United States 

Department of

Agriculture

Forest 

Service

March 2016

Draft Record of Decision

For the Granite Creek 

Watershed Mining Project 

Environmental Impact 

Statement

North Fork John Day Ranger District

Umatilla National Forest

Whitman Ranger District

Wallowa-Whitman National Forest

Baker and Grant Counties, Oregon

For Information Contact: Sophia Millar

Wallowa-Whitman National 

Forest

PO Box 905

Joseph, OR 97846

(541) 263-1735

smillar@fs.fed.us

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TOC-1

Table of Contents

Introduction .............................................................................................................. 1

Location of Project Area........................................................................................... 2

Purpose and Need .................................................................................................... 2

Summary of Significant Issues................................................................................. 4

Significant Issue 1: Water Quality and Quantity .........................................................................4

Significant Issue 2: Fish Habitat and Species ............................................................................4

The Decision ............................................................................................................. 5

Decision Framework ....................................................................................................................6

Table 1: Plans that may need to submit an amended Plan prior to Plan approval with reasons 

provided................................................................................................................................... 7

Selected Alternative 3..................................................................................................................8

Rationale for the Decision............................................................................................................9

Other Alternatives Considered ............................................................................... 14

Comparison of Alternatives........................................................................................................16

The Environmentally Preferable Alternative ..............................................................................18

Findings Required by Other Laws and Regulations............................................... 19

Consultation with Indian Tribes/Protection of Treaty Resources...............................................24

Implementation ....................................................................................................... 24

Procedure for Change During Implementation..........................................................................24

Administrative Review Objection Opportunity ....................................................... 25

Who may file an Objection?.......................................................................................................25

What must an Objection include?..............................................................................................25

How and when can an Objection on the Draft Record of Decision be filed?.............................26

Permittees Administrative Review Opportunities .................................................. 27

Implementation Date ............................................................................................... 27

Contact ................................................................................................................... 27

Appendix 1 - Summary of Activities and Requirements by Plan .................... 29

Appendix 2 - Roads Proposed for Use by Miners under Alternatives 2 and 3 ...... 59

Appendix 3 – Alternative 3 Monitoring and Inspection Items ................................ 67

Appendix 4 - General Requirements for Plans of Operations ............................... 73

 Included in Alternative 3

Appendix 5 – USFWS and NMFS Review Draft Terms and Conditions................... 89

Map 1 –Plan Locations................................................................................. 93
Draft Record of Decision Granite Creek Watershed Mining Project

TOC-2
Granite Creek Watershed Mining Project Draft Record of Decision

1

Granite Creek Watershed Mining Plans

Final Environmental Impact Statement

North Fork John Day Ranger District, Umatilla National Forest 

Whitman Ranger District, Wallowa-Whitman National Forest

Draft Record of Decision

Introduction

According to the 36 CFR 228.4 (Plan of Operations/Notice of Intent Requirements) should 

the operator or the District Ranger determine that a mining proposal/operation is causing or 

will likely cause significant disturbance of the surface resources the operator must submit a 

proposed plan of operations or a modification to an existing Plan of Operations. In the 

Granite Creek Watershed, a number of mining Plans were previously approved in the early 

1980s. Since then, regulatory requirements have changed in this watershed, such as 

streams were listed under section 303(d) of the Clean Water Act (CWA), and Endangered 

Species Act (ESA) fish were listed, requiring that the Plans address these changes. In 

addition to these changed regulatory conditions, all of the old Plans have either expired or 

completed their activities and require authorization for additional mining activities, and some 

new plans have been submitted. As with any other project proposed on Forest Service Land, 

an environmental analysis must be done in conjunction with the proposed operating plan(s) 

(36 CFR 228.4 (f). As per 36 CFR 228.5 (a), the Authorized Officer will review the proposal 

and the accompanying environmental analysis in order to determine the reasonableness of 

the requirements for surface resource protection.

The Final Environmental Impact Statement (FEIS) for the Granite Creek Watershed Mining 

Plans (Granite Mining Project) documents the site-specific direct, indirect, and cumulative 

environmental effects on National Forest surface resources where mining claimants propose 

to conduct operations authorized by mining laws and regulations in the Granite Creek 

Watershed. The project area includes the entire Granite Creek Watershed in northeastern 

Oregon (Wallowa-Whitman and Umatilla National Forests). The responsible officials for this 

decision are the District Rangers for the Whitman Ranger District on the Wallowa-Whitman 

National Forest (WWNF) and the North Fork John Day Ranger District on the Umatilla 

National Forest (UNF). Plans proposed in this document would be in effect for ten years after 

the date of this signed Record of Decision.

This Record of Decision (ROD) documents our decision and rationale for selecting a course 

of action to be implemented for the Granite Mining Project. We have considered the analysis 

that is documented in the final environmental impact statement (FEIS) for the Granite Mining 

Project, information in the project file, and input received from the public during the course of 

the analysis of this project as required by the National Environmental Policy Act (NEPA).

This ROD was developed according to requirements of the National Environmental Policy Act 

(NEPA) (42 USC §§ 4321-4370), the Council of Environmental Quality’s implementing 

regulations (40 CFR §§ 1500-1508), Forest Service NEPA regulations (36 CFR Part 220), 
Draft Record of Decision Granite Creek Watershed Mining Project

2

and Forest Service policy in Forest Service Manual 1900, Chapter 1950, and Forest Service 

Handbook 1909.15.

Location of Project Area

The Granite Creek Watershed (approximately 94,480 acres) is located in the Blue Mountains 

of northeastern Oregon and is primarily within the administrative boundaries of the Whitman 

Ranger District, Wallowa-Whitman National Forest (40,624 acres), and the North Fork John 

Day Ranger District, Umatilla National Forest (49,539 acres). Approximately 4,150 acres in 

the watershed are privately held. The Granite Creek Watershed is located approximately 30 

miles west of Baker City, in Baker County, Oregon, and 40 miles southeast of Ukiah, in Grant 

County, Oregon. 

The legal description for the watershed is: 

Township 8 South, Range 34, 35, 351⁄2 and 36 East 

Township 9 South, Range 34, 35, 351⁄2, and 36 East

Township 10 South, Range 34, 35, 35 1⁄2, and 36 East, Willamette Meridian.

Purpose and Need

Existing Condition

As stated in the Introduction above, in the Granite Creek Watershed, a number of mining 

Plans were previously approved in the early 1980s (refer to above discussion of past, current 

and historic mining). Since then, regulatory conditions have changed, such as Endangered 

Species Act (ESA) fish were listed and streams were listed under Section 303(d) of the Clean 

Water Act (CWA), requiring that the Plans address these changes. In addition to these 

changed regulatory conditions, all of the Plans have either expired or completed their 

activities and require additional authorization for mining activities. 

Two streams in the watershed (Bull Run Creek and Granite Creek) are currently listed as 

water-quality limited for sedimentation by the Oregon Department of Environmental Quality 

(DEQ) under section 303(d) of the CWA. All of Bull Run Creek is listed, and Granite Creek is 

listed upstream of its confluence with Boulder Creek.

On July 10, 1998, Columbia River bull trout (Salvelinus confluentus) were listed as 

threatened under ESA and critical habitat was designated in 2010. On May 24, 1999, MidColumbia River steelhead (Oncorhynchus mykiss) were listed as threatened under the ESA 

and critical habitat was designated in 2005. Both of these species are found in streams 

located within the Granite Creek Watershed and both have designated critical habitat within 

the project area. Westslope cutthroat trout (Oncorhynchus clarkia lewisi), which exists in the 

watershed, is on the 2011 Regional Forester’s list of sensitive species; and Columbia spotted 

frog (Rana luteiventris) has a documented population in the watershed and is on the 2011 

Regional Forester’s sensitive species list. 
Granite Creek Watershed Mining Project Draft Record of Decision

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One proposed Plan of Operations has a very rare (but not currently listed as sensitive) 

biscuitroot species, Lomatium tarantuloides, located within the footprint of one of the 

proposed Plan of Operations (Royal White), and protection of these plants may be required. 

Also, there are approximately two dozen locations for Region 6 Sensitive Botrychium plant 

species located within the Granite Creek Watershed on both the Wallowa - Whitman and 

Umatilla National Forests. However, no Botrychium plants were located at any of the 

proposed Plans of Operations during site-specific surveys for this analysis. 

Desired Condition

Desired conditions for the surface resources on the mining claims in the Granite Creek 

Watershed are derived from goals, objectives, standards, and guidelines from the WallowaWhitman and Umatilla National Forests Land and Resource Management Plans (Forest 

Plans), public scoping, recovery plans for ESA listed Middle Columbia River (MCR) steelhead 

and Columbia River (CR) bull trout, and interdisciplinary team input. Desired conditions 

provide a future vision for the area and can help in development of management options for 

the mining operations in the Granite Creek Watershed over time. 

Twenty-eight Plans of Operations would be approved for the mining operations in the Granite 

Creek Watershed that include requirements and protection measures to ensure that adverse 

impacts to water quality and surface resources (including special status fish, wildlife, and 

plant species described above) are minimized.

• Watershed values are protected to the fullest extent possible under existing laws in 

evaluating and developing mineral operating plans (WWNF Forest Plan, page 4-25).

• During development of operating plans or plan modifications, reasonable alternative 

mitigation measures and/or operating requirements will be developed to define the 

appropriate stipulations needed to protect other resources while still meeting the 

objectives of the minerals operator (miner). The test for operating plan requirements 

is “reasonableness” (UNF Forest Plan, page 4-81).

Purpose and Need

The Forest Service needs to ensure adverse environmental effects on National Forest 

surface resources have been reasonably minimized where mining claimants propose to 

conduct operations authorized by mining laws. Plans of Operation submitted by the miners, 

as specified in 36 CFR 228.4(a), should be reviewed to consider the Forest Service’s 

responsibility to approve or require modifications to these Plans in accordance with federal 

mining and environmental laws. As described above, previous Plans in the area were 

approved prior to the ESA listing of CR bull trout and MCR steelhead as threatened, as well 

as designation of critical habitat for both species. Because regulatory requirements have 

changed, previous plans either expired or mining activities were completed, and new plans 

have been submitted, there is a need to ensure all reasonable measures are taken by the 

authorized officer to disclose and minimize the environmental impacts of the proposed 

operations prior to approving the operating plan, as specified in 36 CFR 228.4(e). 
Draft Record of Decision Granite Creek Watershed Mining Project

4

Summary of Significant Issues

Significant Issue 1: Water Quality and Quantity 

Water quality in the Granite Creek Watershed has been impaired by past timber harvest and 

road building, beaver trapping, grazing and hydraulic, placer, and dredge mining. These 

activities have altered stream channel morphology, abundance and distribution of riparian 

vegetation, runoff patterns and volumes, the stream-valley floor surface hydrologic 

connection, and type of ground cover. The result has been changes in flow regimes, the 

movement and storage of sediment, release of toxic metals, the movement and storage of 

water in the watershed, bank stability, and substrate composition. Water quality parameters 

affected by these changes are stream temperatures, concentrations of heavy metals, and 

water clarity (turbidity). 

Several Plans withdraw water for their operations. Water withdrawals can negatively impact 

water quality and quantity. The Forest Service has monitored summer stream temperatures 

for 12 streams in the Granite Creek watershed. All of these streams have temperatures that 

exceed the applicable state water quality standard of 53.6°F for bull trout spawning and 

rearing (See FEIS Appendix 5). Prior to 2010, four of these streams (Beaver, Bull Run, Clear 

and Granite) were 303(d) listed by Oregon Department of Environmental Quality (ODEQ) as 

water quality limited for temperature and in two cases for sedimentation. As a result of the 

completion of the John Day River Basin Total Maximum Daily Load (TMDL) and Water 

Quality Management Plan (WQMP) in 2010 (ODEQ 2010), the four streams were delisted 

listed for temperature. Delisting does not mean that the stream temperatures are now 

acceptable, but that all feasible steps will be made to decrease the elevated stream 

temperatures and prevent further rises, as required by the TMDL. As such, Plans were 

evaluated for potential impacts to stream temperatures. With respect to sedimentation, Bull 

Run and Granite Creeks remain 303(d) listed as sediment impaired and Plans were 

evaluated for the potential to increase sedimentation on these streams. Refer to FEIS 

Chapter 1 for more detailed information including key indicators for this issue.

Significant Issue 2: Fish Habitat and Species

Fish species listed as threatened under the Endangered Species Act and their designated 

critical habitat occurring within the Granite watershed are CR bull trout and MCR steelhead. 

Approximately 40 percent (37,445 acres) of the Granite Mining analysis area occupies 

Management Area 18 (Anadromous Fish Emphasis) on the WWNF. Approximately 17 

percent (16,242 acres) of the Granite Mining analysis area occupies Management Area C7 

(Special Fish Management Area) on the UNF. These management areas are intended to 

achieve and maintain optimum conditions for anadromous fish. Emphasis is placed on 

providing anadromous fish habitat at, or near, the maximum potential of the watershed where 

this area is applied. Emphasis is placed on protecting fish habitat and habitat investments 

through reasonable provisions in plans of operation and in reclamation requirements.
Granite Creek Watershed Mining Project Draft Record of Decision

5

Past placer mining operations, in an effort to expose placer deposits in the Granite Creek 

Watershed, have removed trees, shrubs, and ground cover in the flood-prone areas 

immediately adjacent to the Granite, Clear, Bull Run, Boulder, Last Chance, Ten Cent, Olive, 

Ruby, Lightning, McWillis, Quartz and Lucas Gulch creeks, and their tributaries. This past 

mining-caused ground disturbance has altered:

• Instream habitat such as pool frequency and distribution, altered substrate 

composition (including a loss of fine material), off channel habitat, and instream large 

woody material (LWM), and

• Riparian habitat such as canopy cover adjacent to stream reaches and bank stability.

Water quality has been affected by past placer mining operations. The exposed soil on the 

mining access roads and the disturbed flood-prone areas immediately adjacent to Granite, 

Clear, Bull Run, Boulder, Ten Cent, Olive, Salmon, Ruby, Lightning, Quartz and Lucas Gulch 

creeks and their tributaries, could negatively affect water quality. This could increase the 

amount of sediment entering these streams, resulting in degradation of existing summer 

steelhead, and bull trout spawning, incubating, and rearing habitat in these streams. 

Activities proposed in Plans of Operations have the potential to further reduce the quality of 

fish habitat in the project area. For example, instream disturbance from building and use of 

stream fords, suction dredging activities and water withdrawals can negatively affect fish. 

Quality of fish habitat is linked to water quality, and Significant Issue 1, Water Quality and 

Quantity, directly relates to aquatic species and fish habitat.

Refer to FEIS Chapter 1 for more detailed information including key indicators for this issue.

The Decision

We have selected Alternative 3 of the FEIS (as described in detail in FEIS Chapter 2), which 

incorporates the mining Plans of Operations (as submitted by the miners) with Forest Service 

Resource Protection Measures (RPMs) to reduce potential impacts from the proposed mining 

activities and connected actions. It also includes the stipulations included in the Decision 

Framework described immediately below. This decision also incorporates into the Plans of 

Operations the Terms and Conditions from NMFS and USFW Biological Opinions.

This decision meets Wallowa-Whitman National Forest (WWNF) and Umatilla National Forest 

(UNF) Land and Resource Management Plan (Forest Plan) standards and guidelines, and 

other applicable laws, regulations and policies, as is documented in the FEIS. The potential 

effects described in FEIS Chapter 3 would not prevent current or potential opportunities to 

conduct minerals, energy, or special use activities in this area. The alternatives would not 

ROD Appendices 1 and 2 at 

the end of this document list 

by Plan all activities, protection 

measures, requirements and 

access that are approved with 

this ROD.
Draft Record of Decision Granite Creek Watershed Mining Project

6

affect how current State and BLM regulations and law regulate or evaluate the minerals, 

energy or special uses in the area. 

Decision Framework

The District Rangers of the Whitman Ranger District of the Wallowa-Whitman National Forest 

and the North Fork John Day Ranger District of the Umatilla National Forest are the 

Responsible Officials for review, analysis, and selecting an alternative from the choices in the 

Final Environmental Impact Statement (FEIS). The Responsible Officials’ decision is 

documented in a Record of Decision (ROD). In the ROD, the Responsible Officials may 

decide to: 

1. Adopt the No Action/No Change Alternative (Alternative 1).

2. Authorize the approval of the Plans of Operations as submitted by the miners 

(Alternative 2).

3. Approve the Plans of Operations with additional Plan-specific Protection Measures 

and General Requirements (Alternative 3).

Decisions based on this analysis will comply with Forest Plan standards and guidelines, and 

other applicable laws, regulations and policies. The potential effects described in Chapter 3 

would not preclude current or potential opportunities to conduct minerals, energy, or special 

use activities in this area. The alternatives would not affect how current State and BLM 

regulations and law regulate or evaluate the minerals, energy or special uses in the area. 

Once the ROD is signed and issued, reclamation bonds and any 401 certifications and valid 

water rights deemed necessary to be consistent with the CWA, shall be presented to the 

Forest Service before the Plans of Operation are approved and prior to commencement of 

mining activities (FSH 2817.23a(1) and 36 CFR 228.8). PACFISH (which amended both 

Forest Plans in 1995) Minerals Management standard #1 requires a reclamation plan and 

reclamation bond for mineral operations in riparian habitat conservation areas (RHCAs). 

To ensure consistency with Section 401 of the CWA, for those Plans requiring a 401 

certificate as a result of this analysis, the Plan will not be approved until an amended Plan is 

submitted to the Forest Service that excludes the proposed activity(s) requiring 401 

certification. The 401 certification is granted by the state of Oregon (ODEQ) and allows for a 

regulated discharge of pollutants (sediment, heavy metals, warm water, chemicals, etc.) into 

waters of the state, and ensures compliance with section 401 of the Clean Water Act (CWA). 

For those Plans proposing to withdraw water from streams, prior to Plan approval, the Forest 

Service will consult with Oregon Water Resources Department (OWRD) to ensure that the 

water right presented with the proposed plan is valid. It is the State of Oregon that confirms 

the validity of a water right. To ensure consistency with Section 401 of the CWA, if a valid 

water right is not secured, the Plan will not be approved until an amended Plan is submitted 

to the Forest Service that excludes the proposed water withdrawal (Table 1).

Valid water rights are issued by the Oregon Water Resources Department, and are required 

for activities that withdraw water from a stream. The USFS has consulted with ODEQ and 

reviewed the Oregon Department of Environmental Quality John Day River Basin Total 
Granite Creek Watershed Mining Project Draft Record of Decision

7

Maximum Daily Load/Water Quality Plan (TMDL1). The TMDL includes goals for maintaining 

and restoring flows where possible. New water right applications will be reviewed by ODEQ 

and conditioned based on TMDL flow restoration goals. 

Plans proposing suction dredging in excluded waters as per the State of Oregon, including 

303d listed streams and Essential Salmon Habitat (ESH) streams, or streams with naturally 

reproducing populations of bull trout will not be approved until the moratorium on suction 

dredging is lifted (see Senate Bill 838 below). In this case, an amended Plan excluding 

suction dredging can be submitted to the Forest Service (Table 1). Once the state 

moratorium is lifted, the miner can submit a supplement to their Plan of Operations to 

incorporate suction dredging into their Plan.

Additional permits may be required by other agencies depending on the type and extent of 

the operations. In order to insure that all operations are conducted in a manner that will 

minimize adverse environmental impacts on National Forest surface resources, the operators 

must comply with applicable state and federal requirements when conducting their mining

operations. (36 CFR 228.8) 

Table 1: Plans that may need to submit an amended Plan prior to Plan approval with 

reasons provided

Plan Name Propose Activities 

with Discharge 

Potential -

(Require 401 

Certification or 

amended Plan)

(Y/N)

Propose to 

withdraw water 

from a stream and 

potentially increase 

stream 

temperatures, with 

no valid water right 

(Y/N)

Propose Suction 

Dredging in ESH 

Stream

(Y/N)

Belvadear Placer Y Y

Blue Sky/Bull Run

(Placer)

Y Y

Blue Smoke Placer Y

Lightning Placer Y Y

Little Cross 1 Placer Y

Old Eric 1&2 Placer Y

Olive Tone Placer Y

Tetra Alpha Placer Y

Tetra Alpha Mill & 

Lode

Y

 1 A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality 

standards, and an allocation of that load among the various sources of that pollutant. Pollutant sources are characterized as

either point sources that receive a wasteload allocation (WLA), or nonpoint sources that receive a load allocation (LA)." -

U.S. Environmental Protection Agency, 2011
Draft Record of Decision Granite Creek Watershed Mining Project

8

Selected Alternative 3

This decision is specific to the 28 Plans of Operations submitted by the miners and includes:

1. Authorizing approval of 28 mining Plans of Operations, pending any 401 certifications 

and valid water rights deemed necessary as a result of this analysis

2. Inclusion of Forest Service Requirements in Plans of Operations for protection of 

water quality, soils, fisheries and other resources (FEIS Appendices 2 and 12)

3. Inclusion of Monitoring Measures in Plans of Operations

4. Authorizing use of 4.18 miles of previously closed or decommissioned Forest Service 

roads (3.73 closed and .45 decommissioned)

5. Authorizing use of 8.21 miles of existing miner-created temporary roads

6. Authorizing use of 0.43 miles of new temporary roads created by the miner whether 

by blading or continued travel

7. Authorizing use of 10 existing fords on FS closed or existing miner-created roads

8. Authorizing construction of 1 new ford (1 ford at Tetra Alpha Placer)

9. Authorizing placement of 1 temporary bridge to be removed at the end of each 

operating season (Ruby Group)

10. Authorizing installation of 3 new gates (East Ten Cent Creek and Hopeful 2&3)

Alternative 3 includes the 28 Plans and activities identified in Appendices 1 and 2 of this 

ROD. The Plans of Operations included in this alternative are in the analysis file. Summaries 

of each proposed Plan of Operations can be found in FEIS Appendix 8. Map 1 at the end of 

this document displays locations of the Plans of Operations under Alternative 3.

All Plans would contain a variety of requirements to meet 36 CFR 228 Subpart A. All 

operations must meet all other applicable State and Federal laws, including but not limited to 

the Clean Water Act, the National Historic Preservation Act, the Archaeological Resource 

Protection Act, the Endangered Species Act, and all applicable State and Federal fire

regulations.

Monitoring requirements are specific to each Plan, except where State and Federal laws and 

regulations apply. Refer to ROD Appendix 3 for the Monitoring and Inspection Items included 

in Alternative 3.

Use of Closed, Decommissioned and Temporary Access Roads

ROD Appendix 2 displays a list of roads proposed for use under each alternative. The 

approved Plan of Operations will include a list of all access roads authorized for use by the 

miner.

Plan Expiration

Approval of all Plans would expire 10 years from the date the final ROD is signed. Approval 

may be extended if the miners are operating within their terms and NEPA compliance is still 

adequate and current at the time of extension. Prior to any extension, compliance with ESA 
Granite Creek Watershed Mining Project Draft Record of Decision

9

Section 7 consultation will be evaluated, and re-initiation may be necessary. The complete 

Plans of Operations are available in the analysis file. Summaries and sketch maps of the 

Plans can be found in FEIS Appendix 8.

Inclusion of Forest Service General Requirements

In addition to the protection measures and reclamation plans submitted by the miners under 

Alternative 2, each Plan will include General Requirements to meet minerals regulation 36 

CFR 228 Subpart A (228 Regulations) that are specific to each Plan’s activities. These 

General Requirements can be found in ROD Appendix 4 or FEIS Appendix 2. 

Inclusion of Forest Service Plan-Specific Resource Protection Measures

Unlike Alternative 2, under Alternative 3, additional Plan-specific Forest Service 

Requirements will be added to the Plans of Operations for protection of water quality, soils, 

fisheries and other resources. These Plan-specific Resource Protection Measures (RPMs)

can be found in ROD Appendix 1 or FEIS Appendix 11.

