(1) For purposes
of determining the vegetation retention area and streamside retention
requirements for a small Type Np stream that flows into a Type F or Type SSBT
stream, the operator must, depending on the circumstance, retain trees based on
distances relative to:
(c) A location established
pursuant to an operational field survey according to (6) in this
rule.
(2) The operator
shall apply the tree retention requirements based on the stream's location
(Western Oregon or Eastern Oregon) and fish use classification (Type F or Type
SSBT) immediately downstream from the small Type Np stream, as shown in Tables
1 through 4 for small Type Np streams.
Table 1. Western Oregon Standard Practice Vegetation
Retention Riparian Management Area Distances
|
Stream Type
|
Large
|
Medium
|
Small
|
Upstream
distance
|
|
Type F or Type SSBT
|
110 feet
|
110 feet
|
100 feet
|
N/A
|
|
Type N
|
75 feet
|
75 feet
|
See Type Np
|
N/A
|
|
Type Np, into Type
SSBT
|
|
|
75 & 50
|
75 feet for 500, then 50 feet for 650 feet. RH
Max = 1,150 feet
|
|
Type Np, into Type
F
|
|
|
75 feet
|
RH Max = 600 feet
|
|
Type D
|
75 feet
|
75 feet
|
75 or 20
feet1
|
See OAR
629-643-0150
|
1 20 feet outside of Type Np
vegetation retention requirements
Table 2: Eastern Oregon Standard Practice Vegetation
Retention Riparian Management Area Distances
|
|
Large
|
Medium
|
Small
|
Upstream
distance1
|
|
Inner
|
Outer
2
|
Inner
|
Outer
2
|
Inner
|
Outer
2
|
|
|
Type F or SSBT
|
30
|
70
|
30
|
70
|
30
|
45
|
-
|
|
Type N
|
30
|
45
|
30
|
45
|
-
|
-
|
-
|
|
Type Np,
Terminal
|
|
|
|
|
30
|
30
|
RH Max = 500 feet
|
|
Type Np,
Lateral
|
|
|
|
|
30
|
N/A
|
RH Max = 250 feet
|
|
Type D
|
30
|
-
|
30
|
-
|
30 or 20
feet3
|
-
|
See OAR
629-643-0150
|
1 Upstream distance from either Type
F or Type SSBT
2 Outer Zone shall retain 60 square
feet of basal area per acre; apply OAR
629-643-0120
3 20 feet outside of Type Np
vegetation retention requirements
Table 3: Western Oregon Small Forestland Owner Minimum
Option Vegetation Retention Riparian Management Area Distances
|
|
Large
|
Medium
|
Small
|
Upstream
distance
|
|
Type SSBT
|
100 feet
|
80 feet
|
60 feet
|
N/A
|
|
Type F
|
100 feet
|
70 feet
|
50 feet
|
N/A
|
|
Type N
|
70 feet
|
50 feet
|
See Type Np
|
|
|
Type Np, into Type
SSBT
|
|
|
35
|
RH Max = 1,150 feet
|
|
Type Np, into Type
F
|
|
|
35
|
RH Max = 600 feet
|
|
Type D
|
75 feet
|
75 feet
|
35 or 20
feet1
|
See OAR
629-643-0150
|
1 Upstream distance from either Type
F or Type SSBT
2 20 feet outside of Type Np
vegetation retention requirements
Table 4: Eastern Oregon Small Forestland Owner Minimum
Option Vegetation Retention Riparian Management Area Distances
|
|
Large
|
Medium
|
Small
|
Upstream
distance1
|
|
Inner
|
Outer
2
|
Inner
|
Outer
2
|
Inner
|
Outer
2
|
|
|
Type F or Type SSBT
|
30
|
70
|
30
|
50
|
30
|
30
|
N/A
|
|
Type N
|
30
|
45
|
30
|
30
|
-
|
-
|
|
|
Type Np, Terminal
|
-
|
-
|
-
|
-
|
20
|
20
|
RH Max = 500 feet
|
|
Type Np, Lateral
|
-
|
-
|
-
|
-
|
20
|
N/A
|
250 feet
|
|
Type D
|
30
|
|
30
|
|
20
|
|
See OAR
629-643-0150
|
1 Upstream distance from either Type
F or Type SSBT
2 Outer Zone shall retain 60 square
feet of basal area per acre; apply OAR
629-643-0120
(3) If the operator uses the standard
practice, the operator shall use small Type Np tree retention area distances
for width and the RH max as described in Tables 1 and 2. If a small forestland
owner uses the small forestland owner minimum option, the small forestland
owner shall use the small Type Np tree retention area distances for width and
RH max described in Tables 3 and 4. The following requirements are considered
the standard practice for small Type Np streams. For small forestland owners,
operational field survey and tree retention requirements are available in OAR
in
629-643-0143.
