Cal. Code Regs. Tit. 14, § 1094.8 - Working Forest Harvest Notice Content

Current through Register 2021 Notice Reg. No. 52, December 24, 2021

The Working Forest Harvest Notice shall be a public record. The Department shall post the Working Forest Harvest Notice on the Department's Internet Website. All necessary deviations shall be approved by the Director, pursuant to 14 CCR §§ 1094.23 and 1094.24, prior to submission of a Working Forest Harvest Notice. The Working Forest Harvest Notice shall include all of the following information:

(a) Name, address, and telephone number of the Working Forest Landowner(s).
(b) Name, address, and telephone number of the Designated Agent.
(c) Name, address, and telephone number of the timber owner(s) (if different from Working Forest Landowner(s)).
(d) Name, address, telephone number and license number of the licensed timber operator(s) conducting operations pursuant to the Working Forest Harvest Notice, and the person responsible for on the ground supervision of timber operations (if different from the licensed timber operator(s).
(e) Name, address, telephone number and registration number of the RPF preparing the Working Forest Harvest Notice and the name, address, and registration number of the RPF responsible pursuant to 14 CCR § 1094.11 if different.
(f) A legal description of the land, including acreage, on which the work is proposed to be done including the identification number of the WFMP.
(g) A statement that no archaeological sites have been discovered in the harvest area since the approval of the WFMP or approved deviations.
(h) A statement that state or federally listed threatened, candidate, and endangered species; rare plants; Sensitive Species pursuant to 14 CCR § 895.1; and species that meet the criteria under 14 CCR § 15380(d), have not been discovered, or are not publicly disclosed in writing, within or adjacent to the logging area, since the approval of the WFMP, unless the approved WFMP is amended pursuant to either 14 CCR § 1094.23 or 14 CCR § 1094.24, consistent with 14 CCR § 1094.8(h)(2). After the initial year the Plan is approved, prior to submitting the Working Forest Harvest Notice, a review shall be conducted of the California Natural Diversity Database or another public database approved by the Director after consultation with the Department of Fish and Wildlife for any species listed as state or federally listed threatened, candidate, and endangered species; rare plants; Sensitive Species pursuant to 14 CCR § 895.1; and species that meet the criteria under 14 CCR § 15380(d). When a Working Forest Harvest Notice is filed after the initial year the Plan is approved, it shall comply with the following:
(1) Documented occurrences obtained from a review of public and readily available sources of species that are state or federally listed threatened, candidate, and endangered species; rare plants; Sensitive Species pursuant to 14 CCR § 895.1; and species that meet the criteria under 14 CCR § 15380(d) within the biological assessment area, and outside the area of timber operations, identified in the Working Forest Harvest Notice, and not addressed in the approved Plan shall be submitted to the Director as a minor deviation concurrently with the filing of a Working Forest Harvest Notice.
(2) Documented occurrences of species that are state or federally listed threatened, candidate, and endangered species; rare plants; Sensitive Species pursuant to 14 CCR § 895.1; and species that meet the criteria under 14 CCR § 15380(d) and discovered within the area of timber operations, identified in the Working Forest Harvest Notice, and not addressed in the approved Plan shall be submitted to the Director as a deviation to the WFMP, prior to filing a Working Forest Harvest Notice. The deviation shall contain take avoidance and other mitigation measures developed in consultation with the Department and the appropriate listing agency(s), if no such information is currently contained within the approved Plan or incidental take authorization is provided by the appropriate listing agency(s).
(i) A statement that, based on a field evaluation, there are no physical environmental changes in the Working Forest Harvest Notice area that are so significant as to require any deviation of the WFMP.
(j) A certification by the RPF that states either of the following:
(1) The Working Forest Harvest Notice as carried out will protect the beneficial uses of water, including domestic water supplies, soil stability, forest productivity, and wildlife as provided by the Board Rules and other applicable provisions of law.
(2) Compliance with the Board Rules and the provisions of the FPA that were in effect at the time the WFMP was approved will not result in any significant degradation to the beneficial uses of water, including domestic water supplies, soil stability, forest productivity, or wildlife and shall protect all listed species. This paragraph shall only apply if the RPF certifies that adherence to the current or modified Board Rules would cause unreasonable additional expense, pursuant to PRC § 4583, to the Working Forest Landowner(s).
(k) Special provisions to protect unique areas, if any, within the area of timber operations.
(l) The expected dates of commencement and completion of timber operations during the year.
(m) A statement that the Working Forest Harvest Notice conforms to the provisions of the approved WFMP. If any aspects of the proposed operation are less protective than the current Board Rules and the FPA, an explanation of the deviation and how resource values will be adequately protected.
