Or. Admin. R. 141-089-0835

Current through Register Vol. 63, No. 8, August 1, 2024

Section 141-089-0835 - Non-motorized In-stream Placer Mining in ESH - Activity-Specific Conditions

(1) General Conditions Apply. Activities eligible for this General Authorization must adhere to the general conditions in OAR 141-089-0650 except for subsections (8), (9), and (14). The following activity-specific conditions also apply:

(2) Prevent Fish Stranding. Upon completion of the activity at any given location, the responsible party must fill all furrows, potholes and other depressions created by the activity.

(3) Level All Piles. Upon completion of the activity at any given location, the responsible party must level all piles created by the activity.

(4) Wet Perimeter. The activity must be confined to the wet perimeter.

(5) Disturbance of the Bank and Riparian Vegetation. The activity must not disturb the bank. The activity may not undercut or erode banks or remove or disturb boulders, rooted vegetation, embedded woody material, or other habitat structure on the bank. The activity may not disturb or destroy woody vegetation on the bank for the creation of new access routes.

(6) Fish Passage. The activity shall not divert a waterway or obstruct fish passage.

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

(a) Any temporary dam shall not extend across more than 75% of the width of the surface water at the time the activity occurs;

(b) Any temporary dam shall be consistent with ODFW requirements set forth in ORS 509.580 through 509.901 and OAR 635-412-0005 through 635-412-0040;

(c) Any temporary dam shall be removed immediately upon completion of the activity.

(8) No Disturbance of Stream Structure. The activity shall not move boulders, logs, stumps or other woody material from the bed, except for movement by hand and non-motorized equipment. All boulders, logs, stumps and other woody material moved must be returned to its original position upon completion of the activity.

(9) Dredge Intake Nozzle and Hose Limited. Any gravity or siphon dredge used during the activity shall not have an intake nozzle or hose that has an inside diameter exceeding four inches.

(10) Annual Report Required. The responsible party must maintain a monitoring log and record the date, location, nozzle diameter, hose 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, which states the estimated amount of material that was filled, removed or moved and the mining locations, by latitude and longitude, 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.

(11) Responsible Party Must be Present. Alternate persons may operate equipment, provided the responsible party listed on the authorization is present at all times during the activity.

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

(13) Motorized Equipment Not Allowed. Operation of any motorized equipment is prohibited below ordinary high water.

(14) Operation Limited to Locations Listed. The activity may be conducted at the locations listed on the authorization only. 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.

(15) 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.

(16) Avoid Mussels. Mining equipment, including suction dredges and in-water non-motorized mining equipment must not be used where live freshwater mussels are present. Operations must be relocated if live mussels are encountered during excavation.

(17) Avoid Lamprey. Mining equipment, including suction dredges and in-water non-motorized mining equipment must not be used where Pacific Lamprey adults or larvae are present. Operations must be relocated if lamprey are encountered during excavation. If lamprey larvae are found, the operator must salvage the larvae by sifting through tailings and returning salvaged larvae to the stream away from mining activity. The operator may not resume mining operations in a location where larvae have been found, even after salvaging larvae.

Or. Admin. R. 141-089-0835

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; DSL 3-2016, f. & cert. ef. 6/15/2016; DSL 36-2018, minor correction filed 01/03/2018, effective 1/3/2018; DSL 77-2018, amend filed 05/07/2018, effective 5/7/2018

Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990

Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990