Coos Bay Record of Decision and Resource Management Plan

Acronyms and Abbreviations

Coos Bay Record of Decision

Coos Bay District Resource Management Plan Table of Contents:

- Tables

- Figures

- Maps

- Appendices

Appendix G. Proposed Restrictions and Requirements on Mineral and Energy Exploration and Development Activity

Introduction

This appendix discusses the leasing stipulations as they will be applied to BLM-administered lands in the planning area under the Resource Management Plan (RMP). Operating standards pertinent to locatable and salable minerals are also described. Mineral exploration and development on federal lands must also comply with laws and regulations administered by several agencies of the State of Oregon; however, these requirements are not discussed in this document.

Leasable Mineral Resources

Oil and Gas Leasing

The Mineral Leasing Act of 1920 (as amended) provides that all publicly-owned oil and gas resources be open to leasing unless a specific land order has been issued to close the area. Through the land use planning process, the availability of these resources for leasing is analyzed, taking into consideration development potential and surface resources. Constraints on oil and gas operations are identified and placed in the leases as notices and stipulations. Oil and gas leases are then issued from the BLM Oregon State Office in Portland. Specific proposed notices and stipulations are listed by alternative later in this appendix.

The issuance of a lease conveys to the lessee an authorization to actively explore and/or develop the lease, in accordance with the attached stipulations and the standard terms outlined in the Federal Onshore Oil and Gas Leasing Reform Act. Restrictions on oil and gas activities in the planning area will take the form of timing limitations, controlled surface use, or "no surface" occupancy stipulations used at the discretion of the Authorized Officer to protect identified surface resources of special concern. Stipulations will be attached to each lease before it is offered for sale by the field office that reviews the lease tract. The review will be conducted by consulting the direction given in this resource management plan. In addition, all BLM-administered lands within the planning area will be subject to the lease notices as shown on the following pages. Every attempt will be made to place stipulations in the lease and to minimize use of Standard Conditions of Approval attached to the site-specific permit. All federal lessees or operators are required to follow procedures set forth by: Onshore Oil and Gas Orders, Notice to Lease (NTLs), The Federal Oil and Gas Royalty Management Act (as amended), The Federal Onshore Oil and Gas Leasing Reform Act, and Title 43 Code of Federal Regulations, (Part 3100).

Oil and Gas Operations

Geophysical Explorations

Geophysical operations may be conducted regardless of whether the land is leased or not. Notices to conduct geophysical operations on BLM surface are received by the resource area. Administration and surface protection are accomplished through close cooperation of the operator and the BLM. Seasonal restrictions may be imposed to reduce fire hazards, conflicts with wildlife, watershed damage, etc. An operator is required to file a "Notice of Intent to Conduct Oil and Gas Exploration Operations" for all geophysical activities on public land administered by BLM. The notice should adequately show the location and access routes, anticipated surface damages, and time frame. The operator is required to comply with written instructions and orders given by the Authorized Officer; the operator must also be bonded. Signing of the Notice of Intent by the operator signifies agreement to comply with the terms and conditions of the notice, regulations, and other requirements prescribed by the Authorized Officer. A prework conference and/or site inspection may be required.

Periodic checks during and upon completion of the operations will be conducted to ensure compliance with the terms of Notice of Intent, including reclamation.

Drilling Permit Process

The federal lessee or operating company selects a drill site based on spacing requirements, subsurface and surface geology, geophysics, topography, and economic considerations. Well spacing is determined by the Authorized Officer after considering topography, reservoir characteristics, protection of correlative rights, potential for well interference, interference with multiple use of lands, and protection of the surface and subsurface environments. Close coordination with the State would take place. Written field spacing orders are issued for each field. Exceptions to spacing requirements involving federal lands may be granted after joint State and BLM review.

Notice of Staking

Once the company makes the decision to drill, they must decide whether to submit a Notice of Staking (NOS) or apply directly for a permit to drill. The NOS is an outline of what the company intends to do, including a location map and sketched site plan. The NOS is used to review any conflicts with known critical resource values and to identify the need for associated rights-of-way and special use permits. The BLM utilizes information contained in the NOS and obtained from the onsite inspection to develop stipulations to be incorporated into the application for permit to drill. Upon receipt of the NOS, the BLM posts the document and pertinent information about the proposed well in the District Office for a minimum of 30 days prior to approval, for review and comment by the public.

Application for Permit to Drill (APD)

The operator may or may not choose to submit an NOS; in either case, an Application for Permit to Drill (APD) must be submitted prior to drilling. An APD consists of two main parts: a 12-point surface plan that describes any surface disturbances and is subject to review by resource specialists for adequacy with regard to lease stipulations designed to mitigate impacts to identified resource conflicts with the specific proposal; and an 8-point subsurface plan which details the drilling program and is reviewed by the staff mineral specialist or geologist. This plan includes provisions for casing, cementing, well control, and other safety requirements. For the APD option, the onsite inspection is used to assess possible impacts and to develop stipulations to minimize these impacts. If the NOS option is not utilized, the 30-day posting period begins with the filing of the APD. Private surface owner input is actively solicited during the APD stage.

Geothermal Leasing

The Geothermal Steam Act of 1970 (as amended) provides for the issuance of leases for the development and utilization of geothermal steam and associated geothermal resources. Geothermal leasing and operational regulations are contained in Title 43 CFR, Part 3200. Through the land use planning process, the availability of the geothermal resources for leasing is analyzed, taking into consideration development potential and surface and subsurface resources. Constraints on geothermal operations are identified and placed in the leases as stipulations. Geothermal leases are then issued by the BLM Oregon State Office in Portland.

Geothermal resources within a known geothermal resource area (KGRA) are offered by competitive sale. Outside of KGRAs, leases can be issued non-competitively (over-the-counter). Prior to a competitive lease sale, or the issuance of a non-competitive lease, each tract will be reviewed and appropriate lease stipulations will be included. The review will be conducted by consulting the direction given in the RMP. The issuance of a lease conveys to the lessee authorization to actively explore and/or develop the lease in accordance with regulations and lease terms and attached stipulations. Subsequent lease operations must be conducted in accordance with the regulations, Geothermal Resources Operational Orders, and any Conditions of Approval developed as a result of site-specific NEPA analysis. In the planning area, restrictions in some areas will include timing limitations, controlled surface use, or no surface occupancy stipulations used at the discretion of the Authorized Officer to protect identified surface resources of special concern.

