Loading (50 kb)...'

(continued)
(c) The checklist which accompanies a PTHP must be developed in each PTEIR to address the site specific impacts and practices for each ownership, portion of an ownership, or multiple ownerships. 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has the following alternatives: 1) the PTHP may be modified to be within the scope of the PTEIR, 2) the PTHP may be withdrawn and submitted as a THP under the functional equivalent process, or 3) an addendum supplement or subsequent PTEIR may be prepared and certified which addresses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, unless an amendment to extend the effective period is submitted and accepted by the Department per PRC 4590(a)(1). PTHPs shall be limited to lands within a particular forest district.

Note: Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4551, 4553 and 4590(a)(1), Public Resources Code.






s 1092.02. Director's Guidance for Review of PTEIR.
In certifying the PTEIR and adopting the CEQA findings the Director shall certify that the timberland management described in the PTEIR will achieve the resource protection goals in PRC Sections 4513, 4551, 4561, and 4581 and any goals that may be required by CEQA.

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






s 1092.03. Program Timber Harvesting Plan Filing Locations.
The PTHP shall be submitted in writing to the Director at the appropriate Department of Forestry and Fire Protection offices listed in 14 CCR 1032.

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






s 1092.04. Program Timber Harvesting Plan (PTHP) Submittal.
(a) A PTHP shall be submitted by the person who owns, leases, contracts, or operates on timberland and plans to harvest timber for commercial purposes.
(b) Where the land or timber is owned or operated by parties other than the person executing the PTHP the person submitting the PTHP shall give prompt written notice of such PTHP to those parties.
(c) The RPF preparing the PTHP shall submit to the Director, with the PTHP, a copy of a Notice of Intent to Harvest: (1) if any proposed boundary lies within 300 feet of any property not owned by the timberland owner, or (2) any PTHP amendment that changes a PTHP boundary so that the new boundary lies within 300 ft. of property not owned by the timberland owner.
(d) A Notice of Intent shall include the following information:
(1) The names of the timberland owner, the RPF who prepared the PTHP, and the PTHP submitter.
(2) The location of the PTHP area by county, section, township, and range, and the approximate direction and distance to the PTHP area from the nearest community or well-known landmark.
(3) The name of and distance from the nearest perennial watercourse flowing through or downstream from the PTHP area.
(4) The acres proposed to be harvested.
(5) The regeneration methods and intermediate treatments to be used.
(6) The estimated earliest date that the Director may approve the PTHP. This is 15 days from receipt of the PTHP by the Department, except in counties for which rules and regulations have been adopted pursuant to Section 4516.5 and 4516.8 of the PRC where the earliest date the Director may approve the PTHP is 45 days after the receipt of the PTHP by the Department.
(7) A statement that the public may review the PTHP at the appropriate Regional Office of CDF and that a copy of the PTHP may be obtained from the Department upon payment of the applicable charge.
(8) A map which provides the approximate boundary of the PTHP area, a map legend, and a scale.
(9) A statement that questions or concerns regarding the specific PTHP should be directed to the appropriate CDF Region or Area Office.
(e) The RPF preparing the PTHP shall furnish to the Department at the time of submission of the PTHP the names and mailing addresses of all property owners within 300 ft. of the PTHP boundary. Either a list compiled from the latest equalized assessment roll or a list provided by a title company doing business in California compiled within 60 days of submission of the PTHP shall be deemed sufficient for compliance with the subsection.
(f) The Department shall mail copies of the Notice of Intent within two working days of receipt of the PTHP to all persons identified in (e) above.
(g) Before PTHP submission, the person submitting the PTHP shall post a copy of the Notice of Intent including a map as described in (d)(8) at a conspicuous location on the public road nearest the PTHP site. The Notice shall be on colored paper or identified with colored flagging so as to be easily visible to the public.
(h) A statement of whether there is a known overhead electric power line on the proposed plan area except lines from transformers to service panels.

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






s 1092.05. Notice of Intent Distribution.
The Director shall distribute copies of each Notice of Intent within two working days of receipt to:
(a) The office of the County Clerk of the county in which operations are proposed for posting at the customary place for posting environmental affairs.
(b) The local Ranger Unit headquarters for posting.
(c) At such other locations as the Director may deem desirable and feasible to provide adequate public notice.

