Resources Coalition Archive News and Information
01/31/2010
Attention All Small Scale Mineral Prospectors and MinersOn February 2, 2010, The House Agriculture & Natural Resources Committee will hold a public hearing on the below Bills. Each of these bills affects you in some way; how we are allowed to conduct our activity.
(*YES) (**NO)
* HB 2597 - Streamlining state environmental permitting through the [elimination of the hydraulics project approval process.]
Saves the state nearly nine million dollars in general fund money each biennium by removing the hydraulic project approval process responsibilities from the department of fish and wildlife.
Many additional federal, state, and local resource protection regulations exist. So complete is the safety net of regulations affecting Washington waterways that the HPA process has grown redundant and unnecessary.
* HB 2974 - Regarding enforcement actions under chapter 77.55 RCW. Requires the department of fish and wildlife to provide a person against whom an enforcement action is being taken with a [statement of violation].
Any statement of violation prepared under this section must include, at a minimum, the following contents:
(a) A detailed explanation of how the offending project is causing harm to fish life;
(b) Evidence of individual fish actually being harmed by the project, if any, including any documentation of instances of fish mortality linked to the project; and
(c) A signature by a department biologist confirming that the biologist has personally and physically investigated the impacts of the project and attests to the accuracy of the information contained in the statement of violation.
** HB 3037 - Concerning permitting of hydraulic projects.
Authorizes the department of fish and wildlife to improve the process for permitting of hydraulic projects and establish fees to pay for a portion of the program's costs.
An Important Note: The wording in this bill, as it is being presented, is the same as that of it's companion, SB 6448. SB 6448 was heard by the Senate Natural Resources, Ocean & Recreation committee on January 20th and was objectionable to more than just the prospectors and miners. We found out during that hearing, the bill was being rewritten and an amended version would be presented at a later date. There exists the great possibility that the rewritten bill will be presented as an amendment at this hearing.
These public hearings will start at 1:30, in the John L. O'Brien Building, House Hearing Rm B.
Here is a map of the Capital campus.
It is of our interest to get the small scale mineral prospecting and mining community to attend this hearing. For those individuals that can attend this hearing, I recommend that you review this web page on How to Testify in Committee. There will be a sign in sheet for each bill, be sure to sign on each one and indicate your position on that bill, Pro or Con. To provide for final strategic planning and to make sure we're all on track, let us plan on meeting at 12:30 at the sundial located between the two legislative buildings. Should we find a better location to assemble and discuss, we can redirect from there.
I encourage you to contact the members of the committee and let them know your stand on these bills. Here is the House Agriculture & Natural Resources Committee Members web page.
The telephone and fax number for the committee itself is at the top. Any calls/faxes to these numbers are handled by the committee aide and forwarded to each committee member.
For those writing via Email;
I recommend 3 different emails, 1 for each bill.
The SUBJECT is "Public Comment on HB 2597" or "Public Comment on HB 2974" or "Public Comment on HB 3037".
Send "TO" the Chair, Rep. Brian Blake, and "CC" the rest of the committee members.
The first line should give your position on the bill, IE: "Thank you for giving me the opportunity express my support of HB 2974" or "I would like to express my opposition to HB 3037"
In the next 1, 2 or 3 paragraphs, express why you are in support or in opposition of the bill, and back that statement up with facts. As an example to HB 3037, "This bill will adversely affect inter-agency budgets and provide no income to the state as the majority of the more complex projects are accomplished by other state and federal agencies" At the end of your Email, be sure to put your Name, Address and Phone.
On another note, Please write/Email the WDFW Commission or attend the February 6th meeting (Late morning Public Input time) to inform them of your dissatisfaction that they would consider holding discussion with NOAA Fisheries to make changes to the Mineral Prospecting rules and then adopting those changes as "Emergency rules" as suggested by Mr Greg Hueckel. This is being considered based on perception, without scientific data, and without public input. For information regarding this issue, please go to the Resources Coalition Latest News and Information webpage.
01/25/2010
Proposed General Wastewater Permit for Small Suction Dredge Mining in IdahoEPA proposes to issue a National Pollutant Discharge Elimination System (NPDES) General Permit to placer mining operations in Idaho for small suction dredges (intake nozzle size of 5 inches in diameter or less and with equipment rated at 15 horsepower or less). When issued, the permit will establish effluent limitations, standards, prohibitions and other conditions on discharges from covered facilities. A description of the basis for the conditions and requirements of the proposed general permit is given in the Fact Sheet. This is also notice of the draft §401 Certification provided by the state of Idaho.
