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 13 - County Rules › Section 928.4 - Performance Bonding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When hauling logs pursuant to a THP, the LTO shall
						provide for the repair of any damage to a county road that is willfully or
						negligently caused by the LTO's log hauling operations, and shall provide for
						the repair of any damage caused by the LTO's log hauling operations to
						appurtenant structures including, but not limited to, guard rails, signs,
						traffic signals, culverts, curbs and similar facilities. If necessary to ensure
						compliance with this section, the county may request, and the Department, upon
						such request, may require the Timber Operator or responsible party to post
						adequate financial security to restore paved or unpaved county roads and
						appurtenant structures which are damaged by log hauling operations. The request
						for posting of financial security shall be made to the Department during the
						THP review procedure and no later than five days before the Director's decision
						date. The Timber Operator or responsible party shall post a certificate of
						deposit, certificate of insurance or performance bond, or other financial
						security in favor of the Department in a reasonable amount set by the Director,
						not to exceed $5,000 per mile of county road used or $50,000, whichever is less
						and subject to provisions of division 3, part I, chapter 1, article 8,
						§§
											11110
						through
						11113 of
						the Government Code. Such cash deposit or other acceptable financial security
						shall cover a period not to exceed the effective period of the Plan.
When a form of financial security is required, logging
						trucks shall not use the county roads until the required security is posted
						with the Department. The Director shall release the bond or equivalent to the
						principal of the security upon completion of log hauling operations and
						compliance with the requirements of this section. If and when repairs are
						necessary, the Director shall request the operator to provide for making the
						repairs. If the repairs are not made the Department may take corrective action
						and may order the bond, or equivalent, forfeited in an amount not to exceed
						actual damage. When a bond or equivalent has been posted, the Department shall
						provide the county with a copy of the Work Completion Report. The county shall
						advise the Department in writing within 30 days of its receipt of notification
						of completion of hauling operations or the Work Completion Report if damage has
						occurred repairs need to be made. If the county fails to notify the Director
						within 30 days, the bond or surety shall be released.
1. New
						section filed 1-30-84; effective upon filing pursuant to Government Code
						Section
						11346.2(d)
						(Register 84, No. 5).
2. Repealer and new section filed 8-8-90;
						operative 9-7-90 (Register 90, No. 39).
3. Change without regulatory
						effect amending section filed 10-31-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 44).
Note: Authority cited: Sections
						  4551
						  and
						  4553,
						  Public Resources Code. Reference: Sections
						  4551
						  and
						  4553,
						  Public Resources Code.