The Surface Rights Board needs much more information in the case of a dispute between two placer miners and the Tr’ondek Hwech’in regarding the subdivision built on top of their mining claims.

Miners Michel Vincent and Michael Heydorf of Dawson City have applied to the board for an order forcing the First Nation to remove its subdivision and all infrastructure so they can mine their claims.

In an Aug. 31 letter to the miners, however, board chair Myles Thorp says the application is incomplete.

He said he needs more information before he can even present the application to the rest of the board for a decision on whether to accept it for review.

Thorp points out under the legislation, the applicants are required to list all parties and interests that may be affected by their request.

The applicants must also provide specific details regarding negotiations they have undertaken to resolve the dispute with the affected parties, says the letter.

Thorp also notes in a July 16 letter to Vincent and Heydorf from the First Nation’s lawyer, a copy of which is included in the miners’ application, the Tr’ondek Hwech’in point out other interested parties.

The letter from the lawyer to the miners says “your eight mining claims also overlap assets owned by the Government of Yukon, City of Dawson, Northwestel, Yukon Energy and local residents on Boutiller Road. I expect they would share the concerns of the Tr’ondek Hwech’in.”

In his request for more information, Thorp goes on to say: “It may be useful, therefore, to include in your application any information you have regarding these interests, as it would likely save time and effort in the consideration of your application.”

Thorp has asked Vincent and Heydorf to provide the additional information within 60 days from Aug. 31, or request an extension.

The chair of the Surface Rights Board also noted in his letter the dispute goes back to 2002, when both the miners and the First Nation filed applications to address their interests, but later decided not to proceed.

The area in question sits on the left side of the Klondike Highway heading into Dawson City, across from the ball parks.

The First Nation has spent millions of dollars building up the subdivision since 2001, and has plans to build more housing on the site.

Under provisions of the Umbrella Final Agreement (UFA), the template for negotiating the settlement of aboriginal land claims in the Yukon, First Nations were able to claim Category B settlement land overtop of existing mineral claims.

The UFA stipulates pre-existing rights to access and mine those claims would be upheld.

Category B settlement land provides the First Nation ownership of the surface only while Category A settlement land provides ownership of the surface and subsurface.

The Yukon Placer Mining Act does say where miners want to access claims beneath Category B lands, they must post adequate security to ensure those lands are returned to their original state. Adequate compensation must also be paid to the owners of the land, the act says.

The letter to the miners from Trondek Hwechin’s lawyer says if the miners pursue their claim, the First Nation will insist that adequate security and compensation be posted.

Liberal Leader and Klondike MLA Sandy Silver said this morning this is a case that needs to be addressed through compensation for the miners, as they do have a right to mine their claims.

It’s not likely realistic to see the subdivision removed, but that doesn’t mean the miners don’t have a right to be justly compensated, he suggested.

This is case, he insisted, where the Yukon Party government has failed to show any leadership in negotiating a resolution in its 14 years in office.

“This is another example, in my opinion, of a long-standing dispute the Yukon Party had known about but has done nothing about,” Silver said.

He said a territorial Liberal government would ensure a resolution is negotiated.

Issues like this must not be allowed to create division in a community that works together and plays together, he said.

Silver pointed out the Tr’ondek Hwech’in are actively involved in a major road improvement project with the placer mining community.

The territorial government needs to show leadership in resolving the matter, he said.

Energy, Mines and Resources Minister Scott Kent is out of the office and was unavailable to comment this morning, cabinet spokesman Michael Edwards told the Star.