I will start off with a very quick history of forest practices beginning with… The Forest Practices Act of 1974
Forest Practices Act – RCW 76.09 Legislature finds and
declares that forest land resources are among the most valuable of all resources in the state…
Enacted in 1974 Established the Forest
Practices Board (FPB) to adopt rules
Presenter
Presentation Notes
Before 1974, there were few rules that regulated timber harvest 1974 – WA State legislature passes the Forest Practices Act and establishes the FPB
Forest Practices Act Beginning of administrative
framework Protect public resources while
maintaining a viable timber industry in Washington • Water, fish, wildlife, capital
improvements of the state
Presenter
Presentation Notes
Just the beginning of the administrative framework for laws and rules regarding forest practices operations Purpose of the act to protect resources while maintaining viable timber industry - Public Resources: water, fish, wildlife, capital improvements of the state
Forest Practices Board
Independent state agency DNR provides staff support to the FPB 13-member board
• Represent a variety of interests including six members of the general public
• Chaired by Commissioner of Public Lands or designee
See handout “The Washington Forest Practices Board” for contact information
Presenter
Presentation Notes
Forest Practices Board webpage has a lot of good info on the front page where you can see who is represented on the board, meeting minutes, schedules, agendas, rule makings - and info on how your comments can be submitted to the board. We have provided a fact sheet with your handouts that give more info on FPB Go through slide DOE (ECY) is represented on the board – Rules pertaining to water quality are adopted by the board with agreement from ECY. Members of the public are appointed by the governor and serve 4-year term - One member of the public must be a sfl who actively manages land, an independent logging contractor, and a member of the timber products union. Currently chaired by Commissioner’s designee – the State Forester FPB meetings are open, public meetings. Anyone from the public can attend and comment on agenda topics
Forest Practices Rules
Title 222 Washington Administrative Code (WAC)
1976 - Permanent rules adopted
• Water quality
• Stream bank integrity
1987 – Timber/Fish/Wildlife (TFW) rule package
• Riparian buffers
• Adaptive management
Presenter
Presentation Notes
Permanent rules established in 1976 following the 1974 FP Act – under Title 222 WAC Rules have been amended many times over the years and usually always increase restrictions on forest practices Most notable rule changes which increased environmental protection related to aquatic resources 1976 – Permanent rules adopted with an emphasis on water quality 1987, TFW collaborative process that is still used today for rule-making, collaboration on forest practices policy and operations - riparian buffers widened and addressed shade and woody debris needs for fish habitat - adaptive mgmt concept, collaborative science, id teams 1992 – Watershed Analysis program adopted into rule. Analyses began to look at cumulative effects on a watershed basin instead of only site by site -wetland buffers, more stringent review for filling wetlands -more stringent review for pesticide application -more stringent review for operation son unstable slopes, which ultimately protects water/fish/public
Forest Practices Rules 1992 – Watershed analysis
• Wetland protection
• Chemical application
• Unstable slopes
2001 – Forests & Fish Rules
• Riparian protection
• Road Maintenance and Abandonment Plan (RMAP)
• Ensure compliance with Endangered Species Act (ESA) and Clean Water Act (CWA)
Presenter
Presentation Notes
Forest and Fish Report - Created by stakeholder group including the services, EPA, Forest Service, DNR, ECY, WDFW, reps from tribes, counties, large industrial, sfl. Developed in response to the listing of several salmon species and surface waters under the ESA and CWA. - resulted in the Forests & Fish Law and subsequent rules - huge overhaul of the rules based on recommendations by the forests and fish report Designed to protect water quality and aquatic and riparian-dependent species and reduce cumulative effects across the landscape Rules that required landowners to come up with road maintenance and abandonment plans to reduce road-related sediment and identify fish blockages. Adoption of F&F rules ensured compliance with ESA and CWA HCP - formalized compliance with the Endangered Species Act for aquatic species
Forest Practices Rules 2006 – Forest Practices
Habitat Conservation Plan (FPHCP)
• Formalized compliance with the ESA for aquatic species
2013 – Forest Practices Hydraulic Projects (FPHP)
• DNR assumes jurisdiction for forest practices activities in or over typed water
Before
After
Presenter
Presentation Notes
HCP - This 50-year contract with the Federal government recognizes that Washington State’s FP rules meet the requirements of the Federal ESA for aquatic species and the CWA for water quality. Unlike any other HCP in the nation. Programmatic plan that was written to support the rules. It is not a prescriptive plan. It basically says, if you follow the forest practices act and rules, you will be covered by the HCP. As of December 30, 2013 DNR has jurisdiction over forest practices activities for work in or over typed waters which was previously held by WDFW – dfw still important in the process Culvert and bridge installations, beaver dam removals, yarding logs over streams, etc
