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(continued)
Note: Authority cited: Sections 4551, 4552, Public Resources Code. Reference: Section 4592, Public Resources Code.
s 1052.1. Emergency Conditions [Effective 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, surface fuels, and/or crown 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. 14 CCR s 1052.1(e) shall expire on December 31, 2007.
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.
Note: Authority cited: Sections 4551, 4552, Public Resources Code. Reference: Section 4592, Public Resources Code.
s 1052.2. Emergency Substantiated by RPF.
The RPF preparing the Notice of Emergency Timber Operations shall describe the nature of the emergency and the need for immediate cutting in sufficient detail so that the reason for the emergency is clear. Where tree killing insects have killed and are likely to kill trees within one year on timberland, an emergency is presumed to exist. Trees will be considered likely to die when they are determined, by an RPF, to be high risk by either:
(a) Risk classification systems including Smith et al., 1981; The California pine risk-rating system: its development, use, and relationship to other systems; In Hazard-Rating Systems in Forest Insect Pest Management, Hedden et al., eds. USDA Forest Service General Technical Report WO - 27, pp. 53-69; Ferrell. 1989; Ten-year risk-rating systems for California Red Fir and White Fir: development and use; USDA Forest Service General Technical Report PSW-115, 12p.; or similar risk-rating systems recognized by the profession; or
(b) Where evidence of a current beetle attack exists (i.e. existence of boring dust, woodpecker feeding, or recent top kill) and these trees are within 100 feet of multiple tree kills. Such trees shall be marked by an RPF or the supervised designee before felling.
Note: Authority cited: Sections 4551, 4552 and 4554, Public Resources Code. Reference: Section 4592, Public Resources Code.
s 1052.3. Emergency Notice For Insect Damaged Timberlands.
Emergency timber operations, under the presumed emergency standard of 14 CCR 1052.2, may be commenced provided a Registered Professional Forester (RPF) is responsible for an on-site inspection, and tree marking when required by subsection (a):
(a) The emergency notice used with this section is to be used only for the harvesting of dead trees and those dying because of insect attack. Trees with green crowns that are to be harvested must be under insect attack which is likely to lead to mortality within one year, and shall be stump marked or otherwise designated by an RPF prior to cutting.
(b) A 60-day extension of an existing emergency notice may be submitted by an RPF where expanded or subsequent insect attack is occurring and it is explained and justified why the timber operation could not be completed during the first 60-day period.
Note: Authority cited: Sections 4551, 4552 and 4554, Public Resources Code. Reference: Section 4592, Public Resources Code.
s 1052.4. Emergency Notice for Fuel Hazard Reduction [Effective until 1-1- 2006].
The RPF preparing the Notice of Emergency Timber Operations for Fuel Hazard Reduction shall describe the nature of the emergency and the need for immediate cutting in sufficient detail so that the reason for the emergency is clear. Emergency timber operations, under the presumed emergency standard of 14 CCR s 1052.1, may be commenced and conducted when in conformance with the following:
(a) RPF develops and documents the vegetative treatments necessary to meet the goals of 14 CCR s 1052.1(e), and ensures post harvest conditions are in accordance with all subsections in s 1052.4. Such documentation includes the following:
(1) A description of the preharvest stand structure and statement of the postharvest stand stocking levels.
(2) A description of the criteria used for the trees to be harvested or the trees to be retained.
(3) All trees that are harvested or all trees that are retained shall be marked by or under the supervision of a registered professional forester before felling operations begin.
(4) Post harvest compliance shall be determined by the combination of physical measurements, observations, and comparison to photo series examples in U.S. Forest Service General Technical Report PNW-51 and 52 description codes 1-PP-4-PC, 1-DF-4-PC, 6-DF-PC and 2-LP-3-PC, or other examples on file in the official rulemaking file and incorporated by reference. Post harvest compliance shall be met on at least 80 percent of the project area as calculated excluding WLPZs and other wildlife protection requirements developed in accordance with s 1052.4(e).
(b) The conditions of subsection 14 CCR s 1038(b)(1) through (10) are applied or, for operations in the Lake Tahoe Basin, (f)(1) through (14) are applied.
(c) Geographic area: operations are permitted:
(1) 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.
(2) Within 500 feet of a legal structure outside the area defined in s 1052.4(c)(1);
(3) Within 500 feet of either side of a public or federal road;
(4) Within 500 feet on either side of a private road providing access to legal structures;
(5) Within 500 feet on either side of a mainline haul road identified by a public fire agency as necessary for fire suppression or evacuation and is approved by a public fire agency in a fire prevention plan;
(6) Within 500 feet on either side of ridges identified by a public fire agency as suitable for fire suppression and is approved by a public fire agency in a fire prevention plan;
(7) Within 500 feet of infrastructure facilities such as transmission lines or towers or water conduits.
(d) Vegetation Treatments: Tree removal shall target understory trees. The residual stand shall consist primarily of healthy and vigorous dominant and codominant trees from the preharvest stand. Standards listed shall be met by retaining the largest diameter trees in the preharvest project area.
