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