Rules Based on Science
Forests and Fish Report & Rules Adaptive Management Program
Forests and Fish Policy Committee
Cooperative, Monitoring, Evaluation and Research (CMER) Committee
Presenter
Presentation Notes
F&F Report shaped the rules that are used today based on science. Rule changes following the implementation of the fish rules mostly based on recommendation by AMP Science-based multi-caucus program that makes recommendations to the FPB on proposed changes to forest practices rules to meet timber industry viability and salmon recovery. Change to rules Changes to rules and new rules adopted only if consistent with recommendations resulting from the scientifically based adaptive management process established by a rule of the board. Adaptive management process Best available science and information Protocols and standards Regular monitoring Scientific and peer review process Rules don’t just change because someone “feels” a change should be made. They are changed based on significant study, review and the best available science.
Department of Ecology (ECY)
“Forest practices rules pertaining to water quality
protection shall be adopted by the board after reaching agreement with the director of the department of ecology…” [RCW 76.09.040(1)]
Rules marked with an asterisk(*) pertain to water
quality protection and have been adopted or amended by the FPB with agreement from ECY
Presenter
Presentation Notes
Department of Ecology and the rules You will see that there are many, many asterisks throughout the rules. Those rules were adopted with agreement from ECY and can not be modified without agreement from ECY. The rules are designed to meet the Clean Water Act – if you follow the rules, you will also be in compliance with the CWA
Clean Water Act Environmental
Protection Agency
DOE State
Authority for Clean Water
Act Technical
Assistance
Forest Practices
Board Adopts Rules
DNR Implements the
Rules
Collaboration
Presenter
Presentation Notes
(Penhale) Let participants know that we will be discussing primarily the right side of the flow chart (DNR/DOE) – not HCP. U.S. Environmental Protection Agency - The Clean Water Act (CWA) is the cornerstone of surface water quality protection in the United States. Joint rule to protect public resources. Federal clean water act — Department (DOE) designated as state agency, authority — Delegation of authority — Powers, duties, and functions. Water quality standards affected by forest practices — Department of ecology solely responsible for water quality standards — Forest practices rules — Adoption — Examination — Enforcement procedures. Forest practices board (1) There is hereby created the forest practices board of the state of Washington as an agency of state government consisting of members as follows:�(a) The commissioner of public lands �(b) The director of the department of community, trade, and economic development �(c) The director of the department of agriculture �(d) The director of the department of ecology �(e) The director of the department of fish and wildlife �(f) An elected member of a county legislative authority appointed by the governor�(g) One member representing a timber products union�(h) Six members of the general public appointed by the governor Forest practices act and regulations relating to water quality protection to be utilized to satisfy federal water pollution act. Forest practices Forest practices rules pertaining to water quality protection shall be adopted by the board after reaching agreement with the director of the department of ecology. All other forest practices rules shall be adopted by the board.�� Forest practices rules shall be administered and enforced by either the department (DNR) or the local governmental entity as provided in this chapter. �� (2) The board shall prepare proposed forest practices rules. In addition to any forest practices rules relating to water quality protection proposed by the board, the department of ecology may submit to the board proposed forest practices rules relating to water quality protection. Boiled Down Ecology – implements the Clean Water Act on all lands. Work with DNR to provide technical assistance on Forest Land pertaining to water quality. DNR – implements Forest Practice Rules on Forest Land that are designed to ensure compliance with the Clean Water Act. BMPs are used in achieving the Forest Practice Rules which in turn are used in achieving the Clean water act What it means to the Commissioner Letter from Commissioner in front of Rule Book: “The rules are designed to provide protection for aquatic resources and to ensure compliance with the Endangered Species Act and the Clean Water Act while providing for the economic viability of the forest industry.” July 1, 2001
If you follow the rules…
Board Manual
Advisory technical supplement to the forest practices rules
26 sections that provide guidance on
implementing rules in the field
Designed to guide field practitioners, DNR foresters, landowners, etc.
