N.M. Admin. Code § 19.20.4.9

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.20.4.9 - FOREST HARVEST PRACTICES STANDARDS

A. APPLICABILITY: The forest harvest practices standards apply to harvests of commercial forest species, regardless of the acreage, except for activities listed in Subsection B of 19.20.4.8 NMAC that do not specifically require compliance with 19.20.4.9 NMAC.

B. MULTIPLE CUTTING UNITS: Unless the division provides written approval, the owner, permittee or responsible person or entity shall not commence harvesting under a multiple cutting unit harvest permit in a third cutting unit unless they have completed forest harvest practices standards, except for burning of slash piles, on at least one of the previous two active units.

C. MARKING:

(1) The division may require the permittee to mark the cutting unit boundary with flagging or tree marking paint if needed to meet the forest harvest practice plan's requirements.

(2) The division may require the permittee to mark leave trees or the trees to be cut with tree marking paint if needed to meet the land management goals and objectives in the forest harvest practice plan, particularly if the harvest method is group or single tree selection.

D. EROSION MANAGEMENT:

(1) The owner, permittee or responsible person or entity shall implement erosion control measures to minimize channelized flow erosion such as rill and gully erosion.

(2) Erosion Control Measures:

(a) Time Limit: The owner, permittee or responsible person or entity shall install erosion control measures as soon as practical but no later than 30 calendar days after the cessation of major harvest activities within the cutting unit.

(b) Placement: The owner, permittee or responsible person or entity shall place water bars or other erosion control measures on closed roads and skid trails with mineral soil exposed by harvest activities. The owner, permittee or responsible person or entity shall place water bars at the locations or intervals and at the height and width necessary to minimize erosion considering grade, sidehill drainage, soil texture and structure, vegetation and other pertinent factors.

PERCENT GRADE MINIMUM INTERVALS FOR WATER BARS

PERCENT GRADE MINIMUM INTERVAL

0.0 -- 4.9 150 feet

5.0 -- 9.9 130 feet

10.0 -- 14.9 75 feet

15.0 -- 40.0 50 feet

The division may require additional water bars if the minimum intervals will not sufficiently minimize erosion. The division may require fewer water bars if a combination of soil properties, depth of duff layer or amount of slash or other cover will minimize erosion.

(3) Seeding:

(a) Time Limit: After cessation of major harvest activities within a cutting unit and at the time best calculated to produce maximum germination, but in no event later than 180 calendar days following the cessation of major harvest activities within a cutting unit, the owner, permittee or responsible person or entity shall seed closed roads, skid trails, landings and areas of mineral soil exposed by harvest activities within the cutting unit, unless the division has approved other erosion control measures. Appropriate site preparation shall take place prior to seeding. For example, soil preparation would be needed prior to seeding a hard packed road that is to be closed upon completion of harvesting.

(b) Seed Mix: The owner or permittee shall obtain the division's prior approval for the seed mix to be used. The seed mix shall be suitable for the land management goals and objectives specified in the forest harvest practice plan and shall not introduce noxious weeds. The owner or permittee shall provide proof of the purchase date, the seed mix viability and germination rate. The owner or permittee may use the certification tag from the bag if it provides the required information.

E. SKID TRAILS AND LANDINGS:

(1) Skid Trails:

(a) The owner, permittee or responsible person or entity shall not locate skid trails on excessive slopes unless the owner or permittee shows that it is technically or economically infeasible to remove the felled trees by other means.

(b) Skidding shall not destroy a stream channel or bank or reduce the stream channel's capacity to carry water.

(c) Skidding is not allowed within watercourses. Skidding shall not take place across perennial watercourses unless the owner or permittee shows that it is technically and economically infeasible to remove felled trees by other means. If the division approves skidding across a perennial watercourse, the owner, permittee or responsible person or entity shall limit skidding to designated crossings. Crossings shall be at a right angle to the main channel and the approach to the crossing shall be at a minimal grade. The owner, permittee or responsible person or entity shall divert drainage at a distance from the stream that provides filtering of sediment.

