Current through Register Vol. 63, No. 9, September 1, 2024
(1) A properly located, designed, and
constructed road greatly reduces potential impacts to water quality, forest
productivity, fish, and wildlife habitat. To prevent improperly located,
designed, or constructed roads, a written plan is required in the sections
listed below.
(2) In addition to
the requirements of the water protection rules, operators must submit a written
plan to the State Forester before:
(a)
Constructing a road where there is an apparent risk of road-generated materials
entering waters of the state from direct placement, rolling, falling, blasting,
landslide, or debris flow;
(b)
Conducting machine activity in Type F, Type SSBT, Type D streams, Type N
streams, lakes, or significant wetlands;
(c) Constructing roads in riparian management
areas;
(d) Constructing or
reconstructing any water crossing, in all typed waters and lakes, bays, ponds,
impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes,
wetlands, inlets, and canals, as described in OAR 629-625-0320 Water Crossing
Structures; or
(e) Constructing
roads in critical locations, as described in OAR 629-625-0200(3): Road
Location.
(3) Operators
shall submit a written plan to the State Forester before constructing roads on
high landslide hazard locations. Operators and the State Forester shall share
responsibility to identify high landslide hazard locations and to determine if
there is public safety exposure from shallow, rapidly moving landslides using
methods described in OAR 629-623-0000 through 0300. If there is public safety
exposure, then the practices described in OAR 629-623-0400 through 0800 shall
also apply.
(4) In addition to the
requirements of the water protection rules, operators shall submit a written
plan to the State Forester before placing woody debris or boulders in stream
channels for stream enhancement.
(5) In addition to the written plan
requirements of OAR 629-605-0170(12) and (13), the operator shall include an
assessment of the following factors in their written plan for all water
crossings as described by OAR 629-625-0320:
(a) Operator transportation needs, road
location, road management objectives, and land ownership;
(b) The specific resources that may be
impacted by construction or reconstruction of the water crossing, including
aquatic species, habitats, and conditions; floodplain values, terrestrial
species, and water uses;
(c) The
specific risk factors at the watershed-scale, including geologic or geomorphic
hazards, event history, past and projected land management, crossing
maintenance history, regional channel stability, and projected watershed
conditions over the life of the crossing structure;
(d) The specific risk factors at the site
scale, including channel stability, potential for blockage by debris,
floodplain constriction, large elevation changes across infrastructure, channel
sensitivity to change, consequences of site failure to resources, and potential
stream geomorphic changes over the life of the crossing structure;
(e) The specific techniques and methods
employed for resource protection; and
(f) Additional information relevant to the
proposed crossing structure as determined by the State
Forester.
(6) Regarding
water crossing structures for fills over 15 feet, if the conditions outlined in
OAR 629-625-0320(1)(b)(B) are met operators shall submit a written plan to the
State Forester.
(7) In addition to
the written plan requirements in OAR 629-605-0170(12) and (13), written plans
for Type F and Type SSBT streams shall include the following:
(a) Stream name;
(b) Stream size;
(c) Stream type;
(d) Stream basin;
(e) Watershed tributary area;
(f) Calculated 100-year peak flow, developed
consistent with Forest Practices Technical Guidance under OAR
629-625-0300(3)(a);
(g) Measured
stream gradient;
(h) Bankfull
channel width;
(i) Structure
location;
(j) Structure
type;
(k) Structure size, including
but not limited to culvert diameter, rise, span, length, and bridge
width;
(l) Planned culvert grade or
elevation change;
(m) Planned
culvert embedment depth range;
(n)
Planned culvert embedment material;
(o) Calculated structure flow
capacity;
(p) Bridge freeboard, as
applicable;
(q) Road name or
number;
(r) Road surface
type;
(s) Drainage plan;
(t) Installation time frame;
(u) Equipment access;
(v) Stream isolation method, including but
not limited to stream diversions, bypasses, pumping; and
(w) Expected riparian management area tree
removal.
Statutory/Other Authority: ORS
527.710(2)
& Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS
527.630(3),
527.765,
527.714 & Section 2(2),
Chapter 33, Oregon Laws 2022
