[From the U.S. Government Printing Office, www.gpo.gov]










                                      Comparison of

               the Coastal Nonpoint Pollution Control Program

                                           with the


                       Alaska Coastal Management Program


[6








A




             TD
             2257     1994                                        Prepared by Susan Brook
             A2
             B76                                     Division of Governmental Coordination
             1994                                                   Office of the Governor







                                         Executive Summary


            This report identifies components of the Alaska Coastal Management Program that
            already meet ï¿½6217 requirements. Several "gaps" are identified where no ACMP
            statute or regulation meets the ï¿½6217 requirement.

            Program Coordination, ï¿½6217(a)(2)

            This ï¿½6217 requirement is fulfilled by the following ACMP authorities: 1) the
            Division of Governmental Coordination "coordinates the activities of state agencies
            participating in the Alaska coastal management program..." (6 AAC 80.030), 2)
            the Coastal Policy Council is to "establish continuing coordination among state
            agencies..." (AS 44.19.161), and 3) local coordination is accomplished via the
            consistency determination process that requires regulations and controls of state
            agencies to conform with the enforceable policies of the local plans. (AS
            46.40.1 00(a))

            Therefore, an adequate coordination mechanism exists in the ACMP.


            Implement Management Measures in Conformity with (g) Guidance, ï¿½6217(b)

            A detailed listing of all ï¿½6217 management measures and equivalent ACMP state-
            wide standards and general concurrences is presented in Table 1.

            Agriculture


            For those agricultural activities that are subject to ACMP consistency review, the
            Air, Land and Water Quality and Habitats standards are adequate to protect water
            quality.

            Ground disturbing activities on cropland, grazing on private land, nutrient
            management, and surface application of pesticides to private land do not require a
            permit and are not subject to consistency review. Grazing on federal land, while
            requiring an authorization, is not subject to an ACMR review. However, if these
            activities resulted in a violation of water quality standards, DEC could take
            enforcement action.


            A state standard specifically for agricultural nonpoint source pollution is not
            warranted, given the present and anticipated low intensity of agricultural
            development, the requirement for farm conservation plans as a condition of the
            state's sale of agricultural interest, and the fact that state disposals of agricultural
            interest are subject to consistency review.







                              VS Department of Commerce
                                    ---.-tal Scrviccr, Cont3r Library
                                    L-uth Hobson Avanue
                              Charleston, SC 29405-2413
            Forestry

            The ACMP, primarily through the Timber Harvest and Processing standard,
            adequately achieves the intent of the ï¿½6217 management measures for forestry.

            With regard to Management Measure 1, Forest Chemical Application, fertilizers are
            not currently applied on commercial forest land in Alaska and are not expected to
            be applied in the future due to the high cost of application relative to the return.
            Pesticides are adequately covered in the Air, Land and Water Quality standard.
            Aerial application of pesticides and application of pesticides to water are subject to
            ACMP consistency review.

            With regard to Management Measure G, Fire Management, wildfire suppression
            and rehabilitation impacts on water quality are not addressed in any ACMP
            standards. However, given the insignificant amount of coastal acres that burn
            each year, and the manner in which wildfire is suppressed (i.e. firelines are
            constructed by hand, not by heavy equipment), coastal waters are still protected
            generally even if this section of the management measure is not addressed in the
            ACMP.



            Marinas, Boat Harbors and Recreational Boatinq


            The ACMP statewide standards and consistency review process adequately meet
            the intent of the harbor siting and design management measures, except for the
            requirement to reduce average annual loadings of total suspended solids (TSS)
            from hull maintenance areas (including grids) by 80%, and the requirement to
            design fueling stations to facilitate cleanup of spills.

            With regard to the reduction of TSS, the Habitats standard is adequate to prevent
            the discharge of toxic substances into wetlands, estuaries, tideflats, lagoons,
            rivers, streams and lakes but does not specify a numeric reduction. Additionally,
            DEC has not adopted a TSS criteria in the water quality standards (which are
            incorporated into the Air, Land and Water Quality standard), but rather substitutes
            turbidity and settleable solids for TSS. The state and the Environmental Protection
            Agency will discuss the adequacy of this substitution in the future.

            With regard to the fueling station design management measure, the Habitats and
            Air, Land and Water Quality standards only indirectly address this measure. The
            Habitats standard requires wetlands, estuaries, tideflats, lagoons, rivers, streams
            and lakes to be managed to prevent the discharge of toxic wastes and substances,
            but says nothing about requiring facilities in these habitats to be designed for ease
            of cleanup if a spill does occur.

            AS 46.03.740, DEC's oil pollution statute, prohibits the unlawful discharge of oil
            but does not address how to facilitate the cleanup of the discharge. DEC

                                                     ii








           regulations that address cleanup apply only to oil tankers, oil barges, oil terminals,
           exploration facilities and production facilities, not marine fueling stations.

           Harbor operation and maintenance activities such as solid waste handling,
           maintenance of sewage facilities, and liquid waste handling are subject to ACMP
           consistency review when harbor permits are renewed, if the standards of review
           have changed or the harbor has expanded significantly since the original permits
           were issued.


           The Boat Operation management measure applies to non-harbor waters where
           evidence indicates that boating activities are impacting shallow-water habitats.
           The definition of shallow-water habitats is left up to each state. Implementation of
           this measure can be accomplished through the ACIVIP when marina development in
           or near the habitats listed in 6 AAC 80.130, Habitats standard, is proposed.
           Conformance with the management measure might be strengthened if the Habitats
           standard specifically mentioned and defined "shallow water habitat," but the
           existing list is adequate.

           For shallow water habitats that are currently being impacted by boat operations,
           agencies such as Department of Natural Resources Division of Parks and Outdoor
           Recreation, or Department of Fish and Game Habitat and Restoration Division will
           implement this measure through their regulations.



           Hydromodification


           Channel modification


           The ACMP standards and consistency review process adequately control nonpoint
           source pollution from new channelization projects. Operation and maintenance
           practices required for existing development may be included in an ACMP
           consistency review if the permits (eg: Fish Habitat permit) are expiring, and the
           project has changed or the standards of review have changed since the permits
           were originally issued.


           Dams


           Protection of Surface Water Quality management measure, Instrearn and Riparian
           Habitat management measure and section 1 of the Erosion and Sediment Control
           management measure are adequately addressed by the ACMP. Section 2 requires
           an approved dam construction erosion and sediment control plan; such a plan is
           not required by the ACMP but is a condition of the Department of Natural
           Resources Dam Construction Certificate of Approval (11 AAC 93.171).

           The Chemical and Pollutant Control management measure has two parts. The first
           part addresses the application, generation, migration, storage and disposal of toxic
           materials, and is adequately covered under the Air, Land and Water Quality


                                                    iii








            standard. The second part addresses over-fertilization from bank stabilization
            activities. Fertilizer application is not specifically mentioned in any ACMP standard,
            however, the Habitats standard indirectly controls this by requiring rivers, streams
            and lakes to be managed to protect water quality and important fish or wildlife
            habitat.


            Pollution caused by operation and maintenance activities at existing dams is
            addressed by the ACIVIP when project permits are renewed.

            Shoreline and Streambank Erosion

            The ACIVIP provides a framework to control shoreline and streambank erosion
            caused by development. 6 AAC 80.050, Geophysical Hazard Areas standard,
            requires coastal districts to identify coastal erosion areas and develop siting
            standards to minimize impacts to life and property in those areas. The Habitats
            standard specifically protects many shoreline and streambank habitats from
            degradation. Special area management planning is another mechanism districts
            can pursue to protect shorelines and streambanks.

            Existing development that causes shoreline and streambank erosion is subject to
            ACIVIP consistency review when the development permits expire, and the scope of
            the development has changed significantly, or the standards of review have
            changed since the original permits were issued.

            Although existing ACIVIP authorities, coupled with other state and federal
            programs, are adequate to prevent nonpoint source pollution from erosion, the full
            potential of these programs has not been achieved. Due to the vastness of
            Alaska's coastline and the unpredictable nature of shoreline and streambank
            erosion, inventory and assessment efforts are incomplete. This has hampered state
            efforts to develop a comprehensive coastal erosion program.


            Urban Developmen

            In general, ACIVIP standards and the consistency determination process adequately
            control nonpoint source pollution from construction that requires one or more state
            or federal permits.

            Planning, siting and design of projects that require one or more state or federal
            permits is also adequately addressed by ACIVIP standards and the consistency
            determination process. The fact that virtually every proposed development in
            Alaska is in a wetland ensures that the ACIVIP will play a major role in the planning,
            siting, design and construction of projects.

            Pollution caused by existing development can be addressed by the ACIVIP when
            project permits are renewed, if the development has changed or the standard of
            review has changed since the permits were originally issued.

                                                       iv








            However, many pollution-causing uses and activities do not require permits, or do
            not require approvals that must be renewed. Alaska will have to rely on other
            agencies' authorities to address these management measures.

            Five possible "gaps" between the ACMP and the ï¿½6217 urban management
            measures have been identified:


            1     inspection, operation and maintenance of new and existing onsite disposal
                  systems are not covered under the ACMP,

            2)    erosion-and sediment control plans for construction are not specifically
                  required by the ACMP1,

            3)    watershed planning is not required by the ACMP,

            4)    80% reduction of average annual total suspended solids from stabilized
                  construction sites or reduction of post-development TSS loadings so that
                  they are no greater than predevelopment loadings are not required by the
                  ACMP, and may be economically unachievable in Alaska, and

            5)    use of fertilizers during the stabilization/revegetation phase is only indirectly
                  addressed by the ACMp2.



            Wetlands


            The Habitats and Air, Land and Water Quality standards and section 401
            certification adequately protect wetlands. Areas Which Merit Special Attention and
            other special area plans can also be used as mechanisms to protect wetlands.

            The ACMP does not address restoration of wetlands or use of vegetated treatment
            systems.



            Identify Land Uses which Cause Water Quality Impairment, ï¿½6217(b)(1)

            Coastal district programs identify major land uses that occur within or adjacent to
            the district (6 AAC 85.050). Coastal districts also consider land and water uses
            and activities that have or are likely to have, direct and significant impact on



                    Through the section 401 process, DEC can require an erosion and sediment
            control plan for a project that is likely to cause sediment water quality problems.

                    However, Alaska Department of Transportation and Public Facilities Standard
            Specifications for Highway Construction require the contractor to perform a soil test
            before applying fertilizer.








            coastal waters when they determine the boundary of their coastal zone (6 AAC
            85.040(c)(1)). The consistency review process identifies land uses and activities
            that cause or contribute to water quality impairment outside a local district.

            A potential "gap" concerns the ï¿½6217 requirement that land uses be identified
            which, individually or cumulativ "I cause impairment. The ACMP regulations listed
            above as fulfilling this requirement do not require planners to consider cumulative
            effects when determining significant land uses. However, nine coastal district
            programs have enforceable policies that address the cumulative effects of land
            uses. See Appendix A for a discussion of cumulative impact assessment in coastal
            district plans.



            Identify Critical Coastal Areas ï¿½6217(b)(2)

            While there are many similarities between the Areas Meriting Special Attention
            (AMSA) planning process and the designation and management of critical coastal
            areas, the AMSA process is not. in most cases the state's best option. The special
            area planning project that is currently underway may provide more alternatives.
            Further research into how other states are addressing this ï¿½6217 requirement is
            needed.



            Implement Additional Management Measures, ï¿½6217(b)(3)

            It is not possible at this time to determine what, if any, changes to the ACMP
            might be necessary to implement additional management measures.

            Possible mechanisms for evaluating and revising additional management measures
            will be brought to the ï¿½6217 Task Force and other ACMP advisory groups for
            discussion. One possible mechanism is 6 AAC 85.120 which requires districts to
            submit annual reports to the Coastal Policy Council. The regulation could be
            revised to add a requirement that the annual report includes an evaluation of the
            effectiveness of the district's enforceable policies that ensure coastal waters meet
            state water quality standards, and, if necessary, a description of the steps the
            district will take to help bring impaired coastal waters into compliance.



            Technical Assistance, ï¿½6217(b)(4)

            This ï¿½6217 requirement is met by the following ACMP statutes and regulations: 1)
            the Coastal Policy Council, through the Division of Governmental Coordination,
            provides information to districts to carry out their planning and management
            functions (AS 44.19.161), 2) the Coastal Policy Council, through the Division of
            Governmental Coordination, provides educational materials concerning coastal
            management to the public (6 AAC 80.020), and 3) the Division of Governmental
            Coordination has scheduled workshops, meetings, and publication of a handbook

                                                      vi








            to help the public understand and solve nonpoint source pollution problems.
            Therefore, adequate authority exists to implement this requirement.


            Public Participation, ï¿½6217(b)(5)

            This ï¿½6217 requirement is met by the following ACMP statutes, regulations and
            policies: 1) all Coastal Policy Council, Coastal Policy Council Subcommittee on
            ï¿½6217, and ï¿½6217 Task Force meetings are public noticed, 2) the Coastal Policy
            Council must "give notice of when and where opportunities for public participation
            will be provided before adoption of guidelines and standards... and amendments to
            the Alaska coastal management program." (6 AAC 80.020), 3) coastal districts
            provide publically advertised opportunities for public involvement in the
            development of all district program elements. (6 AAC 85.130), and 4) districts
            provide copies of draft programs and significant amendments to all parties
            identified as having a significant interest in the program or amendment. The
            availability of the document is public noticed, and at least one public hearing is
            held (6 AAC 85.145). Therefore, existing ACIVIP statutes, regulations and
            procedures are adequate to meet the intent of ï¿½621 7(b)(5).



            Administrative Coordination, ï¿½6217(b)(6)

            Administrative coordination is achieved through AS 44.19.160, which states that
            the Coastal Policy Council may consult and cooperate with federal, state and local
            agencies concerned with or having jurisdiction over coastal planning and
            management. DGC is establishing mechanisms to improve coordination among
            state agencies responsible for water quality, habitat protection, transportation, and
            resource development. State.agencies and the US Forest Service have appointed
            liaison staff to the state ï¿½6217 program. A ï¿½6217 Task Force has been formed,
            comprised of representatives of state agencies and coastal districts. A district
            planning working group has been conve'ned to study changes to district planning
            procedures. Some of the changes may incorporate ï¿½6217 requirements. DGC and
            DEC have identified the preparation of a joint MOU as a FY 94 work task. Based
            on these statutory authority and activities, the ACIVIP has demonstrated adequate
            authority and political will to satisfy this requirement.


            Coastal Zone Boundary Modification, ï¿½6217(b)(7)

            The Division of Governmental Coordination's response to NOAA's boundary
            recommendation is provided in Appendix B.







                                                    vii









                                         Table of Contents



           EXECUTIVE SUMMARY



           INTRODUCTION



           OVERVIEW OF THE ALASKA COASTAL MANAGEMENT PROGRAM                                 2


           DISCUSSION                                                                        4

                   Program Coordination                                                      4

                   Implementation of Management Measures                                     5
                         Agriculture                                                         6
                         Forestry                                                            10
                         Marinas and recreational boating                                    14
                         Hydromodification                                                   18
                         Urban development                                                   24
                         Wetlands                                                            28

                   Identification of Land Uses                                               30

                   Identification of Critical Coastal Areas                                  31

                   Additional Management Measures                                            35

                   Technical Assistance                                                      37

                   Public Participation                                                      38

                   Administrative Coordination                                               38

                   Coastal Zone Boundary Modification                                        39


            TABLE 1                                                                          41



            APPENDICES
                   Appendix A                                                                61
                   Appendix B                                                                70







           Comparison of ï¿½6217 and the ACMP




                                      INTRODUCTION

           Alaska is considering an innovative program to reduce nonpoint source
           pollution that damages our coastal waters. The program is called the
           Coastal Nonpoint Pollution Control Program, often referred to as
           "ï¿½6217," from the section of the 1990 Coastal Zone Act
           Reauthorization Amendments that authorized it. The purposes of
           ï¿½ 6217 are to protect, and restore where necessary, coastal waters and
           enhance local efforts to keep coastal waters clean.

           When Congress authorized the program, they did not expect states to
           develop new stand-alone procedures. Rather, they expected states to
           update and expand their existing nonpoint source, coastal zone, and
           other resource programs to f ulf ill the goals and requi.rements of ï¿½ 6217.
           This approach is similar to that of the Alaska Coastal Management
           Program (ACMP), which relies on existing agency authorities to form a
           comprehensive land and water management system.

           This report identifies components of the Alaska Coastal Management
           Program that already meet ï¿½6217 requirements. Several "gaps" are
           identified where no ACMP standard meets the ï¿½6217 requirement. A
           detailed listing of ï¿½6217 management measures and equivalent ACMP
           state-wide enforceable policies (standards) and general concurrences is
           presented in Table 1.

           Drafts of this report were distributed to the ï¿½6217 Task Force and the
           Departments of Community and Regional Affairs, Environmental
           Conservation, Fish and Game, Commerce and Economic Development,
           Natural Resources, and Transportation and Public Facilities, and the US
           Forest Service. The preliminary conclusions drawn from this analysis
           were also presented to the Coastal Policy Council Subcommittee on
           ï¿½6217.







