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Oregon Bulletin

January 1, 2014

Department of State Lands, Chapter 141

Rule Caption: Amend the General Authorization for Recreational Placer Mining to Partially Implement SB 838 (2013)

Adm. Order No.: DSL 4-2013

Filed with Sec. of State: 12-13-2013

Certified to be Effective: 1-1-14

Notice Publication Date: 10-1-2013

Rules Amended: 141-089-0640, 141-089-0645, 141-089-0820, 141-089-0825, 141-089-0830, 141-089-0835

Subject: SB 838 (2013 Or Laws, c. 783, section 5(2)), passed by the 2013 Oregon Legislature, pertains to motorized mining and the state’s Removal-Fill Law.

   The legislation requires new restrictions for motorized mining in waters of the state. The restrictions include a minimum 500-foot distance between motorized dredge operations, motorized mining operating hours between 9 a.m. and 5 p.m., and a prohibition against leaving motorized equipment unattended in the waterway. The restrictions do not apply to any mining for which an operating permit has been issued under ORS 517.702 to 517.989.

   The new legislation also puts a limit of 850 on the number of authorizations and permits issued by the Department at any time for the 2014 and 2015 operating seasons. The bill states that the Department shall give priority, to the greatest extent practicable, to those persons who held permits or authorizations for the longest period of time before January 1, 2014.

   The operating restrictions and limit on the number of permits and authorizations apply to any river and tributaries thereof, of which any portion contains essential indigenous anadromous salmonid habitat (ESH), or naturally reproducing populations of bull trout. A map depicting these areas will be posted on the Department Web site at www.statelandsonline.us.

   Authorizations for the 2014 and 2015 operating seasons will require a revision to the Department of State Lands’ General Authorization for Recreational Placer Mining within Essential Salmonid Habitat (OAR 141-089-0820 through -0835). Rule revisions include the new operating restrictions and the method by which the Department will implement the limit on the number of authorizations and permits.

Rules Coordinator: Tiana Teeters—(503) 986-5239

141-089-0640

Pre-Construction Notification

Except as provided in OAR 141-089-0820 to 141-089-0835:

(1) Project Notification Required. A complete project notification must be submitted to the Department at least 30 calendar days before starting the project. A complete notification is one that contains all the information required on the form provided by the Department and all required attachments.

(2) Review of the Notification. Within 30 calendar days of receipt, the Department will review the notification for completeness and eligibility, make one of the following determinations and notify the responsible party that:

(a) The notification is complete and the project is eligible under the GA;

(b) The notification is incomplete and the person must supply certain specified missing, inaccurate or insufficient information. The person may amend and resubmit the notification within 120 calendar days of the notice for reconsideration, unless instructed by the Department to do otherwise. Submission of an amended notification starts a new 30-day review period; or

(c) The project is ineligible for certain specified reasons. The person may then either revise the project and submit for reconsideration within 120 days of the notification or apply for an individual permit under OAR 141-085. Submission of an amended notification commences a new 30-day review period.

(3) Timeframe for Resubmittal of Incomplete or Ineligible Notifications. If a revised notification or application is not resubmitted within 120 calendar days of an incompleteness or ineligible determination, the Department will presume that the responsible party does not intend to provide revisions to the notification and may administratively close the file. If the Department closes the file under these circumstances, the Department will retain the application fee. If the Department receives a subsequent notification or application for the same or similar project after a file has been closed, the responsible party must pay any applicable fees for the new notification at time of submission.

(4) Project Implementation. The person submitting the notification may begin the project:

(a) Immediately upon receipt of a determination by the Department under OAR 141-089-0640(2)(a) that the project is eligible; or

(b) Thirty (30) calendar days after Department received the notification, unless the Department issued a determination under OAR 141-089-0640(2)(b) or (c).

Stat. Auth.: ORS 196.600 - 196.692, 196.795 - 196.990

Stats. Implemented: ORS 196.600 - 196.692, 196.795 - 196.990

Hist.: DSL 2-2011, f. & cert. ef. 3-1-11; DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12; DSL 4-2013, f. 12-13-13, cert. ef. 1-1-14

141-089-0645

Expiration of Project Eligibility

Except as provided in OAR 141-089-0820 to 141-089-0835:

(1) A notification confirmed as eligible under a GA will be valid for three years or until the project is complete, whichever occurs first; and

(2) Requests for renewals or extensions will not be granted.

