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The National Oceanic and Atmospheric Administration (NOAA) has announced a 30-day public comment period, beginning April 28, for comments on the appeal from the California Coastal Commission's toll road decision, and the Surfrider Foundation and other toll road opponents are asking concerned citizens to request a public hearing on this issue of vital importance to San Onofre State Beach and Trestles. Click here for Sandpiper's coverage of the Coastal Commission's February 6 decision to deny the federal consistency certification for the construction of this proposed 16-mile toll road in south Orange County and northern San Diego County, running through San Onofre State Beach. Click here for more information from the Surfrider Foundation Action Network, including a request for letters to NOAA requesting a public hearing. Click here for more information from the Transportation Corridor Agencies in support of the toll road. Click here or see below for the full text of the Federal Register notice, published in the March 17, 2008 Federal Register.
Complete text of the Federal Register Notice: DEPARTMENT OF COMMERCE National
Oceanic and Atmospheric
Administration AGENCY: National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (Commerce). ACTION: Notice of appeal. ----------------------------------------------------------------------- SUMMARY: This announcement provides notice that Foothill/Eastern Transportation Corridor Agency (TCA) has filed an administrative appeal with the Department of Commerce asking that the Secretary override the California Coastal Commission's (CCC) objection to TCA's construction of an extension to California State Route 241 in northern San Diego and southern Orange Counties, California. ADDRESSES: Materials from the appeal record will be available at the NOAA Office of General Counsel for Ocean Services, 1305 East-West Highway, Room 6111, Silver Spring, MD 20910 and on the following Web site: http://www.ogc.doc.gov/czma.htm. FOR
FURTHER INFORMATION
CONTACT: Thomas Street,
Attorney-Advisor, NOAA
SUPPLEMENTARY INFORMATION: I. Notice of Appeal On February 15, 2008, TCA filed notice of an appeal with the Secretary of Commerce (Secretary), pursuant to the Coastal Zone Management Act of 1972 (CZMA), 16 U.S.C. 1451 et seq., and implementing regulations found at 15 CFR Part 930, Subpart H. TCA appealed an objection to its construction of an extension to California State Route 241 in northern San Diego and southern Orange Counties, California. Under the CZMA, the Secretary may override CCC's objection on grounds that the project is consistent with the objectives or purposes of the CZMA or otherwise necessary in the interest of national security. To make the determination that the proposed activity is ``consistent with the objectives or purposes'' of the CZMA, the Secretary must find that: (1) The proposed activity furthers the national interest as articulated in sections 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 CCC's coastal management program. 15 CFR 930.121. II. Opportunity for Federal Agency and Public Comment and Public Hearing Pursuant to regulation, the public and interested Federal agencies may submit any comments on this appeal from April 28, 2008--May 28, 2008. All comments should be directed in writing to the NOAA Office of General Counsel for Ocean Services, 1305 East-West Highway, Room 6111, Silver Spring, MD 20910 or via e-mail to gcos.comments@noaa.gov. Federal regulations also allow for a public hearing for this appeal, occurring at the Secretary's own initiative or upon request. A request for a public hearing must be filed with the Secretary within 30 days of the date of this notice's publication in the Federal Register. Such requests should be directed in writing to the Secretary at the following address: Thomas Street, staff attorney, NOAA Office of General Counsel for Ocean Services, 1305 East-West Highway, Room 6111, Silver Spring, MD 20910. III. Appeal Documents NOAA intends to provide the public with access to all publicly available materials and related documents comprising the appeal record during business hours, at the NOAA Office of General Counsel for Ocean Services. For additional information about this appeal, please contact Thomas Street, Attorney-Advisor, NOAA Office of the General Counsel, 301-713-2967, gcos.inquiries@noaa.gov or Stephanie Campbell, Attorney- Advisor, NOAA Office of the General Counsel, 301-713-2967, cos.inquiries@noaa.gov.
Dated: March 11, 2008.
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Public
Comments + Public
Hearing on Toll Road
Appeal