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 936.8 - 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)
						[936.8(a)(3), 956.8(a)(3)], and as set forth in Board Technical Rule Addendum
						No. 2 (14
						CCR §
												912.9, [932.9, 952.9]) 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)
						[936.8(a)(3), 956.8(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)
					 [936.8(a)(3) and 956.8(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)
					 [936.8(a)(3) and 956.8(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)
					 [936.8(a)(3) and 956.8(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.