PROTECTION DURING OPERATIONS
PROVISION
Section 2410. Damage to Reforested Areas. PURCHASER shall take all necessary precautions to avoid damage to reforested areas adjacent to, within, or near the Timber Sale Area. If PURCHASER's Operations damage reforestation areas shown on Exhibit A, STATE shall determine the extent of the damage and PURCHASER shall reimburse STATE (*$ per acre or $* per tree for the damage.) (*at double the calculated value of the damaged reforestation, as determined by STATE.) (*for the damage as follows:)
Area A, at the rate of $* per acre or $* per tree.
Area B, at the rate of $* per acre or $* per tree.
Area C, at the rate of $* per acre or $* per tree.
Area D, at the rate of $* per acre or $* per tree.
Area E, at the rate of $* per acre or $* per tree.
Area F, at the rate of $* per acre or $* per tree.
Area G, at the rate of $* per acre or $* per tree.
Area H, at the rate of $* per acre or $* per tree.
Area I, at the rate of $* per acre or $* per tree.
Rev. 10/04
INTENT/EXPLANATION
This section establishes a rate per acre or per tree, to be paid by the Purchaser if damage to reforested areas adjacent to or within the sale area, as shown on Exhibit A, occurs as a result of Purchaser's activities.
POLICY REFERENCES
Directive 3-4-1-340. Submitting Material for a Timber Sale Prospectus - (Section 503 on p. 36) “A damage charge will be made for all areas disturbed by PURCHASER’S logging activities within reforested areas shown on Exhibit “A”. Acreage of disturbed areas will be determined by State following logging; the charge will be $______per acre. Payment of the damage charge shall be made within 30 days after notification by State.”
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GUIDANCE FOR ADMINISTERING THE PROVISION
This provision is used when there is reproduction or immature timber in or adjacent to a timber sale area. Reproduction and immature timber areas must be shown on ExhibitA for identification purposes to be covered under this provision. Even though it is not anticipated that the logging operations on the timber sale will damage reforested areas, this provision is included to clearly identify such areas and to specify damage charges if those areas are disturbed. If there are areas identified, it is important that the Contract Administrator become familiar with them, and make the Purchaser and any subcontractors aware of them prior to commencement of operations on the sale area. If areas adjacent are not identified and referenced in this section, then any damage that occurs in those areas must be assessed and billed under Section 1580, Trespass.
The charge per acre or per tree for damage to reforested areas is determined at the time the sale and contract are prepared, and is based on; (1) species, (2) age, (3) site, and (4) stand density. It is intended to be a net present value per acre or per tree.
The Contract Administrator should discuss these areas at the Pre-Operation meeting, and work closely with the Purchaser in the preparation of the Operation Plan to avoid operations which will damage reforested areas if possible. Requests by a Purchaser to establish a landing or use equipment which will result in more damage to the reforested areas than is considered necessary by the Contract Administrator should not be approved, and alternatives should be discussed. If there is no logging method by which damage can be avoided, the Purchaser should only be charged for damage that is considered excessive. The Contract Administrator needs to make a determination of whether damage to reforestation was avoidable based on the planned sale layout and the approved Operations Plan.
This provision requires a judgment call on the part of the Contract Administrator as to when a damage charge should be made. If the Contract Administrator is uncomfortable with the situation, or unsure of the extent of damage, they should consult with the Unit Forester, or other experienced district personnel. A reforestation forester may need to be consulted regarding the extent of damage that has occurred.
If damage occurs in areas covered by this provision, the amount of damage must be detailed in a Timber Sale Status Report to the Asset Management Unit.
APPROVAL AUTHORITIES
The Contract Administrator has the authority to make a determination of damage to reforested areas. The Asset Management Unit in Salem is responsible for billing Purchaser for any damage identified.
WHO TO CALL
Contact Unit Forester or experienced Contract Administrator with any questions. Contact reforestation forester or specialist, or Program Silviculturalist with questions about the severity of damage to reforested areas. Contact Asset Management Unit personnel with questions about proper procedures for documenting applicable damage fees.
TRAINING METHODS
On the job training with experienced Contract Administrators and Unit Forester.
PROVISION
Section 2415. Protection of Watershed. PURCHASER shall take all necessary precautions to prevent damage to stream banks, any stream course, lake, reservoir, or forested wetland within or adjacent to the Timber Sale Area. Definitions of Type F, Type D, and Type N streams contained in the Forest Practices Act apply to this Contract.
[IF THERE IS A MUNICIPAL WATERSHED WITHIN OR ADJACENT TO THE SALE AREA , THE FOLLOWING LANGUAGE AND EXHIBIT MAY APPEAR IN THE CONTRACT]
Refer to Exhibit * , "Watershed Regulations," for regulations governing watershed areas.
