3010-FM-IWO0007 4/2014
    COMMONWEALTH OF PENNSYLVANIA
    Instructions
    DEPARTMENT OF ENVIRONMENTAL PROTECTION
    INTERSTATE WATERS OFFICE
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    Remove and recycle these instructions prior to sending the completed form to DEP.
    Instructions for the Coastal Zone Management Act
    Federal Consistency Form
    BACKGROUND
    Introduction
    This form is intended to provide a standard format for the submission of a federal consistency determination,
    certification or negative determination under the federal Coastal Zone Management Act of 1972
    (CZMA § 307 (16 U.S.C. § 1456)), as amended, and the National Oceanic and Atmospheric Administration’s (NOAA)
    Federal Consistency Regulations (15 C.F.R. Part 930). Federal agencies and applicants for federal consistency are
    not
    required to use this form. However, in whatever format submitted, the federal consistency determination or
    certification should include all of the information requested on this form, indicate that the application is seeking to
    demonstrate federal consistency under the CZMA, and identify the subpart (C, D, E, F, or I) of 15 C.F.R. Part 930
    that is applicable to the proposed project.
    Pursuant to the CZMA and NOAA’s Federal Consistency Regulations (15 C.F.R. Part 930), all of the below activities
    that have reasonably foreseeable coastal effects must be conducted in a manner consistent with the enforceable
    policies of Pennsylvania’s NOAA-approved Coastal Resources Management Program:
    Federal activities and development projects (15 C.F.R. Part 930, Subpart C)
    Non-federal activities authorized under a federal permit or license (15 C.F.R. Part 930, Subpart D) if listed in
    Pennsylvania’s Coastal Resources Management Program or, if not listed, upon Pennsylvania’s request to
    NOAA to review the activity as an unlisted activity on a case-by-case basis and NOAA approves
    Outer Continental Shelf (OCS) exploration and development plans (15 C.F.R. Part 930, Subpart E)
    Activities funded through federal financial assistance to state and local governments (15 C.F.R. Part 930,
    Subpart F)
    Any activities (under 15 C.F.R. Part 930, Subpart C, D, E, or F) that have reasonably foreseeable interstate
    coastal effects (15 C.F.R. Part 930, Subpart I)
    Federal agencies, their contractors, or applicants for federal permits or funding for activities that are required to be
    consistent with the Pennsylvania Coastal Resources Management Program’s (CRM) enforceable policies should
    submit a complete federal consistency certification or determination to CRM in advance (see deadlines, Table 1) of
    the proposed activities. The consistency certification or determination should, at a minimum, contain the information
    described in NOAA’s regulations for each subpart under 15 C.F.R. Part 930:
    Federal agency activities, 15 C.F.R. Part 930, Subpart C, 15 C.F.R. § 930.39;
    Federal license or permit activities, 15 C.F.R. Part 930, Subpart D, 15 C.F.R. § 930.58;
    OCS Plans, 15 C.F.R. Part 930, Subpart E, 15 C.F.R. § 930.76; and
    Federal financial assistance to state and local government agencies, 15 C.F.R. Part 930, Subpart F,
    15 C.F.R. § 930.94.
    The federal agency, its contracted agent, or the applicant for a federal permit, license, or funding, as applicable, is
    responsible for performing the analysis and making the determination of whether or not a proposed activity is
    consistent with CRM’s enforceable policies and for providing the supporting documentation to CRM. CRM will then
    either concur with, or object to, the federal agency’s or applicant’s findings with specific references to the enforceable
    policies that are not met and what measures are necessary to ensure consistency. Federal activities with reasonably
    foreseeable coastal effects in Pennsylvania may not commence without CRM’s concurrence except as provided for
    in NOAA’s regulations for each subpart of 15 C.F.R. Part 930.

