WSR 99-20-144

PROPOSED RULES

FOREST PRACTICES BOARD


[ Filed October 6, 1999, 11:41 a.m. ]

Original Notice.

Title of Rule: Amendments to forest practices rules, Title 222 WAC.

Purpose: Current forest practices rules are not providing adequate protection for salmon and other public resources. The Forest Practices Board and the Department of Natural Resources face many new resource protection challenges, the most significant of which are the current and [proposed] listings of salmonids under the federal Endangered Species Act (ESA) and water quality-limited waters under the federal Clean Water Act (CWA).

The Forest Practices Board initiated permanent rule making in October 1998 (WSR 98-21-015) and has adopted emergency rules for water typing and salmonids. The legislature has declared an emergency (RCW 76.09.055) and has authorized the board to adopt emergency rules consistent with the forests and fish report. These rules will remain in effect until permanent rules are adopted or until June 30, 2001, whichever is sooner.

Statutory Authority for Adoption: Chapter 34.05 RCW, RCW 34.05.090, 76.09.040, [76.09.]050, [76.09.]055.

Statute Being Implemented: Chapter 76.09 RCW.

Summary: The legislature has authorized the board to adopt emergency rules amending the forest practices rules with respect to protection of aquatic resources. RCW 76.09.055(2). The rules below include water typing, riparian protection, forest roads and wetlands, SEPA guidance, Class IV-Special, slope stability, forest chemicals, enforcement, adaptive management and watershed analysis.

Citation of Existing Rules Amended by this Order: WAC 222-08-035 Continuing review of forest practices rules, 222-10-010 Policies and authorities, 222-12-010 Authorities, 222-12-045 Adaptive management, 222-12-090 Forest practices board manual, 222-16-010 General definitions, 222-16-030 Water typing system, 222-16-035 Wetland typing system, 222-16-050 Classes of forest practices, 222-16-080 Critical wildlife habitats (state) and critical habitat (federal) of threatened and endangered species, 222-20-010 Applications and notifications--Policy, 222-20-020 Application time limits, 222-20-080 Application and notification expiration, 222-22-070 Prescription recommendation, 222-22-090 Use and review of watershed analysis, 222-24-010 Policy, 222-24-020 Road location and design, 222-24-030 Road construction, 222-24-035 Landing location and construction, 222-24-040 Water crossing structures, 222-24-050 Road maintenance, 222-24-060 Rock quarries, gravel pits, borrow pits, and spoil dispersal areas, 222-30-010 Policy-timber harvesting, 222-30-020 Harvest planning and design, 222-30-040 Shade requirements to maintain water temperature, 222-30-060 Cable yarding, 222-38-010 Policy-forest chemicals, 222-38-020 Handling, storage, and application of pesticides, 222-38-030 Handling, storage, and application of fertilizers, 222-38-040 Handling, storage, and application of other forest chemicals, 222-46-060 Civil penalties, and 222-46-070 Injunctions, civil suits, disapprovals.

New sections added: WAC 222-10-030 SEPA policies for potentially unstable slopes and landforms, 222-10-035 Watershed analysis SEPA policies, 222-12-041 Use of approved state and federal conservation agreements, 222-12-044 Cooperative opportunities, 222-16-036 Wetland delineation, 222-20-015 Multi-year permits, 222-20-055 Continuing forest land obligations, 222-22-075 Monitoring, 222-22-076 Restoration, 222-24-015 Construction in wetlands, 222-24-026 Temporary roads, 222-24-051 Road maintenance schedule, 222-24-052 Maintenance for specific roads and structures, 222-30-021 Western Washington riparian management zones, 222-30-022 Eastern Washington riparian management zones, 222-30-023 Riparian management zones for exempt twenty-acre parcels, 220-30-045 Salvage logging within riparian management zones, and 222-46-012 Representatives on inspections.

Section Deleted: WAC 222-24-025 Road design.

Reasons Supporting Proposal: The legislature has found that declines of fish stocks throughout much of the state require immediate action to be taken to help restore these fish runs where possible. An immediate adoption of emergency rules is appropriate in this particular instance. RCW 76.09.055(1).

Name of Agency Personnel Responsible for Drafting: Judith Holter, 1111 Washington Street S.E., Olympia, WA 98504-7012, (360) 902-1412; Implementation and Enforcement: Catherine Elliott, 1111 Washington Street S.E., Olympia, WA 98504-7012, (360) 902-1041.

Name of Proponent: Forest Practices Board, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rule:

Revises the water typing rules used to identify streams that are or are not used by fish so that more adequate protection is provided or fish habitat along those streams.
Provides a multi-year forest practices permit for landowners who have completed watershed analysis or who have submitted an application for a road maintenance and abandonment plan.
Expands the Class IV-Special SEPA trigger for unstable slopes, gives SEPA guidance, and adds definitions related to unstable slopes.
Requires that all watershed analyses being reviewed under SEPA.
Revises riparian management zone requirements for eastern and western Washington; identifies and delineates RMZ core, inner and outer zones or each side of the state; continues the January 1999 riparian requirements for exempt twenty-acre parcels of landowner who own less than eighty acres of forest land.
Presents options for variable buffer widths for aerial application of pesticides and adds best management practices to the Forest Practices Board (FPB) manual.
Adds best management practices related to roads to the FPB manual; revises requirements for road location and design, relief drainage structures, water crossing structures, and road maintenance and abandonment; separates wetland delineation rules into a new section.
Expands adaptive management requirements by formally establishing the Cooperative Monitoring, Evaluation, and Research (CMER) Committee and charging them with implementing adaptive management based on scientific findings; encourages cooperative opportunities for working with the board.
The anticipated effects for these rules include improved water quality and fish habitat, as well as better overall protection of public resources while maintaining a viable forest products industry.

Proposal Changes the Following Existing Rules:

Rule Category WAC 222 Current Rules New Emergency Rule - Summary of Additions and Revisions
Adaptive Management 08-035

12-044

12-045

Expands adaptive management by spelling out CMER's reporting responsibilities and its relationship to the board. Adds a new section on cooperative opportunities.
FPB Manual 12-090 Adds guidelines for: Water typing, roads and road plans; aerial applications of pesticides; bankfull width and channel migration zones; RMZ calculations; unstable slopes.
Definitions 16-010 Adds several new definitions for each topic: Unstable slopes, roads, RMZs, pesticides, water typing, multi-year permits.
Water Typing 16-030

16-035

Water typing system is still based on fish use and implements guidelines for determining fish use; includes revised criteria for identifying seasonal, perennial streams; amends wetlands rules.
SEPA Guidance

Class IV-Special

10-030

10-035

16-050

New SEPA guidance sections written for watershed analysis, unstable slopes. Revises SEPA trigger for unstable slopes.
Applications: Multi-year permits 20-010

20-015

20-020

20-055

Permits are valid for two years only. Multi-year permit option for landowners within a completed watershed analysis or an approved road maintenance and abandonment plans; name of operator and notice to the department required to begin forest practices operations. Certain forestry obligations continue with the land when it changes owners.
Watershed Analysis 22-035 to

22-090

Process and requirements for watershed analysis are prescribed. Adds a cross reference to multi-year permits; new sections added for SEPA guidance monitoring, and restoration.
Roads 24-010 to

24-060

Road plans required only upon DNR request The goal is to protect water quality and aquatic habitat by minimizing/eliminating delivery of sediment; adds mandatory road maintenance and abandonment plan requirements; establishes a schedule for road maintenance; revises road design and water crossing; no net loss of wetland functions and mitigation sequence is given; BMPs to be written for FPB Manual.
Riparian Management Zones 30-010

30-020

30-070

W. Wash: 25' to 100'

E. Wash: 30'-300'

+ leave tree requirements

Revises riparian management zone requirements (RMZs); RMZs are made up of core, inner and outer zones; management options vary by zone. 30' equipment limitation zone everywhere else, including seasonal streams. 20-acre parcels follow January 1999 rules if landowner owns less than 80 acres statewide.
Pesticides 38-020

38-030

38-040

50' buffers Rules implement BMPs to eliminate direct entry of pesticides to water. Protective buffers required during aerial application of pesticides vary by water type and RMZ core, inner and outer zones, and wind conditions.
Enforcement 46-012

46-060

46-065

The department may invite representatives needed to provide specific expertise to accompany DNR when reviewing an application. Persons incurring civil penalties are also responsible for attorneys costs and fees.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required per RCW 76.09.055(2).

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not required per RCW 76.09.055(2).

Hearing Location: Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA, on November 9, 1999, at 4 p.m.

Assistance for Persons with Disabilities: Contact Forest Practices Board Secretary, (360) 902-1413, by November 1, 1999, TTY (360) 902-1125.

Submit Written Comments to: Judith Holter, Department of Natural Resources, Forest Practices Division, fax (360) 902-1789, by November 10, 1999.

Date of Intended Adoption: November 16, 1999.

October 5, 1999

Amy F. Bell

Chair

OTS-3467.2


AMENDATORY SECTION(Amending WSR 97-24-091, filed 12/3/97, effective 1/3/98)

WAC 222-08-035
Continuing review of forest practices ((regulations)) rules.

*(1) Annual evaluations.  The department, after consulting with affected state agencies, Indian tribes, forest landowners, fish and wildlife, natural resources, and environmental interest groups, shall beginning July 1, 1988, report annually to the forest practices board an assessment of how ((regulations)) the rules and voluntary processes are working.

*(2) Adaptive management.  The cooperative monitoring, evaluation and research committee (CMER) will provide results of research and monitoring projects for covered resources (see WAC 222-16-010) to the TFW policy group or similar collaborative forum in the form of technical recommendations. In the event that CMER cannot agree on a recommendation within six months of submittal of a scientific report, the report will be forwarded to the TFW policy group for review and recommendation to the forest practices board. In the event that the TFW policy group cannot agree on a recommendation to the forest practices board within six months, mediation or arbitration may be used to reach agreement. The decision by the TFW policy group to use either arbitration or mediation must be made within one month and the results must be completed within three months, including the one month used to decide on either arbitration or mediation. When the forest practices board receives results of mediation or arbitration, all information generated should be forwarded to the forest practices board. In addition, the department is directed to report to the board on opportunities to modify these ((regulations)) rules when baseline data, monitoring, evaluation or the use of interdisciplinary teams show that such adaptive management will better meet the purposes and policies of the Forest Practices Act.

(3) Resource management plans.  The department is directed to develop a method for cooperative voluntary resource management planning among forest landowners, governmental agencies, affected Indian tribes, and environmental groups which would result in the development of plans which might be used as an alternative to the forest practice regulations in achieving the purposes and policies set forth in the act.  This should be done through pilot projects, at least one of which should be located on the east side of the Cascade summit and one on the west side of the Cascade summit.

[Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW.  97-24-091, 222-08-035, filed 12/3/97, effective 1/3/98.  Statutory Authority: RCW 76.09.040.  87-23-036 (Order 535), 222-08-035, filed 11/16/87, effective 1/1/88.]

OTS-3454.2


AMENDATORY SECTION(Amending Order 429, Resolution No. 8-8-84, filed 8/29/84, effective 10/1/84)

WAC 222-10-010
Policies and authorities.

(1) This chapteris promulgated pursuant to the authority granted in RCW 76.09.010, 43.21C.120 and chapter 197-11 WAC.

(2) The forest practices board, according to RCW 76.09.040, possesses the authority to promulgate forest practices regulations establishing minimum standards for forest practices and setting forth necessary administrative provisions.

(3) The forest practices board adopts by reference the policies of SEPA as set forth in RCW 43.21C.020.

(4) A Class IV-Special forest practice approval will be conditioned when necessary to mitigate specific adverse impacts which are identified in the environmental documents prepared under SEPA.  An application for a Class IV-Special forest practice will be denied when the proposal would result in significant adverse impacts identified in a final or supplemental environmental impact statement prepared under SEPA, and reasonable mitigation measures are insufficient to mitigate the identified impacts and denial is consistent with all provisions of the acts cited in subsection (1) of this section.

(5) SEPA policies and procedures required for administration of Class IV-Special forest practices or any other forest practices applications or notifications subject to SEPA shall be implemented by the department of natural resources.

[Statutory Authority: RCW 43.21C.120, 76.09.040 and 42.30.075.  84-18-021 (Order 429, Resolution No. 8-8-84), 222-10-010, filed 8/29/84, effective 10/1/84; Order 258, 222-10-010, filed 5/21/76.]


NEW SECTION
WAC 222-10-030
*SEPA policies for potentially unstable slopes and landforms.

In addition to SEPA policies established elsewhere in this chapter, the following policies apply to forest practices subject to SEPA where the forest practices would occur on potentially unstable slopes or landforms.

(1) In order to determine whether such forest practices are likely to have a probable significant adverse impact, and therefore require an environmental impact statement, the applicant must submit the following additional information, prepared by a qualified expert. The expert must describe the potentially unstable landforms in and around the application site, and analyze:

(a) The likelihood that the proposed forest practices will cause movement on the potentially unstable slopes or landforms, or contribute to further movement of a potentially unstable slope or landform;

(b) The likelihood of delivery of sediment or debris to any public resources, or in a manner that would threaten public safety; and

(c) Any possible mitigation for the identified hazards and risks.

(2) The department's threshold determination will include an evaluation of whether the proposed forest practices:

(a) Are likely to increase the probability of a mass movement on or near the site;

(b) Would deliver sediment or debris to a public resource or would deliver sediment or debris in a manner that would threaten public safety; and

(c) Such movement and delivery are likely to cause significant adverse impacts.

If the department determines that (a), (b) and (c) of this subsection are likely to occur, then the forest practice is likely to have a probable significant adverse impact.

(3) The department will evaluate the proposal, using appropriate expertise and in consultation with other affected agencies and Indian tribes.

(4) Specific mitigation measures or conditions must be designed to avoid accelerating rates and magnitudes of mass wasting that could deliver sediment or debris to a public resource or could deliver sediment or debris in a manner that would threaten public safety.

(5) Qualified expert for the purposes of this section means a person with a master's degree in geology or geomorphology or a related field, or a significant amount of postgraduate course or thesis work or other training in geomorphology or mass movement, and an additional 5 years of field experience in the evaluation of relevant problems in forested lands.

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NEW SECTION
WAC 222-10-035
*Watershed analysis SEPA policies.

When the department considers a watershed analysis for approval as in WAC 222-22-080, the department will perform a review under SEPA as a nonproject proposal. When making the threshold determination for a watershed analysis, the department shall only make a determination of significance if, when compared to rules or prescriptions in place at the time of the analysis or the 5-year review, the prescriptions will cause a probable significant adverse impact on elements of the environment other than those addressed in the watershed analysis process.

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OTS-3481.1


AMENDATORY SECTION(Amending Order 263, filed 6/16/76)

WAC 222-12-010
Authority.

These forest practices regulations are adopted pursuant to chapter 76.09 RCW.  Where necessary to accomplish the purposes and policies stated in the act, the board is authorized to promulgate forest practices regulations establishing minimum standards for forest practices and setting forth necessary administrative provisions, pursuant to chapter 34.04 RCW and in accordance with the procedures enumerated in the act.

Promulgation of all forest practices regulations shall be accomplished so that compliance with such forest practices regulations will achieve compliance with the water quality laws.

Those regulations marked with an asterisk (*) pertain to water quality protection; pursuant to RCW 76.09.040 ((they will also be adopted by the department of ecology)) and can be amended only by agreement between the board and the department of ecology.

Forest practices regulations shall be administered and enforced by the department except as otherwise provided in the act. Such regulations shall be administered so as to give consideration to all purposes and policies set forth in RCW 76.09.010.

[Order 263, 222-12-010, filed 6/16/76.]

OTS-3463.2


NEW SECTION
WAC 222-12-041
Use of approved state and federal conservation agreements.

If a landowner submits a forest practice application or notification for an activity or resource that is covered by one of the following agreements, the standard for the activity or resource in the agreement replaces the applicable rules (chapters 222-22 through 222-38 WAC) upon approval of the application or notification. The specific rules replaced will be identified by the department at the time of approval. The agreements are:

(1) A habitat conservation plan and incidental take permit or an incidental take statement covering such species approved by the Secretary of the Interior or Commerce pursuant to 16 U.S.C. section 1536(b) or 1539(a) and reviewed under the National Environmental Policy Act, 42 U.S.C. section 4321 et seq.;

(2) An "unlisted species agreement" covering such species approved by the U.S. Fish and Wildlife Service or National Marine Fisheries Service which has been reviewed under the National Environmental Policy Act, 42 U.S.C. section 4321 et seq.; or

(3) Another cooperative or conservation agreement entered into with a state resource agency pursuant to its statutory authority for fish and wildlife protection, such as a landowner option plan, cooperative habitat enhancement agreement or a landscape management plan that addresses the needs of the covered resources and that is subject to review under the State Environmental Policy Act, chapter 43.21C RCW.

[]


NEW SECTION
WAC 222-12-044
Cooperative opportunities.

The forest practices board recognizes and encourages collaborative efforts to build solutions to pressing forest practices issues. The forest practices board may at any time use this method to assist in assessing and recommending solutions to issues. The benefits of this method lie in the ability of disparate groups to use consensus processes to bring recommendations to the forest practices board. The board will continue to utilize collaborative efforts, such as the Timber, Fish, and Wildlife (TFW) forum. Participants would ideally consist of representation by timber interests, environmental interests, state agencies, local government, federal agencies, tribal governments and other interested parties so long as the collaborative effort utilizes a consensus approach to resolving or addressing issues.

[]


AMENDATORY SECTION(Amending Order 535, filed 11/16/87, effective 1/1/88)

WAC 222-12-045
*Adaptive management.

In order to further the purposes of chapter 76.09 RCW the board has adopted a policy of adaptive management designed to modify these ((regulations)) rules and their application based on cooperative research, monitoring, and evaluation.  Such adaptive management shall include the measures set out in WAC 222-08-035. The forest practices board, in consultation with Timber, Fish, and Wildlife or a similar collaborative forum, will establish resource objectives for "covered resources." (See definition in WAC 222-16-010.) The forest practices board will establish the cooperative monitoring, evaluation, and research (CMER) committee, and will, in consultation with TFW or a similar collaborative forum, designate a scientific review committee.

(1) CMER. The CMER committee will conduct validation and effectiveness monitoring and research to facilitate achieving the resource objectives. Each funded project will have an independent scientific peer review performed or facilitated by the scientific review committee.

(a) Membership. The CMER committee will be made up of members representing timber interests, environmental interests, state agencies, local government, federal agencies and tribal governments who have expertise in the interaction of forest practices with public resources. CMER members will serve voluntarily without compensation or per diem.

(b) Administration. If funding is available, the department will employ an administrator to oversee the adaptive management program. The adaptive management program administrator will be selected in consultation with TFW or similar collaborative forum. The administrator will be responsible for managing the research and monitoring projects, including budget preparation and work plans, set time frames for products, and resolve disputes within the committee. In addition, the administrator will select peer reviewers in consultation with the scientific review committee.

(c) Reports to the board. The administrator will report to the forest practices board at a minimum annually, on the membership of the CMER committee and on progress of funded projects. Each biennium, the administrator will submit the following for forest practices board approval: A budget proposal and a projects list that includes time frames for accomplishing the work. Both the budget and the projects list will have been developed in consultation with TFW or similar collaborative forum. This will be the basis for the department's biennial CMER budget request to the legislature. The department will conduct a performance audit of the expenditure of legislatively appropriated funds for CMER projects.

(2) Scientific review committee. A scientific review committee, chosen in consultation with TFW or similar collaborative forum, will be designated by the forest practices board to provide peer review of CMER's work. Together, the CMER and the scientific review committees will establish protocols and standards governing adaptive management. The SRC will review or facilitate review of all studies, including design, methodology, data and results, presented to CMER in support of requests for changes to existing rules or suggestions for new rules.

[Statutory Authority: RCW 76.09.040.  87-23-036 (Order 535), 222-12-045, filed 11/16/87, effective 1/1/88.]


AMENDATORY SECTION(Amending WSR 97-24-091, filed 12/3/97, effective 1/3/98)

WAC 222-12-090
Forest practices board manual.

When approved by the board the manual serves as an advisory technical supplement to these forest practices regulations.  The department, in cooperation with the departments of fish and wildlife, agriculture, ecology, and such other agencies, affected Indian tribes, or interested parties as may have appropriate expertise, is directed to prepare, and submit to the board for approval, revisions to the forest practices board manual.  The manual shall include:

(1) Method for determination of adequate shade requirements on streams needed for use with WAC 222-30-040.

(2) The standard methods for measuring ((channel width, stream gradient and flow which are used in the water typing criteria WAC 222-16-030)) physical parameters of streams and channel migration zones.

(3) ((A chart for establishing recommended permanent culvert sizes and associated data.)) Guidelines for forest roads.

(a) Road construction.

(b) Road maintenance and abandonment plans.

(c) Recommended culvert sizes.

(4) Guidelines for clearing slash and debris from Type 4 and 5 Waters.

(5) Guidelines for landing location and construction.

(6) Guidelines for determining acceptable stocking levels.

(7) Guidelines for ((calculating average widths of)) riparian management zones.

(a) Calculating average RMZ widths for exempt 20-acre parcels in WAC 222-30-023.

(b) Western Washington RMZs WAC 222-30-021.

(c) Eastern Washington RMZs WAC 222-30-022.

(d) Large woody debris placement plans.

(8) Guidelines for wetland delineation.

(9) Guidelines for wetland replacement or substitution.

(10) A list of nonnative wetland plant species.

(11) The standard methodology, which shall specify the quantitative methods, indices of resource conditions, and definitions, for conducting watershed analysis under chapter 222-22 WAC.  The department, in consultation with Timber/Fish/Wildlife's Cooperative Monitoring, Evaluation and Research Committee (CMER), may make minor modifications to the version of the standard methodology approved by the board.  Substantial amendments to the standard methodology requires approval by the board.

(12) Guidelines for forest chemicals.

(a) A list of special concerns related to aerial application of pesticides developed under WAC 222-16-070(3).

(b) Guidelines for aerial applications of pesticides and other forest chemicals under chapter 222-38 WAC.

(13) Guidelines for determining fish use for the purpose of typing waters under WAC 222-16-030.

(14) Survey protocol for marbled murrelets. The Pacific seabird survey protocol in effect March 1, 1997, shall be used when surveying for marbled murrelets in a stand.  Surveys conducted before the effective date of this rule are valid if they were conducted in substantial compliance with generally accepted survey protocols in effect at the beginning of the season in which they were conducted.

(15) The department shall, in consultation with the department of fish and wildlife, develop platform protocols for use by applicants in estimating the number of platforms, and by the department in reviewing and classifying forest practices under WAC 222-16-050.  These protocols shall include:

(a) A sampling method to determine platforms per acre in the field;

(b) A method to predict the number of platforms per acre based on information measurable from typical forest inventories.  The method shall be derived from regression models or other accepted statistical methodology, and incorporate the best available data; and

(c) Other methods determined to be reliable by the department, in consultation with the department of fish and wildlife.

(16) Guidelines for evaluating potentially unstable slopes and landforms.

[Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW.  97-24-091, 222-12-090, filed 12/3/97, effective 1/3/98; 97-15-105, 222-12-090, filed 7/21/97, effective 8/21/97.  Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW.  92-15-113, 222-12-090, filed 7/21/92, effective 8/21/92.  Statutory Authority: RCW 76.09.040.  88-19-112 (Order 551, Resolution No. 88-1), 222-12-090, filed 9/21/88, effective 11/1/88; 87-23-036 (Order 535), 222-12-090, filed 11/16/87, effective 1/1/88.  Statutory Authority: RCW 76.09.040 and 76.09.050.  82-16-077 (Resolution No. 82-1), 222-12-090, filed 8/3/82, effective 10/1/82; Order 263, 222-12-090, filed 6/16/76.]

OTS-3464.2


AMENDATORY SECTION(Amending WSR 98-07-047, filed 3/13/98, effective 5/1/98)

WAC 222-16-010
General definitions.*

Unless otherwise required by context, as used in these ((regulations)) rules:

"Act" means the Forest Practices Act, chapter 76.09 RCW.

"Affected Indian tribe" means any federally recognized Indian tribe that requests in writing from the department information on forest practices applications and notification filed on specified areas.

"Alluvial fan" see "sensitive sites" definition.

"Appeals board" means the forest practices appeals board established in the act.

"Area of resource sensitivity" means areas identified in accordance with WAC 222-22-050 (2)(d) or 222-22-060(2).

"Bankfull depth" means the elevation of the water surface of a stream flow having a return period of approximately 1.5 years measured from the line of maximum depth of the stream or thalweg. (See board manual for measuring guidelines.)

"Bankfull width" means the horizontal projection of bankfull depth to the stream bank. (See board manual for measuring guidelines.)

"Basal area" means the area in square feet of the cross section of a tree bole measured at 4 1/2 feet above the ground.

"Bedrock hollows" (colluvium-filled bedrock hollows, or hollows; also referred to as zero-order basins, swales, or bedrock depressions) means landforms that are commonly spoon-shaped areas of convergent topography within unchannelled valleys on hillslopes. (See board manual section 16 for identification criteria.)

"Board" means the forest practices board established by the act.

"Bog" means wetlands which have the following characteristics: Hydric organic soils (peat and/or muck) typically 16 inches or more in depth (except over bedrock or hardpan); and vegetation such as sphagnum moss, labrador tea, bog laurel, bog rosemary, sundews, and sedges; bogs may have an overstory of spruce, western Hemlock, lodgepole pine, cedar, whitepine, crabapple, or aspen, and may be associated with open water.  This includes nutrient-poor fens.  See the Forest Practices Board Manual.

"Borrow pit" shall mean an excavation site outside the limits of construction to provide material necessary to that construction, such as fill material for the embankments.

"Bull trout habitat overlay" means those portions of Eastern Washington streams containing bull trout habitat as identified in the department of fish and wildlife's bull trout map. Prior to the development of a bull trout field protocol and of the habitat-based predictive model, the "bull trout habitat overlay" map may be modified to allow for locally-based corrections using current data, field knowledge, and best professional judgment. A landowner may meet with the departments of natural resources and fish and wildlife and, in consultation with affected tribes and federal biologists, determine whether certain stream reaches have habitat conditions that are unsuitable for supporting bull trout. If such a determination is mutually agreed upon, documentation submitted to the department will result in the applicable stream reaches no longer being included within the definition of bull trout habitat overlay. Conversely, if suitable bull trout habitat is discovered outside the current mapped range, those waters will be included within the definition of "bull trout habitat overlay" by a similar process.

Place illustration here.
"Channel migration zone (CMZ)" means the area where the active channel of a stream is prone to move and this results in a potential near-term loss of riparian habitat adjacent to the stream. (See the board manual for descriptions and illustrations of CMZs, delineation guidelines, except as modified by a permanent levee or dike. CMZs.)

"Chemicals" means substances applied to forest lands or timber including pesticides, fertilizers, and other forest chemicals.

"Clearcut" means a harvest method in which the entire stand of trees is removed in one timber harvesting operation.  Except as provided in WAC 222-30-110, an area remains clearcut until:

It meets the minimum stocking requirements under WAC 222-34-010(2) or 222-34-020(2); and

The largest trees qualifying for the minimum stocking levels have survived on the area for five growing seasons or, if not, they have reached an average height of four feet.

"Columbia River Gorge National Scenic Area or CRGNSA" means the area established pursuant to the Columbia River Gorge National Scenic Area Act, 16 U.S.C.  544b(a).

"CRGNSA special management area" means the areas designated in the Columbia River Gorge National Scenic Area Act, 16 U.S.C.  544b(b) or revised pursuant to 16 U.S.C.  544b(c).  For purposes of this rule, the special management area shall not include any parcels excluded by 16 U.S.C.  544f(o).

"CRGNSA special management area guidelines" means the guidelines and land use designations for forest practices developed pursuant to 16 U.S.C.  544f contained in the CRGNSA management plan developed pursuant to 15 U.S.C.  544d.

"Commercial tree species" means any species which is capable of producing a merchantable stand of timber on the particular site, or which is being grown as part of a Christmas tree or ornamental tree-growing operation.

"Completion of harvest" means the latest of:

Completion of removal of timber from the portions of forest lands harvested in the smallest logical unit that will not be disturbed by continued logging or an approved slash disposal plan for adjacent areas; or

Scheduled completion of any slash disposal operations where the department and the applicant agree within 6 months of completion of yarding that slash disposal is necessary or desirable to facilitate reforestation and agree to a time schedule for such slash disposal; or

Scheduled completion of any site preparation or rehabilitation of adjoining lands approved at the time of approval of the application or receipt of a notification: Provided, That delay of reforestation under this paragraph is permitted only to the extent reforestation would prevent or unreasonably hinder such site preparation or rehabilitation of adjoining lands.

"Constructed wetlands" means those wetlands voluntarily developed by the landowner.  Constructed wetlands do not include wetlands created, restored, or enhanced as part of a mitigation procedure or wetlands inadvertently created as a result of current or past practices including, but not limited to: Road construction, landing construction, railroad construction, or surface mining.

"Contamination" means the introducing into the atmosphere, soil, or water, sufficient quantities of substances as may be injurious to public health, safety or welfare, or to domestic, commercial, industrial, agriculture or recreational uses, or to livestock, wildlife, fish or other aquatic life.

"Convergent headwalls" (or headwalls) means teardrop-shaped landforms, broad at the ridgetop and terminating where headwaters converge into a single channel; they are broadly concave both longitudinally and across the slope, but may contain sharp ridges separating the headwater channels. (See board manual section 17 for identification criteria.)

"Conversion option harvest plan" means a voluntary plan developed by the landowner and approved by the local government entity indicating the limits of harvest areas, road locations, and open space.

"Conversion to a use other than commercial timber operation" shall mean a bona fide conversion to an active use which is incompatible with timber growing.

"Cooperative habitat enhancement agreement (CHEA)" see WAC 222-16-105.

"Covered resources" means water quality, fish, the Columbia torrent salamander (Rhyacotriton kezeri), the Cascade torrent salamander (Rhyacotriton cascadae), the Olympic torrent salamander (Rhyacotriton olympian), the Dunn's salamander (Plethodon dunni), the Van Dyke's salamander (Plethodon vandyke), the Tailed frog (Ascaphus truei) and their respective habitats.

"Critical habitat (federal)" means the habitat of any threatened or endangered species designated as critical habitat by the United States Secretary of the Interior or Commerce under Sections 3 (5)(A) and 4 (a)(3) of the Federal Endangered Species Act.

"Critical nesting season" means for marbled murrelets - April 1 to August 31.

"Critical wildlife habitat (state)" means those habitats designated by the board in accordance with WAC 222-16-080.

"Cultural resources" means archaeological and historic sites and artifacts and traditional religious, ceremonial and social uses and activities of affected Indian tribes.

"Cumulative effects" means the changes to the environment caused by the interaction of natural ecosystem processes with the effects of two or more forest practices.

"Daily peak activity" means for marbled murrelets - one hour before official sunrise to two hours after official sunrise and one hour before official sunset to one hour after official sunset.

"Debris" means woody vegetative residue less than 3 cubic feet in size resulting from forest practice activities which would reasonably be expected to cause significant damage to a public resource.

"Deep-seated landslides" means landslides in which the slide plane or zone is mostly below the maximum rooting depth of forest trees, to depths of tens to hundreds of feet. (See board manual section 17 for identification criteria.)

"Demographic support" means providing sufficient suitable spotted owl habitat within the SOSEA to maintain the viability of northern spotted owl sites identified as necessary to meet the SOSEA goals.

"Department" means the department of natural resources.

"Desired future condition (DFC)" means the stand conditions of a mature riparian forest at 140 years of age.

"Diameter at breast height (dbh)" means the diameter of a tree at 4 1/2 feet above the ground.

"Dispersal habitat" see WAC 222-16-085(2).

"Dispersal support" means providing sufficient dispersal habitat for the interchange of northern spotted owls within or across the SOSEA, as necessary to meet SOSEA goals.  Dispersal support is provided by a landscape consisting of stands of dispersal habitat interspersed with areas of higher quality habitat, such as suitable spotted owl habitat found within RMZs, WMZs or other required and voluntary leave areas.

