we receive ($100 would generate 10 tickets, etc.).

This drawing will take place at 3 pm on Friday 23rd of June 2017 at our headquarters in Happy Camp. You do not need to be a member of our organization to participate. You do not need to be present to win.  There is no limit to the size or frequency of your contributions, or to the number of prizes you can win.

But you better hurry, because there is not much time left!

Legal contributions can be arranged by calling (530) 493-2012, by mailing to The New 49’ers Legal Fund, P.O. Box 47, Happy Camp, CA 96039, or online.

All contributions are tax deductible. You can find more information about the drawing right here.

Purchase Tickets for the next legal Fund-raiser Drawing

  $10.00 each – Enter the number of tickets you wish to purchase into the quantity field then click “Update” before checking out. Our office will 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. Your contribution to The New 49’er Legal Fund is tax-deductible.
Join us for our Group Mining Projects This Season!

There is a learning curve to successful gold prospecting.  One of the most effective methods of progressing through the learning curve is to go on prospecting adventures with others who more experienced than you are.

Our 2-day Group Mining Projects are one of the primary benefits of New 49’er membership which set us apart from other mining associations.  All weekend events are free to Full & Associate Members. All participants share equally in the gold we recover.

2017 Schedule of Events: June 24 & 25, July 15 & 16; August 5 & 6; August 26 & 27 

Schedule of Events

In addition, electronic prospecting specialist and New 49’er member, Dennis Dickson, in concert with Whites Electronics and Armadillo Mining Supply will host two 2-day electronic gold prospecting projects in Happy Camp this coming season. Bring your own metal detectors. The projects will happen on Friday & Saturday June 9 and 10 and Friday & Saturday August 18 and 19.  Meet at our office at 4 PM on Friday. Bring your own drinks. Dinner will be served. (Sorry; these two projects are fully booked)

We are also hoping to organize some underwater suction mining projects (without the use of motorized pumps) in an established very rich gold deposit (in shallow water) this summer. Watch for more news on this as we attempt to move forward.

Group projects are limited to a certain number of participants. Scheduling in advance is strongly advised to ensure a position on any specific weekend project: 530 493-2012

Happy Birthday to our Youngest Member!

Music with sonBy Music Lee Adame, New 49’er Member Services

A year ago this month, the youngest New 49er was born to a couple of miners Matt Bynum & Music Lee Adame.  What started off as a dredge team of 4, dwindled down to 2; and wham bam thank you ma’am, a star was born. His name is Xy Adameus Bynum.  Conceived on a New 49er claim, born of a loyal miner and welcomed to this world by some of the best Americans one will ever know.  The old adage “it takes a village to raise a child” holds true and I am so grateful to be a part of the 49’er community as we raise Xy with integrity as a future guardian of the liberties of our country.  Thank you all for making America great again — one child at a time.  Happy Birthday Xy guy, love you! 

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The New 49’ers Prospecting Association, 27 Davis Road, Happy Camp, California 96039 (530) 493-2012  www.goldgold.com

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New 49'er Newsletter

FIRST QUARTER, JANUARY 2017                               VOLUME 31, NUMBER 1

Dave McCracken

 
 
 

Newsletter By Dave McCracken General Manager

 
 
Note: We normally avoid publishing stories in our monthly newsletter that are not directly related to The New 49’ers. But since this is mid-winter, and Happy Camp has been, more or less, shut down by severe weather (so there is not much gold prospecting to talk about), and the story below provides an entertaining explanation of why the January newsletter is going out a bit late; I’m going to share with you some of the adventures I have been through since our December newsletter. Now that we are all safely back on land and I have more time, I will add a little more explanation to what originally went out in the hard copy newsletter: 

Message from Dave Mack, 17 December, 2016 4:00 PM, Philippine Islands: 

blue boat skyline

I am talking to you through my brother Tim because my Laptop is not working any longer.

My underwater exploration boat got sucked into a giant whirlpool several nights ago, flipped over and sunk all within 15 seconds.   Jasmin and I were asleep and nearly went down with the boat 30 miles north of the nearest populated island.

We spent the next 14 hours floating around the South China Sea until a boat picked us up the on the following day.  Only wearing panties and underwear bottoms, it was the coldest night of our lives!

I mostly believe in and practice the following two philosophical concepts:

1)  Everything happens exactly as it is supposed to. We do our best to make things go the way we want them. Then we adjust ourselves to the way things actually go.

2) God, or The Great Intelligence, or however we personally choose to define that greater force which directs the infinite creative reality we are experiencing always gives us exactly what we need (but not always what we believe we want).

This underwater exploration boat was one of my most prized possessions. Short of running it into something very hard, the boat was unsinkable. Every system on the boat was working exactly as it was supposed to.

We have had occasional problems with flash storms hitting us all at once during the middle of the night, one time forcing us to cut our anchor line to keep from getting swept onto remote rocks by severe winds, we returned this time with heavy chain and a 3/4-inch braided rope and a buoy so that I could secure the boat to a very large boulder or coral head on the bottom of the ocean. In this case, it was a very strong coral head. This allowed us a totally secure answer to any winds Mother Nature wanted to direct our way.

Nearly every problem (many near disasters) we have encountered while doing these underwater search projects for the past several years have had to do with severe winds, usually in the total darkness. Though we have seen a number of very powerful whirlpools out on the South China Sea, they are usually associated with strong tidal flows which rush around the larger islands – though we did see a very large whirl pool one time out in the middle of nowhere with no visible reason for it being there.

skin diving fish
Jasmin

Jasmin likes to drive the boat.

Even though I have seen them, nothing in my life experience jolted me into the realization that we could encounter a powerful whirlpool while at anchor. This is something that is very unlikely to happen when taking shelter in a protected bay. But on this night, we were secured to the bottom of the ocean so far out in the South China Sea that we could not see land in any direction.

I am not at liberty to discuss the nature of these boat exploration adventures we are doing. The truth is that we do some spear fishing to supply the boat with fresh meals.

Since the seas were mostly calm on this trip, we had made the 200-mile voyage down to our destination on a single day. It took us 8 or 9 hours, including one stop to top off our fuel. Unless the seas are bad, Jasmin normally likes to drive the boat. She drove most of the way. She also cleans the fish we catch, cooks all the meals, keeps the boat shipshape, and participates in most of the underwater work. Jasmin is the best boat mate I have ever had.

Our destination was a place where several volcanic rocks protrude out of about 180 feet of water way out in the middle of nowhere. The water is about 50 feet deep near to the rocks, then drops off rapidly into depths too deep for scuba diving. The location is 90 miles out in the South China Sea from the large island of Mindoro, and about 35 miles north of the Large island of Busuanga – which you cannot even see out there unless it is a very clear day. Hardly anyone goes out there, though it is not uncommon to see and visit with local fishermen from remote islands that are shorter distances away.

rocks

These rocks extend up out of deep water way out in the middle of nowhere.

Our surveys around these rocks have a lot to do with the fact that they are full of natural caves. The caves provide hiding places for fish and interesting places to explore.

We were tired when we arrived at the rocks. Even though the weather was mostly fine during our voyage, we were seeing threatening storms on the horizon all around us. So I went down on a hookah system (tether line to supply air to me underwater) and shackled a very strong chain around the base of a huge coral head in about 50 feet of water. Then I connected the heavy rope and buoy to the chain. This would serve as our secure connection to the ocean bottom for the week or so that we expected to be there. That connection was so strong, there was no storm in the weather forecasts that posed any threat to us, day or night.

Since it gets dark early and we were tired, we settled for a snack and went to bed early. There was some mild rain and we could hear thunder in the distance. But since I set the anchor mooring on the down-wind side of the rock, the sea was pretty quiet in our location.

I’m estimating that it was around 9 pm when I felt the boat leaning strongly to the port (left) side.

Being in charge of a boat and passenger(s) out on the open ocean is a big responsibility. Murphy (as in “Murphy’s law”) lives out on the water. Even when you do everything right, unexpected surprises come up that can be catastrophic.

Storm 1 Storm 2

There were some smaller storms around us which prompted me to connect an unbreakable bond to the ocean bottom.

In addition to those who depend upon me, I also have a sacred responsibility to care for the boat – just as the boat has an unfaltering duty to keep us safe. This is not something easy to explain in human language. But anyone who has ever spent a lot of time on the open seas in a vessel will likely agree with me that every boat has a life force, even if it is not the same as what humans experience.

I don’t sleep very deeply when we are out on the ocean, even on a calm night. When I felt the boat leaning to port, I sprang out of my bunk to see what was causing it. This boat had floor lights which we kept on all night.  So there was plenty of light to see a very substantial wave of water rushing in through the stern (rear) door opening. The whole deck was awash with water and the boat was leaning hard to the port side. Water was flowing in so fast, my first thought was to wake Jasmin and tell her to grab the life preservers. She was still trying to wake up.

There was the loud sound of rushing water coming from behind the boat and I could see that the water was moving past the boat kind of like a river, but at a tilted angle. A large standing wave of water just behind the boat was sucking us deeper into the water.

Looking back, I immediately recognized that the boat was going to go down. So I turned around, got on my knees between the boat seats, reached under the bed, and tried to pull out the heavy life preservers – which we keep right there for when we need to get to them quickly. What I got was the waterproof bag which contains our bedding when we are on the go. In just that moment, the boat flipped over entirely upside down. Something heavy smashed me in the head; probably a set of divers weights. After the boat flipped, the heavy motor dragged the stern of the boat straight beneath the rest of the boat. It was all I could do to get out of the canopy-covered area of the boat without passing out for lack of air.

I was worried Jasmin did not get out of the forward cabin where I saw her just moments before.

When I came to the surface, the bow (front) of the boat was still floating a few feet above the water, pointing straight upward as if giving a final farewell to the above-water world. I held onto the bow. The boat was not drifting anywhere because of the way I had it attached to the ocean bottom. To my surprise and relief, I spotted Jasmin holding onto the large Yeti cooler that was floating like a cork. But the cooler was being pulled directly towards the whirlpool.

Jasmin is a good swimmer, and joined me at the boat, which was ever-sinking deeper into the ocean. There were no life preservers on the surface. But there were two inflatable boat bumpers (they keep your boat from getting scraped up when up against docks) there still tied to the boat. The first one came undone quickly. Determined to have more floatation, I was pulled at least 10 feet underwater by the boat before getting the second bumper untied. I tied the two bumpers together to provide us with some floatation.

Then, my diving equipment bag popped up to the surface. We had that out of storage earlier in the day when I set the mooring on the bottom of the ocean. Inside the dive bag was my buoyancy compensator (BCD) – which is basically a life preserver that you can blow up through a mouth piece. There was also an underwater flashlight, my spare face mask and my titanium dive knife. The waterproof bag that I pulled out from under the bed before the boat flipped over also floated to the surface. I used the straps and snaps to connect everything together.

So there we found ourselves floating in the ocean out in the middle of nowhere, with a light rain coming down on is. Best I could tell; the whirlpool had either spun itself out or moved off.

We were together, unhurt, and alive.

The volcanic rocks there are too steep and sharp-edged to climb up on.

We fit Jasmin into the BCD; I used the two boat bumpers for floatation; and we crawled into the diving bag together as best we could and hugged close all night to preserve our heat.

The ocean water was 86 degrees. Sounds warm, right? And it is, if you are not going to spend hours and hours in the water. But the 12-degree difference between the water and our normal body temperature eventually had us so cold that our teeth chattered with shivers when either of us had anything to say – which, by the way, caused us to giggle at our predicament.  Though internally, both of us were feeling a deep loss for the boat which has served us so well.

At first, I believed a local fishing boat would be by in just a short period of time. I had the flashlight tied onto Jasmin’s BCD, ready to use as a signaling device at any time.

I also tied the knife there. There are a lot of sharks in the South China Sea. We see them on nearly every dive. My own experience with sharks is similar to dogs. If you boldly charge forward at a shark, he will normally go away in search of easier prey.

sunsetThe rain picked up after a while and was very cold on our heads. So we draped the waterproof bag over us for the rest of the night. It helped to preserve the warmth that we were breathing out of our bodies.

I was really surprised that we did not hear or see a single boat all night.

First signs of daylight show themselves at 5 am. That’s what I was waiting for. With the light would come a new day, warm skies, and at least a few local fishing boats.

Warmer air was nothing short of nourishing as the sun rose. But there was still not a single boat to be seen.

