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(continued)
(2) All timber operations shall conform to the marking, flagging and other identification of protective measures specified in CCR 916.4 and 916.5 and the THP. Conformance shall be determined based on the evaluation of no less than a 200 foot lineal segment of each watercourse or lake.
(3) The width of the WLPZ shall be measured along the surface of the ground from the watercourse or lake transition line or in the absence of riparian vegetation from the top edge of the watercourse bank.
(4) Slopes shall be measured in percent for the proposed WLPZ. If topography within the proposed WLPZ is variable, segments of the proposed WLPZ should be segregated by slope class as indicated in Table I, 14 CCR 916.5.
(5) If requested by either party, and after on-the-ground inspection, the RPF and the Director may increase or decrease the width of a proposed WLPZ. A decrease shall not exceed 25 percent of the width as determined by the procedure prescribed in Sections 14 CCR 916.4(c), and 916.5. Such changes in zone width shall be based on considerations of soil, slope, biologic, hydrologic, and geologic values listed in Section 14 CCR 916.4(b), silvicultural methods, yarding systems, road location, and site preparation activities. In no case shall the width be adjusted to less than 50 feet for Class I and II waters. Where soil surfaced roads exist within the standard WLPZ, no in-lieu reduction of WLPZ width shall be approved.
(6) Within the WLPZ, at least 75 percent surface cover and undisturbed area shall be retained to act as a filter strip for raindrop energy dissipation, and for wildlife habitat.
This percentage may be adjusted to meet site specific conditions when proposed by the RPF and approved by the Director or where broadcast burning is conducted under the terms of a project type burning permit and in compliance with 14 CCR 915.2(b).
(c) The protection and WLPZ widths for Class III and Class IV waters shall prevent the degradation of the downstream beneficial use of water and shall be determined on a site-specific basis.
(1) Where operations occur adjacent to Class III watercourses, the RPF shall designate in the THP an equipment limitation zone (ELZ) of at least 25 feet where sideslope steepness is less than 30% and at least 50 feet where sideslope steepness is 30% or greater unless explained and justified otherwise in the THP and approved by the director. Class III watercourses within logging areas where the EHR is Low and the slopes are less than 30% shall not require an ELZ unless proposed by the RPF or required by the Director. The RPF shall describe the limitations on the use of heavy equipment in the THP. Where appropriate to protect the beneficial uses of water the RPF shall describe additional protection measures which may include surface cover retention, vegetation protection and timber falling limitations. The location of the areas of heavy equipment use in any ELZ shall be clearly described in the plan, or flagged or marked on the ground before the preharvest inspection. When necessary to protect the beneficial use of water, the RPF shall designate and the Director may require a WLPZ for Class III and Class IV waters or an ELZ for Class IV waters.
(2) The width of the WLPZ for Class III and Class IV waters shall be determined from on-site inspection. Minimum protective measures required when Class III and Class IV protection zones are necessary are contained in Table I 14 CCR 916.5.
(3) Soil deposited during timber operations in a Class III watercourse other than at a temporary crossing shall be removed and debris deposited during timber operations shall be removed or stabilized before the conclusion of timber operations, or before October 15. Temporary crossings shall be removed before the winter period, or as approved by the Director.
(4) When approved by the Director on an individual plan basis as provided in Section 14 CCR 916.4(c)(1) Class IV waters shall be exempted from required protection when such protection is inconsistent with the management objectives of the owner of the manmade watercourse.
(d) Heavy equipment shall not be used in timber falling, yarding, or site preparation within the WLPZ unless such use is explained and justified in the THP, and approved by the Director.
(e) Flagging for heavy equipment use within the WLPZ adjacent to Class I waters and for all tractor road watercourse crossings of all watercourses must be completed before the preharvest inspection, if one is conducted or start of operations, whichever comes first. Flagging for heavy equipment use within the WLPZ adjacent to Class II, III and IV waters may be done at the option of the RPF or as required by the director on a site-specific basis.
(f) Subsection (d) does not apply to (1)-(4) below. Subsection (e) does not apply to (2)-(4) below.
(1) At prepared tractor road crossings as described in 914.8(b).
(2) Crossings of Class III watercourses which are dry at the time of timber operations.
(3) At existing road crossings.
(4) At new tractor and road crossings approved as part of the Fish and Game Code process (F&GC 1600 et. seq.)

Note: Authority cited: Sections 4551, 4553, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4512, 4513, 4551.5 and 21001(f), Public Resources Code; Sections 1600 and 5650(c), Fish and Game Code; Sections 100, 13000 and 13050(f), Water Code; and 33 USC Section 1288(b)(2)(F).






s 916.5. Procedure for Determining Watercourse and Lake Protection Zone (WLPZ) Widths and Protective Measures.
The following procedure for determining watercourse and lake protection zone (WLPZ) widths and protective measures. The following procedure for determining WLPZ widths and protective measures shall be followed:
(a) The following information shall be determined from field investigation:
(1) The location of all lakes and watercourses including man made watercourses.
