California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 6 - Regulations for Implementation of the California Endangered Species Act and Native Plant Protection Act › Article 3 - Incidental Take Permit Guidelines for Timber Operations › Section 787.8 - Security for Performance for Incidental Take Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As required by Fish and Game Code section
					 2081(b)(4)
					 and CESA implementing regulations, California Code of Regulations, title 14,
					 section 783.4(a)(4), the
					 permit applicant must assure adequate funding to implement the required
					 measures and for monitoring compliance with, and effectiveness of, those
					 measures. Acceptable instruments of financial security include a pledged
					 savings or trust account, certificate of deposit, or irrevocable letter of
					 credit, the terms of which must be approved by the Department. Other
					 instruments and their terms must be approved by the Department. Security must
					 be provided to the appropriate Department Regional Manager by certified mail
					 together with the Certification of Compliance.
(b) Where incidental take is authorized
					 through section
					 787.5(c), no
					 additional security for performance is required.
(c) Where incidental take is authorized
					 through section
					 787.4(a)(2), (3) or
					 (4), security for performance is required and
					 shall be determined on a project specific basis.
(d) Where incidental take is authorized
					 through section
					 787.4(a)(1),
					 security shall be provided in accordance with the following and shall include a
					 Road Component and an Area Component.
(1) Road
					 Component
(A) The security for performance
					 for the Road Component shall be calculated according to the following schedule
					 for all roads appurtenant to the proposed THP or Notice of Timber Operations,
					 which lie within a watershed with coho salmon.
(i) $5,000/mile for all road segments within
					 Class I watercourse and lake protection zones
(ii) $2500/mile for all road segments within
					 Class II watercourse and lake protection zones
(iii) $1000/mile for all road segments within
					 Equipment Exclusion Zones and Equipment Limitation Zones which are established
					 for Class III Watercourses, inner gorges and connected headwall
					 swales.
(iv) For each new,
					 reconstructed or temporary Class I watercourse crossings additional security in
					 the amount of $2000/crossing shall be required. Where an existing Class I
					 watercourse crossing will be used without modification, additional security in
					 the amount of $500/crossing shall be required.
(v) For each new, reconstructed or temporary
					 Class II watercourse crossing, additional security in the amount of
					 $1000/crossing shall be required. Where an existing Class II watercourse
					 crossing will be used without modification, additional security in the amount
					 of $500/crossing shall be required.
(vi) For each new, reconstructed or temporary
					 Class III watercourse crossings additional security in the amount of
					 $500/crossing shall be required. Where an existing Class III watercourse
					 crossing will be used but not reconstructed, additional security in the amount
					 of $250/crossing shall be required.