Eastern Oregon Mining Association
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EOMA NEWSLETTER, OCTOBER 2013

- Eastern Oregon Mining Association
- 20131021

EASTERN OREGON
MINING ASSOCIATION
OCTOBER 2013 Newsletter
Volume 289

EOMA INTERNET ADDRESS: http://www.h2oaccess.com/

EASTERN OREGON MINING ASSOCIATION MEETING
The meetings are held on the first Friday of the month. The next meeting is Friday, OCTOBER 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.

WIN 1/2 POUND OF GOLD
The Eastern Oregon Mining Association, along with the Waldo Mining District, is selling tickets for the drawing on a ½ pound of gold. The big Final Drawing with a Grand Prize of 1/2 Pound of Gold will be held in the spring of 2014. The cost is $5.00 per Entry, or Six Entries for $25.00.
Need not be present to win! So, fill out the tickets in the back of the newsletter and send them in to Drawing, PO Box 932, Baker City, OR 97814. Your money goes to help miners continue litigation on miner’s rights. Thank you for all your support..... Chuck Chase

FROM THE DESK OF THE PRESIDENT-Ken Alexander
Oregon’s legislative process has become such a mess that poorly crafted bills become law at the last minute. SB 838 is an example of this. Passing a statewide law that says you cannot start your mining operation before 9 a.m. or work after 5 p.m., no matter how many miles you may be from the nearest person, is not reasonable. Prohibiting motorized placer mining 100 yards from a seasonal tributary located on Federal land was likely not the problem the legislators were trying to solve. Fortunately, we still have a chance to correct this legislation before more damage is done. However, it will require a major effort working within a system that is obviously flawed.
PROOF OF LABOR MUST BE RECEIVED BY BLM BY DECEMBER 30, 2013
After you have performed at least $100 worth of assessment for each claim you own, and recorded your proof of labor in the county where the claim is located, you must send a copy of your proof of labor to BLM along with $10/claim. The proof of labor form must be in the Portland BLM office on or before December 30, 2013.
GOLD MINERS SUBJECTED TO EPA RAID Sean Doogan – Alaska Dispatch
When agents with the Alaska Environmental Crimes Task Force surged out of the wilderness around the remote community of Chicken wearing body armor and jackets emblazoned with POLICE in big, bold letters, local placer miners didn’t quite know what to think.
Did it really take eight armed men and a squad-size display of paramilitary force to check for dirty water? Some of the miners, who run small businesses, say they felt intimidated. Others wonder if the actions of the agents put everyone at risk. When your family business involves collecting gold far from nowhere, unusual behavior can be taken as a sign someone might be trying to stage a robbery. How is a remote placer miner to know the people in the jackets saying POLICE really are police?
Miners suggest it might have been better all around if officials had just shown up at the door -- as they used to do -- and said they wanted to check the water. “Compliance exams are a normal thing for miners. Usually (Bureau of Land Management) or DEC points out a problem and you correct it. This (the task force’s action) was way over the top and uncalled for. It was a massive show of intimidation,” said David Likins, a gold miner in the Fortymile Mining District.
The officers were armed and wearing body armor. They were part of the Alaska Environmental Crimes Task Force and were there to check for violations of section 404 of the Clean Water Act, according to several miners who were contacted by the group. Section 404 governs water discharges into rivers, streams, lakes and oceans. The task force’s methods are now being questioned by the miners as well as the Alaska congressional delegation.

OREGON DIVISION OF STATE LANDS DRAFTS RULES FOR SB838-Jan Alexander
SB838 is now law, and DSL must revise the current rules as they pertain to motorized mining, including suction dredge mining, within the beds and banks of “rivers and tributaries that contain any portion of essential indigenous salmonid habitat (ESH), or naturally reproducing populations of bull trout”. This is approximately 85% of the stream miles in Oregon! Within these Oregon watersheds, which include watersheds such as the Powder River system, (due to the isolated bull trout populations on Salmon Creek, Lake Creek, Silver Creek and Little Cracker Creek), DSL will only issue 850 suction dredge permits, and all miners will be restricted to 25 cubic yards or less of material processed. Operating restrictions in ESH and bull trout watersheds include a 500 foot distance between dredges, operating hours between 9:00AM and 5:00PM and a prohibition against leaving the equipment “unattended” in the waterway.

