1999 Edition Placer Mining In The State Of Oregon

Transcription

1 10 February Edition Placer Mining In The State Of Oregon A Guide To Recreational And Small-Scale Placer Mining In Oregon s Waterways: What You Should Know Before You Begin Oregon Division Of State Lands Preface This brochure has been prepared by the Oregon Division of State Lands in cooperation with the U.S. Forest Service and the U.S. Bureau of Land Management. It is available in a printed format as well as on the Division of State Lands website. If you would like to have printed copies, or want to suggest changes for future editions, please contact: Introduction Oregon Division of State Lands 775 Summer Street, N.E. Suite #100 Salem, Oregon Telephone: (503) FAX: (503) website: Are you a recreational prospector or small scale miner? Do you want to pan, sluice, or dredge for gold or other metals in or along Oregon s streams? Do you want to prospect for, or mine a placer deposit? Are you confused about which government agencies you must contact to undertake these activities? If so, this brochure will tell you what you need to do before you look for, or mine placer deposits in Oregon in a question and answer format. This brochure identifies the federal, state and local government agencies that can provide you with helpful information, and explains what permits or other forms of authorization you may need to obtain prior to beginning your prospecting or mining activity. It also

2 2 provides information about how to contact these agencies, and in many instances, their website addresses. As you will learn from this brochure, the permits or other forms of authorization you will need depend on the location, size, and type of exploration or mining activity you plan to undertake. Therefore, it is important that you know where you want to go before you being the application process. The purpose of this brochure is to answer the questions most often asked by recreational prospectors and small-scale miners. If you are a commercial mining company, or intend to explore for or mine placer deposits in Oregon for commercial purposes, you may need to be aware of other legal requirements and obtain additional permits. What Is Placer Mining? Placer mining is the extraction of minerals from placer deposits which generally consist of unconsolidated sand and gravel. Among the minerals which can occur in placer deposits are gold, platinum, ilmenite, rutile, zircon and cassiterite. Placer deposits most commonly occur in the bed and banks of waterways and on ocean beaches. However, sometimes placer deposits are also found on dry land where rivers or streams at one time flowed. Placer deposits vary greatly in size. Consequently, so also can the size of a placer mining operation. In Oregon, placer mining is most often a recreational pursuit and is conducted using a gold pan, sluice box, or small motorized suction dredge. Commercial mining operations, on the other hand, may use large equipment such as bulldozers, draglines, conveyor systems, and/or floating bucket dredges. Can I Keep What I Find? If you obtain the required authorizations and follow the procedures described in this brochure, you may keep any gold or other minerals that you find. Although the U.S. Government no longer buys gold directly from individuals, you may be able to sell what you find to precious metal dealers or artisans. The current price for gold and other metals is published in the financial sections of many newspapers. Is There Anywhere I Can t Explore For Or Mine Placer Deposits? A number of areas in Oregon are closed to placer mineral exploration or mining. Some of these areas are permanently closed while others may only be temporarily off limits. To ensure that you do not explore for or mine placer deposits in areas which are not open, it is important that you contact the appropriate public land management agencies discussed in this brochure.

3 3 In Oregon, you cannot explore for, or mine placer deposits: Within the boundaries of national parks, national monuments, or other areas managed or administered by the National Park Service. Within the boundaries of any property owned or administered by the Oregon Parks and Recreation Department (without the prior approval or a permit from the agency). On Indian reservation trust land (without the permission of tribal authorities). Within areas withdrawn from entry under federal mining laws. Until further notice, as of June 1998, portions of the Rogue, Illinois, and Elk Rivers, as well as of the North Fork of the Smith River are closed to mineral entry except for federal mining claim holders working within valid claims under approved Plans of Operations. For further information on these and other closures, consult with the U.S. Forest Service and the U.S. Bureau of Land Management. Within areas that are closed as the result of litigation. Until further notice, as of November 1998, suction dredge mining previously authorized under a Department of Environmental Quality 700-J Permit is no longer allowed on streams that are water quality limited for temperature. This closure affects portions of Lake Creek, Columbia Slough, and the Blue and McKenzie Rivers. For further information on these and other closures, consult with the Oregon Department of Environmental Quality. What Should I Do Before Prospecting Or Mining? Before you begin any panning, dredging, sluicing, or mining activity, you must first determine who owns the land you would like to prospect. After you do this, ask the owner whether you may be on their land. If you are interested in exploring for placer minerals on private land, go directly to the owner of record. If state land, contact the Division of State Lands or other state agency listed in this brochure which manages the land. If federal land, go to the Bureau of Land Management or Forest Service. If you are sure that you can legally be on the land, then obtain the necessary permits or other forms of permission listed in this brochure. Once you have taken these steps, you may proceed. Good luck! Federal Agencies

