CCLME.ORG - DIVISION 1.5. DEPARTMENT OF FORESTRY AND FIRE PROTECTION

(continued)
5. Offsite mitigation measures that can be applied within or outside of the sensitive watershed area to offset adverse on-site impacts of timber operations. If such mitigation measures are proposed to protect the resources discussed in subdivision (a)(3)(A) and (B), they must occur in the same drainage. Such measures may include, but are not limited to, voluntary mitigation agreements among ownerships.
6. If needed, recommended alternatives to evaluate the implementation and effectiveness of mitigations required under this section.
7. Exemptions for ownerships, emergencies, or land-use classifications that are different than those provided in the current forest practice regulations and that may be applied in the watershed.
(d) Public hearing Process:
The Board shall consider the recommendations of the nominations review committee at a public hearing on classification of the planning watershed, which will be held within 60 days of receipt from the committee. The watershed nomination and recommendations of the committee will be made available to the public between the date of receipt by the Board and the public hearing. Recommendations adopted by the Board which have the effect of a regulation shall be processed in accordance with the Administrative Procedures Act (Section 11340. et seq. Gov. Code).

Note: Authority cited: Sections 4551, 4562.7, 21000(g) and 21160, Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 21000(b), (f), 21002 and 21002.1, Public Resources Code; and 33 USC 1288(b)(2)(F).

