Save Our Chetco River

Brookings SONCC Coho Recovery Plan Public Meeting

2012-01-26T17:34:00.000-08:00

NOAA Fisheries Service has announced its public meeting schedule for the Draft Southern Oregon/Northern California Coast Coho Salmon Recovery Plan. The Brookings meeting is February 2, 2012 from 5:00 to 830 p.m. at the Chetco Community Public Library, 405 Alder Street. We've included NOAA's flyer with meeting schedule.

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Frequently Asked Questions

For links to the draft recovery plan chapters on the Chetco, Elk, Smith and Illinois core populations, along with maps and other information, click here.

Chetco River named core population in draft SONCC coho recovery plan, but they're at high risk of extinction

2012-01-25T22:39:00.000-08:00

On January 5, 2012, the National Marine Fisheries Service released the draft recovery plan for Southern Oregon/Northern California Coast Coho Salmon (SONCC Coho Salmon). The public now has an opportunity to review the plan and submit comments. Comments must be received by 5:00 p.m. on March 5, 2012. The Federal Register Notice with more about how to comment is available here. The SONCC Coho Salmon Recovery Plan is available online here.

Northern extent of SONCC Coho Salmon Evolutionary Significant Unit. The Chetco River core population area is outlined in red. The Elk, Illinois and Smith River were also designated core populations.

SONCC Coho Salmon include 45 populations from the Elk River in the north, to the Mattole River in the south. These coho salmon were listed under the Endangered Species Act in 1997. Critical habitat was designated in 1999. It includes accessible reaches of river, their tributaries and estuarine areas.

The recovery plan identifies four rivers of the Wild Rivers Coast as core populations. They are the Elk, Illinois Chetco and Smith Rivers. Core population area defined as independent populations that are judged most likely to become viable most quickly. The core populations were chosen based on factors such as current habitat quality, current abundance and distribution of coho salmon, land use, and prospects for future improvement. However, the four core populations are also identified as currently at high risk of extinction. According to the draft recovery plan:

The Chetco River coho salmon population is not viable and at high risk of extinction, because the estimated average spawner abundance over the past three years has been less than the depensation threshold.

As a functionally independent population, the Chetco River would have once served as a source of spawners for adjacent basins, such as the Winchuck River to the south and Pistol River to the north. As a core population, the Chetco River will be an important source of colonists to other recovering basins in the ESU.

Map from NMFS Chetco River profile. Click on map for a larger version. The map shows the geographic boundaries of the Chetco River coho salmon population and the modeled Intrinsic Potential of habitat (Williams et al. 2006), land ownership, coho salmon distribution (ODFW 2010a), and location within the Southern-Oregon/Northern California Coast Coho Salmon ESU and the Interior Rogue diversity stratum (Williams et al. 2006). Grey areas indicate private ownership.

The recovery plan includes a population profile for each of the SONCC Coho Salmon populations. The profile for the Chetco River population can be viewed here, for the Smith River here, for the Elk River here and for the Illinois River here. All four rivers are also Congressionally designated National Wild and Scenic River in acknowledgement of their nationally outstanding water quality, wild fisheries, scenery and recreation values.

Each of the four watersheds have a high percentage of National Forest and BLM lands—between 75 and 83 percent. The above map of the Chetco River watershed demonstrates this. Additionally, over 40 percent of the Chetco River's watershed is within the Kalmiopsis Wilderness. The Kalmiopsis may be one of the few Wilderness Areas in the nation that includes habitat for threatened coho salmon. The high percentage of federal lands is one reason why the Wild and Scenic Rivers of Oregon's Wild Rivers Coast and Kalmiopsis Wildlands are one of the nation's most important salmon refuges.

A good place to start to understand the SONCC Coho Salmon recovery plan is the Executive Summary and Key to Understanding.

See also Managing whole watersheds for big fish.

Wild Chetco inspires new ATV inflatable kayak

2012-01-25T00:24:00.000-08:00

In June of last year, four intrepid kayakers packed gear and boats 8 rugged miles into the heart of the Kalmiopsis Wilderness to run the Wild Chetco River. Zach Collier of Northwest Rafting Company writes:

After running the wilderness section of the Chetco River last June I was inspired to design a new SOTAR inflatable kayak that could carry overnight gear. I also wanted a boat that would act more like a small raft rather than a traditional inflatable kayak. My friend Billy Miller paddled an Alpaca on our trip and I noticed some advantages to the larger and non-diminishing tubes.

Billy Miller in the boof. Wild Chetco River, Kalmiopsis Wilderness, June 2007. Zach Collier photo.

Read more about the design process for the ATV. See video of their trip here.

Chetco River, 20 pound steelhead caught and released

2012-01-19T15:01:00.000-08:00

Kudos to John Sellers and guide Tony Sepulveda for their decision to release this beautiful 20-pound wild Chetco River steelhead on January 18th. The Chetco, with almost half of its watershed in the Kalmiopsis Wilderness and 78 percent in National Forest or BLM lands, has proven it's priceless once more. The river was recently featured in a New York Times Guest Opinion A Mining Law Whose Time Has Passed, co-authored by fisheries scientist Robert Hughes.

Guide Tony Sepulveda (left) and John Sellers with 20 pound Chetco River steelhead.

FishWithJD describes the discussion to release the fish to keep its genetics in the gene pool:

Congratulations are in order for John…fish like that don’t come every day. And to that end, he thoughtfully opted to release it, despite the ridiculous regulation in Oregon that allows for the retention of wild steelhead.

“John’s a relative newcomer to steelhead fishing, catching his first on the Eel with me last winter,” says Tony. “With his big fish resting in the net, we talked about the importance of keeping those genetics in the gene pool. John was immediately on board. We took a few pictures and sent him on his way. We ended the day by 1:00 pm with 6 landed out of 10 hooked, a 20 pounder and a double hookup. Not a bad day!”

Ready the full post and comments at FishWithJD. Most comments included kudos for releasing the steelhead.

Representative Peter DeFazio and Senators Ron Wyden and Jeff Merkley introduced the Chetco River Protection Act in 2011. The legislation would provide greater protection for the National Wild and Scenic Chetco River in the face of eight plans of operation to mine almost 20 miles of the river itself with suction dredges weighing up to a ton.

Chetco River on New York Times Opinion Page

2012-01-12T06:43:00.000-08:00

In "A Mining Law Whose Time Has Passed," fisheries scientists Robert M. Hughes and Carol Ann Woody use the Chetco River as one example of the need for reform of the 1872 Mining Law. Their Op-Ed, which appears on the Opinion Page of the January 11, 2012 New York Times, states:

The river’s gin-clear waters teem with wild trout and salmon, including giant Chinook salmon tipping scales at more than 60 pounds. In 1988, Congress designated the Chetco a national wild and scenic river “to be protected for the benefit of present and future generations.

But the river is now threatened by proposals to mine gold along almost half of its approximately 55-mile length. Suction dredges would vacuum up the river bottom searching for gold, muddying water and disrupting clean gravel that salmon need to spawn. Despite the Chetco’s rich fishery and status as a wild and scenic river, the United States Forest Service is virtually powerless to stop the mining because of the 1872 law.

Mikey Weir fishing for winter steelhead on Wild & Scenic Chetco River.

Hughes and Woody say the need for a comprehensive overhaul of the 1872 mining law is demonstrated by stopgap measures like those of members of the Oregon Congressional delegation to provide additional protection for the Chetco River, despite it's status as a National Wild and Scenic River.

They cite former Chief of the Forest Service Mike Dombeck, who testified to Congress in 2008 that:

... it is nearly impossible to prohibit mining under the current framework of the 1872 mining law, no matter how serious the impacts might be.

A former fishing guide, still avid hunter and fisherman and professor at the University of Wisconsin, Dombeck in his testimony, write:

Professional land managers that work for the Forest Service and BLM believe the 1872 Mining Law makes hard rock mining a dominant use of public lands. Mining reform legislation needs to reaffirm the doctrine of multiple-use and recognize the inherent value of public lands for other important uses and values, including hunting and fishing opportunities and fish and wildlife habitat. This is a major priority for sportsmen, land management agencies, and other users of public lands.

He urges Congress to:

Affirm the values of fish and wildlife habitat, water resources, and hunting and fishing, on public lands and make it clear that mining should not be the dominant use of our federal lands.

And recommends that:

Agency managers should be given the discretion to make logical decisions based on land health about where to mine and where not to mine. Special places with important fish and wildlife and water values such as wilderness areas, National Parks, Fish and Wildlife Refuges, and inventoried roadless areas ought to be placed off-limits to mining entirely. Discretion ought to be afforded to managers on other lands to allow for balanced and reasoned decisions about ecological, social, and economic values.

Robert Hughes is based in Corvallis, Oregon and Carol Ann Woody in Anchorage, Alaska.

Volunteers gather fish data on the Chetco River

2011-12-17T21:32:00.000-08:00

According to an article in the Curry Coastal Pilot, the Oregon Department of Fish and Wildlife, with the aid of volunteers are doing salmon carcass county on the Chetco River to help determine future management.

ODFW officials and volunteers cruise the Chetco River on Thursday morning. The Pilot/Steve Kadel.

The Pilot describes the trip:

Thursday, though, the crystal-clear river put on its best show as the boats floated down amid hills shining emerald green in the morning sun. At one spot, two bald eagles ate a salmon carcass on the shore, then took flight as a boat approached.

Sometimes the carcass hunters find more than 100 fish to catalogue in a single day...

Information gleaned from the work helps ODFW forecast the run size for the following year and, based on that, set the dates for fishing season. Also, the count of hatchery vs. wild salmon is weighed in making long-term decisions on the number of hatchery fish to be released. Read the whole article at the Pilot.

Protecting the Chetco gains support at Wild Rivers Night

2011-12-02T18:54:00.001-08:00

A short presentation in Portland at Wild Rivers Night resulted in almost a hundred river lovers expressing their support for protecting the Chetco River from gold mining.

An added bonus was this short preview of film Andy Maser took while kayaking the Chetco this June with friends Zach Collier, Billy Miller and J. R. Weir. Read more about their trip.

For the beautiful Chetco River - Thank You

2011-12-02T13:27:00.001-08:00

Thanks to all who took the time to submit comments in support of the Bureau of Land Management and Forest Service's proposed "withdrawal in aid of legislation" for the Wild and Scenic Chetco River. It's estimated BLM received 9,000 or more comments in support of greater protection for this beautiful world class salmon and steelhead river.

Drift boats on recreational section of the Chetco River from Floating the Chetco.

Next steps - The public notice and comment period was the first step in BLM's process proceeding a decision on the proposed mineral withdrawal. Next the Forest Service will prepare environmental documents. We'll keep you updated.

Correcting misinformation about the effects of the withdrawal - Several individuals have put out misinformation about the extent of the withdrawal proposal so it's important to keep these facts in mind:

All valid existing rights are protected under the withdrawal;

The Withdrawal applies only to national forest land within 1/4 of a mile on either side of the river (5,610 acres). This land was was congressionally protected in 1988 through its addition to the National Wild and Scenic River System;

The proposed withdrawal is consistent with direction in the Chetco River's Wild and Scenic River Management Plan. However, the plan anticipated that the level of mining would be minimal. All that changed beginning in 2008 when proposals to mine almost half the length of the river for gold. Read about the mining plans submitted by Chetco River Mining and Exploration.

