Public Notice
U.S. Army Corps In Reply to Application Number
of Engineers CENAB-OP-RPA-2014-00455 (PA DOT – SR 0029, Section LEE –
Emergency Slide)
Baltimore District
PN-14-22 Comment Period: April 2, 2014 to April 17, 2014
THE PURPOSE OF THIS PUBLIC NOTICE IS TO SOLICIT COMMENTS FROM THE PUBLIC REGARDING THE WORK DESCRIBED BELOW. 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 of 1899 and/or Section 404 of the Clean Water Act (33. U.S.C. 1344) as described below:
APPLICANT: Pennsylvania Department of Transportation
Engineering District 4-0
55 Keystone Industrial Park
Dunmore, Pennsylvania 18512
Attn: Mr. Jonathan Eboli
WATERWAY AND LOCATION OF THE PROPOSED WORK: The Pennsylvania Department of Transportation, Engineering District 4-0 (PA DOT 4-0) is proposing to reconstruct a 600 linear foot section of S.R. 0029 along Snake Creek, in Liberty Township, Susquehanna County, Pennsylvania.
PROPOSED WORK AND PURPOSE: PA DOT proposes to reconstruct 600 linear feet of S.R. 0029, on the existing alignment, because of an underlying slope failure, which PA DOT stated was caused by inadequate drainage and fluvial forces associated with the existing steep hillside slope, on the east side of the roadway. The project will address drainage in the affected area to prevent future settlement of the road and address the slope failure.
The project will include the reconstruction of S.R. 0029 with proposed drainage designed to reduce roadway runoff and overland flow to the slide area. The project will also include building an earthen berm at the toe of the landslide, requireing 995 linear feet of Snake Creek to be relocated approximately 60 feet to the east. The relocated stream width varies between 51 and 60 feet. The east side of the relocated Snake Creek channel will have a 3:1 side slope until tying into existing ground elevation. The western bank of the relocated Snake Creek channel will have 3:1 side slopes to at or slightly above the 100 year flood elevation of approximate 915 feet, where a 10-footwide bench will be constructed. An earthen berm with an initial 2:1 slope will be placed from elevation 915 to 940 feet. At elevation 940 feet the slope of the berm will flatten to between 3:1 to 5.7:1 and extend up to an elevation of 970 feet onto the existing rock embankment.
To protect the earthen berm from erosion during future flood events and to protect the western stream bank, a 10-foot rock veneer will be constructed with R-8 rock chocked with native material along the face of the berm. Along the eastern stream bank of the proposed relocated
stream bed, coir-logs with live stakes will be placed. To provide further stabilization for the channel, a cross vane will be placed near the beginning and end of the stream relocation, and J-Hook Vanes will be placed every 200 feet in the relocated stream channel.
The proposed project will result in the following wetland and waterway impacts:
|
WATERWAY
|
WATERSHED AREA (AC)
|
PERMANENT IMPACTS (linear ft/ square feet)
|
TEMPORARY IMPACTS (linear ft & square feet)
|
|
Snake Creek (perennial)
|
73.1 square miles
|
1101.6 / 72,258
|
0
|
|
W1 (Ephemeral)
|
7.5
|
130 /1721
|
0
|
|
WF (Ephemeral)
|
0.37
|
39 /150
|
0
|
|
Total
|
n/a
|
1271 /74,130
|
0
|
Permanent impacts are the result of the relocation of the channel and the placement of fill associated with the stabilization of the S.R. 0029 embankment.
|
WETLANDS
|
COWARDIN CLASSIFICATION
|
TEMPORARY IMPACTS
(sq.ft./ac)
|
PERMANENT IMPACTS (sq.ft./ac)
|
|
WE
|
PEM
|
|
3221/0.07
|
|
WG
|
PEM
|
|
876/0.02
|
|
WJ
|
PEM
|
|
1762/.04
|
|
WQ
|
PEM
|
2808/0.065
|
0
|
|
WH
|
PSS/PFO
|
3949/0.091
|
0
|
|
Total
|
n/a
|
223/.0051
|
5859/0.13
|
Permanent impacts to wetlands are due to the placement of fill associated with the stabilization of the S.R. 0029 embankment. Temporary impacts to wetlands are associated with the temporary access road needed to access the embankment near the Snake Creek.
PA DOT has stated that alternatives to avoid impacts to wetlands were evaluated, however, avoidance to wetlands was not possible due to the placement of fill to stabilize the embankment. In addition the temporary roadway location was constrained by topography, astThe land was to steep to the north side of the slide to effectively access the embankment slope.
To compensate for the permanent loss of 0.13 acre of emergent wetlands, PA DOT is proposing to create 0.13 acre of emergent wetlands. The proposed wetland mitigation site would have functions and values equal to or greater than the wetland areas proposed to be lost due to project construction. A diversified planting scheme of native vegetative species will be used to create wetlands with food, cover, and nesting sites for indigenous wildlife in the project area. The wetland creation site is proposed to be located next to and expand an existing wetland on the south side of the project area. In addition to expanding the existing wetland and promoting habitat connectivity, the site design will allow the mitigation site to increase the overall health of the Snake Creek watershed by sediment trapping and flood flow alternation.
PA DOT will purchase the mitigation site and has proposed to protect the mitigation site in perpetuity by placing restrictive covenants on the site.
PA DOT is proposing to create 950 linear feet of stream channel as part of the relocation of Snake Run. This new channel is proposed to compensate for the permanent loss of 1101 linear feet of Snake Creek, a perennial stream. The relocated channel would provide for more aquatic habitat than the current existing channel. The new channel would include: 1) Coir logs, fascines and live stakes along the relocated stream channel to create a more naturalized stream channel; 2) Cross vanes located at the beginning and end of the stream location; 3) one J Hook (in the middle of the project); and 4) streamside landscaping to provide a natural stream buffer along the relocated channel.
All work is proposed to be completed in accordance with the enclosed plan(s). If you have any questions concerning this matter, please contact Mr. Michael Dombroskie at (814)235-0571 or mike.dombroskie@usace.army.mil.
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, 1631 South Atherton Street, State College, Pennsylvania 16801 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 Federal listed threatened or endangered species or their critical habitat, pursuant to Section 7 of the Endangered Species Act, as amended. On July 24, 2013, a Pennsylvania Natural Diversity Inventory (PNDI) review was completed to ensure compliance with the Federal Endangered Species Act. The review indicated that there was “No Known Impacts” to Federally Listed Endangered Species that would result from this proposal. 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 no registered properties listed as eligible for inclusion, therein, are located at the site of the proposed work. Currently unknown archeological, scientific, prehistoric, or historical data may be lost or destroyed by the work to be accomplished under the request permit. However, the proposal was reviewed by PA DOT’s in-house Archaeologist and Historian to ensure compliance with Section 106 of the National Historic Preservation Act. Their findings, dated July 24, 2013, were that there will be no proposed impacts to any archaeological or historic properties as a result of this project.
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, State College Field Office, 1631 South Atherton Street, State College, Pennsylvania 16801, 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 know 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