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(continued)
(e) Slash and debris from timber operations shall not be bunched adjacent to residual trees required for silvicultural or wildlife purposes or placed in locations where they could be discharged into a Class I or II watercourse, or lake.
(f) Tractor operations shall be subject to the following limitations:
(1) Heavy equipment shall be prohibited where any of the following conditions are present:
(i) slopes steeper than 65%
(ii) slopes steeper than 50% where the erosion hazard rating is high or extreme
(iii) slopes over 50% which lead without flattening to sufficiently dissipate water flow and trap sediment before it reaches a watercourse or lake.
(2) On slopes between 50 percent and 65 percent where the erosion hazard rating is moderate, and all slope percentages are for average slope steepness based on sample areas that are 20 acres, or less if proposed by the RPF or required by the Director, heavy equipment shall be limited to:
(i) existing tractor roads that do not require reconstruction, or
(ii) new tractor roads that have been flagged by an RPF or supervised designee prior to use.
(3) The RPF may propose exceptions to the limitations on tractor operations described above if the proposed exception will comply with 14 CCR 954, and if the THP both clearly explains the proposed exception and justifies why application of the standard rule is either not feasible, or would not comply with 14 CCR 954. The location of tractor roads to be used under such exceptions shall be flagged prior to the pre-harvest inspection or, when a pre-harvest inspection is not required, prior to the start of timber operations.
(g) Where tractor roads are constructed, timber operators shall use tractor roads only, both for skidding logs to landings and on return trips.
(h) Timber operators shall exercise due diligence so that desirable residual trees and seedlings will not be damaged or destroyed in tractor operations.
(i) Where waterbreaks cannot effectively disperse surface runoff, other erosion controls shall be installed as needed.
(j) Except where terracing will disturb less than 50 percent of the soil surface, mechanical site preparation shall not be conducted on any of the following:
(1) Any slopes over 40%.
(2) Slopes over 30% which lead without flattening to a class I or Class II watercourse or to a lake.
(3) Areas having average slopes over 30%, where the erosion hazard rating is high or extreme. The area sampled for the average shall not exceed 20 acres.
(k) The Director may approve exceptions to (j)(1), (j)(2), and (j)(3) above when damage to soil and water quality caused by the use of heavy equipment will not exceed that caused by other site preparation methods if explained and justified in the THP.
Note: Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4562.5, 4562.7 and 4582, Public Resources Code.
s 954.3. Cable Yarding.
The following standards are applicable to cable yarding:
(a) Due diligence shall be exercised in the installing, and operating, of cable lines so that residual trees will not incur unreasonable damage by such installation or use.
(b) Residual trees required to be left upon completion of timber operations shall not be used for rub trees, corner blocks, rigging or other cable ties unless effectively protected from damage.
(c) The practice of tight-lining for the purpose of changing location of cable lines is prohibited unless such practice can be carried on without damaging residual trees.
(d) Cable yarding settings shall take maximum advantage of the natural topography and timber types so that yarding operations will protect residual trees.
(e) Tractors shall not be used in areas designated for cable yarding except to pull trees away from streams, to yard logs in areas where deflection is low, where swing yarding is advantageous, to construct firebreaks and/or layouts, and to provide tail-holds. Such exception(s) shall be explained and justified in the THP, and require Director's approval.
Note: Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4562.5, 4562.7 and 4582, Public Resources Code.
s 954.4. Site Preparation Addendum.
Where site preparation will occur on the logging area, the THP shall incorporate a site preparation addendum which includes the following information:
(a) Whether site preparation will be required to meet stocking.
(b) The general methods of site preparation to be used.
(c) The types of equipment (if any) is be used for mechanical site preparation and firebreak construction.
(d) The methods for protecting any desirable residual trees in accordance with 14 CCR 917.7.
(e) Explanations and justifications for any exceptions or alternatives to the standard rules.
(f) A map identifying the boundaries of site preparation areas, if different from logging area boundaries, and distinguishing areas by type of site preparation activity.
(g) The name, address, and telephone number of the person responsible for conduct of site preparation activities.
(h) The estimated timing of site preparation operations.
Note: Authority cited; Sections 4551, 4551.5 and 4551.7, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4551.5, 4551.7, 4562.5 and 4562.7, Public Resources Code.
s 954.5. Servicing of Logging Equipment, Disposal of Refuse, Litter, Trash and Debris.
The following standards shall be adhered to in servicing logging equipment and disposing of refuse, litter, trash and debris:
(a) Equipment used in timber operations shall not be serviced in locations where servicing will allow grease, oil, or fuel to pass into lakes or watercourses.
(b) Non-biodegradable refuse, litter, trash, and debris resulting from timber operations, and other activity in connection with the operations shall be disposed of concurrently with the conduct of timber operations.
Note: Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512 and 4513, Public Resources Code.
s 954.6. Waterbreaks [Effective until 1-1-2000].
