DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES
Land Exchange with the Turnpike Commission; State Park Natural Area Designation Change at Hickory Run State Park
[47 Pa.B. 7326]
[Saturday, December 2, 2017]The Department of Conservation and Natural Resources (Department), Bureau of State Parks, has approved a project with the Turnpike Commission (Commission) for the replacement of the Commission's Hawk Falls Bridge located adjacent to Hickory Run State Park and adjacent to the Hickory Run State Park Mud Run Natural Area, Forest and Kidder Townships, Carbon County. This project falls within the Pennsylvania Turnpike's Northeast extension (I-476), which bisects a portion of Hickory Run State Park.
This notice consists of two parts:
Part A: An amendment to the State Parks Natural Areas listing to remove 10 acres of State park land from the designation as it relates to construction for this project.
Part B: A land exchange proposal consisting of the Commission's permanent right-of-way (ROW) of 14.244 acres of State park land in exchange for 46.649 acres of replacement lands.
Part A: Amendment to the State Parks Natural Areas Listing
Summary: The following areas are proposed to be amended as part of the State Parks Natural Areas listing under 17 Pa. Code § 17.5 (relating to Natural Area designation procedure). The Commission has proposed a permanent ROW acquisition of State park land for the purpose of the Hawks Falls Bridge replacement project, Penn Forest and Kidder Townships, Carbon County. The purpose of this amendment is to remove approximately 9.7 acres of land located within the Hickory Run State Park Mud Run Natural Area designation.
State Parks Natural Areas Proposed Amendment Original proposal and subsequent adoption:
Name Acreage Park Location Feature Mud Run 1,335 Hickory Run Carbon County, Hickory Run
Quad, north of Pennsylvania
Route 903Remote mountain stream lined with rhododendron and eastern hemlock, buffered by mature hardwood forest. Stream contains a viable native trout population. Proposed amendment:
Name Acreage Park Location Feature Mud Run 1,325 Hickory Run Carbon County, Hickory Run
Quad, north of Pennsylvania
Route 903Remote mountain stream lined with rhododendron and eastern hemlock, buffered by mature hardwood forest. Stream contains a viable native trout population.
The original advertisement for the addition of the Mud Run Natural Area was published at 26 Pa.B. 2828 (June 15, 1996).
Project documents will be available for review from December 2, 2017, until January 1, 2018, at the Hickory Run State Park Office and on the Commission's web site at www.patpconstruction.com/mpA89/.
Questions or comments on this proposed amendment should be forwarded to John Hallas, Director, Bureau of State Parks, Attn: RMPD—Planning Section, P.O. Box 8551, Harrisburg, PA 17105-8551, RA-Park-Operations@pa.gov. Comments must be received within 30 days following publication of this notice.
Part B: Commission—Land Exchange
Summary: The Commission proposes to replace the Hawk Falls Bridge, located adjacent to Hickory Run State Park and adjacent to the Hickory Run State Park Mud Run Natural Area, Forest and Kidder Townships, Carbon County. This project falls within the Pennsylvania Turnpike's Northeast extension (I-476), which bisects a portion of Hickory Run State Park. The Commission is proposing a permanent ROW acquisition of State park land consisting of 14.244 acres which is needed for the purposes of constructing a new bridge. The lands now comprising Hickory Run State Park were divested from the Federal government as a Recreational Demonstration Area, which affords these lands additional protections to those already prescribed in 17 Pa. Code Chapter 15 (relating to State Parks Natural Areas—statement of policy). In addition, these lands are also encumbered by the National Park Service's Land and Water Conservation Fund (LWCF) program. LWCF funds were used to help develop the facilities within the Hickory Run State Park. Subsequently, due to the aforementioned Federal restrictions, the Commission is required to provide replacement lands that exceed both the acreage and appraised value of the land being taken. To that end, the Commission is working to fulfill the requirements for the land exchange as required by the Department's Bureau of State Parks, the National Park Service's Recreational Demonstration Area administrators and the LWCF administrators. Some of the land exchange requirements include official land surveys, yellow-book appraisals, Environmental Site Assessments, NEPA-level environmental analysis and a Determination of Effects report.
Therefore, the Department's Bureau of State Parks is proposing to grant to the Commission a permanent ROW acquisition of 14.244 acres of State park land. In exchange, the Commission will provide the Department's Bureau of State Park with 46.649 acres of replacement lands as more fully described as follows.