Motorized boat use was prohibited on this part of the river in the Chetco's Wild and Scenic River Management Plan (1994). The plan underwent a full public notice and comment period. Prohibiting the use of motorized boats protects the Chetco's outstanding values that make it so important to the local economy.

Help save the Chetco River from gold mining.

2011-11-29T16:30:00.001-08:00

If he could speak from the grave, Ed Abbey would explain it this way:

The love of [wild rivers] is more than a hunger for what is always beyond reach; it is also an expression of loyalty to the earth … the only home we shall ever know, the only paradise we ever need — if only we had the eyes to see.

Billy Miller in Conehead on the Scenic Chetco River - Northwest Rafting Company photo.

So if producing 40 to 65 pound chinook salmon is not enough, here's one more reason to protect the priceless Chetco River from proposals to mine almost half its length for gold. It's the epitome of America's Great Outdoors.

See the Chetco through others eyes. Read about three amazing journeys where the participants brought back words and photographs to help the rest of us "see" this wild river as never before:

One man - Chetco's headwaters to the sea;

Four river runners - packing boats and supplies across the rugged Kalmiopsis Wilderness to run the Chetco from Slide Creek to the Steel Bridge. It took almost as long to get to the put-in as it did to run the river. If this was not hard enough they brought back photos and video to share; and

Two authors and a former Grand Canyon guide - who drug their boats upstream for two miles to bring back photographs and glowing descriptions of the river between Boulder and Mislatnah Creek. This little known Scenic section will be re-classified as a Wild River Area in the Chetco River Protection Act.

A 65-pound reason to protect the Chetco River from gold mining

2011-11-29T15:30:00.000-08:00

There's few rivers like it on the West Coast. Extra large chinook salmon are not anomalies for this beautiful relatively small river. Last week saw a 65-pound record king salmon and three 45 to 50 pounders caught in a single day. Earlier this season over a dozen 45 to 50 pounders were reportedly caught. See also "Chetco living up to it reputation as world-class."

Wayne Davis and guide Andy Martin with catch.

http://www.wonews.com/t-NorthernCaFreshwater_Brookings_112211.aspx

Please help us protect the Wild and Scenic Chetco River from proposals to mine nearly half its length for gold.

Chetco living up to its reputation as world-class

2011-10-28T23:15:00.000-07:00

CHETCO RIVER, Ore.—The first 50-pound king of the season was caught trolling the estuary, along with a 47 pounder and a number of 40 pounders, according to guide Andy Martin of Wild Rivers Fishing. The main river doesn't open until Nov. 5. Expect the kings to pour into the main river regardless of the date, you just can't fish for them in the main river until Nov. 5. Fishing Report Redding.com October 28, 2010.

Chetco River 47-pound chinook salmon.

Chetco producing big kings

By Steven Theel
10/21/11 -- The Chetco River in southern Oregon is known for its large fall salmon. It seems that almost every year it produces at least one king over 50lbs, and several others that are just shy. This year it’s already living up to its reputation, and the season is just beginning.

Guide Andy Martin of Wild Rivers Fishing caught one of those big fall salmon this past Tuesday. His clients fish weighed in at 47 lbs, and took 45 minutes to land. “We had to follow it from the Coast Guard Station to almost the Highway 101 bridge. He grabbed a whole green-label herring, and took 110 feet of line (according to the reel counter) on its first run!” MyOutdoorBuddy.com.

Chetco hearing shows strong local support for withdrawal

2011-10-27T20:17:00.000-07:00

Supporters of stronger protection for the National Wild and Scenic Chetco were significantly in the majority at the October 26 Forest Service/BLM hearing in Brookings, Oregon. Of the 40 speakers, 35 testified in favor of the Forest Service's proposal to withdraw ~ 17 miles of the Wild and Scenic River from mineral entry and location under the 1872 Mining Law for five years.

Forest Service and BLM officials hold a public meeting in Brookings, Oregon on the proposed temporary mineral withdrawal for the National Wild and Scenic Chetco River.

The Curry Coastal Pilot reported that:

Local residents strongly supported banning future mining along the Chetco River during a forum Wednesday afternoon at the Best Western Inn.

Three miners opposed the measure. One person who spoke was concerned about airplane contrails and another about job killing government regulations. However, since freshwater fishing contributes at least $4.5 million annually to the economy of Curry County and mining essentially nothing, the proposed withdrawal would have little or no adverse effect on local jobs. It would instead help protect one of the main economic engines of the Wild Rivers Coast, the Chetco River's salmon and steelhead runs.

Those who spoke on behalf of the river were articulate and made a wide variety of good points—about personal connections to the river, about the unique qualities of the national wild and scenic Chetco, about how mining would degrade the values for which the river was designated, about the importance of the remaining salmon runs, about the economic importance of fish and fishing to the local communities, that the river was, in fact, the source of many jobs for local entrepreneurs and small businesses, and about wanting to pass along opportunities to the next generation to experience such an extraordinary river.

Written comments must be received by November 30, 2011. The address where comments should be sent and a sample letter is on the "How to Help" page or at Kalmiopsis Audubon-news. However, people's own testimony is the most powerful form of public comment, so we urge those attending the hearing to write out what they said at the hearing.

The purpose of the proposed mineral withdrawal is to give Congress time to consider the legislation introduced by Senators Ron Wyden and Jeff Merkley and Representatives Peter DeFazio and Earl Blumenauer to provide greater protection for the National Wild and Scenic Chetco River.

The economics of fishing and mining in Curry County

2011-10-24T14:13:00.000-07:00

There are may reasons why the Wild and Scenic Chetco River should be protected from gold mining and withdrawn from mineral entry and location under the 1872 Mining Law. One particularly relevant for small businesses in Curry County is that protecting the river also protects a major economic engine for the area.

Brookings/Harbor at the mouth of the Chetco River during the 2009 Salmon Derby (Barbara Ullian Photo).

The travel expenditures associated with freshwater fishing in the county were estimated at $4.5 million for the year 2008. Local recreation expenditures associated with freshwater fishing were an estimated $673,000. Saltwater fishing provides additional significant economic benefits in Curry County. Hardrock mining, on the other hand, contributes little or nothing to the local economy and is unlikely to ever do so.

Curry County is home to three National Wild and Scenic Rivers—the Chetco, Elk and the Oregon half of the North Fork Smith. These rivers were all added to the National Wild and Scenic River system in recognition of their world class salmon and steelhead fisheries and outstanding water quality. It's also in Curry County that the great National Wild and Scenic Rogue and Illinois Rivers meet and flow to the Pacific Ocean at Gold Beach. Both are world class fisheries too. The economic benefits the county's National Wild and Scenic River provide are significant. Kalmiopsis Audubon Society writes:

Salmon and steelhead fishing attract tens of thousands of tourists and provide an essential economic boost to our towns through the winter.Freshwater fishing accounted for over $4.5 million dollars of expenditures in Curry County in 2009 and over 400,000 fishing licenses are sold in Oregon each year.

Some of these are detailed in a 2009 report by the Oregon Department of Fish and Wildlife and Travel Oregon. For Curry County they include:

Travel generated expenditures for freshwater fishing - $4,452,000.
Local recreation expenditures for freshwater fishing - $673,000.
Travel generated expenditures for saltwater fishing - $4,921,000.
Local recreation expenditures for saltwater fishing - $262,000.

The full report is available here. The county specific analysis begins on page 17.

Other recreational pursuits, dependent on the quality of the rivers and the public lands they flow though, also contribute both directly to the economy of the area and to the quality of life that's drawn so many to the southwest Oregon coast and in recent years.

Another protected area important to the economy of Curry County is the spectacular Samuel Boardman State Park between Brookings and Gold Beach. The park preserves the public's access and enjoyment of a 12 mile stretch of the Wild Rivers Coast (Barbara Ullian).

Miners often claim vaste economic benefits from hardrock mining but in Oregon there's no evidence of that. The U.S. Geological Survey reports there's no measurable hardrock mineral production in the State of Oregon, including Curry County. Hardrock minerals include gold, silver, nickel, chromite, but not sand and gravel. There's a discussion about hardrock mineral production with references to government reports at Southwest Oregon Mining Facts.

Smelter waste ponds at Glenbrook Nickel (Riddle, Oregon) in 1997, the same year the smelter permanently closed. Glenbrook's operation provided the last measurable hardrock mineral production in Oregon. It was also the third largest producer of toxic waste in the State.

Federal mining claims are a unique type of property but in Oregon they're not taxable property. So even though claims owners often assert a right to the land over all other users, they pay no property taxes. Some even live on federal mining claims for free, paying only the $125.00 annual recording fee or claiming an exemption.

Under the 1872 Mining Law, the hardrock minerals found on public lands, including gold are simply given away. The federal government receives no royalties—nothing—and the public is often left holding the bag for remediation and clean-up. The largest toxic superfund sites in the nation are abandoned mines.

Miners camp along the 4 miles of the Wild and Scenic Illinois River that's open to the 1872 Mining Law (Rich Nawa Photo). Note—Miners have been exempted from prohibitions that other users of the Wild and Scenic Illinois River are asked to follow.

In the case of the Washington company's proposed mining on the Wild and Scenic Chetco River, taxpayers would actually be subsidizing it to the tune of at least $800,000.00 for the required environmental analysis. The mining plans submitted all include living on the mining claims during operations, so there's no revenue generated to motels or private campgrounds from the mining proposed for the Chetco River.

While county specific numbers are not available, the general importance of fishing to Oregonians can be seen in the number of licenses issued. For example in 2010 Oregon Department of Fish and Game issued over 500,000 fishing licenses. When added to Sportspac and combination licenses the number grows to ~ 626,000. Over 14,500 out of state licenses were issued in 2010, bringing in over $1,500,000 in license fees alone. See ODFW's annual report on license sales:

Withdrawing 17 miles of the National Wild and Scenic Chetco River from operation of the 1872 Mining Law to provide greater protection for its outstanding water quality, world class salmon and steelhead populations and recreational opportunity is good for business and good for Curry County.

17 miles of Wild and Scenic Chetco River temporarily withdrawn from the Mining Law in aid of legislation

2011-10-20T16:50:00.000-07:00

Small dredge mining upper Scenic Illinois River. Photo KS Wild

Updated on October 20, 2011 — On August 1, 2011, the Bureau of Land Management published a notice in the Federal Register that segregates (a temporary withdrawal) approximately 17 miles of the National Wild and Scenic Chetco River from location and entry under the Mining Laws of the United States. See Forest Service map of proposed withdrawal area and the Forest Service's Press Release explaining the withdrawal and announcing the time and place of the Wednesday, October 26th public meeting in Brookings. Learn what you can do to help before November 15th.

The two year segregation period provides opportunity for the public to comment on the Forest Service's proposal to withdraw the 5,610 acres—the Wild and Scenic corridor of the river from Boulder Creek downstream to the Forest Boundary—for a period of five years. The purpose of the withdrawal is to provide congress with time to consider legislation to provide greater protection for this world-class salmon and steelhead river. The withdrawal applies only to National Forest lands and does not affect private land in the corridor.
The August 1, 2011 Federal Register notice segregating the approximately 17 miles of the Wild and Scenic River area had some incorrect information about the public meeting place. A correction was published in the Federal Register with a new meeting date and place and also extending the period for written comments to November 30, 2011. Note that comments must be received by BLM by November 30th.

