NFBR Mining Supplemental EIS Appendix 2

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Appendix 2

General Requirements for Plans of Operations Common to 

Alternatives 3 and 4

Replace entire section in the FEIS, Chapter II, pp. 20-32, with the following. 

Changes made to this portion of the 2004 FEIS include:

Removal of requirements for working in wetlands or floodplains, W1-W7. These 

are no longer applicable because a field review found that under Alternatives 3 

and 4 none of the Plans of Operation involve working in wetlands or floodplains. 

Therefore, references to Executive Order 11990 (1977 as amended) – Protection 

of Wetlands, and Executive Order 11988 – Protection of Floodplains have been 

removed.

Removal of camping requirements, C1-C5. Camping is now considered a NoticeLevel activity. Refer to Chapter 1 of this Supplement.

Removal of requirements specific to lode mining, L1-L2. All requirements 

specific to Lode Mining are now included as Forest Service Water Quality 

Protection Measures (Supplement Appendix 1).

Removal of General Requirement G-13. Removed because this is already a 

Forest Service administrative procedure.

Addition of Z-requirements for closed, decommissioned or non-system roads. 

Requirement G-10 was absorbed into these new requirements. R-17 was 

absorbed into G-11, Z-requirements.

Addition of requirement G-23 to prevent breaching of beaver dams.

Addition of requirement G-24 restricting specific activities within stream buffers. 

Additional minor changes were made to clarify specific requirements, but did not 

change their intent.

1. General Requirements for Plans of Operations Common to 

Alternatives 3 and 4

 

a. Requirements for Protection of Surface Resources

The following are minimum requirements for protection of surface resources as 

specified in 36 CFR 228 Subpart A. They will be applied to Plans of Operations 

as needed. 

G1. All ground-disturbing operations outside of this plan shall obtain prior written

approval of the District Ranger. Proposals not in this plan will be submitted in 

writing to be analyzed (36 CFR 228.4(d) and 228.5(c)).

G2. Site-specific reclamation bonds may be required to ensure that reclamation 

takes place (36 CFR 228.13). Bonding will also be required to ensure that all 
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approved equipment and structures are removed from NFS lands within a 

reasonable time period following cessation of activities.

G3. There shall be no damming or diverting of water in the streams unless

covered by required State and Federal permits. 

G4. Operations shall be conducted to prevent damage to historic monuments or 

objects of antiquity protected by American Antiquities Act (16 U.S.C. 433) 

National Historic Preservation Act of 1966, as amended Section 106; 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. Operator shall 

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

natural history resource. Removal of historic artifacts is a violation of Federal 

law.

G5. The operator shall comply with all other State and Federal regulations. 

G6. 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 and weed-free straw bales or straw wattles may be used to establish a 

barrier along the banks to control sediment movement into the creek (see NW8). 

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 shingle arrangement 

so that sediment-laden runoff can not escape the impounded area.

G7. During ongoing mining activities, all disturbed sites (roads, cut and fill 

slopes, campsites, ponds, dumps, and stockpiles) shall be maintained in a stable 

condition.

G8. Vegetation providing shade and/or bank stability to the stream shall not be 

removed unless specifically approved in writing by the District Ranger.

G9. No live trees greater than 7” diameter at breast height (4.5’ from uphill side 

of base of tree) shall be cut without prior written approval. All live trees approved 

for removal shall remain on-site. Forest Service personnel will determine which 

trees approved for removal are merchantable. These trees will be stockpiled for 

Forest Service disposal. All other trees approved for removal shall be stockpiled 

on-site to be used for final reclamation. If snags greater than 12” are removed, the 

Forest Service shall be notified and a new snag in the same area shall be created 

with the approval of the Forest Service wildlife biologist. 

G11. Mining equipment shall cross creeks only at pre-approved sites, as 

authorized by the District Ranger. All fords shall be armored with rock, based on 

a site-specific evaluation. Bridges shall be installed so as not to result in 
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continued sediment delivery to the stream, and shall be removed upon final 

cessation of mining operations.

