Mining operations impact coho habitat: The grim reality

A Southwest Oregon miner's second conviction for illegal mining has led to a jail sentence. The Oregonian reports that Clifford Tracy was cited for ignoring the BLM's gold mining procedures at a mining claim on Galice Creek. The creek is a direct tributary of the National Wild and Scenic Rogue River. It would be withdrawn from mineral entry, subject to valid existing right, by Senator Ron Wyden's Rogue Wilderness Area Expansion.

U. S. Department of Justice photo of illegal mining operation on Galice Creek

Click here to read the Oregonian's news brief and here to read the U.S. Attorney's press release.  See the photo essay below of the mining at Galice Creek and description of Mr. Tracy's unlawful mining operation on Sucker Creek.

Read this guest opinion in the New York Times by two fisheries scientists on the need to change the 1872 Mining Law.

Both Galice and Sucker Creek are critical habitat for Southern Oregon Northern California Coast (SONCC) Coho Salmon. View the Draft SONCC Coho Recovery Plan here.

Mr. Tracy was convicted on a similar charge in 2009 at his mining claim on Sucker Creek, a tributary of the Illinois River. However, he didn't receive any jail time and because he filed for bankruptcy he wasn't required to pay for reclamation.  Instead the taxpayers bore the $30,695 cost required to mitigate the damage to the Riparian Reserve of Sucker Creek.

Siskiyou Project photo of Cliff Tracy's mining operation on Sucker Creek from 2009

Shortly after the first conviction Clifford Tracy filed a new mining plan on Sucker Creek.  In June of 2011, the Oregonian reported the Forest Service would not factor in his prior conviction or the failure to pay reclamation costs to their evaluation of the new proposal. Read the full Oregonian article here.

Mr. Tracy was convicted because he failed to follow procedures. Both the Forest Service and BLM are to be commend for seeking compliance with their regulations, but the grim reality is that if Mr. Tracy had followed regulations, he would more than likely been allowed to mine.

Low gradient high value reach of Galice Creek. Photo Klamath-Siskiyou Wildlands Center.

The federal government's position is that absent a withdrawal of federal lands from the 1872 Mining Law, they have no authority to deny a mining operation that's reasonable.  Even if lands are withdrawn for conservation purposes—if a mining claim is found to be valid (meet all requirements of the law, including the discovery of a valuable mineral deposit)—mining cannot be denied. 

Equally unjust is government policy that operates on the assumption that all claims are valid and there's a right to mine under the law. Therefore, unless an area is officially withdrawn there is no inquiry into whether an individual or corporation actually has a right to mine under the 1872 Mining Law. Both antiquated law and government policy make mining the dominant use of heritage lands that are held in trust for all Americans. This includes critical habitat for coho salmon that are at high risk of extinction and National Wild and Scenic Rivers unless they're formally withdrawn from the mining law.

It's time to change the 1872 Mining Law.

Photo Essay Galice Creek Mining

Mining operation along Galice Creek. Photo Klamath-Siskiyou Wildlands Center 2011.

Mining operation adjacent to Galice Creek. Photo Klamath-Siskiyou Wildlands Center 2011.

Excavation at mining operation on Galice Creek. Photo Klamath-Siskiyou Wildlands Center 2011.

The United States Attorney's Office Press Release describes Mr. Tracy's Sucker Creek unlawful mining:

In November 2009, Tracy was convicted for unlawfully conducting mining operations on Forest Service land. In that case, Tracy became frustrated with the Forest Service approval process and began a mining operation along Sucker Creek, also in Josephine County, without any permits. He used heavy equipment to construct a road, excavate a large holding pond, and cut several large trees, resulting in damages totaling $30,695 for rehabilitation costs and lost timber value. He was sentenced to one year probation with no fine, restitution, or imprisonment. In contrast, the one year incarceration imposed in the present case is the maximum sentence that may be imposed under federal law.

And the Galice Creek unlawful mining:

MEDFORD, Ore. – United States District Court Judge Owen M. Panner sentenced Clifford Randall Tracy, 40, of Gold Hill, Oregon, to one year in prison for conducting unlawful mining operations on lands managed by the U.S. Bureau of Land Management. Tracy was also ordered to pay $4,360 restitution for reclamation costs.

In February 2011, Tracy proposed a gold mining operation on BLM lands on Galice Creek in Josephine County, Oregon. BLM informed Tracy that he must submit a plan of operations and post a bond before beginning any mining activity, because his mining proposal affected critical habitat for threatened species. Tracy ignored BLM’s procedures and began mining without BLM approval in May 2011, using heavy equipment to clear vegetation, excavate a large holding pond, and process soil, causing significant surface disturbance to land alongside Galice Creek and sediment discharge into the creek. His illegal mining activity was discovered in June 2011 when BLM geologists observed sediment discharge in Galice Creek over a mile downstream from the mining site. A photograph taken at the time is attached to this press release. BLM law enforcement immediately presented Tracy with a cease and desist order, but Tracy ignored their directive and continued to operate.