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PA Bulletin, Doc. No. 12-743


Federal Consistency under the Coastal Zone Management Act

[42 Pa.B. 2251]
[Saturday, April 21, 2012]

 The United States Army Corps of Engineers (Corps) published a notice regarding the reissuance of 48 Nationwide Permits (NWPs) and the issuance of two new NWPs at 77 FR 10184 (February 21, 2012). Some of the NWPs authorize discharges into or encroachments upon waters of the United States in this Commonwealth. These NWPs became effective on March 19, 2012. The Corps' Baltimore District Office has also published Regional Conditions that apply to the NWPs within this Commonwealth on March 19, 2012 (SPN 12-32).

 The issuance of NWPs is a Federal action subject to review for consistency with the enforceable policies of the Commonwealth's Coastal Resources Management Program (CRM). The Commonwealth is required under 15 CFR Part 930, Subpart C (relating to consistency for Federal agency activities) to make its Coastal Zone Management Act (CZMA) determination by May 21, 2012 (77 FR 10184). CRM is reviewing these NWPs and their Regional Conditions for Pennsylvania and is soliciting comments as part of the CZMA Federal consistency review process.

 Additionally, Regional Conditions for NWPs 3, 13, 19, 35 and 36 published by the Corps' Huntingdon District on March 19, 2012, (LRH-201100098) for the State of Ohio are subject to CRM review under the Commonwealth's National Oceanic and Atmospheric Administration approved (January 9, 2007) interstate consistency program.

 Following review of the NWPs and the Regional Conditions proposed by the Corps' Baltimore and Huntington Districts, the Department of Environmental Protection (Department) proposes to make a determination that the NWPs are consistent with the enforceable policies of the Commonwealth's CRM program.

 CRM's enforceable policies can be found on the Department's web site at, select Program Guidance Document from the ''Downloadable Materials'' section. CRM's enforceable policies are described in Chapter 2—Coastal Zone Policy Framework.

 For further information concerning the NWPs, contact the United States Army Corps of Engineers, David Olson at (202) 761-4922 or access the Corps' Regulatory Home Page at reg.aspx.

 Persons wishing to comment on the proposed CRM Federal consistency determination of the NWPs or Regional Conditions are invited to do so within 30 days of this notice. Prior to final action on this Federal activity, consideration will be given to any comments, suggestions or objections which are submitted in writing by May 21, 2012. Comments should be submitted to Karen Price, Interstate Waters Office, P. O. Box 8465, Harrisburg, PA 17105-8465. Requests should contain the name, address and telephone number of the person commenting, identification of the notice to which the comments are addressed and a concise statement of comments, objections or suggestions. No comments submitted by facsimile transmission will be accepted.

 Comments may be submitted electronically to the Department at A subject heading of the proposal must be included in each transmission. Comments submitted electronically must also be received by the Department by May 21, 2012.

 The Corps is reissuing 48 of the 49 NWPs, general conditions and definitions with some modifications and 2 new NWPs, 3 new general conditions and 3 new definitions. These final NWPs were effective on March 19, 2012.

 Except in instances where the Pennsylvania Statewide Programmatic General Permit (PASPGP-4) issued by the Corps in July 2011 does not apply, the Corps has indicated it will suspend these NWPs. This suspension will preserve the one-stop State and Federal permitting process the Corps presently offers under PASPGP-4 while maintaining the current level of protection provided to our wetlands and water resources.

Nationwide Permits

1. Aids to Navigation
2. Structures in Artificial Canals
3. Maintenance
4. Fish and Wildlife Harvesting, Enhancement and Attraction Devices and Activities
5. Scientific Measurement Devices
6. Survey Activities
7. Outfall Structures and Associated Intake Structures
8. Oil and Gas Structures
9. Structures in Fleeting and Anchorage Areas
10. Mooring Buoys
11. Temporary Recreational Structures
12. Utility Line Activities
13. Bank Stabilization
14. Linear Transportation Projects
15. United States Coast Guard Approved Bridges
16. Return Water From Upland Contained Disposal Areas
17. Hydropower Projects
18. Minor Discharges
19. Minor Dredging
20. Response Operations for Oil and Hazardous Substances
21. Surface Coal Mining Activities
22. Removal of Vessels
23. Approved Categorical Exclusions
24. Indian Tribe or State Administered Section 404 Programs
25. Structural Discharges
26. [Reserved]
27. Aquatic Habitat Restoration, Establishment, and Enhancement Activities
28. Modifications of Existing Marinas
29. Residential Developments
30. Moist Soil Management for Wildlife
31. Maintenance of Existing Flood Control Facilities
32. Completed Enforcement Actions
33. Temporary Construction, Access and Dewatering
34. Cranberry Production Activities
35. Maintenance Dredging of Existing Basins
36. Boat Ramps
37. Emergency Watershed Protection and Rehabilitation
38. Cleanup of Hazardous and Toxic Waste
39. Commercial and Institutional Developments
40. Agricultural Activities
41. Reshaping Existing Drainage Ditches
42. Recreational Facilities
43. Stormwater Management Facilities
44. Mining Activities
45. Repair of Uplands Damaged by Discrete Events
46. Discharges in Ditches
47. [Reserved]
48. Commercial Shellfish Aquaculture Activities
49. Coal Remining Activities
50. Underground Coal Mining Activities
51. Land-Based Renewable Energy Generation Facilities
52. Water-Based Renewable Energy Generation Pilot Projects

Nationwide Permit General Conditions

1. Navigation
2. Aquatic Life Movements
3. Spawning Areas
4. Migratory Bird Breeding Areas
5. Shellfish Beds
6. Suitable Material
7. Water Supply Intakes
8. Adverse Effects from Impoundments
9. Management of Water Flows
10. Fills Within 100-Year Floodplains
11. Equipment
12. Soil Erosion and Sediment Controls
13. Removal of Temporary Fills
14. Proper Maintenance
15. Single and Complete Project
16. Wild and Scenic Rivers
17. Tribal Rights
18. Endangered Species
19. Migratory Bird and Bald and Golden Eagle Permits
20. Historic Properties
21. Discovery of Previously Unknown Remains and Artifacts
22. Designated Critical Resource Waters
23. Mitigation
24. Safety of Impoundment Structures
25. Water Quality
26. Coastal Zone Management
27. Regional and Case-by-Case Conditions
28. Use of Multiple Nationwide Permits
29. Transfer of Nationwide Permit Verifications
30. Compliance Certification
31. Pre-Construction Notification

 Federal consistency of the NWPs is also conditional upon their certification under section 401 of the Federal Clean Water Act (33 U.S.C.A. § 1341) by the Department of Environmental Protection, Bureau of Waterways Engineering and Wetlands, Division of Wetlands, Encroachments and Training. A separate notice regarding the Section 401 Water Quality Certification was published at 42 Pa.B. 2101 (April 14, 2012).


[Pa.B. Doc. No. 12-743. Filed for public inspection April 20, 2012, 9:00 a.m.]

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