United States 

Department of

Agriculture

Forest 

Service

June 2016

Final 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

Grant County, 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

Existing Condition ........................................................................................................................2

Desired Condition ........................................................................................................................3

Purpose and Need.......................................................................................................................3

Summary of Significant Issues.....................................................................................................3

Significant Issue 1: Water Quality and Quantity .........................................................................3

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

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

Decision Framework ....................................................................................................................5

Selected Alternative 3..................................................................................................................7

Rationale for the Decision............................................................................................................8

Other Alternatives Considered ...................................................................................................13

Alternative 1 - No Action ............................................................................................................13

Alternative 2 – Plans of Operations as Submitted by the Miners ..............................................14

Alternatives Not Analyzed in Detail............................................................................................14

Why Alternative 1 Was Not Selected.........................................................................................14

Why Alternative 2 Was Not Selected.........................................................................................15

Comparison of Alternatives........................................................................................................15

The Environmentally Preferable Alternative ..............................................................................16

Findings Required by Other Laws and Regulations ................................................................16

Wallowa-Whitman National Forest Land and Resource Management Plan (Forest Plan) .......16

Umatilla National Forest Land and Resource Management Plan .............................................17

Fish Management Indicator Species (MIS) ...............................................................................17

Wildife MIS.................................................................................................................................17

Implementation.............................................................................................................................21

Procedure for Change During Implementation ..........................................................................21

Administrative Review - Objection Opportunity .......................................................................22

Operators Administrative Review Opportunities......................................................................22

Errata to the Final EIS..................................................................................................................22

Implementation Date....................................................................................................................22

Contact..........................................................................................................................................22

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

under Alternative 3..................................................................................................................... A-2

Appendix 2 - Forest Service Closed, Decommissioned or Temporary Roads Proposed for Use 

by Miners under Alternatives 2 and 3 .................................................................................... A-33

Appendix 3 – Alternative 3 Monitoring and Inspection Items ............................................. A-41

Appendix 4 - General Requirements for Plans of Operations Included in Alternative 3 ..A-45

Appendix 5 – USFWS and NMFS Terms and Conditions..................................................... A-61

Map 1 –Plan Locations..........................................................................................A-69

Errata to Granite Creek Watershed Mining Project FEIS.............................................A-71
Final Record of Decision Granite Creek Watershed Mining Project

TOC-2
Granite Creek Watershed Mining Project Final 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

Final 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 National Forest System Lands, 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), and 

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

Handbook 1909.15.
Final Record of Decision Granite Creek Watershed Mining Project

2

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, 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. 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, Mid-Columbia 

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. 

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. 
Granite Creek Watershed Mining Project Final Record of Decision

3

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). 

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 
Final Record of Decision Granite Creek Watershed Mining Project

4

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.

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 
Granite Creek Watershed Mining Project Final Record of Decision

5

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.

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 FEIS 

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. 

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.
Final Record of Decision Granite Creek Watershed Mining Project

6

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 303d 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 

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) 

 

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
Granite Creek Watershed Mining Project Final Record of Decision

7

Table 1: Plans that may need to submit an amended Plan or provide the necessary permits/certificates 

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 

(Require valid water right or 

amended Plan)

(Y/N)

Propose Suction 

Dredging in ESH or 

303d listed Streams

(Require amended 

Plan)

(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

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,

valid water rights or Plan amendments 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 11)

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 0.45 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 9 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 (2 gates) and Hopeful 2&3

(1 gate))

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.
Final Record of Decision Granite Creek Watershed Mining Project

8

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 

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 were 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. Terms and Conditions received from USFWS on April 22, 

2016 and from NMFS on May 17, 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.
Granite Creek Watershed Mining Project Final Record of Decision

9

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, 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.
Final Record of Decision Granite Creek Watershed Mining Project

10

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, one has a reduction in the number of proposed 

activities that result in a potential for a discharge (Blue Sky/Bull Run). This is the result of 

the addition of Forest Service RPMs and General Requirements that will eliminate some of 

the discharge potential. 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 
Granite Creek Watershed Mining Project Final Record of Decision

11

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

the use of roads during mining activities.

Authorizing use of 9 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 longterm 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. 65).

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). 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 East Ten Cent (2 gates) and Hopeful 2&3 (1 gate) 

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.

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 
Final Record of Decision Granite Creek Watershed Mining Project

12

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.

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 
Granite Creek Watershed Mining Project Final Record of Decision

13

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 Natural Resource Committee/Program of Work Staff Meeting – 6/25/16

 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.

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.
Final Record of Decision Granite Creek Watershed Mining Project

14

 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 FEIS 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 0.45 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 9 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, 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 in areas open to mineral extraction.
Granite Creek Watershed Mining Project Final Record of Decision

15

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 (See ROD Appendix 2).

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

implementation of each alternative.

