Section 936.4 - Watercourse and Lake Protection(a) The RPF or Supervised Designee shall conduct a field examination and map all Lakes and Class I, II, III, and IV Watercourses.(1) As part of this field examination, the RPF or Supervised Designee shall evaluate areas near, and areas with the potential to directly impact, 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, debris, jam potential, inadequate flow capacity, migrating channels, overflow channels, Flood Prone Areas, and Riparian zones wherein the values set forth in 14 CCR § 936.4, subsection (b) are impaired. The RPF shall consider these conditions, and those measures needed to maintain, and restore to the extent Feasible, the functions set forth in 14 CCR § 936.4(b) when proposing WLPZ widths and protection measures. The Plan shall identify such conditions, including where they may interact with proposed Timber Operations, that individually or cumulatively significantly and adversely affect the Beneficial Uses of water, and shall describe measures to protect and restore to the extent Feasible, the Beneficial Uses of water. In proposing, reviewing, and approving such measures, preference shall be given to measures that are on-site, or to offsite measures where sites are located to maximize the benefits to the impacted portion of a Watercourse or Lake.(2) As part of this field examination, the RPF or Supervised Designee shall map the location of spawning and rearing habitat for anadromous salmonids, and the condition of the habitat shall be evaluated using habitat typing that at a minimum identifies the pool, flatwater, and riffle percentages. The opportunity for habitat restoration shall be described within the Plan for each Class I Watercourse, and for each Class II Watercourse that can be feasibly restored to a Class I.(3) The mapping of conditions identified in subsection (a)(1) and (a)(2) above, and their protective measures, shall be sufficiently clear and detailed to permit the Director and the other review team representatives to evaluate the potential environmental impacts of Timber Operations, the proposed mitigation measures and the proposed restoration measures.(4) The mapping of conditions identified in subsection (a)(1) and (a)(2) above, and their protective measures, shall be sufficiently clear and detailed to provide direction and clear guidance to the Timber Operator.(5) The mapping of conditions identified in 14 CCR § 936.4 subsections (a)(1) and (a)(2), and their protective and restoration measures, should be done at a scale of 1:2,400. 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.(6) One set of photocopies of recent stereo aerial photographs of the Plan area may be required by the Director.(b) The standard width of the WLPZ and/or the associated basic protection measures shall be determined from Table I (14 CCR § 936.5), or § 956.4(c), and shall be stated in the Plan. A combination of the Rules, the Plan, and mitigation measures shall provide protection for the following: a. Water temperature control.b. Streambed and flow modification by large Woody debris.c. Filtration of organic and inorganic material.e. Bank and channel stabilization.f. Spawning and rearing habitat for salmonidsg. Vegetation Structure diversity for fish and Riparian wildlife habitat, possibly including but not limited to, 3. Nesting, roosting, and escape5. Microclimate modification7. Surface cover (1) Measures and the appropriate zone widths for the protection of the State's waters which have been taken from Table I (14 CCR § 936.5) or developed under § 936.4(c) shall be stated in the THP.(2) All Timber Operations shall conform to the Marking, flagging and other identification of protective measures specified in 14 CCR §§ 936.4 and 936.5 and the THP. Conformance shall be determined based on the evaluation of no less than a 200 foot lineal segment of each Watercourse or Lake.(3) The width of the WLPZ shall be measured along the surface of the ground from the Watercourse or Lake Transition Line or in the absence of Riparian vegetation from the top edge of the Watercourse Bank.(4) Slopes shall be measured in percent for the proposed WLPZ. If topography within the proposed WLPZ is variable, segments of the proposed WLPZ should be segregated by slope class as indicated in Table I, 14 CCR § 936.5.(5) If requested by either party, and after on-the-ground inspection, the RPF and the Director may increase or decrease the width of a proposed WLPZ. A decrease shall not exceed 25% of the width as determined by the procedure prescribed in 14 CCR §§ 936.4(c), and 936.5. Such changes in zone width shall be based on considerations of soil, slope, biologic, hydrologic, and geologic values listed in 14 CCR § 936.4(b), Silvicultural Methods, Yarding systems, road location, and Site Preparation activities. In no case shall the width be adjusted to less than 50 feet for Class I and II waters. Where soil surfaced roads exist within the standard WLPZ, no in-lieu reduction of WLPZ width shall be approved.(6) Within the WLPZ, at least 75% Surface Cover and undisturbed area shall be retained to act as a filter strip for raindrop energy dissipation, and for wildlife habitat. This percentage may be adjusted to meet site specific conditions when proposed by the RPF and approved by the Director or where Broadcast Burning is conducted under the terms of a Project type burning permit and in compliance with 14 CCR § 935.2(b).
