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

(continued)
"Timber falling limitation" is the term used when special falling
techniques and falling practices are required for the protection of
water quality and beneficial uses, and/or other forest resources.
"Timber operations" 4527
"Timber operator" 4526.5
"Tractor operations" means any activity which is associated with
timber operations and is performed by tractors or skidders.
"Tractor roads" means constructed trails or established paths used by
tractors or other vehicles for skidding logs. Also known as "skid
trails".
"Tractor yarding" means the system of skidding (transporting) logs by
a self-propelled vehicle, generally by dragging the logs with a
grapple or chokers.
"Type A owl habitat" means timber stands that have as a minimum the
following characteristics for live-tree structure.
1. Canopy layers: The stand has two distinct tiers or is multi-layered
with dominant conifers greater than 120 feet tall (trees greater than
90 feet tall on poor sites, less than site III, and for some montane
tree species). Conifers or hardwoods dominate the canopy layers less
than 120 feet tall.
2. Canopy closure: The canopy closure of conifers greater than 120 feet
tall (or greater than 90 feet tall on poor sites, less than Site III,
and for some montane tree species) averages greater than 40 percent
and not less than 20 percent. The total canopy closure for all trees,
conifers or hardwoods, is greater than 60 percent.
3. Large trees: The density of conifers greater than 35 inches d.b.h.
averages more than nine stems per acre and not less than six stems
per acre and includes a component of trees with sparse, broken, or
dead tops.
4. Medium trees: The density of conifers or hardwoods 18 to 35 inches
d.b.h. averages more than 15 stems per acre and not less than 8 stems
per acre.
5. Small trees: The density of conifers or hardwoods less than 18
inches d.b.h. averages more than 50 stems per acre and not less than
20 stems per acre.
"Type B owl habitat" means timber stands that have as a minimum the
following characteristics for live-tree structure.
1. Canopy layers: Moderately to strongly two-tiered or multi-layered
with dominant conifers greater than 100 feet tall (greater than 70
feet tall on poor sites, less than site III, and for some montane
tree species). Conifers or hardwoods dominate the canopy layers less
than 100 feet tall.
2. Canopy closure: The canopy closure of conifers greater than 100 feet
tall (or greater than 70 feet tall on poor sites, less than site III,
and for some montane tree species) averages greater than 40 percent
and not less than 20 percent. The total closure for all trees,
conifers or hardwoods, is greater than 60 percent.
3. Large trees: The density of conifers greater than 35 inches d.b.h.
averages more than six stems per acre and not less than two stems per
acre.
4. Medium trees: The density of conifers or hardwoods 18 to 35 inches
d.b.h. averages more than 25 stems per acre and not less than 20
stems per acre.
5. Small trees: The density of conifers or hardwoods less than 18
inches d.b.h. averages more than 50 stems per acre and not less than
20 stems per acre.
"Type C owl habitat" means timber stands that have as a minimum the
following characteristics for live-tree structure.
1. Canopy layers: Uniform to moderately layered with dominant conifers
or hardwoods 50 to 100 feet although low numbers of emergent trees
greater than 100 feet tall may be present.
2. Canopy closure: The canopy closure of conifers or hardwoods 50 to
100 feet tall averages greater than 40 percent and not less than 20
percent. The total canopy closure for all trees, conifers or
hardwoods, is greater than 60 percent.
3. Large trees: The density of conifers greater than 35 inches d.b.h.
averages less than six stems per acre and may be absent.
4. Medium trees: The density of conifers or hardwoods 18 to 35 inches
d.b.h. averages more than 15 stems per acre, but may be absent.
5. Small trees: The density of conifers or hardwoods less than 18
inches d.b.h. averages more than 160 stems per acre and not less than
50 stems per acre. The average d.b.h. for all trees in the stand,
including small, medium, and large trees is greater than 10 inches.
"Understory" -Generally, trees and woody species growing under an
overstory.
"Unevenaged Management" means management of a specific forest, with
the goal of establishing a well stocked stand of various age classes
and permits the periodic harvest of individual or small groups of
trees to realize the yield and continually establish a new crop.
"Unique area" means special treatment areas defined in the 14 CCR
895.1, 912, 932, and 952.
"Unstable areas" are characterized by slide areas or unstable soils or
by some or all of the following: hummocky topography consisting of
rolling bumpy ground, frequent benches, and depressions; short
irregular surface drainages begin and end on the slope; tension
cracks and head wall scarps indicating slumping are visible; slopes
are irregular and may be slightly concave in upper halt and convex in
lower half as a result of previous slope failure; there may be
evidence of impaired ground water movement resulting in local zones
