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(continued)
(d) The plan submitter shall have the Notice of Intent published in a newspaper of general circulation in the area, concurrently with the submission of the plan to the Director. Proof of publication of notice shall be provided to the Director prior to his/her determination made pursuant to 14 CCR 1037.6.
(e) For plan amendments, the submitter of the amendment shall certify in writing at the time the amendment is submitted that copies of a new Notice of Intent have been mailed to:
(1) All property owners not previously noticed under subsection (b) who, because of the plan amendment, would be required to receive the notice provided in subsection (b).
(2) All property owners previously noticed under subsection (b) when there is a change in silvicultural method.
(f) The plan submitter shall include with the mailed Notice of Intent sent to the persons identified above, other than members of the Board of Supervisors, local school district or publicly-owned water district or community water systems, any available printed general information material that has been jointly approved by the County of Santa Cruz and the Department, describing the review process and the rights of adjacent landowners and other neighbors under applicable rules, ordinances or statutes.
(g) The RPF shall simultaneously file with the Department any notice of deviation given to the plan submitter or landowner required under Public Resources Code section 4583.2.
(h) In the event the Director shall approve a timber harvest plan which provides in whole or in part for helicopter yarding and where such harvest operations are not commenced within the same harvest season in which the plan is approved, the plan submitter shall, not less than 14 days prior to the estimated commencement of helicopter operations and not more than 28 days prior to the estimated commencement of such operations:
(1) Mail a notice to all persons previously notified of the Notice of Intent of the original application or any amendment under (b) above, providing notice of the fact that the helicopter yarding was approved, containing a map showing the location of the harvest areas, landing area, and service area approved in the Plan, the hours of operation, the estimated starting date of helicopter yarding activities, the estimated completion date, and any conditions placed on the helicopter yarding activity by the Director as part of the approval; and
(2) Post a copy of the notice at a minimum of one conspicuous location every half mile on all public roads within a 2 mile radius of the proposed area of operations. The posted notice shall be on colored paper or identified with colored flagging so as to be easily visible to the public.
(3) The plan submitter shall further mail the notice to those persons identified in 14 CCR 926.3(c)(1), (2).
(4) Prior to commencement of helicopter operations, the plan submitter shall certify to the Director in writing that these procedures have been followed.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 926.4. Preharvest Inspection Report.
Following any preharvest inspection, the Forest Practice Officer who conducted the inspection shall make a written report on the plan, indicating whether the plan, as proposed, conforms to the requirements of the Forest Practice Act and Board rules, and further stating whether the feasibility analysis required by 14 CAC 898 has properly responded to the issues identified in that section. A copy of this Preharvest Inspection Report shall be provided to review team members and advisors, and shall be made available for public information as a public record.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 926.5. Additional Information After Preharvest Inspection.
When the Director determines, based upon field inspection of the plan area, that additional information is necessary in order that the Review Team may conduct the review prescribed by 14 CAC 1037.5(b), the RPF who prepared the plan shall be responsible for supplying such additional information. Additional information shall be limited to information regarding those items specified in 14 CAC 1034, Contents of Plan.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Sections 4516.5 and 4582.6, Public Resources Code.
s 926.6. Public Water Agency Representative.
In the case of any timber operation proposed to be carried out in an area which serves as a watershed for any publicly-owned water purveyor, the Director shall request a representative of such water purveyor to assist the Department as an advisor in the review process, pursuant to the provisions of 14 CAC 1037.5; such water purveyor representative shall be permitted to participate in all review team meetings.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Sections 4516.5 and 4582.6, Public Resources Code.
s 926.7. Review Team Field Review.
Any review team member may, on request, accompany the Department as an advisor to the Department, on any field review the Department conducts prior to approval of the plan. A member of the review team shall have five working days following the date of the review team meeting in which to file any notice of non-concurrence provided for in 14 CCR 1037.5(e).
When a proposed timber harvest area is adjacent to a residential neighborhood; when the only access to the proposed timber harvest area is through neighboring property; or when multi-owner private road(s) are to be used for hauling; the residents of the adjacent neighborhood or the owners of the private road(s) may designate one person as their representative to attend the pre-harvest inspection and all Review Team field inspections and meetings that are scheduled. The Director and plan submitter shall be provided with written notice of the designated representative's name, address and telephone number. Such person may only enter the property of the landowner where the harvest is proposed with the consent of the landowner. Such person shall be entitled to receive advance notice of the time and place of the pre-harvest inspection and Review Team field reviews, may make inquiries of the review team members, but shall not be a member of the Review Team.
