Final Certification for the Army Corps of Engineers Nationwide Permits [30 Pa.B. 3313] The Department of Environmental Protection (Department), hereby certifies under section 401 of the CWA, 33 U.S.C.A. § 1341, subject to the conditions listed within this notice, that the activities authorized by the Army Corps of Engineers (Corps) in its Federal Register notice of March 9, 2000 (65 Fed. Reg. 12818) (Final Notice of Issuance, Reissuance, and Modification of Nationwide Permits (NWPs)) which may result in a discharge into waters of the United States in the Commonwealth will comply with the applicable provisions of sections 301--303, 306 and 307 of the CWA, 33 U.S.C.A. §§ 1311--1313, 1316 and 1317, and are consistent with Pennsylvania's Coastal Zone Management Program. In addition, this Commonwealth certifies, subject to the conditions within this notice, that there is a reasonable assurance that the construction and operation of the NWPs set forth in the March 9, 2000, notice will comply with applicable Federal and State water quality standards.
On May 6, 2000, the Department published a notice of the Corps' request for Section 401 Water Quality Certification and a determination of Coastal Zone Management Program Consistency for the Corps' new and modified NWPs in the Pennsylvania Bulletin (30 Pa.B. 2307). During the 30-day comment period following publication of the notice, no public comments were received. Except in instances where the Pennsylvania Statewide Programmatic General Permit (PASPGP-1) issued by the Corps in March 1995 does not apply, these Nationwide Permits will be suspended for use in Pennsylvania by the Corps. This suspension will preserve the one-stop State and Federal permitting process we presently offer under PASPGP-1 while maintaining the current level of protection provided to our wetlands and water resources. For more information concerning the NWPs, contact the United States Army Corps of Engineers, Baltimore District, Attn.: CENAB-OP-R, P. O. Box 1715, Baltimore, MD 21203-1715.
In its Federal Register Notice, the Corps issued five new NWPs, modified six existing NWPs, amended nine NWP general conditions, and added two new NWP general conditions. The Federal Register provided notice that NWP 26 expired on June 5, 2000. A list of new and modified NWPs and new and modified NWP conditions follows.
Conditional Approval
New Nationwide Permits
39. Residential, Commercial and Institutional Developments
41. Reshaping Existing Drainage Ditches
42. Recreational Facilities
43. Stormwater Management Facilities
44. Mining Activities
Modified Nationwide Permits
3. Maintenance
7. Outfall Structures and Maintenance
12. Utility Activities
14. Linear Transportation Crossings
27. Stream and Wetland Restoration Activities
40. Agricultural Activities
New General Permit Conditions
25. Designated Critical Resource Waters
26. Fills within 100-Year Floodplains
Modified General Conditions
4. Aquatic Life Movements
9. Water Quality
11. Endangered Species
13. Notification
15. Use of Multiple Nationwide Permits
17. Shellfish Beds
19. Mitigation
20. Spawning Areas
21. Management of Water Flows
This certification is subject to the following conditions:
Conditions
1. Prior to commencing any activity covered by a Nationwide permit, the applicant must obtain all necessary permits and approvals from the Department, including but not limited to, those required by The Clean Streams Law (35 P. S. §§ 691.1--691.1001), Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27), Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003), Hazardous Sites Cleanup Act (35 P. S. §§ 6020.101--6020.1304) and the regulations promulgated thereunder including 25 Pa. Code Chapters 75, 91--93, 95, 101, 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 and CZM consistency for the NWPs.
2. Fill material cannot contain wastes as defined in the Solid Waste Management Act.
3. For activities which impact on wetlands, a delineation shall be conducted in accordance with Pennsylvania's procedures for wetland delineation. The present procedure is published in 25 Pa. Code § 105.451.
4. The Department retains the right, on an individual activity basis, to withdraw or modify 401 Water Quality Certification for an activity subject to an NWP which it determines may adversely impact water quality.
JAMES M. SEIF,
Secretary[Pa.B. Doc. No. 00-1134. Filed for public inspection June 30, 2000, 9:00 a.m.]
