Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-16 - Definitions › Section 222-16-010 - *General definitions

Current through Register Vol. 24-14, July 15, 2024
Unless otherwise required by context, as used in these
				rules:
"Act"
means the Forest Practices Act, chapter
				76.09 RCW.
"Affected Indian tribe"
means any federally
				recognized Indian tribe that requests in writing from the department
				information on forest practices applications and notification filed on
				specified areas.
"Alluvial fan"
see "sensitive sites"
				definition.
"Appeals board"
means the pollution control
				hearings board established in
				RCW
				   43.21B.010.
"Aquatic resources"
means water quality, fish, the
				Columbia torrent salamander (
Rhyacotriton kezeri
), the Cascade
				torrent salamander (
Rhyacotriton cascadae
), the Olympic
				torrent salamander (
Rhyacotriton olympian
), the Dunn's
				salamander (
Plethodon dunni
), the Van Dyke's salamander
				(
Plethodon vandyke
), the tailed frog (
Ascaphus
				truei
) and their respective habitats.
"Area of resource sensitivity"
means areas
				identified in accordance with WAC
				222-22-050(2)(d),
				222-22-060(2),
				or 222-22-090.
"Bankfull depth"
means the average vertical
				distance between the channel bed and the estimated water surface elevation
				required to completely fill the channel to a point above which water would
				enter the flood plain or intersect a terrace or hillslope. In cases where
				multiple channels exist, the bankfull depth is the average depth of all
				channels along the cross-section. (See board manual section 2.)
"Bankfull width"
means:
(a) For streams - The measurement of the
			 lateral extent of the water surface elevation perpendicular to the channel at
			 bankfull depth. In cases where multiple channels exist, bankfull width is the
			 sum of the individual channel widths along the cross-section (see board manual
			 section 2).
(b) For lakes, ponds,
			 and impoundments - Line of mean high water.
(c) For tidal water - Line of mean high
			 tide.
(d) For periodically
			 inundated areas of associated wetlands - Line of periodic inundation, which
			 will be found by examining the edge of inundation to ascertain 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.
"Basal area"
means the area in square feet of the
				cross section of a tree bole measured at four and one-half feet above the
				ground.
"Bedrock hollows"
(colluvium-filled bedrock
				hollows, or hollows; also referred to as zero-order basins, swales, or bedrock
				depressions) means landforms that are commonly spoon-shaped areas of convergent
				topography within unchanneled valleys on hillslopes. (See board manual section
				16 for identification criteria.)
"Board"
means the forest practices board
				established by the act.
"Bog"
means wetlands which have the following
				characteristics: Hydric organic soils (peat and/or muck) typically 16 inches or
				more in depth (except over bedrock or hardpan); and vegetation such as sphagnum
				moss, Labrador tea, bog laurel, bog rosemary, sundews, and sedges; bogs may
				have an overstory of spruce, western hemlock, lodgepole pine, western red
				cedar, western white pine, Oregon crabapple, or quaking aspen, and may be
				associated with open water. This includes nutrient-poor fens. (See board manual
				section 8.)
"Borrow pit"
means an excavation site outside the
				limits of construction to provide material necessary to that construction, such
				as fill material for the embankments.
"Bull trout habitat overlay"
means those portions
				of Eastern Washington streams containing bull trout habitat as identified on
				the department of fish and wildlife's bull trout map. Prior to the development
				of a bull trout field protocol and the habitat-based predictive model, the
				"bull trout habitat overlay" map may be modified to allow for locally based
				corrections using current data, field knowledge, and best professional
				judgment. A landowner may meet with the departments of natural resources, fish
				and wildlife and, in consultation with affected tribes and federal biologists,
				determine whether certain stream reaches have habitat conditions that are
				unsuitable for supporting bull trout. If such a determination is mutually
				agreed upon, documentation submitted to the department will result in the
				applicable stream reaches no longer being included within the definition of
				bull trout habitat overlay. Conversely, if suitable bull trout habitat is
				discovered outside the current mapped range, those waters will be included
				within the definition of "bull trout habitat overlay" by a similar
				process.
