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PA Bulletin, Doc. No. 14-2007


Federal Consistency under the Coastal Zone Management Act

[44 Pa.B. 6148]
[Saturday, September 27, 2014]

 This notice is published under section 306(d)(14) of the Federal Coastal Zone Management Act of 1972 (16 U.S.C.A. § 1455(d)(14)), regarding public participation during consistency determinations. The Department of Environmental Protection (Department), Coastal Resources Management Program has received notice that Gahagan and Bryant Associates, Inc. is proposing dredging activities on behalf of the Kinder Morgan Bulk Terminals, Inc. (KMBT) and Waste Management of PA, Inc. (WM) at the Fairless Hills Basin on the Delaware River at Falls Township, PA.

 KMBT and WM are each seeking permits from the United States Army Corp of Engineers (USACE) for dredging within Fairless Hills Basin to -41 feet Mean Lower Low Water. The USACE pending permit numbers are CENAP-OP-R-2014-0882 (KMBT) and CENAP-OP-R-2014-0883 (WM). Dredging activities will be conducted in a manner to minimize turbidity by utilizing industry practices (for example, turbidity curtains). Both applicants are requesting the option of either hydraulic dredging or mechanical dredging for Fairless Hills Basin, depending upon which one is more economically feasible and practical at the time of dredging. Dredged material will be placed at either Biles Island (no release of effluent to the Delaware River) or Money Island (previously permitted for controlled and monitored release of effluent to the Delaware River). The applicant has certified that it will adhere to all National Marine Fisheries Service dredging restrictions. Dredging in the basin is authorized by the Department under Water Obstruction and Encroachment Permit E09-322.

 This project is subject to Department review for Federal consistency because it is a Federal license and permit activity and will have reasonably foreseeable effects on this Commonwealth's coastal resources or uses.

 In accordance with National Oceanic and Atmospheric Administration (NOAA) regulations in 15 CFR Part 930, Subpart D (relating to consistency for activities requiring a Federal license or permit), Gahagan and Bryant Associates, Inc. has determined that the proposed activity will be conducted in a manner consistent with the applicable enforceable policies of the Commonwealth's NOAA-approved Coastal Resources Management Program. Interested parties may request a copy of the Federal Consistency Certification from the Department contact listed as follows.

 The Department will consider all comments received on or before October 14, 2014, before issuing a final Federal consistency concurrence or objection. Comments submitted by facsimile will not be accepted. Comments, including comments submitted by e-mail must include the originator's name and address. Written comments should be submitted to Matt Walderon, Federal Consistency Coordinator, Interstate Waters Office, 400 Market Street, P. O. Box 8465, Harrisburg, PA 17101-8465, (717) 772-2196,


[Pa.B. Doc. No. 14-2007. Filed for public inspection September 26, 2014, 9:00 a.m.]

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