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(6) A proposed route that will acquaint the designated biologist and other reviewers with the important owl habitat.
(7) Attach aerial photos of the area, if available. (Aerial photos are not required).
(c) Where certification is made by the RPF and adequate records are kept showing that owl surveys were conducted sufficient to demonstrate the absence of owls from an area, the THP will be reviewed on a high priority basis. The THP shall contain verification that:
(1) The surveys have been conducted throughout the area within .7 miles of the boundary in accordance with USFWS approved protocols ( "Guidelines for Surveying Proposed Management Activities That May Impact Northern Spotted Owls"; U.S. Fish and Wildlife Service; March 7, 1991).
(2) The surveys were conducted during the current or immediately preceding survey period as prescribed by the previously cited USFWS approved protocol.
(3) The surveys reveal no nest sites, activity centers or owl observations in the area surveyed; and
(4) The surveys reveal no activity centers, active nest sites or repeated observations indicating the presence of mates and/or young within 1.3 miles of the boundary based on a review of the landowner's and RPF's personal knowledge and the Department's spotted owl data base.
(d) If the plan submitter proposes to proceed under an "incidental taking" permit or any other permit covering the Northern spotted owl issued by the. U.S. Fish and Wildlife Service, the submitter shall supply a copy of the permit upon the Department's request.
(e) If the submitter proposes to proceed pursuant to the outcome of a discussion with the U.S. Fish and Wildlife Service, the submitter shall submit a letter prepared by the RPF that the described or proposed management prescription is acceptable to the USFWS.
(f) If:
(1) the submitter's proposed operations were reviewed by a designated biologist under sections 919.9(a)/939.9(a); and
(2) the designated biologist recommended minimum modifications to the proposed operations which would be necessary to bring the impacts to a level at which no "take" would occur and the submitter has adopted those recommendations; and
(3) the proposed operations remain substantially the same as the operations which the designated biologist reviewed, the submitter shall provide a copy of the recommendations made by the designated biologist and the submitter shall explain how the proposed operations comply with those recommendations.
(g) Where a nest site or activity center has been located within the THP boundary or within 1.3 miles of that boundary, the RPF shall determine and document within the THP that the habitat described in (1)-(5) below will be retained after the proposed operations are completed:
(1) Within 500 feet of the active nest site or pair activity center the characteristics of functional nesting habitat must be maintained. No timber operations shall be conducted in this area during the breeding season unless reviewed by the Department of Fish and Game and approved by the Director as not constituting a take. Timber operations may be conducted in this area outside the breeding season if appropriate measures are adopted to protect nesting habitat.
(2) Within 500-1000 feet of the active nest site or pair activity center, retain sufficient functional characteristics to support roosting and provide protection from predation and storms.
(3) 500 acres of owl habitat must be provided within a .7 mile radius of the active nest site or pair activity center, unless an alternative is reviewed by the Department of Fish and Game and approved by the Director as not constituting a take. The 500 acres includes the habitat retained in subsections (1) and (2) above and should be as contiguous as possible. Less than 50% of the retained habitat should be under operation in any one year, unless reviewed by the Department of Fish and Game and approved by the Director as not constituting a take.
(4) 1336 total acres of owl habitat must be provided within 1.3 miles of each nest site or pair activity center, unless an alternative is reviewed by the Department of Fish and Game and approved by the Director as not constituting a take. The 1336 acres includes the habitat retained within subsections (1)-(3) above.
(5) The shape of the areas established pursuant to subsections (1) and (2) shall be adjusted to conform to natural landscape attributes such as draws and streamcourses while retaining the total area required within subsections (1) and (2) above.
Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513, 4551.5, 4582.75, 4583, Public Resources Code; and 50 CFR 17.11.
s 919.10. Take of Northern Spotted Owl.
The designated biologist and the Director shall apply the following criteria to the information provided by the plan submitter and obtained during the review period to make a finding as to whether the timber operations, as proposed, will "take" an individual northern spotted owl. The designated biologist shall use the best professional judgment in making that finding.
(a) The designated biologist shall determine that the proposed habitat modification would result in "harm" to an individual spotted owl if any of the following conditions exist:
(1) Feeding habits would be significantly impaired because prey base or ability to catch prey would be adversely altered;
(2) Breeding success would be significantly impaired because of a reduction in surrounding owl habitat before the young have had an opportunity to successfully disperse from their nesting site;
(3) Nesting behavior would be significantly impaired because the nest site or adjoining area up to 500 feet from the nest site would be adversely altered; or
(4) Sheltering (which includes roosting, feeding, and nesting) would be significantly impaired because the ability to escape predators, survive severe weather, or find appropriate microclimes would be adversely altered.
(b) The designated biologist and the Director shall determine that an individual northern spotted owl would be "harassed" by the proposed timber operations if there is a likelihood that any of the following conditions exist:
(1) Feeding habits would be significantly disrupted because the prey base or the ability to catch prey would be impaired;
(2) Breeding success would be significantly disrupted;
(3) Nesting behavior would be significantly disrupted because activities would be conducted within 500 feet of a nest site; or
(4) Sheltering (which includes roosting, nesting, or feeding) would be significantly disrupted because the ability to escape predators, survive severe weather, or find appropriate microclimes would be adversely altered.
