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(1) Boundaries of area to be harvested (quadrangle map or its equivalent).
(2) Boundaries of areas for specified regeneration methods, intermediate treatments, special harvesting methods, and alternative prescriptions that are to be applied.
(3) Boundaries of areas for specified yarding (logging) systems, if more than one system is to be used.
(4) Location of public roads within the Notice 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 Notice area, and classification of all proposed and existing logging roads as permanent, seasonal, or temporary roads.
(5) 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 watercourse crossings on logging and tractor roads; if a permanent culvert is involved, its minimum diameter shall be provided.
(8) Designate areas of high or extreme erosion hazard rating, if more than one.
(9) Location of watercourse with Class I, II, III or IV waters.
(10) Location of known unstable areas or slides.
(11) Location of unique areas.
(o) Any other information the Board provides by regulation to meet its rules and the standards of this chapter.
(p) A statement that the Notice of Timber Operations conforms to the provisions of the approved NTMP.
Note: Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551 and 4594, Public Resources Code. Reference: Section 4594, Public Resources Code.
s 1090.8. NTMP Professional Judgment.
Where the rules or these regulations provide for the exercise of professional judgment by the forester (RPF) or the Director, if there is a disagreement and if requested by either party, they shall confer on the NTMP area during the NTMP review inspection and reach agreement, if possible, on the conditions and standards to be included in the plan.
Note: Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Section 4551, Public Resources Code. Reference: Sections 4593, and 4593.7, Public Resources Code.
s 1090.9. Plan Submitter Responsibility.
The plan submitter, or successor in interest, shall:
(a) Ensure that an RPF conducts any activities which require an RPF.
(b) Provide the RPF preparing the plan or amendments with complete and correct information regarding pertinent legal rights to, interests in, and responsibilities for land, timber, and access as these affect the planning and conduct of timber operations.
(c) Sign the NTMP certifying knowledge of the plan contents and the requirements of this section.
(d) Within five (5) working days of change in RPF responsibilities for NTMP implementation or substitution of another RPF, file with the Director a notice which states the RPF's name and registration number, address, and subsequent responsibilities for any RPF required field work, amendment preparation, or operation supervision. Corporations need not file notification because the RPF of record on each document is the responsible person.
(e) Provide a copy of the approved NTMP and Notice of Timber Operations to the LTO.
(f) Notify the Director prior to commencement of site preparation operations. Receipt of a burning permit is sufficient notice.
(g) Provide the RPF preparing the Notice and LTO each a copy of the current NTMP and subsequent amendments.
Note: Authority Cited: Stats. 1989, Ch. 1290, Sec. 13, Section 4551, Public Resources Code. Reference: Sections 4593, 4593.3, and 4594, Public Resources Code.
s 1090.10. Registered Professional Forester Responsibility.
(a) Upon submission of a NTMP, the Registered Professional Forester (RPF) who prepares and signs a plan is responsible for the accuracy and completeness of its contents.
(b) The RPF preparing the plan shall:
1) inform the Director and landowner by phone or letter if he or she will be attending the review inspection; and
2) provide the landowner a copy of the rules of the Board in effect on the date of NTMP approval.
(c) The RPF preparing the Notice shall list or describe in the Notice any work which will be performed by the RPF Notice preparer or supervised designee. This may include, but is not limited to, field work in identifying watercourse and lake protection zones or special treatment areas, marking trees, or other activities. The RPF is only responsible for the activities required of the RPF by the rules of the Board and those activities for which he or she is employed.
(d) The RPF preparing the Notice shall, in writing, inform the plan submitter(s) of their responsibility pursuant to section 1090.10 of the article for compliance with the requirements of the Act and, where applicable, Board rules regarding site preparation, stocking, and maintenance of roads, landings, and erosion control facilities.
Note: Authority cited: Stats. 1989, Ch. 1290, Sec. 13, and Section 4551, Public Resources Code. Reference: Sections 4593, 4593.3, and 4594, Public Resources Code.
s 1090.11. Interaction Between RPF and LTO on Notice of Timber Operations.
From the start of the preparation of the Notice of Timber Operation preparation but before commencement of operations, the responsible RPF shall meet with either the LTO, or supervised designee, who will be on the ground and directly responsible for the harvesting operation. The meeting shall be on site if requested by either the RPF or LTO. If any amendment is incorporated to the notice by an RPF after the first meeting, that RPF or supervised designee shall comply with the intent of this section by explaining relevant changes to the LTO; if requested by either the RPF or LTO, another on-site meeting shall take place.
The intent of any such meeting is to assure that the LTO:
(a) Is advised of any sensitive on-site conditions requiring special care during operations.
(b) Is advised regarding the intent and applicable provisions of the approved plan including amendments.
Note: Authority cited: Stats. 1989, Ch. 1290, Sec. 13, and Section 4551, Public Resources Code. Reference: Sections 4593, 4593.3, and 4594, Public Resources Code.
s 1090.12. Licensed Timber Operator Responsibilities.
