1399 Initial notice of request for certification under section 401 of the Federal Clean Water Act and coastal zone management consistency determination
Initial Notice of Request for Certification under Section 401 of the Federal Clean Water Act and Coastal Zone Management Consistency Determination [28 Pa.B. 4287] This notice pertains to changes regarding United States Army Corps of Engineers (Corps) Nationwide Permits under section 404 of the Clean Water Act. At the present time, the changes proposed by the Corps do not alter Pennsylvania's existing wetland protection program. These proposed changes, when finalized, may impact citizens who are required to receive Federal authorization or permits for such activities.
On Wednesday, July 1, 1998, the Corps published in the Federal Register (63 Fed. Reg. 36039) its application for certification under section 401(a) of the Federal Clean Water Act (33 U.S.C.A. § 1341(a)) (act) that the activities described in the Federal Register notice (and in more detail below) which may result in a discharge into waters of the United States will comply with the applicable provisions of sections 301--303, 306 and 307 of the act. That notice also served as a request for a State determination of coastal zone management consistency under section 307 of the Coastal Zone Management (CZM) Act, 16 U.S.C.A. § 1456, for activities within or affecting the coastal zone of the Commonwealth of Pennsylvania.
In its July 1, 1998 Federal Register Notice, the Army Corps of Engineers is proposing to issue six new Nationwide Permits (NWPs), modify six existing NWPs, and amend six NWP conditions. The Corps is also proposing to extend NWP 26 until March 28, 1999. In addition, the Corps is suspending NWP 29 for single family housing activities that result in the loss of greater than 1/4 acre of non-tidal waters of the United States, and proposing to modify NWP 29 to change the acreage limit from 1/2 acre to 1/4 acre. A list of the proposed new NWPs, modified NWPs, and modified conditions follows. Anyone wishing to provide comments may obtain a full text copy of the NWPs through the Corps Home Page, access the Federal Register through the Government Printing Office (GPO) at http://www.access.gpo.gov/su_docs/aces/aaces002.html, or contact the United States Army Corps of Engineers, Baltimore District, Attn.: CENAB-OP-R, P. O. Box 1715, Baltimore, MD 21203-1715.
Persons wishing to comment on this application for 401 Water Quality Certification and CZM consistency are invited to submit comments by October 30, 1998. Prior to final action on this application, consideration will be given to any comments, suggestions or objections which are submitted in writing by October 30, 1998. Comments should be submitted to Kenneth Reisinger, Chief, Division of Waterways, Wetlands and Erosion Control, P. O. Box 8775, Harrisburg, PA 17105-8775. Requests should contain the name, address and telephone number of the person commenting, identification of the Certification request to which the comments are addressed, and a concise statement of comments, objections or suggestions. Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5788 (voice users). No comments submitted by facsimile transmission will be accepted. The Department may conduct a fact-finding hearing or an informal conference in response to any comments if deemed necessary.
Electronic Comments--Comments may be submitted electronically to the Department at Reisinger.Kenneth@ a1.dep.state.pa.us. A subject heading of the proposal must be included in each transmission. Comments submitted electronically must also be received by the Department by October 30, 1998.
Proposed New Nationwide Permits
A. Residential, Commercial and Institutional Activities.
B. Master Planned Development Activities.
C. Stormwater Management Facilities.
D. Passive Recreational Facilities.
E. Mining Activities.
F. Reshaping Existing Drainage Ditches.
Nationwide Permits Proposed to be Modified
3. Maintenance.
7. Outfall Structures and Maintenance.
12. Utility Activities.
14. Linear Transportation Crossings.
27. Stream and Wetland Restoration Activities.
40. Agricultural Activities.
Nationwide Permit Conditions
General Conditions:
1. Navigation.
2. Proper Maintenance.
3. Soil Erosion and Sediment Controls.
4. Aquatic Life Movements.
5. Equipment.
6. Regional and Case-by-Case Conditions.
7. Wild and Scenic Rivers.
8. Tribal Rights.
9. Water Quality*
10. Coastal Zone Management.
11. Endangered Species.
12. Historic Properties.
13. Notification*
14. Compliance Certification.
15. Multiple Use of Nationwide Permits.
16. Subdivisions*
17. Water Supply Intakes.
18. Shellfish Production.
19. Suitable Material*
20. Mitigation*
21. Spawning Areas*
22. Management of Water Flows*
23. Adverse Effects from Impoundments.
24. Waterfowl Breeding Areas.
25. Removal of Temporary Fills.
(* Indicates conditions proposed to be changed for all Nationwide Permits.)
JAMES M. SEIF,
Secretary[Pa.B. Doc. No. 98-1399. Filed for public inspection August 28, 1998, 9:00 a.m.]
