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PA Bulletin, Doc. No. 06-1331

NOTICES

Dam Safety and Waterway Management

[36 Pa.B. 3725]
[Saturday, July 15, 2006]

Water Quality Certification under Section 401 of the Federal Clean Water Act and Coastal Zone Management Consistency under the Coastal Zone Management Act of 1972 for the Army Corps of Engineers Pennsylvania State Programmatic General Permit (PASPGP-3)

   On December 27, 2005, the Baltimore, Philadelphia and Pittsburgh Districts of the Army Corps of Engineers, under the authority of section 404(e) of the Federal Clean Water Act (33 U.S.C.A. § 1344(e)), proposed by its Special Public Notice 05-54, to reissue with modifications the State Programmatic General Permit to the Commonwealth (PASPGP-3). Section 401(a) of the Federal Clean Water Act (33 U.S.C.A. § 1341(a)) requires the State to certify that any activity requiring a Federal license or permit, which may result in a discharge into the waters of the United States, will comply with the applicable provisions of the Federal Clean Water Act as well as applicable State law related to water quality protection. In addition, section 307 of the Federal Coastal Zone Management Act of 1972 (33 U.S.C.A § 1456) requires that any Federal action that has reasonable foreseeable effects on a state's coastal zone must be consistent with the enforceable policies of a coastal state's Federally approved coastal management program. On June 12, 2006, the Army Corps of Engineers published Special Public Notice No. 06-35, reissuing the Pennsylvania State Programmatic General Permit (PASPGP-2) as PASPGP-3 for a 5-year period with an effective date of July 1, 2006. The PASPGP-3 is available for use as of July 15, 2006.

   This action by the Army Corps of Engineers continues the present Federal permitting process undertaken jointly with the State process for activities affecting waterways, water bodies, and wetlands authorized under the State's Dam Safety and Encroachment Act. PASPGP-3 places the Department of Environmental Protection (Department) regional offices and delegated county conservation districts in the lead for the majority of permit actions. Through the incorporation of Federal and State permitting standards in one process, the PASPGP-3 continues a streamlined process for permit applicants without compromising comprehensive environmental protection.

   At 36 Pa.B. 2772 (June 3, 2006), the Department requested public comment on the proposed 401 Water Quality Certification and Coastal Zone Management Consistency for PASPGP-3. No comments were submitted to the Department during the 30-day public comment period, which concluded on July 3, 2006; therefore, the Department hereby provides public notice that 401 Water Quality Certification has been issued for the construction, operation and maintenance of an encroachment or water obstruction as proposed in PASPGP-3 and that those projects were determined to comply with the applicable provisions of sections 301--303, 306 and 307 of the Clean Water Act (33 U.S.C.A. §§ 1311--1313, 1316 and 1317). The Department has further certified that the construction, operation and maintenance of the projects complies with applicable State laws related to water quality protection and that the construction, operation and maintenance of the projects does not violate applicable State water quality standards provided that the construction, operation and maintenance of the projects complies with the criteria and conditions of the permit.

   Finally, the Department has concurred with the Army Corps of Engineers' determination that the use of the PASPGP-3 is consistent with the Coastal Resources Management Program of this Commonwealth. Copies of the PASPGP-3, the 401 Water Quality Certification and the Coastal Resources Management Program's consistency concurrence may be obtained by contacting Kenneth Murin, Chief, Division of Waterways, Wetlands, and Stormwater Management, Bureau of Watershed Management, P. O. Box 8775, Harrisburg, PA 17105-8775, (717) 787-6827 or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD).

KATHLEEN A. MCGINTY,   
Secretary

[Pa.B. Doc. No. 06-1331. Filed for public inspection July 14, 2006, 9:00 a.m.]


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