Each Licensed Timber Operator shall:
(a) Inform the responsible RPF and plan submitter, either in writing or orally, of any site conditions which in the LTO's opinion prevent implementation of the approved NTMP or Notice.
(b) Be responsible for the work of his or her employees and familiarize all employees with the intent and details of the operational and protection measures of the Notice and amendments that apply to their work.
(c) Keep a copy of the applicable approved Notice and amendments available for reference at the site of active timber operations.
(d) Comply with all provisions of the Act, Board rules and regulations, the applicable Notice and any approved amendments.
Note: Authority cited: Stats. 1989, Ch. 1290, Sec. 13, and Section 4551, Public Resources Code. Reference: Sections 4593, 4593.3, and 4594, Public Resources Code.
s 1090.13. Notification of Commencement of Operations.
For each Notice of Timber Operations submitted, within fifteen days before, and not later than the day of the start up of a timber operation, the Submitter of the Notice, unless the NTMP identifies another person as responsible, shall notify CDF of the start of timber operations.
The notification, by telephone or by mail, shall be directed to the appropriate CDF Ranger Unit Headquarters, Forest Practice Inspector, or other designated personnel.
Note: Authority cited: Stats. 1989, Ch. 1290, Sec. 13, and Section 4551, Public Resources Code. Reference: Sections 4593, 4593.3, and 4594, Public Resources Code.
s 1090.14. NTMP Deviations.
(a) "Minor deviations" means any change, minor in scope, in a plan which can reasonably be presumed not to make a significant change in the conduct of timber operations and which can reasonably be expected not to significantly adversely affect timberland productivity or values relating to soil, water quality, watershed, wildlife, fisheries, range and forage, recreation, and aesthetic enjoyment or to result in a violation of the applicable water quality control plan.
(b) All other changes are presumed to be substantial deviations which means they could significantly affect the conduct in timber operations and potentially could have a significant adverse effect on timber productivity or values relating to soil, water quality, watershed, wildlife, fisheries, range and forage, recreation, and aesthetic enjoyment.
Such actions include, but are not limited to:
(1) Change in location of timber harvesting operations or enlargement of the area or volume planned to be cut.
(2) Change in the silvicultural method and cutting system on any portion of the plan area.
(3) Change in type or location of logging (yarding) system or basic type of equipment.
(4) Change in location, nature or increase in length of proposed logging roads incorporating one or more of the following criteria:
(A) Any road in a Watercourse or Lake Protection Zone or where sidecast will extend into the Watercourse or Lake Protection Zone.
(B) Any road located in an extreme Erosion Hazard bating area.
(C) Any road where the average side slope exceeds 50%.
(D) Any road where unstable areas, active soil movement, or slide areas must be traversed.
(E) Any increase in gradient allowed by the District Rules as an exception and not provided for in the original plan.
(F) Any road extension of more than 600 feet (182.9 m).
(5) Any use of existing roads not shown in the original plan when reconstruction work to allow for vehicle travel will be substantial. Substantial work on an existing road means more than minor repair and dressing of the travel surface and removal of vegetation to allow vehicle passage.
(6) Use of any roads not shown in the plan which would affect the key habitat of rare or endangered species or other critical wildlife habitat.
(7) Enlargement of landings where such enlargement was not justified in the original plan.
(8) Any change of operation in, or designation of, the Watercourse or Lake Protection Zone.
(9) Any downgrading of Watercourse classification.
(10) A change to winter operation where summer operations was previously specified.
Note: Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551 and 4593, Public Resources Code. Reference: Sections 4593, 4593.8 and 4593.9, Public Resources Code.
s 1090.16. Notice NTMP of Filing.
(a) The Director shall prepare a notice of filing which shall contain the basic information contained in the Notice of Preparation (14 CCR 1090.2) plus the assigned timber management plan number.
(b) Within 2 working days of the date the plan is filed, the Director shall transmit copies of the Notice of Filing to:
(1) The person submitting the plan.
(2) The office of the County Clerk of the county in which the operations are proposed. The notice shall be posted at the normal place for posting environmental notices.
(3) The local Ranger Unit headquarters for posting.
(4) At such other locations as the Director may deem desirable and feasible to provide adequate public notice.
(5) All public agencies having custodial responsibility for lands within 300 feet of the NTMP boundary.
(6) Any person requesting in writing a copy of the notice.
Note: Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551, and 4593.7, Public Resources Code. Reference: Sections 4593, 4593.3, and 4593.7, Public Resources Code.
s 1090.17. Agency and Public Review for the NTMP.
(a) Upon receipt of the filed plan in accordance with 14 CCR 1090.16 the Director shall place it, or a true copy thereof, in a file available for public inspection, and shall transmit a copy to the Department of Fish and Game, the Department of Conservation, Division of Mines and Geology, and to the appropriate California Regional Water Quality Control Board, the Department of Parks and Recreation, the county planning agency and, if the areas are within their jurisdiction, to the California Tahoe Regional Planning Agency and the California Coastal Commission and all other agencies having jurisdiction by law over natural resources affected by the plan.
