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Topic:
Water and Arsenic: which came first?

       

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 By Michael Miller

12/02/2010  2:43PM

Toxicologist Edward Calabrese finds that what does not kill you can make you stronger.

"All things are poison and nothing is without poison. It is the dose that makes a thing a poison," declared the wandering Renaissance physician-surgeon Paracelsus. University of Massachusetts toxicologist Edward Calabrese has a possible amendment to Paracelsus' dictum: Low doses of poisons may be good for you.

Calabrese speculates that evolution has given our bodies and cells the ability to repair them. Low exposures to toxins stimulate these biological repair mechanisms and lead them to fix the damage caused by the toxin—and even to repair some of the normal background damage as well. In other words, exposure to low levels of toxins provides "a very modest overcompensation to a little damage.". Hormesis is an effect where a toxic substance acts like a stimulant in small doses.

There is even a forthcoming study that shows that exposure to low levels of arsenic protects against cancer. Calabrese’s arguments are more than just a scientific curiosity. They have political relevance as well. Modern toxicology has generally assumed that there is no safe dose for carcinogens. The regulations based on this belief assume a linear dose/response relationship for toxins—that is, if a lot of something is bad for you, even a little bit is bad for you.

This faith in a linear dose/response relationship has been codified in various federal regulations such as those promulgated by the EPA. The result has been a relentless and costly effort to reduce our exposure to even the smallest quantities of allegedly toxic molecules in the hopes of reducing rates of cancer and birth defects.
"The real significance of the hormetic model in the conflict over threshold versus linear response models is of course that if hormesis could be unequivocally demonstrated as universal then it would establish a bona fide threshold for carcinogenic effects," writes Calabrese in the journal Mutation Research. "This would immediately discredit the many uses of linearity models to estimate cancer risk." In other words, it would mean that federal regulations are wasting lots of money trying to solve a non-existent problem—and even stifling possible positive effects.

Calabrese believes that is time for the EPA and Food and Drug Administration (FDA) to commission the National Academy of Sciences (NAS) and/or the Institute of Medicine to evaluate hormesis and its application to regulatory science. If the NAS agrees that hormesis is a universal effect, incorporating it into EPA and FDA standards would improve how cancer risk assessment is done and reduce the costs of regulation.

Who knows? Perhaps one day you'll be popping an arsenic pill to ward off skin cancer.
 By Rick

12/02/2010  12:24PM

This is no joke. At 11am today NASA announced the discovery of a bacterium (from Mono Lake) that doesn't use phosphorous to support a DNA chain...instead, it uses ARSENIC to replicate.

Please reference:

Released by Dwayne Brown, NASA Headquarters at dwayne.c.brown@nasa.gov and by Cathy Weseby, Amse Research Center, Moffett Field at cathy.welesby@nasa.gov

"NASA Funded Research Discovers Life Built With Toxic Chemical"


Dec. 02, 2010

Dwayne Brown
Headquarters, Washington
202-358-1726
dwayne.c.brown@nasa.gov

Cathy Weselby
Ames Research Center, Moffett Field, Calif.
650-604-2791
cathy.weselby@nasa.gov


RELEASE: 10-320

NASA-FUNDED RESEARCH DISCOVERS LIFE BUILT WITH TOXIC CHEMICAL

WASHINGTON -- NASA-funded astrobiology research has changed the
fundamental knowledge about what comprises all known life on Earth.

Researchers conducting tests in the harsh environment of Mono Lake in
California have discovered the first known microorganism on Earth
able to thrive and reproduce using the toxic chemical arsenic. The
microorganism substitutes arsenic for phosphorus in its cell
components.

"The definition of life has just expanded," said Ed Weiler, NASA's
associate administrator for the Science Mission Directorate at the
agency's Headquarters in Washington. "As we pursue our efforts to
seek signs of life in the solar system, we have to think more
broadly, more diversely and consider life as we do not know it."

This finding of an alternative biochemistry makeup will alter biology
textbooks and expand the scope of the search for life beyond Earth.
The research is published in this week's edition of Science Express.

Carbon, hydrogen, nitrogen, oxygen, phosphorus and sulfur are the six
basic building blocks of all known forms of life on Earth. Phosphorus
is part of the chemical backbone of DNA and RNA, the structures that
carry genetic instructions for life, and is considered an essential
element for all living cells.

