EASTERN OREGON
MINING ASSOCIATION
JANUARY 2015 Newsletter
Volume 304
EASTERN OREGON MINING ASSOCIATION MEETING
The meetings are held on the first Friday of the month. The next meeting is Friday, January 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.
WE APPRECIATE YOUR SUPPORT-PLEASE SEND YOUR PAYMENT FOR EOMA MEMBERSHIP NOW!
Membership and bond payments must be clearly identified in order for us to give you proper credit for paying. The information you need to renew your membership is on the last page of this newsletter.
FROM THE DESK OF THE PRESIDENT –Ken Alexander
By the time you get this newsletter, Christmas will be upon us. Jan and I send all of you our best wishes during the holidays and for the new year.
2015 will present many challenges to the mining industry in Oregon. The majority of the Democratically ruled Oregon legislature, which should be focused on jobs, and on the economy, is focused on preserving, rather than using, the natural resources of this resource rich state. I urge all of you to join OCAPA. Our grass roots efforts to sway legislators as to the importance of mining during the last session fell short of our goals, although we were able to prevent the immediate complete ban on placer mining. We need to have representation from experienced lobbyists. Rich Angstom of OCAPA, and Dave Hunnicutt of Oregonians in Action are going to do their best to represent our industry. We in turn must fund them. EOMA and Jan and I are members of OCAPA. Please join us in supporting our industry. There is a membership form enclosed with this newsletter.
LC2266 WOULD REPEAL SB838 -Jan Alexander
We will soon know if our study group did any good, as soon as the legislature is back in session after the new year. If the Governor accepts our groups recommendations and drafts a bill containing these recommendations for modifying SB838, it will help Oregons miners stay in business, particularly those in the uplands where mining would have been prohibited within 100 yards of \biologically sensitive\ waterways. In addition, the miners in our study group submitted their own bill, and Senator Boquist has also drafted a miner friendly bill. I like Senator Boquists bill, since it begins by repealing SB838, and thus, exempting the uplands from further prohibitions. EOMA has signed on as a sponsor of LC2266.
WATER POLLUTION CONTROL FACILITIES (WPCF) PERMITS-Jan Alexander
WPCF permits are necessary for all miners using water for processing. If you have several sites where you mine and process using water, you may qualify for a mobile permit. If you mine at only one site, you will need a stationary permit. Permits are free for miners processing less than 1500 cubic yards, and the cost is $213 for miners processing between 1,501-10,000 cubic yards. DEQ needs 30 days to process a mobile permit, and 90 days to process a stationary permit. Many times they can process an application faster than this, but to be sure you are in compliance with the law, get your application for the 2015 season in right after the first of the year.
DEQ will revise the WPCF permits over the next year and a half, with the new permits scheduled to be issued in January 2017. One of my biggest fears is that DEQ will assign one-size-fits-all buffers for the new settling pond permits. These buffers need to be site specific, depending on the topography, or whether a site is behind a natural barrier or behind old tailings piles. If you can find the time, DEQ will be requesting input from miners for the new permits.
PACIFIC LAMPREY EELS-Jan Alexander
The $6.7 million Snake River navigation channel dredging project was scheduled to begin Dec. 15 or soon thereafter. The U.S. Army Corps of Engineers made the decision to issue a dredging contract with a winter work window from Dec. 15-Feb. 28, and a Corps plan outlining its long-term strategy for managing sediment buildup in the lower Snake River that clogs the channel and impedes commercial navigation, and in some cases makes it unsafe.
