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(continued)
(f) The Department shall mail copies of the Notice of Intent within 2 working days of receipt of the plan to all persons identified in (e) above.
(g) Prior to plan submission, the person submitting the plan shall post a copy of the Notice of Intent including a map as described in (d)(8) at a conspicuous location on the public road nearest the plan site. Said Notice of Intent shall be on colored paper or identified with colored flagging so as to be easily visible to the public.

Note: Authority cited: Sections 4551 and 4582.3, Public Resources Code. Reference: 4551, 4581, 4582.3, 21080 and 21092, Public Resources Code.






s 1032.8. Notice of Intent -Distribution by Director.
The Director shall distribute copies of each Notice of Intent within 2 working days of receipt to:
(a) The office of the County Clerk of the county in which operations are proposed for posting at the customary place for posting environmental affairs.
(b) The local Ranger Unit headquarters for posting.
(c) At such other locations as the Director may deem desirable and feasible to provide adequate public notice.

Note: Authority cited: Sections 4551, 4551.5, 4552 and 21092, Public Resources Code. Reference: Sections 4581, 4582, 4582.4, 21080.5, 21081 and 21092, Public Resources Code.






s 1032.9. Request for Notification of Timber Harvesting Plan Submission.
(a) Each Regional Office of the Department of Forestry shall maintain a list of timber harvesting plans submitted each day.
(b) When any person requests notice of submissions of timber harvesting plans, the Director shall provide the person, free of charge, with a copy of the list of timber harvesting plans submitted on the date or dates requested. If no specific date is requested, a copy of the lists for the preceding week shall be provided.

Note: Authority cited: Sections 4551, 4551.5, 4552 and 4582.4, Public Resources Code; Section 14880, Government Code. Reference: Sections 4581, 4582, 4582.4, 21080.5, 21081 and 21092, Public Resources Code.






s 1032.10. Request for Information on Domestic Water Supplies.
The THP submitter shall provide notice by letter to all other landowners within 1,000 feet downstream of the THP boundary whose ownership adjoins or includes a Class I, II, or IV watercourse(s) which receives surface drainage from the proposed timber operations. The notice shall request that the THP submitter be advised of surface domestic water use from the watercourse, within the THP or within 1,000 feet downstream of the THP boundary. When required to notice by letter publication shall also be given one time by the THP submitter in a newspaper of general circulation in the area affected by the proposed project. Such letter and publication shall notify the party of the proposed timber operation and describe its legal location and identify the name, if any, of the watercourse it may effect. The letter and publication shall request a response by the property owner within ten days of the post-marked date on the letter or the date of publication as appropriate. The RPF may propose, with justification and explanation, an exemption to such notification requirements, and the Director may agree. Copies of either notice, proof of service and publication, and any responses shall be attached to the THP when submitted. If domestic use is noted, the plan shall contain mitigations necessary to protect domestic water use. The plan shall not be submitted until ten days after the above notification(s) have been done.

Note: Authority cited: Sections 4551 and 4582.3, Public Resources Code. Reference: Sections 4551, 4581, 4582.3, 21080 and 21092, Public Resources Code.






s 1033. Filing Date.
The filing date is the date on which the plan is found by the Director to be accurate, complete, and in proper order.

Note: Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4582 and 4583, Public Resources Code.






