NAC527.360. 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 Nevada Natural Heritage Program 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 Nevada Natural Heritage Program 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 Nevada Natural Heritage Program, 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 Nevada Natural Heritage Program, 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.

     (Added to NAC by St. Forester Firewarden by R056-01, eff. 11-1-2001)