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(continued)
(3) For stands harvested in compliance wit 14 CCR 933.3(a)(1)(A), the trees to be harvested or the trees to be retained shall be marked by or under the supervision of an RPF prior to felling operations. For all thinning proposals, a sample area must be marked prior to a preharvest inspection for evaluation. The sample area shall include at least 10% of the thinning area up to a maximum of 20 acres per stand type which is representative of the range of conditions present in the area. The Director may waive the marking requirements for the remainder of the THP area when explained and justified in the THP.
(4) Within six months following completion of timber operations as described in the plan, a report of stocking shall be filed as stated in PRC Section 4587.
(b) Sanitation-Salvage. Sanitation is the removal of insect-attacked or diseased trees in order to maintain or improve the health of the stand. Salvage is the removal of only those trees which are dead, dying or deteriorating, because of the damage from fire, wind, insects, disease, flood or other injurious agents. Salvage provides for the economic recovery of trees prior to a total loss of their wood product value. Sanitation and salvage may be combined into a single operation. The following requirements apply to the use of the sanitation-salvage treatment:
(1) The RPF shall estimate in the THP the expected level of stocking to be retained upon completion of operations.
(2) Immediately upon completion of operations, the area shall meet the stocking standards of 14 CCR 932.7(b) unless explained and justified in the plan. If stocking is to be met immediately following completion of timber operations, a report of stocking shall be filed within six months of completion. If this standard cannot be met, the area must be planted during the first planting season following completion of operations and the minimum stocking standards of 14 CCR 932.7(b)(1) must be met within 5 years following completion of operations.
(3) Trees to be harvested or trees to be retained shall be marked by or under the supervision of an RPF prior to felling operations. When openings greater than .25 acres will be created, the boundaries of the small group(s) may be designated in lieu of marking individual trees within the small group areas. A sample area must be marked prior to a preharvest inspection for evaluation. The sample area shall include at least 10% of the area, up to a maximum of 20 acres per stand type, whichever is less, which is representative of the range of conditions present in the area. The Director may waive the marking requirement for the remainder of the THP area when explained and justified in the THP.
Note: Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4582(d), (h) and 4587, Public Resources Code.
s 933.4. Special Prescriptions.
The following special harvesting methods are appropriate under certain conditions:
(a) Special Treatment Area Prescriptions. Special consideration in Special Treatment Areas shall be given to selection of a regeneration method or intermediate treatment compatible with the objectives for which the special area was established. Such areas shall be identified in the plan. To assure the integrity of legally designated historical and archaeological sites and legally designated ecological reserves, and that the objectives of the special treatment areas are met, the RPF and the Director may agree, after on-the-ground inspection, if requested by either party, on specific silvicultural and logging practices to protect such areas. The Director shall notify affected agencies or groups with expertise in the resource involved in the special treatment area of any such areas located during the THP review process.
(b) Rehabilitation for Understocked Area Prescription. Rehabilitation is a procedure for restoring and enhancing the productivity of commercial timberlands which do not meet the stocking standards in 14 CCR 952.7, prior to any timber operations. On such lands an area may be harvested provided it is restocked in accordance with Subsections (1) or (2). To facilitate restocking, a regeneration plan must be included in the THP. The regeneration plan shall include site preparation, method of regeneration, and other information appropriate to evaluate the plan.
(1) If the area meets the standards of 14 CCR 932.7 within five years of completion of timber operations, the area shall be considered acceptably stocked, or shall be considered acceptably stocked if it contains at least 10 planted countable trees for each tree harvested on sites I, II, and III, and 5 planted countable trees for each tree harvested on site IV and V.
(2) On understocked timber lands where no countable conifer trees are to be harvested and the broadleaf species are not designated for management, the area shall be planted to equal or exceed the stocking standards of 14 CCR 932.7(b)(1) and shall be considered acceptably stocked if within five years of completion of timber operations it contains at least an average point count of 150 of Group A species on all site classifications.
(c) Fuelbreak/Defensible Space. Where some trees and other vegetation and fuels are removed to create a shaded fuel break or defensible space in an area to reduce the potential for wildfires and the damage they might cause. Minimum stocking standards within the timber operating area shall be met immediately after harvest and shall be those found in 14 CCR 932.7. The RPF shall describe in the plan specific vegetation and fuels treatment, including timing, to reduce fuels to meet the objectives of the Community Fuelbreak area.
(d) Variable Retention. Variable retention is an approach to harvesting based on the retention of structural elements or biological legacies (trees, snags, logs, etc.) from the pre-harvest stand for integration into the post-harvest stand to achieve various ecological, social and geomorphic objectives. The major variables in the variable retention harvest system are retention types, densities, and spatial arrangement of retained structures; aggregated retention is the retention of structures or biological legacies as intact forest patches within the harvest unit; dispersed retention is the retention of structures or biological legacies in a dispersed or uniform pattern. Retained trees may be intended to become part of future stands managed by the Selection regeneration method. Retained trees are often designated as decadent tree or snag recruitment hence not ever intended for harvest. Regeneration after harvest outside of aggregated retention patches may be obtained by direct seeding, planting, sprouting, or by natural seedfall.
