ZONE MANAGEMENT ACT
Beth Greenwood, JD
Benjamin Smith
Common Gound: Center for Cooperative Solutions
University Extension, University of California
Davis, California 95616
April 1995
TABLE OF CONTENTS
ABSTRACT
1.INTRODUCTION...... 5
2.LEGAL AND HISTORICAL BACKGROUND...... 5
2.A.The Federal Clean Water Act (CWA)...... 5
2.B.State Water Resources Control Board...... 6
2.C.Best Management Practices (BMPs)...... 6
2.D.Coastal Zone Reauthorization Amendments...... 7
2.E.Review of State NPS Management Program...... 7
2.F.Comparison of CZMA Management Measures with BMPs in Effect on State Responsibility and Federal Lands: 7
3.PROJECT METHODOLOGY...... 19
3.A.Purpose of the Workshops...... 19
3.B.Workshop Locations and Participants...... 19
3.C.Procedures for Analysis of Public Comments...... 19
4.REVIEW OF THE PUBLIC COMMENTS FROM THE WORKSHOPS...... 20
4.A.General Summary...... 20
4.B.Statutes and Regulations...... 22
4.B.1. Operations...... 22
4.B.2. Policy...... 23
4.B.3. Process...... 24
4.C.Agency Organization/Staffing/Funding...... 25
4.C.1. CDF Organizational Goals...... 25
4.C.2. CDF Jurisdiction...... 25
4.C.3. Agency Staffing...... 25
4.C.4. Funding...... 25
4.D.Interagency Coordination...... 26
4.E.Implementation and Monitoring of Forest Practice Rules...... 26
5.PUBLIC RECOMMENDATIONS...... 26
5.A.Statutes and Regulations...... 26
5.A.1. Operations...... 26
5.A.2. Policy...... 27
5.A.3. Process...... 27
5.B.Agency Organization/Staffing/Funding...... 28
5.B.1. CDF Organizational Goals...... 28
5.B.2. CDF Jurisdiction...... 28
5.B.3. Agency Staffing...... 28
5.B.4. Funding...... 28
5.C.Interagency Coordination...... 28
5.D.Implementation and Monitoring of Forest Practice Rules...... 29
6.ANALYSIS OF PUBLIC INPUT AND RECOMMENDATIONS BY REVIEWERS. 29
6.A.General Summary...... 29
6.B.Recommended Changes or Additions to Statutes and Regulations to meet CZMA Management 30
6.B.1. Mass Wasting...... 30
6.B.2. Consultation of Specialists...... 30
6.B.3. Drainage Structure Sizing...... 30
6.C.Recommended Changes in Existing Policy or Procedure...... 31
6.D.Response to the Public Trust Issue...... 31
7.APPENDICES
Appendix 7A: Summary and Analysis of Public Input...... 32
Appendix 7B: List of Written Materials Submitted by Interested Participants...... 47
Appendix 7C: Public Notice and Advertisements...... 51
ABSTRACT
In 1994, Congress reauthorized the Coastal Zone Management Act (CZMA). As part of the reauthorization, each state is required to conduct a review of current timber management practices to determine if they comply with the Management Measures of the CZMA. This report summarizes five workshops held to obtain comments regarding the compliance of current timber management practices with the Management Measures of CZMA. The workshops focused on the effectiveness of Best Management Practices contained in the Forest Service 208 Report and the State Forest Practice Rules (FPRs) in meeting the Management Measures of the CZMA.
The fundamental objectives of this report are:
To identify the extent the public believes that present state and federal practices are in compliance with the measures;
To evaluate the alternative methods and options proposed by the public for prevention and management of nonpoint source pollution from particular land uses; and
To determine which options best meet the identified interests of particular stakeholders and meet the water quality goals.
This report finds in general that one segment of the public perceives that the Forest Practice Rules are adequate to mitigate nonpoint source pollution and meet the requirements of the Management Measures. Another segment of the public is concerned that either the rules themselves or their implementation are not effective in controlling nonpoint source pollution. The accuracy of these public observations is untested and the most effective way to test them accurately is through a fully implemented monitoring program.
