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(continued)
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 965.8. Performance Bonding.
When hauling logs pursuant to a THP, the LTO shall provide for the repair of any damage to a county road that is willfully or negligently caused by the LTO's log hauling operations, and shall provide for the repair of any damage caused by the LTO's log hauling operations to appurtenant structures including, but not limited to, guard rails, signs, traffic signals, culverts, curbs and similar facilities. If necessary to ensure compliance with this section, the county may request, and the Department, upon such request, may require the timber operator or responsible party to post adequate financial security to restore paved or unpaved county roads and appurtenant structures which are damaged by log hauling operations. The request for posting of financial security shall be made to the Department during the THP review procedure and no later than five days before the Director's decision date. The timber operator or responsible party shall post a certificate of deposit, certificate of insurance or performance bond, or other financial security in favor of the Department in a reasonable amount set by the Director, not to exceed $5,000 per mile of county road used or $50,000, whichever is less and subject to provisions of division 3, part I, chapter 1, article 8, section 11110 through 11113 of the Government Code. Such cash deposit or other acceptable financial security shall cover a period not to exceed the effective period of the plan.
Note: Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4551 and 4553, Public Resources Code.
s 965.9. Erosion Control Maintenance.
The plan submitter shall maintain all drainage structures and drainage facilities required by these rules in effective working condition throughout one winter period after completion of timber operations. A work completion report may not be filed until this requirement has been met.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 965.10. THP Description.
In addition to the requirements of 14 CAC 1034(g), the THP description shall include the assessor's parcel numbers of all parcels on which timber operations will be conducted.
Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
s 969. Statement of Purpose.
The purpose of this article is to:
(a) ensure that the significant archeological and historical sites within the site survey are adequately identified and protected,
(b) to provide direction to RPFs preparing THPs (which includes all forms of THPs including, but not limited to, Modified THPs and Nonindistrial Timber Management Plans (NTMPs), Program Timber Harvesting Plans (PTHPs)), Notice of Emergency Timber Operations (Emergency Notices), and any Exemption Notices pursuant to 14CCR Sections 1038 and 1104.1,
(c) provide direction to the timber operator conducting timber operations,
(d) provide direction to the Department of Forestry and Fire Protection in its review, approval and inspection programs.
Note: Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002, 21060.5, 21083.2 and 21084.1, Public Resources Code.
s 969.1. Plan, and Emergency Notice Preparation.
(a) Preparing a plan.
Prior to submitting a plan, the RPF, or the RPF's supervised designee:
(1) Shall conduct an archaeological records check at the appropriate Information Center. A previously-conducted archaeological records check for the property may be used to satisfy this requirement if it covers the entire area proposed for timber operations and if it meets the definition of "current archaeological records check" in 14 CCR s 895.1.
(2) Shall provide written notification to Native Americans of the preparation of a plan. The primary purpose for this notification is to provide Native Americans an opportunity to disclose the existence of any Native American archaeological or cultural sites that are potentially within or adjacent to the site survey area, and the opportunity to comment on the plan. The RPF shall allow a minimum of 10 days for response to this notice before submitting the plan to the Director. The remainder of the 10-day waiting period is waived when all Native Americans required to be informed respond in less than 10 days. This notice shall contain the following attachments or items of information:
(A) A request for information concerning the potential existence of any Native American archaeological or cultural sites within the plan boundaries.
(B) Information concerning the location of the plan including:
1. A general location map that, at a minimum, shows the travel route from the nearest community or well-known landmark to the plan area.
2. A copied segment of the titled USGS (if available) or equivalent map(s) that displays the approximate boundary of the plan area, and includes a map legend and a scale.
3. A description of the plan location including the county, section, township, range, base and meridian, and the approximate direction and distance from the nearest community or well-known landmark.
(C) A statement that all replies, comments, questions, or other information submitted by Native Americans as a result of this notice be directed to the RPF. The name, address, and phone number of the RPF shall be provided.
(D) Information concerning the available time for response. Indicate that the RPF is requesting a response within ten days from the date of the notice so the information can be incorporated into the plan when initially submitted to the Director. Provide the estimated date the plan will be submitted to Director. Provide the following statement: "The earliest possible date the Director may approve the plan is 16 calendar days after it is submitted to Director, although typically, the plan is reviewed for at least 45 calendar days following plan submittal before the Director approves the plan."
(E) A statement that the Native American groups may participate in the plan review process by submitting written comments to the Director before close of public comment period.
(F) A statement that locations of sites disclosed will be kept confidential.
(G) A statement that a Confidential Archaeological Addendum (CAA) will be prepared for the plan and a copy of pertinent information contained within the CAA may, at the discretion of the Director, be obtained from the Director.
