ACMP ReviewACMP Review
Project Review Training SessionApril 24-26, 2007
Anchorage
ACMP Mission ACMP Mission StatementStatement
The Alaska Coastal Management Program
provides stewardship for Alaska’s rich and
diverse coastal resources to ensure a
healthy and vibrant Alaskan coast that
efficiently sustains long-term economic and
environmental productivity.
Project Consistency Project Consistency Reviews Implement the Reviews Implement the ACMPACMP
• The ACMP uses the project consistency review process to manage on-the-ground use and development of coastal resources.
• The review process results in a determination about whether a project is consistent with the ACMP and whether modifications to the project are necessary.
• A concurrence is necessary for state and federal agencies to issue permits.
ACMP ResourcesACMP Resources• Statutes and Regulations: AS 46.40; 11 AAC 110
(Project Review), 112 (Statewide Standards) and 114 (District Plan Regulations)
• Classification of State Agency Approvals, known as the ABC List
• Coastal District Plans – containing enforceable policies
• Coastal Zone Boundaries of Alaska
• Coastal Project Questionnaire
• ACMP Website: www.alaskacoast.state.ak.us
Roles & Roles & AuthoritiesAuthorities
for the ACMP Consistency Review Process
• Coordinates consistency reviews
• Maintains and updates the coastal project questionnaire (CPQ)
• Acts as a facilitator to resolve conflicts for single agency reviews (when requested)
Roles & Authorities
OPMP:OPMP:
11 AAC 110.030
• Nothing in 11 AAC 110 diminishes a state agency’s authority
• A state resource agency: – coordinates a consistency
review for projects that require authorizations only from that agency
– participates in OPMP-coordinated ACMP reviews (Articles 2, 3, and 4)
Roles & Authorities
State State Agencies:Agencies:11 AAC 110.050
State Resource agencies shall issue authorizations in conformity with the district enforceable policies of the approved coastal management plans and the statewide standards
11 AAC 110.050(b)
Roles & Authorities
State State AgenciesAgencies::11 AAC 110.050
Are directed to send CPQ to OPMP if they determine a federal authorization and/or permits from more than their agency are needed. Applicant should also be directed to contact OPMP. 11 AAC 110.205
Resource agencies must wait for the coordinating agency to issue the final determination before issuing a permit
11 AAC 110.050 (d)
Roles & Authorities
State State AgenciesAgencies::11 AAC 110.050
Roles & Authorities
State State AgenciesAgencies::11 AAC 110.050
Resource agency permits must be issued within five days of receipt of the final determination unless additional time is necessary to fulfill a statute or regulation11 AAC 110.010(f)
Resource agencies may deny an authorization under their own authorities even if a project is found consistent with the ACMP.11 AAC 110.050(i)
A coastal resource district:
• may participate in the consistency review process,
• is considered an affected coastal district under certain circumstances, and
• has expertise in the interpretation of its program.
Roles & Authorities
Coastal Coastal Districts:Districts:11 AAC 110.060
• A district may participate in a consistency review as an affected coastal district if:– The project is located in
the coastal district, or
– The project is located outside of the district, but it has a direct and significant impact on a coastal resource or use within the coastal zone and within the coastal resource district boundaries
Roles & Authorities
Coastal Coastal Districts: Districts:
Affected District Affected District StatusStatus
“direct and significant impact" means an effect of a use, or an activity associated with the use, that will proximately contribute to a material change or alteration of the coastal waters, and in which
(A) the use, or activity associated with the use, would have a net adverse effect on the quality of the resources;
(B) the use, or activity associated with the use, would limit the range of alternative uses of the resources; or
(C) the use would, of itself, constitute a tolerable change or alteration of the resources but which, cumulatively, would have an adverse effect”
Direct and Significant Direct and Significant ImpactImpact
11 AAC 114.990(13)
If potentially affected, a coastal district may:
participate in pre-application meetings,
participate in determination of scope,
submit written comments, and
If affected, a coastal district may:
request more information, before RFAI deadline,
request an elevation.
Roles & Authorities
Coastal Coastal DistrictDistricts:s:
Applicability Applicability of the ACMP Consistency
Review Process
11 AAC 110.010
Consistency Review Process: Consistency Review Process: Where are we?Where are we?
