11 AAC 110.820. Project modifications after issuance of a final consistency determination

(a) A modification to a federal agency activity shall be addressed under 15 C.F.R. 930.30 - 930.46.

(b) An applicant that proposes a modification to an activity that is part of a project for which a final consistency determination has been issued must submit a new coastal project questionnaire that includes a detailed description of the proposed modification. The coastal project questionnaire for the proposed modification must be submitted to the agency that coordinated the consistency review of the project.

(c) A modification that is proposed to a project for which a final consistency determination has been issued is subject to a consistency review if the proposed modification may cause significant additional impacts to a coastal use or resource and

(1) a new resource agency authorization subject to the consistency review process or a new federal authorization under 11 AAC 110.400 is required; or

(2) a change to an existing resource agency or federal authorization is required.

(d) A modification to a project requiring a federal license or permit shall be addressed under 15 C.F.R. 930.50 - 930.66 or 15 C.F.R. 930.70 - 930.85.

(e) Only the part of the project affected by a proposed modification is subject to a consistency review. Alternative measures developed during the consistency review of a proposed modification must address only the impacts caused by the modification.

(f) Except as provided in (g) of this section, the resource agency that will issue a new authorization, or whose authorization requires modification, shall serve as the coordinating agency and render the consistency determination for a proposed modification.

(g) The office shall serve as the coordinating agency and render the consistency determination or consistency response for a proposed modification if

(1) the modification requires a new or amended federal authorization;

(2) the modification requires a new authorization from two or more resource agencies;

(3) a change to an existing authorization from two or more resource agencies is required; or

(4) more than one modification is proposed at the same time and the combined proposed modifications require authorization action from two or more resource agencies.

(h) The coordinating agency shall distribute the coastal project questionnaire for the proposed modification to the review participants. Each review participant shall respond to the coordinating agency within seven days after the coastal project questionnaire is distributed. A resource agency shall determine whether a new authorization or change to an existing authorization is required. A review participant shall consider whether the proposed modification may cause additional impacts to a coastal use or resource.

(i) If, after reviewing responses received under (h) of this section, the coordinating agency determines that the proposed modification will not cause significant additional impacts to coastal uses and resources, the modification is not subject to consistency review. The appropriate resource agency or federal agency shall process the proposed modification as required under the agency's statutory and regulatory authority.

(j) If, after reviewing responses received under (h) of this section, the coordinating agency determines that the proposed modification may cause an additional impact to a coastal use or resource, the coordinating agency shall initiate a consistency review for the proposed modification under the appropriate consistency review process described under 11 AAC 110.010.

(k) The following modifications have no additional effect on coastal uses and resources and are not subject to further consistency review:

(1) a change in ownership;

(2) a change in contractor or subcontractor;

(3) a decrease in the impact of the project with no change of purpose;

(4) authorization modifications that are within the scope of the original project that was reviewed;

(5) authorization modifications that are allowed under the original authorization conditions;

(6) authorization modifications that are meant to clarify requirements in the previously issued authorization.

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

Authority: AS 46.39.010

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