Or. Admin. Code § 629-605-0170 - Written Plans
(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.
Notes
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
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