"Eastern Washington" means ((the lands of the state lying east of an administrative line which approximates the change from the Western Washington timber types to the Eastern Washington timber types described as follows:

Beginning at the International Border and Okanogan National Forest boundary at the N1/4 corner Section 6, T. 40N, R. 24E., W.M., south and west along the Pasayten Wilderness boundary to the west line of Section 30, T. 37N, R. 19E.,

Thence south on range line between R. 18E. and R. 19E., to the Lake Chelan-Sawtooth Wilderness at Section 31, T. 35N, R. 19E.,

Thence south and east along the eastern wilderness boundary of Lake Chelan-Sawtooth Wilderness to the west line of Section 18, T. 31N, R. 19E. on the north shore of Lake Chelan,

Thence south on the range line between R. 18E. and R. 19E. to the SE corner of T. 28N, R. 18E.,

Thence west on the township line between T. 27N, and T. 28N to the NW corner of T. 27N, R. 17E.,

Thence south on range line between R. 16E. and R. 17E. to the Alpine Lakes Wilderness at Section 31, T. 26N, R. 17E.,

Thence south along the eastern wilderness boundary to the west line of Section 6, T. 22N, R. 17E.,

Thence south on range line between R. 16E. and R. 17E. to the SE corner of T. 22N, R. 16E.,

Thence west along township line between T. 21N, and T. 22N to the NW corner of T. 21N, R. 15E.,

Thence south along range line between R. 14E. and R. 15E. to SW corner of T. 20N, R. 15E.,

Thence east along township line between T. 19N, and T. 20N to the SW corner of T. 20N, R. 16E.,

Thence south along range line between R. 15E. and R. 16E. to the SW corner of T. 18N, R. 16E.,

Thence west along township line between T. 17N, and T. 18N to the SE corner of T. 18N, R. 14E.,

Thence south along range line between T. 14E. and R. 15E. to the SW corner of T. 14N, R. 15E.,

Thence south and west along Wenatchee National Forest Boundary to the NW corner of T. 12N, R. 14E.,

Thence south along range line between R. 13E. and R. 14E. to SE corner of T. 10N, R. 13E.,

Thence west along township line between T. 9N, and T. 10N to the NW corner of T. 9N, R. 12E.,

Thence south along range line between R. 11E. and R. 12E. to SE corner of T. 8N, R. 11E.,

Thence west along township line between T. 7N, and T. 8N to the Gifford Pinchot National Forest Boundary,

Thence south along Forest Boundary to SE corner of Section 33, T. 7N, R. 11E.,

Thence west along township line between T. 6N, and T. 7N to SE corner of T. 7N, R. 9E.,

Thence south along Skamania-Klickitat County line to Oregon-Washington)) the geographic area in Washington east of the crest of the Cascade Mountains from the international border to the top of Mt. Adams, then east of the ridge line dividing the White Salmon River drainage from the Lewis River drainage and east of the ridge line dividing the Little White Salmon River drainage from the Wind River drainage to the Washington-Oregon state line.
Place illustration here.

"Eastern Washington timber habitat types" means:


Tree species zone Elevation
Ponderosa Pine 0 - 2500 feet
Mixed Conifer 2501 - 5000 feet
High Elevation Above 5000 feet

"End hauling" means the removal and transportation of excavated material, pit or quarry overburden, or landing or road cut material from the excavation site to a deposit site not adjacent to the point of removal.

"Erodible soils" means those soils exposed or displaced by a forest practice operation, that would be readily moved by water.

"Even-aged harvest methods" means the following harvest methods:

Clearcuts;

Seed tree harvests in which twenty or fewer trees per acre remain after harvest;

Shelterwood regeneration harvests in which twenty or fewer trees per acre remain after harvest;

Group or strip shelterwood harvests creating openings wider than two tree heights, based on dominant trees;

Shelterwood removal harvests which leave fewer than one hundred fifty trees per acre which are at least five years old or four feet in average height;

Partial cutting in which fewer than fifty trees per acre remain after harvest;

Overstory removal when more than five thousand board feet per acre is removed and fewer than fifty trees per acre at least ten feet in height remain after harvest; and

Other harvesting methods designed to manage for multiple age classes in which six or fewer trees per acre remain after harvest.

Except as provided above for shelterwood removal harvests and overstory removal, trees counted as remaining after harvest shall be at least ten inches in diameter at breast height and have at least the top one-third of the stem supporting green, live crowns.  Except as provided in WAC 222-30-110, an area remains harvested by even-aged methods until it meets the minimum stocking requirements under WAC 222-30-010(2) or 222-34-020(2) and the largest trees qualifying for the minimum stocking levels have survived on the area for five growing seasons or, if not, they have reached an average height of four feet.

"Fen" means wetlands which have the following characteristics: Peat soils 16 inches or more in depth (except over bedrock); and vegetation such as certain sedges, hardstem bulrush and cattails; fens may have an overstory of spruce and may be associated with open water.

"Fertilizers" means any substance or any combination or mixture of substances used principally as a source of plant food or soil amendment.

"Fill" means the placement of earth material or aggregate for road or landing construction or other similar activities.  Fill does not include the growing or harvesting of timber including, but not limited to, slash burning, site preparation, reforestation, precommercial thinning, intermediate or final harvesting, salvage of trees, brush control, or fertilization.

"Fish" means for purposes of these rules, species of the vertebrate taxonomic groups of Cephalospidomorphi and Osteichthyes.

(("Flood level - 50 year." For purposes of field interpretation of these regulations, the 50-year flood level shall be considered to refer to a vertical elevation measured from the ordinary high-water mark which is 1.25 times the vertical distance between the average stream bed and the ordinary high-water mark, and in horizontal extent shall not exceed 2 times the channel width measured on either side from the ordinary high-water mark, unless a different area is specified by the department based on identifiable topographic or vegetative features or based on an engineering computation of flood magnitude that has a 2 percent chance of occurring in any given year.  The 50-year flood level shall not include those lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or under license from the federal government, the state, or a political subdivision of the state.)) "Flood level - 100 year." Is a calculated flood event flow based on an engineering computation of flood magnitude that has a 1 percent chance of occurring in any given year. For purposes of field interpretation, landowners may use the following methods:

Flow information from gauging stations;

Field estimate of water level based on guidance for "Determining the 100-Year Flood Level" in the forest practices board manual.

The 100-year flood level shall not include those lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or under license from the federal government, the state, or a political subdivision of the state.

"Forest land" means all land which is capable of supporting a merchantable stand of timber and is not being actively used for a use which is incompatible with timber growing.

"Forest land owner" shall mean any person in actual control of forest land, whether such control is based either on legal or equitable title, or on any other interest entitling the holder to sell or otherwise dispose of any or all of the timber on such land in any manner: Provided, That any lessee or other person in possession of forest land without legal or equitable title to such land shall be excluded from the definition of "forest land owner" unless such lessee or other person has the right to sell or otherwise dispose of any or all of the timber located on such forest land.

"Forest practice" means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber, including but not limited to:

Road and trail construction;

Harvesting, final and intermediate;

Precommercial thinning;

Reforestation;

Fertilization;

Prevention and suppression of diseases and insects;

Salvage of trees; and

Brush control.

"Forest practice" shall not include: Forest species seed orchard operations and intensive forest nursery operations; or preparatory work such as tree marking, surveying and road flagging; or removal or harvest of incidental vegetation from forest lands such as berries, ferns, greenery, mistletoe, herbs, mushrooms, and other products which cannot normally be expected to result in damage to forest soils, timber or public resources.

"Forest trees" excludes trees cultivated by agricultural methods in growing cycles shorter than ten years: Provided, That Christmas trees are forest trees and: Provided further, That this exclusion applies only to trees planted on land that was not in forest use immediately before the trees were planted and before the land was prepared for planting the trees.

"Full bench road" means a road constructed on a side hill without using any of the material removed from the hillside as a part of the road. This construction technique is usually used on steep or unstable slopes.

"Green recruitment trees" means those trees left after harvest for the purpose of becoming future wildlife reserve trees under WAC 222-30-020(11).

"Groundwater recharge areas for glacial deep-seated slides" means the area upgradient that can contribute water to the landslide, assuming that there is an impermeable perching layer in or under a deep-seated landslide in glacial deposits. (See board manual section 17 for identification criteria.)

"Herbicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any tree, bush, weed or algae and other aquatic weeds.

"Historic site" includes:

Sites, areas and structures or other evidence of human activities illustrative of the origins, evolution and development of the nation, state or locality; or

Places associated with a personality important in history; or

Places where significant historical events are known to have occurred even though no physical evidence of the event remains.

"Horizontal distance" means the distance on a line parallel to the horizon (not parallel to the slope).

"Hyporheic" means an area adjacent to and below channels where interstitial water is exchanged with channel water and water movement is mainly in the downstream direction.

"Identified watershed processes" means the following components of natural ecological processes that may in some instances be altered by forest practices in a watershed:

Mass wasting;

Surface and road erosion;

Seasonal flows including hydrologic peak and low flows and annual yields (volume and timing);

Large organic debris;

Shading; and

Stream bank and bed stability.

"Inner gorges" means canyons created by a combination of the downcutting action of a stream and mass movement on the slope walls; they commonly show evidence of recent movement, such as obvious landslides, vertical tracks of disturbance vegetation, or areas that are concave in contour and/or profile. (See board manual section 17 for identification criteria.)

"Insecticide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any insect, other arthropods or mollusk pests.

"Interdisciplinary team" (ID Team) means a group of varying size comprised of individuals having specialized expertise, assembled by the department to respond to technical questions associated with a proposed forest practice activity.

"Islands" means any island surrounded by salt water in Kitsap, Mason, Jefferson, Pierce, King, Snohomish, Skagit, Whatcom, Island, or San Juan counties.

"Limits of construction" means the area occupied by the completed roadway or landing, including the cut bank, fill slope, and the area cleared for the purpose of constructing the roadway or landing.

"Load bearing portion" means that part of the road, landing, etc., which is supportive soil, earth, rock or other material directly below the working surface and only the associated earth structure necessary for support.

"Local government entity" means the governments of counties and the governments of cities and towns as defined in chapter 35.01 RCW.

"Low impact harvest" means use of any logging equipment, methods, or systems that minimize compaction or disturbance of soils and vegetation during the yarding process.  The department shall determine such equipment, methods or systems in consultation with the department of ecology.

"Marbled murrelet detection area" means an area of land associated with a visual or audible detection of a marbled murrelet, made by a qualified surveyor which is documented and recorded in the department of fish and wildlife data base.  The marbled murrelet detection area shall be comprised of the section of land in which the marbled murrelet detection was made and the eight sections of land immediately adjacent to that section.

"Marbled murrelet nesting platform" means any horizontal tree structure such as a limb, an area where a limb branches, a surface created by multiple leaders, a deformity, or a debris/moss platform or stick nest equal to or greater than 7 inches in diameter including associated moss if present, that is 50 feet or more above the ground in trees 32 inches dbh and greater (generally over 90 years of age) and is capable of supporting nesting by marbled murrelets.

"Median home range circle" means a circle, with a specified radius, centered on a spotted owl site center.  The radius for the median home range circle in the Hoh-Clearwater/Coastal Link SOSEA is 2.7 miles; for all other SOSEAs the radius is 1.8 miles.

"Merchantable stand of timber" means a stand of trees that will yield logs and/or fiber:

Suitable in size and quality for the production of lumber, plywood, pulp or other forest products;

Of sufficient value at least to cover all the costs of harvest and transportation to available markets.

"Multiyear permit" means a permit to conduct forest practices which is effective for longer than two years but no longer than five years.

"Northern spotted owl site center" means the location of status 1, 2 or 3 northern spotted owls based on the following definitions:


Status 1: Pair or reproductive - a male and female heard and/or observed in close proximity to each other on the same visit, a female detected on a nest, or one or both adults observed with young.
Status 2: Two birds, pair status unknown - the presence or response of two birds of opposite sex where pair status cannot be determined and where at least one member meets the resident territorial single requirements.
Status 3: Resident territorial single - the presence or response of a single owl within the same general area on three or more occasions within a breeding season with no response by an owl of the opposite sex after a complete survey; or three or more responses over several years (i.e., two responses in year one and one response in year two, for the same general area).

In determining the existence, location, and status of northern spotted owl site centers, the department shall consult with the department of fish and wildlife and use only those sites documented in substantial compliance with guidelines or protocols and quality control methods established by and available from the department of fish and wildlife.

"Notice to comply" means a notice issued by the department pursuant to RCW 76.09.090 of the act and may require initiation and/or completion of action necessary to prevent, correct and/or compensate for material damage to public resources which resulted from forest practices.

"Occupied marbled murrelet site" means:

(1) A contiguous area of suitable marbled murrelet habitat where at least one of the following marbled murrelet behaviors or conditions occur:

(a) A nest is located; or

(b) Downy chicks or eggs or egg shells are found; or

(c) Marbled murrelets are detected flying below, through, into or out of the forest canopy; or

(d) Birds calling from a stationary location within the area; or

(e) Birds circling above a timber stand within one tree height of the top of the canopy; or

(2) A contiguous forested area, which does not meet the definition of suitable marbled murrelet habitat, in which any of the behaviors or conditions listed above has been documented by the department of fish and wildlife and which is distinguishable from the adjacent forest based on vegetative characteristics important to nesting marbled murrelets.

(3) For sites defined in (1) above, the outer perimeter of the occupied site shall be presumed to be the closer, measured from the point where the observed behaviors or conditions listed in (1) above occurred, of the following:

(a) 1.5 miles from the point where the observed behaviors or conditions listed in (1) above occurred; or

(b) The beginning of any gap greater than 300 feet wide lacking one or more of the vegetative characteristics listed under "suitable marbled murrelet habitat"; or

(c) The beginning of any narrow area of "suitable marbled murrelet habitat" less than 300 feet in width and more than 300 feet in length.

(4) For sites defined under (2) above, the outer perimeter of the occupied site shall be presumed to be the closer, measured from the point where the observed behaviors or conditions listed in (1) above occurred, of the following:

(a) 1.5 miles from the point where the observed behaviors or conditions listed in (1) above occurred; or

(b) The beginning of any gap greater than 300 feet wide lacking one or more of the distinguishing vegetative characteristics important to murrelets; or

(c) The beginning of any narrow area of suitable marbled murrelet habitat, comparable to the area where the observed behaviors or conditions listed in (1) above occurred, less than 300 feet in width and more than 300 feet in length.

(5) In determining the existence, location and status of occupied marbled murrelet sites, the department shall consult with the department of fish and wildlife and use only those sites documented in substantial compliance with guidelines or protocols and quality control methods established by and available from the department of fish and wildlife.

"Old forest habitat" see WAC 222-16-085 (1)(a).

"Operator" shall mean any person engaging in forest practices except an employee with wages as his/her sole compensation.

"Ordinary high-water mark" means the mark on the shores of all waters, which will be found by examining the beds and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation: Provided, That in any area where the ordinary high-water mark cannot be found, the ordinary high-water mark adjoining saltwater shall be the line of mean high tide and the ordinary high-water mark adjoining freshwater shall be the line of mean high-water.

"Other forest chemicals" means fire retardants when used to control burning (other than water), nontoxic repellents, oil, dust-control agents (other than water), salt, and other chemicals used in forest management, except pesticides and fertilizers, that may present hazards to the environment.

"Park" means any park included on the parks register maintained by the department pursuant to WAC 222-20-100(2).  Developed park recreation area means any park area developed for high density outdoor recreation use.

"Partial cutting" means the removal of a portion of the merchantable volume in a stand of timber so as to leave an uneven-aged stand of well-distributed residual, healthy trees that will reasonably utilize the productivity of the soil.  Partial cutting does not include seedtree or shelterwood or other types of regeneration cutting.

"Perennial initiation point" means the place where perennial flow begins on a Type 4 Water.

"Perennial streams." See WAC 222-16-030*(4).

"Pesticide" means any insecticide, herbicide, fungicide, or rodenticide but does not include nontoxic repellents or other forest chemicals.

"Plantable area" is an area capable of supporting a commercial stand of timber excluding lands devoted to permanent roads, utility rights-of-way, that portion of riparian management zones where scarification is not permitted, and any other area devoted to a use incompatible with commercial timber growing.

"Power equipment" means all machinery operated with fuel burning or electrical motors, including heavy machinery, chain saws, portable generators, pumps, and powered backpack devices.

"Preferred tree species" means the following species listed in descending order of priority for each timber habitat type:


Ponderosa pine habitat type Mixed conifer habitat type
all hardwoods all hardwoods
ponderosa pine Douglas-fir
Douglas-fir western larch
western red cedar ponderosa pine
western red cedar
white pine
lodgepole pine

"Public resources" means water, fish, and wildlife and in addition shall mean capital improvements of the state or its political subdivisions.

"Qualified surveyor" means an individual who has successfully completed the marbled murrelet field training course offered by the department of fish and wildlife or its equivalent.

"Rehabilitation" means the act of renewing, or making usable and reforesting forest land which was poorly stocked or previously nonstocked with commercial species.

"Relief culvert" means a structure to relieve surface runoff from roadside ditches to prevent excessive buildup in water volume and velocity.

"Resource characteristics" means the following specific measurable characteristics of fish, water, and capital improvements of the state or its political subdivisions:

For fish and water:

Physical fish habitat, including temperature and turbidity;

Turbidity in hatchery water supplies; and

Turbidity and volume for areas of water supply.

For capital improvements of the state or its political subdivisions:

Physical or structural integrity.

If the methodology is developed and added to the manual to analyze the cumulative effects of forest practices on other characteristics of fish, water, and capital improvements of the state or its subdivisions, the board shall amend this list to include these characteristics.

"Riparian management zone (RMZ)" means:

(1) For Western Washington

(a) The area within one site potential tree height of a Type 1, 2 or 3 Water measured horizontally from the bankfull width or the CMZ, whichever is greater; and

(b) The area protected for Type 4 Waters.

(2) In Eastern Washington

(a) The area within one site potential tree height of a Type 1, 2 or 3 Water measured horizontally from the bankfull width or the CMZ, whichever is greater; and

(b) The area protected for Type 4 Waters.

(3) For both Western and Eastern Washington, the area within the equipment limitation zone on Type 4 and Type 5 Waters.

(4) For exempt 20 acre parcels, a specified area alongside Type 1, 2 and 3 Waters where specific measures are taken to protect water quality and fish and wildlife habitat.

"RMZ core zone" means:

(1) For Western Washington, the 50 foot buffer measured horizontally outside of the bankfull width or the channel migration zone, whichever is greater, of a Type 1, 2 or 3 Water. (See WAC 222-30-021.)

(2) For Eastern Washington, the 30 foot buffer measured horizontally outside of the bankfull width or the channel migration zone, whichever is greater, of a Type 1, 2 or 3 Water. (See WAC 222-30-022.)

"RMZ inner zone" means:

(1) For Western Washington, the area measured horizontally from the outside boundary of the core zone of a Type 1, 2 or 3 Water to the outer limit of the inner zone. The outer limit of the inner zone is determined based on the width of the affected water, site class and the management option chosen for timber harvest within the inner zone. (See WAC 222-30-021.)

(2) For Eastern Washington, the area measured horizontally between the outer boundary of the core zone and a line 45 feet (for streams less than 15 feet wide) or 70 feet (for streams more than 15 feet wide) from the bankfull width or the channel migration zone, whichever is greater. (See WAC 222-30-022.)

"RMZ outer zone" means the area measured horizontally between the outer extent of the inner zone and a line one site potential tree height in length from the bankfull width or the channel migration zone, whichever is greater. (See WAC 222-30-021 and 222-30-022.)

"Road construction" means any new road construction or reconstruction of existing roads.

"Rodenticide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate rodents or any other vertebrate animal which the director of the state department of agriculture may declare by regulation to be a pest.

"Salvage" means the removal of snags, down logs, windthrow, or dead and dying material.

"Scarification" means loosening the topsoil and/or disrupting the forest floor in preparation for regeneration.

"Seasonal streams." See WAC 222-16-030*(5).

"Sensitive sites" means one of the following:

(1) Headwall seep is a seep located at the toe of a cliff or other steep topographical feature and at the head of a Type 4 Water which connects to the stream channel network via overland flow, and is characterized by loose substrate and fractured bedrock with perennial water at or near the surface throughout the year.

(2) Side-slope seep is a seep within 100 feet of a Type 4 Water located on side-slopes which are greater than 20 percent, connected to the stream channel network via overland flow, and characterized by loose substrate and fractured bedrock with perennial water at or near the surface throughout the year. Water delivery to the Type 4 channel is visible at the surface.

(3) Side-slope spring is an identified spring within 100 feet of a Type 4 Water which is the initiation point for a stream and is connected to the stream's channel network via a perennial channelized flow.

(4) Perennial initiation points. See WAC 222-16-010 and guidelines in the board manual section 7.

(5) Alluvial fan means an erosional land form consisting of cone-shaped deposit of water-borne, often coarse-sized sediments.

(a) The upstream end of the fan (cone apex) is typically characterized by a distinct increase in channel width where a stream emerges from a narrow valley;

(b) The downstream edge of the fan is defined as the sediment confluence with a Type 1, 2 or 3 Water; and

(c) The lateral margins of a fan are characterized by distinct local changes in sediment elevation and often show disturbed vegetation.

Alluvial fan does not include features that were formed under climatic or geologic conditions which are not currently present or that are no longer dynamic. (See the board manual section 7 for guidelines on how to identify these sensitive sites in the field.)

"Shorelines of the state" shall have the same meaning as in RCW 90.58.030 (Shoreline Management Act).

"Side casting" means the act of moving excavated material to the side and depositing such material within the limits of construction or dumping over the side and outside the limits of construction.

"Site class" means a grouping of site indices that define the width of the riparian zones:

(1) For Western Washington


Site class 50-year site index range

(state soil survey)

I 137+
II 119-136
III 97-118
IV 76-96
V <75

(2) For Eastern Washington


Site class 100-year site index range

(state soil survey)

I 120+
II 101-120
III 81-100
IV 61-80
V <60

For purposes of this definition, the site index at any location will be the site index reported by the Washington State Department of Natural Resources State Soil Survey, and detailed in the associated forest soil summary sheets.

"Site preparation" means those activities associated with the removal of slash in preparing a site for planting and shall include scarification and/or slash burning.

"Skid trail" means a route used by tracked or wheeled skidders to move logs to a landing or road.

"Slash" means pieces of woody material containing more than 3 cubic feet resulting from forest practice activities.

"SOSEA goals" means the goals specified for a spotted owl special emphasis area as identified on the SOSEA maps (see WAC 222-16-086).  SOSEA goals provide for demographic and/or dispersal support as necessary to complement the northern spotted owl protection strategies on federal land within or adjacent to the SOSEA.

"Spoil" means excess material removed as overburden or generated during road or landing construction which is not used within limits of construction.

"Spotted owl dispersal habitat" see WAC 222-16-085(2).

"Spotted owl special emphasis areas (SOSEA)" means the geographic areas as mapped in WAC 222-16-086.  Detailed maps of the SOSEAs indicating the boundaries and goals are available from the department at its regional offices.

"Stop work order" means the "stop work order" defined in RCW 76.09.080 of the act and may be issued by the department to stop violations of the forest practices chapter or to prevent damage and/or to correct and/or compensate for damages to public resources resulting from forest practices.

"Stream-adjacent parallel roads" means roads in a riparian management zone on a property that have an alignment that is parallel to the general alignment of the stream, including roads used by others under easements or cooperative road agreements. Also included are stream crossings where the alignment of the road continues to parallel the stream. Not included are federal, state, county or municipal roads that are not subject to forest practices rules, or roads of another adjacent landowner.

"Sub-mature habitat" see WAC 222-16-085 (1)(b).

"Suitable marbled murrelet habitat" means a contiguous forested area containing trees capable of providing nesting opportunities:

(1) With all of the following indicators unless the department, in consultation with the department of fish and wildlife, has determined that the habitat is not likely to be occupied by marbled murrelets:

(a) Within 50 miles of marine waters;

(b) At least 40% of the dominant and codominant trees are Douglas-fir, western hemlock, western red cedar or sitka spruce;

(c) Two or more nesting platforms per acre;

(d) At least 7 acres in size, including the contiguous forested area within 300 feet of nesting platforms, with similar forest stand characteristics (age, species composition, forest structure) to the forested area in which the nesting platforms occur.

"Suitable spotted owl habitat" see WAC 222-16-085(1).

"Threaten public safety" means to increase the risk to the public at large from snow avalanches, identified in consultation with the department of transportation or a local government, or landslides or debris torrents caused or triggered by forest practices.

"Threatened or endangered species" means all species of wildlife listed as "threatened" or "endangered" by the United States Secretary of the Interior or Commerce, and all species of wildlife designated as "threatened" or "endangered" by the Washington fish and wildlife commission.

"Timber" shall mean forest trees, standing or down, of a commercial species, including Christmas trees.

"Water bar" means a diversion ditch and/or hump in a trail or road for the purpose of carrying surface water runoff into the vegetation duff, ditch, or other dispersion area so that it does not gain the volume and velocity which causes soil movement and erosion.

"Watershed administrative unit (WAU)" means an area shown on the map specified in WAC 222-22-020(1).

"Watershed analysis" means, for a given WAU, the assessment completed under WAC 222-22-050 or 222-22-060 together with the prescriptions selected under WAC 222-22-070 and shall include assessments completed under WAC 222-22-050 where there are no areas of resource sensitivity.

"Weed" is any plant which tends to overgrow or choke out more desirable vegetation.

"Western Washington" means the ((lands of the state lying west of the administrative line described in the definition of Eastern Washington.)) geographic area of Washington west of the Cascade crest and the drainages defined in Eastern Washington."

"Wetland" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, such as swamps, bogs, fens, and similar areas.  This includes wetlands created, restored, or enhanced as part of a mitigation procedure.  This does not include constructed wetlands or the following surface waters of the state intentionally constructed from wetland sites: Irrigation and drainage ditches, grass lined swales, canals, agricultural detention facilities, farm ponds, and landscape amenities.

"Wetland functions" include the protection of water quality and quantity, providing fish and wildlife habitat, and the production of timber.

"Wetland management zone" means a specified area adjacent to Type A and B Wetlands where specific measures are taken to protect the wetland functions.

"Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state.  The term "wildlife" includes, but is not limited to, any mammal, bird, reptile, amphibian, fish, or invertebrate, at any stage of development.  The term "wildlife" does not include feral domestic mammals or the family Muridae of the order Rodentia (old world rats and mice).

"Wildlife reserve trees" means those defective, dead, damaged, or dying trees which provide or have the potential to provide habitat for those wildlife species dependent on standing trees.  Wildlife reserve trees are categorized as follows:

Type 1 wildlife reserve trees are defective or deformed live trees that have observably sound tops, limbs, trunks, and roots.  They may have part of the top broken out or have evidence of other severe defects that include: "Cat face," animal chewing, old logging wounds, weather injury, insect attack, or lightning strike.  Unless approved by the landowner, only green trees with visible cavities, nests, or obvious severe defects capable of supporting cavity dependent species shall be considered as Type 1 wildlife reserve trees.  These trees must be stable and pose the least hazard for workers.

Type 2 wildlife reserve trees are dead Type 1 trees with sound tops, limbs, trunks, and roots.

Type 3 wildlife reserve trees are live or dead trees with unstable tops or upper portions.  Unless approved by the landowner, only green trees with visible cavities, nests, or obvious severe defects capable of supporting cavity dependent species shall be considered as Type 3 wildlife reserve trees.  Although the roots and main portion of the trunk are sound, these reserve trees pose high hazard because of the defect in live or dead wood higher up in the tree.

Type 4 wildlife reserve trees are live or dead trees with unstable trunks or roots, with or without bark.  This includes "soft snags" as well as live trees with unstable roots caused by root rot or fire.  These trees are unstable and pose a high hazard to workers.

"Windthrow" means a natural process by which trees are uprooted or sustain severe trunk damage by the wind.

"Yarding corridor" means a narrow, linear path through a riparian management zone to allow suspended cables necessary to support cable logging methods or suspended or partially suspended logs to be transported through these areas by cable logging methods.

"Young forest marginal habitat" see WAC 222-16-085 (1)(b).

[Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW.  98-07-047, 222-16-010, filed 3/13/98, effective 5/1/98; 97-24-091, 222-16-010, filed 12/3/97, effective 1/3/98; 97-15-105, 222-16-010, filed 7/21/97, effective 8/21/97.  Statutory Authority: Chapters 76.09 and 34.05 RCW.  96-12-038, 222-16-010, filed 5/31/96, effective 7/1/96.  Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW.  94-17-033, 222-16-010, filed 8/10/94, effective 8/13/94; 93-12-001, 222-16-010, filed 5/19/93, effective 6/19/93.  Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW.  92-15-011, 222-16-010, filed 7/2/92, effective 8/2/92.  Statutory Authority: RCW 76.09.040, 76.09.050 and 34.05.350.  92-03-028, 222-16-010, filed 1/8/92, effective 2/8/92; 91-23-052, 222-16-010, filed 11/15/91, effective 12/16/91.  Statutory Authority: RCW 76.09.040.  88-19-112 (Order 551, Resolution No. 88-1), 222-16-010, filed 9/21/88, effective 11/1/88; 87-23-036 (Order 535), 222-16-010, filed 11/16/87, effective 1/1/88.  Statutory Authority: RCW 76.09.040 and 76.09.050.  82-16-077 (Resolution No. 82-1), 222-16-010, filed 8/3/82, effective 10/1/82; Order 263, 222-16-010, filed 6/16/76.]

OTS-3469.2


AMENDATORY SECTION(Amending WSR 97-24-091, filed 12/3/97, effective 1/3/98)

WAC 222-16-030
Water typing system.

*The department in cooperation with the departments of fish and wildlife, and ecology, and in consultation with affected Indian tribes ((shall)) will classify streams, lakes and ponds ((and prepare stream classification)). The department will prepare new water type maps showing the location of ((Type 1, 2, 3 and 4 Waters)) waters within the ((various)) forested areas of the state.  ((Such)) The maps will be based on a multiparameter, field-verified geographic information system (GIS) logistic regression model. The multiparameter model will be "habitat driven" and will use geomorphic parameters such as basin size, gradient, elevation and other indicators. Water type maps will be updated every five years to better reflect observed, in-field conditions. If on-the-ground observations by an on-site interdisciplinary team using nonlethal methods identifies fish, or if they find that habitat is not accessible due to naturally occurring conditions and no fish reside above the blockage, then a water type change may occur. Water types previously field verified as fish-bearing will not be recategorized as nonfish-habitat. Electro-fishing to prove the presence or absence of fish will no longer affect stream type determinations.

Until the habitat-driven water type maps mentioned above are available, the current maps will continue to be used. These maps shall be available for public inspection at region offices of the department.  The waters will be classified using the following criteria, until the habitat-driven water type maps are available.  If a dispute arises concerning a water type the department shall make available informal conferences, which shall include the departments of fish and wildlife, and ecology, and affected Indian tribes and those contesting the adopted water types.  These conferences shall be established under procedures established in WAC 222-46-020.

*(1) "Type 1 Water" means all waters, within their ordinary high-water mark, as inventoried as "shorelines of the state" under chapter 90.58 RCW and the rules promulgated pursuant to chapter 90.58 RCW, but not including those waters' associated wetlands as defined in chapter 90.58 RCW.

*(2) "Type 2 Water" ((shall)) means segments of natural waters which are not classified as Type 1 Water and have a high fish, wildlife, or human use.  These are segments of natural waters and periodically inundated areas of their associated wetlands, which:

(a) Are diverted for domestic use by more than 100 residential or camping units or by a public accommodation facility licensed to serve more than 100 persons, where such diversion is determined by the department to be a valid appropriation of water and the only practical water source for such users.  Such waters shall be considered to be Type 2 Water upstream from the point of such diversion for 1,500 feet or until the drainage area is reduced by 50 percent, whichever is less;

(b) Are diverted for use by federal, state, tribal or private fish hatcheries. Such waters shall be considered Type 2 Water upstream from the point of diversion for 1,500 feet, including tributaries if highly significant for protection of downstream water quality. The department may allow additional harvest beyond the requirements of Type 2 Water designation provided the department determines after a landowner-requested on-site assessment by the department of fish and wildlife, department of ecology, the affected tribes and interested parties that:

(i) The management practices proposed by the landowner will adequately protect water quality for the fish hatchery; and

(ii) Such additional harvest meets the requirements of the water type designation that would apply in the absence of the hatchery;

(c) Are within a federal, state, local, or private campground having more than 30 camping units: Provided, That the water shall not be considered to enter a campground until it reaches the boundary of the park lands available for public use and comes within 100 feet of a camping unit, trail or other park improvement;

(((c))) (d) Are used by substantial numbers of ((anadromous or resident game)) fish for spawning, rearing or migration.  Waters having the following characteristics are presumed to have highly significant fish populations:

(i) Stream segments having a defined channel 20 feet or greater ((in width between the ordinary high-water marks)) within the bankfull width and having a gradient of less than 4 percent.

(ii) Lakes, ponds, or impoundments having a surface area of 1 acre or greater at seasonal low water; or

(((d))) (e) Are used by salmonids for off-channel habitat.  These areas are critical to the maintenance of optimum survival of juvenile salmonids.  This habitat shall be identified based on the following criteria:

(i) The site must be connected to a stream bearing salmonids and accessible during some period of the year; and

(ii) The off-channel water must be accessible to juvenile salmonids through a drainage with less than a 5% gradient.