(b) The Director shall also transmit a copy of any specific plan to any person who has made a written request therefore.
(c) The Department shall bill such persons for the cost of providing such copies and such monies shall be paid to the Department.
The Director shall invite written comments, and will consider these comments. All comments regarding plans shall be in writing and shall be addressed to the Director at the regional office where the plan is filed.
Note: Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551 and 4593.7, Public Resources Code. Reference: Sections 4593, 4593.4, and 4593.7, Public Resources Code.
s 1090.18. Director's Determination.
Note: Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551 and 4593.7, Public Resources Code. Reference: Sections 4593, 4593.4, and 4593.7, Public Resources Code.
s 1090.19. Review Teams to be Established to Review Timber Management Plan.
Interdisciplinary review teams shall be established by the Director to review plans and assist the Director in the evaluation of proposed timber management plan(s) and its impacts on the environment. The Review Team composition, function, tasks and procedures shall be the same as those described in 14 CCR 1037.5.
Note: Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551 and 4593.7, Public Resources Code. Reference: Sections 4593, 4593.4, and 4593.7, Public Resources Code.
s 1090.20. Nonconformance of NTMP.
If the Director determines that a plan is not in conformance with the rules of the Board the plan shall be returned in accordance with 14 CCR 1054. In addition, the Director shall state any changesand reasonable conditions that in the Director's professional judgment are needed to bring the plan into conformance with the applicable rules of the Board and offer to confer with the forester (RPF) in order to reach agreement on the conditions necessary to bring the plan into conformance.
Note: Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551 and 4593.7, Public Resources Code. Reference: Sections 4593, 4593.4, and 4593.7, Public Resources Code.
s 1090.21. Conformance of NTMP.
If the Director determines that the plan is in conformance with the rules of the Board, then the person submitting the plan shall be notified timber operations thereunder may only commence after submission of a Notice of Timber Operations as prescribed in 14 CCR 1090.7.
Note: Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551 and 4593.7, Public Resources Code. Reference: Sections 4593, 4593.4, and 4593.7, Public Resources Code.
s 1090.22. Notice of Conformance of the NTMP.
Within 10 working days of the date a plan is found in conformance, the Director shall transmit a notice thereof to the agencies and persons referred to in 14 CCR 1090.17 and for posting at the places named in 14 CCR 1090.16. A copy of the notice shall be filed with the Secretary for Resources. The notice of conformance shall include a written response of the Director to significant environmental points raised during the evaluation process.
Note: Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551 and 4593.7, Public Resources Code. Reference: Sections 4593, 4593.4, and 4593.7, Public Resources Code.
s 1090.23. Public Inspection.
Notices of Conformance, pursuant to 14 CCR 1090.22 and notices of approval by the Board, pursuant to 14 CCR 1054, shall be available for public inspection, and a list of such notices shall be posted on a weekly basis in the Office of the Resources Agency. Each such list shall remain posted for a period of 30 days.
Note: Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4593, 4593.4, and 4593.7, Public Resources Code. Reference: Sections 4593 and 4593.8, Public Resources Code.
s 1090.24. Amendment.
Amendments proposing substantial deviation from an original plan shall be submitted to the Director in writing by the person who submitted the original plan, or the successor in interest. Substantial deviations shall not be undertaken until such amendment has been filed and acted upon by the Director in the manner as required in article 6.5 of subchapter 6 of these rules for the original plan.
Note: Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551 and 4593.8, Public Resources Code. Reference: Sections 4593 and 4593.8, Public Resources Code.
s 1090.25. Report Minor Deviations.
Minor deviations may be undertaken by the person who submitted the NTMP or Notice without submission of an amendment to the plan and shall be reported immediately in writing to the Director.
Actions described in 14 CCR 1090.14 which are normally presumed to be substantial deviations may, in a given instance, be minor deviations. Actions listed as substantial deviations in 14 CCR 1090.14 but considered to be minor by the submitter, may be undertaken only if the person who submitted the plan submits the proposed deviation in writing to the Director for review and receives approval.
Approval shall be given if the Director determines that the proposed minor deviation conforms to the standards provided in 14 CCR 1090.14(a). The Director shall have 5 working days to act on the application. If the Director or the representative of the Director does not act within 5 working days of receipt of such a deviation, timber operations may commence pursuant to such amendment.
Note: Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551 and 4593.9, Public Resources Code. Reference: Sections 4593, 4593.8, and 4593.9, Public Resources Code.
s 1090.26. Change of Ownership.
Any change in ownership of land must be reported to the Director by the new landowner within 180 days of the date such change is recorded in the county where the property is located. Also, before the passage of title, it shall be responsibility of the seller to notify the purchaser of either the timber or timberland of their responsibility for compliance with the stocking standards of the Act and the rules of the Board of Forestry.