Packet
Complete
Pre-ReviewAssistance
ResolveIssues
Day 24/44Proposed Determination
Day 29/49Deadline to
Elevate
Day 30/50Final
Determination
Determine
Applicability
ApplicantConsidersOptions
Determine
Scope
Day 1Start
Review
Distribute & Consider
CommentsDraft a
ProposedDetermination
Prepare
Public Notice
Day 13/25Request forAdditional
Information
Day 17/30 Deadline for
Comments
If a project activity:– requires only state
resource agency authorization(s) under the C List referred to at 11 AAC 110.750
– is a federal activity or
– requires federal authorizations identified under 11 AAC 110.400
The C List is all-inclusive. If the permit is not on the C List, it doesn’t trigger a consistency review.
Applicability – Basic Question 1
What What triggers triggers a a review? review?
Project Location:• within the coastal zone, or
• outside the coastal zone and is:
– Federal activity with reasonably foreseeable coastal effects (15 CFR 930.33(a)); or
– Project requiring a federal authorization that has reasonably foreseeable coastal effects [15 CFR 930.53(a)(2)]
– If a project located outside the coastal zone only needs state authorizations, an ACMP review is not conducted.
“coastal zone” – The coastal waters and adjacent shorelands within the boundaries established under 11
AAC 114.220. Defined in AS 46.40.210(4)
Applicability – Basic Question 1
What triggers a What triggers a review?review?
Pre-Review Pre-Review AssistanceAssistance
for the ACMP Consistency Review Process
11 AAC 11.210, .305, & .405
Consistency Review Process: Consistency Review Process: Where are we?Where are we?
Packet
Complete
Pre-ReviewAssistance
ResolveIssues
Day 24/44Proposed Determination
Day 29/49Deadline to
Elevate
Day 30/50Final
Determination
Determine
Applicability
ApplicantConsidersOptions
Determine
Scope
Day 1Start
Review
Distribute & Consider
CommentsDraft a
ProposedDetermination
Prepare
Public Notice
Day 13/25Request forAdditional
Information
Day 17/30 Deadline for
Comments
Pre-Review Assistance Pre-Review Assistance 11 AAC 110.210
Applicant Responsibilities• At a minimum, the applicant must provide a
brief project description.
• To the extent feasible, the applicant must provide:
1. A completed CPQ;
2. Map locating the project and associated facilities;
3. Description of man-made or natural features at or near the site.
Pre-Review AssistancePre-Review Assistance
11 AAC 110.210• Coordinating Agency Responsibilities
• If requested by the applicant, the coordinating agency may provide:
• Information about the CPQ & review process• Identification of coastal district• Identification of applicable enforceable policies• Required state and federal authorizations• Estimated time schedule for review• Additional information requirements
Pre-Review Assistance
When & When & Why Why MeetingMeetings s NeededNeeded
Pre-Review Assistance meetings are optional but they provide an invaluable service.
• Facilitate transfer of information between agencies and the applicant
• Ensure all parties receive the same information
• Streamline ACMP and permit review processes
Review Review Packet Packet
& Review & Review InitiationInitiation
for the ACMP Consistency Review Process
WHAT?WHAT?Is Required in aIs Required in a
Complete Review Complete Review PacketPacket
Review Packet
Article Article 22Only State Authorizations 11 AAC 110.215
• CPQ with consistency certification, signed and dated
• Detailed project description
• Maps, diagrams, and other site specific info
• Copies of required state permit applications
• Evaluation of how the project is consistent with the statewide standards and the district enforceable policies.
“consistency certification”:
• A declaration by an applicant that a proposed project is consistent with the enforceable policies of the ACMP
• Required for Article 2 & 4 reviews.
• Defined in 11 AAC 110.99011 AAC 110.990
CPQ
Coastal Project Coastal Project QuestionnaireQuestionnairePrimary differences in new regulations:
• Resource agencies now directed to send CPQ to OPMP if they determine a federal authorization and/or permits from more than their agency are needed. Applicant should also be directed to contact OPMP. 11 AAC 110.205
• Aquatic farms join placer mining operations as using joint applications with no accompanying CPQ.
• Project must be described in sufficient specificity to determine the
– purpose of the activity, and
– potential impact(s) to any coastal use or resource.
Review Packet
Complete Complete Project Project DescriptioDescriptionn
EvaluationEvaluation
• The applicant shall submit…an evaluation of how the proposed project is consistent with the state standards and with any applicable district enforceable policies, sufficient to support the consistency certification. 11 AAC 110.215
Scope of Scope of ReviewReview
for the ACMP Consistency Review Process
Consistency Review Process: Consistency Review Process: Where are we?Where are we?
