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ALASKA COASTAL MANAGEMENT PROGRAM DISTRICT IMPLEMENTATION MANUAL COASTAL ZONE INFORMATION CENTER ALASKA COASTAL MANAGEMENT PROGRAM Oil DISTRICT IMPLEMENTATION MANUAL State of Alaska Steve Cowper, Governor Office of the Governor September 1988 Divisior, of Governmental Coordination ~@ ~q%~q@~q@ - ~, ~0q0, District Implementation Manual Date Sept. 1988 TABLE OF CONTENTS PAGE ACKNOWLEDGEMENTS INTRODUCTION CHAPTER I - LOCAL COASTAL MANAGEMENT PROGRAM POLICY IMPLEMENTATION Introduction ..........................................................................................1 Implementation Techniques .................................................................5 Choosing the Best Implementation Techniques for Your District .......9 Participation in State and Federal Plans ..........................................9 Cooperative Agreements ............................................................... 12 Public Involvement ........................................................................ 14 General Permits ............................................................................. 17 Consistency Reviews ..................................................................... 20 Capital Improvements Programs ................................................... 21 Comprehensive Development Plans .............................................. 23 Other Local Land Use Plans (Including AMSAs) ........................ 25 Local Land Use Regulations ......................................................... 28 Zoning ..................................................................................... 29 Overlay Zones ......................................................................... 32 Special Zoning Districts ......................................................... 34 Conditional Use Permits ......................................................... 37 Performance Standards ........................................................... 39 Site Plan Review ..................................................................... 41 Subdivision Regulations ......................................................... 43 Land Use and Building Permits .............................................. 46 Municipal Land Management ....................................................... 48 Making These Ideas Happen .............................................................. 53 Implementation Examples 1. Participation in State and Federal Plans: Sitka .................... 55 2. Cooperative Agreement: Bering Straits CRSA ................... 57 3. Cooperative Agreement: Bristol Bay CRSA ....................... 59 4. Public Involvement: Cefialiuhiit Brochure ......................... 61 5. Public Involvement: Cefialiuhiit Newsletter ....................... 63 6. Public Involvement: Whittier Newsletter ............................ 65 7. Public Involvement: Bristol Bay CMP User Guide ............ 67 District Implementation Manual (DATE Sept. 1988 8. Local Land Use Plan: Craig Planning Commission Manual ................................... 69 9. General Permits: North Slope Borough .............................. 71 10. General Permits: Sitka, ......................................................... 73 11. Consistency Review: Anchorage Checklists ....................... 75 12. Consistency Review: Hydaburg Checklist .......................... 77 13. Consistency Review: Juneau Checklists ............................. 79 14. Area Meriting Special Attention (AMSA): Cordova Ordinance .............................................................. 81 15. Land Use Regulations: Kodiak Island Borough Review Form ................................. 83 16. Land Use Regulations: Kodiak Island Borough Brochure.. 85 17. Land Use Regulations: Hydaburg Ordinance ...................... 87 18. Special Zoning District: Valdez Ordinance ........................ 89 19. Local Land Use Regulations: Kodiak Island Borough Zoning Compliance Permit ............ 91 20. Overlay District: Barrow Historic District .......................... 93 21. Overlay District: Craig Special Considerations District .................................. 95 22. Overlay District: Craig Limited Marine Industrial District ............................. 95 23. Overlay District: Cordova Coastal Zone Overlay District..97 24. Conditional Use Permits: Kodiak Island Borough Brochure ........................................ 99 25. Site Plan Review: Anchorage Ordinance .......................... 101 26. Subdivision Ordinance: Kodiak Island Borough Brochure ...................................... 103 27. Subdivision Ordinance: Anchorage Wetlands Ordinance. 105 28. Land Use Permit: Matanuska-Susitna Borough ................ 107 CHAPTER H - LOCAL PARTICIPATION IN THE STATE CONSISTENCY REVIEW PROCESS The Consistency Review: We're In This Boat Together ................. 109 The Process in One Glance ............................................................... 113 Pertinent Regulations and Procedural Information .......................... 117 Role of State and Federal Agencies .................................................. 175 CHAPTER 111 - ASSISTING THE APPLICANT Introduction ...................................................................................... 181 Providing Information to the Applicant ........................................... 183 Simplifying the Consistency Review ............................................... 185 District Implementation Manual DATE Sept. 1988 CHAPTER IV - GLOSSARY CHAPTER V - APPENDICES Appendix A - Classification of State Agency Approvals Under 6 AAC 50 (Expedited Review Lists) .............. A-1 Appendix B - Key Players ................................................................ B-1 Appendix C - State and Federal Legislative Framework ................. C-1 Appendix D - Coastal Project Questionnaire ................................... D-1 Appendix E - PROFS ........................................................................ E-1 CHAPTER VI - INDEX TO THE STATE CONSISTENCY REVIEW PROCESS District Implementation Manual DATE Sept. 1988 LIST OF FIGURES 14& Page INTRODUCTION Map of Coastal Resource Districts ......................................... i-7 CHAPTER 11 11- 1 A Step-by-Step Description of the State Consistency Review Process ..................................................................... 114 11-2 Letter Requesting Information from Applicant .................... 137 11-3 Comment to DGC - Consistent ............................................. 141 11-4 Comment to DGC - Consistent With Conditions ................. 142 11-5 Comment to DGC - Inconsistent .......................................... 143 11-6 Proposed Consistency Determination ................................... 146 11-7 Request for Elevation ........................................................... 155 11-8 Conclusive Consistency Finding .......................................... 158 CHAPTER V V-B. 1 Coastal Management Regions .............................................. B-2 V-B.2 Agency Regions .................................................................. B- 14 LIST OF TABLES CHAPTERI 1-1 Techniques Used by Coastal Districts to Implement Approved Programs .................................................................. 7 CHAPTER V V-B. 1 Coastal Policy Council Members and Alternates .................. B-3 V-B.2 Coastal District Coordinators ................................................ B-6 V-B.3 DGC Coastal Management Staff Contacts by District ........ B-10 V-B.4 DCRA Coastal Management Staff by District .................... B- 12 V-B.5 State of Alaska Resource Agency Contacts by Region ....... B-15 District Implementation Manual ,DATE Sept. 1988 ACKNOWLEDGEMENTS We extend our thanks to the following agencies and coastal districts who have helped to develop this document. Their contributions in answering survey questions; making comments at meetings; and providing examples of docu- ments, plans, and ordinances, have been invaluable. � Alaska Coastal Management Program District Coordinators, Coastal Resource Service Area Board members, and other local coastal dis- trict officials; � Alaska Division of Governmental Coordination; � Alaska Department of Community and Regional Affairs; � Alaska Department of Fish and Game; � Alaska Department of Natural Resources; � Alaska Department of Environmental Conservation; 0 U.S. Army Corps of Engineers; and � U.S. Environmental Protection Agency. This manual was prepared by Ott Engineering, Inc. of Anchorage, Alaska, with electronic publishing support from TimeFrame. Financial assistance for this publication was provided by the Alaska Coastal Management Program and the Coastal Zone Management Act of 1972, as amended, administered by the Office of Ocean and Coastal Resource Man- agement, National Oceanic and Atmospheric Administration, U.S. Depart- ment of Commerce. District Implementation Manual DATE Sept. 1988 I 0 0 .IDistrict Implementation Manual ' 0 DATE Sept. 1988 1 q 0 .pm U p po I . : , 0 1 : F=l I : @=3 9 .e-=- r=4 L Introduction INTRODUCTION The purpose of this manual is to assist you in the implementation of your local coastal management program. Coastal management in Alaska is an exciting responsibility. It is a challenging task because our coastal areas are huge and complex, as illustrated by the map of Alaska inserted at the end of this Intro- duction. Our state has 33,000 miles of coastline, more than ALL other states combined! The management of our state's coast is also a vitally important task. Coastal management will have far-reaching impacts on Alaska's future. Many of our natural resources are located in coastal areas. Our economy and our quality of life may depend more on coastal management than on any other part of land useplanning. Simply put, coastal management is a bigjob, yet one which will truly make a difference! WHAT IS IMPLEMENTATION? Itmeansfinding ways to put the policies of your district's program into action. Developing your Coastal Management Program (CMP) was a first major step! The next step is actually getting your program to work for your district. HOW DOES THE DISTRICT COORDINATOR FIT IN? The district coordinator has the task of seeing that the district's coastal management program is implemented, once it is approved. You, as a district coordinator, will work on several levels to do this: � At the local level, you will work with your City Council, Borough Assembly, or Coastal Resource Service Area (CRSA) Board, com- munity groups, and the public. � At the district level, you will be a member of the statewide community of district coordinators. � At the state and federal level, you will interact with government agencies who are also concerned with coastal management, espe- cially with the State of Alaska's Division of Governmental Coordina- tion (DGC). DGC has the task of overseeing and implementing the Alaska Coastal Management Program (ACMP) statewide. 1);,,triet Implementation Manual ID,VIE Sept.1988 PAGE i-1 WHAT DOES A DISTRICT COORDINATOR DO? As a district coordinator, you are likely to find yourself: 00, 0 Reviewing proposed projects to see if they meet the standards of your district's coastal management program. The task of reviewing projects begins after a district's program is approved. 0 Assisting people with proposed projects to get through the coastal consistency process. a Improving community awareness about the importance of coastal management. All district coordinators are involved in community education, whether their programs have been approv6d or are still in the development stages. 0 Working with local, state, and federal governments to address coastal management issues in their land use plans and regulations. Alldistrict coordinators-whether in charge of district in a city, borough, or CRSA-do this too! WHAT IF...? Although each district is unique, district coordinators often face similar coastal management situations and issues. This manual is organized to help you deal with issues that district coordinators commonly face. The manual's table of contents is one way to find information on a particular issue. As an alternative means of reference, we've listed below many "What if 'situations you are likely to face. Next to each "What if 'is the page in the manual where your questions are answered. 0 What if I just arrived on the job and don't know where to start to implement my district's program? See page 1, or Appendix B, Key Players. 0 What if I don't know the meaning of some of the commonly used coastal management words and phrases? See the Glossary, which starts on page 187. 0 What if I need to contact another district coordinator or DGC? See Tables V-B.2 and V-B.3 of Appendix B, Key Players. District Implementation Manual DATE Sept. 1988 PAGE i-2 What if I need to contact my district's Coastal Policy Council representative? See Table V-B. 1 of Appendix B, Key Players. What if I receive a project to review for Consistency Determination? -For a complete explanation of the pertinent regulations and procedures, begin on page 117 and continue through page 174. -For how your district fits into this process, read from page 129 through 171. -For a quick overview with step-by-step directions, see Figure 11- L, (page 114,115) -For the review schedule, see Figure 11- 1 (page 114,115) and pages 129 through 157. -For sample letters, see Figures 11-2 through 11-8. -For how state and federal agencies fit in to this process, start with pages 175 through 179. For whom to contact, see Tables V-BA and V-B.5 in Appendix B. -For lists of the key players in the process, see Appendix B. -For an index to the state consistency review process, see Chap- ter VI. What if my district is in the process of adopting our coastal manage- ment program, and it is time for me to begin thinking of ways to implement it? -To find out what is working in other districts, see Table 1-1. -To read a detailed explanation of implementation techniques used by districts, start with page 9. -To begin evaluating what isrealistic for yourdistrict, seepage 53. -To see actual examples of ordinances and checklists, start with page 55. District Implementation Manual DATE Sept. 1988 PAGE i-3 What if my local community is concerned about a management plan that a state or federal agency is developing? See page 9, and Examples 1 and 3. � What if I'd like some new public involvement ideas? Read pages 14 through 17, and look at Examples 4 through 7. � What if somebody walks in off the street and needs help to get a project reviewed? See pages 181 through 184 and Appendix D (Coastal Project Questionnaire). � What if I think coastal management issues should be a part of my community's other land use plans and regulations? See pages 23 through 48, and Examples 8 through 28. WARNING! DO NOT READ THIS BOOK FROM COVERTO COVER! We have compiled quite a bit of material in this manual. The manual includes many subjects requested by district coordinators. We have also included examples of techniques used by district coordinators or adopted by districts, as well as case histories and illustrations. So, we encourage you first to thumb through this book and then to use it situation-by- situation. The "What ir' section will help you do this. Please do not feel you must sit down and read the manual from cover to cover! HOW ABOUT A QUICK WALK-THROUGH OF THIS MANUAL? The first two chapters of this manual discuss implementation of coastal management goals and policies at three levels: local, state, and federal. Chapter 1: Description and examples of local implementation tech- niques. There are many ways that your district can implement its policies locally. Each technique is listed and explained in terms of how it can be used by a Coastal Resource Service Area or by an organized borough or city. For quick reference, we've summarized this chapter in Table 1- 1, on page 7. All of the examples of the implementation techniques were contributed by Alaska Coastal Management Program District Coordinators. District Implementation Manual ,DATE Sept. 1988 PAGE i-4 Chapter H: District participation in coastal management implemen- tation at the state and federal level. This chapter explains the consistency review process, key players, schedule, and other details. For quick reference, we've included a step-by-step explanation, in chart form, of the consistency review process. See Figure 11- 1 which is on pages 114 and 115. The following chapters provide ideas and information which may be of general help: � Chapter IH: How districts can assist applicants whose projects are undergoing consistency review. � Chapter IV: Glossary (definitions of terms often used in coastal management). � Chapter V: Expedited review lists (known as the "A," "B," and "C" lists); and names and addresses of: -agency personnel involved in coastal management; -coastal coordinators from throughout the state; -DGC staff, and -Alaska Coastal Policy Council members. WHY DO THE PAGES LOOK THE WAY THEY DO? There are three type styles and formats used in this manual. Each type style and format identifies a particular kind of information: This type style and format is a federal or state statute or regulation. Statutes are laws passed by elected legisla- tive bodies (in this case, the Alaska State Legislature or the U.S. Congress). Regulations are adopted by an ad- ministrative agencies, such as the Alaska Coastal Policy Council. This type style andformat is an explanation of a specific statute or regulation. The remainder of the text appears in this style and format. It includes case histories, examples, and other information. District Implementation Manual DATE Scpi.1988 PAGE i-5 HELP US HELP YOU! We are very excited about this first edition! We have included in this manual information that was requested by district coordinators, as well as by state and federal agency staff. But you, as the manual's user, will discover what needs to be added or changed. We value your advice. Please suggest revisions to DGC. This will help us to keep the manual current and useful. To incorporate your suggestions, as well as other changes, we have designed the manual so information can be easily added and updated. Each page is numbered and dated in the lower right-hand comer. When you receive updates or revisions, discard the out-dated pages as indicated by the instruc- tions, and insert the new pages. District Implementation Manual DATE Sept. 1988 PAGE i-6 S L? A A U 0 R T )v -46) 4..k N 4ro 0 B po TAI a %It qV '40 00 11) #0 TAR 0 AM cw-"@O ... ell C.O.M" IF-ma RAY "y, 4"; Ns e-"Bpd- IV L AO so@ s V, 4 A. e 3 T. 0-, INS r ova 00 7 I"Al Yakut- '4' A S 0 F a L r Isay paw I K C ty B rou Kodiak jslaqd rough 4 "At at ans s 4 "At tit A IV ISLA" W it... 7 9 Q W (P 5 P-M M E@ @M* 0 w 3 I @=l I - Local Coastal L Mannement Program Policy Implementation CHAPTERI LOCAL COASTAL MANAGEMENT PROGRAM IMPLEMENTATION Introduction This chapter of the District Implementation Manual discusses local implem- entation of approved district coastal management programs. Although implementation at the state and federal levels focuses on consistency review of coastal projects, implementation at the local level provides varied oppor- tunities for action. In fact, Alaska's 32 district coordinators reported to researchers of this manual that they use 17 different methods of local implementation. They were: � Participation in State and Federal Plans � Cooperative Agreements � Public Involvement � General Permits � Consistency Reviews Capital Improvements Programs Comprehensive Development Plans 0 Local Land Use Plans (including Areas Meriting Special Attention (AMSAs)) 0 Local Land Use Regulations - Zoning - Overlay Zoning Districts - Special Zoning Districts - Conditional Use Permits - Site Plan Review - Performance Standards - Subdivision Regulations - Land Use and Building Permits 0 Municipal Land Management This excitingly-varied list reflects the enthusiasm and initiative shown by districts, local officials and district coordinators throughout the state. Of course, not every method is appropriate to each district. Cities and boroughs use established planning, platting, and zoning authorities to implement their coastal policies. In the unorganized borough, there are no local planning and District Implementation Manual DATE Sept. 1988 PAGE I land use authorities and no local land use regulations. The unorganized borough manages its coastal resources through specially-created organiza- tions, called Coastal Resource Service Areas (CRSAs). These CRSAs inform rural residents of proposed development activities in or near their communi- ties. They invite residents to speak up in state and federal decision-making affecting the district. WHY READ THIS CHAPTER? � You, as a district coordinator, can learn about and evaluate local implementation methods appropriate for your district. � You can find out which district(s) to contact to get details on the most promising implementation methods for your district. WHAT DOES THIS CHAPTER COVER? � state regulations on implementation; � a table listing the implementation techniques and which districts are currently using them; � a description of the implementation methods; � advantages and disadvantages of techniques for different types of districts; and � examples of successful use of implementation techniques from dis- tricts throughout Alaska. IS THIS CHAPTER RELEVANT TO MY DISTRICT? You face an exciting choice of powerful, proven implementation techniques. However, you'll find that some techniques are not suited to your district. Your staff may not have the time to handle some types of implementation techniques. Also, your district may have political or social constraints that make some techniques impractical. We have outlined the techniques to help you to evaluate what will work for your district. District Implementation Manual_ DATE Sept. 1988 PAGE 2 1 I Discussions with other district coordinators and local officials is also one of the key ways to learn about what really works and how hard or how easy it is 0 to use any of the techniques described in this manual. Use Table I-1 and Appendix B to find out whom to contact. Good luck! 0 0 1District Implementation Manual I DATE Sept. 1988 PAGE 3 I -0, 0 0 District Implementation Manual DATE Sept. 1988 PAGE 4 r I P 2 Implementation Techniques I Implementation Techniques AUTHORITY TO IMPLEMENT COASTAL POLICY 6 AAC 85.100 IMPLEMENTATION. Each district program must include a description of the methods and authority which will be used to implement the district program. Methods and authority must be adequate to insure program implementation, and any additional methods or authority which are required must be specified. Methods and authority include land and water use plans, municipal ordinances and resolu- tions, (including shoreline, zoning, and subdivision ordinances and building codes), state and federal stat- utes and regulations, capital improvement programs, the purchase, sale, lease, or exchange of coastal land and water resources, cooperative agreements, tax exemptions for nondevelopment purchase of develop- ment rights, memoranda of understanding, and coor- dinated project or permit review procedures. (Eff. 7/ 18/78, Reg. 67) Authority: AS 44.19.161 AS 46.40.030 AS 46.40.040 These regulations authorize districts to implement their coastal management programs. They also provide a menu of techniques. Many of these techniques are cur- rentty in use by one or more districts around the state. SUMMARY OF IMPLEMENTATION TECHNIQUES The type of implementation technique you can use in your coastal district depends on your form of government. There are currently 321 coastal districts in Alaska. These can be classified as two types: Districts comprised of incorporated communities or boroughs. These are districts given the authority to regulate development using plan- ning, platting, and land use regulations under Title 29 of the Alaska "The Annette Islands Indian Reserve (Metlakatla) is a city organized under federal law. State and federal consistency requirements do not apply to Metlakatla because of its legal status. District Implementation Manual However, the local consistency requirement is applicable. Metlakatla has the same type of implementation techniques available as districts with incorporated communities. DATE Sept. 1988 PAGE 5 Statutes. These districts include: unified municipalities; home rule and second-class boroughs; and home rule, first-class, and second- 1-0 class cities. Districts which are boroughs differ from cities in their implementation techniques. This is because their planning responsi- bilities often include review of activities inside cities and villages, and their jurisdiction covers a large geographic area. CRSAs are districts within the unorganized borough. They tend to be very large geographically, and often very diverse. CRSAs depend on different implementation techniques because they are not a local government. However, their authority often includes review of activities inside cities and villages. Table 1- 1 shows the districts classified in these groups. Table I-1 also shows techniques that districts are currently using to implement their approved coastal management programs. This table shows the broadest legal range of techniques available to each district. However, actual conditions in your district may narrow the range of suitable implementation options. For example, the size and expertise of your staff may limit your actions, or you may face political or social constraints that make some techniques impracti- cal. To decide whether a particular implementation technique can work for your coastal management program, follow these steps: � First, use Table 1- 1 to identify techniques that are most likely to work for you. � Second, review the description of the implementation techniques and the examples provided. � Third, use Table 1- 1 to find districts that are already using techniques of interest to you. � Finally, use Appendix B, called "Key Players," to get the names, addresses, and phone numbers for the coastal coordinators of these districts. Contact these coordinators if you would like information based on their experiences using the technique. You can also ask the State of Alaska's Division of Governmental Coordination (DGC) or the Department of Community and Regional Affairs (DCRA) staff for help in identifying and developing implementation tools. � Ask lots of questions. Shop thoroughly until you find techniques that fit your district's needs and your staff's abilities. District Implementation Manual DATE Sept. 1988 PAGE 6 Table I- I Techniques In Use by Coastal Districts to' Implement Approved Coastal Management Programs, I? DISTRICT -0 IR DISTRICTS IN 93 JW El e INCORPORATED COMMUNITIES -P AL Unitled MuniclRelitles 4? 14 4 a CIL Anchorage o *1 0 0 1 0 1 0. 0 1 0 1 0 0 1 0 1 41 0 0 *1 0 0 0 Juneau 0 * 1 0 1 0 0 0 0 1 0 0 0 0 0 0 0 0 0 Sitka 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Home Rule Boro ahs North Slope 0- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ti 2 Northwest Are c 0 0 0 0 0_ 0 Second Class Bonoughs aSt2 - - AJeutians E 0 0 0 0 Bristol Bay -0 -. 0 -0 -0 0 0 1 0 0 0 0 0 0 Ketchikan Gateway 0 0 0 0 0 0 0 Kodiak Island -0 0 0 0 0 0 Matanuska-Susitna -0 0 -0 0 0 0 0 0 0 Home Rule Cities Cordova 0 0 0 0 0 0 0 0 0 0 Valdez 0 0 0 0 0 0 0 0 0 0 First Class Cities Craig 0 0 0 0 0 0 0 0 0 Haines 0 0 0 0 0 0 0 0 0 0 0 0 0 Hoonah 0 0 0 0 0 0 0 0 0 0 -0 0 0 Hydaburg 0 0 0 0 0 0 0 0 0 0 0 Kake - - 9 0, 0 Nome 0 0 0 0 0 0 0 Pelican 0 0 0 0. 0 0 0 0 0 Skagway 0 0 9 0 0 9 Yakutat 0 0 Second Class Cities Bethel 0 0 0 0 0 0 0 COASTAL RESOURCE SERVICE AREAS 0 Bering Strafts 0 0 Bristol Bay 0 0 0 0 CehaliuWt (Yukon-Kuskokwim) 0 1111, 0 1 1. As identified by telephone surveys - March and August, 19%. 2. CRSA recently incorporated as a borough; planning and zoning regulations under development I 0' 0 IDistrict Implementation Manual DATE Sept. 1988 PAGE 8 j F7 -Ai q ch: oosmv tati illI hm'" p emen 'i LE OtIrD istrit Choosing the Best Implementation Techniques for Your District This chapter discusses seventeen implementation techniques in detail. Each explanation includes these points: � How is this technique implemented? What steps are involved? � What districts can use this implementation technique-CRSAs, cit- ies, or boroughs? Which classes of incorporated municipalities? � Who within the local government chooses and administers the im- plementation technique-staff, planning commission, council, or assembly? � What are the overall advantages and disadvantages of this technique? In addition to these explanations, this manual provides real life examples of the techniques in action, furnished by district coordinators. These examples have been included at the end of Chapter I. The cover page for each example summarizes what the example illustrates. PARTICIPATION IN STATE AND FEDERAL PLANS All districts have the opportunity to participate in the planning of projects that affect state and federal lands. You can become a member of the planning team which actually develops state or federal plans. You may join the official planning committee, or you may instead join a task force that serves the committee by reviewing background information and established goals and policies. You may also help to fund the plan. Your early involvement in the state and federal planning process helps to assure that an area is developed or protected in keeping with your district CMP's goals and policies. Participat- ing in state and federal planning is especially effective for CRSAs where much of the land within a district is publicly owned. What districts can participate in state and federal plans? All districts. District Implementation Manual DATE Sept. 1988 PAGE 9 Who adopts this technique? State and federal laws require state and federal agencies to solicit local participation in land use planning. Who implements this technique? � The state or federal agency with jurisdiction over the land whose "future" is being planned. � Your district may initiate its involvement without being formally invited. What steps do I take to participate in state and federal plans? � Make sure that state and federal agencies automatically notify you when they begin planning. � Request to join the state or federal planning team. 0 Review and comment on all public review drafts of state and federal plans. Learn more about the lands and projects involved before you prepare your district's comments. You may be negotiating with officials who believe they know these lands like their own backyards, so ask lots of -questions, especially of your CRSA board, assembly, or council members. When you present your district's comments, emphasize which points are priorities. Attend public hearings and encourage district residents to attend. Overall advantages of participating in state and federal plans? State and federal agencies have resource information that is invalu- able to districts. District Implementation Manual ,.DATE Sept. 1988 pAGE 10 � Negotiating head-to-head in the early stages of planning is far more effective for your district than handing in comments on a plan draft later on. As soon as the first draft is printed, people may begin to regard it as authoritative because of all the effort that went into it. So speak up before the first draft. � Participating in state and federal planning is especially important in districts with lots of public land. � Your active participation demonstrates toother agencies yourdistrict's serious commitment to managing your coastal resources. Overall disadvantages of participating in state and federal plans? � State and federal planning is often complex and time-consuming. It not only may take a lot of your time, it may take a long time in happening. � Cost: staff time and travel to meetings. � Final authority will rest with the state or federal agency, so sometimes your best efforts to boost your district's interests may produce smaller results than you had hoped. For instance... District coordinators for the Northwest Arctic and North Slope Boroughs and Bering Straits CRSA belong to the planning team for the Northwest Area Plan. The Northwest Area Plan was initiated by the Alaska Department of Natural Resources (DNR) to manage state-owned lands in the Northwest Arctic and North Slope Boroughs and the Bering Straits CRSA. A second example of a district participating in a management plan is Bristol Bay CRSA co-sponsorship (with DNR) of the Nushagak and Mulchatna Rivers Recrea- tion Management Plan (see Example 3). Also, the City and Borough of Sitka worked with the State of Alaska Department of Fish and Game (DFG) to research and develop the district's Resource Inventory and Resource Analy- sis. On an on-going basis, the Sitka district also reviews all development proposals governed by the Tongass National Forest Land Management Plan (see Example 1). District Implementation Manual DATE Sept. 1988 PAGE 11 COOPERATIVE AGREEMENTS Cooperative agreements are written agreements between districts and any of the following: � villages; � cities; � boroughs; � Native corporations; state and federal agencies; � other districts; and � other entities. Districts may find that they have direct control over only part of the coastal area which affects them. The rest of the area may be managed by a state or federal agency, another coastal district, a village, a Native corporation, or some other organization. If both or all parties agree that they would profit from working together in managing areas orresources of mutual interest, they may wish to draft a cooperative agreement. What districts can use cooperative agreements.) 0 All districts. Who adopts this technique? 0 The CRSA board, the city council, or municipal or borough assembly. Who implements this technique? The agreement is administered by one or all of the parties involved. A cooperative agreement is not a legal contract but rather a statement of intent to cooperate, leaving either party free to withdraw. The agreement should spell out the responsibilities of each party, expected results, and financial obligations, if any. District Implementation Manual [DATE Sept. 1988 PAGE 12 What steps are involved to implement cooperative agreements? The steps involved are as varied as the types of agreements possible! To minimize confusion among parties, specify in your written agree- ment: - how money is to be spent; - who will do what when; - who has ultimate authority to make what decisions; - how long the agreement will last; - how it can be terminated before it expires; - qualifications to the agreement (specifically-stated items or tasks the agreement does not cover); and - the effective (or beginning) date of the agreement. Negotiate with individuals who actually have the authority to make decisions for their agency right from the beginning. Otherwise, you may lose the delicate compromises you have fashioned when the agreement gets passed along to someone higher in command. Overall advantages of cooperative agreements? 0 You can tailor a cooperative agreement to fit the needs of each situation and the players involved. 0 A cooperative agreement can extend the district's efforts in innova- tive directions (such as planning of state lands, or shared responsibil- ity for enforcement of state or federally issued permits). Overall disadvantages of cooperative agreements? Developing an agreement can take a long time and be highly depend- ent on personnel memory. As staff changes, new personnel may be unaware of the agreement or its verbally-honed details. For instance... Several districts within Alaska have agreements with Native corporations or neighboring districts. For example, the Aleutians East Borough and Bristol District Implementation Manual DATE Sept. 1988 PAGE 13 Bay Coastal Resource Service Area are considering entering into an agree- ment about their common boundary. The Sitnasuak Native Corporation and the Bering Straits Coastal Resource Service Area have an agreement concern- ing the corporation's review of proposed projects in the CRSA (see Example 2). The Bristol Bay CRSA has a cooperative agreement with DFG and DNR to complete a recreation management plan for the Nushagak and Mulchatna Rivers, which the district identifies in their CMP as an Area Which Merits Special Attention (AMSA). CRSA staff started the plan to address use conflicts on these two important recreationally-used rivers. The CRSA is now part of a larger planning team and is responsible for involving the public, mapping and compiling together information, and other tasks. In addition to defining which agencies have what responsibilities, the cooperative agree- ment outlines a spending plan for legislative funds and a process to develop the plan. A portion of the cooperative agreement is presented in Example 3. Another example of a cooperative agreement is state or federal delegation of enforcement authority to a district. The State of Alaska Department of Environmental Conservation (DEC) is the only state agency with the ability to delegate enforcement authority for permits they have issued to local governments. The United States Army Corps of Engineers (COE) has expressed interest in doing the same. PUBLIC INVOLVEMENT Public involvement means educating local people about development that could affect their coastline and encouraging them to participate in decisions about coastal management. It also means increasing the public's awareness about the importance of the coast as a resource, a livelihood, or a way of life. All coastal districts play an important role in educating and informing the public. What districts can use public involvement? 0 All districts. District Implementation Manual [DATE Sept. 1988 pAGE 14 Who adopts this technique? 0 Public outreach is not a legal procedure, so it doesn't require adoption or review-it's all up to you. Who implements public involvement? The district coordinator initiates public involvement with cooperation from local government, the CRSA board, and any citizens' groups interested in coastal resources. What steps are involved to implement public involvement? � Writing, printing, and distributing brochures, newsletters, and no- tices; � Producing slide shows or radio shows; � School programs; � Local visitors center (as part of municipal, state, federal, or private tourism efforts); � Organizing meetings and teleconferences with community leaders, special interest groups, and the general public to show them that they are all front-line players in protecting coastal resources; � Using your own creativity and energy to discover new ways to excite local people about the vitality of their coastal areas, and their respon- sibility to take care of them. Overall advantages of public involvement? 0 Every individual who understands and cares about coastal resources lends you an extra set of eyes to watch for problems, and an extra set of hands to prevent or repair damage. Your "staff 'can include every supporter of coastal resources, from small children who pick litter off the beach to the president of a petroleum company who redesigns a facility to meet your concerns. District Implementation Manual DATE Sept. 1988 PAGE 15 Open debate of controversial issues gives everyone a chance to be heard and may soften hard feelings in the community. People are much more accepting of regulations when they understand the reasons and believe in the cause. Our democratic system of government reflects the win of the people only when the people get involved. It conveys public support of your district's program to state legisla- tors. It is important to gain their support for maintaining the ACNIP. Overall disadvantages of public involvement? � Public meetings and teleconferences require staff time to organize and public speaking skills to conduct. � To develop exciting, informative, educational materials you need staff experienced in public relations or close cooperation with outside professionals. Involving more people with more competing ideas and demands may lengthen the time it takes to reach a district consensus. As you become responsive to the public, you trade away the power to negotiate and act independently. You may, at times, be forced to balance the local will against your own opinions or ways of doing things. You may also have to explain diplomatically to your commu- nity why they must live with unpopular state and federal policies, without losing their trust and support that you have carefully built up. For instance... Brochures and newsletters are the most common means of involving the public. The Cefialiulriit (Yukon-Kuskokwim) CRSA has published a bro- chure (included as Example 4) which highlights: the area included in the district; District Implementation Manual DATE Sept. 1988 pAGE 16 � the district's history; 0 the district's purposes; and � ways the district has helped villages. The Cefialiulriit brochure also includes a map of the district's three coastal management subdistricts. It is written using "we" and "they," which encour- ages the reader to automatically feel a part of the district. The map and four photos take up more space than the text and give an impression of quick and easy reading. Its audience is specific: the 43 villages in the Calista region. Its message is also specific and clearly stated: "We are here to protect your village way of life... and are here to help." For another example of public involvement techniques, look at Cefiahulriit's newsletter (included as Example 5). It is bilingual and presents a salmon enhancement project which the district is supporting. Whittier's first news- letter is included as Example 6. It explains what coastal management is all about, the key players in the district's CMP development process, and a short survey. The Bristol Bay CRSA developed a user guide which is distributed to applicants and the general public. It includes information about the CRSA, the coastal consistency review process, and a map of the district's boundaries (see Example 7). The Bering Straits CRSA also produced a user guide. The City of Craig has published a very readable planning commission manual (see Example 8). It explains the land use terms and procedures a planning conm-iission, council assembly, or members of the public are likely to encoun- ter. Meetings, teleconferences, and slide shows are other ways to inform and involve the public. GENERAL PERMITS The COE can issue general permits to a district. This allows the district to regulate certain activities on wetlands or in navigable waterways. These permits are issued under Section 10 of the River and Harbor Act of 1899 for fill or structures placed in navigable waters, and under Section 404 of the District Implementation Manual DATE Sept. 1988 PAGE 17 Clean Water Act for placement of fill into wetlands. After the COE issues the permit, the district administers the permit by keeping track of and regulating all the uses allowed. The COE continues to review all uses the general permit does not include. What districts can use general permits? 0 All districts. Who adopts this technique? The COE grants the general permit to the CRSA, city, or borough. A person authorized by the city or borough must sign the permit before it becomes valid. Who implements this technique? Once the COE grants the permit to the district, the staff review the allowable activities. The staff usually develop a new application form to be submitted by applicants. When staff review the application, they make sure it is for a use allowed by the general permit. They also may attach stipulations affecting the location, type, timing, and placement of the fill, as well as mitigation actions required by the applicant. Even though the COE issues a general permit to the district, it retains the authority to monitor and enforce all activities the district author- izes under the permit. What steps are involved to implement general permits? To get a general permit, the district submits a detailed proposal to the Special Actions Section of the COE. The district's proposal should contain: - a description of the area to be covered under the permit; - types of activities to occur in the area; - proposed standard conditions; and - the role the district would play in administering the permit. District Implementation Manual ,DATE Sept. 1988 pAGE 18 Overall advantages of general permits? 0 Reduces the district's responsibilities from approval to only local administration of applications for placement of fill or structures in navigable waters or placement of fill in wetlands. 0 Allows the district to guide the location and type of development in certain areas. 0 Eliminates the COE's requirements for individual permit evaluation of certain activities. T'his streamlines the permitting process for the applicant and allows the district to stipulate conditions and mitigation for a general class of activities. Overall disadvantages of general permits? 0 Obtaining and administering the general permit may require greater expense and more staff time, expertise, and involvement. 0 Districts may have less control over the approval and operation of certain types of activities in certain areas. 0 Applicants may be surprised and disappointed to find that only certain and not all potential activities are allowed under the district's general permit. For instance... The North Slope Borough has a general permit for placement of fill, as do Bethel, Sitka, the Bristol Bay Borough, and the Northwest Arctic Borough. The North Slope Borough's general permit covers the placement of fill for housing, commercial, and public facilities within eight villages in the Bor- ough. Outside these villages, the general permit allows fill only for housing and access. The general permit has specific conditions an applicant must follow regarding: � maximum road dimensions; � maximum pad dimensions; � installation of culverts to maintain natural drainage patterns; � no fill placement in streams; District Implementation Manual DATE Sept. 1988 PAGE 19 � maximum side slopes; and � setbacks from high tide or high water marks. The North Slope Borough permit also lists reporting and monitoring require- ments: � The Borough administers and monitors all authorized activities. � Applicants must provide certain information to the Borough in their application. � The Borough must specifically give an applicant an authorization to begin the work before the applicant can begin. � The COE must approve proposed work which is similar but not specifically the same as activities allowed under the general permit. � The Borough must send reports to the COE. � The COE will implement on-site inspection and monitoring with the assistance of other federal, state, and local agencies. Example 9 is a complete copy of the North Slope Borough general permit. Example 10 is a description of Sitka's three general permits. CONSISTENCY REVIEWS All coastal districts can (and must!) review proposals for development within thecoastalzone. This includes review of projects that require a permit or other approval from a local, state, or federal entity. If a project requires only local approval, the district will conduct the review, and make a final consistency recommendation. If a project requires state and/or federal approval, a state agency will coordinate the review, with the district's participation. You, as a coastal coordinator, receive and route consistency reviews to the appropri- ate people in your district. Consistency reviews can be done by staff, planning boards and commissions, city councils or assemblies, village councils, and CRSA boards. Some coastal districts assign consistency review to just the planning staff, while other districts invite planning commissions, city coun- cils, and CRSA boards to participate. The size of the review panel is usually District Implementation Manual ,DATE Sept. 1988 pAGE 20 flexible; larger projects are reviewed by more people while smaller projects are kept at the staff level. Example 11 is a checklist of the various municipal departments in Anchorage which participate in the consistency review, depending on the project. Example 12 is an ordinance adopted by the City of Hydaburg which indicates that all development must be consistent with the CMP and specifically reflects the use of a consistency review checklist. This checklist allows the district coordinator to verify that a project has been reviewed with full consideration of district policies and can comply. Example 13 includes the consistency review checklists found in the Juneau CNIP. Both a short-form review checklist and a detailed checklist have been developed. The consistency review is an important implementation technique. It alerts districts, villages, Native associations, and community members of all activities on or affecting their coastal lands, and provides each group the opportunity to voice concerns about proposed development. Chapter II provides a detailed explanation of opportunities for district involvement in the state and federal consistency review processes. CAPITAL IMPROVEMENTS PROGRAM A Capital Improvements Program (CIP) is a multi-year development plan for public improvement projects, typically funded by local revenues. Capital Improvements Programs often include sewer and water projects, schools, boat harbors, landfills, and other public projects. CIPs can influence the timing, location, and density of future development. The CIP process involves setting priorities for public projects, funding them, and scheduling construction. Implementation of a district's coastal policies can be coordi- nated with the CIP process so that growth is directed away from sensitive coastal areas or dirrcted to allow the highest and best use of waterfronts. What districts can use a Capital Improvements Program? � All cities and boroughs. � CRSA boards could develop a CIP "wish iise, for state and federal agencies to fund (i.e. water and sewer systems, recreational improve- ments, docks and harbors, etc.). The CRSA board could also make recommendations to the CIP of a city within its district. District Implementation Manual DATE Sept. 1988 PAGE 21 Who adopts this technique? 0 The locally elected governing body (in other words, the council or assembly) in cities and boroughs. 0 The CRSA board. Who implements this technique? � The staff or district coordinators draft the CIP, but many people can and should make recommendations on projects: - appointed boards and commissions; - special interest groups; and - individual residents or neighborhoods. � The elected governing body or CRSA board adopts the CIP. What steps are involved to implement a Capital Improvements Pro- gram? � It may be helpful to contact other districts to see how they have tied their CMP to the CEP process. � All local governments make physical improvements to their roads, buildings, utilities, etc. The CIP is a more organized approach. If local governments in your district already use the CIP technique, your role is to present their planning staff with your district's concerns and priorities for projects that affect coastal resources. � If local governments do not use the CIP technique, you can promote the idea. Overall advantages of a Capital Improvements Program? Capital improvements are constructed in an organized way. Priorities are set for several years, according to: the public's need for services; the need to protect resources; the availability of funds; and other factors. District Implementation Manual ,DATE Sept. 1988 pAGE 22 0 The influence of your coastal policy on the CIP can be highly visible, tangible, and lasting. Your policies can influence the timing, design and location of large-scale, long-lived physical structures. 0 The residents of your district will know what capital improvements will be constructed now and in the near future. 0 Your district will have advance notice to revise its CMP, so it can keep pace with new needs created by scheduled improvements. 9 Public support for projects, as shown during development of the CIP, may convince state or federal agencies to grant funding. Overall disadvantages of a Capital Improvements Program? � Local government staff may feel threatened or weakened by allowing outside agencies and the public to participate in capital improvement scheduling. � The shared decision-making process takes more time. 0 For instance... Your community could influence the location and timing of a industrial park through the CIP process. The CIP could call for public extension of water, sewer, and roads to and within a shore area to attract the desired industries. Fish processors, cargo handlers, and other companies would locate in the industrial park because it would conveniently serve their needs. In this case, a district could implement a policy to give highest priority to uses which need direct access to coastal waters. COMPREHENSIVE DEVELOPMENT PLANS Comprehensive development plans (CDPs) are used by cities and boroughs with planning powers. A comprehensive development plan sets forth community-wide goals for growth, development, and preservation of public District Implementation Manual DATE Sept. 1988 PAGE 23 and private lands. It also states objectives and policies to meet those goals. CDPs are based on a thorough analysis of the social, economic, cultural, and environmental characteristics of a community. A CDP can incorporate the district's coastal management plan or policies. What districts can use Comprehensive Development Plans? 0 All cities and boroughs with planning powers. Who adopts them? 0 Developed by staff, citizens, and the planning and zoning commis- sion; 0 Recommended by the planning and zoning commission; and 0 Adopted by the locally elected body (council or assembly). Who implements Comprehensive Development Plans? 0 Zoning or other types of land use regulations are usually adopted to implement the CDP. The CDP provides the policy framework and reasoning behind the regulations. 0 Once the regulations are adopted, staff and/or the planning and zoning commission implement them. This depends on who is given implem- entation authority by the regulations. What steps are involved to implement CDPs? The governing body of the municipality (i.e. council or assembly) adopts the comprehensive development plan. The local planning commission often does much of the detail work in developing a comprehensive development plan. The commission usually makes recommendations to the local govern- ing body regarding plan adoption and modification. Staff administer the plan once it is adopted. Often, the staff provide preliminary research, goals, and policies for local officials as a basis for discussion. It is helpful if staff have previous experience in developing and administering comprehensive devel- District Implementation Manual ,DATE Sept.1988 PAGE 24 opment plans, as well as a comfortable feeling about working with local officials and the public to reach agreement on issues and solutions. Once adopted, the plan can be implemented by every local implementation method discussed in this chapter. Overall advantages of comprehensive development plans? � They provide a comprehensive overview of coastal and other land area management. � The courts see them as a necessary legal framework for zoning and other specific land use regulations. Overall disadvantages of CDPs? � They take a long time to develop and finalize. � If you incorporate your coastal management program into a CDP, a change in the CMP may require taking your CDP through a lengthy amendment process. For instance... The City of Craig provides an example of using a CDP to implement CMP policies. The Craig Coastal Management Program designates North and South Coves as boat harbors. To support the coastal management program designation, the City's comprehensive plan encourages the location of marine support facilities such as grids, boat repair shops, drydock, and storage areas adjacent to the harbors. To implement the comprehensive plan, these areas are zoned "Marine Industrial/Support Commercial" to permit the location of the desired support facilities in proximity to the harbors. OTHER LOCAL LAND USE PLANS (Including AMSAs) Local land use plans have the same purpose and function as comprehensive development plans. Local land use plans are, however, more specific. Many District Implementation Manual DATE Sept 1988 PAGE 25 types of local land use plans can be developed and used by incorporated cities and boroughs and CRSAs, including water use plans, wetlands plans, and Areas Meriting Special Attention (AMSAs). Local land use plans concen- trate on specific community characteristics, such as social, economic, or environmental conditions. What districts can use local land use plans and AMSAs? All cities and boroughs. CRSAs can use AMSA plans. Who adopts local land use plans? Developed by staff, citizens, and the planning and zoning commis- sion. Recommended by the planning and zoning commission. Adopted by the locally elected body (council or assembly). CRSA boards adopt AMSA plans. Who implements this technique? � Staff review projects, rezones, permit applications, and other land use proposals. � Planning and zoning and other land use commissions review projects, rezones, permits, or other land use proposals. City councils or borough assemblies approve or deny any project, rezone, or other land use proposal. What steps are involved to implement local land use plans? Inventory natural features or areas being regulated by the proposed plan. District Implementation Manual DATE Sept. 1988 PAGE 26 � Develop a system of classifications to regulate the features or area's development. � Prepare the plan. � Involve the public and agencies in the review of the plan. Overall advantages of local land use plans? � Allows greater focus on, and public scrutiny of, development affect- ing important natural features and/or areas. � AMSAs allow districts to develop plans for and review projects affecting areas outside their boundaries. � Because it requires resource agency and district consensus to develop and adopt the plan, reviewers of subsequently proposed projects may be more likely, initially, to be in agreement with them. Overall disadvantages of local land use plans? a Requires substantial staff or consultant time. 0 Is sometimes difficult to obtain public consensus because of public sensitivity toward the natural feature or area being proposed for regulation. For instance... The Municipality of Anchorage has developed and adopted a wetlands management plan as part of its coastal management program. The wetlands plan designates various wetlands for either preservation (very limited types of development only), conservation (development allowable under certain conditions), or developable (development is allowed). The district coordina- tor classifies the wetlands on the basis of their location, size, habitat impor- tance, and function in preserving water quality. Because of its wetlands plan, the Municipality of Anchorage was able to obtain general permit authority from the COE. This delegated authority District Implementation Manual -DATE Sept. 1988 PAGE 27 allows the Municipality toissue permits foractivities in developable wetlands without COE involvement in the review, which greatly reduces the time necessary to process permits for developable wetlands. The Cordova coastal management program incorporated an AMSA into its program. The AMSA includes Eyak Lake, the city's source of drinking water, and lands and waters both within and outside city limits. The city prepared the AMSA plan primarily to protect the lake's water quality. See Example 14 for the Cordova ordinance establishing an AMSA. LOCAL LAND USE REGULATIONS Zoning and subdivision ordinances are the most common form of local land use regulation. Incorporated cities and boroughs have the authority to use land use ordinances as implementation tools under Title 29. The city or borough staff, planning and zoning commissions, and city council or assem- bly participate in the zoning process. This process includes development, adoption, administration, and enforcement of land use regulations. You can ensure that local zoning benefits coastal resources in your district by propos- ing ordinances that draw upon the policies of your CMP. One advantage of using land use ordinances for implementation is that they give the district legally-binding powers to oversee development. However, the local government may require additional staff to write, administer, and enforce ordinances. Staff must also be able to communicate their regulatory review effectively to coastal policy decision-makers. Example 15 from the Kodiak Island Borough is a concise reporting format used to summarize a project for planning commission members. Land use ordinances can also require in-house coordination in districts with separate planning, building, and enforcement departments. Apart from their administrative aspects, land use ordinances are an important way for residents to get involved in and have control over land use. The Kodiak Island Borough has recognized the importance of public involve- ment in implementing local land use regulations. It has published a short brochure which tells how the public can become involved in each step of the development review process (see Example 16). In Hydaburg, the City Council has adopted its CMP enforceable policies as District Implementation Manual DATE Sept. 1988 pA(;E 28 the primary land use regulations for development. Example 17 is the ordinance which requires all development be consistent with the policies. ZONING Most cities and boroughs regulate land use according to geographic zones. Zoning is one of the most powerful tools a community can use to direct the type, location, and intensity of land use. 'Me purposes of zoning include: � matching types of development to the most suitable locations; � protecting public health, safety, and welfare; and � stimulating systematic development of transportation, sewer, water, school, park, and other public facilities. Zoning divides the community into districts in which only certain types of land uses are allowed. Zoning districts are usually drawn up based on the community's comprehensive development plan. In each zoning district, some uses are allowed by right, other uses are allowed if they meet certain conditions, and still other uses are prohibited. Zoning districts may also require building setbacks, limits on buildings' height and size, lot coverage, landscaping, and other design guidelines. What districts can use zoning? � Unified municipalities. � Second-class boroughs. � Home-rule cities. � First-class cities. � Second-class cities. Who adopts zoning? Staff and the planning and zoning commission recommend and draft zoning districts and ordinance language. District Implementation Manual DATE Sept. 1988 PAGE 29 0 The public reviews proposed zoning at a public hearing. * The assembly or council adopts the zoning ordinance. Who implements zoning? � Small communities without planning departments may use a city manager, city clerk, or a public works director to administer an ordinance. Administration is an on-going responsibility. � Larger communities generally have planning staff, and sometimes separate enforcement staff, who administer ordinances. What steps are involved to implement zoning? � Talk with other districts about what makes the use of zoning tech- niques successful for them. Get copies of their ordinances. � Decide what your district's staff can handle. To administer zoning, your staff will need to review applications from developers. To enforce zoning, your staff will have to go out into the community and negotiate with individuals who are violating the zoning regulations. If the violators won't cooperate, your staff may have to pursue legal action. Before you include zoning as part of your coastal policies, you should assess the ability of your staff to administer and enforce zoning. � Look at your district's political attitude toward development and decide which types of uses and restrictions are in line with that attitude. � Look at your CMP and map out where certain uses are encouraged and where they are not allowed. This could be a good basis for the zone boundaries. Your CMP will also help you to determine the Est of uses allowed without review, with review, and not at all in each zone. � When you draft the conditions for development in each zone (such as building height or lot coverage), consult your CMP for guidance. Use the list of conditions that are placed on projects during the consistency review process to suggest conditions for zoning permits. District Implementation Manual DATE Sept. 1988 pAGE 30 Overall advantages of zoning? 0 A zoning district can protect or maintain the character of a specific area. For example, zoning can help to reserve waterfront locations for water-dependent and water-related activities. 0 Zoning can protect areas designated in the coastal management program as critical habitat by limiting development in these areas. 0 Zoning variances require public hearings, guaranteeing that residents have a chance to speak out when anyone requests a non-compatible use. 0 Zoning encourages efficient use of land and resources by concentrat- ing uses in the most suitable areas. 0 By making growth patterns more predictable, zoning facilitates the development of infrastructure (roads, sewers, etc.) and gives residents a preview of the changes to prepare for in their neighborhoods. Overall disadvantages of zoning? The regulations for each zoning district usually include a list of permitted, conditional, and prohibited uses. Problems arise when a proposed use is not included on any of the lists. Although staff use their bestjudgment to interpret whether the proposed use is allowable, the applicant may have a different interpretation. The resulting disagreement is often difficult to resolve amicably. The zoning board may defeat the purpose of zoning if it grants variances for illegitimate reasons (such as convenience, profit, or "as a favor"). The attitude of the zoning board may be a political matter that you may be able to influence by arousing public support for zoning that protects and promotes balanced management of coastal resources. Some people regard zoning as an infringement of theirproperty rights. Again, your efforts to excite people about the importance of coastal management may win public support for zoning. District implementation Manual DATE Sept. 1988 PAGE 31 For instance... The City of Valdez's coastal management program identifies "Conservation Areas" and advises only low impact uses in these areas. The City Council of Valdez amended the Valdez Zoning Code to adopt this policy. A sample of Valdez's ordinance is provided as Example 18. The Kodiak Island Borough implements its coastal management program (in part) through of a "zoning compliance permit." The "zoning compliance permit" is a checklist that Borough staff use to cross-check a permit applica- tion for compliance with Kodiak's coastal management program. Example 19 shows the Borough's permit. Other land use regulations that can locally implement coastal management plans are described below. OVERLAY ZONES Overlay zones are a type of zoning that applies additional regulations on top of an existing zoning district. The overlay district further protects or enhances areas which are already within a land use district. What districts can use overlay zoning? 0 The same districts that can use other types of zoning. Who adopts overlay zoning? 0 Same as for other types of zoning. Who implements this technique? � Same as for other types of zoning. � Special interest commissions may also be appointed to review the uses proposed in the overlay district. For example, a historical District Implementation Manual ,,.DATE Sept. 1988 PAGE 32 commission might oversee development in a historical district, or soils experts might oversee development in an earthquake hazard zone. What steps are involved to implement overlay zoning? � Inventory areas of the district that have unique characteristics to be preserved or special physical hazards that will affect the design of any development. � Write the ordinance establishing the overlay district so that it encour- ages project design which preserves special characteristics of the district or avoids the hazards, as the case may be. � Decide who should review the project design to make sure it meets the overlay district's intent. Overall advantages of overlay zoning? � Overlay districts are a good way to handle your district's special conditions, as long as these conditions (historic buildings, wetlands, estuaries, high avalanche or earthquake hazard areas) are located in a specific geographical area. � Overlay districts let prospective developers know, at the brginning of their decision-making, that these conditions are important. Overall disadvantages of overlay zoning? � Requires staff and/or special interest commissions to review the uses. � Public must agree that the characteristics regulated by the overlay districts are important and should be more closely regulated than other characteristics. For instance... The City of Barrow created an overlay district as part of its zoning ordinance to enhance and preserve the historic and cultural values ofparticular areas (see District Implementation Manual DATE Sept. 1988 PAGE 33 Example 20). The overlay district allows most uses that were allowed in the underlying district, as long as they meet the additional standards of the overlay district. For Barrow, these additional standards include review of the proposal by the Commission on History and Culture to assure that historic and cultural values are preserved. The City of Craig uses two overlay zones to implement its coastal manage- ment program (see Examples 21 and 22). A "Special Considerations" overlay applies to areas which are environmentally sensitive, have slopes greater than 25 percent, or are within a landslide area. This overlay includes the hillside above the City of Craig and important habitat in Crab Bay. It provides additional protection for environmentally sensitive areas by regulating devel- opment in these areas and in adjacent areas. The "Limited Marine Industrial" overlay ensures that marine uses will be as compatible as possible with residential uses in the vicinity. The City of Cordova has adopted a coastal zone overlay district. Develop- ment in all areas within the overlay district is required to conform to the CMP's policies. The overlay district is divided into several management districts. Each management district has a separate set of permitted uses (see Example 23). SPECIAL ZONING DISTRICTS The intent of the special zoning districts and overlay districts is very similar. Communities can establish special zoning districts to protect human life and property and to maintain environmental and cultural values. Special zones might encompass floodplain, shoreline, wetlands, agricultural areas, hillside, erosion or other hazards, or historic features. Special zoning districts can require additional setbacks and construction techniques (e.g., floodproofing) and can limit uses to those which maintain the goals and policies of the district coastal management program. Unlike overlay districts which complement other zoning, these special districts are usually the only zoning applying to a specific geographical area of your district. What districts can use special zoning districts? The same districts that can use other forms of zoning. District Implementation Manual DATE Sept. 1988 PAGE 34 Who adopts special zoning districts? * This process is the same as adopting more typical zoning districts. a Because of the sensitive nature of the areas which these zones are to protect, there may be more controversy in your district about their protection. This is especially true if these areas are privately owned. It is very helpful to involve the property owners most affected by these regulations early in the development and adoption process. Who implements special zoning districts? 0 The same as other zoning districts. What steps are involved to implement special zoning districts? � Review your CMP's inventory of important natural resource areas. � Identify those resource areas that are of the highest priority and that would benefit from being protected by a special zoning district. 0 Contact other district coordinators who use zoning districts which protect the same types of natural resource areas. Ask for copies of their ordinances, as well as for their advice on what to do and, especially, what not to do! � Think about which natural resource areas the people in your district would most agree to protect and regulate. � Focus on areas which are most critical, but also try to choose areas which there is likely to be public agreement that a special district is necessary. This will help you build public support for the passage of the ordinance adopting the special district and, perhaps, for future special district ordinances. Overall advantages of special zoning districts? Public attention is focused on the natural resource areas protected by a special zoning district. District Implementation Manual DATE Sept. 1988 PAGE 371 � The natural resources in the area are more likely to be protected. � Developers and others interested in proposing a project within a special zoning district know, from the beginning, of the additional review their project will encounter. Overall disadvantages of a special zoning district? It involves an additional layer of regulations. If a proposed special zoning district includes private lands, the affected property owners may not want the district to be adopted. For instance... A special floodplain district could limit filling or alteration of the natural stream course. These activities would be allowed only on the conditions that the development does not interfere with the natural flow and drainage pattern of the area, nor reduce flood storage capacity. Other regulations could include: � setbacks from the stream, river, or shoreline; � limiting the removal of vegetation from the flood plain; � floodproofing of buildings; � elevating buildings so that the floors are above flood levels; and � limiting the storage of hazardous materials. Special zoning districts can prevent hazards to human life and property and maintain open space, water quality, and wildlife habitat. The local govern- ment must justify its special zoning requirements using information pre- sented in the comprehensive plan, CMP, and other sound data. This will reassure owners that the use of private property has not been limited without solid reasons or without the property owners' input. District Implementation Manual DATE Sept. 1988 PAGE 36 CONDITIONAL USE PERMITS The Conditional Use Permit (CUP) allows flexibility in zoning. A condi- tional use is an activity that is not automatically allowed in a zoning district. City officials may allow the use, upon review, after placing restrictions or conditions on the use. If the use is approved with restrictions, it is given a CUP. The procedure for reviewing and approving an activity that requires a CUP varies according to local ordinances. The planning staff, the planning commission, or the city council may review CUP applications. Inconsidering a conditional use application, the commission or council listens to testimony from all interested parties, and then decides whether the use should be allowed based on established criteria. The conditions, or restrictions, imposed by a CUP might include restricted access or limited hours of operations. The CUP can also impose other limitations that will make the use more compatible with existing resources in the area, satisfy the desires of the community, or be consistent with your CMP. What districts can use conditional use permits? 0 Same as those who can use other aspects of zoning. Who adopts this technique? 0 Same as those who adopt other aspects of zoning. Who implements this technique? � The ordinance should specify who reviews and approves conditional uses. � Most often, conditional uses are reviewed and approved by staff or appointed commissions (such as your planning and zoning commis- sion, if your district has one). District Implementation Manual DATE Sept. 1988 PAGE iL-i What steps are involved to implement conditional use permits? You should be very clear in establishing either overall review criteria for conditional uses in all zones, or separate review criteria for conditional uses in each zone. This will help both prospective applicants and the staff or reviewing body. Include the review criteria in your ordinance that establishes conditional uses. Overall advantages of conditional use permits? � The public can participate in the review of each use (depending on how you have written your ordinance). � The CUP allows flexibility in the location of certain land uses. This may soften overall public reaction against the idea of zoning, if you think the people in your district may be against it. Overall disadvantages of conditional use permits? � Takes time to review each use. � Requires review by the planning and zoning commission. � Should be a part of a larger, wide-ranging set of zoning controls. A CUP can become a loophole in the zoning ordinance unless the conditions imposed on a use are carefully written and enforced to uphold the intent of the original zoning. For instance... Example 24 is a brochure available to Kodiak Island Borough residents. It explains the review procedures for conditional uses and how residents can become involved. District Implementation Manual ,DATE Sept. 1988 PAGE 38 PERFORMANCE STANDARDS Performance standards are a type of land use regulations which cities or boroughs can use instead of traditional zoning. They differ from traditional zoning because they regulate impacts, not uses. In fact, local officials must consider any proposed use for any area. Local planning staff or other officials decide whether or not to allow a use based on the level of impacts, not on the type of use proposed. That is, they weigh the effects, not the causes. If the harmful effects do not exceed the levels stated by the performance standards, then the use is permitted. (The developer may still face conditions or limits on the proposed plans after he or she demonstrates the plans' ability to meet the performance standards.) What districts can use performance standards? 0 The same types of governments which can use other zoning tools. Who adopts performance standards? Staff and the same governmental bodies who participate in the adop- tion of other zoning also participate in this process. Who implements and enforces this technique? � Implementing performance standards is the same as for traditional zoning. � Enforcing performance standards can be expensive, but your commu- nity can cut expenses by coordinating local enforcement with state and federal programs. For instance, your community may allow a seafood processor to locate along the waterfront. In this case, EPA will monitor the project's liquid wastes; DEC will monitor the water and air quality. What steps are necessary to implement performance standards? To establish performance standards, first re-read the inventory and District Implementation Manual DATE Sept. 1988 PAGE 39 analysis of natural and cultural- systems in your CMP. 0 Identify the more sensitive resources. a Draft performance standards that set measurable limits to the impacts you think might harm the sensitive resources and systems your CMP has identified. Overall advantages of performance standards? 0 Performance standards clearly state the reasons for controlling land and water use, so that residents and developers know why develop- ment must proceed in a certain way. Traditional zoning, on the other hand, does not always clearly broadcast the reasons for restricting or prohibiting uses in an area, even though the reasons are usually contained in the comprehensive plan or CMP. 0 Performance zoning may place less of an administrative burden on staff than traditional zoning by eliminating the reviewing of requests for conditional uses, variances, and rezones. Overall disadvantages of performance standards? � Staff, the planning and zoning commission, and the assembly/council need a fair amount of time to review each proposed land use. � The use of performance standards is still new and may be more difficult or controversial for local decision-makers and the public to accept. � Staff shoulddevelop a standard approach to thereview process so that decisions are consistent. For instance... A district could use performance standards to protect the scenic and recreation values of its waterfront while accommodating commercial water-related development. For example, a performance standard might only allow waterfront buildings, such as a boat repair shop and a marine supply store, District Implementation Manual DATE Sept. 1988 PAGE 40 which are designed and sited on their lots to preserve scenic vistas of the shore and the horizon from public vantage points. Performance standards are also useful in sensitive environmental areas where development is allowed, but open space is also important. The performance standard might state: "at least x% of the development site shall be planted and maintained with live vegetative cover. Preservation of existing trees and bushes on the site is also encouraged." SITE PLAN REVIEW Site plan review requires a developer to present detailed development plans to the planning commission or staff for review and approval. The procedure works well for reviewing development that, for one reason or another, needs public scrutiny. During the review, the commission discusses buffers, setbacks, building location, access, drainage, landscaping, and other features to ensure that the project is compatible with surrounding development and with the coastal management program. The procedure is usually limited to uses, sites, or projects which could have significant (or at least highly-visible) impacts on the community. What districts can use site plan review? Same governments that can require other types of land use regula- tions. 0 Site plan review usually occurs as part of the existing zoning regula- tions or performance standards. However, it also may be used without reference to either of these techniques. Who adopts site plan review? � The council or assembly usually adopts site plan review as a require- ment or as a provision of the ordinance for zoning or performance standards. � Your district's governing body could also adopt an ordinance speci- fying that the site plans for certain uses, no matter where they are located, are to be reviewed. District Implementation Manual DATE Sept. 1988 PAGE 41 Who implements site plan review? Staff or appointed commissions (such as planning commissions, or a special interest commission-geotechnical, beautification, or recrea- tion). What steps are involved to implement site plan review? Include criteria for site design in your ordinance. These criteria should be as specific as possible, but allow flexibility so that the review panel can weigh problems and characteristics specific to each site. Overall advantages of site plan review? � Allows more detailed review of projects than other local land use regulations. � Encourages applicants to think about how best to design their pro- posed use. � May be enforced as a condition for obtaining a building permit. If the conditions placed during site plan review are not met, then the building permit can be withheld. Overall disadvantages of site plan review? � Requires staff expertise in site design. � Is time-consuming to enforce. � There is a practical limitation on the number of uses that can be required to undergo site plan review. Otherwise, the reviews could be time-consuming for staff and applicants. For instance... In Anchorage, public projects are subject to site plan and landscaping review. Example 25 is the ordinance which requires public projects to be reviewed and the purposes for the review. District Implementation Manual D Sept. 1988 pAGE 42 SUBDIVISION REGULATIONS Subdivision regulations control the process of dividing larger tracts of land into smaller lots for sale and development whether for housing, commercial, or industrial uses. The ordinance that regulates subdivisions gives a city or borough control over: lot layout; street location and design; drainage; � grading; � access to lots; � easements needed for public or maintenance purposes; � walkways; � roads and utilities (construction usually required before lots can be sold); and � other physical and environmental elements. The subdivision ordinance can control several aspects of subdivision im- provements: � Their design (the ordinance may set certain standards, such as travel lane widths for roads and utilities). � Their scheduling (the ordinance may require the developer to post a bond or make another type of financial guarantee to ensure that the improvements are constructed prior to the lots being put up for sale or before homes are built). � Their quality (the city or borough may require the municipal engineer to inspect the improvements before the government releases the developer's financial guarantee). The council or assembly often appoints a platting board to review all proposed subdivisions for compliance with the city's or borough's ordinance. The council or assembly appoints to the platting board community residents who know about surveying, engineering, land use, design, and other areas perti- nent to subdivision review. Sometimes, members of the planning commis- sion also serve on the platting board. In communities without a platting board, the planning commission reviews subdivisions. District Implementation Manual DATE Sept. 1988 PAGE 43 A well-written subdivision ordinance can work separately or in concert with a zoning ordinance, comprehensive plan, and CMP to address the needs and goals of your district. What districts can use subdivision regulations? Incorporated cities and boroughs. Who adopts this technique? � Staff and planning commission recommend subdivision ordinances. � Council or assembly adopts, usually as part of zoning ordinances. Who implements this technique? � The platting board reviews and approves all proposed subdivisions. If a community has no platting board, the planning commission reviews proposals. � The planning staff, building official, or engineer may inspect the completed improvements. What steps are involved to implement subdivision regulations? � Decide what problems your district can solve by having a subdivision ordinance. � Talk to other districts and obtain their advice and examples. To select a model for your own ordinances, choose existing ordinances which mirror the characteristics and needs of your district. � Build public support for the adoption of subdivision ordinances by working closely with property owners, potential subdividers, local engineers and surveyors, and other interested parties before drafting an ordinance. District Implementation Manual DATE Sept. 1988 PAGE 44 Overall advantages of subdivision regulations? 0 Ensures that new development is served by adequate roads and utilities. 0 Ensures that critical natural features are not adversely impacted by the denser, more intense land use of new subdivisions. 0 In a growing district, subdivision regulations are often more politi- cally acceptable than zoning. 0 Can be written to regulate only the design aspects of subdivisions which your district feels are most important. Overall disadvantages of subdivision regulations? � Requires staff time to review the subdivision applications and pro- posed design. � A person wanting to subdivide property will have to spend more money to do so in order to meet development standards. 0 It lengthens the time from when a person decides to subdivide until he or she can actually sell lots. For instance... A district may find that the continued health of its salt marshes depends on a carefully regulated inflow of fresh water and nutrients. The district may then enact a subdivision ordinance that requires proposed subdivisions to control the amount of fresh water runoff that enters the marshes from roofs and parking lots (by installing storm sewers or retention ponds). Example 26 is an explanatory brochure that the Kodiak Island Borough uses to inform the public about its subdivision ordinances. The Municipality of Anchorage uses wetlands classifications in their review of subdivisions (see Example 27). Anchorage has identified and classified its wetlands into categories that either allow or limit development, specify the type and location of development, and place design and construction restrictions on subdivision development adjacent to or in wetlands. District Implementation Manual DATE Sept. 1988 PAGE 45 LAND USE AND BUILDING PERMrrS Cities and boroughs may require developers to obtain land use and/or building permits before they can undertake certain uses or construct structures. They are a way of making sure new development meets local, state, and federal requirements. The issuance of land use permits is based on the compliance of the proposed use or structure with established regulations or adopted plans. Some cities and boroughs may establish a requirement only for land use permits and not for building permits (or vice versa). Other municipalities may adopt both types of permits. The permit process can ensure coastal policy implementation by adding coastal management to the permit review criteria. These permits make coastal management an active part of local development review and facilitate on- going public awareness of its importance. What districts can use land use and building permits? 0 All cities and boroughs. Who adopts this technique? The locally elected council or assembly. Who implements this technique? The planning, engineering, and/or public works staff of the city or borough. What steps are involved to implement land use and/or building permits? � Identify the land uses and building types that may affect coastal resources. � Pinpoint the specific aspects of those uses and buildings that you want District Implementation Manual DATE Sept. 1988 PAGE 46 to regulate to achieve your coastal goals (location, utilities, setback, etc.). You might want to review the policies of your CMP to decide what regulations will be effective. Look at examples that other districts are using and get their advice. Talk to your own district's residents and local officials to see what they find practical and needed. Draft an ordinance that requires people wishing to begin new land uses, build new homes, or make changes to obtain a permit from your local government. Be sure to include the reasons why permits are necessary in the ordinance. Draft the permit application and then test it by asking someone who has never dealt with permits to try filling it out. Use his or her comments to refine it so it's easy to fill out.. and easy to review, too! If your district chooses to adopt a building permit system, usually the governing body adopts part or all of the most recent Uniform Building Code established by the International Conference of Building Offi- cials (ICBO). In order to receive a building permit, the applicant must usually then meet the Uniform Building Code standards. Overall advantages of land use and/or building permits? � Your district can choose which activities and uses to control. The scope of your permitting system depends on the needs of the district and the availability of staff. � You can base the criteria for land use pen-nits entirely on your CMP, or you can include other criteria. Overall disadvantages of land use and/or building permits? The requirement for the public to obtain land use permits usually requires a commitment to enforcement on the part of the local government. Enforcement requires that staff go into the field to evaluate applications and investigate reported violations. District Implementation Manual ,DATE Sept. 1988 PAGE 47 The permit system also involves staff working closely with the applicant, which takes considerable staff time. � The Uniform Building Code requires applicants to draw up formal plans. This can be costly and not in keeping with the local way of doing things. � To review building permits, your district will need staff who can read and interpret building plans and can inspect structures for technical compliance with the Uniform Building Code. � Establishing a building permit system may create the need for addi- tional staff and for close coordination between departments of local government. For instance... The Matanuska-Susitna Borough uses land use permits to implement its CMP. The Borough requires land use permits for Planned Unit Develop- ments, construction in flood hazard areas, and development in certain "Special Use Districts." If the proposed project lies within the coastal area, borough staff review the proposed project for consistency with their coastal management program. See Example 28. MUNICIPAL LAND MANAGEMENT Under the state's municipal entitlement program established in 1978, incor- porated cities and boroughs can acquire, sell or lease municipal land. All cities and boroughs have acquired, or may still be acquiring, lands from the state. Cities and boroughs may acquire still more land or dispose of property according to procedures in Title 29 (AS 29.35.090). These land transactions can be used as a technique for implementing coastal policies. The most common means of municipal land management are land acquisition; plan- ning; or entering into sales, exchanges, and leases. Under the Alaska Native Claims Settlement Act, Native villages also receive land for community expansion. Land acquisition provides an opportunity for implementing a district's CMP, District Implementation Manual DATE Sept. 1988 PAGE 48 if coastal resources are considered early in the land selection process. For example, a city or borough could select lands which the CMP rated highly for waterfront property value or natural resources. The local governing body, as owner, could control the use of land and limit its use to waterfront activities, or regulate the design orlocation of development as part of the sale conditions. Exchanging public land for private land gives the community the opportunity to have a positive influence on the timing, location, and quality of develop- ment. Exchange of land allows communities to give a developer land of equivalent value in exchange for property which has particular value to the community as identified through the district's CMP. What districts can use municipal land management? � unified municipalities. � home-rule boroughs. � second-class boroughs. � home-rule cities. � first-class cities. � second-class cities. � CRSAs can also impact the management and use of municipal land for 0 those cities within their districts. Who adopts municipal land management? The council or assembly has the ultimate authority to acquire or dispose of municipal land. Staff, the public, and appointed commissioners can play an influential role. You and other staff often are most aware of the need to develop a land management plan. Staff are usually responsible for writing the plan, coordinating with local residents, and coordinating with the state and federal agencies who have a strong interest in how the municipal land is managed. Who implements this technique? Although only the council or assembly has the authority to exchange, lease or sell municipal land, the staff often arrange for selections, sales, exchanges, purchases, or leasing. The staff's actions may be reviewed by a local commission appointed to oversee municipal land management. District Implementation Manual DAn Sept. 1988 PAGE 49 What steps are involved to implement municipal land management? 0 Most boroughs and cities have some form of municipal land manage- ment process in place. It may be a very formal and public process, or it may be informal, with sporadic sales or issuance of leases. 0 You can begin by talking with the staff person (borough or city manager) who has handled the previous transactions. Discuss with him or her how your CMP goals and policies can play a stronger role in municipal land selections, sales, and overall management. a Contact other district coordinators who can provide ideas of specific actions you can suggest within your own local government. 0 The steps for developing a municipal land management strategy are listed below: - Inventory all the lands the city or borough owns; - Use your CMP to identify areas which should be retained because of their high resource values or the need to control development; - For the remaining municipal land, determine which areas are developable and for what types of uses; - Decide which developable areas could be sold to private owners without detrimental impacts; - Decide when and in what order to sell these areas to private owners; and - Lastly, choose methods of sale or lease that your staff can handle and that the community favors: auction, sealed bid, exchange, lease, or competitive proposals, or applications. Overall advantages of municipal land management? Selection, purchase, or exchange of land can give a district control over key coastal resources. District Implementation Manual ;,DATE Sept. 1988 PAGE 50 A potential exchange of public land for private can give a district greater leverage with developers. Sound municipal land management harnesses valuable city or bor- ough resources for local coastal management. Coastal management policies may also provide guidelines for Native regional and village corporations to manage their lands. Overall disadvantages of this technique? � The organization of land sales and the individuality of lease agree- ments make them complicated, time consuming, and often expensive implementation tools. � Haphazard, adhocland sales may foreclose long-range options for the community. For instance... As an example of managing municipal land to enhance coastal resources, consider on-shore oil development. Leasing city-owned property to an oil company for development of oil support facilities may serve the company's needs and, at the same time, give the community control over the nature of the development. By leasing the site, rather than selling it, the community can spell out specific conditions to be part of the lease that can effectively control the activity. After the activity ceases and the lease expires, the community may take over the port and other former oil support facilities and convert them to fish processing or other uses. The Heritage Land Bank Advisory Commission (HLBAQ and their staff are responsible for managing the Municipality of Anchorage's municipal land. Their actions, over the past few years, have included: inventorying all municipal land, assigning each tract a parcel number, reviewing all relevant plans (including the Anchorage Coastal Man- agement Plan and Anchorage Wetlands Management Plan), indicat- ing how the plans direct the use of each tract, and making an end-use recommendation for each tract. District Implementation Manual DATE Sept. 1988 PAGE 51 � Adopting a land management plan for the Municipality's 4,700 acres in Girdwood. This plan recommends: - future uses; - lot configurations; - needed roads and utilities; - whether the tract should remain in public ownership or be sold; - the type of selling method most appropriate for the size, end- use, and public need for the tract; and - a schedule of sales through 1995 which indicates when each tract should be sold and how. � Exchanging public land for private land to obtain wetlands and other important areas. � Using revenue from land leases and previous sales to purchase wetlands and other areas. � Leasing parcels not needed for public use to private interests. This generates precious revenue, but allows for long-term municipal control. District Implementation Manual DATE Sept. 1988 pAGE 52 OMW . Implementation Examples Making These Ideas Happen We hope this chapter gives you many exciting ideas about how you can implement your district's CMP. But don't stop here! Talking to other district coordinators is invaluable. They can provide you with a sense of what worked for them and, just as important, what didn't. Of course, implementation techniques that work for one district may not be needed or accepted by another. You'll need to get a handle on what regulations or implementation strategies ygur district is likely to approve or support. Because you live and work in the district, you are already starting with a first- hand sense of what measures are needed locally, and what techniques will and will not work. To verify your impressions and to widen the range of realistic options, you can: � Ask your leaders! Meet with your mayor, CRSA board, assembly or council members, tribal council members, local or regional Native corporation board members, etc. 0 Read the back issues of your local or regional newspaper(s). � Read the files of the district coordinator who preceeded you. � Talk with the DGC and DCRA representatives assigned to your district. They have a good overall perspective. See "Key Players," Appendix B. Good luck, and let others know of your results! District Implementation Manual DATE Sept. 1988 PAGE 53 e 0 0 1District Implementation Manual 0 ,DATE Sept. 1988 PAGE 54 j i -@ff I -I '-,A I I , - I "I'll I a IIII(Wr7m, I M 4160. i a It V;, t . km EXAMPLE1 PARTICIPATION IN STATE AND FEDERAL PLANS City and Borough of Sitka The City and Borough of Sitka has participated in state and federal planning in two important ways: � The district formally entered into an agreement with DFG to conduct research leading to a coastal habitat evaluation. It was incorporated into the district's CMP as a portion of its Resource Inventory and Resource Analysis. � The district monitors all development proposals governed by the Tongass National Forest Land Management Plan and submits com- ments based on the proposed use and the relevant data in the plan. District Implementation Manual DATE Sept. 1988 PAGE 55 I 0 0 I I District Implementation Manual 0 'DATE Sept. 1988 PAGE 56 SITKA COASTAL MANAGEMENT PROGRAM REVISION April 22, 1988 Unapproved Draft Chapter III -- General Provisions E. ImPLEMENTATION AND COORDINATION (6 AAC 85.100) 1. Coordinated Permit Process Each district program must include a description of the methods and authority which will be used to implement the district program. The City and Borough of Sitka wishes to provide leadership in the wise management and use of its coastal resources without compounding the already confusing system of state and federal laws, regulations, controls and permits. The State of Alaska, recognizing the complexity of its various permitting requirements, coordinates the permit process through its Consistency Review Procedures. 2. Fish and Game Resource Inventory and Resource Analysis (6 AAC 85.050 and 85.060) To assist the Sitka District Program in rationally and prudently managing the coastal resources of the City and Borough of Sitka, the City and Borough entered into a YANwrandum of Understanding with the 40 Marine and Coastal Habitat Management Section of the Alaska Depaxtment of Fish and Game to conduct research leading to a coastal habitat evaluation. The study concentrated on the area between Katlian Bay and Goddard Hot Springs, where development pressures are most likely to occur in the foreseeable future. The Final Project Summary with Management Recommendations of the Sitka Coastal Habitat Evaluation is included as Appendix B and provides recamrendations in the overall public interest. Copies of this document are available in the Sitka Planning Department office. The Sitka Coastal Habitat Evaluation also meets the Alaska Coastal Management Program requirements for a Resource Inventory and Resource Analysis (6 AAC 85.050 and 85.060). 