the surface by sag ponds with standing water, springs, or patches of
wet ground. Some or all of the following may be present: hydrophytic
(wet site) vegetation prevalent; leaning, jackstrawed or split trees
are common; piltol-butted trees with excessive sweep may occur in
areas of hummock topography (note: leaning and pistol butted trees
should be used as indicators of slope failure only in the presence of
other indicators).
"Unstable soils" may be indicated by the following characteristics:
1. Unconsolidated, non-cohesive soils (coarser textured than Loam, as
defined in Appendix I.A.1a of Board of Forestry Technical Rule
Addendum No. 1 dated December 15, 1981) and colluvial debris
including sands and gravels, rock fragments, or weathered granitics.
Such soil are usually associated with a risk of shallow-seated
landslides on slopes of 65% or more, having non-cohesive soils less
than 5 feet deep in an area where precipitation exceeds 4 inches in
24 hours in a 5-year recurrence interval.
2. Soils that increase and decrease in volume as moisture content
changes. During dry weather, these materials become hard and
rock-like exhibiting a network of polygonal shrinkage cracks and a
blocky structure resulting from desiccation. Some cracks may be
greater than 5 feet in depth. These materials when wet are very
sticky, dingy, shiny, and easily molded.
"Various age classes" means a stand with at least three distinct
layers of tree crowns.
"Vegetation protection" is the term used when special measures are
required to prevent damage to vegetation for the protection of water
quality, the beneficial uses of water, and/or other forest resources.
"Waterbreak" means a ditch, dike, or dip, or a combination thereof,
constructed diagonally across logging roads, tractor roads and
firebreaks so that water flow is effectively diverted therefrom.
Waterbreaks are synonymous with waterbars.
"Watercourse" means any well-defined channel with distinguishable bed
and bank showing evidence of having contained flowing water indicated
by deposit of rock, sand, gravel, or soil, including but not limited
to, streams as defined in PRC 4528(f). Watercourse also includes
manmade watercourses.
"Watercourse bank" means the portion of the chanel cross-section that
confines the normal high water flow
"Watercourse and Lake Protection Zone (WLPZ)" means a strip of land,
along both sides of a watercourse or around the circumference of a
lake or spring, where additional practices may be required for
protection of the quality and beneficial uses of water, fish and
riparian wildlife habitat, other forest resources, and for
controlling erosion.
"Watercourse or Lake Transition Line"
(a) for a watercourse with an unconfined channel (a channel with a
valley to width ratio at bankfull stage of 4 or greater) means that
line defined by the landward margin of the most active portion of the
channel zone area readily identified in the field by riverine
hardwood and conifer trees at least twenty-five (25) years in age at
breast height.
(b) for a watercourse with a confined channel means that line that is
the outer boundary of a watercourse's 20-year return interval flood
event floodplain. This outer boundary corresponds to an elevation
equivalent to twice the maximum depth of the adjacent riffle at
bankfull stage. The bankfull stage elevation shall be determined by
field indicators and may be verified by drainage area/bankfull
discharge relationships.
(c) for a lake, it is that line closest to the lake where riparian
vegetation is permanently established.
"Watersheds with threatened or impaired values" means any planning
watershed where populations of anadromous salmonids that are listed
as threatened, endangered, or candidate under the State or Federal
Endangered Species Acts with their implementing regulations, are
currently present or can be restored.
"Wet Meadows and other wet areas" mean those natural areas except
cutover timberland which are moist on the surface throughout most of
the year and support aquatic vegetation, grasses and forbs as their
principal vegetative cover.
"While giving consideration" means the selection of those feasible
silvicultural systems, operating methods and procedures which
substantially lessen significant adverse impact on the environment
and which best achieve long-term, maximum sustained production of
forest products, while protecting soil, air, fish and wildlife, and
water resources from unreasonable degradation, and which evaluate and
make allowance for values relating to range and forage resources,
recreation and aesthetics, and regional economic vitality and
employment.
"Winter period" means the period between November 15 to April 1,
except for purposes of installing drainage facilities and structures,
waterbreaks and rolling dips, in which case the period shall be
October 15 to May 1.[Effective until 1-1-2000]. Text version
effective through 12-31-99 retained for reference.
"Winter period" means the period between November 15 to April 1,
except as noted under special County Rules at 14 CCR, Article 13 s
925.1, 926.18, 927.1, and 965.5.[Effective 1-1-2000]
"Woody debris" means woody material four inches and greater in
diameter and no less than two feet long left on the ground as the
result of timber operations.

