California Code of Regulations
Title 14 - Natural Resources
Division 1.5 - Department of Forestry and Fire Protection
Chapter 4 - Forest Practices
Subchapter 6 - Southern Forest District Rules
Article 2 - Ratings and Standards
Section 952.9 - Cumulative Impacts Assessment Checklist
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
STATE OF CALIFORNIA BOARD OF FORESTRY AND FIRE PROTECTION CUMULATIVE IMPACTS ASSESSMENT
(a) Do the assessment area(s) of resources that may be affected by the proposed Project contain any Past Projects or Reasonably Foreseeable Probable Future Projects?
Yes ___ No___ |
If the answer is yes, identify the Project(s) and affected resource subject(s).
(b) Are there any continuing, significant adverse Impacts from past land use activities within the assessment area(s) that may add to the Impacts of the proposed Project?
Yes ___ No___ |
If the answer is yes, identify the activities, describing their location, Impacts and affected resource subject(s).
(c) Will the proposed Project, as presented, in combination with Projects or Reasonably Foreseeable Probable Future Projects identified in items (a) and (b) above, have a reasonable potential to cause or add to significant adverse Cumulative Impacts in any of the following resource subjects?
Resource Subjects | Yes after mitigation (1) | No after mitigation (2) | No reasonably potential significant adverse Impacts (3) | |
(A) | Watershed | ______ | ______ | ______ |
(B) | Soil Productivity | ______ | ______ | ______ |
(C) | Biological | ______ | ______ | ______ |
(D) | Recreation | ______ | ______ | ______ |
(E) | Visual | ______ | ______ | ______ |
(F) | Traffic | ______ | ______ | ______ |
(G) | Greenhouse Gases (GHG) | ______ | ______ | ______ |
(H) | Wildfire Risk and Hazard | ______ | ______ | ______ |
(I) | Other |
NOTE: Guidance on evaluating Impacts to resource subjects are provided within the Appendix to Technical Rule Addendum No. 2.
(d) If column (1) is checked in (c) above, describe why the expected Impacts cannot be feasibly mitigated or avoided and what mitigation measures or alternatives were considered to reach this determination. If column (2) is checked in (c) above, describe what mitigation measures or alternatives have been selected which will substantially reduce or avoid reasonably potential significant adverse Cumulative Impacts.
(e) Provide a brief description of the assessment area used for each resource subject.
(f) List and briefly describe the individuals, organizations, and records consulted in the assessment of Cumulative Impacts for each resource subject. Records of the information used in the assessment shall be provided to the Director upon request.
BOARD OF FORESTRY AND FIRE PROTECTION TECHNICAL RULE ADDENDUM NO. 2 CUMULATIVE IMPACTS ASSESSMENT
The purpose of this addendum is to provide a framework for the assessment of Cumulative Impacts as required in 14 CCR § 898 that may occur as a result of proposed Timber Operations. Cumulative Impacts, pursuant to 14 CCR § 15355, refers to two or more individual Effects which, when considered together, are considerable or which compound or increase other environmental Impacts. This assessment shall include evaluation of both on-site and off-site interactions of proposed Project activities with the Impacts of Past Projects and Reasonably Foreseeable Probable Future Projects.
Resource subjects to be considered in the assessment of Cumulative Impacts are listed in 14 CCR § 952.9(c) and described in greater detail in the Appendix to this Addendum.
In conducting an assessment, the RPF must distinguish between the potential on-site Impacts of the Plan's proposed activities (which may not be significant when considered alone) with Impacts of Past Projects and Reasonably Foreseeable Probable Future Projects pursuant to 14 CCR § 15130(b)(1)(A).
The RPF preparing a Plan shall conduct an assessment based on information that is reasonably available prior to submission of the Plan. RPFs shall submit sufficient information to support their findings if significant issues are raised during the Department's review of the Plan.
Information used in the assessment of Cumulative Impacts may be supplemented during the Plan review period. Agencies participating in Plan review may provide input into the Cumulative Impacts assessment based upon their area of expertise. Agencies shall justify and support their recommendations with documentation.
The Department, as lead agency, shall make the final determination regarding assessment sufficiency and the presence or absence of significant adverse Cumulative Impacts. This determination shall be based on a review of all sources of information provided and developed during review of the Plan.
The RPF shall establish and briefly describe the assessment area within or surrounding the Plan for each resource subject and shall briefly explain the rationale for establishing the assessment area. This shall be a narrative description and each established assessment area shall be shown on a map when a map adds clarity.