(1) In the plan, the RPF shall describe in sufficient detail to provide for review and evaluation: the trees and elements retained, the objectives intended to be achieved by retention, the distribution and quantity of retained trees, the intended time period of retention, and any potential future conditions or events the RPF believes would allow harvest of retained trees. The RPF may explain and justify, and the Director may approve a plan which indicates up to 50% of retained trees are intended for harvest during future Intermediate Treatments of the regenerated portion of the harvest area where such harvest(s) are consistent with stated Variable Retention objectives.
(2) The retention standards for Dispersed Retention shall be measured in average basal area per acre. Where retention is aggregated in groups (greater than or equal to one-tenth acre), percentage of harvest unit area shall be the standard. Sum of all areas within groups divided by harvest unit acres will be used to determine percentage of aggregated retention in the harvest unit. Area and trees located within any standard width WLPZ will be excluded from calculating retention.
(3) The following retention standards shall be met:
(A) Minimum dispersed Variable Retention standard is 20 percent of the Resource Conservation Standards basal area levels stated in 14 CCR s 932.7(b) (2), 10 percent of harvest area in aggregated retention or combinations thereof. Variable Retention harvests at the minimum retention level shall be limited to 30 acres.
(B) Table 1 shall be used for Determining the Maximum Size Harvest Area for Variable Retention. For areas with a combination of dispersed and aggregated retention types for determination of permissible unit size, the percentage of basal area in dispersed retention portions of the combination area may be reduced proportionately to the area in aggregated retention indicated in Table 1.
Table 1
Dispersed Retention Aggregated Maximum Size
Retention Harvest Area
>20% of 932.7(b)(2) >10% Area 30 Acres
>30% of 932.7(b)(2) >15% Area 40 Acres
>35% of 932.7(b)(2) >20% Area 60 Acres
>45% of 932.7(b)(2) >25% Area 80 Acres
>55% of 932.7(b)(2) >30% Area 120 Acres
>75% of 932.7(b)(2) >40% Area 200 Acres
(C) Aggregated retention areas that conform to the definition of Late Succession Forest Stands under 14 CCR s 895.1, with the exception of the minimum 20 acre threshold size, may be counted as contributing 1.5 times the acres they actually occupy toward providing retention.
(D) Retention trees classified as Dunning's Class 3, 4, 5, or 7 which exceed the size standards of 14 CCR s 932.7 may be counted as contributing 1.5 times their actual basal area toward providing retention.
(E) Retention standards shall be met on each 20-acre maximum area(s) within each harvest unit. Retention standards may be met by either dispersed, aggregated or a combination of the two types of retention.
(F) Unless explained and justified by the RPF in the plan, and approved by the Director, no point within the harvest area where retention standards are met by dispersed retention shall be more than 300 feet from a retention tree.
(G) With the exception of 14 CCR s 933.4(d)(3)(J) below, the average height of dispersed retention trees shall be at least (the average height of dominants and codominants of like species in the pre-harvest stand.
(H) For areas where the plan relies on natural seedfall to obtain regeneration, dispersed retention trees shall meet the standards of 14 CCR s 933.1(c)(1). Where retention is aggregated, retained aggregates shall meet the standards of Commercial Thinning required under 14 CCR s 933.3(a) including (a)(1)(A) or (a)(1)(B).
(I) Where specific WHR habitat elements are insufficient to provide functional wildlife habitat, the RPF may explain and justify and the Director may approve alternatives to the standards of subsections 14 CCR s 933.4(d)(3)(G) and (H).
(J) Decadent and Deformed Trees of Value to Wildlife, and Snags which meet the standards of 14 CCR s 932.7(b)(3)(A,B or C) and 14 CCR s 932.7(c) may be counted to meet up to 15 square feet of basal area per acre of retention in excess of the minimum variable retention standards (ref. 14 CCR s 933.4(d)(3)(A)).
(K) Trees shall be retained for at least 50 years unless a shorter period of time is described in the plan, explained and justified by the RPF, and approved by the Director.
(4) Retention standards shall be met immediately after harvest and if retention trees are to be used to meet stocking, at the time the stocking report is approved.
(5) The stocking standards of 14 CCR s 932.7(b)(1) within five years following completion of operations.
(6) Retention trees shall be protected to the extent feasible during timber operations consistent with 14 CCR ss 934.1; 934.2(e); 934.3; 935.2; 935.3 and 937.7.
(7) The plan shall indicate the estimated average pre-harvest and post-harvest basal area by species and diameter class. Diameter class designations shall be grouped in no greater than 6"classes.
(8) Where retention is aggregated in groups, the RPF shall provide in the plan a general description of group locations and/or a map showing the approximate location of the groups. This information shall be provided for each logging unit.