UNATTENDED EQUIPMENT
Lori Warner-Dickason, Rulemaking Project Manager, stated that there was public concern about the requirement that dredges could not be left “unattended” in the stream. I pointed out the environmental damage that could result from repeatedly hauling heavy dredges in and out of the water. Ms Warner-Dickason stated that she had heard this concern before. I suggested that they change the definition of “attended” to mean something like “within sight of the camp”.

PROHIBITION IN SB838 ON MINING WITHIN 100 YARDS OF WATERWAYS
Even though SB838 prohibits motorized mining within 100 yards of ESH and bull trout waterways, the Division of State Lands has no authority to regulate mining above the ordinary high water mark of streams. Lori Warner-Dickason said there is no push to change DSL’s authority to include uplands, and thus, their revised rules will not prohibit mining beside streams. When asked about what agency would regulate mining beside streams, she stated that agency would be DEQ. Since DEQ does not regulate mining, but rather regulates water quality through Water Pollution Control Facilities permits (WPCF settling pond permits) there may be no prohibition on mining beside waterways as long as miners apply for and obtain WPCF permits from DEQ and protect water quality. We need to watch the rule making process closely.

DSL PROPOSAL FOR WHO GETS A SUCTION DREDGE PERMIT
The Department will limit the number of permits to 850 annually. Applications must be received by DSL between January 1st and February 28th of the year the miner wishes to dredge. Priority will be given to applicants that have held a permit from DSL or DEQ for the longest period of time between 2006 and 2013. The Department will assign one point for each year a person has held a permit. In addition, priority will also be given to persons who have held a federal mining claim or patent for the longest period between 2006 and 2013. The Department will assign one point for each year a miner has held a Federal mining claim or patent.

Miners with the most points will receive permits, as long as they pay the fee and $150 surcharge to DEQ. If a lot of miners have the same number of points, and their numbers exceed the number of permits available, a random selection method will be used.

OCTOBER 17, 2013 DSL PUBLIC HEARING IN BAKER CITY FOR REVISED RULES
The timeframe for DSL to complete their public information meetings, public hearings and come up with final rules is short. Rules must be in place by January 1, 2014. The comment period on DSL’s revised rules begins September 26 and runs for 30 days. The Public Hearing in Baker is scheduled for October 17, 2013. We will let miners know the time and place.

DEQ SUCTION DREDGE PERMITS
Interestingly enough, DEQ has no cap on the number of permits issued, and their permitting will continue as before. Once the 850 permits are issued to miners in ESH and bull trout watersheds, additional permits will be issued by DEQ in non ESH and non-bull trout watersheds.

However, remember that DEQ is revising their suction dredge permit at this time. Mining organizations will meet with DEQ personnel to give input into the new permit. EOMA, EOMP, LDMA and other mining organizations have been contacted by DEQ concerning their input.

BLM POLICY ON MINERS CONTROLING NOXIOUS WEEDS-Jan Alexander
Noxious weeds are a terrible problem on BLM lands. Miners own the minerals under the often weed invested surface of their claims, and every time they dig, and every time they reclaim, the weeds happily invade the disturbed ground. Seeding with slow to germinate, slow to grow and/or spread native seed mixes complicates the issue of reclaiming a site.

NEW OPERATORS UNDER OLD NOTICES MAY BE IN TROUBLE-Jan Alexander
BLM has failed to write Decision letters to miners in the past, stating that sites were reclaimed to standard. Every miner should find out what reclamation responsibilities he/she is assuming under the old notice. If the Decision letter was not written, and you signed on as the new operator, BLM could require hundreds of dollars of weed control every year on many acres of your claims, even though your Notice covers only a small area. Noxious weeds are persistent. Miners who are required to hire a bonded, licensed weed sprayer to control weeds for a couple of years, may think this is all that is needed. But when you stop hiring the weed sprayer, the weeds return.