(4) If the Department of Fish and Wildlife
has established a verified end pursuant to a model verification field survey,
then:
(a) The applicable tree retention area
for small Type Np streams shall begin at the confluence of the fish use stream
and extend upstream to the shorter of:
(A)
The verified end, in which case the operator shall extend the tree retention
area using a radius equal to the width of the retention area; or
(B) The RH max, in which case the end of the
tree retention area shall be perpendicular to the stream
channel.
(b) An R-ELZ
shall extend between the RH max and the verified end, when the verified end is
upstream of the RH max.
(c) An ELZ
shall extend upstream to the remainder of the Type N
channel.
(5) If the
Department of Fish and Wildlife has not established a verified end pursuant to
field survey, then the operator shall determine the extent of vegetation
retained relative to either a modeled end, or pursuant to an operational field
survey.
(a) If the operator uses a modeled
end:
(A) The applicable tree retention area
for small Type Np streams shall begin at the confluence of the fish use stream
and extend upstream to the shorter of:
(i)
The modeled end, in which case the operator shall extend the tree retention
area using a radius equal to the width of the retention area; or
(ii) The RH max, in which case the end of the
tree retention area shall be perpendicular to the stream channel.
(B) An R-ELZ shall extend between
the RH max and the modeled end, when the modeled end is upstream of the RH
max.
(C) An ELZ shall extend
upstream to the remainder of the Type N channel.
(b) If the operator uses an operational field
survey, as described in this rule and OAR
629-635-0200(18):
(A) The applicable tree retention area for
small Type Np streams shall begin at the confluence of the fish use stream and
extend upstream to the shorter of:
(i) The
upstream end of the most upstream flow feature within the area of inquiry, in
which case the operator shall extend the tree retention area using a radius
equal to the width of the retention area; or
(ii) The RH max, in which case the upstream
end of the tree retention area shall be perpendicular to the stream
channel.
(B) An R-ELZ
shall extend from the RH Max to the most upstream flow feature within the area
of inquiry, when such flow feature is upstream of the RH max.
(C) If flowing water too short to be
considered a flow feature is encountered upstream of the most upstream flow
feature, and both are within the area of inquiry but downstream of the RH max,
the operator shall:
(i) Retain all trees
within 50 feet of the flowing water; and
(ii) Extend an R-ELZ from the upstream end of
the most upstream flow feature within the area of inquiry to the downstream end
of the tree retention area described in Section 5(b)(C)(i).
(D) Notwithstanding any other
requirement, the operator shall extend an ELZ upstream of the tree retention
area or the R-ELZ, if any, for the remainder of the Type N channel as described
in this rule.
(6) All operational field surveys conducted
pursuant to Section 5(b) above and 7 below must comply with the following:
(a) During Phase 1, as described in OAR
629-635-0200(18)(a),
an operator may conduct an operational field survey without advance
notification to the Department of Fish and Wildlife, and the department shall
allow a lower level of map precision for surveyed points, provided that any
survey that uses a lower level of map precision will not be included in the
department's reporting and notification system as described in (6)(d)
below.
(b) Unless the survey is
submitted pursuant to (6)(a) above, an operator must notify the Department of
Fish and Wildlife in advance of conducting an operational field survey. The
operator may notify the Department of Fish and Wildlife at any time prior to
conducting the survey, including immediately prior, but no more than two years
in advance. Once an operator has notified the Department of Fish and Wildlife
of its intent to conduct a survey pursuant to this subsection (6)(b), any
notification of operation submitted to the department's reporting and
notification system for the surveyed area must include either:
(A) The completed survey, or
(B) A certification that the landowner did
not initiate the survey.
