Appendix H. Locatable Minerals Surface Management, 43 CFR 3809 Standards for Exploration, Mining, and Reclamation

The following operational guidelines for mining activities have been compiled to assist the miner in complying with the 43 CFR 3809 regulations, which apply to all mining operations on BLM-administered land in the Medford District. The manner in which the exploratory or development work is to be done would be site-specific and all of the following standards may not apply to each mining operation. It is the mining claimant's and/or operator's responsibility to avoid "unnecessary or undue degradation," and to promptly perform all necessary reclamation work. Refer to regulations 43 CFR 3809 for general requirements. BLM will provide site-specific guidelines for some mining proposals.

Construction and Mining

Required Permits

The operator must provide written notice to the District Office 15 days prior to commencement of any surface mining disturbance that requires mechanized earth moving equipment, dredges with an intake hose greater than four inches, occupancy, or cutting timber. Operations that will cause greater than five acres of surface disturbance will require the operator to submit a plan of operation 43 CFR 3809.1-6. Activities covered in the 3809 regulations under the definition for "casual use" do not require a mining notice. Any notice received and determined to be casual use shall be returned. The Oregon Department of Geology and Mineral Industries (DOGAMI) also requires application for surface mining permit (SMLR-1) for any operation disturbing more than one acre annually or 5,000 cubic yards annually. A reclamation bond will be required by either the BLM or DOGAMI. The Oregon State Division of Lands will require a permit for any relocation of flowing streams or mining within the banks of the creek if more than 50 cubic yards per year are excavated.

Vegetation/Timber

Timber may be cut and used for mining purposes, this may include construction of bridges and buildings, or shoring. All timber cut must be reasonably incident to mining operations 43 CFR 3712.1(a). Timber may be cut and cleared if in the way of the mining operation. A permit is required to cut and use timber on all O&C lands, 43 CFR 3821.4, except when the operator needs to clear timber that is in the way of operation. Prior to cutting timber, the claimant must submit notification in a Mining Notice or Plan of Operation.

The operator is liable for damage to government timber cut on unpatented mining claims. Therefore, it is recommended the operator submit a mining notice in advance so the BLM can arrange for removal of the timber by a qualified purchaser.

Firewood

Firewood permits will be issued to mining claimants who occupy the mining claim, but the permits will be limited to hardwoods or salvage timber. Firewood is for use on the claim if it is reasonably incident to ongoing mining operations. Standing merchantable conifer trees such as Douglas-fir, pine, cedar, or white fir may not be cut for firewood. The claimant must submit notification in a Mining Notice or Plan of Operation prior to cutting firewood.

Water Quality

When mining will be in or near bodies of water or sediment and turbid water will be discharged, the Department of Environmental Quality (DEQ) should be consulted. It is the operator's responsibility to obtain any needed permits for suction dredging, stream bed alteration, or water discharge as required by the DEQ or other state agencies. Copies of such permits shall be provided to the BLM Surface Compliance Officer when a Notice or Plan of Operations is filed. All operations, including casual use, shall be conducted in a manner to prevent unnecessary or undue degradation and shall comply with all pertinent Federal and State laws, 43 CFR 3809.2-2.

Claim Monuments

Due to a new state law, plastic pipe for claim staking is no longer allowed in Oregon. It is BLM policy that plastic pipes used for monuments should have all openings permanently closed. Upon loss or abandonment of the claim, all plastic pipe must be removed from the public lands. When old markers are replaced during normal claim maintenance, they are to be either wood posts, stones, or earth mounds, constructed in accordance with state law.

Drill Sites

Exploratory drill sites should be located next to or on existing roads, when possible, without blocking public access. When drill sites must be constructed, the size of the disturbance should be as small as possible in order to conduct drilling operations.

Dust and Erosion Control

While in operation and during periods of temporary shut-down, exposed ground surfaces susceptible to erosion would need to be protected. This can be accomplished with seeding, mulching, and installation of water diversions.

Fire Safety

All state fire regulations must be followed including obtaining a campfire permit or blasting permit, if needed. All small gas engines must be equipped with approved spark arresters.

Public Access

The government and its' permittees (general public) may use public lands and the surface resources on mining claims, providing they do not materially interfere or endanger prospecting, mining, or processing operations. Mining claimants shall not exclude the public from mining claims with force, intimidation, or no trespassing signs, 43 CFR 3712.1(a). Claimants are encouraged to post "caution" or "danger" signs on or adjacent to ongoing operations to inform the public of dangerous situations. It is the operators responsibility to protect the public from mining hazards. Gates may be installed with BLM approval.

