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§ 928.4. Performance Bonding.


Barclays Official California Code of Regulations Currentness
Title 14. Natural Resources
Division 1.5. Department of Forestry and Fire Protection
Chapter 4. Forest Practices
Subchapter 4. Coast Forest District Rules
Article 13. County Rules
14 CCR § 928.4
§ 928.4. Performance Bonding.
When hauling logs pursuant to a THP, the LTO shall provide for the repair of any damage to a county road that is willfully or negligently caused by the LTO's log hauling operations, and shall provide for the repair of any damage caused by the LTO's log hauling operations to appur - tenant structures including, but not limited to, guard rails, signs, traffic signals, culverts, curbs and similar facilities. If necessary to ensure compliance with this section, the county may request, and the Department, upon such request, may require the Timber Operator or responsible party to post adequate financial security to restore paved or unpaved county roads and appurtenant structures which are damaged by log hauling operations. The request for posting of financial security shall be made to the Department during the THP review procedure and no later than five days before the Director's decision date. The Timber Operator or responsible party shall post a certificate of deposit, certificate of insurance or performance bond, or other financial security in favor of the Department in a reasonable amount set by the Director, not to exceed $5,000 per mile of county road used or $50,000, whichever is less and subject to provisions of division 3, part I, chapter 1, article 8, §§ 11110 through 11113 of the Government Code. Such cash deposit or other acceptable financial security shall cover a period not to exceed the effective period of the Plan.
When a form of financial security is required, logging trucks shall not use the county roads until the required security is posted with the Department. The Director shall release the bond or equivalent to the principal of the security upon completion of log hauling operations and compliance with the requirements of this section. If and when repairs are necessary, the Director shall request the operator to provide for making the repairs. If the repairs are not made the Department may take corrective action and may order the bond, or equivalent, forfeited in an amount not to exceed actual damage. When a bond or equivalent has been posted, the Department shall provide the county with a copy of the Work Completion Report. The county shall advise the Department in writing within 30 days of its receipt of notification of completion of hauling operations or the Work Completion Report if damage has occurred repairs need to be made. If the county fails to notify the Director within 30 days, the bond or surety shall be released.
Note: Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4551 and 4553, Public Resources Code.
1. New section filed 1-30-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 5).
2. Repealer and new section filed 8-8-90; operative 9-7-90 (Register 90, No. 39).
3. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).
This database is current through 7/29/22 Register 2022, No. 30
14 CCR § 928.4, 14 CA ADC § 928.4
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