(C) If the designated biologist concludes that the proposed operations will result in a taking of the owl, he/she shall provide the plan submitter with the following information:
(1) The reasons for the determination, including an analysis of the factors set forth in this section;
(2) The information which was relied upon and which was instrumental in making the determination; and
(3) Recommendations for minimum modifications to the proposed operations which would be necessary to bring the impacts to a level at which "take" would not occur.
Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4313, 4551.5, 4582.75 and 4583, Public Resources Code; 50 CFR 17.11.
s 919.11. Marbled Murrelet Protective Measures.
Where there is evidence of an "active murrelet site" in or adjacent to the THP area, or where there is evidence of a potential impact to a murrelet, the Director shall consult with DFG as to whether the proposed THP will result in a "take" or "jeopardy" (pursuant to the California Endangered Species Act) of the murrelet before the Director may approve or disapprove a THP. Biological Assessments submitted with the THP that are prepared according to the Department of Fish and Game Guidelines for Consultation (Fish and Game Code Section 2090) shall be provided to the DFG during consultation. If DFG determines jeopardy or a take will occur as a result of operations proposed in the THP, the Director shall disapprove the THP unless the THP is accompanied by authorization by a wildlife agency acting within its authority under state or federal endangered species acts.
Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 2053, 2080.1, 2090-2097, 2830 and 2835, Fish and Game Code; Sections 4513 and 4551.5, Public Resources Code; and the federal Endangered Species Act of 1973, 16 U.S.C. et seq.
s 919.12. Sensitive Species Classification.
The Board of Forestry has the responsibility under the FPA to provide protection to all species occurring in the state's forestlands. The procedure to identify those species that warrant special protection during timber operations is described as follows:
(a) The public or public agencies may petition the Board to classify a species as a "Sensitive Species." For the Board to consider such a petition, it must contain a discussion of the following topics:
(1) Range and distributional status of the species which includes an assessment of occurrence in timberland as defined by the FPA and rules.
(2) Indices of population trends describing the abundance of the species.
(3) Biotic and abiotic factors affecting the population viability or status of the species. Specific attention should be given to factors related to forest management and harvesting. This should include threats to population and habitat viability, including direct, indirect, and cumulative effects from these and other threats.
(4) Habitat availability and trends that include, but are not limited to, an assessment of the following as appropriate:
A. Dependence on general habitat conditions altered by typical forest management activities and projected time for habitat recovery,
B. Dependence on special habitat elements adversely impacted by timber operations,
C. Habitat continuity and juxtaposition requirements as an evaluation of sensitivity to habitat fragmentation.
(5) Suggested feasible protective measures required to provide for species protection.
(6) Other information specific to the species proposed that the petitioner believes to be relevant in assisting the Board to evaluate the petition.
(7) Sources of information relied upon to complete the petition.
(8) Recommended forest practice rules to provide guidance to RPF's, LTO's, landowners and the Director on species protection.
(9) The potential economic impacts of classifying a species sensitive.
(b) The Board will consult with the U.S. Fish and Wildlife Service, the California Fish and Game Commission, the California Department of Fish and Game, and others as appropriate. After consultation, the Board shall classify a species as sensitive after a public hearing if it finds:
(1) The California population requires timberland as habitat for foraging, breeding, or shelter, and
(2) The California population is in decline or there is a threat from timber operations, and
(3) Continued timber operations under the current rules of the Board will result in a loss of the California population viability.
(c) The Board shall consult with the U.S. Fish and Wildlife Service, the California Department of Fish and Game, and others as appropriate. After consultation and a public hearing, the Board will declassify a species as sensitive if it no longer meets the criteria for classification.
(d) The Board shall consider, and when possible adopt, regulations using the best available scientific information to establish the feasible mitigations for protection of the species at the same time such species is classified sensitive.
(e) Where rules are not adopted for the protection of the species at the time of classification, the Board shall begin development of proposed regulations for protection of the species.
Within one year of the classification of a species as sensitive, the Board shall hold a hearing on proposed regulations to establish the protection standards for that species according to the best available scientific information.
Note: Authority cited: Sections 4551, 4552, 4553 and 4582, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4552 and 4582, Public Resources Code.
s 919.13. Marbled Murrelet Survey Requirements.
Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513 and 4551.5, Public Resources Code.
s 919.14. Marbled Murrelet Protective Measures.
Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513 and 4551.5, Public Resources Code.
s 919.15. Mitigation of Wildlife Impacts.
Note: Authority cited: Sections 4551 and 21160, Public Resources Code. Reference: Sections 4512, 4513 and 21001, Public Resources Code; Sierra Club v. Board of Forestry, 285 Cal.Rptr. 744 (Sept. 23, 1991 Rehg. granted Oct. 23, 1991).
s 919.16. Late Succession Forest Stands.