(1) The quadratic mean diameter of trees greater than 8 inches diameter breast height in the preharvest project area shall be increased in the post harvest stand.
(2) Only trees less than 30 inches inside bark stump diameter may be removed.
(3) Minimum post treatment canopy closure of dominant and codominant trees shall be 40 percent for east side pine forest types; 50 percent for coastal redwood and Douglas-fir forest types in or adjacent to communities and legal structures referenced in subsection s 1052.4(c)(1) and (2); 60 percent for coastal redwood and Douglas-fir forest types outside of communities and legal structures referenced in subsections 1052.4(c)(1) and (2); and 50 percent for mixed conifer and all other forest types.
(4) Stocking shall meet commercial thinning requirement of 14 CCR s 913.3 [933.3, 953.3] immediately upon completion of operations.
(5) Understory and surface fuels shall be removed to achieve a minimum clearance distance of 8 feet measured from the base of the live crown of the post harvest dominant and codominant trees to the top of the surface fuels.
(6) Not withstanding wildlife habitat requirements of subsections 1052.4(e), surface fuels in the project 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 4 foot maximum flame length height under average severe fire weather conditions. These treatments shall include chipping, removal or other methods necessary to achieve the goal, and shall be accomplished within 120 days from the start of operations, except for burning operations, which shall be accomplished by April 1 of the year following surface fuel creation.
(e) As part of the preharvest project design, the RPF shall evaluate and incorporate habitat requirements for fish, wildlife and plant species in accordance with sections 14 CCR ss 898.2, 916.9 [936.9, 956.9] and 919. Such evaluations shall include use of the California Natural Diversity Database (as referenced by the California Department of Fish and Game, http:// www.dfg.ca.gov/whdab/html/cnddb.html) and local knowledge of the planning watershed. Consultation with California Department of Fish and Game personnel is recommended. Examples of habitat requirements to be incorporated into the project include retention of large woody debris and snags congruent with emergency condition goals, and vegetative screening for wildlife cover and visual aesthetics.
Note: Authority cited: Sections 4551, 4551.5, 4552, 4553 and 4592, Public Resources Code. Reference: Sections 4513, 4554, 4555, 4561, 4562, 4584, 4592, 21001(f) and 21080(b)(4), Public Resources Code.
s 1052.4. Emergency Notice for Fuel Hazard Reduction [Effective 1-1-2006].
The RPF preparing the Notice of Emergency Timber Operations for Fuel Hazard Reduction shall describe the nature of the emergency and the need for immediate cutting in sufficient detail so that the reason for the emergency is clear. Emergency timber operations, under the presumed emergency standard of 14 CCR s 1052.1, may be commenced and conducted when in conformance with the following:
(a) RPF develops and documents the vegetative treatments necessary to meet the goals of 14 CCR s 1052.1(e), and ensures post harvest conditions are in accordance with all subsections in s 1052.4. Such documentation shall include the following:
(1) A description of the preharvest stand structure and statement of the postharvest stand stocking levels.
(2) A description of the criteria to designate trees to be harvested or the trees to be retained.
(3) All trees that are harvested or all trees that are retained shall be marked or sample marked by or under the supervision of a Registered Professional Forester before felling operations begin. When trees are sample marked, the designation prescription for unmarked areas shall be in writing and the sample mark area shall include at least 10% of the harvest area to a maximum of 20 acres per stand type which is representative of the range of conditions present in the area.
(4) Post harvest compliance shall be determined by the combination of physical measurements, observations, and comparison to photo series examples in U.S. Forest Service General Technical Report PNW-51 and 52 description codes 1-PP-4-PC, 1-DF-4-PC, 6-DF-PC and 2-LP-3-PC, or other examples on file in the official rulemaking file and incorporated by reference. Post harvest compliance shall be met on at least 80 percent of the project area as calculated excluding WLPZs and other wildlife protection requirements developed in accordance with 14 CCR s 1052.4(e).
(b) The conditions of subsection 14 CCR s 1038(b)(1) through (10) are applied or, for operations in the Lake Tahoe Basin, (f)(1) through (14) are applied.
(c) Geographic area: operations are permitted:
(1) 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.
(2) Within 500 feet of a legal structure outside the area defined in s 1052.4(c)(1);
(3) Within 500 feet of either side of a public or federal road;
(4) Within 500 feet on either side of a private road providing access to legal structures;
(5) Within 500 feet on either side of a mainline haul road identified by a public fire agency as necessary for fire suppression or evacuation and is approved by a public fire agency in a fire prevention plan, or otherwise approved by a public fire agency;
(6) Within 500 feet on either side of ridges identified by a public fire agency as suitable for fire suppression and is approved by a public fire agency in a fire prevention plan, or otherwise approved by a public fire agency;
(7) Within 500 feet of infrastructure facilities such as transmission lines or towers or water conduits.