(3) Shall provide a professional archaeologist or a person with archaeological training (in accordance with 14 CCR s 969.4) to conduct a field survey for archaeological and historical sites within the site survey area. Previous archaeological surveys within the site survey area may also be used to partially or entirely satisfy this requirement.
(4) Shall ensure that research is conducted prior to the field survey, including review of appropriate literature and contacting knowledgeable individual, concerning potential archaeological or historical sites occurring on the property.
(b) Provide Notification to Native Americans if a Native American Archaeological or Cultural Site is located within the plan. On a plan that contains a Native American archaeological or cultural site as defined in 14 CCR s 895.1 the RPF or the RPF's supervised designee shall:
(1) provide a written notice to Native Americans informing them of the presence of Native American cultural resources within the site survey area. This notification shall include:
(A) The RPF's name, address, and telephone number.
(B) The name, number, or other designator of the plan.
(C) A list of all known Native American archaeological or cultural sites located within the site survey area, including a name, number or other designator and brief description of each site.
(D) A brief discussion of how each site shall be protected or avoided.
(E) The address and phone number of the appropriate CDF office to contact as well as a statement that written comments may be submitted to Director for consideration prior to the close of public comment.
(F) The estimated earliest date the Director may approve the plan.
(2) submit a copy of all letters sent pursuant to 14 CCR s 969.1(b)(1) to the Director. The Director shall allow a minimum of 15 days from the date of the notification letter for receipt of responses to notices sent pursuant to 14 CCR s 969.1(b)(1) prior to the close of public comment.
(c) Submitting a Confidential Archaeological Addendum for a plan.
The RPF shall include the following information in a Confidential Archaeological Addendum with the proposed plan:
(1) Administrative Information which is not confidential and may be released to the public. This includes:
(A) The name, affiliation, address, and phone number of the archaeological surveyor.
(B) The name, affiliation, address, and phone number of the RPF, if different than the archaeological surveyor.
(C) The plan name ascribed by the RPF, plan number (if known), type, and approximate acreage.
(D) The county, legal description, and name of USGS 7.5'Quad(s) within which the project is located.
(E) The date the CAA was completed.
(F) The name of the author of the CAA.
(G) The signature of the RPF or archaeological surveyor.
(2) Archaeological Records Check Information. A copy of the records check and written reply (including mapped information) from the Information Center shall be attached, or a justification as to why that is not possible shall be included.
(A) If the records check request and written reply from the Information Center are attached, no additional information is required.
(B) If the records check request and written reply from the Information Center are not attached, the following information shall be included:
(1) Justification why records check request and written reply could not be attached.
(2) The date the records check was conducted at the Information Center.
(3) The Information Center File Number.
(4) Summary of records check results discussing whether or not archaeological or historical sites are known or suspected to exist within the site survey area and whether or not the site survey area has a previous archaeological investigation on record.
(3) Results of notification to Native Americans pursuant to 14 CCR s 969.1(a)(2)(B). This shall include:
(A) An example of a notification letter and project maps submitted to Native American contacts.
(B) Copies of any written responses received from Native American contacts.
(C) A list of the individuals or groups that were provided written notification and the date of the Native American Contact List being used.
(D) Date the notification was sent.
(E) Results of the information request, specifically addressing the results of information received from the NAHC, if those results have been received.
(4) Results of notification to Native Americans of the existence of a Native American archaeological or cultural site on the plan, if required, pursuant to 14 CCR s 969.1(b).
(5) A list of the research done prior to field survey. This list shall include literature reviewed and persons contacted in addition to the required archaeological records check with Information Center and Native Americans, and a summary of the results of this research.
(6) Information on the current or previous archaeological surveyor(s), which is not confidential. This shall include:
(A) the name of the current archaeological surveyors and an indication of whether or not the person either meets the specifications of a professional archaeologist as defined in 14 CCR s 895.1 or meets the requirements specified in 14 CCR s 969.4.
(B) the name of any previous archaeological surveyors, if known.
(7) Description of archaeological survey methods and procedures including survey strategy, time spent conducting archaeological field survey, the date or dates the survey was conducted, survey coverage intensity, and ground visibility or other limitations.
(8) A list and description of all archaeological or historical sites identified within the site survey area including information on the site(s) size, type, and condition. The designations used in this listing of sites found shall be consistently used throughout the CAA.
(9) An Archaeological Coverage Map or maps prepared in accordance with the specifications identified in the definition of an Archaeological Coverage Map in 14 CCR s 895.1.
(10) A preliminary determination of significance of identified archaeological and historical sites, if damaging effects from timber operations cannot be avoided. This determination shall be based upon the criteria for a significant archaeological or historical site listed in 14 CCR s 895.1.
(11) Description of any specific enforceable protection measures to be implemented both within the site boundaries and within 100 feet of the site boundaries.