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






s 1092.06. Request for Notification of PTHP Submission.
(a) Each Regional Office of the Department shall maintain a list of PTHPs submitted that month.
(b) When any person requests notice of submissions of PTHPs, the Director shall provide the person, free of charge, with a copy of the list of PTHPs submitted on the date or dates requested. If no specific date is requested, a copy of the list for the preceding month shall be provided.

Note: Authority cited: Sections 451, 4551.5, 4552 and 4582.4, Public Resources Code; and Section 14880, Government Code. Reference: Sections 4581, 4582, 4582.4, 21080.5, 21081 and 21092, Public Resources Code.






s 1092.07. Request for Information on Domestic Water Supplies.
The PTHP submitter shall provide notice by letter to all other landowners within 1,000 feet downstream of the PTHP boundary whose ownership adjoins or includes a Class I, II, or IV watercourse(s) which receives surface drainage from the proposed timber operations. The notice shall request that the PTHP submitter be advised of surface domestic water use from the watercourse, within the PTHP or within 1,000 feet downstream of the PTHP boundary. When required to notice by letter, the PTHP submitter shall also publish the notice one time in a newspaper of general circulation in the area affected by the proposed project. Such letter and publication shall notify the party of the proposed timber operation and describe its legal location and identify the name, if any, of the watercourse it may effect. The letter and publication shall request a response by the property owner within ten days of the post-marked date on the letter or the date of publication as appropriate. Copies of either notice, proof of service and publication, and any response shall be attached to the PTHP when submitted. If domestic use is noted, the PTHP shall contain mitigations necessary to protect domestic water use. The PTHP shall not be submitted until ten days after the above notification(s) have been done. The RPF may propose, with justification and explanation, an exemption to such notification requirements, and the Director may agree.

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






s 1092.08. Filing Date.
The filing date is the date on which the PTHP is found by the Director to be accurate, complete, and in proper order.

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






s 1092.09. PTHP Contents [Effective until 1-1-99].
The purpose of the PTHP is to provide guidance for implementation of the standards and protective measures in the certified PTEIR. For the PTHP to serve these functions it shall contain the following:
(a) Identification number of the PTEIR and where it can be reviewed;
(b) The name and address and phone number of the timberland owner, the timber owner, the RPF, the Licensed Timber Operator and license number and the person responsible for on the ground supervision of the timber operations. If the Licensed Timber Operator is not known at the time of plan submission, this information shall be provided prior to the start of timber operations.
(c) Expected dates of commencement and completion of timber operations.
(d) A legal description of the area of the PTHP on which timber operations will be conducted.
(e) Identification of silvicultural prescriptions to be applied.
(f) A confidential Archaeological Addendum as defined in 895.1 or a statement by the RPF that the PTHP has been surveyed in accord with current Forest Practice rules and no additional sites have been found.
(g) A statement that no significant adverse impacts would occur to any threatened, or endangered plant or animal species in the area of the PTHP.
(h) A statement that there have been no physical environmental changes in the PTHP area that are so significant as to require any addendum or supplement to the PTEIR;
(i) Special provisions, if any, to protect any unique area within the area of timber operations.
(j) A certification by the RPF that he or she or a supervised designee has personally inspected the PTHP area.
(k) A verification that the LTO has been briefed by the RPF or supervised designee on the contents and operational requirements of the PTHP prior to the start of timber operations.
(l) On a titled USGS quadrangle or equivalent topographic maps of a scale not less than 2 " to the mile, the information in subsections (1-5) shall be clearly shown. Additional maps, which may be topographic or planimetric may be used to provide the information required in other subsections or show specific details, to improve map clarity. The appurtenant roads referenced in subsection (5) may b shown on a map which may be planimetric with a scale as small as one-half inch equals one mile. Color coding shall not be used. A legend shall be included indicating the meaning of the symbols used. See the district rules for the appropriate minimum mapping acreage.
(1) Boundaries of the area to be harvested.
(2) Boundaries of areas for specified regeneration methods, intermediate treatments, special harvesting methods, and alternative prescriptions that are to be applied.
(3) Boundaries of the Site Class of timberlands within the PTHP area.
(4) Boundaries of areas for specified yarding (logging) systems, if more than one system is to be used;
(5) Location of public roads within the PTHP, and private roads appurtenant to the timber operations where such roads are under the ownership or control of the timber owner, timberland owner or timber operator, and classification of all proposed and existing logging roads as permanent, seasonal, or temporary roads.
(6) 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.
(7) Road failures on existing roads to be reconstructed.
(8) Location of all watercourse crossings of classified watercourses except temporary crossings of class III watercourses without flowing water during timber operations at that crossing.
(9) Location of erosion hazard rating areas, if more than one rating exists.
(10) Location of watercourse with Class I, II, III or IV waters.
(11) Location of known unstable areas or slides. Location of unique areas.
(m) Type of yarding (logging) systems and equipment to be used. Yarding systems will be placed in one or more of the following groups:
(1) Animal
(2) Tractor, skidder, forwarder
(3) Cable
(A) Ground-lead
(B) High-lead
(C) Skyline
(4) Balloon, helicopter
(5) Other, as explained in the PTHP
(n) A completed checklist from the certified PTEIR shall be attached to the PTHP and shall contain a listing of the practices which deviate from standard operational rules of the Board as presented in the PTEIR.
(o) Explanation and justification of any operational practices which are not specified in the certified PTEIR and which are allowed by the rules with explanation and justification.
(p) A certification by the RPF preparing the PTHP that the proposed operations are within the scope of the environmental analysis contained in the PTEIR as set forth in 14 CCR 1092 and therefore will not result in any significant environmental impacts beyond those addressed in the PTEIR.

