Header:
TITLE 14. NATURAL RESOURCES
DIVISION 1.5. DEPARTMENT OF FORESTRY AND FIRE PROTECTION
CHAPTER 4. FOREST PRACTICES
SUBCHAPTER 7. ADMINISTRATION
ARTICLE 2. TIMBER HARVESTING PLAN
Date:
11/26/2013
Document:
§ 1052. Emergency Notice
(a) Before cutting or removing timber on an emergency basis, an RPF on behalf of a timber owner or operator shall submit a Notice of Emergency Timber Operations to the Director on form RM-67 (1/1/10), form RM-65 (1052.4) (1/1/10) for a Fuel Hazard Reduction emergency, or form RM-66 (1052.5) (2/1/11) for a Sudden Oak Death emergen-cy, herein incorporated by reference, as prescribed by the Director. The notice shall include, but not be limited to, the following:
(1) Names and addresses of all timberland owner(s), timber owner(s), and timber operator(s) for the area on which timber will be cut or removed.
(2) A description of the specific conditions that constitute the emergency, its cause, extent and reason for imme-diate commencement of timber operations.
(3) Legal description of the area from which timber will be cut or removed.
(4) A titled USGS (if available) or equivalent topographic map(s) of scale not less than 2" to the mile, or larger scale, showing the area from which timber will be cut or removed, the legal description, roads and Class I, II, III and IV watercourses, and yarding systems if more than one will be used.
(5) Yarding system to be used.
(6) The expected dates of commencement and completion of timber operations.
(7) A declaration by the RPF, made under penalty of perjury, that a bona fide emergency exists which requires emergency timber operations.
(8) A declaration by the timber owner, made under penalty of perjury, that any applicable timber yield taxes will be paid pursuant to Section 38115 of the Revenue and Taxation Code.
(9) Name, address, license number, and signature of the RPF who prepares the notice and submits it to the Direc-tor on behalf of the timber owner or operator.
(10) For Emergency Notices covering three acres or more in size, the RPF shall include a Confidential Archaeologi-cal Letter with the Emergency Notice submitted to the Director. The Confidential Archaeological Letter shall include all information required by 14 CCR § 929.1 [949.1, 969.1](c)(2), (7), (8), (9), (10) and (11), including site records, if re-quired pursuant to 14 CCR § 929.1 [949.1, 969.1](g) and 929.5. The Director shall also submit a complete copy of the Confidential Archaeological Letter and two copies of any required archaeological or historical site records, to the ap-propriate Information Center of the California Historical Resource Information System within 30 days from the date of Emergency Notice submittal to the Director. Prior to submitting the emergency notice to the Director the RPF shall send a copy of the emergency notice to Native Americans as defined in 14 CCR § 895.1.
(A) For projects filing an emergency notice for fuel hazard reduction under 14 CCR § 1052.4, archaeology re-quirements shall be conducted by a person possessing current certification pursuant to 14 CCR § 929.4[949.4, 969.4].
(b) Timber operations pursuant to an emergency notice shall comply with the rules and regulations of the Board. A person conducting timber operations under an Emergency Notice shall comply with all operational provisions of the Forest Practice Act and District Forest Practice Rules applicable to "Timber Harvest Plan", "THP", and "plan".
(c) In-lieu practices for watercourse and lake protection zones as specified under Article 6 of the rules, exceptions to rules, and alternative practices are not allowed unless necessary to protect public health and safety.
(d) Timber operations pursuant to an Emergency Notice may not commence for five working days, 15 days for a fuel hazard emergency per 14 CCR §§ 1052.1(e) and 1052.4, from the date of the Director's receipt of the Emergency Notice unless such waiting period is waived by the Director. The Director shall determine whether the emergency no-tice is complete. If it is found to be complete the Director shall send a copy of a notice of acceptance to the timberland owner. If the Emergency Notice is not complete it shall be returned to the submitter. If the Director does not act within five working days, 15 days for a fuel hazard emergency per 14 CCR §§ 1052.1(e) and 1052.4, of receipt of the Emergency Notice, timber operations may commence.
(e) Timber operations shall not continue beyond 1 year from the date the Emergency Notice is accepted by the Director unless a plan is submitted to the Director and found to be in conformance with the rules and regulations of the Board, except for burning operations to treat fuels in accordance with § 1052.4(d)(6) which shall be completed by April 1 of the year following fuel creation.
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