(d) Vegetation Treatments: Tree removal shall target understory trees. The residual stand shall consist primarily of healthy and vigorous dominant and codominant trees from the preharvest stand. Standards listed shall be met by retaining the largest diameter trees in the preharvest project area.
(1) The quadratic mean diameter of trees greater than 8 inches dbh in the preharvest project area shall be increased in the post harvest stand.
(2) Only trees less than 24 inches outside bark stump diameter may be removed except under the following condition. If the goal of fuel reduction cannot be achieved by removing trees less than 24 inches outside bark stump diameter; trees less than 30 inches outside bark stump diameter may be removed if that removal is necessary to meet the fuel objectives stated in 14 CCRs 1052.1(e).
(3) Minimum post treatment canopy closure of dominant and codominant trees shall be 40 percent for east side pine forest types; 50 percent for coastal redwood and Douglas-fir forest types in or adjacent to communities and legal structures referenced in subsection s 1052.4(c)(1) and (2); 60 percent for coastal redwood and Douglas-fir forest types outside of communities and legal structures referenced in subsections 1052.4(c)(1) and (2); and 50 percent for mixed conifer and all other forest types.
(4) Stocking shall meet commercial thinning requirement of 14 CCR s 913.3 [933.3, 953.3] immediately upon completion of operations.
(5) Understory and surface fuels shall be removed to achieve a minimum clearance distance of 8 feet measured from the base of the live crown of the post harvest dominant and codominant trees to the top of the surface fuels.
(6) Not withstanding wildlife habitat requirements of subsections 1052.4(e), surface fuels in the project 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 4 foot maximum flame length height under average severe fire weather conditions. These treatments shall include chipping, removal or other methods necessary to achieve the goal, and shall be accomplished within 120 days from the start of operations, except for burning operations, which shall be accomplished by April 1 of the year following surface fuel creation.
(e) As part of the preharvest project design, the RPF shall evaluate and incorporate habitat requirements for fish, wildlife and plant species in accordance with sections 14 CCR ss 898.2, 916.9 [936.9, 956.9] and 919. Such evaluations shall include use of the California Natural Diversity Database (as referenced by the California Department of Fish and Game, http:// www.dfg.ca.gov/whdab/html/cnddb.html) and local knowledge of the planning watershed. Consultation with California Department of Fish and Game personnel is recommended. Examples of habitat requirements to be incorporated into the project include retention of large woody debris and snags congruent with emergency condition goals, and vegetative screening for wildlife cover and visual aesthetics.
(f) Operations conducted concurrently in the same geographic area (ref. 14 CCRs 1052.4(c))pursuant to 14 CCRs 1038(b) shall not remove diseased trees in excess of the diameter limit required under 14 CCRs 1052.4(d)(2).
(g) 14 CCRs 1052.4 Emergency Notice for Fuel Hazard Reduction shall expire on December 31, 2007.
Note: Authority cited: Sections 4551, 4551.5, 4552, 4553 and 4592, Public Resources Code. Reference: Sections 4513, 4554, 4555, 4561, 4562, 4584, 4592, 21001(f) and 21080(b)(4), Public Resources Code.
s 1053. Purpose of Regulations.
The regulations contained in this article govern procedures affecting appeals to the Board on return of plans by the Director pursuant to the provisions of PRC 4582.7.
Note: Authority cited for Article 3 (Sections 1053-1059): Sections 4551, 4552 and 4571, Public Resources Code. Reference: Section 4582.7, Public Resources Code.
s 1054. Return of Plan by Director.
(a) When the Director determines that a plan is not in conformance with the rules of the Board, the plan shall be returned to the person submitting the plan with a statement including the following:
(1) The reasons for returning the plan;
(2) Notice that the person submitting the plan has a right to a public hearing before the Board, providing the person submitting the plan requests such hearing within 10 days from receipt of such plan as set forth in 14 CAC 1055; and
(3) Notice that timber operations under the plan shall not commence.
(b) The plan and said statement shall be delivered as follows:
(1) By personal service upon the person submitting the plan; or
(2) By registered or certified mail, return receipt requested, to the person submitting the plan at last address of record.
Note: Authority cited: Section 4551 and 4552, Public Resources Code. Reference: Sections 4582.7 and 4582.75, Public Resources Code.
s 1054.1. Right to Request Public Hearing.
Any person submitting a plan to whom such plan is returned by the Director on the grounds that it is not in conformance with the rules of the Board, may within 10 days of receipt of the plan request a public hearing before the Board consistent with sections 1055.2 and 1055.4.
Note: Authority cited: Sections 4551 and 4582.75, Pubic Resources Code. Reference: Sections 4582.7 and 4582.75, Public Resources Code.
s 1054.2. Form of Request for Hearing.
The request for hearing shall be in writing and shall contain the following:
(a) A statement requesting a hearing before the Board;
(b) Identification of the plan; and
(c) The name and address of the person making the request.
s 1054.3. Filing of Request for Hearing.