4 4 U.S. Army Corps Of Engineers Regulatory Branch Telephone: (503) S.W. First Avenue FAX: (503) P.O. Box Portland, Oregon If you plan to operate or mine in any waters of the state, and your activity involves placement of material in the waterway or wetlands for temporary dams, impoundments, or other similar works to control water, you may need a Clean Water Act Section 404 Permit. Activities that have very minor impacts can be authorized with a Nationwide Permit. Larger projects that have more than minimal impacts require an individual permit. Call the Corps to obtain information on its permitting program or to receive information about operating with minimal impacts. Processing Time: Nationwide Permit 30 days Individual Permit days Cost: Nationwide Permit None Individual Permit.. $10 for non-commercial operation; $100 for commercial operation Authority: Nationwide Permit. 33 CFR 300, Appendix A, November 1991 Individual permit 33 CFR , November 1986 U.S. Bureau Of Alcohol, Tobacco & Firearms 9828 East Burnside Street, Room 210 Telephone: (503) Portland, Oregon FAX: (503) You must obtain an Explosives User s Permit if you purchase explosives from outside of Oregon for use in Oregon, or if you bring explosives into Oregon from another state. All explosives must be stored in a magazine that is constructed according to federal regulations (27 CFR, Part 55) and meets minimum distances from inhabited buildings, public roads, and railroads. You are subject to these storage requirements even if you purchase your explosives locally and are not required to obtain a permit.

5 5 Processing Time: 45 days Cost: $100 Authority:.. 18 CFR, Chapter CFR, Part 55 U.S. Bureau Of Land Management Oregon State Office Telephone: (503) S.W. Fifth Avenue FAX: (503) P.O. Box Portland, Oregon You should check with the Bureau of Land Management (BLM) before exploring or mining on land administered by the agency. Casual Use You do not need to notify the BLM if: Your prospecting or mining activity will cause only negligible disturbances to the land; does not use of explosives; and/or does not involve the use of motorized vehicles in areas designated as closed to off-road vehicles. Less Than 5 Acres You must file a written notice or send a letter to the BLM district office if: Your proposed activity will disturb 5 acres or less during any calendar year. Your notice or letter must clearly describe the operation; include a detailed map; and be sent at lease 15 calendar day before starting your operation. The BLM district office will contact you prior to the end of the 15-day period if it requires additional information. If you do not hear from the BLM within the 15-day period, you may proceed with your proposed activity. Over 5 Acres You must submit a detailed Plan of Operations to the BLM district office; receive the approval of that office; and obtain a reclamation bond in an amount determined by the BLM if: Your operation will disturb more than 5 acres during any calendar year, or It is in a National Wild & Scenic River Area, Area of Critical Environmental Concern (ACEC), National Preservation System, or area closed to off-road vehicles.

6 6 Processing Time: Notice 15 calendar days Plan Of Operations. Variable Cost: None Authority: CFR, Subparts 3802 (Wilderness), and 3809 (General) U.S. Forest Service Pacific Northwest Region Telephone: (503) S.W. First Avenue FAX: (503) Portland, Oregon If you are planning to prospect for, or mine placer deposits on Forest Service land, you may have to file a Notice of Intent with the District Ranger in charge of the area where you want to operate. You must file a Notice of Intent if your proposed activity may cause any disturbance of surface resources. This includes, but is not limited to excavating material adjacent to rivers and streams; excavating and processing placer material within the water or wetted-perimeter itself; and also any disturbance of vegetation within the riparian area. Activities which use mechanized earth moving equipment, or involve the cutting of trees require a Plan of Operations. The District Ranger will review your Notice of Intent and let you know whether you must prepare and submit a Plan of Operations. You must wait until the District Ranger approves your Plan of Operations before you can begin your prospecting or mining activity on Forest Service land. If you know that your prospecting or mining activity will significantly disturb surface resources, you may submit a Plan of Operations to the District Ranger without first preparing a Notice of Intent. Depending on what you intend to do, the Forest Service may require you to also obtain a Road Use Permit and/or other Special Use Permits for access and utilities. You may also be required by the Forest Service to obtain a reclamation bond in an amount to be determined by the Forest Service. Processing Time: Notice of Intent.. 15 days Plan of Operations days (or longer if plant and animal surveys are required). Cost:.... None