Inclusion of USFWS and NMFS Terms and Conditions

As a result of consultation for this project, final Terms and Conditions are expected to be

received from U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service 

(NMFS) in spring of 2016. The final Terms and Conditions will be incorporated into the Plans 

of Operations prior to Plan approval. Draft Terms and Conditions received from USFWS on 

February 2, 2016 and from NMFS on January 6, 2016 are included in ROD Appendix 5.

Rationale for the Decision

Alternative 3 was selected over Alternative 2 due to the need to reduce potential impacts 

from the proposed actions to meet the requirements of 36 CFR 228 and other mining-related 

regulations; WWNF and UNF Forest Plan direction including PACFISH MM1, MM2, MM3 and 

MM6; the Clean Water Act; and other laws, regulations and policies listed in the Chapter 1 of 

the FEIS.

Because Alternative 3 ensures reasonably minimized adverse environmental effects from the 

proposed mining activities, we conclude it best meets the purpose and need and responds to 

the significant issues of Water Quality and Fisheries. 

Purpose and Need

Alternative 3 meets the purpose and need by including requirements to prevent or reduce 

impacts from the proposed mining activities. The Plan-specific Resource Protection 

Measures established by the Forest Service (ROD Appendix 1), Forest Service General 

Requirements (ROD Appendix 4), NMFS and USFW Terms and Conditions (ROD Appendix 

5), and criteria included in the Decision Framework above, will minimize or eliminate the 

amount of disturbance to fish and fish habitat. They also address water temperature, 
Draft Record of Decision Granite Creek Watershed Mining Project

10

sediment, hazardous material spills, location of campsites, fire prevention and suppression,

adit discharge, wetlands and floodplains, ongoing and final reclamation, and use of closed, 

decommissioned and miner-created roads. These requirements meet the intent of PACFISH 

(1995) guidelines MM-1 through MM-3 and MM-6 (PACFISH 1995); Management Areas 18 

and C7 of the WWNF and UNF, respectively; and are also consistent with the intent of the 

Clean Water Act.

Significant Issues

Alternative 3 minimizes the potential for impacts to streams and fish from suction dredging. 

Suction dredging will not occur on Essential Salmon Habitat (ESH) streams or streams with 

naturally reproducing populations of bull trout in the Granite Creek Watershed, as they fall 

under the 2016 moratorium imposed by State Bill 838 (see FEIS Chapter 1). Only 2 Plans 

will be approved for suction dredging in this decision, Sunshine/McWillis and Yellow Jacket, 

as they are not located on ESH, nor are they located on streams with naturally reproducing 

populations of bull trout. These miners will adhere to the terms and conditions in the 2015 

State of Oregon 700PM permit to minimize impacts from suction dredging. 

Actions Proposed in Alternative 3 and how they respond to Significant Issues

Requiring 401 Certification and additional Requirements and Protection Measures

Water Quality (Significant Issue 1) 

The Water Resources section of the Chapter 3 of the FEIS responds to Issue 1 by clearly 

describing which proposed mining activities would result in a discharge of pollutants 

(sediment, heavy metals or warm water) into streams. While 18 Plans would result in a 

discharge of a pollutant under Alternative 2, only 2 Plans (Blue Sky/Bull Run and Belvadear) 

would result in a discharge of a pollutant (sediment) under Alternative 3 as a result of Planspecific RPMs (FEIS Chapter 3, Table 3-12).

 

Also, under Alternative 3, there will be a reduction in the length of time where there will be 

potential increased stream temperatures from water withdrawals due to the addition of Forest 

Service Fish Protection Measures related to water quality for the following Plans: Lightning 

(Lightning Creek), Tetra Alpha Placer (Boulder Creek) and Tetra Alpha Mill and Lode 

(Boulder Creek) (FEIS Appendix 11). These protection measures will limit withdrawals to 

before August 15 and prevent withdrawals anytime that the stream is dry below the 

operation. As a result, potential impacts to stream temperatures and stream flow will be 

reduced to the time period of about July 1 to August 15, the in-water work window 

established by Oregon Department of Fish and Wildlife.

http://www.dfw.state.or.us/lands/inwater/oregon_guidelines_for_timing_of_%20InWater_work

2008.pdf.

Also relative to Issue 1, under Alternative 3, the number of Plans with the potential for a 

discharge of sediment decreases from 16 to two as a result of the addition of Forest Service 

RPMs (FEIS Appendix 11) and General Requirements (FEIS Appendix 2). In the two 

remaining Plans with a discharge potential, both have a reduction in the number of proposed 

activities that result in a potential for a discharge. This is the result of the addition of Forest 

Service RPMs and General Requirements that will eliminate some of the discharge potential. 
Granite Creek Watershed Mining Project Draft Record of Decision

11

Examples of these RPMs and requirements include clarifying the starting point of stream 

buffer width measurements, and requiring a barrier of the straw bales/coils between the 

mining activity and the stream to prevent sediment from entering the creek (FEIS Appendices 

1B and 7). 

Fisheries (Significant Issue 2) 

Under Alternative 3, Forest Service Requirements and Protection Measures are predicted to 

reduce the potential for indirect effects to fish and fish habitat to an insignificant and nonmeasureable amount. Direct effects are limited by the small magnitude of some of the 

proposed activities distributed across the Granite Creek watershed (such as a limited number 

of fords and stream crossings or trips during the operating season and limited number of 

Plans proposing to withdraw water). Direct effects from suction dredging are limited by only 

seven Plans in the Granite Creek watershed (five of those in ESH) proposing the activity, and 

limits such as seasonal restrictions and distance between suction dredges, as set by the 

State of Oregon. Also, as stated above, due to the current moratorium on suction dredging in 

ESH streams, only 2 Plans will be approved for suction dredging in this decision. Table 3-39 

of the FEIS displays the Plan-specific effects to fish and fish habitat under Alternative 3, and 

includes rationale for the expected magnitude of those potential effects.

Inclusion of Monitoring Measures in Plans of Operations

In addition to the monitoring included in Alternative 2, Alternative 3 includes additional 

measures to ensure that miners have implemented all measures and requirements in FEIS 

Appendices 2 and 11, and that they are achieving the desired results. Alternative 3 also 

includes monitoring to ensure that reclamation activities are complete and successfully 

implemented on closed sites (ROD Appendix 3). This monitoring responds to both significant 

issues by limiting future impacts to water quality and fish from past and ongoing mining 

activities.

 

Authorizing use of closed Forest Service and miner-created temporary roads

Under Alternative 3, road miles with the potential for a discharge decrease from 1.2 miles to 

zero (FEIS Chapter 3, Table 3-14) because of the addition of Forest Service WRPMs and 

General Requirements. In addition, there will be no discharge potential from the two 

proposed Blue Sky/Bull Run Plan roads (0.14 miles) because of the addition of Forest 

Service WRPMs and General Requirements that will require that two proposed roads be 

located with input from the Forest Service and appropriate protection measures put into 

place. The Forest Service General Requirements provide directions for minimizing impacts 

to the soils and vegetation resources from roads (FEIS Appendix 2, Z-requirements). The 

WRPMs and General Requirements respond to both key issues by protecting water and fish 

resources from the use of roads during mining activities.
Draft Record of Decision Granite Creek Watershed Mining Project

12

Authorizing use of 10 existing fords and construction of 1 new ford

The majority of stream crossings will be on existing fords with only one new proposed ford 

under Alternative 3. General Requirement Z11 (FEIS Appendix 2) and site-specific Water 

Resources Protection Measures for fords (for examples see Blue Sky/Bull Run and Hopeful 2 

and 3) address direct and indirect effects from these ford crossings. The majority of ford 

improvements would have short-term effects associated with the hardening of fords. 

Construction of hardened fords can introduce sediment into stream channels and create a 

long-term reduction of potential for riparian vegetation. Sedimentation from areas disturbed 

from fording will be limited by rocking streambanks, burying the fine sediments and 

eliminating the sediment source that could easily reach the creeks (FEIS Appendix 7, pg. 64).

Also, stream crossings on streams with intermittent flow will only occur at Forest Service 

approved locations (General Requirement Z11). Direct effects are limited by the small 

magnitude of some of the activities distributed across the Granite Creek watershed, such as 

a limited number of fords and stream crossings or trips during the operating season (FEIS 

Chapter 3, Fisheries, p. 169). The WRPMs and General Requirements respond to both key 

issues by protecting water and fish resources from the use of fords to access mining 

operations.

Authorizing temporary bridge for Ruby Group

Under Alternative 3, the discharge potential for Alternative 2 would be eliminated from 

placement and removal of the ATV bridge because the Forest Service WRPM (ROD 

Appendix 11) for the Clear Creek ford will protect the banks from eroding and contributing 

sediment into Clear Creek. Therefore this activity is consistent with section 401 of the CWA.

The site-specific WRPMs for crossing Clear Creek respond to both key issues by protecting 

water and fish resources when crossing Clear Creek to access mining operations.

Under Alternative 3, installation of this bridge would be in compliance with PACFISH MM-2 

as a result of the addition of Forest Service WRPMs (ROD Appendix 11) that require 1) that 

the bridge be seasonally removed to prevent wood buildup behind it, and 2) that the ford 

approaches to Clear Creek be rocked. See FEIS Appendix 3 for a detailed discussion.

Authorizing installation of 3 new gates (East Ten Cent Creek and Hopeful 2&3)

Installation of the three gates proposed for the East Ten Cent and Hopeful 2&3 Plans under 

Alternative 3 would prevent public access to those operations, limiting impacts to surface 

resources from use of the access roads (FEIS Chapter 3, Access/Transportation). The gates 

respond to both key issues by protecting water and fish resources from the use of roads 

during mining activities.
Granite Creek Watershed Mining Project Draft Record of Decision

13

Public Involvement

Public involvement is a part of the process mandated by NEPA (40 CFR 1501.7), in order to 

identify issues and concerns related to the environmental impacts of the proposed action. 

On October 13, 2011, the Whitman Ranger District of the Wallowa-Whitman National Forest 

(WWNF) and the North Fork John Day Ranger District of the Umatilla National Forests (UNF) 

mailed a scoping letter for the Granite Creek Watershed Mining Plans proposal to interested 

parties, tribes, agencies, and miners in the Granite Creek Watershed. The Notice of Intent 

(NOI) to prepare this EIS was published in the Federal Register on October 11, 2011. The 

project was first listed in the April 2010 Wallowa-Whitman National Forest Schedule of 

Proposed Actions (SOPA). 

Both forests had previously initiated environmental analyses for proposed mining Plans of 

Operation (Plans) in the portions of the Granite Creek Watershed under their administration. 

As issues identified by each forest were similar, the responsible officials decided that 

combining the analysis into one EIS would be the most efficient way to complete the task. 

Requests for comments (scoping) for the preparation of the analysis began in October 2011. 

Scoping letters were sent to approximately 200 interested parties, including: individuals, 

groups, miners, county, State and Federal agencies, and local tribes. A list of interested 

parties to whom both letters were mailed and copies of the letters are located in the analysis 

file, as is a copy of the NOI. The letter included a table with a list of the mining operations 

that would be included in the EIS. Information obtained as a result of the scoping process is 

located in the Granite Creek Watershed Mining Plans EIS analysis file and was used to 

develop the issues and alternatives for this FEIS.

During the scoping process the following concerns and comments were received: impacts 

from road work, excavation, and water use; impacts to water quality, wildlife, management 

indicator species and threatened and endangered species (TES) and habitat; impacts to 

native vegetation, roadless areas and wilderness; potential spread of weeds; impacts from 

OHV use and camping; and adequacy of ESA Section 7 consultation. 

 

Several miners who submitted proposals for the DEIS requested Applicant Status (as 

authorized under the Endangered Species Act) to review and provide comment on the draft 

Granite Creek Watershed Mining Project Biological Assessment. A meeting between the 

Forest Service and the applicant status miners was held July 2, 2014 in La Grande, Oregon 

to clarify the contents of the draft biological assessment, and to discuss corrections to the 

miners’ proposed Plans. Follow up field visits with several of the miners and Forest Service 

personnel occurred in July 2014 to further clarify proposed activities. Two applicant status 

miners submitted comments to the Forest Service on the March 2015 draft Biological Opinion 

(BO) from USFWS and draft Terms and Conditions from National Marine Fisheries Service 

(NMFS). The Forest Service forwarded those comments to USFWS and NMFS for their 

consideration.

A Draft Environmental Impact Statement (DEIS) was released to the public with a legal notice 

of a 45-day public comment period published in the Baker City Herald February 20, 2015. A 

Notification of Availability of the DEIS was published in the Federal Register on February 20, 

2015. Comments received from the public, interested organizations, State and Federal 

agencies, in accordance with 40 CFR 1503.4, have been responded to in the FEIS, Appendix 

10.
Draft Record of Decision Granite Creek Watershed Mining Project

14

Tribal Consultation

On October 13, 2011, the Whitman Ranger District of the Wallowa-Whitman National Forest 

(WWNF) and the North Fork John Day Ranger District of the Umatilla National Forests (UNF) 

mailed a scoping letter for the Granite Creek Watershed Mining Plans proposal to the Nez 

Perce Tribe, the Warm Springs Tribe, and the Confederated Tribes of the Umatilla 

Reservation (CTUIR). Comments received from CTUIR during the analysis process were 

addressed. The DEIS was mailed to the same tribes on February 20, 2015. No comments on 

the February 20, 2015 DEIS were received from local tribes. 

The Granite Mining project was presented at the following meetings (USFS = WallowaWhitman, Umatilla, and Malheur National Forests):

USFS & CTUIR Wildlife and Cultural Committees/Program of Work Staff Meeting – 10/13/15

USFS & CTUIR Natural Resource Committee/Program of Work Staff Meeting – 7/10/15

USFS & CTUIR Natural Resource Committee/Program of Work Staff Meeting – 5/5/15

WWNF & Nez Perce Tribe Staff/Program of Work Staff Meeting – 2/11/15

USFS & CTUIR Staff/Project Specific Staff Meeting to discuss CTUIR comments – 11/17/14

USFS & CTUIR Board of Trustees/Program of Work Government-to-Government Meeting –

9/19/14

USFS & CTUIR Wildlife and Cultural Committees/Program of Work Staff Meeting – 7/15/14

USFS & CTUIR Natural Resource Committee /Program of Work Staff Meeting – 6/4/14

WWNF, UNF, Malheur NF, Mt.Hood NF, Willamette NF, & Confederated Tribes of Warm 

Springs Staff and Council/Program of Work Government-to-Government Meeting – 10/30/13

USFS & CTUIR Board of Trustees/Program of Work Government-to-Government Meeting –

8/23/13

USFS & CTUIR Wildlife and Cultural Committees/Program of Work Staff Meeting – 6/25/13

WWNF & CTUIR Staff/Project Specific Staff Meeting – 6/13/2013

USFS & CTUIR Natural Resource Committee/Program of Work Staff Meeting – 5/20/13

WWNF & Nez Perce Tribe Staff/Program of Work Staff Meeting – 4/4/13

USFS & CTUIR Board of Trustees/Program of Work Government-to-Government Meeting –

5/9/12

WWNF & Nez Perce Tribe Staff/Program of Work Staff Meeting – 4/24/12

USFS & CTUIR Wildlife and Cultural Committees/Program of Work Staff Meeting – 3/27/12

USFS & CTUIR Natural Resource Committee/Program of Work Staff Meeting - 2/22/12

Other Alternatives Considered 

In addition to the selected alternative, two alternatives were analyzed in detail and are briefly 

described below. Alternative 1 is the environmentally preferred alternative. A more detailed 

description of these alternatives can be found in Chapter 2 of the FEIS. 

Alternative 1 - No Action

In this analysis, this alternative maintains the current situation; it allows the ongoing Notice of 

Intent activities to continue in the watershed. None of the proposed Plans would be 

approved. 
Granite Creek Watershed Mining Project Draft Record of Decision

15

For analysis purposes only, selection of the No Action Alterative would result in the following:

• Miners who have proposed to renew/continue with previously approved Plans of 

Operations would initiate reclamation and closure requirements on their existing 

mining sites, structures and user-created roads, in accordance with the requirements 

of their previously authorized Plan of Operation.

• Miners who have proposed a Plan of Operations covered in this analysis would not 

receive authorization.

• Prospecting would continue as described under 36 CFR 228.4 provided it complies

with federal and state laws. In areas open to mineral extraction, other activities would 

continue as defined by 36 CFR 228.4(a)(1).

Alternative 2 – Plans of Operations as Submitted by the Miners

Alternative 2 would authorize the approval of the Plans of Operations (Plans) as submitted by 

the miners. The total number of Plans proposed for approval under this alternative is 28. 

The Plans of Operations included in this alternative are in the analysis file. Summaries and 

sketch maps of each proposed Plan of Operations can be found in Appendix 8.

Components of Alternative 2

• Authorizing approval of 28 mining Plans of Operations as submitted by the miners

(Note that Tetra Alpha Placer, Mill and Lode has been split into 2 Plans under this 

alternative (Tetra Alpha Placer and Tetra Alpha Mill & Lode) (FEIS Table 2-2), 

therefore the change from 27 Plans in Alternative 1, to 28 Plans in Alternative 2)

• Authorizing use of 4.71 miles of previously closed or decommissioned Forest Service

roads 4.26 closed and .45 decommissioned)

• Authorizing use of 8.98 miles of existing miner-created temporary roads

• Authorizing use of 0.3 miles of new temporary roads created by the miner whether by

blading or continued travel 

• Authorizing use of 11 existing fords on FS closed or existing miner-created roads

• Authorizing construction of 2 new fords (2 fords at Tetra Alpha Placer)

• Authorizing placement of 2 temporary bridges to be removed at the end of each

operating season (Bull Run Site #2 and Ruby Group)

• Authorizing installation of 3 new gates on non-system miner created roads (East Ten

Cent Creek and Hopeful 2&3)

Alternatives Not Analyzed in Detail

In addition to the alternatives described above, two alternatives were considered to address 

issues raised by the public. These alternatives were dismissed from detailed analysis 

because they would not reasonably meet the purpose and need for action or add complexity 

and expands the scope of the decision beyond what is needed to make a decision on the 

proposed mining operations. The themes of these alternatives included: 1) no mining, 
Draft Record of Decision Granite Creek Watershed Mining Project

16

reclamation only, existing claims bought out, and 2) addressing water quality problems in the 

Granite Creek Watershed through road closures and decommissionings. A more detailed 

description of these alternatives can be found in Chapter 2 of the FEIS. 

Why Alternative 1 Was Not Selected

No Plans of Operations would be authorized under Alternative 1, however notice of intent 

level activities would continue in the watershed. This alternative does not meet the purpose 

and need to ensure reasonably minimized adverse environmental effects on National Forest 

surface resources where mining claimants propose to conduct operations authorized by 

mining laws, because no Plans of Operations would be considered for approval. This 

alternative cannot be implemented, since Forest Service Regulations in 36 CFR 228, Subpart 

A, does not provide for denying a reasonable Plan of Operations on areas open to mineral 

extraction.

Why Alternative 2 Was Not Selected

Alternative 2 was not selected because it would have been less effective than Alternative 3 in 

minimizing adverse environmental effects on National Forest surface resources. Although 

this alternative would ensure miners followed existing laws, regulations and policies for 

conducting mining activities on national forest system lands, it does not include the General 

Requirements, Plan-specific resource protection measures and Decision Framework 

components that will further minimize or prevent potential impacts from the proposed mining 

activities.

Comparison of Alternatives

The difference between Alternative 2 and Alternative 3 is the difference between what was 

proposed in the Miner’s Plan of Operations, as submitted by the miner, and what the Forest 

Service proposed as changes to the miner’s proposal to meet requirements of 36 CFR 228. 

Under Alternative 3, all Plans would include Forest Service Requirements: General 

Requirements (FEIS Appendix 2), Plan-Specific Resource Protection Measures (FEIS 

Appendix 11), and Decision Framework components. Alternatives 2 and 3 also include 

proposals for use of Forest Service roads for mine access that are currently either closed or 

decommissioned, or are temporary non-system roads. Some of the roads proposed for use 

differ between Alternatives 2 and 3.

Refer to ROD Appendix 1 for a comparison of the operations by alternative.

Tables 2 through 4 display a summary of impacts to issues and resources through 

implementation of each alternative.
Granite Creek Watershed Mining Project Draft Record of Decision

17

Table 2: Comparison of Effects to Water Quality Issues/Key indicators 

for Water Quality

Alternative 1 Alternative 2 Alternative 3

# of Plans 

Operations with 

potential to 

discharge 

sediment into a 

creek

3 16 2

# of Plans 

Operations with 

potential to 

discharge heavy 

metals into a 

creek

0 3 0

# of Plans of 

Operations with 

potential to 

discharge warm 

water

0 1 0

# of Plans of 

Operations with

potential to 

discharge 

creosote

2 0 0

# of Plans 

Operations with 

potential to alter 

stream 

temperatures

0 5 5

# of Plans 

Operations with 

potential to alter 

stream flow

0 5 5

Table 3: Comparison of Alternatives for Fish Issues/Key indicators for Fish

Key Indicator Alternative 1 Alternative 2 Alternative 3

# of Plans of Operations 

with stream fording 0 9 9

# of Plans of Operations 

with suction dredging in 

fish habitat (acres of 

habitat)

0 5 5
Draft Record of Decision Granite Creek Watershed Mining Project

18

Table 4: Effects on Threatened, Endangered, and Sensitive Fish Species

(see FEIS Table 3-40 and 3-41 for Plan specific information)

By including Plan-specific Resource Protection Measures, General Requirements and 

Monitoring, this alternative meets the purpose and need of ensuring reasonably minimized 

adverse environmental effects on National Forest surface resources where mining claimants 

propose to conduct operations authorized by mining laws.

The Environmentally Preferable Alternative

In this ROD, we have described the Selected Alternative and given rationale for its selection. 

It is also required by law that one or more environmentally preferable alternatives be 

disclosed. The environmentally preferable alternative is not necessarily the alternative that 

will be implemented and it does not have to meet the underlying need for the project. It does, 

however, have to cause the least damage to the biological and physical environment and 

best protect, preserve, and enhance historical, cultural, and natural resources [Section 101 

NEPA; 40 CFR 1505.2(b)].

In the case of the Granite Creek Watershed Mining EIS, we have determined that the 

environmentally preferable alternative is Alternative 1 – the No Action Alternative. In this 

analysis, this alternative maintains the current situation; it allows the ongoing Notice of Intent 

activities to continue in the watershed. The 28 proposed Plans of Operations would not be 

approved, therefore 76 additional acres of new disturbance in the project area would not 

occur. However, this alternative does not meet the purpose and need to ensure reasonably 

minimized adverse environmental effects on National Forest surface resources where mining 

claimants propose to conduct operations authorized by mining laws because no Plans of 

Operations would be considered for approval. This alternative cannot be implemented, since 

Forest Service Regulations in 36 CFR 228, Subpart A, does not provide for denying a 

reasonable Plan of Operations.

Key Indicator Alternative 

1

Alternative 

2

Alternative 

3

# Plans of Operations Likely 

to Adversely Affect /LAA 

ESA Listed Fish Species 

and/or their Designated 

Critical Habitat

bull trout

# of Plans 0 11 9

Steelhead 

# of Plans 0 18 11
Granite Creek Watershed Mining Project Draft Record of Decision

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Findings Required by Other Laws and Regulations

This decision is consistent with all other current laws, regulations and policies guiding 

minerals activities on National Forest System lands including, but not limited to: the WallowaWhitman National Forest Plan; the Umatilla National Forest Plan, Forest Service Surface Use 

Regulations (36 CFR 228, Subpart A), the National Environmental Policy Act (NEPA); the 

National Forest Management Act; the Endangered Species Act (ESA); the 1872 General 

Mining Law; the Multiple Use Mining Act of 1955; the Clean Water Act; the Clean Air Act; the 

Preservation of American Antiquities Act; the National Historic Preservation Act; Civil Rights, 

Minorities and Women; Environmental Justice (EO 12898); and Executive Orders 11988 and

11990.

