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(a) The consistency review processes set out in this chapter constitute the consistency review processes for consistency determinations made under AS 46.40.096 .
(b) A project is subject to only one of the consistency review processes set out in this chapter if any activity that is part of the project
(1) requires a
(A) resource agency authorization;
(B) federal consistency determination from a federal agency in accordance with 16 U.S.C. 1456(c)(1) and (2) (Coastal Zone Management Act) and 15 C.F.R. 930.36 - 930.40; or
(C) federal consistency certification, in accordance with
(i) 16 U.S.C. 1456(c)(3)(A) (Coastal Zone Management Act) and 15 C.F.R. 930.57 - 930.58; or
(ii) 16 U.S.C. 1456(c)(3)(B) (Coastal Zone Management Act) and 15 C.F.R. 930.76, from a person who submits an OCS plan to the United States Secretary of the Interior; and
(2) is located
(A) within the coastal zone; or
(B) in an area described in AS 46.40.096 (l)(2) that is subject to a consistency determination under 15 C.F.R. Part 930.
(c) Only the consistency review process set out in
(1) 11 AAC 110.200 - 11 AAC 110.270 apply, if the project requires only an authorization from one or more resource agencies;
(2) 11 AAC 110.300 - 11 AAC 110.355 apply, if the project 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 apply, if the project requires
(A) a federal consistency certification; or
(B) an authorization from one or more resource agencies and a federal consistency certification.
(d) The specific aspects of an activity that are subject to authorization by the Department of Environmental Conservation under AS 46.40.040 (b)(1) are excluded from the consistency review processes in this chapter. The issuance of authorizations by the Department of Environmental Conservation under AS 46.40.040 (b)(1) establishes consistency with the Alaska coastal management program for those aspects.
(e) Where the specific aspects of an activity that would otherwise be subject to authorization by the Department of Environmental Conservation are not subject to that department's authorization because the activity is either a federal activity or is located on federal land or the outer continental shelf, the Department of Environmental Conservation shall nonetheless review those aspects for compliance with AS 46.03, AS 46.04, AS 46.09, AS 46.14, and the regulations adopted under those statutes, as applicable, and provide that department's findings under AS 46.40.040 (b)(2) to the office of project management and permitting by the deadline set in
(1) 11 AAC 110.345(a) (3) for an activity reviewed under 11 AAC 110.300 - 11 AAC 110.355; and
(2) 11 AAC 110.445(d) for an activity reviewed under 11 AAC 110.400 - 11 AAC 110.455.
History: Eff. 7/1/2004, Register 170
Authority: AS 46.39.010
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Last modified 7/05/2006