Public Notice
U.S. Army Corps In Reply to Application Number
of Engineers NAB-2023-00151-P12 (York Haven Nature Like FishWay)
Baltimore District
PN-23-34 Comment Period: August 23, 2023 to September 22, 2023
THE PURPOSE OF THIS PUBLIC NOTICE IS TO INFORM INTERESTED PARTIES OF THE PROPOSED ACTIVITY AND TO SOLICIT COMMENTS. NO DECISION HAS BEEN MADE AS TO WHETHER OR NOT A PERMIT WILL BE ISSUED AT THIS TIME.
This District has received an application for a Department of the Army permit pursuant to Section 10 of the Rivers and Harbors Act (33 USC 403) and Section 404 of the Clean Water Act (33 USC 1344),as described below:
APPLICANT:
Ms. Jody Smet
York Haven Power Company, LLC
100 Hydro Park Drive
York Haven, Pennsylvania 17370
WATERWAY AND LOCATION OF THE PROPOSED WORK:
The proposed project is located on the east side of the Susquehanna River, at the southwest corner of Three Mile Island (TMI), around the north abutment of the main York Haven dam, in Londonderry Township, Dauphin County, Pennsylvania. (Latitude 40.134155/Longitude -76.724671)
OVERALL PROJECT PURPOSE: To improve fish passage and connectivity of aquatic habitats in the Susquehanna River at the York Haven Dam.
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.
PROJECT DESCRIPTION:
York Haven Power Company, LLC (YHPC) is the owner, operator, and licensee of the York Haven Hydroelectric Project. YHPC began the Federal Energy Regulatory Commission (FERC) relicensing process of the project in June 2009. As part of the relicensing agreement, a Settlement Agreement was executed by YHPC, United States
Fish and Wildlife Service, Pennsylvania Fish and Boat Commission, Maryland Department of Natural Resources and the Susquehanna River Basin Commission and was filed with FERC on January 30, 2014. The main issues associated with the relicensing of the project included: (1) upstream passage of American shad and other anadromous species; (2) upstream passage of American eels; (3) downstream passage of post-spawning American Shad; (4) downstream passage of juvenile American Shad; (5) downstream passage of juvenile silver stage American Eel; (6) resident fish passage; (7) flow management; (8) water quality and debris management; and (9) endangered species and species of special concern. The construction of a nature-like fishway (NLF) was the main component of the Settlement Agreement.
On September 24, 2021, YHPC notified FERC that it had entered a FERC-mediated dispute resolution with the resource agencies to address the construction of the NLF at the project. After a successful utilization of the process, an inland bypass NLF at the north end of the Project’s Main Dam, located on Three Mile Island was agreed to in an amended Settlement Agreement signed by YHPC and the Resource Agencies and filed with FERC for amending the license on January 26, 2023.
The primary purpose of this NLF is to improve fish passage and connectivity in the Susquehanna River, as supported by the Resource Agencies. The NLF is designed to improve fish passage and connectivity by simulating the geomorphology, hydraulics, and functions of natural river channels. At the suggestion of the resource agencies during relicensing, YHPC investigated the feasibility of an NLF concept at the Main Dam apex. Through evaluations with experts in the NLF field, YHPC concluded that the area was well-suited for an NLF. During the design review process and the review of various alternatives, YHPC and the Resource Agencies considered two options, an In-river NLF (as agreed to in the original Settlement Agreement) and an Inland NLF (agreed to in the amended Settlement Agreement). The Inland NLF was determined to be the preferred alternative of YHPC and the Resource Agencies because it reduced the overall aquatic impacts of the NLF, maintains dam safety, and still meets the objective of providing suitable anadromous and resident fish passage.
