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 943.9 - Watercourse Crossings

Universal Citation: 14 CA Code of Regs 943.9

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

Watercourse crossing drainage structures on Logging Roads shall be planned, constructed, reconstructed, and maintained or removed according to the standards provided in this rule section.

(a) The planning for and use of Logging Road Watercourse crossings shall include the evaluation and documentation of significant existing and potential erosion sites consistent with 14 CCR § 943.1(e).

(b) The number of crossings shall be kept to a Feasible minimum. Existing Logging Road Watercourse crossing locations shall be utilized where Feasible and appropriate.

(c) All new drainage structures and facilities on Watercourses that support fish or listed aquatic Species shall allow for unrestricted passage of all life stages that may be present, and allow for the natural movement of bedload to form a continuous bed through the crossing. Such structures and facilities shall be fully described in the Plan in sufficient clarity and detail to allow evaluation by the review team and the public, provide direction to the LTO for implementation, and provide enforceable standards for the inspector.

(d) In Watersheds with Listed Anadromous Salmonids, a description of all existing permanent Class I Watercourse crossings shall be provided, where fish are always or seasonally present or where fish passage is restorable. Where it is determined that current crossing conditions may be adversely affecting fish passage at any life stage, the RPF shall disclose such conditions in the Plan and propose measures, if Feasible, to address these conditions subject to the Director's review and determination.

(e) The location of all new permanent constructed and reconstructed, and temporary Logging Road Watercourse crossings, including those crossings to be abandoned or deactivated, shall be shown on a map. If the structure is a culvert intended for permanent use, the minimum Diameter of the culvert and the method(s) used to determine the culvert Diameter shall be specified in the Plan.

(1) The location of all Logging Road Watercourse crossings to be constructed or Reconstructed shall be flagged or otherwise identified on the ground prior to the pre-harvest inspection, if necessary, or prior to Logging Road Watercourse crossing construction or reconstruction. Exceptions may be explained and justified in the Plan and agreed to by the Director if flagging is unnecessary as a substantial aid to examining possible significant adverse effects of the crossing location on the factors listed under 14 CCR § 943(b).

(f) All Permanent Watercourse Crossings that are constructed or Reconstructed shall accommodate the estimated 100-year Flood Flow, including debris and sediment loads.

(g) All culverts used for new and replacement Logging Road Watercourse crossings shall be installed at or as close as practical and Feasible to the natural Watercourse grade. Culverts shall be installed in alignment with the Watercourse channel to the extent Feasible, and of the appropriate length to prevent Fill erosion.

(h) Logging Road Watercourse crossings shall not discharge water onto erodible Fill or other erodible material without the installation of Energy Dissipaters and other necessary protective structures.

(i) Fills for constructed and Reconstructed Logging Road Watercourse crossings shall be thoroughly compacted in approximately one-foot lifts during installation. The face of crossing Fills shall be no greater than 65% (1.5:1, horizontal to vertical). Excavated material and cut banks resulting from construction or reconstruction which has access to a Watercourse shall be sloped back from the channel to prevent slumping, to minimize soil erosion, and to prevent Significant Sediment Discharge.

(j) Critical Dips shall be incorporated into the construction or reconstruction of Logging Road Watercourse crossings utilizing culverts, except where diversion of overflow is addressed by other methods stated in the Plan.

(k) Watercourse crossings and associated Fills and approaches shall be constructed and maintained to prevent diversion of Stream overflow down the road, and to minimize Fill erosion should the drainage structure become obstructed. Methods to mitigate or address diversion of Stream overflow at Logging Road Watercourse crossings shall be stated in the Plan.

(l) Any necessary protective structures associated with Logging Road Watercourse crossings such as wing walls, rock armored headwalls, and downspouts shall be adequately sized to transmit runoff, minimize erosion of crossing Fills, and prevent Significant Sediment Discharge. Rock used to stabilize the outlets of crossings shall be adequately sized to resist mobilization, with the range of required rock dimensions described in the Plan.

(m) The following drainage standards shall apply to Logging Road Watercourse crossings:

(1) Adequate surface drainage at Logging Road Watercourse crossings shall be provided through the use of Logging Road surface shaping in combination with the installation of Drainage Facilities, Ditch Drains, or other necessary protective structures to hydrologically disconnect the road from the crossing to the extent Feasible.

