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PA Bulletin, Doc. No. 23-541

NOTICES

DEPARTMENT OF
ENVIRONMENTAL PROTECTION

Federal Consistency under the Coastal Zone Management Act; Packer Marine Terminal Turning Basin Dredged Material Disposal at the Fort Mifflin Confined Disposal Facility

[53 Pa.B. 2266]
[Saturday, April 22, 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 PhilaPort (applicant) is proposing to dispose of dredged material at the Fort Mifflin Confined Disposal Facility (CDF) in the City of Philadelphia (Project). The dredge material will be recovered during proposed maintenance dredging of the turning basin at the Packer Marine Terminal Turning Basin in the State of New Jersey.

 The applicant is proposing to conduct maintenance dredging of the turning basin at the Packer Avenue Marine Terminal in the Delaware River near the City of Philadelphia. The proposed Project depth is 45 feet below Mean Lower Low Water with 1 foot of allowable overdredge. The applicant estimates the volume of material to be dredged at approximately 69,000 cubic yards. Dredging is proposed to be conducted by mechanical method with dewatering and disposal at the Fort Mifflin CDF on the former Hog Island in the City of Philadelphia. Maintenance dredging is proposed to occur in the Delaware River within the State of New Jersey. The applicant is seeking Federal authorization for this activity from the United States Army Corps of Engineers under 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 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 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 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 Monday, May 8, 2023, 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. 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.

RICHARD NEGRIN, 
Acting Secretary

[Pa.B. Doc. No. 23-541. Filed for public inspection April 21, 2023, 9:00 a.m.]



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