California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 2 - Application of Forest Practice Rules › Article 2 - Preparation and Review of Timber Harvesting Plans › Section 898 - Feasibility Alternatives

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After considering the Rules of the Board and any
						mitigation measures proposed in the Plan, the RPF shall indicate whether the
						operation would have any Significant Adverse Impact on the Environment. On TPZ
						lands, the harvesting per se of trees shall not be presumed to have a
						Significant Adverse Impact on the Environment. If the RPF indicates that
						significant adverse impacts will occur, the RPF shall explain in the Plan why
						any alternatives or additional mitigation measures that would significantly
						reduce the impact are not Feasible.
Cumulative Impacts shall be assessed based upon the
						methodology described in Board Technical Rule Addendum Number 2, Forest
						Practice Cumulative Impacts Assessment Process and shall be guided by standards
						of practicality and reasonableness. The RPF's and Plan submitter's duties under
						this section shall be limited to closely related past, present and Reasonably
						Foreseeable Probable Future Projects within the same ownership and to matters
						of public record. The Director shall supplement the information provided by the
						RPF and the Plan submitter when necessary to ensure that all relevant
						information is considered.
When assessing Cumulative Impacts of a proposed project
						on any portion of a waterbody that is located within or downstream of the
						proposed Timber Operation and that is listed as water quality limited under
						§
											303(d) of the
						Federal Clean Water Act, the RPF shall assess the degree to which the proposed
						operations would result in impacts that may combine with existing listed
						stressors to impair a waterbody's Beneficial Uses, thereby causing a
						significant adverse effect on the environment. The Plan preparer shall provide
						Feasible mitigation measures to reduce any such impacts from the Plan to a
						level of insignificance, and may provide measures, insofar as Feasible, to help
						attain water quality standards in the listed portion of the waterbody.
The Director's evaluation of such impacts and mitigation
						measures will be done in consultation with the appropriate
						RWQCB.
1. New
						NOTE filed 5-19-8 as procedural and organizational; designated effective 7-6-78
						(Register 78, No. 20).
2. Amendment filed 2-21-79; effective
						thirtieth day thereafter (Register 79, No. 9).
3. Amendment of NOTE
						filed 2-21-79 as procedural and organizational; effective upon filing (Register
						79, No. 9).
4. Amendment filed 3-2-79 as an emergency; designated
						effective 3-23-79. Certificate of Compliance included, (Register 79, No.
						9).
5. Repealer and new section filed 7-3-86; effective thirtieth
						day (Register 86, No. 27).
6. Amendment filed 8-26-91; operative
						8-26-91 pursuant to Government Code section
						11346.2(d)
						(Register 92, No. 20).
7. Amendment of first paragraph filed
						11-26-97; operative 1-1-98 pursuant to Public Resources Code section
						4554.5
						(Register 97, No. 48).
8. Amendment adding last three paragraphs
						filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
9.
						Amendment of subsection (a) filed 11-30-2000; operative 1-1-2001 pursuant to
						Public Resources Code section
						4554.5
						(Register 2000, No. 48).
10. Amendment of subsection (a) filed
						11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section
						4551.5
						(Register 2001, No. 47).
11. Amendment of last paragraph filed
						7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section
						4554.5
						(Register 2002, No. 28).
12. Amendment of subsection (a) filed
						12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section
						4551.5
						(Register 2003, No. 49).
13. Amendment of subsection (a) filed
						9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
14.
						Amendment of subsection (a) filed 10-24-2007; operative 1-1-2008 pursuant to
						Public Resources Code section
						4554.5
						(Register 2007, No. 43).
15. Amendment of subsection (a) filed
						11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section
						4554.5(a)
						(Register 2008, No. 45).
16. Repealer of subsection (a) filed
						12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
17. Change
						without regulatory effect amending section filed 7-26-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 30).
Note: Authority cited: Sections
						  4551
						  and
						  4553,
						  Public Resources Code. Reference: Sections
						  4512,
						  4513,
						  4551.5
						  and
						  4582.75,
						  Public Resources Code; and Laupheimer v. State (1988) 200 Cal.App.3d 440; 246
						  Cal.Rptr. 82.