7 7 Authority: 36 CFR 228, Subpart A State Agencies Oregon Department Of Environmental Quality Water Quality Division Telephone: (503) S.W. 6 th Avenue or (800) Portland, Oregon FAX: (503) The Oregon Department of Environmental Quality (ODEQ) issues two type of permits relating to placer mining. Which permit you will need depends on whether you will be working within or adjacent to a waterway. Work Within A Waterway National Pollutant Discharge Elimination System (NPDES) General Permit 700-J You will need to obtain this permit to operate an in-stream suction dredge of no more than 40 HP, and to discharge the resulting wastewater into the waters of the state. Work Adjacent To A Waterway Water Pollution Control Facility (WPCF) General Permit 600 This permit is required for a small-scale, non-chemical off-stream placer mining activity. If you obtain this permit, you are not allowed to discharge wastewater generated by the operation to the waters of the state. General Permit 600 is limited to placer mining operations which process no more than 10,000 cubic yards of material per year. Storm Water General Permits You must obtain NPDES General Permit 1200Z if there is a point source discharge of storm water from the activities conducted at the facility. However, you do not need to obtain this permit if you hold a WPCF General Permit 600, and there are no discharges of runoff from your operation.

8 8 Individual Permits If your placer mining activity is not covered by either of these two general permits, you must apply for an individual NPDES or WPCF permit. An individual NPDES permit allows direct discharge of wastewater to the waters of the state. An individual WPCF permit applies to all wastewater disposed on land or injected into the ground with no direct discharge to the waters of the state. U.S. Army Corps Of Engineers Requirements If the U.S. Army Corps of Engineers requires an individual permit (Section 404 Permit) for the dredging activity, you must obtain a Section 401 certification from DEQ. NOTE: The Multnomah County Circuit Court has recently declared the 700-J permit to be invalid in streams that do not meet water quality standards for temperature. The court has directed DEQ to revise and reissue the permit by May 1, At the time of this publication (February 1998), DEQ is in the process of sending notices to all permittees regarding this court decision. The notice asks that suction dredge mining in streams that are water quality limited for temperature be stopped until DEQ issues a valid permit. DEQ will begin revising this permit shortly and will be sending a notice to interested persons for comment. Please contact Mr. Raj Kapur at (503) if you have questions concerning the status of this permit. Information concerning the above permits can be obtained from the following DEQ offices: Eastern Region For all counties east of the Cascade Range. Pendleton Office Telephone: (541) S.E. Emigrant, Suite 330 FAX: (503) Pendleton, Oregon Northwest Region For Clackamas, Clatsop, Columbia, Multnomah, Tillamook, and Washington Counties 2020 S.W. 4 th Avenue, #400 Telephone: (503) Portland, Oregon FAX: (503) Western Region For all other counties west of the Cascade Range

9 9 Salem Office Telephone: (503) Front Street N.E., Suite 120 FAX: (503) Salem, Oregon Section 401 certification can be obtained from: DEQ Water Quality Division Telephone: (503) S.W. 6 th Avenue FAX: (503) Portland, Oregon Processing Time: General Permits 700-J and days 1200Z Permit days Individual NPDES Permit days Individual WPCF Permit days Section 401 Certification 60 days Cost - New Applications: NPDES General Permit 1200Z.. A $50.00 filing fee and a $ processing fee is charged if there is a point source discharge of storm water from the activities conducted at the facility. In addition, an annual compliance fee of $275 is billed in July of every year. NPDES General Permit 700-J No fee is required for a suction dredge with an intake nozzle inside diameter of 4 inches or less. A $50.00 filing fee is charged if the intake nozzle inside diameter is more than 4 inches. There is no annual compliance fee assessed for this permit. WPCF General Permit 600 No fee is charged for mining operations which can process more than 5 cubic yards of material per day, but no more than 1,500 cubic yards per year. A $50.00 filing fee and a $80.00 permit processing fee is charged for mining operations which can process more than 1,500 cubic yards but no more than 10,000 cubic yards per year.

