11 AAC 110.410. Consistency certification for a federal authorization.

(a) In accordance with 15 C.F.R. 930.50 - 930.66, an applicant for a federal authorization subject to consistency review under the program must provide in the application to the federal authorizing agency a certification that the project complies with and will be conducted in a manner consistent with the program. The applicant must provide a copy of the certification to the office along with the necessary data and information identified in (c) of this section.

(b) Except as provided in AS 46.14.160 for a review under AS 46.40.040 (b)(2), the office shall, within 21 days after receipt of a consistency determination, review the information and data for completeness in accordance with the requirements of (c) of this section and determine whether the consistency certification is complete.

(1) a completed coastal project questionnaire that includes

(A) a complete and detailed description of the proposed project with sufficient specificity for the coordinating agency to determine the purpose of the proposed project and the potential impact to any coastal use or resource;

(B) data and information sufficient to support the consistency certification required by 15 C.F.R. 930.57 - 930.58 in detail commensurate with the level of potential effects on any coastal use or resource within the meaning of 15 C.F.R. 930.11(g);

(C) maps, diagrams, technical data, and other relevant material that precisely describe the project site location, topographical information, township, range, section, meridian, and other site-specific information;

(D) the consistency certification required by 15 C.F.R. 930.57; the consistency certification must include a statement using the following language: "The proposed project complies with the applicable enforceable policies of the Alaska coastal management program and will be conducted in a manner consistent with the program"; and

(E) the signature of an authorized representative of the applicant and the date signed;

(2) copies of all resource agency authorization applications required for the project, except as provided in (g) of this section; each application must meet the authorizing resource agency's statutory and regulatory requirements for completeness; and

(3) completed copies of all necessary federal authorization applications.

(d) If the office determines that the consistency certification is complete, the office shall notify the applicant and identify the start date for initiating the consistency review under 11 AAC 110.420.

(e) If the applicant fails to submit a complete consistency certification, the office shall notify the applicant and the federal agency in accordance with 15 C.F.R. 930.60.

(f) The office, on the office's own initiative or at the request of a coastal resource district or a resource agency, may require that the applicant provide additional copies of the consistency review packet, maps, or other documents that the office, the coastal resource district, or the resource agency cannot duplicate conveniently.

(g) If a resource agency requires a fee for the agency's authorization, an applicant must submit that fee directly to the resource agency.

(h) An applicant must submit, directly to the agency responsible for issuing the authorization, an a for a resource agency or federal authorization requiring information that must be held in confidence by law. The resource agency shall forward to the office a copy of the application with the confidential information deleted, as appropriate. The applicant shall arrange with the federal agency for a copy of the application, with the confidential information deleted, as appropriate, to be forwarded to the office.

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

Authority: AS 46.39.010

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