EASTERN OREGON
MINING ASSOCIATION
APRIL 2018
Volume 343
EASTERN OREGON MINING ASSOCIATION MEETING
Meetings are held on the first Friday of the month. The next meeting will be Friday, APRIL 6, 2018 at the Baker City Hall. The building is located at 1st and Auburn Streets in Baker City. The Board meeting starts at 6:00 PM. The general meeting starts at 6:30 PM.
Everyone is welcome to attend these meetings. There is time for discussing mining and getting to know other miners. As usual there will be a drawing for a $50 silver medallion at the meeting!
PRESIDENT'S MESSAGE
As the temperature warms up and the landscape dries up, it is natural to think about returning to our claims and resuming mineral extraction on our claims, and to explore for new discoveries. The Forest Service has been using their administrative power to make miners bond for, and close mine access roads to their claims. Many of these roads are RS2477. These are roads and rights of ways that were being used before the Forests were reserved and have been open to the public for years. There is a lot of history and statutory law guaranteeing the people’s rights to access private property. Mineral rights on a mining claim are private property.
Baker County chair, Bill Harvey, has been fighting an ongoing battle with the Forest Service concerning the agency’s position of ignoring the law and closing RS2477 roads. Many are the old mine to market roads. Most parts of the Forest claim a 1904 date, but some proclamations were into the 1930s. On BLM, rights of way existing before 1976 can qualify as RS2477 roads, when the Federal Land Policy and Management Act became law.
If either the Forest Service or BLM has closed your mine access roads, let EOMA know. In Baker County, if that road is an RS2477 road, the County will go to bat for you too.
SEND YOUR NEWSLETTER ITEMS
If you have information or interesting articles about mining items to share in the newsletter send them to Ken Alexander, alxk@ortelco.net, Chuck Chase CHASE3285@msn.com or Jan Alexander alx@ortelco.net . Be sure to indicate the source of information you send.
MSHA ANNUAL REFRESHER FRIDAY, APRIL 6, 2018
The April 7th Annual Refresher class is full. If you are current on training, the next 8 hour Annual Refresher will be April 6th, 2018. The cost of this training is $15. The instructor for this course is Ed Sinner.
The training will take place at Baker Technical Institute, 2500 E Street. Come in on 9th and G street. The building is actually behind the High School and logically should have a G street address. Class starts at 8:00AM. Classes must not exceed 30 miners, so reserve a space by calling Jan Alexander at 541-446-3413.
EPA’S DEFINITION OF “PLACER MINING”
Placer mining: “a mining technique used to remove metals (i.e., gold) embedded in stream and/or river bottom sediments, has proven to be detrimental to freshwater biodiversity. Placer mining operations utilize suction dredges to remove sediment, completely destroying the stream and/or river bottoms down to their underlying bedrock layer. Once sediments are removed, they are filtered to separate the more dense rock and cobble material for metal extraction, from the finer, less dense sediment, which is returned to the stream and/or river as waste.
Placer mining completely destroys important river and stream bottom habitats that are heavily relied upon by organisms as spawning and breeding grounds. In addition, the removal and return of fine sediment particles often reintroduces contaminants such as heavy metals that were once trapped, back into the environment. Returning sediments increase the turbidity of the water, block out the sunlight necessary to support various aquatic plants, and inhibit the respiration of various gill breathing organisms”.
Is it any wonder that the general public thinks “placer mining” equates to suction dredging? And is it any wonder that the general public thinks miners destroy the world?
WPCF PERMITS NO LONGER AVAILABLE-Jan Alexander
Be careful when you buy or locate a new claim that the miner transfers his WPCF permit to you. Or, if your permit is a “mobile” permit, you can use it to cover processing of ore anywhere in Oregon. DEQ has not even begun the process of reissuing these permits. This is another crazy situation where the State requires a permit, and then makes it impossible for you to get a new permit.
INTERIM CHIEF OF THE FOREST SERVICE VICKI CHRISTIANSON-AE&M
On March 7, 2018, Forest Service Chief Tony Tooke announced he's retiring, effective immediately. "I have decided that what is needed right now is for me to step down as Forest Service Chief and make way for a new leader that can ensure future success for all employees and the agency," Tooke said in an email to staff. With his swift departure, Tooke ended a 37-year career at the Forest Service where he started at age 18. He never worked anywhere else in his career, according to Tooke. Vicki Christiansen has been named Interim Chief.