10 10 There is no annual compliance fee assessed for this permit. Individual NPDES or WPCF Permits A variable fee is charged for mining operations with a capacity of more than 10,000 cubic yards per year or over 40 HP. In addition, an annual compliance fee is assessed for this permit. Cost - Permit Renewals: NPDES General Permit 700-J There is no cost associated with the renewal of this permit. WPCF General Permit 600 There is no cost for the renewal of this permit for mining operations with a capacity of no more than 5 cubic yards per day to 1,500 cubic yards per year. The permit renewal fee for facilities tat process 1,500 to 10,000 cubic yards per year is $ NPDES General Permit 1200Z.. The permit renewal fee is $ Individual NPDES or WPCF Permit. A variable fee is charged for mining operations with a capacity of more than 10,000 cubic yards per year or over 40 HP. Authority: ORS 468B.050 and 458B.035; OAR , , and Oregon Department Of Fish And Wildlife Habitat Conservation Division Telephone: (503) S.W. First Avenue FAX: (503) Portland, Oregon The Oregon Department of Fish and Wildlife (ODFW) published the brochure Oregon Guidelines For Timing Of In-Water Work To Protect Fish and Wildlife Resources. The information contained in this brochure is necessary to ensure that the requirements of the Department of Environmental Quality s General Permit 700-J (to not dredge when fish eggs could be in the gravel) and the Division of State Land s General Authorization are met.

11 11 If you plan to use explosives on or in the waters of Oregon, or in any location adjacent to waters where blasting would have an impact on fish and wildlife or their habitat, you must obtain an In-Water Blasting Permit from ODFW. Processing Time: days Cost: None Authority: ORS , OAR Oregon DepartmentOf Geology And Mineral Industries 800 N.E. Oregon Street #28, Rm. 965 Telephone: (503) Portland, Oregon FAX: (503) homepage The Oregon Department of Geology and Mineral Industries (DOGAMI) serves as both a permitting agency and a source of geologic and other information. You will need to obtain an Operating Permit from DOGAMI if your placer mining operation moves over 5,000 cubic yards of material or disturbs over one acre within a 12-month period, unless the site is within the bed and banks of a stream permitted by the Division of State Lands. You will also have to obtain a reclamation bond in an amount determined by DOGAMI for the actual cost of reclamation. To obtain permit information, contact: DOGAMI Telephone: (541) Mined Land Reclamation Program FAX: (541) Queen Avenue S.E. Albany, Oregon mlrweb.shtml Processing Time:.... Can be up to 120 days after the date that a completed land use application is submitted to the local jurisdiction. Cost:.... $535 for initial application; $385 for each annual renewal. Authority:... ORS ; OAR

12 12 Department Of Oregon State Police Office Of State Fire Marshal 4760 Portland Road N.E. Telephone: (503) , ext. 274 Salem, Oregon FAX: (503) To possess explosives in Oregon, a person must have in their immediate possession at all times during the possession of the explosives a valid Certificate of Possession of Explosives issued by the Office of State Fire Marshal (OSFM). This certificate conveys only the right to possess explosives; it does not permit blasting. Applications must be completed in their entirety, including obtaining the signature of the fire chief or designated assistant in whose jurisdiction the explosives will be purchased, stored, or used. Completed applications are forwarded to the Office of State Fire Marshal for processing. It is important to note that persons using explosives should inquire with local police, and city, zoning, building, and fire authorities having jurisdiction over the blasting area to determine if blasting permits or other approvals are needed prior to blasting. All blasting shall be in accordance with the requirement Number 495 of the National Fire Protection Association. Processing Time: weeks Cost:. $15.00 for a 3-year certificate $7.50 for a 90-day certificate Authority: ORS ORS Oregon Parks And Recreation Department 1115 Commercial Street N.E, Suite 1 Telephone: (503) Salem, Oregon FAX: (503) The Oregon Parks and recreation Department (OPRD) administers activities in areas designated as Scenic Waterways, in state parks, and on Oregon s beaches. Oregon law states that no placer mining, other than recreational placer mining, is permitted on waters within Scenic Waterways. If you plan to operate within 1/4 th mile of

