Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Logging Roads and Landings shall be planned and located
within the context of a systematic layout pattern that considers
14 CCR
§
923(b), uses existing
Logging Roads and Landings where Feasible and appropriate, and provides access
for fire and resource protection activities.
(a) Logging Roads and Landings shall be
planned and located to minimize the following:
(1) Duplicative roads and total road
mileage.
(2) The number of Logging
Road Watercourse crossings.
(3)
Construction and reconstruction near Watercourses, Lakes, marshes, and Wet
Meadows and Other Wet Areas.
(4)
Construction and reconstruction across steep areas that lead without flattening
to Class I, II, III, or IV Watercourses and Lakes.
(5) Construction and reconstruction on
Unstable Areas or in Connected Headwall Swales.
(6) Construction and reconstruction near
nesting sites of rare, threatened, or endangered bird Species.
(7) Construction and reconstruction near
populations of rare, threatened, or endangered plants.
(8) Ground disturbance and the size of cuts
and Fills.
(9) The potential for
affecting surface hydrology, including, but not limited to, concentrating or
diverting runoff or draining the Logging Road or Landing surface directly into
a Watercourse or Lake.
(10)
Maintenance needs while being compatible with the Logging Road classification
and long-term road usage.
(b) No Logging Roads or Landings shall be
planned for construction (i) within 150 feet of the Class I Watercourse
Transition Line, (ii) within 100 feet of the Class II Watercourse Transition
Line on slopes greater than 30%, (iii) within Class I, II, III, or IV
Watercourses or Lakes, (iv) within a WLPZ, or (v) in marshes, or Wet Meadows
and Other Wet Areas, except as follows:
(1) At
existing Logging Road Watercourse crossings.
(2) At Logging Road Watercourse crossings to
be constructed or Reconstructed that are approved as part of the Fish and Game
Code process (F&GC §
1600 et seq.).
(3) At Logging Road Watercourse crossings of
Class III Watercourses that are dry at the time of use.
(c) No Logging Roads or Landings shall be
planned for reconstruction (i) within Class I, II, III, or IV Watercourses or
Lakes, (ii) within a WLPZ, or (iii) in marshes, or Wet Meadows and Other Wet
Areas, except as follows:
(1) At existing
Logging Road Watercourse crossings.
(2) At Logging Road Watercourse crossings to
be constructed or Reconstructed that are approved as part of the Fish and Game
Code process (F&GC §
1600 et seq.).
(3) At Logging Road Watercourse crossings of
Class III Watercourses that are dry at the time of use.
(d) Logging Roads and Landings shall be
planned and located to avoid Unstable Areas and Connected Headwall Swales. The
Director may approve an exception if those areas are unavoidable and
site-specific measures to minimize slope instability due to Logging Road or
Landing construction or reconstruction are described and justified in the
Plan.
(e) As part of the planning
and use of Logging Roads, Landings, and Watercourse crossings in the Logging
Area, the RPF or Supervised Designee shall:
(i) locate and map significant existing and
potential erosion sites and
(ii)
specify Feasible treatments to mitigate significant adverse impacts from the
road or Landing.
(1) The RPF shall evaluate
all Logging Roads and Landings in the Logging Area, including Appurtenant
Roads, for evidence of significant existing and potential erosion
sites.
(2) For significant existing
and potential erosion sites identified pursuant to
14 CCR
§
943.1, subsection (e)(1), the RPF
shall consider the following key factors as part of developing necessary
treatments:
(A) Type of road (permanent,
seasonal, or Temporary Road), road location, expected log truck haul routes,
and traffic use (e.g., volume and season) of each road segment during the life
of the Plan.
(B) Age of road and
the history of sediment delivery from existing roads.
(C) Beneficial Uses of the Watercourse or
Lake and sensitive conditions potentially affected by the road including, but
not limited to, Watercourse classification and presence of listed anadromous
salmonids.
(D) The hillslope grade,
road grade of crossing approaches and the gradient of the Stream
channel.
(E) The erodibility of
hillslope material exposed by the road.
(F) The length of hydrologic connectivity of
a road segment, the physical properties of the connected segment and the
presence or absence of an effective sediment filter strip.