The following standards are applicable to the construction of waterbreaks:
(a) All waterbreaks shall be installed no later than the beginning of the winter period of the current year of timber operations, except as otherwise provided for in the rules.
(b) Waterbreaks shall be constructed concurrently with the construction of firebreaks and immediately upon conclusion of use of tractor roads, roads, layouts, and landings which do not have permanent and adequate drainage facilities, or drainage structures.
(c) Distances between waterbreaks shall not exceed the following standards:
MAXIMUM DISTANCE BETWEEN WATERBREAKS
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Estimated U.S. Equivalent Metric Measure
Measure
Hazard Road or Trail Road or Trail
Gradient % Gradient %
Rating 10 or 11-25 26-50 >50 10 or 11-25 26-50 >50
less less
-------------------------------------------------------------------------------
Feet Feet Feet Feet Meters Meters Meters Mete-
rs
Extreme 100 75 50 50 30.48 22.86 15.24 15.24
High 150 100 75 50 45.72 30.48 22.86 15.24
Moderate 200 150 100 75 60.96 45.72 30.48 22.35
Low 300 200 150 100 91.44 60.96 45.72 30.48
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The appropriate waterbreak spacing shall be based upon the erosion hazard rating and road or trail gradient.
(d) Cable roads that are so deeply cut as to divert and carry water away from natural drainage patterns for more than 100 feet shall have waterbreaks installed on them at 100 feet intervals, or other appropriate erosion control measures may be applied if specified in the plan.
(e) Waterbreaks shall be installed at all natural watercourses on tractor roads and firebreaks regardless of the maximum distances specified in this section except where permanent drainage facilities are provided.
(f) Waterbreaks shall be located to allow water to be discharged into some form of vegetative cover, duff, slash, rocks, or less erodible material wherever possible, and shall be constructed to provide for unrestricted discharge at the lower end of the waterbreak so that water will be discharged and spread in such a manner that erosion shall be minimized. Where waterbreaks cannot effectively disperse surface runoff, including where waterbreaks on roads and skid trail cause surface run-off to be concentrated on downslopes, roads or skid trails, other erosion controls shall be installed as needed to comply with 14 CCR 954.
(g) Waterbreaks shall be cut diagonally a minimum of 15.2 cm (6 inches) into the firm roadbed, cable road, skid trail or firebreak surface and shall have a continuous firm embankment of at least 15.2 cm (6 inches) in height immediately adjacent to the lower edge of the waterbreak cut. In the Southern Subdistrict of the Coast Forest District, on truck roads having firmly compacted surfaces, waterbreaks installed by hand methods need not provide the additional 15.2 cm (6 inch) embankment provided the waterbreak ditch is constructed so that it is at least 15.2 cm (6 inches) deep and 15.2 cm (6 inches) wide on the bottom and provided there is ample evidence based on slope, material amount of rainfall, and period of use that the waterbreaks so constructed will be effective in diverting water flow from the road surface without the embankment.
(h) Waterbreaks or any other erosion controls on skid trails, cable roads, layouts, firebreaks, abandoned roads, and site preparation areas shall be maintained during the prescribed maintenance period and during timber operations as defined in PRC sections 4527 and 4551.5 so that they continue to function in a manner which minimizes soil erosion and slope instability and which prevents degradation of the quality and beneficial uses of water. The method and timing of waterbreak repair and other erosion control maintenance shall be selected with due consideration given to protection of residual trees and reproduction and the intent of 14 CCR 914.
(i) The prescribed maintenance period for waterbreaks and any other erosion control facilities on skid trails, cable roads, layouts, firebreaks, abandoned roads, and site preparation areas, shall be at least one year.
The Director may prescribe a maintenance period extending as much as three years after filing of the work completion report in accordance with 14 CCR 1050.
Note: Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4562.5, 4562.7, and 4582, Public Resources Code.
s 954.6. Waterbreaks [Effective 1-1-2000].
The following standards are applicable to the construction of waterbreaks:
(a) except as otherwise provided for in the rules:
(1) All waterbreaks shall be installed no later than the beginning of the winter period of the current year of timber operations.
(2) Installation of drainage facilities and structures is required from October 15 to November 15 and from April 1 to May 1 on all constructed skid trails and tractor roads prior to sunset if the National Weather Service forecast is a "chance" (30% or more) of rain within the next 24 hours.
(b) Waterbreaks shall be constructed concurrently with the construction of firebreaks and immediately upon conclusion of use of tractor roads, roads, layouts, and landings which do not have permanent and adequate drainage facilities, or drainage structures.