*(3) "Type 3 Water" ((shall)) means segments of natural waters which are not classified as Type 1 or 2 Water and have a moderate to slight fish, wildlife, and human use.  These are segments of natural waters and periodically inundated areas of their associated wetlands which:

(a) Are diverted for domestic use by more than 10 residential or camping units or by a public accommodation facility licensed to serve more than 10 persons, where such diversion is determined by the department to be a valid appropriation of water and the only practical water source for such users.  Such waters shall be considered to be Type 3 Water upstream from the point of such diversion for 1,500 feet or until the drainage area is reduced by 50 percent, whichever is less;

(b) Are used by significant numbers of ((anadromous)) fish for spawning, rearing or migration.  ((Waters having the following characteristics are presumed to have significant anadromous fish use:

(i) Stream segments having a defined channel of 5 feet or greater in width between the ordinary high-water marks; and having a gradient of less than 12 percent and not upstream of a falls of more than 10 vertical feet.

(ii) Ponds or impoundments having a surface area of less than 1 acre at seasonal low water and having an outlet to an anadromous fish stream.

(c) Are used by significant numbers of resident game fish.  Waters with the following characteristics are presumed to have significant resident game fish use:))

(i) Waters having the following characteristics are presumed to have fish use:

(A) Stream segments having a defined channel of ((10)) 2 feet or greater ((in width between the ordinary high-water marks; and a summer low flow greater than 0.3 cubic feet per second;)) within the bankfull width in Western Washington; or 3 feet or greater in width within the bankfull width in Eastern Washington; and having a gradient of ((less than 12)) 16 percent or less.

(((ii))) (B) Stream segments having a defined channel of 2 feet or greater within the bankfull width in Western Washington; or 3 feet or greater within the bankfull width in Eastern Washington, and having a gradient greater than 16 percent and less than or equal to 20 percent, and having greater than 50 acres in contributing basin size in Western Washington or greater than 175 acres contributing basin size in Eastern Washington, based on hydrographic boundaries;

(C) Ponds or impoundments having a surface area of less than 1 acre at seasonal low water and having an outlet to a fish stream;

(D) Ponds or impoundments having a surface area greater than 0.5 acre at seasonal low water((; or)).

(((d) Are highly significant for protection of downstream water quality.  Tributaries which contribute greater than 20 percent of the flow to a Type 1 or 2 Water are presumed to be significant for 1,500 feet from their confluence with the Type 1 or 2 Water or until their drainage area is less than 50 percent of their drainage area at the point of confluence, whichever is less.)) (ii) The department shall waive or modify the characteristics in (i) of this subsection where:

(A) Waters have confirmed, long term, naturally occurring water quality parameters incapable of supporting fish;

(B) Snowmelt streams have short flow cycles that do not support successful life history phases of fish. These streams typically have no flow in the winter months and discontinue flow by June 1; or

(C) Sufficient information about a geographic region is available to support a departure from the characteristics in (i) of this subsection, as determined in consultation with the department of fish and wildlife, department of ecology, affected tribes and interested parties.

*(4) "Type 4 Water" ((classification shall be applied to segments of natural waters which are not classified as Type 1, 2 or 3, and for the purpose of protecting water quality downstream are classified as Type 4 Water upstream until the channel width becomes less than 2 feet in width between the ordinary high-water marks.  Their significance lies in their influence on water quality downstream in Type 1, 2, and 3 Waters.  These may be perennial or intermittent.)) means all segments of natural waters within the bankfull width of defined channels that are not Type 1, 2 or 3 Waters and which are perennial waters of nonfish-bearing streams. Perennial waters means waters downstream from a perennial initiation point. (See board manual, section 13, for the protocol for defining the upper extent of a perennial stream.)

If the point of initiation of perennial flow using indicators such as nonmigrating seeps or springs cannot be identified with simple, nontechnical observations, then the following shall apply:

(a) Western Washington Type 4 Waters are perennial streams if their basin size is greater than the following minimums:

(i) 13 Acres in the coastal zone (which corresponds to the Sitka spruce zone defined in Franklin and Dyrness, 1973); or

(ii) 52 Acres for all other Western Washington locations.

(b) Eastern Washington Type 4 Waters are perennial streams if their basin size is greater than 300 acres.

*(5) "Type 5 Waters" ((classification shall be applied to all natural waters not classified as Type 1, 2, 3 or 4; including streams with or without well-defined channels, areas of perennial or intermittent seepage, ponds, natural sinks and drainageways having short periods of spring or storm runoff.)) include all segments of natural waters within the bankfull width of defined channels that are not Type 1, 2, 3 or 4 Waters and which are seasonal nonfish bearing streams. "Seasonal stream" means those streams that are not perennial but are physically connected by a defined channel system to downstream waters so that water or sediment initially delivered to these waters may eventually be delivered to a Type 1, 2, 3 or 4 Water.

*(6) For purposes of this section:

(a) "Residential unit" means a home, apartment, residential condominium unit or mobile home, serving as the principal place of residence.

(b) "Camping unit" means an area intended and used for:

(i) Overnight camping or picnicking by the public containing at least a fireplace, picnic table and access to water and sanitary facilities; or

(ii) A permanent home or condominium unit or mobile home not qualifying as a "residential unit" because of part time occupancy.

(c) "Resident game fish" means game fish as described in the Washington game code that spend their life cycle in fresh water.  Steelhead, searun cutthroat and Dolly Varden trout are anadromous game fish and should not be confused with resident game fish.

(d) "Public accommodation facility" means a business establishment open to and licensed to serve the public, such as a restaurant, tavern, motel or hotel.

(e) "Natural waters" only excludes water conveyance systems which are artificially constructed and actively maintained for irrigation.

(f) "Seasonal low flow" and "seasonal low water" mean the conditions of the 7-day, 2-year low water situation, as measured or estimated by accepted hydrologic techniques recognized by the department.

(g) "Channel width and gradient" means a measurement over a representative section of at least 500 linear feet with at least 10 evenly spaced measurement points along the normal stream channel but excluding unusually wide areas of negligible gradient such as marshy or swampy areas, beaver ponds and impoundments.  Channel gradient may be determined utilizing stream profiles plotted from United States geological survey topographic maps.

(h) "Intermittent streams" means those segments of streams that normally go dry.

[Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW.  97-24-091, 222-16-030, filed 12/3/97, effective 1/3/98.  Statutory Authority: RCW 76.09.040, 76.09.170 and chapter 34.05 RCW.  94-01-134, 222-16-030, filed 12/20/93, effective 1/1/94.  Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW.  92-15-011, 222-16-030, filed 7/2/92, effective 8/2/92.  Statutory Authority: RCW 76.09.040.  87-23-036 (Order 535), 222-16-030, filed 11/16/87, effective 1/1/88; Order 263, 222-16-030, filed 6/16/76.]


AMENDATORY SECTION(Amending WSR 97-24-091, filed 12/3/97, effective 1/3/98)

WAC 222-16-035
Wetland typing system.

*The department in cooperation with the departments of fish and wildlife, and ecology, and affected Indian tribes shall classify wetlands.  The wetlands will be classified in order to distinguish those which require wetland management zones and those which do not.  Wetlands which require wetland management zones shall be identified using the following criteria.  ((Accurate delineation of wetlands in accordance with the manual shall be required only where necessary to determine whether replacement by substitution or enhancement is required pursuant to WAC 222-24-025(10) and shall be limited to the area of wetland proposed to be filled.  For the purposes of determining acreage to classify or type wetlands under this section, approximate determination using aerial photographs and maps, including the national wetlands inventory, shall be sufficient.  In addition, the innermost boundary of the wetland management zone on Type A or B wetlands may be determined by either of two methods: Delineation of the wetland edge, or identifying the point where the crown cover changes from less than 30% to 30% or more.  Except where necessary to determine whether replacement by substitution or enhancement is required pursuant to WAC 222-24-025(10), accurate delineation shall not be required under this Title 222 WAC for activities regulated by these rules, including but not limited to the location of roads, landings, culverts, and cross drains.  Landowners are encouraged to leave vegetation in these forested wetlands in undisturbed leave areas where possible.  When so requested by any affected landowners, applicant or aggrieved person, the department shall make available informal conferences, which shall include the departments of fish and wildlife, and ecology, and affected Indian tribes and those contesting the adopted wetland types.  These conferences shall be established under procedures established in WAC 222-46-020.))

*(1) "Nonforested wetlands" means any wetland or portion thereof that has, or if the trees were mature would have, a crown closure of less than 30 percent.

(a) "Type A Wetland" classification shall be applied to all nonforested wetlands which:

(i) Are greater than 0.5 acre in size, including any acreage of open water where the water is completely surrounded by the wetland; and

(ii) Are associated with at least 0.5 acre of ponded or standing open water.  The open water must be present on the site for at least 7 consecutive days between April 1 and October 1 to be considered for the purposes of these rules; or

(b) "Type B Wetland" classification shall be applied to all other nonforested wetlands greater than 0.25 acre.

*(2) "Forested wetland" means any wetland or portion thereof that has, or if the trees were mature would have, a crown closure of 30 percent or more.

*(3) "All forested and nonforested bogs" greater than 0.25 acres shall be considered Type A Wetlands.

*(4) For the purposes of determining acreage to classify or type wetlands under this section, approximate determination using aerial photographs and maps, including the national wetlands inventory, shall be sufficient. In addition, the innermost boundary of the wetland management zone on Type A or B Wetlands may be determined by either of two methods: Delineation of the wetland edge, or identifying the point where the crown cover changes from less than 30 percent to 30 percent or more.

*(5) Landowners are encouraged to leave vegetation in these forested wetlands in undisturbed leave areas where possible.

*(6) When so requested by any affected landowners, applicant or aggrieved person, the department shall make available informal conferences, which shall include the departments of fish and wildlife, and ecology, and affected Indian tribes and those contesting the adopted wetland types. These conferences shall be established under procedures established in WAC 222-46-020.

[Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW.  97-24-091, 222-16-035, filed 12/3/97, effective 1/3/98; 94-17-033, 222-16-035, filed 8/10/94, effective 8/13/94.  Statutory Authority: RCW 76.09.040, 76.09.170 and chapter 34.05 RCW.  94-01-134, 222-16-035, filed 12/20/93, effective 1/1/94.  Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW.  92-15-011, 222-16-035, filed 7/2/92, effective 8/2/92.]


NEW SECTION
WAC 222-16-036
Wetland delineation.

Accurate delineation of wetlands is required in connection with any forest practices application where the proposed activities relate to timber harvest or road construction.

*(1) Landowners must map all forested wetlands and Type A and B Wetlands where more than one-tenth (0.1) acre of such wetlands will be impacted by filling and where mitigation for such filling is required.

*(2) Landowners must map all forested wetlands (regardless of size) that are associated with an affected riparian management zone, including those parts of the forested wetlands that lie within the harvest unit but outside of the riparian management zone.

*(3) Landowners must map all forested wetlands within the boundaries of the land to be covered by the application that are 3 acres or more in size.

*(4) All such mapping must be performed to the wetland delineation and mapping standards outlined in the board manual, section 8.

[]


AMENDATORY SECTION(Amending WSR 98-07-047, filed 3/13/98, effective 5/1/98)

WAC 222-16-050
Classes of forest practices.

There are 4 classes of forest practices created by the act.   All forest practices (including those in Classes I and II) must be conducted in accordance with the forest practices regulations.

(1) "Class IV - special." Application to conduct forest practices involving the following circumstances requires an environmental checklist in compliance with the State Environmental Policy Act (SEPA), and SEPA guidelines, as they have been determined to have potential for a substantial impact on the environment.  It may be determined that additional information or a detailed environmental statement is required before these forest practices may be conducted.

*(a) Aerial application of pesticides in a manner identified as having the potential for a substantial impact on the environment under WAC 222-16-070 or ground application of a pesticide within a Type A or B wetland.

(b) Specific forest practices listed in WAC 222-16-080 on lands designated as:

(i) Critical wildlife habitat (state) of threatened or endangered species; or

(ii) Critical habitat (federal) of threatened or endangered species except those excluded by the board under WAC 222-16-080(3).

(c) Harvesting, road construction, aerial application of pesticides and site preparation on all lands within the boundaries of any national park, state park, or any park of a local governmental entity, except harvest of less than 5 MBF within any developed park recreation area and park managed salvage of merchantable forest products.

*(d) ((Construction of roads, landings, rock quarries, gravel pits, borrow pits, and spoil disposal areas on slide prone areas as defined in WAC 222-24-020(6) and field verified by the department, in a watershed administrative unit that has not undergone a watershed analysis under chapter 222-22 WAC, when such slide prone areas occur on an uninterrupted slope above water typed pursuant to WAC 222-16-030, Type A or Type B Wetland, or capital improvement of the state or its political subdivisions where there is potential for a substantial debris flow or mass failure to cause significant impact to public resources.

*(e) Timber harvest in a watershed administrative unit that has not undergone a watershed analysis under chapter 222-22 WAC, on slide prone areas, field verified by the department, where soils, geologic structure, and local hydrology indicate that canopy removal has the potential for increasing slope instability, when such areas occur on an uninterrupted slope above any water typed pursuant to WAC 222-16-030, Type A or Type B Wetland, or a capital improvement of the state or its political subdivisions where there is a potential for a substantial debris flow or mass failure to cause significant impact to public resources.

(f))) Timber harvest, or construction of roads, landings, gravel pits, rock quarries, or spoil disposal areas, on potentially unstable slopes or landforms that has the potential to deliver sediment or debris to a public resource in a manner that could threaten public safety, as field verified by the department.

(i) The potentially unstable slopes or landforms are:

(A) Inner gorges, convergent headwalls, or bedrock hollows with slopes steeper than 35 (70%);

(B) Toes of deep-seated landslides, with slopes steeper than 33 (65%);

(C) Ground water recharge areas for glacial deep-seated landslides;

(D) Outer edges of meander bends along valley walls or high terraces of an unconfined meandering stream; or

(E) Any areas containing features indicating the presence of potential slope instability which cumulatively indicate the presence of unstable slopes.

(ii) The department will base its classification decision on professional knowledge of the area, reports or other information provided by the applicant or other resources such as soils, geologic or hazard zonation maps. Except that an application would not be classified as Class IV-Special for potentially unstable slopes or landforms under this subsection if:

(A) The proposed forest practice is located within a WAU that is subject to an approved watershed analysis;

(B) The forest practices are to be conducted in accordance with an approved prescription from the watershed analysis (or as modified through the 5-year review process); and

(C) The applicable prescription is specific to the site or situation, as opposed to a prescription that calls for additional analysis. The need for an expert to determine whether the site contains specific landforms will not be considered "additional analysis," as long as specific prescriptions are established for such landforms.

(e) Timber harvest, in a watershed administrative unit that has not undergone a watershed analysis under chapter 222-22 WAC, construction of roads, landings, rock quarries, gravel pits, borrow pits, and spoil disposal areas on snow avalanche slopes within those areas designated by the department, in consultation with department of transportation, as high avalanche hazard.

(((g))) (f) Timber harvest, construction of roads, landings, rock quarries, gravel pits, borrow pits, and spoil disposal areas on archaeological or historic sites registered with the Washington state office of archaeology and historic preservation, or on sites containing evidence of Native American cairns, graves, or glyptic records, as provided for in chapters 27.44 and 27.53 RCW.  The department shall consult with affected Indian tribes in identifying such sites.

((*(h))) *(g) Forest practices subject to a watershed analysis conducted under chapter 222-22 WAC in an area of resource sensitivity identified in that analysis which deviates from the prescriptions (which may include an alternate plan) in the watershed analysis.

((*(i))) *(h) Filling or draining of more than 0.5 acre of a wetland.

(2) "Class IV - general." Applications involving the following circumstances are "Class IV - general" forest practices unless they are listed in "Class IV - special." Upon receipt of an application, the department will determine the lead agency for purposes of compliance with the State Environmental Policy Act pursuant to WAC 197-11-924 and 197-11-938(4) and RCW 43.21C.037(2).  Such applications are subject to a 30-day period for approval unless the lead agency determines a detailed statement under RCW 43.21C.030 (2)(c) is required.  Upon receipt, if the department determines the application is for a proposal that will require a license from a county/city acting under the powers enumerated in RCW 76.09.240, the department shall notify the applicable county/city under WAC 197-11-924 that the department has determined according to WAC 197-11-938(4) that the county/city is the lead agency for purposes of compliance with State Environmental Policy Act.

(a) Forest practices (other than those in Class I) on lands platted after January 1, 1960, or on lands being converted to another use.

(b) Forest practices which would otherwise be Class III, but which are taking place on lands which are not to be reforested because of likelihood of future conversion to urban development.  (See WAC 222-16-060 and 222-34-050.)

(3) "Class I." Those operations that have been determined to have no direct potential for damaging a public resource are Class I forest practices.  When the conditions listed in "Class IV - Special" are not present, these operations may be commenced without notification or application.

(a) Culture and harvest of Christmas trees and seedlings.

*(b) Road maintenance except: (i) Replacement of bridges and culverts across Type 1, 2, 3 or flowing Type 4 Waters; or (ii) movement of material that has a direct potential for entering Type 1, 2, 3 or flowing Type 4 Waters or Type A or B Wetlands.

*(c) Construction of landings less than 1 acre in size, if not within a shoreline area of a Type 1 Water, the riparian management zone of a Type 2 or 3 Water, the ordinary high-water mark of a Type 4 Water, a wetland management zone, a wetland, or the CRGNSA special management area.

*(d) Construction of less than 600 feet of road on a sideslope of 40 percent or less if the limits of construction are not within the shoreline area of a Type 1 Water, the riparian management zone of a Type 2 or Type 3 Water, the ordinary high-water mark of a Type 4 Water, a wetland management zone, a wetland, or the CRGNSA special management area.

*(e) Installation or removal of a portable water crossing structure where such installation does not take place within the shoreline area of a Type 1 Water and does not involve disturbance of the beds or banks of any waters.

*(f) Initial installation and replacement of relief culverts and other drainage control facilities not requiring a hydraulic permit.

(g) Rocking an existing road.

(h) Loading and hauling timber from landings or decks.

(i) Precommercial thinning and pruning, if not within the CRGNSA special management area.

(j) Tree planting and seeding.

(k) Cutting and/or removal of less than 5,000 board feet of timber (including live, dead and down material) for personal use (i.e., firewood, fence posts, etc.) in any 12-month period, if not within the CRGNSA special management area.

(l) Emergency fire control and suppression.

(m) Slash burning pursuant to a burning permit (RCW 76.04.205).

*(n) Other slash control and site preparation not involving either off-road use of tractors on slopes exceeding 40 percent or off-road use of tractors within the shorelines of a Type 1 Water, the riparian management zone of any Type 2 or 3 Water, or the ordinary high-water mark of a Type 4 Water, a wetland management zone, a wetland, or the CRGNSA special management area.

*(o) Ground application of chemicals, if not within the CRGNSA special management area.  (See WAC 222-38-020 and 222-38-030.)

*(p) Aerial application of chemicals (except insecticides), outside of the CRGNSA special management area when applied to not more than 40 contiguous acres if the application is part of a combined or cooperative project with another landowner and where the application does not take place within 100 feet of lands used for farming, or within 200 feet of a residence, unless such farmland or residence is owned by the forest landowner.  Provisions of chapter 222-38 WAC shall apply.

(q) Forestry research studies and evaluation tests by an established research organization.

*(r) Any of the following if none of the operation or limits of construction takes place within the shoreline area of a Type 1 Water or the riparian management zone of a Type 2 or 3 Water, the ordinary high-water mark of a Type 4 Water or flowing Type 5 Water, or within the CRGNSA special management area and the operation does not involve off-road use of tractor or wheeled skidding systems on a sideslope of greater than 40 percent:

(i) Any forest practices within the boundaries of existing golf courses.

(ii) Any forest practices within the boundaries of existing cemeteries which are approved by the cemetery board.

(iii) Any forest practices involving a single landowner where contiguous ownership is less than two acres in size.

(s) Removal of beaver structures from culverts on active and inactive roads.  A hydraulics project approval from the Washington department of fish and wildlife may be required.

(4) "Class II." Certain forest practices have been determined to have a less than ordinary potential to damage a public resource and may be conducted as Class II forest practices: Provided, That no forest practice enumerated below may be conducted as a Class II forest practice if the operation requires a hydraulic project approval (RCW 75.20.100) or is within a "shorelines of the state," or involves a bond in lieu of landowners signature (other than renewals).  Such forest practices require an application.  No forest practice enumerated below may be conducted as a "Class II" forest practice if it takes place on lands platted after January 1, 1960, or on lands being converted to another use.  Such forest practices require a Class IV application.  Class II forest practices are the following:

(a) Renewal of a prior Class II notification where no change in the nature and extent of the forest practices is required under rules effective at the time of renewal.

(b) Renewal of a previously approved Class III or IV forest practice application where:

(i) No modification of the uncompleted operation is proposed;

(ii) No notices to comply, stop work orders or other enforcement actions are outstanding with respect to the prior application; and

(iii) No change in the nature and extent of the forest practice is required under rules effective at the time of renewal. Renewal of a previously approved multiyear permit for forest practices within a WAU with an approved watershed analysis requires completion of a necessary 5-year review of the watershed analysis.

*(c) Any of the following if none of the operation or limits of construction takes place within the riparian management zone of a Type 2 or 3 Water, within the ordinary high-water mark of a Type 4 Water, within a wetland management zone, within a wetland, or within the CRGNSA special management area:

(i) Construction of advance fire trails.

(ii) Opening a new pit of, or extending an existing pit by, less than 1 acre.

*(d) Any of the following if none of the operation or limits of construction takes place within the riparian management zone of a Type 2 or 3 Water, within the ordinary high-water mark of a Type 4 Water, within a wetland management zone or within a wetland; and if none of the operations involve off-road use of tractor or wheeled skidding systems on a sideslope of greater than 40 percent:

Salvage of logging residue.

*(e) Any of the following if none of the operation or limits of construction takes place within the riparian management zone of a Type 2 or 3 Water, within the ordinary high-water mark of a Type 4 Water, within a wetland management zone, within a wetland, or within the CRGNSA special management area, and if none of the operations involve off-road use of tractor or wheeled skidding systems on a sideslope of greater than 40 percent, and if none of the operations are located on lands with a likelihood of future conversion (see WAC 222-16-060):

(i) West of the Cascade summit, partial cutting of 40 percent or less of the live timber volume.

(ii) East of the Cascade summit, partial cutting of 5,000 board feet per acre or less.

(iii) Salvage of dead, down, or dying timber if less than 40 percent of the total timber volume is removed in any 12-month period.

(iv) Any harvest on less than 40 acres.

(v) Construction of 600 or more feet of road, provided that the department shall be notified at least 2 business days before commencement of the construction.

(5) "Class III." Forest practices not listed under Classes IV, I or II above are "Class III" forest practices.  Among Class III forest practices are the following:

(a) Those requiring hydraulic project approval (RCW 75.20.100).

*(b) Those within the shorelines of the state other than those in a Class I forest practice.

*(c) Aerial application of insecticides, except where classified as a Class IV forest practice.

*(d) Aerial application of chemicals (except insecticides), except where classified as Class I or IV forest practices.

*(e) Harvest or salvage of timber except where classed as Class I, II or IV forest practices.

*(f) All road construction and reconstruction except as listed in Classes I, II and IV forest practices.

(g) Opening of new pits or extensions of existing pits over 1 acre.

*(h) Road maintenance involving:

(i) Replacement of bridges or culverts across Type 1, 2, 3, or flowing Type 4 Waters; or

(ii) Movement of material that has a direct potential for entering Type 1, 2, 3 or flowing Type 4 Waters or Type A or B Wetlands.

(i) Operations involving an applicant's bond in lieu of a landowner's signature.

(j) Site preparation or slash abatement not listed in Classes I or IV forest practices.

(k) Harvesting, road construction, site preparation or aerial application of pesticides on lands which contain cultural, historic or archaeological resources which, at the time the application or notification is filed, are:

(i) On or are eligible for listing on the National Register of Historic Places; or

(ii) Have been identified to the department as being of interest to an affected Indian tribe.

(l) Harvesting exceeding 19 acres in a designated difficult regeneration area.

(m) Utilization of an alternate plan.  See WAC 222-12-040.

*(n) Any filling of wetlands, except where classified as Class IV forest practices.

*(o) Multiyear permits.

[Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW.  98-07-047, 222-16-050, filed 3/13/98, effective 5/1/98; 97-24-091, 222-16-050, filed 12/3/97, effective 1/3/98; 93-12-001, 222-16-050, filed 5/19/93, effective 6/19/93.  Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW.  92-15-011, 222-16-050, filed 7/2/92, effective 8/2/92.  Statutory Authority: RCW 76.09.040, 76.09.050 and 34.05.350.  91-23-052, 222-16-050, filed 11/15/91, effective 12/16/91.  Statutory Authority: RCW 76.09.040.  88-19-112 (Order 551, Resolution No. 88-1), 222-16-050, filed 9/21/88, effective 11/1/88; 87-23-036 (Order 535), 222-16-050, filed 11/16/87, effective 1/1/88.  Statutory Authority: RCW 76.09.040 and 76.09.050.  82-16-077 (Resolution No. 82-1), 222-16-050, filed 8/3/82, effective 10/1/82; Order 263, 222-16-050, filed 6/16/76.]


AMENDATORY SECTION(Amending WSR 97-24-091, filed 12/3/97, effective 1/3/98)

WAC 222-16-080
Critical wildlife habitats (state) and critical habitat (federal) of threatened and endangered species.

(1) Critical wildlife habitats (state) of threatened or endangered species and specific forest practices designated as Class IV-Special are as follows:

(a) Bald eagle - harvesting, road construction, aerial application of pesticides, or site preparation within 0.5 mile of a known active nest site, documented by the department of fish and wildlife, between the dates of January 1 and August 15 or 0.25 mile at other times of the year; and within 0.25 mile of a communal roosting site.  Communal roosting sites shall not include refuse or garbage dumping sites.

(b) Gray wolf - harvesting, road construction, or site preparation within 1 mile of a known active den site, documented by the department of fish and wildlife, between the dates of March 15 and July 30 or 0.25 mile from the den site at other times of the year.

(c) Grizzly bear - harvesting, road construction, aerial application of pesticides, or site preparation within 1 mile of a known active den site, documented by the department of fish and wildlife, between the dates of October 1 and May 30 or 0.25 mile at other times of the year.

(d) Mountain caribou - harvesting, road construction, aerial application of pesticides, or site preparation within 0.25 mile of a known active breeding area, documented by the department of fish and wildlife.

(e) Oregon silverspot butterfly - harvesting, road construction, aerial or ground application of pesticides, or site preparation within 0.25 mile of an individual occurrence, documented by the department of fish and wildlife.

(f) Peregrine falcon - harvesting, road construction, aerial application of pesticides, or site preparation within 0.5 mile of a known active nest site, documented by the department of fish and wildlife, between the dates of March 1 and July 30; or harvesting, road construction, or aerial application of pesticides within 0.25 mile of the nest site at other times of the year.

(g) Sandhill crane - harvesting, road construction, aerial application of pesticides, or site preparation within 0.25 mile of a known active nesting area, documented by the department of fish and wildlife.

(h) Northern spotted owl - the following shall apply through June 30, 1996: Harvesting, road construction, or aerial application of pesticides on the most suitable 500 acres of nesting, roosting, and foraging habitat surrounding the northern spotted owl site center.  The most suitable habitat shall be determined by the department in cooperation with the department of fish and wildlife, tribes, and others with applicable expertise.  Consideration shall be given to habitat quality, proximity to the activity center and contiguity in selecting the most suitable 500 acres of habitat.

Beginning July 1, 1996, the following shall apply for the northern spotted owl:

(i) Within a SOSEA boundary (see maps in WAC 222-16-086), except as indicated in (h)(ii) of this subsection, harvesting, road construction, or aerial application of pesticides on suitable spotted owl habitat within a median home range circle that is centered within the SOSEA or on adjacent federal lands.

(ii) Within the Entiat SOSEA, harvesting, road construction, or aerial application of pesticides within the areas indicated for demographic support (see WAC 222-16-086(2)) on suitable spotted owl habitat located within a median home range circle that is centered within the demographic support area.

(iii) Outside of a SOSEA, harvesting, road construction, or aerial application of pesticides, between March 1 and August 31 on the seventy acres of highest quality suitable spotted owl habitat surrounding a northern spotted owl site center located outside a SOSEA.  The highest quality suitable habitat shall be determined by the department in cooperation with the department of fish and wildlife.  Consideration shall be given to habitat quality, proximity to the activity center and contiguity.

(iv) Small parcel northern spotted owl exemption.  Forest practices proposed on the lands owned or controlled by a landowner whose forest land ownership within the SOSEA is less than or equal to 500 acres and where the forest practice is not within 0.7 mile of a northern spotted owl site center shall not be considered to be on lands designated as critical wildlife habitat (state) for northern spotted owls.

(i) Western pond turtle - harvesting, road construction, aerial application of pesticides, or site preparation within 0.25 mile of a known individual occurrence, documented by the department of wildlife.

(j) Marbled murrelet.

(i) Harvesting, other than removal of down trees outside of the critical nesting season, or road construction within an occupied marbled murrelet site.

(ii) Harvesting, other than removal of down trees outside of the critical nesting season, or road construction within suitable marbled murrelet habitat within a marbled murrelet detection area.

(iii) Harvesting, other than removal of down trees outside of the critical nesting season, or road construction within suitable marbled murrelet habitat containing 7 platforms per acre outside a marbled murrelet detection area.

(iv) Harvesting, other than removal of down trees outside of the critical nesting season, or road construction outside a marbled murrelet detection area within a marbled murrelet special landscape and within suitable marbled murrelet habitat with 5 or more platforms per acre.

(v) Harvesting within a 300 foot managed buffer zone adjacent to an occupied marbled murrelet site that results in less than a residual stand stem density of 75 trees per acre greater than 6 inches in dbh; provided that 25 of which shall be greater than 12 inches dbh including 5 trees greater than 20 inches in dbh, where they exist.  The primary consideration for the design of managed buffer zone widths and leave tree retention patterns shall be to mediate edge effects.  The width of the buffer zone may be reduced in some areas to a minimum of 200 feet and extended to a maximum of 400 feet as long as the average of 300 feet is maintained.

(vi) Except that the following shall not be critical wildlife habitat (state):

(A) Where a landowner owns less than 500 acres of forest land within 50 miles of saltwater and the land does not contain an occupied marbled murrelet site; or

(B) Where a protocol survey (see WAC 222-12-090(14)) has been conducted and no murrelets were detected.  The landowner is then relieved from further survey requirements.  However, if an occupied marbled murrelet site is established, this exemption is void.

(2) The following critical habitats (federal) designated by the United States Secretary of the Interior or Commerce, or specific forest practices within those habitats, have been determined to not have the potential for a substantial impact on the environment:

Marbled murrelet critical habitat 50 C.F.R.  17.95(b), 61 Fed. Reg. 26256 as a result of provisions of the state's marbled murrelet rule.

(3) For the purpose of identifying forest practices which have the potential for a substantial impact on the environment with regard to threatened or endangered species newly listed by the Washington fish and wildlife commission and/or the United States Secretary of the Interior or Commerce, the department shall after consultation with the department of fish and wildlife, prepare and submit to the board a proposed list of critical wildlife habitats (state) of threatened or endangered species.  This list shall be submitted to the board within 15 days of the listing of the species.  The department shall, at a minimum, consider potential impacts of forest practices on habitats essential to meeting the life requisites for each species listed as threatened or endangered.  Those critical wildlife habitats (state) adopted by the board shall be added to the list in subsection (1) of this section.  See WAC 222-16-050 (1)(b)(i).

(4) For the purpose of identifying any areas and/or forest practices within critical habitats (federal) designated by the United States Secretary of the Interior or Commerce which do not have the potential for a substantial impact on the environment, the department shall, after consultation with the department of fish and wildlife, submit to the board a proposed list of any forest practices and/or areas proposed for exclusion from Class IV - special forest practices.  The department shall submit the list to the board within 120 days of the date the United States Secretary of the Interior or Commerce publishes a final rule designating critical habitat (federal) in the Federal Register.  Those critical habitats excluded by the board from Class IV - Special shall be added to the list in subsection (2) of this section.  See WAC 222-16-050 (1)(b)(ii).

(5)(a) Except for bald eagles under subsection (1)(a) of this section, the critical wildlife habitats (state) of threatened and endangered species and specific forest practices designated in subsection (1) of this section are intended to be interim.  These interim designations shall expire for a given species on the earliest of:

(i) The effective date of a regulatory system for wildlife protection referred to in (b) of this subsection or of substantive rules on the species.

(ii) The delisting of a threatened or endangered species by the Washington fish and wildlife commission.