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






s 1092.09. PTHP Contents [Effective 1-1-99].
The purpose of the PTHP is to provide guidance for implementation of the standards and protective measures in the certified PTEIR. For the PTHP to serve these functions it shall contain the following:
(a) Identification number of the PTEIR and where it can be reviewed;
(b) The name and address and phone number of the timberland owner, the timber owner, the RPF, the Licensed Timber Operator and license number and the person responsible for on the ground supervision of the timber operations. If the Licensed Timber Operator is not known at the time of plan submission, this information shall be provided prior to the start of timber operations.
(c) Expected dates of commencement and completion of timber operations.
(d) A legal description of the area of the PTHP on which timber operations will 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) Identification of silvicultural prescriptions to be applied.
(f)(1) A confidential Archaeological Addendum as defined in 895.1, if the PTHP covers 3.0 acres or more, or,
(2) A statement by the RPF that the area covered by the PTHP has been surveyed in accord with current Forest Practice Rules, and a Confidential Archaeological Addendum was filed and approved as part of the PTEIR associated with the PTHP, or the area covered by the PTHP is less than 3.0 acres.
(g) A statement that no significant adverse impacts would occur to any threatened or endangered plant or animal species in the area of the PTHP or that if timber operations are being conducted in compliance with an accepted "no take" or authorized incidental "take" procedure, either of which has authorization or concurrence of a wildlife agency acting within its authority under state or federal endangered species acts for a listed species, the PTHP shall so state.
(h) A statement that there have been no physical environmental changes in the PTHP area that are so significant as to require any addendum or supplement to the PTEIR;
(i) Special provisions, if any, to protect any unique area within the area of timber operations.
(j) A certification by the RPF that he or she or a supervised designee has personally inspected the PTHP area.
(k) A verification that the LTO has been briefed by the RPF or supervised designee on the contents and operational requirements of the PTHP prior to the start of timber operations.
( l) On a titled USGS quadrangle or equivalent topographic maps of a scale not less than 2" to the mile, the information in subsections (1-5) shall be clearly shown. Additional maps, which may be topographic or planimetric may be used to provide the information required in other subsections or show specific details, to improve map clarity. The appurtenant roads referenced in subsection (5) may be shown on a map which may be planimetric with a scale as small as one-half inch equals one mile. Color coding shall not be used. A legend shall be included indicating the meaning of the symbols used. See the district rules for the appropriate minimum mapping acreage.
(1) Boundaries of the area to be harvested.
(2) Boundaries of areas for specified regeneration methods, intermediate treatments, special harvesting methods, and alternative prescriptions that are to be applied.
(3) Boundaries of the Site Class of timberlands within the PTHP area.
(4) Boundaries of areas for specified yarding (logging) systems, if more than one system is to be used;
(5) Location of public roads within the PTHP, and private roads appurtenant to the timber operations where such roads are under the ownership or control of the timber owner, timberland owner or timber operator, and classification of all proposed and existing logging roads as permanent, seasonal, or temporary roads.
(6) 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.
(7) Road failures on existing roads to be reconstructed.
(8) Location of all watercourse crossings of classified watercourses except temporary crossings of class III watercourses without flowing water during timber operations at that crossing.
(9) Location of erosion hazard rating areas, if more than one rating exists.
(10) Location of watercourse with Class I, II, III or IV waters.
(11) Location of known unstable areas or slides. Location of unique areas.
(m) Type of yarding (logging) systems and equipment to be used. Yarding systems will be placed in one or more of the following groups:
(1) Animal
(2) Tractor, skidder, forwarder
(3) Cable
(A) Ground-lead
(B) High-lead
(C) Skyline
(4) Balloon, helicopter
(5) Other, as explained in the PTHP
(n) A completed checklist from the certified PTEIR shall be attached to the PTHP and shall contain a listing of the practices which deviate from standard operational rules of the Board as presented in the PTEIR.
(o) Explanation and justification of any operational practices which are not specified in the certified PTEIR and which are allowed by the rules with explanation and justification.
(p) A certification by the RPF preparing the PTHP that the proposed operations are within the scope of the environmental analysis contained in the PTEIR as set forth in 14 CCR 1092 and therefore will not result in any significant environmental impacts beyond those addressed in the PTEIR.

