EASTERN OREGON
MINING ASSOCIATION
MAY 2012 Newsletter
Volume 272
President.............................Maureen Anderson.............................541-786-3983 Executive Director......................Chuck Chase.......541-523-3285….Fax 541-523-3285 Director of Governmental Affairs…........Terry Drever Gee ................... 541-523-6228 Editors....Chuck Chase ……541-523-3285 ...and… Jan Alexander........541-446-3413
Mineral Policy Director..............................................Jan Alexander........541-446-3413
EOMA INTERNET ADDRESS: http://www.h2oaccess.com/
EASTERN OREGON MINING ASSOCIATION MEETING TIME AND PLACE
The meetings are held on the first Friday of the month. The next meeting is Friday, May 4th, 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.
MINERS JUBILEE, JULY 20,21,22 2012
Miners Jubilee is our annual celebration of mining, with mining events and activities for all. Plan to take this week-end in July off and enjoy the Jubilee. The dates are July 20-22, 2012.
We set up our booth in the street outside the museum on Thursday evening, July 19, and we need volunteers to run the booth and talk to the public about mining on Friday, Saturday and Sunday. Call Chuck at 541-523-3285 if you can donate a few hours of your time.
Silent Auction
This is one of our big money makers and we need all kinds of donations-antiques, mining equipment, tools, mineral specimens, gold or whatever articles you would like to donate.
Call Chuck to arrange a drop-off of items at 740 Valley in Baker City.
Gold Panning for Kids
This event takes place on Friday, Saturday and Sunday. With the rise in gold prices, it is getting harder to fund this event. Is anyone willing to donate some gold? We also need garnets. Panning is free for the kids, and they get to keep the gold and garnets they find.
Silver Medallions and Gold
EOMA will have gold, silver medallions, and gem stones for sale as well as t-shirts, hats, books, calendars and other mining memorabilia.
Oregon Champion Gold Panning and Hand Steeling
The Oregon Gold Panning Championships start at 1:00 PM Saturday afternoon, followed by the Oregon Hand Steeling Championships. Cash prizes are given away in all events. Championships are awarded in three categories-Kids (12 and under); Amateurs (people who haven’t won this event before); and Professionals. Kids win not only cash prizes, but runner-ups will be awarded gold pans, thanks to Mining Product Supplier JOBE Wholesale.
FROM THE DESK OF THE PRESIDENT - Maureen S. Anderson
I want to say “Congratulations!” to everyone who rallied together to respond to the TMP recently authorized by the FS!! However...we need to recognize that this is nothing more than a delay!! Many of us feel very strongly that the FS will do nothing more than briefly pause, as it is their intention to further restrict the travel of the CITIZENS on PUBLIC LAND!! Do not ...for one moment...be fooled into becoming complacent. If you havent already drafted your appeal ...PLEASE DO SO!! If you drafted and sent your appeal...THANK YOU...but be prepared to continue the fight! Continue to call and write Senators Wyden and Merkley, continue to support Representative Walden, and continue to stay informed! Our government is out of control, but the average citizen is becoming aware and the sleeping giant is beginning to awaken. If we do not stand up to governmental control and oppression, our freedom will be lost!!
CHANGE IN FEES FOR PLACER ASSOCIATION CLAIMS
Effective with the claim maintenance fees due September 1, each 20 acre placer claim will require a separate claim fee. Association placer claims will require a claim fee for each 20 acres or fraction thereof. Thus, a 160 acre placer claim will require 8 claim fee payments instead of one. Using the current $140 per claim fee makes the amount of fees required for a 160 acre association claim $1120. The BLM says the small miner waiver provisions will stay the same, that is, the 160 acre Association claim will still count as one claim toward the 10 claim limit. Stay tuned, however, since the Washington Office of the BLM will soon be publishing updated regulations in the Federal Register to implement the statutory change.
