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HomeMy WebLinkAboutPRFI-25-0030 Boyer THP ExemptionRM-73 (1104.1) (Rev. 03/2025) 6. COUNTY BOARD OF SUPERVISORS DECLARATION. . Is there an approved permit for this conversion exemption provided by the county or local jurisdiction? 9 YES NO. If "Yes", attach the approved permit per 14 CCR § 1104.1(a)(1)(D) and skip 6a and 6b. If "No", complete either 6a or 6b. a.If a required permit for this conversion exemption has not been secured or no permit is required, a signed and dated statement from the county must be completed below per 14 CCR § 1104.1(a)(1)(D). I, , declare as the authorized designee of the County Board of Supervisors that this conversion exemption is in conformance with all county regulatory requirements, including public noticing Signature Date b. If a required county permit has not been secured, or no permit is required, and the county does not have an authorized designee, the RPF shall certify the county has been contacted (see Item 1 above in this notice) and provide the following per 14 CCR § 1104.1(a)(1)(D): Name of county contact: N/A Date of contact: N/A Contact information of county contact: N/A 7.Have the required notifications been posted and mailed in accordance with 14 CCR § 1104.1(a)(6)? YES 9 NO. If "No", or if the notification is incorrect, this notice of conversion exemption shall not be accepted. NOTE: The neighborhood notification shall be posted on the ownership visible to the public by the RPF or supervised designee, at least five (5) days prior to the postmark date of submission of this notice, including the date of posting. Immediately prior to the submission of this notice, the landowner shall mail a letter to adjacent landowners within 300 feet of the boundaries of the exemption, and to Native Americans, notifying them of the intent to harvest timber. The mailed letter of notice and the posted notice shall contain a map of the project area on a form prepared by the RPF, including the information required in 14 CCR § 1104.1(a)(6)(A)-©. 8.Will Timber Operations occur within a WLPZ? 9 YES NO. If "Yes", indicate the exceptions permitted by 14 CCR § 1104.1(a)(5)(F): 9 1. Use of existing roads. 9 2. Road Maintenance. 9 3. Operations conducted for public safety. 9 4. Temporary crossings of dry Class III Watercourses that do not require notification under the Fish and Game Code §1600 et seq. 9 5. Those uses specifically approved by an applicable permit or regulation. Attach a copy of the approved permit per 14 CCR § 1104.1(a)(1)(D). 9.Is it anticipated that a tree existing before 1800 A.D. greater than sixty (60) inches Diameter at stump height for Sierra or Coastal Redwoods, and forty-eight (48) inches in Diameter at stump height for all other tree Species will be harvested per 14 CCR § 1104.1(i)? 9 YES NO. (required) If "Yes" refer to Public Resources Code (PRC) 4584.1(l)(1)(b). An RPF is required to prepare an explanation and justification described in 14 CCR § 1104.1(i) to be included at submission. 10.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.A non-contiguous land ownership within the last 5 years? 9 YES NO. 3 Alyssa Mendoza 10/20/25 RM-73 (1104.1) (Rev. 03/2025) If "Yes" then the Timberland Owner must address the provisions of 14 CCR § 1104.1(a)(11). B.The same legal assessor's parcel as the proposed conversion? 9 YES NO. If "Yes" then the Timberland Owner must address the provisions of 14 CCR § 1104.1(a)(12). C.The same contiguous land ownership related to this conversion exemption? 9 YES NO. If "Yes" then the Timberland Owner must address the provisions of 14 CCR § 1104.1(a)(13). 11.Has all or a portion of the contiguous land ownership been subject to a prior, unpermitted Timberland conversion? 9 YES NO. If "Yes" provide a description or information to assist the Director in determining that this conversion would be consistent with the proposed Act. 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 Plan. This conversion exemption may only be used once per contiguous land ownership, except as outlined in 14 CCR § 1104.1(a)(12) & (13) . If all or a portion of the contiguous land ownership has been subject to a prior unpermitted timber land conversion under the current owner, a conversion exemption hereunder shall not be accepted unless the Director determines it would be consistent with the purposes of the Act. 12.Will Timber operations occur within the winter period? YES 9 NO. If "Yes" refer to 14 CCR § 1104.1(a)(5)(E)(1-3) for specific requirements. 13.Have significant archaeological sites been identified within the project area? 9 YES NO. If "Yes" provide written concurrence from a Department Archaeologist at the time of submission per 14 CCR § 1104.1(a)(5)(I)(1)(a)&(b). If "Yes", will the site be preserved in place? 