PN-25-12 NAB-2024-00363-P02 (PA DOT I-83 North York Widening - Section 091-090)

                       Public Notice

U.S. Army Corps                   In Reply to Application Number
of Engineers                          NAB-2024-00363-P02 (PA DOT I-83 North York Widening
                                                  - Section 091-090)
Baltimore District
PN-25-12                                 Comment Period: February 20, 2025 to March 22, 2025
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 404 of the Clean Water Act (33 USC 1344), as described below:

APPLICANT:

Ms. Nexa Castro
Pennsylvania Department of Transportation
Engineering District 8-0
2140 Herr Street
Harrisburg, PA 17103-1699

WATERWAY AND LOCATION OF THE PROPOSED WORK:

The proposed project is located in Codorus Creek and unnamed tributaries to Codorus Creek; and in Mill Creek and unnamed tributaries to Mill Creek including wetlands, in Springettsbury Township, Spring Garden Township, Manchester Township, and North York Borough, York County, Pennsylvania, (39.978742, -76.717308).

OVERALL PROJECT PURPOSE:

To reconstruct approximately 1.62 miles of the Interstate 83 (I-83) corridor between Exit 19 and Exit 22 to achieve a more functional and modern roadway that maximizes current design criteria to improve future traffic flow, queuing, and safety on I-83. 

PROJECT DESCRIPTION:

To reconstruct approximately 1.62 miles of highway and interchange along I-83 in York County, Pennsylvania. The proposed project, Section 1 of the I-83 North York Widening Section 091 and 090, is the first of three proposed construction phases of the overall 5-mile long I-83 North York Widening Project which also includes future Section 2, Exits 21 and 22, and Section 3,
Exit 19. The project will include widening of I-83 in both directions from four lanes to six lanes; replacements of bridges and culverts; construction of drainage features and outfalls; ramp reconstruction; access road construction; Mill Creek relocation, rehabilitation, floodplain restoration, and planting; Channel 31 unnamed tributary to Codorus Creek relocation, rehabilitation, daylighting, and naturalization; four existing culvert removals; and construction of the Darrah and Eden Floodplain Wetland Basins. The project will permanently impact 6,608-linear feet of stream channels; temporarily impact 637-linear feet of stream channels; permanently impact 0.540-acre of wetlands; and temporarily impact 0.383-acre of wetlands.

The reconstruction and interchange improvement project will involve multiple bridge replacements, structure removals, new culverts, culvert extensions, stream relocations, stream channel reconstructions, and the relocation or construction of outfalls as follows:

The I-83 bridge over Codorus Creek, which spans the main channel; the I-83 bridge over Loucks Mill Road; and the I-83 bridge over Norfolk Southern Rail Yard will be replaced by a single eight-span continuous steel plate girder bridge over Codorus Creek, Loucks Mill Road, and the Norfolk Southern Rail Yard. The I-83 bridge over Mill Creek will be replaced with a single-span composite steel plate girder bridge on a shifted horizontal alignment and a similar vertical alignment. Temporary cofferdams will be utilized for construction access and dewatering

The removal of four existing culverts including: The East 10th Avenue culvert will be removed daylighting 62-linear-feet of an unnamed tributary (UNT) to Codorus Creek;

The Athletic Field culvert will be removed daylighting 523.5-linear-feet of an UNT tributary to Codorus Creek; the Columbia Avenue culvert will be removed daylighting 63.3-linear-feet of an UNT tributary to Codorus Creek; and the Toronita Street culvert will be removed daylighting 60.7-linear-feet of an UNT tributary to Codorus Creek. The existing culvert removals will daylight a total of 709.5 linear feet of stream channel.

Queen Street culvert: A new corrugated metal pipe arch with a headwall will be added under the relocated Queen Street to accommodate the realigned channel. The proposed culvert is a 44.0-foot-long, 7.25-foot-wide by 5.25-foot-high corrugated metal arch culvert with 12-inches of embedment.

I-83/Ramp Z reinforced concrete box culvert crossing conveying the UNT to Codorus Creek under I-83 will be extended. The culvert length is 189.3 feet, and the hydraulic opening is approximately 45.5-square-feet. In the proposed condition, extensions will be added to the upstream and downstream sides to account for the relocation of the UNT to Codorus Creek in the upstream reach and the I-83 widening. The total length of the extended box culvert will be 354.94-linear-feet. The proposed extension inverts will be depressed 12 inches below streambed elevation. Baffles were omitted because Channel 31 is intermittent and only flows during storm events.

I-83 off-ramp (Ramp X): A new precast reinforced concrete box culvert will be added under the new I-83 northbound off-ramp, which will tie into the existing Toronita Street roadway. The proposed structure will be skewed 90 degrees to the roadway centerline to align with the relocated stream channel. The proposed culvert is an 80.0-foot-long, 16.0-foot-wide by 7.0-foot-high concrete box culvert with 12-inches of embedment. Similar to the I-83 culvert extensions, fish baffles were not included in the Ramp X culvert.

Mill Creek relocation includes 4,415-linear feet of full channel reconstruction utilizing an ecological restoration design approach with reconnection of Mill Creek with its floodplain between the Eberts Lane crossing and Eden Road. The relocated Mill Creek channel will consist of a meandering channel with pools and riffles. The typical riffle section has a bankfull width of
34.4 feet, a maximum depth of 3.2 feet, and 3:1 side slopes. The typical pool section has a bankfull width of 38.0 feet, a maximum depth of 8.0 feet, and 2:1 side slopes. The Mill Creek relocation will also include riparian plantings utilizing native species within a 23-acre area.  