(c) Distances between waterbreaks shall not exceed the following standards:
MAXIMUM DISTANCE BETWEEN WATERBREAKS
-------------------------------------------------------------------------------
Estimated U.S. Equivalent Metric Measure
Measure
Hazard Road or Trail Road or Trail
Gradient Gradient
Rating 10 or 11-25 26-50 >50 10 or 11-25 26-50 >50
less less
-------------------------------------------------------------------------------
Feet Feet Feet Feet Meters Meters Meters Mete-
rs
Extreme 100 75 50 50 30.48 22.86 15.24 15.24
High 150 100 75 50 45.72 30.48 22.86 15.24
Moderate 200 150 100 75 60.96 45.72 30.48 22.35
Low 300 200 150 100 91.44 60.96 45.72 30.48
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(h) Waterbreaks or any other erosion controls on skid trails, cable roads, layouts, firebreaks, abandoned roads, and site preparation areas shall be maintained during the prescribed maintenance period and during timber operations as defined in PRC sections 4527 and 4551.5 so that they continue to function in a manner which minimizes soil erosion and slope instability and which prevents degradation of the quality and beneficial uses of water. The method and timing of waterbreak repair and other erosion control maintenance shall be selected with due consideration given to protection of residual trees and reproduction and the intent of 14 CCR 914.
(i) The prescribed maintenance period for waterbreaks and any other erosion control facilities on skid trails, cable roads, layouts, firebreaks, abandoned roads, and site preparation areas, shall be at least one year.
The Director may prescribe a maintenance period extending as much as three years after filing of the work completion report in accordance with 14 CCR 1050.
Note: Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4562.5, 4562.7, and 4582, Public Resources Code.
s 954.7. Timber Operations, Winter Period.
During the winter period:
(a) Mechanical site preparation and timber harvesting, shall not be conducted unless winter period operating plan is incorporated in the timber harvesting plan and is followed, or unless the requirements of subsection (c) are met. Cable, helicopter and balloon yarding methods are exempted.
(b) The winter period operating plan shall include the specific measures to be taken in winter timber operations to minimize damage due to erosion, soil movement into watercourses and soil compaction from felling, yarding, loading, mechanical site preparation, and erosion control activities. A winter period operating plan shall address the following subjects:
(1) Erosion hazard rating.
(2) Mechanical site preparation methods.
(3) Yarding system (constructed skid trails).
(4) Operating period.
(5) Erosion control facilities timing.
(6) Consideration of form of precipitation-rain or snow.
(7) Ground conditions (soil moisture condition, frozen).
(8) Silvicultural system-ground cover.
(9) Operations within the WLPZ.
(10) Equipment use limitations.
(11) Known unstable areas.
(c) In lieu of a winter period operating plan, the RPF can specify the following measures in the THP:
(1) Tractor yarding or the use of tractors of constructing layouts, firebreaks or other tractor roads shall be done only during dry, rainless periods where soils are not saturated.
(2) Erosion control structures shall be installed on all constructed skid trails and tractor roads prior to the end of the day if the U.S. Weather Service forecast is a "chance" (30 percent or more) of rain before the next day, and prior to weekend or other shutdown periods. The provisions of this subsection do not apply to mechanical site preparation.
(3) Site specific mitigation measures needed to comply with 14 CCR 954 for operations within the WLPZ and unstable areas during the winter period.
Note: Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4562.5, 4562.7 and 4582, Public Resources Code.
s 954.8. Tractor Road Watercourse Crossing.
Watercourse crossing facilities on tractor roads shall be planned, constructed, maintained, and removed according to the following standards:
(a) The number of crossings shall be kept to a minimum. Existing crossing locations shall be used wherever feasible.
(b) A prepared watercourse crossing using a structure such as a bridge, culvert, or temporary log culvert shall be used to protect the watercourse from siltation where tractor roads cross a watercourse in which water may be present during the life of the crossing.
(c) Crossing facilities on watercourses that support fish shall allow for unrestricted passage of all life stages of fish that may be present, and for unrestricted passage of water. Such crossing facilities shall be fully described in sufficient clarity and detail to allow evaluation by the review team and the public, provide direction to the LTO for implementation, and provide enforceable standards for the inspector.
(d) Watercourse crossing facilities not constructed to permanent crossing standards on tractor roads shall be removed before the beginning of the winter period. If a watercourse crossing is to be removed, it shall be removed in accordance with 14 CCR 963.3(d).
(e) If the watercourse crossing involves a culvert, the minimum diameter shall be stated in the THP and the culvert shall be of a sufficient length to extend beyond the fill material.
(f) Consistent with the protection of water quality, exceptions may be provided through the Fish and Game Code and shall be indicated in the plan.
(g) The amendments to 14 CCR s 954.8 that became effective July 1, 2000 shall expire on December 31, 2007.
Note: Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4562.5, 4562.7 and 4582, Public Resources Code.
s 954.9. Alternatives to Standard Rules.
(a) Alternative practices may be developed by the RPF on a site-specific basis provided the following conditions are complied with and the alternative practices will achieve environmental protection at least equal to that which would result from using measures stated in Sections 954.1-954.8.
(1) Environmental impacts with potential for significant adverse effects on the beneficial uses of water, on the residual timber, and on the soil productivity are identified and measures proposed to mitigate such impacts are included in an approved THP. The THP shall also contain a clear statement as to why alternative harvesting and erosion control measures are needed.