s 1034. Contents of Plan.
The plan shall serve two functions: to provide information the Director needs to determine whether the proposed timber operation conforms to the rules of the Board; and to provide information and direction to timber operators so that they comply with the rules of the Board. For the plan to serve these functions, it shall, as a minimum, contain the following information:
(a) Name, address, and telephone number of the timber owner(s).
(b) Name, address, and telephone number of the timberland owner(s).
(c) Name, address, telephone number, and license number of the timber operator(s).
(d) Name, address, and telephone number of a person to be contacted on the operation who will be responsible for the conduct of the timber operation. If unknown at the time of plan submission, it shall be provided prior to the start of timber operations.
(e) Name, address, and telephone number of the plan submitter. If the submitter is not a person indicated in (a), (b), or (c) above, an explanation of his/her authority to submit the plan shall be provided.
(f) Name, address, telephone number, and registration number of RPF who prepared the plan. The plan required for timberland conversion does not have to be prepared by an RPF.
(g) A description of the plan area within which timber operations are to be conducted. The description shall include the following:
(1) U.S. Geological Survey (USGS) Quadrangle name(s) and date(s),
(2) township, range, and section number(s),
(3) county name(s),
(4) CALWATER 2.2 planning watershed number(s), and
(5) approximate acreage.
(h) The forest district and subdistrict (if any) in which the timber operation is located.
(i) Whether a timberland conversion certificate is in effect, its date of expiration, and its identification number.
(j) Whether a plan is on file with the Department for any part of the plan area for which a Report of Satisfactory Stocking has not been issued by the Department (show plan number).
(k) Expected dates of commencement/completion of timber operations.
( l) The types of forest products to be harvested and if management of broadleaf or optional species is being proposed.
(m) Identity of the regeneration methods, intermediate treatments, special harvesting methods, alternative prescriptions, and any information specified by the district rules. Also for THPs that do not reference an approved Sustained Yield Plan, or do not demonstrate achievement of MSP pursuant to 913.11(c), the following applies:
(1) The plan shall provide a description of the stand before and after harvesting including: volume, growth projection, stocking, and species composition.
(2) The Director may require such additional information as necessary and feasible to demonstrate how maximum sustained production of high quality timber products will be achieved for an ownership within a THP.
(n) Type of yarding (logging) systems and equipment to be used. Yarding systems will be placed in one or more of the following groups:
(1) Animal.
(2) Tractor, skidder, forwarder.
(3) Cable.
(A) Ground-lead.
(B) High-lead.
(C) Skyline.
(4) Balloon, helicopter.
(5) Other, as explained in the plan.
(o) Explanation and location of new roads wider than single lane with turnouts.
(p) Whether the RPF has informed the timber owner, timberland owner, and timber operator of their responsibilities for compliance with the stocking requirements of the Act and rules, and for maintenance of erosion control structures.
(q) Whether the RPF will be supplying the timber operator with a copy of the approved THP.
(r) How the requirements of 14 CAC 1032.7(f) are to be met.
(s) If an archaeological survey has been made on the area to be harvested.
(t) If there are any recorded archaeological or historical sites in the area to be harvested, and how the sites are to be protected if they exist.
(u) Where the timber owner or timberland owner has not signed the plan, indication that written notice of such plan has been given to either or both of these persons, as required by 14 CAC 1032.7(b).
(v) Whether there are any adverse insect, disease, or pest problems in the plan area and what mitigating measures, if any, will be used to improve the health and productivity of the stand.
(w) Information on the presence and protection of known habitat or individuals of any listed species and information on the presence and protection of non-listed species which may be significantly impacted by the timber operation.
(x) On titled USGS (if available) or equivalent topographic maps of a scale not less than 2" to the mile, the information in subsections (1-4), (8), (9), and (11-13) shall be clearly shown. Additional maps, which may be topographic or planimetric, may be used to provide the information required in the other subsections or show specific details, to improve map clarity. The appurtenant roads referenced in subsection (4) may be shown on a map which may be planimetric with a scale as small as one-half inch equals one mile. Color coding shall not be used. A legend shall be included indicating the meaning of the symbols used. See the district rules for the appropriate minimum mapping acreages.
(1) boundaries of logging area (shall be shown on quadrangle map or its equivalent).
(2) boundaries of regeneration methods, intermediate treatments, special harvesting methods, and alternative prescriptions that are to be applied.
(3) boundaries of yarding (logging) systems, if more than one system is to be used.
(4) location of public and those private roads to be used for timber operations within the plan area, and private roads appurtenant to the timber operations where such roads are under the ownership or control of the timber owner, timberland owner, timber operator, or submitter of the plan, and classification of all proposed and existing logging roads as permanent, seasonal, or temporary roads.
(5) probable location of proposed and existing landings in the watercourse and lake protection zone, and landings outside the zone that are greater than 1/4 acre in size or whose construction involves substantial excavation.
(6) road failures on existing roads to be reconstructed.
(7) location of all watercourse crossings of classified watercourses except temporary crossings of Class III watercourses without flowing water during timber operations at that crossing.
(8) location of erosion hazard rating areas, if more than one rating exists.
(9) location of all watercourses with Class I, II, III, or IV waters.
(10) location of known unstable areas or slides.
(11) location of understocked areas prior to timber operations, and other areas not normally bearing timber to at least a 20-acre minimum, or as specified in the district rules.
(12) location of boundaries of timber-site classes needed for determination of stocking standards to be applied, down to at least a 20-acre minimum or as specified in the district rules.
(13) location of main ridge tops on the logging area suitable for fire suppression efforts that will require the felling of snags.
(14) location of Coastal Commission Special Treatment Areas or any special treatment area.
(15) location for which heavy equipment use is proposed on unstable areas, or on areas for which tractor use is proposed beyond the limitations of the standard forest practice rules.
(16) Location of any in lieu use of heavy equipment and location of roads other than crossings in the WLPZ, marshes, wet meadows, and other wet areas.
(17) Location of any new or reconstructed road segment(s) that exceed an average 15% grade for over 200 feet.
(y) Any additional information that is submitted on separate pages shall be clearly marked "plan addendum" and shall bear the date on which it was prepared.
(z) Explanation and justification for, and specific measures to be used for, tractor operations on unstable areas, on slopes over 65%, and on areas where slopes average over 50% and the EHR is high or extreme.
(aa) Explanation and justification for tractor operations in areas designated for cable yarding.
(bb) Winter period operating plan where appropriate.
(cc) Explanation and justification for use of watercourse, marshes, wet meadows, and other wet areas as landings, roads, or skid trails.
(dd) Explanation and justification of any in-lieu practices for watercourse and lake protection.
(ee) Explanation of alternatives to standard rules for harvesting and erosion control.
(ff) Explanation and justification for landings that exceed the maximum size specified in the rules.
(gg) Any other information required by the rules or the Act to be included in the plan. The district rules provide for exceptions and alternatives to standard requirements that require inclusion of information in the THP.
(hh) Where roads, watercourse crossings, and associated landings in the logging area will be abandoned, the methods for abandonment shall be described.
(ii) On a map complying with subsection 1034(x), the locations and classifications of roads, watercourse crossings, and landings to be abandoned shall be shown.
(jj) A general description of physical conditions at the plan site, including general soils and topography information, vegetation and stand conditions, and watershed and stream conditions.