The problem was that the ocean currents were drifting us to the northeast out towards Apo Reef. Apo is the second largest coral reef in the world and is designated as a protected UNESCO World Heritage Site. That means local fishermen don’t go out there (those that do, end up losing their boats to the authorities).  So that was not the direction we wanted to go…

At about 7 am, facing the prospect of another night or more slowly freezing to death out in the ocean, I pointed to an unoccupied island that was seven miles away. Jasmin and I know the island from earlier voyages. We know there is clean drinking water there.

If you don’t drown, die of exposure or get eaten by something, it is the lack of drinking water that will kill you when you are lost out in the open ocean.

island in the distance

If you look close, you can see the small island way off in the distance that we were going to swim to as an attempt to save ourselves.

Nearly anyone else would have laughed at me under those circumstances if I suggested we needed to swim to an island that was so far away, we could only see it when the ocean swells allowed us a slightly heightened view. Jasmin started paddling even before I finished the suggestion. This is what ultimately saved us. She paddled and I pushed. After a few hours, I was estimating that we had moved about a mile in the right direction. My concern was that changing tides would create currents that would defeat our effort. All we could do was try.

When I first heard the boat, both of us thought it was an airplane way up in the sky. But the sound grew louder; and pretty soon, we saw that it was a boat coming from the direction of Apo. It was coming straight at us. In fact, our intersection was so perfect that the boat would have run us over if we were not seen. But the guys in the boat saw us long before stopping to pick us up.  “Man are we glad to see you!” is all I could get out of my shivering, teeth-chattering voice. This turned out to be quite a large fiberglass speed boat that had been designed and built for a dive company in El Nido, Palawan, maybe about a hundred miles further to the south.

The guys helped us into the boat and served us up with drinking water and fresh sandwiches. We were not hungry. But the water went down like the elixir of life — which it is! Jasmin really appreciated a warm shirt. Under my BCD, all she had on was a pair of panties. My body was too large to fit into any of their shirts. But I was content to be up on a warm boat, even in just my underpants.

After hearing our story, the guys in the boat offered to take us anywhere we wanted to go.

In my mind, there was only one place to go. I had to get back down to the boat where we had clothes, footwear, money and identification. The boat was in 50 feet of water.

I had plenty of diving gear and full scuba tanks on the boat. But I needed help getting down there. There was a time that I could reach down to 50 feet on a single breath; but not anymore.

So we settled on my original plan, regardless of what boat eventually picked us up. We were to be dropped off at Dimpac Island. This is a very remote place just north of Busuanga.  There is a small, friendly fishing community there.  We take shelter at Dimpac during bad weather, and have made friends with some of the locals. I was hoping someone might have a compressor that would help me reach the boat.  This idea was a long reach; but it was the best I could do under the circumstances.

salvage

Here are just some of the goodies we recovered the first day. Everything was rinsed in fresh water and stored away in a safe place.

When we reached Dimpac, we discovered that there was quite a substantial tourist diving boat there with divers in the water. What a stroke of luck! This was one of Dugong Dive Center’s several boats. Over mobile phone service, they arranged to immediately dispatch another dive boat with a crew of 4 dive-masters and a boat crew to help us do initial salvage. It was 4 pm that afternoon when we arrived back out where the boat sank and made the first of 2 dives.

Four of Dugong’s divers and myself worked until dark to recover most of the valuable items off the boat.  I don’t have images of this, because my underwater cameras came up with bags full of disorganized salvage. All I can say is that these Filipino dive-masters working for Dugong were highly professional, hard workers, and maintained a good natured and supportive posture throughout their involvement.

The dive service arranged for Jasmin and I to stay in a very comfortable resort  named Cashew Grove Beach Resort. The resort manager (Melody) was waiting for us on the beach when we stepped out of the boat and escorted us to a warm shower and hot meal. She and her staff arranged a secure place to store our salvage.

The following day, Melody arranged with a second dive service from a nearby resort, Club Paradise, to provide a boat and 4 more dive-masters who turned out to be just as helpful as the team that helped us the day before. In just a few hours, we recovered everything else off the boat that could be removed.

recovery team sunk

The boat remains on the bottom of the ocean at the time I am writing this message.  I have pretty much written that off as a loss. I’m thinking the nearly new 200HP Suzuki 4-stroke outboard motor, with all of its high tech electronic systems, would cost as much to refurbish as to buy a new one. This aluminum hull was the nicest boat I have ever had. But even if we could get it floating (likely), we would still have to tow her 200 miles to Subic Bay, strip out everything, and begin from scratch.  I have already done that once.  Makes me tired just thinking about it!

Tim and Dave

My brother Time and I celebrating just weeks before when we finally had this boat totally ready for its mission.  That was a very happy day.

Immediately upon my return to Subic Bay, my most trusted and experienced boat mentor convinced me that we could fully recover and restore the blue boat and motor if we moved fast.  I had my doubts about a full recovery and the costs involved with a project of that magnitude.  But I know that I would regret it for the rest of my life if I did not do my absolute best to recover the boat; an almost sacred friend that would have given up its own existence to preserve mine and Jasmin’s.

So Tim and I immediately pulled our 2nd (white) underwater dive exploration boat out of dry storage and assigned some work orders to the local boat shop. This was all in preparation for a recovery expedition to try and raise the blue boat and get it back to Subic.  We needed to make two voyages down to pick up our salvage at Cashew Grove, anyway. So there was not much to lose in trying to raise the boat.

A longtime friend of mine who does mechanical work all over the world agreed to accompany me and try to get the motor operating on the 1st boat.  We were just waiting for Super Typhoon Nock-10 to pass by before making the 200-mile voyage to the south where the boat is waiting on the bottom.

Message from Dave Mack, 4 January, 2017 9:00 AM, Philippine Islands:  Once again, I am forwarding this message by mobile phone through loyal brother Tim who has provided very close support since you last heard from me.

As luck turned out, we managed to get my new Laptop going and I was back in live communication with our Happy Camp office the very day that Super Typhoon Nock-10 passed directly over my present location.  All of the weather forecasts predicted 7 days of fair and calm seas.  So, my friend (who I am deliberately not naming) and I departed immediately to Busuanga Island in the Philippine South.

white boat

White boat to the rescue!

We only provisioned the boat for one week because we were carrying a lot of gear and bulky flotation devices to support the recovery mission. We expected to be finished with our mission in less than a week.

It took us two days to get down to Busuanga.  This was not because of the distance.  It was because of my increased concern about the need to drop anchor at night in protected coves.  The problem here is that the weather does not always do what the forecasters say. A calm night can turn into a ferocious storm in just minutes. We have resolved how to sustain very strong winds and seas. Whirlpools in the darkness are another matter altogether!

Our first stop on day-2 of the voyage was where the first boat sunk. Unfortunately, all that remained was the 650 pound 4-stroke Suzuki 200 HP motor.  Someone unbolted the motor and took away the hull.  This is very unfortunate, because these types of aluminum Aussie-Built special long range dive boats are hard to come by in the Philippines.  Having said that, I keep reminding myself everything happens as it should. Clearly, someone else is more enthusiastic than I am about investing the resources to resurrect that boat.

Fortunately, we still have another boat.   Though I will not be putting down anchor in unprotected locations…

Which brings me to the present:  With the boat gone, we devoted a full day searching the entire north coast of Busuanga to see if we could find it. No luck. So we made fast work on day-4 in recovering about half of the salvaged items (the other half will be recovered on the next trip) which were being stored safely at Cashew Grove.

Checking in with Tim over mobile phone service, even though it was too late in the day to start our voyage back, Tim informed me that an entirely new storm system was moving in and that we had to depart immediately to avoid getting caught in it.  Tim strongly emphasized the need to head north as fast as the white boat would take us. The surface of the sea was already choppy even before we departed.

The first 100 miles of our voyage to Lubang Island was just plain brutal.  I am talking about strong winds and waves coming straight at us from the north, sometimes getting slammed so hard, I had concerns about the boat breaking up.  My friend screamed and cried with every slam.  But there was no choice to turn around or stop.  My sole objective was to make it to a small protected cove on the West Side of Lubang Island where we could get certain shelter.  There was no other place we could go get out of the storm’s blow.

We came into the storm that Tim had warned us about 30 miles south of Lubang Island; which, by the way, is the Verde Island Straight.   When the tides are running, these are the most treacherous waters in the Philippines.

Fortunately, the wind and waves were battering us from the East.  With only a few hours of daylight left, this allowed me to direct the boat parallel to the peaks and troughs of the 6-foot waves.  Even so, we were taking a lot of water over the windshield and into the boat, along with occasional punishing slams. These caused my friend to scream out in pain.  I was hurting, too. But he was beyond miserable.

We could have put up the flexible storm window to keep more water out of the boat and my eyes. The reason I decided against it is because so much water on the windshield blocks all or most visibility forward of the boat. Take it from me when I say that running 25 MPH sideways to 6-foot seas requires that you see where you are going.

It didn’t take long for the water coming over the windshield to flood out both of the boat’s GPS sounders.  This was not a serious problem during the daylight.  But after dark, without the sounders, there would be no way to find the protected cove on Lubang.  Just as the sun was on the horizon, with darkness fast approaching, I gave the boat full throttle.   This was a race that we were about to lose!

I was taking a severe pounding myself; but the salt water and spray in my face was so severe that I was having trouble keeping my eyes open.   At one point, my eyes swelled completely shut.  That was when we slammed so hard that my friend fell out of his seat and was writhing in pain on the deck, pleading with me to stop the boat.

I stopped the boat long enough to flush my eyes with fresh water and explain to my friend that we were either going to make it to the protected cove on Lubang or die trying.  Then I suggested he sit in the back of the boat where he might be more comfortable.

It brings me no pleasure to inflict so much pain on another person. But pain is better than dead! Getting swept out through the Verdi Island Straight into the South China Sea overnight during a tropical storm is something we probably would not have survived.

Back to full speed, we pulled into the protected cove just as total darkness set in.   Fifteen minutes later and we would not have made it.

The following morning, my friend wanted off the boat at any cost.  He was so desperate, he pleaded with me to drop him off on a remote coral reef down on the Southwest corner of Lubang which has no roads or trails leading to it.  It would have been a death sentence! He just wasn’t thinking clearly.

Over his strenuous objections I drove the boat around the island and dropped him off at a ferry port where he could catch a ride back to the mainland, and a bus back home. I took on fuel and limited provisions at the port.    As my friend stepped off of the boat, it was the first time in my life I ever saw someone express true joy.  I am talking joy on the level of being in the presence of god.  You would have thought it was New Year’s Day (it was)!  He did everything except kiss the filthy ground at the port.

On that note, this was how we spent both Christmas and New Year’s.

By mobile phone, Tim told me the weather forecast was showing 3 foot waves and 15 knot winds out of the Northwest.  I still had a 100 mile crossing directly to the North of Lubang Island to reach Subic Bay.  So I decided to go for it.

But the waves turned out to be 6 feet and larger coming directly out of the north on such a short interval that the bow of the boat torpedoed through nearly every wave.  I had the foul weather windshield zipped in for this trip even though it prevented me from seeing clearly what was in front of the boat in heavy water.  My plan was just to follow north on the Boat’s Compass until I reached Subic.  After 10 miles of submarining through waves, I decided to turn back and wait out the storm.  That was five days ago.

So I am on the boat alone, having returned to the protected cove.  By driving 2 miles to the north, I am able to pick up a mobile phone service and get daily weather reports from Tim.  The forecast is for high seas and strong winds for at least the next week.

Low on provisions, I am feeding myself mainly on the fish I am shooting with my spear gun. This second boat has a hookah compressor on board, much like the compressors we use when dredging for gold. Most others might consider this over the top; but I have been having good luck by dropping anchor out on reefs in 60 feet of water, and going down to use the anchor to drive the boat. By this, I mean when I free the anchor from the bottom, high winds on the surface sweep me along the bottom of the ocean at high speed until I come upon habitat that is supporting game fish. Then I plunge the anchor again into something solid. I do this over and over. As I only need a single fish a day for myself, I have continued to make more friends with local fishermen by giving my extra catches away.

Once the dive is over, I float the anchor with a lift bag to make sure I’m going to recover it in those strong winds.

Since there is nothing else I can do to get this boat back home at the moment, I’m making the best out of my situation. Underwater adventure has been my life passion; and honestly, the solitude is allowing me some valuable time with myself.

Yesterday, I decided that I should have a larger boat. Up until now, the reason I have used smaller boats is that I can take them out of the water between voyages – and especially when I am not in the Philippines. I’ll be looking towards future seasons to trade this convenience off with the benefits and increased safety margins associated with a larger platform.

Like I said, the adventures just keep getting better and better.

With the need to put out a January newsletter as one of my primary responsibilities this story is the best I can do in my present situation.  This is especially important since we have a Legal Fund drawing coming up very soon.

