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

(continued)
(8) No timber operations within the buffer zone of a sensitive species, as defined in 14 CCR 895.1.
(9) No timber harvesting within the standard width of a watercourse or lake protection zone, as defined in 14 CCR 916.4 [936.4, 956.4] (b), except sanitation-salvage harvesting, as defined in 14 CCR 913.3 [933.3, 953.3], where immediately after completion of operations, the area shall meet the stocking standards of 14 CCR 912.7 [932.7, 952.7] (b)(2), or, except the removal of dead or dying trees where consistent with 14 CCR 916.4 [936.4, 956.4] (b). Trees to be harvested shall be marked by, or under the supervision of, an RPF prior to timber operations.
(10) No timber operations on any site that satisfies the criteria listed in 895.1 for a significant archaeological or historical site. Information on some of these sites may be available from the Information Centers of the California Historical Resources Information System within the Department of Parks and Recreation.
(c) The cutting or removal of trees in compliance with sections 4290 and 4291 which eliminates the vertical continuity of vegetative fuels and the horizontal continuity of tree crowns for the purpose of reducing flammable materials and maintaining a fuelbreak to reduce fire spread, duration, and intensity.
(1) Only trees within one-hundred-fifty feet from any point of an "approved and legally permitted structure" that complies with the California Building Code may be harvested
(2) The following silvicultural methods may not be used: clearcutting, seed tree removal step, shelterwood removal step.
(3) All surface fuels created by timber operations under the exemption which could promote the spread of wildfire, including logging slash and debris, deadwood, branches exceeding 1 inch in diameter, and brush, shall be chipped, burned, or removed within 45 days from the start of timber operations.
(4) In addition to the slash treatment described in CCR 1038(c)(3), the areas of timber operations must meet the vegetation treatment standards in PRC 4584(j)(1) to (2)(A) illustrated in Technical Rule Addendum No.4 within one year from the receipt of issuance of Notice of Acceptance.
(5) In addition to the limitations listed in 1038(b)(1)-(10), the following apply:
(A) The timber operator shall provide the Director the tentative commencement date of timber operations on the notice required in 14 CCR 1038.2. Within a 15 day period before beginning timber operations, the timber operator shall notify CDF of the actual commencement date for the start of operations. The starting date shall be directed to the designated personnel at the appropriate CDF Ranger Unit Headquarters by telephone or by mail.
(B) Timber operations conducted under this subsection shall conform to applicable city or county general plans, city or county implementing ordinances, and city or county zoning ordinances within which the exemption is located. The timber operator or timberland owner shall certify that the city or county has been contacted and the exemption conforms with all city or county regulatory requirements.
(C) Timber operations may not be conducted without a copy of the Director's notice of acceptance of the exemption at the operating site, except where the Director has failed to act within the 5 working-day review period.
(d) The limit of 10 percent of the volume per acre in subsection (b) above does not apply when harvesting dead trees which are unmerchantable as sawlog-size timber from substantially damaged timberlands, as defined in 14 CCR 895.1, and the following conditions are met
(1) Timber operations shall comply with the limits established in 14 CCR 1038(b)(1)-(10).
(2) The landowner shall notify the Director of the completion of timber operations within 30 days of their cessation.
(3) At least one inspection conducted by the Director shall be made after completion of operations (Section 4604 PRC).
(4) The RPF certifies that the timberland is substantially damaged.
(5) The RPF shall also certify that no conditions were identified where operations, conducted in compliance with the rules of the Board, would reasonably result in significant adverse effects.
(e) Operations pursuant to an exemption under subsection (c), (d) and (i) may not commence for five working days from the date of the Director's receipt of the Notice of Exemption unless this delay is waived by the Director, after consultation with other state agencies. The Director shall determine whether the Notice of Exemption is complete, and if so, shall send a copy of a notice of acceptance to the submitter. If the Notice of Exemption is not complete and accurate, it shall be returned to the submitter and the timber operator may not proceed. If the Director does not act within five days of receipt of the Notice of Exemption, timber operations may commence.
(f) On parcels of 20 acres or less in size within the Lake Tahoe Basin, that are not part of a larger parcel of land in the same ownership, the removal of live trees in a watercourse and lake protection zone (WLPZ), as defined in 14 CCR 956.4(b), used for fuelwood or other minor forest products, and dead or dying trees, (regardless of the definition of "dying trees" in section 895.1, dying means: will be dead within 1 year, based on the judgment of an RPF) as marked by an RPF and for which a Tahoe Basin Tree Removal Permit has been issued, when the following conditions are met:
(1) Tree removal on high erosion hazard lands (Bailey's Land Capability Districts 1a, 1c, or 2 per Land Capability Classification of the Lake Tahoe Basin, California-Nevada: A Guide for Planning by R.G. Bailey, USDA Forest Service, 1974) shall only be conducted using the following methods: helicopter, over-snow where no soil disturbance occurs, hand carry, and use of existing roads.