(b) The board shall examine current wildlife protection and department authority to protect wildlife and develop and recommend a regulatory system, including baseline rules for wildlife protection.  To the extent possible, this system shall:

(i) Use the best science and management advice available;

(ii) Use a landscape approach to wildlife protection;

(iii) Be designed to avoid the potential for substantial impact to the environment;

(iv) Protect known populations of threatened and endangered species of wildlife from negative effects of forest practices consistent with RCW 76.09.010; and

(v) Consider and be consistent with recovery plans adopted by the department of fish and wildlife pursuant to RCW 77.12.020(6) or habitat conservation plans or 16 U.S.C. 1533(d) rule changes of the Endangered Species Act.

(6) Regardless of any other provision in this section, forest practices applications shall not be classified as Class IV-Special based on critical wildlife habitat (state) (WAC 222-16-080(1)) or critical habitat (federal) (WAC 222-16-050 (1)(b)(ii)) for a species. If the forest practices are consistent with one or more of the following ((proposed for protection of the species)):

(a) ((A habitat conservation plan and permit or an incidental take statement covering such species approved by the Secretary of the Interior or Commerce pursuant to 16 U.S.C. 1536 (b) or 1539 (a); an "unlisted species agreement" covering such species approved by the U.S. Fish and Wildlife Service or National Marine Fisheries Service; or a "no-take letter" or other cooperative or conservation agreement entered into with a federal or state fish and wildlife agency pursuant to its statutory authority for fish and wildlife protection that addresses the needs of the affected species and that is subject to review under the National Environmental Protection Act, 42 U.S.C. 4321 et seq., or the State Environmental Policy Act, chapter 43.21C RCW, as applicable;)) Documents addressing the needs of the affected species so long as the documents have been reviewed under the National Environmental Policy Act, 42 U.S.C. section 4321 et seq.:

(i) A habitat conservation plan and permit; or an incidental take statement covering such species approved by the Secretary of the Interior or Commerce pursuant to 16 U.S.C. 1536 (b) or 1539 (a); or

(ii) An "unlisted species agreement" covering such species approved by the U.S. Fish and Wildlife Service or National Marine Fisheries Service; or

(b) Documents addressing the needs of the affected species so long as they have been reviewed under the State Environmental Policy Act;

(i) A landscape management plan; or

(ii) Another cooperative or conservation agreement entered into with a state resource agency pursuant to its statutory authority for fish and wildlife protection;

(c) A rule adopted by the U.S. Fish and Wildlife Service for the conservation of a particular threatened species pursuant to 16 U.S.C. 1533(d);

(((c))) (d) A special wildlife management plan (SWMP) developed by the landowner and approved by the department in consultation with the department of fish and wildlife;

(((d))) (e) A bald eagle management plan approved under WAC 232-12-292;

(((e))) (f) A landowner option plan (LOP) for northern spotted owls developed pursuant to WAC 222-16-100(1); or

(((f))) (g) A cooperative habitat enhancement agreement (CHEA) developed pursuant to WAC 222-16-105.

In those situations where one of the options above has been used, forest practices applications may still be classified as Class IV-Special based upon the presence of one or more of the factors listed in WAC 222-16-050(1), other than critical wildlife habitat (state) or critical habitat (federal) for the species covered by the existing plan.

(7) The department, in consultation with the department of fish and wildlife, shall review each SOSEA to determine whether the goals for that SOSEA are being met through approved plans, permits, statements, letters, or agreements referred to in subsection (6) of this section.  Based on the consultation, the department shall recommend to the board the suspension, deletion, modification or reestablishment of the applicable SOSEA from the rules.  The department shall conduct a review for a particular SOSEA upon approval of a landowner option plan, a petition from a landowner in the SOSEA, or under its own initiative.

(8) The department, in consultation with the department of fish and wildlife, shall report annually to the board on the status of the northern spotted owl to determine whether circumstances exist that substantially interfere with meeting the goals of the SOSEAs.

[Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW.  97-24-091, 222-16-080, filed 12/3/97, effective 1/3/98; 97-15-105, 222-16-080, filed 7/21/97, effective 8/21/97.  Statutory Authority: Chapters 76.09 and 34.05 RCW.  96-12-038, 222-16-080, filed 5/31/96, effective 7/1/96.  Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW.  93-12-001, 222-16-080, filed 5/19/93, effective 6/19/93.  Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW.  92-15-011, 222-16-080, filed 7/2/92, effective 8/2/92.]

OTS-3468.1


AMENDATORY SECTION(Amending WSR 98-07-047, filed 3/13/98, effective 5/1/98)

WAC 222-20-010
Applications and notifications--Policy.

(1) No Class II, III or IV forest practices shall be commenced or continued unless the department has received a notification for Class II forest practices, or approved an application for Class III or IV forest practices pursuant to the act.  Where the time limit for the department to act on the application has expired, and none of the conditions in WAC 222-20-020(1) exist, the operation may commence. (NOTE: OTHER LAWS AND REGULATIONS AND/OR PERMIT REQUIREMENTS MAY APPLY.  SEE CHAPTER 222-50 WAC.)

(2) The department shall prescribe the form and contents of the notification and application, which shall specify what information is needed for a notification, and the information required for the department to approve or disapprove the application.

(3) Applications and notifications for operations not converting to another use shall be signed by the landowner, the timber owner and the operator, or the operator and accompanied by a consent form signed by the timber owner and the landowner.  A consent form may be another document if it is signed by the landowner(s) and it contains a statement acknowledging that he/she is familiar with the Forest Practices Act, including the provisions dealing with conversion to another use (RCW 76.09.060(3)).  Where the application is not signed by the landowner, the department shall, provided all the other requirements contained in chapter 222-20 WAC are met, approve the application without the signature of the landowner if:

(a) The operator or timber owner provides legal evidence of timber rights, ownership, or other legal rights;

(b) The timber owner or operator posts a bond, in an amount determined by and a form acceptable to the department, securing compliance with the requirements of the forest practices regulations; and

(c) The operator or timber owner provides evidence of reasonably advance notification to the landowner of the proposed forest practice and that the landowner has been requested to sign the application, a copy of which has been made available to the landowner: Provided, That in lieu of such evidence the applicant may submit a sworn statement indicating inability to locate the landowner after a reasonable good faith attempt to locate and notify the landowner of the proposed forest practice.

(4) Where an application for a conversion is not signed by the landowner or accompanied by a consent form, as outlined in subsection (3) of this section, the department shall not approve the application.  Applications and notifications for the development or maintenance of utility rights of way shall not be considered to be conversions.

(5) Transfer of the approved application or notification to a new landowner, timber owner or operator requires written notice by the original landowner or applicant to the department and should include the original application or notification number.  This written notice shall be in a form acceptable to the department and shall contain an affirmation signed by the new landowner, timber owner, or operator, as applicable, that he/she agrees to be bound by all conditions on the approved application or notification.  In the case of a transfer of an application previously approved without the landowner's signature the new timber owner or operator must submit a bond securing compliance with the requirements of the forest practices regulations as determined necessary by the department.  If an application or notification indicates that the landowner or timber owner is also the operator, or an operator signed the application, no notice need be given regarding any change in subcontractors or similar independent contractors working under the supervision of the operator of record.

(6) Applications and notifications must be delivered to the department at the appropriate region office.  Delivery should be in person or by registered or certified mail.

(7) Applications and notifications shall be considered received on the date and time shown on any registered or certified mail receipt, or the written receipt given at the time of personal delivery, or at the time of receipt by general mail delivery.  Applications or notifications that are not complete, or are inaccurate will not be considered officially received until the applicant furnishes the necessary information to complete the application.  A review statement from the U.S. Forest Service that evaluates compliance of the forest practices with the CRGNSA special management area guidelines is necessary information for an application or notification within the CRGNSA special management area. The review statement requirement shall be waived if the applicant can demonstrate the U.S. Forest Service received a complete plan application and failed to act within 45 days. An environmental checklist (WAC 197-11-315) is necessary information for all Class IV applications.  A local government entity clearing and/or grading permit is necessary information for all Class IV applications on lands that will be converted to a use other than commercial timber production or on lands which have been platted after January 1, 1960, if the local government entity has jurisdiction and has an ordinance requiring such permit.  If a notification or application is delivered in person to the department by the operator or the operator's authorized agent, the department shall immediately provide a dated receipt.  In all other cases, the department shall immediately mail a dated receipt to the applicant.

(8) An operator's name, if known, must be included on any forest practices application or notification. The landowner must provide notice of hiring or change of operator to the department within 48 hours. The department shall promptly notify the landowner if the operator is subject to a notice of intent to disapprove under WAC 222-46-070(1). Once notified, the landowner will not permit the operator, who is subject to a notice of intent to disapprove, to conduct the forest practices specified in the application or notification, or any other forest practices until such notice of intent to disapprove is removed by the department.

[Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW.  98-07-047, 222-20-010, filed 3/13/98, effective 5/1/98;  93-12-001, 222-20-010, filed 5/19/93, effective 6/19/93.  Statutory Authority: RCW 76.09.040, 76.09.050 and 34.05.350.  91-23-052, 222-20-010, filed 11/15/91, effective 12/16/91.  Statutory Authority: RCW 76.09.040.  87-23-036 (Order 535), 222-20-010, filed 11/16/87, effective 1/1/88; 82-18-053 (Resolution No. 82-2), 222-20-010, filed 8/31/82.  Statutory Authority: RCW 76.09.040 and 76.09.050.  82-16-077 (Resolution No. 82-1), 222-20-010, filed 8/3/82, effective 10/1/82; Order 263, 222-20-010, filed 6/16/76.]


NEW SECTION
WAC 222-20-015
Multiyear permits.

(1) Where a watershed analysis has been approved for a WAU under WAC 222-22-080, landowner(s) may apply for a multiyear permit. The information provided and level of detail must be comparable to that required for a two-year permit. At a minimum, the application must include:

(a) A description of the forest practices to be conducted during the period requested for the permit, and a map(s) showing their locations; and

(b) Prescriptions must be identified where operations are proposed within or include areas of resource sensitivity.

(2) A landowner may apply for a multiyear permit to perform road maintenance or abandonment if the landowner has an approved road maintenance and abandonment plan where the schedule for implementing the plan is longer than two years. The information provided and level of detail must be comparable to that required for two-year permits under WAC 222-24-050.

[]


AMENDATORY SECTION(Amending Order 535, filed 11/16/87, effective 1/1/88)

WAC 222-20-020
Application time limits.

(1) A properly completed application shall be approved, conditioned or disapproved within 30 calendar days for Class III and Class IV forest practices, except:

(a) To the extent the department is prohibited from approving the application by the act.

(b) For "Class IV" applications when the department or the lead agency has determined that a detailed environmental statement must be made, the application must be approved, conditioned or disapproved within 60 days, unless the commissioner of public lands promulgates a formal order specifying a later date for completion of the detailed environmental statement and final action on the application.  At least 10 days before promulgation of such an order extending the time, the applicant shall be given written notice that the department is requesting such extension; giving the reasons the process cannot be completed within such period; and stating that the applicant may comment in writing to the commissioner of public lands or obtain an informal conference with the department regarding the proposed extension.

(c) When they involve lands platted after January 1, 1960, or lands to be converted, the applicable time limit shall be no less than 14 business days from transmittal to the county unless the county has waived its right to object or has consented to approval of the application.

(2) Unless the county has waived its rights under the act or consents to approval, the department shall not approve an application involving lands platted after January 1, 1960, in the process of being platted or proposed to be converted to another use until at least 14 business days from the date of transmittal to the county.

(3) Where a notification is submitted for operations which the department determines involve Class III or IV forest practices, the department shall issue a stop work order or take other appropriate action.  If the operations were otherwise in compliance with the act and forest practices regulations, no penalty should be imposed for those operations which occurred prior to the enforcement action: Provided, That no damage to a public resource resulted from such operations, and the operations commenced more than 5 days from receipt by the department of the notification.

(4) If the department fails to approve or disapprove an application or any portion thereof within the applicable time limit, the application shall be deemed approved and the operation may commence: Provided, That this provision shall not apply where:

(a) The county objects and the application involves lands platted after January 1, 1960, or lands to be converted where the county's right of objection is 14 business days which may be longer than the approval time limit.

(b) The department is prohibited from approving the application by the act.

(c) Compliance with the State Environmental Policy Act requires additional time.

(5) If seasonal field conditions prevent the department from being able to properly evaluate the application, the department may disapprove the application until field conditions allow for an on-site review.

(6) An application for a multiyear permit must be approved, conditioned or disapproved by the department within 45 days of receiving a complete application.

[Statutory Authority: RCW 76.09.040.  87-23-036 (Order 535), 222-20-020, filed 11/16/87, effective 1/1/88.  Statutory Authority: RCW 76.09.040 and 76.09.050.  82-16-077 (Resolution No. 82-1), 222-20-020, filed 8/3/82, effective 10/1/82; Order 263, 222-20-020, filed 6/16/76.]


NEW SECTION
WAC 222-20-055
Continuing forest land obligations.

Continuing forest land obligations include reforestation, road maintenance and abandonment plans, and harvest strategies on perennial nonfish habitat waters in Eastern Washington.

(1) Prior to the sale or transfer of land or perpetual timber rights subject to continuing forest land obligations under the Forest Practices Act and rules, the seller must notify the buyer of the existence and nature of such a continuing obligation and the buyer must sign a notice of continuing forest land obligation indicating the buyer's knowledge of the obligations. The notice must be:

(a) On a form prepared by the department;

(b) Sent to the department by the seller at the time of sale or transfer of land or perpetual timber rights; and

(c) Retained by the department.

(2) If the seller fails to notify the buyer about the continuing forest land obligation, the seller must pay the buyer's costs related to continuing forest land obligations, including all legal costs and reasonable attorneys' fees incurred by the buyer in enforcing the continuing forest land obligation against the seller.

(3) Failure by the seller to send the required notice to the department at the time of sale will be prima facie evidence in an action by the buyer against the seller for costs related to the continuing forest land obligation prior to sale.

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AMENDATORY SECTION(Amending WSR 92-23-056, filed 11/17/92, effective 12/18/92)

WAC 222-20-080
Application and notification expiration.

The approval given by the department to an application to conduct a forest practice shall be effective for a term of two years from the date of approval, with the exception of multiyear permits. Multiyear permits based on a completed watershed analysis will be effective only until the completion of the 5-year review of the assessment and prescriptions under WAC 222-22-090 (4)(a), when it is necessary.  A notification is also effective for a term of two years from the date of receipt.

[Statutory Authority: RCW 76.09.060, 76.09.040 and chapter 34.05 RCW.  92-23-056, 222-20-080, filed 11/17/92, effective 12/18/92; Order 263, 222-20-080, filed 6/16/76.]

OTS-3456.2


AMENDATORY SECTION(Amending WSR 94-01-134, filed 12/20/93, effective 1/1/94)

WAC 222-22-070
Prescription recommendation.

*(1) For each WAU for which a watershed analysis is undertaken, the department, or forest land owner acting under WAC 222-22-040(3), shall assemble a team of field managers qualified under WAC 222-22-030(1).  The team shall include persons qualified in the disciplines indicated as necessary in ((the methodology)) watershed analysis methods, and shall generally include persons qualified in:

(a) Forest resource management;

(b) Forest harvest and road systems engineering;

(c) Forest hydrology; and

(d) Fisheries science or management.

Any owner, and any cooperating group of owners, of ten percent or more of the nonfederal forest land acreage in the WAU and any affected Indian tribe shall be entitled to include one qualified individual to participate on the team at its own expense.

*(2) Each forest land owner in a WAU shall have the right to submit to the department or the forest land owner conducting the watershed analysis prescriptions for areas of resource sensitivity on its land.  If these prescriptions are received within the time period described in subsection (4) of this section, they shall be considered for inclusion in the watershed analysis.

*(3) For each identified area of resource sensitivity, the field managers' team shall, in consultation with the level 1 and level 2 teams, if any, select and recommend to the department prescriptions.  These prescriptions shall be reasonably designed to minimize, or to prevent or avoid, as set forth in table 1 in WAC 222-22-050 (2)(d), the likelihood of adverse change and deliverability that has the potential to cause a material, adverse effect to resource characteristics in accordance with the following:

(a) The prescriptions shall be designed to provide forest land owners and operators with as much flexibility as is reasonably possible while addressing the area of resource sensitivity.  The prescriptions should, where appropriate, include, but not be limited to, plans for road abandonment, orphaned roads, and road maintenance and plans, restoration opportunity for applying prescriptions to recognized land features identified in the WAU as areas of resource sensitivity but not fully mapped;

(b) Each set of prescriptions shall provide for an option for an alternate plan under WAC 222-12-040, which the applicant shows meets or exceeds the protection provided by the other prescriptions approved for a given area of resource sensitivity; and

(c) The regulation of forest practices and cumulative effects under this chapter shall not require mitigation for activities or events not regulated under chapter 76.09 RCW.  Any hazardous condition subject to forest practices identified in a watershed analysis requiring corrective action shall be referred to the department for consideration under RCW 76.09.300 et seq.

(d) The forests and fish riparian emergency rules, when effective, supersede all existing watershed analysis riparian prescriptions. (See WAC 222-30-021 and 222-30-022.) No new riparian prescriptions will be written after completion of the riparian management zone assessment report during a watershed analysis.

*(4) The field managers' team shall submit the recommended prescriptions to the department within 30 days of the submission to the department of the level 2 assessment under WAC 222-22-060 or within 21 days of the submission to the department of the level 1 assessment under WAC 222-22-050.

[Statutory Authority: RCW 76.09.040, 76.09.170 and chapter 34.05 RCW.  94-01-134, 222-22-070, filed 12/20/93, effective 1/1/94.  Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW.  92-15-011, 222-22-070, filed 7/2/92, effective 8/2/92.]


NEW SECTION
WAC 222-22-075
Monitoring.

*In connection with any new watershed analysis, monitoring will be required to be completed but implementation of this module would be voluntary unless otherwise required by existing laws and regulations, or required by an HCP implementation agreement. Implementation of the monitoring module will be encouraged when needed as part of the state-wide effectiveness monitoring program.

[]


NEW SECTION
WAC 222-22-076
*Restoration.

As prescriptions are developed, restoration opportunities will also be identified based on the watershed resource assessment.

[]


AMENDATORY SECTION(Amending WSR 97-24-091, filed 12/3/97, effective 1/3/98)

WAC 222-22-080
*Approval of watershed analysis.

(1) Upon receipt of the recommended prescriptions resulting from a level 2 assessment under WAC 222-22-060 or a level 1 assessment under WAC 222-22-050 where a level 2 assessment will not be conducted, the department shall select prescriptions.  The department shall circulate the draft watershed analysis to the departments of ecology, fish and wildlife, affected Indian tribes, local government entities, forest land owners in the WAU, and the public for review and comment.  The prescriptions recommended by the field managers' team shall be given substantial weight.  Within thirty days of receipt of the prescriptions, the department shall review comments, revise the watershed analysis as appropriate, and approve or disapprove the watershed analysis for the WAU.

*(2) The department should notify any governmental agency or Indian tribe having jurisdiction over activities which are not regulated under chapter 76.09 RCW but which are identified in the draft analysis as having a potential for an adverse impact on identified fish, water, and capital improvements of the state or its political subdivisions.

*(3) The department shall approve the draft watershed analysis unless it finds:

(a) For any level 1 assessment or level 2 assessment, that:

(i) The team failed in a material respect to apply the methodology, indices of resource condition, or checklists set forth in the manual; or

(ii) A team meeting the criteria promulgated by the department and using the defined methodologies, indices of resource conditions, and checklists set forth in the manual could not reasonably have come to the conclusions identified in the draft level 1 or level 2 assessment; and

(b) For the prescriptions, that they will not accomplish the purposes and policies of this chapter and of the Forest Practices Act, chapter 76.09 RCW.

(c) In making its findings under this subsection, the department shall take into account its ability to revise assessments under WAC 222-22-090(3).

*(4) If the department does not approve the draft watershed analysis, it shall set forth in writing a detailed explanation of the reasons for its disapproval.

(5) All watershed analyses must be reviewed under SEPA on a nonproject basis. SEPA review may take place concurrently with the public review in subsection (1) of this section.

[Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW.  97-24-091, 222-22-080, filed 12/3/97, effective 1/3/98.  Statutory Authority: RCW 76.09.040, 76.09.170 and chapter 34.05 RCW.  94-01-134, 222-22-080, filed 12/20/93, effective 1/1/94.  Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW.  92-15-011, 222-22-080, filed 7/2/92, effective 8/2/92.]


AMENDATORY SECTION(Amending WSR 97-24-091, filed 12/3/97, effective 1/3/98)

WAC 222-22-090
Use and review of watershed analysis.

*(1) Where a watershed analysis has been completed for a WAU under this chapter:

(a) Any landowner within the WAU may apply for a multi-year permit to conduct forest practices according to the watershed analysis prescriptions. This permit is not renewable if a five-year review is found necessary by the department and has not been completed.

(b) Nonmulti-year forest practices applications and notifications submitted to the department shall indicate whether an area of resource sensitivity will be affected and, if so, which prescription the operator, timber owner, or forest land owner shall use in conducting the forest practice in the area of resource sensitivity;

(((b))) (c) The department shall assist operators, timber owners, and forest land owners in obtaining governmental permits required for the prescription (see WAC 222-50-020 and 222-50-030);

(((c))) (d) The department shall confirm that the prescription selected under (a) of this subsection was one of the prescriptions approved for the area of resource sensitivity under WAC 222-22-080 and shall require the use of the prescription; and

(((d))) (e) The department shall not further condition forest practice applications and notifications in an area of resource sensitivity in a WAU where the applicant will use a prescription contained in the watershed analysis nor shall the department further condition forest practice applications and notifications outside an area of resource sensitivity in a WAU, except for reasons other than the watershed processes and fish, water, and capital improvements of the state or its political subdivisions analyzed in the watershed analysis in the WAU, and except to correct mapping errors, misidentification of soils, landforms, vegetation, or stream features, or other similar factual errors.

*(2) Pending completion of a watershed analysis for a WAU, the department shall process forest practices notifications and applications in accordance with the other chapters of this title, except that applications and notifications received for forest practices on a WAU after the date notice is mailed under WAC 222-22-040(4) commencing a watershed analysis on the WAU shall be conditioned to require compliance with interim, draft, and final prescriptions, as available.

Processing and approval of applications and notifications shall not be delayed by reason of review, approval, or appeal of a watershed analysis.

*(3) The board encourages cooperative and voluntary monitoring.  Evaluation of resource conditions may be conducted by qualified specialists, analysts, and field managers as determined under WAC 222-22-030.  Subsequent watershed analysis and management strategies in response to areas where recovery is not occurring shall be conducted in accordance with this chapter.

*(4) Where the condition of resource characteristics in a WAU are fair or poor, the department shall evaluate the effectiveness of the prescriptions applied under this chapter to the WAU in providing for the protection and recovery of the resource characteristic.  If the department finds that the prescriptions are not providing for such protection and recovery over a period of 3 years, the department shall repeat the watershed analysis in the WAU.  Aside from the foregoing, once a watershed analysis is completed on a WAU, it shall be revised in whole or in part upon the earliest of the following to occur:

(a) Five years after the date the watershed analysis is final, if necessary;

(b) The occurrence of a natural disaster having a material adverse effect on the resource characteristics of the WAU;

(c) Deterioration in the condition of a resource characteristic in the WAU measured over a 12-month period or no improvement in a resource characteristic in fair or poor condition in the WAU measured over a 12-month period unless the department determines, in cooperation with the departments of ecology, fish and wildlife, affected Indian tribes, forest land owners, and the public, that a longer period is reasonably necessary to allow the prescriptions selected to produce improvement; or

(d) The request of an owner of forest land in the WAU which wishes to conduct a watershed analysis at its own expense.

Revision of an approved watershed analysis shall be conducted in accordance with the processes, methods, and standards set forth in this chapter, except that the revised watershed analysis shall be conducted only on the areas affected in the case of revisions under (b) or (c) of this subsection, and may be conducted on areas smaller than the entire WAU in the case of revisions under (a) and (d) of this subsection.  The areas on which the watershed analysis revision is to be conducted shall be determined by the department and clearly delineated on a map before beginning the assessment revision.  Forest practices shall be conditioned under the current watershed analysis pending the completion of any revisions.

[Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW.  97-24-091, 222-22-090, filed 12/3/97, effective 1/3/98.  Statutory Authority: RCW 76.09.040, 76.09.170 and chapter 34.05 RCW.  94-01-134, 222-22-090, filed 12/20/93, effective 1/1/94.  Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW.  92-15-011, 222-22-090, filed 7/2/92, effective 8/2/92.]

OTS-3449.2


AMENDATORY SECTION(Amending WSR 94-01-134, filed 12/20/93, effective 1/1/94)

WAC 222-24-010
Policy.

*(1) A well designed, located, constructed, and maintained system of forest roads is essential to forest management and protection of the public resources.  To protect water quality and aquatic habitat, roads must be constructed and maintained in a manner that will minimize impacts to public resources through disconnecting roads from water, eliminating the entry of sediment to water, maintaining water flow in the natural drainage, and routing any subsurface flow that is captured by roads and their ditches back onto the forest floor, and providing fish passage. The road construction and maintenance rules in this chapter assist in achieving these goals, along with the best management practices in the board manual, section 3. If these goals are not achieved using the applied BMPs, additional management strategies must be employed to protect public resources. Riparian areas contain some of the more productive conditions for growing timber, are heavily used by wildlife and provide essential habitat for fish and wildlife and essential functions in the protection of water quality.  Wetland areas serve several significant functions in addition to timber production: Providing fish and wildlife habitat, protecting water quality, moderating and preserving water quantity.  Wetlands may also contain unique or rare ecological systems.

*(2) ((All road and landing construction within wetlands shall be conducted so that choices are made in the following descending order of preference:

(a) Avoid impacts by selecting the least environmentally damaging landing location, road location and road length; or

(b) Minimize impacts by such things as reducing the subgrade width, fill acreage and spoil areas; or

(c) Restore affected areas by removing temporary fills or road sections upon the completion of the project; or

(d) Reduce or eliminate impacts over time by preserving or maintaining areas; or

(e) Replace affected areas by creating new wetlands or enhancing existing wetlands.

*(3) An accurate delineation of wetland boundaries shall not be required under this section except where necessary to determine acreage of road or landing construction which fills or drains more than 0.5 acre of a wetland.  Landowners are encouraged to voluntarily increase wetland acreage and functions over the long-term.

*(4))) Extra protection is required during road construction and maintenance to protect ((these)) public resources and timber growing potential.  Landowners and fisheries and wildlife managers are encouraged to cooperate ((to develop)) in the development of road management and abandonment plans.  Landowners are further encouraged to cooperate in sharing roads to minimize road mileage and avoid duplicative road construction.

((*(5))) *(3) This section covers the location, design, construction, maintenance and abandonment of forest roads, bridges, stream crossings, quarries, borrow pits, and disposal sites used for forest road construction and is intended to assist landowners in proper road planning, construction and maintenance so as to protect public resources.


(Note: Other laws and regulations and/or permit requirements may apply. See chapter 222-50 WAC.)

[Statutory Authority: RCW 76.09.040, 76.09.170 and chapter 34.05 RCW.  94-01-134, 222-24-010, filed 12/20/93, effective 1/1/94.  Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW.  92-15-011, 222-24-010, filed 7/2/92, effective 8/2/92.  Statutory Authority: RCW 76.09.040.  87-23-036 (Order 535), 222-24-010, filed 11/16/87, effective 1/1/88.  Statutory Authority: RCW 76.09.040 and 76.09.050.  82-16-077 (Resolution No. 82-1), 222-24-010, filed 8/3/82, effective 10/1/82; Order 263, 222-24-010, filed 6/16/76.]


NEW SECTION
WAC 222-24-015
Construction in wetlands.

*(1) In order to assure that there is no net loss of wetland function, all road and landing construction near or within wetlands must be conducted so that selection of choices are made in the following order with avoidance being the most preferred and replacement being the least preferred alternative:

(a) Avoid impacts by selecting the least environmentally damaging landing location, road location and road length. Landowners must attempt to minimize road length concurrently with the attempt to avoid wetlands; or

(b) Minimize impacts by reducing the subgrade width, fill acreage and spoil areas; or

(c) Restore affected areas by removing temporary fills or road sections upon the completion of the project; or

(d) Reduce or eliminate impacts over time by preserving or maintaining areas; or

(e) Replace affected areas by creating new wetlands or enhancing existing wetlands.

*(2) An accurate delineation of wetland boundaries will not be required under this section except where necessary to determine acreage of road or landing construction which fills or drains more than (0.1) one tenth acre of a wetland. All such mapping must follow the delineation and mapping standards outlined in the board manual, section 8.

*(3) Approximate determination of wetland boundaries, following the guidelines in the board manual, shall be required for the purpose of avoidance during design and construction of roads. Landowners should attempt to minimize road length concurrently with the attempt to avoid wetlands. Delineation, following the guidelines in the board manual, shall be required to determine the length of road constructed within a wetland in order to determine acreage when replacement by substitution or enhancement of a wetland is required. The requirement for accurate delineation shall be limited to the area of the wetland proposed to be filled.

*(4) Filling or draining more than 0.5 acre of a wetland requires replacement by substitution or enhancement of the lost wetland functions. (See the board manual, section 9.) The objective of successful replacement by substitution of lost wetland area will be generally on a two-for-one basis and of the same type and in the same general location. The objective of enhancing wetlands function is to provide for an equivalent amount of function to replace that which is lost. See WAC 222-16-050 (1)(i).

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AMENDATORY SECTION(Amending WSR 92-15-011, filed 7/2/92, effective 8/2/92)

WAC 222-24-020
Road location and design.

(1) Fit the road to the topography so that a minimum of alterations to the natural features will occur.

*(2) ((Minimize roads along or within narrow canyons, riparian management zones, wetlands and wetland management zones.

(a))) Except where crossings are necessary, roads shall not be located within natural drainage channels, channel migration zones and riparian management zones when there would be substantial loss or damage to fish or wildlife habitat unless the department has determined that alternatives will cause greater damage to public resources.

(((b) Roads shall not be located in wetlands when there would be substantial loss or damage to wetland functions or acreage unless the department has determined that alternatives will cause greater damage to public resources.

(c) Approximate determination of wetland boundaries shall be required for the purpose of avoidance during design and construction of roads.  Landowners should attempt to minimize road length concurrently with the attempt to avoid wetlands.  Delineation shall be required to determine the length of road constructed within a wetland in order to determine acreage when replacement by substitution or enhancement of a wetland is required.  The requirement for accurate delineation shall be limited to the area of the wetland proposed to be filled.))

*(3) Roads shall not be constructed in bogs or low nutrient fens.

*(4) Roads shall not be located in wetlands if there would be substantial loss or damage to wetland functions or acreage, unless the department has determined that alternatives will cause greater damage to public resources.

*(5) Minimize the number of stream crossings.

((*(4))) *(6) Where stream crossings are necessary:

(a) Design stream crossings to minimize alterations to natural features;

(b) Locate and design culverts to minimize sediment delivery; and

(c) Whenever practical, cross streams at right angles to the main channel.

(((5))) *(7) Avoid duplicative roads by keeping the total amount of construction to a minimum.  Use existing roads whenever practical and avoid isolating patches of timber which, when removed, may require unnecessary road construction.

((*(6) Where feasible, do not locate roads on excessively steep or unstable slopes or known slide prone areas as determined by the department.  The department shall determine whether slopes are unstable using available soils information, or from evidence of geologically recent slumps or slides, or where the natural slope exceeds the angle of repose for the particular soil types present, or where springs or seeps may indicate unstable conditions are present in or above the construction site.

Essential road construction will be accomplished by end hauling, over hauling, or other special road construction techniques unless the department determines there is potential for damage to public resources under WAC 222-16-050 (1)(e).))

*(8) All new road construction on side slopes that exceed 60 percent which have the potential to deliver sediment to any typed water or wetland must utilize full bench construction techniques, including end hauling, over hauling or other special techniques. The department may waive the full bench construction requirement if a site review is conducted and the absence of delivery potential to any typed water or wetlands is determined.

(9) Use the minimum design standard that produces a road sufficient to carry the anticipated traffic load with reasonable safety.

*(10) Subgrade width should average not more than 32 feet for double lane roads and 20 feet for single lane roads, exclusive of ditches, plus any additional width necessary for safe operations on curves and turnouts.  Where road location in wetlands is unavoidable (see WAC 222-24-015 (1)(b)), minimize subgrade width.

(11) Balance excavation and embankments so that as much of the excavated material as is practical will be deposited in the roadway fill sections.  Where full bench construction is necessary, design suitable embankments so that the excavated material may be end hauled to appropriate deposit areas.

