California Code of Regulations
Title 14 - Natural Resources
Division 1 - Fish and Game Commission-Department of Fish and Game
Subdivision 3 - General Regulations
Chapter 6 - Regulations for Implementation of the California Endangered Species Act and Native Plant Protection Act
Article 3 - Incidental Take Permit Guidelines for Timber Operations
Section 787.8 - Security for Performance for Incidental Take Permits

Universal Citation: 14 CA Code of Regs 787.8

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

(a) As required by Fish and Game Code section 2081(b)(4) and CESA implementing regulations, California Code of Regulations, title 14, section 783.4(a)(4), the permit applicant must assure adequate funding to implement the required measures and for monitoring compliance with, and effectiveness of, those measures. Acceptable instruments of financial security include a pledged savings or trust account, certificate of deposit, or irrevocable letter of credit, the terms of which must be approved by the Department. Other instruments and their terms must be approved by the Department. Security must be provided to the appropriate Department Regional Manager by certified mail together with the Certification of Compliance.

(b) Where incidental take is authorized through section 787.5(c), no additional security for performance is required.

(c) Where incidental take is authorized through section 787.4(a)(2), (3) or (4), security for performance is required and shall be determined on a project specific basis.

(d) Where incidental take is authorized through section 787.4(a)(1), security shall be provided in accordance with the following and shall include a Road Component and an Area Component.

(1) Road Component
(A) The security for performance for the Road Component shall be calculated according to the following schedule for all roads appurtenant to the proposed THP or Notice of Timber Operations, which lie within a watershed with coho salmon.
(i) $5,000/mile for all road segments within Class I watercourse and lake protection zones

(ii) $2500/mile for all road segments within Class II watercourse and lake protection zones

(iii) $1000/mile for all road segments within Equipment Exclusion Zones and Equipment Limitation Zones which are established for Class III Watercourses, inner gorges and connected headwall swales.

(iv) For each new, reconstructed or temporary Class I watercourse crossings additional security in the amount of $2000/crossing shall be required. Where an existing Class I watercourse crossing will be used without modification, additional security in the amount of $500/crossing shall be required.

(v) For each new, reconstructed or temporary Class II watercourse crossing, additional security in the amount of $1000/crossing shall be required. Where an existing Class II watercourse crossing will be used without modification, additional security in the amount of $500/crossing shall be required.

(vi) For each new, reconstructed or temporary Class III watercourse crossings additional security in the amount of $500/crossing shall be required. Where an existing Class III watercourse crossing will be used but not reconstructed, additional security in the amount of $250/crossing shall be required.

(B) The security for performance for the Road Component will be returned following a written request by the permittee to the Department upon completion of the Prescribed Maintenance Period provided that each requirement of Forest Practice Rules, California Code of Regulations, title 14, sections 923.9.1 (943.9.1), and 923.9.2 (943.9.2) has been properly implemented. The Department shall make its best effort to return the security within 45 days of receipt of said request.

(C) The security for performance for the Road Component will be forfeited by the permittee if each requirement of Forest Practice Rules, California Code of Regulations, title 14, sections 923.9.1 (943.9.1), and 923.9.2 (943.9.2) has not been properly implemented, except that the Department may, at its discretion, return all or part of the security for performance of an applicable component if in the Department's judgment the Permittee has completely remedied its failure to properly implement a required measure or measures.

(2) Area Component
(A) The security for performance for the Area Component shall be calculated at the rate of $500/acre for all proposed Watercourse and Lake Protection Zones and those Equipment Exclusion Zones and Equipment Limitation Zones which are established for Class III Watercourses, inner gorges and connected headwall swales.

(B) The security for performance for the Area Component will be returned to the permittee upon filing of the Notice of Completion, and after receipt of a written request from the permittee to the Department, provided that all requirements of Forest Practice Rules, California Code of Regulations, title 14, sections 916.9.1 (936.9.1) and 916.9.2, (936.9.2) have been properly implemented. The Department shall make its best effort to return the security within 45 days of receipt of said request.

(C) The security for performance for the Area Component Security will be forfeited by the permittee if any requirement of Forest Practice Rules, California Code of Regulations, title 14, sections 916.9.1 (936.9.1) and 916.9.2, (936.9.2) has not been properly implemented, except that the Department may, at its discretion, return all or part of the security for performance of an applicable component if in the Department's judgment the Permittee has completely remedied its failure to properly implement a required measure or measures.

(e) The full amount of the required security for performance must remain in place for the life of the permit. In the event that the Department accesses all or part of the security for performance, within 30 days thereof the permittee will be required to replenish the amount of security to the full amount required by the Department.

(f) Notwithstanding, Section 787.7(a) the Department may, at its discretion, refuse to permit incidental take of coho salmon from timber operations by certification of compliance under this article if the applicant previously obtained an incidental take permit by certification of compliance under this article and the security for performance for that permit was forfeited in whole or part for a failure to properly implement a required measure or measures.

1. New section filed 2-11-2008; operative 2-11-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 7).

Note: Authority cited: Sections 702, 2081(d) and 2112, Fish and Game Code. Reference: Sections 702, 2081(b), 2081(c) and 2112, Fish and Game Code.

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