Section 5 Definitions
For the purposes of this Rule, the following terms shall have
the specified meaning:
5.1 "Active
Channel" means the limits of the streambed scour formed by prevailing stream
discharges, measured perpendicular to streamflow. The active channel is
narrower than the bankfull width (approximately 75%) and is defined by the
break in bank slope and typically extends to the edge of permanent
vegetation.
5.2 Agency" or "ANR"
means the Vermont Agency of Natural Resources.
5.3 "AMP" or "Acceptable Management Practices
for Maintaining Water Quality on Logging Jobs in Vermont" means rules adopted
under the authority of
10
V.S.A. §
2622(a) and
(b),
10 V.S.A. § 1259,
3
V.S.A. § 801 and
3
V.S.A. § 2853.
5.4 "Approaches
to Stream Crossings" means that length of a truck road or skid trail associated
with stream crossings that traverse through the forest buffer.
5.5 "At-Grade Ford" means a stream crossing
on a truck road or, where no appropriate alternative exists, a skid trail, that
is constructed perpendicular to the stream channel with approaches being
properly stabilized with clean stone fill, and there is no change in existing
stream channel cross-section and bed elevation except for minor bank grading at
the point of the crossing.
5.6
"Broad-based Dip" means a drainage structure, usually used on truck roads where
grades are less than or equal to 8 percent, that diverts the surface water
runoff into a filter area.
5.7
"Brushed-in Crossing" means a temporary method of crossing intermittent streams
during logging operations when the ground is frozen. Brushed-in crossings are
constructed by placing logs in the bottom of the stream channel, parallel to
the stream channel, and then placing topwood (tree limbs and branches) over the
logs.
5.8 "Check Dam" means a small
barrier constructed in a drainage structure, its outlet or in a small gully or
other watercourse to decrease the water flow velocity, minimize channel scour
and promote deposition of sediment. A check dam creates a small sediment basin.
Check dams may be constructed of hay bales or other stable and semi-porous
material.
5.9 "Continuous Forest
Cover" means maintaining a minimum of 60 to 70 percent crown cover or B-level
stocking as recommended in the U.S. Forest Service silvicultural
guides.
5.10 "Drainage Ditch" means
a ditch constructed along a truck road, skid trail or log landing to collect
the surface water runoff and divert it into a filter area.
5.11 "Drainage Structure" means a device,
structure or method that diverts the surface water runoff from an impervious
surface such as a truck road, skid trail or log landing into a drainage ditch
or filter area.
5.12 "Filter Area"
means a vegetated area where surface water runoff is diverted and dispersed so
that sediment and other pollutants are trapped and retained. A filter area can
include or be within a forest buffer.
5.13 "Forest Buffer" means an area of
forested land adjacent to streams and other waters where forest management
practices are modified to protect water quality. The width of the forest buffer
shall be in accordance with Table 4.
5.14 "Forest Canopy" means a layer or
multiple layers of branches and foliage at the top or crown of a forest's
trees.
5.15 "Gully Erosion" means a
form of soil erosion where gullies of six inches deep or more are created by
surface water runoff.
5.16
"Hazardous Material" means any material determined by the Secretary to have an
unusually harmful effect on water quality if discharged to the waters of the
state. Hazardous substances associated with logging operations include but are
not limited to petroleum products, solvents and coolants.
5.17 "Intermittent Stream" means a stream
with a well-defined channel, evidence of sediment transport and which regularly
experiences periodic interruption of surface flow throughout its
length.
5.18 "Log Landing" means a
place where trees and logs are gathered and sorted in or near the forest during
a logging operation for further processing and transport to a mill or log yard
facility.
5.19 "Logging Equipment"
means equipment, implements, accessories, and contrivances used directly and
principally in the cutting or removal of timber or other solid wood forest
products. Logging equipment also includes equipment used to construct, maintain
or install infrastructure necessary to and associated with the logging
operation.
5.20 "Logging Slash"
means any residual tree material, whole or part, including leaves, needles,
bark, wood and root tissue, that is created as a result of a logging
operation.
5.21 "Ordinary
High-Water Mark" means that line on the shore established by the fluctuations
of water and indicated by physical characteristics such as a clear, natural
line impressed on the bank, shelving, changes in the character of soil,
destruction of terrestrial vegetation, or the presence of litter and
debris.