          Comparison of ï¿½6217 and the ACMP                                         2




            OVERVIEW OF THE ALASKA COASTAL MANAGEMENT
                                         PROGRAM



          The Alaska Coastal Management Act, formally establishing the Alaska
          Coastal Management Program, was enacted by the state legislature in
          1977. Legislative intent indicates that a primary purpose of the ACMP
          is to balance use and protection of coastal waters and resources.

          The ACMP is made up of a Coastal Policy Council that performs
          statewide oversight of ACMP activities; a set of statewide standards
          (regulations) for uses and activities in the coastal zone that require a
          state permit or federal action; and thirty-four borough, municipal, city
          or regional district coastal management programs. Coastal district
          programs supplement the state standards with additional local policies
          that are enforceable as state law.


          Policy direction on natural resource development and conservation
          within the coastal zone is embodied in statewide standards set forth in
          6 AAC 80. These standards are enforceable regulations of the state
          program, and also are the basis for coastal district programs.
          Coastal district programs usually include additional standards, for
          instance, mitigation procedures.

          While local governments are not required to develop coastal programs,
          approved programs are used in state and federal consistency reviews
          under the ACMP.


          Districts should implement their coastal management programs through
          their Title 29 municipal planning, zoning and platting authorities. In
          practice however, the primary implementation agent of district
          programs is the state, through the state directed consistency review
          process.



          Consistency

          As used in this report, "consistency" means compliance with the
          standards of the ACMP, including theenforceable policies of an
          approved coastal district program. Consistency reviews of projects







           Comparison of ï¿½6217 and the ACMP                                         3




           requiring federal authorizations, or authorizations from more than one
           state agency are conducted by the Division of Governmental
           Coordination, with formal participation by affected coastal districts and
           state agencies. A resource agency coordinates the consistency review
           and renders a conclusive consistency determination for projects which
           require only permits of that agency and no federal permit.

           The ACMP is a "networked" program, that is, it is implemented
           through existing agency authorities. For example, the Air, Land and
           Water Quality standard incorporates by reference the statutes and
           regulations of the Department of Environmental Conservation that
           pertain to the protection of air, land and water quality. State agencies,
           in authorizing uses or activities in the coastal zone under their own
           authority, must also find that the use or activity is consistent with the
           ACMP standards and approved district programs.


           Coastal zone boundaries


           Alaska's coastal zone extends over 33,000 miles of shoreline. The
           coastal zone boundary was determined by examining geophysical
           relationships such as water flow, erosion, salt spray, ice movements
           and the like; and by studying biological links between the marine and
           terrestrial environments. Based on this evaluation, the zone of direct
           interaction (where physical and biological processes are directly
           impacted by the dynamics of oceanic processes) and the zone of direct
           influence (the portion of the coast landward of the zone of direct
           interaction which is closely affected and influenced by the proximity of
           the sea) were selected as the state's initial inland coastal zone
           boundary.

           Each coastal district was required to define a final coastal zone
           boundary for its area, subject to Coastal Policy Council approval.
           Districts could diverge inland from the initial boundary to include all
           uses that could have a direct and significant impact on marine coastal
           waters. An impact on coastal waters is defined in the ACMP to
           include impact on living resources, such as anadromous fish, that
           depend on coastal waters. Thus, the final boundary of Alaska's
           coastal zone ranges inland from less than 2000 feet up to
           approximately 250 miles from the shoreline.







          Comparison of ï¿½6217 and the ACMP                                   4





                                     DISCUSSION


          The following components of the ACMP meet the statutory
          requirements of the Coastal Nonpoint Pollution Control Program. The
          ï¿½6217 component is summarized first in each section, followed by the
          ACMP component that addresses it.


          Program Coordination, ï¿½6217(a)(2)

          ï¿½6217 Component

          State coastal nonpoint pollution control programs must be closely
          coordinated with state and localwater quality and coastal management
          programs.


          A CMP Equivalent

          The importance given to coordination is emphasized throughout the
          statutes and regulations governing the ACMP. The program is
          administered by the Division of Governmental Coordination that
           coordinates the activities of state agencies participating in the Alaska
          c"oastal management program..." (6 AAC 80.030). The Coastal Policy
          Council is to "establish continuing coordination among state
          agencies..." (AS 44.19.161)

          Local coordination is accomplished via the consistency determination
          process. District plans articulate local needs and goals. Regulations
          and controls of state agencies must conform with the enforceable
          policies of the local plans. (AS 46.40.1 00(a))

          Conclusion


          An adequate coordination mechanism exists in the ACMP.







          Comparison of ï¿½6217 and the ACMP                                 5




          Implement Management Measures in Conformity with (g)
          Guidance, ï¿½6217(b)

          ï¿½6217 Component

          State programs shall provide for the implementation of applicable
          management measures that are in conformity with the EPA document
          Guidance Specifying Management Measures for Sources of Nonpoint
          Pollution in Coastal Waters. Management measures are goals. An
          example of a management measure is: "Assess water quality as part of
          marina siting and design."

          Management measures are achieved by the application of
          11management practices." The guidance describes many management
          practices that can be applied successfully to achieve each measure. For
          example, for the management measure listed above, the guidance
          suggests three practices: water quality monitoring before, during and
          after development, numerical water quality modeling and
          preconstruction inspection and assessment.

          A CMP Equivalent

          The ACMP uses statewide standards that are descriptions of program
          intent and provide common compliance goals. They are somewhat
          analogous to ï¿½6217 management measures.

          Local district enforceable policies, which are more explicit and are
          designed to achieve the intent of the statewide standards, are
          essentially equivalent to ï¿½6217 management practices.

          Standards of the ACMP that, in whole or in part, address nonpoint
          source pollution categories and wetlands, are:

                    6 AAC 80.040, Coastal Development
                    6 AAC 80.050, Geophysical Hazard Areas
                    6 AAC 80.070, Energy Facilities
                    6 AAC  80.080, Transportation and Utilities
                    6 AAC 80.100, Timber Harvest and Processing
                    6 AAC 80.110, Mining and Mineral Processing
                    6 AAC 80.130, Habitats







           Comparison of ï¿½6217 and the ACMP                                        6




                      6 AAC 80.140, Air, Land and Water Quality

           The consistency determination requirement described in 6 AAC 50
           ensures that the standards are implem.ented within the coastal zone.
           AS 46.40.100 gives state agencies and municipalities enforcement
           responsibility for provisions of the ACMP. Violations of stipulations
           based on enforceable policies found in district plans, special area plans
           and Areas Meriting Special Attention (AMSA) plans, or violations of
           consistency related permit stipulations, are subject to enforcement
           action.


           State agencies receive modest monitoring and compliance funds from
           the ACMP. The intent is to augment agency efforts to ensure that
           conditions of approval attached to federal or state permits are carried
           out.


           The following section is arranged by ï¿½6217 pollution source categories
           identifed in the EPA guidance. To give the reader a frame of reference,
           an overview of the nature and extent of the pollution category in
           Alaska is described first, followed by a discussion of the ACMP
           standards that are equivalent to the EPA management measures.

           AGRICULTURE


           Resource Information


           Agricultural production in Alaska's coastal zone is currently quite
           minimal. High transportation costs, lack of infrastructure, small local
           markets and high operating expenses are the major limiting factors.

           Agricultural production is expected to continue at the current level, or
           grow slowly as more "ag-homestead" land is brought into production
           and Alaskan farmers develop niche markets. Vegetable and seed
           growers especially, are aggressively promoting the purity of Alaskan
           growing conditions to markets in the Lower 48.

           Presently, agricultural nonpoint source pollution is insignificant and
           limited to local occurrences. This is due to low intensity of
           development and the requirement that a purchaser of state agricultural







          Comparison of ï¿½6217 and the ACMP                                          7




          land or recipient of US Department of Agriculture assistance develop
          an approved farm conservation plan.

          Many farms in the coastal zone were obtain    ed from state agricultural
          land sales in the late 1970's and early 1980's. The state disposed of
          the agricultural interest only. Because the ACMP was still "under
          construction" then, those disposals did not undergo a consistency
          review. Future state disposals of agricultural interest are subject to
          consistency review.

          To protect the land value, the state required successful bidders to
          submit farm conservation plans as part of the sale contract. Farm
          conservation plans are incorporated into the sale contracts and
          conveyance documents as covenants. Plans are developed in
          consultation with the USDA Soil Conservation Service and are
          approved by the local Soil and Water Conservation District.

          According to the US Soil Conservation Service, there are approximately
          8.4 million acres of land in Alaska with conservation plans.

          Cropland. Coastal agricultural land harvested for vegetables, grain, and
          feed crops was less than 11,400 acres in 1992.

          Hayland. Hay and silage was harvested from less than 10,000 acres in
          the coastal area in 1992.


          Confined animal facilities. According to recent surveys, no farms meet
          the ï¿½ 6217 definitions of small or large horse, chicken, turkey or swine
          confined animal facilities. Four or five dairies in the coastal region may
          meet the ï¿½6217 definition for large confined animal facility. One to
          two dairies, 10-50 seasonal beef feedlots, and one to two hog
          confinement facilities meet the definition for small confined animal
          facility.

          Grazing land. Millions of acres of coastal tundra in western Alaska are
          used by a small group of Eskimo reindeer herders. There are thousands
          of acres of grasslands on the Aleutian Islands, Kodiak Island group, and
          the Alaska Peninsula that are suitable for grazing sheep and cattle, but
          almost none of the range is in use.






          Comparison of ï¿½6217 and the ACMP                                     8




          Nutrients. Alaskan farmers applied less than 10,000 pounds of fertilizer
          and less than 700 pounds of lime in the entire state in 1992. Roughly
          half that amount was applied to cropland in coastal parts of the state.

          Pesticides. Herbicides are the only substance reported by commercial
          farmers in the Alaska Pesticides Profile (1986, Environmental
          Protection Agency, Anchorage). Although precise figures for coastal
          Alaska are lacking, a rough estimate suggests that glyphosate (17
          gallons applied in 1986), diazinon (13 gallons) and dinoseb (126
          gallons), were the most commonly used herbicides.

          Irrigated cropland. Best estimates of irrigated cropland in coastal
          Alaska are: 575 acres in small grain and vegetables, 2000 acres in hay
          and silage and 10 acres in nursery production.

          No impaired waterbodies in the coastal zone are attributed to
          agriculture in the Water Quality Assessment, Section 305(b) Report to
          the Environmental Protection Agency (1992, Department of
          Environmental Conservation, Juneau). However, according to the
          Alaska Department of Fish and Game, confined animal facilities
          (principally horse stables) contribute to degradation of at least two
          streams subject to Total Maximum Daily Load requirements.

          Analysis

          The ACMP does not contain a specific standard for agriculture.
          However, an ACMP consistency review is required before the state:

          1 .  sells or leases farmland or grazing land,

          2.   issues a water right or permit to appropriate water for irrigation or
               general farm use,

          3.   issues or renews a permit for aerial application of pesticides or
               application of pesticides to water, and

          4.   issues or renews a nondomestic wastewater permit for a dairy.







          Comparison of ï¿½6217 and the ACMP                                     9




          Two standards are especially relevant to agriculture. The Habitats
          standard, 6 AAC 80.130, addresses the management of wetlands,
          estuaries, important upland habitats, rivers, streams and lakes. These
          habitats must be managed to maintain or enhance their life supporting
          characteristics. Uses and activities which do not conform to this
          objective are allowed in these habitats if there is significant public
          need, there is no feasible prudent alternative to meet the public need,
          and all feasible and prudent steps to maximize conformance with the
          standard are taken.


          Agricultural activities subject to the ACMP will also be reviewed for
          consistency with 6 AAC 80.140, Air, Land and Water Quality. This
          standard incorporates by reference the statutes and regulations of the
          Alaska Department of Environmental Conservation that pertain to the
          protection of air, land and water quality. In addition to general water
          quality and pesticide authorities and procedures, DEC has published
          "Guidelines for Water Quality Management on Dairy Farms in Alaska"
          which is used in nondomestic wastewater system plan reviews.

          Conclusion


          For those activities that are subject to ACMP consistency review, the
          Air, Land and Water Quality and Habitats standards are adequate to
          protect water quality.

          Ground disturbing activities on cropland, grazing on private land,
          nutrient management, and surface application of pesticides to private
          land do not require a permit and are not subject to consistency review.
          Grazing on federal land, while requiring an authorization, is not subject
          to an ACMP review. However, if these activities resulted in a violation
          of water quality standards, DEC could take enforcement action.

          In regions where agriculture is present, coastal districts can adopt
          enforceable policies that address this activity. For example, the
          Matanuska-Susitna Borough has adopted an agriculture enforceable
          policy in its coastal management plan.

          .A state standard specifically for agricultural nonpoint source pollution is
          not warranted, given the present and anticipated low intensity of
          agricultural development, the requirement for farm conservation plans







          Comparison of ï¿½6217 and the ACMP                                    10




          as a condition of the state's sale of agricultural interest, and the fact
          that state disposals of agricultural interest are subject to consistency
          review.



          FORESTRY


          Resource Information


          Typical pollutants from timber harvest operations include sediment,
          vegetative debris and elevated stream temperature. The following
          information is taken from the Alaska Nonpoint Source Pollution Control
          Strategy, Section 319 Management Program (1990, Department of
          Environmental Conservation, Juneau)

          Sedimentation occurs naturally in southeast Alaska, primarily through
          landslides induced by heavy rainfall on steep slopes with unstable soils.
          A recent evaluation of landslides in southeast Alaska found that
          landslides per unit area were five times more frequent in logged areas
          than in unlogged areas. Most of the increase was in small slides that
          did not reach active streams; however, the slide material can become a
          sediment source for down-slope streams.

          Felling unauthorized trees in riparian areas is the most common incident
          resulting in issuance of Notice of Violation by state forestry officials.
          While large woody debris is an essential component of fish habitat,
          needles, bark flakes and small debris can cover spawning gravels and
          reduce dissolved oxygen in slow mo  ving water.

          Removal of streamside trees and shrubs can lead to elevated stream
          temperatures. In southeast Alaska, removal of streamside trees
          probably does not increase water temperature to lethal extremes, but
          may contribute to depletion of dissolved oxygen. Mortality of salmon
          and other species has been recorded in southeast Alaska during periods
          of extended hot, dry weather. The likely cause of mortality is depletion
          of oxygen, aided by temperature stress. Depletion of oxygen probably
          occurs through a combination of low water flows, high density of fish,
          and reduced oxygen concentration due to temperature elevation.







           Comparison of ï¿½6217 and the ACMP





           Timber harvest.  Commercial timber harvest in Alaska is concentrated in
           the rainforest of the southeast Alaskan archipelago. Most cutting
           occurs on the Tongass National Forest and private Native corporation
           land. According to figures compiled by the Alaska Department of
           Commerce and Economic Development, timber harvest on Native
           corporation land in southeast Alaska in federal FY 92 was about 446
           million board feet. Timber harvest on the Tongass National Forest in
           federal FY 92 was 370 million board feet.

           In southcentral Alaska, timber harvest on Native corporation land in
           federal FY 92 was about 123 million board feet. Logging on the
           Chugach National Forest was .5 million board feet, limited to very
           small sales designed to control a spruce bark beetle outbreak.

           Logging on state forest land in southeast and southcentral Alaska
           yielded 16 million board feet in 1992. Bureau of Indian Affairs harvest
           was 4.5 million board feet.


           The 1992 Alaska Water Quality Assessment reports three impaired
           surface waterbodies, and 31 "suspected of being affected by point and
           nonpoint sources" attributed to timber harvest. Three additional
           waterbodies are impaired by logging road construction activities.

           Mechanical site preparation. Mechanical site preparation is not
           necessary in southeast Alaska, where natural regeneration is more than
           adequate to meet restocking goals. Up to 500 acres of state forest
           land in southcentral Alaska undergo mechanical site preparation yearly.

           Fire. Prescribed fire is not used in southeast Alaska, due to high rainfall
           and high rates of decomposition, and is rarely used on southcentral
           Alaskan commercial forest land. For 1992, the last year figures are
           available, there were no prescribed fires in southcentral Alaska.

           Due to the high rainfall, wildfires are extremely rare in southeast and
           southcentral Alaska. In 1992, which was considered a typical year,
           one wildfire burned one acre of land in southeast Alaska. Kenai/Kodiak
           experienced 94 wildfires averaging 2.2 acres in size, and
           Anchorage/Matanuska-Susitna Valley had 111 fires averaging 1.4
           acres in size. Fire line construction in the coastal region consists of
           scraping back the moss and duff with a shovel to expose mineral soil.







          Comparison of ï¿½6217 and the ACMP                                     12




          Pesticides and fertilizers. The only reported pesticide used by the
          commercial timber industry is wood preservative (creosote and
          pentachlorophenol) to treat pilings for log transfer facilities. Ambrosia
          beetles may be a problem in southeast Alaska, but operators use
          BMP's, such as pheromone traps, to control the population. Forest
          Service researchers have occasionally used small amounts of pesticides
          to test possible spruce bark beetle controls.

          Fertilizers are not currently being used on state, private or federal
          commercial forest lands due to the expense of application.

          Forested wetlands. According to a draft report by the US Fish and
          Wildlife Service, there are approximately 3.3 million acres of palustrine
          forested wetlands in southeast and southcentral Alaska and along the
          Gulf of Alaska coast. Roughly two-thirds of those acres are managed
          by the US Forest Service. There are approximately 1.04 million acres
          of palustrine forested wetlands in arctic and western Alaska.