G12. If a sediment plume is visible in the stream below the mining site, the 

operation shall cease work until the cause of the sediment plume is determined. If 

it is determined that the sediment plume is being caused by the mine operation, 

operations shall not resume until the problem is corrected.

G14. No structures (buildings) shall be constructed, occupied or maintained 

without written approval from the District Ranger. Use of any proposed or 

existing structures must be reasonably incident for mining purposes and justified 

in the Plan of Operations.

G15. Snow removal on roads is not approved unless addressed in an approved 

Plan of Operations or subsequent modifications or supplements to the Plan.

G16. Excavations left open for more than a week shall have the sides contoured 

to allow wildlife to escape should they fall in.

G17. Range permittees shall be allowed access to monitor cattle.

G18. Other than seasonally, where operations have ceased temporarily, 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).

G19. 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. 

G20. Silt removed from settling ponds shall be stockpiled in areas designated for 

topsoil storage and managed to prevent erosion and noxious weed infestation, 

such as covering with plastic.

G21. No chemical flocculent or surfactant shall be used in ponds unless it is 

EPA-approved and shown to be safe for aquatic species (amphibians).

G22. All explosives handling and storage will comply with ATF requirements. 

Proof of ATF approval shall be submitted to the District Ranger prior to Plan 

approval.
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G23. Beaver dams will not be breached by the miners. If pond levels behind the 

dams increase to the point that there is the potential to flood the mining operation, 

the miners would work with the Forest Service to install pond-level control 

devices.

G24. Stream buffers are to be undisturbed. No mining activities, storage of 

equipment or overburden, or driving a vehicle off an existing road is permitted 

within a stream buffer. 

b. Hazardous Materials Requirements

Hazardous materials include processing chemicals and compounds, and petroleum 

products such as gasoline, oil, hydraulic fluid, diesel, etc.

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. Operators shall be required to have a lined containment vault under 

hazardous material storage barrels. 

H3. 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.

H4. Spill kits shall be available in case of an accidental spill.

H5. 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 within the 

INFISH RHCA shall require the use of oil-absorbing mats. (see H8).

H6. Burning of spilled substances shall not occur unless authorized by the District 

Ranger and ODEQ.
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H7. 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

H8. 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.

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/in the vicinity of all NFS lands 

which are caused by operator's employees, directly or indirectly, as a result of 

mining operations. 

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.
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c. 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 WWNF, providing for the prevention and 

control of fires in the project area.

F2. The mine operator shall certify compliance with fire protection and 

suppression requirements before beginning operations during the fire period and 

closed season and shall update such certification when operations change.

F3. 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.

F4. 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. 

F5. 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. 

F6. 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. 
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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.

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.

F7. The operator shall observe all the requirements of the Industrial Fire 

Precaution Level. Daily, prior to the start of work, the operator shall obtain the 

predicted Industrial Fire Precaution Level from the appropriate Ranger District 

headquarters. If predictions made after 6:00 p.m. local time are significantly 

different than the original prediction, the Forest Service will inform the operator 

when changes in restrictions or industrial precautions are made.

Waivers written in advance may be used for any and all activities. Activities for 

which waivers may be issued include, but are not limited to:

a. road maintenance, such as sprinkling, graveling, grading and paving; 
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b. power saws on mining claims for felling and bucking where extra 

prevention measures will significantly reduce the risk of fire;

c. maintenance of equipment (other than metal cutting and welding) or 

improvements such as structures, fences, and powerlines.

Such waiver or substitute precautions will prescribe measures to be taken by the 

operator to reduce the risk of ignition and/or the spread of fire. The Forest 

Service shall consider site-specific weather factors, fuel conditions, and specific 

operations that result in less risk of fire ignition and/or spread than contemplated 

when precaution level was predicted. Consideration shall also be given to 

measures that reduce the precaution levels above. The operator shall assure that 

all conditions of such waivers or substitute precautions are met.

