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PA Bulletin, Doc. No. 22-1057



Federal Consistency under the Coastal Zone Management Act; Energy Transfer, Inc. Maintenance Dredging of the Marcus Hook Terminal

[52 Pa.B. 4044]
[Saturday, July 16, 2022]

 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 Energy Transfer, Inc. (applicant) is proposing to perform maintenance dredging at the Marcus Hook Terminal in Delaware County (Project).

 The applicant is seeking authorization from the United States Army Corps of Engineers (USACE) under section 10 of the Rivers and Harbors Act (33 U.S.C.A. § 403) to conduct maintenance dredging activities at the Marcus Hook Terminal in Marcus Hook, Delaware County. The Marcus Hook Terminal is located at 100 Green Street at coordinates 39.809106 North and -75.415676 West. Proposed maintenance dredge areas at Marcus Hook Terminal include berths 1A, 1B, 2A, 2B, 3A, 3B, 3C, water intakes RW-5 and RW-7 and a firewater intake area adjacent to RW-5. Berthing areas are to be mechanically dredged to a maximum depth of -42.0` mean lower low-water (MLLW) with an additional 2 feet of allowable over-dredge for a total proposed depth range from -20.0 feet MLLW (-22.21 feet MLLW) to -42.0 feet MLLW (-44.21 feet MLLW).

 Based on a March 2022 survey, the current maintenance dredging demand to deepen berth 1A from 40 feet + 2 feet to 42 feet + 2 feet is approximately 35,000 cubic yards of material. Over the past 10 years, approximately 50,000 cubic yards of material has been removed per dredging event, depending on the seasonal sedimentation rates. Following a dredging event, the applicant may request to conduct periodic maintenance dredging events throughout the duration of the permit. Based on the past 10 years of maintenance dredging at Marcus Hook Terminal, the applicant estimates the volume of the dredged sediment recovered in any particular maintenance dredging event to be 50,000 cubic yards. Based on an estimated 10 to 15 dredge events, the applicant estimates a maximum of 750,000 cubic yards of material may be dredged over the proposed 10-year maintenance cycle.

 Mechanical dredging is proposed to be conducted utilizing a closed-clamshell environmental bucket. The dredge will be used to control the rate of descent of the bucket to maximize the vertical cut of the clamshell bucket while not penetrating the sediment beyond the vertical dimension of the open bucket. This is proposed to reduce the amount of free water in the dredged material, avoid overfilling the bucket and minimize the number of dredge bucket cycles needed to complete the dredging contract. Dredged material is proposed to be stored and transported in a watertight barge to the intended disposal facility.

 Dredged material generated with mechanical dredging would be disposed of at either White's Basin or Biles Island confined disposal facilities. If a disposal area other than at White's Basin or Biles Island is planned, the applicant will request a permit modification from USACE and a State Water Quality Certification under section 401 of the Federal Clean Water Act (33 U.S.C.A. § 1341) from the Department.

 In advance of any maintenance dredging event, the dredged material is proposed to be sampled and characterized according to procedures of the approved Sampling and Analysis Plan (by the Department or New Jersey Department of Environmental Protection (NJDEP), or both, depending on disposal facility). Testing results and letters of dredged material acceptance from disposal facilities will be provided to the Department or NJDEP, or both, with copy to USACE prior to the beginning of dredging activities.

 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 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 Monday, August 1, 2022, 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 Written comments can be submitted by e-mail to or by mail to the Department of Environmental Protection, Policy Office, 400 Market Street, P.O. Box 2063, Harrisburg, PA 17105-2063.

Acting Secretary

[Pa.B. Doc. No. 22-1057. Filed for public inspection July 15, 2022, 9:00 a.m.]

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