5.22 "Percent Grade/Percent
Slope" means a measurement of incline or decline expressed as a percentage and
as determined by dividing the length of vertical rise in elevation by the
length of horizontal distance. (Example: A 6% grade would be a 6-foot vertical
rise per 100 feet of horizontal distance: 6 + 100 =.06 or 6%)
5.23 "Perennial Stream" means a watercourse
or portion, segment or reach of a watercourse, generally exceeding 0.25 square
miles in watershed size, in which surface flows are not frequently or
consistently interrupted during normal seasonal low flow periods. Perennial
streams that begin flowing subsurface during low flow periods, due to natural
geologic conditions, remain defined as perennial. All other streams, or stream
segments of significant length, shall be termed intermittent. A perennial
stream shall not include the standing waters in wetlands, lakes, and
ponds.
5.24 "Permanent Stream
Crossing" means a bridge, culvert or at grade ford that is left in place after
logging is completed.
5.25
"Permanent Truck Road" means a road that remains in place at the conclusion of
a logging operation for continued long term access and is designed for
year-round use.
5.26 "Person" means
any landowner, logger, individual, partnership, company, corporation,
association, joint venture, trust, municipality, the state of Vermont or any
agency, department, or subdivision of the state, any federal agency, or any
other legal or commercial entity.
5.27 "Pole Ford" means a temporary method of
crossing intermittent or perennial streams using logs placed in and parallel to
the stream channel.
5.28 "Rut"
means a depression in the soils of the forest floor or depressions in dirt
roads or skid trails made from the passage of any vehicles or logging
equipment.
5.29 "Secretary" means
the Secretary of the Agency of Natural Resources or the Secretary's authorized
representative.
5.30 "Sediment"
means soil that has been eroded from the land surface and is transported and
deposited in streams or waters.
5.31 "Silt Barrier" means a temporary
sediment control device used to intercept and filter sediment from the surface
water runoff to protect water quality in nearby streams and other waters. Silt
Barriers include but are not limited to silt fence, compost filter socks, and
filter berms.
5.32 "Skid Trail"
means a cleared trail that is used by logging equipment during a logging
operation to transport harvested trees and logs to a log landing.
5.33 "Stable condition" shall mean when a
site is no longer eroding, and all AMPs are in place.
The likelihood of erosion recurring is negligible.
5.34 "Stream" means the full
length and width, including the bed and banks, of any watercourse, including
rivers, streams (intermittent and perennial streams), creeks, brooks, and
branches. "Stream" does not include ditches or other constructed channels
primarily associated with land drainage or water conveyance through or around
private or public infrastructure.
5.35 "Stream Channel" means an area that
contains continuously or periodic flowing water that is confined by banks and a
streambed.
5.36 "Streambank" means
the portion of a stream channel that restricts lateral movement of water at
normal water levels.
5.37 "Surface
Water Runoff" means precipitation and snowmelt that does not infiltrate into
the soil, including material dissolved or suspended in it.
5.38 "Temporary Stream Crossing Structure"
means a bridge, culvert, pole ford or brushed-in crossing that is temporarily
installed in or over a stream channel. Temporary stream crossing structures
shall be removed after logging is completed as soon as ground conditions are
stable or as specified in AMP 6.5.3, 6.5.4 and 6.6.1.
5.39 "Temporary Truck Road" means a
minimum-standard road designed for short-term use to access a logging
operation. Temporary roads must be closed out at the conclusion of
logging.
5.40 "Top-of-bank" means
the location up-slope from the scoured channel of a stream, or shoreline of
other waters, where an abrupt change of slope occurs.
5.41 "Truck Road" means a road that connects
a log landing to a public road system. A "truck road" may be designed,
constructed and maintained to provide either permanent or temporary
access.
5.42 "Turn-up" means a
method of construction of a downhill skid trail that diverts the surface water
runoff from ditches and road or trail surfaces into a filter area by turning
the skid trail up the hill a short distance then turning downhill
again.
5.43 "Waterbar" means a type
of drainage structure constructed across the width of a skid trail or truck
road that diverts the surface water runoff from ditches and road or trail
surfaces into a filter area.
5.44
"Waters" shall include all rivers, streams, creeks, brooks, reservoirs, ponds,
lakes, springs and all bodies of surface waters, artificial or natural, which
are contained within, flow through or border upon the state or any portion
thereof.
Section 6
Acceptable Management Practices
6.1 Truck
Roads -- Practices to be Applied During Logging
6.1.1 Permanent and temporary truck roads
shall not exceed 10 percent grade. Where no reasonable alternative exists,
steeper sections exceeding 10 percent grade are allowed but shall not exceed
300 feet in length and shall be the minimum number of sections, grades and
lengths necessary due to physical constraints, property boundaries and ground
conditions.