www.dnr.wa.gov
Implementing the Rules
Department of Natural Resources • Forest Practices
Program Six Regions
• Region map handout Website:
www.dnr.wa.gov
Presenter
Presentation Notes
Forest Practices program is responsible for complying and enforcing the rules – our foresters and staff have the experience and expertise to implement a large set of complex rules Six geographic regions across the state – see the handout for region boundaries, headquarters locations and contact info for each region Website can also be a useful tool. It can be difficult to navigate because there is so much information on there, but if you are looking for forms, rules, board manual, etc. – that’s the place to go.
Forest Practices Application/Notification (FPA/N)
Presenter
Presentation Notes
This application has 31 questions. There are apps for eastern and western WA due to some differences in rule and we have a separate aerial chemical application as well. We require a lot of info from landowners. The form and associated maps tell the story of what is proposed. It is designed to collect the information we need to make a decision on the project. The first step is checking that the application is completely filled out.
Forest Practices Application/Notification (FPA/N)
Presenter
Presentation Notes
Maps are also required with submission of an FPA. There are instructions on the web as to how to fill out an FPA as well as the required elements on the map.
Office Review
Forest Practices Risk Assessment Tool (FPRAT)
Initial Screening via Office Checklist
Many data sources in one mapping site
Classification
FPA Review System (FPARS)
Notification system
Presenter
Presentation Notes
Office staff receive an FPA and begin review using FPRAT -This is an initial office screening to check if the app is complete and if all issues have been addressed based on info in FPRAT -FPRAT is a tool that pulls together many data sources into one mapping site Once reviewed and determined complete, a classification is given – which I will talk about a little later Entered into FPARs for notification – Forester as well as other interested parties are notified that an application is out for review
Forester Responsibility
Forester notified by FPARS Office Review
Field Review
Approval/Disapproval
Field check approved permits Enforcement
Presenter
Presentation Notes
Forester notified by FPARS Office review Field review Responsible for approving or disapproving apps Once approved, foresters field check approved permit areas Authority to do enforcement -stop work if there is damage to public resource, no permit, working outside permit approval -apply mitigation for violations -can even issue civil penalties for the most aggregious violations or repeat offenders
Forest Practices Jurisdiction
Forest Practice: “…any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, processing timber, or removing forest biomass…”
Presenter
Presentation Notes
Our jurisdiction pertains only to forest practices activities on forest land
Forest Practices Jurisdiction
Forest Land: “…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.”
Presenter
Presentation Notes
Our jurisdiction pertains only to forest practices activities on forest land Hay fields may be capable of supporting timber, but are being used as ag land… so it is non-forestland
Forest Practices Jurisdiction
State Private
Local government Non-federal/tribal
Presenter
Presentation Notes
State, private and lge Not federal – if you have concerns about activities on forest service or tribal lands – call
Forest Practices
Pesticide application
Road construction
Culvert installation
Timber harvest Precommercial Thinning
Tree Planting
Presenter
Presentation Notes
Examples of forest practices
Forest Land
YES NO
Presenter
Presentation Notes
Examples of forest land.
