Christ statue and worship at Iron Mountain
GREAT PAST AND BRIGHT FUTURE OF IRON MOUNTAIN MINES!
T.W. Arman on the Brick Flat mine near the summit of Iron Mountain
Iron Oxyhydroxide Precipitates, Surface Area 21.5 - 69.6 m /g
Estimates are that Iron Mountain holds over 20 tons of cadmium and tellurium oxides, 100,000 tons or iron oxides, 20,000 tons of aluminum oxides, 10,000 tons of zinc oxides, 3000 tons of copper oxides, and 500 tons of arsenic as hazardous wastes.
ROD 1
VII. THE IRON MOUNTAIN MINES, INC. REMEDY
Among the remedial action alternatives that could be implemented by Iron Mountain Mines, Inc., the total mining of the source and sediments in the receiving waters (Alternative CA-10) is considered the only remedy for Iron Mountain Mines, Inc. which is capable of meeting project cleanup objectives and the full requirements of the clean water act (CWA). This alternative would effectively eliminate discharges from Iron Mountain Mines, Inc. and restore all tributaries to pristine condition. This alternative was based on total removal of all the sources of contamination and hauling and disposing of them at Iron Mountain Mines, Inc. This includes material from the following four areas:
a) Recycle approximately 3.5 million cubic yards of ore and waste rock and tailings piles along Boulder Creek and Slickrock Creek.
b) Recycle an estimated 200,000 cubic yards of contaminated bottom sediments in Slickrock Creek, Boulder Creek and Spring Creek, It was assumed that sediments in Slickrock Creek near the Brick Flat Pit area would be removed using conventional mining equipment. For sediment removed in the other receiving waters, hydraualic clearing was assumed.
c) Recycle approximately 620,000 cubic yards of contaminated bottom sediments in Spring Creek Reservoir.
d) Recycle about 14,000 cubic yards of tailings material in the Minnesota Flats Area.
The total cost of excavating and removing the source material and hauling it at Iron Mountain is estimated to be paid for by trust funds. The Brick Flat pit has plenty of room while Iron Mountain Mines, Inc. cleans up and recycles the sludge.
Iron Mountain Mines, Inc. will also recycle the sludge dredged from the Spring Creek Arm of the Keswick Reservoir at the Brick Flat Pit.
From the EPA RECORD OF DECISION
following is an excerpt from EPA correspondence with T.W. Arman:
"As I have stated previously, the agency favors investigation of resource recovery technologies that could potentially reduce the response costs associated with the releases from Iron Mountain. However, the agency must ensure that those activities do not interfere with the ongoing response action."
Rick Sugarek, Remedial Project Manager
cc.
Don Mandel, DTSC
Jim Pedri, RWQCB
Charles Stone , DTSC
This matter is before the Court to vindicate defendants from the guilt and infamy associated with the crime of pollution and natural resource damages resulting from an act of GOD
“President Clinton complained that “[f]or far too long, far too many Superfund dollars have been spent on lawyers and not nearly enough have been spent on clean-up.” The chair of the House subcommittee responsible for CERCLA proclaimed that “Superfund has been enormously costly, grossly inefficient, patently unfair, and short on results.” EPA Administrator Carol Browner acknowledged that “there is a need for major reform.” Judge Posner ridiculed “Superfund Cloudcuckooland.”
"poorunpitiedejected miserable povertie” *** Lord Coke
"To bereave a man of life, or by violence to confiscate his estate, without accusation or trial, would be so gross and notorious an act of despotism, as must at once convey the alarm of tyranny throughout the whole nation;" *** Alexander Hamilton
AFTER an unequivocal experience of the inefficiency of the subsisting federal government, you are called upon to deliberate on a alternative.