(9) All trees to be harvested or all retention trees shall be marked by, or under the supervision of, an RPF prior to felling operations. Where timber harvesting does not occur within retained aggregates, the boundaries of retained aggregates may be designated in lieu of marking individual trees within retained aggregates. A sample area must be marked prior to a pre-harvest inspection for evaluation. The sample area shall include at least 10% of the harvest area for each stand type represented in the range of conditions present in the area. Where necessary to evaluate the proposed retention, the Director may require additional marking before plan approval.
(10) To facilitate restocking, a regeneration plan must be included in the plan. The regeneration plan shall include site preparation, method of regeneration, and other information appropriate to evaluate the plan. Site preparation activities shall be designed to protect retention elements and maintain ground cover to the extent practicable while at the same time result in seedling establishment on the site and encourage long-term site occupancy of the regenerated trees.
(11) Another Variable Retention harvest may not be applied to the Variable Retention harvest area for at least 50 years for Class I, 60 years for Class II or III, or 80 years for Class IV and V site class lands after acceptance by the Director of the completion report except as specified in: (i) a THP that has been approved pursuant to 14 CCR s 933.11(a), (ii) an SYP, (iii) a PTEIR or, (iv) an NTMP).
(12) Within ownership boundaries, no logical logging unit contiguous to a previously harvested Variable Retention harvest area may be harvested by a Variable Retention method unless the previously harvested Variable Retention unit has an approved report of stocking and the dominant and codominant trees, not counting retention trees, average at least five years of age or average at least five feet tall and three years of age from the time of establishment on the site either by the planting or by natural regeneration. If these standards are to be met with trees that were present at the time of the harvest, there shall be an interval of not less than five years following the completion of operations before adjacent Variable Retention management may occur.
(13) A Regeneration Method Used in Evenaged Management, other than Shelterwood Preparatory Step, may not be applied to the Variable Retention harvest area for at least 50 years for Class I, 60 years for Class II or III, or 80 years for Class IV and V site class lands after acceptance by the Director of the completion report.
(14) Within an ownership, at least 10 years must pass after a Variable Retention harvest that exceeds the size standards of 14 CCR s 933.1(a)(2) before a Regeneration Method Used in Evenaged Management, other than Shelterwood Preparatory Step, may occur in an adjacent logical harvest area.
(15) Within an ownership, the separation requirements and adjacency limitations of 14 CCR s 933.1(a)(3, 6 and 7) shall apply equally to Variable Retention harvest areas and evenaged regeneration units.
(16) Alternative Prescriptions proposed under 14 CCR s 933.6 may not reference Variable Retention as the most nearly feasible method (ref. 14 CCR s 933.6(b)(3 and 4)). Alternative Prescriptions which approach but do not fully meet the minimum standards of Variable Retention shall be considered Alternatives to a Regeneration Method Used in Evenaged Management.
Note: Authority cited: Sections 4551, 4553 and 4561, Public Resources Code. Reference: Section 4582.5, Public Resources Code.
s 933.5. Stocking Status.
Under any regeneration method where artificial regeneration is specified in the plan to restock the logged area, a preliminary report on the degree of stocking shall be submitted to the Director annually, between October 1 and December 31, beginning two years following completion of logging by the timber owner or his/her agent until the stocking standard of 14 CAC 932.7 is met or exceeded or as otherwise required. This report shall indicate the degree of stocking achieved and any additional measures to be taken to stock the logged area.
Note: Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4561, 4587 and 4588, Public Resources Code.
s 933.6. Alternative Prescription.
(a) An alternative prescription shall be included in a THP when, in the judgment of the RPF, an alternative regeneration method or intermediate treatment offers a more effective or more feasible way of achieving the objectives of Section 933 than any of the standard silvicultural methods provided in this Article.
(b) An alternative prescription, as defined in 14 CAC 895.1, shall normally contain at least the following information:
(1) A description of the stand before timber operations, including:
(A) The RPF's professional judgment of the species composition of the stand before harvest.
(B) The RPF's professional judgment of the current stocking on the area expressed in basal area or a combination of basal area and point count.
(C) The RPF's estimate of the basal area per acre to be removed from the stand during harvest.
(2) A description of stand management constraints such as animal, insect, disease, or other natural damage, competing vegetation, harsh site conditions, or other problems which may affect stand management.
(3) A statement of which silvicultural method in the current District rules is most nearly appropriate or feasible and an explanation of why it is not appropriate or feasible.
(4) An explanation of how the proposed alternative prescription will differ from the most nearly feasible method in terms of securing regeneration; protection of soil, water quality, wildlife habitat, and visual appearance; and in terms of fire, insect and disease protection.
(5) A description of the stand expected after completion of timber operations, including the following:
(A) The management objective under which the post-harvest stand is to be managed (even-aged, uneven-aged, or neither);
(B) The desired tree species composition of the post-harvest stand and the RPF's judgment as to the remaining stocking after harvest expressed as basal area or a combination of basal area and point count.
(6) The treatment of the stand to be used in harvesting including:
(A) The guidelines to be used in determining which trees are to be harvested or left;
(B) The type of field designation to be followed, such as marking, sample marking of at least 20 percent of the trees to be harvested or left, professional supervision of fallers or other methods; and
(C) The site preparation and regeneration method and time tableto be used for restocking.