Packet
Complete
Pre-ReviewAssistance
ResolveIssues
Day 24/44Proposed Determination
Day 29/49Deadline to
Elevate
Day 30/50Final
Determination
Determine
Applicability
ApplicantConsidersOptions
Determine
Scope
Day 1Start
Review
Distribute & Consider
CommentsDraft a
ProposedDetermination
Prepare
Public Notice
Day 13/25Request forAdditional
Information
Day 17/30 Deadline for
Comments
Scope of Review- Determining Scope
Article 2 Article 2 (State (State Authorizations)Authorizations)Project Regulation Who Determines?
Requires only State Authorizations
Article 2: 11 AAC 110.225
Coordinating Agency in Consultation
• At a minimum a project’s scope includes activities that require a resource agency authorization
• The coordinating agency determines the scope of review after consultation with:
– the applicant,
– any resource agency that requires an authorization, and
– any potentially affected coastal district.
(11 AAC 110.020(d))
Scope of Review- Determining Scope
Article 3 Article 3 (Federal Agency (Federal Agency Activity)Activity)Project Regulation Who Determines?
Is a Federal Activity with/wo State Authorizations
Article 3:
11 AAC 110.310
Federal Agency
The federal agency determines the scope in accordance with 15 CFR 930.30 -- 930.46.
• Federal consistency determination prepared
Provided by a Federal agency if it determines there will not be any coastal effects for an activity.–Once negative
determination with sufficient information is received, DNR shall solicit comments from state resource agencies and affected coastal districts.
–Within 60 days, DNR shall provide a response to the federal agency objecting, concurring or requesting additional time to evaluate the negative determination.
Special Requirements Negative Determination
Scope of Review- Determining Scope
Article 4 (Federal Authorization)
Project Regulation Who Determines?
Requires Federal Authorizations with/wo State Authorizations
Article 4:
11 AAC 110.415
Applicant and DNR
The scope of review is determined under authority of 15 CFR 930.70 -- 930.85.
• Applicant provides all necessary data and information (15 CFR 930.58)
15 CFR 930.58 requires applicant to provide:
• A detailed description of project and associated facilities
• Information required by the ACMP (e.g., complete application packet)
• Evaluation of the coastal effects
• Comprehensive data to support the applicant’s consistency certification
““Necessary Data Necessary Data and Information”and Information”
Scope of Review
ExceptionsExceptions
Scope of review may be limited when:
– A project is phased (AS 46.40.094)
• Scope includes only activities of that phase
– When an activity is on the A or B list
The ABC ListThe ABC ListAlaska Coastal Management
Program
http://www.alaskacoast.state.ak.us/Clawhome/ABClist/ABClisthome.htm
Scope of Review –
ABC List: ABC List: What What does does it do?it do?
• The A and B lists provide streamlined ACMP consistency reviews for routine projects.
• The A and B lists streamline the state permitting process.
• The C list identifies state resource agency authorizations that are subject to or trigger an ACMP review.
• http://www.alaskacoast.state.ak.us/Clawhome/ABClist/ABClisthome.htm
Scope of Review –
ABC List:ABC List: What’s in What’s in it?it?
A List – Permits authorizing activities that are “categorically consistent” with the ACMP
B I – List of activities that are “generally consistent” with the ACMP with alternative measures
B II – List of General and Nationwide Permits
C List – Permits that are subject to and/or trigger a consistency review & length of review
ABC List:
The A ListThe A List– “To be eligible for a categorically consistent
determination under this section, an activity that requires a resource agency authorization may have only a de minimis impact on coastal uses and resources.” 11 AAC 110.710(b)
Example A List: Fish Habitat Permit for water withdrawals from anadromous fish waters (less than 5,000 gallons in a single day or less than 1,000 gallons per day or more than one day, except from known fish overwintering areas).
ABC List:
The B I ListThe B I List– “To be eligible for a general consistency
determination under this section, an activity that requires a resource agency authorization must be an activity that can be made consistent with the ACMP through application of standard alternative measures.” 11 AAC 110.730(b)
Example B List: GCD 8, Temporary use of water, Permanent use of water (100,000 gallons/day or less)
ABC List:
B II: General PermitsB II: General Permits General Permit – Federal or state resource
agency permit for a group of similar facilities or activities that are consistent with the ACMP.– Defined by agency’s statutes and/or regulations.– Must undergo a consistency review before
implementation. 11 AAC 110.770
Example B List: GP-9340-BA001 Disposal of Mining Camp Wastes.
