UPDATE 03/04/2025: DNR has looked into what would happen if the mine wants to continue mining into the Goldstream PUA. Response is embedded below.
UPDATE 03/05/2025: The state is not currently managing the TVRR Trail as an RS2477 right-of-way. See more below.
Fans of the winter trails on the east side of Ballaine Road may have noticed that some trails, especially the eastern end of the Tanana Valley Railroad Trail, have been lost to the Goldstream Creek Mine.
I and other trail advocates have researched the situation, but options for protecting any of the trails are limited. The most significant and long-standing trail is the Tanana Valley Railroad Trail, so I’ll focus on that. Other trails in that area have less history and/or have changed course from year to year. If you’ve been on the trail with the old wooden bridge, that’s the railroad trail.
The first thing to note is that the mine is working on its own property. And it has room to keep working even farther to the west, so it’s likely more of the trail will be lost.
And while the railroad trail has existed in that area since the early 1900s, it does not have any outright legal protections. Even the Fairbanks Comprehensive Recreational Trails Plan does not recognize the trail on the mine’s property. I’ve added graphics here to illustrate the situation.
Even if that portion of the TVRR Trail was on the trails plan, that would not provide it with any protections in this instance. The plan provides protections only if the land is subdivided. The mine is working its land, not subdividing it.
A similar situation happened a few years ago to a portion of the railroad trail on the west side of Ballaine Road near Miller Hill Road. And that portion of the trail is on the trails plan. Someone bought a piece of property across which the trail runs. The trail had been open to public use, but the new owner – who planned to live on the property — decided he didn’t like people using the trail so close to his residence. He blocked the trail. No one – including the borough – was willing to fight to keep the trail open.
Fortunately, a neighbor allowed a reroute so that trail users were able to connect the trail and keep using it. Even better, just last year, the Interior Alaska Land Trust purchased the land from the newer owner and reopened the original trail for public use. You can read more about the IALT purchase (with links to the history of the trail closure) HERE.
Trail advocates who want to fight for the railroad trail being eaten by the mine have a couple of options. One is to ask the mine owners to allow it to continue to exist through the mine. That probably isn’t likely to happen, since they are trying to run a mine and having random people coming through the middle of it would be problematic.
Trails advocates could file a lawsuit, claiming the trail has a prescriptive easement or is an RS2477 trail. The case for the trail would probably be strong, but such a fight would almost assuredly be long and expensive with no guarantee of a win. It’s highly doubtful anyone will step up to do that, especially given that no one did that for the portion of same trail on the west side of Ballaine, even though that portion is more heavily used. (UPDATE 03/05/2025: I have received word from the state Department of Natural Resources that the state has researched the TVRR Trail in regard to it being an RS2477. The state has not made a determination either for or against. The ownership history is complicated. The state is not currently managing it as an RS2477 right-of-way.)
Eventually, the mine will run into state Department of Natural Resources land. Some DNR land in the Goldstream Valley has been protected as the Goldstream Public Use area. I’m trying to figure out which lands are included in that area and what protection that area has. (This PAGE has a legal description of the PUA, but I haven’t had time to compare that to a map.) And it’s important to note that I have no idea if the mine has any intentions of trying to extend its operations beyond its property.
The Goldstream PUA does allow for both mining and recreation as well as other things. I’m not sure how those two would balance out if the mine wanted to extend into the PUA. I’ve contacted DNR and it is looking into it. I will update this post as I learn more.
UPDATE 03/04/2025: AJ Wait at DNR looked into the issue. Here is information from his email.
The state land on the west end of the private land is part of the Goldstream Public Use Area (GPUA). There are a number of mining claims surrounding these patented federal mining claims, primarily to the north, south, and east. There is currently only one mining claim to the west underlying the old railbed.
The Goldstream Public Use Area legislation specifically requires the land remain open to mineral entry. AS 41.23.150(d) states “the commissioner shall permit the exploration, development, and extraction of subsurface resources in a manner that is compatible with the purposes specified in AS 41.23.140(1) – (2)”. 140(1) states that the GPUA is established to “protect, maintain, perpetuate, and enhance year-round general public recreation”; AS 41.23.150(c) speaks to allowing recreational activities including hiking, biking, skiing, and snowmachining (among others).
Any substantial mining activities on State land, would require authorization through the Annual Placer Mining Application process. During this process, DMLW would seek input from the public and work to minimize or mitigate impacts to other uses and users, including recreational activities and access.
So, if the mine decides it wants to try to continue into the Goldstream PUA, there will be opportunities for public input.
CONTINUATION OF MY ORIGINAL BLOG POST
The Fairbanks Snow Travelers has a good page on facts about the Goldstream PUA HERE (but you need access to the FST website.)
I am not opposed to mining. While I am a strong trails advocate, I also understand and respect the right of property owners to use their property however they want as long as its legal. I am saddened by the loss of part of the Tanana Valley Railroad Trail, but I am not angry at the mine owners. They are trying to run a business and provide jobs for local workers. And I assume the mine pays property taxes. So, while we are losing part of a nice trail, the mine is also providing a benefit to the community.
And another way of looking at it is that the mine has allowed trail users to use the TVRR trail for years while that area has not been mined. While some may view that the trail has a public right-of-way, I assume the mine would disagree. So, from that perspective, the mine has been generous.
And the trail on the north side of Goldstream Creek still exists on mine property and the mine owners have not blocked that. The east end of that trail has changed over the years. I’m not sure where it goes now. I was out there recently, but I haven’t had time to go all the way to the end.
I’ve enjoyed going all the way to the mine end (shorter and shorter) over the years. Are there parts that the Land Trust could help with?
If the Goldstream PUC allows mining, does that mean a company, or was it written for recreationalists, like panners?
Thanks Gail. I assume the IALT has looked into that, but I don’t know that the mine is interested in selling anything. The IALT has certainly saved a lot of other land (and trails) in the Goldstream Valley.
The law that allows mining in the Goldstream PUA doesn’t specify if it’s only recreational. In fact, it seems like it can be open to companies. Here’s the most relevant part:
(d) The Goldstream Public Use Area is open to mineral entry under AS 38.05.185 – 38.05.275, and the commissioner may adopt regulations to achieve the purposes specified in AS 41.23.140(1) – (2). Each valid existing right or permit remains valid and continues in full force and effect according to its terms. The commissioner shall permit the exploration, development, and extraction of subsurface resources in a manner that is compatible with the purposes specified in AS 41.23.140(1) – (2).