1) 14.244 acres of State park land for use as a permanent ROW with the Commission. These permanent ROW to be conveyed from the Department's Bureau of State Parks to the Commission exist as three separate areas, all adjacent to the bridge replacement project lands. a) Area A—10.689 acres; b) Area B—3.127 acres; and c) Area C—0.428 acre:
a) Area A—10.689 acres—required ROW for limited access
All that certain tract or parcel of land situate in Penn Forest and Kidder Townships, Carbon County, and being bounded and described according to the Commission's Plan No. R/W 8996-C, WBS No. A-088.59S001-3-02, October 11, 2017, mile post A-87.94 to A-89.36, and as follows to wit:
Beginning at a point in the East Legal ROW Line for Limited Access at its intersection of the new Required ROW Line for Limited Access, said point being located 100.00 feet right of and opposite I-476 Survey and ROW Baseline Station 925+50.00;
Thence along the former East Legal ROW Line for Limited Access for the following 11 courses and distances:
1. North 12°32`22" West a distance of 2,993.42 feet to a point being located 14.10 feet right of and opposite I-476 Survey and ROW Baseline Station 955+46.57;
2. North 13°07`36" West a distance of 158.63 feet to a point being located 15.34 feet right of and opposite I-476 Survey and ROW Baseline Station 957+04.83;
3. North 08°27`19" West a distance of 101.87 feet to a point being located 26.49 feet right of and opposite I-476 Survey and ROW Baseline Station 958+05.75;
4. North 17°22`34" West a distance of 405.57 feet to a point being located 23.91 feet right of and opposite I-476 Survey and ROW Baseline Station 962+09.79;
5. North 18°12`50" West a distance of 202.61 feet to a point being located 29.30 feet right of and opposite I-476 Survey and ROW Baseline Station 964+11.49;
6. North 13°52`38" West a distance of 104.85 feet to a point being located 42.51 feet right of and opposite I-476 Survey and ROW Baseline Station 965+14.93;
7. North 09°36`08" East a distance of 40.65 feet to a point being located 63.65 feet right of and opposite I-476 Survey and ROW Baseline Station 965+49.37;
8. North 20°58`50" West a distance of 266.64 feet to a point being located 73.38 feet right of and opposite I-476 Survey and ROW Baseline Station 968+13.01;
9. North 31°07`10" West a distance of 205.21 feet to a point being located 52.11 feet right of and opposite I-476 Survey and ROW Baseline Station 970+15.13;
10. Along a curve to the left having a radius of 7,739.49 feet, an arc length of 1,085.24 feet, and a chord course of North 27°28`51" West a chord distance of 1,084.35 feet to a point being located 99.38 feet right of and opposite I-476 Survey and ROW Baseline Station 980+92.79;
11. North 31°29`52" West for a distance of 827.60 feet to a point at the intersection with the new Required ROW Line for Limited Access, being located 99.38 feet right of and opposite I-476 Survey and ROW Baseline Station 989+00.00;
Thence along the new Required ROW Line for Limited Access and along the remaining land of the Grantor for the following 22 courses and distances;
1. South 36°35`12" East a distance of 401.58 feet to a point being located 135.00 feet right of and opposite I-476 Survey and ROW Baseline Station 985+00.00;
2. South 31°29`52" East a distance of 200.00 feet to a point being located 135.00 feet right of and opposite I-476 Survey and ROW Baseline Station 983+00.00;
3. South 28°05`40" East a distance of 421.13 feet to a point being located 110.00 feet right of and opposite I-476 Survey and ROW Baseline Station 979+00.00;
4. South 30°44`12" East a distance of 605.40 feet to a point being located 110.00 feet right of and opposite I-476 Survey and ROW Baseline Station 973+00.00;
5. South 35°14`16" East a distance of 570.35 feet to a point being located 200.00 feet right of and opposite I-476 Survey and ROW Baseline Station 967+50.00;
6. South 23°28`02" East a distance of 51.57 feet to a point being located 200.00 feet right of and opposite I-476 Survey and ROW Baseline Station 967+00.00;
7. South 22°20`32" East a distance of 206.27 feet to a point being located 200.00 feet right of and opposite I-476 Survey and ROW Baseline Station 965+00.00;