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

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

Table 4: Effects on Threatened, Endangered, and Sensitive Fish Species (see FEIS Table 3-40 and 3-41 for 

Plan specific information)

Key Indicator Alternative 1 Alternative 2 Alternative 3

bull trout 0 13 9

Key Indicator Alternative 1 Alternative 2 Alternative 3

# of Plans of Operations with stream fording

0

9 existing

2 proposed

9 existing

1 proposed

# of Plans of Operations with suction dredging in 

ESH or 303d listed Streams (acres of habitat) 0 5 5
Final Record of Decision Granite Creek Watershed Mining Project

16

# Plans of Operations Likely to 

Adversely Affect /LAA ESA Listed 

Fish Species and/or their 

Designated Critical Habitat

# of Plans

Steelhead

# of Plans 0 18 11

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 55.45 additional acres of new disturbance in the project area would not 

occur (FEIS Table 3-24). 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.

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 

Wallowa-Whitman 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 long-term 

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 
Granite Creek Watershed Mining Project Final Record of Decision

17

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 long-term 

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 

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 12) 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 (as corrected in Errata) 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).
Final Record of Decision Granite Creek Watershed Mining Project

18

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:

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 were received from USFWS on April 22, 2016 and NMFS 

on May 17, 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 
Granite Creek Watershed Mining Project Final Record of Decision

19

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 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. 

Concurrence with a "no historic properties adversely affected" determination was received for 

the Umatilla National Forest from SHPO on March 11, 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 
Final Record of Decision Granite Creek Watershed Mining Project 

20

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 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 (Protection of Floodplains) 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 
Granite Creek Watershed Mining Project Final Record of Decision 

21

Selected Alternative minimize impacts. Existing wetlands and floodplains have been altered 

over time (over one century) of mining activity. 

Executive Order 11990 (Protection of Wetlands) 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 11988 (Floodplains) and EO 

11990 (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. 

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. 

Granite Creek Watershed Mining Project ROD Appendices 

A-1

Appendices to the Final Record of Decision, Map, and Errata to 

Granite Creek Watershed Mining Project FEIS 
Appendix 1 Granite Creek Watershed Mining ROD 

A-2 

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

Plan under Alternative 3

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 (See ROD 

Appendix 4)

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

A-3 

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

Plan under Alternative 3

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 (See ROD 

Appendix 4)

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 cubic yards a 

day. Use of existing 

ponds. Suction 

dredging in Bull Run 

Creek.

Access: 

County road 24, 

existing FS 

roads, 

development of 

existing and 

designated 

temporary 

roads to work 

each site. 

Create 

temporary 

access 0.20 

miles of 

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)

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.
Appendix 1 Granite Creek Watershed Mining ROD

A-4

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 

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). 

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.
Granite Creek Watershed Mining ROD Appendix 1

A-5

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 hand-piled 

tailings adjacent to the south side of the Blue Sky/Bull Run (Blue Sky site 

#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 

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. 
Appendix 1 Granite Creek Watershed Mining ROD

A-6

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 (See ROD 

Appendix 4)

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 

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 ROD Appendix 1

A-7

All General Requirements apply except lode requirements (See ROD 

Appendix 4)

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 (See ROD 

Appendix 4)

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

City Limits

(Placer)

WWNF

Action:

Placer mining of the 

high bank along the 

gravel and gravity 

processing at 

Access:

Existing FS 

roads and 

existing 

Wildlife Protection Measures 

Ponds

Source water pond and settling ponds: General Requirement R15 does 

not apply. Do NOT reclaim as it provides wildlife habitat 
Appendix 1 Granite Creek Watershed Mining ROD

A-8

existing dredge 

ponds. Pits will be 

dug (20’x30x8’ 

deep) in order to 

processing 3-5 cubic 

yards per day. 

. 

temporary 

roads

All General Requirements apply except lode requirements (See ROD 

Appendix 4)

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 (See ROD 

Appendix 4)

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

A-9

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 offForest 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 

Granite 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: 

2-4 round trips 

per month for 

fuel and other 

maintenance 

items.

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

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 
Appendix 1 Granite Creek Watershed Mining ROD

A-10

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 (See ROD 

Appendix 4)

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

 
Granite Creek Watershed Mining ROD Appendix 1

A-11

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 (See ROD 

Appendix 4)

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 

Granite Creek

(east ford). 

Gate temporary 

access.

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
Appendix 1 Granite Creek Watershed Mining ROD

A-12

Ford Use 

(intermittent 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 
Granite Creek Watershed Mining ROD Appendix 1

A-13

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. 
Appendix 1 Granite Creek Watershed Mining ROD

A-14

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 (See ROD 

Appendix 4)

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

L&H

(Placer/Lo

de)

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 

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 
Granite Creek Watershed Mining ROD Appendix 1

A-15

end, occasional 

trips for repairs 

etc.

Other 

vehicles:

Daily access to 

campsite with a 

pickup or ATV.

remains themselves, a determination of eligibility would need to be 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 across 

existing open 

road on 

Lightning 

Creek.

Ford Use (only 

during instream 

work period 

July15-Aug15)

Heavy 

equipment:

1-4 round trips 

per season.

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
Appendix 1 Granite Creek Watershed Mining ROD

A-16

Other 

vehicles:

 None (bridge)

Ponds (Existing Processing area ponds)

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 (See ROD 

Appendix 4)

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 Watershed Mining ROD Appendix 1

A-17

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.