Public Comments:
1. On the permit: Persons wishing to comment on the tentative determinations contained in the proposed permit may do so in writing, within 45 days of the date of this public notice. Comments must be received by March 8, 2010. All comments should include the name, address, and telephone number of the commenter, a concise statement of any comment, and the relevant facts upon which it is based. All written comments and requests should be submitted to USEPA-Region 10, 1200 Sixth Avenue, Suite 900, OWW-130, Seattle, WA 98101-3140. Comments may also be submitted via email to godsey.cindi@epa.gov or faxed to (206) 553-0165. A request for a public hearing must state the nature of the issues to be raised as well as the requester’s name, address and telephone number.
2. On EPA’s request for Section 401 certification: Persons wishing to comment on EPA’s request for certification of the permit under Section 401 of the CWA must submit written comments by March 8, 2010 to Johnna Sandow, Idaho Department of Environmental Quality (IDEQ), 1410 N. Hilton Boise, Idaho 83706. Ms. Sandow may be reached by phone at (208) 373-0163 or by e-mail at Johnna Sandow.
01/24/2010
Following the December 4, 2009, WDFW Commissioners meeting, Robert Cunningham "RC" of Northwest Treasure Supply wrote a follow up Email to the Commission. In this Email, he addressed the errors contained within the Letter from NOAA to the Director and requested that members of the Small Scale Mineral Prospecting and Mining community be included in any future discussions with NOAA.On January 13, 2010, "RC" received a reply from the Commission via Greg Hueckel, Assistant Director, Habitat Program. After you get by the rhetoric of the errors in the letter from NOAA, you notice that there was an investigation and supposed violations had occurred but citations had not been issued. Further reading indicates that during the Rule making process, NOAA had concerns, but decided to take a "wait and see" attitude and now believes the rules are inadequate. He then states that WDFW will work closely with NOAA Fisheries to modify the rules, and then request the commission adopt these changes as emergency rules without public input.
Resources Coalition contacted our legal representative. In response to Mr. Hueckel's letter, our attorney, James Buchal, sent letters to the WDFW Commission and to the Attorney General that should the department continue to work privately with NOAA Fisheries and adopted changes under emergency rule making, legal actions would commence immediately.
Now that this action has taken place, it is up to all of us in the Small Scale Mineral Prospecting and Mining community to write/email the WDFW Commission and express your concerns. Better yet plan on attending the WDFW Commission meeting on Saturday, February 6, 2010 and tell them during the late morning Public Input period.
Fish and Wildlife Commission’
Meeting Minutes & Agendas
01/21/2010
PLP filed a preliminary injunction against SB 670 the California DFG moratorium on suction dredging at 12 noon on January 21, 2010. The case will be heard before Judge Morrison C. England in court room 7 of the Federal Eastern District Court on February 25, 2010 in Sacramento.PLP v. State of CA Memorandum in Support of Preliminary Injunction (PDF)
The following Bills are before this years legislation, some from last years, that we need to be cognizant of!
01/15/2010
This is a call to action: Senate Bill 6448 concerning permitting of hydraulic projects was introduced Thursday and on the fast track towards legislation. This bill will direct WDFW to charge a fee to file and obtain a Hydraulic Project approval (HPA); this is the permit for which we use motorized prospecting and mining equipment in Washington State. Proposed is a fee of $100 to work under the new Gold and Fish Pamphlet. For those that submit an individual HPA the fee will be $250, $525 or greater, depending on the complexity of the project or number of sites identified on the application.If you are unable to attend, please contact the committee by Telephone: 360-786-7419, Mail or Email before Wednesday Morning. The mailing address of the committee, email addresses of the committee members and more information on this bill and others may be found on the Resources Coalition Website at www.resourcescoalition.org
And while you are visiting the website, please take the time to sign up to receive Action Alerts by email. You will be informed as soon as we become informed on this issue and others that affect your rights.
Here is the website address of the Senate Natural Resources, Ocean & Recreation Committee: LINK
You can't email the committee as a whole, so you have to do it individually.
