Draft of 10/20/99 -- Modification of 45-Day Noticed (August 20, 1999) "Coho Considerations 1999" rules change package. This draft was prepared by CDF's Jerry Ahlstrom, DFandG's Marty Berbach, and SWB's Galen Lee. It is for changes to two rules sections which were not passed by the Board of Forestry at its October 1999 meeting. Changes to four rules sections (including the Technical Rule Addendum No. 2 and its Appendix regarding cumulative impacts) were passed by the Board in October and went into effect on 1 January 2000. The following draft (with slight amending) for important changes to two Forest Practice Rules sections must be passed by the Board during March 2000 in order for the changes to go into effect on 1 July 2000.
Alternative Language for Amending of 14 CCR 916.2 (936.2, 956.2) protection of the Beneficial Uses of Water and 14 CCR 916.4 (936.4, 956.4) Watercourse and lake Protection
[The following draft is a "clean" draft: language from the original Forest Practice Rules or the Noticed Coho Considerations which were struck from these sections by this draft are excluded. New language is CAPITALIZED with exceptions like CCR (California Code of Regulations) and RPF (Registered Professional Forester). -- Further suggested amendments for the February Interim Committee and Board of Forestry meeting are capitalized and enclosed by [*square brackets with asterisks*]. -- rg]
1. Amend 14 CCR 916.2 (936.2, 956.2) Protection of the Beneficial Uses of Water (replace the noticed language number 5 with the following: )
(5). THE HABITAT FOR LISTED SPECIES.
2. Amend 14 CCR 916.4 (936.4, 956.4) Watercourse and Lake Protection
(a) The RPF or supervised designee shall conduct a field examination of all lakes and watercourses and shall map all lakes and watercourses which contain or conduct Class I, II, III or IV waters. As part of this field examination, the RPF or supervised designee shall evaluate areas near, AND AREAS WITH POTENTIAL DIRECT IMPACT TO, watercourses and lakes for sensitive conditions including, but not limited to existing AND PROPOSED roads/SKIDTRAILS AND LANDINGS, unstable and erodible watercourse banks, UNSTABLE UPSLOPE AREAS, *RIPARIAN FOREST, RIPARIAN ZONES WHEREIN THE VALUES SET FORTH IN 14 CCR 916.4(B) {936.4(B), 956.4(B)} ARE IMPAIRED*, debris jam potential,
*[* Recommend moving above phrases between asterisks to the end of the sentence after "flood prone areas*" with the "and" placed before "RIPARIAN ZONES WHEREIN . . ."*] -- rg
INADEQUATE flow capacity, changeable channels, overflow channels, and flood prone areas*. The RPF shall consider these conditions, AND THOSE MEASURES
*[* Recommend replacing RETAIN with MAINTAIN *] -- rg
NEEDED TO *RETAIN, AND RESTORE TO THE EXTENT FEASIBLE, THE FUNCTIONS SET FORTH IN 14 CCR 916.4(B) {936.4(B), 956.4(B)}, when proposing WLPZ widths and protection measures. The PLAN shall identify such conditions, INCLUDING where they may interact with proposed timber operations TO INDIVIDUALLY OR CUMULATIVELY significantly and adversely affect the beneficial uses of water, and shall describe AND LOCATE measures to protect, AND RESTORE TO THE EXTENT FEASIBLE, the beneficial uses of water. THE LOCATION OF SPAWNING AND REARING HABITAT FOR ANADROMOUS SALMONIDS SHALL BE MAPPED AND THE CONDITION OF THE HABITAT SHALL BE EVALUATED USING DEPARTMENT OF FISH AND GAME PUBLICATION "CALIFORNIA SALMONID STREAM HABITAT RESTORATION MANUAL", FLOSI, ET AL., 1999. *THE OPPORTUNITY FOR HABITAT
*[* Change this sentence to read: THE OPPORTUNITY FOR HABITAT RESTORATION AND/OR WATER-COURSE, RIPARIAN, AND UPSLOPE STABILIZATION SHALL BE DESCRIBED FOR EACH WATER- COURSE WITHIN THE PLAN. *] -- rg
RESTORATION SHALL BE DESCRIBED FOR EACH CLASS I WATERCOURSE, OR CLASS II WATERCOURSE WHICH CAN BE RESTORED TO CLASS I, WITHIN THE PLAN. THE MAPPING* OF THESE IDENTIFIED CONDITIONS AND ANY
*[* At the above asterisk add: AND DOCUMENTATION *] -- rg
PROPOSED PROTECTION AND RESTORATION MEASURES SHALL BE SUFFICIENTLY CLEAR AND DETAILED TO PERMIT THE DIRECTOR AND THE OTHER REVIEW TEAM REPRESENTATIVES TO EVALUATE THE POTENTIAL IMPACTS OF TIMBER OPERATIONS, PROPOSED MITIGATION AND RESTORATION *MEASURES, AND PROVIDE DIRECTION AND CLEAR
*[* Change the end of this sentence to read: . . . MEASURES,
PROVIDE DIRECTION AND CLEAR GUIDANCE TO THE TIMBER OPERATOR, AND ENABLE EFFECTIVE MONITORING OF CONDITIONS AND MEASURES. *] -- rg
GUIDANCE TO THE TIMBER OPERATOR. TYPICALLY, THE MAPPING OF THESE IDENTIFIED CONDITIONS AND THEIR PROTECTION AND RESTORATION MEASURES SHALL BE DONE AT A SCALE OF 1:2400. IN SITE-SPECIFIC CASES, THE MAPPING OF CRITICAL LOCATIONS OF CORRECTIVE WORK AND LOGGING OPERATION IMPACTS SHALL BE DONE AT A SCALE OF AT LEAST 1:240 WHEN THE DIRECTOR DETERMINES IT IS NECESSARY TO EVALUATE THE PLAN. THE RPF(S) AND SUPERVISED DESIGNEE(S) THAT PERFORM THE DESCRIBED TASKS SHALL BE ADEQUATELY TRAINED IN THE REQUIRED IDENTIFICATION, EVALUATION, MITIGATION, RES-TORATION, AND MAPPING SKILLS.
____________ (end of 10/20/99 Draft with 2/6/00 recommendations by rg)
The "values" and "functions set forth in 14 CCR 916.4(b) {936.4(b), 956.4(b)" include: Water temperature, Streambed and flow modifications by large woody debris, Filtration of organic and inorganic material, Upslope stability, and Bank and channel stabilization -- and: Vegetation structure diversity for fish and wildlife habitat, possibly including but not limited to: Vertical diversity, Migration corridor, Nesting, roosting, and escape, Food abundance, Microclimate modification, Snags, and Surface cover. The 45-Day Noticed "Coho '99" package includes: SPAWNING AND REARING HABITAT FOR SALMONIDS.
The specific requirements for documentation and mapping of conditions and measures described in the new section 916.4 need to be listed under 14 CCR 1034.
respectfully submitted,
Richard Gienger
(6 February 2000)
Copyright Mendocino Environmental Center 2000
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