ACMP Review Project Review Training Session April 24-26, 2007 Anchorage

ACMP Mission Statement The Alaska Coastal Management Program provides stewardship for Alaskas rich and diverse coastal resources to ensure a healthy and vibrant Alaskan coast that efficiently sustains long-term economic and environmental productivity.

Project Consistency Reviews Implement the ACMP The ACMP uses the project consistency review process to manage on-the-ground use and development of coastal resources. The review process results in a determination about whether a project is consistent with the ACMP and whether modifications to the project are necessary. A concurrence is necessary for state and federal agencies to issue permits.

ACMP Resources Statutes and Regulations: AS 46.40; 11 AAC 110 (Project Review), 112 (Statewide Standards) and 114 (District Plan Regulations) Classification of State Agency Approvals, known as the ABC List Coastal District Plans – containing enforceable policies Coastal Zone Boundaries of Alaska Coastal Project Questionnaire ACMP Website:

Roles & Authorities Roles & Authorities for the ACMP Consistency Review Process

Coordinates consistency reviews Maintains and updates the coastal project questionnaire (CPQ) Acts as a facilitator to resolve conflicts for single agency reviews (when requested) OPMP: Roles & Authorities OPMP: 11 AAC

Nothing in 11 AAC 110 diminishes a state agencys authority A state resource agency : –coordinates a consistency review for projects that require authorizations only from that agency –participates in OPMP- coordinated ACMP reviews (Articles 2, 3, and 4) State Agencies: Roles & Authorities State Agencies: 11 AAC

State Resource agencies shall issue authorizations in conformity with the district enforceable policies of the approved coastal management plans and the statewide standards 11 AAC (b) State Agencies: Roles & Authorities State Agencies: 11 AAC

Are directed to send CPQ to OPMP if they determine a federal authorization and/or permits from more than their agency are needed. Applicant should also be directed to contact OPMP. 11 AAC Resource agencies must wait for the coordinating agency to issue the final determination before issuing a permit 11 AAC (d) State Agencies: Roles & Authorities State Agencies: 11 AAC

Resource agency permits must be issued within five days of receipt of the final determination unless additional time is necessary to fulfill a statute or regulation 11 AAC (f) Resource agencies may deny an authorization under their own authorities even if a project is found consistent with the ACMP. 11 AAC (i)

A coastal resource district: may participate in the consistency review process, is considered an affected coastal district under certain circumstances, and has expertise in the interpretation of its program. Coastal Districts: Roles & Authorities Coastal Districts: 11 AAC

A district may participate in a consistency review as an affected coastal district if: –The project is located in the coastal district, or –The project is located outside of the district, but it has a direct and significant impact on a coastal resource or use within the coastal zone and within the coastal resource district boundaries Coastal Districts: Affected District Status Roles & Authorities Coastal Districts: Affected District Status

direct and significant impact" means an effect of a use, or an activity associated with the use, that will proximately contribute to a material change or alteration of the coastal waters, and in which (A) the use, or activity associated with the use, would have a net adverse effect on the quality of the resources; (B) the use, or activity associated with the use, would limit the range of alternative uses of the resources; or (C) the use would, of itself, constitute a tolerable change or alteration of the resources but which, cumulatively, would have an adverse effect Direct and Significant Impact 11 AAC (13)

If potentially affected, a coastal district may: participate in pre-application meetings, participate in determination of scope, submit written comments, and If affected, a coastal district may: request more information, before RFAI deadline, request an elevation. Coastal Districts: Roles & Authorities Coastal Districts:

Applicability of the ACMP Consistency Review Process 11 AAC

Consistency Review Process: Where are we? Packet Complete Pre-Review Assistance Resolve Issues Day 24/44 Proposed Determination Day 29/49 Deadline to Elevate Day 30/50 Final Determination Determine Applicability Applicant Considers Options Determine Scope Day 1 Start Review Distribute & Consider Comments Draft a Proposed Determination Prepare Public Notice Day 13/25 Request for Additional Information Day 17/30 Deadline for Comments

If a project activity: –requires only state resource agency authorization(s) under the C List referred to at 11 AAC –is a federal activity or –requires federal authorizations identified under 11 AAC The C List is all-inclusive. If the permit is not on the C List, it doesnt trigger a consistency review. What triggers a review? Applicability – Basic Question 1 What triggers a review?

