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(continued)
(4) Mailing the notice to the Board's regular mailing list.
(b) The Notice of the hearing shall include:
(1) The name of the petitioner;
(2) A statement describing the basis for the action;
(3) The amount of the administrative penalty petitioned; and
(4) The date, time, and location of the hearing.

Note: Authority cited: Sections 4551.5 and 4553, Public Resources Code. Reference: Section 11509, Government Code; and Sections 4601.1 and 4601.2, Public Resources Code.






s 1058.1. Hearing Procedures-Recording and Transcription.
Hearings conducted under the procedures of this article shall be electronically recorded by the Board. Cost of transcription or reproduction of the electronic recording, if requested shall be borne by the party making such request.

Note: Authority cited: Sections 4551.5 and 4553, Public Resources Code. Reference: Section 11512(d), Government Code; and Sections 4601.1 and 4601.2, Public Resources Code.






s 1058.2. Hearing Procedures-Use of Board Hearing Procedure and Sequence.
(a) The Board shall conduct the petition hearing under this article in accordance with the provisions of Chapter 5 (commencing with s11500) of Part 1, Division 3, Title 2 of the Government Code. The hearing procedure is intended to satisfy due process and public policy requirements in a manner that is simpler and more expeditious than hearing procedures otherwise required by statute.
(b) The hearing shall normally proceed in the following manner:
(1) Identification of any written material submitted to the Board prior to the hearing;
(2) Statements on behalf of the petitioner and submission of evidence;
(3) Cross Examination of petitioner's statements;
(4) Statements on behalf of the Director and submission of evidence;
(5) Cross Examination of Director's statements;
(6) Rebuttal on behalf of the petitioner;
(7) Rebuttal on behalf of the Director;
(8) Closing statements on behalf of petitioner and Director;
(9) Motion to close the hearing.
(c) Notwithstanding the above, the Chairperson or the Chairperson's designee (Board member) for the purposes of conducting the hearing may, in the exercise of discretion, determine the order of the proceedings.
(d) The Chairperson or the Chairperson's designee (Board member) shall have the authority to impose reasonable and equitable time limits upon statements and presentations and to accept written statements in lieu of oral statements. Any written statements shall be submitted to the Board at least ten days prior to the hearing.

Note: Authority cited: Sections 4551.5 and 4553, Public Resources Code. Reference: Section 11512(d), Government Code; and Sections 4601.1 and 4601.2, Public Resources Code.






s 1058.3. Hearing Procedures-Determination.
(a) Following the hearing, the Board shall determine:
(1) Whether the alleged violations cited in the Director's Proposed Order are supported by substantial evidence in light of the whole record (as defined in section 1057.4) before it; and
(2) Whether to affirm, modify, or set aside, in whole or in part, the administrative penalty issued by the Director.
(b) The Board shall issue its own written order upholding its determination within forty-five (45) days of the close of the hearing.
(c) Notification of the Board's determination shall be made by certified mail or personal service to the petitioner and the Director within fifteen (15) days following the regular business meeting of the Board at which the decision is made.

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 1058.4. Review of Proposed Decision and Findings of Fact.
If the Board Chairperson has assigned the hearing to an Administrative Law Judge and requested a Proposed Decision and Findings of Fact, the Board shall set on their agenda a review and discussion of the Proposed Decision and Findings of Fact at its next regularly scheduled meeting, where a quorum is present, following the receipt of the Proposed Decision and Findings of Fact from the Office of Administrative Hearings. Public notice of the agenda item shall be provided to those persons listed in section 1058 not less than ten (10) days prior to the Board meeting.

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 1058.5. Determination.
The adoption, rejection or modification of the Proposed Decision, including the various procedural requirements and notifications, shall follow the process set forth in Chapter 5 (commencing with section 11500) of Part 1, Division 3, Title 2 of the Government Code, except that the Board shall make a written determination within forty-five (45) days of the date the Board first considered the proposed decision unless hearing transcripts are requested. If the Board orders transcripts of the proceedings before the Administrative Law Judge, the Board shall make a written determination within sixty (60) days of the receipt of those transcripts.

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 1059. Infractions.
(a) Pursuant to PRC 4601.4(b), these rules are procedural in nature, the violation of which does not result in or cause environmental damage. The rule list consists of 14 CCR Sections 915.4, 935.4, 955.4; 918.1, 938.1, 958.1; 924.1; 925.2; 925.4; 926.2; 926.3; 926.23; 927.2; 927.14; 928.2; 929.1, 949.1, 969.1; 1029; 1032.7; 1032.10; 1034; 1035.2; 1035.3(d); 1038.2; 1042; 1051.1; 1052(a); 1075; 1080.4; 1090.2; 1090.5; 1090.7; 1090.11; 1090.12(c); 1090.13; 1090.26; 1091.4; 1092.04(d); 1092.07; 1092.09; 1092.13; 1092.14(d); 1092.15; 1104.1(a)(1); 1105, 1106.1; 1106.3(a).
(b) Infractions shall not be prosecuted if they are corrected within 10 working days of issuance of notification of the violation. Notification and response must be by certified mail. Date of certification identifies date of notification and response.