F8. 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 fire fighting 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 fire fighting 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, No. "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.

F9. 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. 
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d. Mitigations for Control of Noxious Weeds

NW1. A copy of the “North Fork Burnt River Mining EIS Noxious Weeds Map” 

(or the relevant portion thereof) will be in the approved Plan of Operations (see 

Appendix B).

NW2. The WWNF will provide the mine operator with a Burnt Powder Zone 

Noxious Weed Identification Field Card so that the operator is able to recognize 

the presence of noxious weeds. 

NW3. All equipment to be operated in the project area shall be cleaned in a 

manner sufficient to prevent noxious weeds from being carried into the project 

area. This requirement does not apply to passenger vehicles and other equipment 

to be used exclusively on roads. Cleaning of equipment, if needed, will occur off 

NFS lands. Equipment shall be cleaned on-site prior to moving it to another site if 

the site is known to have noxious weed infestations.

NW4. Prior to its use, any rock sources (e.g. pits, quarries) will be inspected for 

noxious weeds. Rock source material contaminated with high priority noxious 

weed propagules will not be utilized.

NW5. Areas of stockpiled soil will be seeded with native/desirable non-native 

seed mixes as recommended by the Forest Service botany specialist, or covered

with plastic.

NW6. When seeding areas of bare soil, the seed mix shall:

1. Be certified weed-free per WWNF Noxious Weed Management Plan 

protocol

2. Meet Forest/Regional native seed policy

3. Consist of native grass seed species and/or combinations of native seed 

species and desirable non-native seed species (i.e. fast growing annuals) 

that do not persist to the extent of competing with native forbs and grasses. 

Plant species selections will be coordinated with the Forest Service botany 

specialist.

NW7. The amount of seed applied to each acre shall be 20-30 lbs and will be 

dispensed by broadcast method. This high application rate is to compensate for 

the broadcast method of application, the harsh site conditions, and to generate 

adequate vegetative densities to provide deterrence to noxious weed invasion.

NW8. All hay or straw used for mulching, erosion control, or other rehabilitation 

purposes shall be certified weed-free per WWNF Noxious Weed Management 

Plan protocol.

NW9. If noxious weed infestations do occur on the project site, a noxious weed 

inventory shall be completed and early treatment will be initiated (as defined in 
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the WWNF Noxious Weed Management Plan). Any chemical treatment shall be 

done in conjunction with seeding with a native species mix at a rate of 

approximately 8-12 pounds per acre.

e. Requirements Specific to Placer Mining and Trenching

P1. Trench or pit excavation shall not occur where it will cause substantial 

damage to roots of live, standing trees not approved for removal.

P2. All test holes or trenches dug by mechanized equipment such as a backhoe or 

track hoe shall be backfilled during the dry season annually. 

f. Reclamation Requirements

Ongoing Reclamation

R1. Reclamation shall be ongoing to ensure stabilization of the area and so that a 

minimum amount of ground will be open at any time. 

R2. Surface mining and testing in areas within the INFISH RHCA shall be 

conducted and reclaimed in one season. This shall include refilling of test holes, 

revegetating to avoid active erosion, and mulching with wood or straw certified 

free of noxious weeds.

R3. All mined areas shall be stabilized prior to seasonal shutdowns or extended 

periods of inactivity. This shall be accomplished before any equipment is 

removed.

R4. Topsoil, where it exists, shall be scraped off the areas to be excavated and 

stockpiled for later reclamation. If the hole will be left open for over 2 weeks, 

stockpiles of topsoil shall be seeded or covered with plastic immediately (see 

NW6 for seed mix requirements). All material shall be stockpiled in the order 

that it was excavated and used to refill the pit or trench in that order. 