6.1.2 Drainage
structures on permanent and temporary truck roads shall be correctly installed
to divert the surface water runoff into road ditches or filter areas. Drainage
structures shall be spaced at intervals according to Table 1 where existing
soil, rock, ledge and roadbed conditions allow.
6.1.3 Water entering a permanent or temporary
truck road shall be moved under and away from the road and into a filter area.
Culverts used for ditch drainage on truck roads shall be at least 15 inches in
diameter, correctly installed to divert ditch water into a filter area and
spaced according to Table 1 where existing soil, rock, ledge and road bed
conditions allow.
6.1.4 Drainage
ditches along permanent and temporary truck roads shall not terminate directly
into streams or other waters. On approaches to stream crossings, ditches shall
be turned out into a filter area a minimum of 25 feet away from the top of
bank.
6.2 Truck Roads -
Practices to be Applied Immediately After Logging
6.2.1 Waterbars on temporary truck roads
shall be correctly installed to divert the surface water runoff into a filter
area and shall be spaced at intervals according to Table 1 where existing soil,
rock, ledge and road bed conditions allow.
6.3 Skid Trails - Practices to be Applied
During Logging
6.3.1 Skid trails shall not
exceed 20 percent grade. Where no reasonable alternative exists, steeper
sections exceeding 20 percent grade are allowed but should not exceed 300 feet
in length and shall be the minimum number of sections, grades and lengths
necessary due to physical constraints, property boundaries and ground
conditions.
6.3.2 Waterbars and
turn-ups shall be correctly installed on skid trails to divert the surface
water runoff into a filter area and shall be spaced at intervals according to
Table 1 where existing soil, rock, ledge and skid trail conditions
allow.
6.4 Skid Trails -
Practices to be Applied Immediately After Logging
6.4.1 Ruts on skid trails shall be smoothed
where soils, slopes, or depth and length of rutting, result in a likelihood of
gully erosion, erosion or concentrated flow of surface water. All ruts of any
depth shall be smoothed on approaches to stream crossings on skid trails within
the forest buffer.
6.4.2 Waterbars
on skid trails shall be correctly installed to divert the surface water runoff
into a filter area and shall be spaced at intervals according to Table 1 where
existing soil, rock, ledge and skid trail conditions allow.
6.5 Stream Crossings on Truck
Roads and Skid Trails -- Practices to be Applied During Logging
6.5.1 Streams and all waters shall be kept
free of logging slash and logging debris.
6.5.2 Stream crossings shall be made
perpendicular to the stream channel unless rock, ledge or other ground
conditions prevent a perpendicular crossing and no other feasible alternative
crossing exists. Stream crossings shall be located where the stream channel is
narrow and well defined, the banks are stable, and approaches are 10 percent
grade or less.
6.5.3 Stream
crossings on truck roads shall be over a bridge, culvert or by constructing an
at-grade ford. Culvert diameter shall be according to Table 2A, and bridge
structure opening shall be according to Table 2B. Temporary bridges shall span
the entire width of the stream channel. On truck roads, streams may be crossed
by using an at-grade ford only where streams have low banks, stable beds
(cobble or ledge) and stable, gradual approaches. Temporary stream crossing
structures on truck roads shall be removed after logging is completed as soon
as ground conditions are stable or within 18 months of installation, whichever
is sooner.
6.5.4 Stream crossings
on skid trails shall be over a bridge, culvert or pole ford. Brushed-in
crossings are allowed but only as temporary crossings on intermittent streams
and only when the ground is frozen. On skid trails, streams may be crossed by
using an at-grade ford only where streambeds and approaches to streams are
cobble or ledge and only if no other alternative exists. Culvert diameter shall
be according to Table 2A, and bridge structure opening shall be according to
Table 2B. Temporary bridges shall span the entire width of the stream channel.
Pole fords are allowed on skid trails where the streambed is gravel, cobble or
ledge. Temporary stream crossings that are brushed-in or that use pole fords
shall be removed after logging is completed as soon as ground conditions are
stable or within 12 months of installation, whichever is sooner. Temporary
culverts or bridges shall be removed after logging is completed as soon as
ground conditions are stable or within 18 months of installation, whichever is
sooner.
6.5.5 Permanent stream
crossings on perennial streams shall be in compliance with standards set forth
in the Vermont Agency of Natural Resources Stream Alteration Rule and General
Permit. Environmental Protection Rule, Chapter 27.
6.5.6 Logging equipment shall be kept out of
stream channels, except as necessary for the construction, maintenance, use,
removal and stabilization of stream crossing structures or the use of at-grade
fords.