The RPF who prepares the Plan shall obtain information from Plan submitters (Timberland or Timber Owner), appropriate agencies, landowners, and individuals about past, and future land management activities. The RPF shall list and briefly describe the individuals, organizations, and records relied upon as sources of information in the assessment of Cumulative Impacts, including references for listed records and the names, affiliations, and contact information of specific individuals contacted. Records of information used in the assessment shall be provided to the Director upon request.
Common sources of information for the assessment of Cumulative Impacts are identified below. Sources to be used will depend upon the complexity of individual situations and the amount of information available from other Plans. Sources not listed below may have to be consulted based on individual circumstances. Not all sources of information need to be consulted for every Plan. Additionally, a poll of adjacent landowners is encouraged, and may be required by the Department, to identify past, and future land management activities and significant adverse environmental Impacts on adjacent ownerships.
a. County Planning Department; | b. Biologists; | |
c. Geologists; | d. Soil scientists; | |
e. Hydrologists; | f. Federal agencies; | |
g. State agencies; | h. Public and private utilities. |
a. Soil maps; | b. Geology maps; | |
c. Aerial photographs; | d. Natural Diversity Data Base; | |
e. Plan records; | f. Special environmental reports; | |
g. Topographic maps; | h. Basin plans; | |
i. Fire history maps; | ||
j. Relevant public agency documents or plans; | ||
k. Relevant watershed or wildlife studies (published or unpublished); | ||
l. Available modeling approaches. |
Past Projects and Reasonably Foreseeable Probable Future Projects included in the Cumulative Impacts assessment shall be described as follows:
Table 1
Silvicultural Category | Silvicultural Method |
Evenaged Management 14 CCR § 913.1 | Clearcutting, Seed Tree Seed Step, Seed Tree Removal Step, Shelterwood Preparatory Step, Shelterwood Seed Step, Shelterwood Removal Step |
Unevenaged Management 14 CCR § 913.2 | Selection, Group Selection, Transition |
Intermediate Treatments 14 CCR § 913.3 | Commercial Thinning, Sanitation-Salvage |
Special Prescriptions and Other Management 14 CCR § 913.4 | Special Treatment Area Prescriptions, Rehabilitation of Understocked Area Prescription, Fuelbreak/Defensible Space, Southern Subdistrict Special Harvesting Method (14 CCR § 913.8), Variable Retention, Conversion |
Alternative Prescriptions shall be put into the silvicultural category within which the most nearly appropriate or Feasible Silvicultural Method in the Rules is found pursuant to 14 CCR § 953.6(b)(3).
This Appendix provides guidelines for evaluating Cumulative Impacts to resource subjects listed in 14 CCR § 952.9(c). The Appendix includes factors, and methods for analysis, that can be considered or used to determine if the Project has a reasonable potential to cause or add to significant adverse Cumulative Impacts.
Cumulative watershed Effects (CWEs) occur within and near bodies of water or Wet Meadows or Other Wet Areas, where individual Impacts are combined to produce an effect that is greater than any of the individual Impacts acting alone. Factors to consider in the evaluation of CWEs include those listed below. The factors described are general and may not be appropriate for all situations. In some cases, measurements may be required for evaluation of the potential for significant adverse Effects. The evaluation of Impacts to watershed resources is based on significant adverse on-site and off-site Cumulative Impacts on Beneficial Uses. Additionally, the Plan must comply with the quantitative or narrative water quality objectives set forth in an applicable Water Quality Control Plan.
Potentially adverse Impacts are most likely to occur in the following locations and situations:
* Downstream areas of low Watercourse gradient where sediment from a new source may be deposited in addition to sediment derived from existing or other new sources.
* Immediately downstream from where sediment from a new source is combined with sediment from other new or existing sources and the combined amount of sediment exceeds the transport capacity of the Watercourse.
* Any location where sediment from new sources in combination with suspended sediment from existing or other new sources significantly increases turbidity, reduces the survival of fish or other aquatic organisms, or otherwise reduces the Quality of Waters used for domestic, agricultural, or other Beneficial Uses.
* Channels with relatively steep gradients which contain accumulated sediment and debris that can be mobilized by sudden new sediment inputs, such as debris flows, resulting in debris torrents and severe channel scouring.
Potentially significant adverse Impacts of cumulative sediment inputs may include:
* Increased treatment needs or reduced suitability for domestic, municipal, industrial, or agricultural water use.
* Direct mortality of fish and other aquatic Species.
