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Au Seeker

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Au Seeker last won the day on July 26

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About Au Seeker

  • Birthday 06/23/1956

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  1. I got the latest PLP monthly New Letter a day or so ago....going to copy and paste it here. " August 2021 Many people have requested we offer our opinion of the June 4th Clean Water Act Federal decision in ICL v. Poe The Idaho Conservation League (ICL) filed a lawsuit against gold miner Shannon Poe three years ago under the citizen suit provision of the Clean Water Act. On June 4, 2021, Idaho district court magistrate Justice Bush ruled that defendant Shannon Poe had violated 42 counts of the Clean Water Act while suction dredging in Idaho in 2014, 2015 and 2018. The maximum each pre-2016 count carries is a $31,000 per day fine and post-2016 counts carry a $51,000 per day fine. The penalty or "bifurcated" part of the decision will be handed down sometime after March 2022. Some quotes from the court documents: ICL further notes that your past and ongoing violations of the Clean Water Act are willful, knowing, and deliberate. Indeed, it could reasonably be said that Mr. Poe was intentionally advertising to the world not just the fact of his prior suction dredging activities, but also the fact of his intended future suction dredging activities. The allegations within ICL's Complaint adequately allege a sufficient injury in fact and, in turn, the allegations sufficiently trace the injury to Mr. Poe's challenged conduct. The alleged injury is redressable by enjoining Mr. Poe from violating the CWA and imposing civil penalties as a deterrent. Finally, in either enjoining Mr. Poe from future discharges into the South Fork Clearwater River without an NPDES permit or imposing civil penalties on Mr. Poe, ICL has demonstrated that a favorable decision would redress its injuries. *Defendant Poe establishes that suction dredge mining in general and, certainly recreational suction dredge mining, is a "discharge of dredge or fill material." See: Defendant Shannon Poe's Motion for Summary Judgment Page 2, ¶ 3. (Emphasis added by PLP) NOTE: Additional quoted evidence established or admitted in the case which led the judge to his decision are at the end of this letter. Defendant Poe waived his right to trial and chose the path called motioning for summary judgment. This path is common when both sides of a lawsuit agree to the facts of a case but dispute how the law is interpreted or enforced, and this shortcut is generally favored as a savings of the cost to litigate a controversy. Waiving trial in favor of summary judgment was not a wise choice by defendant Poe. *To his own detriment and our astonishment, defendant Poe established in his own motion for summary judgment that he is (in fact), a discharger of pollutants which concurs with ICL's position. What Poe may not have known is that both 40 CFR 232.2 (EPA) and 33 CFR 323.2 (Army Corps) jointly share the same definition of the term "discharge" of material defined as the addition of such materials to the waters of the U.S. That is why Justice Bush noted in his decision that: "Neither ICL or Poe disputes that the material passing through Mr. Poe's suction dredge and into the South Fork Clearwater River falls within the definition of a pollutant under the CWA." Mr. Poe tried to make a no addition argument but in the eyes of the law he had already legally canceled it out by accepting and setting forth that he was in fact a discharger under the Army Corps regulatory authority. Had defendant Poe not waived his right to trial and gone to trial like the PLP assisted line of cases (Godfrey and Osterbrink), and shifted the burden of proving discharge to the ICL or government, the outcome should have been favorable to defendant Poe. Unfortunately, that did not happen because Mr. Poe did not wish to go to trial and dispute the fact that he was or was not a discharger. Mr. Poe has publicly stated that the American Mining Rights Association (AMRA) is prepared to fight the Judge Bush decision against himself as president of AMRA and fight it hard. Unfortunately and technically speaking, the fight is over and the case has entered a "bifurcated" penalty phase (through March of 2022) -- which is a fancy way of saying the legal process is now looking in to the defendant's ability to pay the judgment. The scope of this discovery in the penalty phase will go into potential self-dealings to find "the effects Mr. Poe's dredging had on the South Fork of the Clearwater River, the economic benefit he gained (i.e gold), his history of violations (like paying off the Forest Service violation fines in 2018), his efforts or lack of efforts to comply with the applicable requirements and the economic impact of a civil penalty on him." See: Joint status report and stipulated litigation and discovery plan filed June 21st, 2021. The road ahead for Mr. Poe is going to potentially cost in the millions of dollars when one factors in the 42 counts, potential punitive damages, and attorney fees from the ICL. And yes, the Poe and AMRA funding for this bad precedent will go directly into the ICL coffers to put more miners out of business. What about an appeal? A do over at the appeals level would not be fruitful; and cannot cure the fact defendant (Poe) admitted and set forth that he was a discharger and polluter under the CWA. Also, appealing the case would inflict damage outside Idaho and set bad precedent for all the western states regarding suction dredge regulation. On a final note: The June 4th ICL v. Poe decision has seriously maimed, if not killed the efforts on negotiated rule-making for suction dredging regulatory relief at the Idaho state legislature. PLP researchers in Idaho are hopeful positive engagements can resume. It has become obvious through the actions that led to, and the course of this lawsuit, that AMRA's path is not compatible with PLP's. There are proper legal and legislative routes for protesting over-regulation that AMRA needs to support -- but supporting ICL v. Poe is not one of them. PLP cannot support self-admitting polluters when their purposeful actions hurt the entire mining community. -Your PLP Board of Directors The original. No compromise. Standing 31 years strong for Multiple Use on Public Land "RIGHTS"! Here is additional quoted evidence established or admitted in the case which led the judge's decision: "14. From July 14, 2014 to August 15, 2014 (the 2014 dredge season), Mr. Poe operated a suction dredge and discharged sediment and/or other pollutants into the South Fork Clearwater River on more than one day. See id. at ¶55. Mr. Poe admitted to dredging on Idaho rivers in 2014, including 13 days on the South Fork Clearwater River in online posts. See id. at ¶57. On August 16, 2014, Mr. Poe wrote an online post, recognizing the necessity of obtaining an NPDES permit and his defiance to do so. See id. at ¶59. 