PN-20-21 NAB-2020-00126-P07 (PA DOT - SR 322 Phillipsburg Road Widening)

Published March 26, 2020
Expiration date: 4/25/2020

                    Public Notice
U.S. Army Corps          In Reply to Application Number 
of Engineers                 NAB-2020-00126-PO7 (PA DOT – SR 322 Phillipsburg Road
Baltimore District                     
PN-20-21                      Comment Period: March 26, 2020 to April 25, 2020


This District has received an application for a Department of the Army permit pursuant to Section 404 of the Clean Water Act (33 USC 1344), as described below:

                         Pennsylvania Department of Transportation
                         Engineering District 2-0
                         Attn: Robert Weed, Environmental Manager
                         70 PennDOT Drive
                         Clearfield, Pennsylvania 16830

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The proposed project is located on State Route 322 from the Borough of Phillipsburg continuing north and west for approximately 1.5 miles through the Village of Graham, in Laurel Run, Little Laurel Run and an unnamed tributary to Laurel Run, and in wetlands abutting those tributaries, in Decatur Township, Clearfield County, Pennsylvania. Latitude 40.91556 X Longitude -78.24944.

OVERALL PROJECT PURPOSE: See HQ SOP, July 2009, Section 12 and 33 CFR 325 App B 9(b)(4)  The Corps makes the determination of overall project purpose using the information provided by the applicant.  The overall project purpose is more specific than the basic project purpose and will help establish the geographic scope of the alternatives review.  The overall project purpose should be specific enough to define the applicant’s needs, but not so restrictive as to preclude all discussion of alternatives. . The Pennsylvania Department of Transportation proposes to remove and replace two minor road crossings and to widen State Route 322, from the Borough of Phillipsburg continuing north and west for approximately 1.5 miles through the Village of Graham, by adding a center turning lane to reduce traffic accidents and traffic congestion, and to update highway infrastructure. 

PROJECT DESCRIPTION:  The Pennsylvania Department of Transportation proposes to upgrade 1.5 miles of State Route 322, a two lane, public highway, extending from the Borough of Phillipsburg through the Village of Graham, by widening the roadway to accommodate a center turning lane and to replace one stream crossing of Little Laurel Run and a second crossing of an unnamed tributary to Laurel Run.  Work is proposed as depicted on the attached plans.

EFFECTS ON AQUATIC RESOURCES:  The work entails replacement of two stream crossings: replacement of a bridge over Little Laurel Run at the confluence of Laurel Run, and replacement of a twin culvert crossing with a single box culvert in an unnamed tributary to Laurel Run.  Post construction conditions of both waterways will be maintained with regard to flood and storm flows.  Widening of the roadway will permanently impact 0.958 acre of wetlands and temporarily impact 0.662 acre of wetland.

Activity (i.e. culvert)

Stream Impact (lf)

Wetland Impact (acre)

Authority (Section 10/404/408)

Bridge Replacement

Laurel Run 32 l.f. (temporary); Little Laurel Run 83 l.f. permanent


Section 404

Culvert Replacement

Unnamed Tributary to Laurel Run 160 l.f, permanent


Section 404

Road Widening


0.958 acre permanent impact; 0.662 acre temporary impact

Section 404


LEAD FEDERAL AGENCY:  The U.S. Army Corps of Engineers, as the lead federal agency, is responsible for all coordination pursuant to applicable federal authorities.

APPLICANT’S PROPOSED AVOIDANCE, MINIMIZATION, AND COMPENSATORY MITIGATION:  The applicant has considered avoidance and minimization of project impacts to the aquatic environment by reducing shoulder widths from optimal to minimum standards, reducing wetland impacts by approximately 0.3 acre.  In addition, the applicant has designed steeper slopes on the embankments to further reduce wetland impacts.  As compensatory mitigation, the applicant proposes to debit appropriate credits from the McPherron Advanced Wetland Compensation Site and Kettle Creek Wetland Bank to offset impacts to wetlands. 

CORPS EVALUATION REQUIREMENTS:  This project will be evaluated pursuant to Corps Regulatory Program Regulations (33 CFR Parts 320-332).  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 evaluation of the impact of this project will also include application of the Clean Water Act Section 404(b)(1) Guidelines promulgated by the Administrator, U.S. Environmental Protection Agency.

ENDANGERED SPECIES: A preliminary review of this application indicates that the proposed work will have no effect federally-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.

ESSENTIAL FISH HABITAT:  The Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA), 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 (EFH), including species of concern, life cycle habitat, or Habitat Areas of Particular Concern. The project site lies in or adjacent to EFH as described under MSFCMA for managed species under the MSFCMA.  The Baltimore District has made a preliminary determination that the project will have no effect  on EFH.  The Baltimore District has made a preliminary determination that mitigative measures are not required to minimize adverse effects on EFH at this time. This determination may be modified if additional information indicates otherwise.

HISTORIC RESOURCES:  Pursuant to Section 106 of the National Historic Preservation Act of 1966 and applicable guidance, the Corps has reviewed the latest published version of the National Register of Historic Places and initially determined that no registered properties listed as eligible for inclusion, therein, are located at the site of the proposed work.  The Corps has made the preliminary determination that the proposed project would have no effect on historic properties.  The Corps final eligibility and effect determination will be based on coordination with the State Historic Preservation Office as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps’ identified permit area.

TRIBAL RESOURCES:  Section 106 of the National Historic Preservation Act also requires federal agencies to consult with federally-recognized American Indian tribes that attach religious and cultural significance to historic properties that may be affected by the agency’s undertaking.  Corps Tribal Consultation Policy mandates an open, timely, meaningful, collaborative, and effective deliberative communication process that emphasizes trust, respect, and shared responsibility.  The policy further emphasizes that, to the extent practicable and permitted by law, consultation works toward mutual consensus and begins at the earliest planning stages, before decisions are made and actions taken.  The Corps final eligibility and effect determination will be based on coordination with interested tribes, in accordance with the Corps current tribal standard operating procedures as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on tribal resources.

MODIFICATION OF CIVIL WORKS PROJECTS:  33 USC 408 (SECTION 408):  All Section 408 proposals will be coordinated internally at USACE.  The Section 408 decision will be issued along with the Section 404 and/or Section 10 decision.  Please see the following link for more information regarding Section 408:

WATER QUALITY CERTIFICATION:  The applicant is required to obtain a water quality certification in accordance with Section 401 of the Clean Water Act.   

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.

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

SUBMISSION OF COMMENTS: 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 and are subject to release to the public through the Freedom of Information Act.  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 U.S. Army Corps of Engineers, Baltimore District within the comment period specified above through postal mail at the address below or electronic submission to the project manager email address below. Written comments should reference the Application Number NAB 2020-00126-P07.

PUBLIC HEARING REQUESTS:  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 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.   The public hearing request may be submitted by electronic mail or mailed to the following address:

John Gibble
U.S. Army Corps of Engineers, Baltimore District
Regulatory Branch
Carlisle Regulatory Field Office
401 East Louther Street, Suite 205
Carlisle, Pennsylvania 17013

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

General information regarding the Corps’ permitting process can be found on our website at  This public notice has been prepared in accordance with Corps implementing regulations at 33 CFR 325.3.  If you have any questions concerning this specific project, or would like to request a paper copy of this public notice, please contact
Mr. John Gibble, (717) 249-9457 or  This public notice is issued by the Chief, Regulatory Branch.