(12) Information concerning the proposed on-site meeting between the RPF or supervised designee familiar with on-site conditions and the LTO to discuss protection of archaeological and historical resources, if required, pursuant to 14 CCR s 969.2(b).
(13) Information concerning site recording requirements pursuant to 14 CCR s 969.1(d) and (g).
(14) Other applicable information, if any, concerning the archaeological survey for this project.
(15) List of attachments to the CAA.
(d) Site Records.
Upon submission of a plan, the RPF or the RPF's supervised designee shall submit completed site records for each site proposed to be a significant archaeological or historical site in a manner consistent with the recording standards identified in the State Office of Historical Preservation's "Instructions For Recording Historical Resources" March, 1995, which is incorporated by reference.
(e) Emergency Notice of 3 Acres Or More.
(1) Prior to submitting an Emergency Notice of three acres or more, the RPF:
(A) Shall ensure that an archaeological field survey is, or has been previously conducted by a professional archaeologist or person with archaeological training (pursuant to 14 CCR s 969.4) within the site survey area.
(2) Prior to submitting an Emergency Notice of three acres or more, the RPF or the RPF's supervised designee:
(A) Shall complete a current archaeological records check. This check may be conducted by telephone. If the Information Center is unable to provide the information within three business days following receipt of an RPF's request for an Emergency Notice records check, the records check requirement is waived.
(B) Shall submit a Confidential Archaeological Letter that includes the information required by 14 CCR s 969.1(c)(2), (7), (8), (9), (10) and (11), including site records, if required pursuant to 14 CCR s 969.1(g) and 969.5.
(C) Shall send a copy of the Emergency Notice to Native Americans.
(f) Emergency Notice of Less Than 3 Acres.
(1) Prior to submitting an Emergency Notice of less than three acres, the RPF or the RPF's supervised designee shall:
(A) Conduct an archaeological survey for said area to determine whether it contains any significant archaeological sites using the criteria for a significant archaeological or historical site defined in 14 CCR s 895.1.
(B) Send a copy of the Notice to Native Americans.
(2) An archaeological records check, Confidential Archaeological Addendum, or Confidential Archaeological Letter, is not required.
(3) No timber operations shall occur within the boundaries of any significant archaeological or historical sites as determined by the RPF or the RPF's supervised designee.
(g) Submitting Archaeological and Historical Information to Information Centers.
Within 30 days following the Director's approval of a plan or acceptance of an Emergency Notice of three acres or larger, the Director shall send to the appropriate Information Center of the California Historical Resource Information System the following information provided by the RPF:
(1) a complete Confidential Archaeological Addendum which includes all changes and additions required in the plan review process and which identifies the plan number, or, for Emergency Notices of three acres or larger, a Confidential Archaeological Letter.
(2) two copies each of any completed archaeological or historical site records for:
(A) archaeological sites determined to be significant, or
(B) sites that a person elects to record, but for which no determination of significance has been made.
The records shall be completed by a person who satisfies the requirements specified in 14 CCR s 969.4 in a manner consistent with the recording standards identified in the State Office of Historic Preservation's "Instructions For Recording Historical Resources" March, 1995, which is incorporated by reference.
(3) The RPF or supervised designee shall ensure that the site records are completed in the manner specified in subsection (2).
Note: Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code.
s 969.2. Protection Measures for Plans and Emergency Notices 3 Acres and Larger.
(a)(1) The RPF shall describe in the separate Confidential Archaeological Addendum or Letter, measures to be taken to mitigate or avoid substantial adverse change to any known significant archaeological or historical sites.
(2) The RPF may propose, and the Director may agree to, site specific protection measures for any identified archaeological or historical site without evaluating the significance of the site. These proposed protection measures shall be designed to ensure protection of such archaeological and historical sites from damaging effects. Avoidance of activities which will cause damaging effects is a preferred protection measure.
(b) The RPF or supervised designee familiar with on-site conditions shall meet with the LTO prior to the start of timber operations at each archaeological or historical site that is described in the plan or notice that requires avoidance or other protection measures and do the following:
(1) show the LTO the location, extent and boundaries of each archaeological or historical site requiring protection,
(2) discuss with the LTO the protection measures,
(3) apprise the LTO of the confidentiality requirements for any information concerning the physical location of archaeological or historical sites.
(c) If the RPF or supervised designee is unable to perform the duties in 14 CCR s 969.2(b), the RPF shall:
(1) explain the reasons in the emergency notice, plan, or as a minor amendment to the plan,
(2)(A) meet with the plan submitter, timberland owner, or their authorized agent, and review in the field, the items described in 14 CCR s 969.2(b),
(B) if the plan submitter, timberland owner, or their authorized agent will not comply with the RPF's or RPF's supervised designee's request for a meeting, the RPF shall notify the Director.