1.INTRODUCTION.INTRODUCTION
In 1994, Congress reauthorized the Coastal Zone Management Act (CZMA). As part of the reauthorization, each state is required to conduct a review of current timber management practices to determine whether they comply with the Management Measures of the CZMA. This report summarizes five workshops held by Common Ground: Center for Cooperative Solutions, University Extension, University of California, Davis, to obtain public comments regarding the compliance of current timber management practices in California with the CZMA Management Measures.
The workshops were held on behalf of the State Water Resources Control Board (SWRCB), the California Department of Forestry and Fire Protection (CDF), the State Board of Forestry (BOF), and the U.S. Department of Agriculture, Forest Service (USFS). The focus of the workshops was the effectiveness of Best Management Practices contained in the Forest Service 208 Report and the State Forest Practice Rules in meeting the Management Measures of the CZMA.
The fundamental objectives of this report summarizing input from the public workshops held by Common Ground are: to identify public opinion regarding the extent to which present state and federal practices are in compliance with the measures, to evaluate alternative methods and options proposed by the public for prevention and management of nonpoint pollution from particular land uses, and to determine which options best meet the identified interests of particular stakeholders as well as meeting water quality goals.
2.LEGAL AND HISTORICAL BACKGROUND.LEGAL AND HISTORICAL BACKGROUND
2.A.The Federal Clean Water Act (CWA).A.The Federal Clean Water Act (CWA)
The CWA was amended in 1977 to address nonpoint source (NPS) pollution, primarily by addition of Section 208. NPS pollution is caused by rainfall or snowmelt carrying natural and manmade pollutants into lakes, rivers, streams, wetlands, estuaries, and groundwater. Sources of NPS pollution include land management activities (such as silviculture) which have the potential to generate sediment or other pollutants over relatively large areas. The key to controlling NPS pollution is to control the activities which generate NPS discharges. Silviculture is a recognized category of NPS pollution subject to the CWA requirements.
Section 208 directed each state to develop plans to control NPS pollution. Accordingly, the U.S. Environmental Protection Agency (USEPA) promulgated regulations which:
1.Authorized the governor of each state to:
(a)Designate water quality planning agencies;
(b)Certify and submit to USEPA for approval NPS water quality management (WQM) plans developed by water quality planning agencies.
2.Authorized each designated water quality planning agency to:
(a)Develop water quality management (WQM) plans, including BMPs, to address each category of NPS pollution;
(b)Designate management agencies to take the lead in implementing each WQM plan;
(c)Enter into a Management Agency Agreement (MAA) with each prospective management agency, indicating that agency's commitment to carry out its implementation responsibilities.
The CWA was amended again in 1987 by addition of Section 319. It directed each state to implement NPS management plans.
2.B.State Water Resources Control Board.B.State Water Resources Control Board (SWRCB)
In California, the Porter-Cologne Water Quality Act designated the SWRCB as the water quality planning agency for most of the State, and the governor delegated his certification authority to the SWRCB. The SWRCB is responsible for ensuring compliance with NPS requirements of the CWA. In 1981, the SWRCB certified a USFS Water Quality Management (WQM) Plan entitled "Water Quality Management for National Forest System Lands in California" designating the USFS as the management agency for WQM plan implementation. At that time SWRCB entered into an MAA with USFS.
In 1988, the SWRCB certified a WQM plan for timber operations on nonfederal lands in California, designated CDF/BOF as joint management agencies, and entered into an MAA with them. Later in 1988, pursuant to Section 319, SWRCB adopted a NPS Management Plan which incorporated the two WQM plans. Silviculture is the only NPS category for which the SWRCB currently has WQM plans, has designated management agencies, and has executed MAAs.