Note: Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4527, 4581, 4582 and 4583, Public Resources Code.






s 1092.10. PTHP Professional Judgment.
Where the rules or these regulations provide for the exercise of professional judgment by the RPF or the Director, and there is a disagreement the parties shall confer on the PTHP area, if requested by either party, during the PTHP review and reach agreement, if possible, on the conditions and standards to be included in the PTHP to maintain consistency with the PTEIR.

Note: Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4582.7 and 4582.75, Public Resources Code.






s 1092.11. PTHP Submitter Responsibility.
The PTHP submitter, or successor in interest, shall:
(a) Ensure that an RPF conducts any activities which require an RPF.
(b) Provide the RPF preparing the PTHP 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 PTHP certifying knowledge of it's contents and the requirements of this section.
(d) Within five (5) working days of change in RPF responsibilities for PTHP 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 PTHP and any amendments to the LTO.
(f) Notify the Director prior to commencement of site preparation operations. Receipt of a burning permit is sufficient notice.

Note: Authority cited: Sections 4551 and 452 Public Resources Code. Reference: Sections 4582 and 4582.5, Public Resources Code.






s 1092.12. Registered Professional Forester Responsibility.
(a) Upon submission of a PTHP, the RPF who prepares and signs a PTHP is responsible for the accuracy and completeness of its contents.
(b) The RPF preparing the PTHP shall list or describe in the PTHP any work which will be performed by the PTHP preparer and any additional work requiring an RPF which the PTHP preparer does not intend to perform. This may include, but is not limited to, field work in identifying watercourse and lake protection zones or special treatment areas, marking trees, or other activities. The RPF is only responsible for the activities for which he or she is employed, or those required by the rules of the Board.
(c) The RPF preparing the PTHP shall, in writing, inform the PTHP submitter(s) of their responsibility pursuant to Section 1092.11 of this Article and the timberland owner(s) of their responsibility for compliance with the requirements of the Act and, where applicable, Board rules regarding site preparation, stocking, and maintenance of roads, landings, and erosion control facilities.

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






s 1092.13. Interaction Between RPF and LTO on the PTHP.
From the start of the PTHP preparation process 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 into the PTHP by an RPF after the first meeting, the RPF 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 PTHP including amendments.

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






s 1092.14. Licensed Timber Operator Responsibilities.
Each Licensed Timber Operator shall:
(a) Inform the responsible RPF and PTHP submitter, either in writing or orally, of any site conditions which in the LTO's opinion prevent implementation of the PTHP.
(b) Be responsible for the work of his or her employees and familiarize all employees with the intent and details of the operational land protection measures of the PTHP and amendments or minor deviations that apply to their work.
(c) Keep a copy of the applicable approved PTHP 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 PTHP and any approved amendments or minor deviations.

