[Federal Register: January 25, 1999 (Volume 64, Number 15)]
[Notices]               
[Page 3684]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ja99-40]

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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