Federal Consistency Appeal by Jessie W. Taylor From an Objection by South Carolina

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