Wallowa-Whitman National Forest Land and Resource Management Plan (Forest 

Plan)

The decision to select Alternative 3 is consistent with the intent of the Forest’s longterm goals and objectives listed in Chapter 4 of the Forest Plan. The projects were 

designed in conformance with Forest Plan standards and incorporated appropriate 

Forest Plan guidelines for mining activities as well as pertinent Management Area 

direction (WWNF Forest Plan, pgs. 4-33 and 4-34).

Umatilla National Forest Land and Resource Management Plan

The decision to select Alternative 3 is consistent with the intent of the Forest’s longterm goals and objectives listed in Chapter 4 of the Forest Plan. The projects were 

designed in conformance with Forest Plan standards and incorporated appropriate 

Forest Plan guidelines for mining activities as well as pertinent Management Area 

direction (Umatilla NF Forest Plan, pg. 4-3 # 19).

PACFISH

The WWNF and UNF Forest Plans were amended in 1995 to include PACFISH (USDA and 

USDI 1995). PACFISH is an Aquatic Conservation Strategy (ACS) that uses a whole 

watershed strategy to protect and restore anadromous fish habitat, while also indirectly 

protecting non-anadromous fish, including bull trout. The WWNF Forest Plan Regional 

Forester’s Amendment #4 specifically includes INFISH (almost identical to PACFISH but 

covers non-anadromous fish and its habitat). The Granite watershed is an anadromous 

watershed and therefore falls under the PACFISH strategy. This approach is consistent with 

INFISH, and thus the proposed activities in the WWNF portion of the Granite watershed 

under Alternative 3 are in compliance with INFISH and Amendment #4. Only PACFISH will 

be addressed in the rest of this document, and compliance with INFISH can be assumed 

whenever compliance with PACFISH is noted.

PACFISH is an interim habitat protection and restoration strategy designed to protect and 

improve aquatic health using riparian habitat conservation areas (RHCAs) and riparian 
Draft Record of Decision Granite Creek Watershed Mining Project

20

management objectives (RMOs). Alternative 3 complies with PACFISH standards and 

guidelines specific to Mineral Management that are relevant to this project (MM1, 2, 3 and 6).

With the addition of Forest Service Requirements, none of the potential 

direct/indirect/cumulative effects would prevent attainment of PACFISH Riparian 

Management Objectives (HUC 6) or steelhead/redband and bull trout trout population 

viability. Application of PACFISH direction would maintain or improve fish habitat conditions 

in the analysis area; therefore there would not be adverse modifications to critical habitat or 

adverse effects to listed fish, as per applicable PACFISH objectives and guidelines (FEIS, 

Chapter 3, Fisheries). 

Fish Management Indicator Species (MIS)

Given the magnitude of activity, area of disturbance and widespread distribution of activities 

(Tables 3-29, 3-30 and 3-31) and Forest Service General Requirements, mining activities 

under Alternative 3 may impact MCR Steelhead and Interior Redband Trout and their habitat, 

but is not likely to result in a trend toward federal listing and continued viability is expected on 

the UNF and WWNF (Tables 3-33 and 3-34).

Wildife MIS

The small scale of disturbance from mining activities may temporarily displace individuals but 

will not be large enough to affect populations of any MIS wildlife species, nor would the 

effects from the activities jeopardize the viability of any of the MIS wildlife species (FEIS, 

Chapter 3, Wildlife).

Forest Service Surface Use Regulations (36 CFR 228, Subpart A)

Plans of Operations in the Granite Creek Watershed are consistent with the rules and 

procedures for use of the surface of National Forest System lands in connection with mining 

operations. 

The National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190)

NEPA establishes the format and content requirements for environmental analysis and 

documentation. The entire process of preparing the DEIS and FEIS was undertaken to 

comply with NEPA.

The National Forest Management Act (NFMA) of 1976 (P.L. 94-588)

We find this decision to be consistent with the Wallowa-Whitman and Umatilla National 

Forest Plans and with the requirements of the National Forest Management Act implementing 

regulations; specifically:
Granite Creek Watershed Mining Project Draft Record of Decision

21

The Endangered Species Act (ESA) of 1973, as amended

A Biological Assessment (BA) was prepared for ESA threatened MCR summer steelhead 

and Columbia River bull trout and their designated critical habitat (DCH). A draft review 

Biological Opinion and Terms and Conditions was received from USFWS on February 2, 

2016, and draft Terms and Conditions from NMFS on January 6, 2016. Effects 

determinations for ESA species in the Granite Creek Watershed Mining Plans are 

documented in the BA and FEIS Chapter 3, Fisheries. The Biological Assessment found that 

activities proposed in the Plans will have “No Effect”, “May Affect, but are Not Likely to 

Adversely Affect”, or “May Affect, and are Likely to Adversely Affect” on ESA listed species 

and their DCH. Final Biological Opinions are expected from USFWS and NMFS in the spring 

of 2016.

Under ESA Section 7 regulations and consistent with provisions of section 7 (a)(3), (b) and 

(c), Applicants have been designated for the Granite Mining Project (letters in project 

file). Applicant involvement includes a meeting with the UNF and WWNF July 2, 2014 to 

discuss the draft Biological Assessment, and opportunities to review updated Biological 

Assessments, review draft Biological Opinions and draft Terms and Conditions. Draft review 

documents were mailed to Applicants June 30, 2015, December 21, 2015 and February 12, 

2016, along with postings on the WWNF website).

Biological evaluations were prepared for sensitive species as identified by the Regional 

Forester. The evaluations determined that while there may be impacts to individual species, 

those effects are not likely to contribute to a trend towards federal listing or loss of viability of 

the population or species (FEIS Chapter 3, Table 3-36).

1872 General Mining Law as amended (30 USC 22, et seq.)

This decision, as well as the Purpose and Need, Proposed Action, and each action 

alternative in the FEIS, is consistent with the mining laws.

Multiple Use Mining Act of 1955

The decision is consistent with the Multiple Use Mining Act, in that it responds to activities 

reasonably incident to mining by placing reasonable mitigations in order to protect surface 

resources, allowing the miners to meet their objectives, and not preclude future opportunities 

to further develop the claims.

The Federal Water Pollution Control Act of 1972 (P.L. 92-500) as amended in 

1977 (P.L. 95-217) and 1987 (PL 100-4), also known as the federal Clean Water 

Act

The Selected alternative will meet and conform to the Clean Water Act as amended, and 

meets the anti-degradation standards agreed to by the State of Oregon and the Forest 

Service, Region 6, in a memorandum of understanding (Forest Service Manual 1561.5, 

Memorandum of Understanding Number: 02-MU-11060000-141.) This act establishes a 

non-degradation policy for all federally proposed projects accomplished mainly through 
Draft Record of Decision Granite Creek Watershed Mining Project

22

planning, application, and monitoring of best management practices (BMPs). Identification of 

BMPs is mandated by Section 319 of the Water Quality Act of 1987, which states: “It is 

national policy that programs for the control of non-point sources of pollution be developed 

and implemented." Plan-specific Resource Protection Measures and General Requirements 

will be added to each Plan of Operation and designed to protect beneficial uses. 

To ensure consistency with Section 401 of the Clean Water Act, if a 401 certificate and/or 

valid water right is not secured, the Plan will not be approved until an amended Plan is 

submitted to the Forest Service that excludes the proposed activity(s) requiring 401 

certification and/or valid water rights (FEIS Chapter 1, Decision Framework).

The Clean Air Act, as amended in 1990

This decision is consistent with the Clean Air Act. This project will have no impact on air 

quality. No fuel treatments are planned, so there will be no smoke emissions from the 

burning of fuels (FEIS, pg. 317).

Preservation of American Antiquities Act of 1906

Operations within the boundaries of Plans of Operations in the Granite Creek Watershed 

shall be conducted to prevent damage to historic monuments or objects of antiquity. The 

operator shall stop all operations and notify the Forest Service of any discovery of cultural 

resources. 

The National Historic Preservation Act

Both forests consulted with the Oregon State Historic Preservation Office (SHPO) for this 

project. Concurrence with a "no historic properties adversely affected" determination was 

received for the Wallowa-Whitman National Forest from SHPO on February 24, 2014. 

Consultation between the Umatilla National Forest and SHPO is currently ongoing and a 

determination of “no historic properties adversely affected” is expected spring 2016.

If unexpected cultural resources are encountered during project implementation, these 

resources will be protected from disturbance and evaluated for eligibility for inclusion on the 

National Register of Historic Places. Significant resources will be avoided or mitigated as 

described below. In accordance with 36 CFR 800 and Section 106 of the National Historic 

Preservation Act (1966), all unevaluated sites will be avoided pending determination of 

eligibility for listing on the National Register of Historic Places by the Forest Service and 

consultation with the Oregon State Historic Preservation Office, affected tribes and other 

consulting parties. All eligible and unevaluated sites will be protected throughout the life of 

the project if possible. Protection of these sites, in most cases, shall be accomplished 

through avoidance by ground-disturbing activities or by following the Secretary of Interior’s 

Guidelines for Historic Preservation.

If protection or avoidance of significant cultural resources is not possible, mitigation 

measures will be developed in consultation with the Forest Service and the Oregon State 
Granite Creek Watershed Mining Project Draft Record of Decision

23

Historic Preservation Office, affected tribes, other consulting parties, and in some cases the 

Advisory Council on Historic Preservation.

In an effort to protect historic structures, the removal of any eligible or unevaluated building 

from a claim location will be considered a separate undertaking and as such will be consulted 

on as a separate project. What this means is that a separate consultation with SHPO will be 

initiated when and if these structures are to be removed. In conjunction with this effort, those 

buildings that are currently eligible or unevaluated will be considered eligible for this current 

project (Granite Mining EIS) and will be maintained as to preserve the potential historic 

nature of the buildings following the Secretary of Interior’s Guidelines for Historic 

Preservation.

Civil Rights, Women, and Minorities

Adverse effects on civil rights, women and minorities not already identified in the FEIS for the 

WWNF and UNF forest plans are not expected from implementing the selected alternative. 

To the greatest extent possible, all populations have been provided the opportunity to 

comment before decisions are rendered on proposals and activities affecting human health 

or the environment. The proposals within this EIS would not have a direct or indirect 

negative effect on minority or low-income populations.

Environmental Justice

On February 11, 1994, President Clinton signed Executive Order 12898. This order directs 

each Federal agency to make achieving environmental justice part of its mission by 

identifying and addressing, as appropriate, disproportionately high and adverse human 

health or environmental effects of its programs, policies, and activities on minority 

populations and low-income populations. The President also signed a memorandum on the 

same day, emphasizing the need to consider these types of effects during NEPA analysis. 

On March 24, 1995, the Department of Agriculture completed an implementation strategy for 

the executive order. Where Forest Service proposals have the potential to disproportionately 

adversely affect minority or low-income populations, these effects must be considered and 

disclosed (and mitigated to the degree possible) through the NEPA analysis and 

documentation. Effects on the human environment from implementation of the decision in 

this ROD are expected to be similar for all human populations, regardless of nationality, 

gender, race, or income. While minority groups exist in the area, they are not considered 

environmental justice populations (FEIS, Chapter 3, Table 3-65).

Wetlands and Floodplains

Executive Order 11988 requires government agencies to take actions that reduce the risk of 

loss due to floods, to minimize the impact of floods on human health and welfare, and to 

restore and preserve the natural and beneficial values served by floodplains. Wetlands and 

floodplains are affected by the decision in this ROD. Some mining projects will occur within 

100-year floodplains, however, the requirements in the Selected Alternative minimize 
Draft Record of Decision Granite Creek Watershed Mining Project

24

impacts. Existing wetlands and floodplains have been altered over time (over one century) of 

mining activity. 

Executive Order 11990 requires that government agencies take action to minimize the 

destruction, loss, or degradation of wetlands. Streamside riparian areas, seeps, springs, and 

other wet habitats exist within the project areas of the Plans of Operations authorized under 

this decision. Some activities will occur within those areas. 

Under Alternative 3, all Plans would be in compliance with EO 11990 (Floodplains) and EO 

11988 (Wetlands). This is the result of the addition of Forest Service WRPMs and/or General 

Requirements W1-3 (FEIS, Chapter 3, Table 3-21).

Consultation with Indian Tribes/Protection of Treaty Resources

Potentially affected Tribes were contacted during the analysis process (FEIS Chapter 1, 

Public Involvement). 

Certain rights and privileges were reserved by the Confederated Tribes of the Umatilla Indian 

Reservation, Confederated Tribes of the Warm Springs Reservation and the Nez Perce Tribe 

by virtue of the treaties of 1855. These treaties resulted in cession by the Tribes to the 

United States of a large territory that includes the entire Umatilla National Forest and 

approximately two-thirds of what is now the Wallowa-Whitman National Forest. The treaties 

provide that the Tribes will continue to have the rights of taking fish in streams running 

through and bordering the reservations and at all other usual and accustomed stations in 

common with other citizens of the United States. Further, the tribes retain the right of erecting 

suitable or temporary buildings for fish curing as well as the privilege of hunting, gathering 

roots and berries, and pasturing stock on unclaimed lands. These rights remain unaffected, 

and were considered in the analysis. 

Implementation

Before implementation of the Plans of Operations, each operator must submit a signed Plan 

of Operations which incorporates the requirements identified in the decision to minimize 

adverse environmental effects resulting from the operations, and must agree to a reclamation 

bond specific to their Plan. 

Procedure for Change During Implementation

Minor changes may be needed during implementation to better meet on-site resource 

management protection objectives.

In determining whether and what kind of further NEPA action is required, the Responsible 

Officials will consider the criteria for whether to supplement an existing environmental impact 

statement in 40 CFR 1502.9(c) and FSH 1909.15, sec. 18, and in particular, whether the 

proposed change is a substantial change to the intent of the Selected Alternative as planned 

and already approved, and whether the change is relevant to environmental concerns. 
Granite Creek Watershed Mining Project Draft Record of Decision

25

Connected or interrelated proposed changes regarding particular areas or specific activities 

will be considered together in making this determination. The cumulative impacts of these 

changes will also be considered. 

Administrative Review Objection Opportunity

This project is subject to pre-decisional administrative review pursuant to 36 CFR 218, 

Subparts A and B, also called the “objection process.” The predecisional administrative 

review process replaced the appeal process in March of 2013. The objection process 

provides an opportunity for individuals and organizations to file an objection to a project 

before the final decision is signed. This allows interested individuals and organizations to 

advise the Deciding Officials about concerns regarding the final decision before the decision 

is made.

Who may file an Objection?

Only individuals or organizations that submitted specific written or oral comments during a 

designated opportunity for public participation (in this case, during the scoping period and 45-

day public comment period on the DEIS) may object (36 CFR 218.5). Notices of objection 

must meet the requirements of 36 CFR 218.8. Objections can be submitted in writing, either 

electronically or in hard copy but must be filed with the Reviewing Officer within 45 days from 

the date of this publication of notice of the opportunity to object in the Baker City Herald and 

the East Oregonian. The publication date is the exclusive means for calculating the time to 

file an objection. Those wishing to file an objection to this decision should not rely upon dates 

of timeframe information provided by any other source.

What must an Objection include?

Minimum requirements of an objection are described at 36 CFR 218.8(d). An objection must 

include a description of those aspects of the proposed project addressed by the objection, 

including specific issues related to the proposed project; if applicable, how the objector 

believes the environmental analysis or draft decision specifically violates law, regulation, or 

policy; suggested remedies that would resolve the objection; supporting reasons for the 

reviewing officer to consider; and a statement that demonstrates the connection between 

prior specific written comments on the particular proposed project or activity and the content 

of the objection, unless the objection concerns an issue that arose after the designated 

opportunities for comment. 

Incorporation of documents by reference is not allowed, except for the following list of items 

that may be referenced by including date, page, and section of the cited document, along 

with a description of its content and applicability to the objection: 1) all or any part of a federal 

law or regulation; 2) Forest Service directives and land management plans; 3) documents 

referenced by the Forest Service in the subject EIS; or 4) comments previously provided to 

the Forest Service by the objector during public involvement opportunities for the proposed 

project where written comments were requested by the responsible official. All other 
Draft Record of Decision Granite Creek Watershed Mining Project

26

documents must be included with the objection. 

Issues raised in objections must be based on previously submitted specific written comments 

regarding the proposed project or activity and attributed to the objector, unless the issue is 

based on new information that arose after the opportunities for comment. The burden is on 

the objector to demonstrate compliance with this requirement for objection issues.

How and when can an Objection on the Draft Record of Decision be filed?

The reviewing officers for this project are Tom Montoya, Forest Supervisor, WallowaWhitman National Forest, and Genevieve Masters, Forest Supervisor, Umatilla National 

Forest. Only one objection submitted to either reviewing officer is needed.

Written objections, including any attachments, must be filed with either of the reviewing 

officers within 45 days following the publication date of the legal notice of the Final EIS in the 

Baker City Herald and the East Oregonian newspapers.

Objections may be sent as follows: 

Postal delivery (via USPS) to Reviewing Officer, Forest Supervisor Tom Montoya, 

Wallowa-Whitman National Forest Headquarters, Attn: 1570 Appeals and Objections, 

1550 Dewey Avenue, Suite A, Baker City, OR 97814, or to Reviewing Officer, Forest 

Supervisor Genevieve Masters, Umatilla National Forest Headquarters, 72510 Coyote 

Road, Pendleton, Oregon 97801. Objections delivered by mail must be received before 

the close of the fifth business day after the objection filing period.

Emailed to objections-pnw-wallowa-whitman@fs.fed.us or to objections-pnwumatilla@fs.fed.us with OBJECTION and “Granite Creek Watershed Mining Project” in 

the subject line. Electronic objections must be submitted as part of an actual email 

message, or as an attachment in Microsoft Word (.doc, docx), rich text format (.rtf), or 

portable document format (.pdf) only. Emails submitted to addresses other than the ones 

listed above or in formats other than those listed above or containing viruses will be 

rejected. It is the responsibility of the objector to confirm receipt of objections submitted 

by electronic mail. For electronically mailed objections, the sender should normally 

receive an automated electronic acknowledgement from the agency as confirmation of 

receipt. If the sender does not receive an automated acknowledgement of receipt, it is the 

sender’s responsibility to ensure timely receipt by other means;

Hand delivered to Forest Supervisor Tom Montoya, Objection Reviewing Officer, 

Wallowa-Whitman National Forest Headquarters, Attn: 1570 Appeals and Objections, 

1550 Dewey Avenue, Suite A, Baker City, OR 97814, or to Forest Supervisor Genevieve 

Masters, Objection Reviewing Officer, Umatilla National Forest Headquarters, Attn: 1570 

Appeals and Objections, 72510 Coyote Road, Pendleton, Oregon 97801. Hand deliveries 

can occur between 8:00 AM and 4:30 PM, Monday – Friday, except legal holidays

Faxed to Forest Supervisor Tom Montoya at (541) 523-6392 or to Forest Supervisor 

Genevieve Masters at (541) 278-3730 with OBJECTION and “Granite Creek Watershed 

Mining Project” noted on the cover sheet.

Objections, including names, physical addresses, email addresses, or other personal 
Granite Creek Watershed Mining Project Draft Record of Decision

27

information provided, will be part of the public record for this proposed action. Comments 

submitted anonymously will be accepted and considered; however, anonymous comments 

will not provide the respondent with standing to participate in subsequent administrative or 

judicial reviews.

Operators Administrative Review Opportunities

Mine operators affected by this decision may file an objection under 36 CFR 218 (as 

described above) and may file appeal of the final Record of Decision (ROD) under 36 CFR 

214.4(a) after the final ROD is signed.

Implementation Date

Implementation will begin after the final decision is signed.

Contact

For further information about the Granite Creek Watershed Mining FEIS, this Draft Record of 

Decision, or the administrative review process, contact Sophia Millar, Environmental 

Coordinator, Wallowa Mountains Office, 201 East Second Street / PO Box 905

Joseph, OR 97846, (541) 263-1735, or smillar@fs.fed.us.

______________________________________________________________________ 

Jeff Tomac Date

Whitman District Ranger

Wallowa-Whitman National Forest

______________________________________________________________________ 

Ian Reid Date

North Fork John Day District Ranger

Umatilla National Forest
Appendix 1 Granite Creek Watershed Mining Draft ROD

28
Granite Creek Watershed Mining Draft ROD Appendix 1

29

Appendix 1 - Summary of Approved Activities, Protection Measures, and Requirements 

by Plan

Plan/Type/

Forest

Activities 

Approved in ROD

Access 

Approved in 

ROD*

Protection Measures and Requirements in ROD

Altona

(Placer)

WWNF

Action: 

Placer mining and 

gravity processing 

along the north side 

of the creek. 

Construct 2 ponds. 

Dig and rehab a 

series of test pits 

throughout the area 

(20’x20’x10’deep). 

Access: 

Use existing 

rather than 

decommissione

d roads to 

access area. 

(see ROD 

Appendix 2)

Create 0.05 

miles of 

temporary 

access road to 

access work 

site.

1. Measurement of the buffer would start at the top of the valley floor terracechannel bank break in slope of the side channel (See FEIS Appendix 1A and 

Figures 1A-2 and 1A-3 for explanations of this feature). 

2. Put straw bales/coils on the valley floor between the activity site and the 

creek [side channel]

All General Requirements apply except lode requirements 

Refer to ROD Appendix 3 for all required monitoring and inspection items 
Appendix 1 Granite Creek Watershed Mining Draft ROD

30

Appendix 1 - Summary of Approved Activities, Protection Measures, and Requirements 

by Plan

Plan/Type/

Forest

Activities 

Approved in ROD

Access 

Approved in 

ROD*

Protection Measures and Requirements in ROD

Belvadear

Group 

(Placer)

WWNF

Action: 

Placer mining and 

gravity processing 

along the east side 

of the creek. Use of 

existing ponds. Up 

to 1⁄4 acre could be 

worked at a time.

Access: 

Existing FS 

roads, existing 

temporary 

roads.

Create 0.07 

miles of 

temporary 

access road to 

access work 

site Blue Sky 

site 3.

No WRPMs could be identified that would prevent a discharge of sediment 

into Olive Creek given the location of the proposed mining in the riparian area. 

A discharge potential remains, therefore either a 401 certification is needed, 

or the Plan will not be approved until an amended Plan is submitted to the 

Forest Service that excludes activities requiring 401 certification.

Due to the potential for elevated stream temperatures from water withdrawals, 

if a valid water right is not secured, the Plan will not be approved until an 

amended Plan is submitted to the Forest Service that excludes the proposed 

water withdrawal.

All General Requirements apply except lode requirements

Refer to ROD Appendix 3 for all required monitoring and inspection items

Blue 

Sky/Bull Run 

(Placer)

WWNF

Action:

Placer mining and 

gravity processing 

of revegetated 

dredge tailings. Up 

to 1/5 acre will be 

worked at a time to 

process up to 5 

Access: 

County road 

24, existing FS 

roads, 

development of 

existing and 

designated 

temporary 

Water Resources Protection Measures

Blue Sky/Bull Run (Blue Sky site #2)

1. Place straw bales/coils along the low berm that separates the activity 

site from Swamp Creek to increase the effectiveness of the low berm.

Blue Sky/Bull Run (Blue Sky site #3)
Granite Creek Watershed Mining Draft ROD Appendix 1

31

cubic yards a day. 

