Current through Register Vol. 63, No. 9, September 1, 2024
(1) Definition of
"Directly Affect" and "Physical Components" For the purpose of section (4) of
this rule:
(a) "Physical components" means
materials such as, but not limited to, vegetation, snags, rocks and soil;
and
(b) "Directly affect" means
that physical components will be moved, disturbed, or otherwise altered by the
operation.
(2) Statutory
Written Plans for Operations near Type F, Type SSBT and Type D Streams. An
operator must submit to the State Forester a written plan as required by ORS
527.670(3)
before conducting an operation that requires notification under OAR
629-605-0140, and that is within 100 feet of a Type F, Type SSBT or Type D
stream.
(3) Statutory Written Plans
for Operations near Wetlands larger than Eight Acres, Bogs or Important Springs
in Eastern Oregon. An operator must submit to the State Forester a written plan
as required by ORS 527.670(3)
before conducting an operation that requires notification under OAR
629-605-0140, and that is within 100 feet of a significant wetland that is a
wetland larger than eight acres (not an estuary), a bog, or an important spring
in Eastern Oregon as identified in 629-645-0000 (Riparian Management Areas and
Protection Measures for Significant Wetlands).
(4) Waiver of Statutory Written Plans. The
State Forester may waive, in writing, the requirement for a written plan
described in sections (2) and (3) unless the operation activity will directly
affect the physical components of the riparian management area for Type F, Type
SSBT, Type D streams or significant wetlands. The department shall publish
Forest Practices Technical Guidance to explain how to implement this
rule.
(5) Statutory Written Plans
for Operations near Wildlife Sites and Estuaries. An operator must submit to
the State Forester a written plan as required by ORS
527.670(3)
before conducting an operation that requires notification under OAR
629-605-0140, and that is within 300 feet of any:
(a) Specific site involving threatened or
endangered wildlife species, or sensitive bird nesting, roosting, or watering
sites; as listed by approximate legal description, in a document published by
the Department of Forestry titled "Cooperative Agreement Between the Board of
Forestry and the Fish and Wildlife Commission, March 28, 1984."
(b) Resource site identified in OAR
629-665-0100 (Species Using Sensitive Bird Nesting, Roosting and Watering
Sites), 629-665-0200 (Resource Sites Used By Threatened and Endangered
Species).
(c) Significant wetland
that is classified as an estuary identified in OAR 629-645-0000 (Riparian
Management Areas and Protection Measures for Significant Wetlands).
(d) Nesting or roosting site of threatened or
endangered species listed by the U.S. Fish and Wildlife Service or by the
Oregon Fish and Wildlife Commission by administrative rule.
(6) Statutory Written Plans and Stewardship
Agreements. The written plan requirements in section (2), (3) and (5) of this
rule do not apply to operations that will be conducted pursuant to a
stewardship agreement entered into under ORS
541.973.
(7) Statutory Written Plan Requirements and
Notification of Protected Resource Sites. The State Forester shall notify the
operator of the presence of any site listed in section (2), (3) or (5) of this
rule at any time the State Forester determines the presence of those
sites.
(8) The State Forester shall
notify the operator that a written plan is required if:
(a) The operation will be within 100 feet of
any sites listed in sections (2) or (3) of this rule and the operation will
directly affect the physical components of a riparian management area
associated with any of those sites; or
(b) The operation will be within 300 feet of
any site listed in section (5) of this rule.
(9) Statutory Written Plan Hearing
Provisions. Written plans required under sections (2), (3) or (5) of this rule
shall be subject to the hearings provisions of ORS
527.700 (Appeals from orders of
State Forester hearings procedure; stay of operation); and shall be subject to
the provisions of 527.670(8) through (12) (Commencement of operations; when
notice and written plan required; appeal of plan) prescribing certain waiting
periods and procedures.
(10)
Non-Statutory Written Plans.
(a) An operator
must submit a written plan as required by ORS
527.670(2) and
the rules listed below unless the State Forester waives the written plan
requirement. Written plans required by the rules listed below are not subject
to the provisions of ORS
527.700(3) or
ORS 527.670(10), (11) and
(12).
(A)
629-605-0190(1) - Operating near or within sites that are listed in the
"Cooperative Agreement Between the Board of Forestry and the Fish and Wildlife
Commission, March 28, 1984" or sites designated by the State
Forester;
(B)
629-605-0190(2) -
Operating near or within habitat sites of any wildlife or aquatic species
classified by the Department of Fish and Wildlife as threatened or
endangered;
(C)
629-623-0700(1) -
Conducting timber harvesting or road construction operations with intermediate
or substantial downslope public safety risk;
(D)
629-623-0700(2) - Constructing a stream
crossing fill over a debris torrent-prone stream with intermediate or
substantial downslope public safety risk;
(E)
629-623-0700(3) - Locating a waste-fill
area within a drainage containing debris torrent-prone streams with
intermediate or substantial downslope public safety risk;
(F)
629-630-0700(3)(d) Cable yarding across
streams classified as medium or large Type Np;
(G)
629-630-0915(2) Harvesting timber where
yarding will occur within stream adjacent failures identified upslope of the
Type F or Type SSBT stream riparian management area.
