Sucker Creek, Oregon – A gold miner received a year’s probation and a nominal fee for illegally operating on National Forest System land and damaging sensitive salmon habitat, according to court documents unsealed this week. Clifford Tracy, 63, was sentenced in November 2009, but the case highlights ongoing concerns about illegal mining activity and its impact on Oregon’s waterways.
The investigation began in late October 2008 when the Oregon State Police and U.S. Forest Service received complaints regarding increased turbidity – cloudiness caused by suspended sediment – in Sucker Creek. Officers traced the issue to Tracy’s gold suction dredging operation. Beyond the unpermitted mining, investigators discovered Tracy had extensively damaged Forest Service property at his mining claim site without authorization. The timing of the activity was particularly concerning; Tracy continued work approximately six weeks *after* the designated in-water work window had closed, a critical period for the protection of salmonid species.
Despite a warning and subsequent discovery of renewed mining activity in September 2009, Tracy continued to operate without permits or Forest Service approval. Law enforcement obtained a restraining order to prevent Tracy from accessing his claim. However, Tracy reportedly indicated his intention to return, leading to a 12-day period of incarceration – a brief jail sentence served as a consequence of defying the court order. This act of defiance underscored the difficulty authorities faced in curtailing Tracy’s illegal operations.
Tracy was formally charged on October 1, 2009, with violating multiple federal regulations. The charges stemmed from his unlawful use and occupation of National Forest System land through excavation and mining operations. Specifically, he was cited for violations of 16 U.S.C. §3, which addresses the preservation of historic and archeological data, as well as 36 CFR §261.10(p) and 36 CFR §228.4(a)(3), which govern activities on National Forest System lands requiring permits and operating plans. These regulations are in place to protect both the environment and public resources.
On November 20, 2009, Tracy entered a guilty plea and was sentenced to one year of probation by the federal district court for the District of Oregon. While no fine was imposed, he was assessed a $25 special assessment fee. The relatively lenient sentence has drawn criticism from environmental groups who argue it fails to adequately deter future illegal mining activities and does not reflect the extent of the environmental damage caused.
The case serves as a reminder of the ongoing challenges faced by federal and state agencies in monitoring and enforcing regulations surrounding mining activities in ecologically sensitive areas. While Tracy’s actions resulted in a criminal conviction, the long-term impact on Sucker Creek’s ecosystem remains a concern. GrimyTimes will continue to follow this story and investigate other instances of environmental crimes in the Pacific Northwest.
Key Facts
- Defendant: Clifford Tracy
- Location: Sucker Creek, Oregon
- Year: 2010 (Sentencing occurred in 2009, activity spanned 2008-2009)
- Crime: Illegal mining on National Forest System land, damaging sensitive salmonid habitat, and violating a court order.
- Laws Violated: 16 U.S.C. §3, 36 CFR §261.10(p), 36 CFR §228.4(a)(3)
- Penalty: 12 months probation, $25 special assessment fee, 12 days in jail for contempt of court.
- Turbidity: The primary initial complaint, indicating sediment pollution of the creek.
Source: EPA ECHO Enforcement Case Database
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