NOTICES
Initial Notice of Request for Certification under Section 401 of the Federal Clean Water Act of 1977 and Coastal Zone Management Consistency Determination of the Army Corps of Engineers Proposed Nationwide Permits
[26 Pa.B. 4132] On Monday, June 17, 1996, the Army Corps of Engineers (Corps) published in the Federal Register, its application for certification under section 401(a) of The Federal Clean Water Act of 1977 (33 U.S.C.A. § 1341(a)), that the activities authorized by those Nationwide permits which may result in a discharge into waters of the United States will comply with the applicable provisions of sections 301--303, 306 and 307 of the act. That notice also served as a request for a State determination of coastal zone management consistency under section 307 of the Coastal Zone Management Act (16 U.S.C.A. § 1456) for activities within or affecting the coastal zone of the Commonwealth of Pennsylvania.
The Army Corps of Engineers is proposing to reissue 37 existing Nationwide Permits (NWPs) and 4 new Nationwide Permits. These permits allow specific activities to be conducted in waters of the United States, including wetlands under standard specified conditions. On September 9, 1994, the Corps proposed to suspend specific NWPs which are redundant and unnecessary under the Pennsylvania State Programmatic General Permit (PASPGP-1) process. Those NWPs proposed for suspension are proceeded with an asterisk.
Persons wishing to comment on this application for 401 water quality certification and coastal management consistency are invited to submit comments within 60 days of the date of this notice. Prior to final action on this application, consideration will be given to any comments, suggestions or objections which are submitted in writing within 60 days of the date of this notice. Comments should be submitted to the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands, P. O. Box 8554, Harrisburg, PA 17105-8554. Requests should contain the name, address and telephone number of the person commenting, identification of the Certification request to which the comments are addressed and a concise statement of comments, objections or suggestions. Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5788 (voice users). No comments submitted by facsimile transmission will be accepted. The Department may conduct a fact-finding hearing or an informal conference in response to any given comments if deemed necessary.
Electronic Comments--Comments may be submitted electronically to the Department at RegComments@A1.dep.state.pa.us. A subject heading of the proposal must be included in each transmission. Comments submitted electronically must also be received by the Department within 60 days of the publication of this proposed notice.
The Nationwide permits published on June 17, 1996 are listed for your convenience. For a more thorough discussion of each Nationwide permit, see June 17, 1996, Federal Register pg. 30780--30795. For more information concerning the Nationwide Permits, contact the U. S. Army Corps of Engineers, Baltimore District, Attn.: CENAB-OP-R, P. O. Box 1715, Baltimore, MD 21203-1715.
Index of the Nationwide Permits
Existing Nationwide Permits
1. Aids to Navigation
2. Structures in Artificial Canals
*3. Maintenance
*4. Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities
*5. Scientific Measurement Devices
6. Survey Activities
*7. Outfall Structures
8. Oil and Gas Structures
9. Structures in Fleeting and Anchorage Areas
10. Mooring Buoys
11. Temporary Recreational Structures
*12. Utility Line Backfill and Bedding
*13. Bank Stabilization
*14. Road Crossing
*15. U. S. Coast Guard Approved Bridges
16. Return Water from Upland Contained Disposal Areas
17. Hydropower Projects
*18. Minor Discharges
19. 25 Cubic Yard Dredging
20. Oil Spill Cleanup
21. Surface Mining Activities
22. Removal of Vessels
23. Approved Categorical Exclusions
24. State Administered Section 404 Programs
*25. Structural Discharge
*26. Headwaters and Isolated Waters Discharges
27. Wetland Restoration Activities
28. Modifications of Existing Marinas
29. Single-Family Housing
30. Reserved
31. Reserved
32. Completed Enforcement Actions
*33. Temporary Construction and Access
34. Cranberry Production Activities
35. Maintenance Dredging of Existing Basins
*36. Boat Ramps
*37. Emergency Watershed Protection
38. Cleanup of Hazardous and Toxic Waste
39. Reserved
*40. Farm Buildings
Proposed New Nationwide Permits (See below for proposed description)
A. Moist Soil Management for Wildlife
B. Food Security Act Minimal Effect Exemptions
C. Minor Mining Activities
D. Maintenance of Existing Flood Control Projects
Nationwide Permit Conditions
General Conditions:
1. Navigation
2. Proper Maintenance
3. Erosion and Siltation Controls
4. Aquatic Life Movements
5. Equipment
6. Regional and Case-by-Case Conditions
7. Wild and Scenic Rivers
8. Tribal Rights
9. Water Quality Certification
10. Coastal Zone Management
11. Endangered Species
12. Historic Properties
13. Notification
Section 404 Only Conditions:
1. Water Supply Intakes
2. Shellfish Production
3. Suitable Material
4. Mitigation
5. Spawning Areas
6. Obstruction of High Flows
7. Adverse Impacts from Impoundments
8. Waterfowl Breeding Areas
9. Removal of Temporary Fills
JAMES M. SEIF,
Secretary
[Pa.B. Doc. No. 96-1380. Filed for public inspection August 23, 1996, 9:00 a.m.]
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