WALLOWA-WHITMAN NATIONAL FOREST HARASSES MINERS
In an unprecedented move by the Acting District Ranger, Tom and Carol Griffin are being required to remove the East Eagle Creek steel bridge or the Forest Service will take their bond money and remove the bridge, and conduct final reclamation on the Castle Rock claim. All of this, and Griffins are not through mining. Once the bridge is gone, the Griffins, as well as several other miners upstream, will no longer have access to their claims. And, neither will the recreating public using the road and bridge as access to the forest.
There is one problem here, the East Eagle road is a County road, under RS2477. Baker County chair, Bill Harvey, has provided the Forest Service with documentation that this road is a county road. He has also written the Forest Supervisor and the Forest Service Chief, Vicki Christianson, concerning the Wallowa-Whitman Forest’s illegal activities.
All miners should be watching this situation closely. The Forest Service is out of control. They pay no attention to their own regulations or to the needs of Baker County and their citizens.
TRUMP ADMINISTRATION ACTS ON WITHDRAWALS-AE&M
The Department of the Interior (DOI) has taken a step toward significantly altering one of the Obama administration's signature public lands initiatives, formally cancelling a segregation and proposed withdrawal inside a Southern California renewable energy zone.
On February 7, the Bureau of Land Management published a notice of cancellation in the Federal Register that nixes the two-year segregation and proposed withdrawal from new mining claims on 1.3 million acres within the Desert Renewable Energy Conservation Plan (DRECP).
The area reopened for new exploration and mining claims on March 9 — 30 days after publication of the notice of cancellation in the Federal Register. The cancellation notice also formally ends work on the environmental impact statement (EIS) to determine whether the area should be withdrawn for twenty years.
FOREST SERVICE WILL NOT RECOMMEND REVERSAL OF SW OREGON WITHDRAWAL-AE&M
The Forest Service announced it has no plans to recommend reversal of a 101,021-acre, 20-year withdrawal in southwest Oregon. The 2016 mineral withdrawal effectively blocks nickel exploration in the Rogue River-Siskiyou National Forest. House Natural Resource Chairman Rob Bishop (R-UT) had singled out the Oregon withdrawal as an example of the previous administration's "illegal" and politically motivated prohibitions. The withdrawal also impacts scandium, one of the critical minerals on DOI's draft list.
AEMA ASKS SUPREME COURT TO VOID FLPMA’S LARGE TRACT WITHDRAWAL AUTHORITY
On March 9, AEMA, represented by Mountain States Legal Foundations (MSLF), filed a separate concurrent petition for certiorari to the United States Supreme Court (SCOTUS) seeking review of the 9th Circuit Court of Appeals decision that upheld the 1.1-million-acre withdrawal of uranium rich land on the Arizona Strip near the Grand Canyon National Park. The 20-year withdrawal was signed by Secretary Salazar pursuant to the large tract withdrawal authority (5,000 or more acres) in § 204 of the Federal Land Policy and Management Act of 1976 (FLPMA). AEMA, member companies, counties in UT and AZ, and NMA challenged the withdrawal on several grounds including National Environmental Policy Act (NEPA) violations. Importantly, AEMA and NMA also challenged the constitutionality of the large tract withdrawal authority.
One of the purposes of FLPMA was to revoke all executive branch authority to withdraw lands from mineral entry under the Mining Law and other mineral laws. After revoking all expressed and implied authority Congress gave the Secretary of the Interior limited authority to withdraw lands.
There is the small tract authority for withdrawals under 5,000 acres and a separate authority for tracts of land 5,000 acres or greater. Importantly, congress embedded a legislative veto into the large tract withdrawal authority. In 1982, in an immigration case, SCOTUS held that legislative vetoes are unconstitutional in violation of the Presentment Clause of the Constitution (legislation passed by congress must be presented to the President for signature).
In this case, both the district court and the 9th circuit agreed that the legislative veto was unconstitutional, but severed it from the large tract withdrawal authority. The result is a return to pre-FLPMA days of unfettered executive branch authority to withdraw lands, thus defeating one of the very purposes of FLPMA. We and NMA believe severing the legislative veto from the withdrawal authority is inconsistent with congressional intent and that the entire large tract withdrawal authority must be declared unconstitutional.
