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- Eastern Oregon Mining Association
- 20120227

February 2012 Newsletter
Volume 269

President...........................................Maureen Anderson.............................541-786-3983 Executive Director...............Chuck Chase..................541/523-3285...................Fax 3285 Director of Governmental Affairs...............Terry Drever Gee ................. 541-523-6228 Editors.......Chuck Chase and Jan Alexander.......................541/523-3285........Fax 3285
Mineral Policy Director...................................................Jan Alexander......541/446-3413

EOMA INTERNET ADDRESS: http://www.eoma.org

Whats Up for EOMA February Meeting? By Terry Drever Gee

Hang onto your hats! Have your BLM related questions ready for the next EOMA meeting on the first Friday in February at the Baker City Hall on First and Auburn Street. The meeting starts at 6:30 P.M. February 3, 2012. Both the BLM Regional Manager, Don Gonzalez, and Lead Geologist for the BLM, Kirk Rentmeister, are scheduled to be at the February meeting.
Don Gonzalez will update the miners regarding what is happening on BLM managed public land. He will also give the BLM perspective as to the how the miners and agency can work together to get things done! Lots of good stuff has been taking place and now we are going to be getting the BLM perspective.
Kirk Rentmeister will be giving a presentation with laptop in hand to explain how to use the BLM’S LR 2000. This is a BLM generated program that allows a miner to use the internet to research the status of active and inactive mining claims on both Forest Service and Public Lands. It is not a user friendly program, so Kirk has offered to give a demonstration to interested miners who show up for the February meeting.
Riley Bushue, aide to Greg Walden, and Tami Green, the Baker County clerk may also be attending depending on their schedules.
Wanted - input from the miners on how, together, we can make the permitting process easier, faster, and smoother. See you at the meeting!

Enclosed with this newsletter is your write in ballot for the nominees for both the Executive Officers and the Board of Directors. For those that can’t make the March meeting in person, fill out the Absentee Election Ballot and send it in before the March meeting. For your ballot to be counted you need to have your dues paid and have signed the ballot.

Editor’s Note: Please, if you stop receiving the newsletter it may be a glitch in your address, give me a call at 541-523-3285, and I will check it out. Or if you are going to move or change your address, please leave a forwarding address with us or the Post Office. Each time we send you a newsletter or other communication and the Post Office can’t deliver it, they charge 50 cents per non-delivery. After two non-delivery’s you are put on a pending list for non-delivery and won’t receive any more newsletters. The costs of the non-delivery adds up, I know 50 cents doesn’t sound like much but eight or ten a month adds up. ... Thanks......
Dues, Bonds, Medallions, Calendars and Checks
Please make separate checks for dues and bonds, they go into different accounts. It gets difficult to make change back and forth between the bonding fund and the general fund. It really gets fun when you guys order calendars, medallions and pay your dues and bonds all with one check. So please take pity on the guys trying to keep the accounts straight and make out separate checks..... Thanks….the Treasurer...
If you have not renewed your EOMA membership, and paid for your Forest Service bond under the MOU for 2012, you are late! Sit down right now and write that check, or better yet, come to the EOMA meeting February 3, 2012 at Baker City Hall building at 6:30PM and pay your dues and bond fee then.

We are now in the final stages of selling tickets for the Grand Prize drawing on the half pound of gold and other prizes. Every ticket you buy will be eligible for the Final drawing in March at the 2012 Salem, OR Gold Show. All ticket sales go to the legal fund so it is a win, win. Thanks for the help and your donations........ Good luck on the tickets for the ½ pound of gold. Also, each ticket you buy gives you $5 off on purchasing an EOMA 1 ounce Silver Medallion, what a deal!

ENTRIES: $5.00 EACH -- OR SIX FOR $25.00
Support your mining rights by purchasing your chance on the ½ pound of gold and also other great prizes. Mail your tickets with payment to: Waldo Mining, PO Box 1574, Cave Junction, OR 97523. The drawing will be held for the ½ pound of gold on Sunday, March 25th, 2012, so get your tickets bought and sent in. Remember it only takes one ticket to win!

Orion Mine Equipment Auction-The Rest of the Story-by Jan Alexander

The Forest Service never did sell the equipment at the Orion. From what I can find out from the Forest Service, the winning bidder did not come through with a check. So, you would think they would call up the second highest bidder. But no, the Government decided instead to drop the sale until spring. I spoke to the second highest bidder, and he wants to pay the government for the equipment and use the mill, not scrap it. I called Ranger Tomac to see why the second highest bidder was not awarded the property (the second highest bidder got Guy Michael’s backhoe when the government sold it, so we know they can do this). No one returned my call.