Phosphorus is a central component of the energy-carrying molecule in
all cells (adenosine triphosphate) and also the phospholipids that
form all cell membranes. Arsenic, which is chemically similar to
phosphorus, is poisonous for most life on Earth. Arsenic disrupts
metabolic pathways because chemically it behaves similarly to
phosphate.

"We know that some microbes can breathe arsenic, but what we've found
is a microbe doing something new -- building parts of itself out of
arsenic," said Felisa Wolfe-Simon, a NASA astrobiology research
fellow in residence at the U.S. Geological Survey in Menlo Park,
Calif., and the research team's lead scientist. "If something here on
Earth can do something so unexpected, what else can life do that we
haven't seen yet?"

The newly discovered microbe, strain GFAJ-1, is a member of a common
group of bacteria, the Gammaproteobacteria. In the laboratory, the
researchers successfully grew microbes from the lake on a diet that
was very lean on phosphorus, but included generous helpings of
arsenic. When researchers removed the phosphorus and replaced it with
arsenic the microbes continued to grow. Subsequent analyses indicated
that the arsenic was being used to produce the building blocks of new
GFAJ-1 cells.

The key issue the researchers investigated was when the microbe was
grown on arsenic did the arsenic actually became incorporated into
the organisms' vital biochemical machinery, such as DNA, proteins and
the cell membranes. A variety of sophisticated laboratory techniques
were used to determine where the arsenic was incorporated.

The team chose to explore Mono Lake because of its unusual chemistry,
especially its high salinity, high alkalinity, and high levels of
arsenic. This chemistry is in part a result of Mono Lake's isolation
from its sources of fresh water for 50 years.

The results of this study will inform ongoing research in many areas,
including the study of Earth's evolution, organic chemistry,
biogeochemical cycles, disease mitigation and Earth system research.
These findings also will open up new frontiers in microbiology and
other areas of research.

"The idea of alternative biochemistries for life is common in science
fiction," said Carl Pilcher, director of the NASA Astrobiology
Institute at the agency's Ames Research Center in Moffett Field,
Calif. "Until now a life form using arsenic as a building block was
only theoretical, but now we know such life exists in Mono Lake."

The research team included scientists from the U.S. Geological Survey,
Arizona State University in Tempe, Ariz., Lawrence Livermore National
Laboratory in Livermore, Calif., Duquesne University in Pittsburgh
and the Stanford Synchrotron Radiation Lightsource in Menlo Park.

NASA's Astrobiology Program in Washington contributed funding for the
research through its Exobiology and Evolutionary Biology program and
the NASA Astrobiology Institute. NASA's Astrobiology Program supports
research into the origin, evolution, distribution and future of life
on Earth.

For more information about the finding and a complete list of
researchers, visit:

http://astrobiology.nasa.gov

-end-
 By Rick

11/20/2010  7:59PM

History for public employees began the day they were born. Somehow, they have absolutely no concept of where nor when they became dependent upon the producers.

Sadly, history is also lost to the fools that continue to vote the above-mentioned slugs into office.

I'll substitute a bunch of explanations and words into this:

Get off our backs, in the name of the Constitution of the United Staes. And when you don't get off our backs, we will defend it.
 By bluejay

11/20/2010  3:26PM

Yes Mike, you are correct.

The part I like best is "we're here representing the people of California." Bob Chapman says attorneys in government today were just "C" students in law school. Concerning judges Bob basically said, he never met so many folks in a professional sector before that were so hooked on drugs and alcohol. Does anyone know if state attorneys and judges are required to take drug tests?

It doesn't take a brain to see what is really going on here with Vendetta II against shareholders: too many State employees sucking off the system with nothing to do while charging struggling companies and State residents for their inflated salaries and supported puffed-up pension plans.

During the Dot.com bubble when State revenues significantly increased they all gave themselves big raises. How about reducing them now, boys? Did you public servants ever hear the State is in big financial trouble? Don't the State employees read the papers? How about the Central Water Board, don't they know we don't run the mill anymore? How could anyone be so stupid and think that someone wouldn't notice it?