          Analysis

          6 AAC 80.100, Timber Harvest and Processing standard, incorporates
          by reference the Forest Resources and Practices Act (FPA), and the
          regulations and procedures adopted under that law. The standard is
          currently being revised to adopt the latest version of the regulations.

          The FPA includes a set of enforceable standards, prescriptions for
          stream buffers, notification, review and enforcement procedures, and
          consideration of wildlife and other non-timber uses. The FPA states
          that for federal lands, the degree of resource protection may not be
          less than that established for state land.


          FPA regulations establish standards that, in conjunction with the
          Department of Environmental Conservation's ï¿½ 319 program, constitute
          the state's nonpoint source pollution control requirements for forestry
          activities. 0 1 AAC 95.185 (h)). BMP's serve as the enforcement
          mechanism for violations of water quality standards.

          The FPA regulations establish riparian (strearnside management areas)
          standards that are among the most stringent in the nation. Timber
          harvest is prohibited within 100 feet of an anadromous or high value






           Comparison of ï¿½6217 and the ACMP                                     13




           resident fish waterbody on state and federal land in southeast Alaska,
           and state, federal and private land in southcentral, northern and
           western Alaska. Timber harvest on private land in southeast Alaska is
           prohibited within 66 feet of a Type A waterbody, and must be
           conducted in compliance with slope stability standards within 100 feet
           of a Type B waterbody or 50 feet of a Type C waterbody.

           The Timber Harvest and Processing standard is the only ACMP
           standard of review applied to federal timber harvest activities, unless
           those activities also require a state permit. In that case, all of the
           ACMP standards apply.

           Commercial timber harvest activities in forested wetlands on public
           land are subject to 6 AAC 80.100, Timber Harvest and Processing,
           rather than the more restrictive 6 AAC 80.130, Habitats. This is
           consistent with ï¿½ 6217, which also specifies a separate management
           measure for forestry activities in wetlands.

           Conclusion


           The ACMP, primarily through the Timber Harvest and Processing
           standard, adequately achieves the intent of the ï¿½ 6217 management
           measures for forestry.

           With regard to Management Measure 1, Forest Chemical Application,
           fertilizers are not currently applied on commercial forest land in Alaska,
           and are not expected to be applied in the future, due to the high cost
           of application relative to the return. Pesticides are adequately covered
           in the Air, Land and Water Quality standard. Aerial application of
           pesticides and application of pesticides to water are subject to ACMP
           consistency review.

           With regard to Management Measure GM, Fire Management, wildfire
           suppression and rehabilitation impacts on water quality are not
           addressed in any ACMP standards. However, given the insignificant
           amount of coastal acres that burn each year, and the manner in which
           wildfire is suppressed (i.e. firelines are constructed by hand, not by
           heavy equipment), coastal waters are still protected generally even if
           this section of the management measure is not addressed.







          Comparison of ï¿½6217 and the ACMP                                    14





          MARINAS, BOAT HARBORS and RECREATIONAL BOATING


          Resource Information


          Boat harbors (which, for purposes of this report, are synonymous with
          marinas) are hubs for industry, transportation and recreation. There are
          about 140 facilities in the state, ranging from simple floats in remote
          coves to multi-million dollar complexes with extensive upland
          development. In general, Alaska's harbors are quite spartan compared
          to similar sized facilities in the lower 48 states.


          The majority of boat harbors in Alaska are designed, built and owned
          by the Alaska Department of Transportation and Public Facilities
          (DOT/PF). These harbors provide moorage for over 10,000 vessels.
          Three-fourths of the DOT/PF owned facilities are maintained under
          management agreements with communities or operators. Most harbor
          construction in the future is expected to be initiated at the municipal
          level, with federal and state financial assistance.

          According to the Department of Fish and Game, there is one boat for
          every twelve adults in Alaska.

          Hull maintenance areas. Boat hulls are generally repaired, cleaned and
          painted while the boat is on a "grid." A grid is a simple kind of dry
          dock that consist of a series of wooden timbers laid on the seaward
          side of a dock. At high tide, the boat is tied up to the dock, floating
          over the timbers. When the tide goes out, the boat rests on the
          timbers that are now exposed. Hull maintenance can proceed until the
          next rising tide. Because grids are so inexpensive to construct and so
          effective, there are only four boat harbors in the state with upland hull
          maintenance areas.


          Sewage and waste    oil disDosal facilities. One very conservative
          estimate suggests that of the 34,000 registered recreational boats in
          Alaska, at least 5,100 have a marine head or portable toilet on board.
          Only two boat harbors in the state currently provide public-use marine
          pumpout facilities. Thirteen harbors received funding under the Clean
          Vessel Act pumpout grant program to construct new or rehabilitate
          existing pumpouts. This will provide facilities for at least 4,800 of
          Alaska's recreational boats.







          Comparison of ï¿½6217 and the ACMP                                   15




          Most boat harbors have waste oil collection tanks and oil clean-up
          materials available.


          Two surface waterbodies are listed in the 1992 Water Quality
          Assessment as impaired by sewage and petroleum hydrocarbons from
          marinas. Five surface waterbodies are suspected of being affected by
          marina nonpoint source pollution, but require further investigation to
          verify problems.

          Analysis

          Under section 10 of the Rivers and Harbors Act, the Army Corps of
          Engineers regulates all work and structures in navigable waters of the
          United States. Under section 404 of the Clean Water Act, the Corps
          regulates discharges of dredged or fill materials in navigable waters,
          including wetlands. Both of these federal permits are subject to
          consistency review. (AS 44.19.145(a)(1 1)). The state may object to
          the Corps permits if the proposed action is inconsistent with the
          ACMP.


          In addition, state agency projects in the coastal zone, such as the
          construction of a harbor by the Alaska Department of Transportation
          and Public Facilities, must be consistent with the applicable district
          enforceable policies and statewide standards. Federal agency projects
          must also be consistent with the ACMP. Federal agencies that have
          designed and constructed boat harbors in Alaska include the National
          Park Service, US Coast Guard, US Army Corps of Engineers and
          National Marine Fisheries Service.


          Standards that address the siting, design, operation and maintenance
          of new or expanding marinas and boat harbors include-

                          6 AAC 80.040, Coastal Development
                     0    6 AAC 80.050, Geophysical Hazard Areas
                     0    6 AAC 80.130, Habitats
                          6 AAC 80.140, Air, Land and Water
                          Quality

          The Coastal Development standard gives priority to waterfront
          development that is water-dependent or water-related. Deference is






          Comparison of ï¿½6217 and the ACMP                                       16




          given to local governments on deciding uses of limited waterfront
          space. All uses which locate along the shore must comply with the
          other ACMP standards as a further assurance of management control.

          The Geophysical Hazard Areas standard addresses erosion and
          flooding, whether due to natural processes or caused by human
          activities. Development in areas that have been identified as likely to
          erode or flood may not be approved until siting, design and
          construction measures for minimizing damage and loss of life have
          been provided. Structural and non-structural solutions may be used to
          prevent or reduce erosion.

          Where development is not present or reasonably anticipated, the ACMP
          approach is to let natural erosion occur unimpeded. This is consistent
          with 6 AAC 80.130, Habitats, which protects natural processes. The
          Habitats standard also protects areas which prevent or reduce erosion.

          The Habitats standard directs that estuaries be managed to ensure
          adequate water flow, natural circulation patterns, nutrients, and
          oxygen levels, and to avoid the discharge of toxic wastes and silt, and
          destruction of productive habitat. Wetlands and tideflats must be
          managed to assure adequate water flow, nutrients and oxygen levels,
          and to avoid adverse effects on natural drainage patterns, the
          destruction of important habitat and the discharge of toxic substances.

          Department of Environmental Conservation (DEC) regulations and
          statutes that pertain to the protection of air, land and water are
          incorporated by reference in the Air, Land and Water Quality standard.
          DEC's 401 water quality certification, water quality standards, solid
          waste regulations, and oil pollution regulations are important tools for
          controlling nonpoint source pollution from marinas.

          Conclusion


          Siting and design.

          The ACMP statewide standards and consistency review process
          adequately meet the intent of the harbor siting and design management
          measures, except for the requirement to reduce average annual
          loadings of total suspended solids (TSS) from hull maintenance areas







           Comparison of ï¿½6217 and the ACMP                                         17




           (including grids) by 80%, and the requirement to design fueling
           stations to facilitate cleanup of spills.

           With regard to the reduction of TSS, the Habitats standard is adequate
           to prevent the discharge of toxic substances into estuaries and tideflats
           but does not specify a numeric reduction. Additionally, DEC has not
           adopted a TSS requirement in the water quality standards (which are
           incorporated into the Air, Land and Water Quality standard), but rather
           substitutes turbidity and settleable solids for TSS. The state and the
           Environmental Protection Agency will discuss the adequacy of this
           substitution in the future.


           With regard to fueling station design, the Habitats and Air, Land and
           Water Quality standards only indirectly address this management
           measure. The Habitats standard requires estuaries and tideflats to be
           managed to prevent the discharge of toxic wastes and substances, but
           says nothing about requiring facilities in these habitats to be designed
           for ease of cleanup if a spill does occur.

           AS 46.03.740, DECs oil pollution statute, prohibits the unlawful
           discharge of oil, but does not address how to facilitate the cleanup of
           the discharge. DEC regulations that address cleanup apply only to oil
           tankers, oil barges, oil terminals, exploration facilities and production
           facilities, not marine fueling stations.

           Marina and boat operation and maintenance.

           Operation and maintenance activities such as solid waste handling,
           maintenance of sewage facilities, and liquid waste handling are subject
           to ACIVIP consistency review when harbor permits are renewed, if the
           standards of review have changed or the harbor has expanded
           significantly since the original permit was issued.

           The Boat Operation management measure applies to non-harbor waters
           where evidence indicates that boating activities are impacting shallow-
           water habitats. The definition of shallow-water habitats is left up to
           each state. Implementation of the measure can be accomplished
           through the ACIVIP when marina development in or near the habitats
           listed in 6 AAC 80.130, Habitats standard, is proposed. Conformance
           with the management measure might be strengthened if the Habitats






          Comparison of ï¿½6217 and the ACMP                                  18




          standard specifically mentioned and defined "shallow water habitat,"
          but the existing list is adequate.

          For shallow water habitats that are currently impacted by boat
          operations, agencies such as Department of Natural Resources Division
          of Parks and Outdoor Recreation, or Department of Fish and Game
          Habitat and Restoration Division, will implement this measure through
          their regulations.



          HYDROMODIFI CATION


          Resource Information


          Channel modification. Channel modifications include flumes, canals,
          chutes associated with fish hatcheries, excavation projects, and
          straightened riverbeds. It is not known how many channel
          modifications exist in Alaska, but they occur to some degree anywhere
          human development takes place on or near water. Five channelized
          streams in urban areas are considered impaired in the 1992 Alaska
          Water Quality Assessment.

          Dams. There are approximately 90 dams in Alaska that meet the
          ï¿½ 6217 def initian. Twenty of those dams are operated by the federal
          government or licensed under the Federal Energy Regulatory
          Commission. One coastal stream is considered impaired due to a dam
          or flow regulation in the 1992 Water Quality Assessment.

          Shoreline and streambank erosion. Naturally occurring shoreline and
          streambank erosion occurs extensively in parts of western and
          northern Alaska where much of the coastline is composed of
          unconsolidated sediments or weakly cemented rock. Localized areas of
          rapid erosion occur along parts of the exposed coastline of the
          northeastern Gulf of Alaska and Cook Inlet.


          Stream flow, surface runoff, nearshore currents and storm surges are
          the dominant natural erosional agents. Windblown ice, mass soil
          movement, tsunamis, sieches and subsidence are also factors.






           Comparison of ï¿½6217 and the ACMP                                          19




           Ice annually erodes up to nine f eet of f bluff s and up to 24 f eet off sand
           and gravel beaches in the Arctic. In 1968, the Copper River eroded
           200 feet of bank in three months. The Matanuska River cut 90 feet of
           bank in four days. Channels within wide riverbeds of braided rivers can
           shift dramatically with little predictability during periods of storms and
           flooding. Little information is known or available about the erosive
           potential of braided rivers.

           While riverine erosion is volatile and unpredictable, many of the coastal
           areas experience slow, steady encroachment of the sea, often greatly
           accelerated by winter storms.

           Human-induced erosion can be caused by stabilization st     ructures that
           are intended to alleviate the problem. Structural controls can be
           successful locally, but can generate new or increased erosion
           downstream. Human activities such as foot and vehicle traffic along
           streambanks, timber harvesting, channel dredging, propeller wash from
           boats, vegetation modification and underwater mining can accelerate
           erosion. Construction activities that remove the insulating vegetation
           over permafrost can cause the permafrost to melt, resulting in the
           collapse of river banks and subsidence.

           According to the Army Corps. of Engineers 1971 National Assessment
           of Shore Erosion, significant erosion was occurring along 5,100 miles
           of shoreline, and critical erosion was occurring along 100 miles of
           shoreline. A 1984 Department of Transportation and Public Facilities
           task force identified 62 communities with known erosion problems.

           For some communities, the solution to this dilemma will involve much
           more than just environmental engineering. Traditionally, Natives located
           summer camps and winter camps along rivers because they served as
           transportation corridors and sources of food and water. Seasonal
           camps were easily moved when bank erosion encroached on the sites.

           Due to the influence of missionaries, government bureaucrats and
           traders, Natives now live in permanent year-round villages, also located
           along rivers. Relocating these settlements will not be easy, either
           psychologically or physically, when the river inevitably carves its way
           towards the houses, landfills, airstrips, water and sewer systems.






          Comparison of ï¿½6217 and the ACMP                                   20




          Analysis

          ACMP standards that address hydromodification are:

                          6 AAC 80.040, Coastal Development
                          (described previously)
                          6 AAC 80.050, Geophysical Hazard Areas
                          (described previously)
                          6 AAC 80.070, Energy Facilities
                          6 AAC 80.080, Transportation and Utilities
                          6 AAC 80.130, Habitats (described
                          previously)
                          6 AAC 80,140, Air, Land and Water
                          Quality (described previously)

          Channel modification


          Channel modification is addressed by the Habitats standard, 6 AAC
          80.130, which states that rivers and streams must be managed to
          protect natural vegetation, water quality, important fish or wildlife
          habitat and natural water flow. Uses and activities which will not
          conform may be allowed if there is a significant public need, there is no
          feasible prudent alternative which would conform to the standard, and
          all feasible and prudent steps are taken to maximize conformance with
          the standard.


          Dams


          Dams and their associated structures that supply regional hydroelectric
          power are considered energy facilities and are therefore reviewed for
          consistency with the Energy Facility standard. This standard lists siting
          and design criteria which indirectly affect the construction and
          operation of the dam. Regional hydroelectric dams must be sited, to
          the extent feasible and prudent, to minimize adverse environmental
          effects, including minimizing clearing, dredging and construction in
          productive habitats. The design and construction must allow for the
          free passage of fish.

          Dams and their associated structures that supply community power or
          water are reviewed for consistency with the Transportation and






          Comparison of ï¿½6217 and the ACMP                                   21




          Utilities standard. This standard requires, among other things, that the
          siting, design and construction of utility facilities be compatible with
          district programs.

          Shoreline and streambank erosion


          Shoreline and streambank erosion received considerable attention
          during the formulation of the ACMP. Appendix 9 of the ACMP Final
          Environmental Impact Statement outlines the planning process districts
         .should use for assessing the effects of shoreline erosion, and
          evaluating methods to control or lessen the effects of erosion. This
          process is mandated by 6 AAC 85.050, Resource Inventory, and 6
          AAC 85.060, Resource Analysis.

          After the analysis, coastal districts develop policies for areas in need of
          management. The local policies must be consistent with ACMP
          standards, including the Geophysical Hazard Area standard, 6 AAC
          80.050. Development in areas that have been identified as likely to
          erode or flood may not be approved until siting, design and
          construction measures for minimizing damage and loss of life have
          been provided. The standard allows both structural and non-structural
          solutions to erosion hazards.


          The Geophysical. Hazard Areas standard is implemented through
          coastal district enforceable policies and the Department of Natural
          Resources mining regulations. The City of Bethel, English Bay/Port
          Graham AMSA, Port of Skagway and Skagway River AMSA,
          Northwest Arctic Borough, Matanuska-Susitna Borough, and City and
          Borough of Juneau programs address coastal erosion. However, no
          state agency has regulatory authority for implementing a
          comprehensive floodplain or erosion management program.

          The Habitats standard, 6 AAC 80.130, applies to uses and activities
          along estuaries, wetlands, tidelands, rocky islands, seacliffs, barrier
          islands, lagoons, exposed high energy coasts, rivers, streams, lakes
          and important upland habitat. These areas must be managed to
          maintain or enhance the biological, physical and chemical
          characteristics of the habitat. More specifically,







          Comparison of ï¿½6217 and the ACMP                                    22




                (2) estuaries must be managed so as to assure adequate water
                flow, natural circulation patterns, nutrients, nad oxygen levels,
                and avoid the discharge of toxic wastes, silt and destruction of
                productive habitat;
                (3) wetlands and tidelflats must be managed so as to assure
                adequate water flow, nutrients and oxygen levels and avoid
                adverse effects on natural drainage patterns, the destruction of
                important habitat and the discharge of toxic substances;
                (4) ... seacliffs must be managed so as to avoid the... destruction
                of important habitat...
                (5) barrier islands and lagoons must be managed so as to
                maintain adequate flow of sediments, detritus and water, avoid
                the alteration or redirection of wave energy which would lead to
                the filling in of lagoons or the erosion of barrier islands, and
                discourage activities which would decrease the use of barrier
                islands by coastal species, including polar bears and nesting
                birds;
                (6) high energy coasts must be managed by assuring the
                adequate mix and transport of sediments and nutrients and
                avoiding redirection of transport processes and wave energy; and
                (7) rivers, streams and lakes must be managed to protect natural
                vegetation, water quality, important fish or wildlife habitat and
                natural water flow.