3. Thngass National Forest Land Management Plan With the exception of several small State selections and a few scattered private tracts, land ownership and control in the City and Borough of Sitka outside of the roaded area is exclusively Federal and consists of the Tbngass National Forest. This land is managed under the officially@adopted TONGASS NATIONAL FOREST LAND MANAGE= PLAN (TLNP). The City and Borough of Sitka will monitor development proposals within TU-1P and submit comments based on the use proposed and relevant data contained in TLMP. For example, a review of the Land Use Designations (LUD) will be accomplished when determining the suitability for a specific land use. 4. Local Implementation Authorities The implementation authorities for the Sitka Coastal Management Progr&n consist of the enforceable policies as stated within this document, as apply to specific land or water uses and activities within the coastal area, in addition, federal, state and local laws, regulations, and authorities a also used, wherever possible, to implement the goals and objectives of this program. EXAMPLE2 COOPERATIVE AGREEMENT FOR COASTAL CONSISTENCY REVIEW Bering Straits CRSA The Bering Straits Coastal Resource Service Area (BSCRSA) and the Sitnas- uak Native Corporation have a formal agreement, or memorandum of under- standing, concerning Sitnasuak's review of proposed projects. Key points are: who the CRSA should contact when the Corporation needs to be involved (the Sitnasuak Land Manager); � the responsibility of the Land Manager in reviewing projects; � the responsibility of the CRSA to incorporate the Land Manager's comments in the consistency recommendations and, if not, to indicate the reason to the Corporation; � the ability of other individuals to submit comments; � the timeframe for the Corporation to review proj ects and for B S CRS A to receive comments; and � representation of Sitnasuak at BSCRSA meetings when matters concerning the Corporation are addressed. District Implementation Manual DATE Sept. 1988 PAGE 57 0 0 IDistrict Implementation Manual 0 DATE Sept. 1988 PAGE 58 1 S*tnasuak 0 0 1 Native Corporation Post Office Box 905 - Nome, Alaska 99762 - (907) 443-5296 MEMORANDUM OF UNDERSTANDING MOU This Memorandum of Understanding (MOU) is entered into by and between the Sitnasuak Native Corporation, hereinafter known as Sitnasuak, and the Bering Straits Coastal Resource Service Area Board, thereinafter known as the BSCRSA Board. PURPOSE OF THE MOU: This MOU -is for the purpose of clarlifl%lin- +he relationship between Sitnasuak and the BSCRSA Board in implementing the Bering Straits Coastal Management Plan (BSCMP) and outlining the role of Sitnasuak as a Native Corporation in an affected community as reflected in Volume III, Chapter 6 Implementation of the Conceptually Approved Bering Straits Coastal Manage- ment Plan (CABSCMP). The basis for this MOU is that Sitnasuak is a Native Corporation that is im- pacted by the BSCMP and therefore has a strong interest in being actively involved in the implementation of the BSCMP. Since the overwhelming majority of Sitnasuak shareholders live in the City of Nome and cannot vote for represent- atives on the BSCRSA Board, this HOU will ensure that Sitnasuak's interests are adequately represented. BACKGROUND: The BSCMP has been under development since 1980 and a Conceptually Approved Bering,Straits Coastal Management Plan was adopted by the BSCRSA Board in September, 1986. That Document sets forth policies which, when adopted, will affect developments that require State or Federal permits on portions of Sitnasuak lands. The BSCMP also defines how the plan will be implemented. "Affected communities," which include village native corporations such as Sitnasuak, are specified at appropriate points throughout Chapter 6. Implementation and administrative policies in Chapter 5. Policies and as specified, "affected communites" are to be contacted and involved in the implementation of the Plan. AGREEMENT: 1) Local involvement in BSCRSA Board actions, including the role of "village contacts" are referred to in Volume III, Chapter 6, sections 6.4, and 6.6 of the CABSCMP. By this MOU, the village contact for Sitnasuak, for projects located within the area shown on the attached lHap-A, excluding the area within the boundaries of the Nome Coastal Managment Program, is the Sitnasuak Land Manager. 2) It is understood that interpretation of Bering Straits Coastal Management Plan (BSCMP) policies may occasionally result in recommended stipulations or special conditions to ensure that a proposed project is in compliance with the BSCMP Policies. The responsibility of the Sitnasuak Land Manager is to review and comment on proposed projects within the area shown on the attached @'-Iap-A, excluding the area within the boundaries of the Nome Coastal Managment Program and give the BSCRSA Program Director comments on a portion or all of the following: MOU/Page Two � possible positive or negative local impacts the proposed project may have � which, if any, BSCMP policies are applicable and why � special conditions or stipulations to make the proposed project consistent with BSCMP policies The above information will be incorporated into the draft consistency recommenda- tion prepared by the BSCRSA Program Director when preparing a response to the State of Alaska. If the review comments by the Sitnasuak Land Manager are not integrated into the draft consistency recommendation prepared by the BSCRSA Program Director, then the BSCRSA Program Director shall provide Sitnasuak with written justification of why Sitnasuak's comments were not integrated. 3) This MOU does not restrict the rights of any other affected communities, other village contacts, landowners, or any other interested party to submit comments to the BSCRSA Program Director on a proposed project. The BSCRSA Program Director will give special consideration to comments received from the landowner. 4) Comments by the Sitnasuak village contact will be submitted to the BSCRSA Program Director as expeditiously as possible, so that the Program Director has adequate time for preparing and submitting to the lead agency complete and comprehensive consistency recommendations. For review under the 40-day schedule, the BSCRSA Program Director will receive Sitnasuak comments no later than day 20 of the review; for reviews under the 60-day schedule, the BSCRSA Program Director will receive Sitnasuak comments no later than day 30 of the review. 5) The President of Sitnasuak will appoint a board member or shareholder to represent Sitna@suak at BSCRSA Board meetings when matters within the area shown on the attached Map-A, or otherwise concerning Sitnasuak are addressed. The BSCRSA Program Director will ensure that Sitnasuak is adequately notified of BSCRSA Board meetings and provided with appropriate information concerning the matters to be addressed. 6) This MOU does not negate or alter any statutory authorities or regulations of the Alaska Coastal Management P-c-1--am. 7) Either party entering into this MOU may terminate the MOU after giving 60 days notice to the other party. Entered into and agreed upon by the BSCRSA Board 117 (7 Date: nson EningowUV1 Chairman 17 n @so n I Entered into and agreed upon by Sitnasuak Native Corporation 0 Date: Robert L. FagersArom, President EXAMPLE3 COOPERATIVE AGREEMENT Bristol Bay CRSA This cooperative agreement between DNR, DFG, and the Bristol Bay CRSA is an example of a district working with state agencies to develop a commonly approved recreation management plan. The main points in this agreement are: � the need for this agreement; � formal and informal participants; � the geographic boundary of the areas being studied and discussed; � steps to accomplish the plan; � schedule for accomplishment of the plan; � roles and responsibilities of all agencies; and � budget. District Implementation Manual DATE Sept. 1988 PAGF- 59 I 0 0 0 District Implementation Manual _ I DATE Sept. 1988 PAGE 60 COOPERATIVE AGREEMENT BETWEEN ALASKA DEPARTMENT OF NATURAL RESOURCES (DNR) AND ALASKA DEPARTMENT OF FISH AND GAME AND THE BRISTOL BAY COASTAL RESOURCE SERVICE AREA BOARD FOR THE DEVELOPMENT OF THE BRISTOL BAY RECREATION MANAGEMENT PLAN SEPTEMBER 15, 1987 Backgroud and Statement of Agreement WHEREAS, the Bristol Bay Area Plan (BSAP) and the Bristol Bay Coastal Resource Service Area (CRSA) Coastal Management Plan (CMP) identify the need to prepare a recreation management plan for the Bristol Bay Region. WHEREAS, increased recreation use of the area has led to conflicts between users and concern about the ability of the areas natural resources to support more recreation use. THEREFORE, the Bristol CRSA Board (herein after the Board) the Department of Natural Resources (herein after DNRz0 the Department of Fish and Game (herein after ADF&G) mutually agree that they are jointly responsible for producing a management plan that serves as a DNR management plan and a CRSA Area Meriting Special Attention (AMSA) plan (herein after referred to as the management plan). Further, the parties mutually agree that this cooperative effort builds on past cooperative efforts and is the most efficient way to address the recreation issues of the region. Area Covered by the Agreement The Board, DNR and ADF&G mutually agree that because of the large size of the Bristol Bay Region and because issues differ within the region, the management plan needs to focus on specific management units of the BBAP. The areas that DNR, ADF&G and the Board mutually agree will be done first are the Nushagak- Mulchatna River drainages excluding Wood- Tikchik State Park. These are among the most heavily used recreation and subsistence use areas in Bristol Bay. Additionally, most of the lands in these drainages are either state or native lands. Land on the upper Milchatna River is state land while much of the land along the Nushagak River and the lower Milchatna River is owned by Native corporations and or Native allottees. While this plan will only deal with a limited part of the region, some of the issues dealt with in the plan will have broader implication for recreation management throughout the region, including management of recreation around Iliamna Lake and on navigable waterbodies within the Togiak National Wildlife Refuge. Outline of Planning Process, Objectives and Products. The Board, DNR and ADF&G agree that the goals of the cooperative agreement for this fiscal year are to complete all of the steps listed in this agreement and have the first draft of the agency review draft of a management plan for the Nushagak and Mulchatna drainages of the Bristol Bay Region written. The need for inventory work, public review of alternatives, and interagency coordination make it impossible to complete a final management plan this fiscal year. Agency and public review of a draft plan and production of a final plan will occur during FY 89 if funds are allocated. The Board, DNR and ADF&G mutually agree to complete the following steps within the schedule outlined below. DNR and the Board also mutually agree that these steps reflect a process that meets DNR's statutory requirements for planning and the CRSA's requirements for developing an AMSA plan. Step 1. Establishing Roles of Participants. July 1987 - September 1987 1.1 DNR, ADF&G and the Board mutually agree to determine the boundries of the planning area. 1.2 DNR and the Board agree to meet with the Native Corporation on Nushagak and Milchatna Rivers to explain the planning process and discuss how the plan can involve corporations. DNR and the Board agree to develop a cooperative agreement with corporations if possible to establish the corporations intent to cooperate and their role in developing the cooperative management plan for all lands in the planning area. 1.3 The Board agrees that CRSA staff will develop an introductory flyer summarizing the planning process and schedule contained herein with a map of the planning area. 1.4 DNR and ADF&G agree to review and approve the flyer. DNR agrees to provide graphic assistance in preparing the flyer, and print the flyer. 1.5 DNR, ADF&G and the Board agree to develop a mailing list for the flyer. CRSA staff will maintain the list and mail the introductory flyer. Step 2. Issue Identification. August 1987- November 1987. 2.1 DNR, ADF&G and the Board mutually agree to work with the advisory board (see section on participants for list of tentative advisory board members) to identify issues the plan should address. Because the BBAP and CMP have been done, the issues that this plan should address can be identified without holding public meetings. 2.3 DNR, ADF&G and the Board mutually agree that issues the plan may address include but are not limited to: - Mangement objectives and optimum levels of recreation use for the Mulchatna and Nushagak River drainages outside of the exsisting state and natural parks, including: the number and location of lodges and spike camps that should be allowed: optimum number of other commercial recreation operations and options for managing these operations; the roles of different land owners in providing land for these uses; - Aquistion and marking of public access sites, easements and campsites and identification of and propose solutions to trespass problem; - Recommendations for any land exchanges or legislative designations; - Conflicts among users of the River - The concept of setting aside a strip of land on both sides of the Nushagak and Milchatna Rivers as special management corridors or public resrve lands that would be managed entirely and exclusively for traditional and public recreational uses; 2.3 DNR, ADF&G and the Board mutually agree that the following issues have been resolved in precious plans and will not be reopened in the management plan: - The location and amount of state land disposals; - Remote cabins on state land (they are prohibited through the BBAP); - Changes to the mineral management provisions of the BBAP unless very site specific guidelines, mineral openings or mineral closings are needed; - Oil and gas leasing; - Management of land within Wood - Tikchik State Park; and - Agriculture or grazing. 2.4 DNR, ADF&G and the Board mutually agree that once the planning issues have been clearly defined, CRSA staff will develop and DNR and ADF&G and Board will approve a work program and schedule that defines products, tasks and schedule in more detail and consistent to the maximum extent possible with the steps and schedule of this agreement. The approved work programs and schedule will determine whether this agreement needs to be amended to reflect adjustments in the schedule. Step 3 Inventory. September 1987- December 1987. 3.1 The Board, ADF&G and DNR mutually agree to work cooperatively to produce needed resource inventories. 3.2 The Board agrees that CRSA staff will collect and map additional data and consolidate exsisting data needed to resolve issues identified is step 2 above. 3.3 DNR agrees to update existing land status maps, primarily by adding the location of Native Allotments, existing DNR permits or leases and 17 (b) easements. 3.4 DNR agrees to more accurately determine what authority it has to manage use of the water column and navigable waterbodies. 3.5 The Board agrees that CRSA staff will gather information on how private and federal land managers propose to manage recreation on rivers under their jurisdiction, so that the range of recreation opportunities being offered in the region can be assessed. For example, it may be that wilderness recreation opportunities are being adequately provided for in the Lake Clark National Park and the Togiak NWR. 3.6 DNR agrees to provide cartographic support for final inventory maps and reports. Step 4 Develop Management Alternatives. December 1987- February 1988 4.1 The Board, ADF&G and DNR mutually agree to develop management intent statements which define how an area will be managed, and land management alternatives for the planning area. Management intent statements and land management alternatives that address Native Corporation lands will be developed in cooperation with affected corporations. 4.2 The Board agrees that CRSA staff will schedule, organize materials for and co- chair planning team and advisory group meetings called to develop management intent and alternative ways of resolving issues. 4.3 The Board agrees that CRSA staff will prepare a document for public distribution that summarizes management intent and alternatives and analyzes impacts of the alternatives. 4.4 DNR agrees to work with CRSA staff in format and content of the alternatives document. The alternative document shall be reviewed by the advisory group and approved by DNR, ADF&G, and the Board before it is sent out for public review. 4.5 DNR agrees to provide cartographic support for the alternatives document and print the alternatives document. 4.6 DNR, ADF&G and the CRSA agree to develope a mailing list for the Dillingham, Aleknagik, Koliganek, New Stuyahok, Ekwok and Anchorage. Written comments will be actively solicited. Step 6 Summarize Public Comments. May 1988 6.1 The board agrees that CRSA staff will summarize and distribute to agencies and members of the advisory board public comments so that plan participants can understand public preference on various management alternatives when they work to reach consensus. Step 7 Prepare Agency Review Draft. June 1988. 7.1 DNR and the Board mutually agree to develop the plan format that meets the requirements for a DNR management plan and the AMSA plan. 7.2 The Board agrees that CRSA staff will schedule, organize materials for, and co-chair meetings of plan participants held to address public comments on alternatives and reach consensus on issues. 7.3 The Board agrees that CRSA staff will prepare with the assistance of DNR and ADF&G the first draft of the management plan. Further, the Board agrees that the agency draft will reflect planning team and advisory group consensus on those issues that can be resolved within the time frame of the approved schedule. Future Steps - Plan Completion The Board, ADF&G and DNR mutually agree that this cooperative agreement will be modified and extended in order to print the agency draft, provide agency and public review of the draft plan, and adopt and print a final plan during FY 89 if funding is recieved. Funds are not presently available beyond June 30, 1988. If the schedule of this agreement is met and the project recieves adequate funding in FY 89 the Board, ADF&G and DNR mutually agree a recreation managment plan can be completed for the Nushagak and Mulchatna Rivers by February, 1989. Plan Participants and Plan Approval The Board agrees to recruit and hire a project manager to prepare the plan. Prior to the project manager being hired, teh Board will get DNR's approval. DNR, ADF&G and the Board mutually agree that a planning team will be established to work with the project manager in preparing the plan. The team will include: Department of Natural Resources, Division of Land Management and Division, Sport Fishing Division and Game Division, and Bristol Bay Coastal Resource Service Area. DNR, ADF&G and the Board mutually agree that an advisory group will be established to develop issues, review products and give policy recommendations to the planning team and help the planning team resolve issues. The advisory group will include representatives from othe agencies, local governments, major landowners, and recreation interest groups. This group will include, but not be limited to: Bristol Cay Native Corporation; Ekwok Natives; New Stuyahok Native Corp., Koliganek Natives; Choggiung Ltd.; village councils from Dillingham, Ekwok, New Stuyahok and Koliganek; local fish and game advisory board members; representatives from the guiding industry, sport fishing groups, other recreation user groups, Lake Clark National Park and Preserve, and Togiak National Wildlife Refuge. DNR, ADF&G and the Board mutually agree that issues which can not be resolved by the planning team and advisory group will be elevated to the DNR and ADF&G Division Directors and the Chairperson of the Board, or his/her representative(s), for resolution. If this group can nor resolve the issue, the Commissioners and Chairperson of the Board will meet to resolve the issue. DNR and the Board mutually agree that each retains their respective authority and responsibility to approve the plan as a DNR management plan and a ACMP AMSA plan. Qualifications DNR and the Board mutually agree that: 1. Nothing in this agreement shall obligate any party in the expenditure of funds, or for future payments of money, in excess of appropriations authorized by law. 2. Each party agrees that it will be responsible for its own acts and the results thereof and each party shall not be responsible for the acts of the other party; and each party agrees it will assume to itself risk and liability resulting in any manner under this agreement. 3. No CRSA Board member or commissioner shall be admitted to any share or part of the agreement or to any benefit that may arise therefrom. 4. Each party will comply with all applicable law, regulations and executive orders relative to Equal Opportunity Employment. 5. Nothing herein is intended to conflict with federal, state or local laws or regulations. If there are conflicts, this agreement will be amended at the first opportunity to bring it into conformance with conflicting laws or regulations. 6. Policy and position announcements relating specifically to this cooperative agreement may be made only by mutual consent of the parties. 7. Upon termination of this agreement any equipment purchased for studies initiated in furtherance of this agreement will be returnes to the agency of initial purchase. 8. The effective date of this agreement shall be from the date of final signiature. 9. The termination of this agreement shall be June 30, 1988. However, any signatory may terminate its participation in this agreement by providing the other party notice in writing 30 days in advance of the date on which its termination becomes effetive. 10. Modification to this agreement may be proposed by any party and shall become effective upon approval of all parties. All modifications to this agreement shall be in writing and signed by an individual authorized to bind the parties herein. Budget DNR Contractual Printing 2,200.00 Graphics Staff Support 5,000.00 To Bristol Bay CRSA Board for Project Manager Salary 27,500.00 Sub-total 34,700.00 Travel/Supplies 5,300.00- Total 40,000.00 DNR agrees to reimburse the CRSA Board for staff time allocated to implementing the terms of this cooperative agreement. Payment will be made monthly upon, receipt of billings for work performed between the effective date of this agreement and June 30, 1988. Final billings will be submitted within 30 days of the end of the fiscal year. Total payments for DNR to the CRSA Board for fiscal year 1988 will not exceed $27,500.00. BBCRSA Personal Services 14,200.00 Contractual 3,300.00 Travel/Office 23,300.00 Total 40,800.00 ADF&G Personal Servi 32,200.00 Contractual 3,000.00 Travel/Office 4,700.00 Total 39,900.00 Approving Signatures APPROVED: APPROVED: Commissioner Chairperson Alaska Department of Bristol Bay CoastalResource Natural Resources Service Area Board Date Date APPROVED: Commissioner Alaska Department of Fish and Game Date EXAMPLE4 PUBLIC INVOLVEMENT Cefialiulriit Coastal Management District (Yukon-Kuskokwim CRSA) Brochure This brochure discusses important aspects of the Cefialiulriit Coastal Man- agement District: � location and coverage; � history; � purpose; � activities; and � accomplishments. Its important features are: � use of the word "we." It is written so that the reader feels immediately included in the district; � includes many of pictures and maps; and � is short and very readable. District Implementation Man ual DATE Sept. 1988 PAGE 61 I 0 0 1 0 District Implementation Manual DATE Sept. 1988 PAGE 62 1 For example, Cefialiulriit helped to do these things for the villages: � A proposal to mine platinum was Cefi'aliulriit Coastal permitted so long as the developer allowed access to a subsistence berry picking area Manniorement District and completed work on a reclamation plan for an anadromous stream. � A proposal to put an erosion control system in a village was permitted provided that the system would be replaced by the developer if it does not work. � A proposal to discharge wastewater into the Kuskokwirn River was permitted as long as a sign was put up to notify villagers not to drink the water within 25 feet of the drainage pipe. F ............. -A CENALIULRIIT Cefialiulriit will try to help any village that Coastal Management District needs support. We are here to protect your P.O. Box 1169 village way of life. If you know of any develop- ment project in your area that you think does Bethel, Alaska 99559 not comply with your way of life, or 543-2243 Cefialiulriit standards, please let the office know. We are here to help. 543-2274 Cefialiulriit Coastal Management District *.%41 represents 43 villages in the Association of Village Council Presidents (AVCP), Calista Region. Villagers began working on the program in 1979. The program became effective in March, 1985 after receiving local, state and federal approval. The District covers approximately 48,000 square miles, including Nelson Island, Nunivak Island and St. Matthew Island. YUKON We hold public meetings to explain . ...... . .. . .............. .. . ................. = development activities to the villages, and J". to hear what they have to say. J COAST-AL"%\@' We work with state and federal agencies to KUSKOKWIM make sure that the concerns of the villages J are considered. _J We work with developers to design stipula- r tions and other measures to make sure that development activities do not jeopardize ....... important fish and wildlife resources or the subsistence way of life. The Three Cehaliulriit Coastal Management Subdistricts Cefialiulriit's goal is to balance resource development and resource protection. We help ensure that wise resource development occurs which complies with.the subsistence way of life and the hunter-gatherer culture. Cefialiulriit works with the villages in many ways. EXAMPLE5 PUBLIC INVOLVEMENT Cefialiulriit Coastal Management District (Yukon-Kuskokwim CRSA) Newsletter A unique feature of the newsletter is that it is written in English and Yupik. District Implementation Manual -DATE Sept. 1988 PAGE 63 I I 0 0 IDistrict Implementation Manual ' 0 DATE Sept.1988 PAGE 64 j Coastal Management fialdulirdit District For the Yukon-Kuskokwim Coastal Resource Service Area P. 0. Box 1169 * Bethel, Alaska 99559 e (907) 543-2243 NEWSLETTER QANEMCIQ VOL. TWO NO. ONE FIRST QUARTER VOL. MALRUK NO. ATAUCIQ CIUQLIQ SALMON ENHANCEMENT PROJECT SALMON ENHANCEMENT PROJECT A possible King Salmon Project to start next year. This Taryaqvagnek caliaqillerkaq ayagnirciquq allamiku. project will increase the declining or once depleted Una caliaqumaciquq taryaqviit numanritlerkaat pitek- King Salmon in the Tuluksak River. Last summer Mr. luku Tuulkessaarn kuigani, tamaani ikgelingengata Jim Raymond from Alaska Department of Fish and mikullrat. Kiak una Jim Raymond-aaq calflria Alaska Game, FRED Division in Fairbanks did a study on the Dept. of Fish and Game-ani (FRED Division) Tuluksak River to see if it is feasable to incubate King Fairbanks-aarr@ yuvdrffimuq taryaqviit meluitnek Tliul- Salmon in the headwaters of Tuluksak River. Mr. kessaam. kuigan kangrani tukercetaariyugngallerkamek Raymond reported, "Investigations to date have indenti- - imillritnek-wa tamaavet ayaulluteng tukercetaari- fied several possible incubation methods in the upper yugngaciitnek. Waten Mr Raymond-aaq qanertuq Tuluksak River." With that report the project should tamana yuvrirraarluku, "Yuvriumallrakun tamatum and will continue. This is what's happening next year; nallunairtuq qaillun taryaqviit imillritnek tukerce- 1. The collection of hydrologic data will be in March taarillerkaq. " Nallunairillra tamana aturluku. waten cal- 1988. This measures the temperatures, flows, dissolved iaqillerkaq taryaqvagnek ciumurutnarquq. Allamiku oxygen and pH when the ponds are covered with ice waniwa caliaqumaarkat: and the flows are in their lowest. 1) March -1988-aami mer'em qaillun ayuqucia 2. Build and install the incubators the month of May yuvriumaciquq. Mer'em kumlatetacia cuqtaarluku, and June and laced them on the out fall channel of qaillun .carvanirtallra, cali allatgun qaillun mer'em p ayuqucia paqluku cikumallratni nanvarraraat carvaneq- the power plant in the tailing ponds. This will only be Ilu tukninritellrani. used for early development only. The eyed eggs then be transferred to the pond incubators sometime in 2) May-ami June-ami-Ilu tukercetaarissuutnek October. pililuteng makut-flu elliluki nanvardamun elagallritnun 3. Build and operate a weir on the upper Tuluksak mine-allret. Mer'em power plant-amek qurrlulriim River in June and July. The weir will count an accurate ketiinun elliluki. Tuk'nercirluki tuani ciumek. Tua-i- escapement of King Salmon in the Tuluksak River and Ilu iingaaralriit wall'u iingit alaigata nugtarrluki will also be used for collecting eggs for the incubators. anglicarvigkaitnun, nanvarraamun allanun. 4. The incubators will be monitored the months of 3) Neqet naaqessuutekaatnek pililuteng aturluku-Ilu August and September. The dead eggs will be picked Taulkessaam kuigan kangiqviini June-ami July-an-@-flu. up in late September and transferred the remaining eggs Uuggun assirluki naaqeciqluki qaillun amllertalriit to the pond trays. The incubators will be monitored taryaqviit kangitmurtellrat, cali meluitnek tukercetaar- throughout the winter. kanek tuani quyurcfluteng. Mr. Raymond proposed some funding for this project 4) Tukercetaarviit murilkumaciqut August-aami to continue to the Alaska State Legislature and to September-aami-Ilu. Meluut-Ilu piciurtenrilnguut Ce auvuumaluteng September-aam nangyartuilrani, tL'11-1 Bureau of Land Management (BLM). He is asking tukeryugngalriit taugaam uitavilinqiggluki allanun about $30,000 from both the legislatures and BLM. nanvarraarnun anglicarvigkaitnun. Tukercetaarviit-Ilu BLM said the grant for this project has been awarded murilkumaciqut uksurpak. to go forward next year. Cefialiulriit wants this project (Continued on page 5) to go on. If the project is successful we will look at the other remote streams to work on. I LETTER FROM THE PROGRAM MANAGER IGAA CESALIULRIIT MURILKESTUTNEK Dear Cefialiulriit Newsletter Readers: Waqaa Cefialiulriit Tuanemciata Naaqestiini: Happy New Year! Another year has past and what a Allrakuqegcisqelluci piamci. Maa-i-arn allrakuq kitu- year it was. This year the Newsletter is going to be qertuq caarkat-Ilu amllellruluteng. Mat'un-@ allrakumi different from what we have been doing. We will focus newsletter-aaq ayuqngaituq ciunganicetun. Qalarut- on the issues that Cehaliulriit has worked on or the kelarciqaput Ceiialiulriit aka caliaqellrit cali-Ilu maa- issues that we are still working on. i caliaqek'ngaput. The last quarter was busy. I attended the AVCP, AFN Icivarpak calianka amllellruut. Ilagautellruunga conventions and the Eskimo Walrus Commission quyurtaalrianun AVCF-nun, AFN Convention, Eskimo meeting. The board met in November at Bethel. The Whaling Commission-aanun-Ilu. Board-at-llu quyur- board has two new board members, Mr. Isaac Mute tellruut November-aami Marnterillerni. Malrugnek-llu from Kipnuk for Akomiut, Atmauthluak, Kasigluk, nutaragnek Board-at flangellruut ukuulutek Isaac Mute- Kipnik, Kongiganak, Kwigillingok, Nunapitchak, and aq Qipnermiu aipaa-wa Charles Nick, Pilot Station- Tuntutuliak and Mr. Charles Nick from Pilot Station aarmiu. Isaac Mute-am represent-ararkauluki Akul- for Andreafski, Fortuna Ledge, Mt. Village, Ohoga- miut, Atmaufluarmiut, Kassigluq, Qipneq, Kangirnaq, miut, Pilot Station, Russian Mission, and St. Marys. Kuigilnguq, Nunapicuar, TImtutuliar-11u. Nick-am-llu This quarter I will continue to work on the permit Andreafski, Fortuna Ledge, Mt Village, 0hogamiut, reviews as they arrive to the office. I will travel to Pilot Station, Russian Mission, St Marys-aaq-Uu. Maa-i district meeting sometime in this quarter when Division caliaqurciqanka inikut pissuryaram kalikartai (permit of Governmental Coordination (DGQ makes the reviews) office-aamnun-taiguralriit. Cali ayagciqua arrangements. I will continue to work on the issues and quyurtellrianun (District Meeting) Division of Gov- concerns we are working on and other new ones as they ernmental Coordination-aat (DGQ ayallerkaqa kituges- come. The issues like Marine Mammals, Yukon Delta katgu. Cali caliaqurciqanka cat qalarutek'laq'ngaput National Wildlife Refuge, Goose Management Plan. allat-Ilu nutarat taiguralriit. Ilakluki imkut unguvalriit mermi arenqiirtuutait (Marine Mammals), Yukon Delta Enjoy the new year and make the year something National Wildlife Refuge, Goose Management Plan- worthwhile as it goes by. at-11u. Kitaki allrakuq nutaraq angnirluci atuqiciu cali elhing- inaq aturpek'naku. Anna Phillip, Program Manager Anna Phillip Program Manager CERALIULRIIT BOARD OF DIRECTORS OFFICE STAFF CESALIULRIIT ATANRIT CESALIULRIIT CALISTAIT Fritz Beebe Eek Anna Phillip, Program Manager Paul Chimiugak Toksook Bay Cehaliulriit Murilkestii Homer Hunter Scarnmon Bay Phillip Guy Kwethluk Isaac Mute Kipnuk Nick Charles Pilot Station 2 BERING SEA RESOURCE ASSOCIATION BERING SEA RESOURCE ASSOCIATION Bering Sea Resource Association (BSRA) is up and Bering Sea Resource Association (BRSA) maa-i cali egler- away. BSRA is a 12 board of directors organization of tuq. Una BSRA ciuhqagcesteogqertuq (board members) qula 6 oil companies, 2 environmentalists, 2 Alaskan fish malrugnek cipluku. Arvinelgen kingunerluteng uquliul- groups and 2 Alaskan Natives. The organization wil rianek, malruk-wa nunarn qaingan elluarrluku auluku- have advisory committees. The advisory corrunittee will mallerkaanek calilriik (environmentalists), malruk-wa ne- qsuryaranek calilrianek, cali-wa malruk yuuk Alaska-rn-@iuk. have a big influence to the board. The board will make Cali ukut alerquasteFiek committee-nek pingqerciqluteng. decisions according to the information they receive Taukut alerquastet ayuqucirturtenguciqut board-anun, from the advisory committee. piyuumiutait-wa niicimaarkauluteng. Board-at tua-i egler- BSRA will monitor the activities in the Bering Sea. tarkauluteng taukut alerquastet piyullrat aturluku. The committee will try to draw up compromises to the BRSA-m kelluciiqaa Bering Sea-m imarpia - cat-wa calriit exploration and the drilling activities in the Bering Sea. tamaani kellulluki. Imkut-Ilu uqumek yuarluteng ukicflriit carnavet nunarn acianun qalarut'larciqait umyuallgutkengna- The committee has a voting process that goes like this. qluteng pillerkamek wall'u elluarrluteng pillerkamek If one group did not vote to pass the issue the vote is yuallratni uqumek imarpigmi. Waten vote-allerkaat ayuqlunj: dead. At least one person from each group has to vote Kingunellgutkelriit vote-autekenrilkatgu tauna piyuun piurr- to pass. For example, Alaskan Natives group is worried ngaunani. Vote-autekek'ngaat piurciiqluni atauciq group- and does not like what the other groups agreed on, they amek vote-aqan. Waten ayuqluni: Yuuk Alaska-rmiuk both decide to vote against it, the issue is dead. All umyuallguciutenrilkunek allanun board member-aanun, camun-wa vote-autekek'ngaatnun penggarutengqerqunek, the other groups may all vote or one may vote from vote-arpek'natek pikagnek, tauna vote-autekellrat piciur- the group to pass. The issue they voted on is dead, rngaunani. Tamarmeng taugaam vote-aqata wall'u king- because Alaskan Native group both voted against it. unellgutkelriik aipaak ilauskan vote-alrianun nutaan piyuun How did BRSA get formed? Back in 1985 the oil piurtarkauluni. companies and the environmentalists met in Morro Bay, Quaillun BRSA-q piurtellrua? 1985-aami uquliulriit inikut- Calif., to see if the organizations can agree on some- Ilu nunam qainganek kellucilriit (environmentalists) quyur- tellruut Morro Bay, California-mi arenqiirtungnaqluku thing they always disagree on. The issue came to try qaillun umyuaUgutekluteng pillerkarteng. Taukut Bering Sea- to compromise on Bering Sea. One of the consultants q imarpik qalarutekluku pillruut, arenqiirtungnaqluku-wa from Alaska that attended the meeting stopped them. qaillun umyuallguteklerkarteng picirkiuquneng. Taugaam He told them that the Alaskan Natives that live along Alaska-mek kingunelgem arenqfirturtern (consultant) ilagau- the coast will be effected and they need to be involved tellermini quyurtellratni taqevkallrui qanerluni yuut nutem in this process. That is when Cefialiulriit and Nunam yui Alaska-m tamatumun qalarutkellratnun agtuumaciq- niluki, cali ilagautnaqniluki quyurutiitnun. Tamaakenirnek Kitlutsisti from the Yukon/Kuskokwin Delta Region got CeTialiulriit Nunam-llu Kitlutsisti maaken Kusquqvagmiut involved. Kuigpiim-Ilu avategkenek yuut ilautengellruut tamatumun The group would meet in Lower Fortyeight then quyurutkellratnun. Cefialiulriit and Nunam kidutsisti representatives would Ukut quyurtelartut akmani state-ani tua-i-Ilu Cefialiulriit travel out to the coastal villages and inform the villagers Nunam-llu Kitlutsisti-ni ilagautellret nunacuarnun ayagaluteng qanrutekluku quyurtaallratni picirkiurat, cali what happened in the meeting and ask them for opinion apluki nunacuarmiut qaillun umyuarteqellratnek tamatum on the decision that was made in the Lower Fortyeight taqutellrata tungiinun tuani quyurtaallratni akmani, Taukut meeting. The meetings went on for eight months. After quyurtaarturallrulliniut iralurrluteng pingayunlegnek. Tuaten the negotiation was settled the group presented the arenqiirturturarraarluteng nutaan tamakut umyuallguciul- hgreements; to the Secretary of Interior for the five luteng taqellret tunellruit Secretary of Interior-aamun, years lease sale proposal. The group wanted to continue allrakuni tallimani uquliulriit picirkirluki uqumek yual- lerkaataek. Taukut quyurtaallret taum kinguakun calill- to go foward working together on the issues in the guteksugluteng piut uqumek yuarluteng imarpiluillerkaq Bering Sea. pitekluku. The BSRA Committee needs help with grants to go Una BRSA-m committee-ra ikayungcartuq akitgun. Elpet on. You can help by writing to your congressmen in ikayuucugngauten igarluki congressmen-aat Washington Washington D.C. The committee will be a big help to D.C.-mi. Taukcut committee-t wangkuta ikayuqciqaput. us. With the committee like BRSA nobody will bypass DWuqkumteki BRSA-t kina nallumtefii wall'u Hangcivkenata taqusngaituq alerquutmek. Waten pikumta i1agauchqukut us to make decision or make laws. We will be involved piyunarqucinek taqutellrianun tamana-Ilu ikavuutellerkar- in decision making and that is important. put arcaqalriaruuq. 3 COMMERCIAL AND SPORT FISH STUDY COMNERCIAL AND SPORT FISH STUDY IN YUKON/KUSKOKWBI DELTA IN YUKON/KUKSOKWIN DELTA Last year the village of Quinhagak made a movement Allragni Kuinerrarmiut kuimeggni Qanirtutirrii imkunek riding upriver on Kanetak River asking the sport tekilluteng tamaavet anglanfluteng manalrianek (sport fishermen to leave the river and stop fishing. The village fishermen) taqevkafiM-uut ayaasqelluki-Hu. Taukut Kui- of Quinhagak did not like what the Dept. of Fish and nerrarmiut assiflkellruat Dept. of Fish and Game-at Game did, closing the commercial fishing early on alerquutiit, umegluku akingengnaqluteng kuvyallrat King Salmon and sport fishing open. The villagers tamakut tawken manalffit umgutevkenaki. Taukut nunat didn't want to be the only ones to be effected, closing kiimeng tuaten pisqumanritellrulliniut, tamana aking- the commercial because the King Salmon run was low. engnaqluteng kuyallrat taqevkaumaluni taryaqviit mik- They said if commercial is closed, why not sport fishing unritellrat pitekluku. Qanerluteng urnkatgu kuvyastefiun too. ciin-gguq tamakut manaryalriit umgutenritatki. Sports Fishers and Dept. of Fish and Game on the other Thugaarn tamakut manaryatulit taukut-Hu Dept. of Fish hand were saying that sport fishing does not effect the and Game-at qanlliniut manalrianun taryaqviit low run of King Salmon because they catch and release mikunritellrat atanritnfluku, pitateng pitaqerraarluki the fish. The controversial started, the villagers believe ayagcet'laitki. Tuaten arenqiallugtellruut taukut nunat that when you catch the fish you take it home and umyuarteqngata kia neqa pitaqekuniu ut'rut'laryukluku eat it. Cefialiulriit is doing a study on this issue on nerluku-Ilu. Man'a arenqiallugun Ceiialiulriit maa-i commercial and sport fishing. Cefialiulriit wants a yuvriraat. Cali-llu yuvrillermeggni elluarrluki pillgu- cooperation from the villagers, sport fishermen, teksugluki taukut nunacuarmiut, allanek-Ilu tekflluteng guiders, and state and federal agencies. Cefialiulriit manaryatuht (sport fishermen), ayagacistet-Hu, (guides) wants stories, data, information from all parties. Tell wall'u state-ami anguyagtem-Ilu pistai. Cehaliulriit us your point of view of your values and interests. Why niicugtut qanemcinek wall'u nallunritnarqelrianek do you think it is important. canek tamatum tungiinun - kinkunek-wa qanerkang- qerqata nhcugluteng. Taumek nallunriceskicikut qaillun umyuarteqlerpece7nek tarnatum tungiinun, nallunairluku ca ciumurutnarqellria wall'u piyuun, cali tuaten ciin umyuartequcirpetun pillerkaq arcaqalriarucianek. WATER RIGHT'S WATER RIGHTS The board has been interested in water rights issue for Awkut cali board-at mer'em aturyagngalln camek quite some time. Native American Rights Fund arenqiallugutaunani (water rights) murilkengellruat (NARF) is working on this issue putting information akaamun. Ukut Native American Rights Fund (NARF) together to present to the board in the next meeting. man'a caliaqaat, cali nallunritnarqellriit mat'um tungiinun quyurrluki. Taukut quyurutkelteng mani- arkaugait quyurtenqigeskata Board-at. WATER QUALITY WATER QUALITY Ceiialiulriit has been involved with the other water users Cefialiulriit water-rights group-anun cali ilausngal- group who keeps a watch on the miners and state lrurtut. Taukut water rights group-at murilkilartut agencies. For the last couple of months the other water nunam tukuutainek yualrianek (miners) wall'u state-at users group has been informed by DEC what the miners pistaitnek. Maa-i awkugni iralugni malrugni allat water and DEC are doing. The miners worked on to revise user group-at DEC-m qanrut'lallinii qaillun tamak-ut the water quality standards. Now the draft revisions are nunarn tegglfinek wall'u tukuutainek yualriit pHlritnek, up for comments, anyone can comment on these drafts. camek-wa calillratnek. Cali DEC-m caliarteng tamakunun qanrutekluku. Tamakut nunam tukuutainek yualriit calillrulliniut pisqutkanek mer'em caarrl- uurtenritlerkaa pitekluku. Pisqut'liarit-Ilu rnaa-i igausngaut yuvriumaarkaurrluteng. Kina imna pis- qut'liaritnun qaneryulria piugngaluni. KUSKOKWIM AREA PLAN MINERAL KUSKOKWIM AREA PLAN MINERAL CLOSURE CLOSURE Cefialiulriit Board of Directors passed a resolution to Cefialiulriit Board of Director-aarit pisqutmek close nine streams in the Kuskokwin Area Plan to taqutellruut umgarkaurrluki qulngunritaraat kuiget mining. The resolution was sent to Dept. of Fish and Kuskokwirn Area Plan-ami nunam. acianek canek Game and Dept. of Natural Resources. The resolution yualrianun. Pisqun ayagcecimallruuq Dept. of Fish and got a response from the Dept. of Fish and Game. Dept. Game-anun, Dept. of Natural Resource-anun-Hu. Dept. of Fish and Game said their interest in closing the of Fish and Game-at-Ilu kiuluteng ellaita taukut kuiget streams to mining is in the area where the salmon spawn umegyugniluki yualrianun neqet tamaani imflaata. and rear. On the other hand Calista said they don't want Tawken Calista qanerluni umgucesqumavkenaki nunarn any streams to close to mining. The three now are cainek yuaryulriit kuigni. Maa-i tarnarmeng ukut working together to try to come up with something that calillgutkut piyuuteteng arenqigingnaqluki. all will be satisfied. SPECIAL NOTICE SPECIAL NOTICE Mineral Management Services (MMS) is sending pub- Mineral Management Service-aaq (MMS) ayagceciuq lic notice for scoping meetings for proposed St. George yugnun nallunairutmek qaillun quyureskuneng Basin Offshore Oil and Gas Lease Sale 101. Any pillerkarteog caliaqnaluku quyurutkekunegteggu St interested people should attend the meeting that is George Basin Offshore Oil and Gas Lease Sale 101-aaq. scheduled in Bethel, February 9, 1988 at Kuskokwin Tuani uqumek yualriit pillerkivllrat pitekluku College, Room 146. The meeting starts at 6:30 p.m. quyurciiqut. Kina imna tamatumun umyuangqerquni Come to this meeting and voice your opinions on St. quyurteliyarniartuq February 9, 1988, Kuskokwim George Basin Oil and Gas Lease Sale 101. This meeting College room 146 Mamterillerni. Ayagnirciqut 6:30-mi 0 is important, it effects our future. atakuni. Taikici quyurutkekatgu St George Basin Oil and Gas Lease Sale 101. Arcaqalriaruuq una ciunerkarput agtuumaciqngaku. (Continued from page 1) Mr Raymond-aaq-llu mat'um caliarkam akikaanek kaigallruuq waken Alaska State Legislature-aanek waken-Hu Bureau of Land Management-aanek (BLM). Kaigallruuq $30,000.00 an-dlertalriamek alerquuciur- teiiek cali-Hu BLM-aanek. BLM-aat-Ilu qanertut akinek allakarillruniluteng allamiku aturarkanek tamatum caliaqeflerkaata akikaanek. Ukut-Hu Cefiahulriit tamana taryaqvagnek tukercetaarillerkaq caliaqesqumaat. Waten man'a pillrat elluarrluni pikan allani kuiget kangritni cali tukercetaariciqut. 5 EXAMPLE6 PUBLIC INVOLVEMENT City of Whittier Newsletter This Whittier Coastal Management Newsletter is the district's first. It was written during the initial phases of the district's CMP development. Its goals were to explain: � what the CMP development process is about; � why a CMP is important to Whittier; � why residents should participate; � who the key players are; � project schedule; and . public meeting dates. It is written in clear language and speaks directly to the reader. Although the subject of your newsletter may be different, this newsletter's editorial tone may be applicable in your district. District Implementation Manual DATE Sept. 1988 PAGE 65 I -,N 0 0 1District Implementation Manual ' 0 DATE Sept. 1988 PAGE 66 j WHITTIER COASTAL MANAGEMENT NEWSLETTER COASTAL MANAGEMENT IN WHITTIER.... Boner You Than Us ...WHY BOTHER? A major now for the putting a district coastal management Whittier already has a Comprehensive Plan and the Alach program together is to malm a place for local values in state and Der-ar== of"NaturalRescia-ces is . gaPn=eWAI=zn fedr-ml permit =dew and plarining. The consultants worked in Sound Area Plan for state Ilands.. Whittier need another Whittier before and could write this coastal management plan? program ourselves; but they're still a bunch of Anchorage con- sultants. The input of Whittier residents is neccesary to insure Coastal Management Exists With or Without that the Whittier Coastal Management Program reflects the Whittier needs and characteristics of the community of Whittier. Your Alaska has a statewide coastal management program, nick- concerns and comments are important. named the ACW (sw the other article in this newslew). This program, with its standards and guidelines, is already being Fill Out the Attached 0"lonnalre used for suite and federal permit and planning activities. There is a questionnaire attached to this newsletter. Please Without a local district coastal management prograrn, Whittier take the time to fill it out and rotum it City Offices or the other must take the role submitting public comments on coastal con- locations mentioned. The results of this amy will provide the sistency determinations, rather than participating directly the. City with ideas and attitudes regarding your community and consistency determination. use of coastal areas. The Planning Commission will use this in- formation for several. purposes. The Ent is to develop a state- The Benefits of Local Participation ment of issues, goals and objectives for the coastal plan. Law Coastal management does not provide complete local con- in the planw-ng process, survey information will also help 1) trol over activities that occur in a coastal disiriCt. However, it i*,wfy areas within die city that should receive special plan- takes local residents from the role of maki g public comments ning consideration, and 2) develop policies used to guide on a state or federal activity, where they have limited voice in development. the decision, to actually participating in decision making. By forming a coastal district and participating in coastal Meetings: Give Us A Piece of Your Mind management, local residents get the following benefits: The project team will be holding at least three meetings on 1. Through their approved coastal plan, it allows this first phase of the Whittier Coastal Management Plan: two the Weal residents to develop the "rules" (the meetings with the Planning Commission (open to the public) plan's policies) with which federal. State, and local and we general public meeting. The purpose of these meetings activities must be consis=L am present dieft results for review and comment, and outline 2. Coastal mans, ement provides local residents with a plannin options. We need public comment to make sure the Wong and legally defined role in the consistency direction of the program is not off base. Look at it this way- process, their input cannot be ignored. your time spent on the program now may save you a trip to yell 3. An approved plan is legally binding on federal, at some= in city hall later. The tentative dates for public suite, local and private activities that am subject to meetings are listul below under Phase I Milestones. coastal management; such activities must be consistent with an approved local plan. PHASE I OF THE PROGRAM Your Consultants VAMs In a Coastal Management Program? The City has hired some conmiltants to help put together the A coastal management program must contain the following coastal management program. They am Gordon Lewis of elements: Community Planning, Jon Isaacs of Jon Isaacs and Associates, 1. Issues, Goals, and Objectives- presents the needs and Jim Glaspell of R=x= AzWystL Both Gordon and Jon and concerns of die people of the coastal area, have worked on other Wluttier projects, and the team has ex- and the program goals and objectives that address perienceon twelve coastal mansk ement programs. Their job is thern. to make sum the program ad local needs and concerns 2. S_ describes the area covered by while following the State guidelines for preparing district the coastal management plan and how it was 0 plans. They will also assist in obtaining agency approval of the determined. program. 3.'Resource Inventocy and Analycia- discusses Lhe coastal district resources WE NEED YOUR HELP_ 4. SubW U - lists the uses and activities subject to the coastal management plan and uses areas municipalities and districts have decided it worthwhile to go important to the CRSA. through the process. 5. Policies are the "enforceable" rules of the coastal management plan, and are used to FOR MORE INFORMATION determine the consistency of uses and activities For more information on the Whittier Coastal Management with the plan. Program, you can contact the following people: 6. Implementation-describes bow the State of Duane Dvorak Alaska and the city work together in the consis City of Whittier tency determination process, including the role of P.O. Box 608 local communities and landowners. Whittier, Alaska 99696 7. Areas Meriting Special Attention-includes the 474-2327 potential AMSA's designated in the plan. Gordon Lewis Project Schedule Community Planning This is the first phase of Whittier's coastal management 3605 Arctic Blvd. Box 2292 program; it will be completed by June 30th. Phase 1 will in- Anchorage, Alaska 99503 clude the first four prgram elements (listed above) and options 274-9719 for the fifth and sixth elements. The schedule for completing Phase 1 is presented below: THE ALASKA COASTAL MANAGEMENT 1. Scoping Session with Planning Commission- early PROGRAM January 2. Needs, Goals and Objectives(draft)- late February 3. Resource Inventory and Analysis- late February WHAT IS COASTAL MANAGEMENT? - March 4. Coastal Boundaries- mid-April In a Nutshell... 5. Draft Phase I Report- mid-May Coastal Management is ajoint planning effort by local, state 6. Policy and Implementation Options- early June and federal governments and the private sector to manage coas- 7. Final Phase 1 Report- late June tal resources and promote their wise and balanced use. For the people of Alaskan communities, it is an important opportunity WHAT COMES NEXT for meaning full participation in federal and state decisions that The next step after Phase 1 is to complete the policies, im- affect their live& Coastal management works by requiring cer- plementation, and AMSA elements, and then prepare a Public tain types of activities that need federal or state permits or ap- Hearing Draft of the Whittier Coastal Management Program. provals to be consistent with approved local district coastal The Public Hearing Draft is the first formal document released managment programs. for public and agency review; at least two public hearings must be held on this document. Depending on state funding, a Pubilc Coastal Management 101: A Brief History Hearing Draft could be available in the fall of 1988. Based on In 1972, recognizing the need for sound management and the comments received on the Public Hearing Draft, changes conservation of the nation's coastal resources, Congress passed are made and the City Council must give Concept Approval to the Coastal Zone Management Act (CZMA). The CZMA es- the revised Coastal Management Program. Concept Approval tablished a national program to provide for the management, could take place by early 1989. beneficial use, protection and development of coastal land and water resources. The federal program encouraged states to PUBLIC MEETINGS develop their own coastal management programs in response to the need for coastal resource planning. Federal agencies am January 13- Scoping Session with Planning directed to conduct or support activities directly affecting the Commission coastal zone in a manner that is consistent, to the maximum ex- March 11- Review of Draft Chapters with tent practicable, with applied state coastal management Planning Commission programs. April 15- Public Hearing on Survey Results, The State of Alaska passed the Alaska Coastal Management Boundaries and Inventory/Analysis Act in 1977, which provides for a state coastal management May 27- Direction from Planning Commission program (ACMP) based on a partnership of shared state and on Policies and Implementation local management responsibility. It provides for the develop- ment of local district coastal management programs. The ACMP created the Alaska Coastal Policy Council, which in- After local concept approval, the coastal managment cludes 9 members from local government and 7 representatives program is submitted to the State for approval by the Coastal of State agencies. The standards and guidelines adopted by the Policy Council; this review and approval process takes a min- Council serve as both minimum requirements for preparing dis- imum of three months. Finally, the State Approved Program is trict programs and for determining the consistency of projects submitted to the federal government for their approval. After in areas where no local programs have been prepared and ap- jumping through all these hoops, federal, sate and local per- proved. mits must be consistent with the Whittier Coastal Management Progam. This may sound like an ordeal, but 23 other Alaskan HOW DOES IT WORK? Volume 1, Number 1-February 1988 Permit Reform Local Residents and Developers: Participants All Coastal Management is tied to the State Permit Reform Along process, which creates a one-stop permit review and approval 7be ACUP requires extensive opportimities for public par- procedure for state and federal permit applications. 7be coas- ficipation throughout the process of preparing a district coastal tal management Consistency Review is part of this process. It mensk ement program. Public comments an evaluated by both does not create a separate, extra permit; any conditions for the Coastal Policy Council and NOAA during program review malang a proposed action consistent with a cDastal manage- and approvaL Take the opportimity to participate early and ment prograrn are attached to any mate or federal permits the often in preparing the district program. proposed action requires. Because die Cmistency Review talm place within the Permit Reform schedule for issuing other FOR MORE INFORMATION ON THE statepermits, coastal managementadds no extra time to the per- ACMP_. mit approval process. Ifyou have further questions about the Consistency Review Process or the Alaska Coastal Management Program or the Review 71mellne ACMP, contact Permits and coastal consistency we reviewed on one of two Division of Governmental Coordination dmdineL- a 30 Day timeline and 50 Day timeline. the type of P.O. Box AW permit dictates which timeline applies. 431 North Fhmklin Sum Juneau, Alaska 99811-0165 WHO ARE THE PLAYERS? 465-3562 Local Government: the Coastal District District coastal management programs are developed by local residents and re-flect the issues, resources, and policy guidance unique to a specific district. 17hese program are prepared by municipalities, or, for regions outside organized local governments, by elected Coastal Resource Service Area Boards. The district programs prepared are subject to review by the public and state and federal agencies, and approval by the local coastal board, the Coastal Policy Council, and the federal governmenL Since the creation of the Alsksk- Coastal Management Program, 23 municipalities and CRSA's have prepared district coastal management programs and received state approval. Once it's program is approved, the coastal district has "due deference" or expertise in the interpretation and application of its program. This means the district's interpretation of its policies are important in the consistency determination. and contrary determinations by other review agencies must be thoroughly justified. State Govemment: Review and Approval Several state agencies have )my roles in developing coastal management program and participating in the consistency de4ermination. They include the Office of the Governor, Division of Governmental Coordination (DGC); Alskske Department of Environmental Conservation (DEC); Alia" Department ofFish and Game (ADFG); and the Alaska Depart- ment ofNatin-al Resources (DNR). 7bese agencies have the op- portunity to review a district coastal management program as it is being prepared and make comments. Any problems that state agencies have with a district program must be resolved before the Alaska Policy Council approves a district program. Federal Government: More Review and Approval After the Coastal Policy Council gives we approvaL a dis- trict program is submitted to the Office of Ocean and Coastal Resource Management within NOAA for federal approval. Once approved, federal actions must be consistent with the dis- trict program. EXAMPLE7 PUBLIC INVOLVEMENT Bristol Bay CRSA Bristol Bay CMP User Guide This 11 -page document highlights key aspects of the District's CMP. Its purpose is to help local residents and representatives of development groups within the district understand: � what management of the Bristol Bay coastline involves; � the role of the CRSA in coastal management; � the boundaries of the CRSA; � the goals and objectives of the CMP; * the permitting process; and � the importance of public participation in the review of proposed projects and in enforcement of permit stipulations. A fold-out map in a pocket of the guide indicates the geographic extent of the district's boundaries. District Implementation Manual DATE Sept. 1988 PAGE 67 I 0 0 1 0 District Implementation Manual DATE Sept. 1988 pAGE 68 1 low, --mom amam (Moto by Mark Weber) Drf(t giUriet vessels leav&ig Dillingham's sn=U boat harborfor an opening irt Ow Bristol Bay sabrionftshery BRISTOL BAY COASTAL MANAGEMENT PROGRAM User Guide 'rbis document was produced under the direction of the Preparation Team Bristol Bay Coastal Resource Service Area (cRsA) Board: Perry Adkison, Chairman Dillingham Joe Clark, Vice Chairman Clark's Point Ron Aaberg, Secretary /Treasurer Pedro Bay Tim Hostetler. Director Randy Briggs Ugashik Sue Flensburg, Planner Wally Gust New Stuyahok Alice Ruby Dillingham June, 1987 Fritz Sharp Twin Hills The preparation of this document was financed in part by funds from the Alaska Coastal Management Program and the Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration, U.S. Department ofCommerce. It was administered by the Alaska Department of Community and Regional Affairs, Division of Municipal and Regional Assistance. tol .nn Coa,ial Rv,our,c Ar-i Table of Contents Introduction ................................................................................................I Management of the Coastline .......................................................................2 The Coastal Boundaries ..............................................................................5 The Framework of Coastal Management ......................................................6 The Permitting Process ................................................................................8 Public Participation ................................................................................... 11 Tables Table 1 Breakdown of the Goals and Policies of the BBCMP ......................7 Table 2 Federal and State Permits Reviewed for Consistency with the BBCMP .................................................9 Maps Map I Coastal Boundaries ................................. Pocket inside back cover Acknowledgements The text of this document was written by Tim Hostetler. Typesetting, graphics, page composition and printing were aU done electronically byTimeFrame, Anchorage, Alaska. Finally, the participation by people of the Bristol Bay region is much appreciated. Bristol Bay CRSA Board Box 849 Dillingham. AK 99576 (907) 842-2666 or 842-2667 INTRODUCTION The Bristol Bay region is one of the most culturally and physically diverse areas of Alaska. Three major ethnic groups inhabit the area: Yupik Eskimos, Aleuts; and the Athabascan Indians. Coupled with these groups are a sizable portion of residents of Scandinavian and Italian descent. whose forefathers appeared when the commercial fishery in the Bay began in the late 1800's. Physically, the varied nature of the region is primarily due to its enormous size -- approximately 40,000 square miles. A variety of geologic processes have shaped the region's physical features, which range from volcanic mountains to coastal lowlands. Interspersed within these different landforms area multitude of waterbodies which differ in size from 1. 115 square mile Iliamna Lake (the largest lake in the State of Alaska) and the 14, 100 square mile Nushagak River drainage basin. to small streams. This great amount of freshwater and associated habitat provides the Bristol Bay region with a large amount of fish and wildlife resources that are recognized internationally. The Pacific salmon is a fish resource which is an intricate part of the local economy and lifestyle. It supports not only the local residents, but also, people that live outside of the region and the State. Wildlife resources, ranging from land and marine mammals to waterfowl, are also Important. Federal legislation adopted in the last sixteen years has greatly changed the lan- downership patterns in the Bristol Bay region. The Alaska Native Claims Set- tlement Act (ANCSA), enacted in 197 1. resulted in the transfer of land from the public to private ownership. Through the 1980 Alaska National Interest Lands Conservation Act (ANILCA), a large amount of federal land was designated as conservation system units (parks, monuments and refuges). Finally, many of the land selections of the state have also been placed in specific designations. Examples are Wood-Tikchik state park, the Walrus Islands state game sanctuary, as well as a number of critical habitat areas. As with the des- ignations of federal land, these changes have affected the types of resource man- agement that are utilized. The value of this cultural and physical uniqueness that the Bristol Bay region possesses is the reason why management programs have been developed. The three levels of government participate in different ways to help use and protect it. Through these efforts are not only the resources themselves sustained, but also, the human activities which are dependent upon them. This usergulde Intendsto introduce both local residents and the representatives of development groups as to what management of the coastline in Bristol Bay entails and the specific role that the Bristol Bay Coastal Resource Service Area (CRSA) Board has in participating in the making of decisions affecting the man- agement and use of the region. 0 MANAGEMENT OF THE COASTLINE It has only been in the last 15 years that the federal government legally recognized the importance of the nation's coastline. 'Me increasing misuse of this valuable part of the country resulted in the enactrnent of the Coastal Zone Management Act (CZMA) In 1972. This law provided direction and financial help to all coastal states in the development of coastal management programs. In 1977 the Alaska legislature followed the federal government's lead and passed the Alaska Coastal Management Act (ACMA). Through the preparation of the Alaska Coastal Management Program (ACMP), which was federally approved in 1979, the administrative means for putting the intent of the ACMA into practice was accomplished. Both the CZMA and ACMA recognized the importance of allowing local govem- ments to participate in coastal management. The ACMP set up the framework from which the preparation of local coastal management programs could begin. Once approved at the state and federal levels, these local programs became a portion of the ACMP. Two separate groups were specified in the ACMA- organized jurisdictions such as cities, municipalities and boroughs: and those areas in the unorganized borough. In this case, areas encompassing rural education attendance areas (REAN, located within the defined coastal boundary in the ACMP, could be organized into coastal resource service areas (CRSA). The residents of Bristol Bay voted to form a CRSA in October of 198 1. The area includes all of the Southwest and Lake and Peninsula School Districts (REAA 6 & 7). as well as the City of Dillingham. The ftrst CRSA Board was elected in January of 1982. It is composed of seven members representing each of the `4@ =1 7-3. --77 77-5- (Photo by Ken Taylor) 2 7he valage of New Stuyahok on the Nushagak River, with the Russtan Omhodox churc@L 114 41@ One of the many moose which trihabft the Bristol Bay regfort. (Photo by Mark Weber) following areas of the region: the Alaska Peninsula, niamna Lake. Nushagak River drainage, Nushagak Bay and Togiak subareas; and two representatives from the City of Dfflingham because of its population size compared to the rest of the region. The Bristol Bay Borough (which includes the communities of Naknek, South Naknek and King Salmon) has developed and administers its own coastal management program. A coastal management program for the region was then prepared. Three separate publications were produced: An Introduction to Coastal Management in Bristol Ba ; Volume 1. Resource Invento ; Volume 2. Management Plan. All of these were distributed to state and federal agencies, private interests who had expressed interest in coastal management, as well as local governments. Numerous meetings in the region'sviflages tookplace in orderto explain the pur- pose of coastal management and receive local opinions on how it was felt that the coastal area should be managed. The Bristol Bay Coastal Management Program (BBCMP) was approved by the Bristol Bay CRSA Board in September of 1984. After review by many different public and private Interests, the state's Coastal Policy Council approved the BBCMP on February 6th of 1985. The final step in the development of the BBCMP was approval from the federal government. For the first time since the ACMP was approved. the federal De- 7 4k, partment of Commerce found that the addition of a local program to it was a sig- nificant amendment. This resulted in a review process which took two years to complete; included in this were a number of program revisions. Finally, in early February of 1987, the BBCMP received federal approval. With filing by the Lt. Governor on the I 7th of February, it became a portion of the ACMP and assumed the status of law. 3 pay noq;m3 vuMtijlnN atp fo uo;3jod V (.iolAikL uaX Aq cy4otW TZ -7; IW ol -:A:, 4 AW V 80" n Lei 4k@ 49 4f AIR 4L 4b *.Xft. uj- Id zi4r X.11 fix L-IE *44 - THE COASTAL BOUNDARIES Although the Bristol Bay CRSA includes all of the previously mentioned school districts, this does not mean that any activity taking place in the entire region Is automatically reviewed under the BBCMP. Only land and water activities in, or which directly affect, the "coastal area" will be subject to the program. It was the responsibility of the CRSA Board to define the boundaries of this coastal area and follow state and federal coastal management laws and regulations in doing so. 7be State of Alaska developed the original coastal area boundaries during the preparation of the ACMP. It basically followed specific elevations. 7be 200 foot level was used on the Bristol Bay side of the Alaska Peninsula, with the 1000 foot level on the Pacific side. 7be offshore coastal area goes seaward to three miles. where federaljurisdiction begins. It was understood at that time that the inland coastal area boundaries were general and that they could be expanded upon during the development of local district programs. Due to the extreme importance of fish and wildlife resources existant in the re- gion. the Bristol Bay CRSA Board enlarged the coastal boundaries. Included beyond the original ACMP boundaries were all the lakes, rivers and streams designated by the Alaska Department of Fish and Game as anadromous (containing salmon) waterbodies. Any activity taking place on these salmon waterbodies and within one mile of each bank is reviewed under the BBCMP. Also, all smaller streams which empty into these designated salmon waterbodies and a two hundred (200) foot corridor from each bank will be a part of the coastal area. Map 1 generally shows both the interim coastal boundary and the extension approved by the BBCMP. Greater scale maps are available at the Bristol Bay CRSA office. Activities taking place in this coastal area, and which require permits from the state and federal governments, will be reviewed against the BBCMP. Agree- ments between the state and federal governments specify which activities must undergo a consistency review. Lands which are owned or held in trust by the federal government are not a part of the coastal area. However, activities which directly affect the coastal area, and the resources that depend upon it, must be consistent with the BBCMP. This includes all federal, state and private land. -a- 4L E7= JP PA ! -4. (IPhotwo by Upchak) Conunercial recreation in the BrisW Bay region is a growing activity. Pictured above are sporyishemien on the Mulchatna River 5 THE FRAMEWORK OF COASTAL MANAGEMENT The Bristol Bay CRSA itself does not have any permitting authority. As a result, the coastal management consistency reviews occur during the application process for federal and state permits. The goals, objectives and policies contained in the BBCMP provide direction for the CRSA Board in the making of coastal management consistency determina- tions. Goals state the general intent that the Board uses in making determina- tions. It is the objectives which more specifically address what information is needed, and the methods that can be used, in order for the goals to be met. Finally. the policies are the enforcable part of the BBCMP which are used In justifying the determination by the Board. Table I shows a breakdown of the goals and policies that are a part of the BBCMP. 7.4 imp IL JWPP- - f ,e .1 _rp e@ JPhoto by Mark Weber) Ash drying racks at the Lewis PoLntftsh carv on the Nushqgak River. 6 Table I - Breakdown of the Goals and Policies of the B13CMP Goals IL. Fish and WUdUfe Maintain and enhance the natural productivity of fish and wildlife populations and habitats. 2. Subsistence Maintain the opportunity for continuation of the subsistence lifestyle in the Bristol Bay region. S. Settlement and Maintain opportunities for the expansion of existing communi- Coastal Development ties and the location of new resource development facilities in low hazard areas that will not lead to significant adverse impacts to fish and wildlife populations and habitat. 4. Oil and Gas Maintain opportunities to explore and develop the region's oil and gas resources in a manner that will benefit the region's residents and will not adversely impact fish and wildlife popu- lations and habitat. 6. Minerals Maintain opportunities to explore and develop the region's mineral resources in a manner that will benefit the region's residents and will not adversely impact fhish and wildlife populations and habitats. 6. Transportation Upgrade the existing transportation system to improve safety and better serve the region's needs. Maintain opportunities for future resource development which will not adversely impact fish and wildlife populations and habitat. Maintain the region's separation from the state road system. 7. Energy Encourage the conservation and efficient use of energy, as well as the development of cost effective renewable resource-based energy ststems that will not adversely impact fish and wildlife populations and habitats. S. Recreation Maintain the region's wide variety of high quality recreational opportunities in order to meet the needs of local residents as well as state, national, and international visitors. 9. Historic/ Preserve the important historic and archaeological sites and Archaeological artifacts of the region. Resources Policies I . Coastal Development (8 policies) 2. Geophysical Hazards (I policy) 3. Recreation (1 policy) 4. Energy Facilities (12 policies) 5. Transportation and Utilities (6 policies) 6. Fish and Seafood Processing (2 policies) 7. Timber Harvest (1 policy) 8. Mining (8 policies) 9. Subsistence (I policy) 10. Habitats (9 policies) 11. Air, Land. and Water guality (2 policies) 12. Historic and Archaeological Sites (2 policies) Note: This provides a general breakdown on the uses and activities that have policies developed for them. The management plan (Volume 2) of the BBCMP contains the specific wording for each policy. 7 THE PERMTTENG PROCESS Many activities take place in the coastal area of the region which are reviewed for consistency with the BBCMP. They vary from the construction of a road across wetlands to the construction of commercial recreation facilities. In all cases the impact of a project on fish and wildlife populations and habitat as well as traditional uses is reviewed for consistency. Thus, they must apply for, and receive, permits in order to proceed. In some cases it may be necessary for a developer to obtain a number of permits in order to proceed. The coastal mangement consistency review process is one where are all of the needed permits are evaluated at the same time. Thus. the CRSA Board must interact with different federal and state agencies during the review as well as the project applicant and the local population which may be affected by a project. This is a very positive point -of coastal management, as it provides for a comprehensive review of a project. Table 2 lists the federal and state permits which go through the coastal manage- ment consistency review process. As can be seen, each permit deals with a spe- cific part of the physical, biological and human environment. The consistency review process places state permits into three categories. Following is a brief discussion of these categories. First of all are those permits referred to as categorically approved. They do not have an adverse impact on the resources of the coastal area and are automati- cally approved. Second are those that have been generally concurred with. In this case the projects are routine in nature and can be made consistent with coastal management by requiring that standard rules (referred to as permit stipulations) are a part of the permit. Third are the permits which require an individual consistency review. Con- tained in this category are those which allow for activities to occur which have the greatest potential for causing harm to the coastal area and its resources. It is during the review of these applications that the CRSA Board can place specific stipulations on a permit. It is through the permit applications that the CRSA board is informed of the exact type and location of a project. There are regulations which federal and/or state agencies must follow in administering their permitting authority. After commu- nication with the developer and local residents, a determination can be made on whether the project is consistent with the BBCMP. Some actions which are beyond these permitting activities are also reviewed under the BBCMP. Included are the development of resource management plans for specific designations under federal and state laws. In regard to conservation system units these include: federal parks/monuments (Katmai, Lake Clark and Aniakchak), and wildlife refuges (Alaska Peninsula, Becharof, and Togiak); and the state park (Wood/Tikchik). Other plans include the federal Bristol Bay Regional Management Plan and the state's Bristol Bay Area Plan. is Table 2 - List of Federal and State Permits Reviewed for Consistency with the Bristol Bay Coastal Management Program Federal Permits Department of Defense: (Corps. of Engineers) 1. Permits to place and oper-ate fish traps, weirs, or ponds in coastal and navigable waters. 2. Permits for structures or work affecting navigable waters. 3. Pern-dts for discharges of dredged or fill material into navigable waters (under section 404 of the Clean Water Act) Department of Energy: (Federal Energy Regulatory Commission) 1. Permits for non-federal hydroelectiric project and transmission lines 2. Certificates of public convenience and necessity required for the con- struction and operation of natural gas pipeline facilities. including LNG terminal facilities. Environmental Quality Commission: (Environmental Protection Agency) 1. Permits for pollution discharges (under section 402 of the Clean Water Act). Department of Interior: (U.S. Fish and Wildlife Service) 1. National Wildlife Refuge Special Use Permits. (Mineral Management Service/Bureau of Land Management) 1. Outer Continental Shelf oil and gas exploration and development plans. 2. Right-of-way approvals for pipelines on the OCS. 3. Coal exploration and mining plans 4. Plans of operations for geothermal development 5. Mineral Prospecting permits State Permits The following does not contain a of the permits contained in the ACMP listing for individual project review. Only those that have been applied for in the Bristol Bay region and those that have the likelihood of being applied for in the future are listed. Department of Environmental Conservation I .Air Quality Control Permit 2. Solid waste management permit 3. Reclassification of waters of the state 4. Waste disposal permit 5. Section 401 of the Clean Water Act certification for the discharge into navigable waters. 6. Oil discharge contingency plans for offshore facilities and onshore fuel stor-age facilities with a capacity of greater than 10.000 barrels. 9 Department of Natural Resources 1. 71mber sales greater than 160 acres. 2. Sales of land by auction or lottery. 3. Homesite disposals. 4. Lease of state land. 5. Lease of tidelands. 6. Right-of-way or easement permits for roads. trails, ditches. pipelines, drill sites, log storage. telephone or transmission lines. 7. Material sales, except sales from approved upland sources. 8. Water use permits for water withdrawals from wells for 5000 gallons per day or more. 9. Water use permits for withdrawals from lakes and streams for 1000 gallons per day or more, except for withdrawls from sources classifled as categorical approv- als. 10. Oil and gas lease sales. 11. Offshore mining prospecting permit. 12. Offshore mining lease and sales. 13. Upland mining lease. 14. Production licenses to authorize commercial production from mining claims. 15. Approval of plan of operations or plan of development on leased lands. 16. General land use permits. 17. Mdeland permits. 18. Miscellaneous land use permit for Geophysical Exploration and mining explora- tion and activity. Department of Fish and Game 1. Anadrornous stream permit. 2. Fish passage permit. 3. Permit for activities taking place in refuges. critical habitat areas and game sanctuaries. Note: This list contains only those permits which are a part of individual project reviews. ILI- - ------ 'lot (Photo by Mark Weber) 10 Poe-on-ke@p harvest in the Tcgiak herrLngffillery. PUBLIC PARTICIPATION IN MANAGEMENT OF THE COASTLINE The importance of public participation in the management of Bristol Bay's coastal area can not be overstated. Many studies have been produced which show resource use areas and populations of different fish and wildlife species. Infon-nation contained In these studies is essential in the Bristol Bay CRSA Board's making of consistency determinations. Providing this information to the interests undertaking development projects and local residents can help achieve the goal of reasonable and balanced management of the coast. Exchange of Information between development interests and the CRSA Board can be very important. 7be relationship of the location of the project to fish and wildlife habitats and subsistence use areas is something that the Board always looks at in the applications for permits. Early involvement can allow for modifications in the project to take place that are acceptable to both the development interest and the CRSA Board. During this part of a review. the CRSA board will inform the local residents of the project. This is why the board has made it a practice of providing villages located near a project with copies of the applications. 7be local residents of the region can be beneficial in providing specific information on the resources and traditional activities that may be affected by a project. It is important that the applicant complies with the rules that are placed on an approved permit. Specific times in which a project can take place are usually included in the permit, this reduces the impacts to fish and wildlife populations. 7be large expanse of land and water make it difficult for governmental staff to monitor a project. This is the reason that local residents are essential in alerting the Board when a permitted activity is not being done in the manner that was required in the approval. Development interests should also contact the CRSA if a rule contained in the permit approval can not be complied with. At that time it will be determined if the rule should be lifted from the permit. It is also important for local residents to communicate with the Board on new activities taking place which have not been reviewed under the BBCMP. With knowledge of these illegal activities the CRSA Board can set in motion the means to correct them. Again, this is necessary given the size of the Bristol Bay region and the small amount of governmental staff to monitor activities that occur in the region. 7beformationof the Bristol Bay CRSA was largely motivated by the desire of local residents to have more control over development in the region. Without an informed public, however, this local program will be no better than any of the other plans developed at the federal or state level. Hopefully, this guide will help accomplish that goal. EXAMPLE8 LOCAL LAND USE PLANS City of Craig Planning Commission Manual This document is a very readable explanation of the different terms, regula- tions, and decision processes a planning commission is likely to face. It is written with a good sense of humor. Each explanation is short and to the point. Many of the explanations of terms, planning decision-making, and what it's like to be a planning commissioner could be directly applicable to your district. District Implementation Manual DATE Sept. 1988 PACE 69 0 0 0 District Implementation Manual DATE Sept. 1988 pAGE 70 4JU 6:3 4 Isles V Ila PLANNING COMMISSION MANUAL CRAIG, ALASKA BY CITY PLANNER: Becky Achten PLANNING COMMISSION MEMBERS: CITY COUNCIL MEMBERS: Greg Mickelson - Presiding officer Bob Sabin Richard Trojan - Deputy Officer Barb Fields Ellen Hannon Patsy Aubuchon James Seley Lee Axmaker Kim Patotzka Doug Rhodes Bill Tremblay MAYOR: James Sprague EXECUTIVE ASSISTANT TO THE MAYOR: David R. Palmer May 1987 This project was supported, in part, by Federal Coastal Zone Management Implementation Funds (P.L. 92-538 Section 306) granted to the State of Alaska by the Office of ocean and Coastal Resource Management, National ocean Service, National Oceanic and Atmospheric Administration, U.S. Department of Commerce. TABLE OF CONTENTS A Slice Of Life On The Last Frontier 1 Why Does Craig Have a Planning Commission? 2 And What Does the Planning Commission Do? What Is A Comprehensive Plan? 2 Public Opinion And The Planning Commission 3 You Won't Always Be Known As The Good Guys Dismissal From the Planning Commission 4 Use Of The Required Criteria For Approval 5 Registering Your Vote 7 Conducting A Fair Hearing 7 Ex-Parte or Pre-Hearing Contacts 8 To Abstain Or Not To Abstain? 9 This Is A Tough Question. The Open Meetings Act 9 The Burden Of Proof Or Who Should Be 10 Proving What To Whom Records Of The Hearing 10 Appeals 10 Enforcement 11 Zone Designations 12 Special Zones 13 Overlay Zones 13 Property Development Standards 14 Review Procedures 15 Mobile Home Park Ordinance 16 Recreational Vehicle Park Ordinance 16 Subdivision Ordinance 16 Transportation Plan 18 Setbacks 18 Parking Standards 19 Non-Conforming Uses 19 Definitions 19 How We Got Here From There Or A 20 General History of Land Use Planning PLANNING COMMISSION MAN UAL CRAIG, ALASKA A SLICE OF LIFE ON THE LAST FRONTIER Since the American Revolution, where rain, wind, and the we have had an aversion to dark of night often halt government restrictions on the U.S. Mail. private land. The settling of the Western Frontier was Not only are we storing every- made by independent people thing under creation on the who wanted the freedom to small lots in Craig, we are control their own lives, to doing everything under the own their own land and to sun on these same small lots. Our "do their own thing." many fluctuating, seasonal economy people move to Alaska, the makes it necessary to be Last Frontier, for the same a jack-of-all-trades and reasons. There should be, a seller-of-all-goods in it seemst one place which order to survive. is not strangled by the red tape of modern life. Unfortunately, with many individuals doing their own Craig should be such a place. thing in a small area, conflicts Local T-shirts read, "It's arise. Craig citizens 1 and not the . end of the world, 2 are starting their log but you can see it from here." trucks at 5 A.M. and testing But instead of having an abun- and repairing outboard motors dance of land where we can in the back yard from 6-9 all do our own thing without P.M. while Craig citizens affecting any other individual, 3 and 4 and their young children we are squeezed into a small are trying to sleep. Craig land area with a high density citizen number 5 has invested of people. his savings in his new dream house; Craig citizen number The scarcity of land makes 6 moves in next door with it expensive. As a result, his rusty junked cars, and land is divided into small collection of lifeless boats. lots; the small lots are crammed Neither is right or wrong; full of houses, cars, boats, all are justified in what etc. Nothing that is potentially they want to do and how they usable within the next decade choose to live. Nevertheless, is thrown out because spare problems are created. Problems parts and other items can may be minor inconveniences, be hard to come by on an island nerve wracking irritations, 1 assalts on aesthetic perceptions, The Planning Commission consists and other things which affect of five community members our quality of life; or they who are appointed by the may be more serious health mayor and confirmed by the and safety problems. City Council. Three commission members must attend WHY DOES CRAIG HAVE A to form a quorum and make PLANNING COMMISSION? AND a decision. WHAT DOES THE PLANNING COMMISSION DO? The Planning Commission's authority under State law In order to resolve these for planning and platting problems or land use conflicts is explained in Title 29, and in order to plan a city 29w40.010. with fewer future problems, the Craig Planning Commission WHAT IS A COMPREHENSIVE PLAN? was established. According to Alaska Statutes, The Planning Commission seeks 29.40.030, a comprehensive to resolve potential problems plan is "a compilation of in the community by adopting policy statements, goals, a comprehensive plan for the standards, and maps guiding City and a land use ordinance. the physical, social, and Public hearings are held to economic development, [of discuss what type of community the City] both private and residents want to live in, public." what the problems are, how current problems may be resolved, COULD YOU RUN THAT BY AGAIN? and how to effect positive WHAT IS A COMPREHENSIVE PLAN? changes in the community. The results of these hearings A comprehensive plan is a are translated into a compre- sketch or blueprint of what hensive plan and a land use residents want for their ordinance which direct the community. It is based on community toward its goals. public opinion and information gathered on a range of topics The Planning Commission meets about the city. The plan regularly the fourth Thursday indicates the type of community of each month to deal with residents want; which areas applications for land use should be developed and which actions prescribed by the should be protected and why; land use ordinance (i.e. where different types of conditional use permits, development (residential, subdivisions, variances, etc.). commercial,etc.) should be The purpose of the hearings located; and other land use is to get opposing parties considerations. together to discuss potential problems and resolutions; The plan also indicates how to consider the pertinent the City will attempt to facts; and decide to approve, put the plan into effect. deny, or to approve subject to conditions, which are The Craig Comprehensive Plan designed to resolve problems. contains a statement of goals which explain what people 2 want for their community. ment, Implementation of zoning Better housing, more recreational to separate commercial and opportunities, and opportunities industrial uses from residential to comment on proposed develop- areas, Adoption of the revised ment are examples of goals editions of the building included in Craig's Compre- and fire codes,. Designation hensive Plan. of the Floathome Area The Plan also contains policies The Craig Comprehensive Plan which serve as a guide to also contains information present and future decisions. about history, economy, popula- The policy statement which tion, housing, recreation, is aimed at achieving the public facilities, future goal contains a "rationale" community needs, land ownership, or reason for the policy and proposed land uses, natural an "implementation" which hazards, and other related explains what concrete action information. This information is proposed. is used in the planning process to attempt to resolve major The following is an example land use problems, to promote of how goals and policies economic stability by reserving work together: essential lands for industrial and commercial development, GOAL: Better housing and to provide for the safety improved neighborhoods of persons and property, and to provide for a community POLICY: The City shall support balanced with its natural improving housing quality surroundings. and upgrading neighborhoods without decreasing the supply Often the affects of a compre- or increasing the cost of hensive plan are not visible housing. for ten years or more. The plan generally does not produce RATIONALE: To maintain property overnight, dramatic results. values, 'To respond to public Gradually, however, the plan opinion, To improve housing moves the community toward quality, To improve construction its goals. techniques which will eventually provide savings on maintenance PUBLIC OPINION AND THE costs, To make it easier to PLANNING COMMISSION--YOU finance housing, To recognize WON'T ALWAYS BE KNOWN AS that floathomes, liveaboard THE GOOD GUYS boats, and travel trailers account for 31% of the housing Perhaps you are familiar stock in Craig with the old saying (edited for our own purposes), "You IMPLEMENTATION: Adoption of can satisfy some of the people three residential zones with some of the time, but you different lot sizes and permitted can't satisfy all the people uses, Permitting only the all of the time." A planning temporary use of travel trailers commissioner might feel like as permanent residences on adding, "You can't satisfy city lots, Provision for common anyone no matter how hard wall and zero lot line develop- you try.!" 3 Planning commission decisions DISMISSAL FROM THE PLANNING which affect private property COMMISSION are often highly controversial and unpopular. Especially A planning commission member in a small town, a planning may be dismissed from the commission member will probably Planning Commission if he be acquainted with both the leaves the city for ninety applicant and opponents of days or more, misses three a land use action. This may or more consecutive regular create uncomfortable situations meetings and is unexcused where a commission member by the commission, or is is put on the spot. convicted of a felony or a violation of the oath of The Craig Land Development office (Section 18.02.009) Code, the local land use ordinance, provides guidelines Consistent attendance is for making decisions so that vital since failure to have all applications are treated a quorum may result in un- equally. These guidelines necessary delays for an or "Required Criteria for applicant who wants to begin Approval" should help to keep construction or business. planning commissioners from subjective and emotional MORE ABOUT THE -REQUIRED involvement at the hearing. CRITERIA FOR APPROVAL"--THE Either an application meets KEY TO PLANNING COMMISSION the Required Criteria for DECISIONS Approval or it does not. Each section of the ordinance But don't be fooled. Decisions which deals with a land use are usually not clear-cut. action (Conditional Use Permit, Each party has a reasonable Variance, Subdivision ordinance, stand which must be judged etc.) includes a section against the Criteria. Often entitled "Required Criteria reasonable compromises may for Approval:' This section be reached; however, many is important because it contains times either one party or the standards by which an the other leaves the hearing application is approved, dissatisfied. amended, or denied. . V I e., - aki-tV ;4,@ -, The purpose of the Required Criteria is to insure that 1)applicants are aware of the standards required for approval 2) attempts are made to consider all potential problems at the hearing, 3) that each application is reviewed by the same standards, 4) that decisions are fair s@@" decisions based on objective, factual considerations rather So this is public se vice?- than personal, emotional, or Political elements, and 4 4) that the record clearly In our example, the request indicates why and how a decision is for a Conditional Use is made. Permit for a helipad. USE OF THE REQUIRED CRITERIA FACTS--SIZE, DESIGN, AND FOR APPROVAL LOCATION: 1) The helipad will be a 30 x 30 foot wooden During the hearing, informa- platform 30 inches from tion relating to the Required the finished grade located Criteria for Approval should on a 16,900 sq. ft. lot. be requested by the Planning 2) The helipad will be located Commission so that facts 25 feet from the southerly pertaining to the Criteria and easterly property lines may be gathered. It is impor- and 75 feet from the northerly tant not only to indicate and westerly property lines. if an application meets or 3) Fuel will be stored in does not meet a specific a 10 foot by 20 foot area criteria but also to show enclosed by a six foot fence why the application meets 4) Construction and design or does not meet the criteria. comply with adopted build- ing and fire codes. Consider the following example 5) Established uses on of the facts necessary to surrounding areas include show why a Conditional Use a junkyard and heavy equip- Permit application meets one ment repair shop. Adjacent of the Required Criteria. properties are zoned for REQUIRED CRITERIA: "That the industrial uses. location, size, design, and FACTS--OPERATING CHAR- operating characteristics ACTERISTICS 1) There will will mitigate conflicting be four daily flights, uses." At first glance this Monday-Friday between may sound like something 9AM and IOPM. 2) Proposed which is more applicable to flight patterns pass over projects in outer space than residential areas lying to in Craig! But all this the east. 3) Emergency criterion is asking is flights could occur at any whether the size, design, time (average number for and location of the building the area is two per month). and the way the use will be operated (i.e. hours of With these facts in mind, operation, equipment used, the Planning Commission etc.) will or will not cause begins the process of problems with surrounding deciding why the proposed properties. use will or will not cause problems with the surround- In order to make this ing areas. Potential determination, the Planning problems are identified Commission needs to know the through consideration of facts about size, design, the Required Criteria for etc. so that it can decide Approval, by consideration why the proposal will or of objections and comments will not cause problems. raised during the hearing, 0 5 and by the planning com- mission members themselves. location of the watchman's At the hearing on this trailer. The applicant had application, the following no objections. 