From: kent tresidder

Sent: Mon Mar 21 12:53:41 2011

To: ToxicsRuleMaking

Cc: rep.waynekrieger@state.or.us; sen.joanneverger@state.or.us

Subject: Toxics Rulemaking

Importance: Normal

March 21, 2011

Andrea Matzke

Oregon DEQ

Water Quality Division

811 SW 6th Avenue

Portland, OR 97204

Re: Toxics Rulemaking Proposed Revisions: Division 41

Dear Ms. Matzke;

I am a family forest and ranching landowner in Coos County. We have been managing our forest and ranch land for 54 years now. I operate two timber businesses and one livestock business. I have developed a comprehensive forest management plan which has been reviewed and approved by American Tree Farm System. Included in this plan, of course, are provision for maintaining water quality. We have also cooperated with the Coquille Watershed Council in protecting the riverbank of the Coquille River. Like typical Oregonians, we are concerned about water quality.

I am very concerned about how the increased regulation of the proposed Human Health Toxic Pollutants rules could affect the flexibility and freedom I currently enjoy in managing our lands. I am opposed to any regulation and enforcement of forestry practices which does not come directly and exclusively from the Oregon Department of Forestry (DOF). No other agency knows forest lands, forest hydrology, and the interrelationship of all forest land resources better than the DOF. Furthermore, the DOF understands the concerns of forestland owners better than any other agency. The Oregon Forest Practices Act has been developed over decades and has a nationally recognized reputation for effective and practical oversight of forestland management and operations. Landowners and Department of Forestry administrators alike have developed a trusting rapport with the Oregon Forest Practices Rules. Your proposed rules will disrupt that trust which has been developed over years. It is very important to me, as a small business owner, that any water quality regulation of forestry operations remain under the direction and enforcement of DOF, through practical best management practices (BMP’s) which are based on sound, peer reviewed, science. Your proposed rules introduce additional risk into the operation of my businesses which are already fraught with significant risks. I am opposed the expansion of DEQ authority by establishing, assigning, and enforcing Total Maximum Daily Load (TMDL) allocations on forest landowners.

DEQ’s proposed rules are inconsistent with ORS 527.770. The proposed rules appear to be an act of administrative piracy by CEQ and DEQ of the Department of Forestry authority over forest landowners. The type of legal and administrative changes you propose are the responsibility of the Oregon Legislature, not some State agency or department.

I support formal comments and suggested rule language changes submitted by the Oregon Small Woodlands Association (OSWA), of which I am a Coos/Curry Chapter Board member. OSWA is seeking a positive balance between the need to maintain high water quality standards and keeping family forestlands, such as ours, economically viable so that we can both keep our properties and contribute a variety of resources, products and services to the state.

And, finally, I have real concerns about the costs of implementing your proposed rule making to the taxpayers and forestland owners of Oregon. It is obvious that you have already invested significant costs in just preparing the draft rules. In terms of priority, I would rank the implementation of the subject proposed rules very low in the overall budget of the State of Oregon. Your Statement of Need and Fiscal and Economic Impact states that there could be increased costs for private landowners to comply with the rules. This document also includes statements that both DOF and the Oregon Department of Agriculture could incur additional costs under some circumstances. I am opposed to any new rules which have the potential to increase costs to both small and large businesses and to Oregon tax payers (state agencies).

I appreciate the opportunity to comment.

Kent Tresidder

92206 Hwy. 42 S.

Coquille, OR 97423

541/396-5386

CC:

Rep. Wayne Krieger rep.waynekrieger@state.or.us

Senator Joanne Verger sen.joanneverger@state.or.us