11 Alaska Admin. Code § 95.325

Current through August 30, 2024
Section 11 AAC 95.325 - Material extraction and disposal sites
(a) If feasible, an operator must verify that suitable material is present at a proposed extraction site before stripping the entire site of surface soils. A material extraction site must be located in an area
(1) that is outside surface waters, standing waters, and marshes;
(2) that is outside non-forested muskegs, except with prior notice to the division;
(3) with a low risk of siltation to surface water;
(4) where the risk of causing significant harm to fish habitat through soil erosion and mass wasting is minimal;
(5) where there is adequate and appropriate sediment filtering vegetation or equivalent treatment;
(6) that is outside a riparian area unless inside a riparian area is authorized by the division; a material extraction site located in a braided, glacial flood plain may be subject to AS 41.14; and
(7) that will not cause hydrologic changes such as dewatering a stream.
(b) An operator shall locate an area to deposit material extraction site overburden and end hauling material
(1) that is outside surface waters, standing waters, marshes, and non-forested muskegs;
(2) with a low risk of siltation to surface water;
(3) where the risk of causing significant harm to fish habitat through soil erosion and mass wasting is minimal;
(4) where there is adequate and appropriate sediment filtering vegetation or equivalent treatment; and
(5) that is outside a riparian area.
(c) During the construction and use of a material extraction site or a soil disposal site, runoff water must either be diverted onto the forest floor or intercepted and passed through one or more settling basins. When a settling basin is used, it must be maintained to have an adequate reserve volume. Sediment removed from a settling basin during a maintenance operation must be deposited in a location where it is not likely to enter any nearby surface waters.
(d) An operator shall rehabilitate a material extraction site or a soil disposal site after the material source is exhausted or abandoned, or operations at the disposal site are completed. Within the first growing season after abandonment of an extraction site or completion of disposal operations, an operator shall
(1) remove and place in a stable location all material that has potential for entering surface or standing waters, or that would prevent reforestation of an otherwise plantable area; and
(2) where necessary to prevent erosion, stabilize a disposal site and all exposed erodible soils by
(A) revegetation with grass, clover, ground cover, or, if possible, native ground cover;
(B) compacting, rip rapping, water barring, benching, or mulching; or
(C) other means required by the division.
(e) If degradation of water quality occurs due to erosion from an abandoned material extraction or disposal site, the forest landowner, the operator, or the person responsible for creating the condition, must correct the problem.

11 AAC 95.325

Eff. 6/10/93, Register 126; am 6/24/2004, Register 170

Authority:AS 41.17.010

AS 41.17.055

AS 41.17.080