Author Topic: FAQ concerning TN Recreational Prospecting Permit  (Read 6632 times)

Rich Robinson

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FAQ concerning TN Recreational Prospecting Permit
« on: September 03, 2014, 10:36:08 PM »
To all Members
I am creating this topic to help with all the questions concerning the new TN Recreational Prospecting Permit . I will be constructing an FAQ topic and for now, please PM me your questions and I will get the best answers and will post them on the website... It will be a locked topic so Please PM or email me your questions... I will address not only the General ARAP permit and the Individual permit.

Richard
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Rich Robinson

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Re: FAQ concerning TN Recreational Prospecting Permit
« Reply #1 on: September 04, 2014, 11:23:45 AM »
Tom,
I understand what you are saying and you do make a good point. Here is what I can tell you for sure that I know to be fact. The Individual Permit has been in place since there has been a General ARAP. The reason for that is that TDEC knows that one size does not fit all... The General ARAP will always be the most strict because it covers all of the bases when it comes to regulating an activity.... But everyone who needs to do work that requires and ARAP permit is not doing the same type of work and therefore would need to alter the General ARAP to fit the work that they are doing.... This has been done since the ARAP program began. As TDEC tells me they can allow changes to the rules as long as the impact on the waterways is not long term or what is called "De Minimis"... What we do is considered De Minimus activity... When it becomes more than that is where we get into trouble... When rogues decide to go into an area and want to break the rules for example, digging into the banks to the point that trees are destabilized  or someone dredges a Volkswagen size hole in the stream or does not fill their holes, you start going beyond "De minimus"

Now to the point you were making, What makes me think this will help or that we can believe anything we are told???  The answer is simple... Nothing..... beyond that, Faith.... aside from that what makes me believe that we can do better going this route for now is the fact that if we do nothing, then we get what we asked for....  Which is what we have now. An unworkable General permit... 

Now that being said, I am not a quitter, and I am working every relationship I have to help with this... There is in TDECs minds nothing that differentiates us from anyone else who applies for an individual permit... We are just another entity that wants to do an individual permit to do work in the waterways of TN... Prospecting is a barely a blip on the map compared to other Individual permit applicants... Rest assured that I have some insight that will be discussed at the September meeting...

Richard
« Last Edit: September 04, 2014, 11:39:49 AM by rrobinson »
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Chuck Pharis

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Re: FAQ concerning TN Recreational Prospecting Permit
« Reply #2 on: September 04, 2014, 01:09:42 PM »
Richard's topic here is a good one. I have read the new permit over and over more than 30 times. I still do not totally understand where we can legally prospect and where we can't.
To many questions need to be answered.
If you have ANY confusion over this permit, post your questions to Richard and we will try and get the answers posted on this topic ASAP. Many members have called me personally with questions. I can only answer your questions one at a time. We need all the questions and answers posted in one place for everyone to read and understand.
Chuck
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andy taylor

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Re: FAQ concerning TN Recreational Prospecting Permit
« Reply #3 on: September 04, 2014, 04:29:44 PM »
ive read it over sevral times as well and still going huh.thats why i made the post reguarding explaining the new permit.i have sent richard a couple pms with some questions that may come up so we will see what answers we get.its trying to sort out where its a 20 or 30 foot width or not at all based on the critical habitat list that gets tricky.
if'n i had my druthers i'd druther be huntin' purdy yeller rocks.

