Cal. Code Regs. tit. 14 § 1094.6

Current through Register 2024 Notice Reg. No. 43, October 25, 2024
Section 1094.6 - Contents of Wfmp

The WFMP shall serve three functions:

1) to provide information the Director needs to determine whether the proposed WFMP conforms to the Board Rules;
2) to provide information and direction for timber management so it complies with the Board Rules and the management objectives of the landowner(s); and
3) to disclose the potential effects of timber management to the public. For the WFMP to serve these functions, it shall, at a minimum, contain the following information:
(a) Name, address and telephone number of the timberland owner(s).
(b) Name, address and telephone number of the Designated Agent if known at the time of WFMP submission.
(c) Name, address, and telephone number of the timber owner(s) (if different than the timberland owners).
(d) Name, address, telephone number, and registration number of RPF who prepared the Plan.
(e) A United States Geological Survey quadrangle map or equivalent, of a scale not less than 2" per mile. Additional maps may be required to show specific details, and may be planimetric. Color coding on maps may be used if they are able to be reproduced in black and white and clearly show all details. A legend shall be included indicating the meaning of the symbols used. See the District Rules for the appropriate minimum mapping acreages. The map shall include:
(1) Boundaries of WFMP Management Unit(s). Boundaries of Management Units shall not exceed a single ownership which may include, but is not limited to, entities comprised as a single ownership of divided interest, natural-persons with undivided interests, or a legally established artificial-person (such as limited liability companies, corporations, partnerships, or trusts).
(2) Boundaries of yarding (logging) systems, if more than one (1) system is to be used.
(3) Boundaries of areas sample marked for each prescribed silvicultural method to be applied.
(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, or deactivated.
(B) Roads and Landings located in Watercourses, Lakes, WLPZs, Wet Meadows or Other Wet Areas other than at road Watercourse crossings.
(C) 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 and potential erosion sites on all roads and landings pursuant to 14 CCR § 923.1(e).
(5) Location of proposed and existing landings outside the WLPZ that are greater than 1/4 acre in size or whose construction involves substantial excavation.
(6) Location of area(s) of low, moderate, high or extreme erosion hazard ratings.
(7) Location of all Lakes and Watercourses with Class I, II, III, or IV waters.
(8) Location of known unstable areas or slides.
(9) Location of understocked areas and other areas not normally bearing timber to at least a 20-acre minimum, or as specified in the District Rules.
(10) Location of boundaries of timber-site classes needed for determination of stocking standards to be applied.
(11) The locations of logging roads and landings to be abandoned or deactivated.
(12) A soils map where available.
(13) Late Successional Forest Stands or Strata
(14) Location of unique areas including Coastal Commission Special Treatment Areas or other special treatment areas and known locations 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).
(15) The location of all new permanent constructed and reconstructed and temporary logging road watercourse crossings, including those crossings to be abandoned or deactivated.
(16) For all constructed and reconstructed logging roads and landings:
(A) Location of logging road grades greater than 15 percent for over 200 continuous feet or logging road grades exceeding 20 percent.
(B) Locations of logging 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 excess material disposal sites on slopes greater than 40 percent or on active unstable areas.
(E) Location of logging roads and landings across slopes greater than 65 percent for 100 lineal feet or more.
(F) Location of logging roads and landings across slopes greater than 50 percent for 100 lineal feet or more within 100 feet of the boundary of a WLPZ that drains toward the zoned watercourse or lake.
(17) Location of main ridge tops on the logging area suitable for fire suppression efforts that will require the felling of snags.
(18) Location of any in lieu use of heavy equipment and location of tractor roads in Watercourses, lakes, WLPZs, marshes, Wet Meadows and Other Wet Areas, except where the WFMP has a standard operating practice(s) pursuant to 14 CCR § 1094.6 (jj).
(19) Boundaries of any areas where Tractor Operations are proposed for use on areas designated for Cable Yarding.
(f) A description of the Plan area within which timber operations are to be conducted, except as otherwise specified. The description shall include the following:
(1) Township, range, and section number(s) and approximate Plan acreage,
(2) County name(s),
(3) CALWATER v2.2 planning watershed number(s) and hydrologic area number,
(4) The forest district and subdistrict (if any) in which the WFMP is located.
(5) A description of present and proposed Plan area uses other than timber production.
(g) A description by the RPF of the inventory design and standards which, at a minimum, shall include:
(1) The baseline conditions found on the WFMP and the future conditions and planning horizon associated with the estimate of LTSY.
(2) A description of the design of inventory plots or strips, cruise lines and reference points between plots or strips, that are sufficient to facilitate initial review of the WFMP.
(3) The type of projections or models used for projecting growth and yield appropriate for stand conditions and estimated period of time to achieve LTSY.