(c) If an alternative prescription will have the practical on-the-ground effect of a clearcut, regardless of name or description, then the acreage limitations, and requirement for separation by a typical logging unit, yarding equipment limitations, exceptions and stocking requirements for the clearcut regeneration method shall apply.
(d) All trees to be harvested or all trees to be retained shallbe marked by, or under the supervision of, an RPF prior to harvest. A sample area must be marked prior to the preharvest inspection for evaluation. The sample area shall include at least 10% of the harvest area to a maximum of 20 acres per stand type which is representative of the range of conditions present in the area. The Director may waive the requirements for the remainder of the area when explained and justified by the RPF in the THP.
(e) The Director shall approve the alternative if in his judgment it complies with 14 CCR 898 and if, considering the entire area to which the alternative is to be applied, it would: (1) when compared with the standard most closely related method identified in subsection (b)(3) above have the effect equal to or more favorable than such standard method would achieve in the areas of values relating to soil, the quality and beneficial uses of water, wildlife and fisheries,
(2) not create a significant adverse change in range and forage, and recreation and aesthetic values; and
(3) not reduce the after harvest stocking standards or evenaged prescription limitation below the most closely associated standard, unless the RPF demonstrates that either:
(A) the harvest will result in stand conditions that will increase long term sustained yield as compared to the long term sustained yield achieved by utilizing the stocking standards of the method identified in subsection (b)(3); or
(B) the yield over 20 years of a "No Harvest" alternative would be less than the yield over 20 years of the proposed alternative.
(4) not lead to the direct or indirect conversion of the timberland to other land uses not associated with timber growing and harvesting and compatible uses unless a timberland conversion permit is approved before submission of the THP; and
(5) not result in violations of any of the other standards in the rules of the Board.
Note: Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5 and 4561, Public Resources Code.
s 933.7. Exceptions.
The requirements of this article shall not prohibit the timber operator from cutting or removing trees for purposes of:
(a) Clearing the rights-of-way, log landings, campsites, or firebreaks necessary for the conduct of timber operations.
(b) The harvesting of Christmas trees and construction of an integral part of a public fire protection agency fuelbreak are also permitted.
Note: Authority cited: Section 4551, Public Resources Code, Reference: Section 4584, Public Resources Code.
s 933.8. Report of Stocking.
Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4587 and 4590, Public Resources Code.
s 933.9. Exceptions.
Note: Authority cited: Section 4551, Public Resources Code. Reference: Section 4584, Public Resources Code.
s 933.10. Timberland Productivity.
The goal of this section is to restore, enhance and maintain the productivity of the state's timberlands, where feasible.
(a) Where feasible, the productivity of timberlands shall be maintained on a site-specific basis by
(1) meeting the stocking standards of the selected silvicultural or regeneration method, or that level of stocking above the minimum that will achieve long term sustained yield (LTSY) that is proposed in 913.11 a or b.
(2) proposing and implementing an appropriate silvicultural system and regeneration method for the site,
(3) protecting the soil resource and its ability to grow commercial tree species and provide sustainable associated forest values.
(b) Timberland productivity is restored by mitigating the adverse effects of catastrophic events or previous land use activities in order to improve the site capacity to grow for harvest commercial tree species and provide forest values.
(c) Timberland productivity is enhanced by such means as planting, thinning, stand manipulation, stream channel improvement, or other techniques that will lead to increased tree growth and yield, accumulation of growing stock and production of associated forest values.
(d) Measures implemented to mitigate or avoid adverse environmental impacts of timber harvesting contribute to restoration and enhancement of timberland productivity. Plan submitters are encouraged, but not required, to undertake additional measures to restore and enhance timberland productivity. CDF may advise plan submitters of measures which could be undertaken at the plan submitters' option to further restore and enhance timberland productivity.
(e) This section does not impose any additional obligation on owners of timberlands where wildfires, insects, disease, wind, flood, or other blight caused by an act of nature reduces stocking levels below any applicable stocking requirements.
Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513, 4551.5, 4561 and 21080.5, Public Resources Code.
s 933.11. Maximum Sustained Production of High Quality Timber Products.
The goal of this section is the achieve Maximum Sustained Production of High Quality Timber Products (MSP). MSP is achieved by meeting the requirements of either (a) or (b) or (c) in a THP, SYP or NTMP, or as otherwise provided in Article 6.8.
(a) Where a Sustained Yield Plan (14 CCR s 1091.1) or Nonindustrial Timber Management Plan (NTMP) has not been approved for an ownership, MSP will be achieved by:
(1) Producing the yield of timber products specified by the landowner, taking into account biologic and economic factors, while accounting for limits on productivity due to constraints imposed from consideration of other forest values, including but not limited to, recreation, watershed, wildlife, range and forage, fisheries, regional economic vitality, employment and aesthetic enjoyment.
