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PA Bulletin, Doc. No. 21-478

NOTICES

DEPARTMENT OF
ENVIRONMENTAL PROTECTION

Federal Consistency under the Coastal Zone Management Act; Desert Diamond 34, LP Piers 34 and 35 Redevelopment Project

[51 Pa.B. 1747]
[Saturday, March 27, 2021]

 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 during consistency determinations. The Department of Environmental Protection's (Department), Coastal Resources Management Program has received notice that Desert Diamond 34, LP is proposing the Piers 34 and 35 Redevelopment Project (Project) in the City of Philadelphia.

 The Project involves the redevelopment of Piers 34 and 35 South in the Delaware River. Both piers are currently unused and structurally deficient. This Project would involve the construction of a 22-story residential tower and parking garage within a portion of the existing Pier 34 footprint and a public access park comprising a pile-supported elevated walkway with two observation platforms. The elevated walkway would be partly constructed within a portion of the original Pier 35 footprint and would extend out into the Delaware River, remaining landward of the pierhead line. Approximately 2,619 cubic yards (0.23 acre) of collapsed pier material and debris would be removed from a 10,100-square foot area of the river at the end of Pier 34. In total, the proposed project would have an in-water footprint of 20,993 square feet (0.48 acre), 5,175 cubic yards of fill material within the piles and reconstructed bulkheads below the high tide line, and 23,095 square feet of new overwater coverage from the high deck between Piers 34 and 35 and the elevated walkway and from the roof overhang of the 22-story building on Pier 34. Of the 0.48-acre benthic footprint, 0.47 acre comprise the piles and constructed bulkheads, and 0.01 acre comprise the dissipation pads for the two stormwater outfalls. The portion of this total in-water footprint that would be located within the mudflat is 348 square feet, resulting in 50 cubic yards of fill, and 19,540 square feet of overwater coverage. Desert Diamond 34, LP is applying to the United States Army Corps of Engineers for a permit under section 404 of the Clean Water Act (33 U.S.C.A. § 1344) to conduct the Project.

 This Project is subject to Department review for Federal consistency because it is a Federal license and permit activity and will have reasonably foreseeable effects on the 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), Desert Diamond 34, LP 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, April 12, 2021, before issuing a final Federal consistency concurrence or objection. Comments submitted by facsimile will not be accepted. All comments, including comments submitted by e-mail, must include the commentator's name and address. Commentators are encouraged to submit comments using the Department's online eComment tool at www.ahs.dep.pa.gov/eComment or by e-mail to ecomment@pa.gov. Written comments can be mailed to the Department of Environmental Protection, Policy Office, 400 Market Street, P.O. Box 2063, Harrisburg, PA 17105-2063.

PATRICK McDONNELL, 
Secretary

[Pa.B. Doc. No. 21-478. Filed for public inspection March 26, 2021, 9:00 a.m.]


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