Such request shall be deemed to be filed on the date, whichever is earlier, upon which it is postmarked or the date upon which it is otherwise received at the office of the State Board of Forestry at 1416 Ninth Street, Room 1506-14, Sacramento, CA 95814.
s 1054.4. Public Hearing.
The Board shall schedule and hold a public hearing on such request no later than 30 days from the filing of the request for hearing, or at such later time as may be mutually agreed upon by the Board and the person submitting the plan and filing the request. The hearing may be scheduled as part of a regular meeting of the Board, or as part of any special meeting, provided that sufficient time is provided for the notice of hearing in accordance with 14 CAC 1056.2.
s 1054.5. Notice of Hearing.
(a) At least 15 days prior to the hearing, the Board shall give public notice as follows:
(1) Mailing the notice to the applicant, and mailing such notice to the Director for distribution as provided in subsections (2)-(5)below;
(2) Mailing the notice to any person who has submitted written comment on the plan and to any person requesting notice of the appeal or hearing;
(3) Posting such notice in a conspicuous location available to the public in the appropriate regional office of the Department;
(4) Posting of the notice at the place where notices are customarily posted at the county courthouse of the county within which the proposed timber operations are to take place;
(5) Any other dissemination of the notice determined to be appropriate by the Director to provide full participation in the hearing by the interested public.
(b) The notice of hearing shall include the following:
(1) The name of the person submitting the plan;
(2) Identification of the plan, including the number of the plan, a brief description of the location of the timber operations referred to in the plan by reference to any commonly known landmarks in the area, and a brief description of the proposed timber operations;
(3) A statement that the plan has been returned to the person submitting the plan because the Director has determined that the plan is not in conformance with the rules of the Board, and that the person submitting the plan has requested a public hearing before the Board pursuant to PRC 45182.7. In addition, a statement inviting the person submitting the plan and the public to make statements at the hearing regarding the plan; and
(4) The time, date, and location of the public hearing.
Note: Authority cited: Sections 4551 and 4582.7, Public Resources Code. Reference: Section 4582.7, Public Resources Code.
s 1054.6. Hearing Record.
The record before the Board upon the public hearing shall be as follows:
(a) The timber harvesting plan;
(b) All reports, findings, communications, correspondence, and statements in the file of the Department relating to the plan.
s 1054.7. Hearing Procedures.
(a) The public hearing should normally proceed in the following manner:
(1) Identification of the record;
(2) Statements on behalf of person submitting the plan;
(3) Statements of members of the public;
(4) Motion to close public hearing.
(b) Notwithstanding the above, the chairperson may in the exercise of discretion, determine the order of the proceedings.
(c) The chairperson may impose reasonable time limits upon statements and presentations and may accept written statements in lieu of oral statements.
(d) The public hearing shall be recorded either electronically or by other convenient means.
s 1054.8. Order of the Board.
Following the public hearing, the Board shall determine whether, upon the record before it, the plan is in conformance with the rules and regulations of the Board and the provisions of the Act. If the Board determines that the plan is in conformance with the rules and regulations of the Board and the provisions of the Act, it shall make its order approving the plan. If the Board determines that the plan is not in conformance with the regulations of the Board and the provisions of the Act, it shall make its order disapproving the plan. Approval of the plan by the Board constitutes authorization that timber operations may commence and be conducted in accordance with the plan as approved and in accordance with rules and regulations of the Board and the provisions of the Act. Timber operations shall not take place where the Board disapproves the plan. Disapproval of plan shall be without prejudice to the applicant submitting a plan at any later time complying with the rules and regulations of the Board and the provisions of the Act. Where the Board approves the plan, notice thereof shall be filed with the Secretary of Resources, and within 10 working days such notice shall be transmitted to the agencies and persons referred to in 14 CAC 1037.3, and for posting at the places referred to in section 1037.1. The order of approval shall include written response to significant environmental points raised during the appeal.
s 1055. County Appeals Procedures.
The Board of Supervisors of a county for which rules and regulations have been adopted pursuant to Public Resources Code 4516.5 may appeal the Director's approval of a Timber Harvesting Plan by doing the following:
(a) No later than ten days from the date of approval, the county shall file with the Executive Officer of the Board of Forestry and mail to the plan submitter a statement containing:
(1) The name of the submitter of the Timber Harvesting Plan;
(2) The number of the Timber Harvesting Plan;
(3) The location of the proposed timber operations;
(4) A concise summary of all facts upon which the appeal is based;
(5) A copy of or reference to all documents which support the appellant's position;
(6) The name and phone number of the county staff member who will be the primary contact for purposes of the appeal;
(7) A copy of the authorization by the Board of Supervisors or its authorized designee for the appeal and containing the specific finding that the public health and safety, or the environment is threatened by the approval of the Timber Harvesting Plan and what form that threat takes;
(8) Certification that the county participated in the initial inspection of the plan area with the Director and participated in a multidisciplinary review of the plan.