(12) Cut and fill slopes must be designed and constructed in a manner that will assure a high likelihood of remaining stable throughout the life of the road.

*(13) All roads should be outsloped or ditched on the uphill side and appropriate surface drainage shall be provided by the use of adequate drainage structures such as: Cross drains, ditches, drivable dips, relief culverts, water bars, diversion ditches, or other such structures demonstrated to be equally effective.

*(14) Drainage structures shall not discharge onto erodible soils, or over fill slopes unless adequate outfall protection is provided.

*(15) Relief culverts installed on forest roads shall meet the following minimum specifications: (See the board manual, section 3 for culvert spacing.)

(a) Be at least 18 inches in diameter or equivalent in western Washington and 15 inches in diameter or equivalent in eastern Washington.

(b) Be installed in a manner that efficiently captures ditchline flow and passes it to the outside of the road.

*(16) Ditch diversion. Where roadside ditches slope toward water, or Type A or B Wetland, a ditch relief structure must be located as close to the stream crossing or wetland as possible so it drains off before reaching the stream. The relief structure must allow the sediment to be deposited onto the forest floor and not carry surface water or sediment into the stream channel or wetland.

*(17) Outslope the road surface where practical. Where outsloping is not practical, provide a ditch with cross drains on the inside of the road, except where roads are constructed in rock or other materials not readily susceptible to erosion.

*(18) Crown or slope the road to prevent the accumulation of water on the road surface.

*(19) Install rock armor headwall inlets on all stream-crossing culverts where the stream gradient above the crossing is greater than 6 percent.

*(20) Install rock armored headwalls and rock armored ditchblocks for cross drain culverts located on erodible soils or where the affected road has a gradient greater than 6 percent.

*(21) Install drainage structures at locations where seeps and springs are known or discovered during construction to route accumulated surface water across the road prism. The water from the seeps and springs must be returned to the forest floor as close to the point of origin as reasonably practicable.

*(22) The department may require additional information for proposed road construction as part of a complete application, including:

(a) A map with detailed topographic information showing the location and alignment of the road in relation to all typed water and wetlands as required in WAC 222-16-035;

(b) Location, size, alignment and number of water crossing and drainage structures;

(c) Detailed plans for bridges, large culverts or other complex elements of the proposal may be required; and

(d) Other information identified by the department.

[Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW.  92-15-011, 222-24-020, filed 7/2/92, effective 8/2/92.  Statutory Authority: RCW 76.09.040.  87-23-036 (Order 535), 222-24-020, filed 11/16/87, effective 1/1/88.  Statutory Authority: RCW 76.09.040 and 76.09.050.  82-16-077 (Resolution No. 82-1), 222-24-020, filed 8/3/82, effective 10/1/82; Order 263, 222-24-020, filed 6/16/76.]


NEW SECTION
WAC 222-24-026
Temporary roads.

(1) A temporary road is intended for use during one dry season.

(2) It must be constructed in a manner to facilitate closure and abandonment when the intended use is completed.

*(3) It must be designed to provide the same level of protection for public resources during the length of its intended use.

(4) All temporary roads must be identified on the forest practices application or notification, along with an abandonment date. Abandonment must be accomplished under WAC 222-24-050(5) to the specifications approved by the department by the date specified in the approved forest practices application.

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AMENDATORY SECTION(Amending WSR 97-24-091, filed 12/3/97, effective 1/3/98)

WAC 222-24-030
Road construction.

(1) Right of way timber. ((Merchantable right of way timber)) Shall be removed or decked in suitable locations where the decks will not be covered by fill material or act as support for the fill or embankment.

*(2) ((Debris burial.

(a))) In permanent road construction, do not bury:

(((i))) (a) Loose stumps, logs or chunks containing more than 5 cubic feet in the load-bearing portion of the road, except as puncheon across wetlands or for culvert protection.

(((ii))) (b) Any significant amount of organic debris within the top 2 feet of the load-bearing portion of the road, except as puncheon across wetlands or for culvert protection.

(((iii))) (c) Excessive accumulation of debris or slash in any part of the load-bearing portion of the road fill, except as puncheon across wetlands or for culvert protection.

(((b) In the cases where temporary roads are being constructed across known areas of unstable soils and where possible construction failure would directly impact waters, the requirements in (a), (i), (ii) and (iii) of this subsection shall apply.  A temporary road is a roadway which has been opened for the purpose of the forest practice operation in question, and thereafter will be an inactive or abandoned road.))

(3) Compact fills. During road construction, fills or embankments shall be built up by layering.  Each layer shall be compacted by operating the tractor or other construction equipment over the entire surface of the layer.  Chemical compacting agents may be used in accordance with WAC 222-38-020.

*(4) Stabilize soils. ((When soil, exposed by road construction, appears to be unstable or erodible and is so located that slides, slips, slumps, or sediment may reasonably be expected to enter Type 1, 2, 3 or 4 Water and thereby cause damage to a public resource, then such exposed soil areas shall be seeded with grass, clover, or other ground cover, or be treated by erosion control measures acceptable to the department.  Avoid introduction of nonnative plant species, as listed in the board manual, to wetlands and wetland management zones.)) Erodible soil disturbed during road construction and located where it could reasonably be expected to enter the stream network must be seeded with noninvasive plant species. The use of local area native species, adapted for rapid revegetation is preferred. Treatment with other erosion control measures may be approved by the department.

*(5) Channel clearance. Clear stream channel of all debris and slash generated ((during)) by the operations prior to the removal of equipment from the vicinity, or the winter season, whichever is first.

*(6) Drainage.

(a) All required ditches, culverts, cross drains, drainage dips, water bars, and diversion ditches shall be installed concurrently with the construction of the roadway.

(b) Uncompleted road construction to be left over the winter season or other extended periods of time shall be drained by outsloping or cross draining.  Water bars and/or dispersion ditches may also be used to minimize eroding of the construction area and stream siltation.  Water movement within wetlands must be maintained.

*(7) Moisture conditions. Construction shall be accomplished when moisture and soil conditions are not likely to result in excessive erosion and/or soil movement, so as to avoid damage to public resources.

*(8) End haul/sidecasts. End haul or overhaul construction is required where significant amounts of sidecast material would rest below the ((50-year)) 100-year flood level of a Type 1, 2, 3, or 4 Water, within the boundary of a Type A or Type B Wetland or wetland management zones or where the department determines there is a potential for mass soil failure from overloading on unstable slopes or from erosion of side cast material causing damage to the public resources.

*(9) Waste disposal. When spoil, waste and/or other debris is generated during construction, this material shall be deposited or wasted in suitable areas or locations and be governed by the following:

(a) Spoil or other debris shall be deposited above the ((50-year)) 100-year flood level of Type 1, 2, 3, or 4 Waters or in other suitable locations ((so as)) to prevent damage to public resources.  The material shall be stabilized ((by erosion control measures as necessary to prevent the material from entering the waters)) using the recommended schedule and procedures found in the board manual, section 3.

(b) All spoils shall be located outside of Type A and Type B Wetlands and their wetland management zones.  Spoils shall not be located within the boundaries of forested wetlands without written approval of the department and unless a less environmentally damaging location is unavailable.  No spoil area greater than 0.5 acre in size shall be allowed within wetlands. (See WAC 222-24-015, Construction in wetlands.)

(10) Disturbance avoidance for northern spotted owls.  Road construction, operation of heavy equipment and blasting within a SOSEA boundary shall not be allowed within 0.25 mile of a northern spotted owl site center between March 1 and August 31, provided that, this restriction shall not apply if:

(a) The landowner demonstrates that the owls are not actively nesting during the current nesting season; or

(b) The forest practice is operating in compliance with a plan or agreement developed for the protection of the northern spotted owl under WAC 222-16-080 (6)(a), (e), or (f).

(11) Disturbance avoidance for marbled murrelets.

(a) Road construction and operation of heavy equipment shall not be allowed within 0.25 mile of an occupied marbled murrelet site during the daily peak activity periods within the critical nesting season; and

(b) Blasting shall not be allowed within 0.25 mile of an occupied marbled murrelet site during the critical nesting season.

(c) Provided that, these restrictions shall not apply if the forest practice is operating in compliance with a plan or agreement developed for the protection of the marbled murrelet under WAC 222-16-080 (6)(a) or (c).

[Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW.  97-24-091, 222-24-030, filed 12/3/97, effective 1/3/98; 97-15-105, 222-24-030, filed 7/21/97, effective 8/21/97.  Statutory Authority: Chapters 76.09 and 34.05 RCW.  96-12-038, 222-24-030, filed 5/31/96, effective 7/1/96.  Statutory Authority: RCW 76.09.060, 76.09.040 and chapter 34.05 RCW.  92-23-056, 222-24-030, filed 11/17/92, effective 12/18/92.  Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW.  92-15-011, 222-24-030, filed 7/2/92, effective 8/2/92.  Statutory Authority: RCW 76.09.040.  87-23-036 (Order 535), 222-24-030, filed 11/16/87, effective 1/1/88.  Statutory Authority: RCW 76.09.040 and 76.09.050.  82-16-077 (Resolution No. 82-1), 222-24-030, filed 8/3/82, effective 10/1/82; Order 263, 222-24-030, filed 6/16/76.]


AMENDATORY SECTION(Amending WSR 92-15-011, filed 7/2/92, effective 8/2/92)

WAC 222-24-035
Landing location and construction.

*(1) Landing location:

Locate landings to prevent damage to public resources.  Avoid excessive excavation and filling.  Minimize placement and size of landings within wetlands.  Landings shall not be located in Type A or B Wetlands or their wetland management zones. (See WAC 222-24-015, Construction in wetlands.)

(2) Landing construction.

(a) Landings requiring sidecast or fill shall be no larger than reasonably necessary for safe operation of the equipment expected to be used.

*(b) Where the average general slopes exceed ((65)) 60 percent, fill material used in construction of landings shall be free from loose stumps and excessive accumulations of slash and shall be mechanically compacted where necessary and practical in layers by tractor to prevent soil erosion and mass soil movement.  Chemical compacting agents may be used in accordance with WAC 222-38-020.

*(c) Truck roads, skid trails, and fire trails shall be outsloped or cross drained uphill of landings and the water diverted onto the forest floor away from the toe of any landing fill.

*(d) Landings shall be sloped to minimize accumulation of water on the landing.

*(e) Excavation material shall not be sidecast where there is high potential for material to enter Type A or B Wetlands or wetland management zones or ((below)) within the ((ordinary high-water mark)) bankfull width of any stream or the ((50-year)) 100-year flood level of Type 1, 2, 3, or 4 Water.

*(f) All spoils shall be located outside of Type A and Type B Wetlands and their wetland management zones.  Spoils shall not be located within the boundaries of forested wetlands without written approval of the department and unless a less environmentally damaging location is unavailable.  No spoil area greater than 0.5 acre in size shall be allowed within wetlands. (See WAC 222-24-015, Construction of wetlands.)

*(3) Temporary landings.

(a) A temporary landing is intended for use during one dry season.

(b) It must be constructed to facilitate abandonment when the intended use is complete or upon seasonal shutdown, whichever is sooner.

(c) It must be designed to provide protection for public resources during the length of its intended use.

(d) Temporary landings must be identified on the forest practices application or notification, along with an abandonment date.

(e) Temporary landings must be abandoned to the specifications approved by the department by the date specified on the approved forest practices application.

[Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW.  92-15-011, 222-24-035, filed 7/2/92, effective 8/2/92.  Statutory Authority: RCW 76.09.040.  87-23-036 (Order 535), 222-24-035, filed 11/16/87, effective 1/1/88.  Statutory Authority: RCW 76.09.040 and 76.09.050.  82-16-077 (Resolution No. 82-1), 222-24-035, filed 8/3/82, effective 10/1/82.]


AMENDATORY SECTION(Amending WSR 97-24-091, filed 12/3/97, effective 1/3/98)

WAC 222-24-040
Water crossing structures.

*(1) ((Bridge construction.)) General provisions for all typed waters.

In addition to the applicable general provisions below, installation, maintenance and removal of water crossing structures in or across the bankfull width of Type 1, 2 or 3 Waters are subject to hydraulic code rules, chapter 220-110 WAC, and require hydraulic project approval issued by the department of fish and wildlife.

(a) Bridges are required for new crossings ((of any Type 1 or 2 Waters)) and reconstructed crossings of any typed waters regularly used for recreational boating.

(b) ((Permanent bridges shall not constrict clearly defined channels and shall be designed to pass the 50-year flood level or the road shall be constructed to provide erosion protection from the 50-year flood waters which exceed the water-carrying capacity of the drainage structure.)) Structures containing concrete must be sufficiently cured prior to contact with water.

(c) One end of each new or reconstructed permanent log or wood bridge shall be tied or firmly anchored if any of the bridge structure is within 10 vertical feet of the ((50-year)) 100-year flood level.

(d) ((Excavation for bridges, placement of sills or abutments, and the placement of stringers or girders shall be accomplished from outside the ordinary high-water mark of all waters, except when such operations are authorized by a hydraulic project approval.

(e) Earth embankments constructed for use as bridge approaches shall be protected from erosion by high water.  Some examples of protection are: Planted or seeded ground cover, bulkheads, rock riprap, or retaining walls.)) Alterations or disturbance of the stream bed, bank or bank vegetation must be limited to that necessary to construct the project. All disturbed areas must be stabilized and restored according to the recommended schedule and procedures found in the board manual. This requirement may be modified or waived by the department if precluded by engineering or safety factors.

(((f))) (e) When earthen materials are used for bridge surfacing, only clean sorted gravel may be used, a geotextile lining must be installed and curbs of sufficient size shall be installed to ((be)) a height above the surface material ((and)) to prevent ((such)) surface material from falling into the stream bed.

*(2) Bridges over Type 4 and 5 Waters. In addition to the applicable general provisions above, installation, maintenance, and removal of permanent bridges in or across Type 4 and 5 Waters are subject to the following:

(a) Permanent bridges must not constrict clearly defined channels and must be designed to pass the 100-year flood. The bridge and its associated embankments and fills must provide sufficient erosion protection to withstand a 100-year flood event.

(b) Excavation for and placement of the bridge foundation and superstructure must be located and conducted from outside the bankfull width. This requirement may be waived by the department if it can be demonstrated that these activities may be conducted in such a manner to prevent damage to public resources.

(c) Earthen embankments constructed for use as bridge approaches must be provided with sufficient erosion protection to withstand a 100-year flood event.

*(3) Culvert installation for Type 4 and 5 Waters. In addition to applicable general provisions above, installation, maintenance and removal of permanent culverts in or across Type 4 and 5 Waters are subject to the following provisions:

(a) All permanent culverts ((installed in forest roads shall be of a size that is adequate to carry the 50-year flood or the road shall be constructed to provide erosion protection from the 50-year flood waters which exceed the water-carrying capacity of the drainage structure.  Refer to)) must be designed to pass the 100-year flood event with consideration for the passage of debris likely to be encountered.

(b) The culvert and its associated embankments and fills must have sufficient erosion protection to withstand the 100-year flood event. Erosion protection includes armored overflows or the use of clean coarse fill material. See "Recommended culvert sizes" in section 3 of the forest practices board manual for the size of permanent culverts recommended for use in forest roads.

(c) If the department determines that because of unstable slopes the culvert size shown on that table ((is)) would be inadequate to protect public resources, it may require a larger culvert ((sizes in accordance with the nomograph (chart) contained in the forest practices board manual or with other)) designed using generally accepted engineering principles.

(((a))) (d) No permanent culverts shall be installed that are smaller than:

(i) ((24 inches in diameter or the equivalent for anadromous fish streams or wetlands where anadromous fish are present.

(ii) 18 inches or the equivalent for resident game fish streams.

(iii) 18 inches or the equivalent for all other water or wetland crossings in western Washington.

(iv) 15 inches or the equivalent for all other water or wetland crossings in eastern Washington.

(b))) 24 inches for Type 4 Waters.

(ii) 18 inches for Type 5 Waters in western Washington.

(iii) 15 inches for Type 5 Waters in eastern Washington.

(e) The alignment and slope of the culvert shall parallel the natural flow of the stream whenever possible.

(((c) When fish life is present, construct the bottom of the culvert at or below the natural stream bed at the inlet and outlet.

(d) Terminate culverts on materials that will not readily erode, such as riprap, the original stream bed (if stable), or other suitable materials.

(e) If water is diverted from its natural channel, return this water to its natural stream bed via culvert, flume, spillway, or the equivalent.

(f) When flumes, downspouts, downfall culverts, etc., are used to protect fill slopes or to return water to its natural courses, the discharge point shall be protected from erosion by: (i) Reducing the velocity of the water, (ii) use of rock spillways, (iii) riprap, (iv) splash plates, or (v) other methods or structures demonstrated to be equally effective.

(g))) (f) Culverts must be designed and installed so they will not cause scouring of the stream bed and erosion of the banks in the vicinity of the project.

(g) When the culvert installation is within 0.25 mile of a Type 1, 2 or 3 Water or within two miles of a hatchery intake, or when the department determines that installing a culvert in a flowing stream will result in excessive siltation and turbidity, and siltation and turbidity would be reduced if stream flow were diverted, the department shall require the stream flow be diverted using a bypass flume or culvert, or by pumping the stream flow around the work area.

(h) Fill associated with culvert installation must have sufficient erosion protection to withstand the 100-year flood.

(i) Stream beds shall be cleared for a distance of 50 feet upstream from the culvert inlet of such slash or debris that reasonably may be expected to plug the culvert.

(((h))) (j) The entrance of all culverts should have adequate catch basins and headwalls to minimize the possibility of erosion or fill failure.

((*(3) Culverts in anadromous fish streams. In addition to the requirements of subsection (2) of this section, in streams used by anadromous fish:

(a) Culverts shall be either open bottomed or have the bottom covered with gravel and installed at least 6 inches below the natural stream bed at the inlet and outlet.

(b) Closed bottom culverts shall not slope more than 1/2 percent; except as provided in (e) of this subsection; open bottom culverts shall not slope more than the natural slope of the stream bed.

(c) Where multiple culverts are used, one culvert shall be at least 6 inches lower than the other(s).

(d) Culverts shall be set to retain normal stream water depth throughout the culvert length.  A downstream control may be required to create pooled water back into the culvert and to insure downstream stream bed stability.

(e) Closed bottom culverts, set at existing stream gradients between 1/2 percent and 3 percent slope shall be designed with baffles for water velocity control, or have an approved designed fishway.

(f) The department, after consultation with the department of fish and wildlife, shall impose any necessary limitations on the time of year in which such culverts may be installed to prevent interference with migration or spawning of anadromous fish.

(g) Any of the requirements in (a) through (f) of this subsection may be superseded by a hydraulic project approval.))

*(4) Temporary water crossings in Type 4 and 5 Waters. In addition to the applicable general provisions above, installation, maintenance and removal of temporary bridges or other structures in or across Type 4 and 5 Waters are subject to the following:

(a) A temporary water crossing is intended for use during one dry season.

(b) It must be constructed to facilitate abandonment when the intended use is complete or upon seasonal shutdown, whichever is sooner.

(c) Temporary water crossings must be identified on the forest practices application or notification, along with an abandonment date.

(d) Temporary water crossings must be abandoned to the specifications approved by the department by the date specified on the approved forest practices application.

(((a))) (e) Temporary ((bridges and culverts, adequate to carry the highest anticipated flow in lieu of carrying the 50-year flood,)) water crossings may be used:

(i) In ((the westside region)) western Washington if installed after June 1 and removed by September 30 of the same year.

(ii) In ((the eastside region)) eastern Washington if installed after the spring runoff and removed prior to the snow buildup which could feed a heavy runoff.

(iii) At other times, when the department and applicant can agree to specific dates of installation and removal.

(((b))) (f) Temporary water crossings must be designed to pass the highest peak flow event expected to occur during the length of its intended use.

(g) When the culvert installation is within 0.25 mile of a Type 1, 2 or 3 Water or within two miles of a hatchery intake, or when the department determines that installing a culvert in a flowing stream will result in excessive siltation and turbidity, and siltation and turbidity would be reduced if stream flow were diverted, the department shall require the stream flow be diverted using a bypass flume or culvert, or by pumping the stream flow around the work area.

(h) Temporary ((bridges and culverts)) water crossings shall be promptly removed ((upon completion of use,)) and ((the approaches)) abandoned to the specifications approved by the department upon completion of use or by the date specified in the approved forest practices application, whichever is earlier. Approaches to the crossing shall be water barred and stabilized at the time of the crossing removal. The department may waive removal of the water crossing if the applicant secures an amended forest practices application, and the structure and its approaches meet all of the requirements of a permanent water crossing structure.

(((c))) (i) Temporary wetland crossings shall be abandoned and restored based on a written plan approved by the department prior to construction.

*(5) Properly prepared and maintained fords may be used in Type 4 and 5 Waters during periods of low water ((providing a hydraulic permit is acquired)).

(a) Entry and exit points for each ford must be located as close along the stream as possible, but will not exceed 100 feet of each other.

(b) Ford locations must be shown on the forest practices application.

(c) Best management practices for construction, maintenance and use will be utilized as appropriate or as required by conditions on the approved forest practices application.

[Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW.  97-24-091, 222-24-040, filed 12/3/97, effective 1/3/98.  Statutory Authority: RCW 76.09.040, 76.09.170 and chapter 34.05 RCW.  94-01-134, 222-24-040, filed 12/20/93, effective 1/1/94.  Statutory Authority: RCW 76.09.060, 76.09.040 and chapter 34.05 RCW.  92-23-056, 222-24-040, filed 11/17/92, effective 12/18/92.  Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW.  92-15-011, 222-24-040, filed 7/2/92, effective 8/2/92.  Statutory Authority: RCW 76.09.040.  87-23-036 (Order 535), 222-24-040, filed 11/16/87, effective 1/1/88.  Statutory Authority: RCW 76.09.040 and 76.09.050. 82-16-077 (Resolution No. 82-1), 222-24-040, filed 8/3/82, effective 10/1/82; Order 263, 222-24-040, filed 6/16/76.]


AMENDATORY SECTION(Amending WSR 97-24-091, filed 12/3/97, effective 1/3/98)

WAC 222-24-050
*Road maintenance.

The goals for road maintenance are established in WAC 222-24-010. All forest roads must be improved and maintained to the standards of this chapter within 15 years of the effective date of these rules. Guidelines for how to meet these goals and standards are in the board manual, section 3. Work performed toward meeting the standards must generally be even flow over the 15-year period with priorities for achieving the most benefit to public resources early in the period. Replacement will not be required for existing culverts functioning with little risk to public resources or for culverts installed under an approved forest practices application or notification if they have been properly maintained and are capable of passing fish, until the end of the culvert's functional life.

*(((1))) Road maintenance and abandonment plan. All forest roads must be maintained to meet road construction standards in chapter 222-24 WAC within 15 years of the effective date of this rule.

(((a) The landowner when notified by the department shall submit a plan for road maintenance and abandonment for those drainages or road systems the department determines based on physical evidence to have a potential to damage public resources.  The plan is subject to annual review and shall include:

(i) Ownership maps showing the road or road system;

(ii) Road status, whether active, inactive, abandoned or planned for abandonment;

(iii) Maintenance schedule and priorities for the year; and

(iv) Plan for further maintenance and reconstruction beyond the current year for repair of extensive damage.

(b) The plan shall be submitted to the department region office on or before June 30, 1988, and each June 30th thereafter unless the department agrees that no further plans are necessary.

(c) The department will review the plan annually with the landowner to determine whether it will be effective and is being implemented.

(d) Such plans shall also be reviewed with departments of ecology, fish and wildlife, and affected Indian tribes, any of whom may request an informal conference with the landowner.

*(2) Active roads.  An active road is a forest road being actively used for hauling of logs, pulpwood, chips, or other major forest products or rock and other road building materials.  To the extent necessary to prevent damage to public resources, the following maintenance shall be conducted on such roads:

(a) Culverts and ditches shall be kept functional.

(b) Road surface shall be maintained as necessary to minimize erosion of the surface and the subgrade.

(c) During and on completion of operations, road surface shall be crowned, outsloped, or water barred and berms removed from the outside edge except those intentionally constructed for protection of fills.

*(3) Inactive roads.  An inactive road is a forest road on which commercial hauling is discontinued for 1 or more logging seasons, and the forest landowner desires continuation of access for fire control, forest management activities, Christmas tree growing operations, occasional or incidental use for minor forest products harvesting or similar activities on such inactive roads:

(a) Before the first winter rainy season following termination of active use, nonfunctional ditches and culverts shall be cleared and the road surface shall be crowned, outsloped, water barred or otherwise left in a condition not conducive to accelerated erosion or interrupt water movement within wetlands; and

(b) Thereafter, except as provided in (c) of this subsection, the landowner shall clear or repair ditches or culverts which he/she knows or should know to be nonfunctional and causing or likely to cause material damage to a public resource.

(c) The landowner shall not be liable for penalties or monetary damages, under the act, for damage occurring from a condition brought about by public use, unless he/she fails to make repairs as directed by a notice to comply.

*(4) Additional culverts/maintenance.  If the department determines based on physical evidence that the above maintenance has been or will be inadequate to protect public resources and that additional measures will provide adequate protection it shall require the landowner or operator to either elect to:

(a) Install additional or larger culverts or other drainage improvements as deemed necessary by the department; or

(b) Agree to an additional road maintenance program.  Such improvements in drainage or maintenance may be required only after a field inspection and opportunity for an informal conference.

*(5) Abandoned roads.  An abandoned road is a forest road which the forest landowner has abandoned in accordance with procedures of (a) through (e) of this subsection.  Roads are exempt from maintenance only after (e) of this subsection is completed:

(a) Roads are outsloped, water barred, or otherwise left in a condition suitable to control erosion and maintain water movement within wetlands; and

(b) Ditches are left in a suitable condition to reduce erosion; and

(c) The road is blocked so that four wheel highway vehicles can not pass the point of closure at the time of abandonment; and

(d) Bridges, culverts, and fills on all waters are removed, except where the department determines other measures would provide adequate protection to public resources.

(e) The department shall determine whether the road has been abandoned according to procedures of this subsection.  If the department determines the road is properly abandoned, it shall within thirty days notify the landowner in writing that the road is officially abandoned.

*(6) Brush control.  Chemical control of roadside brush shall not be done where chemicals will directly enter any Type 1, 2, or 3 or flowing Type 4 or 5 Water or Type A or B Wetlands.  Refer to WAC 222-38-020 for additional information.

*(7) Road surface treatment.

(a) Apply oil to the road surface only when the temperature is above 55 degrees F and during the season when there is a minimal chance of rain for the next 48 hours.  Use of waste oil is subject to RCW 70.95I.060(5).

(b) Water the road surface prior to application of oil to assist in penetration.

(c) Construct a temporary berm along the road shoulder wherever needed to control runoff of the applied chemical.

(d) Take extreme care to avoid excess application of road chemicals.  Shut off the flow at all bridges.

(e) When cleaning out chemical storage tanks or the application equipment tanks used for storage and application of road treatment materials, dispose of the rinse water fluids on the road surface or in a place safe from potential contamination of water.

(f) The use of dry road chemicals shall be in compliance with WAC 222-38-020.))

[Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW.  97-24-091, 222-24-050, filed 12/3/97, effective 1/3/98; 93-12-001, 222-24-050, filed 5/19/93, effective 6/19/93.  Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW.  92-15-011, 222-24-050, filed 7/2/92, effective 8/2/92. Statutory Authority: RCW 76.09.040.  87-23-036 (Order 535), 222-24-050, filed 11/16/87, effective 1/1/88.  Statutory Authority: RCW 76.09.040 and 76.09.050.  82-16-077 (Resolution No. 82-1), 222-24-050, filed 8/3/82, effective 10/1/82; Order 263, 222-24-050, filed 6/16/76.]


NEW SECTION
WAC 222-24-051
Road maintenance schedule.

All forest roads must be covered under a road maintenance and abandonment plan within 5 years of the effective date of this rule or 2005. This includes all roads that were constructed or used for forest practices after 1974 and all orphan roads.

*(1) Landowners with 500 acres or more of forest land in a DNR region must maintain a schedule of submitting plans to the department that cover 20% of their roads each year.

*(2) Landowners with less than 500 acres of forest land in a DNR region must submit a road maintenance and abandonment plan covering their entire ownership within the DNR region and a complete list of all ownership and acres by parcel in the state prior to or concurrently with a forest practice notification or application for proposed road construction or harvest activities. Once the plan is approved, the landowner must attach or reference the approved road maintenance and abandonment plan when submitting subsequent applications. For those portions of their ownership that fall within an WAU covered by an approved watershed analysis plan, chapter 222-22 WAC, landowners may follow the WAU road maintenance plan, providing the roads they own are covered by the plan. See the board manual section 3 for road maintenance and abandonment plan outline.

*(3) Road systems or drainages in which improvement, abandonment or maintenance have the highest potential benefit to the public resource are the highest priority. Work on roads that affect the following are presumed to be the highest priority:

(a) Basins containing, or road systems potentially affecting, waters which either contain a listed threatened or endangered fish species under the federal or state law or a water body listed on the current 303(d) water quality impaired list for road related issues.

(b) Basins containing, or road systems potentially affecting, sensitive geology/soils areas with a history of slope failures.

(c) Road systems or basins where other restoration projects are in progress or may be planned coincident to the implementation of the proposed road plan.

(d) Road systems or basins likely to have the highest use in connection with future forest practices.

*(4) Road maintenance and abandonment plans must pay particular attention to:

(a) Roads that deliver sediment to typed water or block fish passage;

(b) Roads or ditchlines that intercept ground water; and

(c) Roads that deliver surface water to any typed waters.

*(5) Road maintenance and abandonment plans must include:

(a) Ownership maps showing all forest roads, including orphan roads' planned and potential abandonment, all typed water, Type A and B Wetlands that are adjacent to or crossed by roads, stream adjacent roads and an inventory of the existing condition; and

(b) Detailed description of the first five years work with a schedule to complete the entire plan within fifteen years; and

(c) Standard practices for routine road maintenance; and

(d) Storm maintenance strategy that includes prestorm planning, emergency maintenance and post storm recovery; and

(e) Inventory and assessment of the risk to public resources or public safety of orphaned roads; and

(f) Forest practice application for all detailed work covered by the plan for up to 5 years.

*(6) Priorities for road maintenance work within plans are:

(a) Removing blockages to fish passage;

(b) Limiting sediment delivery/mass wasting;

(c) Disconnecting road drainage from typed waters;

(d) Repairing or maintaining stream-adjacent parallel roads with an emphasis on minimizing or eliminating water and sediment delivery;

(e) Improve hydrologic connectivity to minimize interruption of surface water drainage, interception of subsurface water, and pirating of water from one basin to another; and

(f) Operational considerations.

*(7) Initial plans must be submitted to the department no later than March 30, 2001.

*(8) By March 30 of each year, landowners must report work accomplishments for the previous year and submit modifications to existing plans for the department's review and approval.

*(9) The department will:

(a) Facilitate an annual water resource inventory area (WRIA) meeting with landowners, the department of fish and wildlife, the department of ecology, affected tribes, the National Marine Fisheries Service, the U.S. Fish and Wildlife Service, affected counties, local U.S. Forest Service, watershed councils, and other interested parties. The purpose of the meeting is to:

(i) Suggest priorities for road maintenance and abandonment planning; and

(ii) Exchange information on road maintenance and stream restoration projects.

(b) Review the progress of the plans annually with the landowner to determine if the plan is being implemented as approved; and

(c) Notify the landowner within 45 days of the plans' submittal of any concerns that need further work and/or approval.

*(10) A forest practice application submitted with a road maintenance plan will be treated as a multiyear permit. The application will be reviewed, approved, conditioned and/or disapproved within 45 days of acceptance. The application will be reviewed in consultation with department of ecology, department of fish and wildlife, affected tribes and interested parties.

*(11) Regardless of the schedule for plan development, roads that are currently used or proposed to be used for timber hauling must be maintained in a condition that protects public resources. If the department determines that log haul on such a road will cause or has the potential to cause material damage to a public resource, the department may require the applicant to submit a plan to address specific issues or segments on the haul route.

*(12) If a landowner is found to be out of compliance with the work schedule of an approved road maintenance and abandonment and the department determines that this work is necessary to protect public resources, then the department will exercise its authority under WAC 222-46-030 (notice to comply) and WAC 222-46-040 (stop work order) to restrict use of the affected road segment.

(a) The landowner may submit an alternative maintenance plan for maintenance and abandonment and request permission to use the road for log haul.

(b) The department must approve use of the road if the alternative maintenance plan provides protection of the public resource and maintains the overall schedule of maintenance of the road system or basin.

*(13) If a landowner is notified by the department that their road(s) has the potential to damage public resources, the landowner must, within 90 days, submit to the department for review and approval a plan or plans for those drainages or road systems within the area identified by the department.

