Section 1051.4 - Modified THP for Fuel Hazard Reduction Conditions and Mitigations(a) A Modified THP for Fuel Hazard Reduction (hereafter also referred to as "MTHP-FHR") may be filed by a Plan submitter for a Project area not to exceed 2,500 acres, providing that the following conditions and mitigations are met: (1) An average of at least 40% of the existing Overstory tree Canopy shall be retained. The Canopy retained shall be well distributed over the Harvest Area.(2) Prescribed fuel hazard reduction to promote Project area resiliency to wildfire is recognized as an Intermediate Treatment rather than a Regeneration Method. Therefore, clearcutting as defined in 14 CCR §§ 913.1(b), 933.1(b), and 953.1(b) shall not be used, except for legally permitted utility corridors or road construction. Silvicultural methods that may be used are commercial thinning pursuant to 14 CCR §§ 913.3(a), 933.3(a), and 953.3(a), rehabilitation as constrained by 14 CCR §§ 1051.3-1051.7 and pursuant to 14 CCR §§ 913.4(b), 933.4(b), and 953.4(b), and Fuelbreak/defensible space pursuant to 14 CCR §§ 913.4(c), 933.4(c), and 953.4(c).(3) Stocking Standards, specific to the silvicultural method selected, must be met immediately after harvesting operations are completed, except as explained and justified for specific instances where the rehabilitation method is proposed and will result in post-harvest stands that cannot meet Stocking Standards.(4) The rehabilitation method may be used where understocked areas such as brushfields have been identified for treatment in a federal, state, or local fire Plan document for the purpose of reducing fire risk to a public asset including, but not limited to, transportation corridors and utilities, or is adjacent to a community listed in the "California Fire Alliance List of Communities at Risk" (available at https://bof.fire.ca.gov/media/0x5eysuw/ada-communities-at-risk.pdf). Not more than 10% of the MTHP-FHR area, not to exceed 250 acres, may be harvested under the rehabilitation method, when explained and justified by the RPF and approved by the Director.(5) No operations shall occur in areas having Average Slopes greater than 50% based upon sample areas that are 20 acres in size, and no Tractor Operations in areas with high or extreme Erosion Hazard Ratings.(6) No construction of new skid trails shall occur on slopes over 40%.(7) The following operations may occur in Special Treatment Areas: log hauling on existing roads not requiring reconstruction, and other operations as approved by the Director where such operations are consistent with the intent and purpose of the Special Treatment Area.(8) No Timber Operations shall occur on Slide Areas or Unstable Areas.(9) Timber harvesting in a Class II WLPZ for a Watercourse that is dry by July 15 of any year may be proposed by the RPF and approved by the Director. When proposed, the RPF shall explain and justify the treatment, and provide a written analysis of the potential for significant adverse effects to the Class II WLPZ that could result from the proposed operations. The focus of Class II WLPZ treatments shall be removal of surface and Ladder Fuels, and no less than 70% of the existing Overstory Canopy layer shall be retained. Unless explained and justified, retention of the Overstory Canopy layer shall be accomplished by leaving the existing larger Dominant and Codominant trees. (A) No tractor operations shall occur within a Class II WLPZ, or Wet Meadows and Other Wet Areas, except where the Director determines that the threat of catastrophic wildfire is sufficient to justify the necessity of operations, or for maintenance of existing roads, drainage facilities or structures. Where the Director has made such a determination, operations may only occur where the Erosion Hazard Rating (EHR) pursuant to 14 CCR §§ 912.5, 932.5, and 952.5 is Moderate or less and slopes are no greater than 30%,(B) Tree removal by end-lining or other low-impact tree removal methods shall be permitted in the standard width of a Class II WLPZ provided that the Plan contains a description of specific mitigation measures designed to minimize disruption of the soil surface, soil compaction, and damage to residual vegetation. Low-impact tree removal techniques include, but are not limited to, the use of low-ground pressure logging equipment.