2) Click on the link that says "Permits, Licensing & Certification "

(Please note the links may not work below because they change access to the site frequently so if you do step #2 and then follow what to click on in steps #3, #4 and 5 you will get there)

3) Click on: " Chapter 105 Water Obstruction & Encroachment General Permits (PAG-1, 2, 12, and GP-01-11, 15) "

4) This opens up the Elibrary where you then click on "Water Obstruction-Encroachment-US Army Corps of Engineers Section 404 Joint Permit Application"

5) To start off the DEP agent said to start with : Instructions including Sample Plans on everything. Note this is 45 pages long.  The one that is the whole lot of all the permits and everything is : Water Obstruction and Encroachment Application Package which is 145 pages long.

6) I was good to go. They answered my question. in a very polite and quick manner, and I thank them. I at this point just wanted an over view of what needs to be done. I found out it's not like going and getting a fishing license. From all the talk  I knew it would be a long process, just wanting to find out what it is. Read about the meeting from October 2007 Carlisle show.

During this time on the phone I talked to the DEP Agent and a few things really came to light.

1) Land use permission would need to be looked into since there are other laws that may need satisfied that permits may be need for. Example: where you power slicing is it on private property, or state lands, or state wet lands? A different permit for each, if any will need to be looked for

2) County and other local laws need to be looked into to make sure you don't need any permits from them.

3) Wild life studies would be needed to make sure that there are no endangered species of animals around. And impact studies may need done on what power slicing does to the area.

4) The dirt and gravel that is brought up from the stream bed, how are we going to dispose of it. Since we dug it up it seems like we can't just dump it back in the water were we got it from. I have to look deeper in on that since we just are replacing it back to the where it came from, less any heavy material, like iron and any other heavy objects that we will then concentrate down to.

5) Water sediment disturbance, on how it will effect the people down stream and will it effect any water supplies to the area.

6) At one point I explained that this is recreational and a not commercial operation. I'm not going to be bringing in dump trucks and barges and such and doing a 24 hours a day operation. This is a weekend prospector that a few times a year would like to dredging. But during the talk it's more the thoughts of if several hundred people get a dredging and go into one area it's as if it was over a big corporation came in and was doing dredging 24/7 and was pretty much told that there is no difference in this specific matter under the law.

7) Everything is on a case by case examination when getting permits and that only way to get in exactly what is needed for the case of recreational dredging is to go and file for a permit.

8) When I go though the Application package to remember some of the items may not need to be done, because this would be considered a small scale mining operation.

9) Any material that comes out of the stream may need to have royalties taken off of it by the "in conjunction with any permitted dredging activity is subject to the royalty and agreement provisions of the Dam Safety and Encroachments Act" ( see the . I asked how would that take place and he didn't know, most likely since it wasn't his department that I would be dealing with on that.

Now a few things the pages may be long, but some of the items may not have to be done, since this is a small one man or 2 man operation. But everything is on a case by case basis, I was told.

I explained that I was looking for a one or 2 man operation and this is recreational, I plan not to make money on this, it's just a hobby and if I did make money it wouldn't be a lot.

Information from 2007

Here is the 2004 house bill that allows recreational prospecting and dredging; The general Assembly of Pennsylvania: House Bill No. 2507 Session of 2004

http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=HTM&sessYr=2003&sessInd=0&billBody=H&billTyp=B&billnbr=2507&pn=3645

Here is the text of the link

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 2507 Session of 2004

        INTRODUCED BY PHILLIPS, WILT, PICKETT, ALLEN, ARGALL, BAKER,
           CAPPELLI, CAUSER, CREIGHTON, DENLINGER, DeWEESE, FAIRCHILD,
           FEESE, GEIST, GEORGE, GILLESPIE, GOODMAN, HALUSKA, HARRIS,
           HERSHEY, HORSEY, LEACH, MAJOR, MARKOSEK, MILLARD, ROHRER,
           SHANER, YOUNGBLOOD AND HASAY, APRIL 2, 2004

        REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
           APRIL 2, 2004

                                     AN ACT

     1  Providing for recreational mineral prospecting and for powers
     2     and duties of the Department of Environmental Protection; and
     3     establishing the Recreational Mineral Prospecting Technical
     4     Advisory Committee.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7  Section 1.  Short title.
     8     This act shall be known and may be cited as the Recreational
     9  Mineral Prospecting Act.
    10  Section 2.  Definitions.
    11     The following words and phrases when used in this act shall
    12  have the meanings given to them in this section unless the
    13  context clearly indicates otherwise:
    14     "Activity."  An action or project involving the filling,
    15  removal or alteration of the beds or banks of a Pennsylvania
    16  stream regardless of the amount of material involved or area
    17  disturbed.

     1     "Aggregate."  A mixture of minerals separable by mechanical
     2  or physical means.
     3     "Board."  The Environmental Quality Board.
     4     "Committee."  The Recreational Mineral Prospecting Technical
     5  Advisory Committee established in section 6.
     6     "Department."  The Department of Environmental Protection of
     7  the Commonwealth.
     8     "Dredging."  The moving or removal of bed material using
     9  other then handheld operated tools, including, but not limited
    10  to, a suction dredge, backhoe or dragline.
    11     "Equipment."  A device powered by internal combustion,
    12  hydraulics, livestock or electricity rated over one horsepower
    13  and all the related apparatus that enables the device to be
    14  functional. The term includes, but is not limited to, a
    15  recreational dredge and high-banker.
    16     "Mineral."  A substance occurring naturally in the earth,
    17  including, but not limited to, a naturally occurring metal,
    18  crystal, rock or fossil.
    19     "Mineral prospecting equipment."  A natural or manufactured
    20  device, implement or animal, other than the human body, used in
    21  any aspect of prospecting for or recovering minerals.
    22     "Prospecting."  To search or explore, using motorized or
    23  nonmotorized methods, for samples of minerals from either lode
    24  in bedrock or in aggregate or ore deposited by water or glacial
    25  action.
    26     "Prospector."  An individual who engages in recreational
    27  mineral prospecting.
    28     "Recreational mineral prospecting."  Searching or exploring
    29  for minerals in a manner that is consistent with a hobby or
    30  casual activity in this Commonwealth, including use of public
    20040H2507B3645                  - 2 -     

     1  lands approved or designated for this purpose.
     2     "Recreational purpose."  A purpose involving a sport or other
     3  recreational activity of whatever nature, undertaken by a person
     4  while using land, water, path or trail and may combine more than
     5  one hobby, sport, diversion or recreational activity.
     6     "Removal."  The physical taking of material from the deposit
     7  location or bed of a stream. The term does not include the
     8  physical taking of trash or relocation of bed material in a
     9  stream for a distance of ten feet or less.
    10     "Rockhounding."  The recreational gathering of mineral
    11  specimens found occurring naturally on the undisturbed surface
    12  of land, as well as exposed or submerged rocky stream or lake
    13  beds.
    14     "Suction dredge."  A machine equipped with an internal
    15  combustion engine or electric motor-powered water pump and used
    16  to move submerged bed materials by means of hydraulic suction
    17  and process the submerged bed materials through an attached
    18  sluice box to recover the desired minerals. This activity shall
    19  be limited to streams equal to the nozzle size in inches times
    20  eight feet unless a written exemption is granted by the
    21  Department of Environmental Protection.
    22  Section 3.  Scope.
    23     The provisions of this act shall apply to recreational
    24  mineral prospecting provided that the recreational mineral
    25  prospecting is conducted under the conditions of a permit
    26  required by the department, with the exception of those areas of
    27  State lands specifically regulated otherwise by the various
    28  State agencies.
    29  Section 4.  Recreational mineral prospecting.
    30     (a)  General rule.--No individual shall be required to obtain
    20040H2507B3645                  - 3 -     

