Or. Admin. R. 629-021-0700 - Decision Authority
(1) The State
Forester is delegated full authority by the Board of Forestry to implement the
provisions of ORS 541.973 and
527.736(4),
including but not limited to review of management plans and preparation and
approval of stewardship agreements.
(2) Prior to approving a stewardship
agreement, the Departments will provide public notice and 21 days for comment
on the proposed agreement.
(3) When
the Departments determine that comments from the review process are adequately
addressed, the stewardship agreement will be approved.
(4) The Departments will give notice of
approval, termination, and revisions of a stewardship agreement to each other,
to the Oregon Department of Fish and Wildlife, and to the Oregon Watershed
Enhancement Board.
(5) If the
management plan includes potential chemical application operations related to
forest operations, the State Forester will give notice of approval of a
stewardship agreement to:
(a) Any person with
surface water rights pursuant to ORS Chapter 537 who, under the provisions of
527.670(6), has previously requested in writing from the State Forester copies
of notifications and written plans for chemical application operations within
ten upstream miles of the water right location; and
(b) The community water system manager of any
community water system where the surface water drainage area upstream of the
intake is 100 square miles or less and the management plan includes potential
aerial chemical application operations within 100 feet, or ground-based
chemical application operations within 50 feet, of the Type D or domestic use
portions of Type F streams that provide water used by the community water
system.
(6) The
Departments will notify persons who submitted timely comments of the approval
of a stewardship agreement. Any person who submitted timely comments and who is
adversely affected by the operations conducted under an approved or amended
stewardship agreement may file a written request for a hearing to the
appropriate Department.
(7) As
provided for in ORS 568.912 and
527.700(1) and
(2) a landowner may appeal an order denying
approval of a stewardship agreement.
Notes
Statutory/Other Authority: ORS 526.016(4) & 526.041(1)
Statutes/Other Implemented: ORS 541.973 & 527.736(4)
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