EASTERN OREGON
MINING ASSOCIATION
SEPTEMBER 2020
Volume 372
SEPTEMBER 4, 2020 MEETING AT VERN’S ELK CREEK ENTERPRISES
We will have a meeting on September 4 at the Elk Creek Enterprises saw shop located at 890 Elm Street. There is a big TIMBERUNITY sign in the window-you can’t miss it!
The Board Meeting will begin at 6:00PM with the regular meeting following at 6:30PM. Come to the meeting and let’s catch up. Don’t forget, we will give away a $50 dollar silver medallion at the end of the meeting. Come buy a ticket, support EOMA and who knows, you may get lucky!
PRESIDENT’S MESSAGE
The Covid19 flu bug has certainly made it a challenging, and rather bizarre summer, to say the least. The price of gold has made many areas with low grade deposits economically feasible to mine; deposits that were previously uneconomical. More people are beginning to realize that being able to obtain minerals of all types is essential to sustaining our society. The challenge of obtaining reasonable regulations and timely permits is still part of the landscape in the future of mining.
LOSS OF TWO GREAT MINERS
For those of you that have not yet heard; EOMA lost two members this month. Bill Holoboff died Aug 9, 2020 and is survived by his wife Mary Lou. He was an EOMA member for many years and mined on Olive Creek. He and his wife, Mary Lou, bought the Golden Gate patented property near Greenhorn, and also own a home in Granite. Bill died at home. Grays West was in charge of arrangements.
Bob Heitmanek died on August 15, 2020. His obituary can be found online in the Eastern Oregonian newspaper. Bob was an avid supporter of mining and of EOMA. Both these miners will be missed. Chuck Chase, Ed Hart and others will attend the funeral in Pendleton.
EAGLE CREEK BRIDGE-Jan Alexander
Now I have exciting news! At 5:00AM this morning (Wednesday August 26) the County moved in the new bridge. It’s longer and wider than the existing bridge, and hopefully installation will go smoothly without any hitches.
Many thanks to Bill Harvey and the Baker County Road Department, and all the others who helped make this happen.
TOM KITCHAR STEPPING DOWN AS WALDO MINING PRESIDENT-Tom Quintal
Over the many years Oregon miners have been fortunate to have you dedicate so much time and energy to help save mining in Oregon streams. I am sure most miners do not have a clue how much time it has taken out of your life to fight this battle with legislative, state and federal agencies. I have always appreciated working with you over my 25 years involvement with some of the same government folks.
I really do not see anyone stepping up to fill your shoes and I only hope you will finally get a chance to go mining without all the legal issue to worry about. I also know you have a dog in this fight, so when needed, you will contribute to help whenever you can. I once told you I gave up my government affairs position with Willamette Valley miners because our Oregon government hates mining and is out of control with restrictive regulations and I do not know what more I can contribute. A few years later your comment to me was “how is that working out for you”. So, I will stay involved like you, whenever needed as my time will allow.
Thanks again for your many years helping miners. Stay healthy, have fun and we wish Kat and you good times.
Tom Q. WVM
FOREST SERVICE MINERALS REGULATIONS SCHEDULED TO CHANGE-USFS
The current regulations went into effect almost 50 years ago (1974) and since then minimal changes have been made to the regulations.
The regulations have not kept pace with changing industry practice, numerous legal decisions, and are inconsistent with another land management agency’s regulations, the Bureau of Land Management (BLM). This includes their surface management regulations and use and occupancy under the mining laws regulations.
The Forest Service believes the regulatory revisions are needed to better manage all phases of mining operations, including reclamation, and associated reasonably incident uses in order to minimize adverse impacts to surface resources.
FOREST SERVICE REGULATIONS NEED TO BE CONSISTENT WITH BLM REGULATIONS-USFS
We want to develop the proposed regulations to increase consistency, where possible, with the BLM. Both BLM regulations govern the same types of operations and actions, which result in very similar surface impacts. We want to minimize confusion by revising 36 CFR 228 subpart A to, wherever possible, increase consistency with the BLM, so mine operators and the public are less confused by the big difference between how two Federal Agencies handle the same type activities on public lands.