(b) The county shall promptly telephone the Director and the plan submitter to inform them of the filing of the appeal.
Note: Authority cited: Section 4516.6, Public Resources Code. Reference: Sections 4516.5 and 4516.6, Public Resources Code.
s 1055.1. Hearing on County Appeal.
The Board shall grant to a county that meets the requirements for filing an appeal an initial hearing to consider the county's request for an appeal at the next regularly scheduled Board meeting following the receipt of the request. The Board shall grant a hearing on an appeal by a county pursuant to Public Resources Code 4516.6 if the Board finds that the appeal raises substantial issues with respect to public health and safety or to the environment. If the Board finds that the appeal raises no substantial issues with respect to public health and safety or to the environment, the Board shall refuse to grant a hearing on an appeal. In making this determination, the Board shall consider the following:
(a) Whether the appeal raises environmental issues which can be addressed by the Board within the limits of the Public Resources Code and the rules of the Board; and
(b) Whether the appeal raises public health and safety issues which involve threats to the lives, health, or property of county residents.
Note: Authority cited: Section 4516.6, Public Resources Code. Reference: Sections 4516.5 and 4516.6, Public Resources Code.
s 1055.2. County Appeal Hearing Procedures -Scheduling.
The Board shall schedule and hold a public hearing on an appeal by a county no later than 30 days from the filing of the written statement of appeal, or at such later time as may be mutually agreed upon by the Board, the county, and the plan submitter. The hearing may be scheduled as part of a regular meeting of the Board or may be conducted by a committee of the Board as provided in PRC 4516.6(d). Sufficient time must be provided for the notice of hearing in accordance with 14 CAC 1055.8.
Note: Authority cited: Section 4516.6, Public Resources Code. Reference: Sections 4516.5 and 4516.6, Public Resources Code; and Section 1055.8, Title 14, California Code of Regulations.
s 1055.3. County Appeal Hearing Procedures -Notice.
(a) At least 15 days prior to the hearing, the Board shall give public notice as follows:
(1) Mailing the notice to the county and the plan submitter and sending the notice to the Director for distribution as provided in subsection (2)-(5) below;
(2) Mailing the notice to any person who has submitted written comment on the plan and to any person who requests notice of the appeal or hearing;
(3) Posting of the notice in a conspicuous location available to the public in the appropriate regional office of the Department;
(4) Posting of the notice at the place where notices are customarily posted at the county courthouse of the county within which the proposed timber operations are to take place;
(5) Any other dissemination of the notice determined to be appropriate by the Director to provide full participation in the hearing by the interested public.
(b) The notice of hearing shall include the following:
(1) The name of the person submitting the plan;
(2) Identification of the plan, including the number of the plan, a brief description of the location of the timber operations referred to in the plan by reference to any commonly known landmarks in the area, and a brief description of the proposed timber operations;
(3) A statement that the county has appealed in the Director's decision to approve the plan and has requested a public hearing pursuant to PRC 4516.6. The notice shall also include a statement inviting the person submitting the plan and the public to make statements at the hearing regarding the plan; and
(4) The time, date, and location of the public hearing.
Note: Authority cited: Section 4516, Public Resources Code. Reference: Sections 4516.5 and 4516.6, Public Resources Code.
s 1055.4. County Appeal Hearing Procedures -Record.
The record before the Board upon the public hearing shall be as follows:
(a) The timber harvesting plan;
(b) All reports, findings, communications, correspondence, and statements in the file of the Department relating to the plan.
Note: Authority cited: Section 4516.6, Public Resources Code. Reference: Sections 4516.5 and 4516.6, Public Resources Code.
s 1055.5. County Appeal Hearing Procedures -Sequence.
(a) The public hearing should normally proceed in the following manner:
(1) Identification of the record;
(2) Statements on behalf of the county;
(3) Statements on behalf of person submitting the plan;
(4) Statements of members of the public;
(5) Motion to close public hearing.
(b) Notwithstanding the above, the chairperson may in the exercise of discretion, determine the order of the proceedings.
(c) The chairperson may impose reasonable time limits upon statements and presentations and may accept written statements in lieu of oral statements.
(d) The public hearing shall be recorded either electronically or by other convenient means.
Note: Authority cited: Section 4516.6, Public Resources Code. Reference: Sections 4516.5 and 4516.6, Public Resources Code.
s 1055.6. County Appeal Hearing Procedures -Order.