(2) Tree removal in Stream Environment Zones ( "SEZs," Bailey's Land Capability District 1b) and within the standard width of a WLPZ, shall be permitted as in the preceding section (f)(1). End-lining may also be used provided that soils are dry, all heavy equipment remains outside the SEZ or WLPZ, and site conditions are such that soils or vegetation will not be adversely affected and a discharge of earthen materials to surface waters, SEZs, or 100-year floodplains will not occur. Other low-impact tree removal methods may be used in SEZs and WLPZs if approved by the Lahontan Regional Water Quality Control Board (RWQCB) and when a Tahoe Basin Tree Removal Permit is issued prior to submittal of the exemption notice to the Department. Certification of approval by the RWQCB and TRPA shall be provided with the exemption notice to the Department. Low-impact tree removal methods means the use of techniques for vegetation management (including tree removal) and harvesting that are designed so as to minimize impacts to the soils and vegetation. Such techniques should be able to operate in a manner that minimizes disruption of the soil surface (soil detachment), soil compaction, and damage to vegetation. Depending on the specific site conditions (e.g. soil type, soil conditions, slopes) and the method of operation, the use of low-ground pressure logging equipment, including but not limited to, certain harvesters and forwarders, may qualify.
(3) No tractor or heavy equipment (ground-based) operations on slopes greater than 30% except during over-snow operations that result in no soil disturbance.
(4) No heavy equipment operations during the winter period, or within a SEZ or the standard width of a watercourse or lake protection zone (WLPZ), as defined in 14 CCR 956.4(b), except for over-snow operations that result in no soil disturbance, use or maintenance of existing roads, maintenance of drainage facilities or structures, use of low-impact tree removal methods approved pursuant to (f)(2) above, or use of skid crossings approved pursuant to (f)(9) below.
(5) No new road construction or reconstruction, as defined in 14 CCR 895.1.
(6) No tractor or heavy equipment operations on known slides or unstable areas.
(7) All cutting or removal of live trees or other live vegetation from within the standard width of a WLPZ shall meet the WLPZ standards of the Forest Practice Act and District Forest Practice Rules applicable to Timber Harvesting Plans. Trees to be harvested shall be marked by, or under the supervision of, an RPF prior to timber operations. Any cutting or removal of live trees or other live vegetation from within SEZs or WLPZs shall require a Tahoe Basin Tree Removal Permit and be certified in writing by staff of the RWQCB as complying with the soil protection and vegetation retention requirements of the RWQCB's Basin Plan prior to submittal of the exemption notice to the Department.
(8) All Class III watercourses shall have at least a 25-foot WLPZ.
(9) No watercourse crossings of Class I or Class II watercourses except on existing bridges or existing culvert crossings. Any and all crossings proposed for Class III or Class IV watercourses shall be approved by staff of the RWQCB and TRPA prior to operations.
(10) No known sites of rare, threatened or endangered plants or animals will be disturbed, threatened or damaged.
(11) No timber operations within the buffer zone of a sensitive species, as defined in 14CCR 895.1.
(12) No timber operations on significant historical or archaeological sites. Information on some of these sites may be available from the Information Centers of the California Historical Resources Information System within the Department of Parks and Recreation.
(13) The landowner shall allow access to the property for inspections by staff of the RWQCB and TRPA.
(14) A person shall comply with all operational provisions of the Forest Practice Act and District Forest Rules applicable to "Timber Harvest Plan", "THP", and "plan".
(g) The removal of woody debris and slash that is: (1) located outside the standard width WLPZ; (2) within the reach of loading equipment operating on existing logging roads and landings; (3) developed during timber operations; and (4) delivered as combustion fuel for the production of energy. Timber operations under this subsection shall comply with the conditions of section 1038(b)(3), (4), (6), (7), (8), and (10).
(h) Harvesting of large old trees shall only occur when:
(1) the tree is not critical for the maintenance of a Late Successional Stand and
(2) an RPF attaches to the exemption an explanation and justification for the removal based on the RPF's finding that one or more of the criteria or conditions listed under subsection (A), (B), or (C) are met. The requirements of (h)(2) need not be met if an approved management document; including but not limited to a HCP, SYP, NTMP or PTEIR; addresses large old tree retention for the area in which the large old tree(s) are proposed for removal and the removal is in compliance with the retention standards of that document. All trees to be harvested pursuant to this subsection shall be marked by an RPF prior to removal.
(A) The tree(s) is a hazard to safety or property. The hazard shall be identified in writing by an RPF or professionally certified arborist;
(B) The removal of the tree(s) is necessary for the construction of a building as approved by the appropriate county/city permitting process and as shown on the county/city approved site plan which shall be attached to the Notice of Exemption;
(C) The tree is dead or is likely to die within one year of the date of proposed removal, as determined by an RPF or professionally certified arborist.
(i) The harvesting of trees in compliance with PRC s 4584(k), Forest Fire Prevention Exemption, limited to those trees that eliminate the vertical continuity of vegetative fuels and the horizontal continuity of tree crowns, for the purpose of reducing the rate of fire spread, duration and intensity, fuel ignitability, or ignition of tree crowns, when the following conditions are met:
(1) The logging area does not exceed 300 acres in size.
(2) The tree harvesting will decrease fuel continuity and increase the quadratic mean diameter of the stand.
(3) The Notice of Exemption, Form RM-73(1038i)(1/01/06), is prepared, signed and submitted by an RPF to the Director. The RPF shall provide current address and telephone number on the form.
(4) The RPF preparing the Notice of Exemption shall, upon submission of the Notice of Exemption, provide a map of the area of timber operations that complies with 14 CCR s 1034(x)(1),(3), (4), (7), (8), (9), (10), (11), (12) and (14). This map shall be submitted in place of the map required by 14 CCR s 1038.2(d).
(5) The RPF shall, upon submission of the Notice of Exemption, include a description of the preharvest stand structure and a statement of the postharvest stand stocking levels. The level of residual stocking shall be consistent with maximum sustained production of high quality timber products. The residual stand shall consist primarily of healthy and vigorous dominant and codominant trees from the preharvest stand. Trees retained to meet the basal area stocking standards shall be selected from the largest trees available on the project area prior to harvest. In no case shall stocking be reduced below the following standards:
(A) Where the preharvest dominant and codominant crown canopy is occupied primarily by trees greater than 14 in. dbh:
[Coast]:
1. On Site I lands at least 125 sq. ft. per acre of basal area shall be left.
2. On Site II and III lands at least 100 sq. ft. per acre of basal area shall be left.
3. On Site IV lands at least 75 sq. ft. per acre of basal area shall be left.
4. On Site V lands, at least 50 sq. ft. per acre of basal area shall be left.
[Northern, Southern]:
1. On Site I mixed conifer lands at least 125 sq. ft. per acre of basal area shall be left, and on Site I land where greater than 50% of the basal area is pine, at least 100 sq. ft. per acre of basal area shall be left.
2. On Site II mixed conifer lands at least 100 sq.ft. per acre of basal area shall be left, and on Site II lands where greater than 50% of the basal area is pine, at least 75 sq. ft. per acre of basal area shall be left.
3. On Site III mixed conifer lands at least 75 sq. ft. per acre of basal area shall be left, and on Site III lands where greater than 50% of the basal area is pine, at least 75 sq. ft. per acre of basal area shall be left.
4. On Site IV and V mixed conifer lands, at least 50 sq. ft. per acre of basal area shall be left, and on Site IV and V lands where greater than 50% of the basal area is pine at least 50 sq. ft. per acre of basal area shall be left.
(B) Where the preharvest dominant and codominant crown canopy is occupied by trees less than 14 in. dbh, a minimum of 100 trees per acre over 4 in. dbh shall be retained for site I, II, and III. For site IV and V - 75 trees per acre over 4 in. dbh shall be retained.
(6) The RPF shall, upon submission of the Notice of Exemption, provide the selection criteria for the trees to be removed or the trees to be retained. The selection criteria shall specify how the trees to be removed, or how the trees to be retained, will be designated. All trees to be harvested or all trees to be retained shall be marked by, or under the supervision of, an RPF prior to felling operations.
(7) The RPF shall, upon submission of the Notice of Exemption, provide a Confidential Archaeological Letter which contains all the information required for plans and Emergency Notices in 14 CCR s 929.1(c)(2), (7), (8), (9), (10) and (11), [949.1(c)(2), (7), (8), (9), (10) and (11), 969.1(c)(2), (7), (8), (9), (10) and (11)] including site records as required pursuant to 14 CCR ss 929.1 (g) [949.1(g), 969.1(g)] and 929.5 [949.5 and 969.5]. The Director shall submit a complete copy of the Confidential Archaeological Letter, and two copies of any required archaeological or historical site records, to the appropriate Information Center of the California Historical Resource Information System, within 30 days from the date of Notice of Exemption submittal to the Director. Before submitting the Notice of Exemption to the Director, the RPF shall send a copy of the Notice of Exemption to Native Americans defined in 14 CCR s 895.1.
(8) Only trees less than 18 inches stump diameter, measured at eight inches above ground level, may be removed except as follows:
(A) Within 500 feet of a legally permitted structure that complies with the California Building Code, or in an area prioritized as a shaded fuel break in a community wildfire protection plan approved by a public fire agency, if the goal of fuel reduction cannot be achieved by removing trees less than 18 inches stump diameter, trees less than 24 inches stump diameter may be removed if that removal complies with this section.
(9) Post harvest stand conditions shall not violate the following canopy closure requirements:
(A) Minimum post treatment canopy closure of dominant and codominant trees shall be 40 percent for east side pine forest types;
(B) Minimum post treatment canopy closure of dominant and codominant trees shall be 50 percent for coastal redwood and Douglas-fir forest types within 1/4 mile from approved and legally permitted structures that comply with the California Building Code (legal structure). Such legal structures shall be within or adjacent to a community listed in the "California Fire Alliance list of Communities at Risk" (copyright date 2003 on file in the official rulemaking file and incorporated by reference) and have densities greater than 1 structure per 20 acres;
(C) Minimum post treatment canopy closure of dominant and codominant trees shall be 50 percent for coastal redwood and Douglas-fir forest types within 500 feet of a legal structures outside the area referenced in 14 CCR s 1038 (i)(9)(B);
(D) Minimum post treatment canopy closure of dominant and codominant trees shall be 60 percent for coastal redwood and Douglas-fir forest types outside areas referenced in 14 CCR s 1038 (i)(9)(B) and (C);
(E) Minimum post treatment canopy closure of dominant and codominant trees shall be 50 percent for mixed conifer and all other forest types.
(10) Ladder and surface fuels shall be removed to achieve a minimum clearance distance of eight feet, measured from the base of the live crown of the postharvest dominant and codominant trees to the top of the surface fuels.
(11) Surface fuels in the harvest area, including logging slash and debris, low brush, and deadwood, that could promote the spread of wildfire, shall be treated to achieve the goal of an average of four foot maximum flame length under average severe fire weather conditions. Treatments shall include chipping, removing, piling, burning or other methods necessary to achieve the goal. Treatments, except for burning operations, shall be done within 120 days from the start of timber operations. Burning operations shall be completed by April 1 of the year following surface fuel creation. Treatment of surface fuels by burning shall be exempt from the one year time limitations described under 14 CCR s 1038.1
(12) Fuel treatments conducted under 14 CCR s 1038(i)(8),(9), (10) and (11) shall be achieved on at least 80 percent of the treated area.
(13) Timber operations shall comply with the limits established in 14 CCR s 1038, subsections (b) (1) through (10).
(14) At least one inspection conducted by the Director shall be made after completion of operations.
(15) 14 CCR s 1038(i) shall expire on January 1, 2008.