     1  a professional license in order to engage in recreational
     2  mineral prospecting.
     3     (b)  Regulated activities.--
     4         (1)  A prospector shall conserve and preserve the ecology
     5     of the prospecting site, including leaving behind no trash or
     6     human wastes, and may not interfere with other approved
     7     activities taking place in the stream.
     8         (2)  An individual may engage in recreational mineral
     9     prospecting on Commonwealth-owned lands approved by the
    10     department relative to times and locations.
    11         (3)  An individual may engage in recreational mineral
    12     prospecting only with a class of equipment approved by the
    13     department. Recreational suction dredges shall be limited to
    14     a suction nozzle diameter of four inches or less.
    15         (4)  The use of suction dredging for recreational mineral
    16     prospecting may be permitted by the department only in
    17     approved stream segments.
    18         (5)  No prospector may engage in stream damming or
    19     channeling while engaged in recreational mineral prospecting
    20     and may not impair fish passage in the stream.
    21         (6)  A prospector shall control stream turbidity so that
    22     no measurable sedimentation occurs beyond 250 feet downstream
    23     from the recreational mineral prospecting site.
    24         (7)  With the exception of the allowed dredges, a
    25     prospector may not use motorized equipment to move boulders
    26     or excavate a recreational mineral prospecting site without a
    27     permit from the department.
    28         (8)  A prospector may not disturb incubating fish eggs or
    29     fry, and, if inadvertently encountered, all recreational
    30     mineral prospecting shall cease. No further recreational
    20040H2507B3645                  - 4 -     

     1     mineral prospecting may proceed in that area untill all eggs
     2     or fry have emerged from the gravel.
     3         (9)  A prospector engaged in dredging underwater shall
     4     have an associate nearby monitoring that prospector's safety.
     5         (10)  No prospector may engage in recreational mineral
     6     prospecting on private property without written permission
     7     documenting approved access to the property by the owner.
     8         (11)  A prospector who discovers a Native American or
     9     historical artifact during recreational mineral prospecting
    10     shall deliver the artifact to the department and shall not
    11     have any ownership right or interest in the artifact.
    12  Section 5.  Powers and duties of department.
    13     The department shall adopt regulations as necessary to ensure
    14  the proper implementation and enforcement of the provisions of
    15  this act.
    16  Section 6.  Recreational Mineral Prospecting Technical Advisory
    17             Committee.
    18     (a)  Establishment.--The Recreational Mineral Prospecting
    19  Technical Advisory Committee is established within the
    20  department.
    21     (b)  Composition.--The committee shall consist of nine
    22  members, all of whom shall be appointed by the Governor in
    23  consultation with the Secretary of Environmental Protection
    24  within three months of the effective date of this section and
    25  all of whom shall be residents of this Commonwealth. The members
    26  shall be as follows:
    27         (1)  One member from the department.
    28         (2)  One member from the Department of Conservation and
    29     Natural Resources.
    30         (3)  One member from the Pennsylvania Fish and Boat
    20040H2507B3645                  - 5 -     

     1     Commission.
     2         (4)  One member from the Pennsylvania Game Commission.
     3         (5)  Two members from a nationwide organization
     4     representing recreational mineral prospectors.
     5         (6)  One member representing the Mineralogical Clubs of
     6     Pennsylvania.
     7         (7)  The chairman of the Environmental Resources and
     8     Energy Committee of the Senate and the chairman of the
     9     Environmental Resources and Energy Committee of the House of
    10     Representatives.
    11     (c)  Alternate members.--One alternate member shall be
    12  appointed by the Governor for each member. The alternate member
    13  shall take the place of the respective appointed member whenever
    14  the appointed member is unable to attend an official meeting.
    15     (d)  Term.--A member of the committee shall serve for a
    16  period of three years. All vacancies shall be filled for the
    17  remainder of the unexpired term in the same manner as the
    18  original appointment to provide consistent representation of the
    19  State agencies and other interested organizations. A member,
    20  upon expiration of the term, shall continue to hold office until
    21  a successor is appointed.
    22     (e)  Chairperson.--The committee shall appoint a chairperson.
    23     (f)  Expenses.--Committee members shall not receive a salary
    24  but shall be reimbursed for all necessary expenses incurred in
    25  the performance of their duties. An alternate member may not be
    26  reimbursed unless serving in place of the appointed member.
    27     (g)  Meetings.--All actions of the committee shall be by
    28  majority vote of the appointed members or alternate members
    29  present. A quorum shall be at least one more than half of the
    30  number of committee members; however, vacancies shall not be
    20040H2507B3645                  - 6 -     

