EASTERN OREGON
MINING ASSOCIATION
JULY 2019
Volume 358
EASTERN OREGON MINING ASSOCIATION MEETING
Meetings are held on the first Friday of the month. The next meeting is Friday, JULY 5th, 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. As usual there will be a drawing for a $50 silver medallion at the meeting!
MINERS’ JUBILEE JULY 19-21, 2019
Just three weeks until Jubilee! This is our one big money maker for the year, please come and support EOMA. Meet other miners, check out all the mining vendors and have some fun.
We will have a silent auction again, so look through your shop or garage, and bring tools, mining equipment, welding supplies and anything else you find that you are not using and someone else will want to bid on. Kids love to bid too, so kid related items are great.
We will set up on Thursday afternoon, July 18, and could use help with the setup. On Friday, we open at about 9:00AM. We will have a raffle and silver medallions to sell, along with EOMA hats, tee shirts and other items. There will be gold panning for the kids. Alice Knapp donated gold last year to the kids, and there is some of that left. Jan and I will add some of our gold to Alice’s so the kids will have plenty of gold to pan.
Saturday will be the Champion Gold Panning contests-kids 12 and under, amateurs, and professionals. There will be cash prizes for first, second and third place in each division.
GOLD PRICE LOOKS GOOD FOR MINING ANYWHERE BUT ON THE F.S.-Jan Alexander
The price of gold, as I write this, is over $1,400/ounce. Miners are moving onto BLM lands as Notices are authorized and Plans of Operation approved. On private lands, mining companies who quit mining when the gold price dropped, are gearing up for mining this summer.
But on the National Forest, you won’t see much mining going on. Miners are getting assessment work done early because they know they will be shut down as soon as the fire risk increases.
Mining operations on the Forest are micromanaged to the point that miners wait ten years for a Plan of Operation, then find out when the EIS is released, that the Forest Service scaled back their proposal. The Forest Service refused to send miners copies of the project area maps that were analyzed in the Powder EIS, so until it is published, miners really don’t know what area is being approved for mining. Some miners, whose operations were included in the Granite Mining EIS, ended up with project areas that were less than an acre in size, some even less than ½ acre. They had only one small area to test and mine in over a ten-year period.
Each Forest Service Plan of Operation requires pages and pages of mitigation measures be agreed to by the miner, to ensure there are no significant impacts to the surface. Miners understand that to get to the minerals, they must dig, but the Forest Service does not seem to understand this necessity. It is time to get the Forest Service out of mining.
STIPULATIONS FROM THE POWDER EIS-GET READY TO OBJECT-Jan Alexander
Ed Baldwin is a “applicant” in the Powder EIS because his operation on Deer Creek has been designated “critical habitat” by the Forest Service for bull trout. The Forest Service is not concerned that Deer Creek is too warm for bull trout to exist, there is a barrier upstream in Lake Creek that prevents bull trout from moving into Deer Creek, and there is no habitat through the dredge tailings. Besides these problems with the Biological Assessment, the Forest Service promised USFWL that pages and pages of stipulations would be attached to each miner’s Plan, and Ed received a copy of these stipulations before any of us saw them. Some are ridiculous.
CONTEMPLATING THE SALE OF A CLAIM IN THE POWDER RIVER EIS?
This stipulation, G22, is a hard to believe-(1) because how does the Forest Service think they can regulate a miner who is “contemplating a sale” and (2), because we appealed this stipulation previously, and won our appeal. The Forest Service must delete this stupid stipulation from Powder Plans of Operation.
INSPECTION OF EQUIPMENT BEFORE IT ENTERS NATIONAL FOREST
Under G24, the operator must prearrange a time and place so the minerals administrator can inspect the equipment to see if it is “in working order and has no obvious leaks”. Miners may not know until the last minute when a piece of equipment is being delivered, the minerals administrator may be sick or on vacation, it might be the weekend when the minerals administrator doesn’t work.
When fire inspections were discussed with the Forest Service at the last Round Table, Ranger Cikanek agreed that instead of the Forest Service inspecting equipment before it was taken onto the Forest, equipment could be inspected on site, once it was set up. FS needs to be consistent.
MINERS MUST MAKE NEW SNAGS
Woodcutters cut dead trees for firewood all the time. Now, miners, under R16, must create a new snag out a perfectly good growing tree, every time they cut a snag over 12 inches. This simply is ridiculous. Mining areas are small, and birds and squirrels have plenty of dead trees available in the surrounding areas, especially if the Forest Service keeps letting the woods burn.
