Section 11.95.220. Detailed plan of operation.

	(a)  Before beginning an operation on forest land, the operator shall file a detailed plan of operations with the state forester at the area office of the division with jurisdiction over the geographic area in which the operations will occur. A detailed plan of operations must be submitted on a form provided by the division and must include the following information:  
		(1) subject to the requirements of (b) of this section, the name, address, and approving signatures of the forest landowner, timber owner, and operator;  
		(2) a 1:63,360 scale USGS quadrangle map showing the area of operation and suitable for black and white duplication on 8-1/2 by 11-inch paper;  
		(3) four copies of a map at a scale providing the most detail available showing the proposed operation, including unit boundaries;  
		(4) the dates that the operation is expected to begin and end;  
		(5) the following surface water information:  
			(A) the location and, if applicable, the classification according to 11 AAC 95.265, of known surface waters that abut or are within harvest units;  
			(B) the approximate location of proposed stream crossings; a stream crossing must be designed and constructed in accordance with 11 AAC 95.300 and 11 AAC 95.305;  
			(C) the approximate location of stream crossings requiring approval by the Department of Fish and Game under AS 16.05.871;  
			(D) the approximate location of surface waters for which the operator requests the deputy commissioner determine or verify the presence of fish by a field inspection; and  
			(E) within harvest units along Type II-A and II-B water bodies, the location of outer bends subject to erosion;  
		(6) the boundaries of cutting units, harvest techniques, and, where known, the yarding techniques and location of landings;  
		(7) the following roading information:  
			(A) the approximate location of a mainline or spur road and whether the road is intended to be permanent or temporary;  
			(B) any road to be closed in accordance with 11 AAC 95.320 during the period of operation;  
			(C) where known and consistent with 11 AAC 95.285(b), any known road to be located in a riparian area for a reason other than a water crossing; and  
			(D) in Regions II and III, where known, the approximate location of any winter road intended to be used for more than one winter;   
		(8) to the extent known, the approximate location of a material extraction site as provided for in 11 AAC 95.325;  
		(9) the following slope information for areas that are located in cutting units or are traversed by roads:  
			(A) any known unstable area; for the purposes of identifying unstable areas under this subparagraph, the operator shall consider sites with slopes generally in excess of 50 percent gradient, where one or more of the following indicators exist:  
				(i) landslide scars;  
				(ii) jack-strawed trees;  
				(iii) gullied or dissected slopes;  
				(iv) a high density of streams or zero-order basins; in this sub-subparagraph, "zero-order basin" means a source basin for a headwater stream;  
				(v) evidence of soil creep;  
			(B) slope gradient greater than 67 percent; and  
			(C) where known, the site-specific erosion prevention measures developed under 11 AAC 95.290(a);  
		(10) reforestation and site preparation methods;  
		(11) repealed 6/8/2007;  
		(12) the location of log transfer and sort yard facilities;  
		(13) where applicable, measures to be taken for control of insect infestation or disease outbreak;  
		(14) any requests for variation from riparian standards, or as known, any other request for variation from standards under 11 AAC 95.235 or 11 AAC 95.240; requests for variation from riparian standards under 11 AAC 95.235 must include the following information:  
			(A) in Region I,  
				(i) a map at 1:12,000 scale or finer that clearly shows the anadromous fish water body and the approximate location of the requested, numbered trees;  
				(ii) a list of requested trees giving the species, DBH, and distance to ordinary high water mark (OHWM) of each tree;  
				(iii) length of reach along which the variation trees are requested;  
				(iv) the surface water body classification type and average channel width of the reach along which the variation trees are requested;  
				(v) the number of stems 12 inches DBH or greater in the riparian retention area of the reach along which the variation trees are requested; and  
				(vi) the percentage of stems 12 inches DBH or greater within the reach for which any variation is sought that the operator is requesting to harvest, and that were harvested under a prior variation request, if any;  
			(B) in Regions II and III,  
				(i) a map at 1:12,000 scale or finer that clearly shows the anadromous or high value resident fish water body and the approximate location of the requested trees;  
				(ii)  length of reach along which the variation trees are requested;  
				(iii) the surface water body classification type and average channel width of the reach along which the variation trees are requested;  
				(iv) a description of the species and the DBH range of the trees requested for harvesting;  
				(v) the minimum distance from OHWM to the proposed variation harvest; and  
				(vi) the percentage of trees nine inches DBH or greater within the reach for which any variation is sought that the operator is requesting to harvest, and that were harvested under a prior variation request, if any;  
		(15) the sum total of new road construction; and  
		(16) a summary of the detailed plan of operation submitted on a summary form provided by the division.  
The depicted Plan of Operations Summary shall be accompanied by a map 8-1/2" x 11" in size fairly describing the site of operation and the general locale of the operating site.  
	(b)  For the purpose of (b)(1) of this section, a corporation must be identified by a copy of the corporation's certificate of incorporation and articles of incorporation showing the corporation's name, state of incorporation, and identities of the registered agent, president, vice president, secretary, and treasurer. A limited partnership must be identified by a copy of the limited partnership agreement, by evidence of filing of the limited partnership in the real property records as required by AS 32.11.010(a), and by the names and addresses of all general partners. A general partnership or joint venture must be identified by documentation showing the  
		(1) proper name of the partnership or joint venture;  
		(2) date that the partnership or joint venture was formed;  
		(3) mailing address of the partnership or joint venture;  
		(4) physical address of the partnership or joint venture;  
		(5) names and titles of persons authorized to act for the partnership or joint venture; and  
		(6) names and addresses of all partners or all parties to a joint venture.  
	(c)  The period for review of a detailed plan of operations as provided for under AS 41.17.090(b) begins on the day that the area office of the division receives a completed detailed plan of operations. However, the review period will not begin if the state forester determines that the detailed plan of operations does not include the information required in (a) of this section, or the summary provided under (a)(16) of this section is not suitable for black and white duplication. Within five days of receiving the initial detailed plan of operations, the state forester will notify the operator if the detailed plan of operations is incomplete or if the summary is unsuitable for duplication.  
	(d)  For operations conducted in Region I, the detailed plan of operations will be accepted only for those portions of the operation that the operator states will be completed by December 31 of the year for which the plan is submitted. If an operation in the detailed plan of operations is not completed by December 31 of the year for which the plan is submitted, and the operator plans to continue the operation, the detailed plan of operations must be renewed and reflect any change in or addition to the operations.  
	(e)  For operations conducted in Region II or III, the detailed plan of operations must specify the beginning month and year covered by the plan; an approved plan will expire 12 months after the date specified. If an operation in the detailed plan of operations is not completed within that 12-month period and the operator plans to continue the previously reviewed operation, the detailed plan of operations must be renewed.  
	(f)  Renewal of a detailed plan of operations is not subject to the review periods required in AS 41.17.090(e). To renew a detailed plan of operations, the operator shall submit a letter of intent to renew at the area office where the detailed plan of operations was originally submitted.  

