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(a) If an activity that is part of a project is authorized by a general or nationwide permit that was previously evaluated and found consistent with the enforceable policies of the program by the appropriate coordinating agency, the scope of the project subject to review shall exclude the activity authorized by the general or nationwide permit in accordance with AS 46.40.096 (m).
(b) If all activities of a project are subject to a general or nationwide permit, a categorically consistent determination, or a generally consistent determination under 11 AAC 110.700 - 11 AAC 110.780, the project is not subject to additional consistency review.
(c) If a project includes an activity that is subject to a categorically consistent determination or generally consistent determination under 11 AAC 110.700 - 11 AAC 110.780, the coordinating agency, with the concurrence of the resource agencies and affected coastal resource district, may exclude the activity from the scope of the project subject to a consistency review if the impact of the activity, when in compliance with the categorically consistent determination or generally consistent determination, has a temporary and de minimis impact to coastal uses and resources. An activity excluded from a consistency review under this subsection may be authorized by an authorizing resource agency in accordance with a categorically consistent determination rendered under 11 AAC 110.710 or subject to the standard alternative measures in a generally consistent determination rendered under 11 AAC 110.730, as applicable.
(d) If an activity that is part of a project is subject to a categorically consistent determination or generally consistent determination under 11 AAC 110.700 - 11 AAC 110.780, and the project includes an activity that requires an individual consistency review, all activities shall be included in the scope of a project subject to review except as permitted under (c) of this section.
History: Eff. 7/1/2004, Register 170
Authority: AS 46.39.010
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Last modified 7/05/2006