Suction Dredging Report, Biased yet Informative Options

[Redpaw]

Unfortunately this report is full of selling out the Oregon Miners, This report blames everything ever done from all activities on mining and accounts for little if any documented cases of Drift Boat Anchor Dragging or River Rafters standing on the Salmon Beds while creating turbulence on the raft during activities. This Report assumes that every Camper in the woods is a miner and that we HOG all the good spots while destroying the Environment.

As you read this, watch for the one sided slant and look for the sellout of the Miners.



NOTE TO THE READER:
Recreational Placer Mining in the Oregon Scenic Waterways System is a report prepared by the Institute for Natural Resources at Oregon State University. The Oregon Parks and Recreation Department contracted with INR to prepare this report in response to Senate Bill 606 passed by the Legislature in 2001.
SB 606 directed OPRD to conduct a review of placer mining impacts on scenic waterways and report back to the 72nd Legislative Assembly. OPRD has not yet officially presented the report to the Legislature.

This report is informational. It does not represent a recommendation from OPRD for Legislative action regarding recreational placer mining. Before formulating a recommendation, OPRD will convene a forum of interested stakeholders to review and discuss the report. OPRD will seek stakeholder assistance in reaching a consensus recommendation on recreational placer mining in scenic waterways. To allow adequate opportunity to develop stakeholder consensus, it may be necessary to defer reporting to the Legislature until the 2005 session.
The outcome of the stakeholder forum process will be summarized and presented here before any report or recommendations are presented to the Legislature.
Contact Dave Wright at 503.378.4168 x 251 or at dave.wright@state.or.us for more information.

RECREATIONAL PLACER MINING IN THE OREGON SCENIC WATERWAYS SYSTEM

DAVID BERNELL
JEFF BEHAN
BO SHELBY


AN ASSESSMENT FOR THE OREGON PARKS AND RECREATION DEPARTMENT

JANUARY 2003

INR POLICY PAPER 2003-01
I n s t i t u t e f o r N a t u r a l R e s o u r c e s

TABLE OF CONTENTS
EXECUTIVE SUMMARY...............1
INTRODUCTION........................7
BACKGROUND..........................7
AT ISSUE ...............................11
METHODS................................14

RECREATIONAL MINING ON SCENIC WATERWAYS

THE CASES FOR AND AGAINST..............................15
WHAT THE STAKEHOLDERS SAY.............................16
Recreational Miners...............................................16
Resource Conservation/Environmental Organizations................22
Boaters....................................................................29
Sportfishing Groups ..................................................33
Campers/Hikers/Other Recreationists..........................35
Watershed Councils...................................................35
Landowners ...............................................................36


WHAT THE GOVERNMENT AGENCIES SAY ...........................

OPRD....................................................................37
DSL........ ..............................................................39
DEQ.......................................................................42
ODFW.....................................................................45
WRD.......................................................................47
BLM & USFS ............................................................48
Corps of Engineers...................................................51
DOGAMI..................................................................52
NFMS & USFWS.........................................................52
State Police..............................................................53
Other Agencies ........................................................54


WHAT THE RESEARCHERS SAY...................................54
Social/Recreational Impacts........................................54
Biological/Ecological Impacts ......................................62
GOALS AND USES: ARE THEY COMPATIBLE? ................72
OPTIONS...................................................................75
ADDITIONAL STAKEHOLDER RECOMMENDATIONS ........78
APPENDICES...............................................................80
Oregon Scenic Waterways ...........................................80
Bibliography................................................................82
Organizations and People Contacted .............................86
Interview Topics/Questions...........................................88
Photograph of a Suction Dredge....................................89
About the Authors........................................................90


EXECUTIVE SUMMARY
Throughout the state of Oregon over the past several decades, people have visited
certain rivers and streams to engage in recreational placer mining a practice which generally entails looking for gold deposits. Some of these people use a motorized suction dredge to search for gold, and there are currently several hundred people who have obtained permits from the state to use a suction dredge. This practice, however, has been and continues to be controversial, especially in designated Oregon Scenic Waterways.

These waterways, comprising approximately 1000 river miles, are specially designated in order to maintain free flowing waters in their natural state, protect water quality and quantity at a level that is necessary for recreation, fish and wildlife uses, and to preserve scenic and esthetic qualities from the river perspective. Approximately 125 people currently hold permits to utilize a motorized suction dredge in Oregon Scenic Waterways,and the state has agreed to decide whether or not the practice should continue to be allowed in Scenic Waterways.