(d) The owner, permittee or responsible person or entity should plan skid trails in advance to minimize damage to the residual stand, soil compaction and erosion.

(e) The owner, permittee or responsible person or entity should flag skid trails so skidder operators can easily follow them.

(f) The owner, permittee or responsible person or entity should keep skid trails as narrow as possible.

(2) Landings: The owner, permittee or responsible person or entity:

(a) shall provide adequate drainage for the landing and ensure that runoff does not discharge directly into a watercourse; and

(b) should plan landings in advance.

F. ROADS:

(1) The owner, permittee or responsible person or entity shall:

(a) design, construct and maintain roads used or constructed for a harvest of commercial forest species to minimize erosion and impact on soils and vegetation in areas adjacent to the road;

(b) construct and maintain roads to drain properly and not cause gully erosion; the division may require the owner, permittee or responsible person or entity to take action if rill erosion is frequent and the depth exceeds three inches;

(c) outslope or ditch roads on the uphill side and provide appropriate surface drainage by using adequate cross drains, ditches, drivable dips, culverts, water bars, diversion ditches or other structures demonstrated to be equally effective;

(d) construct and maintain roads so the stream channel or bank is not destroyed and the stream channel's capacity to carry water is not diminished; and

(e) design road widths excluding any portion not intended for travel to sufficiently carry the anticipated traffic load with reasonable safety, but not to exceed 24 feet.

(2) Road location, design and construction shall address:

(a) building the fewest roads necessary for the harvest;

(b) locating the road to fit the topography to minimize alteration of natural features;

(c) avoiding road construction along or within narrow canyons;

(d) building roads on locations away from streams such as benches, ridge tops and the tops of slopes unless there is no feasible alternative;

(e) the stability of slopes where roads are cut;

(f) avoiding slopes of 60 percent or greater; and

(g) keeping the road grade to a minimum, usually less than 10 percent.

(3) Road construction: The owner, permittee or responsible person or entity shall:

(a) not use organic debris as a fill material;

(b) prior to construction, remove and utilize or treat as slash trees or portions of trees within the road corridor;

(c) not windrow trees or portions of trees within the road corridor, unless used as filter strip and are less than three feet in height;

(d) remove debris in stream channels that is added during construction (natural materials may be used as part of a sediment control structure);

(e) deposit organic debris and surplus soil and rock where runoff will not be carried into a lake or watercourse;

(f) size culverts, if used, to handle a minimum 25-year flood event; in determining the appropriate size consider debris potential and the potential for increased runoff from a reduction in vegetation resulting from the harvest; and install them to prevent blockage and erosion of fill materials at the outlet;

(g) install bridges where drainage structures cannot carry the water flow; and

(h) divert road drainage at a distance from the stream that provides filtering of sediment such as through the use of cross drains.

(4) The owner, permittee or responsible person or entity shall close roads intended for closure when the cutting unit closes unless needed for other cutting units. Upon closure, the owner, permittee or responsible person or entity shall treat the road to control erosion and remove stream-crossing structures.

G. REQUIREMENTS FOR STREAMSIDE MANAGEMENT AREAS:

(1) Streamside management areas shall include the area within 50 feet of the ordinary high water mark of a lake or wetland or within 50 feet of both high water marks for a perennial or intermittent watercourse. When a preexisting road is within 50 feet of the ordinary high water mark the streamside management area ends at the road's edge nearest to the watercourse. The owner, permittee or responsible person or entity shall minimize disturbance in the streamside management area.

(2) The owner, permittee or responsible person or entity shall not harvest within 50 feet of the ordinary high water mark of a lake or watercourse or within 50 feet of both high water marks of a perennial or intermittent watercourse, unless the division has approved an alternate practice pursuant to 19.20.4.10 NMAC for activities such as riparian restoration or hazardous fuel reduction.