2.C.Best Management Practices (BMPs).C.Best Management Practices (BMPs)
The WQM plans addressing silviculture on National Forest System lands and nonfederal lands each set forth silvicultural BMPs. BMPs are "those practices which are the most effective means practicable for preventing or reducing the generation of NPS discharges, given economic, institutional, technical, and environmental constraints". The BMPs for timber operations on nonfederal lands are set forth in the Forest Practice Rules (Title 14, Code of California Regulations, Section 850 et seq). These regulations are promulgated by BOF and administered by CDF. The BMPs for silvicultural activities on National Forest System lands are incorporated in USFS Soil and Water Conservation Handbook (R-5 FSH 2509.22), December 1990. They must be followed by USFS personnel in planning and administering silvicultural activities.
2.D.Coastal Zone Reauthorization Amendments.D.Coastal Zone Reauthorization Amendments
The Federal Coastal Zone Management Act was reauthorized and amended by the Coastal Zone Reauthorization Amendments of l990. Section 6217 of CZARA imposes more stringent controls for NPS pollution. Accordingly, USEPA promulgated new regulations which are set forth in a document entitled, "Guidance Specifying Management Measures (MMs) for Sources of Nonpoint Pollution in Coastal Waters" (G Guidance). MMs are defined as economically achievable measures to control the addition of pollutants to coastal waters. Each MM discusses suggested Management Practices for achieving conformance with the MM. Chapter 3 of the G Guidance sets forth ten MMs for forestry which USEPA has determined to be generally economically achievable. Each state is required to review its NPS control programs requirements to ensure that they are capable of achieving conformance with the MMs; conformance with Management Practices is not explicitly required.
2.E.Review of State NPS Management Program.E.Review of State NPS Management Program
SWRCB decided to review the State's NPS management program for the State as a whole, not just for the coastal zone. For every NPS category except silviculture, SWRCB formed Technical Advisory Committees and used an interestbased conflict resolution procedure to review the NPS program and to develop recommendations related to conformance with the MMs. Recognizing the management agency roles of BOF/CDF and USFS, SWRCB invited each of them to take the lead in conducting the review of the State's silvicultural NPS management program. BOF/CDF accepted the invitation, and USFS offered to support the effort. BOF/CDF decided to use public workshops, rather than a Technical Advisory Committee, to conduct the review under contract with Common Ground.
2.F.Comparison of CZMA Management Measures with BMPs in Effect on State Responsibility and Federal Lands:.F. Comparison of CZMA Management Measures with BMPs in Effect on State Responsibility and Federal Lands:
COASTAL ZONE MANAGEMENT ACT MANAGEMENT MEASURES------
A. PREHARVEST PLANNING
Perform advance planning for forest harvesting that includes the following elements where appropriate:
(1)Identify the area to be harvested, including location of waterbodies and sensitive areas such as wetlands, threatened or endangered aquatic species habitat areas, or high erosion hazard areas (landslide-prone areas) within the harvest unit.
(2)Time the activity for the season or moisture conditions when the least impact occurs.
(3)Consider potential water quality impacts and erosion and sedimentation control in the selection of silvicultural and regeneration systems, especially for harvesting and site preparation.
(4)Reduce the risk of occurrence of landslides and severe erosion by identifying high erosion hazard areas and avoiding harvesting in such areas to the extent practicable.
(5)Consider additional contributions from harvesting or roads to any known existing water quality impairments or problems in watersheds of concern. / CALIFORNIA FOREST
PRACTICE RULES
------
916.4, 936.4, 956.4 (a)
916.5, 936.5, 956.5, 1034
912.5, 932.5, 952.5
914.7, 934.7, 954.7 (a-c)
895.1 winter period, 923.4,
943.4, 963.4
913.1a(2-4), 915, 933.1a(2-4), 935, 953.1a(2-4), 955
915.4, 935.4, 955.4
916.2, 936.2, 956.2
916.4, 936.4, 956.4 (a)
896, 897, 898, 898.1, 898.2
912.5, 912.9, 932.5, 932.9, 952.5 (a-h), 952.9, Technical Rule Addendum #2
912.9, 932.9, 952.9
916.4, 916.8, 936.4, 936.8, 956.4 (a), 956.8, Technical Rule Addendum #2 / FOREST SERVICE
208 REPORT BMPs
------
1-1, 1-10
1-2, 1-3, 1-4, 1-19, 1-25,
2-5
1-4, 1-5, 1-13, 2-3, 5-6, 7-7
1-4, 1-9, 1-23, 1-25
1-3, 1-6, 1-9, 1-25
7-8
Perform advance planning for forest road systems that includes the following elements where appropriate:
(1)Locate and design road systems to minimize, to the extent practicable, potential sediment generation and delivery to surface waters. Key components are:
olocate roads, landings, and skid trails to avoid to the extent practicable steep grades and steep hillslope areas, and to decrease the number of stream crossings;
oavoid to the extent practicable locating new roads and landings in Streamside Management Areas (SMAs); and
odetermine road usage and select the appropriate road standard.