Activity in "Live" Streams shall not be allowed from * through *______, unless otherwise approved in writing by STATE.
[WHERE THERE ARE STREAMS WITHIN OR ADJACENT TO THE SALE AREA, SOME COMBINATION OF THE FOLLOWING STATEMENTS WILL APPEAR IN THE CONTRACT]
( ) In addition, PURCHASER shall perform all measures necessary to protect the stream banks, streambed, and vegetation within the Stream Buffer(s) shown on Exhibit A. The Stream Buffer(s) (*is/are) *[THERE SHOULD BE LANGUAGE HERE IN THE CONTRACT THAT DESCRIBES THE BUFFER AREAS].
Necessary measures include, but are not limited to, the following, unless otherwise approved in writing by STATE:
OPTIONS ALPHA( ) Fell adjacent trees and Snags away from or parallel to the buffer to prevent them from entering the buffer.
( ) Do not operate ground-based equipment within the buffer.
( ) Fell only those trees inside the buffer which are (* inches or larger in diameter)(*marked with paint). Damage to other vegetation shall be kept to a minimum. Felled trees shall not cross or enter the stream.
( ) Do not fell trees within the buffer.
( ) Cable Yarding over or within the buffer shall be done in accordance with the requirements of Section2350, "Cable Yarding Specifications."
( ) Trees may be felled according to the specifications in Section 2320, "Thinning Specifications," in the outer *______feet of the Type F buffers. No trees may be cut within (*20, *25, * ______) feet of the Type F and perennial Type N streams. Trees may be felled in the seasonal Type N buffers. Damage to other vegetation shall be kept to a minimum. Felled trees shall not cross or enter streams.
( ) Trees that fall or slide into the Type F streams shall not be removed without prior approval from STATE.
( ) Yarding Operations shall not be allowed within the Stream Buffer from *______through * .
[IF CLEARING STREAMS OF DEBRIS WAS IDENTIFIED AS A NECESSARY ACTIVITY DURING SALE PREPARATION, SOME COMBINATION OF THE FOLLOWING STATEMENTS MAY APPEAR IN THE CONTRACT]
PURCHASER shall comply with the following instructions for removal of debris that enters streams as a result of PURCHASER's Operations:
( ) Debris entering Type *___ streams shall be removed by the end of Operations each day, unless an alternate practice is approved in advance by STATE.
( ) Debris more than * inches in diameter on the small end and more than *______feet in length shall be removed from Type F and Type D streams concurrently with Yarding. Other debris shall be removed at the completion of Yarding on each (*Setting)(*Timber Sale Area).
( ) Debris entering Type N streams shall be removed within 14days of completion of Yarding on each (*Setting)(*Timber Sale Area). [Check Progressive Operations dates for compatibility.]
( ) Portions of streams where debris removal is required are shown on Exhibit A.
( ) Debris shall be cleared up to the high water mark on all streams. All removed debris shall be placed in a stable location above the high water mark.
( ) STATE may direct certain debris to be left in stream areas for habitat structure purposes.
In addition to other protective measures required, PURCHASER shall discontinue all or part of its Operations under this Contract upon notice from STATE that Operations will cause excessive damage to the watershed.
Rev. 10/04
INTENT/EXPLANATION
This section establishes the standards for the protection of aquatic and riparian resources within and adjacent to the timber sale. It references the stream types as identified in the Oregon Forest Practices Act. It specifies certain measures to be taken to prevent damage to stream courses, stream banks, lakes and reservoirs on or near timber sale areas. It also provides for suspension of all or part of operations which may cause excessive damage to the watershed due to weather conditions. The specifications included in this provision are intended to achieve the standards in the applicable forest management plans and any applicable Habitat Conservation Plans. In that regard, they may exceed Forest Practices Act rule requirements. “Watershed Regulations” and any supporting exhibit are intended to detail specific measures that must be undertaken to protect municipal watershed resources.
POLICY REFERENCES
ORS Chapter 468 - Authority of the DEQ and Water Pollution Control Laws.
ORS Chapter 527 - Forest Practices Act.