Note: Authority cited: Sections 4551, 4552 and 4571, Public Resources Code. Reference: Sections 4551, 4551.5 and 4582, Public Resources Code.






s 1092.15. Notification of Commencement of Operations.
For each calendar year, within fifteen days before, and not later than the day of the start up of a timber operation, the PTHP Submitter, or designee shall notify CDF of the start of timber operations. The notification, by telephone or by mail, shall be directed to the appropriate CDF Ranger Unit Headquarters, Forest Practice Inspector, or other designated personnel.

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






s 1092.16. PTHP Review Inspection -Filing Return.
Within ten (10) days of the receipt of a PTHP, the Director shall determine if the PTHP is accurate, complete and in proper order, and if so, the PTHP shall be filed. During this same period, the Director shall determine if a preharvest inspection is necessary. If a preharvest inspection is needed, the Department will notify the submitter, the Department of Fish and Game, the Department of Conservation, Division of Mines and Geology, and the appropriate California Regional Water Quality Control Board to determine if they want to attend and schedule a mutually agreeable time and date of the inspection. When the Director finds a PTHP inaccurate, incomplete, or otherwise not in proper order, the PTHP shall be returned to the submitter with written specifications of the deficiencies.

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






s 1092.17. Notice of PTHP Filing.
(a) The Director shall prepare a notice of filing which shall contain the basic information contained in the Notice of Intent (14 CCR 1092.04).
(b) Within two working days of the date the PTHP is filed, the Director shall transmit copies of the Notice of Filing to:
(1) The person submitting the PTHP.
(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 ft. of the PTHP boundary.
(6) Anyone else, as required by Public Resources Code 4582.4 and 4582.6.

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






s 1092.18. Agency and Public Review for the PTHP.
(a) Upon filing a PTHP in accordance with 14 CCR 1092.16 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 appropriate California Regional Water Quality Control Board, the Department of Conservation, Division of Mines and Geology, the Department of Parks and Recreation, the county planning agency and, if the areas are within their jurisdiction, to the California Tahoe Regional Planning Agency and the California Coastal Commission.
(b) The Director shall also transmit a copy of any specific PTHP to any person who has made a written request.
(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 should address any areas where there is a question of consistency with the PTEIR, the Act, the applicable rules of the Board and any other applicable legal requirements. All comments shall be in writing and shall be addressed to the Director at the regional office where the PTHP was filed.

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






s 1092.19. Time Periods for Review.
The Director shall have 30 days from the date the preharvest or initial inspection is completed, or in the event the Director determines that such inspection is not needed, 15 days from the date of PTHP filing in accordance with 14 CCR 1092.16 or such longer period as may be mutually agreed upon by the Director and the person submitting the PTHP, to review the PTHP and to take written comment.
After the public review period has ended the Director shall have up to fifteen working days, or a longer period mutually agreed upon by the Director and the person submitting the PTHP, to review the public and agency comments, to respond in writing to issues regarding the conformance of the PTHP to the PTEIR and compliance with the rules of the board and to determine if the PTHP is in conformance with the PTEIR, Forest Practice Act and Board of Forestry rules.

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






s 1092.20. Director's Guidance for Review of PTHP.
(a) In reviewing a PTHP the Director shall determine if the PTHP is in compliance with the rules of the board specified in 14 CCR Article 6.8 and whether the proposed activity is within the scope of the PTEIR, and that the PTEIR adequately describes the proposed activity for the purposes of CEQA.
(b) In determining if a PTHP is within the scope of the PTEIR the Director shall determine if one or more of the following conditions exist which requires action under 14 CCR 1092.01(d):
1) Where activities are proposed in the PTHP that could result in significant environmental impacts not considered in the PTEIR.
2) Where substantial changes have occurred with respect to the circumstances under which the PTHP is undertaken that could result in significant environmental impacts not previously covered; or
3) Where new relevant information regarding impacts or mitigation measures becomes available that shows any of the following:
A) the PTHP would have one or more significant effects not disclosed in the PTEIR.
B) effects previously examined would be substantially more intensive or extensive than shown in the PTEIR.
C) mitigation measures or alternatives previously determined to substantially reduce one or more significant impacts but found to be infeasible would in fact be feasible, or
D) feasible mitigation measures or alternatives not previously considered in the PTEIR were identified that would substantially reduce one or more significant effects.

