Washington State Miner

Tom

About a year ago I reported here on a public meeting hosted by the Washington State Parks and Recreation Commission and WDFW on February 16, 2012 in Montesano, Washington, to present information on ocean beach mining rules and to hear comments from the public on those rules.

Today, I want to share the substance of an email I received from Washington State Parks Stewardship regarding the beach mining program:

You are receiving this email because you either attended a public meeting in Montesano last spring on the issue of beach prospecting, or have identified interest in this issue to Washington State agencies or legislators.

Last year, the Washington State Parks and Recreation Commission and the Washington Department of Fish and Wildlife approved rules that allowed and regulated beach prospecting on certain coastal beaches. The action was not without controversy, and the two agencies held a public meeting and took much public comment on the issue. Since then, we all have had an opportunity to see these new rules take effect. So far, the agencies have received little comment or feedback on the activity.

Attached is a comprehensive list of the issues brought forth at the Montesano meeting, with a response from the agencies to each issue. Based on the initial performance of rules, at this time, no changes to the rules are contemplated. However, we want to hear from people about any concerns they have with the first major season of recreational use on the beach, and hear of any positive stories as well of the effectiveness of the program. You can send any such comments to: parks.stewardship@parks.wa.gov, and they will be directed to the appropriate agency.

*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*

Washington State Parks and Recreation Commission

1111 Israel Road SW

PO Box 42650

Olympia WA 98504-2650

(360) 902-8500

Fax: (360) 586-0207

Since State Parks is requesting input from the public regarding concerns, positive stories, and the effectiveness of the program, this would be a good opportunity for the mining community to make itself heard on this matter.

The attached list of issues from the Montesano meeting is a four-page PDF file and too lengthy to append to this post. It is available at the link here.

Tom

Word just received is that the Washington State Department of Fish and Wildlife (WDFW) is seeking applications for five positions on the "enforcement advisory group." As this opportunity may be of interest to the small-scale mining community, I'm reproducing the entire text of the message below rather than trying to summarize it. For those who want to view the news release on the WDFW website, the link is here.

February 06, 2013
Contact: Carrell, (360) 902-2926

WDFW seeks nominations for Enforcement Advisory Group
OLYMPIA – The Washington Department of Fish and Wildlife (WDFW) is seeking applications through Feb. 28 for five positions on its enforcement advisory group.
Formed in 2006, the advisory group assists the WDFW Enforcement Program with public outreach and education, hunter/fisher relations, legislation and the state administrative code.
Advisers will be chosen for two-to-three-year terms, depending on the rotation of existing members, said Chief Bruce Bjork, who heads WDFW’s enforcement division.
“Advisers are an important link between WDFW and communities throughout the state," Bjork said. “We’re interested in finding people who represent a broad range of conservation and recreational interests, understand fish and wildlife enforcement issues and have an ability to communicate with the public.”
The advisory group meets twice a year via video-conference at regional offices and once a year at a central location in the state. The majority of the work of the group is conducted via email. This is a volunteer position and those selected are responsible for their own travel expenses.
Any group or individual may submit an application. Applicants do not have to be affiliated with an organized group.
Applications must be received by the close of business Feb. 28 and must include the applicant’s name, address, telephone number, email address, affiliations and experience with fish and wildlife conservation or other law enforcement. Up to three references may also be included.
Applications may be submitted to Sean.Carrell@dfw.wa.gov or by mailing the application to Sean Carrell, Washington Department of Fish and Wildlife, 600 Capitol Way N., Olympia, WA, 98501. For more information, contact Sean Carrell at (360) 902-2926.

