Protecting Oregon's Environment
Oregon State Seal
 Oregon Department of Environmental Quality

Water Quality

Water Quality Permit Program

Sign up to receive e-mail alerts on mining permits

 WQ Info Guides:
by alphabet
by category

Water Quality Permit Program - Metal Mining Activities

DEQs fact sheet about Water Quality Permits for Metal Mining Activities describes all water quality permits required for metal mining/prospecting and ore processing operations that discharge wastewater to the land and state waters. This fact sheet also provides contact information for related mining authorities because DEQ requires permittees to comply with requirements of local, state, and federal agencies in Oregon.

In the following sections, DEQ has additional information and hyperlinks to Internet web pages of water quality permits and applications required for metal mining in Oregon.

Permitting procedures and fees for DEQs water quality permits are listed in Oregon Administrative Rule (OAR) 340-045.  Fees for the suction dredges are in ORS 468B.052

Small Suction Dredges and In-Water, Non-Motorized Mining Activities

DEQ's 700-PM general permit applies to small suction dredges and in-water non-motorized mining equipment (i.e., hand sluice, rocker box) that recover precious metals or minerals from stream-bottom sediments. Only suction dredge operators must register for this reissued permit and submit an application and fee.

The NPDES 700-PM permit is valid statewide.  However, the location of the main mineral claim or area to be mined is required for the NPDES 700-PM permit application and monitoring record.  Township, range, and section for the main mining location can be found on USGS and BLM maps and DEQ's Internet tools which include an example with instructions.

Operators of in-water non-motorized mining equipment (like hand sluice box and rocker box) do not need to apply for coverage or pay the fee, but operators must follow applicable parts of the reissued 700-PM permit, including not using equipment where fish eggs are present.

DEQ references supplemental documents for conditions to protect water quality and beneficial uses in the NPDES 700-PM permit.  Persons assigned to the NPDES 700-PM permit must not operate a suction dredge more than 16 horsepower or with an inside diameter intake nozzle greater than four inches in essential salmon habitat (ESH).  Suction dredging is allowed only during the in-water work schedule (Timing of In-Water Work to Protect Fish and Wildlife Resources) as set by the Oregon Department of Fish and Wildlife, unless DFW has given expressed written authorization.  Suction dredging is not allowed in state scenic waterways.  No wastewater discharges are allowed where the visible turbidity plume impacts the intake of a drinking water source from any placer mining operation.  Measures must be taken to prevent the spreading of invasive species.

With the exceptions given in Special Condition 19 of Schedule C in the NPDES 700-PM permit, suction dredging is prohibited on any stream segment that is listed as water quality limited for sediment, turbidity, or toxics on the list published by Department of Environmental Quality pursuant to OAR 340-041-0046. DEQ provides a table of the 303(d) Listed Streams and TMDL-Approved Streams for suction dredging.

Mining must not cause any measureable increase in turbidity in the Diamond Peak, Kalmiopsis, Eagle Cap, Gearheart Mountain, Mount Hood, Mount Jefferson, Mount Washington, Mountain Lakes, Oregon Islands, Strawberry Mountain, Three Arch Rocks, and Three Sisters Wilderness areas.  Measureable increase in turbidity is measured as visible turbidity.

Operators of dredges who are ineligible for coverage under this NPDES 700-PM permit may apply for an individual NPDES Permit (see next section).

You may also need a general authorization or removal-fill permit from the Oregon Department of State Lands (DSL) in addition to DEQ's NPDES 700-PM permit. DSL's Recreational & Small-scale Placer Mining web page has both permitting and Essential Salmon Habitat and Scenic Waterways information.

Policy Clarifications for DEQ's 700-PM Suction Dredge Mining Permit - NEW

Placer Mining on Tribal Lands

Assignment of 700PM general permit coverage does not authorize discharges to surface waters from suction dredge mining operations on tribal lands. The State of Oregon does not have jurisdiction to regulate surface water discharges on tribal lands; that authority lies with either the tribe or the U. S. Environmental Protection Agency.

In addition, assignment under the 700PM general permit does not authorize discharges from mining operations into waterways that constitute a boundary of a tribal reservation. Mining in these waters would require an individual discharge permit from DEQ to ensure that tribal water quality standards are protected.

Placer Mining on Federal Lands

Mining activities on federal lands need to be conducted in compliance with the DEQ permit and with any additional terms or conditions established by a federal agency. Before undertaking mining activities on federal lands in Oregon, miners should contact the appropriate federal district office to see if there are any restrictions or conditions with regard to mining activities or access to areas where mining will take place. Requirements may differ from one district to another.

U.S. Forest Service (Region 6): Call the district ranger for the national forest where you want to mine or see http://www.fs.fed.us/geology/

U.S. Bureau of Land Management: See http://www.blm.gov/or/programs/minerals/ or call 503- 808-6008

NPDES 700-PM General Permit (Reissued July 30, 2010):

Reference Materials for 700-PM Application and General Permit:

March Permit Renewal Meeting in Medford

DEQ held its first meeting to seek input on the renewal of the National Pollutant Discharge Elimination System (NPDES) general water quality discharge permit for small suction dredge operations and in-water, non-motorized mining. The permit expires December 31, 2014. The meeting was held in the large conference room at the Medford branch of the Jackson County Public Library at 205 South Central Ave., Medford on Thursday, March 7, 2013 at 6:30 p.m. Please see the attached invitation for more details about discussion topics and future meetings.