The effects of a mineral withdrawal are often misunderstood or misrepresented. Withdrawals from the Mining Law prevent the location of new mining claims and requires the holders of existing claims to demonstrate they have a right to mine under the Mining Laws. If they have a prior existing right, the withdrawal will not prevent mining. In other words, withdrawals will not affect a mining claim that is valid and complies with the laws of the United States.

The terms mineral "location" and "entry" and withdrawal "in aid of legislation" are defined in Mount Royal v. Kempthorne:

Mineral "location" is "the act or series of acts whereby the boundaries of [a] claim are marked."Cole v. Ralph, 252 U.S. 286, 296, 40 S.Ct. 321, 64 L.Ed. 567 (1920). "Mineral entry" refers to "[t]he right of entry on public land to mine valuable mineral deposits." Black's Law Dictionary (8th ed.2004).

A withdrawal "in aid of legislation" is one "for a specific use then under consideration by the Congress." 43 U.S.C. § 1714(d)(3).

Read about the Chetco River Protection Act.

Until there is meaningful reform of the 1872 Mining Law, mineral withdrawals provide the best avenue to provide greater protection for lands that are valuable for purposes other than mining. Without mineral withdrawal, it's Forest Service policy to "assume" there's a right to mine under the archaic Mining Law—even on a National Wild and Scenic River like the Chetco.

The August 1, 2011 Federal Register notice segregating the approximately 17 miles of the Wild and Scenic River area had some incorrect information about the public meeting place. A correction was published in the Federal Register with a new meeting date and place and also extending the period for written comments to November 30, 2011. Note that comments must be received by BLM by November 30th.

Authority for the proposed withdrawal of the Chetco is found in the 1976 Federal Land Policy and Management Act.

Read the Bureau of Land Management's explanation of the "valid existing rights determination." Scroll down to the bottom of the page.

To read more about the 1872 Mining Law go to Southwest Oregon Mining Facts and Understanding the 1872 Mining Law and The 1872 Mining Law: The real land grab.

Chetco River clean-up October 22nd—Volunteers Needed

2011-10-13T12:14:00.000-07:00

Brookings, Oregon – Community members are invited to join the Chetco River Watershed Council on October 22, 2011 for a Chetco River fall clean-up. Cleanup will start at Loeb State Park at 9 A.M. Lots of help is needed to make the cleanup a success. For more information contact: Stan Easley 541 661-1820 or Karen Munson 541 469-1043.

The Chetco River Watershed Council is working to preserve and enhance the Chetco River's watershed.

Chetco River Watershed Council cleaning up one of the river's beaches.

The Chetco River Watershed Council is dedicated to protecting the Chetco River because a healthy community starts with a healthy river. Clean and healthy rivers have the potential to provide everything from clean drinking water to recreation opportunities to fish and wildlife habitat,” said Karen Munson, CRWC member.

“The CRWC is committed to keeping the Chetco River clean so we can protect it for us – and future generations. Participating in a river clean-up is one way that citizens can do their part for the river we all love,” said Munson. “Healthy communities need healthy rivers and it’s thrilling to see so many people across the nation pitching in to protect their streams,” said Rebecca Wodder, President of American Rivers. “We applaud the work of CRWC not just for speaking out for the Chetco River, but for taking action to keep it healthy.”

The mission of the Chetco River Watershed Council is to preserve and enhance the Chetco River watershed through organization to coordinate projects improving the overall health of the Chetco watershed. The council meets the first Wednesday of each month at 6 PM at the Chetco Community Public Library small conference room.

Trans Kalmiopsis Wilderness Trail maintenance update

2011-10-07T15:39:00.000-07:00

Kalmiopsis leachiana was in bloom.

This June 15th, volunteers maintained 7 more miles of the Trans Kalmiopsis Wilderness Trail between the Vulcan Lake Trailhead and Box Canyon Camp. The Siskiyou Mountain Club crew put in 790 grueling hours of work to make the trail passable. Read about their amazing work and their update of the Trans Kalmiopsis Trail project at the Club's website.

Photo of the rare endemic shrub that the Kalmiopsis Wilderness was named for by Siskiyou Mountain Club,

Chetco River Journey: From headwaters to the sea

2011-10-07T14:03:00.000-07:00

Rafting the Chetco River. Slade Sapora

Slade Sapora grew up exploring the tide pools of southwest Oregon's Wild Rivers Coast and swimming in the Chetco River. He says his first love is the outdoors and nature.

At 36 Sapora may be the first person to have charted the entire length of the Wild and Scenic River—from the Chetco's headwaters in the Kalmiopsis Wilderness to the Pacific Ocean at Brookings/Harbor.

We love his quote from the Curry Coastal Pilot's account of his journey down one of the wildest rivers in the West:

"The Kalmiopsis Wilderness, which the Chetco passes through, is a vast and rich natural area that belongs to all of us—the source of the river that gives life to the area we call home."

Read the full article on the Pilot's website or excerpts on this site. Visit his blog and encourage him to share the full account of his journey.

Kayaking for conservation—A Wilderness Journey

2011-10-05T16:08:00.000-07:00

On June 15, 2011, four intrepid river runners went looking for a wild river in the heart of one of the wildest wilderness areas in the West. They went knowing a Forest Service gate would add five miles (all up hill) to what was going to be an arduous trek anyway.

It's all uphill from the Wild and Scenic Illinois River to Chetco Pass the watershed divide of the two wild rivers. Google Earth Image.

On the banks of the National Wild and Scenic Illinois River, they strapped their supplies, camera gear and boats on their backs and went looking for the Chetco, a little known, seldom run river.

Honoring the Forest Service gate designed to protect Port Orford cedar—a keystone riparian conifer—Zach Collier, Billy Miller, J.R. Weir and Andy Maser strapped their boats and gear on their backs for what in the best of times is a grueling 9 miles. Zach Collier photo.

It essentially took them two days to reach their put-in at the confluence of Slide Creek and the Chetco.With no maintenance the Wilderness trails are disappearing and it was easy to make a wrong turn.

From Chetco Pass it's all down hill to the put-in. However, taking a wrong turn in the maze of old mineral exploration tracks, the four had to rope their boats down a steep slope to Slide Creek. They made camp and after 8 hours of dragging and shoving their boats down the steep Slide Creek the next day they reached the Wild Chetco in time to hit the river and make some time before dark. The darker red is the "wrong turn/Slide Creek route. The lighter red is the old mining track that serves as a wilderness trail when its not overgrown with brush and covered with deadfall.

Learning of their proposed Chetco River trip we made a request for photographs and video that we could share with the public, documenting the beauty and wild values of this little known American Treasure. We're working on a video slide show of the images Zach Collier brought back and generously shared. Look for it soon. Until then you can read his trip report on the Northwest Rafting Company's website and see a sample of Zach's photographs.

Photos like this are not only beautiful, they document the exceptional clarity and quality of the waters of the Chetco as it flows through the Kalmiopsis Wilderness. Zach Collier Photo.

The importance of the images lies not only in their beauty but also that strictly under their own muscle power they intimately documented the Chetco as it flows through a deep, steep boulder strewn canyon with no maintained trails, in a Wilderness tough to travel at the best of times but tougher yet in its recovery from the 2002 Biscuit Fire.

The photos also document the Chetco's legendary water quality and great beauty. The Wild and Scenic Rivers Act mandates that the outstandingly remarkable values of a designated river be protected and enhanced. Along with Oregon's Clean Water Act rule, which prohibits activities that increase turbidity in the waters of the Kalmiopsis Wilderness, compliance with these laws could make the mining proposed for the Chetco in the Wilderness uneconomical. If the mining is not economical, the three existing claims in the Wilderness are not valid and therefore no prior Mining Law rights exist.

Read more about Oregon's Clean Water Act rule here and as it applies to the proposed mining in the Kalmiopsis Wilderness here.

Andy Maser, is a filmmaker as well as a kayaker and took video footage of the Chetco adventure. J. R. Weir is lead kayak instructor at the Sundance Kayak School. Billy Miller is a guide for Echo River Trips. Zach Collier is a partner in the Northwest Rafting Company.

A Wild Chetco Adventure

2011-10-05T11:53:00.000-07:00

Three local long-time wild river runners made a unique journey on the Chetco this July. Tim Palmer, Ann Vileisis and Alan Wilson spent two days going upstream from the Tolman Ranch put-in. Their goal? To see for themselves the two mile segment of the Wild and Scenic River that would be reclassified—from Scenic to Wild—under the Chetco River Protect Act. The upgrade in river classification of the reach between Boulder and Mislatnah Creek was recommended by the Siskiyou National Forest in the 1993 Chetco Wild and Scenic River Management Plan.

The Scenic River Area of the Chetco downstream from the Tolman Ranch put-in. This is in the area of the Gold #7 mining claim. Ann Vileisis Photo

Their downstream float continued past their put-in to what's known as the Steel Bridge. While designated as Scenic, and not recommended by the agency to be re-classified, it also meets the criteria of a Wild River Area.

The three brought back photos and video clips of both these beautiful river reaches to share with the rest of us.

The Scenic River Area of the Chetco Between Boulder and Mislatnah Creek that would be designated a Wild River Area under the Chetco River Protection Act. This is the reach where the Gold #8 mining claim is located. Ann Vileisis photo.

Here's excerpts from a post about their wild river adventure:

“Our low-water, mini expedition began with a couple of days heading upstream. We paddled through brilliant clear pools and dragged our inflatable kayaks up bony rapids to check out a wild reach at the wilderness edge. Then we floated back downstream through a forest-clad canyon, following the small river through a relentless series of maze-like drops with massive boulders. The low water and inflatable kayaks made the usually challenging whitewater fun and not-too-hard.

“As a river lover, I’ve paddled my fair share of Wild and Scenic Rivers, but the Chetco is unique. It has a small canyon and gin-clear water— some of the clearest that I’ve ever seen. In deep pools, we could see down 40 feet to cobbles at the bottom, and in some places it looked like our boats were floating on sky. The water was alive as it should be— filled with newts, crayfish, caddisflies, and thousands of little fishes.

“Next winter when the hard rains come and the waters rise, I’ll know where the salmon and steelhead are heading. I’ll remember the river magic and know deeply— in every water molecule of my body— that the Wild and Scenic Chetco deserves defending.

Read the full post at the American Rivers blog. We'll post more photos and video soon.

Suction Dredge Mining on California's Salmon River

2011-07-16T18:33:00.000-07:00

This Karuk Tribe video has good underwater fish and spawning footage and shows some of the impacts of suction dredge mining on the National Wild and Scenic Salmon River in Northern California.

Floating the Chetco—Watch on Vimeo and KBSC

2011-06-27T15:42:00.000-07:00

Join guide Harvey Young of Fish Hawk River Company, local sponsors and the Chetco Watershed Council on a float of the beautiful lower Chetco River. Watch Floating the Chetco on Vimeo and then join the efforts of local groups to protect and preserve this iconic world class salmon and steelhead river.

You can also watch the program on KBSC TV's Facebook Page.

Harvey Young and KBSC TV float the lower Chetco River in a locally sponsored program. Watch on the provided links. Photo from the video.

The lower Chetco River float begins at the Little Redwoods Campground on National Wild and Scenic segment of the river on the Rogue River-Siskiyou National Forest. Harvey fills us in on the flora and fauna, recreational uses and history of the river.