8. South 01°57`50" East a distance of 269.90 feet to a point being located 115.00 feet right of and opposite I-476 Survey and ROW Baseline Station 962+50.00;
9. South 16°48`47" East a distance of 356.18 feet to a point being located 110.00 feet right of and opposite I-476 Survey and ROW Baseline Station 959+00.00;
10. South 12°50`07" East a distance of 406.48 feet to a point being located 100.00 feet right of and opposite I-476 Survey and ROW Baseline Station 955+00.00;
11. South 12°32`22" East a distance of 325.00 feet to a point being located 100.00 feet right of and opposite I-476 Survey and ROW Baseline Station 951+75.00;
12. South 77°27`38" West a distance of 45.00 feet to a point being located 55.00 feet right of and opposite I-476 Survey and ROW Baseline Station 951+75.00;
13. South 12°32`22" East a distance of 675.00 feet to a point being located 55.00 feet right of and opposite I-476 Survey and ROW Baseline Station 945+00.00;
14. North 77°27`38" East a distance of 45.00 feet to a point being located 100.00 feet right of and opposite I-476 Survey and ROW Baseline Station 945+00.00;
15. South 12°32`22" East a distance of 400.00 feet to a point being located 100.00 feet right of and opposite I-476 Survey and ROW Baseline Station 941+00.00;
16. South 12°27`32" East a distance of 279.21 feet to a point being located 105.00 feet right of and opposite I-476 Survey and ROW Baseline Station 938+25.00;
17. South 08°19`22" East a distance of 431.03 feet to a point being located 105.00 feet right of and opposite I-476 Survey and ROW Baseline Station 934+00.00;
18. South 67°42`09" East a distance of 246.22 feet to a point being located 320.00 feet right of and opposite I-476 Survey and ROW Baseline Station 932+80.00;
19. South 11°16`07" East a distance of 221.96 feet to a point being located 335.00 feet right of and opposite I-476 Survey and ROW Baseline Station 930+50.00;
20. South 47°41`54" West a distance of 155.97 feet to a point being located 205.00 feet right of and opposite I-476 Survey and ROW Baseline Station 929+60.00;
21. South 73°23`38" West a distance of 75.63 feet to a point being located 130.00 feet right of and opposite I-476 Survey and ROW Baseline Station 929+50.00;
22. South 06°40`56" East a distance of 394.41 feet to the place of beginning.
Containing 10.689 acres.
The previously described premises (Area A) includes 0.203 acre of existing Legal ROW for SR 534 and 0.014 acre of existing Legal Drainage Easement for I-476. This premises (Area A) is also subject to a 20-foot wide existing ROW for PPL Electric Utilities Corporation and Verizon.
b) Area B—3.127 acres—required ROW for limited access
All that certain tract or parcel of land situate in Penn Forest and Kidder Townships, Carbon County, and being bounded and described according to the Commission's Plan No. R/W 8996-C, WBS No. A-088.59S001-3-02, October 11, 2017, mile post A-87.94 to A-89.36, and as follows to wit:
Beginning at a point in the West Legal ROW Line for Limited Access at its intersection of the new Required ROW Line for Limited Access, said point being located 186.00 feet left of and opposite I-476 Survey and ROW Baseline Station 953+50.00;
Thence along the new Required ROW Line for Limited Access and along the remaining land of the Grantor for the following six courses and distances:
1. North 50°43`49" West a distance of 95.43 feet to a point being located 245.00 feet left of and opposite I-476 Survey and ROW Baseline Station 954+25.00;
2. North 14°24`35" West a distance of 171.59 feet to a point being located 250.00 feet left of and opposite I-476 Survey and ROW Baseline Station 956+00.00;
3. North 14°11`39" West a distance of 529.10 feet to a point being located 235.00 feet left of and opposite I-476 Survey and ROW Baseline Station 961+50.00;
4. North 34°36`00" West a distance of 248.14 feet to a point being located 300.00 feet left of and opposite I-476 Survey and ROW Baseline Station 964+00.00;
5. North 22°54`17" West a distance of 500.12 feet to a point being located 300.00 feet left of and opposite I-476 Survey and ROW Baseline Station 969+25.00;
