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HomeMy WebLinkAboutEmail from Shari McCracken - Fuel Reduction Discussion Menchaca, Clarissa From: McCracken, Shari Sent: Tuesday, February 27, 2018 1:53 PM To: Lambert, Steve; Kirk, Maureen; Connelly, Bill; Teeter, Doug;Wahl, Larry Cc: Clerk of the Board;Alpert, Bruce Subject: Fwd: Fuel reduction discussion Attachments: Butte 2017 Timber Harvest Information 100417.pdf, ATT00001.htm FYI Sent from my iPhone Begin forwarded message: From: "Read, Darren@CALFIRE" <Darren.Read(c,fire.ca.ggv> Date: February 27, 2018 at 1.24:21 PM PST To: "sm ccracken@,butteco unty.net" <smccracken( buttecoqnjy.net> Cc: "Read, Darren@CALFIRE" <Darren.Read,((T irea.gov> ,fx Subject: RE: Fuel reduction discussion Shari, No problem on property owners providing defensible space around structures or taking out dead trees on their own property, no permit or consultation is required. The only time it might get dicey is if a property owner starts removing timber based on defensible space requirements and ends up for selling, bartering or trading the timber. Then a permit would be required. I attached a document referencing the timber harvest info. Hope this helps. Darren Read Unit & Fire Chief CAL FIRE Butte Unit Butte County Fire Department Proudly Serving the Cities of Biggs, Gridley & Town of Paradise -----Original Message----- Frorn: McCracken, Shari [mailto:SMcCracken(a buttecounty.net] Sent: Tuesday, February 27, 2018 12:33 PM To: Read, Darren@CALFIRE <Darren.Read(_i�r &,bL1t`tec:ountv.net> ,fire.ca.gov>; Pickett <apickettr Subject: Fuel reduction discussion Darren, We're hearing testimony on the proposed Butte Creek Overlay and questions keep coming up about CalFire permit requirements. If a property owner wants to do its 100 foot clearance or 1 other Fire prevention activities (take out dead trees), is a permit, or a consultation with CalFire, required? If this is too simplistic of a question,just let me know. Thx? Shari Sent from my iPhone 2 STATE OF CALIFORNIA—THE RESOURCES AGENCY Edmund G.Brown,Govemor DEPARTMENT OF FORESTRY AND FIRE PROTECTION 176 Nelson Avenue Oroville, CA 95965 (530) 538-7111 Timber Harvest Permitting Options The State Forest Practice Act and Forest Practice Rules govern the harvest of timber from private lands in California. The Rules require a landowner who converts timberland to another use, or harvests timber for commercial purposes (i.e.: you sell, barter, exchange or trade logs or milled lumber to another party) to file a plan or exemption with the California Department of Forestry and Fire Protection (CAL FIRE) prior to conducting timber operations. All the documents described below require the services of a Licensed Timber Operator(LTO). All documents shown with an asterisk (*) additionally require the services of a Registered Professional Forester(RPF). This document contains a listing of the most common documents required by the state, the conditions under which each is appropriate, and ways to contact a RPF or LTO for further assistance. The person listed as the Timber Owner will be required to pay a post-harvest yield tax to the State Board of Equalization based on the volume of timber removed. Harvesting only small amounts of timber may be exempt from the yield tax. An additional permit may be required to be obtained from the Central Valley Regional Water Quality Control Board prior to conducting timber operations in Butte or Plumas Counties. Further information on the Central Valley Regional Water Quality Control Board requirements for timber harvesting can be obtained from their website at: http://www.waterboards.ca.gov/centraIvaIley/water issues/timber harvestlindex.shtml. More information on the necessity for a permit and the various permitting options may be obtained by contacting your local CAL FIRE Forester. Contact Butte Unit Forester Dave Derby at (530)872-6334 or Forest Practice Inspector Jim McDaniel at(530)872-6353. CAL FIRE maintains a website with forest practice information, including links to the various forms necessary for the permitting options discussed below on the internet at: hftp://calfire-ca.gov/ForestPractice. Which Timber Harvest Document is ri ht for me? 1.) Conversion Exemptions* (14 CCR& 1104.1)This exemption permit is required for property owners who intend to clear less than three acres of timberland for converting the area to a non-timber use. Common examples of non-timber uses are the construction of structures and other improvements (i.e. homes, garages, driveways, overhead utility lines, septic systems, outbuildings, etc), conversion agricultural uses (orchards, vineyards, etc), conversion to pastureland for livestock grazing, or clearing land for a horse corral. The landowner is responsible for declaring that there is a "bona fide intent" to convert the timberland