Rich Robinson

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Re: FAQ concerning TN Recreational Prospecting Permit
« Reply #4 on: September 04, 2014, 10:04:33 PM »
Andy and others.
I am compiling the questions and will be working on a true FAQ concerning the General permit... And will have that in a form where you can just go an look for the easily answer ... So every one has a place to go for the general questions. I will be doing the same for the Individual permit... I am trying to PM most of you with the answers I have already to your individual questions... Right now , unless any of you want to go for the General permit, don't even worry about the class 2 rules...
Class one is where you want to focus, because that is all any of us can do without a permit....   #1 in the class 1 special stipulations deal primarily with Little River in East TN and the Duck  River in West TN These two rivers contain more critical Habitat and threatened and endangered species than any other waterways in the entire US. Now you can class 1 prospect in either, but you will have to contact TDEC and they will let you know what segments of those waterways are closed to class 1 prospecting, but rest assured if there are tubers, Kayakers, or swimmers  there , then it is not an area with T&Es or critical habitat. Otherwise they would not be allowed there. That being said , so that we do not have another incident, keep downstream of the swimmers... If you are there first. be courteous and keep in mind how we got where we are now...  When in doubt about a specific waterway, Just make a call to TDEC..  If you are prospecting in waters that have T&Es or critical habitit as shown in #1, the stream has to be 30 feet wide at the point of the activity. any other streams have to be 5 feet wetted width... the 20 ft rule is only on TWRA management land,,, TDEC is working on that incongruity now because it should have not been 20 ft.... I will keep you all up to date as I get news on that... I believe it was supposed to be 5 feet, just like the TDEC rule... The Permit is very confusing and the people at TDEC have told me if you have any questions about streams to please call them...

Richard

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DGurley

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Re: FAQ concerning TN Recreational Prospecting Permit
« Reply #5 on: September 17, 2014, 06:40:30 PM »
Question for Richard The general permit cost $500.00 if I read this right they are a $500.00 property bond that goes with that so that makes it $1000.00 total.
Please take a look at this link and see if that's right. Thank You

http://state.tn.us/sos/rules_all/1975/0400-03-04.19751212.pdf


« Last Edit: September 17, 2014, 06:44:28 PM by DGurley »
David Gurley

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Re: FAQ concerning TN Recreational Prospecting Permit
« Reply #6 on: September 17, 2014, 07:14:47 PM »
Richard will have to jump in on that but I think that refers to commercial mining David

DGurley

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Re: FAQ concerning TN Recreational Prospecting Permit
« Reply #7 on: September 17, 2014, 08:32:51 PM »
Hope you are right 500.00 I can stand
David Gurley

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Re: FAQ concerning TN Recreational Prospecting Permit
« Reply #8 on: September 17, 2014, 09:02:39 PM »
David,
  The Permit we would prospect under is an Aquatics permit, this appears to be a Surface permit, which would be the land based stuff.  So if we were to want to take the top off a mountain, We'd have to put up a $500 bond, but since we're playing in a Creek, I don't think this applies.
Coker Creek Chapter President 2015-2017

packerfrank

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Re: FAQ concerning TN Recreational Prospecting Permit
« Reply #9 on: September 19, 2014, 11:55:09 PM »
i agree with david as far as federal parks go i feel we have paid for the right to use these parks through taxes. why don t they pick on bike trails in the parks or boats that there wakes wash dirt from the banks into the water. were will it stop !

DGurley

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Re: FAQ concerning TN Recreational Prospecting Permit
« Reply #10 on: September 21, 2014, 01:47:12 PM »
Where do I go to get a permit to fill out for class 2 dredging or do they have a form that you fill in the blanks. I know I have to file a NOI with the Application but the Application Form I can't find.
Thank You
David Gurley

Goldie

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Re: FAQ concerning TN Recreational Prospecting Permit
« Reply #11 on: September 22, 2014, 10:51:51 AM »
Here is what the fed site says about dredging in Coker Creek/Tellico. So dredging is aloud on federal level but not State?  Confusing?  http://www.fs.usda.gov/activity/cherokee/recreation/rocks-minerals/?recid=34864&actid=59

LifeBuzzN

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Re: FAQ concerning TN Recreational Prospecting Permit
« Reply #12 on: September 25, 2014, 02:14:16 PM »
I am a new member and new to this type of prospecting..........sounds like I picked the wrong time to pick up a new hobby.  Bummer.   :'( :'(