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Consistency Review ProcessConsistency Review Process
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
• 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
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 –
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.
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
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)
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
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)
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 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 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
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