          The ACIVIP also addresses shoreline and streambank erosion through
          Alaska Statute 46-40.21 0(f) which states that special area
          management plans may be developed for areas with significant erosion.
          Special area planning is identified as a priority issue the state will
          address under the ï¿½309 program. In areas where current development
          is resulting in use conflicts, and where erosion is a threat or is likely to
          occur, a special area management plan could be pursued.

          Conclusion


          Channel modification


          The ACMP standards and consistency review process adequately
          control nonpoint source pollution from new channelization projects.
          Operation and maintenance practices required for existing development
          may be included in an ACMP consistency review if the permits (e.g:







           Comparison of ï¿½6217 and the ACMP                                           23




           Fish Habitat permit) are expiring, and the project has changed or the
           standards of review have changed since the permits were originally
           issued.


           Dams


           Protection of Surface Water Quality management measure, Instrearn
           and Riparian Habitat management measure and'section 1 of the Erosion
           and Sediment Control management measure are adequately addressed
           by the ACMP. Section 2 requires an approved dam construction
           erosion and sediment control plan; such a plan is not required by the
           ACMP but is a condition of the Department of Natural Resources Dam
           Construction Certificate of Approval (11 AAC 93.17 1).

           The Chemical and Pollutant Control management measure has two
           parts. The first part addresses the application, generation, migration,
           storage and disposal of toxic materials, and is adequately covered
           under the Air, Land and Water Quality standard. The second part
           addresses over-fertilization from bank stabilization activities. Fertilizer
           application is not specifically mentioned in any ACMP standard;
           however, the Habitats standard indirectly controls this by requiring
           rivers, streams and lakes to be managed to protect water quality and
           important fish or wildlife habitat.

           Pollution caused by operation and maintenance activities at existing
           dams is addressed by the ACMP when project permits are renewed.

           Shoreline and Streambank Erosion


           The ACMP provides a framework to control shoreline and streambank
           erosion caused by development. 6 AAC 80.050, Geophysical Hazard
           Areas standard, requires coastal districts to identify coastal erosion
           areas and develop siting standards to minimize impacts to life and
           property in those areas. The Habitats standard specifically protects
           many shoreline and streambank habitats from degradation. Special
           area management planning is another mechanism districts can pursue
           to protect shorelines and streambanks.

           Existing development that causes shoreline and streambank erosion is
           subject to ACMP consistency review when the development permits







          Comparison of ï¿½6217 and the ACMP                                  24




          expire, and the scope of the development has changed significantly, or
          the standards of review have changed since the original permits were
          issued.


          Although existing ACMP authorities, coupled with other state and
          federal programs, are adequate to prevent nonpoint source pollution
          from erosion, the full potential of these programs has not been
          achieved. Due to the vast size of Alaska's coastline and the
          unpredictable nature of shoreline and streambank erosion, inventory
          and assessment efforts are incomplete and inadequately documented.
          This has hampered state efforts to develop a comprehensive coastal
          erosion program. The program should, at minimum, bring to bear the
          expertise of the National Flood Insurance Program, Army Corps of
          Engineers, USDA Soil Conservation Service, Alaska Departments of
          Transportation and Public Facilities, Community and Regional Affairs,
          Environmental Conservation, Fish and Game, and Coastal Management
          programs.



          URBAN DEVELOPMENT


          Resource Information


          Implementing ï¿½6217 will affect the majority of the population of the
          state, since approximately 80% of all Alaskans live within 10 miles of
          the state's coastline. About half the population of the state
          (approximately 240,000 people) live in one community -- Anchorage.
          There are two communities with populations between 20,000 and
          70,000, one community with population between 10,000 and 20,000,
          five communities with population between 5,000 and 10,000, 29
          communities between 1,000 and 5,000, and more than 177 villages
          with a population less than 1,000.

          Boroughs and home rule and first class cities are required to provide
          planning and land use regulation. Through these powers, a municipality
          develops a comprehensive plan, establishes platting requirements for
          subdivisions and develops a land use ordinance. While many
          municipalities have planning authority, many have not adopted platting
          and land use regulations. Some don't want land regulation, others







          Comparison of ï¿½6217 and the ACMP                                        25




          prefer to let the state take the lead rather than regulate activities
          through local ordinances.

          Fifty-four surface waterbodies are impaired by urban runoff, by far the
          largest single source of impairment in Alaska. Thirty-three of these
          impaired waters are located in the Municipality of Anchorage, and eight
          are in the City and Borough of Juneau.

          Water pollution re-gulation. Boroughs and cities may provide area-wide
          water pollution control. The only borough to assume limited water
          pollution control is the Municipality of Anchorage which regulates on-
          site disposal systems and single-family water well construction.

          Municipalities may adopt ordinances to protect their water supply and
          watersheds, and may enforce these ordinances outside their
          boundaries subject to AS 29.35.020.

          Sanitation. Sanitation conditions in many rural Alaskan communities
          are comparable to Third World countries. Sixty percent of rural villages
          use a bucket or an outhouse as a toilet and haul drinking water from a
          creek, river or community well. Human waste is dumped from buckets
          into storage pits, or directly onto the ground, seasonal river or ocean
          ice or into water. The cost of providing acceptable sanitation to rural
          Alaska is estimated to be between $1.2 and 1.3 billion and
          construction would take 10 to 20 years to complete.

          Eight coastal surface waterbodies in Alaska are identified as impaired
          from septic tank failure.

          Road construction and road runoff.   There are 12 coastal surface
          waterbodies impaired by urban road construction activities *and/or road
          runoff identified in the 1992 Water Quality Assessment. Future federal
          aid highway projects constructed with ISTEA monies must meet the
          applicable ï¿½6217 requirements.

          Stormwater runoff. Stormwater runoff is correlated with the amount
          and frequency of rainfall, extent of impervious surfaces and population
          size. In moist southeast Alaska, pulse loadings are not a major concern
          except in low gradient streams. The majority of communities in Alaska







           Comparison of ï¿½6217 and the ACMP                                        26




           (5,000 people or less) have very little pavement, due to the high cost
           of construction and repair.

           There are two surface waterbodies identified as impaired by storm
           drains in the 1992 Water Quality Assessment.

           Analysis

           Standards that control nonpoint source pollution in urban areas are:

                       0   .6 AAC 80.040, Coastal Development
                            (described previously)
                       0    6 AAC 80.050, Geophysical Hazard Areas
                            (described previously)
                       0    6 AAC 80.070, Energy Facilities (described
                            previously)
                       0    6 AAC.80.080, Transportation and Utilities
                            (described previously)
                            6 AAC 80.130, Habitats (described
                            previously)
                            6 AAC 80.140, Air, Land, and Water
                            Quality (described previously)

           Conclusion


           In general, ACMP standards and the consistency determination process
           adequately  control nonpoint source pollution from construction
           (including the construction of roads, highways and bridges) that
           requires one or more state or federal permits.

           Planning siting, and design of projects (including roads, highways and
           bridges) 'that require one or more state or federal permits is also
           adequately controlled by ACIVIP standards and the consistency
           determination process. The fact that virtually every proposed
           development in Alaska is in a wetland ensures that the ACIVIP will play
           a major role in the planning, siting, design and construction of projects.


           Pollut ion caused by existing development can be addressed by the
           ACMP when project permits are renewed, if the development has






              Comparison of ï¿½6217 and the ACMP                                                              27




              changed or the standard of review has changed since the permit was
              originally issued.

              However, many pollutio          n-causing uses and activities do not require
              permits, or do not require approvals that must be renewed. For
              example, some road operation and maintenance activities do not
              require permits, and onsite disposal system (septic tank) approvals are
              in effect indefinitely. The ACMP does not have jurisdiction in these
              cases. Alaska will have to rely on other agencies' authorities to
              address these management -measures.

              Five possible "gaps" between the ACMP                   and the ï¿½6217 urban
              management measures have been identified:

              1)      inspection, operation and maintenance of new and existing onsite
                      disposal systems are not covered under the ACMP,

              2)      erosion and sediment control plans for construction are not
                      specifically required by the ACMW

              3)      watershed planning is not required by the ACMP,

              4)      80% reduction of average annual total suspended solids from
                      stabilized construction sites or reduction of post-development
                      TSS loadings so that they are no greater than predevelopment
                      loadings are not required by the ACMP, and may be economically
                      unachievable in Alaska, and

              5)      use of fertilizers during the stabilization/revegetation phase is only
                      indirectly addressed by the ACMP'.








                        Through the section 401 process, DEC can require an erosion and sediment control plan for
              a project that is likely to cause sediment water quality problems.

                      2 However, the Alaska Department of Transportation and Public Facilities Standard
              Specifications for Highway Construction require the contractor to perform a soil test before applying
              fertilizer.






      Comparison of ï¿½6217 and the ACMP               28





      WETLANDS


      Resource Information

      Alaska is estimated to have roughly 175 million acres of wetlands.
      Less than .02% are developed.

      Analysis

      An important ACIVIP standard against which a project is reviewed is 6
      AAC 80.130, Habitats

          (b) (Wetlands) must be managed so as to maintain or
          enhance the biological, physical and chemical
          characteristics ... which contribute to its capacity to support
          living resources ...

          (c) In addition to the standard contained in (b) of this
          section, the following standards apply to the management
          of the following habitats...
              (3) wetlands and tideflats must be managed so
              as to assure adequate water flow, nutrients, and
              oxygen levels, and avoid adverse effects on
              natural drainage patterns, the destruction of
              important habitat, and the discharge of toxic
              substances... (emphasis added)

          (d) Uses and activities in the coastal area which will not
          conform to the standards contained in (b) and (c) of this
          section may be allowed by the district or appropriate state
          agency if the following are established:
              (1 ) there is a significant public need for the
              proposed use of activity;
              (2) there is no feasible or prudent alternative to
              meet the public need for the proposed use or
              activity which would conform to the standards
              contained in (b) and (c) of this section; and
              (3) all feasible and prudent steps to maximize
              conformance with the standards contained in (b)
              and (c) of this section will be taken.







          Comparison of ï¿½6217 and the ACMP                                    29




          The effect of 6 AAC 80.130 is to safeguard virtually all of Alaska's
          coastal wetlands. Uses other than for fish and wildlife habitat are
          allowed only on an exception basis. The ACMP Final Environmental
          Impact Statement confirms this interpretation:

                     The term [avoid] is used to apply a strict
                     limitation on impacts, to the point of prohibition.
                     Where the public interest requires some flexibility
                     in the application of those standards... section
                     (d)... provides a series of stringent tests that
                     divergent activities must meet to be allowed.
                     The directive word "avoid" was used to keep the
                     habitat standard extremely stringent. (page 72)

          Wetland water quality is addressed in 6 AAC 80.140, Air, Land and
          Water Quality standard, which incorporates by reference the statutes
          and regulations of the Department of Environmental Conservation.
          Wetlands are included as waters of the state in the Alaska Water
          Quality Standards.

          DEC's section 401 certification of section 404 permits is one of the
          most important ways the state can control wetland development. An
          applicant for an Army Corps of Engineers "dredge and fill" (section
          404) permit must obtain a section 401 certification from the
          Department of Environmental Conservation that the discharge will
          comply with the state's water quality standards. Water quality
          standards apply to marine and freshwater wetlands, which are
          protected for the most stringent uses. Water quality standards are
          incorporated into the Air, Land and Water Quality standard.

          Areas Which Merit Special Attention and other special area plans can
          also be used as mechanisms to protect wetlands.

          Two other management measures address restoration of wetlands and
          promoting the use of vegetated treatment systems. The ACMP does
          not address either of these measures. However, states are not required
          to have enforceable policies for these objectives.







           Comparison of ï¿½6217 and the ACMP                                     30





           Conclusion


           The Habitats and Air, Land and Water Quality standards, Areas Which
           Merit Special Attention, and section 401 certification adequately
           protect wetlands.



           Identify Land Uses which Cause Water Quality Impairment,
           ï¿½6217(b)(1)

           ï¿½6217 Component

           ï¿½6217 requires "identification of, and a continuing process for
           identifying, land uses which, individually or cumulatively, may cause or
           contribute significantly to a degradation of..." impaired or threatened
           waters. Where there are single or limited land uses within a particular
           watershed, states may be able to simply map and correlate land uses
           and water quality impacts. In other cases, multiple land uses may
           require more sophisticated analyses of the relationship of particular
           uses to particular water quality impacts.

           Land uses identified in this process will need additional management
           measures.


           A CMP Equivalent

           Coastal district programs must identify major land uses that occur
           within or adjacent to the district (6 AAC 85.050). The program must
           also identify significant anticipated land use changes, evaluate the
           capability and sensitivity of resources and habitats for land and water
           uses and activities, and assess the present and anticipated needs and
           demands for coastal habitats and resources (6 AAC 85.060).

           The list of significant land uses and activities can be modified when
           coastal districts revise their plans. Plans are revised as they become
           outdated, when jurisdictions change (for example, when a borough
           forms), or when new or impending land uses need to be addressed.







          Comparison of ï¿½6217 and the ACMP                                      31





          Coastal districts also consider land and water uses and activities that
          have or are likely to have, direct and significant impact on coastal
          waters when they determine the boundary of their coastal zone (6 AAC
          85-040(c)(1)). Districts can extend their boundaries to include these
          land uses and activities with sufficient justification.

          Analysis and conclusion

          Water quality impact is one of the factors that district planners
          consider when identifying major land uses. To the maximum extent
          possible, planners include sound, defensible data to demonstrate
          correlations between land uses and water quality impairment.

          The consistency review process is the ACMP mechanism for
          identifying land uses and activities that cause or contribute to water
          quality impairment outside a local district. This area includes much of
          the central and eastern Gulf of Alaska coastline, parts of southeast
          Alaska, and cities that are not part of a borough coastal district or
          CRSA.


          A potential "gap" concerns the ï¿½ 6217 requirement that land uses be
          identified which, individually or curnulatiyaly cause impairment. The
          ACMP regulations listed above as fulfilling this requirement do not
          require planners to consider cumulative effects when determining
          significant land uses. However, nine coastal district programs have
          enforceable policies that address the cumulative effects of land uses in
          their enforceable policies. See Appendix A for a discussion of
          cumulative impact assessment in coastal district plans.


          Identify Critical Coastal Areas ï¿½6217(b)(2)

          ï¿½6217 Component

          ï¿½ 6217 directs states to identify "critical coastal areas" adjacent to
          impaired or threatened coastal waters, where new or substantially
          expanding land uses may cause or contribute to impairment. Critical
          coastal areas are important coastal areas that need additional measures
          to protect against anticipated problems. They are established as a
          preventative step to avoid water quality problems that might otherwise







          Comparison of ï¿½62 17 and the ACMP                                    32




          develop. The designation of the area is "critical" to ensuring that no
          further water quality impairment occurs and threatened waters do not
          become impaired.

          States have flexibility in delineating critical coastal areas. For example,
          the state plan may identify a uniform strip of land adjacent to an
          impaired stretch of shoreline to serve an important pollution abatement
          function. Or, site specific evaluations may be used to determine the
          size of critical coastal areas. In addition, areas such as Marine
          Sanctuaries and Estuarine Research Reserves may be designated
          critical coastal areas if they are in need of additional protection from
          new and expanding land uses or if they serve pollution abatement
          functions that are threatened by new or expanding uses.

          Within these critical coastal areas, existing and new land uses would
          be subject to additional controls, as well as the general (g) guidance
          management measures.



          A CMP Equivalent

          The ACMP provides a means to target areas where existing use
          conflicts may impinge on sensitive coastal habitats and resources.
          According to AS 46.40.210, an

                it area which merits special attention" (AMSA) means a
                delineated geographic.area... which is sensitive to change or
                alteration and which... because a claim on the resources
                within the area would preclude subsequent use of the
                resources to a conflicting or incompatible use... should be
                identified for current or-future planning, protection or
                acquisition."

          The purpose of an AMSA is to preserve, protect, enhance or restore
          the value or values for which the area is designated. The ACMP
          includes a broad array of criteria for selecting areas for special area
          planning including, but not limited to, potential estuarine or marine
          sanctuaries (6 AAC 80.158(3), areas of unique, scarce, fragile or
          vulnerable natural habitat (AS 46.40.2100)(A); areas of high natural
          productivity or essential habitat for living resources (AS







          Comparison of ï¿½6217 and the ACMP                                     33




          46.40.21 00)(B), areas of significant hazard due to storms, slides,
          floods, erosion or settlement (AS 46.40.21 00)(F), and areas needed to
          protect, maintain, or replenish coastal land or resources (AS
          46.40.21 0(1)G).