Note: Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4527, 4582 and 4583, Public Resources Code.






s 1034.1. Plan Submittal.

Note: Authority cited: Sections 4551, 4551.5, 21080 and 21092, Public Resources Code; NRDC v. Arcata National Corp. (1976), 59 Cal. App. 3d 959; Horn v. Ventura County (1979), 24 Cal. 3d 605. Reference: Sections 4551, 4581, 4582, 4582.5, 4592, 21080 and 21092, Public Resources Code.






s 1034.2. Professional Judgment.
Where the rules or these regulations provide for the exercise of professional judgment by the forester (RPF) or the Director, the parties, at the request of either party shall confer on the plan area during the initial pre-harvest inspection provided for by law to reach agreement if possible on the conditions and standards to be included in the plan.

Note: Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4582.7 and 4582.75, Public Resources Code.






s 1035. Plan Submitter Responsibility.
The plan submitter, or successor in interest, shall:
(a) Ensure that an RPF conducts any activities which require an RPF.
(b) Provide the RPF preparing the plan or amendments with complete and correct information regarding pertinent legal rights to, interests in, and responsibilities for land, timber, and access as these affect the planning and conduct of timber operations.
(c) Sign the THP certifying knowledge of the plan contents and the requirements of this section.
(d)(1) Retain an RPF who is available to provide professional advice to the LTO and timberland owner upon request throughout the active timber operations regarding:
(A) the plan,
(B) the Forest Practice Rules, and
(C) other associated regulations pertaining to timber operations.
(2) The plan submitter may waive the requirement to retain an RPF to provide professional advice to the LTO and timberland owner under the following conditions:
(A) the plan submitter provides authorization to the timberland owner to provide advice to the LTO on a continuing basis throughout the active timber operations provided that the timberland owner is a natural person who personally performs the services of a professional forester and such services are personally performed on lands owned by the timberland owner;
(B) the timberland owner agrees to be present on the logging area at a sufficient frequency to know the progress of operations and advise the LTO, but not less than once during the life of the plan; and
(C) the plan submitter agrees to provide a copy of the portions of the approved THP and any approved operational amendments to the timberland owner containing the General Information, Plan of Operations, THP Map, Yarding System Map, Erosion Hazard Rating Map and any other information deemed by the timberland owner to be necessary for providing advice to the LTO regarding timber operations.
(3) All agreements and authorizations required under 14 CCR s 1035(d)(2) shall be documented and provided in writing to the Director to be included in the plan.
(e) Within five (5) working days of change in RPF responsibilities for THP implementation or substitution of another RPF, file with the Director a notice which states the RPF's name and registration number, address, and subsequent responsibilities for any RPF required field work, amendment preparation, or operation supervision. Corporations need not file notification because the RPF of record on each document is the responsible person.
(f) Provide a copy of the portions of the approved THP and any approved operational amendments to the LTO containing the General Information, Plan of Operations, THP Map, Yarding System Map, Erosion Hazard Rating Map and any other information deemed by the RPF to be necessary for timber operations.
(g) Notify the Director prior to commencement of site preparation operations. Receipt of a burning permit is sufficient notice.
(h) Disclose to the LTO, prior to the start of operations, through an on-the-ground meeting, the location and protection measures for any archaeological or historical sites requiring protection if the RPF has submitted written notification to the plan submitter that the plan submitter needs to provide the LTO with this information.