In addition to restrictions related to the protection of surface resources, the various stipulations and conditions could contain requirements related to protection of subsurface resources. These may involve drainage protection of geothermal zones, protection of aquifers from contamination, or assumption of responsibility for any unplugged wells on the lease.

Development of geothermal resources can be done only on approved leases. Orderly development of a geothermal resource, from exploration to production, involves several major phases that must be approved separately. Each phase must undergo the appropriate level of NEPA compliance before it is approved and any subsequent authorization is issued.

Leasing Stipulation Summary

The mineral leasing notices and stipulations for the RMP are shown on the following pages. Those notices and stipulations are to be the minimum necessary to issue leases in the operating area. The standard leasing stipulations (Form 3100-11) alone would be utilized on most lands. The powersite stipulation (Form 3730-1) would be used on all lands included within powersite withdrawals, and the stipulation found on Form 3109-2 would be utilized for all lands under the jurisdiction of the Department of the Army, Corps of Engineers. Lease notices to protect threatened and endangered plant and animal species, and cultural resources, would apply to all lands administered by BLM in the planning area. A controlled surface use (CSU) special stipulation would be utilized to protect fragile soils on slopes exceeding 60 percent and to control visual impacts on VRM Class II areas. No surface occupancy (NSO) special stipulations would be utilized on the following areas: lands included within R&PP and FLPMA leases; developed and proposed recreation areas and sites; Riparian Reserves; regional forest nutritional research study installations; various land use authorizations and special areas (ACECs, RNAs, and EEAs); New River; Dean Creek Elk Viewing areas; The North Spit; lands classified as VRM Class I; snowy plover nest sites, Aleutian goose use areas, and critical habitat of other threatened or endangered species found on the district.

The regulation in 43 CFR 3101.1-2 permits the BLM to require relocation of proposed oil and gas operations up to 200 meters, so No Surface Occupancy leasing stipulations are not necessary to protect Regional Forest Nutritional Research Study Installations, progeny test sites, bald eagle nest and roost sites and associated habitat, and marbled murrelet nest sites.

Special Status Species (federal threatened and endangered, proposed federal threatened and endangered, federal candidate, Bureau sensitive, and state threatened and endangered) would be protected by a special stipulation that will be attached to all mineral leases on BLM-administered land in the Coos Bay District.

SEIS Special Attention Species would be protected by a special stipulation which would be attached to all mineral leases on BLM-administered land in the Coos Bay District.

The following notices and special leasing stipulations would be applied to the BLM-administered lands within the planning area in addition to those described above:

• No Surface Occupancy stipulations to protect great blue heron rookeries.
  
• Timing stipulations to protect raptor nests and osprey nest sites.
  
• Controlled surface use stipulations to protect Late-Successional and Riparian Reserves, key watersheds and Connectivity/Diversity Blocks, special recreation management areas, and managed rural interface areas.
  

Each stipulation also includes waivers, exceptions, and modifications defined as follows:

Leasing Notices and Stipulations

1. Standard Leasing Stipulations

2. Powersite Stipulation (Form No. 3730-1) is to be utilized on all lands within powersite reservations.

3. Stipulation for Lands Under Jurisdiction of Department of the Army, Corps of Engineers (Form No. 3109-2) are as follows:

All areas within 2,000 feet of any major structure—including but not limited to dams, spillways, or embankments—are restricted areas. The lessee, his operators, agents, or employees shall not disturb the surface or subsurface estates of the restricted areas. If the Commander or the authorized representative discovers an imminent danger to safety or security that allows no time to consult the BLM, that person may order such activities stopped immediately. The Authorized Officer of the BLM shall review the order and determine the need for further remedial action. Platform drilling over water areas (flood pool/drawdown zone) is prohibited; the method of drilling shall be directional from an off-site base. This restriction is required because occupancy would negatively affect or interfere with authorized project purposes and/or operational needs as listed below:

Land surface occupancy may be permitted within the lease area; however, directional drilling from an off-site base may be required. The Secretary of the Army or designee reserves the right to require cessation of operations if a national emergency arises. Upon request of approval from higher authority, the Commander will give the lessee written notice, or if time permits, request the BLM to give notice of the required cessation.

4. Lease Notices

The following Notices are to be issued with each lease for all lands administered by BLM within the planning area. Lease notices are attached to leases in the same manner as stipulations; however, there is an important distinction between lease notices and stipulations. Lease notices do not involve new restrictions or requirements. Any requirements contained in a lease notice must be fully supported in either laws, regulations, policy, or onshore oil and gas orders.

Notice - Wildlife

Notice

Wildlife - Threatened or Endangered Species Nest Sites and Nesting Habitat

The leased lands are in an area suitable for the habitat of the (scientific name), (common name) animal species which is listed as a threatened or endangered species, or is a candidate species proposed for listing.

All viable habitat will be identified for the lessee/operator by the Authorized Officer of the BLM during the preliminary environmental review of the proposed surface use plan. If the field examination indicates that the proposed activity may affect the species, then consultation will be conducted with the U.S. Fish & Wildlife Service pursuant to Sec. 7 of the Endangered Species Act of 1973, as amended. The consultation will determine whether or not the proposed activity would jeopardize the continued existence of the species, and, if so, the extent, if any, the proposed activity will be allowed.

Authority: The Endangered Species Act of 1973.

Table C-3 in Appendix C lists the threatened and endangered animal species known or suspected to occur in the Coos Bay District.

Notice - Plants

Notice

Resource: Special Status Plant Species

The leased lands are in an area suitable for the habitat of the (scientific name), (common name) plant species listed below which is considered as federal candidate species.

All viable habitat will be identified for the lessee/operator by the Authorized Officer of the BLM during the preliminary environmental review of the proposed surface use plan. If the field examination indicated that the proposed activity may affect the species, then BLM policy directs that technical assistance be obtained from the U.S. Fish & Wildlife Service to ensure that actions will not increase the need to list the species as threatened or endangered species.

Authority: The Endangered Species Act of 1973.

Table C-2 in Appendix C lists the threatened and endangered plant species known or suspected to occur in the Coos Bay District.

