Cal. Code Regs. tit. 14 § 1056

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 1056 - Head of Agency Appeals Procedure

The State Water Resources Control Board (SWRCB) or the Director of the CDFW pursuant to PRC § 4582.9 may appeal the Director's approval of a THP, or Substantial Deviation (14 CCR §§ 1036 and 1039) by doing the following:

(a) No later than ten days form the date of THP approval, the SWRCB or CDFW shall file with the Executive Officer of the State Board of Forestry and Fire Protection and mail to the Plan submitter and Director of CAL FIRE a statement containing:

(1) The name of the submitter of the THP;

(2) The number of the THP assigned by CAL FIRE;

(3) The location of the proposed Timber Operations as described in the Notice of Intent;

(4) A concise summary of all facts upon which the appeal is based;

(5) A copy of or reference to all documents within the official THP record which support the appellant's position;

(6) The name and phone number of the SWRCB designee or CDFW staff member who will be the primary contact for purposes of the appeal;

(7) A copy of the authorization by the SWRCB or CDFW or its authorized designee for the appeal and containing the specific finding that the environment or the public health, safety, or general welfare is threatened by the approval of the THP or Substantial Deviation and what form that threat takes;

(8) Certification that the SWRCB or RWCQB or CDFW participated in a multidisciplinary review of the Plan including an on site inspection prior to Plan approval.

(9) A statement that the Timber Operations are not to proceed until the appeal has been acted on by the Board as stated in PRC § 4582.9.

(10) A copy of regulations pertaining to head-of-agency appeals.

(11) A statement to contact the Board for other information about the hearing process.

(b) The SWRCB or CDFW shall promptly telephone the Director and Plan submitter to inform them of the filing of the appeal.

(c) If Timber Operations have commenced, the Department will notify the Timber Operator to stop all operations.

Cal. Code Regs. Tit. 14, § 1056

1. Renumbering of former section 1056 to section 1054.4 and new section 1056 filed 9-27-90; operative 10-27-90 (Register 90, No. 45). For prior history, see Register 90, No. 10.
2. Change without regulatory effect amending first paragraph and subsections (a), (a)(6)-(9) and (b) filed 2-17-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 7).
3. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).

Note: Authority cited: Section 4582.9, Public Resources Code. Reference: Section 4582.9, Public Resources Code.