(a) The reserved sovereignty of the Colville Confederated Tribes over all lands of the Colville Indian Reservation in order to provide for the economic security, health safety and welfare of people residing on or doing business on or visiting the Colville Reservation and to exercise the authority of the tribal government of the Colville Confederated Tribes to enact legislation to protect these governmental interests;

(b) Any authority delegated to the tribal government by the United States.

(a) "Chapter" means the Forest Practices Water Quality Chapter under this Code.

(b) "Application" shall mean the forest practices application required pursuant to this Chapter.

(c) "Borrow pit" shall mean an excavation site outside the limits of construction to provide material necessary to that construction, such as fill material for the embankments.

(d) "Chemical" means substances in liquid, gas or solid form which may be applied to forest lands or timber to accomplish specific purposes and includes pesticides, insecticides, rodenticides, herbicides, plant growth regulators, fungicides, fertilizers, desiccants, fire retardants when used in controlled burning, repellents, oil, dust-control agents (other than water) and salt. In addition "chemicals" shall include all other materials that may present hazards to the environment.

(e) "Commercial tree species" means any species which are capable of producing a merchantable stand of timber on the particular site, or which are being grown as part of a Christmas tree or ornamental tree-growing operation.

(f) "Completion of harvest" means the latest of:

(g) "Contamination" means the introducing by means of any substance, whether in liquid, gas or solid form, into Reservation resources in sufficient quantities as may be directly injurious to the health, safety or welfare of the Reservation population or individually injurious to the Reservation population as a result of domestic, commercial, industrial, agricultural or recreational activities or which may otherwise pose a threat to Reservation resources, in particular, air quality, water quality, wildlife, fish or other aquatic life and their respective habitat.

(h) "Contiguous" shall mean land adjoining or touching by common corner or otherwise. Land having common ownership divided by a road or other right-of-way shall be considered contiguous.

(i) "Conversion to a use other than commercial timber operation" shall mean a bona fide conversion to an active use which is incompatible with timber growing.

(j) "Debris" means garbage, trash, leftover cable and equipment, and other non-wood waste material which would reasonably be expected to cause significant damage to a Reservation resource.

(k) "Department" shall mean the Colville Tribal Forestry Department.

(l) "End hauling" means the removal and transportation of excavated material, pit or quarry overburden, or landing or road actively used for a use which is incompatible with timber growing.

(m) "Erodible soils" means those soils exposed or displaced by a forest practice operation that would be readily moved by water.

(n) "Fertilizers" means any substance or any combination or mixture of substances used principally as a source of plant food or soil amendment.

(o) "Flood level--fifty (50) year." For purposes of field interpretation of these regulations, the fifty (50) year flood level shall be considered to refer to an additional vertical water height above the height of the ordinary high water mark, such additional vertical height being 125% of the vertical distance between the average stream bed and the ordinary high water mark; and an additional horizontal distance which shall not exceed two (2) times the ordinary channel width as measured between the ordinary high water marks and added to each side of the channel, unless a different area is specified by the Department based on identifiable topographic or vegetative features.

(p) "Flood level--twenty-five (25) year." For purposes of field interpretation of these regulations the twenty-five (25) year flood level shall be considered to be a vertical elevation which is the same height measured from the ordinary high water mark as the vertical distance between the average stream bed and the ordinary high water mark, and in horizontal distance shall not exceed two (2) times the channel width measured on either side from the ordinary high water mark, unless a different area is specified by the Department based on identifiable topographic or vegetative features.

(q) "Forest land" means all land which is capable of supporting a stand of timber and is not being actively used for a use which is incompatible with timber growing.

(r) "Forest landowner" shall mean any person in actual control of forest land, whether such control is based either on legal or equitable title, or on any other interest entitling the holder to sell or otherwise dispose of any or all of the timber on such land in any manner; Provided, That any lessee or other person in possession of forest land without legal or equitable title to such land shall be excluded from the definition of "forest landowner" unless such lessee or other person has the right to sell or otherwise dispose of any or all of the timber located on such forest land.

(s) "Forest practice" means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber, including but not limited to:

"Forest practice" shall not include: preparatory work such as tree marking, surveying and road flagging; or removal or harvest of incidental vegetation from forest lands such as berries, ferns, greenery, herbs, mushrooms, and other products which cannot normally be expected to result in damage to forest soils, timber or Reservation resources.

(t) "Herbicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any tree, bush, weed or algae and other aquatic weeds.

(u) "Improved stock" means seed or seedlings resulting from a tree improvement program, tested and verified.

