EASTERN OREGON
MINING ASSOCIATION
APRIL 2019
Volume 355
EASTERN OREGON MINING ASSOCIATION MEETING
Meetings are held on the first Friday of the month. The next meeting is Friday, APRIL 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!
PRESIDENT’S MESSAGE
Elections were held at the March meeting. The results of the election are as follows:
Executive Board 2019
President - Ken Alexander
Executive Director - Chuck Chase
Vice President - Dan Johnson
Treasurer - Bobbie Danser
Corresponding Secretary - Alice Knapp
Recording Secretary - Norma Myers
Director of Governmental Affairs - Terry Drever Gee
Mineral Policy Director - Jan Alexander
Sergeant- At- Arms - David Graham
Board of Directors 2019 & 2020
1 - Ron Anderson 7 - Russ Fleetwood 13 - Thom Seal
3 - Wanda Ballard 9 - Larry Chase 15 - Pam Haney
5 - Tommy Partee 11 - Johnny West
YOUR MEMBERSHIP DUES WERE DUE JANUARY 1ST
If you can’t pay in person, please send your $35 dues ($40 for a couple) to the EOMA, PO Box 932, Baker City OR 97814. You should also be able to pay with a credit card or pay pal on our website. www.h2oaccess.com If you want a $40 membership and pay on the website, just donate $5 along with your $35 membership payment and we will get you credited with a dual membership.
REGIONAL FORESTER WITHDRAWS DRAFT RECORD OF DECISION AND EIS FOR THE WALLOWA-WHITMAN, UMATILLA AND MALHEUR FOREST PLANS
Forest Service Acting Deputy Chief and Reviewing Officer Chris French issued a letter to Regional Forester Glenn Casamassa explaining why the revised Forest Plans should be withdrawn.
“Many factors compounded to produce revised plans that would be difficult to implement,” said French. “While my review did not identify any specific violations of law, regulation, or policy, significant changes occurred over the 15-year time period of the planning process.”
French added that a number of plan modifications occurred that were often complex and not well understood, and there were a number of changes in organizations, stakeholders, and key Forest Service staff. The Revised Plans also did not fully account for the unique social and economic needs of local communities in the area. “The resulting plans are very difficult to understand, and I am concerned that there will be ongoing confusion and disagreement as to how each Revised Plan is to be implemented,” added French.
The Forest Plans for the Umatilla, Malheur, and Wallowa-Whitman have been under revision for nearly 15 years. The Final EIS, three Revised Plans, and the draft Record of Decision were released in June 2018 for the pre-decisional objection process. Approximately 350 objections were filed on a variety of issues, most significant being access and travel management, impacts of the plan decisions on local communities, the Aquatic and Riparian Conservation Strategy, wildlife issues, and forest management. Objection resolution meetings were held in five different communities in November and December of 2018. Over 300 people participated voicing concerns and clarifying objections on a wide variety of issues.
“I recognize the hard work and commitment of Forest Service over the last 15 years,” French explained. “I also realize how much dedication, energy, time, and effort that the public has put into this process. I am confident that the information and data collected and analyzed, as well as the breadth of objection issues, can be used to inform our next steps.”
Existing Land and Resource Management Plans, as amended, will remain in place as the Forest Service determines next steps for the Umatilla, Malheur, and Wallowa-Whitman National Forests.
DEQ SUCTION DREDGE PERMITS
There seems to be a lot of confusion over Oregon’s suction dredge permit program. The current permit expires this year, and DEQ may or may not be able to come up with a new 5 year permit for 2020-2025.
Most miners in this area are not interested in paying $500 for a dredge permit, but in some areas of the state, suction dredging is the only way a claim can be mined. If a miner buys a dredge permit this year for $500, and applies before October 1, 2019 for renewal of the permit, a renewal fee as well as the annual fee will be necessary. It is important for a 700PM registrant to renew permit coverage before October 1, 2019 (current 700PM expires on January 1, 2020) because DEQ cannot renew or assign new 700PM coverage after the permit has expired. If a registrant renews 700PM coverage in time, he will be able to operate under an expired 700PM permit by administratively continued coverage if DEQ does not get a new 700PM issued by January 1, 2020 expiration.
If a new application is received at the end of 2019 for permit coverage in 2020, then to register, that applicant will submit a new application and pay a fee of $500 as well as a renewal application and pay a fee of $250 for a total of $750 to register for permit coverage in 2020.
One other important piece of information most miners do not realize, is the permit is for five years and fees must be paid every year. If a miner does not plan to mine for one or more seasons, that miner must inform DEQ in writing that no mining will take place and no fees will be paid. Two miners that we know of were turned over to collection agencies when they failed to pay their fees. They were not aware that they had to write DEQ to cancel their permits.