          There are seven AMSA plans (encompassing 21 different areas) in
          effect. About half of them were designated, at least in part, to protect
          or restore water quality.

          Alaska's special area planning process and plan contents are currently
          the subject of a federal ï¿½309 project. The outcome of the project is
          not known at this time, but currently, the processes for nominating and
          managing an AMSA and identifying and managing land uses that cause
          impairment and critical coastal areas are remarkably similar.

          At this time, plans for AMSA's must include:

                     the basis or bases for the designation,
                     a description of the area, including dominant physical
                     and biological features, and
                     an identification of existing uses and activities, and
                     current and anticipated conflicts among uses and
                     activities within and adjacent to the area. (6 AAC
                     80.160 W)

          ï¿½ 6217 requires state coastal nonpoint pollution plans to include:

                     an identification of coastal waters that are impaired or
                     threatened,
                     a description of uses and activities that cause or
                     threaten water quality in the above waters, and
                     a description of the area





          Currently, AMSA management plans must include, among other
          requirements:







          Comparison of ï¿½6217 and the ACMP                                    34




                0    a statement of the enforceable policies that will be
                     applied in managing the area, and
                0    an identification of the authority that will be used to
                     implement the proposed management scheme. (6
                     AAC 80.160(a)(7))

          State coastal nonpoint pollution control plans for management of land
          uses causing water quality impairment and critical coastal areas must
          include:


                0    a description of the additional management measures
                     that will be applied to the land uses identified in the
                     proposal,
                0    an identification of state and local enforceable policies
                     to ensure implementation of the management
                     measures, and
                9    a schedule for implementation.


          Analysis

          Using the 1992 Alaska Water Quality Assessment as a guide, there are
          approximately 60 impaired waters in the coastal zone, and 115
          suspected of being affected by nonpoint source pollution. Therefore,
          presumably, there could be about 175 critical coastal areas of varying
          sizes in the state. Many of them would be in or near urban areas.

          The AMSA planning process   'should certainly be considered when the
          state and coastal districts develop a process for determining critical
          coastal areas. However, it is highly unlikely that AMSA's would be
          used for very many ï¿½6217 critical coastal areas. AMSA plans take
          years to prepare and gain approval, and can be expensive to develop.
          Also, the management objectives of AMSA's are usually much broader
          than just protection of water quality.

          The process for delineating and managing land uses and critical coastal
          areas will be put before the ï¿½ 6217 Task Force and other advisory
          groups for their input.







          Comparison of ï¿½6217 and the ACMP                                   35





          Conclusion


          While there are many similarities between the AIVISA planning process
          and the designation and management of critical coastal areas, the
          AIVISA process is not in most cases the state's best option. The special
          area planning project that is currently underway may provide more
          alternatives. Further research into how other states are addressing this
          ï¿½6217 requirement is needed.



          Implement Additional Management Measures, ï¿½6217(b)(3)

          ï¿½6217 Component

          Once the land uses and critical coastal areas described above are
          identified, states must describe and implement additional management
          M
           easures applicable to those land uses and areas. Additional
          management measures are developed by the state or local
          governments. Examples include land use planning measures, more
          intensive or stringent application of an EPA management measure, or
          state or local government measures for controlling pollution sources
          not covered under the general ï¿½ 6217 program (e.g., abandoned placer
          mines).


          Additional management measures must be implemented as soon as the
          state plan is approved if the general measures will not be sufficient to
          restore water quality of impaired or threatened waters.

          For other waters, the performance of the general measures will be
          monitored for five years. If water quality standards are not attained or
          maintained, then additional measures must be implemented. ï¿½6217
          specifies full implementation of additional management measures by
          2004.


          The state must develop a process and schedule for implementing,
          evaluating and revising, as necessary, the additional measures after the
          general measures have been implemented.







          Comparison of ï¿½6217 and the ACMP                                   36




          A CMP Equivalent

          As mentioned earlier, the consistency requirement described in 6 AAC
          50 ensures thatthe ACMP is implemented within the coastal zone. AS
          46.40.100 gives state agencies and municipalities enforcement
          responsibility for provisions of the ACMP. Violations of stipulations
          based on enforceable policies found in district plans, special area plans
          and Areas Meriting Special Attention (AMSA) plans, or violations of
          consistency related permit stipulations, are subject to enforcement
          action.


          State agencies receive modest monitoring and compliance funds from
          the ACMP. The intent is to augment agency efforts to ensure that
          conditions of approval attached to federal or state permits are carried
          out.


          With regard to the ï¿½ 6217 requirement to develop a process and
          schedule for implementing, evaluating and revising additional
          management measures, coastal district plans are revised as they
          become outdated, when jurisdictions change (for example, when a
          borough forms), when new or impending land uses need to be
          addressed, or when local interest and commitment in land use planning
          is generated.

          Conclusion


          The identification of land uses causing or contributing to impairment,
          identification of critical coastal areas, and development of additional
          management measures are tasks for next year's ï¿½ 6217 grant. It is not
          possible at this time to determine what, if any, changes to the ACMP
          might be necessary to implement additional management measures.

          Possible mechanisms for evaluating and revising additional
          management measures will be brought to the ï¿½ 6217 Task Force and
          other ACMP advisory groups for discussion. One possible mechanism
          is 6 AAC 85.120 which requires districts to submit annual reports to
          the Coastal Policy Council. The regulation could be revised to add a
          requirement that the annual report includes an evaluation of the
          effectiveness of the district's enforceable policies that ensure coastal
          waters meet state water quality standards, and, if necessary, a






          Comparison of ï¿½6217 and the ACMP                                   37




          description of the steps the district will take to help bring impaired
          coastal waters into compliance.



          Technical Assistance, ï¿½6217(b)(4)

          ï¿½6217 Component

          The state must provide technical assistance to local governments and
          the public for implementing additional management measures.

          A CMP Equivalent

          The Coastal Policy Council, through the Division of Governmental
          Coordination, provides information to districts to carry out their
          planning and management functions (AS 44.19.161), and provides
          educational materials concerning coastal management to the public
          (6 AAC 80.020). The Departments of Community and Regional
          Affairs, Fish 6nd Game, Natural Resources and Environmental
          Conservation also provide some technical assistance to coastal
          districts.


          Analysis

          Mechanisms for providing technical assistance are already in place. The
          ACMP, through the Division of Governmental Coordination, has
          scheduled workshops, meetings and publication of a handbook to help
          the public understand and solve nonpoint source pollution problems.
          Certain types of technical assistance, such as developing mathematical
          models or engineering specifications, may be more appropriately carried
          out by other resource agencies or firms. DEC's ï¿½319 program is an
          excellent mechanism for delivering technical assistance and public
          education.



          Conclusion


          Adequate authority exists to implement this requirement.







          Comparison of ï¿½6217 and the ACMP                                    38




          Public Participation, ï¿½6217(b)(5)

          ï¿½6217 Component

          Public participation in all aspects of the program is required.


          A CMP Equivalent

          All Coastal Policy Council, Coastal Policy Council Subcommittee on
          ï¿½ 6217, and ï¿½ 6217 Task Force meetings are public noticed. The
          Coastal Policy Council must "give notice of when and where
          opportunities for public participation will be provided before adoption of
          guidelines and standards... and amendments to the Alaska coastal
          management program." (6 AAC 80-020)                           ...

          Coastal districts provide publically advertised opportunities for public
          involvement in the development of all district program elements. (6
          AAC 85.130) Districts provide copies of draft programs and significant
          amendments to all parties identified as having, a significant interest in
          the program or amendment. The availability of the document is public
          noticed, and at least one public hearing is held. (6 AAC 85.145)

          Conclusion


          Existing ACMP statutes, regulations and procedures are adequate to
          meet the intent of ï¿½ 621 7(b)(5).


          Administrative Coordination, ï¿½6217(b)(6)

          ï¿½6217 Component

          ï¿½ 6217 requires states to establish mechanisms to improve coordination
          among state and local officials responsible for land use planning,
          permitting, water quality, habitat protection and public health and
          safety.






          Comparison of ï¿½6217 and the ACMP                                  39




          A CMP Equivalent

          According to AS 44.19.160, the Coastal Policy Council may consult
          and cooperate with federal, state and local agencies concerned with or
          having jurisdiction over coastal planning and management. AS
          44.19.145 directs the Division of Governmental Coordination, which
          acts as staff to the Coastal Policy Council, to coordinate all conclusive
          consistency determinations when a project requires a permit, lease or
          authorization from two or more state resource agencies.

          Analysis

          DGC is establishing mechanisms to improve coordination among stat e
          agencies responsible for water quality and sanitation, habitat
          protection, transportation, and resource development. State agencies
          and the US Forest Service have appointed liaison staff to the program.
          A ï¿½ 6217 Task Force has been formed, comprised of representatives of
          state agencies and coastal districts. A district planning working group
          has been convened to study changes to district planning procedures.
          Some of the changes may incorporate ï¿½6217 requirements. DGC and
          DEC have identified the preparation of a joint MOU as a FY94 work
          task. MOU's with other agencies are anticipated after the threshold
          review.


          Conclusion


          The ACIVIP has adequate authority and political will to satisfy this
          requirement.



          Coastal Zone Boundary Modification, ï¿½6217(b)(7)

          ï¿½6217 Component

          The state coastal management agency must respond to NOAA's
          recommendation for changes to existing coastal zone boundaries.
          NOAA's recommendation defines what should be the geographic scope
          of the state's coastal nonpoint program (i.e., the ï¿½ 6217 management
          area).






          Comparison of ï¿½6217 and the ACMP                                          40




          A CMP Action

          The Division of Governmental Coordination's response to NOAA's
          boundary recommendation is provided in Appendix B.










































           February 9, 19941c:IwP51WocsIana1ysis




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                                                                                                                                                  41

                                                      ACMP Statewide Enforceable Policies for

                                                                           Agriculture



                  Management measure                  Applicable?         If no  explain                       Enforceable policyfies) that ensures
                                                      yes no                                                   management measure is implemented
                  Sediment and erosion control         X                                                       Not subiect to ACMP consistency review.


                  Confined animal facility,            X                                                       New facilities: subject to ACMP consistency
                  large unit                                                                                   review.

                                                                                                               Existing facilities: subject to ACMP
                                                                                                               consistency review at time of nondomestic
                                                                                                               wastewater permit renewal, if operation has
                                                                                                               changed or standard of review has changed.

                                                                                                               Air, Land and Water Quality


                                                                                                               Habitats

                  Confined animal facility,            X                                                       Existing facilities: subject to ACMP
                  small unit                                                                                   consistency review at time of nondomestic
                                                                                                               wastewater permit renewal, if operation has
                                                                                                               changed or standard of review has changed.

                                                                                                               Air, Land and Water Quality


                                                                                                               Habitats
                  Nutrient management                  X                                                       Not suboect to ACIVIP consistency review.





                                                                                                                                                     42


                  Management measure                    Applicable?         If no, explain                        Enforceable policy(les) that ensures
                                                        yes no                                                    management measure is implemented
                  Pesticide management                   x                                                        Aerial application of pesticides, and
                                                                                                                  application to water, subject to ACIVIP
                                                                                                                  consistency review.

                                                                                                                  Surface al2plication of r)esticides to orivate
                                                                                                                  land not subject to ACMP consistency
                                                                                                                  review.
                  Livestock grazing                      x                                                        State grazing leases subject to ACIVIP
                                                                                                                  consistency review.

                                                                                                                  Grazing leases on private (including Native
                                                                                                                  Corporation) and federal land not subwect to
                                                                                                                  ACIVIP consistency review.
                  Irrigation                             x                                                        1. Operation of existing irrigation and
                                                                                                                  chemigation systems not subject to ACMP
                                                                                                                  consistency review.

                                                                                                                  Water withdrawal permits that indirectly
                                                                                                                  affect nonpoint pollution from irrigation are
                                                                                                                  subject to ACIVIP consistency review as
                                                                                                                  follows: 1. Water withdrawals of 5000
                                                                                                                  gallons/day or less (except from known fish
                                                                                                                  overwintering areas) are not subject to
                                                                                                                  ACIVIP consistency review. 2. Water
                                                                                                                  withdrawals of 5,000-30,000 gallons/day
                                                                                                                  (that do not cumulatively reduce in-stream
                                                                                                                  flow to levels harmful to fish) are consistent
                                                                                                                  with the ACIVIP if erosion, compaction and
                                                                                                                  alterations to streambanks and shorelines
                                                                                                                  are prevented. 3. Permits for all other water
                                                                                                                  withdrawals are subject to ACMP
                                                                                                                  consistency review.






                                                                                                                                           43

                                                 ACMP Statewide Enforceable Policies for


                                                                      Forestry

       Applies to commercial forestry activities on 5 acres or more


         Management Measure           Applicable?       If no, explain              Enforceable policy(ies) that ensures management
                                      yes no                                        measure is implemented
         Preharvest o r pre-roading    x                                            Timber Harvest and Processing Standard'
         planning
         Strearnside special           x                                            Timber Harvest and Processing Standard'
         management areas
         Road construction,            x                                            Timber Harvest and Processing Standard'
         preconstruction
                                                                                    Equipment Crossing of Streams, General
                                                                                    Concurrence-5


                                                                                    Road Crossing, General Concurrence NWP-14

                                                                                    US Coast Guard Approved Bridges, General
                                                                                    Concurrence NWP-1 5


                                                                                    Culvert and Bridge Installation, General
                                                                                    Concurrence-7
         Road management               X                                            Timber Harvest and Processing Standard'

                                                                                    Surface Oiling of Roads, General Concurrence-1 1






             This regulation preempts all other ACIVIP standards for -forestry activities unless those activities require one or more federal or
       state permits.






                                                                                                                                                44


          Management Measure            Applicable?       If no, explain                Enforceable policy(ies) that ensures management
                                        yes no                                          measure is implemented
          Timber harvesting              x                                              Timber Harvest and Processing Standard'

                                                                                        Abandoned Timber Salvage, General
                                                                                        Concurrence-10
          Mechanical site                x                                              Timber Harvest and Processing Standard'
          preparation
          Prescribed or                  x                                              Prescribed fire: Timber Harvest and Processing
          wild fire control                                                             Standard'

                                                                                        Wildfire control not subject-to ACMP consistency

                                                                                        review.
          Revegetation of disturbed      x                                              Timber  Harvest and Processing Standard'
          areas
          Fertilizer and pesticide       x                                              Aerial application of pesticides, and application to
          application                                                                   water, subject to ACMP consistency review.

                                                                                        Fertilizer application not subject to ACMP
                                                                                        consistency review.
          Forestry in wetlands           x                                              Timber Harvest and Processing Standard

                                                                                        Habitats


                                                                                        Road Crossing, General Concurrence NWP-14







              1 his regulation preempts all other ACMP standards for forestry activities unless those activities require one or more federal or
        state permits.
    M I M = = = M = M M M M M M = M M = = M






                                                                                                                                 45

                                              ACMP Statewide Enforceable Policies for

                                                Developing and Existing Urban Areas



         Management measure             Applicable?     If no, explain               Enforceable policy(ies) that ensures
                                        yes no                                       management measure is implemented
         Post-development storm         x                                            Habitats (wetlands and important upland
         water runoff                                                                wildlife habitat).

                                                                                     Air, Land and Water Quality standar
                                                                                     substitutes turbidity and settleable solids for
                                                                                     TSS.
         Watershed protection           x                                            1. Geophysical Hazard Areas

                                                                                     2. Habitats
                                                                                       Areas Meriting Special Attention

                                                                                     3. Coastal Development
                                                                                       Energy Facilities
                                                                                       Transportation and Utilities
                                                                                       Habitats
                                                                                       Air, Land and Water Quality

                                                                                     Municil2alities are not reguired to incorporate
                                                                                     coastal management programs into
                                                                                     comprehensive plans, but they must adopt by
                                                                                     g-rdinance.









           1111111110 M M               M M






                                                                                                                                                46

         Management measure                 Applicable?       If no, explain                   Enforceable policyfles) that ensures
                                            yes no                                             management measure is implemented
         Site planning                       x                                                 1. Coastal Development
                                                                                                 Geophysical Hazard Areas
                                                                                                 Fish and Seafood Processing
                                                                                                 Transportation and Utilities
                                                                                                 Habitats


                                                                                               2. Energy Facilities

                                                                                               3. Geophysical Hazard Areas
                                                                                                 Habitats
                                                                                                 Air, Land and Water Quality


                                                                                               4. Habitats

         Construction sediment and           x                                                 1. Geophysical Hazard Areas
         erosion control                                                                         Habitats (wetlands and important upland
                                                                                                 wildlife habitat)
                                                                                                 Air, Land and Water Quality
                                                                                                 Equipment Crossing of Streams,
                                                                                                 General Concurrence-5


                                                                                               2. ACIVIP does not reauire ero ion and
                                                                                               sediment control I?Ians.

         Construction chemical               x                                                 1. Habitats
         control                                                                                 Air, Land and Water Quality

                                                                                               2. Habitats
                                                                                                 Air, Land and Water Quality


                                                                                               3. Habitats
                                                                                                 Air, Land  and Water Quality does not
                                                                                               address al2l2lication of nutrients.