Note: Authority cited: Sections 4551, 4551.5, 4553 and 4601.4, Public Resources Code. Reference: Section 4601.4, Public Resources Code.






s 1060. Site Classification.
The site classification system of productive potential of timberland for administration of the Act and rules thereunder is set forth in the table hereinafter:
TIMBER SITE CLASSIFICATION TABLE

Ponderosa Pine
Young Growth Jeffery Pine,
Mixed
Redwood [FN1] Douglas fir Conifer & True
[FN2] Fir [FN3]
______________________________________________________________________________
Site
Class Site Index [FN4] Site Index [FN4] Site Index [FN4] Site Index [FN5]
feet @ meters @ feet @ meters @ feet @ meters @ feet @ meters @
100 100 yrs. 100 100 yrs. 100 100 yrs 300 yrs 300 yrs.
yrs. yrs. yrs.
I 180 or 54.86 or 194 or 59.12 or 114 or 35.11 or 163 or 49.68 or
more more more more more more more more
II 155-1- 47.24- 164-1- 49.99- 93-113 28.35- 138-162 42.06-
79 93
54.56 58.83 34.44 49.38
III 130-1- 39.62- 134-1- 40.84- 75-92 22.86- 113-137 24.44-
54 63
46.94 49.68 28.04 41.76
IV 105-1- 32.00- 103-1- 31.39- 60-74 18.29- 88-112 26.82-
29 33
39.32 40.54 22.56 34.14
V Less Less Less Less Less Less Less Less than
than than than than than than than
105 32.00 103 31.39 60 18.29 88 26.82
______________________________________________________________________________
FN1 Lindquist, James L., and Marshall N. Palley. Empirical yield tables for
young-growth redwood, Calif. Agri. Exp. Stn. Bull. 796, 47 pp. 1963 (Site
index based on average height of dominant trees at breast height age of 100
years). Use in young growth redwood stands in which more than 20% of the
stand by basal area is redwood and when sufficient dominant redwood trees are
available to determine site index.
FN2 McArdle, Richard E., and Walter H. Meyer. The yield of Douglas fir in the
Pacific Northwest. USDA Tech. Bull. 201, 74 pp. Rev. 1961. Adjusted to
average height of dominant trees after Forest Research Note No. 44, Pacific
Northwest Forest and Range Experiment Station, by Forest Survey, Calif.
Forest and Range Exp. Stn. 1948 (Site index based on average height of
dominant trees at age 100 years). Use in young growth redwood stands in which
20% or less of the stand by basal area is redwood or when sufficient dominant
redwood trees are not available to determine site index. Use also in old
growth redwood stands. In such cases, measure Douglas-fir trees for
determining site index. Also use for Sitka spruce, grand fir, hemlock, bishop
pine, and Monterey pine stands.
FN3 Dunning, Duncan. A site classification for the mixed-conifer selection
forests of the Sierra Nevada. USDA Forest Serv. Calif. Forest and Range Exp.
Stn. For. Res. Note 28, 21 pp. 1942 (Site index based on average height of
dominant trees at age 100 and 300 years). Use also for lodgepole pine stands.
For old growth stands use height of dominants at age 300 years.
FN4 Average total height in feet and meters of dominant trees at 100 years of
age.
FN5 Average total height in feet and meters of dominant trees at 300 years of
age.


Note: Authority cited for Article 4 (Section 1060): Sections 4528(d) and 4551, Public Resources Code. Reference: Section 4528(b), Public Resources Code.






s 1070. Stocking Sampling.
The objective of this article is to describe the stocking sampling procedures that the timber owner or his agent shall use todetermine if the stocking standards of the Act and rules have been met following the completion of a timber operation.

Note: Authority cited: Sections 4551 and 4587, Public Resources Code. Reference: Sections 4512 and 4513, Public ResourcesCode.






s 1071. Minimum Stocking Standards.
Within five years after the completion of timber operations or as otherwise specified in the rules, a report of stocking on the entire area logged under the plan and shown on a revised map shall be filed with the Director by the timber owner or the agent thereof. If stocking is required to be met upon completion of timber operations the stocking report shall be submitted within six months of the completion of operations.
The minimum acceptable stocking standards on logged areas which were acceptably stocked prior to harvest are those specified in the Coast, Northern and Southern Forest District rules. If not otherwise specified, the following minimum standards apply:
(a) On Site I timberlands as defined by the Board, the average residual basal area, measured in stems one inch or larger in diameter shall be at least 85 square feet per acre; or on Site II or lower shall be at least 50 square feet per acre; or
(b) The area contains an average point count of 300 per acre on Site I, II, and III lands or 150 on Site IV and V lands as specified in PRC 4561.
See 14 CCR 912.7, 932.7 and 952.7 for information for the point count values of various size trees and for determining how sprouts will be counted toward meeting stocking requirements.

