Cal. Code Regs. tit. 14 § 936.6

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 936.6 - 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 § 936.3 and 956.4(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 § 936.4(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 PRC § 4582.6 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 § 936.5, 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.

Cal. Code Regs. Tit. 14, § 936.6

1. Repealer and new section filed 5-31-83; designated effective 7-1-83 (Register 83, No. 23).
2. Editorial correction of 5-31-83 order filed 6-30-83 redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No. 27).
3. Amendment of subsection (a), repealer of subsection (a)(1), new subsections (a)(1)(A)-(E), and amendment of subsection (b) filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
4. Change without regulatory effect amending section filed 12-20-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 51).

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).