Medford, OR – Clifford Randall Tracy, 40, of Gold Hill, Oregon, was sentenced to a year in federal prison earlier this month for conducting illegal mining operations and violating federal environmental regulations. The case, investigated jointly by the U.S. Bureau of Land Management (BLM) and the Environmental Protection Agency (EPA), highlights a growing concern regarding unpermitted recreational mining activities in Oregon, authorities say.
Tracy’s latest offenses centered around mining activities along Galice Creek in Josephine County. Despite being informed by the BLM that a plan of operations and bonding were required due to the presence of critical habitat for threatened species, Tracy proceeded with excavation and soil processing in May 2011, without obtaining the necessary approvals. BLM personnel discovered the operation in June 2011, noting significant surface disturbance and sediment discharge impacting over 1.5 miles of the creek. A cease and desist order was issued, but Tracy allegedly ignored the directive and continued mining.
The investigation revealed a pattern of disregard for environmental regulations. While initially charged with a Clean Water Act (CWA) violation related to effluent limitations [33 U.S.C. 1311(a)], Tracy was ultimately acquitted on that count following a two-day jury trial in December 2011. However, he was convicted of violating Public Lands use regulations [43 U.S.C. 1733(a)] for knowingly and willfully conducting mining operations on BLM land without authorization. The prosecution successfully argued that Tracy’s actions caused demonstrable harm to the environment.
Repeat Offender
This isn’t Tracy’s first brush with the law regarding illegal mining. In November 2009, he was convicted for similar offenses on Forest Service land along Sucker Creek, also in Josephine County. That incident involved constructing a road, excavating a pond, and cutting trees without permits, resulting in $30,695 in damages. However, in that earlier case, Tracy received only one year of probation with no fine or imprisonment. The current sentence, the maximum allowable under federal law, reflects the escalating severity of his repeated violations.
Environmental Impact and Concerns
The EPA-Criminal Investigation Division (CID) has noted that Tracy’s behavior isn’t isolated. The U.S. Forest Service and BLM have reported a trend of similar unlawful mining activities within the recreational mining community in Oregon. The unpermitted discharges of pollutants, like sediment, pose a threat to aquatic ecosystems and water quality. The sediment discharge into Galice Creek, as documented by BLM geologists, directly impacted the health of the waterway.
Sentencing and Restitution
On February 6, 2012, U.S. District Court Judge Owen M. Panner sentenced Tracy to 12 months incarceration and ordered him to pay $4,360 in restitution to cover the reclamation costs associated with restoring the damaged land along Galice Creek. Assistant United States Attorney Douglas W. Fong prosecuted the case. The sentence underscores the federal government’s commitment to enforcing environmental regulations and holding individuals accountable for damaging public lands and waterways.
Key Facts
- Defendant: Clifford Randall Tracy, 40, Gold Hill, OR
- Crime: Unlawful mining operations on Bureau of Land Management (BLM) land and violations of federal environmental regulations.
- Location: Galice Creek, Josephine County, Oregon
- Date of Offense: May – June 2011
- Statutes Violated: 43 U.S.C. 1733(a), 33 U.S.C. 1319(c)(1)(A)
- Sentence: 12 months incarceration, $4,360 restitution
- Prior Conviction: 2009 conviction for unlawful mining on Forest Service land.
Source: EPA ECHO Enforcement Case Database
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