Note: Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 757, 4582 and 4582.5, Public Resources Code.






s 1035.1. Registered Professional Forester Responsibility.
(a) Upon submission of a THP, the Registered Professional Forester (RPF) who prepares and signs a plan is responsible for the accuracy and completeness of its contents.
(1) The RPF preparing the plan shall state in the THP the work which will be performed by the RPF plan preparer (beyond preparation of the THP and attending the pre-harvest inspection if requested by the Director), and any additional work requiring an RPF which the plan preparer does not intend to perform. This may include, but is not limited to, field work in identifying watercourse and lake protection zones or special treatment areas, marking trees, or other activities. The RPF is only responsible for the activities set forth in the plan when employed for that purpose, or required by the rules of the Board. The RPF shall state whether or not he or she has been retained to provide professional advice throughout the timber operations.
(2) The RPF preparing the plan shall in writing, inform the plan submitter(s) of their responsibility pursuant to Section 1035 of this Article, and the timberland owner(s) of their responsibility for compliance with the requirements of the Act and where applicable, Board rules regarding site preparation, stocking, and maintenance of roads, landings, and erosion control facilities.
(b) Upon entering into an agreement to accept responsibility for any part of the preparation or implementation of a plan or any work beyond the preparation of a plan, including providing professional advice; all responsible RPFs shall disclose to the real party of interest for whom the RPF is providing professional forestry services any known current or potential conflict of interest the RPFs have with regard to the timber or land that is subject to operations under the plan. All responsible RPFs shall disclose to the timberland owner and plan submitter whether they are the real party of interest for whom the RPF is providing professional forestry services.
(c) Disclosure of newly discovered conflicts of interest an RPF has with regard to the plan submitter, timberland owner, timber owner, the LTO and timber purchaser, pertaining to the timber or land that is subject to operations under the plan, shall be required as long as an RPF has responsibilities relative to a plan. The disclosure shall include identification of the real party of interest for whom the RPF is providing professional forestry services.
(d) All disclosures made between an RPF and an affected party pursuant to this section may be kept confidential.
(e) An RPF retained by the plan submitter to provide professional advice throughout the timber operations shall be present, or ensure that the RPF's supervised designee is present, on the logging area at a sufficient frequency to know the progress of operations and advise the LTO and timberland owner, but not less than once during the life of the plan.
(f) An RPF retained by the plan submitter to provide professional advice throughout the timber operations shall inform the LTO during operations of any mitigation measures incorporated into the plan that are intended to address operations that have a high likelihood of resulting in immediate, significant and long-term harm to the natural resources of the State if such mitigation measures are not strictly applied to minimize such impacts.
(g) The RPF shall without delay notify in writing the LTO, the plan submitter, and the Department of a decision to withdraw professional services from the plan.

Note: Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4583.2 and 4583.5, Public Resources Code.






s 1035.2. Interaction Between RPF and LTO.
After the start of the plan preparation process but before commencement of operations, the responsible RPF or supervised designee familiar with on-site conditions, shall meet with either the LTO, or supervised designee, who will be on the ground and directly responsible for the harvesting operation. The meeting shall be on-site if requested by either the RPF or LTO. An on-site meeting is required between the RPF or supervised designee familiar with on-site conditions and LTO to discuss protection of any archaeological or historical sites requiring protection if any such sites exist within the site survey area pursuant to Section 929.2[949.2, 969.2](b). If any amendment is incorporated to the plan by an RPF after the first meeting, that RPF or supervised designee familiar with on-site conditions shall comply with the intent of this section by explaining relevant changes to the LTO; if requested by either that RPF or LTO, another on-site meeting shall take place. The intent of any such meeting is to assure that the LTO:
(a) Is advised of any sensitive on-site conditions requiring special care during operations.
(b) Is advised regarding the intent and applicable provisions of the approved plan including amendments.

Note: Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4581 and 4582, Public Resources Code.






s 1035.3. Licensed Timber Operator Responsibilities.
Each affected Licensed Timber Operator shall:
(a) Sign the plan and major amendments to the plan, or sign and file with the Director a facsimile of such plan or amendments, agreeing to abide by the terms and specifications of the plan. This shall be accomplished prior to implementation of the following; which the affected LTO has responsibility for implementing:
(1) those operations listed under the plan and
(2) those operations listed under any amendments proposing substantial deviations from the plan.
(b) Inform the responsible RPF or plan submitter, either in writing or orally, of any site conditions which in the LTO's opinion prevent implementation of the approved plan including amendments.
(c) Be responsible for the work of his or her employees and familiarize all employees with the intent and details of the operational and protection measures of the plan and amendments that apply to their work.
(d) Keep a copy of the applicable approved plan and amendments available for reference at the site of active timber operations. The LTO is not required to possess any confidential addenda to the plan such as the Confidential Archaeological Addendum, nor is the LTO required to keep a copy of such confidential plan addenda at the site of active timber operations.
(e) Comply with all provisions of the Act, Board rules and regulations, the applicable approved plan and any approved amendments to the plan.
(f) In the event that the LTO executing the plan was not available to attend the on-site meeting to discuss archaeological site protection with the RPF or supervised designee familiar with on-site conditions pursuant to Section 929.2 [949.2, 969.2] (b), it shall be the responsibility of the LTO executing the plan to inquire with the plan submitter, timberland owner, or their authorized agent, RPF who wrote the plan, or the supervised designee familiar with on-site conditions, in order to determine if any mitigation measures or specific operating instructions are contained in the Confidential Archaeological Addendum or any other confidential addendum to the plan.
(g) Provide the RPF responsible for professional advice throughout the timber operations an on-site contact employee authorized by the LTO to receive RPF advice.
(h) Keep the RPF responsible for professional advice throughout the timber operations advised of the status of timber operation activity.
(1) Within five days before, and not later than the day of the start-up of a timber operation, the LTO shall notify the RPF of the start of timber operations.
(2) Within five days before, and not later than the day of the shutdown of a timber operation, the LTO shall notify the RPF of the shutdown of timber operations.
(A) The notification of the shutdown of timber operations is not required if the period of the shutdown does not extend beyond a weekend, including a nationally designated legal holiday.
(i) Upon receipt of written notice of an RPF's decision to withdraw professional services from the plan, the LTO or on-site contact employee shall cease timber operations, except for emergencies and operations needed to protect water quality, until the LTO has received written notice from the plan submitter that another RPF has visited the plan site and accepts responsibility for providing advice regarding the plan as the RPF of record.