(c) The State Forester, in consultation with
Department of Fish and Wildlife, shall review all operational field surveys
submitted pursuant to (6)(a) and (6)(b) above. Unless disapproved by the
Department of Fish and Wildlife within 21 days following submission to the
department, the field survey will define the relevant attributes of the layout
described in Section 5(b) above and 7 below.
(d) Unless disapproved by the Department of
Fish and Wildlife or submitted pursuant to (6)(a), the State Forester shall add
the location and extent of the most upstream flow feature from an operational
field survey to the department's reporting and notification system. Operators
may rely upon and operate pursuant to prior operational field surveys recorded
in the department's reporting and notification system.
(e) In coordination with Department of Fish
and Wildlife, the State Forester shall provide an expeditious process for
resolution of disapproved surveys.
(f) Once phase 2 flow modeling is complete,
as described in
629-635-0200(18)(b),
operational field surveys as described in 5(b) above or 7 below to determine
the applicable tree retention area for small Type Np streams shall be
constrained as follows:
(A) When an operator
completes a survey during a drought year, as defined by the Department of Fish
and Wildlife for the purpose of operational field surveys, the most upstream
flow feature within the area of inquiry shall be the longer of:
(i) The modeled end, or
(ii) The uppermost flow feature within the
area of inquiry.
(B) When
an operator conducts a survey during an abnormally wet year, as defined by the
Department of Fish and Wildlife for the purpose of operational field surveys,
the area of inquiry shall stop at the modeled end.
(g) All operational field surveys must adhere
to Department of Fish and Wildlife protocols for operational field
surveys.
(h) The department shall
publish Forest Practices Technical Guidance to assist operators with layout
pursuant to operational field surveys.
(7) If an operator does not have the legal
right to survey an entire area of inquiry due to the location of one or more
property boundaries, the operator may conduct an operational field survey to
determine small Type Np stream vegetation retention requirements as follows:
(a) If access to the neighboring property is
available to the operator, the operator may complete a survey of the entire
area of inquiry and complete layout as described in Section (5)(b).
(b) If the operation will take place on
property downstream of the ownership boundary and the area of inquiry crosses
the property boundary, the operator shall survey the portion of the area of
inquiry legally accessible to the operator, and the extent of vegetation
retention requirements shall adhere to the following:
(A) Where the department's reporting and
notification system evidences a flow feature on the neighboring property
upstream but still within the area of inquiry, then the tree retention area
will begin at the confluence with a fish use stream and extend to the shorter
of:
(i) The RH max, in which case the upstream
end of the retention area shall be perpendicular to the stream channel;
or
(ii) The property
line.
(B) Where the
department's reporting and notification evidences no flow feature upstream on
the neighboring property upstream but still within the area of inquiry, then
the applicable tree retention area for small Type Np streams shall begin at the
confluence of the fish use stream and extend upstream to the shorter of:
(i) The RH max, in which case the upstream
end of the retention area shall be perpendicular to the stream channel;
or
(ii) The most upstream flow
feature within the area surveyed by the operator, in which case the operator
shall extend the tree retention area using a radius equal to the width of the
retention area.
(C) An
R-ELZ shall extend from the end of the tree retention area identified in (A)
and (B) to the property boundary.
(D) If flowing water that is too short to be
considered a flow feature is encountered within the area surveyed and upstream
of the most upstream flow feature but downstream of the RH max the operator
shall retain all trees within 50 feet of the flowing water.
(c) If the operation will take
place on property upstream of an ownership boundary bisecting an area of
inquiry, the operator shall presume that a flow feature ends immediately
downstream of the ownership boundary, shall use map distances to determine the
distance between the confluence and the property boundary, and the remainder of
the vegetation retention requirements for the small Type Np stream shall be
laid out in in accordance with Section 5(b) above. In Phase 1, the area of
inquiry for such an operation shall begin at the property ownership
boundary.