Bull Trout Overlay Map
Click
				to view image
"Channel migration zone (CMZ)"
means the area
				where the active channel of a stream is prone to move and this results in a
				potential near-term loss of riparian function and associated habitat adjacent
				to the stream, except as modified by a permanent levee or dike. For this
				purpose, near-term means the time scale required to grow a mature forest. (See
				board manual section 2 for descriptions and illustrations of CMZs and
				delineation guidelines.)
"Chemicals"
means substances applied to forest
				lands or timber including pesticides, fertilizers, and other forest
				chemicals.
"Clearcut"
means a harvest method in which the
				entire stand of trees is removed in one timber harvesting operation. Except as
				provided in WAC
				222-30-110, an area remains
				clearcut until:
It meets the minimum stocking requirements under WAC
				222-34-010(2) or
				222-34-020(2);
				and
The largest trees qualifying for the minimum stocking levels
				have survived on the area for five growing seasons or, if not, they have
				reached an average height of four feet.
"Columbia River Gorge National Scenic Area or
				CRGNSA"
means the area established pursuant to the Columbia River Gorge
				National Scenic Area Act, 16
				U.S.C. §
									544b(a).
"CRGNSA special management area"
means the areas
				designated in the Columbia River Gorge National Scenic Area Act,
				16 U.S.C. §
									544b(b) or revised pursuant
				to 16 U.S.C. §
									544b(c). For purposes of
				this rule, the special management area shall not include any parcels excluded
				by 16 U.S.C. §
									544f(o).
"CRGNSA special management area guidelines"
means
				the guidelines and land use designations for forest practices developed
				pursuant to 16 U.S.C. §
									544f contained in the CRGNSA management plan
				developed pursuant to  15
				U.S.C. § 544d.
"Commercial tree species"
means any species which
				is capable of producing a merchantable stand of timber on the particular site,
				or which is being grown as part of a Christmas tree or ornamental tree-growing
				operation.
"Completion of harvest"
means the latest
				of:
Completion of removal of timber from the portions of forest
				lands harvested in the smallest logical unit that will not be disturbed by
				continued logging or an approved slash disposal plan for adjacent areas;
				or
Scheduled completion of any slash disposal operations where the
				department and the applicant agree within six months of completion of yarding
				that slash disposal is necessary or desirable to facilitate reforestation and
				agree to a time schedule for such slash disposal; or
Scheduled completion of any site preparation or rehabilitation
				of adjoining lands approved at the time of approval of the application or
				receipt of a notification: Provided, That delay of reforestation under this
				paragraph is permitted only to the extent reforestation would prevent or
				unreasonably hinder such site preparation or rehabilitation of adjoining
				lands.
"Constructed wetlands"
means those wetlands
				voluntarily developed by the landowner. Constructed wetlands do not include
				wetlands created, restored, or enhanced as part of a mitigation procedure or
				wetlands inadvertently created as a result of current or past practices
				including, but not limited to: Road construction, landing construction,
				railroad construction, or surface mining.
"Contamination"
means introducing into the
				atmosphere, soil, or water, sufficient quantities of substances as may be
				injurious to public health, safety or welfare, or to domestic, commercial,
				industrial, agriculture or recreational uses, or to livestock, wildlife, fish
				or other aquatic life.
"Convergent headwalls"
(or headwalls) means
				teardrop-shaped land-forms, broad at the ridgetop and terminating where
				headwaters converge into a single channel; they are broadly concave both
				longitudinally and across the slope, but may contain sharp ridges separating
				the headwater channels. (See board manual section 16 for identification
				criteria.)
"Conversion activities"
means activities
				associated with conversions of forest land to land uses other than commercial
				timber operation. These activities may be occurring during or after timber
				harvest on forest land. They may include but are not limited to the
				following:
* Preparation for, or installation of, utilities on the forest
				practices activity site. The development or maintenance of existing rights of
				way providing utilities exclusively for other ownerships shall not be
				considered conversions of forest land (see WAC
				222-20-010(5)).
* Any of, or any combination of, the following activities in
				preparation for nonforestry use of the land: Grading, filling, or stump
				removal.
* Preparation for, or construction of, any structure requiring
				local government approval.
* Construction of, or improvement of, roads to a standard
				greater than needed to conduct forest practices activities.
* Clearing for, or expansion of, rock pits for nonforest
				practices uses or developing surface mines.