Note: Authority cited: 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.Authority cited: 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 926.8. Fuelwood Operations.
Notwithstanding 14 CAC 1038(b), the harvest of fuelwood in operations where more than three acres are proposed to be harvested, shall be carried out in accordance with the provisions of 14 CAC 1038-1038.1. In addition, for purposes of 14 CAC 1038, minimum impact means:
(a) No new road construction;
(b) No road reconstruction that involves substantial change in the original road prism;
(c) No timber operations on slopes in excess of 60%;
(d) No timber operations in special treatment areas;
(e) No timber operations within watercourse and lake protection zones;
(f) No timber operations on unstable soils;
(g) No timber operations within 500 feet on an active nesting site of rare or endangered bird species;
(h) No timber operations on areas with high or extreme erosion hazard rating;
(i) The harvest area must be immediately stocked; and
(j) Timber operations are limited to 45 days unless an approved plan is obtained.
Fuelwood operations that cannot be harvested pursuant to 14 CAC 1038-1038.1 will require a plan pursuant to 14 CAC 913.8(b).
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 926.9. Hours of Work.
(a) Except as provided in paragraph (b) below, the operation of chainsaws and other power-driven equipment shall be restricted to the hours between 7:00 a.m. and 7:00 p.m., and shall be prohibited on Saturdays, Sundays, and nationally designated legal holidays. An exception to this rule may be granted by the Director where s/he has found that no disturbance will result from the use of such equipment.
(b) Within 300 feet of any occupied legal dwelling, the operation of chain saws and all other power equipment, except licensed highway vehicles, shall be restricted to the hours between 8:00 a.m. and 6:00 p.m., and shall be prohibited on Saturdays, Sundays and nationally designated legal holidays. The Director may grant an exception to allow operations between 7:00 a.m. and 7:00 p.m. within 300 feet of residences if a determination of no disturbance can be made based upon the occupant(s) agreement to a written request submitted by the RPF to the Director before plan approval.
(c) When it is anticipated that there will be staging of licensed vehicles outside the plan submitter's property between the hours of 9:00 p.m. and 7:00 a.m., the RPF shall provide an operating plan which reduces noise impacts to nearby residences.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: 4516.5, Public Resources Code.Authority cited: Section 4516.5, Public Resources Code. Reference: 4516.5, Public Resources Code.
s 926.10. Log Hauling.
(a) Log hauling on public roads is not permitted on Saturdays, Sundays, or on those days which are nationally designated legal holidays.
(b) Log hauling on public roads, or private roads may be restricted or not permitted by the Director during commute hours or during school busing hours when necessary to prevent a serious hazard to traffic flow and safety or to prevent hazardous conditions that would endanger public safety.
(c) During log hauling on public roads, or on private roads the timber operator may be required by the Director to post special traffic signs and/or flagpersons where determined to be necessary to prevent a hazard to traffic.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 926.11. Flagging of Property Lines.
The RPF or his/her supervised designee shall, prior to plan submission to the Department, flag the approximate property lines of the timberland owners parcel on the site where any truck road, tractor road or harvest area is proposed within 100 feet of a property line.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 926.12. Soil.
The process of constructing or reconstructing truck roads, tractor roads, tractor trails, and landings shall not cause soil to be deposited on property owned by others, except with the consent of the property owner.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 926.13. Performance Bonding.
When hauling logs pursuant to a THP, the LTO shall provide for the repair of any damage to a county road that is willfully or negligently caused by the LTO's log hauling operations, or to a private road that is caused by the LTO's log hauling operations, and shall provide for the repair of any damage caused by the LTO's log hauling operations to appurtenant structures including, but not limited to, guard rails, signs, traffic signals, culverts, curbs and similar facilities. If necessary to ensure compliance with this section, the county, owner(s)/easement holder(s) of private road or private road association may request, and the Department, upon such request, may require the timber operator or responsible party to post adequate financial security to restore paved or unpaved county or private roads and appurtenant structures which are damaged by log hauling operations. The request for posting of financial security shall be made to the Department during the THP review procedure and no later than five days before the Director's decision date. The timber operator or responsible party shall post a certificate of deposit, certificate of insurance or performance bond, or other financial security in favor of the Department in a reasonable amount set by the Director, not to exceed $5,000 per mile of road used or $50,000, whichever is less and subject to provisions of Division 3, Part I, Chapter 1, Article 8, Sections 11110 through 11113 of the Government Code. Such cash deposit or other acceptable financial security shall cover a period not to exceed the effective period of the plan.