The State needs to be publicly exposed for their tyranny against its own citizens. TrueTV will be contacted next week to see if Jesse Ventura wants to do a story on the conspiracy to bankrupt the owners of the Original Sixteen to One Mine, Inc.

I was in Quebec last month talking to some miners who couldn't believe what the Water Board and State attorney's office were up to with the mine. The most prevalent comment was, don't they know where their revenues come from? Quebec is the most friendly area in the world for mining. Agnico Eagle, the premier mining company has, at least, three of its mines producing gold in the province. Agnico is very environmentally minded as they have proven by cleaning up one of their neighbors past producing mine sites adjacent to their Goldex mine by the city of Val D'Or.

Quebec subsidizes its mines and gives tax credits to those investing capital in the companies. All the miners I conversed with laughed out loud when they heard the State had attempted in vain to put the president and our mine manager in jail for an unfortunate mining accident. Some even jerked their arms up abruptly forward and spoke loudly in French.

Mahatma Gandhi (1869-1948) remarked on outrageous tyrants. He said first they ignore you. Then they laugh at you. Third they then fight you. And fourth, then and only then can you defeat them.(quoted from Martin Arnstrong's article - The Rising Frustration With The Debt Crisis - November 11, 2010)

Sounds much like how the Water Board has treated Mike over the years, don't you think?
 By Michael Miller

11/20/2010  11:27AM

“The entire ocean life is just loaded with a series of contaminants, most of which have been released by human beings” says Roger Payne, biologist with Ocean Alliance and reported by Arthur Max, Associated Press writer. The study analyzed cells from sperm whales. The report noted high levels of cadmium, aluminum, chromium, lead, silver, mercury and titanium. Payne makes a fairly tight argument that these contaminants are “the single greatest health threat that has ever faced the human species.”

Further research was urged to the whaling commission. If Mr. Payne’s recommendation is to locate and mitigate the introduction of the mineral pollutants, hooray. If all that is wanted is more research of the sea life, boo. Anyone claiming that these mineral elements or chemicals could be “horrific for both whales and man” must place his energy directly to containment of the pollutant and not more research.

I’m not critical of the report or its important discoveries, yet it brings to mind some current misguided demands of people regarding arsenic in the Sierra Nevada Mountains. Of note in the newspaper article is the absence of finding arsenic as a serious contaminate. Normal levels are arsenic have beneficial effects of life. To all interested in the environment: please embrace HORMESIS as an important part of scientific research. Dosage and duration belong in all serious discussions. Grow up and embrace the true scientific approach to complex environmental issues. Precious money continues to be wasted on ideas with little or no benefits. Our venerable company is under attack.

The water permitting blunders committed by carelessness, ignorance or on purpose, (however great the mistakes made), cannot be so great as it would be not to recognize that someone has been in error; however ugly they may be, mistakes become elements in development for future business. The lawsuit filed against Original Sixteen to One Mine for the benefit of the people of California is a mistake. Please write the water agency, your elected representatives or people that will help settle the issue. Blunders were made.
 By Michael Miller

11/18/2010  11:01AM

The following dialog between California’s Deputy Attorney General and a witness in defense of charges alleged by the People of the State of California (filed in Sierra County Superior Court) who was duly sworn to tell the truth, the whole truth and nothing but the truth. The deposition was taken in Sacramento on October 20, 2010.

Question by Deputy Attorney General: Are you presently affiliated in any way with Original Sixteen to One Mine, Incorporated?

I am. I am one of over a thousand shareholders of the company. In 2001, I’d been following the mine’s web site and I saw that they were having problems with the Water Board. And so I requested from the mine office, I said I’ve got some time, I was between projects, I would like them to send me copies of all their water monitoring and a copy of the order sent to the mine.

I read the discharge order. I was shocked. It had so many inconsistencies and so many things that were absolutely not true. If you had read this discharge order you would have thought that the mine was killing fish in the creek. They (water agency staff) had said that the mine discharge represented 30 percent of the water flow into Kanaka Creek. The water flow is minuscule compared to Kanaka Creek.

I reviewed all of their (the company) documents. They all showed one thing, that the flow coming from the mine, both summer and winter, is less than 3 percent, not 30 percent of the creek.

