Coastal Zone Management: Federal Consistency Appeal by Jessie W. Taylor From an Objection by South Carolina

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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