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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 16COASTAL COORDINATION ADVISORY COMMITTEE
CHAPTER 506COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES
RULE §506.30Consistency Certifications for Federal Agency Actions

(a) Upon filing an application for a federal agency action listed under §506.12 of this title (relating to Federal Actions Subject to the Coastal Management Program), the applicant shall provide to the council secretary a consistency certification that reads as follows: The proposed activity complies with Texas' approved coastal management program and will be conducted in a manner consistent with such program.

(b) The applicant shall include with the consistency certification all of the following information:

  (1) a detailed description of the proposed activity and its associated facilities which is adequate to permit an assessment of their probable effects on CNRAs. Maps, diagrams, technical data, and other relevant material must be submitted when a written description will not adequately describe the proposed activity. The applicant may submit the federal application and all supporting material provided to the federal agency to meet the requirements of this paragraph, if the application and supporting material contain the required material;

  (2) a list identifying all federal, state, and local permits or authorizations subject to the CMP and required for the proposed activity and its associated facilities;

  (3) a brief assessment relating to the relevant elements of the CMP and the probable effects of the proposed activity and its associated facilities on CNRAs; and

  (4) a brief set of findings, derived from the assessment, indicating that the proposed activity, its associated facilities, and their effects are all consistent with the CMP goals and policies.

(c) Applicants shall, to the extent practicable, consolidate related federal agency actions identified in §506.12 of this title (relating to Federal Actions Subject to the Coastal Management Program) to assist the council in minimizing duplication of effort and unnecessary delays by reviewing all federal agency actions relating to a project at the same time.

(d) The chair or any three members of the council may request the applicant to submit additional information as provided by federal regulations. If the chair or three members of the council have not notified the applicant within 15 days that additional information is required, the certification shall be considered complete for purposes of activating the time periods within which the council must act on the certification.


Source Note: The provisions of this §506.30 adopted to be effective June 15, 1995, 19 TexReg 7695; amended to be effective November 3, 1995, 20 TexReg 8676.

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