Current through Register Vol. 28, No. 3, September 1, 2024
Interstate consistency review is the process by which an
activity occurring wholly in one state but with the potential to affect the
coastal resources of another state, can be reviewed by the affected state for
consistency with its federally approved coastal management program. Federal
consistency regulations, 15 CFR Part 930, subpart I, outline this review
process.
4.1 Notification and Review
Process
Federal agencies, applicants or applicant agencies proposing
activities listed in subsection 4.4 within the specified boundaries must notify
the DCMP of the proposed activity. Notification shall comply with
15 CFR §
930.57 and §
930.58 as described in subsections
3.2.1 and 3.2.2 of this document. The DCMP has 30 days from receipt of the
applicant's consistency certification and necessary data and information to
notify the applicant if the action will be reviewed for consistency with
Delaware's coastal management policies, as described in subsection 3.2.3 of
this document.
4.2
Concurrence with an Interstate Consistency Certification
At the earliest practicable time, the DCMP shall notify the
applicant and federal and/or state permitting agency whether it concurs or
objects to the consistency certification. Concurrence shall be in writing. If
the DCMP does not respond within six months from the commencement of review,
concurrence shall be conclusively presumed. If a consistency determination has
not been issued within 3 months following the commencement of review, the DCMP
shall notify both the federal permitting agency and the applicant of the status
of the matter and the basis for further delay.
4.3 Objection to an Interstate Consistency
Certification
4.3.1 The intent of Interstate
consistency review is to foster early coordination between states and federal
agencies and to establish a consistent review process. Through this process,
the DCMP seeks formal notification of listed activities within the specified
boundaries; to be provided the opportunity to review such projects; and to have
any issues or concerns addressed through the consultation process.
4.3.2 In the event the DCMP objects to the
consistency certification, it will accompany its objection with reasons and
supporting information concerning each activity which the DCMP finds to be
inconsistent with the management program. The objection will include a
statement informing the applicant of the right of appeal to the Secretary of
Commerce. Following receipt of a State agency objection, federal agencies may
not issue any of the licenses or permits associated with the proposed
activity.
4.4
Applicability
4.4.1 Activities Subject to
Interstate Consistency Review:
4.4.1.1 The
DCMP has identified three categories of federal activities that warrant
consideration through the provisions of interstate consistency: Dredging and
Dredged Material Disposal, Offshore Alternative Energy Development, and
Introduction of Non-native Shellfish. The following table provides more detail
and identifies the locations of the activities subject to review:
4.4.1.1.1 Dredging and Dredged Material
Disposal
4.4.1.1.1.1 Dredging, filling,
mining, and excavation of 50,000 or more cubic yards, excluding beach
nourishment projects
4.4.1.1.1.1.1 Applies to
activities in New Jersey occurring below the high tide line of the Delaware
River from the Commodore Barry Bridge south to the Delaware State line; and/or
below the high tide line of the Delaware River and Bay from Artificial Island
to Cape May
4.4.1.1.1.1.2 Applies
to activities in Pennsylvania occurring below the high tide line of the
Delaware River from the Commodore Barry Bridge south to Delaware State
line.
4.4.1.1.1.2
Subsurface discharge of dredged and fill materials, relocation or
redistribution of sediments of 50,000 or more cubic yards, excluding beach
nourishment projects
4.4.1.1.1.2.1 Applies to
activities in New Jersey below the high tide line of the Delaware River from
the Commodore Barry Bridge south to the Delaware State line; below the high
tide line of the Delaware River and Bay from Artificial Island to Cape May, NJ;
and/or confined upland disposal facilities with the capacity to handle at least
50,000 cubic yards of dredged material that discharge directly into Delaware
River or Bay.
4.4.1.1.1.2.2 Applies
to activities in Pennsylvania occurring below the high tide line of the
Delaware River from the Commodore Barry Bridge south to Delaware State line;
and/or confined upland disposal facilities with the capacity to handle at least
50,000 cubic yards of dredged material that discharge directly into Delaware
River.
4.4.2 Offshore Alternative Energy Development
4.4.2.1 Alternative Energy Development (i.e.
siting, placement, construction and/ or decommissioning of wind, wave, and
tidal energy capture technologies, excluding metrological towers and buoys)
4.4.2.1.1 Applies to activities in New Jersey
occurring within the Delaware River and Bay from Artificial Island to Cape May
and State ocean waters from 0-3nmi, extending from Hereford Inlet south to the
tip of Cape May.
4.4.2.1.2 Applies
to activities in Maryland occurring within State ocean waters from 0-3
nmi.
4.4.3
Introduction of Non-native Shellfish
4.4.3.1
Introduction of Non-native Shellfish involving placement of new substrate or
manipulating existing substrate
4.4.3.1.1
Applies to activities in New Jersey occurring within Delaware River and Bay
from Artificial Island to Cape May
4.5.3.1.2 Applies to activities in Maryland
occurring within the Chesapeake Bay
4.5.3.1.3 Applies to activities in Virginia
occurring within the Chesapeake Bay