Use of existing 

ponds. Suction 

dredging in Bull 

Run Creek.

roads to work 

each site. 

Create 

temporary 

access 0.20 

miles of 

temporary 

access road to 

access Bull 

Run site 2 

without the 

need for a 

temporary 

flatbed bridge 

(as proposed 

under Alt 2).

Ford Use 

2 existing fords 

on Bull Run & 

Swamp Creek 

(2-3 months in 

summer)

Heavy 

equipment:

2-4 round trips 

per season 

Other vehicles 

(pickup truck):

2-5 round trips 

per day

1. Measurement of the buffer would start at the top of the valley floor 

terrace-channel bank break in slope of the side channel (See FEIS 

Appendix 1A and Figures 1A-2 and 1A-3 for explanations of this 

feature). 

2. Put straw bales/coils on the valley floor between the activity site and 

the side channel of Bull Run Creek.

3. The test hole must be filled in at the end of each season and the 

disturbed area seeded and covered with straw.

4. Straw bales will be staked on the valley floor where the mining 

occurred in a pattern to disperse stream flows during the Spring high 

flows and prevent concentrated flows that could erode the disturbed 

area. 

Blue Sky/Bull Run (Blue Sky site #4)

1. Measurement of the buffer would start at the top of the valley floor 

terrace-channel bank break in slope (See FEIS Appendix 1A and 

Figures 1A-2 and 1A-3 for explanations of this feature). 

2. Miner’s protection measure related to straw bales applies to this site 

because the site is adjacent to Bull Run Creek. 

Blue Sky/ Bull Run (Bull Run site #1)

1. Measurement of the 30 foot buffer would start at the top of the valley 

floor terrace-channel bank break in slope (See FEIS Appendix 1A and 

Figures 1A-2 and 1A-3 for explanations of this feature). 

2. Miner’s protection measure related to straw bales applies to this site 

because site is adjacent to Bull Run Creek. 

Blue Sky/ Bull Run (Bull Run site #2)

1. Measurement of the buffer would start at the top of the valley floor 

terrace-channel bank break in slope (See FEIS Appendix 1A and 

Figures 1A-2 and 1A-3 for explanations of this feature). 
Appendix 1 Granite Creek Watershed Mining Draft ROD

32

2. Miner’s protection measure related to straw bales applies to this site 

because site is adjacent to Bull Run Creek. 

3. Temporary bridge: The bridge would be replaced with a two-track road 

[proposed 7375-M1b] would be made to access the site through the 

forest. Location of the two-track would be determined with input from 

the Forest Service.

Fords

Swamp Creek ford: Rock and slope ford approaches

Transportation Protection Measures

To prevent the public from using temporary mine access Road 7355-M1a, 

the miner will maintain the berm as an effective road closure, or if multiple 

trips will be made on Road 7355-M1a throughout the season, the miner 

will install a gate according to Forest Service specifications (project file).

Cultural Resource Protection Measures 

Blue Sky 2: To protect and preserve the historic integrity of the handpiled tailings adjacent to the south side of the Blue Sky 2 work area, 

conduct mining activities to avoid the hand-piled tailings adjacent to this 

work area with a 30-foot buffer. The hand-piled tailings are not located 

within the proposed work area. 

Wildlife Protection Measures

Ponds

Source water pond: General Requirement R15 does not apply. Do NOT 

reclaim as it provides wildlife habitat 
Granite Creek Watershed Mining Draft ROD Appendix 1

33

Settling pond: General Requirement R15 does not apply. Do NOT 

reclaim as it provides wildlife habitat 

ODEQ requirements related to Suction Dredging

Bull Run Creek has been identified as essential salmon habitat. Suction 

dredge mining is currently not authorized on essential salmon habitat 

streams until 2021 as a result of the State moratorium. Should the 

moratorium be lifted prior to 2021, the miner will adhere to the terms and 

conditions listed in the ODEQ 700PM permit that is in place at that time. 

This Plan will not be approved until the moratorium on suction dredging is 

lifted, or until an amended Plan is submitted to the Forest Service that 

excludes the proposed suction dredging.

All General Requirements apply except lode requirements

Refer to ROD Appendix 3 for all required monitoring and inspection items

Blue Smoke

(Placer)

UNF

Action: 

Placer mining and 

gravity processing 

of the high bank 

area on the north 

side of the 

powerline road. A 

series of holes 

20’x25’x10’deep 

will be dug. Use of 

existing ponds. 

Suction dredge in 

Granite Creek

Access: 

Existing power 

line access 

road on FS 

land.

Water Resources Protection Measures

Processing site

Water level must stay at consistent elevation in both the processing and

overflow settling pond (Pond #3) and must maintain the existing difference 

in water surface elevations between ponds to prevent a change in 

subsurface water elevation through the fill. 

Wildlife Protection Measures

Ponds 

Source water and settling ponds: General Requirement R15 does not 

apply. Do NOT reclaim as it provides wildlife habitat 

ODEQ requirements related to Suction Dredging

Granite Creek has been identified as essential salmon habitat. Suction 

dredge mining is currently not authorized on essential salmon habitat 
Appendix 1 Granite Creek Watershed Mining Draft ROD

34

streams until 2021 as a result of the State moratorium. Should the 

moratorium be lifted prior to 2021, the miner will adhere to the terms and 

conditions listed in the ODEQ 700PM permit that is in place at that time. 

This Plan will not be approved until the moratorium on suction dredging is 

lifted, or until an amended Plan is submitted to the Forest Service that 

excludes the proposed suction dredging.

All General Requirements apply except lode requirements

Refer to ROD Appendix 3 for all required monitoring and inspection items

Bunch 

Bucket

(Placer)

UNF

Action:

Placer mining and 

gravity processing. 

Trenches 

(2’x200’x8’) deep 

will be dug in order 

to process 600 

cubic yards per 

year. 

Access:

Existing FS 

roads, existing 

temporary 

roads, and new 

designated 

temporary 

roads to work 

the site.

Water Resources Protection Measures

No activity in the very small creek mentioned in the Plan (site 1) would 

occur without first receiving input from the minerals administrator and 

district hydrologist and appropriate WRPMs identified and implemented.

Cultural Resource Protection Measures 

To protect and preserve the historic integrity of the two historic sites 

located on the edge of the work area, the miner will avoid the sites with a

30-foot buffer. The two historic sites are not located within the proposed 

work area.

To protect and preserve the historic integrity of the cabin, shed and

outhouse, all of which are owned and used by the miner for Plan activities, 

the miner and Forest Service will work together to maintain the historic 

appearing character of the existing buildings.

All General Requirements apply except lode requirements

Refer to ROD Appendix 3 for all required monitoring and inspection items

City Limits

(Placer)

Action: Access: Wildlife Protection Measures 
Granite Creek Watershed Mining Draft ROD Appendix 1

35

WWNF Placer mining of 

the high bank along 

the gravel and 

gravity processing 

at existing dredge 

ponds. Pits will be 

dug (20’x30x8’ 

deep) in order to 

processing 3-5 

cubic yards per 

day. 

. 

Existing FS 

roads and 

existing 

temporary 

roads

Ponds

Source water pond and settling ponds: General Requirement R15 does 

not apply. Do NOT reclaim as it provides wildlife habitat 

All General Requirements apply except lode requirements

Refer to ROD Appendix 3 for all required monitoring and inspection items

East Ten 

Cent 

(Placer)

UNF

Action: 

Placer mining 

along the west side 

of the creek. Pits 

will be dug (12’x10’ 

deep) in order to 

get processing 

material. 

Continued use of 

existing structures. 

Access:

Existing FS 

roads (UNF 

closed), 

existing 

temporary 

roads and 

develop a new 

temporary road 

to work site. 

Two gates for 

temporary road 

access.

Water Resources Protection Measures

1. Equipment access to the mining site will be limited to use of the FS 

7350-070 road, 7350-E1a and designated, miner-created two tracks. 

2. A berm of straw bales (1-2’ high) will be placed between the mining 

activity and the edge of the bench along the creek. 

3. Waste rock will not be placed on the berm but temporarily on the 

south side of the two-track shown on the site map, in the grassy 

meadow.

4. The area to be mined will be worked from the south end to the 

north end. This allows the bench to be enlarged at the north end prior to 

any activity in this portion of the cutbank.

Wildlife Protection Measures 

Ponds

Source water pond and settling pond: General Requirement R15 does not 

apply. Do NOT reclaim as it provides wildlife habitat 

All General Requirements apply except lode requirements
Appendix 1 Granite Creek Watershed Mining Draft ROD

36

Refer to ROD Appendix 3 for all required monitoring and inspection items

Eddy 

Shipman

(Lode & 

Placer) 

UNF & 

WWNF

Action: 

Lode exploration & 

placer mining. 

Gravity processing 

of placer material. 

Milling (with an 

arrastra) and 

gravity processing 

of underground 

lode material. 

Some off-Forest 

processing. 

Existing ponds. 

Development of 

Mill site in order to 

process 5 cubic 

yards per day. 

Continued use of 

existing structures.

Access: 

Existing FS 

roads along 

with the 

development of 

existing 

temporary 

roads to work 

the site. 

Existing ford on 

Olive Creek. 

Existing FS 

gate & 

barricade.

Ford Use (2-4 

months of 

summer)

Heavy 

equipment:

2-4 round trips 

per season to 

bring 

equipment in 

and out. 

1-2 round trips 

per week to 

haul material to 

processing site.

Other 

vehicles: 

Water Resources Protection Measures

Ford 

1. The channel bed must be stable and the water depths must be below 

the frame on the vehicle before the ford can be used in order to 

ensure that equipment can safely cross. 

2. Rock both approaches to the ford used to access Adit A (FS 7300-680 

and TA road 7300-E1d).

Processing site specific

1. Build a berm the lower portion of each pond to prevent surface water 

and sediment from entering the wet meadow.

2. Place a straw bale berm during construction and use of the source 

water and the settling ponds and the edge of the bench to trap any 

sediment generated by the operation from entering into the wet 

meadow and Chipman Gulch, and thus Granite Creek. 

Placer Mining specific 

1. If any placer mining occurs in old lode tailings or results in disturbing 

the old lode tailings than L3 and L5 apply.

2. Place a straw bale berm between the existing horse corral and creek 

to prevent runoff of nutrients. 

3. No removal of stream shade bearing trees

Transportation Protection Measures
Granite Creek Watershed Mining Draft ROD Appendix 1

37

2-4 round trips 

per month for 

fuel and other 

maintenance 

items.

To prevent the public from using closed Road 7300-680, the miner will 

maintain the berm as an effective road closure, or if multiple trips will be 

made on Road 7300-680 throughout the season, the miner will install a 

gate according to Forest Service specifications (project file).

All General Requirements apply 

Refer to ROD Appendix 3 for all required monitoring and inspection items

Grubsteak

(Placer)

UNF

Action: 

Placer mining and 

gravity processing 

at two sites. Each 

less than 1/8 acre in 

size. Existing 

pond. Continued 

use of shed.

Access: 

Existing 

temporary road, 

existing miner’s 

bridge and gate 

to work the site. 

Existing 

equipment ford 

across Clear 

Creek.

Ford Use 

(intermittent 

use during 

summer)

Heavy 

equipment:

0-4 round trips 

per season

Water Resource Protection Measures

Ford

1. Rock southwest approach of ford

Site B

1. Place straw bales/coils as a berm between the creek and the mining 

activity. Gravels and filter cloth are not be used. 

2. Measurement of the 20-foot buffer would start at the top of the valley 

floor terrace-channel bank break in slope of the SIDE channel (see 

FEIS Appendix 1A, Figures 1A-2 and 1A-3 for explanation of this 

feature). 

3. Miner must fill the existing hole at Site B at the end of each season. 

4. Flow Alteration potential: If the hole starts to fill with water, then the 

miner is to stop and contact the Forest Service. Site conditions will be 

reevaluated at that time and additional mitigation measures added if 

necessary.

All General Requirements apply except lode requirements

Refer to ROD Appendix 3 for all required monitoring and inspection items
Appendix 1 Granite Creek Watershed Mining Draft ROD

38

 

Hopeful 1

(Placer)

UNF

Action: 

Placer excavations 

and gravity 

processing of the 

high bank area 

(less than 1⁄4 acre) 

along the old 

dredge tailings 

(approx. 2 yards 

per year). 

Continued use of 

existing structures. 

Access:

Existing FS 

road, existing 

temporary road. 

(UNF closed)

Cultural Resource Protection Measures 

To protect and preserve the historic integrity of the two-room cabin and

outhouse, both of which are owned and used by the miner for Plan 

activities, the miner and Forest Service will work together to maintain the 

historic appearing character of the existing buildings.

Wildlife Protection Measures

Ponds

Source water and settling pond: General Requirement R15 does not 

apply. Do NOT reclaim as it provides wildlife habitat 

All General Requirements apply except lode requirements

Refer to ROD Appendix 3 for all required monitoring and inspection items

Hopeful 2&3

(Placer)

UNF

Action: 

Placer mining on 

the North and 

south sides of the 

creek. Pits will be 

dug (6’x3’x10’deep) 

in order to process 

15 cubic yards a 

year. 2 existing 

ponds. Continued 

use of existing 

structures. 

Access:

Existing FS 

roads, existing 

temporary 

roads, 

development of 

temporary 

roads to work 

the site. Use 1 

existing ford on 

west side of 

Granite Creek. 

Gate temporary 

access.

Ford Use 

(intermittent 

Water Resources Protection Measures

East Ford

1. Channel bed must be stable and water depths must be below the 

frame on the vehicle before the ford can be used in order to ensure 

that equipment can safely cross. 

2. North approach: Rock the north approach to the slope break plus 25 

feet of additional road. 

3. South approach: The south ford approach and the existing south 

access road (TA 1035-E1d) are treated as a unit because of the 

complexity of the WRPMs. See WRPMs under TA road 1035-E1d 

below
Granite Creek Watershed Mining Draft ROD Appendix 1

39

use during 

summer)

Heavy 

equipment:

0-4 round trips 

per season 

Other 

vehicles:

1-2 round trips 

per week with a 

pickup for fuel 

and other 

maintenance 

items. 

TA road 1035-E1d (used to access Site 4 and the south side processing 

area) and south approach of ford

The south side approach to the east ford and TA 1065-E1d are combined 

because the discharge call under Alternative 2 is because the 

characteristics of the road (granitics and rutted) and the ford approach 

(fines) and the way the road and ford approach interact. In identifying 

Forest Service WRPMs to prevent a discharge of sediment into Granite 

Creek from the use of TA 1035-E1d and the ford approach it was 

necessary to divide the road into segments. See map and sketch in the 

project file for delineations of segments.

Segment A: The south side ford approach to the first water bar.

1. Rock this section of road/ford approach. 

Segment B: The road steepens for about 35 feet to reach the top of the 

hill. 

1. Place a water bar at the base of the steep section of road where there 

is a 2.5 foot wide flat area on the stream side of the road. Forest 

Service Minerals Administrator will be on site and verify water bar 

location prior to construction.

2. Design the water bar so that it diverts towards the flat area (only option 

as the other side is a hillslope). Place straw bales at the stream side 

edge of the flat area to trap all sediment leaving the road. 

3. Do NOT rock this section because rock will only fill the water bar.

Segment C: The portion of the road at the top to the hill to the second 

water bar 
Appendix 1 Granite Creek Watershed Mining Draft ROD

40

1. A water bar will be placed where the road flattens out. Forest Service 

Minerals Administrator will be on site and verify water bar location prior 

to construction.

2. This portion of road will be rocked.

Segment D: The portion of the road between Segment C and the south 

processing site.

None needed except in the vicinity of the unnamed tributary. WRPMs for 

this area below. 

Unnamed tributary on the south side

1. Rock both approaches to where 1) the road flattens out (east side) or 

there is a change in slope (west side).

2. Leave existing corduroy bridge in the channel 

Pond 2 (North processing site)

1. Ensure that two proposed ponds are deep enough and sufficiently 

bermed to prevent water from overflowing the top of the ponds. Miner 

will work with the Forest Service Minerals Administrator to ensure 

proper location of ponds and placement of berms.

2. Source water pond will be the west pond and at least 7 feet from the 

terrace break in slope. 

3. Settling pond: 

a. Will be the east pond

b. Will be at least 7 feet from the terrace break in slope. 

c. A sediment berm will be created along the stream-side edge of the 

settling pond to eliminate a small swale. 

d. Straw bales will be put on the stream-side edge of the sediment 

berm. 
Granite Creek Watershed Mining Draft ROD Appendix 1

41

Fish Protection Measures 

Fords

See Water Resource Protection Measures above. 

Wildlife Protection Measures

Pond 2 (South side)

Source water and settling pond: General Requirement R15 does not 

apply. Do NOT reclaim as it provides wildlife habitat. 

All General Requirements apply except lode requirements

Refer to ROD Appendix 3 for all required monitoring and inspection items

L&H

(Placer/Lode)

WWNF

Action:

Placer mining, 

gravity processing;

and re-open 

existing adits for 

testing. Placer digs 

will be 

20’x30’x10’deep in 

order to collect 

material for 

processing. Use of 

existing ponds.

Access 

Existing FS 

roads along 

with the 

development of 

existing 

temporary 

roads to work 

the site. 

Heavy 

equipment:

Occasional 

use, (1-4 round 

trips) will bring 

in at beginning 

and end, 

Water Resources Protection Measures

Lode portion

Adit 3: Waste rock/tailings will NOT be returned to the adit but placed at a 

site selected with input from the minerals administrator and the district 

hydrologist. Once in place, the waste rock and tailings will be graded to 

ensure runoff and capped with a minimum of six inches of soil. The soil 

cap is to be seeded with an approved Forest Service mix to create a 

vegetative cover. 

Cultural Resource Protection Measures 

The historic structure (collapsed cabin remains) at the site is potentially 

eligible for the National Register of Historic Places. Before any mining 

work can be completed within 30-feet of the cabin remains, or in the cabin 

remains themselves, a determination of eligibility would need to be 
Appendix 1 Granite Creek Watershed Mining Draft ROD

42

occasional trips 

for repairs etc.

Other 

vehicles:

Daily access to 

campsite with a 

pickup or ATV.

made. If the cabin remains are determined to be eligible for the National 

Register (a likely outcome), mitigation would be required for any mining 

work that would cause an adverse effect to the cabin remains. Mitigation 

measures would need to be consulted upon with the Oregon State Historic 

Preservation Office and possibly the Advisory Council on Historic 

Preservation. Mitigation would need to be funded by the miner. 

All General Requirements apply

Refer to ROD Appendix 3 for all required monitoring and inspection items

Lightning 

Creek

(Placer)

UNF

Action: 

Placer mining and 

gravity processing 

of 3 sites along the 

highbanks on the 

south side of the 

creek. Pits will be 

50’x100’x15’deep 

and process 20-50 

cubic yards per day 

when working. 

Continued use of 

existing structures. 

Suction dredging in 

Lightning Creek.

Access:

Existing FS 

roads (UNF 

open), existing 

temporary 

roads, existing 

miner’s bridge 

and equipment 

ford on 

Lightning 

Creek.

Ford Use (only 

during instream 

work period 

July15-Aug15)

Heavy 

equipment:

1-4 round trips 

per season.

Other 

vehicles:

 None (bridge)

Fish Protection Measures 

1. No water withdrawals are permitted in Lightning Creek after August 15 

to protect fish migrating to spawn.

2. If a stream is dry below where the miner is working prior to August 15, 

then the miner must cease withdrawing water from the creek until flow 

exceeds the amount withdrawn. 

Due to the potential for elevated stream temperatures from water 

withdrawals, if a valid water right is not secured, the Plan will not be 

approved until an amended Plan is submitted to the Forest Service that 

excludes the proposed water withdrawal.

Cultural Resource Protection Measures 

The historic mining site is being considered eligible for the National 

Register of Historic Places (NRHP). To protect and preserve the historic 

integrity of the seven historic structures proposed for use on the site, the 

miner and Forest Service will work together to maintain the historic 

appearing character of the existing structures.

Wildlife Protection Measures

Ponds (Existing Processing area ponds)
Granite Creek Watershed Mining Draft ROD Appendix 1

43

Existing processing area ponds: General Requirement R15 does not 

apply. Do NOT reclaim as it provides wildlife habitat 

ODEQ requirements related to Suction Dredging

Lightning Creek has been identified as essential salmon habitat. Suction 

dredge mining is currently not authorized on essential salmon habitat 

streams until 2021 as a result of the State moratorium. Should the 

moratorium be lifted prior to 2021, the miner will adhere to the terms and 

conditions listed in the ODEQ 700PM permit that is in place at that time. 

This Plan will not be approved until the moratorium on suction dredging is 

lifted, or until an amended Plan is submitted to the Forest Service that 

excludes the proposed suction dredging.

All General Requirements apply except lode requirements

Little Cross 1

(Placer)

WWNF

Action: 

Placer mining and 

gravity processing 

at one site on the 

north side of 

Granite creek. The 

total site is less 

than 1⁄4 acre in size. 

Suction dredging in 

Granite Creek.

Access:

Existing 

temporary road 

on FS land.

Water Resource Protection Measures

Placer mining activity

1. Place straw bales along creek edge, 

2. Place a second set of straw bales 6 ft. to 8 ft. upslope from the edge 

of the creek. 

3. Site will be reclaimed at the end of the season.

4. Any sediment that collected behind the straw bale berm located 6 to 8 

feet from the edge of the creek will be removed prior to removing the 

stream side berm. 

ODEQ requirements related to Suction Dredging

Granite Creek has been identified as essential salmon habitat. Suction 

dredge mining is currently not authorized on essential salmon habitat 

streams until 2021 as a result of the State moratorium. Should the 
Appendix 1 Granite Creek Watershed Mining Draft ROD

44

moratorium be lifted prior to 2021, the miner will adhere to the terms and 

conditions listed in the ODEQ 700PM permit that is in place at that time. 

This Plan will not be approved until the moratorium on suction dredging is 

lifted, or until an amended Plan is submitted to the Forest Service that 

excludes the proposed suction dredging.

All General Requirements apply except lode requirements

Refer to ROD Appendix 3 for all required monitoring and inspection items

Lucky Strike

(Placer/Lode/ 

Mill)

UNF &WWNF

Action: 

Placer testing and 

reclamation of 

existing adits and 

shafts. Continued 

use of existing 

structures and 

repair old mill.

Access:

Existing FS 

roads.

Cultural Resource Protection Measures 

The historic mining site is being considered eligible for the National 

Register of Historic Places (NRHP), with the north end non-contributing to 

eligibility, and the south end with contributing standing structures.

For the north end of the site, where current mining work is planned in 

adits/shafts, no protection or preservation is necessary. No actual mining 

work is planned for the south portion of the site, but maintenance and 

possible restoration of the historic cabin and stamp mill are planned. To 

protect and preserve the historic integrity of the cabin and stamp mill, the 

structures should be maintained with historic appearance, and any work 

to be done should meet the Secretary of Interior Guidelines for Historic 

Preservation. If plans are proposed that would adversely affect the 

structures, mitigation would be necessary. Mitigation measures would 

need to be consulted upon with the Oregon State Historic Preservation 

Office and possibly with the Advisory Council on Historic 

Preservation. Mitigation would be funded by the miner.

All General Requirements apply

Refer to ROD Appendix 3 for all required monitoring and inspection items

Make it

(Placer)

WWNF

Action: 

Placer mining and 

gravity processing 

of the highbank 

Access: 

Existing FS 

roads along 

with the 

Water Resources Protection Measures

1. This WRPM is for clarification purposes: Water used for processing 

will ONLY be put into the depressions that are being used as settling 
Granite Creek Watershed Mining Draft ROD Appendix 1

45

along the east side 

of the creek. 15-20 

cubic yards per 

year will be 

processed from 

holes 

15’x20’x10’deep. 

development of 

existing and 

designated 

temporary 

roads to work 

the site. 