The staff intimated that the creek was no longer suitable for recreational use in that report. If there is any creek in this watershed that I would like to drink water out of, it’s Kanaka Creek. It’s not a degraded creek.

The biggest problem with water that is totally lacking arsenic is it’s going to be probably very high in E. Coli. The EPA studies came out of Taiwan and Bangladesh, but the studies in Bangladesh showed that wells that were absent of arsenic had tremendous bacterial and E.coli problems.

Arsenic is an interesting compound. It’s in water, it’s in the air, it’s in the dirt, it’s in the plants, plants take it up. We’ve evolved with it, and there’s a certain level of arsenic that we probably need to survive.

There’s something called hormesis, and almost all the scientific community knows about it, and that’s what can be toxic at high doses, can be beneficial at low doses. Throughout medicine it’s true with almost any medicine, low dose is beneficial and a high dose a fatal. A low dose of chlorine is beneficial, a high dose is fatal. A low dose, you know, of oxygen is okay. A real high dose can be fatal. The same with water.

They do know what a high dose or arsenic is. Sixty thousand parts per billion is fatal. We used to have a level of 50 parts per billion from 1940 to 2006. The discharge 300 feet down the stream has always met this. I think it represents a purifying factor. They do graze cattle throughout the forest. You get E. coli; you get bad stuff growing.

All of a sudden you come down this remote mountain stream and you get a little shot of arsenic that ultimately gets diluted by the time it hits the Yuba. It’s a beneficial affect to any hiker. The discharge is beneficial to that creek. That creek is vibrant, alive, and the water there that’s coming from the mine comes from up above.

What bother me about it was here there was obviously some hostility between the staff and Mike Miller. It really bothered me that this report was going to the Board, so I got heavily involved, I did a lot of research. I just think that it’s sad that the 35 different regulatory agencies are all coming down on this little guy, because they’ll sink him and we’ll loose it. He’s closed that mill down, and by closing that mill down he’s cut the arsenic release level in half.

Question by Deputy Attorney General: What was it that led you to believe there was this obvious hostility?

By reading the tenor of what the staff were submitting to the Board. They were submitting something that didn’t represent anything that, that they showed any – to me the data was misinterpreted and misrepresented to the Board. And I thought why. The mill hasn’t operated since ’98, and my whole reason for being involved in this is: I think it’s the last really representative thing of our historical past in the state of California. It’s the last deep hard rock mine operating.

Question by Deputy Attorney General: The reports or the information that you described the staff as having submitted to the Board that contained inaccurate statements?

Right. The staff misinterpreted what was actually happening when you looked at the data that the mine had sent to the staff. I sent to the Regional Water Quality Control Board on February 17th of 2002, requesting to be heard at the hearing that they had set up for the Sixteen to One Mine. When they were running the mill almost full time, the discharge from the 21 Tunnel at that time average 1,058 parts per billion, so that the milling operation was a significant contributor to the arsenic in Kanaka Creek.

Question by Deputy Attorney General: Was that the main reason why you wanted me to take a look at those (data brought to the deposition)?

Yeah. It just shows that he’s done everything in his power financially to mitigate what he can.

Question by Deputy Attorney General: Have you ever been employed by Original Sixteen to One Mine, Incorporated in the sense that you were being paid for working for them?

Just the reverse. I volunteered and I’ve also given them money to help them keep operating. I initially gave them $50,000 that they couldn’t repay, and so I converted it to stock. I gave them $25,000 to help them pay their electric bill and other outstanding obligations, and that’s still outstanding.


My Comments To Each of You Readers:

These charges of wrong doing stem from a government staff that failed to exercise its duty to evaluate specific sites in California that may require a waste discharge permit. The language of the regulations and the specific situations present at the Sixteen to One mine fail to meet the requirements for permitting a discharge. What can anyone do when faced with a non-responsive agency?
 By gary jeffres

08/08/2010  3:25AM

I wonder how politically correct the state is.
Under prop 65 you must post warnings of hazardus chemicals on bussineses.
Now the state charges fees to use state campgrounds in some areas.
This would make these campground a state run business.
But i have yet to see a prop 65 warning sign at any state campground.
From years ago when i played at uranium prospecting i can tell you that i got higher then normal alpha and beta radiation reading at campgrounds and after talking to people that worked in the field of radioactive materials i was told that thorium from Coleman lantern mantels was the cause.
And thorium oxide is listed on the state prop 65 list.
 By Rick

07/27/2010  8:09PM

Mike, and everyone....