(2) Balancing growth and harvest over time, as explained in the THP for an ownership, within an assessment area set by the timber owner or timberland owner and agreed to by the Director. For purposes of this subsection the sufficiency of information necessary to demonstrate the balance of growth and harvest over time for the assessment area shall be guided by the principles of practicality and reasonableness in light of the size of the ownership and the time since adoption of this section using the best information available. The projected inventory resulting from harvesting over time shall be capable of sustaining the average annual yield achieved during the last decade of the planning horizon. The average annual projected yield over any rolling 10-year period, or over appropriately longer time periods for ownerships which project harvesting at intervals less frequently than once every ten years, shall not exceed the projected long-term sustained yield.
(3) Realizing growth potential as measured by adequate site occupancy by species to be managed and maintained given silvicultural methods selected by the landowner.
(4) Maintaining good stand vigor.
(5) Making provisions for adequate regeneration. At the plan submitters option, a THP may demonstrate achievement of MSP pursuant to the criteria established in (b) where an SYP has been submitted but not approved.
(b) Where a SYP or NTMP is submitted for an ownership, an approved SYP or NTMP achieves MSP by providing sustainable harvest yields established by the landowner which will support the production level of those high quality timber products the landowner selects while at the same time:
(1) meeting minimal stocking, and basal area standards for the selected silvicultural methods as provided in these rules as described;
(2) protecting the soil, air, fish and wildlife, water resources and any other public trust resources;
(3) giving consideration to recreation, range and forage, regional economic vitality, employment and aesthetic enjoyment;
(4) balancing growth and harvest over time. The projected inventory resulting from harvesting over time shall be capable of sustaining the average annual yield achieved during the last decade of the planning horizon. The average annual projected yield over any rolling 10-year period, or over appropriately longer time periods for ownerships which project harvesting at intervals less frequently than once every ten years, shall not exceed the projected long-term sustained yield. A THP which relies upon and is found to be consistent with an approved SYP shall be deemed adequate to achieve MSP.
(c) In a THP or NTMP, MSP is achieved by:
(1) for evenage management, meeting the minimum stand age standards of 14 CCR s 933.1(a)(1), meeting minimum stocking and basal area standards for the selected silvicultural methods as contained in these rules only with group A species, and protecting the soil, air, fish and wildlife, water resources and other public trust resources through the application of these rules; or
(2) for unevenaged management, complying with the seed tree retention standards pursuant to 14 CCR ss 933.1(c)(1)(A) or 933.2(b)(6), meeting minimum stocking and basal area standards for the selected silvicultural methods as contained in these rules only with group A species, and protecting the soil, air, fish and wildlife, water resources and other public trust resources through the application of these rules.
(3) for intermediate treatments and special prescriptions, complying with the stocking requirements of the individual treatment or prescription.
(4) Timberland ownerships totaling 50,000 acres or less may use subsection (c) to show MSP.
(5) Timberland ownerships of 50,000 acres or more may use subsection (c) through December 31, 1999. Thereafter they may use subsection (c) if an SYP or demonstration of achievement of MSP pursuant to 14 CCR s 933.11(a) has been filed with the department and has not been returned unfiled or approved.
(6) For scattered parcels on timberland ownerships of 50,000 acres or more, subsection (c) may be used to show MSP.
Note: Authority cited: Sections 4551 and 4554.5, Public Resources Code. Reference: Sections 4513, 4551.5, 4561 and 21080.5, Public Resources Code.
s 934. Purposes.
Timber operations shall be conducted to: meet the goal of maximum sustained production of high quality timber products; to minimize breakage of merchantable timber; prevent unreasonable damage to residual trees, fish and wildlife habitat as identified in the THP or contained in the rules, reproduction, and riparian vegetation; to prevent degradation of the quality and beneficial uses of water; and to maintain site productivity by minimizing soil loss. The following provisions shall be applied in a manner which achieves this standard.
Note: Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: 33 U.S.C.A. Section 1288; Sections 4512, 4513, 4514.3, 4527, 4562.7 and 4582, Public Resources Code.
s 934.1. Felling Practices.
The following standards are applicable to felling practices:
(a) To the fullest extent possible and with due consideration given to topography, lean of trees, landings, utility lines, local obstructions, and safety factors, trees shall be felled to lead in a direction away from watercourses and lakes.
(b) Desirable residual trees and tree seedlings of commercial species, and those oak trees requiring protection pursuant to 14 CAC 953.10 shall not be damaged or destroyed by felling operations, except where unavoidable due to safety factors, lean of trees, location of obstructions or roads, or lack of sufficient openings to accommodate felled trees.
(c) Trees shall be felled in conformance with watercourse and lake protection measures incorporated in timber harvesting plans and consistent with Article 6 of these rules.
(d) Felling practices shall conform to requirements of 914.4, 934.4, 954.4 to protect bird nesting sites.
Note: Authority cited: Sections 4551, 4551.5, 4553, 4562.5 and 4562.7, Public Resources Code. Reference: Sections 4512, 4513, 4562.5, 4562.7, 4581, 4582 and 4582.5, Public Resources Code.
s 934.2. Tractor Operations.
