[Federal Register Volume 63, Number 18 (Wednesday, January 28, 1998)]
[Notices]
[Page 4224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2035]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Coastal Zone Management: 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 30, 1997, 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. State policies 
prevented OCRM from considering the Appellant's offer of mitigation in 
evaluating his activity. 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, would lessen 
rather than increase cumulative impacts on the natural resources of the 
coastal zone. Thus, there would appear to be no adverse coastal effects 
to outweigh the projects minimal contribution to the national interest. 
Third, the proposed activity will not violate the requirements of the 
Clean Water Act or the Clean Air Act. Fourth, there would be 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.
    Margo E. Jackson, 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 16, 1998.
Monica Medina,
General Counsel.
[FR Doc. 98-2035 Filed 1-27-98; 8:45 am]
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