Following the public hearing, the Board shall determine whether, upon the record before it, the plan is in conformance with the rules and regulations of the Board and the provisions of the Act. If the Board determines that the plan is in conformance with the rules and regulations of the Board and the provisions of the Act, it shall make its order approving the plan. If the Board determines that the plan is not in conformance with the regulations of the Board and the provisions of the Act, it shall make its order disapproving the plan. Approval of the plan by the Board constitutes authorization that timber operations may commence and be conducted in accordance with the plan as approved and in accordance with rules and regulations of the Board and the provisions of the Act. Timber operations shall not take place where the Board disapproves the plan. Disapproval of plan shall be without prejudice to the applicant submitting a plan at any later time complying with the rules and regulations of the Board and the provisions of the Act. Where the Board approves the plan, notice thereof shall be filed with the Secretary of Resources, and within 10 working days such notice shall be transmitted to the agencies and persons referred to in 14 CAC 1037.3, and for posting at the places referred to in section 1037.1. The order of approval shall include written response to significant points raised in the appeal.
Note: Authority cited: Section 4516.6, Public Resources Code. Reference: Sections 4516.5 and 4516.6, Public Resources Code; Sections 1037.1 and 1037.3, Title 14, California Code of Regulations.
s 1055.7. County Appeal Hearing Procedures - Scheduling.
Note: Authority cited: Section 4516.6, Public Resources Code. Reference: Sections 4516.5 and 4516.6, Public Resources Code; and Section 1055.8, Title 14, California Code of Regulations.
s 1055.8. County Appeal Hearing Procedures - Notice.
Note: Authority cited: Section 4516, Public Resources Code. Reference: Sections 4516.5 and 4516.6, Public Resources Code.
s 1055.9. County Appeal Hearing Procedures - Record.
Note: Authority cited: Section 4516.6, Public Resources Code. Reference: Sections 4516.5 and 4516.6, Public Resources Code.
s 1055.10. County Appeal Hearing Procedures - Sequence.
Note: Authority cited: Section 4516.6, Public Resources Code. Reference: Sections 4516.5 and 4516.6, Public Resources Code.
s 1055.11. County Appeal Hearing Procedures - Order.
Note: Authority cited: Section 4516.6, Public Resources Code. Reference: Sections 4516.5 and 4516.6, Public Resources Code; Sections 1037.1 and 1037.3, Title 14, California Code of Regulations.
s 1056. Head of Agency Appeals Procedure.
The State Water Resources Control Board (SWRCB) or the Director of the Department of Fish and Game (DFG) pursuant to PRC 4582.9 may appeal the Director's approval of a THP, or Substantial Deviation (14 CCR 1036 and 1039) by doing the following:
(a) No later than ten days form the date of THP approval, the SWRCB or DFG shall file with the Executive Officer of the Board of Forestry and mail to the plan submitter and Director of CDF a statement containing:
(1) The name of the submitter of the THP;
(2) The number of the THP assigned by CDF;
(3) The location of the proposed timber operations as described in the Notice of Intent;
(4) A concise summary of all facts upon which the appeal is based;
(5) A copy of or reference to all documents within the official THP record which support the appellant's position;
(6) The name and phone number of the SWRCB designee or DFG staff member who will be the primary contact for purposes of the appeal;
(7) A copy of the authorization by the SWRCB or DFG or its authorized designee for the appeal and containing the specific finding that the environment or the public health, safety, or general welfare is threatened by the approval of the THP or Substantial Deviation and what form that threat takes;
(8) Certification that the SWRCB or Regional Water Quality Control Board or DFG participated in a multidisciplinary review of the plan including an on site inspection prior to plan approval.
(9) A statement that the timber operations are not to proceed until the appeal has been acted on by the Board as stated in PRC section 4582.9.
(10) A copy of regulations pertaining to head-of-agency appeals.
(11) A statement to contact the Board for other information about the hearing process.
(b) The SWRCB or DFG shall promptly telephone the Director and plan submitter to inform them of the filing of the appeal.
(c) If timber operations have commenced, the Department will notify the timber operator to stop all operations.
Note: Authority cited: Section 4582.9, Public Resources Code. Reference: Section 4582.9, Public Resources Code.
s 1056.1. Hearing on Head of Agency Appeal.
The Chairman of the Board of Forestry shall, without being required to consult other members of the Board, within five (5) working days of receiving the appeal grant a hearing on an appeal by SWRCB or DFG pursuant to PRC section 4582.9 if the Chairman finds that the appeal raises substantial issues with respect to the environment or to public safety. If the Chairman finds that the appeal raises no substantial issues with respect to the environment or to public safety, he or she shall refuse to grant a hearing on an appeal. The Chairman will inform the appealing agency, the plan submitter, and the Department of his or her decision. In making this determination, the chairman shall consider the following:
(a) Whether the appeal raises environmental issues which can be addressed by the Board within the limits of the Public Resources Code and the rules of the Board and other applicable laws; and
(b) Whether the appeal raises public safety issues which involve threats to the lives, health, or property of state residents.
Note: Authority cited: Section 4582.9, Public Resources Code. Reference: 4582.9, Public Resources Code.
s 1056.2. Head of Agency Appeal Hearing Procedures -Scheduling.