Mike's question, "Does a letter to an elected government worker..." (now, that's an oxymoron, my words here) "...get more attention than a letter or an email?"

This is easily answered!

They don't read.

They won't and don't , because they hire "staff" paid by us to throw our letters in the trash. Hired by our dime to take our letters in the trash to be sent down to the other trash-bin by a government union employee, next to be picked up by a gov'ment union employee, on and on, all headed toward unfunded pensions, on and on.... (pension fraud, another topic for another day, none too late.)

....and look how completely side-tracked the premise of this topic can/will be co-opted by all the sink-hole crap of endentured servitude.

Please return to the previous entry written by Mike (below). He is bringing to light the heinous disregard for a truly important hand-written letter. Read it! Pass it forward.

These A-holes not only need to be removed in November, but also held responsible, criminally responsible, for the negligence to their oath of office and their complete disregard for the Constitution.

I implore you all to write a comment on this forum, and more, and take action in November to get these leaches off of our backs, out of our lives, and finally out of further encroachment into it all. We need to hear from each other.
 By Dave I.

07/23/2010  8:09PM

The assembly person, and State senator, will help only the environmentalist as their record will prove. They are the Socialist Sierra Club representatives and if you expect any thing else from them, you will not get it.
They are from my district, and they are both control freaks. I thought it would be a good idea to have a recall petition for Noreen Evans and State Senator Wiggins. They were the two that authored the dredging moratorium law. Neither of them are friends to free enterprise and mining. They are the cancer that is killing this state using environmental causes to dismantle our rights and freedom. One good thing is that Senator Wiggins is not seeking reelection. Noreen Evans is running for her Senate District.
These past months law enforcement has been busy trying to increase revenue to the state with arrest and and fines from people to pay for their services. When government money is tight, this is one way to earn money to prevent lay offs for the police and the state regulators. This is a problem for courts as it leads to conflict of interest for the arresting officers. May be not, as the judges, too get paid by the tax payer. So the conflict of interest extends even to our court system.
 By Michael Miller

07/23/2010  12:52PM

Dear Readers,

Does a letter to an elected government worker get more attention than a phone call or e-mail? Apparently not. I checked with the author of the following letter to California politicians to learn what response he had. He answered, “none”. I am not convinced that our country in a downward spiral that cannot be turned around. I am convinced that voices and letters and publicity impact governmental behavior. I am convinced that a successful gold mining operation at the Sixteen to mine will ignite our economy. The argument and evidence are overwhelming. Small business needs support or at the least governmental neutrality.

Will you get involved and become a progressive advocate? Write, call and email people in government, radio, television and other media. Introduce them to the concepts of Stephen’s letter. Musicians, actors or public personalities, bankers, lawyers or Indian chiefs, your children or parents may find the gold in California worthwhile to pursue and the plight of an historic venerable gold company unjust.

You know my positions: yes to adding to the GDP; yes to blue collar jobs that create more wealth than the wages it takes to do the work; yes to domestic productivity; and yes to responsible natural resource extraction. You are needed to impact the false negative rhetoric. Share your letters with others on the Internet.


Ms. Patricia A. Wiggins
2nd Senate District
50 D Street
Suite 120A
Santa Rosa, Calif. 95404
June 3, 2010
Dear Mrs. Wiggins,

I wish to report incompetence at the Central Valley Regional Water Quality Control Board. I will appreciate it if you and your other Senate members direct my complaints to the body that oversees the agency.

I am a shareholder and past director of the Original Sixteen to One Mine, Inc. with office and basically, an inactive gold mine in Alleghany California. The Central Valley Water Board, along with other complaint to follow has been hostile and disrespectful to our Company’s president, Mr. Michael Miller at various Water Board meetings. The board has made it their mantra to financially destroy our company by burdening it with unwarranted legal expenses when we should be spending our limited funds in conducting our business activities.

