Cal. Code Regs. Tit. 14, § 1038.1 - Additional Exceptions or Requirements

Preparation or submittal of a notice of exemption described in 14 CCR § 1038, or Timber Operation thereunder, shall comply with the additional exceptions or requirements as described.

(a) A notice of exemption, pursuant to 14 CCR § 1038, shall be submitted to the Director, on a form provided by the Department, prior to the commencement of Timber Operations. The form shall contain the following information:

(1) The type of exemption.

(2) Name(s), address, and telephone number(s) of the Timber Owner(s), timberland owner(s), and Timber Operator.

(3) Name, address, and telephone number and license number of the RPF, if applicable.

(4) Legal description of the location of the Timber Operation.

(5) The tentative date of commencement of Timber Operations.

(6) A signature of the landowner certifying that they are the landowner and have read and understand the information contained within the notice of exemption.

(b) For notices of exemption pursuant to 14 CCR § 1038, the additional requirements apply:

(1) All Timber Operations conducted in the Lake Tahoe Region must have a valid Tahoe Basin Tree Removal Permit, as defined by TRPA, or shall be conducted under a valid TRPA Memorandum of Understanding, when such a permit is required by TRPA.

(2) The Department shall provide the appropriate RWQCB, CDFW, and CGS with copies of the submitted notice of exemption prior to the tentative date of commencement of Timber Operations.

(3) No helicopter Yarding shall be allowed.

(c) The following additional exceptions or requirements apply to exemptions pursuant to 14 CCR § 1038 as provided in Table 1 below:

Table 1: Additional Exceptions or Requirements

Applicable Exceptions or Requirements	Notice of Exemption Type(s)
14 CCR § 1038.1(c)(1)	14 CCR § 1038(c)(6), (d), (e), and (f)
14 CCR § 1038.1(c)(2)	14 CCR § 1038(e) and (f)
14 CCR § 1038.1(c)(3)	Applies to all notices of exemption pursuant to 14 CCR § 1038
14 CCR § 1038.1(c)(4)(A)	14 CCR § 1038(d)
14 CCR § 1038.1(c)(4)(B)	14 CCR § 1038(e) and (f)
14 CCR § 1038.1(c)(5) through (14)	14 CCR § 1038(b), (c), (d), (e), (f), and (g)
14 CCR § 1038.1(c)(15)	14 CCR § 1038(a), (b), (c), (d), (e), and (g)

(1) The notice of exemption shall be prepared, signed, and submitted to the Department by an RPF.

(2) Upon submission of the notice of exemption, a Confidential Archaeological Letter pursuant to 14 CCR § 929.1 [949.1; 969.1] must be provided to the Director and the RPF shall send a copy of the notice of exemption to Native Americans as defined in 14 CCR § 895.1.

(3) No Timber Operations on any site that satisfies the criteria listed in 14 CCR § 895.1 for a Significant Archaeological or Historical Site, except under the following conditions:

(A) If a Significant Archaeological or Historical Site is identified by the RPF preparing the notice of exemption within the project boundary, the site may be preserved in place by capping or covering with a layer of soil prior to submission.

(B) If a site has been preserved in place, the RPF preparing the notice of exemption shall obtain written concurrence from a Department archeologist prior to submission indicating operations will not cause damage to a Significant Archaeological or Historical Site.

(C) The written concurrence from a Department archeologist shall be submitted with the notice of exemption.

(4) Fuel treatments as follows:

(A) Slash within the Harvest Area shall be treated to achieve a maximum post-harvest depth of thirty (30) inches above the ground. All Slash shall be lopped, removed, chipped, piled for burning, or otherwise treated, within one (1) year from the date of the Director receiving the notice except for burning. Burning shall be completed within two (2) years from the date of the Director receiving the notice.

(B) Slash shall be treated to achieve a maximum post-harvest depth of eighteen (18) inches above the ground on at least eighty (80) percent of the Harvest Area. All Slash shall be lopped, removed, chipped, piled for burning, or otherwise treated, within one (1) year from the date of the Director receiving the notice except for burning. Burning shall be completed within two (2) years from the date of the Director receiving the notice.

(5) No tractor or heavy equipment operations on slopes greater than fifty (50) percent. No construction of new tractor roads on slopes greater than forty (40) percent.

(6) Timber Operations within any Special Treatment Area shall comply with the rules associated with that Special Treatment Area.

(7) No tractor or heavy equipment operations on known Unstable Areas.

(8) No new road construction or reconstruction, as defined in 14 CCR § 895.1.

(9) No heavy equipment operations within the standard width of a WLPZ, as determined pursuant to 14 CCR § 916.4 [936.4, 956.4] (b), except for maintenance of roads and Drainage Facilities or structures.

(10) No known sites of rare, threatened or endangered plants or animals will be disturbed, threatened or damaged.

(11) No Timber Operations within the Buffer Zone of a Sensitive Species.

(12) No timber harvesting within the standard width of a WLPZ, as determined pursuant to 14 CCR § 916.4 [936.4, 956.4] (b), except sanitation-salvage harvesting, as identified within 14 CCR § 913.3 [933.3, 953.3], where immediately after completion of operations, the area shall meet the Stocking Standards of 14 CCR § 912.7 [932.7, 952.7] (b)(2), or, except the removal of dead or Dying trees where consistent with 14 CCR § 916.4 [936.4, 956.4] (b). Trees to be harvested shall be marked by, or under the supervision of, an RPF prior to Timber Operations.