The subject is "public comment to SB 6448"
So you don't have to search for all their email's here they are:
Senator Ken Jacobsen (Chair)
Senator Kevin Ranker(Vice Chair)
Senator Bob Morton
Senator Karen Fraser
Senator James Hargrove
Senator Brian Hatfield
Senator Val Stevens
Senator Dan Swecker
I would suggest:
Send 1 Email with the TO: Senator Jacobsen and everybody else cc'd.
First sentence is you are opposed to SB 6448 "Concerning permitting of hydraulic projects".
The rest of the letter identify those points why you oppose this bill and a statement of fact to back your idea.
Example:
"There will be no revenue from the Small Scale Mineral prospector or Miners because nobody will file an individual HPA that costs $250 or more when they don't find $250 in precious minerals"
"This bill will adversely affect inter-agency budgets and provide no income to the state as the majority of the more complex projects are accomplished by other state and federal agencies"
Keep your comments short and to the point so that they are not overwhelmed and they READ it.
To submit you Public comments by regular mail or phone:
Send 1 letter to the committee, Staff will redistribute them to the members.
Senate Natural Resources, Ocean & Recreation Committee
411 J.A. Cherberg Bldg.
P.O. Box 40466
Olympia, WA 98504-0466
Telephone: 360-786-7419 / Legislative Hotline: 1-800-562-6000
Do not forget to contact your Town, City and County elected officials and let them know of this legislation. Should they need to get an HPA, (flood prevention measures come to mind) they too will pay. The application fees for a general permit is $250 and a $5,250 processing fee. What will that do to their budget??
Should the committee decide to pass....You will need to contact you local senator and let him/her know to vote against.
01/14/2010
SB 6448 - Concerning permitting of hydraulic projects will be heard by the Senate Natural Resources, Ocean & Recreation Committee on January 20, 2010 at 8:00 a.m.This bill was introduced to the Senate this morning. This is the bill that the governor has directed WDFW to put into legislation. This bill establishes FEE's to be collected under the HPA program amongst other things. To conduct mineral prospecting under the Gold & Fish Pamphlet will cost $100. Those persons who need to apply for an Individual HPA will be charged $250. If the scope of the project is determined to rise above the level of low complexity, there is an additional fee, starting at $275. If you have multiple sites the fee's are Twenty percent of the total low, medium, or high complexity category fee for each additional site.
HB 1117 Regarding enforcement of the requirements of chapter 77.55 RCW.
Allows the department of fish and wildlife to issue an order to a person or government agency requiring the person or government agency to:
(1) Stop work on any or all of the activities subject to the hydraulic project approval;
(2) Correct or restore the nonconforming site; or
(3) Both stop work and correct or restore the nonconforming site, if the person or government agency fails to follow the requirement of obtaining a hydraulic project approval under chapter 77.55 RCW for a specific project. Provides penalties.
HB 1178 Regarding enforcement of environmental permits.
Permits the Fish and Wildlife Commission to identify certain hydraulic projects that are exempt from criminal prosecution and instead creates natural resources infractions.
Permits the Department of Fish and Wildlife to issue orders for unlawful hydraulic projects that require the person conducting the project to stop working on the project or to restore damage done by the project.
HB 2597 Streamlining state environmental permitting through the elimination of the hydraulics project approval process
Saves the state nearly nine million dollars in general fund money each biennium and allows the department of fish and wildlife to free the resources necessary to pursue its primary management responsibilities by removing the hydraulic project approval process responsibilities from the department of fish and wildlife and relying on the government infrastructure and other environmental programs to provide the vital role of protecting fish life and habitat
SB 5064 Participating in the management of Washington's portion of the Yukon to Yellowstone Rocky mountain ecosystem.
Requires the department of fish and wildlife:
(1) To participate with wildlife management agencies and conservation organizations in other states and provinces, comprising the Canadian Rocky mountains ecoregional area, in the cooperative programs of the Yukon to Yellowstone conservation initiative; and
(2) Where the Yukon to Yellowstone conservation initiative has identified priority species, habitats, or landscapes lying within Washington state, to actively seek to involve local governments, landowners, and local conservation organizations in the initiative.
Declares that Spokane is the largest city within the Yukon to Yellowstone region in the United States; and that the city of Spokane should be recognized as the United States' capital of the Yukon to Yellowstone ecoregion.