                                                                                                                                47


        Management measure             Applicable?     If no, explain               Enforceable policy(ies) that ensures
                                       yes no                                       management measure is implemented
        Existing development           x                                            1. Improvements to existing permitted runoff
                                                                                    control structures can be stipulated when
                                                                                    permits need to be renewed or have expired, if
                                                                                    the facility has changed or standards of review
                                                                                    have changed. However, the ACMP does not
                                                                                    identify high griority improvements for a
                                                                                    watershed.


                                                                                    2. The ACMP does not schedule the
                                                                                    construction or rehabilitation of runoff
                                                                                    improvements in a watershed.

                                                                                    3. Habitats


                                                                                    4. Habitats

                                                                                    Areas Which Merit Special Attention plans
                                                                                    might have limited application in watershed
                                                                                    management programs.
        New onsite disposal systems    x                                            Location, design and installation of new OSDS
        (OSDS)                                                                      serving 3 or more households subject to ACMP
                                                                                    consistency review.

                                                                                    OSIDS that serve single family dwellings or
                                                                                    duplexes are not subject to ACMP review.

                                                                                    Inspection, ol2eration and maintenance of new
                                                                                    systems: not subject to ACMP review.








                                                                   111111110 M








         Management measure                 Applicable?        If no, explain                  Enforceable policy(ies) that ensures
                                            yes no                                             management measure is implemented
         Existing onsite disposal            x                                                 Operation of existing onsite disposal systems
         systems                                                                               not subject to ACMP review.
         Pollution prevention  2             x                                                 N/A
         Plan, site, and develop roads       X                                                 1. Coastal Development
         and highways                                                                            Geophysical Hazard Areas
                                                                                                 Transportation and Utilities
                                                                                                 Habitats
                                                                                                 Air, Land and Water Quality


                                                                                               2. Habitats
                                                                                                 Air, Land and Water Quality


                                                                                               3. Habitats
                                                                                                 Air, Land and Water Quality

                                                                                               Road Crossing, General Concurrence, NWP-14













              Does not apply to existing conventional onsite disposal systems that meet all of the following criteria: 1, treat wastewater from
        a single family home, 2. are sited where onsite disposal system density is less than or equal to one OSDS per 20 acres, and 3. the
        onsite disposal system is at least 1,250 feet away from surface waters.
            2 Does not require an enforceable policy.
                                  




                                                                                                             49


       Management measure        Applicable?   If no, explain           Enforceable policy(ies) that ensures
                                 yes no                                 management measure is implemented
       Site, design and maintain  x                                     Coastal Development
       bridges
                                                                        Geophysical Hazard Areas

                                                                        Transportation and Utilities

                                                                        Habitats


                                                                        Air, Land and Water Quality

                                                                        Culvert and Bridge Installation, General
                                                                        Concurrence-7

                                                                        Road Crossing, General Concurrence NWP-14

                                                                        US Coast Guard Approved Bridges, General
                                                                        Concurrence NWP-1 5

                                                                        Temporary Construction, Access and
                                                                        Dewatering, General Concurrence NWP-33






                                                                                                                                                  50


          Management measure                Applicable?        If no, explain                  Enforceable policyfles) that ensures
                                            yes no                                             management measure is implemented
          Erosion and sediment control       x                                                 1. Geophysical Hazard Areas
          plans for road, highway and                                                             Habitats (wetlands and important upland
          bridge construction                                                                     wildlife habitat).
                                                                                                  Air, Land and Water Quality

                                                                                               2. ACIVIP does not require erosion and
                                                                                               sediment control plans.

                                                                                               Culvert and Bridge Installation, General
                                                                                               Concurrence-7

                                                                                               US Coast Guard Approved Bridges, General
                                                                                               Concurrence NWP-1 5 requires the use of
                                                                                               appropriate erosion and siltation controls
                                                                                               during construction, but does not reguire the
                                                                                               I?reparation of an erosion and sediment control
                                                                                               p
                                                                                                  n _b re construgtign.
                                                                                                 la   efq
          Chemical control for roads,        X                                                 1. Habitats
          highways and bridges                                                                    Air, Land and Water Quality

                                                                                               2. Habitats
                                                                                                  Air, Land and Water Quality

                                                                                               3. Habitats
                                                                                                  Air, Land and Water Quality does not
                                                                                                  address nutrient application.
          Operation and maintenance          X                                                 Operation and maintenance activities that
          for roads, highways and                                                              require permits subject to the ACIVIP are
          bridges                                                                              subject to consistency review at the time of
                                                                                               permit renewal or expiration, if the activity has
                                                                                               changed or the standards of review have
                                                                                               changed.






         Management measure             Applicable?      If no, explain                Enforceable policy(ies) that ensures
                                        yes no                                         management measure is implemented
         Runoff management systems       x                                             Operation and maintenance activities that
         for roads, highways and                                                       require permits subject to the ACMP are
         bridges                                                                       subject to consistency review at the time of
                                                                                       permit renewal or expiration, if the activity has
                                                                                       changed or the standards of review have
                                                                                       Changed.


































                                                              11111110m      M






                                                                                                                                           52

                                                 ACMP Statewide Enforceable Policies for


                                                     Marinas, Boat Harbors and Boating


        These management measures apply to harbors or marinas that contain 10 or more slips, docks where 10 or
        more boats may tie up, any facility where a boat for hire is docked, any boat maintenance or repair yard
        adjacent to the water, public or commercial boat ramps, or any mooring field where 10 or more boats are
        moored.    Any stormwater discharge at a boat harbor that is ultimately issued an NPIDES permit will become
        exempt from the Coastal Nonpoint Pollution Control Program at the time the permit is issued.




         Management Measure               Applicable?       If no, explain                   Enforceable policy(ies) that ensures
                                          yes no                                             management measure is implemented
          Flushing'                        X                                                 Habitats

                                                                                             Air, Land and Water Quality
         Water quality assessment'         x                                                 Habitats

                                                                                             Air, Land and Water Quality















             Applies to new and significantly expanding facilities.






                                                                                                                                                    53


          Management Measure                 Applicable?        If no, explain                     Enforceable policy(ies) that ensures
                                             yes no                                                management measure is implemented
          Habitat assessment'                 x                                                    Coastal Development

                                                                                                   Habitats


                                                                                                   Areas Meriting Special Attention

                                                                                                   Structures in Fleeting and Anchorage Areas,
                                                                                                   General Concurrence NWP-9

                                                                                                           a     .(3eneral Concurrence NWP-36
          Shoreline stabilization'            x                                                      eoppy-      Hazard Areas

                                                                                                   Habitats

                                                                                                   Equipment Crossing of Streams, General
                                                                                                   Concurrence-5

          Runoff control3                     X                                                    Habitats

                                                                                                   Air, Land and Water Quality standard
                                                                                                   substitutes settleable solids and turbidity for
                                                                                                   TSS.
          Fueling station design'             x                                                    No standard directly addresses fuelina
                                                                                                   station de@jo. Habitats, and Air, Land and
                                                                                                   Water Quality standards indirectly address
                                                                                                   this management measure.



              Applies to new and significantly expanding facilities, to protect important habitats designated bylocal, state or federal agencies.

               Applies to new and significantly expanding facilities.
             3 Applies to new and significantly expanding facilities, and to existing facilities for at least the "hull maintenance areas". Hull
         maintenance areas are areas, including grids, whose primary purpose 'is to provide a place for boats during the scraping, sanding
         and painting of their bottoms.






                                                                                                                                                  54


           Management Measure                Applicable?       If no, explain                      Enforceable policy(ies) that ensures
                                             yes no                                                management measure is implemented
           Sewage facilities'                 x                                                    Habitats

                                                                                                   Air, Land and Water Quality

           Solid waste'                       X                                                    Habitats

                                                                                                   Air, Land and Water Quality
           Fish waste 2                       x                                                    Fish waste disposal may be included in a
                                                                                                   consistency review when harbor permits for
                                                                                                   solid waste and wastewater are renewed, if
                                                                                                   the harbor has changed or the standards of
                                                                                                   review have changed since the original
                                                                                                   permit was issued.
           Liquid material3                   x                                                    Liquid material disposal may be included in a
                                                                                                   consistency review when harbor permits for
                                                                                                   hazardous waste and wastewater are
                                                                                                   renewed, if the harbor has changed or the
                                                                                                   standards of review have changed since the
                                                                                                   original permit was issued.
           Leaks and spills from boat         x                                                    Boat fueling and bilge gumging are not
           fuelin g4                                                                               subject to ACMP consistency review.





               Applies to new and significantly expanding facilities.
             2 Applies to facilities where fish waste is determined to be a source of water pollution. Discharges of seafood processing waste
         covered under an NPDES permit are exempt.

             3 Applies to facilities where liquid material such as oil, antifreeze and paint, is used.

             4 Applies to boats with inboard fuel tanks.
            =               M       111110          M       M       M                      M               M               M       M       M       M






                                                                                                                                                  55


          Management Measure                 Applicable?       If no, explain                     Enforceable policy(ies) that ensures
                                             yes no                                               management measure is implemented
          In-water boat cleaning'             x                                                   New projects: Air, Land and Water Quality

                                                                                                  Existing facilities: Harmful boat cleaning
                                                                                                  practices may be included in a consistency
                                                                                                  review when harbor permits for hazardous
                                                                                                  waste and wastewater are up for renewal, if
                                                                                                  the harbor has changed or the standards of
                                                                                                  review have changed since the original
                                                                                                  permit was issued.
          Public education  2                 x                                                   N/A
          Maintenance of sewage               x                                                   Maintenance of sewage facilities
          facilities'                                                                             may be included in a consistency review
                                                                                                  when harbor permits for hazardous waste
                                                                                                  and wastewater are renewed, if the harbor
                                                                                                  has changed or the standards of review
                                                                                                  have changed since the original permit was
                                                                                                  issued.
          Boat operation in shallow           x                                                   New development: Habitats
          water  4








               Applies to facilities where water or sediment quality problems are caused by inwater hull or topside cleaning.
               Applies to "environmental control agencies" where marinas are located. Does not require an enforceable policy.
               Applies to facilities where marine sewage disposal facilities already exist.
               Applids to non-marina areas where evidence indicates that boating activities are impacting shallow water habitats.






                                                                                                                                                   56


                                        ACMP Statewide Enforceable Policies for Hydromodification

                                   Channelization, flow alteration and excavation along streambanks and shorelines



          Management measure                     Applicable?        If no, explain                    Enforceable p.olicy(ies) that ensures
                                                                                                      management measure will be
                                                 yes     no                                           implemented
          Consider physical and chemical          x                                                   1. Habitats
          characteristics of surface water.                                                             Air, Land and Water Quality

                                                                                                      2. Habitats
                                                                                                        Air, Land and Water Quality

                                                                                                      3. Operation and maintenance may be
                                                                                                      included in an ACIVIP consistency review
                                                                                                      when the channel modification permits
                                                                                                      are renewed, and the project has
                                                                                                      changed or the standards of review have
                                                                                                      changed since the permit was issued.
          Instream and streambank                 x                                                   1. Habitats
          restoration
                                                                                                      2. Habitats


                                                                                                      3. Operation and maintenance may be
                                                                                                      included in an ACIVIP consistency review
                                                                                                      when the channel modification permits
                                                                                                      are renewed, and the project has
                                                                                                      changed or the standards of review have
                                                                                                      changed since the permit was issued.








                                       ACMP Statewide Enforceable Policies for Hydromodication



                                                                            Dams



        Applies to dams that are either (1) 25 or more in height and greater than 15 acre-feet in capacity, or (2) 6 feet or more in height
        and greater than 50 acre-feet in capacity



          Management Measure                 Applicable?        If no, explain                     Enforceable policy(ies) that ensures
                                                                                                   management measure is implemented
                                             yes     no
          Erosion and sediment control        x                                                    1. Geophysical Hazard Areas
          plan
                                                                                                     Energy Facilities


                                                                                                     Habitats


                                                                                                     Air, Land and Water Quality

                                                                                                     Equipment Crossing of Streams,
                                                                                                   General Concurrence-5


                                                                                                     Hydropower Projects, General
                                                                                                   Concurrence NWP-17


                                                                                                   2. The ACMP does not require
                                                                                                   erosion and sediment control plans.








              Construction activities on sites greater than 5 acres are required to obtain an NPDES permit, and are therefore exempt from
                        
         this program.
     





                                                                                                                                           58


          Chemicals and pollutants          x                                                 1. Energy Facilities
          control'                                                                              Air, Land and Water Quality
                                                                                                Hydropower Projects, General
                                                                                               Concurrence NWP- 17


                                                                                              2. Energy Facilities
                                                                                                Air, Land and Water Quality
                                                                                                Hydropower Projects, General
                                                                                               Concurrence NWP- 17


                                                                                              3. Energy Facilities
                                                                                                Habitats
                                                                                                Air, Land and Water Quality does not
                                                                                              address nutrient application,.
          Assessment of water quality,     x                                                  Operation and maintenance may be included
          aquatic habitats and                                                                in an ACIVIIP consistency review when the
          strearnside habitats                                                                dam permits are renewed, and the project
                                                                                              has changed or the standards of review
                                                                                              have changed since the permit was issue

          Construction activities on sites greater than 5 acres are required to obtain an NPDES permit, and are therefore exempt from this
        program.





















                                                                                               MMMM MINI






                                                                                                                                          59


                                     ACMP Statewide Enforceable Policies for Hydrornodification

                                                        Eroding Streambanks and Shorelines



          Management measure              Applicable?       If no, explain                   Enforceable poli cy(ies) that ensure
                                          yes no                                             management measure will be implemented
          Streambank and shoreline         x                                                 1. Erosion caused by existing develogment
          erosion causing nonpoint                                                           is not subject to ACMP consistency revie
          source pollution                                                                   unless the development requires permits
                                                                                             subject to the ACMP, the permits are up for
                                                                                             renewal, and the development has changed
                                                                                             or the standards of review have changed
                                                                                             since the permits were issued.

                                                                                             2. Geophysical Hazard Areas
                                                                                               Habitats


                                                                                             3. Geophysical Hazard Areas
                                                                                               Habitats


                                                                                             Areas Which Merit Special Attention could
                                                                                             also be used to implement this measure.





        February 9, 1994\rnrn\wrksht.czrn                                                                                                  60

                                                  ACMP Statewide Enforceable Policies for

                                                         Wetlands and Riparian Areas



          Management measure               Applicable?      If no, explain                    Enforceable policy(les) that ensures
                                           yes no                                             management measure is implemented
          Protection of wetlands and       x                                                  Energy Facilities
          streambanks that filter out
          pollutants                                                                          Timber Harvest and Processing

                                                                                              Habitats


                                                                                              Air, Land and Water Quality

                                                                                              Areas Which Merit Special Attention

                                                                                              Road Crossing, General Concurrence NWP-
                                                                                              14

                                                                                              Minor Discharges, General Concurrence
                                                                                              NWP-18


                                                                                              Temporary Construction, Access and
                                                                                              Dewatering, General Concurrence NWP-33

                                                                                              Boat Ramps, General Concurrence NWP-36

          Restoration of wetlands and      X
          streambanks that filter out
          pollutants                                                                               N/A


          Promote the use of               X
          vegetated treatment systems                                                              N/A




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                                                                                                      61


     Project Consistency Regulations

     The ACMP consistency regulations (6 AAC 50) directly reference cumulative impacts in two
     sections. First, cumulative impacts must be considered when amending the lists of
     categorically approved permits and general concurrence determinations [6 AAC 50.050(3)].
     These lists identify classifications of permits which are eligible for expedited review.
     Second, cumulative impacts must be considered when evaluating the need for public notice
     during a consistency review [6 AAC 50.070(f)].

     As mentioned earlier, consistency regulations that include the phrase "use of direct and
     significant impact" allude to cumulative impacts because the statutory definition of this term
     mentions cumulative impacts.


     Coastal District Program Enforceable Policies

     Unquestionably, enforceable policies in coastal district pr ograms provide stronger direction to
     consider or mitigate cumulative impacts than State statutes or regulations. At least 19 of the
     33 coastal districts address cumulative impacts in one way or another and two districts
     address secondary impacts. Table 2.3 summarizes these policies. This table, however, does
     not include state or federal provisions adopted by reference into district programs (e.g., some
     district programs have adopted State DEC regulations or the federal Corps regulations).

     Although a number of districts have adopted similar CSI policies, no attributes appear to be
     common to all programs. A few generalizations, however, can be made.

                    Eleven programs include cumulative impact requirements by adopting the
                    statutory definition of a "use of direct and significant impact" found in AS
                    46.40.210(5).

                    Most district CSI policies require control of cumulative impacts rather than
                    just assessing them'.

                    No provisions provide clear guidance about how to assess or mitigate
                    cumulative impacts.





          'About 80 percent of these policies use words such as shall, will, or must when directing
      reviewers to prevent, avoid, consider, or mitigate CSIs. About 20 percent of CSI policies
      use less demonstrative terms such as should or may when directing reviewers to identify,
      gather information about, or consider CSIs. Two policies direct reviewers to approve certain
      activities if there are no cumulative impacts.





                                                                                                                                                                                              62


                Table 2.3: Policies of Coastal Districts Relating to Cumulative and Secondary Impacts


                      District                  Policy                                                                      Description

                                                Definition           A "significant impact" means an impact likely to have an influence or effect greater than
                                                                     mere chance and has the same meaning as a "use of direct and significant impact" defined
                                                                     m
                                                                       AS 46.40.210(S) which references cumulative adverse effects.