(3) except for an emergency notice, notify the plan submitter in writing that it is the plan submitter's responsibility to transfer the information in 14 CCR s 969.2(b) to the LTO per 1035(h),
(4) notify the Director in writing.
(d) The LTO shall not conduct timber operations within the boundaries of any archaeological or historical site identified in the CAA unless such operations are described in the CAA and made part of the plan approved by the Director.
(e) In the event that the CAA authorizes limited timber operations within the boundaries of archaeological or historical sites identified in the plan, the LTO and the RPF, if so stated in the plan, shall be responsible for ensuring that specific protection measures and timber operations are conducted in the manner described in the CAA.
Note: Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21001, 21060.5, 21083.2 and 21084.1, Public Resources Code.
s 969.3. Post Review Site Discovery.
If a person discovers a potentially significant archaeological or historical site after a plan, Emergency Notice, or Exemption is accepted by the Director, the following procedures apply:
(a) The person who made the discovery shall immediately notify the Director, LTO, RPF, or timberland owner of record.
(b) The person first notified in (a) shall immediately notify the remaining parties in (a).
(c) No timber operations shall occur within 100 feet of the identified boundaries of the new site until the plan submitter proposes, and the Director agrees to, protection measures pursuant to 14 CCR s 969.2.
(d) A minor deviation shall be filed to the plan. The minimum information provided shall include:
(1) A statement that the information is confidential.
(2) The mapped location of the site.
(3) A description of the site.
(4) Protection measures, and
(5) Site records, if site records are required pursuant to 14 CCR ss 969.1(g)(2)(b) and 969.5.
(e) Upon receipt, the Director shall immediately provide the proposed minor deviation or portions of the minor deviation, to Native Americans when Native American archaeological or cultural sites are involved.
Note: Authority cited: Sections 4551, 4551.5, 4583.2 and 4591.1, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code.
s 969.4. Archaeological Training Requirements.
To meet the requirement of 14 CCR s 969.1, archaeological surveys of a plan or Emergency Notice areas for archaeological or historical sites shall be conducted only by a professional archaeologist or a person who has attended a training program approved by the Director within five years prior to submission of the plan or Emergency Notice. The training program must meet the following standards:
(a) The course shall use education materials approved by the Director which address the current regulations and procedures for the identification, recordation, and protection of archaeological and historical resources during timber operations.
(b) The course may require that the applicant demonstrate, in the field, and in a final written examination, the ability to conduct a record search, perform field identification, complete an archaeological site record, and to identify appropriate mitigation and protection measures for archaeological or historical sites covered in the course.
(c) The Director shall issue verification to all students that satisfactorily complete the training course.
(d) Following an individual's successful completion of an archaeological training course approved by the Director, he or she may enroll in a refresher training course, approved by the Director, to renew a 5-year archaeological training certification.
(e) The Director may conduct the archaeological training courses (in addition to or in-lieu of approving programs conducted by others) at least annually.
Note: Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code.
s 969.5. Site Recording.
The Director shall ensure that all archaeological or historical sites determined to be significant and located within the site survey area on plans, or Emergency Notices are recorded by the RPF or supervised designee in a manner consistent with the recording standards identified in the State Office of Historic Preservation's "Instructions For Recording Historical Resources" March, 1995, which is incorporated by reference. The recording may also be done by a professional archaeologist or any person who has successfully completed appropriate training which is afforded or approved by the Director.
Note: Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code.
s 969.6. Protection of Sites During Timber Operations.
No person, except as otherwise permitted by law, who is involved in timber operations shall excavate, collect artifacts from, vandalize or loot archaeological or historical sites located within the THP, Emergency Notice or Exemption boundary.
Note: Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code.
s 969.7. Determination of Significance.
(a) A determination of significance shall be made for an identified archaeological or historical site within the site survey area on a THP, or Emergency Notice by a person who satisfies the requirements specified in 14 CCR 969.4 if damaging effects from timber operations cannot be avoided.
(b) The determination of significance shall:
(1) Be based upon criteria defined for significant archaeological or historical sites in 14 CCR 895.1
(2) Utilize any information provided by Native Americans, archaeological, historical or ethnographic data pertinent to the region and to the cultural resource, and the physical characteristics of the archaeological or historical site.
(c) If required by subsection (a), a preliminary determination of significance shall be made by the RPF or the RPF's supervised designee and provided in the Confidential Archaeological Addendum.