UNT to Codorus Creek (Channel 31) relocation through the new Queen Street culvert beginning 160-feet upstream of the Queen Street crossing and ending at the inlet of the I-83 culvert extension. The relocated UNT to Codorus Creek typical main channel section will consist of a 4-foot bottom width and 2:1 side slopes upstream of the Queen Street culvert. The typical channel bottom width begins to widen starting approximately 30-feet upstream of the Queen Street culvert to a width of 8.0-feet. Additionally, the UNT to Codorus Creek channel will be regraded between the outlet of the extended I-83 structure to approximately 140-feet upstream of the Codorus Creek levee. The channel section consists of an 8-foot bottom width and side slopes that vary between 2:1 in most of the downstream reach and 3:1 near the SR 8015 Ramp X culvert. The existing levee will not be altered.

Outfall DP-002 (Mill Creek Sta 19+47 RT): The existing outfall is a 24-inch RCP that discharges to an existing 7-foot-wide channel. The proposed outfall will feature a dual 36-inch pipe culvert and vegetated channel with a 10-foot bottom width and a 2-foot minimum depth with 2:1 side slopes.

Outfall DP-003 (Mill Creek Sta 23+07 RT): The existing outfall is an existing 24-inch pipe culvert. The proposed outfall will be a 36-inch pipe that discharges to a channel with a 6-foot bottom width and a 2-foot minimum depth with 2:1 side slopes.

Outfall DP-005 (Mill Creek Sta 31+05 RT): The existing outfall is a short channel that conveys runoff from an existing 30-inch RCP pipe culvert beneath I-83. The proposed outfall will feature a proposed 48-inch pipe beneath I-83 and connect to relocated Mill Creek with a vegetated swale having a 12-foot bottom width and a 2-foot minimum depth with 2:1 side slopes.

Outfall DP-006 (Mill Creek Sta 36+54 RT): The existing outfall is a 30-inch pipe culvert that conveys runoff from north of I-83 and median drainage directly into Mill Creek. The proposed outfall will consist of a 36-inch pipe, end wall, and riprap apron.

Outfall DP-010 (Mill Creek Sta 48+92 LT): The existing outfall is a poorly defined roadside channel that drains the shoulder and embankment to the south of I-83. The proposed outfall will consist of a swale with a 5-foot bottom width, 2-foot minimum depth, 2:1 side slopes, and a riprap apron.

Outfall DP-011 (Mill Creek Sta 54+00 LT): The existing outfall is a poorly defined roadside channel. The proposed outfall will consist of a swale with a 5-foot bottom width, 2-foot minimum depth, 2:1 side slopes, and a riprap apron.

Outfall DP-013 (CHN 31 Sta 19+59 RT): This is a new proposed 24-inch outfall that is needed to outlet the proposed infiltration basin on the right overbank of Channel 31.

The construction of the Eden and Darrah Floodplain Wetland Basins directly and/or indirectly impacting Wetlands WL 10, WL 16, WL 17, and WL 20. Two floodplain wetland basins will serve as borrow sites and will be constructed to provide hydraulic, habitat, and water quality benefits. These basins will comprise a total of 5.42 acres within the Mill Creek Riparian Restoration area and are not part of compensatory mitigation.

EFFECTS ON AQUATIC RESOURCES:

LEAD FEDERAL AGENCY:

The United States Department of Transportation, Federal Highway Administration, as the lead federal agency, is responsible for all coordination pursuant to applicable federal authorities.

APPLICANT’S PROPOSED AVOIDANCE, MINIMIZATION, AND COMPENSATORY MITIGATION:

The proposed improvements are constrained by the surrounding development, topography, and wetlands/waterway resources in this area but still completely avoid three wetlands in the project area.

The use of steepened slopes has been incorporated to the greatest extent possible to reduce impacts. The highway alignment was shifted north to provide more floodplain capacity for Mill Creek. Some watercourses will be daylighted where practicable. Exclusionary fencing will be used around wetlands and forested areas within the limits-of-disturbance. Temporarily impacted wetland areas will be restored to pre-construction conditions and planted with the wetland seed mix listed in the E&S Pollution Control Plan. These areas are expected to resume the functions and values of the wetlands prior to the temporary disturbances.

Stream improvements are proposed throughout the project area, mainly centered around Mill Creek. Implementation of the improvements would restore the natural condition of the streams and enhance the water quality, physical habitat, and aquatic community conditions for the channels through the project area. Additionally, the stream and floodplain connection will be restored along Mill Creek in this area and tree and shrub plantings throughout the area will restore the riparian habitat. Permanent wetland impacts are proposed to be mitigated through purchased banking credits at an approved Mitigation Bank.

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.

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 adverse 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 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. 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 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-2024-00363-P02. We also encourage you to use the Regulatory Request System to submit comments by visiting rrs.usace.army.mil.

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:

Mr. Michael Danko
mike.danko@usace.army.mil
United States Army Corps of Engineers, Baltimore District
Regulatory Branch
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 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 Mr. Michael Danko at (717) 249-8730, or at mike.danko@usace.army.mil with NAB-2024-00363-P02 in the subject line. This public notice is issued by the Chief, Regulatory Branch.