SECTION 35:45-1-9. Forestry best management practice program

(a)   ODAFF's Forestry Services' water quality program monitors the effects of forest practices on water quality, administers silvicultural best management practices and provides training and education of landowners, loggers and forest managers. Forestry's nonpoint source management program consists of a variety of activities designed to raise awareness of the need to use BMPs to prevent water quality problems in Oklahoma. Activities include maintenance of the State's forestry BMP guidelines, including evaluation of BMP effectiveness, and revision and development of BMPs; workshops for loggers, foresters and landowners on the use of BMPs; development of educational materials; a certification program for loggers who have completed training, in cooperation with the Oklahoma Forestry Association; exhibits, news releases, group presentations; BMP compliance monitoring; demonstrations of the proper use of forestry BMPs and low-cost erosion control techniques; complaint investigations; and support of water quality monitoring studies.

(b)   Compliance with antidegradation requirements and protection of beneficial uses.

(1)   Forestry's water quality programs are generally preventive in nature. Raising awareness, promoting BMPs and monitoring their use will help minimize water quality impacts from silviculture. As the forest industry continues to emphasize BMP compliance, through the Sustainable Forestry Initiative and other means, potential threats to water quality from forestry will further diminish. BMPs are continuously reviewed and evaluated to determine their adequacy for protection of beneficial uses.

(2)   The primary potential impacts of forestry activities on water quality involve sedimentation and turbidity from practices such as road construction and maintenance, timber harvesting, site preparation and other activities; and pollution from the use of chemicals or fertilizers and equipment maintenance. Beneficial uses that could be affected include:

(A)   fish and wildlife propagation, from turbidity or changes in water temperature;

(B)   primary and secondary body contact recreation, due to turbidity and suspended solids;

(C)   aesthetics, due to turbidity and suspended solids; and

(D)   impacts on public water supplies from pollutants associated with pesticide application and fertilization activities.

(3)   Forestry Services will use the State's list of water bodies that specifies whether beneficial uses are supported, threatened or not supported to guide follow up actions. In watersheds where beneficial uses are not supported, Forestry will intensify its program efforts in cooperation with industry and landowners to address ongoing problems related to forestry, and will also increase efforts to inform landowners about the benefits of using trees and forest vegetation to protect water quality, regardless of land use, and to manage for maintenance of healthy forested watersheds.

(c)   Application of USAP - Forestry Services discontinued its intensive in-stream water quality monitoring program in the early 1990s. In the future, when ODAFF Forestry Services commences water quality sampling and monitoring, the agency will use USAP.

(d)   Description of programs affecting water quality - The Forestry Services Division is responsible for administration of the state's silvicultural best management practice program. Forestry Services maintains, develops and revises the State's forestry BMP guidelines in cooperation with the industry, universities, private landowners and other agencies. Forestry Services provides copies of BMP materials to affected clients, and helps raise awareness about their importance, and provides technical assistance to landowners and users of the BMPs.

(e)   Technical information and procedures for implementation.

(1)   The elements of Forestry's water quality management program are directed toward raising awareness and modifying behavior in order to prevent water quality problems associated with forestry activities. Educational efforts, such as BMP training, landowner workshops, logger tailgate sessions, use of the media, development of publications and videos, exhibits and group presentations, are intended to raise the awareness of landowners, loggers, foresters, forest industry professionals, state personnel and others about best management practices to minimize the impact of forestry on water quality. Proper road practices and low-cost erosion control methods have been installed on demonstration sites and are used for training. Loggers completing BMP training may be certified by the Oklahoma Forestry Association as a Master Logger or Pro Logger. This information will be provided to private landowners seeking the services of a competent logger, thereby favoring the best contractors.

(2)   If a complaint investigation shows that silvicultural activities may be impacting water quality, Forestry Services will first provide information and assistance to the landowners and other parties involved to implement corrective measures. In the event that these measures are not undertaken, Forestry Services will request follow-up assistance from the industry, the Oklahoma Water Resources Board and Department of Environmental Quality as necessary to resolve the problem. If the landowners or other parties cannot be identified as causing pollution, Forestry will request assistance from the Oklahoma Water Resources Board and use an appropriate USAP to determine whether beneficial uses are impaired.

(3)   Forestry Services will follow the BMP Compliance Monitoring Protocol developed by the 13 southern states. State BMP guidelines are based upon research and practical experience, and use an iterative approach to evaluate their effectiveness, develop new BMPs and make refinements to existing BMPs. Forestry will use the Beneficial Use Monitoring Program information developed by other agencies in assessing impacts on beneficial uses caused by forestry activities. Where silvicultural impacts are shown, USAPs will be used to determine impacts on beneficial uses.

(f)   Integration of WQSIP into water quality management activities - Forestry Services will establish policies and procedures to integrate this Plan into agency programs and services. All field offices will be provided a copy of the Plan and guidance for its use in carrying out various program activities. Forestry BMP guidelines will be continually evaluated, modified and developed as necessary to improve their effectiveness and increase implementation.

(g)   Compliance with mandated statewide water quality requirements - Forestry Services will comply with other statewide water quality requirements by participating in the update of Oklahoma's Water Quality Standards, and in updates of the state's continuing planning process document, water quality management plan and other planning efforts. Forestry Services will continue to participate in the Nonpoint Source Working Group and will cooperate with the Conservation Commission and others involved in NPS pollution prevention programs. Forestry Services will participate in the TMDL process.

(h)   Public and interagency participation.

(1)   Forestry Services will interact with other environmental agencies through the Water Quality Standards Implementation Advisory Committee.

(2)   Public participation requirements of the Oklahoma Administrative Procedures Act are followed in promulgating rules that integrate water quality standards into this program area.

(i)   Evaluation of effectiveness of agency activities.

(1)   Forestry Services initiated its BMP compliance monitoring program in 2000 to document BMP implementation. Forestry Services randomly selects sites that have been harvested or prepared for planting during the past two years for an evaluation to determine the extent to which BMPs were used. This program will be repeated about every two years to track trends and compare results with other states. BMP compliance monitoring over a several year period will establish trends in the use of BMPs by industry and private landowners, and will help refine program emphases.

(2)   Forestry Services will make use of Beneficial Use Monitoring Program data compiled in cooperation with other state environmental agencies to modify its water quality program as necessary.

[Source: Added at 18 Ok Reg 3409, eff 6-28-01 (emergency); Added at 19 Ok Reg 951, eff 5-13-02; Amended at 25 Ok Reg 1820, eff 7-1-08]