WAC 222-22-070
Prescriptions and management strategies. *(1) For each WAU for which a watershed analysis is
undertaken, the department, or forest land owner acting under
WAC 222-22-040(3), shall assemble a team of field managers
qualified under WAC 222-22-030(1). The team shall include
persons qualified in the disciplines indicated as necessary in
watershed analysis methods, and shall generally include a
person or persons qualified in the following:
(a) Forest resource management;
(b) Forest harvest and road systems engineering;
(c) Forest hydrology;
(d) Fisheries science or management;
(e) Cultural anthropology and/or archaeology, depending
on the cultural resources identified in the assessment.
Any owner, and any cooperating group of owners, of ten
percent or more of the nonfederal forest land acreage in the
WAU and any affected Indian tribe shall be entitled to include
one qualified individual to participate on the team at its own
expense. The cultural resources module must include the
participation of the affected Indian tribe(s). See board
manual section 11, J. Cultural Resources Module, Introduction,
1) Using this methodology in formal watershed analysis.
*(2) Each forest land owner in a WAU shall have the right
to submit to the department or the forest land owner
conducting the watershed analysis prescriptions for areas of
resource sensitivity on its land. If these prescriptions are
received within the time period described in subsection (4) of
this section, they shall be considered for inclusion in the
watershed analysis.
*(3) For each identified area of resource sensitivity,
the field managers team shall, in consultation with the level
1 and level 2 teams, if any, select and recommend to the
department prescriptions. These prescriptions shall be
reasonably designed to minimize, or to prevent or avoid, as
set forth in table 1 in WAC 222-22-050 (2)(c)(iv), the
likelihood of adverse change and deliverability that has the
potential to cause a material, adverse effect to resource
characteristics in accordance with the following:
(a) The prescriptions shall be designed to provide forest
land owners and operators with as much flexibility as is
reasonably possible while addressing the area of resource
sensitivity. The prescriptions should, where appropriate,
include, but not be limited to, plans for road abandonment,
orphaned roads, and road maintenance and plans for applying
prescriptions to recognized land features identified in the
WAU as areas of resource sensitivity but not fully mapped;
(b) Restoration opportunities may be included as
voluntary prescriptions where appropriate;
(c) Each set of prescriptions shall provide for an option
for an alternate plan under WAC 222-12-040, which the
applicant shows meets or exceeds the protection provided by
the other prescriptions approved for a given area of resource
sensitivity;
(d) The rules of forest practices and cumulative effects
under this chapter shall not require mitigation for activities
or events not regulated under chapter 76.09 RCW. Any
hazardous condition subject to forest practices identified in
a watershed analysis requiring corrective action shall be
referred to the department for consideration under RCW 76.09.300 et seq.; and
(e) The forests and fish riparian permanent rules, when
effective, supersede all existing watershed analysis riparian
prescriptions with the exception of riparian management zones
for exempt 20-acre parcels, when watershed analysis
prescriptions were in effect before January 1, 1999. (See WAC 222-30-021, 222-30-022, and 222-30-023.) No new riparian
prescriptions will be written after completion of the riparian
management zone assessment report during a watershed analysis.
*(4) For each identified cultural resource area of
resource sensitivity, the field managers team shall develop
cultural resources management strategies in consultation with
the assessment team and affected tribe(s).
(a) If a management strategy involves a site registered
on the department of archaeology and historic preservation's
archaeological and historic sites data base, data recovery at
an archaeological site, or any resource that requires
mandatory protection under chapters 27.44 and 27.53 RCW, the
field managers team shall submit the management strategy to
the department of archaeology and historic preservation for
agreement.
(b) The management strategies should be reasonably
designed to protect or allow the recovery of resources by
measures that minimize or prevent or avoid risks identified in
the assessment.
(c) Management strategies resulting from conducting a
cultural resources module are voluntary, not mandatory
prescriptions, whether the module is conducted as part of a
watershed analysis or as a stand-alone method separate from
watershed analysis. However, the mandatory protections of
resources under chapters 27.44 and 27.53 RCW still apply.
(5) The field managers team shall submit the recommended
prescriptions, monitoring recommendations and cultural
resources management strategies to the department within 30
days of the submission to the department of the level 2
assessment under WAC 222-22-060 or within 21 days of the
submission to the department of the level 1 assessment under
WAC 222-22-050.
[Statutory Authority: RCW 76.09.040. 05-12-119, §
222-22-070, filed 5/31/05, effective 7/1/05. Statutory
Authority: Chapter 34.05 RCW, RCW 76.09.040, [76.09.]050,[76.09.]370
, 76.13.120(9). 01-12-042, § 222-22-070, filed
5/30/01, effective 7/1/01. Statutory Authority: RCW 76.09.040, 76.09.170 and chapter 34.05 RCW. 94-01-134, §
222-22-070, filed 12/20/93, effective 1/1/94. Statutory
Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW. 92-15-011, § 222-22-070, filed 7/2/92, effective 8/2/92.]