11 AAC 110.730. Review process for generally consistent determinations for activities that require a resource agency authorization

(a) The office, a resource agency, or a coastal resource district may propose under this section

(1) a generally consistent determination for an activity that requires a resource agency authorization; or

(2) an amendment to an existing generally consistent determination, based on new information regarding the impacts of the activity, including cumulative impacts.

(b) To be eligible for a generally consistent determination under this section, an activity that requires a resource agency authorization must be an activity that can be made consistent with the program through application of standard alternative measures.

(1) identify the resource agency authorization required for the activity;

(2) specifically describe the activity subject to the determination; and

(3) set out standard alternative measures that would achieve consistency with the enforceable policies of the program.

(d) If a new generally consistent determination or an amendment to an existing determination is proposed under (a) of this section, the office shall

(1) distribute the proposed generally consistent determination or amendment to the review participants;

(2) provide public notice of the proposed generally consistent determination or amendment in accordance with 11 AAC 110.500; and

(3) in accordance with 11 AAC 110.230 - 11 AAC 110.270, render a consistency determination for the proposed generally consistent determination.

(e) The office shall maintain a list of generally consistent determinations. The B List of generally consistent determinations set out in Volume I of the List of Expedited Consistency Reviews and State Authorizations Subject to the ACMP, published by the office, as revised as of May 24, 2004, lists the generally consistent determinations in effect for the program. The B List is adopted by reference.

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

Authority: AS 46.39.010

Editor's note: The B List set out in Volume I of the List of Expedited Consistency Reviews and State Authorizations Subject to the ACMP , adopted by reference in 11 AAC 110.730, is available for inspection at the Department of Natural Resources, Office of Project Management and Permitting, 302 Gold Street, Juneau, AK 99801 or at www.alaskacoast.state.ak.us .

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