Note: Authority cited: Sections 4551, 4553 and 4584, Public Resources Code. Reference: Sections 4516, 4527 and 4584, Public Resources Code; andEPIC v. California Department of Forestry and Fire Protection and Board of Forestry(1996) 43 Cal. App.4th 1011.

s 1038.1. Compliance with Act and Rules.
A person conducting timber operations under any exemption as described in 1038, shall be limited to one year from the date of receipt by the Department, and shall comply with all operational provisions of the Forest Practice Act and District Forest Rules applicable to "Timber Harvest Plan", "THP", and "plan".
In-lieu practices of watercourse and lake protection zones as specified under Article 6 of these rules, exceptions to rules, and alternative practices are not allowed.

Note: Authority cited: Sections 4551 and 4584, Public Resources Code. Reference: Sections 4527 and 4584, Public Resources Code.

s 1038.2. Exemption Form.
A person submitting an exemption under 14CCR 1038 shall submit to the Director a notice of proposed timber operations, prior to commencement of timber operations, on a form provided by the Department. The form shall contain the following information:
(a) Type of operation to be conducted.
(b) Names, address, and telephone numbers of the timber owner, timberland owners, and timber operator.
(c) Legal description of the location of the timber operation.
(d) A 7 1/2 minute quadrangle map or its equivalent showing the location of the timber operation.
(e) In addition to (a) through (d) above, the following shall be included for exemptions conducted under 14CCR 1038(c);
(1) The tentative commencement date of timber operations.
(2) A certification by the timber operator or timberland owner that the city or county within which the exemption is located has been contacted and the exemption is in conformance with all city or county regulatory requirements.
(3) A notification to the landowner stating the fuel treatment requirements and enforcement procedures under this exemption.
(4) A signature of the landowner certifying that they are the landowner and have read and understand the information on the exemption form.
(5) A larger scale map such as an assessor parcel map showing the location of the timber operation.
(f) In addition to (a) through (c) above, the following shall be included for exemptions conducted under 14 CCR s 1038(i):
(1) Name, address, telephone and license number of the registered professional forester that prepared and submitted the exemption notice.
(2) A description of the pre-harvest stand structure and a statement of the post-harvest stand stocking levels.
(3) A description of the selection criteria for the trees to be removed or the trees to be retained. The selection criteria shall specify how the trees to be removed, or how the trees to be retained, will be designated.
(4) A certification that the exemption notice has been prepared and submitted by a registered professional forester.

Note: Authority cited: Sections 4551, 4553 and 4584, Public Resources Code. Reference: Sections 4527 and 4584, Public Resources Code.

s 1038.3. Agency Exemptions.
The following types of timber operations are exempt from the provisions of the Z'berg-Nejedly Forest Practice Act, (PRC division 4, part 2, chapter 8 - beginning at sec. 4511) but not exempt from the Professional Foresters Law, PRC 750 et. seq.
(a) Timber operations on land managed by the California Department of Parks and Recreation, provided the timber operations have undergone all CEQA evaluation required pursuant to PRC division 13, beginning at section 21000.
(b) Timber operations performed by, or authorized by, federal agencies on private lands where federal easements, either partial interest or in fee, have been acquired, provided such activities are analyzed and conducted pursuant to the National Environmental Policy Act (beginning at 42 U.S.C. 4321) and achieve the same level of protection as provided by the rules of the Board in California Code of Regulations, title 14, division 1.5 (beginning with section 895).

Note: Authority cited: Sections 4584 and 4551 Public Resources Code. Reference: Sections 4527 and 4584, Public Resources Code.

s 1039. Amendment.
Amendments proposing substantial deviation from an original plan shall be submitted to the Director in writing by the person who submitted the original plan, or the successor in interest. Substantial deviations shall not be undertaken until such amendment has been filed and acted upon by the Director in the manner as required in Article 2 of Subchapter 7 of these rules for the original plan.