We plan to adopt two of GAO’s recommendations: 1) Require a pre-submittal meeting for anyone proposing locatable mineral operations that might cause a surface disturbance to help both the Forest Service and the mining operator understand the proposal and analysis requirements; and 2). An environmental analysis won’t begin until the mining proposal contains all the information we need in order to reduce continual requests for more information.
Move toward levels of operations, similar to BLM: limited operations – no notice required; operating notice – notice but no approval required, financial guarantee may be; plan of operations – requires site-specific NEPA, Forest Service approval and financial guarantee for reclamation and any long-term maintenance.
Requiring a pre-submittal meeting as recommend by the 2016 GAO report.
Improve how we deal with non-compliance. We would like to add tools, such as suspension orders and emergency actions, to quickly address imminent safety or environmental problems.
Add clarity on what proposed operations (uses) may or may not be reasonably incident, based on law, for the proposed mining operation.
Provide greater detail around financial guarantees, including the clarification of roles and responsibilities of the operator and the agency regarding reclamation cost estimation, review of cost estimate and financial guarantee instruments, return of the financial guarantee, and seizure of the financial guarantee. This includes ways to address long-term post-closure needs.
We plan to release a draft EIS and proposed rule in late 2020. There will be a 60-day review and comment period.
EOMA COMMENTED DURING SCOPING ON NEW MINERALS REGULATIONS
EOMA made comments during scoping several years ago. We saw the pre-submittal meeting as a way for the FS to delay the process, however, it appears this will be a part of the new regulations. When the EIS comes out, we will again make comments. This change in the regulations is sorely needed.
PINE TREE/JENNY PLAN OF OPERATION-Jan Alexander
Ray Andrews had an approved Plan of Operation for mining his claims near Bull Run Creek south of Unity. The Plan reached its duration of activities date in 2003, and was extended at that time by the District Ranger. A new Plan was submitted, the old plan was again extended, then District Rangers changed and the Forest Service informed Ray that they were very busy doing other projects, but he could hire consultants to do his NEPA analysis. Of course, the regulations require that the Forest Service do this analysis, but they didn’t tell Ray this.
Ray died waiting for his Plan to be approved. His son now owns the claims, and he too, is stuck in the “waiting game”.
The analysis could easily be accomplished in a short EA. The proposal is for a small-scale placer mining operation, processing onsite using settling ponds with no discharge. There are no endangered species; neither fish or wildlife. The area has been impacted from previous mining, the stream dries up, and there is an old dredge pond which is off-channel and makes a good water source.
This would be an easy analysis to accomplish, but still the Forest Service does nothing. Miners deserve better than the Forest Service. Maybe the new regulations will help, but unfortunately, those of us who have claims on the National Forest will still be dealing with the Forest Service.
ENVIRONMENTAL ASSESSMENTS TO BE COMPLETED IN TWO YEARS TIME
As reported in our last newsletter, the Council on Environmental Quality (CEQ) has taken action to modernize and clarify its National Environmental Policy Act (NEPA) regulations for the first time in over forty years. CEQ's final rule codifies important aspects of the Trump Administration's One Federal Decision policy, including establishing a two-year time limit and improving agency coordination.
CEQ stated, “Delays in reviews and decision-making can hold back the American economy, slowing the development of critical infrastructure, including roads, bridges, highways, transmission lines, and energy and mineral projects, and deters future investment in projects that will enhance quality of life across the country”.
Of course, in the case of the Andrews family, even when the regulations change, if the two-year process never starts, the Plan never will get approved.
The NEPA analysis of the Plans of Operation in the Powder Mining Projects EIS has long been completed. The Forest Service is waiting until fall to come out with this document to be sure there is not enough time this season for any of these miners to mine.
SMALL MINER WAIVER MUST BE SUBMITTED TO BLM BY SEPTEMBER 1, 2020
If you own 10 claims or fewer, you are eligible for the fee waiver. There is no fee involved when you file it with BLM, but the waiver must have original signatures of all the claim owners and must reach BLM by September 1, 2020.