The statute authorizing the Oregon Scenic Waterways System in 1970 prohibited
placer mining, and made no distinction between large-scale commercial operations and small recreational activities. However, recreational placer mining was an existing use that was tacitly tolerated. In 1982, the Oregon Attorney Generals office ruled that the statute was intended to curb large commercial activities and therefore recreational mining could continue. In 1994 the Attorney Generals office revisited the issue and came to the opposite conclusion.

Recreational placer mining in Scenic Waterways was halted for only a short time.
The State Legislature amended the Oregon code in 1995 to allow the practice to continue, but only for two years, after which it would be sunsetted and no longer allowed. The December 31, 1997 sunset date was subsequently extended by two-year increments for a total of eight years. The current sunset date for recreational placer mining in Oregon Scenic Waterways is December 31, 2003 unless the Oregon State Legislature decides otherwise before that time.

Purpose of Report and Principal Questions

The Oregon State Legislature has requested that the Oregon Parks and Recreation
Department (OPRD) provide information to assist the Legislature in deciding whether to permanently allow or ban recreational placer mining in Oregon Scenic Waterways when the issue is addressed in 2003. To meet that request, this report provides information to answer the following questions, as requested by OPRD:

• What are the biological, recreational, and social effects of recreational placer
mining?
• What are the views of stakeholders, state and federal agencies, and scientific
researchers with respect to these effects?
• What are the impacts of banning or allowing recreational placer mining in
Oregon Scenic Waterways?

By providing this information on the effects and views of recreational placer mining, this report will assist the Legislature in answering the following questions:

• Is recreational placer mining an appropriate activity in Scenic Waterways?
• Is the activity consistent with the goals and objectives of the Scenic Waterways Program?
• Does recreational placer mining have unacceptable environmental impacts?


These questions encompass both social and ecological concerns. To address them, this report makes use of information obtained from researchers and scientific
literature, miners and mining groups, sportfishing and boating clubs, environmental
organizations, retail businesses, and representatives of state, local and federal agencies to assess the impacts and appropriateness of recreational placer mining in Oregon Scenic Waterways. The scientific literature provided information on potential environmental impacts, while individuals and stakeholder groups expressed a wide range of viewpoints on recreational suction dredge mining.


Arguments IN FAVOR of Suction Dredging in Oregon Scenic Waterways

Those in favor of continuing to allow recreational suction dredge mining in
Oregon Scenic Waterways generally make their case by arguing that:

• The waterways were designated partly for recreation, and miners are another
type of recreationist.
• Miners enjoy the activity; they dont do it to make a living.
• Waterways were meant to support multiple uses, and recreational miners have
as much a right to the waterways as other river users.
• Recreational placer mining on Scenic Waterways occurs at limited times in
limited areas by very few people. Oregon Scenic Waterways comprise only
1% of all river miles in the state, and only a few of these rivers contain gold
bearing sites (there are a few dozen sites that are subject to most of the suction
dredging). Because it occurs on such a small level, and at so few sites, the activity does not harm resources or interfere with other river recreation.
• Scientists have not proven that recreational suction dredging significantly
impacts fish.
• Recreational suction dredging is well regulated and most miners follow the
regulations, so it has minimal impact on the environment.
• Winter high flows erase all evidence of suction dredging.
• Suction dredging can improve waterways by removing lead and mercury, and
by loosening compacted gravel, making such areas more suitable for fish
spawning.


In addition, miners feel discriminated against for their choice of recreational
activity. They believe the public misunderstands what recreational suction dredging
actually entails, and argue that despite considerable research, fish biologists have not proven a linkage between their dredging activities and impacts on fish. They believe mining in general has been stigmatized and that people unfamiliar with the activity simply equate recreational placer mining with commercial-scale operations.


Arguments AGAINST Suction Dredging in Oregon Scenic Waterways

Those against continuing to allow recreational suction dredging in Oregon Scenic
Waterways generally make their case by arguing that:
• The waterways were designated specifically for their high quality fish,
wildlife and esthetic values, and appropriate kinds of recreation. Dredging is
inappropriate recreation because it degrades these ecological and social values
the reasons waterways were protected.
• Calling suction dredging recreational doesnt make it appropriate
motorized extractive activities are routinely prohibited in areas to protect natural qualities.
• Suction dredging has a high risk of harming waterway ecosystems and especially fish. These risks are not completely proven, but are obvious and well established.
• Suction dredge motors are noisy and impact other visitors, and risk polluting
rivers and adjacent areas with fuel spills.
• Miners sometimes threaten and frequently displace other visitors, and their camps are sometimes messy and unsanitary.
• Monitoring of compliance with regulations is inadequate and little is known
about cumulative effects, so regulators cannot support their claim that there
are no significant impacts.
• It makes no sense to spend significant time, money and effort restoring fish
runs and then allow an activity as potentially damaging as suction dredging.

