California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 4 - Coast Forest District Rules › Article 6 - Watercourse and Lake Protection › Section 916.8 - Sensitive Watersheds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board, at a public hearing, shall determine whether
						nominated Planning Watersheds are "sensitive" to further Timber Operations.
						Classifications of a water shed as "sensitive" shall be supported by
						substantial evidence that a condition, or conditions, exist(s) where further
						Timber Operations within the Planning Watershed will create a reasonable
						potential to cause, or contribute to ongoing, significant adverse cumulative
						effect(s) on the resources identified in
						14 CCR
						§
												916.8(a)(3), and as
						set forth in Board Technical Rule Addendum No. 2 (14 CCR §
												912.9) and that mitigation of such
						significant cumulative Effects requires the application of protection measures
						not required by the Forest Practice Rules. For all Planning Watersheds
						classified as "sensitive", the Board shall identify the specific resources
						which are sensitive to further Timber Operations and specific mitigation
						measures that will provide the necessary protection of the sensitive
						resource(s). A Board finding that a Planning Watershed is no longer sensitive
						shall be supported by substantial evidence that such conditions no longer
						exist. Unless and until a Planning Watershed(s) is classified as sensitive and
						any necessary rulemaking completed, the existing Rules shall apply.
(a) Nomination process:
The Director, local, state, or federal agencies and the
						public may nominate Planning Watersheds to the Board and shall provide evidence
						supporting classification of the watershed as sensitive. The nominator shall
						discuss the Effects that further Timber Operations will have on the specific
						resources identified in
						14 CCR
						§
													916.8(a)(3) which are
						at risk within the nominated watershed and specify those Effects not
						sufficiently addressed under the forest practice Rules and discuss the
						significance of the Effects in light of the condition of the resources in areas
						adjacent to the Planning Watershed. Such nominations must be accompanied by the
						following information, descriptions, documents, or maps as appropriate:
1. Name, approximate size and location of the
					 watershed(s) identified by county, township and range, and name(s) of USGS
					 topographic map(s) on which the Planning Watershed is found.
2. The name of the higher-order Stream, if
					 any, to which the watershed is tributary.
3. Specific resources that are significantly
					 threatened by further Timber Operations on non-federal Timberlands in the
					 nominated watershed, including, as appropriate, but not limited to:
A. fish, aquatic organisms, aquatic habitat,
					 or Riparian habitat;
B. domestic
					 and other water supplies, water quality, other Beneficial Uses of water
					 existing at the time of nomination or factors related to the Stream system and
					 channel morphology.
C. downstream
					 reservoirs, navigable channels, water diversion and transport facilities,
					 estuaries, and harbors;
D. wildlife
					 Species, or the habitat of Species, listed under state or federal law as rare,
					 threatened or endangered, candidate, or sensitive, including discussion of the
					 habitat features threatened by Timber Operations;
E. wildlife Species with narrow geographic
					 range, low density, low reproductive rates, and highly dependent on localized
					 habitat features, including discussion of the habitat features threatened by
					 Timber Operations and a discussion of why protective measures are required to
					 prevent a loss of population viability.
4. Natural or management-induced conditions
					 present in the watershed which pose a significant threat to the resources
					 identified in
					 14 CCR
					 §§
													916.8(a)(3),
					 above, including, as appropriate, but not limited to:
A. steep slopes and easily destabilized
					 soils;
B. continuing landslide or
					 soil erosion problems related to past or ongoing land-use activities;
C. extensive ground disturbance, particularly
					 associated with roads, skid trails, Landings, and Watercourse
					 crossings;
D. accelerated
					 aggradation, streambank erosion, and channel scouring;
E. changes in the habitat or condition of
					 wildlife Species identified in
					 14 CCR
					 §§
														916.8(a)(3),
					 above.
F. accelerated rates of
					 proposed road construction or timber harvesting within a watershed or near
					 Streams or springs.
5.
					 Approved Habitat Conservation Plans or other documents approved or under review
					 by public agencies within the nominated watershed which provide for maintenance
					 or improvement over time of management induced conditions within or adjacent to
					 the Planning Watershed or forest District.
6. Suggested, Feasible mitigation measures
					 needed, in addition to current forest practice Rules, to provide adequate
					 protection for resources identified in
					 14 CCR
					 §§
													916.8(a)(3),
					 above, and to mitigate or avoid new or continuing significant cumulative
					 Effects related to Timber Operations, including, but not limited to,
					 restoration or rehabilitation of degraded resources within any portion of the
					 proposed sensitive watershed.
7.
					 Other information about the watershed that may assist the Board to evaluate the
					 nomination.
8. Literature
					 citations, expert written opinion, and other relevant sources of information
					 and, where possible, copies of information used to complete the
					 nomination.
9. A list of names and
					 mailing addresses of the following:
A.
					 landowners of 40 acres or more of lands zoned for timber production in the
					 Planning Watershed;
B. public water
					 purveyors and known private purveyors within the Planning Watershed;
C. commonly known watershed associations
					 within the Planning Watershed;
D.
					 commonly known neighborhood or community associations within the Planning
					 Watershed;
E. chairman, county
					 board of supervisors;
F. chairman,
					 county planning commission;
G.
					 local manager for any public agency having custodial responsibility for
					 Timberlands within the Planning Watershed; and
H. District or local representatives for
					 review team agencies.
10.
					 A draft notice for newspaper publication containing the information in
					 (a)(1)-(3), a statement that a public hearing will be scheduled before the
					 Board within 60 days of Board receipt of a nomination forwarded by the
					 committee, and a statement that further information can be obtained from the
					 local Department Unit Headquarters.