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 1037.5 - Review Teams to be Established

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Interdisciplinary review teams shall be established by
						the Director to review Plans and assist the Director in the evaluation of
						proposed Timber Operations and their impacts on the environment.
(a) Review Team Composition. Each review
					 team, when possible, shall consist of a representative from each of the
					 following agencies: the appropriate RWQCB, CDFW, CGS, a representative of
					 county government when the county government so requests, California Coastal
					 Commission (for Plans in the coastal zone), California Tahoe Regional Planning
					 Agency (for Plans in the Tahoe Basin) and CAL FIRE. The Director shall request
					 a representative from the Department of Parks and Recreation in the case of
					 Plans that may affect values in publicly owned parks. The Director may request
					 other federal, state, or county agencies, or Native Americans as defined in
					 14 CCR
					 §
												895.1, when appropriate, to assist as
					 advisors in the review process. The CAL FIRE's representative shall be the
					 review team chairperson and shall be an RPF.
(b) Review Team Function. The function of the
					 review team shall be to assist the Director in determining if Plans are in
					 conformance with Board Rules and to evaluate the potential environmental
					 impacts of Timber Operations. Review criteria employed by a team shall be
					 consistent with this function. The Board's regulations provide direction for
					 those situations noted during the review which are not addressed by specific
					 Rules (See
					 14 CCR
					 §§
												898.1(f),
					 901-903.2, 1655 & PRC §
											4555).
					 In evaluating a Plan, the review team shall review any discussion of Feasible
					 alternatives or additional mitigation to the proposed Timber Operation as
					 prescribed in
					 14 CCR
					 §
												898. Plan reviewers must consider the
					 economic as well as the environmental benefits of Feasible alternatives. The
					 review team shall serve in an advisory capacity to the Director in making
					 recommendations on Plans.
In the event that any member of the review team concludes
						that the Plan as filed would have a significant adverse effect on the
						environment, that member shall explain and justify this conclusion in writing
						as specifically as possible. The member shall provide in writing suggested
						site-specific mitigation measures, if any, that will substantially lessen these
						impacts.
(c) Chairperson
					 Tasks. The Department is the lead agency in the review of Plans. The review
					 team chairperson shall direct the review team meetings, coordinate the
					 interdisciplinary review of Plans and develop recommendations on Plans for the
					 Director's consideration.
(d)
					 Review Team Meetings. The Director or his designee is responsible for
					 establishing and scheduling the meeting of a review team to perform the
					 necessary review of Plans for the Department.
Review team meetings shall be open to the RPF, Supervised
						Designee, the landowner, and the Timber Owner and, insofar as possible without
						disrupting the work of the team, to the public. The chairperson may impose
						limitations on the scope of any public participation at the meetings. All
						interested Persons will normally be allowed to attend team meetings. On
						occasions when space or other considerations will require some limitation on
						attendance the review team chairperson shall endeavor to allow for attendance
						of at least one representative for each of the various agencies, organizations
						or special interest groups.
(e) Non-Concurrence. If a member of the
					 review team does not concur with the chairperson's recommendation to the
					 Director, the member shall submit in writing, within 5 days of the review team
					 meeting and before the action required by
					 14 CCR
					 §
												1037.4, the specific reasons why the
					 recommendation does not provide adequate protection of the resources for which
					 his or her agency has responsibility. The submission to the Director shall also
					 include recommendations on measures or actions the Director should take to
					 address the asserted deficiency, as provided by the Rules of the Board. A
					 non-concurring member's comments shall be considered based on the comments'
					 specificity and relation to the member agency's area(s) of expertise and
					 statutory mandate, as well as the level of documentation, explanation or other
					 support provided with the comments. If a non-concurrence is filed on a Plan,
					 the review team chairperson shall prepare a written report explaining how the
					 concerns cited in the non-concurrence have been addressed in the Plan and how
					 the natural resources of concern will be protected during Timber
					 Operations.
(f) Mitigation.
					 Mitigation and protective measures developed by members of the review team
					 shall be consistent with
					 14 CCR
					 §§
												1037.3,
					 1037.5(b),
					 1037.5(h), and
					 PRC §
											4582.6(b).
					 Unless the RPF and review team member agree to mitigation measure(s), such
					 mitigation and protective measures shall be explained and justified in writing
					 and be based upon the evaluation of site-specific conditions at the appropriate
					 scale.
(1) During the review of a Plan,
					 including the preharvest inspection, members of the review team may recommend
					 incorporation of mitigating measures into the Plan which are consistent with
					 the forest practice Rules and which would improve the Plan or assist in
					 significantly lessening adverse impacts of the operation on any Timberland
					 resources. The submitter may or may not agree with concerns expressed by the
					 suggestions or may offer alternatives. If the submitter, after consultation
					 with the RPF who prepared the Plan, agrees with the suggested mitigation
					 measures or changes, they are to be incorporated in the Plan. The Director may
					 only require incorporation into the Plan of mitigation measures that are based
					 on Rules of the Board.
(2) Members
					 of the review team may suggest protective measures for incorporation into the
					 Plan when express authority for such measures is not contained in the Rules and
					 regulations of the Board. If the RPF rejects incorporation of such measures
					 into the Plan, the Director shall determine if approval of the Plan without the
					 suggested measures could result in immediate significant, and long-term Harm to
					 the natural resources of the state. If the Director finds that the state's
					 resources are so endangered, the provisions of PRC §
												4555
					 shall be followed.