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    Instructions
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    Coastal Effects
    NOAA’s Federal Consistency Regulations (15 C.F.R. § 930.11(g)) define coastal effects as:
    The term “effect on any coastal resource” means any reasonably foreseeable effect on any coastal use or
    resource resulting from a Federal agency activity or federal license or permit activity (including all types of
    activities subject to the federal consistency requirement under subparts C, D, E, F, or I of this part.)
    Effects are not just environmental effects, but include effects on coastal uses. Effects include both direct
    effects which result from the activity and occur at the same time and place as the activity, and indirect
    (cumulative and secondary) effects which result from the activity and are later in time or farther removed
    in distance, but are still reasonably foreseeable. Indirect effects are effects resulting from the incremental
    impact of the federal action when added to other past, present and reasonably foreseeable actions,
    regardless of what person(s) undertake(s) such actions.
    CRM has developed a NOAA-approved list of Federal actions, permits, licenses, financial assistance programs and
    interstate activities that are expected to have reasonably foreseeable effects on Pennsylvania’s coastal uses and
    resources. The list is publicly available in Chapter 5 of CRM’s Technical Guidance Document (Doc. #394-0300-001)
    and can be downloaded from DEP’s eLibrary:
    http://www.elibrary.dep.state.pa.us/dsweb/HomePage
    .
    >> Technical Guidance Final Documents >> Water Planning Office (394-) >> Commonwealth of
    Pennsylvania Coastal Resources Management Program.pdf
    Proposed federal non-development activities under 15 C.F.R. Part 930, Subpart C that will occur within or outside of
    Pennsylvania’s coastal zones are subject to a consistency review only if the federal agency determines that the
    activity will have reasonably foreseeable coastal effects, whether or not the activity is listed. The listed activities are
    recommendations for state-federal coordination.
    All proposed federal development activities under 15 C.F.R. Part 930, Subpart C that will occur within Pennsylvania’s
    coastal zones are automatically deemed to have reasonably foreseeable coastal effects in Pennsylvania, and the
    submission of a consistency determination or negative determination is required. If the federal agency determines
    that the activity will have no coastal effects, a negative determination is required.
    Proposed federal development projects under 15 C.F.R. Part 930, Subpart C that will occur outside the coastal zones
    are subject to a consistency review only if the federal agency determines that the activity will have reasonably
    foreseeable coastal effects, whether or not the activity is listed. The listed activities are recommendations for
    state-federal coordination.
    Proposed federally-permitted or licensed activities under 15 C.F.R. Part 930, Subparts D or F that are listed and will
    occur within Pennsylvania’s coastal zones are automatically deemed to have reasonably foreseeable coastal effects
    in Pennsylvania, and the submission of a consistency certification is required.
    Proposed federally-permitted or licensed activities under 15 C.F.R. Part 930, Subpart D that are listed and will occur
    outside of Pennsylvania’s coastal zones are subject to a consistency review only if the CRM notifies the applicant,
    the Federal agency, and NOAA that it intends to review the activity. CRM must make this notification within 30 days
    of receiving notification of the proposed activity.
    Proposed federally-permitted or licensed activities under 15 C.F.R. Part 930, Subpart D that are not listed are subject
    to a consistency review only if the CRM notifies the applicant, the Federal agency, and NOAA that it intends to review
    the activity, regardless of whether the activity is located within or outside of Pennsylvania’s coastal zones. CRM must
    make this notification within 30 days of receiving notification of the proposed activity.
    Proposed federal financial assistance activities under 15 C.F.R. Part 930, Subpart F that are not listed or are listed
    but will occur outside of Pennsylvania’s coastal zones are not subject to a consistency review unless CRM notifies
    the federal agency and the funding applicant that it intends to review the activity.