s 936.9. Protection and Restoration in Watersheds with Threatened or Impaired Values.
In addition to all other district Forest Practice Rules, the following requirements shall apply in any planning watershed with threatened or impaired values:
(a) GOAL - Every timber operation shall be planned and conducted to prevent deleterious interference with the watershed conditions that primarily limit the values set forth in 14 CCR 936.2(a) (e.g., sediment load increase where sediment is a primary limiting factor; thermal load increase where water temperature is a primary limiting factor; loss of instream large woody debris or recruitment potential where lack of this value is a primary limiting factor; substantial increase in peak flows or large flood frequency where peak flows or large flood frequency are primary limiting factors). To achieve this goal, every timber operation shall be planned and conducted to meet the following objectives where they affect a primary limiting factor:
(1) Comply with the terms of a Total Maximum Daily Load (TMDL) that has been adopted to address factors that may be affected by timber operations if a TMDL has been adopted, or not result in any measurable sediment load increase to a watercourse system or lake.
(2) Not result in any measurable decrease in the stability of a watercourse channel or of a watercourse or lake bank.
(3) Not result in any measurable blockage of any aquatic migratory routes for anadromous salmonids or listed species.
(4) Not result in any measurable stream flow reductions during critical low water periods except as part of an approved water drafting plan pursuant to 14 CCR 936.9(r).
(5) Consistent with the requirements of 14 CCR s 916.9(i), 14 CCR s 936.9(i), or 14 CCR s 956.9(i); protect, maintain, and restore trees (especially conifers), snags, or downed large woody debris that currently, or may in the foreseeable future, provide large woody debris recruitment needed for instream habitat structure and fluvial geomorphic functions.
(6) Consistent with the requirements of 14 CCR s 916.9(g), 14 CCR s 936.9(g), or 14 CCR s 956.9(g); protect, maintain, and restore the quality and quantity of vegetative canopy needed to: (A) provide shade to the watercourse or lake, (B) minimize daily and seasonal temperature fluctuations, (C) maintain daily and seasonal water temperatures within the preferred range for anadromous salmonids or listed species where they are present or could be restored, and (D) provide hiding cover and a food base where needed.
(7) Result in no substantial increases in peak flows or large flood frequency.
(b) Pre-plan adverse cumulative watershed effects on the populations and habitat of anadromous salmonids shall be considered. The plan shall specifically acknowledge or refute that such effects exist. Where appropriate, the plan shall set forth measures to effectively reduce such effects.
(c) Any timber operation or silvicultural prescription within 150 feet of any Class I watercourse or lake transition line or 100 feet of any Class II watercourse or lake transition line shall have protection, maintenance, or restoration of the beneficial uses of water or the populations and habitat of anadromous salmonids or listed aquatic or riparian-associated species as significant objectives.
Additionally, for evenaged regeneration methods and rehabilitation with the same effects as a clearcut that are adjacent to a WLPZ, a special operating zone shall retain understory and mid-canopy conifers and hardwoods. These trees shall be protected during falling, yarding and site preparation to the extent feasible. If trees that are retained within this zone are knocked down during operations, that portion of the trees that is greater than 6"in diameter shall remain within the zone as Large Woody Debris. The zone shall be 25 feet above Class I WLPZs with slopes 0-30% and 50 feet above Class I WLPZs with slopes > 30%.
(d)(1) The plan shall fully describe: (A) the type and location of each measure needed to fully offset sediment loading, thermal loading, and potential significant adverse watershed effects from the proposed timber operations, and (B) the person(s) responsible for the implementation of each measure, if other than the timber operator.
(2) In proposing, reviewing, and approving such measures, preference shall be given to the following: (A) measures that are both onsite (i.e., on or near the plan area) and in-kind (i.e., erosion control measures where sediment is the problem), and (B) sites that are located to maximize the benefits to the impacted portion of a watercourse or lake. Out-of-kind measures (i.e., improving shade where sediment is the problem) shall not be approved as meeting the requirements of this subsection.
(e) Channel zone requirements
(1) There shall be no timber operations within the channel zone with the following exceptions:
(A) timber harvesting that is directed to improve salmonid habitat through the limited use of the selection or commercial thinning silvicultural methods with review and comment by DFG.
(B) timber harvesting necessary for the construction or reconstruction of approved watercourse crossings.
(C) timber harvesting necessary for the protection of public health and safety.
(D) to allow for full suspension cable yarding when necessary to transport logs through the channel zone.
(E) Class III watercourses where exclusion of timber operations is not needed for protection of listed salmonids.
(2) In all instances where trees are proposed to be felled within the channel zone, a base mark shall be placed below the cut line of the harvest trees within the zone. Such marking shall be completed by the RPF that prepared the plan prior to the preharvest inspection.
(f) The minimum WLPZ width for Class I waters shall be 150 feet from the watercourse or lake transition line. Where a proposed THP is located within the Sacramento or San Joaquin river drainages, and the Director and DFG concur; the RPF may explain and justify other WLPZ widths on areas where even aged regeneration methods, seed tree removal, shelterwood removal, alternative prescriptions, or rehabilitation will not be utilized adjacent to watercourse and lake protection zones and where slopes are less than 30%.
(g) Within a WLPZ for Class I waters, at least 85 percent overstory canopy shall be retained within 75 feet of the watercourse or lake transition line, and at least 65 percent overstory canopy within the remainder of the WLPZ. The overstory canopy must be composed of at least 25% overstory conifer canopy post-harvest. Where a proposed THP is located within the Sacramento or San Joaquin river drainages, and the Director and DFG concur; the RPF may explain and justify other canopy retention standards on areas where even aged regeneration methods, seed tree removal, shelterwood removal, alternative prescriptions, or rehabilitation will not be utilized adjacent to watercourse and lake protection zones and where slopes are less than 30%.