                                                A-3
                                        ...                          Cumulative impacts on fish and wildlife, air and water quality, cultural, and recreation
                                                                           rces must be mitigated.
                                                                     resou

                  . . .. ..........
                                                B-9                  DEC Certificate of Assurance for NPDES permits shall require that discharges of drilling
                 .. .. ....... .                                               ve no significant accumulative adverse impacts.
                                                                     muds ha

                                                Definition           Definition of 'significant adverse impact" has the same meaning as the definition of a 'use
                                                                     of direct and significant impact" in AS 46.40.210(S) which references cumulative adverse
                                                                     effects.

                                                A-2                  Cumulative impacts on fish and wildlife, air and water quality, cultural, and recreation
                                                                     resources must be mitigated.

                  ......                        A-5                  Dredging and filling operations will avoid significant adverse impacts.

                                                C-7                  Development facilities and uses shall not increase sedimentation and turbidity in a manner
                                                                     which could have a significant adverse impact to aquatic productivity or habitats.

                                                C-12                 DEC will assure that cumulative air emissions do not exceed air quality standards.

                                                C-13                 Authorizing agencies shall ensure that cumulative effects on water quality caused by
                                                                     effluent discharges do not exceed water quality standards.

                                                C-14*                Applicants are encouraged to consult with the district and state agencies to evaluate the
                                                                     potential for cumulative effects of emissions or effluent discharges.

                                                D-4*                 District will coordinate with resource users to identify concerns about significant adverse
                                                                     impacts on subsistence and personal use activities.

                                                E-5                  Road, utility and pipeline crossings of anadromous fish streams shall be minimized and
                                                                     consolidated to reduce multiple impacts.

                                                F-2                  Development shall incorporate appropriate designs and measures to mitigate potential
                                                                     significant adverse impacts to fish resources.

                                                F-3                  New or modified seafood processing operations will avoid discharge of processing wastes
                                                                     which cause significant adverse impacts on water quality or marine habitat.
                                                1-2                  Archeological, prehistoric, and historic resources shall be protected from significant
                             ... ..........
                         .................                           adverse impacts.
                  .. ...........   ..... ...
                               orage:@::*@@i@;  Urban-5              Use or activities which would result in direct and significant envirommental impacts (not
                                                                     defined) must be prohibited.
                      . . ...... ... .

                                                Definition           Rural classification definition includes a discussion of opportunities for recreational uses
                                ble':::::                            within the ecological carrying capacity (carrying capacity implies a consideration of
                                                                     cumulative effects)
                                           rB-9








       Project Consistency Regulations

       The ACMP consistency regulations (6 AAC 50) directly reference cumulative impacts in two
       sections. First, cumulative impacts must be considered when amending the lists of
       categorically approved permits and general concurrence determinations [6 AAC 50.050(3)].
       These lists identify classifications of permits which are eligible for expedited review.
       Second, cumulative impacts must be considered when evaluating the need for public notice
       during a consistency review [6 AAC 50.070(f)].

       As mentioned earlier, consistency regulations that include the phrase "use of direct and
       significant impact" allude to cumulative impacts because the statutory definition of this term
       mentions cumulative impacts.


       Coastal District Program Enforceable Policies

       Unquestionably, enforceable policies in coastal district programs provide stronger direction to
       consider or mitigate cumulative impacts than State statutes or regulations. At least 19 of the
       33 coastal districts address cumulative impacts in one way or another and two districts
       address secondary impacts. Table 2.3 summarizes these policies. This table, however, does
       not include state or federal provisions adopted by reference into district programs (e.g., some
       district programs have adopted State DEC regulations or the federal Corps regulations).

       Although a number of districts have adopted similar CSI policies, no attributes appear to be
       common to all programs. A few generalizations, however, can be made.

                     Eleven programs include cumulative impact requirements by adopting the
                     statutory definition of a "use of direct and significant impact" found in AS
                     46.40.210(5).

                     Most district CSI policies require control of cumulative impacts rather than
                     just assessing them.

                     No provisions provide clear guidance about how to a  ssess or mitigate
                     cumulative impacts.





           'About 80 percent of these policies use words such as shall, will, or must when directing
       reviewers to prevent, avoid, consider, or mitigate CSIs. About 20 percent of CSI policies
       use less demonstrative terms such as should or may when directing reviewers to identify,
       gather information about, or consider CSIs. Two policies direct reviewers to approve certain
       activities if there are no cumulative impacts.





                                                                                                                                           63


                 District            Policy                                                 Description

                                     Definition     "Siguirr-ant' means likely to have an influence greater than that attributable to mere
                                                    chance, has the same meaning as the definition of a "use of direct and significant impact' in
                                                    AS 46.40.210(5) which references cumulative adverse effects. Same definition is used in
                                                    the AMSA.

                                     IO)C7)         Managing agencies may require floating facilities to minimize conflicts if there are
                                                               adverse isnpacts on other users.
                                                    significant

                                     I-B            A potentially conflicting use shall not cause signWicimt adverse impacts to essential fish and
                                                    wildlife habitat of species of importance to local residents.

                                     3-B(6)         Siguiricant adverse impacts of a floating facility on other users may have to be mitigated.

                                     S-A            Developments which may have a signtricant adverse impact on wilderness values and
                                                    fisheries-shall mitigate impacts.

                                     9-C            Extraction or discharge of fill or dredge material shall avoid significant adverse impacts on
                                                                 supplies.
                                                    public water
              .... .. ......
                          ......... ...
                     .......         9-C            Uses and activities shall avoid significant adverse impacts to anadromous fish streams and
                          . ... ..... .. . ..
                                                    rearing areas.

                                     Definition     *Siguiricant impact* means an impact which is likely to have an influence greater than
                                                    mere chance and has the same meaning as the definition of a *use of direct and significant
                                                    impact" in AS 46.40.210(5) which references cumulative adverse effects.

                                     A-2*           Where significant adverse impacts affect subsistence, the CRSA shall work with affected
                                                    communities, if requested, to develop mitigative measures and stipulations.

                                     B-1 I          Applicants must provide data necessary to determine instream flow if the cumulative
                                                    impact of water appropriations has the potential to decrease instream flow below the
                                                    amount necessary for fish and waterfowl habitat and production.

                                     B-21           Development activities shall not cause significant impacts to habitats for populations of
                                                    endangered species.

                                     C-6            Cumulative impacts of new industrial development on air and water quality shall be
                                                    considered, and cumulative effects must meet all applicable state and federal laws and
                                                    regulations.

                                     C-1 I          Siltation, sedimentation and turbidity shall not pose a significant adverse impact to aquatic
                                                    life and habitat.


                                     C-12.1
                                                    The DEC Certificate of Reasonable Assurance for NPDES permits shall require discharges
                                                    to avoid cumulative adverse impacts on fish, wildlife and aquatic plants.

                                     F-3
                                                    Dredging or filling operations which may have a signiricant, adverse impacts on essential
                                                    fish and wildlife habitat shall be prohibited unless there is no feasible alternative.

                                     F-4            Dredge spoil disposal shall avoid significant adverse impact to important and essential
                                                    habitats and significant alteration of shoreline processes.
                       gStraits-     F-7            Where significant adverse impacts from offshore resource exploration cannot be avoided,
                   continues)                       mitigation shall be considered.








                               District                    Policy                                                                                Description

                                                          G-9-1                  Extraction of placer deposits shall avoid significant adverse impacts to essential habitats.


                                                                                                                               cons         ed           roposals pot tial                       erse impacts to
                                                          4. p 98                Alternative designs shall be                         ider for p                        if      en        adv
                                                                                 fisheries are significant. (Significant impacts am not defined.)
                                                         Definition              'Significant' means likely to have an influence greater than mere chance and has the same
                                                                                 meaning as the definition of a 'use of direct and significant impact' in AS 46.40.210(S)
                                                                                 which references cumulative adverse effects.

                                                          1.3
                                                                                 Dredging or filling projects in waters or wetlands will avoid signWwant impacts to critical
                                                                                 fish and wildlife habitat.

                                                          2.1                    Projects in known geological haza d areas will protect against significant loss of fish and
                                                                                 wildlife populations.

                                                          4.2                    Intent language for this policy requires that the best information about significant adverse
                                                   ...                           impacts of explosives and other seismic technology on fish and wildlife will be used.

                        . .........                       4.3                    Vessels engaged in offshore geophysical exploration shall avoid signific
                          ........ ...
                                                                                                                                                                                                     Amt interference
                                                                                 with commercial fishing activities.

                                                          4.5                    Energy facilities will avoid significant adverse impacts to fish and wildlife populations.

                                                          5.4                    Bridges and culverts on fish streams will accommodate annual flood conditions without
                                                                                 changing the direction and flow or otherwise interfere with migration or spawning unless it
                                                .. ....                          is determined that deviation from this policy will not have a significant impact on fish
                                              ..........                         resources.

                                                          8.4                    Sand and gravel extraction from certain coastal areas will be permitted only if there will be
                                                                                 no significant adverse impact to fish.

                          . . . .......
                                                          10.6                   Channelization, damming or diversion that alters natural hydrological conditions will be
                                                                                 avoided if there will be a significant adverse impact on critical waterfowl habitat.

                                       .... it
                             lUines                      Definition              'Significant adverse impact" means the same as a 'use of direct and significant impac
                                                                                 defined in AS 46.40.210(5) which references cumulative adverse impacts.
                                                         A-5                     Dredging and filling operations shall avoid significant adverse impacts.

                                                         A-9                     Development and resource extraction shall minimize erosion and significant adverse
                                                                                 impact to shoreline processes.

                                                         A-10                    To the extent feasible and prudent, developments in or adjacent to marine and estuarine
                            ..........
                                                                                 waters shall not cause significant adverse impacts on migration patterns of commercial and
                                                                                 subsistence fish species.
                             .... . ....
                              .............

                                                         A-11                    All land and water activities shall be planned and conducted to mitigate potentially
                                                                                 significant adverse impacts on fish and wildlife populations and valuable habitats, fish
                                                                                 harvest activities, air and water quality, and cultural and recreational resources.

                                                         C-3                     Activities on recreational land shall minimize significant adverse impacts to recreational
                                                                                 activities, including access.






                                                                                                                                              64


                   District          Policy                                                   Description

                                                                                                                        pwts     esse tial hab tats
                                     G-9.1           Extraction of placer deposits shall avoid signiricant adverse im         to     n         i


                    W61:"            4. p 99         Alternative designs shall be considered for proposals if potential adverse isnpacts to
                                                     fisheries are signifecanL (Significant impacts we not defined.)
                                     Definition      'Significitnt" means likely to have an influence greater than mere chance and has the same
                                                     meaning as the definition of a *use of direct and significant impact* in AS 46.Q.210(.5)
                                                     which references cumulative adverse effects.

                                     1.3             Dredging or filling projects in waters or wetlands will avoid significant impacts to critical
               . . . ....                            fish and wildlife habitat.

                                     2.1             Projects in known geological hazard areas will protect against significant loss of fish and
                                                     wildlife populations.

                                     4.2             Intent language for this policy requires that the best information about significant adverse
                                                     impacts of explosives and other seismic technology on fish and wildlife will be used.

                                     4.3             Vessels engaged in offshore geophysical exploration shall avoid significant interference
                                                     with commercial fishing activities.

                                     4.5
                                                     Energy facilities will avoid significant adverse impacts to fish and wildlife populations.

                                     5.4             Bridges and culverts on fish streams will accommodate annual flood conditions without
                                                     changing the direction and flow or otherwise interfere with migration or spawning unless it
                                                     is determined that deviation from this policy will not have a signiricant impact on fish
                 ...                                 resources.

                                     9.4             Sand and gravel extraction from certain coastal areas will be permitted only if there will be
                                                     no signifiscant adverse impact to fish.

                                     10.6
                                                     Channelization, damming or diversion that alters natural hydrological conditions will be
                                                     avoided if there will be a significant adverse impact on critical waterfowl habitat.
                         ei:s"       Definition      'Significant adverse impact' means the same as a 'use of direct and significant impact'
                                                     defined in AS 46.40.210(5) which references cumulative adverse impacts.

                     d
                                     A-5             Dredging and filling operations shall avoid significant adverse impacts.

                                     A-9             Development and resource extraction shall minimize erosion and significant adverse
                                                     impact to shoreline processes.

                                     A-10            To the extent feasible and prudent, developments in or adjacent to marine and estuarine
                               ......                waters shall not cause siguiricant adverse impacts on migration patterns of commercial and
                           . .... .-                 subsistence fish species.
                                x@::
                                     A-1 I           All land and water activities shall be planned and conducted to mitigate potentially
                                                     signiricant adverse impacts on fish and wildlife populations and valuable habitats, fish
                                                     harvest activities, air and water quality, and cultural and recreational resources.,
                   ;(H               C-3             Activities on recreational land shall minimize significant adverse impacts to recreational
                  -continues).,:,
                                                     activities, including access.
                                   @-3





                                                                                                                                                                           65


                      District               Policy                                                              Description

                                             E-2                Transportation, pipeline, and utility facilities shall minimize significant adverse impacts to
                                                                habitats, biological resources, coastal resources and uses, and recreation and uses.

                                             E-4                Marine transportation fiedities shall be designed to the extent feasible and prudent to avoid
                                                                siguiricant adverse impacts on tidelands and wetland areas.

                                             F-4                Maintenance and enhancement of fisheries resources shall be given high priority in review
                                                                of uses which might have a significant adverse impacL

                                             G-2                Timber harvests shall minimize significant adverse impacts an fish and fish habitat, public
                                                                access, drainage patterns, and infestation of forest pests.

                                             G
                                             -3
                                                                Timber processing and storage operations shall ensure that wood waste does not create
                                                                signirwALnt adverse impacts on streams and drainages, wetlands. tidelands or marine
                                                                waters.


                                             1-4*               The district should coordinate with affected resource users when land and water activities
                                                                may have a signirwant adverse impact on subsistence or personal use activities.

                                                                Maintenance and enhancement of wetlands and anadromous; fish habitat shall be given
                                                                highest priority when reviewing proposals which may cause significant adverse impacts.

                                             J-3                All local land and water uses subject only the Haines district review shall mitigate potential
                                                                sWiricant adverse impacts upon freshwater or saltwater wetlands and anadromous fish
                                                                habitat.

                                             L-3                When development activities are located in significant historic areas, mitigation is required
                                                                to the extent feasible and prudent to prevent significant adverse impacts shall be the
                                                                responsibility of the developer.
                     ...... ......
                                             n/a                Tle implementation language for the coastal program requires reviewers to determine if the
                                                                proposed action will have any secondary effects that will be inconsistent with the future
                           ...                                  land use plan or that will impact coastal resources.
                   ............

                                             Customary          Encourage cooperation with adjacent owners and managers to manage traditional and
                                             Use-5              customary activities.

                                             Habitat-2          Encourage cooperative management planning of important habitat areas.
                                             Historic-2         Encourage protection of historic, prehistoric, and archeological resources from adverse
                                                                impacts caused by surrounding uses and activities.

                                             n/a                The implementation language for the coastal program requires reviewers to determine if the
                                                                proposed action will have any secondary effects that will be inconsistent with the future
                                                                land use plan or that will impact coastal resources.

                            enat
                           K                 Definition         "Significant impact" has the same meaning as a "use of direct and significant impact"
                     --Bb'  ro .ugh**,                          defined in AS 46.40.210(5). This definition addresses cumulative adverse effects.

                                             2.4                Dredging and filling operations will avoid significant impacts to fish and wildlife habitat.

                                             n/a
                                                                Implementation language for policy 5-9 requires best available scientific information relative
                                                                to significant adverse impacts of explosives and other seismic technology on fish and
                       contuiues)@
                                                                wildlife.








                    District           Policy                                                   Description

                                       6.2            Road, pipeline, and utility crossings of anadromous streams shall be consolidated at single
                                                      locations to reduce multiple impacts.

                                       8.2            Mariculture facilities shall minimize cumulative impacts on water quality and disease
                                                      transmission.

                                       10.2           Extraction of placer materials shall avoid sknificant adverse impacts.

                                       10.3(c)        Offshore mining within a one-mile radius of anadromous fish streams shall avoid signifikAW
                                                      adverse impacts.

                                                      Extraction of sand and gravel from the sea bottom shall avoid significant adverse impacts
                                       10.3(d)
                                                      to important habitats, fishing activities, coastal erosion and deposition, and navigation.
                 ..... .         ....
                        . . . . . . .. . . . . .. . . . . . . . . .. . . . . . . . .

                 _..q.                 Definition     'Significant impact' has the same meaning as *use of direct and significant impact' as
                                                      defined in AS 46.40.210(5) which addresses cumulative adverse effects.


                                       6.1            New roads or trails used for motorized vehicles shall be consolidated at single locations on
                                                      anadromous fish streams to reduce multiple impacts.

                                       Energy-9       Energy facilities with airborne emissions shall be located. where winds and air currents can
                                                      disperse the emissions and where the cumulative impact does not violate state and federal
                                                      standards.

                                       Energy-10      Effluent from energy facilities shall be located where currents can disperse effluent and
                                ......                where the cumulative impad does not violate state and federal standards.
                                       Air/           New large-scale industrial developments shall evaluate potential cumulative impact on
                                       Water-I        district air and water quality.