All General Requirements apply except lode requirements (See ROD 

Appendix 4)

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

Lucky 

Strike

(Placer/Lo

de/ 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
Appendix 1 Granite Creek Watershed Mining ROD

A-18

Make it

(Placer)

WWNF

Action: 

Placer mining and 

gravity processing of 

the highbank along 

the east side of the 

creek. 15-20 cubic 

yards per year will 

be processed from 

holes 

15’x20’x10’deep. 

Access: 

Existing FS 

roads along 

with the 

development of 

existing and 

designated 

temporary 

roads to work 

the site. 

Existing miner’s 

gate

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 

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 (See ROD 

Appendix 4)

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. Existing 

Access: 

Existing FS 

roads along 

with the 

development of 

existing and 

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 
Granite Creek Watershed Mining ROD Appendix 1

A-19

ponds and 

processing site.

designated 

temporary 

roads to work 

the site.

slope just before it reaches the wetland meadow area (wetland protection 

measure) 

Wildlife Protection Measures 

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 
Appendix 1 Granite Creek Watershed Mining ROD

A-20

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 (See ROD 

Appendix 4)

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
Granite Creek Watershed Mining ROD Appendix 1

A-21

Rose Bud

1-4 

(Placer)

UNF

Action: 

Placer mining of the 

high bank area north 

of the powerline 

road. 

Access: 

Existing power 

line access 

road on FS 

land.

Water Resources Protection Measures

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 (See ROD 

Appendix 4)

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 
Appendix 1 Granite Creek Watershed Mining ROD

A-22

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

Ruby 

Group

(Placer)

UNF

Action:

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.

Access: 

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 

Water Resources Protection Measures

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
Granite Creek Watershed Mining ROD Appendix 1

A-23

bridge with the 

ATV . 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. 

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 

1. If water from Ruby Creek is observed flowing onto this segment of road, then 

the 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)
Appendix 1 Granite Creek Watershed Mining ROD

A-24

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

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 (See ROD 

Appendix 4)

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

A-25

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 will be 

processed. 

Continued use of 

existing structures. 

Suction dredging on 

McWillis Gulch.

Access: 

Existing FS 

roads, existing 

temporary road. 

Existing miner’s 

bridge and 

gate.

Water Resources Protection Measures

Processing Site 1

1. Only Processing site 1 will be used. 

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.
Appendix 1 Granite Creek Watershed Mining ROD

A-26

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 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.

Ford Use: 1 

existing, and 1 

proposed upper 

ford – (2-3 

months during 

summer)

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.

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 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 
Granite Creek Watershed Mining ROD Appendix 1

A-27

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 

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-
Appendix 1 Granite Creek Watershed Mining ROD

A-28

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 

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 (See ROD 

Appendix 4)

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-
Granite Creek Watershed Mining ROD Appendix 1

A-29

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 

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 (semitrailers) 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
Appendix 1 Granite Creek Watershed Mining ROD

A-30

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. 

All General Requirements apply except lode requirements (See ROD 

Appendix 4)

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.

Does 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
Granite Creek Watershed Mining ROD Appendix 1

A-31

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. 

Suction dredging in 

Orofino Gulch.

Access: 

Existing FS 

roads, miner’s 

private road, 

existing 

temporary 

roads, 

development of 

designated 

temporary 

roads to work 

the site.

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.

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 (See ROD 

Appendix 4)

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
Appendix 1 Granite Creek Watershed Mining ROD

A-32
Granite Creek Watershed Mining ROD Appendix 2

A-33

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

Alt 

2

Alt 

3

Comments

Altona 1042E1a 1042E1c 1042E1b 0.56 Native Temporary 

-E

Y N Condition is 

unusable and would 

require reconstruction. 

Alternate road is 

available to access 

site.

1042E1b 1042E1a 1042M1a 0.59 Native Temporary 

-E

Y Y

1042E1c 1305098 1042E1a 0.21 Native Temporary 

-E

Y N Condition is 

unusable and would 

require reconstruction. 

Alternate road is 

available to access 

site.

1042M1a 1042E1b Processing 0.05 Native Temporary 

-P

Y Y Proposed

1305098 1305092 1041E1c 0.20 Native FS Closed Y N Condition is 

unusable and would 

require reconstruction. 

Alternate road is 

available to access 

site.

1305099 1305080 1305092 0.30 Native FS Closed Y N Condition is 

unusable and would 
Appendix 2 Granite Creek Watershed Mining ROD

A-34

Claim Name Road 

Number

From To Length Surface 

Type

Existing 

Condition

Alt 

2

Alt 

3

Comments

require reconstruction. 

Alternate road is 

available to access 

site.

1305092 1305099 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 1305080 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 ROD Appendix 2

A-35

Claim Name Road 

Number

From To Length Surface 

Type

Existing 

Condition

Alt 

2

Alt 

3

Comments

7375-M1a 7375-000 Site 1 Bull 

Run

0.05 Native Temporary 

-E

Y Y Alt 3-during use, 

miner can modify 

existing barricade 

with gate to FS 

specifications

7375-M1b 7375-M1a Site 2 Bull 

Run

0.20 Native Temporary

-P

N Y Alt 3 only. Instead 

of bridge on 7300-

M4b. 

