Coastal Zone Management; Federal Consistency Appeal

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

Coastal Zone Management; Federal Consistency Appeal

AGENCY: National Oceanic and Atmospheric Administration, Commerce.

ACTION: Notice of appeal and request for comments.

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Jessie W. Taylor (Appellant), filed with the Secretary of Commerce

(Secretary) a notice of appeal pursuant to section 307(c)(3)(A) of the

Coastal Zone Management Act of 1972 (CZMA), as amended, 16 U.S.C.

Secs. 1451 et seq., and the Department of Commerce's implementing

regulations, 15 CFR Part 930, Subpart H. The appeal is taken from an

objection by the South Carolina Office of Ocean and Coastal Resource

Management (State) to the Appellant's project which involves placing

fill material in approximately 0.6 acres of wetlands for the purpose of

commercial development. The site of the proposed project consists of

two undeveloped lots, which are located in a commercial area adjacent

to Highway 17, in Surfside Beach, Horry County, South Carolina. The

Appellant has certified that the project, for which a U.S. Army Corps

of Engineers permit must be obtained, is consistent with the State's

coastal management program (CMP).

The CZMA provides that a timely objection by a state precludes any

federal agency from issuing licenses or permits for the activity unless

the Secretary finds that the activity is either ``consistent with the

objectives'' of the CZMA (Ground I) or ``necessary in the interest of

national security'' (Ground II). Section 307(c)(3)(A). To make such a

determination, the Secretary must find that the proposed project

satisfies the requirements of 15 CFR 930.121 or 930.122.

The Appellant requests that the Secretary override the State's

consistency objections based on Ground I. To make the determination

that the proposed activity is ``consistent with the objectives'' of the

CZMA, the Secretary must find that: (1) the proposed activity furthers

one or more of the national objectives or purposes contained in section

302 or section 303 of the CZMA, (2) the adverse effects of the proposed

activity do not outweigh its contribution to the national interest, (3)

the proposed activity will not violate the Clean Air Act or the Federal

Water Pollution Control Act, and (4) no reasonable alternative is

available that would permit the activity to be conducted in a manner

consistent with the State's CMP. 15 CFR 930.121.

Public comments are invited on the findings that the Secretary must

make as set forth in the regulations at 15 CFR 930.121. Comments are

due within 30 days of the publication of this notice and should be sent

to Mr. Roger B. Eckert, Attorney-Adviser, Office of the Assistant

General Counsel for Ocean Services, National Oceanic and Atmospheric

Administration, U.S. Department of Commerce, 1305 East-West Highway,

Room 6111, Silver Spring, MD 20910. Copies of comments will also be

forwarded to the Appellant and the State.

All nonconfidential documents submitted in this appeal are

available for public inspection during business hours at the offices of

the State and the Office of the Assistant General Counsel for Ocean

Services.

FOR ADDITIONAL INFORMATION CONTACT: Mr. Roger B. Eckert, Attorney-

Adviser, Office of the Assistant General Counsel for Ocean Services,

National Oceanic and Atmospheric Administration, U.S. Department of

Commerce, 1305 East-West Highway, Room 6111, Silver Spring, MD 20910,

(301) 713-2967.

(Federal Domestic Assistance Catalog No. 11.419 Coastal Zone

Management Program Assistance)

Dated: October 4, 1996.

Terry D. Garcia,

General Counsel.

[FR Doc. 96-26259 Filed 10-11-96; 8:45 am]

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