PN 19-35 NAB-2019-00070 (Black Run) Dauphin County, Pennsylvania

Published June 10, 2019
Expiration date: 7/10/2019

                       Public Notice
U.S. Army Corps             In Reply to Application Number
of Engineers                    NAB-2019-00070-P24 (Black Run)
Baltimore District                     

PN-19-35                              Comment Period: June 10, 2019 to July 10, 2019


This District has received an application for a Department of the Army permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act (33. U.S.C. 1344) as described below:

APPLICANT:     Ms. Catherine Prince
                           Hawthorne SPE, LLC.
                           3605 Vartan Way, Suite 301
                           Harrisburg, Pennsylvania 17110

WATERWAY AND LOCATION OF THE PROPOSED WORK:  Black Run located in Susquehanna Township, Dauphin County, Pennsylvania, near the intersection of N. Progress Ave. and Linglestown Road.

PURPOSE AND PROPOSED WORK:  Hawthrone SPE, LLC Development Group is proposing a phased land development project named Susquehanna Union Green.  Part of the land development would be a floodplain restoration for Black Run which runs through the 58 acre site.  Along with the flood plain restoration, other anticipated development on the site include commercial/retail buildings, hotel, senior living, single family homes, walking trails and green space.

The floodplain restoration project would consist of removing 16,000 cubic yards of legacy sediment to create an approximate five acre floodplain area along Black Run and the construction of a new stream channel, approximately 2,837 linear feet in length, through the created floodplain area.  Temporary road crossings would be established for construction vehicles to use during the project.  Wood grade control and other large woody debris would be installed in the created stream channels to create fish habitat.  The floodplain restoration work is proposing to result in the creation of 143,601 square feet of palustrine emergent wetlands.  Four permanent crossings are proposed to be installed in the project area as part of development of the site including one timber pile pedestrian bridge; one Conspan Arch (Hawthrone Circle ); and a Concrete Box Culvert and second wetland fill for road crossings associated with Garrison Avenue (two separate crossings for construction of the roadway.

All work is proposed to be completed in accordance with the attached plans (Enclosure).

Impacts Summary

The proposed infrastructure impacts (fills from roads, outfalls, bridges, utilities and embankments) would result in permanent stream impacts of 150 linear feet, temporary stream impacts of 22 linear feet, permanent wetland impacts of 2,752 square feet and temporary wetland impacts of 552 square feet.  The timber pile pedestrian bridge would not result in permanent impacts to waters/wetlands, while the Elmwood Drive crossing would impact 42 linear feet of stream channel, and the crossing for Garrison Avenue would result in permanent impacts to 68 linear feet of existing stream channel.

The proposed floodplain and stream restoration work would result in permanent stream impacts of 2,434 linear feet and temporary stream impacts of 283 linear feet.  The floodplain and stream restoration work would permanently impact 67,615 square feet of wetlands where legacy sediment is to be removed, re-connecting the wetlands to the historic elevation and groundwater hydrology.


The Black Run Floodplain Restoration Project would result in the enhancement and replacement of at least 0.08 acre of wetlands and 150 linear feet of stream channel.  The applicant does not feel that compensatory mitigation is appropriate for this project due to the replacement and enhancement of the resources proposed by the restoration project.

All proposed work would be completed in accordance with the enclosed plan(s). 

The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts of the proposed activity on the public interest.  That decision will reflect the national concern for both protection and utilization of important resources.  The benefit, which reasonable may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments.  All factors, which may be relevant to the proposal will be considered, including the cumulative effects thereof; among those are conservation, economic, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, and consideration of property ownership and in general, the needs and welfare of the people.

The Corps of Engineers is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity.  Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal.  To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above.  Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act.  Comments provided will become part of the public record for this action.  Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.  Written comments concerning the work described above related to the factors listed above or other pertinent factors must be received by the District Engineer, U.S. Army Corps of Engineers, Baltimore District, Ms. Brittany Seguin, 1631 South Atherton Street, Suite 101, State College, Pennsylvania 16801, within the comment period specified above.

ESSENTIAL FISH HABITAT:  The Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996 (Public Law 04-267), requires all federal agencies to consult with the National Marine Fisheries Service on all actions, or proposed actions, permitted, funded, or undertaken by the agency that may adversely affect Essential Fish Habitat.  The Corps has determined this project will not affect any Essential Fish Habitat.

WATER QUALITY CERTIFICATION:  The applicant is required to obtain a water quality certification in accordance with Section 401 of the Clean Water Act from the Pennsylvania Department of Environmental Protection.  The Section 401 certifying agency has a statutory limit of one year from the date of this public notice to make its decision.

COASTAL ZONE MANAGEMENT PROGRAMS:  Where applicable, the applicant has certified in this application that the proposed activity complies with and will be conducted in a manner consistent with the approved Coastal Zone Management Program.  By this public notice, we are requesting the state concurrence or objection to the applicant’s consistency statement.  It should be noted that the Coastal Zone Management Program has a statutory limit of 6 months to make its consistency determination.

The applicant must obtain any state or local government permits which may be required.

A preliminary review of this application indicates that the proposed work will not affect federal listed threatened or endangered species or their critical habitat, pursuant to Section 7 of the Endangered Species Act, as amended.  As the evaluation of this application continues, additional information may become available which could modify this preliminary determination.

Review of the latest published version of the National Register of Historic Places indicates that no registered properties listed as eligible for inclusion, therein, are located at the site of the proposed work.  Currently unknown archeological, scientific, prehistoric, or historical data may be lost or destroyed by the work to be accomplished under the request permit.

The evaluation of the impact of this project on the public interest will include application of the guidelines promulgated by the Administrator, U.S. Environmental Protection Agency, under authority of Section 404 of the Clean Water Act. 

Any person who has an interest which may be adversely affected by the issuance of this permit may request a public hearing.  The request, which must be in writing, must be received by the District Engineer, U.S. Army Corps of Engineers, Baltimore District,
Ms. Brittany Seguin, 1631 South Atherton Street, Suite 101, State College, Pennsylvania 16801, within the comment period as specified above to receive consideration.  Also it must clearly set forth the interest which may be adversely affected by this activity and the manner in which the interest may be adversely affected.

It is requested that you communicate this information concerning the proposed work to any persons know by you to be interested and not being known to this office, who did not receive a copy of this notice.

If you have any questions concerning this matter, please contact Ms. Brittany Seguin, (717) 249-8822 or at



                                                                       Wade B. Chandler
                                                                       Chief, Pennsylvania Section
                                                                        Regulatory Branch