North Fork Burnt River Mining SEIS-Update
By Jan Alexander
Now, it’s DEQ delaying approval of the Plans of Operation. The Forest Service sent over its list of Best Management Practices (BMPs) to DEQ for their concurrence in late October of 2011. According to Steve Mrazrik of DEQ, who I talked to on January 19, 2012, his staff took a look at the BMPs last week. I explained to him the necessity of reviewing, commenting and sending back to the Forest Service ASAP. He said “they were working on it”.

We miners do not have any idea what these BMPs consist of. They may all be reasonable, or some may be unreasonable to the point of a “takings” of our private property right to extract our minerals. The BMPs attached to the North Fork Burnt River Plans of Operation will set precedence for the Granite, Upper Power and North Fork John Day miners, and these will set precedence, not just on the Wallowa-Whitman, but on the Umatilla and Malheur National Forests too.

Sure doesn’t look like the Forest Service will be making their February “deadline” to get the final SEIS out and the Plans of Operation approved. And when it does come out, we miners need to review the BMPs attached to our Plans, and decide if we can live with them.

MSHA New Miner Training-by Jan Alexander
MSHA annual refresher and new miner training will be scheduled for March and April. We need a list of those miners who want the two days of new miner training.
No sign-up is needed for the annual refreshers. The training dates will be in the next newsletter. Ed Sinner will be our instructor. Call Jan at 541-446-3413 to sign up for new miner training.

Baker Field Office of BLM-Resource Management Plan-by Jan Alexander
Baker BLM has written a new Resource Plan to replace their 1989 Plan. As one would imagine, the Plan cuts cattle numbers, designates areas where no off road travel is allowed, has a plan for the sage grouse etc, but does not directly close any roads. The preferred alternative #1 recommends areas to be withdrawn from mineral entry, but the Plan does little else to directly affect minerals. It’s the indirect effects of designations of areas such as Resource Management Areas (RMAs), and Areas of Critical Environmental Concern (ACECs) that will affect us as miners down the road when BLM writes it’s Travel Management Road Closure Plan.
Road closures are more difficult to justify on public lands than on the Forest, since any road constructed before 1976 is technically an RS2477 road. BLM did a good job of running every road they could find on public land and GPSing these locations. If you recall, the Forest Service did not have a clue what roads they had on Forest lands. Everyone should review the RMP maps, and if BLM missed a road, let them know. They actually want to begin Travel Management planning with a complete list of roads that cross public lands.
You can pick up the RMP (three volume set) at the Baker Field Office or you can request a CD. Comments must be back to BLM by February 23, 2012. You must make comments to participate in what is included in the final RMP.

Forest Service Travel Management Plan-by Jan Alexander
The Forest Service will be releasing their final Travel Management (Road Closure) Plan within the next few weeks. This is a totally onerous, and totally illegal Plan, due to the fact that according to the law, National Environmental Policy Act (NEPA), this is not a stand-alone plan, it must tier to the Forest Plan. The 1990 Forest Plan has not been revised, and it clearly is access friendly and follows the” open unless designated closed” management direction for road use. The Travel Management Plan soon to be released is based on roads “closed unless designated open” and completely violates the management direction in the Forest Plan. There is no way this Closure Plan can tier to the existing 1990 Forest Plan.
BLM, unlike the Forest Service, has revised its RMP before it writes its Travel Management (Road Closure) Plan. That agency is actually complying with the requirements of NEPA. The Forest Service got the proverbial” cart before the horse” in their NEPA, and illegally released their draft Travel Management Plan (Road Closure Plan) before revising their Forest Plan.

From the Desk of the President:
2011 was an extraordinary year for not only EOMA, but for the mining industry as a whole. We have seen gold rise to record highs, while the economy has dipped to record lows. All of this has resulted in a slough of complications for the small-scale independent miner. Miners are having issues not only protecting their claims, but protecting their equipment as well. To respond to these issues, I have taken the opportunity to contact some local media outlets to raise public awareness.
And while it is critical that we raise awareness of the complications we are encountering...it is also important to raise the publics awareness as to the importance of mining as a whole. Far too many members of the public are ignorant as to the necessity of both minerals and rare earths in their daily lives. While the focus of the administration continues to be on alternative energy sources...we need to be reminding the public that NONE of these new technologies would even be POSSIBLE without the hard work of the mining industry.
It is with this idea in mind that Chuck, Bobbie and I took the opportunity to attend educational sessions during the Northwest Mining Associations 2011 Annual Meeting and Expo. I look forward to condensing many of the notes that I took during the course of this event and, along with copies of the presentations that I have requested from several of the presenters, have those available for the membership during upcoming meetings and events.
I have thoroughly enjoyed the opportunity to represent you throughout the past year and am eagerly looking forward to continuing to represent you throughout 2012. Thank you to all who have supported and assisted me in the transitional period as well as helping get EOMAs focus back to our ability to impact mining in Oregon in the future.
Maureen S. Anderson, President

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.....