An enlightened zeal for the energy and efficiency of government will be stigmatized as the offspring of a temper fond of despotic power and hostile to the principles of liberty. An over-scrupulous jealousy of danger to the rights of the people, which is more commonly the fault of the head than of the heart, will be represented as mere pretense and artifice, the stale bait for popularity at the expense of the public good. It will be forgotten, on the one hand, that jealousy is the usual concomitant of love, and that the noble enthusiasm of liberty is apt to be infected with a spirit of narrow and illiberal distrust. On the other hand, it will be equally forgotten that the vigor of government is essential to the security of liberty; that, in the contemplation of a sound and well-informed judgment, their interest can never be separated; and that a dangerous ambition more often lurks behind the specious mask of zeal for the rights of the people than under the forbidden appearance of zeal for the firmness and efficiency of government. History will teach us that the former has been found a much more certain road to the introduction of despotism than the latter, and that of those men who have overturned the liberties of republics, the greatest number have begun their career by paying an obsequious court to the people; commencing demagogues, and ending tyrants. *** James Madison
... The Federalist Papers
LEGAL AUTHORITY
… “In the mining partnership those occurrences make no dissolution, but the others go on; and, in case a stranger has bought the interest of a member, the stranger takes the place of him who sold his interest, and cannot be excluded. If, death, insolvency, or sale were to close up vast mining enterprises, in which many persons and large interests participate, it would entail disastrous consequences. From the absence of this delectus personae in mining companies flows another result, distinguishing them from the common partnership, and that is a more limited authority in the individual member to bind the others to pecuniary liability. He cannot borrow money or execute notes or accept bills of exchange binding the partnership or its members, unless it is shown that he had authority; nor can a general superintendent or manager. They can only bind the partnership for such things as are necessary in the transaction of the particular business, and are usual in such business. Charles v. Eshleman, 5 Colo. 107; Shillman v. Lachman, 83 Am Dec. 96, and note; McConnell v. Denver , 35 Cal. 365; Jones v. Clark, 42 Cal. 181; Manville v. Parks, 7 Colo. 128, 2 Pac. 212; Congdon v. Olds, 18 Mont. 487, 46 Pac. 261. 29 S.E. 505. In fact, it is a rule that a nontrading partnership, as distinguished from a trading commercial firm, does not confer the same authority by implication on its members to bind the firm; as. e.g. a partnership to run a theater or other single enterprise only. Pease v. Cole, 53 Conn. 53, 22 Atl. 681; Deardorf's Adm'r v. Tacher, 78 Mo. 128; Smith, Merc. Law, 82; T Pars. Partn. § 85; Pooley v. Whitmore, 27 Am. Rep. 733.
A mining partnership is a nontrading partnership, and its members are limited to expenditures necessary and usual in the particular business. Bates, Partn. , § 329. Members of a mining partnership, holding the major portion of the property, have power to do what may be necessary and proper for carrying on the business, and control the work, in case all cannot agree, provided the exercise of such power is necessary and proper for carrying on the enterprise for the benefit of all concerned. Dougherty v. Creary, 89 Am. Dec. 116.
These principles settle much of this case. The demurrer was properly overruled, because there was a partnership, and equity only has jurisdiction to settle partnership accounts. 5 Am. & Eng. Dec. Eq. 74; 17 Am. & Eng. Enc. Law, 1273. * * * Justice Brannon
In Dalliba v. Riggs, 7 Ida. 779, 82 Pac. 107, it was laid down that while a court of equity can appoint a receiver to perfect and preserve mining property, it “ has no authority to place its receiver in charge of such property and operate the same, carrying on a general mining business, and while it turns out to be at a loss, as is likely to be the result in such cases, charge the same up as a preferred claim and lien against the property, to the prejudice and loss of the holders of prior recorded liens on the same property” (82 Pac. At pp. 108-109). In that case the receiver appeared to have carried on the mining operations without any order of court directing him to do so and with reckless extravagance, and in addition was shown not only not to have kept accurate accounts but also to have made in the account filed “many charges against the estate where no charge whatever should have been made and none in fact existed.” The court accordingly denied the receiver any allowance for his own time or services and any allowance for attorney's fees.
Government and settling parties cannot receive better treatment than these.
By 1986 when the EPA terminated the lawful private operation of the mining property, its' own published research indicated that the best way to recover metal contaminated waters was by solvent extraction, but it made sludge instead. The owner demands to proceed with extraction as the best available and only lawful technologies.
Detinue Sur Bailment should be granted immediately, and the EPA statutory lien released.
“A patent to land, issued by the United States under authority of law, is the highest evidence of title, something upon which its holder can rely for peace and security in his possession. It is conclusive evidence of title against the United States and all the world. ..” 2 The American Law of Mining, § 1.29 at 357. Nichols v. Rysavy, (S.D. 1985) 610 F. Supp. 1245.
"Congress has the sole power to declare the dignity and effect of titles emanating from the United States … and [Congress] [D]eclares the patent the superior and conclusive evidence of legal title." Langdon v. Sherwood, 124 U.S. 74 (1888).
The “general rule” at least is, “that while property may be regulated to a certain extent, if regulation goes too far it will be recognized as a taking.” [Pennsylvania Coal Co. v. Mahon , 260 U.S. 393, 415, 67 L. Ed. 322, 43 S. Ct. 158 (1922).]
