[Federal Register Volume 64, Number 15 (Monday, January 25, 1999)]
[Notices]
[Page 3684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1598]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Federal Consistency Appeal by Jessie W. Taylor From an Objection
by South Carolina
AGENCY: National Oceanic and Atmospheric Administration, Commerce.
ACTION: Notice of decision.
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On December 28, 1998, the Secretary of Commerce (Secretary) issued
a decision in the consistency appeal of Mr. Jessie W. Taylor
(Appellant). The Appellant had applied to the U.S. Army Corps of
Engineers (Corps) for a permit to fill wetlands to construct a
commercial business on the property. In conjunction with the Federal
permit application, the Appellant submitted to the Corps a
certification that the proposed activity is consistent with the State's
federally approved Coastal Management Program (CMP). The State of South
Carolina's coastal management agency reviewed the certification
pursuant to section 307(c)(3)(A) of the Coastal Zone Management Act of
1972, as amended (CZMA) 16 U.S.C. 1456(c)(3)(A).
On March 11, 1996, the State objected to the Appellant's
consistency certification for the proposed project on the ground that
the proposed project is not consistent with the enforceable policies
contained in the State's coastal management program. Under CZMA section
307 (c)(3)(A) and 15 CFR 930.131, the State's consistency objection
precludes the Corps from issuing a permit for the activity unless the
Secretary finds that the activity is either consistent with the
objectives or purposes of the CZMA (Ground I) or necessary in the
interest of national security (Ground II). The Appellant based his
appeal on Ground I.
Upon consideration of the information submitted by the Appellant,
the State and interested Federal agencies, the Secretary made the
following findings pursuant to 15 CFR 930.121: First, the proposed
project furthers one or more of the competing national objectives or
purposes of the CZMA by minimally contributing to the national interest
in economic development of the coastal zone. Second, the proposed
project, including the Appellant's mitigation measure, will have
minimal individual and cumulative adverse effects on coastal wetlands.
These minimal adverse coastal effects based on this record are not
substantial enough to outweigh the activity's minimal contribution to
the national interest in economic development of the coastal zone.
Third, the proposed activity will not violate the requirements of the
Clean Water Act or the Clean Air Act. Fourth, there is no reasonable
alternative available to the Appellant that would permit the activity
to be conducted in a manner consistent with the State's coastal
management program. Accordingly, the proposed project is consistent
with the objectives or purposes of the CZMA. Because the Appellant's
proposed project satisfied all of the requirements of Ground I, the
Secretary overrode the State's objection to the Appellant's consistency
certification. Consequently, the proposed project may be permitted by
Federal agencies. Copies of the decision may be obtained from the
contact person listed below.
Karl Gleaves, Assistant General Counsel for Ocean Services,
National Oceanic and Atmospheric Administration (NOAA), U.S. Department
of Commerce, 1305 East-West Highway, Room 6111, Silver Spring, MD
20910, (301) 713-2967.
Dated: January 12, 1999.
Monica Medina,
General Counsel.
[FR Doc. 99-1598 Filed 1-22-99; 8:45 am]
BILLING CODE 3510-08-M