Classification of Forest Practices Applications (FPA)
Class I: No direct potential to damage a public
resource Class II: Less than ordinary potential to damage
a public resource Class III: Public resources on or near site,
therefore potential for damage exists Class IV Special: has potential for substantial
impact to the environment Class IV General: Conversion from forest land
Presenter
Presentation Notes
As mentioned earlier, when an FPA comes into the region office it is screened to make sure the app is complete and the proposal is understood. Then the app is classed. Classification is based on risk to public resources.
Class I No FPA/N required – no
fee Routine road
maintenance Tree planting Cutting less than 5,000
board feet of timber for personal use (i.e., firewood or fence posts)
Culture and harvest of Christmas trees
Presenter
Presentation Notes
No FPA, no fee The landowner still has to follow the forest practices rules
Class II
Requires FPA/N and applicable fee
Notification – activities may begin five days after receipt
Renewals of previously approved FPA/Ns with no modifications
Salvage logging where no public resources are present
Partial cutting less than 40% live timber volume
Presenter
Presentation Notes
Class II examples - NOTIFICATION
Class III
Requires FPA and applicable fee
FP activities not included in Class I, II, IV
Harvest or road construction near public resources
Forest Practices Hydraulic Project
Aerial application of pesticides
Opening new rock pit
Presenter
Presentation Notes
Apps are most commonly classed as IIIs – any fpa in or around water where there are buffers on streams/wetlands
Class IV General
Requires FPA and fee Conversion from forest land to a use incompatible
with growing timber May require processing with the local government,
city/county Requires an environmental checklist in compliance
with the State Environmental Policy Act (SEPA)
Presenter
Presentation Notes
Classes i-iii are exempt from SEPA. Class Ivs require SEPA and is another important public review process that’s important to pay attention to and understand your ability to comment. IV Generals are conversions. Some counties and cities have jurisdiction over conversions.
Class IV Special
Requires FPA and fee Certain aerial applications of
pesticides (WAC 222-16-070) Specific forest practices on lands
designated as critical habitat (WAC 222-16-080)
Forest practices on potentially unstable slopes or landforms (WAC 222-16-050(d)(i))
Presenter
Presentation Notes
These are considered the most risky types of forest practices. Pesticides - This WAC and key help DNR determine the classing for application of pesticides – The “Key for Evaluation…” is included in your handouts. Critical habitat of threatened and endangered species (spotted owl, marbled murrelet, gray wolf, grizzly bear)
Class IV Special
Forest practices in areas with archaeological
sites/resources May require a report from a technical expert Requires an environmental checklist in compliance
with the State Environmental Policy Act (SEPA)
Presenter
Presentation Notes
Report from geologist, archaeologist, biologist
Purpose of the Rules Protect public resources while
maintaining a viable timber industry
A large portion of the rules are focused on protecting water • Water Typing – WAC 222-16-031
• Timber Harvesting – WAC 222-30
• Unstable Slopes – WAC 222-16-050
• Road Construction and Maintenance – WAC 222-24
• Forest Chemicals – WAC 222-38
Presenter
Presentation Notes
As stated earlier, the purpose of the rules is to protect public resources while maintaining a viable timber industry Most of the operational rules are heavily focused on water protection Water typing determines fish use, perennial and seasonal features. RMZs are determined based on water typing. Timber harvesting lays out riparian rules as well as wetland protections Unstable Slopes are defined in 222-16 and there is a comprehensive bm section for field verification Road construction and maintenance Forest Chemicals section regulates 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 significantly damaged and water quality will not be endangered by contamination. Department of Agriculture regulates chemicals, pesticide applicator licenses, rates toxicity, enforces their rules regarding pesticides as well.
S water is designated by ECY or county and are mapped. All other streams must be typed on the ground. Forest Practices defines stream types for the purpose of Riparian Management Zones. Fish-bearing streams are provided more protection than non-fish streams.