I am a past broker dealer/member of the Pacific Stock Exchange that conducted my business on the trading floor in San Francisco and was a member of two oversight committees.

The Board’s position is that the company is not performing some 1440 water tests annually. These water tests were required when the mine was milling ore and discharging treated water into Kanaka Creek. In 1988 the mill was shut down and to this day, has not operated. The Water Boards, after being advised that treated water is no longer being discharged into the creek, continued to require the 1440 tests. Is this inappropriate or what? There are many employees at the Central Water Board and you would believe someone would understand this and significantly reduce the required water testing.

Another on-going complaint by the Central Water Board is that the company is responsible for increasing arsenic content in Kanaka Creek. Nothing could be further from the TRUTH.

I am an environmentalist. I do not use chemicals of any kind at my residence nor do I support their use and especially introducing them into any water source, or any lake, or any ocean. While I was director of the Sixteen to One Mine we had a few water experts work on eliminating any form of the naturally occurring arsenic in the draining water from the mine portal when the rainy seasons were present. This was accomplished by letting the runoff escape over iron shavings. The arsenic was contained in the shavings, thus the water runoff did not carry any form of arsenic in Kanaka Creek. The matter of arsenic escaping from the present rocks in the creek is beyond the control of the company. Arsenic is a naturally occurring substance in nature. Even with some small amounts of arsenic already present in the entire running length of Kanaka Creek there have been no signs of it affecting any aquatic life. Even the fish that are caught and consumed in Kanaka Creek have never posed a problem for that folks that eat them.

If the Water Board employees want to earn their salaries then they should concentrate their efforts on the filthy Sacramento River. It is beyond me why they go up into the mountains where practically no one lives and start throwing their weight around where problems don’t exist. Are they looking for easy prey with limited resources to defend themselves to substantiate their existence? If this if true, following an intense investigation, then they should all be relived of their duties and prosecuted by the Attorney General.

What is most shocking concerning the Water Board’s attitude is that the arsenic content of the water in Kanaka Creek where it first starts running over our property until its final exit shows no increase in the content of arsenic. What does this suggest?

At one Water Board meeting Mr. Jason Burke, a California State licensed mining engineer, made presentations along with the aid of graphs. In the following meeting the Water Board distorted what Mr. Burke had testified to a presented. What’s this all about?

I have been advised that the Water Board salaries are directly related to the Board’s sole income in the form of fines and penalties only. Thus the question presents itself, are fines and penalties being accessed against publicly owned companies at the expense of the shareholders just to pay the Water Board salaries when, in fact, this public agency may be grossly over-staffed, as most are, with nothing to do? Oh I forgot, why don’t they clean up the Sacramento River with all the spare time they have?

My family is being financially damaged by the inappropriate and shameful (criminal) actions of the Central Water Board when, in fact, supposedly representing me as one of California residents. I have been advised by a family ex-prosecutor that I have enough information for an action against the State, either as an individual or as a member of a shareholder’s group.

This is a serious matter of abuse of power that the State entrusted to the Central Water Board. I would appreciate being advised in you are interested in pursuing this matter?

Sincerely,
Stephen C. Wilson
666 Ellis Court
Sebastopol, California 95472

Cc: Patricia A Wiggins, State Senator
Mark Leno, State Senator
Noreen Evens, State Assembly
Jared Huffman, State Assembly
Wesley Chesbro, State Assembly
Michael Miller, President Sixteen to One Mine, Inc.
 By Rick

05/10/2010  6:19PM

Very important letter below, which needs to stay on top of this Forum page.
 By Michael Miller

05/08/2010  2:09PM

California Regional Water Quality Control Board
Central Valley Region Sacramento, CA


Please process and take notice of the most recent water tests performed by Original Sixteen to One Mine, Inc, hereafter called (“the company”). A copy of the laboratory report is attached to this notice. Additional comments about the relevance of the water testing data are included.

The status of the company permit remains unclear. The company has performed what was asked by the water agency in submitting its application and paid the fee under protest. Is a permit in place or pending? If pending, what is holding its process? Other than fees are the requirement unchanged? The company ceased milling ore in 1998 thereby eliminating the use of water for processing ore. It has repeatedly written the agency annually informing the agency of the change in operation. The water agency continues to ignore the company’s request to modify testing requirements.

