PN-25-41 NAB-2024-00371-P02 (PA DOT S.R. 0081 Sec 590 Gibson Interchange)

                                                                                                                                                                                           PUBLIC NOTICE
                                                                                                                                   
                                                                                                                                    Applicant:                                        Published:  November 14, 2025
                                                                                                                                    Summer Koziel, P.E.                         Expires:  December 14, 2025
                                                                                                                                    Pennsylvania Department of Transportation
                                                                                                                                    PN-25-41
                                                                                                                                                                                                                                                                          Baltimore District
                                                                                                                                    Permit Application No. NAB-2024-00371-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:

APPLICANT:    Summer Koziel, P.E.
                          Pennsylvania Department of Transportation
                          Engineering District 4-0
                          55 Keystone Industrial Park Road
                          Dunmore, Pennsylvania 18512

 AGENT:          Thomas M. Friel, P.E.
                         Dewberry Engineers, Inc.
                         630 Freedom Business Center Drive
                         3rd Floor
                         King of Prussia, PA 19406-0201

WATERWAY AND LOCATION:  The project would affect waters of the United States, including wetlands, associated with unnamed tributaries to Nine Partners Creek.  The project/review area is located at the Gibson Interchange, Exit 219 on Interstate 81 (I-81), S.R. 0081 at Section 590, in New Milford and Harford Townships, Susquehanna County, Pennsylvania; at Latitude 41.823889 N, and Longitude -75.680278 W.

EXISTING CONDITIONS:  The project study area is located along S.R. 0081 and Pennsylvania S.R. 0848 as shown on the project location map.  The project study area includes the areas on the east and west sides of S.R. 0081, beginning approximately 2,500 feet to the south of the S.R. 0848 overpass and ending approximately 2,350 feet to the north of the S.R. 0848 overpass.  Also included are areas on the northeast and southwest sides of S.R. 0848 beginning approximately 1,200 feet to the northwest of the S.R. 0848 overpass and ending approximately 600 feet to the southeast of the S.R. 0848 overpass.  Additionally, areas surrounding ramps E, F, G, and H, Oliver Road (S.R. 2081), and the Flying J Travel Center are included.  The land use of the project study area is partially undeveloped including wooded areas, fields, waterways and wetland areas.  Developed areas in the study area include roadways, roadside areas, stormwater features, and parking lots.  A wetland delineation of the project area was conducted on April 12 and 13, 2023.  Three (3) palustrine emergent wetland areas were identified in the project study area:  Wetlands A, G, and O.  One (1) wetland containing areas of palustrine emergent wetland, palustrine scrub-shrub, and palustrine forested wetland were identified in the project study area:  Wetland K.  Six (6) waterways were identified within the project study area:  all unnamed tributaries (UNT) to Nine Partners Creek, identified as UNT-1, UNT-2, UNT-3, UNT-4, and UNT-5, which all drain to UNT 6.  An existing conditions plan of the Wetland and Waterway Delineation is shown on the attached plan.

PROJECT PURPOSE:

Basic:  Transportation improvement project for an existing Interstate highway interchange.

Overall:  To improve the interchange function of S.R. 0081 and S.R. 0848 for the safety of motorists using the interchange; to replace substandard transportation bridge and culvert structures; and to implement drainage improvements throughout the project area.

PROPOSED WORK:  The applicant requests authorization to discharge dredged and/or fill materials into waters and wetlands associated with the S.R. 0081 (I-81), Section 590, Gibson Interchange Improvement Project located in New Milford and Harford Townships, Susquehanna County.  The project is located at Exit 219 on I-81 at the crossing with S.R. 0848 (Harford Road) over the Interstate.  The project is approximately 2.3 miles northwest of the Village of Gibson.  The project involves relocating the existing S.R.00 81 southbound off-ramp (Ramp H) and placing a new additional structure over the UNT to Nine Partners Creek for the relocated Ramp H.  The project also includes the replacement of the existing S.R. 8007 structure (currently for both Ramps G and H) over an UNT to Nine Partners Creek, the rehabilitation of the S.R. 0848 structure over an UNT to Nine Partners Creek, various drainage improvements along the UNT to Nine Partners Creek, and the replacement of an existing 60-inch diameter pipe carrying an UNT (UNT-1) below S.R. 0081.  Additionally, roadway upgrades to S.R. 0081 and Ramps E, F, and G are proposed.  Ramp E will be reconstructed to improve sight distance, drainage, and roadway cross slopes.  Ramp F will be reconstructed, and the acceleration lane will be lengthened to meet minimum American Association of State Highway and Transportation Officials requirements for entrance curves with 25 mph design speeds.  Ramp G will also be reconstructed, and its entrance curve will be flattened to allow motorists to enter the acceleration lane at a higher speed.  With these modifications, all the entrance/exit curves at the interchange, except Ramp F, will meet 45 mph design speeds.  Drainage improvements and reconstruction of S.R. 2081 are proposed.  Proposed impacts to wetlands and stream channels for the overall project include 0.72 acre of permanent adverse impact to wetlands (permanent loss of waters of the United States); 0.01 acre of temporary impact to wetlands; 1,057-linear feet/0.16 acre of permanent adverse impacts to stream channels (permanent loss of waters of the United States); and 448-linear feet/0.08 acre of temporary impact to stream channels.  Proposed project impacts by activity are depicted in attached Impact Plans and the table below:

EFFECTS ON AQUATIC RESOURCES:

AVOIDANCE AND MINIMIZATION:  The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:

Impact avoidance and minimization efforts have been considered in the development of the preferred alternative.  The majority of wetland impacts occur along the fill slope of I-81 South as a result of the proposed Ramp H.  The proposed bank along Wetland K is designed at steeper 1.5:1 slope to reduce the footprint of permanent impacts to Wetland K and the UNT to Nine Partners Creek floodplain.  Protective fence will be placed closely to the limits of proposed cut and fill to prevent unanticipated work-related impacts to aquatic resources.  Similarly, the access road which runs parallel to I-81 South near the proposed 72-inch diameter pipe was designed to entirely avoid impacts to the UNT to Nine Partners Creek floodplain.  Channel modifications related to the proposed structures along UNT to Nine Partners Creek were limited to the extent necessary for construction and proposed scour protection.  The proposed Outfall 6 was strategically placed to entirely avoid impacts to Wetland K, and the proposed Intake 3 was designed to minimize impacts to Wetland O to the extent possible.  The remaining permanent impacts to wetlands and aquatic resources are considered unavoidable as a result of design standards, project purpose, and safety requirements.  The project proposes to replace or rehabilitate structures that are deteriorated and contributing to impaired tributaries.  The 60-inch CMP carrying UNT-1 under SR 81 and the SR 8007 culvert (Ramp G/H) carrying UNT to Nine Partners Creek lack an aquatic passage at their inlet.  This passage will be restored upon implementation of the proposed project.  The SR 8007 culvert (Ramp G/H) will also contain fish baffles to aid in fish movement.  The proposed culvert extension and outlet grading of the SR 848 culvert carrying UNT to Nine Partners Creek will minimize the existing perched condition of the structure, improving the stream flow characteristics.  The UNT-2, UNT-3, UNT-4 and UNT-5 existing pipes are no longer aligned correctly, full of sediment and undersized.  The concrete replacement pipes will improve water quality because the improvements in size, elevation and aprons will control erosion and sedimentation.  The project, combined with the compensatory mitigation proposed, will provide ecological uplift in hydrological, biochemical and habitat condition and function of the waterways.

COMPENSATORY MITIGATION:  The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

The proposed permanent stream and wetland impacts will be offset by compensatory mitigation via purchase of bank credits at a state and federally approved mitigation bank.  The credits purchased will replace the lost functions and services of the impacted resources.  The applicant has proposed to purchase 0.78 wetland credits and 1,057.00 stream credits from the Upper Susquehanna River Mitigation Bank Phase II.

CULTURAL RESOURCES:  The Federal Highway Administration (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 Pennsylvania Department of Transportation, have made a project effects finding of:  No Historic Properties Affected, including for both archaeological properties and above ground properties.  The consultation and effects determination were made under the 2022 “PROGRAMMATIC AGREEMENT AMONG THE FEDERAL HIGHWAY ADMINISTRATION, THE U.S. ARMY CORPS OF ENGINEERS, THE ADVISORY COUNCIL ON HISTORIC PRESERVATION, THE PENNSYLVANIA STATE HISTORIC PRESERVATION OFFICER AND THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION REGARDING IMPLEMENTATION OF THE NATIONAL HISTORIC PRESERVATION ACT FOR FEDERAL AID HIGHWAY PROJECTS AND/OR HIGHWAY PROJECTS REQUIRING A U.S. ARMY CORPS OF ENGINEERS PERMIT IN 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.  The 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.  The FHWA final eligibility and effect determination will be based on coordination with interested tribes, in accordance with the 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, through the Pennsylvania Transportation and Heritage (PA Project PATH) system.  The I-81 Gibson Interchange Project notification was initiated in PA Project PATH on May 4, 2011.  No federally recognized tribal organizations requested consultation on the project within the 30-day review timeframe.  The PA Project PATH system documented compliance with the Section 106 process with a No Effect determination on September 15, 2017.

ENDANGERED SPECIES:  Pursuant to Section 7 of the Endangered Species Act, any required consultation with the United States 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, and any required consultation will be completed by the FHWA.  The project area was screened in the Pennsylvania Department of Conservation and Natural Resources’ Pennsylvania Natural Diversity Inventory tool and indicated that the project will not affect any federally listed species or critical habitat.

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:  A Water Quality Certification will be required from the Pennsylvania Department of Environmental Protection.  The applicable reasonable period of time for the Pennsylvania Department of Environmental Protection to act on the 401 Water Quality Certification request is April 8, 2026.

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, United States Environmental Protection Agency, 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 December 14, 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, 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.