Existing miner’s 

gate

ponds. No water will be returned to the existing off channel pond 

which is connected to Granite Creek and is the source water pond. 

2. The miner must avoid decreasing the processing pond level below the 

pond outlet elevation so that the pond and Granite Creek remain 

hydrologically connected via surface flow. 

Cultural Resource Protection Measures 

To protect and preserve the historic integrity of the historic structures and 

remains on the site, the miner will avoid all structures and remains (cabin, 

pole structure, footbridge, trash dumps and debris, dam/pond, and car 

parts) with a 30-foot buffer. The structures and remains are not located 

within the proposed work area.

Wildlife Protection Measures 

Ponds

Source water pond: General Requirement R15 does not apply. Do NOT 

reclaim as it provides wildlife habitat 

All General Requirements apply except lode requirements

Refer to ROD Appendix 3 for all required monitoring and inspection items

Muffin

(Placer)

WWNF

Action: 

Placer mining and 

gravity processing 

on the east side of 

the creek. (approx. 

10 cubic yards per 

year). Existing 

ponds and 

processing site.

Access: 

Existing FS 

roads along 

with the 

development of 

existing and 

designated 

temporary 

roads to work 

the site.

Water Resources Protection Measures

Sites 1, 2, and 3

Limit the size of the hole at any one time to either 10 feet or less or start 

the hole 5 to 10 feet back from point where the hillslope has a break in 

slope just before it reaches the wetland meadow area (wetland protection 

measure) 

Wildlife Protection Measures 
Appendix 1 Granite Creek Watershed Mining Draft ROD

46

Ponds

Source water pond: General Requirement R15 does not apply. Do NOT 

reclaim as it provides wildlife habitat 

Secondary, small overflow settling pond: General Requirement R15 does 

not apply. Do NOT reclaim as it provides wildlife habitat 

All General Requirements apply except lode requirements

Refer to ROD Appendix 3 for all required monitoring and inspection items

Old Eric 1&2 

(Placer)

UNF

Action:

Placer mining and 

gravity processing 

of the high bank 

area along granite 

creek. Max of 5 

cubic yards per 

year will be 

processed from this 

single 1⁄4 acre work 

site. Suction 

dredging in Granite 

Creek..

Access: 

Existing 

temporary road.

Water Resources Protection Measures

Settling Pond

Water temperature related: No standing water is permissible in the 

settling pond beyond 1 day. 

Wildlife Protection Measures 

Ponds

Settling pond: General Requirement R15 does not apply. Do NOT 

reclaim as it provides wildlife habitat 

ODEQ requirements related to Suction Dredging

Granite Creek has been identified as essential salmon habitat. Suction 

dredge mining is currently not authorized on essential salmon habitat 

streams until 2021 as a result of the State moratorium. Should the 

moratorium be lifted prior to 2021, the miner will adhere to the terms and 

conditions listed in the ODEQ 700PM permit that is in place at that time. 

This Plan will not be approved until the moratorium on suction dredging is 

lifted, or until an amended Plan is submitted to the Forest Service that 

excludes the proposed suction dredging.
Granite Creek Watershed Mining Draft ROD Appendix 1

47

All General Requirements apply except lode requirements

Refer to ROD Appendix 3 for all required monitoring and inspection items

Olive Tone

(Placer)

WWNF

Action: 

Placer mining of 

the highbank areas 

along Olive Creek. 

Holes 30’x30’x10’ 

will be worked at a 

time. Two ponds 

(20’x10’x10’ will be 

constructed

Access: 

Existing FS 

road, existing 

temporary road. 

Existing access 

ford on Olive 

Creek.

Ford Use (2-3 

months of 

summer)

Heavy 

equipment:

2-4 round trips) 

will bring in at 

beginning and 

end, occasional 

trips for repairs 

etc.

Other 

vehicles: 

1-2 round trips 

per day with an 

ATV to access 

the travel 

trailer. 

Water Resources Protection Measures

Settling Ponds

A trench will be dug parallel to the settling ponds for the pond length plus 

five feet on either side. The trench will be on the stream side of the

settling ponds and 5 to 20 feet away from the ponds and the location field 

verified with the Forest Service prior to installation. The trench can be 

lined with 1) a bentonite blanket, 2) filter cloth, 3) plastic to eliminate the 

potential for subsurface flow to transport sediment into the creek (FEIS 

Appendix 1B for schematic).

If a bentonite blanket is used then it can be left buried. If filter cloth or 

plastic is used it must be removed at completion of the project.

Water Withdrawals

Due to the potential for elevated stream temperatures from water 

withdrawals, if a valid water right is not secured, the Plan will not be 

approved until an amended Plan is submitted to the Forest Service that 

excludes the proposed water withdrawal.

All General Requirements apply except lode requirements

Refer to ROD Appendix 3 for all required monitoring and inspection items

Rose Bud 1-

4 (Placer)

UNF

Action: 

Placer mining of 

the high bank area 

Access: 

Existing power 

line access 

Water Resources Protection Measures
Appendix 1 Granite Creek Watershed Mining Draft ROD

48

north of the 

powerline road. 

(Processing 2-10 

cubic yards per 

year) 

road on FS 

land.

All settling ponds must be sufficiently bermed to prevent water and 

sediment from overtopping to top of the ponds and flowing down the road 

and into the old dredge ponds. Berm material can be either sediment or 

straw bales but must be stable. 

Fish Resource Protection Measures

Miner would limit loss of water in the processing pond to no more than 6 

inches of water during daily operations. 

Wildlife Protection Measures 

Ponds

Source water pond: General Requirement R15 does not apply. Do NOT 

reclaim as it provides wildlife habitat 

All General Requirements apply except lode requirements

Refer to ROD Appendix 3 for all required monitoring and inspection items

Royal White

Group 

(Lode)

WWNF

Action: 

Underground 

mining of existing 

adits, processing at 

mill, and continued 

use of existing 

structures. ( Up to 

5 tons will be 

crushed and milled 

per day) 

Continued use of 

structures.

Access: 

Existing FS 

roads, private 

roads, and 

existing 

temporary 

roads to work 

the site. 

Existing miner’s 

gate

Botanical Protection Measures

To preclude the possibility of any severe damage (e.g. direct mechanical 

destruction of plants or soil compaction) to the population of Lomatium 

tarantuloides at the Royal White site by inadvertent forays into the area by 

mining equipment, the miner will not breach the area protected by fallen 

trees immediately adjacent to Forest Service Road 1042970 that 

transects the population. Prior to commencement of mining activities, the 

Forest Service will fall small trees or install another type of barrier around 

the area to be avoided and protected.

All General Requirements apply 

Refer to ROD Appendix 3 for all required monitoring and inspection items

Ruby Group

(Placer)

Action: Access: Water Resources Protection Measures
Granite Creek Watershed Mining Draft ROD Appendix 1

49

UNF Exploration of the 

bank area along 

Ruby creek. Will 

process 1-2 cubic 

yards per 8’deep 

hole for a total of 2-

5 yards per year. 

Continued use of 

the existing 

structures.

Existing FS 

roads along 

with the 

development of 

existing and 

designated 

temporary 

roads to work 

the site. 2 

existing fords

on Clear and 

Ruby Creek. 

New miner’s 

temporary ATV 

bridge on Clear 

Creek.

Ford Use

(June-August)

Heavy 

equipment:

2-4 round trips 

per season

Other 

vehicles: 

0-2 round trips 

per week with a 

pickup for fuel 

and other 

maintenance 

items, but most 

of the crossings 

would be on the 

bridge with the 

ATV . 

Fords

1. Clear Creek ford: The southwest approach to the ford that 

crosses Clear Creek will be rocked and sloped. The northeast 

approach would be rocked. 

2. Ruby Creek ford and TA 1310-E1a: 

The Ruby Creek ford and TA 1310-E1a are combined because the 

discharge call under Alternative 2 is the result of the way the road and 

Ruby Creek interact and can mobilize and transport sediment AND the 

way road use, the ford and Ruby Creek interact to mobilize and transport 

sediment. In identifying Forest Service WRPMs to prevent a discharge of 

sediment into Ruby Creek from the use of TA 1310-E1a and the Ruby 

Creek ford it was necessary to divide the road into segments. See map in 

the project file for delineations of segments. 

Segment A: The portion of TA 1310-E1a between the Clear Creek ford 

and the Ruby Creek 

ford.

1. No WRPMs are needed as this section of the road does not interact 

with Ruby Creek.

Segment B: The north and south approaches to the ford. 

1. The north and south approaches to the ford and 25 feet of the road on 

the south side of the ford, just before the approach begins will be 

rocked.

Segment C: The portion of the road between the Ruby Creek ford and 

Site 2

1. Weed-free straw bales will be placed end to end starting at the north 

side of the ford to Site 2 along the west side of the road. 
Appendix 1 Granite Creek Watershed Mining Draft ROD

50

2. Straw bales will be two bales deep to act as a dam to prevent water 

from Ruby Creek from flowing onto Segment C and moving sediment 

generated by road use into Ruby Creek.

Segment D: The portion of the road between Site 2 and Site 1 

 water from Ruby Creek is observed flowing onto this segment of road, then 

 WRPMs stated for Segment C would be put into place.

Mining at Sites 1, 2, and 3

1. Measurement of the 10 foot buffer would start at the top of the 

valley floor-channel break in slope (See FEIS Appendix 1A, 

Figures 1A-2 and 1A-3 for explanation of this feature)

2. Use of the temporary road behind barricade that accesses work 

sites # 1, 2, and 3 is limited to after the road goes dry.

3. Straw bales or waddles must be placed between work sites #1, 2 

and 3 and Ruby Creek. 

4. Straw bales or waddles must be placed across the access road to 

sites 1, 2, and 3 to trap any sediment generated by the activity and 

prevent it from entering into Clear Creek

Mining at Sites 4, 5, 6, and 8

1. Measurement of the 10 foot buffer would start at the top of the 

valley floor-channel break in slope (See FEIS Appendix 1A, 

Figures 1A-2 and 1A-3 for explanation of this feature)

2. Straw bales or waddles must be placed between test holes and 

Clear Creek and between the test holes and the side channel to 

Clear Creek

Mining at Site 7
Granite Creek Watershed Mining Draft ROD Appendix 1

51

None needed

Temporary ATV Bridge

1. Stream banks, where the bridge will be placed, will be rocked.

2. At the beginning of each season, this area will be checked and 

more rock added as necessary.

3. Bridge will be removed each Fall

Transportation Protection Measures

For safety reasons and to prevent the public from using the miner’s ATV 

bridge on temporary mine access Road 1310-E1a, the miner will install a 

sign stating “Mining use only – ORMC - claim number XX”. The miner 

will also install a gate in front of the bridge according to Forest Service 

specifications (project file).

Cultural Resource Protection Measures 

To protect and preserve the historic integrity of the historic collapsed 

structures and features during mining activities, the miner will avoid the 

structures and features with a 30-foot buffer. The structures and features 

are not located within the proposed work area.

All General Requirements apply except lode requirements

Refer to ROD Appendix 3 for all required monitoring and inspection items

Sunshine/ 

McWillis

(Placer and 

Lode)

WWNF

Action:

Placer excavations. 

Up to 1⁄4 acre will 

be worked at a 

time. @ 1000 

cubic yards a year 

Access: 

Existing FS 

roads, existing 

temporary road. 

Existing miner’s 

Water Resources Protection Measures

Processing Site 1

1. Only Processing site 1 will be used. 
Appendix 1 Granite Creek Watershed Mining Draft ROD

52

will be processed. 

Continued use of 

existing structures. 

Suction dredging 

on McWillis Gulch.

bridge and 

gate.

2. Berm the downstream end of the Pond 2 (settling pond) so that the 

only outlet point is the pipe. 

Mining at Mining Site #2

1. Straw bales or waddles must be placed between the edge of the 

hillslope and the gulch at mining site #2.

ODEQ requirements related to Suction Dredging

McWillis Gulch is not essential salmon habitat. The miner will adhere to 

the terms and conditions listed in the May 2015 ODEQ 700PM permit.

All General Requirements apply

Refer to ROD Appendix 3 for all required monitoring and inspection items

Cultural Resource Protection Measures

The cabin at the site is potentially eligible for the National Register of 

Historic Places. The cabin is not in a planned work area for the mine, but 

it may be utilized while mining occurs. To protect and preserve the 

possible historic integrity of the cabin, the structure should be maintained 

with historic appearance, and any work that may be done should meet the 

Secretary of Interior Guidelines for Historic Preservation. If plans are 

proposed that would adversely affect the structure, mitigation may be 

necessary. Mitigation measures would need to be consulted upon with 

the Oregon State Historic Preservation Office and possibly with the 

Advisory Council on Historic Preservation. Mitigation would be funded by 

the miner.

Tetra Alpha

(Placer)

WWNF

 

Action: 

Placer mining 

along the south 

side of Boulder 

creek with gravity 

processing on the 

north side. Up to 1⁄2 

Ford Use: 1 

existing, and 1 

proposed upper 

ford – (2-3 

months during 

summer)

Water Resources Protection Measures

Stage 1 area

1. The high water mark is defined as the back edge of the meadow 

because the lushness of the meadow vegetation indicates that this 
Granite Creek Watershed Mining Draft ROD Appendix 1

53

acre will be worked 

at a time and @ 

100 cubic yards will 

be processed per 

day. Continued 

use of existing 

structures.

Access:

Existing FS roads, 

existing and 

temporary, 

development of 

designated 

temporary roads to 

work the site. Ford 

(Boulder Creek) 1 

existing and 2 

proposed. Existing 

Miner’s gate.

Heavy 

equipment: 

1-3 round trips 

per day will 

haul loads of 

material when 

working. 

Other 

vehicles: 

2-4 per round 

trips week with 

a pickup or 

ATV.

area is frequently flooding and has a high water table. Measurement 

of the 25 foot buffer would start at the back edge of the meadow.

Stage 2 area

1. Measurement of the 25 foot buffer will begin at the hillslope-meadow 

boundary. 

2. A straw bale berm will be constructed at the base of the hillslope.

Fords

West ford (existing): used to access Stage 1 area

1. Ford approaches will be rocked.

East ford (proposed): used to access Stage 2 area

1. Construction will take place during the instream work window 

2. Material will be pulled away from the stream and deposited in a 

location where the sediment will not be able to reach the stream 

during high flow 

3. Small straw waddles or bales or silt fences will be placed along 

the stream when pulling back the material during ford 

construction or maintenance 

4. Ford approaches will be rocked and sloped 

Proposed TMA 7355-M3d (meadow portion): Proposed miner access 

road to access Stage 2 area where it crosses the meadow:

1. Road will be rocked to at least 20 feet back from the creek in the 

meadow area to ensure that no sediment will make it to the creek and 
Appendix 1 Granite Creek Watershed Mining Draft ROD

54

at additional areas as needed to ensure that road would not erode and 

trigger gullying in the meadow. 

2. Two-track location would be flagged by Forest Service personnel.

Fish Protection Measures 

1. The miner will provide the Forest Service with advanced notification of 

ford construction so that a fisheries biologist or minerals administrator 

can monitor the fords and ensure that they do not create a fish barrier 

during low flows.

2. No water withdrawals are permitted in Boulder Creek after August 15 

to protect fish migrating to spawn.

3. If Boulder Creek is dry below where the miner is working prior to 

August 15, then the miner must cease withdrawing water from the 

creek until flow exceeds the amount withdrawn.

Water Withdrawals

Due to the potential for elevated stream temperatures from water 

withdrawals, if a valid water right is not secured, the Plan will not be 

approved until an amended Plan is submitted to the Forest Service that 

excludes the proposed water withdrawal.

Cultural Resource Protection Measures 

To protect and preserve the historic integrity of heritage sites on the 

access road to the planned work areas, FS road 7355-010 used to access 

the work areas will not be widened, and any work on the road will require 

pre-approval by the Forest Service. The mine operator will be allowed to 

drive on the open Forest Service Road 7355-010, however the miner has 

not proposed any mining activity within 30 feet of the sites.

Wildlife Protection Measures 
Granite Creek Watershed Mining Draft ROD Appendix 1

55

Ponds

Source water /settling pond: General Requirement R15 does not apply. 

Do NOT reclaim as it provides wildlife habitat.

All General Requirements apply except lode requirements

Refer to ROD Appendix 3 for all required monitoring and inspection items

Tetra Alpha

(Mill & Lode)

WWNF

Action: 

Milling and gravity 

processing of 

underground lode 

material. (@ 10 

cubic yards, or until 

settling ponds fill 

in) No clean out of 

settling ponds is 

planned. 

Continued use of 

existing structures.

Access: 

Existing FS 

roads along 

with the 

development of 

existing 

temporary 

roads to access 

the adit. 

Existing miner’s 

gate.

Fish Protection Measures

1. No water withdrawals are permitted in Boulder Creek after August 15 

to protect fish migrating to spawn.

2. If Boulder Creek is dry below where the miner is working prior to 

August 15, then the miner must cease withdrawing water from the 

creek until flow exceeds the amount withdrawn

Water Withdrawals

Due to the potential for elevated stream temperatures from water 

withdrawals, if a valid water right is not secured, the Plan will not be 

approved until an amended Plan is submitted to the Forest Service that 

excludes the proposed water withdrawal.

Cultural Resource Protection Measures 

To protect and preserve the historic integrity of heritage sites on the 

access road to the planned work areas, FS road 7355-010 used to access 

the work areas will not be widened, and any work on the road will require 

pre-approval by the Forest Service. The miner will be allowed to drive on 

the open Forest Service Road 7355-010, however the miner has not 

proposed any mining activity within 30 feet of the sites.

Wildlife Protection Measures 
Appendix 1 Granite Creek Watershed Mining Draft ROD

56

Ponds

Source water pond: General Requirement R15 does not apply. Do NOT 

reclaim as it provides wildlife habitat.

All General Requirements apply

Refer to ROD Appendix 3 for all required monitoring and inspection items

Troy D

(Placer)

WWNF

Action: 

Placer mining and 

gravity processing 

of the old dredge 

tailings. (50 yards 

per day). A water 

filtration plant 

(semi-trailers) will 

filter the water from 

the settling ponds. 

Final mineral 

recovery will take 

place on private 

land. Placement of 

@600 ft of power 

line. 

Access: 

Existing 

temporary 

roads, 

development of 

designated 

temporary 

roads to work 

the site. 

Existing miner’s 

gate.

Water Resources Protection Measures

1. Pond A would be used only as the source water pond. (See site map 

in project file)

2. Pond B would be used as a settling pond. A trench will be dug 

parallel to the settling ponds for the pond length plus five feet on either 

side. The trench will be on the stream side of the settling ponds and 5 

to 20 feet away from the ponds and the location field verified with the 

Forest Service prior to installation. The trench can be lined with 1) a 

bentonite blanket, 2) filter cloth, 3) plastic to eliminate the potential for 

subsurface flow to transport sediment into the creek (FEIS Appendix 

1B for schematic).

If a bentonite blanket is used then it can be left buried. If filter cloth or 

plastic is used it must be removed at completion of the project.

Wildlife Protection Measures 

Ponds

Source water pond: General Requirement R15 does not apply. Do NOT 

reclaim as it provides wildlife habitat 

Settling ponds: Varies. General Requirement R15 does not apply only if 

the pond is NOT enlarged because it provides wildlife habitat. If enlarged, 

then R15 applies. 
Granite Creek Watershed Mining Draft ROD Appendix 1

57

All General Requirements apply except lode requirements

Refer to ROD Appendix 3 for all required monitoring and inspection items

Yellow Gold

(Placer)

WWNF

Action:

Placer mining and 

gravity processing 

at the ponds. 

Several families will 

work 2 holes 

(50’x30’x12’deep) 

at a time.

Access: 

Existing FS 

roads along 

with the 

development of 

existing and 

designated 

temporary 

roads to work 

the site.

Do not use 

road 7355055 

from the 

7355020 road 

(@ 1⁄2 mile)

Water Resources Protection Measures

1. Settling ponds would be located with input from the minerals 

administrator and district hydrologist and appropriate WRPMs 

identified and implemented 

2. The foot bridge will be limited to planks of wood that can be 

moved at the end of each season by hand.

Transportation Protection Measures

To prevent the public from using closed Road 7355-050, the miner will 

maintain the berm as an effective road closure, or if multiple trips will be 

made on Road 7355-050 throughout the season, the miner will install a 

gate according to Forest Service specifications (project file).

Wildlife Protection Measures 

Ponds

Source water pond: General Requirement R15 does not apply. Do NOT 

reclaim as it provides wildlife habitat. 

All General Requirements apply except lode requirements

Refer to ROD Appendix 3 for all required monitoring and inspection items

Yellow 

Jacket

(Placer)

WWNF

Action:

Placer mining on 

FS land and gravity 

processing on 

private land. Up to 

1⁄4 acre will be 

worked at a time. 

Access: 

Existing FS 

roads, miner’s 

private road, 

existing 

temporary 

roads, 

Water Resources Protection Measures

Lode activities are located on private property. However, the miner must 

ensure that there is no discharge of water, heavy metals or sediment onto 

Forest Service lands or placement of lode material onto Forest Service 

lands.
Appendix 1 Granite Creek Watershed Mining Draft ROD

58

Suction dredging in 

Orofino Gulch.

development of 

designated 

temporary 

roads to work 

the site.

ODEQ requirements related to Suction Dredging

Orofino Gulch is not essential salmon habitat. The miner will adhere to the 

terms and conditions listed in the May 2015 ODEQ 700PM permit. 

All General Requirements apply except lode requirements

Refer to ROD Appendix 3 for all required monitoring and inspection items

*Refer to ROD Appendix 2 for Plan-specific access roads approved in this ROD
Granite Creek Watershed Mining Draft ROD Appendix 2

59

Appendix 2 - Forest Service Closed, Decommissioned or Temporary Roads Proposed for 

Use by Miners under Alternatives 2 and 3

Claim Name Road 

Number

From To Length Surface 

Type

Existing 

Condition

Al

t 

2

Alt 

3

Comments

Altona 1042E1

a

1042E

1c

1042E1b 0.56 Native Temporary 

-E

Y N Condition is 

unusable and would 

require reconstruction. 

Alternate road is 

available to access 

site.

1042E1

b

1042E

1a

1042M1a 0.59 Native Temporary 

-E

Y Y

1042E1

c

13050

98

1042E1a 0.21 Native Temporary 

-E

Y N Condition is 

unusable and would 

require reconstruction. 

Alternate road is 

available to access 

site.

1042M1

a

1042E

1b

Processing 0.05 Native Temporary 

-P

Y Y Proposed

130509

8

13050

92

1041E1c 0.20 Native FS Closed Y N Condition is 

unusable and would 

require reconstruction. 

Alternate road is 

available to access 

site.

130509

9

13050

80

1305092 0.30 Native FS Closed Y N Condition is 

unusable and would 
Appendix 2 Granite Creek Watershed Mining Draft ROD

60

Claim Name Road 

Number

From To Length Surface 

Type

Existing 

Condition

Al

t 

2

Alt 

3

Comments

require reconstruction. 

Alternate road is 

available to access 

site.

130509

2

13050

99

1305098 0.03 Native FS Closed y N Condition is 

unusable and would 

require reconstruction. 

Alternate road is 

available to access 

site.