EOMA will meet with BLM to discuss control of noxious weeds on public lands. Even if miners hire a weed sprayer to control weeds on the areas they disturb, if BLM will not be a partner in weed control, and spray the weeds on adjacent ground, the miner will never eradicate the weeds and will never get his bond money back. We will let miners know what to expect after our meeting.

GRANITE WATERSHED MINERS NEED TO REQUEST APPLICANT STATUS-Jan
The Forest Service recently sent all miners in the Granite Watershed a letter asking if they want to participate in the Biological Assessment (BA) and Biological Opinion (BO) process. It is important that miners write Ranger Tomac and tell him “I am requesting applicant status”. This is the only way you will know what the Forest Service is telling USF&WL and National Marine Fisheries Services about your operation.

ESA AND CRITICAL HABITAT – Pacific Legal Foundation
To protect landowners from heavy-handed enforcement, Congress amended the ESA to require the Fish and Wildlife Service and the National Marine Fisheries Service to consider the best scientific and commercial data available, including the economic consequences of designating any area as “critical habitat.”  Where the benefits to the species are small and the costs of designating any particular area as “critical habitat” are high, the agencies may exclude the area from regulation. The U.S. Supreme Court has said that this is required “to avoid needless economic dislocation produced by agency officials zealously but unintelligently pursuing their environmental objectives.” More information can be found at PLF’s website.

INVEST IN YOUR FUTURE AND SUPPORT EOMA --BUY SILVER MEDALLIONS
These medallions are beautiful proof grade one ounce silver medallions with the addition of real gold “nuggets” in the pan. We still have a limited supply of 2012 medallions. These medallions are currently selling for $50 dollars apiece plus $5.00 shipping and handling and insurance. These prices are subject to change. You can order a 2013 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. Be sure to specify whether you want a 2012 or 2013 medallion.

EOMA ADVERTISING AND SALE LISTINGS
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. The number next to your ad is how many months your ad will run.

THE GOLD SPINNER SYSTEM:(2)
Save that ultrafine gold with this high gravity separator. It runs on 12volt, only weighs 45 pounds, is easy to set up and run, and can run all day long without a clean up. This is a must see, and sells for only $1304. E-mail Ted at tedcraghead@gmail.com. See Video on UTube, http://www.youtube.com/watch?v=pAP5CMdIjFs
Or come on down and take a look at 10415 HWY 95, Payette, ID 83661.

TRENCHERMAN BACKHOE
Trencherman Backhoe, all hydraulic, and towable behind a 4 wheeler or pickup.
New cost was $5,900.00, asking $4,000.00, in excellent shape.
5hp Briggs & Stratton generator, Coleman Powermate 2500 series, Like new $2,500.00
225 shop welder series range $150.00. Harold Anderson   541-562-5966

EOMA MEDALLION COLLECTION (1)
A set of EOMA one-ounce silver medallions dated 1988 through 2011, plus one “In Gold We Trust 75th Anniversary 1907 – 1982” one ounce silver medallion and one proof coin of the same. The 25-coin set is contained in a hand made solid wood folding display box with spaces for an additional 17 coins. Price, $1,000 firm. Call 541-524-9386 or 541-403-0043.

HAND-FED RECOVERY SYSTEM
The Goldfield Prospector is a portable, heavy duty wash plant designed for the recovery of placer gold to be used for sampling, small-scale production, or clean-up of larger processing plants.  The Prospector lists new for $8,500 (www.goldfieldint.com/prospector.aspx).  This particular machine has been rebuilt/modified.  Price, $2,000 or OBO. Call 541-524-9386 or 541-403-0043.

PLACER MINE FOR SALE
Placer Mine, 59 Acre upper gravel bar placer claim near the Burnt River in Oregon, best offer in writing with deposit by Oct 31st, 2013. There is 1/8 + mile diggings and fresh tailings. Four plus shafts, water nearby, borders previous mining district and patented ground -    with possible equipment options.  Contact: Craig at 406-579-5291, or Leave Message.

PLACER GOLD BUYER (10)
I am always looking for new sources of quality gold nuggets and specimens.  I market to collectors and can generally pay more than refiners for nice nuggets.  Contact Matt at (208) 867-2594 or e-mail: goldrush@goldrushnuggets.com I travel through Baker City frequently.