[Federal Register Volume 67, Number 205 (Wednesday, October 23, 2002)]
[Notices]
[Pages 65091-65092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26903]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Federal Consistency Appeal by Barnes Nursery, Inc. From an
Objection by the Ohio Department of Natural Resources
AGENCY: National Oceanic and Atmospheric Administration.
ACTION: Notice of appeal and request for comments.
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SUMMARY: Barnes Nursery, Inc. has filed a notice of appeal with the
Department of Commerce asking that the Secretary of Commerce override
the Ohio Department of Natural Resources' objection to the Barnes
Nursery, Inc. after-the-fact permit to maintain an excavated channel
and berm system intended to store water for agricultural purposes. This
project is located in Erie County, Ohio adjacent to east Sandusky Bay.
DATES: Public comments on the appeal are due within 60 days of the
publication of this notice.
ADDRESSES: Comments should be sent to Molly Holt, 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. Public
filings made by the parties to the appeal may be available at the NOAA
Office of the Assistant General Counsel for Ocean Services and the
offices of the Ohio Department of Natural Resources, 1952 Belcher
Drive--Bldg. C-4, Columbus, OH 43215.
FOR ADDITIONAL INFORMATION CONTACT: Molly Holt, 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 or at 301-
713-2967, extension 215.
SUPPLEMENTARY INFORMATION:
I. Notice of Appeal
On July 10, 20001, Barnes Nursery, Inc. (Appellant) filed a notice
of appeal with the Secretary of Commerce (Secretary) pursuant to
section 307(c)(3)(A) of the Coastal Zone Management Act of 1972 (CZMA),
as amended, 16 U.S.C. 1451 et seq., and the Department of Commerce's
implementing regulations, 15 CFR part 930, subpart H (revised,
effective January 8, 2001). The appeal is taken from an objection by
the Ohio Department of Natural Resources (state) to the Appellant's
consistency certification for a U.S. Army Corps of Engineers' after-
the-fact permit to maintain an excavated channel and berm system
intended to store water for agricultural purposes. This project is
located in Erie County, Ohio adjacent to East Sandusky Bay.
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
the national interest as articulated in section 302 or 303 of the CZMA,
in a significant or substantial manner, (2) the adverse effects of the
proposed activity do not outweigh its contribution to the national
interest, when those effects are considered separately or cumulatively,
and (3) no reasonable alternative is available that would permit the
activity to be conducted in a manner consistent with enforceable
policies of the Ohio Department of Natural Resources' management
program. 15 CFR 930.121.
II. Public Comments
Public comments are invited on the findings that the Secretary must
make as set forth in the regulations at 15 CFR
[[Page 65092]]
930.121. Comments are due within 60 days of the publication of this
notice and should be sent to Molly Holt, 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.
III. Appeal Documents
All nonconfidential documents submitted in this appeal are
available for public inspection during business hours at the NOAA
Office of the Assistant General Counsel for Ocean Services and the Ohio
Department of Natural Resources.
[Federal Domestic Assistance Catalog No. 11.419 Coastal Zone Management
Program Assistance.]
Dated: October 1, 2002.
James R. Walpole,
General Counsel.
[FR Doc. 02-26903 Filed 10-22-02; 8:45 am]
BILLING CODE 3510-08-M