When a form of financial security is required, logging trucks shall not use the roads until the required security is posted with the Department. The Director shall release the bond or equivalent to the principal of the security upon completion of log hauling operations and compliance with the requirements of this section. If and when repairs are necessary, the Director shall request the operator to provide for making the repairs. If the repairs are not made, the Department may take corrective action and may order the bond, or equivalent, forfeited in an amount not to exceed actual damage. When a bond or equivalent has been posted, the Department shall provide the county with a copy of the Work Completion Report. The county shall advise the Department in writing within 30 days of its receipt of notification of completion of hauling operations or the Work Completion Report if damage has occurred repairs need to be made. If the county fails to notify the Director within 30 days, the bond or surety shall be released.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 926.14. Biotic Resources.
In addition to the requirements of 14 CAC 1034(w), the plan shall identify local unique plant and animal species as identified in the Santa Cruz County General Plan.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 926.15. Road Construction.
Whenever new road construction is proposed and the plan submitter owns or controls any property contiguous to the parcel or parcels on which timber operations are proposed, and such contiguous property contains timberland, the RPF shall include a map and explanation of how the new road is integrated into the existing or proposed truck road and associated transportation system, for all the contiguous property owned or controlled by the plan submitter on which timberland is found. Such proposed integrated truck road and associated transportation system shall be reviewed in connection with review of the proposed plan, and the plan shall be modified, if necessary, to assure that the approved plan will be compatible and consistent with timber operations on the contiguous property.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 926.16. Flagging.
The location of proposed truck roads, constructed tractor roads, landings, and watercourse crossings shall be designated on the plan map and shall be located in the field with flagging. Such flagging shall occur prior to the preharvest inspection if one is to be conducted. Flagging for truck roads and constructed tractor roads will be intervisible along the proposed alignments.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 926.17. Abandonment of Roads and Landings.
When an existing truck road, tractor road, or landing is located in an area in which it could not be newly constructed in conformance with these rules, then, where feasible, such road or landing shall be abandoned, stabilized, revegetated, and restricted from vehicular use, unless the use of such road or landing would produce less environmental impact than the use of a new road or landing constructed in accordance with these rules.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 926.18. Winter Period.
The winter period for Santa Cruz County shall be October 15 through April 15.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 926.19. Erosion Control Maintenance.
The plan submitter shall maintain all drainage structures, drainage facilities and gating or other devices to prevent access required by these rules in effective working condition throughout one winter period after completion of timber operations unless other stricter measures are required under the Forest Practice Rules. Skid trails, landings and work areas shall be reseeded, mulched or protected by compacting slash and debris from harvest operation. The Director may require further measures to prevent unnecessary damage to road surfaces from unauthorized use and to protect the quality and beneficial uses of water. The County representative responsible for review of timber harvests shall receive advanced notice and may attend the work completion inspection with the Department to review erosion control measures. A work completion report may not be filed until this requirement has been met.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 926.20. Soquel Creek Watershed.
Note: Authority cited: Sections 4516.5, 4551 and 4551.5, Public Resources Code. Reference: Sections 4516.5, 4551.5, 4562.5 and 4562.7, Public Resources Code.
s 926.21. Exemptions from Timber Harvesting Plan Requirements [Santa Cruz County].
The following requirements shall apply to timber operations conducted on ownerships of timberland of less than three acres pursuant to 14 CCR 1038(c).
a. The notice of exemption submitted to the Director pursuant to 14 CCR 1038.1 shall be accompanied by a planimetric or topographic map that clearly shows the location of and identifies the following features within the plan area:
1. log landing proposed to be used,
2. tractor roads on slopes over 50 percent,
3. logging roads,
4. watercourses, lakes, marshes, springs, and seeps,
5. structures, including mobile homes and trailers, currently maintained for human habitation within 200 feet, as measured along the surface of the ground, from the boundary of the plan area.
b. In addition, the following information shall be provided:
1. The approximate number of trees to be cut,
2. Assessor's Parcel Number covering the plan area,
3. Zoning designation covering the plan area,
4. Expected dates of commencement and completion.
c. Within 5 working days of receipt, CDF shall determine whether the exemption is complete and accurate. If it is found to be complete and accurate, CDF shall send a copy with a Notice of Acceptance to both the county and the applicant. Operations pursuant to the Exemption may not commence for ten working days from the date of the Notice of Acceptance in order to provide the County with an opportunity to (1) review the proposed operation, and (2) notify the submitter of applicable county regulations prior to the onset of operations. The Notice of Acceptance shall include the following statements:
1. An explanation that both the state and county have regulatory authority over timber harvest operations on ownerships of timberland of less than three acres.
