# Coastal Zone Management; Federal Consistency Appeal > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A96-26259 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** October 15, 1996 - **Citation:** 61 FR 53719 ## Text 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. ----------------------------------------------------------------------- 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] BILLING CODE 3510-08-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-26259. Public record. Not legal advice.