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 1051.4 - Modified THP for Fuel Hazard Reduction Conditions and Mitigations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Modified THP
					 for Fuel Hazard Reduction (hereafter also referred to as "MTHP-FHR") may be
					 filed by a Plan submitter for a Project area not to exceed 2,500 acres,
					 providing that the following conditions and mitigations are met:
(1) An average of at least 40% of the
					 existing Overstory tree Canopy shall be retained. The Canopy retained shall be
					 well distributed over the Harvest Area.
(2) Prescribed fuel hazard reduction to
					 promote Project area resiliency to wildfire is recognized as an Intermediate
					 Treatment rather than a Regeneration Method. Therefore, clearcutting as defined
					 in 14 CCR
					 §§
													913.1(b),
					 933.1(b), and
					 953.1(b) shall
					 not be used, except for legally permitted utility corridors or road
					 construction. Silvicultural methods that may be used are commercial thinning
					 pursuant to
					 14 CCR
					 §§
													913.3(a),
					 933.3(a), and
					 953.3(a),
					 rehabilitation as constrained by
					 14 CCR
					 §§
													1051.3-1051.7 and pursuant to
					 14 CCR
					 §§
													913.4(b),
					 933.4(b), and
					 953.4(b), and
					 Fuelbreak/defensible space pursuant to
					 14 CCR
					 §§
													913.4(c),
					 933.4(c), and
					 953.4(c).
(3) Stocking Standards, specific to the
					 silvicultural method selected, must be met immediately after harvesting
					 operations are completed, except as explained and justified for specific
					 instances where the rehabilitation method is proposed and will result in
					 post-harvest stands that cannot meet Stocking Standards.
(4) The rehabilitation method may be used
					 where understocked areas such as brushfields have been identified for treatment
					 in a federal, state, or local fire Plan document for the purpose of reducing
					 fire risk to a public asset including, but not limited to, transportation
					 corridors and utilities, or is adjacent to a community listed in the
					 "California Fire Alliance List of Communities at Risk" (available at
https://bof.fire.ca.gov/media/0x5eysuw/ada-communities-at-risk.pdf
).
					 Not more than 10% of the MTHP-FHR area, not to exceed 250 acres, may be
					 harvested under the rehabilitation method, when explained and justified by the
					 RPF and approved by the Director.
(5) No operations shall occur in areas having
					 Average Slopes greater than 50% based upon sample areas that are 20 acres in
					 size, and no Tractor Operations in areas with high or extreme Erosion Hazard
					 Ratings.
(6) No construction of new
					 skid trails shall occur on slopes over 40%.
(7) The following operations may occur in
					 Special Treatment Areas: log hauling on existing roads not requiring
					 reconstruction, and other operations as approved by the Director where such
					 operations are consistent with the intent and purpose of the Special Treatment
					 Area.
(8) No Timber Operations
					 shall occur on Slide Areas or Unstable Areas.
(9) Timber harvesting in a Class II WLPZ for
					 a Watercourse that is dry by July 15 of any year may be proposed by the RPF and
					 approved by the Director. When proposed, the RPF shall explain and justify the
					 treatment, and provide a written analysis of the potential for significant
					 adverse effects to the Class II WLPZ that could result from the proposed
					 operations. The focus of Class II WLPZ treatments shall be removal of surface
					 and Ladder Fuels, and no less than 70% of the existing Overstory Canopy layer
					 shall be retained. Unless explained and justified, retention of the Overstory
					 Canopy layer shall be accomplished by leaving the existing larger Dominant and
					 Codominant trees.
(A) No tractor operations
					 shall occur within a Class II WLPZ, or Wet Meadows and Other Wet Areas, except
					 where the Director determines that the threat of catastrophic wildfire is
					 sufficient to justify the necessity of operations, or for maintenance of
					 existing roads, drainage facilities or structures. Where the Director has made
					 such a determination, operations may only occur where the Erosion Hazard Rating
					 (EHR) pursuant to
					 14 CCR
					 §§
														912.5,
					 932.5, and
					 952.5 is Moderate or less and
					 slopes are no greater than 30%,
(B)
					 Tree removal by end-lining or other low-impact tree removal methods shall be
					 permitted in the standard width of a Class II WLPZ provided that the Plan
					 contains a description of specific mitigation measures designed to minimize
					 disruption of the soil surface, soil compaction, and damage to residual
					 vegetation. Low-impact tree removal techniques include, but are not limited to,
					 the use of low-ground pressure logging equipment.
(C) The use of existing roads within a Class
					 II WLPZ may be approved by the Director after compliance with the requirements
					 for examination, evaluation, and mitigation(s) per
					 14 CCR
					 §§
														916.4(a),
					 936.4(a), and
					 956.4(a).
(10) No Listed Species will be directly or
					 indirectly adversely impacted by proposed Timber Operations. Except as modified
					 herein, all other habitat protection and retention requirements identified in
					 Articles 6 and 9 of the Forest Practice Rules shall apply. Where the Director
					 has determined that Timber Operations as proposed are likely to adversely
					 affect a state Listed Species or its habitat, the consultation process with
					 CDFW pursuant to F&GC §
												2081 shall be completed before the
					 MTHP-FHR may be approved.
(11) As
					 part of the pre-harvest Project design, the RPF shall evaluate and incorporate
					 habitat requirements for fish, wildlife, and plant Species in accordance with
					 the "Joint Policy on Hardwoods" between the California State Board of Forestry
					 and Fire Protection and the California Fish and Game Commission" (rev. April
					 1999), herein incorporated by reference, and
					 14 CCR
					 §§
													916.9,
					 936.9, and
					 956.9 and §§
												919,
					 939, and
					 959. Such evaluations shall
					 include use of the California Natural Diversity Database maintained by CDFW
					 (available at
https://www.wildlife.ca.gov/Data/CNDDB
)
					 and local review agency knowledge of the Planning Watershed. Consultation with
					 CDFW personnel is recommended. In general, fuels management strategies should
					 recognize that habitat heterogeneity and fire resiliency are not mutually
					 exclusive. Habitats and habitat elements may include key winter range or
					 migration routes, late successional stands, hardwood or aspen groves, Riparian
					 or wetland areas, Snags, large down woody material, or den trees.
(A) Harvesting will not reduce the amount of
					 Timberland occupied by Late Succession Forest Stands.
(B) Where present prior to operations, the
					 following habitat elements shall be retained as an average across the Project
					 area:
1. A minimum of 2 large live cull
					 (green) conifer trees 24" dbh or larger per acre;
2. A minimum of two hardwood trees 24" dbh or
					 larger per acre;
3. A minimum of
					 two downed logs 20" Diameter outside bark as measured at the midpoint of the
					 total length of the log or larger per acre; and
4. 2% shall be left as untreated habitat
					 retention surrounding or in direct proximity to the habitat elements identified
					 in 1, 2, and 3 above.
(12) No heavy equipment operations shall
					 occur within potentially significant archaeological sites identified pursuant
					 to the criteria for a Significant Archaeological or Historical Site listed in
					 14 CCR
					 §
													895.1. Directional felling and tree
					 removal by end lining may be approved upon the Director's determination that
					 such operations will not adversely affect an identified archaeological
					 site.
(13) Winter Timber
					 Operations, except as conditioned by the Director to avoid potential
					 significant cumulative impacts, shall be in accordance with
					 14 CCR
					 §§
													914.7 (a) and
					 (b),
					 934.7 (a) and
					 (b), and
					 954.7(a) and
					 (b).