(n) An update on erosion control mitigation measures for the Harvest Area and any Appurtenant Roads if conditions have changed since the Working Forest Management Plan was approved. The updated erosion control mitigation measures shall comply with Article 12 (commencing with Section 923 ) of Subchapter 4 of, Article 11 (commencing with Section 943 ) of Subchapter 5 of, and Article 12 (commencing with Section 963 ) of Subchapter 6 of, Division 1.5 of Title 14 of the California Code of Regulations. Additionally, the updated information within the Working Forest Harvest Notice shall include disclosure of erosion sites from skid trails, skid trail crossings, or any other structures or sites that have the potential to discharge sediment attributable to timber operations into waters of the state resulting in significant sediment discharge and violation of water quality requirements.
(o) The type of equipment to be used for yarding or logging road construction.
(p) Instructions on felling, yarding, logging road construction or reconstructions, hauling, erosion control work, site preparation, erosion control maintenance, winter operations, watercourse protection measures, slash treatment and logging road maintenance.
(q) A verification that the LTO has been briefed by the RPF on the content of the Working Forest Harvest Notice and intentions of implementation to comply with the Plan.
(r) The minimum diameter of permanent culverts proposed for installation.
(s) A description of Lakes, Wet Meadows and Other Wet Areas.
(t) Description of the standard operating practice(s) to be implemented within the area covered under the Working Forest Harvest Notice.
(u) On a USGS quadrangle or equivalent map, of a scale not less than 2" to the mile, the following information pertinent to the Working Forest Harvest Notice shall be clearly provided. Additional maps may be required to show specific details, and may be planimetric. Color coding on maps may be used if they are able to be reproduced in black and white maps and clearly show all details. A legend shall be included indicating the meaning of the symbols used. See the District Rules for the appropriate minimum mapping acreages. Maps shall be updated to reflect current field conditions.
(1) Boundaries of area(s) where timber operations are to occur under the Working Forest Harvest Notice.
(2) Boundaries of area(s) for specified regeneration methods, intermediate treatments, special harvesting methods, and alternative prescriptions that are to be applied.
(3) Boundaries of area(s) for specified yarding (logging) systems, if more than one (1) system is to be used.
(4) Location of all roads to be used for, or potentially impacted by, timber operations. This shall include:
(A) The classification of all roads as permanent, seasonal, temporary, or deactivated.
(B) Roads and landings located in Watercourses, Lakes, WLPZs, Wet Meadows, or Other Wet Areas, other than at road watercourse crossings.
(C) Roads that provide access to rock pits and water drafting sites, and the location of water drafting sites.
(D) Public roads within one-quarter (1/4) mile of the harvest area.
(E) The location of significant existing and potential erosion sites on all roads and landings pursuant to 14 CCR § 923.1(e).
(5) Location of proposed and existing landings outside the WLPZ that are greater than 1/4 acre in size or whose construction involves substantial excavation.
(6) Location of logging road failures on existing logging roads to be reconstructed.
(7) Location of all new permanent constructed and reconstructed, and temporary logging road watercourse crossings, including those crossings to be abandoned or deactivated.
(8) Designate areas of low, moderate, high or extreme erosion hazard rating, if more than one (1) exists.
(9) Location of Lakes and Watercourse(s) with Class I, II, III or IV waters; and Wet Meadows and Other Wet Areas including when operations are proposed pursuant to 14 CCR § 916.3(c).
(10) Location of known unstable areas or slides.
(11) Location of unique areas.
(12) Location(s) of standard operating practice(s) to be implemented within the area covered under the Working Forest Harvest Notice.
(13) The locations of logging roads and landings to be abandoned or deactivated.
(14) For all constructed and reconstructed logging roads and landings, the location of excess material disposal sites on slopes greater than 40 percent or on active unstable areas.
(15) Location of all tractor road watercourse crossings of classified watercourses except temporary crossings of Class III watercourses without flowing water during timber operations at that crossing.
(16) Location for which heavy equipment use is proposed on unstable areas, or on areas for which tractor use is proposed beyond the limitations of the standard Forest Practice Rules.
(17) Boundaries of any areas where Tractor Operations are proposed for use on areas designated for Cable Yarding.
(v) The Department shall make available a copy of the California Forest Practice Rules, or portions thereof, that apply to each filed Working Forest Harvest Notice.
(w) Proprietary information shall be treated consistent with PRC § 21160 and GOV § 6254.7.
(x) A certification from the RPF that no additional listings of water bodies to Section 303(d) of the Clean Water Act ( 33 U.S.C. Sec. 1313(d) ) list have occurred on the lands of the WFMP since approval of the WFMP.

Notes

Cal. Code Regs. Tit. 14, § 1094.8

Note: Authority cited: Sections 4551, 4551.5, 4552 and 4553, Public Resources Code. Reference: Section 4597.11, Public Resources Code.

1. New section filed 6-2-2017; operative 1-1-2018 pursuant to Public Resources Code section 4554.5(a) (Register 2017, No. 22).
2. Amendment of subsection (n) and new subsection (x) filed 2-15-2019 as an emergency; operative 2-15-2019 (Register 2019, No. 7). Pursuant to Statutes 2018, chapter 626, section 46 (SB 901) this amendment is deemed an emergency, and shall remain in effect until revised by the Board of Forestry and Fire Protection.
3. New subsection (u)(17) filed 11-10-2020; operative 1-1-2021 pursuant to Public Resources Code section 4554.5(a) (Register 2020, No. 46).

The following state regulations pages link to this page.



State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.