The fishway entrance will be located approximately 90 feet downstream of the Main Dam north abutment, and the exit will be located approximately 150 feet upstream of the Main Dam north abutment. Fish that enter the fishway will swim up the Inland NLF, around the north abutment of the Main Dam, and will exit to the upstream impoundment (Lake Fredrick) and continue their upstream migration. To provide additional attraction, to the fishway entrance, during the migratory fish passage season, a portion of the crest of the Main Dam will be modified to accommodate a supplemental attraction water feature (SAWF). The feature will permanently lower a 90-foot-long section of the Main Dam and will include a manually adjustable crest that will be optimized over the first years of fishway operation (based on visual observations and fishway effectiveness testing).The manually adjustable crest will allow for future adaptive management of the SAWF, but adjustment will be limited to periods when staff can access the dam safely.
The Inland NLF will be approximately 120 feet wide and approximately 700 feet long, including rock riffle at the NLF entrance. The Inland NLF will consist of a rock riffle with staggered boulders and two defined channels where fish enter the Inland NLF after they migrate from the powerhouse tailrace along the steeper natural gradient river channel (Conewago Falls) to the fishway entrance. Upstream from the rock riffle in the Inland NLF, fish will enter the approximately 50-foot-long resting pool downstream of weir 12 of 12. The downstream weirs (Weirs 2-12) will be parabolic in shape, with the opening facing downstream. The 12 weirs will be constructed of large weir boulders set on a stone bedding on bedrock, with face and footer boulders, and riprap surrounding these weir boulders to form the weirs. The leading weir (Weir 1, most upstream) is proposed to be constructed with concrete core wall to limit seepage from the reservoir area above the pond, in combination with the sheet pile subsurface flow cutoff wall extending from the Main Dam to Wier 1 and continuing upstream. The side slopes of the fishway will be protected with riprap designed to resist the reasonably anticipated hydraulic forces expected in the fishway. The boulders being used will be sourced from a local quarry and will contribute to the natural character of the fishway by simulating the conditions found in the area just downstream in the Susquehanna River.
To stabilize the existing banks of TMI. Riprap will be placed approximately 40 feet upstream and downstream of the Inland NLF. A permanent access road will be established along the east side of the Inland NLF to allow for access for monitoring and future maintenance. This access road would terminate near Weir 1 at an elevation of approximately 280’, providing access to the upstream end of the fishway during moderate and low flows.
Construction of the NLF is planned to occur over approximately 15 months.
The inland NLF would permanently impact Wetlands identified as Wetlands A, B, C, I, J and K, and the Susquehanna River to create the fish passage and stabilize the shoreline. No temporary wetland impacts are anticipated.
All work is proposed in accordance with the attached plans prepared by Kleinschmidt Group, dated May 22, 2023.
EFFECTS ON AQUATIC RESOURCES:
To summarize the tables below, the project is proposed to permanently impact 1.23 acres of impacts below the ordinary high water mark (OHWM) to the Susquehanna River, 0.56 acre of wetlands above the OHWM and 0.12 acre of wetlands below the OHWM. 1.37 acres of temporary impacts will occur in the Susquehanna River below the OHWM, as a result of a cofferdam. The 1.37 acres encompasses the permanent impact area of 1.23 acres and an additional 0.14 acre to be restored to preconstruction contours upon installation of the Inland NLF. There are no proposed temporary impacts to wetlands proposed.
Title 25, Chapter 93 of the Pennsylvania Code classifies the main stem of the Susquehanna River as a warm water fishery and migratory fishery.
LEAD FEDERAL AGENCY:
The Federal Energy Regulatory Commission, as the lead federal agency, is responsible for all coordination pursuant to applicable federal authorities.
APPLICANT’S PROPOSED AVOIDANCE, MINIMIZATION, AND COMPENSATORY MITIGATION:
In order to fulfill the projects’ purpose, the Susquehanna River needed to be directly impacted. The no-action alternative was not feasible, and the lack of fish passage would continue.
The applicant evaluated modifying the existing East Channel fishway, but it was determined even if the existing fishway were to be upgraded the American Shad passage efficiency would only be about 30 %. The project is being designed for an efficiency of at least 80%. Thus, the modification alone would not meet the project requirements.