(v) "Intermittent stream" shall mean a stream or stream segment that normally goes dry for a portion of a calendar year. Such stream shall have a discrete and readily identifiable bed which demonstrates the annual flow of water along such bed.

(w) "Insecticide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any insect, other arthropods or mollusks.

(x) "Key wildlife habitat" means the habitat of wildlife species which depends on maintenance of water quality in the streamside management zone and adjacent areas or any habitat where a wildlife species helps maintain water quality.

(y) "Limits of construction" means the area occupied by the completed roadway or landing, including the cut bank, fill slope, and the area cleared for the purpose of constructing the roadway or landing.

(z) "Load bearing portion" means that part of the road, landing, etc., which is supportive soil, earth, rock, or other material directly below the working surface and only associated earth structure necessary for support.

(aa) "Major tractor road" means a road which involves extensive sidecasting or similar disturbance of soil which may cause material damage to a Reservation resource or would destroy the integrity of a Streamside Management Zone.

(bb) "Merchantable stand of timber" means a stand of trees that will yield logs and/or fibre:

(cc) "Notice to comply" means a notice issued by the Department may require initiation and/or completion of action necessary to prevent, correct and/or compensate for material damage to Reservation resources which resulted from forest practices.

(dd) "Operator" shall mean any person engaging in forest practices except an employee with wages as his sole compensation.

(ee) "Ordinary high water mark" means the mark on the shores of all waters which will be found by examining the beds and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation.

(ff) "Partial cutting" means the removal of a portion of the merchantable volume in a stand of timber so as to leave a well-distributed stand of residual, healthy trees that will reasonably utilize the productivity of the soil.

(gg) "Perennial stream" shall mean a stream or stream segment which normally maintains a surface flow of water year round.

(hh) "Person" shall mean any individual, partnership, private, public, tribal or municipal corporation, tribal enterprise, county, the Department or any tribal, state or local governmental entity, or association of individuals of whatever nature.

(ii) "Pesticide" means any insecticide, herbicide, or rodenticide but does not include nontoxic repellents or other chemicals.

(jj) "Plantable area" is an area capable of supporting a commercial stand of timber excluding lands devoted to permanent roads, utility right-of-way, that portion of Streamside Management Zones where scarification is not permitted, and any other area devoted to a use incompatible with commercial timber growing.

(kk) "Power equipment" means all machinery operated with fuel burning or electrical motors, including but not limited to heavy machinery, chain saws, portable generators, pumps, and powered backpack devices.

(ll) "Rehabilitation" means that act of renewing or making useable and reforesting forest land which was poorly stocked or previously nonstocked with commercial species.

(mm) "Relief culvert" means a structure to relieve surface runoff from roadside ditches to prevent excessive buildup in water volume and velocity.

(nn) "Reservation population" shall mean all people residing on any lands, whether trust or fee, within the exterior boundaries of the Colville Indian Reservation.

(oo) "Reservation resources" means land, water, fish, and wildlife and in addition shall mean capital improvements on the Colville Indian Reservation.

(pp) "Residual old-growth" means the old-growth of timber remaining after harvest of a portion of an old-growth stand.

(qq) "Rodenticide" means any substance or mixture of substances intended to prevent, destroy, or mitigate rodents or any other vertebrate animal which may be declared a pest.

(rr) "Salvage" means the removal of snags, down logs, windthrow, or dead and dying material.

(ss) "Scarification" means loosening the topsoil and/or disrupting the forest floor in preparation for regeneration.

(tt) "Side casting" means the act of moving excavated material to the side and depositing such material within the limits of road construction or dumping over the side and outside the limits of construction.

(uu) "Skid trail" means a route used by tracked or wheeled skidders to move logs to a landing or road.

(vv) "Slash" means nonmerchantable woody material resulting from forest practice activities.

(ww) "Spoil" means excess material removed as overburden or generated during road or landing construction which is not used within limits of construction.

(xx) "Stocking" or "acceptable stocking" shall mean the minimum number of well distributed, vigorous seedlings, saplings or trees per acre of approved species as shall be defined and determined by the Colville Forestry Department and as contained in any approved application adopted pursuant to this Chapter.

(yy) "Stop work order" means the "stop work order" described in Section 4-7-15, and may be issued by the Department to stop violations of this Chapter to prevent damage and/or to correct and/or compensate for damages to Reservation resources or harm to the health, safety or welfare of the Reservation population resulting from forest practices.

(zz) "Streamside Management Zone" means a specified area alongside natural waters where specific attentions must be given to the measures that can be taken to protect water quality. These zones shall be measured from the ordinary high water mark of the body of water and measure, at a minimum:

In the discretion of the Department, the Streamside Management Zone may be modified, either to expand or narrow it, to take into account localized conditions.