Type F Waters
Presumed to have fish when the following physical characteristics are present: • Defined channel two feet or
wider at bankfull width • Gradient less than 16%
o Sub-basin 50 acres or less
• Gradient less than 20% o Sub-basin greater than 50
acres
Presenter
Presentation Notes
Fish waters have the following characteristics: 2 ft and greater less than 16% gradient where contributing sub-basin is 50 acres or less less than 20% gradient where contributing sub-basin is greater than 50 acres
Type F Waters
Certain ponds or impoundments Domestic water sources used by
more than 10 residential or camping units upstream of the diversion point for 1,500 feet or until the drainage area is reduced by 50%, whichever is less
Presenter
Presentation Notes
Certain ponds or impoundments as defined in rule OR – fish are present, regardless of any other factor
Type Np Waters
Non-fish bearing Flow year-round Do not go dry any time
during a year of normal rainfall
Certain “sensitive sites” Headwall seep Side-slope seep Np intersection Headwater spring Alluvial fan
Presenter
Presentation Notes
Type Ns Waters
Non-fish bearing Seasonal Surface flow is not
present for a portion of the year during a year of normal rainfall
Must be physically connected by an above-ground channel to Type S, F or N waters
Presenter
Presentation Notes
Apps are most commonly classed as IIIs
Timber Harvesting
The harvest section establishes Riparian
Management Zones (RMZ) based on water type “The goal of the riparian rules is to protect aquatic
resources and related habitat to achieve restoration of riparian function…”
Wetlands provide fish and wildlife habitat, protect water quality, moderate and preserve water quantity
Presenter
Presentation Notes
Harvest section established RMZs Goal is to protect and restore riparian function Wetlands are also protected and proved important habitat for fish and wildlife
Riparian Functions
Shade Bank stability Woody debris recruitment Sediment filtering Nutrients Leaf litter fall
Presenter
Presentation Notes
Purpose of RMZs is to provide naturally functioning streams where riparian areas provide critical function to the stream.
Head text here Body text here Vulla feugait, henit acilis exer aesendr velestrud eros aliquisl dig ismolor sequam in henim inisisi. Loreetum iriustin henit
Head text here Bulleted text here Type size & font are
embedded Leave equal space
on sides of text Always use high
quality images Do not stretch pics
Type S and F Waters
Presenter
Presentation Notes
HERE IS WHAT THE RMZS ON S AND F STREAMS LOOK LIKE The RMZ is made up of three zones where varying levels of harvest are allowed (point to core, inner, outer) The total distance of the RMZ depends on site class and stream width The site class is simply a rating of the potential tree growth for that area.
500’ long, 50’ wide no-cut buffer
Type Np Waters Sensitive Sites:
seeps, springs, Np confluences, alluvial fans, unstable slopes
Np
Np
Np
F
Domestic water source =F water protection =F buffer 1500’ upstream from intake
Presenter
Presentation Notes
Protection also given to Np streams Generally 50% of the entire Np system is buffered Must buffer first 500’ to fish stream Preference given to sensitive sites: seeps, springs, initiation points, unstable slopes
Large horizontal chart here Be sure to cover entire light green area
Heading Here
Type Np 50’ no cut buffer
Type F riparian management zone
Road Construction & Maintenance
“... roads must be constructed and maintained in a manner that will prevent potential or actual damage to public resources. This will be achieved by constructing and maintaining roads so as not to result in the delivery of sediment and surface water to any typed water in amounts, at times or by means, that preclude achieving desired fish habitat and water quality...” [WAC 222-24-010(2)]
Presenter
Presentation Notes
Rules consistently focus on water quality
Road Construction & Maintenance
Goals: Provide for fish passage at all life stages Prevent road related landslides (mass wasting) Minimize delivery of sediment and surface runoff
to all typed streams Avoid capture and redirection of surface or
groundwater Divert most road runoff to the forest floor
Presenter
Presentation Notes
Rules consistently focus on water quality
Road Construction & Maintenance
Goals: Design water crossing structures to the 100-year
flood level Protect stream bank stability, the existing channel
and riparian vegetation Minimize construction of new roads Assure no-net-loss of wetland function Assure no-net-loss of fish habitat
Presenter
Presentation Notes
Rules consistently focus on water quality
Unstable Slopes
WAC 222-16-050(1)(d)(i) Potential to deliver
sediment or debris to a public resource or threaten public safety
Goal of the Forest Practices rules is to NOT increase mass wasting (i.e., landslides) above natural background rates
Presenter
Presentation Notes
Apps are most commonly classed as IIIs
Convergent Headwalls
Ground water recharge areas
Inner Gorge
Bedrock Hollows
Toes of deep-seated landslides
Outside of meander bends
Other areas of instability
Powell 2007
Spring General Unstable
Area
River
River
Landslide
Glacial Terrace
Flood Plain
Unstable landforms listed in WAC 222-16-050
(A3)
(A2)
(A1) (E)
(C)
(B)
(D)
Presenter
Presentation Notes
This is a fill-in sheet to illustrate where the unstable landforms outlined in WAC 222-16-050 occur.