MINERS MUST SPREAD 3 INCHES OF CERTIFIED STRAW
R7, and R16 are the same stipulation, and these are counter-productive as far as getting grass to grow, and because there is no certified weed free straw available, these stipulations are impossible to comply with. Ken and I drove to Cove to pick up certified weed free straw four years ago, but no one in Baker or Union County had certified weed free straw available last year. The reason the farmers gave was it was just too much red tape and government interference in their farming practices. Another problem with this stipulation is that 3” of straw will smother the seedlings, since this is so much straw that light cannot penetrate. In the Granite EIS, straw was to be spread so there were bare patches. In the Powder, the entire area must have 3” of straw.
MINERS MUST SEED USING NATIVE SEED
Seeding with native seed, R12, on mining sites with little or no topsoil will not produce vegetation, Native seed is expensive to purchase, and if it never grows, noxious weeds will move in and miners will be unable to get their bonds returned.
LOGGERS TO MINE SUMPTER VALLEY DREDGE TAILINGS-Jan Alexander
Rainier Skyline Exploration Inc is proposing to mine a small parcel of private land in Sumpter Valley. The spotted owl put them out of the logging business, so they have modified their skyline logging equipment into mining equipment. Their plan is to go deeper than the dredge went, process the gravel and reclaim the area into a park with a small lake. We will watch this one for sure.
FEDERAL PREMPTION-FEDERAL LAW SUPERSEDES STATE LAW-Tom Kitchar
The argument is simple: The U.S. Constitution is "the" law of the land... and in the Constitution Congress has full sole authority over the lands of the United States. Congress has delegated management of the lands to various federal agencies, including the Department of Interior and Department of Agriculture, who have delegated management authority of the Public Land (i.e.; land open to Mining under the 1872 Mining Law) to BLM and the USFS.
Prior to 1955, the claim owner had complete control of the surface of unpatented mining claims and could fence it off, hang “No Trespassing” signs, and tell BLM or USFS to go away... Then, in 1955, Congress amended the Mining Law, granting management authority of the "non-mineral resources" on unpatented claims to the federal agencies, with the provision: "that any use of the surface of any such mining supersedes claim by the United States, its permittees or licensees, shall be such as not to endanger or materially interfere with prospecting, mining or processing operations or uses reasonably incident thereto..." (30 U.S.C. Sec. 612(b)) (emph. added).
So, Congress, in 30 USC 612(b) has limited management of all "non-mineral" resources on unpatented mining claims prohibiting the land management agencies from "endangering" or "materially interfering" with the mining. Of course, this does not mean they can't restrict... but it has to be "reasonable" and "necessary"... and generally in today's world, it has been taken to mean the BLM or USFS can't prohibit.
However, in the early 2000's, BLM & USFS amended their mining regulations adding language stating that miners had to have all required state permits, and BLM regulations even say that such state regulation/restrictions could be more stringent than the federal regulations require. There are no set limits.
And there's the problem. If the federal agencies are forbidden from endangering or materially interfering, then how can the federal agencies give the states authority to endanger or materially interfere when they themselves can't?
This issue was brought up in both the Rinehart case and the Bohmker case. The attorney argued that Federal Law preempts State Law, but did not argue that BLM and Forest Service regulations be changed. The time has come to make these changes. Language must be added to the BLM & USFS regulations that states that the states cannot restrict mining on federal lands at a level that endangers or materially interferes with the mining operation, and if they do, the state law is preempted by the Mining Law.
CRITICAL MINERALS STRATEGY RELEASED-AEMA
On June 4, 2019, the U.S. Department of Commerce released its long-awaited report, “A Federal Strategy to Ensure Secure and Reliable Supplies of Critical Minerals” as directed by the similarly titled Executive Order (EO) 13817 signed by President Donald Trump late in 2017. The strategy, crafted by the Secretaries of Defense, the Interior, Agriculture and Energy, and the United States Trade Representative, contains six calls to action, 24 goals, and 61 recommendations that describe specific steps that the federal government will take to achieve the objectives outlined in the EO.
The six calls to action are:
1. advance transformational research, development, and deployment across critical mineral supply chains;
2. strengthen America’s critical mineral supply chains and defense industrial base;
3. enhance international trade and cooperation related to critical minerals;
4. improve understanding of domestic critical mineral resources;
5. improve access to domestic critical mineral resources on federal lands and reduce federal permitting time frames; and
6. grow the American critical minerals workforce.