[]


NEW SECTION
WAC 222-24-052
Maintenance for specific roads and structures.

*(1) Forest roads. A forest road is a road that is used or has been used since 1974 for hauling of logs, pulp wood, chips, or other major forest products or rock and other road building materials; or provides access for fire control, forest management activities, Christmas tree growing operations, or occasional or incidental use for harvesting minor forest products or similar activities. To the extent necessary to prevent damage to public resources, the following maintenance shall be conducted on forest roads, except as addressed in subsections *(5) and *(6) of this section:

(a) Drainage structures shall be kept functional.

(b) Ground water that has been captured by ditchline must be diverted onto the forest floor by using ditchouts, culverts or drivable dips.

(c) Road surface must be maintained as necessary to:

(i) Minimize erosion of the surface and the subgrade;

(ii) Minimize direct delivery of surface water to typed water;

(iii) Minimize sediment entry to typed water;

(iv) Direct any ground water that is captured by the road surface onto the forest floor; and

(v) Maintain the appropriate road design for its location to meet the goals of this subsection, such as:

(A) Outsloping;

(B) Drivable dips;

(C) Insloping; or

(D) Crowning.

(d) During and on completion of the following operations, the road surface shall be crowned, outsloped, or water barred and berms removed from the outside edge except those intentionally constructed for protection of fills:

(i) Log, pulp, chip, or specialized forest product haul;

(ii) Rock haul; and

(iii) Road building.

(e) Before the first winter rainy season following termination of operations, drainage structures must be cleared and the road surface must be crowned, outsloped, water barred or otherwise left in a condition which prevents accelerated erosion, interruption of water movement within wetlands, mass wasting, or direct delivery of water or sediment to a typed water. (See the board manual section 3 for specific guidance.)

(f) Thereafter, except as provided in (d) of this subsection, the landowner must clear or repair ditches or drainage structures that are known or should be known to be nonfunctional and causing or likely to cause material damage to a public resource.

(g) The landowner will not be liable for penalties or monetary damages, under the act, for damage occurring from a condition brought about by public use, unless the landowner fails to make repairs as directed by a notice to comply.

*(2) Additional drainage structure maintenance. If the department determines, based on a field inspection and physical evidence, that the above road maintenance has been or will be inadequate to protect public resources, and that additional measures will provide adequate protection, the department will require the landowner or operator to install additional or larger drainage structures or other drainage improvements identified as necessary by the department.

*(3) Abandoned roads. An abandoned road is a road which the forest landowner has abandoned in accordance with procedures of (a) through (e) of this subsection. Roads are exempt from maintenance under this section only after (e) of this subsection is completed.

(a) Roads are outsloped, water barred, or otherwise left in a condition suitable to control erosion and maintain water movement within wetlands and natural drainages;

(b) Ditches are left in a suitable condition to reduce erosion;

(c) The road is blocked so that four wheel highway vehicles cannot pass the point of closure at the time of abandonment;

(d) Water crossing structures and fills on all typed waters are removed, except where the department determines other measures would provide adequate protection to public resources; and

(e) The department shall determine whether the road has been abandoned according to procedures of this subsection. If the department determines the road is properly abandoned, it must notify the landowner in writing within thirty days that the road is officially abandoned.

*(4) Orphaned roads. An orphaned road is a road or railroad grade that the forest landowner has not used for forest practices activities since 1974. Many of the these roads are overgrown or closed off, but have not satisfied the abandonment process.

(a) An inventory and assessment of the risk to public resources or public safety must be completed by the landowner in conjunction with the road maintenance and abandonment plan.

(b) Five years after the effective date of this rule, when the extent of any problems associated with the orphaned roads is known, the hazard-reduction statute will be evaluated to determine if it is still needed and if funds for cost-sharing are needed to effect repair or abandonment of orphan roads. See RCW 76.09.300.

(c) Landowners are not obligated under this rule to repair or abandon such roads before the end of the five year period, but they can voluntarily take this action.

*(5) Brush control. Chemical control of roadside brush shall not be done where chemicals will directly enter any Type 1, 2, or 3 or flowing Type 4 or 5 Water or Type A or B Wetlands. See WAC 222-38-020 for additional information.

*(6) Road surface treatment.

(a) Apply oil to the road surface only when the temperature is above 55 degrees F and during the season when there is a minimal chance of rain for the next 48 hours. Use of waste oil is subject to RCW 70.95I.060(5).

(b) Water the road surface prior to application of oil to assist in penetration.

(c) Construct a temporary berm along the road shoulder wherever needed to control runoff of the applied chemical.

(d) Take extreme care to avoid excess application of road chemicals. Shut off the flow at all bridges.

(e) Dispose of the rinse water fluids on the road surface or in a place safe from potential contamination of water when cleaning out chemical storage and application equipment tanks used for storage and application of road treatment materials.

(f) Comply with WAC 222-38-020 when using dry road chemicals.

[]


AMENDATORY SECTION(Amending WSR 92-15-011, filed 7/2/92, effective 8/2/92)

WAC 222-24-060
Rock quarries, gravel pits, borrow pits, and spoil disposal areas.

Not covered by the Surface Mine Reclamation Act of 1971 (chapter 78.44 RCW).

*(1) Location of pits.  Except as approved by the department, rock quarries and gravel pits opened after January 1, 1975 shall be located above the ((50-year)) 100-year flood level.

*(2) Location of spoil disposal areas.  Except as approved by the department, spoil disposal areas shall be located:

(a) Above the ((50-year)) 100-year flood level.

(b) Where the final slope after disposal will be no steeper than 1 1/2:1.

(c) Where practical, on areas having low potential timber productivity.

(d) Where the risk of soil erosion and mass soil movement is minimal.

(e) All spoils shall be placed to allow drainage without additional water ponding.

(f) All spoils shall be located outside of Type A and Type B Wetlands and their wetland management zones.  Spoils shall not be located within the boundaries of forested wetlands without written approval of the department and unless a less environmentally damaging location is unavailable.  No spoil area greater than 0.5 acre in size shall be allowed within wetlands. (See WAC 222-24-015.)

*(3) Pit drainage.  During construction and use of rock quarries, gravel pits, or borrow pits, runoff water shall be either diverted onto the forest floor or be passed through one or more settling basins as approved by the department.

(4) Rehabilitation required.  All rock quarries, gravel pits, spoil disposal areas and borrow pits used after January 1, 1975 shall be reclaimed within 2 years from the time the rock or gravel source is either exhausted or abandoned.

*(5) Rehabilitation standards.  Where rehabilitation is required:

(a) Remove all deleterious material that has potential for damaging the public resource, the soil productivity, or that would prevent reforestation of an otherwise plantable area.

(b) Grade slopes to less than the angle of repose unless otherwise approved.

(c) Reforest in accordance with chapter 222-34 WAC to the extent practical.

(d) Seed unreforested exposed erodible soils with grass, clover or other ground cover.

*(6) Major spoil disposal operations.  Where a spoil disposal operation involves more than 1,000 cubic yards of spoils:

(a) The spoils shall be placed to provide drainage onto the forest floor without water ponding within the disposal area;

(b) The site shall be reforested in accordance with chapter 222-34 WAC to the extent practical; and

(c) If significant erosion of the spoils develops, the eroding areas shall be water barred and any unreforested areas shall be matted, mulched, or seeded with grass or ground cover.

[Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW.  92-15-011, 222-24-060, filed 7/2/92, effective 8/2/92.  Statutory Authority: RCW 76.09.040.  87-23-036 (Order 535), 222-24-060, filed 11/16/87, effective 1/1/88; Order 263, 222-24-060, filed 6/16/76.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 222-24-025 Road design.

OTS-3470.2


AMENDATORY SECTION(Amending WSR 92-15-011, filed 7/2/92, effective 8/2/92)

WAC 222-30-010
Policy--Timber harvesting.

*(1) This ((section)) chapter covers all removal of timber from forest lands in commercial operations, commercial thinning, salvage of timber, relogging merchantable material left after prior harvests, postharvest cleanup, and clearing of merchantable timber from lands being converted to other uses.  It does not cover removal of incidental vegetation or removal of firewood for personal use.  To the extent practical the department shall coordinate the activities on a multiple disciplinary planning approach.  ((The riparian management zone requirements specified in this section are designed to provide protection for water quality and fisheries and wildlife habitat through ensuring present and future supplies of large organic debris for streams, snags, canopy cover, and a multistoried diverse forest adjacent to Type 1, 2 and 3 Waters.))

*(2) The goal of riparian rules is to protect covered resources and related habitat to achieve restoration of high levels of riparian function and maintenance of these levels once achieved. The riparian functions include bank stability, the recruitment of woody debris, leaf litter fall, nutrients, sediment filtering, shade, and other riparian features that are important to both riparian forest and aquatic system conditions.

*(3) The rules provide for the conversion and/or treatment of riparian forests which may be understocked, overstocked or uncharacteristically hardwood dominated while maintaining minimum acceptable levels of function on a landscape scale. The diversity of riparian forests across the landscapes is addressed by tailoring riparian prescriptions to the site productivity and tree community at any site.

*(4) Wetland areas serve several significant functions in addition to timber production: Providing fish and wildlife habitat, protecting water quality, moderating and preserving water quantity.  Wetlands may also contain unique or rare ecological systems.  The wetland management zone and wetland requirements specified in this ((section)) chapter are designed to protect these wetland functions ((when measured over the length of a harvest rotation, although some of the functions may be reduced until the midpoint of the timber rotation cycle)).  Landowners are encouraged to voluntarily increase wetland acreage and functions over the long-term.

(Note: Other laws or regulations and/or permit requirements may apply.  See chapter 222-50 WAC.)

[Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW.  92-15-011, 222-30-010, filed 7/2/92, effective 8/2/92. Statutory Authority: RCW 76.09.040.  88-19-112 (Order 551, Resolution No. 88-1), 222-30-010, filed 9/21/88, effective 11/1/88.  Statutory Authority: RCW 76.09.040 and 76.09.050.  82-16-077 (Resolution No. 82-1), 222-30-010, filed 8/3/82, effective 10/1/82; Order 263, 222-30-010, filed 6/16/76.]


AMENDATORY SECTION(Amending WSR 97-24-091, filed 12/3/97, effective 1/3/98)

WAC 222-30-020
Harvest unit planning and design.

(1) Logging system. The logging system should be appropriate for the terrain, soils, and timber type so yarding or skidding can be economically accomplished in compliance with these ((regulations)) rules.

*(2) Landing locations. Locate landings to prevent damage to public resources.  Avoid excessive excavation and filling.

*(3) Western Washington riparian management zones. ((These zones shall be measured horizontally from the ordinary high-water mark of Type 1, 2 or 3 Water and extend to the line where vegetation changes from wetland to upland plant community, or the line required to leave sufficient shade as required by WAC 222-30-040, whichever is greater, but shall not be less than 25 feet in width nor more than the maximum widths described in (c) of this subsection, provided that the riparian management zone width shall be expanded as necessary to include wetlands or ponds adjacent to the stream.  When the riparian management zone overlaps a Type A or B Wetland or a wetland management zone, the requirement which best protects public resources shall apply.

(a) Harvest units shall be designed so that felling, bucking, yarding or skidding, and reforestation can be accomplished in accordance with these regulations, including those regulations relating to stream bank integrity and shade requirements to maintain stream temperature.  Where the need for additional actions or restrictions adjacent to waters not covered by the following become evident, WAC 222-12-050 and 222-12-060 may apply.

(b) When requested in writing by the applicant, the department shall assist in preparation of an alternate plan for the riparian management zone.

(c) Within the riparian management zone, there shall be trees left for wildlife and fisheries habitat as provided for in the chart below.  Fifty percent or more of the trees shall be live and undamaged on completion of the harvest.  The leave trees shall be randomly distributed where feasible; some clumping is allowed to accommodate operational considerations.  The number, size, species and ratio of leave trees, deciduous to conifer, is specified by the bed material and average width of the water type within the harvest unit.  Trees left according to (d) of this subsection may be included in the number of required leave trees in this subsection.


(WAC 222-30-020, Illus. 1)

Place illustration here.


"Or next largest available" requires that the next largest trees to those specified in the rule be left standing when those available are smaller than the sizes specified.  Ponds or lakes which are Type 1, 2 or 3 Waters shall have the same leave tree requirements as boulder/bedrock streams.

(d) For wildlife habitat within the riparian management zone, leave an average of 5 undisturbed and uncut wildlife trees per acre at the ratio of 1 deciduous tree to 1 conifer tree equal in size to the largest existing trees of those species within the zone. Where the 1 to 1 ratio is not possible, then substitute either species present.  Forty percent or more of the leave trees shall be live and undamaged on completion of harvest. Wildlife trees shall be left in clumps whenever possible.

(e) When 10 percent or more of the harvest unit lies within any combination of a riparian management zone of Type 1, 2 or 3 Waters or a wetland management zone and the harvest unit is a clearcutting of 30 acres or less, leave not less than 50 percent of the trees required in (c) of this subsection.)) (See WAC 222-30-021 and 222-30-023(1).)

*(4) Eastern Washington riparian management zones. ((These zones shall be measured horizontally from the ordinary high-water mark of Type 1, 2 or 3 Waters and extend to the line where vegetation changes from wetland to upland plant community, or to the line required to leave sufficient shade as required by WAC 222-30-040, whichever is greater, but shall not be less than the minimum width nor more than the maximum widths described in (c) of this subsection, provided that the riparian management zone width shall be expanded as necessary to include wetlands or ponds adjacent to the stream.  When the riparian management zone overlaps a Type A or B Wetland or a wetland management zone, the requirement which best protects public resources shall apply.

(a) Harvest units shall be designed so that felling, bucking, yarding or skidding, and reforestation can be accomplished in accordance with these regulations, including those regulations relating to stream bank integrity and shade requirements to maintain stream temperature.  Where the need for additional actions or restrictions adjacent to waters not covered by the following become evident, WAC 222-12-050 and 222-12-060 may apply.

(b) When requested in writing by the applicant, the department shall assist in preparation of an alternate plan for the riparian management zone.

(c) Within the riparian management zone, there shall be trees left for wildlife and fisheries habitat as provided for below.  Fifty percent or more of the trees shall be live and undamaged on completion of the harvest.  The leave trees shall be randomly distributed where feasible; some clumping is allowed to accommodate operational considerations.

(i) The width of the riparian management zone shall be based on the adjacent harvest type as defined in WAC 222-16-010 "Partial cutting." When the adjacent unit harvest type is:

Partial cutting - The riparian management zone width shall be a minimum of 30 feet to a maximum of 50 feet on each side of the stream.

Other harvest types - The riparian management zone shall average 50 feet in width on each side of the stream with a minimum width of 30 feet and a maximum of 300 feet on each side of the stream.

(ii) Leave tree requirements within the riparian management zones of Type 1, 2 or 3 Waters:

(A) Leave all trees 12 inches or less in diameter breast height (dbh); and

(B) Leave all wildlife reserve trees within the riparian management zone where operations in the vicinity do not violate the state safety regulations (chapter 296-54 WAC and chapter 49.17 RCW administered by department of labor and industries, safety division); and

(C) Leave 16 live conifer trees/acre between 12 inches dbh and 20 inches dbh distributed by size, as representative of the stand; and

(D) Leave 3 live conifer trees/acre 20 inches dbh or larger and the 2 largest live deciduous trees/acre 16 inches dbh or larger.  Where these deciduous trees do not exist, and where 2 wildlife reserve trees/acre 20 inches or larger do not exist, substitute 2 live conifer trees/acre 20 inches dbh or larger.  If live conifer trees of 20 inches dbh or larger do not exist within the riparian management zone, then substitute the 5 largest live conifer trees/acre; and

(E) Leave 3 live deciduous trees/acre between 12 inches and 16 inches dbh where they exist.

(iii) Minimum leave tree requirements per acre for Type 1, 2 and 3 Waters. Trees left for (c)(ii) of this subsection shall be included in the minimum counts.

(A) On streams with a boulder/bedrock bed, the minimum leave tree requirements shall be 75 trees/acre 4 inches dbh or larger.

(B) On streams with a gravel/cobble (less than 10 inches diameter) bed, the minimum leave tree requirement shall be 135 trees/acre 4 inches dbh or larger.

(C) On lakes or ponds the minimum leave tree requirement shall be 75 trees/acre 4 inches dbh or larger.


Note: (See the Forest Practices Board Manual for assistance in calculating trees/acre and average RMZ widths.)

(d) When 10 percent or more of the harvest unit lies within any combination of a riparian management zone of Type 1, 2 or 3 Waters or a wetland management zone and either the harvest unit is a clearcutting of 30 acres or less or the harvest unit is a partial cutting of 80 acres or less, leave not less than 50 percent of the trees required in (c) of this subsection.  (See WAC 222-16-010 "Partial cutting."))) (See WAC 222-30-022 and 222-30-023(2).)

*(5) Riparian leave tree areas.  ((The department will require trees to be left along Type 4 Water where such practices are necessary to protect public resources.  Where such practices are necessary leave at least 25 conifer or deciduous trees, 6 inches in diameter or larger, on each side of every 1000 feet of stream length within 25 feet of the stream.  The leave trees may be arranged to accommodate the operation.)) (See WAC 222-30-021, 222-30-022, and 222-30-023.)

*(6) Forested wetlands. Within the wetland, unless otherwise approved in writing by the department, harvest methods shall be limited to low impact harvest or cable systems.  Where feasible, at least one end of the log shall be suspended during yarding.

(a) When forested wetlands are included within the harvest area, landowners are encouraged to leave a portion (30 to 70%) of the wildlife reserve tree requirement for the harvest area within a wetland.  In order to retain undisturbed habitat within forested wetlands, these trees should be left in clumps.  Leave tree areas should be clumped adjacent to streams, riparian management zones, or wetland management zones where possible and they exist within forested wetlands.  Green recruitment trees should be representative of the size and species found within the wetland.  Leave nonmerchantable trees standing where feasible.

(b) If a RMZ or WMZ lies within a forested wetland, the leave tree requirement associated with those areas may be counted toward the percentages in (a) of this subsection.

(c) Where riparian associated wetlands are present in the outer zone of a RMZ, trees may be left in the zone to maximize wetland function. See WAC 222-30-021 *(1)(c)(ii).

(d) If the conditions described in (a) and (b) of this subsection are met, the distribution requirements for wildlife reserve trees and green recruitment trees (subsection (11)(e) of this section) are modified as follows: For purposes of distribution, no point within the harvest unit shall be more than 1000 feet from a wildlife reserve tree and green recruitment tree retention area.

(((d))) (e) Approximate determination of the boundaries of forested wetlands greater than ((5)) 3 acres shall be required. Approximate boundaries and areas shall be deemed to be sufficient for harvest operations.

(((e))) (f) The department shall consult with the department of fish and wildlife and affected Indian tribes about site specific impacts of forest practices on wetland-sensitive species in forested wetlands.

*(7) Wetland management zones (WMZ). These zones shall apply to Type A and B Wetlands, as indicated in (a) of this subsection, and shall be measured horizontally from the wetland edge or the point where the nonforested wetland becomes a forested wetland, as determined by the method described in the board manual, and shall be of an average width as described in (a) of this subsection.  These zones shall not be less than the minimum nor more than the maximum widths described in (a) of this subsection.  When these zones overlap a riparian management zone the requirement which best protects public resources shall apply.

*(a) Wetland management zones (WMZ) shall have variable widths based on the size of the wetland and the wetland type, described as follows:


(((WAC 222-30-020, Illus. 2)

Place illustration here.))

Wetland Management Zones

Wetland Type Acres of

Nonforested Wetland*

Maximum

WMZ Width

Average

WMZ Width

Minimum

WMZ Width

A (including bogs) Greater than 5 200 feet 100 feet 50 feet
A (including bogs) 0.5 to 5 100 feet 50 feet 25 feet
A (bogs only) 0.25 to 0.5 100 feet 50 feet 25 feet
~B Greater than 5 100 feet 50 feet 25 feet
B 0.5 to 5 25 feet
B 0.25 to 0.5 No WMZ required No WMZ required
*For bogs, both forested and nonforested acres are included.


(b) Within the WMZ, leave a total of 75 trees per acre of WMZ greater than 6 inches dbh in Western Washington and greater than 4 inches dbh in Eastern Washington, 25 of which shall be greater than 12 inches dbh including 5 trees greater than 20 inches dbh, where they exist.  Leave trees shall be representative of the species found within the WMZ.

(c) Retain wildlife reserve trees where feasible. Type 1 and 3 wildlife reserve trees may be counted among, and need not exceed, the trees required in (b) of this subsection.  Leave all cull logs on site.

(d) Partial-cutting or removal of groups of trees is acceptable within the WMZ.  The maximum width of openings created by harvesting within the WMZ shall not exceed 100 feet as measured parallel to the wetland edge.  Openings within WMZs shall be no closer than 200 feet.  Landowners are encouraged to concentrate leave trees within the WMZ to the wetland edge.

*(e) Tractors, wheeled skidders, or other ground based harvesting systems shall not be used within the minimum WMZ width without written approval of the department.

*(f) When 10% or more of a harvest unit lies within any combination of a wetland management zone or a riparian management zone of Type 1, 2, or 3 Waters and either the harvest unit is a clearcut of 30 acres or less or the harvest unit is a partial cut of 80 acres or less, leave not less than 50% of the trees required in (b) of this subsection.

*(8) Type A or B Wetlands. Within the boundaries of Type A or B Wetlands the following shall apply:

(a) Individual trees or forested wetland areas less than 0.5 acre in size may occur.  These trees have a high habitat value to the nonforested wetland. Leave individual trees or forested wetlands less than 0.5 acre.  These trees may be counted toward the WMZ requirements.

(b) Harvest of upland areas or forested wetlands which are surrounded by Type A or B Wetlands must be conducted in accordance with a plan, approved in writing by the department.

(c) No timber shall be felled into or cable yarded across Type A or B Wetlands without written approval of the department.

(d) Harvest shall not be allowed within a Type A Wetland which meets the definition of a bog.

(9) Future productivity. Harvesting shall leave the land in a condition conducive to future timber production except:

(a) To the degree required for riparian management zones; or

(b) Where the lands are being converted to another use or classified urban lands as specified in WAC 222-34-050.

(10) Wildlife habitat. This subsection is designed to encourage timber harvest practices that would protect wildlife habitats, provided, that such action shall not unreasonably restrict landowners action without compensation.

(a) The applicant should make every reasonable effort to cooperate with the department of fish and wildlife to identify critical wildlife habitats (state) as defined by the board.  Where these habitats are known to the applicant, they shall be identified in the application or notification.

(b) Harvesting methods and patterns in established big game winter ranges should be designed to insure adequate access routes and escape cover where practical.

(i) Where practical, cutting units should be designed to

conform with topographical features.

(ii) Where practical on established big game winter ranges, cutting units should be dispersed over the area to provide cover, access for wildlife, and to increase edge effect.

(11) Wildlife reserve tree management. In areas where leaving wildlife reserve trees under this section will not create a significant fire hazard, or significant hazard to overhead power lines and operations that are proposed in the vicinity of wildlife reserve trees will not create a significant safety or residential hazard nor conflict with achieving conformance with the limitation of or performance with the provisions of chapter 76.04 RCW (snag falling law) and chapter 49.17 RCW (safety), wildlife reserve trees will be left to protect habitat for cavity nesting wildlife in accordance with the following:

(a) In Western Washington, for each acre harvested 3 wildlife reserve trees, 2 green recruitment trees, and 2 down logs shall be left.  In Eastern Washington for each acre harvested 2 wildlife reserve trees, 2 green recruitment trees, and 2 down logs shall be left.  Type 1 wildlife reserve trees may be counted, at the landowner's option, either as a wildlife reserve tree or as a green recruitment tree.  If adequate wildlife reserve trees are not available, no additional green recruitment trees will be required as substitutes. Landowners shall not under any circumstances be required to leave more than 2 green recruitment trees per acre for the purpose of wildlife reserve tree recruitment, or be required to leave Type 3 or 4 wildlife reserve trees.

(b) In Western Washington, only those wildlife reserve trees 10 or more feet in height and 12 or more inches dbh shall be counted toward wildlife reserve tree retention requirements.  In Eastern Washington, only those wildlife reserve trees 10 or more feet in height and 10 or more inches dbh shall be counted toward wildlife reserve tree retention requirements.  Green recruitment trees, 10 or more inches dbh and 30 or more feet in height and with at least 1/3 of their height in live crown, left standing after harvest may be counted toward green recruitment tree requirements.  Green recruitment trees and/or wildlife reserve trees left to meet other requirements of the rules or those left voluntarily by the landowner shall be counted toward satisfying the requirements of this section.  Large, live defective trees with broken tops, cavities, and other severe defects are preferred as green recruitment trees.  Only down logs with a small end diameter greater than or equal to 12 inches and a length greater than or equal to 20 feet or equivalent volume shall be counted under (a) of this subsection.  Large cull logs are preferred as down logs.

(c) In the areas where wildlife reserve trees are left, the largest diameter wildlife reserve trees shall be retained to meet the specific needs of cavity nesters.  Where the opportunity exists, larger trees with numerous cavities should be retained and count as recruitment trees.

(d) In order to facilitate safe and efficient harvesting operations, wildlife reserve trees and recruitment trees may be left in clumps.  For purposes of distribution, no point within the harvest unit shall be more than 800 feet from a wildlife reserve tree or green recruitment tree retention area.  Subject to this distribution requirement, the location of these retention areas and the selection of recruitment trees shall be at the landowner's discretion.  Closer spacing of retention areas through voluntary action of the landowner is encouraged.  Wildlife reserve tree and green recruitment tree retention areas may include, but are not limited to, riparian management zones, riparian leave tree areas, other regulatory leave areas, or voluntary leave areas that contain wildlife reserve trees and/or green recruitment trees.

(e) In order to provide for safety, landowners may remove any Type 3 or 4 wildlife reserve tree which poses a threat to humans working, recreating, or residing within the hazard area of that tree.  In order to provide for fire safety, the distribution of wildlife reserve tree retention areas, described in (d) of this subsection, may be modified as necessary based on a wildlife reserve tree management plan proposed by the landowner and approved by the department.

*(12) Channel migration zones. No harvest, construction or salvage will be permitted within the boundaries of a channel migration zone except for the construction and maintenance of road crossings in accordance with applicable rules and the creation and use of yarding corridors consistent with WAC 222-30-020 *(5)(a), 222-30-060(1), and chapter 220-110 WAC.

[Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW.  97-24-091, 222-30-020, filed 12/3/97, effective 1/3/98; 97-15-105, 222-30-020, filed 7/21/97, effective 8/21/97; 94-17-033, 222-30-020, filed 8/10/94, effective 8/13/94; 93-12-001, 222-30-020, filed 5/19/93, effective 6/19/93.  Statutory Authority: RCW 76.09.060, 76.09.040 and chapter 34.05 RCW.  92-23-056, 222-30-020, filed 11/17/92, effective 12/18/92.  Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW.  92-15-011, 222-30-020, filed 7/2/92, effective 8/2/92.  Statutory Authority: RCW 76.09.040.  88-19-112 (Order 551, Resolution No. 88-1), 222-30-020, filed 9/21/88, effective 11/1/88; 87-23-036 (Order 535), 222-30-020, filed 11/16/87, effective 1/1/88; Order 263, 222-30-020, filed 6/16/76.]


NEW SECTION
WAC 222-30-021
Western Washington riparian management zones.

These rules apply to all typed waters on forest land in Western Washington, except as provided in WAC 222-30-023. RMZs are measured horizontally from the bankfull width or channel migration zone, whichever is greater, and extend to the limits as described in this section. See the board manual section 7 for riparian design and layout guidelines.

*(1) Western Washington RMZs for Type 1, 2 and 3 Waters have three zones: The core zone is adjacent to the water, the inner zone is the middle zone, and the outer zone is furthest from the water. (See definitions in WAC 222-16-010.) RMZ dimensions vary depending on the site class of the land adjacent to the typed water, the management harvest option, and the stream size. See tables for management options 1 and 2 below.

None of the limitations on harvest in each of the three zones listed below will preclude or limit the construction and maintenance of roads for the purpose of crossing streams in WAC 222-24-030 and 222-24-050, or the creation and use of yarding corridors in WAC 222-30-060(1).

(a) Core zones provide these riparian functions: Bank stability, shade, sediment control, and large woody debris. No timber harvest or construction is allowed in the core zone except operations related to forest roads as detailed in subsection (1) of this section. Any trees cut for or damaged by yarding corridors in the core zone must be left on the site. Any trees cut as a result of road construction to cross a stream may be removed from the site, unless used as part of a large woody debris placement strategy or needed to reach stand requirements.

(b) Inner zones provide these riparian functions: Large woody debris, shade, sediment control, nutrients, and litter fall. Any timber harvest in the inner zone must retain or improve riparian forest conditions as needed to provide for fish habitat, amphibian habitat and water quality. Forest practices in the inner zone must be conducted in such a way as to meet or exceed stand requirements. The width of the inner zone is determined by site class, stream width, and management option. Timber harvest in this zone must be consistent with the stand requirements in order to reach the desired future condition targets.

"Stand requirement" means the number of trees per acre and basal area requirement by site class that provide target riparian stand conditions at the desired future condition (DFC). The basal area targets are calculated for the summation of the trees in the core and inner zone. To calculate whether a particular stand is on a trajectory toward the desired future condition, growth modeling is necessary. Growth modeling involves identifying the current stand characteristics including number of trees by diameter class, percent conifer and hardwood, and age of stand. See the board manual section 7. Target stand requirements are:


Site Class DFC target basal area per acre (at 140 years) Minimum trees per acre
I 285
II 275
III 258
IV 224
V 190

(i) When basal area stand requirements are not met, then no harvest is permitted in the inner zone. Only when basal area exceeds stand requirements can either management option 1 or management option 2 (as explained below) take place. Widths of inner and outer zones differ between management option 1 and management option 2. See tables on management option 1 and 2 for more details.

(ii) If trees can be harvested and removed from the inner zone because of surplus basal area consistent with the stand requirement, the harvest and removal of the trees must be undertaken consistent with one of two options:

(A) Option 1. Thinning from below. The objective of thinning is to distribute stand requirement trees in such a way as to shorten the time required to meet large wood, fish habitat and water quality needs. This is achieved by increasing the potential for leave trees to grow larger than they otherwise would without thinning. Thinning harvest under option 1 must comply with the following:

(I) Residual trees left in the combined core and inner zones must meet stand requirements necessary to be on a pathway to desired future condition. See board manual section 7 for guidelines.

(II) Thinning must be from below, meaning the smallest dbh trees are selected for harvest first, then progressing to successively larger diameters.

(III) Thinning cannot decrease the proportion of conifer in the stand.

(IV) Shade retention to meet the shade rule must be confirmed by the landowner for any harvest inside of 75 feet from the bankfull width or CMZ, whichever is greater.

(V) The number of residual trees per acre in the inner zone will equal or exceed______.


Option 1. Thinning from below.

Site

class

RMZ

width

Core

zone

width


(measured from bankfull width or CMZ of water)

Inner zone width


(measured from outer edge of core zone)

Outer zone width


(measured from outer edge of inner zone)

stream width

≤10'

stream width

>10'

stream width

<10'

stream width

>10'

I 200' 50' 83' 100' 67' 50'
II 170' 50' 63' 78' 57' 42'
III 140' 50' 43' 55' 47' 35'
IV 110' 50' 23' 33' 37' 27'
V 90' 50' 10' 18' 30' 22'

(B) Option 2. Leaving trees closest to the water (packing). Management option 2 applies only to riparian management zones for site class I, II, and III on streams that are less than or equal to 10 feet wide and RMZs in site class I and II for streams greater than 10 feet wide. Harvest must comply with the following:

(I) Harvest is not permitted within 30 feet of the core zone for streams less than or equal to 10 feet wide and harvest is not permitted within 50 feet of the core zone for streams greater than 10 feet wide;

(II) Residual leave trees in the combined core and inner zone must meet stand requirements necessary to be on a pathway to desired future condition. See board manual section 7 for calculating stand requirements;

(III) The area harvested becomes part of the outer zone and must comply with all outer zone rules. See table in (c) of this subsection for leave tree requirements in the outer zone. The trees left in the harvest area, to meet outer zone requirements, do not count toward satisfaction of stand requirements for the core and inner zones;

(IV) Trees are selected for harvest starting from the outer most portion of the inner zone first then progressively closer to the stream.

(V) If (I) of this subsection results in surplus basal area per the stand requirement, the landowner may take credit for the surplus by harvesting additional riparian leave trees required to be left in the adjacent outer zone on a basal area-for-basal area basis. The number of leave trees in the outer zone can be reduced only to a minimum of 10 trees per acre.


Option 2. Leaving trees closest to water (packing).