(a) When late succession forest stands are proposed for harvesting and such harvest will significantly reduce the amount and distribution of late succession forest stands or their functional wildlife habitat value so that it constitutes a significant adverse impact on the environment as defined in Section 895.1, the RPF shall provide habitat structure information for such stands.
A statement of objectives over time shall be included for late succession forest stands on the ownership. The THP, SYP, or NTMP shall include a discussion of how the proposed harvesting will affect the existing functional wildlife habitat for species primarily associated with late succession forest stands in the plan or the planning watershed, as appropriate, including impacts on vegetation structure, connectivity, and fragmentation. The information needed to address this subsection shall include, but is not limited to:
(1) -A map(s) showing: A) late succession forest stands within the planning watershed and any other stands that provide functional wildlife habitat for species primarily associated with late succession forest stands that are on the ownership, B) those stands which are currently proposed to be harvested, and C) known stands on other ownerships.
(2) -A list of fish, wildlife and listed species known to be primarily associated with the late succession forest stands in the planning watershed(s) compiled by the RPF or supervised designee using the "California Wildlife Habitat Relationships System" (WHR), the California Natural Diversity Database, and local knowledge of the planning watershed.
(3) -Description of functional wildlife habitat elements that are important for fish, wildlife and listed species primarily associated with late succession forest stands within the planning watershed(s).
(4) -A description of the structural characteristics for each late succession forest stand and any other stands that provide functional wildlife habitat for species primarily associated with late succession forest stands within the planning watershed including a discussion of important functional wildlife habitat elements identified in (3). Methods used to develop the description, which may be an ocular estimate, shall also be described.
(5) -A description of the functional wildlife habitat objectives, such as anticipated long-term landscape patterns, stand structure for late succession forest stands and any other stands that provide functional wildlife habitat for species primarily associated with late succession forest stands, and a discussion of anticipated recruitment procedures for important functional wildlife habitat elements. Coordination of functional wildlife habitat objectives on landscape features among ownerships within mixed-ownership planning watersheds is encouraged.
(6) -An analysis of the long-term significant adverse effects on fish, wildlife, and listed species known to be primarily associated with late succession forests.
(b) Where timber operations will result in long-term significant adverse effects on fish, wildlife, and listed species known to be primarily associated with late succession forests in a THP, SYP, NTMP or planning watershed, feasible mitigation measures to mitigate or avoid such long-term significant adverse effects shall be described and incorporated in the THP, SYP or NTMP. Where long-term significant adverse effects cannot be avoided or mitigated, the THP, SYP, or NTMP shall identify the measures that will be taken to reduce those remaining effects and provide reasons for overriding concerns pursuant to 14 CCR Section 898.1(g), including a discussion of the alternatives and mitigation considered.
(c) A THP, SYP, or NTMP submitter may request that the Director waive subsection (a) above. The Director, after conferring with review team agencies with jurisdiction, may waive subsection (a) above when substantial evidence is presented that would support a determination that post-harvest late succession forest stands or functional wildlife habitat will continually provide adequate structure and connectivity to avoid or mitigate long-term significant adverse effects on fish, wildlife, and listed plant species known to be primarily associated with late succession forest stands within the planning watersheds.
Note: Authority cited: Sections 4551, 4551.5, 4553, 4562.5, 4562.7 and 21160, Public Resources Code. Reference: Sections 4512, 4513, 4526, 4551.5, 4562.5, 5093.50, 21001(f) and 21080.5, Public Resources Code; Section 5650(c), Fish and Game Code; 16 USC 1532; 50 CFR 17.3; 50 CFR 17.11.
s 919.17. Protection of Old Growth Forest Components.
Note: Authority cited: Sections 4551 and 21160, Public Resources Code. Reference: Sections 4512, 4513 and 21001, Public Resources Code; Sierra Club v. Board of Forestry, 285 Cal.Rptr. 744 (Sept. 23, 1991 Rehg. granted Oct. 23, 1991).
s 919.18. Protection of Ancient Forest Components.
Note: Authority cited: Sections 4551 and 21160, Public Resources Code. Reference: Sections 4512, 4513 and 21001, Public Resources Code; Sierra Club v. Board of Forestry, 285 Cal.Rptr. 744 (Sept. 23, 1991 Rehg. granted Oct. 23, 1991).
s 920. Violations of Rules Prior to Changes.
Amendment, modification, or repeal of rules shall not, unless otherwise provided, bar action on prior violations of rules as they stood at the time of violation.
Note: Authority cited for Article 10 (Section 920): Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4512, 4513 and 4583, Public Resources Code.
s 921. Coastal Commission Special Treatment Areas.
The purpose of this article is to protect the natural and scenic qualities as reflected in the criteria and objectives for each of the Coastal Commission Special Treatment Areas designated and adopted by the California Coastal Commission on July 5, 1977, while at the same time allowing management and orderly harvesting of timber resources within these areas. In addition to the statutes and other regulations governing timber harvesting, the following practices are required when conducting timber operations in such Special Treatment Areas.
Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4551.5 and 30417, Public Resources Code.
s 921.1. Preliminary Field Work and Timber Harvesting Plans.
(a) The following preliminary field work shall be required in the Coastal Commission Special Treatment Areas and shall be completed prior to submission of the plan to the Director:
(1) When a boundary of a Coastal Commission Special Treatment Area is within or contiguous to a plan area, the boundary shall be clearly identified on the ground by the RPF preparing the plan or supervised designee, with paint, flagging, or other suitable means.
(2) All tractor roads and skid trails that require substantial soil displacement shall be clearly marked on the ground with flagging or other appropriate marking.
(3) The boundary of all sides and areas with visible evidence of slope instability which extend to the watercourse and lake protection zone shall be flagged or otherwise adequately marked on the ground.
(4) The following wildlife consideration shall be followed:
(A) Live trees, as designated on the ground by the Departments of Fish and Game or Forestry or the RPF or supervised designee with visible evidence of current use as nesting sites by hawks, owls, or waterfowl shall not be marked for cutting.
(5) In applying the rules, the RPF shall, when selecting feasible alternatives required by 14 CAC 898, follow the criteria and management objectives used by the Coastal Commission in selecting that area for special treatment. (See Title 14, California Administrative Code, Section 912.)
(b) The following shall be adhered to in submitting plans for Coastal Commission Special Treatment Areas.
(1) Plan maps shall be at a scale of at least 4 inches to the mile (6.3 cm per km).
(2) Plan maps must show the location of and identify the following: All log landings proposed to be used, and all main skid trails, all logging roads, all watercourses, lakes, marshes and boundaries of Coastal Commission Special Treatment Areas within or contiguous to the plan area.
(3) An initial inspection of the area in which timber operations are to be conducted shall be made within 10 days from the date of filing of the plan, or such longer period as may be mutually agreed upon by the Director and the person submitting the plan. The RPF who prepared the plan shall attend the initial inspection. The timber owner and timber operator or their agents should attend the initial inspections.
Note: Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4551.5, 4582 and 30417, Public Resources Code.
s 921.2. Exemptions from Timber Harvesting Plan Requirements.
To ensure that the protection necessary to maintain the integrity of Coastal Commission Special Treatment Areas is achieved, the following requirements shall apply to the timber operations exempt from filing of Timber Harvesting Plans under 14 CAC 1038.
(a) The requirements of 14 CAC 921.1(a) and (b) shall apply with the exception that, at the discretion of the Director, an initial inspection may not be required. Harvesting of Christmas trees are exempt from timber marking requirements.
(b) The Director shall acknowledge in writing, and within 10 days, acceptance or rejection of the notice of timber operations. Timber operations shall not commence until the Director's acceptance has been received by the person who filed the notice.
(c) The requirements of PRC 4585, Completion Report, and PRC 4587, Stocking Reports, shall apply to exempt operations within the Coastal Commission Special Treatment Areas.
Note: Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4551.5 and 30417, Public Resources Code.
s 921.3. Silvicultural Methods.
The objective of this Section is to prescribe silvicultural methods that will protect the long-term productivity of soils and timberlands in Coastal Commission Special Treatment Areas and protect the natural and scenic qualities of these areas. The following silvicultural methods as prescribed below will be applied in Coastal Commission Special Treatment Areas. 14 CAC 913 through 913.6, defines these methods.
(a) Commercial Thinning or Selection Methods. When the commercial thinning or the selection silvicultural method is used the following standards are required:
(1) For an initial entry into an even-aged stand, leave a well distributed timber stand after cutting and logging operations have been completed on the cut area at least 40% by number of those trees 18 inches (45.7 cm) and more d.b.h. present prior to commencement of current timber operations and at least 50% by number of those over 12 inches (30.5 cm) d.b.h. but less than 18 inches (45.7 cm) or more d.b.h. All leave trees shall be thrifty coniferous trees which are free from substantial damage caused by timber operations, and leave trees shall have the characteristics of a "countable tree" as described in Section 4528(b). No conifer tree shall be cut which is more than 75 feet (22.86 m) from a leave tree 12 inches (30.5 cm) d.b.h. or larger located within the logging area. Average top stump diameter, outside bark, shall be considered 1 inch (2.5 cm) greater than d.b.h.
(2) For timber stands where more than one age class is present, leave at least 50% by number of those trees over 12 inches d.b.h. Leave trees and established conifer regeneration shall amount to 50% of the pre-existing tree crown canopy cover. All leave trees shall be thrifty coniferous trees which are free from substantial damage caused by timber operations, and leave trees shall have the characteristics of a "countable tree" described in Section 4528(b) Public Resources Code. No conifer tree shall be cut which is more than 75 feet from a 3 point countable tree within the logging area.
(3) A report of stocking as described in PRC 4587 shall be filed within six months following completion of work as described in the plan.
(b) Sanitation-Salvage Method. When the sanitation-salvage silivcultural method is used the following practices are required:
(1) Restrictions on time periods for subsequent timber operations shall not apply to the sanitation-salvage silvicultural method.
