Federal Consistency Under the Coastal Zone Management Act; United States Army Corps of Engineers 2020 Nationwide Permit Reissuance
[50 Pa.B. 6323]
[Saturday, November 7, 2020]
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 during consistency determinations. The Department of Environmental Protection (Department), Coastal Re-sources Management Program has received notice that the United States Army Corps of Engineers (USACE), Baltimore District is proposing to reissue and modify the Nationwide Permits (NWP) (85 FR 57298 (September 15, 2020)).
NWPs authorize certain activities under section 404 of the Clean Water Act (33 U.S.C.A. § 1344) and section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. § 403). The USACE is proposing to reissue its 52 existing NWPs and associated general conditions and definitions, with some modifications. USACE is also proposing to issue five new NWPs. Two of those proposed new NWPs would authorize certain categories of mariculture activities (that is, seaweed and finfish mariculture) that are not authorized by NWP 48. USACE is proposing to divide the current NWP that authorizes utility line activities (NWP 12) into three separate NWPs that address the differences in how different linear projects are constructed, the substances they convey, and the different standards and best management practices that help ensure those NWPs authorize only those activities that have no more than minimal adverse environmental effects.
Specifically, USACE is proposing to modify the current utility line NWP 12 to authorize only oil and natural gas pipeline activities. Two proposed new NWPs would authorize activities associated with the construction, maintenance, repair and removal of electric utility lines/telecommunication lines and utility lines that convey water, sewage and other substances. The fifth proposed new NWP would authorize discharges of dredged or fill material into jurisdictional waters for the construction, expansion and maintenance of water reuse and reclamation facilities. USACE is proposing these modifications to simplify and clarify the NWPs, reduce burdens on the regulated public, and continue to comply with the statutory requirement that these NWPs authorize only activities with no more than minimal individual and cumulative adverse environmental effects. Information regarding the USACE's proposal, including NWP suspensions and regional conditions, is available at www.nab.usace.army.mil/Missions/Regulatory/Public-Notices/Public-Notice-View/Article/2364484/spn-20-62-nationwide-permit-reissueance-request-for-comments.
This activity is subject to Department review for Federal consistency because it is a Federal agency 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 C (relating to consistency for Federal agency activities), USACE has determined that the proposed reissuance 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 Determination from the Department contact listed as follows.
Questions regarding this review should be directed to Matthew Walderon, Federal Consistency Coordinator, at RA-Fed_Consistency@pa.gov or (717) 772-2196.
The Department will consider all comments received on or before Monday, November 23, 2020, 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 www.ahs.dep.pa.gov/eComment or by e-mail to firstname.lastname@example.org. 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. 20-1549. Filed for public inspection November 6, 2020, 9:00 a.m.]
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