Cal. Code Regs. tit. 14 § 1034

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 1034 - Contents of Plan

The Plan shall serve two functions: to provide information the Director needs to determine whether the proposed Timber Operation conforms to the Rules of the Board; and to provide information and direction to Timber Operators so that they comply with the Rules of the Board. For the Plan to serve these functions, it shall, as a minimum, contain the following information:

(a) Name, address, and telephone number of the Timber Owner(s).
(b) Name, address, and telephone number of the Timberland owner(s).
(c) Name, address, telephone number, and License number of the Timber Operator(s).
(d) Name, address, and telephone number of a Person to be contacted on the operation who will be responsible for the conduct of the Timber Operation. If unknown at the time of Plan submission, it shall be provided prior to the start of Timber Operations.
(e) Name, address, and telephone number of the Plan submitter. If the submitter is not a Person indicated in (a), (b), or (c) above, an explanation of his/her authority to submit the Plan shall be provided.
(f) Name, address, telephone number, and registration number of RPF who prepared the Plan. The Plan required for Timberland conversion does not have to be prepared by an RPF.
(g) A description of the Plan area within which Timber Operations are to be conducted. The description shall include the following:
(1) U.S. Geological Survey (USGS) Quadrangle name(s) and date(s),
(2) township, range, and section number(s),
(3) county name(s),
(4) CALWATER 2.2 Planning Watershed number(s), and
(5) approximate acreage.
(h) The forest District and Subdistrict (if any) in which the Timber Operation is located.
(i) Whether a Timberland conversion certificate is in effect, its date of expiration, and its identification number.
(j) Whether a Plan is on file with the Department for any part of the Plan area for which a Report of Satisfactory Stocking has not been issued by the Department (show Plan number).
(k) Expected dates of commencement/completion of Timber Operations.
(l) The types of forest products to be harvested and if management of broadleaf or optional Species is being proposed.
(m) Identity of the Regeneration Methods, Intermediate Treatments, special Harvesting Methods, Alternative Prescriptions, and any information specified by the District Rules. Also for THPs that do not reference an approved Sustained Yield Plan, or do not demonstrate achievement of MSP pursuant to 14 CCR § 913.11(c), the following applies:
(1) The Plan shall provide a description of the stand before and after harvesting including: volume, growth projection, Stocking, and Species composition.
(2) The Director may require such additional information as necessary and Feasible to demonstrate how maximum sustained production of high quality timber products will be achieved for an ownership within a THP.
(n) Type of Yarding (logging) systems and equipment to be used. Yarding systems will be placed in one or more of the following groups:
(1) Animal.
(2) Tractor, skidder, forwarder.
(A) Non-tethered
(B) Tethered
(3) Cable.
(A) Ground-lead.
(B) High-lead.
(C) Skyline.
(4) Balloon, helicopter.
(5) Other, as explained in the Plan.
(o) The classification and approximate length of each of the following Logging Road segment categories: constructed, reconstructed, and abandoned.
(p) Whether the RPF has informed the Timber Owner, Timberland owner, and Timber Operator of their responsibilities for compliance with the Stocking requirements of the Act and Rules, and for maintenance of Erosion Control structures.
(q) Whether the RPF will be supplying the Timber Operator with a copy of the approved THP.
(r) How the requirements of 14 CCR § 1032.7(f) are to be met.
(s) If an archaeological survey has been made on the area to be harvested.
(t) If there are any recorded archaeological or historical sites in the area to be harvested, and how the sites are to be protected if they exist.
(u) Where the Timber Owner or Timberland owner has not signed the Plan, indication that written notice of such Plan has been given to either or both of these Persons, as required by 14 CCR § 1032.7(b).
(v) Whether there are any adverse insect, disease, or pest problems in the Plan area and what mitigating measures, if any, will be used to improve the health and productivity of the stand.
(w) Information on the presence and protection of known habitat or individuals of any Listed Species and information on the presence and protection of non-listed Species which may be significantly impacted by the Timber Operation.