"Yarding" means the movement of forest products from the point of felling to a landing.
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[FN1]1 All Coastal Commission Special Treatment Areas were adopted by the Coastal Commission on July 5, 1977, and they include several specially identified areas, buffer zones adjacent to designated highways within Coastal Scenic View Corridors, and buffer zones adjacent to publicly owned preserves and recreation areas. Maps or designations of Coastal Commission Special Treatment Areas are on file in department offices in the Coast Forest District. Coastal Commission Special Treatment Areas have been designated according to the following criteria:
A. Scenic View Corridors
B. Sites of significant scenic value
C. Wetlands, lagoons, streams, estuaries, and marine environments
D. Significant animal and plant habitat areas
E. Recreation areas
The Coastal Commission has also set forth in its designations special management objectives considered essential by the Coastal Commission for the protection of public values within the Coastal Zone.
The following is a listing of the Coastal Commission Special Treatment Areas. In parentheses following the name of each area are capital letters indicating the specific criteria as listed above. The letters referencing the criteria are listed in order of priority of the significance of the various criteria applicable to the area.
(a) Del Norte County. Elk Creek Valley (C), Sitka Spruce Grove (D,A), False Klamath Cove (B,A), Klamath River (B,A,C).
(b) Humboldt County. Freshwater Lagoon (B,C,E), Stone Lagoon (A,B,C,E), Big Lagoon (A,C,B), Big Lagoon Bog (B,C,E), Agate Beach Bluff (B,A), Mattole River (B,C). The King Range National Conservation Area forestlands that parallel the beach: All private inholdings that are within view of the beach trail that are in the recreational zoned western slopes.
(c) Mendocino County. Usal Creek (A,C), Rockport Beach (B), Hardy Creek Knoll (B), Westport (B), Ten Mile River (B,C), Noyo River (A,B,C), Caspar and Doyle Creeks (A), Big River (A,B,C,E), Albion River (A,B,C,D), Navarro River
(B,C,A), Navarro to Irish Beach Terrace (A,B), Elk Creek (C,B), Gualala River (B,C).
(d) Sonoma County. Gualala River (B,C), Sea Ranch Area (A), Stewarts Point Area (A), Horseshoe Cove Area (C,B,E), Stockoff Creek and Kolmer Gulch (B,C,D), Fort Ross (A,B), Mill Gulch (A,B), Timber Gulch (A,B), Russian Gulch (A), Sawmill Gulch (A), Sheephouse Creek (A,C,D), Duncan Mills Marsh (A,C,D), South Side of the Russian River (A,B,C,D,E), Willow Creek Headwaters (C,D), Jenner Gulch (C,D), Slaughterhouse Gulch (A,D), Furlong Gulch (A,D), Scotty Creek (C, D), Rough Creek (C,D).
(e) San Mateo County. San Pedro Valley (A), South Montara Mountain (A,B), Butano Panorama (B,E), Ano Nuevo Uplands (A,B,E).
(f) Santa Cruz County. Ano Nuevo Uplands (A,B,E), Waddell Creek (A,B,C,E), Bonny Doon Botanic Area (B,D), Molino Creek (A,B).
(g) Buffer Zones within Coastal Scenic View Corridors in Del Norte, Humboldt and Mendocino Counties.
(1) Del Norte County. Highway 101 from Crescent City to Smith River town along the west side of the highway.
(2) Humboldt County.
(A) Highway 101 from the Moonstone-Westhaven Exit to Big Lagoon Bridge along both sides of the highway.
(B) Old Highway 101 from Trinidad north to Patrick's Point State Park entrance along both sides of the road.
(3) Mendocino County. Highway 1 from Ten Mile River to Sonoma County line along both sides of the highway.
(h) Buffer Zones adjacent to all publicly owned preserves and recreation areas, including national, state, regional, county, and municipal parks.
[FN2]2 Coastal Commission Special Treatment Areas have been designated according to the following criteria:
A. Scenic View Corridors
B. Sites of Significant Scenic Value
C. Wetlands, Lagoons, Streams, Estuaries, and Marine Environments
D. Significant Animal and Plant Habitat Areas
E. Recreation Areas
The Coastal Commission has also set forth in its designations special management objectives considered essential by the Coastal Commission for the protection of public values within the Coastal Zone.
The following is a listing of the Coastal Commission Special Treatment Areas. In parentheses following the name of each area are capital letters indicating the specific criteria as listed above. The letters referencing the criteria are listed in order of priority of the significance of the various criteria applicable to the area.
(a) Monterey County. Del Monte Forest (A,B,D,E), Pt. Lobos Uplands (A,B,D), Malpaso Creek (B), Doud Creek (B), False Sur (B), Little Sur (A,B,C,E), Molera Uplands (A,B,C,E), Big Sur Valley (A,B,C,E), Sycamore Canyon (A), Post Creek (A,B,C,E), Grimes Canyon (A), Toree Canyon (B), Partington Canyon (B,E) McWay Canyon (B), Anderson Canyon (A,B), Burns Creek (A), Hot Springs Canyon (B,E), Lucia Area Canyonmouths (B,E), Mill Creek (B,E).
(b) San Luis Obispo County. Cambria Monterey Pines (A,B)
(c) Publicly Owned Preserves and Recreation Areas. Coastal Commission Special Treatment Areas include those forested areas within the Coastal Zone within 200 feet (60.96 m) of all publicly owned preserved and recreation areas including national, state, regional, county, and municipal parks.
GENERAL CHARACTERISTICS OF EACH METHOD AND INTERMEDIATE TREATMENTS
Regeneration Method
Seed Tree
Table 1. RELATIONSHIP OF STANDARD SILVICULTURAL TREATMENTS TO OBJECTIVES AND STAND CONDITIONS (Refer to "Regeneration Method")
Stand is of harvestable size and savable understory is absent. Cutting unit boundaries are dictated by stand boundaries or other considerations where stand boundaries are not identifiable. All trees in unit are cut. Unit is normally regenerated artificially.
Stand is harvestable and savable understory is absent. Most appropriate for large, even-aged stands of true fir. Strips are long and normally not over 1 1/2 times the average height of the stand in width, in contouring shapes. All trees are cut. Unit is normally naturally regenerated.
Overstory is well stocked and is of harvestable size, savable understory is absent. Regeneration not immediately scheduled. Stand needs to have wind firmness and seed producing ability improved before seed cut is made.
Salvable understory is not present or unsatisfactory. Sufficient suitable seed trees must be left after harvest to provide shade for new seedlings. All trees other than shelter trees are cut. Unit usually regenerated naturally.
Timber stands normally consist of an adequately stocked savable understory with sheltering overstory. All overstory trees are cut. Some additional regeneration may follow the timber operation.
Overstory is harvestable and savable understory is absent. Suitable seed trees are left after harvest. Aside from scattered seed trees, cutover areas may be similar to clearcut in appearance. Unit is naturally regenerated.
Timber stands consist of an adequately stocked savable understory with an overstory of scattered seed trees.
Stands are uneven-aged or converted to uneven-aged condition. Some trees in all size classes are generally cut. Regeneration is usually obtained naturally. Shade tolerant trees are usually harvested individually and intolerant trees in small groups. Best suitable to economic conditions which make possible frequent entry into stand for small volumes, ground cover and vegetation conditions that will tolerate repeated logging, to maintain control of the site, and when natural regeneration is likely. An intensive road system is normally necessary.
Intermediate Treatments
Commercial Thinning
It is the adjustment of stocking prior to harvest at rotation age. The overstory consists of young growth-type trees. Understory may or may not be present.
To be used in the cutting and removal of only those trees that are dead, dying or deteriorating because of damage from fire, wind, insects, disease, flood, or other injurious agents, and to prevent the spread of insects or diseases.
These methods are used to achieve land management objectives not necessarily associated with regeneration or stand tending.
Patch
Strip
Preparatory Step
Seed Step
Removal Step
Seed Tree Step
Seed Tree Removal Step
Selection
Sanitation-salvage
Special
The amendments to 14 CCR s 895.1 adopted on March 15, 2000 and April 4, 2000, which became effective July 1, 2000, shall expire on December 31, 2007.