(2) A determined effort shall be made to regenerate any cut area during the first planting season following log removal. Necessary site preparation, planting or seeding shall be completed within the first planting season following logging, except where unusual and adverse weather conditions require extending site preparation and planting into the following planting season. Deficiencies in stocking shall be corrected by planting annually at least three times if necessary to meet the stocking standards in 14 CAC 921.4.
(3) Where the result of the cutting would have the effect of a clearcut all of the restrictions in this section pertaining to the use of clearcuts shall apply, except for 1) areas which are currently suffering severe damage due to insects or disease and the removal of the entire affected area is deemed necessary by a forest pathologist or forest entomologist and agreed to by the Director to prevent the spread of the disease or insects, or 2) except for areas which have recently been burned over and the RPF determined recovery of the affected area is unlikely.
(c) Clearcutting Method. The clearcutting method provides for harvesting of the entire existing timber stand in one harvest in an area. Every reasonable effort shall be made by the RPF to use silvicultural methods other than clearcutting to protect the natural and scenic values in the Coastal Commission Special Treatment Areas. The clearcutting method is not authorized for Special Treatment Areas in the Southern Subdistrict of the Coast Forest District.
(1) The clearcutting method may be used when justified and explained in the plan and found in conformance by the Director for one or more of the following reasons:
(A) Leave trees would be subject to severe damage from sunburn, saltburn, and/or windthrow.
(B) Conifer stand improvement necessitates the clearing of a stand of hardwoods.
(C) Leave trees would prevent regeneration of the principal conifer species.
(D) Old growth stands where 70% or more of the countable trees over 36 inches (91.4 cm) d.b.h. are more than 200 years old.
(E) Timber stands where trees are infected with insects or diseases, and there is significant risk for substantial loss of standing timber or timber growth.
(2) Clearcut areas shall not exceed 10 acres (4.047 ha) in size, but may be enlarged to not more than 15 acres (6.070 ha) when explained and justified in the plan, and when found in conformance with the rules of the Board. Exceptions to the 10 acre (4.047 ha) size limit may be proposed by the RPF preparing the plan when in his or her judgment the result will be overall reduction of soil erosion due to logging and road construction, or when it is necessary to include "long corners" to take advantage of topography for a more natural logging unit.
(3) Clearcut areas of 10 acres or larger regardless of ownership shall be separated by a logical logging unit not less than 300 feet (91.44 m) in width between the clearcut areas. Except for the sanitation-salvage, commercial thinning, and selection silvicultural method, no other harvesting shall take place in the unit adjacent to the clearcut areas until a 50% crown cover of conifer tree species has been attained in the clearcut areas. Contiguous clearcuts may occur without regard to ownership only when the total combined acreage in the area clearcut is no more than ten (10) acres.
(4) Straight boundaries and a quadrilateral appearance should be avoided in defining and logging the area to be clearcut. The outline of the clearcut area should, where possible, be in accordance aesthetically with natural pattern and features of the topography.
(5) The area to be clearcut must be clearly defined on the ground prior to initial inspection so the Department can readily determine if the full intent of the regulations will be complied with.
(6) No area previously cut under any other silvicultural method, except the sanitation-salvage method, shall be clearcut until 10 years have elapsed.
(7) Regeneration after clearcutting shall be obtained by using conifer trees or seed appropriate to the site. Site preparation and the planting of seedlings and/or seeding shall be completed within the first planting season following logging except where unusual and adverse weather conditions require extending site preparation and planting into the following planting season. Deficiencies in stocking shall be corrected by planting annually, if necessary. Stocking requirements shall be met within 5 years after completion of timber operations.
(d) Rehabilitation Cutting. Rehabilitation cutting may be applied to stands where the primary forest management objective is to reestablish full conifer stocking on lands where brush and hardwoods are the predominate species. Areas harvested for rehabilitation purposes must be significantly understocked with conifers prior to the proposed harvest. The Director may request that a report of stocking be submitted by the RPF prior to approval of the plan. This report will be requested when it cannot be mutually resolved on the ground that the area is significantly understocked. Restrictions applicable to clearcutting in 14 CAC 921.3(c) shall apply to rehabilitation cutting. Leave trees shall be marked in areas harvested for rehabilitation purposes.
(e) Recutting of Logging Areas. Timber operations for removal of trees may only be repeated on a logging area within less than 10 years after completion of a previous timber operation if minimum stocking standards have been met, the reasons for the operation are justified and explained in the plan, and the scenic and/or natural qualities of a stand would be enhanced by lighter or more frequent tree removal. In no instance shall stocking be reduced below the standards provided in 14 CAC 921.4 nor shall more than 60% by numbers of those trees 18 inches (45.7 cm) and more d.b.h. and no more than 50% by numbers of those trees over 12 inches (30.5 cm) d.b.h. but less than 18 inches (45.7 cm) d.b.h. be removed within any one 10 year period.
On timber operations in which cutting has occurred within 10 years preceding the current operations, stumps which are the result of cutting trees within the preceding 10 years shall be counted as trees cut during the current operation in determining percent of trees cut.
