EASTERN OREGON
MINING ASSOCIATION
MAY 2014 Newsletter
Volume 296
EASTERN OREGON MINING ASSOCIATION MEETING
The meetings are held on the first Friday of the month. The next meeting is Friday, MAY 2nd at the Baker City Hall. The building is located at 1st and Auburn Streets in Baker City. The Board meeting starts at 6:00PM, and the general meeting starts at 6:30PM.
FROM THE DESK OF THE PRESIDENT –Ken Alexander
BLM has beat down the miners who are members of our sister organization, Eastern Oregon Miners and Prospectors (EOMP), until they have given up any hopes of ever mining. The organization acts as a training ground for miners, with emphasis placed on education and utilizing environmentally sound mining practices. BLM claims they are recreationists and need Special Use Permits (SUP), not Mining Plans of Operation. SUPs are appropriate for public land gatherings like weddings or birthday parties, but are not appropriate for mining operations. Terry Maleys Handbook of Mineral Law states \Special Us Permits Do Not Apply to Exploration or Mining Operations\ (see United States v. Craig (April 16, 1984).
Mining organizations should not be denied the ability to develop their minerals, yet that is the current situation at the Baker Field Office. EOMP has given up on its mining plan of operation for the Sun Dog claim, and deeded the claim back to Chuck Chase, the original owner. It will be interesting to see if BLM facilitates Chuck’s development of his minerals as he pursues the Plan of Operation on the Sun Dog.
BLUE MOUNTAIN FOREST PLAN REVISION-Jan Alexander
John Laurence has repeatedly stated at public meetings about the Blue Mountain Plan revision that the Plan does not close roads. This is complete misinformation. The Plan for the Wallowa-Whitman under Alternative E (preferred Alternative) proposes thousands of acres of new Backcountry non-motorized. If the areas are non-motorized, it seems to me that the roads will be closed when the Plan is approved. New wilderness areas are also proposed under Alternative E. The definition of wilderness is \no motorized access allowed\. So, if you have been wondering if the Plan will close roads, the answer is yes. If you have been wondering if the Plan will adversely affect miners, the answer is also yes.
THE COURTS HAVE REPEATEDLY DECIDED THAT THERE CAN BE NO BUFFER ZONES AROUND WILDERNESS AREAS-Jan Alexander
Over 30 wilderness statutes since 1980 all state, “Congress does not intend that designations of wilderness areas….. lead to the creation of protective perimeters of buffer zones around each wilderness areas. The fact that non-wilderness activities or uses can be seen or heard from areas within the wilderness shall not, of itself, preclude such activities or uses up to the boundary of the wilderness area.”
The Blue Mountain Revision ignores the law, and implementation of Alternative E would result in huge non-motorized areas being designated at the edges of the Monument Rock Wilderness and the North Fork John Day Wilderness. Both of these non-motorized \buffer zones\ are mineralized and are full of mining claims. Making these areas into non-motorized Backcountry is synonymous with designating them as Wilderness without going to Congress.
For the proposed new Wilderness areas, such as the one at Dutch Flat, on page 133 of the EIS, we see the statement, “Existing and proposed uses that could compromise wilderness area eligibility prior to congressional designation should not be authorized.” This is clearly contrary to the law. The Plan directs the Forest Service to shut down all activity and access in areas adjacent to proposed wilderness and to shut down the proposed wilderness area itself, prior to Congress giving its approval for Wilderness designation.
EPA PROPOSES CONTROL OF ALL WATERS-Jan Alexander
This is a really dangerous proposal. The EPA and Corps of Engineers want to bypass the word “Navigable\ in the Clean Water Act, thereby expanding the lands and waters they can
regulate to nearly all waters and lands in the United States. If successful, the EPA and Corps will effectively undermine the word “Navigable” in Clean Water Act so the EPA and Corps of Engineers will have wetlands jurisdiction over all waters of the United States and “all activities affecting all waters of the United States.” That means nearly all land in the U.S. also.