Note: Authority cited: Sections 4551, 4551.5, 4553, 4561, 4561.5, 4561.6, 4562, 4562.5, 4562.7 and 4591.1, Public Resources Code. Reference: Sections 4512, 4513, 4526, 4551, 4551.5, 4561, 4561.6, 4562, 4562.5, 4562.7, 4583.2, 4591.1, 21001(f), 21080.5, 21083.2 and 21084.1, Public Resources Code; CEQA Guidelines Appendix K (printed following Section 15387 of Title 14 Cal. Code of Regulations), and Laupheimer v. State(1988) 200 Cal.App.3d 440; 246 Cal.Rptr. 82.

s 896. General.
(a) The purpose of the Forest Practice Rules is to implement the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 in a manner consistent with other laws, including but not limited to, the Timberland Productivity Act of 1982, the California Environmental Quality Act (CEQA) of 1970, the Porter Cologne Water Quality Act, and the California Endangered Species Act. The provisions of these rules shall be followed by Registered Professional Foresters (RPF's) in preparing Timber Harvesting Plans, and by the Director in reviewing such plans to achieve the policies of the Act as described in Sections 4512, 4513, 21000, 21001, and 21002 of the Public Resources Code (PRC), and Sections 51101, 51102 and 51115.1 of the Government Code.
It is the Board's intent that no THP shall be approved which fails to adopt feasible mitigation measures or alternatives from the range of measures set out or provided for in these rules which would substantially lessen or avoid significant adverse impacts which the activity may have on the environment. The THP process substitutes for the EIR process under CEQA because the timber harvesting regulatory program has been certified pursuant to PRC Section 21080.5. In recognition of that certification and PRC Section 4582.75, these rules are intended to provide the exclusive criteria for reviewing THPs. If the Director believes that there are significant adverse environmental impacts not covered in existing rules, matters should be referred to the Board as otherwise specified in these rules.
(b) The provisions of this subchapter shall be applied in all forest districts.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4512, 4513, 4582.75 and 21080.5, Public Resources Code; Sections 51101 and 51102, Government Code; and Laupheimer v. State (1988) 200 Cal.App.3d 440; 246 Cal.Rptr. 82.