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






s 1092.21. Special Conditions Requiring Disapproval of a PTHP.
The Director shall disapprove a PTHP as not conforming to the rules of the Board if any one of the following conditions exist:
(a) Boundaries of the area to be harvested are not clearly delineated in the PTHP.
(b) Public acquisition of the parcel for purposes which would be impaired by timber harvesting, is legislatively authorized, funded and imminent,
(c) There is evidence that the information contained in the PTHP is incorrect, incomplete or misleading in a material way, or is insufficient to evaluate significant environmental effects. The sufficiency of the information provided in the PTHP to evaluate significant environmental effects shall be judged in light of what is reasonable and necessary.
(d) Implementation of the PTHP as proposed would result in either a "taking" or finding of jeopardy of species listed as rare, threatened or endangered under the state or federal Endangered Species Acts, or would cause significant, long-term damage to listed species. The Director is not required to disapprove a plan if incidental "take" is authorized by a wildlife agency acting within its authority under state or federal endangered species acts.

Note: Authority cited: Sections 4551, 4555 and 4582, Public Resources Code. Reference: Sections 2053, 2080.1, 2090-2097, 2830 and 2835, Fish and Game Code; Sections 4555, 4582.7 and 4582.75, Public Resources Code; Section 51115.1, Government Code; the federal Endangered Species Act of 1973, 16 U.S.C. et seq.; and Laupheimer v. State (1988) 200 Cal. App. 3d 440; 246 Cal. Rptr. 82.






s 1092.22. Nonconformance of PTHP.
If the Director determines that a PTHP is not within the scope of the PTEIR or is not in conformance with the applicable rules of the Board the PTHP shall be returned in accordance with 14 CCR 1054. In addition, the Director shall state any changes and reasonable conditions that in the Director's professional judgment are needed to bring the PTHP within the scope of the PTEIR or into conformance with the applicable rules of the Board and offer to confer with the RPF in order to reach agreement on the conditions necessary to bring the PTHP into conformance.

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






s 1092.23. Conformance of PTHP.
If the Director determines that the PTHP is within the scope of the PTEIR and is in conformance with the Forest Practice Act and applicable rules of the Board, then the person submitting the PTHP shall be notified and timber operations may commence.

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






s 1092.24. Notice of Conformance of the PTHP.
Within ten working days of the date a PTHP is found in conformance, the Director shall transmit a notice thereof to the agencies and persons referred to in 14 CCR 1092.18 and for posting at the places named in 14 CCR 1092.17. 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 questions of consistency with the PTEIR raised during the evaluation process and shall also contain the following statements:
(a) The proposed activity is within the scope of the PTEIR, and
(b) The PTEIR adequately describes the environmental effects of the activity for the purposes of CEQA.

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






s 1092.25. Public Inspection.
Notices of Conformance, pursuant to 14 CCR 1092.24 and notices of approval by the Board, pursuant to 14 CCR 1054.8, shall be available for public inspection, and a list of such notices shall be posted on a weekly basis in the Resources Agency office. Each such list shall remain posted for a period of 30 days.

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






s 1092.26. Amendment.
Changes that are not "minor deviations" as defined in 14 CCR 895.1 are presumed to be substantial deviations if they potentially could have a significant adverse affect on timber productivity or values relating to soil, water quality, watershed, wildlife, fisheries, range and forage, recreation and aesthetic enjoyment that are beyond impacts identified in the PTEIR. Such actions may include, but are not limited to:
(a) Change in location of timber harvesting operations or enlargement of the area to be cut.
(b) Change in the silvicultural method and cutting system on any portion of the PTHP area.
(c) Change in type or location of logging (yarding) system or basic type of equipment.
(d) Change in location, nature or increase in length of proposed logging roads incorporating one or more of the following criteria:
(1) Any road in the Watercourse and Lake Protection Zone or where sidecast will extend into the Watercourse and Lake Protection Zone.
(2) Any road located in an extreme Erosion Hazard Rating area in the Coast Forest District, extreme Estimated Erosion Potential area in the Northern Forest District, or a high Erosion Potential area in the Southern Forest District.
(3) Any road where the average side slope exceeds 50%.
(4) Any road where unstable areas, active soil movement, or slide areas must be traversed.
(5) Any increase in gradient allowed by the District Rules as an exception and not provided for in the original PTHP.
(6) Any road extension of more than 600 feet (182.9 m).
(e) Any use of existing roads not shown in the original PTHP 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 for vehicle passage.
(f) Enlargement of landings where such enlargement was not justified in the original PTHP.
(g) Any change of operation in, or designation of, the Watercourse and Lake Protection Zone.
(h) Any downgrading of stream classification.
(i) A change to winter operation where summer operations was previously specified.
(j) Amendments proposing timber operations in a PTHP which would place the PTHP outside the scope of the PTEIR must be considered under 14 CCR 1092.01(d).
(k) Substantial deviations shall not be undertaken until such amendment has been filed and approved by the Director as required by this Article for the original PTHP.

