Cal. Code Regs. tit. 14 § 1051.5

Current through Register 2024 Notice Reg. No. 39, September 27, 2024

Section 1051.5 - Contents of Modified THP for Fuel Hazard Reduction

A Plan submitted under section 1051.3 above shall contain all the provisions of 14 CCR § 1034 except 14 CCR § 1034 (z) and the RPF shall:

(a) Use a topographic map base with a minimum scale of 1:12,000.

(b) Certify in the MTHP-FHR that the conditions or facts stated in items 14 CCR § 1051.4 (a) (1)-(13) above exist on the MTHP-FHR area at the time of submission, and that in the preparation, mitigation, and analysis of the MTHP-FHR document, no identified potential significant effects remain undisclosed.

(c) Certify that a meeting will be held at the MTHP-FHR site before Timber Operations commence with the RPF responsible for the Plan, or Supervised Designee, and the licensed Timber Operator who will be operating on the MTHP-FHR area where the contents and implementation of the Plan have been reviewed and discussed.

(d) Certify in writing that in developing the MTHP-FHR, the RPF has completed a Cumulative Impacts assessment as specified in 14 CCR § 898 and Board Technical Rule Addendum No. 2, 14 CCR §§ 912.9, 932.9, and 952.9. Operations conducted pursuant to this section are presumed to be unlikely to cause a significant adverse impact to the environment due to the specific restrictive mitigations required in 14 CCR § 1051.4 (a)(1)-(13) above. This presumption of unlikely impacts shall not apply to MTHP-FHR for which:

1) the Director determines it does not meet the criteria of subsection 1051.4(a), or

2) the Director determines in consultation with trustee or responsible agencies, or upon review of public comments that a fair argument exists that significant individual or Cumulative Impacts will result from Timber Operations. Where a fair argument is raised, the RPF shall complete the appropriate corresponding portion of Board Technical Rule Addendum No. 2, 14 CCR §§ 912.9, 932.9, and 952.9 and submit that information for the Director's review.

(e) Develop and document the vegetation treatments necessary to meet the objectives of fuel hazard reduction and increased resiliency to wildfire within the Project area. The RPF shall utilize contemporary sources of technical information in the development of fuel treatment prescriptions. Prescriptions shall increase landscape heterogeneity, reduce surface and Ladder Fuels, and maintain or increase residual quadratic mean Diameter. The RPF should be aware of the importance of topography and slope position in the designation of treatment areas. Within stands, important topographic features include sinks, areas susceptible to cold air drainage, and moist microsites. Documentation prepared by the RPF shall include, but not be limited to:

(1) A description of the assets at risk to catastrophic wildfire that are to be protected through the fuel treatments proposed. As Feasible and appropriate, the RPF shall attempt to coordinate the objectives of the MTHP-FHR with larger-scale, federal, state, and local strategic fuel treatment and fire prevention Plans, including but not limited to the "2010 Strategic Fire Plan for California" (rev. June 2010, available at https://bof.fire.ca.gov/media/0yeg2vnm/ada-2010-strategic-fire-plan-for-california.pdf), hereby incorporated by reference.

(2) A description of pre-harvest stand structure and Stocking levels and silvicultural prescription for achieving the desired post-harvest stand structure and Stocking levels.

(3) A description of the timeline, methods and standards for treatment of pre-existing surface and Ladder Fuels as well as logging Slash created by Timber Operations. The description shall include discussion of the performance standard to be achieved and the methods by which compliance with that performance standard may be verified. The description shall include, but not be limited to, the United States Forest Service "Natural Fuels Photo Series" (rev. April 2011, available at http://www.fs.fed.us/pnw/fera/publications/photo_series_pubs.shtml), incorporated by reference herein, and, in particular, photo series "General Technical Report (GTR) PNW-51 (rev.1976), PNW-52 (rev. 1976), PNW-56 (rev. 1981), and PNW-95" (rev. 1979) incorporated by reference herein, for visual demonstration of pre and post-treatment stand conditions in this description (copies of all four General Technical Reports are available upon request from the State Board of Forestry and Fire Protection located at the State of California Resources Building, 715 P Street, Sacramento, California 95814 or P.O. Box 944246, Sacramento, California 94244-2460).

(A) While surface and Ladder Fuel treatment standards will vary based upon site specific conditions, post-treatment total Surface Fuel loading shall not exceed an average of 25 bone dry tons per acre.

(4) A Plan for pre and post-treatment photo point monitoring for the purpose of characterizing the Project treatment effects. All photo points shall be mapped and designated on the ground by stake, post, or other equivalent semi-permanent methods. Post-treatment photo point monitoring shall occur prior to expiration of the MTHP-FHR. Post-treatment photos shall be included with the submission of a final report of Stocking and work completion.

Cal. Code Regs. Tit. 14, § 1051.5

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 subsection (e)(3) 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. Change without regulatory effect amending subsection (e)(3) filed 10-12-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 42).
5. Change without regulatory effect amending subsection (e)(1) 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.