Belvadear 1305-E2 13050

80

Claim 0.15 Native Temporary 

- E

Y Y

7300-

E4a

Co 24 7300-E4b 0.11 Native Temporary 

-E

Y Y Existing Ford on 

bull run

Access disperse 

campsite

Blue Sky/Bull Run 7300-

E4b

7300-

E4a

Processing 0.15 Native Temporary 

-E

Y Y Existing Ford on 

Swamp Creek

7300-

E4c

7300-

E4a

Site 2 Blue 

Sky

0.02 Tailings Temporary 

-E

Y Y

7300-

M4a

7300-

E4a

Site 3 Blue 

Sky

0.07 Native Temporary 

-P

Y Y

7300-

M4b

Co 24 Site 2 Bull 

Run

0.07 Native Temporary

-P

Y N Proposed 

Temporary Bridge –

In Alt 3, replaced 

with 7375-M1a 

because placement 

and removal of 

bridge would result 

in a discharge.
Granite Creek Watershed Mining Draft ROD Appendix 2

61

Claim Name Road 

Number

From To Length Surface 

Type

Existing 

Condition

Al

t 

2

Alt 

3

Comments

7375-

M1a

7375-

000

Site 1 Bull 

Run

0.05 Native Temporary 

-E

Y Y Alt 3-gate during 

use

7375-

M1b

7375-

M1a

Site 2 Bull 

Run

0.20 Native TemporaryPN Y Alt 3 only. Instead 

of bridge on 7300-

M4b. 

Blue Smoke 1000-

E1a

10000

00

Claim 0.46 Native Temporary 

- E

Y Y Powerline Road 

Bunch Bucket 1310-

E2a

13100

00

Site 1 0.08 Aggregat

e

Temporary 

-E

Y Y Access dispersed 

campsite

1310-

E2b

Site1,

2

Processing 0.09 Native Temporary 

-E

Y Y

1310-

E2c

Proce

s-sing

Site 2 0.08 Native Temporary 

-E

Y Y

City Limits 7300-

E3a

73000

00

Claim 0.11 Tailings Temporary 

-E

Y Y

7300-

E3b

73000

00

Claim 0.02 Tailings Temporary 

-E

Y Y

East Ten Cent Creek 735005

0

73500

00

Claim 0.06 Aggregat

e

FS Closed Y Y OHV Trail

735007

0

73500

00

Claim 0.39 Aggregat

e

FS Closed Y Y OHV Trail

7350-

E1a

73500

70

Pond 0.12 Aggregat

e

Temporary 

-E

Y Y Miner Install new 

Gate

7350-

M1a

73500

50

Shed 0.32 Native Temporary 

-E

Y Y Miner Install new 

Gate

Eddy Shipman

730059

0

73000

00

7300-E1a 0.04 Native FS Closed Y Y Existing FS Gate

730068

0

73000

00

7300-E1d 0.10 Native FS Closed Y Y Existing FS 

Barricade. 

7300-

E1a

73005

90

Cabin/

Adit B

0.42 Native Temporary 

-E

Y Y Old County Road

7300-

E1b

7300-

E1a

7300-E1c 0.10 Native Temporary 

-E

Y Y
Appendix 2 Granite Creek Watershed Mining Draft ROD

62

Claim Name Road 

Number

From To Length Surface 

Type

Existing 

Condition

Al

t 

2

Alt 

3

Comments

7300-

E1d

73006

80

Adit A 0.07 Native Temporary 

-E

Y Y Existing ford, Olive 

Creek

Grubsteak 1300-

M1a

Co 24 Dig Site 0.19 Native Temporary 

-E

y Y Existing Miner's 

Bridge & Gate

Hopeful 1 1035-

E2a

10350

12

Cabin/

Claim

0.17 AggregateTemporary 

- E

Y Y

103501

2

10350

11

Claim 0.70 AggregateFS Closed Y Y

Hopeful 2-3 1035-

E1a

10350

00

1035-E1b 0.21 AggregateTemporary 

-E

Y Y Old Road 1035-015

Miner install new 

gate

1035-

E1b

1035-

E1a

1035-

E1d/cabins

0.08 AggregateTemporary 

-E

Y Y

1035-

E1c

1035-

E1a

1035-

E1d/filter 

plant

0.27 Native Temporary 

-E

Y Y Old Road 1035-015

1035-

E1d

1035-

E1b

1035-E1c 0.19 Native Temporary 

-E

Y Y Existing Ford (Alt 2 

= 2) (alt 3 = 1) 

Granite Creek

L&H 1305-

E5a

10429

50

1305200 0.29 Native Temporary 

-E

Y Y Continuation of Rd 

950

1305-

E5b

13052

00

Adit 0.06 Native Temporary 

-E

Y Y

Lightning Creek 1305-

E6a

13051

00

Final Pond 0.07 Native Temporary 

- E

Y Y

1305-

E6b

13051

00

Dig Site 0.10 Native Temporary 

- E

Y Y

Little Cross 1000-

E3a

Co 24 Campsite 0.03 Tailings Temporary 

- E

Y Y

Lucky Strike Only using open FS roads

Make-it 7300-

E2a

73007

00

Cabin 0.37 Native Temporary 

- E

Y y Existing Miner's 

gate
Granite Creek Watershed Mining Draft ROD Appendix 2

63

Claim Name Road 

Number

From To Length Surface 

Type

Existing 

Condition

Al

t 

2

Alt 

3

Comments

Muffin 735501

2

73550

00

Claim 0.18 Native FS Closed Y y

7355M1

a

73550

12

Work Site 0.08 Native Temporary 

- E

Y y Existing - miner will 

rehab

Old Eric 1&2 10000-

E2a

Co 24 Campsite 0.40 Tailings Temporary 

- E

Y y Dispersed Camp 

site

Olive Tone 1305-

E4a

13050

82

1305-E4b 0.02 Native Temporary 

- E

Y y

1305-

E4b

1305-

E4A

Pond/Minin

g Site

0.16 Native 

and 

Tailings

Temporary 

- E

Y y Existing Ford on 

Olive Creek

Rosebud 1-4 1000-

E1a

10000

00

Claim 0.46 Native Temporary 

- E

Y Y Powerline Road

Royal White 1042-

E2a

Pvt Rd Upper Adit 0.11 Native Temporary 

- E

Y Y Extension of 1042-

982

1042-

E2b

Pvt Rd Mine 

Bldings

0.14 Native Temporary 

- E

Y Y Behind existing 

private gate

1042-

E2c

10429

82

Shafts 0.06 Native Temporary 

- E

Y Y

Ruby Group 1310-

E1a

13100

00

Cabin/Sites 

1,2,3

0.62 Native Temporary 

- E

Y Y 2 existing fords, 

(Clear & Ruby)

Miner proposed 

ATV Bridge

1310-

E1b

1310-

E1a

Site 2, 

staging 

area

0.03 Native Temporary 

- E

Y Y

1310-

E3a

13100

00

Site 4,5 0.07 Native Temporary 

- E

Y Y

1310-

E3b

1310-

E3a

Site 6 0.06 Native Temporary 

- E

Y Y

1310-

E3c

1310-

E3a

Site 7 0.02 Native Temporary 

- E

Y Y
Appendix 2 Granite Creek Watershed Mining Draft ROD

64

Claim Name Road 

Number

From To Length Surface 

Type

Existing 

Condition

Al

t 

2

Alt 

3

Comments

1310-

E4a

13100

00

Site 8 0.09 Native Temporary 

- E

Y Y

Sunshine/McWillis 130505

4

13050

50

1305-M1s 0.40 Native FS Closed Y Y Existing miner’s 

gate

1305-

M1a

13050

54

Claim site 0.18 Native Temporary 

- E

Y Y Existing Rd - miner 

will rehab

Existing Miner's 

Bridge, McWillis 

130513

0

13051

20

Diversion 

Dam

0.45 Native DecommissionedY Y Use as Temporary 

Road

Tetra Alpha Lode 7355-

M5a

73550

20

adit 0.01 Native Temporary 

- E

Y Y Existing Rd - miner 

will rehab

Tetra Alpha Mill 735501

1

73550

00

7355011-

M4a

0.31 Native FS Closed Y Y

7355-

M4a

73550

11

Top Mill 0.05 Native Temporary 

- E

Y Y Existing Rd - miner 

will rehab

7355-

M4b

7355-

M4a

7355011 0.03 Native Temporary 

- E

Y Y Existing Rd - miner 

will rehab

Tetra Alpha Placer 735501

1

73550

00

7355011-

M4a

0.72 Native FS Closed Y Y

753301

2

73550

00

7355011-

M4a

0.42 Native FS Closed Y Y

7355-

M3a

73550

11

Processing 0.27 Native Temporary 

- E

Y Y proposed Boulder 

Crk ford in Alt 2 

only

7355-

M3b

7355-

M3a

Claim 0.06 Native Temporary 

- P

Y Y Proposed road

7355-

M3c

73550

11

Claim 0.03 Native Temporary 

- P

Y Y Proposed Ford, 

Boulder

7355-

M3d

73550

11

Claim 0.02 Native Temporary 

- P

Y Y Proposed Ford on 

Boulder

Troy 1000-

E4a

Co 24 Claim 0.05 Tailings Temporary

- E

Y Y Existing Gate
Granite Creek Watershed Mining Draft ROD Appendix 2

65

Claim Name Road 

Number

From To Length Surface 

Type

Existing 

Condition

Al

t 

2

Alt 

3

Comments

1000-

E4b

1000-

E4a

Claim 0.11 Tailings Temporary 

- E

Y Y

Yellow Gold 735502

5

73550

20

7355026 0.05 Native FS Closed Y Y

735502

6

73550

25

Alternate 

Processing

0.11 Native FS Closed Y Y

735505

0

73550

00

Claim Trail 0.61 Native FS Closed Y Y Alt 3 preferred use 

(gate during use) 

735505

5

73550

50

Claim 0.37 Native FS Closed Y Y

7355-

E2a

73550

55

Processing 

site

0.11 Native Temporary 

- E

Y Y

Yellow Jacket 1305-

E1a

13050

35

Claim 0.11 Native Temporary 

- E

Y Y

1305-

E1b

1305-

E1a

Claim/-

House

0.15 Tailings Temporary 

- E

Y Y

E = Existing non-system 

road

P = Proposed, miner 

created road, no cut or fill.
Appendix 3 Granite Creek Watershed Mining Draft ROD

66
Granite Creek Watershed Mining Draft ROD Appendix 3

67

Appendix 3 – Alternative 3 Monitoring and Inspection Items

Monitoring Under Alternative 3 

The Whitman Ranger District and North Fork John Day Ranger District Minerals Administrators 

are responsible for completing the annual minerals inspections and review to determine if Forest 

Plan standards and guides, as well as the requirements in the Plans of Operations are being 

met. If operations are found to be non-compliant, the Minerals Administrator is responsible for 

assuring corrective action is taken. Depending on complexity of the operation, some of these 

operations are inspected twice, if not more, during the operating season. Perennial streams in 

the claim shall be monitored by the Forest Service for water quality, sediment, and temperature

through normal compliance inspections, and reclamation inspections.

The Minerals Administrator is also responsible for reclamation reviews. These reviews assure 

that requirements in the reclamation plans are being properly implemented and completed in a 

timely manner. A monitoring program would be accomplished on a yearly basis following 

mining to determine vegetation response, soil stability, and the impact of roads on water quality. 

Reclaimed areas would be monitored to identify areas of instability and detrimental compaction. 

These areas would be improved to meet Forest Service standards. 

At the same time, the implementation of the PACFISH standards and guidelines for Minerals 

Management (MM-1, MM-2, MM-3 and MM-6) would also be monitored during annual 

inspections (ROD Appendix 3). If there are any noticeable impacts to resources, including a 

discharge of fine sediment into live streams, the operations would be stopped immediately and 

not allowed to resume until corrected. Screening for annual monitoring includes verification that:

 Applicable standards and guides and other regulations have been incorporated into 

Plans of Operation.

 Requirements developed during project-specific consultation have been incorporated 

into Plans.

 The Plans contain stipulations for modification, including reclamation requirements and 

bond amounts.

 For surface-disturbing activities, that reclamation requirements are included, and that a 

bond is in place. 

 Reclamation requirements in the permit provide for needed short- or long-term 

monitoring and maintenance of the reclaimed project site.

 The Plan of Operations do not prevent attainment of PACFISH riparian management 

goals and objectives (RMOs) and avoid adverse impacts to listed species and their 

habitat.

 Terms and conditions in the NMFS and USFWS Biological Opinions have been met

Annual inspections would also examine the following:
Appendix 3 Granite Creek Watershed Mining Draft ROD

68

Table A3-1: Annual Inspection Items

Item Action

Equipment and Structures List sizes and take photos of all 

Earthwork A) Excavations (testing and mining hole 

sizes and note if current work)

B) Processing site (size of compacted area 

not including settling ponds)

C) Settling ponds (sizes, if they are holding 

water, if they have been cleaned out, and if 

there is vegetation)

D) Camp area (size of area being compacted 

by camping)

E) Roads (lengths of any accesses to sites, 

condition)

Water List if there are any overflows, muddy water, 

distance of workings to water, etc.

Inspect fords to ensure fish passage is not 

impaired or blocked.

Suction Dredging Inspections will ensure compliance with 

federal laws, regulations and policies (eg. 

36CFR 228.4 (a) (4), and 228.4 (e)). 

Resource concerns and damage will be 

documented in every inspection. The state of 

Oregon (DEQ and DSL) is responsible for 

ensuring compliance with its permits.

Weeds List if there are weeds, identify if possible, 

take picture if you are unsure, take a 

measurement of area, and GPS 

Access List all the roads and numbers to get to the 

site

Sketch Map Include conversations, any campers on site, 

any other uses of sites for records. This is 

also an area for photo references from the 

sketch map. Also list any non-compliance 

issues.

Current regulations allow the district ranger to stop all operations that are noncompliant with the 

operating plan or the result of an unforeseen significant disturbance (36CFR 228.4 (a) (4), and 

228.4 (e)). An example of an unforeseen significant disturbance could be a discharge of 

sediment into the stream as the result of a large flood. A discharge of this nature would be 

determined if the inspectors observed sediment discharging into streams or saw evidence of 

discharge, such as rills and gully development, from the operating area to adjacent streams, or 

the development of seepage zones along streambanks related to ponds.

BMP Monitoring

Additional monitoring will occur using the 2012 BMP Sampling and Monitoring protocol (2012 

BMPs-Appendix G) based on the number of active mines each year. A minimum of two mines 

or 25% of active operations, not to exceed a total of four each year, would be monitored under 
Granite Creek Watershed Mining Draft ROD Appendix 3

69

the current 2012 protocol. Mine operations that “may affect and are likely to adversely affect” 

(LAA) fisheries resources would be targeted and one to three random sites would be chosen for 

sampling each year.

The draft National Core BMP Monitoring Technical Guide (Volume 2, FS-990b, in prep) is 

expected to be available in 2015, with plans to finalize in 2016. The draft protocols will be 

publically available when the Draft monitoring guide is released for review. When the monitoring 

protocols are finalized they will be posted on the webpage for the Granite mining project.”

A description of Best Management Practices monitoring is found in the Biological Assessment 

Appendix G). The minerals forms were recently revised in January 2015, and are available at 

the following link:

http://fsweb.wo.fs.fed.us/wfw/watershed/national_bmps/bmp_docs-minerals.html

Stream Monitoring

The Forest Service will conduct a random sampling inspection of suction dredging activities 

during each season to ensure that the miners are in compliance with their Plan of Operations. A 

daily monitoring log referenced in the May 2015 700PM permit is required to be kept by all 

miners conducting suction dredging activities, and must be legible and available to the Forest 

Service upon request.

Plan disturbance levels shall be monitored to assure applicable components of the Plan 

of Operations are adhered to.

Method: Inspection

Frequency: Ongoing throughout the operating season, no less than one inspection annually. 

Duration: All active periods of operations

Coordinator: Minerals Administrator

Threshold: If disturbance levels are exceeded, the occurrence shall be documented and 

appropriate action taken to correct the situation.

Monitor to determine if prescribed erosion control methods are in place and effective.

Method: Partial inspection, concentrating on areas with high probability of failure

Frequency: preseason, at seasonal closure, and after major rain events.

Duration: Until disturbed areas have revegetated

Coordinator: Minerals Administrator 

Threshold: If combination of failure of cross drains and/or seeding is leading to gully erosion, 

appropriate maintenance shall be performed.

Noxious Weeds Monitoring (Implementation and Effectiveness)

1) Frequency of Monitoring and Responsible Party

Meet the requirements of the Region 6 - 2005 Preventing and Managing Invasive Plants EIS 

and ROD.
Appendix 3 Granite Creek Watershed Mining Draft ROD

70

• The District/Zone Minerals Program Administrator shall be responsible for the monitoring 

for compliance with prevention standards outlined in the Region 6 - 2005 Preventing and 

Managing Invasive Plants EIS and ROD.

• The miner, the District/Zone Minerals Program Administrator, and the District/Zone 

Invasive Species Coordinator shall share responsibility for annual inspections of the site 

and haul routes for noxious weed infestations. The inspections shall continue for five 

years after a plan has terminated.

• The District/Zone Invasive Species Coordinator shall be responsible for the inventory of 

all noxious weed infestations that occur on the project site which are reported to him/her.

• The District/Zone Invasive Species Coordinator shall be responsible for monitoring 

noxious weed presence (following initial report), population size, density, new 

occurrence, and treatment.

• The District/Zone Invasive Species Coordinator shall inspect all roads to be closed for 

noxious weed infestations (and inventory/early treatment if necessary) prior to road 

closure.

2) Effectiveness of Noxious Weeds prevention, monitoring and mitigation

The District/Zone Invasive Species Coordinator will provide cursory evaluation of mitigation 

measure and treatment effectiveness as district/zone wide data is compiled for reporting 

purposes. Periodic (5-10 year) Forest reviews will provide in-depth evaluation of mitigation 

measure/treatment effectiveness.

3) Thresholds

If more than 40 spot infestations, or more than 30 acres of disturbed site become infested with a 

high priority noxious weed species, mitigation measures and treatment strategy will need to be 

re-evaluated.

Monitoring protection measures and requirements

During annual inspections, the Forest Service will determine if the miner has implemented all 

measures and requirements in Appendices 2 and 12, and that they are achieving the desired 

results. Also, a daily monitoring log (as identified in the 2015, 700PM permit) must be legible 

and made available to the Forest Service upon request. 

Monitoring Closed Sites

Once an operation is closed (all proposed actions are complete), annual inspections by a Forest 

Service biologist or minerals administrator would occur the first three years and then once at 5 

years, and then finally at10 years after closeout, depending on the type of reclamation work 

done, to ensure that reclamation activities are complete and successfully implemented.
Granite Creek Watershed Mining Draft ROD Appendix 3

71
Appendix 3 Granite Creek Watershed Mining Draft ROD

72
Granite Creek Watershed Mining Draft ROD Appendix 4

73

 

Appendix 4 - General Requirements for Plans of Operations 

Included in Alternative 3

Requirements for Protection of Surface Resources

G1. In accordance with 36 CFR §228.4(d), the operator will submit a supplement to a Plan of 

Operations for any ground-disturbing operations not specifically covered within the initial Plan. 

Any supplemental plan shall be subject to approval by the authorized officer in the same 

manner as the initial plan (36CFR §228.5(c)). 

G2. Prior to approval of the Plan of Operations, the operator will furnish a reclamation bond 

(36CFR §228.13(a)). The bond will be calculated based on site-specific conditions addressing 

the resource concerns listed in 36CFR §228.8(g), Reclamation. The bond shall also cover the 

removal of all equipment and improvements authorized in the plan, or any subsequent 

supplements or modifications to the plan. The bond amount may be adjusted during the term of 

this proposed plan of operations in response to changes in the operations or to changes in the 

economy.

G3. Operations shall be conducted to prevent damage to historic properties or objects of 

antiquity protected by American Antiquities Act (16 U.S.C. 433); Section 106 of the National 

Historic Preservation Act of 1966, as amended; National Environmental Policy Act of 1969; 

American Indian Religious Freedom Act of 1978; Archaeological Resource Protection Act of 

1979, as applicable in 36 CFR 261 Regulations; applicable Sections 36 CFR 800 Regulations; 

and other laws and various executive orders that protect cultural resources. Operator shall stop 

all operations and notify the Forest Service of any discovery of cultural or natural history 

resources and work will not continue in the area of the discovery until the properties have been 

evaluated and all necessary consultations are complete. Removal or destruction of historic 

artifacts is a violation of Federal law and as such not allowed. 

Historic building that are eligible for listing or are unevaluated will be maintained as eligible by 

following the Secretary of Interior’s guidelines for Historic Preservation and consulting with the 

Forest Service. 

G4. Surface runoff water from off-site shall be diverted around the operating site to ensure that 

this runoff water does not have a negative impact on water quality. Wood, certified weed-free 

straw bales (See R3), silt fences, or other Forest Service approved barriers, may be used to 

establish a barrier along the banks to control sediment movement into the creek. If tree boles 

are used, the logs must be embedded so that the entire length of the bole is in contact with the 

ground, and the logs overlap in a parallel shingle arrangement so that sediment-laden runoff 

cannot escape the impounded area.

G5. During ongoing mining activities, all disturbed sites (roads, cut and fill slopes, campsites, 

ponds, dumps, and stockpiles) shall be maintained in a stable condition.

G6. No live trees greater than 7” diameter at breast height (4.5’ from uphill side of base of tree) 

shall be cut without prior written approval. All live trees approved for removal shall remain on-
Appendix 4 Granite Creek Watershed Mining Draft ROD

74

site. Forest Service personnel will determine which trees approved for removal are 

merchantable. These trees will be stockpiled by the operator for Forest Service disposal, or for 

use during final reclamation.

Forest Service shall approve removal of snags or trees with signs of mistletoe, prior to falling.

G7. Mining equipment shall cross creeks only at pre-approved sites, as authorized by the 

District Ranger with FS, NMFS and USFWS mitigations, and 2012 BMPs. All fords shall be 

sloped and armored with rock, based on a site-specific evaluation. Bridges shall be installed so 

as not to result in continued sediment delivery to the stream, and shall be removed upon final 

cessation of mining operations. See project file for additional Fisheries/Aquatics direction.

G8. All use and/or construction of any structures shall be listed and authorized in the Plan of 

Operations or supplement (36CFR 261.10 (a)). Only structures reasonably incident and 

necessary for the proposed level of mining operations will be authorized (FSM 2812, and 69 

Stat. 367; 30 U.S.C. 601, 603, 611-615). 

G9. Snow removal on roads is not approved unless addressed in an approved Plan of 

Operations or subsequent modifications or supplements to the Plan of Operations.

G10. Excavations left open for more than a week shall have the sides contoured to allow wildlife 

to escape should they fall in.

G11. Other than seasonally, where operations have ceased for a year or more, the operator 

shall annually submit a written statement of intent to the District Ranger which includes the 

operator’s intent to maintain the equipment and structures, the expected date operations will 

resume, and an estimate of extended duration of operations. The operator will maintain the site, 

equipment, and structures in a neat and safe condition during non-operating periods (36 CFR 

228.10).

G12. Plan-specific buffer strips and/or silt fencing (or other materials approved by the District 

Ranger) between the approved operation and the channel of intermittent or perennial streams 

shall be of sufficient width and filtering capacity (as determined by the District Ranger) to 

prevent the introduction of sediment into the stream system during normal seasonal runoff 

events such as snowmelt or high-intensity rainstorm events. 

In addition, if straw bales or silt fences are used, they will be installed with adequate support 

(i.e. straw bales staked into the ground, silt fences dug into the ground and with seams on 

stakes facing away from sediment sources) and maintained during use (i.e. fences and bales 

regularly checked for failure or movement, sediment removed with it accumulates to 1/3 height 

of silt fence or bale). 

G13. All explosive handling and storage will comply with Bureau of Alcohol, Tobacco, Firearms 

and Explosives (ATF) requirements and Mine Safety and Health Administration (MSHA). 

