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(continued)
(b) The number of crossings shall be kept to a feasible minimum.
(c) Drainage structures on watercourses that support fish shall allow for unrestricted passage of all life stages of fish that may be present, and shall be fully described in the plan 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) When watercourse crossings, other drainage structures, and associated fills are removed the following standards shall apply:
(1) Fills shall be excavated to form a channel that is as close as feasible to the natural watercourse grade and orientation, and that is wider than the natural channel.
(2) The excavated material and any resulting cut bank shall be sloped back from the channel and stabilized to prevent slumping and to minimize soil erosion. Where needed, this material shall be stabilized by seeding, mulching, rock armoring, or other suitable treatment.
(e) All permanent watercourse crossings that are constructed or reconstructed shall accommodate the estimated 100-year flood flow, including debris and sediment loads.
(f) Permanent watercourse crossings and associated fills and approaches shall be constructed or maintained to prevent diversion of stream overflow down the road and to minimize fill erosion should the drainage structure become obstructed. The RPF may propose an exception where explained in the THP and shown on the THP map and justified how the protection provided by the proposed practice is at least equal to the protection provided by the standard rule.
(g) Any new permanent culverts installed within class I watercourses shall allow upstream and downstream passage of fish or listed aquatic species during any life stage and for the natural movement of bedload to form a continuous bed through the culvert and shall require an analysis and specifications demonstrating conformance with the intent of this section and subsection.
(h) The amendments to 14 CCR ss 943.3 that became effective July 1, 2000 shall expire on December 31, 2007.

Note: Authority cited: Sections 4551, 4551.5 and 21004, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4562.5 and 4562.7, Public Resources Code; 40 CFR 130.2(q); and California Case Law:Natural Resources Defense Council, Inc. v. Arcata Natl. Corp.(1972) 59 Cal. App. 3d 959, 131 Cal. Rptr. 172.






s 943.4. Road Maintenance.
Logging roads, landings, and associated drainage structures used in a timber operation shall be maintained in a manner which minimizes concentration of runoff, soil erosion, and slope instability and which prevents degradation of the quality and beneficial uses of water during timber operations and throughout the prescribed maintenance period. In addition those roads which are used in connection with stocking activities shall be maintained throughout their use even if this is beyond the prescribed maintenance period.
(a) The prescribed maintenance period for erosion controls on permanent and seasonal roads and associated landings and drainage structures which are not abandoned in accordance with 14 CCR 963.8 shall be at least one year. The Director may prescribe a maintenance period extending up to three years in accordance with 14 CCR 1050.
(b) Upon completion of timber operations, temporary roads and associated landings shall be abandoned in accordance with 14 CCR 963.8.
(c) Waterbreaks shall be maintained as specified in 14 CCR 964.6.
(d) Unless partially blocked to create a temporary water source, watercourse crossing facilities and drainage structures, where feasible, shall be kept open to the unrestricted passage of water. Where needed, trash racks or similar devices shall be installed at culvert inlets in a manner which minimizes culvert blockage. Temporary blockages shall be removed by November 15.
(e) Before the beginning of the winter period, all roadside berms shall be removed from logging roads or breached, except where needed to facilitate erosion control.
(f) Drainage structures, if not adequate to carry water from the fifty-year flood level, shall be removed in accordance with 14 CCR 963.3(d) by the first day of the winter period, before the flow of water exceeds their capacity if operations are conducted during the winter period, or by the end of timber operations whichever occurs first. Properly functioning drainage structures on roads that existed before timber operations need not be removed. An RPF may utilize an alternative practice, such as breaching of fill, if the practice is approved by the Director as providing greater or equal protection to water quality as removal of the drainage structure.
(g) Temporary roads shall be blocked or otherwise closed to normal vehicular traffic before the winter period.
(h) During timber operations, road running surfaces in the logging area shall be treated as necessary to prevent excessive loss of road surface materials by, but not limited to, rocking, watering, chemically treating, asphalting or oiling.
(i) Soil stabilization treatments on road or landing cuts, fills, or sidecast shall be installed or renewed,when such treatment could minimize surface erosion which threatens the beneficial uses of water.
(j) Drainage ditches shall be maintained to allow free flow of water and to minimize soil erosion.
(k) Action shall be taken to prevent failures of cut, fill, or sidecase slopes from discharging materials into watercourses or lakes in quantities deleterious to the quality or beneficial uses of water.
(l) Each drainage structure and any appurtenant trash rack shall be maintained and repaired as needed to prevent blockage and to provide adequate carrying capacity. Where not present, new trash racks shall be installed if there is evidence that woody debris is likely to significantly reduce flow through a drainage structure.
(m) Inlet and outlet structures, additional drainage structures (including ditch drains) and other features to provide adequate capacity and to minimize erosion of road and landing fill and sidecast to minimize soil erosion and to minimize slope instability shall be repaired, replaced, or installed wherever such maintenance is needed to protect the quality and beneficial uses of water.
(n) Permanent watercourse crossings and associated approaches shall be maintained to prevent diversion of stream overflow down the road should the drainage structure become plugged. Corrective action shall be taken before the completion of timber operations or the drainage structure shall be removed in accordance with 14 CCR section 923.3 (d).
(o) Except for emergencies and maintenance needed to protect water quality, use of heavy equipment for maintenance is prohibited during wet weather where roads or landings are within a WLPZ.
(p) The Director may approve an exception to a requirement set forth in subsections (b) through (o) above when such exceptions are explained and justified in the THP and the exception would provide for the protection of the beneficial uses of water or control erosion to a standard at least equal to that which would result from the application of the standard rule.