Notice - Cultural Resources

Notice

Cultural Resources: An inventory of the leased lands would be required prior to surface disturbance to determine if cultural resources are present and to identify needed mitigation measures. Prior to undertaking any surface-disturbing activities on the lands covered by this lease, the lessee or operator shall:

Authorities: Compliance with Section 106 of the National Historic Preservation Act is required for all actions that may affect cultural properties eligible to the National Register of Historic Places. Section 6 of the Oil and Gas Lease Terms (Form 3100-11) requires that operations be conducted in a manner that minimizes adverse impacts to cultural and other resources.

5. Leasing Stipulations

The following special stipulations are to be utilized on specifically designated tracts of land as described under the RMP.

NSO - Land Use

No Surface Occupancy

Resource: Land Use Authorizations

Stipulation: Surface occupancy and use is prohibited on Recreation and Public Purposes (R&PP) or FLPMA leases.

Objective: To protect uses on existing R&PP and FLPMA leases.

Exception: An exception to this stipulation may be granted by the Authorized Officer if the operator submits a plan demonstrating that impacts from the proposed action are acceptable or can be adequately mitigated.

Modification: The area affected by this stipulation may be modified by the Authorized Officer if the land use authorization boundaries are modified.

Waiver: This stipulation may be waived by the Authorized Officer if all land use authorizations within the leasehold have been terminated, canceled, or relinquished.

NSO - Recreation

No Surface Occupancy

Resource: Recreation

Stipulation: Surface occupancy and use is prohibited within the (developed or potential site name) recreation sites/areas.

Objective: To protect developed and potential recreation sites and areas.

Exception: An exception to this stipulation may be granted by the Authorized Officer if the operator submits a plan demonstrating that impacts from the proposed action are acceptable or can be adequately mitigated.

Modification: The boundaries of the stipulated area may be modified by the Authorized Officer if the recreation site/area boundaries are changed.

Waiver: This stipulation may be waived if the Authorized Officer determines that the entire leasehold no longer contains developed or potential recreation sites/areas.

NSO - Special Areas

No Surface Occupancy

Resource: Special Areas

Stipulation: Surface occupancy and use is prohibited within Areas of Critical Environmental Concern (ACECs), Research Natural Areas (RNAs), or Environmental Education Areas (EEAs).

Objective: To protect important historic, cultural, scenic values, natural resources, natural systems or processes, threatened and endangered plant and animal species, and/or natural hazard areas of the ACEC, RNA or EEA.

Exception: An exception to this stipulation may be granted by the Authorized Officer if the operator submits a plan demonstrating that impacts from the proposed action are acceptable or can be adequately mitigated.

Modification: The boundaries of the stipulated area may be modified by the Authorized Officer if the ACEC, RNA or EEA boundaries are changed.

Waiver: This stipulation may be waived if the Authorized Officer determines that the entire leasehold no longer contains designated ACECs, RNAs or EEAs.

NSO - Research

No Surface Occupancy

Resource: Regional Forest Nutritional Research Study Installations

Stipulation: Surface occupancy and use is prohibited within regional forest nutritional research study installations.

Objective: To protect regional forest nutritional research study installations.

Exception: An exception to this stipulation may be granted by the Authorized Officer if the operator submits a plan demonstrating that impacts from the proposed action are acceptable or can be adequately mitigated.

Modification: The boundaries of the stipulated area may be modified by the Authorized Officer if the regional forest nutritional research study installation boundaries are changed.

Waiver: This stipulation may be waived if the Authorized Officer determines that the entire leasehold no longer contains regional forest nutritional research study installations.

NSO - Progeny Sites and Seed Orchards

No Surface Occupancy

Resource: Progeny plantation sites and seed orchards.

Stipulation: Surface occupancy and use is prohibited within progeny plantation sites or seed orchards.

Objective: To protect progeny plantation sites and seed orchards.

Exception: None.

Modification: The boundaries of the stipulated area may be modified by the Authorized Officer if the progeny plantation site or seed orchard boundaries are changed.

Waiver: This stipulation may be waived if the Authorized Officer determines that the entire leasehold no longer contains progeny plantation sites or seed orchards.

NSO - VRM (Class I)

No Surface Occupancy

Resource: Visual Resource Management (VRM) Class I

Stipulation: Surface occupancy and use is prohibited in VRM Class I areas.

Objective: To preserve the existing character of the landscape.

Exception: An exception to this stipulation may be granted by the Authorized Officer if the operator submits a plan demonstrating that impacts from the proposed action are acceptable or can be adequately mitigated.

Modification: The boundaries of the stipulated area may be modified by the Authorized Officer if the boundaries of the VRM Class I area are changed.

Waiver: This stipulation may be waived by the Authorized Officer if all VRM Class I areas within the leasehold are reduced to a lower VRM class. Areas reduced to a lower VRM class will be subject to the Controlled Surface Use stipulation for visual resources.

NSO - Wildlife (Threatened/Endangered Bird Species)

No Surface Occupancy

Resource: Wildlife - Bald Eagle, Peregrine Falcon, Northern Spotted Owl, Snowy Plover, Marbled Murrelet, and Aleutian Canada Goose nest sites and nesting habitat and important feeding and concentration habitat.

Stipulation: Surface occupancy and use is prohibited within (Distance in yards/miles) of known nest sites which have been active within the past seven years, within nesting habitat in riparian areas, and within the designated boundaries of habitat.

Objective: To protect nesting sites and/or nesting habitat and critical habitat in accordance with the Endangered Species Act (ESA).

Exception: An exception may be granted by the Authorized Officer if the operator submits a plan which demonstrates that the proposed action will not affect species or its habitat. If the Authorized Officer determines that the action may or will have an adverse effect on the species, the operator may submit a plan demonstrating that the impacts can be adequately mitigated. This plan must be approved by BLM in consultation or conferencing with the U.S. Fish and Wildlife Service (USFWS).

Modification: The boundaries of the stipulated area may be modified if the Authorized Officer, in consultation with USFWS, determines that portion of the area can be occupied without adversely affecting nest sites or nesting and critical habitat.

Waiver: This stipulation may be waived if the Authorized Officer, in consultation with USFWS, determines that the entire leasehold can be occupied without adversely affecting nest sites or nesting habitat and other critical habitat, or if the species is declared recovered and is no longer protected under the ESA.