2. An explanation that the Director's acceptance only relates to compliance with the rules of the State Board of Forestry.
3. Recommendation that the submitter should consult with the Santa Cruz Planning Department before proceeding.
4. Notification that proceeding without consulting with the County Planning Department could result in violation of county ordinances.
5. Notification that operations pursuant to the Exemption may not commence for ten working days to facilitate review of this operation by the county. The earliest date on which operations may commence shall be clearly stated in the Notice of Acceptance.
d. If the Exemption is determined to be incomplete, a CDF shall return the exemption to the applicant with a cover letter explaining the deficiencies.
Note: Authority cited: Sections 4516.5 and 4551, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 926.23. Contents of Plan.
In addition to 14 CCR 1034 the following shall apply in Santa Cruz County:
(a) When log hauling is proposed over non-appurtenant private roads, the RPF shall provide:
(1) Information substantiating the timber owner's legal right to access or use said private road(s).
(2) A statement as to the estimated number of total logging truck loads to be removed and the approximate number of haul days and location of proposed logging truck staging areas.
(3) A statement as to how obligations to maintain the road shall be satisfied commensurate with use.
(4) Specific measures which provide for the safe use of the road, such as flag persons, signage, pilot cars and hours of restriction.
(5) Videotape, photograph or other means of documentation for noting the existing conditions of the road.
(b) The RPF shall provide a map showing the location of the flagged property boundaries along with any documentation that substantiates the property line.
(c) The description of the plan area shall include the County Assessor Parcel Number(s) for those parcel(s) within which timber operations are to be conducted.
(d) The RPF shall include within the notice to the landowner section of the plan the following statement: "Section 16.22.030 of the County Code states that any road or bridge constructed pursuant to a Timber Harvest Permit issued by the State of California, if used to serve purposes other than forest management activities shall be considered new and shall be subject to all County design standards and applicable policies including County grading and bridge permits."
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 926.25. Special Harvesting Methods.
In addition to 14 CCR 913.8 subsection (a), the harvesting limitation, re-entry period and leave tree standards shall be modified as follows:
(a) The cutting standards are as follows:
(1) For areas where the proposed harvest rate is 51-60% of the trees greater than 45.7 cm (18 in.) d.b.h., the minimum re-entry period shall be 14 years.
(2) For areas where the proposed harvest is 50% or less of the trees greater than 45.7 cm (18 in.) d.b.h., a 10 year re-entry period shall apply.
(3) Regardless of re-entry period, no more than 40% of the trees greater than 35.6 cm. (14 in.) and less than 45.7 cm (18 in.) d.b.h. shall be harvested.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 927. Marin County Rules.
In addition to forest practice rules applying in the Coast Forest District and Southern subdistrict of the Coast Forest District, rules contained in 927.1 through 927.17 shall apply within the boundaries of Marin County. Where the general rules conflict with Marin County rules, the Marin County rules shall apply.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 927.1. Winter Period.
The winter period for Marin County shall be October 1 through April 15.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 927.2. Contents of Plan.
All of subsections (x)(1) through (x)(14) of 14 CCR 1034 shall apply in Marin County. Subsection (g) and that portion of (x) pertaining to map size shall not apply and in lieu of those subsections, the following shall apply:
(a) A description of the plan area within which timber operations are to be conducted. The description shall include the following:
(1) U.S. Geological Survey (USGS) Quadrangle name(s) and date(s),
(2) township, range, and section number(s),
(3) county name(s),
(4) CALWATER 2.2 planning watershed number(s),
(5) approximate acreage, and
(6) assessor's parcel number(s) for the assessor's parcels within which a plan is submitted.
(b) The estimated number of logging truck loads to be removed and the approximate number of daily trips.
(c) The following information shall be clearly provided on a reproducible 1" = 500' topographic map showing 40 foot contour intervals, provided such maps are available from the county at nominal cost. (Nominal cost for the purposes of this subsection shall not exceed $10.) If this map is not available, the map requirement in 14 CAC 1034 (x) shall apply. Additional maps may be required to show specific details, and may be planimetric. Color coding shall not be used. A legend shall be included indicating the meaning of the symbols used. See district rules for the appropriate minimum mapping acreage.