(2) The existing and restorable beneficial uses of the waters to be protected as identified in subsection (1) above.
(3) The side slope classes for the individual class waters to be protected (e.g. < 30%, 30-50%,), where side slope is measured from the watercourse or lake transition line to a point 100 feet upslope from the watercourse or lake transition line, or, in the absence of riparian vegetation, from the top of the watercourse bank. Where slope configurations are variable, a weighted average method shall be used to determine sideslope percent.
(b) The beneficial uses noted from the field investigations in subsection (a) shall be compared to the characteristics or key beneficial uses listed in Row 1 of Table I (14 CCR 916.5) to determine the water classes (e.g. I, II, III, IV, Row 2).
(c) The standard protection zone width differentiated by slope classes determined in subsection (a) are shown in Rows 4-7, Table I (14 CCR 916.5). These widths may be modified as stated in 14 CCR 916.4(b)(5).
(d) The alphabetical letter designations A through I in Rows 4-7, Table 1 14 CCR 916.5, and described in subsection (e) to Table I indicate the standard protective measures to be applied to the classes of water as determined in subsection (b) above.
(e) The letter designations shown in the "Protective Measures and Widths" column in Table I correspond to the following:
"A" WLPZ shall be clearly identified on the ground by the RPF who prepared the plan, or supervised designee, with paint, flagging, or other suitable means prior to the preharvest inspection.
"B" WLPZ shall be clearly identified on the ground by an RPF or supervised designee, with paint, flagging, or other suitable means, prior to the start of timber operations.
"C" In site-specific cases, the RPF may provide in the plan, or the director may require, that the WLPZ be clearly identified on the ground with flagging or by other suitable means prior to the start of timber operations.
"D" To ensure retention of shade canopy filter strip properties of the WLPZ and the maintenance of a multi-storied stand for protection of values described in 14 CCR 916.4(b), a base mark below the cutline of residual or harvest trees within the zone shall be done in advance of preharvest inspection by the RPF or supervised designee. Sample marking is satisfactory in those cases where the Director determines it is adequate for plan evaluation. When sample marking has been used, all marking shall be done in advance of falling operations within the WLPZ.
"E" To ensure retention of shade canopy filter strip properties and the maintenance of wildlife values described in 14 CCR 916.4(b), a base mark shall be placed below the cut line of the residual or harvest trees within the zone and shall be done in advance of timber falling operations by an RPF or supervised designee.
"F" Residual or harvest tree marking within the WLPZ may be stipulated in the THP by the RPF or required by the Director in site-specific cases to ensure retention of filter strip properties or to maintain soil stability of the zone. The RPF shall state in the THP if marking was used in these zones.
"G" To protect water temperature, filter strip properties, upslope stability, and fish and wildlife values, at least 50% of the overstory and 50% of the understory canopy covering the ground and adjacent waters shall be left in a well distributed multi-storied stand composed of a diversity of species similar to that found before the start of operations. The residual overstory canopy shall be composed of at least 25% of the existing overstory conifers. Species composition may be adjusted consistent with the above standard to meet on-site conditions when agreed to in the THP by the RPF and the Director.
"H" At least 50 percent of the understory vegetation present before timber operations shall be left living and well distributed within the WLPZ to maintain soil stability. This percentage may be adjusted to meet on-site conditions when agreed to by the RPF and the Director. Unless required by the Director, this shall not be construed to prohibit broadcast burning with a project type burning permit for site preparation.
"I" To protect water temperature, filter strip properties, upslope stability, and fish and wildlife values, at least 50% of the total canopy covering the ground shall be left in a well distributed multi-storied stand configuration composed of a diversity of species similar to that found before the start of operations. The residual overstory canopy shall be composed of at least 25% of the existing overstory conifers. Due to variability in Class II watercourses these percentages and species composition may be adjusted to meet on-site conditions when agreed to by the RPF and the Director in the THP.
TABLE I -14 CCR 916.5 PROCEDURES FOR DETERMINING WATERCOURSE AND LAKE
PROTECTION ZONE WIDTHS AND PROTECTIVE MEASURES [FN1]
Water Class 1) Domestic 1) Fish No aquatic Man-made
Characteristics supplies on always or life watercourses,
or key site and/or seasonally present, usually
indicator within 100 present watercourse downstream
Beneficial Use feet offsite showing established
downstream within evidence of domestic,
of the 1,000 feet being agricultural,
operations downstream capable of hydro-electric
area and/or and/or sediment supply, or
transport other
downstream beneficial
to waters use.
under
normal high
water flow
conditions
after
completion
of timber
operations.
2) Fish 2)Aquatic
always or habitat
seasonally for
pre-sent non-fish
onsite aquatic
includes species.
habitat to
sustain
fish
migration
and
spawning
3)Excludes
Class III
waters
that are
tributary
to Class I
waters.

