Sucker Creek, OR – A lone gold miner’s persistent disregard for environmental regulations and federal law landed him in jail and on probation, according to court records obtained by GrimyTimes. Clifford Tracy, 63, repeatedly flouted restrictions on mining activity in Sucker Creek, a sensitive salmonid habitat within the U.S. Forest Service lands of Oregon, between 2008 and 2009.
The initial complaints surfaced in late October 2008, when Oregon State Police and U.S. Forest Service officers investigated reports of unusually murky water in Sucker Creek. The source was quickly traced to Tracy’s gold suction dredge operation. Beyond the immediate issue of water turbidity, investigators discovered Tracy had extensively damaged Forest Service property at his mining claim *without* obtaining the necessary permissions.
The timing of the illegal activity was particularly egregious. Tracy continued his work approximately six weeks after the designated “in-water work window” had closed for Sucker Creek. This window is strictly enforced to minimize disruption to spawning salmon and other aquatic life. Further investigation in September 2009 revealed Tracy had resumed mining his claim, again without permits or authorization from the Forest Service.
Legal Wrangling & Contempt
Authorities responded with a restraining order, attempting to halt Tracy’s operations. However, Tracy brazenly indicated his intent to return to the claim, leading to a contempt of court charge. He ultimately served a 12-day jail sentence for violating the restraining order, demonstrating a clear unwillingness to comply with legal directives.
Federal Sentencing & Penalties
On November 2, 2009, Tracy was sentenced in U.S. District Court for the District of Oregon. He pled guilty to violating 16 U.S.C. §3; 36 CFR 261.10(p) and 36 CFR 228.4(a)(3) – specifically, unlawfully and knowingly using or occupying National Forest System land by excavating soil and/or conducting mining operations without a required and approved operating plan. While no fine was imposed, Tracy was sentenced to one year of probation and assessed a $25 special assessment fee. This relatively light sentence has raised questions among environmental advocacy groups about the adequacy of penalties for such violations, particularly given the potential ecological damage.
Key Facts
- Defendant: Clifford Tracy
- Location: Sucker Creek, Oregon
- Years of Activity: 2008-2009
- Violations: Illegal mining on National Forest System land, damaging Forest Service property, operating outside permitted timeframe, violating a restraining order.
- Charges: Violation of 16 U.S.C. §3; 36 CFR 261.10(p) and 36 CFR 228.4(a)(3)
- Sentence: 12 months probation, $25 special assessment, 12 days in jail for contempt of court.
GrimyTimes will continue to follow this case and investigate the broader issue of illegal mining operations impacting sensitive ecosystems across the Pacific Northwest. The lack of substantial penalties in this case underscores the need for stricter enforcement and more significant consequences for those who prioritize profit over environmental protection.
Source: EPA ECHO Enforcement Case Database
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