Site class RMZ width Core zone width


(measured from bankfull width or CMZ of water)

Inner zone width Outer zone width


(measured from outer edge of inner zone)

stream width

≤10'

stream width

≤10'

stream width

>10'

stream width

≥10'

stream width

<10'

stream width

>10'

minimum floor distance minimum floor distance
(measured from outer edge of core zone) (measured from bankfull width or CMZ of water) (measured from outer edge of core zone) (measured from bankfull width or CMZ of water)
I 200' 50' 84' 30' 84' 50' 66' 66'
II 170' 50' 64' 30' 70' 50' 56' 50'
III 140' 50' 44' 30' ** ** 46' **

**Option 2 for site class III on streams >10' is not available.


(iii) Where the basal area components of the stand requirement cannot be met within the sum of the areas in the inner and core zone due to the presence of a stream-adjacent parallel road in the inner or core zone a determination must be made of the approximate basal area that would have been present in the inner and core zones if the road was not occupying space in the core or inner zone and the shortfall in the basal area component of the stand requirement. See definition of "stream-adjacent parallel road" in WAC 222-16-010.

(A) Trees containing basal area equal to the amount determined in (iii) of this subsection will be left elsewhere in the inner or outer zone, or if the zones contain insufficient riparian leave trees, substitute riparian leave trees will be left within one site potential tree height distance of other Type 1, 2 or 3 Waters in the same unit or along Type 4 or 5 Waters in the same unit.

(B) When the stream-adjacent road basal area calculated in (iii) of this subsection results in an excess in basal area (above stand requirement) then the landowner may receive credit for such excess which can be applied on a basal area-by-basal area basis against the landowner's obligation to leave trees in the outer zone of the RMZ of such stream or other waters within the same unit, provided that the number of trees per acre in the outer zone is not reduced to less than 10 trees per acre.

(C) When the basal area requirement cannot be met, as explained above, the shortfall may be reduced through the implementation of an acceptable large woody debris placement plan. See board manual section 7 for guidelines.

(iv) If a harvest operation includes both the use of yarding corridors and harvest activities within the RMZ, all calculations of basal area, including basal area components of stand requirements, will be determined as if the yarding corridors were constructed prior to any other harvest activities planned by such operation. If trees cut or damaged by yarding are taken from excess basal area, these trees can be removed from the inner zone. Trees cut or damaged by yarding in a unit which does not meet the basal area target of the stand requirements cannot be removed from the inner zone. Any trees cut or damaged by yarding in the core zone may not be removed.

(c) Outer zones provide these functions: Large woody debris (LWD) recruitment and protection from windthrow. Timber harvest in the outer zone must leave 20 riparian leave trees per acre after harvest. "Riparian leave trees" are trees that must be left after harvest in the outer zone in Eastern and Western Washington:


Outer zone riparian leave tree requirements

Application Leave tree spacing Tree species Minimum dbh required
Outer zone Dispersed Conifer 12" dbh or greater
Outer zone Clumped Conifer 12" dbh or greater
Protection of sensitive features Clumped Trees representative of the overstory including both hardwood and conifer 8" dbh or greater

The 20 riparian leave trees to be left can be reduced in number under the circumstances delineated in (c)(iv) of this subsection. The riparian leave trees must be left on the landscape according to one of the following two strategies. A third strategy is available to landowners who agree to a LWD placement plan.

(i) Dispersal strategy. Riparian leave trees, which means conifer species with a diameter measured at breast height (dbh) of 12 inches or greater, must be left dispersed approximately evenly throughout the outer zone.

(ii) Clumping strategy. Riparian leave trees must be left clumped in one of two ways: If clumped around one or more of the following sensitive features (if available), then the riparian leave trees must be 8 inches dbh or greater and representative of the overstory, canopy trees in or around the sensitive feature and may include both hardwood and conifer species:

(A) Seeps and springs;

(B) Forested wetlands;

(C) Topographic locations (and orientation) from which leave trees currently on the site will be delivered to the water;

(D) Areas where riparian leave trees may provide windthrow protection;

(E) Small unstable, or potentially unstable, slopes not of sufficient area to be detected by other site evaluations. WAC 222-16-050 (1)(d);

(F) Archeological or historical sites registered with the Washington state office of archeology and historic preservation. WAC 222-16-050 (1)(g); or

(G) Sites containing evidence of Native American cairns, graves or glyptic records. WAC 222-16-050 (1)(g).

If at the landowners option, trees are clumped away from sensitive features, then the riparian leave trees must be of conifer species with a dbh of 12 inches or greater.

If sensitive features are not present, then clumps must be well distributed throughout the outer zone. When placing clumps, the applicant will consider operational and biological concerns. Tree counts must be satisfied regardless of the presence of stream-adjacent parallel roads in the outer zone.

(iii) Large woody debris in-channel placement strategy. A landowner may design a LWD placement plan in cooperation with the department of fish and wildlife. The plan must be consistent with guidelines in the board manual section 7. When the department of fish and wildlife approves the plan, the landowner may reduce the number of trees required to be left in the outer zone to the extent provided in the approved LWD placement plan. Reduction of trees in the outer zone must not go below a minimum of 10 trees per acre. If this strategy is chosen, a complete forest practices application must include a copy of the WDFW approved plan.

(iv) Twenty riparian leave trees must be left after harvest with the exception of the following:

(A) If a landowner agrees to implement a placement strategy, see (iii) of this subsection.

(B) If trees are left in an associated channel migration zone, the landowner may reduce the number of trees required to be left according to the following:

(I) Offsets will be measured on a basal area-for-basal area basis.

(II) Conifer in a CMZ equal to or greater than 6" dbh will offset conifer in the outer zone at a one-to-one ratio.

(III) Hardwood in a CMZ equal to or greater than 10" dbh will offset hardwood in the outer zone at a one-to-one ratio.

(IV) Hardwood in a CMZ equal to or greater than 10" dbh will offset conifer in the outer zone at a three-to-one ratio.

*(2) Western Washington RMZs for Type 4 and 5 Waters.

(a) An equipment limitation zone is a 30-foot wide buffer measured horizontally from the bankfull width of a Type 4 or 5 Water where equipment is limited. It applies to all perennial and seasonal streams.

(i) On-site mitigation is required if any of the following activities disturbs more than 10% of the zone:

(A) Ground based equipment;

(B) Skid trails;

(C) Stream crossings (other than existing roads); or

(D) Cabled logs that are partially suspended.

(ii) The department may require mitigation for any amount of soil disturbance that could result in significant delivery of sediment to any water.

(iii) Mitigation must be designed to replace the equivalent of lost functions especially prevention of sediment delivery. Examples include water bars, grass seeding, mulching, etc.

(b) Sensitive site RMZs on Type 4 Waters. Forest practices must be conducted to protect sensitive sites as detailed below:

(i) A 50-foot, no-harvest buffer, measured horizontally from the bankfull width, will be established along each side of the Type 4 Water as follows:


Required no-harvest, 50-foot buffers on Type 4 Waters.

Length of Type 4 Water from intersection of Type 1, 2 or 3 Water Length of 50' buffer required on Type 4 Water
Greater than 1000' 500'
Greater than 300' but less than 1000' Distance of the greater of 300' or 50% of the entire length of the Type 4 Water
Less than or equal to 300' The entire length of Type 4 Water

(ii) No timber harvest is permitted in an area within 50 feet of the outer perimeter of a soil zone perennially saturated from a headwall seep.

(iii) No timber harvest is permitted in an area within 50 feet of the outer perimeter of a soil zone perennially saturated from a side-slope seep.

(iv) No timber harvest is permitted in an area within 50 feet of a side-slope spring.

(v) No timber harvest is permitted within a 100-foot by 100-foot buffer patch centered on a perennial initiation point.

(vi) No timber harvest is permitted within an alluvial fan.

(vii) No timber harvest is permitted within a 100-foot by 100-foot buffer patch centered on the point of intersection of two or more Type 4 Waters.

(viii) If sensitive sites do not add up to at least 50% of the length of the Type 4 Waters within a proposed operating area, then additional priority areas must be added until the total RMZ on Type 4 Waters equals at least 50% of the length of the Type 4 Waters within the proposed operating area. The landowner must select the necessary priority areas for additional buffers according to the following priorities:

(A) Low gradient areas;

(B) Perennial water reaches of nonsedimentary rock with gradients greater than 20% in the tailed frog habitat range;

(C) Hyporheic and ground water influence zones; and

(D) Areas downstream from other buffered areas.

Except for the construction and maintenance of road crossings and the creation and use of yarding corridors, no timber harvest will be allowed in the designated priority areas. Landowners must leave additional acres equal to the number of acres (including partial acres) occupied by an existing, stream-adjacent parallel road within a designated priority area buffer.

(c) None of the limitations on harvest in or around sensitive sites listed in (b) of this subsection will preclude or limit:

(i) The construction and maintenance of roads for the purpose of crossing streams in WAC 222-24-030 and 222-24-050.

(ii) The creation and use of yarding corridors in WAC 222-30-060(1).

To the extent reasonably practical, the operation will both avoid creating yarding corridors or road crossings through sensitive sites and associated buffers and avoid management activities which would result in soil compaction, the loss of protective vegetation or sedimentation in perennially moist areas.

Where yarding corridors or road crossings through sensitive sites and their buffers cannot reasonably be avoided, the buffer area must be expanded to protect the sensitive site by an area equivalent to the disturbed area or by providing comparable functions through other management initiated efforts.

Landowners must leave additional acres equal to the number of acres (including partial acres) occupied by an existing, stream-adjacent parallel road within a sensitive site buffer.

[]


NEW SECTION
WAC 222-30-022
*Eastern Washington riparian management zones.

These rules apply to all typed waters on forest land in Eastern Washington, except as provided in WAC 222-30-023. RMZs are measured horizontally from the outer edge of the bankfull width or channel migration zone, whichever is greater, and extend to the limits as described in the following section.


Eastern Washington RMZ for streams less than 15 feet

Site

Class

RMZ

Width

Core Zone

From bankfull width or CMZ, whichever is greater

Inner

Zone

Width

< 15'

Outer

Zone

Width

I 130' 30' 45' 55'
II 110' 30' 45' 35'
III 90' 30' 45' 15'
IV 75' 30' 45' 0'
V 75' 30' 45' 0'

Eastern Washington RMZ for streams greater than or equal to 15 feet

Site

Class

RMZ

Width

Core Zone

From bankfull width or CMZ, whichever is greater

Inner

Zone

Width

≥ 15'

Outer

Zone

Width

I 130' 30' 70' 30'
II 110' 30' 70' 10'
III 100' 30' 70' 0'
IV 100' 30' 70' 0'
V 100' 30' 70' 0'

*(1) Eastern Washington RMZs on Type 1, 2 and 3 Waters have three zones: The core zone is adjacent to the water, the inner zone is the middle zone, and the outer zone is furthest from the water. Permitted forest practices vary by timber habitat type and site class.

None of the limitations on harvest in each of the three zones listed below will preclude or limit the construction and maintenance of roads for the purpose of crossing streams in accordance with WAC 222-24-030 and 222-24-050, or the creation and use of yarding corridors in accordance with WAC 222-30-060(1).

(a) Core zones provide these riparian functions: Bank stability, shade, sediment control, and large woody debris. The core zone extends 30 feet measured horizontally from the edge of the bankfull width or outer edge of the CMZ, whichever is greater, for all timber habitat types. No harvest or construction is allowed in the core zone except as detailed in subsection (1) of this section. Any trees cut for or damaged by yarding corridors must be left on site. Any trees cut as a result of road construction to cross a stream may be removed from the site unless used as part of a large woody debris replacement strategy.

(b) Inner zones provide these riparian functions: Large woody debris, shade, sediment control, nutrients and litter fall. Width and leave tree requirements of the inner zone vary by timber habitat type as outlined below.

(i) Ponderosa pine habitat type.

(A) The width of the inner zone is 70 feet measured horizontally from the outer edge of the core zone on streams greater than 15 feet bankfull width or 45 feet measured horizontally from the outer edge of the core zone on streams with a bankfull width of 15 feet or less.

(B) No harvest within the inner zone is permitted unless the basal area of conifer and hardwoods is greater than 110 square feet per acre for trees greater than 6 inches dbh or unless the basal area of conifer and hardwoods is less than 60 square feet per acre for trees greater than 6 inches dbh.

(C) If the basal area is greater than 110 square feet, harvest is permitted. The harvest must leave at least 50 trees per acre and a basal area of at least 60 square feet per acre as follows:

(I) The 21 largest trees must be left. The remaining 29 trees must be greater than or equal to 10 inches dbh. If there are not 29 10-inch dbh trees, then all 10-inch dbh trees must be left plus the largest remaining trees.

(II) If additional trees are needed to meet the minimum basal area of 60 square feet in (C) of this subsection, then trees greater than 6 inches dbh must be selected based on the following priority order:

Provide shade to water;

Lean towards the water;

Preferred species, as defined in WAC 222-16-010;

Evenly distributed across the inner zone.

No more than 100 trees per acre are required to be left if it takes more than 100 trees to reach a basal area of 60 square feet per acre.

(D) If the basal area is less than 60 square feet and there are more than 100 trees per acre, harvest is permitted. The harvest must leave 100 trees per acre as follows:

(I) The first 50 trees per acre to be left must be as follows: The 21 largest trees must be left. The remaining 29 trees must be greater than or equal to 10 inches dbh. If there are not 29 10-inch dbh trees, then all 10-inch dbh trees must be left plus the largest remaining trees.

(II) An additional 50 trees per acre are required greater than 6 inches dbh based on the following priority order:

Provide shade to water;

Lean towards the water;

Preferred species, as defined in WAC 222-16-010;

Evenly distributed across the inner zone.

(E) Twelve tons of down wood per acre must be left as follows:

(I) Six pieces greater than 16 inches diameter and 20 feet in length; and

(II) Four pieces greater than 6 inches in diameter and 20 feet in length.

Note: If the minimum tonnage is not present prior to harvest activities, the landowner must state this fact on the forest practices application.

(F) See stream-adjacent parallel roads for all timber habitat types in (iv) of this subsection if there is a stream-adjacent parallel road in this zone.

(ii) Mixed conifer habitat type.

(A) The width of the inner zone is 70 feet measured horizontally from the outer edge of the core zone on streams greater than 15 feet bankfull width or 45 feet measured horizontally from the outer edge of the core zone on streams with a bankfull width of 15 feet or less.

(B) No harvest is permitted within the inner zone unless the basal area of conifer and hardwoods for trees greater than 6 inches dbh is:

(I) Greater than 110 or less than 70 square feet per acre on low site indexes (site index less than 90); or

(II) Greater than 130 or less than 90 square feet per acre on medium site indexes (site index between 90 and 110); or

(III) Greater than 150 or less than 110 square feet per acre on high site indexes (site index greater than 110).

(C) If the basal area meets the maximum requirements in (B) of this subsection, harvest is permitted. Harvest must leave at least 50 trees per acre with at least a basal area of 70 square feet per acre on low site indexes or 90 square feet per acre on medium site indexes or 110 square feet per acre on high site indexes and down wood as follows:

(I) The 21 largest trees must be left. The remaining 29 trees must be greater than or equal to 10 inches dbh. If there are not 29 10-inch dbh trees, then all 10-inch dbh trees must be left plus the largest remaining trees.

(II) If more than 50 trees are needed to meet the basal area minimum in (B) of this subsection trees greater than 6 inches dbh must be selected based on the following priority order:

Provide shade to water;

Lean towards the water;

Preferred species, as defined in WAC 222-16-010; or

Evenly distributed across the inner zone.

No more than 120 trees per acre are required to be left if it takes more than 120 trees to reach the minimum basal area required in (B) of this subsection.

(D) If the basal area is less than the minimum requirements in (B) of this subsection, and there are more than 120 trees per acre, harvest is permitted. Harvest must leave 120 trees per acre. The following trees must be left:

(I) The first 50 trees per acre to be left must be as follows: The 21 largest trees must be left. The remaining 29 trees must be greater than or equal to 10-inches dbh. If there are not 29 10-inch dbh trees, then all 10-inch dbh trees must be left plus the largest remaining trees.

(II) An additional 70 trees are required to be left that are greater than 6 inches dbh based on the following priority order:

Provide shade to water;

Lean towards the water;

Preferred species, as defined in WAC 222-16-010; or

Evenly distributed across the inner zone.

No more than 120 trees per acre are required to be left.

(E) Twenty tons of down wood per acre is required to be left as follows:

(I) 16 pieces greater than 16 inches diameter and 20 feet in length; and

(II) 8 pieces greater than 6 inches in diameter and 20 feet in length.

Note: If the minimum tonnage is not present prior to harvest activities, landowners must identify this in the application for harvest.

(F) See stream-adjacent parallel roads for all timber habitat types in (iv) of this subsection if there is a parallel road in this zone.

(iii) High elevation habitat type.

(A) Follow requirements for Western Washington riparian management zones, WAC 222-30-021 (1)(b).

(B) Thirty tons of down wood per acre is required to be left as follows:

(I) 8 pieces greater than 16 inches diameter and 20 feet in length; and

(II) 8 pieces greater than 6 inches in diameter and 20 feet in length.

Note: If the minimum tonnage is not present prior to harvest activities, landowners must identify this in the application for harvest.

(C) See stream-adjacent parallel roads for all timber habitat types in (iv) of this subsection if there is a parallel road in this zone.

(iv) Stream-adjacent parallel roads for all timber habitat types in the inner zone. Where a stream-adjacent parallel road exists in the inner zone and the required basal area cannot be met due to the presence of the road, then the location of the road determines the allowable operations as follows:

(A) For a bankfull width that is equal to or greater than 15 feet:

(I) If the edge of the road closest to the stream is 75 feet or more from the bankfull width of the stream or CMZ, whichever is greater, then no harvest is permitted in the inner zone. Trees within the inner zone on the uphill side of the road are retained for shade, sediment filtering and other riparian functions.

(II) If the edge of the road closest to the stream is less than 75 feet from the bankfull width of the stream or CMZ, whichever is greater, then no harvest is permitted within the inner zone on the stream side of the road. The department will require additional leave trees to be left, near the streams in the unit to be harvested, which are equal in total basal area to the trees lost due to the road. See site specific management activities to replace lost riparian functions or the large woody placement guidelines in the board manual section 7.

(B) For a bankfull width less than 15 feet:

(I) If the edge of the road closest to the stream is 50 feet or more from the bankfull width or CMZ, whichever is greater, then no harvest is permitted in the inner zone. Trees within the inner zone on the uphill side of the road are retained for shade, sediment filtering and other riparian functions.

(II) If the edge of the road closest to the stream is less than 50 feet from the bankfull width or CMZ, whichever is greater, then no harvest is permitted within the inner zone on the streamside of the road. The department will require additional leave trees to be left, near the streams in the unit to be harvested, which are equal in total basal area to the trees lost due to the road. See site specific management activities to replace lost riparian functions or the large woody placement guidelines in the board manual section 7.

Note: The shade rule, WAC 222-30-040, must be met whether or not the inner zone includes a stream-adjacent parallel road.

(c) Outer zones provide these functions: Large woody debris recruitment and protection from windthrow. This zone has three categories based on timber habitat type: Ponderosa pine, mixed conifer and high elevation. The width of this zone is 0 to 55 feet measured horizontally from the outer edge of the inner zone depending on the site class and stream width. (See WAC 222-16-010 definition of "RMZ outer zone.")

(i) Tree counts that must be left per acre, regardless of the presence of an existing stream-adjacent parallel road in the zone, are:

(A) Ponderosa pine habitat type - 10 dominant or co-dominant trees.

(B) Mixed conifer habitat type - 15 dominant or co-dominant trees.

(C) High elevation habitat type - See requirements for Western Washington RMZs. WAC 222-30-021 (1)(c).

(ii) Trees must be left on the landscape according to one of the following two strategies:

(A) Dispersal strategy. Riparian leave trees, which means conifer species with a diameter measured at breast height (dbh) of 12 inches or greater, must be left dispersed approximately evenly throughout the outer zone.

(B) Clumping strategy. Riparian leave trees must be left clumped in one of two ways:

(I) If clumped around one or more of the following sensitive features (if available), then the riparian leave trees must be 8 inches dbh or greater and representative of the overstory, canopy trees in or around the sensitive feature. They may include both hardwood and conifer species. The sensitive features are:

Seeps and springs;

Forested wetlands;

Topographic locations (and orientation) from which leave trees currently on the site will be delivered to the water;

Areas where riparian leave trees may provide windthrow protection;

Small unstable, or potentially unstable, slopes not of sufficient area to be detected by other site evaluations. See WAC 222-16-050 (1)(d);

Archeological or historical sites registered with the Washington state office of archeology and historic preservation. See WAC 222-16-050 (1)(g); or

Sites containing evidence of Native American cairns, graves or glyptic records. See WAC 222-16-050 (1)(g).

(II) If at the landowner's option, trees are clumped away from sensitive features, then the riparian leave trees must be of conifer species with a dbh of 12 inches or greater.

If sensitive features are not present, then clumps must be well distributed throughout the outer zone. When placing clumps, the applicant will consider operational and biological concerns.

*(2) Eastern Washington RMZs on Types 4 and 5 Waters.

(a) An equipment limitation zone is a 30-foot wide buffer measured horizontally from the bankfull width of a Type 4 or 5 Water where equipment is limited. It applies to all perennial and seasonal streams.

(i) On-site mitigation is required if any of the following activities disturbs more than 10% of the zone:

(A) Ground based equipment;

(B) Skid trails;

(C) Stream crossings (other than existing roads); or

(D) Cabled logs that are partially suspended.

(ii) The department may require mitigation for any amount of soil disturbance that could result in significant delivery of sediment to any water.

(iii) Mitigation must be designed to replace the equivalent of lost functions, especially prevention of sediment delivery. Examples include water bars, grass seeding, mulching, etc.

(b) Type 4 Waters.

(i) Within 50 horizontal feet of the bankfull width of the stream, the landowner must identify either a partial cut and/or clearcut strategy for each unit to be harvested as follows:

(A) For partial cuts:

(I) Basal areas must meet the timber type dependent basal areas required for the Eastern Washington RMZ inner zone.

(II) Where a road exists parallel to the stream, the basal area required in (I) of this subsection is required to be left. (See stream-adjacent parallel roads below.)

(III) The trees to be included in the basal area determination and left after harvest must include:

The 10 largest trees per acre;

Up to an additional 40 trees must be greater than or equal to 10 inches dbh, or if all or some of the trees are not at least 10 inches dbh, then the largest of the remaining trees; and

If the basal area target has not been met with the trees required above, up to an additional 50 trees are required greater than 6 inches in dbh based on the following priority order:

Provide streambank stability;

Provide shade to water;

Lean towards the water;

Preferred species, as defined in WAC 222-16-010; or

Evenly distributed across the inner zone.

(B) For clearcuts:

(I) The streamside boundary of the clearcut must:

Not exceed 30% of the total stream reach in the harvest unit;

Not exceed 300 continuous feet in length;

Not be located within 500 feet of the intersection of a Type 1, 2 or 3 Water; and

Not occur within 50 feet of a defined sensitive site. See WAC 222-16-010.

(II) When the buffer is planned to be clearcut in (I) of this subsection, the landowner must simultaneously designate a no-cut zone in the buffer that is equal in area to the clearcut portion of the buffer.

Note: Once approved by the department, the selected strategy will remain in effect until July 1, 2051. If a landowner transfers title of the harvest unit, the landowner must provide written notice of this continuing obligation to the new owner and send a copy to the department. See WAC 222-20-055.

(c) Stream-adjacent parallel roads for Type 4 Waters. If a road exists in a Type 4 RMZ and the basal area required to be left cannot be met within 50 horizontal feet of the bankfull width of the stream due to the presence of the road, then the distance of the road to the stream determines the allowable operations as follows:

(i) A road that measures 30 to 49 horizontal feet from the bankfull width of the stream requires:

(A) A total of 100 horizontal feet of riparian zone (both sides of the stream count towards the total) must be left in a manner to provide maximum functions for nonfish use streams. If harvest is taking place on only one side of the stream, then 50' of RMZ must be left, regardless of presence of a stream-adjacent parallel road.

(B) The location of the riparian zone required in (A) of this subsection will be based on the following:

(I) Preferred: The area between the stream and the stream side edge of the road.

(II) The area that provides the most shade to the channel.

(III) The area that is most likely to deliver large woody debris to the channel.

(ii) A road that measures less than 30 horizontal feet from the bankfull width of the stream requires in addition to (c)(i)(A) and (B) of this subsection, that all trees between the stream and the streamside edge of the road must be left.

[]


NEW SECTION
WAC 222-30-023
Riparian management zones for exempt 20-acre parcels.

On parcels of 20 contiguous acres or less, landowners with total parcel ownership of less than 80 acres shall not be required to leave the riparian buffers described in WAC 222-30-021. As required by RCW 76.13.130, these landowners are subject to the permanent riparian management zone rules in effect as of January 1, 1999, plus an additional fifteen percent leave tree requirement.

*(1) Western Washington RMZs for exempt 20-acre parcels. Riparian management zones are measured horizontally from the bankfull width of a Type 1, 2 or 3 Water and extend to the line where vegetation changes from wetland to upland plant community, or the line required to leave sufficient shade as required by WAC 222-30-040, whichever is greater, but must not be less than 29 feet in width nor more than the maximum widths described in (c) of this subsection, provided that the riparian management zone width shall be expanded as necessary to include wetlands or ponds adjacent to the stream. When the riparian management zone overlaps a Type A or B Wetland or a wetland management zone, the requirement which best protects public resources shall apply.

(a) Harvest units shall be designed so that felling, bucking, yarding or skidding, and reforestation can be accomplished in accordance with these regulations, including those regulations relating to stream bank integrity and shade requirements to maintain stream temperature. Where the need for additional actions or restrictions adjacent to waters not covered by the following become evident, WAC 222-12-050 and 222-12-060 may apply.

(b) When requested in writing by the applicant, the department shall assist in preparation of an alternate plan for the riparian management zone.

(c) Within the riparian management zone, there shall be trees left for wildlife and fisheries habitat as provided for in the chart below. Fifty percent or more of the trees shall be live and undamaged on completion of the harvest. The leave trees shall be randomly distributed where feasible; some clumping is allowed to accommodate operational considerations. The number, size, species and ratio of leave trees, deciduous to conifer, is specified by the bed material and average width of the water type within the harvest unit. Trees left according to (d) of this subsection may be included in the number of required leave trees in this subsection.


Western Washington Riparian Leave Tree Requirements

For exempt 20-acre parcels

Water

Type/Average

Width

RMZ

Maximum

Width

Ratio of

Conifer to Deciduous/

Minimum Size Leave Trees

# Trees/1000 ft. each side
Gravel/Cobble

<10" Diameter

Boulder/Bedrock
1 & 2 Water

75' & over

115' representative of stand 58 trees 29 trees
1 & 2 Water

under 75'

86' representative of stand 115 trees 60 trees
3 Water

5' & over

58' 2 to 1/12" or next largest available 86 trees 29 trees
3 Water

less than 5'

29' 1 to 1/6" or next largest available 29 trees 29 trees

"Or next largest available" requires that the next largest trees to those specified in the rule be left standing when those available are smaller than the sizes specified.

Ponds or lakes which are Type 1, 2 or 3 Waters shall have the same leave tree requirements as boulder/bedrock streams.

(d) For wildlife habitat within the riparian management zone, leave an average of 5 undisturbed and uncut wildlife trees per acre at the ratio of 1 deciduous tree to 1 conifer tree equal in size to the largest existing trees of those species within the zone. Where the 1 to 1 ratio is not possible, then substitute either species present. Forty percent or more of the leave trees shall be live and undamaged on completion of harvest. Wildlife trees shall be left in clumps whenever possible.

(e) When 10 percent or more of the harvest unit lies within any combination of a riparian management zone of Type 1, 2 or 3 Waters or a wetland management zone and the harvest unit is a clearcutting of 20 acres or less, leave not less than 50 percent of the trees required in (c) of this subsection.

*(2) Eastern Washington riparian management zones for exempt 20-acre parcels. These zones shall be measured horizontally from the ordinary high-water mark of Type 1, 2 or 3 Waters and extend to the line where vegetation changes from wetland to upland plant community, or to the line required to leave sufficient shade as required by WAC 222-30-040, whichever is greater, but shall not be less than the minimum width nor more than the maximum widths described in (c) of this subsection, provided that the riparian management zone width shall be expanded as necessary to include wetlands or ponds adjacent to the stream. When the riparian management zone overlaps a Type A or B Wetland or a wetland management zone, the requirement which best protects public resources shall apply.

(a) Harvest units shall be designed so that felling, bucking, yarding or skidding, and reforestation can be accomplished in accordance with these regulations, including those regulations relating to stream bank integrity and shade requirements to maintain stream temperature. Where the need for additional actions or restrictions adjacent to waters not covered by the following become evident, WAC 222-12-050 and 222-12-060 may apply.

(b) When requested in writing by the applicant, the department shall assist in preparation of an alternate plan for the riparian management zone.

(c) Within the riparian management zone, there shall be trees left for wildlife and fisheries habitat as provided for below. Fifty percent or more of the trees shall be live and undamaged on completion of the harvest. The leave trees shall be randomly distributed where feasible; some clumping is allowed to accommodate operational considerations.

(i) The width of the riparian management zone shall be based on the adjacent harvest type as defined in WAC 222-16-010 "Partial cutting." When the adjacent unit harvest type is:

Partial cutting - The riparian management zone width shall be a minimum of 35 feet to a maximum of 58 feet on each side of the stream.

Other harvest types - The riparian management zone shall average 58 feet in width on each side of the stream with a minimum width of 35 feet and a maximum of 345 feet on each side of the stream.

(ii) Leave tree requirements within the riparian management zones of Type 1, 2 or 3 Waters:

(A) Leave all trees 12 inches or less in diameter breast height (dbh); and

(B) Leave all wildlife reserve trees within the riparian management zone where operations in the vicinity do not violate the state safety regulations (chapter 296-54 WAC and chapter 49.17 RCW administered by department of labor and industries, safety division); and

(C) Leave 18 live conifer trees/acre between 12 inches dbh and 20 inches dbh distributed by size, as representative of the stand; and

(D) Leave 4 live conifer trees/acre 20 inches dbh or larger and the 2 largest live deciduous trees/acre 16 inches dbh or larger. Where these deciduous trees do not exist, and where 2 wildlife reserve trees/acre 20 inches or larger do not exist, substitute 2 live conifer trees/acre 20 inches dbh or larger. If live conifer trees of 20 inches dbh or larger do not exist within the riparian management zone, then substitute the 5 largest live conifer trees/acre; and

(E) Leave 3 live deciduous trees/acre between 12 inches and 16 inches dbh where they exist.

(iii) Minimum leave tree requirements per acre for Type 1, 2 and 3 Waters. Trees left for (c)(ii) of this subsection shall be included in the minimum counts.

(A) On streams with a boulder/bedrock bed, the minimum leave tree requirements shall be 75 trees/acre 4 inches dbh or larger.

(B) On streams with a gravel/cobble (less than 10 inches diameter) bed, the minimum leave tree requirement shall be 155 trees/acre 4 inches dbh or larger.

(C) On lakes or ponds the minimum leave tree requirement shall be 86 trees/acre 4 inches dbh or larger.

Note: See the board manual for guidelines for calculating trees/acre and average RMZ widths.

(d) When 10 percent or more of the harvest unit lies within any combination of a riparian management zone of Type 1, 2 or 3 Waters or a wetland management zone and the harvest unit is 20 acres or less, leave not less than 50 percent of the trees required in (c) of this subsection. (See WAC 222-16-010 "Partial cutting.")

*(3) Riparian leave tree areas for exempt 20-acre parcels. The department will require trees to be left along Type 4 Water where such practices are necessary to protect public resources. Where such practices are necessary, leave at least 29 conifer or deciduous trees, 6 inches in diameter or larger, on each side of every 1000 feet of stream length within 29 feet of the stream. The leave trees may be arranged to accommodate the operation.

[]


AMENDATORY SECTION(Amending WSR 93-12-001, filed 5/19/93, effective 6/19/93)

WAC 222-30-040
Shade requirements to maintain ((stream)) water temperature.

*(1) Determination of adequate shade.  The temperature prediction method in subsections (2) and (3) of this section shall be used to determine appropriate shade levels for flowing Type 1, 2, and 3 Waters to prevent excessive water temperatures which may have detrimental impact on aquatic resources. No tree may be harvested from the RMZ inner zone of any Type 1, 2 or 3 Water if, according to the methodology, that tree is providing shade to the stream necessary to maintain compliance with temperature standards. If a landowner elects to remove any tree within 75 feet of any Type 1, 2 or 3 Water, the landowner must demonstrate, using the methods in the board manual section 1, that the removal of the tree would not be contrary to the restrictions of this subsection. Note: Within the bull trout overlay, all available shade will be retained within 75 feet of bankfull width or CMZ of the stream. (See board manual section 7.)