OAR 629, Division 635, 640, 645, 650, 655, and 660 - Water Protection Rules
Water Protection – Purpose, goals, classification and RMAs http://arcweb.sos.state.or.us/rules/OARS_600/OAR_629/629_635.html
Water Protection – Vegetation Retention along streams
http://arcweb.sos.state.or.us/rules/OARS_600/OAR_629/629_640.html
Water Protection - RMAs and protection measures for significant wetlands
http://arcweb.sos.state.or.us/rules/OARS_600/OAR_629/629_645.html
Water Protection – RMAs and protection measures for lakes
http://arcweb.sos.state.or.us/rules/OARS_600/OAR_629/629_650.html
Water Protection – Protection measures for “Other Wetlands”, Seeps and Springs
http://arcweb.sos.state.or.us/rules/OARS_600/OAR_629/629_655.html
Water Protection – Specific rules for operations near waters of the State
http://arcweb.sos.state.or.us/rules/OARS_600/OAR_629/629_660.html
Directive 6-3-0-001, Forest Practices Act Enforcement.
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Aquatic and Riparian Strategies of state forest management plans including the Northwest Oregon State Forests Management Plan, Southwest Oregon State Forests Management Plan, Elliott State Forest Management Plan and Habitat Conservation Plan, and the Eastern Oregon Region Long Range Management Plan.
Link to Chapter 4 of NW FMP:
http://www.odf.state.or.us/DIVISIONS/management/state_forests/sfplan/nwfmp01-final/16-4-Strategies.prn.pdf
Link to Chapter 4, Part 2 of SW FMP:
http://www.odf.state.or.us/DIVISIONS/management/state_forests/sfplan/swfmp01-final/10-4b-Strategies-2.prn.pdf
Link to Strategies section of Eastern Region FMP:
http://www.odf.state.or.us/DIVISIONS/management/state_forests/sfplan/eorfmp95-final/5_strat.pdf
Link to Strategies section of Draft Elliott State Forest Management Plan (2004):
http://www.odf.state.or.us/DIVISIONS/management/state_forests/sfplan/esffmp04_draft/ESF_Chapter_5_May_2004.pdf
GUIDANCE FOR ADMINISTERING THE PROVISION
This is a key provision where both forest management plan and Forest Practices Act requirements must be fully understood, and operations conducted to ensure compliance with both. While the FMP strategies and resulting contract specifications are likely to exceed FPA requirements in the majority of cases, the Contract Administrator should be familiar with FPA rules and guidance, so that they can be aware of those limited cases when a Purchaser’s operations will need to exceed FMP standards to be in compliance with a FPA rule.
If the RMA retention standards specified in the contract for a given harvest unit, or other measures specified for protecting riparian or aquatic resources do not meet the applicable FPA standard then an “Alternate Plan” should be developed and approved as part of the Pre-Operations meeting and Operations Plan approval.
Stream type: F, D, N, Perennial, Seasonal, Potential Debris Flow, High Energy, and Other streams should have been identified during sale preparation. Appropriate provisions for their protection should be included in the contract. The Contract Administrator must be familiar with the difference in protection requirements for the types of streams. Check to make sure that all streams have been identified on the exhibit A, posted on the ground, and/or described in the contract. Some small seasonal streams in a thinning sale may be described in the contract, and shown on the exhibit, but not posted on the ground. If there are questions or uncertainty about stream locations or stream types, consult with sale preparation personnel and/or local fisheries biologists.
When municipal or community watersheds are involved, the timber sale contract may contain an exhibit outlining the measures that must be taken to protect and preserve water quality. If water users are found who are using water affected by the sale operations, the stream should be treated as a type D stream. Depending on how the additional protection affects operations, a contract modification may be necessary. When operations are occurring in close proximity to, or with the potential to impact a water system, it is advisable for the Contract Administrator to make direct contact with the water user, or water system administrator in the case of municipal systems. This contact should occur prior to commencement of operations. Find out what concerns they have, and discuss the protection measures that will be used during the operation.
The Purchaser is required to protect domestic water supplies and fish habitat by minimizing riparian, stream bank, and stream channel disturbance. If the Contract Administrator identifies the potential for damage to occur, or if damage has occurred as a result of operations, the Contract Administrator should consult with the local Stewardship Forester, and the Aquatic and Riparian Specialist and/or local fish biologist to determine the best course of action and to assure consistent FPA administration. If damage has occurred, the operation should be suspended to prevent any further damage, and instructions issued to repair the damage. The local watershed manager should be contacted if there is a municipal watershed involved.
If the contract has been violated, but not the FPA, then use the contract provisions to gain compliance and require repairs. Violations of the Forest Practices Act should be reviewed with the Stewardship Forester and, if determined appropriate, cited under the Act in accordance with the instructions in Directive 6-3-0-001, Forest Practices Act Enforcement. In addition, operations may be suspended in accordance with provisions of the contract. Notify the Purchaser and Subcontractor immediately, by phone or in person, when a violation has occurred. Follow up with a written notification. A Notice of Suspension of Operation, Form 343-304, should be issued when conditions are such that excessive damage will occur to Aquatic and Riparian Resources by allowing operations to continue.