Made available by
Touch N' Go Systems, Inc., and the
Law Offices of James B. Gottstein.
You can also go to The Alaska Legal Resource Center or search the entire website search.
|
(a) The office shall develop, using the process established in 11 AAC 110.255(a) - (d), a proposed consistency response to a federal consistency determination that meets the requirements of (b) and, as applicable, (c) or (d) of this section.
(b) On or before Day 44 of the consistency review, the office shall provide the federal agency and the review participants with a proposed consistency response that
(1) contains a description of the proposed federal activity;
(2) contains a description of the federal activity subject to consistency review;
(3) indicates whether
(A) a concurrence is proposed with the federal consistency determination;
(B) an objection is proposed to the federal consistency determination; or
(C) the office requests an extension for the consistency response; and
(4) contains a statement identifying the availability of an elevation under 11 AAC 110.600 and the deadline for submitting a request for elevation under 11 AAC 110.600.
(c) In addition to the requirements in (b) of this section, if a concurrence with the federal consistency determination is proposed, the proposed consistency response must include an explanation of how the activity is consistent with the applicable enforceable policies of the program. In the explanation, the office may incorporate by reference the federal consistency determination, so long as the determination sufficiently supports the proposed concurrence.
(d) In addition to the requirements in (b) of this section, if an objection to the federal consistency determination is proposed, the office shall provide the proposed objection and any proposed alternative measure in the form and manner required by 15 C.F.R. 930.43 and shall include a statement informing the federal agency of the availability of elevation under 11 AAC 110.600 and of Office of Ocean and Coastal Resource Management assistance under 15 C.F.R. 930.111 during the elevation.
(e) A proposed consistency response is not the final state agency concurrence or objection for purposes of 15 C.F.R. 930.41(a) and is subject to elevation under 11 AAC 110.600.
(f) The office may immediately issue a final consistency response under 11 AAC 110.345 if the review participants concur with the proposed consistency response and the federal agency adopts any alternative measures proposed by the office in the consistency response.
History: Eff. 7/1/2004, Register 170
Authority: AS 46.39.010
Note to HTML Version:
The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.
If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.
Last modified 7/05/2006