State control is bad enough, we dont need the Feds regulating our use of the waters or the land. The agencies propose to define ‘‘waters of the United States’’ in section (a) of the proposed rule for all sections of the CWA to mean: \Traditional navigable waters; interstate waters, including interstate wetlands; the territorial seas; impoundments of traditional navigable waters, interstate waters, including interstate wetlands, the territorial seas, and tributaries, as defined, of such waters; tributaries, as defined, of traditional navigable waters, interstate waters, or the territorial seas\.
You can stop the EPA and Corps by getting both your Senators and your Congressman to support taking the funding away from the EPA and Corps for their proposed new Clean Water Act regulations. In addition, make written comments on this terrible proposal. Submit comments on or before July 21, 2014. Submit your comments, identified by Docket ID No. EPA–HQ–OW–2011–0880 by one of the following methods:
(1) Email: ow-docket@epa.gov. Include EPA–HQ–OW–2011–0880 in the subject line of the message. (2) Mail: Send the original and three copies of your comments to: Water Docket, Environmental Protection Agency, Mail Code 2822T, 1200, Pennsylvania Avenue NW., Washington, DC 20460, Attention: Docket ID No. EPA–HQ–OW–2011–0880.
GOVERNOR APPOINTS TASK FORCE TO ASSESS MINING, SB838-Jan Alexander
The first meeting was held in Salem April 10, 2014. There were our five representatives from mining, Tom Quintal, Tom Kitchar, Scott Atkinson, Matt Ellsworth, and myself. In addition, there were representatives from environmental groups, several members of the tribes, representatives from ODF&W, National Marine Fisheries, USF&WL, the counties, FS, BLM, State police, DEQ, outfitter guides, fishermen, USACOE, the Governors Office and Senator Bates and Senator Boquist. There were discussions on how we would deal with the science, and what our \deliverables\ would consist of. It was stated that we were all there at the request of the Governor, and that everyone had expressed a willingness to look at something other than a full moratorium. The study groups recommendations will be given to the Governor, who decides what will go into the report, and then this will be given to the legislature. Senator Bates told the group that he tried to modify the law during the past \short session\ but there was not time. He said they needed our type of groups input before the law could be changed.
Many members did not know what placer mining was, and we explained that suction dredge mining is simply a subset of placer mining. There was interest in seeing what an off-channel operation would look like, with a wash plant, sluices and settling ponds. It will be a long road.
CALIFORNIA MINERS TAKE ON THE STATE OVER THE BAN ON MINING-Public Lands for the People
Gold miners from across the state are assembling in Rancho Cucamonga for what’s being called the most significant mining case in a generation. A five year old ban on gold mining will finally be heard by a San Bernardino judge who will decide if this is the end of 150 years of gold mining history in California. The May 1st hearing is the first of several important cases. This case will decide whether the State has the authority to overrule federal mining laws. Miners and other state governments are anxiously waiting to see if the ban will be upheld. If the California court rules the ban is unconstitutional, then other bans such as in Oregon could also be struck down.
The miners contend suction dredging leaves no impact on the environment and the State’s 1300 page environmental impact report overstated effects by ignoring information which proved there were no lasting environmental impacts. The State counters the equipment may be disturbing protected salmon or birds and they need to continue the ban to ensure habitats aren’t disturbed. “I think it’s great we’re heading to court on May Day,” Said Jerry Hobbs, the president of Public Lands for the People, the organization leading the fight against the State. “Gold dredges have removed more mercury, lead and toxins from California waterways than every government or environmentalist program combined.” \At stake is the future of gold mining in a state built on gold\.
The nine year old legal battle started on the Klamath River when environmental groups filed a lawsuit claiming the floating, yellow dredges which dotted the rivers in the summer, could be disturbing the annual migration of Coho salmon and other fish. The case then moved to Alameda County where the court ruled additional environmental studies should be conducted on the effects on salmon. The court imposed an injunction on the practice which the miners later overturned. The State responded by imposing a permanent ban through legislative action.