Economics—Angling v Mining

2011-06-16T03:10:00.000-07:00

A February 7, 2011 Wall Street Journal Article entitled "Big Salmon Runs Spawns Big Profits" states:

The U.S. Fish and Wildlife Service estimated anglers in California made $2.7 billion in fishing-related expenditures in 2006, the most recent year for which data are available.

So how much money does suction dredging—the mining of stream bottoms for gold—contribute to the economy?

We know in California that the State estimates it costs around $2 million to administer instream mining operations.

We know miners pay nothing to the federal government for the gold they extract from the public's National Forest and BLM lands and rivers. They pay no royalties. Nothing. Nada.

Most don't even pay the annual claim fee that goes to keep up the paper work on mining claims. In Oregon, mining claims are not taxable property. Yes, miners like the rest of us do buy gas and groceries.

While we don't have the figures for how much it costs to administer suction dredge mining in Oregon, we do know the Forest Service estimated the cost to the taxpayer of the environmental impact statement for Chetco River Mining and Exploration's multiple mining plans at over $800,000.

Our rivers—the fresh water habitat that spawns about $2.7 billion in fishing-related expenditures in California—reward us with life itself (pure water) and an amazing natural resource like wild salmon and steelhead. Stream bottoms are not inert gravel. They're a complex part of the stream ecosystem—the nursery for the wild salmon and steelhead we cherish and a vital part of the river's food web and structure.

Our rivers deserve the highest level of protection from impacts like suction dredge mining, which as far as we can see costs the rest of us money and contributes little to the economy.

Protecting the Chetco River—Where are we now?

2011-06-07T17:31:00.000-07:00

In 2008, a Washington based mining company submitted plans to mine almost half the length of the National Wild and Scenic Chetco River, including about 6 miles in the Kalmiopsis Wilderness. The threat of mining on this beautiful world class salmon and steelhead stream remains strong—especially with the escalating price of gold (from ~ $800 to ~ $1,500/ounce).

In 2010, American Rivers named the Chetco one of America's Most Endangered Rivers. In 2011, the Pew Environment Group released the report "Ten Treasures at Stake." One of the ten incomparable areas at risk from mining in the report includes the National Wild and Scenic Chetco River and nearby Rough and Ready Creek.

However, there are efforts underway to protect the Chetco and its nationally outstanding waters:

The Chetco River Protection Act — The Chetco River Protection Act (CRPA) is based on recommendations the Siskiyou National Forest made in the 1994 Chetco Wild and Scenic River Management Plan, after public comment under the National Environmental Policy Act. It includes the correction of Wild and Scenic River classifications on about 3.5 miles and the withdrawal of about 17 miles from the 1872 Mining Law. With the withdrawal of the 17 miles, the full length length of the Chetco (on National Forest lands) would be formally withdrawn from the Mining Law. Withdrawal, prevents new mining claims from being located and requires owners of existing claims demonstrate that they have a valid right to mine under the 1872 Mining Law.

Until Congress significantly reforms the 1872 Mining Law, "withdrawal" is the best available way to protect nationally outstanding rivers and landscapes like the Grand Canyon and the National Wild and Scenic Chetco River. The CRPA was first introduced in the House of Representatives by Congressman Peter DeFazio in 2008. It was reintroduced in the House and introduced in the Senate (Senator Ron Wyden and Senator Jeff Merkley) in 2010 and re-introduced in the House and Senate this year.

The USDA Forest Service's proposed mineral withdrawal — In July 2010, the USDA Forest Service announced that it would submit an application to the Bureau of Land Management to withdraw the 17 miles of the Chetco River subject to the CRPA from the 1872 Mining Law. The purpose of the interim administrative mineral withdrawal is to preserve the status quo on the river while congress considers the legislation. When announced, it was estimated that the interim withdrawal would take two to three months. Expectations now (almost 10 months later) are that the Federal Register Notice announcing the interim withdrawal will be published relatively soon (June or July 2011). The notice trigger an opportunity for the public to comment on the proposed withdrawal in aid of legislation and a public meeting. Please continue to check Save Our Chetco for updates and comment opportunities.

The right to mine on existing claims is preserved under withdrawals - Miner's will howl that their rights are being taken when the proposed Chetco River mineral withdrawal is announced. However, under the law, existing claim holders' right to mine will be fully preserved. Since most of the Chetco River outside the Kalmiopsis Wilderness is covered with existing claims, the effect of the proposed withdrawal will be simply that existing claimants will now have to demonstrate they actually have 1872 Mining Law rights.

Under antiquate law, all "valuable" mineral deposits" on public lands open to the Mining Law are given away for free. This is bad enough, but what is ignored (unless an area is withdrawn) is the law's use of "valuable" to describe mineral deposits. It is the discovery of a "valuable" mineral deposit that triggers a mining claimant's right to initiate mining operations on public land.

Unfortunately, Forest Service policy "assumes" Mining Law rights exist, unless an area is withdrawn. In 1994, the Siskiyou National Forest, despite recommendations, chose not to withdraw the Chetco River outside the Wilderness because they believed there was little mineral value and little chance the area would be mined. They were incorrect on the latter. Let's hope they're correct on the former.

See Understanding the 1872 Mining Law and the Bureau of Land Management on Land Withdrawals. See also BLM's explanation of "valid existing rights" in areas withdrawn from the 1872 Mining Law (scroll to bottom).

The proposals to Mine the Chetco River in the Kalmiopsis Wilderness - In addition to the mining claims on the middle section of the Chetco River—from Boulder Creek downstream to the Forest Boundary (area subject to the CRPA)—the mining company holds three mining claims on the Wild segment of the Chetco River in the Kalmiopsis Wilderness. This part of the river was withdrawn from the 1872 Mining Law in 1984 under the 1964 Wilderness Act and technically again in 1988, under the Oregon Omnibus Wild and Scenic Rivers Act.

The three claims were established in 1983. In withdrawn areas, where there are existing claims, mining can occur only after it's been determined that there's been a discovery of a valuable mineral deposit on or before the date of withdrawal—in other words, it has to be determined that the holder of an existing claim has a "valid right" to mine under the 1872 Mining Law.

Two of the claims (Gold 9 and 10) have no "valid existing rights determination" (VER). Until there is such a determination, NO mining activities can occur on these two claims. The mining company claims they are valid. This declaration is premature and empty. The reality is—in light of the State of Oregon's implementation of a provision established for waters in Wilderness Areas in 1972 (under the State's authority under the Clean Water Act)—Gold 9 and 10 are highly unlikely to be valid for the following reasons:

The claims have to have been valid in 1984 (when gold was around $360/ounce not $1,500/ounce).
The claims are very remote. There's not even trail access, and the use of motorized methods of travel to them was never previously allowed and is therefore inconsistent with the Wilderness Act.
The limitations placed on mining methods by the State of Oregon's Clean Water Act rule, which doesn't allow activities that increase turbidity of the waters in the Wilderness. Since the clarity of the Chetco's waters are legendary (approaching that of distilled water), it's unlikely that motorized suction dredge mining can comply with the rule (see links to information on the rule below).

One of the three remaining mining claims in the Kalmiopsis Wilderness (Gold 11) was found to have valid existing rights in 1986. However, the VER that established the right to mine failed to take into consideration the limitations placed on mining methods in the Wilderness by the State of Oregon's 1972 Clean Water Act rule for Wilderness Areas.

The 1986 VER was also flawed because it did not establish that the claim beyond the discovery point was "mineral in character." If not mineral in character, the size of Gold 11 could be significantly reduced, making it even less likely to be able to be mined economically—using the value of gold at $360/ounce, a mining method that doesn't increase turbidity and non-motorized access across miles of rugged wilderness.

Mining activities in the Kalmiopsis Wilderness also requires an approved mining plan of operations. The Rogue River-Siskiyou National Forest has suspended the National Environmental Policy Act process for the Gold 11 Plan of Operations, until the mining claimant can demonstrate the proposal complies with the Clean Water Act and the State of Oregon's rule.

See "Oregon Rule and Clean Water Act put Kalmiopsis Wilderness mining plans on hold"

The mining company makes lots of blustery claims about mining in the Chetco in the Wilderness—flying helicopters low over the wild river canyon and talking about mining mining benches or gravel bar—but for the current moment at least, they have no right to mine on any of the three Chetco Rivers claims in the Kalmiopsis, but stay tuned as the situation evolves.

If Wilderness users notice any mining activity on the mainstem Chetco in the Wilderness, including the landing of helicopters or sling dropping equipment with helicopters, they should report this to the District Ranger at the Gold Beach Forest Service Office - 541-247-3600 - and if possible document it with photos or video.

See the following Forest Service and State of Oregon documents for more information about the proposed mining in the Kalmiopsis Wilderness, the Clean Water Act and the State of Oregon's Administrative Rule for Wilderness Areas:

California—public loses with suction dredge mining

2011-05-17T18:40:00.000-07:00

In California, lawmakers have moved to block funding for suction dredge mining permits. As Catherine Freeman, consultant for the legislative panel, put it:

If you suction dredge and you take out a fish breeding ground, well, you've probably gained some money, but the public has lost and the public trust has lost.

According to this Oregon Public Broadcasting article, Freeman says,

[I]t's expensive for the state to ensure that mining is in compliance with environmental standards ... issuing and enforcing permits would cost the state $2 million.

The same article quotes Lesley Adams of Rogue Riverkeeper, a group that has sued the Oregon Department of Environmental Quality over its lack of oversight:

DEQ has no requirement that miners report on their mining activities. So we have no idea when and where and how often these miners are mining in our creeks that have salmon in them.

Ironically, the USDA Forest Service has no idea either. So in Oregon it's almost a free-for-all for miners who extract gold from the public's lands and waters for free. [1]

Under a 2005 Bush Administration rule change, miners are no longer required to submit even a notice to the Forest Service when and where they plan to mine—unless the miners think their activity might cause harm. What seems like a minor amendment to the Forest Service's surface mining regulations has big implications for protecting the fresh water habitat of the native, naturally reproducing salmon, steelhead, and cutthroat trout of our Wild Rivers Coast.

It's now up to the agency to go out looking for mining operations, which are often not in compliance with regulations. With usually just one full time staff person to cover over a million acres, this is like looking for a needle in a haystack.

Almost immediately after President Bush took office, the Forest Service also gutted a Northwest Forest Plan provision that required an approved plan-of-operation before mining in the habitat of sensitive, threatened, or endangered fish populations could occur. The effort was lead by miners from Oregon.

The management of mining in streams and rivers flowing through our National Forests is now less stringent than it has been for decades—not a good thing when ocean conditions are increasingly stressful for salmonids. And the Obama Administration has done nothing to restore—let alone strengthen—the nominal regulation of mining that was in place before his predecessor took the reins from President Clinton.

It's time for Oregon to follow California's lead—and save money by protecting our best salmon habitat from the degradation of instream mining. It's time for President Obama to begin the process of strengthening regulations that govern mining on our National Forest and BLM lands. It's time for citizens to say "enough" --no more giveaways of the public's lands and minerals to a few individuals or multi-national corporations. And it's way past time for Congress to reform the 1872 Mining Law.

Read the full Oregon Public Broadcasting article here.

[1] Author's note: Under the 1872 Mining Law, the federal government (public) gets no royalties or proceeds from the valuable minerals miners extract from lands and rivers that belong to all Americans. In Oregon, instream miners pay a nominal fee for a general state permit. If they own a mining claim or claims, they pay fees to cover the cost of recording and paper work. However, if they own 10 claims or less, they can file for a "small miner exemption" to be excused from the fee. In Oregon mining claims are not taxable property so they do not contribute to the property tax base of counties.

