HomeMy WebLinkAboutTCE19-0005 Approved6. COUNTY BOARD OF SUPERVISORS DECLARATION:
I, Tristan Weems, Associate Planner, declare as the authorized designee of Butte County that this conversion exemption is in
conformance with all county regulatory requirements, including public notice. (If the county has authorized a designee this item
MUST be completed. If it has not, see Item 1.)
SIGNATURE Date
TIMBER TAX NOTICE: The TIMBER OWNER is responsible for payment of a yield tax.
For timber yield tax information or for assistance with these questions call 1-800-400-7115, or write: Timber Tax Section, MIC:
60, California Department of Tax and Fee Administration, P.O. Box 942879, Sacramento, CA 94279-0060; or see the CDTFA Web
Page on the Internet http://www.cdtfa.ca.gov.
TIMBER TAX INFORMATION: Some small or low value harvests may be exempt from the timber yield tax (Revenue and Taxation
Code sec. 38116)
Timber Owners may be considered exempt if the value of the harvesting operations does not exceed $3,000 dollars within a
quarter, according to CDTFA Harvest Value Schedules, Rule 1024.
IF THE TIMBER OWNER BELIEVES HARVESTING MAY BE EXEMPT (see timber tax exemption language above for low value
harvests) PLEASE CHECK BELOW:
FINAL DETERMINATION of tax exempt status will be made by the Timber Tax Section of the California Department of Tax and
Fees Administration. If you think you are exempt based on the directions above please complete the below information so the
Timber Tax Section can make the final determination.
IF YOU WOULD LIKE CDTFA TIMBER TAX SECTION TO CONSIDER A TAX EXEMPTION BASED ON PROJECTED HARVEST PLEASE
COMPLETE THE INFORMATION BELOW.
A. Bold or circle the option that most closely estimates the total volume for this harvest, in thousands of board feet (mbf
- Net Scribner short log):
Under 8 mbf 8-15 mbf 16-25 mbf Over 25 mbf
B. Estimate what percentage of timber to be removed during this harvest will be:
Redwood %;
Ponderosa
pine/Sugar %; Douglas-fir %;Fir %;
Port-Orford
Cedar %; Cedar (IC, WRC) %;
Other,
conifer %;
Other,
hardwood %.
C. Fuelwood over 150 cords? [ ] YES [] NO . D. Christmas trees over 3,000 lineal feet? [ ] YES [] NO
7.14 CCR § 1038 (i) - Is it anticipated that a tree existing before 1800 A.D. greater than 60 inches’ diameter at stump height for
Sierra or Coastal Redwoods or 48 inches in diameter at stump height for all other tree species will be harvested? [ ] YES [] NO
NOTE: If yes please refer to 14 CCR § 1038(h) and have an RPF prepare an explanation and justification described in 14 CCR §
1104.1(i) to be included at Submission
8.Has the Timberland Owner, whether acting as an individual, partnership or as an employee of a corporation or other legal entity
obtained a conversion on a contiguous land ownership within the last 5 years? [ ] YES [] NO
(NOTE: If YES then the landowner may not apply for the conversion. The Timberland Owner may request a waiver of the five-
year limitation with the Department per 14 CCR § 1104.1(a)(9)(A)(1-3)(B-D) )
9. Has all or a portion of the contiguous land ownership been subject to a PRIOR, unpermitted timberland conversion?
[ ] YES [] NO
If YES please provide a description or information to assist the Director in determining that this conversion would be consistent
with the purpose of the Act.
October 16, 2019
NOTE: Per 14 CCR § 1104.1(a) This conversion exemption is applicable to a conversion of Timberland to a non-timber use only, of
less than three acres in one contiguous ownership, whether or not it is a portion of a larger land parcel and shall not be part of a
THP. This conversion exemption may only be used once per contiguous land ownership. If all or a portion of the contiguous land
ownership has been subject to prior, unpermitted Timberland conversion, a conversion exemption hereunder shall not be
accepted unless the Director determines that it would be consistent with the purposes of the Act
10. Will Timber operations occur within the winter period?[ ] YES [] NO
(NOTE: If YES refer to 14 CCR § 1104.1(a)(2)(E)(1-3) for specific requirements)
11. Has the County / City approved by, local permit, operations within a WLPZ? [ ] YES [] NO
(NOTE: timber operations are NOT allowed within a WLPZ without approval by county or city approval).
12. Have significant archaeological sites been identified within the project area? [ ] YES [] NO
- If yes will the site be preserved in place?[ ] YES [ ] NO
- If yes please provide written concurrence from the Departments Archaeologist at the time of submission.
13.Designate the legal land description of the location of timberland conversion. Attach a USGS 7.5' Quadrangle or equivalent
map showing the location of timber operations. It would be helpful to describe the access route to the timber operation so
that it can be easily located, and/or include an assessor’s parcel map for small areas.
Base Meridian Township Range Section County Acreage to be
Converted
Assessors Parcel Number
M.D.BM.23N 2E 23 & 24 BUTTE 1.5 064-660-050
The following are limitations or requirements for timber operations conducted under a Less Than Three Acre Conversion
Exemption: (Notice, Notice of Conversion Exemption, Conversion Exemption):
1. Timber operations shall comply with all other applicable provisions of the Forest Practice Act and regulations, county general
plans, zoning ordinances, State regulations and any implementing ordinances; copies of the state rules and regulations may be
found on CAL FIRE’s Web Page on the Internet at http://www.fire.ca.gov.