NSO - Wildlife (Great Blue Heron and Osprey)

No Surface Occupancy

Resource: Wildlife - Great Blue Heron rookery and Osprey nests and nest habitat.

Stipulation: Surface occupancy and use is prohibited within 250 yards of known great blue heron rookeries and within 0.5 mile of osprey nest sites that have been active within the past seven years.

Objective: To protect great blue heron rookeries and osprey nest sites.

Exception: An exception may be granted by the Authorized Officer if the operator submits a plan which demonstrates that the proposed action will not affect the above species or its habitat. If the Authorized Officer determines that the action may or will have an adverse effect on the species, the operator may submit a plan demonstrating that the impacts can be adequately mitigated. This plan must be approved by BLM.

Modification: The boundaries of the stipulated area may be modified if the Authorized Officer determines that portion of the area can be occupied without adversely affecting the above species or its habitat.

Waiver: This stipulation may be waived if the Authorized Officer determines that the entire leasehold can be occupied without adversely affecting great blue heron or osprey nest sites.

NSO - Riparian Reserves and Key Watersheds

No Surface Occupancy

Resource: Riparian Reserves and Key Watersheds.

Stipulation: Unless otherwise authorized, drill site construction and access through Riparian Reserves and key watersheds within this leasehold will be limited to established roadways.

Objective: To protect riparian vegetation and reduce erosion adjacent to water courses.

Exception: An exception to this stipulation may be granted by the Authorized Officer if the operator submits a plan which demonstrates that impacts from the proposed action are acceptable or can be adequately mitigated.

Modification: The area affected by this stipulation may be modified by the Authorized Officer if it is determined that portions of the area do not include Riparian Reserves and key watersheds, floodplains, or water bodies.

Waiver: This stipulation may be waived by the Authorized Officer if it is determined that the entire leasehold does not include Riparian Reserves and key watersheds.

CSU - Soils

Controlled Surface Use

Resource: Soils

Stipulation: Prior to disturbance of slopes over 60 percent, an engineering/reclamation plan must be approved by the Authorized Officer. Such plan must demonstrate how the following will be accomplished:

- Site productivity will be restored.

- Surface runoff will be adequately controlled.

- Off-site areas will be protected from accelerated erosion, such as rilling, gullying, piping, and mass wasting.

- Water quality and quantity will be in conformance with state and federal water quality laws.

- Surface-disturbing activities will not be conducted during extended wet periods.

- Construction will not be allowed when soils are frozen.

- Additional state requirements would be incorporated into the engineering/reclamation plan.

Objective: To maintain soil productivity; provide necessary protection to prevent excessive soil erosion on steep slopes; and avoid areas subject to slope failure, mass wasting, piping, or having excessive reclamation problems.

Exception: An exception to this stipulation may be granted by the Authorized Officer if the operator submits a plan which demonstrates that the impacts from the proposed action are acceptable or can be adequately mitigated.

Modification: The area affected by this stipulation may be modified by the Authorized Officer if it is determined that portions of the area do not include slopes over 60 percent.

Waiver: This stipulation may be waived by the Authorized Officer if it is determined that the entire leasehold does not include slopes over 60 percent.

CSU - VRM (Class II)

Controlled Surface Use

Resource: Visual Resource Management (VRM) Class II.

Stipulation: All surface-disturbing activities, and semipermanent and permanent facilities in VRM Class II areas may require special design including location, painting, and camouflage to blend with the natural surroundings and to meet the visual quality objectives for the area.

Objective: To control the visual impacts of activities and facilities within acceptable levels.

Exception: None.

Modification: None.

Waiver: This stipulation may be waived if the Authorized Officer determines that there are no VRM Class II areas in the leasehold.

CSU - Special Status Species

Controlled Surface Use

Resource: Special Status Plant or Animal Species

Stipulation: Unless otherwise authorized, drill site construction and access through habitat of (scientific name), (common name), a (federal candidate, state listed or bureau sensitive) species, within the leasehold will be limited to designated roadways.

Objective: To protect special status species.

Exception: An exception may be granted by the Authorized Officer if the operator submits a plan which demonstrates that the proposed action will not affect the species or its habitat. If the Authorized Officer determines that the action may or will have an adverse effect on the species, the operator may submit a plan demonstrating that the impacts can be adequately mitigated. This plan may be reviewed for technical accuracy with the U.S. Fish and Wildlife Service (USFWS).

Modification: The boundaries of the stipulated area may be modified if the Authorized Officer, based on discussions with USFWS, determines that portion of the area can be occupied without adversely affecting nest sites or habitat.

Waiver: This stipulation may be waived if the Authorized Officer, in discussing with USFWS, determines that the entire leasehold can be occupied without adversely affecting nest sites or nesting habitat and other habitat, or if the species is no longer considered to be a special status species.

Note: Special status plant species occurring on the district are listed in Appendix C Table C-2, and special status animal species are listed in Appendix C Table C-3.

CSU - SRMA and Recreation Rivers

Controlled Surface Use

Resource: Special Recreation Management Area (SRMA) and suitable and eligible (but not assessed) recreation rivers.

Stipulation: Unless otherwise authorized, drill site construction and access through special recreation management areas within this leasehold will be limited to established roadways.

Objective: To protect recreational qualities of the lands involved and recreational facilities, as well as enhance recreational opportunities within the designated boundary of the SRMA.

Exception: An exception to this stipulation may be granted by the Authorized Officer if the operator submits a plan which demonstrates that impacts from the proposed action are acceptable or can be adequately mitigated.

Modification: The area affected by this stipulation may be modified by the Authorized Officer if it is determined that portions of the area do not include Special Recreation Management Areas.

Waiver: This stipulation may be waived by the Authorized Officer if it is determined that the entire leasehold does not include Special Recreational Management Areas.

CSU - Late-Successional Reserves and Connectivity/Diversity Blocks

Controlled Surface Use

Resource: Late-Successional Reserves and Connectivity/Diversity Blocks

Stipulation: Unless otherwise authorized, drill site construction and access through Late-Successional Reserves (LSRs) or Connectivity/Diversity Blocks within this leasehold will be limited to established roadways.

Objective: To protect vegetation and to retain and/or restore old-growth forest characteristics.