While the valuable minerals on publicly owned lands are free to the miners, the costs of environmental damage, disruptions to spawning and rearing habitat, administration, and clean-up are borne by the public.

See also the cost estimate to the taxpayer of $800,000 for Chetco River Mining and Exploration's mining plans for the Chetco River here.

Managing whole watersheds for big fish

2011-04-27T12:55:00.000-07:00

The Wild Rivers Coast has the opportunity to become one of the West Coast's most important salmon reserves, a concept that could help sustain human communities and salmon and steelhead populations alike. Anglers, guides and organizations like Trout Unlimited have provided a model with a new conservation initiative—the Elk River Watershed Salmon Emphasis Area. They articulate a bold vision for the future.

"Managing a whole watershed for big fish is also unique. But our point is that it will help Oregon's economy whether it involves sports fishing or commercial fishing."

Mike Beagle of Trout Unlimited as quoted in the Medford Mail Tribune describing the Elk River proposal. Read more at Sportsmen for the Elk, or the Medford Mail Tribune.

The two other big fish rivers on the Wild Rivers Coast, the Chetco and the Smith Rivers, have larger watersheds but offer similar opportunities to take a whole watershed approach. Like the Elk they have a high percentage of National Forest lands within their watersheds, they're free flowing from their headwaters to the Pacific and some of the work has already been done.
About 78% of the 224,700 acre Chetco watershed is National Forest land with about 44% of this within the Kalmiopsis Wilderness, with some additional protective land allocations outside the Wilderness. But there's still a lot that could be done to manage the publicly owned part of the watershed as a whole, including the passage of legislation to provide greater protection for the mainstem National Wild and Scenic Chetco that's threatened by instream mining.

Baldface Creek, a tributary of the National Wild and Scenic North Fork Smith River in Oregon is threatened by nickel mining despite USDA Forest Service recommendations for its protection as Wilderness and as a Wild and Scenic River. USDA Forest Service photo.

The total area of the Smith River Watershed is 460,000 acres. In California 313,600 acres of National Forest land is within the Smith River National Recreation Area. While it might seem that the work has been done for the Smith, about 11% of its basin—the north half of the North Fork Smith watershed—lies in Oregon, outside the umbrella of the Smith River National Recreation Area. While some of the watershed in Oregon is within the Kalmiopsis Wilderness, about 30,000 acres in Oregon remain unprotected.

Why is this 30,000 acres so important? It includes the most productive of the North Fork's tributaries, a priceless gem called Baldface Creek. The creek's 19,000 acre watershed is in reference condition. It's aquatic habitat is described as large and complex, with no barriers to migration. Salmonids are found as far as there's water in the tributaries.

Earlier this decade, large blocks of nickel-laterite mining claims were located in the Oregon North Fork Smith watershed, especially Baldface Creek. Several thousand acres of mining claims (Cal-Nickel claim group) in the Smith River NRA also remain active. The development of nickel strip mining in the Smith River watershed would be a serious blow to the integrity of the whole watershed. With the increasing price of nickel, driven by global demand, it could happen. The Smith River will remain vulnerable to industrial scale mining as long as the 30,000 acres of Oregon's North Fork Smith Watershed remains unprotected.

The legacy of Tom McCall

2011-04-20T04:00:00.000-07:00

The Oregon Administrative Rule that's put a hold on mining in the Kalmiopsis Wilderness was established under Governor Tom McCall. It was a time of bold environmental leadership and working across the isle that saw the public's access to Oregon's beaches preserved and the nation's first bottle recycling bill.

A priceless natural heritage—public beach along Southwest
Oregon's Wild Rivers Coast (Photograph - Barbara Ullian)

While we take these privileges for granted, all Oregonians now benefit from the foresight of the Governor and the many citizens of Oregon who worked tirelessly on these issues. Public access to Oregon's spectacular coast and its State Parks are a priceless heritage that contributes to the health and well being of its citizens and draws visitors from across the nation.

Almost a half century later it will be up to the administration of Governor John Kitzhaber to see that the McCall era Wilderness rule and the Clean Water Act are implemented and the legacy continued. Support and impetus will be up to the citizens of the State. Governor Ted Kulongoski's administration provided a strong foundation.

Excerpt from Oregon's Statement of Policy for Wilderness Areas, established before 1972:

"... Therefore, it is declared to be the policy and purpose of the Department of Environmental Quality to maintain the environment of wilderness areas essentially in a pristine state and as free from air, water, and noise pollution as is practically possible and to permit its alternation only in a manner compatible with recreational use and the enjoyment of scenic beauty and splendor of these lands by the citizens of Oregon and of the United States." Oregon Administrative Rule 340-013-0005.

The Chetco River in the Kalmiopsis Wilderness.
(Photograph - Barbara Ullian)

Clean Water Act puts Kalmiopsis mining plan on hold

2011-04-20T01:37:00.000-07:00

A little known Oregon Administrative Rule—established when Tom McCall (R) was Governor and recently brought to light when mining groups sued the State of Oregon—has cast a chill on a Washington company's plans to mine the Wild Chetco River in the Kalmiopsis Wilderness.

The exceptional clarity of the Chetco's water in the Kalmiopsis Wilderness may make it impossible to mine in the Wilderness and comply with the Clean Water Act. It has implications for the validity of the three remaining mining claims in the Kalmiopsis, possibly making them worthless. But its up to the State of Oregon and the Forest Service to comply with and defend the Clean Water Act Rule. Zach Collier, Northwest Rafting Company photo.

On April 19, 2011, the Associated Press and Oregonian reported:

The Forest Service has suspended an environmental review of Rutan's gold mining plan [in the Kalmiopsis Wilderness] until he resolves the issue with the state ...

In a January 7, 2011 letter to the director of the Oregon Departmental of Environmental Quality (ODEQ), the Rogue River-Siskiyou National Forest supervisor asked for clarification of the Clean Water Act (CWA) permits that Chetco River Mining and Exploration (CRME) needed for its planned mining of the Chetco River claim known as Gold #11. The letter notes that considerable funds and time will be required to prepare an environmental impact statement for the mining and that before approving any mining the Forest Service needs at the very least need a CWA 401 Certification.

The letter continues:

"Oregon Administrative Rules (OAR 3401-13) also prohibit any increase in turbidity from mining operations within the Kalmiopsis Wilderness. Considering the expected clear water throughout CRME's project area during the in-water work period for this river required by Oregon State regulations, it does not appear likely that CRME can comply with this non-turbidity requirement while operating any suction dredge within its mining claims."

"Based on past mineral examinations along the Chetco River in the vicinity of this CRME mining claim, it is probable that the entire mineral deposit is located between the ordinary high water marks of the river. In the experience of Forest Service mining administrators, the only viable means of exploiting this deposit is by use of suction dredges ... and it does not appear as if the State of Oregon will allow suction dredging in this location because of the increased turbidity ..."

The Forest Supervisor asked ODEQ for a preliminary analysis of the likelihood that CRME would be able to comply with the CWA. The stated purpose of the request was so the Forest Service didn't needlessly spend funds evaluating a mining operation that the State might not approve. A Freedom of Information Act request reveals that the estimated cost of the EIS for just the Gold #11 mining plan is $430,000.

On January 28, 2011 ODEQ replied to the Rogue River-Siskiyou National Forest's inquiry:

"... the federal CWA allows states to impose water quality requirements that go beyond the minimum requirements of EPA-approved water quality standards. The Environmental Quality Commission has adopted special administrative rules applicable to certain wilderness areas including the Kalmiopsis. OAR 340, Division 13... An individual permit would need to include conditions appropriate to implement the general policies established under OAR 340-013-0005 and, under OAR 340-013-0020, any discharge must not cause a measurable increase in turbidity.

"In summary, it is likely that an NPDES permit could not be issued that would authorize the discharges expected to result from the mining activities as described in [CREME's] proposed plan of operations [for Gold #11]. Similarly, it is likely that a Section 401 certificate could not be issued unless it included conditions that would be inconsistent with the current proposal."

The ball is now in CRME's court and because the Kalmiopsis Wilderness is withdrawn from the 1872 Mining Law, CRME cannot legally mine the Chetco River claims in the Kalmiopsis Wilderness until the Forest Service:

determines that the mining claims constitute a "valid existing right" under the law and
approves a mining plan of operations.

The Forest Service cannot do the latter until the State of Oregon issues the required permits and the former will likely be contingent on the mining methods the State approves, if any.

CRME's website recently announced they've developed a relationship with Team Dorsey and entered a contract for Gold #11. There's no telling what this means. The important thing for the public to understand is that neither CRME or anyone else can legally mine or land helicopters anywhere in the Kalmiopsis Wilderness outside of the 45 acre private inholding on the Little Chetco River. Nor can they commercially film on the mining claims or in the Wilderness without a permit from the Forest Service.

Wilderness users should report any helicopter landings or mining activities in the Wilderness to the Rogue River-Siskiyou National Forest (except those on the 45 acre Little Chetco inholding). See map for inholding location.

Thank federal legislators

2011-04-19T17:41:00.000-07:00

Last week, Senator Ron Wyden, Senator Jeff Merkley and Representative Peter DeFazio re-introduced legislation that will increase protection for the National Wild and Scenic Chetco River (outside the Kalmiopsis Wilderness) and for the Oregon Caves National Monument. Please send a quick "Thank You" email by going to KS Wild and click "Sign Petition."

You can also send your "Thank You" through the contact pages of Senator Wyden, Senator Merkley and Representative DeFazio. Go to this "Save Our Chetco River" post and scroll down to the bottom of the page for the direct links.

Chetco River Protection Act and Oregon Caves Revitalization Act of 2011 Introduced in Congress

2011-04-07T23:46:00.000-07:00

Wild and Scenic Chetco River that would be reclassified
as "Wild" under CRP Act. Photo USDA Forest Service.

Senator Ron Wyden, Senator Jeff Merkley and Representative Peter DeFazio re-introduced the Chetco River Protection Act (CRP Act) on April 7th. The Act is in good company—part of a package of three bills that includes the Devil's Staircase Wilderness Act and the Oregon Caves Revitalization Act. The latter would establish a 4,000 acre Natural Preserve in the Lake and Cave Creek watersheds on the Rogue River-Siskiyou National Forest east of Cave Junction, Oregon.

Lake Creek provides the drinking water for the National Park Service's facilities at the Oregon Caves National Monument. Cave Creek originates as the River Styx deep within the Oregon Caves. It exits at the main entrance of the caves and then flows under the historic Chateau to emerge below. The Preserve will be managed by the Park Service.
It includes a scenic and botanically rich gem known as the Bigelow Lakes Botanical Area. The lakes and a series of wet meadows form the headwaters of Lake Creek. The area includes excellent hiking trails and spectacular 360 degree views from Mt. Elijah.

A snow covered Bigelow Lake from Mt. Elijah

The Chetco River Protection Act of 2011 amends the Wild and Scenic Rivers Act that added 44.5 miles of the Chetco to the National Wild and Scenic River System in 1988. It reclassifies the 2 miles of the river between Boulder and Mislatnah Creek—from Scenic to Wild—and extends the Scenic segment 1.5 miles downstream to Eagle Creek. The Act is based on recommendations the Siskiyou National Forest made in 1994. In 2010, American Rivers named the Chetco one of America's Most Endangered Rivers.