Harvesting of hardwoods shall only occur for the purpose of enabling conifer regeneration.
(h) For Class I waters, any plan involving timber operations within the WLPZ shall contain the following information:
(1) A clear and enforceable specification of how any disturbance or log or tree cutting and removal within the Class I WLPZ shall be carried out to conform with 14 CCR 936.2(a) and 936.9(a).
(2) A description of all existing permanent crossings of Class I waters by logging roads and clear specification regarding how these crossings are to be modified, used, and treated to minimize risks, giving special attention to allowing fish to pass both upstream and downstream during all life stages.
(3) Clear and enforceable specifications for construction and operation of any new crossing of Class I waters to prevent direct harm, habitat degradation, water velocity increase, hindrance of fish passage, or other potential impairment of beneficial uses of water.
(i) Recruitment of large woody debris for aquatic habitat in Class I anadromous fish-bearing or restorable waters shall be ensured by retaining the ten largest dbh conifers (live or dead) per 330 feet of stream channel length that are the most conducive to recruitment to provide for the beneficial functions of riparian zones. The retained conifers shall be selected from within the THP area that lies within 50 feet of the watercourse transition line. Where the THP boundary is an ownership boundary, a class I watercourse, and the WLPZ on both sides of the watercourse currently meets the stocking standards listed under 14 CCR 932.7(b)(2); the five (5) largest dbh conifers (live or dead) per 330 feet of stream channel length that are the most conducive to recruitment to provide for the beneficial functions of riparian zones within the THP area shall be retained within 50 feet of the watercourse transition line.
The RPF may propose alternatives to substitute smaller diameter trees, trees that are more than 50 feet from the watercourse transition line, or other alternatives on a site specific basis. The RPF must explain and justify in the THP why the proposed alternative is more conducive to current and long-term Large Woody Debris recruitment, shading, bank stability, and the beneficial functions of riparian zones.
(j) Where an inner gorge extends beyond a Class I WLPZ and slopes are greater than 55%, a special management zone shall be established where the use of evenaged regeneration methods is prohibited. This zone shall extend upslope to the first major break-in-slope to less than 55% for a distance of 100 feet or more, or 300 feet as measured from the watercourse or lake transition line, which ever is less. All operations on slopes exceeding 65% within an inner gorge of a Class I or II watercourse shall be reviewed by a Registered Geologist prior to plan approval, regardless of whether they are proposed within a WLPZ or outside of a WLPZ.
(k) From October 15 to May 1, the following shall apply: (1) no timber operations shall take place unless the approved plan incorporates a complete winter period operating plan pursuant to 14 CCR 934.7(a), (2) unless the winter period operating plan proposes operations during an extended period with low antecedent soil wetness, no tractor roads shall be constructed, reconstructed, or used on slopes that are over 40 percent and within 200 feet of a Class I, II, or III watercourse, as measured from the watercourse or lake transition line, and (3) operation of trucks and heavy equipment on roads and landings shall be limited to those with a stable operating surface.
(l) Construction or reconstruction of logging roads, tractor roads, or landings shall not take place during the winter period unless the approved plan incorporates a complete winter period operating plan pursuant to 14 CCR 934.7(a) that specifically address such road construction. Use of logging roads, tractor roads, or landings shall not take place at any location where saturated soil conditions exist, where a stable logging road or landing operating surface does not exist, or when visibly turbid water from the road, landing, or skid trail surface or inside ditch may reach a watercourse or lake. Grading to obtain a drier running surface more than one time before reincorporation of any resulting berms back into the road surface is prohibited.
(m) All tractor roads shall have drainage and/or drainage collection and storage facilities installed as soon as practical following yarding and prior to either (1) the start of any rain which causes overland flow across or along the disturbed surface within a WLPZ or within any ELZ or EEZ designated for watercourse or lake protection, or (2) any day with a National Weather Service forecast of a chance of rain of 30 percent or more, a flash flood warning, or a flash flood watch.
(n) Within the WLPZ, and within any ELZ or EEZ designated for watercourse or lake protection, treatments to stabilize soils, minimize soil erosion, and prevent the discharge of sediment into waters in amounts deleterious to aquatic species or the quality and beneficial uses of water, or that threaten to violate applicable water quality requirements, shall be applied in accordance with the following standards:
(1) The following requirements shall apply to all such treatments.
(A) They shall be described in the plan.
(B) For areas disturbed from May 1 through October 15, treatment shall be completed prior to the start of any rain that causes overland flow across or along the disturbed surface.
(C) For areas disturbed from October 16 through April 30, treatment shall be completed prior to any day for which a chance of rain of 30 percent or greater is forecast by the National Weather Service or within 10 days, whichever is earlier.
(2) The traveled surface of logging roads shall be treated to prevent waterborne transport of sediment and concentration of runoff that results from timber operations.