s 897. Implementation of Act Intent.
(a) RPFs who prepare plans shall consider the range of feasible silvicultural systems, operating methods and procedures provided in these rules in seeking to avoid or substantially lessen significant adverse effects on the environment from timber harvesting. RPFs shall use these rules for guidance as to which are the most appropriate feasible silvicultural systems, operating methods and procedures which will carry out the intent of the Act.
While giving consideration to measures proposed to reduce or avoid significant adverse impacts of THPs on lands zoned TPZ, the RPF and Director shall include the following legal consideration regarding feasibility:
The Timberland Productivity Act restricts use of lands zoned Timberland Production Zone to growing and harvesting timber and compatible uses and establishes a presumption that timber harvesting is expected to and will occur on such lands.
(b) In determining whether a THP conforms to the intent of the Act, the Director shall be guided by the following principles:
(1) The goal of forest management on a specific ownership shall be the production or maintenance of forests which are healthy and naturally diverse, with a mixture of trees and understory plants, in which trees are grown primarily for the production of high quality timber products and which meet the following objectives:
(A) Achieve a balance between growth and harvest over time consistent with the harvesting methods within the rules of the Board.
(B) Maintain functional wildlife habitat in sufficient condition for continued use by the existing wildlife community within the planning watershed.
(C) Retain or recruit late and diverse seral stage habitat components for wildlife concentrated in the watercourse and lake zones and as appropriate to provide for functional connectivity between habitats.
(D) Maintain growing stock, genetic diversity, and soil productivity.
(2) Individual THPs shall be considered in the context of the larger forest and planning watershed in which they are located, so that biological diversity and watershed integrity are maintained within larger planning units and adverse cumulative impacts, including impacts on the quality and beneficial uses of water are reduced.
(3) While the responsibility for implementation of the Act and rules belongs to the Director and the Department, RPFs who prepare plans have the responsibility to provide the Director with information about the plan and resource areas and the nature and purpose of the operations proposed which is sufficiently clear and detailed to permit the Director to exercise the discretion and make the determinations required by the Act and rules. The information in proposed plans shall also be sufficiently clear and detailed to permit adequate and effective review by responsible agencies and input by the public to assure that significant adverse individual and cumulative impacts are avoided or reduced to insignificance.
(c) The Director shall use the standards provided in these rules when reviewing plans to determine if they conform to the rules and regulations of the Board and the provisions of the Act. In specific circumstances provided in these rules, the Director shall disapprove plans because they conflict with the intent of the Act as interpreted by the Board.
(d) Due to the variety of individual circumstances of timber harvesting in California and the subsequent inability to adopt site-specific standards and regulations, these rules use judgmental terms in describing the standards that will apply in certain situations. By necessity, the RPF shall exercise professional judgment in applying these judgmental terms and in determining which of a range of feasible (see definition 14 CCR 895.1) silvicultural systems, operating methods and procedures contained in the rules shall be proposed in the plan to substantially lessen significant adverse impacts on the environment from timber harvesting. The Director also shall exercise professional judgment in applying these judgmental terms in determining whether a particular plan complies with the rules adopted by the Board and, accordingly, whether he or she should approve or disapprove a plan. The Director shall use these rules to identify the nature of and the limits to the professional judgment to be exercised by him or her administering these rules.
(e) Based upon site-specific conditions where, in the judgment of the RPF, the application of rules pertaining to how a timber operation will be conducted will not achieve the intent of the Act and rules, and where the RPF can describe a practice(s) which will meet or exceed the intent of the Act and rules, the RPF may prescribe an alternative practice(s) in lieu of those in the rules. The practice(s) shall:
(1) be explained and justified by clear and convincing evidence in the plan;
(2) be written so they provide clear instructions and enforceable standards for the timber operator;
(3) provide a result(s) at least equal to that of the rule(s) to be supplanted; and
(4) provide that, where appropriate for the alternative practice, the plan submitter is responsible for retaining an RPF to aid in interpreting the THP to the timber operator and timberland owner on a continuing basis to help assure compliance with the alternative.
(f) No alternative practice(s) as described in this section may be prescribed by an RPF or approved by the Director under this section in lieu of the following rules:
(1) the rules contained in Subchapter 2 (Application of Forest Practice Rules); Article 2 (Definitions, Ratings, and Standards) and Article 11 (Coastal Commission Special Treatment Areas) of Subchapter 4 (Coast Forest District Rules); Article 2 (Definitions, Ratings, and Standards) of Subchapter 5 (Northern Forest District Rules); Article 2 (Definitions, Ratings, and Standards) and Article 11 (Coastal Commission Special Treatment Areas) of Subchapter 6 (Southern Forest District Rules); and Subchapter 7 (Administration) of Chapter 4, Division 1.5 of the California Code of Regulations; or
(2) any rule pertaining to the width of the special treatment area adjacent to a wild and scenic river declared pursuant to PRC 5093.50, et seq.; or
(3) any rules or parts of rules that incorporate practices or standards specified in the Forest Practice Act.
(g) No alternative practices as described in this section can be used in counties which have had rules adopted under section 4516.5 of the Public Resources Code unless it is specifically adopted for the county.
(h) The Director shall not accept for inclusion in a THP 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 the Director to the conclusion that the proposed alternative will not meet the intent of the Act and rules, and the agencies participated in the review of the plan, including any on-the-ground inspection.

Note: Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4551.5 and 4582.75, Public Resources Code; Sections 51101, 51102 and 51115.1, Government Code; and Laupheimer v. State (1988) 200 Cal.App.3d 440; 246 Cal.Rptr. 82.

s 897.1.

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

s 898. Feasibility Alternatives.
After considering the rules of the Board and any mitigation measures proposed in the plan, the RPF shall indicate whether the operation would have any significant adverse impact on the environment. On TPZ lands, the harvesting per se of trees shall not be presumed to have a significant adverse impact on the environment. If the RPF indicates that significant adverse impacts will occur, the RPF shall explain in the plan why any alternatives or additional mitigation measures that would significantly reduce the impact are not feasible.
Cumulative impacts shall be assessed based upon the methodology described in Board Technical Rule Addendum Number 2, Forest Practice Cumulative Impacts Assessment Process and shall be guided by standards of practicality and reasonableness. The RPF's and plan submitter's duties under this section shall be limited to closely related past, present and reasonably foreseeable probable future projects within the same ownership and to matters of public record. The Director shall supplement the information provided by the RPF and the plan submitter when necessary to insure that all relevant information is considered.
When assessing cumulative impacts of a proposed project on any portion of a waterbody that is located within or downstream of the proposed timber operation and that is listed as water quality limited under Section 303(d) of the Federal Clean Water Act, the RPF shall assess the degree to which the proposed operations would result in impacts that may combine with existing listed stressors to impair a waterbody's beneficial uses, thereby causing a significant adverse effect on the environment. The plan preparer shall provide feasible mitigation measures to reduce any such impacts from the plan to a level of insignificance, and may provide measures, insofar as feasible, to help attain water quality standards in the listed portion of the waterbody.
The Director's evaluation of such impacts and mitigation measures will be done in consultation with the appropriate RWQCB.
(a) The amendments to 14 CCR s 898 that became effective July 1, 2000 shall expire on December 31, 2007.