Tom

The Washington State Department of Natural Resources, Geology and Earth Resources Division, has announced the publication of geologic maps for the Brinnon and Eldon quadrangles. The announcement provided the following details:

Map Series 2012-02. Geologic map of the Brinnon 7.5-minute quadrangle, Jefferson and Kitsap Counties, Washington, by Michael Polenz, Eleanor Spangler, L. A. Fusso, D. A. Reioux, R. A. Cole, T. J. Walsh, Recep Cakir, K. P. Clark, J. H. Tepper, R. J. Carson, Domenico Pileggi, and S. A. Mahan. 2012. 42 x 36 in. color plate, scale 1:24,000, with 47 p. text. [http://www.dnr.wa.gov/Publications/ger_ms2012-02_geol_map_brinnon_24k.zip] [23.7 MB]

Map Series 2012-03. Geologic map of the Eldon 7.5-minute quadrangle, Jefferson, Kitsap, and Mason Counties, Washington, by T. A. Contreras, Eleanor Spangler, L. A. Fusso, D. A. Reioux, Gabriel Legorreta Paulin, P. T. Pringle, R. J. Carson, E. F. Lindstrum, K. P. Clark, J. H. Tepper, Domenico Pilegg, and S. A. Mahan. 2012. 42 x 36 in. color plate, scale 1:24,000, with 60 p. text. [ http://www.dnr.wa.gov/Publications/ger_ms2012-03_geol_map_eldon_24k.zip] [77.2 MB]

These publications are available free online. A limited number have been plotted and will be sold through the Washington Department of Enterprise Services for $23.01.

Those wishing to purchase a hard copy as mentioned above should, "(o)rder through the Washington State Department of Enterprise Services (http://www.prt.wa.gov/) Online Ordering Options. Select “MyFULFILLMENT”, sign in, select “Natural Resources (Geology Division)” under Fulfillment (by Agency). Publications are organized by series, and listed prices include shipping and handling; follow the website instructions to complete your purchase."

Tom

The print edition of The Wenatchee World for Thursday, December 13, carried an article on page B7 titled, "1872 law still saving miners from paying public-land royalties." (The online version of the article was available at the time of writing at the link here.)

The focus of this article, which is attributed to the Chicago Tribune, is an unspecified piece of legislation co-sponsored by Arizona Representative Raul M. Grijalva (D) that would require those who mine hard-rock deposits of gold, silver, copper and other minerals to pay a royalty of 12.5% to "fix" what the paper quotes Grijalva as calling, "this big hole in the federal government's revenue stream."

A search of the Chicago Tribune website failed to turn up the exact article appearing in the World, although there were several pieces on the subject. A search of THOMAS turned up one bill dealing with mining that was co-sponsored by Representative Grijalva: H.R.3446, Fair Payment for Energy and Mineral Production on Public Lands Act.

Introduced over a year ago, on November 16, 2011 by Massachusetts Representative Edward J. Markey (D), H.R.3446 is very much like H.R.2262 and its ilk reported on by this writer in 2008-9 here, here, here, and here. A re-reading of the main points of H.R.2262 presented in the aforementioned posts would do much to educate the reader regarding H.R.3446, the principal difference being the latter's imposition of a 12.5% royalty rate on all mines as opposed to the earlier bills' rates of 4% for existing mines and 8% for new ones.

Below is this writer's summary of some of the noteworthy provisions of H.R.3446, together with the pertinent sections, derived from a cursory scan of the bill's text:

1. Casual use, which is exempted in the bill, includes hand panning and non-motorized sluicing - SEC. 502. (a)(4)(B) but not suction dredging - SEC. 502. (a)(4)(C).

2. Establishes a royalty of 12.5% of the gross income from mining - SEC. 511. (a)(1).

3. Requires recordkeeping - SEC. 511. (c) and establishes audits - SEC. 511. (d).

4. Penalties for failure to comply with the royalty requirements are the same as under the Federal Oil and Gas Royalty Management Act - SEC. 511. (k).

5. Specifies which lands are open to mineral location - SEC. 521. (a) and which are not - SEC. 521. (b).

6. Requires permits for other than casual use mineral activities - SEC. 532.

7. Requires a permit for exploration - SEC. 533.

8. Requires a permit for operation - SEC. 534.

9. Requires the posting of "financial assurance" payable to the United States for reclamation - SEC. 536.

10. Establishes "user fees" for mineral activities - SEC. 542.

11. Establishes inspection and monitoring requirements - SEC. 543.

12. Judicial review of regulations implementing this bill may only be made in "the United States Court of Appeals for the District of Columbia." - SEC. 545. (b)(1).