Note: Authority cited: Sections 4551 and 4561.1, Public Resources Code. Reference: Sections 4561 and 43561.1, Public Resources Code.






s 1072. Stocking Sampling Procedures.
The procedures set forth in this article shall be adhered to when sampling for stocking. More than one procedure for sampling may be used on plans where more than one regeneration method or intermediate treatment is used in the timber operations.
The sampling procedures are divided into the following categories:
(a) Basal Area Stocking Sampling Procedure. This procedure shall be used where it is necessary to determine whether the specific basal area standards for such situations as the selection and shelterwood (preparatory steps) regeneration methods and commercial thinning intermediate treatment have been met.
(b) Point Count Stocking Sampling Procedure. This procedure shall be used where it is necessary to determine whether specific point count standards must be met. For example, the procedure can be used for the clearcut and seed tree regeneration methods.
(c) Combination Stocking Sampling Procedure. This procedure shall be used where stocking standards can be met using either basal area or point count, such as for the sanitation-salvage intermediate treatment, alternative prescriptions, or where exceptions to the stocking standards have been provided for in the rules and are specified in the plan.
(d) Waiver Request Procedure. This procedure may be used to request from the Director a waiver of sampling procedures provided in 14 CCR 1072(a), (b), or (c) where, based upon an RPF's, an RPF supervised designee's, or owner of timberland's inspection, he/she has determined that the stocking requirements of the Act and rules have obviously been met.

Note: Authority cited: Sections 4551 and 4587, Public Resources Code. Reference: Sections 4561 and 4587, Public Resources Code.






s 1072.1. Number of Plots Required.
There shall be at least one plot per acre, with a minimum of 20 plots, for each timber operating area sampled. The timber owner or his/her agent is encouraged, in lieu of sampling the entire logged area or area being sampled, to delineate by ocular estimate the least stocked 40 acres (16.187 ha) of the logged area or area being sampled and sample this area to determine if it is acceptably stocked. If the least stocked area sampled is determined to be acceptably stocked in accordance with these regulations, the entire logged area, or area being sampled, shall be assumed to be acceptably stocked. If the area sampled is not acceptably stocked the area sampled shall be regenerated to bring it into conformance and the remainder of the logged area shall be sampled, or the next least stocked 40 acres (16.187 ha) shall be sampled to determine whether the rest of the logged area is acceptably stocked.
The Director, in making the stocking inspection specified in PRC 4588 may, independent of the sample specified in the Report of Stocking, sample what he determines is the least stocked 40 acres (16.187 ha) of the logged area to determine if the area is stocked.

Note: Authority cited: Sections 4551, 4561 and 4587, Public Resources Code. Reference: Sections 4561, 4587 and 4588, Public Resources Code.






s 1072.2. Plot Layout.
Plots shall be placed on the area being sampled in a uniform grid. The grid shall be considered uniform if the distance between lines does not exceed by two and one half times the distance between plots on the lines.
The starting point of each plot line shall be referenced to a survey corner if convenient or to a suitable, readily locatable permanent landmark and shall be indicated in the Report of Stocking and flagged in the field. The compass bearings shall be recorded in the Report of Stocking.

Note: Authority cited: Sections 4551, 4561 and 4587, Public Resources Code. Reference: Sections 4561 and 4587, Public Resources Code.






s 1072.3. Equipment.
The following equipment and methods for measuring distance are acceptable when basal area, point count, or combination stocking sampling procedures are used. Hand compass and pacing may be used for locating plot centers. A measuring tape or other calibrated measuring device shall be used for determining the radius of plots. For basal area and combination stocking sample procedures, an angle-gauge, wedge prism, or other device capable of measuring ocularly a predetermined angle (to determine basal area) will normally be needed.

Note: Authority cited: Sections 4551 and 4587, Public Resources Code. Reference: Section 4587, Public Resources Code.






s 1072.4. Exclusions.
Roads and landings that will not be regenerated, meadows, wet areas, rocky areas, and areas not normally bearing timber shall not be used as plot centers for sampling purposes. Stream protection zones may be excluded from the sample where stocking cannot be achieved due to legal restrictions on regenerating the zone and it is explained in the stocking report. Notwithstanding the provisions of 14 CAC 1072.2, a random right/left offset from the plot center may be used. Alternatively the plot may be treated as an unstocked plot for purposes of determining acceptable stocking. The reason for the offset shall be stated in the stocking report.
Offsets shall be in one-half chain (33 feet) (10.06 m) intervals at a right angle to the plot line with a maximum distance of 1.5 chains (99 feet) (30.19 m) allowed. The direction and distance of the offset, if any, shall be noted on the plot sheet.

Note: Authority cited: Sections 4551, 4561 and 4587, Public Resources Code. Reference: Sections 4561 and 4587, Public Resources Code.






s 1072.5. Basal Area Stocking Sampling Procedure.
The silvicultural rules of each forest district and the Act contain basal stocking standards to be met following the completion of a timber operation. The following procedure shall be used to determine if these stocking standards have been met: One or more basal area factors suitable for determining stocking shall be used. The same basal area factor shall be used on all of the plots on a sampling area. A countable tree for basal area is described in PRC 4528. If each plot has a minimum basal area equal to or greater than that specified in 1071(a), or as required by the rules if different, then the plot shall be counted as stocked.