Trap and truck fish passage was determined to be not feasible, as York Haven would be the only dam, in the series of four major dams (Conowingo, Holtwood, Safe Harbor and York Haven) on the lower Susquehanna, to have no upstream passage constructed as a part of the dam.
Fish lifts are currently employed at the three lower dams but have met with limited success. So, the use of a fish lift would still not fully satisfy the project purpose and need.
Once it was determined that the only proposal that would satisfy all the needs for the project would be a new fish passage design on site, various locations along the dam were investigated and it was determined that the location and design of the proposed inland NLF best met the project need and purpose while still minimizing impacts to the aquatic environment.
During the design process the width of the NLF was reduced from 300 feet to 120 feet wide, thus reducing the amount of permanent palustrine forested wetland impacts and wetlands below the OHWM by over 0.5 acres.
In addition, during design, the limit of disturbance for the Inland NLF was adjusted to avoid 0.02 acres of impact to Wetland E.
There were concerns of the potential for secondary impacts to the unimpacted portion of Wetland A. However, the applicant will limit the potential for secondary impacts (draining) and thus preserve the northern portion of Wetland A by installing low-permeability soils in the permanent access road at the south end of this wetland, where the fishway will need to be excavated. By maintaining the ability to pond water in the remaining portions of Wetland A even post-construction, no permanent indirect impacts are anticipated.
Construction-related temporary impacts to the river will be reduced by compliance with any in-water work windows and the application of an approved erosion and sedimentation control plan.
The proposed Inland NLF design includes an approximately 120-foot-wide inland bypass fishway with approximately 1.3 acres of in-river excavation related impacts, 0.56 pf permanent wetland impacts above the OHWM, and 0.12 of permanent wetland impacts below the OHWM. Mitigation for the 0.56 acres of permanent wetlands impacts above the OHWM will occur at the Codorus Creek Mitigation Bank. The benefits provided by the Inland NLF will out way the need to mitigate for the 1.3 acres of permanent river impacts and the 0.12 acres of permanent wetland impacts below the OHWM.
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, United States Environmental Protection Agency.
ENDANGERED SPECIES:
As the Lead Federal Agency FERC will be required to ensure compliance with Section 7 of the Endangered Species Act.
A preliminary review of this application indicates that the proposed work is not likely to adversely affect federally listed threatened or endangered species or their critical habitat, pursuant to Section 7 of the Endangered Species Act, as amended. The proposed inland NLF and staging area is located within the range of the federally listed Indiana and Northern long-eared bat. Thus, all tree-cutting activities will occur between October 1 and March 31 during any given year. 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 does not lie 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.
HISTORIC RESOURCES:
As the Lead Federal Agency FERC will be required to ensure compliance with Section 106 of the National Historic Preservation Act.
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 registered properties listed as eligible for inclusion, therein, maybe located at the site of the proposed work.
TRIBAL RESOURCES:
As the Lead Federal Agency FERC will be required to ensure compliance of Section 106 of the National Historic Preservation Act.
The act 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.
MODIFICATION OF CIVIL WORKS PROJECTS: 33 USC 408 (SECTION 408):
All Section 408 proposals will be coordinated internally at the United States Army Corps of Engineers. 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: https://www.nab.usace.army.mil/Missions/Regulatory/Section-408-Requests/.
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.
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 United States 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-2023-00151.
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:
Michael Dombroskie
Mike.dombroskie@usace.army.mil
U.S. Army Corps of Engineers, Baltimore District
Regulatory Branch
State College Field Office
1631 South Atherton Street, Suite 101
State College, Pennsylvania 16801
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 https://www.nab.usace.army.mil/Missions/Regulatory.aspx. 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 Michael Dombroskie at (814)235-0571 or at mike.dombroskie@usace.army.mil.. This public notice is issued by the Chief, Regulatory Branch.