NFBR Mining Supplemental EIS Appendix 6

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Appendix 6

NFBR Mining Supplemental EIS

Determination of Significant Surface Resource Disturbance

This documents the Forest Service’s determination on whether the North Fork Burnt River 

mining operations as proposed by the operators meet the requirement for Plan of Operation 

submittal outlined in 36 CFR 228.4. 

A mining proposal may be submitted as either a Notice of Intent or a Plan of Operation. A

Notice of Intent, at a minimum, is required for operations which might cause a significant 

disturbance of surface resources. The mining operator can forgo the Notice and submit a Plan of 

Operations if he/she feels that the proposed or planned operations would warrant or require 

Forest Service approval.

When operations are proposed, whether in a Notice of Intent or a Plan of Operation, the District 

Ranger must determine whether, based on past experience, direct evidence, or sound scientific 

projection, he/she would reasonably expect the proposed operations to have impacts on National 

Forest System (NFS) lands that more probably than not need to be avoided or ameliorated by 

means such as reclamation bonding, timing restrictions, or other mitigation measures. If so, the 

proposed operations are considered a potentially significant disturbance of surface resources as 

defined in the 36 CFR 228 regulations, and require a Plan of Operations. Approval of this Plan 

of Operation requires processing and documentation in compliance with the National 

Environmental Policy Act (NEPA).

Some mining activities are exempt by regulation (36CFR 228.4(a)(1)) from the requirement to 

submit either a Notice or a Plan of Operation. Specifically:

Operations limited to the use of existing road.

Marking and monumenting a mining claim.

Prospecting or sampling a small amount of material generally removed by hand.

Operations that cause no more disturbance than other uses of the forest which do not 

require special authorization.

Operations completely underground with no surface disturbance.

These mining activities are allowed by regulation unless a field review reveals that they are 

causing or will likely cause a significant disturbance of surface resources. In that event, the 

operator is notified to cease operations (36 CFR 228.4(a)(4)) and to submit a Plan of Operations,

or a modification to an existing plan, for review and approval. 

In a review of the Plans of Operations for the North Fork Burnt River mining area the following 

mining activities, included in the Plans, were determined to be authorized by regulation. The 

operators were notified that no further review or approval was needed for these proposed and 

specific mining activities.
Appendix 6 NFBR Mining Supplemental EIS

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Camping or seasonal occupancy incidental to mining when described in the Plan of 

Operations as portable temporary quarters such as a travel trailer or similar equipment 

typically used by recreationists on the national forest. This type of temporary or seasonal 

occupancy would not likely cause surface resource disturbance substantially different 

from that caused by other users of the national forest who are not required to obtain 

special use authorization, contract, or other written authorization (36 CFR 228.4 (a) (1) 

(v)). Alternatively, any camping or occupancy that might cause a significant disturbance 

of surface resources, such as extensive or year-round occupancy, improper disposal of 

refuse, poor sanitation practices, soil compaction, or loss of vegetation in a riparian area, 

were not exempted. 

Pick and shovel operations for sampling activity when described in the Plan of 

Operations as only removing a reasonable amount of mineral deposit for analysis and 

study. Based on past experience for the proposed locations and the national forest 

resources involved, this type of pick and shovel activity is not likely to cause a significant 

disturbance of resource resources. 

Suction Dredging, Sluicing, Panning, and High-Banking when described in the Plans 

of Operations as being in compliance with the terms and conditions typically imposed by 

the State of Oregon, Department of Environmental Quality (DEQ)1and/or Department of 

State Lands2(DSL), in their required State dredging permit. Based on past experience, 

this type of regulated dredging operation in the proposed locations, with the size of 

equipment proposed for use (maximum 6 inch diameter), and the national forest 

resources affected, will not likely cause a significant disturbance of surface resources. No 

additional measures, such as reclamation bonding, timing restrictions beyond those 

specified by the state permit, or other mitigation measures were needed to minimize 

adverse environmental impacts. 

As noted above, these determinations relied on a combination of past experience, direct 

evidence, and/or sound scientific projection. The ranger district’s minerals program manager 

supplied site inspections from past mining operations documented annually for all known mining 

operations on the district. Over 600 mining inspections were documented and summarized for 

the last 4 years, documenting in particular any surface disturbances. Notes were also included 

regarding effects from camping, work with hand tools, and suction dredging; and no significant 

disturbance of surface resources noted. 

