Judge: Miner who refused to stop is guilty

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A Gold Hill man was found guilty of illegal mining today and will be responsible for costs to remediate his road building and mining on Forest Service land on Sucker Creek in Josephine County.

Clifford R. Tracy, 37, landed in jail in September after refusing to stop mining on his claim. He became the latest flashpoint in ongoing controversy over mining on public land.

U.S. District Court Judge Owen M. Panner found Tracy guilty of mining without an operating plan approved by forest officials and sentenced him to one year on probation.

“I don‘t want you violating the law even though you think you have rights to the minerals,” Panner said to Tracy.

Panner didn’t impose any fine, noting that Tracy is seeking bankruptcy protection and the government is seeking reparations in a civil suit, or additional jail time.

Tracy spent nearly two weeks in jail in September after he was arrested on the illegal mining charge. He refused to sign a release agreement, promising not to continue mining.

Panner also refused to dismiss a civil suit and agreed with the U.S. Attorney’s Office motion that Tracy had trespassed on public land and should be responsible for the environmental damage caused by his mining operation.

“It was totally inappropriate for him to continue mining,” Panner said. “There’s no question about the evidence or the law.”

— Anita Burke

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