Note: Authority cited: Sections 4551, 4552 and 4571, Public Resources Code. Reference: Sections 4528.5 and 4571, Public Resources Code.






s 1035.4. Notification of Commencement of Operations.
Each calendar year, within fifteen days before, and not later than the day of the start up of a timber operation, the Timber Harvesting Plan Submitter, unless the THP identifies another person as responsible, shall notify CDF of the start of timber operations. The notification, by telephone or by mail, shall be directed to the appropriate CDF Ranger Unit Headquarters, Forest Practice Inspector, or other designated personnel.

Note: Authority cited: Sections 4551, 4551.5, 4553 and 4604, Public Resources Code. Reference: 4551, 4551.5 and 4582, Public Resources Code.






s 1036. Deviations.

Note: Authority cited: Section 4591.1, Public Resources Code. Reference: Sections 4583.2 and 4591.1, Public Resources Code.






s 1036.1. Murrelet Protection before Notice of Completion.
For any THP which has been found to be in conformance with THP filing and review procedures and approved by the Director, but as to which no Notice of Completion (PRC Section 4586) has been filed, when there is evidence that the THP area contains an active murrelet site or possesses a potential impact to a murrelet, the THP submitter shall immediately request a conference with DFG or U.S. Fish and Wildlife Service (in the event of Federal listing) to determine appropriate measures for protection of the species. Any additional mitigations for species protection which are developed through consultation with DFG or the U.S.F.W.S. after initial submittal of the THP shall be submitted to the Director in the form of an amendment to the THP pursuant to 14 CCR 1036.

Note: Authority cited: Section 4591.1, Public Resources Code. Reference: Sections 4583.2 and 4591.1, Public Resources Code.






s 1037. THP Preharvest Inspection -Filing Return.
Within ten (10) days of the receipt of a plan, the Director shall determine if the plan is accurate, complete and in proper order, and if so, the plan shall be filed. During this same period, the Director shall determine if a preharvest inspection is necessary. When the Director finds a plan inaccurate, incomplete, or otherwise not in proper order, the plan shall be returned to the submitter with written specifications of the deficiencies.
If a preharvest inspection is to be held, the LTO who will operate under the plan, if known, shall be invited to participate.

Note: Authority cited: Sections 4551, 4551.5, 4552, 4582.7 and 21080.5, Public Resources Code; NRDC v. Arcata National Corp. (1976), 50 Cal. App. 3d 959. Reference: Sections 4581, 4582, 4582.5, 4582.6, 4582.75, 4592, 21081 and 21092, Public Resources Code.






s 1037.1. Notice of Filing.
(a) The Director shall prepare a notice of filing which shall contain the basic information contained in the Notice of Intent (14 CAC 1032.7) plus the assigned timber harvesting plan number.
(b) Within 2 working days of the date the plan is filed, the Director shall transmit copies of the Notice of Filing to:
(1) The person submitting the plan.
(2) The office of the County Clerk of the county in which the operations are proposed. The notice shall be posted at the normal place for posting environmental notices.
(3) The local Ranger Unit headquarters for posting.
(4) At such other locations as the Director may deem desirable and feasible to provide adequate public notice.
(5) All public agencies having custodial responsibility for lands within 91.44 meters (300 feet).
(6) Anyone else, as required by Public Resources Code Sections 4582.4 and 4582.6.

Note: Authority cited: Sections 4551, 4551.5, 4552, 4582.4, 4582.6 and 21080.5, Public Resources Code; NRDC v. Arcata National Corp. (1976), 59 Cal. App. 3d 959. Reference: Sections 4581, 4582, 4582.5, 4582.7, 4582.75, 4592, 21081 and 21092, Public Resources Code.






s 1037.2. Request for Notices.