After a plan is found in conformance with the rules and regulations of the Board, the Director may file a Notice of Stocking Requirements on the property with the recorder of the county within which the plan is located if any area logged under a Notice of Timber Operations has not had a report of satisfactory stocking is issued by the Director.
Note: Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Sections 4551 and 4593.10, Public Resources Code. Reference: Sections 4593, 4593.4 and 4593.10, Public Resources Code.
s 1090.27. Cancellation of Plans.
All parties, who submitted plans or their successors, must sign the request to the Director for cancellation of a plan. Once cutting has commenced, the plan may not be canceled except as to lands not harvested.
Note: Authority cited: Stats. 1989, Ch. 1290, Sec. 13, Section 4551, Public Resources Code. Reference: Sections 4593, 4593.4, and 4593.7, Public Resources Code.
s 1091.1. Sustained Yield Plan.
(a) General. This Article establishes requirements applicable to Sustained Yield, watershed impacts, and fish and wildlife.
(b) Authority and Intent. This Article carries out the Legislature's direction that the Board adopt regulations to assure the continuous growing and harvesting of commercial forest tree species and to protect the soil, air, fish and wildlife, and water resources in accordance with the policies of the Forest Protection ACT (FPA). Those policies include creating and maintaining a system of timberland regulations and use which ensures that timberland productivity is maintained, enhanced and restored where feasible and the goal of maximum sustained production of high-quality timber products (MSP) is achieved while giving consideration to environmental and economic values. The Sustained Yield Plan (SYP) may be submitted at the option of the landowner and is intended to supplement the THP process by providing a means for addressing long-term issues of sustained timber production, and cumulative effects analysis which includes issues of fish and wildlife and watershed impacts on a large landscape basis.
In the interpretation and implementation of this Article, it is recognized that the accuracy of, and therefore the need for, detailed future projections becomes less as the time horizon lengthens. It is not the intent of this Article that speculation shall be promoted such that analyses shall be undertaken which would produce only marginally reliable results or that unneeded data would be gathered. Moreover, it is recognized that in certain cases, landowners, and particularly owners of smaller areas, may not have nor can be reasonably expected to obtain or project information which otherwise might be helpful. It is the intent of this Article that the requirements for informational or analytical support for a SYP shall be guided by the principles of practicality and reasonableness; no information or analysis shall be required which in the light of all applicable factors is not feasible. However, it is the intent of this Article that all potential adverse environmental impacts resulting from proposed harvesting be described, discussed and analyzed before such operations are allowed. Should such analysis not be included in the SYP, it must be contained in those THPs which rely on the SYP, including any impact discovered after the SYP is approved.
Note: Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5, 4561, 21003 and 21068.5, Public Resources Code.
s 1091.2. Relation to THPs.
If submitted, a SYP shall address issues of sustained timber production, watershed impacts and fish and wildlife by preparing an SYP for a Management Unit. The SYP shall not replace a THP. However, to the extent that sustained timber production, watershed impacts and fish and wildlife issues are addressed in the approved SYP, these issues shall be considered to be addressed in the THP; that is the THP may rely upon the SYP.
Note: Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5, 4561, 21003 and 21068.5, Public Resources Code.
s 1091.3. Definitions.
"Management Unit" means the part or parts of timberland ownership which are analyzed together as part of an SYP and may include areas outside of an ownership when addressing watershed and wildlife issues. The Management Unit shall be limited to one forest district. The landowner has the option of including within their management unit their entire ownership within the forest district and any areas outside the district that the Director agrees are part of a logical management unit, or they may divide the ownership into management units based on administrative, regulatory and ecological factors with concurrence from the Director. The Management Unit must include one or more planning watersheds, and may include associated resource assessment areas.
"Planning Horizon" means the 100 year period over which sustained timber production, watershed, and fish and wildlife effects shall be evaluated.
Note: Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5, 4561, 21003 and 21068.5, Public Resources Code.
s 1091.4. Sustained Yield Plan Contents.
(a) Contents of SYP. If a SYP is submitted, it shall be prepared under the supervision of and signed by an RPF and shall include the following information:
(1) Name and Address of timber and timberland owner.
(2) Ownership description and location, including legal descriptions and maps depicting the ownership and Management Units which shall be at a scale sufficient to allow the Director to determine the area covered by the SYP.
(3) Management objectives for resources addressed in the SYP, including timber products.
(4) General narrative description of the forest types, fish and wildlife habitats and watercourses and lakes.
(5) Descriptions of Management Units (e.g., planning watersheds or larger areas) and rationale for Management Unit selection.
(6) Identification and mapping of Planning watersheds classified as sensitive watersheds and description of the measures taken to protect resources within those watersheds.
Note: Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5, 4561, 21003 and 21068.5, Public Resources Code.
s 1091.45. Sustained Timber Production Assessment.