Note: Authority cited: Sections 4551 and 4587, Public Resources Code. Reference: Section 4587, Public Resources Code.






s 1072.6. Point Count Stocking Sampling Procedure.
The silvicultural rules of each forest district and the Act contain point count stocking standards to be met following the completion of a timber operation. The following procedure shall be used to determine if these stocking standards have been met.
Since there are separate values for three different size classes, three circular concentric plots may be needed at each plot center. The following standards are for a 300 point count.
(a) For trees counted as one point each, a plot with a 6.80 foot radius is used (1/300th of an acre). If a countable tree of a value of at least one point is found in the plot, it is stocked, so recorded, and the timber owner or agent thereof moves on to the next plot center. If no countable tree is found, the next concentric plot is measured.
(b) For trees counted as three points each, a plot with a 11.78 foot radius is used (1/100th of an acre). If a countable tree of a value of at least three points is found in the plot, it is stocked, so recorded, and the timber owner or the agent thereof moves on to the next plot center. If no countable tree is found, the next larger concentric plot is measured.
(c) For trees counted as six points each, a plot with a 16.65 foot radius is used (1/50th of an acre). If a countable tree of a value of at least six points is found in the plot, it is stocked. If no countable trees of the required sizes are found in the three concentric plots, the plot center is recorded as being unstocked and the timber owner or agent thereof moves on to the next plot center. For point counts of 450 per acre, the three concentric circular plot radius sizes are: 5.55 feet (1/450th of an acre), 9.61 feet (1/150th of an acre), and 13.6 feet ( 1 /75th of an acre). For point counts of 150 per acre, the three concentric circular plot radius sizes are: 9.61 feet (1/150th of an acre), 16.65 feet (1/50th of an acre), 23.55 feet (1/25th of an acre).
The point count values of various size trees and for determining how sprouts will be counted is found in 14 CAC 912.7, 932.7 and 952.7.

Note: Authority cited: Sections 4551 and 4587, Public Resources Code. Reference: Section 4587, Public Resources Code.






s 1072.7. Combination Stocking Sampling Procedure.
The procedure is used where the silvicultural rules of each forest district and the Act allow the stocking standards to be met through combination of point count and basal area. The following procedure shall be used to determine if these stocking standards have been met: At each plot center the timber owner or agent thereof shall check for either basal area or countable trees. The same basal area factor shall be used on all plots in the sample. If the plot is not stocked with countable trees as specified in 14 CAC 1072.5, it shall be necessary to sample for countable trees as specified in 14CAC 1072.6.

Note: Authority cited: Sections 4551 and 4587, Public Resources Code. Reference: Section 4587, Public Resources Code.






s 1073. Unacceptable Results.
(a) No more than five (5) unstocked plots shall be contiguous to each other. A contiguous unstocked plot is any plot within the rectangle constructed around the two adjacent plots on the same line and the three plots adjacent to them on the two nearest lines. See Figure 1073(a).
An unstocked plot shall not be counted as contiguous to another unstocked plot if any of the following occur:
(1) Where, in use of the point count or combination stocking sampling procedure, an unstocked plot has a countable tree located in the largest circular concentric plot described in the procedure.
(2) Where the forest practice rules allow only the basal area sampling procedure to be used, the continuity of the six contiguous plots may be considered broken if one or more of the contiguous unstocked plots meets the minimum stocking standards of the Act.
(b) If there are more than five (5) unstocked plots contiguous to each other, the sample shall be assumed to be understocked except where application of the following gives a number of less than six (6).
(CUP) x (SA)/(NPS) - (SIP) x (0.5) x (SA)/(NPS) is less than 6
CUP -Number of contiguous unstocked plots
SA -Acres in sample area
SIP -Number of stocked intermediate plots
NPS -Number of plots in sample, excluding intermediate plots. An intermediate plot is a plot placed halfway between two unstocked plots in the sample.
Figure 1073(a) Example of the rectangle enclosing contiguous plots

(c) If less than 55% of the plots are stocked when using the basal area, point count, or combination stocking sampling procedures, it is assumed that the area being sampled is understocked. The timber owner or agent thereof shall delineate the understocked areas in the report of stocking. If the timber owner or the agent thereof still believes the area to be stocked, another sample may be run. The second sample shall be laid out in the same manner as the first sample, with the additional plots lying halfway between the initial plot lines. For statistical analysis, the two samples shall be combined and analyzed together.

Note: Authority cited: Sections 4551, 4561 and 4587, Public Resources Code. Reference: Sections 4561 and 4587, Public Resources Code.






s 1074. Waiver Request.
The basal area, point count and combination stocking sampling procedures may be waived if the Director, and the owner of timberland or an RPF acting as agent for either the timber owner or owner of timberland, agree that the area is obviously stocked and each of the following conditions is fulfilled:
(a) A request for a waiver of sampling, if filed within five (5) years after completion of timber operations, or as otherwise specified in the Board's rules.
(b) The owner of timberland or an RPF states in the request for a waiver of sampling to the Director that he/she or that RPF's supervised designee has examined the plan area after completion of timber operations and believes those harvested areas for which a waiver of sampling is being requested obviously meet the stocking requirements of the Act and the applicable rules or regulations of the Board.