Blue Smoke 1000-E1a 1000000 Claim 0.46 Native Temporary 

- E

Y Y Powerline Road 

Bunch Bucket 1310-E2a 1310000 Site 1 0.08 Aggrega

te

Temporary 

-E

Y Y Access dispersed 

campsite

1310-E2b Site1,2 Processing 0.09 Native Temporary 

-E

Y Y

1310-E2c ProcessingSite 2 0.08 Native Temporary 

-E

Y Y

City Limits 7300-E3a 7300000 Claim 0.11 Tailings Temporary 

-E

Y Y

7300-E3b 7300000 Claim 0.02 Tailings Temporary 

-E

Y Y

East Ten Cent Creek 7350050 7350000 Claim 0.06 Aggrega

te

FS Closed Y Y OHV Trail

7350070 7350000 Claim 0.39 Aggrega

te

FS Closed Y Y OHV Trail

7350-E1a 7350070 Pond 0.12 Aggrega

te

Temporary 

-E

Y Y Miner Install new 

Gate

7350-M1a 7350050 Shed 0.32 Native Temporary 

-E

Y Y Miner Install new 

Gate

Eddy Shipman

7300590 7300000 7300-E1a 0.04 Native FS Closed Y Y Existing FS Gate
Appendix 2 Granite Creek Watershed Mining ROD

A-36

Claim Name Road 

Number

From To Length Surface 

Type

Existing 

Condition

Alt 

2

Alt 

3

Comments

7300680 7300000 7300-E1d 0.10 Native FS Closed Y Y Existing FS 

Barricade. 

7300-E1a 7300590 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

7300-E1d 7300680 Adit A 0.07 Native Temporary 

-E

Y Y Existing ford, 

Granite Creek

Grubsteak 1300-M1a Co 24 Dig Site 0.19 Native Temporary 

-E

y Y Existing Miner's 

Bridge & Gate, 

existing ford on 

Clear Creek

Hopeful 1 1035-E2a 1035012 Cabin/

Claim

0.17 AggregateTemporary 

- E

Y Y

1035012 1035011 Claim 0.70 AggregateFS Closed Y Y

Hopeful 2-3 1035-E1a 1035000 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 

= 1) (alt 3 = 1) 

Granite Creek

L&H 1305-E5a 1042950 1305200 0.29 Native Temporary 

-E

Y Y Continuation of Rd 

950

1305-E5b 1305200 Adit 0.06 Native Temporary 

-E

Y Y
Granite Creek Watershed Mining ROD Appendix 2

A-37

Claim Name Road 

Number

From To Length Surface 

Type

Existing 

Condition

Alt 

2

Alt 

3

Comments

Lightning Creek 1305-E6a 1305100 Final Pond 0.07 Native Temporary 

- E

Y Y

1305-E6b 1305100 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 7300700 Cabin 0.37 Native Temporary 

- E

Y Y Existing Miner's 

gate

Muffin 7355012 7355000 Claim 0.18 Native FS Closed Y Y

7355M1a 7355012 Work Site 0.08 Native Temporary 

- E

Y Y Existing - miner will 

rehab

Old Eric 1&2 1000-E2a Co 24 Campsite 0.40 Tailings Temporary 

- E

Y Y Dispersed Camp 

site

Olive Tone 1305-E4a 1305082 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 1000000 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 1042982 Shafts 0.06 Native Temporary 

- E

Y Y

Ruby Group 1310-E1a 1310000 Cabin/Sites 

1,2,3

0.62 Native Temporary 

- E

Y Y 2 existing fords, 

(Clear & Ruby)

Miner proposed 

ATV Bridge
Appendix 2 Granite Creek Watershed Mining ROD

A-38

Claim Name Road 

Number

From To Length Surface 

Type

Existing 

Condition

Alt 

2

Alt 

3

Comments

1310-E1b 1310-E1a Site 2, 

staging 

area

0.03 Native Temporary 

- E

Y Y

1310-E3a 1310000 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

1310-E4a 1310000 Site 8 0.09 Native Temporary 

- E

Y Y

Sunshine/McWillis 1305054 1305050 1305-M1s 0.40 Native FS Closed Y Y Existing miner’s 

gate

1305-M1a 1305054 Claim site 0.18 Native Temporary 

- E

Y Y Existing Rd - miner 

will rehab

Existing Miner's 

Bridge, McWillis 

1305130 1305120 Diversion 

Dam

0.45 Native DecommissionedY Y Use as Temporary 

Road

Tetra Alpha Lode 7355-

M5a

7355020 adit 0.01 Native Temporary 

- E

Y Y Existing Rd - miner 

will rehab

Tetra Alpha Mill 7355011 7355000 7355011-

M4a

0.31 Native FS Closed Y Y

7355-M4a 7355011 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 7355011 7355000 7355011-