Note: Authority cited: Sections 4551, 4551.5, 4552 and 4582.4, Public Resources Code; Section 14880, Government Code. Reference: Sections 4581, 4582, 4582.4, 21080.5, 21081 and 21092, Public Resources Code.






s 1037.3. Agency and Public Review.
(a) Upon receipt of the filed plan in accordance with 14 CCR 1037, the Director shall place it, or a true copy thereof, in a file available for public inspection, and shall transmit a copy to the Department of Fish and Game, the appropriate California Regional Water Quality Control Board, the Department of Conservation, Division of Mines and Geology, the Department of Parks and Recreation, the county planning agency and, if the areas are within their jurisdiction, to the California Tahoe Regional Planning Agency and the California Coastal Commission.
(b) The Director shall also transmit a copy of any specific plan to any person who has made a written request therefor.
(c) The Department shall bill such persons for the cost of providing such copies and such monies shall be paid to the Department.
The Director shall invite written comments, and will consider these comments. All comments regarding plans shall be in writing and shall be addressed to the Director at the regional office where the plan is filed. Comments from reviewing public agencies shall be considered based on the comments' substance, and specificity, and in relation to the commenting agencies' area(s) of expertise and statutory mandate, as well as the level of documentation, explanation or other support provided with the comments.

Note: Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4582.6, 4582.7 and 4582.75, Public Resources Code.






s 1037.4. Director's Determination.
The Director shall have 30 days from the date the initial inspection is completed (ten of these days shall be after the final interagency review), or in the event the Director determines that such inspection need not be made, 15 days from the date of filing of an accepted plan in accordance with 14 CCR 1037, or such longer period as may be mutually agreed upon by the Director and the person submitting the plan, to review the plan and take public comment. After the initial review and public comment period has ended, the Director shall have up to fifteen working days, or a longer period mutually agreed upon by the Director and the person submitting the plan, to review the public input, to consider recommendations and mitigation measures of other agencies, to respond in writing to the issues raised and to determine if the plan is in conformance with the applicable rules adopted by the Board. The Director shall insure that an interdisciplinary review team has had an opportunity to review each plan. The Director shall review and consider the recommendations made on each plan by the interdisciplinary review team before determining if the plan conforms to the rules of the Board. The Director shall consider all written comments regarding the plan.

Note: Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4582.7 and 4582.75, Public Resources Code.






