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MINERS ALERT! DEQ comment conference, CHAT ROOM CONFERENCE MEETING
CP
post Feb 25 2005, 12:40 PM
Post #1


Master Mucker!
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From: Colorado
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All interested miners!
Concerning the Oregon DEQ permit proposal.

I have been in touch with Mr. Cooper (professional planner/consultant) who has agreed to discuss his comments to the Oregon DEQ proposal with anyone who would be interested.
This conference was scheduled for tonight at 7:30 pm by phone but has been rescheduled for Wednesday in the CP chat room.

Date is Wednesday March 2, 2005
Time 7:00 pm PST
Location: CP's Chat

Just sign in with a name. (Free)
Once you’re in the main chat room you will then see a button for additional rooms. The conference will be held in the “Conference Room”.
Just click the room button and then double click the “Conference Room”.
For those of you who are familiar with the CP chat, you can also move from one room to another through the control panel. (Third button from the right under the text-typing box)

This will give everyone time to use this valuable information from this conference for his or her own comments.
We can email copies of the transcript by request.

Stop by ahead of time and get familiar with the controls for the room.
Make yourself right at home.
Everyone is welcome!

Dan-CP

This post has been edited by ColoradoProspector: Mar 1 2005, 09:55 AM


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CP
post Feb 27 2005, 07:12 PM
Post #2


Master Mucker!
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Dan Cooper sent this to me today and asked that it be posted.
Names have been edited for their privacy.
This will be the gist of Dan's comments which will be explained on Wednesday evening with more details.

402 is inapplicable.......

Quoting Question sent to Dan Cooper.
QUOTE
Subject: NPDES permit vs State permit
Date: Sat, 26 Feb 2005 09:11:04 -0800

Hi Dan;

Yesterday I got a phone call from our State Representative. 
He had Holly XXXXXXXXXXXXXX of DEQ in the room with him on the speaker phone.

We talked about the permit.... and have reached a point where DEQ wants to
know if the miners will accept a NPDES permit or not.

If "no", then DEQ will halt work on the proposed permit... and may or may
not work on a State permit.  This would leave us with no permit for this
coming summer.  If we are correct that we do not need a NPDES or any other
CWA permit, then we should(?) be safe from 3rd party suits.  If we are
wrong, we run the risk of getting sued by greenies.

If "yes", then DEq is now saying they could change the ammount on the fees
(down to say $50/day for a permit violation, $500 for an intentional
violation).  They are talking about no turbidity restrictions on 4" dredge
and smaller... and larger than 4" would be held to 1800 NTUs over a 30 day
period figured at 10 NTUs 6 hrs. per day for 30 consecutiive days.

My Representative wants me to contact him Monday afternoon with an answer
concerning whether or not the miners will accept NPDES or not.  I may have
to go to Salem for a meeting with him and DEQ Tuesday depending on the
answer.

At this point, I need to know as clear as possible whether we legally need
a NPDES or not.  Any help you can give me in the next day or so would be
greatly appreciated.

Thanks Dan,

Tom XXXXXXXXXXX



Here is Dan's response until he can explain more at the meeting Wednesday.
You will still have two days after the meeting to get your comments in.



QUOTE
    After extensive research, I have found that you (Tom XXXXXXXXXXXX) are
correct; ODEQ cannot prepare, acquire, or require, an NPDES Program Permit
or NPDES Permit for suction (vacuum) dredging; not State and not Federal! 
The exemptions in the applicable statutes and the applicable regulations are
clear; suction dredging is not administered under sec. 402 but, instead,
exclusively under sec. 404 of the CWA, as amended.  It will take a few days
to write my findings up.  Be patient; please!  You may, however, submit this
conclusion to ODEQ, at this time.

    The miners cannot accept an NPDES Program Permit because an NPDES
Program Permit cannot be applied to suction dredging.  Nor, would one (an
NPDES Program Permit and regulations promulgated thereupon) be of any use to
the ODEQ for they would be avoidable as a miner does not have a duty to
comply pursuant to 40 CFR s 122.21(a).  Even more profound, (because
suction dredge operations are small businesses), the Draft ODEQ Regulations,
as proposed by ODEQ, are avoidable because they are preclusive; (see 40 CFR
part 21).  Probably the greatest obstacle to the Draft ODEQ Regulations, as
proposed by ODEQ, is the fact that they were driven (created and caused) by
entities and individual officers who have clear conflicts of interests. (See
40 CFR s 233.4 and  40 CFR part 25)  This is strictly forbidden. 
Dan Cooper


CP


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CP
post Mar 1 2005, 09:53 AM
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Master Mucker!
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I must correct myself here folks, sorry......
I refered to Dan incorrectly as a "legal consultant", Dan sent me clarification this morning.
Sorry Dan for the mistaken title.
QUOTE
Since I am not an attorney this is an
inappropriate title.  I am a professional planner or a planning consultant. 
Please use these titles.