(2) The alternative practice(s) must be explained in sufficient detail and standards provided in the THP so that they can be adequately evaluated and enforced by the Director and implemented by the licensed timber operator.
(3) On a THP in which alternatives covering harvesting and erosion control measures have been incorporated, the timber operator shall agree to the alternative specifications by signing and filing with the Director a copy of the plan, the amended plan or a facsimile thereof, prior to beginning or continuing operations on the portion of the plan to which the alternatives apply.
(b) The Director shall not accept for inclusion in a THP alternative harvesting and erosion control measures proposed under this section which do not meet the standard of subsection (a) of this section. In the event that there is more than one written negative position showing that the alternative practice(s) does (do) not meet the standard of subsection (a) received from among the agencies listed in 14 CAC 1037.3 and the Department of Forestry, which participated in the review of the plan including on-the-ground inspection, the Director shall reject the proposed alternative.
(c) Alternative practices stated in an approved THP shall have the same force and authority as those practices required by the standard rule.
Note: Authority cited: Sections 4551, 4551.5, 4552, 4562.5, 4562.7 and 21080, Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 4552, 4562.5, 4562.7, 4582, 21002 and 21080.5, Public Resources Code; Natural Resources Defense Council, Inc. v. Arcata Nat. Corp. (1975) 59 C.A. 3rd 959, 131 Cal. Rptr., 172.
s 955. Purposes.
Site preparation shall be planned and conducted in a manner which encourages maximum timber productivity, minimizes fire hazard, prevents substantial adverse effects to soil resources and to fish and wildlife habi tat, and prevents degradation of the quality and beneficial uses of water. The following provisions shall be applied in a manner which complies with this standard.
Note: Authority cited: Sections 4551, 4551.5 and 4551.7, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4551.5, 4551.7, 4562.5 and 4562.7, Public Resources Code.
s 955.1. Use of Heavy Equipment for Site Preparation.
(a) Use of heavy equipment for site preparation shall comply with the provisions set forth in 14 CCR 954.2.
(b) Heavy equipment shall not be used for site preparation under saturated soil conditions or when it cannot operate under its own power due to wet conditions.
(c) Watercourse crossings for heavy equipment shall be planned, constructed, maintained, and removed in accordance with the requirements for tractor roads in 14 CCR Section 954.8.
(d) Undisturbed areas or energy dissipators shall be used to control and disperse concentrated runoff from roads, landings, tractor roads, firebreaks and erosion control facilities where it flows into site preparation areas.
Note: Authority cited: Sections 4551, 4551.5 and 4551.7, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4551.5, 4551.7, 4562.5 and 4562.7, Public Resources Code.
s 955.2. Treatment of Vegetative Matter.
(a) Piling, burning, and other treatment of snags, slash and vegetative matter and protection of desirable residual trees during site preparation shall comply with 14 CCR Sections 957 through 957.7.
(b) Broadcast burning shall not fully consume the largest organic debris which retains soil on slopes and stabilizes watercourse banks. The Director may approve exceptions to individual requirements when such exceptions are explained and justified in the THP and the exceptions 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 application of the standard rule.
Note: Authority cited: Sections 4551, 4551.5 and 4551.7, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4551.5, 4551.7, 4562.5 and 4562.7, Public Resources Code.
s 955.3. Protection of Natural Resources.
(a) Site preparation activities shall comply with the watercourse and lake protection requirements in 14 CCR Article 6 and 957.3.
(b) Site preparation activities shall comply with the wildlife and habitat protection provisions of 14 CCR Article 9.
(c) Site preparation shall be performed in a manner which does not deleteriously affect species which are threatened, endangered, or designated by the Board as species of special concern. The director may allow exceptions to this standard, if explained and justified in the plan, after consultation with the Department of Fish and Game pursuant to the California Endangered Species Act (F&G Code 2050-2098).
Note: Authority cited: Sections 4551, 4551.5 and 4551.7, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4551.5, 4551.7, 4562.5 and 4562.7, Public Resources Code.
s 955.4. Site Preparation Addendum.
Where site preparation will occur on the logging area, the THP shall incorporate a site preparation addendum which includes the following information:
(a) Whether site preparation will be required to meet stocking.
(b) The general methods of site preparation to be used.
(c) The types of equipment (if any) to be used for mechanical site preparation and firebreak construction.
(d) The methods for protecting any desirable residual trees in accordance with 14 CCR 957.7.
(e) Explanations and justifications for any exceptions or alternatives to the standard rules.
(f) A map identifying the boundaries of site preparation areas, if different from logging area boundaries, and distinguishing areas by type of site preparation activity.
(g) The name, address, and telephone number of the person responsible for conduct of site preparation activities shall be provided prior to conducting site preparation activities.
(h) The estimated timing of site preparation operations.