FROM THE GOLDWATER INSTITUTE - Nick Dranias
In a showdown between the Obama Administration and the “Town Too Tough to Die”, the U.S. Forest Service is refusing to allow the City of Tombstone to repair its mountain spring water infrastructure after the 2011 Monument Fire destroyed pipelines and catchments. Despite Gov. Jan Brewers declared state of emergency to empower Tombstone to restore its municipal water supply, the feds continue to block Tombstone, citing the Wilderness Act, which was passed decades after Tombstone secured the water rights. The Forest Services decision risks the lives and properties of Tombstone residents and tourists due to the loss of adequate fire suppression capabilities and safe drinking water. This is a case of egregious federal overreach. If the Forest Service can effectively seize Tombstone’s 130-year-old water rights during a state of emergency — rights that the Service recognized as valid in 1916 — no state or local government will be safe from the feds. That’s why the Goldwater Institute recently filed for a preliminary injunction to restore Tombstone’s sovereign power to restore its municipal water supply. There is plenty of reason to believe that Tombstone will ultimately prevail.
CRITICAL AND STRATEGIC MINERALS - NWMA News Bulletin
Last month, we reported that the U.S., European Union and Japan formally asked the World Trade Organization (WTO) to settle a dispute with China over Chinas restriction on exports of raw materials, including rare earth elements critical to high-tech and renewable energy manufacturers.
In response to that petition, our friends at the American Resources Policy Network were able to get an excellent op-ed in Forbes touting the need for U.S. policies to aid the development of domestic mining.
NWMA submitted formal comments to the Office of the U.S. Trade Representative making the same argument. We emphasized the need for the U.S. to expedite the development of our significant domestic supplies of rare earths and other critical and strategic minerals rather than relying on imports from China or any other country. These minerals are the beginning of the manufacturing, national defense and renewable energy supply chains and essential to job creation and job retention - especially manufacturing jobs.
NORTH FORK BURNT RIVER SUPPLEMENTAL EIS – Ken Alexander
There are a lot of miners waiting for the Forest Service to finish their work on the NFBR SEIS. The Forest Service has been working since August, 2006 to write a supplement to fix the problems found in the 2004 North Fork Burnt River Final Environmental Impact Statement. Every year the miners have been told by the Forest Service that they would be able to go to work “next year”. Almost six years later, after three rangers, two forest supervisors, and countless excuses, the miners are still waiting for the Forest Service to complete their work. The Forest Service now expects to make a decision in May of this year. If this happens, it will still make for a late start in the short mining season. There are numerous miners who are exasperated with waiting, and are cynical that the Forest Service is really serious about finishing their work this month.
There is a huge backlog of other mining operations that are waiting for the Forest Service to review their plans of operation for environmental soundness. There would be a lot more economic activity generated by mining in this area if the Forest Service could get their work done. Government employees have jobs to study the plans of the miners, and they help the local economy since they are paid a check every two weeks no matter how long it takes them to review the miner’s plans. And miners do pay thousands of dollars in fees to the BLM and Baker County every year just to retain ownership of their claims. However, miners could contribute a lot more to the economy if the Forest Service would get their job done so that miners could go to work spending the money necessary to get their minerals out of the ground. Being able to extract some of their minerals would certainly help miners afford to pay the bills that keep coming due whether they are allowed to mine or not.
U.S. TIED FOR LAST IN WORLD OF PERMITS
Nevada Congressman Mark Amodei introduced the Strategic and Critical Minerals Production Act (H.R. 4202), \aimed at streamlining the federal permitting process for mineral development\ according to an interview on Mineweb.com. He argued that the US is tied for last with Papua, New Guinea in the world in permitting mines due to permitting delays. The bill would \limit the total review process for mining permits to a maximum of 30 months unless signatories agree to an extension.\ Amodei said H.R. 4202 \ensures American mineral mining projects are not indefinitely delayed by frivolous lawsuits by setting reasonable time limits for litigation\ including setting a 90-day time limit to file a legal challenge to an energy project. The bill requires legal challenges to a mining project be filed in the judicial district where the project is located, and limits any preliminary injunctions to halt mining projects to 60 days unless the court finds clear reason to extend the injunction. \Decade-long permitting delays are standing in the way of high-paying jobs and revenue for local communities,\ Amodei, observed. \This bill would streamline the permitting process to leverage our nations vast mineral resources, while paying due respect to economic and environmental concerns.\
WATCHING YOU-MORE DRONES BEING USED IN U.S.