WATER CLASS I CLASS II CLASS III CLASS IV
CLASS
SLOPE WIDTH PROTECTION WIDTH PROTECTION WIDTH WIDTH
CLASS PROTECTION PROTECTION
(%)
FEET MEASURE FEET MEASURE FEET MEASURE FEET MEASURE
See 916.4(c) See 916.4(c)
<30 75 BDG 50 BEI See CFH See CFI
30-50 100 BDG 75 BEI See CFH See CFI
>50 150 ADG 100 BEI See CFH See CFI
[FN2] [FN3]
FN1 See Section 916.5(e) for letter designations applicable to this table.
FN2 Subtract 50 feet width for cable yarding operations
FN3 Subtract 25 feet width for cable yarding operations


Note: Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4513, 4551.5 and 21001(f), Public Resources Code; Sections 100, 13000 and 13050(f), Water Code; and 33 USC Section 1288(b)(2)(F).






s 916.6. Alternative Watercourse and Lake Protection.
(a) Alternative prescriptions for the protection of watercourses and lakes may be developed by the RPF or proposed by the Director on a site-specific basis provided the following conditions are complied with and the alternative prescriptions will achieve compliance with the standards set forth in 916.3 and 916.4(b):
(1) The following information regarding an alternative prescription shall be included in the THP:
(A) An identification of each standard prescription which would be replaced by the alternative prescription.
(B) An identification of any beneficial uses of water or other features listed in 14 CCR 916.4(b), which may be adversely affected by the replaced standard prescription and the alternative practice.
(C) An evaluation of any significant effects on such beneficial uses or features due to implementation of the alternative prescription.
(D) A clear and complete explanation and justification as to the reasons why, given site-specific technical, environmental, economic, or institutional considerations, an alternative prescription is needed. The reasons given must include at least one of the following:
1. Implementation of the specified standard prescriptions would not be feasible.
2. Implementation of the specified standard prescription(s) would not adequately prevent or reduce damage to the quality and beneficial uses of water.
3. Implementation of the proposed alternative prescription would provide equal or greater protection, including all proposed mitigations for the quality and beneficial uses of water and those features listed in 916.4(b), than would implementation of the specified standard prescriptions.
(E) A plan for evaluating the results of the proposed alternative practice by either the plan submitter or the Director. The plan must include the criteria and procedures for evaluating and inspecting each approved alternative practice.
(2) The alternative measures stated in the plan shall be written so that they provide clear, enforceable standards for the guidance of the timber operator.
(3) Prior to beginning or continuing an operation in which alternative measures have been added to an approved THP in regard to watercourse and lake protection measures, the timber operator shall acknowledge the new specifications by signing and filing with the director, a copy of the amended plan.
(b) The director shall not accept for inclusion in a THP alternative watercourse and lake protection measures which do not meet the standard of subsection (a) of this section. In the event that written comments received from two or more agencies listed in 4582.6 PRC and 14 CCR 1037.3 and which participated in review of the plan, including on-the-ground inspection, lead to the conclusion that the proposed alternative does not meet the criteria of Section 916.5, and is therefore not consistent with rules of the Board, the director shall reject the proposed alternative.
(c) Alternative practices stated in an approved THP shall have the same force and authority as those practices required by the standard rule.

Note: Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4512, 4513 and 4551.5, Public Resources Code; and USC Section 1288(b)(2)(F).






s 916.7. Reduction of Soil Loss.
Within the watercourse and lake protection zone adjacent to Class I and Class II waters, areas where mineral soil exceeding 800 continuous square feet in size, exposed by timber operations, shall be treated for reduction of soil loss. Treatment shall be done prior to October 15th except that such bare areas created after October 15th shall be so treated within 10 days, or as agreed to by the director. Stabilization measures shall be included and explained in the THP or other required notices. Stabilization measures shall be selected that will prevent significant movement of soil into Class I and II waters and may include, but need not be limited to, mulching, rip-rapping, grass seeding, or chemical soil stabilizers.
(a) This section does not apply to the traveled surface of roads. Erosion control measures on road surfaces are specified in 14 CCR 923.
(b) Where mineral soil has been exposed by timber operations on approaches to watercourse crossings of Class I or II waters, or Class III waters if an ELZ or WLPZ is required, the disturbed area shall be stabilized to the extent necessary to prevent the discharge of soil into watercourses or lakes in amounts deleterious to the quality and beneficial uses of water.
(c) Where necessary to protect beneficial uses of water from timber operations, protection measures, such as seeding, mulching, or replanting, shall be specified to retain and improve the natural ability of the ground cover within the standard width of the WLPZ to filter sediment, minimize soil erosion, and stabilize banks of watercourses and lakes.

Note: Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. References: Sections 4512, 4513, 4551.5, 4562.5 and 4562.7, Public Resources Code; 40 CFR 35.1505; and 33 USC Section 1288(b)(2)(F).






s 916.8. Sensitive Watersheds.