M4a

0.72 Native FS Closed Y Y

7533012 7355000 7355011-

M4a

0.42 Native FS Closed Y Y
Granite Creek Watershed Mining ROD Appendix 2

A-39

Claim Name Road 

Number

From To Length Surface 

Type

Existing 

Condition

Alt 

2

Alt 

3

Comments

7355-M3a 7355011 Processing 0.27 Native Temporary 

- E

Y Y Existing Boulder 

Crk ford 

7355-M3b 7355-M3a Claim 0.06 Native Temporary 

- P

Y Y Proposed road

7355-M3c 7355011 Claim 0.03 Native Temporary 

- P

Y Y Proposed Ford, 

Boulder (Alt 2 only)

7355-M3d 7355011 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

1000-E4b 1000-E4a Claim 0.11 Tailings Temporary 

- E

Y Y

Yellow Gold 7355025 7355020 7355026 0.05 Native FS Closed Y Y

7355026 7355025 Alternate 

Processing

0.11 Native FS Closed Y Y

7355050 7355000 Claim Trail 0.61 Native FS Closed Y Y Alt 3 - during use, 

miner can modify 

existing barricade 

with gate to FS 

specifications

7355055 7355050 Claim 0.37 Native FS Closed Y Y

7355-E2a 7355055 Processing 

site

0.11 Native Temporary 

- E

Y Y

Yellow Jacket 1305-E1a 1305035 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 ROD

A-40
Granite Creek Watershed Mining ROD Appendix 3

A-41

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 guidelines and other regulations have been incorporated into 

Plans of Operation.

 Forest Service requirements and protection measures developed during site-specific 

analysis 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 ROD

A-42

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.
Granite Creek Watershed Mining ROD Appendix 3

A-43

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 

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)
Appendix 3 Granite Creek Watershed Mining ROD

A-44

1) Frequency of Monitoring and Responsible Party

Meet the requirements of the Region 6 - 2005 Preventing and Managing Invasive Plants EIS 

and ROD.

 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 11, 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 ROD Appendix 4

A-45

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. Prior to tree removal the Forest Service will conduct a 

stream-shade analysis to evaluate potential impacts to stream temperature and to ensure 

protection of water quality. All live trees approved for removal shall remain on-site. Forest 
Appendix 4 Granite Creek Watershed Mining ROD

A-46

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 ROD Appendix 4

A-47

G15. Plan-specific stream buffers for mining-related activities (as specified in Appendix 1A 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 ROD

A-48

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)) 

NOTE: There is no G22 requirement.

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.

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.
Granite Creek Watershed Mining ROD Appendix 4

A-49

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 1A 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 ROD

A-50

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 ROD Appendix 4

A-51

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 ROD

A-52

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 (Region 6 - 2005 

Preventing and Managing Invasive Plants EIS and ROD), 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 
Granite Creek Watershed Mining ROD Appendix 4

A-53

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 

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.
Appendix 4 Granite Creek Watershed Mining ROD

A-54

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.

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 
Granite Creek Watershed Mining ROD Appendix 4

A-55

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.

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 
Appendix 4 Granite Creek Watershed Mining ROD

A-56

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).

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 
Granite Creek Watershed Mining ROD Appendix 4

A-57

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.

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 
Appendix 4 Granite Creek Watershed Mining ROD

A-58

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 

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. 
Granite Creek Watershed Mining ROD Appendix 4

A-59

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. 

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 ROD

A-60
Granite Creek Watershed Mining ROD Appendix 5

A-61

Appendix 5 – USFWS and NMFS Terms and Conditions 

USFWS Terms and Conditions (from Final BO April 22, 2016)

8.4 Terms and Conditions

In order to be exempt from the prohibitions of section 9 of the Act, the UNF/WWNF must see

to it that the claimants comply with the following terms and conditions, which will implement

the reasonable and prudent measures described above. These terms and conditions shall be

incorporated as mandatory requirements for each claimant’s Plan that has been approved by the

UNF/WWNF. The UNF/WWNF’s monitoring and enforcement of the terms and conditions

within this Opinion will further reduce the risk of impacts to bull trout and designated critical

habitat within the Granite Creek watershed. These terms and conditions are non-discretionary.

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.
Appendix 5 Granite Creek Watershed Mining ROD

A-62

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 revegetated with native species at the end of the annual mining season in which the

disturbance occurred.

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.

g. Any temporary roads, road repair or road maintenance proposed by the operator

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. No mechanized equipment will be operated below the mean high water mark

except for when fording at designated sites.

l. Gasoline and other petroleum products must be stored in spill-proof containers at

a location that minimizes the opportunity for accidental spillage.

m. 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.

n. 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.

o. 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
Granite Creek Watershed Mining ROD Appendix 5

A-63

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 Mines. 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 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 31st 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 Term and

Condition 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
Appendix 5 Granite Creek Watershed Mining ROD

A-64

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

miner/Plan’s mining activities. Individual operators 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.

8.5 Reporting Requirements

If a dead, injured, or sick endangered or threatened species specimen (including a bull trout) is

located, initial notification must be made to the nearest Service Law Enforcement Office,

located at 9025 SW Hillman Court, Suite 3134, Wilsonville, OR 97070; phone: 503-682-6131.