    Proposed activities with interstate coastal effects under 15 C.F.R. Part 930, Subpart I that are listed are automatically
    deemed to have reasonably foreseeable interstate coastal effects in Pennsylvania only if they will occur along Ohio’s
    Lake Erie Shoreline from the PA/OH border, 3 miles westward to the aqueduct at the northern terminus of Lake Erie

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    Street in Conneaut, OH, between the Ordinary High Water Mark of 572.8 feet (IGLD 1955) lakeward to the
    international border. These activities require the submission of a consistency certification or determination to CRM.
    CRM does not list outer continental shelf activities under 15 C.F.R. Part 930, Subpart E. Activities under this subpart
    are not automatically subject to a consistency review in Pennsylvania. CRM may request approval from NOAA to
    review Subpart E activities on a case-by-case basis.
    Enforceable Policies
    CRM’s enforceable policies are described in Chapter 2 of the CRM’s
    Technical Guidance Document
    (Doc. #394-0300-001, see above for downloading instructions). The enforceable policies fall under eleven categories:
    1. Coastal Hazard Areas/Bluff Setback and Erosion Control
    2. Dredging and Spoil Disposal
    3. Fisheries Management
    4. Wetlands
    5. Public Access for Recreation
    6. Historical Sites and Structures
    7. Port Activities
    8. Energy Facility Siting
    9. Intergovernmental Coordination
    10. Public Involvement
    11. Ocean (Great Lakes Resources)
    For each category, the guidance document provides general policy statements and statutory references for the
    enforcement of those policies. Federal agencies, their contracted agents, and applicants for applicable federal
    permits or funding should evaluate how their proposed activities relate to each of these policies and describe the
    measures proposed or taken to ensure consistency. This policy analysis should be included with the submission of
    the federal consistency determination or certification to CRM; otherwise the CZMA review period would not
    commence.
    Negative Determination
    Occasionally, a federal agency will determine that a federal agency activity under 15 C.F.R. Part 930, Subpart C,
    whether within or outside the coastal zone, will have no effects on Pennsylvania’s coastal uses or resources. In such
    circumstances, the federal agency or its contracted agent may be required to submit a negative determination
    pursuant to 15 C.F.R. § 930.35. This form can be used to submit a negative determination to CRM.
    Submission and CRM Response Deadlines
    Pursuant to 15 C.F.R. Part 930, the Pennsylvania Coastal Resources Management Program must provide its
    concurrence with or objection to a consistency determination or certification in accordance with the deadlines listed
    below. Concurrence will be presumed if the state’s response or extension request is not received within the allowable
    timeframe. All deadlines are from the date of CRM-receipt of a consistency determination or certification.

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    Table 1: Federal Consistency Review Timeline:
    Federal Activity
    Deadline for Submission to CRM
    Deadline for CRM Concurrence/Objection
    Federal Activity or Development
    Project
    (15 C.F.R. Part 930, Subpart C)
    At least 90 days before the beginning of
    the activity
    60 days, 75 days with extension.
    Additional extensions at Federal agency
    discretion. State and federal agency may
    agree to alternative time frames.
    (15 C.F.R. § 930.41)
    Federal License or Permit
    (15 C.F.R. Part 930, Subpart D)
    Within the application for the federal
    license or permit, copies provided to
    CRM
    6 months with mandatory 3-month
    notification. State and applicant may agree
    to stay the 6-month review period.
    (15 C.F.R. § 930.63)
    Outer Continental Shelf Activity
    (15 C.F.R. Part 930, Subpart E)
    Within the application to DOI MMS*,
    copies provided to CRM
    6 months with mandatory 3-month
    notification. State and applicant may agree
    to stay the 6-month review period.
    (15 C.F.R. § 930.78)
    Federal Financial Assistance to State
    or Local Governments (15 C.F.R. Part
    930, Subpart F)
    Within the application for federal
    financial assistance, copies provided to
    CRM
    30 days from CRM-receipt of this
    determination.