(c) The protection and WLPZ widths for Class III and Class IV waters shall prevent the degradation of the downstream Beneficial Use of water and shall be determined on a site-specific basis. (1) Where operations occur adjacent to Class III Watercourses, the RPF shall designate in the THP an Equipment Limitation Zone (ELZ) of at least 25 feet where sideslope steepness is less than 30% and at least 50 feet where sideslope steepness is 30% or greater unless explained and justified otherwise in the THP and approved by the Director. Class III Watercourses within Logging Areas where the EHR is Low and the slopes are less than 30% shall not require an ELZ unless proposed by the RPF or required by the Director. The RPF shall describe the limitations on the use of heavy equipment in the THP. Where appropriate to protect the Beneficial Uses of water the RPF shall describe additional protection measures which may include Surface Cover retention, Vegetation Protection and Timber Falling Limitations. The location of the areas of heavy equipment use in any ELZ shall be clearly described in the Plan, or flagged or marked on the ground before the preharvest inspection. When necessary to protect the Beneficial Use of water, the RPF shall designate and the Director may require a WLPZ for Class III and Class IV waters or an ELZ for Class IV waters.(2) The width of the WLPZ for Class III and Class IV waters shall be determined from on-site inspection. Minimum protective measures required when Class III and Class IV protection zones are necessary are contained in Table I 14 CCR § 936.5.(3) Soil deposited during Timber Operations in a Class III Watercourse other than at a temporary crossing shall be removed and debris deposited during Timber Operations shall be removed or stabilized before the conclusion of Timber Operations, or before October 15. Temporary crossings shall be removed before the Winter Period, or as approved by the Director.(4) When approved by the Director on an individual Plan basis as provided in 14 CCR § 936.4(c)(1) Class IV waters shall be exempted from required protection when such protection is inconsistent with the management objectives of the owner of the Manmade Watercourse.(d) Heavy equipment shall not be used in timber falling, Yarding, or Site Preparation within the WLPZ unless such use is explained and justified in the THP, and approved by the Director.(e) Flagging for heavy equipment use within the WLPZ adjacent to Class I waters and for all Tractor Road Watercourse crossings of all Watercourses must be completed before the preharvest inspection, if one is conducted or start of operations, whichever comes first. Flagging for heavy equipment use within the WLPZ adjacent to Class II, III and IV waters may be done at the option of the RPF or as required by the Director on a site-specific basis.(f) Subsection (d) does not apply to (1)-(4) below. Subsection (e) does not apply to (2)-(4) below. (1) At prepared tractor road crossings as described in § 934.8(b).(2) Crossings of Class III Watercourses which are dry at the time of Timber Operations.(3) At existing road crossings.(4) At new tractor and road crossings approved as part of the Fish and Game Code process (F&GC §§ 1600 et. seq.)Cal. Code Regs. Tit. 14, § 936.4
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. 26).
3. Amendment of subsection (d) filed 12-4-89; operative 2-1-90 (Register 89, No. 50).
4. Amendment and new subsection (b)(6) filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
5. Amendment of subsections (d)-(d)(2) and new final subsections (1)-(4) filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
6. Repealer and new subsection (c)(1), amendment of subsection (d), redesignation and amendment of former sections (d)(1)-(d)(2) as new subsection (e), and new subsection (f) filed 11-19-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 47).
7. Amendment of subsection (a) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
8. Editorial correction of subsection (d) (Register 99, No. 26).
9. Redesignation and amendment of portion of subsection (a) as (a)(1), new subsections (a)(2)-(6), amendment of subsection (b), new subsection (b)f. and subsection relettering filed 12-1-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
10. Amendment of subsections (a) and (a)(1) filed 6-11-2014; operative 1-1-2015 pursuant to Public Resources Code section 4554.5 (Register 2014, No. 24).
11. Change without regulatory effect amending section filed 12-20-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 51). Note: Authority cited: Sections 4551, 4553, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4512, 4513, 4551.5 and 21001(f), Public Resources Code; Sections 1600 and 5650(c), Fish and Game Code; Sections 100, 13000 and 13050(f), Water 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. 26).
3. Amendment of subsection (d) filed 12-4-89; operative 2-1-90 (Register 89, No. 50).
4. Amendment and new subsection (b)(6) filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
5. Amendment of subsections (d)-(d)(2) and new final subsections (1)-(4) filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
6. Repealer and new subsection (c)(1), amendment of subsection (d), redesignation and amendment of former sections (d)(1)-(d)(2) as new subsection (e), and new subsection (f) filed 11-19-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 47).
7. Amendment of subsection (a) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
8. Editorial correction of subsection (d) (Register 99, No. 26).
9. Redesignation and amendment of portion of subsection (a) as (a)(1), new subsections (a)(2)-(6), amendment of subsection (b), new subsection (b)f. and subsection relettering filed 12-1-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
10. Amendment of subsections (a) and (a)(1) filed 6-11-2014; operative 1/1/2015 pursuant to Public Resources Code section 4554.5 (Register 2014, No. 24).
11. Change without regulatory effect amending section filed 12-20-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 51).