Section 11.95.230. 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.  

Authorities

41.17.010;41.17.055;41.17.080;41.17.090;41.17.098

Notes

Reference

11 AAC 95.235
11 AAC 95.375

Authority

AS 41.17.010 AS 41.17.055 AS 41.17.080 AS 41.17.090 AS 41.17.098

History

Eff. 6/10/93, Register 126