(2)Locate and design temporary and permanent stream crossings to prevent failure and control impacts from the road system. Key components are:
osize and site crossing structures to prevent failure;
ofor fish-bearing streams, design crossings to facilitate fish passage.
(3)Ensure that the design of road prism and the road surface drainage are appropriate to the terrain and that road surface design is consistent with the road drainage structures.
(4)Use suitable materials to surface roads planned for all-weather use to support truck traffic.
(5)Design road systems to avoid high erosion or landslide hazard areas. Identify these areas and consult a qualified specialist for design of any roads that must be constructed through these areas. / 923, 943, 963
923.1, 943.1, 963.1
914.2, 934.2, 954.2 (a,b,d,f)
914.8, 934.8, 954.8 (a)
916.3, 936.3, 956.3 (c)
923, 943, 963 (c-f)
923.1, 943.1, 963.1 (c-e,g)
923.3, 943.3, 963.3 (b)
916.3, 936.3, 956.3 (c)
916.4, 936.4, 956.4 (a)
923, 943, 963(d,e)
923.1, 943.1, 963.1 (d,h)
923.2, 943.2, 963.2 (v)
923, 943, 963
923.1, 943.1, 963.1 (a,b,g)
923.3, 923.4, 943.3, 943.4,
963.3, 963.4
914.8, 934.8, 954.8 (e)
923.3, 943.3, 963.3 (a,e)
923.4, 943.4, 963.4 (f)
914.8, 934.8, 954.8 (c)
923.3, 943.3, 963.3 (c)
914.6, 934.6, 954.6 (c)
923.1, 943.1, 963.1 (f)
923.1, 943.1, 963.1 (d,g)
923.1, 943.1, 963.1 (b)
923.2, 943.2, 963.2 (t)
923.1, 943.1, 963.1 (c,d)
923, 943, 963 (f,g), 898.1 (b),
1037.5 / 1-4, 2-1, 2-2, 2-3, 2-5,
2-7
1-10, 1-12, 1-19, 2-16
1-19, 2-13
2-1
2-16, 2-17, 2-26
1-19
2-19
2-1, 2-5, 2-6, 2-7, 2-10,
2-23
2-1, 2-5, 2-24, 2-25
1-3, 1-4, 2-5, 2-67
B. STREAMSIDE MANAGEMENT AREAS (SMAs)
Establish and maintain a streamside management area along surface waters, which is sufficiently wide and which includes a sufficient number of canopy species to buffer against detrimental changes in the temperature regime of the waterbody, to provide bank stability, and to withstand wind damage. Manage the SMA in such a way as to protect against soil disturbance in the SMA and delivery to the stream of sediments and nutrients generated by forestry activities, including harvesting. Manage the SMA canopy species to provide a sustainable source of large woody debris needed for instream channel structure and aquatic species habitat.
C. ROAD CONSTRUCTION/
RECONSTRUCTION
(1)Follow preharvest planning (as described under MM A) when constructing or reconstructing the roadway.
(2)Follow designs planned under MM A for road surfacing and shaping.
(3)Install road drainage structures according to designs planned under MM A and regional storm return period and installation specifications. Match these drainage structures with terrain features and with road surface and prism designs.
(4)Guard against the production of sediment when installing stream crossings.