THE COST OF LITIGATION IS HIGH-Public Lands for the People
Public records in California show the State has spent over $2 million in defending the ban on suction dredge mining, including cash payments to environmental groups. The cost of preparing the environmental study, which took two years, was another $1.5 million. The miners representative stated, “We’ve got one lawyer up against eight lawyers from the environmental groups and the entire legal staff of the State. They’re concerned if we win this, then we’ve established a precedent for other people to challenge their authority.” “We’ve had strong support from the miners, they’re ready for a win.” Perhaps the only certainty is May 1st won’t be the last day in court over this contentious issue.
THERE IS NO SUCH THING AS RECREATIONAL MINING-Tom Quintal
It is really too bad miners ever let state agencies define mining as \recreational\ in the State statutes. Mining is mining on Federal land and protected with Federal mining laws that allow a person to prospect for a valuable mineral with the opportunity of securing that mineral right as property. State lands can only be leased for a mineral deposit and these lands are not open to Federal mining claim filings. I believe the agencies are either ignorant of Federal mining laws or choose to disregard them for their rule making and legislative anti-mining bills. Miners have let the term \recreational mining” become the state agencies rational that it is OK to overly restrict our mining rights on Federal Lands. My latest conversations in a DSL TAC meeting with Bill Ryan of DSL was interesting, as it was Bills understanding that miners paid royalties for the minerals we find placer mining on Federal land. We made sure he knew this was not the case, but shows clearly how ill-informed the regulators are.
DSL decided a few years ago to remove the term \small scale mining\ from their Removal Fill regulations. Their reason was to uniformly make all their removal fill permit enforcement regulations for placer mining reflect \recreational mining\, since this definition is used for Oregon Scenic waters and defined in laws used by other agencies. Yet when you look at the Oregon Scenic Waters Land Owners Guide, the definition for \small scale mining\ is still in print. Also of note, the DEQ 700 permit for suction dredge mining does not use the term \recreation\ anywhere in the permit.
EOMA WEBSITE FEATURED ON GEOLOGYDEGREE.ORG
Our website is recognized as an outstanding source of information if you are interested in Minerals and Geology. In spite of a tangled web of bureaucratic roadblocks to developing our mineral resources, there is growing interest and demand for mineral products. GeologyDegree.org has just published their latest feature, a collection of Exceptional Online Resources on Mining, Geology and Mineral Exploration, and Eastern Oregon Mining Association is highlighted in it, as you can see here: http://geologydegree.org/mining-mineral-exploration/
People with a background in geology are in demand in the mining and mineral exploration trade. Miners should encourage geology students who will soon need to begin their career search to gather more information about mining and mineral exploration so they can fully consider it as a career possibility.
AMERICAN RIVERS LISTS ‘MOST ENDANGERED RIVERS,’ INCLUDES MIDDLE FORK CLEARWATER, LOCHSA
Idaho’s Middle Fork Clearwater and Lochsa rivers are “America’s Most Endangered Rivers” according to a 2014 listing announced by the conservation group American Rivers.
“The America’s Most Endangered Rivers report is a call to action to save rivers that are at a critical tipping point,” said Scott Bosse of American Rivers. “If the Forest Service allows the shipment of ‘megaloads’ along the Middle Fork Clearwater and Lochsa rivers, it will severely undermine the rivers’ scenic and recreational values and diminish the protections afforded by the Wild and Scenic Rivers Act nationwide.”
The group says The Middle Fork Clearwater and Lochsa rivers are threatened by the shipment of massive mining equipment, known as “megaloads,” to aid in tar sands development in Alberta, Canada. The megaloads are hauled up Highway 12, along the rivers, on truck beds and can be as large as 30 feet high, 30 feet wide, 350 feet long, and weigh nearly a million pounds.
During the day, these loads are parked in turnouts along the Wild and Scenic River, creating a visual blight in an otherwise pristine area and blocking access to river recreation, American Rivers sasy. At night, the transport creates a massive rolling roadblock that interferes with normal highway traffic, presents numerous safety hazards, and degrades visitor experiences.