Note: Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4551.5 and 4582.75, Public Resources Code; and Laupheimerv.State(1988) 200 Cal.App.3d 440; 246 Cal.Rptr. 82.

s 898.1. Review of Plan by Director.
The Director shall review plans to determine if they are in conformance with the provisions of PRC 4582.75 which requires that rules adopted by the Board shall be the only criteria employed by the Director in reviewing plans pursuant to PRC 4582.7.
(a) In reviewing plans, the Director shall apply all applicable rules promulgated by the Board.
(b) When in doubt as to the feasible alternative which best carries out the intent of the Act, the Director shall seek the advice of other state agencies charged with protecting the public interest in forest-related resources.
(c) In reviewing plans, the Director shall disapprove all plans which:
(1) Do not incorporate feasible silvicultural systems, operating methods and procedures that will substantially lessen significant adverse impacts on the environment.
(2) Would not meet the requirements of individual rules which provide a range of feasible alternatives through which to carry out the intent of the Act.
(3) Meet the special conditions for disapproval set by the Board in 14 CCR 898.2.
(d) If the Director, before the public comment period has ended, finds that a plan cannot be approved without a change in the conduct of timber operations, the Director shall, consistent with the rules and procedures adopted by the Board, communicate with the preparer of the plan, explain any probable causes for disapproval and suggest possible mitigation measures. The preparer of the plan shall then have the opportunity to respond to the Director and provide appropriate mitigation measures prior to the end of the public comment period. Any substantial deviations (as described in 895.1), except as covered in 1040, in the conduct of a timber operation, or the inclusion of significant new information, made between the close of public comment and the date of the Director's decision will require returning the plan to the review team and reopening the public comment period for ten working days. Public members who participated in the review of the plan will be notified of the significant changes in the conduct of the timber operation and/or the significant new information and the reopening of the comment period.
(e) If the Director disapproves a plan, the Director shall, consistent with the rules and procedures adopted by the Board, provide to the preparer of the plan written reasons for disapproval.
(f) If the Director finds no feasible, less damaging alternatives that conform with the rules, the Director shall approve such plan unless approval threatens to cause immediate, significant, and long-term harm to the natural resources of the state. In the event of such a threat, the Director shall withhold decision on the plan and shall follow procedures developed by the Board pursuant to PRC 4555.
(g) If the Director determines that (1) all feasible mitigation measures or alternatives which are available to substantially reduce or avoid any significant adverse impacts of a THP have been selected; (2) significant adverse impacts remain; (3) the plan otherwise complies with the rules of the Board; and (4) an emergency situation does not exist under PRC Section 4555, the Director shall not approve the plan unless the Director also determines that the benefits of the THP outweigh any significant, unavoidable adverse impacts. If the Director makes such a determination and approves the THP, the Notice of Conformance shall include an explanation of the basis for finding that the conditions 1-3 herein are met and for determining that the THP's benefits outweigh any unavoidable significant adverse impacts.
In making such a determination for THPs on lands zoned TPZ the Director shall give consideration to the Legislature's objectives in enacting the Timberland Productivity Act of 1982 ( "TPA") and the objectives of the FPA including sustained forest productivity. The TPA-associated benefits to be weighed against any significant unavoidable adverse impacts shall include, but not be limited to:
(1) ensuring consistency with the restriction of the use of TPZ lands to growing and harvesting timber and compatible uses;
(2) making cumulative progress toward (a) realizing the productive potential of the forest resources of the state and (b) providing a favorable climate for long-term investment in forest resources, thereby discouraging the premature and unnecessary conversion of timberland to urban and other uses; and
(3) ensuring consistency with the Legislature's declaration that timber operations may reasonably be expected to and will occur on lands zoned TPZ.
(h) In determining whether the public benefits of the THP outweigh any unavoidable significant adverse impacts pursuant to (g) above, the Director may request information as needed to evaluate potential job loss, negative economic impacts on the community, business closings, loss of property by owners, probable conversion to other uses, estate taxes and other factors as appropriate.