Project Location: within the coastal zone, or outside the coastal zone and is: – Federal activity with reasonably foreseeable coastal effects (15 CFR (a)); or – Project requiring a federal authorization that has reasonably foreseeable coastal effects [15 CFR (a)(2)] – If a project located outside the coastal zone only needs state authorizations, an ACMP review is not conducted. coastal zone – The coastal waters and adjacent shorelands within the boundaries established under 11 AAC Defined in AS (4) What triggers a review? Applicability – Basic Question 1 What triggers a review?

Pre-Review Assistance Pre-Review Assistance for the ACMP Consistency Review Process 11 AAC ,.305, &.405

Consistency Review Process: Where are we? Packet Complete Pre-Review Assistance Resolve Issues Day 24/44 Proposed Determination Day 29/49 Deadline to Elevate Day 30/50 Final Determination Determine Applicability Applicant Considers Options Determine Scope Day 1 Start Review Distribute & Consider Comments Draft a Proposed Determination Prepare Public Notice Day 13/25 Request for Additional Information Day 17/30 Deadline for Comments

Pre-Review Assistance Pre-Review Assistance 11 AAC Applicant Responsibilities At a minimum, the applicant must provide a brief project description. To the extent feasible, the applicant must provide: 1.A completed CPQ; 2.Map locating the project and associated facilities; 3.Description of man-made or natural features at or near the site.

Pre-Review Assistance Pre-Review Assistance 11 AAC Coordinating Agency Responsibilities If requested by the applicant, the coordinating agency may provide: Information about the CPQ & review process Identification of coastal district Identification of applicable enforceable policies Required state and federal authorizations Estimated time schedule for review Additional information requirements

When & Why Meetings Needed Pre-Review Assistance When & Why Meetings Needed Pre-Review Assistance meetings are optional but they provide an invaluable service. Facilitate transfer of information between agencies and the applicant Ensure all parties receive the same information Streamline ACMP and permit review processes

Review Packet & Review Initiation Review Packet & Review Initiation for the ACMP Consistency Review Process

WHAT? Is Required in a Complete Review Packet

Article 2 Review Packet Article 2 Only State Authorizations 11 AAC CPQ with consistency certification, signed and dated Detailed project description Maps, diagrams, and other site specific info Copies of required state permit applications Evaluation of how the project is consistent with the statewide standards and the district enforceable policies.

consistency certification: A declaration by an applicant that a proposed project is consistent with the enforceable policies of the ACMP Required for Article 2 & 4 reviews. 11 AAC Defined in 11 AAC

Coastal Project Questionnaire CPQ Coastal Project Questionnaire Primary differences in new regulations: Resource agencies now directed to send CPQ to OPMP if they determine a federal authorization and/or permits from more than their agency are needed. Applicant should also be directed to contact OPMP. 11 AAC Aquatic farms join placer mining operations as using joint applications with no accompanying CPQ.

Project must be described in sufficient specificity to determine the –purpose of the activity, and –potential impact(s) to any coastal use or resource. Complete Project Description Review Packet Complete Project Description

Evaluation The applicant shall submit…an evaluation of how the proposed project is consistent with the state standards and with any applicable district enforceable policies, sufficient to support the consistency certification. 11 AAC

Scope of Review for the ACMP Consistency Review Process

Consistency Review Process: Where are we? Packet Complete Pre-Review Assistance Resolve Issues Day 24/44 Proposed Determination Day 29/49 Deadline to Elevate Day 30/50 Final Determination Determine Applicability Applicant Considers Options Determine Scope Day 1 Start Review Distribute & Consider Comments Draft a Proposed Determination Prepare Public Notice Day 13/25 Request for Additional Information Day 17/30 Deadline for Comments

Article 2 (State Authorizations) Scope of Review- Determining Scope Article 2 (State Authorizations) ProjectRegulation Who Determines? Requires only State Authorizations Article 2: 11 AAC Coordinating Agency in Consultation At a minimum a projects scope includes activities that require a resource agency authorization The coordinating agency determines the scope of review after consultation with: –the applicant, –any resource agency that requires an authorization, and –any potentially affected coastal district. (11 AAC (d))