(d) Where the Director determines that timber operations may cause a substantial adverse change to a significant archaeological or historical site and the RPF and the Director cannot agree upon protection measures, a professional archaeologist provided by the THP submitter shall make a survey and prepare a report on the potentially affected site or sites and the potential impacts of the proposed timber operations. The part of the report that relates to archaeological sites is confidential. This report, if it discusses impacts on Native American archaeological sites, shall be provided by the Director to Native American and the NAHC. This report shall contain recommendations for mitigation, the elimination of impacts, or for the reduction of impacts to avoid or prevent substantial adverse change to significant archaeological or historical resources. The report shall meet the standards of the Preservation Planning Bulletin, Number 4, December 1989 (Office of Historic Preservation), entitled Archaeological Resource Management Reports (ARMR): Recommended Contents and Format. The Director shall make the final determination of significance and substantial adverse change based on advice of a professional archaeologist.
Note: Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code.
s 1020. Board Authority Delegated.
The Board of Forestry delegates its authority under Article 6 (commencing with Section 4571) of Chapter 8, Part 2, Division 4 of the Public Resources Code, to the Director.
Note: Authority cited: Section 4551, Public Resources Code. Reference: Section 4577, Public Resources Code.
s 1021. Crop of Trees.
Note: Authority cited: Section 4551, Public Resources Code. Reference: Section 4526, Public Resources Code.
s 1022. License.
The license defined in PRC 4524, is designated as either "Timber Operator License" or "Limited Timber Operator License."
Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4524 and 4571, Public Resources Code.
s 1022.1. Limited Timber Operator License.
The Director may issue a license for commercial cutting and/or removal of minor forest products as here listed: Christmas trees, tanbark, fuelwood, root crown burls, posts and split products, but excluding poles, piling, sawlogs, veneer logs and pulp logs. Said license is designated as "Limited Timber Operator License."
Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4571 and 4577, Public Resources Code.
s 1022.2. License for Site Preparation.
A timber operator's license is required for mechanical site preparation activities undertaken before the stocking standards of the Act and rules have been met in a logging area. Site preparation activities involving broadcast burning are exempt from timber operator licensing requirements.
Note: Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4524 and 4571, Public Resources Code.
s 1022.3. License for Erosion Control Maintenance.
A timber operator license is not required for the maintenance of erosion control structures following the completion of timber operations described in an approved work completion report for a THP.
Note: Authority cited: Sections 4524, 4527 and 4551, Public Resources Code. Reference: Sections 4524 and 4571, Public Resources Code.
s 1023. Issuance of License.
Upon receipt of a proper written application and payment of the prescribed license fee, the Director may issue either a Timber Operator License or a Limited Timber Operator License.
Note: Authority cited: Sections 4551 and 4572, Public Resources Code. Reference: Sections 4571 and 4577, Public Resources Code.
s 1023.1. Company, Corporation and Partnership Licenses.
Each subsidiary of companies or corporations, and each division thereof that is a separate unit and separately managed, which conducts timber operations shall be individually licensed. Partnership consisting of individual licensees and operating as a copartnership must obtain a license as a partnership. A license is not transferable.
Note: Authority cited: Sections 4551 and 4572, Public Resources Code. Reference: Sections 4571 and 4575, Public Resources Code.
s 1024. Application Form and Content [Effective until 1-1-99].
Application for a license, or renewal of license, in a form prescribed by the Director, shall contain, and is not limited to, the following information:
(a) Specific type of license requested.
(b) Name and address of applicant(s).
(c) Name and address of principal officer in California for service of documents.
(d) Designation of entity making application.
(e) If a corporation, name of state of incorporation, address of home office, address of California office, name and address of resident agent in California for service, and the name and address of the individual who will attend the timber operator education program for the corporation, if required.
(f) If not a California corporation, or if an indiviual, firm, or partnership that has no office in California, name and address of a natural person that applicant designates as resident agent in California for service.
(g) The applicaiton must contain a consent for the Director, and agents and employees thereof, to inspect timber operations of the applicant.
(h) Timber Operator License Application shall have a Certificate of Completion from a timber operator education program approved by the Director attached to the application unless, the applicant has held a prior license and is applying for a renewal as specified in Section 1026 of this article.
(i) An application for limited timber operators license shall have either a Certificate of Completion from an approved timber operator education program or a completed questionnaire attached to the the application, unless the applicant has held a prior license and is applying for a renewal as specified in Section 1026 of this article. The questionnaire shall be administered to the the applicant by the Director either orally or in writing. The questionnaire shall be prepared or approved by the Director and shall pertain to the content of the regulations of the Board (Title 14, CCR Division 1.5).
Note: Authority cited: Sections 4551, 4553 and 4572, Public Resources Code. Reference: Sections 4572 and 4577, Public Resources Code.
s 1024. Application Form and Content [Effective 1-1-99].
Application for a license, or renewal oflicense, in a form prescribed by the Director, shall contain, and is not limited to, the following information:
(a) Specific type of license requested.
(b) Name in which license is to be issued.
(c) Name, mailing address, and street address of applicant.
(d) Satisfactory proof of identity.