Please indulge me as I provide several lessens I have learned from these experiences:

  • Nothing is unsinkable! I’m not talking only about boats. I’m talking about everything.
  • We should make the best we can out of every day we have remaining in this life. Because when your time is up, you don’t want to leave important unfinished business behind. I’m mainly talking about relationships. But I’m also talking about pursuing our life dreams.
  • It’s very interesting how quickly and how substantially life’s most important things can change. It all starts with a breath. Without that, nothing else matters for long. Sometimes we get all tied around in circles worrying about things that are of little or no consequence. Perhaps this is why some forms of meditation focus entirely on breathing. Want to experience the miracle of life? Just relish in a single breath of air.
  • During 14 hours of misery on the water, there was never a single complaint from my loyal boat-mate, Jasmin Montes. Though, there were numerous times when we found ourselves giggling at the difficulty of our situation out there in the middle of nowhere with our teeth chattering. Courage is a wonderful thing to share!
  • I’m already on the lookout for a larger boat. Good chance when we pull that altogether, I’ll be glad things happened the way they have.
  • As it turns out, the exact right boat came along and picked us up with perfect timing. If we had not tried to swim for the island, that boat would have never seen us. Think about that a second: That resort in El Nido ordered their new boat months and months before, took delivery hundreds of miles to the south, chose their exact path out of the infinity of routes they could have taken to the south – only to intersect with Jasmin and I like a bullseye at exactly the right time to rendezvous with a commercial diving company. What are the odds of all that happening? The odds were far more likely that we would still be out there floating around as shark bait!
  • These near death experiences help me to appreciate my truest and most loyal friends. I’m talking about you guys!!  And of course, the thousands of close supporters from around the world who appreciate my adventures.

As it was, the weather eventually cleared up enough to allow me passage across to Subic Bay from Lubang Island. The boat has been washed down and placed in storage. I have ordered replacement GPs sounders and placed several work orders with the boat shop to bring the boat back to full readiness. The local dive shop will replace the scuba compressor that went down with the first boat. Jasmin and I are gearing up to recover the remainder of our salvage and resume our exploration adventures shortly after I publish the February newsletter.

Note: I want to extend my most sincere thank you to Ian and Melody, along with their entire staff at Cashew Grove Beach Resort in northern Palawan, Philippines. In addition to providing an extraordinary service to their customers (diving, trekking, exploring, enjoying the beach, fantastic meals and lodging), they deliver hospitality far beyond what you would expect from anyone short of family: +639 98 5533 184.

Legal/Political Updates

I know we all have our own views on this. We will have to allow things some time to see how things work out.  My own initial impression is that Donald Trump is going to be very good for America. Looking at the team he is building around himself, I get that his full intention is to pry the government off the backs of working America.

In my mind, it’s not a matter of whether or not Mr. Trump wants to “make America great again.”  The question remains how he is going to deal with the substantial forces which fully intend to obstruct his efforts.

For about as long as I have been an adult, liberals have been having things go their way with so little effort that they have not had to work very hard to make life much more difficult for those of us who have had to make our way by creating wealth and wealth-producing services. Having been on the front lines doing battle with liberals for quite a long time, I have come to the conclusion that very few of them are willing to accept reality as it actually is.

So I am predicting that there will be lots of commotion as the new Trump administration and republican majorities begin implementing policies which will force our liberal brothers and sisters to confront a whole new reality.

In a similar way that Jasmin and I intersected with that boat out in the middle of an open sea, Donald Trump has arrived in American politics at just the right time to turn our country around. He is just the right guy, and perhaps the only guy, who will hopefully be prepared to reverse decades upon decades of misguided, socialist policies which have all but destroyed the American dream.

Dave MackI’m not concerned about Mr. Trump realigning the federal government to support working America. My foreboding is more about how he will persuade obstructionist States and localities. It is State policies that have destroyed so many wealth-producing industries. Imagine, as gold prospectors, the State of California has made it against the law for us to use any mechanized device to locate and recover gold within 100 feet of a waterway – even if there is no measurable impact upon the environment.

That’s liberal thinking; totally divorced from the reality of economic principles.

I predict the Second American Revolution has already started; and it is likely to get ugly (and perhaps violent) as the Trump Team increases pressure upon powerful liberal forces who will do everything within their power to obstruct his progress.

Since the future of America’s “greatness” will largely depend upon our rediscovering the values and principles which made our country great in the first place, along with the future of our small-scale gold mining industry, I strongly encourage you to keep an open mind, contribute in a positive manner, and stand firmly behind Mr. Trump’s efforts as he faces off with the enemies of America’s traditional way of life.

And just remember: (1) Everything happens exactly as it is supposed to, and (2) Each of us gets exactly what we need, even if it’s not what we are asking for! And (3) if it’s not what you think you want, just take a breath!

California Waterboard Scoping Hearings:

The California State Waterboard is conducting Public Workshops in anticipation of creating a new Suction dredging permit. Here is their announcement. I would advise those of you who live close enough to attend the Workshops and put in a good word for our side.

Legal Fund Drawing Coming Soon!
Gold and Silver Eagles

There will be 25 prizes in all:
Grand Prize: 1-ounce American Gold Eagle
Four ¼-ounce American Gold Eagles
Ten 1/10th-ounce American Gold Eagles
Ten 1-ounce American Silver Eagles
Our office will automatically generate a ticket in your name for every $10 legal contribution we receive ($100 would generate 10 tickets, etc.).

This drawing will take place at 12:00 Noon on 24 February 2017 at our headquarters in Happy Camp. You do not need to be a member of our organization to participate. You do not need to be present to win.  There is no limit to the size or frequency of your contributions, or to the number of prizes you can win.

Legal contributions can be arranged by calling (530) 493-2012, by mailing to The New 49’ers Legal Fund, P.O. Box 47, Happy Camp, CA 96039, or online.

Purchase Tickets for the next legal Fund-raiser Drawing

  $10.00 each – Enter the number of tickets you wish to purchase into the quantity field then click “Update” before checking out. Our office will 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. Your contribution to The New 49’er Legal Fund is tax-deductible.

Thanks for anything you guys can do to help!

Sign up for the Free Internet Version of this Newsletter

We strongly encourage you to sign up for the free on line version of this newsletter.  The Internet version is better. This is because you can immediately click directly to many of the subjects which we discuss; because the on line version is in full color; because we link you directly to locations through GPS and Google Earth technology; and because you can watch the free video segments which we incorporate into our stories.  Actually, the video segments show the adventures better than we can write them!

Signing up also places you on our Political Action Team.  Things happen so fast these days; it takes too long to organize political action through the U.S. mail.  As an example, by contacting our supporters this way, in a matter of hours, we recently generated a large bundle of letters to the California Supreme Court. All of these future battles will be organized over the Internet since it is so much faster.  Please join us in the battle to maintain our remaining freedoms!

Sign up for our Free Internet Newsletter!

Note: You are free to unsubscribe anytime just by clicking a link if you decide to do so.

 

The New 49’ers Prospecting Association, 27 Davis Road, Happy Camp, California 96039 (530) 493-2012  www.goldgold.com

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New 49'er Newsletter

THIRD QUARTER, SEPTEMBER 2016                               VOLUME 30, NUMBER 9

Dave McCracken

 

Newsletter By Dave McCracken General Manager

 

I am very disappointed to announce that the California Supreme Court unanimously overruled California’s Third Appellate Court’s unanimous ruling in the Rinehart case. Here is the quite extensive ruling.

Basically, if I understand it correctly, the Court has declared that a State agency has the authority to ban certain types of mining if it determines that the method is harmful to the State’s waterways. Although they did leave open the question of whether or not the State properly made the determination that motorized mining within 100 yards of an active waterway is harmful. That issue was not part of the Rinehart case.

Now that the California Supreme Court has ruled, my best guess is that any prospector using a motor to remove or process streambed material within 100 yards of an active waterway without a permit (which is not being made available), if caught, is likely to be successfully prosecuted.

Here is a Memo by our attorney who has been representing Rinehart, explaining why he believes the Court’s ruling is so flawed. Rinehart has already petitioned the California Supreme Court for a Rehearing.

Now that the California Supreme Court has ruled, we are submitting a motion to the San Bernardino Court to schedule the trial in which we will contest the manner in which the State determined that motorized mining is so harmful that the practice should be banned altogether. You may recall that the San Bernardino Court ruled last year  that the State was operating an unreasonable “scheme” to eliminate suction dredging.

Brandon Rinehart

We especially want to thank Brandon Rinehart for joining us on last weekend’s group project and continuing to inspire hope for the future.

Meanwhile, nearly the very same arguments over federal preemption in Oregon’s moratorium on motorized mining has progressed to the federal Ninth Circuit Court, which also has jurisdiction over California. Our attorney tells me that the issues have been very well briefed for our side, including two separate Amicus briefs submitted by conservative law foundations. Since we have exhausted our federal supremacy argument at the state level in California, now we will have a chance to see what the federal Appellate Court has to say. Let’s all keep our fingers tightly crossed!

Ninth Circuit aside, if Rinehart’s Petition for a Rehearing fails, our next and final remedy will be to petition the U.S. Supreme Court.  As most of you probably know, the U.S. Supreme Court is presently deadlocked with four conservative and four liberal-leaning judges. The ninth Supreme Court judge will be appointed by whoever wins the presidential election in November. If Hillary wins, she will surely appoint a liberal judge. Mr. Trump has already published a list of conservative judges that he would choose from.

So it would seem likely that whoever wins the coming presidential election will ultimately determine the fate of motorized mining on the public lands of America, amongst other extremely important matters to the traditional way of American life.  The conservatives, by the way, for the most part, are supportive of resource development, while the liberals mostly support more government control.

We will eventually overcome the nonsense which is taking the lifeblood out of the American dream. It’s a matter of when our leadership realizes that the long term health of our economy and freedom depends upon our ability to create wealth through honest hard work. If the shackles were taken off (unreasonable regulations everywhere you look), America would surge forward and be great again. We have everything we need to make this happen except competent leadership. The ongoing election cycle demonstrates that Americans are beginning to wake up to this.  Let’s not give up hope just yet!

 

We Have Developed Non-motorized Underwater Suction Mining!

Out in the middle

With a lot of help from a dozen or so members, two who are engineers, through the summer months, we have developed a method of underwater suction mining that does not require the use of motors.

Our first sample result in the large rapid located at Oak Flat was encouraging, but we soon realized that we were not sampling on the high-grade gold path. Therefore, we figured the high-grade would likely be out in the middle of the river or over towards the other side. So through quite a lot of effort, we extended our gravity flow water system out there along the bottom of the river and took some more samples.

It sure felt good to be out there underwater again!

Ultimately, through more sampling all the way up into the meat of the rapids, we discovered that this was not a natural riffle in the first place. It was a manmade structure built out of stacked boulders and cobbles with just a soft gray mud between them.  Perhaps it was a road to the other side of the river, or maybe a water diversion, during the time before dams and flood control made the river run deeper all year long.

I surveyed the far side of the rapid before we started the project and found good natural streambed.  That encouraged us to move ahead. The lesson from this is that more thorough surveying is required in advance of large projects like this. Here follows some video that captured some of the action:

My hope was to establish a deposit where we could allow members to participate. Even if we found it out there in the middle of the river, the conditions would have been too dangerous to manage group programs, anyway.

The good news is that we figured out how to create underwater suction without using motors. We presently have two of our most capable members working on a different way to generate suction power by harnessing the flow of the river.  I’ll let you know how this goes.  Since these types of systems require more time and investment to set up than the average prospector is likely to do, we are thinking that we can perhaps use them in organized group mining projects for members – for recreational purposes only, of course.  I do know where there is a substantial gold deposit in rather shallow water where one of these systems could make members very happy if we scheduled regular events like we do with the weekend surface mining projects.

floating sluice having fun

underwater snipingOn that note, considering that we might not be able to use motors for a while, we are considering if we should add to the services we provide to members during the summer months. Our weekend projects have become more popular. Some members attend every event. I’ll save the video-enhanced stories for later newsletters. Meanwhile, here is some video which shows how much fun members are having even without the use of motors:

 

 

final gold splitting up the gold

Because the The New 49’ers have the resources to support group projects with boats, rafts, floating recovery systems and perhaps even an underwater suction system in a high-grade pay-streak, we would appreciate your thoughts on how we might provide more or better service to our members?

cleanup sniping

We have members who are highly skilled in electronic prospecting for gold who are willing to put on weekend events.  We also have a group of members who are willing to take others out on prospecting adventures, a few at a time.