Note: Authority cited: Sections 4551, 4551.5, 4553, 4561.7, and 4562.9, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4562.5 and 4562.7, Public Resources Code; 33 USC 1288(b); Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal.App.3d 959, 131 Cal. Rptr. 172.






s 943.5. Landing Construction.
Landings shall be constructed according to the following standards:
(a) On slopes greater than 65 percent, no fill shall be placed and sidecast shall be minimized to the degree feasible. The Director may approve an exception if, site specific measures to minimize slope instability, soil erosion, and discharge of concentrated surface runoff are described and justified in the THP.
(b) On slopes greater than 50 percent, fills greater than 4 feet in vertical height at the outside shoulder of the landing shall be:
(1) constructed on a bench that is excavated at the proposed toe of the fill and is wide enough to compact the first lift, and
(2) compacted in approximately 1 foot lift from the toe to the finished grade. The RPF or supervised designee shall flag the location of this bench or the RPF shall provide a description of the bench location (narrative or drawing) in the THP for fills meeting the above criteria, where the length of landing section is greater than 100 feet. The RPF may propose an exception in the THP and the Director may approve the exception where it is justified that the landing will be stabilized.
(c) Waste organic material, such as uprooted stumps, cull logs, accumulations of limbs and branches, or unmerchantable trees, shall not be buried in landing fills. Wood debris or cull logs and chunks may be placed and stabilized at the toe of landing fills to restrain excavated soil from moving downslope.
(d) Constructed landings shall be the minimum in width, size, and number consistent with the yarding and loading system to be used. Landings shall be no larger than one-half acre (.202 ha) unless explained and justified in the THP.
(e) No landing construction shall occur under saturated soil condition.
(f) The following specifications shall be met upon completion of timber operations for the year or prior to October 15, whichever occurs first:
(1) Overhanging or unstable concentrations of slash, woody debris and soil along the downslope edge or face of the landings shall be removed or stabilized when they are located on slopes over65 percent or on slopes over 50 percent within 100 feet of a WLPZ.
(2) Any obstructed ditches and culverts shall be cleaned.
(3) Landings shall be sloped or ditched to prevent water from accumulating on the landings. Discharge points shall be located and designed to reduce erosion.
(4) Sidecast or fill material extending more than 20 feet in slope distance from the outside edge of the landing and which has access to a watercourse or lake shall be seeded, planted, mulched, removed or treated as specified in the THP to adequately reduce soil erosion.
(5) Sidecast or fill material extending across a watercourse shall be removed in accordance with standards for watercourse crossing removal set forth in 14 CCR 943.3(d).
(g) On slopes greater than 35 percent, the organic layer of the soil shall substantially removed prior to fill placement.
(h) When landings are constructed after October 15 they shall be adequately drained concurrent with construction operations and shall meet the requirements of (f)(1) through (f)(4) of this subsection upon completion of operations at that landing.
(i) The RPF may propose and the Director may approve waiver of requirements in (f)(1) through (f)(4) of this subsection if the Director finds they are not necessary to minimize erosion or prevent damage to downstream beneficial uses. The Director may also approve an exception to the October 15th date for treatment of slash and debris, including the practice of burning.

Note: Authority cited: Sections 4551, 4551.5, and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4562.5 and 4562.7, Public Resources Code; 33 USC 1288(b) and 40 CFR 130.2(q); California Case Law: Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal.App.3d 959, 131 Cal. Rptr. 172.






s 943.6. Conduct of Operations on Roads and Landings.
Routine use and maintenance of roads and landings shall not take place when, due to general wet conditions, equipment cannot operateunder its own power. Operations may take place when roads and landings are generally firm and easily passable or during hard frozen conditions. Isolated wet spots on these roads or landings shall be rocked or otherwise treated to permit passage. However, operations and maintenance shall not occur when sediment discharged from landings or roads will reach watercourses or lakes in amounts deleterious to the quality and beneficial uses of water.
This section shall not be construed to prohibit activities undertaken to protect the road or to reduce erosion.

