Getting Your Plan through The System

After your plan is prepared, we post a Notice of Intent at the public road nearest your plan area. This 2-page Notice must be placed in a readily visible location and provides basic information about your plan, including a map. The Notice is also submitted to the California Department of Forestry and Fire Protection (CDF) along with your THP or NTMP. CDF is the regulatory agency that enforces the California Forest Practice Rules. CDF distributes the Notice of Intent to your neighbors within 300 feet of your plan boundaries. The Notice of Intent is also sent to the local CDF Ranger Unit and the County Clerk and made available for public review.

CDF reviews all plans to ensure they are complete and in proper order. Plans that are accepted for filing receive a plan number. Plans not accepted are returned to the RPF, who will make the needed changes before re-submitting the plan.

After the plan is accepted for filing, a First Review is held. This is an office review and is open to representatives from CDF, the California Department of Fish and Game, the Regional Water Quality Control Board, the California Department of Mines and Geology, the California Department of Parks and Recreation, a state archaeologist, the county planning agency, and anyone else who has made a written request.

Agency personnel develop a list of questions and concerns, some for the RPF and some for agency personnel to answer. The RPF receives a list of all of the First Review questions and answers those questions designated for the RPF.

Following the First Review, a Notice of Filing is sent to the RPF, the plan submitter, public agencies with custodial responsibility for lands within 300 feet, the local CDF Ranger Unit and the County Clerk for posting in a public place.

From the time CDF receives your THP or NTMP, a total of 10 calendar days are allowed for filing, First Review, and a determination of whether or not a PHI (see below) in necessary. The public comment period opens during this 10-calendar-day period.

In most cases, a Pre-Harvest Inspection (PHI) is deemed necessary. CDF officially has 10 calendar days in which to schedule and conduct a PHI. In reality, for plans going through the review process in the spring, summer and early fall, this period is usually extended in order to accommodate the schedule of CDF and other agency inspectors. This can result in delays of weeks in especially busy times. Talbert & Nunamaker Forestry makes a point of being available for PHIs at the earliest convenience of the regulators.

PHIs are generally one or two days in the field but can be longer. The RPF meets regulators from any agency listed above that wishes to attend the inspection. The RPF and regulators discuss the specifics of the plan and together work out solutions to any problems or perceived problems. Typically the RPF has prepared written responses to the questions and concerns of the First Review and makes those responses available at the PHI.

Following the PHI, regulators write up PHI reports that include their observations and recommendations. Sometimes a THP or NTMP will have several PHI reports from regulators from the various agencies. A copy of these reports and recommendations are sent to the RPF. The RPF may agree to these recommendations or propose changes to them.

Following the PHI, the regulators have 15 calendar days to draft their PHI reports and conduct a Second Review of the plan. Second Review is a second office review by agency personnel of the plan. The regulators look over the THP or NTMP originally submitted, the PHI reports, the responses of agency personnel to First Review agency questions, the responses of the RPF to the First Review questions, and public comment received to date. The RPF may choose to attend the Second Review to be able to respond immediately to proposed mitigations.

The result of Second Review is a list of mitigations, or changes, to the plan. These are typed up and sent to the RPF. If in agreement with all the mitigations, the RPF signs each page and simply returns the signed mitigation pages to CDF. If not in agreement, the RPF proposes changes to the mitigations. Any such changes typically further delay the plan approval process and will be done only to protect the flexibility and feasibility of your plan.

The public comment period begins when the plan is accepted for filing. Following second review, public comment is accepted for five additional days. This may extend the total time from the end of the PHI to the close of public comment to more than 15 days.

Any member of the public may submit comments on your plan. At the end of the public comment period, CDF prepares official responses to written comments received. The comments and responses become part of the official file for your plan.

For a THP, following the close of public comment, the Director of CDF has 10 working days to determine whether or not the plan is in conformance with the Forest Practice Rules. For an NTMP, the Director has a total of 45 days from the completion of the PHI to make this determination. If found in conformance, the plan is approved, and a Notice of Conformance is sent to the same persons who received a Notice of Filing and the reviewing agencies.

Timber operations may begin immediately on a THP or, for an NTMP, after a Notice of Operations has been filed. Minor and major amendments may be added to the plan; major amendments require re-opening the public comment period. CDF may conduct inspections during active timber operations.

After timber operations are complete, you as the landowner or plan submitter are responsible for post-harvest activities and maintenance. Highlights of Timber and Timberland Owner responsibilities include:

• Within one month after completion of operations, a Work Completion Report must be filed with CDF.
• Restocking requirements must be met within 5 years after harvest. When restocking is met, a Report of Stocking form must be submitted to CDF.
• Maintain erosion control devices for 1-3 years after approval of a Work Completion Report.
• Report any change in ownership to CDF. Inform new owners of stocking requirements.
  Highlights of Timber and Timberland Owner responsibilities include:
• Notify CDF within 5 days of a substitution of another RPF or change in RPF responsibilities.
• Provide a copy of the approved THP (or NTMP) and amendments to the LTO (logger).
• Notify CDF before site preparation activities begin.
  These responibilities are detailed in our information sheets, "Plan Submitter Responsibility" and "Timber and Timberland Owner Responsibility".