(3) The treatment for other disturbed areas, including: (A) areas exceeding 100 contiguous square feet where timber operations have exposed bare soil, (B) approaches to tractor road watercourse crossings between the drainage facilities closest to the crossing, (C) road cut banks and fills, and (D) any other area of disturbed soil that threatens to discharge sediment into waters in amounts deleterious to the quality and beneficial uses of water, may include, but need not be limited to, mulching, rip-rapping, grass seeding, or chemical soil stabilizers. Where straw, mulch, or slash is used, the minimum coverage shall be 90%, and any treated area that has been subject to reuse or has less than 90% surface cover shall be treated again prior to the end of timber operations. The RPF may propose alternative treatments that will achieve the same level of erosion control and sediment discharge prevention.
(4) Where the undisturbed natural ground cover cannot effectively protect beneficial uses of water from timber operations, the ground shall be treated by measures including, but not limited to, seeding, mulching, or replanting, in order to retain and improve its natural ability to filter sediment, minimize soil erosion, and stabilize banks of watercourses and lakes.
(o) As part of the plan, the RPF shall identify active erosion sites in the logging area, assess them to determine which sites pose significant risks to the beneficial uses of water, assess them to determine whether feasible remedies exist, and address in the plan feasible remediation for all sites that pose significant risk to the beneficial uses of water.
(p) The erosion control maintenance period on permanent and seasonal roads and associated landings that are not abandoned in accordance with 14 CCR 943.3 shall be three years.
(q) Site preparation activities shall be designed to prevent soil disturbance within, and minimize soil movement into, the channels of watercourses. Prior to any broadcast burning, burning prescriptions shall be designed to prevent loss of large woody debris in watercourses, and vegetation and duff within a WLPZ, or within any ELZ or EEZ designated for watercourse or lake protection. No ignition is to occur within any WLPZ, or within any ELZ or EEZ designated for watercourse or lake protection. When burning prescriptions are proposed, the measures or burning restrictions which are intended to accomplish this goal shall be stated in the plan and included in any required burning permit. This information shall be provided in addition to the information required under 14 CCR 935.4.
(r) Water drafting for timber operations from within a channel zone of a natural watercourse or from a lake shall conform with the following standards:
(1) The RPF shall incorporate into the THP:
(A) a description and map of proposed water drafting locations,
(B) the watercourse or lake classification, and
(C) the general drafting location use parameters (i.e., yearly timing, estimated total volume needed, estimated total uptake rate and filling time, and associated water drafting activities from other THPs).
(2) On Class I and Class II streams where the RPF has estimated that:
(A) bypass flows are less than 2 cubic feet per second, or
(B) pool volume at the water drafting site would be reduced by 10%, or
(C) diversion rate exceeds 350 gallons per minute, or
(D) diversion rate exceeds 10% of the above surface flow; no water drafting shall occur unless the RPF prepares a water drafting plan to be reviewed and, if necessary a stream bed alteration agreement issued, by DFG and approved by the Director. The Director may accept the project description and conditions portion of an approved "Streambed Alteration Agreement" issued under the Fish and Game Code (F&GC 1600 et seq.) which is submitted instead of the water drafting plan described in 14 CCR s 916.9(r)(2)(D)(1-5).
The water drafting plan shall include, but not be limited to:
1. disclosure of estimated percent streamflow reduction and duration of reduction,
2. discussion of the effects of single pumping operations, or multiple pumping operations at the same location,
3. proposed alternatives and discussion to prevent adverse effects (e.g. reduction in hose diameter, reduction in total intake at one location, described allowances for recharge time, and alternative water drafting locations),
4. conditions for operators to include an operations log kept on the water truck containing the following information: Date, Time, Pump Rate, Filling Time, Screen Cleaned, Screen Conditions, and Bypass flow observations,
5. a statement by the RPF for a pre-operations field review with the operator to discuss the conditions in the water drafting plan.
(3) Intakes shall be screened in Class I and Class II waters. Screens shall be designed to prevent the entrainment or impingement of all life stages of fish or amphibians. Screen specifications shall be included in the plan.
(4) Approaches to drafting locations within a WLPZ shall be surfaced with rock or other suitable material to avoid generation of sediment.
(s) No timber operations are allowed in a WLPZ, or within any ELZ or EEZ designated for watercourse or lake protection, under emergency notices or exemption notices except for hauling on existing roads, road maintenance, operations conducted for public safety, construction or reconstruction of approved watercourse crossings, temporary crossings of dry Class III watercourses which do not require a "Streambed Alteration Agreement" under the Fish and Game Code or forest conditions requiring harvesting that is approved by a letter of concurrence from DFG.
(t) No salvage logging is allowed in a WLPZ without an approved HCP, an SYP, or an approved plan that contains a section that sets forth objectives, goals, and measurable results for streamside salvage operations.
(u) Nonstandard practices (i.e., waivers, exceptions, in-lieu practices, and alternative practices) shall comply with the goal set forth in subsection (a) above as well as with the other requirements set forth in the rules.
(v) The Director may approve alternatives provided the alternative practice will achieve the goal of this section. The Director shall not accept for inclusion in a plan any alternative practice as described in this section where two or more agencies listed in 4582.6 of the PRC and 14 CCR 1037.3 have submitted written comments which lead to the Director's conclusion that the proposed alternative will not meet the goal of this section and the agency(ies) participated in the review of the plan, including an on-the-ground inspection.
(w) Other measures that would effectively achieve the goal set forth in 14 CCR 936.9(a) may be approved in accordance with 14 CCR 936.6.
(x) The provisions of 14 CCR 936.9 shall not apply to a plan that is subject to an incidental take permit based upon an approved Habitat Conservation Plan that addresses anadromous salmonid protection.
(y) This section shall expire on December 31, 2007.