ROUND TABLE DISCUSSION SET FOR APRIL 5, 2019-Terry Drever Gee
Friday, April 5, 2019, at 2:00PM is the date set for the next Round Table Discussion. The meeting place is the court house. BLM, Forest Service, Baker County and EOMA all participate in this discussion. The public is invited to attend. It is always interesting to find out what projects each agency is working on. The EOMA monthly meeting falls on this same date, so be sure to attend both meetings.
BONNANZA MINING OPERATION -DEQ HEARING
Ken, Alice and I attended this hearing. The room was packed, and people were very interested in the proposed operation. All testimony was positive except for one guy who had recently moved to Halfway from California and was worried that his well would be contaminated. DEQ personnel were professional and ran the meeting well. Tom Bonn and Dan Johnson answered questions and talked one-on-one with the attendees. The consensus was “these people are locals, they will take care of the land”.
MSHA ANNUAL REFRESHER TRAINING APRIL 13, 2019
There are only four seats left for the April 13 class. This is an 8 hour training session, with the class starting at 8:00AM. The instructor for this course is Ed Sinner. The place of the training will be Baker Technical Institute, BTI, located at 9TH and G Streets in Baker City.
Classes must not exceed 30 miners, so reserve a space: call Jan Alexander at 541-446-3413.
MSHA NEW MINER TRAINING JUNE 11, 12, 13 HELD AT BLM OFFICE IN BAKER
We already have 14 miners signed up to attend new miner training in June. The training will be held at the Baker BLM office at 3100 H Street. Class starts at 8:00AM. Ed Sinner will be the instructor. We have room for 16 more miners. Call Jan Alexander at 541-446-3413 if you are interested in this training.
HOW TO TRACK A LEGISLATIVE BILL-Tom Quintal
This year the Oregon Legislature is controlled by a Democratic super majority, so we all need to stay informed. It would be helpful if more of us would take the time to see what our legislators are trying to impose on Oregon citizens.
For folks who would like an easy way to track Oregon legislative bills, just do a search for The Oregonian tracker, and add it to your favorites list. This system is much easier to use for those who have a problem using the Oregon Legislative web site, and using E-subscribe, then trying to navigate through it to find a bill, or find out about a committee hearing Time and Date and Hearing Room.
Use “the Oregonian tracker and it will speed up the process. I use it to save time looking up bills on my PC when I hear someone mention a bill that we might have an issue with.
We need more citizen participation with many eyes looking at bills to see what this legislature is up too. We get the kind of government we participate in and the kind of government we deserve.
WILDERNESS STUDY AREAS-BLM-AE&M
As AEMA advocates for access to public lands, a consistent barrier continues to exist, Wilderness Study Areas (WSA). A key component of our 2019 Policy Agenda is to work with policy makers in Congress and the Administration to begin the process of releasing the 12+ million acres of WSAs that are currently off limits to mineral entry.
AE&M supports all miners’ rights. EOMA is a member, as are other individual miners. If you are interested, go to their website for a membership application.
SUPREME COURT RULES ESA CRITICAL HABITAT MUST BE HABITAT FOR LISTED SPECIES- Svend Brandt-Erichsen, Paul Weiland and Crescent Cheng
On November 28, 2018, the U.S. Supreme Court ruled that an area is eligible to be designated as “critical habitat” under the Endangered Species Act (ESA) only if the area is habitat for the relevant threatened or endangered species. Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, Dkt. No. 17-71. The Court vacated the U.S. Court of Appeals for the Fifth Circuit’s decision, which held that the ESA has no habitability requirement, and remanded the case to the Fifth Circuit to consider the meaning of “habitat” under the ESA. Additionally, the Court held that a decision by the U.S. Fish and Wildlife Service (Service) not to exclude an area from designated “critical habitat” is subject to judicial review. These two holdings are likely to limit the Service’s expansive interpretation of its authority and provide the regulated community with the ability to challenge critical habitat designations where such actions have adverse economic consequences.
Under the ESA, “critical habitat” may include areas that are not currently occupied by a listed species, if the Service determines that such areas are “essential for the conservation of the species.”
“Only the ‘habitat’ of the endangered species is eligible for designation as critical habitat.”
The Supreme Court also concluded that the ESA’s definition of “critical habitat” allows the Service “to identify the subset of habitat that is critical, but leaves the larger category of habitat undefined.” The Court noted the competing definitions of “habitat” offered by the Service and Weyerhaeuser The Service argued that habitat includes areas that require some degree of modification to sustain a species, while Weyerhaeuser, who prevailed in the case, insisted that an area cannot be habitat if it cannot currently support a species.