Note: Authority cited: Sections 4551, 4551.5, 4453 and 4562.9, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4562.5 and 4562.7, Public Resources Code; 33 USC 1288(b) and 40 CFR 130.2(q); California Case Law: Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1972) 59 Cal.App.3d 959, 131 Cal. Rptr. 172.






s 943.7. Licensed Timber Operator Responsibility for Roads and Landings.
The licensed timber operator who is responsible for the implementation or execution of the plan shall not be responsible for the construction and maintenance of roads and landings, unless the licensed timber operator is employed for that purpose.

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






s 943.8. Planned Abandonment of Roads, Watercourse Crossings, and Landings.
Abandonment of roads, watercourse crossings and landings shall be planned and conducted in a manner which provides for permanent maintenance-free drainage, minimizes concentration of runoff, soil erosion and slope instability, prevents unnecessary damage to soil resources, promotes regeneration, and protects the quality and beneficial uses of water. General abandonment procedures shall be applied in a manner which satisfies this standard and include the following:
(a) Blockage of roads so that standard production four wheel-drive highway vehicles cannot pass the point of closure at the time of abandonment.
(b) Stabilization of exposed soil on cuts, fills, or sidecast where deleterious quantities of eroded surface soils may be transported into a watercourse.
(c) Grading or shaping of road and landing surfaces to provide dispersal of water flow.
(d) Pulling or shaping of fills or sidecast where necessary to prevent discharge of materials into watercourses due to failure of cuts, fills, or sidecast.
(e) Removal of watercourse crossings, other drainage structures, and associated fills in accordance with 14 CCR 923.3 (d). Where it is not feasible to remove drainage structures and associated fills, the fill shall be excavated to provide an overflow channel which will minimize erosion of fill and prevent diversion of overflow along the road should the drainage structure become plugged.
The Director may approve an exception to a requirement set forth in (b) through (e) above when such exceptions are explained and justified in the THP and the exception would provide for the protection of the beneficial uses of water or control erosion to a standard at least equal to that which would result from the application of the standard rule.

Note: Authority cited: Sections 4551, 4551.5, 4562.7 and 4562.9, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4562.7 and 4562.9, Public Resources Code.






s 943.9. Roads and Landings 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) Where logging road or landing construction or reconstruction is proposed, the plan shall state the locations of and specifications for road or landing abandonment or other mitigation measures to minimize the adverse effects of long-term site occupancy of the transportation system within the watershed.
(b) Unless prohibited by existing contracts with the U.S.D.A. Forest Service or other federal agency, new and reconstructed logging roads shall be no wider than a single-lane compatible with the largest type of equipment specified for use on the road, with adequate turnouts provided as required for safety. The maximum width of these roads shall be specified in the plan. These roads shall be outsloped where feasible and drained with water breaks or rolling dips (where the road grade is inclined at 7 percent or less), in conformance with other applicable Forest Practice Rules.
(c) The following shall apply on slopes greater than 50%:
(1) Specific provisions of construction shall be identified and described for all new roads.
(2) Where cutbank stability is not an issue, roads may be constructed as a full-benched cut (no fill). Spoils not utilized in road construction shall be disposed of in stable areas with less than 30 percent slope and outside of any WLPZ, EEZ, or ELZ.
(3) Alternatively, roads may be constructed with balanced cuts and fills if properly engineered, or fills may be removed with the slopes recontoured prior to the winter period.
(d) In addition to the provisions listed under 14 CCR 943.1(e), all permanent or seasonal logging roads with a grade of 15% or greater that extends 500 continuous feet or more shall have specific erosion control measures stated in the plan.
(e) Where situations exist that elevate risks to the values set forth in 14 CCR 936.2(a), (e.g., road networks are remote, the landscape is unstable, water conveyance features historically have a high failure rate, culvert fills are large) drainage structures and erosion control features shall be oversized, low maintenance, or reinforced, or they shall be removed before the completion of the timber operation. The method of analysis and the design for crossing protection shall be included in the plan.
(f) The provisions of 14 CCR 943.9 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.
(g) This section shall expire on December 31, 2007.

Note: Authority cited: Sections 4551, 4551.5, 4553, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551, 4551.5, 4562.5, 4562.7, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; Sections 1600 and 5650(c), Fish and Game Code; andNatural Resources Defense Council, Inc. v. Arcata Natl. Corp.(1976) 59 Cal.App. 3d 959, 131 Cal.Rptr. 172.






s 945. Lake County Rules.
In addition to forest practice rules applying in the Northern Forest District, these rules shall apply within the areas of Lake County designated as Scenic Combining District except as provided by subsection (f) of Public Resources Code section 4516.5. Where the general rules conflict with the Lake County rules, the Lake County rules shall apply.

Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.






s 945.1. Statement of Purpose.
The purpose of these rules is to:
(a) insure that the visual and aesthetic sites identified within the Scenic Combining District are adequately identified and protected,
(b) provide direction to RPFs preparing plans which, for the purposes of this section, include THPs, MTHPs, NTMPs, PTEIRs, Notices of Emergency Timber Operations, and any Exemptions Notices pursuant to 14 CCR ss 1038 and 1104.1,
(c) provide direction to the timber operator conducting timber operations,
(d) provide direction to the Department in its review, approval, and inspection programs.

Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.






s 945.2. Definitions.
"Scenic Combining District" means a zone of varying widths adjacent to county and state maintained roadways and certain state and county roads as adopted by county ordinance. The Scenic Combining District is administered by the Community Development Department of Lake County.
Scenic Combining District width is measured from the edge of the roadway and may extend on both sides of the road. The width of the Scenic Combining District is identified, mapped, and administered by the Community Development Department.

Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.






s 945.3. Timber Harvest Prescriptions.
The following rules shall be applied to all areas designated Scenic Combining District. Limited timber harvesting may be allowed within the Scenic Combining Districts using the following criteria:
(a) Selection. In the areas designated as Scenic Combining Districts, only the selection regeneration method and commercial thinning shall be used. The group selection method (14 CCR s 933.2(a)(2)(B)) shall not be used.
(1) A map that clearly defines the location and extent of the Scenic Combining District occurring on the site to be harvested shall be submitted with the Plan.
(2) Trees to be harvested shall be marked by or under the supervision of an RPF. All trees to be harvested shall be marked within the Scenic Combining District prior to a preharvest inspection for evaluation.
(3) In all areas designated as Scenic Combining Districts, at least 75 square feet per acre of conifer basal area shall be retained.
(4) Post harvest stand stocking levels of conifers shall be stated in the Plan. The level of residual stocking shall be consistent with maximum sustained production for high quality timber products. In no case shall conifer stocking levels per acre be reduced below the following standards:
(A) Within the first 150 feet of the Scenic Combining District, at least 50% of the trees 18 to 24 inches dbh, and 50% of the trees 26 inches dbh and larger, shall be retained.
(B) Between 150 and 300 feet of the Scenic Combining District, at least 50% of the trees less than 18 inches dbh, 40% of the trees 18-24 inches dbh, and 33% of the trees 26 inches dbh and larger shall be retained.
(C) Between 300 feet and the outermost boundary of the Scenic Combining District, 75 square feet of basal area per acre shall be retained.
(b) Logging roads, tractor roads, and landings shall be screened from direct view to the extent feasible by leaving trees and vegetation between the disturbed areas and vista points that would attract viewers.
(c) Hardwoods shall be considered for the purposes of aesthetic enhancement and a minimum of 25% of the pre-harvest hardwood basal area shall be retained.
(d) A second harvest shall not be conducted sooner than ten years following completion of an initial harvest unless an emergency condition exists pursuant to 14 CCR s 1052 et seq. in the interim, or pursuant to a conversion exemption (14 CCR s 1104.1).

Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.






s 945.4. Hours of Operation.
Within 300 feet of any occupied dwelling, the operation of power equipment, including chain saws, except licensed highway vehicles, shall be restricted to the hours between 7:00 a.m. and 7:00 p.m. and shall be prohibited on Saturdays, Sundays and nationally designated holidays. The Director may grant an exception to this rule where the Director has found that no disturbance will result to the occupants of the dwelling from the use of such equipment.

Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.






s 945.5. Exempt and Emergency Notice Operations.
Timber operations may be conducted within the Scenic Combining District in compliance with an Exemption pursuant to 14 CCR s 1038, an Exemption pursuant to 14 CCR s 1104.1, or an Emergency Notice pursuant to 14 CCR s 1052. Such operations, when feasible, shall be conducted in a manner consistent with the limitations described in 14 CCR s 945.3(a), subsections (1), (2), and (3); 945.3(b); 945.3(c); and 945.4.

Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.






s 949. Statement of Purpose.
The purpose of this article is to:
(a) ensure that the significant archeological and historical sites within the site survey are adequately identified and protected,
(b) to provide direction to RPFs preparing THPs (which includes all forms of THPs including, but not limited to, Modified THPs and Nonindistrial Timber Management Plans (NTMPs), Program Timber Harvesting Plans (PTHPs)), Notice of Emergency Timber Operations (Emergency Notices), and any Exemption Notices pursuant to 14CCR Sections 1038 and 1104.1,
(c) provide direction to the timber operator conducting timber operations,
(d) provide direction to the Department of Forestry and Fire Protection in its review, approval and inspection programs.