ABC List:
B II: Nationwide B II: Nationwide PermitsPermits Nationwide permit (NWP) – U.S. Army
Corps of Engineers permit found generally consistent with the ACMP with alternative measures Subject to an ACMP consistency review under 11
AAC 110.300 -- 11 AAC 110.355 (11 AAC 110.770).
NWP’s for specific activities authorized by: Section 404, Clean Water Act; Section 10, Rivers and Harbors Act; and Section103, Marine Protection, Research and Sanctuaries Act (33 CFR 330).
ABC List:
The C ListThe C List 11 AAC 110.750
• Contains all of the state resource agency authorizations that may have a reasonably foreseeable direct or indirect effect on a coastal use or resource
• C List permits trigger a consistency review process.
Example C List: Title 41 Fish Habitat Permit
Scope of Review –
How to How to use the use the ABC ListABC List
• No review is necessary if all activities are listed on the A or B List.
• Scope shall exclude activities covered under a general or nationwide permit.
• Parts of a project that are categorically or generally consistent (A & B list of state authorizations) may be excluded if resource agencies and affected district agree that the A or B List activity has a de minimis impact.
WHENWHENwill the review start?will the review start?
Consistency Review Process: Where are we?
Packet
Complete
Pre-ReviewAssistance
ResolveIssues
Day 24/44Proposed Determination
Day 29/49Deadline to
Elevate
Day 30/50Final
Determination
Determine
Applicability
ApplicantConsidersOptions
Determine
Scope
Day 1Start
Review
Distribute & Consider
CommentsDraft a
ProposedDetermination
Prepare
Public Notice
Day 13/25Request forAdditional
Information
Day 17/30 Deadline for
Comments
Review Initiation
Articles 2, 4 Articles 2, 4 CompletenesCompleteness Deadlines Deadline
Within 21 days of coordinating agency’s receipt of packet, applicant must be notified of either:
1) Incomplete packet status, or
2)Review start date
11 AAC 110.220 & 11 AAC 110.410
Review Initiation
Articles 3Articles 3 CompleteneCompleteness Deadliness Deadline
Immediately upon receipt, OPMP must determine packet completeness. Federal agency must be notified of either:
1) Incomplete packet status within 14 days or
2) Review start date
11 AAC 110.310
Review Initiation
Article 2
11 AAC 110.235
Day 1 is the date of the coordinating agency’s public notice.
On or before Day Three, Coordinating Agency MUST:
– Provide notice of review initiation and schedule to applicant,
– Provide copy of review packet and schedule to review participants,
– Provide copy of review packet and schedule to all persons who request it, and
– Make a copy of the review packet (including the public notice) available for public inspection and copying at a public place in an area that the project may affect.
HOWHOWlong will the review long will the review
taketake?
Review Length
50 Day 50 Day ReviewsReviews Required when:
–A project is a federal activity or needs a federal permit(s).
–A project requires permits identified on “C” list as needing a 50-day review.
Review Length
30 Day 30 Day ReviewsReviews Required when:
– The C List identifies all state permits that are subject to a 30 day review.
Review Length
90 Day 90 Day Time Time LimitatioLimitationn
Consistency review must be completed within 90 days except under the following cases:• During a request for
additional information when the applicant has not responded within 14 days until the time when the coordinating agency determines the applicant has provided an adequate written response;
• During a period of time requested by the applicant; or
• During an elevation.
Public NoticePublic Notice for the ACMP
Consistency Review Process
11 AAC 110.500
Public Notice Public Notice RequirementsRequirements 11 AAC 110.50011 AAC 110.500 A Public Notice Must:
1. Sufficiently inform the public of the nature of the proposed project and explain how they can comment,
2. Explain comments should address the project’s consistency with the enforceable policies of the ACMP,
3. Specify deadline for receipt of comments,
4. Identify locations where notice can be viewed and copied,
(A) publication in newspaper,
(B) posting
(i) Internet web site (http://www.dnr.state.ak.us/pic/pubnotfrm.htm); and
(ii) three public places; and
5. Send a copy to each person who has requested public notice of the proposed project or any proposed project affecting a specific coastal resource district.