(1) Location of Marin County Recreation Corridor (CRC), scenic corridors, conservation zones, as identified in the Marin Countywide Plan of April, 1982 and special treatment areas designated by the County General Plan of 1982 or in any other document officially adopted by the county.
(2) Location of all structures (including mobile homes or trailers) currently maintained for human habitation within 200 feet as measured along the surface of the ground from the boundary of the plan area.
(d) On timber operations requiring submission of a plan, all routes to be used for removing forest products from the plan area to the mill or county line shall be shown on a road map submitted with the plan. A proposed change in the use of public roads that are part of the haul route shall be presumed to be a substantial deviation unless the plan submitter requests that the proposed change be considered a minor deviation in accordance with the procedure set forth in 14 CAC 1036 and 1040 and the Director so determines. The Director shall consult with County Transportation District before giving approval. The plan shall identify the location of schools along the haul route and shall specify their hours of operation.
(e) Plan maps must show the location of and identify the following: all log landings proposed to be used, and all main tractor roads on slopes over 50 percent, all logging roads, all watercourses, lakes, and marshes and boundaries of the CRC within or contiguous to the plan area.
(f) A statement shall be prepared indicting the proposed type, quantity, purpose and method of application of any chemicals listed as restricted by the State Department of Food and Agriculture that are to be used.
(g) The plan shall include a brief statement describing any additional proposed uses for the land in addition to timber harvesting (e.g., a residential or commercial development) for a period of five years.
(h) Whenever new road construction is proposed and the plan submitter owns or controls any property contiguous to the parcel or parcels on which timber operations are proposed, and such contiguous property contains timberland, the RPF shall include a map and explanation of how the new road is integrated into the existing or proposed truck road and associated transportation system, for all the contiguous property owned or controlled by the plan submitter on which timberland is found. Such proposed integrated truck road and associated transportation system shall be reviewed in connection with review of the proposed plan, and the plan shall be modified, if necessary, to assure that the approved plan will be compatible and consistent with timber operations on the contiguous property.
(i) The THP shall include a plan for safe access to a public roadway from the site of operations. The plan submitter shall be required to consult with County officials in designing the access plan, and shall attach to the THP a County encroachment permit if one has been approved.
(j) The plan submitter shall identify any publicly owned water purveyor within the drainage and indicate on the plan whether a watershed protection agreement with any publicly owned water purveyor has been ob- tained for the proposed operation and append any such agreement to the plan. Any such agreement shall be appended for information purposes only. If no such agreement has been reached with the water purveyor, the plan submitter shall attach any previous correspondence to and from the water purveyor concerning the proposed timber operation.
(k) If a road or landing to be constructed or improved as part of the proposed timber operation is planned to be used to serve or facilitate a residential or commercial development, the plan submitter shall obtain a grading permit from the county and attach any such permit to the plan, for information purposes only.
Note: Authority cited: Sections 4516.5 and 4551, Public Resources Code. Reference: Sections 4516.5, 4551 and 4553, Public Resources Code.
s 927.3. Tractor Yarding.
In addition to 14 CAC 914.2, the following shall apply in Marin County:
Prior to submittal of a plan, the approximate location of proposed constructed tractor roads on slopes over 50% shall be intervisibly flagged on the ground.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 927.4. Flagging.
In addition to flagging requirements in Subchapter 3 of Title 14 CAC, the Director, where necessary to protect adjoining properties, may require flagging of approximate property lines on the site where any truck road, tractor road or harvest area is proposed within 100 feet of a property line.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 927.5. Log Hauling.
(a) Log hauling on public roads is not permitted on Saturdays, Sundays, or on those days which are nationally designated holidays.
(b) Log hauling on public roads shall be restricted or not permitted by the Director during commute hours or during school busing hours if necessary to prevent a significant hazard to traffic flow and safety or to prevent hazardous conditions that would endanger public safety.
(c) During log hauling on public roads, the timber operator may be required by the Director to post special traffic signs and/or flagpersons where determined to be necessary to prevent a hazard to traffic.
(d) Any new access for the use of logging trucks on Highway 1 shall not be constructed until the Director has received approval for such construction from the State Department of Transportation and has consulted with the County Transportation District. A request for newly constructed access must be accompanied by evidence that such access will not adversely affect traffic flow and safety on the highway.