(5)Protect surface waters from slash and debris material from roadway clearing.
(6)Use straw bales, silt fences, mulching, or other favorable practices on disturbed soils on unstable cuts, fills, etc.
(7)Avoid constructing new roads in SMAs to the extent practicable. / 916.4, 936.4, 956.4 (a-c)
916.5, 936.5, 956.5 (all)
916.3, 936.3, 956.3 (d-f)
916.3, 936.3, 956.3 (a-c),
914.1, 934.1, 954.1 (g)
916.3, 916.4, 936.3, 936.4,
956.3 (g), 956.4 (a,b)
915.1, 923.2, 935.1, 943.2, 955.1 (c), 963.2
923.2, 943.2, 963.2 (all)
914.6, 923.3, 934.6, 943.3,
954.6 (c), 963.3 (all)
914.8, 934.8, 954.8 (b)
914.1, 934.1, 954.1 (a,c),
916.3, 936.3, 956.3 (a,b)
923.2, 943.2, 963.2 (g)
916.7, 936.7, 956.7
916.3, 936.3, 956.3 (c)
923.2, 943.2, 963.2 (v) / 1-8, 1-19, 1-22, 2-13
7-7
2-10, 7-6
1-21, 2-8, 2-9, 7-6
1-19, 2-8, 2-11, 2-14, 2-15, 2-16, 2-17, 7-6
1-19, 2-8, 2-19
1-14, 1-15, 2-4, 2-20, 2-27, 7-1
1-19, 2-13
D. ROAD MANAGEMENT
(1)Avoid using roads where possible for timber hauling or heavy traffic during wet or thaw periods on roads not designed and constructed for these conditions.
(2)Evaluate the future need for a road and close roads that will not be needed. Leave closed roads and drainage channels in a stable condition to withstand storms.
(3)Remove drainage crossings and culverts if there is a reasonable risk of plugging or failure from lack of maintenance.
(4)Following completion of harvesting, close and stabilize temporary spur roads and seasonal roads to control and direct water away from the roadway. Remove all temporary stream crossings.
(5)Inspect roads to determine the need for structural maintenance. Conduct maintenance practices, when conditions warrant, including cleaning and replacement of deteriorated structures and erosion controls, grading or seeding of road surfaces, and, in extreme cases, slope stabilization or removal of road fills where necessary to maintain structural integrity.
(6)Conduct maintenance activities, such as dust abatement, so that chemical contaminants or pollutants are not introduced into surface waters to the extent practicable.
(7)Properly maintain permanent stream crossings and associated fills and approaches to reduce the likelihood (a) that stream overflow will divert onto roads, and (b) that fill erosion will occur if the drainage structures become obstructed. / 923.2, 943.2, 963.2 (q,r,s,t), 923.4, 943.4, 963.4 (o)
923.6, 943.6, 963.6
923, 923.2, 923.3, 923.4, 923.8, 943, 943.3, 943.4, 943.8, 963 (a,b), 963.3, 963.3(d)(1,2), 963.4 (b,d,e,k,l,m,n), 963.8 (b,c,d)
923.3, 943.3, 963.3(d)(1,2)
923.4, 943.4, 963.4 (f)
923,8, 943.8, 963.8 (e)
923.2, 943.2, 963.2 (o,p)
914.6, 934.6, 954.6 (a,b,f)
914.8, 934.8, 954.8 (d)
923.4, 943.4, 963.4 (b,d,e,f,g,m)
932.2, 943.3, 963.3(d)(1,2)
923.4, 943.4, 963.4 (all)
923.4, 943.3, 963.4 (all)
914.8, 934.8, 954.8 (b)
923.3, 943.3, 963.3 (e)
923.4, 943.4, 963.4 (d,g,l,m,n)
923.8, 943.8, 963.8 (e) / 1-5, 2-3, 2-24, 7-7
2-26, 7-6
2-9, 2-26
1-20, 2-22, 2-23, 7-6
2-21
1-19, 7-6
E. TIMBER HARVESTING
The timber harvesting management measure consists of implementing the following:
(1)Timber harvesting operations with skid trails or cable yarding follow layouts determined under MM A.