5) A planning potential conflicts were commissioner objected to identified: 1) Residential the location of the helipad property owners within the close to the watchman's proposed flight pattern residence. The owner of were concerned about noise the junkyard stated that levels, in particular, noise he had no objection to the levels at late hours location since he hoped that 2) The adjacent property owner the noise might keep the who owned the junkyard objected watchman awake. to the location of the fuel The commissioner asked for storage area because he had clarification of the rules plans to locate a watchman's and regulations applying residence adjacent to the to the location of the residence area. Utilities were already near the helipad site. His to the location and he did concern was safety. not want to change the location. The planning commission dis- cussed the possiblility of How should the Planning postponing the decision until Commission attempt to resolve the next meeting in order these issues? to have time to make the test flight over the resi- CONSIDERATIONS AND COMPROMISES dential area. The applicant #1 One planning commissioner asked for time during the asked if the flight patterns hearing to discuss the flight could be changed to approach patterns with his engineer from the north rather than and to discuss possible relo- from the east thereby avoiding cation of the fuel storage patterns passing over res- tanks with the adjacent property idential areas. #2 The owner. applicant stated that the altitude they would be flying The planning commission over residential areas was called a recess. After the high enough that noise would recess, the applicant stated be minimal. A planning com- that a change in the flight missioner asked if they could pattern would involve add- set a date for a test flight ing a few miles to the majority before the application was of the flights but that he approved so that homeowners was willing to make the change could judge the noise level to avoid complaints from for themselves #3 The the community. He also stated applicant stated that the that scheduling the last hours of operation could be flight at 8PM would be suitable. changed so that the last During the recess the Planning flight of the day would Commission chairman consulted occur at 8PM. #4 The adjacent authorities to determine property owner asked required distances between if the fuel storage area the helipad and residential could be moved to the opposite uses while the adjacent property side of the lot so that it owner agreed to shift the would not interfere with the location of the watchman's 6 trailer ten additional feet your vote is to VOTE REASONS, from the common property line. NOT OPINIONS. For example, "I am voting "no" an this DECISION: The Planning application because it Commission determined that would increase truck traffic location, size, design, and in residential 'areas and operating characteristics on narrow streets not designed of the proposed helipad for this type of traffic," mitigated conflicting uses is a better statement than because flight patterns III am voting "no" because were changed so that they there are so many people did not pass over resi- here against the proposal dential areas, hours of that it must not be right operation were changed for the neighborhood." to 9AM-8PM with late night The unpopularity of an flights cancelled and the application, particularly location of the fuel storage in a small town, may be area and the pad itself tied to personal feelings were changed to accommodate about the applicant rather uses on adjacent properties. than the valid reasons which are specified in the As this example indicates, "Required Criteria for Approval." a planning commission dec- By tying approval or denial ision may involve more than to the same criteria, all approving or denying an applicants receive a fair application. Decisions hearing. may involve reaching compro- mises which satisfy both parties. CONDUCTING A FAIR HEARING Most of the Required Criteria Conducting the Hearing for Approval are fairly straight forward although Planning commission hearings you may need clarification in Craig are generally run on some criteria if you are rather informally. This unfamiliar with the ordinance. atmosphere stimulates public discussion and works well The most complex Required in most instances. Criteria is "That the pro- posal is consistent with the However, when issues are Craig Comprehensive Plan, controversial and there is the Craig Coastal Management a crowd or a few very vocal Plan and the Criag Recon- individuals present, the veyance Plan. To determine informal format does not consistency, you need to work. The planning look at the Policies of the commission presiding officer Comprehensive Plan, the must assume an authoritative Enforceable Rules of the Coastal role by 1) requiring that Plan and the map of the Recon- a person be recognized before veyance Plan. speaking 2) by permitting only one person to speak REGISTERING YOUR VOTE at a time 3) by keeping the audience quiet--especially The most important thing applicants and opponents to remember when registering who may argue out of order 7 and 4) by limiting time hearings deal with issues for testimony, if necessary. of a general nature involving a large area and a number A heavy hand on the gavel of property owners or a matter is required in these instances. of broad public policy; hearings It may be helpful to designate may be conducted without one chair for those who want requirements for individual to address the commission notice and with no prohibition and require those testifying against receiving information to come forward in order to outside of the hearing. The speak. hearings on the comprehensive plan fall into this category. It is important for planning All post office box holders commission members to remain in Craig were notified of calm and civil to avoid pro- the hearings on the comprehen- voking hearing participants. sive plan, but this notice By remaining calm and objective was not required by law. rather than agressive and emotional, all are assured There is no prohibition against that a reasonable, fair receiving information outside decision will be reached. of the hearing because this type of hearing usually affects Types of Hearings--Site the community in general Specific or General rather than one person or group of persons in particular. When hearings are held to decide a site specific issue EX-PARTE OR PRE-HEARIVG such as a zone change, con- CONTACTS ditional use permit, variance, etc., case law demon- As previously strates that hearings mentioned, must be fundamentally fair. when planning com- The applicant must have a mission members reasonable opportunity to are deciding present his case and to.rebut site specific issues such evidence against him. as conditional use permits, Opponents and other interested variances, subdivisions, parties must have a reasonable etc; they should come to opportunity to present their the hearing with an open case. All interested parties mind not prejudiced from must receive reasonable pre-hearing discussion. It notice prior to the hearing. is recognized that there Procedures prescribed by the is a countervailing public Land Development Code insure right of free access to a that these require- public official on any matter. ments are met. Therefore, if pre-hearing In addition, planning com- contacts have occurred, members mission members should not should reveal any contacts have pre-hearing (ex-parte) before the hearing. This contacts which hinder their way, the other party will impartiality. have a chance to rebut the pre-hearing evidence. if on the other hand, when the commissioner feels that 8 he can decide the matter meetings acts were spawned impartially without prejudice, in the 1950's in response he should state this fact to perceived abuses of power and participate in the hearing. at all levels of government. If he feels that he cannot vote impartially, he should The. Alaska Open Meetings abstain. Act is controversial and subject to interpretation. TO ABSTAIN OR NOT TO ABSTAIN? The following information THIS IS A TOUGH QUESTION. regarding the Act is taken from a memo by Deputy A planning commission member City Attorney for is required to abstain from Juneau, John Corso. voting on an issue if he stands to make a substantial personal A "meeting" according to or financial gain or substantial the act is a discussion of financial gain for a spouse, public business. Any fact child, mother, father, gathering, investigation, or business with which the or discussion in regard to member is associated or in public business, whether which the member owns stock. it is formal or informal, is subject to the Act. If a commission member owns property within the area Legal opinion indicates that entitled to receive notice two or more public officials of the public hearing AND discussing public business has personal interests or may be considered a meeting concerns rather than purely subject to the Act. public interests and concerns with the proposal, he should In order to be assured that abstain. If the member feels you as a Planning Commission that his interests'are public member are not violating rather than private interests the Act, consider the following: and concerns, he should make this statement on the record 1) If yourself and one other and request to participate commission member are swaping in the hearing. fish stories or participating in other unorganized conversa- If a majority of the members tion, the risk of violating of the Planning Commission the Act is low. feel that the commission member cannot vote impartially, THEY 2) If a quorum, three MAY VOTE TO DISQUALIFY THE members, are together and THE MEMBER. You may read you begin gathering facts, about this procedure in detail exchanging ideas, suggesting in Section 18.02.040. approaches, or otherwise dealing with matters of substance THE OPEN MEETINGS ACT in regard to the public business of the Planning Commission; The Alaska Open Meetings Act the risk increases. (AS 44.62.310) is a statute requiring that government 3) The more members present meetings be advertised and and the more you are involved open to the public. Open in reaching a decision, the 9 more liable you will be to RECORDS OF THE HEARING violate the Act. Minutes Exceptions to the Open Meetings Act include the possibility It is important to have a of recessing into executive permanent record of Planning session 1) if you are discussing Commission hearing's and decisions. matters, the immediate know- ledge of which would clearly Minutes of the meeting provide have an adverse impact on a permanent record of the government finances 2) if attendance, testimony, and you are discussing subjects results of the hearing. which would prejudice the reputation and character of Resolutions a person unless the person requests a public discussion To insure that an accurate and 3) if you are discussing record is kept of Planning matters which are by law confi- Commission decisions, all dential. formal actions made by the Planning Commission must Before you recess into executive be by resolution. session, you must convene the meeting and vote on holding The resolution, which addresses an executive session. all of the Required Criteria for Approval, serves as a THE BURDEN OF PROOF OR WHO permanent record of the reasons SHOULD BE PROVING WHAT TO why an application was approved, WHOM approved subject to conditions, or denied. The burden of proof or the responsibility for demon- The resolution becomes extremely strating that an application important if a decision is meets the Criteria for Approval appealed. lies with the applicant. The City's Comprehensive Plan APPEALS is based on data, research, and public opinion gained Planning Commission decisions from numerous public hearings. may be appealed within 30 It is the applicant's respon- days to the City Council. sibility to prove to the Planning Council decisions may be Commission that what he wants appealed to the Superior to do will avoid future problems Court. involving the public health, safety, welfare, or quality The ordinance requires that of life in Craig. three Planning Commission members be present at the When an application is made appeal in order to answer for a land use action, the any questions the Council applicant is given a copy may have. If three members of the Required Criteria for fail to attend the first Approval so that he knows Council appeal, the appeal what he must prove., may be heard without their presence at the next City Council meeting. See Section 10 18.04 of the Craig Land either "Permitted Uses", Development Code for details or uses allowed outright on appeals. with no public hearing or "Conditional Uses" which are uses which cannot be established without a public hearing to approve, modify, or deny the use. Each zone also has Property Development Standards which state the minimum lot size, density, setbacks, building height, regulations for signs, fences, etc. You need to ENFORCEMENT review each zone to determine what is appropriate for pro- The Enforcement section of posals in the zone. the Craig Land Development Code provides two courses of action. If a permit has been issued and violated, a citation may be issued giving the person 30 days notice of a Planning Commission hearing to decide the issue. When a violation occurs and no permit has been issued or when there is an emergency situation, an Enforcement Order (Section 18.03.005) may be issued requesting dis continuance of any activity which does not comply with the ordinance. RESIDENTIAL ZONES Violations are considered misdemeanors and are subject The Low, Medium, and High to a fine of up to $1000 Density Residential Zones and/or a jail term of up to have different permitted 30 days. Each day the uses which involve differences violation continues after in the types of housing per- a citation or enforcement mitted in each zone. For order is considered a separate example, the Low Density violation. Residential Zone allows houses, modular homes, and duplexes; the Medium Density Zone allows ZONE DESIGNATIONS the aforementioned housing plus triplexes and mobile Most property within the Craig homes at least 121 x 40' City Limits is zoned. Refer in size while the High Density to the zoning maps. Within Residential Zone adds four- each zone different uses are plex apartments and mobile homes at least 38 feet in as building plans are approved length to the list of per- by the State Fire Marshall. mitted uses. Marine industrial Zone The High Density Residential Zone covers the most land The purpose of. the Marine area in Craig. The 6000 square Industrial Zone is to reserve foot minimum lot size first priority for water is exceptionally small and dependent and water related often does not provide suf- use while insuring that the ficient room for garagest property owner has a wide woodsheds, or parking for range of non-preemptive interim cars, boats, etc. uses. Many people favor enlarging Due to the scarcity and expense the minimum lot size. if of land inside the City, and when additional residen- a wide range of interim uses tial lands are opened for is allowed on marine industrial purchase and development through land. only uses which would reconveyancel the minimum preempt or prevent the eventual lot size should be increased. establishment of water dependent and water related uses are COMMERCIAL AND INDUSTRIAL prohibited by the ordinance. ZONES Heavy Industrial Zone Commercial and Light Industrial Zones Land appropriate for heavy industrial uses is scarce Commercial and light industrial within the City. Through zones are structured so that the Conditional Use Permit Permitted Uses are those uses process, less intensive light which are generally compatible industrial uses may be estab- due to the lack of noise, lished on findings that the odor, smoke, or other pollutants uses will not interfere with which could cause problems future heavy industrial uses with surrounding uses. and that there are no alter- native sites. Throughout the zoning ordinance attempts are made to reserve critical lands for specific purposes without unduly res- tricting the private land owner. This flexibility M R is necessary until additional lands are unlocked for purchase and development. Currently, 7 the limited availability of land and the fluctuating Setbacks in commercial and resource based economy make light industrial zones have this flexibility essential been reduced, in some cases, to the economy of the communi- so that buildings may be built ty. Residents can usuall on property lines as long afford only one parcel oy 12 land and must attempt to use address the compatibility it for a variety of uses. of proposed uses with existing uses. Other uses may be approved SPECIAL ZONES through the Conditional Use Permit process. There are several special zones in the ordinance. The Temporary Reconveyance Reserve- Reconveyance Reserve zones Marine Industrial and Heavy are temporary zones which Industrial the City established to monitor development on lands it has Marine industrial and heavy requested for reconveyance industrial uses are permitted from Shaan-Seet. on findings that they are consistent with the City In the past, the proposed Reconveyance Plan. hospital site had been relocated twice due to continued develop- Planned Unit Development ment by the village corporation Zone on potential reconveyance lands. Since there is no A Planned Unit Development specific date by which recon- is a parcel of land at least veyance must be completed, five acres in size which if the City did not exert is innovatively developed influence on the development so that strict application of lands it has selected for of the subdivision design reconveyance; continued develop- standards and zoning ordinance ment could preclude the use may be varied without negative of the land by the City. The impacts on the community City owns only 1.5 acres of or the environment. vacant land which is not planned for the expansion of existing A development planned with facilities or parks. compatible commercial uses Reconveyance lands are such as neighborhood grocery essential to the City's stores or a development future. planned with open space areas in exchange for smaller lot Temporary Reconveyance Reserve sizes are examples of Planned Zones Unit Developments. Another example is the development Temporary Reconveyance Reserve- of an industrial site com- General patible with surrounding residential uses. By using This zone permits a range the topography, landscaping, of residential and public and other measures to control uses outright. Subdivisions, noise, odor, smoke, and other mobile home parks, recre- pollutants, the industry ational vehicle parks, etc. and surrounding residential are permitted outright but areas may be made compatible. must be approved through applicable ordinances (i.e. OVERLAY ZONES Subdivision ordinance, Mobile Home Park Ordinance, etc.) An overlay is an additional These ordinances have Required zone designation which imposes 0 Criteria for Approval which 13 special restrictions in addition to the basic zone designation. to make it compatible with The overlay usually identifies surrounding residential uses. an area within the basic zone designation which needs some In the case of this overlay, type of special considera- the hearing is held NOT to tion. determine whether a marine industrial use is to be Special Considerations Overlay permitted, but rather what conditions, if any, will The Special Considerations be placed on the permitted Overlay is applied to areas use. which need special consider- ation due to existing natural PROPERTY DEVELOPMENT STANDARDS hazards, environmentally sensitive areas, or other characteristics Property development standards which require additional review. are listed under each zone. Property development standards Slopes greater than 25%, address 1) minimum lot size a landslide hazard area, 2) density or the number anadromous fish streams, historic of separate living (dwell- areas, Crab Bay, and the hillside ing) units permitted on each above Craig have been identified lot or parcel 3) setback as areas which require special requirements 4) maximum consideration. building heights 5) the number of required parking The Protected Area of Crab spaces 6) fences and walls Bay and the windfirm buffer and 7) visibility at intersec- around a portion of Crab Bay tions. were designated by the Craig Coastal Management Program Density and their protection implemented through the Special Considerations Most of these standards are Overlay in the zoning ordinance. fairly straightforward although you need to read When the Special them carefully. Density Considerations Overlay is may be confusing. You need applied, Section 18.05.020 to remember the difference details what is required in between a "dwelling structure" order to review proposed which is one building (i.e. development. one apartment building, one duplex, one house, etc.) Limited Marine Industrial and a "dwelling unit" which Overlay represents the actual number of separate living units This overlay is applied to (i.e. number of apartment the southeasterly tidelands units). of Craig proper. The area is zoned Marine Industrial; Building Height however, before a marine industrial use is established, a hearing All zones restrict building is held to determine if there haight to 30 feet in height are any ways the use may be measured from the ground constructed, located, oper- to the roof eaves due to ated or otherwise modified the fact that the Craig Fire 14 Department does not have the on steep slopes are specially equipment to protect taller engineered, that vegetation buildings. is reserved around an impor- tant estuary to protect water REVIEW PROCEDURES quality and salmon habitat, or 'that proposed development Conditional Use Permits will not interfere with a Section 18.06.002 planned hospital site on land selected by the City Conditional Use Permits are for reconveyance. Again, designed to permit certain all decisions are based on uses considered to be desir- the objective standards found able to the community but in the Required Criteria which because of their nature for Approval. should not be permitted in every location within a zone. Whenever a Conditional Use Permit is reviewed, it is Conditional uses may or may important to check through not cause problems with sur- the Required Criteria for rounding uses. A hearing Approval, Section 18.06.002 is held to determine if the C-K. These sections list use and the way it is operated the Additional Required will be compatible with the Criteria for Approval which neighborhood and avoid causing may be necessary for Condi- problems. tional Use Permit applications in the Heavy Industrial Zone, Conditions may be placed on the reconveyance zones, the the approval of a Conditional Special Considerations Overlay, Use Permit to insure that etc. Be sure to review these the use will not cause problems to insure that all the Required with surrounding properties. Criteria have been considered. Section (18.06.002 L) lists some of the conditions which Variances may be attached. In addition, Section 18.06.003 permits may be issued for a limited time subject to A variance is an exception another review at the end to a standard in the ordin- of a specified time period. ance. Variances cannot be given for uses not allowed The conditional use process in a zone. is also used to insure that development is safe in areas most variances will involve where potential hazards exist, an exception to a required that proposed development setback. The purpose of does not affect important a setback is to provide for habitat and natural areas, fire safety, for access for and that future City land fire fighting equipment, needs are not precluded by for privacy, air, and sunlight, inappropriate development and to insure that buildings on potential reconveyance are not built beyond property lands. For example, by using lines. the conditional use procedure the Planning Commission may Approval or denial of require that buildings built variances must be based on 15 the Required Criteria for as three or more mobile homes Approval in the ordinance. travel trailers, and/ or motor homes located on one Land Use and/or Zone Changes lot or parcel. Section 18.06.004 Therefore, anytime 3 or more A land use and/or zone change mobile homes (or travel will occur when a person wants trailers, motor homes) to change the use of his are to be located on one his property. The application lot or parcel, the application will be only a zone change must be reviewed under the if, for example, the requested Mobile Home Park Ordinance. change is from one residen- Much public opinion favored tial zone to another resi- holding public hearings for dential zone. mobile home parks so that adjacent land owners would If the change is from a resi- have an opportunity to comment. dential land use and zone to a commercial land use and The Planning Commission's zone, the application would responsibility is to review be both a land use and zone the application in regard change. to the Required Criteria For Approval, to review the Temporary Use Permit management plan for the park, Section 18.06.005 and to insure that the park conforms to ordinance stand- If someone wants to provide ards. Section 18.07 E out- for a short term change of lines additional standards use on their property, they for mobile home parks of may apply for a Temporary more than ten mobile homes. Use Permit which may be granted for a maximum of one RECREATIONAL VEHICLE CAMP- year. Almost any use may GROUND ORDINANCE be requested on a tem- Chapter 18.08 porary basis. The Planning Commission's In most zones, a Temporary responsibility when reviewing Use Permit must be obtained this ordinance is to insure before placing a travel trailer that the application is con- (less than 38 feet in length) sistent with the Required on a lot within the City. Criteria for Approval, that the R.V. Campground stand- Some temporary uses may be ards are met, and that the granted without a hearing; management plan for the park others could potentially create is adequate. conflicts and must be reviewed at a public hearing. SUBDIVISION ORDINANCE The definition of a subdi- MOBILE HOME PARKS vision according to the Craig Chapter 18.07 ordinance is "the division of land, vacant or improved, In Craig's ordinance, a into lots, parcels, sites, mobile home park is defined units, plats, or interests 16 for the purpose, immediate be conditionally approved or future, sale, lease, or or denied. The subdivider transfer of title, where the will be given a list of act of division creates two items which must be com- or more parcels." pleted before the plat is granted final approval. The subdivision ordinance Sections, 18.09.009, is divided into three chapters: 18.09.010, and 18.09.020 Platting Procedures, Improve- outline what may be nec- ments, and Design Standards. essary for final plat approval. Platting Procedures Chapter 18.09 Subdivision Improvements Section 18.10 The Platting Procedures chap- ter explains the difference The improvements chapter between major and minor plats details the sub- and describes the procedures division improvements which for submitting plats for must be installed or fin- approval. ancially guaranteed prior to final plat approval. In short, a minor plat, which may not require Sewer, water, roads, fire a hearing, is a subdivision hydrants, etc. must be creating four lots or less installed to each lot or when legal access exists to a financial guarantee pro- all proposed lots. vided by the subdivider for their purchase and instal- This chapter explains what lation before the plat information needs to be sub- may be finally approved. mitted for review and the type of additional infor- This ordinance requirement mation the Planning Com- protects the subdivision mission may need to evaluate lot purchaser. In the past an application. in Craig, lots without physical access were approved Section 18.09.007 explains for sale. Lots where sewer the time frame for Planning and water connections were Commission decisions. if extremely expensive have the commission takes no also been sold to buyers action within 60 days of the who could not complete their submittal of the plat, the homes due to the unexpected subdivision is considered expense of extending sewer approved. If the commission and water service to their sees that they will not be lots. Although the pro- able to make a decision within vision of these improvements 60 days, they should request represents a substantial that the subdivider consent investment by the developer, to an extension of the time the ordinance provides a period. variety of methods to furn- ish a financial guarantee. At the hearing or adminis- trative review of a prelim- inary plat, the plat will 17 Design Standards be landlocked or denied Chapter 18.11 access unless the Planning Commission insures that the The Design Standards chapter Transportation Plan is fol- furnishes minimum design lowed and road easements standards for subdivisions. reserved when lands are subdi- The Planning Commission is vided. responsible for insuring that the final plat and sub- SETBACKS division improvements con- Chapter 18.13 form to ordinance standards. The City Public Works Dir- A setback is defined as the ector and Planning Official minimum horizontal distance furnish technical assistance. between a lot line and a wall of a building or between The reservation of utility the mean high water mark and road easements is and proposed development. essential to efficient sub- division development. The The chapter on setbacks des- City notifies utility com- cribes how setbacks are to panies in order to gain be measured. It also details input on the location of the streamside and shore- necessary easements. Secur- line setbacks which were ing easements for utilities created by the Craig Coastal and roads is one way of con- Management Program around trolling the costs of the Crab Bay and anadromous fish extension of facilities to streams. current and future subdiv- isions. Securing road Setbacks in residential zones easements is discussed in are generally ten feet from the subdivision ordinance property lines although zero and in the Transportation lot line buildings sharing Plan. a common wall may be approved. TRANSPORTATION PLAN Buildings in commercial and industrial zones may be built, The Transportation Plan is in some cases, on property a portion of the subdivision lines if construction plans review process. Final Plat are approved by the State Requirements Section 18.09.009 Fire Marshall and conform #11 states that in order to to appropriate building and receive final plat approval, fire codes. The exception proposed roads on the Trans- to this standard comes into portation Plan must be res- play if adjacent properties erved and dedicated to the are zoned for residential public on the final plat. or public uses. This insures that future roads will be provided at Setbacks in each zone are the lowest cost to the public listed under each specific and that other lots and zone. Setbacks for mobile parcels are not landlocked. home parks and recreational vehicle campgrounds are Due to the topography in listed within those ordin- Craig, several parcels could ances. 18 Parking Spaces, are intended to be a guideline. If there SETBACKS IKPMU= W 9AAWn nM LOT LOM are special circumstances or characteristics which STREETILWLL=@ --- make the parking space require- ment either inadequate or unreasonable, the Planning 4. Commission may make specific W /40 91-4 parking requirements on a L case by case basis through the variance procedure. NON-CONFORMING USES 140'm Lo Com. LM STREET Most people are familiar with the term "grandfathered use." A non-conforming use Setbacks are usually reviewed is, for all practical purposes, when a building permit is a grandfathered use. By requested. Plot plans for definition, a non-conforming proposed Conditional Use use is a use which does not Permits, Variances, etc. comply with the current should also indicate set- ordinance but is recognized backs from the property line as legitimate due to the for existing and proposed fact that it was originally buildings. legally established. Setbacks were originally estab- The chapter on non-conform- lished in Craig in order to ing uses details how existing prevent people from building lots, uses, and structures structures over lot lines. which do not comform to the They also provide for fire code should be considered. safety, for access for fire fighting equipment, and for The non-conforming use pro- privacy, air, and sunlight. vision is an assurance that the community will eventually PARKING change without undue hardship Chapter 18.14 to those who own property, buildings, or businesses In general, parking is to which do not conform to the be provided off-street and ordinance. As is common on the premises. The Planning in community planning, change Commission may approve off- may be very gradual. premises parking for com- mercial and industrial sites DEFINITIONS as long as the parking is Chapter 18.16 not greater than 300 feet from the site and is appro- This section defines many priately zoned. of the terms used in the ordinance. Words in the This chapter lists the ordinance which are fol- required parking spaces for lowed by an asterisk (*) all different types of uses. are defined in the "Def- The standards, Required initions" section. Some 19 definitions are tailored for Penn laid out a plan for the ordinance and may differ the city which included a from dictionary definitions. grid-iron system of streets, uniform spacing and setbacks It is a good idea to reg- for buildings and desig- ularly review these def- nated open space areas. initions. A definition may be the key to how the ordin- Another early example is ance is applied. For Washington D.C. In 1791 instance, you must consider the famous Major L'Enfant the definition before you produced a plan with apply the ordinance to a mobile radial and diagonal streets home park, a kennel, or a superinposed over a grid- homeoccupation. iron system, wide boulevards, huge green open spaces, and fountains leading to the capitol buildings. During the industrialization of the United States, several physical ills created numer- ous social problems. Most A notable of these were poor HOW WE GOT HERE FROM THERE sanitation and housing which OR--A GENERAL HISTORY OF LAND lead to disease and slums. USE PLANNING In New York City tenement life was appalling. Lawrence Public planning is as old Veiller, a New York housing as civilization itself. The reformer, led the way to Pharoahs of ancient established laws that re- Egypt planned land devel- quired permits for tenement opment, cities, and public construction with inspec- works on an impressive tion upon project comple- scale. In the sixth cen- tion. Penalties for non- tury, B.C. the prophet, compliance and a permanent Ezekiel recommended that tenement house department Jerusalem be divided into to administer and enforce zones for religious build- these new laws were also ings, for royalty, for homes, established. Included and for agriculture. Un- within this ordinance were earthed city ruins of the standards for light and Aztec people of Mexico have aircourts between buildings displayed a planned system with toilets and running of water distribution and water required in each apartment. sewage collection. Many other examples are avail- Cities enacted ordinances able. But what of the to deal with other land use United States? Is planning problems. As early as 1867 new here? a San Francisco ordinance prohibited the development The oldest example of a of slaughter houses, hog planned city in North storage facilites, and hide @A America is Philadelphia. curing plants in certain As early as 1682, William districts of the city. 20 Around the turn of the 20th regulate certain aspects Century a movement known as of development. Police power the "City Beautiful" was begun is defined as: "The power to improve conditions of municipalities to protect and the quality of life in the health, safety, and general larger cities. The first welfare of the people." attempted City Beautiful plan These acts were the basis was the 1909 plan of Chicago. for many of the existing Also in 1909, a Los Angeles state enabling acts or laws land use ordinance was for planning and zoning. passed which employed the concept of zoning; in New The depression of the 1930's York City in 1916 the first brought into focus the fact comprehensive zoning code that physical planning has was adopted. little meaning apart from social and economic factors. With the introduction of the In 1932, Franklin D. Rooseveldt automobile at reasonable prices, was elected and 13 million the 1920's experienced the people who were out of work greatest boom in automobile looked toward the White House ownership the country had for an answer to their economic ever seen. By 1930 there ills. In only two years, would be 26 million automobiles the 1934 Housing Act was in the U.S. or approximately passed, the first time government one for every five people. became involved in the housing market. In 1937 another With this increase in mobility Housing Act was passed. and less dependency on inner- This act was used as the city transit, people were foundation for most Federal on the move in every imaginable public housing programs for direction from the urban center. the next forty years. The suburbs were borni After World War II, the nation During this era of massive saw a vast expansion of suburban suburbanization, the focus housing, including the growth of city planning began to of planning as an ongoing shift to the perimeter of role of local governments, the metropolitan area. Public the development of more techn- works projects began all around ically refined zoning and the country. Sewer subdivision controls, a signi- and water lines were extended, ficant growth in the number roads were widened, etc. of planning schools, large An increase in taxation rates scale urban renewal activities, to support these projects extensive citizen participation was soon to follow. processes, and the development of the interstate highway With uncontrolled growth and system which affected cities development came problems, and towns almost everywhere. and as we all know, "necessity is the mother of invention." In the late 1960's and early Enabling legislation for planning 1970's some state governments and zoning was passed. reasserted involvement in These acts gave cities the local land use decisions police power necessary to 21 when local decisions had regional significance. This continues to be controversial in many areas. Today urban and regional planners work across the entire range of local government dealing with physical, social, functional, and economic development issues. Locally, land use controls are a fairly recent development. In 1974, the Craig City Council adopted an ordinance establishing a Planning and Zoning Commission with the responsibility to oversee the preparation of a Comprehensive Plan, Subdivision Ordinance, and some form of land use regulation. The Subdivision Ordinance was adopted in 1974; the Compr- ehensive Plan and land use ordinance were adopted in 1976. In the early 1980's the City began working on a coastal management plan which was approved in December of 1984 and went into effect for local, state, and federal consistency on May 31, 1985. To implement the Craig Coastal Management Program, the City continued planning efforts by updating its Comprehensive Plan and 'adopting a new land use ordinance, the Craig Land Development Code, Title 18 of the Craig Municipal Code. J@ 22 EXAMPLE 9 GENERAL PERMITS North Slope Borough This general permit is typical of COE general permits. It gives the North Slope Borough authority to approve placement of fill in many different locations and for more than one type of project. It allows a developer to deal with only the North Slope Borough if the developer meets the criteria specified in the permit. This permit includes: � a list of types of projects that can receive permission to place fill under the Borough's general permit (homes, commercial, industrial, etc.); � the duration of the permit; � conditions of the permit, including: - quantity of fill - slopes - discharge limits � enforcement of the permit; 0 penalties; and � required drawings, including - a location map - fill dimensions and slopes. District implementation Manual DATE Sept. 1988 PAGE 71 0 0 District Implementation Manual ' 0 UATE Sept. 1988 PAGE 72 Public Notice US Army Corps Date: Jtme 26, 1987 of Engineers Identification No GF 83-8M SM Dis1rict Reguttory ranch In reply refer to above Identification Number Post Office Box 898 Anchorage, Alaska 99506-0898 GENERAL PERMIT 83-8M Arctic Slope Housing Authority Region, Alaska (Formerly General Permit 81-8 and 83-8) A General Permit (GP) modification has been issued, under authority of Section 404 of the Clean Water Act (Public Law 95-217, 33 U.S.C. 1344 et. seq.), to authorize the placement of fill material in wetlands of eight villages within the Arctic Slope Housing Authority Region for the purpose of constructing domicile, public, and commercial development. It also authorizes the placement of fill material in wetlands for the construction of foundation pads for domiciles in areas of the region beyond the eight designated villages. The placement of fill for industrial development is not authorized by this GP. In response to the Public Notice dated February 11, 1987, comments have been received from Federal, State, and local agencies, concerned organizations, and the general public. Based on a review of all pertinent information, including a prepared Environmental Assessment, I have concluded that issuance of this permit will not have a significant adverse impact on the environment and that issuance of this permit is in the general public interest. All activities authorized under this permit must be conducted within the scope of the GP and comply with its general and special conditions. -If a proposed activity does not fall within the scope of the permit or meet the requirements of its conditions, an individual Department of the Army permit must be obtained. Individuals proposing to perform work authorized under this GP must review the permit description and conditions carefully.. Failure to comply with the terms and conditions of the permit may result in suspension of the work, revocation of the permit, and/or imposition of penalties as provided by law. GP 83-8 was issued for a period of five years effective the date of issuance and expiring five years from that date. At the end of the five-year period (January 1989), an evaluation of the program will be made and, at that time, it will be decided whether or not this permit should be renewed. The District Engineer may, at any time during the five-year period, alter, modify, or revoke this permit, if he deems such action to be in the public interest. Any questions or requests for additional information should be directed to: Alaska District, Corps of Engineers, ATTN: Regulatory Branch, Box 898, Anchorage, Alaska 99506-0898, or telephone (907) 753-2724 or 753-2712. District Engineer U.S. Army, Corps of Engineers GENERAL PERMIT 83-8M Arctic Slope Housing Authority Region, Alaska (Formerly General Permit 81-8 and 83-8) A modification of General Permit (GP) 83-8 is being issued, under authority of Section 404 of the Clean Water Act (Public Law 95-217, 33 U.S.C. 1344 et. se?,), to authorize the.placement of fill material in wetlands of eight ) villages (Anakatuvuk Pass, Atqasuk, Barrow, Kaktovik, Nuiqsut, Point Hope, Point Lay, and Wainwright) within the Arctic Slope Housing Authority (ASHA) Region. Within the eight villages, the placement of fill material is authorized with regard to the construction of domicile, public, and commercial development (see attachment A for legal descriptions and maps of village boundaries). The modification also authorizes the placement of fill material with regard to the construction of foundation pads for domiciles only in the remainder of the ASHA Region. AUTHORIZED ACTIVITIES: This GP authorizes the placement of fill material in wetlands of the designated villages for the purpose of constructing foundation pads for domicile, public, and commercial development; associated driveways and access roads; and sanitation and utility facilities, including State approved sewage treatment facilities, associated with these activities. In areas outside the eight designated villages, placement of fill material for the construction of foundation pads for domiciles is the only work authorized by the GP. The construction of roads and foundation pads associated with development other than domiciles is specifically excluded from the GP for outlying areas. Domicile development is defined as the construction of a dwelling; a place of residence; or a person's fixed, permanent, and principal home for legal purposes. Domicile development also includes work performed in association with installation of a dwelling's septic/sewage system. Public development is defined as the construction of facilities relating to business or community interests as opposed to private interests. Public development allowed by this permit shall include city halls, church buildings, post offices, fire stations, and similar projects approved by the U.S. Army Corps of fngineers (Corps). Commercial development is defined as the construction of private facilities for the exchange or buying and selling of commodities. Commercial development allowed by this permit shall include movie theatres, pool halls/arcades, video tape rentals, bingo halls, hotels/restaurants, hair salons, tanning salons, fabric/dress shops, daycare/babysitting facilities, lumber and hardware stores, and similar projects approved by the Corps. Fill material must be clean sand, gravel, or shot rock free of toxic substances in toxic amounts. Maximum fill pad dimensions shall be 100'xl25' measured at the crown. Fill pads shall be separated by a minimum distance of 20' measured from the toe of slope of the fill pads. Access roads or driveways shall be no wider than 48' at the base. In order to adequately protect the permafrost layer from thermal degradation, a layer of fill material at least 4' thick, or an equivalent amount of insulation, must be provided and maintained for all projects located in permafrost areas. CONDITIONS: All activities covered by this GP shall be subject to the following general and special conditions and attached drawings: GENERAL CONDITIONS: a. That all activities identified and authorized herein shall be consistent with the terms and conditions of this GP. Any activities not specifically identified and authorized herein shall constitute a violation of the terms and conditions of this GP. Such violation may result in the modification, suspension, or revocation of any authorization in whole or in part, as set forth in General Condition "j" below, and in the institution of such legal proceedings as the United States Government may consider appropriate, whether or not this permit has been previously modified, suspended, or revoked in whole or in part; b. That all activities authorized herein, if they involve during their construction or operation, the discharge of any pollutant, i.e., dredged or fill material, into waters of the United States, including wetlands, shall be at all times consistent with applicable-water quality standards, effluent limitations, standards of performance, prohibitions, pretreatment standards, and management practices established pursuant to the Clean Water Act (PL 95-217 33 U.S.C. 1344), the Marine Protection, Research and Sanctuaries Act of 1972 (PL 92-532; 86 Stat. 1052); and applicable State and local law; c. That when the activity authorized herein involves a discharge during its construction or operation of any pollutant, i.e., dredged or fill material, into waters of the United States, including wetlands, the authorized activity, if applicable water quality standards are revised or modified during the term of this permit, shall be modified if necessary to conform with such revised or modified water quality standards within six months of the effective date of any revision or modification of water quality standards, or as directed by an implementation plan contained in such revised or modified standards, or within such longer period of time as the District Engineer, in consultation with the Regional Administrator of the Environmental Protection Agency, may determine to be reasonable under the circumstances; 2 d. That the discharge shall not jeopardize the continued existence of a threatened or endangered species as identified in the "Federal Register," Vol. 44, No. 12, January 17, 1979, "List of Endangered Species and Threatened Wildlife and Plants" and subsequent updates, or endanger the critical habitat of such species; e. That the permittee agrees to pursue the construction and operation of authorized work in a manner that minimizes adverse impacts on fish, wildlife, and environmental values; f. That the perinittee agrees to pursue work in a manner that minimizes degradation of water quality; 9. That the permittee shall permit the District Engineer or his authorized representative(s) or designee(s) to make periodic inspections at any time deemed necessary to assure that the activity being performed is in accordance with the terms and conditions of this GP; h. That the permittee shall maintain the work authorized herein in good condition and in accordance with approved plans and drawings; i. That this GP does not convey any property rights, either in real estate or material, or any exclusive privileges; that it does not authorize any injury to property, or invasion of rights, or any infringement of Federal, State, or local laws or regulations; nor does it obviate any requirements to obtain State or local assent required by law for the activity authorized; j. That this permit may be summarily suspended, in whole or in part, upon a finding by the District Engineer that immediate suspension of the authorized activity would be in the general public interest. Such suspension shall be effective upon receipt by the permittee of a written notice thereof which shall indicate (1) the extent of the suspension, (2) the reasons for such action, and (3) any corrective or preventive measures to be taken by the permittee which are deemed necessary by the District Engineer to abate imminent hazards to the general public interest. The permittee shall take immediate action to comply with the provisions of such notice. Within 10 days following receipt of a notice of suspension, the permittee may request a hearing to present information relevant to a decision as to whether the authorization should be reinstated, modified or revoked. If a hearing were requested, it shall be conducted pursuant to procedure prescribed by the Chief of Engineers. After the completion of the hearing, or within a reasonable time after issuance of the suspension notice to the permittee if no hearing is requested, the authorization shall be reinstated, modified or revoked; and k. That this permit does not authorize activities that may affect archeological, cultural, or historic properties which the National Park 3 Service has listed on, or has determined are eligible for listing on, the National Register of Historic Places. Further, if the permittee, before or during performance of authorized work, encounters an archeological, cultural, or historic property that has not been listed or determined eligible for listing on the National Register, but which may be eligible for listing on the Register, he shall immediately stop work and contact this office. SPECIAL CONDITIONS: a. That no fill material shall be placed in streams or waterways outside designated village boundaries; b. That the maximum pad dimensions, measured at the crown, shall not exceed lDO'xl25' with a minimum distance between pads of 20'; c. That access roads and driveways shall be constructed and maintained at a maximum bottom width of 48' and a maximum top width of 36'; d. That an adequate number of culverts shall be installed and maintained to insure natural drainage patterns and natural movement of fauna; e. That the maximum side slopes of all fills shall be 2:1 (horizontal : vertical); f. That there shall be no discharge of fill material for pad or road construction within 100' of the high tide line of any tidal water nor within 100' of the ordinary high water mark of any lake, stream, river, pond, slough, or other nontidal water except for minor road crossing fills within the designated villages (a minor road crossing fill is defined as a crossing that involves the discharge of less than 200 cubic yards of fill below the plain of ordinary high water, exclusive of anadromous fish streams); g. That the discharge of fill material shall be carried out in conformance with the goals and objectives of the Environmental Protection Agency's guidelines established pursuant to Section 404(b)(1) of the Clean Water Act and published in 40 CFR 230; h. That the discharge shall not occur in a component of the National Wild and Scenic River System or in a component of a State wild and scenic river system; and i. That if the proposed discharge is within an area indicated by the heavy black lines on the attached map, information including the location and size of the proposed work site(s), including applicable drawings and description.of the purpose and intended use of the fill material, must be submitted to this office prior to the onset of work to insure compliance with the Endangered Species Act. If necessary, an informal Section 7 consultation shall be conducted. If it is determined during consultation that adverse impacts to the Arctic peregrine falcon (Falco peregrinus tundruis), or its critical habitat, or of any other threatened on endangered species, would result, GP processing shall cease and the project proposal shall undergo individual Department of the Army permit review. 4 REPORTING AND MONITORING REQUIREMENTS: The following reporting And monitoring requirements are established as part of this permit: a. The North Slope Borough (NSB) shall administer and monitor activities authorized by this permit; b. All parties desiring to perform work subject to this permit shall provide the NSB with the followin information: a statement concerning the location and size of the area?s) to be filled, a description of the proposed work including identification of its purpose and intended use, and plans indicating the extent and location of all proposed activities; c. All persons, including agencies of the NSB, shall contact the Permitting Division, Planning Department, NSB, at least 10 days prior to initiation of work; d. Authorization to proceed must be received from the NS8 prior to commencement of work; e. Approval of proposed work shall be given by the NSB only when the activity is specifically authorized. In cases involving proposed work similar to that identified in this permit, the NSB shall submit to the Corps, on a case-by-case basis, the project proposal and plans. The Corps shall determine whether the work is authorized under this permit; f. The NS8 shall provide monthly reports to this office of activities authorized under GP 83-8M. The reports shall be sent to: Chief, Regulatory Branch, Corps of Engineers, ATTN: CENPA-CO-R, Post Office Box 898, Anchorage, Alaska 99506-0898; g. An onsite monitoring program shall be implemented by the Corps with the assistance of other Federal, State, and local agencies. Work performed subject to this permit shall be inspected to verify its compliance with the permit's terms and conditions. TIME FRAME: GP 83-8 was issued in January 1984, for a period of five years. At the end of five years (January 1989). an evaluation of the permit shall be made to determine whether it should be renewed. However, the District Engineer may, at any time during the five-year period, alter, modify, or revoke this permit if he deems such action would be in the public interest. PENALTIES FOR VIOLATIONS: All work performed under this permit shall be in compliance with its terms and conditions. Failure to comply with its terms and conditions may result in suspension of the work, revocation of the permit, removal of the 5 fill, restoration of the wetland, and/or imposition of penalties as provided by law. The discharge of fill material not in accordance with the terms and conditions of this GP is a violation of Section 301 of the Clean Water Act (33 U.S.C. 1319), and upon conviction thereof, the violator is punishable, in accordance with Section 309 of the Clean Water Act (33 U.S.C. 1319), by a fine of not less than $2,500 per day of violation, or by imprisonment of not more than one year, or both. Violators are also subject to a civil penalty not to exceed $10,000 per day of the violation. REVOCATION OF GENERAL PERMIT: This permit may be revoked at any time by issuance of a Public Notice should the District Engineer determine that the singular or cumulative effects of the activities authorized herein have an adverse effect upon the public interest. Following such revocation, any future activities in areas covered by this GP shall be subject to individual permit authority. BY AUTHORITY OF THE SECRETARY OF THE ARMY: ;ZSiore4@' . @Oia Chief, Regulatory Branch 6 FILL DIMENSIONS 415 MAx. LYN) or -.0',,0' 4 0- f r. .41 01 r- 0- oft 'I. so AMC FOURD 00 NILL PAZ 40 z General RerryitT For lie- con&ruitwn of accj= TYPICAL CON5MUCTION PAD roa&l drwcw@ and paAr. PAGE I 10 1. Arctic Slope Pa 'mul Housing Authority 11. North Pad Ific Rim Fk=ing Authority 2. X4XA Reponal HambW Authority 3.2. TUnSit HLida Regional 3. I==-!= Regional Hazing Authority Hazing Authority 4. Bering S=aits Pagiaml Hazing Authority S. AVCP Hazing ArtboriV Region. 6. Bristol Bay Hazing Authority Region 7. Zodiak Island Housing Authority 8. Aleutian Island Housing Authority Region 9. Cook Inlet Hazing Authority Region 10. Copper River. Basin Regiocal Housing Authority Region PAGE 2 of 3 RANGE OF THE ARCTIC PEREGRINE FALCON JEAUFORT SEA . . . . . . . .... 1-7 14ir- 0#0 .00, 40 Af4j.6 0 Aff: @f 05- n 1. rx- M - IVOR Aj, SEA LEGEND mllgL: 04 41* irl VakvA 000' Pagel of Attachment A Village Legal Descriptions for Purposes of GP 83-8M Wainwright T. 15 N., R. 31 W., sections 7, 8, 18, 19, and 30; SWI/4 section 4; 5 1/2 section 5; NWI/4 section 17; W1/2 section 9; U.M. T. 15 N., R. 32. W., sections 13, 23, 24. 25, 26, and 27, U.M. Nuiqsut T. 10 N., R. 4 E., all of sections 11 and 24, all of section 14 except-SWI/4, NEI/4 of section 23, and those portions of sections 12 and 13 that lie south and west of the Nechelik Channel, U.M. T. 10 N., R. 5 E., that portion of section 19 lying west of the north/south oriented creek, known locally as Tulugaluk Creek and that portion of section 18 lying south of the Nechelik Channel, U.M. Barrow T. 22 N., R. 18 W., sections 4, 5, 6, 7, 8, and 18, U.M. T. 22 N., R. 19 W., sections 1, 12, 13, 14, 23 and 24 north of Nunavak Bay, U.M. T. 23 N., R. 18 W., sections 14, 22, 23, 27, 28, 32, and 33, U.M. Anaktuvuk T. 15 S., R. 2 E., section 19, NWI/4 section 20, E1/2 Pass sectfon 18, W112 and NE1/4 section 17, and S1/2 section 8, U.M. Point Hope T. 34 N., R. 34 W., sections 18, W1/2 17, K.R.M. T. 34 N., R. 35 W., sections 9-11 and 13-17, K.R.M. Atqasuk T. 13 N., R. 21 W., those portions of sections 7, 18, and 19 lying west of mean high water of the Meade River, U.M. T. 13 N., R. 22 W., sections 1. 12, 13, 24, excluding Ikmakrak Lake, U.M. Kaktovik T. 9 N., R. 33 E., sections 13, 14, 24, and 25, U.M., excluding offshore areas. T. 9 N., R. 34 E., sections 17-19 and 30 on Barter Island, U.M., excluding offshore areas. Point Lay T. 4 N., R. 45 W., sections 4-6, U.M. T. 5 N., R. 44 W., that portion of section 30 lying south and a west of the mean high water line of the Kokolik River, section 31, U.M. T. 5 N., R. 45 W., that portion of section 25 lying south of the mean high water line of Kokolik River, section 36, U.M. EXAMPLE 10 GENERAL PERMITS City and Borough of Sitka The City and Borough of Sitka initially received authority for five General Permits from the COE in 1981. Two of the types of activities were subsequently given nationwide authority. The remaining three permits address: bank stabilization; private residential docks; and sanitary sewer outfalls. To earn permit issuance authority, Sitka submitted a detailed application which included a Sitka Coastal Habitat Evaluation prepared by DFG. This exampleincludes thepermits, adiscussionof how they were received, and the local review process of activities authorized under them. District Implementation Manual DATE Sept. 1988 PAGE 73 I 0 0 IDistrict Implementation Manual ' 0 DATE Sept. 1988 pAGE 74 j DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT. ALASKA P.O. Box ANCHORAGE, ALASKA 995064M NPACO-R General Permit 81-21M GENERAL PERMIT PLACE FILL MATERIAL FOR BANK STABILIZATION WITHIN DESIGNATED AREAS OF THE CITY AND BOROUGH OF SITKA, ALASKA Upon the recommendation of the Chief of Engineers, pursuant to Section 10 of the River and Harbor Act of 1899 (30 Stat 1151; 33 U.S.C. 403) and Section 404 of the Clean Water Act (PL 95-217, 33 U.S.C. 1344 et. seq.) general authority for the public at large is hereby authorized by the Secretary of the Army: To place sand, gravel, and shot rock material free of toxic materials for the purpose of bank stabilization. All activities covered under this General Permit (GP) will be subject to the following conditions: 1. SPECIAL CONDITIONS: a. That this GP is applicable to work within the waters adjacent to the City and Borough of Sitka (CBS) road system from Silver Bay on the South to Starrigavan Bay on the north including the islands of Sitka Sound. b. That fill material shall not exceed 500 cubic yards in both tidal and non-tidal waters and shall not extend below the mean lower low water elevation in tidal areas. c. That no fill material shall be placed in any vegetated wetland. d. That all areas within 50' of anadromous streams and lakes shall be excluded from the GP. e. That all discharges shall consist of material free of toxic substances in other than trace quantities and shall be obtained from a previously identified site approved by the District Engineer. 1 1 f. That this GP only applies to work along shorelines which are experiencing erosion due to water and/or wave erosion and the purpose of the fill shall be to protect, not expand, existing property. NPACO-R General Permit 81-21M g. That there shall be no inwater construction activity along the .shoreline north of Thomsen Harbor to and including Starrigavan Bay and around the islands of Sitka Sound, during the period from March 15 to May 31, inclusive. h. That the fill shall be armoured with riprap to prevent further erosion by water or wave action. 2. GENERAL CONDITIONS: a. That all activities accomplished under this authorization be consistent with all the terms and conditions of the GP. b. That all activities authorized herein shall, if they involve during their construction or operation, any discharge of pollutants into waters of the United States be at all times consistent with.applicable water quality standards, effluent limitations and management practices established pursuant to the Federal Water Pollution Control Act of 1972 (PL 92-500, 86 Stat. 816), the Marine Protection, Research and Sanctuaries Act of 1972 (PL 92-532; 86 Stat. 1052) and pursuant to.applicable State and local law. c. That this GP will not be applicable to proposed construction when the DE determines after any necessary investigations that the proposed activity would adversely affect historic, cultural or archeological sites listed in or eligible for inclusion in the National Register of Historic Places. 0 d. That the activity will not jeopardize the continued existence of a threatened or endangered species as identified under the Endangered Species Act, or endanger the critical habitat of such species. e. That the permittee agrees to make every reasonable effort to prosecute the construction or operation of the work authorized herein in a manner so as to minimize any adverse impact on fish, wildlife, and natural environmental values. f. That the permittee agrees that he will prosecute the construction or work authorized herein in a manner so as to minimize any degradation of water quality. g. That the permittee shall allow the CBS or the District Engineer or his authorized representative(s) or designee(-S) to make periodic inspections at any time deemed necessary in order to assure that the activity being performed is in accordance with the terms and conditions prescribed in the GP. Ii. That the permittee shall maintain the structure or work authorized herein in good condition and in accordance with approved plans and drawings. NPACO-R General Permit 81-21M i. That this GP does not convey any property rights, or exclusive privileges; that it does not authorize any injury to the property, or rights of others nor does the GP obviate the need to obtain other Federal, State or local authorizations required by law. J. That this GP or an activity being performed under authorization of this permit, may be either modified, suspended, or revoked in whole or in part, if the Secretary of the Army or his authorized representative determines that there has been a violation of any terms or conditions of this permit or that such action would otherwise be in the public interest. k. That any modification, suspension, or revocation of the GP shall not be the basis for any claim for damages against the United States. 1. That this permit doe *s not authorize the interference with any existing or proposed Federal project. m. That no attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the activity authorized by this permit. n. That the permittee, upon receipt of a either a notice of revocation of the GP or notice of revocation of authorization for his particular activity shall, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the waterway to its former conditions, This permit will be in effect on the date of the authorizing official's signature. The GP will be in effect for a period of 5 years. At the end of the 5-year period, an evaluation of the program w0l be made and at that time and it will be decided whether or not this permit should be renewed. The DE may, at any time during this 5-year period, alter, modify, or revoke this permit, if he deems such action to be in the public interest. Permittee hereby accepts and agrees to comply with the terms and conditions of this permit. BY AUTHORITY OF THE SECRETARY OF THE ARMY: Date 7 Robert C=Ja Chief, Regulatory Branch DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, ALASKA P.O. Box 898 ANCHORAGE. ALASKA 99506-089S NPACO-R General Permit 81-20M GENERAL PERMIT PLACE RESIDENTIAL SANITARY SEWER OUTFALL LINES WITHIN DESIGNATED AREAS OF THE CITY AND BOROUGH OF SITKA, ALASKA Upon the recommendation of the Chief of Engineers, pursuant to Section 10 of the River and Harbor Act of 1899 (30 Stat 1151; 33 U.S.C. 403) and Section 404 of the Clean Water Act (PL 95-217, 33 U.S.C. 1344 et. seq.) general authority for the public at large is hereby authorized by the Secretary of the Army: To place sand, gravel, and shot rock material free of toxic substances in connection with the construction of sanitary sewer outfall lines. All activities covered under this General Permit (GP) will be subject to the following conditions: 1. SPECIAL CONDITIONS: a. That this GP is applicable to work within the waters adjacent to the City and Borough of Sitka (CBS) road system from Silver Bay on the south to Starrigavan Bay on the north including the islands of Sitka Sound. b. That all discharges shall consist of material free of toxic substances in other than trace quantities and fill discharge material shall be obtained from a previously identified site approved by the District Engineer (DE). c. That all sewer discharges must terminate below -4.0' (MLLW). d. That there shall be no inwater construction activity along the shoreline north of Thomsen Harbor to and including Starrigavan Bay and around the islands of Sitka Sound during the period from March 15 to May 31, inclusive. e. That the amount of fill shall be limited to what is necessary as backfill, bedding and/or cover for the immediate discharge line. f. That discharges of fill material into tidal wetlands or subtidal vegetated beds are not authorized under this GP. NPACO-R General Permit 81-20M 2. GENERAL CONDITIONS: a. That all activities accomplished under this authorization shall be consistent with all the terms and conditions of this GP. b. That all activities authorized herein shall, if they involve, during their construction or operation, any discharge of pollutants into waters of the United States be at all times consistent with applicable water quality standards, effluent limitations and standards of performance, prohibitions, pretreatment standards, and management practices established pursuant to the Federal Water Pollution Control Act of 1972 (PL 92-500, 86 Stat. 816), the Marine Protection, Research and Sanctuaries Act of 1972 (PL 92-532; 86 Stat. 1052) and pursuant to applicable State and local law. c. That this GP will not be applicable to proposed construction when the DE determines after any necessary investigations that the proposed activity would adversely affect historic, cultural or archeological sites listed in or eligible for inclusion in the National Register of Historic Places. d. That the activity will not jeopardize the continued existence of a threatened or endangered species as identified under the Endangered Species Act, or endangpr the critical habitat of such species. e. That the permittee agrees to make every reasonable effort to prosecute the construction or operation of the work authorized herein in a manner so as to minimize any adverse impact on fish, wildlife, and natural environmental values. f. That the permittee agrees that he will prosecute the construction or work authorized herein in a manner so as to minimize any degradation of water quality. g. That the permittee shall allow the CBS or the DE or his authorized representative(s) or designee(s) to make periodic inspections at any time deemed necessary in order to assure that the activity being performed is in accordance with the terms and conditions prescribed in the GP. h. That the permittee shall maintain the structure or work authorized herein in good condition and in accordance with approved plans and drawings. i. That this GP does not convey any property rights, or exclusive privileges; that it does not authorize any injury to the property or rights of others nor does the GP obviate the need to obtain other Federal, State or local authorizations required by law. J. That this GP, or an activity being performed under authorization 0 DEPARTMENT OF THE ARMY UX ARMY ENGINEER DISTRICT, ALASKA P.O. Box 898 ANCHORAGE,ALASKA 90MU98 RaftV ve NPACO-R ATTMVI" OV@ General Permit 81-17M GENERAL PERMIT CONSTRUCTION OF FIXED AND/OR FLOATING DOCKS WITHIN DESIGNATED AREAS OF THE CITY AND BOROUGH OF SITKA, ALASKA Upon the recommendation of the Chief of Engineers, pursuant to Section 10 of the River and Harbor Act of 1899 (30 Stat 1151; 33 U.S.C. 403) general authority for the public at large is hereby authorized by the Secretary of the Army: To construct fixed and/or floating docks and associated mooring pilings for private single family use in or over navigable waters. All activities covered under this General Permit (GP) will be subject to the following conditions: 1. SPECIAL CONDITIONS: a. That this GP is applicable to work within the waters adjacent to the City and Borough of Sitka (CBS) road system from Silver Bay on the south to Starrigavan Bay on the north including the islands of Sitka Sound. b. That structures authorized under this GP are limited to less than 300 square feet surface area, exclusive of the ramp. Associated mooring pilings are not included in this surface area. c. That no discharge of dredged or fill material into navigable waters or adjacent wetlands is authorized. d. That living quarters, toilets, or fueling facilities are not authorized. e. That dock and floats must be for private single family use only. f. That*there shall be no inwater construction activity along the shoreline north of Thomsen Harbor including Starrigavan Bay and around the islands of Sitka Sound during the period from 15 March to 31 May, inclusive. That construction of marinas, commercial piers, multiple-family structures, dredging, bulkheading, boat launching ramps, marine railways, hoists, storage houses, or any other structures are not covered under the NPACO-R General Permit 81-17M authority of this GP. An individual Department of the Army permit must be obtained from the Corps of Engineers prior to construction of these projects. h. That the vertical surfaces of the floating,docks must be painted white unless a specific waiver is requested from and granted by the United States Coast Guard. 2. GENERAL CONDITIONS: a. That all activities accomplished under this authorization be consistent with all the terms and conditions of this GP. b. That this GP will not be applicable to proposed construction when the DE determines after any necessary investigations that the proposed activity would adversely affect historic, cultural,or archeological sites listed in or eliglible for inclusion in the National Register of Historic Places. c. That the activity will not jeopardize the continued existence of a threatened or endangered species as identified under the Endangered Species Act, or endanger the critical habitat of such species. d. That the permittee agrees to make every reasonable effort to prosecute the construction or operation of the work authorized herein in a manner so as to minimize any adverse impact on fish, wildlife, and natural environmental values. e. That the permittee agrees that he will prosecute the construction or work authorized herein in a manner so as to minimize any degradation of water quality. f. That the permittee shall allow the CBS or the District Engineer or his authorized representative(s) or designee(s) to make periodic inspections at any time deemed necessary in order to assure that the activity being performed is in accordance with the terms and conditions prescribed in the GP. g. That the permittee shall maintain the structure or work authorized herein in good condition and in accordance with approved plans and drawings. h. That this GP does not convey any property rights, or exclusive privileges; that it does not authorize any injury to the property, or rights of others. i. That this GP does not obviate the requirement to obtain other Federal, State or local authorizations required by law. 2 NPACO-R General Permit 81-17M J. That this GP or an activity being performed under authorization of this permit, may be either modified, suspended, or revoked in whole or in part, if the Secretary of the Army or his authorized representative determines that there has been a violation of any terms or conditions of this permit or that such action would otherwise be in the public interest. . k. That any modification, suspension, or revocation of the GP shall not be the basis for any claim for damages against the United States. 1. That this permit does not authorize the interference with any existing or proposed Federal project. m. That no attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the activity authorized by this permit. n. That if the display of lights and signals on any structure or work authorized herein is not otherwise provided for by law, such lights and signals as may be prescribed by the United States Coast Guard shall be installed and maintained by and at the expense of the permittee. o. That the permittee, upon receipt of a either a notice of revocation of the GP or notice of revocation of authorization for his particular activity shall, without expense to the United States and in such time and manner as the. Secretary of the Army or his authorized representative may direct, restore the waterway to its former conditions. p. That the permittee hereby recognizes the possibility that the structure.permitted herein may be subject to damage by wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to insure the integrity of the structure permitted herein and the safety of boats moored thereto from damage by wave wash. The permittee shall not hold the United States liable for any such damage. This permit will be in,effect on the date of the authorizing official's signature. The GP will be in effect for a period of 5_years. At the end of the 5-year period, an evaluation of the program will be made and at that time it will be decided whether or not.this permit should be renewed. The DE may, at any time during this 5-year period, alter, modify, or revoke this permit, if he deems such action to be in the public interest. EXAMPLE 11 CONSISTENCY REVIEW Municipality of Anchorage Checklists The Municipality of Anchorage planning staff use checklists to assure that proposed projects are evaluated for compliance with all municipal land use policies. The Planning Criteria Performance Checklist is used to evaluate projects that require more than one municipal review. A designated member of the Department of Economic Development and Planning uses this check- list as a guide in consulting staff from other departments to assemble their rec- ommendations. The CMP Checklist for Consistency Recommendations is used by the Coastal Coordinator or his designee to assess proposed projects that may not require any other municipal reviews (an offshore drilling proposal, for example). Both checklists are in-house tools to assure that proposed projects are given thorough, standard reviews. District Implementation Manual DATE Sept. 1988 PAGF, 7 I 0 0 District Implementation Manual 0 DATE Sept. 1988 pAGE 76 1 Comprehensive Planning Division Planning criteria performance checklist Land Us* Soctloft case No. Como iance 1. Comprehensive Plan y*s part no n/a comments E] Anchorage 0 Eagle River/Chugiak/Peters Creek C1 Turnagain Arm A. Land Use Map B. Phasing Map C. Goals/Policies 2. CBD Development Plan A. Land Use Map B. Goals/Policies 3. Hillside Wastewater Mgmt Plan 4. Wetlands Mgmt Plan 5. Coastal Zone Mgmt Plan 6. Creek Maint./Stream Protection 7. Seismic Zone 5 Policy 8. Avalanche Hazard Area Policy 9. Park/Greenbeit/Rec-Fac Plan A. Anchorage B. Eagle River C. Turnagain Arm D. Far North Bicentennial Park Plan Update E. Eagle River Greenbelt Plan 10. Trails Plan 11. Zoning Dist Intent Statement 12. Landscaping 13. Transition/Buffering Requirements 14. Screening Easements Date Reviewer COASTAL MANAGEMENT PROGRAM CHECKLIST FOR CONSISTENCY RECOMMENDATIONS 1. who is the applicant for the proposed action? 2. Where is the proposed action located? (Physical location) (Legal description) 3. What is the action that is being proposed? (Give a. brief description, such as "widening of road" or "construc-rion of hydroelectric facilities.") 4. What uses, activities, resources and habitats may bl-;-_ significantly affected? 5. If wetlands are to be affected, what is their desigi@@tion? 6. Will the proposed action affect an AMSA? 7. Applicable policies in the Anchorage Coastal Management Plan: 8. Applicable policies in the Anchorage Wetlands Manaqerent Plan: 9. Analysis: (over) 10. The Municipality of Anchorage makes the following consistency determination for the proposed action. Consistent with Anchorage Coastal Management Program. Consistent with Anchorage Coastal Management Program, if stipulations are applied. Inconsistent with Anchorage Coastal Management Program. 11. Based on the evaluation of consistency conducted in Items 9 and 10 the following changes or conditions are recommended to resolve conflicts and/or make the action consistent with the Anchorage Coastal Management Program. EXAMPLE 12 CONSISTENCY REVIEW City of Hydaburg Checklist This consistency review checklist is unusual because it is referred to specifically by an ordinance. The checklist provides for: � staff review and recommendations; � Mayor's recommendation; � Planning Commission approval; � City Council decision (acting as a Board of Adjustment (or Appeal), if necessary); and 0 0 indication of state or federal permits required. District Implementation Manual nA--rc Ran . 1988 PAGE 77 0 0 1District Implementation Manual- 0 DATE Sept. 1988 PAGE 78 j P R 0 J E C T A P P L I C A T 1 0 N F 0 R M 1. APPLICANT NAME/ADDRESS: 2. LOCATION OF ACTIVITY: 3. TYPE OF ACTIVITY: 4. PURPOSE OF ACTIVITY: 5. FUTURE LAND USE DESIGNATION AT LOCATION: 6. MAP SHOWING LOCATION OF PROPOSED ACTIVITY MUST BE ATTACHED TO THIS APPLICATION. THE MAP SHALL BE DRAWN TO SCALE AND SHALL INCLUDE THE FOLLOWING FOR ACTIVITIES A THROUGH Ht North arrow A scale not to exceed I inch to 50 -feet Adjacent land uses Adjacent streets, roads, trails Any adjacent or nearby bodies of water Easements and rights of way within and adjacent to the project site Maps which accompany activities listed Linder I should also includes A scale drawing of proposed new lot lines Topographic lines at a ten foot interval All proposed right-o-f-ways and utility easements within the proposed now lots Dimensions of proposed new lots QUESTIONS 7-15 TO BE FILLED OUT BY CITY 7. APPLICABLE POLICIES FROM THE HYDABURG COASTAL PROGRAM: S. PROPOSED ACTIVITY IS: E I CONSISTENT E I INCONSISTENT WITH FUTURE LAND USE MAP. IF CONSISTENT, DESCRIBE ACTIVITY. IF INCONSISTENT, DESCRIBE POTENTIAL CONFLICTS BETWEEN THE PROPOSED ACTIVITY AND THE DESIGNATION SHOWN ON THE FUTURE LAND USE MAP. 9. IF THE ACTIVITY IS INCONSISTENT WITH APPLICABLE COASTAL PROGRAM POLICIES OR WITH LAND-USE DESIGNATIONS GIVEN ON THE FUTURE LAND USE-MAE, GIVE MEASURES WHICH WOULD REDUCE OR ELIMINATE THE CONFLICT. - ------ --- 10. DOES THE PROPOSED ACTIVITY REQUIRE ANY STATE OF FEDERAL PERMITS? If yes, list the permits which are required. 11. MAYOR'S (OR HIS DESIGNEE'S ) RECOMMENDATION. 12. PLANNING AND ZONING COMMISSION DECISION. 13. SIGNATURE OF PLANNING AND ZONING COMMISSION CHAIR. (`vjqro;P+LWe dF?rtotf-z,-- approval). 14. CITY COUNCIL DECISION. I-S i i@ t. J ng a i- zt Do E,, i - 0 o AdjL(Stment). ..... . . ... 15. SIGNATURE OF MAYOR. (jr@s Ctlair o+ [email protected] L,-f AdjUStME' r1l, A T T A C H M E N T # 1 DATE OF REVIEW: April 5, 1988 4:52pm P R 0 J E C T I N F 0 R M A T I 0 N PROJECT TITLE: REFERENCE NUMBERS: STATE I.D. No. EPA Reference No. Corps Reference No. APPLICANT CONDUCTING ACTIVITY: DGC CONTACT: 465-3562 ACTIVITY TYPE: Public Utilities/Facilities Mining Private Residential /Commercial Land Management Plan Timber Aquaculture Other LOCATION OF ACTIVITY: Hydaburg District Hydaburg Planning Area Area Meriting Special Attention REVIEW MILESTONES: DAY ONE: REVIEW SCHEDULE: 30-Day/50-Day/Other REQUEST FOR ADDITIONAL INFORMATION BY: COMMENTS DUE BY: PROJECT STATUS NOTIFICATION BY: DECISION DEADLINE: PROJECT PREVIOUSLY REVIEWED UNDER STATE I.D. NO.: STATE APPROVALS: DEC Air Pollution Discharge DEC Certificate of Reasonable Assurances (401) DEC/EPA Wastewater Discharge DNR Gas & Oil Leasing DNR Land Use Permit DNR Mineral Leasing DNR Tideland Lease DNR Water Appropriation DNR Wells & Field Listing DOTPF Driveway DOTPF Encroachment DOTPF Utility FEDERAL APPROVALS: Army Corps of Section 404 Army Corps of Section 10 Coast Guard Hazardous Wastes Federal Environmental Impact Statement FERC Hydroelectric: License Solid Waste Management PART I D E S C R I P T I 0 N 0 F P R O P O S E D A C T I O N What is the action that is being proposed? PURPOSE: PART II I M P A C T E V A L U A T I O N 1. What type of habitat or area will be affected by the proposed action? (Enter "D" for directly affecting or "I" for indirectly affecting areas.) WATERWAY OR WETLAND AREA Marine water Shoreline/tidal Stream or lake Wetland habitat (marsh, etc.) Muskeg UPLAND AND NON-AQUATIC AREA Within major drainage Directly adjacent to water body Generally unrelated to water body ZONING OR MANAGEMENT PLAN DESIGNATION (If known): 3. What is the quality of the affected habitat? (May need to consult ADF&G) 4. Have the affected uses, activities, resources, and habitats been mapped or inventoried in the coastal management program? 5. What is the nature and significance of the potential alteration(s)? (EXAMPE: access to a significant recreation area will be obstructed; an important traditional fishing area will be degraded by development activities.) The district may conclude at this point that it has insufficient information to fully evaluate the impacts and significance of the proposed action. If so, the following means may be used to obtain further information or assistance: a. Consult with appropriate city council advisory groups or persons b. Hold a public meeting to obtain public opinion c. Consult with the proponent or lead agency d. consult with other appropriate agencies (such as: ADF&G, ADEC, ADNR) 6. Are alternative sites available for the proposed action? 7. Have alternative sites been considered by the proponent or lead agency? PART I I I C O N S I S T E N C Y D E T E R M I N A T I O N 1. Are the alterations that will result from the proposed action consistent with all applicable policies of the coastal management program? Name the policies with which the action is consistent/inconsistent, and briefly describe why the action is consistent/inconsistent. Attach additional sheets if necessary) 2. What is the district's consistency determination for the proposed action? Consistent with the Hydaburg Coastal Management Program Inconsistent with the Hydaburg Coastal Management Program May be consistent if certain conditions or changes are applied (go to question 3) 3. What changes or conditions does the district recommend that may resolve conflicts and make the action consistent with the coastal management program? 4. FOR DISTRICT ONLY-->Does the District request that "great weight" be given to its determination because of the significance of the action? 5. What additional comments does the district have to support its consistency determination? EXAMPLE 13 CONSISTENCY REVIEW City and Borough of Juneau Checklists These checklists are included in the Juneau Coastal Management Prograrn. They provide a simple for-mat that a reviewer can use to review the consis- tency of a proposed project with a CMP. Key features are: There is a short-form consistency review checklist which helps determine: - whether the project is within the City and Borough of Juneau (CBJ) coastal area; - whether the project is automatically consistent (based on the type of activities proposed); and - whether the project needs furtherreview by the Department of Community Development. The Detailed Consistency Checklist lists all of the CMP's enforceable policies. The review then checks off whether the proposed develop- ment complies with each policy. As part of the analysis for each subject area (i.e. coastal development, geophysical hazards), the review pinpoints any unmet policies. District Implementation Manual DATE Sept. 1988 PAGE 79 I 0 0 District Implementation Manual 0 DATE Sept. 1988 PAGE 80 j CITY AND BOROUGH OF JUNEAU COASTAL MANAGEMENT PROGRAM SHORT CONSISTENCY CHECKLIST Division of Protective Inspection 1. Application Number 2. Date of Application 3. Name of Applicant 4. Description of Proposal: (may be attached on additional sheets) 5. Location of Proposal: 6. Is the proposal within the CBJ coastal area? (If no, process ends here.) 7. Is the proposal to be located in any of the Special TU _NU Waterfront designations described in Section 49.55.140? 8. Is the proposal a floating structure needing a conditional use permit under Section 49.55.030 (n)(o)(p, or (q)? 9. Does the proposal require filling or any encroachment TET 7M of intertidal areas, wtlands, streams, lakes, rivers, or floodplains? 10. Are any basic state or federal permits needed in order for the proposal to proceed? Is the proposal anything other than a one-to-four unit residential structure and/or normal appurtenances such as driveways, utilities, garages, and out- buildings? 12. If adjacent to a river, stream, lake or vatershed subject to Section 49.55.120(f) or (g), is deviation from the 50 foot setback requirement being sought? 129 Ci ty and Borough of Juneau Coastal Management Program Short Consistency Checklist Page No. 2 13. If the ansker to questions 7 through 12 is "no" in each case, then the proposal is prima facie consistent with the CBJ coastal program and needs no further review. /S/ For the City and Borough of Juneau Division of Protective Inspection 14. If any of questions 7 through 12 have been answered with a 11ye s11 the proposal must be taken to the City and Borough of Juneau Department of Community Development for a consistency decision, which may be made by the Department or may need to be made by the Planning Commission. /S/ For the City and Borough of Ju-neau Division of Protective Inspection 130 CITY AND BOROUGH OF JUNEAU COASTAL MANAGEMENT PROGRAM DETAILED CONSISTENCY CHECKLIST I. General Department of Community Development A. Application Number State application number (if applicable) B. Date of Receipt C. Name of Applicant D. Description of Proposal (may attach additional sheets) E. Location of Proposal F. Outcome of Cursory Review (This would include a description of additional informatioT needed for full--s-ca-l-ereview. G. Outcome of preliminary review (This will include a@y suggested modifications or mitigating measures which wou Id cause the proposaT76-be consistent. H. Outcome of final review (This will include any sti5ulations or conditions which aFe-- added in order to make the proposal consistent.-T- I. Date by which requests for further information must be made to coordinating agency (if applicable) J. Date by which public hearing request must be submitted to coordinating state agency (if applicable) K. Date by which consistency comments must be submitted to coordinating state agency (if applicable) L. State agency project coordinator and contact phone number (if applicable 131 49.55.030 Coastal Development A. Enforceable Policies N/A YES NO (a) Hazards minimized? (b) Adverse effects prevented? (C) Dredge and fill regulations met? M Productive areas avoided? (e) 1. Navigation not impaired? 2. Waste and fuel facilities provided? 3. Water pollution prevented? 4. Access and utility access provided? M Tideflats, wetlands, fish passage avoided? (g) Flushing, circulation okay? (h) Anadromous fish vaterbodies undisturbed? M Harbor areas kept for water relevant uses? 0) Port/harbor-minimize adverse impacts and allow public viewing opportunities? M Navigable waters kept free of hazards and obstructions? (1) Scenic qualities kept? (M) No fill below mean high tide? U (n) Not a floathome? (If "NO go to floathome regulations which have a separate checklist.) (0) Not a floating camp or floating structure intended in whole or in part for restidential use? (If "NO'l, go to floathome regulations.) (p) Not a development intended to provide moorage for two or more floathomes? (If "NO*, to to floathome regu lati on s. ) 0 (q) Not a commercial or industrial floating structure to be fixed for more than 30 days? (If "NO", go the floathome regulations.) (r) If shoreline industrial or commercial use, is site without a special waterfront designation? (s) Is shoreline use water-related or water-dependent? B. Policy Analysis: (Planning Department to discuss here any unmet policies) C. Policy Analysis: (only for CBJ-sponsored proposals.) 132 49.55.040 Geophysical Hazards A. Enforceable Policies N/A YES NO (a) Will surface modi f icati on not cause erosion,, undermining or too much scar? M When a hazard area, have mitigation measures been included? (C) Will existing vegetative cover be retained to extent feasible? M If industrial, or resource extraction in high landslide or avalanche area - is threat kept from increasing? (e) If moderate hazard, have mitigating measures been provided? M Residential/commercial/industrial development kept out of floodway? (g) Will structures near watercourses be safe from floods and allow natural drainage? (h) Flood danger increased? M If storage of heavy equipment or raw materials in floodplain, is there protection? (j) Proposal will not result in storage or disposal of toxic chemicals-Tn floodplain? (k) Sanitary landfill not proposed in floodplain? B. Enforceable Policies Analysis C. Policy Analysis: (only for CBJ-sponsored proposals.) 133 49.55.050 Recreation A. Enforceable Policies N/A YES NO (a)(1) If on vaterbody, are effects on other uses minimized? (2) Are scenic and aesthetic resources enhanced? (3) Is access designed to minimized user concentrations? W Have non-vater related facilities been kept ausy from water? (c) Proposal does not hurt protection of Auke Creek, Lake Creek and east bank of Auke Lake? B. Enforceable Policies Analysis C. Policy Analysis: (only for CBJ-sponsored proposals.) 134 49.55.060 Energy Facilities A. Enforceable Policies N/A YES NO (a) Facility site minimizes environmental and social adverse effects? M Facility site compatible with other uses and community needs? (C) Facilities consolidated? (d) Has concurrent use of facility been considered? (e) Has, will there be, cooperation with adjacent land owners and others? M Does site have sufficient acreage for expansion? (g) Does existing infrastructure satisfy industrial needs? (h) Do harbor and shipping routes have least exposure to sea hazards? M Are vessel control and collision avoidance systems to be used? (j) Does site require minimal destruction of productive habitat? (k) Does site result in shipping routes which minimize oil spills? (1) Do site and facilities allow for free passage of fish? (M) Is site one of least biological productivity and where spill can be controlled? (n) Will winds and currents disperse emissions? (o) Is site intended for industrial purposes? Will traffic be minimized? (p) Will iste not result in overcrowded harbors? C. Policy Analysis: (only for CBJ-sponsored proposals.) 135 49.55.070 Transportation and Utilities A. Enforceable Policies N/A YES NO (a) Highway and airports: Do construction and maintenance minimize environmental damage? (b) Free passage of fish enabled in anadromous stream s? Habitat disturbance prevented? Critical migration periods avoided by construction phasing? (c) Will roads and utilities protect shore features and other uses? (d) If land disposal, has access been identified/ dedicated? (e) If practicable, have bike trails been provided? M Are transportation and utility routes kept away from beaches? (g) Is parking drained, buffered, and designed to minimize dust? (h) If new development, are utilities easily available? M Can and have utility corridors been integrated with transportation corridors? (J) Have overhead lines been located to avoid interfering with vistas? B. Enforceable Policies Analysis C. Policy Analysis: (only for CBJ-sponsored proposals.) 136 49.55.080 Fish and Seafood Propagation and Processing A. Enforceable Policies N/A YES NO (a) Does proposal avoid interfering with fish? (b) If fish enhancement or aquaculture, is water quality kept? (C) If aquaculture proposal, is aesthetic impact minimized? M If aquaculture proposal, are waste control and litter standards not violated? B. Enforceable Policies Analysis C. Policy Analysis: (only for CBJ-sponsored proposals.) 137 49.55.090 Timber Harvest and Processing A. Enforceable Policies N/A YES NO (a) Has our Department of Natural Resources concurred with proposal? (b)(1) Adverse environmental impacts minimized? (2) Free movement of fish? (c)(1) In-water storage sites minimize adverse impacts? (2) Roads properly planned? (3) Stream crossings minimized? Can withstand floods? Pass fish? B. Enforceable Policies Analysis C. Policy Analysis: (only for CBJ-sponsored proposals.) 138 49.55.100 Mining and Mineral Processing A. Enforceable Policies N/A YES NO (a) Mining/mineral processing to be done in conformity with other standards? (b) Sand and gravel will not be taken from beaches, vaters, spits, or barri FFI s lands? B. Enforceable Policies Analysis C. Policy Analysis: (only for CBJ-sponsored proposals.) 49.55.110 Subsistence A. Enforceable Policies N/A YES NO Will the proposal preclude continued subsistence practices? B. Enforceable Policies Analysis C. Policy Analysis: (only for CBJ-sponsored proposals.) 139 49.55.120 Habitat A. Enforceable Policies N/A YES NO (b) Listed habitats maintained? (c)(1) Offshore areas? (2) Estuaries? (3) Wetlands and tideflats? (4) Rocky islands and seacliffs? (5) Barrier islands and lagoons? (6) Exposed high-energy coasts? (7) Rivers, streams and lakes? (8) Important upland habitat? M Use or activity conforms? (e) Is rehabilitation provided for? M Is 50:setback provided? (g) Is 50 setback provided? (h) Erosion/sedimentation prevented is buffers? B. Enforceable Policies Analysis C. Policy Analysis: (only for CBJ-sponsored proposals.) 140 49.55.130 Air, Land and Water Quality A. Enforceable Policies N/A YES NO (a) Is DEC involved/satisfied? W Are stream and lake sides protected? (c) If highvay or arterial, have berms and planting strips been provided? B. Enforceable Policies Analysis C. Policy Analysis: (only for CBJ-sponsored proposals.) 141 49.55.140 Special Waterfront Designations A. Enforceable Policies N/A YES NO (1) Is proposal allowed outright? (2) Is proposal conditional use? (3) Is proposal an accessory? (4) Is an interpretation needed to determine whether proposal is allowable, conditional use or accessory? (5) If needed, is conditional use process started? (6) If needed, is conditional use process completed? (7) Is the project being requested as continaing tater-oriented uses? 87) Is use immediately along the downtown waterfront? Is it obliged to provide a seawalk segment? B. Enforceable Policies Analysis: (include recommendation for interpretation if needed) C. Policy Analysis: (only for CBJ-sponsored proposals.) 142 EXAMPLE 14 LOCAL LAND USE PLAN City of Cordova Ordinance establishing an Area Meriting Special Attention (AMSA) The Eyak Lake AMSA is partly within and partly outside of the Cordova coastal district boundaries, but the two areas are ecologically linked. Because development at Eyak Lake could affect coastal resources in the Cordova district, Cordova drafted an AMSA management plan for the lake which was adopted by the Coastal Policy Council. This sets the framework for project reviews. The City of Cordova adopted Ordinance 613 to formally adopt the AMSA management plan into city law for the area of the AMSA within Cordova's corporate limits. The ordinance also includes specific enforceable policies which will govern the City's, as well as state and federal, project reviews. Copies of the Eyak Lake AMSA plan are available from the City of Cordova or DGC. District Implementation Manual DATE Sept. 1988 PAGE 81 I 0 . District Implementation Manual 0 ,DATE Sept. 1988 PAGE 82 CITY Of CORDOVA, ALASKA ORDINANCE 613 AN ORDINANCE OF THE CITY OF CORDOVA, ALASKA, ADOPTING THE EYAK LAKE AREA MERITING SPECIAL ATTENTION COOPERATIVE MANAGEMENT PLAN AND THE SIGNIFICANT AMENDMENTS TO THE CORDOVA COASTAL MANAGEMENT PROGRAM, AS ADOPTED BY THE ALASKA COASTAL POLICY COUNCIL ON MAY 22, 1986 WHEREAS, the Alaska Coastal Policy Council deemed it necessary to prepare a management plan for Eyak Lake; and WHEREAS, the City of Cordova deemed it necessary to prepare such a plan to protect the valuable fishery resource of Eyak Lake, and to maintain the water quality of the lake; and WHEREAS, the City has extensively solicited public opinion and has coordinated with state and federal agencies, and affected private landowners; and WHEREAS, the Significant Amendments to the Cordova Coastal Management Program (CCMP) were necessary to bring the CCMP into compliance with federal regulations; NOW, THEREFORE, BE IT ORDAINED by the City Council of the the City of Cordova, Alaska, that Title 18, Zoning, be amended as follows: 1. spetion 18.5D-Q2Q shall be amended as follows: The citation 018.50.070" in the last sentence shall be deleted, and 018.50.0950 shall be substituted therein. 0 2. Sectign 18-50.040 shall be amended as follows: The citation 018.50.0701 in the first sentence shall be deleted, and 018.50.095' shall be substituted therein. 3. Section 18,50,050(g) shall be repealed in its entirety, and reenacted to read as follows: Section 19,50,050 Policien - Generally (c) Each of the policies found in Section 16.50.070 is to be preceded by the phrase Owhere feasible and prudent". Where the phrase Ofeasible and prudent" is included in a subsection of Sections 18.50.060 or 18.50.070, the policy should be implemented consistent with sound engineering practices, and should not result in economic, social, or environmental problems that outweigh the public benefit to be derived from strict compliance with the policy. 4. Saction shall be amended as followss A. The phrase awhere feasible and prudento shall be deleted from the introductory part of the section. B. 18.50.060(a) shall be changed to add the phrase "where feasible and prudent" at the end of the sentence. C. Section 18.50.060(b) shall be changed to insert the phrase Owhere feasible and prudent" after the word 'no* in the second sentence. D. Section 18.50.060(c) shall be changed to add the phrase nwhere feasible and prudento at the end of the second sentence. -1- E. Section 18.50.060(f) shall be changed to add the phrase 0where feasible and prudent* to the end of the sentence. F. Section 18.50.060(g) shall be changed to add the phrase 8where feasible and prudento to the end of the sentence. G. Section 18.50.060(k) shall be changed to add the phrase "of Cordova, where feasible and prudent" to the end of the sentence. 5. Soctign la.50.070(il shall be repealed in its entirety. 6. Section 19-SO-090 shall be enacted, and shall provide as follows: Section la,sn,090 Policies Within'tha Mak Lake Area Meriting SRacial Attention. There is established an area within the City of Cordova which shall be defined as the Eyak Lake Area Meriting Special Attention. The boundary of the Eyak Lake Area Meriting Special Attention is as follows: on the south, the Copper River Highway from approximately Mile 7 west to the Eyak River Bridge; thence upslope from the south side of the highway to the 500 foot contour line and westerly along the 500 foot contour line to the extended projection of LeFevre Road; thence north along the projection and LeFevre Road and its extended projec- tion to the base of Tripod Hill which shall form the boundary on the west. The 500 foot contour line beginning at the base of Tripod Hill to a point where it crosses Power Creek above Ohman Falls; thence southerly along the east shore of Eyak Lake to the intersection with the section line between Sections 32 and 33; thence south along the section line to its junction with the CRH (point of beginning) which shall form the north and east boundaries. The policies outlined in Sections 18.50.090 and 18.50.095 shall govern land and water uses and activities and shoreline structures within the Eyak Lake Area Meriting Special Attention. A copy of-the Eyak Lake Area Meriting Special Attention Cooperative Management Plan as conceptually approved by the City of Cordova on January 16, 1986, is on file in the Office of the City Clerk, and is made a part of this title. The Eyak Lake Area Meriting Special Attention shall be referred to herein as the AMSA. The Eyak Lake Area Meriting Special Attention Cooperative Management Plan shall be referred to herein as the AKSA Management Plan, or the AMSA Plan. 7. Section 18.50-090 AMSA Enforceable Policies shall be enacted and shall provide as follows: A General Policies 1) The City of Cordova will utilize existing governmental structurest authorities and regulations to the maximum extent feasible to achieve the objectives of this Area Meriting Special Attention (AKSA) management plan. The City of Cordova shall follow the procedures of the State's consistency review process as stated in 6 AAC 50, to achieve consistency with the AMSA plan and Alaska Coastal Management Program (ACMP) requirements when Federal or State permits are necessary for the project. 2) Federal and State permits issued witfiin the AMSA shall be consistent with the policies of the approved AKSA plan. All consistency reviews conducted by the Division of Governmental Coordination (DGC) or other coordinating agency shall be consistent with the review procedures as outlined in 6 AAC 50 The City of Cordova shall be considered an affected district ior all projects occurring within the AMSA. -2- B Water nualily 1) In areas with poorly draining soils, development that has sewage or waste water associated with it shall not be allowed unless connected to a sewer line or connected to a self contained holding type system. 2) The natural water circulation patterns in the lake shall be maintained and essential geo-hydraulic processes of accretion, transport, and erosion shall not be interrupted. 3) Storm water runoff controls sufficient to prevent water quality degradation shall be imposed on development adjacent to Eyak Lake and adjoining tributaries. 4) No development shall take place without providing adequate measures to provide for natural surface drainage runoff. 5) Clearing and grading operations shall be conducted in a manner so as to prevent soil erosion and sediment runoff into Eyak Lake and adjoining tributaries. The developer is responsible for utilizing the best available erosion control measures to minimize erosion and sediment runoff during clearing and construction of a proposed project. The developer will be responsible for submitting a plan to permitting agencies stating how cleared land will be stabilized to prevent future erosion and sedimentation of the lake. 6) Spreading oil or other pollution agents (as defined by the Environmental Protection Agency (EPA)) for dust control or surface stabilization is prohibited unless a permit for the activity has been issued by the Alaska Department of Environmental Conservation. 7) No contaminants shall be discharged into lake and stream waters which would degrade water quality below State or Federal standards. 8) Upland habitats shall be managed to retain natural drainage patterns and vegetation cover on steep slopes (70 percent or greater), and along shorelines and stream banks to prevent excessive runoff and erosion, protect surface water quality and natural ground water recharge areas. C Fishery Production 1) Maintenance and enhancement of spawning areas shall be given priority consideration for shorelines. Shorelines having banks, beaches, and beds critical to the preservation of the fisheries resource base, indicated on Figure 10 of the AMSA Plan as lake and stream spawning areas, shall be maintained in their productive natural condition. 2) A coordinated review in accordance with 6 AAC 50 shall be required with Alaska Department of Fish and Game (ADF&G) and appropriate federal and State agencies before any activity in a water body is undertaken. 3) Facilities for storing and distributing fuel shall not be located within the actiye floodplain of a stream. D Wildlife Habitat 1) In freshwater marshes and wetlands, maintenance of the natural functions is the highest priority. Development is prohibited except where it will not alter the natural functions or fish and wildlife habitat and where it meets a greater long-term public need. 2) All public works activities such as transportation projects, utilities, sewers, and drainage activities shall protect any freshwater marshes and wetlands from adverse impacts unless there -3- is a significant public need for a proposed use or activity for which no feasible and prudent alternative exists and all feasible and prudent steps have been taken to maximize conformance with the ANSA plan policies. 3) Wildlife habitat contained in the areas adjacent to the eastern shore of the lake from the mouth of Hatchery Creek to the ADF&G weir, including the wetland north of the Copper River Highway (CRB) and east to the AMSA boundary, shall be protected from adverse impacts. The resources principally using this habitat are the feeding and resting birdlife and nesting eagles, swans and loons particularly. 