19. In August 2015, Mr. Poe admitted dredging on the South Fork Clearwater River in an online post. See Compl., ¶62 (Dkt. 1). In August and September 2015, Mr. Poe made several online posts discussing standing up to the EPA and the Forest Service while dredging. See id. at ¶¶63-64. 21. Mr. Poe received ICL's letter and responded in a June 14, 2016 letter, stating: "I have no plans, or intent to dredge the SF Clearwater this year, and do not intend to dredge in future years without the appropriate permits." See Compl., PP66 (Dkt. 1); see also Poe Decl., ¶10 (Dkt. 17-2); Ex. C to Oppenheimer Decl. (Dkt. 20-19). 26. In online posts, Mr. Poe admitted to dredging on the South Fork Clearwater River on multiple days during the 2018 season and admitted to purposefully failing to obtain an NPDES permit. See Compl., ¶¶73-82 (Dkt. 1). Mr. Poe also admitted he planned to continue dredging through August 15, 2018, and in future years." "
  2. Happy Birthday @shep I hope you have a great day!
  3. She got belligerent and foul-mouthed when told to stop posting rubbish/non-proven "facts" (her facts) so she was Banned, all of her posts are still here only hidden from members's view, we do this so other staff members can see what transpired and as an example of what to look out for from some members who may be in their own little world. We can un-hide them if we get bored and need some entertaining reading!
  4. Here's a link to his above mentioned discussion.
  5. I also can't see the image either.
  6. I posted this in the OP other classified ad, so I'm putting here as well since both topics/ads have sorta bled into the other with much of the same responses!! "OK, this is a warning, which shouldn't be necessary, there have been forum rules broken in this topic, it will stop, no more name calling, derogatory remarks or accusations towards other members! This is/was a classified ad but has turned into a discussion on platinum group metals and where they're being sourced but now needs to get back to only responses of interested parties. Everyone has already stated their beliefs and disbelief on this so lets leave it at that!! I will says that if you're interested in this ad do your own due diligence, the OP has offered a visit if you wish to his property for a first hand experience of what he's doing, so either take him up on that offer or not but otherwise any other members keep your comments respectable or don't comment at all!"
  7. OK, this is a warning, which shouldn't be necessary, there have been forum rules broken in this topic, it will stop, no more name calling, derogatory remarks or accusations towards other members! This is/was a classified ad but has turned into a discussion on platinum group metals and where they're being sourced but now needs to get back to only responses of interested parties. Everyone has already stated their beliefs and disbelief on this so lets leave it at that!! I will says that if you're interested in this ad do your own due diligence, the OP has offered a visit if you wish to his property for a first hand experience of what he's doing, so either take him up on that offer or not but otherwise any other members keep your comments respectable or don't comment at all!
  8. I have what I think is Don's latest email address, I'll send him an email to see if he responds.
  9. Sorry but NO, what you describe is not how it works, especially the part about changing to wood, trees and the volcano part, just no, sorry, but you are giving very inaccurate information about many things most here know about, but there are beginners that visits these forums and they shouldn't be reading inaccurate info! Please refrain posting such information unless it's provable scientific facts from experts and then please post links to those facts especially if they are as different as what you have been posting and way different to what most knowledgeable persons know as fact!!
  10. OK, I don't think you will get the email Bill sent out yesterday but you should get them in the future. Here's what it said.... " Hello Everyone, Just a short note inviting you to check out the new happenings at the Forum! There are a lot of new things going on in the Gold prospecting world and we would like to have your input! We also will be having some cool contests coming up with just as cool prizes like in the old days From Me (Bill Southern) and the rest of the members... You have been missed "
  11. Gary I checked your "Notifications" settings and the email notification for forum updates was not checked, which I think that's what the bulk emails would be, I checked it for you so if you still have the email that I see in your profile I think you should get any future bulk emails from the forum, let me know if the email in your profile is not your current email and I can change it for you or you should also be able to change it as well.
  12. Welcome to the forum! Just download the photo to your device and then on your profile page here at the forum upload the photo as your profile photo, starting by clicking on the little square right by the big circle with in your case a M in it and then click on the download link and select the image from your device, it will automatically be resized when you upload it, click on "continue" you will then also be able to "crop" it to further resize it, once you're done click "save". If you need any further help just let me know.
  13. All the gold nuggets and or fines posted here in the forum's classifieds sold rather quickly, usually within a few days.
  14. I moved your other posts and any response from other members from this topic into it's own topic titled..."Need help with this specimen"
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