"Conversion option harvest plan"
means a voluntary
				plan developed by the landowner and approved by the local governmental entity
				indicating the limits of harvest areas, road locations, and open space.
"Conversion to a use other than commercial timber
				operation"
means a bona fide conversion to an active use which is
				incompatible with timber growing.
"Cooperative habitat enhancement agreement (CHEA)"
see WAC 222-16-105.
"Critical habitat (federal)"
means the habitat of
				any threatened or endangered species designated as critical habitat by the
				United States Secretary of the Interior or Commerce under Sections 3 (5)(A) and
				4 (a)(3) of the Federal Endangered Species Act.
"Critical habitat (state)"
means those habitats
				designated by the board in accordance with WAC
				222-16-080.
"Critical nesting season"
means for marbled
				murrelets - April 1 to August 31.
"Cultural resources"
means archaeological and
				historic sites and artifacts, and traditional religious, ceremonial and social
				uses and activities of affected Indian tribes.
"Cumulative effects"
means the changes to the
				environment caused by the interaction of natural ecosystem processes with the
				effects of two or more forest practices.
"Daily peak activity"
means for marbled murrelets
				- One hour before official sunrise to two hours after official sunrise and one
				hour before official sunset to one hour after official sunset.
"Date of receipt,"
as that term is defined in
				RCW
				   43.21B.001, means:
(a) Five business days after the date of
			 mailing; or
(b) The date of actual
			 receipt, when the actual receipt date can be proven by a preponderance of the
			 evidence. The recipient's sworn affidavit or declaration indicating the date of
			 receipt, which is unchallenged by the department, shall constitute sufficient
			 evidence of actual receipt. The date of actual receipt, however, may not exceed
			 45 days from the date of mailing.
"Debris"
means woody vegetative residue less than
				three cubic feet in size resulting from forest practices activities which would
				reasonably be expected to cause significant damage to a public resource.
"Deep-seated landslides"
means landslides in which
				most of the area of the slide plane or zone lies below the maximum rooting
				depth of forest trees, to depths of 10s to 100s of feet. (See board manual
				section 16 for identification criteria.)
"Demographic support"
means providing sufficient
				suitable spotted owl habitat within the SOSEA to maintain the viability of
				northern spotted owl sites identified as necessary to meet the SOSEA
				goals.
"Department"
means the department of natural
				resources.
"Desired future condition (DFC)"
is a reference
				point on a pathway and not an endpoint for stands. DFC means the stand
				conditions of a mature riparian forest at 140 years of age, the midpoint
				between 80 and 200 years. Where basal area is the only stand attribute used to
				describe 140-year old stands, these are referred to as the "Target Basal
				Area."
"Diameter at breast height (dbh)"
means the
				diameter of a tree at four and one-half feet above the ground measured from the
				uphill side.
"Dispersal habitat"
see WAC
				222-16-085(2).
"Dispersal support"
means providing sufficient
				dispersal habitat for the interchange of northern spotted owls within or across
				the SO-SEA, as necessary to meet SOSEA goals. Dispersal support is provided by
				a landscape consisting of stands of dispersal habitat interspersed with areas
				of higher quality habitat, such as suitable spotted owl habitat found within
				RMZs, WMZs or other required and voluntary leave areas.
"Drainage structure"
means a construction
				technique or feature that is built to relieve surface runoff and/or intercepted
				ground water from roadside ditches to prevent excessive buildup in water volume
				and velocity. A drainage structure is not intended to carry any typed water.
				Drainage structures include structures such as: Cross drains, relief culverts,
				ditch diversions, water bars, or other such structures demonstrated to be
				equally effective.
"Eastern Washington"
means the geographic area in
				Washington east of the crest of the Cascade Mountains from the international
				border to the top of Mt. Adams, then east of the ridge line dividing the White
				Salmon River drainage from the Lewis River drainage and east of the ridge line
				dividing the Little White Salmon River drainage from the Wind River drainage to
				the Washington-Oregon state line.
Eastern Washington Definition Map
Click
				to view image
"Eastern Washington timber habitat types"
means
				elevation ranges associated with tree species assigned for the purpose of
				riparian management according to the following:
Timber Habitat Types
Elevation Ranges
ponderosa pine
0 - 2500 feet
mixed conifer
2501 - 5000 feet
high elevation above
5000 feet
"Edge"
of any water means the outer edge of the
				water's bankfull width or, where applicable, the outer edge of the associated
				channel migration zone.
