Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Preparation or submittal of a notice of exemption
described in
14 CCR
§
1038, or Timber Operation thereunder,
shall comply with the additional exceptions or requirements as
described.
(a) A notice of exemption,
pursuant to
14 CCR
§
1038, shall be submitted to the
Director, on a form provided by the Department, prior to the commencement of
Timber Operations. The form shall contain the following information:
(1) The type of exemption.
(2) Name(s), address, and telephone number(s)
of the Timber Owner(s), timberland owner(s), and Timber Operator.
(3) Name, address, and telephone number and
license number of the RPF, if applicable.
(4) Legal description of the location of the
Timber Operation.
(5) The tentative
date of commencement of Timber Operations.
(6) A signature of the landowner certifying
that they are the landowner and have read and understand the information
contained within the notice of exemption.
(b) For notices of exemption pursuant to
14 CCR
§
1038, the additional requirements
apply:
(1) All Timber Operations conducted in
the Lake Tahoe Region must have a valid Tahoe Basin Tree Removal Permit, as
defined by TRPA, or shall be conducted under a valid TRPA Memorandum of
Understanding, when such a permit is required by TRPA.
(2) The Department shall provide the
appropriate RWQCB, CDFW, and CGS with copies of the submitted notice of
exemption prior to the tentative date of commencement of Timber
Operations.
(3) No helicopter
Yarding shall be allowed.
(c) The following additional exceptions or
requirements apply to exemptions pursuant to
14 CCR
§
1038 as provided in Table 1 below:
Table 1: Additional Exceptions or
Requirements
| Applicable Exceptions or
Requirements | Notice of Exemption
Type(s) |
| 14 CCR §
1038.1(c)(1)
| 14 CCR §
1038(c)(6), (d), (e), and
(f)
|
| 14 CCR §
1038.1(c)(2)
| 14 CCR §
1038(e) and
(f)
|
| 14 CCR §
1038.1(c)(3)
| Applies to all notices of exemption pursuant to
14 CCR
§
1038
|
| 14 CCR §
1038.1(c)(4)(A)
| 14 CCR §
1038(d)
|
| 14 CCR §
1038.1(c)(4)(B)
| 14 CCR §
1038(e) and
(f)
|
| 14 CCR §
1038.1(c)(5) through
(14)
| 14 CCR §
1038(b), (c), (d), (e), (f), and
(g)
|
| 14 CCR §
1038.1(c)(15)
| 14 CCR §
1038(a), (b), (c), (d), (e), and
(g)
|
(1) The
notice of exemption shall be prepared, signed, and submitted to the Department
by an RPF.
(2) Upon submission of
the notice of exemption, a Confidential Archaeological Letter pursuant to
14 CCR
§
929.1 [949.1; 969.1] must be provided
to the Director and the RPF shall send a copy of the notice of exemption to
Native Americans as defined in
14 CCR
§
895.1.
(3) No Timber Operations on any site that
satisfies the criteria listed in
14 CCR
§
895.1 for a Significant Archaeological
or Historical Site, except under the following conditions:
(A) If a Significant Archaeological or
Historical Site is identified by the RPF preparing the notice of exemption
within the project boundary, the site may be preserved in place by capping or
covering with a layer of soil prior to submission.
(B) If a site has been preserved in place,
the RPF preparing the notice of exemption shall obtain written concurrence from
a Department archeologist prior to submission indicating operations will not
cause damage to a Significant Archaeological or Historical Site.
(C) The written concurrence from a Department
archeologist shall be submitted with the notice of
exemption.
(4) Fuel
treatments as follows:
(A) Slash within the
Harvest Area shall be treated to achieve a maximum post-harvest depth of thirty
(30) inches above the ground. All Slash shall be lopped, removed, chipped,
piled for burning, or otherwise treated, within one (1) year from the date of
the Director receiving the notice except for burning. Burning shall be
completed within two (2) years from the date of the Director receiving the
notice.
(B) Slash shall be treated
to achieve a maximum post-harvest depth of eighteen (18) inches above the
ground on at least eighty (80) percent of the Harvest Area. All Slash shall be
lopped, removed, chipped, piled for burning, or otherwise treated, within one
(1) year from the date of the Director receiving the notice except for burning.
Burning shall be completed within two (2) years from the date of the Director
receiving the notice.
(5)
No tractor or heavy equipment operations on slopes greater than fifty (50)
percent. No construction of new tractor roads on slopes greater than forty (40)
percent.
(6) Timber Operations
within any Special Treatment Area shall comply with the rules associated with
that Special Treatment Area.
(7) No
tractor or heavy equipment operations on known Unstable Areas.
(8) No new road construction or
reconstruction, as defined in
14 CCR
§
895.1.
(9) No heavy equipment operations within the
standard width of a WLPZ, as determined pursuant to
14 CCR
§
916.4 [936.4, 956.4] (b), except for
maintenance of roads and Drainage Facilities or structures.
(10) No known sites of rare, threatened or
endangered plants or animals will be disturbed, threatened or
damaged.
(11) No Timber Operations
within the Buffer Zone of a Sensitive Species.
