Backyard Mining in Whitehorse
The City of Whitehorse is the Yukon’s capital, home to approximately 35,000 people with more population growth, residential and industrial development expected. In the past few decades, there has been a rising concern surrounding mining operations conflicting with local property owners.
About 3/4 of the Whitehorse area has been removed from the Yukon’s free-entry mineral staking process (Read the Yukon Order-In-Council document). This means no new claims can be staked in the withdrawn area.
However, many claims staked prior to the removal process have been grandfathered in, meaning claims can exist in areas where current and future staking is not permitted. Neither the City of Whitehorse (CoW) or the Yukon Government (YG) have the power to revoke existent claims. Claims made upwards of a century ago do not expire as long as they are kept in good standing by the owner. Claims can only be cancelled if the claim owner surrenders them/ fails to pay the claim renewal fee regularly.
The remaining 1/4 of the Whitehorse area is still open to staking; existing claims are there and new ones can be made.
So, why is this portion still open? These remaining areas within municipal boundaries are also part of the Whitehorse Copper Belt and have the best mineral potential. Information via YG on how to stake a placer claim and a quartz claim.
The Whitehorse & Mining Claims Map that we have prepared shows all these areas in question. All these potential mining operations (mainly hard rock copper mines) are governed by the current quartz mining legislation.
Almost every Whitehorse subdivision on the west side of the Alaska Highway is adjacent or close to existing mining claims. The following maps show how close private properties and mining claims are. There is also overlap here and there with First Nations settlement lands (Note: Maps show property lines and do not show where houses are located). Map: Laura Pothier Guerra.
The process of mineral development (takes on many forms and goes through many stages):
Basic exploration is easily accompanied by an automatic permit (sometimes referred to as Class 1) and doesn’t require a Yukon environmental assessment through YESAB. For activity within the CoW, a development permit is required, although it is a bit unclear when this is put into effect.
Advanced exploration undergoes YESAB assessment and often a water license through the Yukon Water Board. It requires a mining land use authorization (MLUA) through YG. YESAB can recommend against the exploration and the YWB can deny a license.
Construction of mine (becoming operational) requires a new environmental assessment through YESAB, a YWB license and YG authorization. At this stage, there is permission to dig a large pit or mine shaft which is also known as sub-surface disturbance.
Why is this important?
All of these stages create surface disturbances such as deforestation, erosion, noise, dust, air pollution, surface water and groundwater contamination (especially for folks with wells).
This in turn drives wildlife away, disrupts human recreational activities, and interferes with other human land uses (foraging, trapping etc). Mines require a lot of water in extraction and processing. Rain or snow melt that comes into contact with mining area risks contamination and must then be treated. After treatment, the discharged water ultimately flows into the Yukon River, home to imperilled salmon. This is the best-case scenario, assuming there are no accidental discharges of untreated water. Furthermore, there is always the risk of accidents.
View from Grey Mountain looking across southern Whitehorse towards the Mt Sima/Canyon Crescent subdivision area, and the old Whitehorse Copper mine site and its related tailings mounds. The dust is being blown off the tailings and towards residential areas. More of this could occur should future mining development occur in this area. Video: Joe De Graff.
What rules protect residents from mining in their backyards?
Property owners own the surface rights to their land but do not own sub-surface rights, which means that private property can be staked and mined.
Protections for property owners and other residents are few and far between. While it is difficult to completely prevent mining on residential land, property owners must be compensated for the impacts by mining companies.
Quartz mining legislation limits how close miners can operate to residential buildings but are not limited by property boundaries (miners cannot access land that is “occupied by any building, any land falling within the curtilage of any dwelling-house, and any land valuable for water-power purposes, or for the time being actually under cultivation” – Yukon Quartz Mining Act).
The CoW limitations on mining operations include: the hours a mining exploration project can operate within, noise levels, the authority to approve or deny a development permit, and potentially restrict mining due to zoning bylaws.
That is about it.
Note: Current claims exist in areas mainly zoned for future planning, greenbelt, and quarries. ‘Greenbelt’ means wild bush or existing forested areas, not designated parkland.
