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(continued)
(5) The boundary of the watercourse and lake protection zones shall be flagged or otherwise marked on the ground and shall include all slides and areas with visible evidence of slope instability which extend to the watercourse and lake protection zone.
(b) The following requirements shall be adhered to in submitting plans in Coastal Commission Special Treatment Areas:
(1) Plan maps shall be at a scale of at least 4 inches to the mile (6.3 cm per km).
(2) The plan map must show the location of and identify the following: All log landings proposed to be used, and all main skid trails, all logging roads, all watercourses, lakes, marshes and boundaries of Coastal Commission Special Treatment Areas within or contiguous to the plan area.
(3) An initial inspection of the area in which timber operations are to be conducted shall be made within 10 days from the date of filing of the plan, or such longer period as may be mutually agreed upon by the Director and the person submitting the plan. The RPF who prepared the plan shall attend the initial inspection. The timber owner and timber operator or their agents should attend the initial inspections.
(4) In applying the rules the RPF shall, when selecting feasible alternatives required by 14 CAC 898, follow the criteria and management objectives used by the Coastal Commission in selecting that area for special treatment. (See 14 CAC 912.)
Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4551.5, 4582 and 30417, Public Resources Code.
s 961.2. Exemptions from Timber Harvesting Plan Requirements.
Notwithstanding 14 CAC 1038, exemptions from plan filing requirements in the Coastal Commission Special Treatment Areas shall only be allowed for minor operations where no live trees are cut.
Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4551.5, 4583 and 30417, Public Resources Code.
s 961.3. Silvicultural Methods.
The objective of this Section is to prescribe silvicultural methods that will protect the long-term productivity of soils and timberlands in Coastal Commission Special Treatment Areas and protect the natural and scenic qualities of these areas. The following silvicultural methods as prescribed below will be applied in Coastal Commission Special Treatment Areas. 14 CAC 953 through 953.13, defines these methods.
(a) Commercial Thinning or Selection Methods. When the commercial thinning or the selection silvicultural method is used the following standards are required:
(1) In the pine type, after timber operations have been completed, at least 50% by number of those trees 18 inches (45.7 cm) or larger d.b.h. and at least 50% by number of those trees 12 inches (30.5 cm) d.b.h., but less than 18 inches (45.7 cm) d.b.h. must be left.
(2) In the redwood type, after timber operations have been completed, at least 50% by number of those trees 12 to 18 inches (30.5 cm to 45.7 cm), 18 to 32 inches (45.7 cm to 81.3 cm) and 32 inches (81.3 cm) or larger d.b.h. must be left.
(3) These leave tree requirements shall be calculated from the timber stand existing prior to the commencement of timber operations . Leave trees shall be thrifty, coniferous trees which are dominant or co-dominant in crown class prior to timber harvesting or which have crowns typical of such dominant and co-dominant trees. They shall be free from substantial damage caused by timber operations. No cut conifer tree shall be more than 75 feet (22.86 m) from a leave tree over 18 inches (45.7 cm) d.b.h. located within the logging area.
(4) Immediately following completion of timber operations, stocking must meet or exceed stocking standards of 14 CAC 961.4.
(5) A report of stocking as described in PRC 4587 shall be filed within six months following completion of work as described in the plan.
(b) When the Sanitation Salvage Silvicultural Method is used, the following practices are required:
(1) A determined effort shall be made to regenerate any cut area during the first planting season following log removal. Necessary site preparation, planting or seeding shall be completed within the first planting season following logging except where unusual and adverse weather conditions require extending site preparation and planting into the following planting season. Deficiencies in stocking shall be corrected by planting annually until full stocking requirements are met.
(2) Operations utilizing the sanitation salvage silvicultural method shall meet the basal area or point count stocking standards of 14 CAC 961.4 within 5 years after the completion of timber operations.
(c) The standards for silvicultural methods under this section may be modified when explained and justified in the plan. Proposed modifications shall protect the natural and scenic qualities of the Coastal Commission Special Treatment Areas to at least the same extent as otherwise provided in these rules.
Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4551.5, 4561 and 30417, Public Resources Code.
s 961.4. Stocking Requirements.
The stocking standards for substantially damaged timberlands and understocked timberlands as provided by 14 CAC 1080 through 1081.1 and 1085 through 1085.6 are not applicable in Coastal Commission Special Treatment Areas in the Southern Forest District. After completion of timber operations, one of the following stocking standards must be met:
(a) Basal Area. The average residual basal area shall be at least 125 square feet per acre (28.69 m<>2 per ha) on Site I lands, 100 square feet per acre(22.96 m<>2 per ha) on Site II and Site III lands, and 75 square feet per acre (17.22 m<>2 per ha) on Site IV and V lands; or
(b) Point Count. The area contains an average point count as specified below:
(1) On Site I and II lands the area contains an average point count of 450 per acre (1111.9 per ha), to be computed as follows:
(A) 450 countable trees per acre (1111.9 per ha) not more than 4 inches (10.2 cm) d.b.h.; each tree to count as 1 toward meeting stocking requirements.