The Board, at a public hearing, shall determine whether nominated planning watersheds are "sensitive" to further timber operations. Classifications of a water shed as "sensitive" shallbe supported by substantial evidence that a condition, or conditions, exist(s) where further timber operations within the planning watershed will create a reasonable potential to cause, or contribute to ongoing, significant adverse cumulative effect(s) on the resources identified in 916.8(a)(3) [936.8(a)(3), 956.8(a)(3)], and as set forth in Technical Rule Addendum No. 2 (14 CCR 912.9) [932.9, 952.9] and that mitigation of such significant cumulative effects requires the application of protection measures not required by the Forest Practice Rules. For all planning watersheds classified as "sensitive", the Board shall identify the specific resources which are sensitive to further timber operations and specific mitigation measures that will provide the necessary protection of the sensitive resource(s). A Board finding that a planning watershed is no longer sensitive shall be supported by substantial evidence that such conditions no longer exist. Unless and until a planning watershed(s) is classified as sensitive and any necessary rulemaking completed, the existing rules shall apply.
(a) Nomination process:
The Director, local, state, or federal agencies and the public may nominate planning watersheds to the Board and shall provide evidence supporting classification of the watershed as sensitive. The nominator shall discuss the effects that further timber operations will have on the specific resources identified in 14 CCR 916.8(a)(3) [936.8(a)(3), 956.8(a)(3)] which are at risk within the nominated watershed and specify those effects not sufficiently addressed under the forest practice rules and discuss the significance of the effects in light of the condition of the resources in areas adjacent to the planning watershed. Such nominations must be accompanied by the following information, descriptions, documents, or maps as appropriate:
1. Name, approximate size and location of the watershed(s) identified by county, township and range, and name(s) of USGS topographic map(s) on which the planning watershed is found.
2. The name of the higher-order stream, if any, to which the watershed is tributary.
3. Specific resources that are significantly threatened by further timber operations on non-federal timberland in the nominated watershed, including, as appropriate, but not limited to:
A. fish, aquatic organisms, aquatic habitat, or riparian habitat;
B. domestic and other water supplies, water quality, other beneficial uses of water existing at the time of nomination or factors related to the stream system and channel morphology.
C. downstream reservoirs, navigable channels, water diversion and transport facilities, estuaries, and harbors;
D. wildlife species, or the habitat of species, listed under state or federal law as rare, threatened or endangered, candidate, or sensitive, including discussion of the habitat features threatened by timber operations;
E. wildlife species with narrow geographic range, low density, low reproductive rates, and highly dependent on localized habitat features, including discussion of the habitat features threatened by timber operations and a discussion of why protective measures are required to prevent a loss of population viability.
4. Natural or management-induced conditions present in the watershed which pose a significant threat to the resources identified in 14 CCR 916.8(a)(3) [936.8(a)(3) and 956.8(a)(3)], above, including, as appropriate, but not limited to:
A. steep slopes and easily destabilized soils;
B. continuing landslide or soil erosion problems related to past or ongoing land-use activities;
C. extensive ground disturbance, particularly associated with roads, skid trails, landings, and watercourse crossings;
D. accelerated aggradation, streambank erosion, and channel scouring;
E. changes in the habitat or condition of wildlife species identified in 14 CCR 916.8(a)(3) [936.8(a)(3) and 956.8(a)(3)], above.
F. accelerated rates of proposed road construction or timber harvesting within a watershed or near streams or springs.
5. Approved Habitat Conservation Plans or other documents approved or under review by public agencies within the nominated watershed which provide for maintenance or improvement over time of management induced conditions within or adjacent to the planning watershed or forest district.
6. Suggested, feasible mitigation measures needed, in addition to current forest practice rules, to provide adequate protection for resources identified in 14 CCR 916.8(a)(3) [936.8(a)(3) and 956.8(a)(3)], above, and to mitigate or avoid new or continuing significant cumulative effects related to timber operations, including, but not limited to, restoration or rehabilitation of degraded resources within any portion of the proposed sensitive watershed.
7. Other information about the watershed that may assist the Board to evaluate the nomination.
8. Literature citations, expert written opinion, and other relevant sources of information and, where possible, copies of information used to complete the nomination.
9. A list of names and mailing addresses of the following:
A. landowners of 40 acres or more of lands zoned for timber production in the planning watershed;
B. public water purveyors and known private purveyors within the planning watershed;
C. commonly known watershed associations within the planning watershed;
D. commonly known neighborhood or community associations within the planning watershed;
E. chairman, county board of supervisors;
F. chairman, county planning commission;
G. local manager for any public agency having custodial responsibility for timberlands within the planning watershed; and
H. district or local representatives for review team agencies.
10. A draft notice for newspaper publication containing the information in (a)(1)-(3), a statement that a public hearing will be scheduled before the Board within 60 days of Board receipt of a nomination forwarded by the committee, and a statement that further information can be obtained from the local Department Ranger Unit Headquarters.
(b) Notice Process
The Board shall mail notice of the nominated watershed, as provided in (a)10, to the addresses of parties described in 9 A-H and shall publish the provided notice one time in a newspaper with general circulation in the county containing the planning watershed. Such notice shall be provided following a determination that information contained in the nomination meets the requirements of 14 CCR 916.8(a) [936.8(a) and 956.8(a)], above.