American Rivers and its partners have called on the U.S. Forest Service to ban the shipment of megaloads along the river corridor to protect the rivers’ unique values and stop the industrialization of this Wild and Scenic corridor.
WIN 1/2 POUND OF GOLD- IMPORTANT UPDATE PLEASE TAKE NOTICE ! ! !
The Eastern Oregon Mining Association, along with the Waldo Mining District, is selling tickets for the drawing on a ½ pound of gold. The big Final Drawing with a Grand Prize of 1/2 Pound of Gold will be held at the Miners Jubilee in Baker City, July 20, 2014. Additional prizes will be awarded at the final Drawing. The cost is $5.00 per Entry, or Six Entries for $25.00. You do not need to be present to win! So, fill out the tickets in the back of the newsletter and send them in to Drawing, PO Box 932, Baker City, OR 97814. Your money goes to help miners continue litigation on miner’s rights. Thank you for all your support..... Chuck Chase
2014 MEDALLIONS ARE HERE-ORDER ONE NOW!
EOMA medallions are beautiful proof grade one ounce silver medallions with the addition of real gold “nuggets” in the pan. We have a limited supply of 2012 medallions and 2013 medallions along with the newly minted 2014s. These medallions are currently selling for $50.00 apiece plus $5.00 shipping, handling, and insurance. (Prices are subject to change). You can order a medallion from the EOMA website, and pay by pay-pal. Or, you can send $50 plus $5.00 shipping and handling to EOMA, Medallions, PO Box 932, Baker City, OR 97814, or call Bobbie at 541-523-3285. Be sure to specify what year you want.
EOMA ADVERTISING AND SALE LISTINGS
The advertising listings are only $1 per month to get your ad listed below. Send your ad to: EOMA, Box 932, Baker City, OR 97814 along with your remittance for each month you want us to run your ad. The number next to your ad is how many months your ad will run.
1 YD. PER HR. TEST OR SMALL PRODUCTION PLANT(3)
Has vibrating sluice and screen to 1/8 - feed Neff Bowl - for fine gold recovery, that catches everything to 500 mesh. Cost $11,000.00 in April of 2012. For Sale for $3,950.00 Call Ed at 541-446-3212 after 6PM. Located at 4227 Willow Creek Rd, Ironside, OR
PLACER GOLD BUYER (3)
I am always looking for new sources of quality gold nuggets and specimens. I market to collectors and can generally pay more than refiners for nice nuggets. Contact Matt at (208) 867-2594 or e-mail: goldrush@goldrushnuggets.com I travel through Baker City frequently.
NEW BOOK ON LOCATING CLAIMS-AVAILABLE FROM THE AUTHOR (5)
Written by a miner for miners, this book covers all aspects of researching mining claim records, how to locate your own claim and keep it. Send check or money order for $32 dollars to: Tom Kitchar, PO Box 1371, Cave Junction, OR 97523.
FOR SALE (5)
Forty acre placer claim on Clarks Creek. Hasnt been dredged or mined, has real good potential. Has had a magnetometer survey done on the property and shows a large old river channel that has been buried. Just waiting for the right miner to come along. Ten thousand firm on the asking Price. Call: 541-523-3285 or my Cell: at 541-310-8510.
FOR SALE (5)
Eighty acre placer claim on the Burnt River at the mouth of Clarks Creek. Has excellent potential. A large portion hasn’t been dredged. Has buried high bars that have had limited work done on them. One high bar hasn’t been touched. $5,000 firm. Call: 541-523-3285 or my Cell: 541-310-8510.
ORE PROCESSING(1)
Looking for hard rock ores. The Wolff System, a new environmentally clean process for the extraction of gold from hard rock ores, even sulfides. Contact the Wolff Corporation, Phil Wolff, at 520-264-8847 or email me at adamwolff@reagan.com and discuss your pacific needs.
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