less to review the matter, and longer or additional extensions is at the discretion of the
Coast Guard.
b. Consistency Determination: If the Coast Guard has determined that a development
project or activity will have a reasonably foreseeable coastal effect, it shall provide a
consistency determination to the State agency indicating that the development project
or agency activity will be undertaken in a manner consistent to the maximum extent
practicable with the enforceable policies of the federally approved State coastal zone
management program. The consistency determination shall include a brief statement
indicating whether or not the proposed activity will be undertaken in a manner
consistent to the maximum extent practicable with the State management program, a
detailed description of the activity, its associated facilities, and their coastal effects,
and comprehensive data and information sufficient to support Coast Guard's
consistency statement. The consistency determination shall be provided to the State
agency at least 90 days before final approval of the project development or agency
activity unless an alternative notification has been agreed upon and provided that
public participation requirements are met. If a State agency does not respond to the
consistency determination within 60 days, State agency concurrence shall be
presumed. The State is entitled to one extension of 15 days or less to review the
matter, and longer or additional extensions is at the discretion of the Coast Guard.
See Enclosure (1), USCG Coastal Zone Management Act (CZMA) Consistency
Determination.
c. De minimis activities: The Coast Guard should review its agency activities, other
than development projects within the coastal zone, to identify de minimis activities,
and request State agency concurrence that these de minimis activities should not be
subject to further State agency review. De minimis activities are activities that are
expected to have insignificant direct or indirect (cumulative and secondary) coastal
effects and which the State agency concurs are de minimis. If the State agency objects
to the Coast Guard's de minimis finding, then the Coast Guard shall provide the State
agency with either a negative determination or a consistency determination. See
Enclosure (6) for a list of proposed Coast Guard de minimis activities.
d. General Consistency Determinations: In cases where the Coast Guard will be
performing repeated activity other than a development project (e.g., ongoing
maintenance, waste disposal) which cumulatively has an effect upon any coastal use
or resource, the Coast Guard shall develop a general consistency determination,
thereby avoiding the necessity of issuing separate consistency determination for each
incremental action controlled by the major activity. Coast Guard must thereafter
periodically consult with the State agency to discuss the manner in which incremental
actions are being undertaken.
e. Phased Consistency Determinations: In cases where the Coast Guard has sufficient
information to determine the consistency of a proposed development project or
activity from planning to completion, the Coast Guard shall provide the State agency
with one consistency determination for the entire activity or development project. In
cases where Coast Guard decision will be made in phases based upon developing
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