(c) Screening Process:
Before consideration by the Board, nominations shall be screened for compliance with the informational requirements by a nominations review committee, which may consist of the appropriate District Technical Advisory Committee or other Board Committee, as determined by the Board. The nominations review committee shall consult with CDF, the appropriate Regional Water Quality Control Board, the Department of Fish and Game, the Division of Mines and Geology, and other(s) as deemed necessary to determine whether the nomination is supported by substantial evidence. The nominations review committee shall then forward a recommendation for approval or denial of the nomination to the Board within 120 days of the date of receipt by the committee, or such longer time provided by the Board. The nominations review committee shall describe its specific reason(s) for recommending approval or denial of the nomination. In the event that the committee forwards a recommendation for approval, it shall describe the substantial evidence which supports nomination, including specific reasons why the current forest practice rules are inadequate to protect the specific resources at risk and shall provide the following information:
1. A list of which resource is threatened and by which timber operations;
2. if possible, performance standard(s) for timber operations that will avoid or mitigate new or continuing significant cumulative effects;
3. additional information that is needed for evaluating the impacts of proposed timber operations and is to be included in harvesting plans submitted in the planning watershed;
4. Onsite mitigation measures in addition to the current forest practice rules, which can be required by the Director to mitigate the impacts of timber operations within the watershed;
5. Offsite mitigation measures that can be applied within or outside of the sensitive watershed area to offset adverse on-site impacts of timber operations. If such mitigation measures are proposed to protect the resources discussed in subdivision (a)(3)(A) and (B), they must occur in the same drainage. Such measures may include, but are not limited to, voluntary mitigation agreements among ownerships.
6. If needed, recommended alternatives to evaluate the implementation and effectiveness of mitigations required under this section.
7. Exemptions for ownerships, emergencies, or land-use classifications that are different than those provided in the current forest practice regulations and that may be applied in the watershed.
(d) Public hearing Process:
The Board shall consider the recommendations of the nominations review committee at a public hearing on classification of the planning watershed, which will be held within 60 days of receipt from the committee. The watershed nomination and recommendations of the committee will be made available to the public between the date of receipt by the Board and the public hearing. Recommendations adopted by the Board which have the effect of a regulation shall be processed in accordance with the Administrative Procedures Act (Section 11340. et seq. Gov. Code).

Note: Authority cited: Sections 4551, 4562.7, 21000(g) and 21160, Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 21000(b), (f), 21002 and 21002.1, Public Resources Code; and 33 USC 1288(b)(2)(F).






s 916.9. Protection and Restoration in Watersheds with Threatened or Impaired Values.
In addition to all other district Forest Practice Rules, the following requirements shall apply in any planning watershed with threatened or impaired values:
(a) GOAL - Every timber operation shall be planned and conducted to prevent deleterious interference with the watershed conditions that primarily limit the values set forth in 14 CCR 916.2(a) (e.g., sediment load increase where sediment is a primary limiting factor; thermal load increase where water temperature is a primary limiting factor; loss of instream large woody debris or recruitment potential where lack of this value is a primary limiting factor; substantial increase in peak flows or large flood frequency where peak flows or large flood frequency are primary limiting factors). To achieve this goal, every timber operation shall be planned and conducted to meet the following objectives where they affect a primary limiting factor:
(1) Comply with the terms of a Total Maximum Daily Load (TMDL) that has been adopted to address factors that may be affected by timber operations if a TMDL has been adopted, or not result in any measurable sediment load increase to a watercourse system or lake.
(2) Not result in any measurable decrease in the stability of a watercourse channel or of a watercourse or lake bank.
(3) Not result in any measurable blockage of any aquatic migratory routes for anadromous salmonids or listed species.
(4) Not result in any measurable stream flow reductions during critical low water periods except as part of an approved water drafting plan pursuant to 14 CCR 916.9(r).
(5) Consistent with the requirements of 14 CCR s 916.9(i), 14 CCR s 936.9(i), or 14 CCR s 956.9(i); protect, maintain, and restore trees (especially conifers), snags, or downed large woody debris that currently, or may in the foreseeable future, provide large woody debris recruitment needed for instream habitat structure and fluvial geomorphic functions.
(6) Consistent with the requirements of 14 CCR s 916.9(g), 14 CCR s 936.9(g), or 14 CCR s 956.9(g); protect, maintain, and restore the quality and quantity of vegetative canopy needed to: (A) provide shade to the watercourse or lake, (B) minimize daily and seasonal temperature fluctuations, (C) maintain daily and seasonal water temperatures within the preferred range for anadromous salmonids or listed species where they are present or could be restored, and (D) provide hiding cover and a food base where needed.
(7) Result in no substantial increases in peak flows or large flood frequency.
(b) Pre-plan adverse cumulative watershed effects on the populations and habitat of anadromous salmonids shall be considered. The plan shall specifically acknowledge or refute that such effects exist. Where appropriate, the plan shall set forth measures to effectively reduce such effects.