(e) Name and address of principal officer in California for service of documents.
(f) Name, mailing address, and telephone number of the insurance agent providing the Insurance Certificate when such certificate is required by Public Resource Code section 4572.
(g) If a corporation, name of state of incorporation, address of home office, if different from (c) above, address of California office, name and address of resident agent in California for service, and the name and address of the individual who will attend the timber operator education program for the corporation, if required.
(h) If not a California corporation, or if an individual, firm, or partnership that has no office in California, name and address of a natural person that applicant designates as resident agent in California for service.
(i) The application must contain a consent for the Director, and agents and employees thereof, to inspect timber operations of the applicant.
(j) Timber Operator License Application shall have a Certificate of Completion from a timber operator education program approved by the Director attached to the application, unless the applicant has held a prior license.
(k) An application for a limited timber operators license shall have either a Certificate of Completion from an approved timber operator education program or a completed questionnaire attached to the application, unless the applicant has held a prior license. The questionnaire shall be administered to the applicant by the Director either orally or in writing. The questionnaire shall be prepared or approved by the Director and shall pertain to the content of the regulations of the Board (Title 14, CCR Division 1.5).
Note: Authority cited: Sections 4551, 4553 and 4572, Public Resources Code. Reference: Sections 4572 and 4577, Public Resources Code.
s 1024.1. Timber Operator Education.
The Director shall only approve timber operator education programs which meet the following standards:
(a) The course shall use education materials approved by the Director. The Director shall only approve materials which address the contents of the rules of the Board.
(b) Certificate of Completion shall be given when an applicant successfully completes the timber operator education program. An applicant shall have successfully completed the timber operator education program if he/she has attended the entire program and has completed all training materials.
The Director may conduct the timber operator education programs in addition to or in-lieu of approving programs conducted by others.
Note: Authority cited: Sections 4551 and 4572, Public Resources Code. Reference: Sections 4572 and 4577, Public Resources Code.
s 1024.2. Qualifying Experience.
"Work experience", within the meaning of Public Resources Code section 4572(b)(2)(A), shall include, but not be limited to, such timber operation activities as felling, bucking and limbing of logs, cable rigging, choker setting, heavy equipment operation, yarding, loading and hauling of logs, logging road building and waterbreak installation, or on site assistance with any of these activities. General construction and reforestation work such as brush removal and tree planting are not qualifying experience. Direct supervision of timber operations shall meet the requirement for having experience in "two or more areas [activities] or employment".
Note: Authority cited: Sections 4551, 4553 and 4572, Public Resources Code. Reference: Sections 4572 and 4577, Public Resources Code.
s 1024.3. Application Processing.
(a) The applicant shall be informed by the Department, in writing and postmarked, within 15 working days of receipt of the application, whether such application is complete and accepted for filing, or is deficient and what specific information is required.
(b) The applicant shall be informed of the Department's decision on licensure, in writing and postmarked, within 15 working days of filing a complete application.
(c) The actual minimum, median and maximum processing times for an application from the time of receipt of the application until the Department makes a final decision on the application are:
(1) Minimum: 1 hour
(2) Median: 5 days
(3) Maximum: 168 days
Note: Authority cited: Section 15376, Government Code; and Sections 4553, 4571, 4572 and 4577, Public Resources Code. Reference: Section 15376, Government Code; and Sections 4553, 4571, 4572 and 4577, Public Resources Code.
s 1024.4. Returned Checks.
Any fee payment document which is returned unpaid for any reason from the institution upon which the document is drawn, shall render the application incomplete, and any license issued pursuant to that fee payment document shall be invalid at the end of 10 working days following written notice to the applicant. If payment by cash, cashier's check, or money order is received within the 10 day period, such license shall continue without interruption. If payment is not received within the 10 working day period, the license shall remain invalid and a new license shall be required.
Note: Authority cited: Sections 4553, 4571, 4572 and 4577, Public Resources Code. Reference: Sections 4553, 4571, 4572 and 4577, Public Resources Code.
s 1024.5. Insurance Maintenance.
Licensees shall maintain in force an insurance policy, if required, as defined in subsection (c) of section 4572. Failure or refusal to do so shall render the application incomplete, and a license shall be invalid. If an Insurance Certificate showing insurance coverage is received by the Department demonstrating no lapse in insurance coverage, the license shall continue without interruption. If no such Insurance Certificate is received, the license shall remain invalid and a new license shall be required.
Note: Authority cited: Sections 4553 and 4572, Public Resources Code. Reference: Section 4572, Public Resources Code.
s 1025. Fees for Licenses [ Effective until 1-1-99 ].
The following license fees shall prevail:
(a) "Timber Operator License".................................................. $75.00.
Renewal fee $50.00 per year.
(b) "Limited Timber Operator License".......................................... $35.00.