Audio from the March 7, 2013 meeting:

A representative from the California Department of Fish and Wildlife provided an update on the suction dredge mining moratorium in California. More details on California’s Draft Subsequent Environmental Impact Report (DSEIR) including Appendix D, Literature Review and Final Subsequent Environmental Impact Report (FSEIR) are available by accessing their web site below.

Suction Dredge Permitting Program - California Department of Fish and Wildlife

Other Mining Discharges: Individual NPDES Permit

DEQ requires an individual NPDES permit for metal mining activities with wastewater discharges to Oregon waters that do not qualify for a NPDES 700-PM permit. An individual NPDES permit is required for high bank machines or other metal mining activities which are located on the bank or upland and discharge to a stream or groundwater. Large suction dredges (powered or siphon/gravity) or mining activities using chemical agents (e.g., cyanide, flocculants) require an individual NPDES permit to discharge to state waters.

This individual permit only applies to a specific operation and location or mining claim.

New individual NPDES permit application forms and fees:

  • OAR 340-075-0075 Permit Fee Schedule - Table 70A for application fee ($9,445 to $46,936) and Type B11-B12 of Table 70B for annual fees ($1,536-$16,412) due with application submittal);This permit copy is provided for reference purposes only. An application must be submitted to the Oregon DEQ for coverage under WPCF 600 General Permit. Applicants will receive a signed copy of the permit after processing the application.
  • ORS 468B.052 ($300) for suction dredges with an inside hose diameter of greater than 6 inches, but not more than 8 inches.
  • Land Use Compatibility Statement (LUCS) signed by the local land use authority;
  • EPA Form 1; and
  • EPA Form 2D for new industrial process wastewater or any mixture of process wastewater, non process wastewater and/or stormwater.

Existing individual NPDES permit renewal forms and fees:

Small Off-Stream Mining and Ore Processing: General WPCF 600 Permit

DEQs general Water Pollution Control Facilities (WPCF) 600 permit covers sources of small-scale mining operations and non-chemical ore-processing methods with disposal of wastewater by evaporation and/or seepage (operations must be off-stream above ordinary high water level, and discharge to Oregon waters is prohibited).

WPCF 600 Application Form and Permit:

  • WPCF 600 Application Form
  • WPCF 600 Permit - This permit copy is provided for reference purposes only.  An Application must be submitted to the Oregon DEQ for coverage under WPCF 600 General Permit.  Applicants will receive a signed copy of the permit after processing the application.

Large Off-Stream Mining and Ore Processing: Individual WPCF Permit

DEQ requires an individual WPCF permit for wastewater management if an owner or operator proposes a metal mining activity that processes more than 10,000 cubic yards of ore per year with no discharge to Oregon waters.

This individual permit only applies to a specific operation and location or mining claim.

New individual WPCF permit application forms and fees:

  • OAR 340-075-0075 Permit Fee Schedule - Table 70A for application fee ($9,445-$46,936) and Type B11-B12 of Table 70B for annual fees ($1,353-$15,232) due with application submittal);
  • LUCS signed by the local land use authority; and
  • DEQ WPCF-N for new industrial wastewater management with no discharge to state waters.

Existing WPCF permit renewal form and fee:

Stormwater Permitting Considerations

The metal mining activity owner or operator may need to also register for coverage under additional general stormwater discharge permits.

For off-stream activities, miners often utilize all local water resources including stormwater to fill off-stream ponds (engineered impoundments, excavated pits, or natural land depressions) to operate the high bank machine, trommel, or powered sluice box. Stormwater may be diverted away from mining activities to prevent contact or minimize the volume of contaminated stormwater to manage. Stormwater contacting any mining activity must be managed on site (seepage and evaporation) or an industrial stormwater discharge permit is required.

Program topics and current news is provided on the NPDES Stormwater Discharge Permits web page.

Industrial Stormwater General NPDES 1200-Z Permit: DEQ requires an application for the general NPDES 1200-Z permit for potential industrial stormwater discharges to Oregon waters from Standard Industrial Classification Code 10 (SIC 10) metal mining operations if the stormwater will contact mining materials and/or waste (such as overburden, raw material, intermediate product or waste products). DEQ requires a stormwater pollution prevention and control plan with applications for general NPDES 1200-Z permit coverage.

For information, forms, and the general permit for industrial stormwater discharges, please visit DEQ's NPDES Stormwater Discharge Permits Industrial Activities web page.

Construction Stormwater General NPDES 1200-C Permit: DEQ requires a general NPDES 1200-C permit application for potential stormwater discharges from construction activities that will disturb one or more acres with potential stormwater runoff to Oregon waters or conveyance systems (such as a catch basin, storm drain, ditch, pipe, culvert, etc.) leading to state surface waters. Construction activities include clearing, grading, excavation and stockpiling. DEQ also requires an erosion and sediment control plan with the general NPDES 1200-C permit application.

For information, forms, and the general permit for construction stormwater discharges, please visit DEQ's NPDES Stormwater Discharge Permits Construction Activities web page.

[Small Suction Dredges/General NPDES]   [Other Prospecting/Mining Discharges]   [Small Off-Stream Mining]   [Large Off-Stream Mining]   [Stormwater Permitting]

 
[print version]

Oregon Department of Environmental Quality
Headquarters: 811 SW Sixth Ave., Portland, OR 97204-1390
Phone: 503-229-5696 or toll free in Oregon 1-800-452-4011
Oregon Telecommunications Relay Service: 1-800-735-2900  FAX: 503-229-6124

The Oregon Department of Environmental Quality is a regulatory agency authorized to protect Oregon's environment by
the State of Oregon and the Environmental Protection Agency.

DEQ Web site privacy notice