4) Habitat of swans, eagles and loons shall be protected. E Future Development 1) Water-dependent and water-related uses and activities shall be given priority consideration for location on the lakeshore. Uses and activities other than residential uses that are neither water-dependent nor water-related shall only be allowed if there is no feasible and prudent inland alternative to meet the public need for the use or activity. 2) Only those uses which require an over-water location shall be permitted beyond the ordinary high water mark of the lake or inside the natural wetland boundary. 3) where feasible and prudent, developments in or over the water, such as piers, docks, and protective structures shall be located, designed, and maintained in a manner which prevents adverse impacts upon air and water quality, fish, wildlife, scenic and vegetative resources. 4) Floating or open pile or pier support structures shall be used in lieu of fill for piers or docks which project into the water. 5) Development which would be a hazard to public health, safety, or the general welfare or would materially interfere with the natural processes shall not be allowed. 6) Adequate building setbacks from lake and stream waters and wetlands shall be established and maintained. These setbacks shall be a minimum of 20 feet from any part of a structure to the ordinary high water'mark. Structures in existence at the time of adoption of this plan that are destroyed or damaged may be rebuilt within the existing foundation line. 7) Structures or development of uses accessory to residential use (storage shed, well house, garage, etc.) shall retain shoreline open space, be visually and physically compatible with adjacent cultural and natuTal features, and be reasonable in size and purpose. Such development shall not be permitted in required shore setback spaces, or permitted over water unless clearly water-dependent, such as piers and floats. 8) The design of Atructures near watercourses shall preserve stream bank and channel integrity, reduce the impact of flooding and allow for natural drainage. 9) Historic landslide areas or areas prone to landslides, slumping, or other forms of mass wasting shall be subject to a geotechnical investigation to determine if development is allowable and, if so, what design measures shall be required to protect human life and property. The geotechnical study shall be submitted to permitting agencies and approved prior to development. 10) All new mineral extraction operations shall employ buffers, erosion and sedimentation control measures and/or other suitable precautionary measures as necessary to protect adjoining lands and waters from adverse impacts resulting from the operations. -4- 11) Surface modification that would induce excessive erosion or undermine the support of nearby land shall be prohibited. 12) Reclamation plans shall be submitted to permitting agencies and approved prior to mineral and gravel extraction activities. Reclamation plans shall be designed to insure that projects are conducted and reclaimed in accordance with all applicable AMSA plan policies. 13) Eyak Lake waters shall be kept free of hazardous or obstructive development which could create a hazard to users of the waters. F gggreation and Sceni aluea 1) Points of recreational and visual access to the shoreline and stream deltas shall be provided and protected, consistent with public safety and private property rights. 2) off-road vehicles such as snowmachines, airboats, and 3-wheelers are prohibited on the Power Creek Delta, the wetland adjacent to Southeast Arm, and all lake tributary streambeds, except as necessary for public health and safety and maintenance and patrol of private lands by authorized persons. 3) off-road vehicles shall be limited to designated routes and/or areas to insure protection of users and resource values, to minimize conflicts. 4) Utilities shall be installed underground wherever feasible and prudent. 5) Public beach designations, swimming areas, camping sites, toilets, and picnic facilities shall be established, and existing facilities improved where public need warrants, and public funding is available. 6) The following areas and trails shall be retained, classified, and/or managed as recreation resources in accordance with applicable statutory requirements and private property rights. (See figure 12 of the AMSA Plan). The current managing agency is shown for each area. a. boat ramp (City) - east end of runway b. north shore beach (Alaska Department of Natural Resources (DNR)) - boat launch and picnic.area c. Nirvana Park (City) - picnic and group use d. The Spit (City) - swimming, picknicking, viewing, floatplane moorage e. Skater's Cabin (City) - picnic, skating, swimming, trailhead and group use f. Hatchery Creek culvert crossing (Eyak Corporation & Alaska Department of Transportation/Public Facilities (DOTPF)) spawning fish and bear viewing g. Power Creek Road turnouts (DOTPF) - wildlife and scenic viewing, informal picknicking h. Power Creek trail (United States Forest Service (USFS)) hiking and access i. Crater Lake trail (DNR) - hiking and access J. CRH turnouts (DOTPF) - scenic viewing k. Mavis Island and causeway (DNR) - public recreation 1. Eyak River bridg 'turnout (DOTPF) - swan viewing, trailhead for Ey:k River Trail, scenic point. 8. Section 18-SO-OQS RPc=mPnd& Culdplings shall be enacted and shall provide as follows: A Wildlife Habitat 1) Birdlife shall be protected from disturbance, especially from discharge of firearms and motorized vehicles and equipment during freezeup conditions in the vicinity of open water near the ADF&G weir. -5- B Recreation and Scenic Values 1) The State DOTPF should maintain the identified highway pullouts for scenic and viewing purposes. 2) All agencies shall strive to maintain the potential for high quality public recreation in the AMSA by their actions. 3) Recreation and access developments shall preserve or enhance scenic views and vistas, as well as improve the aesthetic value of the area. 4) The State should provide/increase the buffer areas around existing highway turnouts by developing complementary uses such as picnic sites adjacent to the turnouts and/or restricting uses of adjacent State land so conflicting uses don't arise. 5) Timber harvest activities should be managed so as to protect the AMSA from adverse visual impacts. A mitigation plan, describing how visual impacts will be minimized, should be developed and implemented by the land managing agency or land owner f6eany harvesting activity regulated by the State Forest Resources and Practices Act. This ordinance shall be enacted and published in accordance with Section 2.13 of the Charter of the City of Cordova. This ordinance shall be published in the Cordova Times, a newspaper of general circulation, within ten (10) days of its passage. First Reading: 10141o Second Reading:)() /Z 0/ ? 4, PASSED AND APPROVED this @Ouk day of 1986. Mayor /Erling T.U Johosen City Clerk V. Lynda Plant APPROVED AS TO FORM: CITY ATTORNEY BY: SCOTT H. FINLEYU JENSEN, HARRIS ROTH -6- CITY OF CORDOVA, ALASKA ORDINANCE 614 AN ORDINANCE OF THE CITY OF CORDOVA, ALASKA, INCORPORATING THE CORDOVA COAST4 14ANAGEMENT PLAN AND AMENDING THE BOUNDARIES OF THE CORDOVA-COASTAL DISTRICT WHEREAS, the Alaska Coastal Policy Council deemed it necessary to prepare a management plan for Eyak Lake; and WHEREAS, significant amendments to the Cordova Coastal Manage- ment Program were necessary to bring it into compliance with federal regulations; and WHEREAS, the City of Cordova has conceptually approved the amendments; and WHEREAS, the boundaries of the Cordova Coastal Zone have been expanded to include that portion of the Eyak Lake Area Meriting Special Attention which lies within the present city limits; and WHEREAS, the use classifications of portions of the Cordova Coastal Zone have been changed; NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Cordova, that Title 18, Zoning, be amended as follows: Section 18.12.170(d) shall be enacted and shall provide as TO-11ows. D. Cordova Coastal Management Program. A certified copy of the reprinted Cordova Coastal Management Program, with the significant amendments as approved by the Alaska Coastal Policy Council on May 22, 1986, shall be kept on file in the office of the City Clerk, and which, with all explanatory matters thereon, is made a part of this title. BE IT FURTHER ORDAINED, that the boundaries of the Coastal Zone and Management Districts shown on the zoning map of the City of Cordova, a certified copy of which is on file in the office of the city clerk pursuant to CMC 18.12.070(c), be amended to comply with the Cordova Coastal Management Plan with the significant amendments as approved by the Alaska Coastal Policy Council on May 22, 1986. This ordinance shall be enacted and published in accordance wtih Section 2.13 of the Charter of the City of Cordova. This ordinance shall be published in the Cordova Timesf a newspaper of general circulation, within ten (10) days of its passage. First Reading: 10/4/1(2 Second Reading:tC/'2018(o PASSED AND APPROVED this .2aL day of Pcl6be@ 1986. - /m 0- t-4'n c' /'@- , ,- Mayor Er ing T. Johatbseq/ City-'ClerkUD. Lynda Plant APPROVED AS TO FORM: CITY ATTORNEY BY: @@ 4d@@ SCOTT H. FINLEV JENSEN, HARRIS & ROTH EXAMPLE 15 LAND USE REGULATIONS Kodiak Island Borough Form for Staff Review The key part of a staff review is to be able to give clear, quick communication of results to the decision-makers needing the information. This memorandum format gives straight-forward answers about a proposed project to the planning commission, so that the commission members can quickly learn the basic information about a project and how it stacks up against the CMP. District Implementation Manual DATE Sept. 1988 PAGE 83 I 0 0 0 District Implementation Manual . DATE Sept. 1988 PACE 84 ITEM VI- M E M 0 R A N D U M DATE: TO: Planning and Zoning Commission FROM: Community Development Department SUBJ: Information for the June 18, 1986 Regular Meeting RE: Site visit date: 1. Existing zoning: 2. Minimum lot size: Compliance: Yes/No 3. Minimum lot width: Compliance: Yes/No 4. Maximum lot depth-to-wi-dth ratio: Compliance: Yes/No Not Applicable 5. Existing land uses: Compliance: Yes/No Not Applicable 6. Existing structure(s) on the property: Compliance with setbacks: Yes/No Compliance with other zoning regulations: Yes/No Encroachments: Yes/No 7. Topography: Provides good building sites: Yes/No Provides good parking areas: Yes/No Allows driveway construction to meet maximum slope requirement: Yes/No Justifies a flag lot: Yes/No 8. Physical Features: CASE S-86-1JUNE 18, 1986 P&Z ITEM VI- Wetlands, streams, drainage courses: Yes/No Need for-driveway/access restrictions: Yes/No Adequate line of sight: Yes/No 9. Existing Plat Restrictions: Yes/No Compliance: Yes/No 10. Coastal Management applicable policies: COMMENTS: RECOMMENDATION: cc: Case File CASE S-86-2JUNE 18, 1986 P&Z EXAMPLE 16 LAND USE REGULATIONS Kodiak Island Borough Brochure An important aspect of land use regulations is how the public can get involved in the review of proposed projects. This brochure tells: � who is notified; � when a public hearing is held; � public appeal procedures; and � where to go for more information. District Implementation Manual DATE Sept. 1988 PAGE 85 I 0 0 0 District Implementation Manual - .I DATE Sept. 1988 PAGE 86 ---- PUBLIC Who is entitled to appeal? NOTIFICATION The following people and groups can appeal AND APPEAL a Planning and Zoning Commission decision: PROCEDURES the applicant any person who has received a written notice, submitted timely written comments, or gave oral testimony at the public hearing any review agency Section 17.40 of the Kodiak Island Borough Zoning Ordinance addresses regulations govern- ing who may speak and other guidelines or restrictions on testimony. 3. For More Information For more information on rezoning criteria and approval, refer to section 17.40 of the Kodiak Island Borough Zoning Ordinance. Additional assistance can be provided by: Community Development Department Kodiak Island Borough 710 Mill Bay Road, Room 204 P.O. Box 1246 Kodiak, Alaska 9961S (907)486-5736 Kodiak Island Borough PUBLIC NOTIFICATION & APPEAL PROCEDURES 1. Public least five favorable votes of the Commission 2. Appeal Notification to approve the application. Procedure Conditional uses, rezonings, planned unit Procedure Any administrative decision regarding the development, and variances all require a public 0 A written notice of appeal must be filed with Kodiak Island Borough Subdivision and Zoning hearing. The following public notice procedures the Clerk of the appropriate jurisdiction Ordinances can be appealed. An appeal of an apply to public hearings before the Planning specifically stating the reason for appeal and action will be considered upon petition of any and Zoning Commission: the relief sought. Payment of an appeal fee person entitled to appeal the decision. Depend- is required. ing on the type of action, the decision-making 13 The Director of the Community Develop- body could be the Planning and Zoning ment Department will place accepted appli- El An appeal must be filed within 10 working Commission, a city council, or the Borough cations for the above actions on the com- days of the final action of the decision- Assembly The hierarchy for appeals is as follows: mission agenda. The agenda is published making body in the Kodiak Daily Mirror and the Kodiak El Administrative (staff) decisions are appealed Times at least 7 days before the hearing and El The Clerk of the appropriatejunsdiction shall to the Planning and Zoning Commission. prior to the Planning and Zoning Commis- schedule the appeal hearing, mail notice of sion packet review meeting. appeal, and notify the decision-making body 0 Planning and Zoning Commission decisions of the appeal. are appealed to either the Borough Assembly � Copies of a notice describing the proposed or the appropriate city council, depending action and protest rights are mailed to all real El Any person affected by the decision being on the type of action and jurisdiction. property owners within a minimum of a 300 appealed may submit written testimon foot radius of the site or five adjacent y 0 A decision made by the Borough Assembly supporting or opposing the appeal to the property owners, whichever is greater. Clerk of the appropriatej .urisdiction. At the or a city council can be appealed. to Superior Additional distribution of notice may be appeal hearing, only the people who sub- Court. required by the Director, based on the mitted a written argument may present oral potential impacts of the proposed develop- testimony. 0 In the case of a government body appealing ment. The notice will be mailed no later than its own decision, a hearing officer will be 10 working days after the close of the appointed to hear the appeal. Commission agenda for the next meeting. El The appellate body shall either affirm or reverse the decision in whole or part by � if written objections from 50% or greater of resolution. The must prepare written findings the real property owners are logged in on their decision, which will be mailed to writing with the Director at least one work- the parties to the appeal within 10 working ing day prior to the Commission meeting days. considering the application, it shall take at EXAMPLE 17 LAND USE REGULATIONS City of Hydaburg Ordinance Adopting CMP Policies This ordinance was adopted by the City of Hydaburg. It implements the CMP by requiring that development be consistent with enforceable policies. In the case of Hydaburg, the CMP enforceable policies are the primary land use regulations of the city. In a district where there currently are no zoning, subdivision, or other regulations, this ordinance may prove helpful. District Implementation Manual DATE Sept. 1988 PAGF- 87 I 0 0 IDistrict Implementation Manual 0 IDATE Sept. 1988 PAGE 88 CITY OF HYDABURG, ALASKA ORDINANCE # 84-3 AN ORDINANCE OF THE CITY COUNCIL OF HYDABURG ESTABLISHING MUNICIPAL PROJECT REVIEW AUTHORITY. SECTION 1: CLASSIFICATION This ordinance is of a general and permanent nature and shall become a part of the City Code upon adoption. SECTION 2: INTRODUCTION State regulation (ACC 85.100) requires that District Coastal Management Programs contain a description of the methods and authority which will be used to implement the district program. The Hydaburg program lists comprehensive plans and local ordinances as key implementation measures. The program also contains an internal implementation device in the form of a consistency determination checklist, which allows the city to systematically apply the district program policies during consistency reviews of Local, State, and Federal activities. SECTION 3: TITLE AND PURPOSE This ordinance shall be known as the HydabUrg Project Review Ordinance. It is the purpose of this ordinance to implement the district policies of the HydabUrg Coastal ManagE@ment Program by requiring that certain development activities within the corporate boundaries of HydabUrg be consistent with the Program. SECTION 4: SUNSET PROVISION This ordinance shall remain in effect from the date of its adoption by the Hydaburg City Council until such time as both a Municipal zoning ordinance and a subdivision ordinance have been approved and adopted by the City Council. SECTION 5: SEVERABILITY If any provision of this ordinance, or any application of it to any person or circumstance is held invalid, the remainder of this ordinance shall remain unaffected. SECTION 6: PROVISIONS 1. Applicants must obtain the approval of the City of Hydaburg before undertaking a development activity regulated by the terms of this ordinance. If an applicant is not certain if a proposed activity is or is not regulated by the terms of this ordinance, the applicant shall obtain a determination from the Mayor or his designee. An applicant may not commence a project regulated by this ordinance until project approval has been granted by the Planning and Zoning Commission, or, in the case of an appeal, the Board of Adjustment. 2. The classes of activity which shall be Subject to review under this ordinance shall include: A. New Residential Construction. B. New Commercial Construction. C. New Industrial Construction. D. Public Facilities Construction. E. Construction of New Roads. F. Any additions or improvements to existing structures, which additions or improvements have a materials cost equal to or exceeding $5,000. G. Any development activity within.the HydabUrg River Watershed. H. Gravel extraction and dredge and fill activities between the mean high tide line and mean low tide line. I. Subdivision of land into five or more lots when each lot is less than 1/2 acre in size. 3. Planning and Zoning Commission decisions shall be made on the basis of enforceable policies expressed in the HydabUrg Coastal Management Program, and on the designations give in the Future Land-Use Map. 4. The Planning and Zoning Commission shall authorize those actions which, in it s deliberations, are in conformance with coastal program policies and the Future Land-Use Map. Unsuccessful applicants may amend their proposal or appeal. 5. The Clert, of the Planning and Zoning Commission shall submit a quarterly report of Commission activities to the City Council, +or City Council review. The COUnci I may not amend or reverse an Commission decisions except as stated in this ordinance. SECTION 71 APPEALS 1. An applicant whose application is denied approval by the Planning and Zoning Commission may appeal the denial to the City Council, which will sit as a Board of Adjustment in such cases. An appeal must be filed by the applicant within twenty (20) days of the date of denial by the Planning and Zoning Commission. The Board of Adjustment will have 14 days from the date of receipt of an appeal to uphold-the Planning and Zoning Commission decision, or to amend and override the Planning and Zoning Commission decision. 2. A decision by the Board of Adjustment to uphold a denial by the Planning and Zoning Commission shall be final and conclusive thirty (30) days from the date that the decision is delivered or mailed to the applicant, unless the applicant appeals to the Superior Court of the State of Alaska, as provided in the Rules Of Appellate Procedure, State of Alaska. 3. The initial cost of transcription Lind certification of all records ordered certified by a court for review shall be borne by the party filing the suit provided, however, that such cost shall Ultimately be awarded to the prevailing party. 4. Activities of the Board of Adjstment not described in this section shall be as set forth in City of Hydaburg Ordinance #82-6. SECTION 8: PENALTIES FOR VIOLATION 1. Violation of any of the provisions of this ordinance, or any amendments thereto, shall constitute a misdemeanor and shall be punishable by a fine of $50. Every day which passes from the initial infraction in which no action has been taken to correct the violation shall be conisdered a separate offense. 2. Nothing in this Ordinance shall prevent the City of Hydaburg from taking such other lawful action as necessary to prevent or remedy any violation. SECTION 9: REPEAL OF CONFLICTING ORDINANCES Notwithstanding of any Ordinances to the contrary, the terms and conditions of this. ordinance shall have full force and effect. SECTION 10: DEFINITIONS APPLICANT. Any firm, association, organization, partnership, trust, company, corporation or individual who is required to complete a Project Application form under the terms of this ordinance. COMMERCIAL. An establishment which exists a primarily for retail and wholesale sales of products not manufactured on the premises-- A residential structure containing five (5) or more dwellinq units. COTTAGE INDUSTRY. Manufacture of goods such as dolls, baskets, jewelry, etc., in a structure which is used as the primary residence of the manufacturer. INDUSTRIAL. An establishment which exists primarily for manufacturing, processing, refining, storing or assembling products for sale or for lease, or for use by the owner; except, cottage industries shall not be defined as industrial. PUBLIC FACILITY. Any structure or improvement which is built with public funds, or which is built with private funds but for a recognized public purpose, such as a church, meeting hall, playing field, etc. RESIDENCE A structure containing four (4) or less dwelling units. SECTION 11: EFFECTIVE DATE This ordinance shall become effective upon the date of its approval by the Hydaburg City Council. EXAMPLE 18 SPECIAL ZONING DISTRICT City of Valdez Zoning Ordinance This zoning ordinance establishes a conservation district in Valdez's coastal areas. It was adopted as an amendment to the Valdez Zoning Code and implements one of the policies of the Valdez Coastal Management Program. Its purpose is to enhance and protect existing fish and wildlife habitat. To achieve this purpose, the lands which are zoned "conservation" are subject to general development guidelines. � Permitted principal uses: These are the primary uses of a lot which are permitted without governmental review. � Permitted accessory uses and structures: These are allowable uses which are secondary to another use occurring on the lot. They are not subject to governmental review. � Conditional uses: These must be approved by the Planning and Zoning Commission because they could have detrimental impacts on fish and wildlife habitat. The Commission has the authority to place "conditions" or restrictions on the uses affecting their location, hours of operation, design, and other characteristics. � Prohibited uses: These are not allowed because their very existence in this zone would harm fish and wildlife. � Minimum lot requirements: These are length, width, and other specifications that affect the design of a lot. � Minimum setback requirements: The distance a use on a lot must be from the front, side, and rear lot lines. � Other special conditions: Other uses, such as signs, may be allowed in zoning districts. Often the allowed size of a sign varies with the type of district. Much of the lands classified as "conservation" in Valdez District Implementation Manual DATE Sept. 1988 PAGE 89 includes streams. Because of this situation, the conservation district regulations also include a special setback requirement for anadro- mous streams (streams with salmon). This example can help you tailor your own ordinance to meet the policies of your district's coastal program. Or, you can contact the Alaska Department of Community and Regional Affairs (DCRA) for help in wTiting an ordi- nance. District Implementation Manual DATE Sept. 1988 pAGE 90 (2) lot Arm: None. (g) Mininin setback regaireumts- Front yard, side yard and rear yard subject to Building Code regarding fire walls and separation of buildings. (h) maxim= lot coverage by all buildings and structures: Unrestricted. W M&xLmLxn height of buildings and structures. Principal buildings and structures shall not exceed thirty-five feet in height, except as otherwise provided in this chapter. (j) Required off-street parking and loading. Adequate off-street parking and loading spaces shall be provided in conjunction with any pe=atted use in accordance with the requireamts set forth in sections 30- 39 and 30-40. (k) Signs. Signs may be allowed in conjunction with any permitted use subject to the provisions of section 30-38. Sec. 30-28. UL, uncla"ified lands district. The unclassified lands district is intended to include lands which are undeveloped and cannot be precisely zoned due to inadequate information on the extension of public services and utilities, and the suitability of the land to support commercial, residential, industrial or public uses. Prior to the development of unclassified lands, the lands must be rezoned following proradures, outlined in article VI of this chapter. Sec. 30-29. CO, consexvaticn district (a) Intent. The Conservation District is intended to include only those publIc-EiRs which have been identified as critical habitat for fish and wildlife by State or Federal agencies. The primary use of these lands wi 11 be for the XWOnt and protection of existing fish and wildlife habitats. other acceptable uses in this district would include parks whose recreation activities and facilities would be passive in nature. Passive is defined as those activities which include wildlife viewing, nature walks, educational and interpretive uses and other uses that do not change the character of the land or disrupt fish and wildlife. Passive activities would be secondary to habitat protection and enhancement. (b) Rermitted principal uses: Because the principal use of this land 59 is for wildlife protection and enhanOwwt them lands should be maintained in an undist=bed and natural state. (c) Permitted accessory uses and structures: Weirs and other structures necessary for the study of or enhancement of habitats. (d) Cm%Utional use : (1) Vehicle pullouts, parking lots and access roads; (2) Pedestrian trails including boardwalks and viewing platforms; (3) Interpretive displays including signage. (e) Prohibited uses and structures: (1) Any use or structure that would disrupt or have adverse affects on fish and wildlife; (2) Any use or structure not of a character indicated under pervitted principal uses or permitted as an accessory or ca%Uticnal use. (f) Minimum lot requirements: (1) Lot width: Unrestricted. (2) Lot area : Unstricted (g) Minimum setback requirements: All lands adjacent to Conservation Districts will be required to raintain a minimum 25 ft. setback. (h) Signs: Signs way be allowed in conjuction with any conditional use and will be approved on a case by case basis. M Anadromous stream setbacks: A minimum of 25 ft. setback for all designated anadrmous streams, Additional setback distances can be applied on a case by ca basis. Division 3. Stwlementary Requlations. Sec. 30-30. Awlicaticn. In addition to regulations indicated for individual districts in division 2 of this article, the regulations in this chapter apply in individual districts, groups of districts or all districts as indicated. 60 EXAMPLE 19 LOCAL LAND USE REGULATIONS Kodiak Island Borough Zoning Compliance Permit The Kodiak Island Borough has included a coastal consistency review among the criteria for Zoning Compliance Pem-fits. This means that all proposed construction projects must meet coastal managementcriteria as well as other zoning criteria in order to earn a Zoning Compliance Permit. The Kodiak system requires the permit reviewer to make his or her own determination of the consistency of the proposed project with the Borough's Coastal Management Program. It does so by asking the reviewer to: � list the applicable policies; � indicate whether the proposed action (project) is consistent with the CMP; � indicate which policies the action is in conflict with and how; and � propose conditions that should be met by the applicant to rr@itigate any conflicts with the policies. You can also use the above format for reviewing a project as part of the state consistency review process. This format could serve as your outline for written comments. District Implementation Manual DATE Sept. 1988 PAGE 91 I 0 IDistrict Implementation Manual1 0 DATE Sept. 1988 PAGE 92 Community Dwvegopn%tnl Otipartmiani 710 URI Bay I%*dW. Room 204 Kodiak Alatt" MIS 111107)4W51`36 ant. ns ZONING COMPLIANCE PERMIT 1. PROPERTY OWNER/APKICANY zor*q conqpmw" a'. Name lAddreas Telephone S. LEGAL DESCRIPTION OF PROPERTY Street Addleal Lot. Isfack, subdivision Survey. Other I* q lownshiptiongel Tom code a & DESCRIPTION OF EXISTING PROPERTY Zoning Square footage of lot Minimum lot width Average lot depth Average lat ..of Lot depth to width ratio Use And size of Amazing uddinglionthelol 4. DESCRIPTION OF PROPOSED ACTION (attach *it@ plonj S. ZONING REOUIREMENTS FOR NEW CONSTRUCTION Type of stfucture(111 Minimum Setback&-Froni Res, Sides Additional Setbacks Maximum piormichonisl into reoutred yards Maximum building height Maximum lot coverage Number and size of Parking "cam reauirea Off-street loading rectuirement Plat reistoo requiroment(s) Other leg zem "fine I 6. CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM Applicable pol-cmes Proposed action consistent with Borough Coasiai Management Program - Yes No Proposed action conflicts with owicies triple Pollcv and describe contheill Conditions aftoc aid to Consistency approval to movate conhicts noted above 7. APPLICANT CERTIFICATION I hoorby car" OW I will coi misty with ON isMintilonar al "W Radiek #$land Borough Code end that I he" the authority 10 Conity @. or firprieve"Istme of the own0r, of the proper"y(s) invoi.xid. Signed Title Dole-- 6. SUPPORT DOCUMENTS ATTACHED I site Plan Other 9. BOROUGH STAFF APPROVAL Staff Approvoi Signed Title Date-- Building permit EXAMPLE 20 OVERLAY DISTRICT City of Barrow Historic District The City of Barrow uses an overlay zone to protect the historic character of their waterfront. The zone is intended to enhance and preserve Barrow's waterfront area and views as part of the Inupiat cultural tradition of living on or near the water. The overlay zone applies development restrictions in addition to the zoning requirements of the underlying district. In this case, the underlying zone allows for governmental commercial uses. The additional restrictions placed by the Overlay Zone require the project to be reviewed by the Commission on History and Culture, as well as meet additional design standards. Your district can use overlay zones to ensure that historic and other values are preserved. There are endless possibilities for using overlay zones. For example: � airport overlay zone: establishes additional height, lighting, sign, and use restrictions. � hillside overlay zone: requires height, road construction, and other design features for development on slopes of a certain steepness or greater. � wetlands overlay zone: precludes or restricts development to ensure protection of the habitat and groundwater. District Implementation Manual DATE Sept. 1988 PAGE 93 I I 0 0 IDistrict Implementation Manual 0 @ DATE Sept. 1988 PAGE 94 j j 19.40.190--19.40.210 uses are allowed, supplemented by limited neighborhood com- mercial uses. This is an area in which the predominant use is residential, ranging from single-family to multi-unit apartment buildings. B. Permitted and conditional development is found in the table of allowed development in Section 19.40.240. Be sure to reference notes on uses following the table. (Ord. 75-6-14 S3(19.40.040(C)), 1984). 19.40.190 Nunaaggim Qitqa N district. (Downtown) A. Purpose. The Nunaaqqim Qitqa N aistrict is intended to provide areas for commercial and governmental uses. This is an area of high density development primarily devoted to buildings and spaces in which the people of Barrow meet together, work and make a living. The area is characterized by large buildings which contain offices and stores devoted to providing work space for the main parts of the Barrow cash economy, be it government or private enterprise. Develop- ment shall be designed to encourage pedestrian movement throughout the area and to avoid traffic congestion. The district is intended to allow a mixture of residential and commercial uses. Development should enhance the role of the downtown area as a place for meeting and cultural exchance. B. Permitted and conditional development is found in the table of allowed development in Section 11.41.211, Be sure to reference notes on uses following the table. (Ord. 75-6-14 93(19.40.040(D)), 1984). 19.40.200 Savagvikpaich Inaat Tutqugsiviklu I district. (Industrial and Storage) A. Purpose. The Savagvikpaich Inaat Tutqugsiviklu I district is intended to provide and preserve areas which are used for storage and warehousing of materials and goods in bulk. This is an area of development which is generally not compatible with residential and commercial uses because of conflicts, including heavy truck and equipment traffic which should be separated from pedestrians and residential and business traffic. The area is characterized by loading docks, terminals, storage sheds and accessory offices connected with the primary use. This area is also intended to provide for uses which are predominately related to and dependent upon or connected to aviation, shipping and other transit. B. Permitted and conditional development is found in the table of allowed development in Section 19.40.240. Be sure to refe@rence notes on uses following the table. (Ord. 75-6-14 �3(19.40.040(E)), 1984). 19.40.210 Taamanaqana Tulaugikviat overlay distric- (Waterfront Historic) A. Purpose. The Taamanaqana Tulaugikviat overlay district is intended to enhance and oreserve Barrow's 186-6--f (North Slc:@e Ecr-ouch 6/8-5 19. 40 .'210 waterfront area and views as part of the Inupiat cultural tradition of living near or on the water. This area contains many historic and cultural sites which are important to the Inupiat people. Development in this area must provide pro- tection for areas, sites or structures of cultural, historic, archeologic, architectural or religious significance. B. District Requirements. The requirements of this overlay district will be applied in addition to the require- ments of the underlying use district. 1. Permitted Development and Standards. All uses permitted by right in the underlying district subject to the standards in subsection (B)(3)(f) of this section. 2. Conditional Development and Standards. All conditional development in the underlying district subject to the standards in subsection (B)(3)(f) of this section. 3. Application. a. In addition to the procedures provided in Section 19.40.290 for a conditional use permit, a copy of any application for a conditional use permit in the Taamanacana Tulaugikviat (Waterfront Historic) overlay district shall te forwarded to the commission on history and culture by the zoning administrator within three working days of its accep- tance. b. No application for conditional use permit in the overlay district shall be approved within fift@en workina days of its acceptance without a written letter of.response from the commission on history and culture having been received by the zoning administrator. c. The letter of response may include both comments and recommendations of approval or disapproval. Such comments and recommendations shall become part of the application, case file, and all public notices related to the application. d. Applications for variances and rezonings in the overlay district shall also be referred to the commission on history and culture in the same manner as that provided for conditional use permits. e. The commission on history and culture may establish a subcommittee of its three Barrow members and alternates to review applications and approve a letter of response when delay to the next regular meeting would exceed the fifteen working days time limit and/or create an unnecessary inconvenience for the applicant. The commission may also delegate this responsibility to its liaison officer, who shall consult with Barrow members of the commission before making a decision. f. Permitted or conditional development shall '--e guided by the following general standards in addition to t'ne underlying district standards. The burden of proof shall '--e on the developer to show that the following standards have been met: 186-6g (North Slone _73orouc- 6/335) 19.40.220 i. Every reasonable effort shall be made to provide a compatible use or reuse of the property which requires minimal alteration of structures or the site; ii. Development shall be compatible with historic sites listed on the National Register of Historic Places, sites eligible for such inclusion, or with tradition activities at cultural or historic sites identified in borou or village inventories; iii. Visual appearance of the proposed develo ment shall be compatible with the character of the water- front, as determined by the zoning administrator or the commission on history and culture. "Visual appearance" shal include, but not be limited to, architectural design, height scale, color, texture and material of buildings and structur as well as signs, power or telephone lines, grading, roads, parking, storage, fencing and lights; iv. Development shall be of a height, scale or color which does not significantly interfere with tradi- tional views of the waterfront, shore, ice and water from adjacent roads, properties, ridges, whaling sites and other areas on or adjacent to the waterfront; V. Public access to the waterfront should be preserved, including access for people, boats, snow machines and vehicles. The commission on history and cultur may recommend, and the zoning administrator and platting authority may require, the dedication of suitable public access easements or rights-of-way in larger waterfront devel, ments or in those where there is a finding that public acces may be significantly diminished or altered; vi. The availability of feasible alternative locations outside the district. (Ord. 75-6-14 �3(19.40.040 (F)), 1984). 19.40.220 Inim Nauviksrana MR district. (Municipal and Subsistence Reserve) A. Purpose. The municipal and subsistence reserve district is intended to provide protection for local sub- sistence, recreation and environmental resources and to act as a holding area for lands which require urban infrastructu such as roads, sewer, water and power before they can be developed. Rezoning from another district is not appropriat unless adequate services and infrastructure are available or imminent such as those included, funded and scheduled for construction in the borough capital improvements program, or those which are privately funded. Subdivision approval is required to obtain adequate lots and public access. Limited temporary or seasonal subsistence-related development is allowed, along with limited public, educational and related uses. Protection of the environmental resources such as watersheds for the use of all the residents of Barrow is a prime concern. Development which is not directly related to 186-6h (North Slope Borough. 6,,'S EXAMPLES 21 AND 22 OVERLAY DISTRICTS City of Craig Special Considerations Overlay District and Limited Marine Industrial Overlay District The development of the Craig Land Development Code was funded, in part, through the Alaska Coastal Management Program. Two of its regulations are a Special Considerations Overlay District and a Limited Marine Industrial Overlay District. They govern development in these sensitive areas: slopes greater than 25 percent; � landslide hazard area; � identified habitat areas; 0 designated historic areas; � hillside above Craig; � shoreline (setbacks); � strearnside (setbacks); � protected area of Crab Bay; and � marine industrial area adjacent to residential uses. They show the different types of environmental features and land uses which an overlay district can protect. The wording used in these ordinances may be helpful as a model for a similar zoning designation in your own district. District Implementation Manual "DATE Sept. 1988 PAGE 95 I 0 0 1 1 0 District Implementation Manual_ DATE Sept. 1988 PAGE 96 I 18.05.020 SPECIAL CONSIDERATIONS OVERLAY Proposed uses within this overlay are subject to the following: A. SLOPES GREATER THAN 25% When this overlay is applied to areas with slopes greater than 25%, the design and construction plans for all proposed development shall be certified by a professional engineer licensed by the State of Alaska. The City building official may require that site specific soil tests or other relevant evaluations be made to insure the stabiity and safety of the development. SEE COMPREHENSIVE PLAN ZONING MAP FOR AREAS SUBJECT TO THIS OVERLAY. (For further reference see "Natural Hazards" section and Natural Hazards Map in the Craig Comprehensive Plan.) B. WITHIN THE LANDSLIDE HAZARD AREA Proposed devLopment and uses are subject to review under Section 18.06.002 C&I, Conditional Use Permits, Required Criteria for Approval - C. and Additional Criteria for Approval for Proposals in the Special Considerations Overlay - 1. #1 Within a Landslide Hazard Area. SEE COMPREHENSIVE PLAN ZONING MAP FOR AREAS SUBJECT TO THIS OVERLAY. (For further reference see "Natural Hazards - Mass Movement" section and Natural Hazards Map in the Craig Comprehensive Plan.) C. WITHIN IDENTIFIED HABITAT AREAS Proposed development and uses are subject to review under Section 18.06.002 C&I, Conditional Use Permits, Required Criteria For Approval- C. and Additional Criteria for Proposals in the Special Considerations Overlay - 1. #2 Within Identified Habitat or Resource Areas. SEE COMPREHENSIVE PLAN ZONING MAP FOR AREAS SUBJECT TO THIS OVERLAY. (For further reference see "Natural Features and Natural Resources" section and Habitats, Natural Resources, and Historic Sites Map in the Craig Comprehensive Plan.) D. WITHIN DESIGNATED HISTORIC AREAS Proposed uses other than original traditional uses are subject to review under Section 18.06.002 C&I, 63 Cond itional Use Permits, Required Criteria for Approval - C. and Additional Criteria for Proposals in the Special Considerations Overlay - I # 3 Within Identified Historic Areas. SEE CRAIG COMPREHENSIVE PLAN ZONING MAP FOR AREAS SUBJECT TO THIS OVERLAY. (See "History and the Planning Process" and the Habitats, Natural Resources, and Historic Sites Map in the Craig Comprehensive Plan.) E. ON THE HILLSIDE ABOVE CRAIG (Portions of Sections 4, 5, 8, and 9 T. 74 R. 81 extending from contour lines as indicated on the City topographical map up the hillside to the easterly city limits line which extends through the center of Sections 4, 9, and 16). This area includes the City Watershed which is described as: An area of approximately 160 acres lying in the north half of Sections 8 and 9 T. 74 S. R. 81 E. within the city limits of Craig, Alaska more particularly described as an area located on the west face of Sunnahae Mountain from the City impoundment dam at an elevation of approximately 60 feet to an elevation of approximately 2200 feet between the adjacent streams on each side of the impoundment dam including all surface and subsurface drainage which enters the area. All uses are conditional uses which may be approved if the findings of CHAPTER 18.06.002, Conditional Use permits, Sections C (Required Criteria for Approval), H, (Additional Criteria for Conditional Uses in the Reconveyance Reserve Zones), and I (Additional Criteria for Approval of Proposals in the Special Considerations Overlay) #4 On the Hillside Above Craig The Procedures of CHAPTER 18.06.002, Conditional Use Permits shall be followed. SEE CRAIG COMPREHENSIVE PLAN ZONING MAP FOR AREAS SUBJECT TO THIS OVERLAY. F. SHORELINE SETBACKS The shoreline setback around Crab Bay extending from the natural stand of timber above the high tide line landward for 100 feet is established. Access through this buffer may be allowed if the findings of Section 18.06.002 Conditional Use Permits - I. Additional Criteria for Conditional Use Permits in the Special Considerations 64 SECTION 18.05.030 LIMITED MARINE INDUSTRIAL OVERLAY The purpose of this overlay is to insure that marine industrial uses will be as compatible as possible with residential uses in the vicinity. A. PERMITTED USES Uses permitted in the marine Industrial Zone shall be allowed; however, before a marine industrial use is established, a public hearing shall be held to determine which conditions of approval, if any, will be placed on the proposed use. B. CONDITIONAL USES Same as the Marine Industrial Zone C. TEMPORARY USES See Section 18.06.005 Temporary Use Permit D. ATTACHMENT OF CONDITIONS 1. Setbacks in excess of those required by the Code 2. Vegetative buffers or other screens 3. Street, road, or alley dedication to improve access 4. Regulation of access location 5. Requirements for landscaping and/or maintenance 6. Regulation of time for certain activities 7. Regulation of building location and design 8. Regulation of the type of traffic generated 9. Other stipulations which make the use more compatible with the neighborhood without making the marine industrial use infeasible. E. PROHIBITED USES - Same as Marine Industrial Zone F. PROPERTY DEVELOPMENT STANDARDS - Same as Marine Industrial Zone G. VISIBILITY AT INTERSECTIONS - Same as Marine Industrial Zone H. FENCES, HEDGES, AND WALLS - Same as Marine Industrial Zone 66 EXAMPLE 23 OVERLAY DISTRICTS City of Cordova Coastal Zone Overlay This ordinance, adopted by the City of Cordova, implements a coastal zone overlay district. Development in all areas within the coastal zone overlay is required to conform to the district's CMP. The ordinance is an amendment to the city's zoning regulations and administrative procedures. Some special aspects of how Cordova uses the coastal zone overlay are: � The coastal zone district is divided into several management districts: Preservation, Conservation, Development I, and Development Il. � A list of uses indicates what activities are permitted in each zone. � Unlisted uses must meet a test for compliance with four coastal management policies. � The Planning Director reviews permitted uses. The Planning Com- mission reviews uses that require stipulations. Their review criteria are specifically delineated. � The policies form the guidelines for submitting plans of proposed uses and activities. District Implementation Manual DATE Sept. 1988 PAGE 97 I 0 0 IDistrict Implementation Manual _ 0 DATE Sept. 1988 PAGE 98 J oporikmm 5 30 AN OFOINANCE OF THE CITY OF CORDOVA, ALASKA ADOPTING THE CORDOVA COASTAL MANAGEMENT PROGRAM - AN AMENU-04T TO TITLE 18 ZONING AND TITLE 3 ADMINISTRATION PREAMBLE This ordinance enacting the Cordova Coastal Management Program is for the purpose of managing, restoring, and enhancing the overall quality of the coastal envirorrent and providing for the development of industrial and amrr-rcial enterprises, and recreational opportunities which are consistent with the social, cultural, historic,economic, and environmental interests of the citizens of Cordova and the people of the state. WHEREAS, the Alaska Coastal Management Act of 1977 requires Cordova to develop and adcpt a district coastal managerrent program in accordance with established guidelines and standards; and WHEREAS, the City Council deems it necessary, for the purpose of ensuring the availability of certain coastal areas for expansion of econ=tic and other essential activities of the City and protecting valuable coastal resources, to enact a Coastal Managezrent Program per-taining to certain land and water areas, and WHEREAS, the State of Alaska has adopted a Coastal Management Program for the Ccmurdty, and WHEREAS, the City has adopted this sane Coastal Managerrent Program as an elemnt of the CaTrehensive Plan; and W@@ , the Coastal Managermnt regulations contained herein are in conformance with the Coaprehensive Plan, including the Coastal Managemnt Elemnt and said regulations will aid in protecting valuable coastal resources and reserving economic opportunities: NOW THEREFORE BE IT OFWITM " Council of the City of Cordova, Alaska that Title 18 Zoning and Title 3 AdTdiiistration Be amended as follows: Chapter 18.;2 Add a new Section 18.12.070 Coastal Zone District and Managemnt Classification; A. Coastal Zone Overlay A Coastal Zone overlay to the Official Zoning Map is hereby authorized. Areas incorporated within this Coastal Zone are required to conform to the Coastal Management Program including the list of proper and improper uses and activities and related policies. B. Management Districts Districts shall be designated within the Coastal Zone. Different uses and activities shall be prescribed as proper or inproper within each managermnt district. Managerrent Districts shall be divided into the following classifications: Preservation, Conservation, Development I and Development Ii. C. Boundaries The boundaries of the Coastal Zone and the ManageTent Districts shall be shown on the Zoning Map of the City of Cordova, a certified copy of which is on file in the office of the City Clerk, and which, with all explanatory matter thereon is hereby made a part of this ordinance. 2 Chapter 3.40 Add a new subsection 3.40.090 B.3.e. e. TIo develop, adopt, alter, or revise, subject to approval by City Council, a Coastal Management Element to the Comprehensive Plan for the camwnity; said Coastal Management element shall be prepared in oonfonTance with applicable state and federal law. To acomplish these objectives, the cannission is hereby empowered to: (1). Prescribe and recamend an area to be designated the Cordova Coastal Zone into management districts of such number, shape, and area as may be deemed best suited to carry out the purposes hereof; and within each management district to prescribe proper and improper water and land-uses and activities and policies which shall apply. (2). To bear and decide upon those applications which involve uses or activities that are pexniissable only upon a showing of certain specified conditions; said conditions being a part of this ordinance. When such decisions are to be heard they shall be conducted in a manner as that prescribed in Chapter 18.60. (3). Provide for a manner in which the requirements of the Coastal Management Program may be amended including revisions to the size and areal extent of the coastal zone and extent and classification of the management districts, and the determination of proper and improper uses and policies pertaining thereto; provided such modifications shall be subject to approval by the City Council and the State of Alaska. (4). To hear and decide upon appeals pertaining to decisions by the Planning Director regarding the Coastal Management Program. Such appeals shall be conducted in the manner set forth in Chapter 18.64. C@apter 18.68 Add a new subsection 18.68.020 E. E. The Board of Adjustment shall bear and decide upon appeals pertaining to decisions by the Planning Comudssion regarding the Coastal Management Program. Such appeals shall be conducted in the manner set for in Section 18.58.030. Chapter 18.;o Add a new Chapter 18.50 PER41TIM USES AND ACTIVITIES IN THE CORDOVA COASTAL ZONE. A. REQUIRD-Z= FOR APPROVAL Lands and waters identified to be within the Coastal Zone shall be subject to the rc<piireirents and policies of this section. The table in subsection B identifies those uses and activities which are proper or i,rproper for each management classification. B. PERMI= USES AND A=MTIES TN THE CORDOVA COASIAL ZONE Use Preservation Conservation Development I Development II Business Cwrrercial Offices X X B B Retail Shops x x B x Restaurant x x C x Hotel, Motel x x C x Visitor Center x C C C Marine Services Marine Sales X X A C Open Wet Moorage x x A C Covered Wet Mooraqe . X X A C Page 3 Stacked Moorage x x A C Launching Ranps x C A C Haulout Facilities x x A C Marine Construction Repair & Dismantling x x A C Marine Service Facility x x A C Private Yacht or Boat Clubs x x C C Activities Clearing/grad:Lng x C A C Timber Harvest x C C C Dredging/disposal x C C C Aquaculture/fisheries x C A C Mining x C C C Recreation(based on inarine involvement) C A A A Norrnarine-Related Recreation x C A C Hunting x A x x Structures Landfill. x C A C Piers/Docks Piling C A C Floats x C A C Marine-Residential X x B B/C Mari,rie-related Recreational A A A liont,-marine-related Recreational C A C CbmTercial/Industripl x A C Shore Defense Works Groins x C A C Breakwaters x C A C Bulkheads Shoreline Protective Structures x A A A Offshore Facilities x C A C Business Signs on Premises x x A C Marine Education x C A C Transporation Facilities Accessory Park-ing x C A C Principal Use Parking x x x x Cargo Termina I x x A C Passenger & Auto Ferry Terminal x x A C Highways & Arterials, Local Streets x C C Bicycle & Pedestrian Ways x A A A Scenic Roads & Auto- Oriented Viewpoints x A A A Page 4 land-based Aircraft Facilities x x x x Water-based Aircraft Facilities x x B B/C Trails-Nonvehicul,ar A. A A A Utilities Overhead & underground x C A C underwater x C A c- Intakes & OUtfalls x c A C Sanitary & Storm sewers x C A C Fossil Puel Power Generation Facility x x x x KEY TO S)TMOLS OF TABLE: X = Use is not permitted. A = Use is permitted. *B = Use is permitted as an accessory use only. *C = Use is pexmitted, if the following conditions are satisified: 1) demand conditions exist to justify growth in a particular area and can be documented by the proposed developer. 2) no other reasonable alternative areas exist already zoned and with conditions to support such development (deep water, etc). 3) proven efforts are made to eliminate dangers to people and property and to minimize enviromxental damage and protect resources to the gfeatest extent possible. 4) the developer demonstrates he has sound financing, backing and a rational development program and plan, and will enter into a performance contract. * A use which occurs in conjunction with the generally permitted use. It is n&ea-11y incidental and less in scale than the'general use (e.g. a retai! shop would be an accessory use within a hotel). "Requires review oy Planning Commission at a public hearing to establish -if conditio;Ls are satisfied. Criteria for Ltilisted Uses or Activities where specific uses or activities are not shown in the Table, or where no policy exists, the following test should be applied in making the deter.,dination. Test for Permissible Use or ActivitY (Requires compliance with either #1 or #2 and always with #3 & #4) #1 - The use or activity can only be carried out on, in, or adjacant to a water body because the use requires access to that water body. #2 - The use or activity, while not directly dependent upon access to a water body, provides goods, services, support or protection that are directly associated with a water-dependent - or activity and which if not located on, in or adjacent to water, would result in a direct Public loss in quality of the goods, services, support or protection offered or use or activity undertaken. #3 - There is no possible alternative to the proposed use or activity which would accoffplish the same goals but at less impact on the coastal resources of the City. #4.- The proposed use or activity is consistent with the intent and purpose of the underlying zoning and coastal management classification. C. DEIEGATICV OF REVIEW AUTHMITY Uses and activities that are allowed outright, without special review, shall be authorized by the Planning birector. Uses and activities identified to be permitted on the basis that certain conditions are satisfied shall be subject to a review by the Planning Commission. in such cases, the Planning Commission shall consider the proposed use or activity and make their decision in a public hearing. In all cases, the person or body making a determination shall consider the policies found in subsection D of this section before rendering a decision. D. POLaCIES The following policies shall govern land and water uses and activities and shoreline structures in the Cordova Coastal Zone. All applicable policies shall be adhered to by each activity or use. 1. General The City of Cordova has delineated certain policies pertaining to activities and uses within the Coastal Zone. These policies are to be used as a g@aide in preparing plans for conducting activities or developing uses within the Coastal Zone. When an application for a building permit is reviewed by the City staff or Planning CouTnission, these policies would be used to determine the acceptability of the proposal. Following are the policies incorporated into the Coastal Management Program. There are two categories: (1) general policies, applicable to all activities and uses, and (2) water-based policies applicable to uses or activities located in or over the water. Within each policy gro,@p, there my be individual policies which would not be applicable. For instance, a policy pertaining to dredging would not apply to a floating breakwater. Each of the following policies is to be preceded by the phrase "where feasible and prudent. " Feasible and prudent means consistent with sound engineering practice and not resulting in econornic, social or enviroarental problems that outweigh the public benefit to be derived from strict compliance with the policy. II pOJ_TrT GENERALLY APPLICABLE Where Feasible and Prudent: 1. New development, when compatible, shall be located near existing development, before cauTdtting undeveloped shorelines areas to development. 2. Priority shall be given to water-dependent and water-related uses over other uses. Uses which are neither water-related nor water-dependent shall be pemdtted only where no alternatives are available. 3. Multiple use of the shoreline shall be encouraged where new uses or activities do notinterfere with or inhibit existing uses or activities. Uses or activities which will interfere with the fishing industry shall be located in geographically separate sites. 4. Development and activities allowed shall not significantly degrade the quality of the natural envirorrent, including water quality and air quality, nor contribute to erosion or other deleterious effects on adjacent environments. 5. Recreational and visual access to coastal areas shall be provided where consistent with public safety and private property rights 6 6. Only those uses which require an over-water location shall be Permitted to locate seaward of this mean high water line or'the natural wetland boundary. 7. New development shall be required to locate in areas already provided with requisite public services and facilities and adequate land. 8. Developrent in the coastal zone shall be located and designed so facility users and watercraft are adequately protected from floods, extreme high tides, and/or destructive storms without provision of massive defense structures. 9. Clearing and grading operations shall be conducted so as to expose the smallest practical area of soil to erosion for the least possible time during construction. Erosion control measures where required, shall be undertaken frcm the time of beginning of clearing, and vegetation shall be restored or control measures instituted at the earliest possible date. All clearing and grading near to or involving flowing water courses shall be conducted in such a fashion so as to minimize material entering the flow of water. 10. Maintenance and enhancement of fisheries shall be given priority consideration in reviewing shoreline use proposals which might adversely impact fisheries habitat, migratory routes and harvest of significant fish or shellfish species. Alternate designs shall be seriously considered for such proposals if such potential adverse impacts are signficant. Shorelines having banks, beaches, and beds critical to the fisheries resource base shall be maintained in a productive natural condition whenever possible. 11. Irrplementation of goverruental services and facilities for public nu-noose shall be in conformance with. applicable plans, volicies, and programs of the City of Cordova. 12. Approval to carry on activities or uses in the Cordova Coastal Zone shall be contingent upon conformance with all applicable federal and state regulations. 13. Subsistence use of resources, where a predominant activity within the publicly-owned areas of the coastal zone, shall be considered equally with other uses in determaning use allocations. Ill. POLICIES APPLICABLE TO ;*,7A=-BASED USES Where Feasible and Prudent: 1. Only those uses or activities which require an in-water or over-water location -shall be permitted to locate seaward of the mean high water line or the natural wetland boundary. 2. Developments in or over the water, such as piers, docks, and protective structures shall be located, designed, and maintairi-ad in a manner which prevents adverse impacts upon water quality, fish, wildlife, and vegetative resources. 3. Larger works, such as bulkheads, breakwaters, or silt dams shall be located, designed, and maintained so that natural water circulation patterns and essential geo-hydraulic prooessess of accretion, transport, and erosion are not interrupted. 4. Open pile or pier support structures shall be used where possible in lieu of filled areas for piers or docks which project into the water. 5. Dredging shall be permitted only where it is essential to the activity or use proposed. Areas which will require frequent periodic maintenance dredging are less preferred than self maintaining channels or basins. 6. Dredging for the sole purpose of obtaining materials for landfill or construction shall not be perrLitted. 7 7. Dredging shall not be permitted where valuable wetlands, estuaries, tide flats, or other scarce or valuable natural areas, would suffer is significant harm. B. Disposal of dredge material shall be conducted in upland areas; except that dredge spoil may be utilized in shoreside landfills if permitted under applicable regulations for the purpose of creating usable waterfront land. 9. Dredging or pile driving activities shall be conducted in a manner that adnimizes pollution to marine water; the use of containment devices shall be encouraged. Dredging or pile driving activities will be timed so that they do no interfere with migrating aquatic life. 10. Approval to carry on activities or uses in or over the water shall be contingent upon conformance with all applicable federal and state regulations. Chapter 18.60 Add a new subsection 18.60.020 18.60.020 COASTAL MANN3@= 1. An application for conditional use shall be filed in writing and verified by the owner of the property concerned. a. The application shall contian the following data with respect to the property and the applicant. (1) A legal description of the property involved. (2) Plot plans showing the location of all existing and proposed buildings or alterations, elevations ursuch other data as may be required. (3) A proposed tirm- frame for the project start-up and the period of construction. b. The application shall contain a statement and adequate evidence showing:that the project use or activity will be in comliance with all applicable policies and the conditions established for the type of conditional use proposed. 2. The Planning Commission shall hold a public hearing upon each properly sulmutted application. Such hearing shall be held not less than 10 days nor later than 30 days following the date of filing of such application and the applicant shall be notified of the date of such hearing. The CcmTLission shall cause to be sent to each owner of property within a distance of 300 feet of tl-e exterior boundary of the lot or parcel of land described in such application notice of the tine and place of hearing, a description of the property involved and the provisions of Chapter 18.50. For the purposes of this secticn, "property owner" shall mean that owner shown upon the latest tax assessment roll. 3. From the time of filing such application until the tine of such hearing, the application, together with all plans and data suirrdtted shall be available for public inspection in the office of the City Clerk. 4. The C=rnission shall cause to be made by its own members, or its authorized agent, an investigation of facts bearing on any application sufficient to assure that the action taken is consistent with the intent and purpose of this ordinance. 5. The Planning Cbmnission shall hear and consider evidence and facts from any person at any public hearing or written commrdcation from any person relative to the matter. The right of any person to present evidence shall not be denied for the reason that any such person was not required to be informed of such public hearing. 8 6. Within 30 days frcrn the conclusion of the public hearing, the Planning Camiission shall render its decision unless such time limit be extended by ccnTmn consent and agreement signed by both applicant and the Camussion. If, in the opinion of the C=Tnission, the necessary facts and conditions set forth in Chapter 18.50 apply in fact to the property referred to, and that the same comes within the purview of the Planning Ccmrdssion, it may grant permission for the use or activity. If, however, such facts and conditions do not prevail nor apply, the C=udssion shall deny the application. 7. The Ccmnission, in granting approval, may establish conditions under which a lot or parcel of land nay be used or a building constructed or altered; make requirements as to architecture, height of building, or structure open spaces or parking areas; require conditions of operation of any enterprise; or may make any other conditions, requirements, or safeguards that it may consider necessary to prevent damage or prejudice or adjacent proper-ties or detriment to the City. When necessary, the CmTaission may require guarantees in such form as deeme@d proper under the circumstances to ensure that the conditions designated will be complied with. 8. The decision of the Planning C=raission, either for the granting, with or without conditions, or the denial of an application, shall become fi.nal and effective 10 days following such decision. 9. Any application approved by the Planning CwTnission shall be conditional upon the priviledge granted being utilized within twelve months after the effective date of the approval. In the event some construction work is involved, it must actually comnenoe within the stated period and must be diligently prosecuted to completion, otherwise, the approval is autcratically voided. In such cases, the Planning Ccrmission my extend the time of construction start if satisfactory evidence of planning progress is presented. 10. In order to defray the expenses of making maps, sending out notices, and incidental administration costs involved in any application, the person filing such application shall pay to the City Clerk a fee of Twenty Dollars ($20.00). One copy of the receipt for such fee.shall be attached to the application. Regardless of the action taken on the application, the required fee shall not be returned. Cha=@ter 18.68 Add a new subsection 18.68.020 E. E. COASTAL MNiAGE@= The Board of Adjustment may, upon appeal from the Planning Ccmnission, grant approval to a request for permission to conduct a use or activity in the Coastal Zone. Such appeals shall be decided upon after a review of the hearing record, and the requirements of this ordinance. Where it is determined that an error of any order has been made in a decision or determination in the enforcement of the Coastal Management Program, the Council shall be empowered to mDdify the decision in the manner that is in keep2.ng with the requirements of this ordinance. First Reading: Second Reading: PASSED AND APPROVED THIS DAY OF 1981. Mayor City Clerk EXAMPLE 24 CONDITIONAL USE PERMITS Kodiak Island Borough Brochure The Kodiak Island Borough published a brochure to explain to residents the review procedures for conditional use permits and how they can participate. District Implementation Manual DATE Sept. 1988 PAGE 99 .1 0 0 0 District Implementation Manual DATE Sept. 1988 PAGE 100 CONDITIONAL USE 3. For More Information For more information on conditional use criteria and approval, refer to section 17.30.020 of the Kodiak Island Borough Zoning Ordinance. Additional assistance can be provided by: Community Development Department Kodiak Island Borough 710 M111 Say Road, Room 204 P.O. Box 1246 Kodiak, Alaska 99615 ib@ (9071 486-S736 E t to CL 0 E 3 e q Ln 0 0 Ce :z ca a, 2 ' 01 Kodiak -2 r-4 Island E m:@ 0 -hi Borough M M E :6 0 U 2 CONDITIONAL USE 1. Purpose 2. Procedure 0 Within 45 days of acceptance of a complete application, the Planning and Zoning Com- Conditional uses are activities and the structures An application requesting a Conditional Use can mission will take action to approve or associated with these activities that are subject be obtained from the Community Development disapprove the request. An application can to approval within zoning districts. The condi- Department. Once completed, it should be be tabled with the consent of the applicant. tional use procedure provides flexibility by submitted to the Department. The review and The Commission has the right to impose allowing certain uses within zoning districts as approval procedure is outlined below: conditions on approval of the application. long as safeguards are applied to ensure compatibility with the principal uses of the El Applications will be reviewed for com- 0 Applications that are substantially the same district. Conditional uses must be approved by pleteness within 3 working days of receipt; as a proposal previously rejected within the the Planning and Zoning Commission prior to incomplete applications will be returned with last 6 months will not be considered. obtaining a Building Permit. a list of deficiencies. 11 A Public Hearing must be held by the Planning and Zoning Commission prior to approval. All hearings will be preceded by appropriate public notice. The Commission will review the request based on conditions established and specified in Chapter 17.30.020 of the Zoning Ordinance. EXAMPLE 25 SITE PLAN REVIEW Municipality of Anchorage Ordinances The Municipality of Anchorage Planning and Zoning Commission reviews the site plans of all publicly funded local projects. The purposes of the review are to: � ensure the proposed site and development are in keeping with an adopted municipal land use plan and the applicable land use regula- tions; � allow the public to be involved in the site selection and design; and � mitigate the effects of the proposal on the area surrounding the site. District Implementation Manual DATE Sept. 1988 PAGE 101-i I 0 0 IDistrict Implementation Manual '. 0 DATE Sept. 1988 PACE 102 _ i 21.15.015 PUBLIC FACILITY SITE REVIEW. A. The Planning and Zoning Commission shall review and make recommendations regarding the following under this Section: 1. The selection of a site for a public facility, except where the location of the site is: 0. Designated on a Municipal plan adopted by the Assembly: or b. Determined by a dedication to the Municipality on a final plat approved and recorded in accordance with this Title; or C. Subject to approval of a conditional us* under this Title. 2. The site plan for a public facility, except for site plans subject to approval of a conditional use under this Title. B. The agency proposing a sit* selection or site plan shall submit to the Commission all information necessary to its review under this Section. This information shall include, but need not be limited to, an evaluation of alternative sites, or an explanation why no alternative site* were considered. C. Public hearing. 1. The Commission shall hold a public hearing on any site selection that is subject to review under this Section. 2. The Commission may, in its discretion, hold a public hearing on any site plan subject to review under this Section. Notice of public hearing shall be given in the manner prescribed for a public hearing on a conditional use application. D. The Commission shall review and make recommendations under: 1. Subsection A.1 before the acquisition of a site for the public facility may be authorized or before the publicly owned land is designated as the site for the public facility; 2. Subsection A.2 before the final commitment to the design of a public facility may be made, and before any contract to construct or acquire the public facility's improve- ments may be awarded. Upon application of the agency proposing the site, the Commission may consolidate its review under Subsections A.1 and A.2. E. The Commission shall review a proposed site selection or site plan for consistency with the goals, policies and land use designations of the Comprehensive Development Plan and other Municipal plans adopted by the Assembly, conformity to the requirements of this Title and the effects of the proposal on the area surrounding the site. F. No agency may proceed with a site selection or site plan that does not conform to the Com- mission's recommendations under this Section. unless the agency furnishes the Commission a written statement of the reasons for its decision to proceed at least 30 days before imple- menting that decision. G. The Planning and Zoning Commission may promulgate regulations under Chapter 3.40 that dele- gate all or part of its authority under this section to the Director of Community Planning or to other municipal boards and commissions. (AO 85-160). H. Definition*. As used in this Section, "public facility* means of the following owned, or leased for no lose than 10 years, by a government agency not exempt by low from Municipal land use regulation: any building in which government operations or activities occupy more than 4,000 square foot: any dedicated park exceeding one and one-half acres in area; any street of collector or greater capacity; and any &now disposal site. (Note: AMC 21.1S.015 shall not apply to any facility site selection or site plan: (1) reviewed by the Com- mission or approved by the Assembly before the effective date of this Section; or (2) under which there have been substantial expenditures for design or construction before the effec- tive date of this Section. AO 84-20, am 85-160 (effective January S. 1986)). dhapter 21.15 Page 17 EXAMPLE 26 SUBDIVISION ORDINANCE Kodiak Island Borough Brochure The Kodiak Island Borough distributes this short brochure to residents interested in submitting applications and plats for a subdivision. It details: 0 what plats are; 0 requirements for applications and plat submittals; 0 the process for review and approval; and 0 where to get more information. District Implementation Manual DATE Sept. 1988 PAGE 103 I 0 0 I District Implementation Manual 0 DATE Sept. 1988 PAGE 104 ) 0 PRELIMINARY PLAT AND 4. For More APPROVAL Information PROCESS For more information on rezoning criteria and approval, refer to section 16.40 of the Kodiak Island Borough Subdivision Ordinance. Addi- tional assistance can be provided by: Community Development Department Kodiak Island Borough 710 Mill Say Road, Room 204 P.O. Box 1246 Kodiak, Alaska 99615 (907) 486-5736 Community Development Department Kodiak Island Borough 710 Mill Bay Rd. Room 204 P.O. Box 1246 Kodiak, Alaska 99615 Kodiak Island Borough PRELIMINARY PLAT AND APPROVAL PROCESS Is Why Are Plats El All plans, data, and reports required by the El The Planning and Zoning commission shall Alaska Department of Environmental Con- take action on the plat within 60 days of Required servation acceptance, and adopt specific findings as to approval or disapproval of the plat. The A plat is a map or chart of a surveyed sub- 0 A professionally prepared soils report subdivider will be notified in writing of the division of land. Plats serve several purposes. action and findings within five working days. They are a legal record of land division and of 0 Copies of any proposed protective cove- dimensions of a parcel of land. Plat review nants, deed restrictions, and/or bylaws affec- El The approval of the preliminary plat shall be provides for some minimum standards of survey ting the proposed subdivision. effective for 18 months from the date of accuracy. During their review, plats provide a approval. After this time, the preliminary plat means of ensuring that subdivision results in shall become null and void unless the adequate access, roads, sewer and water, and 3. Review and commission grants an extension prior to other utilities for the zoning district in which they expiration of the plat. are located. Approval Process 0 Following approval by the Borough Engineer, the plat must meet the Final Plat 2. Submittal 11 The subdivider shall confer with the Com- requirements outlined in Section 16.50 of the Requirements munity Development Department and Bor- Subdivision Ordinance. ough Engineer before submitting a pre- 1:1 A preliminary plat that is substantially the A Preliminary Plat is required for all subdivision liminary subdivision plat. same as a plat previously denied within the of land, including subdivision action eligible for last 6 months will not be. accepted for the Abbreviated Plat process. In general, the El The Borough Engineer will review the sub- hearing. following information is required: mitted Preliminary Plats for completeness. If the plat is not acceptable, the subdivider and El A legible sketch of I inch equals 100 feet surveyor will be notified in writing stating showing the location, size, and configuration the additional information required. If such of each parcel to be created; existing and information is not submitted within 10 work- planned roads, utilities, and structures, and ing days the plat will be returned due to non- other improvements. A U.S.G.S. map of one compliance with the Subdivision Ordinance. inch to a mile will also be submitted. EXAMPLE 27 SUBDIVISION ORDINANCE Municipality of Anchorage Platting Actions Affecting Wetlands The Municipality of Anchorage's subdivision regulations strongly enforce the Anchorage Wetland's Management Plan (AWMP). The AVRvIP classi- fies wetlands into three types: preservation, conservation, and developable. These ordinances specify that: Preservation wetlands shall be acquired by the Municipality or developed only after the developer acquires a COE Section 404 permit. Subdivision development in a conservation wetlands shall be ap- proved only after the reviewing body makes specific findings. Mitigation techniques shall be incorporated into any development affecting developable wetlands. District Implementation Manual -DATE Sept. 1988 PAGE 105 I 0 0 IDistrict Implementation Manual1 0 'DATE Sept. 1988 PAGE 106 21.05.090 IMPLEMENTATION--EAGLE RIVER-CHUGIAK-EKLUTNA COMPREHENSIVE PLAN. Zoning map amendments, conditional uses and subdivisions shall conform to the Land Use and Residential Intensity Classification Maps of the Eagle River-Chugiak-Eklutna Comprehensive Plan, exceot where the approving authority finds that the application meets the standards of subsection's 21.05.080 C, D and E. (AD 79-136, am AD 85-23, AD 85-165). 21.05.100 IMPLEMENTATION--TURNAGAIN ARM COMPREHENSIVE PLAN. Zoning map amendments, conditional uses and subdivisions shall conform to the land use maps of the Turmagain Arm Comprehensive Plan, except as provided in Section 21.40.117. (AO 79-208, am AD 82-162, AD 85-16, AD 85-16S). 21.05.110 IMPLEMENTATION--TRANSITION (T) DISTRICT. The Transition (T) District which encompasses parts of the Anchorage bowl and Eagle River-Chugisk-Eklutna areas is inadequate to serve the increased pressure for development within these areas. Interim development of these areas shall proceed in accordance with the land use and residential, classification maps of the area's comprehensive plan. The standards of 21.05.080 shall be followed for all subdivision plats, conditional uses, or rezoning actions. Initial areawide zoning shall be based upon the Comprehensive Development Plan including but not limited to the plan maps. (AO 85-165). 21.05.115 IMPLEMENTATION--ANCHORAGE KTLANDS MANAGEMENT PLAN. A. The following municipal programs and activities shall be undertaken in conformity with the Anchorage wetlands Management Plan: 1. Municipal capital facility programming as expressed in the Capital Improvement Plan: 2. Municipal management and disposal of the state lands selected under AS 29.18.210-.213. B. Municipal zoning and platting actions. 1. Municipal zoning and platting actions taken under this title shall be consistent with the Anchorage Wetlands Management Plan. It is the intent of the municipality that wetlands designateo "preservation" in Table 6-3 will be protected as indicated in that table and in Chaoter 7 of the Anchorage Wetlands Management Plan. 2. The orovisions of AMC 21.80.100-.110 may be applied to plats showing develODment of wetlanos designatea 'preservat,,cn" under the plan where fee simple acquisition is required by the plan. If at the end of the 15-month period for acquisition provicea by AMC 21.80.110, the "oreservation" wetlands have not yet been aca *uired, by mutuai agreement of the property owner and the Municipality, the reserve tract designation may be extended, in consideration of which agreement the Municipality shall pay an amount equal to the taxes accumulated on the property for the period of reservat@cn. If the Municipality 3nd -re orooerty owner do not agree on an extension a+ the rese-ve tract oesignation, the prooerty owner snall obtain a Section 404 oermit requirea oy the Feceral Clean Water Act of 1972. as amended, before submitting a plat for that orocerty. In conducting the Section 404 review, the preservation standard fourc in Sect4on 6.6 3f the Wetlands manaaement Plan shall be applied. 3. Any oeveiooment of -a "zreservation" wetland ailowea by the platting authority af-ter a a.evelooer has acquired a Section 404 permit shall be conditioned on use of the recom- mended construction mitigation techniques to the maximum extent practicable. 4. In order to maximize protection of wetlands designated "conservation," in addition to the criteria normally considered in subdivision and conditional use applications, the Platting Authority or the Planning and Zoning Commission must, prior to approval, make explicit findings that: a. the proposed design and placement of roadways, utility lines and structures will not interfere with the natural drainage function indicated in the required hyaro- logic studies or that such interference can be adequately mitigated to maintain the natural drainage function; b. the soils in the area proposed for development will adequately support roadways and structures, or that properly designed roads and foundations will be provided; C. habitat areas identified in the required habitat studies will be adequately pro- tected. Chapter 21.05 Page 7 Supplement $1, 7/01/86 maintenance of open space in its natural state shall be required where the Platting Authority or the Planning and Zoning Commission determines that such is necessary to protect the hydrologic and habitat-values of wetlands on the property being developed or on adjacent property. Areas where open space is to be preserved in its natural state shall be indicated an the plat or approved site plan. The Platting Authority and Planning and Zoning Commission may require such land development techniques and such additional conditions as may be appropriate to carry out the intent of the wetlands plan taking into consideration information required by AMC 21.15.110C or 22.15.030C.3 and such other wetlands studies as may be relevant. 5. Whenever practicable, the Platting Authority or the Planning and Zoning Commission shall include the recommended construction mitigation techniques when approving plats or conditional use permits in wetlands designated "developable" under the plan. C. Application of plan to approved projects. 1. Conditional uses and preliminary plate approved prior to April 20, 1982, the date of adoption of the Anchorage Wetlands Management Plan, shall not have additional con- ditions imposed. upon them as a result of the requirements of the Plan except as follows: a. the "preservation" designation shall apply regardless of prior approvals: b. approved plats or conditional uses in wetlands which are returned to the platting authority or Planning and Zoning Commission for major amendment may be examined for conformity with plan goals and policies. (AO 82-33(S). AO 85-165). 21,05.120 IMPLEMENTATION-HILLSIDE WASTEWATER 14ANAGEMENT PLAN. The Hillside Wastewater Management Plan recommends extension of the public sewer system to the areas shown on sheets 1 and 2 of Map 9 of the plan. Extension of the public sewer system into these areas will make possible higher density development than is allowed by the present zoning. To protect neighboring lower density developments existing as of the date of adoption of the Hillside Wastewater Management Plan, any rezoning of property within the sewerage area shown on Map 9 from lower to higher density shall be allowed only with special limitations which address the issues of buffering, internal circulation, drainage and protection of vegeta- tion as reauired under Section 21.45.200. (AO 82-52, am AO 85-20, AO 85-167, AO 85-168, AO 85-165). 21.05.130 IMPLEMENTATION--COASTAL ZONE MANAGEMENT PLAN. The following elements of the Anchorage Coastal Zone Management Plan, dated July, 1979, are adopted as elements 1. Material on page 28 entitled "Anchorage Coastal Zone Management Boundary." 2. Section entitled "Areas Meriting Special Attention" (pages 29-39). 3. Section entitled "Coastal Management Policies and Goals" (pages 41-51), with the exception that the recommended policies under the heading "Selected Freshwater Marshes, Wetlands and Coastal Marshes" (page 46) shall read: 6. Planning, programing, and construction activities of the Municipality shal'. recognize and consider the natural functions and values*as delineated in tile Anchorage Wetlands Management Plan. 7. In wetlands identified for development, appropriate mitigation techniques, as specified in the Anchorage Wetlands Management Plan, shall be used to the maximum extent practicable. S. All public works activities such as transportation projects, utilities. sewers and drainage activities shall avoid or minimize any identified adverse impacts upon freshwater marshes and wetlands to the maximum extent practicable. 9. Natural functions and values identified for freshwater marshes and wetlands in the Anchoragc. Wetlands Management plan shall be protected as indicated therein." 4. Section entitled "Recommendations" (pages 55-57). Chapter 21.05 Page 8 Supplement *1, 7/01/86 EXAMPLE 28 LAND USE PERMIT Matanuska-Susitna Borough The CMP in the Matanuska- S usitna Borough is an important document, because many of the areas it affects are not governed by zoning and other land use regulations. This permit ties in the Borough's Coastal Management Program policies as one set of the review criteria for new Borough construc- tion. The information provided by the applicant helps the reviewer deten-nine whether the proposed project follows the CMP policies affecting: setbacks from rivers and lakes; and presence of sewage disposal. The reviewer can place conditions on the proposed use which will help bring the project into conformance with the CMP or mitigate potentially adverse impacts. District Implementation Manual DATE Sept. 1988 PAGE 107 0 0 IDistrict Implementation Manual 0 1DATE Sept. 1988 PAGE 108 APPLICATION FOR LAND USE PERMIT MATANUSKA-SUSITNA BOROUGH P. 0. Box 1608, PALMER, AK 9964S (907) 74S-984S Parcel ID Map File # CMD 0 J-@,*cial Us* Dist. 0 Flood Hazard Area 0 Variance .0 Conditional Use 0 Exception a Plot Plan AiUthed 0 Special Applications Required YO NO Attached 0 1 Ownersh7ip Name of Property Owner Name of Permittee if different from owner Address Address Phone Phone IProject Location Subdivision Block Lot Meridian Township Range. Section Aliquot Part Street Address Vicinity Lot Size I Total Square Footage of Lot Water Frontage I Does the property have water frontage YO N 0 Name of Waterbody "hat is distance between ordinary high water mark of water body and the structure at -he closest point7 I Access I This project will have access to what street or road. i@riveway permit required Y 0 N 0 Application Attached 0 ill you be constructing a new driveway access to a street or road YO NO .or information call 945-9694. CC07 (11/86) Page I 0 Type of Project New Building Addition Alteration/Remodel Repair/Replacement Relocation Mobile Home Placement Number of Stories: Basement /daylight basement and one two three Other Total Square Footage of Building Grading/Excavation Cubic Yds. Type of Use] Residential Number of Dwelling Units Private Storage/Garage Recreational Commercial Industrial Public/Quasi Institutional Project Description Eample: Warehouse - 20,000; Office - 5,000, etc. or living space 1.000; Garage 400 or fill 1,000 cubic yds. PROPOSED USE SQUARE FEET Type of Sewage Disposal None Holding Tank Septic Tank Public/Community System Other (specify) Existing Proposed DEC Certification N/A Attached (Call 376-5038 for information) Type of Water Supply None Private well/cistern Public/Community System Existing Proposed DEC Certification N/A Attached (Call 376-5038 for information) The owner of this building and the undersigned agree to conform to all applicable laws of this jurisdiction. Applicant Signature Applicant's Printed Name Date Permit Issued with conditions (see attached) Denied Action date Reviewed by B Administrative Office Date 07 (11/86) Page 2 Staie Consistency Review CHAPTER 11 LOCAL PARTICIPATION IN THE STATE CONSISTENCY REVIEW PROCESS The Consistency Review: We're In This Boat Together This chapter focuses on a single implementation technique: the consistency review. As you know from Chapter I, coastal districts have many other choices for implementing their coastal management programs: planning; zoning; general permits; public participation; and other local methods. Consistency review is the one implementation method used by every ap- proved district. It is also the one method that district coordinators have said is the most difficult because of the many players, unfamiliar regulations and new, and sometimes confusing, terms. But, all districts (and resource agencies) are in this boat together! That means that there are many examples to use as guidelines and many people who can quickly give you answers. Several consistency review checklists used by other coastal districts have already been included in Chapter I as examples. WHAT IS A CONSISTENCY REVIEW? The consistency review is an evaluation of any proposed activity which may affect your district's coastal resources. Your review ensures that the activity falls in line with your coastal management program's policies. The consis- tency review is mandatory for any development which may affect your district's coastal resources. For example, a mining project, a dock, or a seawall would necessitate a consistency review. Sometimes your district will review proposed projects that are located outside its boundaries because the projects might affect uses or resources inside the district boundaries (such as streams which pass through the district). Several agencies will collaborate with your district to review proposed projects. State agencies that are responsible for protecting or managing the state's resources give their input and make recommendations. (These agen- cies that protect or manage resources are called "state resource agencies.") Your district reviews the project at the same time that state resource agencies are reviewing it. The S late of Alaska Division of Governmental Coordination (or, in some cases, another state agency), coordinates all of this input into a single set of comments, called the state-coordinated consistency review. District Implementation Manual DATE Sept. 1988 PAGE 109 STATE-COORDINATED CONSISTENCY REVIEW PROCESS The state-coordinated consistency review process allows you to look at the following activities for consistency: � private projects that need state and/or federal approvals; � state agency actions (such as an Alaska Department of Transportation and Public Facilities (DOT) construction project); � federal agency actions (such as a United States Forest Service (USFS) timber sale); and � outer continental shelf (OCS) activities, other than the leases them- selves. Districts, the Division of Governmental Coordination (DGQ, and resource agencies participate together in the state-coordinated consistency review. Districts must also review all activities affecting their coastal zone which require only local approvals for consistency. State agencies will not be involved; this is ykur responsibility. STANDARDS FOR THE REVIEW Until the state approves a district's program, the state resource agencies use the standards of the Alaska Coastal Management Program (6 AAC 80) to review projects in the district. Once a district's program is approved, all reviewers determine a project's consistency with both the district program policies and the standards of the ACMP (except in rare instances when district policies actually replace or preempt an ACMP standard). It is important to note that all reviewers use the same coastal standards and policies. Resource agencies do not use their own agency regulations to make consistency determinations. Because the state and district interpretations of the coastal standards may differ, it is important toencourage communication between the district and the state resource agencies during the consistency review process. WHY IS THE CONSISTENCY REVIEW SO IMPORTANT? When your district actively participates in the consistency review of aproject, you have the opportunity to encourage and manage development for the District Implementation Manual DATE Sept- 1988 PAGE 110 benefit of your community and to prevent potentially harmful impacts to your coastal resources and uses. As part of your review, you can recommend to approve a project only under certain conditions in order to prevent or reduce damage to coastal resources and uses. The conditions you suggest might affect the timing, location, construction methods used, and other aspects of the proj ect in order to reduce impacts. For example, suppose you are trying to protect nesting waterfowl fi-om noise and traffic during construction of a shore cannery. You might stipulate that construction should not take place during June when the birds are under the greatest stress to hatch, andreartheir young. To protect existing use of a nearby waterfront promontory for fishing, you might require that the cannery facility located adjacent include a public access easement to the promontory. To assure that the cannery does not inhibit future water-dependent development on the waterfront, you might specify that its non-water-dependent buildings and uses be located back from the water's edge, adjacent to other inland industrial uses. This would reserve some stretches of the waterfront exclusively for water-dependent uses. You might also recommend that the cannery be located adjacent to other existing fish processing facilities, rather than next to existing commercial or harbor activities. GET TO KNOW THE CONSISTENCY REVIEW PROCESS: THREE QUICK ENCOUNTERS Summary Chart The rest of this chapter is divided into three sections. The first section is a summary chart describing each step of your participation in the consistency review process (Figure 11- 1). It is included hereto show: � an overview of the consistency review process; � when certain steps occur, � what your role is during each step; � what written materials or examples may be of help during each step; � who can answer questions and provide assistance during each step; and � what steps other parties are taking at the same time. District Implementation Manual DATE Sept. 1988 PAGE Ill Regulations and How to Deal With Them The second section is called Pertinent Regulations and Procedural Informa- tion. It discusses in detail the state consistency review process and the regulations from the State of Alaska Administrative Code (6 AAC 50) which guide the review. This section emphasizes the parts of the regulations which are particularly important as you participate in the consistency review process: � who coordinates the reviews; � review timeframes and deadlines; � classifications of state agency approvals; � the district role in the review process; � how to prepare comments; due deference; and elevation procedures. This section includes several sample documents to help you gather informa- tion or prepare formal comments for the consistency review. Each example has been inserted right after the regulation which details that particular point in the process. How State and Federal Agencies Fit In The third section of this chapter is called Role of State and Federal Agencies. It discusses how state and federal agencies are involved in the consistency review process. It also spells out the concerns of each of these agencies so you can better understand what they look for in a project as they participate in the consistency review process. District Implementation Manual ,DATE Sept. 1988 PAGE 112 r I -, AlLf-,-- v r I The Process L in One Glance 0 The Process in One Glance 0 I 0 District Implementation Manual DATE Sept. 1988 PAGE 113 FIGUREII-1 STEP-BY-STEP DESCRIPTION OF THE CONSISTENCY REVIEW PROCESS WHEN DOES WHAT WRITTEN THIS OCCUR? WHAT AM I MATERIALS OR WHO CAN WHAT ELSE IS STEP 30-DAY 50-DAY SUPPOSED TO DO? EXAMPLES ARE HELP ME? HAPPENING AT THE REVIEW REVIEW THERE FOR MY USE? SAME TIME? --------- --- 1. DGC or project applicant Provide information about your district coastal DGC Brochure: "How to DGC, resource Applicant may be contacting contacts you about project. management program. Have applicant fill out Apply for State Permits agencies, other DGC and other state Coastal Policy Questionnaire and discuss in Alaska's Coastal district coordinators. agencies. concerns. Direct applicant to contact DGC. Zone! Coastal Policy Questionnaire. . ......... ------------- ---- ------------- ...... ------------ -- - ------ 2. Applicant submits Day Day Distribute packet to people, v I es, or Coordinating State resource agencies, completed packet to 1-2 1-2 organizations in district who may be agency, other federal resource agencies, coordinating agency. Coor- interested in the proposed project. district coordinators. and others interested are dinating agency distributes just starting their review. packet and schedules to you and to other agencies. . . ... ........... 3. Review period. Day Day Review project packet for consistency with our district policies. DGC, coordinating State resource agencies and 3-17 3-34 your district program policies. Ask for more Sample review checklists agency, the appli- others are determining info, if necessary, from applicant or through in Chap. 1. cant, state resource whether they need additional coordinating agency. Inform coordinating agencies, other information. They are also agency and other agencies of your request. district coordinators. drafting their comments to be Begin writing comments. Get input from sent to coordinating agency. other people in your district. ----------------------------- -- ---- - - 4. Last day for you to Day Day If you still need additional information, Figure 11-2 oordinating agency, State resource agencies and request information from 15 25 contact coordinating agency by this day. pertinent state others interested may have applicant. resource agency, also requested additional in- formation. 5. Last day for you or others Day Day Contact coordinating agency and request DGC or other coor- State resource agencies and to request a public hearing.' 17 34 public hearing. dinating agency. others reviewing packet are submitting comments. 0 o@ 570-077 9 0 0 1, - - . .. . . ....... __ ...... ___ __6 0 6. Deadline for you to Day Day Make written comments to coordinating Figures 11-3,11-4, and DGC, coordinating State resource agencies submit comments to 17 34 agency based on district policies and/or 11-5. agency, other district and others submitting coordinating agency. ACMP standards. Give consideration to input coordinators. written comments to coordi- received from the district. Suggest stipula- nabng agency. bons affecting project timing, construction techniques, location, mitigation, etc., as nec- essary. If comments will not reach coordinat- ing agency by this day, send via PROFS, tele- copy, or telephone. Written follow-up comments must reach coordinating agency within 5 days of your phone call. ------------------------------- ----------------------- 7. Coordinating agency Day Day Review proposed consistency determination Figure 11-6. DCG, coordinating State resource agencies, develops proposed consis- 24 44 and how it compares with your comments. If agency, state applicant, and others tency determination on the it differs, discuss with coordinating agency. resource agencies, reviewing proposed consis- project and notifies you, other other district coordi- tency determination. reviewers, and applicant. nators. 8. If you do not agree with Day Day If you do not agree with preliminary consistency Figure 11-7. Coordinating agency, State resource agencies and coordinating agency's 29 49 determinafion and could not reach compromise other districts. applicant are deciding position, this is the last day with coordinating agency, you may request whether to request elevation. for you to ask for elevation. elevation by end of this day. This will result in your objections to the proposed consistency determinabon being reviewed by the Directors and Commissioners of the resource agencies. 9. If a consensus is Day Day Review final consistency determination to Figure 11-8 Coordinating agency, State resource agencies and reached, DGC or the coordi- 30** 50** make sure it incorporates your key points and other districts. applicant are reviewing final nating agency will send the the results of the consensus reached. consistency determination. final or "conclusive" consis- tency determination to the reviewers and applicant. .. ........................................ - - --------------------------------------------------- ------------------ 10. If a consensus is not Day Day Review issues paper. Parficipate in meetings Coordinating agency, State resource agencies and reached, elevation proceeds. 30*** 50*** with the Directors and Commissioners of the other districts. applicant are participating in if project is elevated, issues resource agencies. Be sure your testimony elevation meetings. paper is sent to reviewers. refers to your district's position relative to its adopted policies. 