(e) Where road width will not permit passage of a logging truck and another oncoming vehicle, and adequate turnouts are not present, the Director may require the use of pilot cars equipped with warning signs and flashing lights to guide logging trucks on public roads.
(f) Within 300 feet of any occupied dwelling, the operation of power equipment, including chain saws, except licensed highway vehicles, shall be restricted to the hours between 7:00 a.m. and 7:00 p.m., and shall be prohibited on Saturdays, Sundays, and nationally designated legal holidays. Where, because of unusual ground condition or very close proximity of occupied dwellings or special circumstances related thereto, the Director determines that a need exists for further restrictions, he/she may increase the distance and may limit the hours to not less than 8:00 a.m. to 5:00 p.m. An exception to this rule may be granted by the Director where he/she has found that no disturbance will result to the occupants of the dwelling from the use of such equipment.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 927.6. Public Road Buffer Zone.
All logging roads, tractor roads, and landings located within 200 feet, as measured along the surface of the ground from the edge of the traveled surface of a public road, shall be screened from direct public view to the extent feasible by leaving trees and vegetation between disturbed areas and public roads. If trees are to be harvested in this buffer zone, the proposed harvesting shall be identified in the plan and the trees to be cut or left shall be marked before the preharvest inspection, if such an inspection is to be made.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 927.7. Timber Harvesting Plans.
(a) An initial inspection of the area in which timber operations are to be conducted shall be made within 10 days from the date of filing of the plan, or such longer period as may be mutually agreed upon by the Director and the person submitting the plan. The RPF who prepared the plan shall attend the initial inspection.
(b) In the case of any timber operation proposed to be carried out in an area which serves as a watershed for any publicly owned water purveyor, the Director shall request a representative of such water purveyor to assist the Department as a advisor in the review process, pursuant to the provision of 14 CAC 1037.5; such water purveyor representative shall be permitted to participate in all review team meetings.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 927.8. Exemptions from Timber Harvesting Plan Requirements.
To ensure that the protection necessary to maintain the integrity of the resources of the County are achieved, the following requirements shall apply to the timber operations exempt from filing of Timber Harvesting Plans under 14 CAC 1038.
(a) The requirements of 14 CAC 927.7(a) and (b), and 927.2(c) and (e) shall apply with the following exceptions:
(1) pursuant to PRC 4582.7, an initial inspection may not be required;
(2) a written plan is not required although a plan map must accompany the notice of timber operations. Harvesting of Christmas trees is exempt from timber marking requirements.
(b) The expected dates of commencement and completion shall be stated in the notice of timber operations.
(c) The Director shall acknowledge in writing and within 10 days, acceptance or rejection of the notice of timber operations. The Director shall consult with the Marin County Planning Director before acceptance. Timber operations shall not commence until the Director's acceptance has been received by the person who filed the notice.
(d) Exempt operations shall be limited to the calendar year of acceptance.
(e) The requirements of PRC 4585, Completion Report, and PRC 4587, Stocking Reports, shall apply to exempt operations within the County.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 927.9. Silvicultural Methods and Intermediate Treatments.
The objective of this section is to prescribe silvicultural methods and treatments that will protect the long-term productivity of soils and timberlands and protect the natural and scenic qualities of the County. The following silvicultural methods and treatments as prescribed below will be applied in the County. 14 CAC 913 through 913.6 defines these methods and treatments.
(a) Commercial Thinning Intermediate Treatment or the Selection Method. When the commercial thinning treatment or the selection silvicultural method is used, the following standards are required.
(1) Leave a well distributed timber stand after cutting and logging operations have been completed on the cut area. Leave at least 40 percent by number of those trees 18 inches or more d.b.h. which were present prior to commencement of current timber operations and at least 50 percent by number of those over 12 inches d.b.h. but less than 18 inches or more d.b.h. Leave trees 18 inches or more d.b.h. shall be dominant or co-dominant in crown class prior to timber harvesting or have crowns typical of such dominant or co-dominant trees. All leave trees shall be thrifty coniferous trees which are free from substantial damage caused by timber operations. No conifer tree shall be cut which is more than 75 feet from a leave tree 12 inches d.b.h. or larger located within the logging area. Average top stump diameter, outside bark, shall be considered 1 inch greater than d.b.h.
(2) Immediately following completion of timber operations, stocking must meet or exceed stocking standards of 14 CAC 927.10.
(3) A report of stocking as described in PRC 4587 shall be filed within six months following completion of work as described in the plan.
