Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The RPF or Supervised Designee shall
conduct a field examination and map all Lakes and Class I, II, III, and IV
Watercourses.
(1) As part of this field
examination, the RPF or Supervised Designee shall evaluate areas near, and
areas with the potential to directly impact, Watercourses and Lakes for
sensitive conditions including, but not limited to, existing and proposed
roads, skidtrails and Landings, unstable and erodible Watercourse Banks,
unstable upslope areas, debris, jam potential, inadequate flow capacity,
migrating channels, overflow channels, Flood Prone Areas, and Riparian zones
wherein the values set forth in
14 CCR
§
936.4, subsection (b) are impaired.
The RPF shall consider these conditions, and those measures needed to maintain,
and restore to the extent Feasible, the functions set forth in
14 CCR
§
936.4(b) when
proposing WLPZ widths and protection measures. The Plan shall identify such
conditions, including where they may interact with proposed Timber Operations,
that individually or cumulatively significantly and adversely affect the
Beneficial Uses of water, and shall describe measures to protect and restore to
the extent Feasible, the Beneficial Uses of water. In proposing, reviewing, and
approving such measures, preference shall be given to measures that are
on-site, or to offsite measures where sites are located to maximize the
benefits to the impacted portion of a Watercourse or Lake.
(2) As part of this field examination, the
RPF or Supervised Designee shall map the location of spawning and rearing
habitat for anadromous salmonids, and the condition of the habitat shall be
evaluated using habitat typing that at a minimum identifies the pool,
flatwater, and riffle percentages. The opportunity for habitat restoration
shall be described within the Plan for each Class I Watercourse, and for each
Class II Watercourse that can be feasibly restored to a Class I.
(3) The mapping of conditions identified in
subsection (a)(1) and (a)(2) above, and their protective measures, shall be
sufficiently clear and detailed to permit the Director and the other review
team representatives to evaluate the potential environmental impacts of Timber
Operations, the proposed mitigation measures and the proposed restoration
measures.
(4) The mapping of
conditions identified in subsection (a)(1) and (a)(2) above, and their
protective measures, shall be sufficiently clear and detailed to provide
direction and clear guidance to the Timber Operator.
(5) The mapping of conditions identified in
14 CCR
§
936.4 subsections (a)(1) and (a)(2),
and their protective and restoration measures, should be done at a scale of
1:2,400. In site-specific cases, the mapping of critical locations of
corrective work and logging operation impacts shall be done at a scale of at
least 1:240 when the Director determines it is necessary to evaluate the
Plan.
(6) One set of photocopies of
recent stereo aerial photographs of the Plan area may be required by the
Director.
(b) The
standard width of the WLPZ and/or the associated basic protection measures
shall be determined from Table I (14 CCR §
936.5),
or §
956.4(c), and
shall be stated in the Plan. A combination of the Rules, the Plan, and
mitigation measures shall provide protection for the following:
a. Water temperature control.
b. Streambed and flow modification by large
Woody debris.
c. Filtration of
organic and inorganic material.
d.
Upslope stability.
e. Bank and
channel stabilization.
f. Spawning
and rearing habitat for salmonids
g. Vegetation Structure diversity for fish
and Riparian wildlife habitat, possibly including but not limited to,
1. Vertical diversity
2. Migration corridor
3. Nesting, roosting, and escape
4. Food abundance
5. Microclimate modification
6. Snags
7. Surface cover
(1) Measures and the appropriate zone widths
for the protection of the State's waters which have been taken from Table I
(14 CCR
§
936.5) or developed under §
936.4(c) shall be
stated in the THP.
(2) All Timber
Operations shall conform to the Marking, flagging and other identification of
protective measures specified in
14 CCR
§§
936.4 and
936.5 and the THP. Conformance
shall be determined based on the evaluation of no less than a 200 foot lineal
segment of each Watercourse or Lake.
(3) The width of the WLPZ shall be measured
along the surface of the ground from the Watercourse or Lake Transition Line or
in the absence of Riparian vegetation from the top edge of the Watercourse
Bank.
(4) Slopes shall be measured
in percent for the proposed WLPZ. If topography within the proposed WLPZ is
variable, segments of the proposed WLPZ should be segregated by slope class as
indicated in Table I,
14 CCR
§
936.5.
(5) If requested by either party, and after
on-the-ground inspection, the RPF and the Director may increase or decrease the
width of a proposed WLPZ. A decrease shall not exceed 25% of the width as
determined by the procedure prescribed in
14 CCR
§§
936.4(c), and
936.5. Such changes in zone width
shall be based on considerations of soil, slope, biologic, hydrologic, and
geologic values listed in
14 CCR
§
936.4(b),
Silvicultural Methods, Yarding systems, road location, and Site Preparation
activities. In no case shall the width be adjusted to less than 50 feet for
Class I and II waters. Where soil surfaced roads exist within the standard
WLPZ, no in-lieu reduction of WLPZ width shall be approved.
(6) Within the WLPZ, at least 75% Surface
Cover and undisturbed area shall be retained to act as a filter strip for
raindrop energy dissipation, and for wildlife habitat.