Article 3 (Federal Agency Activity) Scope of Review- Determining Scope Article 3 (Federal Agency Activity) ProjectRegulation Who Determines? Is a Federal Activity with/wo State Authorizations Article 3: 11 AAC Federal Agency The federal agency determines the scope in accordance with 15 CFR Federal consistency determination prepared

Provided by a Federal agency if it determines there will not be any coastal effects for an activity. –Once negative determination with sufficient information is received, DNR shall solicit comments from state resource agencies and affected coastal districts. –Within 60 days, DNR shall provide a response to the federal agency objecting, concurring or requesting additional time to evaluate the negative determination. Special Requirements Negative Determination

Scope of Review- Determining Scope Article 4 (Federal Authorization) ProjectRegulation Who Determines? Requires Federal Authorizations with/wo State Authorizations Article 4: 11 AAC Applicant and DNR The scope of review is determined under authority of 15 CFR Applicant provides all necessary data and information (15 CFR )

15 CFR requires applicant to provide: A detailed description of project and associated facilities Information required by the ACMP (e.g., complete application packet) Evaluation of the coastal effects Comprehensive data to support the applicants consistency certification Necessary Data and Information

Exceptions Scope of Review Exceptions Scope of review may be limited when: –A project is phased (AS ) Scope includes only activities of that phase –When an activity is on the A or B list

The ABC List The ABC List Alaska Coastal Management Program home/ABClist/ABClisthome.htm

Scope of Review – ABC List: What does it do? The A and B lists provide streamlined ACMP consistency reviews for routine projects. The A and B lists streamline the state permitting process. The C list identifies state resource agency authorizations that are subject to or trigger an ACMP review. tate.ak.us/Clawhome/AB Clist/ABClisthome.htm

Scope of Review – ABC List: Whats in it? A List – Permits authorizing activities that are categorically consistent with the ACMP B I – List of activities that are generally consistent with the ACMP with alternative measures B II – List of General and Nationwide Permits C List – Permits that are subject to and/or trigger a consistency review & length of review

The A List ABC List: The A List –To be eligible for a categorically consistent determination under this section, an activity that requires a resource agency authorization may have only a de minimis impact on coastal uses and resources. 11 AAC (b) Example A List: Fish Habitat Permit for water withdrawals from anadromous fish waters (less than 5,000 gallons in a single day or less than 1,000 gallons per day or more than one day, except from known fish overwintering areas).

The B I List ABC List: The B I List –To be eligible for a general consistency determination under this section, an activity that requires a resource agency authorization must be an activity that can be made consistent with the ACMP through application of standard alternative measures. 11 AAC (b) Example B List: GCD 8, Temporary use of water, Permanent use of water (100,000 gallons/day or less)

B II: General Permits ABC List: B II: General Permits General Permit – Federal or state resource agency permit for a group of similar facilities or activities that are consistent with the ACMP. –Defined by agencys statutes and/or regulations. –Must undergo a consistency review before implementation. 11 AAC Example B List: GP-9340-BA001 Disposal of Mining Camp Wastes.

B II: Nationwide Permits ABC List: B II: Nationwide Permits Nationwide permit (NWP) – U.S. Army Corps of Engineers permit found generally consistent with the ACMP with alternative measures Subject to an ACMP consistency review under 11 AAC AAC (11 AAC ). NWPs for specific activities authorized by: Section 404, Clean Water Act; Section 10, Rivers and Harbors Act; and Section103, Marine Protection, Research and Sanctuaries Act (33 CFR 330).

The C List ABC List: The C List 11 AAC Contains all of the state resource agency authorizations that may have a reasonably foreseeable direct or indirect effect on a coastal use or resource C List permits trigger a consistency review process. Example C List: Title 41 Fish Habitat Permit

How to use the ABC List Scope of Review – How to use the ABC List No review is necessary if all activities are listed on the A or B List. Scope shall exclude activities covered under a general or nationwide permit. Parts of a project that are categorically or generally consistent (A & B list of state authorizations) may be excluded if resource agencies and affected district agree that the A or B List activity has a de minimis impact.

WHEN will the review start?