Opponents of recreational placer mining say that it is inconsistent with social
values embodied in the goals and objectives of protecting the state’s most precious waterways. Suction dredge mining disrupts the natural life cycle of fish species, damages riparian areas, degrades ecological complexity, and impacts other visitors.
These impacts are both short and long-term, and occur even if miners follow all regulations scrupulously. In addition it is well established that plenty of regulatory violations occur.

[Redpaw]

WHAT THE GOVERNMENT AGENCIES SAY


Multiple land ownership patterns, human use history, and jurisdictional
boundaries often characterize Oregon Scenic Waterways. Some have both state andfederal scenic designation, while others do not. Several are designated critical habitat for endangered fish species. Some traverse state parks and many see heavy recreational use.

The range of social and ecological values attached to Oregon Scenic Waterways
ensures that several different state and federal agencies are involved in management and regulation of recreational placer mining. In the following section we summarize the roles and views of these agencies:

• Oregon Parks and Recreation Department
• Oregon Department of State Lands
• Oregon Department of Water Quality
• Oregon Department of Fish and Wildlife
• Oregon Water Resources Department
• US Department of the Interior Bureau of Land Management
• US Department of Agriculture Forest Service
• US Army Corps of Engineers
• Oregon Department of Geology and Mines
• US Department of the Interior Fish and Wildlife Service
• National Marine Fisheries Service
• Oregon State Police
Oregon Parks and Recreation Department (OPRD)
• OPRD is the agency with overall administrative responsibility for Scenic Waterways.
• The agency has little to do with overseeing or regulating suction dredge mining.
• The agency has expressed in the past its preference to eliminate recreational
mining from Scenic Waterways as a practice that is inconsistent with the goals
and priorities of the program.


OPRD is the lead agency for the Scenic Waterways Program. It maintains overall
responsibility for program administration, coordinating with federal, tribal, state and local agencies as necessary to protect and enhance the special attributes of Scenic Waterways.

The agency.s primary responsibility involves ensuring compliance regulations intended to protect waterway qualities within the one-quarter mile corridor of land along the water.s edge. OPRD must be notified of certain activities proposed within this corridor, such as cutting trees, clearing land, mining, constructing roads, railroads, utilities, buildings, houses, or other structures, or other activities that affect the scenic qualities from the river perspective.

Proposed uses or activities may not be started until the landowner.s written
notification is approved, or one year after the notice is accepted. Landowners are
directed to comply with limitations regarding these activities, and in fact, the lion.s share of OPRD efforts on Scenic Waterways involves working with landowners to bring land use activities into compliance with regulations. The agency generally reaches agreement with landowners whose original land use plans did not comply with regulations.

However, the agency does have the authority to purchase property or scenic easements from landowners and in certain cases it can exercise the state.s right of eminent domain, but these options have been used only rarely.

With respect to recreational placer mining, OPRD does not carry out any day-today
administrative responsibilities such as issuing permits or monitoring mining
activities. Agencies that do issues permits . DSL and DEQ . do not coordinate with
OPRD in issuing permits or asking for consultations on applications. In the past DSL did do this, but since the process has generally become routine, the practice of soliciting comments from OPRD has been discontinued.

OPRD does not have direct administrative responsibilities for recreational placer
mining in Oregon Scenic Waterways, but as the lead agency for the program, OPRD has expressed its views on recreational mining in the past when asked to comment by the state legislature. In general, the department has expressed the view that recreational suction dredging should not be permitted on state Scenic Waterways. OPRD bases this position on the original placer mining prohibition in the Scenic Waterways Act and the subsequent legal opinion in 1994 supporting that prohibition.

OPRD staff also noted that these waterways are considered special by virtue of
certain scenic and other physical qualities, and suction dredge mining diminishes these values. Dredging is noisy, causes turbidity in the water and has potential impacts on the health of fish populations. More importantly, mining is not typically considered to be a recreational activity in the way that camping, hiking, boating and fishing are. The departmental values of OPRD involve the preservation of open spaces to be used as parks and for recreation in general. These values do not often include mining, even on a small scale, as one of the activities that parks, scenic rivers, and open spaces should be used for. The practice seems inconsistent with all the other values that are protected by the .scenic. designation.

OPRD staff pointed out that they see very little placer mining on the scenic rivers
they manage, and some have noted, that based on what they actually see, there is not a strong case to be made that recreational miners are having an adverse ecological impact. However, Scenic Waterways staff also explained that only four of them cover the entire state, so they are not in a position to actually see and monitor most of what is done in the waterways. Waterway administrators familiar with recreational placer mining indicated that impacts associated with miner camps and access roads were significant issues, but that DSL did not consult with OPRD any more about specific permits so these impacts had become harder to assess.