11 AAC 95.230 - Change in operations
(a) An operator shall notify the state
forester of a change in operations from those described in the finalized
detailed plan of operations that is likely to cause significant adverse impact
to fish habitat or surface water quality. Changes in operations that require
agency review include:
(1) a new or
reconstructed bridge, road segment, or material disposal site that crosses
surface waters, abuts a riparian area; or is on unstable soils;
(2) a new or modified activity in a riparian
area; or
(3) the ten acres or more
increase of a cutting unit.
(b) Upon receipt of a notice of a change in
operations, the division will promptly review the proposed change, either in
the field or in the office, and notify the operator of the time required for
complete review. The division may take up to fifteen days for its
review.
(c) The state forester will
coordinate the review with the other agencies. A review of a change and an
agency decision made under this section will be conducted in accordance with
AS
41.17.098. If the state forester determines
that a change in operations is a substantial change, the operator shall revise
the detailed plan of operations and submit it to the state forester for review
under 11 AAC 95.220 and
11 AAC 95.225.
(d) An operator shall promptly inform the
state forester when a previously unknown anadromous fish water body is
discovered within an area covered by a detailed plan of operations. The state
forester will review the activities to be conducted within the riparian area of
that water body in accordance with (b) of this section; however, discovery of
such a water body will not be considered a substantial change. Operations in
the vicinity of a newly discovered anadromous water body must be consistent
with other regulations of this chapter, including
11 AAC
95.265(e).
(e) In this section, "substantial change"
means a change in operations of sufficient scope so as to require a full 30-day
review; "substantial change" includes the inclusion of a new harvest unit and
the construction of a road accessing a new area; "substantial change" does not
include a change made in response to an agency request, or a change made in
response to field conditions that is intended to accomplish an operation
included in the detailed plan of operations.
Notes
Authority:AS 41.17.010
AS 41.17.055
AS 41.17.080
AS 41.17.090
AS 41.17.098
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