Note: Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code.

s 936.10. Domestic Water Supply Protection.
(a) When proposed timber operations may threaten to degrade a domestic water supply the Director shall evaluate any mitigations recommended prior to the close of the public comment period (PRC 4582.7) and shall require the adoption of those practices which are feasible and necessary to protect the quality and beneficial use of the supply.
(b) The Director may require a post-harvest evaluation of the effectiveness of the mitigations and practices designed to protect the domestic water supply as a condition of plan approval. The Director shall require an evaluation at the request of the California Regional Water Quality Control Board, or any affected water purveyor, if the necessity for the evaluation is supported by substantial evidence in the record. This evidence may include, but is not limited to, potential land failures, accelerated rate of road construction or harvesting within a watershed, concentration or intensity of harvesting activity near streams or springs. The design and implementation of the evaluation shall be done in consultation with the Director, appropriate RWQCB, and THP submitter, and the sufficiency of the information requested by the Director shall be judged in light of reasonableness and practicality.

Note: Authority cited: Sections 4551, 4562.7, 21000(g) and 21160, Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 21000(b), (f), 21002 and 21002.1, Public Resources Code; and 33 USC 1288(b)(2)(F).

s 936.11. Effectiveness and Implementation Monitoring.
(a) Where timber operations will be conducted within a WLPZ, the Director may require a post-harvest evaluation of the effectiveness of the mitigations and practices designed to protect the watercourse(s) or lake(s) as a condition of plan approval. The Director shall require such an evaluation if the necessity for the evaluation is supported by substantial evidence in the record. This evidence may include, but is not limited to, potential land failures, accelerated rate of road construction or harvesting within a watershed, concentration or intensity of harvesting activity near watercourses, and potential for accelerated windthrow. The design and implementation of the evaluation shall be done in consultation with the Director, the RWQCB or DFG, and THP submitter, and the sufficiency of the information requested by the Director shall be judged in light of reasonableness and practicality. The evaluation may utilize procedures including, but not limited, to:
(1) Procedures for effectiveness and implementation monitoring,
(2) Existing landowner monitoring programs, or
(3) Photographic monitoring
(b) This section shall expire on December 31, 2007.

Note: Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code.

s 936.12. Section 303(d) Listed Watersheds.
For any planning watershed in which timber operations could contribute to the pollutants or stressors which have been identified as limiting water quality in a water body listed pursuant to 303(d) Federal Clean Water Act, the following shall apply:
(a) The Department shall, in collaboration with the appropriate RWQCB and SWRCB, prioritize watersheds in which the following will be done: 1) conduct or participate in any further assessment or analysis of the watershed that may be needed, 2) participate in the development of Total Maximum Daily Load (TMDL) problem assessment, source assessment, or load allocations related to timber operations, and 3) if existing rules are deemed not to be sufficient, develop recommendations for watershed-specific silvicultural implementation, enforcement and monitoring practices to be applied by the Department.
(b) The Department shall prepare a report setting forth the Department's findings and recommendations from the activities identified pursuant to (a) above. The report shall be submitted to the Board and the appropriate RWQCB. The report shall be made available to the public upon request and placed on the Boards' website for a 90-day period.
(c) Where the Department has recommended that the adoption of watershed specific rules is needed, the Board shall consider that recommendation as a proposal for rulemaking under the Administrative Procedures Act (Section 11340 et. seq. Gov Code) and shall begin that process within 180 days following receipt of that report.
(d) These watershed specific rules shall be developed in collaboration with the appropriate RWQCB, the landowner(s) or designee with land in the planning watershed, and other persons or groups within the watershed, and may also be incorporated into a TMDL implementation plan.
(e) The watershed specific rules shall remain in effect until the water body has been removed from the 303(d) list, or that the Board finds, after consulting with the appropriate RWQCB, that timber operations are no longer a significant source of the pollutant or stressor that limits water quality in the listed water body.
(f) This section shall expire on December 31, 2007.

Note: Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code.

s 936.13. Interim Watershed Mitigation Addendum (IWMA).

Note: Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code;Natural Resources Defense Council, Inc. v. Arcata Natl. Corp.(1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; andLaupheimer v. State(1988) 200 Cal. App. 3d; Cal. Rptr. 82.

s 936.13.1. Consultation.

Note: Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code;Natural Resources Defense Council, Inc. v. Arcata Natl. Corp.(1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; andLaupheimer v. State(1988) 200 Cal. App. 3d; Cal. Rptr. 82.

s 936.13.2. IWMA Evaluation Area.

Note: Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code;Natural Resources Defense Council, Inc. v. Arcata Natl. Corp.(1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; andLaupheimer v. State(1988) 200 Cal. App. 3d; Cal. Rptr. 82.

s 936.13.3. Contents of IWMA

Note: Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code;Natural Resources Defense Council, Inc. v. Arcata Natl. Corp.(1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; andLaupheimer v. State(1988) 200 Cal. App. 3d; Cal. Rptr. 82.

s 936.13.4. Standards for IWMA Preparation.