(aaa) "Temperature sensitive waters" means those waters included with the waters identified on the "Water Type Map," the temperature of which may be adversely affected by the removal of shade producing vegetation to the extent that fishery resources, water quality, and/or other Reservation resources would be severely damaged.

(bbb) "Timber" shall mean forest trees, standing or down, of a commercial species, including Christmas trees.

(ccc) "Timber owner" shall mean any person having all/or any part of the legal interest in timber. Where such timber is subject to a contract of sale, "timber owner" shall mean contract purchaser.

(ddd) "Water bar" means a diversion ditch and/or hump in a trail or road for the purpose of carrying surface water runoff into the vegetation duff, ditch, or other dispersion area so that it does not gain volume and velocity which causes soil movement and erosion.

(eee) "Weed" is any undesirable plant which tends to overgrow or choke out more desirable vegetation.

(fff) "Windthrow" means a natural process by which trees are uprooted or sustain severe trunk damage as a result of wind action.

(a) Class I Forest Practices: Those operations that have been determined to have no direct potential for damaging a Reservation resource or the health, safety or welfare of the Reservation population are Class I Forest Practices. Unless conditions listed in "Class IV" Forest Practices are present, the following operations may be commenced without notification or application:

(b) Class II Forest Practices: Those operations which the Department has determined to have little potential for environmental damage to Reservation resources, or health, safety or welfare of the Reservation population; Provided, that no forest practice enumerated below may be conducted as "Class II" Forest Practice on lands being, or declared to be converted to another use, or where conditions listed in "Class IV" forest practices are present. Such forest practices require a "Class IV" application. "Class II" forest practices are as follows:

(c) Class III Forest Practices: Those operations which the Department has determined to have significant potential for environmental damage to either a Reservation resource to the health, safety or welfare of the Reservation population; Provided, that no forest practice enumerated below may be conducted as a Class III Forest Practice on lands being, or declared to be converted to another use. Such Forest Practices require a Class IV application. Included in Class III Forest Practices are the following:

(d) Class IV Forest Practices: Those operations which the department has determined to have a potential major environmental or economic impact on either Reservation resources, health, safety or welfare of the Reservation population. At the discretion of the Department, an environmental review may be required before these forest practices may be conducted. As a condition of the approval of Class IV Forest Practices, the forest land owner or operator may be required to furnish and submit an adequately detailed environmental analysis and/or statement to pay for costs reasonably incurred by the Department in preparing and evaluating a forest practices environmental analysis and/or statement. The following are Class IV Forest Practices:

1. lake, pond and stream bank protection;

2. major domestic water supplies;

3. tribal and /or public recreation;

4. fish spawning, rearing or migration;

5. wildlife habitat and uses;

6. protection of water quality; and

7. capital improvements.

1. are not classified as "Type 1 Water;"

2. are perennial or intermittent streams which have a well defined channel eight (8) feet in width and greater than four (4) feet in width, between the ordinary high water marks along the majority of the length of the stream segment; and

3. are impoundments having a surface area greater than 0.5 acre at seasonal low water.

1. are not classified as "Type 1 or 2 Waters;"

2. are perennial or intermittent streams which have a well defined channel less than eight (8) feet in width and greater than four (4) feet in width, between the ordinary high water marks along the majority of the length of the stream segment; and

3. are impoundments having a surface area greater than 0.2 acre, and less than 0.5 acres, at seasonal low water.

1. are not classified as "Type 1, 2, or 3 Waters;"

2. are perennial or intermittent streams which have a well defined channel less than four (4) feet in width between the ordinary high water marks along the majority of the length of the stream segment;

3. are impoundments having a surface area greater than 0.2 acre at seasonal low water; and

4. are areas of perennial or intermittent seepage, ponds, marshes, bogs, and drainage ways having short periods of seasonal or storm run-off.

1. "Natural Waters" only excludes water conveyance systems which are artificially constructed and actively maintained for irrigation.

2. "Seasonal Low Flow" and "Seasonal Low Water" mean the conditions of the seven-day (7 day), two-year (2 year) low water situation, as measured or estimated by accepted hydrologic techniques recognized by the Department.

3. Channel width shall be measured over a representative section of at least five hundred (500) lineal feet with at least ten (10) evenly spaced measurement points along the normal stream channel.

4. "Intermittent Stream" means those segments of streams that normally go dry for a portion of the calendar year.