Renewal fee $25.00 per year.
Note: Authority cited: Sections 4551 and 4572, Public Resources Code. Reference: Section 4572, Public Resources Code.
s 1025. Fees for Licenses [ Effective 1-1-99 ].
(a) The following annual license fees shallprevail:
1. "Timber Operator License"
NewLicense..................................................................... $75.00.
Renewal License................................................................ $50.00.
2."Limited Timber Operator License"
New License.................................................................... $35.00.
Renewal License................................................................ $25.00.
Note: Authority cited: Sections 4551 and 4572, Public Resources Code. Reference: Section 4572, Public Resources Code.
s 1026. License Renewal [ Effective until 1-1-99 ].
Licenses are good only for the calendar year issued. An application for renewal shall be submitted to the Director prior to January 1st of the year for which the license is to be issued. All licenses for which renewal applications with the required fee not received by the Director, or postmarked, by the end of the first workday after January 1st shall expire and a new license shall be required.
Note: Authority cited: Sections 4551 and 4572, Public Resources Code. Reference: Sections 4572 and 4574, Public Resources Code.
s 1026. License Renewal [ Effective 1-1-99 ].
Licenses are good only for the calendar years issued.
(a) New licenses. For a new license, a person shall submit the appropriate and complete application, insurance certificates, if needed, and fees. A new license shall be valid from the date of issuance, to January 1st of odd-numbered years for odd-numbered licenses, and January 1st of even-numbered years for even-numbered licenses. The fee for a newly issued license shall be based on a proration of the annual rate as provided in section 1025.
(b) Renewals. A complete application for renewal shall be submitted to the Director on alternating years, with odd-numbered licenses expiring on January 1st of odd-numbered years, and even-numbered licenses expiring on January 1st of even-numbered years. All licenses for which renewal applications, with the required fee, are not received by the Director, or postmarked, on or before December 1st, shall expire on January 1st, and a new license shall be required.
Note: Authority cited: Sections 4551 and 4572, Public Resources Code. Reference: Sections 4572 and 4574, Public Resources Code.
s 1027. License Denial.
An application for a license or an application for renewal of a license may be denied by the Director upon a statement of issues in accordance with the procedures set forth in Chapter 5 (commencing with Section 11500) of Part 1, Division 3, Title 2 of the Government Code.
Note: Authority cited: Sections 4551 and 4572, Public Resources Code. Reference: Sections 4573, 4574 and 4577, Public Resources Code.
s 1027.1. Basis of Denial.
The Director may deny issuance of any license either upon original application or upon application for renewal for any of the reasons set forth in PRC 4573. In addition, the Director may deny any application for renewal until any violations of the rules and regulations of the Board and provisions of the Forest Practice Act by the applicant as exist on the date of submission of the renewal application, of which the applicant has been notified and given reasonable opportunity to correct, are corrected on such reasonable terms and conditions as the Director may require, including planting of reasonable numbers of seedlings and young growth trees to restock cutover lands.
Note: Authority cited: Sections 4551 and 4572, Public Resources Code. Reference: Sections 4573, 4574 and 4577, Public Resources Code.
s 1027.2. Partnership and Corporation Denials.
Licenses and renewals may be denied partnerships where one of the partners had uncorrected violations within 3 years of the application. If a corporation is owned or controlled by a person denied a license or a renewal, the corporation may be denied a license or a renewal pending satisfactory correction of the deficiencies and adherence to the Forest Practice Act and rules, or removal of said person.
Note: Authority cited: Sections 4551 and 4572, Public Resources Code. Reference: Sections 4571, 4573 and 4574, Public Resources Code.
s 1027.3. Multiple Licenses.
Only one (1) license may be issued to any partnership, corporation, or individual business entity.
Note: Authority cited: Sections 4553, 4570, 4571, 4572 and 4573, Public Resources Code. Reference: Sections 4553, 4570, 4571, 4572 and 4573, Public Resources Code.
s 1029. License Availability.
The license, or copy of it, shall be available for inspection at the site of active timber operations.
Note: Authority cited: Sections 4551 and 4572, Public Resources Code. Reference: Section 4571, Public Resources Code.
s 1030. Licensee: Change of Address [ Effective until 1-1-99 ].
The licensee shall notify the Director at the Sacramento office in writing within 15 days of any change of address.
Note: Authority cited: Sections 4551 and 4572, Public Resources Code. Reference: Section 4571, Public Resources Code.
s 1030. Licensee: Change of Address [ Effective 1-1-99 ].
a. The licensee shall:
1. Maintain a California mailing address to which official written communications from the Director shall be sent and received.
2. Provide such address on licensee's application.
3. Notify the Director at the Sacramento office in writing within 15 days of any change of address.
b. The Director shall maintain all names and mailing addresses in a registry to be used for service of documents pursuant to section 11505 of the Government Code.
