1. (a) Except as provided in (b) of this section, before operations may be undertaken in an area subject to a carbon storage exploration license, carbon storage lease, or unit agreement, a licensee, lessee, or unit operator must submit an application for approval of a plan of operations for consideration by the commissioner.
2. (b) The commissioner will not require a plan of operations under AS 38.05.725 for activities undertaken by permit issued under 11 AAC 96.010.
3. (c) The commissioner will not approve a plan of operations unless the plan provides for payment of all damages sustained by the owner of the surface estate and by the surface owner's lessees and permittees by reason of entering the land.

4. (d) An application for approval of a plan of operations must contain sufficient information, based on data reasonably available at the time the plan is submitted for approval, for the commissioner to determine the surface use requirements and impacts directly associated with the proposed operations. An application must include statements, maps, engineering plans, geospatial data, drawings, and other information setting out the following:

   1. (1) the sequence and schedule of the operations to be conducted on or in the leased or licensed area, including the date operations are proposed to begin and their proposed duration;
   2. (2) projected use requirements directly associated with the proposed operations, including the location and design of well sites, material sites, water supplies, solid waste sites, buildings, roads, utilities, airstrips, and all other facilities and equipment necessary to conduct the proposed operations;
   3. (3) plans for removal, restoration, and rehabilitation of the affected leased or licensed area after completion of operations or phases of those operations; and
   4. (4) a description of operating procedures designed to prevent or minimize adverse effects on natural resources and other uses of the leased or licensed area and adjacent areas, including fish and wildlife habitats, historic and archeological sites, and public use areas.
5. (e) When reviewing a proposed plan of operations or an amendment of a plan, the commissioner may require modifications that the commissioner determines are necessary to protect the state's interest. The commissioner will not require a modification that is inconsistent with terms under which the carbon storage exploration license was obtained, is inconsistent with terms of the lease or license, or deprives the lessee or licensee of reasonable use of the leasehold or licensed interest.
6. (f) A lessee, licensee, or unit operator may, with approval of the commissioner, amend an approved plan of operations.
7. (g) Upon completion of operations, a lessee or licensee shall inspect the area of operations and submit a report to the department that indicates the completion date of operations and states any noncompliance of which the lessee or licensee knows, or should reasonably know, with requirements imposed as a condition of approval of the plan.

(Eff. 2/16/2025, Register 253)

Authority: AS 38.05.130, AS 38.05.700, AS 38.05.725, AS 38.05.740