ADMINISTRATION CONSIDERS AMENDMING RENEWABLE ENERGY CONSERVATION PLAN-AE&M
Administration Considers Amending Desert Renewable Energy Conservation Plan - California
In support of our members operating in California, AEMA filed comments urging California BLM to rescind the Desert Renewable Energy Conservation Plan (DRECP) or modify it to restore multiple-use and Mining Law rights. DRECP covers almost 11 million acres and set aside about 800,000 acres for renewable energy and dedicated over 10 million acres to preservation/conservation as a single use, much like the previous administration did with sage-grouse conservation. As noted above, BLM recently cancelled a 1.3 million acre segregation proposed and withdrawal inside the DRECP.
HOUSE HOLDS GOOD SAMARITAN HEARING-AE&M
The House Natural Resources Sub-Committee on Energy & Mineral Resources held a hearing on March 20, 2018, "Abandoned Hardrock Mines and the Role of Non-Governmental Entities." The hearing focused on Good Samaritan possibilities for the hardrock mining industry. AEMA Government Affairs Manager Matthew Ellsworth attended the hearing while in DC advocating on behalf of AEMA members. (Most of the hardrock mines in the Granite Watershed where milling took place are on the EPA’s confirmed release list. Under this law, miners could mine those properties and conduct reclamation without fear of a CERCLA violation-editor)
DOI REORGANIZATION-AE&M
After receiving input from Governors, local governments and stakeholders, DOI has revised the draft unified regional boundary map. The original draft unified regional boundary map followed watersheds and ecosystems as the concept is to organize boundaries with common features and issues.
The new iteration of this draft map reflects the input and concerns raised regarding splitting states into multiple regions. The new draft unified regional boundary map follows state lines, with few exceptions, notably Nevada, but also follows the intent of these boundaries being organized along watersheds and ecosystems.
EPA PUBLISHES FINAL CERCLA 108(b) RULE-AE&M
The U.S. Environmental Protection Agency (EPA) has published its decision not to issue final regulations for financial assurance requirements applicable to the hardrock mining industry under CERCLA 108(b) .
EPA signed a pre-publication version by the court ordered deadline of Dec. 1, 2017. EPA’s final action was published in the Federal Register on February 21, 2018 and became effective on March 23, 2018.
SMALL MINERS AMENDMENT- Jan Alexander
Scott Harn ICMJ, and others have come up with what they have titled “Small Miners Amendment” and they are attempting to get Senators and Representatives in Washington DC to support their ideas.
Scott states, “The proposed amendment addresses problems with NEPA, timely review of plans and notices and approval by operation of law if the agency fails to meet the deadline, MSHA exemptions for small operators, land designations that are detrimental to mining including re-opening closed or designated lands with the approval of a competent geologist, and establishes minimum qualifications for personnel who review notices or plans”
And there are some good points made. However, in my opinion, asking congressmen and women to support a bill that defines “casual use” as mining of 5 acres, with no notification, no permitting and no bond, only makes miners look ridiculous.
I tried to help formulate this bill in 2015, but they were not ready to listen to a reasonable proposal. Changes are definitely needed, but the “Small Miners Amendment” is not the answer.
2018 EOMA SILVER MEDALLIONS FOR SALE
There is no gold nugget in the pan in the 2018 medallions. Since NWTM is out of business, we are looking at our options for finding an affordable mint to make next year’s medallions.
The medallions are currently selling for $50.00 apiece plus $5.00 shipping, handling, and insurance. (Prices are subject to change). You can order yours 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 541-523-3285. Also, we will have them for you to buy at our EOMA meetings.
VISIT EOMA'S FACEBOOK PAGES
Eastern Oregon Mining Association now has a Facebook page. For those of you who use Facebook, check it out. For those of you who don't, it may be time to learn!
Sign in, and come learn, add your suggestions, and get to know other miners.
https://www.facebook.com/easternoregonminingassociation/
OREGON MINING ASSOCIATION
The Oregon Mining Association is a non-profit corporation dedicated to promoting mining and the mineral industry in Oregon. The corporation is supported by donations. Please send what you can to save mining in Oregon to Oregon Mining Association, P.O. Box 23213, Tigard, OR 97281-They have both a website and facebook page:
http://oregonmining.org/
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EOMA ADVERTISING AND SALE LISTINGS
OPPORTUNITY (1)
Looking for someone mechanically inclined to learn and run a hard rock gold mill. One may be available for scrap price. Time to pass on the technology and know-how. Need a younger working partner and gold ore to run. Dr. Thom: tseal@unr.edu
FOR SALE (1)
Ed Hardt is selling his placer mining equipment. Ed's trommel is 20 feet long, 5 feet in diameter, gear driven, positive drive. It will process up to 100 yards a day, will not slip or spin out. Also one three inch pump, a two inch pump, two and three inch flat hose, and a generator. Call 541-377-9209 or email Ed at twohardts@hotmail.com. Price for all is $15,000.
