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PA Bulletin, Doc. No. 00-752

NOTICES

Initial Notice of Request for Certification under Section 401 of the Federal Clean Water Act and Coastal Zone Management Consistency Determination for the Issuance and Modification of Section 404 Nationwide Permits by the United States Army Corps of Engineers

[30 Pa.B. 2307]

   This notice pertains to the issuance and modification of United States Army Corps of Engineers (Corps) Nationwide Permits (NWPs) under section 404 of the Federal Clean Water Act (act). At the present time, these NWPs do not alter Pennsylvania's existing wetland protection program. The final NWPs may impact citizens who are required to receive Federal authorization or permits for these activities.

   On March 9, 2000, the Corps published in the Federal Register (65 Fed. Reg. 12818) its application for certification under section 401(a) of the Federal Clean Water Act (33 U.S.C.A. § 1341(a)) that the activities described in the Federal Register notice 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 (CZM) Act, 16 U.S.C.A. § 1456, for activities within or affecting the coastal zone of the Commonwealth of Pennsylvania.

   In its Federal Register Notice, the Corps issued five new NWPs, modified six existing NWPs, amended nine NWP general conditions, and added two new NWP general conditions. The Federal Register notice also provides that NWP 26 will expire on June 5, 2000. A list of new and modified NWPs and new and modified NWP conditions follows. Further information on this Federal action is available by accessing the Corps Home Page at http://www.usace.army.mil/inet/functions/cw/cecwo/reg or by contacting David Olsen or Sam Collinson at (202) 761-0199.

   Persons wishing to comment on this application for 401 Water Quality Certification and CZM consistency are invited to submit comments by June 5, 2000, to Ken Reisinger, Chief, Division of Waterways, Wetlands and Erosion Control, P. O. Box 8775, Harrisburg, PA 17105-8775. 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. Prior to final action on this application, consideration will be given to any comments, suggestions or objections which are submitted in writing by June 5, 2000. 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 comments if deemed necessary.

   Electronic Comments--Comments may be submitted electronically to the Department at Reisinger.Kenneth@ 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 by June 5, 2000.

New Nationwide Permits

   39.  Residential, Commercial and Institutional Developments.

   41.  Reshaping Existing Drainage Ditches.

   42.  Recreational Facilities.

   43.  Stormwater Management Facilities.

   44.  Mining Activities.

Modified Nationwide Permits

   3.  Maintenance.

   7.  Outfall Structures and Maintenance.

   12.  Utility Activities.

   14.  Linear Transportation Crossings.

   27.  Stream and Wetland Restoration Activities.

   40.  Agricultural Activities.

New General Permit Conditions

   25.  Designated Critical Resource Waters.

   26.  Fills within 100-Year Floodplains.

Modified General Conditions

   4.  Aquatic Life Movements.

   9.  Water Quality.

   11.  Endangered Species.

   13.  Notification.

   15.  Use of Multiple Nationwide Permits.

   17.  Shellfish Beds.

   19.  Mitigation.

   20.  Spawning Areas.

   21.  Management of Water Flows.

JAMES M. SEIF,   
Secretary

[Pa.B. Doc. No. 00-752. Filed for public inspection May 5, 2000, 9:00 a.m.]


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