Consistency Review Process: Where are we? Packet Complete Pre-Review Assistance Resolve Issues Day 24/44 Proposed Determination Day 29/49 Deadline to Elevate Day 30/50 Final Determination Determine Applicability Applicant Considers Options Determine Scope Day 1 Start Review Distribute & Consider Comments Draft a Proposed Determination Prepare Public Notice Day 13/25 Request for Additional Information Day 17/30 Deadline for Comments

Articles 2, 4 Completeness Deadline Review Initiation Articles 2, 4 Completeness Deadline Within 21 days of coordinating agencys receipt of packet, applicant must be notified of either: 1) Incomplete packet status, or 2)Review start date 11 AAC & 11 AAC

Articles 3 Completeness Deadline Review Initiation Articles 3 Completeness Deadline Immediately upon receipt, OPMP must determine packet completeness. Federal agency must be notified of either: 1) Incomplete packet status within 14 days or 2) Review start date 11 AAC

Review Initiation Article 2 11 AAC Day 1 is the date of the coordinating agencys public notice. On or before Day Three, Coordinating Agency MUST: –Provide notice of review initiation and schedule to applicant, –Provide copy of review packet and schedule to review participants, –Provide copy of review packet and schedule to all persons who request it, and –Make a copy of the review packet (including the public notice) available for public inspection and copying at a public place in an area that the project may affect.

HOW long will the review take HOW long will the review take?

50 Day Reviews Review Length 50 Day Reviews Required when: –A project is a federal activity or needs a federal permit(s). –A project requires permits identified on C list as needing a 50-day review.

30 Day Reviews Review Length 30 Day Reviews Required when: –The C List identifies all state permits that are subject to a 30 day review.

90 Day Time Limitation Review Length 90 Day Time Limitation Consistency review must be completed within 90 days except under the following cases : During a request for additional information when the applicant has not responded within 14 days until the time when the coordinating agency determines the applicant has provided an adequate written response; During a period of time requested by the applicant; or During an elevation.

Public Notice Public Notice for the ACMP Consistency Review Process 11 AAC

Public Notice Requirements 11 AAC A Public Notice Must: 1. Sufficiently inform the public of the nature of the proposed project and explain how they can comment, 2. Explain comments should address the projects consistency with the enforceable policies of the ACMP, 3.Specify deadline for receipt of comments, 4. Identify locations where notice can be viewed and copied, (A) publication in newspaper, (B) posting (i) Internet web site ( and (ii) three public places; and 5. Send a copy to each person who has requested public notice of the proposed project or any proposed project affecting a specific coastal resource district.

Definition of Public Place (unchanged) – According to AG guidance, public place means any public location that has free and easy access, to include grocery stores, public harbors, and other public gathering areas.

Request for Additional Information (RFAI) Request for Additional Information (RFAI) for the ACMP Consistency Review Process

Consistency Review Process: Where are we? Packet Complete Pre-Review Assistance Resolve Issues Day 24/44 Proposed Determination Day 29/49 Deadline to Elevate Day 30/50 Final Determination Determine Applicability Applicant Considers Options Determine Scope Day 1 Start Review Distribute & Consider Comments Draft a Proposed Determination Prepare Public Notice Day 13/25 Request for Additional Information Day 17/30 Deadline for Comments

Whats the Process 11 AAC Article 2 RFAI process Whats the Process 11 AAC CA sends RFAI to applicant 7 days for requestor to determine adequacy YesNoInfo Request by Day 13/25 Applicant provide info to requestor & CA (CA may terminate the review if applicant does not respond within 30 days Coordinating Agency (CA) may stop the clock for 3 days to evaluate and determine necessity of information if its outside requestors expertise Resume ReviewExplain inadequacies based on original request & Identify information needed

RFAI process Whats the Process Explain inadequacies based on original request Requestor must identify additional information* needed to resolve inadequacy of original information request. *additional information may only be requested to fulfill the original request, or for new issues raised by the response

Review additional information and determine whether Additional information is adequate, or some or all of the information is inadequate and request the applicant to provide the additional information that is needed to satisfy the original request. RFAI process Whats the Process

Comments & Comment Deadlines Comments & Comment Deadlines for the ACMP Consistency Review Process

Consistency Review Process: Where are we? Packet Complete Pre-Review Assistance Resolve Issues Day 24/44 Proposed Determination Day 29/49 Deadline to Elevate Day 30/50 Final Determination Determine Applicability Applicant Considers Options Determine Scope Day 1 Start Review Distribute & Consider Comments Draft a Proposed Determination Prepare Public Notice Day 13/25 Request for Additional Information Day 17/30 Deadline for Comments