Also, the ranger district’s hydrologist, working with the BLM’s fisheries biologist, evaluated site 

conditions for areas proposed for dredging in the North Fork’s Plans of Operation. This 

evaluation (Appendices 7A and 7B) provided information on channel morphology, water quality, 

and fisheries. Channel morphology factors evaluated included stability of the dredge tailings, 

stability of the channel bed, pool characteristics, and abundance and stability of roughness 

elements (i.e. beaver dams, log jams). Water quality parameters evaluated were turbidity, 

 

1 Existing 700-PM General Discharge Permit, ORS 468B.050 and section 402 of the Federal Clean Water Act

2 Oregon Removal Fill Authorization Application, Recreational/Small Scale Placer Mining Within Essential Salmon 

Habitat OAR 141-089-0245 to 0275
NFBR Mining Supplemental EIS Appendix 6

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suspended sediment, and stream temperature. Fish habitat parameters evaluated were turbidity, 

suspended sediment, stream temperature, spawning gravels, pool habitat, and channel 

complexity. In addition, the spatial distribution, the specific timing of operations, the size of the 

dredges and hoses, along with the terms and conditions of existing ODEQ’s 700-PM permit that 

each dredge operator is required by State law to have in hand. 

These hydrology analyses indicated that only the Burnt Lode/Placer on Cub Creek had the 

potential to destabilize the channel bed and bank and degrade water quality and fisheries habitat. 

Accordingly, the proposed dredging on the Burnt Lode/Placer on Cub Creek was not exempted 

from approval in a Plan of Operation.

These hydrology analyses also indicated the other proposed suction dredging operations would 

potentially have beneficial cumulative effects on water resources (water quality and channel 

morphology). These beneficial effects include: 1) a local reduction in channel embeddedness, 2) 

a local increase in a source of spawning gravel material, and 3) creation of short-term local pool 

habitat during the summer. These beneficial effects would not be lost or adversely affected by 

the local increases in turbidity and/or suspended sediment because they would be limited to 

actual time of operation and small (non-measurable) in scale.

The fisheries analyses provided additional findings. The proposed suction dredging (except 

Burnt Lode/Placer on Cub Creek) would not likely contribute to a trend towards federal listing or 

loss of viability to the population or species, even though it may impact individuals or habitat. 

Again, the proposed suction dredging on the NFBR may temporarily improve pool habitat and 

increase spawning gravels. In contrast, the proposed Cub Creek operation has the potential for 

increased turbidity, increased suspended sediment, buried spawning gravels, and for head-cutting 

and channel incision. The Cub Creek operation was determined to need consideration and 

approval through a Plan of Operation.

The list below shows the Plans of Operation submitted for the NFBR and the specific proposed 

mining activities that were included in the Plans and now exempted from Forest Service 

authorization or approval and NEPA analysis as a result of the information and 

findings/determinations in this report. 

Table A6-1

Activities Exempted from Forest Service Authorization or Approval

Proposed Mining Operation Camping Pick & Shovel Dredging

August Placer

Camp Hale Placer X

Dominion Lode Group X

Dream Chaser Placer X X

EJ Placer X

Geiser Stream Diversion Placer/Lode

Gimlet Placer X X

Glory B Placer X X

Gold Busters Placer X X

Gold Camp Placer X X

Golden Bandit Placer/Lode X

Goldy Placer and Mill X
Appendix 6 NFBR Mining Supplemental EIS

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Proposed Mining Operation Camping Pick & Shovel Dredging

Gopher Placer X

Jay Gould Load X

Jay Gould Mine Works X

Jim Bob Placer X X

Ladder Rusty Bucket Placer X

Lucky One Placer/Load X

Lucky Placer X X

Midas/Lady Bug Placer X X

Monarch Lode X

North Fork Placer X X

Old Channel Placer X

Parkerville Placer Mining

Prudent Placer X X

R&RK 2, 3 Placer X X

R&RK 4, 5 Placer X X

Racer Group/Keystone Korners 

Placer

Red Dog Placer

Roberts Lode X X

Rocker Group Placer X

Shamrock Placer X X

Silver Bell Placer X

Silver Eagle Lode

Sluice Box Placer

Snow Creek Placer X

Standby/McNamee Placer X

Star (Pinus) Placer X X

Three Cent Placer X

Upper Geiser Creek Placer

Upper Winterville Placer

West Parkerville Placer

Wildflower Placer X X X

I have determined that all other proposed mining activities included in the Plans of Operation are 

likely to have impacts that more probably than not need to be avoided or ameliorated by means 

such as reclamation bonding, timing restrictions, or other mitigation measures to minimize 

adverse environmental impacts to NFS resources. Accordingly, they have been included in the 

environmental analysis that is being completed in compliance with the National Environmental 

Policy Act.

Jen Fitzpatrick 

Acting District Ranger

Date