1. Name and address of the forest land owner, timber owner, and operator;

2. Description of the proposed forest practice or practices to be conducted;

3. Legal description of the land on which the forest practices are to be conducted;

4. Planimetric and topographic maps of adequate size and detail showing location size of all lakes and streams and other Reservation waters in and immediately adjacent to the operating area and showing all existing and proposed roads and major tractor roads;

5. Description of the silvicultural, harvesting, or other forest practice methods to be used, including the type of equipment to be used and materials to be applied;

6. Proposed plan for reforestation and for any revegetation necessary to reduce erosion potential from roadsides and yarding roads, as required by the Forest Practices Regulations;

7. Soil, geological, and hydrological data with respect to forest practices;

8. The expected dates of commencement and completion of all forest practices specified in the application;

9. Provisions for continuing maintenance of roads and other construction or other measures necessary to afford protection to Reservation resources; and

10. An affirmation that the statements contained in the notification or application are true.

1. The reforestation requirements of this Chapter shall not apply if the land in fact is so converted within three (3) years unless applicable alternatives or limitations are provided in forest practices regulations issued under this Chapter as now or hereafter amended;

2. Completion of such forest practice operations shall be deemed conversion of the lands to another use;

3. Conversion to a use other than commercial timber operations upon completion of such forest practices without appropriate consent or approval from the Colville Business Council constitutes a violation of those laws for which such consent or approval is required.

1. The extent the Department is prohibited from approving the application by this Chapter.

2. For "Class IV" applications when the Department has determined an environmental review or statement must be prepared, the application must be approved, disapproved or approved with conditions within thirty (30) working days after receipt by the Department. The cost of preparing any review or statement by the Department shall be upon the application as a condition to approval of the application. When a Class IV application involves land to be converted to another use, a copy of the application shall be transmitted to the Colville Business Council.

1. The application is incomplete, improperly filed, or inaccurate.

2. The Colville Business Council has filed timely objections to the approval and the application indicates that it involves lands being converted to another use.

3. The operator has been enjoined from conducting forest practices by a Colville Tribal Court action under this Chapter.

4. Conducting the operation(s) in accordance with the application would be inconsistent with this Chapter and no acceptable alternate plan is approved.

1. The specific nature, extent, and time of failure to comply with the approved application; or identifying the damage or potential damage to a Reservation resource or harm to the Reservation population; and/or

2. The relevant provisions of this Chapter relating thereto;

3. The right of the operator or landowner to a hearing before the Department; and

4. The specific course of action ordered by the Department to be followed by the operator to correct such failure to comply and to prevent, correct and/or compensate for material damage to Reservation resources or harm to the Reservation population which resulted from any violation, unauthorized deviation, or willful or negligent disregard for potential damage to a Reservation resource; and/or those courses of action necessary to prevent continuing damage to Reservation resources or harm to the Reservation population where the damage is resulting from any violations, unauthorized deviation, or negligence.

1. The specific nature, extent, and time of the violation, deviation, damage, or potential damage;

2. An order to stop all work in connection with the violation, deviation, damage, or potential damage;

3. The specific course of action needed to correct such violation or deviation or to prevent damage and to correct and/or compensate for damage to Reservation resources which has resulted from any violation, unauthorized deviation, or willful or negligent disregard for potential damage to a Reservation resource or potential harm to the Reservation population; and/or those courses of action necessary to prevent continuing damage to Reservation resources or harm to the Reservation population where the damage is resulting from the forest practice activities but has not resulted from any violation, unauthorized deviation, or negligence; and

4. The right of the operator to a hearing before the Colville Environmental Quality Commission: The Department shall immediately file a copy of such order with the Colville Environmental Quality Commission and mail a copy thereof to the timber owner and forest land owner at the addresses shown on the application. The operator, timber owner, or forest land owner may commence an appeal to the Colville Environmental Quality Commission within fifteen (15) days after service upon the operator. If such appeal is commenced, a hearing shall be held not more than twenty (20) days after copies of the notice of appeal were filed with the Colville Environmental Quality Commission. The operator shall comply with the order of the Department immediately upon being served, but the Colville Environmental Quality Commission, if requested, shall have authority to continue or discontinue in whole or in part the order of the Department under such conditions as it may impose pending the outcome of the proceeding.

(a) CLASS I - Forest roads designated as primary haul roads which are to remain active and publicly accessible as a part of the Reservation road network. They will be surfaced (either paved or graveled) and usually provide access to major physiographic areas or timbered regions. Roads will be maintained during and after completion of the timber sale that initiated construction.

(b) CLASS II - Forest roads designated as secondary haul roads which are to remain active and publicly accessible as a part of the Reservation road network. They are normally surfaced and provide access to principal drainage areas or connect with Class I and V roads. Roads will be maintained during and after completion of the timber sale that initiated construction.