Note: Authority cited: Sections 4551, 4551.5 and 4551.7, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4551.5, 4551.7, 4562.5 and 4562.7, Public Resources Code.
s 956. Intent of Watercourse and Lake Protection.
The purpose of this article is to ensure that the beneficial uses of water, native aquatic and riparian species, and the beneficial functions of riparian zones are protected from potentially significant adverse site-specific and cumulative impacts associated with timber operations.
It is the intent of the Board to restore, enhance, and maintain the productivity of timberlands while providing equal consideration for the beneficial uses of water. Further, it is the intent of the Board to clarify and assign responsibility for recognition of potential and existing impacts of timber operations on watercourses and lakes, native aquatic and riparian-associated species, and the beneficial functions of riparian zones and to ensure adoption of feasible measures to effectively achieve compliance with this article. Further, it is the intent of the Board that the evaluations that are made, and the measures that are taken or prescribed, be documented in a manner that clearly and accurately represents those existing conditions and those measures. "Evaluations made" pertain to the assessment of the conditions of the physical form, water quality, and biological characteristics of watercourses and lakes, including cumulative impacts affecting the beneficial uses of water on both the area of planned logging operations and in the Watershed Assessment Area (WAA). "Measures taken" pertain to the procedures used or prescribed for the restoration, enhancement, and maintenance of the beneficial uses of water.
All provisions of this article shall be applied in a manner, which complies with the following:
(a) During and following timber operations, the beneficial uses of water, native aquatic and riparian-associated species, and the beneficial functions of riparian zones shall be maintained where they are in good condition, protected where they are threatened, and insofar as feasible, restored where they are impaired.
(b) Protection of the quality and beneficial uses of water during the planning, review, and conduct of timber operations shall comply with all applicable legal requirements including those set forth in any applicable water quality control plan adopted or approved by the State Water Resources Control Board. At a minimum, the LTO shall not do either of the following during timber operations:
(1) Place, discharge, or dispose of or deposit in such a manner as to permit to pass into the waters of the state, any substances or materials, including, but not limited to, soil, silt, bark, slash, sawdust, or petroleum, in quantities deleterious to fish, wildlife, beneficial functions of riparian zones, or the quality and beneficial uses of water;
(2) Remove water, trees or large woody debris from a watercourse or lake, the adjacent riparian area, or the adjacent flood plain in quantities deleterious to fish, wildlife, beneficial functions of riparian zones, or the quality and beneficial uses of water.
(c) Protecting and restoring native aquatic and riparian-associated species, the beneficial functions of riparian zones and the quality and beneficial uses of water shall be given equal consideration as a management objective within any prescribed WLPZ and within any ELZ or EEZ designated for watercourse or lake protection.
(d) The measures set forth in this Section are meant to enforce the public's historical and legal interest in protection for wildlife, fish, and water quality and are to be used to guide timberland owners in meeting their legal responsibilities to protect public trust resources.
(e) The amendments to 14 CCR ss 956 that became effective July 1, 2000 shall expire on December 31, 2007.
Note: Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 4552, 4562.5, 4562.7, 21001(b), (f), 21002 and 21002.1, Public Resources Code; and Sections 100, 1243, 1243.5, 13001, 13050(f), 13146 and 13147, Water Code.
s 956.1. In Lieu Practices.
In rule sections where provision is made for site specific practices to be approved by the director and included in the THP in lieu of a stated rule, the RPF shall reference the standard rule, shall explain and describe each proposed practice, how it differs from the standard practice, and the specific locations where it shall be applied; and shall explain and justify how the protection provided by the proposed practice is at least equal to the protection provided by standard rule.
(a) The in lieu practice(s) must provide for the protection of the beneficial uses of water to the standards of 14 CCR 956.3(b) and 956.4(b).
(b) In lieu practices stated in an approved THP shall have the same enforceability and legal authority as those practices required by the standard rules.
(c) Any in lieu practices which propose less than standard rule WLPZ widths for Class I watercourses shall include 14 CCR 956.5(e) "A" & "D" protection measures.
Note: Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 21001(b), (f), 21002 and 21002.1, Public Resources Code; and 33 USC Section 1288(b)(2)(F).
s 956.2. Protection of the Beneficial Uses of Water and Riparian Functions.
(a) The measures used to protect each watercourse and lake in a logging area shall be determined by the presence and condition of the following values:
(1) The existing and restorable quality and beneficial uses of water as specified by the applicable water quality control plan and as further identified and refined during preparation and review of the plan.
(2) The restorable uses of water for fisheries as identified by the DFG or as further identified and refined during preparation and review of the plan.
(3) Riparian habitat that provides for the biological needs of native aquatic and riparian-associated species as specified in 14 CCR 956.4(b).
(4) Sensitive conditions near watercourses and lakes as specified in 14 CCR 956.4(a).