There are at least 63 active drone sites around the U.S. used to launch drones, Federal authorities have been forced to reveal this information following a landmark Freedom of Information lawsuit. Both the Department of Agriculture and the Department of Interior are registered owners of drones.
Read more: http://www.dailymail.co.uk/news/article-2134376/Is-drone-neighbourhood-Rise-killer-spy-planes-exposed-FAA-forced-reveal-63-launch-sites-U-S.html#ixzz1szJhzpxh
GREATER SAGE-GROUSE UPDATE - NWMA News Bulletin
In the first stage of the sage-grouse wars, NWMA filed scoping comments regarding incorporating greater sage-grouse conservation measures into BLM and U.S. Forest Service Resource Management Plans/Land Management Plans.
NWMAs comments were developed by our Public Lands and Environmental Issues committees and the leadership of a select sage-grouse team consisting of:
Michael Bogert - Crowell & Moring, LLP
Barbara Craig - Stoel Rives, LLP
Rich DeLong - Enviroscientists, Inc.
Brian Hanson - Baird-Hanson-Williams, LLP
Melissa Sherman - Enviroscientists, Inc.
Debbie Struhsacker - Consultant
Our comments emphasized that the agencies do not have the science (or the science they do have is out-of-date, inadequate or otherwise deficient) to support the draconian conservation measures included in the Sage-Grouse National Technical Team Report or to support an eventual Endangered Species Act (ESA) listing.
NWMA supports taking measures to avoid an ESA listing for the sage-grouse, but the conservation measures proposed by the Sage-grouse National Technical Team are draconian, focusing on limiting or restricting the use of federal public lands, including mandatory withdrawal from mineral entry for core habitat areas and validity exams for pre-existing claims in those areas.
IMPORTANT SUPREME COURT RULING - NWMA News Bulletin
In a significant ruling, the U.S. Supreme Court in Sackett v. EPA ruled unanimously that property owners facing an EPA compliance order under the Clean Water Act (CWA) can seek judicial review before being forced to comply.
The case involved a couple in Priest Lake, Idaho who challenged EPAs issuance of a CWA compliance order against them for filling wetlands without obtaining a permit. The Sacketts did not believe their land contained wetlands, but they had no legitimate avenue to challenge EPAs determination without subjecting themselves to an EPA enforcement action and enormous fines of up to $75,000 per day.
The government argued the Sacketts claim was invalid because judicial review is available once enforcement actions go to court. The Court disagreed, finding that the Sacketts should be able to contest EPAs findings under the Administrative Procedures Act (APA). The Justices found the CWA does not preclude judicial review under the APA. Justice Scalia, in the majority opinion, noted the CWAs \presumption of judicial review is a repudiation of the principle that efficiency of regulation conquers all....there is no reason to think that the Clean Water Act was uniquely designed to enable the strong-arming of regulated parties into voluntary compliance.\
The courts decision applies narrowly to the Sacketts ability to seek judicial review under the APA, and does not resolve the larger question of how broadly the CWA can or should be interpreted by the EPA.
So what does it mean? According to NWMA Trustee Michael Bogert with Crowell & Moring, LLP, at its narrowest, the Courts ruling means Clean Water Act administrative compliance orders can be judicially reviewed solely for jurisdiction. At its broadest possible application, the case is a lynchpin for future EPA enforcement reform by Congress and precedent for judicial challenges to other environmental statutes, such as the Clean Air Act and CERCLA, for failing to provide pre-enforcement judicial review of similar enforcement orders.