Definition of Public Definition of Public Place (unchanged) –Place (unchanged) –
According to AG guidance, public place means any public location that has free and easy access, to include grocery stores, public harbors, and other public gathering areas.
Request for Request for Additional Additional
Information Information (RFAI)(RFAI)
for the ACMP Consistency Review Process
Consistency Review Process: Consistency Review Process: Where are we?Where are we?
Packet
Complete
Pre-ReviewAssistance
ResolveIssues
Day 24/44Proposed Determination
Day 29/49Deadline to
Elevate
Day 30/50Final
Determination
Determine
Applicability
ApplicantConsidersOptions
Determine
Scope
Day 1Start
Review
Distribute & Consider
CommentsDraft a
ProposedDetermination
Prepare
Public Notice
Day 13/25Request forAdditional
Information
Day 17/30 Deadline for
Comments
Article 2 RFAI process
What’s the ProcessWhat’s the Process 11 AAC 11 AAC
110.240110.240
CA sends RFAI to applicant
7 days for requestor to determine adequacy
Yes
No
Info Request by Day 13/25
Applicant provide info to requestor & CA (CA may terminate the review if applicant does not respond within 30 days
Coordinating Agency (CA) may stop the clock for 3 days to evaluate and determine necessity of information if it’s outside requestor’s expertise
Resume Review
Explain inadequacies based on original request & Identify information needed
RFAI process
What’s the Process
Explain inadequacies based on original requestRequestor must identify additional information* needed to resolve inadequacy of original information request.
*additional information may only be requested
to fulfill the original request, or
for new issues raised by the response
Review additional information and determine whether
• Additional information is adequate, or
• some or all of the information is inadequate and request the applicant to provide the additional information that is needed to satisfy the original request.
RFAI process
What’s the Process
Comments & Comments & Comment Comment DeadlinesDeadlines
for the ACMP Consistency Review Process
Consistency Review Process: Consistency Review Process: Where are we?Where are we?
Packet
Complete
Pre-ReviewAssistance
ResolveIssues
Day 24/44Proposed Determination
Day 29/49Deadline to
Elevate
Day 30/50Final
Determination
Determine
Applicability
ApplicantConsidersOptions
Determine
Scope
Day 1Start
Review
Distribute & Consider
CommentsDraft a
ProposedDetermination
Prepare
Public Notice
Day 13/25Request forAdditional
Information
Day 17/30 Deadline for
Comments
Comments
CommenComment t DeadlineDeadliness
All comments are due by:
–Day 17 in a 30-day review
–Day 30 in a 50-day review
11 AAC 110.245
Review participant comments must be in writing. 11 AAC 110.250, .330, .435
Review Participant:
a resource agency, a state agency that has requested participation, and an affected coastal resource district
11 AAC 110.990(a)(41)
Comments
Review Review ParticipantParticipantss
The reviewer must state concurrence and explain basis for concurrence
11 AAC 110.250, 11 AAC 110.330, 11 AAC 110.435
Comments
Review Review ParticipanParticipantsts
State objection– Identify specific
enforceable policies and applicable statewide standards and reasons for inconsistency
– Explain how the proposed project is inconsistent
– Identify and explain alternative measures that would achieve consistency
Comments
Review Review ParticipantParticipantssCommentsComments
“a modification to a project that, if adopted by the applicant, would achieve consistency with the enforceable policies of the program”
11 AAC 110.990(a)(3)
Alternative MeasureAlternative Measure
• must be addressed directly to the coordinating agency
• must identify the enforceable policies with which the project is inconsistent and explain how the project is inconsistent
• must be in writing unless presented orally at a public hearing held by the coordinating agency
Comments
Review Review ParticipantParticipantss11 AAC 110.510
The coordinating agency shall provide copies of comments to the applicant, each resource agency, any potentially affected coastal resource district, and other persons interested in the project.
Comments
DistributioDistribution of n of CommentsComments11 AAC 110.250(c), 330(c), 435(c), 510(d)
Proposed and Proposed and Final Final
Consistency Consistency DeterminationsDeterminations
for the ACMP Consistency Review Process
11 AAC 110.255, 260, 335, 345; 440, 445
Consistency Review Process: Consistency Review Process: Where are we?Where are we?