POWDER BIOLOGICAL ASSESSMENT AND CRITICAL HABITAT-Ed Baldwin
On the Wallowa Whitman National Forest Ed Baldwin, EOMA member and miner on Deer Creek, was notified by the Forest Service that he had “applicant status”, because his claims are within “critical habitat” for bull trout. Due to increased mitigation measures that would be added to his mining plan, Ed had the opportunity to review the Biological Assessment (BA) written by the Forest Service on his proposed mining operation on Deer Creek.
Deer Creek does not have bull trout, as the BA plainly states. Deer Creek is listed by DEQ for warm stream temperatures, which will not support bull trout, a cold water fish. Immediately downstream of Ed’s claims are several miles of bucket line dredge tailings where the stream warms even more, and irrigation ditches that deliver the water tor hay fields. The BA also states Cracker Creek is critical habitat. Again, warm stream temperatures and miles and miles of bucket line dredge tailings. Neither stream meets the definition of critical habitat. AC, Hi Bar, David, Blue Jay, Fine Gold, as well as the Return Placers are affected by this false information in the BA.
POWDER BIOLOGICAL ASSESSMENT ERRORS-Jan Alexander
There are so many errors in the Powder BA, thank heavens Ed Baldwin and Guy Michael took the time to point these out to the Forest Service. This document would have gone to USFW, and because of the inaccurate information, the Powder Mining project would have been delayed.
The BA has Salmon Creek 5 miles away from bull trout critical habitat, when, in fact, Salmon Creek has a population of bull trout. The BA has Fruit Creek listed as “critical habitat” when there are no bull trout and there are 6 barriers that would keep bull trout out of the stream, even if Cracker Creek had the fish. The BA states bull trout occupy Cracker Creek, while the stream where there is a small population of bull trout is named Little Cracker. The BA has California Gulch on Lake Creek, instead of California Gulch; the Dead Horse and Slow Poke on McCully Creek instead of Buck Gulch; Tough Luck Charley on Union Creek instead of Bridge Creek.
The BA incorrectly informs USFW that: “The start date for the proposed Plans (10 year duration) will be the day the Record of Decision is signed by the responsible official”. The start date is actually when the mine operator signs off on the mitigation measures and posts the required reclamation bond. The BA also states that suction dredging in the dredge tailings portion of Cracker Creek will cause “permanent impacts”. Each spring during high water, all dredge holes are refilled. These holes can hardly be called “permanent”.
The BA states the Bald Mountain ponds are ½ acre. The POO plainly states these existing 3 ponds are 150’X150, 150’X100’ and 100’X70 (i.e. 1 acre). I did not check the other acreages but for sure the Bald Mountain Ponds acreage is not correct.
If the inaccurate information was taken from the Draft Powder EIS, miners waiting for ten or more years for their Plans to be approved will be in for another wait while the document is corrected.
EOMA WILL NO LONGER MINT SILVER MEDALLIONS-Ken Alexander
At the March meeting, a decision was made not to continue minting of EOMA silver medallions. The cost for each medallion has gone up, and the mints do not want to bother with small orders, like ours. EOMA has several extra medallions of some years. If people have collections and want to fill in the medallions they don’t have, give Ken a call at 541-446-3413.
SEND YOUR NEWSLETTER ITEMS
If you have information, interesting articles about mining to share, or agenda items for the meeting, 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.
EOMA ADVERTISING AND SALE LISTINGS
2018 EOMA SILVER MEDALLIONS FOR SALE
We still have 2018 medallions available. 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.
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
OPPORTUNITY -Looking for someone mechanically inclined to learn about 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
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.\
EOMA ADVERTISING AND SALE LISTINGS
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.
MINING EQUIPMENT FOR SALE
One trommel 6ft long and 2ft across in a frame, 2 sluice boxes 7ft long, 1ft wide and 7 inches tall, 5 sets of riffles 3 3ft and 2 2ft, a 10 1/2 HP Briggs and Stratton Motor, a hopper box, a metal standing platform diamond cut and some other items for the trommel. It just needs to be put together, but is pretty much complete. Also, a boat trailer to mount it on.
Also for sale, a rock classifying screen with 1/4 in square holes in a frame with bearings on both ends. It is 5 ft 4 inches long and 18 inches across. It just needs a motor. I have a hopper box for it. Also, two good truck bed trailers and a pop up tent trailer. Make me an offer.
I also have a 1965 Aloha trailer for sale-$500.00 or best offer. Call Kenneth Brasel 541-519-3305
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.
SUBSCRIBE TO MINING JOURNAL FOR UP TO DATE NEWS
ICMJ’s Prospecting and Mining Journal is your monthly source for news, legislation, how-to articles and more. A full year (12 issues) is still only $27.95; or get a print and online subscription for just $31.95 and get access to our last 16 years of articles online too. Published monthly since 1931. Visit us at www.icmj.com or call at (831) 479-1500 to get your subscription started today.
|