Note: Authority cited: Section 4582, Public Resources Code. Reference: Sections 4555, 4582.7 and 4582.75, Public Resources Code; Sections 51101, 51102 and 51115.1, Government Code; and Laupheimer v. State (1988) 200 Cal.App.3d 440; 246 Cal.Rptr. 82.

s 898.2. Special Conditions Requiring Disapproval of Plans.
The Director shall disapprove a plan as not conforming to the rules of the Board if any one of the following conditions exist:
(a) Boundaries of the area to be harvested are not clearly delineated in the plan.
(b) Public acquisition of the parcel for purposes which would be impaired by timber harvesting, is legislatively authorized, funded and imminent.
(c) There is evidence that the information contained in the plan is incorrect, incomplete or misleading in a material way, or is insufficient to evaluate significant environmental effects. The sufficiency of the information provided in a THP to evaluate significant environmental effects shall be judged in light of what is reasonable and necessary.
(d) Implementation of the plan as proposed would result in either a "taking" of finding of jeopardy of wildlife species listed as rare, threatened, or endangered, by the Fish and Game Commission, the National Marine Fisheries Service, or Fish and Wildlife Service, or would cause significant, long-term damage to listed species. The Director is not required to disapprove a plan which would result in a "taking" if the "taking" is incidental and is authorized by a wildlife agency acting within its authority under state or federal endangered species acts.
(e) Implementation of the plan would irreparably damage plant species listed as rare or endangered by the Department of Fish and Game and when the timber owner fails to comply with F&GC 1913.
(f) Implementation of the plan as proposed would result in the taking of an individual Northern Spotted Owl prohibited by the Federal Endangered Species Act.
(g) Implementation of the plan as proposed would not achieve maximum sustained production of high-quality timber products as provided for by the rules of the Board, and by the intent of the Act.
(h) Implementation of the plan as proposed would cause a violation of any requirement of an applicable water quality control plan adopted or approved by the State Water Resources Control Board.

Note: Authority cited: Sections 4551, 4555 and 4582, Public Resources Code. Reference: Sections 2053, 2080.1, 2090-2097, 2830 and 2835, Fish and Game Code; Sections 4555, 4582.7 and 4582.75, Public Resources Code; Section 51115.1, Government Code; the federal Endangered Species Act of 1973, 16 U.S.C. Section 1531 et seq.; and Laupheimer v. State (1988) 200 Cal.App.3d 440; 246 Cal.Rptr. 82.

s 900. Intent.
Regulations set forth in this article are adopted pursuant to Legislative direction set forth in PRC 4552 and 4555 and to provide a hearing procedure as mandated in PRC 4555.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4552 and 4555, Public Resources Code.

s 901. Timber Harvesting Plan Decision Delay.
The Director shall delay making a decision to approve or disapprove a plan which has been filed only if he or she finds that it could result in immediate, significant and long-term harm to the natural resources of the state. In relation to ascertaining harm to the natural resources of the state, the words immediate, significant and long-term shall be construed to mean:
(a) "immediate" -a period of time from the present to some future date that shall not be later than the end of the third timber harvest season following commencement of timber operations under a proposed plan.
(b) "significant" -harm or damage which is substantial and threatens the use of forest-related benefits (i.e., other beneficial uses of the air, water, soil, fish or wildlife resources).
(c) "long-term" -harm or damage that is of such a nature and of lasting duration which cannot be corrected within 3 timber harvest seasons following commencement of timber operations under a proposed plan.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Section 4555, Public Resources Code.

s 902. Director's Notice to Board.
If the Director determines that a substantial question concerning the intent of the Act is not currently provided for by the rules of the Board, and that approval of a plan which has been filed could result in immediate, significant and long-term harm to the natural resources of the State, the Director shall within 5 days after making such determination, notify the Board and the person who submitted the plan in writing of his or her determination. Written notice to the Board shall:
(a) State that the Director is seeking an emergency determination by the Board pursuant to PRC 4555.
(b) Outline the substantial question concerning intent of the Act that is not currently provided for by the rules.
(c) Identify any particular rule or rules which may be in question with respect to the intent of the Act.
(d) Identify any other provisions of law which apply to the Director's decision to delay.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Section 4555, Public Resources Code.

s 902.1. Board Action.
Within 30 days after receipt of written notice from the Director that he or she had delayed making a decision to approve or disapprove a plan pursuant to PRC 4555, and 14 CAC 901, the Board will hold a public hearing on the issue raised by the Director in said notice. Thereafter the Board may adopt emergency regulations in the manner provided by the Administrative Procedure Act (commencing with Gov. C. 11420) and shall conform to specifications enumerated in 14 CAC 902.2, 902.3, 903 and 903.1.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Section 4555, Public Resources Code.

s 902.2. Notice Content.
The Notice of Public Hearing on issues raised pursuant to provisions of PRC 4555 shall contain substantially the same information as provided to the Board pursuant to 14 CAC 902.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 745 and 4555, Public Resources Code.

s 902.3. Notice Distribution.
Notice of public hearing on issues raised by the Director pursuant to provisions of PRC 4555 shall be given at least 15 days prior to said hearing and be distributed as follows by:
(a) Mailing such notice to concerned federal, state and local agencies of government;
(b) Providing for mailing to timber owners, operators, and foresters (RPF's), who have plans held in abeyance by the Director pending action by the Board under PRC 4555.
(c) Providing for dissemination to the agenda mailing list of the Board and other parties as may be determined to be appropriate by the Executive Officer to provide full public participation in the hearing.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 745 and 4555, Public Resources Code.

s 903. Order of Procedure.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Section 4555, Public Resources Code.