Comment Deadlines Comment Deadlines All comments are due by: –Day 17 in a 30- day review –Day 30 in a 50- day review 11 AAC

Review participant comments must be in writing. 11 AAC ,.330,.435 Review Participant: a resource agency, a state agency that has requested participation, and an affected coastal resource district 11 AAC (a)(41) Comments Review Participants Review Participants

The reviewer must state concurrence and explain basis for concurrence 11 AAC , 11 AAC , 11 AAC Comments Review Participants Review Participants

State objection –Identify specific enforceable policies and applicable statewide standards and reasons for inconsistency –Explain how the proposed project is inconsistent –Identify and explain alternative measures that would achieve consistency Comments Review Participants Review ParticipantsComments

a modification to a project that, if adopted by the applicant, would achieve consistency with the enforceable policies of the program 11 AAC (a)(3) Alternative Measure

must be addressed directly to the coordinating agency must identify the enforceable policies with which the project is inconsistent and explain how the project is inconsistent must be in writing unless presented orally at a public hearing held by the coordinating agency Comments Review Participants Review Participants 11 AAC

The coordinating agency shall provide copies of comments to the applicant, each resource agency, any potentially affected coastal resource district, and other persons interested in the project. Comments Distribution of Comments Distribution of Comments 11 AAC (c), 330(c), 435(c), 510(d)

Proposed and Final Consistency Determinations Proposed and Final Consistency Determinations for the ACMP Consistency Review Process 11 AAC , 260, 335, 345; 440, 445

Consistency Review Process: Where are we? Packet Complete Pre-Review Assistance Resolve Issues Day 24/44 Proposed Determination Day 29/49 Deadline to Elevate Day 30/50 Final Determination Determine Applicability Applicant Considers Options Determine Scope Day 1 Start Review Distribute & Consider Comments Draft a Proposed Determination Prepare Public Notice Day 13/25 Request for Additional Information Day 17/30 Deadline for Comments

Proposed & Final Consistency Determinations Crafting a Determination Consider Comments The coordinating agency shall give due deference to a commenting resource agency or coastal resource district with an approved plan within their expertise or area of responsibility 11 AAC (a) Applicable for Article 2, 3 and 4 Reviews

Due Deference –The deference that is appropriate in the context of the commentors expertise or area of responsibility, and –All the evidence available to support any factual assertions. 11 AAC (a)(25)

Coordinating agency works with applicant and review participants to build consensus and resolve conflict Due deference is afforded to affected coastal districts and resource agencies in their expertise and area of responsibility Resolve Issues Consider Comments Proposed & Final Consistency Determinations Crafting a Determination

Draft a Proposed Determination Resolve Issues Consider Comments Identify State position on consistency of project (concur, object, or object with alternative measures) List appropriate alternative measures and rationale If concurring, include consistency evaluation. Respond to review participant if rejecting or modifying their proposed alternative measure Proposed & Final Consistency Determinations Crafting a Determination

Content of proposed determination: States position: Concur/Object with applicants consistency certification Description/scope of proposed project that includes alternative measures that if adopted by the applicant would make the project consistent If concurrence is proposed, explanation of how the proposed project is consistent with the enforceable policies of the program Elevation opportunity Must be ed or faxed Day 24/44 Issue Proposed Determination Draft a Proposed Determination Resolve Issues Consider Comments Proposed & Final Consistency Determinations Crafting a Determination

Applicant Adopts alternative measures into project description Applicant, coastal district, or resource agency elevate proposed determination Applicant otherwise modifies project to achieve consistency Applicant abandons project Day 24/44 Issue Proposed Determination Draft a Proposed Determination Resolve Issues Consider Comments Applicant considers options Proposed & Final Consistency Determinations Crafting a Determination

Content of final determination: States position Concur/Object Description/scope of proposed project that incorporates alternative measures adopted by the applicant Explanation of how the proposed project is consistent with the applicable statewide standards and enforceable policies Terminate review – if not elevated Work with Applicant & Review Participants Day 24/44 Issue Proposed Determination Draft a Proposed Determination Resolve Issues Consider Comments Proposed & Final Consistency Determinations Crafting a Determination Day 30/50 Issue Final Consistency Determination

