Cal. Code Regs. tit. 14 § 898

Current through Register 2024 Notice Reg. No. 18, May 3, 2024

Section 898 - Feasibility Alternatives

After considering the Rules of the Board and any mitigation measures proposed in the Plan, the RPF shall indicate whether the operation would have any Significant Adverse Impact on the Environment. On TPZ lands, the harvesting per se of trees shall not be presumed to have a Significant Adverse Impact on the Environment. If the RPF indicates that significant adverse impacts will occur, the RPF shall explain in the Plan why any alternatives or additional mitigation measures that would significantly reduce the impact are not Feasible.

Cumulative Impacts shall be assessed based upon the methodology described in Board Technical Rule Addendum Number 2, Forest Practice Cumulative Impacts Assessment Process and shall be guided by standards of practicality and reasonableness. The RPF's and Plan submitter's duties under this section shall be limited to closely related past, present and Reasonably Foreseeable Probable Future Projects within the same ownership and to matters of public record. The Director shall supplement the information provided by the RPF and the Plan submitter when necessary to ensure that all relevant information is considered.

When assessing Cumulative Impacts of a proposed project on any portion of a waterbody that is located within or downstream of the proposed Timber Operation and that is listed as water quality limited under § 303(d) of the Federal Clean Water Act, the RPF shall assess the degree to which the proposed operations would result in impacts that may combine with existing listed stressors to impair a waterbody's Beneficial Uses, thereby causing a significant adverse effect on the environment. The Plan preparer shall provide Feasible mitigation measures to reduce any such impacts from the Plan to a level of insignificance, and may provide measures, insofar as Feasible, to help attain water quality standards in the listed portion of the waterbody.

The Director's evaluation of such impacts and mitigation measures will be done in consultation with the appropriate RWQCB.

Cal. Code Regs. Tit. 14, § 898

1. New NOTE filed 5-19-8 as procedural and organizational; designated effective 7-6-78 (Register 78, No. 20).
2. Amendment filed 2-21-79; effective thirtieth day thereafter (Register 79, No. 9).
3. Amendment of NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
4. Amendment filed 3-2-79 as an emergency; designated effective 3-23-79. Certificate of Compliance included, (Register 79, No. 9).
5. Repealer and new section filed 7-3-86; effective thirtieth day (Register 86, No. 27).
6. Amendment filed 8-26-91; operative 8-26-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 20).
7. Amendment of first paragraph filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
8. Amendment adding last three paragraphs filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
9. Amendment of subsection (a) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
10. Amendment of subsection (a) filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
11. Amendment of last paragraph filed 7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 28).
12. Amendment of subsection (a) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
13. Amendment of subsection (a) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
14. Amendment of subsection (a) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
15. Amendment of subsection (a) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
16. Repealer of subsection (a) filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
17. Change without regulatory effect amending section filed 7-26-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 30).

Note: Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4551.5 and 4582.75, Public Resources Code; and Laupheimer v. State (1988) 200 Cal.App.3d 440; 246 Cal.Rptr. 82.