13 13 an Oregon Scenic Waterway, you must obtain the approval of the OPRD. Before conducting any commercial or other placer mining operation on OPRD-owned property or on state-owned ocean beach, you must obtain the written permission of OPRD. Processing Time: Variable Cost:... Variable Authority:... ORS 390, et. seq., OAR and Oregon Division Of State Lands For activities in western Oregon: 775 Summer Street N.E. Telephone: (503) Salem, Oregon FAX: (503) For activities east of the Cascades (including Jackson and Josephine Counties): Empire Corporate Park, Suite B-1 Telephone: (541) Empire Avenue FAX: (503) Bend, Oregon The Division of State Lands (Division) issues a variety of authorizations for mineral exploration, prospecting, and mining activities on state-owned land, which includes the beds and banks of navigable rivers. The Division also issues Removal-Fill Permits for activities occurring in waters of the state. What form of authorization you will need to obtain will depend on the location and nature of your mining activity, and whether you are conducting it as a commercial or recreational operation. Prospecting Permits You will need to obtain a Prospecting Permit if you want to: Explore for minerals on state-owned land using methods which disturb the land (such as trenching, drilling, making roads, etc.) and/or Ensure that only you have the right to look for minerals on a particular parcel. If you only want to prospect for minerals as a recreational activity (such as panning for gold or collecting mineral specimens), and will not use methods which disturb the ground, you probably do not need to obtain a Prospecting Permit. However, you may be required to obtain other permits discussed below.

14 14 Mining Leases Mining leases allow you to mine what you have found on state-owned land. You may not begin mining a deposit on state-owned land without a mining lease. Mining leases are not required or typically issued to persons who only pan for gold or collect mineral specimens as a recreational activity. Generally, these leases are issued to commercial producers only after the discovery under a prospecting permit of an economically minable deposit. The Division may require that you obtain insurance (in the amount required by law) and a performance bond (in an amount established by the Division), as well as agree to other conditions before it will issue a Prospecting Permit or mining lease to you. Placer Mining Removal-Fill Permits You may be required to obtain a general authorization or permit issued by the Division to conduct placer mining in Oregon s rivers and streams. What form of permission, if any, you may be required to get depends on where you will undertake your mining activity, and what you intend to do at that location. Oregon Removal/Fill Law Requirements For Placer Mining Location: All waters of Oregon except Essential Salmon Habitat & Oregon Scenic Waterways 0-25 cubic yards - No permit required cubic yards - No permit required. 50+ cubic yards - Individual permit required. Location: In waters determined to be Essential Salmon Habitat Recreational and small scale General Authorization required.. placer mining (as defined below) not exceeding 25 cubic yards annually per stream segment. Recreational and small scale Individual Removal-Fill Permit required. placer mining (as defined below) exceeding 25 cubic yards annually per stream segment, or a suction dredge with a nozzle having an insider diameter greater than 4 inches.. Location: In waters within an Oregon Scenic Waterway Recreational/small scale placer mining (as defined below) including suction dredges Scenic Waterway Removal-Fill Permit required.