(C) The use of existing roads within a Class II WLPZ may be approved by the Director after compliance with the requirements for examination, evaluation, and mitigation(s) per 14 CCR §§ 916.4(a), 936.4(a), and 956.4(a).(10) No Listed Species will be directly or indirectly adversely impacted by proposed Timber Operations. Except as modified herein, all other habitat protection and retention requirements identified in Articles 6 and 9 of the Forest Practice Rules shall apply. Where the Director has determined that Timber Operations as proposed are likely to adversely affect a state Listed Species or its habitat, the consultation process with CDFW pursuant to F&GC § 2081 shall be completed before the MTHP-FHR may be approved.(11) As part of the pre-harvest Project design, the RPF shall evaluate and incorporate habitat requirements for fish, wildlife, and plant Species in accordance with the "Joint Policy on Hardwoods" between the California State Board of Forestry and Fire Protection and the California Fish and Game Commission" (rev. April 1999), herein incorporated by reference, and 14 CCR §§ 916.9, 936.9, and 956.9 and §§ 919, 939, and 959. Such evaluations shall include use of the California Natural Diversity Database maintained by CDFW (available at https://www.wildlife.ca.gov/Data/CNDDB) and local review agency knowledge of the Planning Watershed. Consultation with CDFW personnel is recommended. In general, fuels management strategies should recognize that habitat heterogeneity and fire resiliency are not mutually exclusive. Habitats and habitat elements may include key winter range or migration routes, late successional stands, hardwood or aspen groves, Riparian or wetland areas, Snags, large down woody material, or den trees. (A) Harvesting will not reduce the amount of Timberland occupied by Late Succession Forest Stands.(B) Where present prior to operations, the following habitat elements shall be retained as an average across the Project area:1. A minimum of 2 large live cull (green) conifer trees 24" dbh or larger per acre;2. A minimum of two hardwood trees 24" dbh or larger per acre;3. A minimum of two downed logs 20" Diameter outside bark as measured at the midpoint of the total length of the log or larger per acre; and4. 2% shall be left as untreated habitat retention surrounding or in direct proximity to the habitat elements identified in 1, 2, and 3 above.(12) No heavy equipment operations shall occur within potentially significant archaeological sites identified pursuant to the criteria for a Significant Archaeological or Historical Site listed in 14 CCR § 895.1. Directional felling and tree removal by end lining may be approved upon the Director's determination that such operations will not adversely affect an identified archaeological site.(13) Winter Timber Operations, except as conditioned by the Director to avoid potential significant cumulative impacts, shall be in accordance with 14 CCR §§ 914.7 (a) and (b), 934.7 (a) and (b), and 954.7(a) and (b).Cal. Code Regs. Tit. 14, § 1051.4
1. New section filed 8-3-2011; operative 1-1-2012 pursuant to Public Resources Code section 4554.5 (Register 2011, No. 31).
2. Change without regulatory effect amending subsections (a)(2) and (a)(10)-(11) filed 2-17-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 7).
3. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).
4. Amendment of subsection (a)(9)(A) filed 7-29-2022; operative 1-1-2023 pursuant to Public Resources Code section 4554.5(a) (Register 2022, No. 30).
5. Change without regulatory effect amending subsection (a)(4) filed 8-1-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 31). Note: Authority cited: Sections 4551, 4551.5 and 4593, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4552 and 4593, Public Resources Code.
1. New section filed 8-3-2011; operative 1-1-2012 pursuant to Public Resources Code section 4554.5 (Register 2011, No. 31).
2. Change without regulatory effect amending subsections (a)(2) and (a)(10)-(11) filed 2-17-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 7).
3. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).
4. Amendment of subsection (a)(9)(A) filed 7-29-2022; operative 1/1/2023 pursuant to Public Resources Code section 4554.5(a) (Register 2022, No. 30).
5. Change without regulatory effect amending subsection (a)(4) filed 8-1-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 31).