Note: Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002, 21060.5, 21083.2 and 21084.1, Public Resources Code.






s 949.1. Plan, and Emergency Notice Preparation.
(a) Preparing a plan.
Prior to submitting a plan, the RPF, or the RPF's supervised designee:
(1) Shall conduct an archaeological records check at the appropriate Information Center. A previously-conducted archaeological records check for the property may be used to satisfy this requirement if it covers the entire area proposed for timber operations and if it meets the definition of "current archaeological records check" in 14 CCR s 895.1.
(2) Shall provide written notification to Native Americans of the preparation of a plan. The primary purpose for this notification is to provide Native Americans an opportunity to disclose the existence of any Native American archaeological or cultural sites that are potentially within or adjacent to the site survey area, and the opportunity to comment on the plan. The RPF shall allow a minimum of 10 days for response to this notice before submitting the plan to the Director. The remainder of the 10-day waiting period is waived when all Native Americans required to be informed respond in less than 10 days. This notice shall contain the following attachments or items of information:
(A) A request for information concerning the potential existence of any Native American archaeological or cultural sites within the plan boundaries.
(B) Information concerning the location of the plan including:
1. A general location map that, at a minimum, shows the travel route from the nearest community or well-known landmark to the plan area.
2. A copied segment of the titled USGS (if available) or equivalent map(s) that displays the approximate boundary of the plan area, and includes a map legend and a scale.
3. A description of the plan location including the county, section, township, range, base and meridian, and the approximate direction and distance from the nearest community or well-known landmark.
(C) A statement that all replies, comments, questions, or other information submitted by Native Americans as a result of this notice be directed to the RPF. The name, address, and phone number of the RPF shall be provided.
(D) Information concerning the available time for response. Indicate that the RPF is requesting a response within ten days from the date of the notice so the information can be incorporated into the plan when initially submitted to the Director. Provide the estimated date the plan will be submitted to Director. Provide the following statement: "The earliest possible date the Director may approve the plan is 16 calendar days after it is submitted to Director, although typically, the plan is reviewed for at least 45 calendar days following plan submittal before the Director approves the plan."
(E) A statement that the Native American groups may participate in the plan review process by submitting written comments to the Director before close of public comment period.
(F) A statement that locations of sites disclosed will be kept confidential.
(G) A statement that a Confidential Archaeological Addendum (CAA) will be prepared for the plan and a copy of pertinent information contained within the CAA may, at the discretion of the Director, be obtained from the Director.
(3) Shall provide a professional archaeologist or a person with archaeological training (in accordance with 14 CCR s 949.4) to conduct a field survey for archaeological and historical sites within the site survey area. Previous archaeological surveys within the site survey area may also be used to partially or entirely satisfy this requirement.
(4) Shall ensure that research is conducted prior to the field survey, including review of appropriate literature and contacting knowledgeable individual, concerning potential archaeological or historical sites occurring on the property.
(b) Provide Notification to Native Americans if a Native American Archaeological or Cultural Site is located within the plan. On a plan that contains a Native American archaeological or cultural site as defined in 14 CCR s 895.1 the RPF or the RPF's supervised designee shall:
(1) provide a written notice to Native Americans informing them of the presence of Native American cultural resources within the site survey area. This notification shall include:
(A) The RPF's name, address, and telephone number.
(B) The name, number, or other designator of the plan.
(C) A list of all known Native American archaeological or cultural sites located within the site survey area, including a name, number or other designator and brief description of each site.
(D) A brief discussion of how each site shall be protected or avoided.
(E) The address and phone number of the appropriate CDF office to contact as well as a statement that written comments may be submitted to Director for consideration prior to the close of public comment.
(F) The estimated earliest date the Director may approve the plan.
(2) submit a copy of all letters sent pursuant to 14 CCR s 949.1(b)(1) to the Director. The Director shall allow a minimum of 15 days from the date of the notification letter for receipt of responses to notices sent pursuant to 14 CCR s 949.1(b)(1) prior to the close of public comment.
(c) Submitting a Confidential Archaeological Addendum for a plan.
The RPF shall include the following information in a Confidential Archaeological Addendum with the proposed plan:
(1) Administrative Information which is not confidential and may be released to the public. This includes:
(A) The name, affiliation, address, and phone number of the archaeological surveyor.
(B) The name, affiliation, address, and phone number of the RPF, if different than the archaeological surveyor.
(C) The plan name ascribed by the RPF, plan number (if known), type, and approximate acreage.
(D) The county, legal description, and name of USGS 7.5'Quad(s) within which the project is located.
(E) The date the CAA was completed.
(F) The name of the author of the CAA.
(G) The signature of the RPF or archaeological surveyor.
(2) Archaeological Records Check Information. A copy of the records check and written reply (including mapped information) from the Information Center shall be attached, or a justification as to why that is not possible shall be included.
(A) If the records check request and written reply from the Information Center are attached, no additional information is required.
(B) If the records check request and written reply from the Information Center are not attached, the following information shall be included:
(1) Justification why records check request and written reply could not be attached.
(2) The date the records check was conducted at the Information Center.
(3) The Information Center File Number.