15 15 with a motor not exceeding 16 horsepower. Recreational/small scale placer mining (as defined below) including suction dredges exceeding 16 horsepower. Prospecting (as defined below). Prohibited No Scenic Waterway Removal-Fill Permit required. For the purposes of Division authorization under the Oregon Removal/Fill Law: Prospecting is defined by administrative rule as searching or exploring for samples of gold, silver or other precious minerals, using non-motorized methods. Recreational and Small Scale Placer Mining includes, but is not limited to the use of non-motorized equipment and motorized surface dredges having an intake nozzle with an inside diameter not exceeding 4 inches, and a muffler meeting or exceeding factory-installed noise reduction standards. Recreational placer mining does not include recreational prospecting that does not require a permit. To obtain a permit or General Authorization from the Division, you will have to agree to a number of conditions which may limit such things as where you can operate, during what hours, and what type of material you can remove and how. You should refer to OAR for the specific limitations which will be imposed by the Division. To obtain recreational placer mining applications or maps indicating the location of Essential Salmon Habitat and State Scenic Waterways, contact the Division. Processing Time: Prospecting Permit days Mining Lease. Variable Removal-Fill Permit days Oregon Scenic Waterway Removal-Fill Permit days Small Scale and Recreational Placer Mining General Authorization (Essential Salmon Habitat) 15 days Cost: Prospecting Permit. $50 for application; annual permit fee of $0.50 to $5.00/acre Mining Lease. $50 for application; payment of royalties on production Removal-Fill Permit $50 for application Oregon Scenic Waterway Removal-Fill Permit No fee Small Scale and Recreational Placer Mining General Authorization (Essential Salmon Habitat) No fee Authority: Prospecting Permits-Mineral Leases.. OAR Removal-Fill Permits ORS

16 16 OAR Oregon Water Resources Department th Street, N.E. Telephone: (503) Salem, Oregon FAX: (503) The Water Resources Commission established policies for the use and control of water in Oregon. This Commission, through the Water Resources Department, is responsible for administering water use activities within State Scenic Waterways. You will have to obtain a permit from the Oregon Water Resources Department if you divert any amount of water from a surface waterway or in amounts over 5,000 gallons per day from a well. After obtaining the permit, you will have to hire a certified water rights examiner to prepare the final claim map. You do not have to obtain a water rights permit if you only intend to pan for, or use a floating suction dredge to recover placer minerals. Processing Time:... 6 months minimum Cost: $575. Permits for large quantities of water or multiple uses may have additional fees. Authority:... ORS , et. seq. Local Government Prior to exploring for, or mining placer deposits, you may need to obtain permits, licenses, or other forms of authorization from local government agencies (for example, business licenses, and building, special use, and blasting permits). Additionally, you will need to check with local government agencies to find out if what you want to do is an approved use of the land as determined by the county or city comprehensive plan and zoning ordinances.

17 17 Other Sources Of Information U.S. Geological Survey Earth Science Information Center Telephone: (509) U.S. Post Office Building FAX: (509) West 904 Riverside Avenue, Room 135 Spokane, Washington The United States Geological Survey (USGS) publishes many geologic reports, geologic and topographic maps, and earth sciences-related books and brochures, a number of which concern placer gold deposits. In addition, the agency publishes periodic papers discussing the supply of, demand for, and uses of various mineral commodities. Many of these publications can be obtained, some at no cost, from USGS Earth Science Information Centers. Other information concerning mineral commodity markets can be obtained from the U.S. Geological Survey website ( U.S. Forest Service Pacific Northwest Region Telephone: (503) S.W. First Avenue FAX: (503) Portland, Oregon The U.S. Forest Service, in conjunction with numerous prospector and mining associations, has written a booklet: Suction Dredging In The National Forests. This publication provides information every recreational and small-scale placer miner should know concerning stream ecosystems and how to mine responsibly. Oregon Department Of Geology And Mineral Industries 800 N.E. Oregon Street #28, Room 965 Telephone: (503) Portland, Oregon FAX: (503) homepage The Oregon Department of Geology and Mineral Industries (DOGAMI) compiles and provides information on the geology of Oregon, and on past and current mining activities in the state. Many publications related to mining and geology, as well as earth sciences in general, can be obtained from the agency, some at no cost, at the following locations:

18 18 Nature of the Northwest Information Center 800 N.E. Oregon Street, #5, Room 177 Telephone: (503) Portland, Oregon FAX: (503) DOGAMI Baker City Field Office 1831 First Street Telephone: (541) Baker City, Oregon FAX: (541) DOGAMI Grants Pass Field Office 5375 Monument Drive Telephone: (541) Grants Pass, Oregon FAX: (541) Non-Government Sources Of Information Many sources of information concerning placer mining exist in addition to those already mentioned in this brochure. Among these are mining associations, gem and mineral clubs, museums, libraries, and university and college geology and earth sciences departments. In addition, you may find many web sites on the internet providing information on placer mining, geology, and applicable rules and regulations. Eastern Oregon Mining Association Route 1, Box 54 Telephone: (541) Baker City, Oregon FAX: (541) Northwest Mining Association 10 North Post, Suite 414 Telephone: (509) Spokane, Washington FAX: (509) Oregon Independent Miners P.O. Box 399 Telephone: (541) Creswell, Oregon FAX: (541) Flow Chart: The Placer Mining Permit Process Three key questions which must be answered in determining what rules and regulations will govern your placer mining activity are:

19 19 Who owns the land on which it is located? Is the land open or closed to prospecting or placer mining? What do you intend to do on that land? The following flow chart will help you to determine which agencies you will need to contact, and what permits or other forms of authorization you must obtain. Where Are You Planning To Prospect Or Mine? State-Owned Land: On a navigable waterway, or On land administered by the Division of State Lands: A Prospecting Permit or lease must be obtained from the Division of State Lands for a commercial operation. On state-owned ocean beach or in State Parks: Privately-Owned Land: A permit or approval from Oregon Parks and Recreation Department. Anywhere in Oregon: Permission of the owner. Within 1/4 th mile of an Oregon Scenic Waterway (adjacent lands): Approval must be obtained from the Oregon Parks and Recreation Department. Federally-Owned Land: On land administered by the Bureau of Land Management: If the activity disturbed 5 acres or less during any calendar year: File Notice with BLM. If the activity disturbs more than 5 acres during any calendar year, or in an ACEC, etc.:

20 20 File Plan of Operations for BLM approval. Obtain a reclamation bond. On land administered by the U.S. Forest Service: If the activity may cause any disturbance of surface resources: File Plan of Operations. If required, obtain a reclamation bond. Acquire approved Plan of Operation before beginning work. Any Waters Of The State: Obtain authorization from U.S. Army Corps of Engineers or verify whether your operation will have minimal impacts. with the exceptions. Obtain General Permits 700-J or 600, or individual NPDES or WPCF Permits from the Oregon Department of Environmental Quality. Obtain a Removal-Fill Permit from the Oregon Division of State Lands if you will remove or alter, or place any fill of more than 50 cubic yards annually from the bed or bank of any waters of the State of Oregon. In Essential Salmon Habitat: Obtain a General Authorization from the Division of State Lands if your proposed activity meets the definition of recreational and small scale placer mining (OAR ) and does not exceed 25 cubic yards annually per stream segment. Obtain an Individual Removal-Fill Permit from the Division of State Lands if your proposed activity meets the definition of recreational and small scale placer mining (OAR ) and exceeds 25 cubic yards annual per stream segment, or you use a suction dredge with a nozzle having an inside diameter greater that 4 inches In Oregon Scenic Waterways: Obtain a Scenic Waterway Removal-Fill permit form the Division of State Lands if your proposed activity meets the definition of recreational and small scale placer mining (OAR ) or uses a suction dredge with a motor not exceeding 16 horsepower.

21 21 What Do You Intend To Do? Use Explosives: Obtain Explosive User Permit from U.S. Bureau of Alcohol, Tobacco & Firearms (to purchase or bring explosives from outside of Oregon for use in Oregon). Obtain In-Water Blasting Permit from Oregon Department of Fish and Wildlife (if you plan to use explosives on or in the waters of Oregon, or adjacent to said waters if blasting would impact fish and wildlife or their habitat.) Obtain a Certificate of Possession of Explosives from the Office of the State Fire Marshal, as well as any other permits required of local jurisdictions. Divert Water: Obtain Water Rights Permit from Oregon Water Resources Department. Operate A Mine: Obtain Operating Permit from Mined Land Reclamation Program, Oregon Department of Geology and Mineral Industries if you move over 5,000 cubic yards, or disturb over one acre within a 12-month period. Obtain a reclamation bond from Mined Land Reclamation Program, Oregon Department of Geology and Mineral Industries.