11 AAC 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, on an unstable slope, or in a slide-prone area. If it is not feasible to avoid such an area, site-specific measures must be planned to address slope instability due to road construction. The 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, on an unstable slope, or in a slide-prone area is necessary, an operator

(1) may not bury 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; or

(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, fill material must not be used if it is unstable, fine textured, or prone to mass wasting, and cuts must be minimized where fine textured soils are known or encountered;

(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, standing waters, and from other surface waters when 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 fall a tree into anadromous fish waters catalogued under AS 41.14.870 without prior written approval of the deputy commissioner;

(2) if a tree is felled into fish-bearing waters not catalogued under AS 41.14.870 , 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; and

(3) if a tree is felled into nonfish-bearing surface waters and standing waters, the operator must 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) On state and other public land, winter roads must be designed and used so as to protect the roadbed from significant rutting, ground disturbance, or thermal erosion. 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, or water-barring the area;

(2) soil cuts or fills in thaw-unstable permafrost terrain must be avoided to the extent feasible; all cuts must be stabilized;

(3) routes are to be selected that are less likely to be used or damaged by off-road vehicle traffic when the soil is not frozen or snow covered.

(h) The division may physically block or otherwise prohibit summer vehicle traffic on winter roads if necessary to prevent significant roadbed degradation or surface water siltation.

(i) 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.

(j) 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.

(k) A person may not operate construction equipment or machinery in

(1) an anadromous fish water catalogued under AS 41.14.870 without written approval of the deputy commissioner, or

(2) any other surface waters, without prior notice to the division.

History: 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

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(e) (1), (e)(2), and (k)(1), 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.

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