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PA Bulletin, Doc. No. 22-1438

NOTICES

DEPARTMENT OF
ENVIRONMENTAL PROTECTION

Federal Consistency under the Coastal Zone Management Act; Maintenance Dredging of the North East Marina

[52 Pa.B. 6011]
[Saturday, September 17, 2022]

 This notice is published under section 306(d)(14) of the Federal Coastal Zone Management Act of 1972 (CZMA) (16 U.S.C.A. § 1455(d)(14)), regarding public participation in consistency determinations. The Department of Environmental Protection's (Department) Coastal Resources Management Program has received notice that the Fish and Boat Commission (applicant) is proposing to conduct maintenance dredging at North East Marina in North East Township, Erie County (Project).

 The applicant is proposing to utilize a hydraulic dredging machine to remove native built up material from the mooring basin of North East Marina. The dredged material is proposed to be pumped by means of piping to a previously approved area along the Eastern Beach below the plane of ordinary high water to allow the material to enter back into the littoral system. The mooring basin is proposed to be dredged to provide safe passageway to boaters. The mooring basin is not proposed to be expanded laterally in any direction.

 The applicant proposes to utilize a long-reach excavator to remove littoral drift material accreted west of the western bin wall. Once the material is removed, it is proposed to be loaded into a dump truck and transported to a previously approved area along the Eastern Beach below the plane of ordinary high water. The material will be dumped and pushed/spread out to allow it to enter back into the littoral system. The western area will not be widened beyond existing conditions. The applicant is proposing to follow Fish and Boat Commission standardized biosecurity protocols to prevent the spread of invasive species while conducting this activity. The applicant is applying to the United States Army Corps of Engineers for a Federal permit under section 10 of the Rivers and Harbors Act (33 U.S.C.A. § 403) to authorize the Project.

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

 In accordance with section 307 of the CZMA (16 U.S.C.A. § 1456) and the National Oceanic and Atmospheric Administration (NOAA) regulations at 15 CFR Part 930, Subpart D (relating to consistency for activities requiring a Federal license or permit), the applicant has certified 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.

 Questions regarding this review can be directed to Matthew Walderon, Federal Consistency Coordinator, at RA-Fed_Consistency@pa.gov or (717) 772-2196.

 The Department will consider all comments received on or before Monday, October 3, 2022, before issuing a final Federal consistency concurrence or objection. Commentators are encouraged to submit comments using the Department's online eComment tool at www.ahs.dep.pa.gov/eComment. Written comments can be submitted by e-mail to ecomment@pa.gov or by mail to the Department of Environmental Protection, Policy Office, Rachel Carson State Office Building, P.O. Box 2063, Harrisburg, PA 17105-2063. Comments, including comments submitted by e-mail, must include the commentator's name and address. Comments submitted by facsimile will not be accepted.

RAMEZ ZIADEH, P.E., 
Acting Secretary

[Pa.B. Doc. No. 22-1438. Filed for public inspection September 16, 2022, 9:00 a.m.]



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