Note: Authority cited: Sections 4551 and 4587, Public Resources Code. Reference: Sections 4528 and 4561, Public Resources Code.






s 1074.1. Waiver Approval.
If the Director agrees that an area is obviously stocked, then the sampling procedures are waived. If the Director does not agree that the stocking requirements of the Act and applicable rules of the Board have been met, the following shall occur:
(a) The Director shall return the request for a waiver as unacceptable to the owner of timberland or the RPF making the request.
(b) The timber owner or an RPF acting as his/her agent shall use the point count, basal area, or combination stocking sampling procedure, as appropriate on the area, to determine if the stocking requirements of the Act and rules have been met. The results of this sampling shall be submitted to the Director.

Note: Authority cited: Sections 4551 and 4587, Public Resources Code. Reference: Sections 4561 and 4587, Public Resources Code.






s 1075. Report of Stocking.
A Report of Stocking on a form acceptable to the Director, certifying that the area logged does not meet or meets minimum stocking standards, shall be submitted by the timber owner or the agent thereof to the Director within five (5) years after completion of timber operations, or as otherwise specified in the rules. The report shall contain the following information:
(a) Name, address, and telephone number of timber owner(s) or agent thereof.
(b) The plan number.
(c) Name of person performing the stocking sampling.
(d) Map showing the sampling area, by sampling procedure, if more than one procedure is used; the plot locations indicating status as stocked or non-stocked.
(e The acreage of each sampling area.
(f) The number of plot centers installed by sampling procedure.
(g) The number of stocked plots by sampling procedure.
(h) Certification by the timber owner or agent thereof.
(i) Either the plot reference data specified in 14 CAC 1072.2 or direction as to where the plot reference can be obtained.
The timber owner or agent thereof who files the Report of Stocking shall maintain on file the detailed data on the stocking sampling until such times as a Report of Satisfactory Stocking is issued by the Director. This data shall be available for inspection by the director and subject to use in enforcement proceedings.

Note: Authority cited: Sections 4551 and 4587, Public Resources Code. Reference: Sections 4528, 4561 and 4587, Public Resources Code.






s 1080. Substantially Damaged Timberlands.

Note: Authority cited: Sections 4551, 4553 and 4561.6, Public Resources Code. Reference: Section 4561.6, Public Resources Code.






s 1080.1. Stocking Requirements for Substantially Damaged Timberlands.
(a) The stocking standards to be maintained or established where substantial damage has occurred prior to the start of timber operations, or where such damage has occurred following the start of timber operations but before a stocking report has been submitted or approved by the Director, are:
(1) On Sites III and better, the stocking shall consist of at least ten (10) countable trees planted for each live tree harvested during conduct of salvage operations following the substantial damage, but need not exceed an average point count of 300 per acre (741.3 per ha). The number of live trees harvested shall be determined by stump count or by an equivalent procedure proposed by the RPF and approved by the Department.
(2) Where only dead, down, or dying trees were salvage logged following the substantial damage, no restocking is required.
(3) No restocking requirements need be met on substantially damaged timberlands on Sites IV and V after timber operations.
(b) If stocking standards were met, but substantial damage occurred before a report of stocking was approved by the Director, a report of stocking may be submitted and approved as specified in 14 CAC 1080.4(a).

Note: Authority cited: Sections 4551, 4553 and 4561.6, Public Resources Code. Reference: Section 4561.6, Public Resources Code.






s 1080.2. Timber Harvesting Plans for Substantially Damaged Timberlands.
Where timber operations are to be conducted on any substantially damaged timberlands, they shall be designated and described in the Timber Harvesting Plan or the Emergency Notice of Timber Operations submitted to the Director.

Note: Authority cited: Sections 4551, 4553 and 4561.6, Public Resources Code. Reference: Sections 4561.6 and 4592, Public Resources Code.






s 1080.3. Stocking Distribution.
Any establishment of trees to meet the stocking requirement of 14 CAC 1080 shall be planned to ensure the most feasible utilization of suitable and available growing space and growing stock. The location, spacing, and site preparation measures to meet this requirement shall be described in the THP as shall also the area of timberland qualifying for the stocking standards set forth herein. No more than two restocking efforts shall be required provided that such efforts are accomplished in a good and workmanlike manner.

Note: Authority cited: Sections 4551, 4553 and 4561.6, Public Resources Code. Reference: Section 4561.6, Public Resources Code.






s 1080.4. Stocking Reports for Substantially Damaged Timberlands.
(a) In the event that timberland becomes substantially damaged before a stocking report is submitted to the Director, a report may be submitted by the timber owner or his agent stating that the area was adequately stocked prior to the occurrence of substantial damage . A report of stocking for substantially damaged timberlands shall be a certification to the Director by a timber owner or agent thereof that the stocking requirements of 14 CAC 1080.1(a) and (b) have been met.
(b) The Director shall issue a satisfactory report of stocking if it can be certified, based upon first-hand knowledge, that the area was adequately stocked prior to the destruction of stocking. The owner or agent may appeal the Director's denial of his certification to the Board.
(c) Should only a portion of the plan area be substantially damaged, separate stocking reports (one for the damaged area and one for the undamaged area) may be filed.