(a) Consistent with the protection of soil, water, air, fish and wildlife resources a SYP shall clearly demonstrate how the submitter will achieve maximum sustained production of high quality timber products while giving consideration to regional economic vitality and employment at planned harvest levels during the planning horizon. The average annual projected harvest over any rolling 10-year period, or over appropriately longer time periods for ownerships which project harvesting at intervals less frequently than once every 10 years, shall not exceed the long-term sustained yield estimate for a SYP submitter's ownership.
(b) Where a SYP is based upon data on file with the Director, such data shall be updated every 10 years. Proprietary information shall be treated consistent with PRC 21160.
(c) Each sustained timber production assessment shall include:
(1) A summary table of Wildlife Habitat Relationships compositions and stand structure types (WHR), or comparable stand structure types within forest vegetation types with their respective acreage. For an ownership's specific stand structure types, the RPF shall provide a written description of the stand structure and characteristics which define each type, and comparisons of those types to WHR typing. The WHR system, which is herein incorporated by reference, and its uses described in "Guide to the California Wildlife Habitat Relationships System," California Department of Fish and Game, March 1988.
(2) An estimate of the long-term sustained yield of the ownership stated in terms of board feet per year or cubic feet per year, or other reasonable measurement consistent with products chosen by the owner, and a description of how the estimate was reached. For ownerships that have not attained long-term sustained yield, the SYP shall estimate and justify the transition period necessary to achieve long-term sustained yield.
(3) A projection of growth and harvest for each WHR type or comparable stand structure type within forest vegetation type over each 10 year period in the planning horizon, and a description in narrative form of the accuracy and methodology used to estimate growth.
(4) A discussion of the accuracy of the inventory data for the management unit and/or ownership. Inventory data, models and growth and harvest projections utilized for harvest scheduling projections shall be available for confidential audits by reviewing agencies along with the basis for such data, including but not limited to the cruise design and sample plot data and statistical validity of such estimates. The SYP shall describe how the submitter will, over time, make reasonable progress to improve inventory estimates for the major WHR or vegetation types, with a goal of achieving standard errors that are no greater than 15 percent of their respective inventory estimates within the effective period of the SYP. The major WHR types include all tree-dominated habitats in size classes 4, 5, and 6 with canopy closure classes of S,P,M, and D.
(5) A description of the prescriptions applied to each stand type projected. A narrative discussion of the methods used to project inventory, growth and harvest and WHR type or comparable stand structures type.
(d) The use of Spreadsheet Assisted Resource Analysis (SARA) planning model, Cooperative Redwood Yield Project Timber Output Simulator (CRYPTOS), and California Conifer Timber Output Simulator (CACTOS) growth models and WHR types are encouraged in order to aid in the Departmental review.
Note: Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5, 4561, 21003 and 21068.5, Public Resources Code.
s 1091.5. Fish and Wildlife Assessment.
The following fish and wildlife issues shall be addressed in an SYP:
(a) Assessment Area. The area for the fish and wildlife impacts assessment shall be at least the Management Unit under the SYP and may include the entire ownership within a forest district. Areas outside the ownership may be included as necessary to assess the potential individual or cumulative effect of timber operations.
In areas with multiple ownerships, landowners may cooperate to establish a management unit and develop a fish and wildlife habitat assessment and management plan.
(b) Impacts to be addressed. The Assessment shall address threatened, endangered and sensitive species and other fish and wildlife species which timber operations could adversely impact, resulting in significant adverse individual or cumulative impacts. The Assessment shall address, as feasible, such species' habitat needs and the availability, shapes and distribution of habitats in relation to harvest schedule and growth projections and the impacts of harvesting on such habitats. The SYP shall discuss and include feasible measures planned to avoid or mitigate potentially significant adverse environmental effects on such fish and wildlife. The plan may also discuss positive effects of the timber or timberland owner's operations on fish and wildlife.
For the initial ten year period, maps by Management Unit showing significant changes to WHR types or stand structure types that are likely to result from projected timber operations shall be included. For the remaining periods within the planning horizon, type changes shall, at a minimum, be discussed in a narrative manner (including tabular analyses by management unit) and may include maps.
(c) Where significant impacts are identified and feasible mitigation is not available, a THP relying upon the SYP shall address these remaining impacts. Reasonable Mitigation considered but rejected as infeasible shall be identified.
Note: Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5, 4561, 21003 and 21068.5, Public Resources Code.
s 1091.6. Watershed Assessment and Planning.
The following watershed issues shall be addressed in an SYP:
(a) Assessment Area. The minimum assessment area shall be no less than a planning watershed. The assessment area may include multiple watersheds within a Management Unit, and areas outside the ownership may be included.
(b) Impacts Analysis and Mitigation. The Assessment shall include an analysis of potentially significant adverse impacts, including cumulative impacts, of the planned operations and other projects, on water quality, fisheries and aquatic wildlife.
