Cal. Code Regs. Tit. 14, § 936.3 - General Limitations near Watercourses, Lakes, Marshes, Wet Meadows and Other Wet Areas

The quality and Beneficial Uses of water shall not be unreasonably degraded by Timber Operations. During Timber Operations, the Timber Operator shall not place, discharge, or dispose of or deposit in such a manner as to permit to pass into the water of this state, any substances or materials, including, but not limited to, soil, silt, bark, Slash, sawdust, or petroleum, in quantities deleterious to fish, wildlife, or the quality and Beneficial Uses of water. All provisions of this article shall be applied in a manner which complies with this standard.

(a) When there is reasonable expectation that Slash, debris, soil, or other material resulting from Timber Operations, falling or associated activities, will be deposited in Class I and Class II waters below the Watercourse or Lake Transition Line or in Watercourses which contain or conduct Class IV water, those harvest activities shall be deferred until equipment is available for its removal, or another procedure and schedule for completion of corrective work is approved by the Director.

(b) Accidental depositions of soil or other debris in Lakes or below the Watercourse or Lake Transition Line in waters classed I, II, and IV shall be removed immediately after the deposition or as approved by the Director.

(c) The Timber Operator shall not construct or use Tractor Roads in Class I, II, III or IV Watercourses, in the WLPZ, marshes, Wet Meadows and Other Wet Areas unless explained and justified in the Plan by the RPF, and approved by the Director, except as follows:

(1) At prepared tractor road crossings as described in 14 CCR § 934.8(b).

(2) Crossings of Class III Watercourses that are dry at the time of use.

(3) At new and existing Tractor Road crossings approved as part of the Fish and Game Code process (F&GC § 1600 et seq.).

(d) Vegetation, other than Commercial Species, bordering and covering Meadows and Wet Areas shall be retained and protected during Timber Operations unless explained and justified in the THP and approved by the Director. Soil within the Meadows and Wet Areas shall be protected to the maximum extent possible.

(e) Trees cut within the WLPZ shall be felled away from the Watercourse by pulling or other mechanical methods if necessary, in order to protect the residual vegetation in the WLPZ. Exceptions may be proposed in the THP and used when approved by the Director.

(f) Where less than 50% Canopy exists in the WLPZs of Class I and II waters before Timber Operations, only sanitation salvage which protects the values described in 14 CCR § 936.4(b) shall be allowed.

(g) Recruitment of large Woody debris for instream habitat shall be provided by retaining at least two living conifers per acre at least 16 inches Diameter breast high and 50 feet tall within 50 feet of all Class I and II Watercourses.

Notes

Cal. Code Regs. Tit. 14, § 936.3

1. Repealer and new section filed 5-31-83; designated effective 7-1-83 (Register 83, No. 23).
2. Editorial correction of 5-31-83 order filed 6-16-83 redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No. 27).
3. Amendment of subsection (a) filed 12-4-89, operative 2-1-90 (Register 89, No. 50).
4. Repealer of subsection (g) filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
5. Amendment of first paragraph and subsection (a), repealer of subsection (c), new subsection (c), amendment of subsection (e), repealer of subsection (f), and new subsection (f) filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
6. Amendment of subsection (c) and new subsections (c)(1)-(4) filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
7. Amendment of subsections (c)-(c)(2), repealer of subsection (c)(3), subsection renumbering and amendment of newly designated subsection (c)(3) filed 6-11-2014; operative 1-1-2015 pursuant to Public Resources Code section 4554.5 (Register 2014, No. 24).
8. Change without regulatory effect amending section filed 12-20-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 51).
9. Amendment of section heading and subsection (c) filed 7-29-2022; operative 1-1-2023 pursuant to Public Resources Code section 4554.5(a) (Register 2022, No. 30).

Note: Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4512, 4513, 4551.5 and 21001(f), Public Resources Code; and 33 USC Section 1288(b)(2)(F).

1. Repealer and new section filed 5-31-83; designated effective 7-1-83 (Register 83, No. 23).
2. Editorial correction of 5-31-83 order filed 6-16-83 redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No. 27).
3. Amendment of subsection (a) filed 12-4-89, operative 2-1-90 (Register 89, No. 50).
4. Repealer of subsection (g) filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
5. Amendment of first paragraph and subsection (a), repealer of subsection (c), new subsection (c), amendment of subsection (e), repealer of subsection (f), and new subsection (f) filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
6. Amendment of subsection (c) and new subsections (c)(1)-(4) filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
7. Amendment of subsections (c)-(c)(2), repealer of subsection (c)(3), subsection renumbering and amendment of newly designated subsection (c)(3) filed 6-11-2014; operative 1/1/2015 pursuant to Public Resources Code section 4554.5 (Register 2014, No. 24).
8. Change without regulatory effect amending section filed 12-20-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 51).
9. Amendment of section heading and subsection (c) filed 7-29-2022; operative 1/1/2023 pursuant to Public Resources Code section 4554.5(a) (Register 2022, No. 30).