ANOTHER CLEAN WATER ACT COURT VICTORY - NWMA News Bulletin
Two days after the Supreme Court decision in the Sackett case, an Obama-appointed federal judge, Judge Amy Berman Jackson, issued her strongly worded opinion in Mingo Logan Coal Company v. EPA, ruling that EPA has no authority under the Clean Water Act (CWA) to nullify a Section 404 permit issued by the U.S. Army Corps of Engineers (Corps) after the permit has been issued. In 2007, the Corps issued a CWA Section 404 permit to Arch Coal, Mingo Logan, Inc., Spruce No. 1 Surface Mine after an extensive 10-year environmental review, including a lengthy environmental impact statement (EIS) in which EPA fully participated and agreed to all the terms and conditions included in the authorized permit. Three years later, EPA issued a final determination to withdraw the use of certain waters as disposal sites for discharges of fill material authorized under the permit, prompting Mingo Logan to file the challenge.
The judge found the Clean Water Act included a strong policy favoring the finality of permits so that the permit holder, along with lenders and investors, could rely on the permit to proceed with projects and not be subject to \open-ended risk of cancellation.\ The case is important as this was the first time EPA attempted to use its Section 404 veto authority retroactively, against a valid permit. The court found that the plain language of the CWA precludes EPAs interpretation of Section 404(c), and that, even assuming the Act is ambiguous, EPAs reading of Section 404(c) was unreasonable. NWMA participated, with NMA and 18 state mining associations, in an amicus brief in support of Arch Coal.
F.S. WITHDRAWS THEIR ROAD CLOSURE PLAN- Jan Alexander
Wallowa-Whitman Forest Supervisor Monica Schwalbach withdrew her decision to close over 4,000 miles of road on the Wallowa-Whitman National Forest after a huge public outcry. Many of these roads being closed were access to mineralized areas, some were access to private land and water right points of diversion. Many roads were county roads. There were numerous phone calls, demonstrations, letters to the editors, town meetings, and appeals. Senator Ron Wyden and Jeff Merkley and Representative Greg Walden put considerable pressure on Ms. Schwalbach and on her boss, Regional Forester Kent Connaughton, to withdraw the decision and take another look at this plan. It actually worked.
This says a lot about the power of the people. But this is no time for complacency. Take a minute to call or e-mail Senators Wyden and Merkley and Representative Walden and thank them for their support in this matter and re-emphasize your disagreement with this all the things wrong with this plan. The Forest Service is just waiting for things to calm down and people to forget about what the government is doing to them. We have not seen the last of the Travel Management Plan, and that is a fact.
Fred Warner Jr, Baker County Commissioner, is working with Union, Wallowa, and Grant Counties to ensure that the onerous TMP is not implemented as Ms. Schwalbach intended. The Counties stand firm that access to mines, private land and water right points of diversion must not be at the discretion of the Forest Service utilizing Special Use Permits (SUP). Land owners have been told by the Forest Service that they will be denied access to their private land if they do not sign a SUP. These permits can be cancelled at any time by the government, include an undetermined fee to be paid every year, are not transferable, and cannot be passed on to your heirs. In addition, the permit lasts only 20 years and then the land owner can be required to obliterate his access road and go away.
EOMA CALENDARS FOR 2012
The Calendar is better than last years and at the same price. So order your calendar now for the price of $7.50 each, or three for $21 bucks, plus a buck each for shipping. There is an order form in the back of the newsletter. If you’re using an old newsletter order form just mark out the 2011 and put in 2012 calendar.....
UPDATE F.S. RECLAMATION BONDS -Jan Alexander
EOMA has contacted Whitman Unit Ranger Jeff Tomac concerning reclamation bond calculations. We made two requests pertaining to the EOMA MOUs with the Forest Service which will considerably reduce the amount of our reclamation bonds.
#1.Use Local Rates up to the MOU bond amount
All bonds, whether the miner is bonding under the MOU or not, should be calculated initially at local rates. If EOMA has decided to bond the mine operator’s equipment or structure for removal, our request is that the cost of the dirt work be calculated before the cost of equipment removal is calculated.
Calculate the dirt work portion of the bond using local rates. If additional MOU bond remains under the appropriate $1500 or $3,000 MOU, continue to calculate the bond for equipment removal. When $1,500 is reached, that will be the portion of the bond that is EOMA’s responsibility. Now, start at zero and calculate the remainder of the bond for equipment removal at local rates. If this portion of the bond exceeds $2,000, recalculate only this portion of the bond at Davis-Bacon rates.