These values shall be protected from potentially significant adverse impacts from timber operations and restored to good condition, where needed, through a combination of the rules and plan-specific mitigation. The RPF shall propose and the Director may require, adequate protection of overflow and changeable channels which are not contained within the channel zone.
(b) The State's waters are grouped into four classes based on key beneficial uses. These classifications shall be used to determine the appropriate minimum protection measures to be applied during the conduct of timber operations. The basis for classification (characteristics and key beneficial uses) are set forth in 14 CCR 956.5, Table 1 and the range of minimum protective measures applicable to each class are contained in 14 CCR 956.3, 956.4, and 956.5.
(c) When the protective measures contained in 14 CCR 956.5 are not adequate to provide protection to beneficial uses, feasible protective measures shall be developed by the RPF or proposed by the Director under the provisions of 14 CCR 956.6, Alternative Watercourse and Lake Protection, and incorporated in the plan when approved by the Director.
(d) The amendments to 14 CCR s 956.2 that became effective July 1, 2000 shall expire on December 31, 2007.
Note: Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code.
s 956.3. General Limitations near Watercourses, Lakes, Marshes, Meadows and Other Wet Areas.
The quality and beneficial uses of water shall not be unreasonably degraded by timber operations. During timber operations, the timber operator shall not place, discharge, or dispose of or deposit in such a manner as to permit to pass into the water of this state, any substances or materials, including, but not limited to, soil, silt, bark, slash, sawdust, or petroleum, in quantities deleterious to fish, wildlife, or the quality and beneficial uses of water. All provisions of this article shall be applied in a manner which complies with this standard.
(a) When there is reasonable expectation that slash, debris, soil, or other material resulting from timber operations, falling or associated activities, will be deposited in Class I and Class II waters below the watercourse or lake transition line or in watercourses which contain or conduct Class IV water, those harvest activities shall be deferred until equipment is available for its removal, or another procedure and schedule for completion of corrective work is approved by the Director.
(b) Accidental depositions of soil or other debris in lakes or below the watercourse or lake transition line in waters classed I, II, and IV shall be removed immediately after the deposition or as approved by the director.
(c) The timber operator shall not construct or reconstruct roads, construct or use tractor roads or landings in Class I, II, III or IV watercourses, in the WLPZ, marshes, wet meadows, and other wet areas unless explained and justified in the THP by the RPF, and approved by the Director, except as follows:
(1) At prepared tractor road crossings as described in 954.8(b).
(2) Crossings of Class III watercourses which are dry at the time of timber operations.
(3) At existing road crossings.
(4) At new tractor and road crossings approved as part of the Fish and Game Code process (F&GC 1600 et seq.)
Use of existing roads is addressed in 956.4(a).
(d) Vegetation, other than commercial species, bordering and covering meadows and wet areas shall be retained and protected during timber operations unless explained and justified in the THP and approved by the director. Soil within the meadows and wet areas shall be protected to the maximum extent possible.
(e) Trees cut within the WLPZ shall be felled away from the watercourse by pulling or other mechanical methods if necessary, in order to protect the residual vegetation in the WLPZ. Exceptions may be proposed in the THP and used when approved by the director.
(f) Where less than 50% canopy exists in the WLPZs of Class I and II waters before timber operations, only sanitation salvage which protects the values described in 14 CCR 956.4(b) shall be allowed.
(g) Recruitment of large woody debris for instream habitat shall be provided by retaining at least two living conifers per acre at least 16 inches diameter breast high and 50 feet tall within 50 feet of all Class I and II watercourses.
Note: Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4512, 4513, 4551.5 and 21001(f), Public Resources Code; 40 CFR 35.1505; and 33 USC Section 1288(b)(2)(F).
s 956.4. Watercourse and Lake Protection.
(a) The RPF or supervised designee shall conduct a field examination of all lakes and watercourses and shall map all lakes and watercourses which contain or conduct Class I, II, III or IV waters.
(1) As part of this field examination, the RPF or supervised designee shall evaluate areas near, and areas with the potential to directly impact, watercourses and lakes for sensitive conditions including, but not limited to, existing and proposed roads, skidtrails and landings, unstable and erodible watercourse banks, unstable upslope areas, debris, jam potential, inadequate flow capacity, changeable channels, overflow channels, flood prone areas, and riparian zones wherein the values set forth in 14 CCR ss 956.4(b) are impaired. The RPF shall consider these conditions, and those measures needed to maintain, and restore to the extent feasible, the functions set forth in 14 CCR ss 956.4(b), when proposing WLPZ widths and protection measures. The plan shall identify such conditions, including where they may interact with proposed timber operations, that individually or cumulatively significantly and adversely affect the beneficial uses of water, and shall describe measures to protect and restore to the extent feasible, the beneficial uses of water. In proposing, reviewing, and approving such measures, preference shall be given to measures that are on-site, or to offsite measures where sites are located to maximize the benefits to the impacted portion of a watercourse or lake.