s 1037.5. Review Teams to Be Established.
Interdisciplinary review teams shall be established by the Director to review plans and assist the Director in the evaluation of proposed timber operations and their impacts on the environment.
(a) Review Team Composition. Each review team, when possible, shall consist of a representative from each of the following agencies: the appropriate California Regional Water Quality Control Board, Department of Fish and Game, Department of Conservation, Division of Mines and Geology, a representative of county government when the county government so requests, California Coastal Commission (for plans in the coastal zone), California Tahoe Regional Planning Agency (for plans in the Tahoe Basin) and the Department of Forestry and Fire Protection. The Director shall request a representative from the Department of Parks and Recreation in the case of plans that may affect values in publicly owned parks. The Director may request other federal, state, or county agencies, or Native Americans as defined in 14 CCR 895.1, when appropriate, to assist as advisors in the review process. The Department of Forestry and Fire Protection's representative shall be the review team chairperson and shall be a Registered Professional Forester.
(b) Review Team Function. The function of the review team shall be to assist the Director in determining if plans are in conformance with Board rules and to evaluate the potential environmental impacts of timber operations. Review criteria employed by a team shall be consistent with this function. The Board's regulations provide direction for those situations noted during the review which are not addressed by specific rules (See 14 CCR 898.1(f), 901-903.2, 1655 & PRC 4555). In evaluating a plan, the review team shall review any discussion of feasible alternatives or additional mitigation to the proposed timber operation as prescribed in 14 CCR 898. Plan reviewers must consider the economic as well as the environmental benefits of feasible alternatives. The review team shall serve in an advisory capacity to the Director in making recommendations on plans.
In the event that any member of the review team concludes that the plan as filed would have a significant adverse effect on the environment, that member shall explain and justify this conclusion in writing as specifically as possible. The member shall provide in writing suggested site-specific mitigation measures, if any, that will substantially lessen these impacts.
(c) Chairperson Tasks. The Department is the lead agency in the review of plans. The review team chairperson shall direct the review team meetings, coordinate the interdisciplinary review of plans and develop recommendations on plans for the Director's consideration.
(d) Review Team Meetings. The Director or his designee is responsible for establishing and scheduling the meeting of a review team to perform the necessary review of plans for the Department.
Review team meetings shall be open to the RPF, supervised designee, the landowner, and the timber owner and, insofar as possible without disrupting the work of the team, to the public. The chairperson may impose limitations on the scope of any public participation at the meetings. All interested persons will normally be allowed to attend team meetings. On occasions when space or other considerations will require some limitation on attendance the review team chairperson shall endeavor to allow for attendance of at least one representative for each of the various agencies, organizations or special interest groups.
(e) Non-Concurrence. If a member of the review team does not concur with the chairperson's recommendation to the Director, the member shall submit in writing, within 5 days of the review team meeting and before the action required by 14 CCR 1037.4, the specific reasons why the recommendation does not provide adequate protection of the resources for which his or her agency has responsibility. The submission to the Director shall also include recommendations on measures or actions the Director should take to address the asserted deficiency, as provided by the rules of the Board. A non-concurring member's comments shall be considered based on the comments' specificity and relation to the member agency's area(s) of expertise and statutory mandate, as well as the level of documentation, explanation or other support provided with the comments. If a non-concurrence is filed on a plan, the review team chairperson shall prepare a written report explaining how the concerns cited in the non-concurrence have been addressed in the plan and how the natural resources of concern will be protected during timber operations.
(f) Mitigation. Mitigation and protective measures developed by members of the review team shall be consistent with 14 CCR 1037.3, 1037.5(b), 1037.5(h), and PRC 4582.6(b). Unless the RPF and review team member agree to mitigation measure(s), such mitigation and protective measures shall be explained and justified in writing and be based upon the evaluation of site-specific conditions at the appropriate scale.
(1) During the review of a plan, including the preharvest inspection, members of the review team may recommend incorporation of mitigating measures into the plan which are consistent with the forest practice rules and which would improve the plan or assist in significantly lessening adverse impacts of the operation on any timberland resources. The submitter may or may not agree with concerns expressed by the suggestions or may offer alternatives. If the submitter, after consultation with the RPF who prepared the plan, agrees with the suggested mitigation measures or changes, they are to be incorporated in the plan. The Director may only require incorporation into the plan of mitigation measures that are based on rules of the Board.
(2) Members of the review team may suggest protective measures for incorporation into the plan when express authority for such measures is not contained in the rules and regulations of the Board. If the RPF rejects incorporation of such measures into the plan, the Director shall determine if approval of the plan without the suggested measures could result in immediate significant, and long-term harm to the natural resources of the state. If the Director finds that the state's resources are so endangered, the provisions of PRC 4555 shall be followed.
(g) Review of Plans by Review Teams. Before the Director makes a determination on a plan, a review team shall review the plan. The review team shall do the following:
(1) Before the Director accepts a plan for filing or before the fifth working day after filing, a review team shall review the plan. The purpose of this review is to assist this Department in determining whether a preharvest inspection (initial inspection) is necessary and what areas of concern are to be examined during the inspection, if it is to be made. If a preharvest inspection is determined by the Department to be unnecessary, the review team shall make its recommendation to the Director no later than five working days after a plan is filed.
(2) After the preharvest inspection and before the Director's determination on a plan, the review team shall meet to review all the information on the plan and develop a recommendation for the Director.
(3) Requests, if any, for additional information, from the plan submitter during the review period shall be as prescribed by Section 1034 and other conditions in the rules. Such requests shall be supported by reasons for the request.
During the review period, the Director shall be responsible for determining whether requests for information not contained in the plan as filed or developed in preharvest inspection by review team members, reviewing agencies and members of the public, are consistent with the Forest Practice Rules, are reasonably necessary and should be requested from plan submitters. The Director's determination of additional information to be provided by plan submitters shall be guided by standards of practicality and reasonableness, recognizing the statutory review period of the FPA, the requirements of 14 CCR 1034 and the availability of information from alternative sources.
(h) Review Team Recommendations. The review team chairperson shall develop for each plan reviewed, a recommendation for the Director's consideration. When developing recommendations the review team chairperson shall carefully consider all the information available and the views and opinions expressed by all team members. The advice of review team members shall be utilized in determining whether appropriate alternatives have been selected and included in a plan and if implementation of the plan would cause significant damage to natural resources. The Director shall evaluate the review team recommendation in light of their specificity, as well as the level of documentation, explanation or other support provided with the recommendation and the agency's statutory mandates and areas of expertise.
(i) Communications with Plan Submitter. The plan submitter, and the registered professional forester who prepared the plan, and review team members, shall be provided by the Department with copies of preharvest inspection reports, nonconcurrences and review team recommendations so they are kept informed and are better able to respond promptly to the Department relative to changes that may be needed in a plan before it is acted upon by the Director.

Note: Authority cited: Sections 4551 and 21080.5, Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 4582.6, 21000(g), 21002 and 21080.5, Public Resources Code; andNatural Resources Defense Council, Inc. v.Arcata Nat. Corp. (1976) 59 Cal.App.3d 959; 131 Cal.Rptr. 172.






s 1037.6. Nonconformance of Plan.
If the Director determines that a plan is not in conformance with the rules of the Board the plan shall be returned in accordance with 14 CCR 1054. In addition, the Director shall state any changes and reasonable conditions that in the Director's professional judgment are needed to bring the plan into conformance with the applicable rules of the Board and offer to confer with the RPF in order to reach agreement on the conditions necessary to bring the plan into conformance.

