California Code of Regulations
Title 14 - Natural Resources
Division 1.5 - Department of Forestry and Fire Protection
Chapter 4 - Forest Practices
Subchapter 5 - Northern Forest District Rules
Article 11 - Logging Roads, Landings, and Logging Road Watercourse Crossings
Section 943.7 - Maintenance and Monitoring of Logging Roads and Landings

Universal Citation: 14 CA Code of Regs 943.7

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

The following maintenance and monitoring standards shall apply to Logging Roads and Landings:

(a) Logging Road and Landing surfaces shall be monitored and maintained during Timber Operations and throughout the Prescribed Maintenance Period to ensure Hydrologic Disconnection from Watercourses and Lakes to the extent Feasible, minimize soil erosion and sediment transport, and to prevent Significant Sediment Discharge.

(b) Logging Roads that are used in connection with Stocking activities shall be maintained throughout such use, even if this extends beyond the Prescribed Maintenance Period.

(c) During Timber Operations, road running surfaces in the Logging Area shall be treated as necessary to prevent excessive loss of road surface materials by methods including, but not limited to, rocking, watering, paving, chemically treating, or installing commercial Erosion Control devices to manufacturer's specifications.

(d) Grading of Logging Roads or Landings to obtain a drier running surface more than one time before reincorporation of any resulting Berms back into the road surface is prohibited.

(e) Drainage Facilities and drainage structures, including associated necessary protective structures, shall be maintained to allow free flow of water, and minimize soil erosion and slope instability. Drainage Facilities and structures shall be repaired, replaced, or installed as needed to protect the quality and Beneficial Uses of water.

(f) Soil stabilization treatments on Logging Road or Landing cuts, Fills, and Sidecast shall be maintained as needed to reduce the potential for slope instability, minimize soil erosion and sediment transport, and to prevent Significant Sediment Discharge.

(g) Heavy equipment shall not be used in a WLPZ for maintenance during wet weather, except in emergencies to protect the road, to reduce erosion, to protect water quality, or in response to public safety needs.

(h) Where there is evidence of Significant Sediment Discharge along a Logging Road or Landing used for Timber Operations, additional measures shall be implemented to minimize soil erosion and sediment transport, and to prevent Significant Sediment Discharge.

(i) The Prescribed Maintenance Period for Erosion Controls on Logging Roads and associated Landings and drainage structures, including appurtenant, abandoned, and deactivated Logging Roads and Landings, shall be at least one year. The Director may prescribe a maintenance period extending up to three years in accordance with 14 CCR § 1050.

(j) In Watersheds with Listed Anadromous Salmonids and in Planning Watersheds immediately upstream of, and contiguous to, any watershed with listed anadromous salmonids, the Prescribed Maintenance Period for deactivated or Abandoned Roads shall be one year unless otherwise prescribed by the Director pursuant to 14 CCR § 1050. The Prescribed Maintenance Period for Logging Roads and associated Landings, including Appurtenant Roads, shall be three years.

(k) All Logging Roads, including abandoned, deactivated, and Appurtenant Roads, Landings, and associated drainage structures used for Timber Operations shall be monitored as needed to comply with 14 CCR § 1050. Monitoring inspections shall be conducted, when access is Feasible during the Prescribed Maintenance Period, a sufficient number of times during the Extended Wet Weather Period, particularly after large winter storm events and at least once annually, to evaluate the function of Drainage Facilities and structures. The Department shall also conduct monitoring inspections at least once during the Prescribed Maintenance Period to assess Logging Road and Landing conditions.

(1) Inspections shall include checking Drainage Facilities and structures for evidence of downcutting, plugging, overtopping, loss of function, and sediment delivery to Class I, II, or III Watercourses and Lakes. If evidence of sediment delivery or potential sediment delivery is present, and the implementation of Feasible corrective measures could reduce the potential for Significant Sediment Discharge, such additional measures shall be implemented when Feasible.

(2) Inspections conducted pursuant to California Regional Water Quality Control Board requirements may be used to satisfy the inspection requirements of this section.