Timber operations conducted under the Sanitation-Salvage Silvicultural Method, and the harvesting of minor forest products and incidental vegetation are exempt from the above provisions of this Section.
Note: Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4551.5, 4561 and 30417, Public Resources Code.
s 921.4. Stocking Requirements.
The stocking standards for understocked timberlands and substantially damaged timberlands as provided for by 14 CAC 1080 through 1081.1 and 1085 through 1085.6 are not applicable in Coastal Commission Special Treatment Areas in the Coast Forest District. After completion of timber operations one of the following stocking standards must be met:
(a) Basal Area. The average residual basal area, measured in stems 1 inch (2.5 cm) or larger in diameter at least 125 square feet per acre (28.69 m<>2 per ha) on Site I lands, at least 100 square feet per acre (22.96 m<>2 per ha) on Site II and Site III lands and at least 75 square feet per acre (17.22 m<>2 per ha) on Site IV and V lands, or
(b) Point Count. The area contains an average point count as specified below:
(1) On Site I and II lands, the area contains an average point count of 450 per acre (1111.9 per ha) to be computed as follows:
(A) 450 countable trees per acre (1111.9 per ha) not more than 4 inches (10.2 cm) d.b.h.; each tree to count as 1 towards meeting stocking requirements.
(B) 150 countable trees per acre (370.6 per ha) over 4 inches (10.2 cm) d.b.h. and not more than 12 inches (30.5 cm) d.b.h.; each tree to count as 3 toward meeting stocking requirements.
(C) 75 countable trees per acre (185.3 per ha) over 12 inches (30.5 cm) d.b.h.; each tree to count as 6 toward meeting stocking requirements.
(2) On Site III, IV, and V lands the area contains an average point count of 300 per acre (741.3 per ha) to be computed as follows:
(A) 300 countable trees per acre (741.3 per ha) not more than 4 inches (10.2 cm) d.b.h.; each tree to count as 1 toward meeting stocking requirements.
(B) 100 countable trees per acre (247.1 per ha) over 4 inches (10.2 cm) d.b.h. and not more than 12 inches (30.5 cm) d.b.h.; each tree to count as 3 toward meeting stocking requirements.
(C) 50 countable trees per acre (123.5 per ha) over 12 inches (30.5 cm) d.b.h.; each tree to count as 6 toward meeting stocking requirements.
Redwood root crown sprouts will be counted using the average stump diameter 1 foot (.305 m) above average ground level of the original stump from which the redwood root crown sprouts originate, counting 1 sprout for each 1 foot (.305 m) of stump diameter to a maximum of 6 per stump.
Site classification shall be determined by the RPF who prepared the plan.
Rock outcroppings, meadows, wet areas, or other areas not normally bearing timber shall not be considered as requiring stocking and are exempt from such provisions.
Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4551.5 and 30417, Public Resources Code.
s 921.5. Logging Practices.
The following logging practices shall be adhered to:
(a) Tractor Logging. Tractor logging and tractor preparation of tree layouts shall not be permitted on slopes averaging over 50% where the Erosion Hazard Rating is high or extreme and 60% where the Erosion Hazard Rating is low or moderate, unless it can be shown from past experience on the ground that tractor logging or other types of skidding equipment will cause less disturbance than would result from a feasible alternative method.
(b) Roads. Rules contained in 14 CAC 923.2 through subsection (f) shall be adhered to with the following special requirements.
(1) Roads shall be single lane, not to exceed 16 feet in width and generally the traveled surface shall be no more than 12 feet (3.67 m) in width, except where alignment, safety, and equipment necessary to conduct the operation requires additional width. Deviations shall be explained and justified in the plan.
(2) Waste organic material such as uprooted stumps, cull logs, accumulations of limbs and branches, or nonmerchantable trees shall not be buried in the main body of road fills. Such solid waste material may be used to secure the toe of a fill. Except for prepared crossings, including necessary approaches, sidecast or fill material shall not be placed in the watercourse protection zone unless explained in the plan.
(3) Roads shall not be constructed through slide areas or areas with visible evidence of slope instability unless the alignment is the best available alternative and special design features are incorporated in the plan. There shall be provisions in the plan to maintain the design features or provisions to maintain or improve the stability of the area after completion of road use.
(4) Roads, landings, cuts and fills shall be screened from direct view to the extent feasible by leaving screen trees and other vegetation between the disturbed areas and public areas utilized by substantial numbers of viewers.
(c) Soil disturbance, other than that incident to necessary road maintenance, whether with tractor or by cable means, shall not occur under excessively wet ground conditions that could result in substantial soil compaction and erosion.
(d) Notwithstanding the requirements of 14 CCR 1040, if in construction, rock outcroppings, springs and other physical factors require a change in roads, landings and skid trail location, the location can be changed with the concurrence of an RPF, the operator and the Director's representative provided that such changes in location constitute minor deviations; that RPF shall provide written confirmation of such minor deviations which shall become a part of the plan. All changes in location constituting substantial deviations shall be submitted to the Director as amendments to the plan.