Care should be taken in handling sick or injured specimens to ensure effective treatment or the

handling of dead specimens to preserve biological material in the best possible state for later

analysis of cause of death. In conjunction with the care of sick or injured endangered and

threatened species or preservation of biological materials from a dead animal, the finder has the

responsibility to carry out instructions provided by Law Enforcement to ensure that evidence

intrinsic to the specimen is not unnecessarily disturbed.

Review Requirement: The Reasonable and Prudent Measures, with their implementing Terms

and Conditions, are designed to minimize incidental take that might otherwise result from the

proposed action. These measures should decrease the level of take of bull trout to the degree

possible, given the circumstances surrounding the proposed action. With implementation of

these measures, the Service believes that some bull trout may be incidentally taken as

quantified above. If, during the course of the action, this minimized level of incidental take is

exceeded, such incidental take would represent new information requiring review of the

reasonable and prudent measures provided, the MNF must immediately provide an explanation

of the causes of the taking and review with the Service the need for possible modification of

the reasonable and prudent measures.

NMFS Terms and Conditions (from Final BO May 17, 2016)

2.7.1 Terms and Conditions

The terms and conditions described below are non-discretionary, and the USFS or any

applicant must comply with them in order to implement the reasonable and prudent

measures (50 CFR 402.14). The USFS or any applicant has a continuing duty to monitor

the impacts of incidental take and must report the progress of the action and its impact on

the species as specified in this ITS (50 CFR 402.14). If the entity to whom a term and

condition is directed does not comply

with the following terms and conditions, protective coverage for the proposed action would

likely lapse.

1) To implement reasonable and prudent measure #1 (placer mining), the USFS shall

ensure that:

a) No mining activities occur in reaches and sites that have been identified to

contain steelhead or spawning habitat.

b) All "no activity" streams buffers are maintained between streams and mining
Granite Creek Watershed Mining ROD Appendix 5

A-65

activities.

c) No shade trees or riparian vegetation are removed along stream banks.

d) All required planting, restoration and reclamation are completed at the end

of each season.

e) All terms and conditions will be placed in all permits, grants, or contracts issued

under the proposed action. All other required state and federal permits must be

obtained and submitted to the USFS prior to the USFS authorization of the claims

activities.

2) To implement reasonable and prudent measure #2 (stream fords), the USFS shall ensure

that:

a) No stream ford crossings are located in known spawning habitat.

b) All motorized vehicles cross streams only during the in-water work period July 15-

Aug 15 (ODFW 2008). If the miner proposes to ford outside the in-water work

window, a USFS fish biologist will monitor during the spawning season at least

weekly to determine that adult steelhead are not present and steelhead redds are not

located at the crossing site. All crossings will be inspected and approved by USFS

prior to use.

3) To implement reasonable and prudent measure #3 (water withdrawals), the USFS shall

ensure that:

a) Water withdrawals will not reduce flows to an extent that prevents the free movement

of

juvenile fish between habitats.

b) Stream flow is measured, monitored and recorded during water withdrawals to

collect data on sufficient flows needs for steelhead survival. Water monitoring

collection will occur 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 on Lightning Creek; and Tetra Alpha Placer, (lode and mill) mine

on Boulder Creek.

c) Water withdrawal from instream flow cannot exceed more than State of

Oregon established water rights, and must follow Forest Service required

Fish Protection Measures during the summer low flow season.

d) All diversions from fish bearing streams must be properly screened.

4) To implement reasonable and prudent measure #4 (water quality), the USFS shall ensure

that:

a) Process waste water is not discharged directly into streams occupied by MCR

steelhead or designated as its critical habitat.

b) Chemicals which are toxic to fish will not be used in a manner that allows their

entry into waters occupied by MCR steelhead or designated as its critical habitat.

c) A supply of sediment control materials (e.g., biofilter, sandbags, straw bales,

wattles) is stored at each site.

d) Erosion controls are in place and properly installed from the commencement of

disturbance through site restoration. Silt fences will be installed prior to placer

activities adjacent to the streams.

e) Turbidity monitoring of all-mining related activities is required at each claim

site, as follows:

i) Monitoring will occur at each site, a minimum of once annually at each

stream ford crossings and 300 ft. downstream of the each active placer

mining area.

ii) During maintenance and use of all stream crossings and temporary road

crossings by vehicles and heavy equipment.
Appendix 5 Granite Creek Watershed Mining ROD

A-66

iii) During the construction of any new temporary road crossings, a visual

sediment monitoring will occur during any ground disturbing activities.

iv) A visual sediment plume does not extend across more than half of the stream

width.

v) If a sediment plume is observed, operations will cease and turbidity at the

downstream location shall be recorded every 30 minutes until the plume has

dissipated.

f) All in-water disturbance or discharge of return water shall be conducted to

minimize sedimentation and turbidity in the stream.

g) All vehicles must be fueled, operated, maintained, and stored as follows. Vehicle

staging, cleaning, maintenance, refueling, and fuel storage must take place in a

vehicle staging area 150 ft. or more (or at pre-approved sites as distant as possible)

from any stream, waterbody or wetland.

h) 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.

All equipment operated must be cleaned before beginning operations to remove all 

external oil, grease, dirt, and mud.

