11 AAC 110.030. Office of project management and permitting responsibility

(a) For a consistency review, and in accordance with AS 46.39.010 , AS 46.40.096 , and

(1) 11 AAC 110.200 - 11 AAC 110.270, the office shall serve as the coordinating agency and render the consistency determination for a project that requires an authorization from two or more

(A) resource agencies; or

(B) divisions or offices within the department;

(2) 11 AAC 110.300 - 11 AAC 110.355, the office shall serve as the coordinating agency and render the consistency response for a project that requires

(A) a federal consistency determination; or

(B) an authorization from one or more resource agencies and a federal consistency determination; or

(3) 11 AAC 110.400 - 11 AAC 110.455, the office shall serve as the coordinating agency and render the consistency response for a project that requires

(A) a federal consistency certification; or

(B) an authorization from one or more resource agencies and a federal consistency certification.

(b) If, in accordance with 16 U.S.C. 1456(c) (Coastal Zone Management Act) and 15 C.F.R. Part 930, a federal consistency determination, consistency certification, or related information is to be submitted to the state agency designated under 16 U.S.C. 1455(d)(6) (Coastal Zone Management Act) and 15 C.F.R. 923.47, that determination, certification, or related information must be submitted to the office.

(c) The office shall develop, maintain, and update a coastal project questionnaire. A coordinating agency shall use the coastal project questionnaire to solicit information regarding the project description, site information, consistency with the enforceable policies of the program, and necessary authorizations.

(d) At the request of a resource agency that is coordinating a consistency review under AS 46.40.096 (b) and 11 AAC 110.050(c) , the office shall act as a facilitator to attempt to resolve conflicts among the resource agencies, an affected coastal resource district, or an applicant regarding the consistency determination.

(e) For a consistency review under 11 AAC 110.300 - 11 AAC 110.355 or 11 AAC 110.400 - 11 AAC 110.455 that does not require a Department of Environmental Conservation authorization because the activity is either a federal activity or is located on federal land or the outer continental shelf, the office shall, in addition to the office's consistency review under AS 46.40.096 , coordinate with the Department of Environmental Conservation and issue that department's finding under AS 46.40.040 (b)(2) and 11 AAC 110.010(e) of whether the relevant aspects of the activity satisfy the requirements of AS 46.03, AS 46.04, AS 46.09, or AS 46.14 and the regulations adopted under those statutes, as applicable.

History: Eff. 7/1/2004, Register 170

Authority: AS 46.39.010

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