(B) 150 countable trees per acre (370.6 per ha) over 4 inches (10.2 cm) d.b.h. and not more than 12 inches (30.5 cm) d.b.h.; each tree to count as 3 toward meeting stocking requirements.
(C) 75 countable trees per acre (185.3 per ha) over 12 inches (30.5 cm) d.b.h.; each tree to count as 6 toward meeting stocking requirements.
(2) On Site III, IV and V lands the area contains an average point count of 300 per acre, (741.3 per ha) to be computed as follows:
(A) 300 countable trees per acre (741.3 per ha) not more than 4 inches (10.2 cm) d.b.h.; each tree to count as 1 toward meeting stocking requirements.
(B) 100 countable trees per acre (247.1 per ha) over 4 inches (10.2 cm) d.b.h. and not more than 12 inches (30.5 cm) d.b.h.; each tree to count as 3 toward meeting stocking requirements.
(C) 50 countable trees per acre (123.5 per ha) over 12 inches (30.5 cm) d.b.h; each tree to count as 6 toward meeting stocking requirements.
Redwood root crown sprouts will be counted using the average stump diameter 1 foot (.305 m) above average ground level of the original stump from which the redwood root crown sprouts originate counting 1 sprout for each 1 foot (.305 m) of stump diameter to a maximum of 6 per stump.
Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4551.5, 4583 and 30417, Public Resources Code.
s 961.5. Logging Practices.
The following logging practices shall be adhered to:
(a) Tractor logging and tractor preparation of tree layouts shall not be permitted on slopes averaging over 50% unless it can be shown that tractor logging will result in less soil disturbance than would result from an alternative method.
(b) Roads shall be single lane, and generally the travel surface shall be no more than 12 feet (3.67 m) in width, except where alignment, safety, and equipment necessary to conduct the operation requires additional width. Deviations shall be explained and justified in the plan.
(c) An RPF may obtain a relocation of the main skid trails from that shown on the approved plan if the Director concurs after an inspection on the ground. Such relocation may be treated as a minor deviation with the plan so amended.
(d) Roads shall not be constructed through slide areas or areas with visible evidence of slope instability unless the alignment is the best available alternative and special design features are incorporated in the plan. There shall be provisions in the plan to maintain the design features or provisions to maintain or improve the stability of the area after completion of the use.
(e) Roads, landings, cuts and fills shall be screened from direct view to the extent feasible by leaving screen trees and other vegetation between the disturbed areas and public areas utilized by substantial numbers of viewers.
(f) Soil disturbance, other than that incident to necessary road maintenance, whether with tractor or by cable means, shall not occur under excessively wet ground conditions that could result in substantial soil compaction and erosion.
Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4551.5, 4562.5, 4562.7 and 30417, Public Resources Code.
s 961.6. Hazard Reduction.
There shall be no broadcast burning within Coastal Commission Special Treatment Areas. Piles surrounded by a firebreak may be burned, provided the burning is confined to the individual pile, and is in a location and conducted in a manner that will not damage the residual trees or reproduction. An exception may be approved by the Director when a prescribed burning plan is submitted as part of the plan which explains and justifies broadcast burning in the Coastal Commission Special Treatment Areas.
Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4551.5, 4583 and 30417, Public Resources Code.
s 961.7. Watercourse and Lake Protection.
Watercourse and lakeside vegetation shall be protected and remain standing to the degree necessary to protect scenic and natural qualities and protect the beneficial uses of water. In addition to the requirements of 14 CCR 956 through 956.8, the following standards shall apply in the Coastal Commission Special Treatment Areas:
The Watercourse and Lake Protection Zone shall be 150 feet on each side of Class I watercourses and lakes, and 100 feet on each side of Class II watercourses.
Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4551.5, 4562.7 and 30417, Public Resources Code.
s 961.8. Buffer Zones Within the Coastal Zone.
A 200 foot (60.96 m) buffer zone shall be established adjacent to the boundaries of all publicly owned preserves and recreation areas within the Coastal Zone where the following restrictions shall apply:
(a) The use of the clear-cut silvicultural method is prohibited.
(b) A well distributed stand of trees shall be left within the buffer zone. The leave tree requirements of the commercial thinning or selection method shall be met or exceeded immediately following completion of timber operations.
(c) Roads, landings, and cuts and fills shall be screened from direct view by leaving screen trees and other vegetation between the disturbed areas and public areas utilized by substantial numbers of viewers.
Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4551.5, 4583 and 30417, Public Resources Code.
s 963. Logging Roads and Landings.
All logging roads and landings in the logging area shall be planned, located, constructed, reconstructed, used, and maintained in a manner which: is consistent with long-term enhancement and maintenance of the forest resource; best accommodates appropriate yarding systems and economic feasibility; minimizes damage to soil resources and fish and wildlife habitat; and prevents degradation of the quality and beneficial uses of water. The provisions of this article shall be applied in a manner which complies with this standard.