(4) Summary of records check results discussing whether or not archaeological or historical sites are known or suspected to exist within the site survey area and whether or not the site survey area has a previous archaeological investigation on record.
(3) Results of notification to Native Americans pursuant to 14 CCR s 949.1(a)(2)(B). This shall include:
(A) An example of a notification letter and project maps submitted to Native American contacts.
(B) Copies of any written responses received from Native American contacts.
(C) A list of the individuals or groups that were provided written notification and the date of the Native American Contact List being used.
(D) Date the notification was sent.
(E) Results of the information request, specifically addressing the results of information received from the NAHC, if those results have been received.
(4) Results of notification to Native Americans of the existence of a Native American archaeological or cultural site on the plan, if required, pursuant to 14 CCR s 949.1(b).
(5) A list of the research done prior to field survey. This list shall include literature reviewed and persons contacted in addition to the required archaeological records check with Information Center and Native Americans, and a summary of the results of this research.
(6) Information on the current or previous archaeological surveyor(s), which is not confidential. This shall include:
(A) the name of the current archaeological surveyors and an indication of whether or not the person either meets the specifications of a professional archaeologist as defined in 14 CCR s 895.1 or meets the requirements specified in 14 CCR s 949.4.
(B) the name of any previous archaeological surveyors, if known.
(7) Description of archaeological survey methods and procedures including survey strategy, time spent conducting archaeological field survey, the date or dates the survey was conducted, survey coverage intensity, and ground visibility or other limitations.
(8) A list and description of all archaeological or historical sites identified within the site survey area including information on the site(s) size, type, and condition. The designations used in this listing of sites found shall be consistently used throughout the CAA.
(9) An Archaeological Coverage Map or maps prepared in accordance with the specifications identified in the definition of an Archaeological Coverage Map in 14 CCR s 895.1.
(10) A preliminary determination of significance of identified archaeological and historical sites, if damaging effects from timber operations cannot be avoided. This determination shall be based upon the criteria for a significant archaeological or historical site listed in 14 CCR s 895.1.
(11) Description of any specific enforceable protection measures to be implemented both within the site boundaries and within 100 feet of the site boundaries.
(12) Information concerning the proposed on-site meeting between the RPF or supervised designee familiar with on-site conditions and the LTO to discuss protection of archaeological and historical resources, if required, pursuant to 14 CCR s 949.2(b).
(13) Information concerning site recording requirements pursuant to 14 CCR s 949.1(d) and (g).
(14) Other applicable information, if any, concerning the archaeological survey for this project.
(15) List of attachments to the CAA.
(d) Site Records.
Upon submission of a plan, the RPF or the RPF's supervised designee shall submit completed site records for each site proposed to be a significant archaeological or historical site in a manner consistent with the recording standards identified in the State Office of Historical Preservation's "Instructions For Recording Historical Resources" March, 1995, which is incorporated by reference.
(e) Emergency Notice of 3 Acres Or More.
(1) Prior to submitting an Emergency Notice of three acres or more, the RPF:
(A) Shall ensure that an archaeological field survey is, or has been previously conducted by a professional archaeologist or person with archaeological training (pursuant to 14 CCR s 949.4) within the site survey area.
(2) Prior to submitting an Emergency Notice of three acres or more, the RPF or the RPF's supervised designee:
(A) Shall complete a current archaeological records check. This check may be conducted by telephone. If the Information Center is unable to provide the information within three business days following receipt of an RPF's request for an Emergency Notice records check, the records check requirement is waived.
(B) Shall submit a Confidential Archaeological Letter that includes the information required by 14 CCR s 949.1(c)(2), (7), (8), (9), (10) and (11), including site records, if required pursuant to 14 CCR s 949.1(g) and 949.5.
(C) Shall send a copy of the Emergency Notice to Native Americans.
(f) Emergency Notice of Less Than 3 Acres.
(1) Prior to submitting an Emergency Notice of less than three acres, the RPF or the RPF's supervised designee shall:
(A) Conduct an archaeological survey for said area to determine whether it contains any significant archaeological sites using the criteria for a significant archaeological or historical site defined in 14 CCR s 895.1.
(B) Send a copy of the Notice to Native Americans.
(2) An archaeological records check, Confidential Archaeological Addendum, or Confidential Archaeological Letter, is not required.
(3) No timber operations shall occur within the boundaries of any significant archaeological or historical sites as determined by the RPF or the RPF's supervised designee.
(g) Submitting Archaeological and Historical Information to Information Centers.
Within 30 days following the Director's approval of a plan or acceptance of an Emergency Notice of three acres or larger, the Director shall send to the appropriate Information Center of the California Historical Resource Information System the following information provided by the RPF:
(1) a complete Confidential Archaeological Addendum which includes all changes and additions required in the plan review process and which identifies the plan number, or, for Emergency Notices of three acres or larger, a Confidential Archaeological Letter.
(2) two copies each of any completed archaeological or historical site records for:
(A) archaeological sites determined to be significant, or
(B) sites that a person elects to record, but for which no determination of significance has been made.
The records shall be completed by a person who satisfies the requirements specified in 14 CCR s 949.4 in a manner consistent with the recording standards identified in the State Office of Historic Preservation's "Instructions For Recording Historical Resources" March, 1995, which is incorporated by reference.
(3) The RPF or supervised designee shall ensure that the site records are completed in the manner specified in subsection (2).