(c) The SYP shall contain a description of the individual planning watersheds in sufficient detail to allow a review of the analysis of impacts.
(1) For all planning watersheds in the ownership within a forest district descriptions shall include as appropriate:
(A) Estimate of the stand structure type acreage and percent composition of the watershed by decade.
(B) General maps and descriptions of unstable areas and unstable soils known to the plan submitter to be actively or potentially discharging sediment, as well as those mapped by public agencies.
(2) For the initial ten year period, for all planning watersheds in which harvesting will take place, descriptions shall include as appropriate:
(A) Map of existing roads and approximate location and miles of proposed new, reconstructed and abandoned roads.
(B) Estimate of the SYP submitter's ownership acres of forest types to be harvested by silvicultural method and yarding method, and the location of submitter's approved and submitted THPs and presently projected future timber operations.
(C) A general description of areas known to be sensitive to ground disturbance and present sources of erosion.
(d) The SYP shall also discuss and include feasible measures planned to mitigate or avoid significant adverse impacts. Where significant impacts are identified and feasible mitigation is not available, a THP relying upon a SYP shall address these remaining impacts. The SYP submitter shall utilize any one or a combination of methods to assess adverse watershed impacts including but not limited to:
(1) Board of Forestry Technical Rule Addendum #2 (14 CCR 912.9, 932.9, 952.9).
(2) The use of a Cumulative Watershed Effects Analysis, including the Equivalent Roaded Area (ERA) method, for screening planning watersheds to determine whether watershed-specific thresholds of concern have been exceeded when appropriate.
(3) Other methods proposed in the SYP and approved by the Director.
(e) Multiple Ownerships. In areas with multiple ownerships, landowners may cooperate to establish a management unit and develop a watershed assessment.
Note: Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5, 4561, 21003 and 21068.5, Public Resources Code.
s 1091.7. Limitation on Information Requirements.
Where landowners do not cooperate to develop a watershed or fish and wildlife assessment, or where a management unit is adjacent to lands operated by landowners or timber owners who have not submitted a SYP, the information required of a SYP submitter regarding past, present and reasonably foreseeable probable future projects shall be limited to information regarding the same ownership, to matters of public record, readily available to the submitter and shall be guided by the principles of practicality and reasonableness. The sufficiency of the information provided in a SYP to evaluate environmental effects shall be judged in light of what is reasonably feasible and necessary.
Note: Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5, 4561, 21003 and 21068.5, Public Resources Code.
s 1091.8. Compliance and Effectiveness Evaluation.
The SYP shall include provisions for determining the compliance with and effectiveness of the measures adopted in the SYP to mitigate or avoid significant environmental effects. Such provisions may include evaluation by the SYP submitter and evaluation of affected areas with representative conditions. Progress reports shall be provided periodically to CDF at their request. Such evaluations shall be developed in consultation with the Director and appropriate review agencies.
Note: Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5, 4561, 21003 and 21068.5, Public Resources Code.
s 1091.9. SYP Effective Period.
The effective period of SYP shall be no more than ten years.
Note: Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Section 4551.3, Public Resources Code.
s 1091.10. Review of Sustained Yield Plan (SYP).
The Director shall review and approve or disapprove a SYP. The Director's determination shall be based on multi-disciplinary review used to determine whether the SYP satisfies the requirements of MSP and, in case of watershed and fisheries and wildlife issues, whether the SYP identifies potentially significant adverse impacts and includes feasible measures necessary to mitigate or avoid such impacts and is consistent with 14 CCR 897 (b). Where significant impacts are identified and feasible mitigation is not available, a THP relying upon the SYP shall address these remaining impacts. Reasonable Mitigation considered but rejected as infeasible shall be identified.
For purposes of Public Resources Code 4582.7 submission of a SYP shall be deemed to constitute agreement by the SYP submitter to extend the review and comment periods to the times specified in this article.
(a) Within 20 days of receipt of an SYP, the Director shall determine if the SYP is in proper order, and meets the informational requirements of the rules, and if so, the SYP shall be filed. If the SYP is not acceptable for filing the Director shall return the SYP with written specifications of the deficiencies.
Where the Director does not make this determination within 20 days the plan shall be deemed filed. Once the SYP is accepted for filing the Director shall have 45 days or a longer period as mutually agreed to by the submitter and the Director to review and determine if the SYP contains sufficient and complete information to permit further review by the public and other agencies. If it does not, the Director will communicate with the submitter with written specification of the deficiencies including any information necessary to review and analyze the SYP. When the submitter provides adequate written response to each of the deficiencies, the SYP will be scheduled for further review. The Director shall deny the SYP if the information is not provided or is insufficient.
Once the SYP is ready for public and agency review the Director shall schedule a date for the start of a 90 day or longer period as mutually agreed to by the submitter and the Director.
(b) The Director shall schedule the SYP for the 90 day review as the SYP is determined to be ready for further review while considering departmental workload.