"End hauling"
means the removal and transportation
				of excavated material, pit or quarry overburden, or landing or road cut
				material from the excavation site to a deposit site not adjacent to the point
				of removal.
"Equipment limitation zone"
means a 30-foot wide
				zone measured horizontally from the outer edge of the bankfull width of a Type
				Np or Ns Water. It applies to all perennial and seasonal nonfish bearing
				streams.
"Erodible soils"
means those soils that, when
				exposed or displaced by a forest practices operation, would be readily moved by
				water.
"Even-aged harvest methods"
means the following
				harvest methods:
Clearcuts;
Seed tree harvests in which 20 or fewer trees per acre remain
				after harvest;
Shelterwood regeneration harvests in which 20 or fewer trees
				per acre remain after harvest;
Group or strip shelterwood harvests creating openings wider
				than two tree heights, based on dominant trees;
Shelterwood removal harvests which leave fewer than 150 trees
				per acre which are at least five years old or four feet in average
				height;
Partial cutting in which fewer than 50 trees per acre remain
				after harvest;
Overstory removal when more than 5,000 board feet per acre is
				removed and fewer than 50 trees per acre at least 10 feet in height remain
				after harvest; and
Other harvesting methods designed to manage for multiple age
				classes in which six or fewer trees per acre remain after harvest.
Except as provided above for shelterwood removal harvests and
				overstory removal, trees counted as remaining after harvest shall be at least
				10 inches in diameter at breast height and have at least the top one-third of
				the stem supporting green, live crowns. Except as provided in WAC
				222-30-110, an area remains
				harvested by even-aged methods until it meets the minimum stocking requirements
				under WAC
				222-34-010(2) or
				222-34-020(2) and the largest trees qualifying for the minimum stocking levels have survived
				on the area for five growing seasons or, if not, they have reached an average
				height of four feet.
"Fen"
means wetlands which have the following
				characteristics: Peat soils 16 inches or more in depth (except over bedrock);
				and vegetation such as certain sedges, hardstem bulrush and cattails; fens may
				have an overstory of spruce and may be associated with open water.
"Fertilizers"
means any substance or any
				combination or mixture of substances used principally as a source of plant food
				or soil amendment.
"Fill"
means the placement of earth material or
				aggregate for road or landing construction or other similar activities.
"Fish"
means for purposes of these rules, species
				of the vertebrate taxonomic groups of
Cephalospidomorphi
and
Osteichthyes
.
"Fish habitat"
means habitat, which is used by
				fish at any life stage at any time of the year including potential habitat
				likely to be used by fish, which could be recovered by restoration or
				management and includes off-channel habitat.
"Fish passage barrier"
means any artificial
				in-stream structure that impedes the free passage of fish.
"Fish protection standards"
means the standards
				met by fulfilling certain fish protection objectives when conducting forest
				practices hydraulic projects in Type S and F and associated Np Waters. The
				objectives, identified in WAC
				222-16-025, are met by following
				rules associated with forest practices hydraulic projects.
"Flood level - 100 year"
means a calculated flood
				event flow based on an engineering computation of flood magnitude that has a
				one percent chance of occurring in any given year. For purposes of field
				interpretation, landowners may use the following methods:
Flow information from gauging stations;
Field estimate of water level based on guidance for
				"Determining the 100-Year Flood Level" in the forest practices board manual
				section 2.
The 100-year flood level shall not include those lands that can
				reasonably be expected to be protected from flood waters by flood control
				devices maintained by or under license from the federal government, the state,
				or a political subdivision of the state.
"Forest biomass"
means material from trees and
				woody plants that are by-products of forest management, ecosystem restoration,
				or hazardous fuel reduction treatments on forest land. Although stumps are a
				by-product of these activities, only those removed for the purpose of road and
				landing construction, forest health treatments, or conversion activities may
				qualify as forest biomass.