Note: Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code;Natural Resources Defense Council, Inc. v. Arcata Natl. Corp.(1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; andLaupheimer v. State(1988) 200 Cal. App. 3d; Cal. Rptr. 82.

s 936.13.5. Submission of an IWMA as Part of a Plan

Note: Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code;Natural Resources Defense Council, Inc. v. Arcata Natl. Corp.(1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; andLaupheimer v. State(1988) 200 Cal. App. 3d; Cal. Rptr. 82.

s 936.13.6. Compliance Monitoring and Expanded Completion Report.

Note: Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code;Natural Resources Defense Council, Inc. v. Arcata Natl. Corp.(1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; andLaupheimer v. State(1988) 200 Cal. App. 3d; Cal. Rptr. 82.

s 936.13.7. Subsequent Plans Within the IWMA Area.

Note: Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code;Natural Resources Defense Council, Inc. v. Arcata Natl. Corp.(1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; andLaupheimer v. State(1988) 200 Cal. App. 3d; Cal. Rptr. 82.

s 936.13.8. Equivalent Analysis.

Note: Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code;Natural Resources Defense Council, Inc. v. Arcata Natl. Corp.(1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; andLaupheimer v. State(1988) 200 Cal. App. 3d; Cal. Rptr. 82.

s 937. Hazard Reduction.
This article shall provide standards for the treatment of snagsand logging slash in order to reduce the fire and pest safety hazards in the logging area, to protect such area from potential insect and disease attack, and to prepare the area for natural or artificial reforestation while retaining wildlife habitat.

Note: Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.

s 937.1. Snag Disposal and Retention.

Note: Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.

s 937.2. Treatment of Logging Slash to Reduce Fire Hazard in the Northern Forest District.
The following standards shall apply to the treatment of slash created by timber operations within the plan area and on roads adjacent to the plan area, but excluding appertenant roads. Lopping for fire hazard reduction is defined in 14 CCR 895.1.
(a) Slash to be treated by piling and burning shall be treated not later than April 1 of the year following its creation, or within 30 days following climatic access, or as justified in the plan.
(b) Within 100 feet of the edge of the traveled surface of public roads, and within 50 feet of the edge of the traveled surface of permanent private roads open for public use where permission to pass is not required, slash created and trees knocked down by road construction or timber operations shall be treated by lopping for fire hazard reduction, piling and burning, chipping, burying or removal from the zone.
(c) All woody debris created by timber operations greater than one inch but less then eight inches in diameter within 100 feet of permanently located structures maintained for human habitation shall be removed or piled and burned; all slash created between 100-200 feet of permanently located structures maintained for human habitation shall be lopped for fire hazard reduction, removed, chipped or piled and burned; lopping may be required between 200-500 feet where unusual fire risk or hazard exists as determined by the Director or the RPF.
(d) An alternative to treating slash along roads and within 200 feet of structures may be approved by the Director when the RPF explains and justifies in the plans how equal fire protection will be provided. The alternative shall include a description of the alternate treatment(s) and the portion(s) of the plan area in which they will be utilized. In proposing alternate slash treatments, the RPF shall consider the estimated amount and distribution of slash to be created by the operation, type of remaining vegetation, topography, climate, and degree of public exposure fire history.

Note: Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.

s 937.3. Prescribed Broadcast Burning of Slash.
Outside the High Use Subdistrict, broadcast burning may be prescribed for slash treatment subject to the following conditions.
(a) Such burning shall be done only after the first heavy fall rains and shall be completed before April 1;
(b) It may occur within cleared firebreaks of not less than 10 feet (3.05 m) in width;
(c) Use of the broadcast burning prescription of the Stream and Lake Protection Zone for Class I, and Class II, is prohibited. Where necessary to protect downstream beneficial uses, the director may prohibit burning prescriptions in Class III watercourses;
(d) Exceptions to requirements (a), (b) and (c) above may be granted provided a project-type burning permit is obtained prior to burning and the terms of the permit are adhered to while burning.

Note: Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4423, 4513, 4551.5, 4562, and 4562.7, Public Resources Code.

s 937.4. Broadcast Burning.

s 937.5. Piling and Burning.
When the option of burning piles or concentrations of slash is chosen to meet the slash treatment requirements as specified in these rules, such burning shall be done as follows:
(a) Piles shall be sufficiently free of soil and other noncombustible material for effective burning.
(b) The piled slash shall be burned at a safe time following the first wet fall or winter weather or other safe periods and according to laws and regulations. Piles that fail to burn sufficiently to remove the fire hazard shall be repiled and burned in the manner aforesaid or treated to eliminate the fire hazard. All necessary precautions shall be taken to confine the burning to the piled slash.