to another use upon submission of this exemption. This permit is required whether or not the trees are sold, bartered, exchanged, or traded. This permit must be prepared by a RPF and timber operations must be conducted by a LTO. Timber operations, including the treatment of logging slash, must be completed within one year, CONSERVATION IS WISE-KEEP CALIFORNIA GREEN AND GOLDEN PLEASE REMEMBER TO CONSERVE ENERGY. FOR TIPS AND INFORMATION,VISIT"FLEX YOUR POWER-AT WNNV.CA.GOV. 0 Which Timber Harvest Document is right for me? and all conversion activities must be completed within two years unless under permit by a local jurisdiction. Failure to complete the conversion requires compliance with the stocking standards (replanting requirements) and stocking report requirements of the Forest Practice Act. The LTO is responsible for the treatment of logging slash unless the landowner assumes this responsibility by written declaration to CAL FIRE at the time the exemption is filed. The landowner is responsible for the submission of a work completion report to CAL FIRE within one month of completion of timber operations and payment of any applicable timber yield tax to the State Board of Equalization. 2.) Emergency Notice* (14 CCR & 1052 et seq.)—This permit is designed to allow a landowner to respond to timberland damage from unforeseen emergency events such as: insect, disease, or animal damage; wind, snow, fire, or flood damage; dead or dying trees as a result of air or water pollution; hazardous fuel reduction in areas of high, very high, or extreme fuel hazard conditions; or isolated infestations of Sudden Oak Death. A RPF must declare that a bona fide emergency exists and describe the conditions that constitute the emergency including its cause, extent, and reason for immediate commencement of timber operations. Only trees that are dead or likely to die within one year because of the emergency may be harvested. Operations must be conducted by a LTO and may not commence for 5 working days (15 working days for fuel hazard emergencies)from the date CAL FIRE receives the Emergency Notice. Timber operations, except for burning operations to treat fuels, must be completed within one year. Burning operations to treat fuels must be completed by April 1 of the year following fuel creation. Operations, other than burning, that are expected to continue for more than one year must be conducted in conformance of an approved harvesting plan. The landowner is responsible for the payment of any applicable timber yield tax to the State Board of Equalization. Further requirements for harvesting timberlands due to emergencies created by insects, fuel hazard, and sudden oak death can be found in the Forest Practice Rules. 3.) Exemption (14 CCR 4 1038)—Section 1038 of the Forest Practice Rules identifies numerous conditions in which timber operations have been exempted from the plan preparation and submission requirements (PRC §4581) and from the completion report and stocking report requirements of the Forest Practice Act. Timber Operations under each of these exemptions may not commence for 5 working days from the date of submission, must be completed within one year, be conducted by a LTO, and comply with all the operational provisions of the Forest Practice Rules. The exemptions with an asterisk (*) require a RPF to submit the permit. In all instances, the landowner is responsible for the payment of any applicable timber yield tax to the State Board of Equalization. Below is a brief discussion of commonly used exemptions listed by the alphabetic identifier used in the Forest Practice Rules: (a) Harvesting Christmas trees. • May be submitted by the timberland owner, but requires a LTO to be identified upon submission. (b) Harvesting dead, dying or diseased trees fuelwood, or split products in amounts less than 10% of the average volume per acre. • May be submitted by the timberland owner, but requires a LTO to be identified upon submission. Rev 9-12-2417 Which Timber Harvest Document is right for me? • Limits operations on steep slopes, unstable areas, in watercourse or lake protection zones, near rare, threatened, or endangered plants or animals, within the buffer zone of sensitive species, and near significant archaeological or historic sites. • No new road construction or reconstruction is allowed. (c) Structure Protection Exemption*-- May be used to reduce fuels within either 150 or 300 feet of an approved and legally permitted structures. Harvesting under this permit must reduce the horizontal and vertical continuity of vegetative fuels for the purpose of reducing wildland fire spread, duration and intensity. Timber operations under this exemption must conform to all applicable city or county general plans and zoning ordinances within the area the exemption is located. The