NOTICES
DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Federal Consistency under the Coastal Zone Management Act; Penn Terminals, LLC Eddystone Facility Maintenance Dredging
[51 Pa.B. 7792]
[Saturday, December 11, 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 in consistency determinations. The Department of Environmental Protection (Department), Coastal Resources Management Program has received notice that Penn Terminals, LLC (applicant) is proposing to conduct maintenance dredging at their Eddystone facility in Delaware County (Project).
The applicant's proposed Project involves the performance of maintenance dredging, by mechanical or bucket method, within their existing ship berth area as previously authorized by the United States Army Corps of Engineers (USACE) under section 404 of the Clean Water Act (33 U.S.C.A. § 1344). The applicant's current Federal authorization under section 404 of the Clean Water Act is scheduled to expire on December 31, 2021. The total area proposed to be authorized for dredging is approximately 11 acres in size. The applicant is planning to conduct an initial dredging event upon issuance of a USACE permit, currently scheduled between October 1, 2021, and March 14, 2022. The prior permit authorized dredging to a maximum depth of 36 feet below mean low water elevation (MLW), with allowance for 2 feet of over-dredging, for a total maximum depth of -38 feet MLW. The applicant has stated that berthing of vessels at Penn Terminals requires minor maintenance dredging to an elevation of -38 feet MLW (with a 2 foot over dredge allowance). To accommodate vessels in this area of the wharf, dredging of approximately 8,000 cubic yards of sediment is anticipated during the initial dredge event. The applicant is requesting a maintenance dredge permit for a period of 10 years. Maintenance dredging events are anticipated to occur approximately every 2 years over a ten year span. Up to 5,000 cubic yards of material would be dredged during each subsequent dredge event, following the initial event, for a maximum total volume of 33,000 cubic yards to be dredged over the 10 year span of the proposed permit (up to six total events). The maintenance dredging would be performed by mechanical clamshell method loading directly into dump scows. Dredging would extend a maximum of 401 feet from the bulkhead and no closer than 774 feet from the edge of the Federal navigation channel. Removal of high spots by means of a ''chisel barge'' or dropping a steel pipe to break up the material is also requested to be permitted. The dump scows will be transported to either Whites Basin in Logan Township, Gloucester County, NJ or the Waste Management Biles Island disposal facility in Falls Township, Bucks County.
This Project is subject to Department review for Federal consistency because it is an activity requiring a Federal license or permit 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 D (relating to consistency for activities requiring a federal license or permit). The applicant 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, December 27, 2021, 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 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. 21-2073. Filed for public inspection December 10, 2021, 9:00 a.m.]
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