11 AAC 95.225 - Review of a detailed plan of operations

(a) A person desiring to receive an operations summary submitted under 11 AAC 95.220(a) (16) for plans submitted during a calendar year must file a written request with the division to be placed on the mailing list for that calendar year. A mailing list expires at the end of the calendar year. A person may inspect a complete detailed plan of operations during regular business hours in the division office where the plan was submitted.

(b) A detailed plan of operation will be distributed in accordance with AS 41.17.090(d). The state forester will distribute a copy of the Detailed Plan of Operations Summary and accompanying map provided by the operator to each person on the mailing list established under (a) of this section.

(c) The state forester will consider agency comments on a detailed plan of operations only if they are timely and directly pertain to the compliance of the operation with applicable standards established by AS 41.17 or this chapter.

(d) The state forester will provide a written review of a detailed plan of operations consistent with the timeliness and purposes of AS 41.17.090(e) and (f). The state forester need not consider any comments received more than 20 days after the date of filing of a detailed plan of operations, or more than five days after notice of an elevation under (e) of this section. The state forester will forward copies of all comments to the forest landowner.

(e) If the state forester determines that an agency recommendation will not be addressed in the state forester's written response to the landowner, the state forester will first notify the commenting agency. If, before the expiration of the review period under this chapter, an agency requests that a disagreement be elevated to a higher level of authority within the agency under AS 41.17.098(f), the state forester will notify the operator that the particular portion of the plan that is the subject of the disagreement may not begin until the 41st day after the plan was filed, or until the state forester renders a decision, whichever occurs first. A request for an elevation must be in writing, and must set out the factual basis for the need to elevate the disagreement. A request for an elevation, and the department's response, must be promptly served on the operator. The operator will be allowed to participate at every step in the elevation process.

Notes

11 AAC 95.225

Eff. 6/10/93, Register 126

Authority:AS 41.17.010

AS 41.17.055

AS 41.17.080

AS 41.17.090

AS 41.17.098

AS 41.17.143