The company undertook the lab/ testing action in April once again to demonstrate that the effects of surface water seeping through its property has no deleterious effects on plants, animals, aquatic insects or people. This belief is substantiated according to the results by Basic Laboratory on April 27, 2010.

There were seven sample locations identified by numbers one through seven. The locations are:
1. Above the 21 Tunnel
2. Below the 21 Tunnel
3. At the 21 Tunnel
4. Happy Jack portal
5. Kanaka Creek at Hour House dam site
6. Above the 21 Tunnel
7. At the 21 Tunnel

Please incorporate the following observations into your evaluation of the impact that the company’s properties have on water related concerns. The company demands a fair review by responsible parties in your agency with adjustments to settle the contentious lawsuit initiated against it.
1. Samples one and six came from the same distance above the 21 Tunnel. One was near the left bank of Kanaka Creek and six was near the center of Kanaka Creek. The results vary by almost 300%.
2. Sample three and seven were taken from the same location but about fifteen minutes apart. They vary by almost 2%.
3. Sample four is from a discharge about six hundred feet above Kanaka Creek. It is higher than the arbitrary limit, but the water agency ignores this discharge because Sierra County is responsible for leaking toxic substances onto the company property.
4. Sample five is about seven miles downstream from the company. It is below the arbitrary limit set by governments.
5. Sample two is about four hundred feet upstream from where Kanaka Creek exits the company’s property. It is below the arbitrary limit used by the water agency for enforcement.

The results prove that there is no negative evidence to support a theory that surface water and arsenic passing over or under the company’s property is a nuisance, detrimental to the health and well being of anything alive or dead. Both above and below the 21 Tunnel arsenic is present below the arbitrary limit. The Hour House test site also has arsenic below the arbitrary limit. Once again the company asks your staff to reconsider its onerous position about alleged toxic discharges contaminating Kanaka Creek that are directly related to the company’s operation in Sierra County. There is no evidence to support this claim.

Testing for elemental arsenic has proven to be an inexact science. Measuring in parts per billion has proven to return different numbers from samples gathered at the same source. Also it is clear that Cranmer Engineering, the only local laboratory conducting water tests, was not a reliable lab. It no longer will process tests for arsenic that are demanded by government agents. Basic Laboratory appears to have a higher level of performance. Even though this may be true, results for the same water sample sites have varied.

A greater concern of the company is how laboratories prepare the water for analysis. Artificial chemicals are added to the samples that do not exist in Kanaka Creek or anywhere in the Sierra Nevada Mountain watershed. The laboratories inject caustic acids into the sample that dissolve non-harmful arsenic into potentially harmful arsenic. The whole method of testing for arsenic has no value for determining a natural element that occurs throughout the earth and its potential for concern.

The company awaits your reply.
Michael M. Miller, president
May 8, 2010
 By Rick

04/09/2010  8:10PM

Nobody, more than Mike Miller, sir, has more in his vision, for all of us, to go mining.

The caltrops of jack-books intent upon destroying private sector discovery...that is where you and anyone else who doesn't yet hear the Constitution trashed, need to focus.

Dave I, and I know we both mean well for our passions, but how in the world do you expect this to happen in the face of an assault by a public sector with a mandate to shut us up and silence our passions?

Jack-Boots, best met with a fierce, solid, smart, informed and motivated posture, not a submission.
 By Dave I.

04/09/2010  3:11PM

Yes I do agree. Look forward to hearing you win your case, you need to get back to mining sir, our country needs your resource, the labor and economic development your resource will provide.
 By Michael Miller

04/09/2010  11:12AM

Answer to question below: No, there is no cease or desist order issued by the water agency. The actions of the water agency in the treatment of the Sixteen to One mine has no parallels with other mines that operated in northern California. The movers behind this lawsuit are the ones who should be given a cease and desist order.
 By Dave I.

04/07/2010  10:50PM

Hi Michael Miller.