(2) Consistent with 14 CCR § 923.5(a)-(i), Drainage Facilities and Ditch Drains shall be installed adjacent to Logging Road Watercourse crossings, as needed, to hydrologically disconnect to the extent Feasible the Logging Road Approach from the crossing, to minimize soil erosion and sediment transport, and to prevent Significant Sediment Discharge during and upon completion of Timber Operations. Guidance on Hydrologic Disconnection may be found in "Board of Forestry Technical Rule Addendum Number 5: Guidance on Hydrologic Disconnection, Road Drainage, Minimization of Diversion Potential, and High Risk Crossings" (1st Edition, revised 04/21/15), hereby incorporated by reference.

(3) Drainage structures and facilities installed adjacent to Logging Road Watercourse crossings shall be located to avoid discharging concentrated runoff onto Fills, erodible soils, Unstable Areas, and Connected Headwall Swales to the extent Feasible.

(n) Where a significant volume of sediment is stored upstream from a Logging Road Watercoursecrossing that is proposed to be Reconstructed or removed, the stored sediment shall be removed or stabilized, to the extent Feasible, as described in the Plan and in conformance with the conditions of required CDFW F&GC. § 1600 agreements, where applicable.

(o) Where crossing Fills over culverts are large, or where Logging Road Watercourse crossing drainage structures and Erosion Control features historically have a high failure rate, such drainage structures and Erosion Control features shall be oversized, designed for low maintenance, reinforced, or removed before the completion of Timber Operations or as specified in the Plan. Guidance on reducing the potential for failure at high risk Watercourse crossings may be found in "Board of Forestry Technical Rule Addendum Number 5: Guidance on Hydrologic Disconnection, Road Drainage, Minimization of Diversion Potential, and High Risk Crossings" (1st Edition, revised 04/21/15), hereby incorporated by reference.

(p) All Logging Road Watercourse crossings that are proposed by the Plan submitter to be removed, including temporary crossings and those along abandoned or Deactivated Roads, shall be removed as described in the Plan and shall apply the following standards:

(1) Fills shall be excavated to form a channel that is as close as Feasible to the natural Watercourse grade and orientation, and that is wider than the natural channel as observed upstream and downstream of the Logging Road Watercourse crossing to be removed.

(2) The excavated material and any resulting cut bank shall be no greater than 65% (1.5:1, horizontal to vertical) from the outside edge of the constructed channel to prevent slumping, to minimize soil erosion and sediment transport, and to prevent Significant Sediment Discharge. Exposed soil located between the Watercourse crossing and the nearest adjacent drainage facility or hydrologic divide, whichever is closer, including cut banks and excavated material, shall be stabilized by seeding, mulching, rock armoring, replanting, or other suitable treatment to prevent soil erosion and Significant Sediment Discharge.

(3) Where it is not Feasible to remove a Logging Road Watercourse crossing or its associated Fill to the above standards, the Plan shall identify how soil erosion and Significant Sediment Discharge will be prevented.

(4) All Logging Road Watercourse crossings proposed for removal shall be removed upon completion of use, prior to the Winter Period or as specified in the applicable CDFW F&GC. § 1600 agreement, whichever is earlier, or as otherwise specified in the Plan.

(q) Logging Road Watercourse crossings shall not be constructed or Reconstructed under Saturated Soil Conditions or when such activities could result in Significant Sediment Discharge.

(r) Temporary Logging Road Watercourse crossings shall be removed and stabilized prior to the Winter Period or as specified in the Plan.

(s) In Watersheds with Listed Anadromous Salmonids and in Planning Watersheds immediately upstream of, and contiguous to, any watershed with listed anadromous salmonids, where construction or reconstruction is proposed during the Extended Wet Weather Period, no Timber Operations shall take place unless the approved Plan incorporates a complete Winter Period operating Plan pursuant to 14 CCR § 934.7(b) that specifically addresses such construction or reconstruction.

