[Federal Register Volume 59, Number 204 (Monday, October 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26323]


[[Page Unknown]]

[Federal Register: October 24, 1994]


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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

 

Coastal Zone Management: Federal Consistency Appeal by Olga Velez 
Lugo From an Objection by the Commonwealth of Puerto Rico

Agency: National Oceanic and Atmospheric Administration, Commerce.

Action: Notice of decision.

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    On September 9, 1994, the Secretary of Commerce (Secretary) issued 
a decision in the consistency appeal of Olga Velez Lugo (Appellant). 
The Appellant had applied to the U.S. Army Corps of Engineers (Corps) 
for a permit to construct a wood dock, restore a boat ramp and level 
and fill a wetland/mudflat area in the Salinas Bay area, Salinas, 
Puerto Rico. In conjunction with the federal permit application, the 
Appellant submitted to the Corps a certification that the proposed 
activity is consistent with Puerto Rico's federally approved Coastal 
Management Program (CMP). The Puerto Rico Planning Board (PRPB), the 
Commonwealth of Puerto Rico'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. 
Sec. 1456(b)(3)(A).
    On June 5, 1992, the PRPB objected to the Appellant's proposed 
project on the ground that the proposed project is inconsistent with 
the enforceable policies contained in Puerto Rico's CMP. The PRPB also 
alleged that the Appellant's proposed project would adversely impact 
natural systems for private benefit and contribute to the degradation 
of one of Puerto Rico's designated critical coastal wildlife areas. 
Under CZMA section 307(c)(3)(A) and 15 CFR 930.131, the PRPB'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 filed an appeal from the PRPB's objection to her proposed 
project. The Appellant argued that the project satisfies Ground I. The 
Appellant did not argue Ground II issues.
    Upon consideration of the entire record, which includes submittals 
by the Appellant and the PRPB, and written information from federal 
agencies, the Secretary made the following findings pursuant to 15 CFR 
930.121: The second element of Ground I is dispositive of the issues in 
this appeal. The proposed project's minimal, at best, contribution to 
the national interest does not outweigh the substantial, cumulative 
adverse effects the activity would have on the natural resources of the 
coastal zone. Accordingly, the second element of Ground I was not 
satisfied. Because all four elements of Ground I must be satisfied for 
the Secretary to find that an activity is consistent with the 
objectives or purposes of the CZMA, it was unnecessary for the 
Secretary to address the other three elements of Ground I.
    Because the Appellant's proposed project failed to satisfy all of 
the requirements of Ground I, the proposed project is not consistent 
with the objectives or purposes of the CZMA. Accordingly, the Secretary 
did not override the PRPB's objection and the Appellant's project may 
not be permitted by federal agencies. Copies of the decision may be 
obtained from the office listed below.

For Additional Information Contact: Pamela B. Lawrence, Attorney-
Adviser, 1305 East-West Highway, Suite 6111, Silver Spring, Maryland 
20910, (301) 713-2967.

(Federal Domestic Assistance Catalog No. 11.419 Coastal Zone 
Management Program Assistance)

    Dated: October 14, 1994.
Terry D. Garcia,
General Counsel.
[FR Doc. 94-26323 Filed 10-21-94; 8:45 am]
BILLING CODE 3510-08-M