Factors that shall be considered when selecting feasible alternatives (see 14 CCR 897 and 898) shall include, but are not limited to, the following:
(a) Use of existing roads whenever feasible.
(b) Use of systematic road layout patterns to minimize total mileage.
(c) Planned to fit topography to minimize disturbance to the natural features of the site.
(d) Avoidance of routes near the bottoms of steep and narrow canyons, through marshes and wet meadows, or unstable areas, and near watercourses or near existing nesting sites of threatened or endangered bird species.
(e) Minimization of the number of watercourse crossings.
(f) Location of roads on natural benches, flatter slopes and areas of stable soils to minimize effects on watercourses.
(g) Use of logging systems which will reduce excavation or placement of fills on unstable areas.
Note: Authority cited: Sections 4551, 4551.5, 4553 and 4562.5, Public Resources Code. Reference: Sections 4512, 4551.5, 4562.5 and 4562.7, Public Resources Code; California Case Law: Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1972) 59 Cal.App.3d 959, 131 Cal. Rptr. 172.
s 963.1. Planning for Roads and Landings.
The following standards for logging roads and landings shall be adhered to:
(a) All logging roads shall be located and classified on the THP map as permanent, seasonal, or temporary. Road failures on existing roads which will be reconstructed shall also be located on the THP map. In addition to the requirements of 14 CCR 1034(v), the probable location of those landings which require substantial excavation or which exceed one quarter acre in size, shall be shown on the THP map.
(b) New logging roads shall be planned in accordance with their classification and maintenance requirements.
(c) Logging roads and landings shall be planned and located, when feasible, to avoid unstable areas. The Director shall approve an exception if those areas are unavoidable, and site-specific measures to minimize slope instability due to construction are described and justified in the THP.
(d) Where roads and landings will be located across 100 feet or more of lineal distance on any slopes over 65% or on slopes over 50% which are within 100 feet of the boundary of a WLPZ, measures to minimize movement of soil and the discharge of concentrated surface runoff shall be incorporated in the THP. The Director may waive inclusion of such measures where the RPF can show that slope depressions, drainage ways, and other natural retention and detention features are sufficient to control overland transport of eroded material. The Director may require end-hauling of material from areas within 100 feet of the boundary of a WLPZ to a stable location if end-hauling is feasible and is necessary to protect water quality. The Director shall require maintenance provisions in the THP for drainage structures and facilities provided that such maintenance is feasible and necessary to keep roadbeds and fills stable.
(e) New logging roads shall not exceed a grade of 15% except that pitches of up to 20% shall be allowed not to exceed 500 continuous feet (152.4 m). These percentages and distances may be exceeded only where it can be explained and justified in the THP that there is no other feasible access for harvesting of timber or where in the Northern or Southern Districts use of a gradient in excess of 20% will serve to reduce soil disturbance.
(f) Roads and landings shall be planned so that an adequate number of drainage facilities and structures are installed to minimize erosions on roadbeds, landing surfaces, sidecast and fills.
(g) Unless exceptions are explained and justified in the THP, general planning requirements for roads shall include:
(1) Logging roads shall be planned to a single-lane width compatible with the largest type of equipment used in the harvesting operation with turnouts at reasonable intervals.
(2) Roads shall be planned to achieve as close a balance between cut volume and fill volume as is feasible.
(3) When roads must be planned so that they are insloped and ditched on the uphill side, drainage shall be provided by use of an adequate number of ditch drains.
(h) Road construction shall be planned to stay out of Watercourse and Lake Protection Zones. When it is a better alternative for protection of water quality or other forest resources, or when such roads are the only feasible access to timber, exceptions may be explained and justified in the THP and shall be agreed to by the Director if they meet the requirements of this subsection.
(i) All logging roads to be constructed shall be flagged or otherwise identified on the ground before submission of a THP or substantial deviation, except for temporary roads less than 600 feet in length that would meet the requirements for a minor deviation (see 14 CCR 1036, 1039, 1040) if they were submitted as such. Exceptions may be explained and justified in the THP and agreed to by the Director if flagging or other identification is unnecessary as a substantial aid to examining (1) compatibility between road location and yarding and silvicultural systems or (2) possible significant adverse effects of road location on water quality, soil productivity, wildlife habitat, or other special features of the area.
(j) If logging roads will be used from the period of October 15 to May 1, hauling shall not occur when saturated soil conditions exist on the road.
Note: Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4551 and 4551.5, Public Resources Code; 33 USC 1288(b) and 40 CFR 130.2(q); California Case Law: Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1972) 59 Cal.App.3d 959, 131 Cal. Rptr. 172.
s 963.2. Road Construction.
Logging roads shall be constructed or reconstructed in accordance with the following requirements or as proposed by the RPF, justified in the THP, and found by the Director to be in conformance with the requirements of this article.