Note: Authority cited: Sections 4551 and 4591, Public Resources Code. Reference: Sections 4591 and 4591.1, Public Resources Code.

s 1039.1. Effective Period of the Plan.
The effective period of the plan within the meaning of PRC 4590 and 4591 is the 3-year period following the date the plan is determined to be in conformance or otherwise becomes effective pursuant to PRC 4582.7. Timber operations shall commence no earlier than the expected date of commencement stated in the plan and shall be completed no later than the expected date of completion stated in the plan except under the following conditions:
(a) An amendment to change the completion date stated in a plan has been submitted to the Director at least ten (10) days before the expected date of completion.
(b) An amendment to extend the effective period of a plan beyond three years is submitted in compliance with PRC 4590, which includes a map showing clearly the area pertaining to the request for extension.
Upon receipt of such amendment, the Director shall determine whether the change in date constitutes a substantial deviation of the plan. An extension of time is presumed to be a minor deviation, provided the extension does not lead to practices that constitute a substantial deviation, as defined in Section 1036, 14 CAC. If the Director determines that such change of date constitutes a substantial deviation, then the Director shall, prior to the date to be changed, so notify the person submitting the plan. In this case, an amended plan shall be submitted and no timber operations shall be conducted pursuant to such proposed change until such amendment is found in conformance with PRC 4582.7.

Note: Authority cited: Sections 4551, 4553, 4590 and 4591, Public Resources Code. Reference: Sections 4582.7, 4590, 4591 and 4591.1, Public Resources Code.

s 1040. Report Minor Deviations.
Minor deviations may be undertaken by the person who submitted the plan without submission of an amendment to the plan and shall be reported immediately in writing to the Director.
Actions described in 14 CCR 895.1 which are normally presumed to be substantial deviations may, in a given instance, be minor deviations. Actions listed as substantial deviations in 14 CCR 895.1 but considered to be minor by the submitter, may be undertaken only if the person who submitted the plan submits the proposed deviation in writing to the Director for review and receives approval. Approval shall be given if the Director determines that the proposed minor deviation conforms to the standards provided in 14 CCR 895.1. The Director shall have 5 working days to act on the application. If the Director or the Director's representative does not act within 5 working days of receipt of such a deviation, timber operations may commence pursuant to such amendment.

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

s 1041. Limitations.
A plan shall be limited to an area with reasonably similar timber, geology, soil, topography, climate, and stream characteristics that would constitute a logical harvesting unit. A plan should be limited to that area on which timber operations normally will be completed in one 12-month period, but in no case shall it extend beyond 36 months after the plan is determined to be in conformance or otherwise becomes effective under PRC 4582.7. Plans shall be limited to lands within a particular forest district.

s 1042. Change of Ownership.
Any change in ownership of land or timber must be reported to the Director if such a change occurs after a plan is filed but before a report of satisfactory completion of stocking is issued by the Director. It shall be the responsibility of the timber owner and/or timberland owner listed in the plan to notify the Director of the change of either ownership. Also, before the passage of title, it shall be the responsibility of the seller to notify the purchaser of either the timber or timberland of their responsibility for compliance with the stocking standards of the Act and the rules of the Board of Forestry.
After a plan is found in conformance with the rules and regulations of the Board, the Director may file a Notice of Stocking Requirements on the property with the recorder of the county within which the plan is located. When a report of satisfactory stocking is issued by the Director, a Notice of Compliance will be sent to the timberland owner.

Note: Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4588 and 4608, Public Resources Code.

s 1043. Cancellation of Plans.
All parties, who submitted plan or their successors, must sign the request to the Director for cancellation of a plan. Once cutting has commenced, the plan may not be cancelled except as to lands not harvested.

s 1044. Regulations to Take Effect.

s 1045. Director Delegation.
In order to expeditiously process plans, the Director may make such delegations deemed to be fit to employees of the Department, qualified as RPFs pursuant to Article 3 of Chapter 2.5 of Division 1 of the Public Resources Code (commencing with Section 750).

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

s 1050. Erosion Control Maintenance.
(a) Where necessary to minimize soil erosion or slope instability or to prevent degradation of the quality and beneficial uses of water, the department may require that erosion controls be maintained prior to the beginning of a winter period and prior to filing of a work completion report.
(b) The Director may deem completion report as described in PRC 4585 to have been filed upon the date of receipt if the department finds that all erosion controls have been constructed and maintained in compliance with the Forest Practice Rules upon the first inspection after receipt of the completion report. Otherwise, the Director shall accept a work completion report for filing only after the department finds that all erosion controls have been constructed in compliance with the Forest Practice Rules.
(c) The LTO is responsible for proper construction, inspection and maintenance of erosion control during the prescribed maintenance period until the work completion report as described in PRC 4585 is approved by the Director. The landowner is responsible for inspection and any needed repair and maintenance of erosion controls during the remainder of the prescribed maintenance period. Responsibility for erosion control maintenance may be assumed at an earlier date by the landowner or can be delegated to a third party, provided that the assuming party acknowledges such responsibility in writing to the Director.
(d) Upon approving a work completion report, the Director may prescribe a maintenance period which extends for as much as three years after filing the work completion report based on physical evidence (such as location of erosion controls in disturbed areas with high or extreme erosion hazard, on steep or unstable slopes, or within or adjacent to the standard width of a water course or lake protection zone) that erosion controls need to be maintained for the extended maintenance period in order to minimize soil erosion or slope instability or to prevent degradation of the quality and beneficial uses of water.
(e) After approving the work completion report, the Director may extend the prescribed maintenance period for as much as three years after filing of the work completion report if subsequent inspections by the department during the prescribed maintenance period show that erosion controls have failed or are likely to fail to minimize soil erosion or slope instability or to prevent degradation of the quality and beneficial uses of water.

