Dam Safety and Waterway Management [36 Pa.B. 2772]
[Saturday, June 3, 2006]Proposed Water Quality Certification under Section 401 of the Federal Clean Water Act and Federal Consistency Review under the Coastal Zone Management Act of 1972, as amended, for the Army Corps of Engineers Pennsylvania State Programmatic General Permit (PASPGP-3) On December 27, 2005, the Baltimore, Philadelphia and Pittsburgh Districts of the Army Corps of Engineers, under the authority of section 404(e) of the Federal Clean Water Act (33 U.S.C.A. § 1344(e)), proposed by its Special Public Notice 05-54, to reissue with modifications the State Programmatic General Permit to the Commonwealth (PASPGP-3). Section 401(a) of the Federal Clean Water Act (33 U.S.C.A. § 1341(a)) requires the State to certify that any activity requiring a Federal license or permit, which may result in a discharge into the waters of the United States, will comply with the applicable provisions of the Federal Clean Water Act as well as applicable State law related to water quality protection. In addition, section 307 of the Federal Coastal Zone Management Act of 1972 (33 U.S.C.A § 1456) requires that any Federal action which affects the coastal use or resource of a coastal state will be undertaken in a manner consistent to the maximum extent practicable with the enforceable policies of that State's approved Coastal Management Program. On April 26, 2006, the Army Corps of Engineers furnished to the Department of Environmental Protection (Department) a final copy of the Pennsylvania State Programmatic General Permit (PASPGP-3) for a 5-year period with an effective date of July 8, 2006.
This action by the Corps of Engineers continues the present Federal permitting process undertaken jointly with the State process for activities affecting waterways, water bodies and wetlands authorized under the State's Dam Safety and Encroachment Act. PASPGP-3 places the Department Regional Offices and delegated county conservation districts in the lead for the majority of permit actions. Through the incorporation of Federal and State permitting standards in one process, the PASPGP-3 continues a streamlined process for permit applicants without compromising comprehensive environmental protection.
The Department, by this notice, proposes to certify that the construction, operation and maintenance of an encroachment or water obstruction as proposed in PASPGP-3 complies with the applicable provisions of sections 301--303, 306 and 307 of the Clean Water Act (33 U.S.C.A. §§ 1311--1313, 1316 and 1317). The Department further proposes to certify that the construction, operation and maintenance of the projects complies with applicable State laws related to water quality protection and that the construction, operation and maintenance of the projects does not violate applicable State water quality standards provided that the construction, operation and maintenance of the projects complies with the criteria and conditions of the permit.
Furthermore, PASPGP-3 is a Federal action subject to review for consistency with the enforceable policies of Pennsylvania's Coastal Zone Management (CZM) Program. As required under section 306(d)(14) of the Coastal Zone Management Act, the CZM Program is providing the public this opportunity to provide comments on whether the PASPGP-3 is consistent with the CZM Program's policies. The CZM Program's policies can be found on the Department's website at http://www.depweb.state.pa.us. Select DEP Programs (A-Z); Select W--Water Planning Office; Select Coastal Zone Management Program; Select Program Reference Documents; Select Program Guidance Document.
Prior to final action on the proposed 401 Water Quality Certification and CZM Consistency for the PASPGP-3, consideration will be given to any comments, suggestions or objections which are submitted in writing by July 3, 2006. Comments concerning the proposed 401 Water Quality Certification and CZM consistency for PASPGP-3 should be directed to Kenneth Murin, Chief, Division of Waterways, Wetlands and Stormwater Management, Bureau of Watershed Management, P. O. Box 8775, Harris-burg, PA 17105-8775, (717) 787-6827 or through Pennsyl-vania AT&T Relay Service at (800) 654-5984 (TDD). Comments must be submitted in writing and contain the name, address and telephone number of the person commenting and a concise statement of comments, objections or suggestions on this proposal. No comments submitted by facsimile will be accepted. The Department will consider all relevant and timely comments received. Comments must be submitted by July 3, 2006.
Copies of the PASPGP-3 and the Army Corps of Engineers public notice may be obtained by contacting Patricia Strong, Pennsylvania Section, Baltimore District, United States Army Corps of Engineers, P. O. Box 1715, Baltimore, MD 21203-1715, (410) 962-1847.
KATHLEEN A. MCGINTY,
Secretary[Pa.B. Doc. No. 06-991. Filed for public inspection June 2, 2006, 9:00 a.m.]