Gold Nuggets Strike Smiling success

Several members did quite well this season using motorized hookah to access the bottom of the Klamath and side streams for crevicing (but not for removing or processing streambed material).  Using our boats and other gear, we could sponsor group projects doing this with a limited number of members at a time. As members gain more exposure to these other methods of finding gold, it will be easier for you to find success on your own.

Man smiling Woman smiling with gold pan

We found ourselves in a similar situation during the first few years after we started The New 49’ers in 1986. Most members did not know how to find high-grade gold on their own.  There was a lot of disappointment.  We almost didn’t survive those early years. Then we started group programs to show our members how to do it. Some members learned and started finding their own gold. This created hope for others. Hope of finding gold is what drives prospectors to sample.

Woman smiling  Bearded man smiling

Even without the use of motors, there are still productive methods of recovering gold from our extensive properties.

It was easier for individual members to be more productive going out on their own before we lost the use of motors.  I’m suggesting that we might be able to keep interest levels up if we utilize the Club’s more substantial resources and volunteers to offer more, and different kinds, of organized group events?  Your feedback and ideas on this would be appreciated. Please direct it to new49ers@goldgold.com or call Montine at 530 493-2012.

Our weekend surface mining projects for 2017 will be on the following dates:  June 3 & 4; June 24 & 25; July 15 & 16; August 5 & 6; August 26 & 27. These are free to all members.  We will consider adding other types of events if we get strong feedback from you guys.

We are Switching to Winter Hours

Based upon the amount of activity we had last winter, in order to conserve resources, we are cutting back the hours which the office will be open between now and the first of May: WINTER HOURS: We are open between 9 a.m. to 2 p.m. Monday through Friday. If you call the office while we are closed, please leave a voice message and we will get back to you. Thanks for your understanding.

Three More Ounces of Klamath River Gold Nuggets!

klamath-river-gold-nuggetsThe New 49’ers Legal Fund is giving away another three ounces of beautiful Klamath River gold nuggets, split into 25 prizes. Check it out right here. The drawing will take place on Friday afternoon, 21 October.

You do not need to be a member of our organization to participate. You are welcome to be at the drawing, but you do not need to be present to win.

Our office will automatically generate a ticket in your name for every $10 legal contribution we receive ($100 would generate 10 tickets). There is no limit to the size or frequency of your contributions, or to the number of prizes you can win.

Legal contributions can be arranged by calling (530) 493-2012, by mailing to The New 49’ers Legal Fund, P.O. Box 47, Happy Camp, CA 96039, or online.

Purchase Tickets for the next legal Fund-raiser Drawing  

  $10.00 each – Enter the number of tickets you wish to purchase into the quantity field then click “Update” before checking out. Our office will 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. Your contribution to The New 49’er Legal Fund is tax-deductible.

Sign up for the Free Internet Version of this Newsletter

We strongly encourage you to sign up for the free on line version of this newsletter.  The Internet version is better. This is because you can immediately click directly to many of the subjects which we discuss; because the on line version is in full color; because we link you directly to locations through GPS and Google Earth technology; and because you can watch the free video segments which we incorporate into our stories.  Actually, the video segments show the adventures better than we can write them!

Signing up also places you on our Political Action Team.  Things happen so fast these days; it takes too long to organize political action through the U.S. mail.  As an example, by contacting our supporters this way, in a matter of hours, we recently generated a large bundle of letters to the California Supreme Court. All of these future battles will be organized over the Internet since it is so much faster.  Please join us in the battle to maintain our remaining freedoms!

Sign up for our Free Internet Newsletter!

Note: You are free to unsubscribe anytime just by clicking a link if you decide to do so.

 

The New 49’ers Prospecting Association, 27 Davis Road, Happy Camp, California 96039 (530) 493-2012  www.goldgold.com

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New 49'er Newsletter

THIRD QUARTER, JULY 2016                               VOLUME 30, NUMBER 7

Dave McCracken

 

Newsletter By Dave McCracken General Manager

 

We demonstrated in last month’s newsletter how water can be gravity-fed off the mountain to operate gold recovery systems without the use of motorized pumps. The single drawback to that method is that you have to locate a rich deposit of gold near to where there is a source of water flowing from the hillside – or perhaps a pond of standing water from which water can be transferred through a syphon.

Moving sluice dowsing still

We have access to miles and miles of gold-rich property along the Klamath River where side streams do not exist. Therefore, over the past month we developed a non-motorized, portable gold recovery system that can be set up anywhere along a waterway where there is at least a moderate flow of water.

Normally, a sluice box is set up along the bottom of a shallow portion of river or stream where the water is moving fast enough to carry your sample material or pay-dirt through the sluice. Riffles (gold-catching obstructions) are placed along the bottom of the sluice. Because gold is about five times heavier than the average sand and gravel in a streambed, even the smallest particles of gold will fall down between the riffles and become trapped, while the lighter material washes through with the flowing water. Sluice boxes have been used by prospectors since the earliest days of gold mining.

But the normal limitation with a gold sluice is that it can only be done where the water is moving along rather swiftly over top of a shallow place in the waterway.  Shallow, faster portions of waterway are common along the side tributaries of the river. But there are long distances along the Klamath where the gold deposits alongside the river are very productive, but the water is too deep to set up a sluice in the normal way.  We overcame this during past years by using a motorized pump to supply water from the river to our sluices up on the streambank.

Guy smilingMost of you are aware that California recently passed a law which prohibits the use of a motorized pump to support gold prospecting activities unless you first obtain several permits – which are not being made available.  The New 49’er Legal Fund and several other prospecting associations are actively challenging the State’s authority to impose such laws upon our American freedoms (“You must have a permit, but we are going to make it next to impossible for you to get one…”). We are hoping that the California Supreme Court will reel in these overbearing, unreasonable State agencies in the landmark Rinehart case which will be decided in the coming weeks or months (more on this below).

Since we have already won these arguments conclusively at the District Court level, and through a unanimous Decision by California’s Third Appellate Court, The District Court in Siskiyou County has ruled that it will not entertain any State prosecutions of gold prospectors until the California Supreme Court provides guidance.
Because we have won at each level of State Court, and the Siskiyou County Superior Court is not accepting State prosecutions, many prospectors are using motors to support their gold mining activities this season.  In fact, we have not heard from or seen a game warden along the river in two months.

River sceneWhat we do in our individual mining programs is our own business. The New 49’ers have a set of reasonable operational guidelines which we enforce along the extensive properties which we make available to our members.  But there is nothing in our guidelines which prohibit the use of motorized systems or suction dredges.

Having said that, we do not want to take any chance of having a bunch of our members hassled by State authorities during the Weekend Group Mining Projects which we sponsor. So until the California Supreme Court provides some helpful direction, we have been developing different ways to continue our mining projects effectively without the use of motorized pumps.

It is inconvenient for us to overcome the nonsense being forced upon us by State officials who don’t have a clue that efficient economic systems are the foundation of a free and prosperous society. I believe Donald Trump would use the word “Stupid” to describe public officials that are doing their absolute best to undermine the American economy. We can expect more and louder objections from hard-working Americans as they wake up to the realization that government has grown too big and is strangling the life out of America.
Since it was freedom of spirit and application of our intelligence in overcoming hardship that made our country great in the first place; for the moment, we choose to look at overcoming unreasonable laws and regulations as doing our part to make America great again – for everyone! We hire the best attorneys to fight the legal battles in court. And we put our thinking caps on to make the best out of the freedoms that are still allowed to us.

Kids smilingOne of the many very proven gold-bearing areas along our extensive properties can be found nine miles downstream of Happy Camp alongside the Klamath River on a property which we have identified as K-23AA.  This is just one of dozens upon dozens of very extensive properties which we make available to our members.  Because the gold deposits are plentiful and very shallow, we have been doing our weekend group projects on K-23AA for several years.  There are several large parking and camping areas in the immediate vicinity, toilets, and even a river access where we can launch our boats.

There are some places where members are sluicing in shallower water. But the river is too deep along most of K-23AA to support conventional sluicing. So we decided to develop something entirely new; a sluice box which is suspended just below water level by a set of floating pontoons. By “we,” I mean we have a dozen or more active members who volunteer to participate in all or most of our New 49’er events and projects. It would be fair to describe this group as The New 49’er “insiders.”  They are insiders because they don’t hesitate to walk in the door whenever it is open. The door is open to all members. Some people like to be more involved with management and sponsored events.  Others like to do their own thing.  Our program provides the freedom to enjoy the opportunities any way our members wish to.

We had perhaps eight people working on this floating sluice idea. Making the system work had us out on the river doing trial and error on three different occasions.  There were also some late nights in our fabrication shop. This is not only about work.  We have a lot of fun developing these systems. Sometimes there is disappointment when they don’t work as planned. But we take a lot of pride once we get a new system dialed in.

sluice The good thing in all of this is that R&D on the river nearly always involves the use of my jet boat. Boats have been my personal passion for my entire life. Sometimes I even let the others drive! Check this out:

Our first try at the floating sluice worked well enough to keep us encouraged. But we realized almost immediately that the sluice box was nearly impossible to keep stable on the water by using floatation alone.  Once we added some adjustable legs, we were able to support the platform off the bottom of the river.  Then all we needed was some fine tuning adjustments to dial the sluice in to work perfectly. This is very cool; because it now provides us with a non-motorized gold recovery system that can keep up with the digging activity during our weekend group mining projects. Here is some video of the moments when we finally had the system dialed in:

Panning for goldSixty-three members were signed up to participate in our most recent weekend project. Some were not able to show up.  But we had quite a willing team.  We always begin these projects on Saturday morning in the coolness of the Happy Camp Grange Hall with introductions.  People join us from all over the world. This was a very lively bunch with plenty of enthusiasm.

While my project helpers were down getting things set up on K-23AA, I entertained the participants with some stories about our 31-year history as an association of miners along the Klamath River. It’s helpful to know how things got where they are. I also provide some helpful theory on how to carry out a sampling plan in search of rich gold deposits.

We like to take it kind of easy on Saturday during these projects. This is because most of the physical effort is needed on Sunday morning when we all work together to recover as much gold as we can. We use boats to transfer members across the river where we have discovered extensive, rich gold deposits.

The main objective on Saturday afternoon is to help beginners perfect their gold panning skills.  Gold panning is the first thing a prospector needs to learn.  Once a person can pan gold without losing any, he or she can begin a sampling program. Then, step by step, the person can walk him or herself into a rich deposit of gold. It all begins with a gold pan. I captured just one of the many ongoing panning lessons in the following video:

Big smile gold sample in pan

This Saturday afternoon was particularly exciting because nearly everyone was turning up plenty of gold in their sample pans. John Rose confided in me that the pans were producing more gold than he has seen in five or more years. Everyone was having fun out there. Participants get to keep all the gold they find on Saturday afternoon. Here is some video that will give you an idea of what good sampling pan results look like:

We started shuttling people back across the river at about 4 PM. This was so they could have time to freshen up and prepare for our Saturday evening potluck. We filled the Grange Hall that evening. There was enough food to feed an army!

To stay ahead of the summer heat, we all agreed to meet out at K-23AA at 6:30 AM on Sunday morning. Several of us arrived early to get the boats ready; and it was not long before we had a small army of gold prospectors digging out exposed bedrock cracks and filling buckets with pay-dirt from the more productive areas we had discovered the day before.

Bedrock Big smile

While most everyone was busy filling buckets, the experienced project helpers and I moved the floating sluice out onto the river, tied it off where there was a nice steady flow of water, lowered the legs down to the river bottom, and adjusted the sluice so it would work perfectly. It was just like clockwork! Here is some video that captured the action:

sluice  Sluice closeup

We dialed in the water to flow perfectly over the floating sluice.

The buckets of pay-dirt were packed over to our rubber raft which was positioned next to the floating sluice. Then one-by-one, material from the buckets was fed into the recovery system.

Kid smilingIt only took a few buckets before we started seeing gold glimmering in the front of the sluice box. Then a nice golden nugget showed itself.  Then a few more.  This was very cool! Normally, we don’t see the gold we are recovering until we clean out the recovery system. Here is some video which we captured on Sunday morning:

We encouraged all of the participants to take some time during the day to go over and watch our floating sluice.  I saw several people go over and look.  But most just wanted to dig the pay-dirt out of those cracks!

The pan samples on Saturday afternoon turned up a lot of gold flakes; more and larger than we normally see.  These were showing up in the sluice box as the pay-dirt was processed.

