11 AAC 110.345. Final consistency response to a federal consistency determination.

(a) A final consistency response rendered by the office under AS 46.39.010 (a) and AS 46.40.096 (d) must

(1) contain a description of the activity subject to consistency review;

(2) concur with or object to the federal consistency determination; and

(3) be issued within the time set in 15 C.F.R. 930.41 or 11 AAC 110.265, whichever is shorter.

(b) In addition to meeting the requirements in (a) of this section, a final consistency response that

(1) concurs with the federal consistency determination must include an explanation of how the proposed project 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; or

(2) objects to the federal consistency determination must set out that objection in the form and manner required by 15 C.F.R. 930.43 and must include a statement informing the federal agency of the availability of mediation through the United States Secretary of Commerce under 15 C.F.R. 930.112 - 930.116.

(c) In addition to meeting the requirements of (a) and (b) of this section, the final consistency response must include any change made by the office between issuance of the proposed consistency response and issuance of the final consistency response, including

(1) the incorporation, within the project description, of any

(A) alternative measures that are

(i) proposed under 11 AAC 110.335(d) in the proposed consistency response; and

(ii) adopted by the federal agency; and

(B) modification by the federal agency of the activity to achieve consistency with the enforceable policies of the program; and

(2) any minor editorial or technical corrections.

(d) On or before Day 50 of the consistency review, except as the review schedule is modified under 11 AAC 110.325(b) , the office shall provide the final consistency response to

(1) the federal agency as required under 15 C.F.R. 930.41;

(2) the director of the Office of Ocean and Coastal Resource Management, as required under 15 C.F.R. 930.43(c), if the final consistency response objects to the federal consistency determination;

(3) each resource agency;

(4) each commenting review participant;

(5) each agency that commented on the activity; and

(6) each person who submitted timely program comments under 11 AAC 110.500(a) and, if applicable, 11 AAC 110.500(b) .

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

Authority: AS 46.39.010

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