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PA Bulletin, Doc. No. 23-117

NOTICES

DEPARTMENT OF
ENVIRONMENTAL PROTECTION

Federal Consistency under the Coastal Zone Management Act; 2023 Maintenance Dredging of the Delaware River Federal Navigation Channel

[53 Pa.B. 675]
[Saturday, January 28, 2023]

 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)), relating to public participation in consistency determinations. The Department of Environmental Protection (Department) Coastal Resources Management Program has received notice that the United States Army Corps of Engineers Philadelphia District (applicant) is proposing the 2023 Maintenance Dredging of the Delaware River Federal Navigation Channel (Project).

 The Applicant's proposed Fiscal Year 2023 Maintenance Dredging of the Federally Authorized Navigation Channels in the Delaware River includes the following activities:

 • In the Philadelphia to Sea channel; hydraulic cutterhead, hopper or mechanical bucket dredging of approximately 300,000 cubic yards of predominately silt material in the Fort Mifflin Facility boat docking area and adjacent Fort Mifflin Range, utilizing a contractor yet to be determined, with upland placement of the dredged material into the Fort Mifflin Federally owned confined disposal facility (CDF). This dredging is scheduled to be conducted during the spring or fall of 2023.

 • In the Philadelphia to Trenton channel; hydraulic hopper or mechanical bucket dredging of approximately 500,000 cubic yards of primarily sand material and some silt between River Miles 106 (station 18+000) and 127 (station 124+700) to include the Fairless Turning Basin with upland confined disposal at one or more of the following CDFs: Palmyra Cove and Cinnaminson in New Jersey, and Fort Mifflin, Money Island and Biles Island in Pennsylvania. This dredging is scheduled to be conducted by a contractor, yet to be determined, in July 2023—March 2024.

 Dredging of the existing Federal navigation channel is proposed to not exceed depths than previously dredged with upland placement of the dredged material into CDFs. The applicant has determined that the dredging activities are not anticipated to result in any negative direct or indirect effects on public access, recreation, historic properties or other coastal uses. The Philadelphia to Trenton project may include approximately between 50,000 and 100,000 cubic yards of sand placement along the Palmyra Cove Nature Park Delaware River shoreline if coordination with the New Jersey Department of Environmental Protection and the Burlington County Bridge Commission can be completed. This shoreline restoration would utilize dredged materials composed of a minimum of 90% sand and like upland placement, is not anticipated to result in any negative direct or indirect effects on public access, recreation, historic properties or other coastal uses.

 This Project is subject to Department review for Federal consistency because it is a Federal agency activity and will have reasonably foreseeable effects on this 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 C (relating to consistency for Federal agency activities), the applicant has determined 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 Determination from the Department contact listed as follows.

 Questions regarding this review should 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, February 13, 2023, before issuing a final Federal consistency concurrence or objection. Comments submitted by facsimile will not be accepted. 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. Written comments can be submitted by e-mail to ecomment@pa.gov or by mail to the Department of Environmental Protection, Policy Office, Rachel Carson State Office Building, P.O. Box 2063, Harrisburg, PA 17105-2063.

RICHARD NEGRIN, 
Acting Secretary

[Pa.B. Doc. No. 23-117. Filed for public inspection January 27, 2023, 9:00 a.m.]


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