Occupancy

Operators residing on the mining claims longer than 30 days will be required to obtain county sanitation discharge permits and other building permits required by the county. Work sites may house self-contained chemical toilets, but they must be emptied at state approved dump stations.

Solid waste (nonmining materials, trash, car bodies, etc.) is a hazard or nuisance, and accumulation of these wastes on public lands is a violation of Federal Regulation, 43 CFR 8365.1-4.

Occupancy or camping on public lands in excess of 14 days per calendar year must be reasonably incident to actual continuous mining, processing, or diligent exploration operations (core drilling or significant testing) and will require submission of a Mining Notice or Plan of Operation. In general, operations at the casual use level are not sufficient to warrant occupancy on a mining claim. During extended periods of nonoperation, the claimant shall remove all structures, equipment, and other facilities and reclaim the site, 43 CFR 3809.3-7. Some operations are seasonal and may be limited by state law. During those closure periods, the occupancy may be unnecessary since no mining may be occurring.

Dogs

If dogs are to be present at mine sites or residences, they shall be kept under control at all times so that wildlife and the public and government personnel are not threatened. This requirement is expected of all users of public lands but is especially true where there are permanent residences.

Suction Dredging

Excluding the wild, scenic, and recreation sections of the Rogue River, almost all streams, rivers, and flowing waters are open to suction dredging. The riverbeds of navigable waters are controlled by the Oregon Division of State Lands. The Oregon Scenic Waterways Regulations limits the size of dredges along the recreation section of the Rogue River to a maximum of four-inch intake hose.

All suction dredges must be registered with DEQ and dredges with an intake hose of greater than four inches must obtain a general National Pollutant Discharge Elimination Systems (NPDES) Permit. Operators required to have this permit must submit a Mining Notice to the BLM District Office and provide proof of having a NPDES Permit upon request.

Any dredging operation which does not exceed the four-inch intake threshold will generally result in only negligible disturbance of federal lands and therefore are considered casual use. No notification to or approval by the authorized officer is required. However, any mining operation including an occupancy exceeding 14 days will require notification or approval by the BLM.

Dredging outside the "permitted work period" established by Oregon Department of Fish and Wildlife (ODFW) will require written permission by an appropriate ODFW District Biologist.

Reclamation

Waste Management. All undesirable materials (e.g., toxic subsoil, contaminated soil, drilling fluids, process residue, refuse, etc.) shall be isolated or removed or otherwise disposed of as appropriate in a manner providing for long-term stability and in compliance with all applicable state and federal requirements.

Subsurface. The subsurface shall be properly stabilized, holes and underground workings properly plugged, when required, and subsurface integrity ensured subject to applicable federal and state requirements.

Site Stability. The reclaimed area shall be stable without rill or gullies, perceptible soil movement, and slope instability; and the appropriate water courses and drainage features shall be reestablished and stabilized.

Water Management. The quality and integrity of affected ground and surface water shall be protected as a part of mineral development and reclamation activities in accordance with all federal and state requirements.

Soil Management. Top soil, selected subsoils, or other materials suitable as a growth medium shall be salvaged from areas to be disturbed and managed for later use in reclamation. Stockpiled material shall be stabilized to prevent erosion.

Erosion Prevention. The surface area disturbed at any one time during development of a project shall be kept to the minimum necessary and the disturbed areas reclaimed as soon as possible (concurrent reclamation) to prevent unnecessary or undue degradation resulting from erosion.

Revegetation/Reforestation. When the final landform is achieved, the surface shall be stabilized by vegetation or other means as soon as practical to reduce further soil erosion from wind or water, provide forage and cover, and reduce visual impacts. Specific criteria for evaluating revegetation success must be site-specific and included as part of the reclamation plan. On lands classified as woodlot or high intensity forestlands, reclamation shall include meeting reforestation requirements of the State Forest Practices Act.

Visual Resources. To the extent practicable, the reclaimed landscape should have characteristics that approximate or are compatible with the visual quality of the adjacent area with regard to location, scale, shape, color, and orientation of major landscape features.

(SOURCE: BLM Manual Handbook H-3042-.1,.2)

Road Reclamation

After mining is completed, all new roads would be reclaimed if not required for access. High walls and cut banks are to be knocked down or backfilled to blend with surrounding landscape. All culverts shall be removed from drainage crossings and the fill excavated. The roadbed shall be ripped, fertilized, seeded, and mulched, if necessary.