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






s 1092.27. Report Minor Deviations.
(a) Minor deviations as described in 14 CCR 895.1 shall be submitted in writing to the Director before undertaking the deviation. Actions described in 14 CCR 1092.26 which are normally presumed to be substantial deviations may, in a given instance, be minor deviations. Actions listed as substantial deviations in 14 CCR 1092.26 or discussed in the PTEIR that are considered to be minor by the submitter may be undertaken only if requested in writing to and approved by the Director.
(b) The Director shall have five working days to determine if the proposed deviation is substantial or minor. Upon the date of receipt, the Director shall send copies of the proposed deviation to the Department of Fish and Game, the appropriate California Regional Water Quality Control Board, the Department of Conservation, Division of Mines and Geology, and any County which has special rules adopted under Section 4516.5 of the Public Resources Code.
(c) Where the Director fails to act within the five day period or a determination is made that the proposed deviation is minor, work may commence.
(d) Where the Director determines the proposed deviation is substantial, the review process in 14 CCR 1092.18 will be followed.

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






s 1092.28. Effective Period of the PTHP and PTEIR.
(a) The effective period of the PTHP within the meaning of PRC 4590 and 4591 is the 3 year period following the date the PTHP is determined to be in conformance or otherwise becomes effective pursuant to 4582.7. Timber operations shall commence no earlier than the expected date of commencement stated in the PTHP and shall be completed no later than the expected date of completion stated in the PTHP except under the following conditions:
(1) An amendment to change the completion date stated in a PTHP has been submitted to the Director at least ten days before the expected date of completion.
(2) An amendment to extend the effective period of a PTHP beyond three years is submitted in compliance with PRC 4590 which includes a map showing clearly the area pertinent to the request for extension.
(b) Upon receipt of such amendment, the Director shall determine whether the change in date constitutes a substantial deviation of the PTHP. An extension of time is presumed to be a minor deviation, provided the extension does not lead to practices that constitute a substantial deviation, as defined Section 1092.26. If the Director determines that such a change of date is a substantial deviation, then the PTHP extension shall not be approved.
(c) The PTEIR will be effective until such time as substantial changes in conditions occur or significant environmental impacts are identified which are not addressed in the PTEIR. When this occurs the PTEIR may be amended or supplemented to address such new information. Alternatively, PTHP's may be modified to fall within the scope of the PTEIR.

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






s 1092.29. Change of Ownership [Effective until 1-1-99].
Any change in ownership of land addressed in the PTEIR 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.

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






s 1092.29. Change of Ownership [Effective 1-1-99].
(a) Any land ownership change upon which there is an unapproved work completion report or stocking report, must be reported to the Director.
(b) Prior to recordation, the existing PTHP timberland owner shall notify the acquiring timberland owner of the existence of the PTHP, the requirement to notify the Director of the change of ownership, and the acquiring party's responsibility for compliance with the stocking standards of the Act and the applicable rules of the Board of Forestry.
(c) The acquiring party shall notify the Director within 10 days of the date title is recorded by the county recorder.

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






s 1092.30. Cancellation of PTHP.
All parties who submitted the PTHP, or their successors, must sign the request to the Director for cancellation of a PTHP. Once cutting has commenced, the PTHP may not be canceled except as to lands not harvested.