Unstable Slopes
Most landowners choose to avoid potentially unstable slopes
High level of review by DNR, experts and public
Expert report (geotechnical report from a Qualified Expert)
SEPA
Presenter
Presentation Notes
All applications that come in are reviewed for unstable slopes whether the applicant indicates they are present or not. But for those that submit apps with operations on unstable slopes, the level of scrutiny is very high as well as the burden of documentation from the landowner
Forest Chemicals
“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 significantly damaged and water quality will not be endangered by contamination. This section in no way modifies the state department of agriculture regulations governing chemicals.” WAC 222-38-010
Presenter
Presentation Notes
This means that there are very specific buffers for all typed waters and wetlands based on the type of nozzle the operator is using, wind or lack of wind as well as the distance from the spray site. Chemicals are VERY expensive so it is to the benefit of the landowner to use the most effective chemical in the least amount possible under favorable conditions. Pesticide applicator licenses are also strictly regulated by the department of ag. and operators don’t want to risk losing their license, being fined, etc. Dept. of Ag plays a large role in regulation of pesticides, licenses, documentation required and following label instructions.
Aerial Chemical Application
Presenter
Presentation Notes
Aerial application of herbicides requires an aerial chemical application.
Aerial Chemical Application
Presenter
Presentation Notes
This is where all the herbicide information is recorded. Landowners often will list many herbicides that may be used to cover their bases because they don’t know at the time the fpa is submitted what will be available or on sale, etc. However, all the chemicals listed are not used. There are very strict regulation on how chemicals are to be mixed and usually it is only a couple with a carrier to help stick to the targeted species. The labels are very specific and must be followed by the applicator and submitted.
Screening/Review Tools
Forest Practices Risk Assessment Tool (FPRAT)
Presenter
Presentation Notes
Application is reviewed just as described earlier using the Office Checklist and FPRAT. Staff looks for streams, wetlands, Group A and B Intakes, wildlife, etc. Spring and surface water are differentiated and appropriate buffers have been drawn in.
Screening/Review Tools
http://cru66.cahe.wsu.edu/LabelTolerance.html
Presenter
Presentation Notes
This database is maintained by the WSDA in partnership with WSU extension. Office staff look up every single chemical listed on the fpa to make sure it is in the database and check toxicity rating, labels, etc.
Classification
Key for Evaluation of Site Specific Use of Aerially Applied Pesticides (see handout)
Presenter
Presentation Notes
Every chemical in every application is reviewed using this dichotomous key – SEE HANDOUT It systematically takes you through a series of questions to determine classification and make sure certain water systems are protected – specifically group A and B water systems as well as sensitive ground water areas.
QUESTIONS?
Presenter
Presentation Notes
Hope this was helpful as an overview of forest practices jurisdiction, rules and aquatic resources. It’s a lot so feel free to ask questions. We have provided some useful handouts with resources and contact info. There are also a few copies of the Forest Practices Illustrated available, which is a condensed version of the rules with picture.