The Board shall schedule and hold a public hearing on an appeal by SWRCB or DFG no later than 30 days from the filing of the written statement of appeal, or at such later time as may be mutually agreed upon by the Board, the appellant(s), and the plan submitter. The hearing may be scheduled as part of a regular meeting of the Board or may be conducted by a committee of the Board as provided in PRC 4582.9(d). Sufficient time must be provided for the notice of hearing in accordance with 14 CCR 1056.3.
Note: Authority cited: Section 4582.9, Public Resources Code. Reference: Section 4582.9, Public Resources Code.
s 1056.3. Head of Agency Appeal Procedures -Notice.
(a) At least 15 days prior to the hearing, the Board shall give public notice as follows:
(1) Mailing the notice to the SWRCB designee or DFG, and the plan submitter and sending the notice to the Director for distribution as provided in subsection (2) - (5) below;
(2) Mailing the notice to any person who has submitted written comment on the plan and to any person who requests notice of the appeal or hearing;
(3) Posting of the notice in a conspicuous location available to the public in the appropriate regional office and ranger unit headquarters of the Department;
(4) Posting of the notice at the place where notices are customarily posted at the county courthouse of the county within which the proposed timber operations are to take place;
(5) Any other dissemination of the notice determined to be appropriate by the Director to provide participation in the hearing by the interested public.
(b) The notice of hearing shall include the following:
(1) The name of the person submitting the plan;
(2) Identification of the plan, including the CDF administration number of the plan, a brief description of the location of the timber operations referred to in the plan by reference to any commonly known landmarks in the area, and a brief description of the proposed timber operations:
(3) A statement that the SWRCB or DFG has appealed the Director's decision to approve the plan. A statement that the Board has granted a public hearing pursuant to PRC 4582.9. The notice shall also include a statement inviting the person submitting the plan and the public to make statements at the hearing regarding the basis of the appeal on the plan; and
(4) The time, date, and location of the public hearing.
Note: Authority cited: Section 4582.9, Public Resources Code . Reference: Section 4582.9, Public Resources Code.
s 1056.4. Head of Agency Appeal Hearing Procedures -Record.
The record before the Board upon completion of the public hearing shall be as follows:
(a) The THP, or Substantial Deviation.
(b) All reports, findings, communications, correspondence, and statements in the file of the Department relating to the plan at the time of approval.
(c) Arguments from the appealing agency, plan submitter, and the public related to the material in the record.
Note: Authority cited: Section 4582.9, Public Resources Code. Reference: Section 4582.9, Public Resources Code.
s 1056.5. Head of Agency Appeal Hearing Procedures -Sequence.
(a) The public hearing should normally proceed in the following manner:
(1) Identification of the record by CDF;
(2) Statements on behalf of the appealing agency;
(3) Statements on behalf of person submitting the plan;
(4) Statements of members of the public, including other interested agencies;
(5) Response on behalf of CDF "Chairman or designee"
(6) Motion to close public hearing;
(b) Notwithstanding the above, the chairman or designee may in the exercise of discretion, determine the order of the proceedings.
(c) The chairman may impose reasonable time limits upon statements and presentations and may accept written statements in lieu of oral statements.
(d) The public hearing shall be recorded either electronically or by other convenient means.
Note: Authority cited: Section 4582.9, Public Resources Code. Reference: Section 4582.9, Public Resources Code.
s 1056.6. Head of Agency Appeal Hearing Procedures -Order.
The Board has 10 days following the public hearing to determine whether, upon the record before it, the plan is in conformance with the rules and regulations of the Board, the provisions of the Act and all other applicable provisions of law, including the Timberland Productivity Act. If the Board determines that the plan is in conformance with the rules and regulations of the Board, theprovisions of the Act and other applicable laws, it shall make its order approving the plan within 10 days of conclusion of the hearing. If the Board determines that the plan is not in confomance with the regulations of the Board, the provisions of the Act, and other applicable laws, it shall make its order disapproving the plan within 10 days of conclusion of the hearing. Approval of the plan by the Board constitutes authorization that timber operations may commence upon filing of the order of approval with the Secretary of Resources. Operations shall be conducted in accordance with the plan as approved by CDF and in accordance with the rules and regulations of the Board and the provisions of the Act, and other applicable laws. Timber operations shall not take place where the Board disapproves the plan. Disapproval of a plan shall be without prejudice to the applicant submitting a plan at any later time complying with the rules and regulations of the Board and the provisions of the Act. The Board may set forth in the order of disapproval conditions under which it believes the plan would have been approved. Where the Board approves the plan, the order there of shall be filed with the Secretary of Resources within 10 working days of decision, such order of approval shall be transmitted to the plan submitter, CDF, and the appealing agency(ies), and for posting at the places referred to in section 1056.3. Their order of approval shall include written response to significant points raised in the appeal.
Note: Authority cited: Section 4582.9, Public Resources Code . Reference: Section 4582.9, Public Resources Code.
s 1057. Purpose of Regulations.
The regulations contained in this article govern procedures for request(s) for hearing(s) to the Board of Forestry and Fire Protection pursuant to Public Resources Code (PRC) s4601.2 concerning issuance of an administrative penalty by the Director of the Department of Forestry and Fire Protection.