“A valid and subsisting location of mineral lands, made and kept in accordance with the provisions of the statutes of the United States , has the effect of a grant by the United States of the right of present and exclusive possession of the lands located.”
U.S. Supreme Court, 1884
"With the title passes away all authority or control of the executive department over the land and over the title which it has conveyed. It would be as reasonable to hold that any private owner who has conveyed it to another can, of his own volition, recall, cancel or annul the instrument which he has made and delivered. If fraud, mistake, error, or wrong has been done, the courts of justice present the only remedy. These courts are as open to the United States to sue for the cancellation of the deed or reconveyance of the land as to individuals, and if the government is the party injured this is the proper course”.
Moore v. Robbins, 96 U.S. 530, 533, 24 L. Ed. 848.
"That whenever the question in any court, state or federal, is whether a title to land which has once been the property of the United States has passed, that question must be resolved by the laws of the United States; but that whenever, according to those laws, the title shall have passed, then that property, like all other property in the state, is subject to state legislation, so far as that legislation is consistent with the admission that the title passed and vested according to the laws of the United States”.
Wilcox v. McConnell, 13 Pet. ( U.S. ) 498, 517, 10 L. Ed. 264.
“Title by patent from the United States to a tract of ground, theretofore public, prima facie carries ownership of all beneath the surface, and possession under such patent of the surface is presumptively possession of all beneath the surface.
Lawson v. United States Min. Co. 207 U.S. 1, 8, 28 Sup. Ct. 15, 17, 52, L. Ed. 65.
CONSTITUTIONALITY
"The Government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation if the laws furnish no remedy for the violation of a vested legal right." Marbury v. Madison 1803
FREEHOLD
These lands are called “Freehold” land because the enjoyers or their ancestors were soldiers and helped the President to conquer; and if any of latter years came to buy these freeholds with money got by trading, it doth not alter the title of the conquest; for evidences are made in the Presidents name, to remove the freeholds bought from one man's hand to another.
Artesian Mineral Development & Consolidated Sludge, Inc.& Iron Mountain Mines, Inc.:
insitu remediation summary & history of copper cementation and bioleaching
Cementation of copper began with the discovery of copper and the beginning of copper mining at Iron Mountain around 1896. By 1908 the State Geologist reported that the operation was so extensive that a building was being constructed over and around it.
In 1919 copper prices crashed and the mine closed, in 1920 fish kills were reported.
In 1921 copper cementation resumed and was thereafter operated continuously until the EPA implemented their High Density Sludge water treatment.
After WWII Iron Mountain mines produced sulfur and iron for fertilizers until 1963.
Iron Mountain has 20,000,000 tonnes proven and 5,000,000 tonnes probable ore reserves.
The naturally occurring archaea living in the Richmond mine are reported to be capable of producing the most acidic natural mine waters on the planet, pH -3.6.
Iron Mountain Mines, Inc. bioleaching naturally produces about 8 tons of metals per day.
One of the earliest records in the west of the practice of leaching is from the island of Cyprus. Galen, a naturalist and physician reported in AD 166 the operation of in situ leaching of copper. Surface water was allowed to percolate through the permeable rock, and was collected in amphorae. In the process of percolation through the rock, copper minerals dissolved so that the concentration of copper sulphate in solution was high. The solution was allowed to evaporate until copper sulphate crystallized. Pliny (23-79 AD) reported that a similar practice for the extraction of copper in the form of copper sulphate was widely practiced in Spain.
Prior to the invention of electrolysis, the only practical method for the recovery of copper from copper sulphate was by cementation, a process that derives its name from the Spanish word cementacion, meaning precipitation. The cementation of copper was known in Pliny’s time, but no written record of its commercial application seems to have survived. The cementation of copper was known to the Chinese, as documented by the Chinese king Lui-An (177-122 BC), and the Chinese implemented the commercial production of copper from copper sulphate using a cementation process in the tenth century. The Chiangshan cementation plant started operation in 1096 with an annual production of 190 tonnes per year of copper. In the Middle Ages, the alchemist Paracelsus (AD 1493-1541) described the cementation of copper as an example of the transmutation of Mars (iron) into Venus (copper).
Proposal for Essential Products Administration.
Proposal for Cooperative Operating Engineers.
Proposal for Contractor Development Administration.
The Water Board's story. When it rains, it pours.
University of California Davis Professor Ting Guo discovers Iron nano-catalysts (Fe-Al-Ni) catalyst for Fischer-Tropsch reaction.
