PUBLIC NOTICE
Applicant: Published: September 30, 2025
Eric Murnyack, Professional Engineer Expires: October 31, 2025
Pennsylvania Department of Transportation Engineering District 2-0
PN-25-32
Baltimore District
Permit Application No. NAB-2020-00456-P02
TO WHOM IT MAY CONCERN: The Baltimore District of the U.S. Army Corps of Engineers (Corps) has received an application for a Department of the Army permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344). The purpose of this public notice is to solicit comments from the public regarding the work described below:
AGENT: Paul DeAngelo
Skelly and Loy, Incorporated
449 Eisenhower Boulevard
Suite 300
Harrisburg, PA 17111
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Spring Creek, Sinking Creek, and Sleepy Creek, including wetlands. The project/review area is approximately 3,963 acres located on the north and south sides of U.S. 322, extending approximately 8 miles between the U.S. 322 Potters Mill Gap Interchange in the east to the U.S. 322 Mount Nittany Expressway interchange with S.R. 45 in Boalsburg to the west. The project is located in Potter and Harris Townships, in Centre County, Pennsylvania, with an approximate center point of Latitude 40.786861 N, and Longitude -77.704160 W (Enclosure 1).
EXISTING CONDITIONS: The approximately 3,963-acre project area contains 104 delineated streams comprising 100,459-linear feet and 21 acres, and 218 delineated wetlands comprising 281 acres. Spring Creek and its unnamed tributaries are identified by the Pennsylvania Fish and Boat Commission as streams that support the natural reproduction of trout (i.e., wild trout streams), and is also designated by the Pennsylvania Fish and Boat Commission as a Class A Wild Trout Stream. Spring Creek is designated as a High-Quality Cold Water Fishery by the Pennsylvania Department of Environmental Protection. Sinking Creek is designated as a Stocked Tout Water by the Pennsylvania Fish and Boat Commission and a Cold Water Fishery by the Pennsylvania Department of Environmental Protection. The limits-of-disturbance of the Central Alternative, the preferred alternative of the Pennsylvania Department of Transportation (PennDOT) and the Federal Highway Administration (FHWA) contains 30 acres of wetlands and 9,566-linear feet of stream channels. The project area also contains local roads, agricultural operations, farmsteads, forested lands, businesses, and residential buildings.
PROJECT PURPOSE:
Basic: Transportation improvement project.
Overall: To complete a four-lane limited access highway between Potter’s Mills and Boalsburg intended to improve roadway congestion by achieving acceptable Levels of Service; to address safety issues by reducing the predicted crash frequency along the U.S. 322 corridor; and to provide a transportation network that meets driver expectations by improving the roadway network, configuration, and continuity.
PROPOSED WORK: The applicant requests authorization to discharge dredged and/or fill materials into waters and wetlands to: permanently adversely impact (permanent loss of wetlands) 14.81 acres of wetlands at 47 permanent impact locations; temporarily impact up to 15.46 acres of wetlands at 34 temporary impact locations; permanently adversely impact (permanent loss of waters) 3,798-linear feet/0.65 acre of stream channels at 23 permanent impact locations; and temporarily impact up to 802-linear feet/2.61 acres of stream channels at 26 temporary impact locations.
Proposed permanent adverse wetland impacts broken down by wetland type are as follows: palustrine emergent wetlands (PEM) 11.67 acres; palustrine scrub-shrub wetlands (PSS) 0.99 acre; palustrine forested wetlands (PFO) 0.03 acre; and palustrine open water wetlands (POW) 2.12 acres.
Proposed permanent adverse stream impacts broken down by stream type are as follows: intermittent streams 1,111-linear feet; perennial streams 2,688-linear feet.
Proposed temporary impacts are anticipated to be located at bridge span locations, and the wetlands and streams proposed to be spanned may be exposed to temporary impacts associated with construction of the bridge structures. Upon completion of bridge construction, the temporary impacts to wetlands and streams within the limit-of-disturbance would be restored to preconstruction conditions including supplemental plantings to improve water quality and wildlife functions. Proposed temporary impacts include up to 15.46 acres of temporary wetland impacts and 802-linear feet/2.61 acres of temporary stream impacts.
Specific wetland and stream impact information and locations for the proposed Central Alternative are depicted in the enclosed Impact Plans (Enclosure 2) and Impact Table (Enclosure 3).
AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: The applicant has provided the following Mitigation Statement pursuant to 33 CFR 325.1(d)(7):
“The SCAC project area includes a diversity of natural, cultural and social resources. The Central Alternative has been developed to avoid and minimize impacts to the many resources while maintaining the rural agricultural landscape of the Penns / Brush Valley Rural Historic District. Bridges have been incorporated into the design to avoid and minimize impacts to the Sinking Creek and Spring Creek resources. Unavoidable adverse impacts to aquatic resources will be compensated for through the purchase of wetland and stream credits at the Babbs Creek Mitigation Area.”
As part of the proposed design, the applicant has proposed 13 bridge crossings of streams and wetlands as an avoidance and minimization measure. The location of the bridge crossings is identified in the table below:
Table 1. Bridge Spans to Avoid Direct Loss Impacts to Streams and Wetlands
Implementation of the proposed 13 bridge crossings will avoid permanent adverse impacts to 15.16 acres of wetlands and 5,767-linear feet of stream channels. However, these aquatic resources may be subject to temporary impacts including 15.46 acres of temporary wetland impacts and 802-linear feet/2.61 acres of temporary stream impacts.
Bridge span locations for the proposed Central Alternative can also be viewed by video at the following link: https://vimeo.com/1112574056/a0afc4f905?share=copy.
COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: Permanent adverse impacts to wetlands and streams will be mitigated through the purchase of bank credits from an approved compensatory mitigation bank site. PennDOT District 2-0 has initiated coordination with bank sponsors within the primary and secondary service areas and have identified that the Babbs Creek Mitigation Bank has adequate capacity to fulfill the credit needs for the State College Area Connector Project. Information on the Babbs Creek Mitigation Bank can be found on the Regulatory In-lieu Fee and Bank Information Tracking System (RIBITS) webpage here: https://ribits.ops.usace.army.mil/ords/f?p=107:2::::::.
CULTURAL RESOURCES: The FHWA, acting as the lead Federal agency for the proposed project, is responsible for documenting compliance with Section 106 of the National Historic Preservation Act of 1966. The FHWA, in consultation with the Pennsylvania State Historic Preservation Office and PennDOT, have determined that the project will have an adverse effect on 19 above ground historic resources eligible for listing in the National Register of Historic Places within the Project Area of Potential Effects. These historic resources include the Penns Valley & Brush Valley Rural Historic District, Michael Jack Estate, Nease House, 126 Vernon Way, 120 Vernon Way, Ruble Family Farm, 166 Taylor Hill Road, 207 Taylor Hill Road, Spangler-Runkle House, 2214 General Potter Highway, Lawrence Grossman Farm, 2414 General Potter Highway, Michael Ulrich Farmstead, 2606 General Potter Highway, and 2668 General Potter Highway. PennDOT has completed a Phase IA archaeological assessment and is proposing additional archaeological investigations for the selected alternative in final design. Mitigation commitments to address the adverse effects to historic resources for the project will be described in the “PROGRAMMATIC AGREEMENT AMONG THE FEDERAL HIGHWAY ADMINISTRATION, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION AND THE PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION THROUGH ITS STATE HISTORIC PRESERVATION OFFICER, PURSUANT TO 36 CFR § 800.14(b)(1) REGARDING THE STATE COLLEGE AREA CONNECTOR PROJECT, SR 322, SECTION D10 IN HARRIS AND POTTER TOWNSHIPS, CENTRE COUNTY, PENNSYLVANIA.”
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. FHWA 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. FHWA final eligibility and effect determination will be based on coordination with interested tribes, in accordance with FHWA 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. The FHWA has consulted with federally recognized tribal organizations (Tribes and Nations) with ancestral ties to Pennsylvania who may attach religious or cultural significance to historic properties within the Area of Potential Effects, namely the Absentee Shawnee Tribe, Delaware Nation, Delaware Tribe, Eastern Shawnee Tribe, Oneida Nation, Onondaga Nation, Seneca Nation, Seneca-Cayuga Nation, and Shawnee Tribe. The Delaware Nation, Delaware Tribe, Eastern Shawnee Tribe, Oneida Nation, Onondaga Nation, Seneca Nation, Seneca-Cayuga Tribe, and Shawnee Tribe, have all requested to be consulting parties under the Section 106 consultation process.
ENDANGERED SPECIES: Pursuant to Section 7 of the Endangered Species Act, any required consultation with the U.S. Fish and Wildlife Service will be conducted in accordance with 50 CFR part 402. The FHWA is the lead Federal agency for Endangered Species Act consultation for the proposed action. Following project screening in the U.S. Fish and Wildlife Service’s Information for Planning and Consulting (IPaC) system, for the Central Alternative, it was determined by the results of the reviews that the project would qualify for usage of the “Programmatic Biological Opinion/Conference Opinion for Transportation Projects in the Range of the Indiana Bat, Northern Long-Eared Bat, and Tricolored Bat” (PBO) for the Central Alternative. The Central Alternative would result in a May Affect, Likely to Adversely Affect determination for the federally endangered Indiana bat and northern long-eared bats and proposed-endangered tricolored bat. Use of the PBO requires several avoidance and minimization measures to avoid take of the protected bats. Mitigation Measure Commitments for protected bat species include the following:
- Ensure all contractor employees are aware of the environmental commitments,
- For karst areas, use best management practices, secondary containment measures and other spill prevention to avoid impacts to hibernacula. Where practicable, employ a 300-ft buffer for fueling areas from caves, sink holes, losing streams, and springs in karst,
- Direct temporary lighting away from suitable habitat during active season,
- Limit tree removal to all that is needed to complete all aspects of the project,
- Avoid tree removal and percussives during the pup season (May through July),
- Clearly identify tree removal from tree avoidance areas, using bright protective fencing,
- Conduct tree removal during bat inactive season of November 15 through March 31.
NAVIGATION: The proposed structure or activity is not located in the vicinity of a federal navigation channel.
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act of 1899 (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
WATER QUALITY CERTIFICATION: Water Quality Certification will be required from the Pennsylvania Department of Environmental Protection, North Central Regional Office, 186 Enterprise Drive, Philipsburg, Pennsylvania, 16866.
NOTE: This public notice is being issued based on information furnished by the applicant. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program. The geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has not been verified by Corps personnel.
EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impact 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 benefits, which reasonably 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 cumulative impacts thereof; among these are conservation, economics, esthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food, and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people. Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be granted unless its issuance is found to be contrary to the public interest.
COMMENTS: The Corps 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 to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this determination, comments are used to assess impacts to 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 are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
The Baltimore District will receive written comments on the proposed work, as outlined above, until October 31, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to
Mr. Michael Danko, Transportation Program Manager at mike.danko@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Baltimore District, Attention: Mr. Michael Danko, Transportation Program Manager, Carlisle Field Office 401 East Louther Street, Suite 205, Carlisle, PA, 17013. Please refer to the permit application number in your comments.
Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.