However, Tribal and conservation groups filed suit, alleging that the project would cause \potential harm\ to Pacific lamprey. These not so \warm and fuzzy\ little guys, are \a culturally significant, treaty-reserved resource that have been integral to the spiritual, physical, and economic health of the tribe since time immemorial”, according to the Tribes. During our SB838 study group meetings, we learned about these eels, and how they attach to salmon as a means of travel. Unlike salmon, steelhead and bull trout, the eels are in the rivers all the time, either as eggs, or tiny juveniles, so no effective in-stream dredging period can be established. Thank heavens, according to court documents filed this week by the federal government and shipping interests, a judge decided that the needs of the eels do not outweigh the need to ensure, via dredging, safe passage for commercial vessels, and their operators, that ply the lower Snake River. The decision could be different if the project involved Oregons suction dredge miners.
EOMA ELECTIONS FOR 2015
The next meeting of the Eastern Oregon Mining Association on January 2, 2015, will be open to floor nominations for Board Members and nominations for the Executive Board members. The nominated officers will be in the February newsletter along with an absentee ballot for those that can’t attend the March meeting. At the March meeting the absentee ballots will be counted along with the membership ballots from those that attend and vote at the meeting. Those of you that send in absentee ballots that have dual membership, or for a man and wife, each member must check the ballot (i.e. put two checkmarks on their ballot if they are voting for the same person). The outcome of the March vote count will be in the April Newsletter.
IF YOU WANT TO DREDGE, APPLY TO DSL RIGHT AFTER JANUARY 1, 2015
(1) Applications will be received between January 1-February 28, with only 850 issued.
(2) Priority will be given to those miners who have held DSL or DEQ permits or authorizations for motorized mining below the ordinary high water mark, for the longest period of time, beginning in 2008, and running through January 1, 2014.
(3) The number of years the person has held a federal mining claim or patent since 2006.
(4) If the points are the same, and there are more applications with the same number of points for the items listed above, than the Department will use a random selection process.
(5) If less than 850 eligible applications are received between January 1 and February 28, applications received after February 28 will be awarded permits on a first come first served basis.
According to DSL, less than 850 permits were applied for in 2014.
TIME TO EXTEND YOUR BLM NOTICE-Jan Alexander
If you are one of the few remaining miners with a grandfathered notice, it is time to write BLM telling them you wish to extend your notice again. All grandfathered notices used to expire every two years on January 20, and they had to be extended for two more years. Now the date for extension is based on when your last bond was accepted by BLM. All miners should check the date their notice bond was accepted by BLM and extend every two years from the date of acceptance. If you don’t know your expiration date, call BLM and get them to check for you. Don’t let your notice expire, unless you are done working. If you do not extend your notice, BLM will write you that your notice has expired you will have to start over again.
AMERICAN EXPLORATION & MINING ASSOCIATION CONVENTION
According to attendees, the mood of the convention was a bit subdued. There were some excellent presenters, as is usual for AEMA, but with so much uncertainty about the nations leadership, and about the price of gold, miners are going into the new year in a cautious mode.
GRANITE MINING PROJECTS EIS READY TO GO OUT TO THE PUBLIC-Jan Alexander
A couple of small delays, and now the holidays, mean this EIS may not be mailed out for public comment until after the first of the year. This is actually good timing, as most of us are so busy this time of year. If you do not get a copy, request one. Be ready to read and make comments.
JANUARY 27, 2015 GREG SMITH/OCAPPA PRESENT MINING FORUM-Jan Alexander
Mark your calendars! Finally, someone has come to the conclusion that mining is good for the economy! This should be an exciting and informative afternoon, put on by Baker County Economic Developer, Greg Smith in conjunction with OCAPA lobbyist Rich Angstrom and OIAs Dave Hunnicutt. Metal miners, sand and gravel operators, support industries, ranchers, ATV advocates, legislators, local governments will all come together for this forum, which will take place on January 27, 2015 from 2:00PM-5:00PM at the old armory building in Baker City.
Three panel discussions are planned. One discussion will center around the opportunities for individuals and companies wanting to mine in Oregon, one will discuss where the industry is right now, and one will focus on what the next steps should be. We will get additional information out to our members on this important forum within the next several weeks.