6.5.7 On approaches to
stream crossings, waterbars, turn-ups or broad-based dips shall be correctly
installed on truck roads and skid trails to divert the surface water runoff
into a filter area. They shall be installed as close to 25 feet away from the
top of bank as existing soil, rock. ledge and ground conditions
allow.
6.5.8 Except for the
travelled portions of truck roads and skid trails, areas of exposed soil within
50 feet of the stream channel as measured from the top of bank shall be seeded
and mulched, according to Table 3, immediately after installing stream crossing
structures or as soon thereafter as ground conditions allow.
6.6 Stream Crossings on Truck
Roads and Skid Trails -- Practices to be Applied Immediately After Logging
6.6.1 All temporary structures on truck
roads, and temporary bridges and culverts on skid trails, shall be removed from
streams and the channel restored to a stable condition after logging is
completed as soon as ground conditions are stable, or within 18 months of
installation, whichever is sooner. On skid trails, brushed-in crossings and
pole fords shall be removed after logging is completed, as soon as ground
conditions are stable or within 12 months of installation, whichever is
sooner.
6.6.2 After removing
temporary stream crossing structures, waterbars shall be correctly installed as
close to 25 feet back from the top of bank as ground conditions allow to divert
the surface water runoff into a filter area. All areas of exposed soil shall be
seeded and mulched a minimum of 50 feet on each side of the stream crossing.
Seed and mulch at application rates according to Table 3 immediately after
logging or as soon thereafter as ground conditions allow.
6.7 Forest Buffer
6.7.1 A forest buffer shall be left along
streams and other waters in which only partial cutting can occur such that
openings in the forest canopy are minimal and continuous forest cover is
maintained. The width of the buffer shall be in accordance with Table 4 as
measured from the top of bank.
6.7.2 New truck roads, skid trails and log
landings shall not be constructed within a forest buffer, except for the
necessary construction of stream crossings, unless there is no feasible
alternative due to existing soil, rock, ledge or other ground conditions. Truck
roads, skid trails and log landings that exist within the forest buffer prior
to the adoption of this rule, in whole or in part, may only be used if the
truck road, skid trail or log landing is stable and the AMPs have been
implemented and the road, trail or landing is unlikely to erode or contribute
to discharge of sediment to state waters.
6.7.3 Logging equipment shall not be driven
within a 25-foot wide area along streams or other waters, as measured from the
top of bank except as necessary for the construction, maintenance, use, removal
and stabilization of stream crossings.
6.8 Petroleum Products and Hazardous
Materials
6.8.1 Petroleum products and other
hazardous materials shall be stored only outside of forest buffers and shall be
removed immediately upon completion of logging.
6.9 Log Landings - Practices to be Applied
During Logging
6.9.1 Log landings shall not
be constructed in a forest buffer except where no feasible alternative exists
due to existing soil, rock ledge or other ground conditions. Log landings that
exist within the forest buffer prior to the adoption of this rule, in whole or
in part, may only be used if the log landing is stable and the AMPs have been
implemented and the landing is unlikely to erode or contribute to discharge of
sediment to state waters.
6.9.2
Silt barriers, check dams and drainage structures shall be correctly installed
on log landings to prevent sediment from entering streams and other
waters.
6.10 Log
Landings - Practices to be Applied Immediately After Logging
6.10.1 Log landings shall be stabilized, and
drainage structures shall be correctly installed to prevent sediment from
entering streams and other waters.
6.11 Table 1: Distance (Feet) Between
Drainage Structures on Truck Roads and Skid Trails
|
Road Grade (Percent Slope)
|
Skid Trails
|
Truck Roads Permanent Truck Roads During and After
Logging. Temporary Truck Roads During Logging.