9 YES 9 NO. 15.Is the stated non-timber use feasible, based upon the extent of the vegetation removal and Site Preparation required for the conversion, as well as the suitability of soils, slope, aspect, and microclimate per 14 CCR § 1104.1(a)(8)(A) & (B)? YES 9 NO. 16.16.Provide the legal description of the location, county, and assessor parcel number(s) where Timber Operations are proposed per 14 CCR § 1104.1(a)(1)(B). 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. Attach additional supporting pages as necessary. Base Meridian Township Range Section County Acreage* (required) Assessors Parcel # MDB&M 19N 06E 11 Butte 2.1 073-360-012 *Acres are estimated and are for the boundaries of the conversion area. Include a seven-and-one-half (7 ½) minute USGS quadrangle map, or its equivalent, depicting the information as required below and represented at a scale of at least 1:12,000. Additional maps, which may be topographic or planimetric, may be used to provide additional information, to show specific details, and to improve map clarity. If additional maps are used, an overview map representing the entire Logging Area shall be submitted for purposes of reference. Color coding shall not be used. A legend shall be included indicating the meaning of the symbols used and each map shall include the Public Land Survey System with Township, Range, and Sections labeled. The submitted notice of conversion exemption shall indicate if more than one (1) Yarding system is to be used and identify the systems (if more than one is used). The maps shall indicate the following information per 14 CCR § 1104.1(a)(1)(F): 1.Parcel boundaries. 2.Boundaries of the Harvest Area. If the parcel is less than three acres, the parcel boundaries shall be assumed to be the boundaries of the Harvest Area. 3.Location of all roads to be used for, or potentially impacted by, Timber Operations. 4.Location of all Watercourses and Lakes with Class I, II, III or IV waters. 4 RM-73 (1104.1) (Rev. 03/2025) 5.Roads and Landings located in a WLPZ, Meadows and Wet Areas other than at road Watercourse crossings. 6.Location of known Unstable Areas. 7.Location of any Special Treatment Areas. NOTE: Areas previously converted by the current ownership shall be included on the map in CCR § 1104.1(a)(1)(F) per 14 CCR § 1104.1(a)(12)(B). Limitations or requirements for Timber Operations conducted under a Less Than Three Acre 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 at https://bof.fire.ca.gov/regulations/bills-statutes-rules-and-annual-california-forest- practice-rules/ 2.All Timber Operations shall be complete within one year from the date of acceptance by CAL FIRE per 14 CCR § 1104.1(a)(5)(A). 3.Conversion to the bona fide nontimber use shall be complete within two (2) years from the date of acceptance by the Director unless under permit by local jurisdiction. Failure to timely complete the conversion shall require compliance with stocking standards of the PRC 4561 and stocking report requirements of the Act and Rules per 14 CCR § 1104.1(a)(5)(B). 4.The RPF or supervised designee shall flag the boundary of the of the Harvest Area and flag any applicable WLPZs and EZs per 14 CCR § 1104.1(a)(5)©. 5.The Timber Operator shall be the responsible party for the treatment of logging Slash and woody debris per 14 CCR 1104.1(a)(5)(D). 6.Timber operations may be conducted during the winter period. Tractor operations in the winter period are allowed as described in 14 CCR § 1104.1(a)(5)(E)(1-3). 7.No timber operations are allowed within a watercourse and lake protection zone except for conditions described in 14 CCR § 1104.1(a)(5)(F). 8.No Tractor Operations or heavy equipment operations on known Unstable Areas per 14 CCR § 1104.1(a)(5)(G). 9.No sites of rare, threatened, or endangered plants or animals shall be disturbed, threatened or damaged and no Timber Operations shall occur within the Buffer Zone of a sensitive species as defined in 14 CCR 895.1 per 14 CCR § 1104.1(a)(5)(H). 10.No Timber Operations are allowed on any site that satisfies the criteria listed in 14 CCR §895.1 for a Significant Archaeological or Historical Site except as described in14 CCR § 1104.1(a)(5)(I). 11.The RPF shall comply with 14 CCR § 1035.2, for interaction between the LTO and the RPF per 14 CCR § 1104.1(a)(5)(J). 12.Prior to the commencement Timber Operations, the LTO shall notify the Department of the actual commencement date of Timber Operations per 14 CCR § 1104.1(a)(5)(K). 13.The Timber Owner, submitter of the notice of conversion exemption, RPF, or LTO shall notify the Department of the date of completion of Timber Operations no later than thirty (30) days from the actual date of completion of Timber Operations per 14 CCR § 1104.1(a)(5)(L). 