(13) The Director shall notify the submitter of the date of the Director's receipt of the notice of exemption. Timber Operations pursuant to the notice of exemption may not commence for five (5) working days from the date of the Director's receipt of the notice of exemption unless this delay is waived by the Director. If the notice of exemption is not complete and accurate, the Director shall notify the submitter within five (5) working days from the date of the Director's receipt, and the Timber Operations may not commence. The Director shall determine whether the notice of exemption is complete and accurate, and if so, shall send a copy of a notice of acceptance to the submitter; provided, however, if the Director does not act within five (5) working days of receipt of the notice of exemption, Timber Operations may commence.

(A) Timber Operations may not be conducted without a copy of the Director's notice of acceptance of the notice of exemption at the operating site, except where the Director has failed to act within the five (5) working-day review period.

(14) Before beginning Timber Operations, the LTO, RPF, or person responsible for submittal of the notice of exemption shall notify CAL FIRE of the actual commencement date of operations. The notification, by telephone, mail, or email, shall be directed to the appropriate CAL FIRE Unit Headquarters, Forest Practice Inspector or other designated personnel. If the notification is provided by mail, Timber Operations may not commence until three (3) days after the postmark date of notification. The provisions of this paragraph do not supersede the requirements of paragraph (13) above.

(15) No large old trees, defined as a tree that existed before 1800 AD and is greater than sixty (60) inches in diameter at stump height for Sierra or Coast Redwoods, and forty-eight (48) inches in diameter at stump height for all other tree species, or Decadent and Deformed Trees with Value to Wildlife shall be harvested unless the following apply:

(A) The tree is not critical for the maintenance of a Late Successional Stand.

(B) A RPF attached to the submitted notice of exemption a written explanation and justification for the harvest of the tree based on the RPF's finding of any of the following:

1. The tree is a hazard to safety or property.

2. The removal of the tree is necessary for the construction of a building as approved by the appropriate local jurisdiction and shown on the county or city approved site plan, which shall be attached to the submitted notice of exemption.

3. The tree is dead or likely to die within one (1) year of the date of the proposed removal, as determined by an RPF.

(C) An RPF's written explanation or justification need not be attached to the submitted notice of exemption if an approved Habitat Conservation Plan, Sustained Yield Plan, or Plan addresses large old tree retention for the area in which the large old tree is proposed for removal and the removal is in compliance with the retention standards of that document.

Notes

Cal. Code Regs. Tit. 14, § 1038.1

1. New section filed 10-21-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 43).
2. Amendment filed 7-31-95; operative 7-31-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 31).
3. Amendment of second paragraph filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
4. Amendment filed 2-17-2000; operative 7-1-2000 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 7).
5. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).
6. Amendment filed 11-13-2018; operative 1-1-2019 pursuant to Public Resources Code section 4554.5 (Register 2018, No. 46).
7. Amendment of section heading, repealer and new section and amendment of NOTE filed 2-19-2019 as an emergency; operative 2-19-2019 (Register 2019, No. 8). Pursuant to Statutes 2018, chapter 626, section 46 (SB 901), this amendment is deemed an emergency and shall remain in effect until revised by the Board of Forestry and Fire Protection.
8. Amendment of section heading, repealer and new section and amendment of NOTE refiled 8-1-2019 as an emergency, including further amendments; operative 8-1-2019 (Register 2019, No. 31). Pursuant to Statutes 2018, chapter 626, section 46 (SB 901), the amendment shall remain in effect until revised by the Board of Forestry and Fire Protection.
9. Amendment of Table 1 (within subsection (c)), subsection (c)(1) and (c)(15)(B)3. filed 11-14-2019; operative 1-1-2020 pursuant to Public Resources Code section 4554.5(a) (Register 2019, No. 46).

Note: Authority cited: Sections 4551, 4553 and 4584, Public Resources Code. Reference: Sections 4527, 4527.5, 4584 and 4584.1, Public Resources Code.

1. New section filed 10-21-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 43).
2. Amendment filed 7-31-95; operative 7-31-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 31).
3. Amendment of second paragraph filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
4. Amendment filed 2-17-2000; operative 7-1-2000 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 7).
5. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).
6. Amendment filed 11-13-2018; operative 1/1/2019 pursuant to Public Resources Code section 4554.5 (Register 2018, No. 46).
7. Amendment of section heading, repealer and new section and amendment of Note filed 2-19-2019 as an emergency; operative 2/19/2019 (Register 2019, No. 8). Pursuant to Statutes 2018, chapter 626, section 46 (SB 901), this amendment is deemed an emergency and shall remain in effect until revised by the Board of Forestry and Fire Protection.
8. Amendment of section heading, repealer and new section and amendment of Note refiled 8-1-2019 as an emergency, including further amendments; operative 8-1-2019 (Register 2019, No. 31). Pursuant to Statutes 2018, chapter 626, section 46 (SB 901), the amendment shall remain in effect until revised by the Board of Forestry and Fire Protection.
9. Amendment of Table 1 (within subsection (c)), subsection (c)(1) and (c)(15)(B)3. filed 11-14-2019; operative 1/1/2020 pursuant to Public Resources Code section 4554.5(a) (Register 2019, No. 46).