6. North 14°46`55" East a distance of 223.05 feet to a point the intersection with the West Legal ROW Line for Limited Access, being located 154.13 feet left of and opposite I-476 Survey and ROW Baseline Station 971+00.00;
Thence along the former West Legal ROW Line for Limited Access of I-476 for the following 11 courses and distances:
1. Along a curve to the right having a radius of 7,529.49 feet, an arc length of 221.13 feet and a chord course of South 23°10`48" East for a chord distance of 221.12 feet to a point being located 164.33 feet left of and opposite I-476 Survey and ROW Baseline Station 968+73.43;
2. South 14°03`44" East a distance of 148.99 feet to a point being located 190.36 feet left of and opposite I-476 Survey and ROW Baseline Station 967+22.53;
3. South 20°39`04" East a distance of 147.45 feet to a point being located 195.79 feet left of and opposite I-476 Survey and ROW Baseline Station 965+70.57;
4. South 22°49`09" East a distance of 39.78 feet to a point being located 195.15 feet left of and opposite I-476 Survey and ROW Baseline Station 965+29.54;
5. South 24°52`30" East a distance of 33.01 feet to a point being located 193.24 feet left of and opposite I-476 Survey and ROW Baseline Station 964+95.55;
6. South 23°44`54" East a distance of 273.23 feet to a point being located 176.03 feet left of and opposite I-476 Survey and ROW Baseline Station 962+14.69;
7. South 16°42`50" East a distance of 197.38 feet to a point being located 180.33 feet left of and opposite I-476 Survey and ROW Baseline Station 960+11.67;
8. South 12°18`42" East a distance of 197.50 feet to a point being located 193.49 feet left of and opposite I-476 Survey and ROW Baseline Station 958+08.65;
9. South 14°05`20" East a distance of 98.56 feet to a point being located 194.65 feet left of and opposite I-476 Survey and ROW Baseline Station 957+06.99;
10. South 16°49`53" East a distance of 154.75 feet to a point being located 185.90 feet left of and opposite I-476 Survey and ROW Baseline Station 955+47.73;
11. South 12°32`22" East a distance of 196.65 feet to the place of beginning.
Containing 3.127 acres.
The previously described premises (Area B) includes 0.083 acre of existing Legal ROW for SR 0534. This premises (Area B) is also subject to a 20-foot wide existing ROW for PPL Electric Utilities Corporation and Verizon.
c) Area C—0.428 acre—required ROW for wetland mitigation
All that certain tract or parcel of land situate in Penn Forest and Kidder Townships, Carbon County, and being bounded and described according to the Commission Plan No. R/W 8996-C, WBS No. A-088.59S001-3-02, October 11, 2017, mile post A-87.94 to A-89.36, and as follows to wit:
Beginning at a point in the new East Required ROW Line for Limited Access (Area A), also in the North Legal ROW of Hickory Run Road (SR 0534), said point being located 199 feet, more or less, left of and opposite I-476 Survey and ROW Baseline Station 965+72±;
Thence along the new East Required ROW Line for Limited Access (Area A) North 22°20`32" West a distance of 131.75 feet to a point being located 200.00 feet right of and opposite I-476 Survey and ROW Baseline Station 967+00.00;
Thence along the remaining land of the Grantor and the Required ROW Line for Wetland Mitigation for the following two courses and distances:
1. North 80°24`32" East a distance of 133.70 feet to a point being located 330.00 feet right of and opposite I-476 Survey and ROW Baseline Station 966+70.00;
2. South 73°54`43" East a distance of 111.57 feet to a point in the North Legal ROW Line of Hickory Run Road (SR 0534), being located 417.00 feet right of and opposite I-476 Survey and ROW Baseline Station 966+04±;
Thence along the North Legal ROW Line of SR 0534 for the following two courses and distances:
1. Along a curve to the right having a radius of 686.78 feet, an arc length of 159.41 feet and a chord course of South 57°13`02" West for a chord distance of 159.05 feet to a point being located 261 feet, more or less, right of and opposite I-476 Survey and ROW Baseline Station 965+76±;
2. South 63°52`00" West a distance of 61.52 feet to the place of beginning.
Containing 0.428 acre.
This premises (Area C) is subject to an existing 20 foot wide ROW for PPL Electric Utilities Corporation and Verizon.