(H)
629-630-0920(8) Harvesting timber where
yarding will occur within stream adjacent failures identified upslope of the
Type F or Type SSBT stream riparian management area.
(I)
629-650-0005 - Operating within 100 feet
of a large lake;
(J)
629-665-0020(2) - Operating near a resource site requiring special protection;
and
(K)
629-665-0210(1) - Operating
near a Northern Spotted Owl resource site.
(b) An operator must submit a written plan as
required by ORS 527.670(2) and
the rules listed below and the State Forester shall not waive the written plan
requirement. Written plans required by the rules listed below are not subject
to the provisions of ORS
527.700(3) or
ORS 527.670(10), (11) and
(12).
(A)
629-625-0100(2)(a) - Activities creating risks identified in 629-625-0100(2)(a)
outside of 100 feet of Type F, Type SSBT, Type D streams and Significant
Wetlands or creating risks identified in 629-625-0100(2)(a) to other Waters of
the State;
(B)
629-625-0100(2) -
Conducting machine activity in Type N streams or lakes;
(C)
629-625-0100(2)(c) - Constructing roads
in RMA of Type N streams or lakes;
(D)
629-625-0100(2)(d) - Constructing or
reconstructing any crossings of Waters of the State excluding Type F, Type
SSBT, or Type D streams or Significant Wetlands;
(E)
629-625-0100(2)(e) - Activities in a
critical location outside of 100 feet of Type F, Type SSBT, Type D streams, or
Significant Wetlands;
(F)
629-625-0100(4) - Placing woody debris or boulders in Type N stream channels
for stream enhancement;
(G)
629-625-0320(1)(b)(B) - Constructing or reconstructing any water crossing with
fill over 15 feet deep in any Type N stream, wetland that does not meet the
definition of significant wetland, lakes, bays, ponds, impounding reservoirs,
springs, rivers, streams, creeks, estuaries, marshes, inlets, or
canals;
(H)
629-625-0410(5) -
Temporary placement of fill within the RMA of any Type N stream, wetland that
does not meet the definition of Significant Wetland, lakes, bays, ponds,
impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes,
inlets, or canals;
(I)
629-630-0905(4) - Harvesting timber in a unit that contains designated debris
flow traversal areas;
(J)
629-630-0910(6) - Harvesting timber in a unit that contains designated sediment
source areas and slope retention areas; and
(K)
629-630-0920(4) - Harvesting timber in a
unit that contains designated debris flow traversal
areas.
(11) If
an operator, timber owner or landowner is required to submit a written plan to
the State Forester under section (10) of this rule:
(a) The State Forester shall review the
written plan and may provide comments to the person who submitted the written
plan;
(b) Provided that notice has
been given as required by ORS
527.670 and OAR 629-605-0150,
the operation may commence on the date the State Forester provides comments. If
no comments are provided the operation may commence at any time after 14
calendar days following the date the written plan was received;
(c) Comments provided by the State Forester
under subsection (a) of this section, to the person who submitted the written
plan are for the sole purpose of providing advice to the operator, timber owner
or landowner regarding whether the operation described in the written plan is
likely to comply with ORS
527.610 to
527.770 and rules adopted
thereunder. Comments provided by the State Forester do not constitute an
approval of the written plan or operation;
(d) If the State Forester does not comment on
a written plan, the failure to comment does not mean an operation carried out
in conformance with the written plan complies with ORS
527.610 to
527.770 or rules adopted
thereunder nor does the failure to comment constitute a rejection of the
written plan or operation;
(e) In
the event that the State Forester determines that an enforcement action may be
appropriate concerning the compliance of a particular operation with ORS
527.610 to
527.770 or rules adopted
thereunder, the State Forester shall consider, but is not bound by, comments
that the State Forester provided under this section.
(12) Written Plan Content. Written plans
required under OAR 629-605-0170 must contain a description of how the operation
is planned to be conducted in sufficient detail to allow the State Forester to
evaluate and comment on the likelihood that the operation will comply with the
Forest Practices Act or administrative rules.
(13) Written plans required under OAR
629-605-0170 will be considered received when complete with the following
information:
(a) A map showing protected
resource(s) and the harvest area; and
(b) The specific resource(s) that require
protection; and
(c) The practices
that may affect the protected resource(s) such as road and landing location,
disposal of waste materials, felling and bucking and post operation
stabilization measures; and
(d) The
specific techniques and methods employed for resource protection such as road
and landing design, road construction techniques, drainage systems, buffer
strips, yarding system and layout; and
(e) Additional written plan content required
in individual rules.
(14)
In addition to the other requirements in this rule, written plans for
operations within 100 feet of domestic water use portions of Type F, Type SSBT
or Type D streams must contain a description of the practices and methods that
will be used to prevent sediment from entering waters of the state.
(15) Modification of a written plan shall be
required when, based on information that was not available or was unknown at
the time the original written plan was reviewed, the State Forester determines
the written plan no longer addresses compliance with applicable forest practice
rules. Written plans with modifications required under this section shall not
be subject to the provisions of ORS
527.670(10) and
(11) relating to waiting periods for written
plans.
Statutory/Other Authority: ORS
527.710 & Section 2(1),
Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS
527.670 & Section 2(2),
Chapter 33, Oregon Laws 2022