14.The submitter of the notice of conversion exemption shall, within 30 days from the completion of Timber Operations, which includes all Slash disposal work, except for pile burning carried out pursuant to 14 CCR 1104.1(a)(5)(D), submit a work completion report to the Director per 14 CCR § 1104.1(a)(7). 15.All Timber Operations conducted in the Lake Tahoe Region must have a valid Tahoe Basin Tree Removal Permit, as defined by TRPA, or shall be conducted under a valid TRPA Memorandum of Understanding, when such a permit is required by TRPA per 14 CCR § 1104.1(a)(5)(M). 16.A neighborhood notification of conversion exemption Timber Operations shall be posted on the ownership visible to the public by the RPF or supervised designee, at least five (5) days prior to the postmark date of submission of the notice of Conversion Exemption Timber Operations to the Director per 14 CCR § 1104.1(a)(6). 17.The notice of conversion exemption shall expire if there is any change in Timberland ownership as described in 14 CCR § 1104.1(a)(10). 18.A Timberland Owner may request a waiver to the five-year limitation described in 14 CCR § 1104.1(a) per 14 CCR § 1104.1(a)(11). 19.A Timberland owner may request a waiver to the one-time limitation described in 14 CCR § 1104.1(a) as a result of an undue hardship per 14 CCR § 1104.1(a)(12). 20.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 https://www.wildlife.ca.gov/conservation/lsa. 21.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). The following suggestions may help ensure compliance with the Forest Practice Rules: 5 RM-73 (1104.1) (Rev. 03/2025) •Timber Owners, Timberland Owners, Registered Professional Foresters, and Licensed Timber Operators should review the Forest Practice Rules pertaining to this notice. Copies may be obtained from Barclays Law Publishers, P.O. Box 2006, San Francisco, CA 94126, or downloaded from the Board of Forestry and Fire Protection at https://bof.fire.ca.gov/regulations/bills-statutes-rules-and-annual-california-forest-practice-rules/ •Contact the CAL FIRE office listed below for questions regarding the use of this notice. File this notice online with CalTREES (https://caltreesplans.resources.ca.gov/caltrees/) or send to the CAL FIRE Forest Practice Manager at the 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, Solano, Sonoma, western Trinity and Yolo Counties. 135 Ridgway Avenue Santa Rosa, CA 95401 santarosareviewteam@fire.ca.gov (707) 576-2959 Butte, Glenn, Lassen, Modoc, Nevada, Placer, Plumas, Shasta, Sierra, Siskiyou, Sutter, Tehama, eastern Trinity and Yuba Counties. 6105 Airport Road Redding, CA 96002 reddingreviewinbox@fire.ca.gov (530) 224-2445 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. 1234 East Shaw Avenue Fresno, CA 93710 fresnoreviewinbox@fire.ca.gov (559) 243-4107 6 The timberland owner shall, using the services of an RPF to the extent the information required is within the scope of professional forestry practice, provide information documenting that the conversion to the stated non-timber use is feasible based upon, at a minimum, the following: (A) the extent of the vegetation removal and site preparation required for the conversion; Vegetation removal will involve removal of trees and brush. All of the conifer sawlog trees and hardwood trees will be removed in the orchard footprint. The property and soil can fully support this use. Site preparation will involve preparing the ground for the said uses. The trees will be cut for sawlog material and will be hauled off, and/or chipped, and the firewood material may be left on-site. Pine Slash and woody debris which is cut up for firewood shall be cut to lengths 24 inches or less and set aside for drying within seven (7) days of its creation. All other limbs and slash will be treated by chipping and spreading, burning, and/or removal from site. (B) the suitability of soils, slope, aspect, and microclimate for the stated non-timber use; The soil is a productive forest soil that can easily support the said uses. The soil does not contain much rock to be a problem. The slopes are less than 10% that can easily support the said uses. The aspect is flat/east facing. The elevation is approximately 2,800 feet which easily supports the said uses. There is no discernable microsite to speak of. There is a class 4 (ditch) watercourse along the west side of the property. The conversion area is flagged 35 feet east of this ditch with blue and blue/white striped flagging. No conversion (equipment uses and tree harvesting) activities within this 35 foot zone. Trees will be felled away from this ditch, and skidded uphill to the landing. There are no significant archeological sites in and/or adjacent to the exemption area. 7 L DitcScale: N Property PAW10/16/25 Boyer Less Than 3 Acre Conversion Exemption Map Portion of Section(s): 11, T19N, R06E, MDB&M 500 0 500 Feet Exisiting roads Landing Haul route LExemption area Class 4 stream