limitations identified in section 1038(b) above apply to this exemption. • The following requirements apply to timber operations in the area within 150 feet of an approved and legally permitted structure. i. May be submitted by the landowner, but requires an LTO to be identified upon submission. ii. All surface fuels created by timber operations must be treated within 45 days from the start of timber operations. iii. Slash treatment must meet the vegetation standards illustrated in Technical Rule Addendum No. 4 of the Forest Practice Rules within one year. • The following requirements apply to timber operations in the area between 150 feet to 300 feet of an approved and legally permitted habitable structure. i. The Notice of Exemption must be filed by an RPF. ii. The post-harvest stand must meet the stocking requirements for unevenaged management (14 CCR § 953.2) and the quadratic mean diameter of trees greater than eight inches in diameter at breast height must be increased. iii. All logging slash created by timber operations must be treated to achieve a post-harvest depth of 18 inches above the ground within 45 days from the start of timber operations except for the burning of piles. (k) Drought Mortality Exemption* -This is an exemption to allow landowners to respond to tree mortality due to extended drought conditions. • Projects less than 20 acres may be submitted by the landowner. Projects greater than 20 acres must be submitted by a RPF. • The limitations identified in section 1038(b) above apply to this exemption. • May harvest trees that are dead or dying in amounts greater than 10% of the average volume per acre, but must retain at least one decadent and deformed tree per acre for wildlife habitat. Rev 9-12-2017 Which Timber Harvest Document is right for me? 5.) Modified Timber Harvest Plan* (14 CCR 410511—Operations conducted with the following limitations on an ownership 160 acres or less are presumed to be unlikely to cause a significant adverse impact to the environment. An abbreviated timber harvest plan with no cumulative impact report may be submitted if the following mitigations are met. • On parcels 40 acres or less, no more than 70% of the existing tree canopy is to be harvested. On parcels 41-160 acres no more than 50% of the existing tree canopy is to be harvested. Residual trees must be retained well distributed over the plan area. • Heavy equipment operations are limited on steep slopes, areas of high erosion hazard, unstable areas, in watercourse and lake protection zones, and within potentially significant archaeological or historical sites. • Timber operations in Special Treatment Areas are limited to log hauling or other operations consistent with the purpose of the Special Treatment Area. • Construction of new logging roads is limited based on the size of the harvest area. • No species of plant or animal listed as threatened or endangered may be directly or indirectly adversely impacted. • Harvesting will not reduce the amount of timberland occupied by late successional forest stands currently greater than or equal to five acres in size. • A partial or complete cumulative impacts report may be required if it is determined that operations do not meet the above requirements, or where a fair argument is made that significant individual or cumulative impacts may result from timber operations. 6.) Timber Harvesting Plan* (14 CCR§ 1032 et seq.)—A Timber Harvesting Plan (THP) is required for harvesting timber for commercial purposes in situations that do not fit any of the permitting options listed above. Harvesting under a THP allows a landowner access to the full range of silvicultural treatments and operational methods allowed under the Forest Practice Rules, as well as the ability to propose alternative and in lieu practices for approval by CAL FIRE. An approved THP acts as the functional equivalent of an Environmental Impact Report for compliance with the California Environmental Quality Act (CEQA). • An archeological survey and report and a cumulative impacts assessment report must be prepared to evaluate the potential significant impacts of the project. • It is good for 5 years after approval and can be extended for two years when good cause is shown. • There is a 10-day filing period followed by a minimum 15-day environmental review and public comment period. An on-site inspection by representatives from CAI_ FIRE, The Department of Fish and Wildlife, the applicable Regional Water Quality Control Board, and the California Geological Survey is often part of the environmental review. 7.) Nonindustrial Timber Management Plan* (14 CCR -4 1090 et sea.)