Stat. Auth.: ORS 196.600 - 196.692, 196.795 - 196.990

Stats. Implemented: ORS 196.600 - 196.692, 196.795 - 196.990

Hist.: DSL 2-2011, f. & cert. ef. 3-1-11; DSL 4-2013, f. 12-13-13, cert. ef. 1-1-14

141-089-0820

Purpose

(1) These rules set forth conditions under which a person may, without an individual removal-fill permit from the Department, fill, remove and move material in waters of this state for the purpose of recreational placer mining within areas designated as Essential Indigenous Anadromous Salmonid Habitat (ESH) that is not designated as State Scenic Waterway (SSW).

(2) These rules also establish how the Department will limit the number of authorizations issued under OAR 141-089-0820 to 141-089-0830 and the number of permits issued for motorized placer mining under OAR chapter 141, division 85, to a total of 850 authorizations and permits as required by 2013 OR Laws, c. 783, s. 5(4).

Stat. Auth.: ORS 196.600 - 196.692, 196.795 - 196.990

Stats. Implemented: ORS 196.600 - 196.692, 196.795 - 196.990

Hist.: DSL 2-2011, f. & cert. ef. 3-1-11; DSL 4-2013, f. 12-13-13, cert. ef. 1-1-14

141-089-0825

Eligibility Requirements

(1) Purpose. The activity is for the specific purpose of recreational placer mining.

(2) Limited Number. Notwithstanding OAR 141-089-0640, the Department shall limit the total number of authorizations and permits for motorized mining in any river and tributary thereof, of which any portion contains ESH or naturally reproducing populations of bull trout, to 850 annually using the following process:

(a) For eligible notifications that are received between January 1 and February 28 of each year, priority will be given to persons who have held a general authorization for recreational placer mining or an individual permit for motorized placer mining from the Department of State Lands, or a 700PM permit from the Department of Environmental Quality, for the longest period of time between 2006 and 2013. The Department will assign one point for each year a person has held an authorization or permit from either agency between 2006 and 2013, for a possible total of up to eight points.

(b) The persons that receive the highest number of points will receive authorizations or permits. If there are more persons that have the same number of points compared to the number of permits or authorizations available, permits or authorizations will be awarded through random selection.

(c) If fewer than 850 eligible notifications are received between January 1 and February 28, and there is a balance of permits or authorizations to distribute, priority will be given according to date of notification.

(d) Individual permit applications for motorized placer mining received between January 1 and February 28, will be included in the process described in (a) through (b) above, and those received after February 28, will be included in the process described in (c) above.

(e) The Department will notify persons of the issuance or denial of an authorization by April 30 of each year. The notice is served when deposited in the United States Mail. Individual permit applications for motorized placer mining will be processed using standard procedures, including timelines, except as provided in (a) above.

(3) Threshold. The activity will remove, fill or move cumulatively less than twenty-five (25) cubic yards of material annually from or within the bed and banks of streams that are designated as ESH.

(4) Expiration of Recreational Placer Mining Authorizations. Authorizations issued under the Recreational Placer Mining GA expire on December 31 of each year.

(5) Renewal. Renewal of the authorization will require submission of a completed Recreational Placer Mining Report for the previous year to the Department by February 28.

(6) Transfer of Authorization is not Allowed. An authorization cannot be transferred to another person.

Stat. Auth.: ORS 196.600 - 196.692, 196.795 - 196.990

Stats. Implemented: ORS 196.600 - 196.692, 196.795 - 196.990

Hist.: DSL 2-2011, f. & cert. ef. 3-1-11; DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12; DSL 4-2013, f. 12-13-13, cert. ef. 1-1-14

141-089-0830

Authorized Activities

Recreational Placer Mining in ESH. Recreational placer mining means to search or explore for samples of gold, silver or other precious metals by removing, filling or moving material from or within the bed of a stream, using non-motorized equipment or a motorized surface dredge having an intake nozzle with an inside diameter not exceeding four inches and a muffler meeting or exceeding factory-installed noise reduction standards, not to exceed 25 cubic yards annually.

Stat. Auth.: ORS 196.600 - 196.692, 196.795 - 196.990

Stats. Implemented: ORS 196.600 - 196.692, 196.795 - 196.990

Hist.: DSL 2-2011, f. & cert. ef. 3-1-11; DSL 4-2013, f. 12-13-13, cert. ef. 1-1-14

141-089-0835

Activity-Specific Conditions

Proposed projects eligible for this General Authorization must adhere to the general conditions in OAR 141-089-0650, unless otherwise specified in these rules. The following activity-specific conditions also apply:

(1) Prevent Fish Stranding. Upon completion of the activity at any given location, the responsible party must level all piles and fill all furrows, potholes and other depressions created by the activity. The activity is complete if the responsible party does not return to that location to conduct the activity within 24 hours.

