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PA Bulletin, Doc. No. 97-522

NOTICES

Pennsylvania's Final Certification under Section 401 of the Federal Clean Water Act of 1977 and Coastal Zone Management Consistency Determination of the Army Corps of Engineers Nationwide Permits

[27 Pa.B. 1700]

   By this notice, the Commonwealth of Pennsylvania, Department of Environmental Protection (DEP), hereby certifies under Section 401 of the CWA (33 U.S.C.A. § 1341) subject to the conditions listed, that the activities authorized by the Army Corps of Engineers (Corps) in its Federal Register notice of December 13, 1996 (61 FR 65874) (Final Notice of Issuance, Reissuance, and Modification of Nationwide Permits (NWPs)) which may result in a discharge into waters of the United States in the Commonwealth will comply with the applicable provisions of sections 301--303, 306 and 307 of the CWA (33 U.S.C.A. §§ 1311--1313, 1316 and 1317) and are consistent with Pennsylvania's Coastal Zone Management Program. In addition, the Commonwealth certifies, subject to the conditions listed with this notice, that there is a reasonable assurance that the construction and operation of the NWPs set forth in the December 13, 1996 notice will comply with applicable Federal and State water quality standards.

   On August 24, 1996, the DEP published an initial notice of the Corps' request for Section 401 certification of the Corps' proposed NWPs (see 61 FR 30780) (June 17, 1996) at 26 Pa.B. 4132 (August 24, 1996). During the 60-day comment period following publication of the notice, no public comments were received. The final version of the NWPs was published in the Federal Register on December 13, 1996. The Corps' request for Section 401 certification of the final NWPs was received by the Department on January 27, 1997. For more information concerning the NWPs, contact the U. S. Army Corps of Engineers, Baltimore District, Attn.: CENAB-OP-R, P. O. Box 1715, Baltimore, MD 21203-1715.

   The Nationwide permits published on December 13, 1996 include 37 reissued NWPs, some with modifications, and 2 new NWPs. These NWPs are listed within this notice. 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.

Conditional Approvals

NWP 1--Aids to Navigation

NWP 2--Structures in Artificial Canals

NWP 3--Maintenance

NWP 4--Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities

NWP 5--Scientific Measurement Devices

NWP 6--Survey Activities

NWP 7--Outfall Structures

NWP 8--Oil and Gas Activities

NWP 9--Structures in Fleeting and Anchorage Areas

NWP 10--Mooring Buoys

NWP 11--Temporary Recreational Structures

NWP 12--Utility Line Backfill and Bedding

NWP 13--Bank Stabilization

NWP 14--Road Crossings

NWP 15--U. S. Coast Guard Approved Bridges

NWP 16--Return Water from Upland Contained Disposal Areas

NWP 17--Hydropower Projects

NWP 18--Minor Discharges

NWP 19--25 Cubic Yard Dredging

NWP 20--Oil Spill Cleanup

NWP 21--Surface Mining Activities

NWP 22--Removal of Vessels

NWP 23--Approved Categorical Exclusions

NWP 24--State Administered Section 404 Programs

NWP 25--Structural Discharge

NWP 26--Headwaters and Isolated Water Discharges

NWP 27--Wetland Restoration Activities

NWP 28--Modifications of Existing Marinas

NWP 29--Single-Family Housing

NWP 30--Moist Soil Management for Wildlife

NWP 31--Maintenance of Existing Flood Control Facilities

NWP 32--Completed Enforcement Actions

NWP 33--Temporary Construction and Access

NWP 34--Cranberry Production Activities

NWP 35--Maintenance Dredging of Existing Basins

NWP 36--Boat Ramps

NWP 37--Emergency Watershed Protection

NWP 38--Cleanup of Hazardous and Toxic Waste

NWP 40--Farm Buildings

   This certification is subject to the following conditions:

Conditions

   1.  Prior to commencing any activity covered by a Nationwide permit, the applicant must obtain all necessary permits or approvals from the Department of Environmental Protection, including, but not limited to, those required by The Clean Streams Law (35 P. S. §§ 691.1--691.1001), the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27), the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003), the Hazardous Sites Cleanup Act (35 P. S. §§ 6020.101--6020.1304), and the regulations promulgated thereunder including 25 Pa. Code Chapters 75, 91--93, 95, 101, 102, 105 and 260--299. All environmental assessments required under these regulations, in addition to other regulatory requirements, must be complied with as a condition of Section 401 water quality certification for the NWPs.

   2.  Fill material cannot contain wastes as defined in the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003).

   3.  For activities which impact on wetlands, a delineation shall be conducted in accordance with Pennsylvania's procedures for wetland delineation. The present procedure is published at 25 Pa. Code § 105.451.

   4.  The Department retains the right, on an individual activity basis, to withdraw or modify 401 water quality certification for an activity subject to a NWP which it determines may adversely impact water quality.

JAMES M. SEIF,   
Secretary

[Pa.B. Doc. No. 97-522. Filed for public inspection April 4, 1997, 9:00 a.m.]


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