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






s 1092.31. Appeals.
Appeals of PTHPs shall be the same as provided for in the FPA for THPs. For Head of Agency Appeals, the appealing agency shall have ten 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 4553, Public Resources Code. Reference: Sections 4551 and 4553, Public Resources Code.






s 1092.32. Interim Measures for Maximum Sustained Production of High Quality Timber Products.
Timberland ownership's of 50,000 acres or more may use subsection (c) of Sections 913.11, 933.11, and 953.11 if a Notice of Preparation for a PTEIR has been filed with the Department. This option may only be used until the PTEIR is certified or rejected by the Department. Maximum Sustained Production will be maintained under the provisions of the PTEIR after certification of the PTEIR by the Department.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513, 4551.5, 4561 and 21080.5, Public Resources Code.






s 1100. Definitions.
The following are definitions of words and terms as used in this article:
(a) "Alternate Use" or "Alternative Use" means a proposed land use that is not a compatible use within a timberland production zone. (Reference: Section 51134(b), Government Code. )
(b) "Bona Fide Intention" or "bona fide intent" means a present, sincere intention of the applicant to conform with and successfully execute the conversion plan, as determined by the Director in accordance with provisions of Section 1105.2. ( Reference: Section 4623, Public Resources Code. )
(c) "Coastal Commercial Timberlands" means timberland as defined in PRC 4526, for those lands which lie within the coastal zone and outside a timberland production zone; or as defined in Gov. C. 51100(f) for those lands which lie within both the coastal zone and a timberland production zone. (Reference: Sections 4526 and 30243, Public Resources Code; Section 51100(f), Government Code. )
(d) "Coastal Zone" means those lands defined in PRC 30103. ( Reference: Section 30103, Public Resources Code. )
(e) "Compatible Use" means compatible use as defined in Gov. C. 51100(h) and 51111, as made specific by county or city ordinance adopted pursuant thereto. (Reference: Sections 51100(h) and 51111, Government Code. )
(f) "Contiguous" means two or more parcels of land that are adjoining or neighboring or are sufficiently near to each other, as determined by the County Board of Supervisors or City Council, that they are manageable as a single forest unit. (Reference: Section 51100(b), Government Code.)
(g) "Timberland Conversion" means:
(1) Within non-Timberland Production Zone (TPZ) timberland, transforming timberland to a nontimber growing use through timber operations where:
(A) Future timber harvests will be prevented or infeasible because of land occupancy and activities thereon; or
(B) Stocking requirements of the applicable district forest practice rules will not be met within five years after completion of timber operations; or
(C) There is a clear intent to divide timberland into ownerships of less than three acres (1.214 ha.).
(2) Within Timberland Production Zone (TPZ) lands, the immediate rezoning of TPZ lands, whether timber operations are involved or not, except as exempt from a timberland conversion permit under 14 CAC 1104.1.
(h) "Conversion Permit" means the timberland conversion permit, issued by the Director or the Board upon appeal, approving the application for timberland conversion and authorizing a conversion of timberland to use or uses other than the growing of timber. (Reference: Sections 4622, 4624, 4624.5 and 4625, Public Resources Code. )
(i) "Government Agency" means the State or any department, agency, or public body thereof, a city or county, public corporation, municipal corporation, or public district. (Reference: Sections 21062 and 21063, Public Resources Code. )
(j) "Immediate Rezoning" means a change in zoning for land use by the appropriate county or city having jurisdiction of an area within a Timber Production Zone to allow an alternative use pursuant to Article 4 ( commencing with Section 51130 ) of Chapter 6.7, Part 1, Division 1, Title 5 of the Government Code. (Reference: Section 4526, Public Resources Code; Section 51100(f), Government Code; Section 1021, Title 14, CAC. )
(k) "Land Parcel" means a piece of land under one ownership where no part is completely separated from any other part by a different fee ownership.
( l "Parcel" means parcel as defined in Section 51104(i) of the Government Code.
(m) "Timberland" means timberland as defined in PRC 4526, for land outside a timberland production zone. "Timberland" means timberland as defined in Gov. C. 51100(f), for land within a timberland production zone. (Reference: Section 4526, Public Resources Code; Section 51100(f), Government Code.)
(n) "Timberland Preserve Zone" or "TPZ" means timberland pre -serve zone as defined in Gov. C. 51100(g). (Reference: Section 51100(g), Government Code.)

Note: Authority cited: Section 4621, Public Resources Code. Reference: Sections 700, 701, 4526, 4621, 4622, 4623, 4624, 4624.5, 4625, 4626, 21062, 21063, 30103 and 30243, Public Resources Code; and Sections 51100, 51111 and 51134(b), Government Code. (continued)