Note: Authority cited: Sections 4551, 4551.5, 4562.9, 4584 and 4585, Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 4562.7, 4562.9, 4584 and 4585, Public Resources Code.

s 1051. Modified Timber Harvest Plan.
(a) On an ownership of 100 acres or less of timberland, a modified timber harvest plan may be filed by a plan submitter, providing that the following conditions and mitigations are met:
(1) No more than 70% of any existing tree canopy layer is to be harvested on parcels 40 acres or less, and not more than 50% on parcels 41-100 acres. The canopy retained shall be well distributed over the harvest area. Not more than 10% of the THP area shall be harvested under the rehabilitation method. A sample area must be marked before submission of the THP. The sample area shall include at least 10% of the area which is representative of the range of conditions present in the area.
(2) Clearcutting and shelterwood removal, as defined in 14 CCR 913.1(b) and (d) [933.1(b) and (d), and 953.1(b) and (d)] shall not be used, except for legally deeded right-of-ways or easements for utility purposes which are documented in the plan by the RPF by reference to specific deeds or surveys.
(3) Stocking standards, specific to the silvicultural method selected must be met immediately after harvesting operations are completed.
(4) No heavy equipment operations on slopes greater than 50%, or on areas with high or extreme erosion hazard ratings.
(5) No construction of new skid trails on slopes over 40%.
(6) No timber operations in Special Treatment Areas Except log hauling on existing roads not requiring reconstruction.
(7) No timber operations on slides or unstable areas.
(8) New road construction is confined to 600 feet and a 1,000 foot limit total of road construction and reconstruction combined.
(9) No heavy equipment operations within a watercourse or lake protection zone, meadows, or wet areas, except for maintenance of existing roads, drainage facilities or structures.
(10) No listed species will be directly or indirectly adversely impacted by proposed timber operations. For timber operations which potentially could adversely affect a listed species or the habitat of the species, the consultation process with DFG pursuant to Fish and Game Code 2090 or 2091 shall be completed before the THP is approved.
(11) Timber harvesting is only allowed in the WLPZ if: 1) sanitation-salvage harvesting is the only silvicultural system to be used in the WLPZ and it must be in compliance with 14 CCR 916.4 [936.4, 956.4] (b); or 2) if harvesting removes no more than 30% of any existing canopy layer. Harvesting under 2) above shall not occur again in the WLPZ for a 10-year period following completion of the THP.
(12) No timber operations within potentially significant archaeological sites.
(13) No alternatives, exceptions, or in-lieu practices allowed for watercourse or lake protection measures, standard road and landing widths, or erosion control measures, except for use of existing roads within WLPZ after compliance with examination, evaluation, and mitigation(s) per 14 CCR 916.4(a) [936.4(a), 956.4(a)].
(14) Winter timber operations except as conditioned by the Director to avoid potential significant cumulative impacts shall be in accordance with 14 CCR 914.7 (a) and (b) [934.7(a) and (b), 954.7(a) and (b)].
(15) Harvesting will not reduce the amount of the timberland occupied by late succession forest stands currently greater than or equal to 5 acres in size.
(16) In addition to (1) - (15) all other rules of the Board shall apply to operations specified in this section.

Note: Authority cited: Sections 4551, 4551.5, 4593, 21082 and 21086, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4552, 4593, 21082, 21084 and 21086, Public Resources Code; and 15300, 15300.3, 15300.4 and 15304, Title 14, California Code of Regulations (CCR).

s 1051.1. Contents of Modified THP.
A plan submitted under section 1051 above shall contain all the provisions of 14 CCR 1034 except the following: (o), (x)(7), (z), (cc), (dd), (ee), and the RPF shall:
(a) Identify and map those areas currently understocked and not to be harvested that are at least 3 acres in size.
(b) Use a topographic map base with a minimum scale of 1:12,000.
(c) Certify in the THP that the conditions or facts stated in items 1-16 above exist on the THP area at the time of submission, and that the preparation, mitigation, and analysis of the THP and no identified potential significant effects remain undisclosed.
(d) Certify that a meeting will be held at the THP site before timber operations commence with the RPF responsible for the plan or supervised designee and the licensed timber operator who will be operating on the THP where the contents and implementation of the plan have been reviewed and discussed.
Operations pursuant to this section shall use an alternative to the cumulative impacts assessment specified in 14 CCR 898, 912.9 [932.9, 952.9], and Technical Rule Addendum No.2. Operations conducted according to this section are presumed to be unlikely to cause a significant adverse impact to the environment due to the specific restrictive mitigations required in (1) - (15) above.
This presumption of unlikely impacts shall not apply to MTHPs for which: 1) the Director determines it does not meet the criteria of subsection 1051(a), or 2) the Director determines in consultation with trustee or responsible agencies, or upon review of public comments that a fair argument exists that significant individual or cumulative impacts will result from timber operations. Where issues (a fair argument) are raised the RPF shall complete the appropriate portion of Technical Rule Addendum No. 2 and submit that information for the Director's review.