(2) As part of this field examination, the RPF or supervised designee shall map the location of spawning and rearing habitat for anadromous salmonids, and the condition of the habitat shall be evaluated using habitat typing that at a minimum identifies the pool, flatwater, and riffle percentages. The opportunity for habitat restoration shall be described within the plan for each Class I watercourse, and for each Class II watercourse that can be feasibly restored to a Class I.
(3) The mapping of conditions identified in subsection (a)(1) and (a)(2) above, and their protective measures, shall be sufficiently clear and detailed to permit the Director and the other review team representatives to evaluate the potential environmental impacts of timber operations, the proposed mitigation measures and the proposed restoration measures.
(4) The mapping of conditions identified in subsection (a)(1) and (a)(2) above, and their protective measures, shall be sufficiently clear and detailed to provide direction and clear guidance to the timber operator.
(5) The mapping of conditions identified in 14 CCR s 956.4 subsections (a)(1) and (a)(2), and their protective and restoration measures, should be done at a scale of 1:2,400. In site-specific cases, the mapping of critical locations of corrective work and logging operation impacts shall be done at a scale of at least 1:240 when the Director determines it is necessary to evaluate the plan.
(6) One set of photocopies of recent stereo aerial photographs of the plan area may be required by the Director.
(b) The standard width of the WLPZ and/or the associated basic protection measures shall be determined from Table I (14 CCR 956.5), or Section 956.4(c), and shall be stated in the plan. A combination of the rules, the plan, and mitigation measures shall provide protection for the following:
a. Water temperature control.
b. Streambed and flow modification by large woody debris.
c. Filtration of organic and inorganic material.
d. Upslope stability.
e. Bank and channel stabilization.
f. Spawning and rearing habitat for salmonids
g. Vegetation structure diversity for fish and riparian wildlife habitat, possibly including but not limited to,
1. Vertical diversity
2. Migration corridor
3. Nesting, roosting, and escape
4. Food abundance
5. Microclimate modification
6. Snags
7. Surface cover
(1) Measures and the appropriate zone widths for the protection of the State's waters which have been taken from Table I (14 CCR 956.5) or developed under Section 956.4(c) shall be stated in the THP.
(2) All timber operations shall conform to the marking, flagging and other identification of protective measures specified in CCR 956.4 and 956.5 and the THP. Conformance shall be determined based on the evaluation of no less than a 200 foot lineal segment of each watercourse or lake.
(3) The width of the WLPZ shall be measured along the surface of the ground from the watercourse or lake transition line or in the absence of riparian vegetation from the top edge of the watercourse bank.
(4) Slopes shall be measured in percent for the proposed WLPZ. If topography within the proposed WLPZ is variable, segments of the proposed WLPZ should be segregated by slope class as indicated in Table I, 14 CCR 956.5.
(5) If requested by either party, and after on-the-ground inspection, the RPF and the Director may increase or decrease the width of a proposed WLPZ. A decrease shall not exceed 25 percent of the width as determined by the procedure prescribed in Sections 14 CCR 956.4(c), and 956.5. Such changes in zone width shall be based on considerations of soil, slope, biologic, hydrologic, and geologic values listed in Section 14 CCR 916.4(b), silvicultural methods, yarding systems, road location, and site preparation activities. In no case shall the width be adjusted to less than 50 feet for Class I and II waters. Where soil surfaced roads exist within the standard WLPZ, no in-lieu reduction of WLPZ width shall be approved.
(6) Within the WLPZ, at least 75 percent surface cover and undisturbed area shall be retained to act as a filter strip for raindrop energy dissipation, and for wildlife habitat.
This percentage may be adjusted to meet site specific conditions when proposed by the RPF and approved by the Director or where broadcast burning is conducted under the terms of a project type burning permit and in compliance with 14 CCR 955.2(b).
(c) The protection and WLPZ widths for Class III and Class IV waters shall prevent the degradation of the downstream beneficial use of water and shall be determined on a site-specific basis.
(1) Where operations occur adjacent to Class III watercourses, the RPF shall designate in the THP an equipment limitation zone (ELZ) of at least 25 feet where sideslope steepness is less than 30% and at least 50 feet where sideslope steepness is 30% or greater unless explained and justified otherwise in the THP and approved by the director. Class III watercourses within logging areas where the EHR is Low and the slopes are less than 30% shall not require an ELZ unless proposed by the RPF or required by the Director. The RPF shall describe the limitations on the use of heavy equipment in the THP. Where appropriate to protect the beneficial uses of water the RPF shall describe additional protection measures which may include surface cover retention, vegetation protection and timber falling limitations. The location of the areas of heavy equipment use in any ELZ shall be clearly described in the plan, or flagged or marked on the ground before the preharvest inspection. When necessary to protect the beneficial use of water, the RPF shall designate and the Director may require a WLPZ for Class III and Class IV waters or an ELZ for Class IV waters.