Now let us take a closer look at the mining claims existing in different residential areas.
The Mt McIntyre cross-country ski trails (and single-track bicycle routes) to the west of Copper Ridge are all overlain by mining claims. Future residential development could occur on the large Kwanlin Dün First Nations owned land as well, immediately adjacent to some mining claims.
Cowley Creek has been in the media recently due to the activities of Gladiator Metals breaking the conditions of their permit in several ways. Note that the activities happened outside the CoW limits but very close to private property within CoW limits.
Media coverage:
Crestview at the north end of Whitehorse is the current limit of staked land within Whitehorse. However, note that the Kulan industrial area is overlain by active mining claims. Should these claims ever be developed, there would be a conflict between the surface owners (includes land developers) and sub-surface or mineral owners (mining companies).
The Canyon Crescent and Mount Sima Subdivision area could potentially be impacted by new mining operations. In a worst-case scenario, the result could end up looking like the Whitehorse Copper mine tailings area which is in the centre of the mapped area.
This area known as Raven's Ridge was initially outside city limits, in a region called the copper belt. Over the decades it became included within the municipal boundaries. Within the mapped area, claims overlap with McIntyre Creek and Southern Lakes caribou herd range. The area is used by many other species like bears and lynx. Mining in the area would certainly fragment the wildlife corridor running through the CoW. Additionally, recreation would be impacted (Mount Mac Ski trails, and associated mountain bike and hiking trails).
Media Coverage:
The clash between surface property rights (land developer company) and sub-surface mineral rights (mining company; and their related surface access) hit headlines and was raised in the Yukon Supreme Court in 2017.
The court ruling seemed to have been in favour of the miners, with the exception of paying out for any damage, but mining development has yet to go forward.
While it would appear the sub-surface mineral rights won, the emphasis on following zoning bylaws, regulations and legislation in regards to mining in and near private property does provide some comfort for those near mining operations.
Oddly enough, Whitehorse Copper (despite its name) is probably the furthest from valid mining claims out of all mining companies & their corresponding affected subdivisions. However, should mineral exploration and/or development proceed, areas where residents recreate would be severely impacted.
What could the New Mineral Legislation (NML) include to improve residential protections against backyard mining?
All claimable areas within municipal boundaries should be withdrawn from future staking. Grandfathered claims should also be withdrawn.
In reference to the Cowley Creek situation, a 1 km or wider buffer zone should be created from private property lines. This would protect all properties within city limits from mining.
This would offer the added benefit of providing well connected and protected wildlife corridors through the Whitehorse area.
When will decisions be made as to whether these mining operations move forward?
Many of these sites have undergone historical exploration and mining in the mid 1900s. Now, most mining companies are doing low intensity surface exploration (Class 1; did not need an environmental assessment through YESAB) on sites outside and within city limits informed by historical activity (following old leads).
Surface exploration can take around 5 years.
Companies wishing to go forward with more intense surface exploration within city limits (Class 2 or higher) will require the CoW to issue a development permit (unfortunately, these are easy to attain and would appear to not involve public consultation). The Class 2 or higher, both outside and within city limits, also required YESAB assessment (an opportunity for the public to express opinions).
Getting started on a full-fledged, fully-operational, pit-digging mine could take 5 to 10 years.
What can residents do to stay in the loop and speak out?
We want residents to feel informed and empowered to fight for protections in their backyard wild spaces.
When these exploration projects enter the YESAB assessment and YWB licensing process, residents will be able to voice their concern or opposition towards these mining projects through the YESAB or YWB websites. If we’re lucky, there might also be public comment sessions held in person.
In the meantime, residents may contact Whitehorse City Council (Mayor Cabott and six councillors) to ask questions and share their concerns over large-scale resource extraction in the wilderness city. Email: mayor&council@whitehorse.ca.
For any questions or comments pertaining to this article, please contact Lewis Rifkind at mining@yukonconservation.ca.
Maps by: Laura Pothier Guerra - Conservation Intern 🦌