Exception: An exception to this stipulation may be granted by the Authorized Officer if the operator submits a plan which demonstrates that impacts from the proposed action are acceptable or can be adequately mitigated.

Modification: The area affected by this stipulation may be modified by the Authorized Officer if it is determined that portions of the area do not include LSRs or Connectivity/Diversity Blocks.

Waiver: This stipulation may be waived by the Authorized Officer if it is determined that the entire leasehold does not include LSRs or Connectivity/Diversity Blocks.

CSU - RIAs

Controlled Surface Use

Resource: Managed Rural Interface Areas

Stipulation: Unless otherwise authorized, drill site construction and access through managed rural interface areas in (legal description) within the leasehold will be limited to designated roadways.

Exception: An exception to this stipulation may be granted by the Authorized Officer if the operator submits a plan which demonstrates that impacts from the proposed action are acceptable or can be adequately mitigated.

Modification: The area affected by this stipulation may be modified by the Authorized Officer if it is determined that portions of the area do not include managed rural interface areas.

Waiver: This stipulation may be waived by the Authorized Officer if it is determined that the entire leasehold does is not included in managed rural interface areas.

Timing - Wildlife

Timing Limitation

Resource: Wildlife - Raptor Nests

Stipulation: Surface use is prohibited from (date), within (distance in yards/miles) of raptor nest sites which have been active within the past two years. This stipulation does not apply to the operation and maintenance of production facilities.

Objective: To protect nest sites of raptors which have been identified as species of special concern in Oregon.

Exception: An exception to this stipulation may be granted by the Authorized Officer if the operator submits a plan which demonstrates that impacts from the proposed action are acceptable or can be adequately mitigated.

Modification: The boundaries of the stipulated area may be modified if the Authorized Officer determines that portions of the area no longer are within (distance in yards/miles) of raptor nests which have been active within the past two years. The dates for the timing restriction may be modified if new information indicates that (dates specified above) are not valid for the leasehold.

Waiver: This stipulation may be waived if the Authorized Officer determines that the entire leasehold no longer is within (distance in yards/miles) of raptor nest sites which have been active within the past two years.

Locatable Minerals

General

The following operational guidelines for mining activities have been compiled to facilitate in complying with the 43 CFR 3809 surface management regulations, which apply to all mining operations on BLM-administered lands in the Coos Bay District. All of the following guidelines may not apply to every mining operation. It is the mining claimant's and/or operator's responsibility to avoid "unnecessary or undue degradation" and to promptly perform all necessary reclamation work. Refer to regulations of 43 CFR 3809 for general requirements. For guidance on the reclamation of mining and exploration sites that will be followed on the Coos Bay District, refer to BLM's Solid Mineral Reclamation Handbook (H-3042-1).

An intergovernmental agreement between BLM and the Oregon Department of Geology and Mineral Industries was designed to avoid duplication of regulations, inspections, and approval of reclamation plans as well as minimize repetitive costs to mining operators. This agreement can be reviewed at the District Office.

The following guidelines include some, but not all, of the requirements of the various state agencies overseeing mining operations. BLM does not enforce State requirements; they are included here as information. State requirements could change during the life of the plan.

Prospecting, Exploration and Mining

State of Oregon Requirements

Out-of-stream mining—which disposes of all waste water by evaporation and/or seepage, with no readily-traceable discharge to ground water or surface water—that involves processing of up to 10,000 cubic yards of material per year must be authorized under General Permit # 0600 issued by the Department of Environmental Quality (DEQ). Instream use of suction dredges must be authorized by Permit # 0700-J issued by the DEQ.

Removal or alteration of over 50 cubic yards of material in any waters of the state requires a Removal-Fill permit from the Division of State Lands. This permit is required for any relocation of flowing streams in conjunction with mining.

Any person engaging in onshore mineral exploration that disturbs more than one surface acre or involves drilling to greater than 50 feet must obtain an exploration permit from the Oregon Department of Geology and Mineral Industries (DOGAMI). Mining operations involving 5,000 or more cubic yards of material per year or disturbing one or more acres of land will require an operating permit from DOGAMI.

BLM Requirements

Operations ordinarily resulting in only negligible disturbance as defined in 43 CFR 3809.0-5(b) are considered to be "casual use" and no notification to or approval by the BLM is required. All operators proposing occupancy, timber removal, use of mechanized earth-moving equipment, operation of suction dredges having intake hoses with an inside diameter greater than four inches, or surface disturbance of five acres or less during any calendar year must provide a written notice to the district office at least 15 days prior to the commencement of any surface disturbance. For operations that will cause greater than five acres of cumulative surface disturbance, the operator is required to submit a plan of operations pursuant to the regulations in 43 CFR 3809.1-4. BLM requirements for protection of specific resource values or specific activities are listed below individually.

Cultural and Paleontological Resources

Operators shall not knowingly alter, injure, or destroy any scientifically important paleontological (fossil) remains or any historical or archaeological site, structure, or object on federal lands. The operator shall immediately bring to the attention of the Authorized Officer, any paleontological (fossil) remains or any historical or archaeological site, structure, or object that might be altered or destroyed by exploration or mining operations, and shall leave such discovery intact until instructed to proceed by the Authorized Officer. The Authorized Officer shall evaluate the discovery, take action to protect or remove the resource, and allow operations to proceed.

Threatened and Endangered Plant/Animal Species

Operators shall take such action as may be needed, as stipulated in guidelines developed through consultation with the U.S. Fish and Wildlife Service, to prevent adverse impacts to threatened or endangered species of plants and animals and their habitat that may be affected by operations. Under Notice-level operations, if the review of the notice by BLM reveals that a potential conflict with a threatened or endangered species exists, the operator will be advised not to proceed and informed that a knowing violation of the taking provision of the Endangered Species Act will result in a notice of noncompliance and may result in criminal penalties. If the operator wishes to develop measures that will eliminate the conflict, then the Authorized Officer will arrange for the participation of BLM resource specialists and the U.S. Fish and Wildlife Service in reviewing the proposed revision to the Notice. If processing a proposed Plan of Operations indicates that a potential conflict exists with a threatened or endangered species or its habitat, the Authorized Officer shall notify the operator that the plan cannot be approved until BLM has complied with Section 7 of the Endangered Species Act. Special status species plants and animals and their habitat will be identified by the Authorized Officer and shall be avoided wherever possible.

