A District Coordinator’s Role in the ACMP

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Presentation transcript:

A District Coordinator’s Role in the ACMP Managing Your CMP

ACMP? CMP? What are these? Please review the ACMP 101 Presentation!

Required Tasks of a District Coordinator Participate in state coordinated consistency reviews Coordinate local consistency reviews Education and outreach Administer grants Attend teleconferences, annual conferences and workshops Review your district’s approved CMP! Review the State Standards!

The Consistency Review Process The ACMP uses the project consistency review process to manage on-the-ground use and development of coastal resources. The review process results in a determination about whether a project is consistent with the ACMP and whether modifications to the project are necessary. A concurrence is necessary for state and federal agencies to issue permits.

Participants in the ACMP Consistency Review Process DCOM Project Applicant State Agencies District Federal Agencies Participants in the ACMP Consistency Review Process

Roles & Authorities DCOM 11 AAC 110.030 Coordinates consistency reviews Maintains and updates the coastal project questionnaire (CPQ) Acts as a facilitator to resolve conflicts for single agency reviews (when requested) DCOM 11 AAC 110.030

Roles & Authorities State Agencies 11 AAC 110.050 Coordinates a consistency review for projects that require authorizations only from that agency Participates in DCOM-coordinated ACMP reviews State Agencies 11 AAC 110.050

Roles & Authorities State Agencies (b) 11 AAC 110.050 State Resource agencies shall issue authorizations in conformity with the district enforceable policies of the approved coastal management plans and the statewide standards State Agencies (b) 11 AAC 110.050

Roles & Authorities State Agencies (d) 11 AAC 110.050 Resource agencies must wait for the coordinating agency to issue the final determination before issuing a permit State Agencies (d) 11 AAC 110.050

Roles & Authorities State Agencies (i) 11 AAC 110.050 -Resource agencies may deny an authorization under their own authorities even if a project is found consistent with the ACMP. (i) 11 AAC 110.050

Roles & Authorities CoastalDistrict 11 AAC 110.060 may participate in the consistency review process, is considered an affected coastal district under certain circumstances, and has expertise in the interpretation of its program. CoastalDistrict 11 AAC 110.060

Roles & Authorities CoastalDistrict Affected District Status A district may participate in a consistency review as an affected coastal district if: The project is located in the coastal district, or The project is located outside of the district, but it has a direct and significant impact on a coastal resource or use within the coastal zone and within the coastal resource district boundaries CoastalDistrict Affected District Status

Direct and Significant Impact 11 AAC 114.990(13) “direct and significant impact" means an effect of a use, or an activity associated with the use, that will proximately contribute to a material change or alteration of the coastal waters, and in which… (A) the use, or activity associated with the use, would have a net adverse effect on the quality of the resources; (B) the use, or activity associated with the use, would limit the range of alternative uses of the resources; or (C) the use would, of itself, constitute a tolerable change or alteration of the resources but which, cumulatively, would have an adverse effect” It is the responsibility of the district to demonstrate that the project will have a direct and significant impact. The district provides the support and rationale for their case, and it is up to the review coordinator to make the judgement call as to whether or not there is a direct and significant impact.

Coastal District Roles & Authorities If potentially affected, a coastal district may: participate in pre-application meetings, participate in determination of scope, submit written comments, and If affected, a coastal district may: request more information, before RFAI deadline, request an elevation. Coastal District

When to do what DCOM sends CPQ CPQ & Applications received Heads-Up email Local planning concerns, other permits, known controversies, GCDs CPQ & Applications received (DCOM, USACE, State agency)

Subject: New CPQ: Taiya Inlet (City of Skagway Intermodal Barge Ramp & Dock Expansion) - ID2009-0919J Date: Friday, September 25, 2009 1:16:00 PM Attachments: 09.16.09_CPQ&Eval_CityOfSkagway.pdf 09.16.09_Drawings.pdf 09.16.09_FHP_App.pdf The Division of Coastal and Ocean Management (DCOM) received a Coastal Project Questionnaire (and supporting documents) for the following project: Applicant: City of Skagway Agent: Laura Gurley, PND Engineers Project Description: The applicant is proposing to expand the shipping capacity, modernize and make environmental improvement to the existing Ore Terminal Facility (please see attached documents for brief project description). Location: Section 14, Township 28 S., Range 59 E., CRM; in Skagway, Alaska ACMP Project Number: ID2009-0919J CPQ and supporting documents are attached. Please reply to this email if you have an interest in this project, or if it requires (your permit or other authorization).If a permit or authorization is required, what type is it and have you received an application for it? This email constitutes the DCOM’s consultation with your agency/coastal district regarding the scope of review (per 11 AAC 110.020 (d)) unless your response received by 10/2/09 requests further consultation. This project may already be consistent with the ACMP under a General Consistency Determination (GCD), Categorically Consistent Determination (CCD) or General Permit (GP). If you think it is, please indicate which one. Per 11 AAC 110.700 (b) & (c), the DCOM will decide (in consultation) whether to apply a GCD. If the DCOM doesn't hear from you by 5:00 PM 10/2/2009, we will assume you don't have a permit in play. If you advise us after that date that a permit is required, you may be responsible for conducting an ACMP Single-Agency Review for the activity. If you have any questions, please contact me. Thank you for your time and cooperation with the ACMP. Claire Batac