These six calls to action relate to the overarching issue areas addressed in the strategy and within each call to action are more granular goals followed by specific recommendations on how the goals can be achieved. Additionally, each recommendation lists the anticipated time frames for implementation.
CRITICAL MINERALS AND ACCESS TO ALL MINERALS-AEMA
While the calls to action are all essential components of the strategy, of greatest interest to domestic mineral producers are the actions, goals and recommendations related to mineral access and permitting reform. Notably, the strategy contains a very broad definition of access, to include all aspects of making minerals available for exploration and development, such as infrastructure to reach the mineral or mine, land-use policies, and permitting reform. These goals and recommendations would apply broadly to mineral resources and are not limited to the list of 35 minerals that the Department of Interior has identified as “critical.” The call to action on mineral access and permitting (see pp. 37-43) contains eight goals and 19 recommendations.
The report is important to industry efforts to prevent egregious amendments to the Mining Law, open lands to mineral entry, prevent future withdrawals, and enact permitting reforms.
2018 EOMA SILVER MEDALLIONS FOR SALE
EOMA will not be minting 2019 medallions. We still have 2018 medallions available, as well as some medallions from previous years. They 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, you can buy them at our EOMA meetings.
EOMA ADVERTISING AND SALE LISTINGS
FOR SALE: BURNT BRIDGE CLAIM
This 20 Acre claim is located on the North Fork of the Burnt River in the Wallowa-Whitman National Forest. Burnt River Road runs parallel to the river from one end of the claim to the other offering excellent access to the river and campsite. Claim contains over ¼ mile of river open to dredging. Copies of approved 2017 DEQ permit 600 PM and 2017 DEQ 700 PM (4” suction dredge) available. This claim is for sale for $2500. Contact Joe Toce email: toceja@hotmail.com
EQUIPMENT FOR SALE-
20TPD FREE GOLD-Sulfide, semi-portable mill in NE Oregon. 9”x36” jaw, secondary crusher, 7’x36” ballmill, 9 flotcells, gravity circuit, jig-table, +pumps, filters, tanks, bins, building, assay-smelter lab. Everything included for full milling operation. For more information, call Kay Lyons at 503-349-6053 or Thom Seal at 510-418-5779 tseal@unr.edu
FOR SALE
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.
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
FOR SALE TWO 80 ACRE ASSOCIATION PLACER CLAIMS (5)
Because of health reasons, we are selling our two 80 acre Association Placer Claims. These two claims are the last two claims on the top end of Elk Creek, a short distance from Baker City. A road goes through most of it. Sell for $7,000 each, will take gold, silver or will sell for a lesser price for cash. Call Ken at 541-519-9497 or Chuck at 541-310-8510.\
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.
$1,500 · ELECTRIC T-60 TILT VCELLA KILN
The Vcella T-60 is the older version of the TL60. Completely rebuilt, new brick, new coils, new graphite crucible. The newer version of it is the TL-60 advertised in the ICMJ. It will smelt up to several hundred pounds of brass, copper, silver and Gold. Call (541-310-8510)
BLUE SKY PLACER MINE $7,500
Three mining claims, two on Bull Run Creek, and one on Swamp Creek, a tributary of Bull Run Creek. The mine has a Plan of Operation and is set up for a trommel and backhoe operation. Can assume the plan and the $1,400 Bond. Six off channel ponds. Number six pond is the fresh water pond and number five you can discharge into. Can pan gold out of the tailings. Quite a bit of testing done and assay work; has all of the 17 Rare Earth Minerals. Call (541-310-8510)
SUE PLACER FOR SALE-$12,000
The Sue is located on the North Fork Burnt River, which is open for suction dredging, and is accessed by a good county road. The North Fork has a long dredging season-July 1-October 31 each year. I am selling the 20-acre Sue claim, along with two dredges (a 4” and a 6”), two trailers for them and accessories, two wet suits with weight belts, one repair kit and a few other items. There is also an approved Plan of Operation with the Forest Service for using a trommel and mechanized equipment beside the river. The equipment alone is worth over what you will be paying for the total package, it's like getting the claim for free. For information call Stan Baker 541-938-8353 HM
509-386-7465 CELL swbrockett@msn.com.
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