Appendix C provides a listing of special status species known or suspected to occur on the district.

Vegetation/Timber Removal

The operator may remove and/or use only vegetation that interferes with mining activities. An application must be submitted to the Authorized Officer pursuant to 43 CFR 3821.4 describing the proposed use of merchantable timber from O&C or CBWR lands for mining purposes. No trees over six inches diameter at breast height (dbh) may be cut until the application is approved and the trees are marked. The Coos Bay BLM office recommends that small trees (e.g., less than six inches dbh) and shrubs be lopped and scattered, or shredded for use as mulch. Trees over six inches dbh are to be bucked and stacked in an accessible location, unless they are needed for the mining operation. Trees removed from the claim may not be used as payment for conversion of raw logs into dimension lumber or mine timbers.

Firewood

Merchantable conifer timber may not be used for firewood. Firewood permits may be issued to the operator for use in conjunction with the mining operation, but no wood may be used until a permit is obtained from BLM. Permits will be limited to hardwoods or salvage timber that is not considered to be merchantable. Firewood authorized for use in conjunction with a mining operation is not to be removed from the mining claim.

Topsoil

Topsoil and usable subsoil (usually the top 12 to 18 inches) should be carefully removed from all areas in advance of excavations or establishment of mine waste dumps and tailings dams. This material should be stockpiled and protected from erosion for use in future reclamation.

Roads

Existing roads and trails should be used where possible. Temporary roads are to be constructed to a minimum width and with minimum cuts and fills. All roads shall be constructed in a manner that avoids negatively impacting slope stability. Roads will be promptly reclaimed when no longer needed unless permission is specifically granted by the BLM to do otherwise.

Wetlands

When proposed mining activities are expected to fill or alter wetland areas, the operator must contact the Department of the Army, Corps of Engineers, for the appropriate permit. A copy of the permit must be submitted to the Authorized Officer in conjunction with a Notice or Plan of Operations.

Water Quality

All operators shall comply with federal and state water quality standards including the Federal Water Pollution Control Act. When mining activity is in or near bodies of water, or sediment and/or other pollutants are discharged, the State DEQ should be consulted. A discharge permit, and possibly a settling pond, will be required when mining operations have any discharge. It is the operator's responsibility to obtain any needed suction dredging, stream bed alteration, or water discharge permits required by the state DEQ or other state agencies. Copies of such permits shall be provided to the BLM's Authorized Officer when a Notice or Plan of Operations is filed. All operations, including casual use, shall be conducted in a manner that does not involve unnecessary or undue degradation of surface and subsurface water resources and that complies with all pertinent Federal and state water quality laws.

Claim Monuments

State law prohibits use of plastic pipe for claim staking in Oregon. It is BLM policy that existing plastic pipe monuments have all openings (ends and slots) permanently closed. Upon loss or abandonment of the claim, all plastic pipe must be removed from the public lands. Old markers replaced during normal claim maintenance are to be replaced with either wood posts or stone and/or earth mounds, constructed in accordance with state law.

Drill Sites

Wherever possible, exploratory drill sites should be located next to or on existing roads without blocking public access. When drill sites must be constructed, the size of the disturbance shall be as small as possible. Any operator engaging in mineral exploration that involves drilling to greater than 50 feet must obtain an exploration permit from the DOGAMI (ORS 517.962).

Dust and Erosion Control

Any exposed ground surfaces susceptible to erosion will need to be protected during operation and also during periods of shut-down. This can be accomplished with seeding, mulching, installation of water diversions, and routine watering of dust-producing surfaces.

Fire Safety

All state fire regulations must be followed, including obtaining a campfire permit or blasting permit, if needed. All internal gas combustion engines must be equipped with approved spark arresters and exhaust systems.

Safety and Public Access

Under Public Law 167, the government has the right to dispose and manage surface resources (including timber) on mining claims located after July 23, 1955. These rights are limited to the extent that they do not endanger or materially interfere with any phase of an ongoing mining operation or uses reasonably incident thereto. Claims located prior to July 23, 1955 may have surface rights, if such claims were verified as being valid under Sections 5 and 6 of the Act.

The general public may not be excluded from the mining claim. Mining claimants shall not exclude the public from mining claims with force, intimidation, or posting of "no trespassing" signs. It is the operator's responsibility to protect the public from mining hazards. The general public can be restricted only from specific dangerous areas (e.g., underground mines, open pits or equipment storage sites) by erecting fences, gates and warning signs. Gates or road blocks may be installed on existing or proposed roads only with BLM approval. Gates restricting public access onto a mine site will only be considered in such cases where the safety hazard is specifically created by the mining activity and the hazard covers a large area. The determination as to whether a safety hazard is large enough to warrant a gate will be determined on a case-by-case basis. Fences (rather than gates) or other approved barriers shall be utilized to protect the public from hazards related to small excavations, tunnels and shafts.

Some roads which cross private land to reach BLM-administered lands are controlled by the private parties. While some of these roads have been assigned BLM road numbers, access may only be granted for administrative use by the BLM and its licensees and permittees under a nonexclusive easement. Mining claimants are not considered licensees or permittees and must make their own arrangements with the private party to use such roads.

Sewage

Self-contained or chemical toilets are to be used at exploration or mining operations and their contents disposed at approved dump stations. Outhouses and uncontained pit toilets are considered unnecessary and undue degradation and are not allowed on mining claims. County sanitation permits are required for all other types of sanitation facilities.

Structures

A Notice or Plan of Operation is required when any structure is installed on a mining claim. A Notice or Plan of Operation is required when occupancy of more than 14 days occurs. The claimant must maintain the claim and operations, structures, equipment, and other facilities in a safe and orderly manner. It is district policy that permanent structures will not be allowed for exploration or prospecting operations. Permanent structures are those fixed to the ground by any of the various types of foundations, slabs, piers, poles, or other means allowed by state or county building codes. The term shall also include structures placed on the ground that lack foundations, slabs, piers or poles, and that can only be moved through disassembly into component parts or by techniques commonly used in house moving. Permanent structures include trailers, mobile homes, motor homes, vans, campers, cars, and similar structures when fixed to the ground by any method for more than 14 days. Any temporary structures placed on public lands in conjunction with prospecting or exploration are allowed only for the duration of such activities, unless expressly allowed in writing by the Authorized Officer to remain on the public lands. Temporary structures are defined as structures not fixed to the ground by a foundation and that can be moved without disassembly into their component parts.