     1  counted when calculating the number needed for a quorum. The
     2  committee shall meet upon the call of the Governor, the call of
     3  the chairperson or upon request of a majority of committee
     4  members but not less than semiannually to carry out the duties
     5  of this act. The department shall provide clerical and technical
     6  support as the committee may reasonably require.
     7     (h)  Review of regulations.--The department shall submit to
     8  the committee for review and comment all proposed regulations
     9  developed under this act and all regulations prior to their
    10  submission to the board for initial consideration. The written
    11  comments of the committee shall be presented to the board with
    12  any regulatory proposal.
    13  Section 7.  Effective date.
    14     This act shall take effect in 60 days.











    B26L52DMS/20040H2507B3645        - 7 -

While the DEP has this on there website:
http://164.156.71.80/VWRQ.asp?docid=0442d740780d000000000c8100000c81&context=2&backlink=WXOD.aspx?fs=0442d740780d00008000085600000856&ft=1

Which gives us this:
 

Fact Sheet

Commonwealth of Pennsylvania • Department of Environmental Protection

 RECREATIONAL PROSPECTING

IN THE COMMONWEALTH’S WATERWAYS

 BACKGROUND

Recreational prospecting is the search for precious metals, gemstones and semi-precious minerals. In Pennsylvania, hunting for gold is the most common form of recreational prospecting. Prospecting enthusiasts often hunt for gold at public rights of way where bridges cross gold-bearing streams using a shovel and gold pan. Prospecting equipment can be found at hobby stores, rock shops, metal detector retailers and hardware stores in areas where gold hunting is popular.

METHODS AND EQUIPMENT NOT REQUIRING PERMITS

• Non-motorized pans, shovels, pan or dish-type hand classifiers and picks.
• Non-motorized sluice boxes, sieves, concentrators and mini-rocker boxes.

METHODS AND EQUIPMENT REQUIRING PERMITS

• Suction dredges with a nozzle no larger than four inches in diameter.
• High-bankers or suction dredge/high-banker combinations with a water intake no larger than two and one-half inches (inside) diameter, which are operated entirely below the ordinary high water line.

PERMITTING

If you are planning to use a suction dredge or high-banker, you must first apply for a permit from the appropriate Department of Environmental Protection (DEP) regional office. Applicants are encouraged to have a pre-application meeting with DEP to discuss the nature and scope of their proposed activities before applying for this permit. To ensure that the pre-application meeting is as productive as possible for both parties, applicants must be prepared to discuss the following issues:

• The location of the proposed dredging.
• The type of dredging equipment.
• An estimate of the amount of material that will be dredged.
• A plan for disposing of any excess material.
• The proximity of any public drinking water sources.

When applying for a permit, applicants should also consider:
• Stocked or wild trout streams with the following seasonal restrictions:

Stocked trout streams March 1 – June 15

Wild trout streams Oct. 1 – Dec. 31

Lake Erie tributaries Sept. 1 – April 30

• The use of chemicals or other contaminants, which is prohibited.

OTHER THINGS TO CONSIDER

The removal of precious metals, gemstones or minerals from submerged lands of this commonwealth in quantities, which are commercially usable or marketable, in conjunction with any permitted dredging activity is subject to the royalty and agreement provisions of the Dam Safety and Encroachments Act. DEP’s regional offices can help determine if you are prospecting on submerged lands.

If you plan to prospect on state game land, state forestland or in a state park, please contact the appropriate agencies before prospecting to ensure that you are familiar with their rules and regulations.

PROPERTY RIGHTS

DEP permits do not convey any property rights. You must obtain permission from the property owner before prospecting on private property or public lands.  

MORE INFORMATION