NOTICES
Proposed Modification to General Permit BWQP-GP-15: Private Residential Construction in Wetlands and 401 Water Quality Certification for Consistency with the Pennsylvania State Programmatic General Permit 4 (PASPGP-4)
[41 Pa.B. 4257]
[Saturday, August 6, 2011]The Department of Environmental Protection (Department), under the authority of section 7 of the Dam Safety and Encroachments Act (32 P. S. § 693.7) and 25 Pa. Code Chapter 105, Subchapter L (relating to general permits), proposes to modify General Permit BWQP-GP-15 which allows the placement and maintenance of fill in, or the excavation of, wetlands for the construction of a private residence, driveway, storage shed and utilities, on residential lots within established subdivisions where these activities do not impact greater than 0.50 acre of wetland. The General Permit BDWW-GP-15 was initially published in final-form at 26 Pa.B. 526 (February 3, 1996) and the Department issued a modified BDWW-GP-15, renamed BWQP-GP-15, at 27 Pa.B. 1195 (March 8, 1997).
The proposed modifications are minor and are meant to provide consistency with the Pennsylvania State Programmatic General Permit 4 (PASPGP-4). On June 3, 2011, the Army Corps of Engineers (Corps) published Special Public Notice—11-44, issuing PASPGP-4 for a 5-year period with an effective date of July 1, 2011. The Department published Water Quality Certification under section 401(a) of the Federal Clean Water Act (33 U.S.C.A. § 1341(a)) and a determination of Coastal Zone Management Consistency under section 307 of the Coastal Zone Management Act of 1972 (16 U.S.C.A. § 1456) for PASPGP-4 at 41 Pa.B. 3938 (July 16, 2011).
Prior to the development and issuance of PASPGP-4, applicants seeking to perform activities authorized under BWQP-GP-15 would register use of BWQP-GP-15 with the Department regional office and then seek Corps auth- orization separately. BWQP-GP-15 is eligible for PASPGP-4 and therefore continues a streamlined process for permit applicants without compromising comprehensive environmental protection. The minor proposed modifications are limited to the registration process which removes reference to separate Corps authorization and a separate registration form and incorporates BWQP-GP-15 into the same registration process as the other Chapter 105 General Permits.
401 Water Quality Certification
The projects covered by the proposed modified General Permit BWQP-GP-15 may also require a Federal license or permit. Section 401(a) of the Federal Clean Water Act requires that any applicant for a Federal license or permit to conduct any activity which may result in any discharge into the waters of the United States provide the Federal licensing or result in any discharge into the waters of the United States provide the Federal licensing or permitting agency a certificate from the state in which the discharge will originate that the discharge will comply with applicable provisions of The Clean Water Act as well as applicable state law related to water quality protection.
The Department, by this notice, proposes to certify that the construction, operation, maintenance and removal of any encroachment or water obstruction as proposed in the amended BWQP-GP-15 complies with the applicable provisions of sections 301—303, 306 and 307 of the Federal Clean Water Act (33 U.S.C.A. §§ 1311—1313, 1316 and 1317). The Department further proposes to certify that the construction, operation, maintenance and removal of the projects comply with applicable state laws related to water quality protection and standards provided that the construction, operation and maintenance complies with the criteria and conditions of the permit.
This certification is further subject to the following conditions:
1. Prior to beginning any activity covered by the General Permit, the applicant must obtain all other necessary permits or approvals from the Department, including, but not limited to, those required by The Clean Streams Law (35 P. S. §§ 691.1—691.1001), the Dam Safety and Encroachments Act (32 P. S. §§ 693.1—693.27) and the regulation promulgated thereunder including 25 Pa. Code Chapters 75, 91, 92a, 93, 95, 101, 102 and 105.
2. Fill material cannot contain wastes as defined in the Solid Waste Management Act (35 P. S. §§ 6018.101—6018.1003).
A copy of the draft modified General Permit will be made available on the Department's web site at www.depweb.state.pa.us (DEP Keyword: Public Participation; select Proposals Open for Comment). A copy of the draft revised General Permit may also be obtained by contacting the Department of Environmental Protection, Bureau of Watershed Management, Division of Waterways, Wetlands and Stormwater Management, P. O. Box 8775, Harrisburg, PA 17105-8775. Persons with a disability may obtain these documents by contacting the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD users) or (800) 654-5988 (voice users).
The Department requests written comments on the proposed modifications to this General Permit by October 7, 2011. Comments received by facsimile will not be accepted. Interested persons may submit written comments, suggestions or objections to the Department of Environmental Protection, Bureau of Bureau of Watershed Management, Division of Waterways, Wetlands and Stormwater Management, P. O. Box 8775, Harrisburg, PA 17105-8775, ra-gp15comments@state.pa.us. Questions can be addressed by calling (717) 787-6827 or e-mailing kmurin@state.pa.us.
MICHAEL L. KRANCER,
Secretary
[Pa.B. Doc. No. 11-1324. Filed for public inspection August 5, 2011, 9:00 a.m.]
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