*(2) Temperature prediction method.  In addition to the riparian management zone requirements, leave trees shall be retained in riparian management zones on flowing Type 1, 2, and 3 Waters as provided by the method described in the board manual which includes the following considerations:

(a) Minimum shade retention requirements; and

(b) Regional water temperature characteristics; and

(c) Elevation; and

(d) Temperature criteria defined for stream classes in chapter 173-201A WAC.

*(3) Leave tree requirements for shade.  The method described in subsection (2) of this section ((shall)) must be used to establish the minimum required shade cover based on site specific characteristics.  When site specific data indicate that preharvest conditions do not meet the minimums established by the method, no additional shade removal from riparian management zones will be allowed.

*(4) Shade requirements must be satisfied whether or not the inner zone includes a stream-adjacent parallel road. Nothing will preclude or limit the harvest of shade trees in connection with the construction and maintenance of road crossings or the creation and use of yarding corridors. (See WAC 222-30-060(1).)

*(5) Waivers. The department may waive or modify the shade requirements where:

(((a) The applicant agrees to a staggered setting program producing equal or greater shade requirements to maintain stream temperature; or

(b) The applicant provides alternative means of stream temperature control satisfactory to the department; or

(c))) The temperature method indicates that additional shade will not affect ((stream)) water temperature.

[Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW.  93-12-001, 222-30-040, filed 5/19/93, effective 6/19/93.  Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW.  92-15-011, 222-30-040, filed 7/2/92, effective 8/2/92.  Statutory Authority: RCW 76.09.040.  87-23-036 (Order 535), 222-30-040, filed 11/16/87, effective 1/1/88.  Statutory Authority: RCW 76.09.040 and 76.09.050.  82-16-077 (Resolution No. 82-1), 222-30-040, filed 8/3/82, effective 10/1/82; Order 263, 222-30-040, filed 6/16/76.]


NEW SECTION
WAC 222-30-045
Salvage logging within riparian management zones.

Salvage logging within a riparian management zone is based upon the zone (core, inner or outer) in which the tree was originally located, applicable riparian stand requirements and the extent of previous harvest activities in the zone.

*(1) Salvage logging within the bankfull width of any typed water. No salvage may take place within the bankfull width of any typed water.

(2) Salvage logging in a core zone or channel migration zone. No salvage may take place within the RMZ core zone or a channel migration zone, including any portion of those trees that may have fallen outside of these zones.

(3) Salvage logging in the inner zone. Salvage may not take place within the inner zone if the stand requirements cannot be met by the residual stand. If the proposed salvage involves down tree(s) that originated from the inner zone, salvage of down wood may only be permitted if the down wood was not needed to meet stand requirements in the inner zone. Salvage of any existing down wood may not take place if the unremoved balance of down wood is insufficient to meet the regional down wood guidelines in (a), (b) and (c) of this subsection. Conduct of salvage within the inner zone must be conducted to protect residual undamaged trees within the inner zone. Down wood guidelines for salvage in RMZ inner zones are:

(a) In Western Washington and the Eastern Washington high-elevation habitat type:


Structural class I & II

(Scale I-III)

< 1 foot

diameter

1-2 foot

diameter

> 2 foot

diameter

Total
Number of logs/acre 85 83 26 194

(b) In Eastern Washington mixed conifer habitat type: Ninety logs per acre (Class I and II) sized at least 6 inches in diameter at the large end. Logs with diameters greater than 12 to 15 inches are higher value and should be retained as a high proportion where available.

(c) In Eastern Washington ponderosa pine habitat type:



Placeholder for guidelines to be developed.


(4) Salvage logging in the outer zone. Salvage may not take place within the outer zone if the riparian leave tree requirements cannot be met by the residual stand. If the proposed salvage involves tree(s) that are down that originated from the outer zone, salvage may only be permitted of down wood if the down wood was not needed to meet riparian leave tree requirements in the outer zone.

[]


AMENDATORY SECTION(Amending WSR 97-24-091, filed 12/3/97, effective 1/3/98)

WAC 222-30-060
Cable yarding.

*(1) Type 1, 2 and 3 Waters. No timber shall be cable yarded in or across a Type 1, 2 or 3 Waters except where the logs will not materially damage the bed of waters, banks or riparian management zones ((and removals from Type 1, 2 or 3 Water have hydraulic project approval of the department of fish and wildlife)). If yarding across Type 1, 2 or 3 Waters is permitted, then yarding is limited to cable or other aerial logging methods. Any work in or above Type 1, 2 or 3 Waters requires a hydraulics project approval (HPA). Logs must be fully suspended above the water unless otherwise allowed in the applicable HPA. Yarding corridors must be no wider or more numerous than necessary to accommodate safe and efficient transport of logs. Generally, yarding corridors should be located no closer to each other than 150 feet (measured edge to edge) and should be no wider than 30 feet. Safety is a prime consideration in the location of yarding corridors. Total openings resulting from yarding corridors must not exceed 20% of the stream length associated with the forest practices application. When changing cable locations, care must be taken to move cables around or clear of the riparian vegetation to avoid damage to riparian vegetation.

*(2) Type A or B Wetlands. No timber shall be cable yarded in or across Type A or B Wetlands without written approval from the department.

*(3) Deadfalls. Any logs which are firmly embedded in the bed of a Type 1, 2, 3 and 4 Waters shall not be removed or unnecessarily disturbed without approval of the department of fish and wildlife.

*(4) Yarding in riparian management zones and wetland management zones. Where timber is yarded from or across a riparian management zone, or wetland management zone reasonable care shall be taken to minimize damage to the vegetation providing shade to the stream or open water areas and to minimize disturbance to understory vegetation, stumps and root systems.  Where practical and consistent with good safety practices, logs shall be yarded in the direction in which they lie and away from Type A or B Wetlands or Type 1, 2 and 3 Waters until clear of the wetland management zone or riparian management zone.

(5) Direction of yarding.

(a) Uphill yarding is preferred.

(b) Where downhill yarding is used, reasonable care shall be taken to lift the leading end of the log to minimize downhill movement of slash and soils.

*(c) When yarding parallel to a Type 1, 2 or 3 Water channel below the 50-year flood level or within the riparian management zone, reasonable care shall be taken to minimize soil disturbance and to prevent logs from rolling into the stream, lake, pond, or riparian management zone.

(6) Disturbance avoidance for northern spotted owls.  The operation of heavy equipment within a SOSEA boundary shall not be allowed within 0.25 mile of a northern spotted owl site center between March 1 and August 31 provided that, this restriction shall not apply if:

(a) The landowner demonstrates that the owls are not actively nesting during the current nesting season; or

(b) The forest practice is operating in compliance with a plan or agreement developed for the protection of the northern spotted owl under WAC 222-16-080 (6)(a), (e), or (f).

(7) Disturbance avoidance for marbled murrelets. Yarding or operation of heavy equipment shall not be allowed within 0.25 mile of an occupied marbled murrelet site during the daily peak activity periods within the critical nesting season, provided that, this restriction shall not apply if the forest practice is operating in compliance with a plan or agreement developed for the protection of the marbled murrelet under WAC 222-16-080 (6)(a) or (c).

[Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW.  97-24-091, 222-30-060, filed 12/3/97, effective 1/3/98; 97-15-105, 222-30-060, filed 7/21/97, effective 8/21/97.  Statutory Authority: Chapters 76.09 and 34.05 RCW.  96-12-038, 222-30-060, filed 5/31/96, effective 7/1/96.  Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW.  92-15-011, 222-30-060, filed 7/2/92, effective 8/2/92.  Statutory Authority: RCW 76.09.040.  87-23-036 (Order 535), 222-30-060, filed 11/16/87, effective 1/1/88.  Statutory Authority: RCW 76.09.040 and 76.09.050.  82-16-077 (Resolution No. 82-1), 222-30-060, filed 8/3/82, effective 10/1/82; Order 263, 222-30-060, filed 6/16/76.]

OTS-3453.2


AMENDATORY SECTION(Amending WSR 92-15-011, filed 7/2/92, effective 8/2/92)

WAC 222-38-010
Policy--Forest chemicals.

*(1) Chemicals perform important functions in forest management.  The purpose of these regulations is to regulate the handling, storage and application of chemicals in such a way that the public health, lands, fish, wildlife, aquatic habitat, wetland and riparian management zone vegetation will not be damaged, and water quality will not be endangered by contamination.  This section in no way modifies the state department of agriculture regulations governing chemicals.

*(2) These rules are intended to implement best management practices designed to eliminate the direct entry of pesticides to water. Best management also includes minimizing the entry of forest chemicals into riparian zones, channel migration zones, wetland management zones or the core or inner zones of riparian management zones. Damage for purposes of this section includes any damage that would inhibit or preclude the existing vegetation from protecting public resources as required under the rules.


(NOTE: OTHER LAWS AND REGULATIONS AND/OR PERMIT REQUIREMENTS MAY APPLY. SEE CHAPTER 222-50 WAC.)

[Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW.  92-15-011, 222-38-010, filed 7/2/92, effective 8/2/92. Statutory Authority: RCW 76.09.040 and 76.09.050.  82-16-077 (Resolution No. 82-1), 222-38-010, filed 8/3/82, effective 10/1/82; Order 263, 222-38-010, filed 6/16/76.]


AMENDATORY SECTION(Amending WSR 97-24-091, filed 12/3/97, effective 1/3/98)

WAC 222-38-020
Handling, storage, and application of pesticides.

*(1) No pesticide leakage, contamination, pollution.

Transportation, handling, storage, loading, application, and disposal of pesticides shall be consistent with applicable label requirements and other state and federal requirements.

*(2) Mixing and loading areas.

(a) Mix pesticides and clean tanks and equipment only where any accidental spills would not enter surface water or wetlands.

(b) Storage and loading areas should be located where accidental spillage of pesticides will not enter surface water or wetlands.  If any pesticide is spilled, immediate appropriate procedures should be taken to contain it.

(c) Use devices or procedures to prevent "back siphoning" such as providing an air gap or reservoir between the water source and the mixing tank.

*(3) Riparian management ((zone)) and wetland management zones. Pesticide treatments within the riparian management zone core or inner zone or wetland management zone shall be by hand unless the department has approved a site specific plan with another method of treatment.

*(4) ((Wetland management zone. Pesticide treatment within the wetland management zone shall be by hand unless the department has approved a site specific plan with another method of treatment.

*(5))) Aerial application of pesticides.

(a) To keep pesticides out of the water((, leave a 50 foot)) and wetlands, a buffer ((strip)) will be maintained during operations on all ((typed waters, except segments of Type 4 and 5 Waters with no surface water and other areas of open water, such as ponds or sloughs.)) Type 1, 2 and 3 Waters and Type 4 and 5 surface waters and Type A and B Wetlands, as set forth in (a)(i) of this subsection. To protect riparian vegetation, pesticides must not be applied to the core and inner zone of any Type 1, 2 or 3 Waters or to Type A or B Wetland management zones. In addition, operators must maintain an offset from the outer edge of the inner zone and wetland management zones as set forth in (a)(i) and (ii) of this subsection. (See the forest practices board manual, section 16 for a detailed example.) Where the buffer and offset widths overlap, the distance of offset must be whichever distance is greater from Type 1, 2 or 3 Waters or Type A or B Wetlands for the applicable conditions. Aerial applications of pesticides in and around Type 4 or 5 Waters with surface water and Type B Wetlands must be buffered according to (a)(iii) of this subsection. (Note: These application requirements do not apply to B.t. (Bacillus thuringiensis). When applying B.t., the operator must meet all label requirements.)

(i) Buffers On Type 1, 2 and 3 Waters.


DETERMINING WIND FACTOR

(See the board manual section 16 for detailed examples.)

Favorable Calm or Unfavorable
NOZZLE TYPE APPLICATION HEIGHT BUFFER ON WATER

OFFSET FROM INNER ZONE BUFFER ON WATER OFFSET FROM INNER ZONE
Regular Nozzle

Low (≤ 16 ft.) Width of the inner zone As needed for safety 100 ft., or the inner zone, whichever is greater 50 ft.
Medium

(17-50 ft.)

Width of the inner zone As needed for safety 250 ft. N/A
High

(51-65 ft.)

Width of the inner zone As needed for safety 325 ft. N/A
Raindrop Nozzle Low (≤ 16 ft.) Width of the inner zone As needed for safety Width of inner zone 20 ft.
Medium

(17-50 ft.)

Width of the inner zone As needed for safety Width of inner zone 20 ft.
High

(51-65 ft.)

Width of the inner zone As needed for safety 125 ft. or the inner zone, whichever is greater 20 ft.

Note to the reader: Terms describing nozzle types will be clarified.


(ii) Buffers On Type A and B Wetlands.


DETERMINING WIND FACTOR

(See the board manual section 16 for detailed examples.)

Favorable Calm or Unfavorable
NOZZLE TYPE APPLICATION HEIGHT BUFFER ON WETLAND

OFFSET FROM WMZ BUFFER ON WETLAND OFFSET FROM WMZ
Regular Nozzle

Low (≤ 16 ft.)

Width of the WMZ As needed for safety 150 ft. N/A

Medium

(17-50 ft.)

Width of the WMZ As needed for safety 250 ft. N/A
High

(51-65 ft.)

Width of the WMZ As needed for safety 325 ft. N/A
Raindrop Nozzle Low (≤ 16 ft.) Width of the WMZ As needed for safety Width of WMZ 20 ft.
Medium

(17-50 ft.)

Width of the WMZ As needed for safety Width of WMZ 20 ft.
High

(51-65 ft.)

Width of the WMZ As needed for safety 125 ft. or the width of the WMZ, whichever is greater 20 ft.

Note to the reader: Terms describing nozzle types will be clarified.


(iii) Buffers On Type 4 or 5 Waters and Type B Wetlands less than 5 acres.


DETERMINING WIND FACTOR

(See the board manual section 16 for detailed examples.)

Favorable Calm or Unfavorable
Nozzle Type Buffer on wetland Buffer on wetland
Regular Nozzle 50 ft. 100 ft.
Raindrop Nozzle 50 ft. 70 ft.

Note to the reader: Terms describing nozzle types will be clarified.


(b) ((Apply)) The initial swath of aerial pesticides must be applied parallel to the applicable buffer strip identified in (a)(i) of this subsection unless a deviation is approved in advance by the department.  Drift control agents shall be required adjacent to buffer strips.  Operators applying aerial pesticides must avoid applications that might result in drift causing direct entry of pesticides into riparian management ((zones)) core and inner zone, Type A and B Wetlands, wetland management zones, and all typed waters((, except segments of Type 4 and 5 Waters with no surface water)).

(c) Operators applying aerial pesticides must use a bucket or spray device capable of immediate shutoff.

(d) Operators applying aerial pesticides must shut off spray equipment during turns and over open water.

(e) Operators applying aerial pesticides near residences or agricultural land must either:

(i) Leave at least a 200 foot no application buffer strip around residences and 100 foot no application buffer strip adjacent to lands used for agriculture ((unless such residence or farmland)); or

(ii) Apply the pesticides using the widest buffer for the applicable wind conditions as determined by the applicable tables in (a) of this subsection. These provisions do not apply where the residences or agricultural land that could be affected by drift from the aerial application of the pesticide is owned by the forest landowner or where the aerial application is acceptable to the resident or landowner.

(f) The landowner shall identify for the operator the units to be sprayed and the untreated areas within the units with appropriately marked aerial photos or detailed planimetric maps.  Before application of the pesticide an over-flight of the area shall be made by the pilot with the marked photos or maps. Stream and wetland buffers required under (a) of this subsection must be clearly visible from the air. The department may require additional field delineation of buffers where the operation is dependent on the use of ground cover features to determine unit area locations and where such ground cover is not readily distinguished from the no spray buffer areas.

(g) Aerial chemical application areas shall be posted by the landowner by signing at significant points of regular access at least 5 days prior to treatment.  Posting shall remain at least 15 days after the spraying is complete.  The department may require an extended posting period in areas where human use or consumption of plant materials is probable.  Posting at formal, signed trailheads that are adjacent to aerially treated units is required.  The signs will contain the name of the product used, date of treatment, a contact telephone number, and any applicable restrictions.

((*(6))) *(5) Ground application of pesticides with power equipment.

((Leave a 25-foot buffer strip on each side of Type A or B Wetlands and all typed waters, except segments of Type 4 and 5 Waters with no surface water.)) Ground application of pesticides with power equipment is prohibited within the core and inner zone of Type 1, 2 and 3 Waters, unless prescribed for hardwood conversion or as necessary to meet requirements for noxious weed control. In addition, operators shall maintain a 25 foot no application buffer strip around Type A or B Wetlands and on all sides of all other surface waters. Provided, however, That the department may condition forest practices applications to not require buffering of dry stream segments (i.e., channels with no surface water) where the results of such conditioning would be consistent with the policies stated in WAC 222-38-010 (1) and (2).

((*(7))) *(6) Hand application of pesticides.

((Apply only)) Pesticides being applied by hand must only be applied to specific targets, such as vegetation, trees, stumps, and burrows, or as bait or in traps. No pesticides may be applied by hand within the core zone of Type 1, 2 and 3 Waters unless prescribed for hardwood conversion or as necessary to meet requirements for noxious weed control.

((*(8))) *(7) Limitations on application. Pesticides shall be applied only in accordance with all limitations:

(a) Printed on the United States Environmental Protection Agency container registration label, and/or

(b) Established by regulation of the state department of agriculture.

(c) Established by state and local health departments (in municipal watersheds).

(d) Established by the Federal Occupational Safety and Health Administration, or the state department of labor and industries, as they relate to safety and health of operating personnel and the public.

(e) The department or the department of agriculture may suspend further use of any equipment responsible for chemical leakage until the deficiency has been corrected to the satisfaction of the department suspending its usage.

((*(9))) *(8) Container disposal. Pesticide containers shall be either:

(a) Removed from the forest and disposed of in the manner consistent with label directions; or

(b) Removed and cleaned for reuse in a manner consistent with any applicable regulations of the state department of agriculture or the state or local health departments.

((*(10))) *(9) Daily records - aerial application of pesticides. On all aerial applications of pesticides, the operator shall maintain for 7 years daily records of spray operations as required by the state department of agriculture WAC 16-228-190.

((*(11))) *(10) Reporting of spills. All potentially damaging chemical spills shall be immediately reported to the department of ecology.  Emergency telephone numbers for reporting spills shall be available at the department's regional offices.

[Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW.  97-24-091, 222-38-020, filed 12/3/97, effective 1/3/98; 93-12-001, 222-38-020, filed 5/19/93, effective 6/19/93.  Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW.  92-15-011, 222-38-020, filed 7/2/92, effective 8/2/92.  Statutory Authority: RCW 76.09.040.  88-19-112 (Order 551, Resolution No. 88-1), 222-38-020, filed 9/21/88, effective 11/1/88; 87-23-036 (Order 535), 222-38-020, filed 11/16/87, effective 1/1/88.  Statutory Authority: RCW 76.09.040 and 76.09.050.  82-16-077 (Resolution No. 82-1), 222-38-020, filed 8/3/82, effective 10/1/82; Order 263, 222-38-020, filed 6/16/76.]


AMENDATORY SECTION(Amending WSR 93-12-001, filed 5/19/93, effective 6/19/93)

WAC 222-38-030
Handling, storage, and application of fertilizers.

*(1) Storage and loading areas. Storage and loading areas should be located where accidental spillage of fertilizers will not enter surface water or wetlands.  If any fertilizer is spilled, immediate appropriate procedures shall be taken to contain it.

*(2) Riparian management zone and wetland management zone. Fertilizer treatments within a riparian management zone or wetland management zone shall be by hand unless the department has approved a site specific plan with another method of treatment.

*(3) ((Wetland management zone. Fertilizer treatments within a wetland management zone shall be by hand unless the department has approved a site specific plan with another method of treatment.

*(4))) Aerial application of fertilizer.

(a) Proposed fertilization units shall be planned to avoid and to minimize the direct or indirect introduction of fertilizer into waters and wetlands.

(b) Leave a 25 foot buffer on all Type 1, 2, and 3 Waters, except as noted in (f) of this subsection.

(c) When the helicopter flight path during fertilizer application is parallel to a water course or the WMZ edge, the centerline of the initial swath should be adjusted to prevent direct application within the buffers or WMZs.

(d) Leave at least a 200 foot buffer strip around residences and a 100 foot buffer strip adjacent to lands used for agriculture unless such residence or farmland is owned by the forest landowner or the aerial application is acceptable to the resident or landowner.

(e) The landowner shall identify for the operator the units to be fertilized and the untreated areas within the units with appropriately marked aerial photos or detailed planimetric maps.  Before application of the fertilizer, an over-flight of the area shall be made by the pilot with the marked photos or maps.

(f) Where the department has been provided information by the department of ecology indicating that water quality in downstream waters is likely to be impaired by entry of fertilizer into waters, such waters shall be protected by site specific conditioning.

((*(5))) *(4) Ground and hand application of fertilizers. Prevent fertilizer from entering Type A and B Wetlands and all typed waters, except segments of Type 4 and 5 Waters with no surface water.

((*(6))) *(5) Reporting of fertilizer spills. All fertilizer spills involving streams, lakes, wetlands, or other waters of the state shall be immediately reported to the department of ecology.  Emergency telephone numbers for reporting spills shall be available at the department's regional offices.

[Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW.  93-12-001, 222-38-030, filed 5/19/93, effective 6/19/93.  Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW.  92-15-011, 222-38-030, filed 7/2/92, effective 8/2/92.]


AMENDATORY SECTION(Amending WSR 92-15-011, filed 7/2/92, effective 8/2/92)

WAC 222-38-040
Handling, storage, and application of other forest chemicals.

*(1) Waters and wetlands. Do not allow direct entry of other forest chemicals into any ((typed)) water((s, except segments of Type 4 and 5 Waters with no surface water, or Type A or B Wetlands)). The department may condition forest practice applications to allow direct entry into a dry stream segment (i.e., a channel with no surface water) of a Type 4 or 5 Water where the results of such conditioning would be consistent with the policies stated in WAC 222-38-010 (1) and (2).

*(2) Storage, mixing, and loading areas.

(a) Mix other forest chemicals and clean tanks and equipment only where any accidental spills would not enter surface water or wetlands.

(b) Storage and loading areas should be located where accidental spillage of other forest chemicals will not enter surface water or wetlands.  If any chemical is spilled, immediate appropriate procedures should be taken to contain it.

(c) Use devices or procedures to prevent "back siphoning" such as providing an air gap or reservoir between the water source and the mixing tank.

(d) Water protection requirements in subsection (1) of this section may be waived when emergency use of fire retardants is necessary to control wildfire.

[Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW.  92-15-011, 222-38-040, filed 7/2/92, effective 8/2/92.]

OTS-3455.1


NEW SECTION
WAC 222-46-012
Representatives on inspections.

In connection with any watershed analysis, any review of a pending application by an interdisciplinary team appointed by the department, any compliance studies, any effectiveness monitoring, or other research that has been agreed to by a landowner, the department will invite representatives of other agencies necessary to provide specific expertise to resolve issues that have been raised, tribes, and interest groups to accompany a department representative and, at the landowner's election, the landowner, on any such inspections. Reasonable efforts must be made by the department to notify the landowner of the persons being invited onto the property and the purposes for which they are being invited.

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AMENDATORY SECTION(Amending WSR 94-01-134, filed 12/20/93, effective 1/1/94)

WAC 222-46-060
Civil penalties.

(1) Amount of penalty.  Every person who violates any provisions of RCW 76.09.010 through 76.09.280 or of the forest practices rules adopted pursuant thereto, or who converts forest land to a use other than commercial timber operation within three years after completion of the forest practice without the consent of the county, city, or town, shall be subject to a penalty in an amount of not more than ten thousand dollars for each such violation.  Each and every such violation shall be a separate and distinct violation.  In case of a failure to comply with a stop work order, every day's continuance thereafter shall be a separate and distinct violation.

(2) Penalty assessments shall consider the following:

(a) Repairability of the adverse effect from the violation;

(b) Whether the violation of the act or rules was intentional;

(c) Cooperation with the department;

(d) Previous violation history;

(e) Severity of the impact or the potential for material damage to public resources; and

(f) The extent to which a penalty to be imposed on a forest landowner for a forest practice violation committed by another should be reduced because the owner was unaware of the violation and did not receive substantial economic benefits from the violation.

(3) Calculation of penalty. The department shall evaluate any violation to determine if a civil penalty is warranted.  When penalties are to be assessed they shall be calculated using the following process:

(a) Determine the base penalty; see WAC 222-46-065.

(b) The penalty may be adjusted using factors specific to the incident and the site.  The following additional factors will be independently considered and added to the base penalty to calculate the civil penalty:

(i) Repairability:

Repairability shall be based on the length of time natural restoration or implementation of a restoration plan will take and whether repair can be achieved.  The penalty will be substantially increased when natural restoration will not occur within three years and the damage cannot be effectively corrected.  For this factor, up to double the base penalty may be added to the penalty.

(ii) Intention:

In making a determination of intent, the department shall consider, but not be limited to, the following considerations: The foreseeability of the violation; whether precautions were taken to avoid the violation; whether an informal conference or enforcement action was served on the violator prior to the violation.  For this factor, up to double the base penalty may be added to the penalty.

(iii) Cooperation:

The department shall consider whether the violator did or did not make any attempt to correct the problem.  Timeliness of action(s) and/or ignoring or evading agency contacts or directives shall determine if the penalty shall be increased.  For this factor, up to double the base penalty may be added to the penalty.

(iv) Previous violation(s):

The department shall consider whether the violator has previous violations of a forest practice rule or regulation as documented in an enforcement action.  The department may consider company organizations and assignment of operational responsibilities when evaluating previous violations.  A history of violations with adverse impacts or potential for adverse impacts or that shows a pattern of ignoring the rules or the act, shall result in a substantially larger penalty.

Enforcement actions for the purposes of this section shall include notices to comply, stop work orders, civil penalties, and criminal citations when those enforcement actions are associated with forest practice violations.  For this factor, up to quadruple the base penalty may be added to the penalty.

(v) Severity:

The department shall adjust the penalty based on the extent and magnitude of the damage or potential damage to public resources.  For this factor, up to quadruple the base penalty may be added to the penalty.

(vi) Landowner involvement:

If in the opinion of the department, the landowner exercised reasonable prudence in the development of timber sale contracts or supervision of the forest practice operations, was unaware of the forest practice violation, and the landowner received no substantial economic benefit from the violation, then the landowner generally would not be assessed a civil penalty.

(c) In accordance with RCW 76.09.170, the penalty may not exceed ten thousand dollars for each and every violation.

(d) The department shall determine whether all or a portion of the penalty should be assessed against the operator, landowner, and/or timber owner.  The department should consider the responsible party, the degree of control, the sophistication of the party and whether different parties conducted different violations.

(4) Other participants.  Every person who through an act of commission or omission procures, aids or abets in the violation shall be considered to have violated the provisions of this section and shall be subject to the penalty provided for in this section.

(5) Government employees.  No penalty shall be imposed under this section upon any governmental official, an employee of any governmental department, agency, or entity, or a member of any board created by the act for any act or omission in his/her duties in the administration of the act or of these rules.

(6) Written notice.  The penalty shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the department describing the violation with reasonable particularity.

(7) Remission or mitigation. Within fifteen days after the notice is received, the person incurring the penalty may apply in writing to the supervisor of the department(('s manager of the region in which the penalty was issued,)) or his or her designee for the remission or mitigation of such penalty.  Upon receipt of the application, the department may remit or mitigate the penalty upon whatever terms the department in its discretion deems proper: Provided, That the department deems such remission or mitigation to be in the best interests of carrying out the purposes of the act.  The department shall have authority to ascertain the facts regarding all such applications in such reasonable manner and under such rules as they may deem proper.  The reviewer may reduce, dismiss or not change the civil penalty.  ((Within fifteen days of the completion of the regional review, the person incurring the penalty may apply in writing to the supervisor of the department for further review.))

(8) Right of appeal.  Any person incurring any penalty hereunder may appeal the same to the forest practices appeals board.  Such appeals shall be filed within thirty days of receipt of notice imposing any penalty unless an application for remission or mitigation is made to the department.  When such an application for remission or mitigation is made, such appeals shall be filed within thirty days of receipt of notice from the department setting forth the disposition of the application for remission or mitigation.  Concurrently with the filing of any appeal to the forest practices appeals board as provided in this section, the appellant shall file a copy of the appeal with the department region from which the penalty was issued and a copy with the office of the attorney general.

(9) Penalties due.  The penalty imposed under this section shall become due and payable thirty days after receipt of a notice imposing the same unless application for remission or mitigation is made or an appeal is filed.  When such an application for remission or mitigation is made, any penalty incurred under this section shall become due and payable thirty days after receipt of notice setting forth the disposition of such application unless an appeal is filed from such disposition.  Whenever an appeal of the penalty incurred is filed, the penalty shall become due and payable only upon completion of all administrative and judicial review proceedings and the issuance of a final order or decision confirming the penalty in whole or in part.

(10) Enforcement. If the amount of any penalty is not paid to the department within thirty days after it becomes due and payable, the attorney general, upon the request of the department, shall bring an action in the name of the state of Washington in the superior court of Thurston county or of any county in which such violator may do business, to recover such penalty, interest, costs, and attorneys' fees.  In all such actions the procedure and rules of evidence shall be the same as an ordinary civil action except as otherwise provided in the Forest Practices Act.  In addition to or as an alternative to seeking enforcement of penalties in superior court, the department may bring an action in district court as provided in Title 3 RCW, to collect penalties, interest, costs, and attorneys' fees.

(11) Liens. Penalties imposed under this section for violations associated with a conversion to a use other than commercial timber operation shall be a lien upon the real property of the person assessed the penalty.  The department may collect such amounts in the same manner provided in chapter 60.04 RCW for mechanics' liens.

(12) Any person incurring a penalty is also responsible for the payment of all costs and attorneys' fees incurred with the penalty as well as interest accruing on the unpaid penalty amount.

[Statutory Authority: RCW 76.09.040, 76.09.170 and chapter 34.05 RCW.  94-01-134, 222-46-060, filed 12/20/93, effective 1/1/94; Order 263, 222-46-060, filed 6/16/76.]


AMENDATORY SECTION(Amending WSR 94-01-134, filed 12/20/93, effective 1/1/94)

WAC 222-46-070
Injunctions, civil suits, disapprovals.

(1) The department may take any necessary action to enforce any final order or final decision((, and)).

(2)(a) The department may disapprove ((for up to one year)) any forest practices application or notification submitted by any person who has failed to comply with a final order or decision as set forth in RCW 76.09.080, 76.09.090, or 76.09.110, or has failed to pay any civil penalties as provided in RCW 76.09.170. This disapproval will last for up to one year from the issuance of a notice of intent to disapprove notifications and applications under this section, or until the violator pays all outstanding civil penalties and complies with all validly issued and outstanding notices to comply and stop work orders, whichever is longer.

(b) For purposes of this subsection, "validly issued" means a stop work order or notice to comply for which no appeal or request for hearing has been filed; or if appealed, it has not been declared invalid by a final order or decision and all appeals are exhausted.

(c) The department shall provide written notice of its intent to disapprove future applications or notifications, and shall forward copies of such notice to any affected landowner, timber owner or operator((; such written notice shall occur within ninety days of the failure to comply with a final order or decisions as set forth in RCW 76.09.080, 76.09.090, or 76.09.110, or has failed to pay any civil penalties as provided in RCW 76.09.170)).  The disapproval period shall run from thirty days following the date of actual notice or from the date all appeals, if any, have been exhausted.

(d) Any person provided notice of intent to disapprove an application or notification may seek review from the forest practices appeals board within thirty days of the date of notice.

(((2))) (e) While the notice of intent to disapprove is in effect, the violator(s) may not serve as a person in charge of, be employed by, manage, or otherwise participate to any degree in forest practices.

(3) A county may bring injunctive, declaratory, or other actions for enforcement for forest practice activities within its jurisdiction in the superior court as provided by law against the department, the forest landowner, timber owner or operator to enforce the forest practices regulations or any final order of the department or the appeals board.  No civil or criminal penalties shall be imposed for past actions or omissions if such actions or omissions were conducted pursuant to an approval or directive of the department.  A county may not commence injunctions, declaratory actions, or other actions for enforcement under this subsection unless the department fails to take appropriate actions after ten days' written notice to the department by the county of a violation of the forest practices rules or final orders of the department or the appeals board.

[Statutory Authority: RCW 76.09.040, 76.09.170 and chapter 34.05 RCW.  94-01-134, 222-46-070, filed 12/20/93, effective 1/1/94; Order 263, 222-46-070, filed 6/16/76.]

Washington State Code Reviser's Office