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 926.13 - 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, or to a private road
						that is 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, owner(s)/easement holder(s) of private road or
						private road association 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 or private 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 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 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 and 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 3-7-84; effective upon filing pursuant to Government Code Section
						11346.2(d)
						(Register 84, No. 13).
2. Repealer and new section filed 8-8-90;
						operative 9-7-90 (Register 90, No. 39).
3. Amendment of section and
						NOTE filed 7-1-99; operative 1-1-2000 (Register 99, No. 27).
4.
						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: Section
						  4516.5,
						  Public Resources Code. Reference: Section
						  4516.5,
						  Public Resources Code.