I will also edit the previous posts to reflect this.

Dan also informed me that the comments from EAJ, which he prepared will be posted today as well, so we will be able to review them ahead of time.

Thank you to EAJ and Dan, we all appreciate your efforts.

CP


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Denise
post Mar 2 2005, 02:34 PM
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It has been decided that the main room in chat will be used as it will be easier for everyone to find.
Again here is the link to
CP's Chat
We hope to see you there.

Walt Eason President of Equal Access to Justice. Inc. has posted their comments here.
Walts Comments


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thegeno
post Mar 3 2005, 04:10 AM
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I must apologize for missing the conference. I fell asleep. 10pm is is just a bit late for me. I guess Im getting too old for staying up late.
I hope things went well for everyone. Is there any possibility of getting a copy of the print-out? Thanks
geno
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russau
post Mar 3 2005, 04:59 AM
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my wife got on the putor when i answered the phone and .......well you know what happens then! i feel asleep after a hour of waiting. i sure this was a success.
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Coalbunny
post Mar 3 2005, 08:10 AM
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I was there for a little bit before the meeting "started" and then left since I had another meeting elsewhere. Came back about 9ish and didn't hang around. I had no idea what they were saying and I figured I'd get in the way once I started asking. It sure looked like Dan had everything under control.
Carl


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russau
post Mar 3 2005, 11:42 AM
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i just printed out the 37 pages of text of the confrence and am starting to go over them.
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CP
post Mar 3 2005, 12:25 PM
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Thank you everyone, we had a very successful meeting last night.
We covered many topics and everyone learned a little bit.

We had 28 miners in the meeting at one point and there were several more who filed in and out as the three hour meeting progressed.
This was an excellent power meeting.....If you couldn't make it but would like to have a copy of the transcripts.... email a request to meeting@coloradoprospector.com and we'll send out a copy for you. File is only 111 k for the entire meeting.
Good read with lots of good comments in it.

The meeting went so well that we will be holding more in the future..... :)
Topics will be determined for each meeting which may be current issues or discussions on? The possibilities are endless....... :D

Once again THANK YOU everyone!

Those of you who missed it.......YOU WILL WANT TO START ATTENDING THESE!
There was an awesome group of miners attending! :D
Great job everyone!

CP


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Redpaw
post Mar 3 2005, 03:08 PM
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Fantastic Job to Dan & denise last night and into the future with their meetings, I was proud to be there and learn from pros.

The transcripts can be text re-sized to a smaller font very easily and use alot less paper. Just click the "View" tab at the top of the open document and set the font size to a smaller setting.

I'll be more than willing to be a part of learning and discussions in the CP Chatroom concerning issues of education and recreation, please feel free to come together as a group and help join D&D with their ideas.

We can all benefit, last night we all learned and we all saw that we are on the same page for sharing and communicating.

Redpaw


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russau
post Mar 3 2005, 04:51 PM
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russau
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i agree with dave! dan and denise did a great service for all last night! thankyou!
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thegeno
post Mar 4 2005, 04:37 AM
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Yep, D&D are all over it!.. great job guys.
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Denise
post Mar 4 2005, 09:10 AM
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Thanks! We are just trying to provide what we can for resource to help.

If you havent gotten in your response yet...You still have time... Today is the last day.
Send it to manzano.scott@deq.state.or.us


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Discover your prospecting independence & success!

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CP
post Mar 17 2005, 10:25 AM
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Master Mucker!
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We will have another meeting covering this topic on 3/21/05.
Join us at 7pm MST in the Miner's Conference Hall

Hope to see everyone there.

CP


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MINERS MAKE "IT" HAPPEN!!


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Denise
post Mar 21 2005, 07:39 AM
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Master Mucker!
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We have had alot of folks request to discuss this topic further.
We know this will be another great conference. See you tonight. :)


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Education is the key to the future,
and participation opens the door to opportunity.

Discover your prospecting independence & success!

ColoradoProspector.com

Owner/Webmaster
Core team member

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