Authorities

41.17.010;41.17.055;41.17.060;41.17.080;41.17.087;41.17.090;41.17.900;44.62.125

Notes

Reference

11 AAC 95.225
11 AAC 95.230
11 AAC 95.235
11 AAC 95.375
11 AAC 95.900
11 AAC 97.250

Authority

AS 41.17.010 AS 41.17.055 AS 41.17.060 AS 41.17.080 AS 41.17.087 AS 41.17.090 AS 41.17.900 Editor's note: As of Register 166 (July 2003), and acting under AS 44.62.125 (b)(6), the regulations attorney made technical changes to 11 AAC 95.220(a)(5)(C), to reflect Executive Order 107 (2003). Executive Order 107 transferred functions related to protection of fish habitat in rivers, lakes, and streams from the Department of Fish and Game to the Department of Natural Resources. As of Register 186 (2008), and acting under As 44.62.125(b)(6), the regulations attorney made technical changes to 11 AAC 95.220(a)(5)(C), to reflect Executive Order 114 (2008). Executive Order 114 transferred functions related to protection of fish habitat in rivers, lakes, and streams from the Department of Natural Resources to the Department of Fish and Game.

History

Eff. 6/10/93, Register 126; am 11/20/99, Register 152; am 6/24/2004, Register 170; am 6/8/2007, Register 182; am 9/25/2013, Register 207

References

11.95.220