(c) CLASS III - Branch roads which are minor haul roads providing access to smaller drainages or areas. They are normally unsurfaced but may be maintained for administration and fire protection use after the sale is completed. These roads will remain publicly accessible. Non-active roads will be closed and "put to bed."

(d) CLASS IV - Spur roads which are temporary roads used for short periods to haul timber short distances. They are unsurfaced and will be promptly closed after timber sale is completed.

(e) CLASS V - Non-forest roads are existing roads which are a part of the Reservation road network. This class of roads can and usually does serve as a forest transport road. (Class I and II roads will generally connect with subclass 1 and 2 routes).

(a) Location

(b) Design

(c) Road Construction

(d) Bridges

(e) Culverts

(f) Temporary Water Crossings

(g) Road Maintenance

(h) Active Roads.

(i) Abandoned Roads.

(j) Road Ballast and Spoil Disposal Areas.

1. Locate landings on firm ground outside the Streamside Management Zone and above the fifty (50) year flood level of any stream. Avoid excessive excavation. Utilize existing landings where feasible. Plan new landings for permanent use.

2. Landings involving sidecast or fill shall be located where the toe of the sidecast or fill does not lie, and will not move within the Streamside Management Zone of Type 1 through 4 Waters.

3. Landings that must be located on the crest or midslope of steep slopes which are immediately adjacent to Type 1 Waters should be set back from the edge of the crest or bench as far as operationally feasible to minimize the risk of log and landing debris movement downhill into the water.

4. When practical, locate landings with an adverse grade to haul road to prevent sediment transport to the haul road. When practical the grade should be five (5) percent or more and a minimum of fifty (50) feet long.

5. Limit landing size to only what is necessary for safe operation of equipment used. When cold decking is planned, avoid unnecessarily large landings or an excessive number of landings. If large or frequent nonpermanent landings are planned a reclamation plan is required, including the following:

1. Landings requiring sidecast or fill shall be no larger than reasonably necessary for safe operation of the equipment expected to be used.

2. Where the average general slopes exceed sixty-five (65) percent, fill material used in construction of landings shall be free of loose stumps and excessive accumulations of slash and shall be mechanically compacted in two-to-three (2-3) foot layers where necessary and practical by tractor to prevent soil erosion and mass soil movement.

3. Truck roads, skid or fire trails shall be outsloped or cross drained uphill of landings and the water diverted onto the forest floor away from the toe of any landing fills.

4. Landings shall be sloped to minimize accumulation of water on the landing. As practical, construct landing so roadside ditch, surface or skid-trail water is channeled away from the landing site. Install maintenance ditches, culverts or water bars as necessary to prevent water accumulation at landings.

1. Harvesting shall leave the land in a condition conducive to future timber production except:

2. Avoid planning winter harvest operations which will extend into the spring melt season.

3. Reserve areas that are in coarse, well drained, non-cohesive soil for harvest during seasonally wetter time periods. When possible, plan operations starting after the spring runoff to first occur where soil is driest and where operations will cause least damage to the soil.

(a) Avoid disturbing brush and similar understory vegetation;

(b) Avoid disturbing stumps and root systems;

(c) Leave high stumps where necessary to prevent felled and bucked timber from entering the water.

1. Certain waters have been determined to be temperature sensitive and have been included in the designation of Type 1 Waters.

2. Other waters may be determined to be temperature sensitive, from time to time, as conditions warrant. Such determinations shall be made prior to the submission of an application to harvest and the water shall be identified as Type 1 Water.

3. Except as defined in (1) or (2) above, all other waters shall be presumed to be not temperature sensitive.

1. Leave all non-merchantable vegetation which provides midsummer and mid-day shade of the water surface.

2. Leave all windfirm vegetation which can reasonably be expected to remain standing, undamaged, after removal of the merchantable timber.

3. Leave such other trees as may be identified, and marked by the Department where it is determined by the Department that leaving of those trees would materially aid in maintaining water temperature suitable for fish production.

4. Leave sufficient merchantable timber, if any, necessary to retain fifty (50) percent of the summer mid-day shade of the water surface, provided that the Department shall require leaving seventy-five (75) percent of the shade where it determines that the mean of the ambient water temperatures, for a seven-day period, exceeds sixty degrees before logging.

1. Shows a high probability of windthrow and agrees to replant the Streamside Management Zone within the first planting season after harvest, or

2. Agrees to a staggered setting program producing equal or greater temperature control, or

3. Provides alternative means of stream temperature control satisfactory to the Department.

1. No felling will be felled into Type 1 and 2 and flowing Type 3 and 4 Waters except trees which cannot practically and safely be felled outside the streams, lake, or pond using techniques in general use, and these trees must then be removed promptly.