Copies of any permits that require any improvements (storage facilities, gates, etc.) on national 

forest system (NFS) lands must accompany the Plan of Operation or supplemental Plan, and

the improvements shall be identified within the approved Plan. 

G14. Beaver dams will not be breached by the operators. If pond levels behind the dams 

increase to the point that there is the potential to flood the mining operation, the operator shall

work with the Forest Service to install pond-level control devices.
Granite Creek Watershed Mining Draft ROD Appendix 4

75

G15. Plan-specific stream buffers for mining-related activities (as specified in Appendix 11 of 

the EIS) are to be undisturbed. No mining activities, storage of equipment or overburden, or 

vegetation removal is permitted. Driving a vehicle off an existing road within a Plan-specific 

stream buffer is only permitted where necessary to access the stream for mining related 

activities such as installation of a pump or dredge put in, as long as there is no significant 

impact to surface resources, and is consistent with 2012 BMPs. For requirements specific to 

use of fords, see G7.

G16. If new active goshawk nests are discovered, a 30-acre nest area will be delineated by 

district wildlife personnel around active goshawk nest sites, and a seasonal restriction on the 

use of heavy equipment would be recommended in the immediate vicinity of the nests to reduce 

disturbance to goshawks during courtship and nesting. Nest areas will be deferred from tree 

removal with the exception of snags cut to address hazards around work areas. An active nest 

site is one that has been used for nesting within the previous five years. Failure to monitor a 

nest site does not equate to inactive status.

If a new active goshawk nest is discovered after a Plan of Operation is approved, the Forest 

would initiate a Plan modification process per (CFR 228.4e) to determine what reasonable 

additional restrictions could be added to the Plan to mitigate this unanticipated impact.

G17. If unexpected heritage resources are encountered during project implementation, these 

resources will be protected from disturbance and evaluated for eligibility for inclusion on the 

National Register of Historic Places. Significant resources will be avoided or mitigated as 

described below. In accordance with 36 CFR 800 and Section 106 of the National Historic 

Preservation Act (1966), all unevaluated sites will be avoided pending determination of eligibility 

for listing on the National Register of Historic Places by the Forest Service and consultation with 

the Oregon State Historic Preservation Office. All eligible and unevaluated sites will be 

protected throughout the life of the project if possible. Protection of these sites, in most cases, 

shall be accomplished through avoidance by ground-disturbing activities.

If protection or avoidance of significant heritage resources is not possible, mitigation measures 

will be developed in consultation with the Forest Service and the Oregon State Historic

Preservation Office and in some cases, the Advisory Council on Historic Preservation.

G18. Approval of this plan does not relieve the operator from complying with all applicable 

Federal, State, or County laws or regulations. Any regulations/laws referenced herein are for 

emphases only and not intended to cover all regulations that may apply to this operation. 

G19. Copies of any permits/certifications issued by other regulatory agencies related to mining 

operations on NFS lands shall be submitted to the authorized officer. In some cases this may 

be required prior to approval of the Plan. (CWA §401(a)(1). BMP Min-8)

G20. Extended occupancy (longer than allowed under the Forest Order) must be incidental to 

and necessary for the level of proposed mining operation and authorized in the Plan of 

Operations2. No person not actively involved in the day to day operations will be authorized to 

 2 1.Be reasonably incident - Reasonably incident means the statutory standard "prospecting, mining, or processing 

operations and uses reasonably incident thereto" (30 U.S.C. 612). It is a shortened version of the statutory standard. 

It includes those actions or expenditures of labor and resources by a person of ordinary prudence to prospect, 

explore, define, develop, mine, or beneficiate a valuable mineral deposit using methods, structures, and equipment 

appropriate to the geological terrain, mineral deposit, and stage of development and reasonably related activities.
Appendix 4 Granite Creek Watershed Mining Draft ROD

76

stay longer than allowed under the Forest Order (ORDER NO. 2010-0616-WW-12 and Uma FO 

2009-0614-UM-01) (36CFR 261.1(a) and 261.58(a).

G21. The work site and camp area will be kept clean and orderly. Litter and other non-essential 

mining items brought in by the operator will be removed by the operator from NFS lands and 

disposed of properly. Burning or burying of trash is not authorized. (36CFR 261.11 (b)(c)(d)) 

G22. When the operator is contemplating a sale of the claim(s) associated with their approved 

Plan of Operations, the claimant/operator shall notify the District Ranger. The Plan of 

Operations will not automatically transfer to the new owner, and the new owner must file their 

own notice to the Forest Service (36CFR 288.4). If a new owner wishes to submit the same 

Plan, additional environmental analysis may not be needed. 

G23. During water drafting, pumps should be screened with 3/32” plate screen (or equivalent). 

Screens should be kept in good and efficient state of repair, and water must not be withdrawn at 

any time that the screen is removed.

G24. At a pre-arranged meeting time and place, the Forest Service minerals administrator will 

inspect all equipment prior to its placement on NFS land in order to make sure that it is in 

working order, and there are no obvious leaks.

G25: Any existing Forest Service section corners and/or marker trees removed or damaged by 

the miner will be replaced at the miner’s expense.

Hazardous Materials

H1. No processing chemicals shall be used in the process to extract ore unless authorized in a 

Plan of Operations. Authority will be in conjunction with Oregon DEQ permitting regulations.

H2. No chemical flocculent or surfactant shall be used in ponds unless it is EPA approved and 

shown to be safe for aquatic species (amphibians).

H3. Operators shall be required to have a lined containment vault under hazardous material 

storage barrels. 

H4. Before commencing operations, operator shall provide a Hazardous Substances Plan. The 

Plan must include, but is not limited to, hazardous substances (as defined by 29 CFR 1910.120) 

to be used in the mining operation and identification of operators’ representatives responsible 

for supervising initial containment action for releases and, if required by Forest Service, 

subsequent cleanup. Material Safety Data Sheets (MSDSs) for all hazardous materials used will 

be available at the mining operation and all such materials shall be labeled in accordance with 

Federal and State regulations. The Plan should show operator's procedures for reporting and 

responding to a release. The current names and telephone numbers of those to be notified and 

their responsibilities should be listed. The Forest's Emergency Response Coordinator (name 

shall be supplied by the Forest service) should be included as a person to be notified early. The 

Plan should also list the appropriate hazardous substance response services to be employed for 

release assessment and cleanup actions.
Granite Creek Watershed Mining Draft ROD Appendix 4

77

H5. Spill kits shall be available on site in case of an accidental spill. Spill kits (minimum size 40 

gallons) must be able to absorb and contain oils, coolants, solvents and other materials in the 

event of a spill.

H6. Petroleum products or other hazardous substances shall not be released into land, rivers, 

streams, impoundments, or natural or man-made channels leading thereto. Storage of fuel, 

fueling of equipment or routine maintenance shall require the use of oil-absorbing mats, and 

storage would occur outside the Plan-specific stream buffers for mining-related activities (as 

specified in Appendix 11 of the EIS). Oil-absorbing mats are required under all stationary 

equipment to prevent leaking or spilled petroleum base products from contaminating soil and 

water resources. Such material will be furnished by operator and approved by the District 

Ranger before use.

H7. Burning of spilled substances shall not occur unless authorized by the District Ranger and 

Oregon DEQ.

H8. All equipment shall be checked for fluid leaks on a daily basis. All equipment operating on 

mining operation will be in good repair and shall be free from leakage of lubricants, fuel, 

coolants, and hydraulic fluid. Servicing of all equipment shall be done only in the areas 

approved by the District Ranger as part of the Plan of Operations. Unless otherwise agreed, 

operator shall properly dispose of all contaminated soil, vegetation, debris, vehicle oil filters 

(drained of free-flowing oil), oily rags, and waste oil in accordance with local, State, and Federal 

regulations off NFS lands and shall transport such substances in accordance with State and 

Federal regulations.

H9. Operator shall immediately implement the Hazardous Substances Plan, notifying 

appropriate agencies, including the Forest Service, concerning all spills, leaks, or other releases 

of petroleum products or other hazardous substances (as defined in (29 CFR 1910.1200 and/or

releases) on or in the vicinity of all NFS lands which are caused by operator's employees, 

directly or indirectly, as a result of mining operations. Plans of Operations must display storage 

locations for hazardous substances.

H10. In addition to taking initial action to contain all releases, operator shall be held liable for all 

damages and costs of additional labor, subsistence, equipment, supplies, and transportation 

deemed necessary by the government for the containment and cleanup of petroleum products 

or other hazardous substances.

H11. If the total oil or oil products storage exceeds 1,320 gallons or if any single container 

exceeds a capacity of 660 gallons, operator shall prepare and implement a Spill Prevention 

Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA

requirements (40 CFR 112), including certification by a registered professional engineer. This 

plan shall include notification of appropriate State and local officials, the Forest Service, and 

other appropriate agencies.

H12. It is the intent that all releases shall be removed from NFS lands and disposed of 

according to above regulations. De minimus (trifling) releases are occasional drips that fall from 

operating equipment. Routine systematic releases are drips that become increasingly worse 

and/or operator takes no preventative action to curtail releases. The Forest Service is not 

expected to enforce this provision as to de minimus releases, but routine systematic releases 

warrant enforcement.
Appendix 4 Granite Creek Watershed Mining Draft ROD

78

Fire Protection and Suppression Requirements

Specific fire prevention measures are listed below and shall be effective for the period of April 1 

to October 31 of each year. The Forest Service may change the dates of said period by 

advance written notice if justified by unusual weather or other conditions. Required tools and 

equipment shall be kept currently in serviceable condition and immediately available for initial 

attack on fires. 

Compliance with State Forest Laws - Listing of specific fire precautionary measures herein is 

not intended to relieve the operator in any way from compliance with the State Fire Laws 

covering fire prevention and suppression equipment, applicable to operations under this Plan of 

Operations. These requirements meet the intent of 36 CFR 228.11.

F1. Fire Plan – Before starting any operations, the mine operator shall prepare a fire plan, in 

cooperation with the district minerals administrator, providing for the prevention, notification and 

control of fires in the project area.

F2. Substitute Measures - The District Ranger may by written notice authorize substitute 

measures or equipment or may waive specific requirements during periods of low fire danger.

F3. Emergency Measures - The Forest Service may require emergency measures, including 

the necessary shutting down of equipment or portions of operations in the mining claim during 

periods of fire emergency created by hazardous climatic conditions. 

F4. Fire Control - The mine operator shall, independently and in cooperation with the WWNF, 

take all reasonable action to prevent and suppress fires on the mining claim. Independent initial 

action shall be prompt and shall include the use of all personnel and equipment available in the 

mining claim. 

F5. Fire Precautions

1) Smoking and Open Fires -Smoking and fires shall be permitted only at the option of the mine 

operator. Campfires shall be on mineral soil within a fire ring (either rock or metal) and shall not 

be left unattended. Unless restricted by State Law or Federal Regulation, smoking shall be 

permitted only in such portions of the mining claim that are free of flammable material. Smokers 

shall extinguish and press out all burning material in a closed container or in mineral soil before 

leaving the cleared area. 

2) Fire Extinguishers and Equipment on Trucks, Tractors, etc. - All power-driven equipment 

operated on NFS lands, except portable fire pumps, shall be equipped with one fire extinguisher 

having a UL rating of at least 5 BC, and one "D" handled or long-handled, round-point shovel 

size "0" or larger. In addition, each motor patrol, truck, and passenger-carrying vehicle shall be 

equipped with a double-bit axe or Pulaski, 31⁄2 pounds or larger. Equipment shall be kept in a 

serviceable condition and shall be readily available.

3) Power Saws - Each gasoline power saw operator shall be equipped with a pressurized 

chemical fire extinguisher of not less than 8-ounce capacity by weight and one long-handled, 

round-point shovel, size "0" or larger. The extinguisher shall be kept in possession of the saw 

operator at all times. The shovel shall be accessible to the operator within 1 minute.
Granite Creek Watershed Mining Draft ROD Appendix 4

79

4) Spark Arresters and Mufflers - Each internal combustion engine shall be equipped with a 

spark arrester meeting either (1) USDA Forest Service Standard 5100-1a, or (2) appropriate 

Society of Automotive Engineers (SAE) recommended practice J335(b) and J350(a) as now or 

hereafter amended unless it is:

(a) Equipped with a turbine-driven exhaust supercharger such as the turbocharger. There shall 

be no exhaust bypass.

(b) A passenger-carrying vehicle or light truck or medium truck up to 40,000 GVW used on 

roads and equipped with a factory-designed muffler complete with baffles and an exhaust 

system in good working condition.

(c) A heavy duty truck, such as a dump or log truck, or other vehicle used for commercial 

hauling, used only on roads and equipped with a factory designed muffler and with a vertical 

stack exhaust system extending above the cab.

Exhaust equipment described in this subsection, including spark arresters and mufflers, shall be 

properly installed and constantly maintained in serviceable condition.

F6. The operator shall observe all the requirements of the Industrial Fire Precaution Level. It is 

the responsibility of the operator to obtain the Industrial Fire Precaution Level daily. The 

Industrial Fire Precaution Level may be obtained daily from the Forest Service at approximately 

4PM to 6PM, local time. (R6-FS-6300-51 Regional Forester Order No. 3).

F7. Fire Security - When the Industrial Fire Precautions Level is "I" or higher, unless a waiver is 

granted, the operator shall designate a person who shall perform fire security services listed 

below on the mining claim and vicinity. The designated person shall be capable of operating the 

operator's communications and firefighting equipment specified in F-6b, and of directing the 

activities of the operator's personnel on forest fires. In lieu of having the designated person 

perform the required supervisory duties, the operator may provide another person meeting the 

qualifications stated above to direct the activities of the operator's personnel and equipment 

during all firefighting activities. 

Services described shall be for at least 1 hour from the time the operator's operations are shut 

down. For the purposes of this provision, personnel servicing equipment and their vehicles who 

are not engaged in cutting or welding metal are excluded. 

Fire security services shall consist of moving throughout the operation area or areas constantly 

looking, reporting, and taking suppression action on any fires detected. 

Whenever the Industrial Fire Precaution Level is "II" or greater, a fire security person equipped 

with a long-handled, round point, Number "0" or larger, shovel, and a five-gallon backpack pump 

can filled with water will stay at the location of a blast for 1 hour after blasting is done. Blasting 

may be suspended by Forest Service in writing, in an area of high rate of spread and resistance 

to control.

F8. Surface blasting - Fuses shall not be used for blasting. Explosive cords shall not be used 

without written Forest Service permission, which may specify conditions under which such 

explosives may be used and precautions to be taken. 
Appendix 4 Granite Creek Watershed Mining Draft ROD

80

Invasive Species and Noxious Weeds

IS1. The minerals administrator will provide the mine operator with a noxious weed identification 

book and a map of known noxious weed locations on or near the proposed activity area so that 

the operator is able to recognize the presence of noxious weeds.

IS2. Actions conducted or authorized by written permit by the Forest Service that will operate 

outside the limits of the road prism, require the cleaning of all equipment (e.g. heavy equipment, 

pumps, ATVs) prior to entering NFS lands, and will comply with regional and forest-specific 

invasive plant management plans, and the 2011 Region 6 Aquatics Invasive Species 

Management Plan. 

IS3. Use only gravel, fill, sand, and rock that is judged to be weed free by Forest Service weed 

specialists.

IS4. The presence of any previously unknown invasive species infestations (aquatic or 

terrestrial) should be reported to the Forest Service Minerals Administrator as soon as possible. 

Upon notification, Forest Service employees shall initiate a weed inventory at the reported site.

IS5. All ground disturbing activities will avoid inventoried (as identified on the map provided in 

IS1) noxious weed infestations during times of seed production. If avoidance is not feasible, 

then mechanical treatment (pulling chopping, weed eating, etc.) will occur prior to any ground 

disturbing activities. Treatment of these areas will, at the minimum, remove all flower heads 

prior to seed set.

IS6. When invasive plants begin to grow on stockpiled soil, mechanical treatment will occur to 

prevent seed set. Mechanical treatment (like pulling, chopping, etc.) will occur as flowers begin 

to form. The resulting organic matter may be left on site if removed prior to seed set.

Lode Mines 

L1. When water from an adit is used in the mining process, it shall be piped or trenched around 

the mine dump to a settling pond for use. Certified weed-free straw bales and filter cloth will 

also be used to minimize sediment if determined necessary by the District Ranger.

L2. Settling ponds shall not be built on mine dumps.

L3. Prior to the beginning of operations, the operator(s) will test any adit discharge for 

compliance with the CWA and Safe Drinking Water Act, Oregon State and the EPA, at a Forest 

Service approved testing facility. As conditions change during operations, the operator(s) will 

periodically test the discharge to see if water chemistry has changed (e.g. heavy metals or 

sulfides). Upon completion of the operations, a final water quality test of the adit discharge will 

be completed. Testing procedures will follow DOGAMI protocol.

L4. When processing is conducted on Forest Service land, tailings from the first run will need to 

be tested at an approved testing facility to see if they have the potential to release acidity or 

other contaminates. (See EPA standards and CWA for guidelines). Testing of the waste rock 

may be required based on the type of rock present. Additional testing will be required 

throughout the life of the operation as conditions change. Upon completion of the operations, a 
Granite Creek Watershed Mining Draft ROD Appendix 4

81

final test of the tailings and waste rock will be required before the Plan can be closed out. 

Reclamation procedures may be modified, depending on the results of the testing.

L5. When testing of adit discharge, tailings or waste rock, a copy of the test results will be 

sent directly from the testing facility to the District Ranger. Should the results exceed 

EPA and ODEQ’s standards, the operator must address this issue prior to continuing this 

portion of the operation (36CFR 261.11 (c)). A modification to the Plan may be required as per 

direction found in 36CFR 228.4 (e). 

L6. Water and winter run off will be diverted around tailings and waste rock piles.

L7. When opening a collapsed adit portal, the surface soils will be set aside for later closure of 

the adit or use as top soil for reclamation.

L8. Should water begin to discharge from previously dry adits, the District Ranger will be 

notified immediately and L3 and L5 would apply. 

L9. Tailings, waste rock, and soil piles will be placed in separate /locations. Tailings and waste 

rock piles will be placed a sufficient distance from any nearby surface waters such that no 

surface discharge from the waste rock or tailings will reach the waters.

L11. Portal discharges resulting from underground development conducted during the life of the 

approved Plan of Operations must meet State standards for water quality for the receiving 

stream. The point of compliance shall be at the point of entry into Waters of the State. If water 

quality standards are exceeded, then the operator(s) shall comply with OAR 340-041-0004. If 

treatment systems are needed to meet State Water Quality standards, a supplemental plan 

must be submitted to the District Ranger for approval prior to implementation.

L12. Decontamination procedures for White Nose Syndrome “Geomyces destructans” will be 

required for all equipment leaving or coming into an adit site. See project file for procedures as 

of Jan 25, 2013. The most current procedures can be found at the following web site or through 

local State or Federal Fish and Wildlife 

office. http://www.whitenosesyndrome.org/topics/decontamination

Placer Mines

P1. When mining or processing old lode tailings or waste rock, then the following Lode

requirements apply: L1-6, L8-10, L11.

Reclamation Requirements

Ongoing Reclamation 

R1. Prior to reclamation, the operator will coordinate with the Forest Service on reclamation 

activities for things such as, but not limited to, placement of topsoil, use of slash (e.g. scattering 

on the surface, burying to create an organic layer), seed mixes and seeding rates, and means of 

accelerating vegetative recovery and soil development.
Appendix 4 Granite Creek Watershed Mining Draft ROD

82

R2. Reclamation shall be ongoing to ensure stabilization of the area and so that a minimum 

amount of ground will be open at any time. 

R3. Use certified weed-free straw for all projects, conducted or authorized by the Forest 

Service, on NFS lands. If State certified straw is not available, use sources certified to be weed 

free using the North American Weed Free Forage Program Standards or a similar certification 

process.

R4. All mining excavations, not approved for winter hold over, will be refilled and reclaimed 

to normal contours before seasonal shutdown of each year. This shall include refilling of the 

excavations, re-vegetating to avoid active erosion, and mulching with certified weed-free straw. 

R5. All mining excavations, approved for winter hold over, shall be stabilized prior to seasonal 

shutdowns or extended periods of inactivity. This shall be accomplished before any equipment 

is removed. Stabilization includes, but is not limited to, the following: covering the stockpiled 

top soil and other areas of bare soil with certified weed-free straw, sloping pond sides and 

trenches, and installing sediment barriers in disturbed areas such as roads or mined area to 

prevent soil from reaching stream channels.

R6. Topsoil, where it exists, shall be scraped off the areas to be excavated and stockpiled for 

later reclamation. All material shall be stockpiled in the order that it was excavated and used to 

refill the excavation in that order. 

R7. At the end of each operating season, areas of stockpiled soil (including silt removed from 

placer mining settling ponds, or removed topsoil) will be covered with at least 3 inches of 

certified weed-free straw. 

R8. General specifications for revegetation, such as seed mixes, shrub types, and the rate of 

application or planting densities, will be developed by the time of Operating Plan approval. 

Actual seed mixes, shrub types, and the rate of application or planting densities will be finalized 

at the time reclamation begins in coordination with the Forest Service. 

R9. Re-vegetated areas will initially be inspected for stocking and planting methods and then 

evaluated annually by the Forest Service to determine if the site’s original or surrounding 

densities have been maintained. Year to year improvement must occur in order for that portion 

of the bond, held for re-vegetation, to be returned. Annual improvement must show 

establishment of desired species and spread, equal to or greater than 10% each year such that 

by the end of year 3 there is at least 30% establishment in order to meet the objectives of this 

requirement (W-W LMP pg. 4-25)(UMA LMP 4-70 & 80)(BMP Min-8).

R10. The operator must follow the requirements of the State of Oregon 600 permit (General 

Water Pollution Control Facility Permit issued pursuant to ORS 468B.050) as it applies to use of 

ponds as settling ponds. Water shall be contained in settling ponds with no sediment discharge 

allowed. All ponds approved to be left open during seasonal shutdown shall be left dry or at the 

normal water table. The mine operator shall have certified weed-free straw bales or waddles or 

other material available on-site, that are approved by the Forest Service, to be used as a 

filtering agent should overtopping of ponds or significant soil movement from storm events 

occur.
Granite Creek Watershed Mining Draft ROD Appendix 4

83

Final Reclamation 

R11. All mined areas included in Plan of Operation activities shall be returned to natural or nearnatural contours; if located on the hillside, the areas will be benched for stability.

R12. Following re-contouring of the ground, the ground will be seeded with an appropriate seed 

species mix or locally appropriate native trees and shrubs. Appropriate seed mixes will be 

created through consultation with the Forest Service.

R13. Mine access roads, landings, and terrace areas created under the mining operation shall 

scarified to a depth of 2 to 4 inches, seeded with seed certified free of noxious weeds, and 

covered with certified weed-free straw and wood, if available, to discourage vehicle access.

R14. Exposed cutbanks created by the operator (excluding streambanks and terrace banks) 

shall be sloped to a 2:1 slope to minimize soil movement wherever testing in these banks has 

taken place.

R15. In order to determine which Plan-specific ponds should be reclaimed or retained, and 

whether modifications are necessary for the retained ponds, refer to Appendix 7, Alternative 3. 

Pond Reclamation: Where ponds are identified for reclamation, the pond shall be backfilled, recontoured and seeded as specified in R12. 

Pond Retention AND modification required: Where existing or newly constructed ponds are 

identified for retention and modification, the operator should slope sides from 0-18” deep along 

the north, west, and east edges. This sloped portion of the pond should be a minimum of 3 feet 

in width. These specifications were developed to provide spotted frog breeding habitat. Species 

of vegetation planted around the retained ponds will reflect the native species composition for 

the area. Pre-existing ponds that are occupied/suitable for amphibians shall be left for 

amphibian habitat. 