Dickey pouringMy job on this particular project was to capture images and video of the action. So I got around to see what most people were doing. Everybody out there was having a great time!  Here is some video that captured the fun:

The highlight of the day was when Dennis Kim from Hawaii pulled out his dowsing tool and began asking the guardian of the river to reveal where the richest gold deposit was located in the area of our dig. He made quite an interesting presentation out of it.

I personally have seen dowsing work for locating water. But in 40+ years of gold mining, I have never seen dowsing successfully locate a rich gold deposit.  Even so, as I have gotten older and maybe a little more wise, I have become more reluctant to pass judgment on things that I am not certain about – which I suppose covers just about everything. The battery on my own camera ran out of steam, so one of the participants captured this on a mobile phone:

Dennis Kim from Hawaii  Dowsing gold

Once the river guardian directed Dennis to a place that looked like a good gold trap, a bunch of us started pulling rocks out of the way, and I grabbed a single handful of material to get a quick pan sample.  And I swear it was one of the best grab samples I have ever panned!

RaftersThis all created quite a lot of excitement, and everyone redoubled their efforts at digging pay-dirt from the exposed bedrock cracks out there on the streambank.

But it is not all just about the gold. We have many members who come back time after time to enjoy the whole experience:

There are plenty of rafting groups that float by when we are out on the river.  We go out of our way to make friends with them.  If we have gold to show, we call them over to see it. This always creates a nice bit of excitement. Sometimes we ambush rafters into a water fight.  It’s a good thing to have harmony out along the river on one of the most beautiful places on earth. Here is just one interaction we had with some rafters who were floating by:

We started winding things down at about 10 AM, just as the heat of the day was bearing down on our project.  After pulling the gold out of the sluice box and putting the gear away, we ferried everyone across the river with plans to meet back at the Happy Camp Grange Hall at 2 PM.

Final gold Big thumbs up

Final cleanup of the goldnon-motorized dredge, and the gold split. took a few more hours to complete in the coolness of the air conditioned Grange Hall. The excited chatter of all the participants was almost deafening as we passed out equal shares to everyone.  In all, we recovered 12.5 Pennyweights that were split amongst 44 participants.  We recovered 11 nice gold nuggets.  In some very magical way that I don’t fully understand, Dennis Kim ended up with the very special gold nugget that the river guardian wanted him to have.  He was so excited that he was beyond words. Everyone else shared in that magical moment.  And that’s the way we ended off on another great weekend project.

As a side note on this, we have perhaps 10 members collaborating on a non-motorized underwater mining system that does not meet the definition of a “suction dredge” under California’s most recent laws. Our prototype is already being tested on the river. The following video shows our first test of the device. Further modifications have created enough suction-power to pull gravel from the bottom of the river, but we still need a little more. I hope to have some exciting news for you in our August newsletter. Stay tuned:

Legal Fund Drawing Winners

The New 49’ers Legal Defense Fund gave away three ounces of Klamath River gold nuggets, which were split into 25separate prizes, at our Saturday evening potluck in Happy Camp on 25 June 2016.  Here are the winners:

One ounce of Klamath River gold Nuggets:  William Hinkle of San Diego, CA.

Quarter-ounce of Klamath River Gold Nuggets (4 prizes):  Richard Kelly of Moxee City, WA; Joseph Sawyer of Dayton, NV; Dane Petersen of Aloha, OR and Uwe Martin Mueller of Miami FL.

One pennyweight bags of Klamath River Gold Nuggets (20 prizes): Ryck Rowan of Spokane, WA; Frank Collier of Yreka, CA; Kenneth Mulholland of La Habra, CA; Vicki Byrd of Wenatchee, WA; Irene Standley of Troutdale, OR; Paul Gokey of Maricopa, AZ; Bruce Morton of Prosser, WA; Joe Martin of Willits, CA; George Shorter of Mobile, AL (George was the only winner present at the drawing); Dan Christenson of Sidney, MT; Daniel Court Sr of La Pine, OR; Dennis O’Shea of La Haina, HI; Richard Kelly of Beaver Creek, OR; Scott McGrosso of Escondido, CA; Scott Hagen of Livingston, MT; Scott Langston of N FT Myers, FL; Richard Smith of West Jordan, UT; Dennis Taylor of Sherwood, OR; Robert Gauf of Clear Lake, CA; and Ryck Rowan of Spokane, WA.

Congratulations to all the winners and a great big thank you to all the contributors!

Since this was one of the more productive legal fund-raisers we have had in quite a while, The Legal Fund has decided to do it again with three more ounces of Klamath River gold nuggets, once again split into 25 prizes. The drawing will take place on Friday afternoon, 21 October.

You do not need to be a member of our organization to participate. You are welcome to be at the drawing, but you do not need to be present to win.

Our office will automatically generate a ticket in your name for every $10 legal contribution we receive ($100 would generate 10 tickets). There is no limit to the size or frequency of your contributions, or to the number of prizes you can win.

Legal contributions can be arranged by calling (530) 493-2012, by mailing to The New 49’ers Legal Fund, P.O. Box 47, Happy Camp, CA 96039, or online.

Purchase Tickets for the next legal Fund-raiser Drawing  

  $10.00 each – Enter the number of tickets you wish to purchase into the quantity field then click “Update” before checking out. Our office will 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. Your contribution to The New 49’er Legal Fund is tax-deductible.
Unfinished Business

Legal Update:  The California Supreme Court listened to oral arguments in the Rinehart case on the first of June. As I have explained in earlier newsletters, the Rinehart case is perhaps the most important litigation concerning mining that has happened during our lifetimes.  The question in front of the Court is to what extent the State has the authority to materially interfere with or prohibit different methods of mining on the public lands because of real or imagined environmental or social concerns.  In this case, the controversy is over California’s refusal to issue any suction dredge permits without even providing a process to consider if any impacts exist in the first place.

Nobody knows how long it will take for a written answer.  Though it would seem reasonable that they would try to finish it up while the material remains fresh on their minds. The Court has a heavy case load.  I’m hopeful that they would prefer to finish each case as soon as possible.

All or most of the ongoing litigation over suction dredging in California State court is on hold until the California Supreme Court issues a decision on the Rinehart case.

The True Value of Gold:  Someone sent me a link to the U.S. Debt Clock last week, and I was shocked at how fast the millions upon millions of Dollars are stacking up on the U.S. national debt. You can find the link right here:

One of the most interesting pieces of information on the page can be found in the bottom-right hand corner of the chart which shows what the actual value of gold should be, based upon the number of U.S. Dollars that have been created since gold was unpegged from the fixed Dollar value of $35 in 1971. According to the chart, gold should be trading right now at $7,642 Dollars per ounce. That is $382 Dollars per pennyweight. It is $16 Dollars per grain.

What this means is that if gold were trading at its true value, nearly anyone could sustain a living along our mining claims with just a gold pan.

One day, maybe soon, all the nonsense is going to settle out and gold will return to its rightful place as the world’s only true currency.

Once gold is trading at its true value, the extensive properties we make available to our members could be considered one of the most ideal banks in the world.  You will be able to go down to the river or creek and make a draw anytime you want to do a little exercise.  The gold you recover will be free; yours to keep or trade for the things you need or want.  You won’t even have to pay it back. How’s that for the right kind of bank?

The Debt Clock is a clear demonstration of how badly America is being managed. Sooner or later (probably sooner), this ticking time bomb is going to affect everyone on the planet in one way or another.  But especially everyone in America. We should begin adjusting ourselves to the reality that the future is not going to be the same as the American dream we have experienced for several generations.

My advice would be to put some gold away in safe keeping if and while you can.  And don’t retire your gold pan. One day it may keep you and your family from standing in a government food line.

I’m sorry to voice this reality.  Go to the Debt Clock and look for yourself.  This cannot go on for much longer.

“Gold Warriors” is a book everyone should read:   Someone very kind sent me a copy of this book a few months ago. Even though I seldom have time to read books, I made the time for this one.  Drawing on a vast range of original documents and thousands of hours of interviews, this book exposes one of the greatest state secrets of the 20th century. The book provides an incredible history lesson that is not taught in any school or university. The book provides important insights into many things; but here are the two most important revelations to me:

  • Despite how well we have been misled to believe that gold is not important to world financial affairs, the truth is that the health of all financial systems on the planet revolve around gold. Paper is nothing, even if it is a gold certificate. Even if it is a receipt from the bank or storage facility that is “keeping your gold safe.” Read the book and you will realize that the entire 20th century has revolved around gold. This reality has been completely hidden from us. Read the book and see for yourself.

Just today, someone forwarded me a link to an article about Japanese investors rushing to turn the last remaining value out of the failing Japanese Yen into gold and store it in Swiss banks. Sounds like a good idea, right? But “Gold Warriors” carefully documents how all of the world’s largest banks, especially those in Switzerland and America, with the full support of the U.S. government, have refused to honor the gold certificates they have issued, or return deposited gold to its rightful owners – and even have gone so far as to completely destroy prominent legal firms that have attempted to gain satisfaction in court.  Like I said, the book is a real wakeup call!

  • The government is not here to help us. We cannot believe anything the government says. Nothing is truly as it seems on the surface or in the news. If there were no other lessons from Bengasi, it is clear that the government will not even be there for its own best people when the chips are down.

You have to look to your own available resources to secure your future. Stay out of the government’s way or it will run you over like a freight train. The Debt Clock I linked to above is just one of the freight trains coming at all of us full steam ahead, and increasing its momentum every second of the day.

While the book makes this entirely clear, anyone following the ongoing election cycle and other events happening in the news just this week should have already come to the conclusion the something is very wrong with government in America. Dark times ahead. We should prepare. If you cannot afford to buy gold, allow us to teach you how to mine it.

We must fight to hold onto the extensive gold properties available to us and for the freedom to extract the gold from them. Once they succeed in taking that away from us, our program in Happy Camp will no longer be the lifeboat that it is today for freedom seekers who hope to retain some personal control over our destinies.

I’m sorry for this sobering discussion.  You guys that have followed my writings know that I always try and find the positive and hopeful side.

Between the history lesson in “Gold Warriors,” the ever-accelerating debt being piled upon us by our “leaders,” the realization in recent days that top officials in government are above the law, widespread increasing disrespect for government due to multiple reasons, including the State’s ongoing unlawful scheme to undermine our industry, and the political rhetoric in the ongoing election cycle, it seems perfectly reasonable to be very concerned.  I remain hopeful about a lot of things.  But it still feels like the right time to ring the alarm bell.

2016 Weekend Group Prospecting Programs

All weekend events are free to Full & Associate Members!

This season, at least until the legal question about using motors is resolved; we will be demonstrating how to recover volume-amounts of gold using non-mechanized methods of mining. Believe me when I say that there still remain viable methods of recovering Mother Nature’s golden treasure!  You might be really surprised! With all the people who participate in our weekend projects, my guess is that the gold production will not change by much. All participants will receive an equal share of the gold we recover.

Schedule of Events: June 4 & 5; June 25 & 26; July 16 & 17; August 6 & 7; August 27 & 28

The New 49’ers provide all of the sluicing equipment and boats used in these projects. You will need to have your own basic digging tools, gold pan (available in the prospecting shop in Happy Camp) and transportation. You will also need to provide your own lodging and nourishment.

Group projects are limited to a manageable number of participants. Scheduling in advance is strongly advised to ensure a position on any specific weekend project: 530 493-2012.

Sign up for the Free Internet Version of this Newsletter

We strongly encourage you to sign up for the free on line version of this newsletter.  The Internet version is better. This is because you can immediately click directly to many of the subjects which we discuss; because the on line version is in full color; because we link you directly to locations through GPS and Google Earth technology; and because you can watch the free video segments which we incorporate into our stories.  Actually, the video segments show the adventures better than we can write them!

Signing up also places you on our Political Action Team.  Things happen so fast these days; it takes too long to organize political action through the U.S. mail.  As an example, by contacting our supporters this way, in a matter of hours, we recently generated a large bundle of letters to the California Supreme Court. All of these future battles will be organized over the Internet since it is so much faster.  Please join us in the battle to maintain our remaining freedoms!

Sign up for our Free Internet Newsletter!

Note: You are free to unsubscribe anytime just by clicking a link if you decide to do so.

 

The New 49’ers Prospecting Association, 27 Davis Road, Happy Camp, California 96039 (530) 493-2012  www.goldgold.com

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New 49'er Newsletter

FIRST QUARTER, JANUARY 2016                               VOLUME 30, NUMBER 1

Dave Mack

 

Newsletter By Dave McCracken General Manager

 

As many of you are aware, California passed a new Water Quality law last year which went into effect at the beginning of 2016. Senate Bill 637 has modified California’s suction dredging law under Section 5653 of the Fish & Wildlife Code to require a Water Quality Permit or Waiver before a dredging permit will be granted.  You can find the language of SB 637 right here.

