Section 1051 - Modified Timber Harvest Plan(a) On an ownership of 160 acres, or a quarter ( 1/4) section or less of Timberland, a modified timber harvest Plan may be filed by a Plan submitter, providing that the following conditions and mitigations are met: (1) No more than 70% of any existing tree Canopy layer is to be harvested on parcels 40 acres or less, and not more than 50% on parcels 41-160 acres or a quarter ( 1/4) section. The Canopy retained shall be well distributed over the Harvest Area. Not more than 10% of the THP area shall be harvested under the rehabilitation method. A sample area must be marked before submission of the THP. The sample area shall include at least 10% of the area which is representative of the range of conditions present in the area.(2) Clearcutting and shelterwood removal, as defined in 14 CCR §§ 913.1(b) and (d) [933.1(b) and (d), and 953.1(b) and (d)] shall not be used, except for legally deeded right-of-ways or easements for utility purposes which are documented in the Plan by the RPF by reference to specific deeds or surveys.(3) Stocking Standards, specific to the silvicultural method selected must be met immediately after harvesting operations are completed.(4) No heavy equipment operations on slopes greater than 50%, or on areas with high or extreme Erosion Hazard Ratings, except where explained and justified how the protection provided by the proposed practice complies with 14 CCR § 914 [934, 954].(5) No construction of new skid trails on slopes over 50%. Construction of new skid trails on slopes greater than 40% and less than 50% shall not exceed 100 feet. The proposed location of such skid trails shall be clearly depicted on the THP map and flagged or otherwise identified on the ground by the RPF or Supervised Designee prior to the start of operations.(6) Timber Operations within Special Treatment Areas shall be limited to log hauling on existing Logging Roads and/or other operations consistent with the intent and purpose of the Special Treatment Area as approved by the Director.(7) No Timber Operations shall occur on Slide Areas or Unstable Areas except for use and maintenance of existing Logging Roads and Landings that do not require reconstruction.(8) Where the THP area is 100 acres or less, new Logging Road construction shall not exceed a total of 600 feet and Logging Road construction and reconstruction combined shall not exceed a total of 1,000 feet. Where a THP area is greater than 100 acres, new Logging Road construction shall not exceed a total of 960 feet, and Logging Road construction and reconstruction combined shall not exceed a total of 1,600 feet.(9) No heavy equipment operations shall occur within a Watercourse or lake protection zone or Wet Meadows and Other Wet Areas, except as follows:(A) For maintenance of existing Logging Roads, Drainage Facilities or structures, or(B) For logging and tractor road Watercourse crossing construction or reconstruction approved by the California Department of Fish and Wildlife (CDFW) through notification required pursuant to F&GC § 1602.(10) No Listed Species will be directly or indirectly adversely impacted by proposed Timber Operations. For Timber Operations which potentially could adversely affect a State-Listed Species or the habitat of the Species, the consultation process with CDFW pursuant to F&GC shall be completed prior to Plan approval.(11) Timber harvesting is only allowed in the WLPZ if: 1) sanitation-salvage harvesting is the only Silvicultural System to be used in the WLPZ and it must be in compliance with 14 CCR § 916.4 [936.4, 956.4] (b); or2) if harvesting removes no more than 30% of any existing Canopy layer. Harvesting under 2) above shall not occur again in the WLPZ for a 10-year period following completion of the THP.(12) No heavy equipment operations shall occur within potentially significant archaeological sites identified pursuant to the criteria for a Significant Archaeological or Historical Site listed in 14 CCR § 895.1. Directional felling and tree removal by end-lining and Cable Yarding may be approved upon the Director's determination that such operations will not adversely affect an identified archaeological site.(13) No alternatives, exceptions, or in-lieu practices allowed for Watercourse or Lake protection measures, standard Logging Road and Landing widths, or Erosion Control measures, except for use of existing Logging Roads within WLPZ after compliance with examination, evaluation, and mitigation(s) per 14 CCR § 916.4(a) [936.4(a), 956.4(a)].(14) Winter Period Timber Operations except as conditioned by the Director to avoid potential significant Cumulative Impacts shall be in accordance with 14 CCR §§ 914.7 (a) and (b) [934.7(a) and (b), 954.7(a) and (b)].(15) Harvesting will not reduce the amount of the Timberland occupied by Late Succession Forest Stands currently greater than or equal to 5 acres in size.(16) In addition to (1) - (15) all other Rules of the Board shall apply to operations specified in this section.Cal. Code Regs. Tit. 14, § 1051
1. New section filed 7-6-93; operative 7-6-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 28). For prior history, see Register 81, No. 1.
2. Expired by its own terms on 7-6-94 (Register 95, No. 17).
3. New section filed 4-28-95; operative 4-28-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 17).
4. Amendment of subsections (a)(12)-(13) and amendment of NOTE filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
5. Amendment of subsections (a)-(a)(1), (a)(4)-(a)(10) and (a)(12)-(a)(14) filed 11-17-2014; operative 1-1-2015 pursuant to Public Resources Code section 4554.5 (Register 2014, No. 47).
6. Change without regulatory effect amending subsection (a)(10) and NOTE filed 2-17-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 7).
7. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).
8. Amendment of subsection (a)(9) 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, 4551.5, 4593, 21082 and 21086, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4552, 4593, 21082, 21084 and 21086, Public Resources Code.
1. New section filed 7-6-93; operative 7-6-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 28). For prior history, see Register 81, No. 1.
2. Expired by its own terms on 7-6-94 (Register 95, No. 17).
3. New section filed 4-28-95; operative 4-28-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 17).
4. Amendment of subsections (a)(12)-(13) and amendment of Note filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
5. Amendment of subsections (a)-(a)(1), (a)(4)-(a)(10) and (a)(12)-(a)(14) filed 11-17-2014; operative 1/1/2015 pursuant to Public Resources Code section 4554.5 (Register 2014, No. 47).
6. Change without regulatory effect amending subsection (a)(10) and Note filed 2-17-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 7).
7. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).
8. Amendment of subsection (a)(9) filed 7-29-2022; operative 1/1/2023 pursuant to Public Resources Code section 4554.5(a) (Register 2022, No. 30).