A grandfathered mining claim passed down
through generations has trumped the Wilderness Act. For the mine
owners it’s a victory; for others the potential mine raises
concerns over wilderness protection and mining regulations.
For nearly 60 years, Robert and Marjorie Miller of
Montrose, Colo., have tried to re-open the Robin Redbreast Gold
Mine in southwestern Colorado’s Uncompahgre Wilderness. Now,
after decades of litigation, the Millers are on the verge of
getting approval for their plans to mine in a designated wilderness
area.
Marjorie Miller’s father staked the claims in
1938, more than 50 years before the land became part of the
Uncompahgre Wilderness. Craggy peaks of the San Juan Mountains and
alpine forest characterize the mining site. It is home to mountain
lions, black bears, pikas and bighorn sheep – as well as a
possible $6 million in gold.
The controversial General
Mining act of 1872 has thus far preserved the Millers’ claim
despite the land’s protected status. But mining such a claim
is no simple task. In the 43 years since the creation of the
Wilderness Act, the Millers have had to comply with a slew of state
and federal regulations, including water-quality monitoring,
environmental assessments and the transfer of claims to the Bureau
of Land Management.
A May 11 U.S. Forest Service decision
turned down the Millers’ plan, says Jeff Burch, an
environmental coordinator for the service, but with some revisions,
it could be approved by mid-August. While the Forest Service
established requirements that would lessen mining impacts, such as
reducing motorized vehicle use and night lighting, the Millers say
the plans also reflect their personal environmental ethic.
“Something the Millers have always been concerned
about is they didn’t want a mining operation that would
destroy the beauty and serenity of the wilderness,” says
Charlie Ponchak, the Millers’ geologist and owner of San Juan
Geological and Mining Consultants in Montrose, Colo.
Mining efforts could remove as much as 2,500 tons of rock and gold
from the mountain. To minimize damage to the environment, workers
will use picks and shovels to extract ore, and then haul it out
with mule teams over existing trails. Helicopters will deliver
larger equipment to avoid the on-the-ground impacts of truck use,
and the Millers will also post a reclamation bond to ensure the
site’s restoration after mining.
Nonetheless,
environmental groups are concerned that the proposed mining will
degrade the wilderness with acid-mine drainage and the human
footprint created by mining activities. The Robin Redbreast case
demonstrates the need to reform the 1872 Mining Law, say the
groups, because it restricts the Forest Service from properly
regulating mining claims in designated wilderness areas. “Is
the right of some private individuals worth the cost of really
important wilderness areas that we all own?” says Dan Morse,
public-lands director for the High Country Citizens Alliance.
Once the Forest Service accepts their plan, the Millers
may need as many as nine additional permits from other agencies,
including the Colorado Division of Reclamation, Mining and Safety
and the U.S. Army Corps of Engineers.
“Yeah,
it’s only taken 23 years,” jokes Robert Miller, who is
now in his 80s, referring to the couple’s latest push to open the
mine. “It could happen anytime.” But then he adds,
“There’s so much more to do before we can ever start
mining.”
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