2. Trees may be felled into nonflowing and intermittent Type 3 and Type 4 Waters if logs are removed as soon thereafter as practical. EXCEPT:

3. Operator shall be required to use tree jacks, cable tree pulling systems or other recognized methods for directional falling when these methods are appropriate and their use would eliminate the need to fell trees into Type 1, 2, 3, or 4 Waters.

4. When a tree must be felled into Types 1, 2, 3, or 4 Waters reasonable efforts will be made to fell the tree as nearly perpendicular to the stream as feasible or to fell the tree in a manner to disturb area of stream embankment.

5. Integrate falling operations with skidding or yarding patterns so that:

6. On clearcuts, fall non-merchantable trees before yarding to avoid uproots and subsequent soil disturbance.

7. Avoid spilling sawdust into streams.

1. No bucking or limbing shall be done on trees or portions thereof lying between the banks of Type 1, 2, or 3 Waters, except as necessary to remove the timber from the stream, lake, or pond.

2. Where bucking or limbing is done between the banks of Type 4 Waters, care shall be taken to minimize accumulation of slash in the stream, lake or pond. Debris and slash shall be removed before spring runoff.

1. The logs will not materially damage the stream bed, banks, or Streamside Management Zone, or

2. Necessary to remove trees from the stream, or

3. Part of a stream clearance and improvement project approved by the Department.

1. When cable yarding across Type 3 Water, reasonable care shall be taken to minimize disturbance of the stream bed and banks,

2. If the Department subsequently determines that excessive stream damage is occurring, a Notice to Comply may be issued terminating yarding across a specific portion of the affected stream.

1. Uphill yarding is preferred.

2. Where downhill yarding is used, reasonable care shall be taken to lift the leading end of the log to minimize downhill movement of slash and soils.

3. When yarding parallel to a Streamside Management Zone, reasonable care shall be take to minimize rutting and to prevent logs from rolling into the stream, lake, or pond or Streamside Management Zone.

4. Avoid yarding across culverts, ditch lines, and roads.

1. Tractor and wheeled skidders shall not be used in any water, except with the approval of the Department.

2. When approved, skidding across any water shall be minimized and when done, temporary stream crossing shall be used, if necessary, to maintain stream bed integrity.

3. Whenever skidding across any type water, the direction of log movement between stream banks shall be as close to right angles to the stream channel as is practical.

1. Logging will be permitted within the zone, provided that tractors and wheeled skidders may not be used within the zones unless approved by the Department.

2. Where skidding in or through the Streamside Management Zone is necessary, the number of skidding routes through the management zone shall be minimized.

3. Logs shall be skidded in the direction in which they lie until clear of the Streamside Management Zone, to the extent practical and consistent with good safety practices, but do not skid logs down drainage channels.

1. Skid trails shall be kept to the minimum feasible number, length and width.

2. Plan trails to take advantage of terrain features which minimize sidecast or disturbance. Reasonable care shall be taken to minimize the amount of sidecast required and shall only be permitted outside the Streamside Management Zone.

(a) Drainage.

(b) Other Erosion Control Measures.

(c) Clean-up.

(a) The following site preparation is required when necessary to establish a condition suitable for reforestation:

(b) Streamside Management Zones may require special treatment to establish conditions suitable for reforestation.

1. Except on sites where the Department determines that a particular method would cause unreasonable risk to either Reservation resources or the health, safety and welfare of the Reservation population, any conventional method of slash disposal may be used, such as: controlled broadcast burning; pile or windrow and burn; pile or windrow without burning; mechanical scatter and compaction; chip or lop and scatter; burying and physical removal from the forest lands.

2. All slash burning between May 1st and October 31st requires a burning permit from the Department or the Bureau of Indian Affairs as appropriate, and reasonable care to prevent damage to Streamside Management Zones, soil, residual timber, Reservation resources, and other property.

3. Location of slash piles. Except where piling and burning will be completed before the next ordinary high water season, slash shall not be piled or windrowed within the Streamside Management Zone or in locations from which it could be expected to enter any stream, lake, or pond.

(a) Fire trails shall be constructed around all clear cut logging units prior to broadcast burning.

(b) Fire trails may be required when the Department determines that conditions warrant.

(c) Fire trails shall have dips, water bars, cross drainage and ditches as necessary to control erosion.

(d) Reasonable care shall be taken to minimize excavation. Sidecast shall not be permitted within the Streamside Management Zone of any waters.