The following standards are applicable to tractor operations:
(a) Tractor operations shall be conducted in a manner which complies with 14 CCR 934.
(b) Tractor, or other heavy equipment which is equipped with a blade, shall not operate on skid roads or slopes that are so steep as to require the use of the blade for braking.
(c) Tractor roads shall be limited in number and width to the minimum necessary for removal of logs. When less damage to the resource specified in 14 CCR 934 will result, existing tractor roads shall be used instead of constructing new tractor roads. The RPF may propose exceptions for silvicultural reasons when explained and justified in the THP.
(d) Heavy equipment shall not operate on unstable areas. If such areas are unavoidable, the RPF shall develop specific measures to minimize the effect of operations on slope instability. These measures shall be explained and justified in the plan and approved by the Director, and must meet the requirements of 14 CCR 934.
(e) Slash and debris from timber operations shall not be bunched adjacent to residual trees required for silvicultural or wildlife purposes or placed in locations where they could be discharged intoa Class I or II watercourse, or lake.
(f) Tractor operations shall be subject to the following limitations:
(1) Heavy equipment shall be prohibited where any of the following conditions are present:
(i) slopes steeper than 65%
(ii) slopes steeper than 50% where the erosion hazard rating is high or extreme
(iii) slopes over 50% which lead without flattening to sufficiently dissipate water flow and trap sediment before it reaches a watercourse or lake.
(2) On slopes between 50 percent and 65 percent where the erosion hazard rating is moderate, and all slope percentages are for average slope steepness based on sample areas that are 20 acres, or less if proposed by the RPF or required by the Director, heavy equipment shall be limited to:
(i) existing tractor roads that do not require reconstruction, or
(ii) new tractor roads that have been flagged by an RPF or supervised designee prior to use.
(3) The RPF may propose exceptions to the limitations on tractor operations described above if the proposed exception will comply with 14 CCR 934, and if the THP both clearly explains the proposed exception and justifies why application of the standard rule is either not feasible, or would not comply with 14 CCR 934. The location of tractor roads to be used under such exceptions shall beflagged prior to the pre-harvest inspection or, when a pre-harvest inspection is not required, prior to the start of timber operations.
(g) Where tractor roads are constructed, timber operators shalluse tractor roads only, both for skidding logs to landings and on return trips.
(h) Timber operators shall exercise due diligence so that desirable residual trees and seedlings will not be damaged or destroyed in tractor operations.
(i) Where waterbreaks cannot effectively disperse surface runoff, other erosion controls shall be installed as needed.
Note: Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4562.5, 4562.7 and 4582, Public Resources Code.
s 934.3. Cable Yarding.
The following standards are applicable to cable yarding:
(a) Due diligence shall be exercised in the installing, and operating, of cable lines so that residual trees will not incur unreasonable damage by such installation or use.
(b) Residual trees required to be left upon completion of timber operations shall not be used for rub trees, corner blocks, rigging or other cable ties unless effectively protected from damage.
(c) The practice of tight-lining for the purpose of changing location of cable lines is prohibited unless such practice can be carried on without damaging residual trees.
(d) Cable yarding settings shall take maximum advantage of the natural topography and timber types so that yarding operations will protect residual trees.
(e) Tractors shall not be used in areas designated for cable yarding except to pull trees away from streams, to yard logs in areas where deflection is low, where swing yarding is advantageous, to construct firebreaks and/or layouts, and to provide tail-holds. Such exception(s) shall be explained and justified in the THP, and require Director's approval.
Note: Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4562.5, 4562.7 and 4582, Public Resources Code.
s 934.5. Servicing of Logging Equipment, Disposal of Refuse, Litter, Trash and Debris.
The following standards shall be adhered to in servicing logging equipment and disposing of refuse, litter, trash and debris:
(a) Equipment used in timber operations shall not be serviced in locations where servicing will allow grease, oil, or fuel to pass into lakes or watercourses.
(b) Non-biodegradable refuse, litter, trash, and debris resulting from timber operations, and other activity in connection with the operations shall be disposed of concurrently with the conduct of timber operations.
Note: Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512 and 4513, Public Resources Code.
s 934.6. Waterbreaks [Effective until 1-1-2000].
The following standards are applicable to the construction of waterbreaks:
(a) All waterbreaks shall be installed no later than the beginning of the winter period of the current year of timber operations, except as otherwise provided for in the rules.
(b) Waterbreaks shall be constructed concurrently with the construction of firebreaks and immediately upon conclusion of use of tractor roads, roads, layouts, and landings which do not have permanent and adequate drainage facilities, or drainage structures.
