Current through Register Vol. XLI, No. 43, October 25, 2024
Section 58-35-5 - Notice of Maintenance5.1. The notice of maintenance of access roads required by § 20-5-22(c) to be provided to the Director, the Director of the Division of Forestry, and the state forest superintendent shall include: 5.1.a. The maintenance to be done;5.1.b. The equipment to be used;5.1.c. The name of the entity or individual doing the maintenance;5.1.d. The address and telephone number of the entity or individual to be doing the maintenance;5.1.e. The plan or the instructions given to the persons operating the machinery and supervising the operation of the machinery;5.1.f. The date the maintenance will begin. If that date changes, the Director shall be contacted regarding the date of the rescheduled maintenance; and5.1.g. The number of hours or days the expected maintenance will take place.5.2. The notice may be given: 5.2.a. By fax, sent and received at least five (5) days prior to entry;5.2.b. By hand delivery, received at least five (5) days prior to entry;5.2.c. By email or similar electronic communication, the receipt of which is acknowledged by the Director five (5) days prior to entry into the forest; or5.2.d. By actual telephone communication with the person to receive the notice or their agent authorized to receive these communications (not an answering machine).5.3. The cell phone number of at least one person who will be present during the maintenance must be provided to the Director, but shall not be disseminated to the public;5.4. The Director shall post this notice on the agency's web site and email that notice to every person or entity that has requested such notice and provided an active email address within five (5) days;5.5. The provisions of this section do not apply in the event of an emergency affecting public safety or health or an emergency threatening imminent danger to a forest, but notice shall be provided to the Director as soon as feasible.