(e) Fire trails shall be constructed to a minimum width as determined by the Department down to mineral soil to facilitate burning.

1. Clearcutting, or

2. Partial cutting where the site is reduced below it minimum stocking level as determined by the Department.

1. Individual dead, dying, down or windthrown trees are salvaged, or

2. A tree or trees not constituting a merchantable stand are removed from lands in actual use for other purposes; for example, removal of individual trees from lands used for farming or grazing.

1. Satisfactory reforestation of a clearcut harvest occurs if:

2. In the event that acceptable stocking is not achieved within the time limits specified, site preparation and supplemental planting or seeding may be required.

3. The Department may grant an extension of time for planting or seeding if suitable seedlings or seeds are not available, or if weather conditions or other circumstances beyond the forest landowner's control require delay in planting or seeding.

1. A seed source of well formed trees of commercial tree species capable of seed production is available.

2. The owner of the seed source agrees in writing not to harvest the seed source for the time period specified in the plan, or until issuance of a satisfactory reforestation inspection report.

3. For purposes of this paragraph, a "natural seedling" shall be defined as a thrifty, vigorous tree firmly rooted in mineral soil or decayed duff, that is at least six (6) inches in height measured to the highest point above the root collar. The Department shall issue a satisfactory reforestation inspection report when the stocking of natural seedlings meets the minimum acceptable stocking levels.

4. The seed source must consist of :

5. Competing vegetation shall be controlled to the extent necessary to allow survival and growth by approved commercial species.

1. The Department may approve the use of species which differ from the removed stand where the reforestation plan reveals that the proposed species is preferable from any of the following stand points.

(b) Acceptable Stocking. Stocking levels are acceptable if three hundred (300) well-distributed, vigorous seedlings per acre of commercial tree species have survived on the site at least two growing seasons. "Well-distributed" means that no significant plantable area contains fewer than the equivalent of three hundred trees per acre. Lesser number of trees per acre may be acceptable if the Department determines that the timber growing capacity of the site will be fully utilized.

(c) Except as approved by the Department, to qualify as acceptable reforestation:

1. The original Forest Practice application or notification number.

2. Species planted or seeded.

3. Age of stock planted and seed zone.

4. Description of actual area planted or seeded.

1. Within twelve (12) months after planting, the Department shall inspect the reforested lands; within thirty-six months of seeding, the Department shall inspect the reforestated lands; and within seven (7) years on the case of natural regeneration, the Department shall inspect the reforested lands.

2. If the inspection shows that acceptable stocking levels have not been achieved, the Department shall direct the forest owner to perform supplemental regeneration in accordance with the Department's reforestation standards.

3. Evidence of compliance: If the Department determines on inspection that acceptable reforestation has been achieved, on the request of the forest landowner the Department shall confirm in writing that no further reforestation obligations remain. If no supplemental planting directive has been issued within thirty (30) days after the deadline for the inspection, reforestation shall be deemed satisfactory unless the Department has informed the land owners prior to the deadline that further inspections by the Department on the area are needed.

4. Where a natural regeneration plan has been approved by the Department, the Department may allow up to ten (10) years to achieve acceptable stocking levels.

1. When, because of soil moisture conditions or the type of soils, or slope conditions, undue compaction or erosion would result, or

2. In any water, except as approved by the Department.

3. In Streamside Management Zone except as permitted by the Department.

1. After consultation with any party having a permit or registered right to appropriate waters from the affected stream used for domestic water supplies.

2. After submission of a stream, channel alignment plan to the Department and their approval of such plan.

3. Where no significant adverse affects on either the peak or minimum water levels or flows downstream can be expected.

4. In a manner not expected to result in long-term damage to Reservation resources or to adjacent or downstream property.

1. They have the likelihood of development with a ten (10) year period, and

2. The development is for urban use, and

3. The development contemplated would be consistent with any applicable land use plans or ordinances.

1. Lands owned in fee by a public agency which has budgeted for construction within ten (10) years a specific project inconsistent with commercial timber production.

2. Lands being acquired by public agency for construction of a project, within ten (10) years, that is inconsistent with timber, production, if at the time of completion of harvest, the public agency has entered into a binding contract for the purchase of the lands or initiated legal proceedings for the condemnation of the lands.

1. Bald Eagle nest sites are usually found in large trees near water. Any known nest site of the Bald Eagle shall be identified on the forest practice application. Road construction, timber harvest, aerial spraying and site preparation in the vicinity of identified Bald Eagle nests shall not be permitted within one-eighth (1/8) mile of any active nest.

