PASPGP4 Revision for Endangered Species
- 9/29/2015: Subject: The purpose of this Special Public Notice is to hereby inform the public of
revisions to the Pennsylvania State Programmatic General Permit- 4 (PASPGP-4).
These changes are effective the date of this public notice.
In accordance with Section 7 of the Endangered Species Act (ESA) and the procedures for
processing Corps authorizations, pursuant to Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, the Corps is hereby providing notification to the
public regarding amendment of the PASPGP-4. These revisions further streamline the
PASPGP-4 review process by adding Avoidance Measures (AMs) identified on a
Pennsylvania Natural Diversity Inventory (PNDI) receipt for Federally listed threatened or
endangered species as a Special Condition of the PASPGP-4 without the need for a Corps
review of the application. Under the previous version of the PASPGP-4, all applications
that contained a PNDI receipt with AMs for a Federally listed species was required to be
processed by the Corps as a Category Ill Activity, and the Corps would typically add the
AMs as a Special Condition of the authorization to ensure compliance with ESA.
The term "Pennsylvania Natural Diversity Inventory (PNDI)" has been added to Part II
Definitions. PNDI is defined as: 'The PNDI refers to the current on-line environmental
review tool for screening of State and Federally-listed threatened and endangered species
managed by the Pennsylvania Natural Heritage Program. The term PNDI is inclusive of
any future tools approved by the USFWS for screening of Federally-listed threatened and
This notice affects proposed projects that may be verified under the PASPGP-4 by the
Corps, the Pennsylvania Department of Environmental Protection (PADEP), and delegated
County Conservation Districts.
- 9/29/2015: The purpose of this 30-day Public Notice is to request comments on whether to issue, for a 5-
year period, the Pennsylvania State Programmatic General Permit (PASPGP-5). Comments are requested
by October 29, 2015.
This Public Notice is issued jointly by the Baltimore, Philadelphia, and Pittsburgh Districts of
the U.S. Army Corps of Engineers.
Section 404(e) of the Clean Water Act (CWA) (33 U.S.C. §1344) provides for the issuance of
Department of the Army (DA) general permits (GP) on a statewide basis, which operate in conjunction
with a State regulatory program that protects the aquatic environment in a manner equivalent to the
DA regulatory program, provided that the activities permitted under each category of such GPs are
similar in nature and result in no more than minimal individual or cumulative adverse effects on
the aquatic environment.
The Commonwealth of Pennsylvania's Dam Safety and Waterway Management Rules and Regulations
establish a statewide permit program for protecting the waters of the Commonwealth. The
Commonwealth's procedures for the granting of permits require the PADEP to apply evaluation
criteria consisting of alternatives analysis (for non-water dependent activities), avoidance
techniques, the minimization of impacts, and if a permit is to be granted, compensatory mitigation.
The evaluative criteria within the Commonwealth's program are similar to Federal criteria under
Section 404(b)(l) of the Federal Clean Water Act.
On July 1, 2011 the District Engineers for Baltimore, Philadelphia, and Pittsburgh Districts,
issued the Pennsylvania State Programmatic General Permit - 4 (PASPGP-4) for a five year period.
The PASPGP - 4 will expire on June 30, 2016, unless a decision is made to suspend, or revoke the
permit before that date.
The below list identifies some of the changes from the PASPGP-4 that are proposed to be
incorporated into the PASPGP-5.
Expiration date: 10/29/2015
2013-67 Sunoco Marcus Hook
- 9/28/2015: LOCATION: Sunoco Marcus Hook Industrial Complex along the western bank at dock 2B
in Marcus Hook Borough, Delaware County, Pennsylvania.
The applicant proposes to remove 2,360 cubic yards of material from the existing timber
low deck structure to create space for a new firewater intake structure and install a sheet pile
cofferdam. 120 10-inch diameter steel piles would be driven within the cofferdam to suppo1t the
structure, with a 4 foot thick concrete base to be tremie poured. The enclosure would then be
dewatered through a filter with return to the river. The entire 8,640 square feet occupied by the
structure is within the footprint of the existing dock, with about 4,752 square feet consisting of
timber low deck and the remainder replacing solid fill.
Above the intake enclosure and support would be a building housing fuel tanks, 4 diesel
pumps, an electric pump, and a jockey pump. The new structure would be optimally positioned
to tie into the cmTent fire suppression system. The completed structure would include debris
screens with half inch mesh size and trash racks to allow an unimpeded half foot per second flow
during an emergency. During normal operation only the jockey pump would be operating to
maintain pressure in the suppression system. Total volume of proposed new fill is 1,242 cubic
yards for a net reduction in fill.
Expiration date: 10/28/2015
2015-843 Delaware River and Bay Authority
- 8/19/2015: The applicant, Delaware River and Bay Authority, has applied for a
Depaiiment of the Army permit to construct a floating dock facility at their Lewes Ferry
Terminal in Lewes, Sussex County, Delaware. The proposed floating dock will consist of 4, 45
feet long by 8 feet wide sections connected to the Lay Pier via 32 feet Long gangway and
secured to 11, 14 inch diameter driven concrete filled composite pipe piles. The dimensions of
the structures are indicated on the attached plans identified as E-1 through E-5.
Expiration date: 9/5/2015
- 8/19/2015: The applicant, Mr. Daniel Wien, has applied for a Department of the Army permit to maintenance dredge a tidal lagoon, construct a bulkhead, maintain bank stabilization materials, install timber structures and enhance tidal wetlands adjacent to Lee Joseph Creek at 25867 Berry Street (Tax Parcel 2342500000200), Long Neck, Millsboro, Sussex County, Delaware.
Expiration date: 9/5/2015