|
Temporary Truck Roads After Logging
|
|
During Logging (Waterbars & Turn-Ups)
|
After Logging (Waterbars and Turn- Ups)
|
Broad- Based Dips
|
Ditch Relief Culverts
|
Waterbars
|
|
1
|
500
|
400
|
500
|
450
|
400
|
|
2
|
300
|
250
|
300
|
300
|
250
|
|
5
|
200
|
135
|
180
|
200
|
135
|
|
10
|
140
|
80
|
140
|
140
|
80
|
|
15
|
130
|
60
|
---
|
130
|
60
|
|
20
|
120
|
45
|
---
|
120
|
45
|
|
25
|
110
|
40
|
---
|
65
|
40
|
|
30
|
100
|
35
|
---
|
60
|
35
|
|
40
|
90
|
30
|
---
|
50
|
30
|
6.12
Table 2A: Minimum Culvert Sizing for Stream Crossings Choose the drainage area
closest to your crossing site drainage area
|
Drainage Area (Acres)
|
Minimum Size of Opening Required For Bridges and
Culverts (Square Feet)
|
Minimum Culvert Diameter (Inches)
|
|
4 *
|
0.6
(1.0 for drainage of ditches on truck roads) *
|
12
(15 for drainage of ditches on truck roads) *
|
|
8
|
1.0
|
15
|
|
15
|
1.5
|
18
|
|
20
|
1.9
|
18
|
|
40
|
3.2
|
24
|
|
50
|
3.8
|
30
|
|
80
|
5.3
|
36
|
|
100
|
6.3
|
36
|
|
150
|
8.6
|
42
|
|
200
|
10.6
|
48
|
|
250
|
12.6
|
48
|
|
300
|
14.4
|
54
|
|
350
|
16.2
|
60
|
|
450
|
19.5
|
60
|
|
550
|
22.7
|
66
|
|
640
|
25.4
|
72
|
AMP 6.5.5 states that "Permanent stream crossings on
perennial streams shall be in compliance with standards set forth in the
Vermont Agency of Natural Resources Stream Alteration Rule and General Permit.
Environmental Protection Rule, Chapter 27.
6.13 Table 2B: Minimum Bridge Structure
Opening for Stream Crossings Choose the drainage area closest to your site
drainage area
|
Drainage Area (Acres)
|
Minimum Span Temporary Bridges (FEET) Distance
between abutments
|
*Minimum Height Temporary Bridges
|
*Minimum Span Permanent Bridges (Feet) Distance
between abutments
|
*Minimum Height Permanent Bridges (Feet) From
average streambed elevation to low chord of superstructure
|
|
<100
|
6
|
OHW
|
6
|
2.5
|
|
160
|
7
|
OHW
|
7
|
2.75
|
|
200
|
8
|
OHW
|
Streams with drainage areas of 160 acres or
greater are likely to be perennial. Adhere to the VDEC Technical Guidance for
Identification of Perennial Stream 640 acres= 1 square mile
** See Below
|
|
320
|
10
|
OHW
|
|
640
|
13
|
OHW
|
|
960
|
16
|
OHW
|
|
1,280
|
18
|
OHW
|
|
1,920
|
21
|
OHW
|
|
2,560
|
24
|
OHW
|
|
3,200
|
27
|
OHW
|
|
3,840
|
29
|
OHW
|
|
4,480
|
31
|
OHW
|
|
5,120
|
33
|
OHW
|
|
5,760
|
34
|
OHW
|
|
6,400
|
36
|
OHW
|
|
*Minimum Height- Low chord of superstructure at or
above OHW (Ordinary High Water Mark).
|
|
**AMP 6.5.3 and 6.5.4 State that "Temporary Bridges
shall span the entire width of the stream channel." The minimum span for
bridges shall be according to table 2B, or shall span the entire width of the
stream channel as observed at the crossing site.
|
6.14
Table 3: Methods of Seeding and Mulching Truck Roads, Log Landings, Skid Trails
and Stream Crossings
|
Options
|
Rate of Application
|
Timing of Application
|
|
Option 1. Hay or Straw Mulch with Annual
Ryegrass
|
60 bales/acre or 1 1/2 bales/1,000 square feet
AND
Annual ryegrass at 40 lbs./acre or 1 lb./1,000 square
feet
|
Anytime
|
|
Option 2. Hay or Straw Mulch with Winter Rye
|
60 bales/acre or 1 1/2 bales/1,000 square feet
AND
Winter rye at 112 Ibs./acre or 2 1/2 lbs./1,000
square feet
|
Anytime
|
|
Option 3. Hay or Straw Mulch with Soil Conservation
Seed Mix
|
60 bales/acre or 1 1/2 bales/1,000 square feet
AND
Soil Conservation Seed Mix
at
42 Ibs./acre or 1 lb./1,000 square feet
|
Anytime. Best when applied between April 15 -- June
15
OR
August 1 -- September 15
|
|
Option 4. Hydroseeding with Native Grasses or Weed
Free Seed mix
|
Coverage and seeding comparable to the rates
above.
|
Anytime
|
6.15
Table 4: Minimum Forest Buffer Widths
|
Percent Slope of Land Between Skid Trails, Truck
Roads or Log Landings and Streams or Other Waters
|
Width from Top of Bank (Feet Along Surface of Ground
Measured Perpendicular to the Stream or Other Waters)
|
|
0-10
|
50
|
|
11-20
|
70
|
|
21-30
|
90
|
|
31-40 *
|
110
|
|
*Add 20 feet for each additional 10 percent
slope
|
