Certification under Section 401 of the Federal Clean Water Act [42 Pa.B. 2101]
[Saturday, April 14, 2012]The Department of Environmental Protection (Department) certifies under section 401 of the Federal Clean Water Act (33 U.S.C.A. § 1341), subject to the conditions listed in this notice, that the activities authorized by the Army Corps of Engineers published at 77 FR 10184 (February 21, 2012) (Reissuance of Nationwide Permits (NWPs)) which may result in a discharge into waters of the United States in this Commonwealth will comply with the applicable provisions of sections 301—303, 306 and 307 of the Federal Clean Water Act (33 U.S.C.A. §§ 1311—1313, 1316 and 1317). In addition, the Commonwealth certifies, subject to the conditions listed in this notice, that there is a reasonable assurance that the construction and operation of the NWPs in the February 21, 2012, notice will comply with applicable Federal and State water quality standards.
For further information concerning the NWPs, contact the Army Corps of Engineers, David Olson at (202) 761-4922 or access the Army Corps of Engineers web page at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx.
This final certification is conditional on any public comment received. The Department will accept comments on this certification for 30 days. The Department requests written comments on the proposed modifications to this General Permit by May 14, 2012. Comments received by facsimile will not be accepted. Interested persons may submit comments, suggestions or objections to Ken Murin, Department of Environmental Protection, Bureau of Waterways Engineering and Wetlands, Division of Wetlands, Encroachments and Training, P. O. Box 8460, Harrisburg, PA 17105-8460, kmurin@pa.gov, (717) 787-3411.
The Army Corps of Engineers is reissuing 48 of the 49 NWPs, general conditions and definitions with some modifications and 2 new NWPs, 3 new general conditions and 3 new definitions. These final NWPs were effective on March 19, 2012.
Except in instances where the Pennsylvania Statewide Programmatic General Permit (PASPGP-4) issued by the Army Corps of Engineers in July 2011 does not apply, the Army Corps of Engineers has indicated it will suspend these NWPs. This suspension will preserve the one-stop State and Federal permitting process the Army Corps of Engineers presently offers under PASPGP-4 while maintaining the current level of protection provided to wetlands and water resources.
Nationwide Permits 1. Aids to Navigation
2. Structures in Artificial Canals
3. Maintenance
4. Fish and Wildlife Harvesting, Enhancement and Attraction Devices and Activities
5. Scientific Measurement Devices
6. Survey Activities
7. Outfall Structures and Associated Intake Structures
8. Oil and Gas Structures
9. Structures in Fleeting and Anchorage Areas
10. Mooring Buoys
11. Temporary Recreational Structures
12. Utility Line Activities
13. Bank Stabilization
14. Linear Transportation Projects
15. United States Coast Guard Approved Bridges
16. Return Water From Upland Contained Disposal Areas
17. Hydropower Projects
18. Minor Discharges
19. Minor Dredging
20. Response Operations for Oil and Hazardous Substances
21. Surface Coal Mining Activities
22. Removal of Vessels
23. Approved Categorical Exclusions
24. Indian Tribe or State Administered Section 404 Programs
25. Structural Discharges
26. [Reserved]
27. Aquatic Habitat Restoration, Establishment, and Enhancement Activities28. Modifications of Existing Marinas
29. Residential Developments
30. Moist Soil Management for Wildlife
31. Maintenance of Existing Flood Control Facilities
32. Completed Enforcement Actions
33. Temporary Construction, Access and Dewatering
34. Cranberry Production Activities
35. Maintenance Dredging of Existing Basins
36. Boat Ramps
37. Emergency Watershed Protection and Rehabilitation
38. Cleanup of Hazardous and Toxic Waste
39. Commercial and Institutional Developments
40. Agricultural Activities
41. Reshaping Existing Drainage Ditches
42. Recreational Facilities
43. Stormwater Management Facilities
44. Mining Activities
45. Repair of Uplands Damaged by Discrete Events
46. Discharges in Ditches
47. [Reserved]
48. Commercial Shellfish Aquaculture Activities
49. Coal Remining Activities
50. Underground Coal Mining Activities
51. Land-Based Renewable Energy Generation Facilities
52. Water-Based Renewable Energy Generation Pilot Projects
Nationwide Permit General Conditions 1. Navigation
2. Aquatic Life Movements
3. Spawning Areas
4. Migratory Bird Breeding Areas
5. Shellfish Beds
6. Suitable Material
7. Water Supply Intakes
8. Adverse Effects from Impoundments
9. Management of Water Flows
10. Fills Within 100-Year Floodplains
11. Equipment
12. Soil Erosion and Sediment Controls
13. Removal of Temporary Fills
14. Proper Maintenance
15. Single and Complete Project
16. Wild and Scenic Rivers
17. Tribal Rights
18. Endangered Species
19. Migratory Bird and Bald and Golden Eagle Permits
20. Historic Properties
21. Discovery of Previously Unknown Remains and Artifacts
22. Designated Critical Resource Waters
23. Mitigation
24. Safety of Impoundment Structures
25. Water Quality
26. Coastal Zone Management
27. Regional and Case-by-Case Conditions
28. Use of Multiple Nationwide Permits
29. Transfer of Nationwide Permit Verifications
30. Compliance Certification
31. Pre-Construction Notification
This certification is subject to the following conditions:
Conditions
1. Prior to commencing any activity covered by an NWP, the applicant must obtain all necessary permits or approvals from the Department, including, but not limited to, those required by The Clean Streams Law (35 P. S. §§ 691.1—691.1001), the Dam Safety and Encroachments Act (32 P. S. §§ 693.1—693.27), the Solid Waste Management Act (35 P. S. §§ 6018.101—6018.1003), the Hazardous Sites Cleanup Act (35 P. S. §§ 6020.101—6020.1304), the Land Recycling and Remediation Standards Act (35 P. S. §§ 6026.101—6026.908) and the regulations promulgated thereunder including 25 Pa. Code Chapters 75, 91—93, 95, 102, 105 and 260—299. All environmental assessments required under these regulations, in addition to other regulatory requirements, must be complied with as a condition of Section 401 Water Quality Certification for the NWPs.
2. Fill material cannot contain wastes as defined in the Solid Waste Management Act.
3. For activities that impact wetlands, a delineation shall be conducted in accordance with the Commonwealth's procedures for wetland delineation. The present procedure is published at 25 Pa. Code § 105.451 (relating to identification and delineation of wetlands—statement of policy).
4. The Department retains the right, on an individual activity basis, to withdraw or modify 401 Water Quality Certification for an activity subject to a NWP which it determines may adversely impact water quality.
5. The Department retains the right, to add or modify conditions based on comment received by the public.
MICHAEL L. KRANCER,
Secretary[Pa.B. Doc. No. 12-658. Filed for public inspection April 13, 2012, 9:00 a.m.]