2) 46.649 acres of replacement land to be conveyed to the Commonwealth, acting by and through the Department's Bureau of State Parks. This replacement land exists as two contiguous parcels. a) Parcel 1—38.014 acres; and b) Parcel 2—8.635 acres:
a) Parcel 1—38.014 acres State Park Replacement Land:
38.014 acres of the 46.649 acres to be encumbered by the National Park Service, Recreational Demonstration Area (RDA), restriction. These lands shall also be encumbered by the LWCF restriction:
All that certain tract or parcel of land situate in Penn Forest Township, Carbon County, and being bounded and described according to the Commision's Plan No. R/W 8996-D-ADV, WBS No. A-088.59S001-4-01, dated October 11, 2017, mile post A-87.94 to A-89.36, and as follows to wit:
Beginning at an iron pin set in the West legal ROW line of Old Stage Road (T-516), also at the Northeast corner of the land of the Grantors herein;
Thence along the West legal ROW line of Old Stage Road (T-516) for the following two courses and distances:
1. South 19°38`02" East a distance of 469.60 feet to a point;
2. South 32°22`52" East a distance of 46.70 feet to an iron pin set at the North corner of Parcel 2;
Thence along the West line of Parcel 2 South 3°42`53" West a distance of 1,125.80 feet to an iron pin set at the Southwest corner of Parcel 2 and also in the North line of land of N/F Dennis W. Moore, Sr. and Patricia L. Moore, husband and wife;
Thence along the North line of land of the same South 70°41`24" West a distance of 785.39 feet to an iron pin found in the East line of N/F this Commonwealth (Hickory Run State Park);
Thence along the East line of land of the same North 18°48`34" West a distance of 1,549.57 feet to a stone monument found at the Southwest corner of land of N/F Stewart R. Possinger and A. Louis Forsha;
Thence along the South line of land of the same North 70°36`35" East a distance of 1,198.97 feet to the place of beginning.
Containing 38.014 acres.
b) Parcel 2—8.635 acres State Park Replacement Land:
8.635 acres of the 46.649 acres. This 8.635 acres shall not be encumbered by the RDA restriction or the LWCF restriction:
All that certain tract or parcel of land situate in Penn Forest Township, Carbon County and being bounded and described according to the Commision's Plan No. R/W 8996-D-ADV, WBS No. A-088.59S001-4-01, dated October 11, 2017, mile post A-87.94 to A-89.36, and as follows to wit:
Beginning at an iron pin set in the West legal ROW line of Old Stage Road (T-516), also at the Southeast corner of the land of the Grantors herein;
Thence along the South line of the land of the Grantors herein, also being the North line of the land of N/F Dennis W. Moore, Sr. and Patricia L. Moore, husband and wife, for the following two courses and distances:
1. South 62°00`10" West a distance of 500.50 feet to an iron pin set;
2. South 70°41`24" West a distance of 240.17 feet to an iron pin set at the Southeast corner of Parcel 1—State Park Replacement Land;
Thence along the East line of Parcel 1—State Park Replacement Land North 3°42`53" East a distance of 1,125.80 feet to an iron pin set in the West legal ROW line of Old Stage Road (T-516);
Thence along the West legal ROW line of Old Stage Road (T-516) for the following five courses and distances:
1. South 32°22`52" East a distance of 117.73 feet to a point;
2. South 36°27`45" East a distance of 302.14 feet to a point;
3. South 40°53`00" East a distance of 141.92 feet to a point;
4. South 40°59`06" East a distance of 271.35 feet to a point;
5. South 28°00`24" East a distance of 175.00 feet to the place of beginning.
Containing 8.635 acres.
Parcel 2 is subject to an existing 100 foot wide PPL Electric Utility Corporation ROW and a 50 foot wide Buckeye Pipeline ROW.
Project documents will be available for review from December 2, 2017, until January 1, 2018, at the Hickory Run State Park Office and on the Commission's web site at www.patpconstruction.com/mpA89/.
Questions or comments on this land exchange should be forwarded to John Hallas, Director, Bureau of State Parks, Attn: RMPD—Planning Section, P.O. Box 8551, Harrisburg, PA 17105-8551, RA-Park-Operations@pa.gov. Comments must be received within 30 days following publication of this notice.
CINDY ADAMS DUNN,
Secretary
[Pa.B. Doc. No. 17-1975. Filed for public inspection December 1, 2017, 9:00 a.m.]
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