11 AAC 110.400. Activities requiring a federal authorization subject to consistency review.

(a) The consistency review process described in 11 AAC 110.400 - 11 AAC 110.455 applies to a project if the project requires

(1) a federal consistency certification; or

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

(b) For purposes of 15 C.F.R. 930.53(a), federal authorizations subject to consistency review include

(1) a United States Department of Agriculture, United States Forest Service permit

(A) required under 36 C.F.R. Part 251 for outfitter and guide operations for freshwater boat trips that include a designated area for exclusive commercial use by the permit holder;

(B) for mining plans of operation required under 36 C.F.R. 228.4 - 228.8, and that require an environmental assessment or environmental impact statement under 42 U.S.C. 4332 (National Environmental Policy Act);

(C) required under 36 C.F.R. 228.58 - 228.61 for mineral material sales and sites, if those sales and sites are greater than five acres or not previously reviewed under the program;

(D) required under 36 C.F.R. Part 251 for a hotel, a motel, a resort, a service station, a fish hatchery, mariculture, a liquid waste disposal area, a sewage transmission line, hydroelectric projects, oil and gas pipelines, an airport, a heliport, a dam, a reservoir, water transmission, a fish ladder, power lines, telephone lines, or a water easement; or

(E) for ground disturbing construction that requires one or more of the following:

(i) an environmental assessment or environmental impact statement under 42 U.S.C. 4332 (National Environmental Policy Act);

(ii) a permit from the United States Environmental Protection Agency under 33 U.S.C. 1342 (Clean Water Act);

(iii) a permit from the United States Department of Defense, Army Corps of Engineers, under 33 U.S.C. 1344 (Clean Water Act);

(iv) an authorization from the Department of Environmental Conservation under 18 AAC 50, 18 AAC 60, 18 AAC 70, or 18 AAC 72 with respect to air emissions, solid waste, or wastewater;

(v) an authorization from the Department of Fish and Game under AS 16 or the department under AS 41.14;

(vi) a department water rights or tidelands authorization under AS 46.15.010 - 46.15.160 and 11 AAC 93.040 - 11 AAC 93.130;

(2) a permit from the United States Secretary of Commerce under 33 U.S.C. 1441, for activities in a national marine sanctuary;

(3) a permit from the United States Department of Defense, Army Corps of Engineers,

(A) under 33 U.S.C. 401 and 403 (Rivers and Harbors Act), authorizing the construction of bridges, causeways, dams, and dikes and the obstruction of navigable waters;

(B) under 43 U.S.C. 1333 (Outer Continental Shelf Lands Act), authorizing artificial islands or fixed structures on the outer continental shelf;

(C) under 33 U.S.C. 1413 (Marine Protection Research and Sanctuaries Act), authorizing ocean dumping outside the limits of the territorial sea; or

(D) under 33 U.S.C. 1344 (Clean Water Act), authorizing discharges of dredged or fill material into navigable waters;

(4) a United States Department of Energy, Federal Energy Regulatory Commission

(A) license for the construction and operation of non-federal hydroelectric projects and associated transmission lines under 16 U.S.C. 797(e) and 16 U.S.C. 808 (Federal Power Act);

(B) order for interconnection of electric transmission facilities under 16 U.S.C. 824a(b) (Federal Power Act);

(C) permission and approval for the abandonment of natural gas pipeline facilities under 15 U.S.C. 717f(b) (Natural Gas Act); or

(D) certificate of public convenience and necessity for the construction and operation of natural gas pipeline facilities, including both interstate pipeline and LNG terminal facilities under 15 U.S.C. 717f(c) (Natural Gas Act);

(5) a United States Environmental Protection Agency

(A) permit required under 33 U.S.C. 1342 (Clean Water Act), authorizing discharge of pollutants into navigable waters;

(B) permit required under 33 U.S.C. 1345 (Clean Water Act), authorizing disposal of sewage sludge;

(C) permit under 40 C.F.R. Part 63 for new sources or for modification of existing sources, or a waiver of compliance allowing extensions of time to meet air quality standards under 42 U.S.C. 7412 (Clean Air Act); or

(D) air quality exemption granted under 40 C.F.R. 60.14 or 40 C.F.R. 64.2 for stationary sources;

(6) a United States Department of the Interior,

(A) Bureau of Land Management permit and lease under 43 C.F.R. Part 2920, for drilling and mining and related facilities on public lands;

(B) Bureau of Land Management permit under 43 C.F.R. 2800.0-1 - 2808.6, for pipeline rights-of-way on public lands;

(D) Minerals Management Service OCS plan;

(E) Fish and Wildlife Service right-of-way permit under 50 C.F.R. 29 and 50 C.F.R. 36;

(F) National Park Service right-of-way permit under 36 C.F.R. 14;

(7) a United States Nuclear Regulatory Commission permit and license for the

(A) siting of nuclear facilities under 10 C.F.R. Part 52;

(B) construction of nuclear facilities under 10 C.F.R. Part 52; or

(8) a United States Department of Homeland Security, United States Coast Guard permit under

(A) 33 U.S.C. 401 (Rivers and Harbors Act) and 33 C.F.R. Parts 114-117, for construction or modification of bridge structures and causeways across navigable waters;

(B) 33 U.S.C. 1501 - 1524, for siting, construction, and operation of deepwater ports; or

(c) In accordance with 15 C.F.R. 930.54, the office may notify a federal agency, the applicant, and the director of the Office of Ocean and Coastal Resource Management of unlisted federal license or permit activities within the meaning of 15 C.F.R. 930.54 that affect any coastal use or resource and that require a consistency review.

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

Authority: AS 46.39.010

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