Note: Authority cited: Sections 4551, 4553 and 4561.6, Public Resources Code. Reference: Sections 4561.6 and 4588, Public Resources Code.






s 1080.5. Time Period to Meet Stocking Requirements.
The restocking effort required by 14 CAC 1080.1 shall be accomplished within 5 years after completion of timber operations for salvage or harvest of timber from substantially damaged timberlands unless a longer period of time is needed and is approved by the Board for a specified area.

Note: Authority cited: Sections 4551, 4553 and 4561.6, Public Resources Code. Reference: Section 4561.6, Public Resources Code.






s 1081. Understocked Timberland in Northern and Southern Forest Districts.

Note: Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4583, 4587 and 4588, Public Resources Code.






s 1081.1. Limitations.

Note: Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4561 and 4561.5, Public Resources Code.






s 1085. Stocking Standards for Substantially Damaged Timberlands.

Note: Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Section 4561.6, Public Resources Code.






s 1085.1. Substantially Damaged Timberlands.

Note: Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Section 4561.6, Public Resources Code.






s 1085.2. Stocking Requirements for Substantially Damaged Timberlands.






s 1085.3. Time Period to Meet Stocking Requirements.






s 1085.4. Stocking on Areas Previously Logged.






s 1085.5. Stocking Distribution and Stocking Reports.






s 1085.6. Plan Filing.






s 1090. Rule Application.
Where the abbreviation THP, the term Timber Harvesting Plan, or the word plan is used in chapter 4, subchapters 1 through 6 and chapter 4.5 it shall also mean Nonindustrial Timber Management Plan as specified in article 7.5 of the Public Resources Code. In subchapter 7 this equivalency will occur for all sections except 1031 through 1042.

Note: Authority cited: Stats 1989, Ch. 1290, Sec. 13, Section 4551, Public Resources Code. Reference: Sections 4593 and 4593.3, Public Resources Code.






s 1090.1. Timber Management Plan and Notice of Timber Operations Filing Locations.
The Nonindustrial Timber Management Plan (NTMP) or Notice of Timber Operations (Notice) for proposed timber operations provided for by Article 7.5, Chapter 8, Part 2, Division 4 of the Public Resources Code (commencing with section 4593) shall be submitted in writing to the Director and shall contain the information specified in 14 CCR 1090.5 at the Department of Forestry and Fire Protection Regional Office having jurisdiction for the timber operations.

Note: Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551, 4593.4, and 4593.5, Public Resources Code. Reference: Sections 4593 and 4593.5, Public Resources Code.






s 1090.2. NTMP Submittal and Notice of Preparation.
(a) A plan shall be submitted by the person who owns the timberland included in the plan.
(b) Where the timber is owned by parties other than the landowner, the landowner shall give prompt written notice of such plan to those parties.
(c) The plan submitter shall prepare and submit to the Director, with the plan, a Notice of Preparation to Harvest Timber (Notice of Preparation)
(1) if any proposed plan boundary lies within 300 feet of any property owned by any person other than the plan submitter, or
(2) with any plan amendment that changes a plan boundary so that the new boundary lies within 300 feet of any property owned by any person other than the plan submitter, or
(3) with any plan amendment that changes the silvicultural method if a Notice of Preparation was required for the plan by condition (1) or (2) above.
(d) A Notice of Preparation shall include the following information:
(1) The name of the plan submitter.
(2) The location of the plan area by county, section, township, and range, and the approximate direction and distance to the plan area from the nearest community or well-known landmark.
(3) The name of the nearest perennial blue line stream flowing through or downstream from the plan area.
(4) The acreage of the area to be included in the plan.
(5) The silvicultural method(s) proposed.
(6) The estimated earliest date that the Director may approve the plan.
(7 A statement that the public may review the plan at the specified Regional Office of the Department of Forestry and Fire Protection and a reasonable per page copy fee set by the Director for additional copies.
(e) The person submitting the plan shall furnish to the Department at the time of submission of the plan, a list of all persons, including their mailing addresses, who hold legal or equitable title to property within 300 feet of the plan boundary. Either a list compiled from the latest equalized assessment roll or a list provided by a title insurance company doing business in California shall be deemed sufficient for compliance with the subsection.
(f) The Department shall mail copies of the Notice of Preparation within 2 working days of receipt of the plan to all persons identified in (e) above.
(g) Prior to plan submission, the person submitting the plan shall post a copy of the Notice of Preparation at a conspicuous location that is easily visible to the public and near the plan site. Notwithstanding other Board rules, the notices required by Section 1032.10 of this article shall be completed prior to submission of the NTMP, and within counties with special rules, (14 CCR, Subchapter 4, Art. 13, commencing with section 924, and Subchapter 6, Art. 13, commencing with Section 965.) the noticing requirements will be the same as for a THP.

