Alaska Administrative Code
Title 11 - Natural Resources
Part 1 - Office of the Commissioner
Chapter 05 - Fees for Department Services
11 AAC 05.130 - Material sales

Universal Citation: 11 AK Admin Code 11 AAC 05.130

Current through November 28, 2024

(a) Fees established under this section are for authorizations and services regarding disposals of material under AS 38. The director of the division of mining, land and water may, by written order, reduce or revise one or more of the fees established in (d)(1) of this section by waiving a portion of the fee. Under this section, an order waiving a portion of a fee

(1) must apply to all applicants or petitioners for that authorization, petition, or service;

(2) may not exceed 20 percent of the amount established in (d)(1) of this section for an authorization, petition, or service;

(3) must be published on the division's public internet webpage and the Alaska Online Public Notice System 30 days before the effective date of the waiver;

(4) may not waive or reduce any additional fees imposed under ( c) of this section; and

(5) is not subject to appeal under AS 44.37.011 or 11 AAC 02.

(b) The director shall consider in waiving a portion of a fee under (a) of this section

(1) the estimated actual costs of the authorization, petition, or service to the department;

(2) the economic needs of the department; and

(3) the public interest.

(c) When the department determines that an authorization, petition, or other service will require additional costs, or staff time in excess of the maximum hours set out in (d)(1) of this section, but that a higher fee under 11 AAC 05.270 is not required, then,

(1) the department may, in addition to the fee established in ( d)(1) of this section,
(A) charge an additional hourly fee under (d)(3) of this section for staff time in excess of the maximum hours set out in (d)(1) of this section to pay for the estimated actual staff cost for provision of the services requested; and

(B) charge fees necessary to pay for additional estimated actual costs, including costs under 11 AAC 05.200 for recordation by the department;

(2) the department will provide the applicant or petitioner written estimates detailing the additional costs for the department to continue processing the application; and

(3) the department may require payment of the appropriate additional fee amount before the department undertakes additional processing.

(d) The fees for authorizations and services regarding disposals of material under AS 38 are as follows:

(1) for an application for surface use authorization or service, for
(A) designation of a material site or source, $2,000 for up to 80 hours of staff time;

(B) amendment or expansion of a designated material site or source, $500 for up to 20 hours of staff time;

(C) a negotiated material sale from a designated material site or source, $100;

(D) a negotiated material sale other than a designated material site or source, such as from state land under a state-issued permit, surface land lease, or easement or right-of-way, for use on a permit, surface land lease, or easement or right-of- way, $250 for up to 10 hours of staff time; notwithstanding (a) of this section, this application fee may be waived in full by the director of the division of mining, land and water if the application for sale of material is required by the circumstances of the application for a permit, surface land lease, easement or right-of-way;

(E) approval, amendment, extension, renewal, or transfer of reclamation plan for a material mining operation under AS 27.19, $250 for up to 10 hours of staff time; notwithstanding (a) of this section, this fee shall be waived in full by the director of the division of mining, land and water if the director determines that an application for sale of material will not significantly add to the cost of reclaiming the material site or source from which the material is sold;

(F) inspection of material mining reclamation to determine compliance with the terms of the reclamation plan before release of bond under AS 27.19, either $500 for up to 20 hours of staff time or the division's actual expenses, in the department's discretion;

(G) a negotiated sale of peat as a source of heat or power from other than a designated material site or source, $2,000 for up to 80 hours of staff time;

(H) for review of a site-specific flood mitigation plan under AS 38.05.872, $375, for up to 15 hours of staff time;

(2) for each cubic yard of material, the fee listed in the department's price schedule established under AS 38.05.550 and 11 AAC 71.090;

(3) for each additional hour in excess of the maximum hours listed in (1) of this subsection, $50.

(e) The fee for the sale of materials to a federal, state, or municipal agency for use in constructing, reconstructing, or maintaining a public project is as follows:

(1) for the first 5,000 cubic yards of materials to be used on the project, no charge; each year of maintenance on an ongoing basis constitutes a separate project;

(2) for each cubic yard of materials beyond 5,000 cubic yards, the base fee listed in the annual base price schedule established under 11 AAC 71.090;

AS 27.19.040

AS 38.05.035

AS 38.05.560

AS 38.04.900

AS 38.05.550

AS 38.05.565

AS 38.05.020

AS 38.05.555

AS 44.37.020

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