(3) Within streamside management areas, the owner, permittee or responsible person or entity:

(a) shall not locate landings;

(b) shall design and flag skid trails in advance to minimize disturbance;

(c) shall not construct new roads unless the permittee or owner shows that it is technically or economically infeasible to construct the road elsewhere or that the damage to the environment would be greater if the road was constructed elsewhere; if the division approves construction of a new road within a streamside management area, in addition to other requirements in Subsection F of 19.20.4.9 NMAC, the owner, permittee or responsible person or entity shall limit stream crossings to those that are essential with crossings at a right angle to the main channel and the approach to the crossing at a minimal grade; and

(d) should use directional felling.

H. TREE UTILIZATION:

(1) Unless contract or market conditions require different utilization standards that are included in the harvest permit, the owner, permittee or responsible person or entity shall utilize

(a) commercial forest species to a minimum six-inch top diameter (inside bark) except that harvesting for other than lumber production shall utilize trees to a minimum four-inch top diameter (outside bark); and

(b) the tree's main stem as stated above in Paragraph (1) of Subsection H of 19.2.4.9 NMAC when the net scale of the severed log or section of the main stem is more than 50 percent of the total gross volume using the Scribner Decimal C log scale table.

(2) Long Butting: Long butting is prohibited except when resulting from removal of defects up to the limit of Paragraph (1) of Subsection H of 19.20.4.9 NMAC.

(3) Stump Height: Stump height shall be half the diameter of the tree where severed or 12 inches, whichever is less, on the uphill side except when immovable objects such as rocks or other trees prevent operation of felling equipment. The owner, permittee or responsible person or entity shall ensure that stumps less than eight inches in diameter shall have a flat, horizontal top surface.

I. SLASH:

(1) The owner, permittee or responsible person or entity shall treat slash and damaged trees in a cutting unit, unless piled, to stand no higher than three feet above ground level, unless chipped or within one quarter of a mile of a structure. Chipped slash shall not exceed two inches in depth. The owner, permittee or responsible person or entity shall treat slash within one quarter of a mile of a structure to stand no higher than two feet above ground level.

(2) The owner, permittee or responsible person or entity shall:

(a) construct slash piles for safe and efficient burning; to be free of mineral soil and to cause no more than minimal soil sterilization; and

(b) locate slash piles to avoid damage to the residual stand.

(3) The owner, permittee or responsible person or entity shall treat slash, unless piled, no later than 30 calendar days from the movement of harvest operations out of the subject cutting unit into another cutting unit under a multiple cutting unit permit, or no later than 30 calendar days following the cessation of major harvest activities within the cutting unit, whichever occurs first. In any event, the time shall not exceed 365 calendar days from the start of harvesting within the cutting unit. The owner, permittee or responsible person or entity may allow piled slash to cure, but shall burn it no later than the end of the next winter burning season following the cessation of major harvest activities within that cutting unit. If weather conditions prevent piled slash from being burned by the end of the next winter burning season, the owner or permittee may request an extension of time.

(4) For the purpose of creating a fuel break along public roads, the owner, permittee or responsible person or entity shall eliminate slash greater than two feet in length or larger than one inch in diameter at the large end and within 50 feet of either side of the center line of a public road by chipping, burning, removal or equivalent means within 365 calendar days of cessation of major harvest activities within the cutting unit.

(5) Unless incorporated into a sediment control structure, slash is not allowed within the ordinary high water mark of an intermittent or perennial watercourse, lake or wetland.

J. COARSE WOODY DEBRIS RETENTION AND RECRUITMENT: Where available, the owner, permittee or responsible person or entity shall retain one to five scattered down logs per acre in a variety of stages of decomposition, with preference for down logs that have a diameter at breast height of 15 inches or greater and a length of 15 feet or greater. If scattered down logs are not available but unmerchantable trees have been harvested, the owner, permittee or responsible person or entity may scatter one to five unmerchantable trees per acre, with preference for logs that have a diameter at breast height of 15 inches or greater and a length of 15 feet or greater.

K. LOG DECKS: The owner, permittee or responsible person or entity shall remove log decks no later than 365 calendar days from the start of harvesting within the cutting unit.

L. CABLE YARDING: The following requirements apply to cable yarding:

(1) The yarding system shall have lateral yarding capabilities, using a carriage that can maintain a fixed position on the skyline during lateral pulls and shall keep one end of the log suspended above the ground during in-haul.