This percentage may be adjusted to meet site specific
conditions when proposed by the RPF and approved by the Director or where
Broadcast Burning is conducted under the terms of a Project type burning permit
and in compliance with
14 CCR
§
935.2(b).
(c) The protection and WLPZ widths for Class
III and Class IV waters shall prevent the degradation of the downstream
Beneficial Use of water and shall be determined on a site-specific basis.
(1) Where operations occur adjacent to Class
III Watercourses, the RPF shall designate in the THP an Equipment Limitation
Zone (ELZ) of at least 25 feet where sideslope steepness is less than 30% and
at least 50 feet where sideslope steepness is 30% or greater unless explained
and justified otherwise in the THP and approved by the Director. Class III
Watercourses within Logging Areas where the EHR is Low and the slopes are less
than 30% shall not require an ELZ unless proposed by the RPF or required by the
Director. The RPF shall describe the limitations on the use of heavy equipment
in the THP. Where appropriate to protect the Beneficial Uses of water the RPF
shall describe additional protection measures which may include Surface Cover
retention, Vegetation Protection and Timber Falling Limitations. The location
of the areas of heavy equipment use in any ELZ shall be clearly described in
the Plan, or flagged or marked on the ground before the preharvest inspection.
When necessary to protect the Beneficial Use of water, the RPF shall designate
and the Director may require a WLPZ for Class III and Class IV waters or an ELZ
for Class IV waters.
(2) The width
of the WLPZ for Class III and Class IV waters shall be determined from on-site
inspection. Minimum protective measures required when Class III and Class IV
protection zones are necessary are contained in Table I
14 CCR
§
936.5.
(3) Soil deposited during Timber Operations
in a Class III Watercourse other than at a temporary crossing shall be removed
and debris deposited during Timber Operations shall be removed or stabilized
before the conclusion of Timber Operations, or before October 15. Temporary
crossings shall be removed before the Winter Period, or as approved by the
Director.
(4) When approved by the
Director on an individual Plan basis as provided in
14 CCR
§
936.4(c)(1) Class IV
waters shall be exempted from required protection when such protection is
inconsistent with the management objectives of the owner of the Manmade
Watercourse.
(d) Heavy
equipment shall not be used in timber falling, Yarding, or Site Preparation
within the WLPZ unless such use is explained and justified in the THP, and
approved by the Director.
(e)
Flagging for heavy equipment use within the WLPZ adjacent to Class I waters and
for all Tractor Road Watercourse crossings of all Watercourses must be
completed before the preharvest inspection, if one is conducted or start of
operations, whichever comes first. Flagging for heavy equipment use within the
WLPZ adjacent to Class II, III and IV waters may be done at the option of the
RPF or as required by the Director on a site-specific basis.
(f) Subsection (d) does not apply to (1)-(4)
below. Subsection (e) does not apply to (2)-(4) below.
(1) At prepared tractor road crossings as
described in §
934.8(b).
(2) Crossings of Class III Watercourses which
are dry at the time of Timber Operations.
(3) At existing road crossings.
(4) At new tractor and road crossings
approved as part of the Fish and Game Code process (F&GC §§
1600 et. seq.)
1.
Repealer and new section filed 5-31-83; designated effective 7-1-83 (Register
83, No. 23).
2. Editorial correction of 5-31-83 order filed 6-16-83
redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No.
26).
3. Amendment of subsection (d) filed 12-4-89; operative 2-1-90
(Register 89, No. 50).
4. Amendment and new subsection (b)(6) filed
9-23-91; operative 10-23-91 (Register 92, No. 25).
5. Amendment of
subsections (d)-(d)(2) and new final subsections (1)-(4) filed 12-8-95;
operative 12-8-95 pursuant to Government Code section
11343.4(d)
(Register 95, No. 49).
6. Repealer and new subsection (c)(1),
amendment of subsection (d), redesignation and amendment of former sections
(d)(1)-(d)(2) as new subsection (e), and new subsection (f) filed 11-19-97;
operative 1-1-98 pursuant to Public Resources Code section
4554.5
(Register 97, No. 47).
7. Amendment of subsection (a) filed
11-26-97; operative 1-1-98 pursuant to Public Resources Code section
4554.5
(Register 97, No. 48).
8. Editorial correction of subsection (d)
(Register 99, No. 26).
9. Redesignation and amendment of portion of
subsection (a) as (a)(1), new subsections (a)(2)-(6), amendment of subsection
(b), new subsection (b)f. and subsection relettering filed 12-1-2000; operative
1-1-2001 pursuant to Public Resources Code section
4554.5
(Register 2000, No. 48).
10. Amendment of subsections (a) and (a)(1)
filed 6-11-2014; operative 1-1-2015 pursuant to Public Resources Code section
4554.5
(Register 2014, No. 24).
11. 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,
4553,
4562.7
and
21000(g),
Public Resources Code. Reference: Sections
4512,
4513,
4551.5
and
21001(f),
Public Resources Code; Sections
1600
and
5650(c),
Fish and Game Code; Sections
100,
13000 and
13050(f),
Water Code; and 33 USC
Section
1288(b)(2)(F).