(c) Public Notice of SYP.
The Director shall 15 days prior to the start of the 90 day scheduled review transmit notice to the public and agencies consistent with the noticing requirements of sections 1037.5 and 1037.1 b(1-5). The notice shall advise the public of the name of the submitter, geographic location of the SYP, where a copy of the SYP can be reviewed or obtained and when and where the public hearing will be held.
(d) Public Hearing.
The Director shall hold a public hearing on the SYP within 45 days form the start of the Public Review Period. The SYP submitter shall participate with the Director in that hearing.
(e) Determination Period.
At the end of the review and comment period the Director shall have 30 days to review public input, consider recommendations and mitigation measures of other public agencies, respond in writing to the issues raised and determine if the SYP is in conformance with the rules. Within this period, the Director shall make a determination of conformance.
(f) SYP Disapproval.
If the Director disapproves a SYP, the Director shall provide written reasons for disapproval that conform with section 1054.
Note: Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5, 4561, 21003 and 21068.5, Public Resources Code.
s 1091.11. Appeals.
Appeals of SYP's shall be the same as provided in the FPA for THPs. For Head of Agency Appeals, the appealing agency shall have 10 days from the Directors determination date to notify the Board of their intent to appeal. The other requirements of Section 1056(a) shall be submitted to the Board within 30 days after the Director's decision. The 30 days specified in section 1056.2 commence when the appeal statement meets the requirements of 1056(a).
Note: Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5, 4561, 21003 and 20168.5, Public Resources Code.
s 1091.12. Emergency Departures from SYP.
In the case of an Emergency as specified in the rules of the Board (14 CCR 1052.1), the SYP submitter shall notify the Director of such departure in writing and shall comply with Section 1091.13. This notice shall accompany any notice required by Section 1052 for cutting timber on an emergency basis. If an amendment to the SYP is required pursuant to Section 1091.13, it shall be filed within 20 days of the filing of the Emergency Notice. The SYP submitter shall comply with the Emergency Notice requirements.
Note: Authority cited:Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5, 4561, 21003 and 21068.5, Public Resources Code.
s 1091.13. Amendments.
Except under emergency circumstances, substantial deviations from the SYP shall not be undertaken in the THPs unless an amendment has been submitted to and approved by the Director following the same procedures as for approving an SYP initially. No THPs may be approved which rely upon a substantial deviation proposed in an amendment to a SYP until such a deviation is approved by the Director.
(a) Substantial Deviations. For purposes of the sustained timber production portion of any SYP, any deviation from the average harvesting projections in any ten-year period which exceeds ten percent, including a deviation caused by changes of ownership and catastrophic events, shall be considered a substantial deviation. For purposes of watershed and fish and wildlife issues, any deviation from the plan which could result in significant adverse effects to watershed or fish and wildlife values shall be considered a substantial deviation.
(b) Minor deviations shall be reported to the Director immediately in writing but shall not require amendment of the plan.
Note: Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5, 4561, 21003 and 21068.5, Public Resources Code.
s 1091.14. Timber Harvest Plans Submitted Within a SYP Management Unit.
Each timber harvest plan submitted for an area within an ownership subject to and relying upon an approved SYP shall demonstrate consistency with the SYP and reference the SYP in response to THP questions addressing subjects covered in the SYP. Each THP shall contain feasible mitigation included in the SYP to address identified impacts. Responses to significant environmental issues raised during THP review on subjects addressed in the SYP shall refer to the SYP. Where new issues or potentially significant adverse effects not addressed in the SYP exist, they shall be identified in the THP or a substantial or minor deviation shall be submitted for the SYP as appropriate. Additional feasible mitigation measures to address new issues identified shall be discussed and included in the THP or amendment.
Note: Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5, 4561, 21003 and 21068.5, Public Resources Code.
s 1092. Rule Application [Effective until 1-1-99].
(a) 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 PTHP. In Subchapter 7 this equivalency will occur for all sections except 1032 through 1042.
(b) Within 14 CCR Division 1.5, Chapter 4, Subchapters 4-6, Articles 2,3, 4,5,6,7,8,9,11,12,13 and 14, the operational (specific prescriptive) standards of the rules shall apply to all timber operations conducted under a PTHP. However, as necessary for site-specific project level management, alternate standards can be developed which provide equal or better protection to the resource which may be impacted. These alternate standards may only be accepted by the Director when the PTEIR provides an analysis demonstrating that implementation will result in impacts which are below the level of significant effect on the environment as defined in the State CEQA Guidelines (14 CCR 15382) and other applicable state laws.
(c) Where the PTEIR has adequately addressed an environmental impact, the PTHP need only include reference to the PTEIR provisions. Alternate standards may only be used in a PTHP where the analysis of potential impacts and mitigation's in the PTEIR is of such detail that a reasonable person could reach a conclusion that the resulting impacts would be less than significant.
