APPENDIX

3a
forest streams and rivers. NEDC contends that these
discharges are from “point sources” within the meaning
of the CWA and that they therefore require permits
under the National Pollutant Discharge Elimination
System (“NPDES”).
The district court concluded that the discharges
are exempted from the NPDES permitting process by
the Silvicultural Rule, 40 C.F.R. § 122.27, promulgated
under the CWA to regulate discharges associated
with silvicultural activity. The district court
did not reach the question whether the discharges
are exempted by amendments to the CWA made in
1987. We reach both questions and conclude that the
discharges require NPDES permits.
I. Background
NEDC contends that discharges from systems of
ditches, culverts, and channels that receive stormwater
runoff from two logging roads in the Tillamook
State Forest in Oregon are point source discharges
under the CWA. The roads are the Trask River Road,
which runs parallel to the South Fork Trask River,
and the Sam Downs Road, which runs parallel to the
Little South Fork of the Kilchis River. The roads are
owned by the Oregon Department of Forestry and
the Oregon Board of Forestry. They are primarily
used by the Timber Defendants to gain access to logging
sites and to haul timber out of the forest. The
Timber Defendants use the roads pursuant to timber
sales contracts with the State of Oregon. These contracts
designate specific routes for timber hauling
and require that the Timber Defendants maintain
the roads and their associated stormwater collection
systems.