PN14-30 Borough of Hyndman Flood Protection - Phase 2

Published May 20, 2014
Expiration date: 6/4/2014

                       Public Notice                       

U.S. Army Corps            In Reply to Application Number

of Engineers                    CENAB-OP-RPA-2014-00311-P06 (Borough of Hyndman Flood                                           Protection – Phase 2)

Baltimore District

PN-14-30          Comment Period:       May 20, 2014 to June 4, 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 Environmental Protection

                          Department of General Services

                          Bureau of Engineering and Architecture

                          18th and Herr Streets

                          Harrisburg, Pennsylvania 17125  


WATERWAY AND LOCATION OF THE PROPOSED WORK: Wills Creek, where it flows through Hyndman, Pennsylvania (Enclosure 1).

PROPOSED WORK AND PURPOSE:  The purpose of the project is to repair an existing concrete levee system in Wills Creek and improve flow of the waterway through the town of Hyndman within the flood control area.  The proposed repair of the damaged flood control levee includes:  1) the placement of rip rap rock at the foundation of the existing levee; and 2) installation of grade control reinforced concrete cross-vane structures within the stream channel which will serve to stabilize the channel and prevent scour of the stream bed.  The work will result in 0.49 acre (1350 linear feet) of permanent direct impacts to the waterway by the discharge of fill material below the ordinary high water mark of the stream.  The installation of rock causeways below the ordinary high water mark of the stream for the purpose of accessing the project areas will result in 0.31 acre (1350 linear feet) of temporary direct impact to the waterway.  Dewatering of the stream channel for construction will result in an additional 1.07 acres of temporary indirect impacts to the waterway.  The impacts to the stream could not be avoided for repairs to the existing structures and installation of additional rock to occur, however, the footprint of temporary impact has been minimized to the extent practicable.  Compensatory mitigation for the repairs is not conducive with a repair project.  The in-stream cross vanes will improve the stream stability and health, therefore, no compensatory mitigation is required.  To protect water quality, all work is proposed to be completed under dry conditions.

All work would be completed in accordance with the enclosed plans (Enclosure 2).  If you have any questions concerning this matter, please contact Mrs. Deborah Nizer at (410) 962-6085.

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 Mrs. Deborah Nizer, District Engineer, U.S. Army Corps of Engineers, Baltimore District, 10 South Howard Street, P.O. Box 1715, Baltimore, Maryland 21201, 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.  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.

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
Mrs. Deborah Nizer, District Engineer, U.S. Army Corps of Engineers, Baltimore District,
10 South Howard Street, P.O. Box 1715, Baltimore, Maryland 21203 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