(x) On titled USGS (if available) or equivalent topographic maps of a scale not less than 2" to the mile, the information in subsections (1)-(3), (4)(A), (B) and (E) ((4)(B) and (E) for sites within the Harvest Area), (8), (9), and (11)-(13) shall be clearly shown. Additional maps, which may be topographic or planimetric, may be used to provide the information required in the other subsections, to show specific details, and to improve map clarity. The Appurtenant Roads referenced in subsections (4)(B), (C), (D), and (E) ((4)(B) and (E) for sites not within the Harvest Area) may be shown on a map which may be planimetric with a scale as small as one-half inch equals one mile. Color coding shall not be used. A legend shall be included indicating the meaning of the symbols used. See the District Rules for the appropriate minimum mapping acreages.
(1) boundaries of Logging Area (shall be shown on quadrangle map or its equivalent).
(2) boundaries of Regeneration Methods, Intermediate Treatment, special Harvesting Methods, and Alternative Prescriptions that are to be applied.
(3) boundaries of Yarding (logging) systems, if more than one 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, deactivated, or proposed for Abandonment.
(B) Roads and Landings located in Watercourses, Lakes, WLPZs, marshes, and Wet Meadows and Other Wet Areas, other than at road Watercourse crossings.
(C) Logging 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 or Potential Erosion Sites on all roads and Landings pursuant to 14 CCR § 923.1(e).
(5) The following shall be mapped at the scale required under subsection (x) for all constructed and Reconstructed Logging Roads and Landings, unless otherwise described:
(A) Location of Logging Road grades greater than 15% for over 200 continuous feet or Logging Road grades exceeding 20%.
(B) Location of Road Failures on existing Logging Roads to be reconstructed.
(C) Location of Logging Roads across and Landings on Unstable Areas or Connected Headwall Swales.
(D) Location of Landings that require substantial excavation and Landings in excess of one-quarter acre in size.
(E) Location of Excess Material disposal sites on slopes greater than 40% or on active Unstable Areas.
(F) Location of Logging Roads and Landings across slopes greater than 65% for 100 lineal feet or more.
(G) Location of Logging Roads and Landings across slopes greater than 50% for 100 lineal feet or more within 100 feet of the boundary of a WLPZ that drains toward the zoned Watercourse or Lake.
(6) The location of all new permanent constructed, reconstructed, and temporary Logging Road Watercourse crossings, including those crossings to be abandoned or deactivated, shall be shown on a map.
(7) 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.
(8) location of Erosion Hazard Rating areas, if more than one rating exists.
(9) Location of all Watercourses and Lakes with Class I, II, III, or IV waters.
(10) location of known Unstable Areas or slides.
(11) location of understocked areas prior to Timber Operations, and other areas not normally bearing timber to at least a 20-acre minimum, or as specified in the District Rules.
(12) location of boundaries of timber-site classes needed for determination of Stocking Standards to be applied, down to at least a 20-acre minimum or as specified in the District Rules.
(13) location of main ridge tops on the Logging Area suitable for fire suppression efforts that will require the felling of Snags.
(14) location of Coastal Commission Special Treatment Areas or any special treatment area.
(15) 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.
(16) Location of any in lieu use of heavy equipment and location of Tractor Roads in Watercourses, Lakes, WLPZs, marshes and Wet Meadows and Other Wet Areas.
(17) Boundaries of any areas where Tractor Operations are proposed for use on areas designated for Cable Yarding.
(y) Any additional information that is submitted on separate pages shall be clearly marked "Plan addendum" and shall bear the date on which it was prepared.
(z) Explanation and justification for, and specific measures to be used for, Tractor Operations on Unstable Areas, on slopes over 65%, and on areas where slopes average over 50% and the EHR is high or extreme.
(aa) Explanation and justification for Tractor Operations in areas designated for Cable Yarding.
(bb) Winter Period operating Plan where appropriate or required.
(cc) Explanation and justification for use of Watercourses, marshes, Wet Meadows and Other Wet Areas as Tractor Roads.
(dd) Explanation and justification of any in-lieu practices for Watercourse and Lake protection.
(ee) Explanation of alternatives to standard Rules for harvesting and Erosion Control.
(ff) Any other information required by the Rules or the Act to be included in the Plan.
(gg) A general description of physical conditions at the Plan site, including general soils and topography information, vegetation and stand conditions, and watershed and Stream conditions.