(a) Logging roads shall be constructed in accordance with the approved THP. If a change in designation of road classification is subsequently made, the change shall be reported in accordance with 14 CCR 1039 or 1040, as appropriate.
(b) Where a road section which is greater than 100 feet in length crosses slopes greater than 65 percent, placement of fill is prohibited and placement of sidecast shall be minimized to the degree feasible. The Director may approve an exception where site specific measures to minimize slope instability, soil erosion, and the discharge of concentrated surface runoff are described and justified in the THP.
(c) On slopes greater than 50 percent, where the length of road section is greater than 100 feet, and the road is more than 15 feet wide (as measured from the base of the cut slope to the outside of the berm or shoulder of the road) and the fill is more than 4 feet in vertical height at the road shoulder for the entire 100 feet the road shall be constructed on a bench that is excavated at the proposed toe of the compacted fill and the fill shall be compacted. The Director may approve exception to this requirement where on a site-specific basis if the RPF has described and justified an alternative practice that will provide equal protection to water quality and prevention of soil erosion.
(d) Roads shall be constructed so no break in grade, other than that needed to drain the fill, shall occur on through fill; breaks in grade shall be above or below the through fill, as appropriate. Where conditions do not allow the grade to break as required, through fills must be adequately protected by additional drainage structure or facilities.
(e) Through fills shall be constructed in approximately one foot lifts.
(f) On slopes greater than 35 percent, the organic layer of the soil shall be substantially disturbed or removed prior to fill placement. The RPF may propose an exception in the THP and the Director may approve the exception where it is justified that the fill will be stabilized.
(g) Excess material from road construction and reconstruction shall be deposited and stabilized in a manner or in areas where downstream beneficial uses of water will not be adversely affected.
(h) Drainage structures and facilities shall be of sufficient size, number and location to carry runoff water off of roadbeds, landings and fill slopes. Drainage structures or facilities shall be installed so as to minimize erosion, to ensure proper functioning, and to maintain or restore the natural drainage pattern. Permanent watercourse crossings and associated fills and approaches shall be constructed where feasible to prevent diversion of stream overflow down the road and to minimize fill erosion should the drainage structure become plugged.
(i) Where there is evidence that soil and other debris is likely to significantly reduce culvert capacity below design flow, oversize culverts, trash racks, or similar devices shall be installed in a manner that minimizes culvert blockage.
(j) Waste organic material, such as uprooted stumps, cull logs, accumulations of limbs and branches, and unmerchantable trees, shall not be buried in road fills. Wood debris or cull logs and chunks may be placed and stabilized at the toe of fills to restrain excavated soil from moving downslope.
(k) Logging roads shall be constructed without overhanging banks.
(l) Any tree over 12 inches (30.5 cm) d.b.h. with more than 25 percent of the root surface exposed by road construction, shall be felled concurrently with the timber operations.
(m) Sidecast or fill material extending more than 20 feet (6.1 m) in slope distance from the outside edge of the roadbed which has access to a watercourse or lake which is protected by a WLPZ shall be seeded, planted, mulched, removed, or treated as specified in the THP, to adequately reduce soil erosion.
(n) All culverts at watercourse crossings in which water is flowing at the time of installation shall be installed with their necessary protective structures concurrently with the construction and reconstruction of logging roads. Other permanent drainage structures shall be installed no later than October 15. For construction and reconstruction of roads after October 15, drainage structures shall be installed concurrently with the activity.
(o) Drainage structures and drainage facilities on logging roads shall not discharge on erodible fill or other erodible material unless suitable energy dissipators are used. Energy dissipators suitable for use with waterbreaks are described in 14 CCR 954.6(f).
(p) Where roads do not have permanent and adequate drainage, the specifications of section 954.6 shall be followed.
(q) Drainage facilities shall be in place and functional by October 15. An exception is that waterbreaks do not need to be constructed on roads in use after October 15 provided that all such waterbreaks are installed prior to the start of rain that generates overland flow.
(r) No road construction shall occur under saturated soil conditions, except that construction may occur on isolated wet spots arising from localized ground water such as springs, provided measures are taken to prevent material from significantly damaging water quality.
(s) Completed road construction shall be drained by outsloping, waterbreaks and/or cross-draining before October 15. If road construction takes place from October 15 to May 1, roads shall be adequately drained concurrent with construction operations.
(t) Roads to be used for log hauling during the winter period shall be, where necessary, surfaced with rock in depth and quantity sufficient to maintain a stable road surface throughout the period of use. Exceptions may be proposed by the RPF, justified in the THP, and found by the Director to be in conformance with the requirements of this subsection.
(u) Slash and other debris from road construction shall not be bunched against residual trees which are required for silvicultural or wildlife purposes, nor shall it be placed in locations where it could be discharged into Class I or II watercourses.
(v) Road construction activities in the WLPZ, except for stream crossings or as specified in the THP, shall be prohibited.