—A Nonindustrial Timber Management Plan (NTMP) is a long term_permitting option for owners of less than 2,500 acres of timberland. A NTMP analyzes the impacts from a series of future harvests at the time of NTMP submission, allowing future harvesting to be conducted under a streamlined Notice of Timber Operations. NTMPs have no termination date and may be transferred to succeeding landowners upon a change of ownership. Rev 9-12-2017 Which Timber Harvest Document is right for me? • The content of a NTMP is similar to that of a THP listed above with the addition of information about the long-term growth and yield projected for the property based on the proposed management strategy. • Evenaged management (clearcutting, seed tree, and shelterwood harvests) are not allowed. • The Forest Practice Rules in effect at the time of NTMP approval are the rules which will govern future timber harvests in compliance with the NTMP. • Up-front costs for a NTMP may be higher than that for a THP due to more intensive timber inventories necessary and the required growth and yield modelling, but future harvesting is streamlined leading to long term cost savings over successive THP submission. Where to find a Re_ istered Professional Forester (RPF) or Licensed Timber Operator (LTO) Below is an incomplete listing of Registered Professional Foresters (RPF) and Licensed Timber Operators (LTO) that regularly conduct forestry and timber harvesting operations within Butte County. Inclusion in the list below does not imply endorsement of a particular company or individual. Be sure to ask both the LTO and RPF to show proof of a valid license and valid liability insurance. Additional contacts may be found in the yellow pages of a local telephone book, under Foresters-consulting and Logging companies and/or the California Licensed Foresters Association (CLFA) (www.clfa.org). Questions about LTO licensing can be directed to the CAL FIRE LTO Licensing office at (916) 653-7211. A complete listing of RPFs can be obtained from the Professional Foresters Licensing Office at (916) 653-8031, or on their website at: http://www.bof.fire.ca.gov/professional_foresters_registration l. REGISTERED PROFESSIONAL FORESTERS Daniel Howell (530)846-7962, danahowellitis.com Lee Hunt (530)343-9314 Gregory Kostick (530)533-0665 Terry Rodgers (530)321-1401 Michael Santuccio (530)873-0261 David Sellars (530)680-3967 William Smith (530)520-0316 Peter Sundahl (530)534-5229 Randolph Vasquez (530) 534-5229 Peter Walden (530)272-8242 David Whittier (530) 990-6575 Bob Hutcheson W:(530)964 9756, C:(530)925-9671, bobhutchesonoblackfoxtimber.com LICENSED TIMBER OPERATORS Bamford Enterprises, Inc. (530) 533-0732 Burruss, Mathew S. (530) 845-8171 Buschman Logging (530)675-0599 Corliss, Michael J. (530) 589-4029 Elam, Dennis W. (530) 534-0896 Rev 9-12-2017 Which Timber Harvest Document is right for me? Firestorm Wildland Fire Suppr., Inc. (530) 898-8153 Four Seasons Tree Service (530)588-4170 Goggia, Mike (530)873-9754 Hillskemper Enterprises (530)520-9731 J.W. Bamford Inc. (530)533-0732 Jackson, Joe (530)589-0385 Paradise Tree Service (530)876-0817 Rolls, Gene Jeffrey (530)343-7341 Robert Jackson Logging (530)589-1952 Short Logging Inc. (530)532-0287 Ted Morris Logging (530)532-1612 Ulsh, Dale Eugene (530) 345-0461 *Licensed Timber Operators and Registered Professional Foresters that would like to work in Butte County and would like to be included in this listing can contact Butte Unit Forester Dave Derby at(530) 872-6334. _Glossary — Abbreviations and Definitions Commercial purposes: The cutting or removal of trees that are processed into logs,lumber,or other wood products and offered for sale,barter,exchange,or trade,or the cutting or removal of trees or other forest products during the conversion of timberlands to land uses other than the growing of timber. Timberland means land,other than land owned by the federal government and land designated by the board as experimental forest land,which is available for,and capable of,growing a crop of trees of any commercial species used to produce lumber and other forest products,including Christmas trees. Commercial species shall be determined by the board on a district basis after consultation with the district committees and others. Timber Operations means the cutting or removal,or both,of timber or other solid wood forest products,including Christmas trees,from timberlands for commercial purposes,together with all the incidental work, including,but not limited to,construction and maintenance of roads,fuel breaks,firebreaks,stream crossings,landings,skid trails,and beds for the falling of trees,fire hazard abatement,and site preparation that involves disturbance of soil or burning of vegetation following timber harvesting activities. RPF-Registered Professional Forester, LTO-Licensed Timber Operator. CCR-California Code of Regulations. PRG Public Resource Code. CALIFORNIA FOREST PRACTICE RULES. Title 14,California Code of Regulations,Chapter 4, end Rev 9-12-2017