(b) Sanitation-Salvage Treatment. When the sanitation-salvage treatment is used, the following practices are required:
(1) Restrictions on time periods for subsequent timber operations shall not apply to the sanitation-salvage treatment.
(2) An effort shall be made to regenerate any cut area during the first planting season following log removal. Necessary site preparation, planting, or seeding shall be completed within the first planting season following logging, except where unusual or adverse weather conditions require extending site preparation and planting into the following planting season. Deficiencies in stocking shall be corrected by planting annually at least three times if necessary to meet the stocking standards in 14 CAC 927.10.
(c) Clearcutting Method. The clearcutting method is not authorized for the County.
(d) Recutting of Logging Areas. Timber operations for removal of trees may only be repeated on a logging area within less than ten years after completion of a previous timber operation if minimum standards have been met, the reasons for the operation are justified and explained in the plan, and the scenic and/or natural qualities of a stand would be enhanced by lighter or more frequent tree removal. In no instance shall stocking be reduced below the standards provided in 14 CAC 927.10 nor shall more than 60 percent by numbers of those trees 18 inches and more d.b.h. and no more than 50 percent by numbers of those trees over 12 inches d.b.h. but less than 18 inches d.b.h. be removed within any one 10-year period.
On timber operations in which cutting has occurred within 10 years preceding the current operations, stumps which are the result of cutting trees within the preceding 10 years shall be counted as trees cut during the current operation in determining percent of trees cut. Timber operations conducted under the Sanitation-Salvage Treatment, and the harvesting of minor forest products and incidental vegetation are exempt from the above provision of this section.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 927.10. Stocking Requirements.
The stocking standards for understocked timberlands and substantially damaged timberlands as provided for by 14 CAC 1080 through 1081.1 and 1085 through 1085.6 are not applicable in the County. After completion of timber operations one of the following stocking standards must be met:
(a) Basal Area. The average residual basal area, measured in stems 1 inch or larger in diameter shall be at least 125 square feet per acre on Site I lands, at least 100 square feet per acre on Site II and Site III lands and at least 75 square feet per acre on Site IV and V lands, or
(b) Point Count. The area contains an average point count as specified below:
(1) On Site I and II lands, the area contains an average point count of 450 per acre to be computed as follows:
(A) 450 countable trees per acre not more than 4 inches d.b.h.; each tree to count as 1 towards meeting stocking requirements.
(B) 150 countable trees per acre over 4 inches d.b.h. and not more than 12 inches d.b.h.; each tree to count as 3 toward meeting stocking requirements.
(C) 75 countable trees per acre over 12 inches d.b.h.; each tree to count as 6 toward meeting stocking requirements.
(2) On Site III, IV and V lands the area contains an average point count of 300 per acre to be computed as follows:
(A) 300 countable trees per acre not more than 4 inches d.b.h.; each tree to count as 1 toward meeting stocking requirements.
(B) 100 countable trees per acre over 4 inches d.b.h. and not more than 12 inches d.b.h.; each tree to count as 3 towards meeting stocking requirements.
(C) 50 countable trees per acre over 12 inches d.b.h.; each tree to count as 6 toward meeting stocking requirements.
Redwood root crown sprouts will be counted using the average stump diameter 1 foot above average ground level of the original stump from which the redwood root crown sprouts originate, counting 1 sprout for each 1 foot of stump diameter to a maximum of 6 per stump.
Site classification shall be determined by the forester (RPF) who prepared the plan.
Rock outcroppings, meadows, wet areas, or other areas not normally bearing timber shall not be considered as requiring stocking and are exempt from such provisions.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 927.11. Logging Practices.
The following logging practices shall be adhered to:
(a) Roads. Rules contained in 14 CAC 923 through 923.2 shall be adhered to with the following special requirements.
(1) Roads shall be single lane, and generally the traveled surface shall be no more than 12 feet in width, except where alignment, safety, and equipment necessary to conduct the operation requires additional width. Deviations shall be explained and justified in the plan.
(2) Roads, landings, cuts, and fills shall be screened from direct view to the extent feasible by leaving screen trees and other vegetation between the disturbed areas and public areas utilized by substantial numbers of viewers.
(b) Soil disturbance, other than that incident to necessary road maintenance, whether with tractor or by cable means, shall not occur under excessively wet ground conditions that could result in substantial soil compaction and erosion.