Packet
Complete
Pre-ReviewAssistance
ResolveIssues
Day 24/44Proposed Determination
Day 29/49Deadline to
Elevate
Day 30/50Final
Determination
Determine
Applicability
ApplicantConsidersOptions
Determine
Scope
Day 1Start
Review
Distribute & Consider
CommentsDraft a
ProposedDetermination
Prepare
Public Notice
Day 13/25Request forAdditional
Information
Day 17/30 Deadline for
Comments
Proposed & Final Consistency Determinations
Crafting a Crafting a DeterminatiDeterminationon
ConsiderComments
• The coordinating agency shall give due deference to a commenting resource agency or coastal resource district with an approved plan within their expertise or area of responsibility 11 AAC 110.255(a)
• Applicable for Article 2, 3 and 4 Reviews
Due DeferenceDue Deference– The deference that is appropriate in
the context of the commentor’s expertise or area of responsibility, and
– All the evidence available to support any factual assertions. 11 AAC 110.990(a)(25)
•Coordinating agency works with applicant and review participants to build consensus and resolve conflict
•Due deference is afforded to affected coastal districts and resource agencies in their expertise and area of responsibility
ResolveIssues
ConsiderComments
Proposed & Final Consistency Determinations
Crafting a Crafting a DeterminatiDeterminationon
Draft aProposedDetermination
ResolveIssues
ConsiderComments
•Identify State position on consistency of project (concur, object, or object with alternative measures)
•List appropriate alternative measures and rationale
•If concurring, include consistency evaluation.
•Respond to review participant if rejecting or modifying their proposed alternative measure
Proposed & Final Consistency Determinations
Crafting a Crafting a DeterminatiDeterminationon
Content of proposed determination:• State’s position: Concur/Object
with applicants consistency certification
• Description/scope of proposed project that includes alternative measures that if adopted by the applicant would make the project consistent
• If concurrence is proposed, explanation of how the proposed project is consistent with the enforceable policies of the program
• Elevation opportunity
• Must be emailed or faxed
Day 24/44Issue ProposedDetermination
Draft aProposedDeterminationResolve
Issues
ConsiderComments
Proposed & Final Consistency Determinations
Crafting a Crafting a DeterminatiDeterminationon
• Applicant Adopts alternative measures into project description
• Applicant, coastal district, or resource agency elevate proposed determination
• Applicant otherwise modifies project to achieve consistency
• Applicant abandons project
Day 24/44Issue ProposedDetermination
Draft aProposedDeterminationResolve
Issues
ConsiderComments
Applicantconsidersoptions
Proposed & Final Consistency Determinations
Crafting a Crafting a DeterminatiDeterminationon
Content of final determination:• State’s position Concur/Object
• Description/scope of proposed project that incorporates alternative measures adopted by the applicant
• Explanation of how the proposed project is consistent with the applicable statewide standards and enforceable policies
• Terminate review – if not elevated
Work with Applicant &Review Participants
Day 24/44Issue ProposedDetermination
Draft aProposedDeterminationResolve
Issues
ConsiderCommentsProposed & Final
Consistency Determinations
Crafting a Crafting a DeterminatiDeterminationon
Day 30/50Issue Final ConsistencyDetermination
Consistency Review Process: Consistency Review Process: Where are we?Where are we?
Packet
Complete
Pre-ReviewAssistance
ResolveIssues
Day 24/44Proposed Determination
Day 29/49Deadline to
Elevate
Day 30/50Final
Determination
Determine
Applicability
ApplicantConsidersOptions
Determine
Scope
Day 1Start
Review
Distribute & Consider
CommentsDraft a
ProposedDetermination
Prepare
Public Notice
Day 13/25Request forAdditional
Information
Day 17/30 Deadline for
Comments
Elevation ProcessElevation Process11 AAC 110.600
Who can elevate a Who can elevate a decision?decision?
• A resource agency
• The applicant
• An affected coastal resource district
11 AAC 11 AAC 110.600(a)110.600(a)
Subject of an Subject of an elevation is limited elevation is limited to:to:• The proposed consistency determination
regarding whether the project is consistent with the enforceable policies of the program;
• Any alternative measure or other project modification that would achieve consistency with the enforceable policies of the program.