2. All timber operations shall be complete within one year from the date of acceptance by CAL FIRE. 14 CCR § 1104.1(a)(2)(A)
3. All conversion activities shall be complete within two years from the date of acceptance by CAL FIRE unless under permit by
local jurisdiction. Failure to complete the conversion requires compliance with stocking standards and stocking report
requirements of the Forest Practice Act and Board of Forestry and Fire Protection regulations. 14 CCR § 1104.1(a)(2)(B)
4. The RPF or supervised designee shall visit the site and flag the boundary of the conversion exemption timber operations and
flag any applicable WLPZs and equipment limitation zones. 14 CCR § 1104.1(a)(2)(C)
5. The Timber Operator shall be the responsible party for the treatment of logging Slash and woody debris. 14 CCR
1104.1(a)(2)(D)
6. Timber operations may be conducted during the winter period. Tractor operations in the winter period are allowed under any
of the conditions described in 14 CCR § 1104.1(a)(2)(E)(1-3)
7. No timber operations are allowed within a watercourse and lake protection zone unless specifically approved by local permit
(e.g., county, city). 14 CCR § 1104.1(a)(2)(F)
8. No timber operations shall be conducted until CAL FIRE's notice of acceptance is received and a valid copy of this notice and
CAL FIRE's acceptance shall be kept on site during timber operations.
9.Before beginning Timber Operations, the Timber Operator shall notify the Department of the actual commencement date
of operations. The notification, by telephone, mail, or email, shall be directed to the appropriate CAL FIRE Unit Headquarters,
Forest Practice Inspector or other designated personnel. If the notification is provided by mail, Timber Operations may not
commence until three (3) days after the postmark date of notification. 14 CCR § 1104.1(a)(2)(K)
10. Operations conducted under a notice of exemption are NOT permitted in known sites of rare, candidate, threatened or
endangered plants and animals if the sites will be disturbed or damaged. NO timber operations may occur within a buffer zone of
a listed, or sensitive species defined by 14 CCR § 895.1
11. If any activities related to timber operations, as defined by PRC 4527, are to include any of the following activities in any river,
stream or lake, including episodic and perennial waterways, a notification to the California Department Fish and Wildlife is
required pursuant to Fish and Game Code §1602: 1) A substantial alteration of the bed, bank, or channel; 2) A substantial diversion
(i.e. water drafting) or obstruction of the natural flow; or 3) Use of material from or deposit of material into the watercourse.
Information on the Lake and Streambed Alteration Program, as well as notification forms, may be found at the following link:
https://www.wildlife.ca.gov/conservation/lsa.
12. No timber operations are allowed on significant historical or archeological sites. See question #12 Above. Exception can be
made if site is preserved and written concurrence is received, at time of submission of the Notice, from the Department
Archeologist.
14 CCR § 1104.1(a)(2)(I)(1)(a-b)
13. A violation of the conversion exemption, including a conversion applied for in the name of someone other than the person or
entity implementing the conversion in bona fide good faith, are violations of the Forest Practice Act and penalties may accrue up
to ten thousand dollars ($10,000) for each violation pursuant to Article 8 (commencing with Section 4601).
14. Within one month of the completion of timber operations including slash disposal the landowner shall submit to CAL FIRE a
RM-71 Completion and Stocking report. Per PRC 4585 and PRC 4587.
15. Timber operations conducted under this notice shall comply with all operational provisions of the Forest Practice Act and
District Forest Practice Rules applicable to "Timber Harvesting Plan," "THP," and "plan." Timber operations must conform to
applicable city or county general plans, city or county implementing ordinances, and city or county zoning ordinances within which
the exemption is located.
The following suggestions may help ensure your compliance with the Forest Practice Rules:
1. Timber Owners, Timberland Owners and Timber Operators should obtain and review copies of the Forest Practice Rules
pertaining to the Notice of Exemption. Copies may be obtained from BARCLAYS LAW PUBLISHERS, P.O. BOX 3066, SO. SAN
FRANCISCO, CA. 94080. or from CAL FIRE, Forest Practice Section, P.O. BOX 944246, Sacramento, CA 94244-2460; or from CAL
FIRE’s Web Page on the Internet at http://www.fire.ca.gov.
2. Contact the CAL FIRE office listed below for questions regarding the use of this notice.
FILE THIS NOTICE WITH THE CAL FIRE OFFICE BELOW FOR THE COUNTY IN WHICH THE OPERATION WILL OCCUR:
Alameda, Colusa, Contra Costa, Del Norte, Humboldt, Lake,
Marin, Mendocino, Napa, San Mateo, Santa Clara, Santa Cruz,
Sonoma, Solano, western Trinity & Yolo counties.
=> Forest Practice Program Manager
=> CAL FIRE
135 Ridgeway Avenue
Santa Rosa, CA 95401
Butte, Glenn, Lassen, Modoc, Nevada, Placer, Plumas Shasta,
Sierra, Siskiyou, Sutter, Tehama, eastern Trinity and Yuba
counties.
=> Forest Practice Program Manager
=> CAL FIRE
6105 Airport Road
Redding, CA 96002
Alpine, Amador, Calaveras, El Dorado, Fresno, Imperial, Inyo,
Kern, Los Angeles, Madera, Mariposa, Merced, Mono,
Monterey, Orange, Riverside, San Benito, San Bernardino, San
Diego, San Luis Obispo, Santa Barbara, Stanislaus, Tuolumne,
Tulare, and Ventura counties.
=> Forest Practice Program Manager
=> CAL FIRE
1234 East Shaw Avenue
Fresno, CA 93710
BOYKIN PROPERTY