(G) Site-specific information regarding the
condition of and location of all existing or potential sediment sources
including, but not limited to: Watercourse crossings, Road Approaches, ditch
relief culverts, road surfaces, road cuts, road Fills, inboard ditches,
through-cuts, and Landings.
(3) The RPF shall submit a list of the
significant existing and potential erosion sites identified pursuant to
14 CCR
§
943.1, subsection (e)(1), which have
Feasible treatments with the Plan. This list shall include the following
information:
(A) A map showing the
location(s) of significant existing and potential erosion site(s) with a unique
identifier for each site.
(B) Brief
description of present condition of the mapped Significant Existing or
Potential Erosion Site.
(C) Brief
description of proposed treatments for the mapped Significant Existing or
Potential Erosion Site.
(D) Items
(B) and (C) above can be provided in tabular form as part of the
Plan.
(4) The RPF shall
disclose and map the significant existing and potential erosion sites
identified pursuant to
14 CCR
§
943.1, subsection (e)(1), for which no
Feasible treatment measures exist.
(5) Where Feasible treatments for Significant
Existing or Potential Erosion Sites are proposed, the RPF shall describe in the
Plan a logical order of treatment.
(f) When selecting Feasible alternatives (see
14 CCR
§§
897 and
898) during the planning phase of
Logging Roads and Landings, the RPF shall consider the location and planned use
of Logging Roads and Landings and whether such Logging Roads and Landings will
be abandoned or deactivated.
(g) In
Watersheds with Listed Anadromous Salmonids and in Planning Watersheds
immediately upstream of, and contiguous to, any watershed with listed
anadromous salmonids, where Logging Road or Landing construction or
reconstruction is proposed, the Plan shall identify:
(1) How the proposed operations will fit into
the systematic layout pattern.
(2)
What, if any, offsetting mitigation measures, including, but not limited to,
Abandonment of Logging Roads and Landings, are needed to minimize potential
adverse impacts to watersheds from the road system.
(h) In Watersheds with Listed Anadromous
Salmonids, no Logging Roads or Landings shall be planned for construction or
reconstruction in the CMZ or Core Zone of a Class I Watercourse except those
listed in 14 CCR §
936.9(e)(1)(A)-(E) or
pursuant to
14 CCR
§
936.9(v), or within
150 feet of a Class I Watercourse Transition Line.
(i) In Watersheds with Listed Anadromous
Salmonids within the Inner Zone A and B of Flood Prone Areas of Class I
Watercourses, the following Preferred Management Practices should be considered
for inclusion in the Plan by the RPF and by the Director:
(1) Constructed and Reconstructed Logging
Roads and Landings should not be planned for location within these
zones.
(2) When Feasible, planned
use of existing Logging Roads and Landings should be minimized in the Flood
Prone Areas.
(3) Exceptions include
the use of roads and Landings to accomplish actions to improve salmonid habitat
conditions stated in
14 CCR
§
936.9(f)(3)(E)1.
1.
Amendment of subsections (a), (c), (d) and (i) filed 2-11-91; operative 3-13-91
(Register 91, No. 14).
2. Amendment of subsection (i) filed 11-7-96;
operative 1-1-97 (Register 96, No. 45).
3. New subsection (j) filed
11-19-97; operative 1-1-98 pursuant to Public Resources Code section
4554.5
(Register 97, No. 47).
4. Amendment of subsection (j) filed
11-19-2010; operative 1-1-2011 pursuant to Public Resources Code section
4554.5(a)
(Register 2010, No. 47).
5. Amendment of section heading, repealer
and new section and amendment of NOTE filed 6-11-2014; operative 1-1-2015
pursuant to Public Resources Code section
4554.5
(Register 2014, No. 24).
6. Change without regulatory effect
amending section filed 12-20-2017 pursuant to section
100, title 1, California Code of
Regulations (Register 2017, No. 51).
7. Amendment of subsections
(a)(3), (b) and (c) and amendment of NOTE 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
and
4553,
Public Resources Code. Reference: Sections
4512,
4513,
4551
and
4551.5,
Public Resources Code; 33
USC 1288(b);
40 CFR
130.2(g); and Natural
Resources Defense Council, Inc. v. Arcata Natl. Corp. (1972) 59 Cal.App.3d 959,
131 Cal. Rptr. 172.