(2) The width of the WLPZ for Class III and Class IV waters shall be determined from on-site inspection. Minimum protective measures required when Class III and Class IV protection zones are necessary are contained in Table I 14 CCR 956.5.
(3) Soil deposited during timber operations in a Class III watercourse other than at a temporary crossing shall be removed and debris deposited during timber operations shall be removed or stabilized before the conclusion of timber operations, or before October 15. Temporary crossings shall be removed before the winter period, or as approved by the Director.
(4) When approved by the Director on an individual plan basis as provided in Section 14 CCR 956.4(c)(1) Class IV waters shall be exempted from required protection when such protection is inconsistent with the management objectives of the owner of the manmade watercourse.
(d) Heavy equipment shall not be used in timber falling, yarding, or site preparation within the WLPZ unless such use is explained and justified in the THP, and approved by the Director.
(e) Flagging for heavy equipment use within the WLPZ adjacent to Class I waters and for all tractor road watercourse crossings of all watercourses must be completed before the preharvest inspection, if one is conducted or start of operations, whichever comes first. Flagging for heavy equipment use within the WLPZ adjacent to Class II, III and IV waters may be done at the option of the RPF or as required by the director on a site-specific basis.
(f) Subsection (d) does not apply to (1)-(4) below. Subsection (e) does not apply to (2)-(4) below.
(1) At prepared tractor road crossings as described in 954.8(b).
(2) Crossings of Class III watercourses which are dry at the time of timber operations.
(3) At existing road crossings.
(4) At new tractor and road crossings approved as part of the Fish and Game Code process (F&GC 1600 et. seq.)
Note: Authority cited: Sections 4551, 4553, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4512, 4513, 4551.5 and 21001(f), Public Resources Code; Sections 1600 and 5650(c), Fish and Game Code; Sections 100, 13000 and 13050(f), Water Code; and 33 USC Section 1288(b)(2)(F).
s 956.5. Procedure for Determining Watercourse and Lake Protection Zone (WLPZ) Widths and Protective Measures.
The following procedure for determining watercourse and lake protection zone (WLPZ) widths and protective measures. The following procedure for determining WLPZ widths and protective measures shall be followed:
(a) The following information shall be determined from field investigation:
(1) The location of all lakes and watercourses including man made watercourses.
(2) The existing and restorable beneficial uses of the waters to be protected as identified in subsection (1) above.
(3) The side slope classes for the individual class waters to be protected (e.g. < 30%, 30-50%,), where side slope is measured from the watercourse or lake transition line to a point 100 feet upslope from the watercourse or lake transition line, or, in the absence of riparian vegetation, from the top of the watercourse bank. Where slope configurations are variable, a weighted average method shall be used to determine sideslope percent.
(b) The beneficial uses noted from the field investigations in subsection (a) shall be compared to the characteristics or key beneficial uses listed in Row 1 of Table I (14 CCR 956.5) to determine the water classes (e.g. I, II, III, IV, Row 2).
(c) The standard protection zone width differentiated by slope classes determined in subsection (a) are shown in Rows 4-7, Table I (14 CCR 956.5). These widths may be modified as stated in 14 CCR 956.4(b)(5).
(d) The alphabetical letter designations A through I in Rows 4-7, Table 1 14 CCR 956.5, and described in subsection (e) to Table I indicate the standard protective measures to be applied to the classes of water as determined in subsection (b) above.
(e) The letter designations shown in the "Protective Measures and Widths" column in Table I correspond to the following:
"A" WLPZ shall be clearly identified on the ground by the RPF who prepared the plan, or supervised designee, with paint, flagging, or other suitable means prior to the preharvest inspection.
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TABLE I -¢ Y14 CCR 956.5¢ Y¢ R;00037;;IU;14CAADCS956.5;1000937;¢ R PROCEDURES
FOR DETERMINING WATERCOURSE AND LAKE
PROTECTIVE MEASURES [FN1]
Water Class 1) Domestic supplies on 1) Fish always or
Characteristics site and/or within 100 seasonally present
or key feet downstream of the offsite within 1,000
indicator operations area and/or feet downstream and/or
Beneficial Use
2) Fish always or 2) Aquatic habitat for
seasonally pre- sent non-fish aquatic
onsite includes habitat species.
to
sustain fish migration and 3) Excludes Class III
spawning waters that are
tributary to Class I
waters.
WATER CLASS CLASS I CLASS II
SLOPE CLASS (%) WIDTH WIDTH WIDTH WIDTH
PROTECTION PROTECTION PROTECTION PROTECTION
FEET MEASURE FEET MEASURE
<30 75 BDG 50 BEI
30-50 100 BDG 75 BEI
>50 150 [FN2] ADG 100 [FN3] BEI
FN1 See Section 916.5(e) for letter designations applicable to this table.
FN2 Subtract 50 feet width for cable yarding operations
FN3 Subtract 25 feet width for cable yarding operations
1...+...10....+...20....+...30....+...40....+...50....+...60....+...70.... (continued)