(2) The owner, permittee or responsible person or entity shall use uphill yarding unless the yarder cannot be located on a ridge top, bench or on top of a slope. If the owner, permittee or responsible person or entity must use downhill yarding, they shall suspend the leading end of the log above the ground.

(3) The applicant shall include corridor design in the harvest permit application and the owner, permittee or responsible person or entity shall mark actual corridors on the ground prior to clearing and felling. Cable corridors shall not be closer than an average of 75 feet, center to center, at a point one-half way to the end of the corridor where radial corridors are required; and an average of 140 feet where parallel corridors are used. No more than four cable corridors shall radiate from a single yarder position.

(4) The owner, permittee or responsible person or entity shall initially cut cable corridors to a maximum 12-foot width, prior to felling in the cutting unit, to allow passage of the carriage and turn of logs. Corridors shall not exceed 20 feet in width after yarding is completed and the owner, permittee or responsible person or entity has removed the rub trees.

(5) The owner, permittee or responsible person or entity shall fell harvested trees except corridor trees along the contour or diagonally to the slope to facilitate yarding and reduce damage to the residual trees.

(6) When topography and ground conditions permit, the owner, permittee or responsible person or entity shall pull logs endwise from where they are felled. Lateral yarding distance shall be limited to no more than 75 feet.

M. DAMAGE: The owner, permittee or responsible person or entity shall remove trees damaged by harvest activities or treat them as slash. If the damaged trees were intended to be leave trees then the harvest is not in compliance with the harvest permit. If a leave tree is damaged the division may require that the owner, permittee or responsible person or entity leave additional trees as leave trees or require other means of regeneration.

N. TRASH AND LITTER: The owner, permittee or responsible person or entity shall remove all human-made trash and litter resulting from harvest and transportation activities from the harvest area and properly dispose of it.

O. SPILLS: The owner, permittee or responsible person or entity shall comply with 20.6.2.1203 NMAC with respect to discharge of oil or other water contaminant, in such quantity as may with reasonable probability injure or be detrimental to human health, animal or plant life or property, or unreasonably interfere with the public welfare or property use. The owner, permittee or responsible person or entity shall not service trucks, graders, dozers, felling equipment or other equipment where spills may contaminate soils, wetlands, lakes or watercourses.

P. MARKING OF LOG BUTTS:

(1) The owner, permittee or responsible person or entity shall mark one to five logs per load, if being transported in log form, or mark the load with a sign readable from 30 feet if the wood product is transported in another form such as chips, with the following information in the color of paint assigned to the district where the harvesting is occurring:

(a) if a harvest permit is required, with the two letter designator assigned by the district and the sequential load number (i.e. JV 011); or

(b) if a harvest permit is not required, with the landowner's first and last initials or the initial's of the ranch or property name and the abbreviation of the county in which the harvest is occurring (i.e., if the landowner is Bill Smith and the harvest is occurring in San Miguel county the mark would be BS/SM).

(2) The following colors are assigned to the districts:

(a) Bernalillo - orange

(b) Capitan - red

(c) Chama - black

(d) Cimarron - blue

(e) Las Vegas - green

(f) Socorro - white.

Q. FIRE EQUIPMENT:

(1) The owner, permittee or responsible person or entity shall:

(a) have a long handled shovel; pulaski, McLeod or combi-tool; and a five-pound capacity ABC dry chemical fire extinguisher available at the harvest location when harvesting is occurring;

(b) ensure that each skidder, feller-buncher, delimber, dozer, log truck, etc. is equipped with a long handled shovel and a five-pound capacity ABC dry chemical fire extinguisher; and

(c) ensure each passenger vehicle, light truck or medium truck up to 40,000 GVW is equipped with a long handled shovel and a two and one half pound capacity ABC dry chemical fire extinguisher.

(2) The owner, permittee or responsible person or entity shall ensure that the tools and fire extinguishers are in good working condition.

N.M. Admin. Code § 19.20.4.9

19.20.4.9 NMAC - N, 1/1/2002; A, 6/29/2007