DID YOU KNOW By Chuck Chase
* Did you know that your body consists of about 37 liters of water.
* Each day the sun evaporates about a trillion tons of water.
* A single tree will give off about 70 gallons of water per day in evaporation.
* A quarter of the earth’s population is without clean drinking water.
* An acre of corn will give off 4,000 gallons of water per day in evaporation.
* Americans use five times the amount of water that Europeans use.
* Each American uses about 50 gallons of water per day.
* Bottled water can be up to 1000 times as expensive as tap water and may not be as safe.
More about water facts next time.......

2012 will continue to present major challenges for our industry on the regulatory front. The most serious remains the EPA’s financial assurance rulemaking pursuant to the Superfund statute. The NWMA’s efforts with Congress, SBA’s Office of Advocacy, and western governors have significantly delayed EPA’s time table.

However, EPA still intends to issue a proposed rule requiring financial assurance for all mining operations that could pre-empt state programs, duplicate existing federal/state requirement and require financial assurance for worst case scenarios.

And it’s not just EPA. Agencies within the Department of Interior have announced their intent to proceed with restrictive conservation policies for the Greater Sage Grouse. This will impact mining, and as far as that goes, everything else also.

As many of you already know, Earthworks, and other anti-mining groups have challenged two BLM rules that go to the heart of the rights to use and occupy mining claims for exploration, development and production. A successful defense of this lawsuit is critical to NWMA, their members and all miners out there big and small alike. Thus, NWMA has intervened in this case. We expect briefs will be filed and the case argued this year.

House Natural Resources Committee Ranking Member Ed Markey (D-MA) introduced H.R. 3446, the Fair Payment for Energy and Mineral Production on Public Lands Act. Titles V & VI of the legislation relate to Mining Law reform and Abandoned Mine Land (AML) funding respectively, and are nearly identical to Rep. Nick Rahalls (D-WV) most recent Mining Law reform bill (H.R. 699 from the last Congress).
Rep. Markeys bill would impose a 12.5% net smelter return royalty (essentially a gross royalty) on future production from public lands (Rahall was 8%); give the Secretary \mine veto\ authority; eliminate patenting; impose new, duplicative environmental standards; and require the Secretary to grant withdrawal petitions from states, political subdivisions and Tribes unless not in the national interest. The bill also eliminates necessary security of tenure. The AML section effectively implements President Obamas proposed \dirt tax\ of 7.8 cents/ton of material displaced.
It is highly unlikely Rep. Markeys legislation will receive a hearing in the House, but we will remain vigilant in our opposition to the bill.

We have less than sixty 2011 medallions left to sell. The EOMA board wants to give everyone an extra month for a final chance to buy 2011 medallions if they want one. All of the remaining 2011 medallions except those in EOMA’s collection will likely be sold by the end of February. Don’t forget that if you buy a silver medallion now, it comes with a coupon for a free raffle ticket for the ½ pound gold drawing.

We have received the shipment of the 2012 medallions. They are the same proof grade quality medallions that we have been getting. They also have little gold nuggets in the pan for good measure. These medallions are currently selling for $50 dollars apiece plus $5.00 shipping and handling and insurance. Due to the volatility of the silver market, these prices are subject to change. If you want a 2011 or 2012 medallion, you can order one from the EOMA website, or send in $50 plus $5.00 shipping and handling before the price goes up, to EOMA, Medallions, PO Box 932, Baker City, OR 97814, or call Ken Alexander, 541-446-3413.

Miners from around the country are checking their mines to make sure everything is still there. The lack of snow in the mountains and the high price of steel have left mines vulnerable to scrappers hauling off anything that looks like iron. The two mines that were hit the hardest were the patented Chadwick mine on Elk Creek and the patented Parkerville mine near Tony Creek.