(c) Distances between waterbreaks shall not exceed the following standards:
MAXIMUM DISTANCE BETWEEN WATERBREAKS
-------------------------------------------------------------------------------
Estimated U.S. Equivalent Metric Measure
Measure
Hazard Road or Trail Road or Trail
Gradient Gradient
Rating 10 or 11-25 26-50 >50 10 or 11-25 26-50 >50
less less
-------------------------------------------------------------------------------
Feet Feet Feet Feet Meters Meters Meters Mete-
rs
Extreme 100 75 50 50 30.48 22.86 15.24 15.24
High 150 100 75 50 45.72 30.48 22.35 15.24
Moderate 200 150 100 75 60.96 45.72 30.48 22.35
Low 300 200 150 100 91.44 60.96 45.72 30.48
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The appropriate waterbreak spacing shall be based upon the erosion hazard rating and road or trail gradient.
(d) Cable roads that are so deeply cut as to divert and carry water away from natural drainage patterns for more than 100 feet shall have waterbreaks installed on them at 100 feet intervals, or other appropriate erosion control measures may be applied if specified in the plan.
(e) Waterbreaks shall be installed at all natural watercourses on tractor roads and firebreaks regardless of the maximum distances specified in this section except where permanent drainage facilities are provided.
(f) Waterbreaks shall be located to allow water to be discharged into some form of vegetative cover, duff, slash, rocks, or less erodible material wherever possible, and shall be constructed to provide for unrestricted discharge at the lower end of the waterbreak so that water will be discharged and spread in such a manner that erosion shall be minimized. Where waterbreaks cannot effectively disperse surface runoff, including where waterbreaks on roads and skid trail cause surface run-off to be concentrated on downslopes, roads or skid trails, other erosion controls shall be installed as needed to comply with 14 CCR 934.
(g) Waterbreaks shall be cut diagonally a minimum of 15.2 cm (6 inches) into the firm roadbed, cable road, skid trail or firebreak surface and shall have a continuous firm embankment of at least 15.2 cm (6 inches) in height immediately adjacent to the lower edge of the waterbreak cut. In the Southern Subdistrict of the Coast Forest District, on truck roads having firmly compacted surfaces, waterbreaks installed by hand methods need not provide the additional 15.2 cm (6 inch) embankment provided the waterbreak ditch is constructed so that it is at least 15.2 cm (6 inches) deep and 15.2 cm (6 inches) wide on the bottom and provided there is ample evidence based on slope, material amount of rainfall, and period of use that the waterbreaks so constructed will be effective in diverting water flow from the road surface without the embankment.
(h) Waterbreaks or any other erosion controls on skid trails, cable roads, layouts, firebreaks, abandoned roads, and site preparation areas shall be maintained during the prescribed maintenance period and during timber operations as defined in PRC sections 4527 and 4551.5 so that they continue to function in a manner which minimizes soil erosion and slope instability and which prevents degradation of the quality and beneficial uses of water. The method and timing of waterbreak repair and other erosion control maintenance shall be selected with due consideration given to protection of residual trees and reproduction and the intent of 14 CCR 914.
(i) The prescribed maintenance period for waterbreaks and any other erosion control facilities on skid trails, cable roads, layouts, firebreaks, abandoned roads, and site preparation areas, shall be at least one year.
The Director may prescribe a maintenance period extending as much as three years after filing of the work completion report in accordance with 14 CCR 1050.
Note: Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4562.5, 4562.7, and 4582, Public Resources Code.
s 934.6. Waterbreaks [Effective 1-1-2000].
The following standards are applicable to the construction of waterbreaks:
(a) except as otherwise provided for in the rules:
(1) All waterbreaks shall be installed no later than the beginning of the winter period of the current year of timber operations.
(2) Installation of drainage facilities and structures is required from October 15 to November 15 and from April 1 to May 1 on all constructed skid trails and tractor roads prior to sunset if the National Weather Service forecast is a "chance" (30% or more) of rain within the next 24 hours.
(b) Waterbreaks shall be constructed concurrently with the construction of firebreaks and immediately upon conclusion of use of tractor roads, roads, layouts, and landings which do not have permanent and adequate drainage facilities, or drainage structures.
(c) Distances between waterbreaks shall not exceed the following standards:
MAXIMUM DISTANCE BETWEEN WATERBREAKS
-------------------------------------------------------------------------------
Estimated U.S. Equivalent Metric Measure
Measure
Hazard Road or Trail Road or Trail
Gradient Gradient
Rating (in percent) (in percent)
10 or 11-25 26-50 >50 10 or 11-25 26-50 >50
less less
-------------------------------------------------------------------------------
Feet Feet Feet Feet Meters Meters Meters Mete-
rs
Extreme 100 75 50 50 30.48 22.86 15.24 15.24
High 150 100 75 50 45.72 30.48 22.35 15.24
Moderate 200 150 100 75 60.96 45.72 30.48 22.35
Low 300 200 150 100 91.44 60.96 45.72 30.48
-------------------------------------------------------------------------------
The appropriate waterbreak spacing shall be based upon the erosion hazard rating and road or trail gradient.
(d) Cable roads that are so deeply cut as to divert and carry water away from natural drainage patterns for more than 100 feet shall have waterbreaks installed on them at 100 feet intervals, or other appropriate erosion control measures may be applied if specified in the plan.
(e) Waterbreaks shall be installed at all natural watercourses on tractor roads and firebreaks regardless of the maximum distances specified in this section except where permanent drainage facilities are provided.
