(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.
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.