(c) Any timber operation or silvicultural prescription within 150 feet of any Class I watercourse or lake transition line or 100 feet of any Class II watercourse or lake transition line shall have protection, maintenance, or restoration of the beneficial uses of water or the populations and habitat of anadromous salmonids or listed aquatic or riparian-associated species as significant objectives.
Additionally, for evenaged regeneration methods and rehabilitation with the same effects as a clearcut that are adjacent to a WLPZ, a special operating zone shall retain understory and mid-canopy conifers and hardwoods. These trees shall be protected during falling, yarding and site preparation to the extent feasible. If trees that are retained within this zone are knocked down during operations, that portion of the trees that is greater than 6"in diameter shall remain within the zone as Large Woody Debris. The zone shall be 25 feet above Class I WLPZs with slopes 0-30% and 50 feet above Class I WLPZs with slopes > 30%.
(d)(1) The plan shall fully describe: (A) the type and location of each measure needed to fully offset sediment loading, thermal loading, and potential significant adverse watershed effects from the proposed timber operations, and (B) the person(s) responsible for the implementation of each measure, if other than the timber operator.
(2) In proposing, reviewing, and approving such measures, preference shall be given to the following: (A) measures that are both onsite (i.e., on or near the plan area) and in-kind (i.e., erosion control measures where sediment is the problem), and (B) sites that are located to maximize the benefits to the impacted portion of a watercourse or lake. Out-of-kind measures (i.e., improving shade where sediment is the problem) shall not be approved as meeting the requirements of this subsection.
(e) Channel zone requirements
(1) There shall be no timber operations within the channel zone with the following exceptions:
(A) timber harvesting that is directed to improve salmonid habitat through the limited use of the selection or commercial thinning silvicultural methods with review and comment by DFG.
(B) timber harvesting necessary for the construction or reconstruction of approved watercourse crossings.
(C) timber harvesting necessary for the protection of public health and safety.
(D) to allow for full suspension cable yarding when necessary to transport logs through the channel zone.
(E) Class III watercourses where exclusion of timber operations is not needed for protection of listed salmonids.
(2) In all instances where trees are proposed to be felled within the channel zone, a base mark shall be placed below the cut line of the harvest trees within the zone. Such marking shall be completed by the RPF that prepared the plan prior to the preharvest inspection.
(f) The minimum WLPZ width for Class I waters shall be 150 feet from the watercourse or lake transition line. Where a proposed THP is located within the Sacramento or San Joaquin river drainages, and the Director and DFG concur; the RPF may explain and justify other WLPZ widths on areas where even aged regeneration methods, seed tree removal, shelterwood removal, alternative prescriptions, or rehabilitation will not be utilized adjacent to watercourse and lake protection zones and where slopes are less than 30%.
(g) Within a WLPZ for Class I waters, at least 85 percent overstory canopy shall be retained within 75 feet of the watercourse or lake transition line, and at least 65 percent overstory canopy within the remainder of the WLPZ. The overstory canopy must be composed of at least 25% overstory conifer canopy post-harvest. Where a proposed THP is located within the Sacramento or San Joaquin river drainages, and the Director and DFG concur; the RPF may explain and justify other canopy retention standards on areas where even aged regeneration methods, seed tree removal, shelterwood removal, alternative prescriptions, or rehabilitation will not be utilized adjacent to watercourse and lake protection zones and where slopes are less than 30%.
Harvesting of hardwoods shall only occur for the purpose of enabling conifer regeneration.
(h) For Class I waters, any plan involving timber operations within the WLPZ shall contain the following information:
(1) A clear and enforceable specification of how any disturbance or log or tree cutting and removal within the Class I WLPZ shall be carried out to conform with 14 CCR 916.2(a) and 916.9(a).
(2) A description of all existing permanent crossings of Class I waters by logging roads and clear specification regarding how these crossings are to be modified, used, and treated to minimize risks, giving special attention to allowing fish to pass both upstream and downstream during all life stages.
(3) Clear and enforceable specifications for construction and operation of any new crossing of Class I waters to prevent direct harm, habitat degradation, water velocity increase, hindrance of fish passage, or other potential impairment of beneficial uses of water.
(i) Recruitment of large woody debris for aquatic habitat in Class I anadromous fish-bearing or restorable waters shall be ensured by retaining the ten largest dbh conifers (live or dead) per 330 feet of stream channel length that are the most conducive to recruitment to provide for the beneficial functions of riparian zones. The retained conifers shall be selected from within the THP area that lies within 50 feet of the watercourse transition line. Where the THP boundary is an ownership boundary, a class I watercourse, and the WLPZ on both sides of the watercourse currently meets the stocking standards listed under 14 CCR 912.7(b)(2); the five (5) largest dbh conifers (live or dead) per 330 feet of stream channel length that are the most conducive to recruitment to provide for the beneficial functions of riparian zones within the THP area shall be retained within 50 feet of the watercourse transition line.
