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PA Bulletin, Doc. No. 21-957



Federal Consistency under the Coastal Zone Management Act; Presque Isle Dock Replacement

[51 Pa.B. 3395]
[Saturday, June 19, 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 the Department of Conservation and Natural Resources (Applicant) is proposing the Presque Isle dock replacement in the City of Erie, Erie County (Project).

 The Project is proposed to consist of the replacement and rehabilitation of the floating dock structures at the Presque Isle Marina. The anticipated work would include floating dock removal for a reconfigured layout, general maintenance and utility upgrades to several existing docks (to remain) as well as new floating docks with new utilities, and new piles to accommodate the reconfigured docks. This Project would also include climate adaptability by adding pile extensions to the existing, remaining piles. Dredging of the marina would be needed to ensure draft clearance for use of the reconfigured dock layout. In response to concerns communicated by the Fish and Boat Commission, no work would be allowed in the waterbody from April 1 to June 15, to avoid adverse impacts during the spawning season for protected species. The Applicant is seeking authorization from the United States Army Corps of Engineers under section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. § 403) and section 404 of the Clean Water Act (33 U.S.C.A. § 1344).

 This Project is subject to Department review for Federal consistency because it is a Federal license and permit activity 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 or (717) 772-2196.

 The Department will consider all comments received on or before Tuesday, July 6, 2021, before issuing a final Federal consistency concurrence or objection. Comments submitted by facsimile will not be accepted. All 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 or by e-mail to Written comments can be mailed to the Department of Environmental Protection, Policy Office, 400 Market Street, P.O. Box 2063, Harrisburg, PA 17105-2063.


[Pa.B. Doc. No. 21-957. Filed for public inspection June 18, 2021, 9:00 a.m.]

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