§ 1094.8. Working Forest Harvest Notice Content.
14 CA ADC § 1094.8Barclays Official California Code of RegulationsEffective: January 1, 2023
Effective: January 1, 2023
14 CCR § 1094.8
§ 1094.8. Working Forest Harvest Notice Content.
The Working Forest Harvest Notice shall be a public record. The Department shall post the Working Forest Harvest Notice on the Department's Internet Website. All necessary deviations shall be approved by the Director, pursuant to 14 CCR §§ 1094.23 and 1094.24, prior to submission of a Working Forest Harvest Notice. The Working Forest Harvest Notice shall include all of the following information:
(h) A statement that 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), have not been discovered, or are not publicly disclosed in writing, within or adjacent to the logging area, since the approval of the WFMP, unless the approved WFMP is amended pursuant to either 14 CCR § 1094.23 or 14 CCR § 1094.24, consistent with 14 CCR § 1094.8(h)(2). After the initial year the Plan is approved, prior to submitting the Working Forest Harvest Notice, a review shall be conducted of the California Natural Diversity Database or another public database approved by the Director after consultation with the Department of Fish and Wildlife for any species listed as 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). When a Working Forest Harvest Notice is filed after the initial year the Plan is approved, it shall comply with the following:
(1) Documented occurrences obtained from a review of public and readily available sources of species that are 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) within the biological assessment area, and outside the area of timber operations, identified in the Working Forest Harvest Notice, and not addressed in the approved Plan shall be submitted to the Director as a minor deviation concurrently with the filing of a Working Forest Harvest Notice.
(2) Documented occurrences of species that are 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) and discovered within the area of timber operations, identified in the Working Forest Harvest Notice, and not addressed in the approved Plan shall be submitted to the Director as a deviation to the WFMP, prior to filing a Working Forest Harvest Notice. The deviation shall contain take avoidance and other mitigation measures developed in consultation with the Department and the appropriate listing agency(s), if no such information is currently contained within the approved Plan or incidental take authorization is provided by the appropriate listing agency(s).
(2) Compliance with the Board Rules and the provisions of 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, including domestic water supplies, soil stability, forest productivity, or wildlife and shall protect all listed species. This paragraph shall only apply if the RPF certifies that adherence to the current or modified Board Rules would cause unreasonable additional expense, pursuant to PRC § 4583, to the Working Forest Landowner(s).
(n) An update on erosion control mitigation measures for the Harvest Area and any Appurtenant Roads if conditions have changed since the Working Forest Management Plan was approved. The updated erosion control mitigation measures shall comply with Article 12 (commencing with Section 923) of Subchapter 4 of, Article 11 (commencing with Section 943) of Subchapter 5 of, and Article 12 (commencing with Section 963) of Subchapter 6 of, Division 1.5 of Title 14 of the California Code of Regulations. Additionally, the updated information within the Working Forest Harvest Notice shall include disclosure of erosion sites from skid trails, skid trail crossings, or any other structures or sites that have the potential to discharge sediment attributable to timber operations into waters of the state resulting in significant sediment discharge and violation of water quality requirements.
(u) On a USGS quadrangle or equivalent map, of a scale not less than 2″ to the mile, the following information pertinent to the Working Forest Harvest Notice shall be clearly provided. Additional maps may be required to show specific details, and may be planimetric. Color coding on maps may be used if they are able to be reproduced in black and white maps and clearly show all details. A legend shall be included indicating the meaning of the symbols used. See the District Rules for the appropriate minimum mapping acreages. Maps shall be updated to reflect current field conditions.
Credits
Note: Authority cited: Sections 4551, 4551.5, 4552 and 4553, Public Resources Code. Reference: Section 4597.11, Public Resources Code.
History
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. Amendment of subsection (n) and new subsection (x) 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.
3. New subsection (u)(17) filed 11-10-2020; operative 1-1-2021 pursuant to Public Resources Code section 4554.5(a) (Register 2020, No. 46).
4. Amendment of subsection (u)(4)(B) filed 7-29-2022; operative 1-1-2023 pursuant to Public Resources Code section 4554.5(a) (Register 2022, No. 30).
This database is current through 6/7/24 Register 2024, No. 23.
Cal. Admin. Code tit. 14, § 1094.8, 14 CA ADC § 1094.8
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