Top Banner
ACMP Review ACMP Review Project Review Training Session April 24-26, 2007 Anchorage
105
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Page 1: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

ACMP ReviewACMP Review

Project Review Training SessionApril 24-26, 2007

Anchorage

Page 2: ACMP Review Project Review Training Session April 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.

Page 3: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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.

Page 4: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 5: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

Roles & Roles & AuthoritiesAuthorities

for the ACMP Consistency Review Process

Page 6: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

• 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

Page 7: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

• 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

Page 8: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 9: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 10: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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)

Page 11: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 12: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

• 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

Page 13: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

“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)

Page 14: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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:

Page 15: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

Applicability Applicability of the ACMP Consistency

Review Process

11 AAC 110.010

Page 16: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 17: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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?

Page 18: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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?

Page 19: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

Pre-Review Pre-Review AssistanceAssistance

for the ACMP Consistency Review Process

11 AAC 11.210, .305, & .405

Page 20: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 21: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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.

Page 22: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 23: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 24: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

Review Review Packet Packet

& Review & Review InitiationInitiation

for the ACMP Consistency Review Process

Page 25: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

WHAT?WHAT?Is Required in aIs Required in a

Complete Review Complete Review PacketPacket

Page 26: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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.

Page 27: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

“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

Page 28: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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.

Page 29: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

• 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

Page 30: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 31: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

Scope of Scope of ReviewReview

for the ACMP Consistency Review Process

Page 32: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 33: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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))

Page 34: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 35: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 36: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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)

Page 37: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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”

Page 38: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 39: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

The ABC ListThe ABC ListAlaska Coastal Management

Program

http://www.alaskacoast.state.ak.us/Clawhome/ABClist/ABClisthome.htm

Page 40: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 41: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 42: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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).

Page 43: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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)

Page 44: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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.

Page 45: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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).

Page 46: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 47: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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.

Page 48: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

WHENWHENwill the review start?will the review start?

Page 49: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 50: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 51: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 52: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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.

Page 53: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

HOWHOWlong will the review long will the review

taketake?

Page 54: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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.

Page 55: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

Review Length

30 Day 30 Day ReviewsReviews Required when:

– The C List identifies all state permits that are subject to a 30 day review.

Page 56: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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.

Page 57: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

Public NoticePublic Notice for the ACMP

Consistency Review Process

11 AAC 110.500

Page 58: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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.

Page 59: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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.

Page 60: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

Request for Request for Additional Additional

Information Information (RFAI)(RFAI)

for the ACMP Consistency Review Process

Page 61: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 62: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 63: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 64: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 65: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

Comments & Comments & Comment Comment DeadlinesDeadlines

for the ACMP Consistency Review Process

Page 66: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 67: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 68: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 69: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 70: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 71: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

“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

Page 72: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

• 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

Page 73: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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)

Page 74: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

Proposed and Proposed and Final Final

Consistency Consistency DeterminationsDeterminations

for the ACMP Consistency Review Process

11 AAC 110.255, 260, 335, 345; 440, 445

Page 75: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 76: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 77: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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)

Page 78: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

•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

Page 79: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 80: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 81: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

• 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

Page 82: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 83: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 84: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

Elevation ProcessElevation Process11 AAC 110.600

Page 85: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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)

Page 86: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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)

Page 87: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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)

Page 88: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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)

Page 89: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

Review Schedule Review Schedule ModificationsModifications

for the ACMP Consistency Review Process

11 AAC 110.275

Page 90: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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))

Page 91: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

• 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

Page 92: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

Project Project ModificationsModifications

For The Alaska Coastal Management Program

11 AAC 110.800, 820, 830

Page 93: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 94: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 95: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 96: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

• 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)

Page 97: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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.

Page 98: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

Emergency Expedited Emergency Expedited ReviewsReviews

For the Alaska Coastal Management Program

(11 AAC 110.900)

Page 99: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.
Page 100: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 101: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

Emergency Emergency Expedited ReviewsExpedited Reviews

DECISION MAKERS•COORDINATING AGENCY

•RESOURCE AGENCIES

•COASTAL DISTRICT

Page 102: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

DECISION BASED UPON:

• Clear & Convincing Evidence of the Need to Expedite

DOES NOT INCLUDE:

• Poor Planning

Emergency Emergency Expedited ReviewsExpedited Reviews

Page 103: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

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

Page 104: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

AS 26.23 DISASTERSRegulations Can Be Suspended

BY GOVERNOR During a declared disaster

Page 105: ACMP Review Project Review Training Session April 24-26, 2007 Anchorage.

Questions?