Monday, March 4, 2013

Oregon Small Scale Prospecting Permit

Do not be fooled. The Department of Environmental Quality has no rights to issue any permits for suction dredging. Although they will still try to charge you $25 for a yearly fraudulent permit that is useless.

The only way to acquire a permit is through the Department of State Lands and it’s free.

What type of mining do you plan?
Do you intend to do “prospecting” or “recreational and small scale placer mining?” You may not need an authorization from DSL. Under DSL’s administrative rules (OAR 141-089-0040):
“Prospecting”
is defined as “searching or exploring for samples of gold, silver or other precious metals using non-motorized methods from among small quantities of aggregate. Prospecting is limited to the removal from or fill of less than one cubic yard of material at any one individual site and, cumulatively, not more than five cubic yards of material within a designated Essential Indigenous Anadromous Salmonid Habitat segment or State Scenic Waterway in a single year.”
“Recreational and Small Scale Placer Mining”
includes, but is not limited to, the use of non-motorized equipment and motorized surface dredges having an intake nozzle with an inside diameter not exceeding four inches, and a muffler meeting or exceeding factory-installed noise reduction standards.”

Note: Prospecting is permitted within State Scenic Waterways without a permit from DSL.

Where do you want to look for placer deposits?
Be sure that you can legally pan, dredge or sluice on the land adjacent to or under the stream where you want to look for placer deposits. Check with the owner to be sure that it is all right for you to be there, even if the land is publicly-owned land. Remember that it is illegal to cross privately-owned land to get to a stream without first obtaining the owner’s permission.

Helpful Hint: You can find information about which of Oregon’s waterways are owned by the State of Oregon and available for prospecting and recreational and small scale placer mining activities at: http://www.oregon.gov/DSL/NAV/navigintro.shtml or request publications on navigability from DSL. You may also want to contact federal landowning agencies such as the Bureau of Land Management and the United States Forest Service for information concerning the availability of streams that run through the land they manage. Parts or all of some streams have been designated to be Essential Salmon Habitat or a State Scenic Waterway, or have been closed to recreational mining. You will need to obtain an authorization from DSL if you plan to look for placer deposits in that part of a stream that has been classified as Essential Salmon Habitat regardless of the amount of material you plan to move. Additionally, it is important for you to know which streams are classified as Essential Salmon Habitat because you will be required to report the amount of material you moved from these streams after you have completed your work.You will find information at the following websites:

What time of the year do you plan to look for placer minerals?
Many of Oregon’s waterways are closed each year for certain time periods to protect spawning fish and their eggs. During those times, you may not be allowed to conduct recreational and small scale placer mining activities in those streams. State Scenic Waterways are closed to recreational and small scale placeer mining. Some waterways have been closed to recreational mining by the U.S. Forest Service or Bureau of Land Management. Others are closed or use is limited by the Oregon Dept. of Environmental Quality (DEQ) due to water quality problems.

You will find closure or restriction information at the following:

Note: DSL cannot issue an ESH general authorization for work in any closed area or where DEQ will not issue a water quality permit.

What equipment will you be using?
The type of authorization you may need to obtain will depend
primarily on the size and type of equipment you use.

This information is important because:

To qualify for a General Authorization from DSL as a recreational and small scale placer miner, the maximum inside diameter of your dredge’s intake nozzle cannot exceed 4 inches. If it does:

You will not qualify as a recreational and small scale miner for a General Authorization and will have to obtain an Individual Removal-Fill Permit, andYou may need a 700-PM General Permit from the Oregon Environmental Quality Commission. Please see http://www.deq.state.or.us/wq/wqpermit/ssmining/smallscalemining.htmNOTE from oregongold.net:  At this time of this posting DEQ permits are invalid. This may change in the future, so keep your ears and eyes open. For those who want to go ahead and purchase the permit, it is said that if a new legal permit is issued that it will be transferrable. This issue is in the court of appeals, and the court has already deemed the issuing of permits invalid. As long as no ruling has been made, no 700-PM  permit is legally needed.

How much material do you plan to move?
It may not be possible for you to know how much material you will move prior to visiting each location. However, before starting to look for placer minerals, you need to be aware how the amount of material you move can impact the type of authorization you require.

In that part of a stream classified as Essential Salmon Habitat:
What you can remove:
Up to 25 cubic yards per year under a DSL General Authorization.

Be aware that the 25 cubic yard amount is the total amount of material you are allowed to remove, alter or fill each year along each stream. For example, you may remove, alter or fill 5 cubic yards from 5 locations, or 1 cubic yard from 25 locations on each stream classified as Essential Salmon Habitat. If you remove more than 25 cubic yards, you will have to obtain an Individual Removal-Fill Permit from DSL.

You can not remove more than 25 cubic yards from a stream segment or more than 5 cubic yards per site within any stream designated as Essential Salmon Habitat.

Current state law does not permit recreational placer mining* within a State Scenic Waterway; however, you may prospect** within a State Scenic Waterway without a permit.

In all other streams or parts of streams NOT classified as Essential Salmon Habitat:

What you can remove: Up to 50 cubic yards annually without a DSL authorization.

If you remove more than 50 cubic yards, you will have to obtain an Individual Removal-Fill Permit from DSL.

?Fill Out Application Online

My issued permit


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