Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-1 - GENERAL PROVISIONS AND REVIEW PROCESS › Section 335-8-1-.09 - Review Process For Federally Regulated Activities

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Pursuant to 15 CFR Part 930, Subpart D,
				uses which are federally licensed or permitted activities affecting the coastal
				area are required to be conducted in a manner consistent with the management
				program. The Department shall review and respond to a federal license or permit
				applicant's consistency certification in accordance with the provisions of 15
				CFR Part 930, Subpart D.
(a) The federal
				license and permit activities which are subject to review, listed pursuant to
				15 CFR Part 930, Subpart D., are:
Agency
Licenses and Permits
Citation
Department of Defense
Permits required under Section 10 and 11 of the
								River and Harbor Act of 1899.
33 U.S.C. §§
																	403 and
								404
Permits required under Section 103 of the Marine
								Protection, Research and Sanctuaries Act of 1972.
33 U.S.C. §
																	1413
Permits required under Section 404 of the Federal
								Water Pollution Control Act of 1972, as amended.
33 U.S.C. §
																	1344
Environmental
Protection
Agency
Permits and licenses required under Sections 401,
								402, 403, 404 and 405 of the Federal Water Pollution Control Act of 1972, as
								amended.
33 U.S.C. §§
																	1341 -
								1345
Permits and applications for redesignation of land
								areas under regulation for the prevention of significant deterioration of air
								quality.
42 U.S.C. §§
																	7474 and
								7475
Permits required under the Marine Protection,
								Research and Sanctuaries Act of 1972.
All other permits for water pollution
								control.
All other permits for air pollution control.
All permits for solid waste control.
33 U.S.C.
								1412
Department of Transportation
Permits for construction and modification of
								bridges and causeways in navigable waters.
Permits for transporting hazardous substances and
								materials.
33 U.S.C. §
																	401
Licenses for deep-water ports.
15 C.F.R. §§158 et seq.
Nuclear
Regulatory
Commission
Permits and licenses required for siting and
								construction of nuclear power plants.
Federal Energy
Regulatory
Commission
Licenses required for non-federal hydroelectric
								projects and associated transmission lines under Sections 4(e) and 15 of the
								Federal Power Act.
16 U.S.C.
§§797(e) and 808
Orders for interconnection of electric transmission
								facilities under Section 202(b) of the Federal Power Act.
16
								U.S.C. 824a(b)
Certificates required for the construction and
								operation of natural gas pipeline facilities, defined to include both
								interstate pipeline and terminal facilities under Section 7(c) of the Natural
								Gas Act.
15 U.S.C. §
																	717f(c)
Permission and approval required for the
								abandonment of natural gas pipeline facilities under Section 7(b) of the
								Natural Gas Act.
15 U.S.C. §
																	717f(b)
Department of the Interior
Permits and licenses required for all offshore
								activities related to mining and oil and gas operations.
33 U.S.C. §§181 et seq.
Permits for the taking of an endangered
								species
Endangered Species Act
16 U.S.C. §§
																	1531 -
								1543
Permits and licenses required for geothermal
								operations.
Geothermal Steam Act of 1970.
Department of Agriculture
Permits for water easements and timbering
								activities on National U.S. Forest Service land.
43
								U.S.C. 1716.
Permits and licenses for use and occupancy of lands
								for hotels, resorts, summer homes, stores and facilities for industrial,
								commercial, educational or public use.
16
								U.S.C. 497
Department of Energy
Permits for the construction operation, siting of
								energy facilities.
Department of Commerce
Permits for research involving taking endangered
								species or marine mammals or for taking of marine mammals for public dsplay or
								incidental to commercial fishing.
Endangered Species Act of 1973;
								16 U.S.C. §§
																	1531 -
								1543 Marine Mammal Protection Act;
								16 U.S.C. §§
																	1361 -
								1407.
(b)
				In addition to the data and information required to be furnished to the
				Department with the consistency certification pursuant to
				15 C.F.R. §
											930.58, the following data and information
				must be provided:
1. An informational copy of
				the application for the license or permit;
2. A copy of the federal agency's written
				determination that the license or permit application is complete;
3. A copy of the federal agency's draft or
				proposed license or permit if a draft or proposed license or permit is required
				to be prepared by federal law or regulations;
4. A copy of any transcript of any public
				hearing conducted by the federal agency concerning the federal license or
				permit application and all written comments received by the federal agency
				during any comment period; and,
5.
				A copy of any draft Environmental Assessment or draft Environmental Impact
				Statement required under the National Environmental Policy Act §§102,
				42 U.S.C. §§
												4332 or implementing federal
				regulations.