(e) Felling Practices. Up to 10% of the trees that are proposed for cutting may be substituted 1 for 1 with those proposed to be left uncut provided that the leave tree proportion, size class, distribution and general forest appearance of the residual stand as approved in the preliminary field work is preserved.
Justification for the substitution standard shall be based on unavoidable tree damage, safety factors, lean of trees, location of obstructions or roads or openings insufficient to accommodate felled trees.
Note: Authority cited: Sections 4551 and 4562.5, Public Resources Code. Reference: Sections 4551.5, 4562.5, 4562.7 and 30417, Public Resources Code.
s 921.6. Hazard Reduction.
(a) Lopping. Except in the southern subdistrict, to reduce fire hazards, maintain soil fertility, reduce erosion, and improve visual appearance, all slash and debris created by the current operations and within 300 feet of public roads and watercourses open to the public shall be lopped and scattered, chipped, or crushed, prior to April 1st of the year following its creation, so that no material generally remains more than 30 inches (76.2 cm) above the ground.
As an exception to the above requirements after creation of slash and debris, the RPF may propose and, with the concurrence of the Director's representative, delete those areas within 300 feet not visible from roads or watercourses when such requirements are not necessary to reduce fire hazards, to maintain soil fertility, to reduce erosion and to improve visual appearance.
(b) Burning. Broadcast burning shall be prohibited on lands harvested under the commercial thinning and selection silvicultural methods in Coastal Zone Special Treatment Areas. Broadcast burning may be allowed for site preparation purposes in accordance with 14 CAC 917.4 on lands harvested under the clearcut, rehabilitation or sanitation-salvage methods when a prescribed burning plan is submitted as part of the Timber Harvesting Plan which explains and justifies broadcast burning in the Coastal Commission Special Treatment Areas. A determined effort shall be made to protect the surface organic horizon of the soil during the course of any permitted broadcast burning operations.
(c) Snags. All snags within the Watercourse and Lake Protection Zone and within 100 feet (30.48 m) of meadow edges shall be left standing with the following exceptions:
(1) When felling is required for fire or safety reasons, as specified by the rules or CAL-OSHA regulations, or when necessary in sanitation-salvage operations.
(2) When a snag of commercial value is marked for felling by an RPF or supervised designee after an initial preharvest inspection and consultation with the Department of Fish and Game and the timber owner.
Note: Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 451.5, 4562 and 30417, Public Resources Code.
s 921.7. Watercourse and Lake Protection.
Watercourse and lakeside vegetation shall be protected and remain standing to the degree necessary to protect scenic and natural qualities and protect the beneficial uses of water. In addition to the requirements of 14 CAC 916 through 916.9, Coastal Commission Special Treatment Area Watercourse and Lake Protection Zones adjacent to clearcuts or rehabilitation cutting shall be at least 150 feet on each side of Class I or II waters.
Note: Authority cited: Sections 4551, 4553 and 4562.7, Public Resources Code. Reference: Sections 4551.5, 4562.7 and 30417, Public Resources Code.
s 921.8. Buffer Zones Within the Coastal Zone.
The following additional rules shall apply to buffer zones within Coastal Scenic View Corridors and adjacent to publicly owned preserves and recreation areas as defined and/or designated by the Coastal Commission on July 5, 1977.
The buffer zone adjacent to designated Coastal highways shall be a 200 foot (60.96 m) wide band running parallel to the first line of trees nearest the road on appropriate side(s) of the road as designated. In no place shall the buffer zone extend more than 350 feet (106.68 m) from the shoulder of the road. The buffer zone also shall include those forested areas within the Coastal Zone within 200 feet (60.96 m) of all publicly owned preserves and recreation areas including national, state, regional, county, and municipal parks. Said distances shall be measured along the surface of the ground.
(a) The clear-cutting or rehabilitation silvicultural method is prohibited within the designated buffer zones, and a well distributed stand of trees shall be left within said buffer zones upon completion of timber operations, except under exceptional circumstances. Such exceptions shall be explained and justified in the plan and found in conformance by the Director when the proposed exceptions conform to the goals outlined in 14 CAC 921.
(b) Logging roads, tractor roads, and skid trails and landings shall be screened from direct view to the extent feasible by leaving trees and vegetation between the disturbed area and public areas where the disturbance would be visible to substantial numbers of viewers.
s 921.9. Alternatives.
The RPF may propose alternatives to the requirements of this article on a site specific basis. The RPF must explain and justify the proposed alternative in the THP. Alternative measures stated in the plan shall be so written as to provide clear, enforceable standards for the guidance of the timber operator. The Director may approve such alternatives provided the alternative practice will achieve equal protection for each of the goals of Section 921 and protection at least equal to that which would result from using measures stated in Section 921.1-921.8. The Director shall not accept for inclusion in a THP any alternative practice as described in this section where two or more agencies listed in 4582.6 of the PRC and 14 CAC 1037.3 have submitted written comments which lead to the Director's conclusion that the proposed alternative will not meet the intent of the Act and rules and the agencies participated in the review of the plan, including any on-the-ground inspection.