    (15 C.F.R. § 930.98)
    *U.S. Department of the Interior, Minerals Management Service
    Mediation
    If CRM objects to a federal agency’s consistency determination, the state and federal agency may agree to non-
    binding mediation by either the Secretary of the Department of Commerce or NOAA’s Office of Ocean and Coastal
    Resources Management (OCRM). Secretarial mediation is a formal process that includes a public hearing, written
    briefs, and meetings between the parties. OCRM mediation is less formal and historically has been successful at
    resolving conflict.
    Appeal to Secretary of Commerce
    If CRM objects to an applicant’s consistency certification under 15 C.F.R. Part 930, Subparts D, E or F, the applicant
    may appeal the state’s objection to the Secretary of Commerce. Appeal procedures can be found at 15 C.F.R.
    Part 930, Subpart H. The appeals process is not available to federal agencies.
    FEDERAL CONSISTENCY DETERMINATION FORM (3010-FM-IWO0007) – ITEM-BY-ITEM INSTRUCTIONS
    Section I: Project/Activity Title and Reference Number
    Provide a name or title for the proposed project or activity. A reference number is optional, but if available
    should be provided. A reference number can be a permit ID, public announcement number, funding application
    number, or any other unique identifier.
    Section II: Applicant Contact Information
    Provide contact details for the project manager or other organizational representative. If the form is being
    prepared and submitted by a Federal agency’s contractor, provide both the agency name and name of the
    contracted company or business. If the applicant is providing a consistency certification under a federal permit,
    license, or funding program, provide both the name of the applicant and the applicable federal agency.
    Section III: Federal Consistency Category
    Federal consistency provisions and deadlines are dependent upon the type of activity being proposed. The
    applicant should identify under which provision of NOAA’s federal consistency regulations the activity being
    proposed is included. If the consistency determination is being submitted for an activity with interstate coastal
    effects (15 C.F.R. Part 930, Subpart I), the applicant should also identify under which other category the
    proposed activity is included.

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    Section IV: Detailed Project Description
    Provide a detailed description of the proposed activity, including the precise location/activity boundaries. Attach
    additional sheets if necessary. For consistency certifications being submitted for federal licenses, permits, or
    funding, the inclusion of the associated permit, license, or funding application may be sufficient for
    CRM-review. Attach additional sheets as necessary.
    Section V: General Analysis of Coastal Effects
    Federal agencies, their contracted agents, or applicants for federal licenses, permits, or funding, should
    describe, pursuant to NOAA’s regulations, the reasonably foreseeable effects on Pennsylvania’s coastal
    resources and uses with sufficient detail to allow for adequate CRM review of the consistency certification or
    determination. Coastal effects include cumulative and secondary indirect effects that may be displaced in time
    or distance from the occurrence of the proposed activity. Attach additional sheets as necessary.
    Section VI: Detailed Analysis of Consistency with CRM Enforceable Policies
    In addition to listing and describing the reasonably foreseeable coastal effects, entities submitting a federal
    consistency certification or determination should describe, pursuant to NOAA’s regulations, the measures that
    have been taken or that they plan to take to ensure that the proposed activity will be conducted in a manner
    consistent with each of CRM’s enforceable policies. It is likely that one or more CRM policies will not apply to
    the proposed activity. For example, Policy 4 (Wetlands) would not apply to a proposed development project
    that does not impact any existing or historical wetlands. For policies that do not apply to a proposed activity,
    check the “NA” box. Attach additional sheets as necessary.
    Section VI: Certification and Signature
    The form or other submitted format should be signed and dated. Electronic signatures and submissions are
    acceptable.
    SUBMISSION OF THE FEDERAL CONSISTENCY FORM
    Electronic Submission
    Electronic submissions can be e-mailed to:
    RA-Fed_Consistency@pa.gov
    U.S. Mail:
    Pennsylvania Department of Environmental Protection
    ATTN: Federal Consistency Coordinator
    Interstate Waters Office
    P.O. Box 8465
    400 Market Street, 11th Floor
    Harrisburg, PA 17105-8465

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