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PA Bulletin, Doc. No. 23-355



Federal Consistency under the Coastal Zone Management Act; Personal Watercraft Lift—Presque Isle Bay, Erie County

[53 Pa.B. 1575]
[Saturday, March 18, 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 Brandon P. Mueller (applicant) is proposing to construct a personal watercraft lift in Presque Isle Bay, Erie County (Project).

 The applicant is proposing to construct: a 16-foot by 34-foot watercraft lift with six steel pilings; an 18-foot by 50-foot watercraft lift with ten steel pilings; an 11-foot by 29-foot permanent dock; and an 8-foot by 34-foot seasonal floating dock. The site is located adjacent to 21 Niagara Pier in the City of Erie, Erie County. The structures would be sited along the eastern side of the pier on water lots owned by Niagara Dockominiums, LLC and leased to the applicant. The applicant is seeking authorization for this proposed activity through a Department-issued Water Obstruction and Encroachment permit (E25-06222-015) under 25 Pa. Code Chapter 105 (relating to dam safety and waterway management) and a United States Army Corps of Engineers permit (LRP 2022-515) under section 10 of the Federal Rivers and Harbors Act of 1899 (33 U.S.C.A. § 403).

 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, April 3, 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 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. 23-355. Filed for public inspection March 17, 2023, 9:00 a.m.]

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