When to do what DCOM sends CPQ CPQ & Applications received Heads-Up email Local planning concerns, other permits, known controversies, GCDs CPQ & Applications received (DCOM, USACE, State agency) DCOM requests additional info from applicant DCOM begins review with Startup Packet

Subject: Icy Strait (Alaska Marine Lines Mooring Buoy) AK 0911-01J, POA-2009-1049: ACMP Consistency Review Startup Packet Date: Friday, November 06, 2009 10:37:00 AM Attachments: 11.06.09_091101jstartup.pdf Hello All, Please find attached an electronic copy of the ACMP consistency review Startup Packet the project identified as “Icy Strait (Alaska Marine Lines Mooring Buoy)” AK 0911-01J: AML – Applicant, Mr. Don Reid – Agent. If you have questions concerning this packet in particular or the ACMP consistency review process in general, please contact me. Thanks, Carrie Bohan Project Review Supervisor Division of Coastal and Ocean Management Alaska Coastal Management Program Phone: (907) 465-8794 Fax: (907) 465-3075 carrie.bohan@alaska.gov www.alaskacoast.state.ak.us

When to do what DCOM sends CPQ CPQ & Applications received Heads-Up email Local planning concerns, other permits, known controversies, GCDs CPQ & Applications received (DCOM, USACE, State agency) DCOM requests additional info from applicant DCOM begins review ACMP consistency determination made Review participants submit RFAIS and/or comments

How do I write effective comments? Be as brief as possible but be specific Take the time to understand the project Describe your concerns with the project Understand the standards or district enforceable policy you are citing for inconsistency

How your comments may be used: Try to submit comments that not only cite a standard (or district enforceable policy), but will be useful to the PR staff to bring a project into compliance. You must cite a standard or EP if finding inconsistent. “I object the applicant’s certification statement. This project is inconsistent with 11 AAC 112.220. Coastal Access because it will inhibit access to the municipal picnic beach situated on the uplands. This project would be consistent with the Coastal Access standard if the Harbor Department moved the proposed floating breakwater at least 100’ further out from shore to allow for small vessel access to the beach during all possible tidal stages.”

Statewide Standards and district CMPs define the 112 114 ACMP 110 Statewide Standards and district CMPs define the ACMP… …Project Consistency Reviews Implement the ACMP.

Questions and Discussion

Education and Outreach The District Coordinator is the ACMP point of contact for their district Promotes responsible coastal management at the local level

Education and Outreach

Local Consistency Reviews Coordination of Local Consistency Reviews AS Sec. 46.40.100(a) 11 AAC 114.280(2) The Coastal Coordinator manages the local consistency review of a project that requires local authorization, but is not a federal activity and does not need state resource agency or federal authorization.

Grant Administration The Division of Community and Regional Affairs manages the ACMP grants to coastal districts. Your DCRA planner can: Help you with your grant application Discuss special project ideas with you Help you manage your coastal program/grant(s) Help you meet fiscal and performance reporting requirements Assist you in developing municipal tools under Title 29 of the Alaska Statutes to implement your district plan

Grant Administration CZMA sections 306 and 309 comprise the two primary sources for funding the ACMP. 306 (the “Required Tasks” grant) provides funds to districts to implement the ACMP on a daily basis. This includes district travel to coastal management conferences and workshops. 309 provides funds through a competitive grant process for special projects that result in a change to a district’s coastal management program, and that meet the needs and objectives identified in the state’s Enhancement Grants Program Strategy.

Grant Administration Coastal districts under grant agreement with the State of Alaska must complete regular grant reports. All required reports are identified in the Scope of Work and Schedule sections of your grant agreement. In most cases, the required reports include: quarterly progress and financial reports annual reports, and five-year program evaluations.

Grant Administration The quarterly progress reports allow districts to summarize activities, keeping DCRA and DCOM informed about local issues. The progress report should identify: Work accomplished under each of the work tasks; Number of local permits reviewed for consistency with the district program; Number of state and federal project reviews completed, including comments provided and related concerns; Coordination and assistance provided to other members of the network;

Grant Administration The quarterly progress reports allow districts to summarize activities, keeping DCRA and DCOM informed about local issues. The progress report should identify: Program-related travel and participation in program-related meetings; Program coordination, assistance, and outreach activities; Problems encountered in meeting the terms of the grant agreement; Problems with your district’s coastal management program; Amendments needed to your district’s grant agreement.

Grant Administration The financial portion of the reporting form is important. Districts use the form to request reimbursement of funds expended during the previous quarter. Report your expenditures, by budget line item, for the quarter you are reporting on: 1st Quarter: July 1 - September 30 2nd Quarter: October 1 - December 31 3rd Quarter: January 1 - March 31 4th Quarter: April 1 - June 30

Questions & Discussion