Under an excellent operator $3,000 bond, dirt work and equipment removal are guaranteed up to $3,000. Thus, excellent operator bonds should be calculated at local rates until the amount reaches $3,000.Under the regulations, bonding is at the discretion of the District Ranger, so the ranger has the authority to use only local rates up to $3,000 if he chooses this option. When $3,000 is reached, that will be the portion that is EOMA’s responsibility. Now, just as with the $1500 bond, start at zero and calculate the remainder of the bond at local rates. If the second portion of the bond, above and beyond what EOMA has agreed to reclaim, exceeds $2,000, go back to the zero point and recalculate the second portion of the bond at Davis Bacon rates.
#2. The Bond items for Weed spraying/Tree Planting are Unreasonable
Making the miners post bond, above and beyond the MOU bond, which adds the cost of hiring a contractor for two full eight hour days of weed spraying ($478/site) for operations that are simply digging a few test holes is not reasonable. Miners are responsible for controlling noxious weeds in the areas they disturb, but paying for 100 acres of weed control when they only have impacted less than an acre is not reasonable. This appears to be worse case scenario bonding, or bonding being required for areas the miner did not impact. Neither of these is required under the regulations.
EOMA is also concerned about the portion of the bond for purchasing 1,000 trees ($75/operation) and planting these trees ($239/operation). Most of our sites are so small that trees will seed in naturally and the Forest Service is tacking on $314 to each and every bond. David Baker’s mining site was logged under a Forest Service contract, no tree planting took place, and the site is now full of small trees. Miners should not be treated differently than loggers. In addition, some operators work where there are no trees, such as Clarence Blaylock in the old rock tailings area. Miners should be required to plant trees if they remove trees in large tracts of land, however, in small sites, natural regeneration will take care of the tree planting. EOMA has requested that the Forest Service look at each site and reconsider tacking on $792 to every bond. Reclamation bonds should be tied to the actual reclamation needs of the site.
EOMA SILVER MEDALLIONS
We still have a good stock of 2012 medallions with real gold nuggets in the pan. These medallions are currently selling for $50 apiece plus $5 shipping, handling, and insurance. Due to the volatility of the silver market, these prices are subject to change. You can order one from the EOMA website, or send in $50 plus $5.00, to EOMA, Medallions, PO Box 932, Baker City, OR 97814, or call Ken Alexander, 541-446-3413.
SERVICE CONTRACT ACT OF 1965, AS AMENDED-Jan Alexander
The Service Contract Act regulations are ideal for calculating small reclamation bonds, since these regulations apply to small contracts up to $2,500 and include all the types of activities that take place in mining reclamation. Contracts for removal of structures, trailers, equipment, clean-up and refilling excavations and recontouring the land (landscaping) are all covered under these regulations.
Under the Service Contract Regulations, equipment operators performing small reclamation jobs that only take a few days, can be paid by the fiscal officer at the local level. These contracts are cheap to administer (the Forest Service mining administer does not have to be a COR) and literally hundreds of dollars spent by contracting personnel in developing paperwork, can be eliminated.
The basic requirements for paying the personnel conducting the reclamation under the Service Contract regulations come from the Fair Labor Standards Act. This Act requires that minimum wage is paid, and that overtime pay is given for work over 40 hours.
Under the Service Contract Regulations, Federal agencies may use, and often do use, the nearest equipment operator to the project, and this person may or may not be a licensed, bonded contractor. There is so much more flexibility under the Service Contract Act, and the bond money goes so much further, that using this authority for small mining bonds just makes sense.
WOMEN’S MINING COALITION D.C. FLY-IN From NWMA News Bulletin
The Womens Mining Coalitions (WMC) 20th Annual Fly-In to Washington, D.C. will take place May 6-11, 2012. This is a great opportunity for the members of WMC to introduce themselves, our industry, and their organization to the new and returning members of Congress. All women working in the mining industry are encouraged to participate in this years Fly-In.
WMC is soliciting sponsorship for costs related to participants and Congressional receptions, printing-related expenses, and staff expenses.