(2) Wet Perimeter. The activity is confined to the wet perimeter. The wet perimeter is the area of the stream that is under water or is exposed as a non-vegetated, dry gravel-bar island surrounded on all sides by actively moving water at the time the activity occurs.

(3) Disturbance of the Bank and Riparian Vegetation. The activity must not disturb the bank. Undercutting or eroding banks and removal or disturbance of boulders, rooted vegetation or embedded woody material and other habitat structure from the bank is prohibited. Creation of new access routes that disturb or destroy woody riparian vegetation is not allowed.

(4) Fish Passage. The activity does not divert a waterway or obstruct fish passage.

(5) Minimization of Impounded Water. The activity may impound only the minimal area of water necessary to operate the dredge under the following conditions:

(a) The temporary dam does not extend across more than 75% of the wetted perimeter;

(b) The designs for the temporary dam are consistent with ODFW requirements set forth in ORS 509.580 through 509.901 and OAR 635-412-0005 through 635-412-0040;

(c) The impoundment structure is removed immediately upon completion of the mining activity. The activity is complete if the responsible party does not return to that location to conduct the activity within 24 hours.

(6) No Disturbance of Stream Structure. No movement of boulders, logs, stumps or other woody material from the bed is allowed, other than movement by hand and non-motorized equipment. The boulders and other stream structure must be returned to its original position upon completion of the mining activity. The activity is complete if the responsible party does not return to that location to conduct the activity within 24 hours.

(7) Dredge Intake Nozzle Limited. The suction dredge must have an intake nozzle that has an inside diameter not exceeding four inches.

(8) Refueling. All fuel and oil must be stored in an impermeable container and must be located at least 25 feet from the wet perimeter of the stream. For dredge locations where a 25 foot buffer is not possible, secondary containment is required.

(9) Location of Operation. The motorized dredge equipment must be operated at least 500 feet from other motorized dredge equipment, unless the Department of Environmental Quality determines that another distance is appropriate to protect water quality. This limitation does not apply if the mining is authorized by an operating permit issued under ORS 517.702 to 517.989.

(10) Motorized Equipment Must Be Attended. The motorized equipment may not be left unattended within the wetted perimeter of any waters of this state. A suction dredge is considered attended and may remain anchored in the water if it is moved close to the shore and the responsible party is present, nearby along the adjacent bank. This limitation does not apply if the mining is authorized by an operating permit issued under ORS 517.702 to 517.989.

(11) Hours of Operation. The motorized equipment may be operated only between the hours of 9 a.m. and 5 p.m. This limitation does not apply if the mining is authorized by an operating permit issued under ORS 517.702 to 517.989.

(12) Annual Report Required. The responsible party must maintain a monitoring log and record the date, location, nozzle diameter and amount of material disturbed for each day of operation. By February 28 of each year, the responsible party must submit to the Department an annual report, on a form provided by the Department, that states the estimated amount of material that was filled, removed or moved in each specific waterway during the preceding calendar year. If no jurisdictional activity was conducted, the report must be submitted reporting zero cubic yards for the year. Authorizations will not be renewed for the following calendar year if the annual report is not filed by February 28.

(13) Responsible Party Must be Present. Alternate persons may operate the suction dredge, provided the responsible party listed on the authorization is present at all times during suction dredge operation.

(14) Limited to One Suction Device. Only one suction dredge, one hose, and one nozzle may be operated at any given time under this authorization.

(15) Wheeled or Tracked Equipment not Allowed. Operation of motorized wheeled or tracked equipment, except for the suction dredge and life support systems, is prohibited below ordinary high water.

(16) Operation Limited to Locations Listed. The operation is limited to the locations listed on the authorization. Written requests to modify locations for this authorization will be reviewed within 14 days of the request, upon which time the Department may issue a revised authorization.

(17) Obstructions to Navigation and Recreation Prohibited. In no circumstance shall anchoring or operation of suction dredges interfere with navigation or cause a safety hazard to public recreation.

Stat. Auth.: ORS 196.600 - 196.692, 196.795 - 196.990

Stats. Implemented: ORS 196.600 - 196.692, 196.795 - 196.990

Hist.: DSL 2-2011, f. & cert. ef. 3-1-11; DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12; DSL 4-2013, f. 12-13-13, cert. ef. 1-1-14

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2013.

2.) Copyright Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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