California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 5 - Northern Forest District Rules › Article 6 - Watercourse and Lake Protection › Section 936 - Intent of Watercourse and Lake Protection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of this article is to ensure that Timber
						Operations do not potentially cause significant adverse site-specific and
						Cumulative Impacts to the Beneficial Uses of water, native aquatic and
						Riparian-Associated Species, and the Beneficial Functions of Riparian Zones; or
						result in an unauthorized take of listed aquatic Species; or threaten to cause
						violation of any applicable legal requirements. This article also provides
						protection measures for application in Watersheds with Listed Anadromous
						Salmonids and watersheds listed as water quality limited under §
											303(d) of the
						Federal Clean Water Act.
It is the intent of the Board to restore, enhance, and
						maintain the productivity of Timberlands while providing appropriate levels of
						consideration for the quality and Beneficial Uses of water relative to that
						productivity. Further, it is the intent of the Board to clarify and assign
						responsibility for recognition of potential and existing impacts of Timber
						Operations on Watercourses and Lakes, native aquatic and Riparian-Associated
						Species, and the Beneficial Functions of Riparian Zones and to ensure all
						Plans, exemptions and emergency notices employ Feasible measures to effectively
						achieve compliance with this article. Further, it is the intent of the Board
						that the evaluations that are made, and the measures that are taken or
						prescribed, be documented in a manner that clearly and accurately represents
						those existing conditions and those measures. "Evaluations made" pertain to the
						assessment of the conditions of the physical form, water quality, and
						biological characteristics of Watercourses and Lakes, including Cumulative
						Impacts affecting the bBeneficial uUses of water on both the area of planned
						logging operations and in the Watershed Assessment Area (WAA). "Measures taken"
						pertain to the procedures used or prescribed for the restoration, enhancement,
						and maintenance of the Beneficial Uses of water.
All provisions of this article shall be applied in a
						manner, which complies with the following:
(a) During and following Timber Operations,
					 the Beneficial Uses of water, native aquatic and Riparian-Associated Species,
					 and the Beneficial Functions of Riparian Zones shall be maintained where they
					 are in good condition, protected where they are threatened, and insofar as
					 Feasible, restored where they are impaired.
(b) Maintenance, protection, and contribution
					 towards restoration of the quality and Beneficial Uses of water during the
					 planning, review, and conduct of Timber Operations shall comply with all
					 applicable legal requirements including those set forth in any applicable water
					 quality control plan adopted or approved by the State Water Resources Control
					 Board. At a minimum, the LTO shall not remove water, trees or large Woody
					 debris from a Watercourse or Lake, the adjacent Riparian area, or the adjacent
					 Flood Prone Areas in quantities deleterious to fish, wildlife, Beneficial
					 Functions of Riparian Zones, or the quality and Beneficial Uses of
					 water.
(c) Protecting and restoring
					 native aquatic and Riparian-Associated Species, the Beneficial Functions of
					 Riparian Zones, and the quality and Beneficial Uses of water shall be given
					 equal consideration as a management objective within any prescribed WLPZ and
					 within any ELZ or EEZ designated for Watercourse or Lake protection and any
					 other location where Timber Operations may affect Riparian zones or the quality
					 and Beneficial Uses of water.
(d)
					 The measures set forth in this Section are meant to enforce the public's
					 historical and legal interest in protection for wildlife, fish, and water
					 quality and are to be used to guide timberland owners in meeting their legal
					 responsibilities to protect public trust resources.
1.
						Repealer and new section filed 5-31-83; designated effective 7-1-83 (Register
						83, No. 23).
2. Editorial correction of 5-31-83 order filed 6-16-83
						redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No.
						27).
3. Amendment filed 12-2-99; operative 1-1-2000 pursuant to
						Government Code section
						11343.4(a)
						and Public Resources Code section
						4554.5
						(Register 99, No. 49).
4. Amendment of section and NOTE filed
						5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
5. Amendment
						of subsection (e) filed 11-30-2000; operative 1-1-2001 pursuant to Public
						Resources Code section
						4554.5
						(Register 2000, No. 48).
6. Amendment of subsection (e) filed
						11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section
						4551.5
						(Register 2001, No. 47).
7. Amendment of last paragraph filed
						7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section
						4554.5
						(Register 2002, No. 28).
8. Amendment of subsection (e) filed
						12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section
						4551.5
						(Register 2003, No. 49).
9. Amendment of subsection (e) filed
						9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
10.
						Amendment of subsection (e) filed 10-24-2007; operative 1-1-2008 pursuant to
						Public Resources Code section
						4554.5
						(Register 2007, No. 43).
11. Amendment of subsection (e) filed
						11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section
						4554.5(a)
						(Register 2008, No. 45).
12. Amendment filed 12-1-2009; operative
						1-1-2010 (Register 2009, No. 49).
13. Change without regulatory
						effect amending section filed 12-20-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 51).
Note: Authority cited: Sections
						  4551,
						  4562.7
						  and
						  21000(g),
						  Public Resources Code. Reference: Sections
						  4512,
						  4513,
						  4551.5,
						  4552,
						  4562.5,
						  4562.7,
						  21001(b)(f),
						  21002
						  and
						  21002.1,
						  Public Resources Code; and Sections
						  100,
						  1243,
						  1243.5,
						  13001,
						  13050(f),
						  13146 and
						  13247, Water
						  Code.