The Elk Creek Mine owned by Bev Chadwick was stripped of equipment. The scrappers were cutting up and hauling Bev’s equipment out at 2:30 in the morning. An estimated $41,000 in equipment and metal was taken from Chadwick’s mine. Bev lost two blades off cats, drag line buckets, backhoe buckets, her trommel and numerous other items. If it wasn’t for Kelly Haskins driving by the Chadwick mine and seeing all the missing equipment, the theft might have not been discovered until spring. Kelly notified Ken Anderson who also mines on Elk Creek. Ken called Bev, and asked her if she was moving her mining equipment out of her mine. If it wasn’t for these actions, the thief may well have gotten away scot-free.

The Sheriff was notified and within a few hours a search warrant was served at the Kanyid’s Wrecking yard where some of the equipment and metal was found. The three trucks taken from the Parkerville Mine were also recovered, along with part of Bev Chadwick’s equipment. Although Chadwick’s cat blades, backhoe buckets, and dragline buckets are gone, and were either sold or scrapped, the Sheriff was able to recover her badly damage trommel at the wrecking yard at Island City, before they cut it up.

Mr. Kanyid was then arrested for the theft of mining equipment and for running a meth lab. Other equipment was recovered from Kanyid’s Wrecking Yard along with several stolen cars from Idaho, and one from Hermiston. The arrest of Ladd Kanyid and the latest snow fall in the mountains should put a temporary stop to theft of the un-protected mining equipment sitting at mines. All miners are urged to keep an eye out when in the mountains for any suspicious activity. These thefts are still under investigation, other arrests may be pending.

Reward posters will be available at the February Meeting
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. They will sell for $2.50 each and will be available at the next meeting. That way when you hand me a $5 dollar bill Ill hand you two of the posters.... Chuck

Well, this month we started to get a little activity on the case. We are still waiting for the enviros groups to answer our 40 questions and we are waiting for the scheduling of the first deposition for the individual. We are Intervenors in the enviros groups’ case and are challenging their standing. There are eight groups and one individual.

To counter our complaint against DEQ, the Dept. of Justice (DOJ) requested from the EOMA plaintiffs, Guy and Charles, and from EOMA members of where they suction dredge. Our response has been that EOMA does not keep records of where its members mine or suction dredge. So we will probably see whether the judge might require EOMA members to document for DEQ where they suction dredge (historically and currently).

In discussion with our lawyer, James Buchal, I mentioned that it is absurd for DEQ to require us to give them where we suction dredge, because they already have that information in their own records. In letter, they even admitted that they will not spend “scarce resources” collecting and organizing the information and believe that it is their right to require us to comply with the production of documents under the Oregon Rules of Civil Procedures (ORCP).

Mr. Buchal feels that EOMA should offer perhaps some old newsletters, which might be responsive concerning where we suction dredge. DEQ may also be interested in where members mine beside the stream, but I will have to go back and reread their request for the information to be sure whether that was part of it.

In response to this request of EOMA to produce these documents, we had our lawyer respond; asking why this information is relevant to our complaint as filed against the permit. The DOJ responded back stating that the documents “are relevant, or are reasonably calculated to lead to the discovery of admissible evidence”; because EOMA “allege that suction dredge mining has no impact on water quality and in-stream wildlife habitat and may actually have beneficial effects on stream habitat.”

The DOJ also said: “The documents sought therefore may be relevant as they would allow DEQ to challenge those allegations by comparing the location, type, and intensity of current and historic suction dredge mining activities against any identified stream habitat improvement or degradation that may have occurred over time in those areas and that may be attributable to suction dredge mining operations.”

Charles Chase and I (as plaintiffs with EOMA) are willing to list the streams that we have suction dredged in (historically and currently), however I question whether members of EOMA should be required to list the streams, since members have elected officers and appointed members to lead the battles while the membership remains anonymous and therefore protected. Besides, DEQ has all of the streams in Oregon where suction dredging occurs (historically and currently) already.

But the real rub is that they have blatantly said: “DEQ therefore will not expend scarce resources to locate and organize documents that your clients are obliged to provide under ORCP…” For me, the next rub is that we have a study done in 2000 where the scientist used the error rating of .05% (this is a very small error allowance) and could not detect harm to fish habitat or between good and bad suction dredgers. (Bayley 2005) from the University at Corvallis)

Bayley said that it would take a more powerful study that would cost an exceeding amount of funds to accomplish. DEQ has not proposed doing any study of that magnitude to determine harm to habitat. Bailey said that if there was any harm it was undetectable at the .05% error rating.

I feel that it is time for us to start using the studies we have to prove we are not destroying the earth as is claimed by the environmental organizations and DEQ.

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. .

Eighty acre placer claim at the mouth of Clarks Creek in the Burnt River Canyon and extends up Clark’s Creek. Claim is accessed by a year around road. Price is $10,000. Call 541-523-3285.

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

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.

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