The 2 mile Wild segment between Boulder and Mislatnah Creek will be withdrawn from the 1872 Mining Law under the Wild and Scenic Rivers Act. The 2011 Chetco River Protection Act will also withdraw the Scenic and Recreational segments of the river from the Mining Law. The withdrawals will prevent the filing of new mining claims and will require that existing mining claims be valid and meet all requirements of the law before they can be mined.

Requiring proof of Mining Law rights is only sensible given what's at risk—the Chetco River's nationally outstanding water quality, its world class salmon and steelhead populations and the priceless recreation opportunities it provides families.

The Chetco lived up to its reputation as a world class salmon and steelhead stream this fall and winter by providing some of the world's best salmon fishing and excellent steelhead fishing. In the first week of the season, one guide reported catching limits every day. The salmon averaged 30 pounds with three 40 pounders as a bonus.

While the salmon and steelhead of the Chetco and its sister river to the south, the Smith, are major contributors to the economy of the southwest Oregon coast (aka America's Wild Rivers Coast), the contribution of hardrock mining (the only mining that comes under the 1872 Mining Law) is not even measurable—this according the USGS Mineral Reports for Oregon.

If the Chetco is mined, the federal government would derive no income from any hardrock minerals that might be extracted from the river. The the public, however, would be forced to subsidize the proposed mining operations, initially to the tune of $800,000 or more and through the overall impacts of the mining on the river and those who use and enjoy it.

Claimants often wrongly insist mining claims are their private property and that they contribute to the tax base. However unless a mining claim is patented, title to the land remains with the United States and in Oregon mining claims are not taxable property.

Please send a thank you email to Senator Wyden, Senator Merkley and Representative DeFazio for re-introducing the Chetco River Protection Act. Write to Representative Greg Walden and urge him to become a co-sponor.

The headwaters of Lake Creek and the Bigelow Lake Botanical Area
within the Natural Preserve that would be established by the
Oregon Caves Revitalization Act of 2011- Photo Barbara Ullian

See also this press release from 2010 about the Chetco River Protection Act and this post about how the legislation will affect the proposed mining.

State Senator wants to ban suction dredges

2010-08-21T11:20:00.000-07:00

Suction dredge mining once occurred primarily on remote streams and rivers. Its proliferation on one of the most populous and visible stretches of the Rogue River could lead to the mining method being banned in Oregon.

State Senator Jason Atkinson (R-Central Point) standing on the banks of the Rogue watching about a dozen suction dredge mining operations:

“I’ve seen what they do to rivers in California and it’s not going to happen in Oregon.”

In an article in the August 20 Medford Mail Tribune entitled “Declaring war on dredging,” Senator Atkinson discussed his concerns about suction dredge mining. He’s vowing to introduce legislation banning the mining of river and streambeds with these floating gasoline powered machines—some of which can weigh a ton or more.

Before the state of California temporarily banned the mining of their rivers with dredges and before the price of gold rose to such high levels, miners operated in remote, often pristine, stretches of streams in the Siskiyou Mountains. Out of sight and mind, the miners more often than not ignored laws and regulations and trashed stream ecosystems with impunity. This is harder to do on populous stretches of the Rogue River, with its high recreation use and homes lining its banks.

The public now gets to see what was once only happening in the outback and they don’t like it. The Rogue Riverkeeper program at the Klamath-Siskiyou Wildlands office has fielded a dozen or more irate complaints about the mining on the Rogue. A white water guide wrote in response to the August 20 Oregonian editorial supporting Senator Atkinson’s call for a ban on suction dredge mining:

“I have several photos taken of these miners committing violations to their permit during the past few weeks, and one in particular sums up what I have been witnessing: A miner, while smoking a cigarette, refueled his suction dredge with a can of gasoline in the river (illegal) and then proceeded to throw the cigarette butt into the river. Ignorant and disrespectful!”

And this is nothing compared to what happens in remote areas out of the public eye.

Under the Bush Administration, both the Forest Service and Bureau of Land Management weakened their surface mining regulations. Additionally, with two memos, the Minerals and Geology Department of the Forest Service gutted the mining rules of the Northwest Forest Plan, put in place to protect streams and rivers and threatened and declining salmon and steelhead populations.

In the 1990’s the sweeping Plan underwent intensive scientific analysis, extensive public participation and numerous legal challenges. However, the Obama Administration has done nothing to undo the Bush reversals of 8 years and the dominance of mining on Oregon’s priceless steelhead and salmon rivers flowing through national forest and BLM lands.

Currently, on Forest Service lands, mine operators don’t even have to tell the agency that they “are” mining—let alone where—unless they (the miners) “reasonably conclude” their operation could have a significant impact. On the Rogue River-Siskiyou National Forest there’s essentially one full time staff person to monitor mining operation across well over a million acres of remote rugged terrain and one of the highest densities of rivers and streams in the Northwest.

Senator Atkinson is rightfully frustrated with the Oregon Department of Environmental Quality, which issues general permits for instream mining. Please write to the Senator in support of legislation to ban suction dredge mining on Oregon’s streams and rivers. He'll hear from the miners. He needs to hear from those who want our rivers protected, not mined.

While ODEQ is the agency principally in charge of the highly visible Rogue River—where it flows through private, state and county land—the Forest Service, BLM and the Obama Administration should not be let off the hook. They’re in charge of most of southwest Oregon’s treasured National Wild and Scenic Rivers and their tributaries.

It’s these rivers and smaller streams, especially their most productive low gradient reaches, which miners most often target. They're some of the most valuable salmon and steelhead habitat in the United States.

In the recent closure of an approximately 25,000 acre area around Oak Flat Fire, burning in the Briggs Creek Watershed, the Rogue River-Siskiyou National Forest estimated they would have to evacuate about 90 miners! Briggs Creek is an important tributary of the National Wild and Scenic Illinois River, a major contributor to the lower Rogue’s world class fishery.

In closing, thanks and acknowledgment must also go to the Oregonian Editorial Board for their position that Oregon's streams and rivers are ever bit as deserving of protection from this destructive mining practice as those in California. Read: "On river dredging, California has it right." Then go to the "what you can do page."

Kalmiopsis Wilderness Trail Project

2010-08-20T00:08:00.000-07:00

Dedicated volunteers with the Siskiyou Mountain Club recently restored about 8 miles of the 21 miles Trans-Kalmiopsis Trail. This is the only route that dives deep into the steep rugged canyons of Chetco River's watershed in the Kalmiopsis Wilderness. Work on the second leg of this project will begin on August 26 and end on September 5 or 6. Volunteers and donation are needed. If you can't commit to the ten days, they can use your help for shorter periods.

Read about the Siskiyou Mountain Club and their work at their blog - http://siskiyoumountainclub.blogspot.com - and join the effort. Contact Gabe Howe at 503-545-4911 or e-mail him at siskiyoumountainclub@gmail.com.

The Kalmiopsis Wilderness trail project, the club's formation and its goals are also described in the Medford Mail Tribune.

Eight plans submitted to mine the Chetco River

2010-08-09T14:49:00.000-07:00

On June 2, 2010, Chetco River Mining and Exploration's (CRME) owner called in to KBOO Radio. He said:

"[We] assure Oregonians that after mining this area we intend to follow up with an aggressive thorough clean up of the area and bring this entire 15-20 mile stretch ecosystem back to its original state, after we strip mine it of its gold.” (Emphasis added) KBOO - 6/02/2010.

The blue-green waters of the Chetco River. Photo Barbara Ullian

What CRME means by strip mining the Chetco of its gold is anyone's guess. These are their words not ours. The amount of mining they propose at each of their claims is described in the eight mining plans the company submitted to the Forest Service to mine approximately 20 miles of this Wild and Scenic River.
There's currently no evidence that CRME has a right to mine the river under the 1872 Mining Law—with one exception, the claim known as Gold #11 (and that's inquestion). If CRME can demonstrate that their mining claims are valid and meet all the requirements of the law, under the Chetco River Protection Act, their rights will be fully preserved.

If CRME does have a right to mine the Chetco, then the Forest Service has authority to regulate the mining, even if that regulation affects the validity of the mining claims. The mining proposal has to comply with all state and federal laws, including the National Wild and Scenic River's Act.

The Wild and Scenic Rivers Act was passed overwhelmingly by a bi-partisan Congress in 1968. It requires that the land managing agency "protect and enhance" a designated river's outstanding values. In other words, the Wild and Scenic Rivers Act is an anti-degradation policy.

For the area outside the Kalmiopsis Wilderness CRME has submitted six separate but similar plans to mine the Chetco. Read one of the plans. Each is for a period of 10 years, using dredges weighing up to one ton. The company proposes to mine about 470 cubic yards of streambed annually on each of the six claims.

The equivalent of 300 dump truck loads of streambed could be torn up annually in the search for gold along almost 20 miles of this Wild and Scenic River.

This would be the equivalent of 47 - large dump truck loads of the river's bed, torn up at each of six claims outside the Wilderness (about 282 dump truck load equivalents along about 14.5 miles, in addition to the proposed mining on Gold #11 and 10 in the Kalmiopsis Wilderness.

The use dump truck load equivalent to measure the amount of disturbance the mining would result in should be taken to imply that the streambed is a load of lifeless rock and gravel. On the contrary, a streambed is a complex ecosystem and the nursery for much of the river's aquatic life, including its prized wild salmon and steelhead.

The total annual mining CRME is proposing for the National Wild and Scenic Chetco River is up to 3,290 cubic yards. The equivalent of over 300 dump truck loads of Chetco's streambed ecosystem destroyed annually, for ten years.

Read a summary of the mining proposals on The Threats.

These are complex issues but isn't this beautiful river and its world-class salmon and steelhead fishery worth at least requiring the mining company to demonstrate their right to mine? We think so. If you do too, please write your congressional representatives and thank them for introducing the Chetco River Protection Act.

If you want to be involved in the Rogue River-Siskiyou National Forest's analysis of CRME's mining proposals on the Wild and Scenic Chetco River, write to:

District Ranger,
Gold Beach Ranger District,
29279 Ellensburg Avenue,
Gold Beach, Oregon 97444

Ask to be put on the mailing list for all updates, public notices and environmental impact statements or assessments.

Brookings - Chetco meeting packed and positive

2010-08-09T13:04:00.000-07:00

The room at the Brookings library was packed for Lesley Adam’s (Rogue RiverKeeper) presentation on the Wild and Scenic Chetco River, why it matters and the issues facing it. About 70 to 80 people were in attendance on August 5th. The conversation was lively and enthused, fueled by homemade cookies and coffee brought by volunteers. The next day, the meeting was reported to be the talk of Brookings, the community at the mouth of the Chetco River on southwest Oregon's spectacular Wild Rivers Coast. Thanks to everyone who contributed to the great evening.

Chetco River in the news

2010-08-09T12:39:00.000-07:00

The Medford Mail Tribune recently editorialized on the need for Congress to reform the 1872 Mining Law and the Associated Press reported on Oregon's new suction dredge mining permit which includes an interesting twist for the Wild and Scenic Chetco and Kalmiopsis Wilderness.

