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(1) Purpose of COHP.

(a) A COHP provides landowners an option to plan for and manage forested areas to promote the health and diversity of the forest and to allow for some future nonforestry development. A COHP is a plan voluntarily developed by the landowner and reviewed by the County. An approved COHP provides landowners the option to thin or patch cut forested areas to promote the health of the stand, allow road improvements to be made to serve the timber harvest and future uses, clear trees from anticipated development areas or to provide view corridors, while maintaining the option to obtain nonforestry-related permits. A properly implemented COHP maintains wildlife diversity by maintaining and improving a diverse mix of trees, understory and herbaceous ground cover. A COHP requires minimizing the disturbance of the forest duff layer and understory which will help minimize wind and water erosion while maintaining the natural infiltration rate of the area. By minimizing disturbed areas this may avoid the need for costly temporary erosion and sediment control and drainage permits as part of the COHP. These stormwater permits would be reviewed through future development permits, which may include stump removal, clearing and grading. Any harvest of trees shall be done in accordance with the approved plans. Currently, the approved plan will be submitted to the DNR as part of a Class II, Class III or Class IV special forest practice application and will be attached to and become part of the conditions of the permit approved by the DNR. A Type 1 or Type 2 COHP will require a Type I Permit from DCD.

(b) If the requirements of the COHP are continuously met by the landowner, the COHP maintains the landowner’s option to convert to nonforestry use (i.e., a use incompatible with growing trees); that is, it releases the landowner from the six-year moratorium on future development (see CCC 27.11.500(1)) without having to file a Class IV general FPA. (WAC 222-20-050(2)). Failure to meet the requirements of the COHP requires the imposition of the six-year moratorium, and conversions under such circumstances are illegal conversions; see CCC 27.11.600.

(2) SEPA Requirements for COHP. COHPs implemented through a Class II or III FPA by DNR are exempt from requiring a SEPA environmental checklist per RCW 43.21C.037, when development permits are not proposed within three years of the date of the timber harvest requiring an FPA from DNR.

If development permits are proposed within three years of the date of the timber harvest requiring an FPA from DNR, the County will issue a SEPA threshold determination as part of the processing of the COHP.

(3) Type 1 COHP Standards. All COHPs that meet the following minimum standards shall be subject to a Type 1 review:

(a) No more than 33 percent of the number of standing trees and trees 12 to 20 inches diameter at breast height (dbh) east of the Elwha River or trees 18 to 30 inches dbh west of the Elwha River may be harvested under a COHP. As an alternative, within a uniform timber stand 33 percent of the timbered area (patch cut) may be harvested. With the exception of required roads, all stumps and understory shall remain undisturbed. No brush raking is permitted.

(b) Unless DCD determines buffers are not needed to protect aesthetics of the area, to ensure compatibility with adjoining uses, or to address potential hazard trees within 150 feet of structures, a 50-foot-wide buffer shall be preserved along public and private roads, and property lines abutting nonresource lands. When required, no more than 33 percent of the total number of standing trees and trees 12 to 20 inches dbh east of the Elwha River or 18 to 30 inches dbh west of the Elwha River may be removed within the buffer.

(c) All roads in a COHP shall be designed to accommodate the potential for future development and subdivision of the property. Roads and skid trails shall minimize total road length. All roads in a COHP intended to serve future land divisions shall meet the design and construction standards specified in CCC 29.30.200. All roads which propose to cross a stream shall be required to obtain a hydraulic project approval (HPA) permit, as determined by the Washington Department of Fish and Wildlife, or a forest practice hydraulic project permit from the Washington State Department of Natural Resources prior to submittal of the COHP.

(d) A COHP shall minimize the number and size of clear-cut areas. With the exception of a patch cut, no individual clear-cut areas may exceed 20 percent of the total acreage, up to a maximum of two acres. The future removal of stumps, clearing of duff/understory, or grading or clearing will require compliance with the Clallam County Shoreline Master Plan, Critical Areas Code, Stormwater Management Code, and other Clallam County codes.

(e) The proposed timber harvest or road construction is not located within an area designated as geologically hazardous per CCC 27.12.410.

(f) With the exception of the proposed conversion area (i.e., building location), all trees over 100 years old or over 20 inches dbh east of the Elwha River or 30 inches dbh west of the Elwha River, and snags (excluding diseased trees) shall be retained where they do not pose a safety hazard.

