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PA Bulletin, Doc. No. 23-1552

NOTICES

DEPARTMENT OF
ENVIRONMENTAL PROTECTION

Federal Consistency under the Coastal Zone Management Act; Jon Gerbracht—Forest Park Pathway and Seawall Project

[53 Pa.B. 7087]
[Saturday, November 11, 2023]

 This notice is published under section 306(d)(14) of the Federal Coastal Zone Management Act of 1972 (CZMA) (16 U.S.C. § 1455(d)(14)), regarding to public participation in consistency determinations. The Department of Environmental Protection (Department), Coastal Resources Management Program has received notice that Jon Gerbracht (applicant) is proposing the Forest Park Pathway and Breakwater Project in Millcreek Township, Erie County (Project).

 The Project site is a beach lot on the Lake Erie shoreline in Millcreek Township, Erie County. The site contains an existing cottage which was constructed in 2011 above the Ordinary High Water Mark of 573.4' International Great Lakes Datum 1985. The existing sewer force main was re-established within the sanitary sewer easement running along the beach. The applicant is proposing to install a lower profile seawall structure on the lakeside of the existing cottage. The structure would be bound by steel sheet piling reinforced with concrete and capped with concrete. The proposed structure is intended to protect the cottage and the existing sewer force main from existing ongoing and future damage due to wave action. The applicant has indicated the following damages resulting from high lake levels and storm impacts: the existing sewer connection between the cottage and the sewer main has been severed; the existing sump pump drain has been severed; wave deflection has repeatedly damaged the deck support posts, decking and stone veneer facade of the cottage; and unanticipated beach recession has occurred since the cottage was constructed in 2011 leaving the lakeward side of the building further exposed to wave action by bringing the water's edge closer to the cottage and reducing wave run up on the beach. Changes to the property include erosion of beach material from the west, north and east sides of the cottage. Scour of previous beach material has reduced the width of walkable beach in front of the cottage, at times eliminating the beach altogether and forcing shoreline pedestrians to enter the lake to pass by the cottage. Repairs to the structure have included replacement of stone veneer on the ground level walls, repair to ground level overhead door and replacement of second story deck boards that were detached by wave overspray. Repairs to the sump pump and sewer connection are yet to be completed. The applicant states that if erosion is allowed to persist, it will threaten to expose and damage the buried sewer main. The Project is intended to better protect the existing cottage structure, sump pump drain and sewer force main from recurring damage caused by wave action during high water or high wave, or both, storm events. The applicant is seeking authorization for this project from the United States Army Corps of Engineers under section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403).

 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. § 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), Jon Gerbracht 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 should 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 Tuesday, November 28, 2023. Comments, including comments submitted by electronic mail, must include the originator's name and address. Commentators are encouraged to submit comments using the Department's online eComment tool at www.ahs.dep.pa.gov/eComment. Alternatively, 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.

JESSICA SHIRLEY, 
Interim Acting Secretary

[Pa.B. Doc. No. 23-1552. Filed for public inspection November 10, 2023, 9:00 a.m.]


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