As far as your assessment work goes, the County gives miners until September 30 to record their affidavits of annual assessment work, and BLM gives you until the end of December to get your assessment in. But if you fail to send in the waiver by September 1, your claims will be lost and you must refile.
UPDATE ON EOMA FOIA FOR INFORMATION ON GRIFFIN’S BOND SEISURE
On August 24, 2020 I got the following e-mail from the Regional Office FOIA coordinator on EOMA’s October 8, 2019 FOIA request for information pertaining to the seizure of Tom Griffin’s bond money to remove the East Eagle Creek bridge (which we all know if a county bridge and is in the possession of Baker County).
“Thank you for your inquiry into the status of your FOIA request that was assigned tracking number, 2020-FS-R6-00240-F. Your request is being processed and all responsive documents have been located however, there are more than thirty requests ahead of yours in my processing queue. I will continue to work diligently to get all of the new and referred FOIA requests processed in the order they were received so that all requesters are treated with the same attention. Your patience is greatly appreciated”.
Since it has been almost a year now since I submitted this FOIA, and all responsive documents have been located, I have requested through the National FOIA Portal that the requested documents be sent to EOMA.
MINING OPERATIONS ARE CREATING JOBS
With the rise in gold prices, larger companies are investing in mining in Northeast Oregon. Rare Earth Resources (Bonnanza Mining) is working in Halfway and employing local miners. In the Hereford and Bridgeport areas, High Bar Mining and K&E Excavating have several mining operations, either going on now, or proposed to begin soon.
On Cracker Creek, the Eureka Mine near Sumpter and the Eureka Consolidate Mine near Bourne are working. Near Willow Creek, the Malheur Queen and Octagon Constructors are in the exploration phase in preparation of mining.
Throughput the BLM, miners are working under Notices and some under approved Plans of Operation. On the National Forest, a few miners are actually mining; most just get their assessment done and leave. It is difficult to work with an agency that appears to be so opposed to mining.
DEQ WPCF PERMITS-Jan Alexander
Because DEQ requires miners to have 600 process permits, but will not issue them, they were afraid they might get sued. Anyway, they have made available an emergency 60 day permit with a fee of $733 and an application fee of $2,522 (annual fee), making the total $3255, if I am understanding this correctly.
This is outrageous, and of course, no miner will be paying for this 60 day permit.
But what this does tell us is two things (1) we need miners who no longer need their 600 permits to transfer their permits to other miners who wants to mine (2) when the new 600 permits are written, they will be spendy!
EOMA ADVERTISING AND SALE LISTINGS
EOMA SILVER MEDALLIONS FOR SALE
As most of you know, EOMA did not mint 2019 medallions, nor will we mint 2020 medallions. However, 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 your 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 541-310-8510. Also, you can buy them at our EOMA meetings.
FOR SALE EARTH MAGNETOMETER
This magnetometer measures the amount of magnetics in the ground, such as magnetite. Since magnetite is associated with gold, the magnetometer can help greatly with prospecting, since it will show you the amount of magnetite that may well be associated with gold in the ground. The more magnetite, the more gold. $400 or cash $350. Call Chuck Chase, 541-310-8510.
GOLDEN ANGEL PLACER CLAIMS FOR SALE
Located on Pine Creek, adjacent to the High Bar (Gold Rush) claims, the four 20-acre Golden Angels have an approved Plan of Operation in place. Good County road access, water for processing, WPCF permit goes with the sale. For information, call John at 541-620-1177.
GOLD CLAIMS FOR SALE (3)
6 unpatented placer claims (180 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, but additional time can be applied for). 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
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 in the fall of 2020. Call Charles Stewart at 541-910-5435 for more information. I will look at any reasonable offers.
WANTED-GOLD
Gold Specimens and Gold nuggets, mostly from Oregon mines. Fair prices paid. Also selling Gold nugget jewelry, specimens, nuggets and more. For an interesting and informative experience explore www.northernnevadagold.com. Call Robert 775-455-6470.
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