13. Penalties for violations of permit requirements or regulations are up to $25,000 per violation per day - SEC. 546. (d)(1) and $1,000 per violation per day for failing to correct a violation - SEC. 546. (2).

14. Federal agents may without notice enter any premises to inspect records - SEC. 552. (d)(1) and may stop and inspect any vehicle suspected of carrying locatable minerals whether on a mining claim - SEC. 552. (4) or off - SEC. 552. (5).

Like the earlier legislative proposals, this one is claimed by its proponents to target the hard-rock mining operations of the large corporations while in reality sweeping all mineral activities except the most miniscule so-called "recreational" placer mining into its maw.

Equally fallacious is the claim by Representative Grijalva that the income to the federal government generated by this legislation would constitute a "fix" for a "big hole" in the government's revenue take. The World article quotes a GAO report to the effect that "the sales value of hard-rock minerals from federal land (was estimated) to be about $6.41 billion in fiscal year 2011." Applying 12.5% of this putative $6.41 billion to the government's acknowledged $16.3 trillion debt is equivalent to a man with a $100,000 mortgage making an additional annual payment of $4.92.

Rather than solve the federal governments budget crisis, passage of H.R.3446 would render almost all small-scale mining operations cost-ineffective, thereby increasing unemployment and economic hardship. After all, it is not the individual gold miner with his small, gasoline-powered dredge who is responsible for the economic death-spiral in which this country finds itself; the real culprit is the unconstitutional Federal Reserve system which, over the past 99 years of its existence, has counterfeited away over 95% of the dollar's value and with it the financial well-being of the American people. Rather than sucking more of the life-blood out of our already sick economy, Representatives Markey, Grijalva, and their cohorts should concern themselves with measures to solve rather than exacerbate our economic problems. But that, as the saying goes, is another story.

At the time of this writing, H.R.3446 remains in the House Subcommittee on Energy and Mineral Resources. Interested parties can follow its progress (or, hopefully, lack thereof) here.

For those interested in the text of this legislation, follow the link here.

In addition, the websites of the two representatives mentioned in this story are linked here should anyone wish to contact them with an opinion: Congressman Raul Grijalva; Congressman Ed Markey.

Tom

The Oregon Senate Committee on Environment and Natural Resources has scheduled a work session on December 11 for LC 2125, a measure which, if adopted in its present form, would prohibit placer mining "using any form of motorized equipment or motorized dredge." For violators, the consequences envisioned include a "maximum of one year’s imprisonment, $6,250 fine, or both."

LC 2125 further declares:

SECTION 6. This 2013 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2013 Act takes effect on its passage.

For Washington miners who worry about the suffocating hand of government over-regulation in California reaching ever closer to our own region (which worries appear well founded), a link to the appropriate committee agenda may be found here and the text of the measure here.

WSM intends to keep a weather-eye on this matter.

Tom

The Washington State Department of Natural Resources, Geology and Earth Resources Division, has announced the availability of a geologic map of the Lake Joy 7.5 minute quadrangle. The details are:

Map Series 2012-01. Geologic map of the Lake Joy 7.5-minute quadrangle, King County, Washington, by J. D. Dragovich, M. L. Anderson, S. A. Mahan, J. H. MacDonald, Jr., C. P. McCabe, Recep Cakir, B. A. Stoker, N. M. Villeneuve, D. T. Smith, and J. P. Bethel. 2012. Two color plates, 45 x 36 in. and 36 x 48.5 in., scale 1:24,000, with 79 p. text and 1 Microsoft Excel file.

This publication is available free by download from the link below:

http://www.dnr.wa.gov/Publications/ger_ms2012-01_geol_map_lake_joy_24k.zip

The announcement also states that hard copies may be ordered "through the Washington State Department of Enterprise Services (http://www.prt.wa.gov/) Online Ordering Options. Select 'MyFULFILLMENT', sign in, select 'Natural Resources (Geology Division)' under Fulfillment (by Agency). Publications are organized by series, and listed prices include shipping and handling; follow the website instructions to complete your purchase."