A July 28, 2010 Medford Mail Tribune editorial called for reform of the 1872 Mining Law, using the following local examples of the need for Congress to change the antiquated law;

the proposal to mine 24 miles of the National Wild and Scenic Chetco River,
the escalation of suction dredge mining in Oregon, and
the $11.3 million cost to the taxpayer for the cleanup of the Blue Ledge Mining on the Rogue River National Forest.

Read the full editorial.

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On August 3rd, Associated Press reported on the State of Oregon’s issuance of its general permit for suction dredge mining.

Oregon limits dredges for gold in salmon streams

By Jeff Barnard | AP Environmental Writer

The article describes the terms of the permit and specific to the Wild and Scenic Chetco River it states:

The $25 yearly permit includes a long-standing state prohibition against harming water quality in 12 federal wilderness areas established before 1972, including the Kalmiopsis Wilderness on the Rogue River-Siskiyou National Forest, where a Washington real estate developer is trying to create a gold mining resort.

The standard of no turbidity increase would effectively prohibit suction gold dredges from mining in those wilderness areas. Panning for gold is still allowed.

This essentially means that the mining plan submitted by Chetco River Mining and Exploration to mine its Gold #11 claim would not be legal as proposed. The mining plan submitted in February 2010 calls for using various types of mining equipment including two 6 inch suction dredges (up to 1200 lbs.) and a 4 inch dredge. The plan also proposes the unprecedented use of helicopters to transport mining personnel to the claim which is deep in one of the most inaccessible parts of the Kalmiopsis Wilderness.

It also could mean that Gold #11 is no longer valid. The claim was found valid by the Forest Service in 1986 but the agency failed to take into consideration the limits placed on mining in the Kalmiopsis Wilderness by the long standing Oregon Administrative Rule.

A mining claim in a withdrawn area has to be valid on the date of withdrawal (for the Kalmiopsis Wilderness this was January 1, 1984) and continually afterwards. More on this issue soon.

The Wilderness Ethic

2010-07-28T12:13:00.000-07:00

In our post "More valuable than gold" we provide the link to a post on the Cleanest Line, one of the blogs on Patagonia's website. The post from 2008 is titled: Kalmiopsis - Fly Fisherman Mikey Wier Searches for Steelhead in the Oregon Wilderness

Wier went to catch one of the Chetco's wild steelhead in one of the wildest wildernesses in the West, the Kalmiopsis. On that count he failed. On another he found riches beyond his expectations and beyond what most of us will ever experience. He wrote:

"Then I realized how lucky I was to have had the chance to see those fish in their native habitat doing what they have been doing for thousands of years."

The trail in to the Chetco was covered with deadfall.

Wier and friends has tried twice before to reach the Chetco's Wilderness reaches. On the third time they made it. It was a grueling winter trip, with trails in the Wilderness unmaintained for more than a half decade since the Biscuit Fire and choked with deadfall. It rained off and on and no wild steelhead were caught but that was okay he wrote:

"Wilderness is more valuable than any possession I own. I felt so blessed to see them in this environment. Just being there was enough for me. As population grows and climate changes, there is going to be an increasing strain on what remains of the habitat needed for these fish to live and thrive."

Mikey Weir - Fly fishing on the Wild Chetco

"As fish populations dwindle, they will become an icon of wilderness. Steelhead will become a symbol of a healthy and functioning aquatic ecosystem. In my opinion, they should be more valuable than gold, platinum or oil. They should be placed in front of mines, roads, timber sales and this year's fiscal earnings."

There's no need to say more.

Oregon issues 1,205 permits to mine its waterways

2010-06-24T18:39:00.000-07:00

According to reports, the State of Oregon has issued 1,205 Clean Water Act National Pollutant Discharge Elimination Permits (NPDES) for suction dredge mining. The permits provide authorization to the mine streams and rivers of Oregon. Known as 700 PM, the general permit is issued under the State's authority to implement the Clean Water Act (CWA). It's available on the internet and simply has to be filled out and mailed to Oregon Department of Environmental Quality with a $25.00 check. 700 PM allows the permitees to mine with little or no oversight. Suction dredge mining can begin on the Wild and Scenic Chetco River on July 15th. Note: We incorrectly reported that the state issued 2,000 permits for suction dredge mining.

Under the permit miners are supposed to self-monitor their activities. They're not required to disclose their mining location or submit annual reports. Without this information, it's impossible to ensure adherence to permit restrictions, which are supposed to protect water quality standards and fish. The federal Environmental Protection Agency administers the CWA in Idaho and they recently required location disclosure and annual reports for suction dredge activities in their draft NPDES permit. While the comment period on Oregon's 700 PM suction dredge mining permit has closed you can read about the process and still contact your elected officials. See Pacific Rivers Council.

Who's minding the hen house? Not the Forest Service or BLM. Neither the Forest Service nor the Bureau of Land Management require what they define as small scale mining operators to even notify them. According to Forest Service policy, if miners “reasonably conclude [that] impacts [from their mining operation] are not likely to be significant,” then they do not have to even contact the Forest Service. However, on the Clearwater National Forest in Idaho, the agency is applying a very different set of standards, requiring miners to submit plans of operation, which require details and location of the mining, and reclamation bonds. Mining is monitored and strict limitations put on each operation. Read more about mining our rivers on KS Wild's website and about the proposals to mine the Chetco.

Suction dredge mining season begins: The Oregon Department of Fish and Wildlife sets in-water work periods. Suction dredge miners are supposed to follow these guidelines. In-water work periods vary by river basin. Some Oregon streams can be mined with suction dredges as early as June 1st. See the in-water work period for each stream or basin.

The suction dredge mining season for the National Wild and Scenic Chetco River will begin on July 15th. With the Chetco being advertised by Chetco River Mining and Exploration to California dredgers and mining clubs as a “free mining corridor” it's hard to say what will happen on the river this summer.
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How to help - Representatives Peter DeFazio, David Wu and Earl Blumenaur and Senators Ron Wyden and Jeff Merkely just introduced the Chetco River Protection Act. Absent Mining Law reform it will provide the best possible protection for the Chetco River. Please thank them. See a discussion on measures to protect this Wild and Scenic River and here's how you can help save the Chetco from proposals to mine almost half it length. Please also speak out for rivers and streams near you that are subjected to in-stream mining.

Read about State Senator Jason Atkinson's call for legislation banning suction dredge mining on Oregon's streams and river and write to him in support.

Chetco River Protection Act Introduced

2010-06-15T16:03:00.000-07:00

On Wednesday, June 15th, Representatives DeFazio, Wu and Blumenauer and Senators Wyden and Merkley introduced the Chetco River Protection Act—legislation that will increase protection for the National Wild and Scenic Chetco River that's threatened by proposals to mine almost half its length. See press releases below and how to send a thank you message to the congressional delegation.

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Wyden, DeFazio, Merkley Introduce Chetco River Protection Bills in House and Senate

Will Boost Federal Protection Designations on more than 3 Miles of River and Prevent New Mining Claims

Washington, D.C. – Seeking to protect the Chetco River from expanded suction dredge mining that threatens salmon and steelhead breeding grounds, U.S. Senators Ron Wyden (D-Ore.) and Jeff Merkley (D-Ore.), and U.S. Representative Peter DeFazio (D-Ore.) introduced bills in both the House and the Senate to permanently raise the federal protection levels of more than three miles of the river and put in place new prohibitions on future mining that will preserve the Wild and Scenic portions of the river. U.S. Representatives Earl Blumenauer (D-Ore.) and David Wu (D-Ore.) have also cosponsored the legislation. Full Congressional Press Release.

Please send a quick "thank you" email to each congressional office. Here's suggested text that you can cut and paste:

Thank you for introducing legislation to provide greater protection for the National Wild and Scenic Chetco River. We support and applaud your work to protect this amazing waterway through legislation.

We would also like to thank you for your efforts to get the Obama Administration to enact an immediate interim mineral withdrawal for not only the Chetco but also Rough and Ready and Baldface Creeks. These world class rivers and streams are threatened by destructive mining proposals. Your continued advocacy is crucial to affecting needed interim protections for some of the Siskiyou's rarest ecological gems.

Here are the links to each congressional office:
Representative DeFazio
Senator Wyden
Senator Merkley
Representative Blumenauer
Representative Wu

Read Representative DeFazio, Senator Wyden and Senator Merkley's April 21, 2010 letter to the Obama Administration requesting mineral withdrawal for the Chetco River, Rough and Ready Creek and Baldface Creek.

The priceless Wild and Scenic Chetco River

The Chetco—one of nation's most endangered rivers

2010-06-02T07:25:00.000-07:00

June 2, 2010 - American River’s released its America’s Most Endangered Rivers™ report to spotlight the nation’s ten most imperiled rivers. Southwest Oregon’s National Wild and Scenic Chetco River, threatened by proposals to mine almost half it’s length, is the 7th most endangered river in the nation. Ask the Obama Administration to withdraw the Chetco River from the Mining Law and read recent editorials.

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Go to American Rivers and help save the Chetco by sending a letter to the Obama Administration.

Go to Klamath-Siskiyou Wildlands, send an email to the Obama Administration asking them to withdraw the Wild and Scenic Chetco River and Rough and Ready Creek and Baldface Creek.

Go to Save Our Chetco "how you can help" page and write a quick note to Representative DeFazio, Senator Wyden and Senator Merkley.

Please keep checking back to this site for news and additional things you can do to help save the Chetco River.

See recent editorials and media - Chetco in the news (updated June 7, 2010).

1872 Mining Law

2010-06-01T21:25:00.000-07:00

The 1872 Mining Law governs hardrock mining on publicly owned lands in the United States. It was signed into law by President Ulysses S. Grant and has remained virtually unchanged for 138 years. The antiquated law and equally archaic government policies result in mining, by default, becoming the highest and best use of public lands, which are open to operation of the Mining Law—even on priceless National Wild and Scenic Rivers, like the Chetco.

The Mining Law essentially holds that all "valuable" hardrock minerals (e.g. gold, silver, copper, nickel and uranium) can be taken from most National Forest or Bureau of Land Management lands, without compensation to the public, and that the land can be purchased for the 1872 price of $5.00 an acre or less.

The federal government's position is - they can't say no to hardrock mining—even if it pollutes, endangers communities or impacts all other users of our National Forests and BLM lands. So according to the land managing agencies mining essentially trumps all other uses of public lands as long as the area is open to operation of the Mining Law. This is why we're pleading with the Obama Administration to immediately withdraw all of the National Wild and Scenic Chetco River outside the Kalmiopsis Wilderness, which was withdrawn in 1984.

The incredible sway the Mining Law has in the West is hard to comprehend unless you're a community, tribe, or individual citizen fighting to protect your rivers or backyards from mining. The citizens of Crested Butte, Colorado have lived with the threat a molybdenum mine for decades. Watch this National Geographic video about the Mining Law and Crested Butte's 30 year struggle.

The Karuk Tribe in Northern California's Klamath Basin have been trying to protect their home rivers and salmon runs from instream suction dredge mining for almost as long. Watch their video.

The federal government's position is that state and federal regulations provide adequate protection from the impacts of mining. Tell this to the people of Libby, Montana where 192 miners and members of their families have died and 375 have a fatal diseases as a result of a now closed vermiculite mine. Doctors predict people in Libby will continue to die for decades. Read about this community's tragic plight in an award winning investigative series by the Seattle Post-Intelligencer.