11 AAC 110.600(b)11 AAC 110.600(b)
Format of the Format of the RequestRequest
• Must be in writing
• Must be received by the coordinating agency within 5 days of receiving the PCD; and
• Must explain the requestor’s concern
11 AAC 110.600(c)11 AAC 110.600(c)
Coordinator’s Coordinator’s responsibility:responsibility:
• Distribute the request for elevation to review participants, the applicant, and those who submitted comments;
• Suspend the review schedule by no more than 45 days; and
11 AAC 110.600(d)
Review Schedule Review Schedule ModificationsModifications
for the ACMP Consistency Review Process
11 AAC 110.275
Review Schedule Modification
Reasons Reasons for for Modifying Modifying ScheduleSchedule
• Coordinate state agency review process (110.270 (a)(1))
• Evaluate the RFAI (110.270 (a)(2))
• RFAI (110.275 (a)(3))
• Public Hearing or Meeting (110.270 (a)(4))
• Adjudication under AS 29 if district comments are pending the outcome of the adjudication (110.270 (a)(5))
• Applicant Request (110.270 (a)(6))
• Address Question of Law (110.270 (a)(7))
• Consider Public Comments (110.270 (a)(8))
• For project within a CRSA (110.270 (a)(9))
• Field review (110.270 (a)(10))
• Revised proposed consistency, allowance for submission of a request for elevation (110.270 (a)(11))
• Request for Elevation (110.270 (a)(12))
Review Schedule Modification
Reasons Reasons for for Modifying Modifying ScheduleSchedule
Project Project ModificationsModifications
For The Alaska Coastal Management Program
11 AAC 110.800, 820, 830
Project Modifications
ModificatioModifications During ns During ReviewReview
A coordinating agency may terminate a review and start over if modifications substantially change a project or new authorizations are required.
-11 AAC 110.800
Project Modifications
After a ReviewAfter a ReviewApplicant preparesCPQ with detailed
description
Applicant preparesCPQ with detailed
description
Applicant submits CPQ to agencythat originally coordinated
the initial consistency review
Applicant submits CPQ to agencythat originally coordinated
the initial consistency review
Original coordinatingagency distributes CPQ
to review participants
Original coordinatingagency distributes CPQ
to review participants
Within 7 days, determine if modification:1. Requires new or changed resource agency authorization, and2. May cause additional impacts
Within 7 days, determine if modification:1. Requires new or changed resource agency authorization, and2. May cause additional impacts
Review Participants Respond on Both Points
Review Participants Respond on Both Points
Agency begins review of Modification Only.
Agency begins review of Modification Only.
If either point is “NO” no review occurs
If either point is “NO” no review occurs
Yes to
both
No
After a After a ReviewReview
• Change in ownership
• Change in contractor or subcontractor
• Decrease in impact of the project with no change in purpose
• Modifications of authorizations are within the scope of the original project reviewed
• Modifications of authorizations are allowed under original authorization conditions
• Modifications of authorizations that are meant to clarify requirements of previously issued authorization
Project Modifications
No further review 11 AAC 110.820(k)
Review Review Termination Termination 11 AAC 110.810
A coordinating agency may terminate a review if the applicant:
– Fails, within 30 days,to respond to the request for additional information; or
– Submits a written request to withdraw the project from review.
Emergency Expedited Emergency Expedited ReviewsReviews
For the Alaska Coastal Management Program
(11 AAC 110.900)
Emergency Expedited Reviews
Qualifying Qualifying SituationsSituations• Disaster Emergency per AS 26.23 - Disasters
AS 46.04.080 - Catastrophic Oil Spills
• Immediate Preservation of Public Health, Safety or General Welfare
• DEC Determines: Oil spill or Hazardous Substance Release Poses an Imminent Threat to Public Health, Safety, or the Environment
Emergency Emergency Expedited ReviewsExpedited Reviews
DECISION MAKERS•COORDINATING AGENCY
•RESOURCE AGENCIES
•COASTAL DISTRICT
DECISION BASED UPON:
• Clear & Convincing Evidence of the Need to Expedite
DOES NOT INCLUDE:
• Poor Planning
Emergency Emergency Expedited ReviewsExpedited Reviews
Review Includes:• Written Decision to Expedite
• Public Notice - per 46.40.096 (not 11 AAC 110.500)
• Proposed Consistency Determination
• Final Consistency Determination
• Elevation (if necessary - process also expedited as appropriate)
Emergency Emergency Expedited ReviewsExpedited Reviews
AS 26.23 DISASTERSRegulations Can Be Suspended
BY GOVERNOR During a declared disaster
Questions?