STILLWATER PILOT PROJECT REGULATION

B.C. Reg. 96/01, Deposited April 5, 2001
O.C. 0427/01, effective April 5, 2001
consolidated to August 5, 2003

PART 3 - FOREST STEWARDSHIP PLAN, CUTTING PERMIT, OPERATIONAL INFORMATION MAP AND SITE PLAN

Preparation of forest stewardship plan and amendments

14. (1) The licensee must prepare and submit to the district manager and the designated environment official a forest stewardship plan in accordance with this regulation.

(2) At any time during the term of a forest stewardship plan, the licensee may prepare and submit to the district manager and the designated environment official, an amendment to the forest stewardship plan in accordance with this regulation.

(3) At any time during the term of a forest stewardship plan, if the licensee knows, or reasonably ought to know, that performing the forest practices specified in the forest stewardship plan will not ensure that the strategies and measurable targets specified in the forest stewardship plan will be achieved, the licensee

(a) must submit to the district manager and the designated environment official an amendment to the forest stewardship plan in accordance with this regulation, and

(b) must not carry out, on any parts of the Stillwater area that would be materially affected by the proposed amendment, any forest practices under the forest stewardship plan, until the amendment has been approved or given effect under this regulation.

(4) At any time during the term of a forest stewardship plan the licensee must prepare and submit to the district manager and the designated environment official an amendment to the forest stewardship plan in accordance with this regulation if

(a) the licensee becomes aware of new information that materially affects the strategies and measurable targets specified in the forest stewardship plan, or

(b) the forest stewardship plan is inconsistent with an item listed in section 16.

(5) New information under subsection (4) includes but is not limited to information received through the records of comments received under Divisions 4 and 5 of Part 5.

Request for amendment or resubmission for failure to adequately protect

15. (1) If, at any time during the term of a forest stewardship plan, the district manager or the designated environment official determines that the forest stewardship plan is not adequately protecting the forest resources, the district manager or the designated environment official may request that the licensee to prepare and submit for approval a new forest stewardship plan or amendment in accordance with this regulation.

(2) A request under subsection (1) must be made in writing.

(3) The licensee must submit a forest stewardship plan or amendment requested under subsection (1) within 6 months of the request being made.

Consistency

16. A forest stewardship plan must be consistent with the following:

(a) any higher level plan in place for the Stillwater area;

(b) Division 2 of Part 2;

(c) the forest stewardship zones map;

(d) any resource objective.

Best information available

17. Subject to any requirement in this regulation to use known information when preparing a forest stewardship plan, the licensee must use the most comprehensive and accurate information available to the licensee.

Assessments and mapping required by the Act and regulations

18. (1) Before making a forest stewardship plan available for review under this Part, the licensee must complete the following as if the forest stewardship plan were a forest development plan:

(a) a terrain stability hazard map and soil erosion potential map for that part of the forest stewardship plan that is within the community watershed in accordance with section 12 of the Operational and Site Planning Regulation;

(b) forest health evaluation and assessment in accordance with section 13 of the Operational and Site Planning Regulation;

(c) a watershed assessment within the previous 3 years of the submission date for areas under the forest stewardship plan provided for and in accordance with section 14 of the Operational and Site Planning Regulation.

(2) At any time during the term of a forest stewardship plan, the district manager may require the licensee to conduct a forest health assessment referred to in section 13 (b) of the Operational and Site Planning Regulation.

Application for a cutting permit

19. (1) Subject to subsection (2) and section 20, before commencing timber harvesting or road construction under a forest stewardship plan, the licensee must apply for a cutting permit.

(2) The licensee may only apply for a cutting permit in respect of a cutblock or road if

(a) the cutblock or road has been shown on the operational information map for at least 30 days, and

(b) in the case of a cutblock, the licensee has prepared a silvicultural plan and a harvest plan for the cutblock.

Assessments and mapping required by the Act and regulations

20. Before applying for a cutting permit under this Part, the licensee must complete the following:

(a) a terrain stability field assessment required by the Operational and Site Planning Regulation for a cutblock

(i) in a community watershed, or

(ii) in an area other than a community watershed if the area is identified in the forest stewardship plan as having

(A) a high likelihood of landslides,

(B) unstable terrain, or

(C) a slope gradient greater than 60%;

(b) all assessments required by and in accordance with section 37 of the Operational and Site Planning Regulation;

(c) Repealed. [B.C. Reg. 292/2003, effective August 5, 2003]

(d) a riparian assessment, in accordance with section 15 of the Operational and Site Planning Regulation, to identify the riparian class of those streams, wetlands and lakes that are located in a community watershed;

(e) riparian classification in accordance with Division 1 of Part 8 of the Operational and Site Planning Regulation;

(f) if required by the district manager in respect of a cutblock shown on the operational information map, an archaeological impact assessment that meets the requirements of the Heritage Conservation Act.

Contents of application for cutting permit

21. The licensee must ensure that the application for the cutting permit under section 19 contains the following:

(a) a letter that describes the following:

(i) the requested clearing width for a road;

(ii) the timber mark for the timber to be harvested;

(iii) all comments received under Division 4 of Part 5 that are relevant to the area to be harvested;

(iv) a copy of any detailed explanation provided to the person who submitted the comments under Division 4 of Part 5 that are relevant to the cutblock;

(b) a map that describes or illustrates the following:

(i) with respect to a cutblock, boundaries for the harvesting area;

(ii) for the purposes of road construction, the centre line of the road location.

Issuance of a cutting permit by the district manager

22. (1) In this section "specific area of concern" means

(a) an area of land identified on a forest stewardship plan by a person who has a property right or interest reasonably close to the licensee's proposed activity if the property right or interest may be affected by a forest practice that is to be carried out under a forest stewardship plan, or

(b) a community watershed in the Stillwater area.

(2) The district manager must issue a cutting permit applied for under this Part if

(a) the application was prepared and submitted in accordance with this Part, and

(b) the district manager is satisfied that the licensee has adequately addressed any comments with respect to a specific area of concern.

Preparation of an operational information map

23. The licensee must prepare an operational information map illustrating all of the following:

(a) active cutblocks and road construction activities;

(b) cutblocks approved under cutting permits;

(c) proposed roads and cutblocks, including current engineering activities;

(d) current and planned road deactivation;

(e) planned and active stand tending activities, including herbicide treatments.

Maintenance and update of the operational information map

24. The operational information map must be updated at least monthly, to show current activities.

Operational information map not a part of the forest stewardship plan

25. The operational information map is for information purposes only and is not part of the forest stewardship plan.

Site plans

26. (1) A harvest plan must contain harvesting strategies and constraints for the area under the plan.

(2) A silviculture plan must specify a regime of silviculture strategies and targets that can reasonably be expected to produce the target stocking levels specified in the forest stewardship plan by the end of the free growing period set out in that plan.

(3) The licensee must retain a professional forester to specify the regime of silviculture strategies and targets set out in the silviculture plan.

(4) A silviculture plan or a harvest plan must be signed and sealed by a professional forester.

Implementation and record requirements for site plans

27. The licensee must

(a) implement any silviculture plan or harvest plan,

(b) keep a written record that allows the district manager or designated environment official to determine whether the requirements of section 26 or paragraph (a) of this section have been met, and

(c) provide the written record to the district manager or designated environment official promptly on request.