US Army Corps of Engineers
Baltimore District

SPN (18-49) REVISIONS TO PENNSYLVANIA STATE PROGRAMMATIC GENERAL PERMIT - 5 (PASPGP-5) BALTIMORE, PHILADELPHIA & PITTSBURGH DISTRICTS

Published July 30, 2018

                   Public Notice                  

U.S. Army Corps                                                                                              Date: July 30, 2018
of Engineers                    SPECIAL PUBLIC NOTICE #SPN-18-49

Baltimore District                              Philadelphia District                                    Pittsburgh District               

                                     

THIS PUBLIC NOTICE IS ISSUED JOINTLY BY THE PHILADELPHIA, PITTSBURGH, AND BALTIMORE DISTRICTS OF THE U.S. ARMY CORPS OF ENGINEERS.

 Subject: The purpose of this Special Public Notice is to hereby inform the public of revisions to the Pennsylvania State Programmatic General Permit – 5 (PASPGP-5).  These changes are effective the date of this public notice.

 These changes include the following: 

  1. Editorial/clarification changes and citation corrections.  

  2. Updates to compliance procedures pursuant to Section 7 of the Endangered Species Act (ESA).  Specifically the following language has been added to Part IV (A) Non-reporting Activities, Non-Reporting Processing Requirements for ESA regarding avoidance measures (AM): 

    “Correspondence from the USFWS containing AMs for Federally listed species whereby the applicant has agreed to implement AMs as part of the application.  In such cases, all AMs become Special Conditions of the PASPGP-5 authorization without the need for a Corps review.” 

  3. Federally-listed mussel waters updated: 

    The list of mussel waters found at Part IV, (B)(5)(a), Activities which May Affect Threatened or Endangered Species and their Critical Habitat under Section 7 of the Endangered Species Act, has been modified to add Oswayo Creek in McKean County as a known mussel water.  The revised listing of federally-listed mussel waters is below:    

     

WATERWAYS

COUNTY

Allegheny River

 

Allegheny, Armstrong, Clarion, Forest, Venango, Warren, McKean, and Westmoreland,

Conewago Creek

Warren

French Creek

Crawford, Erie, Mercer, and Venango

Conneaut Outlet

Crawford

Conneauttee Creek

Crawford

LeBoeuf Creek

Erie

Muddy Creek

Crawford

Shenango River

(Pymatuning Reservoir to Big Bend)

Crawford and Mercer

Delaware River

Monroe, Pike, and Wayne

Cussewago Creek

Crawford

Little Mahoning Creek

Indiana

Little Shenango River

Mercer

Oil Creek

Venango

Oswayo Creek

McKean

West Branch of French Creek

Erie

Woodcock Creek

Crawford

 

  1. Modification of bog turtle habitat screening procedure:  

    The requirements to perform bog turtle habitat screening at Part IV, (B)(5)(b), Activities which May Affect Threatened or Endangered Species and their Critical Habitat under Section 7 of the Endangered Species Act, was revised.  Specifically, a Phase 1 Bog Turtle Habitat Assessment is no longer required based on a list of counties with known bog turtle occurrences.  The requirement for conducting a Phase 1 Bog Turtle Habitat Assessment will now be identified as part of the Pennsylvania Natural Diversity Inventory (PNDI) search receipt.   

This notice affects proposed projects that may be verified under the PASPGP-5 by the Corps, the Pennsylvania Department of Environmental Protection, and delegated County Conservation Districts. These revisions are in accordance with the procedures for implementing the PASPGP-5 which provides for periodic updates to the permit to ensure compliance with other federal laws and regulations.    

The revised PASPGP-5 may be viewed on the Baltimore District Regulatory Internet Web page:  http://www.nab.usace.army.mil/Missions/Regulatory.aspx


It is requested you communicate the foregoing information to any persons known by you to be interested and who may not have received a copy of this notice.  If you have any questions regarding this matter, please contact Mrs. Patricia A. Strong, State College Regulatory Field Office ,1631 South Atherton Street, State College, Pennsylvania, 16801 or via telephone at (410) 962-1847 or via email at Pat.Strong@usace.army.mil.

 

                                                                        Daniel P. Swenson
                                                                        Chief, Regulatory Branch 
                                                                        Baltimore District