Tom

The Washington State Department of Natural Resources, Division of Geology and Earth Resources, has announced the release of a new version of the interactive geologic information portal.

Visiting this link:

https://fortress.wa.gov/dnr/geology/?Theme=wigm

takes you to the DNR Viewer Application displaying the Washington Interactive Geologic Map. Information available on the map includes Surface Geology at various scales, several Seismogenic Features, Ground Response to seismic events, Tsunami inundation areas, Base Layers, a Street Map, and Aerial Imagery. Map controls allow one to zoom to a chosen geographic area or to latitude and longitude coordinates, find an address, bookmark points of interest, identify features, query layers, draw and measure on the map, download a georeferenced map snapshot, and create a pdf for printing.

Other map themes are available from a drop-down box in the upper left corner of the map page or from this link:

http://www.dnr.wa.gov/ResearchScience/Topics/GeosciencesData/Pages/geology_portal.aspx

DNR reports that the new application runs on ArcGIS Server 10.0 and is more efficient than the previous version. They also promise further enhancements in the near future including the addition of new themes and utilities.

WSM intends to report on the future enhancements to this tool as they are announced. In the meantime, take the time to have some fun playing around with this useful system.

Tom

At long last a bit of good news for the small-scale mining community.

Thomas E. Tierney, a pick-and-shovel miner in Arizona, was cited by the Forest Service in May of 2011 for failing to obtain a special-use authorization before working his claim. The Forest Service charged that Tierney's digging had caused significant disturbance of surface resources.

On October 3, 2012, United States Magistrate Judge Charles R. Pyle found Tierney NOT GUILTY of the charges filed against him by the Forest Service. In his eleven page order, Judge Pyle did a thorough job of demolishing the Forest Service's arguments, and it is for this reason that I am making a pdf file of the decision available at the link below as it contains information and explanations of the law that could prove useful to miners and prospectors who operate on Forest Service lands.

Download and read Judge Pyle's decision in United States of America v. Thomas E. Tierney here:

https://www.box.com/s/yb1y2thkvyutwbzwdv0t

Tom

The South West Oregon Mining Association (SWOMA) reported today that US Forest Service personnel appear to have stolen two camp trailers and other personal property belonging to David "Miner Dave" Everist from his Twin Cedar Placer property on the Sturgis Fork of Carberry Creek in Josephine County, Oregon.

Full details of this latest outrage are available at the SWOMA webpage here.

Everist's previous difficulties with the USFS were the topic of earlier posts here, here, here, and here.

Tom

Washington DNR's Geology and Earth Resources Division has announced the availability of the following publications:

Open File Report 2011-3. Geologic map of the Hoodsport 7.5-minute quadrangle, Mason County, Washington, by Michael Polenz, B. A. Miller, Nigel Davies, B. B. Perry, K. P. Clark, T. J. Walsh, R. J. Carson, and J. F. Hughes. 2012. 33 x 36 in. color sheet, scale 1:24,000, with 18 p. text. (Available online at http://www.dnr.wa.gov/Publications/ger_ofr2011-3_geol_map_hoodsport_24k.zip [16.9 MB].)

Open File Report 2011-4. Analytical data from the Hoodsport 7.5-minute quadrangle, Mason County, Washington—Supplement to Open File Report 2011-3, by Michael Polenz, B. A. Miller, Nigel Davies, B. B. Perry, J. F. Hughes, K. P. Clark, T. J. Walsh, J. H. Tepper, and R. J. Carson. 2012. 42 p. (Available online at http://www.dnr.wa.gov/Publications/ger_ofr2011-4_hoodsport_supplement.pdf [7 MB].)

Open File Report 2011-5. Geologic map of the Holly 7.5-minute quadrangle, Jefferson, Kitsap, and Mason Counties, Washington, by T. A. Contreras, S. A. Weeks, K. M. D. Stanton, B. W. Stanton, B. B. Perry, T. J. Walsh, R. J. Carson, K. P. Clark, and S. A. Mahan. 2012. 37 x 36 in. color sheet, scale 1:24,000, with 13 p. text. (Available online at http://www.dnr.wa.gov/Publications/ger_ofr2011-5_geol_map_holly_24k.zip [14 MB].)

