WSR 98-03-071

EXPEDITED ADOPTION

DEPARTMENT OF ECOLOGY

[Order 97-46--Filed January 21, 1998, 8:10 a.m.]

Title of Rule: Implement forest practices rules for Gorge Management Plan in the special management areas of the Columbia River Gorge National Scenic Area. Certain parts of the forest practices rules (Title 222 WAC) are adopted by reference via forest practices rules and regulations to protect water quality (chapter 173-202 WAC).

Purpose: Proposed rules provide a regulatory process for forest practices in the special management areas of the Columbia River Gorge National Scenic Area.

Other Identifying Information: This is a negotiated rule-making proposal developed with stakeholders.

Statutory Authority for Adoption: RCW 90.48.420, 76.09.040, [76.09.]050 and chapter 34.05 RCW.

Statute Being Implemented: Chapter 90.48 RCW.

Summary: Adopt by reference amendments to WAC 222-16-050 about classes of forest practices in the special management areas of the Columbia River Gorge National Scenic Area.

Reasons Supporting Proposal: Proposal would make state management consistent with the intent of the Columbia River Gorge National Scenic Area Compact and the Forest Practices Act by coordinating the process for evaluating forest practices and implementing Gorge plan guidelines.

Name of Agency Personnel Responsible for Drafting: Doug Rushton, 300 Desmond Drive, Lacey, WA 98503, (360) 407-6180; Implementation and Enforcement: Dave Peeler, 300 Desmond Drive, Lacey, WA 98503, (360) 407-6461.

Name of Proponent: Department of Ecology, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This negotiated proposal was developed by representatives from the following groups: Forest Practices Board, Department of Natural Resources (DNR), Columbia River Gorge Commission, United State Forest Service, Gorge area landowners (industrial and nonindustrial), Gorge area environmental groups, the Friends of the Columbia Gorge, and counties. As a result of this consensus proposal, the long-standing dispute as to which forest practices standards apply within the special management area has been resolved.

Reclassifies certain Class I and II forest practices applications within the special management area of the Columbia River Gorge National Scenic Area and requires prior review by the United States Forest Service for conformance to Gorge Management Guidelines. DNR's role in administering and enforcing the permitting process for forest practices within the Columbia River Gorge National Scenic Area special management area is clarified in two new sections.

Proposal Changes the Following Existing Rules: See above explanation. This rule proposal will make ecology rules consistent with those of the Forest Practices Board which coadopts certain parts of the forest practices rules (Title 222 WAC) via forest practices rules and regulations to protect water quality (chapter 173-202 WAC). The sections proposed for change by the Forest Practices Board that would be coadopted are: Amends WAC 222-16-050(3) Selected Class I forest practices in the CRGNSA are reclassified and WAC 222-16-050(4) Selected Class II forest practices in the CRGNSA are reclassified.

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Jerry Thielen, Rules Coordinator, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, AND RECEIVED BY March 21, 1998.

January 15, 1998

Daniel J. Silver

Deputy Director

AMENDATORY SECTION (Amending WSR 94-17-011, filed 8/8/94, effective 9/8/94)

WAC 173-202-020 Certain WAC sections adopted by reference. The following sections of the Washington Administrative Code existing on ((September 15, 1994)) December 24, 1997, are hereby adopted by reference as part of this chapter in all respects as though the sections were set forth herein in full:

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

WAC 222-12-010--Authority.

WAC 222-12-040--Alternate plans.

WAC 222-12-045--Adaptive management.

WAC 222-12-046--Cumulative effect

WAC 222-12-070--Enforcement policy.

WAC 222-12-090--Forest practices board manual.

WAC 222-16-010--General definitions.

WAC 222-16-030--Water typing system.

WAC 222-16-035--Wetland typing system.

WAC 222-16-050 (1)(a), (1)(e), (1)(h), (1)(i), (3)(b), (3)(c), (3)(d), (3)(e), (3)(f), (3)(n), (3)(o), (3)(p), (4)(c), (4)(d), (4)(e), (5)(b), (5)(c), (5)(d), (5)(e), (5)(f), (5)(h), (5)(n)--Classes of forest practices.

WAC 222-16-070--Pesticide uses with the potential for a substantial impact on the environment.

WAC 222-22-010--Policy.

WAC 222-22-020--Watershed administrative units.

WAC 222-22-030--Qualification of watershed resource analysts, specialists, and field managers.

WAC 222-22-040--Watershed prioritization.

WAC 222-22-050--Level 1 watershed resource assessment.

WAC 222-22-060--Level 2 watershed resource assessment.

WAC 222-22-070--Prescription recommendation.

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

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

WAC 222-22-100--Application review prior to watershed analysis.

WAC 222-24-010--Policy.

WAC 222-24-020 (2), (3), (4), (6)--Road location.

WAC 222-24-025 (2), (5), (6), (7), (8), (9), (10)--Road design.

WAC 222-24-030 (2), (4), (5), (6), (7), (8), (9)--Road construction.

WAC 222-24-035 (1), (2)(c), (2)(d), (2)(e), (2)(f)--Landing location and construction.

WAC 222-24-040 (1), (2), (3), (4)--Water crossing structures.

WAC 222-24-050--Road maintenance.

WAC 222-24-060 (1), (2), (3), (6)--Rock quarries, gravel pits, borrow pits, and spoil disposal areas.

WAC 222-30-010--Policy--Timber harvesting.

WAC 222-30-020 (2), (3), (4), (5), (7)(a), (7)(e), (7)(f), (8)(c)--Harvest unit planning and design.

WAC 222-30-025--Green-up: Even-aged harvest size and timing.

WAC 222-30-030--Stream bank integrity.

WAC 222-30-040--Shade requirements to maintain stream temperature.

WAC 222-30-050 (1), (2), (3)--Felling and bucking.

WAC 222-30-060 (1), (2), (3), (5)(c)--Cable yarding.

WAC 222-30-070 (1), (2), (3), (4), (5), (7), (8), (9)--Tractor and wheeled skidding systems.

WAC 222-30-080 (1), (2)--Landing cleanup.

WAC 222-30-100 (1)(a), (1)(c), (4), (5)--Slash disposal.

WAC 222-34-040--Site preparation and rehabilitation.

WAC 222-38-010--Policy--Forest chemicals.

WAC 222-38-020--Handling, storage, and application of pesticides.

WAC 222-38-030--Handling, storage, and application of fertilizers.

WAC 222-38-040--Handling, storage, and application of other forest chemicals.