The language of SB 637 allows several ways to obtain the Water Quality Permit or Waiver.  Because some federal Waivers are already in place for suction dredging, it is confusing at this point which, if any, additional steps are necessary to obtain a suction dredging permit.  Several of our most qualified members have devoted the past two months trying to figure it all out.  We have consulted extensively with the leaders of the other industry associations in California, and with our attorney, and even with local law enforcement personnel inside of the Department of Fish & Wildlife (DFW).  All I can say is that no two people have the same view of how SB 637 will affect California suction dredgers – and/or those of us that are doing small-scale motorized prospecting activity outside of the active waterways. Here follows some of the key language in SB 637 that everyone is struggling with:

It is unlawful to possess a vacuum or suction dredge in areas, or in or within 100 yards of waters that are closed to the use of vacuum or suction dredges.

For purposes of this section and Section 5653.1, the use of vacuum or suction dredge equipment, also known as suction dredging, is the use of a mechanized or motorized system for removing or assisting in the removal of, or the processing of, material from the bed, bank, or channel of a river, stream, or lake in order to recover minerals. This section and Section 5653.1 does not apply to, prohibit, or otherwise restrict nonmotorized recreational mining activities, including panning for gold. 

The reason we struggle is that there are a lot of prospecting and other activities that have nothing to do with suction dredging, but which use the same or similar gear that we use in dredging, and in particular use motorized equipment. If so, that would put an end to a big part of California’s sand gravel mining industry. Since the language is somewhat ambiguous in its meaning, we are supposing that “intent to operate a suction dredge” is required.

For example, a suction dredge is not allowed within 100 yards of an active waterway if it is closed to dredging.  We get that.  But what about the same kind of motorized pumps or gold recovery systems if there is clearly no purpose to operate a suction dredge?  How about a motorized hookah system that does not have a pump attached to it?  That gear, without the rest of the essential gear to make up a dredge, does not amount to “suction dredging”.  How about a motor on a boat, ATV, electric generator, motor vehicle and many other devices that we may use to support dredging, or many other activities which have nothing to do with suction dredging?

Most telling about what the legislature’s intent can be found in Section 5653.5 of Fish & Wildlife Code:

5653.5. For purposes of Section 5653, “river, stream, or lake” means the body of water at the current water level at the time of the dredging.

We think this means that the focus of enforcement efforts will be use of motorized equipment to recover minerals in the water.  We have looked into what it takes for an individual to obtain water quality certification for “waste discharges” into the active waterway.  These processes were designed for meaningful discharges far in excess of what we do in small-scale mining.  The processes are time consuming, lengthy and expensive; something few, if any, casual users are likely to do.

In looking over the language of SB 637, we also noted the following language:

Section 13172.5 is added to the Water Code, to read:

13172.5. (c) (1) Before determining what action to take pursuant to subdivision (b), the state board shall solicit stakeholder input by conducting public workshops in the vicinity of the cities of San Bernardino, Fresno, Sacramento, and Redding. A regional board considering independent action pursuant to subdivision (b) shall solicit stakeholder input by conducting at least one public workshop in that board’s region. To promote participation in the public workshops, the state board or regional board shall proactively reach out to mining groups, environmental organizations, and California Native American tribes, as defined in Section 21073 of the Public Resources Code.

(2) Before taking a proposed action pursuant to subdivision (b), the state board or regional board shall conduct at least one public hearing regarding that proposed action pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).

(3) To avoid duplication of efforts between the state board and a regional board of a public workshop or public hearing that covers the same regional area, the state board and a regional board may work in collaboration to share information obtained through the public workshops or public hearing.

It seems reasonable to assume that nothing really changes until the California Water Board conducts some public meetings and consults with the small-scale mining community.  As far as I know, the State has not scheduled anything on this, yet. Therefore, in view of the uncertainty over how the State believes it should enforce SB 637, until we get written clarification from the State, we are making the following assumptions:

1)     We do not believe that the legislature intended to prevent all motorized mining-related activity within 100 yards of waterways (that are closed to dredging) just because many, many activities can be identified that have nothing to do with suction dredging, but which use some of the same or similar gear that dredgers use.  Existing 5653.5 defines suction dredging as something which takes place within an active waterway.  This is true.  I am not aware of any reasonable person who would suggest that something is really suction dredging if it is happening outside of an active waterway.

In my view, if the law is not going to be applied to sand and gravel plants that are doing large scale mechanized excavation of minerals, how can it be applied to recreational-scale miners that are using a small motor; but have no intention of suction dredging?  How about using a vacuum cleaner to suck the gold from dry cracks in exposed bedrock up out of the water?  There is no way a dry-vack can be used in the active waterway, right?

So for the time being, we will move forward on New 49’er properties with the assumption that SB 637 does not apply to any other type of the traditional prospecting activities we do that do not require a complete suction dredge.

2)    The new Water Code Section 13172.5. (c) (1) directs that they cannot move forward with any of the proposed actions pursuant to subdivision (b) until there is some coordination with the mining industry. Therefore, we are actively working on setting up an initial stakeholder meeting with staff from the California State Water Resources Control Board.

If the outcome from this makes it clear that New 49’ers should apply for a permit or waiver that will provide a water quality certification covering all the properties we manage, that’s what we will do.  We will keep you guys informed of the progress.

3)    Since SB 637 does seem to apply only to suction dredging, if you want to operate a suction dredge in California during 2016, I suggest it may be a good time to begin asking the U.S. Army Corps of Engineers or the California Water Board exactly what will be required of you to qualify for an individual water quality certification so that you can obtain a suction dredge permit.

It may be that there is little you can do, especially since both the Corps and the State have authority to grant state-wide or regional certification that applies to the times and places when suction dredging is allowed under California’s adopted suction dredging regulations.  My guess is that this will happen faster if everyone who wants to dredge in California sends a written query to:  State Water Resources Control Board, P.O. Box 100, Sacramento, CA 95812-0100.  “Dear Sirs, I understand SB 637 may affect my hopeful application to obtain a suction dredge permit in 2016.  Can you please provide me with details on how to proceed?”

Some New 49’ers and others within our dredging industry are already moving forward on obtaining individual water quality certifications or waivers in support of their suction dredging plans for the coming season.  As I mentioned above, different approaches are being used. Long time very supportive member, Steve Kleszyk, is very informed on this effort and is actively pursuing individual authorization (if required at all) to suction dredge on the Klamath river this season.  He has offered to provide opinions and assistance to anyone also wanting to get moving on this.  Steve can be reached at steve@goldgold.com. It may be a week or two after this mailing for him to have something worth passing on but he is working diligently to get the best possible answers according to his understanding.

The good news is that SB 637 may be the door to get hassle-free suction dredging going again in California.  Some more time and effort will bring us the answer to this.

Other Legal Updates

The Rinehart case is waiting for a Decision by the California Supreme Court.  You may recall that the California Third Appellate Court found unanimously for suction dredgers in Rinehart.  Several large-scale conservative natural resource advocate associations have supported our arguments to the California Supreme Court.  At the same time, several prominent anti-resource development organizations and individuals have weighed in against small-scale mining. This case is all about whether or not federal law prevents the State of California from imposing material interference upon mining or prospecting on the public lands.  It is perhaps the most important litigation concerning American mining in our lifetimes.

In a separate set of cases, we have switched gears into appealing San Bernardino Superior Court’s recent Ruling to deny any meaningful relief to suction dredgers even after the court has ruled and ordered that California’s suction dredge moratorium is unconstitutional. As you may recall, our initial Motion for a Statewide Injunction to prohibit California from enforcing the unconstitutional moratorium and return us to the earlier set of regulations that were legal was recently denied by the Superior Court of San Bernardino.  We believe that Ruling was flawed, and have now appealed to California’s Forth Appellate Court to get our motion approved.  As you will see from the link just above, our appeal is being bitterly contested by anti-mining activists.

And in a more recent, surprising development, the State attempted to criminally prosecute New 49’er members, Derek Eimer and Dyton Gilliland in Siskiyou Superior Court (suction dredging in California without a permit).  Our attorney, James Buchal, did a wonderful job motioning the Court to dismiss all charges. You can see all the arguments right here. The hearing (Motion to Dismiss) took place on 5 November.  Rather than dismiss the charges, the judge placed a Stay on any further attempted prosecution of suction dredgers in Siskiyou County until the California Supreme Court issues a Ruling in the Rinehart case.  The judge said she will sign an Order for a return of all equipment that was seized from Derek and Dyton by Department of Fish & Wildlife wardens as long as the dredges are not used in Siskiyou County until the case against them has been resolved.

So it would appear that the rights of suction gold dredgers in California will continue to hang in the balance until the California Supreme Court weighs in. Here is a link to a Summary provided by our attorney.

Judge Ochoa in San Bernardino will decide in a hearing on January 20th on the arguments by suction dredgers that the State of California did not follow the Administrative Procedures Act when they developed the 2012 suction dredging regulations.  Western Mining Association (WMA) deserves most of the credit for providing a really well done effort on this.  The outcome could affect the new water quality law in California (which is largely based upon the very same results which we are challenging). We are also motioning for the San Bernardino Court for Summary Judgment to declare that the second and third suction dredge moratoriums are unconstitutional, that the requirements of the first moratorium have been met — therefore requiring California to resume issuing suction dredge permits.

A group of mining associations, business, and individuals in Oregon have banded together and hired James Buchal (same attorney who has been representing us and others) to challenge Oregon’s 5-year suction dredge moratorium which is supposed to go into effect in January of 2016.  The case is so cut and dry on the basis of established federal law, the miners have asked the federal court for an expedited summary judgment in hopes of saving their 2016 season.  You can find the legal arguments here.

It will be interesting to see how the federal court in Oregon deals with the federal preemption argument.  Because, after 7+ years of getting the runaround by the State of California, I believe the time is about right to ask for some intervention by the federal court.

New Legal Fund Drawing

Gold and Silver EaglesThis is to announce the newest Legal Fund Drawing – which will be for 3 ounces of American Gold Eagles and 10 ounces of American Silver Eagles.  As most of you know, these Legal Fund drawings are how we generate most of the funds necessary to defend the rights of small-scale gold miners.

The drawing will take place at the close of business at New 49’er headquarters in Happy Camp, California on 26 February. You do not need to be a member of our organization to participate. You are welcome to be at the drawing, but you do not need to be present to win.

Our office will automatically generate a ticket in your name for every $10 legal contribution we receive ($100 will generate 10 tickets). There is no limit to the size or frequency of your contributions, or to the number of prizes you can win.

All contributions to The New 49’ers Legal Fund are tax deductible.

Once again; thank you guys very much for standing behind us! 

Purchase Tickets for the next legal Fund-raiser Drawing

  $10.00 each – Enter the number of tickets you wish to purchase into the quantity field then click “Update” before checking out. Our office will 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. Your contribution to The New 49’er Legal Fund is tax-deductible.
Updating The Billing System in our Offices

We have hired a specialist to resolve problems with our monthly and annual billing system.  The only way to know we have everything the way it belongs is to get feedback from members.  If your billing seems incorrect, please don’t hesitate to call Bonnie or Music in our office: 530 493-2012.

Sign up for the Free Internet Version of this Newsletter

We strongly encourage you to sign up for the free on line version of this newsletter.  The Internet version is better. This is because you can immediately click directly to many of the subjects which we discuss; because the on line version is in full color; because we link you directly to locations through GPS and Google Earth technology; and because you can watch the free video segments which we incorporate into our stories.  Actually, the video segments show the adventures better than we can write them!

Signing up also places you on our Political Action Team.  Things happen so fast these days; it takes too long to organize political action through the U.S. mail.  As an example, by contacting our supporters this way, in a matter of hours, we recently generated a large bundle of letters to the California Supreme Court. All of these future battles will be organized over the Internet since it is so much faster.  Please join us in the battle to maintain our remaining freedoms!

Sign up for our Free Internet Newsletter!

Note: You are free to unsubscribe anytime just by clicking a link if you decide to do so.

 

The New 49’ers Prospecting Association, 27 Davis Road, Happy Camp, California 96039 (530) 493-2012  www.goldgold.com

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New 49'er Newsletter

SECOND QUARTER, JUNE 2015                               VOLUME 29, NUMBER 6

Dave Mack

 

 Newsletter By Dave McCracken General Manager

 

 

 

virgin streambed chunky gold in sample pan

Not to get overly religious on you guys; but I have realized time after time in my own life experience that if your heart is in the right place, and you really need something important, and you put out just the right kind of hope and patience, the universe that we all share will reorganize itself and bring what you need right to you.  Sometimes it takes a while.  Sometimes my hopes come through almost immediately.  This is especially true in gold prospecting.