Open File Report 2011-6. Analytical data from the Holly 7.5-minute quadrangle, Jefferson, Kitsap, and Mason Counties, Washington—Supplement to Open File Report 2011-5, by T. A. Contreras,
S. A. Weeks, and B. B. Perry. 2012. 16 p. (Available online at http://www.dnr.wa.gov/
Publications/ger_ofr2011-6_holly_supplement.pdf [7.9 MB].)

Open File Report 2011-7. Washington State School Seismic Safety Pilot Project—Providing safe schools for our students, by T. J. Walsh, J. D. Schelling, and the Washington State Seismic Safety Committee. 2011. 14 p. (Available online at http://www.dnr.wa.gov/Publications/ger_ofr2011-7_school_pilot_project.pdf [8.3 MB].)

Information Circular 113. Loss estimation pilot project for lahar hazards from Mount Rainier, Washington, by Recep Cakir and T. J. Walsh. 2012. 17 p. (Available online at http://www.dnr.wa.gov/
Publications/ger_ic113_mt_rainier_lahar_hazards.pdf [2.7 MB].) Printed copies may be obtained free of charge from the Washington State Department of Enterprise Services. (See page 3 of the Publications List http://www.dnr.wa.gov/ResearchScience/Topics/GeologyPublicationsLibrary/Pages/pubs.aspx] for ordering instructions.)

Also released are updates of five Tsunami Evacuation Brochures for the Washington Coast: Aberdeen and Hoquiam (15.5 MB), Clallam Bay (17.6 MB), Cosmopolis and South Aberdeen (14.3 MB), La Push (2.4 MB), Lummi Island (4.0 MB), Neah Bay and Vicinity (4.3 MB), and Port Angeles and Vicinity (5.2 MB). (Available online at http://www.dnr.wa.gov/ResearchScience/Topics/GeologyPublicationsLibrary/Pages/tsuevac.aspx.)

For those of you who would like to receive notification of these publications directly, you may subscribe to the GEOLOGY-PUBLICATIONS list at the following link:

http://listserv.wa.gov/cgi-bin/wa?SUBED1=GEOLOGY-PUBLICATIONS&A=1

Tom

According to an Associated Press story reported here and elsewhere on the Web, House Republicans have "pushed through" a bill, H.R.4402, that would:

...give the federal government discretion to eliminate its environmental reviews of mining projects and accept state reviews instead. It would curtail the time for environmental reviews by limiting the review period to 30 months unless mining companies and the government agreed to an extension.

It would also set a 60-day time limit to file a legal challenge to a mining project, limit injunctions to what is necessary to correct legal requirements and prohibit payment of attorneys' fees, expenses and other costs billed to taxpayers.

The AP article goes on to state that the measure will likely fail in the Democratic-controlled Senate. Whether that is the case may depend in good part on the actions of the mining community in support of this legislation.

For those interested, the status of H.R.4402 may be monitored by using the search box here, and the text read here.

Tom

WSM has learned that The New 49'ers, a prospecting association dedicated to small-scale gold mining and headquartered in California, plans to appeal to the U.S. Supreme Court the recent ruling of the U.S. Ninth Circuit Court of Appeals regarding suction dredge mining in Northern California's Klamath River. (See related post here.)

Successfully prosecuting the appeal will depend in large part on having sufficient funds to pay the attorneys, according to Dave McCracken, Founder and General Manager of The New 49'ers.

Those wishing to help fund the appeal may send checks to:

The New 49'ers
P.O. Box 47
Happy Camp, CA 96039

Donors should write a note on the check that it is for the legal fund. They will then receive acknowledgement of the donation from The New 49'ers.

This issue is of importance to miners in Alaska, Arizona, California, Idaho, Montana, Nevada, Oregon, and Washington, as the Ninth Circuit ruling opens the door for similar rulings in all of the above states.

WSM will continue to update this story as it unfolds.