Inspections must be documented in a record that is available for review on request

by USFS or NMFS.

i) A chemical and pollution control plan 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.

5) To implement reasonable and prudent measure #5 (monitoring and reporting), the

USFS shall:
Granite Creek Watershed Mining ROD Appendix 5

A-67

a) Provide NMFS with a copy of the annual monitoring report. Itshould 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.

b) Submit reports upon project completion. To submit the monitoring report, or to reinitiate

consultation, contact:

Interior Columbia Basin Office

Attn: WCR-2014-1415

National Marine Fisheries Service

1201 NE Lloyd Blvd., Ste. 1100

Portland, OR 97232-2182
Appendix 5 Granite Creek Watershed Mining ROD

A-68
Granite Creek Watershed Mining ROD Map 1

A-69
Granite Creek Watershed Mining Project

A-70
Granite Creek Watershed Mining Project Errata to FEIS

A-71

Errata to Granite Creek Watershed Mining Project FEIS 

(as of June 10, 2016)

FEIS Cover and Introduction: The project area is located in Grant County only, not 

Baker and Grant Counties.

FEIS Chapter 1: Under heading “Tribal Consultation” insert:

USFS & CTUIR Natural Resource Committee/Program of Work Staff Meeting – 6/25/16

FEIS Summary, pg. S-7; and Chapter 2, Alternative 3, pg. 64: Replace the first bullet 

with the following: “Authorizing approval of 28 mining Plans of Operations, pending any 

401 certifications, valid water rights or Plan amendments deemed necessary as a result 

of this analysis”. Plan amendments was added to the list. 

Replace the 7th bullet with the following “Authorizing use of 10 existing fords on FS 

closed or existing miner-created roads”. The FEIS had an incorrect number (9).

FEIS Summary, pg. S-7; Chapter 2, Alternative 2, pg. 35; Chapter 3, 

Access/Transportation System, pg. 254: Replace the 5th bullet with the following: 

“Authorizing use of 9 existing fords on FS closed or existing miner-created roads”. The 

FEIS had an incorrect number (11).

FEIS Summary, pg. S-8; Chapter1, Decision Framework, pg. 13; and Chapter 2, 

Alternative 3, pg. 65: In discussions of water withdrawals that may increase stream 

temperatures, replace “To ensure consistency with Section 401 of the CWA...” with “To

ensure consistency with Section 303d of the CWA...”

FEIS Chapter 2, Monitoring Under Chapter 2, pg. 60: For clarification, replace the 

second bullet with the following: “Forest Service requirements and protection measures 

developed during site-specific analysis have been incorporated into Plans”. 

FEIS Tables 2-1 and 2-3: Eddy Shipman existing ford is located on Granite Creek, not 

Olive Creek. 

FEIS Table 2-1: For Muffin: From Column 5 “Alternative 2”, delete “(approx 10 cubic 

yds/year)”.

For Rosebud: From Column 5 “Alternative 2”, delete “(processing 2-10 cubic yds per 

year)”.

Both changes are in line with response to comments 62 and 172 (FEIS Appendix 10).

FEIS Table 2-3 and Table 3-53: For Blue Sky/Bull Run, Road 7375-M1a, for 

clarification, replace the comment in the last column with the following: “Alt 3-during 

use, miner can modify existing barricade with gate to FS specifications.”

For Grubsteak, Road 1300-M1a, for clarification, replace the comment in the last 

column with the following: “Existing Miner's Bridge & Gate, existing ford on Clear 

Creek”.
Errata to FEIS Granite Creek Watershed Mining Project

A-72

For Hopeful 2-3, Road 1035-E1d, replace the comment in the last column with the 

following: “Existing Ford (Alt 2 = 1) (alt 3 = 1) Granite Creek”. Alt 2 incorrected showed 

2 fords.

For Tetra Alpha Placer, Road 7355-M3a, for clarification, replace the comment in the 

last column with the following: “Existing Boulder Crk ford”.

For Tetra Alpha Placer, Road 7355-M3c, replace the comment in the last column with 

the following: “Proposed Ford, Boulder (Alt 2 only)”. Alt 2 only was added.

For Yellow Gold, Road 7355050, for clarification, replace the comment in the last 

column with the following: “Alt 3 - during use, miner can modify existing barricade with 

gate to FS specifications.”

FEIS Summary Table S-4; and Chapter 2, Table 2-6: Replace Table 2-6 with the 

following. The table now includes existing and proposed fords.

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 existing

2 proposed

9 existing

1 proposed

# of Plans of Operations 

with suction dredging in 

ESH or 303d listed 

Streams (acres of 

habitat)

0 5 5

FEIS Chapter 2, Table 2-7: Replace Table 2-7 with the following. Changed number of 

Plans with LAA call for bull trout under Alternative 2 from 11 to 13.

Table 2-7: Effects on Threatened, Endangered, and Sensitive Fish Species

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 13 9

Steelhead 

# of Plans 0 18 11
Granite Creek Watershed Mining Project Errata to FEIS

A-73

FEIS Chapter 3: Change any reference to HUC 6 watersheds to HUC 12, and any 

reference to HUC 5 watersheds to HUC 10. This change in HUC designations was 

made by US Geological Survey during the course of this project’s analysis.