Note: Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4423, 4513, 4551.5 and 4562, Public Resources Code.

s 937.6. Notification of Burning.
The local representative of the Director shall be notified in advance of the time and place of any burning of logging slash. Any burning shall be done in the manner provided by law.

Note: Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.

s 937.7. Protection of Residual Trees.
Slash burning operations and fire hazard abatement operations shall be conducted in a manner which will not damage residual trees and reproduction to the extent that they will not qualify to meet the silvicultural and stocking requirements of the rules.

Note: Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.

s 937.8. Slash Disposal to Control Forest Insects.

Note: Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5, 4562 and 4592, Public Resources Code.

s 937.9. Prevention Practices.
Adverse insect and disease impacts shall be identified by the RPF in the timber harvesting plan, and mitigating measures shall be prescribed to improve the health and productivity of the timber stand. Timber operations shall be conducted to as to minimize the build-up of destructive insect populations or the spread forest diseases.

Note: Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4512, 4513 and 4713, Public Resources Code.

Appendix
BOARD OF FORESTRY TECHNICAL RULE ADDENDUM NO. 3

BROOD MATERIAL

A. Hazard Determination
Tree mortality and top killing result when Ips beetle populations reproduce and increase in pine brood material [FN1] and then leave this material and attack pines in the residual stand. Hazard increases with the amount of pine brood material present.
Any suitable breeding material, including pine logs from recently felled trees, represents a hazard as long as it remains on site long enough for the beetles to complete a life cycle in it. During suitable weather, the life cycle may be as short as five weeks. Piling of brood material is more hazardous than leaving it spread-out on the ground.
Timing of brood material production may influence hazard. Hazard is presumed to be highest when pine brood material is produced from February through June and moderate when produced at other times of the year. At no time is hazard presumed to be low. In some parts of the Southern Forest District, hazard is presumed to be high year round, regardless of when the brood material was produced.
Age, size, and species of residual trees influence hazard. Young pole size stands of pine are most susceptible to damage. Tree species other than pine are not damaged by insects that breed in pine brood material. Brood material from tree species other than pine generally does not contribute to the build-up of damaging beetle populations.
Low vigor residual trees are at greatest risk. Historically, drought stressed, suppressed, and overstocked stands have been identified as high risk. Off-site, diseased, damaged, and overmature trees are also at risk.
If damaging insect populations are high, hazard will be greater. High beetle populations have the potential to damage more than just low vigor trees. Chronic pine mortality in the area should be evaluated to determine if high beetle populations are present. An established Zone of Infestation for pine bark beetles implies that conditions are appropriate for the build-up of beetle populations.
Potential for the spread of damaging insects to adjacent ownerships should be considered. The closer the ownership, the greater the risk. Generally, ownerships beyond one quarter of a mile will have little or no risk.
Value of residual trees should be considered. How much loss to residuals is acceptable?
B. Hazard Reduction Treatment Alternatives
Any treatment to reduce hazard should apply to the entire area where a hazard has been determined to exist, including the area where lopping for fire hazard reduction has been used. Treatment alternatives include modification of the brood material so that it is less suitable as a breeding site for beetles or methods to reduce beetle populations that have developed.
Specific Treatment Alternatives applied to pine brood material are as follows:
(1) The following treatments are acceptable provided they are completed before insect broods emerge from infested material. During weather that is suitable for brood development, a five week window is the maximum time that should elapse between creation of brood material and its treatment by one of the following methods: brood material can be removed from the site for processing or disposal; if left on-site, it can be piled and burned, chipped, debarked, treated with an appropriate pesticide, or piled and covered with clear plastic. If brood material is piled and covered, the plastic used must be a minimum of 6 mil thick; piles must be completely sealed by the plastic so that there are no openings to the outside and remain covered for 6 months (or 4 months if at least 2 summer months are included).
(2) The following treatment is acceptable, provided it is completed as soon after brood material creation as is practical, but not later than one week. Lop all branches from the sides and tops of those portions of main stems which are 3 " or more in diameter. Branches shall be scattered so that stems have maximum exposure to solar radiation. Do not pile brood material. Lopped stems could also be cut into short segments to decrease drying time and further reduce hazard.
(3) Burying brood material will prevent it from being colonized by beetles, but may not prevent emergence of the beetles. Therefore, it must be buried before becoming infested. During suitable weather, brood material must be buried concurrent with its creation.
[FN1] "Suitable" weather depends upon location. In areas that receive snowfall, suitable weather generally exists from April 15-October 15. In other areas, suitable weather exists from March 1-November 30.