'Coordinating agency must decide within seven days whether to hold a public hearing. A hearing will be held only if necessary to address issues which cannot be otherwise adequately addressed during the review. The agency must give public notice 15-30 days prior to the hearing. it must also provide a summary of the hearing within five days after it is held. All reviewers and applicants have seven days after they receive the heeding summary to provide additional comments to the coordinating agency. **Other permits required by the project are to be issued by the pertinent agencies within.five days after they receive the consistency determination. -Elevaton can take up to 15 days at each level. If no consensus is reached during elevation to the Directors of the resource agencies, then the review is elevated to the Commissioners of the resource agencies for adecision. 0 1 0 1District Implementation Manual 0 DATE Sept. 1988 PAGE 116 j - ----- - C&I Pertinent Regulations , and L I Procedural Information Pertinent Regulations and Procedural Information The State of Alaska has regulations which describe how both state and federal consistency determinations are decided. These regulations, 6 AAC 50.010 through 6 AAC 50.190, are presented below, section by section. Following each section, an explanation highlights the most important points to mmem- ber. If the technical language of the regulations confuses you, skip altead to the explanations for a condensed version and then backtrack to try reading the regulations. Stickwithit. You won't need to "memorize" the regulations, but understanding them will help you to participate in the consistency review process and will also help you to implement your district's program. PURPOSE OF REGULATIONS 6 AAC 50.010. PURPOSE OF REGULATIONS. The regulations in this chapter are intended to implement, interpret, and make specific (1) the responsibility of the Office of Management and Budget (OMB) to implement the Alaska Coastal Management Program (ACMP) by rendering on be- half of the state (A) all responses concurring in or objecting to a federal consistency certification or determination which is required or authorized by Sec. 307 of the Coastal Zone Management Act of 1972, as amended, 16 U.S.C. $1456, (CZMA), and (B) all conclusive consistency determinations for any project requiring two or more state agency or federal permits as required by AS 44.19.145(a)(11): and (2) the responsibility of resource agencies to imple- ment the ACMP by making conclusive consistency determinations for projects requiring the permit of a single state agency and no federal permit, and to expedite their permit review procedures, to the extent District Irrkplementation Manual DATE Sept. 1988 PAGE 117 permitted by law, by coordinating their own proce- dures with the consistency review of a project. (Eff. 31 11/84, Reg. 89) Authority: Art. M, Secs. 1, 16 and 24, Alaska Const. AS 44.19.145(a)(11) AS 146.40.100(a) Conducting Consistency Reviews: Which Agencies are ReaRonsible? These regulations give the responsibility for conducting consistency reviews and determinations to DGC, as a division ofthe Governor's Office, and to the state resource agencies (the Departments of Natural Resources (DNR), Fish and Game (DFG), and Environmental Conservation (DEC)). When is a Consistency Review Conducted? Consistency reviews are conducted for development projects located: � inside a coastal zone boundary; and � outside of the coastal zone, but which may affect coastal resources and uses located inside the coastal zone. Reviews Coordinated by DGC DGC reviews development projects in the coastal zone if- a) the project requires permits from two or more state agencies; or b) the project requires a permit from a federal agency; or c) the project applicant is a federal agency. For all federal projects, the Coastal Zone Management Act (CZMA) legis- lated that federal agencies must make their own determination of whether the District Implementation Manual DATE Sept. 1988 PAGE 118 project is consistent with a state's coastal management program. In Alaska, DGC reviews the federal agencies' determinations on behalf of the state. DGC can either agree or object to the federal agencies' conclusions. For non-federal projects requiring permits from two or more state agencies, DGC coordinates the review process and makes the final (conclusive) determination that the project is consistent with the ACMP. State Resource Agencies Coordinate Some Reviews If a non-federal project needs permits from only one state resource agency, that agency (not DGQ, coordinates the ACMP consistency review process. When the agency assumes the coordinating task, the agency is called the "coordinating state resource agency." The resource agency will coordinate the consistency review using the same steps included in 6 AAC 50 and described in this manual. FEDERAL CONSISTENCY DETERMINATIONS 6 AAC 50.020. FEDERAL CONSISTENCY DETER- MINATIONS. The Division of Governmental Coordi- nation (DGQ of the Office of Management and Budget will coordinate a consistency review and render a response concurring in or objecting to a federal consis- tency certification or determination which is required or authorized by Sec. 307 of the CZMA. DGC will coordinate the review in the manner provided in this chapter and will render a response in the time and manner prescribed in the CZMA or in the regulations implementing that Act. (Eff. 3/11/84, Reg. 89) Authority: AS 44.19.145(a)(11). DQC Coordinates Federal Consistency Reviews Again, it is DGC's responsibility to coordinate the consis- tency review of a federal plan or project, or a federally sponsored, licensed, or permitted project. The manner and timeframe DGC uses to do this are laid out in 6 AAC 50 and in the CZMA. District Implementation Manual DATE Sept. 1988 PAGE 119 STATE CONSISTENCY DETERMINATIONS 6 AAC 50.030. STATE PERMIT CONSISTENCY DETERMINATIONS. (a) DGC will coordinate the review and render a determination for a project which requires the permits of two or more state agencies or a federal permit, in the manner provided in this chapter. (b) A resource agency shall coordinate the consistency review and render a conclusive consistency determina- tion for a project which requires only the permits of a single state agency and no federal permit. The agency shall coordinate the review and render its determina- tion in the manner provided in this chapter. (c) DGC will participate in a single-agency consistency review in the same manner as the other resource agencies participate. DGC will also, on request of the coordinating agency, act as a facilitator to attempt to resolve any disputed issues. If the project includes a disposal of interest in state land, DGC will either concur in the determination or require modifications necessary for its concurrence. (d) DGC will, in its discretion, at any time, with reason- able notice, review the consistency review procedures, files, or decisions of a coordinating agency. (Eff. 31111 84, Reg. 89) Authority: Art. III, Secs. 1, 16, and 24, Alaska Const. AS 44.19.145(a)(11) AS 46.40.100(a). QGC or Resource Agencies Coordinate State Consistency Reviews Again, DGC coordinates consistency determinationsfor projects requiring permitsfrom two or more state agen- cies or afederal agency. State resource agencies coordi- nate consistency reviews for projects requiring permits from only one state agency and no federal pennits. District Implementation ManuaI DATE Sept. 1988 pAGE 120 DGC has the authority to examine the reviewprocedures, decisions, orfiles ofa state resource agency conducting a consistency review of a project. This ensures that if there is concern about how a state resource agency is conduct- ing its reviews, DGC and that agency can work together to see that the ACMP regulations are being followed properly. PREAPPLICATION ASSISTANCE BY DGC AND COORDINATING AGENCIES 6 AAC 50.040. PREAPPLICATION ASSISTANCE. DGC will, on request, assist a potential applicant for a state permit for a project by providing and explaining the coastal project questionnaire and the consistency review process as described in 6 AAC 50.070, identify- ing persons to contact in other state or federal agen- cies, determining the scope of activities which com- prise the project, and providing any other assistance or information at its disposal to facilitate review and approval of the applicant's proposed project. A re- source agency shall, on request, provide similar assis- tance and shall also provide application forms for its own permits. DGC and all resource agencies will at- tempt to regularly inform each coastal resource dis- trict of proposed projects which may have significant and direct impacts on that district. (Eff. 3/11/84, Reg. 89) Authority: Art. III, Secs. 1, 16 and 24, Alaska Const. AS 44.19.145(a)(11) AS 46.40.100(a). State Agencies HeIR Applicants Get Started If the applicant asksfor help, DGC and coordinating state resource agencies are responsibleforproviding the appli- cant with pre-application assistance. This can take the form of helping the applicantfill out the coastal project questionnaire (CPQ); orscheduling meetings between the applicant, state and federal agencies, and the coastal District Implementation Manual DATE Sept. 1988 PAGE 121 district. These meetings usually occur before the appli- cant actually submits his or her application. Pre-application Meetings Pre-application meetings generally occur in the regional offices of DGC or the resource agencies. In some cases, these meetings occur in two cities if the project is large and if the agencies interested in the project have offices in different locations. Many of the pre-application meetings may also involve federal resource agencies. These may include EPA, U.S. Fish and Wildlife Service (USFWS), U.S. Corps of Engineers (COE), and National Marine Fisheries Service (NMFS). Usually, DGC or the state agency coordinating the review organizes the pre- application meetings. If the project is located in a district with an approved coastal management program, the agency staff will notify the district coordi- nator of the meeting. The district can choose whether or not to send a representative to attend. If your district does not have an approved program, the DGC or resource agency may not automatically notify you of the pre- application meeting. You can still attend the pre-application meeting, but it is very important that your district let DGC or the resource agency know of the district's interest in being notified of all pre-application meetings. The District's First Response To a New Application The district should begin its review of a proposed project at this early stage, when the applicant is contacting state agencies. District involvement at this early stage: � helps the applicant to understand the resource concerns raised by the district's program; � helps the applicant prepare a project proposal that win be consistent with the district's program and that wiH minimize impacts to the district's coastal resources; � informs the applicant of other local approvals that may be required; and � informs DGC and state resource agencies of the district's concerns. District Implementation Manual DATE Sept. 1988 PAGE 122 EXPEDITED REVIEW 6 AAC 50.050. EXPEDITED REVIEW BY CATE- GORICAL APPROVAL AND GENERAL CONCUR- RENCE DETERMINATIONS. (a) The consistency review of a project will be expedited as provided in (b) or (c) of this section if the project meets the require- ments of one of those subsections. The State List that Classifies Projects DGC maintains a list called the "Classification of State Agency Approvals Under 6 AAC 50" (Appendix A). This classification is also known as the "A," "B," and "C" lists. The lists classify state approvals into three catego- ries: Categorically Consistent Approvals, General Con- currenceDeterminations, andIndividualProjectReviews. CATEGORICALLY CONSISTENT APPROVALS (b) A project which requires one or more state or federal permits, each of which appears on the list published under (e) of this section listing permits which have been categorically approved by DGC as being consistent with the ACMP, is considered to have been conclusively determined by DGC to be consistent with the ACMP. A permit will be categorically ap- proved if DGC determines that the activity authorized by the permit will have no significant impact in the coastal zone. If a project requires onty a permit (or permits) which are categorically approved, then the project is classified as Categorically Consistent with the ACMP. Categorically Consistent projects do not require individual consistency reviews. However, the applicant must obtain all required permits before beginning work. District Implementation Manual D Sept. 1988 PAGE 123 J Definition and Examples of Categorically Consistent Approvals Categorically Consistent approvals (also referred to as the "A" list) are granted for activities that the DGC has determined do not have a significant coastal impact as defined by the Alaska Coastal Management Act (see list of Categorically Consistency Approvals, Appendix A). Although these activi- ties do not require individual project review for consistency with the ACW, the applicant still must apply to the appropriate state resource agency for any necessary permits. The applicant must also comply with applicable local regulations. Examples of activities that are classified as Categorically Consistent include: � open burning (for air quality purposes); � plan review and approval of sewerage or sewage treatment works; � game sanctuary entry; � gravel sales from previously-approved upland sources; � certain water withdrawals on the North Slope; � trapping and remote cabin sites; � assignment of mineral interests; and � notice of intent to explore for surface coal. GENERAL CONCURRENCE (c) A project which requires one or more state or federal permits not categorically approved as pro- vided in (b) of this section will be considered consistent without further review, if it meets the requirements of a general concurrence determination contained on the list published under (e) of this section. A "general concurrence determination" is a consistency determi- nation for a type of project which includes only routine activities, and which can be effectively made consistent with the ACMP by imposing standard stipulations on I District Implementation Manual_ ,DATE Sept. 1988 pAGE 124 the applicable permit. If a subsequent project of any applicant fits the description in a general concurrence determination, the project will be considered consis- tent with the ACMP if it complies with the stated standard stipulations. Ifaproject is routine and can be conducted in accordance with specific rules or conditions, it may fall under the General Concurrence category. No individual consis- tency review is required. Again, the applicantmust obtain all other necessary permits. Definition and Examples of General Concurrence Approvals Activities on the General Concurrences list (also referred to as the "B" list) are consistent with the ACMP so long as the activity complies with standard stipulations. Applicants must still obtain the necessary state and local permit approvals. They must also comply with any conditions and regulatory provisions included in the permits. Each General Concurrence has been assigned a number and description, and is accompanied by a list of standard conditions (see list of General Concurrences in Appendix A). Examples of activities that are classified as General Concurrence include: � activities for which the COE issues nation-wide permits; � activities fo r which the COE issues general permits; � recreational placer mining; � temporary navigation sites; � access across state park lands; � cross-country movement of equipment in winter; � activities which have received National Pollution Discharge Elimina- tion System (NPDES) permits for Norton Sound and the Beaufort Sea; District Implementation Manual DATE Sept. 1988 PAGE 125 � surface oiling of roads; and � temporary camps on state lands. PROJECTS REQUELZING INDIVIDUAL REVIEW (d) A project which requires one or more state or federal permits, and which is not within the categories described in (b) or (c) of this section, is subject to review as an individual project as provided in this chapter. Some projects involve activities that are not categorically consistent or that have not been given a general concur- rence determination. These projects must be individually reviewedfor consistency with the ACMP and the coastal management program of the approved district in which they are located. The remaining sections of 6 AAC 50 describe this review process in detail. CATEGORICAL APPROVAL AND GENERAL CONCURRENCE LISTS (e) DGC will publish a list of permits which have been categorically approved as being consistent with the ACMP, and a list of general concurrence determina- tions, and will identify on each list those permits or projects for which a coastal project questionnaire is not necessary. DGC will amend these lists as necessary on its own initiative, or on the request of a coastal resource district or a resource agency based on new information regarding the impacts of these activities, including cumulative impacts. Before publishing or amending these lists, DGC will distribute the proposed lists or amendments for comment in the manner pro- vided in 6 AAC 50.070 for a project consistency review. (Eff. 3/11/84, Reg. 89) Authority: Art. III, Secs. 1, 16 and 24, Alaska Const. AS 44.19.145(a)(11). District Implementation Manual Sep@. 1988 pAGE 126 DATE How Activities are Classifi The classification of approvals was prepared by DGC in coordination with the state andjederal resource agencies and coastal districts. DGC may change the list if there is new information regarding the impacts of these activities. A coastal resource district or a state resource agency may request thatDGC consider changes. Anyproposedchanges to the classification list also go through a reviewprocess, which provides an opportunity for district, agency, and public comment. DETERMINING PROJECT SCOPE 6 AAC 50.060. SCOPE OF PROJECT TO BE RE- VIEWED. The scope of activities which are to be reviewed for consistency with the ACMP as part of a project will be determined based on statements of the applicant, the information provided in the coastal project questionnaire, and any additional information which DGC or a resource agency rinds necessary to request. If there is disagreement among the agencies, DGC will make the final decision. If DGC determines that a project under review by a resource agency is one requiring a federal permit, or the permits of two or more state agencies, DGC will immediately notify the applicant and the resource agency that the consistency review will be coordinated by DGC, and will com- mence as provided in 6 AAC 50.070 when DGC has received completed applications for all necessary per- mits and a completed coastal project questionnaire. (Eff. 3/11/84, Reg. 89) Authority: Art. III, Secs. 1, 16 and 24, Alaska Const. AS 44.19.145(a)(11) ft.jects Affecting the Coastal Zone The state resource agencies determine if the project, is located in, or may affect, the coastal zone. Ifso, theproject must be reviewedfor consistency with the A CMP. "Project" is defined by 6 AAC 50.190(14) as an "activity or use which will be located inor may affect the coastal zone of Alaska and which is subject to consistency review under section 307 of the Coastal Zone Management Act of 1972, as amended (16 U.S.C. Section 1456), or which requires the issuance of one or more state permits; when a land or water activity is developed or District Implementation Manual authorized in discretephases, and each phase requires agency decisions regarding permits, each phase is considered a'project' DATE Sept. 1988 PAGE 127 The Scope: Finding All the Pieces Before You Start Your district and the state agencies often take interest in how extensive a project will be, in addition to its location. The "scope" of a project refers to the complete range of activities and types of permits that make up a project. For example, suppose an applicant wants to construct a boat harbor. (A hypothetical boat harbor project is used as an example throughout this chapter.) In the pre-application meeting, the applicant states on the coastal project questionnaire that the boat harbor will require numerous construction activities: construction of a breakwater, a road, and a water and sewer system; placement of fill, dredging, and construction of pile supports. This construc- tion constitutes the complete range of activities required to build the boat harbor. Although originally presented as a single activity, this project has now been redefined in scope so that the consistency review can cover all related construction. A project's scope affects not just the review, but the type and number of permits as well. . For example, construction of the road for the above- mentioned boat harbor will require placement of fill. Fining requires a permit from the COE under Section 404 of the Clean Water Act. This COE permit, in turn, requires DEC to issue a Certificate of Reasonable Assurance for water quality because the placement of fill may affect waterquality in the immediate area. Each of the activities associated with the boat harbor may require one or more state and/or federal permits. DGC makes the final decision on what activities comprise the project scope. As you can see, DGC looks at all of the construction activities for a project in determining requirements for local, state and federal permits. The number and types of permits determine which agency coordinates the consistency review. All of the required permits are included in the consistency review. In the boat harbor example, DGC would coordinate the consistency review because 1) a federal permit is required, and 2) at least two state permits are required. Sometimes a project appears to require permits from only one state agency, so it is scheduled for a single state agency review; but later it is found that the project requires either a federal permit or permit from another other state agency. When this happens, DGC immediately informs the applicant and the resource agency that the project review must be coordinated by DGC. If a review is shifted to DGC, DGC will attempt to meet the review timeframes originally set up for the single agency review. District Implementation Manual- .DATE Sept. 1988 PAGE 128 Phasing When proposed projects involve the construction of several facilities, the applicant may propose to construct these facilities in phases with separate approvals for each phase. "Phasing,'.' or the practice of permitting several construction stages separately, is sometimes necessary. However, the deci- sion to review the project in phases must be made carefully. Phased review can make it difficult for the district and resource agencies to look at the project as a whole in order to determine its cumulative impacts and to effectively mitigate or reduce them. The coordinating agency will discuss the proposal to "phase" a project review with you and other resource agencies. CONSISTENCY REVIEW You may wish to refer back to Figure Il- 1 for an overview of the consistency review process. 6AAC 50.070. CONSISTENCY REVIEW PROCESS. (a) Except as provided in 6 AAC 50.050(e) or in (b) of this section, DGC on request, or a resource agency which receives an application for a permit for a coastal project, shall give the applicant a project question- naire provided by DGC. Based on the information provided by the applicant in response to the question- naire, the agency shall identify all state resource agen- cies which the applicant must contact regarding the project before submitting an application for a permit. Coastal E[opject Questionnaire (CPQ) The coastal project questionnaire (Appendix D) is the most convenient way to determine which state approvals are neededforaproposedproject. The applicant mustfill out the CPQ before a consistency determination can begin. The CPQ is designed to help the applicant identify whether his or her project needs any approvals from the three resource agencies. It will tell: * which state agency permits are required; and 0 whether or not anyfederalpennits are required. District Implementation Manual DATE Sept. 1988 PAGE 129 The CPQ Spells out the Project for You and the Applicant When you review the CPQ, you will notice that it is divided into six parts (A- F). These are explained below. Part A indicates: � the applicant's name, address, and.telephone number, � contact person; � a brief description of the project; � starting and ending dates for the project; and � project location. The CPQ also indicates whether the project is on state, federal, municipal, or private land. The applicant notes in which region of the state the project is located, i.e., northern, southcentral, or southeast. The project's location tells you which regional DGC and state resource agency offices will be involved in the consistency review. Part B indicates whether the applicant currently has any valid state and/or federal permits for the project and when the permits expire. This part also indicates whether the applicant has or intends to apply for a COE permit and/ or any other federal permits. Part C asks questions which determine whether DNR will require any permits. Part D asks questions which determine whether DFG will require any permits. Part E asks questions which determine whether DEC will require any permits. Part F requires the applicant to sign and date the CPQ. The applicant can obtain a CPQ from any of the DGC regional offices. You, as the district coordinator, should also have CPQs and can give them to applicants as well. If the applicant has questions that you cannot answer about any portion of the CPQ, you should ask him to call one of three DGC regional offices to obtain the answer(s). District Implementation Manual- DA-M Sept. 1988 PAGE 130 PLACER MINING APPLICATION (b) A project questionnaire is not required for placer mining activity which is authorized by an annual application known as the "triagency placer mining application." These applications must be submitted to the Department of Natural Resources (DNR). DNR will distribute these applications to initiate the consis- tency review of the projects as provided in this chapter. instead of filling out a CPQ, placer miners must, on a yearly basis, submit a placer mining application to DNR. DNR coordinates the consistency review processfor their applications. SUBMITTING AN APPLICATION PACKET TO DGC (c) For a project requiring a federal permit or the permits of two or more state agencies, the applicant shall submit a packet including all necessary state permit applications, copies of all necessary federal permit applications, and the project questionnaire to DGC, except that confidential information or fees must be handled as provided in 6 AAC 50.080. The coordinating agency may require the applicant to provide additional copies of maps or other documents which may not be conveniently duplicated. IfDGC coordinates the consistency review of the project, the applicant submits all application materials (except confidential information andfees) to DGC to initiate the review. SUBMITTING AN APPLICATION TO A RESOURCE AGENCY (d) For a project requiring only the permits of a single state agency, the applicant shall submit a packet in- District Implementation Manual D TE Sept. 1988 PAGE 131 cluding all necessary applications and the project questionnaire to the agency. Asnotedearlier, ifonly one state resource agency requires permits, that agency coordinates the review of theproject to assure consistency with the ACMP, in the manner outlined in 6 AAC 50.070. The applicant submits all application materials to the resource agency to begin the review. REVIEW PROCESS BEGINS (e) Immediately upon receipt, the coordinating agency shall review the packet and shall inform the applicant if it appears to be incomplete. If the packet appears to be complete, and the project does not include a dis- posal of interest in state land, the coordinating agency shall immediately assign a project number, and note the date as Day 1 of the consistency review process. For a project which includes a disposal of interest in state land, the consistency review will begin at a date which DGC and DNR agree will most effectively allow for both the consistency review and DNR's own statutory responsibilities. Acceptance of the packet does not preclude an agency from requesting additional infor- mation or applications from the applicant as necessary for its consistency review or its own statutory respon- sibilities. Starting the Clock Once the coordinating agencyfinds that the applicant's application materials are complete, the clock "starts." That day is called "Day 1" of the consistency review process. District Implementation Manual [DATE Sept. 1988 PAGE 132 How Long Does the Process Take? The coordinating agency will complete the review within either 30 or 50 days. The 50-day review schedule is most commonly used. For a project which includes a disposal of interest in state lands, the coordinating agency will work with DNR to establish a review schedule. The schedule will synchronize the consistency review schedule and DNR's statutory responsibilities regarding disposal of interest, allowing both proc- esses to run concurrently. After the coordinating agency accepts an application as complete, an agency or district can still request additional information, up to Day 15 in a 30-day review process, or Day 25 in a 50-day review process. PACKET DISTRIBUTION (e) (Continued) On or before Day 2, the coordinating agency will distribute copies of the packet to all resource agencies, other state agencies on request, all affected coastal resource districts, and other interested parties. For a 30-day review, the distribution may be limited in the discretion of the coordinating agency but must, if requested in writing, include any affected coastal dis- trict with an approved program. Alongwith the packet, the coordinating agency will distribute a notice estab- lishing a comment deadline at Day 34 in a 50-day review period, at Day 17 in a 30-day review period, or later if the review period is extended as provided in 6 AAC 50.100. The notice will also state the applicable time limit, if any, imposed by the federal law or regu- lation. Being Included in the Review Process Within two days of receiving a complete application packet, DGC or other coordinating agency will distribute a copy of the packet and any other pertinent information about the project to state resource agencies, to other state agencies on request, and to the appropriate coastal dis- 'The "disposal of interest in state land" means the sale, lease, or other disposition of state-owned District Implementation Manual or state-managed land or resources by the Department of Natural Resources. I DATE Sept. 1988 PAGE 133 trict. In a 30-day review, DGC or the other coordinating agency may limit the number ofagencies to whom it sends the packet. In these cases, it is very importantfor you, the district representative, to write the DGC or other coordi- nating agency, andstate thatyou wantto be included in the reviewprocess. Check Your Mail: You'll Need the Packet In the distribution packet to other agencies, the coordinating agency win identify: � that the project is being reviewed for consistency with the ACMP; � the name and identifying number for the project, if applicable; � the date by which additional information regarding the project must be requested; � the date by which comments must be received and to whom they are to be addressed; and � the concluding date of the consistency review. These dates are established by regulation (see 6 AAC 50.070). After you receive your packet, it is very important that you note: � the deadline for requesting more information from the applicant; and � the deadline for you to submit your comments to DGC or other coordinating agency. PUBLIC NOTICE (f) If the coordinating agency determines that the public notice, if any, provided by the resource agencies as part of their review of a permit is not adequate to inform the public about the project and the consis- tency review process, the coordinating agency shall, as soon as possible, publish a public notice in a newspaper District Implementation Manual ,DATE Sept. 1988 PAGE 134 or on radio or television in the affected areas, describ- ing the project and the consistency review process. In evaluating the need for public notice of a project, the coordinating agency shall consider the magnitude of likely impacts, including cumulative impacts on the affected area, but may not unreasonably require pub- lic notice for a project for which notice is not statutorily required. DGC will encourage thejoint public notice of project reviews when a permit from more than one agency is required. The coordinating agency must adequately notift the pub- lic about the review, whether by mail, newspaper, radio, or television. The public notice should. � describe the project, � announce that theproject is being reviewedfor consis- tency with the ACMP; and 0 indicate how the public can get involved. REQUESTS FOR INFORMATION (g) The coordinating agency, on its own initiative or at the request of a resource agency or of an affected coastal district with an approved program, may re- quest from the applicant by Day 25, or Day 15 of a 30- day review period, additional information relevant to the proposed project, which is necessary for its consis- tency review or its own statutory responsibilities. Day 25 ofa 50-day review and Day 15 ofa 30-day review are the last days for an agency or district to request additional informationfrom the applicant. District Implementation Manual DATE Sept. 1988 PAGE 135 Get an Early Start In order to determine whether you need additional information to conduct your review, it is essential that you review the project information packet egglly. The sooner you request information, the less chance that you will need to ask DGC or the coordinating resource agency to stop the review while you wait for the information and then review it. The goal is to get the needed information without slowing down the review. One of the first things you may want to do is to conduct a cursory review of the proposed project. This will help you determine whether you need additional information. It will also help you decide whether to consult other parties in the district (such as Native corporations and villages), and whether to send them a copy of the application packet. These other groups may also request more information about the project. How To Ask Good Questions If you ask the applicant additional information in order to conduct your review, it is very important to ask clearly-stated, specific questions, usually in writing. Figure H-2 is an example of a letter to send the applicant. Be sure to send a copy of your letter to the coordinating and resource agencies. District Implementation Manual_ DATE Sept. 1988 pAGE 136 FIGURE n-2 REQUEST FOR ADDITIONAL INFORMATION BY COASTAL DISTRICT REVIEWERS REGISTERED MAIL (Date) RETURN RECEIPT REQUESTED (Name & Address) Dear SUBJECT: [Project Name] (State I.D. Number) The (district) is participating in the review of this project for consistency with the Alaska Coastal Management Program. The following additional information is needed in order for the (district) to complete our review. (list information needed) Please respond to me at (district address) and send a copy of your response to the (coordinating agency and address). If by (day 14/day 24) a response has not been received and determined to be adequate and complete, we will ask that the (coordinating agency) extend the review schedule. To avoid delays in the review of your project, please respond at your earliest conve- nience. Sincerely, (Reviewer) (Title) cc: (Coordinating agency reviewer) For example, consider an application to build a boat harbor. Perhaps it is unclear from the information packet whether the boat harbor will require fill in the water. You can request the applicant to indicate: � whether any fill will be placed in the water, � where it will be placed, as shown on a map of the project area; � how much fill will be placed (usually in cubic yards); � the area the fill will cover, and � the minimum and maximum thickness of the fill to be placed in the water, shown by cross-section. If the informationyou arerequestingis notcritical butmerely helpful, averbal request may be adequate. When you make verbal requests, it's wise to enter a record of your phone calls and your conversations into your project file. Remember though: if you need information crucial to the project, request it in writing to verify that you contacted the applicant. If Information Doesn't Arrive, Stop the Clock If you do not receive all the information you have requested by Day 15 of a 30-day review or by Day 25 or a 50-day review, contact the coordinating agency. They may "stop the clock7 until you receive the information. The coordinating agency will "restart the clocW' after you receive the necessary information. SUBMITTING COMMENTS W Comments must be received by the coordinating agency on or before the comment deadline established by the coordinating agency. Each commenter shall also send copies of its comments to the resource agen- cies. Verbal comments must be confirmed by written comments postmarked within rive working days after the verbal comments. If the commenter recommends stipulations on the consistency determination, a brief ritten justification must be provided by the commen- District Implementation Manual_ 40 DATE Sept. 1988 PAGE 138 ter for each stipulation. Upon request, the coordinat- ing agency shall send copies of comments to other interested parties. Your comments on the project are due to the coordinating agency byDay34 ofa 50-day review or by Day 17ofa3O- dayreview. You must submityour comments in writing or over the state's electronic communication system (PROFS). If necessary, you may give the coordinating agency your comments by phone by the deadline and then, withinfive working days, follow them up with written or PROFS comments. Be sure to send copies ofyour comments to the coordinating agency and to all other participants in the review (use the original distribution listfor the project to identij@ to whom copies ofyour comments should be sent). How to Write Useful Comments The following suggestions might help you prepare more effective comments: � Don't hesitate to contact state resource agencies to get advice from resource specialists if the project information is technical in nature. You aren't expected to be an expert in every aspect of coastal resources from abalones to zinc mining. It is also a good idea to coordinate with an agency on your response. � Analyze the project's probable individual and cumulative impacts. Also look at the impacts from the project's associated uses. For example, consider a proposed boat harbor once again. Its individual impacts might include a change in tidal currents because of fill placement. Its cumulative impacts might be discharge of wastes in the water because of increased boat docking and, possibly, float homes. Associated uses of the harbor might be the construction of new or wider roads leading to the harbor, or adjacent development of retail stores or fish processing facilities. In your review, you should try to look at the total picture of what may happen, rather than one piece. Together, these will determine which ACMP standards and district policies apply to the proposed project. District Implementation Manual DATE Sept. 1988 PAGE 139 Develop a consistency recommendation for the project (that is, judge whether the project is consistent with the district's program, or consistent if certain conditions are followed, or inconsistent). Be sure to include any conditions necessary to ensure that the project is consistent with the ACMP and district program. Conditions might cover construction timing, type of equipment allowed, modifying or restricting the project location, mitigation actions, and others. � Include any advisory comments, if appropriate, which are not related specifically to consistency concerns. � Use DGC's recommended format when you write your comment letter (see Figures 11-3, H-4, 11-5). Make sure your comments are sent to the coordinating agency, and send copies to all other review participants, including anyone within the district that contributed to the development of the district comments. District Implementation Manual ,DATE Sept. 1988 PAGE 140 FIGURE 11-3 COMMENT LETTER PROJECT CONSISTENT AS PROPOSED (Date) (DGC Project Review Coordinator or Agency Review Coordinator) (Address) Dear SUBJECT: [Project Name (usually COE Waterbody Name/Number)) (State I.D. Number) The (district) has reviewed the above referenced plan for (brief project description). The (district) finds the project to be consistent as proposed with the Alaska Coastal Management Program (ACMP) (and coastal district program, if approved). Other Concerns/Advisories: (Include here any items which the reviewer wants the coordinating agency or the applicant to be advised of, such as local approvals required for the project, or recommendations that cannot be tied to ACMP Standards/district policies.) Sincerely, (Reviewer) (Title) cc: ACMP review participants Federal agency contact (if federal permit required) Applicant (optional) FIGURE 11-4 COMMENT LETTER PROJECT CONSISTENT WITH CONDITIONS (Date) (DGC Project Review Coordinator or Agency Review Coordinator) (Address) Dear SUBJECT: [Project Name (usually COE Waterbody Name/Number)] (State I.D. Number) The (district) has reviewed the above referenced plan for (brief project description). The (district) finds the proposed project to be consistent with the Alaska Coastal Management Program (ACMP) (and coastal district program if approved) provided the following conditions(s) is (are) met: 0 List Conditions These conditions are necessary to (insert rationale, including any information specific to the coastal resources at the project site). These conditions are necessary as per (insert the ACMP Stan- dard(s) and the enforceable district policy/policies on which the conditions are based). Other Concerns/Advisories: (Include here any items which the reviewer wants the coordinating agency or the applicant to be advised of, such as local approvals required for the project, or recommendations that cannot be tied to ACMP Standards/district policies.) Sincerely, (Reviewer) (Title) cc: ACMP review participants Federal agency contact (if federal permit required) Applicant (optional) FIGURE 11-5 COMMENT LETTER PROJECT INCONSISTENT (Date) (DGC Project Review Coordinator or Agency Review Coordinator) (Address) Dear SUBJECT: [Project Name (usually COE Waterbody Name/Number)) (State I.D. Number) The (district) has reviewed the above referenced plan for (brief project description). The (district) finds the proposed project to be inconsistent with the Alaska Coastal Management Program (ACMP) (and coastal district program if approved). This finding is based on (insert explicit rationale, including any information specific to the coastal resources at the project site. Also cite the ACMP Standard(s) and enforceable district policy/policies to which the finding is tied). (If there is a way in which the project could be made consistent, such as with a particular modification, describe this also.) Other Concerns/Advisories: (Include here any items which the reviewer wants the coordinating agency or the applicant to be advised of, such as local approvals required for the project, or recommendations that cannot be tied to ACMP Standards/district policies.) Sincerely, (Reviewer) (Title) cc: ACMP review participants Federal agency contact (if federal permit required) Applicant (optional) 0 What Do My Comments Have to Include? All comments must include the following: 0 the name of the project and the state I.D. number, 0 a brief description of project under review; and 0 your district's recommendation for the project (i.e., consistent with the district's program, consistent with stipulations, or inconsistent). If you are recommending stipulations, you must: � list the specific stipulation(s); � provide the rationale or justification for the stipulation(s); and � identify the name or number of each ACMP standard and/or district policy which is the basis of each recommended stipulation. Example: No in-water work shall be allowed between July 1 and August 15. This stipulation is necessary to prevent disruption of salmon spawning which occurs in creek. ACMP reference: 6 AAC 80.130 Habitats (a)(7). You may also have concerns which are outside the authority of the ACMP. These comments should be clearly identified as "other concerns," and specifi- cally directed to the proper agency. Expmple: The Department of Natural Resources should note that the City of has applied for and received approval of these tidelands for construction of a dock. See MLUP #0000. PROPOSED CONSISTENCY DETERMINATION (i) The coordinating agency shall encourage and facili- tate consideration of comments received and discus- sion among the resource agencies. The coordinating agency shall determine whether there is a consensus among the resource agencies regarding a proposed consistency determination. The coordinating agency District Implementation Manual_ ,,DA-M Sept. 1988 pAGE 144 shall notify the affected coastal resource district with an approved program and the applicant on or before Day 44, or Day 24 in a 30-day review period, of the proposed determination or the issues to be resolved. The coordinating agency must develop aproposed consis- tencyfinding (or determination). (See Figure II-6for an example.) The regional staffof the resource agencies and the district must concur with the proposed consistency finding. They must also agree with any stipulations that are to be attached to the permit to ensure the project's consistency with the ACMP. District Implementation Manual DATE Sept. 1988 PACE 145, STEVE COWPER, GOVERNOR CENTRAL OFFICE OFFI[CE OF THE GOVERNOR P.O. BOX AW JUNEAU, ALASKA 99911-016S PHONE: (907) 465-3562 DIVISION OF GOVERNMENTAL COORDINATION SOUTHEAST REGIONAL OFFICE SOUTHCENTRAL REGIONAL OFFICE NORTHERN REGIONAL OFFICE 431 NORTH FRANKLIN 2600 DENALI STREET 675 SEVENTH AVENUE P.O. BOX A W. SUITE 1`01 SUITE 700 S TA TION H JUNEAU, ALASKA 99811-0165 ANCHORAGE, ALASKA 99503-2798 FAIRBANKS. ALASKA 99701-4596 PHONE: (907) 4654M PHONE: (907) 274-1581 PHONE: (907) 456-3084 Registered Mail February 26, 1988 Return Receipt Requested FIGURE 11-6 Mr. Dan S. Perkins c/o Mr. Ted Richards Halibut Cove Homer, AK 99603 Dear Mr. Perkins: SUBJECT: NOTICE OF PROPOSED CONSISTENCY DETERMINATION HALIBUT COVE 6 STATE I.D. NUMBER AX880108-OSA The Division of Governmental Coordination (DGC) has completed coordinating the State of Alaska's consistency review of your project in which you propose to moor two 10-foot by 20-foot wood and styrofoam. mariculture rafts in Halibut Cove Lagoon within the Alaksa Department of Natural Resources approved mariculture area (section 17, T. 7 S., R. 11 W., S.M.). The purpose of the project is the production and commercial sale of Blue Mussels. This proposed consistency determination applies to the following state and federal authorizations as per 6 AAC SO: 1. Alaska Department of Environmental Conservation (DEC) Certificate of Reasonable Assurance. 2. Alaska Department of Fish and Game (DFG) - Title 16 Permit. 3. Alaska Department of Natural Resources (DNR) - Special Use Permit. 4. U. S. Army Corps of Engineers (COE) - Section 10 Permit. Based on the review of your project by the Alaska Departments of Natural Resources, Environmental Conservation, and Fish and Game, the state concurs with your certification that the proposed activity is consistent with the Alaska Coastal Management Program (ACMP) provided the following stipulations are adopted. 01-A35LH Mr. Dan S. Perkins 2 February 26, 1988 Halibut Cove 6 State I.D. No. AK880108-05A The stipulation listed below will be placed on the Certificate of Reasonable Assurance issued by the DEC: 1. The rafts and nets are not to be treated with any preservatives as these toxic chemicals may be absorbed and accumulated within the shellfish, which are to be sold for human consumption. This stipulation is necessary to protect water quality and human health by preventing introduction of toxic chemicals into Halibut Cove Lagoon per 6 AAC 80.140 Air, Land, and Water Quality. The text of this standard is provided as an enclosure to this letter. The stipulations listed below will be placed on the Special Use Permit issued by the DNR/DPOR and the Title 16 Permit issued by the DFG: 1. The mariculture rafts shall be used only for the purpose of rearing and harvest of mature mussels. There shall be no dwelling constructed on the raft. There shall be no shucking or on-site processing of the mussels beyond sorting, washing, grading and packaging. 2. Prior to placing and anchoring the mussel rafts, the applicant shall meet with DNR/DPOR and DFG personnel in Halibut Cove Lagoon to identify and agree on the location of the mariculture rafts. All rafts will be sited on the eastern shore of the lagoon to minimize public access conflicts. 3. Rafts shall be sited in areas that will not impede free navigation for commercial or recreational purposes. 4. Rafts shall have no shore anchoring cables or other shore attachments. The stipulations below will be placed on the Special Use Permit issued by the DNR/DPOR: 5. The project will be reviewed two years from the issuance of the first permit to determine its impact on access to coastal waters. Coastal consistency permits may be renewed for additional terms based on the review. 6. All mariculture rafts shall be located a minimum of 450 feet from mean high water. 7. The permittee(s) shall be limited to fixed mussel rafts. Long line spat collectors are prohibited. co3/70 Mr. Dan S. Perkins 3 February 26, 1988 Halibut Cove 6 State I.D. No. AK880108-OSA Stipulation 1 is necessary to prevent degradation of marine habitat in Halibut Cove Lagoon per 6 AAC 80.130 Habitats. The text of this standard is included as an enclosure to this letter. Stipulations 2 through 7 are necessary to maintain public access to coastal water in Halibut Cove Lagoon consistent with the ACMP Recreation Standard 6 AAC 80.060. The text of this standard is provided as an enclosure to this letter. Halibut Cove Lagoon is a major destination for boat traffic that access the Kachemak Bay State Park and engage in fishing, crabbing, and clamming activities within the lagoon. In addition, the DFG operates salmon rearing pens located near the DNR/DPOR floating dock at the head of the lagoon. At times, the lagoon can be extremely crowded with boats due to its popularity with a number of different users. The majority of boat traffic moves along the western shore of Halibut Cove Lagoon to the head of the lagoon near the DNR/DPOR dock and recreational trailheads. Siting the proposed project on the eastern shore of Halibut Cove Lagoon will preclude interference with boat access within the lagoon or with access to trailheads or clamming areas. Having DNR/DPOR staff who are familiar with the specific use patterns and user destination points in Halibut Cove Lagoon approve the actual site where the proposed rafts will be anchored, as required under the first stipulation, will ensure public access in the lagoon will be maintained. In addition to the current popularity of Halibut Cove Lagoont available information suggests the level of use is increasing. In general, sport fishing activi'ty has been steadily increasing over the past several years as has the total number of visitors to the lagoon. Requests to conduct commercial activities like clamming and mussel mariculture operations are also increasing. The state is concerned that the project as currently proposed or expanded could adversely affect public access in the future. A review of project related impacts following two years of operation, as provided under Stipulation 5, will allow a better understanding of whether public access has been adversely affected by the proposed project and help to ensure future public access is maintained should the project be re-authorized or expanded. The two year period will also allow DNR/DPOR to better assess the carrying capacity of Halibut Cove Lagoon to support uses compatible with the management policies of Kachemak Bay State Park. Please contact Phil Brna at DFG 267-2284 and Roger McCampbell DNR/DPOR 235-7024 to arrange a site visit. is co3/70 Mr. Dan S. Perkins 4 February 26, 1988 Halibut Cove 6 State I.D. No. AK880108-05A Since I could not reach you by telephone, I have issued this finding as a proposed rather than a conclusive finding. Please contact me within five days of your receipt of this propo-sed finding. 0 indicate whether or not you concur with the stipulation included above. If you do concur, the finding and project approvals will be issued in final. If you are not prepared to concur within the five day period, you may either; (a) request an extension of the review schedule if more time is required to consider the findinge or (b) request "elevation" of this finding, by submitting a written statement describing your concerns and a proposed alternative consistency finding. If you do choose to elevate, I would be happy to discuss elevation procedures with you at that time. If you do not contact me within five days of your receipt of this letter, this finding will be issued in final. You are advised that in addition to the above stipulations necessary to ensure consistency with the ACMP Standards, the DNR/DPOR and DFG have developed additional special conditions for the mariculture operations in Kachemak Bay State Park and Kachemak Bay Critical Habitat Area under their individual statutory authorities in Title 38 and Title 16, respectively. These conditions are provided below for your information: DNR/DPOR Permit 1. No mussels shall be collected from state park lands and waters for commercial purposes. Free floating larvae may be collected using fixed spat collectors. (Note: A DFG scientific/educational permit must be obtained before collecting spat.) 2. All mariculture rafts shall be separated by a distance of 200 feet. 3. The state reserves the right to review and approve the structural design of the mariculture rafts. The review criteria shall be limited to the overall size, color and height of the raft above the water surface. Any such review is not intended to determine or warrant that the mariculture raft or operation is safe or in compliance with any statute or regulation. 4. No onshore structures will be permitted. Floating structures will be limited to the mariculture rafts and marking buoys. co3/70 Mr. Dan s. Perkins 5 February 26, 1988 Halibut Cove 6 State I.D. No. AK880108-05A 5. The permittee shall submit an annual report documenting. the season's activities. This report shall be used by the state to evaluate the mariculture operation's compatibility with recreation and to provide information to the visiting public. DNR/DPOR and DFG Permit: 1. The permittee shall be responsible for the removal of all structures and equipment from Kachemak Bay State Park land and waters (DNR/DPOR) and Kachemak Bay Critical Habitat Area (DFG) should mariculture activities cease or be cancelled. Removal shall be accomplished within 90 days of cessation of activities. DFG Permit: 1. The DFG Habitat Division shall be notified in writing when the rafts have been installed. Photographs of all project features must be provided with the notification. The project must be completely installed within the one year time period of this permit. For all portions of the project not installed during the permit period, a new permit or permit extension will need to be obtained. 2. An annual report which describes all mariculture related activities completed the previous year and all anticipated mariculture activities for the coming year shall be submitted to the DFG on an annual basis prior to permit expiration. This report will be used by the DFG to determine the economic and biological feasibility of the mariculture operation and its compatibility with the Kachemak Bay Critical Habitat Area. The DFG has advised us that their Fisheries Rehabilitation, Enhancement and Development (FRED) Division is establishing a permit for shellfish farms, as per HCS CSSB 297, and a Fish Transport Permit for holding and raising shellfish in conjunction with a shellfish farming operation. You will need to obtain these permits prior to operating your farm. By A copy of this letter we are informing the U. S. Army Corps of Engineers of our proposed finding. co3/70 Mr. Dan S. Perkins 6 February 26, 1988 Halibut Cove 6 State I.D. No. AK880108-05A I look forward to hearing from you within five days. Thank you for your cooperation with the ACMP. Sincerely, 4U@O)r-w@" )&J Louisa B. Rand Project Review Coordinator Enclosure cc: Sue Millington Department of Natural Resources Janetta Pritchard Department of Natural Resources Tim Rumfelt Department of Environmental Conservation Phil Brna Department of Fish and Game Sylvia Spearow Kenai Peninsula Borough Allan Skinner U. S. Army Corps of Engineers co3/70 The Experts' Advice Counts More In making the consistency finding, the coordinating agency must give "due deference" to the resource agencies and coastal districts with approved programs. Due deference means following the recommendations of the agency or district having the most expertise in a particular field. Forexample, the local district with an approved program is considered to be the "expere' on the interpretation and application of its program, while DEC would be considered the expert on water and air quality; DNR, the expert on oil and gas drilling, mining, or forestry; DFG on fish, wildlife, or habitat issues. With subsistence issues DFG might be the expert on some issues, but a local district in a remote region of Alaska would likely be the expert on many aspects of subsistence. The Preliminary Decision The coordinating agency must announce the proposed consistency determi- nation and stipulations to the resources agencies, applicant, and coastal district by Day 44 of a 50-day review or by Day 24 of a 30-day review. If the coordinating agency is not including stipulation that a district has recom- mended, the agency must discuss it with the district. The agency should also state in writing the reason(s) for rejecting the stipulation (see 6 AAC 50.120(a)). The agency must receive the district's concurrence before issuing the finding. DISAGREEMENT WITH PROPOSED CONSISTENCY DETERMINATION Q) If a resource agency, an affected coastal resource district with an approved program, or the applicant does not concur with the proposed consistency deter- mination, it may request elevation of the review by submitting a written statement which describes its concerns and includes a proposed alternative consis- tency determination which would meet its concerns. That party shall distribute this statement so that all resource agencies, affected coastal resource districts, the applicant, and DGC will receive a copy on or before Day 49, or Day 29 in a 30-day review period, or within five days after receiving notice of the proposed deter- District Implementation Manual_ ,DATE Sept. 1988 PAGE 152 mination, whichever is later. This requirement may be satisfied by transmitting the substance of the state- ment to the coordinating agency by telephone or other telecommunication device and sending written confir- mation to all parties by mail or courier on or before the deadline under this subsection. You might disagree with the proposed consistency deter- mination if it does not follow the recommendation you submitted to the coordinating agency. As afirst response, you should discuss your district's disagreement with the coordinating agency to see ifyou can reach a consensus. Ifyou cannot reach agreement, you, as a district with an approved program, may appeal, or "elevate," the pro- posal determination. The rulesfor elevating a proposed determination are outlined in the next paragraphs. Asking to Elevate for a Second (and Third) Opinion An elevation is a formal request for reconsideration of the determination. Initially, the dissatisfied party requests that the coordinating agency elevate the decision to the Directors of the resource agencies. If the party requesting the elevation (the district, agency, or applicant) is still not satisfied with the Directors' decision, they can then elevate the issues to the Commissioners of the resource agencies. The agency that coordinates the elevation has several responsibilities. It arranges any necessary meetings among the district, the resource agencies, and the applicant. The coordinating agency mediates among these parties to resolve the disputed issues and to reach a consistency determination that satisfies all concerns. Watch the Deadline for Elevations The dissatisfied party must request the elevation in writing by Day 49 of a 50- day review, or Day 29 of a 30-day review. The best way for the party to prove that he or she has met the deadline is to have the written request hand- postmarked by the required day. The party requesting elevation must distribute its request to the coordinating agency, the resource agencies, and the project applicant. District Implementation Manual DATE Sept. 1988 PAGE 153 If the dissatisfied party can't mail a written request by the respective deadline, then he or she may request the elevation by telephone or other telecommuni- cation device, such as PROFS, FAX, or telecopier. He or she still must follow up with a request in writing. If you, the district coordinator, decide to elevate, your written request must specifically describe the reason(s) you think the determination is inconsistent with the district's policies or the ACMP. In the same letter requesting the elevation, you must also propose an alternative consistency determination that would satisfy your district's concerns. In other words, this is your opportunity to tell DGC or the coordinating resource agency how yop would make the consistency determination. Use DGCs recommended format when you write your request. (See Figure 11-7.) District Implementation Manual DATE Sept. 1988 PAGE 154 FIGURE 11-7 REQUEST FOR ELEVATION OF A PROPOSED CONSISTENCY DETERMINATION (Date)* (DGC or Agency Review Coordinator) (Address) Dear SUBJECT% [Project Name (usually COE waterbody name/number)] (State I.D. Number) The (district) has reviewed the proposed consistency determina- tion issued for this project. The (district) is requesting elevation of the consistency review to the (directors/ commissioners) for further consideration. Our request is based on the following concerns. Concerns: (Specify your concerns with the proposed consistency finding. Include an explanation of why the proposed finding is not consistent with your approved coastal management program. Reference the policies of your program which are not being met.) Alternative Consistencz Determination: (Propose an alternative consistency determination which would be consistent with your approved program. Include references to specific program policies and justification for any conditions or stipulations that are included in your proposed finding.) Thank you for your consideration of this request for elevation. Sincerely, (District Staff) (Title) cc: ACMP review participants Applicant Note: This request for elevation is due to the coordinating agency within five days after you receive the proposed consisten- cy finding. Helping With an Elevation Initiated by Someone Else There are several circumstances in which you may participate in an elevation requested by an applicant or a resource agency. You may become involved if the disputed consistency determination is based on your recommendations. Or you may be involved just because you reviewed the application. As a participant in the elevation process, you will be asked to review all materials, information, maps, etc., that the applicant or resource agency wishes to be reconsidered. You will also be asked to participate in the meetings held to discuss the elevation. Because the decision reached by the Director must be consistent with your approved district program, your involvement and participation is crucial. If the disagreement is basedon yourrecommendation, you win need to be able to defend your decisions. Therefore, it is very important initially to formulate a clear consistency recommendation that is strongly supported by your policies. CONCLUSIVE CONSISTENCY DETERMINATION (k) The coordinating agency shall issue a conclusive consistency determination on or before Day 50, or Day 30 in a 30-day review period, if it has not received a request to elevate the review. If the coordinating agency receives a request, the agency shall elevate the review as necessary to the division directors, and then com- missioners of the resource agencies, and may extend the decision deadline in accordance with 6 AAC 50.110(b)(7). If the review is elevated, the coordinating agency, or DGC on request, shall arrange meetings and shall mediate among the resource agencies, the affected coastal resource districts with approved pro- grams, and the applicant, for the purpose of attempt- ing to resolve any disputed issues and to formulate a mutually acceptable consistency determination. If no consensus is reached, the coordinating agency shall render a determination consistent with any policy direction given by the comn-dssioners or the governor. (Eff. 3/11/84, Reg. 89) Authority: Art. III, Secs. 1, 16 and 24, Alaska Const. AS 44.19.145(a)(11). District Implementation Manual DATE Sept. 1988 PAGE 156 Ifno elevation has been requested, afinal or "conclusive" consistency determination is issuedon orbeforeDay50 of a50-day review, oronorbeforeDay30qfa3O-day review. The conclusive consistency determination is issued either by DGC or by the resource agency, depending on who is coordinating the review. If an elevation has been requested, the coordinating agency waits to issue a conclusive consistency determina- tion until all elevation actions are completed. If the district, agency representatives, and the applicant simply can't agree, then the coordinating agency will break the stalemate and issue a conclusive consistency determina- tion based on a policy decision made by the Commission- ers or the Governor. What Does a Conclusive Consistency Determination Look Like? The consistency determination will include the following information: the name and identification number of the project-, a decision (called a finding) whether a project is consistent or inconsistent with district coastal policy and the ACMP; a list of conditions (if any) necessary to make the project consistent; a list of any stipulations (based on the conditions that will make the project consistent), and an indication of which permit will carry the stipulations; list of state and/or federal permits to which the consistency determi- nation applies; and any non-consistency related comments. Figure 11-8 is an'example of a final consistency determination. District Implementation Manual DATE Sept. 1988 PAGE 157 STEVE COWPER, GOVERNOR AVE OF @L@SK@ CENTRAL OFFICE O"WE Off THE GOVERNOR P.O. Box AW JUNEAU, ALASKA 9NII-0165 PHONE: (907) 465-3562 DIVISION OF GOVERNMENTAL COORDINA TION souTHEAST REGIONAL OFFICE SOUTMCENTRAL REGIONAL OFFICE NORTHERN REGIONAL OFFICE 431 NORTH FRANKLIN 2600 DENAU STREET 675 SEVENTH AVENUE P.O. BOX AW. SUITE 101 SUITE 7W S TA TION H JUNEAU, ALASKA 99811-0165 ANCHORAGE, ALASKA 99503-2798 FAIRBANKS. ALASKA 99701-4596 PHONE. (907) 46&3M PHONE: (W7) 274-1581 PHONE: (907) 456-3084 Registered Mail March 71 1988 Return Receipt Requested FIGURE n-8 Mr. Dan S. Perkins c/o Mr. Ted Richards Halibut Cove Homer, AK 99603 Dear Mr. Perkins: SUBJECT: NOTICE OF CONCLUSIVE CONSISTENCY DETERMINATION HALIBUT COVE 6 STATE I.D. NUMBER AK880108-05A The Division of Governmental Coordination (DGC) has completed coordinating the State of Alaska's consistency review of your project in which you propose to moor two 10-foot by 20-foot wood and styrofoam mariculture rafts in Halibut Cove Lagoon within the Alaksa Department of Natural Resources approved mariculture area (section 17, T. 7 S., R. 11 W., S.M.). The purpose of the project is the production and commercial sale of Blue Mussels. On February 26, 1988, DGC issued you a proposed consistency determination. Our records show that you received that letter on March 1, 1988, and therefore the five days that were provided for your response have passed. Pursuant to the Alaska Coastal Management Regulations, 6 AAC 50, DGC is required to issue this finding in conclusive form today. This conclusive consistency determination applies to the following state and federal authorizations as per 6 AAC SO: 1. Alaska Department of Environmental Conservation (DEC) Certificate of Reasonable Assurance. 2. Alaska Department of Fish and Game (DFG) - Title 16 Permit. 3. Alaska Department of Natural Resources (DNR) - Special Use Permit. 4. U. S. Army Corps of Engineers (COE) - Section 10 Permit. 01-A35LH Mr. Dan S. Perkins 2 March 7. 1988 Halibut Cove 6 State I. D. No. AX880108-05A Based on the review of your project by the Alaska Departments of Natural Resources, Environmental Conservation, and Fish and Game, the state concurs with your certification that the_proposed activity is consistent with the Alaska Coastal Management Program (ACMP) provided the following stipulations are adopted. The stipulation listed below will be placed on the Certificate of Reasonable Assurance issued by the DEC: 1. The rafts and nets are not to be treated with any preservatives as these toxic chemicals may be absorbed and accumulated within the shellfish, which are to be sold for human consumption. This stipulation is necessary to protect water quality and human health by preventing introduction of toxic chemicals into Halibut Cove Lagoon per 6 AAC 80.140 Air, Land, and Water Quality. The text of this standard is provided as an enclosure to this letter. The stipulations listed below will be placed on the Special Use Permit issued by the DNR/DPOR and the Title 16 Permit issued by the DFG: 1. The mariculture rafts shall be used only for the purpose of rearing and harvest of mature mussels. There shall be no dwelling constructed on the raft. There shall be no shucking or on-site processing of the mussels beyond sorting, washing, grading and packaging. 2. Prior to placing and anchoring the mussel rafts, the applicant shall meet with DNR/DPOR and DFG personnel in Halibut Cove Lagoon to identify and agree on the location of the mariculture rafts. All rafts will be sited on the eastern shore of the lagoon to minimize public access conflicts. 3. Rafts shall be sited in areas that will not impede free navigation for commercial or recreational purposes. 4. Rafts shall have no shore anchoring cables or other shore attachments. The stipulations below will be placed on the Special Use Permit issued by the DNR/DPOR: 5. The project will be reviewed two years from the issuance of the first permit to determine its impact on access to coastal waters. Coastal consistency permits may be renewed for additional terms based on the review. co3/101 Mr. Dan S. Perkins 3 March 7. 1988 Halibut Cove 6 State 1. D. No. AK880108-OSA 6. All mariculture rafts shall be located a minimum of 450 feet from mean high water. 7. The permittee(s) shall be limited to fixed mussel rafts. Long line spat collectors are prohibited. Stipulation 1 is necessary to prevent degradation of marine habitat in Halibut Cove Lagoon per 6 AAC 80.130 Habitats. The text of this standard is included as an 'enclosure to this letter. Stipulations 2 through 7 are necessary to maintain public access to coastal water in Halibut Cove Lagoon consistent with the ACMP Recreation Standard 6 AAC 80.060. The text of this standard is provided as an enclosure to this letter. Halibut Cove Lagoon is a major destination for boat traffic that access the Kachemak Bay State Park and engage in fishing, crabbing, and clamming activities within the lagoon. In addition, the DFG operates salmon rearing pens located near the DNR/DPOR floating dock at the head of the lagoon. At times, the lagoon can be extremely crowded with boats due to its popularity with a number of different users. The majority of boat traffic moves along the western shore of Halibut Cove Lagoon to the head of the lagoon near the DNR/DPOR dock and recreational trailheads. Siting the proposed project on the eastern shore of Halibut Cove Lagoon will preclude interference with boat access within the lagoon or with access to trailheads or clamming areas. Having DNR/DPOR staff who are familiar with the specific use patterns and user destination points in Halibut Cove Lagoon approve the actual site where the proposed rafts will be anchored, as required under the first stipulation, will ensure public access in the lagoon will be maintained. In addition to the current popularity of Halibut Cove Lagoon, available information suggests the level of use is increasing. In general, sport fishing activity has been steadily increasing over the past several years as has the total number of visitors to the lagoon. Requests to conduct commercial activities like clamming and mussel maricult -ure operations are also increasing. The state is concerned that the project as currently proposed or expanded could adversely affect public access in the future. A review of project related impacts following two years of operation, as provided under Stipulation 5, will aLlow a better understanding of whether public access has been adversely affected by the proposed project and help to ensure future public access is maintained should the project be re-authorized or expanded. The two year period will also allow DNR/DPOR to better assess the carrying capacity of Halibut Cove Lagoon to support uses compatible with the management policies of Kachemak Bay State Park. co3/101 Mr. Dan S. Perkins 4 March 7, 1988 Halibut Cove 6 State 1. D. No. AK880108-05A Please contact Phil Brna at DFG 267-2284 and Roger McCampbell DNR/DPOR 235-7024 to arrange a site visit. You are advised-that in addition to the above stipulations necessary to ensure consistency with the ACMP Standards, the DNR/DPOR and DFG have developed additional special conditions for the mariculture operations in Kachemak Bay State Park and Kachemak Bay Critical Habitat Area under their individual statutory authorities in Title 38 and Title 16, respectively. These conditions are provided below for your information: DNR/DPOR Permit 1. No mussels shall be collected from state park lands and waters for commercial purposes. Free floating larvae may be collected using fixed spat collectors. (Note: A DFG scientific/educational permit must be obtained before collecting spat.) 2. All mariculture rafts shall be separated by a distance of 200 feet. 3. The state reserves the right to review and approve the structural design of the mariculture rafts. The review criteria shall be limited to the overall size, color and height of the raft above the water surface. Any such review is not intended to determine or warrant that the mariculture raft or operation is safe or in compliance with any statute or regulation. 4. No onshore structures will be permitted. Floating structures will be limited to the mariculture rafts and marking buoys. 5. The permittee shall submit an annual report documenting the season's activities. This report shall be used by the state to evaluate the mariculture operation's compatibility with recreation and to provide information to the visiting public. DNR/DPOR and DFG Permit: 1. The permittee shall be responsible for the removal of all structures and equipment from Kachemak Bay State Park land and waters (DNRIDPOR) and Kachemak Bay Critical Habitat Area (DFG) should mariculture activities cease or be cancelled. Removal shall be accomplished within 90 days of cessation of activities. co3/101 Mr. Dan S. Perkins 5 March 7, 1988 Halibut Cove 6 State I. D. No. AK880108-05A DFG Permit: 1. The DFG Habitat Division shall be notified in writing when the rafts have been installed. Photographs of all project features must be provided with the notification. The project must be completely installed within the one year time period of this permit. For all portions of the project not installed during the permit period, a new permit or permit extension will need to be obtained. 2. An annual report which describes all mariculture related activities completed the previous year and all anticipated mariculture activities for the coming year shall be submitted to the DFG on an annual basis prior to permit expiration. This report will be used by the DFG to determine the economic and biological feasibility of the mariculture operation and its compatibility with the Kachemak Bay Critical Habitat Area. This conclusive consistency determination represents a consensus reached between you and the project applicant and the reviewing agencies listed above as provided for under 6 AAC 50.070(k) regarding the conditions necessary to insure the consistency of the proposed project activities with the ACMP Standards. If changes to the proposal as authorized by this finding are made during its implementation, you are required to contact this office to determine if a review of the revision is necessary. The state reserves the right to enforce compliance with this conclusive consistency determination if the actual use differs from the approved use contained in the project description. If appropriate, the state may amend the state approvals listed in this conclusive consistency determination. The DFG has advised us that their Fisheries Rehabilitation, Enhancement and Development (FRED) Division is establishing a permit for shellfish farms, as per HCS CSSB 297, and a Fish Transport Permit for holding and raising shellfish in conjunction with a shellfish farming operation. You will need to obtain these permits prior to operating your farm. By a copy of this letter we are informing the U. S: Army Corps of Engineers of our conclusive finding. co3/101 Mr. Dan S. Perkins 6 March 7. 1988 Halibut Cove 6 State I. D. No.-AK880108-05A Thank you for your cooperation with the ACMP. Sincerely, -4@@ - VJ Loul'sa B. Rand Project Review Coordinator Enclosure cc: Sue Millington Department of Natural Resources Janetta Pritchard Department of Natural Resources Tim Rumfelt Department of Environmental Conservation Phil Brna Department of Fish and Game Sylvia Spearow 0 Kenai Peninsula Borough Allan Skinner U. S. Army Corps of Engineers 0 co3/101 CONFIDENTIAL INFORMATION 6 AAC 50.080. CONFIDENTIAL INFORMATION AND FEES. An application for a state permit requir- ing information which must by law be held in confiL dence, and any fee associated with a state permit, must be submitted by the applicant directly to the agency with responsibility for issuing the permit. The agency shall delete the confidential information from any copy of the application which is distributed for a consistency review under this chapter. (Eff. 3/11/84, Reg. 89) Authority: Art. III, Secs. 1, 16 and 24, Alaska Const. AS 44.19.145(a)(11) In somepermit reviews', the applicant is required to submit confidential information to the state. For example, an applicationfor a seismic operation might include maps with actual seismic lines drawn on them. Other parties could directly benefitfrom knowing the location of these lines. In such a case, only the agency responsible for issuing permits for seismic operations would review the maps. The agency would withhold any information iden- tified as confidential from public notices and from the distribution packet. EMERGENCY EXPEDITED REVIEW 6 AAC 50.090. EMERGENCY EXPEDITED REVIEW. If, due to an emergency as described in AS 26.23 or AS 46.04.080 or other applicable law, an applicant needs an expedited agency permit or consistency review, or if the head of the coordinating agency rinds that an expedited review is necessary for the preservation of the public peace, health, safety, or general welfare, the head of the coordinating agency may modify the re- view process established in this chapter as necessary to meet the emergency. Any modifications in the review process made under this section must be made in District Implementation Manual DATE Sept. 1988 PAGE 164 writing by the head of the coordinating agency, based upon clear and convincing evidence of a need for the modification. (Eff. 3/11/84, Reg. 89) Authority: Art. III, Secs. 1, 16 and 24, Alaska Const. AS 44.19.145(a)(11) When emergency situations arise, the Director or Com- missioner of the coordinating agency may shorten the consistency review process. He or she must explain the modifications of the process in writing. You'll Be Asked for a Fast Response A fast-track review doesn't mean you'll be left behind! If a coordinating agency decides to shorten a review, the agency will usually contact all resource agencies and affected districts to ensure that they can comment on the project within the shortened review period. A conscientious applicant who wants to have a project reviewed under the emergency expedited review process can help to compensate for the rush by calling the resource agencies and the affected district directly to explain the circumstances of the review. Because of its emergency nature, the entire review process is often conducted either over the phone or over PROFS. PUBLIC HEARINGS 6 AAC 50.100. PUBLIC PARTICIPATION (a) Any person may comment on a proposed project by sub- mitting written comments to the coordinating agency on or before the comment deadline. The coordinating agency shall provide a copy of the project packet to any person on request. (b) If the coordinating agency receives a request for public hearing regarding a project by Day 34, or Day 17 of a 30-day review period, and finds that the request is based on concerns not already adequately addressed in the review, the coordinating agency shall schedule and hold a hearing in the area affected by the project. District Implementation Manual DATE Sept. 1988 PAGE 165 (c) Within seven days after receiving a request under (b) of this section, the coordinating agency shall decide whether or not to hold a public hearing. (d) At least 15 but no more than 30 days before the date of a public hearing, the coordinating agency shall give notice of the time and place of the hearing (1) by publication in a newspaper which is circu- lated in the area to be affected by the project; (2) by written notice to the governing body of an affected coastal resource district; and (3) if the project is to be located in the unorganized borough, by radio or television announcements. (e) If new information or issues are presented at a public hearing that have not been considered or re- solved by project reviewers, the coordinating agency shall summarize those portions of the hearing testi- mony and distribute the summary to other resource agencies, affected coastal resource districts, and the applicant, within five days following the hearing. Recommendations for a proposed determination based on the summary may be submitted to the coordinating agency in writing within seven days after receipt of the summary. (Eff. 3/11/84 Reg. 89) Authority: Art. M, Secs. 1, 16 and 24, Alaska Const. AS 44.19.145(a)(11). To requestapublic hearing on a project, you must contact the coordinating agency by the last day of the public commentperiod. ThatmeansDay 17ofthe3O-day review, or by Day 34 of the 50-day review. The coordinating agency will only schedule a hearing if it is necessary to consider issues which have not yet been adequately ad- dressed during the review. District Implementation Manual DATE Sept. 1988 PAGE 166 How to Spread the Word The coordinating agency must decide whether or not to hold a public hearing within seven days of your request. If it schedules a hearing, the agency notifies the public at least 15 days but not more than 30 days before the scheduled date. The coordinating agency publishes notice of the hearing in a local or statewide newspaper. The coordinating agency also sends a written notice to the local governing body, such as the borough assembly, city council, or CRSA board. For a proposed project in the unorganized borough, the coordinating agency will publicize the hearing over the local radio or television station. If new information arises at the hearing, the coordinating agency will send, within five days, an update to you and to the other project reviewers. If you wish to make additional comments based on this new information, it is best to submit them in writing to the coordinating agency. You'll have seven days after the hearing is held to send new comments. DEADLINES AND EXTENSIONS FOR CONSISTENCY REVIEWS 6 AAC 50.110. REVIEW PERIOD DEADLINES AND EXTENSIONS. (a) The coordinating agency shall complete a review by either Day 30 or Day 50 unless it extends the applicable decision deadline as provided in (b) or (c) of this section. Each resource agency shall, after consultation with DGC, establish standards for determining whether a 30-day or 50-day decision deadline will apply. DGC will complete a review by Day 30 only if all required permits must by statute or regulation be issued within 30 days. Consistency reviews must typically be completed on a 30- or 50-day schedule. The statute does provide several opportunities for extending the timeframe for project's review. DGC will use a 30-day review timeframe only if all the permits required by the proposed project can also be issued within 30 days. District Implementation Manual DATE Sept. 1988 PAGE 167 REASONS FOR EXTENSIONS (b) An associate director within OMEB or a division director within the coordinating agency may grant an extension of a consistency review as long as the consis- tency determination is made within any time limit imposed by federal law or regulation. An extension and the reasons for it must be stated in writing and, except for an extension granted under (1) of this sub- section, must be based on clear and convincing evi- dence of the need for the extension. The coordinating agency will notify the resource agencies, applicant, and affected coastal resource districts of the terms of an extension. The limits on extensions are (1) for a project located in the unorganized bor- ough, the coordinating agency may, without a request, extend both the comment and decision deadlines by 10 days; .(2) if a commenting agency requests time to per- form a field review, the coordinating agency may extend the remaining deadlines by up to 10 days; (3) if the project involves a disposal of interest in state land or resources and DGC is the coordinat- ing agency, it will, on DNR's request, extend both the comment and decision deadlines for a period necessary to most efficiently coordinate the consis- tency review and the DNR disposal process; (4) for a project which is subject to the Surface Mining Control and Reclamation Act of 1977, P.L. 95-879 91 Stat. 445 (1977) 30 U.S.C. $ 1201 et seq., the consistency review deadlines will be extended as necessary to conform to the requirements of that Act and of the Alaska Surface Mining Control and Reclamation Act, AS 27.21; (5) if a public hearing is held as part of the consis- tency review process, or as part of a resource District Implementation Manual ,.DATE Sept. 1988 pAGE 168 agency review of a necessary permit, the coordinat- ing agency may extend both the comment and decision deadlines as necessary; (6) if the coordinating agency requests additional information from the applicant as provided in 6 AAC 50.070, the agency may extend the remaining deadlines for a period equal to the time elapsed between the request and receipt of the information; (7) if the coordinating agency determines that a consensus among the resource agencies, any af- fected coastal resource district, and the applicant cannot be reached within a 50-day review period, it shall state in writing the issues or conditions which require additional time for review, and may extend the remaining deadlines for up to 15 days for each higher level of review provided in 6 AAC 50.070(k); (8) if the applicant requests an extension, the coor- dinating agency may extend the remaining dead- lines as requested; (9) if the coordinating agency determines that the project involves unusually complex issues, it may extend the deadlines as necessary; if the deadline is extended under this paragraph, the agency shall by Day 50, or Day 30 of a 30-day review period, distribute to the resource agencies, the affected coastal resource districts, and the applicant, a written statement of the issues which remain to be resolved; the coordinating agency shall notify all interested parties promptly as issues are resolved. How Much More Time is Allowed? There are nine reasonsfor lengthening the consistency review beyond the standard 30- or 50-day period. They are: District Implementation Manual -DATE Sept. 1988 PAGE 169 Reason Extension Perio 1) Project is located in the 10 days unorganized borough 2) A commenting agency 10 days requests afield review 3) Disposal of state land or as needed interests 4) Certain mining projects as needed 5) Public hearing is required as needed 6) Coordinating agency requests number of additional informationfrom days needed applicant to receive additional information 7) Elevation(s) to director and 15 daysfor commissioner levels eachlevel 8) Applicant requests extension as applicant requests 9) Complex project as needed Common Requests For Extensions The types of extensions districts most commonly request are: � Ten-day extensions for reviewing projects within unorganized bor- oughs. This extension is not automatically given. � Additional time to receive and review information requested of the applicant. It is sometimes necessary for the coordinating agency to extend the review so that the applicant can supply you or the resource agencies with additional District Implementation Manual_ DA-M SePt. 1988 PAGE 170 information. You can avoid a need for an extension by asldng for information directly from the applicant as early in the process as possible. Remember this important rule of thumb: halfway points in both the 30-day and 50-day review calendars are the last days you can request more data. Getting in Step with Local Government Schedules A district which is implementing local land management regulations that require final approval from a planning commission, assembly, city council, or other local review body, may have difficulty meeting the deadlines of a 30- or 50-day review period. If the local review process requires a public hearing, such as a hearing in front of the planning commission, the district may request an extension of the review period from the coordinating agency. If local permitting processes are expected to conflict routinely with the 30- and 50-day state review process, the district and DGC should work out an agreeable schedule, in writing, and in consultation with the resource agencies. You may also consider altering local procedures so that the local review timeframe coincides with that of the state. COUNTING DAYS (c) All time periods in this chapter must be calculated using calendar days. An action required to be taken on a Saturday, Sunday, or state or federal holiday must be taken on or before the next working day. (Eff. 3/11/84 Reg. 89) Authority: Art. IH, Secs. 1, 16 and 24, Alaska Const. AS 44.19.145(a)(11). Ev= Day is a Calendar Day All time is measured in calendar days. When a decision deadlinefalls on a Saturday, Sunday, or state orfederal holiday, the deadline is pushed back to the next working day. For example, when a decision deadline falls on a Saturday, the decision mustbemade by oron thefollowing Monday. District Implementation Manual DATE Sept. 1988 PAGE 171 CONCLUSIVE CONSISTENCY DETERMINATIONS 6 AAC 50.120. CONCLUSIVE CONSISTENCY DETERMINATION. (a) In rendering a conclusive consistency determination, the coordinating agency shall give careful consideration to all comments and shall give due deference to the comments of resource agencies and affected coastal districts with approved programs. Due deference means that deference which is appropriate in the context of the commenter's exper- tise and area of responsibility, and all the evidence available to support any factual assertions. A coastal resource district whose district program has been incorporated into the ACMP is considered to have expertise in the interpretation and application of its program. If the coordinating agency rejects a stipula- tion or recommendation requested by a commenting resource agency or affected coastal resource district with an approved program, within its respective area of expertise, the coordinating agency shall make a ritten finding stating the reasons for rejecting the stipulation. (b) The coordinating agency shall render a written conclusive consistency determination before the deci- sion deadline under 6 AAC 50.070 or 6 AAC 50.110. The agency shall distribute its determination to the applicants and to all resource agencies, all other agen- cies which commented on the project, and all affected coastal resource districts. The determination must describe the scope of the project which was reviewed. If the project is determined to be consistent with the ACMP, the determination must state any conditions or stipulations and must identify the state or federal permits in which each stipulation must be included to ensure that the project is consistent with the ACMP. If a resource agency is the coordinating agency, it may include the determination in its approval or denial of each permit required for the project. (Eff. 3/11/84, Reg. 89) Authority: Art. III, Secs. 1, 16 and 24, Alaska Const. AS 44.19.145(a)(11). District Implementation Manual DATE Sept. 1988 PAGE 172 Conclusive, orfinal, consistency determinations are dis- cussed in detail as part of the explanation of 6 AAC 50.070(k). "Due deference" is discussed as part of the explanation of 6 AAC 50.070(i). ISSUANCE OF PERMITS 6 AAC 50.130. ISSUANCE OF PROJECT PERMITS. A resource agency shall issue a permit which is neces- sary for a project, except a lease, within rive days after it issues or receives the conclusive consistency determi- nation for that project, unless the commissioner of that agency finds that additional review is necessary to fulfill statutory responsibilities. A resource agency shall issue a lease at the time and in the manner provided by applicable law, regulation, and agency procedure, but not before it issues or receives a conclu- sive consistency determination for the appropriate project. For a project which is deemed consistent by either categorical approval of all necessary permits or a general concurrence determination, an agency shall issue a required permit as soon as possible in the time and manner prescribed by applicable statutes or regu- lations. A project permit must contain any applicable conditions or stipulations required by the conclusive consistency determination, and may not contain any additional condition or stipulation for the sole purpose of ensuring consistency. (Eff. 3/11/84, Reg. 89) Authority: Art. III, Secs. 1, 16 and 24, Alaska Const. AS 44.19.145(a)(11). Agencies Must Issue Permits Pro=fly After ConsLstency Determination A resource agency must issue its permit(s)for the project withinfive days after thefinal consistency determination is made, unless the agency needs more time to meet its other statutory requirements. Thisfive-day requirement does not apply to issue of leases. The resource agency District Implementation Manual DATE Sept. 1988 PAGE 173 must wait to issue a lease until it receives or makes the conclusive consistency determination. Forprojects which are categorically consistent or gener- ally concurrent, resource agencies should issue all neces- sarypermits as soon aspossible (see 6 AAC 50.050 (e)for a detailed explanation of these projects). Finally, all permit conditions or stipulations intended to address consistency must be included in the conclusive consistency determination. District Implementation Manual DATE Sept. 1988 pAGF- 174 I Role of State and Federal Agencies L Role of State and Federal Agencies Earlier sections of this chapter have described many of the coastal manage- ment responsibilities of state and federal resource agencies. However, the role of state and federal agencies may not be clear to readers who skimmed and browsed through various sections. That's fine! Readers should use this manual "cookbook style": looking up a "recipe" or solution as particular needs arise, rather than reading through this manual paragraph by paragraph. For your easy reference, we have compiled this separate section on the role of state and federal agencies in the consistency review process. At the same time you are reviewing a project for consistency with your district coastal management program, all state resource agencies and some federal resource agencies will be conducting a similar review. As mentioned in the discussion of review standards, if you have an approved district program, each agency will review the proposed project using your district policies as well as the ACMP standards. If you do not yet have an approved district program, the agencies will review the project using just the ACMP standards. THE ROLE OF STATE AGENCIES Key points to remember: � All the activities of state agencies must be consistent with the ACMP, including land disposal, permitting, and other regulatory activities. � A state resource agency coordinates consistency reviews only for projects which require a permit or permits from that agency and no other. DGC will coordinate the rrview whenever a project requires permits from more than one state agency or from a federal agency. � All state resource agencies (DFG, DEC, and DNR) participate in consistency reviews coordinated either by DGC or by other resource agencies. They usually participate in these steps: a. Pre-application. Usually, all state resource agencies are invited to the pre-application meetings with the applicant. Federal resource agencies and the district representative may also attend pre- application meetings. District Implementation Manual DATE Sept. 1988 PAGE 175 b. Comments. Each state resource agency reviews projects for consistency with all ACMP standards or district policies. How- ever, the coordinating agency gives each state resource agency (as well as the district) due deference in its area of expertise. This means the agency's comments about a specialized subject are given greater weight than the comments from otherreviewers. For example, DEC may receive due deference for air and water quality issues, while DFG may receive due deference for salmon and caribou issues, while DNR may receive due deference for oil and gas or mining issues. c. Forming Consistency Consensus. Each state resource agency is involved in reaching agreement on whether a proposed project is consistent with either the ACMP standards or a district's policies. When state resource agencies reach a consensus with DGC and the district, then DGC issues the consensus consistency determi- nation. d. Elevations. A state resource agency can request that the coordi- nating agency elevate the proposed consistency determination. (See explanation 6 AAC 50.0700).) State agencies also answer questions from other agencies, coastal districts or applicants during consistency reviews. They may provide technical expertise on the following coastal resource issues: Alaska Department of Fish and Game (DF&G) � conservation of waters used by anadromous fish; � recreational, commercial, and subsistence use of fish and wildlife; � research, management and enhancement of fish and wildlife; and � conservation of legislatively-designated state game refuges, critical habitats, and game sanctuaries. Alaska Department of Environmental Conservation (DEC) - * protection of the public health and environment; District Implementation Manual DATE Sept. 1988 PAGE 176 & conservation and maintenance of air and water quality; 0 assurance of proper management and disposal of solid waste and wastewater; and 0 control of oil pollution and response to oil and hazardous substance spins. Alaska Department of Natural Resources (DNR) � use, development, and conservation of energy minerals; � use, development, and conservation of other minerals; � use, development, and conservation of materials (e.g., sand and gravel); � development of transportation needs associated with resource devel- opment; � use, development, and conservation of all lands and waters belonging to the state; � use, development, and conservation of all forest resources; � development of residential or recreational settlements; � management of historic, prehistoric, and archaeological resources; � management of state park land; and � development of agricultural activities. Alaska Department of Transportation and Public Facilities (DOT&PF) 0 capital projects with statewide, interregional, and interdistrict uses impacting the state's transportation system. These include highways, roads, trails, railroads, pipelines, airports (for land and seaplanes), the Marine Highway System (ferries, docks, piers, and terminals), boat docks, and harbors. District Implementation Manual DATE Sept. 1988 PAGE 177 THE ROLE OF FEDERAL AGENCIES Key things to keep in mind are: � All federal actions which affect Alaska's coastal zone, such as issuance of permits, federal agency activities, and Outer Continental Shelf exploration and development activities, must be consistent with ACMP standards and with approved district coastal policies to the maximum extent practicable. � Federal resource agencies may comment as part of a pmject's consis- tency review. If they want to comment, they usually send represen- tatives to the pre-application meeting. Their con-unents are only advisory. DGC or other coordinating agencies may consider federal agencies' advice, but are not bound to follow it. Federal agency areas of expertise and interest are: United States Army Corps of Engineers (COE) � identification of water-related and water-dependent uses; � construction of bridges, causeways, dams and dikes, and the obstruc- tion of navigable waters, all subject to Sections 9 and 10 of the Rivers and Harbors Act; � development of artificial islands or fixed structures on the Outer Continental Shelf requiring permits under Section 4(F), Outer Conti- nental Shelf Lands Act and Amendment; � discharge into navigable waters and wetlands requiring a Section 404 permit under the 1972 Federal Water Pollution Control Act. United States Environmental Protection Agency (EPA) discharge of pollutants into navigable waters and wetlands requiring a permit under Section 402 of the 1972 Federal Water Pollution Control Act; District Implementation Manual DATE Sept. 1988 pAGE 178 � disposal of sewage sludge requiring a permit under Section 405 of the 1972 Federal Water Pollution Control Act; and � air pollution standards either for new sources, or waivers of compli- ance (allowing extensions) for existing uses to meet air quality standards under Section 112(c)(1) of the 1972 Clean Air Act. United States Fish and Wildlife Service (FWS) 0 wetlands; 0 migratory bird species; and 0 endangered bird species. National Marine Fisheries Service (NMFS) marine mammals such as whales, walrus, seals, and polar bears. District Implementation Manual DATE Sept. 1988 PAGE 179 I 0 0 District Implementation Manual- 0 DATE Sept. 1988 pAGF- IL80 .J& - kk,@ *a C% CL CL 4@ 4 r" L M .5; rA 4@ 0 0 1 III - Assisting the Applicant @4 CHAPTER III ASSISTING THE APPLICANT Introduction One of the rewards for a district coordinator is the satisfaction of helping an applicant, one-on-one, to navigate through the systemof permits andreviews. When a local resident proposes a project, he or she is likely to come to you, in person, for help and explanation. You can provide help on large corporate projects, too, even if you never see or meet the project applicant. Large projects that require numerous permits or that may be controversial in nature will benefit if you closely coordinate with the applicant and the reviewing agencies. Because you can provide information to the applicant and simplify the local review process, you can Emit delays and frustration for all involved in the review process. District Implementation Manual DATE Sept. 1988 PAGE 181 I 0 0 I District Implementation Manual - 0 DATE Sept. 1988 PAGE 182 Providing Providing Information To the Applicant The simplest, and most important, method of assisting the applicant is to provide him or her with information about the district's coastal management program and its policies. This will help the applicant understand whether the proposed project is in conformance with the district's goals and policies. It will also help the applicant foresee any conflicts between what he or she wants to do, the district's position, and the public's reaction. You can also be very helpful in explaining the state and local consistency review process to the applicant. A clear explanation should include: � a list of materials the applicant must submit; � the steps that the applicant, the district, and the agencies take along the way; and � how long it will take to get a consistency determination. You may also assist the applicant by suggesting that he or she contact DGC for more information, and by providing the names and phone numbers of the appropriate DGC contacts (from Appendix B). Another way to help appli- cants is to have them fill out the coastal project questionnaire (CPQ) with you to identify other permits that are likely to be required. It is included as Appendix D. Again, you can provide names of agency people for applicants to contact as they proceed. Existing Information DGC has developed several brochures that describe the Alaska Coastal Management Program and the coastal consistency review process. They are: � THE ALASKA COASTAL MANAGEMENT PROGRAM- How it works for Alaskans � HOW TO APPLY FOR PERMITS IN ALASKAS COASTAL ZONE Copies are provided in the back pocket of this manual. You can request additional copies from DGC to distribute to the public in your district. District Implementation Manual DATE Sept. 1988 PAGE 183 Developing New Information You and your district can assist applicants by writing a brochure with the following information: � general description of district, including goals and boundaries; � names and phone numbers of the coastal coordinator and the local area resource agency representatives; and � an explanation of the coastal consistency process, especially local review procedures and local permit requirements. Several districts have already developed brochures and booklets to assist the applicant. The Bering Straits and Bristol Bay CRSAs have developed user guides which explain the district coastal management programs and the people involved. The Cefialiulfift CRSA has developed a brochure that is included as Example 4 in Chapter 1, along with the Bristol Bay CRSA user guide (Example 7). District Implementation Manual DATE Sept. 1988 pAGE 184 I--- Simplifying the Consistency Rev*c%i*A@, L Simplifying the Consistency Review When you assist applicants with the action they have to take to earn project approval, you may prevent frustration and delay for the applicant and all those involved in the review. This is especially true in CRSAs and communities where applicants don't have easy access to permitting agencies. Your assistance can include: � pointing them to DGC staff for help in the consistency review process; � providing applicants with a copy of the CPQ; � assisting them to fill out the CPQ; � coordinating with agencies and applicants to obtain additional infor- mation they (or you) may need; � encouraging and attending pre-application conferences or teleconfer- ences;and � coordinating local permit review processes (land use permits, build- ing permits, conditional uses, etc.) to coincide with the state's consis- tency review process. District Implementation Manual DATE Sept. 1988 PAGE 185 I 0 0 District Implementation Manual DATE Sept. 1988 pAGE 186 j 0=4 Ali@ I 12 0 rA rA W q 19AI, CHAPTERIV GLOSSARY The definitions in bold are taken directly from Alaska statutes and regulations. Those in standard typeface derive from other sources or are additional commentary. 