California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 2 - Timber Harvesting Plan › Section 1050 - Erosion Control Maintenance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Where necessary to minimize soil erosion or slope instability or to prevent
					 degradation of the quality and Beneficial Uses of water, the department may
					 require that Erosion Controls be maintained prior to the beginning of a Winter
					 Period and prior to filing of a work completion report.
(b) The Director may deem completion report
					 as described in PRC §
											4585
					 to have been filed upon the date of receipt if the Department finds that all
					 Erosion Controls have been constructed and maintained in compliance with the
					 Forest Practice Rules upon the first inspection after receipt of the completion
					 report. Otherwise, the Director shall accept a work completion report for
					 filing only after the Department finds that all Erosion Controls have been
					 constructed in compliance with the Forest Practice Rules.
(c) The LTO is responsible for proper
					 construction, inspection and maintenance of Erosion Control during the
					 Prescribed Maintenance Period until the work completion report as described in
					 PRC §
											4585
					 is approved by the Director. The landowner is responsible for inspection and
					 any needed repair and maintenance of Erosion Controls during the remainder of
					 the Prescribed Maintenance Period. Responsibility for Erosion Control
					 maintenance may be assumed at an earlier date by the landowner or can be
					 delegated to a third party, provided that the assuming party acknowledges such
					 responsibility in writing to the Director.
(d) Upon approving a work completion report,
					 the Director may prescribe a maintenance period which extends for as much as
					 three years after filing the work completion report based on physical evidence
					 (such as location of Erosion Controls in disturbed areas with high or extreme
					 erosion hazard, on steep or unstable slopes, or within or adjacent to the
					 standard width of a water course or lake protection zone) that Erosion Controls
					 need to be maintained for the extended maintenance period in order to minimize
					 soil erosion or slope instability or to prevent degradation of the quality and
					 Beneficial Uses of water.
(e) After
					 approving the work completion report, the Director may extend the Prescribed
					 Maintenance Period for as much as three years after filing of the work
					 completion report if subsequent inspections by the Department during the
					 Prescribed Maintenance Period show that Erosion Controls have failed or are
					 likely to fail to minimize soil erosion or slope instability or to prevent
					 degradation of the quality and Beneficial Uses of water.
1. New
						section filed 12-20-89; operative 2-1-90 (Register 90, No. 3). For prior
						history, see Registers 89, No. 19 and 81, No. 1.
2. Change without
						regulatory effect amending section filed 10-31-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 44).
Note: Authority cited: Sections
						  4551,
						  4551.5,
						  4562.9,
						  4584
						  and
						  4585,
						  Public Resources Code. Reference: Sections
						  4512,
						  4513,
						  4551.5,
						  4562.7,
						  4562.9,
						  4584
						  and
						  4585,
						  Public Resources Code.