(2)Install landing drainage structures to avoid sedimentation to the extent practicable. Disperse landing drainage over sideslopes.
(3)Construct landings away from steep slopes and reduce the likelihood of fill slope failures. Protect landing surfaces used during wet periods. Locate landings outside of SMAs.
(4)Protect stream channels and significant ephemeral drainages from logging debris and slash material.
(5)Use appropriate areas for petroleum storage, draining, dispensing. Establish procedures to contain and treat spills. Recycle or properly dispose of all waste materials.
For cable yarding:
(1)Limit yarding corridor gouge or soil plowing by properly locating cable yarding landings.
(2)Use improved stream crossings for skid trails which cross flowing drainages. Construct skid trails to disperse runoff and with adequate drainage structures.
(3)On steep slopes, use cable systems rather than groundskidding where groundskidding may cause excessive sedimentation. / 914.2, 934.2, 954.2 (c)
923.1, 943.1, 963.1 (d,f)
923.5, 943.5, 963.5 (f)
923.5, 943.5, 963.5 (a,b,c,f,g)
923.1, 943.1, 963.1 (c,d), 923.4, 943.4, 963.4 (h,i)
914.7, 934.7, 954.7 (c)(1,2)
916.3, 936.3, 956.3 (c)
916.9 (coast)
914.1, 934.1, 954.1 (a,c)
916.3, 936.3, 956.3 (a,b)
916.4, 936.4, 956.4 (c)(3)
914.5, 934.5, 954.5 (a,b)
923, 943, 963
914.8, 934.8, 954.8 (b,c)
914.6, 934.6, 954.6 (d,f)
916.3, 936.3, 956.3 (c)
916.4, 936.4, 956.4 (d)
914.2, 934.2, 954.2 (b,f) / 1-7, 1-10, 1-11, 7-6
1-16, 7-6
1-12, 7-6
1-18, 1-19, 1-22, 1-24, 7-6
2-12
1-12, 7-6
1-19, 7-6
1-9, 1-11, 7-6, 5-2
F.SITE PREPARATION AND FOREST REGENERATION
Confine on-site potential nonpoint source pollution and erosion resulting from site preparation and the regeneration of forest stands. The components of the management measure for site preparation and regeneration are:
(1)Select a method of site preparation and regeneration suitable for the site conditions.
(2)Conduct mechanical tree planting and ground-disturbing site preparation activities on the contour of sloping terrain.
(3)Do not conduct mechanical site preparation and mechanical tree planting in streamside management areas.
(4)Protect surface waters from logging debris and slash material.
(5)Suspend operations during wet periods if equipment use begins to cause excessive soil disturbance that will increase erosion.
(6)Locate windrows at a safe distance from drainages and SMAs to control movement of the material during high runoff conditions.
(7)Conduct bedding operations in high water table areas during dry periods of the year. Conduct bedding in sloping areas on the contour.
(8)Protect small ephemeral drainages when conducting mechanical tree planting. / 915, 935, 955
915.1, 935.1, 955.1 (a,c,d)
915.3, 935.3, 955.3 (a)
915, 935, 955
916.4, 936.4, 956.4 (c,d)
915.3, 935.5, 955.3 (a)
916.3, 936.3, 956.3 (all)
915.3, 935.5, 955.3 (a)
915.1, 935.1, 955.1 (b)
914.2, 934.2, 954.2 (e)
915.2, 935.2, 955.2 (b)
915.3, 935.5, 955.3 (a)
916.3, 936.3, 956.3 (c,d)
916.4, 936.4, 956.4 (c,d)
915.3, 935.3, 955.3 (a) / 5-1, 5-5, 5-7, 7-6
1-18, 1-19, 5-3, 7-6
1-19, 7-6
1-5, 1-13, 5-6, 7-7
1-19, 7-6
1-5, 1-13, 5-7, 7-7
7-6
G. FIRE MANAGEMENT