141-100-0055 Recreational Placer Mining within State Scenic Waterways (1) Limited Activities. No placer mining is permitted on waters within State Scenic Waterways other than recreational placer mining. (2) Threshold. A complete application in accordance with OAR 141-085-0550 and authorization under OAR 141-100-0045 will be required for non-dredge recreational placer mining involving filling, removing or moving by artificial means any amount of material from within the bed or wet perimeter of any single scenic waterway or waters within jurisdictional waters within related adjacent lands. (3) Eligibility Criteria. To be eligible for a Scenic Waterway Individual Removal-Fill permit for recreational, non-dredge placer mining, the operation must conform to the following: (a) The activity must be for recreational placer mining as defined in OAR 141-100-0005(5); (b) The activity must not dam or divert a waterway or obstruct fish passage; (c) The activity must not occur outside the wet perimeter, nor extend the wet perimeter; (d) The activity must not involve disturbance of rooted or embedded woody plants including trees and shrubs, regardless of their location (for example, on gravel bars); (e) The activity must not include excavation from the streambank between the edge of the wet perimeter and the Ordinary High Water Line; (f) The activity must not include movement of boulders, logs, stumps or other woody material from the wet perimeter other than movement by hand and non-motorized equipment; (g) Upon completion of the mining activity all piles, pits, furrows or potholes outside the main channel of the waterway created by the activity must be leveled by hand; (h) The recreational placer miner must obtain landowner permission before operating; (i) The activity must occur only during the recommended in-water work period identified in the Oregon Department of Fish and Wildlife's "Oregon Guidelines for Timing of In-Water Work to Protect Fish and Wildlife Resources" and is prohibited during periods when fish eggs could be in the activity site; (j) The activity must comply with other applicable local, state, and federal laws and regulations, including the federal Endangered Species Act; and (k) The activity must not impede recreational boating. (4) Annual Report Required. The authorization holder must report, on a form provided by the Department, the amount of material removed, placed or altered in each State Scenic Waterway in during the year of authorization. The Department must receive this report before December 31 of each year that the individual permit is valid. (5) Expiration. The State Scenic Waterway Individual Removal-Fill Permit for recreational placer mining is valid for up to one year. (6) Renewal. The State Scenic Waterway Individual Removal-Fill permit for recreational placer mining may be conditionally renewed for up to five years when annual reports are submitted for the previous year according to OAR 141-100-0055(4). Statutory/Other Authority: ORS 196.600 - 196.692, 196.795 - 196.990 & 390.805 - 390.925 Statutes/Other Implemented: ORS 196.600 - 196.692, 196.795 - 196.990 & 390.805 - 390.925 History: DSL 4-2011, f. & cert. ef. 3-1-11 DSL 3-2009, f. 2-13-09, cert. ef. 3-1-09 DSL 2-2006, f. 3-21-06, cert. ef. 3-27-06 DSL 3-1998, f. & cert. ef. 4-22-98