Section 1035 - Plan Submitter ResponsibilityThe Plan submitter, or successor in interest, shall:
(a) Ensure that an RPF conducts any activities which require an RPF.(b) Provide the RPF preparing the Plan or amendments with complete and correct information regarding pertinent legal rights to, interests in, and responsibilities for land, timber, and access as these affect the planning and conduct of Timber Operations.(c) Sign the THP certifying knowledge of the Plan contents and the requirements of this section.(d)(1) Retain an RPF who is available to provide professional advice to the LTO and Timberland owner upon request throughout the active Timber Operations regarding: (B) the Forest Practice Rules, and(C) other associated regulations pertaining to Timber Operations.(2) The Plan submitter may waive the requirement to retain an RPF to provide professional advice to the LTO and Timberland owner under the following conditions: (A) the Plan submitter provides authorization to the Timberland owner to provide advice to the LTO on a continuing basis throughout the active Timber Operations provided that the Timberland owner is a natural Person who personally performs the services of a RPF and such services are personally performed on lands owned by the Timberland owner;(B) the Timberland owner agrees to be present on the Logging Area at a sufficient frequency to know the progress of operations and advise the LTO, but not less than once during the life of the Plan; and(C) the Plan submitter agrees to provide a copy of the portions of the approved THP and any approved operational amendments to the Timberland owner containing the General Information, Plan of Operations, THP Map, Yarding System Map, Erosion Hazard Rating Map and any other information deemed by the Timberland owner to be necessary for providing advice to the LTO regarding Timber Operations.(3) All agreements and authorizations required under 14 CCR § 1035(d)(2) shall be documented and provided in writing to the Director to be included in the Plan.(e) Within five (5) working days of change in RPF responsibilities for THP implementation or substitution of another RPF, file with the Director a notice which states the RPF's name and registration number, address, and subsequent responsibilities for any RPF required field work, amendment preparation, or operation supervision. Corporations need not file notification because the RPF of record on each document is the responsible Person.(f) Provide a copy of the portions of the approved THP and any approved operational amendments to the LTO containing the General Information, Plan of Operations, THP Map, Yarding System Map, Erosion Hazard Rating Map and any other information deemed by the RPF to be necessary for Timber Operations.(g) Notify the Director prior to commencement of site preparation operations. Receipt of a burning permit is sufficient notice.(h) Disclose to the LTO, prior to the start of operations, through an on-the-ground meeting, the location and protection measures for any archaeological or historical sites requiring protection if the RPF has submitted written notification to the Plan submitter that the Plan submitter needs to provide the LTO with this information.Cal. Code Regs. Tit. 14, § 1035
1. Repealer and new section filed 9-26-89; operative 10-26-89 (Register 89, No. 40). For prior history, see Register 88, No. 32.
2. New subsection (f) filed 12-4-89; operative 2-1-90 (Register 89, No. 50).
3. Amendment of subsection (e) filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
4. New subsection (g) filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
5. New subsections (d)(1)-(d)(3), subsection relettering, amendment of newly designated subsection (g) and amendment of NOTE filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
6. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44). Note: Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 757, 4582 and 4582.5, Public Resources Code.
1. Repealer and new section filed 9-26-89; operative 10-26-89 (Register 89, No. 40). For prior history, see Register 88, No. 32.
2. New subsection (f) filed 12-4-89; operative 2-1-90 (Register 89, No. 50).
3. Amendment of subsection (e) filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
4. New subsection (g) filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
5. New subsections (d)(1)-(d)(3), subsection relettering, amendment of newly designated subsection (g) and amendment of Note filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
6. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).