Cal. Code Regs. Tit. 14, § 1034

1. Amendment filed 8-9-83; designated effective 10-1-83 (Register 83, No. 37).
2. New subsections (hh) and (ii) filed 12-20-89; operative 2-1-90 (Register 90, No. 3).
3. Amendment of subsection (w) filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
4. New subsection (jj) filed 8-26-91; operative 8-26-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 20).
5. New subsections (kk) and (ll) filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsection (m) and new subsections (m)(1) and (m)(2) filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
7. Subsections (kk) and (ll) repealed by operation of Government Code section 11346.1 (Register 94, No. 20).
8. Amendment of subsections (m)-(m)(1) filed 5-16-94; operative 5-16-94 (Register 94, No. 20).
9. Amendment of subsections (x), (x)(4), and (x)(7)-(8), and new subsections (x)(15)-(17) filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
10. Amendment of subsection (d) filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
11. Editorial correction adding inadvertently omitted introductory paragraph (Register 2000, No. 47).
12. Repealer of subsection (g) and new subsections (g)-(g)(5) filed 11-21-2000; operative 1-1-2001 (Register 2000, No. 47).
13. Repealer and new subsection (o), amendment of subsection (x), repealer and new subsection (x)(4), new subsections (x)(4)(A)-(E), repealer and new subsection (x)(5), new subsections (x)(5)(A)-(G), repealer and new subsection (x)(6), amendment of subsections (x)(7), (x)(9) and (x)(16), repealer of subsection (x)(17), amendment of subsections (bb) and (cc), repealer of subsections (ff), (hh) and (ii), subsection relettering and amendment of newly designated subsection (ff) filed 6-11-2014; operative 1-1-2015 pursuant to Public Resources Code section 4554.5 (Register 2014, No. 24).
14. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).
15. New subsections (n)(2)(A)-(n)(2)(B) and (x)(17) filed 11-10-2020; operative 1-1-2021 pursuant to Public Resources Code section 4554.5(a) (Register 2020, No. 46).
16. Amendment of subsections (x)(4)(B), (x)(16) and (cc) filed 7-29-2022; operative 1-1-2023 pursuant to Public Resources Code section 4554.5(a) (Register 2022, No. 30).

Note: Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4527, 4582 and 4583, Public Resources Code.

1. Amendment filed 8-9-83; designated effective 10-1-83 (Register 83, No. 37).
2. New subsections (hh) and (ii) filed 12-20-89; operative 2-1-90 (Register 90, No. 3).
3. Amendment of subsection (w) filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
4. New subsection (jj) filed 8-26-91; operative 8-26-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 20).
5. New subsections (kk) and (ll) filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsection (m) and new subsections (m)(1) and (m)(2) filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
7. Subsections (kk) and (ll) repealed by operation of Government Code section 11346.1 (Register 94, No. 20).
8. Amendment of subsections (m)-(m)(1) filed 5-16-94; operative 5-16-94 (Register 94, No. 20).
9. Amendment of subsections (x), (x)(4), and (x)(7)-(8), and new subsections (x)(15)-(17) filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
10. Amendment of subsection (d) filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
11. Editorial correction adding inadvertently omitted introductory paragraph (Register 2000, No. 47).
12. Repealer of subsection (g) and new subsections (g)-(g)(5) filed 11-21-2000; operative 1-1-2001 (Register 2000, No. 47).
13. Repealer and new subsection (o), amendment of subsection (x), repealer and new subsection (x)(4), new subsections (x)(4)(A)-(E), repealer and new subsection (x)(5), new subsections (x)(5)(A)-(G), repealer and new subsection (x)(6), amendment of subsections (x)(7), (x)(9) and (x)(16), repealer of subsection (x)(17), amendment of subsections (bb) and (cc), repealer of subsections (ff), (hh) and (ii), subsection relettering and amendment of newly designated subsection (ff) filed 6-11-2014; operative 1/1/2015 pursuant to Public Resources Code section 4554.5 (Register 2014, No. 24).
14. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).
15. New subsections (n)(2)(A)-(n)(2)(B) and (x)(17) filed 11-10-2020; operative 1/1/2021 pursuant to Public Resources Code section 4554.5(a) (Register 2020, No. 46).
16. Amendment of subsections (x)(4)(B), (x)(16) and (cc) filed 7-29-2022; operative 1/1/2023 pursuant to Public Resources Code section 4554.5(a) (Register 2022, No. 30).