This story actually started late last season as we were going into our final Group Mining Project.  Early in the season, we had discovered a fantastic surface gold deposit on one of our newer mining properties, K-23AA, which is about nine miles downriver from Happy Camp.  The gold discovery was on the far side of the river.  You have to go to the places where you find the best gold.  So after many years of not using boats to support these projects, we pulled one of our large rubber rafts out of storage and got back into the business of transporting large numbers of members across the river.  The season worked out really well.  All of the participants seemed to enjoy the added adventure of a few rafting trips, in addition to working the high-grade gold deposit across the river.

That deposit sustained all of our weekend projects last season, in addition to all of the members who went over there to recover gold on their own.  But as the season was winding down, all of our loyal project helpers and I agreed that, while there was still plenty of gold there to support individual mining programs, we were going to need to find an entirely new gold deposit to support the weekend projects for this coming season.  We had no idea where we were going to turn that up.  I’m not sure about the others, but I put out a strong hope (some might call it a prayer) that something would turn up.

Dave & Alice

“Dave and Alice”

It was with that hope in mind during our final project last season that I spotted a man and woman couple excitedly showing off some gold in a bucket to others on the project.  I could see that something good was happening by the way others were gathering around.  I zoom right in on this sort of thing!  If somebody has discovered something good, I want to know about it.  Sometimes I refer to this as dialing in on the right frequency.

The members showing off the gold in their bucket were Dave Mackenzie and Alice Leverenz, both from Oregon.  They said the gold came from panning a single bucket of material from a new gold deposit they had located a little more than half-mile downriver on the very same claim. It was a lot more gold than the average material we were working during the project. They said the deposit appeared to be absolutely huge, and there was room there for everyone.  To top off the excitement, Dave pulled out of his pocket a bottle of beautiful nuggets they had found down there in their first sample hole near the river.

This is one thing about The New 49’ers that sets us apart from any other mining organization I have ever seen.  With very few exceptions, when our members make a new gold discovery, they share the news with others and excitement levels go through the roof.  I cannot even count the number of mini gold rushes we have generated over the years!  Perhaps this is because we have so much gold-rich property, members are confident that there is plenty of gold to go around.  Perhaps it’s the nature of our members and the combined culture we have developed to help each other out.  Our motto is “Miners helping miners.”

Assuming this was the answer to our hopes for a new location to do our Weekend Group Mining Projects in 2015, several of our project helpers and I made an appointment to meet Dave and Alice on the following day. Their deposit is also on the far side of the river from Highway 96.  The only way over there with gear is by boat or raft or some other floating platform.  We launched my jet boat from the developed river access on our Wingate property about a half-mile downstream from the new discovery.

Vack mining dreamAs they took the time to show us what they had found, they also told us of their personal story; a story which could prompt you to ponder the larger mysteries of fate and hope that affect each of our personal destinies. It turned out that they actually did not intend to sample in this new location at all.  Their vehicle had broken down alongside the highway. It was going to take a week for the parts to arrive.  Since they were not going anywhere, Dave lowered his raft and prospecting gear down the embankment and decided to make the best use of his time prospecting on the far side of the river.  He was rewarded with good gold in his very first pan!  Then he just kept on going, only to realize they had discovered a rich gold deposit by accident – and already arrive at the place they really wanted to be!

There is a good lesson in this.   No matter how big the problems are that you are confronted with, there is usually a good opportunity in there somewhere if you just look for it.  I can look back at the most difficult times I have experienced in my life; and now that I am beyond them, I realize how lucky I am that things happened the way they did.

Here are some video segments that I captured while Dave and Alice were showing us their discovery:

“This is gold Alice panned out of the leaves on the ground!”

“This is gold Alice panned out of the leaves on the ground!”

Just as Dave and Alice had told us, the size of this gold deposit is enormous.  There is a very wide section of mostly exposed bedrock that extends from the river about a hundred feet or more to a very long section of what appears to be original streambed.  By that, I mean streambed material which has never been mined before.  Samples from the cracks and irregularities in the bedrock are producing excellent panning results.  This place is a vack-mining heaven!  There are also places down closer to the river where shallow layers of hard-packed streambed are overtop of cracks in the bedrock that contain very exciting gold nuggets.

I am personally experiencing a lot of enthusiasm over the virgin streambed material.  That’s where Dave and Alice were recovering the most gold for their effort.  I could see a distinct layer change there which is certain to concentrate gold.  Alice showed us a single pan with a nice display of gold she said she panned just out of the debris on top of the ground!

Dave and Alice made it very clear that they had no problem with us running the group projects in this new discovery.  So our prayers had been answered this time with almost no delay.  Is that cool or what?

Virgin streambed (2)The problem is that this new discovery is in a rather difficult location to gain access with large numbers of people.  There is plenty of parking and a rather easy trail from Highway 96 located about a quarter-mile upriver from the deposit.  There is a set of rapids between the trail and this new discovery.  So while we could transfer people down to the deposit with our large rubber raft, we were not going to be able to get the raft back up through the rapids using its own small outboard motor, even without passengers.  There is a trail on the far side of the river.  But it’s a long way to walk at the end of a hard day of mining.  Anyone who has participated in these projects will tell you that we work pretty hard on Sunday morning, especially when we see how the gold is adding up!  So walking out of there is not a great option.

We have learned over the many years that it is better to find the balance between working hard to recover as much gold as possible, while not killing off the participants.  My helpers all agreed that the long trail on the far side of the river was going to be asking too much for some people.  So we put our heads together on coming up with a plan to move everyone by rubber raft through two sets of rapids on both days of the project.  This is something we have never attempted before.

Before I go further into the story, I want to introduce an important new member of our team, Shawn Tilton.  Shawn has a vast background in many areas, but he actually arrived in Happy Camp with the purpose of creating a New 49’er Facebook page to capture the day-to-day excitement for the whole world to see.  Shawn has a lot of filming and editing experience.  He is working closely with our new office manager, Tony Balderrama, who also has a very strong background in the ever-changing developments in the high tech world of social media.  You can find our New 49’er Facebook page right here:  https://www.facebook.com/pages/The-New-49ers-Prospecting-Association/1396597950668824   Please take a look.  This new program was only started about two weeks ago, and we believe you will be impressed at our progress.  We hope you will “like” the page and help us spread it around. Once we gain some steam, Shawn intends to put fresh material up every day; gold prospecting developments and adventures you would never know about unless you were part of the ongoing action.

Shawn

Shawn

Here is a video segment I captured with a short introduction to Shawn, since you will probably be seeing him on the scene if you visit Happy Camp this season.  Shawn was present last week while we were out reconfirming the gold deposit on K-23AA.  We were also working out how to move large numbers of people on the river without it taking too much time away from our mining project.  All video as we go forward will be material which Shawn captured and edited together. Note that Shawn increases the video speed in places to allow more emphasis on the important parts without taking up too much time. It’s pretty cool!

Before we even began working out the transportation challenges, John Rose, Rich Krimm, Derek Eimer, me and several others returned to the new discovery point on K-23AA.  Other members were in the area, but nobody was working the place where Dave and Alice left off last year.  Just to be certain the gold was there, Rich took one pan of material from the deeper, darker brown layer, and I took one pan from the lighter brown contact zone just above.  The pans were not full.  But they had enough material to confirm (or not) what Dave and Alice had showed us last season.

Rich was first to finish his pan.  The gold he found surprised Rich so much that he ordered Shawn to turn the video camera off.  Ladies and gentlemen, that’s called gold fever!  Shawn complied with Rich’s demand, so unfortunately we did not capture Rich’s pan to show you.  All I can say is the result was outstanding.  My smaller pan result was just as good as Rich’s in proportion to the smaller volume of material that I sampled.

Craig Colt

Craig Colt has returned!

That’s all we needed to see.  This new gold deposit is a huge gift that we never expected.  The area is so large, as far as I was concerned; all of this year’s Weekend Group Projects are going to be a success.  Everyone out there agreed.  The following video sequence captured a lot of the action:

A few days later, I got the word that one of our more experienced members went down to our discovery and only found very little gold out of a full bucket of material.  That was quite a shocking report!  There have been times in the past where I made an initial discovery of really good gold, only to realize after I moved all my gear there that the gold in my initial sample was the only gold present. It’s one thing if I make this kind of mistake on my own.  It’s quite another thing to bring a large group of people to a place where we are not going to recover much gold — especially since I am the one who has to split the gold up at the end of the project!

So as to not take any chances, me and our sampling crew found ourselves back out on the river to reconfirm the gold deposit once again.  This time, we were joined by Craig Colt.  Craig was one of the key players in all of our weekend and weeklong projects for many years.  He is a very well-respected gold prospector who is now coming out of self-imposed retirement in hopes that we will have a dredging season this year.  I expect we will be seeing more and more of our longtime, experienced members on the river if we get dredging back.  I even heard Otto Gaither may return. Oh my! 

Craig and I both took a pan of material from the contact zone at the initial discovery point, and all I can say is that the gold is fantastic!  My pan had nine nice-sized flakes of gold and at least 100 colors.  Craig’s pan produced a similar result.  Here it is on video:

Dave's sample from a single pan

This is from a single pan of the pay-dirt!

When we returned to the boat, John Rose was relaxing there in the warm summer sun with a big grin on his face.  We were all excited to show him what we found.  Without even looking at our pan, he laughed and said, “I’ll bet I got more than you did!”  And he was right; he had a lot more gold than Craig and I recovered combined.  And that was just out of a third of a pan of unscreened material that he dug out of a bedrock crack next to the boat.  Man, this K-23AA is rich!  Shawn captured the moment on video:

Sampling team

“This deposit is rich!”

Now, with 100% certainty about the gold deposit, we switched gears into the challenge of moving large numbers of people on the river.  By large numbers, I mean we are expecting at least a hundred members to participate in this weekend’s project.  That’s a whole lot of people to move around on the water!

So we came up with the idea of using my jet boat to tow one of our large rubber rafts.  We needed to see if we could pull it fast enough to get it up on a plane and through a set of pretty fast rapids.  We have never tried this before.  My first idea was to tie the raft as close as possible to the jet boat so we could direct the jet blast under the raft to help pick it up.  This first experiment worked. Getting up through the rapids was easy, even with two guys riding in the raft.  The problem was when I needed to turn the boat; the jet blast was directed right over the side of the raft and almost filled it with water in just a few seconds.  We all got a good laugh out of that.  Shawn caught it all on video:

From there, we did several experiments pulling the raft further and further behind the jet boat.  We finally discovered the right distance and realized that not only could we pull the boat up through a set of rapids, but we could do it with passengers aboard.  So we took it to the next step and added the smaller outboard motor to the raft; the one we normally use to maneuver the raft around on the river.  That improved our new ferry system so much that we scattered out across K-23AA to find all the members who were working out there for a test run on the river.  The idea was to use the large raft to launch and recover people without disconnecting the jet boat.  We got it right on the first try!  Shawn was right there with the video camera:

Dave Mack in the boatAfterwards, we realized that with a little creative carpooling at the beginning of the day, we can park most of the vehicles down at the Wingate River Access and ferry people downstream from the work site at the end of our day.  That will make the process go faster.

There is a longer video segment Shawn put together on our facebook page that shows all the action spliced together with interesting parts which were not included above.  Please remember to “like” our page so we can spread our adventures around to others who might take an interest.

This is all something new:  We have worked out a system of moving large numbers of people through difficult river conditions to gain access to and from perhaps the largest and richest gold deposit we have ever discovered during thirty continuous years of prospecting along the Klamath River in northern California.  The proof will be this coming weekend during our first project of 2015.  Watch for how it turns out on our Facebook page and in next month’s newsletter.

Suction Dredging Situation for 2015 Season Should be Decided on June 23rd!

Superior Court Judge Ochoa has set a hearing date for 23 June in San Bernardino for our motion for relief from the Department of Fish & Wildlife’s (DFW’s) continued enforcement of the unlawful moratorium on suction dredging for gold in California.

In an effort to get the matter resolved more quickly, several suction dredgers on the Klamath River refused to sign the promise to appear portion of the criminal citations they were being issued (“unlawful dredging”), opting instead to be arrested.  Ultimately, one of those very courageous guys ended up in jail with The New 49’ers Legal Fund hiring James Buchal to represent him.  That hearing in front of a Siskiyou County judge was to take place within 48 hours.  Mr. Buchal was motioning the Court to dismiss all charges, order a return of all seized equipment, and order DFW to not bring any further dredging cases in Siskiyou County.  Had we got our day in court, this seemed like it would have been a slam-dunk for our side.