Note: Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4562.5 and 4562.7, Public Resources Code; 33 USC 1288(b); Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal.App.3d 959, 131 Cal. Rptr. 172.
s 963.3. Watercourse Crossings.
Watercourse crossing drainage structures on logging roads shall be planned, constructed, reconstructed, and maintained or removed, according to the following standards. Exceptions may be provided through application of Fish and Game Code Sections 1601 and 1603 and shall be included in the THP.
(a) The location of all new permanent watercourse crossing drainage structures and temporary crossings located within the WLPZ shall be shown on the THP map. If the structure is a culvert intended for permanent use, the minimum diameter of the culvert shall be specified in the plan. Extra culverts beyond those shown in the THP map may be installed as necessary.
(b) The number of crossings shall be kept to a feasible minimum.
(c) Drainage structures on watercourses that support fish shall allow for unrestricted passage of all life stages of fish that may be present, and shall be fully described in the plan in sufficient clarity and detail to allow evaluation by the review team and the public, provide direction to the LTO for implementation, and provide enforceable standards for the inspector.
(d) When watercourse crossings, other drainage structures, and associated fills are removed the following standards shall apply:
(1) Fills shall be excavated to form a channel that is as close as feasible to the natural watercourse grade and orientation, and that is wider than the natural channel.
(2) The excavated material and any resulting cut bank shall be sloped back from the channel and stabilized to prevent slumping and to minimize soil erosion. Where needed, this material shall be stabilized by seeding, mulching, rock armoring, or other suitable treatment.
(e) All permanent watercourse crossings that are constructed or reconstructed shall accommodate the estimated 100-year flood flow, including debris and sediment loads.
(f) Permanent watercourse crossings and associated fills and approaches shall be constructed or maintained to prevent diversion of stream overflow down the road and to minimize fill erosion should the drainage structure become obstructed. The RPF may propose an exception where explained in the THP and shown on the THP map and justified how the protection provided by the proposed practice is at least equal to the protection provided by the standard rule.
(g) Any new permanent culverts installed within class I watercourses shall allow upstream and downstream passage of fish or listed aquatic species during any life stage and for the natural movement of bedload to form a continuous bed through the culvert and shall require an analysis and specifications demonstrating conformance with the intent of this section and subsection.
(h) The amendments to 14 CCR ss 963.3 that became effective July 1, 2000 shall expire on December 31, 2007.
Note: Authority cited: Sections 4551, 4551.5 and 21004, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4562.5 and 4562.7, Public Resources Code; 40 CFR 130.2(q); and California Case Law:Natural Resources Defense Council, Inc. v.Arcata Natl. Corp. (1972) 59 Cal. App. 3d 959, 131 Cal. Rptr. 172.
s 963.4. Road Maintenance.
Logging roads, landings, and associated drainage structures used in timber operation shall be maintained in a manner which minimizes concentration of runoff, soil erosion, and slope instability and which prevents degradation of the quality and beneficial uses of water during timber operations and throughout the prescribed maintenance period. In addition those roads which are used in connection with stocking activities shall be maintained throughout their use even if this is beyond the prescribed maintenance period.
(a) The prescribed maintenance period for erosion controls on permanent and seasonal roads and associated landings and drainage structures which are not abandoned in accordance with 14 CCR 963.8 shall be at least one year. The Director may prescribe a maintenance period extending up to three years in accordance with 14 CCR 1050.
(b) Upon completion of timber operations, temporary roads and associated landings shall be abandoned in accordance with 14 CCR 963.8.
(c) Waterbreaks shall be maintained as specified in 14 CCR 914.6.
(d) Unless partially blocked to create a temporary water source, watercourse crossing facilities and drainage structures, where feasible, shall be kept open to the unrestricted passage of water. Where needed, trash racks or similar devices shall be installed before culvert inlets in a manner which minimizes culvert blockage. Temporary blockages shall be removed by November 15.
(e) Before the beginning of the winter period, all roadside berms shall be removed from logging roads or breached, except where needed to facilitate erosion control.
(f) Drainage structures, if not adequate to carry water from the fifty-year flood level, shall be removed in accordance with 14 CCR 963.3 (d) by the first day of the winter period, before the flow of water exceeds their capacity if operations are conducted during the winter period, or by the end of timber operations whichever occurs first. Properly functioning drainage structures on roads that existed before timber operations need not be removed. An RPF may utilize an alternative practice, such as breaching of fill, if the practice is approved by the Director as providing greater or equal protection to water quality as removal of the drainage structure.
(g) Temporary roads shall be blocked or otherwise closed to normal vehicular traffic before the winter period.
(h) During timber operations, road running surfaces in the logging area shall be treated as necessary to prevent excessive loss of road surface materials by, but not limited to, rocking, watering, chemically treating, asphalting or oiling.
