Nev. Admin. Code § 527.360 - Departure from approved project plan: Request to amend permit; fee; amendment by Division on finding of necessity; request for reconsideration by permittee; notification of decision of State Forester; further reconsideration; final decision by Director
1. Except as
otherwise provided in this section or in the event of an emergency, a permittee
may not initiate or continue activities that depart from an approved project
plan unless the Division has granted an amendment to the project
plan.
2. A permittee desiring to
modify any condition of his or her permit must submit to the Division:
(a) A request for amendment;
(b) A written statement that describes the
facts supporting the requested amendment; and
(c) Any relevant information supporting the
granting of the requested amendment.
3. The Division shall notify the permittee
concerning the granting or denial of the requested amendment, in part or in
full, and the reasons therefor, within 30 days after receiving the information
required pursuant to subsection 2. The Division may consult with the Division
of Natural Heritage of the Department concerning any request for an
amendment.
4. The fee for
processing a request for amendment is equivalent to the fee for processing an
application for a permit. The Division, in its sole discretion, may waive a
portion of the fee.
5. The Division
may amend a current permit for just cause at any time upon a written finding of
necessity. Any such amendment of a permit must be consistent with the purposes
of the program authorized by
NRS
527.260 to
527.300, inclusive. The Division
may consult with the Division of Natural Heritage of the Department concerning
the amendment of a permit.
6. The
Division may withdraw or alter the scope of an amendment after reviewing a
response and supporting materials provided by a permittee that have been
submitted to the Division within 15 days after the Division issues a finding of
necessity.
7. Except as otherwise
provided in this section, the determination of the Division regarding an
amendment to a permit is solely within its discretion.
8. A permittee may seek reconsideration from
the State Forester of the determination of the Division regarding the amendment
of a permit pursuant to this section by filing a written request for
reconsideration within 15 days after receiving notification pursuant to this
section.
9. The reconsideration by
the State Forester pursuant to this section must be limited to consideration of
the request of the permittee, the written justification and the supporting
information provided pursuant to subsection 2, the determination of the
Division and the reasons for such a decision, and the comments of the Division
of Natural Heritage of the Department, if any. The reconsideration by the State
Forester of an amendment by the Division of a permit for just cause pursuant to
subsection 5 must be limited to the written finding of the Division, any
response and supporting materials that were provided to the Division by the
permittee within 15 days after the date the finding of necessity was issued and
the comments of the Division of Natural Heritage of the Department, if any. The
State Forester will notify the permittee in writing of his or her decision to
uphold, deny or revise the determination of the Division within 30 days after
the permittee submits a written request for reconsideration.
10. The permittee may seek further
reconsideration from the Director by filing a written request for further
reconsideration within 15 days after the date of the decision of the State
Forester. The reconsideration by the Director must be limited to the material
reviewed by the State Forester. The Director shall notify the permittee in
writing of his or her decision to uphold, deny or revise the determination of
the State Forester within 30 days after the permittee submits a written request
for further reconsideration.
11.
The decision of the Director is final and not subject to judicial
review.
12. As used in this
section, "emergency" means an unforeseen situation that arises during the
actual execution of a specific activity for a project in which compliance with
a provision of an approved project plan may result in bodily injury or in
environmental damage not anticipated in the plan. The term does not include an
activity involving potential bodily injury or environmental damage that is
reasonably foreseeable before the initiation of the specific
activity.
Notes
NRS 527.050, 527.270
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