Section 1094.23 - Substantial Deviations(a) The Designated Agent may submit a proposed deviation, as prepared by the RPF, to the approved Plan. No action shall occur that substantially deviates, as defined by the Board, from the approved Plan until the substantial deviation has been approved by the Director. The Director shall determine, after completion of the interagency review and public comment period, either of the following: (1) The substantial deviation is in compliance with the current Board Rules and provisions in the FPA.(2) The substantial deviation is in compliance with the Board Rules and provisions in the FPA that were in effect at the time the WFMP was approved. The Director may only make this determination if a RPF explains, justifies, and certifies both of the following:(A) The adherence to new or modified Board Rules would cause unreasonable additional expense, pursuant to PRC § 4583, to the Working Forest Landowner(s).(B) Compliance with the Board Rules and provisions in the FPA that were in effect at the time the WFMP was approved will not result in any significant degradation to the beneficial uses of water, soil stability, forest productivity, or wildlife.(b) Review timelines for substantial deviations of WFMPs shall conform to the direction provided in PRC § 4582.7, except for substantial deviations that add acreage covered by the original WFMP that exceeds ten (10) percent or five hundred (500) acres, whichever is greater. Substantial deviations that add acreage in excess of ten (10) percent or five hundred (500) acres shall be reviewed pursuant to the procedures specified in PRC § 4597.6.(c) Changes are presumed to be substantial deviations if they could have a significant effect on the conduct of timber operations and potentially could have a significant adverse effect on timber productivity or values relating to soil, water quality, watershed, wildlife, fisheries, range and forage, recreation, and aesthetic enjoyment. Such actions may include, but are not limited to:(1) Change in location of timber harvesting operations within the WFMP area.(2) Enlargement of the WFMP area.(3) An increase in volume to be harvested exceeding ten (10) percent as projected by the LTSY.(4) Change in the silvicultural method and cutting system on any portion of the Plan area.(5) Change in type or location of logging (yarding) system or basic type of equipment.(6) Change in location, nature or increase in length of proposed logging roads incorporating one or more of the following criteria:(A) Any logging road in a Watercourse or Lake Protection Zone or where sidecast will extend into the Watercourse or Lake Protection Zone.(B) Any logging road located in an extreme Erosion Hazard Rating area.(C) Any logging road where the average side slope exceeds fifty (50)%.(D) Any logging road where unstable areas, active soil movement, or slide areas must be traversed.(E) Any increase in gradient allowed by the District Rules as an exception and not provided for in the original Plan.(7) Any road extension of more than six hundred (600) ft. (182.9m).(8) Any use of existing roads not shown in the original Plan when reconstruction work to allow for vehicle travel will be substantial. Substantial work on an existing road means more than minor repair and dressing of the travel surface and removal of vegetation to allow for vehicle passage.(9) Use of any logging roads not shown in the Plan which would affect the key habitat, not previously discussed in the Plan, of: state or federally listed threatened, candidate, and endangered species; rare plants; Sensitive Species pursuant to 14 CCR § 895.1; and species that meet the criteria under 14 CCR § 15380(d).(10) Enlargement of landings where such enlargement was not justified in the Plan.(11) Any change of operation within, or designation of, Watercourse or Lake Protection Zones.(12) Any downgrading of watercourse classification.(13) A change to winter operations where summer operations were previously specified.Cal. Code Regs. Tit. 14, § 1094.23
1. New section filed 6-2-2017; operative 1-1-2018 pursuant to Public Resources Code section 4554.5(a) (Register 2017, No. 22).
2. Repealer of subsection (c)(14) filed 2-15-2019 as an emergency; operative 2-15-2019 (Register 2019, No. 7). Pursuant to Statutes 2018, chapter 626, section 46 (SB 901) this amendment is deemed an emergency, and shall remain in effect until revised by the Board of Forestry and Fire Protection. Note: Authority cited: Sections 4551, 4551.5, 4552 and 4553, Public Resources Code. Reference: Sections 4582.7, 4597.6, 4597.7 and 4597.8, Public Resources Code.
1. New section filed 6-2-2017; operative 1/1/2018 pursuant to Public Resources Code section 4554.5(a) (Register 2017, No. 22).
2. Repealer of subsection (c)(14) filed 2-15-2019 as an emergency; operative 2/15/2019 (Register 2019, No. 7). Pursuant to Statutes 2018, chapter 626, section 46 (SB 901) this amendment is deemed an emergency, and shall remain in effect until revised by the Board of Forestry and Fire Protection.