(l) In Watersheds with Listed Anadromous Salmonids, water drafting for Timber Operations shall:

(1) Comply with Fish and Game Code § 1600, et seq. Timber Operations conducted under a Fish and Game Code § 1600 Master Agreement for Timber Operations that includes water drafting may provide proof of such coverage for compliance with 14 CCR § 923.7 (l).

(2) Describe the water drafting site conditions and proposed water drafting activity in the Plan, including:

(A) A general description of the conditions and proposed water drafting;

(B) The Watercourse classification;

(C) The drafting parameters including the months the site is proposed for use; estimated total volume needed per day; estimated maximum instantaneous drafting rate and filling time; and disclosure of other water drafting activities in the same watershed;

(D) The estimated drainage area (acres) above the point of diversion;

(E) The estimated unimpeded streamflow, pumping rate, and drafting duration;

(F) A discussion of the effects on aquatic habitat downstream from the drafting site(s) of single pumping operations, or multiple pumping operations at the same location, and at other locations in the same watershed;

(G) A discussion of proposed alternatives and measures to prevent adverse effects to fish and wildlife resources, such as reducing hose Diameter; using gravity-fed tanks instead of truck pumping; reducing the instantaneous or daily intake at one location; describing allowances for recharge time; using other dust palliatives; and drafting water at alternative sites; and

(H) The methods that will be used to measure source streamflow prior to the water drafting operation and the conditions that will trigger streamflow to be measured during the operation.

(3) All water drafting for Timber Operations are subject to each requirement below unless the Department of Fish and Wildlife modifies the requirement in the Lake or Streambed Alteration agreement that authorized the drafting operation, or unless otherwise specified below:

(A) All intakes shall be screened to prevent impingement of juvenile fish against the screen. The following requirements apply to screens and water drafting on Class I waters:

1. Openings in perforated plate or woven wire mesh screens shall not exceed 3/32 inches (2.38 millimeters). Slot openings in wedge wire screens shall not exceed 1/16 inches (1.75 millimeters).

2. The screen surface shall have at least 2.5 square feet of openings submerged in water.

3. The drafting operator shall regularly inspect, clean, and maintain screens to ensure proper operation whenever water is drafted.

4. The approach velocity (water moving through the screen) shall not exceed 0.3 feet/second.

5. The diversion rate shall not exceed 350 gallons per minute.

(B) Approaches and associated drainage features to drafting locations within a WLPZ or Channel Zone shall be surfaced with rock or other suitable material to minimize generation of sediment.

(C) Barriers to sediment transport, such as straw wattles, logs, straw bales or sediment fences, shall be installed outside the normal high water mark to prevent sediment delivery to the Watercourse and limit truck encroachment.

(D) Water drafting trucks parked on streambeds, floodplains, or within a WLPZ shall use drip pans or other devices such as adsorbent or absorbent blankets, sheet barriers or other materials as needed to prevent soil and water contamination from motor oil or hydraulic fluid leaks.

(E) Bypass flows for Class I Watercourses shall be provided in volume sufficient to avoid dewatering the Watercourse and maintain aquatic life downstream, and shall conform to the following standard:

1. Bypass flows in the source Stream during drafting shall be at least 2 cubic feet per second.

2. Diversion rate shall not exceed 10% of the surface flow.

3. Pool volume reduction shall not exceed 10%.

(F) The drafting operator shall keep a log that records, for each time water is drafted: the date, total pumping time, pump rate, starting time, ending time, and volume diverted. Logs shall be filed with the Department at the end of seasonal operations and maintained with the Plan record. This requirement may be modified in the approved Plan that covers the water drafting, but only with concurrence from the CDFW.

(G) Before commencing any water drafting operation, the RPF and the drafting operator shall conduct a pre-operations field review to discuss the water drafting measures in the Plan and/or Lake or Streambed Alteration Agreement.

1. 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).
2. Change without regulatory effect amending section filed 12-20-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 51).

Note: Authority cited: Sections 4551, 4551.5, 4553, 4561.7 and 4562.9, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4562.5 and 4562.7, Public Resources Code; 33 USC 1288(b); and Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal.App.3d 959, 131 Cal. Rptr. 172.

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