66A@ "B". and "C"Lists - used to refer activities listed in Parts A, B, and C, respectively, of a document titled "Classification of State Agency Approvals under 6 AAC 50.050." Activities listed under Part A (the "A" list) are automatically deemed consistent with the ACMP and do not require an individual consistency review nor any new restrictions on how the activity is undertaken. Activities listed under Part B (the "B" list) are regarded as generally consistent with the ACMP, pro- vided they are conducted in accordance with the standard stipulations included in the "B" list. Activities on the "C" list require an individual consistency review. ACMP - the Alaska Coastal Management Program, as amended, which was developed as provided in Alaska Statutes (AS) 46.409 6 AAC 80, and 6 AAC 85, and approved by the Secretary of the United States Department of Commerce under authority of Sec. 305 of the Coastal Zone Management Act of 1972, as amended, 15 U.S.C. S1454. The ACMP includes the standards and guidelines incorpo- rated in 6 AAC 80 and 6 AAC 85, as well as the content of approved district coastal management programs. Adverse impacts or effects - negative or detrimental effects. Affected coastal resource district - a coastal resource district (as defined in AS 46.40.210(2)) in which a project is proposed to be located or which may experience direct and significant impacts (to its coastal resources) from a proposed project. A project outside of a particular district can affect the district's resources. Approved district program - a coastal resource district program that has been approved by the Alaska Coastal Policy Council and riled by the lieutenant governor9s office. Area which merits special attention, commonly referred to as AMSAs - a delineated geographic area within the coastal area which is sensitive to change or alteration and which warrants special District Implementation Manual DATE Sept. 1988 PAGE 187 management for several reasons: because of plans or commitments; because a claim on the resources within the area deline- ated would preclude subsequent use of the resources to a conflicting or incompatible use; because of the area's value to the general public requires that the area be identified for current or future planning, protection, or acquisition. These areas, subject to council definition of criteria for their identification, include: (A) areas of unique, scarce, fragile or vulnerable natural habitat, cultural value, historical significance, or scenic importance; (B) areas of high natural productivity or essential habitat for living resources; (C) areas of substantial recreational value or opportunity; (D) areas where development of facilities is dependent upon the utilization of, or access to, coastal waters; (E) areas of unique geologic or topographic significance which are susceptible to industrial or commercial development; (F) areas of significant hazard due to storms, slides, floods, erosion or settlement; and (G) areas needed to protect, maintain, or replenish coastal land or resources, including coastal flood plains, aquifer recharge areas, beaches and offshore sand deposits; (H) areas important for subsistence hunting, fishing, food gather- ing, and foraeiner; (1) areas with special scientific values or opportunities, including those areas where ongoing research projects could bejeopardized by development or conflicting uses and activities; and District Implementation Manual -DATE Sept. 1988 PAGE 188 (J) potential estuarine or marine sanctuaries. AMSAs are specific areas, either wholly or partially within or outside of established districts, which have been identified as needing close attention in regard to planning and project review. Barrier islands and lagoons - depositional coastal environments formed by deposits of sediment offshore or coastal remnants which form a barrier of low-lying islands and bars protecting a salt-water lagoon with free exchange of water to the sea. Beaches - the area affected by wave action directly from the sea. CMP - Coastal Management Program. COE - United States Army Corps of Engineers. CZMA - the federal Coastal Zone Management Act of 1972, as amended, 16 U.S.C. S1451 et seq. This Act provided the basis for the development of the Alaska Coastal Management Program. Categorically Consistent - permits or projects which fall within a category of development that is consistent with the Alaska Coastal Manage- ment program because the activity authorized by the permit has no significant impact in the coastal zone (6 AAC 50.050(b)). These permits or projects are included in the "A" fist. Coastal Coordinator - the individual within either an approved or non- approved coastal district whose responsibilities include: developing and implementing the district's coastal management program; coor- dinating efforts of agencies and the coastal district; helping project applicants; acting as a liaison between agencies and project appli- cants; involving the public in coastal management; and, in approved districts, reviewing proposed projects to ensure maximum consis- tency with the district's approved coastal management program. This term is used interchangeably with district coordinator. Coastal Management Program (CMP) - the- local plan directing coastal management which has been approved by the district and which becomes part of the ACMP after approval by the Coastal Policy Council. District Implementation Manual DATE Sept. 1988 PAGE 189 Coastal Policy Council - the Council that oversees the Alaska Coastal Management Program (ACMP), setting statewide coastal policy and reviewing coastal district programs for approval. The council is comprised of: nine locally-elected officials from coastal communi- ties who are appointed by the governor; six state agency cabinet officials; and the Director of the Division of Governmental Coordi- nation (DGQ in the Office of the Governor. Coastal Resource District - any local or regional jurisdiction in Alaska, as listed below, which contains a portion of the coastal area of the state. (These areas are also referred to as coastal districts or districts): (A) unified municipalities established under AS 29.68.240 - 29.68.440; (B) organized boroughs of any class which exercise planning and zoning authority; (C) home rule and first class cities of the unorganized borough or within boroughs which do not exercise planning and zoning authority; (D) second class cities of the unorganized borough, or within boroughs which do not exercise planning and zoning authority, which have established a planning commission, and which, in the opinion of the Commissioner of the Department of Community and Regional Affairs have the capability of preparing and imple- menting a comprehensive district coastal management program under AS 46.40.030; (E) coastal resource service areas established and organized under AS 29.03.020 and 46.40.110 - 46.40.180. Coastal Resource Service Areas (CRSAs) - a special organization that may be formed in the unorganized borough for coastal management planning purposes. Residents of a region vote on whether to form a CRSA, and then elect a seven-member board from the region to govern the CRSA. Coastal water - all water bodies in the coastal area, including wetlands and the intertidal area. District Implementation Manual DATE Sept. 1988 pAGE 190 Conclusive consistency determination - see determination. Consistency - compliance with the standards of the ACMP, including the enforceable policies of an approved coastal resource district program. A project must be consistent with both the ACMP and the approved local district coastal management program in order for it to receive local, state, and federal permits that will allow the project to be conducted. Consistency determination - see determination. Coordinating agency - the agency responsible for coordinating and facilitating the review and rendering the consistency determination required by 6 AAC 50. There are four agencies which may coordinate consistency reviews: DGC, DEC, DNR, and DFG. Council - State of Alaska Coastal Policy Council. DCRA - State of Alaska Department of Community and Regional Affairs. DEC - State of Alaska Department of Environmental Conservation. DFG - State of Alaska Department of Fish and Game. DGC -Division of Governmental Coordination within the Office of Management and Budget in Office of the Governor of the State of Alaska. DNR - State of Alaska Department of Natural Resources. DOT&PF - State of Alaska Department of Transportation and Public Facilities. Determination, consistency determination, or conclusive consistency determination - (A) a document issued by the coordinating agency containing a brief description of the project, and the findings of the consistency District Implementation Manual DATE Sept. 1988 PAGE 191 review together with any stipulations, conditions, or modifica- tions to the project which must be attached to the applicable pernilts, and a brief justification for those necessary modifica- tions, conditions, or stipulations, and includes (B) a response to a consistency certification or determination required or authorized under the CZMA. Consistency determinations are issued after review of a project is complete. Direct and significant impact - an effect of a project which will likely contribute or lead to a significant change in or alteration of the natural, social, cultural, or economic characteristics of a coastal resource district. Disposal of interest in state land - the sale, lease, or other disposition of state-owned or state-managed land or resources by the Depart- ment of Natural Resources of the State of Alaska. District - see coastal resource district. District Coordinator - see Coastal Coordinator. District program - a district coastal management program. Due deference - that deference which is appropriate in the context of the commenter's expertise and area of responsibility, and all the evidence available to support any factual assertions (6 AAC 50.120(a)). Effective Date - the date that a district program becomes effective and is implemented; also refers to the date that a particular piece of legisla- tion become law. EPA - United States Environmental Protection Agency. Elevation - the process of bringing controversial issues identified in a coastal project consistency review to a higher level within the state resource agencies for discussion and decision. Projects are "elevated" from the agency staff level to directors, and then to commissioners. District Implementation Manual DATE Sept. 1988 PAGE 192 Estuary - a send-enclosed coastal body of water which has a free connec- tion with the sea and within which seawater is measurably diluted with freshwater derived from land drainage. Emergency Expedited Review - if, due to an emergency as described in AS 26.23 or AS 46.04.080 or other applicable law, an applicant needs an expedited agency perinit or consistency review, or if the head of the coordinating agency finds that an expedited review is necessary for the preservation of the public peace, health, safety, or general welfare, the head of the coordinating agency may modify the review process as necessary to meet the emergency. Any modifications in the review process must be made in writing by the head of the coordinating agency, based upon clear and convincing evidence of a need for the modifications. Expedited Review - when a proposed activity does not need to be individu- ally reviewed by a local district and state agencies because it is cate- gorically consistent or has received general concurrence. Exposed high-energy coasts - open and unprotected sections of coastline with exposure to ocean-generated wave impacts and usually characterized by coarse sand, gravel, boulder beaches, and well- mixed coastal water. Facilities related to commercial fishing and seafood processing - includes hatcheries and related facilities, seafood processing plants and support facilities, marine industrial and commercial facilities, and aquaculture facilities. Feasible and prudent - consistent with sound engineering practice and not causing environmental, social, or economic problems that outweigh the public benefit from compliance with the standard. FWS - United States Fish and Wildlife Service. General Concurrence - a consistency determination for a type of project which includes only routine activities, and which can be effectively made consistent with the Alaska Coastal Management Program by imposing standard stipulations on the applicable permit. These projects are listed on the "B" list. District Implementation Manual DATE Sept. 1988 PAGE 193_ Geophysical hazard areas - areas which present a threat to life or property from geophysical or geological hazards, including flood- ing, tsunami run-up, storm surge run-up, landslides, snowslides, faults, ice hazards, erosion, and littoral beach process. Habitat - land or water which supports fish, wildlife, or their foods. Including - including but not limited to. Islands - bodies of land surrounded by water on all sides; interior portions of major island may be excluded from the coastal area if uses of these islands do not cause direct and significant impacts on coastal water. Maintenance, restoration, and enhancement of habitat - maintenance means insuring that the abundance, distribution, and diversity of fish and wildlife populations and their habitats remain within the existing range of natural fluctuations. Restoration means increasing fish or wildlife populations or their habitats artificially to allow full use of available resources with the intent that the increased population levels will be self-sustaining. Enhancement means supplementing numbers of a fish or wildlife population or physically or chemically altering the habitat to a productivity level above what can be sustained naturally 10 by the existing environment. Major energy facility - includes marine service bases and storage depots, pipelines and rights-of-way, drilling rigs and platforms, petro- leum or coal separation, treatment, or storage facilities, liquid natural gas plants and terminals, oil terminals and other port development for the transfer of energy products, petrochemical plants, refineries and associated facilities, hydroelectric projects, other electric generating plants, transmission lines, minimum enrichment or nuclear fuel processing facilities, and geothermal facilities; "major energy facility." means a development of more than local concern carried out in, or in close proximity to, the coastal area, which meets one or more of the following criteria: (A) a facility required to support energy operations for explora- tion or production purposes; (B) a facility used to produce, convert, process, or store energy resources or marketable products; District Implementation Manual DATE Sept. 1988 pAGE 194 (C) a facility used to transfer, transport, import, or export energy resources or marketable products; (D) a facility used for in-state energy use; or (E) a facility used primarily for the manufacture, production, or assembly of equipment, machinery, products, or devices which are involved in any activity described in (A) - (D) of this para- graph. Marine coastal water - water adjacent to shorelines which contains a measurable quantity of seawater, including sounds, bays, la- goons, bayous, ponds, and estuaries, and the living resources which are dependent on these bodies of water. Maximum extent practicable - the requirement for federal government activities, including development projects directly affecting the coastal zone of Alaska, to be fully consistent with the Alaska Coastal Management Program unless such compliance would violate another federal law (15 CFR 930.32(a)). Mining and mineral processing - the development of mineral resources extracted in tidal rivers, coastal water, and on continental shelves of the open sea, and found in surface, subsurface, and aqueous deposits. NMFS - National Marine Fisheries Service. NPDES - National Pollution Discharge Elimination System; relating to permits issued by the EPA. OCS - Outer Continental SheIL OMB - Office of Management and Budget in the Office of the Governor. Offshore areas - submerged lands and waters seaward of the coastline. PROFS - professional office systems; the computerized communications network used by DGC, resource agencies, and districts. Permit - a permit, lease, authorization, license or any other determina- tion necessary for completion of a project or a discrete phase of a project. District Implementation Manual DATE Sept. 1988 PAGE 195 Project - an activity or use which will be located in or may affect the coastal zone of Alaska and which is subject to consistency review under Sec. 307 of the Coastal Zone Management Act of 1972, as amended (16 U.S.C. S1456), or which requires the issuance of one or more state permits; when a land or water activity is developed or authorized in discrete phases, and each phase requires agency decisions re- garding permits, each phase is considered a "project." Resource agency - the Alaska Department of Environmental Conserva- tion, or the Department of Fish and Game, or the Alaska Depart- ment of Natural Resources. Review or consistency review - the evaluation of a project against the ACMP standards and approved district coastal management program. Rocky islands and seadiffs - islands of volcanic or tectonic origin with rocky shores and steep faces, offshore rocks, capes, and steep rocky seafronts. Saltwater wetlands - see wetlands. Significant amendment - an amendment to an approved district program which (A) results in a major revision, addition or deletion to the policies or implementation methods or authorities included in the district program under 6 AAC 85.090 and 6 AAC 85.100; (B) alters the district boundaries, other than by technical adjust- ments; (C) designates an area which merits special attention or alters an existing area which merits special attention designation; or (D) restricts or excludes a use of state concern not previously restricted or excluded. Stipulations - requirements placed on a development that are incorporated into a state or federal permit to mitigate or reduce the development impacts. Tideflats - mostly unvegetated areas that are alternately exposed and inundated by the failing and rising of the tide. District Implementation Manual DATE Sept. 1988 PAGE 196 I Transitional and intertidal areas - areas subject to periodic or occasional inundation by tides, including coastal floodplains, storm surge areas, tsunami and hurricane zones, and washover channels. Transportation and utility routes and facilities - includes power trans- mission lines, mineral slurry lines, oil and gas pipelines, land and marine corridors, railways, highways, roadways, air terminals, water and sewage transfer, and facilities required to operate and maintain the route or facility. Upland - drainages, aquifers, and land, the use of which would have a direct and significant impact on coastal water. Use of direct and significant impact - a use, or an activity associated with the use, which proximately contributes to a material change or alteration in the natural or social characteristics of a part of the state's coastal area and in which (A) the use, or activity associated with it, would have a net adverse effect on the quality of the resources of the coastal area; (B) the use, or activity associated with it, would limit the range of alternative uses of the resources of the coastal area; or (C) the use would, of itself, constitute a tolerable change or alteration of the resources within the coastal area but which, cumulatively, would have an adverse effect. Uses of State Concern - those land and water uses which would signifi- cantly affect the long-term public interest; these uses, subject to council definition of their extent, include: (A) uses of national interest, including the use of resources for the siting of ports and major facilities which contribute to meeting national energy needs, construction and maintenance of naviga- tional facilities and systems, resource development of federal land, and national defense and related security facilities that are dependent upon coastal locations; (B) uses of more than local concern, including those land and water uses which confer significant environmental, social, cul- tural, or economic benefits or burdens beyond a single coastal resource district; District Implementation Manual DATE Sept. 1988 PACE 197 (C) the siting of major energy facilities, activities pursuant to a state oil and gas lease, or large-scale industrial or commercial de- velopment activities which are dependent on a coastal location and which, because of their magnitude or the magnitude of their effect on the economy of the state or the surrounding area, are reasonably likely to present issues of more than local significance; (D) facilities serving statewide or interregional transportation and communication needs; and (E) uses in areas established as state parks or recreational areas under AS 41.21 or as state game refuges, game sanctuaries or critical habitat areas under AS 16.20 (paragraph 4 CH 84 SLA 1977; and paragraph 3 CH 129 SLA 1978). Village - an unincorporated community where at least 25 persons reside as a social unit as determined by the Department of Community and Regional Affairs (S4 CH 84 SLA 1977). Water-dependent - a use or activity which can be carried out only on, in, or adjacent to water areas because the use requires access to the water body. Water-related - a use or activity which is not directly dependent upon access to a water body, but which provides goods or services that are directly associated with water-dependence and which, if not located adjacent to water, would result in a public loss of quality in the goods or services offered. Wetlands - includes both freshwater and saltwater wetlands. "Freshwa- ter wetlands" means those environments characterized by rooted vegetation which is partially submerged either continuously or periodically by surface freshwater with less than 0.5 parts per thousand salt content and not exceeding three meters in depth. "Saltwater wetlands" means those coastal areas along sheltered shorelines characterized by holophytic hydrophytes and macro- algae extending from extreme low tide to an area above extreme high tide which is influenced by sea spray or tidally-induced water table changes. District Implementation Manual DATE Sept. 1988 pAGE 198 r& rA w I -A PC w CL ow --I@ I L OF,*"" V - Appendices I,& AppendixA L Classification of State Agency Approvals Under I- @ 6AAC50 (Expedited Review Lists) Classification of State Agency Approvals under 6 AAC 50.050 Project Consistency with the Alaska Coastal Management Program office of Management and Budget Division of Governmental Coordination State of Alaska Part A. CATEGORICALLY CONSISTENT APPROVALS 10/l/84 Activities authorized by the following approvals do not have a sign- ificant impact on the coastal area as defined by the Alaska Coastal management Act and will not be affected by the review procedures described in 6 AAC 50. Fo-r example, if a project requires only the following approvalso applicants do not need to fill out a coastal project questionnaire. However, applicants must still apply to the appropriate agency to get their authorization. DEPARTMENT OF ENVIRONMENTAL CONSERVATION Air Quality Control AS 46.03.020 18 AAC 15 Permit to Open Burn AS 46.03.710 18 AAC 50 18 AAC 60 18 AAC 75 Plan Review and Approval AS 46.03.020 of Sewerage or Sewage AS 46.03.090 18 AACJS Treatment Works AS 46.03.720 18 AAC 72 Plan Review and Approval AS 46.03.020 18 AAC 15 of Public Water Systems AS 46.02.720 18 AAC 80 Delegation of Subdivision Plan Review 18 AAC 72.068 Certification of Water Supply Systems and Waste- water Systems 18 AAC 74.120 Variance for Maximum Con- taminant Concentrations in Public Water System 18 AAC 80.110(a) Certification Required AS 46.03.020(10)(A) for Purchase or Use of AS 46.02.020(10)(G) Restricted-Use Pesticides AS 46.03.320 18 AAC 90.010 Permit for Milk and Milk AS 03.04.020(5)(b) Products, Processors, Milk Producers, Frozen Dessert Manufacturers and Associated Operations Certificate and Permit to AS 03.05.010(f) 18 AAC 34 Operate a Seafood (3)(7) 18 AAC 34 Processing Plant Importation of Veterinary AS 03.05.010(c) 11 AAC 38.200 Biologics 11 AAC 38.210 Slaughterhouse Operation AS 03.05.020(l) Inspection Permit AS 03.05.040 11 AAC 36 Plan Reviews and Health Inspections of Public AS 17.20.230-270 Establishments AS 18.05.040 18 AAC 30 - 2 - 10/l/84 Food Service Permit AS 18.05.040(9) 18 AAC 34 Swimming Pool Plan Approval AS 18.05.040(a) 18 AAC 34 importation of Animals AS 03.05.020(1)&(4) 11 AAC 38.005-300 AS 03.45.010 & 060 Discharge or Recycling of Ionizing Low Level AS 46.03.020 18 AAC 85.280 Radiation Source AS 46.03.260 Oil Discharge Contingency AS 46.04.030 Plans for Vessels (Tankers and Barges) DEPARTMENT OF FISH AND GAME Game Sanctuary Entry AS 16.20.120-170 Permit Falconry Permit AS 16.05.255 Scientific and Educational AS 16.05.930 Collecting Permits Fish and Egg Transport Permit 5 AAC 41 Game Bird Shooting Preserve Permit 5 AAC 81.040(a) Oyster Import Permit 5 AAC 38.065 Anadromous Stream permit AS 16.05.870 for water withdrawals of less than 5000 gallons in a single day or less than 1000 gallons per day for more than one day, except from known fish overwintering areas DEPARTMENT OF NATURA.rLj RESOURCES 0 DISPOSALS Division of Land and Water Management Gravel sales from AS 38.05.110-120 11 AAC 71 previously approved upland sources 3 10/l/84 water use permits for: AS 46.15 11 AAC 93 1. water withdrawals of less than 5000 gallons/day from wells located outside the North Slope 2. water withdrawals from wells on the North Slope 3. water withdrawals from lakes and streams for less than 1000 gallons/day, except from known fish overwintering areas 4. water withdrawals from pothole lakes located between the Colville and Canning Rivers on the North Slope which are less than six fee in depth and have no inlet or outlet. 5. water withdrawals from excavated gravel pits now used as water reservoirs. Leases for shore AS 38.05.082 11 AAC 64.010-570 fisheries development Division of Forestry Timber sales of 10 AS 38.05.110-120 11 AAC 76.005-205 acres or less in spruce-hemlock coastal forests; 40 acres or less in Interior forests south of the Alaska Range; and 160 acres or less north of the Alaska Range PERMITS AND OTHER APPROVALS Division of Land and Water Management Temporary water use permits AS 46.15.150 11 AAC 93 for: 1. water withdrawals from streams and lakes for less than 5000 gallons in a single day or less than 1000 gallons per day for more than one, day except from fish overwintering areas 4 10/l/84 2. water withdrawals from pothole lakes located between the Colville and Canning Rivers on the North Slope which are less than six feet in depth and have no inlet or outlet 3. water withdrawals from excavated gravel pits now used as water reservoirs 4. water withdrawals from wells on the North Slope Limited personal AS 38.05.330 use permits Trapping cabin AS 38.95.080 11 AAC 94.010-.410 construction permits Remote cabin permits AS 38.05.079 11 AAC 67 in areas that have been opened for remote cabins Dam safety permits AS 46.150.080 11 AAC 93 AS 46.15.100 AS 46.15.180 General land use AS 38.05.330 permits for the temporary storage of vehicles at locations not in river floodplains or wetlands. Division of Forestry Burning permit AS 41.15.060 11 AAC 95.400-.490 Division of Parks Permit for special AS 41.20.040 11 AAC 12.040 events in a State park Permit to assemble AS 41.20.040 11 AAC 12.160 over 20 people in a State park Permit for the invest- AS 41.35.040 11 AAC 16.030-.080 igation or removal of AS 41.35.080 historic or arche- ological resources 5 10/1/84 12/31/84 (revised) Authorization to use AS 41.20.040 11 AAC 12.190 fireworks in a state park Division of Oil and Gas Assignment of mineral AS 38.05.145 11 AAC 82.605-.603 interests AS 38.05.270 11 AAC 84.165 AS 38.05.340 Division of Mining Assignment of mineral AS 38.05.270 11 AAC 82.605-.630 interests Alaska Surface Coal AS 27.21.030 11 AAC 90.161 Mining Control and AS 27.21.200 Reclamation Act Notice of Intent to Explore Production licenses AS 38.05.'207 11 AAC 86.700-750 to authorize commercial production from mining claims 6 10/1/84 12/31/84 (revised) 4/1/85 (revised) Part B. GMMRAL CONCURRENCE General concurrence determinations are consistency determinations for types of projects which are routine in nature and can be effectively made consistent with the Alaska Coastal Management Program (ACMP) by imposing standard stipulations on the applicable authorizations. Therefore, if a project fits the description for a general concurrence determinatione it is judged consistent with the ACHP if the standard stipulations are complied with. Applicants must still obtain the authorizations from the appropriate aqenqies and follow any cond- itions and regulatory provisions incorporhted into thosepermits. Section 1. PREVIOUSLY AUTHORIZED GENERAL CONCURRENCES Corps of Engineers (COE) nationwide permits for 23 categories of activities as certified in 1984: unconditionally certified 1, 2, 4, 5, 7, 10, 11, 15, 16, 17, 20 conditionally certified 3, 6,.8, 9, 12, 13, 14, 18, 19, 21, 22, 23 Environmental Protection Agency (EPA), General NPDES permits for exploratory oil and gas operations on the OCS: Norton Sound AK G 28-1000 Beaufort Sea AX G 28-2000 EPA General permits for floating and small shore based seafood processors AK G 52-0000 (these replace DEC general waste water permits 84-JA and 84-JD) COE Bethel General Permit GP 83-4 COE Anchorage General Permits GP 83-1, 83-2 COE City and Borough of Sitka General Permits GP 81-17, 18, 19, 20, COE Abbreviated Processing Procedures, North Slope APP 83-1 COE Bristol Bay Housing Region General Permit GP 81-9 COE Arctic Slope Housing Region General Permit GP 83-8 COE NANA Housing Region General Permit GP 81-5 COE Bering Straits Housing Region General Permit GP 83-9 COE AVCP Housing Region General Permit GP 83-10 7 12/31/84 4/l/85 (revised) Section. 2 GENERAL CONCURRENCE DETERMINATIONS General Concurrences in effect as of December 31, 1984. Text and conditions for each concurrence on the pages following the list: 84-GC-1 Recreational Placer Mining 84-GC-2 Temporary Loading and Unloading 84-GC-3 Temporary Navigation Sites 84-GC-4 Stream Gages 84-GC-6 Equipment Crossing 84-GC-7 Instream Activity for Habitat Improvement 84-GC-9 Personal Use Cabins 84-GC-10 Abandoned Timber Salvage 84-GC-11 Surface Oiling of Roads 84-GC-12 Oil Discharge for Scientific Purposes 84-GC-13 Non PSD Air Quality Emissions 84-GC-14 Pesticide Application 84-GC-15 Fur Farming General Concurrences in effect as of April 1, 1985. Text and conditions for each concurrence on the pages Fo-1lowing the list: 85-GC-16 On-Site Sewage Disposal 85-GC-17 Sewer Hookups 85-GC-18 Temporary Grazing 85-GC-19 Cross Country Movement of Equipment in Winter 85-GC-20 Access Across State Park Lands 85-GC-21 State Park-Related Facilities 85-GC-22 Incompatible State Park Uses 85-GC-23 Temporary Camps 8 GENERAL CONCURRENCE 84-GC-1 12/31/84 The following activity is consistent with the Alaska Coastal Management Program as per 6 AAC 50.050(c) and (a) vhen conducted according to the conditions listed below. This does not relieve the applicant from obtaining required permits and approvals from individual agencies. DESCRIPTION-OF THE ACTIVITY: Recreational placer mining (for non-claim situations) for suction dredges with nozzles less than six inches in diameter and less than 16 HP in anadromous fish streams, where access is by existing road or by boat. Authority: AS 16.05.870. Permit: Anadromous Fish Stream Permit (DFG). Region: Statewide STANDARD CONDITIONS: 1. Stream banks shall not be mined or otherwise disturbed. All dredging shall be conducted within the limits of the.existing wetted perLmecer (water level). 2. Suction dredges shall not be used as hydraulic monitors to wash soils or other materials from above the water surface. 3. Winches shall not be used instream to move boulders, logo, and other natural obstructions which provide fish habitat and which are too large to be moved by hand. 4. No wheeled or tracked equipment shall be used instream. 5. No damming or diversions of anadromous streams are permitted unless specifically authorized by the Alaska Department of Fish and Game. 9 84-GC-1 GENERAL CONCURRENCE 84-M-2 12/31/84 The following &Ctivity is consistent with the Alaska Coastal Management Program as per 6 AAC 50.050(c) and (e) when conducted according to the conditions listed below. This does not relieve the applicant from obtaining required permits and approvals from individual agencies. This concurrence is for a one year period, and will be reviewed by the agencies in December of 1985. DESCRIPTION OF THE ACTIVITY: Temporary (1 year or less) loading and off-loading of equipment and supplies on State tide and/or shorelands, not requiring fill or construction of facilities. Authority: AS 38.05.850. Permit: Land Use Permit (DNR). Certificate of Reasonable Assurance Waiver of U.S. Army Corps of Engineers Section 10 permit (DEC). Region: Statewide, except in critical habitat areas, refuges, sanctuaries, and anadrOMOU3 fish streams. STANDARD CONDITIONS: l.. Groundings, if necessitated, shall be limited.to periods of high water so as to minimize disturbance to the shorelands. 2. Erosion, compaction and/or alteration to streambanks or shorelands shall be avoided. 3. Should disturbance occur, the area shall be restored to its natural contours. 4. All activities shall be conducted in a manner that will minimize disturbance to fish and wildli!e resources. 10 84-M-2 GENERAL CONCURRENa 84-OC-3 L2/31/84 The o,,owing activity is consistent with the Alaska Coastal Management Program so 'or ,AAC So *0'0'c and (a) when conducted according to the conditions listed below. This does not relieve the applicant from obtaining required permits and approval# from individual agencies. This concurrence is for a one year period, and will be reviewed by the agencies in December of 1985. DESCRIPTION OF TM ACTIVITY: Construction and maintenance of temporary navigation sites, (less than one year). Typical operation is the placement of radio or microwave towers and repeators. Site preparation may include some brushing or timber removal. Towers are normally surveyed using stakes as anchors. Power is usually supplied by propane in combination with storage batteries. Maintenance consists of refueling every two or three months or electronic adjustment or repair as needed. Authority: AS 38.05.850. 40 CFR 112.7(2) Permit: Land Use Permit (DNR). Region: Statewide except in critical habitat areas, refuges, and sanctuaries. STANDARD CONDITIONS: 1. Operations shall be conducted in such a manner that the vegetative mat is not disturbed. Clearing of brush and timber must be kept to the minimum necessary to utilize the site. 2. Fuel storage facilities shall not be placed within 100 feet of water bodies and must be within an impermeable diked area of 110 percent capacity of the largest independent fuel container. Manifolded tanks or bladders must be considered as a container. 3. All hazardous material containers and fuel drums shall be marked with the contractor's name, dated, and transported consistent with 49 CFR 172 (EPA Hazardous Material Regulations.) 84-GC-3 GENERAL CONC 84-GC-4 12/31/84 The following activity is consistent with the Alaska Coastal Kanagement Program as per 6 AAC 50.050(c) and (e) when conducted according to the conditions listed below. This does not relieve the applicant from obtaining required permits and approvals from individual agencies. DESCRIPTION OF THE ACTIVITY: Placement and maintenance of stream gages, except in anadromous fish streams. Authority: AS 38.05.850. Permit: Land Use Permit (DNR). Nationwide Permit 5 (COE) Region: Statewide STANDARD CONDITIONS: Alteration of the banks or channels of a watercourse is prohibited. 12 84-GC-4 GENERAL CONCURRENCE 84-GC-6 12/31/84 The following activity is consistent with the Alaska Coastal Management Program as per 6 AAC 50.050(c) and (e) when conducted according to the conditions listed below. This does not relieve the applicant from obtaining required permits and approvals from individual agencies. DESCRIPTION OF THE ACTIVITY: Equipment crossing streams for vehicles less than 5000 pounds at established or traditional sites. Authority: AS 16.05.870. Permit: Anadromous Fish Stream Permit (DFG). Region: Statewide STANDARD CONDITIONS: 1. Stream crossings shall be made directly from bank to bank in a direction substantially perpen- dicular to the stream flow. 2. Stream crossings shall be made only at locations with gradually sloping banks. There shall be no crossings at locations with sheer or cut banks. 3. Stream banks shall not be altered to facilitate crossings or disturbed in any way. If stream banks are inadvertently disturbed, they shall be immediately stabilized to prevent erosion. 13 - 84-GC-6 GENERAL CONCURRENCE 84-OC-7 12/31184 The following activity is consistent with the Alaska Coastal Management Program as per 6 AAC 50.050(c) and (e) when conducted according to the conditions listed below. This does not relieve the applicant from obtaining required permits and approvals from individual agencies. DESCRIPTION OF THE ACTIVITY: Minor instream work to improve fish habitat or instream activity required by the Department of Fish and Game. Authority: AS 16.05.840 and .870; AS 38.05.850. Permits: Anadromous Fish Stream Permit (DFG). Land Use Permit (DNR). Nationwide Permit (COE) Region: Statewide Procedure: 1. The Alaska Department of Fish and Game shall be notified of all proposals to improve fish habitat. 2. The Alaska Department of Fish and Game will determine whether the proposed activity or required mitigation activity will improve fish habitat and can be accomplished in a manner that protects existing fish and wildlife habitat values. 84-GC-7 GENERAL CONCURRENCE 84-CC-9 12/31/84 The following activity is consistent with the Alaska Coastal Management Program as per 6 AAC 50.o5o(c) and (e) when conducted according to the conditions listed below. This does not relieve the applicant from obtaining required permits and approvals from individual agencies. DESCRIPTION OF TM AMV=- Personal Use Cabins. The Department of Natural Resources will be permitting limited use of existing cabins on State land. Permits may be issued if continued use of the cabin does not conflict with the public inter- est. Permits may be issued for up to 6 years and the permits are only for use of a cabin, they do not convey any interest in land. Authority: 11 AAC 65.050. Permit: Personal Use Cabin Permit (DNR). Region: Statewide Procedures: 1. May include site specific conditions of use, such as seasonal use restrictions determined appropriate by the department and, on game refuges, and critical habitat areas, by the Department of Fish and Game; 2. Is not valid unless-signed by an-authorized individual within the Department of Fish and Game if the permit for a cabin is located within a State game refuge or critical habitat area; STANDARD CONDITIONS; 1. The permit is revocable immediately upon violation of any of its terms, conditions or stipu- lations, upon non-payment of fees, or upon failure to comply with any other applicable stat- utes and regulations. 2. The permit is not transferable or assignable. 3. No additions to or enlargements of the cabin are allowed, except for routine maintenance and upkeep. 4. All garbage and foreign debris brought into, or placed on the cabin site must be removed by the permittee unless otherwise authorized by the director. 5. If the cabin is destroyed or damaged beyond repair, rebuilding the structure is not authorized without prior written approval of the director; this approval may not be unreasonably with- held. 6. The cabin may not be used for a commercial activity or as a permanent residence. 7. No new road or trail across State land is authorized under the permit, and access must be consistent with the provisions of 11 AAC 96. S. No restriction or interference with public access to or across State land is allowed. 9* The permit does not relieve he permIttee of the responsibility of securing other nece 38 ary State, federal, or local permits or authorizations; and - 15 - (continued) Page 2 10. The department reserves the right to require measures to mitigate disruptions to public use of the area, and to fish and wildlife populations and their habitats, which may be created by the permittee, or occur as a direct result of the permittee's failure to comply with the terms of the permit or any applicable law. 16 84-GC-9 GENERAL CONCURRENCE a4-GC-10 12/31/84 The following activity is consistent with the Alaska Coastal Management Program as per 6 AAC 50.050(c) and (e) when conducted according to the conditions listed below. This does not relieve the applicant from obtaining required permits and approvals from individual agencies. This concurrence is for a one year period, and will be reviewed by the agencies in December 1985. DESCRIPTION OF THE ACTIVITY: Salvage of abandoned timber property (beach logs) from the waters and tidelands of the State. The timber industry in Alaska has moved logs from the forest to the mill via log rafts and barges since logging first began. Transported logs being continually lost due to weather, rough seas, and other misfortunes causing a considerable volume to become abandoned on the waters and beaches of the State. The abandoned logs would become wasted resource and a hazard to navigation, if they were left abandoned. The State, in cooperation with the U.S. Forest Service, administers a beach log salvage program to allow licensed salvagers to recover abandoned logs. Authority: 11 AAC 71.400; AS 45.50.235(b) (DNR). Permit: Log Salvage License. Regiont Statewide STANDARD CONDITIONSt 1. Salvage operations under this license must be conducted so as to avoid damage to streams or other water areas and adjacent upland. Timber may not be skidded in or across anadromous fish streams. All operations shall be conducted so as to avoid stream silting, interference with the passage of fish, or injury to the spawning grounds in compliance with AS 16.05.870. 2. During actual operations on the waters, beaches, and tidelands of the State, the purchaser: a. will not drag or skid logs across estuarine tidal flats; b. will not allow logs to ground at any tidal stage during storage; C. will not be allowed to salvage logs within 200 feet of the mouth of a DFG designated anadromous fish stream; d. will not salvage logs from tidal flats which border on tidal marshes or tidal meadows; and e. will not be allowed to operate within the navigable portions of any streams or rivers. 3. No A-frames, skidders, or other beached equipment shall be used in conjunction with the li- cense without first being authorized in writing by the Forester-in-Charge and properly bonded. 4. The operator will not log across canoe landings, fish weirs, or petroglyphs. If such sites are found, the operator will report the locations to the State Forester. 5. No salvage is permitted within 330 feet of eagle nest trees delineated on the sale area map. 6. This permit does not authorize the construction of log transfer facilities, or the salvage of logs within portions of streams containing anadromous fish. 17 - 84-GC-10 GENERAL CONCURRENCE 84-OC-11 12/31/84 The following activity is consistent with the Alaska Coastal Management Program as per 6 AAC 50.050(c) and (e) when conducted according to the conditions listed below. This does not relieve the applicant from obtaining required permits and approvals from individual agencies. DESCRIPTION OF THE ACTIVITY: Surface Oiling of Roads. This activity covers the limited application of oil, asphalt, bitumen or a residuary product of petroleum on the road system of the State for dust control during summer periods. A surface oiling permit is required from DEC. The permit is issued on an annual basis. The application for DEC permit must include analytical testing results of the oil to be applied to ensure no contaminants will be applied. Authority: As 46.03.020, AS 46.03.740; 18 AAC 15, 18 AAC 75. Permits: Surface oiling permit (DEC). Region: Statewide STANDARD CONDITIONS: 1. Permittee shall observe the general stipulations and constraints in Surface Oiling Regulation 18 AAC 75.050. 2. The applicant has conducted all required chemical analyses out",ned in the DEC Surface Oiling Permit Application. 3. Application does not result in any oil to pool or run off. 4. The amount of oil applied to the areas described shall be consistent with the application, and a single application shall not exceed 0.15 gallons of oil per square yard. The maximum total amount of oil applied under this permit shall not exceed 0.3 gallons of oil per square yard. Note: Application rate of 0.15 gallons per square yard is equivalent to 2500 gallons per mile, assuming a 28 foot wide road. 5. Oil should be graded or scarified into the road. 6. The permittee shall not apply oil to the road surface within 3 feet of the edge of either side of the road and all oil shall be deposited at least 100 feet from any waters unless a greater distance is required by the Department of Environmental Conservation. 7. The permittee shall handle all waste oil products with reasonable care and shall take all precautionary measures in handling petroleum products on or near State waters. Proper cleanup equipment and absorbents should be available. 8. Records of surface oiling must be kept on the enclosed form and must be provided to the issu- ing office of the department within 14 days after the expiration of this permit. These records shall include: source of the oil used, length and width of surface actually oiled, location and date of oiling, oil volume used, and road miles oiled. 0 18 (continued) Page 2 9. Dust retardants allowed for application under the terms of this permit are asphalt, asphalt emulsions, cutback asphalts, asphaltic oils, bituminous treatments, and the following petrole- um products: crude oil, hydraulic fluids, waste lubricating oil, and emulsified oil mixtures containing these products. 10. The application of dust retardants containing any detectable concentration of polychlorinated biphenyls (PCBs), 5000 parts per million (by weight) or more of halogenated volatile organics, or any listed hazardous waste regulated by the U.S. Environmental Protection Agency under the Resource Conservation and Recovery Act as Amended 1980 (see 40 CFR part 261) is prohibited. 19 - 84-GC-11 GENERAL CONCURRENCE 84-OC-12 12/31/84 The following activity is consistent with the Alaska Coastal Management Program as per 6 AAC 50.050(c) and (e) when conducted according to the conditions listed below. This does not relieve the applicant from obtaining required permits and approvals from individual agencies. DESCRIPTION OF THE ACTIVITY: Oil Discharge for Scientific Study Purposes. The controlled application of less than 100 gallons of oil onto waters and lands of the State for experimental purposes has occasionally been permitted by the Department of Environmental Conservation. Only small quantities are authorized with rigid containment requirements. Application to tundra vegetation and ponds are examples. Knowledge gained from small scale field studies is used to design more effective response actions in the event of a large oil spill, including rehabilitation techniques. Authority: AS 46.03.020, AS 46.03.740; 18 AAC 15, 18 AAC 75. Permit: Oil Discharge Permit for Scientific Purposes (DEC). Region: Statewide, except in critical habitat areas, refuges, sanctuaries and anadromous fish streams. Procedure: Locations for proposed oil discharge will be approved in consultation with DFG. STANDARD CONDITIONS: 1. An accurate accounting of the amounts of oil not recaptured during the testing and a final synopsis of the results of the test shall be reported to the Department of Environmental Conservation. 2. The applicant shall share the results of the scientific test with other interested parties. 3. The activity shall be conducted as detailed in the application. 20 84-GC-12 GENERAL CONCURMCE 84-(;C-13 12/31/84 The following activity is consistent with the Alaska Coastal Management Program as per 6 AAC 50.o5o(c) and (a) when conducted according to the conditions listed below. This does not relieve the applicant from obtaining required permits and approvals from individual agencies. DESCRIPTION OF THE ACTIVITY: Air Quality Emissions from Facilities not requiring Prevention of Significant Deterioration (PSD) permits. Any stationary facility emitting air contaminants in the State of Alaska must obtain a permit from the Department of Environmental Conservation authorizing the location, total emissions, and any changes in emissions. Permits are issued for up to 5 years on a case-by-case basis. Only existing sources are covered under this general concurrence. New sources (and amendments,to existing sourc- es which increase emissions) require a PSD permit and an individual consistency review, i.e., they are not covered under this general concurrence designation. Authority: AS 46.03.010 - 170; 18 AAC 15, 18 AAC 50. Permit: Air quality control permit to operate (DEC). Region: Statewide STANDARD CONDITIONS: 1. Permittee shall comply with the Ambient Air Quality Standards and increments set by State Air Quality Control Regulations 18 AAC 50.020 and applicable emission limitations set by 18 AAC 50.050. 2. Air Contaminant Emission Reports shall be submitted to the Department of Environmental Conser- vation's (DEC) Regional Office, by the 30th of January, Aprilp July, and October of each year. 3. Permittee shall maintain and operate all fuel burning equipment, emission control devices, testing equipment and monitoring equipment to provide optimum air quality control during all operating periods, Sources of fugitive dust (holes in ducts, shrouds, conveyors, malfunction- ing equipment) shall be promptly repaired. 4. Permittee shall notify the DEC District Office by telephone when equipment failures or opera- tions conditions occur which increase air contaminant emissions. The permitcee shall report the expected duration, nature of occurrence, and steps taken to minimize emissions and avoid recurrence. A preliminary report shall be submitted to the District Manager within five working days of the incident. 5. Continuous monitors as deemed necessary shall be installed, maintained, and operated in accor- dance with 18 AAC 50.520 to measure air contaminant emissions concentrations. If any continu- ous monitor is malfunctioning or non-operable three or more consecutive days, permittee shall notify the Regional Office of DEC the fourth day indicating the cause of failure and antici- pated time required to repair the instrument. 6. Source tests as deemed necessary shall be performed in accordance with 18 AAC 50.500 within 60 days after reaching normal operating capacity but not later than 180 days after initial startup of the applicable source. Tests will be performed while source is operating at maxi- mum rated capacity. Results of the tests are due to the DEC thirty (30) days after the test has been performed. Prior notification to and approval by the Department of the conditions of each test is required. Additional tests may be required if necessary to ascertain compliance with applicable standards. - 21 - (continued) Page 2 7. Permittee shall maintain test results, monitoring instrument recorder charts and other appli- cable data in an active file for not less than one year, and have then accessible on request to the DEC for not less than three years. 8. The Departmat's representative, with permittee's approval, is allowed access to permittee's facilities to conduct inspections or tests to determine compliance with this permit and State environmental laws and regulations. 9. A copy of the permit shall be clearly displayed and the State Air Quality Control Regulations 18 AAC 50 kept on file at the permitted facility location. 10. Solid residues shall be disposed of in a solid waste disposal site approved by the DEC in accordance with 18 AAC 60.200. 11. Nondomestic wastewater shall be disposed of in a manner consistent with 18 AAC 72.210-280. 22 84-GC-13 GENERAL CONCURRENCE 84-OC-14 12/31/84 The following activity is consistent with the Alaska Coastal Management Program as per 6 AAC 50.050(c) and (e) when conducted according to the conditions listed below. This does not relieve the applicant from obtaining required permits and approvals from individual agencies. DESCRIPTION OF THE ACTIVITY: Pesticide Application This activity covers surface and aerial application of EPA registered pesticides (insecticide, herbicide, rodenticide, fungicide) to private or public lands consistent with conditions below. DEC issues the permit. Requirements for DEC public notice and/or public hearings are not affected by this general concurrence designation. Formulation, acreage to be treated, location, dates and time of application, method of application, disposal techniques, and precautions taken to protect public health, safety and environment and required to be stated in the application to DEC. Authority: AS 46.03.320; 18 AAC 15, 18 AAC 90.010. Permits: Permit to Apply Pesticides (DEC). Region: Statewide Procedure: Proposals will be reviewed by DFG. STANDARD CONDITIONS: 1. Pesticides shall be applied using properly calibrated equipment in strict compliance with the general safety precautions and instructions given on the pesticide label. 2. Pesticide sprays shall not be applied directly to lakes and other waterbodies. 3. Pesticides shall not be sprayed outdoors when wind speeds exceed 7 miles per hours. 4. If aerial spraying is conducted, bee keepers in the area should be notified by phone or in person at least 12 hours before spraying. 5. Records of control operations shall be maintained and available to the Department of Environ- mental Conservation upon request. These records shall contain the reason for spraying, method and time of application, duration of treatment, and the quantity of the pesticide used. 6. Empty pesticide containers shall be triple rinsed, made unusable and buried in an approved city or borough landfill, unless State laws or regulations dictate their shipment to out-of-state facilities. 7. The Permittee shall report any spill or accident, alleged accident or complaint to the Department of Environmental Conservation regional office within twenty-four hours of its occurrence. 8. All pesticides classified by the Environmental Protection Agency as restricted use pesticides shall be applied only by a person certified by the department to use such pesticides or by a person "under the direct control" of the person certified. 23 - 84-GC-14 GENERAL CONCURRENCE 84-GC-15 12/31/84 The following activity is consistent with the Alaska Coastal Management Program as per 6 AAC 50.050(c) and (e) when conducted according to the conditions listed below. This does not relieve the applicant from obtaining required permits and approvals from individual agencies. This concurrence is for a one year period, and will be reviewed by the agencies at the end of that time. DESCRIPTION OF THE ACTIVITY: Fur Farming This activity involves the business of propagating, raising, or producing fur animals in captivity for the purposes of marketing the fur products. A permit must be obtained from the State Veteri- narian of DEC. DEC is authorized to establish hygienic, pest control and safety standards, inspect the premises and develop regulations consistent with this function; DFG (Board of Game) controls the sale of breed stock and has animal collecting permit authority; Revenue collects the license fee. Authority: AS 03.05.010(c) - 011 (DEC); AS 16.05.255 (DFG), 5 AAC 81.130, AS 38.05.070 if on State land (DNR); AS 16.05.330(a) Revenue; AS 16.05.340.b (DFG) Permits/Licenses: Permit for collection of wild stock; fur farm business license; permit to operate a fur farm (DEC). Region: Statewide Procedure: Proposed operations will be reviewed by DFG. STANDARD CONDITIONS: 1. Fur firm operations shall comply with the Federal Animal Welfare Act relating to humane treat- ment of animals. 2. Animals shall be cared for, caged, and fed according the DEC veterinarian requirements. 3. Fur farm operations shall not result in the contamination of surface waters. 4. Fur farms must be enclosed with a perimeter fence. 5. Operations shall be conducted in a hygienic and safe manner in accordance with standards established by DEC. 6. Inspection of fur farm facilities will comply with the terms of the recent HOU on the timing of inspections to avoid the mating or whelping season. 24 84-GC-15 GENERAL CONCURRENCE 85-GC-16 4/1/85 The following activity is consistent with the Alaska Coastal Management Program as per 6 AAC 50.050(c) and (e) when conducted according to the conditions listed below. This does not relieve the applicant from obtaining required permits and approvals from individual agencies. DESCRIPTION OF THE ACTIVITY: Subdivision plan for on-site sewage disposal in non wetland areas. Each lot of a subdivision proposed for on lot sewage sewage disposal may typically contain at least 20,000 contiguous square feet of soils suitable for on-site sewage disposal Systems. This concurrence only covers your plan for sewage disposal and does not imply the granting of any additional authorizations nor obligate any State, federal, or local regulatory body to grant required authorizations needed to develop a subdivision. Applicants are required to obtain all other necessary authorizations. before proceeding with their project. Authority: AS 46.03., 18 AAC 72.065 Permit: Subdivision Plan Approval (DEC) Region: Statewide STANDARD CONDITIONS: 1. On-site wastewater disposal systems shall comply with the requirements of 18 AAC 72 and 18 AAC 80. 2. The final subdivision plat will have to be signed by ADEC before it can be recorded, unless waived. 25 85-CC-16 GENERAL CONCURRENCE 85-CC - 17 4/1/85 is The following activity is consistent with the Alaska Coastal Management Program as per 6 AAC 50.05o(c) and (a) when conducted according to the conditions listed below. This does not relieve the applicant from obtaining required permits and approvals from individual agencies. DESCRIPTION OF THE ACTIVITY: Subdivision plan for sewer hookups to community sewer systems. This concurrence oonly establishes that the sewer system meet$ engineering requirements specified in 18 AAC 72 and does not imply the granting of any additional authorizations nor obligate any State, federal, or local regulatory body to grant authorizations. If this development will require placing fill in wetlands or working in a Stream, river, or lake, permits from the U,S. Army Corps of Engineers and the Alaska Department of Fish and Game may be required. Applicants are required to obtain all other necessary authorizations before proceeding with their project. Authority- AS 46-03, 18 AAC 72.065 Permit: Subdivision Plan Approval (DEC) Nationwide 404 Permit Number 12 (COE) Region: Statewide STANDARD CONDITIONS: 1. Public sewer systems specifications shall comply with the requirements of 18 AAC 72 and 18 AAC*80. 2. The applicant must revegetate backfilled material or use alternate stabilization techniques to minimize erosion of material placed over laterals, main trunk or interceptor lines. Natural drainage must be maintained. 3. The final subdivision plat will have to be signed by ADEC before it can be recorded, unless waived. 26 85-CC-17 GENERAL CONCURRENCE 84-CC-18 4/11/85 The following activity is Consistent with the Alaska Coastal Management Program as per 6 AAC 50.050(c) and (e) conducted according to the conditions listed below. This does not relieve the applicant from obtaining required permits and approvals from individual agencies. DESCRIPTION OF THE ACTIVITY: Temporary grazing of not more than 10 health certified domesticate animals on State owned lands for a period not exceeding 1 year. No temporary or permanent improvements are allowed. Authority: As 38.05.850 Permit: Grazing (DNR) Region: Statewide STANDARD CONDITIONS: 1. The Permittee shall take all reasonable precautions to prevent and suppress forest, brush and grass fires and to prevent the pollutioa of waters on or in the vicinity of the lands. 2. The Permittee shall mot cut live timber on the premises. 3. The Permittee shall not close roads or trails or otherwise prevent overland access commonly used by the public, within the premises. 4. Fuel storage facilities shall not be placed within 100 feet of water bodies and must be within an impermeable diked area at 110 percent capacity of the largest independent fuel container. Manifolded tanks or bladders must be considered as a container. Vehicle refuel- ing shall not occur within the annual floodplain. 5. No permanent or temporary structures including fences shall be erected or improvements made. 6. Evidence of overgrazingg excessive soil compaction, erosion and deteriorating site condition shall cause the permit to be revoked or suspended until mitigation is ensured. 7. The Permittee shall clean and restore the area to the satisfaction of the Division of Land and Water Management. S. The animals that are grazed under this permit shall not be allowed to become feral. It is the permittee's responsibility to remove all the animals from State land when the permit expires. - 27 - 85-CC-18 GENERAL CONCURRENCE 85-CC-19 The following activity is consistent with the Alaska Coastal Management Program as per 6 AAC SO.OSO(c) and (e) when conducted according to the conditions listed below. This does not relieve the applicant from obtaining required permits and approvals from individual agencies. DESCRIPTION OF THE ACTIVITY: Movement of Dozers, Sleighs, tracked vehicles, and rubber tired equipment cross country during winter. Authority: AS 38.05.850 AS 16.05.870 Permit: Land Use Permit (DNR) Anadromous Fish Stream Permit (DFG) Region: Northern and Southcentral STANDARD CONDITIONS: 1. Winter cross country travel may begin when adequat 'a snow cover and frost depth conditions exist for the activities intended as determined by an authorized field representative of@-the Department of Natural Resources. Certain cross country activities may begin sooner than others depending on the impact or magnitude of the operations. 2. Vehicles shall be operated in a manner such that the vegetative mat of the tundra is not disturbed and blading or removal of tundra vegetative cover is prohibited. 3. Existing roads and trails shall be used wherever possible. Trail widths shall be kept to the minimum necessary. Trail surface may be cleared of timber, brush, stumps and snags. 4. Trails and campsites must be kept clean. All solid waste including incinerator residue shall be backhauled to a solid waste disposal site approved by the Department of Environmen- tal Conservation. 5. All oil and hazardous material spills shall be cleaned up and reported per 18 AAC 75.080. Phone Zenith 9300 to report spills. 6. Snow ramps, snow/ice bridges or cribbing approved by the DFG shall be used to provide access across frozen rivers, streams and lakes so as to preclude cutting, eroding or degrading of their banks. Alteration of the banks of water courses is prohibited. 7. Snow ramps and snow/ice bridges shall be composed only of snow or ice and shall be substan- tially free of sail and debris. 8. Snow/ice bridges shall be of sufficient thickness to support all vehicles. There shall be no vehicles or equipment operated within the open water of any river, stream or lake unless waived by OFG. 9. Snow/fce bridges must be removed or breached, and cribbing removed immediately after final use or prior to breakup, whichever occurs first. 10. To avoid additional freezedown of deep water pools harboring overwintering fish, water- courses shall be crossed at shallow riffle areas from point bar to point bar. Compaction or removal of the insulating snowcover from the deep-water pool areas of rivers is prohibited. 28 84-GC-19 (continued) Page 2 u. Fuel storage facilities shall not be placed within 100 feet of water bodies and must be within an impermeable diked area at 110 percent capacity of the largest independent fuel container. Manifolded tanks or bladders must be considered as a container. Vehicle refuel. in$ shall not occur within the annual floodplain. 12. Movement through willow (Salix) stands shall be avoided wherever possible. 13. Removal of water from North Slope streams is prohibited from November 1. to breakup, 14. Abandonment of vehicles is prohibited. 29 - 85-GC-19 CENERAL CONCURRENCE 85-GC-20 4/1/85 The following activity is consistent with the Alaska Coastal Management Program as per 6 AAC 50.050(c) and (a) when conducted according to the conditions listed below. This does not relieve the applicant from obtaining required permits and approvals from individual agencies. This concurrence is for a one year period, and will be reviewed by the agencies in December of 1985. DESCRIPTION OF THE ACTIVITY: Access by individuals or organizations by foot, vehicle or boat to a privately-owned parcel wholly or partially within a State park unit, when there is no reasonable aTternative route. This concurrence does not cover vehicle or equipment crossings of wetlands or fish streams. Authority: AS 41.20.040 11 AAC 18.020 Permit: Special Park Use Permit for Access STANDARD CONDITIONS: 1. Protection of Park Land or Property from Damage. Permittee shall exercise diligence in protecting from damage the land, property and resource of the State of Alaska in the area covered by and use in connection with this permit and shall pay the State for any damage resulting from negligence or from the violation of the terms of this permit or any law or regulation applicable to the use if. State parks by the permittee or by his/her agents and employees when acting within the scope of their employment or by his/her contractors and sub-contractors. 2. Non-ob3truction of Public Use. Permittee, employees, agents or clients shall not interfere with free public use of roads and trails in the area of their activ-ties, except as may be authorized by special stipulation in this permit. 3. Wheel or Tracked Vehicles. Activities employing wheeled or tracked vehicles when specifically allowed under the description of activities of the permit shall be conducted in such a manner as to minimize surface damage to park lands and resources. 4. Disturbance of Park Resources. All activities shall be conducted in a manner that will avoid or minimize disturbance of park resources including natural drainage systems. Cuts, fills or other activities causing any disturbance if not repaired immediately are subject to any corrective action as may be required by the State. S. Archaeological/Paleontological Discoveri Is. If, during excavation work, items of archaeological or paleontological values are discovered, the permittee will cease excavation in the area so affected. He will then notify the nearest State park of1ficial and will not resume excavation until written approval is given. 30 85-CC-20 CENERAL CONCURRENCE 85-GC-21 4/1/85 The following activity is consistent with the Alaska Coastal Management Program as per 6 AAC 50.050(c) and (e) conducted according to the conditions listed below. This does not relieve the applicant from obtaining required permits and approvals from individual agencies. This concurrence is for a one year period, and will be reviewed by the agencies in December of 1985. DESCRIPTION OF THE ACTIVITY: Construction and maintenance of docks, cabins, signs or buildings that are developed on State park lands, and are related to public use and enjoyment of or management and protection of park resources. Projects under this general concurrence cannot exceed $250,000 in Cost, require wetlands to be filled, or include work in fish streams. Authority: AS 41.20.040 11 AAC 12.140 11 AAC 12.150 Permit: Special Park Use Permit to construct and maintain structures in a State park. Region: Statewide STANDARD CONDITIONS: 1. Protection of Park Land or Propetty from Damar_. Permittee shall exercise diligence in protecting from damage the land, property and resource of the State of Alaska in the area covered by and use in connection with this permit and shall pay the State for any damage resulting from negligence or from the violation of the terms of this permit or any law or regulation applicable to the use if State parks by the permittee or by his/her agents and employees when acting within the scope of their employment or by his/her contractors and 3ub-contractors. 2. Non-obstruction of Public Use. Permittee, employees, agents or clients shall not interfere with free public use of roads and trails in the area of their activities, except as may be authorized by special stipulation in this permit. 3. Wheel or Tracked Vehicles. Activities employing wheeled or tracked vehicles when specifically allowed under the description of activities of the permit shall be conducted in such a manner as to minimize surface damage to park lands and resources. 4. Disturbance of Park Resources. All activities shall be conducted in a manner that will avoid or minimize disturbance of park resources including natural drainage systems. Cuts, fills or other activities causing any disturbance if not repaired immediately are subject to any corrective action as may be required by the State. S. Archa*ological/Paloontologfcal Discoveries. If, during excavation work, items of archaeological or paleontological values are discovered, the permittee will cease excavation in the area so affected. He will then notify the nearest State park official and will not resume excavation until written approval is given. 6. Sewage Disposal. A plan review for on-site sewage disposal system may be required by DEC. 7. Solid Waste Disposal. A solid waste disposal permit from DEC will be required if the applicant intends to dispose ;f solid waste on-site. - 31 - 85-CC-21 GENERAL CONCURRENCE 85-GC-22 4/1/85 The following activity is consistent with the Alaska Coastal Nanagement Program as per 6 AAC 50.050(c) and (a) when conducted according to the conditions listed below. This does not relieve the applicant from obtaining required p*rMit3 and approvals from individual agencies. This concurrence is for a one year periods and will be reviewed by the agencies in December of 1985. DESCRIPTION OF THE ACTIVITY: Activities which are inherently incompatible with State park purposes such as utility corridors, communication sites, buildings or other facilities or uses, but which have a benefit to the public at large. Projects under this general concurrence cannot exceed $250,000 in cost, require wetlands to be filled, or include work in fish streams, Authority: AS 41.20.040 11 AAC 18.010 Permit: State Park Incompatible Use Permit Region: Statewide STANDARD CONDITIONS: 1. Protection of Park Land or Property from Damage. Permittee shall exerciser diligence in protecting from damage the land, property and resources of the State of Alaska in the area covered by and used in connection with this permit and shall pay the State for any damage resulting from negli- gence or from the violation of the terms of this permit or any law or regulation applicable to the use of State parks by the permittee or by his/her agents and employees when acting within the scope of their employment or by his/her contractors and subcontractors. 2. Non-obstruction of Public Use. Permittee, employees, agents or clients shall not interfere with free public use of roads and trails in the area of their activities except as may be authorized by special stipulation in this permit. 3. Wheeled or Tracked Vehicles. Activities employed wheeled or tracked vehicles when specifically allowed under the description of activities of the permit shall be conducted in such a manner as to minimize surface damage to park lands and resources. 4. Disturbance of Park Resources. All activities shall be conducted in a manner that will avoid or minimize disturbance of park resources including natural drainage systems. Cuts, fills or other activities causing any disturbance if not repaired immediately are subject to any corrective action as may be required by the State. S. Garbage or Solid Waste Disposal. A solid waste disposal permit from DEC will be required if th* applicant intends to dispose of solid waste on-site. Garbage will be stored of in such a way as to not be an attractive nuisance to wildlife. Borrow Pits. Existing borrow pits, if used, shall be regularly smoothed and revegetated to the satisfaction of the State. 32 (continued) Page 2 7. Arr-haeoloitical/Paleontological Discoveries. If, during excavation work, items of archaeological or paleonotological value are discovered, the permittee will cease excavation in the are& so affected. He will then notify the nearest State park official and will not resume excavation until written approval is given. 8. On-site Sewage Disposal. A plan review for on-site sewage disposal system may be required by DEC. 33 85-GC-22 GENERAL CONCURRENCE 85-GC-23 4/l/85 The following activity has been proposed to be consistent with the Alaska Coastal Management Program as per 6 AAC 50.050(c) and (9) with the additions of the conditions listed below. This would not relieve the applicant from obtaining required permits and approvals from individual agencies. DESCRIPTION OF THE ACTIVITY: The establishment of temporary camps (for I year or less) on State owned land except in game refuges, critical habitat areas, or game sanctuaries, to support guiding, resource exploration or other activ- ities. Temporary camps do not require permanent improvement and can be established on one acre or less. Temporary camps consist of personal property that can easily be removed within 48 hours. Authority: AS 38.05.850 Permit: Land Use Permit (DNR) Region: Statewide STANDARD CONDITIONS: 1. On site disposal of solid and hazardous waste requires approval of the Alaska Department of En- vironmental Conservation (11 AAC 60.101) unless such waste is hauled out and disposed of in an approved disposal site. 2. Fuel storage facilities shall not be placed within 100 feet of water bodies and must be within an 0 impermeable diked area at 110 percent capacity of the largest independent fuel container. Mani- folded tanks or bladders must be considered as a container. Vehicle refueling shall not occur within the annual floodplain. 3. Site disturbance shall be kept to a minimum to protect local habitat. 4. All activities shall be conducted in a manner that will prevent disturbance of materials or drain- age systems that will cause a change in character, pollution, siltation of streams, lakes, ponds, waterho103, seeps and marshes, or disturb fish and wildlife resources. 5. Garbage will be stored or disposed of in such a way as to not be an at tractive nuisance to wild- life. Sites will be kept clean. 6. The permittee shall take all reasonable precautions to prevent, and all reasonable actions to suppress, forest, brush and grass fires. 7. The permittes may use dead 'or down timber but shall not cut standing timber on the promises unloss specifically authorized by the Division of Forestry, DNR. 8. Pormittes shall not close roads or trails or otherwise prevent overland access commonly used by the public on the premises. - 34 85-GC-23 10/l/84 Part C. INDIVIDUAL PROJECT REVIEWS An individual consistency review is required for projects requiring the following approvals. Those highlighted with asterisks are approvals for activities that have been proposed for a general concurrence type review. If a general concurrence (GC) has been approved, the number of that GC will be listed. Check to see if the GC covers the project in question. if not and until such reviews are completed, individual consistenc reviews are required. The appropriate revie4_S_C_h_e_d_U_1e__i_s_ indicate3. Since DNR disposals are not covered by the timeframes, an N/A for not applicable is indicated in the review schedule column. Review 3-chedule DEPARTMENT OF ENVIRONMENTAL CONSERVATION 50-day Air Quality Control Per- AS 46.020 mit to Operate (PSD) AS 46.03.140 18 AAC 15 (will likely require an AS 46.03.150 18 AAC 50 extended review & 160 due to complex issues) AS 46.03.170 18 AAC 50.300(c) & 710 50-day Solid Waste Management AS 46.03.020 Permit (includes disposal AS 46.03.100 of oil cleanup debris) AS 46.03.110 AS 46.03.120 18 AAC 15 AS 46.03.710 18 AAC 60 18 AAC 75 50-day Reclassification of AS 46.03.020 18 AAC 15 Waters of the State 18 AAC 70.055 (will likely require an extended review due to complex issues) 50-day Waste Disposal Permit AS 46.03.020 18 AAC 15 (Wastewater Discharge) AS 46.03.100 18 AAC 70 & 110 AS 46.03.120 18 AAC 72.010 & 710 50-day 401 Certifications--- AS 46.03.020 18 AAC 15 Certificate of Reason- (CWA (PL 95-2171 18 AAC 70 able Assurance Sec. 401) 18 AAC 72 50-day Oil Discharge Contingency AS 46.04.030 Plans for offshore facilities and onshore fuel storage facilities with a capacity of greater than 10,000 barrels 0 - 35 - 10/1/84 12/31/84 (revised) 4/l/85 (revised) 30-day Surface oiling As 46.03.020 18 AAC 15 84-GC-11 Permit As 46.03.710 18 AAC 75 AS 46.03 740 AS 46.03.755 50-day Permit to Apply As 46.03.04"0(10)(A) 84-GC-14 Pesticides AS 46.03.020(10)(G) AS 46.03.320 18 AAC 90.055 AS 46.03.330 AS 46.03.730 50-day oil discharge AS 46.03.020 18 AAC 75 84-GC-12 permit for scientific purposes 30-day Subdivision Plan 18 AAC 72.065 84-GC-16 Review and 17 30-day Air quality AS 46.020 18 AAC 15 84-GC-13 Control Permit AS 46.03.140 18 AAC 50 to Operate (non-PSD) AS 46.03.150 18 AAC 50.300(c) AS 46.03.160 50-day Fur Farm Permit AS 03.05.010-011 84-GC-15 DEPARTMENT OF NATURAL RESOURCES DISPOSALS Division of Agriculture N/A Lease of cleared or AS 38.07.010-050 drained agricultural land Division of Forestry N/A Timber Sales of AS 38.05.110-120 11 AAC 76.005-205 greater than 10 acres in spruce-hemlock coastal forests; greater than 40 acres in Interior forests south of the Alaska Range; greater than 160 acres in Interior forests north of the Alaska Range N/A Log salvage sales AS 38.05.110-120 11 AAC 76.005-205 36 10/1/84 Division of Land and Water Management N/A Sales of Land by AS 38.05.045-055 11 AAC 67.045 Auction or Lottery N/A Disposal of AS 30.06.069 11 AAC 67.160-192 Agricultural Interest N/A Homestead Disposals AS 38.09 11 AAC 67.005-155 N/A Opening of an Area AS 39.05.79 11 AAC 67 for Issuance of Rom te Cabin Permits N/A Dfsposal of Remote AS 39.05.077 11 AAC 67.110-135 Parcels N/A Lease of Land AS 38.05.320 11 AAC 67.045 N/A Grazing Lease AS-38.05.070 11 AAC 60.010-180 N/A Lease of Tidelands AS 38.05.320 11. AAC 62.010-840 N/A Right-of-way or AS 38.05.330 11 AAC 58.200 easement permits for roads, trails, ditches, pipelines, drill sites, log storage, telephone or transmission lines N/A Oil and natural gas AS 39.05.020(c) 11 AAC 80.005-055 pipeline right-of-way AS 38.35.010-260 leasing N/A Establish access AS 16.20.030(E) corridors across AS 16.20.036(F) Goose Bay Refuge, AS 16.20.038(F) SU31tna Flats Refuge, and Trading Day Refuge to private land N/A Material Sales, AS 38-05-110-120 11 AAC 71 except sales from approved upland sources N/A Water use permits, AS 46.15 11 AAC 93 except for withdrawals from sources classified as categorical or general concurrence approvals Division of Oil and Gas N/A Oil and gas AS 39.05.135 11 AAC 83 lease sales AS 38.05.145 AS 38.05.180 - 37 - 10/l/84 12/31/84 (revised) N/A Geothermal prospect AS 38.05.145 11 AAC 84.700(b) -ing permit AS 38.05.181(g) N/A Geothermal lease AS 38.05.145 11 AAC 84.700 sales AS 38.05.181(h) N/A oil shale lease AS 38.05 145 11 AAC 84.300 Division of Mining N/A Coal lease sales AS 38-05.150 11 AAC 84.100-170 N/A Coal prospecting AS 38.05.145 11,AAC 8.4-115-135- permit AS 38.05.150(c) N/A Phosphate lease AS 38.05.145 11 AAC 84.200 AS 38.05.155 N/A Sodium compound AS 38.05.145 11 AAC 84.400 prospecting permit AS 38.05.170 and lease N/A Sulfur prospecting AS 38-05.145 11 AAC 84.500 permit and lease AS 38.05 170 N/A Potassium compound AS 38-05.145 11 AAC 84.600 prospecting permit AS 38.05.175 and lease N/A Offshore mining AS 38.05.250(a) 11 AAC 86.500-535 prospecting permit N/A Upland mining lease AS 38.05.185 11 AAC 86.300-325 AS 38.05.250 N/A Offshore mining AS 38.05.145 11 AAC 86.545-570 lease and sales AS 38.05.250(b) PERMITS AND OTHER APPROVALS Division of Agriculture 50-day Approval of applica- AS 38.07.030 tion for clearing or draining of agricultural land in vicinity of state land 38 10/l/84 Division of Land and Water Management 50-day Approval of plan of As 38.05.020 11 AAC 62.700 operations or plan of As 38.05.320 development on leased lands (deadline does not apply when the plan is included in the lease at the time of the sale) 30-day General land use AS 38.05.330 permits, except for those classified as categorical or general concurrence approvals 30-day Tideland permits AS 38.05.320 11 AAC 62.720-830 30-day Temporary water use AS 46.15.150 11 AAC 93 permits for water withdrawals except for withdrawals from sources classified as categorical or general concurrence approvals Division of Oil and Gas 50-day Applications to AS 41.06.050 drill geothermal wells 50-day Plan of operations AS 38.05.135 11 AAC 83.158 on leased landg, AS 38.05.145 except for those AS 38.05.180 activities included in the General Concurrence category *30-day Miscellaneous land AS 38.05.020 11 AAC 96.010-140 use permit for AS 38.05.035 Seismic Activity AS 38.05.180 Division of mining 30-day Miscellaneous land AS 38.05.020 11 AAC 96.010-140 use permit for mining AS 38.05 035 activity or mineral AS 38.05.180 exploration - 39 - 10/l/84 4/l/85 (revised) 50-day Plans of operations AS 38.05.020 11 AAC 96.010-140 on leased lands or AS 38.05.035 land subject to an offshore prospecting permit *As per Approvals subject to AS 27.21.030 11 AAC 90.002 SCMCRA the Alaska Surface Coal Mining Control and Reclamation Act, other than Notices of Intent to Explore Division of Parks 30-day Authorization to AS 41.20.040 11 AAC 12.140 85-GC-21 Construct Structure in Parks *30-day Authorizations to AS 41.20.040 11 AAC 12.140 use explosives in State parks 50-day Permit for access AS 41.20.040 11 AAC 18.020 85-GC-20 across state park 50-day Incompatible use AS 41.20.040 11 AAC 18.010 85-GC-22 permit 40 H 5 DEPARTMENT or no An GAm-E 30-day Anaftorous Stream Permit AS 16.05.870 30-day Fish Passage Permit AS 16.05.840 Coastal Project Questionnaires are not required for Anadromous Stream and Fish Passage permits authorizing placement of drainage structures necessary to meet the conditions of COE Nationwide permit 330.5(14) provided that the project is on private land or a State-funded DOT/PF maintenance project within an existing State right-of-way. Coastal Project Questionnaires are not required for Anadromous Stream permits authorizing recreational placer mining when the suction dredge used has an opening less than 6" diameter; access is by existing road or trail or by boat and; activities do not occur on patented mining claims. 50-day Permit to Operate a Clam Dredge 5 AAC 38.050 50-day Scallop Dredge Permit 5 AAC 38.068 30-day Anadromous stream permits AS 16.05.870 for the following activities. 84-GC-6 1. Equipment crossings at established or traditional crossing site. 84-GC-7 2. Minor instream work to improve fish habitat. Habitat Protection Permits 50-day Refuges AS 16.20.060 50-day Critical Habitat Areas AS 16.20.260 50-day Game Sanctuaries AS 16.20.120-130 50-day Hatchery Permits AS 16.10.400-430 sn84090601wwd 41 - AppendLXB, Key FIRRytim APPENDIX B KEYPLAYERS Key Players are people whose names and phone numbers are needed and used on a regular basis. Key Players include coastal management staffs from the Division of Governmental Coordination (DGQ and other state agencies, Coastal Policy Council members, and district coastal coordinators. The BOLD subheadings in the following tables correspond to the geographical regions shown on Figures V-B. I and V-B.2. You will most frequently work with Key Players from the regions that include your district. Table V-B. 1 Coastal Policy Council members and alternates Table V-B.2 Coastal District Coordinators Table V-B.3 DGC coastal management staff contacts by district Table V-B.4 DCRA coastal management staff by district Table V-B.5 State of Alaska resource agency contacts by region Figure V-B. 1 Coastal management regions (for determining which coastal staff to contact, based on the location of the proposed project) Figure V-B.2 Agency regions (for determining which state resource agency staff to contact, based on the location of the proposed project) District Implementation Manual DATE Sept. 1988 PAGE B -I Northwest Alaska Bering Straits Upper Cook Inlet Prince William Sound Low6r Cook Inlet- Southwest Alaska Northern CPO0 Southeast Alaska Kodiak- Aleutian Southern Southeast Alaska a *0 40 s COASTAL Figure MANAGEMENT REGIONS TableV-B-1 Alaska Coastal Policy Council Members and Alternates LOCAL REPRESENTATIVES NOTE: The date in parentheses beside each member's name indicates the expiration date of his or her Coastal Policy Council term. Provided they retain their local elective office, public members serve until a replacement is appointed. NORTHWEST REGION Alternate: The Honorable Wilhe Goodwin, Jr. Mr. Harry Wilde, Sr. (9/88) Mountain Village City Council Mayor, City of Kotzebue P.O. Box 32085 P.O Box 334 Mountain Village, Alaska 99559 Kotzebue, Alaska 99752 UPPER COOK INLET REGION Alternate: Vacant Mr. Joseph Evans (9/88) BERING STRAITS REGION Anchorage Assembly 4741 Southpark Bluff Drive Mr. Johnson Eningowuk (9/89) Anchorage, Alaska 99516 Shishmaref City Council P.O. Box 72009 Alternate: Shishmaref, Alaska 99772 Mr. Craig Campbell Alternate: Anchorage Assembly 18324 Parkview Terrace Loop The Honorable Tim Towarak Eagle River, Alaska 99577 Mayor, City of Unalakleet P.O. Box 89 KODIAK-ALEUTIANS REGION Unalakleet, Alaska 99684 The Honorable Alex Samuelson (9/89) SOUTHWEST REGION Mayor, City of King Cove P.O. Box 37 Ms. Cheryl (Chow) Taylor (9/8 8) King Cove, Alaska 99516 Dillingham City Council P.O. Box 10051 Alternate: Vacant Dillingham, Alaska 99576 District Implementation Manual DATE Sept. 1988 PAGE B-3 LOWER COOK INLET REGION NORTHERN SOUTHEAST Mr. John L. Crawford (9/89) REGION Kenai Borough assembly The Honorable Lawrence E. Powell Drawer M (9/89) Seldovia, Alaska 99663 Mayor, City of Yakutat P.O. Box 159 Alternate: Yakutat, Alaska 99689 Ms. Betty Glick Alternate: Vacant Kenai Borough Assembly Box 528 SOUTHERN SOUTHEAST Kenai, Alaska 99611 REGION PRINCE WILLIAM SOUND Dennis L. McCarty, Esq. (9/89) Ketchikan Gateway Borough Mr. George Maykowskyj (9/88) 320 Bawden Street, #309 Valdez City Council Ketchikan, Alaska 99901 P.O. Box 307 Valdez, Alaska 99686 Alternate: Alternate: The Honorable Donald James, Sr. Mayor, City of Kake The Honorable Georgia Buck P.O. Box 500 Mayor, City of VAiittier Kake, Alaska 99830 P.O. Box 608 Whittier, Alaska 99693 STATE REPRESENTATIVES Division of Governmental Department of Commerce and Coordination Econon-dc Development Mr. Robert L. Grogan The Honorable Anthony Smith Com- Director missioner P.O. Box AW (MS 0165) P.O. Box D (MS 0800) Juneau, Alaska 99811 Juneau, Alaska 99811 (907) 465-3562 (907) 465-2500 Alternate: Vacant District Implementation Manual ,,DATE Sept. 1988 pAcE B-4 Alternate: Department of Fish and Game Mr. John Williams The Honorable Don Collinsworth Deputy Commissioner Commissioner P.O. Box D (NIS 0800) P.O. Box 3-2000 (MS 1100) Juneau, Alaska 99811 Juneau, Alaska 99802 (907) 465-2500 (907) 465-4100 Department of Community and Alternate: Regional Affairs Mr. Norman A. Cohen The Honorable David Hoffman Deputy Commissioner Commissioner P.O. Box 3-2000 (MS 1100) P.O. Box B (NIS 2100) Juneau, Alaska 99802 Juneau, Alaska 99811 (907) 465-4100 (907)465-4700 Department of Natural Resources Alternate: The Honorable Judith Brady Ms. Marty Rutherford Commissioner Director P.O. Box M (MS 1000) Municipal and Regional Assistance Juneau, Alaska 99811 Division (907) 465-2400 949 East 36th Ave., Suite 404 Alternate: Anchorage, Alaska 99508 (907) 561-8586 Ms. Lennie Gorsuch Department of Environmental Deputy Commissioner Conservation P.O. Box M (MS 1000) Juneau, Alaska 99811 The Honorable Dennis Kelso (907) 465-2400 Commissioner Department of Transportation and P.O. Box 0 (MS 1800) Public Facilities Juneau, Alaska 99811 (907) 465-2600 The Honorable Mark Hickey Commissioner Alternate: P.O. Box Z (MS 2500) Ms. Amy Kyle Juneau, Alaska 99811 Deputy Commissioner (907) 465-3900 P.O. Box 0 (NIS 1800) Alternate: Juneau, Alaska 99811 (907) 465-2600 Mr. Jeffrey Ottesen, Director Engineering and Operation P.O. Box Z (MS 2500) Juneau, Alaska 99811 (907) 465-2951 District Implementation Manual DATE Sept. 1988 PAGE B-5 TableV-B.2 Coastal District Coordinators NORTHWEST REGION SOUTHWEST REGION North Slope Borough Bristol Bay Borough Karla Kolash, ACMP Coordinator Dale Peters North Slope Borough Bristol Bay Borough P.O. Box 69 P.O. Box 189 Barrow, Alaska 99723 Naknek, Alaska 99633 PROFS: ZCKCNSB Phone: 246-4224 Phone: 852-2611 City of Bethel Northwest Arctic Borough Suzanne Little, Planner Mr. Jason Jessup City of Bethel Planning Director P.O. Box 388 Northwest Arctic Borough Bethel, Alaska 99559 P.O. Box 1110 Phone: 543-4456 Kotzebue, Alaska 99752 Phone: 442-2500 Bristol Bay Coastal Resource Service Area BERING STRAITS REGION Sue Flensburg Bristol Bay CRSA City of Nome P.O. Box 3110 Dillingham, Alaska 99576 Polly Prchal, City Manager PROFS: ZCECBRB City of Nome Phone: 842-2666 P.O. Box 281 Nome, Alaska 99762 Cefialiulriit (Yukon-Kuskokwim) Phone: 443-5242 Coastal Resource Service Area Bering Straits Coastal Resource Anna Phillip Service Area Coastal Management Coordinator Cefialiuldit CRSA Bryan MacLean, Program Director P.O. Box 1169 c/o City of Unalakleet Bethel, Alaska 99559 Box 28 PROFS: ZCACCEN Unalakleet, Alaska 99684 Phone: 543-2243 PROFS: ZCGCBRS Phone: 624-3062 District Implementation Manual DATE Sept. 1988 PAGE B-6 KODIAK ALEUTIANS REGION UPPER COOK INLET REGION Kodiak Island Borough Municipality of Anchorage Linda Freed Mark Dalton Director Department of Economic Community Development Department Development and Planning Kodiak Island Borough Municipality of Anchorage P.O. Box 1246 P.O. Box 196650 Kodiak, Alaska 99615-6340 Anchorage, Alaska 99519-6650 Phone: 486-5736 PROFS: ZCCCANC Phone: 343-4252 Aleutians East Borough Matanuska-Susitna Borough Marjorie Dunaway Aleutians East CRSA Claud Oxford P.O. Box 349 Planning Department Sand Point, Alaska 99661 Matanuska-Susitna Borough PROFS: ZCJCALE P.O. Box 1608 Phone: 383-2699 Palmer, Alaska 99645 PROFS: ZCRCMSB Aleutians West Coastal Resource Phone: 745-9669 Service Area Darcy Lockhart LOWER COOK INLET REGION Aleutians West CRSA P.O. Box 100460 Kenai Peninsula Borough Anchorage, Alaska 99510-0460 Phone: 276-7569 Sylvia Spearow PROFS: ZCGCAWC Kenai Peninsula Borough P.O. Box 850 City of St. Paul Soldotna, Alaska 99669 PROFS: ZCQCKPB Vern McCorkle Phone: 262-4441 City Manager City of St. Paul P.O. Box 29 PRINCE WILLIAM SOUND St. Paul, Alaska 99660 REGION Phone: 546-2331 City of Cordova Donald Moore City Manager City of Cordova P.O. Box 1210 Cordova, Alaska 99574 Phone: 424-6300 District Implementation Manual DATE Sept.1988 PAGE B-7 City of Valdez City and Borough of Juneau Pam Ulvestad Karen Boormarx/Murray Walsh City of Valdez Planning Department P.O. Box 307 City and Borough of Juneau Valdez, Alaska 99686 155 South Seward Street Phone: 835-4313 Juneau, Alaska 99801 Phone: 586-5235 City of Whittier City of Kake Doug Bolle City of Whittier Bill Cheney P.O. Box 608 Coastal Coordinator Whittier, Alaska 99693 City of Kake Phone: 472-2330 P.O. Box 500 Kake, Alaska 99830 PROFS: ZCCCKAK NORTHERN. SOUTHEAST Phone: 785-6448 REGION City of Pelican City of Angoon Jenny WeaveA Pauline Johnson Coastal Planner ACMP Coastal Coordinator City of Pelican P.O. Box 189 P.O. Box 733 Angoon, Alaska 99820 Pelican, Alaska 99832 Phone: 788-3653 Phone: 735-2202 City of Haines City and Borough of Sitka Walt Wilcox Stuart Denslow City Administrator City Administrator City of Haines City and Borough of Sitka P.O. Box 1049 304 Lake Street Haines, Alaska 99827 Sitka, Alaska 99835 Phone: 766-2231 Phone: 747-3294 City of Hoonah City of Skagway Sharon Parks Thomas Healy Clerk City Manager City of Hoonah City of Skagway P.O. Box 360 P.O. Box 415 Hoonah, Alaska 99829 Skagway, Alaska 99840 Phone: 945-3663 Phone: 983-2297 District Implementation Manual ,DATE Sept. 1988 PAGE B-8 City of Yakutat Ketchikan Gateway Borough Cheryl Easterwood Bill Jones Planner Planning Director City of Yakutat Ketchikan Gateway Borough P.O. Box 6 334 Front Street Yakutat, Alaska 99689 Ketchikan, Alaska 99901 Phone: 784-3323 PROFS: ZCHCKET Phone: 225-6151 SOUTHERN SOUTHEAST City of Klawock REGION Al Macasact, Sr. Annette Islands Indian Reserve City of Klawock (Metlakatla) P.O. Box 113 Klawock, Alaska 99925 Gordon Thompson Phone: 755-2261 Natural Resources Department Metlakatla, Alaska 99926 Phone: 886-5111 City of Craig Rochelle Rollenhagen City Planner City of Craig P.O. Box 23 Craig, Alaska 99921 PROFS: ZCVCCRG Phone: 826-3273 City of Hydaburg Adrian LeCornu City Administator City of Hydaburg P.O. Box 49 Hydaburg, Alaska 99922 Phone: 285-3793 District Implementation Manual DATE Sept.1988 PAGE B-9 TableV-B.3 Department of Governmental Coordination Coastal Management Staff Contacts by District NORTHWEST REGION KODIAK-ALEUTIANS REGION North Slope Borough, Kodiak Island Borough Northwest Arctic Borough Sara Hunt Jan Caulfield PROFS: Coastal Program Coordinator Phone: 465-3562 PROFS: GCHCJCM Phone: 465-3562 Aleutians East Borough Jan Caulfield BERING STRAITS REGION Coastal Program Coordinator PROFS; GCHCJCM City of Nome, Phone: 465-3562 Bering Straits CRSA City of St. Paul, Nancy Holguin Aleutians West CRSA PROFS: GCHCNAH Phone: 465-3562 Joaqlin Estus PROFS: GCHCJME Phone: 465-3562 SOUTHWEST REGION Bristol Bay Borough, UPPER COOK INLET REGION Bristol Bay CRSA Municipality of Anchorage, Sara Hunt Matanuska-Susitna Borough PROFS: GCHCSLH Phone: 465-3562 Nancy Holguin PROFS: GCHCNAH City of Bethel, Phone: 465-3562 Ceflaliulriit (Yukon-Kuskokwim) CRSA Joaqlin Estus PROFS: GCHCJME Phone: 465-3562 District Implementation Manual ,DATE Sept.1988 PAGE B-10 LOWER COOK INLET REGION SOUTHERN SOUTHEAST Kenai Peninsula Borough REGION Annette Islands Indian Reserve Nancy Holguin (Metlakatla), PROFS: GCHCNAH City of Craig, Phone: 465-3562 City of Hydaburg, Ketchikan Gateway Borough, and City of Klawock PRINCE WILLIAM SOUND REGION Nancy Holguin PROFS: GCHCNAH City of Cordova, Phone: 465-3562 City of Valdez, and City of Whittier Sara Hunt PROFS: Phone: 465-3562 NORTHERN SOUTHEAST REGION City of Angoon, City and Borough of Juneau, City of Kake, and City of Pelican Sara Hunt PROFS: Phone: 465-3562 City of Haines, City of Hoonah, City and Borough of Sitka, City of Skagway, and City of Yakutat Joaqlin Estus PROFS: GCHCJME Phone: 465-3562 District Implementation Manual .DATE Sept. 1988 PAGE B-11 TableV-B.4 Department of Community and Regional Affairs Coastal Management Staff by District NORTHWEST REGION City of Bethel, Cefialiulriit (Yukon-Kuskowim) North Slope Borough CRSA Diane Stevens Jim Duffy Fairbanks Bethel Phone: 452-7126 Phone: 543-3475 Northwest Arctic Borough KODIAK-ALEUTIANS REGION Clovis Bowles Nome Kodiak Island Borough Phone: 443-5457 Tom Peterson Kodiak BERING STRAITS REGION Phone: 486-7536 City of Nome, Aleutians West CRSA Bering Straits CRSA John Gliva Clovis Bowles Anchorage Nome Phone: 561-8586 Phone: 443-5457 Aleutians East CRSA SOUTHWEST REGION Christy Nfiller Anchorage Bristol Bay Borough, Phone: 561-8586 Bristol Bay CRSA Chow Taylor Dillingham Phone: 842-5135 District Implementation Manual ,DATE Sept.1988 PAGE B-12 UPPER COOK INLET REGION City of Angoon, City and Borough of Juneau, Municipality of Anchorage City of Kake, City of Hoonah, Dave Tremont City and Borough of Sitka, Anchorage City of Skagway, and Phone: 561-8586 City of Yakutat Matanuska-Susitna Borough Peter McKay Juneau Christy MiHer Phone: 465-4750 Anchorage Phone: 561-8586 SOUTHERN SOUTHEAST REGION LOWER COOK INLET REGION Annette Islands Indian Reserve Kenai Peninsula Borough (Metlakatla), City of Craig, Tom Peterson Ketchikan Gateway Borough, and Kodiak City of Klawock Phone: 486-7536 Peter Freer Juneau PRINCE WILLIAM SOUND Phone: 465-4750 REGION City of Cordova, City of Valdez, and City of Whittier John Gliva Anchorage Phone: 561-8586 NORTHERN SOUTHEAST REGION City of Haines, City of Pelican Tom Lane Juneau Phone: 465-4750 District Implementation Manual DATE Sept. 1988 PAGE B-13 Northern Region Southcentral Region Southeast Region AGENCY REGIONS Figure X-13.2 TableV-B.5 State of Alaska Resource Agency Contacts by Region SOUTHEAST REGION Activities on State I!ark Lands Department of Natural Resources DNR/Parks 400 Willoughby Ave. Oil and Gas Activities Juneau, Alaska 99801-1796 (907) 465-4563 DNR/OiI and Gas CONTACT: Linda Kruger Box 107034 Anchorage, Alaska 99510-7034 AR Other Activities (907) 762-2547 CONTACT: BW Van Dyke Southeast District Office DNR/Land and Water Management Mininji Activities 400 Wffloughby Ave. Juneau, Alaska 99801-1796 DNR/Mining (907) 465-3400 Box 107016 CONTACT: Andy Pekovitch Anchorage, Alaska 99510-7016 (907) 762-2163 CONTACT: Jerry Gallagher Department of Fish and Game Forestry Activities Habitat Division DNR/Forestry Department of Fish and Game 400 Wffloughby Ave. P.O. Box 20 Juneau, Alaska 99801-1796 Douglas, Alaska 99824-0020 (907) 465-2491 (907) 465-4290, 4654291 CONTACT: Jim McAllister CONTACT: Janet Hall RESPONSIBLE FOR: Haines, Agriculture Activities Juneau, Skagway DNR/Agriculture Department of Fish and Game 915 S. Bailey P.O. Box 667 P.O. Box 949 Petersburg, Alaska 99833 Palmer, Alaska 99645-0949 (907) 772-3801 (907) 745-7200 CONTACT: Don Cornelius CONTACT: Mark Weaver RESPONSIBLE FOR: Kake, Peters- burg, Wrangell District Implementation Manual DATE Sept. 1988 PAGE B-15 Department of Fish and Game SOUTHCENTRAL REGION 2030 Sealevel Drive, Room 205 Ketchikan, Alaska 99901 Department of Natural Resources (907)225-2027 CONTACT: Jack Gustafson Oil and Gas Activities RESPONSIBLE FOR: Craig, Hydaburg, Klawock, Ketchikan DNR/Oil and Gas Box 107034 Department of Fish and Game Anchorage, Alaska 99510-7034 State Office Building (907) 762-2547 P.O. Box 510 CONTACT: Bill Van Dyke Sitka, Alaska 99835 (907)747-5828 Mining Activities CONTACT: Dave Hardy RESPONSIBLE FOR: Angoon, DNR/Mining Hoonah, Pelican, Sitka Box 107016 Hatchery Permits Anchorage, Alaska 99510-7016 (907) 762-4222 DFG/FRED Division CONTACT: Jerry Gallagher 1255 West Eighth Street P.O. Box 3-2000 Forestry Activities Juneau, Alaska 99802-2000 (907) 465-4160 DNR/Forestry CONTACT: Jerry Madden Box 107005 Kevin Duffy Anchorage, Alaska 99510-7005 (907) 762-2123 Department of Environmental CONTACT: Dan Ketchum Conservation Agriculture Activities DEC/Southeast Office P.O. Box 2420 DNR/Agriculture 9000 Old Glacier Highway 915 S. Bailey Juneau, Alaska 99803 P.O. Box 949 (907) 789-3151 Palmer, Alaska 99645 CONTACT: Dick Stokes (907) 745-7200 CONTACT: Dean Brown Division of Governmental Coordination Activities on State Park Lands Division of Governmental DNR/Parks Coordination Box 107001 Pouch AW Anchorage, Alaska 99510-7001 431 N. Franklin Street (907) 762-4565 Juneau, Alaska 99811-0165 CONTACT: Al Meiners (907) 465-3562 CONTACT: Diane Mayer Lorraine Marshall District Implementation Manual ,DATE Sept.1988 PAGE B-16 All Other Activities Department of Environmental Public Information Conservation Southcentral District Office DEC/Southcentral Office DNR/Land and Water Management 437 E Street, Second Floor Box 107005 Anchorage, Alaska 99501 Anchorage, Alaska 99510-7005 (907) 274-2533 (907) 762-2270 CONTACT: Tim Rumfelt CONTACT: Janetta Pritchard Division of Governmental Department of Fish and Game Coordination DFG/Habitat Division Division of Governmental 333 Raspberry Road Coordination Anchorage, Alaska 99518-1599 2600 Denali Street, Suite 700 Anchorage, Alaska 99503-2798 CONTACT: Phil Bma RESPONSIBLE FOR:Kenai, Anchorage CONTACT: Gary Liepitz NORTHERN REGION RESPONSIBLE FOR:Cordova, Valdez Department of Natural Resources (907) 267-2284 Oil and Gas Activities CONTACT: Wayne Dolezal RESPONSIBLE FOR:Aleutians East, DNR/Oil and Gas Aleutians West, Bristol Bay CRSA, Box 107034 Ceflahulriit, Bethel, Kodiak) Anchorage, Alaska 99510-7034 (907) 762-2547 CONTACT: Cevin Gilleland CONTACT: John Whararn RESPONSIBLE FOR: Matanuska- Susitna Borough Mining Activities HatcheEX Pgrmits DNR/Mining Box 107016 DFG/FRED Division Anchorage, Alaska 99510-7016 1255 W. Eight Street (907) 762-4222 P.O. Box 3-2000 CONTACT: Jerry Gallagher Juneau, Alaska 99802-2000 (907)465-4160 Forest1y Ac vities CONTACT: Jerry Madden Kevin Duffy DNR/Forestry Box 107005 Anchorage, Alaska 99510-7005 (907) 762-4500 CONTACT: Dan Ketchum District Implementation Manual DATE Sept. 1988 PAGE B-17 Agriculture Activities Hatchery Permits DNR/Agriculture DFG/FRED Division 915 S. Bailey 1255 West Eighth Street P.O. Box 949 P.O. Box 3-2000 Palmer, Alaska 99645 Juneau, Alaska 99 802-2000 (907) 745-7200 (907) 465-4160 CONTACT: Mark Weaver CONTACT: Jerry Madden Activities on State Park Lands Kevin Duffy DNR/Parks Department of Environmental 4418 Airport Way Conservation Fairbanks, Alaska 99709 (907) 479-4136 DEC/Northern Office CONTACT: Al Meiners 1001 Noble Street, Suite 350 Dave Snarski Fairbanks, Alaska 99701 All Other Activities (907) 452-1714 CONTACT: Paul Bateman (Arctic) North Central District Office Joyce Beelman(Interior) DNR/Land and Water Management 4420 Airport Way Division of Governmental Fairbanks, Alaska 99709 Coordination (907) 479-2243 CONTACT: Gayle Berger Division of Governmental Coordination Department of Fish and Game 675 Seventh Avenue, Station H Fairbanks, Alaska 99701-4596 DFG/Habitat Division (907) 451-2818 1300 College Road CONTACT: Elizabeth Benson Fairbanks, Alaska 99709 Patti Wightman (907) 452-1531 CONTACT: Al Townsend (placer mining) Bob McLean (non-placer mining) CONTACT: Carl Hemming, CRSA RESPONSIBLE FOR: Bering Straits, Nome, North Slope Borough CONTACT: Matt Robus (Red Dog) Al Townsend (placer) RESPONSIBLE FOR: Northwest Arctic Borough District Implementation Manual DATE Sept. 1988 pAGE B- 18 r - - I Appendix C State and Federal Legislativeftattw4.4fovl, L Title 44 Chapter 19. Office of the Governor. Article 12. Office of Management and Budget. Section 141. Alaska office of management and 144. Powers and duties of the director budget 145. Functions and duties of the office 142. Director 152. Derinitions 143. Personnel NOTE: Only those sections of Article 12 related to the Alaska Coastal Management Program are reprinted hem Sec. 44.19.145. Functions and duties of the office. (a) The office shall (1) provide technical assistance to the governor and the legislature in identifying long range goals and objectives for the state and Its political subdivisions; (2) prepare and maintain a state comprehensive development plan; (3) provide information and assistance to state agencies to aid in governmental coordination and unity in the preparation of agency plans and programs; (4) review planning within state government as may be necessary for receipt of federal, state or other funds; (5) participate with other countries, provinces, states or subdivisions of them in international or interstate planning, and assist Alaska's local governments, governmental conferences and councils, in planning and coordinating their activities; (6) encourage educational and research programs that further state planning and development, and provide administrative and technical services for them; (7) publish such statistical information or other documentary mate- rial as will further the provisions and intent of AS 44.19.141 - 44.19.152; (8) assist the governor and the Department of Community and Regional Affairs in coordinating the activities of state agencies which have an impact on the solution of local and regional development prob- lems; (9) serve as a clearinghouse for information, data, and other mate- rials which may be helpful or necessary to federal, state or local govern- mental agencies in discharing their respective responsibilities or in obtaining federal or state financial or technical assistance; (10) review all proposals for the location of capital improvements by any state agency and advise and make recommendations concerning location of these capital improvements; 3 44.19.152 ALASKA STATUTES SUPPLEMENT � 44.19.152 (11) render, on behalf of the state, all federal consistency determina- tions and certifications authorized by 16 U.S.C. 1456 (� 307, Coastal Consistency Reviews Zone Management Act of 1972), and a conclusive state consistency determination when a project requires two or more state or federal permits, leases, or authorizations. (b) The office shall, in carrying out its functions, consult with local, regional, state and federal officials, private groups and individuals, and with officials of other countries, provinces and states, and may hold public hearings to obtain information for the purpose of carrying out the provisions of AS 44.19.141 - 44.19.152. (c) The governor may establish coordinating or advisory planning groups. (d) The office shall (1) coordinate its services and activities with those of other state departments and agencies to the fullest extent possible to avoid dupli- cation; (2) prepare an integrated annual report on the long-range development program of the state and submit it to the governor for incorporation into the governor's report to the legislature; (3) cooperate with the University of Alaska and other appropriate public and private institutions in research and investigations. (� 2 ch 103 SLA 1966; am � 2 ch 219 SLA 1970; am � 2 ch 60 SLA 1972; am �� 8, 10 ch 200 SLA 1972; am � 5 ch 207 SLA 1975; am � 20 ch 63 SLA 1983) Effect of amendments. - The 1983 changes, and in subsection (a) revised the amendment, effective July 15, 1983, sub- paragraph numbering and added para- 8 tituted "office" for "division" throughout graph (11). L the section, made other minor word Sec. 44.19.152. Definitions. In AS 44,19.141 - 44.19.152, (1) "director" means the director of the office of management and budget; (2) "office" means the Alaska office of management and budget. (� 1 ch 219 SLA 1970; am � 13 ch 207 SLA 1975; am � 21 ch 63 SLA 1983) Effect of amendments. - The 1983 "office of management and budget" for amendment, effective July 15, 1983, "division of policy development and repealed a former definition of "division." planning", added the definition of "office," in the definition of 'director" substituted and ordered the definitions alphabetically Article 13. Alaska Coastal Policy Council. Section Section 155. Alaska Coastal Policy Council 161. Duties of the council 160. Powers of the council 162. Council staff 4 � 44.19.155 STATE GovERNMENT � 44.19.155 Sec. 44.19.155. Alaska Coastal Policy Council. (a) There is cre- ated in the Office of the Governor the Alaska Coastal Policy Council. The council consists of the following: (1) nine public members appointed by the governor from a list Public Members comprised of at least three names from each region, nominated by the municipalities of each region; the nominees shall be the mayor or member of the assembly or council of a municipality; one public mem- ber shall be appointed from each of the following general regions: (A) northwest Alaska, including, generally, the area of the North Slope Borough and the Northwest Arctic regional educational atten- dance area; (B) Bering Straits, including, generally, the area of the Bering Straits regional educational attendance area; (C) southwest Alaska, including, generally, the area within the Lower Yukon, Lower Kuskokwim, Southwest, and Lake-Peninsula regional educational attendance areas and the Bristol Bay Borough; (D) Kodiak-Aleutians, including the area of the Kodiak Island Bor- ough and the Aleutian, Adak and Pribilof regional educational atten- dance areas; (E) Upper Cook Inlet, including the Municipality of Anchorage and the Matanuska-Susitna Borough; (F) Lower Cook Inlet, including, generally, the area within the Kenai Peninsula Borough; (G) Prince William Sound, including, generally, the area east of the Kenai Peninsula Borough to 141' W. longitude; (H) northern Southeast Alaska, including the area southeast of 141* W. longitude and north of 57" N. latitude, including the entirety of the City and Borough of Sitka; and (1) southern Southeast Alaska, including that portion of southeastern Alaska not contained within the area described in (H) of this paragraph; (2) each of the following: (A) the director of the office of management and budget; State Members (B) the commissioner of the Department of Commerce and Economic Development; (C) the commissioner of the Department of Community and Regional Affairs; (D) the commissioner of the Department of Environmental Conser- vation; (E) the commissioner of the Department of Fish and Game; (F) the commissioner of the Department of Natural Resources; and (G) the commissioner of the Department of Transportation and Pub- lic Facilities. (b) Each public member appointed by the governor under (a)(1) of Term of Of fice this section serves a term of two years and until his successor is appointed and qualified, except that the term of office of a public mem- 5 44.19.155 ALAsY.A STATuTEs SUPPLEMENT � 44.19.155 ber first appointed under (a)(1)(A), (a)(1)(C), (a)(1)(E) and (a)(1)(G) of this section shall be one year. A public member may be reappointed. (c) The council shall designate co-chairmen, one of whom shall be selected from among the public members appointed under (a)(1) of this section and one from among the members designated in (a)(2) of this section. (d) Each member of the council shall select one person to serve as a permanent alternate at meetings of the council. If a member of the Alternates council is unable to attend, the member shall advise the alternate who may attend and act in the place of the member. The alternate f6r- a public member appointed after July 9, 1978 under (a)(1) of this section shall, at the time of the alternate's designation and throughout the period of service as a permanent alternate, be the mayor or member of the assembly or council of a municipality within the region from which the permanent member is appointed. The alternate for the director of the office of management and budget, serving under (a)(2)(A) of this section, shall be the director's designee within that office. The alter- nate for a designated member serving under (a)(2)(B) - (G) of this section shall be a deputy commissioner of the department or the direc- tor of a division in the department. The names of alternates shall be filed with the council. (e) Four public members and three designated members of the coun- Quorum cil constitute a quorum, but one or more of the members designated by the council may hold hearings. All decisions of the council shall be by a majority vote of the members present and voting. (f) Members of the council or their alternates are entitled to per them and travel expenses authorized by law for members of boards and commissions. (g) If an incumbent public member ceases to meet the qualifications prescribed in (a)(1) of this section for nomination to the council or if a vacancy exists among the public members for any other reason except for a vacancy due to the expiration of the term of a public member, the Appointment of governor shall, within 30 days of the establishment of the vacancy by Unexpired Terms lack of qualification or other reason, make an appointment, to be immediately effective, for the unexpired portion of the term. An appointment by the governor made under this subsection to fill an unexpired term of a public member shall comply with the requirements of (a)(1) of this section; however, the governor may appoint from qualified persons without soliciting from municipalities nominations of persons to rill the unexpired portion of the term. (� 3 ch 84 SLA 1977; am Executive Order No. 39, � 11 (1977); am H 4, 5 ch 129 SLA 1978; am � � 22, 23 ch 63 SLA 1983) Effect of amendments. - The 1977 The 1983 amendment, effective July 15, amendment substituted "Department of 1983, in (a)(2)(A) substituted .. office of Transportation and Public Facilities" for management and budget" for "division of "Department of Public Works" in (a)iZtG). policy development and planning", and in subsection (d) added the sentence beginning "The alternate for the director" and made other minor word changes. 