Note: Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4512, 4513, and 4713, Public Resources Code.

s 937.10. Locating and Reporting.
Timber operators, timber owners and foresters (RPF), if any employed on the operation, shall assist the State in determining the location of insect and disease outbreaks, and report such outbreaks to the Director or a representative of the Director.

Note: Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4512, 4513 and 4713, Public Resources Code.

s 938. Fire Protection.
When burning permits are required pursuant to Public Resources Code 4423, timber operators shall:
(a) observe the fire prevention and control rules within this article, and
(b) submit each year, either before April 1st or before the start of timber operations a fire suppression resources inventory to the Department as required by the rules.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4423, 4551 and 4551.5, Public Resources Code.

s 938.1. Fire Suppression Resource Inventory.
The Fire Suppression Resources Inventory shall include, as a minimum, the following information:
(a) Name, address and 24-hour telephone number of an individual and an alternate who has authority to respond to Department requests for resources to suppress fires.
(b) Number of individuals available for fire fighting duty and their skills.
(c) Equipment available for fire fighting.
The Fire Suppression Resources Inventory shall be submitted to the ranger unit headquarters office of the Department having jurisdiction for the timber operation.

Note: Authority cited: Section 4551 and 4553, Public Resources Code. Reference: Sections 4551 and 4551.5, Public Resources Code.

s 938.2. Fire Plan Contents.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4428, 4429, 4551 and 4551.5, Public Resources Code.

s 938.3. Roads to Be Kept Passable.
Timber operators shall keep all logging truck roads in a passable condition during the dry season for fire truck travel until snag and slash disposal has been completed.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4428, 4429, 4551 and 4551.5, Public Resources Code.

s 938.4. Smoking and Matches.
Subject to any law or ordinance prohibiting or otherwise regulating smoking, smoking by persons engaged in timber operations shall be limited to occasions where they are not moving about and are confined to cleared landings and areas of bare soil at least three feet (.914 m) in diameter. Burning material shall be extinguished in such areas of bare soil before discarding. The timber operator shall specify procedures to guide actions of his employees or other persons in his employment consistent with this subsection.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4551 and 4551.5, Public Resources Code.

s 938.5. Lunch and Warming Fires.
Subject to any law or ordinance regulating or prohibiting fires, warming fires or other fires used for the comfort or convenience of employees or other persons engaged in timber operations shall be limited to the following conditions:
1. There shall be a clearance of 10 feet (3.05 m) or more from the perimeter of such fires and flammable vegetation or other substances conducive to the spread of fire.
2. Warming fires shall be built in a depression in the soil to hold the ash created by such fires.
3. The timber operator shall establish procedures to guide actions of his employees or other persons in their employment regarding the setting, maintenance, or use of such fires that are consistent with (a) and (b) of this subsection.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4103.5, 4432, 4433, 4551 and 4551.5, Public Resources Code.

s 938.6. Posting Procedures.
Timber operators shall post notices which set forth lists of procedures that they have established consistent with Sections 938.4 and 938.5. Such notices shall be posted in sufficient quantity and location throughout their logging areas so that all employees or other persons employed by them to work, shall be informed of such procedures. Timber operators shall provide for diligent supervision of such procedures throughout their operations.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4551 and 4551.5, Public Resources Code.

s 938.7. Blasting and Welding.
Timber operators shall provide for a diligent fire watch service at the scene of any blasting or welding operations conducted on their logging areas to prevent and extinguish fires resulting from such operations.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Section 4551.5, Public Resources Code.

s 938.8. Inspection for Fire.
The timber operator or his/her agent shall conduct a diligent aerial or ground inspection within the first 2 hours after cessation of felling, yarding, or loading operations each day during the dry period when fire is likely to spread. The person conducting the inspection shall have adequate communication available for prompt reporting of any fire that may be detected.

Note: Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Section 4551.5, Public Resources Code.

s 938.9. Glass Containers.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Section 4551.5, Public Resources Code.

s 938.10. Cable Blocks.
During the period when burning permits are required, all tail side blocks on a cable setting shall be located in the center of an area that is either cleared to mineral soil or is covered with a fire-proof blanket that is at least 15 feet in diameter. A shovel and an operational full five-gallon back pump or a fire extinguisher bearing a label showing at least a 4A rating must be located within 25 feet of each such block before yarding.

Note: Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4551 and 4551.5, Public Resources Code.

s 939. Wildlife Practice.
Timber operations shall be planned and conducted to maintain suitable habitat for wildlife species as specified by the provisions of this Article. These provisions are in addition to those directly or indirectly provided in other rules of the Board of Forestry.

Note: Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4512, 4513 and and 4713, Public Resources Code. (continued)