PROPOSED RULES
Original Notice.
Title of Rule: Amendment to forest practices rules, WAC 222-30-070.
Purpose: To revise tractor and wheeled skidding rules for inclusion in the forests and fish emergency rules.
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). This chapter and section are being proposed for inclusion in the forests and fish emergency rules published under WSR 99-20-144.
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 modifies the use of skidding or other ground-based transport of logs so that delivery of sediment to streams is minimized. Specifics are provided for riparian management zones, wetland management zones, and construction of skid trails.
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: See above.
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 January 20, 2000, at 9 a.m.
Assistance for Persons with Disabilities: Contact Forest Practices Board Secretary, (360) 902-1413, by January 10, 2000, TTY (360) 902-1125.
Submit Written Comments to: Judith Holter, Department of Natural Resources, Forest Practices Division, fax (360) 902-1789, by January 20, 2000, at 9 a.m.
Date of Intended Adoption: January 20, 2000.
November 30, 1999
John Daly
Chair
OTS-3624.1
AMENDATORY SECTION(Amending WSR 97-24-091, filed 12/3/97,
effective 1/3/98)
WAC 222-30-070
Tractor and wheeled skidding systems.
*(1) Typed waters and wetlands.
(a) Tractor and wheeled skidders or forwarders shall not be
used in Type 1, 2 or 3 Water, except with approval by the
department and with a hydraulic project approval ((of)) issued by
the department of fish and wildlife.
(b) In order to maintain wetland water movement and water quality, and to prevent soil compaction, tractor or wheeled skidders shall not be used in Type A or B Wetlands without prior written approval of the department.
(c) Within all wetlands, tractors and wheeled skidder systems shall be limited to low impact harvest systems. Ground based logging systems operating in wetlands shall only be allowed within wetlands during periods of low soil moisture or frozen soil conditions.
(d) Skidding or other ground-based transport of logs across any flowing Type 4 Water shall be minimized and when done, temporary stream crossings shall be used, if necessary, to maintain stream bed and bank integrity. Locations of temporary stream crossing shall be shown on the base map of the forest practices application. BMPs for stream crossings can be found in the board manual section 3.
(e) Whenever skidding in or across any type water, the
direction of log movement between stream banks shall be ((as
close to right angles to the stream channel as is practical))
designed to minimize sediment delivery to the stream.
*(2) Riparian management zone.
(a) Logging will be permitted within the zone subject to riparian management zone protection in chapter 222-20 WAC. However, any use of tractors, wheeled skidders, or other yarding machines within the zone must be as described in an approved forest practices application or otherwise approved in writing by the department.
(b) ((Where skidding)) When logging in or through the
riparian management zone ((is necessary)), the number of
((skidding)) routes through the zone shall be minimized.
(c) Logs shall be ((skidded)) harvested so as to minimize
damage to leave trees and vegetation in the riparian management
zone, to the extent practical and consistent with good safety
practices.
*(3) Wetlands management zones.
(a) Logging will be permitted within wetland management zones.
(b) Where feasible logs shall be skidded at least with one end suspended from the ground so as to minimize soil disturbance and damage to leave trees and vegetation in the wetland management zone.
(c) Tractors, wheeled skidders, or other ground based harvesting systems shall not be used within the minimum WMZ width without written approval of the department.
*(4) Deadfalls. Removal or repositioning of any logs
firmly embedded in the bed or bank of Type 1, 2, 3 or 4 Waters
shall ((not be removed or unnecessarily disturbed without
hydraulic project approval of the departments of fisheries or
wildlife)) comply with hydraulic code (chapter 222-10 WAC) and
require hydraulic project approval issued by the department of
fish and wildlife. Logs firmly embedded in the bed or bank of
any Type 4 or 5 Water shall not be removed or repositioned
without written approval of the department.
*(5) Moisture conditions. Tractor and wheeled skidders
shall not be used on exposed erodible soils or saturated soils
((when soil moisture content is so high that unreasonable soil
compaction, soil disturbance, or)) if wetland, stream, lake or
pond siltation ((would result)) can reasonably be expected to
occur. When soil moisture is high, tractor and wheeled skidder
operation shall be restricted to designated skid trails to
minimize or reduce soil compaction.
(6) Protection of residual timber. Reasonable care shall be taken to minimize damage from skidding to the stems and root systems of residual timber and to young reproduction.
*(7) Skid trail construction.
(a) Skid trails shall be kept to the minimum feasible width.
(b) Reasonable care shall be taken to minimize the amount of
sidecast required and shall only be permitted above the
((50-year)) 100-year flood level.
(c) Skid trails shall be outsloped where practical, but be insloped where necessary to prevent logs from sliding or rolling downhill off the skid trail.
(d) Skid trails running parallel or near parallel to streams shall be located at least 40 feet from the bankfull width of any natural defined stream channel that directly delivers to the stream network unless approved in writing by the department.
(e) Within 200 feet horizontal distance of any natural defined channel that directly delivers to the stream network skid trail gradient shall be limited to 30 percent or less unless approved in writing by the department.
*(8) Skid trail maintenance.
(a) Upon completion of use and termination of seasonal use, skid trails on slopes in exposed soils shall be water barred where necessary to prevent soil erosion.
(b) Skid trails located within 200 feet horizontal distance of any natural defined stream channel that directly delivers to the stream network shall use waterbars, grade breaks, and/or slash to prevent sediment delivery to the stream. Waterbars shall be placed at a frequency to minimize gullying and soil erosion. In addition to waterbarring, skid trails with exposed soil that is erodible and may be reasonably expected to cause damage to a public resource shall be seeded with a noninvasive plant species (preferably a species native to the state) and adapted for rapid revegetation of disturbed soil, or treated with other erosion control measures acceptable to the department.
*(9) Slope restrictions. Tractor and wheeled skidders
shall not be used on slopes where in the opinion of the
department this method of operation would cause ((unnecessary))
actual or potential material damage to a public resource.
(10) 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).
(11) Disturbance avoidance for marbled murrelets. 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, § 222-30-070, filed 12/3/97, effective 1/3/98; 97-15-105, § 222-30-070, filed 7/21/97, effective 8/21/97. Statutory Authority: Chapters 76.09 and 34.05 RCW. 96-12-038, § 222-30-070, 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, § 222-30-070, filed 7/2/92, effective 8/2/92. Statutory Authority: RCW 76.09.040. 87-23-036 (Order 535), § 222-30-070, 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), § 222-30-070, filed 8/3/82, effective 10/1/82; Order 263, § 222-30-070, filed 6/16/76.]