Note: Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551, 4593.4, 21080, and 21092, Public Resources Code. Reference: Sections 4551, 4593, and 4593.4, Public Resources Code.






s 1090.3. Notice of Preparation - Distribution by Director.
The Director shall distribute copies of each Notice of Preparation within 2 working days of receipt to:
(a) The Office of the County Clerk of the county in which operations are proposed for posting at the customary place for posting environmental affairs.
(b) The local Ranger Unit headquarters for posting.
(c) At such other locations as the Director may deem desirable and feasible to provide adequate public notice.
(d) Any additional distribution of the notice required by the rules of the Board for individual counties.

Note: Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551, 4593.4, and 21092, Public Resources Code. Reference: Sections 4551, 4593, and 4593.4, Public Resources Code.






s 1090.4. Request for Notification of NTMP or Notice of Timber Operations Submission.
(a) Each Regional Office of the Department of Forestry and Fire Protection shall maintain a list of NTMPs or Notice of Timber Operations submitted each day.
(b) When any person requests notice of submissions of timber management plans, the Director shall provide the person, free of charge, with a copy of the list of NTMPs or Notices of Timber Operations submitted on the date or dates requested. If no specific date is requested, a copy of the lists for the preceding week shall be provided.

Note: Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551 and 4593.4, Public Resources Code. Reference: Sections 4551, 4593 and 4593.4, 21080.5, 21081, and 21092, Public Resources Code.






s 1090.5. Contents of NTMP.
The plan shall serve three functions:
(1) to provide information the Director needs to determine whether the proposed NTMP conforms to the rules of the Board;
(2) to provide information and direction for timber management so it complies with the rules of the Board and the management objectives of the landowner; and
(3) to disclose the potential effects of timber management to the public. For the plan to serve these functions, it shall, as a minimum, contain the following information:
(a) Name, address, and telephone number of the timberland owner(s) or designated agent.
(b) Name, address, and telephone number of the timber owner(s) (If different).
(c) Name, address, telephone number, and registration number of RPF who prepared the plan.
(d) A description of the plan area within which timber operations are to be conducted. The description shall include the following:
(1) U.S. Geological Survey (USGS) Quadrangle name(s) and date(s),
(2) township, range, and section number(s),
(3) county name(s),
(4) CALWATER 2.2 planning watershed number(s), and
(5) approximate acreage.
(e) The forest district and subdistrict (if any) in which the NTMP is located.
(f) A description of present and proposed plan area uses other than timber production.
(g) A description by management units(s) of the timber stand characteristics including species composition, age classes, projected growth, present stocking level, present volume per acre, size class distribution, stand management history, and potential pest or protection problems. The description shall provide the basis for the information provided.
(h) A description by management unit(s) of the proposed management objectives, including a discussion of projected timber volumes and sizes available for timber harvesting, managed.
(i) A description by management unit(s) of proposed activities to achieve the management objectives. This must include
(1) projected frequencies of harvest,
(2) silvicultural prescriptions for harvesting,
(3) type of yarding systems to be used for each area,
(4) anticipated interim management activities which may result in rule compliance questions (i.e. erosion control maintenance).
(j) The period of time over which growth will be balanced with harvest.
(k) A description of any cultural or historical resources known to exist with a description of possible impacts and protection methods to be used during timber operations.
( l) Whether a timberland conversion certificate is in effect, its date of expiration, and its identification number.
(m) Whether a timber harvesting plan is on file with the Department for any part of the plan area and if a Report of Satisfactory Stocking has been issued by the Department (show plan number).
(n) Information on the presence and protection of any known key habitat or individuals of any threatened or endangered plant or animal species that are listed in the Department of Fish and Game inventories prepared pursuant to the Fish and Game Code or any species of special concern as designated by the Board in these rules.
(o) A description of potential impacts and protections for the quality and beneficial uses of waters within watercourses, lakes, and wet areas.
(p) A description of soils, surface erosion hazard, mass wasting erosion hazard, and erosion control measures.
(q) A description of the existing and proposed road system to be used in implementation of the management plan.
(r) A description of how the site preparation standards and stocking standards will be met.
(s) A description of the proposed yarding methods including protection of residual trees, watercourse crossings, operation on unstable areas.
(t) A description of slash treatment for site preparation, fire protection and pest protection consideration.
(u) A description of the cumulative effects analysis with supporting information, including impact of projected harvesting over the life of the plan.
(v) A copy of the forest practice regulations in effect at the time of submission.
(w) On a USGS quadrangle or equivalent topographical map of a scale not less than 2" to the mile, the following information shall be clearly provided. Additional maps may be required to show specific details, and may be planimetric. Color coding shall not be used. A legend shall be included indicating the meaning of the symbols used. See the district rules for the appropriate minimum mapping acreages.
(1) boundaries of management plan(s) and management unit(s).
(2) boundaries of regeneration methods, intermediate treatments, special harvesting methods, and alternative prescriptions that are to be applied.
(3) boundaries of yarding (logging) systems, if more than one system is to be used.
(4) location of public roads within the plan area, and private roads appurtenant to the timber operations where such roads are under the ownership or control of the timberland owner and are contiguous with the plan area, and classification of all proposed and existing logging roads as permanent, seasonal, or temporary roads.
(5) probable location of proposed and existing landings in the watercourse and lake protection zone, and landings outside the zone that are greater than 1/4 acre in size or whose construction involves substantial excavation.
(6) road failures on existing roads to be reconstructed.
(7) location of all existing and proposed permanent watercourse crossing drainage structures and temporary crossings on Class I and II watercourses on roads; if a permanent culvert is involved, its minimum diameter shall be provided.
(8) location of area(s) of high or extreme erosion hazard rating.
(9) location of all watercourses with Class I, II, III, or IV waters.
(10) location of known unstable areas or slides.
(11) location of understocked areas and other areas not normally bearing timber to at least a 20-acre minimum, or as specified in the district rules.
(12) location of boundaries of timber-site classes needed for determination of stocking standards to be applied, down to at least a 10- acre minimum or as specified in the district rules.
(13) location of unique areas including, Coastal Commission Special Treatment Areas or any special treatment area.
(14) A soils map where available.
(x) Any additional information that is submitted on separate pages shall be clearly marked "plan addendum" and shall bear the date on which it was prepared.
(y) Explanation and justification for, and specific measures to be used for, tractor operations on unstable areas, on slopes over 65%, and on areas where slopes average over 50% and the EHR is high or extreme.
(z) Explanation and justification for tractor operations in areas designated for cable yarding.
(aa) Winter period operating plan where appropriate.
(bb) Explanation and justification for use of watercourse, marshes, wet meadows, and other wet areas as landings, roads, or skid trails.
(cc) Explanation and justification of any in-lieu or alternative practices for watercourse and lake protection.
(dd) Explanation of alternatives to standard rules for harvesting and erosion control.
(ee) Explanation and justification for landings that exceed the maximum size specified in the rules.
(ff) Any other information required by the rules or the Act to be included in the plan. The district rules provide for exceptions and alternatives to standard requirements that require inclusion of information in the NTHP.
(gg) Where roads, watercourse crossings, and associated landings in the logging area will be abandoned, the methods for abandonment shall be described.
(hh) On a map complying with subsection 1090.6(x), the locations and classifications of roads, watercourse crossings, and landings to be abandoned shall be shown.
(ii) A certification by the RPF preparing the plan that he, she, or a designee personally inspected the area.