(g) Trees remaining on the site after the harvest will represent all species and size classes existing on the site before harvest, unless it is determined by DCD with consultation from DNR and WDFW that the removal of all of a specific tree would promote the health of the forest stand. Examples of this include removing a species of trees with a disease (like Douglas fir with laminated root rot) or a stand of alder that has met its full potential tree height. If these areas are not intended to be utilized for nonforest uses they shall be reforested at 300 to 400 trees per acre meeting the requirements found in Chapter 222-34 WAC. Areas requiring reforestation should include a variety of tree species native to Clallam County, provide diverse forestlands/bio-diversity, and be appropriate to the on-site conditions/constraints.

(h) Trees remaining on the site will be of sufficient quality (good crown cover, straight trunks, deep root system, and healthy condition) to survive after the harvest is complete.

(i) All required buffers shall be flagged and approved prior to harvesting.

(j) No portion of the proposed harvest is classified as designated forest land or is located within a forest resource land use district.

(k) Removal of herbaceous species which interfere with growth of the desired trees shall require the submittal of a herbaceous/weed management plan to the Clallam County DCD or Noxious Weed Department for review and approval. This plan should include integrated pest management, and specify the methods to control herbaceous species such as flaming, digging, cutting and spot chemical applications, and chemicals to be used. The plan should also address the importance of preserving the native plants (that do not hinder tree growth) and removing noxious weeds and invasive nonnative plants such as Armenian (Himalayan) blackberries and ivy from the harvested areas. This plan should utilize methods that are effective, least toxic, and minimize the impacts to the environment. The requirements of this plan shall be in effect until areas are reforested or the subsequent use is established.

(4) Type 2 COHP Standards. Exceeding the standards stated in subsection (3) of this section shall be subject to a Type 2 forestry permit from DCD. A Type 2 COHP shall meet the standards of subsection (3) of this section to the greatest extent feasible, except that the following thresholds shall not be exceeded:

(a) No timber or road construction shall occur within geologically hazardous areas unless the applicant can demonstrate that the proposed activity will not adversely impact the geologically hazardous area. This may include submitting a geotechnical report meeting requirements of CCC 27.12.820 to DCD for review and approval.

(b) A maximum of 66 percent of the number of standing trees and trees 12 to 20 inches in diameter at breast height (dbh) east of the Elwha River or 18 to 30 inches dbh west of the Elwha River may be harvested under a COHP. As an alternative, within a uniform timber stand 66 percent of the timbered area (patch cut) may be harvested. Another option is to retain a minimum of 100 well-distributed trees per acre, which represent the largest size and class trees shall be retained on site. DCD would allow the COHP harvest that retains more large trees, provides diverse forestlands/biodiversity, and are appropriate to the on-site conditions/constraints of the site.

(c) With the exception of a patch cut, a maximum of 50 percent of the total acreage may be clear-cut. The future removal of stumps, clearing of duff/understory, or grading or clearing will require compliance with the Clallam County Shoreline Master Plan, Critical Areas Code, Stormwater Management Code, and other Clallam County codes.

(d) DCD may require a forest management plan for the Clallam County Assessor’s designated forest land taxing classification, a forester to mark the clear-cut, buffers and leaf trees, or a small forest landowners plan from DNR to ensure compliance with the Type 2 COHP standards.

(e) Timber harvests exceeding these thresholds will require a Class IV general FPA from DNR and will be subject to provisions of CCC 27.11.400.

(5) Implementation of COHP. Typically, DNR reviews and takes action on all FPAs that have approved COHPs attached within 30 days from the date of a complete application. Failure of the DNR to take action within 30 days results in the COHP plan being approved as submitted. All COHP harvest activities shall be completed within three years from the date the COHP forest practice permit is issued by the DNR.

(a) Failure to Comply with the Terms of a COHP.

(i) An approved COHP may not be altered or revoked by the permittee without written agreement by the Administrator, or by the County without agreement by the permittee, and in either case must be approved by the DNR.

(ii) If a landowner fails to comply with the requirements of the conversion option harvest plan, the County shall impose the six-year moratorium of CCC 27.11.500(1) from the date the application for the permit was given final approval by the DNR. (RCW 76.09.060(3)(b)(i)(F).)

(iii) If a landowner fails to comply with the requirements of the conversion option harvest plan, any conversion that occurs constitutes an illegal conversion that is subject to the enforcement provisions of CCC 27.11.600(1)(b) and (c).

(b) Improvements Subject to this Code. If any off-site or on-site improvements are subject to development standards or permit requirements of this code, such requirements shall be met before a COHP approval is granted by the County.