What we had not planned on was that the Siskiyou County jail is completely full of people either arrested or serving time for felony convictions.  Our local sheriff Lopey was objecting strenuously that in order to incarcerate a suction dredger for a rather minor misdemeanor, he was going to have to release a hardened criminal back onto the streets.  This all caused quite a stir at the jailhouse in Yreka while all the key players were trying to figure out what to do.  Ultimately, according to my limited understanding, the District Attorney decided to defer the charges (or something like that) and let the dredger out of jail with no agreement that he appear in court at any later time.  Once the dredger was released, the required 48-hour hearing in front of a judge was lost.  So it was kind of like being arrested and let go.  What can I say; it’s California.

Therefore, it appears that the earliest chance we will have to get hassle-free suction dredging restored in California is on June 23rd.  Yes; I know there are some very important due process issues in play here.  We have considered all possible options, and have decided that our best course of action is to wait it out a little longer and place our hope for a 2015 dredging season with Judge Ochoa.  He knows more about our plight than any other judge in the country.

Several dredgers have signed a promise to appear (for “unlawful dredging”) in Siskiyou County on 9 June.  I’ll be surprised if the State moves ahead with that, but we shall see.

Update note: We went to court on June 9th, and the names of the two dredgers were not even on the docket, so the court clerk wrote them in by hand. When it was their turn in front of the judge, they were informed that no criminal case against them had been filed with the court. The dredgers asked if the judge could help them with a return of equipment which the wardens took from them. The judge’s answer was that his hands are tied until a case is brought in front of him, which he did not believe was likely to happen. The judge explained that the State has up to a year to file a criminal case on a misdemeanor. So it would appear as though the State can rob you of your possessions with impunity for up to a year if they suspect you are guilty of a misdemeanor — or they just want to punish you!

You would not have to look much further than this to wonder why rioting in the streets is on the increase!

The only remedy is to file a civil lawsuit; but judge Ochoa has instructed us to not do that. So we are crossing our fingers for June 23rd in San Bernardino.

We filed our opening salvo in San Bernardino on May 18th.  The relief we are asking for is to return to the 2009 suction dredge regulations which were in affect at the time that the unconstitutional moratorium was imposed upon our industry – and stick with those until they can be updated in a way that does not break the law.  You can find the documents we filed right here:

Shortly after we filed these documents, the State filed something with the Court that appeared to argue that judge Ochoa could not return us to the 2009 regulations because the CEQA (California Environmental Quality Act) process they used to enact the (illegal) 2012 regulations was followed properly. In turn, The New 49’ers and PLP filed a joint response demonstrating conclusively that the State’s process did not even come close to following the law. I suggest you read this document, because it is very reveling about who and what we are up against.

Since the Court in San Bernardino will likely decide the immediate fate of suction dredging in California on 23 June, and we will not publish another newsletter until a few weeks later, for updated news, I suggest you “like” our Facebook page (link above) and/or join our free Internet chat forum.

Meanwhile, just in case you do not know, this ongoing conflict with the State only affects motorized suction mining within 100 yards of 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, electronic prospecting and other types of prospecting that do not use a suction nozzle within 100 yards of an active stream, river or creek. It also does not affect our Group Weekend Projects.

To continue prospecting the bottom of active waterways, some members have converted to underwater crevicing, using the hookah and pump from their 5 and 6 HP motors on floating platforms to provide air for breathing and a jet of water to help move material out of the way, thus coining the new method as “underwater blow mining.”

There are no seasons imposed upon these other types of mining activity. In other words, you can do them at any time of the year.

Don’t Forget About Our Ongoing Legal Fund-raiser!

I am very pleased to announce that Garrett Metal Detectors is generously supporting this next fund-raiser with their brand new top-of-the-line ATX pulse induction gold detector.  That is a $2,500 machine!

Garrett is also donating a refurbished AT Gold metal detector as a second prize (“refurbished” means the unit was used as a demo at a trade show, but never used in the field, and then put back through quality control and repackaged in new condition). This is an $800 machine!

These are both fantastic gold machines which can actually be taken underwater to shallow depths!

The drawing will also include 20 American tenth-ounce American Gold Eagles.

The drawing will take place at our Saturday evening potluck on June 27. You do not need to be a member of our organization to participate. You are welcome to be at the drawing, but you do not need to be present to win.

Having said all that, I am starting to get concerned that the drawing date is fast approaching, and The New 49’er Legal Fund has only brought in enough contributions so far to about equal the value of the prizes. It is less than a third of what the Fund brought in on the previous legal fund-raiser.  We know you guys out there support our efforts or we would have not been able to get as far as we have on the legal front.  Right now, we are closer than we have been since 2009 to getting legalized gold dredging returned to us in California.  This is just a reminder that the very hard push we are making at the moment is costing a lot of money.  Please get behind us on this as much as you are able.

Our office will automatically generate a ticket in your name for every $10 legal contribution we receive ($100 would generate 10 tickets). There is no limit to the size or frequency of your contributions, or to the number of prizes you can win. Look for our new Paypal contribution link here.

Remember, all contributions to The New 49’ers Legal Fund are tax deductible.

You can find out more about The Legal Fund’s ongoing fund-raiser by going right here.

Once again; thank you guys very much for standing behind our efforts!

Join us for our Weekend Group Mining Projects This Season!

There is a learning curve to successful gold prospecting.  One of the most effective methods of progressing through the learning curve is to go on prospecting adventures with others who are more experienced than you.

Our 2-day Group Mining Projects are one of the primary benefits of New 49’er membership which set us apart from other mining associations.  All weekend events are free to Full & Associate Members.

Schedule of 2015 Events: June 6 & 7; June 27 & 28; July 18 & 19; August 8 & 9; and August 29 & 30.

Schedule of Events

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We strongly encourage you to sign up for the free on line version of this newsletter.  The Internet version is better. This is because you can immediately click directly to many of the subjects which we discuss; because the on line version is in full color; because we link you directly to locations through GPS and Google Earth technology; and because you can watch the free video segments which we incorporate into our stories.  Actually, the video segments show the adventures better than I can write them!

Signing up also places you on our Political Action Team.  Things happen so fast these days; it takes too long to organize political action through the U.S. mail.  As an example, by contacting our supporters this way, in a matter of hours, we recently generated a large bundle of letters to the California Supreme Court. All of these future battles will be organized over the Internet since it is so much faster.  Please join us in the battle to maintain our remaining freedoms!

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The New 49’ers Prospecting Association, 27 Davis Road, Happy Camp, California 96039 (530) 493-2012  www.goldgold.com

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Dave Mack

“Motion to the Superior Court of San Bernardino to Prevent California from Enforcing its Unconstitutional Moratorium upon Suction Dredging and Return to the 2009 Regulations until they can be Updated in a Way That Does Not Break the Law.”

Please make a donation to our Legal Fund.

Update as of 19 May:

Judge Ochoa of the Superior Court of San Bernardino has now issued an Order which confirmed his earlier Ruling that California created an unconstitutional “scheme” of first enacting Section 5653 of the DFW Code which requires suction gold dredgers to obtain a permit from the State, and then enacting Section 5653.1 which prevented DFW from issuing any suction dredge permits.  His Order and Ruling declared that both the State’s recently-adopted 2012 dredge regulations and the moratorium preventing the issuance of permits are unconstitutional, illegal and unenforceable.

This was a huge win for our industry!

This Ruling has prompted some people, particularly along the Klamath River in northern California, but also in other places, to resume gold dredging operations.  But the Department of Fish & Wildlife (DFW) has continued to enforce the unconstitutional moratorium.  DFW wardens initially were out on the river generally harassing dredgers about breaking the law. They have written some criminal citations.  They even seized some equipment.  That prompted The New 49’ers a few weeks ago to file for an immediate injunction in Siskiyou County Superior Court to force DFW to stop enforcing a moratorium that has already been found unconstitutional by the California court system.  Had we got our day in court, this seemed like it would have been a slam-dunk for our side!

But the State’s attorneys scheduled an immediate hearing in front of the San Bernardino Court, requesting that our motion for an injunction be stopped in Siskiyou County because the California Judicial Council has decided that all suction dredging cases be consolidated and resolved in front of Judge Ochoa.  Judge Ochoa agreed, and a hearing date for our motion for relief from DFW’s unlawful actions has been set for 23 June in San Bernardino.

Meanwhile, in an effort to get the matter resolved more quickly, several suction dredgers on the Klamath River refused to sign the promise to appear portion of the criminal citations they were being issued (unlawful dredging), opting instead to be arrested.  Ultimately, one of those very courageous guys ended up in jail with The New 49’ers Legal Fund hiring James Buchal to represent him.  That hearing in front of a Siskiyou County judge was to take place within 48 hours.  Mr. Buchal was motioning the Court to dismiss all charges, order a return of all seized equipment, and order DFW to not bring any further dredging cases in Siskiyou County.  Had we got our day in court, this also seemed like it would have been a slam-dunk for our side!

What we had not planned on was that the Siskiyou County jail is completely full of people serving time for felony convictions.  Our local sheriff Lopey was objecting strenuously that in order to incarcerate a suction dredger for a rather minor misdemeanor charge, he was going to have to release a hardened criminal back onto the streets.  This all caused quite a stir at the jailhouse in Yreka while all the key players were trying to figure out what to do.  Ultimately, according to my limited understanding, the District Attorney decided to defer the charges (or something like that) and let the dredger out of jail with no agreement that he appear in court at some later time.  Once the dredger was released, the required 48-hour hearing in front of a judge was lost.  So it was kind of like being arrested and let go.  What can I say; it’s California!

Therefore, as it is now, it does not look like there are any civil or expedited criminal remedies available to us in Siskiyou County to get this rogue agency off our backs.

Yes; I know there are some very important due process issues in play here.  We have considered all possible options, and have decided that our best course of action is to wait it out a little longer and place our hope for a 2015 dredging season with Judge Ochoa – who knows more about our plight than any other judge in the country.

Several dredgers have signed a promise to appear (for unlawful dredging) in Siskiyou County on 9 June.  I’ll be surprised if the State moves ahead with that, but we shall see.

We filed our opening salvo in San Bernardino yesterday (May 18th).  The relief we are asking for is to return to the 2009 suction dredge regulations which were in affect at the time that the unconstitutional moratorium was imposed upon our industry – and stick with those until they can be updated in a way that does not break the law.

I am following with the key moving documents, the proposed Order, supporting Declarations, including several which provide an abundance of science to support our position.  The links begin with a letter to the judge explaining that his decision to prevent civil relief in Siskiyou County has prevented suction dredgers from access to any timely due process to prevent the continuing unlawful conduct of DFW. You can see that we are really making our strongest effort to regain hassle-free suction dredging in California this year:

Letter to Court from James Buchal

 

Notice of Motion for Injunction

Memorandum in Support of Motion for Injunction

Request for Judicial Notice

Declaration of James Buchal

Petition for Administrative Rulemaking

 

Proposed Order from the Court

 

Declaration of Dave McCracken

Declaration of Richard Krimm

Declaration of Claudia Wise

Claudia Wise Summary of Experience

Declaration of Joseph Greene

Joseph Greene Summary of Experience

Siskiyou National Forest Suction Dredge Study

Declaration of Thom Seal

Declaration of Eric Maksymyk

Declaration of Derek Eimer

Declaration of Steve Kleszyk

Declaration of Chad Stanford

Declaration of Robert & Anna Sonnenburg

Declaration of Mark & Elizabeth Cutler

 

Here follow the State’s primary Opposition documents to our motion for an injunction:

Defendant’s Opposition to Injunction

Defendant’s Objections to Miners’ Evidence

Declaration of Stafford Lehr

 

Here follows a link to the very substantial Opposition filed by the Karuk Tribe and their anti-mining allies. Note that the actual Opposition brief is the 28-page document towards the bottom.

 

Here follows the New 49’er and PLP Joint Reply documents to the State’s Opposition:

Reply to DFW Opposition to Injunction

Reply to Karuk Opposition to Injunction

[Proposed] Order Granting Injunction

Scientific support:

Declaration of Joe Greene

Declaration of Claudia Wise

Declaration of Thom Seal

Declaration of Eric Maksymy

Situation on the ground:

Declaration of Dave McCracken

Declaration of Dyton Gilliland

Declaration of Stephen Jones

Declaration of David Guidero

 

Transcript of Injunction Denial

 

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