Section 1090.14 - NTMP Deviations(a) "Minor Deviations" means any change, minor in scope, in a Plan which can reasonably be presumed not to make a significant change in the conduct of Timber Operations and which can reasonably be expected not to significantly adversely affect Nonindustrial Timberland productivity or values relating to soil, water quality, watershed, wildlife, fisheries, range and forage, recreation, and aesthetic enjoyment or to result in a violation of the applicable water quality control plan.(b) All other changes are presumed to be Substantial Deviations which means they could significantly affect the conduct in Timber Operations and potentially could have a significant adverse effect on timber productivity or values relating to soil, water quality, watershed, wildlife, fisheries, range and forage, recreation, and aesthetic enjoyment. Such actions include, but are not limited to:
(1) Change in location of Timber Operations or enlargement of the area or volume planned to be cut.(2) Change in the Silvicultural Method and Cutting Method on any portion of the Plan area.(3) Change in type or location of Yarding system or basic type of equipment.(4) Change in location, nature or increase in length of proposed Logging Roads incorporating one or more of the following criteria:(A) Any road in a Watercourse or Lake Protection Zone or where Sidecast will extend into the Watercourse or Lake Protection Zone.(B) Any road located in an extreme Erosion Hazard Rating area.(C) Any road where the average side slope exceeds 50%.(D) Any road where Unstable Areas, active soil movement, or Slide Areas must be traversed.(E) Any increase in gradient allowed by the District Rules as an exception and not provided for in the original Plan.(F) Any road extension of more than six-hundred (600) feet.(5) Any use of existing roads not shown in the original Plan when reconstruction work to allow for vehicle travel will be substantial. Substantial work on an existing road means more than minor repair and dressing of the travel surface and removal of vegetation to allow vehicle passage.(6) Use of any roads not shown in the Plan which would affect the key habitat of rare or endangered Species or other critical wildlife habitat.(7) Enlargement of Landings where such enlargement was not justified in the original Plan.(8) Any change of operation in, or designation of, the Watercourse or Lake Protection Zone.(9) Any downgrading of Watercourse classification.(10) A change to Winter Period operations where summer operations were previously specified.Cal. Code Regs. Tit. 14, § 1090.14
1. New section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
2. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).
3. Amendment of subsections (a), (b)(1)-(3), (b)(4)(B), (b)(4)(F), (b)(6) and (b)(10) filed 11-14-2019; operative 1-1-2020 pursuant to Public Resources Code section 4554.5 (Register 2019, No. 46). Note: Authority cited: Stats. 1989, Ch. 1290, Sec. 13; and Sections 4551 and 4593, Public Resources Code. Reference: Sections 4593, 4593.8 and 4593.9, Public Resources Code.
1. New section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
2. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).
3. Amendment of subsections (a), (b)(1)-(3), (b)(4)(B), (b)(4)(F), (b)(6) and (b)(10) filed 11-14-2019; operative 1/1/2020 pursuant to Public Resources Code section 4554.5 (Register 2019, No. 46).