(i) Soil stabilization treatments on road or landing cuts, fills, or sidecast shall be installed or renewed, when such treatment could minimize surface erosion which threatens the beneficial uses of water.
(j) Drainage ditches shall be maintained to allow free flow of water and to minimize soil erosion.
(k) Action shall be taken to prevent failures of cut, fill, or sidecast slopes from discharging materials into watercourses or lakes in quantities deleterious to the quality or beneficial uses of water.
(l) Each drainage structure and any appurtenant trash rack shall be maintained and repaired as needed to prevent blockage and to provide adequate carrying capacity. Where not present, new trash racks shall be installed if there is evidence that woody debris is likely to significantly reduce flow through a drainage structure.
(m) Inlet and outlet structures, additional drainage structures, and other features to provide adequate capacity and to minimize erosion of road and landing fill and sidecast shall be repaired, replaced, or installed wherever such maintenance is needed to protect the quality and beneficial uses of water.
(n) Permanent watercourse crossings and associated approaches shall be maintained to prevent diversion of stream overflow down the road should the drainage structure become plugged. Corrective action shall be taken before the completion of timber operations or the drainage structure shall be removed in accordance with 14 CCR Section 963.3(d).
(o) Except for emergencies and maintenance needed to protect water quality, use of heavy equipment for maintenance is prohibited during wet weather where roads or landings are within a watercourse and lake protection zone.
(p) The Director may approve an exception to a requirement set forth in subsections (b) through (o) above when such exceptions are explained and justified in the THP and the exception would provide for the protection of the beneficial uses of water or control erosion to a standard at least equal to that which would result from the application of the standard rule.
Note: Authority cited: Sections 4551, 4551.5, 4553, 4561.7, 4562.9 and 21004, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4562.5 and 4562.7, Public Resources Code; 33 USC 1288(b); Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1972) 59 Cal. App. 3d 959, 131 Cal. Rptr. 172.
s 963.5. Landing Construction.
Landings shall be constructed according to the following standards:
(a) On slopes greater than 65 percent, no fill shall be placed and sidecast shall be minimized to the degree feasible. The Director may approve an exception if, site specific measures to minimize slope instability, soil erosion, and discharge of concentrated surface runoff are described and justified in the THP.
(b) On slopes greater than 50 percent, fills greater than 4 feet in vertical height at the outside shoulder of the landing shall be:
(1) constructed on a bench that is excavated at the proposed toe of the fill and is wide enough to compact the first lift, and
(2) compacted in approximately 1 foot lift from the toe to the finished grade. The RPF or supervised designee shall flag the location of this bench or the RPF shall provide a description of the bench location (narrative or drawing) in the THP for fills meeting the above criteria, where the length of landing section is greater than 100 feet. The RPF may propose an exception in the THP and the Director may approve the exception where it is justified that the landing will be stabilized.
(c) Waste organic material, such as uprooted stumps, cull logs, accumulations of limbs and branches, or unmerchantable trees, shall not be buried in landing fills. Wood debris or cull logs and chunks may be placed and stabilized at the toe of landing fills to restrain excavated soil from moving downslope.
(d) Constructed landings shall be the minimum in width, size, and number consistent with the yarding and loading system to be used. Landings shall be no larger than one-half acre (.202 ha) unless explained and justified in the THP.
(e) No landing construction shall occur under saturated soil condition.
(f) The following specifications shall be met upon completion of timber operations for the year or prior to October 15, whichever occurs first:
(1) Overhanging or unstable concentrations of slash, woody debris and soil along the downslope edge or face of the landings shall be removed or stabilized when they are located on slopes over 65 percent or on slopes over 50 percent within 100 feet of a WLPZ.
(2) Any obstructed ditches and culverts shall be cleaned.
(3) Landings shall be sloped or ditched to prevent water from accumulating on the landings. Discharge points shall be located and designed to reduce erosion.
(4) Sidecast or fill material extending more than 20 feet in slope distance from the outside edge of the landing and which has access to a watercourse or lake shall be seeded, planted, mulched, removed or treated as specified in the THP to adequately reduce soil erosion.
(5) Sidecast or fill material extending across a watercourse shall be removed in accordance with standards for watercourse crossing removal set forth in 14 CCR 963.3(d).
(g) On slopes greater than 35 percent, the organic layer of the soil shall substantially removed prior to fill placement.
(h) When landings are constructed after October 15 they shall be adequately drained concurrent with construction operations and shall meet the requirements of (f)(1) through (f)(4) of this subsection upon completion of operations at that landing.
(i) The RPF may propose and the Director may approve waiver of requirements in (f)(1) through (f)(4) of this subsection if the Director finds they are not necessary to minimize erosion or prevent damage to downstream beneficial uses. The Director may also approve an exception to the October 15th date for treatment of slash and debris, including the practice of burning.
Note: Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4562.5 and 4562.7, Public Resources Code; 33 USC 1288(b) and 40 CFR 130.2(q); California Case Law: Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal.App.3d 959, 131 Cal. Rptr. 172.
s 963.6. Conduct of Operations on Roads and Landings.