* Impaired spawning and rearing habitat for salmonids or otherwise reduced viability of aquatic organisms, or disruption of aquatic habitats, and loss of Watercourse productivity caused by filling of pools and plugging or burying gravel.
* Accelerated channel filling (aggradation) resulting in loss of streamside vegetation and Watercourse migration that can cause accelerated bank erosion.
* Accelerated channel filling (aggradation) resulting in increased frequency and magnitude of overbank flooding.
* Accelerated filling of downstream reservoirs, navigable channels, water diversion and transport facilities, estuaries, and harbors.
* Channel scouring by debris flows and torrents.
* Nuisance to or reduction in water related recreational activities. Situations where sediment production potential is greatest include:
* Sites with high or extreme Erosion Hazard Ratings.
* Sites which are tractor logged on steep slopes.
* Unstable Areas.
* Where Class I or II Watercourse bottom materials are dark in color.
* Where water is shallow and has little underflow.
* Where removal of streamside Canopy results in substantial, additional solar exposure or increased contact with warm air at two or more locations along a Class I or II Watercourse.
* Where removal of streamside Canopy results in substantial, additional solar exposure or increased contact with warm air at two or more Class I or II Watercourses that are tributary to a larger Class I or II Watercourse.
* Where water temperature is near a biological threshold for specific Species.
Significant adverse Impacts of cumulative temperature increases include:
* Increases in the metabolic rate of aquatic Species.
* Direct increases in metabolic rate and/or reduction of dissolved oxygen levels, either of which can cause reduced vigor and death of sensitive fish and other sensitive aquatic organisms.
* Increased growth rates of microorganisms that deplete dissolved oxygen levels or increased disease potential for organisms.
* Class I or II Watercourse biology shifts toward warmer water ecosystems.
Cumulative soil productivity Impacts occur when the Effects of two or more activities, from the same or different Projects, combine to produce a significant decrease in soil biomass production potential. These Impacts most often occur on-site within the Project boundary, and the relative severity of productivity losses for a given level of Impact generally increases as site quality declines.
Factors to consider in the evaluation of Cumulative Impacts influencing soil productivity are listed below:
Displacement of surface organic matter occurs as a result of Skidding, Mechanical Site Preparation, and other land disturbing Timber Operations. Actual loss of organic matter occurs as a result of burning or erosion. The effects of organic matter loss on soil productivity may be expressed in terms of the percentage displacement or loss as a result of all Project activities.
Surface soil is primarily lost by erosion or by displacement into windrows, piles, or Fills. Mass wasting is a special case of erosion with obvious extreme effects on site productivity. The Impacts of surface soil loss may be evaluated by estimating the proportion of the Project area affected and the depth of loss or displacement.
Compaction Effects may be evaluated by considering the soil conditions, as listed above, at the time of harvesting activities and the proportion of the Project area subjected to compacting forces.
The Effects of growing space loss may be evaluated by considering the overall pattern of roads, etc., relative to Feasible Silvicultural Systems and Yarding methods.
Significant adverse Cumulative Impacts may be expected where there is a substantial reduction in required habitat or the Project will result in substantial interference with the movement of resident or migratory Species. Biological assessment areas can vary with the habitat and Species being evaluated. Factors to consider in the evaluation of cumulative biological Impacts include:
The significance of Cumulative Impacts on non-listed Species viability may be determined relative to the benefits to other non-listed Species. For example, the manipulation of habitat results in conditions which discourage the presence of some Species while encouraging the presence of others.
Near-water multistoried canopies in Riparian zones that include conifer and hardwood tree Species provide an important element of structural diversity to the habitat requirements of wildlife. Near-water multistoried Canopy may be evaluated by estimating the percentage of ground covered by one or more Canopy strata, with more emphasis placed on shrub Species along Class III and IV Watercourses (14 CCR §§ 916.5, 936.5, or 956.5).
Hardwoods provide an important element of habitat diversity in the coniferous forest and are utilized as a source of food and/or cover by a large proportion of the state's bird and mammal Species. Productivity of deer and other Species has been directly related to mast crops.
Hardwood cover can be estimated using the Basal Area Per Acre provided by hardwoods of all Species.
To sustain and optimize wildlife habitat, a diversity of stand structural and seral conditions, and tree size and age classes of deciduous oaks should be retained in proportions that are ecologically sustainable. Regeneration and recruitment of young deciduous oaks can, over time, replace mortality of older trees. Deciduous oaks present in sufficient quality and quantity, and in appropriate locations provide Functional habitat elements for hardwood-associated wildlife.
In general, larger hardwoods are more valuable to a greater diversity of wildlife than smaller hardwoods.