FOR SALE (5)
Multi Quip 3/8 yard cement mixer Model mc-94P with Honda 8 hp motor. It has a polyurethane drum, and is on a single axel for easy towing. It is a Home Depot rental unit. Asking $1,500.
Syntron Magnetic Vibrator Model V-50-01. This is a fairly husky unit that bolts on bins or chutes where material being fed does not flow smoothly. I used it to move material out of bins and chutes. It is single phase and draws 4.5 amps. Call Jack at 208-284-5882, Boise.
FOR SALE (5)
Krebs Hydrocyclone, 1 Model D4 and I model D6, which I used to thicken my fine tailings. I have specs and installation instructions from Krebs. Asking $250 each. Also, a portable 2 inch water pump with 3.5 hp Honda gas engine. $100. Call Jack at 208-284-5882, Boise
FOR SALE (5)
Sample Splitters, one with 22 slots, ¾ inch wide, $150; and one with 12 slots, 5/8 inch wide, $100. Transformer, 480/240/120 volt, 3 phase, 480/220 volt. Rated for motor horsepower up to 55 horsepower $150. Call Jack at 208-284-5882.
FOR SALE (5) S+S Controls heavy Duty Motor Starter, 3 phase, 480/220 volt. Rated for motor horsepower up to 55 horse, $350, also Wilden 1 ½ inch chemical solution polyethylene pump model M4/Pt/Tf,Tf,Pt s/n 364361. New condition, never used. Air driven, $500. Also, C Onan 75kw Generator, older but with very low hours. Recently installed updated exciter circuit. $6,500. call Jack at 208-284-5882.
FORSALE (5)
Portable Hopper-Feeder, 20 yard capacity with 30” variable speed discharge conveyor belt, built on heavy duty sled. Will straddle an 8 foot wide lowboy deck for transport. See at Double “W” Baker City. Call 541-523-6000 ask for Kevin or call Jack at 208-284-5882.
GOLD CLAIMS FOR SALE (3)
5 unpatented placer claims (160 acres) located on Elk Creek near Baker City.
Sale includes all equipment (2 excavators, dump truck, trommel, pumps, generators, etc).
Site was featured on the cover of ICMJ’s Prospecting and Mining Journal (August 2014).
Approved Plan of Operation with US Forest Service in place and can be transferred (expires 2021)
DEQ process permit goes with the sale of the claims. For price, pictures and details, call Don Enright, 509-860-1145 or email: donaldenright25@gmail.com
LUCKY AND SIMPSON CLAIMS FOR SALE (3)
4 unpatented placer claims (Simpson is 80 acres, Lucky claims total 60 acres) located in the Whitney Mining District on the Wallowa-Whitman National Forest. These claims have approved Plans of Operation and I have posted the bonds for mining. The DEQ process permit goes with the sale. Access roads are good, but the claims are somewhat remote. If you are interested, call Dave Smith at 810-523-7313.
NATIVE SPIRIT 60 ACRE CLAIM FOR SALE
This claim is located on McCully Creek on the Wallowa-Whitman National Forest just west of the town of Sumpter. Good access, off-channel water is available for processing. DEQ process permit goes with the sale of the claim. Plan of Operation is scheduled to be approved for 2019 work. Call Charles Stewart at 541-910-5435 for more information.
CARETAKER POSITION AVAILABLE
Wanted: Full time caretaker for remote property about 20 miles from John Day, Oregon. Primitive, well insulated house, wood heat only, good water from spring. Off the grid, power from gas generator if needed. ¼ mile level driveway off county maintained road. Must have own chain saw, 4 x 4 vehicle with chains, cut own firewood, and help with chores. Inquire by e-mail (tseal@unr.edu) or by mail to Caretaker, PO Box 8353, Spring Creek, NV 89815.
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