FEIS Chapter 3, page 128: Correct #s for Executive Orders. 11988 is for Protection of 

Floodplains and 11990 is for Protection of Wetlands.

FEIS Chapter 3, Table 3-33: Change headings in columns 2 and 3 from Determination 

of effects on steelhead and their DCH to Determination of effects on steelhead and/or 

their DCH.

FEIS Appendix 10 (Comments and Responses): The response to comment 185 is 

changed to clarify which parties are responsible for signing the final Plan of Operations. 

Response 185 is re-written to the following:

Response 185

Refer to Response 74c.

In some cases, there may be options for transferring a plan of operations to new owners. In 

working with the minerals administrator, those options can be discussed with both parties 

(buyer and seller) prior to or even after the sale of the claim. The transfer of a previously 

approved plan is based on many factors such as the age of the associated analysis, changes in 

the environment, new regulations and what the new owner/operator would like to do. In order 

for a plan to be approved, the current owner/operator of the claim and the Forest Service need 

to agree to the proposed plan and both sign off on the document. Proposed plans are reviewed 

for compliance with existing analysis and when there are changes in the plan or in the 

environment then new analysis may be necessary.

FEIS Table 3-30 is adjusted to match Table 3-24 and clarify contents.

The numbers in the 5th column were incorrectly copied into the FEIS, and the Table title 

and footnote were edited to clarify what the values in the table represent. See the 

corrected Table 3-30 below.

Table 3-30: Plans, proximity of Plans to steelhead and Bull Trout DCH, maximum area disturbed by Plan 

claim, total possible disturbed area over the life of the proposed Plan and size of new proposed ponds.

Plan

Distance 

to 

Steelhead 

DCH

Distance 

to Bull 

Trout 

DCH

Maximum Area 

of Active 

Surface 

Disturbance at 

any one time (in 

acres)

Approximate 

Total Area 

Potentially 

Disturbed from 

Mining Activities* 

(in acres)

Ponds

E=use 

existing

B=to be 

built

Altona 1.0 mile > 5.0 mi. 0.02 5

Build 2 

10’x 20’ x 

6’

Belvadear 20 ft. >5.0 0.25 3 E

Blue Smoke >300 ft. >300 ft. 0.01 1.75 E

Blue-Sky/Bull Run 30 ft. 30 ft. 0.2 1.7 E

Bunch Bucket 150 ft. 150 ft. 0.01 10 Expand E 
Errata to FEIS Granite Creek Watershed Mining Project

A-74

Plan

Distance 

to 

Steelhead 

DCH

Distance 

to Bull 

Trout 

DCH

Maximum Area 

of Active 

Surface 

Disturbance at 

any one time (in 

acres)

Approximate 

Total Area 

Potentially 

Disturbed from 

Mining Activities* 

(in acres)

Ponds

E=use 

existing

B=to be 

built

City Limits 200 ft. 200 ft. 0.01 1 E

East 10 Cent 10 ft. 2.0 miles 0.01 2 E

Eddy Shipman 10 ft. 10 ft. 0.25 2.5

Build 2 

10’x 20’ x 

6’

Grubsteak 20 ft. 20 ft. 0.25 2 E

Hopeful 1 150 ft. 150 ft. 0.01 1 E

Hopeful 2 & 3 50 ft. 50 ft. 0.25 3.5

1 E, 1 B 

10’x 10’ x 

10’ 1 

B 10’ x 15’ 

x 4’

L&H Placer 0.5 miles >7.0 miles 0.01 8 E

Lightning Creek 150 ft. 150 ft. 0.12 5 E

Little Cross I 50 ft. 50 ft. 0.25 1 none

Lucky Strike >2.0 miles >2.0 miles 0.01 2 none

Make It 50 ft. 50 ft. 0.01 2 E

Muffin 0.25 miles 0.25 miles 0.25 2.5 E

Old Eric 1&2 150 ft. 150 ft. 0.01 1 E

Olive Tone 50 ft. >5.0 miles 0.02 2

Build 2 

10’x 20’ x 

6’

Rose Bud 200 ft. 200 ft. 0.01 5 E

Royal White >2.0 miles >2.0 miles 0.01 3

Build 2 

150’ x 10’ x 

6’

Ruby Group 20 ft. 20 ft. 0.01 2.5 None

Sunshine/McWillis 0.25 mile >5.0 mile 0.25 2.5 E

Tetra Alpha Placer 25 ft. 25 ft. 0.5 8 E

Tetra Alpha Lode 

& Mill 25 ft. 25 ft. 0.1 2 E

Troy D 25 ft. 25 ft. 0.01 8 E

Yellow Gold >2.0 miles >2.0 miles 0.07 9

Build 3 

15’x 20’ x 

6’, 1 E

Yellow Jacket 0.25 miles >5.0 Miles 0.25 7.5 Private 

Land

Total 2.79 acres 104.45 acres

*this is potential total area disturbed - due to operational size limits displayed in the column to the left, the entire 

area would not be disturbed at one time; this table does not include suction dredging