(f) Waterbreaks shall be located to allow water to be discharged into some form of vegetative cover, duff, slash, rocks, or less erodible material wherever possible, and shall be constructed to provide for unrestricted discharge at the lower end of the waterbreak so that water will be discharged and spread in such a manner that erosion shall be minimized. Where waterbreaks cannot effectively disperse surface runoff, including where waterbreaks on roads and skid trail cause surface run-off to be concentrated on downslopes, roads or skid trails, other erosion controls shall be installed as needed to comply with 14 CCR 934.
(g) Waterbreaks shall be cut diagonally a minimum of 15.2 cm (6 inches) into the firm roadbed, cable road, skid trail or firebreak surface and shall have a continuous firm embankment of at least 15.2 cm (6 inches) in height immediately adjacent to the lower edge of the waterbreak cut. In the Southern Subdistrict of the Coast Forest District, on truck roads having firmly compacted surfaces, waterbreaks installed by hand methods need not provide the additional 15.2 cm (6 inch) embankment provided the waterbreak ditch is constructed so that it is at least 15.2 cm (6 inches) deep and 15.2 cm (6 inches) wide on the bottom and provided there is ample evidence based on slope, material amount of rainfall, and period of use that the waterbreaks so constructed will be effective in diverting water flow from the road surface without the embankment.
(h) Waterbreaks or any other erosion controls on skid trails, cable roads, layouts, firebreaks, abandoned roads, and site preparation areas shall be maintained during the prescribed maintenance period and during timber operations as defined in PRC sections 4527 and 4551.5 so that they continue to function in a manner which minimizes soil erosion and slope instability and which prevents degradation of the quality and beneficial uses of water. The method and timing of waterbreak repair and other erosion control maintenance shall be selected with due consideration given to protection of residual trees and reproduction and the intent of 14 CCR 914.
(i) The prescribed maintenance period for waterbreaks and any other erosion control facilities on skid trails, cable roads, layouts, firebreaks, abandoned roads, and site preparation areas, shall be at least one year.
The Director may prescribe a maintenance period extending as much as three years after filing of the work completion report in accordance with 14 CCR 1050.
Note: Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4562.5, 4562.7, and 4582, Public Resources Code.
s 934.7. Timber Operations, Winter Period.
During the winter period:
(a) Mechanical site preparation and timber harvesting, shall not be conducted unless a winter period operating plan is incorporated in the timber harvesting plan and is followed, or unless the requirements of subsection (c) are met. Cable, helicopter and balloon yarding methods are exempted.
(b) The winter period operating plan shall include the specific measures to be taken in winter timber operations to minimize damage due to erosion, soil movement into watercourses and soil compaction from felling, yarding, loading, mechanical site preparation, and erosion control activities. A winter period operating plan shall address the following subjects:
(1) Erosion hazard rating.
(2) Mechanical site preparation methods.
(3) Yarding system (construction skid trails).
(4) Operating period.
(5) Erosion control facilities timing.
(6) Consideration of form of precipitation-rain or snow.
(7) Ground conditions (soil moisture condition, frozen).
(8) Silvicultural system-ground cover.
(9) Operations within the WLPZ.
(10) Equipment use limitations.
(11) Known unstable areas.
(c) In lieu of a winter period operating plan, the RPF can specify the following measures in the THP:
(1) Tractor yarding or the use of tractors of constructing layouts, firebreaks or other tractor roads shall be done only during dry, rainless periods where soils are not saturated.
(2) Erosion control structures shall be installed on all constructed skid trails and tractor roads prior to the end of the day if the U.S. Weather Service forecast is a "chance" (30 percent or more) of rain before the next day, and prior to weekend or other shutdown periods. The provisions of this subsection do not apply to mechanical site preparation.
(3) Site specific mitigation measures needed to comply with 14 CCR 934 for operations within the WLPZ and unstable areas during the winter period.
Note: Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4562.5, 4562.7 and 4582, Public Resources Code.
s 934.8. Tractor Road Watercourse Crossing.
Watercourse crossing facilities on tractor roads shall be planned, constructed, maintained, and removed according to the following standards:
(a) The number of crossings shall be kept to a minimum. Existing crossing locations shall be used wherever feasible.
(b) A prepared watercourse crossing using a structure such as a bridge, culvert, or temporary log culvert shall be used to protect the watercourse from siltation where tractor roads cross a watercourse in which water may be present during the life of the crossing.
(c) Crossing facilities on watercourses that support fish shall allow for unrestricted passage of all life stages of fish that may be present, and for unrestricted passage of water. Such crossing facilities shall be fully described in sufficient clarity and detail to allow evaluation by the review team and the public, provide direction to the LTO for implementation, and provide enforceable standards for the inspector.
(d) Watercourse crossing facilities not constructed to permanent crossing standards on tractor roads shall be removed before the beginning of the winter period. If a watercourse crossing is to be removed, it shall be removed in accordance with 14 CCR 943.3(d). (continued)