Note: Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4551.5 and 30417, Public Resources Code.
s 923. Logging Roads and Landings.
All logging roads and landings in the logging area shall be planned, located, constructed, reconstructed, used, and maintained in a manner which: is consistent with long-term enhancement and maintenance of the forest resource; best accommodates appropriate yarding systems and economic feasibility; minimizes damage to soil resources and fish and wildlife habitat; and prevents degradation of the quality and beneficial uses of water. The provisions of this article shall be applied in a manner which complies with this standard.
Factors that shall be considered when selecting feasible alternatives (see 14 CCR 897 and 898) shall include, but are not limited to, the following:
(a) Use of existing roads whenever feasible.
(b) Use of systematic road layout patterns to minimize total mileage.
(c) Planned to fit topography to minimize disturbance to the natural features of the site.
(d) Avoidance of routes near the bottoms of steep and narrow canyons, through marshes and wet meadows, on unstable areas, and near watercourses or near existing nesting sites of threatened or endangered bird species.
(e) Minimization of the number of watercourse crossings.
(f) Location of roads on natural benches, flatter slopes and areas of stable soils to minimize effects on watercourses.
(g) Use of logging systems which will reduce excavation or placement of fills on unstable areas.
Note: Authority cited: Sections 4551, 4551.5, 4553 and 4562.5, Public Resources Code. Reference: Sections 4512, 4551.5, 4562.5 and 4562.7, Public Resources Code; California Case Law: Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1972) 59 Cal.App.3d 959, 131 Cal. Rptr. 172.
s 923.1. Planning for Roads and Landings.
The following standards for logging roads and landings shall be adhered to:
(a) All logging roads shall be located and classified on the THP map as permanent, seasonal, or temporary. Road failures on existing roads which will be reconstructed shall also be located on the THP map. In addition to the requirements of 14 CCR 1034(v), the probable location of those landings which require substantial excavation or which exceed one quarter acre in size, shall be shown on the THP map.
(b) New logging roads shall be planned in accordance with their classification and maintenance requirements.
(c) Logging roads and landings shall be planned and located, when feasible, to avoid unstable areas. The Director shall approve an exception if those areas are unavoidable, and site-specific measures to minimize slope instability due to construction are described and justified in the THP.
(d) Where roads and landings will be located across 100 feet or more of lineal distance on any slopes over 65% or on slopes over 50% which are within 100 feet of the boundary of a WLPZ, measures to minimize movement of soil and the discharge of concentrated surface runoff shall be incorporated in the THP. The Director may waive inclusion of such measures where the RPF can show that slope depressions, drainage ways, and other natural retention and detention features are sufficient to control overland transport of eroded material. The Director may require end-hauling of material from areas within 100 feet of the boundary of a WLPZ to a stable location if end-hauling is feasible and is necessary to protect water quality. The Director shall require maintenance provisions in the THP for drainage structures and facilities provided that such maintenance is feasible and necessary to keep roadbeds and fills stable.
(e) New logging roads shall not exceed a grade of 15% except that pitches of up to 20% shall be allowed not to exceed 500 continuous feet (152.4 m). These percentages and distances may be exceeded only where it can be explained and justified in the THP that there is no other feasible access for harvesting of timber or where in the Northern or Southern Districts use of a gradient in excess of 20% will serve to reduce soil disturbance.
(f) Roads and landings shall be planned so that an adequate number of drainage facilities and structures are installed to minimize erosions on roadbeds, landing surfaces, sidecast and fills.
(g) Unless exceptions are explained and justified in the THP, general planning requirements for roads shall include:
(1) Logging roads shall be planned to a single-lane width compatible with the largest type of equipment used in the harvesting operation with turnouts at reasonable intervals.
(2) Roads shall be planned to achieve as close a balance between cut volume and fill volume as is feasible.
(3) When roads must be planned so that they are insloped and ditched on the uphill side, drainage shall be provided by use of an adequate number of ditch drains.
(h) Road construction shall be planned to stay out of Watercourse and Lake Protection Zones. When it is a better alternative for protection of water quality or other forest resources, or when such roads are the only feasible access to timber, exceptions may be explained and justified in the THP and shall be agreed to by the Director if they meet the requirements of this subsection.
(i) The location of all logging roads to be constructed shall be flagged or otherwise identified on the ground before submission of a THP or major amendment. Exceptions may be explained and justified in the THP and agreed to by the Director if flagging is unnecessary as a substantial aid to examining (1) compatibility between road location and yarding and silvicultural systems, or (2) possible significant adverse effects of road location on water quality, soil productivity, wildlife habitat, or other special features of the area.
(j) If logging roads will be used from the period of October 15 to May 1, hauling shall not occur when saturated soil conditions exist on the road.
Note: Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4551 and 4551.5, Public Resources Code; 33 USC 1288(b) and 40 CFR 130.2(q); California Case Law: Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1972) 59 Cal.App.3d 959, 131 Cal. Rptr. 172. (continued)