Harvest Type 3 Units Exceeding 120 Acres
(1)The purpose of this rule is to describe the process that operators shall follow to gain approval of a plan for an alternate practice for a harvest type 3 unit that is between 120 and 240 acres in size.
(2)Operators must obtain written approval of a plan for an alternate practice from the State Forester before conducting operations that result in a single harvest type 3 unit, or combinations of harvest type 3 units, that exceed the contiguous 120 acre limit on a single ownership.
(3)For each unit on which a harvest type 3 is proposed to exceed the contiguous 120 acre limit, the plan for an alternate practice shall:
(a)Describe the planned harvest including, but not limited to, the elements of a written plan listed in OAR 629-605-0170 (Statutory Written Plans);
(b)Include a detailed map of the planned harvest that shows the specific unit boundaries; and
(c)Demonstrate that the larger harvest size will result in increased protection of, or reduced adverse impact on, any or all of the resources and values protected by the Oregon Forest Practices Act. For the purposes of this rule, resources and values includes:
(A)Air quality, water resources, soil productivity, and fish and wildlife resources as described in ORS 527.710 (Duties and powers of board)(2);
(B)The resource sites needing protection as listed in ORS 527.710 (Duties and powers of board)(3);
(C)Scenic resources within visually sensitive corridors as provided in ORS 527.755 (Scenic highways); and
(D)Public safety related to landslides.
(4)The State Forester shall review the operator’s compliance with the Oregon Forest Practices Act and deny approval of the plan for an alternate practice submitted under this rule when the operator has:
(a)Received citations for violating a forest practice rule or statute within the past year; or
(b)Failed to comply with an order to cease further violation, an order to repair damage, or an order to correct an unsatisfactory condition under ORS 527.680 (Violation by operator)(2).
(5)Plans for an alternate practice submitted under this rule shall not be subject to appeal under ORS 527.700 (Appeals from orders of State Forester)(3).
(6)Single harvest type 3 units or combinations of harvest type 3 units may not exceed 240 contiguous acres on a single ownership, except when the units have been reforested as described in ORS 527.750 (Exceeding harvest type 3 size limitation)(1)(a), (b) and (c).
(7)The harvest type 3 acreage limitations do not apply for conversions or disasters described in ORS 527.740 (Harvest type 3 limitations)(4) when the operator obtains approval from the State Forester of a plan for an alternate practice before conducting operations.
Rule 629-605-0175 — Harvest Type 3 Units Exceeding 120 Acres,