"Forest land"
means all land which is capable of
				supporting a merchantable stand of timber and is not being actively used for a
				use which is incompatible with timber growing. Forest land does not include
				agricultural land that is or was enrolled in the conservation reserve
				enhancement program by contract if such agricultural land was historically used
				for agricultural purposes and the landowner intends to continue to use the land
				for agricultural purposes in the future. For small forest landowner road
				maintenance and abandonment planning only, the term "forest land" excludes the
				following:
(a) Residential home sites.
			 A residential home site may be up to five acres in size, and must have an
			 existing structure in use as a residence;
(b) Cropfields, orchards, vineyards,
			 pastures, feedlots, fish pens, and the land on which appurtenances necessary to
			 the production, preparation, or sale of crops, fruit, dairy products, fish, and
			 livestock exist.
"Forest landowner"
means 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.
				However, 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.
"Forest practice"
means any activity conducted on
				or directly pertaining to forest land and relating to growing, harvesting, or
				processing timber, or removing forest biomass, including but not limited
				to:
Activities in and over typed water;
Road and trail construction;
Harvesting, final and intermediate;
Precommercial thinning;
Reforestation;
Fertilization;
Prevention and suppression of diseases and insects;
Salvage of trees; and
Brush control.
"Forest practice" shall not include: Forest species seed
				orchard operations and intensive forest nursery operations; or 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,
				mistletoe, herbs, mushrooms, and other products which cannot normally be
				expected to result in damage to forest soils, timber or public
				resources.
"Forest practices hydraulic project"
means a
				forest practices activity that includes the construction or performance of work
				that will use, divert, obstruct, or change the natural flow or bed of any Type
				S, F, or N Water. Stand-alone proposals involving channel change and
				realignment, dredging in fresh water areas, and constructing outfall structures
				are not forest practices hydraulic projects and remain governed by chapters
				77.55 RCW and 220-110 WAC.
"Forest road"
means ways, lanes, roads, or
				driveways on forest land used since 1974 for forest practices. "Forest road"
				does not include skid trails, highways, or local government roads except where
				the local governmental entity is a forest landowner. For road maintenance and
				abandonment planning purposes only, "forest road" does not include forest roads
				used exclusively for residential access located on a small forest landowner's
				forest land.
"Forest trees"
does not include hardwood trees
				cultivated by agricultural methods in growing cycles shorter than 15 years if
				the trees were planted on land that was not in forest use immediately before
				the trees were planted and before the land was prepared for planting the trees.
				"Forest trees" includes Christmas trees but does not include Christmas trees
				that are cultivated by agricultural methods, as that term is defined in
				RCW
				   84.33.035.
"Full bench road"
means a road constructed on a
				side hill without using any of the material removed from the hillside as a part
				of the road. This construction technique is usually used on steep or unstable
				slopes.
"Green recruitment trees"
means those trees left
				after harvest for the purpose of becoming future wildlife reserve trees under
				WAC 222-30-020(12).
"Ground water recharge areas for glacial deep-seated
				slides"
means the area upgradient that can contribute water to the
				landslide, assuming that there is an impermeable perching layer in or under a
				deep-seated landslide in glacial deposits. (See board manual section 16 for
				identification criteria.)
"Headwater spring"
means a permanent spring at the
				head of a perennial channel. Where a headwater spring can be found, it will
				coincide with the uppermost extent of Type Np Water.
"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.
"Horizontal distance"
means the distance between
				two points measured at a zero percent slope.
"Hyporheic"
means an area adjacent to and below
				channels where interstitial water is exchanged with channel water and water
				movement is mainly in the downstream direction.
"Identified watershed processes"
means the
				following components of natural ecological processes that may in some instances
				be altered by forest practices in a watershed:
Mass wasting;
Surface and road erosion;
Seasonal flows including hydrologic peak and low flows and
				annual yields (volume and timing);
Large organic debris;
Shading; and
Stream bank and bed stability.
"Inner gorges"
means canyons created by a
				combination of the downcutting action of a stream and mass movement on the
				slope walls; they commonly show evidence of recent movement, such as obvious
				landslides, vertical tracks of disturbance vegetation, or areas that are
				concave in contour and/or profile. (See board manual section 16 for
				identification criteria.)
"Insecticide"
means any substance or mixture of
				substances intended to prevent, destroy, repel, or mitigate any insect, other
				arthropods or mollusk pests.
