First Nations Billing Placer Miners to Process Notices of Work (NoW).....
I sent this out to Butch Morningstar to look over to make sure I got it right. We are setting up a meeting between MEMPR, BCPMA, and First Nations has soon has possible...
.... Jim, good to talk to you this morning and thanks for this. I have made a few comments below in the areas in red (my comments are in black). You may use them or no, as you see fit and I hope they are of some help.
Butch Morningstar
Executive Director, Regional Operations
Mining and Minerals Division
Ministry of Energy, Mines and Petroleum Resources
Victoria, B.C.
Phone (250) 387-0844
Cell (250) 818-1393
Fax (250) 952-0491
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A select few First Nations have been billing the BC government for referrals and amendments...saying the are not reimbursed for cost to process NoW's by government...
When they couldn't bill the mines office...There trying to bill the miner...This goes against court rulings and Legislation. No Third Party Negotiations , only Government to Government...
On April 18/09 I spoke with Gorden Campbell and Bruce Ernst in Williams Lake...Showed them a bill one of our members got and asked if someone could get me a meeting with Minister Hogg.... Gorden Campbell and Bruce Ernst understood it's importance and how this could ruin placer mining... Mr. Ernst said Pat Bell would be in Quesnel April 21, and I could discuss this with Mr. Bell at this time if I wished... but in the mean time Mr. Ernst said he would get hold of Gorden Hogg...I had spoke with Mr Bell a couple of times when he was minister of mines, and thought it would be good to speak with him ( I wanted to talk to him about Resource Road Act)...Pat Bell was very responsive to this, and assured me we did not have to pay this bill ...First Nations can only deal government to government ...
Mr. Bell said he would pass any information he had on to Mr. Hogg for us...
Minister Hoggs office got hold of me on April 23, and set up a phone conference ...Bruce Ernst, Carl Rosk, Wendy and I, were there...I explained the bill (he hade a copy), and Mr. Hogg said we don't have to pay, Wendy asked if we could get this in writing, and Mr Hogg said yes...I spoke briefly about Resource Road Act Exemption for Placer Mining and Mineral Exploration,and First Nations issues effecting NoW and Lease delays...
Mr Hogg said "Sounds like we need to set up an Emergency BCPMA meeting to deal with this", and asked when?
Next CMA meeting is May 12/09 , we'll discuss this further...
I'm aware of 5 or 6 (including my own,I got one while writing this) bills from First Nations , I know there's any more , let me know...
I want to thank Bruce Ernst for all his help getting the word to the right people, I couldn't have done this with out his contacts...
.......BCPMA meeting March 18/09
At April CMA meeting there were 37 people... We went over CMA issues for March 18 meeting, And issues brought forward by other Associations... Most will be discussed in detail at CMA's AGM but here are a few...The BCPMA web site and CGMA message forum have minutes for these meetings ...
There were 5 Directors from BCPMA and 5 guests and 6 from Government at March 18 meeting...
.......1)- Resource Road Act....
The first big issue is over, I hope... I've scratched it off my list... Bruce Chaytor , Butch Morningstar and myself are on the committee...We got an Exemption for Placer Mining and Mineral Exploration from the Resource Road act under the Forest Practices Code...There is more of a problem on Vancouver Island than anywere... (BM)Jim, there currently is no Resource Roads Act under the Forest Practices Code tabled. The components of the resource roads act as it was previously written that are currently still being worked on are forestry road safety, and oil and gas activities; neither of which have an impact on mining.
..... 2)- Dredging ...
Permits being issued for bed rock sniping in several mining regions, but no sand or gravel disturbance.... must take pics of area.... if you want to have a closed dredging , with no discharge into water course, you have to include this in your mining plan...Check with your inspector...
.....3)- Permitting for Notices of Work and Amendments....
There was extra inspectors in the Prince George office to try and catch up on permits...I was phoned on Saturday April 25 to discuss my NoW, (just needed a better map of my mine plan, and copy of my water lease)...My NoW was handed in and date stamped Feb. 19, and I was approved on May 1 , but my mine plan is just a continuation of work i didn't finish, so only had to go out for notification to first nations, not
referral...Prince George office is still short handed, and behind on permits...(BM) Jim, we typically send the NoW to FN for notification only if the project is a continuation of an existing program (i.e. the miner is working the same claim/lease again). The continuing high price of gold has increased the number of permit applications this year, hence the high volume of work for our inspectors to do. As you noted, we have added a bit of extra help to move some of these through. The main time constraint is the time it takes the inspector to call the miner and work through the deficiencies in the application. The more clear and complete the application, the less time it takes the inspector to review and approved the application. Members can speed up the process (as you noted in your example above) by submitting clear and complete applications.
.....4)- Lease Conversion...
The biggest hold up on Leases is First Nations, at Jan 16 meeting Butch Morningstar said it would be better if we could open a line of communication with first nations, I came home and looked into it , at the time I thought it would be imposable... next meeting march 18 I said there's just to many Bands to deal with, I have 8 Bands to deal with some areas has many has 13...The only lease the had been issued in BC in the last year and a half was in Atlin...And the miner went and got First Nations approval himself...
......5)- Yardage Restrictions on Cells...
This is still on the table....One way to get out of Leases Conversion is to remove Yardage Limits on cells...Have Bond reflect the size of Operation...
Hopefully we'll get the penalty for converting legacy claims (2000sm) to cells (1000sm) will be rectified soon also...
.....6)- Placer Review Board....
This was stopped in 2006 when the notification process with First Nations changed...
At that time there was a lady in Horsefly (Glenna)who applied for an area there in 2004, and her application was dropped, but she kept up here struggle ...
The area in question is open to mineral but not placer... It was a permitted placer operation till 1986,and they would not renew the NoW...Glena's application is the first to be looked at....
All opening of closed placer areas will be by application only,for now....BCPMA and MEMPR are working with First Nations and the DFO....The review board is looking what the process will be now...
.....7)- Multi year permits...
When you apply for your Notice of Work (NoW), In your mining plan if your NoW is for more than one year, you must sibmit a multi year Mining Plan ie. What you will be doing Where in 2009 and 2010 Maps ,ect....If you do not have a 2 year plan they will only give you a one year permit...Mines branch say you must stay with your plan unless you amend it, and this can possibly take just has long has NoW's... (BM)There is no requirement to apply for muli year plan. This is an option only. It saves having to submit a new NoW each year. Minor changes between year do may not require an amendment, but just an ok from the mines inspector. Major shifts in scope of the project will require an amendment. The larger the change, the more review it takes. Good up front planning saves time down the line.
.....8)- Security of Tenure....
We need a stronger tenure...
Notification your work reports are received...
Notification before hand of forfiture...
.....9)- Cash in Lue...
The Government is going to make a change to how many times you can do this in a calendar year. This was Governments decision from meetings with industry last year.. not a recommendation from BCPMA....
..... I encourage everyone to read the Campaign Platforms all the Party's have, so you make an informed decision... I was at an all candidates meeting the other night, and to tell you the truth I like all three...,Liberals Bruce Ernst, Green Party,Doug #@*# and NDP Bob Simpson .But it's there Platform where I made my decision...
Sooooo I'm gonna plug my nose and vote for ?????
Make sure you get out and vote before the CMA meeting May 12..... Hope to see everyone at the AGM June 13, it's sure been a busy year...
.... Jim Gibson