Note: Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code.






s 949.2. Protection Measures for Plans and Emergency Notices 3 Acres and Larger.
(a)(1) The RPF shall describe in the separate Confidential Archaeological Addendum or Letter, measures to be taken to mitigate or avoid substantial adverse change to any known significant archaeological or historical sites.
(2) The RPF may propose, and the Director may agree to, site specific protection measures for any identified archaeological or historical site without evaluating the significance of the site. These proposed protection measures shall be designed to ensure protection of such archaeological and historical sites from damaging effects. Avoidance of activities which will cause damaging effects is a preferred protection measure.
(b) The RPF or supervised designee familiar with on-site conditions shall meet with the LTO prior to the start of timber operations at each archaeological or historical site that is described in the plan or notice that requires avoidance or other protection measures and do the following:
(1) show the LTO the location, extent and boundaries of each archaeological or historical site requiring protection,
(2) discuss with the LTO the protection measures,
(3) apprise the LTO of the confidentiality requirements for any information concerning the physical location of archaeological or historical sites.
(c) If the RPF or supervised designee is unable to perform the duties in 14 CCR s 949.2(b), the RPF shall:
(1) explain the reasons in the emergency notice, plan, or as a minor amendment to the plan,
(2)(A) meet with the plan submitter, timberland owner, or their authorized agent, and review in the field, the items described in 14 CCR s 949.2(b),
(B) if the plan submitter, timberland owner, or their authorized agent will not comply with the RPF's or RPF's supervised designee's request for a meeting, the RPF shall notify the Director.
(3) except for an emergency notice, notify the plan submitter in writing that it is the plan submitter's responsibility to transfer the information in 14 CCR s 949.2(b) to the LTO per 1035(h),
(4) notify the Director in writing.
(d) The LTO shall not conduct timber operations within the boundaries of any archaeological or historical site identified in the CAA unless such operations are described in the CAA and made part of the plan approved by the Director.
(e) In the event that the CAA authorizes limited timber operations within the boundaries of archaeological or historical sites identified in the plan, the LTO and the RPF, if so stated in the plan, shall be responsible for ensuring that specific protection measures and timber operations are conducted in the manner described in the CAA.

Note: Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21001, 21060.5, 21083.2 and 21084.1, Public Resources Code.






s 949.3. Post Review Site Discovery.
If a person discovers a potentially significant archaeological or historical site after a plan, Emergency Notice, or Exemption is accepted by the Director, the following procedures apply:
(a) The person who made the discovery shall immediately notify the Director, LTO, RPF, or timberland owner of record.
(b) The person first notified in (a) shall immediately notify the remaining parties in (a).
(c) No timber operations shall occur within 100 feet of the identified boundaries of the new site until the plan submitter proposes, and the Director agrees to, protection measures pursuant to 14 CCR s 949.2.
(d) A minor deviation shall be filed to the plan. The minimum information provided shall include:
(1) A statement that the information is confidential.
(2) The mapped location of the site.
(3) A description of the site.
(4) Protection measures, and
(5) Site records, if site records are required pursuant to 14 CCR ss 949.1(g)(2)(b) and 949.5.
(e) Upon receipt, the Director shall immediately provide the proposed minor deviation or portions of the minor deviation, to Native Americans when Native American archaeological or cultural sites are involved.

Note: Authority cited: Sections 4551, 4551.5, 4583.2 and 4591.1, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code.






s 949.4. Archaeological Training Requirements.
To meet the requirement of 14 CCR s 949.1, archaeological surveys of a plan or Emergency Notice areas for archaeological or historical sites shall be conducted only by a professional archaeologist or a person who has attended a training program approved by the Director within five years prior to submission of the plan or Emergency Notice. The training program must meet the following standards:
(a) The course shall use education materials approved by the Director which address the current regulations and procedures for the identification, recordation, and protection of archaeological and historical resources during timber operations.
(b) The course may require that the applicant demonstrate, in the field, and in a final written examination, the ability to conduct a record search, perform field identification, complete an archaeological site record, and to identify appropriate mitigation and protection measures for archaeological or historical sites covered in the course.
(c) The Director shall issue verification to all students that satisfactorily complete the training course.
(d) Following an individual's successful completion of an archaeological training course approved by the Director, he or she may enroll in a refresher training course, approved by the Director, to renew a 5-year archaeological training certification.
(e) The Director may conduct the archaeological training courses (in addition to or in-lieu of approving programs conducted by others) at least annually.