Determination of the presence or absence of late seral (mature) forest characteristics provides a basis from which to begin an assessment of the influence of management on associated wildlife. These characteristics include large trees as part of a multilayered Canopy, large decadent trees, and the presence of large numbers of Snags and downed logs, all of which contribute to an increased level of stand decadence and complexity. Late seral forests may be evaluated by estimating the percentage of the land base within the Plan and the biological assessment area occupied by areas conforming to the following definitions:
* Forests not previously harvested that are at least 80 acres in size to maintain the effects of edge. This acreage is variable based on the degree of similarity in surrounding areas. The stand includes a multi-layered Canopy, two or more tree Species with several large coniferous trees per acre (smaller subdominant trees may be either conifers or hardwoods), large conifer Snags, and an abundance of large woody material.
* Previously harvested forests that are in many possible stages of succession and may include remnant patches of late seral forest which generally conform to the definition of unharvested forests but do not meet the acreage criteria.
This fragmentation may be evaluated by estimating the number of acres within the Project area, as well as the biological assessment area occupied by portions of or entire late seral stands at least 80 acres in size (considering the mitigating influence of adjacent and similar habitat, if applicable) and less than one mile apart, or connected by a corridor of similar habitat.
Special habitat elements are specific physical and biological attributes of the landscape without which certain Species are not expected to be present or, if present, are at relatively low population numbers. The biological assessment area may contain special habitat or critical Functional elements that are not otherwise discussed within this Appendix (e.g., meadows that may be critical for fawning success of local deer population, etc...). Each Species may have several key limiting factors to consider during the assessment of Cumulative Impacts.
The recreational assessment area is generally the area that includes the Logging Area plus 300 feet.
Factors to consider in assessing recreational Cumulative Impacts include:
The visual assessment area is generally the Project area that is readily visible to significant numbers of people who are no further than three miles from the Project area. Factors to consider in the assessment of visual Cumulative Impacts include:
The traffic assessment area involves the first roads not part of the Logging Area on which logging traffic must travel. Factors to consider in assessing traffic Cumulative Impacts include:
Forest management activities may affect GHG sequestration and emission rates of forests through changes to forest inventory, growth, yield, and mortality. Timber Operations and subsequent production of wood products, and in some instances energy, can result in the emission, storage, and offset of GHGs. One or more of the following options can be used to assess the potential for significant adverse cumulative GHG Effects:
Cumulative increase in wildfire risk and hazard can occur when the Effects of two or more activities from one or more Projects combine to produce a significant increase in forest fuel loading in the vicinity of residential dwellings and communities.
The following elements may be considered in the assessment of potential Cumulative Impacts:
Within an assessment area there may be evidence of potential Cumulative Impacts to resource subjects that are not listed elsewhere within this Appendix, but which merit assessment. The assessment of any other resource subjects should focus on the factors and elements pertinent to the assessment of Cumulative Impacts related to those subjects.
1. New
section, Technical Rule Addendum #2, and Appendix filed 8-26-91; operative
8-26-91 pursuant to Government Code section
11346.2(d)
(Register 92, No. 20).
2. Editorial correction (Register 97, No.
48).
3. Amendment of section and NOTE filed 11-26-97; operative
1-1-98 pursuant to Public Resources Code section
4554.5
(Register 97, No. 48).
4. Amendment filed 12-2-99; operative
1-1-2000 pursuant to Government Code section
11343.4(a)
and Public Resources Code section
4554.5
(Register 99, No. 49).
5. Amendment of appendix technical rule
addendum #2, paragraph c.4.e. filed 11-18-2002; operative 1-1-2003 pursuant to
Public Resources Code section
4551.5
(Register 2002, No. 47).
6. Amendment filed 10-28-2004; operative
1-1-2005 (Register 2004, No. 44).
7. Amendment of section and NOTE
filed 10-15-2018; operative 1-1-2019 pursuant to Public Resources Code section
4554.5(a)
(Register 2018, No. 42).
Note: Authority cited: Sections 4551, 4551.9 and 21080.5, Public Resources Code. Reference: Sections 4512, 4512.5, 4513, 4551.5, 4551.9, 4582.6, 21000(g), 21002 and 21080.5, Public Resources Code; Natural Resources Defense Council, Inc. v. Arcata Nat. Corp. (1976) 59 Cal.App.3d 959; 131 Cal.Rptr. 172; and Laupheimer v. State (1988) 200 Cal.App.3d 440; 246 Cal.Rptr. 82.