Routine use and maintenance of roads and landings shall not take place when, due to general wet conditions, equipment cannot operate under its own power. Operations may take place when roads and landings are generally firm and easily passable or during hard frozen conditions. Isolated wet spots on these roads or landings shall be rocked or otherwise treated to permit passage. However, operations and maintenance shall not occur when mud flowing from the landing or roadbed will reach watercourses or lakes in amounts deleterious to the quality and beneficial uses of water.
This section shall not be construed to prohibit activities undertaken to protect the road or to reduce erosion.
Note: Authority cited: Sections 4551, 4551.5, 4553, 4562.9 and 21004, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4562.5 and 4562.7, Public Resources Code; 33 USC 1288(b) and 40 CFR 130.2(q); California Case Law: Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1972) 59 Cal. App. 3d 959, 131 Cal. Rptr. 172.
s 963.7. Licensed Timber Operator Responsibility for Roads and Landings.
The licensed timber operator who is responsible for the implementation or execution of the plan shall not be responsible for the construction and maintenance of roads and landings, unless the licensed timber operator is employed for that purpose.
Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4512 and 4513, Public Resources Code.
s 963.8. Planned Abandonment of Roads, Watercourse Crossings, and Landings.
Abandonment of roads, watercourse crossings and landings shall be planned and conducted in a manner which provides for permanent maintenance-free drainage, minimizes concentration of runoff, soil erosion and slope instability, prevents unnecessary damage to soil resources, promotes regeneration, and protects the quality and beneficial uses of water. General abandonment procedures shall be applied in a manner which satisfies this standard and include the following:
(a) Blockage of roads so that standard production four wheel-drive highway vehicles cannot pass the point of closure at the time of abandonment.
(b) Stabilization of exposed soil on cuts, fills, or sidecast where deleterious quantities of eroded surface soils may be transported into a watercourse.
(c) Grading or shaping of road and landing surfaces to provide dispersal of water flow.
(d) Pulling or shaping of fills or sidecast where necessary to prevent discharge of materials into watercourses due to failure of cuts, fills, or sidecast.
(e) Removal of watercourse crossings, other drainage structures, and associated fills in accordance with 14 CCR Section 963.3(d). Where it is not feasible to remove drainage structures and associated fills, the fill shall be excavated to provide an overflow channel which will minimize erosion of fill and prevent diversion of overflow along the road should the drainage structure become plugged.
The Director may approve an exception to a requirement set forth in (b) through (e) above when such alternatives are explained and justified in the THP and the exception would provide for the protection of the beneficial uses of water or control erosion to a standard at least equal to that which would result from the application of the standard rule.
Note: Authority cited: Sections 4551, 4551.5, 4562.7 and 4562.9, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4562.7 and 4562.9, Public Resources Code.
s 963.9. Roads and Landings in Watersheds with Threatened or Impaired Values.
In addition to all other district Forest Practice Rules, the following requirements shall apply in any planning watershed with threatened or impaired values:
(a) Where logging road or landing construction or reconstruction is proposed, the plan shall state the locations of and specifications for road or landing abandonment or other mitigation measures to minimize the adverse effects of long-term site occupancy of the transportation system within the watershed.
(b) Unless prohibited by existing contracts with the U.S.D.A. Forest Service or other federal agency, new and reconstructed logging roads shall be no wider than a single-lane compatible with the largest type of equipment specified for use on the road, with adequate turnouts provided as required for safety. The maximum width of these roads shall be specified in the plan. These roads shall be outsloped where feasible and drained with water breaks or rolling dips (where the road grade is inclined at 7 percent or less), in conformance with other applicable Forest Practice Rules.
(c) The following shall apply on slopes greater than 50%:
(1) Specific provisions of construction shall be identified and described for all new roads.
(2) Where cutbank stability is not an issue, roads may be constructed as a full-benched cut (no fill). Spoils not utilized in road construction shall be disposed of in stable areas with less than 30 percent slope and outside of any WLPZ, EEZ, or ELZ.
(3) Alternatively, roads may be constructed with balanced cuts and fills if properly engineered, or fills may be removed with the slopes recontoured prior to the winter period.
(d) In addition to the provisions listed under 14 CCR 963.1(e), all permanent or seasonal logging roads with a grade of 15% or greater that extends 500 continuous feet or more shall have specific erosion control measures stated in the plan.
(e) Where situations exist that elevate risks to the values set forth in 14 CCR 956.2(a), (e.g., road networks are remote, the landscape is unstable, water conveyance features historically have a high failure rate, culvert fills are large) drainage structures and erosion control features shall be oversized, low maintenance, or reinforced, or they shall be removed before the completion of the timber operation. The method of analysis and the design for crossing protection shall be included in the plan.
(f) The provisions of 14 CCR 963.9 shall not apply to a plan that is subject to an incidental take permit based upon an approved Habitat Conservation Plan that addresses anadromous salmonid protection.