Permanent structures may be allowed for mining operations if they are deemed reasonably incident to conducting the operation. Mining operations are defined as all functions, work, facilities, and activities in connection with development, mining, or processing mineral deposits.

All permanent or temporary structures placed on public lands shall conform to appropriate state or local building, fire, and electrical codes, and occupational safety and health and mine safety standards. BLM may require that operators remove any structures or facilities that have not been used for an extended period of time and reclaim the site.

Equipment

The claimant must maintain the claim and operations, structures, equipment, and other facilities in a safe and orderly manner. Only equipment and supplies that are appropriate, reasonable, and in regular use for explorations and mining operations will be allowed on the claim. Equipment used only infrequently should be stored off-site. That which can be readily removed in a small truck and/or trailer at the end of a work day should not be left onsite. Storage of unused or infrequently used equipment will not normally serve to justify the occupancy of a claim. Accumulation of unused and/or derelict equipment and other unused materials, including trash, may be in violation of federal and state ordinances regarding offensive littering, and will be considered undue and unnecessary degradation of the public lands. BLM may require the operator to remove equipment after an extended period of non-operation and to reclaim the site. In such cases, the claimant will be required to take immediate mitigative action.

Animals

Pursuant to Public Law 167, use of a mining claim is expressly limited to prospecting, mining, or processing operations and uses reasonably incident thereto. Any maintenance of domestic animals on the claim must be reasonably incident to these expressed uses. Such animals must be managed in accordance with applicable federal, state and local ordinances such as not to cause undue or unnecessary degradation of the public lands. Unless otherwise permitted consistent with regulations at 43 CFR 4100 and controlled pursuant to 43 CFR 8360, agriculture animals are not considered necessary to conduct mining operations. If dogs or cats are to be present at the work site, the operator is required to keep them under control at all times so they do not chase wildlife or threaten people.

Tailings Ponds

Settling ponds must be used to contain sediment, and any discharge must meet standards of the Oregon DEQ.

Solid and Hazardous Waste

Trash, garbage, used oil, or other waste must be removed from public land and properly disposed. Trash, garbage or hazardous wastes must not be buried on public lands. Accumulations of trash, debris, or inoperable equipment on public lands are viewed as unnecessary degradation and will not be tolerated. Pursuant to 43 CFR 8365 and state regulations at part 164.785 and 164.805, operators conducting illegal disposals shall be held financially responsible for the clean-up of such disposals.

Occupancy at Mining Sites

Occupying public land in excess of 14 days per calendar year must be reasonably incident to and required for actual continuous mining or diligent exploration operations and will require either a Notice or Plan of Operations. In general, operations at the casual use level are not sufficient to warrant occupancy on a mining claim.

The following discussion of occupancy only applies to those operators wishing to assert their right to live full-time on public lands pursuant to privileges granted under the mining laws. It does not apply to operators proposing to camp at prospecting or mining sites on weekends or one to two days during the week.

- Only those persons working diligently and continuously on a mining or exploration operation will be allowed to live on the claim beyond the 14-day per calendar year camping limit. A continuous mining or exploration operation is defined as an operation necessitating full-time work at the operating site. The Oregon State Bureau of Labor and Industries generally considers that full-time work consists of a minimum of 40 hours worked per week.

- Each person proposing to live full-time at the site would be expected to conduct full-time work each week. Normal working hours are to be specified on the Notice or Plan of Operation at the time of submittal to the district BLM office. Should work hours be altered periodically or seasonally, it is the responsibility of the operator to notify the BLM (prior to the change) so that the Notice or Plan can be modified. Camping sites used in conjunction with mineral exploration or extraction operations are expected to be kept in a neat and orderly condition. If operations cannot be pursued due to high fire danger in forested areas, then living at the claim site will not be permitted.

Security Guard

In some cases, it may be reasonably incident for a security guard to live onsite to protect valuable property and equipment and/or safeguard the public from workings which are necessary for the mining operation. The need for a security guard shall be such that the person with those duties is required to be present at the site whenever the operation is shut down temporarily or at the end of the workday, or whenever the mining claimant, operator, or workers are not present on the site. The proposed occupancy by a security guard must be described as a Notice or Plan of Operations.

BLM Reclamation Requirements

Reclamation of all disturbed areas must be performed concurrently or as soon as possible after exploration or mining ceases and shall conform to guidelines described in BLM Handbook H-3042-1. Reclamation shall include, but not be limited to:

• Saving topsoil for final application after reshaping disturbed areas.
  
• Taking measures to control erosion, landslides, and water runoff.
  
• Taking measures to isolate, remove, or control toxic materials.
  
• Reshaping the area disturbed, applying topsoil, and revegetating disturbed areas where reasonably practicable.
  
• Rehabilitating fisheries and wildlife habitat.
  

When reclamation of the disturbed area has been completed, except to the extent necessary to preserve evidence of mineralization, the BLM must be notified so that an inspection of the area can be made.

The following general guidelines will be used in developing site-specific stipulations for reclamation of exploration and mining activities.

Non-Operation

All mining equipment, vehicles, and structures must be removed from the public lands during periods of non-operation in excess of 24 consecutive months and/or at the conclusion of mining, unless authorization from BLM is given to the operator or claimant in writing. Accumulations of debris and trash on mining claims are considered unnecessary and undue degradation and must be removed immediately regardless of the status of the operation. Failure to do so will result in the issuance of a notice of noncompliance.

Backfilling and Recontouring

The first steps in reclaiming a disturbed site are backfilling excavations and reducing high walls, if feasible. Coarse rock material should be replaced first, followed by medium-sized material, with fine materials to be placed on top. Recontouring means shaping the disturbed area to blend with the surrounding lands, minimize the possibility of erosion, and facilitate revegetation.

Seedbed Preparation

Recontouring should include preparation of an adequate seedbed. This is accomplished by ripping or discing compacted soils to a depth of at least 6 inches in rocky areas and at least 18 inches in less rocky areas. This should be done following the contour of the land to limit erosion. All stockpiled settling pond fines, and then topsoil, shall be spread evenly over the disturbed areas.