"Interdisciplinary team"
(ID Team) means a group
				of varying size comprised of individuals having specialized expertise,
				assembled by the department to respond to technical questions associated with a
				proposed forest practices activity.
"Islands"
means any island surrounded by salt
				water in Kitsap, Mason, Jefferson, Pierce, King, Snohomish, Skagit, Whatcom,
				Island, or San Juan counties.
"Large forest landowner"
is a forest landowner who
				is not a small forest landowner.
"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.
"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 the associated earth structure
				necessary for support.
"Local governmental entity"
means the governments
				of counties and the governments of cities and towns as defined in chapter 35.01
				RCW.
"Low impact harvest"
means use of any logging
				equipment, methods, or systems that minimize compaction or disturbance of soils
				and vegetation during the yarding process. The department shall determine such
				equipment, methods or systems in consultation with the department of
				ecology.
"Marbled murrelet detection area"
means an area of
				land associated with a visual or audible detection of a marbled murrelet, made
				by a qualified surveyor which is documented and recorded in the department of
				fish and wildlife database. The marbled murrelet detection area shall be
				comprised of the section of land in which the marbled murrelet detection was
				made and the eight sections of land immediately adjacent to that
				section.
Click
				to view image
"Marbled murrelet nesting platform"
means any
				horizontal tree structure such as a limb, an area where a limb branches, a
				horizontal surface created by multiple leaders, a deformity created by
				mistletoe infection or branch break, or a debris/moss platform or stick nest
				equal to or greater than seven inches in width including associated moss if
				present, that is 50 feet or more above the ground in western hemlock trees 24
				inches dbh and greater and in other conifer trees 32 inches dbh and greater and
				is capable of supporting nesting by marbled murrelets.
"Median home range circle"
means a circle, with a
				specified radius, centered on a spotted owl site center. The radius for the
				median home range circle in the Hoh-Clearwater/Coastal Link SOSEA is 2.7 miles;
				for all other SOSEAs the radius is 1.8 miles.
"Merchantable stand of timber"
means a stand of
				trees that will yield logs and/or fiber:
Suitable in size and quality for the production of lumber,
				plywood, pulp or other forest products;
Of sufficient value at least to cover all the costs of harvest
				and transportation to available markets.
"Multiyear permit"
means a permit to conduct
				forest practices which is effective for longer than three years but no longer
				than five years.
"Northern spotted owl site center"
means the
				location of status 1, 2 or 3 northern spotted owls based on the following
				definitions:
Status 1: Pair or reproductive - A male and female heard and/or
				observed in close proximity to each other on the same visit, a female detected
				on a nest, or one or both adults observed with young.
Status 2: Two birds, pair status unknown - The presence or
				response of two birds of opposite sex where pair status cannot be determined
				and where at least one member meets the resident territorial single
				requirements.
Status 3: Resident territorial single - The presence or
				response of a single owl within the same general area on three or more
				occasions within a breeding season with no response by an owl of the opposite
				sex after a complete survey; or three or more responses over several years
				(i.e., two responses in year one and one response in year two, for the same
				general area).
In determining the existence, location, and status of northern
				spotted owl site centers, the department shall consult with the department of
				fish and wildlife and use only those sites documented in substantial compliance
				with guidelines or protocols and quality control methods established by and
				available from the department of fish and wildlife.
"Notice of a conversion to a nonforestry use"
means a notice issued by the department pursuant to
				RCW
				   76.09.060(3)(b). A landowner
				who receives such notice is subject to the actions and requirements described
				in RCW
				   76.09.460 and
				76.09.470.
"Notice to comply"
means a notice issued by the
				department pursuant to
				RCW
				   76.09.090 of the act and may require
				initiation and/or completion of action necessary to prevent, correct and/or
				compensate for material damage to public resources which resulted from forest
				practices.
"Occupied marbled murrelet site"
means:
(1) A contiguous area of suitable marbled
			 murrelet habitat where at least one of the following marbled murrelet behaviors
			 or conditions occur:
(a) A nest is located;
			 or
(b) Downy chicks or eggs or egg
			 shells are found; or
(c) Marbled
			 murrelets are detected flying below, through, into or out of the forest canopy;
			 or
(d) Birds calling from a
			 stationary location within the area; or
(e) Birds circling above a timber stand
			 within one tree height of the top of the canopy; or