Pond Retention BUT no modification required: Leave pond as is.

R16. In mid to late fall, after completion of operations, the miner will distribute certified weedfree straw, 3 inches thick over approximately two-thirds of the area leaving small open patches 

distributed across the site. Seeding will not take place at this time, but will occur the following 

year when the straw has partially dried.

R17. All stockpiled topsoil and/or other suitable fines, such as silt from the settling ponds, shall 

be spread over disturbed areas in an ongoing restoration program after consultation with the 

Forest Service as to placement of fines and/or topsoil, and will be consistent with the approved 

Plan of Operations and reclamation standards included in the WWNF Forest Plan and UNF 

Forest Plan (WWNF Forest Plan, 4-25 #27-29, UNF Forest Plan(4-80 #2) 

R18. Final reclamation will be evaluated for success, with consideration given to variables such 

as the time of the year, how much topsoil was available, the density of the existing ground 

cover, and if native plants are establishing, and is consistent with the reclamation standards 

included in the WWNF Forest Plan (Forest Plan, 4-25 #27-29 and Umatilla NF Forest Plan (4-70 

#1-6, and 4-81).
Appendix 4 Granite Creek Watershed Mining Draft ROD

84

Requirements for Working in Wetlands and Floodplains

These requirements, along with the reclamation requirements above, are included to meet the 

intent of Executive Order 11990 – Protection of Wetlands, and Executive Order 11988 –

Protection of Floodplains

W1. Mining in the floodplain or wetlands will be accomplished by placing equipment in dry areas 

located outside the floodplain or wetland. The wet areas and floodplain areas will be mined and 

reclaimed after July 1. Seasonal reclamation shall be accomplished by late fall in time to allow 

for the areas to revegetate and stabilize before winter (see R8 and R9 for specifications 

regarding revegetation). 

W2. Where wetland vegetation is approved to be removed, it shall be kept wet by placing it in 

the ponds for up to 14 days while the area is being mined and reclaimed. The vegetation shall 

be replaced in the riparian area to approximately the original density and monitored for success 

for 3 years as described in R9 above. The success of final reclamation shall be evaluated as 

stated in R18 above.

W3. The size, location and function of wetlands after reclamation shall be similar to what now 

exists

Road-related Requirements (Z-Requirements)

Definitions:

Open road: Road designated for motorized travel on a Motor Vehicle Use Map and/or 

designated as a National Forest System Road Operating above a Maintenance Level 1. This 

includes roads seasonally open. 

Closed road: Road listed in a forest transportation atlas and a National Forest System Road 

operating at a Maintenance Level 1 and/or not shown on a Motor Vehicle Use Map. 

Temporary access road: Roads created by the operator whether by blading or continued 

travel. A road or trail necessary for emergency operations or authorized by contract, permit, 

lease, or other written authorization that is not a forest road or trail and that is not included in a 

forest transportation atlas. These roads are not necessary for long-term resource management 

and will be decommissioned after use. The level of decommissioning will be specified in the 

operating plan. Temporary access roads are given a number in the operating plans for tracking 

and mapping purposes. An “M” number is an operator-created road that the operator is 

responsible for decommissioning and/or obliterating once mining activity is complete. An “E” 

number is an existing road designated for use by the operator, and the operator is not required 

to decommission and/or obliterate once mining activity is complete.

Decommissioned road: A road that was listed in a forest transportation atlas and has had an 

action taken to eliminate use of the road, eliminate resource protection concerns, has no 

deferred maintenance needs, and requires no further maintenance. These roads have a route 

status of “decommissioned”. If specified in the operating plan, these roads may be utilized as 

temporary access roads, in lieu of new ground-disturbing construction.
Granite Creek Watershed Mining Draft ROD Appendix 4

85

Requirements: 

The following requirements apply only during the dry season window (generally July 1 to 

October 1). During the dry season window, it would be unusual to get enough precipitation over 

a duration long enough to cause significant road damage. Outside the dry season window, 

weather and road conditions become variable daily. Operators working outside this window will 

be required to consult with the Forest Service to determine if special road Best Management 

Practices (BMPs) are required. The type of special BMPs required will vary and may range 

from timing of vehicular passage to full construction of erosion or drainage control structures 

The operator will be responsible for acquiring state, county and or local permits and activities 

shall be in accordance with the current edition of the National Forest Commercial Road Use 

Rules for hauling of mining equipment or excavated materials.

Z1. Use of closed and temporary access roads will be incidental to mining operations.

Z2. Temporary roads proposed in the Plan of Operations will be flagged by the operator and 

ground verified by the Forest Service prior to creation. The creation of these temporary roads 

should be with minimal impact to the environment, fit the terrain, limit the need for excavation by 

following natural contours, favor lower slope routes, and be consistent with other environmental 

protections. 

Z3. Prior to use of existing closed or temporary access roads identified for use in the plan of 

operations, danger trees shall be identified by certified Forest Service personnel. The operator 

is responsible for felling of the danger trees and clearing any debris from the road prior to use. 

Danger trees shall be left on the ground in a stable manner, so as not to roll onto the road or 

encroach the traveled way, and left for wildlife purposes or dealt with as stated in the G6 

requirement. 

Z4. Existing closed and temporary access roads shall have brush and trees removed to the 

extent necessary to accommodate the movement of the operator’s equipment and vehicles only. 

All stumps and brush in the road bed to be removed shall be flush cut no more than 2 inches 

above the ground. Grubbing of roots and stumps shall only be allowed with prior written 

approval from the Forest Service. To minimize the potential for road damage, removal of trees 

and brush is limited to the dry season. 

Z5. Disposal of trees/brush removed from proposed and existing closed and temporary access 

shall be accomplished in one of the following ways, based on site-specific characteristics 

determined in writing by the Forest Service: 1) Vegetation shall be scattered on the downhill 

side of the road, and shall not be placed in draws, catch basins, ditch lines, or stream channels. 

2) Vegetation shall be moved to a Forest Service designated site, and left in piles of a size 

approved by the Forest Service. 

Z6. The operator shall be responsible for reducing water flow concentrations resulting in road 

erosion on closed and temporary access roads. Traveled way maintenance activity shall be 

limited to the dry season to minimize the potential for road damage. Minor road work, such as 

slough removal, shall be in permitted areas where the fill slope materials have settled over time. 

Minor blading and shaping of the road shall be permitted to remove minor deformities (i.e. 

boulders, holes, gullies) in travel ways that impede the passage of high-clearance vehicles. A 

rocky-based material shall be applied to wet (i.e. seep areas) or eroded areas, as prescribed by 

the Forest Service, in order to minimize or prevent gullying of the road, concentration of flow, or 
Appendix 4 Granite Creek Watershed Mining Draft ROD

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rutting and pooling of water. All sources of rocky material shall be approved by the Forest 

Service in writing prior to application. 

Z7. All closed roads and temporary access roads used by the operator shall be prepared for 

seasonal runoff during inactive periods (over winter). Water bars shall be constructed to provide 

effective surface drainage relief. 

Z8. During the use and maintenance of all closed or temporary access roads, surface drainage 

and erosion control features or structures shall be maintained, repaired or installed. This work 

shall be accomplished in a manner to effectively control and/or prevent water concentrations 

upon the road bed and prevent or eliminate the movement of sediment from any activity or 

source from entering into streams. Examples of erosion control and drainage structures, and 

those to be maintained, repaired, or installed include silt fences, erosion control blankets, 

earthen berms, sediment catch basins, drain dips, armored grade sags, water bars and 

corrugated metal pipes. New installation of these structures shall be agreed upon by the Forest 

Service prior to installation. 

The above structures shall be positioned to optimize the use of existing filter strips (vegetated 

area of land between road/sediment sources and the stream, capable of providing filtering and 

confinement, reducing water velocity to prevent transport of sediment into the stream). All 

drainage and erosion control structures shall be maintained to function during actual use and 

throughout periods of seasonal non-use. Additional measures shall be employed, if necessary, 

to counteract additional drainage and erosion needs during traditional wet seasons. The 

additional structures shall be installed prior to a seasonal shut down. The Forest Service may 

direct additional measures be implemented prior to high-intensity drainage periods (i.e. winter, 

spring snow melt and rain).

Z9. Seasonal wet areas in access roads shall be avoided until they have dried up, unless 

otherwise approved in writing by the Forest Service. If a seasonal wet area must be crossed 

prior to drying up, the crossing site will be designed to permit continued subsurface diffuse flow 

(i.e. French drain) and prevent rutting or channel development. The design and materials to be 

used shall be reviewed and approved by the Forest Service in writing prior to construction.

Z10. Crossing of permanent wetlands to access a site will be avoided. 

Z11. Crossing a channel with intermittent flow to access mining operations shall occur only at 

Forest Service approved locations. Additional measures (i.e., culvert, ford, etc.) may be 

required if determined necessary by the Forest Service. 

Z12. During seasonal shutdowns, to restrict vehicular travel, the operator is responsible for 

closing roads not designated as open and all temporary access roads as identified in the Plan of 

Operations. 

Z13. Proposed gate location as identified in the Plan of Operations shall be approved by the 

Forest Service District Ranger before installation. The gate shall be constructed according to 

the National Forest specifications (project file).

Z14. Temporary access roads that have a road number ending with an “M”, shall be 

decommissioned or hydrologically obliterated by the operator (as defined below) when mining 

activities are completed. Methods are to be approved in writing by the Forest Service district 

ranger prior to decommissioning or hydrologically obliterating. 
Granite Creek Watershed Mining Draft ROD Appendix 4

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Decommission: To remove those elements of a road that reroute hill slope drainage and 

present slope stability hazards. 

Hydrological obliteration: The reclamation and or restoration of land to resource production 

from that of a transportation facility. The roadbed is treated so that it no longer functions as a 

road. The wheel tracks or pathway is no longer continuous or suitable for traffic. This may 

involve some of the following activities: Closing entrances, scarifying road surfaces, 

decompacting (sub soiling) to establish vegetation and reduce run-off, seeding, partial to full 

restoration of the stream channel crossings by removing culverts.

Monitoring

M1: The operator will visually evaluate the clarity of the creek water upstream and downstream 

of their operation at a minimum prior to beginning work that day and after ceasing operations 

that day. If there is a change in water clarity below the mining site, the operation shall cease 

work until the cause of the sediment input is determined by the Forest Service (36CFR 261.11 

(c)). Notification of the Forest Service of the change in water quality shall occur no later than 

the end of the first normal working day after the observation has been made. 
Appendix 4 Granite Creek Watershed Mining Draft ROD

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Granite Creek Watershed Mining Draft ROD Appendix 5

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Appendix 5 – USFWS and NMFS Review Draft Terms and 

Conditions 

US Fish and Wildlife Service

Received February 2, 2016 (initial draft T&Cs March 11, 2015)

1. To implement reasonable and prudent measure #1 (avoid bull trout), the UNF/WWNF shall 

enforce upon claimants, the following:

a. Placer mining operations, temporary road construction, water withdrawal and use of stream fords must 

shut down immediately if the operator observes adfluvial adult (large) bull trout. The operation must 

remain shut down until the fish move(s) at least 100 ft. upstream of the operation or at least 500 ft. 

downstream.

b. Miners must be particularly vigilant with regard to early rearing bull trout, as this life stage may be 

present in the substrate being affected by fording. If early rearing bull trout are observed, or their presence 

suspected, in or near the substrate while fording is occurring, operations must shut down until the fish have 

moved out of the immediate area. Miners and a FS fisheries biologist must coordinate regarding the 

identification of early rearing bull trout.

c. All mining operations must shut down immediately if any sick, injured, or dead specimen of bull trout 

is found (see Section 8.5). In addition, if any fish eggs are excavated or if destruction of redds is observed, 

operators must contact the FS and receive authorization to proceed prior to resuming operations.

2. To implement reasonable and prudent measure #2 (minimize habitat effects), the UNF/WWNF 

shall enforce upon claimants, the following:

a. All placer mine “no activity” streams buffers must be maintained between streams and mining 

activities.

b. Prior to using stream fords, operators must meet with a FS fisheries biologist who will inspect each 

existing and proposed ford site. No fording will be allowed in areas of known bull trout spawning or in 

areas identified as spawning habitat.

c. Ford crossing will only occur during the ODFW in-water work window for all use. If the miner 

proposes to ford outside the in-water work window, then a FS fish biologist must inspect the crossing and 

approve beforehand.

d. Fords must be located in areas of large substrate not preferred by spawning bull trout.

e. There should not be any streambank disturbance except at fords, because each Plan has a “no activity” 

buffer. Should unexpected streambank disturbance occur in any way, the banks must be restored to the 

original contour and re-vegetated with native species at the end of the annual mining season the disturbance 

occurred in.

f. Camping areas, paths, and other disturbed sites that are located along stream banks and that are 

associated with mining operations must be re-vegetated or otherwise restored to their original conditions at 

the end of the mining season.
Appendix 5 Granite Creek Watershed Mining Draft ROD 

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g. Any temporary roads, road repair or road maintenance proposed by the claimant that will occur within 

any RHCA or which has the potential to transmit sediment to stream channels must be specifically 

approved by the FS in detail and in writing, and will be inspected by the FS during the mining season.

h. Operators must cease activities during the wet periods when Project activities are causing excessive 

ground disturbance (visible ground disturbance due to soil saturation) or excessive damage 

(muddying/rutting) to roads

i. Mining operators must not remove, relocate, or disturb stable in-stream woody debris or boulders greater 

than 12 inches in diameter.

j. The operator will not remove any large down or standing woody debris or trees for firewood within one 

tree length of the stream.

k. Operators will not move cobbles in the stream course to the extent that the deepest and fastest portion of 

the stream channel (i.e., the thalweg) is altered or moved.

l. No mechanized equipment will be operated below the mean high water mark except for when fording at 

designated sites. 

m. Gasoline and other petroleum products must be stored in spill-proof containers at a location that 

minimizes the opportunity for accidental spillage.

n. A spill kit must be available in case of accidental spills. Soil contaminated by spilled petroleum 

products, must be excavated to the depth of saturation and removed from the National Forest for proper 

disposal.

o. Operators will not entrain, mobilize, or disperse any mercury discovered during mining 

operations. Operators must cease operations and notify the FS if mercury is encountered in placer 

material. Operators must not use mercury, cyanide, or any other hazardous or refined substance to recover 

or concentrate gold.

p. To prevent the threat of aquatic invasive species, tools used while placer mining, and associated 

equipment must be thoroughly cleaned with a pressure washer and dried at least five days prior to use on 

the Forest. 

3. To implement reasonable and prudent measure #3 (Implementation, effectiveness, bull trout monitoring and 

reporting), the UNF/WWNF shall:

a. Once per season, turbidity monitoring shall be conducted to assess the extent and duration of turbidity 

plumes associated with “no activity” buffers of 20 ft. or less, i.e. Eddy Shipman on Granite Creek, 

Grubsteak on Clear Creek, and Ruby Group on Ruby and Clear creeks. Turbidity monitoring shall occur 

during active placer mining at 300 ft. downstream of the project area. Turbidity at the downstream sample 

location shall be recorded every 30 minutes until the plume has dissipated.

b. Once per week during construction and then once a month for the rest of the first season only, turbidity 

monitoring shall be conducted to assess the extent and duration of turbidity plumes associated with 

temporary road construction for Tetra Alpha Placer and Tetra Alpha Lode and Mill. Turbidity monitoring 

shall occur during construction of the temporary road. If noticeable turbidity is observed reaching the 

stream, all activities must cease immediately or decrease in intensity until no increase in turbidity is 

observed at a 300 ft. mark downstream of the origin of turbidity. 

 c. Once per month, per the first season, turbidity monitoring shall be conducted to assess the extent and 

duration of turbidity plumes associated with each stream ford and must occur during mobilization of both 
Granite Creek Watershed Mining Draft ROD Appendix 5

91

heavy equipment and daily equipment such as pick-up trucks and all-terrain vehicles. Turbidity monitoring 

shall occur approximately 300 ft. downstream of each ford, immediately following fording (i.e., when the 

plume reaches the monitoring location), and occur every five minutes until the plume dissipates. 

Background turbidity shall be collected prior to fording, and may be collected at the downstream 

monitoring location. The type and number of vehicles/heavy equipment fording the stream shall also be 

recorded.

 d. Stream flow shall be measured, monitored and recorded during water withdrawals for each mine a 

minimum of once per month each season for the following mines: Grubsteak mine on Clear Creek, 

Lightning Creek mine on Lightning Creek; and Tetra Alpha Placer, Lode and mill mines on Boulder Creek.

 e. Water withdrawal from instream flow cannot exceed more than the established water rights identified in 

the Assessment during the water withdrawal period (Table 3). 

 f. Provide a written report or letter to the Service, by December 31 of each year indicating:

i. The actual number of bull trout taken, if any, including observations by claimants of any 

adfluvial and early life stages of bull trout (per Terms and Conditions 1.a. and 1.b.), and any 

relevant biological/habitat data or other pertinent information on bull trout that was collected;

ii. The results of the turbidity plumes observed in the “no activity buffers” for Eddy Shipman on 

Granite Creek, Grubsteak on Clear Creek, and Ruby Group on Ruby and Clear creeks. 

iii. The results of the turbidity monitoring associated with each ford.

iv. The results from stream flow monitoring associated with each water withdrawal.

v. The results of any unexpected streambank disturbance, along with the restoration and revegetation associated with the disturbance.

vi. Any new findings by FS fisheries biologist regarding stream fording in newly identified bull 

trout spawning and rearing habitat and relevant mitigation.

vii. Claimant/operator compliance with the Terms and Conditions of this Opinion;

viii. Remedies to address and resolve any identified problems; and

ix. Any environmental effects of the action that were not considered in the Assessment or this 

Opinion.

x. In addition, the report will include the location and duration of each miners/Plan’s mining 

activities. Individual miners should keep a daily log of mining activities to facilitate the FS’s 

compliance with this monitoring requirement.

g. Submit all reports to: U.S. Fish and Wildlife Service, Attn: Suzanne Anderson, 3502 Highway 

30, La Grande, OR 97850

National Marine Fisheries Service

Received January 6, 2016 (initial draft T&Cs June 23, 2015)

1. To implement reasonable and prudent measure #1 (placer mining), the UNF/WWNF shall ensure that:
Appendix 5 Granite Creek Watershed Mining Draft ROD 

92

a. No mining activities occur in reaches and sites that have been identified to contain steelhead or salmonid 

spawning habitat.

b. All streams buffers are maintained between streams and mining activities. 

c. No shade trees or riparian vegetation are removed along stream banks. 

d. Have a staff monitor the sites at least once per season to ensure the following:

i. Turbidity plumes do not extend beyond 300 feet downstream.

ii. Turbidity plumes do not extend across more than half of the stream width. 

iii. Require the miner to cease operations if the criterion for the extent of take in this opinion is 

exceeded (i.e. active surface area disturbed per site as identified in Table 2; or turbidity exceeded 

farther than 300 feet downstream from the active worksite). 

iv. All required end of season vegetation planting, restoration and reclamation are completed at 

the end of the season. 

e. Include all terms and conditions in all permits, grants, or contracts issued under the proposed action.

2. To implement reasonable and prudent measure #2 (stream fords), the UNF/WWNF shall ensure that:

a. No stream ford crossings in known spawning habitat.

b. Stream crossing only occurs during the in-water work period July 15–Aug 15. If the miner proposes to 

ford outside the in-water work window, then a FS fish biologist must inspect the crossing and approve 

beforehand.

3. To implement reasonable and prudent measure #3 (water withdrawals), the UNF/WWNF shall ensure 

that:

a. During water withdrawals, streams maintain sufficient instream flow, and temperatures to support 

rearing juvenile steelhead and salmonids during withdrawal periods. 

b. Stream flow is measured, monitored and recorded during water withdrawals for each mine at least once 

per month each season during low flows for the following sites: Olive Tone mine on Olive Creek, 

Lightning Creek mine Lightning Creek; and Tetra Alpha Placer, (lode and mill) mine on Boulder Creek. 

c. Water withdrawal from instream flow cannot exceed more than the established water rights identified in 

the BA during the summer low flow season.

d. Require the miner to cease operations if stream flow below the operation site is dry below where the 

miner is working prior to August 15, then the miner must cease withdrawing water from the creek until 

flow exceeds the amount withdrawn. 

4. To implement reasonable and prudent measure #4(water quality), the UNF/WWNF shall ensure that:

a. No direct discharge of processed water into streams with ESA-listed fish or critical habitat will be 

allowed. 
Granite Creek Watershed Mining Draft ROD Appendix 5

93

b. No chemicals will be used during mining activities to process rock, tailings or materials that can pollute 

or contaminate sediments or water quality.

c. A supply of sediment control materials (e.g., biofilter, sandbags, straw bales[1], wattles) is on site for 

emergency erosion control purposes.

d. Erosion controls are in place and properly installed from the commencement of disturbance through 

site restoration. Silt fences installed prior to placer activities and the streams. 

e. Turbidity monitoring occurs as follows:

i. All in-water disturbance, or discharge of return water shall be conducted to minimize 

sedimentation and turbidity in the stream.

(1) If a turbidity plume is observed. Compliance will be measured or observed 

approximately 300 ft downstream from the project area. If turbidity exceeded background 

levels by more than 10% above background levels at 300 feet from the activities, and any 

steps taken to reduce turbidity levels.

ii. If visual plume is observed, best management practices will be modified and monitoring 

continued every 4 hours. 

iii. Require the miner to cease operations if the criterion for the extent of take in this opinion is 

exceeded (i.e. turbidity plume beyond 300 feet downstream from the active worksite).

f. Mechanical staging. Vehicles must be fueled, operated, maintained, and stored as follows:

i. Vehicle staging, cleaning, maintenance, refueling, and fuel storage must take place in a vehicle 

staging area 150 ft or more from any stream, waterbody or wetland. All vehicles operated within 

150 ft of any stream, waterbody or wetland must be inspected daily for fluid leaks before leaving 

the vehicle staging area. Any leaks detected must be repaired in the vehicle staging area before 

the vehicle resumes operation. Inspections must be documented in a record that is available for 

review on request by UNF/WWNF or NMFS.

ii. All equipment operated must be cleaned before beginning operations to remove all external 

oil, grease, dirt, and mud.

iii. Stabilize all disturbed areas following any break in work unless construction will resume in 4 

days.

g. A chemical and pollution control plan and will be prepared and carried out, commensurate with the 

scope of the project, which includes:

i. The name, phone number, and address of the person responsible for accomplishing the plan.

ii. Best management practices to confine, remove, and dispose of waste, debris, discharge water, 

petroleum product, or other hazardous materials generated, used, or stored on-site.

iii. Procedures to contain and control a spill of any hazardous material generated, used or stored 

onsite, including notification of proper authorities.

iv. Steps to cease work under high flow conditions, except for efforts to avoid or minimize 

resource damage.
Appendix 5 Granite Creek Watershed Mining Draft ROD 

94

5. To implement reasonable and prudent measure #5 (monitoring and reporting), the UNF/WWNF shall:

a. Provide NMFs with a copy of the annual monitoring report. It should include the following:

i. Information that is required to be provided to the ODEQ/ and or DSL describing the operator 

compliance with the placer mining rules and the results of visual turbidity monitoring log. 

ii. In addition, submit the results of the Forest Service staff’s monitoring log and monitoring 

results of the downstream extent of the turbidity plume, its width across the stream, and the cubic 

yards of disturbed material based on the area measurements to NMFS. 

iii. Provide monitoring information of water withdrawals, including dates, duration of 

withdrawals, amounts of water withdrawals, and stream flow measurements. 

[1] When available, use certified weed-free straw or hay bales to prevent introduction of noxious weeds.
Granite Creek Watershed Mining Draft ROD Map 1

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