01/09/2010
HB 2597 - "Streamlining state environmental permitting through the elimination of the hydraulics project approval process"
This is an important bill written by Representative Pearson for the 2010 Regular Session of the State of Washington 61st Legislature.
Note: This bill if adopted would repeal RCW 77.55.091 (Small scale prospecting and mining--Rules)
Please contact your legislative representative for your district and ask that they support this cost saving bill.
Click here to find your representative : Find Your Legislator
Also of note at this time, the WA State Department of Ecology is currently conducting a study:
Potential Impacts from Mercury Used in Historic Gold Mining on Six Rivers and Streams
Please take the time to visit the link above to learn more about this.
The Small Scale Mining Community has worked with Washington Department of Ecology for some time to turn in collected mercury and lead.
The Washington Department of Ecology website has the following pages that highlight those efforts:
Mercury Partnerships - Small-scale Miners
Quicksilver Champions
12/28/2009
IMPORTANT NOTICE TO ALL OREGON SUCTION DREDGE MINERS:On December 23, 2009, the Oregon Court of Appeals finally issued a ruling regarding the Oregon Suction Dredge Mining Permit (700-PM); declaring the permit INVALID.
BACKGROUND: The Oregon Dept. of Environmental Quality issued the new 700-PM Suction Dredge Mining General Permit in July of 2005. In August ’05, a coalition of environmental orgs (NEDC et al.) filed challenges to the new permit, claiming among other things, that the new permit was not restrictive enough (after-all, the new permit did in fact allow suction dredge mining).
In the fall of ’05, the Eastern Oregon Mining Association (EOMA), with the help and support of the Waldo Mining District, Willamette Valley Miners, and other mining orgs, filed to intervene in the NEDC challenge, and filed a challenge of their own against the permit (the EOMA challenge claimed the 700-PM permit was the wrong permit (being issued as a “NPDES” permit pursuant to Section 402 of the Clean Water Act (CWA) for the EPA instead of a “non-NPDES” permit pursuant to Section 404 of the CWA through the Army Corps.)
Unfortunately, although the Oregon court declared the 700-PM permit invalid, they did not clearly rule which, if any, permit was actually required (i.e.; Sec. 402 or sec. 404 of the CWA, or neither). Parties in this case have been given 2-3 weeks to file appeals for clarification.
So, at this time, Oregon suction dredge miners are in the same boat as California suction dredge miners in that the law says a permit is (or may be) required, and yet no permit is available . . . and it is unlikely that any permit will be available by summer of 2010.
EOMA is planning to appeal or request clarification of the ruling. They need the support of the Oregon suction dredge mining community. Although not as expensive as the preliminary challenge and intervention, any appeal will none-the-less cost minimally several thousands of dollars.
PLEASE SEND YOUR GENEROUS DONATIONS TO:
EASTERN OREGON MINING ASSOCIATION
PERMIT LEGAL FUND
P.O. BOX 932
BAKER CITY, OR 97814
. . . or forget dredging in Oregon!
Thanks in advance for your help & support.
Sincerely;
Tom Kitchar
Waldo Mining District
Court Document
12/13/2009
From the Fish and Wildlife Commission Meeting of December 4th and 5th, 2009.WDFW status report on the implementation of WAC rules governing small scale mineral prospecting.
Staff Report (Windows Media Video): Pat Chapman, Regulatory Services Coordinator, Habitat Program
Open Public Input 12/04/09 (MP3 Audio File): Robert Cunningham, of NWTS at 1:24 minutes on the NMFS letter to the WDFW Director.
Open Public Input 12/05/09 (MP3 Audio File): Richard Holcomb, Bedrock Prospectors; William Thomas, Resources Coalition; Steven O’Neill, WA State Prospectors; Robert Cunningham, NWTS; Robert P. Carstensen; Bruce Beatty.
Small scale mineral prospecting public input begins at 4:45 minutes into the audio transcript.
In the Public Comments, Robert Cunningham and Steve O’Neill refer to a letter written by NOAA Fisheries to the WDFW, read it here: NMFS Letter to Director WDFW
This letter contends that King 5 News showed over 35 prospectors dredging in a confined area in the spring of 2009.
That is absolutely false!
You Decide - here's a link to the story that aired on King 5 News, April 9, 2009: Gold panning making a comeback