Note: Authority cited: Section 11505, Government Code; and Sections 4551 and 4572, Public Resources Code. Reference: Section 11505, Government Code; and Section 4571, Public Resources Code.
s 1031. Timber Harvesting Plan Availability.
Note: Authority cited: Sections 4551, 4552, 4582, Public Resources Code. Reference: Section 4582.5, Public Resources Code.
s 1032. Timber Harvesting Plan Filing Locations.
The Timber Harvesting Plan for proposed timber operations required by Article 7, Chapter 8, Part 2, Division 4 of the Public Resources Code (commencing with Section 4581 ) shall be submitted in writing with the Director on a form that meets these regulations at the following Department of Forestry offices as appropriate:
Office Location For Timber Operations in:
Chief Humboldt, Del Norte, Mendocino,
California Department of Forestry Sonoma, Marin, Lake, Napa,
North Coast Region Colusa, Solano, Yolo, and
P. O. Box 670 western Trinity counties.
135 Ridgeway Avenue
Santa Rosa, California 95401
Chief Siskiyou, Modoc, Shasta,
California Department of Forestry eastern Trinity, Lassen,
Sierra Cascade Region Tehama, Glenn, Butte, Sutter,
P. O. Box 2238 Plumas, Yuba, Sierra, Nevada
1000 West Cypress Avenue and Placer counties.
Redding, California 96001
Chief El Dorado, Amador, Alpine,
California Department of Forestry Calaveras, Tuolumne, Mariposa,
South Sierra Region Merced, Madera, Fresno, Tulare
1234 East Shaw Avenue and Kern counties.
Fresno, California 93710
Chief San Mateo, Santa Cruz, Santa
California Department of Forestry Clara, Contra Costa, Alameda,
Central Coast Region Stanislaus, San Benito, Monterey,
2221 Garden Road San Luis Obispo and Santa
Monterey, California 93940 Barbara counties.
Chief Ventura, Los Angeles, San Ber-
California Department of Forestry nardino, Orange, Riverside,
Southern California Region Inyo, Mono, San Diego and
2524 Mulberry Street Imperial counties.
P. O. Box 1067
Riverside, California 92502
Note: Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Section 4581, Public Resources Code.
s 1032.7. Plan Submittal and Notice of Intent.
(a) A plan shall be submitted by the person who owns, leases, contracts, or operates on timberland to harvest timber for commercial purposes.
(b) Where the land or timber is owned or operated by parties other than the person executing the plan the person submitting the plan shall give prompt written notice of such plan to those parties.
(c) The RPF preparing the plan shall submit to the Director, with the plan, a Notice of Intent to Harvest Timber (Notice of Intent) (1) if any proposed plan boundary lies within 300 feet of any property not owned by the timberland owner, or (2) any plan amendment that changes a plan boundary so that the new boundary lies within 300 feet of property not owned by the timberland owner, or (3) with any plan amendment that changes the silvicultural method if a Notice of Intent was required for the plan by condition (1) or (2) above.
(d) A Notice of Intent shall include the following information:
(1) The names of the timberland owner, Registered Professional Forester who prepared the plan, and the plan submitter.
(2) The location of the plan area by county, section, township, and range, and the approximate direction and distance to the plan area from the nearest community or well-known landmark.
(3) The name of and distance from the nearest perennial stream and major water course flowing through or downstream from the plan area.
(4) The acres proposed to be harvested.
(5) The regeneration methods and intermediate treatments to be used.
(6) The estimated earliest date that the Director may approve the plan. This is 15 days from receipt of the plan by the Department, except in counties for which rules and regulations have been adopted pursuant to Section 4516.5 or 4516.8 of the Public Resources Code where the earliest date the Director may approve the plan is 45 days after receipt of the plan by the Department.
(7) A statement that the public may review the plan at the appropriate Regional Office of the Department of Forestry and Fire Protection and that a copy of the plan may be obtained from the Department upon payment of the applicable charge.
(8) A map which provides the approximate boundary of the THP area, a map legend, and a scale. This map shall be posted with the Notice of Intent.
(9) A statement that questions or concerns regarding the specific Timber Harvesting Plan should be directed to the applicable CDF Regional Office for public input incorporation into an Official Response Document.
(10) A statement of whether there is a known overhead electric power line on the proposed plan area except lines from transformers to service panels.
(e) The RPF preparing the plan shall furnish to the Department at the time of submission of the plan, the names and mailing addresses of all propertyowners within 300 feet of the plan boundary. Either a list compiled from the latest equalized assessment roll or a list provided by a title company doing business in California compiled within 60 days of submission of the plan shall be deemed sufficient for compliance with the subsection. (continued)