(h) A description of the inventory design and timber stand stratification criteria that demonstrates that the inventory supporting the growth and yield calculations used to determine LTSY by volume for the WFMPs meets the following minimum standards:
(1) For Major Stand Type(s) or Strata, the inventory estimate shall be within fifteen (15) percent of the mean at one (1) standard error.
(2) For Stand(s) or Strata that make up greater than ten (10) percent and less than twenty five (25) percent of the WFMP area, the estimate shall be no greater than twenty five (25) percent of the mean at one (1) standard error.
(3) Inventory estimates and growth and yield shall be projected for the purposes of determining LTSY and volumes available for harvest by Stand or Strata and aggregated for the area covered by the WFMP to develop the LTSY estimate. LTSY estimates shall reasonably reflect constraints applicable to the Working Forest Timberlands on forest management activities. Reasonable constraints shall include biologic and economic factors, while accounting for limits on productivity due to constraints imposed from consideration of other forest values, including but not limited to, recreation, watershed, wildlife, range and forage, fisheries, regional economic activity, employment and aesthetic enjoyment.
(i) A description of the property and planned activities including:
(1) Acres of Stands, Strata and Major Stand Types.
(2) Projected growth.
(3) Existing stand types.
(4) Major Stand Types or Strata.
(5) Current projected growth by Strata.
(6) Silvicultural method(s) to be applied to Strata to achieve LTSY.
(7) Existing and projected timber volumes and tree sizes to be available for harvest.
(8) Projected frequencies of harvest.
(9) Silvicultural method(s) to be applied during the initial harvest(s) and projected future harvest(s), and method(s) used in the projected growth and yield to achieve LTSY.
(j) All necessary information to demonstrate compliance with Article 12 (commencing with Section 923) of Subchapter 4 of, Article 11 (commencing with Section 943) of Subchapter 5 of, and Article 12 (commencing with Section 963) of Subchapter 6 of, Division 1.5 of Title 14 of the California Code of Regulations, as applicable.
(k) Special provisions to protect unique areas, if any, within the WFMP area.
(l) A description of Late Succession Forest Stands, including their biological legacies and hardwoods, in the Plan area, their acreage, composition, structure, and how the total acreage of this type of habitat will be maintained across the Plan area under a constraint of no net loss. Nothing in this requirement shall be interpreted to preclude active management on any given acre of an approved Plan if the management is conducted in a manner that maintains or enhances the overall acreage of Late Succession Forest Stands that existed in the Plan area upon initial Plan approval. An exception to the no net loss constraint may be granted in the event of a catastrophic loss due to emergency factors such as wildfire, insect, and disease activity. The description shall include the following:
(1) Retention measures for existing biological legacies such as snags, trees with cavities or basal hollows, and down logs, and address how legacies shall be managed over time as appropriate with the forest type, climate, and timberland owner's forest fire fuels and wildlife management objectives.
(2) Hardwood tree species and how they will be managed over time.
(m) Disclosure of:
(1) State or federally listed threatened, candidate, endangered, or rare plant or animal species known locations within the biological assessment area and the WFMP, their status and habitats, take avoidance methodologies, enforceable protection measures for species within or adjacent to the WFMP and habitats within the WFMP area, and how forest management will maintain species and habitats over time;
(2) Any known locations of plant or animal species pursuant to 14 CCR § 15380(d) within the biological assessment area and the WFMP;
(3) Information on the presence and known locations of individual Sensitive Species pursuant to 14 CCR § 895.1 adjacent to or within the WFMP or their key habitats within the WFMP.
(n) A description of the following for each Management Unit shall contain:
(1) Acres by Stand or Strata and estimated growth and yield for each planned harvest entry covering the period of time the LTSY plan establishes as necessary to meet growth and yield objectives. The growth and yield estimates may be based on weighted average of yield for the Major Stand Type(s) or Strata within the area included in the Management Unit and shall include:
(A) Existing and Projected timber volumes and tree sizes to be available for harvest.
(B) Existing stocking levels, including but not limited to, average conifer and hardwood basal area density and average conifer and hardwood trees per acre.
(C) Potential pest and protection problems.
(2) Management Unit history.
(3) Yarding methods to be used.
(o) For LTSY projections that project a reduction, over 100-year planning horizon or shorter planning horizon until growth and yield are balanced, in quadratic mean diameter of trees greater than 12 inches in diameter or a reduced level of inventory for a Major Stand Type or for a Stand or Strata that make up greater than 10 percent and less than 25 percent of the WFMP area, an assessment shall be included that does all of the following:
(1) Addresses 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), that timber operations could adversely impact by potential changes to habitat.
(2) Addresses species habitat needs utilizing the "WHR system" described in "A Guide to Wildlife Habitats in California," California Department of Fish and Wildlife, 1988, herein incorporated by reference, or comparable typing system approved by the Director after consultation with the California Department of Fish and Wildlife.