2. Osprey nest sites are usually found along the shorelines of freshwater lakes or streams, but may be found well back in wooded areas. Known Osprey nests shall be identified on the forest practice application. Road construction, timber harvest, and spraying, and site preparation activities to be conducted within five (5) chains of nest areas may be limited during the period from March 1 to July 15.

3. The Department may establish reasonable constraints on the time and/or method of forest practice operations, when, in the opinion of the Department, such constraints are necessary to protect such species consistent with the federal Threatened, Endangered and Protected Species Act.

(a) The operator shall be required to hold Washington State Applicator certificate or have equivalent training in chemical handling approved by the Department.

(b) The operator shall be required to abide by Environmental Protection Agency Regulations pertaining to the handling and application of chemicals.

1. No significant leakage of chemicals into water or soil is permitted from any equipment used for their transportation, storage, mixing or application.

2. The Department may suspend further use of any equipment responsible for significant chemical leakage, until the deficiency has been corrected to the satisfaction of the Department.

1. Provide an air gap or reservoir between the water source and the mixing tank.

2. Use uncontaminated pumps, hoses and screens.

1. Mix chemicals and clean tanks and equipment only where any spills would not enter any water types.

2. Landing areas should be located where spillage of chemicals will not cause them to become a contaminate. If any chemical is spilled, immediate appropriate procedures should be taken to contain or neutralize it.

1. Leave at least 100 feet untreated on each side of Streamside Management Zones, all Type 1 through 4 Waters and other areas of open water, such as ponds or sloughs.

2. Where practical, apply the initial swath parallel to the untreated zones in (1) above of Type 1, 2,3, or 4 Waters and other areas of open water such as ponds or sloughs.

3. Use a bucket or spray device capable of immediate shutoff.

4. Shut off chemical application during turns and over open water.

5. Avoid direct entry of chemicals into any Type of 1,2,3, or 4 Waters.

6. In the event people, (other than authorized operator or Department crews) or livestock are observed in the aerial treatment zone, all spraying shall be stopped immediately, and not resumed until:

7. Because aerial application of chemicals is the least discriminate method available, hand application or ground application with power equipment should be evaluated and utilized in whole or in part to the extent feasible.

8. Aerial application shall not be conducted when wind conditions will cause drifting into the Streamside Management Zone and other open waters or where such drifting may damage Reservation resources, harm the health, safety or welfare of the Reservation population, or drift to lands other than those included within the Forest Practices application.

9. All access entry points on roads or developed trails shall be posted "No entry--Chemical Spraying Operation" and blocked during the period of aerial application of restricted use chemicals.

1. Leave untreated the Streamside Management Zone of every Type 1 and 2 Water and each flowing Type 3 Water.

2. Avoid direct entry of chemicals into any water.

3. Avoid exceeding intended or allowable dosages.

1. Apply only to specific targets, such as a stump, burrow, bait or trap.

2. Keep chemicals out of all water.

1. Printed on the Environmental Protection Agency container registration label, and/or

2. Established by the Federal Occupational Safety and Health Administration, as they relate to safety and health of operating personnel and the public.

1. Removed from the Reservation.

2. Removed and cleaned for reuse in a manner not inconsistent with any applicable regulations of the State Department of Agriculture or the State or local health departments, or

3. Buried in a landfill certified to receive such materials and in a manner approved by the Department.

(a) Fire Protection Equipment.

The following tools and equipment are required on all logging and construction operations on the Reservation during the "closed" fire season which is from May 1 to November 1, or as amended due to extreme fire danger:

(b) Definitions Concerning Fire Tools and Equipment.

(c) Fire Precautions Measures -- Precaution Classes.

Providing one person and equipment for fire prevention and security of property are permitted. It is the responsibility of the operator, subcontractor, and all other permitted users to obtain the alphabetical Fire Precautions Class daily. The alphabetical Fire Precautions Class may be obtained daily from the BIA Fire Control in the approximate time period of 7:30am to 8:00pm local time. The Department or the BIA Fire Control may authorize substitute measures to those listed in the Public Notice, or may waive any terms of the Public Notice by written notice if substitute measures will afford equal protection or if the terms are unnecessary.

1. The right of the operator or landowner to a hearing before the Department; and

2. The specific course of action ordered by the Department to be followed by the operator to correct such failure to comply and to prevent, correct and/or compensate for material damage to either a Reservation resource or the health, safety and welfare of the Reservation population which resulted from any violation, unauthorized deviation, or willful or negligent disregard for potential damage to a Reservation resource or the health, safety or welfare of the Reservation population; where the damage is resulting from the forest practice activities but has not resulted from any violation, unauthorized deviation, or negligence.