Note: Authority cited: Sections 4551 and 21080.5, Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 4582.6, 21000(g), 21002 and 21080.5, Public Resources Code; and Natural Resources Defense Council, Inc. v. Arcata Nat. Corp. (1976) 59 Cal.App.3d 959; 131 Cal.Rptr. 172.






s 1037.7. Conformance of Plan.
If the Director determines that the plan is in conformance with the rules of the Board, then the person submitting the plan shall be notified, and timber operations thereunder may commence.

Note: Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4582.7 and 4582.75, Public Resources Code.






s 1037.8. Notice of Conformance.
At the time the Director notifies the plan submitter that the plan has been found in conformance, as described in 14 CCR 1037.7, the Director shall transmit a notice thereof to the agencies and persons referred to in 14 CCR 1037.3, and for posting at the places named in 14 CCR 1037.1. A copy of the notice shall be filed with the Secretary for Resources. The notice of conformance shall include a written response of the Director to significant environmental issues raised during the evaluation process.

Note: Authority cited: Sections 4551, 4552 and 4553, Public Resources Code. Reference: Section 4552, Public Resources Code.






s 1037.9. Public Inspection.
Notices of Conformance, pursuant to 14 CAC 1037.7 and notices of approval by the Board, pursuant to 14 CAC 1037.6, shall be available for public inspection, and a list of such notices shall be posted on a weekly basis in the Office of the Resources Agency. Each such list shall remain posted for a period of 30 days.





s 1037.10. Review Period Waiver.
In counties for which rules and regulations have been adopted pursuant to Section 4516.5, no timber harvesting plan shall be approved by the Director until 35 days from the date of filing of the plan unless the Director finds that the proposed timber operations will cause no significant environmental damage or threat to public health and safety or the environment or that the timber operations are necessary to reduce such a threat. The Director may waive or shorten the time period for approval:
(a) If all of the following are true of the plan.
(1) No new road construction;
(2) No road reconstruction that involves substantial change in the original road prism;
(3) No timber operations on slopes in excess of 60%;
(4) No timber operations in special treatment areas;
(5) No timber operations within watercourse and lake protection zones;
(6) No timber operations on unstable soils;
(7) No timber operations within 500 feet of an active nesting site rare or endangered bird species;
(8) No timber operations on areas with high or extreme erosion hazard rating;
(9) The harvest area will be stocked at completion of timber operations;
(10) No threat to public safety is involved; and
(11) No public hearing has been requested by the county.
(b) Or if the Director finds that he or she must approve a plan quickly so as to adequately protect the public health and safety, or the environment and that such protection cannot be adequately provided under the normal rules of the Board for plan review. The basis for the finding must be stated in writing before the Timber Harvesting Plan is approved.

Note: Authority cited: Section 4516.6, Public Resources Code. Reference: Sections 4516.5, 4516.6 and 4582.7, Public Resources Code; and Sections 1037 and 1037.4, Title 14, California Administrative Code.






s 1037.11. Notice of Waiver.
If the Director decides to waive or shorten the time period for plan review pursuant to 14 CAC 1037.10, he or she shall give notice within three working days of that determination to all persons or agencies to whom a Notice of Intent was sent.

Note: Authority cited: Section 4516.6, Public Resources Code. Reference: Sections 4516.5, 4516.6, 4582.4 and 4582.6, Public Resources Code; and Sections 1032.7, 1032.8 and 1037.10, Title 14, California Administrative Code.






s 1038. Exemption.
Persons who conduct the following types of timber operations, listed as (a) through (i) below, are exempt from the plan preparation and submission requirements (PRC 4581) and from the completion report and stocking report requirements (PRC 4585 and 4587) of the Act except no tree that existed before 1800 A.D and is greater than sixty (60) inches in diameter at stump height for Sierra or Coastal Redwoods, and forty-eight (48) inches in diameter at stump height for all other tree species shall be harvested unless done so under the conditions or criteria set forth in subsection 1038(h). All timber operations conducted in the Lake Tahoe Region under Notice of Exemption must have a valid Tahoe Basin Tree Removal Permit (as defined by the Tahoe Regional Planning Agency, TRPA) or conducted under a valid TRPA Memorandum of Understanding.
(a) Harvesting Christmas trees.
(b) Harvesting dead, dying or diseased trees of any size, fuelwood or split products in amounts less than 10 percent of the average volume per acre when the following conditions are met:
(1) No tractor or heavy equipment operations on slopes greater than 50 percent.
(2) No construction of new tractor roads on slopes greater than 40 percent.
(3) Timber operations within any Special Treatment Area, as defined in 14 CCR 895.1, shall comply with the rules associated with that Special Treatment Area.
(4) No tractor or heavy equipment operations on known slides or unstable areas.
(5) No new road construction or reconstruction, as defined in 14 CCR 895.1.
(6) No heavy equipment operations within the standard width of a watercourse or lake protection zone, as defined in 14 CCR 916.4 [936.4, 956.4] (b), except for maintenance of roads and drainage facilities or structures.
(7) No known sites of rare, threatened or endangered plants or animals will be disturbed, threatened or damaged. (continued)