Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The Designated Agent may submit a
proposed deviation, as prepared by the RPF, to the approved Plan. No action
shall occur that substantially deviates, as defined by the Board, from the
approved Plan until the substantial deviation has been approved by the
Director. The Director shall determine, after completion of the interagency
review and public comment period, either of the following:
(1) The substantial deviation is in
compliance with the current Board Rules and provisions in the FPA.
(2) The substantial deviation is in
compliance with the Board Rules and provisions in the FPA that were in effect
at the time the WFMP was approved. The Director may only make this
determination if a RPF explains, justifies, and certifies both of the
following:
(A) The adherence to new or
modified Board Rules would cause unreasonable additional expense, pursuant to
PRC §
4583,
to the Working Forest Landowner(s).
(B) Compliance with the Board Rules and
provisions in the FPA that were in effect at the time the WFMP was approved
will not result in any significant degradation to the beneficial uses of water,
soil stability, forest productivity, or wildlife.
(b) Review timelines for substantial
deviations of WFMPs shall conform to the direction provided in PRC §
4582.7,
except for substantial deviations that add acreage covered by the original WFMP
that exceeds ten (10) percent or five hundred (500) acres, whichever is
greater. Substantial deviations that add acreage in excess of ten (10) percent
or five hundred (500) acres shall be reviewed pursuant to the procedures
specified in PRC §
4597.6.
(c) Changes are presumed to be substantial
deviations if they could have a significant effect on the conduct of timber
operations and potentially could have a significant adverse effect on timber
productivity or values relating to soil, water quality, watershed, wildlife,
fisheries, range and forage, recreation, and aesthetic enjoyment. Such actions
may include, but are not limited to:
(1)
Change in location of timber harvesting operations within the WFMP
area.
(2) Enlargement of the WFMP
area.
(3) An increase in volume to
be harvested exceeding ten (10) percent as projected by the LTSY.
(4) Change in the silvicultural method and
cutting system on any portion of the Plan area.
(5) Change in type or location of logging
(yarding) system or basic type of equipment.
(6) Change in location, nature or increase in
length of proposed logging roads incorporating one or more of the following
criteria:
(A) Any logging road in a
Watercourse or Lake Protection Zone or where sidecast will extend into the
Watercourse or Lake Protection Zone.
(B) Any logging road located in an extreme
Erosion Hazard Rating area.
(C) Any
logging road where the average side slope exceeds fifty (50)%.
(D) Any logging road where unstable areas,
active soil movement, or slide areas must be traversed.
(E) Any increase in gradient allowed by the
District Rules as an exception and not provided for in the original
Plan.
(7) Any road
extension of more than six hundred (600) ft. (182.9m).
(8) Any use of existing roads not shown in
the original Plan when reconstruction work to allow for vehicle travel will be
substantial. Substantial work on an existing road means more than minor repair
and dressing of the travel surface and removal of vegetation to allow for
vehicle passage.
(9) Use of any
logging roads not shown in the Plan which would affect the key habitat, not
previously discussed in the Plan, of: state or federally listed threatened,
candidate, and endangered species; rare plants; Sensitive Species pursuant to
14 CCR
§
895.1; and species that meet the
criteria under
14 CCR
§
15380(d).
(10) Enlargement of landings where such
enlargement was not justified in the Plan.
(11) Any change of operation within, or
designation of, Watercourse or Lake Protection Zones.
(12) Any downgrading of watercourse
classification.
(13) A change to
winter operations where summer operations were previously
specified.
1. New
section filed 6-2-2017; operative 1-1-2018 pursuant to Public Resources Code
section
4554.5(a)
(Register 2017, No. 22).
2. Repealer of subsection (c)(14) filed
2-15-2019 as an emergency; operative 2-15-2019 (Register 2019, No. 7). 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.
Note: Authority cited: Sections
4551,
4551.5,
4552
and
4553,
Public Resources Code. Reference: Sections
4582.7,
4597.6,
4597.7
and
4597.8,
Public Resources Code.