Note: Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551 and 4593.3, Public Resources Code. Reference: Sections 4593 and 4593.3, Public Resources Code.






s 1090.6. Notice of Timber Operations.
Following confirmation by the industrial tree farmer that all necessary field work is functional and useable (including, flagging or marking), the non-industrial tree farmer who owns, leases, or otherwise controls or operates on all or any portion of any timberland within the boundaries of an approved Nonindustrial Timber Management Plan shall submit a Notice of Timber Operations including the certification required by PRC 4594.6 to the appropriate office of the Department. Timber operations may commence immediately unless the notice has been filed by mailing, in which case operations may commence 3 days after the notice has been mailed.

Note: Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551 and 4594, Public Resources Code. Reference: Section 4594, Public Resources Code.






s 1090.7. Notice of Timber Operations Content.
The purpose of the Notice of Timber Operations is to provide guidance for implementation of the standards and protective measures in the approved NTMP or most recent amended NTMP and the applicable rules of the Board. For the Notice to serve these functions, it shall as a minimum, contain the following:
(a) Identification number of the NTMP
(b) The name and address and phone number of the timberland owner, the timber owner, the Registered Professional Forester, the Licensed Timber Operator and number, the person responsible for on the ground supervision of the timber operations.
(c) Expected dates of commencement and completion of timber operations.
(d) A legal description (Section, Township, Range) of the area of the NTMP on which timber operations will be conducted.
(e) Identification of silvicultural prescriptions to be applied.
(f) The type of heavy equipment to be used for yarding or road construction.
(g) A statement that no archeological sites have been discovered in the harvest area since the approval of the NTMP.
(h) A statement that no listed species has been discovered in the cumulative impacts assessment area since the approval of the NTMP.
(i) A statement that there have been no physical environmental changes in the cumulative impacts assessment area that are so significant as to require any amendment of the NTMP.
(j) Special provisions, if any, to protect any unique area within the area of timber operations.
(k) Instructions on felling, yarding, road construction or reconstructions, hauling, erosion control work, site preparation, erosion control maintenance, winter operations, watercourse protection measures and slash treatment.
(l) A certification by the RPF that the notice as submitted will carry out
(1) the best management practices for the protection of the beneficial uses of water, soil stability, forest productivity, and wildlife as required by the current rules of the Board, or
(2) is consistent with the plan and will not result in significant degradation of the beneficial uses of water, soil stability, forest productivity, or wildlife or be in violation of applicable legal requirements.
(m) A verification that the LTO has been briefed by the RPF on the content of the notice and intentions of implementation to comply with the management plan.
(n) On a USGS quadrangle or equivalent map of a scale not less than 2" to the mile, the following information pertinent to the Notice of Operations shall be clearly provided. Additional maps may be required to show specific details, and may be planimetric. Color coding shall not be used. A legend shall be included indicating the meaning of the symbols used. See the district rules for the appropriate minimum mapping acreages. (continued)