If you or your company is interested in becoming a sponsor or if you would like more information, including a tentative itinerary, email Lynne Volpi, WMC Coordinator, at lvolpi@frontiernet.net.
OREGON MINERS LEGAL FUND-Chuck Chase
Big thanks to the Mining Organizations that continue to support the current ongoing litigation.
Our expenses continue to mount up since justice doesn’t come cheap in today’s world. A real big thanks to Dave Rutan, founder of Oregon Gold Trips,llc, Chetco River Gold & Exploration,llc, http://www.oregongoldtrip.com/ and Harvey Halverson for their generous contributions. If I missed anybody who personally donated to our ongoing litigation, please accept my apologies. Send me an email or a note and we will acknowledge you in the next newsletter
REWARD POSTERS ARE AVAILABLE
The Eastern Oregon Mining Association $1000 reward posters are printed on laminated poster board. Putting these up on your mining site may give the thieves second thoughts about stealing your equipment. The posters will sell for $2.50 each and will be available at the next meeting. You can also order one by calling Chuck at 541 523 3285
COUNTY RIGHT ON 2477 ROAD CLOSURES - Fred Kelly Grant
Trade Mark America announces that the Idaho BLM has chosen to ignore coordination and seek an \emergency\ order from B. Lynn Winmill to block Custer County, Idaho from opening an RS 2477 right of way which under Idaho law is part of the County road system. Keep in touch with Trademark America on its website for the latest news. http://www.trademarkamerica.org/ All of you folks are urged to get out the word---to Sheriffs throughout the west----the Idaho BLM has taken on the Tenth Amendment authority of the State of Idaho in setting the process for validating RS 2477s and of Custer County in following state law for validation of rights of way.
Custer County, Idahos Board of Commissioners, following the dictates and directions of Idaho law, held a properly noticed hearing for the purpose of determining whether the Herd Creek road in the County is a valid RS 2477 right of way. The evidence showed that the road that had been closed by the BLM was in fact an RS 2477. The road led to a camp ground that had been constructed by the BLM itself at great taxpayer expense, and led to grazing allotments---with ranchers using the road to reach the fences for maintenance. The BLM closed the road without explanation as to why it was closed---blocking the public from using motorized vehicles of any type to reach the camp ground or the allotments beyond.
The BLM was notified of the hearing date, yet chose not to appear to offer evidence as to why the road was not a valid RS 2477, why Idaho law should not be followed, why the road was closed, and any federally valid reason why the road should be closed to public use of an RS 2477. By every law known to man, the BLM waived its right to challenge the proceedings by the Board.
The Board heard the evidence, and entered Findings and Conclusions validating the road as an RS 2477 pursuant to Idaho law and to decisions of the federal courts as to the authority of states to engage in developing the process for opening/closing of RS 2477s. Before leaving office, Secretary of Interior Gayle Norton wrote a policy memorandum saying that state law did apply.
The Chairman of the Custer County Commissioners met with the State Director of the BLM on April 2, 2012 and discussed the BLMs failure to appear and present evidence at the hearing and the Countys plan to open the road and why the road would be opened. The Chairman invited coordination pursuant to the Federal Land Policy Management Act that mandates that the BLM coordinate management actions with local governments. The Chairman said that the County intended to open the road on Sunday, April 15, as previously announced to the District Manager of BLM, unless the County determined that it would be unsafe to open it because of snow or weather. The Chairman made it clear that the County would observe public safety and health measures and would not open the road if openness created danger. In all respects, the Chairman followed not only state law, but also federal law as included in FLPMA. At the end of the meeting the Chairman expected to hear from the State Director regarding an attempt to coordinate the issues.
Instead, and without further ado, the United States Attorneys office contacted the County attorney just before 5pm yesterday, Thursday, April 12, 2012, and asked whether the County intended to open the road on Sunday, April 15 as announced to the State Director. Then, at mid morning today, the County attorney began to receive motions and supporting declarations seeking entry of an emergency order blocking any attempt to open the road----the motion being filed in the court overseen by B. Lynn Winmill. To this moment, there has been no contact by the State BLM Director with the Chairman of the Board of Custer County----thus FLPMAs mandate of coordination has been totally ignored.
