Enviros cite mining violations, call for enforcement
From our weekly issue dated October 14, 2009
Recent enforcement action against at least one miner in Illinois Valley by federal agencies seems to coincide with complaints from environmental groups.
Barbara Ullian and Lesley Adams from Friends of the Kalmiopsis and Rogue Riverkeepers/Klamath Siskiyou Wildlands Center wrote a letter, dated Sept. 8, addressed to Joel King, district ranger of the U.S. Forest Service Wild Rivers Ranger District.
On Sept. 9, Gold Hill resident Clifford Tracy, 37, was arrested by USFS law enforcement personnel during a traffic stop after leaving his mining claim on Sucker Creek in Illinois Valley.
The letter states concern about a mining operation that began around Aug. 6 on a portion of the Illinois River classified as “scenic.” It also included photos showing evidence of mining activity taken by Rogue Riverkeepers and KS Wild staff members, and alleges that miners are engaged in overnight camping and the use of off-road motorized vehicles on protected lands.
However, the contents of the letter indicate that USFS may have been initially reluctant to pursue enforcement of mining activities.
“KS Wild also contacted Karla Gallegos of your office and was told that the Forest Service has no authority in this matter,” the letter said.
In the letter, Adams and Ullian argue that the mining activity “violates the conditions and restrictions of the Illinois River Recreation Development Plan.
“We believe the mining operation is in violation of the National Wild and Scenic Rivers Act,” the letter states. “The Act requires the Forest Service to administer the Illinois Wild and Scenic River to protect and enhance its outstandingly remarkable values.”
The letter states that the mining operation “has clearly not been monitored,” and asks USFS to step up its regulatory enforcement efforts.
“In conclusion, we request that the Rogue River-Siskiyou National Forest immediately prohibit further mining of this site until a mining plan of operation has been submitted and the required environmental analysis is completed under the National Environmental Policy Act,” the letter states.
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King said that the mining enforcement is “part of ongoing litigation. We need to respect that process.”
King stated that USFS has seen no increase in complaints about mining, as far as he knows. He added that miners are an “important part of the community.”
KS Wild Campaign Director Joseph Vaile said that the agencies have a mandate to engage in such enforcement activities.
“They’re supposed to implement the laws which govern mining on public lands,” Vaile said. “Those laws relate to miners having to show that they have a valid claim and that they will abide by the other laws, which include not harming salmon, affecting water quality and not harming old-growth forests.”
Because the mining is occurring on public land, Vaile said, special precaution must be taken to ensure compliance with environmental restrictions.
“If you’re operating on public land, you have to abide by the rules and regulations that govern that land,” he said. “Otherwise, you’re breaking the law.”
These kinds of controversies regarding mining on public lands have led KS Wild and other environmental groups to call for changes to the nation’s mining laws, which go back to 1866.
“I think by definition, a law from 1866 would be antiquated,” Vaile said. “We’re talking about laws that go back almost to before Oregon was even a state.”
A town hall meeting on mining will be held at Anne G. Basker Auditorium on Wednesday, Oct. 28 from 6 to 8 p.m.
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