6 Sec. 44.19.160. Powers of the council. The council may (1) apply for and accept grants, contributions, and appropriations, including application for and acceptance of federal funds which may become available for coastal planning and management; (2) contract for necessary services; (3) consult and cooperate with (A) persons, organizations, and groups, public or private, interested in, affected by, or concerned with coastal area planning and management; (B) agents and officials of the coastal resource districts of the state, and federal and state agencies concerned with or having jurisdiction over coastal planning and management; (4) take any reasonable action necessary to carry out the provisions of AS 44.19.155 - 44.19.162. (� 3 ch 84 SLA 1977) Sec. 44.19.161. Duties of the council. In conformity with the Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1451 et seq.), the council shall (1) through the public hearing process and the recording of the minutes of the hearings, develop guidelines and standards for the pre- paration of, and approve, in accordance with AS 46.40, the Alaska coastal management program; (2) establish continuing coordination among state agencies to facili- tate the development and implementation of the Alaska coastal management program; in carrying out its duties under this paragraph, the council shall initiate an interagency program of comprehensive coastal resource planning for each georgraphic region described in AS 44.19.155(a)(1); (3) assure continued provision of data and information to coastal resource districts to carry out their planning and management functions under the program; (4) submit annually to the legislature, no later than the 10th day of each regular session, the portion of the coastal management program approved or amended by the council during the preceding year. (� 3 ch 84 SLA 1977) Sec. 44.19.162. Council staff. The council shall use the staff of the office of coastal management within the office of management and budget in discharging its powers and duties. The coordinator of the office of coastal management, under the direction of the council co-chair who is selected from among the members designated in AS 44.19.155@a)(2), may contract with or employ personnel or consultants the coordinator considers necessary to carry out the powers and duties of the council. (� 3 ch 84 SLA 1977; am � 24 ch 63 SLA 1983) Effect of amendments. - The 1983 policy development and planning," and in amendment, effective July 15, 1983, in the the wond sentence substituted "of coastal first sentence substituted "use" for "uti- Management ... in AS 44.19.155(a)(2)" for lize" and substituted "office of ", with the concurrence of the council" and management and budget" for "division of substituted "the coordinator" for "be." 7 Tide 46 Chapter 40. The Alaska Coastal Management Program. Article 1. Development of Alaska Coastal Management Program (H 46.40.010 - 46.40.100) 2. Coastal Management Programs in the Unorganized Borough (H 46.40.110 - 46.40.180) 3. General Provisions t�� 46.40.190 - 46.40.210) Opinions of attorney general. - The While federal land use decisions will not activities of lessees, permittees and other be governed or controlled by the state's private persons on nonexclusive federal coastal management program. they must. coastal lands remain subject to state to the degree that they directly affect regulatory authority - including the nonfederal coastal resources. conform to coastal management program - unless the state program to the maximum extent the particular state regulation is practicable. February 3. 19718, Op. Att'y preempted by, irreconcilably conflicts with Gen. or frustrates the purpose of another federal law. February 3, 1978, Op. Att'y Gen. Article 1. Development of Alaska Coastal Management Program. Section Section 10. Development of Alaska coastal man- 60. Review and approval by council agement program 70. Standards for council review and 20. Objectives approval 30. Development of district coastal man- 80. Effective date of Alaska coastal man- agement programs agement program 40. Duties of the Alaska Coastal Policy 90. Implementation of district coastal Council management programs 50. Action and submission by coastal 100. Compliance and enforcement resource districts Collateral references. - 78 Am. Jur. 65 CJ.S_ Navigable Waters, 40 10-18. 2d. Waters, H 59-116. 375-438. 20-132@ 93 C.J.S.. Waters. 1-85. 8 Sec. 46.40.010. Development of Alaska coastal management program. (a) The Alaska Coastal Policy Council established in AS 44.19.155 shall approve, in accordance with this chapter, the Alaska coastal management program. (b) The council may approve the Alaska coastal management pro- gram for a portion or portions of the coastal area before approving the complete program under (a) of this section. Portions of the program approved under this subsection shall be incorporated into the Alaska coastal management program. (c) The Alaska coastal management program shall be reviewed by the council and, when appropriate, revised to (1) add newly approved district coastal management programs, or revisions and amendments to the Alaska coastal management pro- gram; (2) integrate newly approved district coastal management pro- grams, or revisions and amendments of district coastal management programs, with existing approved programs and with plans developed by state agencies; (3) add new or revised state statutes, policies, regulations or other appropriate material; (4) review the effectiveness of implementation of district coastal management programs; and (5) consider new information acquired by the state and coastal resource districts. (d) All reviews and revisions shall be in accordance with the guidelines and standards adopted by the council under AS 46.40.040. (� 4 ch 84 SLA 1977) Revisor's notes. -- AS 44.19.155 was local coastal zone ordinances from substituted for AS 44.19.891 in subsection affecting any measure of control. In the is) to conform to the renumbering of that case of the latter. local coastal man- section by the revisor of statutes pursuant agement programs which are approved by to AS 01.05.031. the Alaska Coastal Policy Council and Opinions of attorney general. - The thus part of the Alaska Coastal Man- doctrine of federal preemption, derived agement Program will become one of the from the supremacy clause of the United touchstones in the state consistency deter- States Constitution, Article VI, clause 2. mination required by section 307(c)(3) of would not apply to state regulation of the Coastal Zone Management Act, 16 outer continental shelf activities in the U.S.C. � 1451 et seq. May 12, 1980, Op. coastal zone. May 12, 1980, Op. Att'y Gen. Att'y Gen. A municipality enacting a local district Reasonable restrictions on oil and gas coastal management program may restrict rn without activities embodied in a local coastal man- or exclude a use of state conce ' agement plan. incorporated into the falling afoul of Lhe constitutional limi- Alaska Coastal Management Program, tations in Alaska- Coast.. art. X. � 11 on would be enforceable against off-shore the exercise of municipal authority if that federal lessees. May 12. 1980, Op. Att'y restriction or e:w1u'sion is reasonable, Gen. within the meaning of AS 46.40.070(c). Municipal authority to regulate oil *nd May.1.2. 1980. O@. Att'y Gen. gas activities of federal lessees depends The Alaska Oi: and Gas Conservation upon whether the leases are on-shore or Act, AS 31.05.00" et eeq-, which mandates off-shore. In the case of the former, the doc- the conservation of oil and gas and trine of federal preemption may prohibit prohibits their waite. would not be contra. vened by a local coastai management pian which comports with the Alaska Coastal Management Program. May 12, 1980, Op. Att'y Gen. 9 Sec. 46.40.020. Objectives. The Alaska coastal management pro- gram shall be consistent with the following objectives: (1) the use, pasnagement, restoration and enhancement of the overall quality of the coastal environment; (2) the development of industrial or commercial enterprises which are consistent with the social, cultural, historic, economic and envi- ronmental interests of the people of the state-, (3) the orderly, balanced utilization and protection of the resources of the coastal area consistent with sound conservation and sustained yield principles; (4) the management of coastal land and water uses in such a manner that, generally, those uses which are economically or physically depen- dent on a coastal location are given higher priority when compared to uses which do not economically or physically require a coastal location; (5) the protection and management of significant historic, cultural, natural and aesthetic values and natural systems or processes within the coastal area; (6) the prevention of damage to or degradation of land and water reserved for their natural values as a result of inconsistent land or water usages adjacent to that land; (7) the recognition of the need for a continuing supply of energy to meet the requirements of the state and the contribution of a share of the state's resources to meet national energy needs; and (8) the full-and fair evaluation of all demands on the land and water in the coastal area. 0 4 ch 84 SLA 1977) Stated in HAmmond v. North Slope Borough, Sup. Ct. Op. No. 2499 (File No. 5550, 5558), W P.2d 750 (19M. Sec, 46.40.030. Development of district coastal management program . Coastal resource districts shall develop and adopt district coastal management programs in accordance with the provisions of this chapter. The program adopted by a coastal resource district shall be based upon a municipality's existing comprehensive plan or a new courprehensive resource use plan or comprehensive statement of needs, policies, objectives and standards governing the use of resources within the coastal area of the district. The program shall be consistent with -the guidelines and standards adopted by the council under AS 46.40.040 and shall include: (1) a delineation within the district of the boundaries of the coastal area subject to the district coastal management program; (2) a statement, list, or definition of the land and water uses and activities subject to the district coastal management program; (3) a statement of policies to be applied to the land and water uses subject to the district coastal management program; 10 0 (4) regulations, as appropriate, to be applied to the land and water uses subject to the district coastal management program; (5) a description of the uses and activities which will be considered proper and the uses and activities which will be considered improper with respect to the land and water within the coastal area; (6) a summary or statement of the policies which will be applied and the procedures which will be used to determine whether specific proposals for land or water uses or activities shall be allowed; and (7) a designation of, and the policies which will be applied to the use of, areas within the coastal resource district which merit special attention. (4 ch 84 SLA 1977) 0 at ~m~ur~v~e~y ~g~o~a~n~i~L ~- ~T~b~o ~S~d~"~6~= of MELON= MINE ~4~01~0~-~9 ~V~0~1~- ~k~y ~=~=~8q= ~am~p~h~n~in~d in the ~60 A~C~L do C~A~S~O~W I I A~AC ~9~5 ~b~w ~a~m~p~i~q"~Y ~p~r~om~m~"~ed t~h~e ad ~p~u~p-mi Mom~& ~G~N~M~W ~M~I~K~Y MEOW'S ~r~e~f~f~O~&~S~"~M~e~. a ~A~A~C ~f~al~w~o ~r~e~g~a~l~u~b~qm via be ~o~r~"~d to a aloe. is ~r~e~qp~l~a~ti~qf~qt ~U~m~b~or ~b~ar~v~a~t and ~4q=~q4~0~4q%~0~=~0 by ~w~a~g~a~i~n~g Ap~W 20. ~w~o~r~p~m~e~a~q ~a~w GIL OP. ~"~M~o~n~a~d~i~t~y ~h~r mom theft On ~4q= Ease a ~Mr~U~@- ~M~ur "Oak ~U~N~d~w the ~ar. loom u~t Gas" t ~co~n~e~w~a~n~c~y ism ~p~e~n~e of ~a~n~d~o~n~a~u~o a ~n~o~m~a~y ~u~sc~l~ow ~t~b~a Ap~hl ~qW ~L~n~L Op. A" GEL by Stated in Hammond v. North Slope Borough, Sup. Ct~. Op. No. 2499 (File No. 5550, ~q6558~), 645 P~.2d 750 ~(1982~). Sec. 46.40.040. Duties of the Alaska Coastal Policy Council. Through the public hearing process and the recording of the minutes of the hearings, the Alaska Coastal Policy Council shall (1) by regulation, adopt under the provisions of the Administrative Procedure Act (AS 44.62) not later than April 15, 1978, for the use of and application by coastal resource districts and state agencies for carrying out their responsibilities under this chapter; guidelines and standards for (A) identifying the boundaries of the coastal area subject to the district coastal management program; (B) determining the land and water uses and activities subject to the district coastal management program; (C) developing policies applicable to the land and water uses subject to the district coastal management program; ~q(D~q) developing regulations applicable to the land and water uses subject to the district coastal management program; (E) developing policies and procedures to determine whether specific proposals for the land and water uses or activities subject to the district coastal mans, ment program shall be allowed; (F) designating and developing policies for the use of areas of the coast which merit special attention; and (G) measuring the progress of a coastal resource district in meeting its responsibilities under this chapter; (2) develop and maintain a program of technical and financial assis- tance to aid coastal resource districts in the development and imple- mentation of district coastal management programs; (3) undertake review and approval of district coastal management programs in accordance with this chapter-, (4) initiate a process for identifying and managing uses of state concern within specific areas of the coast; ~8q(5~8q) develop procedures or guidelines for consultation and coordination with federal agencies managing land or conducting ~4q0 activities potentially affecting the coastal area of the state. ~4q(� 4 ch 84 S~32qLA 1977; am � I ch 129 S~32qLA 1978~4q) Effect of amendments. - The 1978 Editoes notes. - The regulations amendment substituted "not later than referred to in this section went into effect April 15, 1978" for "within six months of on July 18, 1978 and may be found at 6 the effective date of this act" in the AAC 80 and 6 AAC 85. introductory language of paragraph (1). Sec.. 46.40.050. Action and submission by coastal resource dis- tricts. Each coastal resource district shall make substantial progress, in the opinion of the council, toward completion of an approvable dis- trict coastal management program and shall complete and submit to the council for approval its program within 30 months of June 4, 1977 or within 30 months of certification of the results of the district's orga- nization, whichever is later. If, in the opinion of the council, after receipt of a written request for extension from the district which includes the reasons for the extension, an extension is considered proper, the council may grant an extension to a date which is not later than December 4, 1981, or to a date which is within 54 months of certification of the results of the district's organization, whichever is later. 4 ch 84 SLA 1977; am � 1 ch 66 SLA 1979) Effect of amendments. - The 1979 amendment added the second sentence. Sec. 46.40.060. Review and approval by council. (a) If, upon submission of a district coastal management program for approval, the council finds that the program is substantially consistent with the provisions of this chapter and the guidelines and standards adopted by the council and does not arbitrarily or unreasonably restrict or exclude uses of state concern, the council may grant summary approval of the district coastal management program, or may approve portions of the district program which are consistent. (b) If the council finds that a district coastal management program is not approvable or is approvable only in part under (a) of this section, it shall direct that deficiencies in the program submitted by the coastal resource district be mediated. In mediating the deficiencies. the council may call for one or more public hearings in the district. The council shall meet with officials of the coastal resource district in order to resolve differences. (c) If, after mediation, the differences have not been resolved to the mutual agreement of the coastal resource district and the council, the council shall call for a public hearing and shall resolve the differences in accordance with the Administrative Procedure Act (AS 44.62). After a public hearing held under this subsection, the council shall enter findings and, by order, may require (1) that the district coastal management program be amended to make it consistent with the provisions of this chapter or the guidelines and standards adopted by the council; 12 (2) that the district coastal management program be revised to accommodate a use of state concern; or (3) any other action be taken by the coastal resource district as appropriate. (d) The superior courts of the state have jurisdiction to enforce orders of the council entered under (c) of this section. (� 4 ch 84 SLA 1977) Opinions of attorney general. - The cil disposition of the plan under 6 AAC invalid provisions of AS 46.40.OSO are 85-150 or AS 44.62.520. April 29,1980, Op. severable from the remainder of the Atfy Gen. Coastal Management Act. Thus, council A municipality enacting a local district guidelines take effect when adopted in coastal management program may restrict accordance with the Administrative Proce- or exclude a use of state concern without dure Act@ AS 44.62. The effective date of falling afoul of the constitutional-limi- council action on district programs is tations in Alaska Const., art. X. � 11 on governed by the council's regulations and the exercise of municipal authority if that this section. April 29, 1980, Op. Att'y Gen. restriction or exclusion is reasonable, Council action on a district coastal man. within the meaning of AS 46.40.070(c). agement plan takes effect upon final coun- May 12. 1980, Op. Att'y Gen. See. 46.40.070. Standards for council review and approval. (a) The council shall approve a district coastal management program sub- mitted for review and approval if the program is consistent with the provisions of this chapter and the guidelines and standards adopted by the council. (b) Notwithstanding an inconsistency of a district coastal man. agement program submitted for review and approval with the guidelines and standards adopted, the council shall approve the pro- gram'if it finds that (1) strict adherence to the guidelines and standards adopted would result in a violation of another state law or policy; (2) strict adherence to the guidelines and standards adopted would cause or probably cause substantial irreparable harm to another inter- est or value in the coastal area of the district; or (3) the inconsistency is of a technical nature and no substantial harm would result to the policies and objectives of this chapter or the Alaska coastal management program. (c) In determining whether a restriction or exclusion of a use of state concern is arbitrary or unreasonable, the council shall approve the restriction or exclusion if it finds that (1) the coastal resource district has consulted with and considered the views of appropriate federal, state or regional agencies; (2) the district has based its restriction or exclusion on the availabil- ity of reasonable alternative sites; and (3) the district has based its restriction or exclusion on an analysis showing that the proposed use is incompatible with the proposed site. (d) A decision by the council under this section shall be given within 90 days. (� 4 ch 84 SLA 1977) 13 Opinions of artorney general. - or exclude a use of state concern without Reading subsectior. (b) as vesting local falling afoul of the constitutional limi- officials with compiete control over policy tations in Alaska Coast., art. X. � 11 on formulation would probably render the the exclusion of municipal authority if Alaska Coastal Management Act that restriction or exclusion is reasonable, unconsdtutionAl under Alaska ConsL. art. within the meaning of subsection (c). May VM, 1 2. May i2, 1980, Op. Att'y Gen. 12, 1980. Op. Att'y Gen. Reasonable restnctions on oil and gas The Alaska Oil and Gas Conservation activities embodied in a local coastal man- Act, AS 31.05.005 et seq., which mandates egement plan. incorporated into the the conservation of oil and gas and Alaska Coastal Management Program. prohibits their waste, would not be contra- would be enforceable against off-shore vened by a local coastal management plan federal lessees. May 12, 1980, Op. Att'y which comports with the Alaska Coastal Gen. Management Program. May 12. 1980, Op. A municipality enacting a local district Att'y Gen. coastal management program may restrict Sec. 46.40.080. Effective date of Alaska coastal management program The Alaska coastal management program adopted by the council, and any additions, revisions, or amendments of the program, take effect upon adoption of a concurrent resolution by a majority of the members of each house of the legislature or by a vote of the majority of the members of each house at the time the houses are convened in joint session to confirm executive appointments submitted by the governor. (� 4 ch 84 SLA 1977) Opinions of attorney gener&L - The invalid provisions of section are Under the decision in State v. A-LI.V.E. severable from the remainder of the Voluntary, Sup. Ct. Op. No. 2022 (File No. Coastal Management Act. Thus. council 3670), 606 P.2d 769 (1980), that the use of gWdelines take effect when adopted in legislative resolutions as a veto over regu- accordance with the Administrative Proce. lations, programs or other actions or dure Act. AS ".62. The effective date of proposed actions is conoutuUonally council action on district programs is impermissible except as expressly pro- governed by the council's regulations. and vided by the constitution. this section is AS 46.40.060. April 29, 1980, Op. Att'y invalid. March 6, 1980, Op. Att'y Gen. Geri. Council action on a district coastal man- &Cement plan takes effect upon final coun- cil disposition of the plan under 6 AAC 85-150orAS44.62.520. April 29,1980, Op. Att'y Gen. Sec. 46.40.090. Implementation of district coastal mana- gement programs. (a) A district coastal management program approved by the council and the legislature for a coastal resource dis- trict which does not have and exercise zoning or other controls on the use of resources within the coastal area shall be implemented by appro- priate state agencies. Implementation shall be in accordance with the comprehensive use plan or the statement of needs, policies, objectives and standards adopted by the district. (b) A coastal resource district which has and exercises zoning or other controls on the use of resources within the coastal area shall implement its district coastal management program. Implementation 14 shall be in accordance with the comprehensive use plan or the statement of needs, policies, objectives and standards adopted by the district. (� 4 ch 84 SLA 1977) Sec. 46.40.100. Compliance and enforcement. (a) Municpalities and state agencies shall administer land and water use regulations or controls in conformity with district coastal management programs approved by the council and the legislature and in effect. (b) On petition of a coastal resource district, a citizen of the district, or a state agency, showing that a district coastal management program AppeW to Council is not being implemented, enforced or complied with, the council shall convene a public hearing to consider the matter. A hearing called under this subsection shall be held in accordance with the Administra- tive Procedure Act (AS 44.62). After hearing, the council may order that the coastal resource district or state agency take any action which the council considers necessary to implement, enforce or comply with the district coastal management program. (c) In determining whether an approved district coastal man- agement program is being implemented, enforced or complied with by a coastal resource district which exercises zoning authority or controls on the use of resources within the coastal area, the council shall find in favor of the district if (1) zoning or other regulations have been adopted and are being enforced; (2) variances are being granted according to procedures and criteria which are elements of the district coastal management program, or the variance is otherwise approved by the council; and (3) procedures and standards adopted by the coastal resource district as required by this chapter or by the guidelines and standards adopted by the council and subsequently approved by the legislature have been followed and considered. (d) In determining whether a state agency is complying with a dis- trict coastal management program with respect to its exercise of regu- lation or control of the resources within the coastal area, the council shall find in favor of the agency if (1) the use or activity for which the permit, license or approval is granted is consistent with the district coastal management pror- am and regulations adopted under it; and (2) the use or activity for which the permit, license or approval is granted is consistent with requirements imposed by state statute, regu- lation, or local ordinance applicable to the use or activity. (e) The superior courts of the state have jurisdiction to enforce lawful orders of the council. (� 4 ch 84 SLA 1977) Opinions of attorney general. - As to grams, see notes under this heading effective date of coastal management pro- following AS 46.40.080. 15 Article 2. Coastal Management Programs in the Unorganized Borough. Section Section 110. Authority in the unorganized bor. 160. Organization at the direction of the ough council 120. Coastal resource semce areas 170. Preparation of district coastal man- 130. Organization of coastal resource ser- agement program by the Depart- vice area ment of Community and Regional 140. C4astal resource service -rea boards Affairs 150. Elections in coastal resource service 180. Approval of programs in coastal are" resource service areas Collateral references. - 78 Am. Jur. 65 CJ.S., Navigable Waters, 44 10-18, 2d. waters, f f 59-116, 375-438. 20-132; 93 U.S., Waters. H 71-85. Sec. 46.40.110. Authority in the unorganized borough. Under AS 29.03.020 and 46.40.110 - 46.40.180, the legislature authorizes organization of coastal resource service areas in the unorganized bor- ough and grants authority to the service areas which may be organized to perform the duties required under this chapter. (� 4 ch 84 SLA 1977) See. 46.40.120. Coastal resource service areas. (a) Except as otherwise provided in this section, each.regional educational atten- dance area established under AS 14.08.031 containing a part of the coastal area may be organized as a coastal resource service area. (b) The commissioner of the Department of Community and Consolidation of Regional Affairs may, after public hearings held in the area affected, REAM consolidate two or more regional educational attendance areas as a single coastal resource service area (1) if a substantial portion of the coastal area contains land and water area owned by the federal government over which it exercises exclusive jurisdiction or land held in trust by the federal government for Alaska Natives over which the state would not exercise control as to use; or (2) if, after giving due consideration to the standards applicable to incorporation of borough governments and the likelihood that a bor- ough will be incorporated within the area, the commissioner deter- mines that the functi lolls to be Oerformed under this chapter could be undertaken more efficiently through the combination of two or more regional educational attendance areas as a single coastal resource ser- vice area. (c) A determination under (b) of this section shall be made before organization of the coastal resource service area. (d) For purposes of coastal zone management only, the commissioner DivWon of REANs of the Department of Community and Regional Affairs may, after pub- 16 lic hearings held in the regional educational attendance area affected, divide an existing regional educational attendance area into no more than three coastal resource service areas according to geographic, cultural, economic, environmental, or other features relevant to coastal management planning. However (1) each coastal resource service area formed by dividing an existing regional educational attendance area must contain at least one first class city or home rule city; (2) a city within a coastal resource service area formed by dividing an existing regional educational attendance area may not elect to exclude itself from the coastal resource service area; and (3) a coastal resource service area formed before June 1, 1980 may not be divided for coastal management planning purposes. Q 4 ch 84 SLA 1977; am � 2 ch 129 SLA 1978; am �� 1, 2 ch 48 SLA 1980) Effect of amendments. - The 1978 The 1980 amendment inserted amendment deleted "and no later than six "otherwise" and deleted "(b) of" following months from the effective date of this act" "provided in" in subsection (a), and added from the end of subsection W. subsection (d). Sec. 46-40.130. Organization of coastal resource 4ervice area. (a) Oranigation of a coastal resource service area may be initiated (1) by submission to the council of a petition signed by a number of registered voters equal to 15 percent of the number of votes cast within the coastal resource service area at the last state general election; (2) by submission to the council of a resolution approved by the city council or traditional village council of not less than 25 percent of the number of cities and villages within the coastal service area; or (3) at the direction of a majority of the members of the council in the manner set out in AS 46.40.160. (b) Acting at the request of the council, the lieutenant governor, not less than 60 nor more than 90 days after receipt of a proper petition under (a)(1) of this section, a proper resolution under (a)(2) of this section, or at the direction of the council under (a)(3) of this section, shall conduct an election on the question of organization of a coastal resource service area. (� 4 ch 84 SLA 1977) Revisor's notes. - The word "by" was introductory language of that subsection added preceding "submission" in para- by the revisor of statute$ under AS graphs (1) and (2) of subsection (a P and 01.05.031. deleted following "may be initiated" in the See. 46.40.140. Coastal resource service area boards. (a) Each coastal resource service area, upon organization, shall have an elected board representing the population of the service area. The board shall have the powers and duties and perform the functions prescribed for or required of coastal resource districts. 17 (b) A coastal resource service area board shall contain seven mem- bers. Board members shall be elected at large by the qualified voters of tl-.,e coastal resource service area. (c) The commissioner of the Department of Community and Reg'anal Affairs, after consultation with residents of a coastal resource service area, may divide a service area into sections only for the Sectional C7SA purpose of nominating and electing board members. Division of a ser- Elections vice area into sections for the purpose of nomination and election shall be in accordance with the provisions of AS 14.08.051(a). Division may be proposed in the petition submitted under AS 46.40.130(a)(1), in the resolution submitted under AS 46.40.130(a)(2), at the direction of the council under AS 46.40.130(a)(3), or may be proposed at any time by the members of the coastal resource service area board. If proposed by the board, the division of the service area into sections is subject to approval of a majority of the qualified voters voting on the question in the coastal resource service area at the next regular election or at a special election called for that purpose and, if approved, takes effect at the next regular election of members of the coastal resource service area board. (d) The term of office of a member of a coastal resource service area board is three years, except that the terms of the members of the first Term of Office board elected after organization of a coastal resource service area shall be determined by lot, with two members serving one-year terms, two members serving two-year terms, and three members serving three-year terms. Members serve until their successors are elected and have qualified. Nothing in this section prohibits the reelection of a board member. (e) The lieutenant governor shall provide for the election of the members of coastal resource service area boards. The first election of board members shall occur not less than 60 nor more than 90 clays after certification of the results of an organization election under AS 46.40.130(b) in which a majority of votes cast favors organization of the coastal resource service area. (f) Except for the first election of members of coastal resource service area boards, elections shall be held annually on the date of election of members of regional educational attendance area boards under AS 14.08-071(b). (g) A vacancy on a coastal resource service area board shall be filled by appointment as provided in AS 14.08.041(a) for vacancies in the membership of regional educal6nal attendance area boards. (h) Members of coastal resource service area boards are subject to recall on the same grounds and in the same manner as provided for recall of municipal officials in AS 29.28.130 - 29.28.250. The lieutenant governor functions in place of the assembly or council and municipal clerk for receipt and review of recall petitions and the con- duct of recall elections. (� 4 ch 84 SLA 1977) 18 Sec. 46-40.150. Elections in coastal resource service areas. Organizat, on elections under AS 46.40.130 and other elections, includ- ing recall elections conducted under AS 46.40.140, shall be adminis- tered by the lieutenant governor in the general manner provided in the Alaska El;xtion Code (AS 15). In addition, the lieutenant governor may adopt regulations necessary to the conduct -of coastal resource service area board elections. The state shall pay all election costs. 0 4 ch 84 SLA 1977) Editor's notes. - The director of elec- istrative duties of the lieutenant governor tions has s=eeded to most of the admin- under AS 15.10.105. Sec. 46.40.160. Organization at the direction of the council. (a) Whenever it appears that major economic development activity will occur in a coastal resource service area or in waters adjacent to a coastal resource service area which has not been organized, the council may direct the lieutenant governor to submit to the voters of the ser. vice area the question of organization. The council may require an election on the question only after holding at least one public hearing within the area proposed for organization. (b) For purposes of this section, "major economic development activity" includes a call for nomination by the Secretary of the United States Department of the Interior for leasing of tracts within petroleum basins in waters of the outer continental shelf adjacent to the coastal resource service area or any other significant industrial or commercial activity which, in the opinion of the council, would commit the resources of the coastal area to a use of direct and significant impact upon the coastal waters of the state. (� 4 ch 84 SLA 1977) Sec. 46.40.170. Preparation of district coastal management program by the Department of Community and Regional Affairs. (a) If residents of a coastal resource service area reject organization of the service area at an election called for the purpose and the council finds, after public hearing, that major economic development activity has occurred or will occur within the service area, the council may direct the Department of Community and Regional Affairs to prepare and recommend for consideration by the council and for submission to the legislature a district coastal management program for the service area. (b) At the request of the council, the Department of Community and Regional Affairs shall complete the district coastal management pro- gram in accordance with this chapter and the guidelines and standards adopted by the council for a coastal resource service area which has been orgunized but which has failed to make substantial progress in the preparation of an approvable district coastal management program within 18 months of certification of the results of an organization election or which has not submitted for approval to the council a pro- 19 gram within 30 months of certification of the results of its organ' ;zation election. Preparation of the program shall be conducted in consul-ation with the coastal resource service area and shall, to the maximum extent consistent with this chapter, reflect the expressed concr-ras, of the residents of the service area. (c) Before requesting the department to complete the district coastal management program under (b) of this section, the council shall meet with the members of the coastal resource service area board to deter- mine whether the board is able to complete a. district coastai man- agement program within the time limitations established in this section. (� 4 ch 84 SLA 1977) Sec. 46.40.180. Approval of programs in coastal resource ser- vice areas. (a) Before adoption by a coastal resource service area board, or by the Department of Community and Regional Affairs under AS 46.40.170, a district coastal management program shall be sub- mitted for review to each city or village within the coastal resource service area. The council of a city or traditional village council shall consider the program submitted for review. Within 60 days of submission, the council of a city or traditional village council shall either approve the program or enter objections to all or any portion of the program. (b) If a city or village within a coastal resource service area fails to approve a portion of the district coastal management program prepared Vfflage Veto and submitted for approval under (a) of this section, the governing body shall advise the coastal resource service area board or the department, as applicable, of its objections to the proposed program and suggest alternative elements or components for inclusion in the district coastal management program. New matter submitted by a city or village which is substantially consistent with the guidelines and standards adopted by the council shall be accepted and the district coastal man- agement program modified accordingly. If a city or village fails to provide objections and suggested alternatives within the time limits established in this section, the coastal resource service area board or the department, as applicable, may adopt the district coastal man- agement program as initially offered. (c) Objection by a city council under (b) of this section is limited to objection to elements of the program affecting resources or the use of resources within the corporate limits of the city. Objection by a traditional village council under (b) of this section is limited to objec- tion to elements of the program affecting resources or the use of resources within the village or within two miles of the village. (d) For purposes of this section, "village" means an unincorporated community where at least 25 persons reside as a social unit as deter- mined by the Department of Community and Regional Affairs. 1 4 ch 84 SLA 1977) 20 ft Article 3. General Provisions. Swtion 190. Cooperative administration 200. State agencies 210. Definitions Collateral references. - 78 Am. Jur. 65 U.S., Navigable Waters. If 10-18, 2d. Waters, H 59-116, 375-438. 20-132; 93 CJ.S., Waters, If 71-85. Sec. 46.40.190. Cooperative administration. (a) A city within the coastal area which is not part of a coastal resource service area shall be included for purposes of this chapter within an adjacent coastal resource service area unless its governing body, by resolution adopted by a majority of its membership, chooses to exclude the city from an adjacent coastal resource service area and a copy of the resolution is filed with the commissioner of the Department of Community and Regional Affairs. (b) Nothing in this chapter restricts or prohibits cooperative or joint administration of ftinctions between a municipality and a coastal resource service area organized under the provisions of this chapter upon initiation of a mutual agreement for the purpose. A city which elects to be excluded from an adjacent coastal resource service area under (a) of this section shall enter into a mutual agreement for cooperative or joint administration of functions with the coastal resource service area board from the adjacent coastal resource service area. (� 4 ch 84 SLA 1977; am � 3 ch 48 SLA 1980) Effect of amendmenm - The 1980 "consents to the inclusion or, inserted amendment, substituted "a" for "an adja. 'from an adjacent coastal resource service cent" preceding "coastal resource", "shall area". all in subsection (a); and added the be included" for "may include itself", second sentence of subsection (b). "unless" for "if". "chooses to exclude" for See. 46.40.200. State agencies. Upon the adoption of the Alaska coastal management program, state departments, boards and commis- sions shall review their statutory authority, administrative regu- lations, and applicable procedures pertaining to land and water uses within the coastal area for the purpose of determining whether there are any deficiencies or inconsistencies which prohibit compliance with the program adopted. State agencies shall, within six months of the effective date of the Alaska coastal management program, take whatever action is necessary to facilitate full compliance with and implementation of the program, including preparation and submission of recommendations to the council for additional or amended legisla- tion. (� 4 ch 84 SLA 1977) 21 Sec. 46.40.210. Definitions. In this chapter, unless the context otherwise requires, (1! "area which merits special attention" means a delineated geo- graphic area within the coastal area which is sensitive to change or alteration &6d which, because of plans or commitments or because a ciaim on the resources within the area delineated would preclude sub- sequent use of the resources to a conflicting or incompatible use, warrants special management attention, or which, because of its value to the general public, should be identified for current or future planning, protection, or acquisition; these areas, subject to council defi- nition of criteria for their identification, include: (A) areas of unique, scarce, fragile or vulnerable natural habitat, cultural value, historical significance, or scenic importance; (B) areas of high natural productivity or essential habitat for living resources; (C) areas of substantial recreational value or opportunity; (D) areas where development of facilities is dependent upon the utilization of, or access to, coastal waters; (E) areas of unique geologic or topographic significance which are susceptible to industrial or commercial development; (F) areas of significant hazard due to storms. slides, floods, erosion or settlement; and (G) areas needed to protect, maintain. or replenish coastal land or resources, including coastal flood plains, aquifer recharge areas, beaches and offshore sand deposits; (2) "coastal resource district" means each of the following which contains a portion of the coastal area of the state: (A) unified municipalities established under AS 29.68.240 - 29.68.440; (B) organized boroughs of any class which exercise planning and zoning authority; (C) home rule and first class cities of the unorganized borough or within boroughs which do not exercise planning and zoning authority; (D) second class cities of the unorganized borough, or within bor- oughs which do not exercise planning and zoning authority, which have established a planning commission, and which, in the opinion of the commissioner of the Department of Community and Regional Affairs, have the capability of preparing and implementing a compre- hensive district coastal management program under AS 46.40.030; (E) coastal resource service areas established and organized under AS 29.03.020 and 46.40.110 - 46-40-180; (3) "council" means the Alaska Coastal Policy Council; (4) "department" means the Department of Community and Regional Affairs-, (5) "use of direct and significant impact" means a use, or an activity associated with the use, which proximately contributes to a material 22 change or alteration in the natural or social characteristics of a part of the state's coastal area and in which (A) the use, or activity associated with it, would have a net adverse effect on the quality of the resources of the coastal area; (B) the use, or activity associated with it, would limit the range of alternative uses of the resources of the coastal area; or (C) the use would, of itself, constitute a tolerable change or alter- ation of the resources within the coastal area but which, cumulatively, would have an adverse effect; (6) "uses of state concern" means those land and water uses which would significantly affect the long-term public interest; these uses, subject to council definition of their extent, include: (A) uses of national interest, including the use of resources for the siting of ports and major facilities which contribute to meeting national energy needs, construction and maintenance of navigational facilities and systems, resource development of federal land, and national defense and related security facilities that are dependent upon coastal locations; (B) uses of more than local concern, including those land and water uses which confer significant environmental, social, cultural, or eco- nomic benefits or burdens beyond a single coastal resource district; - (C) the siting of major energy facilities, activities pursuant to a state oil and gas lease, or large-scale industrial or commercial development activities which are dependent on a coastal location and which, because of their magnitude or the magnitude of their effect ori the economy of the state or the surrounding area, are reasonably likely to presert issues of more than local significance; (D) facilities serving statewide or interregional transportation and communication needs; and (E) uses in areas established as state parks or recreational areas under AS 41.21 or as state game refuges, game sanctuaries or critical habitat areas under AS 16.20. (� 4 ch 84 SLA 1977; am � 3 ch 129 SLA 1978) Effect of amendments. - The 1978 to a state oil and gas lease" in subpara- amendment inserted "activities pursuant graph (C) of paragraph (6). Revisor's notes. - Internal reference in paragraph i6)iE) was revised in 1983. 23 S-763 COASTAL ZONE MANAGEMENT ACT OF 1972 (PL 92-583. 16 U.S.C. 1451 et seq., October 27, 1972; Amended by PL 93-612. January 2, 1975; PL 94-370, July 26, 1976; PL 95-219, December 28, 1977; PL 95-372, September 18, 1978; PL 96-464, October 17, 1980; PL 98-620, November 11. 1984; PL 99-272. April 7. 1986) SHORT TITLE Lakes, territorial sea. and Outer Continental Shelf are placing stress on these areas and are creating the need SEC. 301. This title may be cited as the "Coastal Zone for resolution of serious conflicts among important and Management Act of' 1972**. competing uses and values in coastal and ocean waters. CONGRESSIONAL FINDINGS [Former 302(l)--(i) redesignated as (g)-U) by PL SEC. 302. The Congress rinds that - 96-4641 (a) There is a national interest in the effective manage- (g) Special natural and scenic characteristics are being ment. beneficial use. protection. and development of the damaged by ill-planned development that threatens these coastal zone. values. (b) The coastal zone is rich in a variety of natural. (h) In light of competing demands and the urgent need commercial. recreational. ecological. industrial, and esthetic to protect and to give high prioritv to natural systems in resources of immediate and potential value to the present the coastal zo 'ne. present state and local institutional and future well-being of the Nation. arrangements tor planning and regulating land and water (c) The increasing and competing demands upon the uses in such areas are inadequate. lands and waters of our coastal zone occasioned by pop- (i) The key to more effective protection and use of the ulation growth and economic development, including land and water resources of' the coastal zone is to en- requirements for industry, commerce, residential courage the states to exercise their full authority over the development. recreation. extraction of mineral resources lands and waters in the coastal zone by assisting the and fossil fuels. transportation and navigation, waste dis- states. in cooperation with Federal and local posal. and harvesting of fish. shellfish. and other living governments and other vitaliv alTected interests, in marine resources. have resulted in the loss of living developing land and water use programs for the coastal marine resources. wildlife. nutrient-rich areas. pcrma- zone. including unified policies. criteria. standards. nent and adverse changes to ecological systems. decreas- methods. and processes tor dealing with land and water ing open space for public use. and shoreline erosion. use decisions ol' more than local significance. (d) The coastal zone, and the fish. shellfish. other living 0) The national objective of attaining a grq;ter degree marine resources. and wildlife therein. are ecologically of energy self-sufficiency would he advanced by fragile and consequently extremely vulnerable to destruc- providing Federal financial assistance to meet state anil tion bv man*s alterations. local needs resulting from new or expanded enerp- activi- (e) Important ecological. cultural. historic. and es- ty in or affecting the coastal zone. thetic values in the coastal zone which are essential to the well-being of* all citizens are being irretrievably damaged CONGRESSIONAL DECLARATION OF POLICY or lost. SEC. 303. The Congress rinds and declares that it is (302(nadded by P L 96-4641 the national policy- (f). New and expanding demands for food. energy, (1) to preserve. protect. develop. and where possible. minerals, defense needs, recreation. waste disposal, to restore or enhance. the resources of the Nation's transportation. and industrial activities in the Great coastal zone for this and succeeding generations: 0 %bW*d by THE BUREAU OF NATIONAL AFFAIRS. INC.. wasmington. O.C. 20037 33 71:8002 FEDERAL LAWS (2) to encourage and assist the states to exercise of life and property in hazardous areas, and improved effectively their responsibilities in the coastal zone predictabilitv in governmental decisionmaking; and through the development and implementation of manage- (4) to encourage the participation and cooperation ment programs to achieve wise use of the land and water of the public. state and local governments. and resources of the coastal zone. giving full consideration to interstate and other regional agencies, as well as of the ecological. cultural. historic. and esthetic values as well Federal agencies having programs affecting the coastal as to needs for economic development. which programs zone. in carrying out the purposes of this title. should at least provide for- f303 revised by PL 96-464] (A) the protection of natural resources, including wetlands. floodplains, estuaries, beaches. dunes. barrier islands, coral reefs. and fish and wildlife and their DEFINITIONS habitat. within the coastal zone, SEC. 304. For the purposes of this title - (B) the management of coastal development to (1) The term -coastal zone- means thi coastal water-, minimize the loss of life and property caused by (including the lands therein and thereunder) and the adja- improper development in flood-prone, storm surge. cent shorelands (including the waters therein and geological hazard. and erosion-prone areas and in areas thereunder). strongly influenced bY each other and in of subsidence and saltwater intrusion. and by the proximity to the shorelines of the several coastal states. destruction of natural protective features such as and includes islands. transitional and intertidal areas. salt beaches. dunes. wetlands. and barrier islands. marshes. wetlands. and beaches. The zone extends. in (C) priority consideration being given to coastal- Great Lakes waters. to the international boundar% dependent uses and orderly processes for siting major between the United States and Canada and. in other facilities related to national defense. energy, fisheries areas. seaward to the outer limit of the United States development. recreation. ports and transportation, and territorial sea. The zone extends inland from the the location, to the maximum extent practicable. of new shorelines only to the extent necessarv to control commercial and industrial developments in or adjacent shorelands. the*uses of which have a direct and significant to areas where such development already exists. impact on the coastal waters. Excluded from the coastal (D) public access to the coasts for recreation zone are lands the use of'which is by law subject solely to purposes, the discretion ofor which is held in* trust b%- the Federal (E) assistance in the redevelopment of deteriorating Go.vernmcnt. its officers or agents. urban waterfronts and ports. and sensitive preservation and restoration of historic, cultural, and esthetic (304(2) added by PL 96-464] coastal features, (2) The term "coastal resource of national significanc6- (F) the coordination and simplification of procedures means any coastal wetland. beach, dune. barrier island. in order to ensure expedited governmental decision- reef. estuary, or fish and wildlife habitat, if anv making for the management of coastal resources. such area is determined by a coastal state to be @f (G) continued consultation and coordination with, substantial biological or natural storm protective value. and the giving of adequate consideration to the views (Former 304(-1)-(16) redesignated as (3)--(17) b@ of. affected Federal agencies, PL 96-4641 (H) the giving of timely and effective notification (3) The term "coastal waters" means (A) in the Great of. and opportunities for public and local government Lakes area. the waters within the territorial jurisdiction participation in. coastal management decisionmaking. of the United States consisting of the Great Lakes. their and connecting waters. harbors. roadsteads. and estuary-type (1) assistance to support comprehensive planning. areas such as bays. shallows. and marshes and (B0 in conservation. and management for living marine re- other areas. those waters. adjacent to the shorelines. sources. including planning for the siting of pollution which contain a measurable quantity or percentage of sea control and aquaculture facilities within the coastal zone, water. including. but not limiteil to. sounds. bays. and improved coordination between State and Federal lagoons. bayous. ponds. and estuaries. coastal zone management agencies and State and (4) The term "coastal state- means a state of the wildlife agencies, and United States in. or bordering on. the Atlantic. Pacific. (3) to encourage the preparation of special area or Arctic Ocean. the Gulf of Mexico. Long Island Sound. management plans which provide for increased specificity or one or more of the Great Lakes. For the purposes of in protecting significant natural resources, reasonable this title. the term also includes Puerto Rico. the.Virgin coastal-dependent economic growth, improved protection Islands. Guam. the Commonwealth of the Northern EnvOonnom PhWa to 34 COASTAL ZONE ACT Mariana Islands. and the Trust Territories of the any island. transitional area. and upland in. adjoining. or Pacific Islands. and American Samoa. adjacent to such estuary. and which constitute to the ex. [304(4) amended by PL 964641 tent feasible a natural unit. set aside to provide scientists (5) The term "coastal energy activity" means any of and students the opportunity to examine over a period of the following activities if. and to the extent that (A) the time the ecological relationships within the area. conduct. support. or facilitation of such activity requires (9) The term "Fund" means the Coastal Energy im. and involves the siting. construction. expansion. or pact Fund established by section 308(h). operation of any equipment or facility; and (8) any (10) The term "land use" means activities which are technical requirement exists which. in the determination conducted in. or on the shorelands within. the coastal of the Secretary. necessitates that the siting. construc- zone. subject to the requirements outlined in section tion. expansion. or operation ofsuch equipment or facili- 307(g). ty be carried out in. on in close proximity to. the coastal (11) The term "local government" means any political zone ofany coastal state: subdivision of'. or any special entity created by. any 6) Anv outer Continental Shelfenergy activity. 'w I a's coastal state which (in hole or part) s located in. or h (ii) Nn% transportation. conversion. treatment. authorit%, over. such state's coastal zone and which (A) transfer. or storage of liquefied natural gas. has au&rit% to lev% taxes. or to establish and collect (611 An% transportation. transfer. or storage of oil. - user fccs. or (H) provides an% public facility or public ser- natural gas. .or coal (including. but not limited to, b% vice which is financed in %%-hole or part by taxes or user mean% ol'an% deep-water port. as defined in section 306) fecs. The term includes. but is not limited to. anv school ofthe Deepwater Port Act ol'1974 (33 U.S.C. 1502( 10m. district. fire district. transportation authority. 'and any For purposes of this paragraph. the.siting. construc- other special purpose district or authoritV. tion. expansion. or operation ofany equipment or facilit% (12) The term "management program" includes. but is shall he *in close proximity to the coastal zone of any not limited to. a comprehensive statement in words. coastal state if such siting. construction. expansion. or mups. illustrations. or other media of* communication, operation has. or is likely to have.'a significant effect on prepared and adopted hy the state in accordance with the coastal zone. provisions of this title. 'setting forth objectives. policies. (6) The .term "energy facilities" means any equipment and standards to guide public and private uses of lands or lacilit% which is or will he used primaril% - and waters in the coastal zone. (A) in the exploration for. or the development. produc- tion'.- conversion. storage. transfer. processing, or (13) The term "outer continental shelf energy activity" transportation of. any energy resource: or means any exploration for. or any development or (B) for the manufacture. production, or assembly of production of'. oil or natural gas from the outer con- equipment. machinery. products. or devices which ar@ in- tinental shelf (as defined in section 2(a) of the Outer volved in any activity described in subparagraph (A). Continental Shelf Lands Act (43 U.S.C. 133 1 (a)). or the The term includes. but is not limited to (i) electric siting. construction. expansion. or operation of any new generating plants: 6i) petroleum refineries, and associated or expanded energy facilities directly required by such ex- facilities: (iii) gasification plants: (iv) facilities used for ploration. development. or'product'ion. the transportati .on. conversion. treatment. transfer. or (.14) The term "person" means any individual: any cor- storage of* liquefied natural gas. (v) uranium enrichment poration. partnership. association. or other entity or nuclear fuel processing facilities. (vi) oil and gas organized or existing under the laws of' any state: the facilities. including platforms. assembly plants. storage Federal Government. any state. rell7ional. or local govern- depots. tank farms. crew and supply bases, and refining ment: or anv entitv of any such Vederal. state. regional. coniplexe%: (vii) facilities including deepwater ports. for or local government. the trunsfer of' petroleum. (viii) pipelines and transmis- (15) The term -public facilities and public services** %ion facilities: and fix) terminals which are associated means facilities or services which are financed. in %vhole with an%. of the foregoing. or in part. by anv state or political subdivision thereof. (7) The term "estuary" means that part of a river or including, but not limited to. highways and secondarv stream or other body of water having unimpaired connec- roads. parking. mass transit. docks. na% ieation aids. fire tion with the open sca. where the sea water is measurably and police protection. water %uppl,. - waste collection and diluted with fresh water derived from land drainage. The treatment (including drainage). ,:hoofs and education. term includes estuary-type areas of the Great Lakes. and hospitals and health care. :iuch term inay also in- (8) The term "estuanine sanctuary" means a research clude any other facility or se--- cc so financed 'which the area which may include any part or all ofarLestuary and Secretary finds will support icreased population. PutWed by THE BUREAU OF NATIONAL AFFAIRS, INC.. Washington. D.C. 20037 36 71:8004 FEDERAL LAWS (16) The term "Secretary" means the Secretary of (7) A definition of the term 'beach' and a planning Commerce. process for the protection of. and access to. public (17) The term 'special atca management plan' beaches and other public coastal areas of environmental means a comprehensive plan providing for natural recreational, historical. esthetic. ecological. or culturai resource protection and reasonable coastal-dependcnt value. economic growth containing a detafled and comprehensive (8) A planning process for energy facilities likely to be statement of policies; standards and criteria to guide located in. or which may significantly affect. the 'coastal public and private uses of lands and waters. and zone, including. but not limited to. a process for an- mechanisms for timely implementation in specific ticipating and managing the impacts from such facilities. geographic areas within the coastal zone. (9) A planning process for (A) assessing the effects of [304(17) added by PL 96-4641 shoreline erosion (however caused), and (B) studying and (18) The term "water use" means activities which arc evaluating ways to control. or lessen the impact of. such conducted in or on the water: but does not mean or in- erosion. and to restore areas adversely affected by such clude the establishment or any water quality standard or erosion. criteria or the regulation of the discharge or runoff of No management program is required to meet the re- water pollutants except the standards. criteria. or quirements in paragraphs (7), (8). and (9) beforc October regulations which are incorporated in any program as 1. 1978. required by the provisions of section 307(f). W The Secretary may make a grant annually to any coastal state for @he purposes described in subsection (a)(1) if such state reasonably demonstrates to the MANAGEMENT PROGRAM DEVELOPMENT satisfaction of the Secretary that such grant will be used GRANTS to develop a management program consistent with the SEC. 305. (a) The Secretary may make grants to any requirements set forth in section 306. The amount of any coastal state - such grant shall not exceed 80 per centurn of such state's (1) under subsection (c) for the purpose of assisting costs for such purposes in any one year. No coastal state such state in the development of a management program is eligible to receive more than four grants pursuant to for the land and water resources of its coastal zone. and this subsection. After the initial grant is made to any (2) under subsection (d) for the purpose of assisting c6astal state pursuant to this subsection. no subsequent such state in the completion of the development. and the grant shall be made to such state pursuant to this subsec- initial implementation, of its management program tion unless the Secretary finds that such state is satisfac- before such state qualifics for administrative grants un- torily developing its management program. der section 306. (dX 1) The Secretary may make a grant annually to any (b) The management program for each coastal state coastal state for the purposes described in subsection shall include each of the following requirements: (aX2) if the Secretary finds that such state meets the (1) An identification or the boundaries of the coastal eligibility requirements set forth in paragraph (2). The zone subject to the management program. amount of any such grant shall not exceed 80 per centum t2) A definition of what shall constitute permissible of the costs for such purposes in any one year. land uses and water uses within the coastal zone which (2) A coastal state is eligible to receive grants under have a direct and significant impact on the coastal this subsection if it has - waters. (A) developed a management program which - (3) An inventory and designation of areas of particular (i) is in compliance with the rules and regulations concern within the coastal zone. promulgated to carrv out subsection (b). but (4) An identification of the means by which the state 60 has not yet been approved by the Secretary-under proposes to exert control over the land uses and water section 306; uses referred to in paragraph (2). including a listing of (B) specifically identified. after consultation with the relevant constitutional provisions. laws. regulations. and Secretary. any deficiency in such program which makes judicial decisions. . it ineligible for approval by the Secretary pursuant to sec- (5) Broad guidelines on priorities of uses in particular tion 306. and has establis6d a reasonable time schedule areas. including specifically those uses of lowest priority. during which it can remedy any such deficiency: (6) A description of the organizational structure (C) specified the purposes for which any such grant will proposed to implement such management program. in- be used: cluding the responsibilities and interrelationships of (D) taken or is taking adequate steps to meet"any re- local. areawide, state. regional. and interstate agencies in 4uirement under section 306 or 307 which involves any the management process. Federal official or agency: and EnvW*nffwffl PAWOrWr 36 S-763 COASTAL ZONE ACT 71:8W5 (E) complied with any other requirement which the management program. if the state matches any such Secretary. by rules and regulations. prescribes as being grant according to the following ratios of Federal to necessary and appropriate to carry out the purposes of state contributions for the applicable fiscal year: 4 to I this subsection. for fiscal year 1986; 2.3 to I for fiscal year 1987, 1.5 to 1 (3) No management program for which grants are for fiscal year 1988; 1 to I for any fiscal year after fiscal made under this subsection shall be considered an ap- year 1988. The Secretary may make the grant only if the proved program for purposes of section 307. Secretary- (e) Grants under this section shall be made to. and (1) rinds that such program meets the requirements allocated among. the coastal states pursuant to rules and of section 305(b). regulations promulgated by the Secretary: except that - (2) approves such program in accordance with (1) no grant shall be made under thi's section in an subsections (c). (d) and (c). and amount which is more than 10 per centum of the total (3) rinds. if such program has been administered with amount appropriated to carry out the purposes of this financial assistance under this section for at least one section. but the Secretary mav waive this limitation in year, that the coastal state will expend an increasing the case of any coastal state %@hich is eligible for grants proportion of each grant received under this section under subsection (d): and (but not more than 30 per centurn of the grant unless (2) no grant shall he made under this section in an the state chooses to expend a higher percentage) amount which is less than I per centurn of the total on activities that will result in significant improvement amount appropriated to carry out the purposes of this being made in achieving the coastal management section. hut the Secretarv shall waive this limitation I n objectives specified in section 303(2)(A) through (1). the case of anv coastal state which requests such a waiver. For purposes of this subsection, the costs of administer- (1) The amount of any grant (or portion thereof) made ing a management program includes costs incurred in under this section whiih is not obligated by the coastal the carrying out, in a manner consistent with the state concerned during the fiscal year for which it was procedures and processes specified therein, of projects first authorized to be obligated by such state. or during and other activities (other than those of a kind the Fiscal vear immediately following, shall revert to the referred to in clauses ' (A), (B). or (C) of section Secretarv'who shall add such amount to the funds 306A(c)(2) that are necessary or appropriate to the implementation of the management program. available lor grants under this section. W With the approval of the Secretary. any coastal [306(a) revised by PL 96-464; PL 99-272] state may allocate to any local government, to any areawide agency designatcd under section 204 of the (b) Such grants shall be allocated to the states with ap- Demonstration Cities and Metropolitan Development proved programs based on rules and regulations Act of 1966. to any region : agency. or to any interstate promulgated by the Secretary which shall take into ac- agency. a portion of any grant received by it under this count the extent and nature of the shoreline and area section for the purpose of carrying out the provisions of covered by the plan. population of' the arca. and other this section. relevant (actors: Provided. That no annual grant made (h) An% coastal state which has completed the develop- under this section shall be less than I per centurn of ment of its management program shall submit such the total amount appropriated to carry out the purposes program to the Secretary for review and approval pur- of this section: .4 nd provided further. that the Secretar% suant to section 306. W6never the Secretary approves shall waive the application of the I per centum minimum' the management program of any coastal state under sec- requirement as to any grant under this section, when the tion 306. such state thereafter - coastal State involved requests such a waiver. (I) shall not be eligible for grants under this section. [306(b) amended by PL 93-612. PL 964641 except that such state may receive grants under subsec- tion (c) in order to comply with the requirements of (c) Prior to granting approval of a management paragraphs (7). (8). and (9) of subsection (b); and program submitted by a coastal state. the Secreta@% shall (2) shall be eligible for grants under section 306. find that: (i) The authoritv to make grants under this section (1) The state has developed and adopted a manage- shall expire on September 3. 1979. ment program for its coastal zone in accordance with ADMINISTRATIVE GRANTS rules and regulations promulgated by the Secretary. after notice. and with the opportunity of' full p;trticipation b% SEC. 306. (a) The Secretary may make grants to any relevant Federal agencies. state agencies. local coastal state for the purpose of administering that state's governments. regional organizations. port authorities. 5-16416 Published by THE BUREAU OF NATONAL AFFAIRS. INC.. WaShOV10h, D.C. 20037 37 71:8006 FEDERAL LAWS and other interested parties. public and private. which is plementing the management program required under adequate to carry out the purposes of this title and is con- paragraph (1) of this subsection. sistent with the policy declared in section 303 of this title. (6) The state is organized to implement the manage- (2) The state has: ment program required under paragraph (1) of this sub- (A) coordinated its program with local. areawide. and section. interstate plans applicable to areas within the coastal (7) The state has the authorities necessary to implement zone existing on January I of the year in which the state's the program, including the authority required under sub. management program is- submitted to the Secretary. section (d) of this section. which plans have been developed by a local government, (8) The management program provides for adequate an areawide agency designated pursuant to regulations consideration of the national interest involved in plan- established under section 204 or the Demonstration ning for. and in the siting of. facilities (including energy Cities and Metropolitan Development Act or 1966. a facilities in. or which significantly affect. such state's regional agency. or an interstate agency: and coastal zone) which are necessary to meet requirements (8) established an effective mechanism for continuing which are other than local in nature. In the case of such consultation and coordination between the management energy facilities. the Secretary shall rind that the state agency designated pursuant to paragraph (5) of this sub- has given such consideration to any applicable interstate energy plan or program. section and with local governments. interstate agencies. regional agencies. and areawide agencies within the (9) The management program makes provision for coastal zone to assure the full participation of such local procedures whereby specific areas may be designated for governments and agencies in carrying out the purposes of the purpose of preserving or restoring them for their con- this title: except that the Secretary shall not rind any servation. recreational. ecological. or esthetic values. mechanism to be 'effective' for purposes of this sub- (d) Prior to granting approval of the management paragraph unless it includes each of the following re- program. the Secretary shall rind that the state. acting quirements: through its chosen agency or agencies. including local (i) Such management agency is required. before im- governments, areawide agencies designated under section plementing any management program decision which 204 of the Demonstration Cities and Metropolitan would conflict with any local zoning ordinance. decision. Development Act of 1966. regional agencies. or interstate or other action. to send a notice of such management agencies. has authority for the management of the program decision to any local government whose zoning coastal zone in accordance with the management authority is 'affected tliereby. program. Such authority shall include power - (ii) Any such notice shall provide that such local (1) to administer land and water use regulations. con- government may. within the 30-day period commencing trol development in order to ensure compliance with the on the date of receipt of such notice. submit to the management program. and to resolve conflicts among management agency written comments on such manage- competing uses: and ment program decision. and any recommendation for (2) to acquire fee simple and less than fee simple in- alternatives thereto. if no action is taken during such terests in lands. waters. and other property through con- period which would conflict or interfere with such management program decision. unless such local govern- demnation or other means when necessary to achieve ment waives its right to comment. conformance with the management program, (iii) Such management agency. if any such comments (e) Prior to granting approvil. the Secretary shall also are submitted to it. with such 30-day period. by any local rind that the program provides: government - (1) for any one or a combination of the following (1) is required to consider any such comments. general techniques for control of land and water-uses (11) is authorized. in its discretion. to hold a public within the coastal zone: hearing on such comments. and (A) State establishment of criteria and standards for (111) may not take any action within such 30-day local implementation. subject to administrative review period to implement the management program decision. and enforcement of compliance. whether or not modified on the basis of such comments. (8) Direct state land and water use planning and (3) The state has held public hearings in the develop- regulation: or ment of the management program. (C) State administrative review for consistency with (4) The manage@nent program and any changes thereto the management program of all development plans. pro- have been reviewed and approved by the Governor. jects. or land and water use regulations. including @xcep- (5) The Governor of the state has designated a single tions and variances thereto. proposed by any state or agency to receive and administer the grants for im- local authority or private developer. wi6 pow'er to ap- 8"ho- 0 pspwll@ 30 S-763 COASTAL ZONE ACT 71:8007 prove or disapprove after public notice and an opportuni- the management program into a single unified program ty for hearings. and that the unified program will be completed as soon as (2) for a method ofassuring that local land and water is reasonably practicable. use regulations within the coastal zone do not un- (i) The coastal states are encouraged to provide in reasonablv restrict or exclude land and water uses of their management programs for- regional 6enefit. (A) the inventory and designation of areas that (1) With the approval of the Secretary. a state may contain one or more coastal resources of national. allocate to a local government. an areawidc agency significance. and designated under section 204 of the Demonstration Citi@s (B) specific and enforceable standards to protect and Metropolitan Development Act of 1966. a regional such resources. agency. or an interstate agency, a portion of the grant un- If the Secretary determines that a coastal state has der 6is section for the purpose of carrying out the failed to make satisfactory progress in the activities provisions of this section. Provided. That such allocation described in this subsection by September 30. 1984. the shall not relieve the state of the responsibility for en- Secretary shall not make any grants to such state suring that any funds so allocated are applied in provided under section 306A aher such date. furtherance of such statc*s approved management [306(i) added by PL 96-464] program. (Editor's notc Section 5(b) of PL 96-464 piovides: (S) Any. coastal state may amend or modify the "(b) The amendments made by subsection (aX 1) management program which it has submitted and which and (2)* of this section apply with respect to grants has been approved by the Secretary under this section. made after September 30, 1980, under section 306 of pursuant to the required procedures described in subscc- the Coastal Zone Management Act of 1972 and. tion (c), and subject to the following conditions: within two hundred and seventy days after such date. (1) The state shall promptly notify the Secretary of the Secretary of Commerce shall issue regulations any proposed amendment, modification or other pro- relating to the administration of subsection (a) of gram change and submit it for Secretarial approval. The such section 306 (as so amended by such subsection Secretary may suspend all or part of any grant made (a)( I under this section pending state submission of the pro- posed amendments, modification or other program RESOURCE MANAGEMENT change. IMPROVEMENT GRANTS (2) Within 30 days from the date on which thr [306A added by PL 96-464] Secretary receives any proposed amendment, the Secre- tary shall notify the state whether the Secretary ap- SEC. 306A. (a) For purposes of this section- proves or disapproves the amendment, or whether the (1) The term 'eligible coastil state' means a coastal Secretary finds it is necessary to extend the review of the state that for any fiscal year for which a grant is proposed amendment for a period not to exceed 120 days applied for under this section- from the date the Secretary received the proposed ((A) has a management program approved uMer amendment. The Secretary may extend this 120-day section 306. and -(B) in the judgment of the Secretary, is making period only as necessary to meet the requirements of the National Environmental Policy Act (42 U.S.C. 4321 et satisfactory progress in activities designed to result in seq.). significant improvement in achieving the coastal manage- (3) The state may not implement any proposed ment objectives specified in section 303(2)(A) through amendment as part of its approved program pursuant to 0). section 306. until after the proposed amendment has (2) The term 'urban waterfront and port' means any been approved by the Secretary. developed area that is densely populated and is being 1306(g) revised by PL 99-272] used for. or has been used for, urban residential recreational, commercial. shipping or industrial pur- poses. (h) At the discretion of the state and with the approval (b) The Secretary may make grants to any eligible of the Secretary. a management program may be coastal state to assist that state in meeting one or developed and adopted in segments so that immediate more of the following objectives: attention may be devoted to those areas within the coastal zone which most urgently need management programs. Provided. That the state adequately provides *Subsections (axi) and (2) amended Section 306(a) and (h). for the ultimate coordination of the various segments of respectively. of this Act. Puwmed oy THE BUREAU OF NATKWL AFFAIR& INC.. Washington. D.C. 20037 39 71:8008 FEDERAL LAWS (1) The preservation or restoration of specific areas 1.5 to I for fiscal year 1988; and I to I for each fiscal of the state that (A) are designated under the manage- year after fiscal year 1988. ment program procedures required by section 306 [Former 306A(d)(1) deleted and (c)(9) because or their conservation recreational. new (d)(1) added by Pl. 99-272] ecological. or esthetic values, or (B) contain one or (2) Grants provided under this section may be used more coastal resources of national significance. to pay a coastal state's share of costs required under (2) The redevelopment of deteriorating and under- any other Federal program that is consistent with the utilized urban waterfronts and ports that are designated purposes of this section. under section 305(b)(3) in the state's management (3) The total amount of grants made under this program as areas of particular concern. section to any eligible coastal state for any rascal (3) The provision of access or public beaches and year may not exceed an amount equal to 10 per centurn other public coastal areas and to coastal waters in of the total amount appropriated to carry out this accordance with the planning process required under section for such rascal year. section 305(bX7). (e) With the approval of the Secretary. an eligible (c) (1) Each grant made by the Secretary under coastal state may allocate to a local government, an this section shall be subject to such terms and con- areawide agency designated under section 204 of the ditions as may be appropriate to ensure that the grant Demonstration Cities and Metropolitan Development is used for purposes consistent with this section. Act of 1966. a regional agency. or an interstate agency. (2) Grants made under this section may be used for- a portion of any grant made under this section for (A) the acquisition of fee simple and other interests the purpose of carrying out this section. except that in land: such an allocation shall not relieve that state of the (8) low-cost construction projects determined by the responsibility for ensuring that any funds so allocated Secretary to be consistent with the purposes of this are applied in furtherance of the state's approved section. including but not limited to, paths, walkways. management program. fences. parks. and the rehabilitation of historic buildings (f) In addition to providing grants under this section, and structures; except that not more than 50 per centurn the Secretary shall assist eligible coastal states and their of any grant made under this section may be use r local governments in identifying and obtaining other such construction projects, sources of available Federai technical and financial (C) in the case of grants made for objectives assistance regarding the objectives of this section. described in subsection (b)(2)- (i) the "rehabilitation or acquisition of piers to COORDINATION AND COOPERATION provide increased public use, including compatible SEC. 307. (a) In carrying out his functions and respon- commercial activity, sibilities under this title, the Secretary shall consult with. (ii) the establishment of shoreline stabilization cooperate with. and. to the maximum extent practicable. measures including the installation or rehabilitation of coordinate his activities with other interested Federal bulkheads for the purpose of public safety or increasing agencies. public access and use. and (b) The Secretary shall not approve the management (iii) the removal or replacement of pilings where program submitted'by a state pursuant to section 306 un- such action will provide increased recreational use of less the views of Federal agencies principally affected by urban waterfront areas. such program have been adequately considered. but activities provided for under this paragraph shall (cX 1) Each Federal agency conducting or supporting not be treated as construction projects subject to the activities directly affecting the coastal zone shall conduct limitations in paragraph (8). or support those activities in a manner which is. to the (D) engineering designs. specifications. and other maximum extent practicable. consistent with approved appropri,ite reports: and state management programs. (E) educational. interpretive. and management costs (2) Any Federal agency which shall undertake any and such other related costs as the Secretary determines development project in the coastal zone of a state shall to be consistent with the purposes of this section. insure that the project is. to the maximum extent prac- (d)(1) The Secretary may make grants to any coastal ticable. consistent with approved state management state for the purpose of carrying out the project or programs. purpose for which such grants are awarded. if the state (3X A) After final approval by the Secretary of astate*s matches any such grant according to the following ratios management program. any applicant for a required of Federal to state contribution for the applicable fiscal Federal license or permit to conduct an activity affecting year: 4 to I for fiscal 1986; 2.3 to I for fiscal year 1987; land or water uses in the coastal zone of that state shall Envircrwwnt 1119M to 40 . . . ....... -1-1 S-763 COASTAL ZONE ACT 71:4M provide in the application to the licensing or permitting graph (A). except if such state fails to concur with or agency a certification that the proposed activity complies object to such certification within three months after with the state's approved program and that such activity receipt of its copy of such certification and supporting will be conducted in a manner consistent with the information. such state shall provide the Secretary. the program. At the same time. the applicant shall furnish to appropriate federal agency. and such person with a the state or its designated agency a copy of the certifica- written statement describing the status of review and the tion. with all necessary information and data. Each basis for further delay in issuing a final decision. and if coastal state shall establish procedures for public notice such statement is not so provided. concurrence by such in the case of all such certifications and, to the extent it state with such certification shall be conclusively pre- deems appropriate. procedures for public hearings in sumed: or connection therewith. At the earliest practicable time. the [(ii) revised by PL 95-372. September 18. 