Are you on an order to "cease and desist mining" until this is resolved?
If so I recommend that you should reference the 1872 mining law, as a granted right, per the 9th Amendment of the United States Constitution. That State water quality controls can not deny your right to mine.
 By Michael Miller

04/07/2010  4:57PM

Superior Court Sierra County
Case Management Hearing
Attending by phone: Klaus Kolb for Original Sixteen to One Mine and Deputy Attorney General Jeffrey Reusch for the People of the State of California
Attending in person: Michael M. Miller as named defendant

Prepared statement of Michael M. Miller:
Your Honor,

I am disappointed that the California Regional Water Quality Control Board has not responded to the settlement proposal offered by Mr. Kolb and me. It was submitted in good faith with deep consideration for the plaintiffs’ stated duty to act for the public’s benefit. I expected more. My deposition was taken on March 2, 2010. I recently received notice that it is available for review. I will review it within the next ten days in Sacramento. At the deposition the deputy AG pointed out that a response from the water agency might be a slow process. I expected there would be some positive movement towards settlement as the water agency and its lawyers became more familiar with the facts leading up to its claim for damages.

Nevertheless, without plaintiff’s, interest to settle, it becomes prudent and necessary for defendants to begin discovery. I began drafting a request for admissions and interrogations to serve on the water agency. I am confident that when the management of the water agency, including the appointed control board members, realizes their exposure to serious wrongful behavior by the water agency, the judicial situation will change. It remains my hope and desire to reach agreement without burdening this court with a trial.

To this end I pledge to aggressively use the tools of the judicial system to the fullest. These are serious and threatening charges against the Sixteen to One mine and me personally. I do not know how the water agency or the attorney’s office will respond to my discovery. We will find out, however, this month as the process begins. Therefore I ask for time to prepare my discovery and obtain the answers.

I believe that the approach of the defendants to today’s hearing is the right approach. The requests by the water agency have been met with an open willingness to cooperate. . I will continue with the same respect and attitude during discovery. To this point, the prosecuting deputy AG has shown his willingness to cooperate and give us time to gather the requested information. I do not yet know the intent of his client as I attempt to understand the lawfulness of its case.

RESULTS:

Water folks said “no go” to settlement and it plans to seek a summary judgment. Blames the state legislature for passing a law without deviation. Says it has no other options. Case continued to June.
 By bluejay

04/02/2010  4:40PM

The following article appears to be addressing serious concerns regarding the extraction of coal. Maybe the Water Board members need to get involved with the EPA to get an education of what real water damage is all about.

The EPA says that coal miners buried waste in streams. Maybe we ought to turn the State in to the EPA for dumping their rock waste in, I beleve, the South Yuba in which Mike told me about in past years, totally upsetting Mother Nature's work.






EPA: New mining policy would protect water quality
(AP)
Updated: 2010-04-02 14:35
Counter:181


The Obama administration has set tighter water quality standards for surface coal mining permits across Appalachia in a move that could curtail mountaintop removal mining.


U.S. Environmental Protection Agency Administrator Lisa Jackson said Thursday the EPA hopes the policy will clarify the water permitting process for Appalachian mountaintop removal mining - a highly efficient method that environmental groups claim is too damaging.


The agency also released two reports discussing the damage to watersheds by the mining practice.


EPA says burying streams with mine wastes increases salt levels in waterways downstream, hurting fish and other aquatic life.


Luke Popovich of the National Mining Association says the policy will cost a lot of jobs.
 By bluejay

04/01/2010  4:02PM

What goes around, comes around.

States shed government jobs as revenue plummets
By CHRISTOPHER S. RUGABER

WASHINGTON — Pennsylvania, Michigan and Washington shed government jobs last month, a result of shrinking state tax revenue that economists fear could weaken the recovery.

State and local government jobs have traditionally provided a haven during economic downturns. But as states have struggled to close growing budget gaps, job cuts have spread.

That trend emerges from data on a dozen states that have released their employment figures in advance of a federal report Friday on state joblessness for February.

In Michigan, where the unemployment rate is 14.1 percent, the nation’s highest, government jobs at all levels fell by 5,000. They accounted for one-third of the state’s job losses.

Pennsylvania lost 2,200 government jobs. Minnesota lost 1,900 and Massachusetts 1,500.

Washington state shed 900 government jobs in February. And Wisconsin lost 2,100 government jobs, including 1,600 at the local level.
 By wlkirk

03/27/2010  9:15AM

Rick, I regret that you are right.

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