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PA Bulletin, Doc. No. 23-499

NOTICES

DEPARTMENT OF
ENVIRONMENTAL PROTECTION

Federal Consistency under the Coastal Zone Management Act; City of Erie and Erie Sewer Authority, Mill Creek Channel Wall Rehabilitation

[53 Pa.B. 2122]
[Saturday, April 15, 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 City of Erie and the Erie Sewer Authority (applicant) are proposing to rehabilitate the Mill Creek channel wall (Project).

 The applicant is proposing to stabilize the concrete channel walls of Mill Creek which will help to mitigate future hazardous occurrences from happening directly to the water body. The concrete channel walls have been in existence since the 1900s and need maintenance. The applicant projects that if stabilization measures are not taken, hazardous events such as concrete debris falling in the waterway due to the cracking channel walls could occur. Possible short-term impacts during construction consist of minor, temporary noise and air pollution from construction equipment. The applicant has stated that there is no public access by means of uplands to the Project site since the area is located on privately owned land; therefore, public access will not be restricted. Access to the navigable waterway is not anticipated to be detrimental due to the existing Mill Creek Tube outfall and existing hardened banks. Effects on historic resources from this Project are not anticipated. Recreational fishing will be temporarily disrupted due to the location of the Project work zone. Wetlands are present within the Project area but will be avoided and applicable erosion control measures will be implemented. The Project involves maintenance activities and is temporary in nature. Substantial changes to the site are not proposed. Minimal disturbances due to maintenance activities may occur, but the long-term effects of the proposed Project are expected to be beneficial. The applicant proposes that the Project will maintain existing infrastructure for the community, ensuring that existing services will continue to function as expected for the foreseeable future. The applicant is seeking authorization of the proposed Project from the United States Army Corps of Engineers under section 10 of the Federal Rivers and Harbors Act of 1899 (33 U.S.C.A. § 403). The applicant is seeking coverage for the proposed Project under the Pennsylvania State Programmatic General Permit.

 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 Project 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 (717) 772-2196 or RA-Fed_Consistency@pa.gov.

 The Department will consider all comments received on or before Monday, May 1, 2023, before issuing a final Federal consistency concurrence or objection. 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, 400 Market Street, P.O. Box 2063, Harrisburg, PA 17105-2063. Comments submitted by facsimile will not be accepted. Comments, including comments submitted by e-mail, must include the originator's name and address.

RICHARD NEGRIN, 
Acting Secretary

[Pa.B. Doc. No. 23-499. Filed for public inspection April 14, 2023, 9:00 a.m.]


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