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PN14-02 2013-02442 (PA DOT - Interstate 83 Exit 18 Reconstruction) York County, PA

Posted: 1/6/2014

Expiration date: 2/5/2014

               Public Notice                                               

U.S. Army Corps             In Reply to Application Number

of Engineers                    NAB-2013-02442-PO7 (PA DOT – Interstate 83 Exit 18 Reconstruction)

Baltimore District                     

PN-14-02                            Comment Period:   January 6, 2014  to  February 5, 2014



This District has received an application for a Department of the Army permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act (33. U.S.C. 1344) as described below:

APPLICANT:  Pennsylvania Department of Transportation, Engineer District 8-0

Attn: Lisa Myers, P.E., Permits Coordinator

2140 Herr Street

Harrisburg, Pennsylvania 17103

Telephone: (717) 705-6202

Email: lismyers@state.gov.pa


WATERWAY AND LOCATION OF THE PROPOSED WORK:  Work is proposed on Interstate 83 Exit 18 (Mount Rose Avenue) in Springettsbury, York, and Spring Garden Townships, York County, Pennsylvania (Enclosure 1).  The proposed work will directly impact Mill Creek and adjacent wetlands, a tributary of Codorus Creek and the Susquehanna River.  Both the Susquehanna River and a portion of Codorus Creek are regulated pursuant to Section 10 of the Rivers and Harbors Act of 1899.  The project is located at Latitude 39-57-23, Longitude -76-41-09.

PROPOSED WORK AND PURPOSE:  The applicant proposes permanent impacts to 1.7585 acres and temporary impacts to 0.5482 acres of wetlands; and 536 linear feet of permanent stream impacts and 741 linear feet of temporary stream impacts to Mill Creek and contributing perennial waterways.    Specific impacts associated with the various areas of work are depicted on enclosure 2.  The work is associated with the reconstruction of the Interstate 83 and Mount Rose Avenue interchange as well as Haines Road, Camp Betty Washington Road, and access to the Mount Rose Flex Park and York Water Company Distribution Center.  The work includes reconstruction and construction of eleven (11) separate road crossings, roadway and ramp widening, construction of sidewalks, jughandles, and traffic signal improvements. The purpose of the work is to alleviate roadway congestion, reduce unsafe driving conditions, and to meet current roadway safety and design criteria established by the U.S. Department of Transportation.  Enclosure 1 provides for an overview of the proposed work.  More detailed plans area available for review by contacting Mr. John Gibble, Transportation Program Manager, 401 East Louther Street, Suite 205, Carlisle, PA 17013.

ALTERNATIVES ANALYSIS: The applicant has evaluated seven separate build alternatives and a no-build alternative.  A table of the alternatives considered is attached (Enclosure 3).  Alternatives considered changes to lane designations, traffic signaling, and reconfiguration of exit and entrance ramps.

MITIGATION STATEMENT: There are currently no mitigation banks in the service area or in adjacent watersheds that possess sufficient credits to offset project impacts.  There are currently no in lieu fee programs in operation within the watershed that can accommodate the project impacts.  The applicant proposes to construct project-specific permittee responsible wetland and stream compensatory mitigation to offset unavoidable project impacts.  Design considerations that considered avoidance and minimization of impacts to aquatic resources are discussed in the alternatives analysis.  Specifically, post-construction slopes have been pulled back and rock reinforcement and/or retaining walls installed.  Ramps N and K have been restructured to further minimize impacts by increasing slopes and installing concrete retaining walls.  Several culverted crossings have been reduced in length to minimize stream impacts.

The applicant proposes to construct stream restoration as mitigation for permanent and temporary stream impacts.  From upstream through downstream of the project area, the applicant proposes 1,788 linear feet of stream restoration, including channel improvements, rock stabilization, installation of mudsills and random boulder habitat structures, and the establishment of riparian zones with woody vegetation.  The applicant would be responsible for adaptive management and long term maintenance of the stream restoration work.

The applicant also proposes to construct 2.64 acres of wetlands at the Nixon County Park on Valley Road, Spring Field Township, York County.   The wetland construction would be part of a larger stream restoration project forwarded by Loganville Borough.  Construction costs would be shared.  Long term maintenance and adaptive management would be the responsibility of York County.

The proposed mitigation work is depicted on enclosure 4.  More detailed plans of the proposed work may be obtained by contacting:  Mr. John Gibble, Transportation Program Manager, 401 East Louther Street, Suite 205, Carlisle, PA 17013.

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 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.  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 District Engineer, U.S. Army Corps of Engineers, Baltimore District, Mr. John Gibble, Transportation Program Manager, 401 East Louther Street, Suite 205, Carlisle, PA 17013 within the comment period specified above.

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 (NMFS) on all actions, or proposed actions, permitted, funded, or undertaken by the agency that may adversely effect Essential Fish Habitat (EFH).  The Corps has determined this project will not affect any EFH.

WATER QUALITY CERTIFICATION:  The applicant is required to obtain a water quality certification in accordance with Section 401 of the Clean Water Act from the Pennsylvania Department of Environmental Protection.  The Section 401 certifying agency has a statutory limit of one year from the date of this public notice to make its decision.

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 (CZM) Program.  By this public notice, we are requesting the State concurrence or objection to the applicant’s consistency statement.  It should be noted that the CZM Program has a statutory limit of 6 months to make its consistency determination.

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

A preliminary review of this application indicates that the proposed work will not affect Federally- listed threatened or endangered species or their critical habitat, pursuant to Section 7 of the Endangered Species Act, as amended. The U.S. Fish and Wildlife Service has certified in writing that neither the project location nor the compensatory mitigation site include populations, or potentially include populations of any Federally-threatened or endangered species.  As the evaluation of this application continues, additional information may become available which could modify this preliminary determination.

Review of the latest published version of the National Register of Historic Places indicates that properties listed as eligible for inclusion, therein, are located at the site of the proposed work.  The Federal Highway Administration is the Lead Federal Agency responsible for compliance with Section 106 of the National Historical Preservation Act.  FHWA has determined that without conditions or qualifications, the project as planned will have no adverse effect on listed or eligible properties, including historic and archaeological resources. FHWA has also consulted interested Native American groups, including 15 Federally-recognized tribes.

The evaluation of the impact of this project on the public interest will include application of the guidelines promulgated by the Administrator, U.S. Environmental Protection Agency, under authority of Section 404 of the Clean Water Act.

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 by the District Engineer, U.S. Army Corps of Engineers, Baltimore District, Mr. John Gibble, Transportation Program Manager, 401 East Louther Street, Suite 205, Carlisle, PA 17013 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.

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

                                                                        Wade B. Chandler

                                                                        Chief, Pennsylvania Section

                                                                        Regulatory Branch

Interstate 83 Mill Creek Mount Rose Avenue York Water Company Distribution Center