R5. Water shall be contained in ponds with no sediment discharge allowed. All

ponds approved by the District Ranger to be left open during seasonal shutdown 

shall be left dry or at the normal water table. The mine operator shall have straw 

bales (see NW8) or other material available on-site to be used as a filtering agent 

should overtopping of ponds or significant soil movement from storm events 

occur.

R6. Annually, test excavations not approved in writing by the District Ranger to 

be left open over winter shall be reclaimed to normal contours and the surface 

seeded with seed certified free of noxious weeds by the WWNF (see NW6).
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Final Reclamation

R7. All mined areas shall be returned to natural or near-natural contours; if 

located on the hillside, the areas will be benched for stability.

R8. Following re-contouring of the ground, wood shall be scattered over the 

reclaimed area and seeded with native seed species or locally appropriate native 

trees and shrubs. This includes the trees and snags felled on the site and 

stockpiled for use in final reclamation.

R9. All stockpiled topsoil and/or other suitable fines, such as silt from the settling 

ponds, shall be evenly spread over disturbed areas on completion of the operation

and/or in an ongoing restoration program. Areas shall be reclaimed to a useable 

condition as determined by the District Ranger.

R10. Stockpiles to be used for ground surface (topsoil) in reclamation will be 

inspected for noxious weed infestations prior to being spread across the 

reclamation area. If infestations occur on stockpiles, measures will be taken to 

ensure noxious propagules will not be spread across the reclamation area in the 

reclamation process.

R11. In areas of high livestock traffic, reclaimed areas will be fenced (and 

maintained) if needed (temporary fencing) by the operator for a period of not less 

than 2 years following reclamation (LRMP, page 4-25 item 29(a)).

R12. Mine access roads, landings, and terrace areas constructed under the mining 

operation shall be subsoiled, seeded with seed certified free of noxious weeds (see 

NW6), and covered with wood or similar material to discourage vehicle access.

R13. Test holes will be refilled. All tailing mounds created in the operation shall 

be flattened and stabilized. 

R14. Eroding cutbanks (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. Ponds newly constructed for this operation shall be field-reviewed for the 

final reclamation plan. Considerations for reclamation include whether the pond 

was used as a water source or settling pond, and whether it holds water 

throughout the year or amphibian breeding season. Where ponds are identified 

for reclamation, the pond shall be backfilled, re-contoured and seeded (see NW6). 

Where ponds are identified for retention, they shall have sides sloped, have 

shallow edges, slopes reseeded (see NW6), and riparian vegetation established. 

Species of vegetation planted around the retained ponds will reflect the native 

species composition for the area. Plant species selections will be coordinated 
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with the Forest Service botany specialist. Pre-existing ponds that are 

occupied/suitable for amphibians shall be left for amphibian habitat. 

R16. Areas of bare soil shall be seeded using seed certified free of noxious weeds

by WWNF as described in NW6.

R18. The mine operator shall remove all trailers, outhouses, living 

accommodations, machinery, and mining-related debris from the mining site. 

R19. The mine operator shall re-plant grass, brush, and trees appropriate to the 

site (including wetland vegetation) to the original densities as described in NW6

(LRMP page 4-25 #28).

R20. After seeding, the mine operator will evenly distribute straw, free of noxious

weeds, over the site to a thickness of not less than 1⁄2 inch up to 6 inches.

R21. Specifications for revegetation will be developed at the time of final 

reclamation. Variables such as the time of the year, sufficient top soil, existing 

ground cover, desired vegetation and acceptable survival will be evaluated at that 

time. 

R22. Partial bond release may occur, however, the bond will not be released in 

full until final reclamation is successful.

R23. Permanently close all portals to prevent entry by the public. Adits shall be 

surveyed for bats by Forest Service personnel, and those with known bat

populations shall be closed with a closure device that allows access for bats but 

limits human use.

R24. 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. 
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g. Road-related Requirements (Z-Requirements)

The “Z” requirements apply to 1) closed roads that are being used solely for 

mining access, and 2) non-system roads that are related to mining operations. 