This deliberate attempt to block the lawful authority of the Custer County Board of Commissioners, in violation of state law that directed the Custer County actions and federal law that required coordination, raises to the highest level the Tenth Amendment authority that forms the base of our federal system.
The Custer County Commissioners, and the Countys sheriff, stand ready to open the road at 10 am on Sunday, April 15, 2012. The Chairman advised the state Director on April 2 that he asked the Sheriff if he was \behind us in this\ and the Sheriff replied, \I will be right IN FRONT OF YOU.\ A later report today will state the nature of any \emergency\ order that Winmill may issue.
GET SOME GOLD AND HAVE FUN WITH EOMP
For more fun this summer take a look at our sister organization, Eastern Oregon Miners & Prospectors, Inc. They support us with their membership and contributions to our legal fund. Their website is: http://www.eomp.org/index.html. They are a working and educational organization with several claims where you can experience actual mining and get gold. They have several rendezvous during the year and have a lot of fun digging and processing material for that elusive yellow metal. For a $75.00 annual family membership you can mine on any of their claims when it fits your plans. Join the organization you will learn a lot and meet other miners, and of course keep the gold that you find. For more information, write to EOMP at P.O. Box 66 Baker City, OR 97814 or e-mail Earl Graham gram-bellfarm@live.com
Update on the Oregon Suction Dredge Case - Guy Michael
EOMA’s case against the National Environmental Defense Center (NEDC) is that NEDC does not have standing to even file a judicial review against DEQ in the first place. Also, it is based on the fact that EOMA won the right to intervene, while the NEDC case was in the Multnomah Court and EOMA became a party in their case.
So far, we have been holding our own concerning the issue of standing against the environmental organizations, which we enjoined against the NEDC in the Oregon suction dredge case. But, recent events have transpired where the NEDC et al. notified EOMA that they would not be continuing with our depositions concerning their standing. The reason is that they were working on a settlement with Oregon DEQ and they expected that it would take one to two weeks to complete that settlement.
The results would be that they would withdraw their case against DEQ, but with the possibility to come back with an amicus brief later. They advised that their settlement would not affect EOMA’s case against DEQ. However, after considering the results of this, it would make EOMA’s case against the NEDC moot, because they have withdrawn their case against DEQ.
When all of the cases were consolidated in the State Circuit Court for Marion County, the Court, in its order to consolidate stated that “all petitioners shall be deemed parties in each case, subject to the reservation of right of the Mining Parties to seek dismissal of the Environmental Parties for lack of standing”.
Another interesting win by EOMA is that the NEDC argued to only give declarations and a few necessary documents to show that they have an interest in the permit and have spent time and money and members of their group have involved themselves with State Representatives and Senators. EOMA had to take its argument before the court and won the order to compel NEDC to produce, which included declarations, and depositions (with full discovery) and to answer questions for documents requested to support having “substantial interest” that would be harmed and to cause them to be “aggrieved.”
EOMA received 100s of documents if not thousands, most of which did show an interest, but we were looking for more than an abstract conservation belief and time and money spent on this type of interest in suction dredging. When it came time to schedule depositions, this is when we were notified of NEDC’s plans to withdraw.
My first thought was we won, but the plan is to make the lack of standing issue against NEDC moot. But, EOMA is a party in their case. The NEDC had asked if EOMA would stipulate dismissing any costs against NEDC. We of course, said no; we have spent too much time and money, and besides EOMA has won the right, as a party to their case, to seek dismissal of NEDC et al. for lack of standing; and if their standing to even file their case in the first place is at issue, than how can any settlement with DEQ prevail. EOMA, as a party to their case, has the “right of reservation” to seek dismissal of NEDC’s case for lack of standing.
I believe this means that before the consolidated case against the suction dredge permit can go forward, EOMA’s issue concerning the lack of standing must be resolved. There is no other way to read the specific wording by the Marion Court.