Note: Authority cited: Sections 4551.5 and 4553, Public Resources Code. Reference: Section 11506, Government Code; and Sections 4601.1 and 4601.2, Public Resources Code.
s 1057.1. Filing of Petition and Notice of Defense/Request for Hearing.
Any person filing a petition to the Board pursuant to PRC s4601.2 concerning the issuance of an administrative penalty by the Director shall, within ten (10) days of service of the complaint and proposed order setting an administrative penalty, file a Notice of Defense/Request for Hearing with the Board requesting a hearing. The Notice of Defense/Request for Hearing shall be on the form set forth in Section 1057.5 of this article and shall supply the following information to the Board:
(a) Written statements, with supporting documentation, indicating specifically the basis for the petitioner's challenge of the Director's complaint and proposed order of administrative penalty;
(b) A written statement advising the Board of the name, address and telephone number of the petitioner's representative, if any.
Note: Authority cited: Sections 4551.5 and 4553, Public Resources Code. Reference: Section 11505 Government Code; and Sections 4601.1 and 4601.2, Public Resources Code.
s 1057.2. Failure to Request Hearing.
If the petitioner fails to file a Notice of Defense/Request for Hearing within the time period referenced in Section 1057.1 of this article, the Board shall adopt the Director's Complaint and Proposed Order without hearing.
Note: Authority cited: Sections 4551.5 and 4553, Public Resources Code. Reference: Section 11520(a), Government Code; and Sections 4601.1 and 4601.2, Public Resources Code.
s 1057.3. Hearing Procedures.
A hearing shall be conducted within 180 days of the date on which the petitioner was served with the complaint and proposed order provided a timely request for a hearing has been received. The Chairperson of the Board may delegate the conduct of the hearing to a committee of the Board, which shall be composed of at least three (3) members of the Board, or elect to utilize an Administrative Law Judge assigned in accordance with Government Code s11370.3. If the Chairperson delegates the matter to a committee of the Board, a majority of the committee members shall not have a financial interest in the forest products or range industry. The committee may exercise any power the Board may exercise in any action under this article.
If the matter is heard before the full Board or a committee of the Board, the Chairperson may elect to use an Administrative Law Judge or a representative from the Office of the Attorney General to preside over the hearing. If the matter is to be assigned to an Administrative Law Judge, the Chairperson shall indicate if the Administrative Law Judge is to provide a Proposed Decision for review by the Board, or, in the alternative, if the Decision of the Administrative Law Judge is final. In the event that the matter is delegated to an Administrative Law Judge, the proceedings shall be conducted in accordance with the provisions of Chapter 5 (commencing with s11500) of Part 1, Division 3, Title 2 of the Government Code.
Note: Authority cited: Sections 4551.5 and 4553, Public Resources Code. Reference: Section 11512 et seq. Government Code; and Sections 4601.1 and 4601.2, Public Resources Code.
s 1057.4. Administrative Record.
The Administrative Record shall consist of the following:
(a) the record developed and evidence submitted during the hearing before an Administrative Law Judge, including but not limited to the Proposed Decision and Findings of Fact, when the hearing was conducted before an Administrative Law Judge; or,
(b) the Complaint and Proposed Order from the Director, evidence submitted by the Director, evidence submitted on behalf of the petitioner, any other relevant evidence which, in the judgement of the Board, should be considered applicable, and testimony presented during the hearing on the petition if the hearing is conducted before the Board.
Note: Authority cited: Sections 4551.5 and 4553, Public Resources Code. Reference: Sections 4601.1 and 4601.2, Public Resources Code.
s 1057.5. Petition and Notice of Defense/Request for Hearing Form.
BEFORE THE BOARD OF FORESTRY AND FIRE PROTECTION FOR THE STATE OF CALIFORNIA In
the Matter of: CDF Docket No.: NOTICE OF DEFENSE; REQUEST FOR HEARING
RESPONDENT.
I, the undersigned and respondent named in this proceeding, hereby acknowledge receipt of a copy of the Complaint and Proposed Order against me.
I hereby request a hearing in this proceeding to permit me to present my defense to the allegations contained in the Statement of Issues. Dated: __________ Signed __________ __________ __________ __________ __________
__________(or attorney for respondent)
Note: Authority cited: Sections 4551.5 and 4553, Public Resources Code. Reference: Section 11517, Government Code; and Sections 4601.1 and 4601.2, Public Resources Code.
s 1058. Hearing Procedures -Notice.
If the Board or committee of the Board holds a hearing on the matter, the following shall apply:
(a) At least twenty (20) days prior to the hearing, the Board shall give public notice as follows:
(1) Mailing or delivering by personal service the notice to the petitioner;
(2) Mailing or delivering by personal service the notice to the Director;
(3) Mailing the notice to any person who requests notice of the petition or hearing; and (continued)