(t) The following stabilization standards shall apply to Logging Road Watercourse crossings:

(1) Soil stabilization measures shall be described in the Plan and may include, but are not limited to, removal, armoring with Rip-rap, replanting, mulching, seeding, installing commercial Erosion Control devices to manufacturer's specifications, or chemical stabilizers.

(2) Bare soil on Fills or Sidecast associated with Logging Road Watercourse crossings that are created or exposed by Timber Operations shall be stabilized to the extent necessary to minimize soil erosion and sediment transport and to prevent Significant Sediment Discharge. Erosion Control measures for the traveled surface of roads and Landing surfaces are specified in 14 CCR §§ 943.5 and 943.7. Sites to be stabilized include, but are not limited to, Sidecast or Fill exceeding 20 feet in slope distance from the outside edge of the road surface at the Logging Road Watercourse crossing.

(3) Soil stabilization treatments shall be in place upon completion of operations for the year of use or prior to the Extended Wet Weather Period, whichever comes first. An exception is that bare areas created during the Extended Wet Weather Period shall be treated prior to the start of rain that generates overland flow, or within 10 days of the creation of the bare area(s), whichever is sooner, or as agreed to by the Director.

(4) In Watersheds with Listed Anadromous Salmonids and in Planning Watersheds immediately upstream of, and contiguous to, any watershed with listed anadromous salmonids, treatments to stabilize soils, minimize soil erosion, and prevent Significant Sediment Discharge within the WLPZ and within any ELZ or EEZ designated for Watercourse or Lake protection shall be described in the Plan as follows:

(A) In addition to the requirements of 14 CCR § 943.9(p)(1)-(3), soil stabilization is required for the following:

1. Areas exceeding 100 continuous square feet where Timber Operations have exposed bare soil.

2. Disturbed Logging Road Watercourse crossing cut banks and Fills.

3. Any other area of disturbed soil that threatens to cause Significant Sediment Discharge.

(B) Where straw mulch is used, the minimum straw coverage shall be 90%, and any treated area that has been reused or has less than 90% Surface Cover shall be treated again by the end of Timber Operations.

(D) For areas disturbed outside the Extended Wet Weather Period, treatment shall be completed prior to the start of any rain that causes overland flow across or along the disturbed surface that could result in Significant Sediment Discharge.

(E) For areas disturbed during the Extended Wet Weather Period, treatment shall be completed prior to any day for which a chance of rain of 30% or greater is forecast by the National Weather Service or within 10 days of disturbance, whichever is earlier.

(u) Logging Road Watercourse crossings shall be monitored and maintained during Timber Operations and throughout the Prescribed Maintenance Period as needed, to comply with 14 CCR § 1050. The Prescribed Maintenance Period is specified in 14 CCR § 943.7(i)-(j). 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 Watercourse crossing function. The Department shall also conduct monitoring inspections at least once during the Prescribed Maintenance Period to assess Watercourse crossing conditions.

(1) Inspections shall include checking Watercourse crossings 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.

(v) Logging Road Watercourse crossings shall be maintained as designed, constructed, and Reconstructed during Timber Operations and throughout the Prescribed Maintenance Period. Crossings used in connection with Stocking activities shall be maintained throughout such use, even if this extends beyond the Prescribed Maintenance Period.

1. New section filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
2. Amendment of subsection (g) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
3. Amendment of subsection (g) filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
4. Amendment of last paragraph filed 7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 28).
5. Amendment of subsection (g) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
6. Amendment of subsection (g) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
7. Amendment of subsection (g) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
8. Amendment of first paragraph filed 11-29-2007; effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective (Register 2007, No. 48).
9. Amendment of subsection (g) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
10. Amendment of section heading and section filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
11. Change without regulatory effect amending introductory paragraph filed 8-11-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 33).
12. 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).
13. Change without regulatory effect amending subsections (m)(2) and (o) filed 11-26-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 48).
14. Amendment of subsections (m)(2) and (o) and amendment of NOTE filed 6-2-2017; operative 1-1-2018 pursuant to Public Resources Code section 4554.5(a) (Register 2017, No. 22).
15. 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 and 21004, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4562.5, 4562.7 and 4597, Public Resources Code; 40 CFR 130.2(q); and Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1972) 59 Cal. App. 3d 959, 131 Cal. Rptr. 172.

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