Note: Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code.






s 949.5. Site Recording.
The Director shall ensure that all archaeological or historical sites determined to be significant and located within the site survey area on plans, or Emergency Notices are recorded by the RPF or supervised designee in a manner consistent with the recording standards identified in the State Office of Historic Preservation's "Instructions For Recording Historical Resources" March, 1995, which is incorporated by reference. The recording may also be done by a professional archaeologist or any person who has successfully completed appropriate training which is afforded or approved by the Director.

Note: Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code.






s 949.6. Protection of Sites During Timber Operations.
No person, except as otherwise permitted by law, who is involved in timber operations shall excavate, collect artifacts from, vandalize or loot archaeological or historical sites located within the THP, Emergency Notice or Exemption boundary.

Note: Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code.






s 949.7. Determination of Significance.
(a) A determination of significance shall be made for an identified archaeological or historical site within the site survey area on a THP, or Emergency Notice by a person who satisfies the requirements specified in 14 CCR 949.4 if damaging effects from timber operations cannot be avoided.
(b) The determination of significance shall:
(1) Be based upon criteria defined for significant archaeological or historical sites in 14 CCR 895.1
(2) Utilize any information provided by Native Americans, archaeological, historical or ethnographic data pertinent to the region and to the cultural resource, and the physical characteristics of the archaeological or historical site.
(c) If required by subsection (a), a preliminary determination of significance shall be made by the RPF or the RPF's supervised designee and provided in the Confidential Archaeological Addendum.
(d) Where the Director determines that timber operations may cause a substantial adverse change to a significant archaeological or historical site and the RPF and the Director cannot agree upon protection measures, a professional archaeologist provided by the THP submitter shall make a survey and prepare a report on the potentially affected site or sites and the potential impacts of the proposed timber operations. The part of the report that relates to archaeological sites is confidential. This report, if it discusses impacts on Native American archaeological sites, shall be provided by the Director to Native American and the NAHC. This report shall contain recommendations for mitigation, the elimination of impacts, or for the reduction of impacts to avoid or prevent substantial adverse change to significant archaeological or historical resources. The report shall meet the standards of the Preservation Planning Bulletin, Number 4, December 1989 (Office of Historic Preservation), entitled Archaeological Resource Management Reports (ARMR): Recommended Contents and Format. The Director shall make the final determination of significance and substantial adverse change based on advice of a professional archaeologist.

Note: Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code.






s 951. Statement of Purposes.
The purpose of these rules is to establish district forest practice rules and to establish standards in accordance with the policies set forth in Articles 1 and 4 of the Z'berg-Nejedly Forest Practice Act of 1973 (Sections 4511-4517 and 4551-4555 incl. of the Public Resources Code). Rules promulgated herein apply only to timberlands.

Note: Authority cited: Sections 740, 4531 and 4551, Public Resources Code. Reference: Sections 4512, 4513, 4531 and 4551.5, Public Resources Code.






s 952. Definitions.

Note: Authority cited for Article 2 (Sections 952-952.7, not consecutive): Sections 4551, 4562, 4562.5 and 31118.5, Public Resources Code.






s 952.5. Procedure for Estimating Surface Soil Erosion Hazard Rating.
A proposed plan shall show the estimated erosion hazard ratings of the plan area, by areas, down to 20 acres (8.1 ha) if such a breakdown will change the estimated erosion hazard of individual areas.
To estimate the erosion hazard rating of any plan or portion thereof, the RPF or supervised designee shall follow the procedures and requirements contained in Board Technical Rule Addendum #1, dated February 1, 1990. Appropriate weights for the factors in the Estimated Surface Soil Erosion Hazard, Form I, in the Addendum shall be calculated and the factors shall be summed to give the rating. A copy of the calculations from Form I shall be attached to the timber harvesting plan. A copy of the Board Technical Rule Addendum #1 can be obtained from the State Board of Forestry at the Resources Building, 1416 9th Street, Room 1506-14, Sacramento, CA 95814.

Note: Authority cited: Sections 4551 and 4562.5, Public Resources Code. Reference: Section 4562.5, Public Resources Code.






s 952.7. Resource Conservation Standards for Minimum Stocking.
The following resource conservation standards constitute minimum acceptablestocking in the Southern Forest District after timber operations have been completed. (continued)