RINEHART CASE-Guy Michael
Finally, in this important case, the other side is getting to their real argument; that they believe there are effects of environmental harm from suction dredging. Though this is mentioned in their prior documents, they did not spend any substantial time on the argument. But now, even though actual harm to the environment was not one of the issues the trial court or the appeals court based their decisions on, they are spending time on this supposed \harm\ as a reason for appeal to the State Supreme Court.
The argument they make about why the state regulates suction dredge mining, is based on the supposed effects of environmental harm, stating “The legislature regulates one form of mining, suction dredging, because of environmental effects of that method.” Then they add the argument that the regulation is only of a temporary nature: “The moratorium only lasts until an environmental review is completed, and new regulations in place to ‘fully mitigate all identified effects…’”
This was all argued before, but though it has been in the trial court and the appeals court, they were not deciding whether there was, or is, any harming of the environment; thus, because of this omission in their argument, there is no decision of fact on the basis of evidence submitted. The decision of fact was, or is, based on a matter of law. Can the State of California prohibit an activity that is authorized by federal law and on lands not owned by the State, even though there is evidence of both having jurisdictions for different things? This question hinges on whether the supposed temporary nature of the State law really has authority. It is interesting that all the green group has left is to use the unproven or not yet established effects of harm as a basis for their appeal to the Supreme Court of the State. They admit that the state Game Code is an “environmental regulation” adopted by the State legislature. They even admit that land use and environmental regulation is “undoubtedly different”. However, since actual harm to the environment was not what the case was about, or better yet, since there were no trial court or appeals court decisions concerning actual harm, it cannot be used as a reason to appeal the case to the Supreme Court for review, in my opinion.
NORTHFORK BURNT RIVER EIS AND APPROVAL OF MINING OPERATIONS-Jan Alexander
Ken and I have been working with the Wallowa-Whitman National Forest minerals staff in an effort to get one of our Plans of Operation approved. A similar Plan of Operation for this particular piece of ground was analyzed under the EIS. Now that we desire to work under a plan that is similar to what was analyzed, we have been met with an array of problems. The process has been an interesting one, to say the least. We document everything we do or say. I would advise all miners, when dealing with the Wallowa-Whitman staff, to do the same.
ACTION ALERT-NOW IS THE TIME TO COMMENT ON MIDAS GOLDS GOLDEN MEADOW PROJECT-American Exploration & Mining
AEMA Member Midas Golds Golden Meadows Project located in the Stibnite Mining District of central Idaho has been issued an Environmental Assessment (EA) by the US Forest Service. This permit will allow exploration drilling to continue in the same safe and environmentally protective manner that has been on-going for the past five years. A critical step in the EA process and the ultimate success of the project is the public comment period which is open now through January 5, 2015. We are asking you take a moment and join AEMA in submitting your comments in support of this exciting project.
WANT TO COMMEMORATE THE NEW YEAR? THE 2015 MEDALLIONS WILL BE HERE IN A WEEK!
There are only a handful of 2014 medallions left. When they are gone, the only way to obtain one would be if you can find another miner willing to sell one to you. EOMA medallions are beautiful proof grade one ounce silver medallions with the addition of real gold “nuggets” in the pan. 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 2014 or 2015 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.
LIST UNLIMITED ITEMS ON THE MINERS XCHANGE W/PHOTOS AND MORE FOR A $35/YEAR EOMA MEMBERSHIP
The Miners Xchange is a completely free service for EOMA members. It is a clearinghouse where EOMA members can sell everything from gold and silver, to mining equipment and properties. Like an \\eBay for miners\\, the Miners Xchange will let you list as many items as you like -- along with full descriptions, prices, shipping costs, and upload up to four photos for each. There are no posting fees, renewal fees, or transaction fees. For details, go to the EOMA website at http://www.h2oaccess.com. You need your login ID in order to post items. If you have forgotten your login ID, contact EOMA through the contact button on the website and it will be sent to you.
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