The mining industry, the federal government, Congress and the general public all bear blame, though not equally. Despite the toxic legacy of destruction and injustice, Congress has yet to provide meaningful reform of the archaic mining law. Under the Bush Administration, the Bureau of Land Management and the Forest Service weakened any gain in regulatory effectiveness achieved under the Clinton Administration. To date, the Obama Administration appears to be doing little to rollback the Bush legacy.

The one caveat to the Mining Law's stranglehold—that the rights it grant are derivative of a discovery of a valuable mineral deposit—goes ignored by land managing agencies unless an area is formally withdrawn from operation of the Mining Law, also known as “mineral withdrawal” or “withdrawal from the Mining Law.” Recently, the Department of Interior, proposed withdrawing almost one million acres of land around the Grand Canyon.

Protecting the Chetco

2010-06-01T13:00:00.000-07:00

In order to provide the best possible protection for the National Wild and Scenic Chetco River, the Oregon Congressional Delegation recently introduced the Chetco River Protection Act. It's based on Forest Service recommendations. But legislation takes time to pass in a busy Congress. In the interim the Obama Administration has been asked to withdraw approximately 19 miles of the Wild and Scenic Chetco River (on National Forest land) from operation of the Mining Law in order to give Congress the time it needs to act.

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The 1872 Mining Law - Under the 1872 Mining Law (Mining Law), all valuable mineral deposits in lands belonging to the United States are open to exploration, occupation and purchase under regulations prescribed by law. Hard to believe in this day and age. But the Mining Law even applies to National Wild and Scenic Rivers like the Chetco, unless they are classified as “Wild” and withdrawn from operation of the Mining Law—aka, withdrawn from mineral entry or mineral withdrawal.

Mineral Withdrawal - Withdrawal of National Forest and Bureau of Land Management (BLM) lands from the Mining Law is the simplest available mechanism for protecting non-mineral values where there’s a threat of hardrock mining. The 25.5 mile segment of the National Wild and Scenic Chetco River, which is classified as “Wild” and within the Kalmiopsis Wilderness, is withdrawn from mineral entry. However, the 19 mile segment outside the Wilderness, which is classified as “Scenic” and “Recreation,” remains open to mineral entry and mining. After an area is withdrawn from the Mining Law, mining can only occur on existing claims that are valid and that meet all requirements of the law. Those claims that are found "not valid" are declared null and void and no new mining claims can be located in the withdrawn area.

Failure to Act - Under recommendations the Siskiyou National Forest made in its National Wild and Scenic Chetco River Management Plan in 1993, 9.5 miles of the Scenic segment should have been withdrawn from the Mining Law years ago. But the agency sat on its recommendation to Congress to upgrade the protective classifications on 3.5 miles of the river for 15 years and failed to act on its recommendation to withdraw the “Scenic” segment, saying there was no need because the area had “low mineral potential and a low probability of the claims being developed.” Ironically, this would have been the time to withdraw the river.

How to Withdraw Federal Lands - Mineral withdrawal can be accomplished by Congress, through legislation, and administratively by the Secretary of Interior, through authority granted by Congress in the Federal Land and Management Policy Act (FLPMA) of 1976. However, the Secretary can make such withdrawals only with consent of the head of the department or agency concerned. In the Chetco River's case, the head of the department is Secretary Vilsack.

Best Possible Protection for the Chetco - On June 15th, Representatives Peter DeFazio, David Wu and Earl Blumenaur introduced the Chetco River Protection Act. Senators Ron Wyden and Jeff Merkley introduced companion legislation in the Senate. The legislation acts on the Forest Service’s 1993 recommendations to Congress and also withdraws the “Scenic” and “Recreation” segments of the river from the Mining Law. Failing a major re-write of the 1872 Mining Law by Congress (it’s been 138 years) this—with an interim withdrawal from the Obama Administration to give Congress time to pass the legislation—is the best possible protection for the Chetco in the face of the threat to mine almost half its length.

Interim Protection Is Needed from the Obama Administration - In November 2009 Representative DeFazio, Senator Wyden and Senator Merkley asked the Secretary of Interior, Ken Salazar, and Secretary of Agriculture, Tom Vilsack, to immediately withdraw the Chetco River, Rough and Ready Creek and the South Kalmiopsis (Baldface Creek) from operation of the Mining Law. The purpose of the requested withdrawal is to provide interim protection for the three areas and give Congress time to act.

One would think that the Secretaries would be happy to assist Congress in this, especially since the Oregon delegation is simply acting on the Forest Service’s recommendations and providing additional protection for the Wild and Scenic Chetco River in the face of the new mining threat. However, the delegation had to write to the Secretaries again on April 21, 2010 and renew their plea for immediate withdrawal. It's now a now a race against time, with the instream mining period on the Chetco beginning on July 15th.

Please help. Go to Save Our Chetco's "what you can do" page and send an email to Secretary Salazar and Secretary Vilsack and then send a thank you email to Oregon's Congressional Delegation. Links and suggested text is provided.

The Science

2010-06-01T11:00:00.000-07:00

In a recent article in the Oregonian, the Gold Beach District Ranger is quoted as saying he knows no definitive proof that suction dredge mining harms fish. However, Forest Service biologists have said this in peer-reviewed literature:

"Given the current level of uncertainty about the effects of dredging, where threatened or endangered aquatic species inhabit dredged areas, fisheries managers would be prudent to suspect that dredging is harmful to aquatic resources."

This is from the paper "Effects of Suction Dredging on Streams: a Review and an Evaluation Strategy," by Bret C. Harvey and Thomas E. Lisle, published in the American Fisheries Society Journal, Fisheries, in 1998. Note - The Forest Service website is down but you can go to the Karuk Tribe website and access a PDF file of the paper. Just scroll down the page to Harvey and Lisle Suction Dredge Report. See also Dr. Peter Moyle's expert testimony.

California recently banned suction dredge mining because of a court case brought by the Karuk Tribe that alleged damage to salmon runs on the Klamath. As a result, the state of California's Department of Fish & Game is currently conducting an Environmental Impact Review. The first step --a comprehensive, up-to-date literature review that explains the current state of science-- is now available with some preliminary analysis.

Like the Harvey & Lisle paper, the California literature review suggests that uncertainty remains. However that does not mean that decision makers should simply make decisions that favor miners instead of fish or Native Americans.

For example, proponents of mining often say that juvenile fish eat the detritus that is churned up by dredges, and therefore suction dredging is "good" for the fish. However, the recent literature review suggests that this empirical conclusion may be too simplistic. When the detritus is turned up and is washed away from a pool, the productive capacity of the aquatic ecosystem is destroyed for 30 to 45 days. So it may, in fact, be a situation of feast and then famine for the juvenile fish at just the time that they need a steady diet to grow to adulthood.

It is not clear if either of these conclusions is true, but it is certainly not prudent to pretend that the way we've always thought is accurate, especially when the future of our salmon and steelhead runs are at stake.

This is especially the case with the proposal to mine the Wild and Scenic Chetco River, an extraordinary natural resource that belongs both to local communities and to the citizens of the United States. It seems particularly outrageous to give one individual the privilege of degrading this public resource that belongs to all of us.

See also the Instream Mining Impacts page.

More valuable than gold

2010-06-01T10:45:00.000-07:00

From the Cleanest Line Blog on Patagonia’s website comes a tale about the meaning of Wilderness and plea for rivers like the Chetco and its wild steelhead.

The story begins with fly fisherman Mikey Wier searching for wild steelhead in an Oregon Wilderness and this statement:

“Even if you're not an angler, I highly recommend taking the time to read this story."

It concludes:

“The next morning we packed up camp and started the trudge home. As we hiked back up the hill, again my thoughts turned back to the fish. At first I was upset that I didn’t get to catch one. Then I realized how lucky I was to have had the chance to see those fish in their native habitat doing what they have been doing for thousands of years.

Wilderness is more valuable than any possession I own. I felt so blessed to see them in this environment. Just being there was enough for me. As population grows and climate changes, there is going to be an increasing strain on what remains of the habitat needed for these fish to live and thrive.

As fish populations dwindle, they will become an icon of wilderness. Steelhead will become a symbol of a healthy and functioning aquatic ecosystem. In my opinion, they should be more valuable than gold, platinum or oil. They should be placed in front of mines, roads, timber sales and this year's fiscal earnings.

Water is one of the main elements that form our existence. Most of our body is made of it. If we don’t drink clean water almost everyday, we will die. If we can’t take care of the fresh water river systems that support wild steelhead then we are not working as good stewards of this planet. If we let wild steelhead fade out, we won’t be far behind.”

A Community Treasure

2010-06-01T10:30:00.000-07:00

Brookings/Harbor at the mouth of the Chetco on Oregon's Wild Rivers Coast.

Not only is the Chetco River one of America's great outdoor places and a natural treasure, it's a key natural economic asset for Curry County and for the communities of Brookings and Harbor.

The Chetco provides:

Exceptionally clean drinking water for Brookings and Harbor;
Habitat for salmon and steelhead that provide a crucial sport fishery that many local people build their livelihoods and businesses around
Unparalleled recreation for local residents
Needed gravel for local construction and roads

The river support the well-being of local people in the community in many ways.

The proposals to mine the Chetco would benefit few and places at risk the irreplaceable values, belonging to all.

Grants Pass Courier

2010-05-04T15:29:00.000-07:00

Note - We couldn't link to the Daily Courier site so have posted the full June 4, 2010 article here.
Community
Last Update Friday, June 04, 2010
Chetco River on most endangered list

By Jeff Duewel of the Daily Courier

The Chetco River has landed on the "America's Most Endangered Rivers" list because of a plan to mine for gold in the river.

It's ranked No. 7 on the list, put out by American Rivers, a 37-year-old organization that advocates for river health nationwide.

The listing is in response to plans by David Rutan of La Center, Wash., to use a suction dredge to excavate about a dump truck load of river gravel per day on a 20-mile stretch of the Chetco.

Rutan, who also lives part-time in the Grants Pass area, has submitted the plan of operation to the Gold Beach Ranger District of the U.S. Forest Service.

Two years ago Rutan began flying guests by helicopter into the remote Emily Cabin site in the Kalmiopsis, which he purchased from Carl Alleman of Selma a few years ago, for recreational mining.
The patented mining claims are now private property, and deep inside the 180,000-acre wilderness. Rutan hauled in cabins and equipment by helicopter for the Oregon Gold Trips experience.

The commercial mining plans are downstream.

Barbara Ullian of Grants Pass believes the mining goes against the idea of wilderness and will harm the exceptional water clarity and world-class salmon and steelhead of the Chetco, which reaches the Pacific at Brookings. Ullian has championed the protection of the area for years.

"The Forest Service is fond of saying there's no definitive studies showing impacts to salmon from instream mining," Ullian said. "This is the wrong approach. There were no definitive studies saying deep ocean oil drilling would have a certain effect and look what happened.

"The Chetco is a National Wild and Scenic River and a world class salmon and steelhead stream with exceptional water clarity. Congress mandated these values be 'protected and enhanced.'

"Mining almost half the river with dredges weighing up to a ton, with up to 3,200 cubic yards of disturbance annually, within the stream itself, is not 'protecting and enhancing.'"

Oregon's congressional delegation has requested the Obama Administration to not allow mining along the Chetco.

Alan Vandiver, district ranger in Gold Beach, is still evaluating Rutan's plans.
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Reach reporter Jeff Duewel at 541-474-3720 or jduewel@thedailycourier.com