Section 11.95.290. Road construction.

	(a)  When constructing a forest road on a slope, an operator, where feasible, shall avoid locating a road on a slope greater than 67 percent or on an unstable slope. If avoiding that slope is not feasible, site-specific measures must be planned to address slope instability due to road construction. The site-specific measures must be approved by the division and must meet the requirements of (b) of this section.  
	(b)  If constructing a road on a slope greater than 67 percent or on an unstable slope is necessary, an operator  
		(1) may not bury any of the following material except as puncheon across swampy ground or for culvert protection:  
			(A) a log chunk of more than five cubic feet in volume or a loose stump, in the load-bearing portion of a road;  
			(B) any significant amount of organic debris within the load-bearing portion of a road;  
			(C) excessive accumulation of debris or slash in the load-bearing portion of a road fill;  
		(2) shall balance cuts and fills so that as much of the excavated material as is feasible is deposited in the roadway fill section; however, unstable fill material may not be used, and cuts must be minimized where fine textured soils are known or encountered; and  
		(3) may not conduct excavation and blasting activities during saturated soil conditions if mass wasting is likely to result and cause degradation of surface or standing water quality.  
	(c)  To prevent or minimize sedimentation, an operator shall treat unstable soils with effective and appropriate erosion control measures such as grass seeding, erosion control mats, or end-hauling of materials.  
	(d)  An operator shall use end-hauling and full-bench construction techniques if mass wasting from overloading on an unstable slope or erosion of sidecast material is likely to occur and cause degradation of surface or standing water quality.  
	(e)  Notwithstanding the provisions of 11 AAC 95.355, when constructing a forest road, an operator shall, where feasible, fell trees away from fish-bearing surface waters and from standing waters, and shall fell trees away from other surface waters where feasible and if necessary to avoid degradation of water quality. An operator shall comply with the following standards when constructing a forest road:  
		(1) an operator may not fell a tree into anadromous fish waters catalogued under AS 16.05.871 without prior written approval of the Department of Fish and Game;  
		(2) if a tree is felled into fish-bearing waters not catalogued under AS 16.05.871, the operator shall remove the limbs and other small debris within 48 hours, and shall remove the bole as soon as the necessary equipment is at the site;  
		(3) if a tree is felled into nonfish-bearing surface waters and standing waters, the operator shall remove debris at the earliest feasible time when necessary to avoid degradation of water quality.  
	(f)  A winter road must be constructed to avoid degradation of water quality and where feasible the alteration of drainage systems.  
	(g)  If constructing a winter road,  
		(1) the operator shall, where feasible, avoid placing fill material other than snow or ice on non-forested muskegs; if fill material other than snow or ice is required to cross a nonforested muskeg, the operator shall install culverts or other drainage structures as necessary to maintain natural hydrologic flow through muskeg vegetation;  
		(2) the operator shall complete construction across non-forested muskegs when snow conditions, ground frost conditions, or a combination of those conditions will support construction equipment; disturbance to muskeg vegetation must be limited to that necessary to provide a level running surface, and may not alter hydrologic flow or cause erosion and sedimentation;  
		(3) where the road is within 50 feet of a stream, or slopes continuously toward a stream crossing, the operator shall  
			(A) prevent the introduction of sediment or other debris into surface waters; and  
			(B) maintain the integrity of the surface organic mat, unless the state forester  
				(i) determines that avoiding disturbance of the organic mat is not feasible; and  
				(ii) authorizes the disturbance and determines techniques, if necessary, to prevent sedimentation; and  
		(4) the operator shall close a temporary winter road in accordance with 11 AAC 95.320 when use of the road is concluded.  
	(h)  On state and other public land, winter roads must be designed and used so as to protect the roadbed from significant rutting and ground disturbance. The following practices are required where feasible:  
		(1) if the surface organic mat is removed or excessively reduced over thaw-unstable permafrost terrain, that area must be stabilized by recovering that area with insulating material, re-vegetating, water-barring the area, or using other techniques demonstrated to be effective;  
		(2) soil cuts or fills in thaw-unstable permafrost terrain must be avoided to the extent feasible; all cuts must be stabilized;  
		(3) routes must be selected that are less likely to be used or damaged by highway vehicle traffic when the soil is not frozen or snow covered.  
	(i)  The division may physically block or otherwise seasonally prohibit vehicle traffic on winter roads if necessary to prevent significant roadbed degradation or surface water siltation.  
	(j)  Spoil, waste, and overburden that is generated during construction and not sidecasted shall be deposited in a suitable upland site stabilized by effective and appropriate erosion control measures. Disposal must also meet the standards set out in 11 AAC 95.325, 11 AAC 95.815, and 18 AAC 60.  
	(k)  Where feasible, the running surface of a road must use material that will minimize erosion of the road surface and prevent degradation of water quality.  
	(l)  A person may not operate construction equipment or machinery in  
		(1) an anadromous fish water catalogued under AS 16.05.871 without written approval of the Department of Fish and Game; or  
		(2) any other surface waters, without prior notice to the division.  

Authorities

41.17.010;41.17.055;41.17.080;41.17.098;44.62.125

Notes

Reference

11 AAC 95.220
11 AAC 95.355

Authority

AS 41.17.010 AS 41.17.055 AS 41.17.080 AS 41.17.098 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 95.290, 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 (July 2008), and acting under AS 44.62.125(b)(6), the regulations attorney made technical changes to 11 AAC 95.290(e)(1), (e)(2), and (l)(1), 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 6/24/2004, Register 170; am 6/8/2007, Register 182; am 9/25/2013, Register 207

References

11.95.290