OEM partners are invited to join Iron Mountain laboratories!
AMD&CSI and IMMI propose to develop 137 units of safe and affordable fire and earthquake resistant housing.
AMD&CSI and Iron Mountain Mines, Inc. announce emergency plan to remove hazardous wastes including cadmium from the environment.
EPCRA 313, The Community Right to Know Act. Why cadmium?
AMD&CSI and IMMI propose to build "Bridge to Future" from hazardous waste.
United States project to eliminate carbon emissions, convert transportation to solar electric and hydrogen fuel cell, Iron Mountain Mines, Inc. proposes to supply catalysts and materials.
AMD&CSI and IMMI warn everybody about dangers of cadmium in the human body. Proposal to build solar panels from cadmium until resource and waste is disposed of and accounted for.
http://www.atsdr.cdc.gov/csem/cadmium/
http://www.canoshweb.org/odp/html/cadmium.htm
http://www.osha.gov/SLTC/cadmium/index.html
http://www.atsdr.cdc.gov/toxprofiles/tp5.html
Cadmium is bio-accumulative, and cadmium is found at Iron Mountain Mines.
Essential Solutions, Inc. to construct state-of-the-art fertilizer plant to help farmers feed the world with nutrients and minerals from Iron Mountain Mines. (manufacturer of Ag-Gel, www.ag-gel.com)
AMD&CSI and IMMI propose to recycle all copper, zinc, and cadmium waste in California.
Iron Mountain Mines has a current stockpile of mine waste precipitates with over 100,000 tons of iron oxy-hydroxides. We also have significant quantities of aluminum, zinc, magnesium, copper, silver, cobalt, manganese, titanium, and vanadium.
Iron Mountain Mines announces plans for a Research Institute for the study of mine biology. Iron Mountain is already the most studied habitat of mine flora on the planet, thanks to the work of researchers led by Dr. Jill Banfield, professor of biology at the University of California, Berkeley.
"Our plans for bioremediation and biomining require a thorough understanding of the microbes that inhabit the ore and we intend to provide the researchers here with the best facilities in the world" says T.W. Arman, President of Iron Mountain Mines, Inc., "we want to provide facilities where this research can be for the benefit of everybody, not just for some mining company, so this facility will be an academic facility were the researchers are free to pursue their studies " Mr. Arman told the students and Dr. Banfield.
"This is really exciting" said Professor Banfield," We are now in our second generation of scientists at U.C. Berkeley studying the micro-organisms at Iron Mountain, this research facility will allow us to take our research that much further".
Picture of Iron Mountain Mine lime treatment plant at Minnesota Flats. (Courtesy of the EPA "Superfund at 25, CLEAN LAND" celebration, the EPA claims to have spent over $200 Million of the "billion dollar settlement" of private contribution to the clean-up at Iron Mountain Mines, Inc.)
The cleanup and maintenance of the Iron Mountain Mine Superfund site is funded entirely by private funds contributed through a consent decree settlement in December, 2000.
No public resources or tax dollars are required to pay for the Operations and Maintenance of the EPA Superfund Site at Iron Mountain Mines
Future Vision
T.W. Arman and Iron Mountain Mines, Inc.(IMMI) have entered into a joint venture with Artesian Mineral Development & Consolidated Sludge, Inc.(AMD&CSI) to develop the metal and mineral resources of the Acid Mine Drainage (AMD) and the High Density Sludge (HDS) produced by the AMD treatment using bioremediation (biomining).
Iron Mountain Mines, Inc.was formed in 1976 when T.W. Arman purchased Iron Mountain Mine from Stauffer Chemical Co. There are 36 patented mining claims on approximately 4400 acres zoned for mining. Iron Mountain was the 10th largest copper mine in the world and the largest in California.
It seems somewhat ironic to me that the EPA is touting how they are “ Resolving Disputes Outside of Court” and “ Protecting the "Little Guy"” proclaiming the benefits of de micromis and de minimis settlements and apparently claiming that their dealings with Iron Mountain Mines is a good example of this.
Once again I respectfully submit that I am entitled to an innocent land owner defense.
T.W. (Ted) Arman
T.W. Arman is Chairman, CEO, and President of Iron Mountain Mines, Inc. and its' single stockholder.
Since 1976, T.W. Arman and Iron Mountain Mines, Inc., and their trusts, have owned 2772 acres and mining claims on Iron Mountain, located in the City of Redding, Shasta County, California.