(g) This section shall expire on December 31, 2007.
Note: Authority cited: Sections 4551, 4551.5, 4553, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551, 4551.5, 4562.5, 4562.7, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; Sections 1600 and 5650(c), Fish and Game Code; andNatural Resources Defense Council, Inc. v. Arcata Natl. Corp.(1976) 59 Cal.App. 3d 959, 131 Cal.Rptr. 172.
s 965. Monterey County Rules.
In addition to forest practice rules applying in the Southern Forest District, rules contained in Sections 965.1 through 965.10 shall apply within the boundaries of Monterey County. Where the Southern Forest District rules conflict with Monterey County rules, the Monterey County rules will apply.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 965.1. Haul Routes.
On timber operations requiring a plan all haul routes for removing forest products shall be shown on a road map and shall include routes from the harvest site to the mill or county line. Such map shall be submitted with the plan. A proposed change in the use of public roads that are part of the haul route shall be presumed to be a substantial deviation unless the plan submitter requests that the proposed change be considered a minor deviation in accordance with the procedures set forth in 14 CAC 1036 and 1040 and the Director so determines. The Director shall consult with the County Planning Department and Public Works Department before giving approval.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 965.2. Hauling to the Nearest Public Road.
Those portions of offsite haul roads to be used in the conduct of the timber operation, from the area where timber harvesting is to occur to the nearest public road, shall be shown on the plan. In addition to the requirements to furnish a list of certain property owners pursuant to 14 CAC 1032.7(e), the plan submitter shall furnish to the Department at the time of submission of the plan the names and addresses of property owners with property fronting or bordering that portion of the haul route lying between the plan area and the nearest public road. California Department of Forestry shall give notice of public hearing if requested by the county to each of these owners and those individuals specified in 14 CAC 1037.1(b) and 1037.3.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Sections 4516.5 and 4582.6(b), Public Resources Code.
s 965.3. Public Road Protection.
The construction of logging roads, tractor roads, or landings within 100 feet of the edge of the traveled surface of a public road is prohibited except where:
(a) Logging roads are needed for access to the area to be harvested.
(b) It is explained and justified in the plan where construction of these facilities in this area will result in better protection of scenic values or provide better erosion control in the conduct of the timber operation.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 965.4. Log Hauling.
(a) Log hauling on public roads is not permitted on Saturdays, Sundays, or on those days which are nationally designated legal holidays.
(b) Log hauling on public roads may be restricted or not permitted by the Director during specified hours to prevent hazardous traffic conditions.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 965.5. Winter Period.
The winter period for Monterey County shall be October 15 through April 15.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 965.6. Big Sur Coast.
The following rules shall apply to all Timber Harvesting Plans within the area covered by the Big Sur Coast Land Use Plan of September 13, 1984 (Big Sur LUP).
(a) West of Highway 1 or within the critical viewshed of Highway 1 as defined in the Big Sur LUP only the sanitation-salvage silvicultural method will be permitted.
(b) Timber operations outside the critical viewshed of Highway 1 shall be screened from direct public view to the extent feasible by leaving trees and other vegetation between disturbed areas and public roads.
(c) New road construction is not permitted within the critical viewshed of Highway 1 unless a field review of the proposed road reveals no significant degradation of the critical viewshed. New road construction outside the critical viewshed shall be located to minimize the removal of native trees and shall not be allowed across slopes over 30 percent unless no feasible alternative exists for the proposed location, or the road better achieves the overall resource protection objectives.
(d) All excess material resulting from new road construction shall be end hauled and deposited in an area where visual impact will be minimized. Sidecasting of excess material is prohibited.
(e) Within environmentally sensitive plant and wildlife habitats as described in the Big Sur LUP, the Director shall require a field review by a qualified wildlife biologist prior to approval of the THP. If the field review identifies significant adverse effects to the habitat, the Director shall deny the THP unless measures sufficient to mitigate the adverse effects are included in the THP.
(f) Within those drainages identified in the Big Sur LP and designated by Monterey County as watershed resource study areas, the Director shall require a field review by a qualified hydrologist or erosion control specialist prior to approval of the THP. If the field review identifies significant adverse effects to the cumulative water demands of the watershed, the Director shall deny the THP unless measures sufficient to mitigate the adverse effects on water supply are included in the THP.
(g) In addition to the requirements of 14 CAC 956 through 956.7, the minimum watercourse and lake protection zone shall be 150 feet on Class I and II waters unless a smaller zone can be explained and justified in the THP.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 965.7. Public Water Agency Representative.
In the case of any timber operation proposed to be carried out in an area which serves as a watershed for any publicly owned water purveyor, the Director shall request a representative of such water purveyor to assist the Department as an advisor in the review process, pursuant to the provision of 14 CAC 1037.5; such water purveyor representative shall be permitted to participate in all review team meetings. (continued)