The RPF may propose alternatives to substitute smaller diameter trees, trees that are more than 50 feet from the watercourse transition line, or other alternatives on a site specific basis. The RPF must explain and justify in the THP why the proposed alternative is more conducive to current and long-term Large Woody Debris recruitment, shading, bank stability, and the beneficial functions of riparian zones.
(j) Where an inner gorge extends beyond a Class I WLPZ and slopes are greater than 55%, a special management zone shall be established where the use of evenaged regeneration methods is prohibited. This zone shall extend upslope to the first major break-in-slope to less than 55% for a distance of 100 feet or more, or 300 feet as measured from the watercourse or lake transition line, which ever is less. All operations on slopes exceeding 65% within an inner gorge of a Class I or II watercourse shall be reviewed by a Registered Geologist prior to plan approval, regardless of whether they are proposed within a WLPZ or outside of a WLPZ.
(k) From October 15 to May 1, the following shall apply: (1) no timber operations shall take place unless the approved plan incorporates a complete winter period operating plan pursuant to 14 CCR 914.7(a), (2) unless the winter period operating plan proposes operations during an extended period with low antecedent soil wetness, no tractor roads shall be constructed, reconstructed, or used on slopes that are over 40 percent and within 200 feet of a Class I, II, or III watercourse, as measured from the watercourse or lake transition line, and (3) operation of trucks and heavy equipment on roads and landings shall be limited to those with a stable operating surface.
(l) Construction or reconstruction of logging roads, tractor roads, or landings shall not take place during the winter period unless the approved plan incorporates a complete winter period operating plan pursuant to 14 CCR 914.7(a) that specifically address such road construction. Use of logging roads, tractor roads, or landings shall not take place at any location where saturated soil conditions exist, where a stable logging road or landing operating surface does not exist, or when visibly turbid water from the road, landing, or skid trail surface or inside ditch may reach a watercourse or lake. Grading to obtain a drier running surface more than one time before reincorporation of any resulting berms back into the road surface is prohibited.
(m) All tractor roads shall have drainage and/or drainage collection and storage facilities installed as soon as practical following yarding and prior to either (1) the start of any rain which causes overland flow across or along the disturbed surface within a WLPZ or within any ELZ or EEZ designated for watercourse or lake protection, or (2) any day with a National Weather Service forecast of a chance of rain of 30 percent or more, a flash flood warning, or a flash flood watch.
(n) Within the WLPZ, and within any ELZ or EEZ designated for watercourse or lake protection, treatments to stabilize soils, minimize soil erosion, and prevent the discharge of sediment into waters in amounts deleterious to aquatic species or the quality and beneficial uses of water, or that threaten to violate applicable water quality requirements, shall be applied in accordance with the following standards:
(1) The following requirements shall apply to all such treatments.
(A) They shall be described in the plan.
(B) For areas disturbed from May 1 through October 15, treatment shall be completed prior to the start of any rain that causes overland flow across or along the disturbed surface.
(C) For areas disturbed from October 16 through April 30, treatment shall be completed prior to any day for which a chance of rain of 30 percent or greater is forecast by the National Weather Service or within 10 days, whichever is earlier.
(2) The traveled surface of logging roads shall be treated to prevent waterborne transport of sediment and concentration of runoff that results from timber operations.
(3) The treatment for other disturbed areas, including: (A) areas exceeding 100 contiguous square feet where timber operations have exposed bare soil, (B) approaches to tractor road watercourse crossings between the drainage facilities closest to the crossing, (C) road cut banks and fills, and (D) any other area of disturbed soil that threatens to discharge sediment into waters in amounts deleterious to the quality and beneficial uses of water, may include, but need not be limited to, mulching, rip-rapping, grass seeding, or chemical soil stabilizers. Where straw, mulch, or slash is used, the minimum coverage shall be 90%, and any treated area that has been subject to reuse or has less than 90% surface cover shall be treated again prior to the end of timber operations. The RPF may propose alternative treatments that will achieve the same level of erosion control and sediment discharge prevention.
(4) Where the undisturbed natural ground cover cannot effectively protect beneficial uses of water from timber operations, the ground shall be treated by measures including, but not limited to, seeding, mulching, or replanting, in order to retain and improve its natural ability to filter sediment, minimize soil erosion, and stabilize banks of watercourses and lakes.
(o) As part of the plan, the RPF shall identify active erosion sites in the logging area, assess them to determine which sites pose significant risks to the beneficial uses of water, assess them to determine whether feasible remedies exist, and address in the plan feasible remediation for all sites that pose significant risk to the beneficial uses of water.
(p) The erosion control maintenance period on permanent and seasonal roads and associated landings that are not abandoned in accordance with 14 CCR 923.8 shall be three years.
(q) Site preparation activities shall be designed to prevent soil disturbance within, and minimize soil movement into, the channels of watercourses. Prior to any broadcast burning, burning prescriptions shall be designed to prevent loss of large woody debris in watercourses, and vegetation and duff within a WLPZ, or within any ELZ or EEZ designated for watercourse or lake protection. No ignition is to occur within any WLPZ, or within any ELZ or EEZ designated for watercourse or lake protection. When burning prescriptions are proposed, the measures or burning restrictions which are intended to accomplish this goal shall be stated in the plan and included in any required burning permit. This information shall be provided in addition to the information required under 14 CCR 915.4.