Note: Authority cited: Sections 4551, 4551.5, 4593, 21082 and 21086, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4552, 4593, 21082, 21084 and 21086, Public Resources Code; and 15300, 15300.3, 15300.4 and 15304, Title 14, California Code of Regulations (CCR).

s 1051.2. Review of Modified THP.
The Director shall require a preharvest inspection of modified timber harvest plans when substantial question by Review Team members exist on plan contents or environmental impacts, and where winter operations are proposed according to 914.7 (a) and (b) [934.7(a) and (b), 954.7 (a) and (b)].

Note: Authority cited: Sections 4551, 4551.5, 4593, 21082 and 21086, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4552, 4593, 21082, 21084 and 21086, Public Resources Code; and 15300, 15300.3, 15300.4 and 15304, California Administrative Code (CAC).

s 1051.3. Expiration of Modified THP Provisions.

Note: Authority cited: Sections 4551, 4551.5, 4593, 21082 and 21086, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4552, 4554.5, 4593, 21082, 21084 and 21086, Public Resources Code; and 15300, 15300.3, 15300.4 and 15304, Title 14 California Code of Regulations.

s 1052. Emergency Notice [Effective until 1-1-2006].
(a) Before cutting or removing timber on an emergency basis, an RPF on behalf of a timber owner or operator shall submit a Notice of Emergency Timber Operations to the Director, on form RM-67 (9/99), or form RM-65 (1052.4) (2/24/05) for a Fuel Hazard Reduction emergency, as prescribed by the Director. The notice shall include, but not be limited to, the following:
(1) Names and addresses of all timberland owner(s), timber owner(s), and timber operator(s) for the area on which timber will be cut or removed.
(2) A description of the specific conditions that constitute the emergency, its cause, extent and reason for immediate commencement of timber operations.
(3) Legal description of the area from which timber will be cut or removed.
(4) A titled USGS (if available) or equivalent topographic map(s) of scale not less than 2" to the mile, or larger scale, showing the area from which timber will be cut or removed, the legal description, roads and Class I, II, III and IV watercourses, and yarding systems if more than one will be used.
(5) Yarding system to be used.
(6) The expected dates of commencement and completion of timber operations.
(7) A declaration by the RPF, made under penalty of perjury, that a bona fide emergency exists which requires emergency timber operations.
(8) A declaration by the timber owner, made under penalty of perjury, that any applicable timber yield taxes will be paid pursuant to Section 38115 of the Revenue and Taxation Code.
(9) Name, address, license number, and signature of the RPF who prepares the notice and submits it to the Director on behalf of the timber owner or operator.
(10) For Emergency Notices covering three acres or more in size, the RPF shall include a Confidential Archaeological Letter with the Emergency Notice submitted to the Director. The Confidential Archaeological Letter shall include all information required by 14 CCR s 929.1 [949.1, 969.1](c)(2), (7), (8), (9), (10) and (11), including site records, if required pursuant to 14 CCR s 929.1 [949.1, 969.1](g) and 929.5. The Director shall also submit a complete copy of the Confidential Archaeological Letter and two copies of any required archaeological or historical site records, to the appropriate Information Center of the California Historical Resource Information System within 30 days from the date of Emergency Notice submittal to the Director. Prior to submitting the emergency notice to the Director the RPF shall send a copy of the emergency notice to Native Americans as defined in 14 CCR s 895.1.
(A) For projects filing an emergency notice for fuel hazard reduction under 14 CCR s 1052.4, archaeology requirements shall be conducted by a person possessing current certification pursuant to 14 CCRs 929.4[949.4, 969.4].
(b) Timber operations pursuant to an emergency notice shall comply with the rules and regulations of the Board. A person conducting timber operations under an Emergency Notice shall comply with all operational provisions of the Forest Practice Act and District Forest Practice Rules applicable to "Timber Harvest Plan", "THP", and "plan".
(c) In-lieu practices for watercourse and lake protection zones as specified under Article 6 of the rules, exceptions to rules, and alternative practices are not allowed unless necessary to protect public health and safety.
(d) Timber operations pursuant to an Emergency Notice may not commence for five working days, 15 days for a fuel hazard emergency per 14 CCR ss 1052.1(e) and 1052.4, from the date of the Director's receipt of the Emergency Notice unless such waiting period is waived by the Director. The Director shall determine whether the emergency notice is complete. If it is found to be complete the Director shall send a copy of a notice of acceptance to the timberland owner. If the Emergency Notice is not complete it shall be returned to the submitter. If the Director does not act within five working days, 15 days for a fuel hazard emergency per 14 CCR ss 1052.1(e) and 1052.4, of receipt of the Emergency Notice, timber operations may commence.
(e) Timber operations shall not continue beyond 120 days after the Emergency Notice is accepted by the Director unless a plan is submitted to the Director and found to be in conformance with the rules and regulations of the Board, except for burning operations to treat fuels in accordance with s 1052.4(d)(6) which shall be completed by April 1 of the year following fuel creation.