Fertilizer

Due to the generally poor nutrient value of mined soils, it may be necessary to use fertilizer to ensure maximum yield from the seeding mixture. For example, a fertilizer with analysis of 16-16-16 (or other approved mix) should be spread at the rate of 200 lbs/acre, but not allowed to enter streams or bodies of water.

Seeding

BLM-approved seeding prescription must be used to provide adequate revegetation for erosion control and restoration of wildlife habitat, and to achieve productive secondary uses of public lands. Seeding should be done in September or October to ensure that seed is in the ground prior to the first significant winter rains. If seeding fails, or is done at the wrong time, the operator may be asked to reseed the area at the appropriate time, as determined by the Authorized Officer.

Broadcast seeding is preferable on smaller sites. When using a whirlybird type seed spreader, it is important to keep the different seeds well mixed to achieve even distribution. For the best results, a drag harrow should be pulled over the seeded area to cover the seed before mulching. The Authorized Officer may recommend hydroseeding on critical sites for rapid coverage and erosion control on cut banks, fill slopes, and any other disturbed areas.

Tree Replacement

Replacement of destroyed trees may be necessary with the planting of seedlings or container stock.

Mulch

As directed by the BLM, during review of the Notice or Plan of Operations, the disturbed area may require mulching during interim or final reclamation procedures. Depending on site conditions, the mulch may need to be punched, netted, or blown on with a tackifier to hold it in place. In some cases, erosion control blankets may be cost effective for use.

Roads

After mining is completed, all new roads shall be reclaimed, unless otherwise specified by the BLM. High walls and cut banks are to be knocked down or backfilled to blend with the surrounding landscape. Remove all culverts from drainage crossings and cut back the fill to the original channel. The roadbed should be ripped to a minimum depth of 18 inches to reduce compaction and provide a good seedbed. The road must then be fertilized, seeded, and mulched if necessary. When necessary, water bars are to be used to block access and provide drainage.

Tailings Ponds

The ponds should be allowed to dry out, then the sediments removed and spread with the topsoil, unless the sediments contain toxic materials. If the ponds contain toxic materials, a plan will be developed to identify, dispose, and mitigate effects of the toxic materials. If necessary, a monitoring plan will also be implemented. The ponds should then be backfilled and reclaimed.

Visual Resources

To the extent practicable, the reclaimed landscape should have characteristics that approximate or are compatible with the visual quality of the adjacent area.

Suction Dredging

Specific requirements have been identified by the BLM and the state for suction dredging activities.

State of Oregon Requirements for Suction Dredging

All suction dredge operations must be authorized by Permit # 0700-J issued by the Department of Environmental Quality. This permit is issued free of charge for dredges having hoses with an inside diameter of four inches or less. Registration and a filing fee of $50.00 is required for suction dredges having hoses with an inside diameter greater than four inches. Mining operators should contact the Department of Environmental Quality, Water Quality Division, 811 S.W. Sixth Avenue, Portland, Oregon, 97204, (503) 229-5696, for further information.

Suction dredging outside the "permitted work period" established for certain waterways by the Oregon Department of Fish and Wildlife (ODFW) will require written permission by an ODFW biologist.

The river beds of navigable waterways are controlled by the Oregon Division of State Lands.

BLM Requirements for Suction Dredging

Filing either a Notice or Plan of Operations is required on all suction dredge operations where the dredge has an intake hose equal to or greater than 4 inches in diameter regardless of nozzle size, or where any suction dredge operator proposes occupancy on BLM land (in excess of 14 calendar days per year) or the installation of structures of any kind.

Further, a Notice or Plan of Operation is required when more than one suction dredge is in operation at the same time on one mining claim regardless of intake hose size.

A Notice or Plan of Operation is not required for casual use activities, which include but are not limited to the following:

- Use of a suction dredge having an intake hose equal to or less than 4 inches in diameter and where no structures or occupancy beyond 14 calendar days per year is involved.

- Staking a mining claim.

- Prospecting, sampling, gold panning, or mining using only hand tools.

At the existing Sixes River Recreation Site—which is withdrawn from mining claim location—the use of hand tools (including shovels, gold pans, and sluice boxes) and suction dredges with a suction hose of four inches (state threshold for permit fee) or less is allowed with no permits or Notice or Plan of Operation required by the BLM Coos Bay District Office. Recreational miners are required to comply with DEQ requirements as described below. Larger suction dredges with intake hoses having a diameter greater than four inches are not allowed at this recreation site. Additional information on recreational mining at this site is available at the Coos Bay BLM office.

Salable Minerals

Proposed Operations

All proposed pits and quarries, and any exploration that involves surface disturbance, are required to have operating and reclamation plans approved by the Area Manager. All proposals will undergo the appropriate levels of review and compliance with the National Environmental Policy Act.

Operating Procedures

The following requirements should be made a part of every contract or permit providing for the use of mineral material sites on the district:

• Oversized boulders shall not be wasted but shall be broken and utilized concurrently with the excavated material.
  
• The operator shall comply with local and state safety codes covering quarry operations, warning signs, and traffic control. All necessary permits must be obtained from state and county agencies.
  
• Use of the site for equipment storage and stockpiling rock material is allowed for the duration of the contract or permit. Use of the site beyond that time would be authorized under a special use permit.
  

Quarry Design

Due to steep terrain in the operating area, most quarry developments will require a series of benches to effectively maximize the amount of mineral materials to be removed in a safe manner. In most cases, bench height should not exceed 40 feet, and if the bench will be used by bulldozers to access other parts of the quarry, the width of the bench should be at least 25 feet. If the bench is not used by equipment, then this width can be reduced to approximately 10 feet.

Clearing of timber and brush should be planned at least 10 feet beyond the edge of the excavation limit. Most often the brush will be piled and burned at the site or scattered nearby.

If at all possible, all topsoil and overburden should be stockpiled and saved for eventual quarry site reclamation. These piles may need to be stabilized by mulching or seeding to minimize erosion during the winter months.

As a standard procedure, the excavation of the quarry floor should be designed with an outslope of approximately two percent to provide for adequate drainage of the floor. Compliance with this design should be made a requirement of all operators at the site.