However, our lawyer informed us that DEQ can come forward to offer settlement with any opposing party, if it wants too; even if the case is frivolous. This will make EOMA’s case moot against the NEDC, because, based on the settlement, they would likely withdraw their case and supposedly leave EOMA’s case against DEQ unaffected.
We are waiting for a copy of the settlement between NEDC and DEQ, which is still in the works. EOMA still has some options, but we really need to see the settlement before we decide which options to take.
The NEDC have asked EOMA to tell them what costs are we considering. The costs will have to be tallied up by our lawyer, but we may have to take this argument before the court to get issues resolved and get the case moving again. A copy of the settlement, if one can be reached between NEDC and DEQ will help us determine some of our options.
*****
EOMA ADVERTISING AND SALE LISTING
The advertising listings are only $1 per month to get your ad listed below. Send your ad to: EOMA, Box 932, Baker City, OR 97814 along with your remittance for each month you want us to run your ad and we will take care of the rest. The number next to your ad is how many months your ad will run. .
FOR SALE (1)
A 4 or 6 Inch dredge system mounted on a 20 X 8 pontoon boat. Located near Glenn’s Ferry, Idaho. $5,000 or $3,500 for pontoon boat/motor/ trailer (without dredge system). Dredge system is designed for recovery of very fine gold. Also a DYNA-MILL Impact Mill Located near Sumpter, Oregon. $2,000. Call Johnny West at: (208) 385-0950, Boise, Idaho
WANTED, N.E. OREGON CARETAKER (9)
Located near John Day, primitive, insulated house, wood heat, good water, road & hunting. Off grid – generator. Contact: PO box 8353 spring Creek, NV 89815 for more information. Or you may email: jetteseal@gmail.com
FOR SALE (0)
Hard rock and placer mine, good gold, located off the Auburn Road. Year around water, ponds, roads, log cabin, mill building, crusher, ball mill. Old shafts and tunnels abound the property. For more information call: 541-523-9107.
LIQUIDATING EQUIPMENT FROM 40+ YEARS OF PLACER MINING (5)
Equipment includes a 20yd hopper feeder, 80kw Onan generator, 40 and 30 conveyors, 5\ and 3\ slurry pumps, Reichert Spiral concentrator, 5th wheel dollies, lots of sluices, 5yd dump box, electric motors switch boxes and panel boards. Much more! Contact Jack at 208-284-5882.
FOR SALE (1)
For More Information Call Miles Mitchell At (541) 672-1592
* Diamond Drill complete with 500 feet of drill rod, Perkins Diesel power.
* Three cylinder diesel engine, Ford 1900.
* A ship fire, high pressure pump, powered by a 6 cylinder diesel engine, ideal for placer mining.* Stearns cross belt gold magnetic separator, recovers fine gold from concentrates.
* Five cubic yard International dump truck.
* Four cylinder industrial diesel engine.
* One cubic yard cement mixer, on wheels, has gas engine.
* Jagear twin diaphragm air mine pump 2 inch.
* Ingersol Rand air tugger, 4 cylinder, with steel cable.
* Four cylinder Lee Roy gas industrial engine.
* Joy diamond drill mounted on skid frame, needs engine.
* Steel housed gear reducer with inlet and outlet shafts.
* Six cylinder Dodge engine with cable drum mounted on skid frame, ideal for shaft sinking.
* 60 cfm gas air compressor on wheels, with tow Bar.
FOR SALE(0)
Four placer claims, each 160 acres in size, along almost five miles of the North Fork Burnt River. Claims are accessed via a gravel surface County road. These claims are great for suction dredging and/or high banking. The Forest Service Plan of Operation for use of a backhoe should be approved this season. The price is $6,000 per claim, or buy all four for $22,000. If you are interested, call Jan Alexander at 541-446-3413.
FOR SALE (0)
Four pieces of used Rubber Steel Braided 4\ suction hose totals 59 $275.00 or OBO good condition. Two pieces used Black 3\ suction hose totaling 31 good condition $60.00 or OBO For all the hose together $300.00 or OBO. For Sale: New 5 1/2 horse Honda 3\ pump 3\ inlet, 3\ outlet, never used $425.00 or OBO. Call 541-519-1622
|
