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January 2006
California Oak Report
Sierra Sentinel
Good news: The Amador County Board of Supervisors(BOS) has placed a moratorium on development until completion of the current general plan. Bad news: Prior to doing so the BOS hastily initiated several large development projects that will significantly impact oak woodlands.
The City of Jackson exemplifies Amador County's lack of oak woodland conservation standards. The proposed Jackson Hills Golf Course & Residential Community, 516 acres and 540 homes, derives its oak woodlands mitigation from a decorative landscape regulation; the design criteria in the Subdivision and Development code contain no environmental protections or habitat mitigation standards for oak woodlands.
To address the current oak woodland planning deficiencies in the Sierra foothills region, COF has prepared an educational guide for Sierra citizens and officials. Copies of Sierra Foothill Oak Woodlands: The Future is Now are available by contacting oakstaff@californiaoaks.org.
Mug Shots
Here's a brief profile of some development projects COF is currently monitoring for oak woodland impacts:
Amador County - The Gold Rush Ranch and Golf Resort, City of Sutter Creek, 936 homes on 945 acres.
Calaveras County - The Spring Valley project, 455 acres and 1,000 homes.
Madera County - The Al Miki Ranch Subdivision, 650 homes on 900 acres.
Tehama County - The Sun City Tehama Specific Plan encompasses 3,474 acres, with 2,386 acres (69%) covered by Blue oak habitat, mostly Blue oak woodlands.
Tuolumne County - The Mountain Springs project, 1,063 acres with 897 units planned and Peaceful Oaks Estates, Standard, more than 300 homes on about 600 acres.
Yuba County - The Spring Valley Specific Plan proposes to remove upwards of 16,000 mature oak trees.
Local Officials Notified of Foresters Law
The Board of Forestry has sent the following letter informing Lake County officials of Professional Foresters Law relevance when characterizing oak woodlands under California Environmental Quality Act (CEQA) processes. The Board letter was prompted by the failure of the City of Clearlake to comply with state law for a housing/golf course development. Two project consultants are facing state disciplinary action.
The Board's letter has three significant ramifications. First, the Board defines oak woodlands (10% canopy cover) for the purposes of Public Resources Code §21083.4, county oak woodlands mitigation. Second, the same standard also defines an "oak stand." Third, the review in a CEQA Initial Study regarding significant oak woodland impacts will shift from local planning officials to Registered Professional Foresters.
BOARD OF FORESTRY AND FIRE PROTECTION
PROFESSIONAL FORESTERS REGISTRATION
P.O. Box 944246
SACRAMENTO, CA 94244-2460
January 9, 2006
Mr. Anthony Farrington, Chair
County of Lake Board of Supervisors
255 North Forbes Street
Lakeport, California 95453
Dear Mr. Farrington,
This letter is in response to the growing misconception regarding the application of the Professional Foresters Law (PFL), within the context of the California Environmental Quality Act (CEQA). As you may be aware, the PFL became effective on January 1, 1973, one year prior to the effective date of the Z'berg-Nejedly Forest Practice Act. With the passage of the PFL, the Legislature declared the existence of a public interest in the management and treatment of California's forest resources, and regulates all persons who practice the profession of forestry. The intent of the Law is to provide the consuming public with a source of forest management experts--knowledgeable, trained, experienced and skilled in the scientific fields relating to forestry.
Though the PFL is often characterized as applicable only to activities related to the Forest Practice Act, i.e. preparation of Timber Harvest Plans (THP's, NTMP's, etc.) the PFL is in fact far broader in scope and no less applicable to oak woodlands or any other forest type. Public Resources Code (PRC) §750, et seq. states that only a Registered Professional Forester (RPF) may practice forestry on non-federal, forested landscapes.
Forestry is defined as,
…the science and practice of managing forested landscapes and the treatment of the forest cover in general, and includes, among other things, the application of scientific knowledge and forestry principles in the fields of fuels management and forest protection, timber growing and utilization, forest inventories, forest economics, forest valuation and finance, and the evaluation and mitigation of impacts from forestry activities on watershed and scenic values… (PRC §753)
Forested Landscapes are defined as,
…those tree dominated landscapes and their associated vegetation types on which there is growing a significant stand of tree species, or which are naturally capable of growing a significant stand of native trees in perpetuity, and is not otherwise devoted to non-forestry commercial, urban, or farming uses. (PRC §754)
The Board of Forestry and Fire Protection has generally interpreted the term significant stand of tree species to mean those stands with a canopy cover of 10% or greater.
While it has been argued that the preparation of tree inventories and forest cover characterizations in support of CEQA compliant documents does not constitute the practice of forestry, this perspective does not satisfy the Law. Regardless of context, be it a Timber Harvest Plan for a stand of ponderosa pine or an Environmental Impact Report (EIR) for development conversion of blue oak woodland, if the project occurs on a forested landscape an RPF must be involved. Certified arborists, vegetation ecologists, botanists, biologists or individuals from any other discipline may not serve as surrogates for a Registered Professional Forester.
The Board of Forestry and Fire Protection respectfully requests the assistance of your Board to ensure that CEQA projects under county control comply with the Professional Foresters Law. To that end, this office will provide whatever assistance it may to your Board and county departments. Further information on the Registration of Professional Foresters may be found at www.bof.fire.ca.gov/licensing/licensing_main.asp.
Thank you for your time and consideration in the review of this correspondence. Questions or concerns may be directed to me at (916) 653-8031.
Sincerely,
Eric K. Huff, RPF No. 2544
Executive Officer, Foresters Licensing
Merchandise
The Oak Woodland Bird Conservation Plan by Dr. Steve Zack, published by COF. California oak woodlands rank among the top three habitat types in North America for bird richness. This book is a guide for conservation policy and action on behalf of oak woodland habitats and wildlife. 126 pages. Paperback, $12.00 (members $10.80) plus sales tax, shipping and handling.
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Fax: 510-208-4435 oakstaff@californiaoaks.org
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