(3) Addresses constraints to timber management, the impact of the availability and distribution of habitats on the ownership and within the cumulative impacts assessment area identified in the Plan in relation to the harvest schedule, and the impacts of the planned management activities utilizing the existing habitat as the baseline for comparison.
(4) Discusses and includes feasible measures planned to avoid or mitigate potentially significant adverse impacts on fish or wildlife, which can include, but is not limited to, recruitment or retention of large down logs greater than 16 inches in diameter and 20 feet in length, retention of trees with structural features such as basal hollows, cavities, large limbs, or broken tops, retention of hardwoods, and retention or recruitment of snags greater than 24 inches in diameter and 16 feet in height.
(p) A certification by the RPF preparing the Plan that the RPF or the RPF's Supervised Designee has personally inspected the Plan area and has clearly explained to the timberland owner(s) that the Plan is a long-term commitment that may require ongoing investments, including inventory sampling and logging road maintenance, for the purpose of managing the Plan.
(q) The WFMP shall describe a future schedule of inventory sampling and analysis of LTSY, which shall consider:
(1) Site class, projected growth and yield and harvest(s).
(2) Original projections or model calibration and accuracy.
(3) Episodic events including disease and drought caused tree mortality, windthrow, fire and reforestation.
(r) A description of any cultural or historical resources known to exist with a description of possible impacts and protection methods to be used during timber operations.
(s) Whether a timberland conversion certificate is in effect, its date of expiration, and its identification number.
(t) Whether a timber harvesting plan is on file with the Department for any part of the Plan area and if a Report of Satisfactory Stocking has been issued by the Department (show Plan number).
(u) A description of potential impacts to, and protections for, the quality and beneficial uses of water.
(v) A description of how the site preparation standards and stocking standards of the selected silvicultural method, or that level of stocking above the minimum that will achieve long term sustained yield (LTSY), will be met.
(w) A description of slash treatment for site preparation, fire protection and pest protection consideration.
(x) A description of the cumulative impacts analysis with supporting information, including impact(s) of projected timber operations over the life of the Plan.
(y) The Department shall make available a copy of the California Forest Practice Rules in effect at the time of WFMP approval.
(z) Explanation and justification for, and specific measures to be used for, tractor operations on unstable areas, on slopes over 65%, and in areas where slopes average over 50% where 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.
(cc) Explanation and justification for use of Landings, Logging Roads and skid trails in the protection zones of Watercourses, Lakes, Wet Meadows and Other Wet Areas.
(dd) Explanation and justification of any in-lieu or alternative practices for Watercourse and Lake protection.
(ee) Explanation of alternatives to standard Rules for harvesting and erosion control.
(ff) Explanation and justification for landings that exceed the maximum size specified in the Rules.
(gg) A description of soils, surface erosion hazard, mass wasting erosion hazard, and erosion control measures.
(hh) A description of the existing and proposed road system to be used in implementation of the WFMP, including the diameter of any permanent culverts on Class I, II, or III Watercourses and the methods used to determine the diameter.
(ii) A description of Lakes, Wet Meadows and Other Wet Areas.
(jj) A RPF may propose, and the Director may approve, a standard operating practice(s) that could be utilized in site-specific locations during future operations under an approved WFMP. Standard operating practices are limited to contents pursuant to 14 CCR §§ 1094.6(z) and 1094.6(cc).
(1) A representative sample of each type of proposed standard operating practice(s) shall be flagged in the field by the RPF, or Supervised Designee, and available for field review by the interdisciplinary review team.
(2) For locations where the prescribed standard operating practice(s) will not adequately address the site specific conditions, the RPF, through consultation with the multi-disciplinary review team, may develop alternative mitigations that shall be incorporated into the WFMP through a deviation prior to submittal of a Working Forest Harvest Notice for the area in which the developed mitigation measure(s) applies and is located.
(kk) Proprietary information shall be treated consistent with PRC § 21160 and GOV § 6254.7.

Cal. Code Regs. Tit. 14, § 1094.6

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. Amendment of subsection (f)(3) and repealer and new subsection (j) 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.
3. New subsection (e)(19) filed 11-10-2020; operative 1-1-2021 pursuant to Public Resources Code section 4554.5(a) (Register 2020, No. 46).
4. Amendment of subsection (e)(4)(B), (e)(18) 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, 4551.5, 4552 and 4553, Public Resources Code. Reference: Sections 4562.5, 4562.7, 4597.2 and 21000(g), 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. Amendment of subsection (f)(3) and repealer and new subsection (j) 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.
3. New subsection (e)(19) filed 11-10-2020; operative 1/1/2021 pursuant to Public Resources Code section 4554.5(a) (Register 2020, No. 46).
4. Amendment of subsection (e)(4)(B), (e)(18) and (cc) filed 7-29-2022; operative 1/1/2023 pursuant to Public Resources Code section 4554.5(a) (Register 2022, No. 30).