Consistency Review Process: Where are we? Packet Complete Pre-Review Assistance Resolve Issues Day 24/44 Proposed Determination Day 29/49 Deadline to Elevate Day 30/50 Final Determination Determine Applicability Applicant Considers Options Determine Scope Day 1 Start Review Distribute & Consider Comments Draft a Proposed Determination Prepare Public Notice Day 13/25 Request for Additional Information Day 17/30 Deadline for Comments

Elevation Process 11 AAC

Who can elevate a decision? A resource agency The applicant An affected coastal resource district 11 AAC (a)

Subject of an elevation is limited to: The proposed consistency determination regarding whether the project is consistent with the enforceable policies of the program; Any alternative measure or other project modification that would achieve consistency with the enforceable policies of the program. 11 AAC (b)

Format of the Request Must be in writing Must be received by the coordinating agency within 5 days of receiving the PCD; and Must explain the requestors concern 11 AAC (c)

Coordinators responsibility: Distribute the request for elevation to review participants, the applicant, and those who submitted comments; Suspend the review schedule by no more than 45 days; and 11 AAC (d)

Review Schedule Modifications Review Schedule Modifications for the ACMP Consistency Review Process 11 AAC

Review Schedule Modification Reasons for Modifying Schedule Coordinate state agency review process ( (a)(1)) Evaluate the RFAI ( (a)(2)) RFAI ( (a)(3)) Public Hearing or Meeting ( (a)(4)) Adjudication under AS 29 if district comments are pending the outcome of the adjudication ( (a)(5)) Applicant Request ( (a)(6)) Address Question of Law ( (a)(7))

Consider Public Comments ( (a)(8)) For project within a CRSA ( (a)(9)) Field review ( (a)(10)) Revised proposed consistency, allowance for submission of a request for elevation ( (a)(11)) Request for Elevation ( (a)(12)) Review Schedule Modification Reasons for Modifying Schedule

Project Modifications Project Modifications For The Alaska Coastal Management Program 11 AAC , 820, 830

Project Modifications Modifications During Review A coordinating agency may terminate a review and start over if modifications substantially change a project or new authorizations are required. -11 AAC

After a Review Project Modifications After a Review Applicant prepares CPQ with detailed description Applicant prepares CPQ with detailed description Applicant submits CPQ to agency that originally coordinated the initial consistency review Applicant submits CPQ to agency that originally coordinated the initial consistency review Original coordinating agency distributes CPQ to review participants Original coordinating agency distributes CPQ to review participants

Within 7 days, determine if modification: 1. Requires new or changed resource agency authorization, and 2. May cause additional impacts Within 7 days, determine if modification: 1. Requires new or changed resource agency authorization, and 2. May cause additional impacts Review Participants Respond on Both Points Review Participants Respond on Both Points Agency begins review of Modification Only. If either point is NO no review occurs Yes to both No After a Review

Change in ownership Change in contractor or subcontractor Decrease in impact of the project with no change in purpose Modifications of authorizations are within the scope of the original project reviewed Modifications of authorizations are allowed under original authorization conditions Modifications of authorizations that are meant to clarify requirements of previously issued authorization Project Modifications No further review 11 AAC (k)

Review Termination Review Termination 11 AAC A coordinating agency may terminate a review if the applicant: –Fails, within 30 days,to respond to the request for additional information; or –Submits a written request to withdraw the project from review.

Emergency Expedited Reviews Emergency Expedited Reviews For the Alaska Coastal Management Program (11 AAC )

Qualifying Situations Emergency Expedited Reviews Qualifying Situations Disaster Emergency per AS Disasters AS Catastrophic Oil Spills Immediate Preservation of Public Health, Safety or General Welfare DEC Determines: Oil spill or Hazardous Substance Release Poses an Imminent Threat to Public Health, Safety, or the Environment

Emergency Expedited Reviews DECISION MAKERS COORDINATING AGENCY RESOURCE AGENCIES COASTAL DISTRICT

DECISION BASED UPON: Clear & Convincing Evidence of the Need to Expedite DOES NOT INCLUDE: Poor Planning Emergency Expedited Reviews

Review Includes: Written Decision to Expedite Public Notice - per (not 11 AAC ) Proposed Consistency Determination Final Consistency Determination Elevation (if necessary - process also expedited as appropriate) Emergency Expedited Reviews

AS DISASTERS Regulations Can Be Suspended BY GOVERNOR During a declared disaster

Questions?