(r) Water drafting for timber operations from within a channel zone of a natural watercourse or from a lake shall conform with the following standards:
(1) The RPF shall incorporate into the THP:
(A) a description and map of proposed water drafting locations,
(B) the watercourse or lake classification, and
(C) the general drafting location use parameters (i.e., yearly timing, estimated total volume needed, estimated total uptake rate and filling time, and associated water drafting activities from other THPs).
(2) On Class I and Class II streams where the RPF has estimated that:
(A) bypass flows are less than 2 cubic feet per second, or
(B) pool volume at the water drafting site would be reduced by 10%, or
(C) diversion rate exceeds 350 gallons per minute, or
(D) diversion rate exceeds 10% of the above surface flow; no water drafting shall occur unless the RPF prepares a water drafting plan to be reviewed and, if necessary a stream bed alteration agreement issued, by DFG and approved by the Director. The Director may accept the project description and conditions portion of an approved "Streambed Alteration Agreement" issued under the Fish and Game Code (F&GC 1600 et seq.) which is submitted instead of the water drafting plan described in 14 CCR s 916.9(r)(2)(D)(1-5).
The water drafting plan shall include, but not be limited to:
1. disclosure of estimated percent streamflow reduction and duration of reduction,
2. discussion of the effects of single pumping operations, or multiple pumping operations at the same location,
3. proposed alternatives and discussion to prevent adverse effects (e.g. reduction in hose diameter, reduction in total intake at one location, described allowances for recharge time, and alternative water drafting locations),
4. conditions for operators to include an operations log kept on the water truck containing the following information: Date, Time, Pump Rate, Filling Time, Screen Cleaned, Screen Conditions, and Bypass flow observations,
5. a statement by the RPF for a pre-operations field review with the operator to discuss the conditions in the water drafting plan.
(3) Intakes shall be screened in Class I and Class II waters. Screens shall be designed to prevent the entrainment or impingement of all life stages of fish or amphibians. Screen specifications shall be included in the plan.
(4) Approaches to drafting locations within a WLPZ shall be surfaced with rock or other suitable material to avoid generation of sediment.
(s) No timber operations are allowed in a WLPZ, or within any ELZ or EEZ designated for watercourse or lake protection, under emergency notices or exemption notices except for hauling on existing roads, road maintenance, operations conducted for public safety, construction or reconstruction of approved watercourse crossings, temporary crossings of dry Class III watercourses which do not require a "Streambed Alteration Agreement" under the Fish and Game Code or forest conditions requiring harvesting that is approved by a letter of concurrence from DFG.
(t) No salvage logging is allowed in a WLPZ without an approved HCP, an SYP, or an approved plan that contains a section that sets forth objectives, goals, and measurable results for streamside salvage operations.
(u) Nonstandard practices (i.e., waivers, exceptions, in-lieu practices, and alternative practices) shall comply with the goal set forth in subsection (a) above as well as with the other requirements set forth in the rules.
(v) The Director may approve alternatives provided the alternative practice will achieve the goal of this section. The Director shall not accept for inclusion in a plan any alternative practice as described in this section where two or more agencies listed in 4582.6 of the PRC and 14 CCR 1037.3 have submitted written comments which lead to the Director's conclusion that the proposed alternative will not meet the goal of this section and the agency(ies) participated in the review of the plan, including an on-the-ground inspection.
(w) Other measures that would effectively achieve the goal set forth in 14 CCR 916.9(a) may be approved in accordance with 14 CCR 916.6.
(x) The provisions of 14 CCR 916.9 shall not apply to a plan that is subject to an incidental take permit based upon an approved Habitat Conservation Plan that addresses anadromous salmonid protection.
(y) This section shall expire on December 31, 2007.

Note: Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code.






s 916.10. Domestic Water Supply Protection.
(a) When proposed timber operations may threaten to degrade a domestic water supply the Director shall evaluate any mitigations recommended prior to the close of the public comment period (PRC 4582.7) and shall require the adoption of those practices which are feasible and necessary to protect the quality and beneficial use of the supply.
(b) The Director may require a post-harvest evaluation of the effectiveness of the mitigations and practices designed to protect the domestic water supply as a condition of plan approval. The Director shall require an evaluation at the request of the California Regional Water Quality Control Board, or any affected water purveyor, if the necessity for the evaluation is supported by substantial evidence in the record. This evidence may include, but is not limited to, potential land failures, accelerated rate of road construction or harvesting within a watershed, concentration or intensity of harvesting activity near streams or springs. The design and implementation of the evaluation shall be done in consultation with the Director, appropriate RWQCB, and THP submitter, and the sufficiency of the information requested by the Director shall be judged in light of reasonableness and practicality. (continued)