(d) Within 14 CCR Division 1.5, Chapter 14, Subchapters 1, and 3-6, the planning (performance) standards which are to be incorporated into a THP under the functional equivalent process shall be addressed within the PTEIR to achieve the performance objectives set forth in the intent language of the regulation. The PTEIR shall demonstrate how resource protection set forth in the intent of the Act is provided for on the ownership or portion of ownership.
Note: Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4551 and 4553, Public Resources Code.
s 1092. Rule Application [Effective 1-1-99].
(a) 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 "PTHP". In Subchapter 7, this equivalency will occur for all sections except 1032 through 1042.
(b) Within 14 CCR Division 1.5, Chapter 4, Subchapters 4-6, Articles 2,3, 4,5,6,7,8,9,11,12,13, and 14, the operational (specific prescriptive) standards of the rules shall apply to all timber operations conducted under a PTHP. However, as necessary for site-specific project level management, alternate standards can be developed which provide equal or better protection to the resource which may be impacted. These alternate standards may only be accepted by the Director when the PTEIR provides an analysis demonstrating that implementation will result in impacts which are below the level of significant effect on the environment as defined in the State CEQA Guidelines (14 CCR 15382) and other applicable state laws.
(c) Where the PTEIR has adequately addressed an environmental impact, the PTHP need only include reference to the PTEIR provisions. Alternate standards may only be used in a PTHP where the analysis of potential impacts and mitigations in the PTEIR is of such detail that a reasonable person could reach a conclusion that the resulting impacts would be less than significant.
(d) Within 14 CCR Division 1.5, Chapter 4, Subchapters 1, and 3-6, the planning (performance) standards which are to be incorporated into a THP under the functional equivalent process shall be addressed within the PTEIR to achieve the performance objectives set forth in the intent language of the regulation. The PTEIR shall demonstrate how resource protection set forth in the intent of the Act is provided for on the area encompassed by the PTEIR.
Note: Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4551 and 4553, Public Resources Code.
s 1092.01. PTEIR and PTHP [Effective until 1-1-99].
(a) A Program Timber Harvesting Plan (PTHP) may be filed for ownerships where a PTEIR has been certified by the Director.
(b) The PTEIR shall assess impacts and provide mitigation for those on and off-site impacts resulting from timber operations involved with an ownership, or portion of an ownership. Use of the PTEIR establishes the need for a separate THP process which is provided in this Article. The PTHP relies upon the environmental analysis contained in the PTEIR. All PTHP's shall be accompanied by a checklist which will demonstrate that the proposed operations are within the scope of the PTEIR for the ownership. The PTHP fulfills the requirements of CEQA by being written within the scope of the analysis contained in the PTEIR. The PTHP also must meet the requirements of the Forest Practice Act and the rules of the board.
(c) The checklist which accompanies a PTHP must be developed in each PTEIR to address the site specific impacts and practices for each ownership or portion of an ownership. The checklist shall indicate mitigation to be applied in all areas of resource protection addressed in the PTEIR for individual and cumulative effects, including but not limited to air, wildlife, water, soil, recreation, hazard reduction, pest protection, noise, aesthetics, cultural resources, areas regulated by the board in Sections 4513, 4551, 4551.5, 4561, and 4581 of the Public Resources Code.
(d) Where a PTHP is found by the Director not to be within the scope of the PTEIR, the PTHP submitter has the following alternatives: 1) the PTHP may be modified to be within the scope of the PTEIR, 2) the PTHP may be withdrawn and submitted as a THP under the functional equivalent process, or 3) an addendum supplement or subsequent PTEIR may be prepared and certified which addresses any remaining impacts identified in the PTHP.
(e) A PTHP shall be limited to an area with reasonably similar timber geology, soil, topography, climate, and stream characteristics that would constitute a logical harvesting unit. A PTHP should be limited to that area on which timber operations normally will be completed in one 12-month period, but in no case shall it extend beyond 36 months after the PTHP is determined to be in conformance or otherwise becomes effective under PRC 4582.7. PTHPs shall be limited to lands within a particular forest district.
Note: Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4551 and 4553, Public Resources Code.
s 1092.01. PTEIR and PTHP [Effective 1-1-99].
(a) A Program Timber Harvesting Plan (PTHP) may be filed for ownerships where a PTEIR has been certified by the Director.
(b) The PTEIR shall assess impacts and provide mitigation for those on and off-site impacts resulting from timber operations involved with an ownership, portion of an ownership, or multiple ownerships. Use of the PTEIR establishes the need for a separate THP process which is provided in this Article. The PTHP relies upon the environmental analysis contained in the PTEIR. All PTHPs shall be accompanied by a checklist which will demonstrate that the proposed operations are within the scope of the PTEIR. The PTHP fulfills the requirements of CEQA by being written within the scope of the analysis contained in the PTEIR. The PTHP also must meet the requirements of the Forest Practice Act and the rules of the board. (continued)