(12) No timber harvesting within the standard
width of a WLPZ, as determined pursuant to
14 CCR
§
916.4 [936.4, 956.4] (b), except
sanitation-salvage harvesting, as identified within
14 CCR
§
913.3 [933.3, 953.3], where
immediately after completion of operations, the area shall meet the Stocking
Standards of
14 CCR
§
912.7 [932.7, 952.7] (b)(2), or,
except the removal of dead or Dying trees where consistent with
14 CCR
§
916.4 [936.4, 956.4] (b). Trees to be
harvested shall be marked by, or under the supervision of, an RPF prior to
Timber Operations.
(13) The
Director shall notify the submitter of the date of the Director's receipt of
the notice of exemption. Timber Operations pursuant to the notice of exemption
may not commence for five (5) working days from the date of the Director's
receipt of the notice of exemption unless this delay is waived by the Director.
If the notice of exemption is not complete and accurate, the Director shall
notify the submitter within five (5) working days from the date of the
Director's receipt, and the Timber Operations may not commence. The Director
shall determine whether the notice of exemption is complete and accurate, and
if so, shall send a copy of a notice of acceptance to the submitter; provided,
however, if the Director does not act within five (5) working days of receipt
of the notice of exemption, Timber Operations may commence.
(A) Timber Operations may not be conducted
without a copy of the Director's notice of acceptance of the notice of
exemption at the operating site, except where the Director has failed to act
within the five (5) working-day review period.
(14) Before beginning Timber Operations, the
LTO, RPF, or person responsible for submittal of the notice of exemption shall
notify CAL FIRE of the actual commencement date of operations. The
notification, by telephone, mail, or email, shall be directed to the
appropriate CAL FIRE Unit Headquarters, Forest Practice Inspector or other
designated personnel. If the notification is provided by mail, Timber
Operations may not commence until three (3) days after the postmark date of
notification. The provisions of this paragraph do not supersede the
requirements of paragraph (13) above.
(15) No large old trees, defined as a tree
that existed before 1800 AD and is greater than sixty (60) inches in diameter
at stump height for Sierra or Coast Redwoods, and forty-eight (48) inches in
diameter at stump height for all other tree species, or Decadent and Deformed
Trees with Value to Wildlife shall be harvested unless the following apply:
(A) The tree is not critical for the
maintenance of a Late Successional Stand.
(B) A RPF attached to the submitted notice of
exemption a written explanation and justification for the harvest of the tree
based on the RPF's finding of any of the following:
1. The tree is a hazard to safety or
property.
2. The removal of the
tree is necessary for the construction of a building as approved by the
appropriate local jurisdiction and shown on the county or city approved site
plan, which shall be attached to the submitted notice of exemption.
3. The tree is dead or likely to die within
one (1) year of the date of the proposed removal, as determined by an
RPF.
(C) An RPF's written
explanation or justification need not be attached to the submitted notice of
exemption if an approved Habitat Conservation Plan, Sustained Yield Plan, or
Plan addresses large old tree retention for the area in which the large old
tree is proposed for removal and the removal is in compliance with the
retention standards of that document.
1. New
section filed 10-21-83; effective upon filing pursuant to Government Code
Section
11346.2(d)
(Register 83, No. 43).
2. Amendment filed 7-31-95; operative 7-31-95
pursuant to Government Code section
11343.4(d)
(Register 95, No. 31).
3. Amendment of second paragraph filed
11-26-97; operative 1-1-98 pursuant to Public Resources Code section
4554.5
(Register 97, No. 48).
4. Amendment filed 2-17-2000; operative
7-1-2000 pursuant to Public Resources Code section
4554.5
(Register 2000, No. 7).
5. Change without regulatory effect amending
section filed 10-31-2017 pursuant to section
100, title 1, California Code of
Regulations (Register 2017, No. 44).
6. Amendment filed 11-13-2018;
operative 1-1-2019 pursuant to Public Resources Code section
4554.5
(Register 2018, No. 46).
7. Amendment of section heading, repealer
and new section and amendment of NOTE filed 2-19-2019 as an emergency;
operative 2-19-2019 (Register 2019, No. 8). Pursuant to Statutes 2018, chapter
626, section 46 (SB 901), this amendment is deemed an emergency and shall
remain in effect until revised by the Board of Forestry and Fire
Protection.
8. Amendment of section heading, repealer and new
section and amendment of NOTE refiled 8-1-2019 as an emergency, including
further amendments; operative 8-1-2019 (Register 2019, No. 31). Pursuant to
Statutes 2018, chapter 626, section 46 (SB 901), the amendment shall remain in
effect until revised by the Board of Forestry and Fire
Protection.
9. Amendment of Table 1 (within subsection (c)),
subsection (c)(1) and (c)(15)(B)3. filed 11-14-2019; operative 1-1-2020
pursuant to Public Resources Code section
4554.5(a)
(Register 2019, No. 46).
Note: Authority cited: Sections
4551,
4553
and
4584,
Public Resources Code. Reference: Sections
4527,
4527.5,
4584
and
4584.1,
Public Resources Code.