The proposed statue and the IMMI development plan original immi insitu mining proposal.pdf with comments from the EPA review. #54056 (the 50th entry) of the EPA administrative record, 1986 Record of Decision, ROD 1
US Bureau of Mines insitu mining report 1981
Darrel Kirk Nordstrom dissertation 1977.pdf
consent decree with statement of work and insurance policies.pdf FOIA request
."Eritis insuperabiles, si fueritis inseparabiles. Explosum est illud diverbium: Divide, & impera, cum radix & vertex imperii in obedientium consensus rata sunt." [You would be insuperable if you were inseparable. This proverb, Divide and rule, has been rejected, since the root and the summit of authority are confirmed by the consent of the subjects.
Iron Mountain Mines, Inc. President, CEO, ted@ironmountainmine.com
T.W. (Ted) Arman served in the Air Force during World War II as a instrument flying instructor (Staff Sergeant, non-commissioned officer) the instrument flying program that allowed our pilots to fly at night and in bad weather, a strategic military advantage many believe was decisive in establishing our air supremacy and the safety of our airmen and therefore was an important contribution to victory and the end of the war.
After the war, Ted developed the 10 hour instrument flying instruction course that was accepted by the Dept. of Aeronautics, (now FAA) and still required training for all private pilots. Ted founded the Westchester Institute of Aeronautics (Westchester County, NY); of the 400 students trained before the GI bill expired, 25 went on to become commercial airline pilots.
FUNCTIONAL EQUIVALENCY STANDARD
§ 706. Scope of review
To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall—
(1) compel agency action unlawfully withheld or unreasonably delayed; and
(2) hold unlawful and set aside agency action, findings, and conclusions found to be—
(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
(B) contrary to constitutional right, power, privilege, or immunity;
(C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right;
(D) without observance of procedure required by law;
(E) unsupported by substantial evidence in a case subject to sections 556 and 557 of this title or otherwise reviewed on the record of an agency hearing provided by statute; or
(F) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court.
In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.
False claims of protection and preservation.
Differing court interpretations of a statute "is evidence that the statute is ambiguous and unclear." U.S. v. Iron Mountain Mines, Inc., 812 F. Supp. 1528, 1557 (E.D. Cal. 1993).
(The court refused to extend the recoupment doctrine to action under the Comprehensive Environmental Response, Compensantion and Liability Act for purposes of establishing a waiver of sovereign immunity for mine owners' counter-claim.). United States v. Iron Mountain Mines , 881 F. Supp. 1432, 1445 (E.D. Cal. 1995) (citing opinions in which courts held that the United States did not waive immunity for purposes of regulatory acts under CERCLA, and rejecting those opinions).Claims that the United States was contributorily negligent, caused harm at the site, or assumed the risk of harm at the site have been stricken as, in reality, alleging third party defenses that are not within the terms of §107(b). United States v. Kramer, but see United States v. Iron Mountain Mines, Inc., 881 F.Supp. 1432 (ED Cal 1995) (declining to follow cases holding that EPA has immunity for regulatory or remedial acts under CERCLA and suggesting defendant has good claim in contribution if government fits within the four categories of liable parties.)
The court of appeals agreed with a district court decision that arranger liability should not apply to "a party who never owned or possessed, and never had any authority to control or duty to dispose of, the hazardous materials at issue." Id. at 22a (quoting United States v. Iron Mountain Mines, Inc., 881 F. Supp. 1432, 1451 (E.D. Cal. 1995)).
The Acushnet River burden of proof allocation was ignored by the District Court for the Eastern District of California in United States v. Iron Mountain Mines, Inc., even though the court cited Acushnet River as positive authority. In Iron Mountain Mines, permits existed for some but not all of the metal mining waste. The court held that evidence of 'the mere existence' of non-permitted releases 'is sufficient to suggest that non- permitted releases contributed to the harm.
Clearly, these decisions establish two divergent bases for proving liability. According to Acushnet River, and to some extent Bunker Hill, a plaintiff must prove not only the existence of the non-permitted releases, but also that the releases contributed to the harm. According to Iron Mountain Mines, on the other hand, a plaintiff need only show the 'mere existence' of the non-permitted releases; that alone is sufficient to suggest contribution. Notably, none of these decisions explains the difference, suggested by the Acushnet River court, between contribution to harm and causation of harm.
©2009 Artesian Mineral Development & Consolidated Sludge, Inc.
3576 Terrace Way, Suite A, Lafayette, Ca. 94549 Telephone (925) 878-9167