s 903.1. Content of Discussion and Prejudice of Appeal.
In considering the need for possible emergency regulations, as well as the emergency regulations themselves, the Board normally will consider all relevant information. However, to avoid prejudicing future appeals on individual plans, the proceeding shall be addressed solely to the generic issue(s) presented by the Director.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Section 4555, Public Resources Code.

s 903.2. Board Action.
Immediately after public comments, the Board shall determine whether or not the intent of the Act has been provided for in the rules effective at the time the Director's determination was made.
If the Board finds the existing rules are adequate, it shall adopt a finding so stating.
If the Board finds that the intent of the Act has not been provided for in such rules, the Board shall comply with the provisions of PRC 4555 and immediately amend the rules to provide for such intent by adopting emergency regulations pursuant to the Administrative Procedure Act (commencing with Gov. C. 11371). The Board shall advise the Director by letter of the action taken and provide a copy of the emergency regulations indicating that they will become effective upon filing with the Secretary of State.
In either case, the Director shall act within 5 days after receipt of said letter on plans being held in abeyance pending Board consideration.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Section 4555, Public Resources Code.

s 906. Forest Districts.
To meet the requirements of Chapter 8, Article 3 (commencing with Section 4531), Public Resources Code, and to designate areas for appropriate special forest practice rules, the nonfederally-owned commercial forest areas of the state are divided into three districts which are designated as Coast Forest District, Northern Forest District, and Southern Forest District. Each district is comprised of timberlands and cutover lands within the boundaries as set forth in this article.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Section 4531, Public Resources Code.

s 907. Coast Forest District.
The Coast Forest District is comprised of the area bounded on the north by the State of Oregon, on the west by the Pacific Ocean, and on the south and east by a line declared and fixed as follows:
Beginning at the southwest corner of Santa Cruz County and running eastward along the southern boundaries of Santa Cruz and Santa Clara Counties to U.S. Highway 101; thence northerly along U.S . Highway 101 to Interstate Highway 680; thence northerly along Interstate Highway 680 to Interstate Highway 80; thence southerly along Interstate Highway 80 to State Highway 29 between Vallejo and the Carquinez Bridge; thence northerly along State Highway 29 to State Highway 128 at Rutherford; thence northerly along coinciding State Highways 29 and 128 to the junction of State Highways 29 and 128 at Calistoga; thence northwesterly along State Highway 128 to U.S. Highway 101; thence northerly along U.S. Highway 101 to the Covelo Road (State Highway 162, formerly designated 261); thence northeasterly along the Covelo Road to Mina Road (Mendocino County Road 336) just north of Covelo; thence northerly from Mendocino County into Trinity County along Mina Road, where it continues as Lake Mountain Road (Trinity County Road 503); continuing along Lake Mountain Road northwesterly through Kettenpom to the Ruth-Zenia Road (Trinity County Road 502) just southeast of Zenia; thence easterly and northerly along the Ruth-Zenia Road to the Van Duzen Road (Trinity County Road 511) at the Van Duzen River on the northwest side of Hettenshaw Valley; thence along the Van Duzen Road, following along a fork of the Van Duzen River and the main Van Duzen River northwesterly and northerly to State Highway 36; thence southeasterly along State Highway 36 to the South Fork of the Trinity River; thence northerly along the South Fork of the Trinity River and the main Trinity River to the Klamath River; thence northeasterly, then northerly along the Klamath River to the mouth of Indian Creek; thence northerly along Indian Creek to the crossing of State Highway 96; thence northeasterly along State Highway 96 to the Indian Creek Road (Siskiyou County Road 7C01); thence northwesterly along the Indian Creek Road following along Indian Creek to the crossing of Indian Creek in the south half of Section 25, Township 18N, Range 6E, HB&M, from whence the Indian Creek County Road continues as the U.S. Forest Service Grayback Road (U.S. Forest Service Road 40S07); continuing northwesterly along the Forest Service Grayback Road over the divide at the head of Indian Creek to the State of Oregon in Section 32, Township 19N, Range 6E, HB&M.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Section 4531, Public Resources Code.

s 907.1. Southern Subdistrict of the Coast Forest District.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Section 4531, Public Resources Code.

s 908. Northern Forest District.
The Northern Forest District is comprised of the area bounded on the north by the State of Oregon, on the east by the State of Nevada, on the west by the Coast Forest District, and on the south by a line declared and fixed as follows:
Beginning at the point where Interstate Highway 680 crosses the combined San Joaquin-Sacramento Rivers at the Benicia Bridge; thence easterly along the channel to the mouth of the Sacramento River; thence easterly and northerly along the Sacramento River to the Sacramento-Sutter County line; thence easterly along said county line to the Sacramento-Placer County line; thence easterly along said county line to the Placer-El Dorado County line; thence northerly and easterly along said county line to the intersection with the Lake Tahoe Basin crestline; thence northerly and then easterly along said crestline to its intersection with the west boundary of Section 10; thence north along the west boundary of Section 10 and Section 3 to the northwest corner of Section 3; thence east along the north boundary of Section 3 and Section 2 to the Lake Tahoe Basin crestline, all Sections being in Township 15N, Range 16E, MDB&M; thence northerly and easterly along said crestline to the State of Nevada. (continued)