These requirements apply only during the dry season (July 1 to October 1). 

During the dry season window, it would be unusual for an area to get an amount 

of precipitation for enough duration to cause road damage. Outside the dry 

season window, weather and therefore road conditions become variable from day 

to day and within a day. Operators working outside this window will therefore 

need to consult with the Forest Service to determine if special road BMPs are 

required. The need for and type of special BMP required will vary as function of 

road characteristics and conditions, and are therefore not presented here. 

Z1. Use of closed and non-system roads will be incident to mining operations.

Z2. Closed roads used for mining access shall have brush and trees removed as is 

necessary to accommodate the movement of the miner’s equipment and vehicles 

only. All stumps and brush in the road bed that will 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. Removal of trees 

and brush is limited to the roads are dry to minimize road damage. Z3. Disposal 

of trees/brush removed from closed roads used solely for mining access shall be 

accomplished in one of the following ways, based on site-specific characteristics 

determined in writing by the Forest Service: 1) Vegetation shall be scattered on 

the downhill side of the road, and not placed in draws 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. 3) Vegetation shall be moved to a Forest 

Service approved location to be piled and burned by the miner after appropriate 

burn permits have been obtained from the authorized officer.

Z4. The miner shall be responsible for reducing water flow concentrations 

resulting in road erosion on those closed roads that are used for mining access. 

Traveled way maintenance activity shall be limited to the dry season to minimize 

the potential for road damage. Minor road work shall be permitted where the fill 

slope materials have settled over time and subsided. Minor blading and shaping 

of the road shall be permitted to remove minor deformities (i.e. boulders, holes, 

gullies) in the travel way 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 use. 

Z5. During the use and maintenance of access roads, surface drainage and 

erosion control features or structures shall be repaired or installed. This work 

shall be accomplished in a manner to effectively control and/or prevent water 
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concentrations upon the road bed and prevent or eliminate the movement of 

sediment from any activity or source from entering into streams. Examples of 

existing erosion control and drainage structures, and those to be repaired, installed 

and maintained, include silt fences, erosion control blankets, earthen berms, 

sediment catch basins, drain dips, armored grade sags, water bars and corrugated 

metal pipes. 

These 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).

Z6. 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 the 

development of a channel. The design and materials to be used shall be reviewed 

and approved by the Forest Service in writing prior to construction.

Z7. Crossing of permanent wetlands to access a site will be avoided. 

Z8. Crossing a channel with intermittent flow to access mining operations shall 

occur only at Forest Service approved locations. 

Z9. All operations that are required to ford a fish-bearing stream on a 

Maintenance Level 1 road (closed road) shall restrict vehicle movement across the 

stream to 1) either the instream work window as identified for each site by the 

Oregon Department of Fish and Wildlife or 2) build a permanent crossing 

structure (i.e. bottomless pipe arch, bridge). The permanent structure shall not 

affect fish passage. The permanent structure shall meet performance 

requirements that address site-specific issues and conditions as well as manual 

and policy direction. These include passing the 100-year flow event, preventing 

stream bank modification, maintaining structural integrity for vehicles used in the 

operation, and accident prevention and safety. 

Z10. Where the miner has removed vegetation on the road bed and fill slope to 

create access, the miner shall re-plant grass, brush, and trees present on the road 

prior to their disturbance to the original densities (LRMP page 4-25 #28). The 

miner will monitor vegetative recovery. Specifications for revegetation will be 

developed at the time of final reclamation and acceptable survival will be 

evaluated at that time. If necessary, additional vegetation shall be planted to 
NFBR Mining Supplemental EIS Appendix 2

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meet the density requirements. If necessary, the road shall be mulched to improve 

vegetative recovery and minimize erosion. Any berms or tank traps that have 

been removed to provide mine access will be replaced in their original location 

upon completion of mining.