OAR 629-630-0800: Yarding; Ground-based Equipment Near Waters of the State

(1) Operators shall maintain the purposes and functions of vegetation required to be retained in riparian management areas, and minimize disturbances to beds and banks of streams, lakes, all wetlands larger than one-quarter acre, and retained vegetation during ground-based yarding operations. (2) Operators shall not operate ground-based equipment within any stream channel except as allowed in the rules for temporary stream crossings. (3) Operators shall minimize the number of stream crossings. (4) For crossing streams that have water during the periods of the operations, operators shall: (a) Construct temporary stream crossing structures such as log crossings, culvert installations, or fords that are adequate to pass stream flows that are likely to occur during the periods of use. Structures shall be designed to withstand erosion by the streams and minimize sedimentation. (b) Choose locations for temporary stream crossing structures which minimize cuts and fills or other disturbances to the stream banks. (c) Minimize the volume of material in any fills constructed at a stream crossing. Fills over eight feet deep contain such a large volume of material that they can be a considerable risk to downstream beneficial uses should the material move downstream by water. For any fill for a temporary crossing that is over eight feet deep, operators shall submit to the State Forester a written plan that includes a description of how the fills would be constructed, passage of water, and the length of time the fills would be in the stream. (d) Design temporary structures so that fish movement is not impaired on Type F or Type SSBT streams. (e) Remove all temporary stream crossing structures immediately after completion of operations or prior to seasonal runoff that exceeds the water carrying capacity of the structures, whichever comes first. When removing temporary structures, operators shall place fill material where it will not enter waters of the state. (5) For stream crossings where the channels do not contain water during the periods of the operations, operators are not required to construct temporary crossings as long as disturbances are no greater than what would occur if structures were constructed. Soil that enters the channels during the yarding operations must be removed after completion of the operation or prior to stream flow, whichever comes first. When removing such materials from the channels, operators shall place the materials in locations where they will not enter waters of the state. (6) Operators shall construct effective sediment barriers such as water bars, dips, or other water diversion on stream crossing approaches after completion of operations, or prior to rainy season runoff, whichever comes first. (7) Machine activity near (generally within 100 feet) streams, lakes, and other wetlands greater than one-quarter acre shall be conducted to minimize the risk of sediment entering waters of the state and preventing changes to stream channels. Operators shall only locate, construct, and maintain skid trails in riparian management areas consistent with the harvesting rules. (8) Operators shall minimize ground-based equipment and subsequent disturbance near streams to maintain soil function, retain understory vegetation, and protect habitat for fish, amphibians, and other wildlife. (a) The following equipment limitation zones shall be applied to streams and associated riparian management areas as described in division 643 Water Protection Rules Vegetation Retention Along Streams rules: (A) An “R-ELZ” means an equipment limitation zone in which disturbance from equipment activity shall be minimized and all trees less than 6 inches DBH and shrub species are retained where possible. (i) In Western Oregon, the R-ELZ is 35 feet. (ii) In Eastern Oregon, the R-ELZ is 30 feet. (B) An “ELZ” means an equipment limitation zone in which disturbance from equipment activity shall be minimized. (i) In Western Oregon, the ELZ is 35 feet. (ii) In Eastern Oregon, the ELZ is 30 feet. (b) Operators shall take corrective action(s) when soil disturbance from ground-based equipment exceeds 10 percent of the total area within any R-ELZ or ELZ within an operation unit. Corrective action(s) shall be designed to replace the equivalent of lost functions in consultation with the State Forester. Examples include but are not limited to water bars, grass seeding, logging slash, mulching, downed log placement in accordance with 527.676(1), with a preference for utilizing on-site materials. (c) The department shall publish Forest Practices Technical Guidance, developed in consultation with Department of Fish and Wildlife, to assist operators with selecting appropriate corrective measures. (9) Operators shall locate and construct skid trails so that when high stream flow occurs water from the stream will not flow onto the skid trail. (10) Operators shall minimize the amount of exposed soils due to skid trails within riparian management areas. Except at stream crossings, operators shall not locate skid trails within 35 feet of Type F, Type SSBT or Type D streams. Operators shall provide adequate distances between all skid trails and waters of the state to filter sediment from runoff water.