1978] state or its designated agency shall notify the Federal (iii) the Secretary finds. pursuant to subparagraph (A). agency concerned that the state concurs witb or objects to that each activity which is described in detail in such plan the applicant's certification. If the state or its designated is consistent with the objectives of this title or is agency fails to furnish the required notification within six otherwise necessary in the interest of' national security. months after receipt of' its copy of the applicant*s cer- If a state concurs or is conclusively presumed to con- tification. the state's concurrence with the certification cur. or if the Secretury makes such a finding. thc@ shall be conclusively presumed. No license or permit provisions of subparagraph (A) are not applicable @@ith shall be granted by the Federal agency until the state or respect to such person. such state. and any Federal its designated agency has concurred with the applicunt's license or permit which is re4uired to conduct anv activi- certification or until, by the state's failure to act. the con- tv affecting land uses or water uses in the coastaf zone of currenct is conclusively presumed. unless the Secretary, such state which is described in detail in the plan to which on his own initiative or upon appeal by the applicant. such concurrence or finding applies. If such state objects rinds. after providing a reasonable opportunity for detail- to such certification and ifthe Secretarv fails to make a ed comments from the Federal agency involvIid and from finding under clause (iii) with respect to such certifica- the state. that the activity is consistent with the objectives tion, or it'such person fails substantUly to comply with of this title or is otherwise necessary in the interest of such plan as submitted. such person shall submit an national security. amendment to such plan. or a ne%% plan. to the Secretary (B) After the management program of any coastal of the Interior. With respect to an% amendment or new state has been approved by the Secretary under section plan submitted to the Secretary ofthe Interior pursuant 306. any person who submits to the Secretary of the to the preceding sentence. the applicable time period for Interior any plan for the exploration or development of. purposes of concurrence by conclusive presumption un- or production from, any area which has been leased un- der subparagraph (A) is 3 months. der the Outer Continental Shelf Lands Act (43 U.S.C. (d) State and local governments submitting 1331 et seq.) and regulations under such Act shall. with applications for Federal assistance under other Federal respect to any exploration, development. or production programs affecting the coastal zone shall indicate the described in such plan and affecting any land use or water views of the appropriate state or local agency as to the use in the coastal zone of such state. attach to such plan a relationship of' such activities to the approveil manage- certification that each activity which is described in detail ment program for the coastal zone. Such applications in such plan complies with such state's approved manage- shall be submitted and coordinated in accordance with ment program and will be carried out in a manner consis- the provisions of title IV of the Intergovernmental Coor- tent with such program. No Federal official or agency dination Act of 1968 (82 Stat. 1098). Federal agencies shall grant such person any license or permit for any ac- shall not approve proposed projects that aft! inconsistent tivity described in detail in such plan until such state or with a coastal state's management program. except upon its designated agency receives a copy of such certificat ion a finding by the Secretary that such project Is consistent and plan. together with any other necessary data and in- with the purposes ofthis title or necessary in the interest formation. and until - of national securitv. (i) such state or its designated agency. in accordance (e) Nothine in this title shall he construed - with the procedures required to be established by such (1) to diminish either Federal or state jurisdiction. state pursuant to subparagraph (A). concurs with such responsibility. or rights in the field ol'planning. develop- person's certification and notifies the Secretary and the ment. or control ofwater resources. submerged lands. or Secretary of the Interior of such concurrence. navigable waters. nor to displace. supersede. limit. or (ii) concurrence by such state with such certifica- modify anv interstate compact or the jurisdiction or tion is conclusively presumed as provided for in subpara- responsibiI171% ol'an% legally established joint or common S-16416 PuMWW by THE BUREAU OF NATIONAL AFFAIRS, 114C.. Washington. D.C. 20037 71:8010 FEDERAL LAWS agency of two or more states or iof two or more states and this title, a coastal energy impact program. Such the Federal Government. nor to limit the authority of program shall consist of the provision of' financial Congress to authorize and fund projects; assistance to meet the needs of coastal states and local (2) as superseding. modifying. or repealing existing governments in such states resulting from specified ac- laws applicable to the various Federal agencies. nor to tivities involving energy development. Such assistance. affect the jurisdiction, powers. or prerogatives of the which includes - International Joint Commission. United States and (A) grants. under subsection (b), to coastal states for Canada. the Permanent Engineering Board, and the the purposes set forth in subsection (b)(5) with respect to United States operating entity or entities established pur- consequences resulting from the energy activities suant to the Columbia River Basin Treaty. signed at specified therein. Washington. January 17. 1961. or the International (B) grants. under subsection (cXl), to coastal states for Boundary and Water Commission. United States and study of. and planning for. consequences relating to neu Mexico. or expanded energy facilities-in. or which significantly (f) Notwithstanding any other provision of this title. affect. the coastal zone: nothing in this title shall in any way affect any require- (C) grants. under subsection (c)(2). to coastal ment (1) established by the Federal Water Pollution Con- state.% to carry out their responsibilities under the Outer trol Act. as amended. or the Clean Air Act. as amended. Continental Shelf Lands Act: or (2) established by the Federal Government or by any (D) loans. under subsection (d)( 1). to coastal state or local government pursuant to such Acts. Sucii states and units of general purpose local government to requirements shall be incorporated in any program assist such states and units to provide new or improved developed pursuant to this title and shall be the water public facilities or public services which are required as a pollution control and air pollution control requirements result of coastal energy activity: applicable to such program. (E) guarantees, under'subsection (d)(2) and subject to (g) When any state's coastal zone management the provisions of subsection (1). of bonds or other program. submitted for approval or proposed for evidences of indebtedness issued by coastal states and un- modification pursuant to section 306 of this title, includes its of general purpose local government for the purpose requirements as to shorelands which also would be sub- of providing new or improved public facilities or public ject to any Federally supported national land use pro- services which are required as a result of coastal energy gram which may bi hereafter enacted, the Secretary. prior to @pproving such program. shall obtain the con- activity. currence of the Secretary of the Interior. or such other (F) grants or other assistance, under subsection (dX3). Federal official as may be designated to administer the to coastal states and units of general purpose local national land use program with respect to that portion of government to enable such states and units to meet the coastal zone management program affecting such in- obligations under loans or guarantees under subsection land areas. (d) (1) or (2) which they are unable to meet as they (h) In case of serious disagreement between any mature. for reasons specified in subsection (d)(3). and Federal agency and a coastal state - (G) grants. under subsection (d)(4). to coastal states (1) in the development or the initial implementation of which have suffered. are sufferine. or will suffer any un- a management program under section 305: or avoidable loss of a valuable environmental or recreational (2) in the administration of a management program resource. approved under section 306; shall be provided. administered. and coordinated by the the Secretary. with the cooperation of the Executive Of- Secretary in accordance with the provisions of this sec- ficc of the President. shall seek to mediate the differences tion and under the rules and regulations required-to be promulgated pursuant to paragraph (2). An% such involved in such disagreement. The process of such mediation shall. with respect to any disagreement financial assistance s'hall be subject to audit under section described in paragraph (2). include public hearings which 313. shall be conducted in the local area concerned. (2) The Secretary shall promulgate. in accordance with section 317. such rules and regulations (including. but not COASTAL ENERGY IMPACT PROGRAM limited to. those required under subsection (e) as may be [308 revised by PL 95-372. September 18, 19781 necessary and appropriate to carry out the provisions of' this section. SEC. 308. (a) (1) The Secretary shall administer and (b) (1) The Secretary shall make grants annualIV to coordinate. as part of the coastal zone management ac- coastal states. in accordance with the provisions of*'thi% tivities of the Federal Government provided for under subsection. &Mronmw" Rqwnw 42 S-763 COASTAL ZONE ACT 71:Wl 1 (2) Subject to paragraph (3), the amounts pay- expend or commit the proceeds of such grant in accord- able to coastal states under this subsection shall be. with ance with the purposes set forth in paragraph (5). respect to any such state for any fiscal year. the sum of 00 For purposes of this subparagraph - the amounts calculated. with respect to such state. pur- (1) the states of Connecticut, Delaware. Georgia. suant to subparagraphs (A). (B). and (Q: Maine, Maryland. Massachusetts. New Hampshire. (A) An amount which bears. to one-half of the New Jersev. New York. North Carolina. Pennsylvania. amount appropriated for the purpose of funding grants Rhode lsl@nd; South Carolina. and Virginia. the Cum. under this subsection for such fiscal year. the same ratio monwealth of Puerto Rico. and the Virgin Islands (the that the amount of outer Continental Shelfacreage which Atlantic coastal states) shall constitute one *region*: is adjacent to such state and which is newly leased by the (11) the states of Alabama, Florida. Louisiana. Federal Government in the immediately preceding Fiscal Mississippi, and Texas (the Gulf coastal states) shall year bears to the total amount of outer Continental Shelf' constitute one 'region'. acreage which ie. newly leased by the Federal Government (111) the states of California. Hawaii. Oregon. ind in such preceding year. Washington (the Pacific coastal states) shall consti- (B) An amount which bears. to one-quarter of the tutc one 'region' and amount appropriated for such purpose for such fiscal (IV) the state of Alaska shall constitute one 'region year. the same ratio that the volume of oil and natural (8) If. after the calculations required under sub- gas produced in the immediately preceding Fiscal year paragraph (A). the total amount of funds appropriated from the outer Continental Shc1facreage which is adja- for making grants to coastal states in any Fiscal year pur- cent to such state and which is leased by the Federal Government bears to the total volume of oil and natural suant to this subsection is less than the total amount of grants payable to all coastal states in such fiscal year. gas produced in such year from all of the outer Continen- there shall be deducted from the amount payable to each tal Shelf acreage which is leased by the Federal Govern- coastal state which will receive more than per centum ment. (C) An amount which bears. to one-quarter of the of the amount of funds so appropriated an amount equal amount appropriated for such purpose for such fiscal to the product or - year. the same ratio that the volume of oil and natural 0) the amount by which the total amount of grants- gas produced from outer Continental Shelfacreage leas- payable to all coastal states in such fiscal year exceeds ed by the Federal Government which is First landed in the total amount of funds appropriated for making such such state in the immediately preceding fiscal year bears grants: multiplied by to the total volume oT oil and natural gas produced from (ii) a fraction. the numerator of which is the all outer Continental Shelf acreage leased by the Federal amount of grants payable to such coastal state in such Government which is first landed in all or the coastal fiscal year reduced by an amount equal to 2 per centurn states in such year. of the total amount appropriated for such fiscal year (3XAXi) After making the calculations re- and the denominator of which is the total amount (if quired under paragraph (2) for any fiscal year. the grants payable to coastal states which. in such f iscal year. Secretary shall - witl receive more than 2 per centurn of the amount of (1) with respect to any coastal state which. based on funds so appropriated. reduced by an amount equal to the such calculations, would receive an amount which is less product of 2 per cent@m of the total amount appropriated than 2 per centurn of the amount appropriated for such ror such fiscal year multiplied by the number of such fiscal year. increase the amount appropriated for such coastal states. fiscal year. increase the amount payable to such coastal (CXi) If. after the calculations required under state to 2 per centurn of such appropriated amount; and subparagraph (8) for any fiscal vcar. anC-coastal state (11) with respect to any coastal state which. in such would receive an amount which is greater than 371-', per fiscal year, would not receive a grant under paragraph centurn of the amount appropriated for suclh fiscal year. (2). make a grant to such coastal state in an amount the Secretary shall reduce the amount payable to such equal to 2 per centurn of the total amount appropriated coastal state to 3711., per centurn of such appropriated for making grants to all states under paragraph (2) in amount. such fiscal year if any other coastal state in the same (ii) Any amount not payable to a coastal State in region will receive a grant under such paragraph in such a fiscal year due to a reduction under clause (i) shall fiscal year. except that a coastal state shall not receive be payable proportionately to all coastal states which a grant under this subclause unless the Secretary deter- are to receive more than 2 per centurn and less than 371. mines that it is being or will be impacted by outer Con- per centum of the amount appropriated for such fiscal tinental Sheir energy activity and that it will be able to year. except that in no event shall any coastal state 5-16415 Publie by THE BUREAU OF NATIONAL AFFAIRS. INC.. Wastiftion, D.C. 20037 43 71:8012 FEDERAL LAWS receive more than 371/2 per centurn or such appropriated poses (except that priority shall be given to the use of amount. such proceeds for the purpose set forth in subparagraph (iii) For purposes of this subparagraph. the term (A): payable proportionately' means payment in any fiscal (A), The retirement of state and local bonds. if any. year in accordance with the provisions of paragraph (2), which are guaranteed under subsection (d) (2); except except that in making calculations under such paragraph that. if the amount of such grants is insufficient to retire the Secretary shall only include those coastal states which both state and local bonds, priority shall be given to retir- are to receive more than 2 per centurn and less than 371/2 ing local bonds. per centurn of the amount appropriated for such fiscal (B) The study of. planning for. development of. and the year. carrying out o(projects and programs in such state which (4)(A) The Secretary shall determine annually the are - amounts of the grants to be provided under this subsec- (i) necessary to provide new or improved public tion and shall collect and evaluate such information as facilities and public services which are required as a re- may be necessary to make such determinations. Each iult of outer Continental Shelf energy activity: Federal department. agency. and instrumentality shall (ii) of a type approved by the Secretary as eligible for provide to the Secretarv such assistance in collecting and grants under this paragraph. except tha't the Secretarv evaluatiqg relevant in@ormation as the Secretary may may not disapprove any project or program for highwa - YS request. The Secretary shall request the assistance of any' and secondary roads.'docks. navigation aids. fire and appropriate state agency in collecting and evaluating police protection. water supply. waste collection and such information. treatment (including drainage)' schools and education. (B) For purposes of making calculations under and hospitals and lieulth care. paragraph (2). outer Continental Shelf acreage is adja- The Secretary may. pursuant to criteria promulgated cent to a particular coastal state if such ucreaize lies on by rule. describic geographic areas in which public facili- that state*s side of' the extended lateral seaward boun- ties and public services referred to in clause (i) shall darics of such state. The extended lateral seaward boun- be presumed to be required as a result of outer Con- darics of a coastal state shall be determined as follows: tinental Shelf energy activity for purposes of disbursing 0) It' lateral seaward boundaries have been clearly the proceeds of grants under this subsection. defined or fixed by an interstate compact. agreement. o'r (C) The prevention. reduction. or amelioration of anv judicial decision (if entered into. agreed to. or issued unavoidable loss in such state*s coastal zone of an-Y before the date of the enactment of this paragraph). such valuable environmental or recreational resource if such boundaries shall be extended on the basis of the prin- loss results from coastal energy activiq. ciples of delimitation used to so define or fix them in such (6) The Secretary. in a timely manner', shall determine compact, agreement. or decision. that each coastal s'tate has expended or committed. and (ii) If no lateral seaward boundaries. or any portion may determine that such state will expend or commit. thereof. have been clearly defined or fixed by an in- grants which such state has received under this subsection terstate compact. agreement. or judicial decision. lateral in accordance with the purposes set forth in paragraph seaward boundaries shall be determined accordine to the (5). The United States shall be entitled to recover from applicable principles of' law. including the princ-iples of any'coustal state an amount equal to any portion of any the Convention on the Territorial Sea and the Con- such grant received by such state under this subsection' tiguous Zone. and extended on the basis of such prin- which - ciples. (A) is not expended or committed by such state before (iii) It'. after the date of enactment of this paragraph. the close or the fiscal vear immedia'telv followi.no the two or more coastal states enter into or amend an in- Fiscal vear in which the'grant was disbu*rsed. or terstate compact or agreement in order to clearly define (B)'is expended or committed by such state for any or Fix lateral seaward boundaries, such boundaries shall urpose other than a purpose set forth in paragraph (5j. thereafter be extended on the basis of the principles of p Before disbursing the proceeds of* any grant under this delimitation used to so define or fix them in such com- subsection to any coastal state. the Secretarv shall re- pact or agreement. quire such state t'o provide adequate assurances of being (C) For purposes of making calculations under this able to return to the United States anv amounts to which subsection. the transitional quarter beginning July 1. the preceding sentence ma-, apply. 1976. and ending September 30. 1976. shall be included (cX I) The Secretary shall make grants to any coastal within the fiscal year ending June 30. 1976. state if the Secretary t7 -.;s that the coastal zone ol'such (5) Each coastal state shall use the proceeds of grants state is being. or is lik@.::y to be significantly affected by received by it under this subsection for the following pur- the siting. construction. expansion. or operation of new 8MMMIMPt PAKX S-743 COASTAL ZONE ACT 71:8013 or expanded energy facilities. Such grants shall be used obligations pursuant to a loan or guarantee made under [Ior the study of. and planning for (including, but not paragraph (1) or (2) because the actual increases in limited to, the application of the planning process includ- employment and related population resulting from ed in a management program pursuant to section coastal energy activity and the facilities associated with 305(b)(8)) any economic. social, or environmental con- such activity do not provide adequate revenues to enable sequence which has occurred. is occurring. or is likely to such state or unit to meet such obligations in accordance occur in such state's coastal zone as a result of the siting. with the appropriate repayment schedule, the Secretarv construction, expansion,or operation of such new or ex- shall. after review of the information submitted by sucii panded energy facilities. The amount of any such grant state or unit pursuant to subsection (c)(3), take any of the shall not exceed 80 per ccntum of the cost of such study following actions: and planning. (A) Modify appropriately the terms and conditions of (2) The Secretary shall make grants under this such loan or guarantee. paragraph to any coastal state which the Secretary (B) Refinance such loan. rinds is likely to be affected by outer Continental Shelf (C) Make a supplemental loan to such state or unit the energy activities. Such grants shall be used by such state proceeds of which shall be applied to the payment of to carry out its responsibilities under the Outer Con- principal and interest due under such loan or guarantee. tinental Shelf Lands Act. The amount of any such grant (D) Make a grant to such state or unit the proceeds of shall not exceed 80 per centurn of the cost of carrying which shall be applied to the payment of principal and in- out such responsibilities. terest due under such loan or guarantee. (3) (A) The Secretary shall make grants to any Notwithstanding the preceding sentence, if the Sccretarv coastal state to enable such state to prevent. reduce. or ameliorate any unavoidable loss in such state's 0) has taken action under subparagraph (A). (8). or coastal zone of any valuable environmental or recrea- (C) with respect to any loan or guarantee made under tional resource, if such loss results from the transporta- paragraph (1) or (2), and tion, transfer, or storage of coal or from alternative (ii) Finds that additional action under subparagraph ocean energy activities. (A). (B). or (C) will not enable such state or unit to meet. (8) Such grants shall be allocated to any such state within a reasonable time. its obligations under such loan based on rules and regulations promulgated by the or guarantee and any additional obligations related to Secretary which shall take into account the number of such loan or guarantee: the Secretary shall make a grant coaf'or alternative ocean energy facilities. the nature of or grants under subparagraph (D) to such state or unit in their impacts, and such other relevant factors deemed an amount sufficient to enable such state or unit to meet appropriate by the Secretary. such outstanding obligations. (308(cX3) added by PL 96-464] (4) [308(d)(4) deleted by PL 96-4641 (dX I) The Secretary shall make loans to any coastal (e) Rules and regulations with respect to the following state and to any unit orgeneral purpose local government matters shall be promulgated by the Secretary as soon as to assist such state or unit to provide new or improved practicable. but not later than 270 days after-the date of public facilities or public services. or both. which are re- the enactment of this section: quired as a result of coastal energy activity. Such loans (1) A formula and procedures for apportioning shall be made solely pursuant to this title. and no such equitably. among the coastal states. the amounts which loan shall require as a condition thereof that any such are available for the provision of financial assistance un- der subsection (d). Such formula shall be based on, and state or unit pledge its full faith and credit to the repay- limited to. the following factors: ment thereof. No loan shall be made under this (A) The number of additional individuals who are ex- paragraph after September 30. 1986. pected to become employed in new or expanded coastal (2) The Secretary shall, subject to the provisions of energy activity. and the related new population. who subsection (f). guarantee. or enter into commitments to reside in the respective coastal states. guarantee, the payment of interest on, and the principal (8) The standardized unit costs (as determined by the amount of, any bond or other evidence of indebtedness if Secretary by rule), in the relevant regions of such states. it is issued by a coastal state or a unit of general purpose for new or improved public facilities and public services local government for the purpose of providing new or im- which are required as a result of such expected employ- proved public facilities or public services, or both, which ment and the related new population. are required as a result of a coastal energy activity. (2) Criteria under which the Secretarv shall review (3) If the Secretary finds that any coastal state or unit each coastal state's compliance with the riquirements of of general purpose local governme@t is unable to meet its subsection (g)(2). 5-1640 PubWW by THE BUREAU OF NATIONAL AFFAIRS. INC.. Washington. D.C. 20037 45 71:8014 FEDERAL LAWS (3) Criteria and procedures for evaluating the extent to (8), no guarantee shall be made unless the Secretarv which any loan or guarantee under subsection (dX 1) or determines that such bonds or other evidences of in.- (2) which is applied for by any coastal state or unit of debtedness will - general purpose local government can be repaid through (i) be issued only to investors who meet the re- its ordinary methods and rates for generating tax quirements prescribeil by the Secretary. or. if an offerine revenues. Such procedures shall require such state or unit to the public is contemplated. be underwritten up,n to submit to the Secretary such information which is terms and conditions approved by the Secretar%- specified by the Secretary to be necessary for such 00 bear interest at a rate founci not to be excessive b% evaluation. including. but not limited to - the Secretary: and (A) a statement as to the number of additional in- (iii) contain, or be subject to. repayment. muturity. and dividuals who are expected to become employed in the other provisions which are satisfactory to the Secretarv: new or expanded coastal energy activity involved. and the (C) the approval of the Secretary or the Treasury shall related new population, who reside in such state or unit. be required with respect to any such guarantee. unle-ss the (B) a description. and the estimated costs of the new Secretary of the Treasury w@ives such approval: and or improved public facilities or public services needed or (D) no guarantee shalf be made after September 30. likely to be needed as a result of such expected employ- 1986. ment and related new population: (2) The full faith and credit of the L:niLed States is (C) a projection of such state's or unit's estimated tax pledged to the pa%mint. under paragraph (5). tit' an% receipts during such reasonable time thereafter. not to default on any indebtedness guaranteca under subsection exceed 30 years. which will be available for the repay- (d)(2). Any such guarantee made by the Secretar% shall ment of' such loan or guarantee. and be conclusive evidence of the eligibiliL%. ofthe obligation (D) a proposed repayment schedule. involved for such guarantee. and the validity ofany such The procedures required by this paragraph shall also guarantee so made shall be incontestable in the hands of provide for the periodic verification, review. and a holder of the guaranteed obligation. except for fraud or modification (if necessary) by the Secretary of the infor- material misrepresentation on the part of the holder, or mation or other material required to be submitted pur- known to the holder at the time acquired. suant to this paragraph. (3) The Secretar% shall prescribe and collect t'ees in (4) Requirements. terms. and conditions (which may connection with guarantees made under subsection (dX2). These fees ma% not exceed the amount %hich the include the....posting of security ) which shall be imposed Secretary estimates to be necessary to cover the ad- by the Secretary, in connection with loans and guarantees ministrative costs pertaining to such" guarantees. made under subsections (d)(1) and (2), in order to assure repayment within the time fixed. to assure that the (4) The interest paid on any obligation which i. proceeds thereof may not be used to provide public ser- guaranteed under subsection (d)(2) and which is received vices for an unreasonable length of time. and otherwise to by the purchaser thereof (or the purchaser's successor in protect the financial interests of the United States. interest), shall be included in gross income for the pur- pose of chapter I of the Internal Revenue Code ot 1954. (5) Criteria under which the Secretary shall establish The Secretary ma% pay out of the Fund to the coastal rates of interest on loans made under subsections (d)( 1) state or the unit 'of general purpose local government and (3). Such rates shall not exceed the current average issuing such obligations not more than such-portion of market yield on outstanding marketable obligations of the interest on such obligations as exceeds the amount of the United States with remaining periods to maturity interest that would be due at a comparuble rate deter- comparable to the maturity of such loans. mined for loans made under subsection id)(1). In developing rules and regulations under this subsec- (5)(A) Payments required to be made as a result Ufan% tion, the Secretarv shall. to the extent practicable, re- guarantee made under subsection (d)(1) shall be made h% quest the views of or consult with. appropriate persons the Secretar% from sums appropriat@ecl to the Fund o'r regarding impacts resulting from coastal energy activity. from money's obtained from the Secretar% of the (t)(1) Bonds or other evidences of indebtedness Treasury pursuant to paragraph (6). guaranteed under subsection (dX2) shall be guaranteed (B) If there is a default by a coastal state or unit of on such terms and conditions as the Secretary shall general purpose local government in any payment of prescribe. except that - principal or interest due under a bond or other evidenct: of indebtedness guaranteed by the Secretur% under sub- (A) no guarantee shall be made unless the indebtedness section (dX2). any holder of siuch bond or ot*her evidence involved will be completely amortized within a of indebtedness may demand payment by the Secretary reasonable period, not to exceed 30 years: of the unpaid interest on and the unpaid principal of such Envoonnwit R 46 S-763 COASTAL ZONE ACT 11:8015 obligation as they become due. The Secretary, after in, on outstanding marketable obligations of the United vestigating the facts presented by the holder. shall pay to States on comparable maturities during the month the holder the amount which is due such holder. unless preceding the issuance of such notes or other obligations. the Secretary rinds that there was no default by such state Any sums received by the Secretary through such or unit or that such default has been remedied. issuance shall be deposited in the Fund. The Secretary of (C) If the Secretary makes a payment to a holder un- the Treasury shall purchase any notes or other der subparagraph (B). the Secretary shall - obligations issued under this paragraph, and for this pur- (i) have all of the rights granted to the Secretary or the pose such Secretary may use as a public debt transaction United States by law or by agreement with the obligor; the proceeds from the sale of any securities issued under and the Second Liberty Bond Act. as now or hereafter in force. The purposes for which securities may be issued (ii) be subrogated to all of the rights which were under that Act are extended to include any purchase of granted such holder, by law. assignment. or security notes or other obligations issued under this paragraph. agreement between such holder and the obligor. The Secretary of the Treasury may at any time sell any of Such rights shall include, but not be limited to. a right the notes or other obligations so acquired under 'this of reimbursement to the United States against the paragraph. All redemptions. purchases. and sales of such coastal state or unit of general purpose local government notes or other obligations by the Secretary of the for which the payment was made for the amount of such -Tfiasury shall be treated as public debt transactions of payment plus interest at the prevailing current rate as the United States. determined by the Secretary. If such coastal state. or the (g)(1) No coastal state is eligible to receive any finan- coastal state in which such unit is located, is due to ciai assistance under this section unless such state - receive any amount under subsection (b). the Secretary (A) has a management program which has been ap- shall, in lieu of paying such amount to such state. deposit proved under section 306: such amount in the Fund until such right of reimburse- (8) is receiving a grant under section 305(c) or (d), or ment has been satisfied. The Secretary may accept, in (C) is, in the judgment of the Secretary, making complete or partial satisfaction of any such rights, a con- satisfactory progress toward the development of @ veyance of property or interests therein. Any property so management program which is consistent with the ob .tained by the Secretary may be completed, main- policies set forth in section 303. taine'd. operated, held. rented, sold. or otherwise dealt (2) Each coastal state shall, to the maximum extent with* or disposed of on such- terms or conditions as the practicable, provide that financial assistance provided Secretary prescr*s or approves. If, in any case. the surrt under this section be apportioned, allocated. and granted received through the sale of such property is greater than to units of local government within such state on a basis the amount paid to the holder under subparagraph (D) which is proportional to the extent to which such units plus costs. the Secretary shall pay any such excess to*the need such assistance. obligor. (D) The Attorney General shall, upon the request of (h) There is established in the Treasury of the United the Secretary. take such action as may be appropriate to States the 4foastal Energy Impact Fund. The Fund shall enforce any right accruing to the Secretary or the United be available to the Secretary without fiscal vear limita- States as @ result of the making of any giiarantee under tion as a revolvine fund for 'the purposes of carrying out subsection (dX2). Any sums received through any sale subsections W and M. The Fund shall consist 'of- under subparagraph (C) or recovered pursuant to this (1) any sums appropriated to the Fund: subparagraph shall be paid into the Fund. (2) payments of principal and interest received urider any loan made under subsection (d)(1); _' (6) If the moneys available to the Secretary are not suf- (3) any fees received in connection with any guarantee ficient to pay any amount which the Secretary is made under subsection (d)(2). and obligated to pay under paragraph (5). the Secretary shall (4) any recoveries and receipts under security. subroga. issue to the Secretary of the Treasury notes or other tion. and other rights and authorities described in subsec- obligations (only to such extend and in such amounts as tion (f). may be provideIi for in appropriation Acts) in such forms All pavments made by the Secretary to carry out tho and denominations. bearing such maturities. and subject provisions of subsections (c). (d .). and (n (including re- to such terms and conditions as the Secretarv of the imbursements to other Government accour!!,:,, Treasury prescribes. Such notes or other obligations shall paid from the Fund. onl) t., the c%tcrii rro%-Wcc1. for in bear interest at a rate determined by the Secretary of the appropriation Acts. Sums in the Fund which are not Treasury on the basis of the current average market yield currenily needed for the purposes of subsections (c). (d), Publiewil by THE BUREAU OF NATIONAL AFFAIRS. INC., WaShingl0n. D.C. 20037 47 71:8016 FEDERAL LAWS and (f) shall be kept on deposit or invested in obligations INTERSTATE GRANTS of, or guaranteed by, the United States. (309 revised by PL 96-4641 [308(h) amended by PL 99-2721 SEC. 309. (a) The coastal States are encouraged to give high priority- (i) The Secretary shall not intercede in any land use or (1) to coordinating State coastal zone planning. water use decision of any coastal state with respect to the policies, and programs with respect to contiguous areas siting of any energy, facilit or public facility by makin of such States. y 9 (2) to studying, planning. and implementing unified siting in a particular location a prerequisite to, or a con- coastal zone policies with respect to such areas. and dition of, financial assistance under this section. (3) to . establishing an effective mechanism, and 6) The Secretary may evaluate, and report to the adopting a Federal-State consultation procedure, for the Congress. on the efforts of the coastal states and units of identification. examination. and cooperative resolution local government therein to reduce or ameliorate adverse of mutual problems with respect to the marine and consequences resulting from coastal energy activity and coastal areas which affect, directly or indirectly, the on the extent to which such efforts involve adequate con- applicable coastal zone. sideration of alternative sites. The coastal zone activities described in paragraphs (1). M To the extent that Federgl funds are available un- (2). and (3) of this subsection may be conducted der. or pursuant to, any other law with respect to - pursuant to interstate agreements or compacts. The (1) study and planning for which financial assistance may Secretary may make grants annually. in amounts not be provided under subsection (bX4)(B) and (cXl). or to exceed 90 percent of the cost of su'ch activities. if the (2) public facilities and public services for which finan- secretary rinds that the proceeds of such grants will be cial assistance may be provided under subsection used for purposes consistent with sections 305 and 306. (bX4XB) and (d). the Secretary shall, to the extent prac- (b) The consent of the Congress is hereby given to ticable. administer such subsections - two or more coastal..States to negotiate, and to enter (A) on the basis that the financial assistance shall be In into, agreements or compacts, which do not conflict with addition to, and not in lieu of. any Federal funds which any law or treaty of the United States. for- any coastal state or unit of general purpose local govern- (1) developing and administering coordinated coastal ment may obtain under any other law: and zone planning, policies. and programs pursuant to sections 305 and 306: and (B) to a4oid duplication. (2) establishing executive instrumentalities or agencies (1) As used in this section - which such States deem desirable for the effective (1) The term 'retirement,' when used with respect to implementation of such agreements or compacts. bonds, means the redemption in full and the withdrawal Such agreements or compacts shall be binding and from circulation of those which cannot be repaid by the obligatory upon any State or party thereto without issuing jurisdiction in accordance with the appropriate further approval by the Congress. repayment schedule. (c) Each executive instrumentality or agency which (2) The term 'unavoidable.' when used with respect to a is established by an interstate agreement or compact loss of any valuable environmental or recreational pursuant to this section is encouraged to give high resource. means a loss. in whole or in part - priority to the coastal zone activities described in (A) the costs of prevention, reduction, or amelioration subsection (a). The Secretary, the Secretary of the of which cannot be directly or indirectly attributed to. or Interior, the Chairman of the Council on Environmental assessed against, any identifiable person, and Quality, the Administrator of the Environmental Protec- . (B) cannot be paid for with Finds which arc available tion Agency, the Secretary of the department in which under, or pursuant to. any provision of Federal law other the Coast Guard is operating, and the Secretary of than this section. Energy, or their designated representatives. shall partici- (3) The term 'unit of general purpose local govern. pate ex officio on behalf of the Federal Government ment' means any political subdivision of any coastal state whenever any such Federal-State consultation is re- or any special entity created by such a state or subdivi- quested by such an instrumentality or agency. sion which (in whole or part) is located in. or has authori- (d) If no applicable interstate agreement or compact exists, the Secretary may coordinate coastal zone ty over, such state's coastal zone, and which (A) has activities described in subsection (a) and may make authority to levy taxes or establish and collect user grants to assist any group of two or more coastal fees, and (8) provides any public facility or public service States to create and maintain a temporary planning and which is financed in whole or part by taxes or user fees. coordinating entity to carry out such activities. The EnOon- mi R 48 S-763 COASTAL ZONE ACT 71:8017 amount of such grants shall not exceed 90 percent (2) is failing to make satisfactory progress in provid- of the cost of creating and maintaining such an entity. ing in its management program for the matters referred The Federal officials specified in subsection (c), or to in section 306(i)(A) and (B). their designated representatives, shall participate on 1312(c) amended by PL 99-2721 behalf of the Federal Government, upon the request of any such temporary planning and coordinating entity (d) *The Secretary shall withdraw approval of the for a Federal-State consultation. management program of any coastal state. and shall (c) A coastal State is eligible to receive financial withdraw any financial assistance available to that assistance under this section if such State meets the state under tl@is title as well as any unexpended portion criteria established under section 308(g)(1). * of such assistance. if the Secretary determines that the RESEARCH AND TECHNICAL ASSISTANCE coastal state is failing to adhere to, is not justified in FOR COASTAL ZONE MANAGEMENT deviating from (1) the management program approved by the Secretary. or (2) the terms of anv grant or SEC. 310 (Repealed] cooperative agreement funded under section 306. and [310 repealed by PL 99-2721 refuses to remedy the deviation. (e) Management program approval and Financial PUBLIC HEARINGS assistance mav not be withdrawn under subsection M. SEC. 311. All public hearings required under this title unless the Secretary gives the coastal state notice of must be announced at least thirty days prior to the hear- the proposed withdrawal and an opportunity for a ing date. At the time of' the announcement. ill agency public hearing on the proposed action. Upon the with- materials pertinent to the hearings. including documents. drawal of management program approval under this studies. and other data. must be made available to the subsection W. the Secretary shall provide the coastal public for review and study. As similar materials are sub- state with written specifications of the actions that se4uently developed. they shall be made available to the sfiould be taken, or not engaged in. by the state in public as they become available to the agency. order that such withdrawal may be canceled by the Secretary. REVIEW OF PERFORMANCE (f) The Secretarv shall carry out research on. and [312 revised by PL 96-4641 offer technical assistance to the coastal states with SEC. 312. (a) The Secretary shall conduct a con- respect to. those activities. projects, and other relevant tinuing review of the performance of coastal states matters evaluated under this section that the Secretary w*ith'l respect to coastal management. Each review shall considers to offer promise toward improving coastal include a written evaluation with an assessment and zone management. detailed findings concerning the extent to which the state has implemented and enforced the program approved by [Editor's note.- Section 9(b) of PL 96-464 provides: the Secretary. addressed the coastal management need's -(b) Within two hundred and seventy days after identified in section 303(2)(A) through (1). and the date of the enactment of this Act. the Secretary of adhered to the terms of any grant, loan, or cooperative Commerce shall issue such regulations as may be agreement funded under this title. necessary or appropriate to administer section 312 of (b) For the purpose. of making the evaluation of a the Coastal Zone -Management Act of 1972 (as coastal state's performance, the Secretary shall conduct amended b% subsection W* of this section).**] public meetings and provide opportunity for oral and written comments by the public. Each such evaluation shall be prepared in report form and the Secretary RECORDS ANDAUDIT shall make copies thereof available to the public. SEC. 313. (a) Each recipient of a grant under this (c) The Secretary shall reduce any financial as- title or of financial assistance under Sec. 308 shall sistance extended to any coastal state under section 306 keep such records as the Secretar% shall prescribe. Jbut not below 70 per centum of the amount that including records which fully disclose the amount and would otherwise be available to the coastal state under disposition of' the funds received under the erant and of' such section for any year). and withdraw any unexpended the proceeds of such assistance. the total cost ofthe pro- portion of such reduction, if the Secretary determines jcct or undertaking supplied by other sources. and such that the coastal state- other records as will facilitate an effectiVe audit. (1) is failing to make significant improvement in achieving the coastal management objectives specified in section 303(2)(A) through (1); or *Suh%ection (a) rc% i%cd Section 3 1 -1 of this -%ct. 5-16416 Pubifthed by THE SUREAU OF NATIONAL AFFAIRS, INC.. Washii igtol . D.C. 20037 49 71:8018 FEDERAL LAWS (b) The Secretary and the Comptroller General of the (8) the law of the coastal State provides long-term United States. or any or their duly authorized represen- protection for reserve resources to ensure a stable envi- tatives, shall - ronment for research; (1) after any grant is made under this title or any finan- (C) designation of the area as a reserve will serve to cial assistance is provided under section 308(d): and enhance public awareness and understanding of estuar- (2) until the expiration of 3 years after - ine areas, and provide suitable opportunities for public (A) completion of the project. program. or other un- education and interpretation; and dertaking for which such-grant was made or used. or. (D) the coastal State in which the area is located has (8) repayment of the loan or guaranteed indebtedness complied with the requirements of any regulations issued for hich such financial assistance was provided, by the Secretary to implement this section. have access for purposes of audit and examination to any (c) Estuarine Research Guidelines.-The Secretary record, book. document. and paper which belongs to or is shall develop guidelines for the conduct of research used or controlled by. any recipient of the grant ftifids or within the System that shall include- any person who entered into any transaction relating to (1) a mechanism for identifying, and establishing such financial assistance and w1iich is pertinent for pur- priorities among, the coastal management issues that poses of determining if the grant funds or the proceeds of should be addressed through coordinated research within such Financial assistance are being. or were. used in ac- the System-, cordance with the provisions of this title. (2) the establishment of common research principles and objectives to guide the development of research ADVISORY COMMITTEE programs within the System; (3) the identification of uniform research methodolo- gies which will ensure comparability of data, the broad- SEC. 314. [Repealed] est application of research results, and the maximum use [314 repealed by PL 99-272) of the System for research purposes, (4) the establishment of performance standards upon NATIONAL ESTUARINE RESERVE which the effectiveness of the research efforts and the RESEARCH SYSTEM value of reserves within the System in addressing the coastal management issues identified in subsection ( I SEC. 315. (a) Establishment of the System.-There is may be measured; and establishe@ the National Estuarine Reserve Research (5) the consideration of additional sources of funds for System (hereinafter referred to in this section as the estuarine 'research than the funds authorized under this 'System') that consists of- Act, and strategies for encouraging the use of such funds (1) each estuarine sanctuary designated under this within the System. with particular emphasis on mecha- section as in effect before the date of the enactment of nisms established under subsection M. the Coastal Zone Management Reauthorization Act of In developing the guidelines under this section. the 1985; and Secretary shall consult with prominent members of the (2) each estuarine area designated as a national es- estuarine research community. tuarine reserve under subsection (b). (d) Promotion and Coordination of Estuarine Re- Each estuarine sanctuary referred to in paragraph (1) is search.-The Secretary shall take such action as is hereby designated as a national estuarine reserve. necessary to promote and coordinate the use of the (b) Designation of National Estuarine Reserves.- System for research purposes including- After the date of the enactment of the Coastal Zone (1) requiring that the National Oceanic and Xtmo- Management Reauthorization Act of 1985. the Secre- spheric Administration, in conducting or supporting es- tary may designate an estuarine area as a national tuarine research give priority consideration to research estuarine reserve if- that uses the System; and (1) the Governor of the coastal State in which the (2) consulting with other Federal and State agencies area is located nominates the area for that designation; to promote use of one or more reserves within the and System by such agencies when conducting estuarine (2) the Secretary finds that- research. (A) the area is a representative estuarine ecosystem (e) Financial Assistance.-(I) The Secretary mav. in that is suitable for long-term research and contributes to accordance with such rules and regulations as @he Sc'cre- the biogeographical and typological balance of the tary shall promulgate, make grants- System: (A) to a coastal State- Emword"em Peporw so S-763 COASTAL ZONE ACT 71:8019 (i) for purposes of acquiring such lands and waters, consistent with the research guidelines developed under and any property interests therein, as are necessary to subsection (c). ensure the appropriate long-term management of an (g) Report.-The Secretary shall include in the report area as a national estuarine reserve. required under section 316 information regarding- (ii) for purposes of operating or managing a national (1) new designations of national estuarine reserves: estuarine reserve and constructing appropriate reserve (2) any expansion of existing national estuarine facilities. or reserves; (iii) for purposes of conducting educational or inter- (3) the status of the research program being conduct- pretive activities, and ed within the System; and (B) to any coastal State or public or private person for (4) a summary of the evaluations made under subsec- purposes of supporting research and monitoring within a tion (f). national estuarine reserve that are consistent with the research guidelines developed under subsection (c). [315 amended by PL 96-464; revised by PL 9972721 (2) Financial assistance provided under paragraph (1) shall be subject to such terms and conditions as the COASTAL ZONE MANAGEMENT REPORT Secretary considers necessary or appropriate to protect [316 head revised by PL 96-4641 the interests of the United States, including requiring SEC. 316. (a) The Secretary shall consult with the coastal States to execute suitable title documents setting Congress on a regular basis concerning the administra- forth the property interest or interests of the United tion of this title and shall prepare and submit to States in any lands and waters acquired in whole or part the President for transmittal to the Congress a report with such financial assistance. summarizing the administration of this title during each (3)(A) The amount of the financial assistance pro- period of two consecutive fiscal years. Each report. which vided under paragraph (1)(A)(i) of subsection (e) with shall be transmitted to the Congress not later than respect to the acquisition of lands and waters, or inter- April I of the year following the close of the ests therein, for any one national estuarine reserve may biennial period to which it pertains. shall include. but not exceed an amount equal to 50 per centum of the not be restricted to (1) an identification of the state costs of the lands, waters, and interests therein or programs approved pursuant to this title during the S4.000,000. whichever amount is less. preceding Federal fiscal year and a description of those (B) The amount of the financial assistance provided programs: (2) a listing of the states participating in under paragraph (1)(A)(ii) and (iii) and paragraph the provisions of this title and a description of the (1)(B) of subsection (e) may not exceed 50 per centum status of each state's programs and its accomplishments of the costs incurred to achieve the purposes described in during the preceding Federal fiscal year, (3) an itemiza- those paragraphs with respect to a reserve. tion of the allocation of funds to the various coastal (f) Evaluation of System Performance.-( I) The Sec- states and a breakdown of the major projects and areas retary shall periodically evaluate the operation and man- on which these funds were expended, (4) an identifi- agement of each national estuarine reserve. including cation of any state programs which have been reviewed education and interpretive activities, and the research and disapproved and a statement of the reasons for such being conducted within the reserve. action-, (5) a summary of evaluation findings prepared (2) If evaluation under paragraph (1) reveals that the in accordance with subsection (a) of section-312, and a operation and management of the reserve is deficient, or description of any sanctions imposed under subsections that the research being conducted within the reserve is (c) and (d) of this section; (6) a listing of all activities not consistent with the research guidelines developed and projects which. pursuant to the provisions of sub- under subsection (c), the Secretary may suspend the section (c) or subsection (d) of section @07. are not eligibility of that reserve for financial assistance under consistent With an applicable approved state manage- subsection (e) until the deficiency or inconsistency is ment program: (7) a summary of the regulations issued remedied. bv the Secretary or in effect during the preceding (3) The secretary may withdraw the designation of an Federal fiscal year. (8) a summary of a coordinated estuarine area as a national estuarine reserve if evalua- national strategy and program for the Nation's coastal tion under paragraph (1) reveals that- zone including identification and discussion of Federal. (A) the basis for any one or more of the findings made regional. state, and local responsibilities and functions under subsection (b)(2) regarding that area no longer therein: (9) a summary of outstanding problems arising exists-, or in the administration of this title in order of priority: (B) a substantial portion of the research conducted (10) a description of the economic, environmental. ai@d within the area, over a period of years, has not been social consequences of energy activity affecting the 5-16-M Pubftrwd by THE BUREAU OF NATIONAL AFFAIRS, INC.. Washwigton. D.C. 20037 51 71:8020 FEDERAL LAWS coastal zone and an evaluation of the effectiveness of under sections 306 and 306A. to remain available until financial assistance under section 308 in dealing with expended. such consequences. (11) a description and evaluation 1318(a)(1) revised by PL 99-2721 of applicable interstate and regional planning and (2) such sums, not to exceed S75,000,000 for each of coordination mechanisms developed by the coastal the fiscal years occurring during the period beginning states. (12) a summary and evaluation of the research, October 1. 1980. and ending September 30, 1988. as studies, and training conducted in support of coastal zone may be necessary for grants under section 308(b)-, management: and (13) such other information as may be appropriate. [318(a)(2) deleted and (a)(3) redesignated as (2) f316(a) amended by PL %-4641 by PL 99-2721 (b) The report required by subsection (a) shall contain (3) such sums. not to exceed S 1,000,000 for the fiscal such recommendations for additional legislation as the year ending September 30. 1986. and not to exceed Secretary deems necessary to achieve the objectives of $1.500,000 for each of the fiscal years occurring during this title and enhance its el7ective operation. the period beginning October 1. 1986. and ending Sep- (c) (1) The Secretary shall conduct a systematic tember 30, 1990. as may be necessary for grants under review of Federal programs, other than this title, that section 309, to remain available until expended: affect coastal resources for purposes of identifying (4) such sums, not to exceed S2,500,000 for the fiscal conflicts between the objectives and administration of year ending September 30, 1986, not to exceed such programs and the purposes and policies of this S3,800,000 for the fiscal year ending September 30, title. Not later than I year after the date of the enact- 1987, S4,500.000 for the fiscal year ending September ment of this subsection. the Secretary shall notify each 30. 1988, S5.000,000 for the fiscal year ending Septem- Federal agency having appropriate jurisdiction of any ber 30, 1989. and S5.500.000 for the fiscal year ending conflict between its program and the purposes and September 30, 1990, as may be necessary for grants policies of this title identified as a result of such review. under section 315, to remain available until expended; (2) The Secretary shall-promptly submit a report to and the Congress consisting of the information required (5) such sums, not to exceed S3,300,000 for the fiscal under paragraph (1) of this subsection. Such report year ending September 30, 1986, not to exceed shall include recommendations for changes necessary to $3,300,000 for the fiscal year ending September 30. resolve existing conflicts among Federal laws and 1987, S3,300,000 for the fiscal year ending September programs Lhat affect the uses of coastal resources. 30, 1988, $4.000.000 for the fiscaLyear ending Septem- [316(c) added by PL 96-4641 ber 30. 1989. and S4,000,006 for the fiscal year ending RULES AND REGULATIONS September 30, 1990. as may be necessary for adminis- trative expenses incident to the administration of this SEC 317. The Secretary shall develop and promulgate, title. pursuant to section 553 of title 5, United States Code, (318(a)(4)-(6) revised and redesignated jifter notice and opportunity for full participation by rele- as (3)-(5) by PL 99-272] vant Federal agencies. state agencies. local governments. regional organizations. port authorities. and other in- terested parties. both public and private. such rules and (b) There are authorized to be appropriated until regulations as may be necessary to carry out the October 1. 1986, to the Fund. such sums. not to exceed provisions of this title. $800,000,000, for the purposes of carrying out the provisions of section 308, other than subsection (t). of AUTHORIZATION OF APPROPRIATIONS which not to exceed S150,000.000 shall be for purposes SEC. 318. (a) There are authorized to be appropriated of subsections (c)( 1). (c)(2) and (c)(3) of such to the Secretary section. f318(a) revised by PL 96-464) [318(b) amended by PL 96-4641 (c) Federal funds received from other sources shall (1) such sums, not to exceed $35,000,000 for the fiscal not be used to pay a coastal state*s share of costs under year ending September 30, 1986. not to exceed section 306 or 309. S36.600,000 for the fiscal year ending September 30. [318(c) amended by PL 96-464) 1987, $37,900.00 for the fiscal year ending September [Editor's note: In addition to amending existing sec- 30. 1988, $38,800,000 for the fiscal year ending Septem- tions of the Coastal Zone Management Act of 1972 and ber 30, 1989, and S40.600,000 for the fiscal year ending adding new sections to the Act. PL 94-370 includes the September 30, 1990. as may be necessary for grants following sections:] Enwanum" Popo S2 COASTAL ZONE ACT S-763 71:8021 .SEC 15. ADMINISTRATION the same date and to each House of the Congress while (a) [Repealed by PL 95-2191 it is in session. Such final rule shall be referred to the (b) [Superseded by subsection (b) of PL 95-219. Committee on Commerce. Science. and Transportation See editor*s note below.] of the Senate and to the Committee on Merchant Marine and Fisheries of the House. respectively. (c) [Repealed by PL 99-2721 (2) Any such Final rule shall become effective in accordance with its terms unless. before the end of the SEC 16. SHELLFISH SANITA TION REGULA- period of sixty calendar days of continuous session. TIONS. after the date such final rule is submitted to the Congress. (a) The Secretary of Commerce shall - h.oth Houses of the Congress adopt a concurrent rcsolu- tion disapproving such final rule. 1) undertake a comprehensive review of all aspects of the molluscan shellfish industry. including. but not (b) (1) The provisions of this subsection are limited to. the harvesting. processing. and transportation enacted by the Congress of such shellfish: and (2) evaluate the impact of Federal law concerning (A@ as an exercise in the rulemaking power of the water 4uality on the molluscan shellfish industry. House of Representatives and as such they are deemed The Secretarv of'Commerce shall. not later than April a part of the Rules of the House of Representatives 30. 1977. submit a report to the Congress of the findings, but applicable only with respect to the procedure to be comments. and recommendat ions (if anv) which result followed in the House of Representatives in the case of from such revic%% and evaluation. concurrent resolutions which are subject to this section. (b) The Secretarv of Health. Education. and Welfure and iuch provisions . supers.ede other rules only to the extent that they are inconsistent with such other rules: shall not promulgate final regulations concerning the and national shellfish safety program before June 30. 1977. (B) with full recognition of the constitutional right At least 60 days prior to the promulgation of' any such of either House to change the rules (so far as relating regulations. the Secretary of' Health, Education'. and to the procedure of that House) at any time in the sam@ Welfare. in consultation with the Secretary of Commerce. manner and to the same extent as in the case of an% shall publish an analysis 0) of' the economic impact of other rule of 'that House. such retzulations on the domestic shellfish industry. and (2) Anv concurrent resolution disapproving a final (2);,the cost of such national shellfish safety program relative to the benefits that it is expected to achieve. rule of the Secretary shall. upon introduction or receipt from the other House of the Congress. be referred [Editor's note.- In addition to repealing Section 15(a) immediately by the presiding officer of such House to of PL 94-370. subsection (b) of PIL 95-219 amended the Committee on Commerce. Science. and Transporta- Section 5316 of Title 5. United States Code as follows: tion of the Senate or to the Committee on Merchant "(140) Assistant Administrator for Coastal Zone Marine and Fisheries of the House. as the case may be. Management, National Oceanic and Atmospheric Ad- (3) (A) When a committee has reported a con- ministration. current resolution. it shall be at any time thereafter in (141) Assistant Administrator for Fisheries, National order (even though a previous motion to the same effect Oceanic and Atmospheric Administration. has been disagreed to) to move to proceed to the con- (142) Assistant Administrators (3). National Oceanic sideration of the concurrent resolution. The motion and Atmospheric Administration. shall be highly privileged in the House of Representa- (143) General Counsel, National Oceanic and tives. and shall not be debatable. An amendment to Atmospheric Administration."] such motion shall not be in order. and it--shall not be in order to move to reconsider the vote b% which the (Editor's noie: Sections 2 through I I and 13 of motion was agreed to or disagreed to. PL 96-464 amended and have been incorporated into the (B) Debate in the House of Representatives on the existing language ofthis Act. Section 12 of PL 96-464 concurrent resolution shall be limited to not more than follows:] ten hours which shall be divided equal[% between those favoring and those opposing such concurrent resolution SEC. 12. CONGRESSIONAL DISAPPROVAL and a motion further 'to limit debate shall not be PROCEDURE. debatable. In the House of Representatkes. an amend- (a) (1) The Secretary. after promulgating a Final ment to. or motion to recommit. the concurrent rule. shall submit such final rule to the Congress for resolution shall not be in order. and it shall not be review in accordance with this section. Such final rule in order to move to reconsider the vote h% which such shall be delivered to each House of the Congress on concurrent resolution was agreed to or disagreed to. S-16416 Pubhshed by THE BUREAU OF NATIONAL AFFAIRS. INC.. WaShington, O.C. 20037 53 71:8022 FEDERAL LAWS (4) Appeals from the decision of the Chair relating shall be reviewable by appeal directly to the Supreme to the application of the rules of the House of Repre- Court of the United States. Such appeal shall be brought sentatives to the procedure relating to a concurrent not later than twenty days after the decision of the resolution shall be decided without debate. court of appeals. (5) Notwithstanding any other provision of this (3) [Repealed) subsection. if a House has approved a concurrent resolution with respect to any final rule of the 112(c)(3) repealed by PL 98-6201 Secretary, then it shalt not be in order to consider in such House any other concurrent resolution with respect (f) (1) For purposes of this s *cction- to the same final rule. (A) continuity of session is broken only by an ad- (c) (1) If a final rule of the Secretary is disapproved journment sine die; and by the Congress under subsection (a)(2), then the (B) days on which the House of Representatives is Secretary may promulgate a final rule which relates not in session because of an adjournment or more to the same acts or practices as the final rule disapproved than rive days to a dav certain are excluded in by the Congress in accordance with this subsection. the computation of the periods specified in subsection Such final rule- (aX2) and subsection (b). (A) shall be based upon- (2) If an adjournment sine die of the Congress (i) the rulemaking record of the final rule dis- occurs after the Secretary has submitted a final rule approved by the Congress; or under subsection (aXl), but such. adjournment occurs- (ii) such rulemaking record and the record estab- lished in supplemental rulemaking proceedings con- (A) before the end of the period specified in ducted by the Secretary in accordance with section 553 of title 5. United States . Code. in any case in which the subsection (a)(2); and. Secretary determines that it is necessary to supplement (B) before any action necessary to disapprove the the existing rulemaking record. and Final rule is completed under subsection (a)(2): (B) may contain such changes as the Secretary then the Secretary shall be required to resubmit the final rule involved at the beginning of the next regular considers n'ecessary or appropriate. session of the Congress. The period specified in sub- (2) The"Secretary after promulgating a final rule section (a)(2) shall begin on the date of such resub- under this subsection, shall submit the final rule to the mission. Congress in accordance with subsection (aXl). (g) For purposes of this section: (d) Congressional inaction on, or rejection of a (1) The term "Secretarv" means the Secretary of concurrent resolution ofdisapproval under this section shall not be construed as an expression of approval Commerce. of the final rule involved, and shall not be construed (2) The term "concurrent resolution" means a con- to create any presumption of validity with respect to current resolution the matter after the resolving clause such final rule. of which is as follows: "That the Congress disapproves (e) (1) Any interested party may institute such the final rule promulgated by the Secretary of Commerce actions in the appropriate district court of the United dealing with the matter @f which final rule States. including actions for declaratory judgment. as was submitted to the Congress on (The may be appropriate to construe the constitutionality blank spaces shall be filled appropriately.) of any provision of this section. The district court - (3) The term "rule" means any* ruie promulgated imme@iately shall certify all questions of the consti- by the Secretary pursuant to the Coastal Zone Manage- tutionality of this section to the United States court ment Act (16 U.S.C. 1450 et. seq.). of appeals for the circuit involved, which shall hear (h) The provisions of this section shall take effect the matter sitting en banc. on the date of the enactment of this Act and shall (2) Notwithstanding any other provision of law, any cease to have any force or effect after September 30, decision on a matter certified under paragraph (1) 1985. EnvirorwrAnt ROPOM S4 v I Appendix - t,, Coastal Pro,*Ljoi: 0 Questionnaire I- -Coastal Project Questionnaire and Certification Statement Please answer all questions. Include maps or plan drawings with your packet. An incomplete questionnaire may be returned and will delay the review of your packet. APPLICANT INFORMATION 2. Name of Applicant Contact Person Address Address City State Zip Code City State Zip Code Phone Phone PROJECT INFORMATION 1. Provide a brief description of your project and ALL associated facilities (caretaker facilities, etc.): Starting Date for Project Ending Date for Project PROJECT LOCATION 1. Please give location of project. (Include nearest community or identifiable body of land or water.) Township - Range - Meridian - Section - Aliquot Parts - USGS Map 2. Is the project on: (please mark with v/) State Land - Federal Land - Private Land - Municipal Land 3. Project is located in which region of the state (see attached map): Northern Southcentral Southeast PERMIT APPROVALS 1. Do you currently have any State or federal approvals for this project? If yes, please list below. Yes No (Note: aMrOval means permit or any other form of authorization.) E-1 E3 Approval Ty Approval Expiration Date FEDERAL APPROVALS 1. Will you be placing structures or fills in any of the following: tidal waters, Yes No streams, lakes, or wetlands*? F-1 1:1 If you are uncertain whether your proposed project area is in a wetland, contact the Corps of Engineers, Regulatory Branch at (907) 753-2720 for a wetlands determination. If you are outside the Anchorage area, call toll free 1.800-478-2712. If yes, have you applied for or do you intend to apply for a U.S. Army Corps of Engineers Yes No (COE) permit? Please indicate at right and describe below. -1- 2. Have you applied for or do you intend to apply for a U.S. Environmental Protection Agency Yes No National Pollution Discharge Elimination System (NPDES) permit? Please indicate at right and describe below. (Note: Any wastewater discharge requires an NPDES permit.) 3. Have you applied for or do you intend to apply for permits from any other federal agency? Yes No If yes, please list below. 1:1 1:1 0 Agency Approval T Date submitted (or intend to submit) DEPARTMENT OF NATURAL RESOURCES APPROVALS Yes No 1. Is the proposed project on state-owned land or will you need to cross State lands for access? El 1:1 2. Is any portion of your project placed below the ordinary high water line of a stream, river, Yes No lake or other water body? M ED Yes No 3. Will you be dredging? If yes, location of dredging is: M E3 Township - Range - Meridian - Section Location of disposal site for dredged materials: Township Range - Meridian - Section Yes No 4. Will you be filling with rock, sand or gravel? If yes, amount? El M 9 Location of source: Township - Range - Meridian - Section * Location of area to be filled: Township -Range - Meridian - Section Yes No 5. Do you plan to use any of the following state-owned resources? L_J Li Timber aIf yes, amount? 9Location of source: Township Range - Meridian - Section Other Materials *If yes, what material9 (peat, building stone, silt, overburden, etc.) aLocation of source: Township Range - Meridian Section Yes No 6. Are you planning to use any fresh water? E3 M * If yes, amount (gallons per day)? * Source? Yes No 7. Will you be building or altering a dam? [3 1:1 8. Do you plan to drill a geothermal well9 1:1 El 9. Will you be exploring for or extracting coal? 13 1:3 10. Will you be exploring for or extracting minerals on state-owned land? E3 E3 11. Will you be exploring for or extracting oil and gas on state-owned land? El M 12. Will you be harvesting timber from 10 or more acres? E3 El 13. Will you be investigating or removing historical or archaeological resources Yes No on state-owned land? -2- 14. Will the project be located in a unit of the Alaska State Park System? Yes No D If you answered NO to all questions in this section, you do not need an approval from the Alaska Department of Natural Resources (DNR). Continue to the next section. If you answered YES to ANY questions in this section, contact DNR to identify and obtain necessary application forms. Based on your discussion with DNR, please list (below) the approval type needed and date submitted. Approval Type Date Submitted (or intend to submit) Have you paid the filing fees required for the DNR permits? Yes No [3 If you are not applying for DNR permits, indicate reason below: - a. (DNR contact) told me on -(date) that no DNR approvals or permits were required on this project. - b. Other: DEPARTMENT OF FISH AND GAME APPROVALS 1. Will you be working in a stream, river, or lake? (This includes running water or on ice, Yes No within the acive floodplain, on islands, the face of the banks, or the stream tideflats down 1:1 E:1 to mean low tide.) Name of stream or river- Name of lake: If you answered "no", proceed to question #2. If "yes", will you be doing any of the following: Yes No a) Building a dam, river training structure or instrearn impoundment? b) Using the water? c) Diverting or altering the natural channel stream? d) Blocking or damming the stream, (temporarily or permanently)? 13 ID e) Changing the flow of the water or changing the bed? f) Pumping water out of the stream or lake? g) Introducing silt, gravel, rock, petroleum products, debris, chemicals or wastes of 0 any type into the water? h) Using the stream as a road (even when frozen), or crossing the stream with tracked El F1 or wheeled vehicles, log-dragging or excavation equipment (backhoes, bulldozers, etc.)? i) Altering or stabilizing the banks? M D j) Mining or digging in the beds or banks? 1:1 E3 k) Using explosives? M 1:1 1) Building a bridge (including an ice bridge)? E] 0 m) Installing a culvert or other drainage structure? M M n) Constructing a weir? M -3- 0) Other in-stream structure not mentioned above? Yes No 1:1 0 2. Is your project located in a State Game Refuge, Critical Habitat Area, or State Game Sanctuary? E] 3. Does your project include the construction and operation of a salmon hatchery? El 4. Does your project affect or is it related to a previously permitted salmon hatchery? 5. Does your project include the construction of a shellfish or sea vegetable farm? If you answered NO to all questions in this section, you do not need an approval from the Alaska Department of Fish and Game (DFG). Continue to the next section. If you answered YES to any of the questions under I or 2, contact the Regional DFG Habitat Division Office for information and application forms. If you answered YES to questions 3, 4 or 5, contact the DFG Private Nonprofit Hatchery Office at the F.R.E.D. division headquarters for information and application forms. Yes No Based on your discussion with DFG, please list (below) the approval type needed and date submitted. Ei F-1 Approval Type Date Submitted (or intend to submit) If you are not applying for permits, indicate reason below: a. (DFG contact) told me on -(date) that no DFG approvals or permits were required on this project. b. Other: DEPARTMENT OF ENVIRONMENTAL CONSERVATION APPROVALS Yes No 1. Will a discharge of wastewater from industrial or commercial operations occur? (See #2 in "Federal Permits" section) 2. Will your project generate air emissions from the following: 71 a) Diesel generators totaling more than 10,000 lip? b) Other fossil fuel-fired electric generator, furnace, or boiler totaling greater than 10,000 hp, or 9,000 kWh, or 100,000,000 btu/hr? c) Asphalt plant? d) Incinerator burning more than 1000 lbs. per hour? e) Industrial process? 11 El 3. Will a drinking water supply be developed that serves more than a single-family residence? 4. Will you be processing seafood? 5. Will food service be provided to the public or workers? 0 ID 6. Will the project result in dredging or disposal of fill in wetlands or placement of a structure in waterways? (Note: your application for this activity to the Corps of Engineers will also serve as your application to DEC.) 7. Is sewage or greywater disposal involved or necessary? -4- 8. Will your project result in the development of a currently unpermitted facility for the disposal M 1:1 of domestic or industrial solid waste? 9. Will your project require offshore drilling or vessel transport of oil, or other petroleum El 1:3 products as cargo, or include onshore facilities with an effective storage capacity of greater than 10,000 barrels of such products? 10. Will your project require the application of oil or pesticides to the surface of the land? ED M If you answered NO to all questions in this section, you do not need a permit or approval from the Alaska Department of Environmental Conservation (DEC). Please continue to the next section. If you answered YES to any of these questions (see #6 Note), contact the DEC Regional Office for information and application forms. Based on your discussion with DEC, please list (below) the approval type needed and date submitted. Approval Type Date Submitted (or intend to submit) If you are not applying for permits, indicate reason below: a. (DEC contact) told me on date) that no DEC approvals or permits were required on this project. b. Other: Certification Statement 'Me information contained herein is true and complete to the best of my knowledge. I certify that the proposed activity complies with, and will be conducted in a manner consistent with, the Alaska Coastal Management Program. Signature of Applicant or Agent Date To complete your packet, please attach your state permit applications and copies of your federal applications to this questionnaire. -5- if -@-- -1 I Appendix E . i PROFS. L APPENDIX E PROFS: HOW TO AND WHOM TO The state's electronic communication system is called PROFS (Professional Office System). State agency and some coastal district staff use PROFS to comment on permits in the coastal zone. PROFS can be accessed with either an IBM terminal or an IBM-compatible personal computer (PC) and modem. You can obtain a PROFS user identification code through DGC, which iden- tifies your particular agency or you individually. DGC will also provide PROFS training for districts at coastal management conferences or individu- ally when possible. The most important PROFS functions that district users need to know are how to: � log-on PROFS; � receive notes (check the mail); � file notes; send notes; set up a nickname file; and transmit lengthy documents. It is helpful to know how to do a "file-transfer" from a PC diskette to PROFS and visa-versa. File transfers require a special software diskette called "FTTERM." Please contact DGC if you have any questions regards PROFS and its use. If you are interested in scheduling a training session, DGC can provide PROFS training by contacting them at 465-3562. The directory of PROFS users within DGC, as well as statewide, follows. District Implementation Manual DATE Sept. 1988 PAGE E-1 I I 0 0 0 District Implementation Manual DATE Sept. 1988 pAGE E-2 J OFFICE OF THE GOVERNOR DIVISION OF GOVERNMENTAL COORDINATION DIRECTORY OF PROFS USERS PLEASE NOTIFY MARY BIXBY, GCHCRLG (465-3562), OF ANY NECESSARY ADDITIONS OR CORRECTIONS. Department of Environmental Conservation ............. page 1 Department of Fish and Game .......................... page 2-3 Department of Natural Resources ...................... page 4 Anchorage ....................................... page 5-6 Juneau .......................................... page 7 Fairbanks ....................................... page 8 Division of Governmental Coordination ................ page 9 Other State Agencies ................................. page 10 Federal Agencies ..................................... page 11 Coastal Districts .................................... page 12 ACMP Working Group ................................... page 13 State Agency CSU Contacts .............. 10 ............. page 14 Help Resources ....................................... page 15 Telecopy Numbers ..................................... page 16-18 September 1988 DEPARTMENT OF ENVIRONMENTAL CONSERVATION BY LOCATION: COMMISSIONER'S OFFICE Commissioner Kelso VCOCCOM 465-2600 Deputy Commissioner Kyle VCOCDEP 465-2600 Annie Barnack (Secretary) VCOCCOM 465-2600 Mark Thorson (Admin.) VASCMJT 465-2621 DIVISION OF ENVIRONMENTAL HEALTH Susan Braley c/o Doug Donegan VCOCCOM 465-2696 DIVISION OF ENVIRONMENTAL QUALITY Larry Dietrick (Director) VMSCTAL 465-2640 Dan Easton VMSCTAL 465-2640 Kerry Howard (ACMP Coordinator) VWQCKMH 465-2653 Paul O'Brien VWQCOPC 465-2653 Douglas Redburn VWQCDRR 465-2653 SOUTHEAST REGIONAL OFFICE Steve Haavig VROCSER 789-3151 Deena Henkins VROCSER 789-3151 Amy Kruse VROCSER 789-3151 Dick Stokes VROCSER 789-3151 Alex Viteri VROCSER 789-3151 Elena Witkins VROCSER 789-3151 *Joan Hughes (PIC) VROCSER 789-3151 SOUTHCENTRAL REGIONAL OFFICE Bob Flint VROCSC5 563-6529 Henry Friedman VROCSC4 563-6529 Julie Howe VROCSC3 563-6529 Bill Lamoreaux VROCSCR 563-6529 Tim Rumfelt VROCSCl 563-6529 Joe Sautner VROCSC6 563-6529 Mike Wheeler VROCSC2 563-6529 Bob Martin VROCSCR 563-6529 *Lynn Cochrane (PIC) VROCSCR 563-6529 NORTHERN REGIONAL OFFICE Paul Bateman VROCNRO 452-1714 Joyce Beelman VROCNRO 452-1714 Doug Lowery VROCNRO 452-1714 Pete McGee VROCNR1 452-1714 *Gail Funk (PIC) VROCNRO 452-1714 Simon Mawson (Nome) VROCNOM 443-2600 *PIC = Permit Information Center - 1 - DEPARTMENT 0 F FISH AND GAME BY LOCATION: COMMISSIONER'S OFFICE Commissioner Collinsworth FCOCDWC 465-4100 Diana Davidson (Secretary) FCOCDWC 465-4100 Deputy Commissioner Cohen FCOC001 465-4100 Janelle Sonderland (Secretary) FCOC002 465-4100 David Benton FCOCDA13 465-4100 HABITAT DIVISION HEADQUARTERS Frank Rue (Director) FHDC006 465-4105 Bruce Baker FHDCBHB 465-4105 Melanie Moats (Secretary) FHDCJHQ 465-4105 Ellen Fritts FHJCEIF 465-4105 HABITAT, SOUTHEAST REGION Rick Reed, Juneau, Supervisor FHlCDGL 465-4290 Thea Nelson (Secretary) FHlCTHN 465-4290 Don Cornelius, Petersburg FHlCPRG 772-3801 Glenn Freeman, Ketchikan FHlCKKN 225-2027 Jack Gustafson, Ketchikan FHICKKN 225-2027 Janet Hall, Juneau FHlCJEH 465-4290 Dave Hardy, Sitka FHlCSTK 747-5828 Lana Shea, Juneau FH1CTHN 465-4290 HABITAT, SOUTHCENTRAL REGION Lance Trasky, Supervisor FH4CANW 267-2342 Permitting FH2CANC 265-2284 Planning FH4CANW 267-2346 Steve Albert FH2CO01 267-2146 Dimitri Bader FH4CANW 267-2295 Phil Brna FH2CPJB 267-2278 Al Carson FHTCTSU 267-2292 Debby Clausen FH4CDLC 267-2330 Durand Cook FH2CO03 267-2338 Wayne Dolezal FH2CANC 267-2333 Cevin Gilleland FH2CANC 267-2294 Mark Kuwada FH4CDSL 267-2277 Gary Liepitz FH2CGSL 267-2281 Don McKay FH2CANC 267-2279 Glenn Seaman (ACMP Coordinator) FH4CCZM 267-2331 Rick Sinnott FH4CRJS 267-2446 Claudia Slater FH2CO02 267-2336 Kimbal Sundberg FH2CKAS 267-2334 2 DEPARTMENT OF FISH AND GAME HABITAT, NORTHERN REGION Office Account FH3CFBX 451-6192 Al Ott, Supervisor FH3CAGO 451-6192 Carl Hemming FH3CFBX 451-6192 Robert "Mac" McLean FH3CRFM 451-6192 Matt Robus FH3CMHR 451-6192 Richard Shideler FH3CFBX 451-6192 Al Townsend FH3CFBX 451-6192 GAME DIVISION Tina Cunning, Nome FGSCARC 443-2825 Phil Koehl, Juneau FGSCGHQ 465-4190 FRED DIVISION, JUNEAU Brian Allee, Director FFHCFHQ 465-4160 Sam Bertoni FFHCTHM 465-4163 Kevin Duffy FFHCPNP 465-4163 Ron Josephson FFHCSEO 465-4163 Jerry Madden FFHCPNP 465-4163 Steve McGee FFHCPNP 465-4163 Monty Norvell FFHCMDN 465-4163 SUBSISTENCE DIVISION Terry Haynes, Fairbanks FSSCTEH 452-1531 Jim Magdanz, Kotzebue FSSCKTZ 442-3420 COMMERCIAL FISH DIVISION Director's Secretary, Juneau FFMCKPP 465-4210 3 DEPARTMENT OF NATURAL RESOURCES BY DIVISION: COMMISSIONER Commissioner NALCMBI 465-2400 ACMP Coordinator, Juneau NALCJPO 465-2400 DIVISION OF AGRICULTURE Director NAGCDAG 745-7200 DIVISION OF FORESTRY Director NFBCDIR 465-2491 Fairbanks NFBCDFF 451-2700 Haines NFBCHAI 766-2120 Juneau, Southeast Region NFBCSED 465-2491 Ketchikan NFBCKET 225-3070 Soldotna NFBCDFS 262-7559 DIVISION OF GEOLOGICAL AND GEOPHYSICAL SURVEYS Director NMSCDGG 451-2700 DIVISION OF LAND AND WATER MANAGEMENT Director NRSCDLW 762-4355 NRO NRSCNCD 451-2700 NRO Water Section NRSCNRW 451-2700 NRO-ACMP Liaison NRSCGBE 451-2700 SCRO District Office NRSCSCD 762-2253 SCRO-ACMP Liaison NRSCCMP 762-2249 Mat-Su Area Office, Wasilla NRSCLWW 376-4595 SERO-ACMP Liaison NRSCCDE 465-3400 SERO District Office, Juneau NRSCSED 465-3400 Resource Allocation Section, Juneau NRSCRAJ 465-3400 Resource Allocation Section, Anchorage NRSCRAS 762-2660 DIVISION OF MINING Director NSMCDOM 762-4192 Fairbanks NSMCJUD 451-2700 Juneau NSMCJNO 465-3400 DIVISION OF OIL AND GAS Director NORCDOG 762-4241 ACMP Liaison NORCJWH 762-4242 DIVISION OF PARKS AND OUTDOOR RECREATION Director NRICDPR 762-4505 Kenai District Office NRICKDO 262-5581 Northern Regional Manager NRICNRP 451-2700 Southcentral Regional Office NRICSCR 762-4565 Southeast Regional/Operations NRICSER 465-4563 4 DNR STAFF IN ANCHORAGE Division of Land and Water Management/SCRO, Anchorage and Wasilla CAROL ASI NRSCCAS 762-2253 CAROL COMPTON (Wasilla) NRSCLWW 376-4595 GREG CURNEY NRSCCMP 762-2270 ARLON DEYONG NRSCADY 762-2253 GINGER GALLUS NRSCSLC 762-2284 GARY GUSTAFSON (Director) NRSCGGU 762-2692 JUDY JETT NRSCJJE 762-2284 KIM KRUSE NRSCRLK 762-2277 DICK LEFEBVRE NRSCRLE 762-2692 LINDA MEDEROS (Wasilla) NRSCLWW 376-4595 DICK MYLIUS NRSCRAS 762-2260 RINDI PATTERSON NRSCLPA 762-2469 JANETTA PRITCHARD (ACMP Liaison) NRSCCMP 762-2270 GARY PROKOSCH NRSCGPR 762-2277 KEN ROWELL NRSCSCD 762-2270 GARY SAUPE NRSCSLC 762-2284 MARY SIMS-WALTER NRSCRLA 762-2277 MIKE SULLIVAN NRSCLWW 762-2270 RON SWANSON NRSCRAS 762-2660 RICK THOMPSON NRSCRTH 762-2270 BILL WRIGHT NRCSBWR 762-2277 Division of Oil and Gas/Anchorage JIM EASON (Director) NORCDOG 762-2547 JOEL IVEY NORCJIV 762-2593 DAVE JOHNSTON* NORCWSR 762-2592 KRIS O'CONNOR NORCKOC 762-2548 PAM ROGERS NORCPRO 762-2584 WADE SROCK NORCWSR 762-2594 BILL VAN DYKE NORCDOG 762-2550 JOHN WHARAM (ACMP Liaison) NORCJWH 762-2555 CAROL WILKINSON NORCCWI 762-2581 *Care of Wade Srock's PROFS account Division of Mining/Anchorage JERRY GALLAGHER (Director) NSMCDOM 762-2165 SAM DUNAWAY NSMCDOM 762-2171 SUZANNE GAGUZIS NSMCDOM 762-2518 MITCH HENNING (ACMP Liaison) NSMCDOM 762-2109 CARLOS LOZANO NSMCDOM 762-2180 CAROL PAHLKE NSMCDOM 762-2181 BOB STUVEK (APMA Processing) NSMCSTU 762-2163 5 DNR STAFF IN ANCHORAGE Division of Parks/Anchorage and Kenai JUDITH BITTNER NRICDPR 762-2626 PAUL CHATTEY NRICDPR 762-2624 BILL GARRY (Kenai) NRICKDO 262-5581 BARBARA HOPE NRICSCR 762-2617 DEBBIE KIRSCH NRICDKI 762-2646 PETE PANARESE NRICPPA 345-5014 CHERYL SCOTT NRICCSC 762-2608 Division of Forestry/SCRO and Anchorage HAL BRACKETT NFBCHBR 762-2125 DAVE WALLINGFORD (ACMP Liaison) NFBCDOF 762-2501 Division of Agriculture/Palmer FRANK MIELKE (Director) NRSCFMI 745-7200 6 DNR STAFF IN JUNEAU AND SOUTHEAST Commissioner's Office/Juneau JUDITH BRADY, COMMISSIONER C/O MICHELE WATTS NALCMBI 465-2400 LARRY OSTROVSKY (Special Assistant) NALCMBI 465-'2400 JIM POWELL (ACMP Coordinator) NALCJPO 465-2400 Division of Land and Water Management/SERO ODIN BRUDIE NRSCOBR 465-3400 JANET BURLESON NRSCJBU 465-3400 TED DEATS NRSCTDE 465-3400 CHAS DENSE NRSCRAJ 465-3400 DEE KOESTER NRSCRAJ 465-3400 CHRIS LANDIS NRSCCLA 465-3400 NAN MUSSELWHITE NRSCNMU 465-3400 BOB PALMER NRSCRPA 465-3400 ANDY PEKOVICH NRSCSEM 465-3400 FRAN ROCHE (ACMP Liaison) NRSCMPP 465-3400 RITA ROMANS NRSCRRO 465-3400 RON SCHONENBACH NRSCRSC 465-3400 STEVE SCOTT NRSCSSC 465-3400 ELIZAVETA SHADURA NRSCESH 465-3400 Division of Forestry/Southeast (Director) NFBCDIR 465-2491 DREW GRANT (Juneau) NFBCJAG 465-2491 BILL HANSON (Ketchikan) NFBCKET 225-3070 GEORGE HOLLETT (Juneau) NFBCDIR 465-2491 ROY JOSEPHSON (Haines) NFBCHAI 766-2120 JIM MCALLISTER (Juneau) NFBCSED 465-2491 MIKE PEACOCK (Juneau) NFBCSED 465-2491 Division of Mining/Juneau FRANKIE PILLIFANT NSMCJNO 465-3400 Division of Parks/Juneau LINDA KRUGER NRICLKR 465-4563 TERRY RADER NRSCMPP 465-4563 7 DNR STAFF IN FAIRBANKS Division of Land and Water Management/NRO GAYLE BERGER (ACMP Liaison) NRSCGBE 451-2700 JACK KERIN (LUP) NALCNCD 451-2700 CHRIS MILLES (TAGS) NRSCCMI 451-2700 BILL NEWMAN (Materials) NRSCWNE 451-2700 GARY SCHULTZ (Water) NRSCNRW 451-2700 RICK SMITH (Operations) NRSCNCD 451-2700 STEVE TRICKETT (ROW) NRSCNCD 451-2700 NANCY WELCH (Information) NRSCNWE 451-2700 GREG ZIMMERMAN (NSP) NRSCGZI 451-2700 Division of Mining JUDD PETERSON NSMCJUD 451-2700 JOY ZUKE NSMCJOY 451-2700 Division of Forestry STEVE CLAUTICE NFBCDFF 451-2700 Division of Geological and Geophysical Surveys TOM BUNDTZEN NMSCDGG 451-2700 DIVISION OF GOVERNMENTAL COORDINATION BY LOCATION, IN ALPHABETICAL ORDER: CENTRAL OFFICE Jan Caulfield GCHCJCM 465-3562 Joaqlin Estus GCHCJME 465-3562 Kurt Fredriksson GCHCKAF 465-3562 Terri Gallant GCHCO02 465-3562 Bob Grogan/Mary Bixby GCHCRLG 465-3562 Nancy Holguin -GCHCNAH 465-3562 Veronica Hoyle GCHCO05 465-3562 Sara Hunt GCHCSLH 465-3562 Craig Lindh GCHCCJL 465-3562 Angie MacPherson GCHCO07 465-3562 Barb Sheinberg GCHCBJS 465-3562 Lani VanderSyde GCHCO09 465-3562 SOUTHEAST OFFICE Jackie Brown GCHC008 465-3562 Lorraine Marshall GCHCLFM 465-3562 Diane Mayer GCHCDEM 465-3562 Carrie Sykes GCHCO01 465-3562 NORTHERN OFFICE Elizabeth Benson GCHCEAB 451-2818 Patti Wightman GCHCO04 451-2818 SOUTHCENTRAL OFFICE Patty Bielawski GCHCPJB 274-1581 Sally Gibert GCHCSMG 274-3528 Pat Miller GCHCO03 274-1581 Debra Oylear GCHCDJO 274-3528 Louisa Rand GCHCLBR 274-1581 Janice E. Ryan GCHCO06 274-3528 Alison Smith GCHCALS 274-1581 Michelle Sydeman GCHCEMS 274-3528 9 OTHER STATE AGENCIES GOVERNOR'S OFFICE Lisa Taylor GASCABA 465-3500 Carla Dedera GASCCCD 465-3500 Terry Eller GASCTDE 465-3544 Fred Fisher GASCFWF 465-3544 Sue Goodale GASCSGO 465-3500 Vern Jones GASCVOJ 465-3544 Stacey Seitz GASCMRW 465-3500 Rod Swope (c/o Stacey Seitz) GASCMRW 465-3500 DEPARTMENT OF COMMERCE AND ECONOMIC DEVELOPMENT Commissioner Smith c/o Kris Mooney DAAC002 465-2501 Bill Paulick c/o Kris Mooney DAAC002 465-2023 Thyes Shaub c/o Geoff Whistler DNBCJEF 465-2094 Geoff Whistler DNBCJEF 465-2023 Caren Mathis DAACCLM. 562-2728 DEPARTMENT OF COMMUNITY AND REGIONAL AFFAIRS Juneau: Commissioner Hoffman JTLC112 465-4700 Gladyce Williamson JTLC100 465-4700 Peter Freer JTLC308 465-4750 Tom Lane JTLC301 465-4750 Wayne Longacre JTLC303 465-4750 Peter McKay JTLC304 465-4750 Anchorage: Rick Elliot JTLC357 561-8586 Marty Rutherford JTLC356 561-8586 Nelda Warkentin JTLC358 561-8586 DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES Art Dunn, Douglas TSCCT08 364-4207 Nate Johnson, Douglas TSCCT11 364-4214 Mike McKinnon, Douglas TSCCT10 364-4205 Van Sundberg, Douglas TSCCT12 364-4205 Bruce Wells, Juneau, THTCBEW 465-2957 Environmental Review Section DEPARTMENT OF LAW Attorney General's Office WPFCJAG 465-3600 DEPARTMENT OF ADMINISTRATION Jan Hickey (Records Storage, Juneau) APUC073 465-2276 - 10 - FEDERAL AGENCIES NATIONAL MARINE FISHERIES SERVICE Juneau ZCLCNMF 586-7236 Anchorage ZCLCRNM 271-5006 CORPS OF ENGINEERS Anchorage ZCUCCOE 552-3117 MINERALS MANAGEMENT SERVICE Anchorage ZCNCMMS 261-4010 SOUTHCENTRAL COASTAL DISTRICTS Aleutians East Marjorie Dunaway ZCJCALE Aleutians West Darcy Lockhart ZCGCAWC Anchorage Mark Dalton ZCCCANC Thede Tobish ZCCCTGT Bristol Bay CRSA Sue Flensburg ZCECBRB Peter Crimp Cenaliulriit Anna Phillip ZCACCEN Kenai Borough Sylvia Spearow ZCQCKPB Matanuska-Susitna Borough Claud Oxford ZCRCMSB Whittier* Doug Bolle ZCSCWHT NORTHERN COASTAL DISTRICTS North Slope Borough Karla Kolash, Dave Germann, ZCKCNSB Dave Smith, Sarah Newman SOUTHEAST COASTAL DISTRICTS Craig Dave Palmer ZCVCCRG Rochelle Rollenhagen Juneau Murray Walsh ZCBCJUN Kake Bill Cheney ZCOCKAK Ketchikan Bill Jones ZCHCKET Pelican* Jenny Weaver ZCTCPEL Sitka Stu Denslow ZCPCSIT Marlene Campbell CONSULTANTS Anchorage Jim Glaspell ZCICGLP Anchorage Jon Isaacs ZCMCISA Anchorage Gordon Lewis ZCWCLEW *These accounts will be active in the near future--verify that they 40 are open before using. - 12 - ACMP WORKING GROUP Jan Caulfield, DGC GCHCJCM 465-3562 Jim Powell, DNR NALCJPO 465-2400 Kerry Howard, DEC VWQCKMH 465-2653 Glenn Seaman, DFG FH4CCZM 267-2331 Rick Sinnott, DFG FH4CRJS 267-2446 Nelda Warkentin, DCRA JTLC358 561-8586 Bruce Wells, DOTPF THTCBEW 465-2957 Geoff Whistler, DCED DNBCJEF 465-2023 13 STATE AGENCY CONTACTS FOR CONSERVATION SYSTEM UNIT (CSU) REVIEWS SALLY GIBERT GCHCSMG 274-3528 State CSU Coordinator Division of Governmental Coordination MICHELLE SYDEMAN GCHCEMS 274-3528 Division of Governmental Coordination CRAIG LINDH GCHCCJL 465-3562 Division of Governmental Coordination MARK MAYO TWAC002 266-1451 Department of Transportation and Public Facilities AL CARSON FHTCTSU 267-2292 Department of Fish and Game ROB WALKINSHAW NRSCRAS 561-2660 Department of Natural Resources LARRY OSTROVSKY NALCMBI 465-2400 Department of Natural Resources or (Commissioner's Office) NALCCOM DAN WILKERSON VROCSCR 563-6529 Department of Environmental Conservation JOYCE BEELMAN VROCNRO 452-1714 Department of Environmental Conservation 14 HELP RESOURCES Kami Clark XCSCKSC 465-2152 (for PROFS questions) Barbara Sheinberg GCHCBJS 465-3562 (general trouble shooting) Audry Castro XOHCACC 465-2152 (for password questions) Rex Richardson XCSCRBR 465-2152 (micro-PROFS link) Kyoko Ikenoue XCSCKDI (for "Alaska Logon" subscriptions and other Data Processing Publications) Anchorage Data Center 263-6793 off hours 278-4611 Juneau Data Center 465-4801 off hours 465-2223 Fairbanks Data Center 474-5304 474-6306 FOR DIAL-UP USERS RENEX Juneau Data Center 465-4080 465-4085 465-4086 465-4087 3708 Anchorage Data Center 276-2716 258-2888 Fairbanks Data Center 479-0741 479-0634 479-0522 479-8516 Juneau Data Center 465-4015 465-4016 465-4017 PROFS directory/DGC - 15 Telecopy Numbers STATE AGENCIES Governor's Office Anchorage ................................................ 561-4356 Fairbanks ................................................ 456-3067 Juneau ................................................... 463-3454 Ketchikan ................................................. 225-4859 Washington, DC ..................................... (202) 624-5857 Division of Governmental Coordination Anchorage Office ..................................... 277-9244 Fairbanks Office ..................................... 451-2814 Juneau Office ........................................ 465-3075 Commerce and Economic Development Alaska Power Authority, Anchorage ........................ 263-7361 Anchorage (desk phone: 562-2728) ........................ 562-0048 Juneau (desk phone: 465-2506) ........................... 465-2428 Community and Regional Affairs Anchorage ................................................ 563-1734 Bethel ................................................... 543-4152 Dillingham ............................................... 842-5140 Fairbanks ................................................ 451-7251 Juneau ................................................... 465-2948 Kodiak ................................................... 486-5960 Kotzebue ................................................. 442-2407 Nome ............................. ....................... 443-2409 Environmental Conservation Juneau ................................................... 586-1391 Anchorage ................................................ 562-4026 Fairbanks ................................................ 451-6130 Fish and Game Commissioner's Office, Juneau ............................ 586-6595 Anchorage ................................................ 349-1723 Fairbanks ................................................ 456-3091 Kodiak ................................................... 486-4969 Sandpoint ................................................ 383-2606 Law Attorney General's Office ................................ 465-3612 Attorney General's Office, Anchorage ..................... 276-3697 16 - Natural Resources Commissioners Office, Juneau ............................. 586-2754 Commissioners Office, Anchorage .......................... 762-2536 Delta Junction ........................................... 895-4225 Forestry, Frontier Building, Anchorage ................... 561-2707 Forestry, Fairbanks ...................................... 451-2690 Mining, Frontier Building, Anchorage ..................... 563-1853 Mining, Fairbanks ........................................ 451-2751 Geological and Geophysical Surveys, Eagle River .......... 696-0078 Geological and Geophysical Surveys, Fairbanks ............ 451-2703 Land and Water Management, Frontier Building, Anchorage .. 762-2529 Land and Water Management, Fairbanks ..................... 451-2751 Management, Frontier Building, Anchorage ................. 563-1893 Oil and Gas, Frontier Building, Anchorage ................ 762-2544 Palmer (Agriculture) ..................................... 745-7112 Parks, Frontier Building, Anchorage ...................... 762-2535 Parks, Fairbanks ......................................... 451-2754 De2artment of Transportation and Public Facilities Commissioner's Office, Juneau ............................ 586-8365 Anchorage Planning Office ................................ 243-1512 Fairbanks (all offices) .................................. 451-2333 DISTRICTS Aleutians East CRSA - Marjorie Dunaway ................... 383-3496 Aleutians West CRSA - Darcy Lockhart ..................... 563-1734 Municipality of Anchorage - Mark Dalton .................. 274-5718 Bristol Bay CRSA Sue Flensburg ......................... 842-2438 City of Cordova Dave Dengel ............................ 424-7727 City of Craig - Rochelle Rollenhagen ...................... 826-3778 City of Hydaburg - Adrian LeCornu Wo Haida Corp.) ...... 285-3944 Kenai Peninsula Borough .................................. 262-1892 Kodiak Island Borough - Linda Freed Wo DCRA) ........... 486-5960 City of Kotzebue ......................................... 442-3742 Matanuska-Susitna Borough, Palmer ........................ 745-0886 North Slope Borough, Anchorage ........................... 561-5068 North Slope Borough, Barrow .............................. 852-2679 Northwest Arctic Borough - Jason Jessup .................. 442-2930 City of Valdez - Linda Fulkerson ......................... 835-2992 City of Whittier ......................................... 472-2404 FEDERAL AGENCIES BLM, Anchorage ................................... o ....... 271-5425 Corps of Engineers, Anchorage ............................ 753-5567 Corps of Engineers, Regulatory Branch, Anchorage ......... 753-5567 EPA, Seattle ............. oo ........o............... (206) 442-4672 Federal Energy Regulatory Commission, Washington, DC (202) 376-9250 Minerals Management Service, Anchorage ............ 561-4860 (NMFS) NOAA, Juneau ................................ o ..... 586-7638 NOAA/OCRM, Washington, DC ........ o ....... o......... (202) 673-5329 - 17 - FEDERAL AGENCIES (continued) U.S. Forest Service: Anchorage (desk phone: 271-2575) ...................... 271-2533 Juneau (Regional Office) (desk phone: 586-8749) ....... 586-8856 Ketchikan (desk phone: 225-3101) ...................... 225-5626 Petersburg (desk phone: 772-3841) ....... 0 ............. 772-3314 Sitka (desk phone: 747-6671) ............. 0.0 ....... 00. 747-5308 OTHER ARCO, Anchorage .................... o ...................... 265-6470 Sea Grant, Fairbanks ......... o ............................ 474-7204 Shell Western, Houston, Texas . ...................... (713) 870-4023 Ott Water Engineers, Anchorage ........................... 561-4621 For all intra-state calls dial 9 and the number. For all out-of-state calls dial 811, the area code and the number. telecopy numbers/DGC 18 W"I PC omo I L VI - Index CHAPTER VI INDEX TO THE STATE CONSISTENCY REVIEW PROCESS This index refers only to Chapter Il. It references the steps in the state consistency review process. Please refer to the table of contents as an index to Chapters I and 1111. Additional Information from Applicant - Pre-application Meetings - 122 135-138 Project Phasing - 129 Agency Review - 132 - 179 Project Scope _ 127-129 Application - 121 - 122, 129 - 132 Proposed Consistency Finding - 144 - 152 Categorically Consistent Approvals - 123 - Public Hearings - 165 - 167 124 Public Notice - 134 - 135 Coastal Project Questionnaire - 129 - 130, Purpose of 6AAC 50 Regulations - 117 - Appendix D 119 Comments - 138 - 144 Requests for Information -135 - 138 Conclusive Consistency Determination - Review Comments - 138 - 144 156 - 163, 172 - 173 Review Schedule - 132 - 133, 135 - 144, Confidential Information - 164 167 - 17 1, Figure 11- 1 (Pages 114 - 115) Consistency Review Deadlines and Exten- Reviews Coordinated by State Resource sions - 167 - 171, Figure II - I (Pages Agencies - 118 - 120 114-115) Role of Federal Agencies in Consistency Consistency Review Definition - 109 Review Process - 118 - 119, 178 - 179 Coordinating Agency - 117 - 121 Role of State Agencies in Consistency Re- Deadlines - 167, Figure II - I (Pages 114 - view Process- 109 - 110,118 - 120,175 115) -177 District Review - 132 - 171 Scope- 127-129 Elevation - 152 - 156 Standards Used for the Review - 110 Emergency Expedited Review - 164 - 165 Starting the Clock - 132 Expedited Review - 123 - 127 State Agencies in Consistency Review Proc- Extensions - 168 - 171 ess - 109 - 110, 118 - 120, 175 - 177 Federal Agencies in Consistency Review State Consistency Determinations - 109, Process - 118 - 119, 178 - 179 117 - 118,120 - 121 Federal Consistency Determinations - 119 State-Coordinated Consistency Review Proc- General Concurrence - 124 - 125 ess Overview -Figure II- I (Pages 114 Importance of Consistency Review - 110 - -115) III Stopping the Clock - 138 Information Requests - 135 - 138 Overview - Figure II - I (Pages 114 - 115) Permit Issuance - 173 - 174 Phasing - 129 Placer Mining Application - 131 Pre-application Assistance - 121 - 122 District Implementation Manual -DATE Sept. 1988 District ImplementationManual .'DATP-. 1088 1101111milm 3 6668 14102 4739