               .....           ......
                                       n/a            An attachment to the March 31, 1988 Coastal Policy Council order approving an
                                                      amendment to the district program approved uses and activities within 75 feet of the
                                                      ordinary high water line of rivers, streams and lakes when there are no signirk-ant adverse
                                                      impacts to wate
                                                                       r quality and fish and wildlife habitat.

                                       3-b (p.46)     Firewood harvest areas will be managed considering the sustained yield carrying capacity
                                 ...                  of the areas.

                                       2.3.3.(a)
                ,.:]:.-.North Slove                   Development (single projects or a series of projects) shall not deplete subsistence resources
                ..........-
                  ...........-
                 ............
                                                      below the subsistence needs of borough residents.
                                       E-2            The cumulative impad of new industrial development on district air and water quality shall
                                                      be considered in the review of proposed projects.
                                       F-2            Development shall not result in significant adverse impacts (not defined) to other coastal
                                                      processes.

                                       AA-2           Activities shall not have a significant adverse impact on marine mammals.
                  .. .... ... . . ....

                                       BB-2           Activities shall not have a significant adverse impact on marine mammals.
                      -sitka           1.5(6)         Signir"rit adverse impacts shall be mitigated for floating facilities. (Significant adverse
                                                      impacts are not defined.)






                                                                                                                                                                                              66


                       District                   Policy                                                                     Description

                                                  6.2                Read, pipeline, and utility crossings of anadromous streams shall be consolidated at single
                                                                     locations to reduce multiple impacts.

                                                  8.2                Mariculture facilities shall minimize cumulative isupacts on water quality and disease
                                                                     transmission.

                                                  10.2               Extraction of placer materials shall avoid significant adverse impacts.

                                                  10.3(c)            Offshore mining within a one-mile radius of anadromous fish streams shall avoid significant
                                                                     adverse impacts.

                                                  10.3(d)            Extraction of sand and gravel from the sea bottom shall avoid signifkant adverse impacts
                                                                     to important habitats, fishing activities, coastal erosion and deposition, and navigation.

                                     AW@:*        Definition         'Significant impact' has the same meaning as 'use of direct and significant impact* as
                                                                     defined in AS 46.40.210(5) which addresses cumulative adverse effects.

                    ... . ....... ..

                                                                     New roads or trails used for motorized vehicles "I be consolidated at single locations on
                                                  6.1
                              ou
                                          ....                       anadromous fish streams to reduce multiple impacts.

                                                  Energy-9           Energy facilities with airborne emissions shall be located, where winds and air currents can
                                                                     disperse the emissions and where the cumulative impact does not violate state and federal
                                                                     standards.

                                         ......   Energy-10          Effluent from energy facilities shall be located where currents can disperse effluent and
                                                                     where the cumulative impact does not violate state and federal standards.

                                        .......   Air/               New large-scale industrial developments shall evaluate potential cumulative impact on
                                      ...........
                                                  Water-I            district air and water quality.

                                                  n/a                An attachment to the March 31, 1988 Coastal Policy Council order approving an
                             j:j
                                                                     amendment to the district program approved uses and activities within 75 feet of the
                                                                     ordinary high water line of rivers, streams and lakes when there are no significant adverse
                                                                     impacts to water quality and fish and wildlife habitat.

                                                  3-b (p.46)         Firewood harvest areas will be managed considering the sustained yield                                                    p ity
                                                                                                                                                                             carrying ca ac
                                                                     of the areas.

                                                  2.3.3.(a)          Development (single projects or a series of projects) shall not deplete subsistence resources
                                                                     below the subsistence needs of borough residents.

                                                  E-2                The cumulative impact of new industrial development on district air and water quality shall
                                                                     be considered in the review of proposed projects.

                                                  F-2                Development shall not result in significant adverse impacts (not defined) to other coastal
                                                                     processes.

                                                  AA-2               Activities shall not have a significant adverse impact on marine mammals.

                                                  BB-2               Activities shall not have a significant adverse impact on marine mammals.

                                                  1.5(6)             Signiricant adverse impacts shall be mitigated for floating facilities. (Significant adverse
                                ka
                        (continues)                                  impacts are not defined.)





                                                                                                                                         67


                 Wistrict           Poricy                                                 Description

                                    1.7            Waterfront projects a4jacent to the road system shall be reviewed to determine cumulative
                                                   effect upon tidelands and wetlands and fish and wildlife.

                                    6.6            Mariculture operations shall be evaluated with respect to the cumulative effects of all
                                                   mariculture sites in operation.

                                    8.1            Sand and gravel may be extracted from tidelands if no feasible upland alternative exists and
                                                   the extraction will not result in sknifikAnt adverse effects.

                                    9.1            Land and water uses shall minimize and/or mitigate signiracant adverse impacts on
                                                   subsistence resourcm

                                                   Cumulative effects of new major developments on ambient air and water quality will be
                                    D-9*
                          ....... ..
              . .. ...... ...
                 . ......... .
                                                   considered in the review of proposed development projects.

                                    Definition     'Significant adverse impact' has the same meaning as a "use of direct and significant
                                                   impact" defined in AS 46.40.210(5) which addresses cumulative adverse effects.

                                    L(c)           I-and and water uses shall be conducted with appropriate planning, implementation, and
                                                   monitoring/enforcement to mitigate potentially significant adverse impacts.

                                    IH-(b)         Public access to important recreation and fish and wildlife harvest areas shall be increased if
                                                   there will be no signifkma adverse impacts to fish and wildlife populations.

                                                   Seafood processing and mariculture facilities shall be designed and operated to prevent
                                    Vl.(a)
                                                   significant adverse impacts.

                                    VII.(b)        Disposal of timber waste shall not have a significant adverse impact on fish and wildlife
                                                   habitats.

                                    VU.(f)         Firewood gathering should n3lairnize adverse environmental impacts.

                                    VIIL(b)        Sand and gravel extraction from state tidelands, submerged lands and fish bearing waters
                                                   will be prohibited unless there will not be a significant adverse impact.

                                       .(a)        All steps will be taken to safeguard personal and subsistence use from all signifik-ant
                                                   adverse impacts.

                                    K(c)(2)        Development shall not have a significant adverse effect on the Thorne River estuary.

                                    K(g)
                                                   Uses and activities shall avoid significant adverse impacts to anadromous fish streams.

                                    3a.(b)         Cumulative impacts of new industrial development on district air and water quality shall be
                                                   evaluated and considered by authorizing agencies in the review of projects.

                                                   The discharge of industrial and commercial wastewater into the coastal waters shall be
                                    )a.(d)
                                                   limited to areas with enough flushing action and will be in amounts that will avoid
                                                   significant adverse impacts.

                        . ........ ... XH.(C)      Archeological, prehistoric and historic resources shall be protected from signirwant adverse
                                                   im pacts.

                                    IV-(b)(1)      Energy facilities will be sited to minimize adverse environmental and social effects (not
                                                   defined) while satisfying industrial requirements.









                    District         Policy                                               Description

                                    Definition
                                                   "StuifiClUlt Impacts" are those likely to have a greater influence than mere chance and has
                                                   the same meaning as a 'use of direct and significant impact' in AS 46.40.210(5) which
                                                   references cumulative impacts.

                                     B-6           Short-term effluent and cumulative impacts of facilities shall not violate state and federal
                                                   water quality standards.
                        .. ........ ...... K-6     Developments that may cause significant adverse impacts on fish and wildlife shall provide
                                                   a minimum 25 foot buffer and where prudent and feasible, a 100 foot buffer.

                                     Definition    "Direct and significant impact* uses the same language as a *use of direct and significant
                                                   impact* defined in AS 46.40.210(5) which addresses cumulative adverse effects. The
                                                   definition does not directly reference the statute.

                                     G-12-          -umulative effects of new major developments on ambient air and water quality should be
                                                   C

                      . . . . . . . . ....
                                                   considered during project reviews.


                        Administrative Policies
                        Before approving the Haines Program at its February 9, 1993 meeting, the CPC removed enforceable policy
                        K-6 which required consideration of cumulative impacts on air and water quality.
                Source: Coastal District Policies
                Prepared by the Division of Governmental Coordination, June 1993



                                 Most district CSI provisions are enforceabl            e policies although a few are
                                 administrative policies.

                                 Most programs w        ith cumulative impact provisions indicate specific resources
                                 for which they are to be applied. Only four programs have general cumulative
                                 impact provisions for all coastal resources, and two programs have general
                                 cumulative impact provisions for specific areas within the district.

               Cumulative impact provisions addressed in district programs span a wide breadth of
               concerns. The policies most often deal with air and water quality and fish and wildlife
               resources. References to CSIs also emphasize dredge and fill operations, stream crossings,
               subsistence resources, archaeologic and historic resources. Other less common policies
               address the cumulative impacts of seismic testing, disposal of drilling muds, marine
               mammals, mariculture, placer mining, floating facilities, and wilderness.

               The Hoonah and Hydaburg coastal programs contain the only references to secondary
               impacts in district policies. The implementation language for these programs require project
               reviewers to determine if the proposed action will have secondary effects on coastal resources
               that will be inconsistent with "the future land use plan."

               While many district policies use the term cumulative impacts, others indirectly reference
               them. A few references imply consideration or control of cumulative impacts by using terms





                                                                                                                                                                                              68


                       District                  Policy                                                                      Description

                                               Definition            'Significant Impacts' are those likely to have a greater influence than mere chance and has
                                                                     the same meaning as a *use of direct and significant impact" in AS 46.40.210(5) which
                                                                     references cumulative impacts.

                                                 B-6                 Short-term effluent and cumulative impacts of facilities shall not violate state and federal
                                                                     water quality standards.

                  .... . .                       K-6
                               . .... .                              Developments that may cause significant adverse impacts on fish and wildlife shall provide
                                .. ... .... .
                     .. ......... I
                          a.........
                                                                     a minimum 25 foot buffer and where prudent and feasible, a 100 foot buffer.

                                                 Definition          'Direct and significant impact' uses the same language as a "use of direct and significant
                                                                     impact' defined in AS 46.40.210(5) which addresses cumulative adverse effects. The
                                                                     definition does not directly reference the statute.

                                                 G-12*               Cumulative effects of new major developments on ambient air and water quality should be
                                                                     considered during project reviews.


                              Administrative Policies
                              Before approving the Haines Program at its February 9, 1993 meeting, the CPC removed enforceable policy
                              K-6 which required consideration of cumulative impacts on air and water quality.
                   Source: Coastal District Policies
                   Prepared by the Division of Governmental Coordination, June 1993



                                             Most district CS1 provisions are enforceable policies although a few are
                                             administrative policies.

                                             Most programs with cumulative impact provisions indicate specific resources
                                             for which they are to be applied. Only four programs have general cumulative
                                             impact provisions for all coastal resources, and two programs have general
                                             cumulative impact provisions for specific areas within the district.

                  Cumulative impact provisions addressed in district programs span a wide breadth of
                  concems. The policies most often deal with air and water quality and fish and wildlife
                  resources. References to CSIs also emphasize dredge and fill operations, stream crossings,
                  subsistence resources, archaeologic and historic resources. Other less common policies
                  address the cumulative impacts of seismic testing, disposal of drilling muds, marine
                  mammals, mariculture, placer mining, floating facilities, and wildemess.

                  The Hoonah and Hydaburg coastal programs contain the only references to secondary
                  impacts in district policies. The implementation language for these programs require project
                  reviewers to determine if the proposed action will have secondary effects on coastal resources
                  that will be inconsistent with "the future land use plan."

                  While many district policies use the term cumulative impa                                                  cts, others indirectly reference
                  them. A few references imply consideration or control of cumulative impacts by using terms






                                                                                                      69


          such as carrying capacity, cooperative management (for activities on adjoining lands), and
          multiple impacts.

          Eleven districts use the statutory definition for a "use of direct and significant impact" which
          speaks to cumulative impacts [AS 46.40.210.(5)]. These districts use this definition to define
          four different terms:


                   0     "direct and significant impact' (Whittier Coastal District),

                   s     "significant adverse impact" (Aleutians West and Haines coastal districts).

                   a     "significant impact" (Aleutians East, Bering Straits and Kenai Borough,
                         Thorne Bay, and Valdez coastal districts, and Port Graham-Nanwalek
                         AMSA)', and

                   0     "significant" (Angoon Coastal District and Bristol Bay Coastal Resource
                         Service Area).

            As discussed earlier, the term "use of direct and significant impact" is specifically applied in
            the statutes, but its use in a statement of policy within the ACMA reflects legislative intent to
            consider cumulative effects in the ACMP. Although the definition of this phrase has limited
            application in the statutes, it is applied extensively in coastal district programs. The
            inclusion of the statutory definition and associated enforceable policies in district programs
            provide direction for review of projects during ACMP consistency reviews.


            OTHER STATE PROVISIONS


            A number of other Alaska statutes, regulations and policies contain explicit or implicit
            direction to address cumulative and secondary impacts. These programs are discussed under
            separate headings: coal mining, oil and gas, aquatic farms, impact assistance, the DFG
            Nfitigation Policy, and indirect references.


            Coal Mining

            Before a permit is issued, mining statutes require "an assessment of the probable cumulative
            impact of all anticipated surface coal mining in the area on the hydrologic balance" (AS




                "An AMSA is a special planning area known as an "area which merits special attention"
            (AS 46.40.210 and 6 AAC 80.158). These areas may occur within and outside of coastal
            districts.




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                                   @ F-,-.:j- /ril\ F                                               A                          70
                                                            n n
                                      D
                                                                                                       WA L TER J. HICKEL, G 0 VERNOR
                                             1 1 J-11                           J                 P
                                              OFFICE OF TW GOVERNOR                             y!"

                                        OFFICE OF MANAGEMENT AND BUDGET
                                DIVISION OF GOVERNMENTAL COORDINATION

            SOUTHCENTRAL REGIONAL OFFICE                 CENTRAL OFFICE                           0 PIPELINE COORDINATORS OFFICE
            3601 -C- STREET, SUITE 370                   P.O. BOX 110030                              411 WEST 4TH AVENUE, SUITE 2C
            ANCHORAGE, ALASKA 99503-5930                 JUNEAU. ALASKA 998114=                       ANCHORAGE, ALASKA 99501-2343
            PH: (907) 561-61311FAX: (907) 561-6134       PH: (907) 465-35621FAX: (907) 465-M75        PH: (907) 278-8594/FAX: (907) 272-0690


                  February 9, 1994

                  John King
                  NOAA/NOS
                  Office of Ocean and Coastal Resource Management
                  SS MC4 (N/ORM 3)
                  1305 East-West Highway
                  Silver Spring, Maryland 20910

                  Dear Mr. King:

                  The State of Alaska has the following comments on NOAA's coastal zone
                  boundary recommendation for Alaska, and the draft criteria states may use to
                  evaluate the geographic scope of the ï¿½6217 management area.

                  Coastal Zone Boundary Recommendation for Alaska

                  According to ï¿½6217(e), NOAA must evaluate a state's coastal zone boundary to
                  determine whether it extends far enough inland to control uses and activities that
                  have a significant impact on coastal waters. If that review indicates that the
                  state's coastal zone boundary is ineffective in controlling land and water uses
                  which impact coastal waters, then NOAA is to recommend appropriate
                  modifications.


                  NOAA has not performed such an evaluation for Alaska, but still declares that our
                  boundaries are inadequate. We are presumed "guilty", based on no evidence, and
                  are left to prove ourselves "innocent." This is inexcusable.

                  OCRIVI knows full well the comprehensive nature of Alaska's coastal zone. In fact,
                  during the Reagan administration, the State had to argue vehemently with OCRM
                  to accept Alaska's broader definition of "coastal zone". I have enclosed a paper on
                  Alaska's coastal zone, for those in NOAA who are unfamiliar with the state's
                  boundary process.











      01-A35LH





                                                                                            71





            Additionally, our coastal zone contains 75% of the population of the state. The
            remaining 25% is located either in Fairbanks; about 400 miles from the nearest
            coastal watershed, or scattered along the upper reaches of the Yukon and
            Kuskokwim rivers, in small villages that follow subsistence lifestyles. It is difficult
            to imagine that this insignificant, widely dispersed population could have any
            impact on the coastal waters of the state.

            We have no further comment on Alaska's boundary recommendation, until NOAA
            explains the standards it used to decide that the state's existing coastal zone is
            inadequate.



            Draft Criteria


            NOAA has provided criteria that states may use to justify a ï¿½6217 management
            area. Unfortunately, in many instances, the criterion requires information that is
            simply not available for Alaska. As just one example, my staff called state and
            federal offices in Alaska and Seattle, to get the locations of head of tide on
            Alaska's 18 major rivers. No one knows where such information can be found, or
            even if it exists.


            We are concerned by the double standard inherent in this process. NOAA admits
            that there is no available information on which to base their recommendation, but
            nonetheless, requires Alaska to submit excruciatingly detailed information if it
            wants to refute the recommendation.


            The Coastal Nonpoint Pollution Control Program is still in its infancy. As to be
            expected with any new program, all parties must be willing to problem-solve to get
            the job done. We appreciate NOAA's flexibility, and willingness to help states. We
            look forward to receiving a clarification of the standards NOAA used in its
            evaluation of Alaska's coastal zone, and NOAA's response to the double standard
            issue.




                                            Yours truly,




                                            Paul C. Rusanowski, Ph.D
                                            Director, Division of Governmental Coordiantion



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