PASPGP-5 Reissuance

Published Sept. 29, 2015
Expiration date: 10/29/2015

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.