Note: Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Section 4592, Public Resources Code.

s 1052. Emergency Notice [Effective 1-1-2006].
(a) Before cutting or removing timber on an emergency basis, an RPF on behalf of a timber owner or operator shall submit a Notice of Emergency Timber Operations to the Director, on form RM-67 (9/99), or form RM-65 (1052.4) (1/1/06) for a Fuel Hazard Reduction emergency, as prescribed by the Director. The notice shall include, but not be limited to, the following:
(1) Names and addresses of all timberland owner(s), timber owner(s), and timber operator(s) for the area on which timber will be cut or removed.
(2) A description of the specific conditions that constitute the emergency, its cause, extent and reason for immediate commencement of timber operations.
(3) Legal description of the area from which timber will be cut or removed.
(4) A titled USGS (if available) or equivalent topographic map(s) of scale not less than 2" to the mile, or larger scale, showing the area from which timber will be cut or removed, the legal description, roads and Class I, II, III and IV watercourses, and yarding systems if more than one will be used.
(5) Yarding system to be used.
(6) The expected dates of commencement and completion of timber operations.
(7) A declaration by the RPF, made under penalty of perjury, that a bona fide emergency exists which requires emergency timber operations.
(8) A declaration by the timber owner, made under penalty of perjury, that any applicable timber yield taxes will be paid pursuant to Section 38115 of the Revenue and Taxation Code.
(9) Name, address, license number, and signature of the RPF who prepares the notice and submits it to the Director on behalf of the timber owner or operator.
(10) For Emergency Notices covering three acres or more in size, the RPF shall include a Confidential Archaeological Letter with the Emergency Notice submitted to the Director. The Confidential Archaeological Letter shall include all information required by 14 CCR s 929.1 [949.1, 969.1](c)(2), (7), (8), (9), (10) and (11), including site records, if required pursuant to 14 CCR s 929.1 [949.1, 969.1](g) and 929.5. The Director shall also submit a complete copy of the Confidential Archaeological Letter and two copies of any required archaeological or historical site records, to the appropriate Information Center of the California Historical Resource Information System within 30 days from the date of Emergency Notice submittal to the Director. Prior to submitting the emergency notice to the Director the RPF shall send a copy of the emergency notice to Native Americans as defined in 14 CCR s 895.1.
(A) For projects filing an emergency notice for fuel hazard reduction under 14 CCR s 1052.4, archaeology requirements shall be conducted by a person possessing current certification pursuant to 14 CCRs 929.4[949.4, 969.4].
(b) Timber operations pursuant to an emergency notice shall comply with the rules and regulations of the Board. A person conducting timber operations under an Emergency Notice shall comply with all operational provisions of the Forest Practice Act and District Forest Practice Rules applicable to "Timber Harvest Plan", "THP", and "plan".
(c) In-lieu practices for watercourse and lake protection zones as specified under Article 6 of the rules, exceptions to rules, and alternative practices are not allowed unless necessary to protect public health and safety.
(d) Timber operations pursuant to an Emergency Notice may not commence for five working days, 15 days for a fuel hazard emergency per 14 CCR ss 1052.1(e) and 1052.4, from the date of the Director's receipt of the Emergency Notice unless such waiting period is waived by the Director. The Director shall determine whether the emergency notice is complete. If it is found to be complete the Director shall send a copy of a notice of acceptance to the timberland owner. If the Emergency Notice is not complete it shall be returned to the submitter. If the Director does not act within five working days, 15 days for a fuel hazard emergency per 14 CCR ss 1052.1(e) and 1052.4, of receipt of the Emergency Notice, timber operations may commence.
(e) Timber operations shall not continue beyond 120 days after the Emergency Notice is accepted by the Director unless a plan is submitted to the Director and found to be in conformance with the rules and regulations of the Board, except for burning operations to treat fuels in accordance with s 1052.4(d)(6) which shall be completed by April 1 of the year following fuel creation.
(f) Amendments to 14 CCR s 1052 Emergency Notice adopted on March 2, 2005 which became effective January 1, 2006, shall expire December 31, 2007.

Note: Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Section 4592, Public Resources Code.

s 1052.1. Emergency Conditions [Effective until 1-1-2006].
The following are conditions that constitute an emergency pursuant to 14 CCR 895.1:
(a) Trees that are dead or dying as a result of insects, disease, parasites, or animal damage.
(b) Trees that are fallen, damaged, dead or dying as a result of wind, snow, freezing weather, fire, flood, landslide or earthquake.
(c) Trees that are dead or dying as a result of air or water pollution.
(d) Cutting or removing trees required for emergency construction or repair of roads.
(e) Where high, very high or extreme fuel hazard conditions, the combination combustible fuel quantity, type, condition, configuration and terrain positioning, pose a significant fire threat on private timberlands. Cutting and removal of hazardous fuels, including trees, shrubs and other woody material, is needed to eliminate the vertical and horizontal continuity of understory fuels and surface fuels, for the purpose of reducing the rate of fire spread, fire duration and intensity, fuel ignitability and to achieve a flame length under average severe fire weather conditions that is less than 4 feet in the treated areas.
The following are conditions that constitute a financial emergency as defined in 14 CCR 895.1:
Potential financial loss of timber previously inoperable or unmerchantable due to one or more of the following factors: access, location, condition, or timber volume that has unexpectedly become feasible to harvest provided that the harvest opportunity will not be economically feasible for more than 120 days and provided that such operations meet the conditions specified in 1038(b)(1)- (10) and meet minimum stocking requirements at the completion of timber operations. (continued)