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PA Bulletin, Doc. No. 20-947



Federal Consistency under the Coastal Zone Management Act; Port Access Development Project within the City of Erie

[50 Pa.B. 3670]
[Saturday, July 18, 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's (Department) Coastal Resources Management Program has received notice that the Erie Western Pennsylvania Port Authority (Applicant) is proposing a Port Access Development Project (Project) within the City of Erie, Erie County and located in the coastal zone.

 The Applicant is seeking authorization from the United States Army Corps of Engineers under section 404 of the Clean Water Act (33 U.S.C.A. § 1344). The proposed Project would involve the development of an Applicant-owned property between Ore Dock Road and Port Access Road near the harbor entrance to Presque Isle Bay, Lake Erie to accommodate existing and future port facility needs. The proposed development of the area is intended to meet the anticipated expansion of operational needs for the Caremuse Lime and Stone port facility and increase the Applicant's off-season boat staging and storage yard capacity. The proposed Project would impact all land area within the Project boundary, including an 8.0-acre wetland area which the Applicant notes is fully populated with invasive plant species. The Applicant is proposing to clear, fill and grade the entire project area and install a gravel and paved surface. The Applicant is proposing to design and implement a compensatory wetland mitigation project to offset wetland losses within the project area at an offsite location that is to be determined; negotiations with one Lake Erie watershed landowner for the establishment of conservation easements and property access for compensatory wetland development are ongoing.

 The 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 should be directed to Matthew Walderon, Federal Consistency Coordinator, at or (717) 772-2196.

 The Department will consider all comments received on or before Monday, August 3, 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 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. 20-947. Filed for public inspection July 17, 2020, 9:00 a.m.]

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