(c) Notwithstanding the requirements of 14 CAC 1040, if in construction rock outcroppings, springs, and other physical factors require a change in roads, landings, and tractor road locations, the location can be changed with the concurrence of the RPF, the operator, and the Director's representative, provided that such changes in location constitute minor deviations. The RPF shall provide written confirmation of such minor deviations which shall become a part of the plan. All changes in location constituting substantial deviations shall be submitted to the Director as amendments to the plan.
(d) Felling Practices. Up to 10 percent of the trees that are proposed for cutting may be substituted 1 for 1 with those proposed to be left uncut provided that the leave tree proportion, size class, distribution, and general forest appearance of the residual stand as approved in the preliminary field work is preserved.
Justification for the substitution standard shall be based on unavoidable tree damage, safety factors, lean of trees, location of obstructions or roads or openings insufficient to accommodate felled trees.
(e) The process of constructing or reconstructing truck roads, tractor roads, and landings shall not cause soil to be deposited on property owned by others, except with the consent of the property owner.
(f) The plan submitter shall maintain all drainage structures and drainage facilities required by these rules in effective working condition throughout one winter period after completion of timber operations. A work completion report may not be filed until this requirement has been met.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 927.12. Hazard Reduction.
(a) Burning. Broadcast burning shall be prohibited on lands harvested under the commercial thinning treatment and selection silvicultural methods in the County. Broadcast burning may be allowed for site preparation purposes in accordance with 14 CAC 917.4 on lands harvested under the sanitation-salvage treatment when a prescribed burning plan is submitted as part of the Timber Harvesting Plan which explains and justifies broadcast burning in the County.
An effort shall be made to protect the surface organic horizon of the soil during the course of any permitted broadcast burning operations.
(b) Snags. All snags within the Watercourse and Lake Protection Zone and within 100 feet of meadow edges shall be left standing with the following exceptions:
(1) When felling is required for fire or safety reasons (CAL-OSHA regulations, 8 CAC 6259) or when necessary in sanitation-salvage operations.
(2) When a snag of commercial value is marked for felling by the RPF after an initial preharvest inspection and consultation with the Department of Fish and Game and the timber owner.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 927.13. Buffer Zones Within the CRC.
The following additional rules shall apply to buffer zones within Marin County Recreation Corridor.
The buffer zone adjacent to designated coastal highways shall be a 200 foot wide band running parallel to the first line of trees nearest the road on appropriate side(s) of the road as designated. In no place shall the buffer zone extend more than 350 feet from the shoulder of the road.
A buffer zone of 200 feet shall also run adjacent to all publicly owned preserves and recreation areas including national, state, regional, county, and municipal parks. Said distance shall be measured along the surface of the ground.
Logging roads, tractor roads, and skid trails and landings shall be screened from direct view to the extent feasible by leaving trees and vegetation between the disturbed area and vista points that would attract viewers.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 927.14. Notice of Intent and Filing.
In addition to 14 CAC 924.1(b) and 924.4(b) the Notice of Intent and Filing of THP applications shall be provided to the appropriate publicly owned water purveyor and to any school district or private school on the haul route excluding those portions of Highway 101.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 927.15. Review Team Meetings.
In addition to 14 CAC 1037.5, the following provisions shall govern public participation in the review of timber harvesting plans in Marin County:
(a) A written response by the Department of Forestry to issues raised that are pertinent to the THP in question shall be made available to the public before the final approval or disapproval of the THP. The issues raised must be received by the Department before the date for decision on the THP and may be either oral or written.
(b) Review team recommendations shall be made available at the CDF or county planning department office for public comment prior to the final decision.
(c) Any review team member and any qualified technical expert designated by a review team member may, on request, accompany the Department as a advisor to the Department, on any field review the Department conducts prior to approval of the plan.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 927.16. Registered Professional Forester (RPF) Advice.
The provisions of 14 CAC 913.8(b)(5) shall apply when timber operations are conducted in Marin County.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 927.17. Decisions on Winter Operations.
The Director may prohibit any activity in the winter period that presents an unacceptable risk of significant degradation to the soil and water resources.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 928. San Mateo County Rules.
In addition to forest practice rules applying in the Coast Forest District and Southern subdistrict of the Coast Forest District, rules contained in 928.1 through 928.8 shall apply within the boundaries of San Mateo County. Where the general rules conflict with San Mateo County rules, the San Mateo County rules shall apply.
Note: Authority cited: Section 4516.5, Public ResourcesCode. Reference: Section 4516.5, Public Resources Code. (continued)