Pennsylvania State Programmatic General Permit-6

1 June 11, 2021

U.S. Army Corps of Engineers

PENNSYLVANIA STATE

PROGRAMMATIC GENERAL PERMIT-6

(PASPGP-6)

2 June 11, 2021

Table of Contents

Part I – Authorities and Scope

A. Federal Authorities

B. Federal Government Liability

C. Scope

Part II – Eligibility

A. Activities NOT Eligible for PASPGP-6

B. Activities Eligible for PASPGP-6

Part III – Categories of Activities Authorized by PASPGP-6

A. Non-Reporting Activities

B. Non-Reporting Thresholds

C. Non-Reporting Criteria for Endangered Species Act (ESA) Compliance

D. Listing of Non-Reporting Activities

E. Reporting Activities

Part IV – Procedures

A. Application Submittal

B. PASPGP-6 Review Procedure

C. Agency Objection

D. Other Types of Corps Permit Review

E. Corps Discretionary Authority

Part V – General Conditions and Processing Requirements

A. General Conditions

B. Processing Requirements

Part VI – Miscellaneous Provisions:

A. Duration of Authorization

B. Changes to State Statutes, Regulations or PADEP Permits

C. Changes to the Federal Program

D. Reporting and Evaluation

E. Modification, Suspension, or Revocation

F. Enforcement and Compliance

Part VII - Corps District Contact Information

Part VIII - District Engineer Signatures

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Appendices

Appendix A: Definitions

Appendix B: List of Eligible Navigable Waters (Section 10)

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Part I – Authorities and Scope:

A. Federal Authorities.

The Baltimore, Philadelphia, and Pittsburgh Districts of the U.S. Army Corps of Engineers

(Corps) hereby issue Pennsylvania State Programmatic General Permit-6 (PASPGP-6) pursuant to and consistent with Section 404(e) of the Clean Water Act (CWA) (33 U.S.C. § 1344(e)) and

33 C.F.R. § 325.5(c)(3). Under Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §

403) and Section 404 of the CWA (33 U.S.C. § 1344), PASPGP-6 authorizes regulated activities in waters of the United States, including jurisdictional wetlands, within the Commonwealth of

Pennsylvania.

PASPGP-6 does not obviate the need to obtain other federal, state, or local authorizations required by law or to comply with other federal, state, or local laws. Likewise, PASPGP-6 does not grant any property rights or exclusive privileges or authorize injury to the property or rights of others, and/or the interference with any existing or proposed federal project.

B. Federal Government Liability.

1. In issuing PASPGP-6 the federal government does not assume any liability for damages to the permitted project, or use thereof, as a result of other permitted or unpermitted activities, or from natural causes, or from damages that are a result of current or future activities undertaken by, or on behalf of, the United States in the public interest. Additionally, the federal government does not assume any liability for damages to persons, property, or to other permitted, or unpermitted activities, or structures caused by the activity authorized by this permit.

2. The federal government does not assume any liability for damages caused by design or construction deficiencies associated with the permitted work and/or claims associated with any future modification, suspension, or revocation of this permit.

C. Scope.

PASPGP-6 is only applicable within the Commonwealth of Pennsylvania, for specifically identified activities.

Part II – Eligibility:

Eligibility and Reporting thresholds are based on impacts to waters of the United States, including jurisdictional wetlands, as defined in applicable federal regulations and guidance. In accordance with Part V. B. 1. of PASPGP-6, applicants are responsible for ensuring all boundaries of potential waters and/or wetlands (regardless of jurisdictional status) are accurately shown on the project plans. In accordance with existing guidance (Regulatory Guidance Letter

16-01), unless a valid Approved Jurisdictional Determination (AJD) issued by the Corps is

5 June 11, 2021 submitted with the application, all proposed project impacts to waters and wetlands will be used for purposes of determining the eligibility and reporting thresholds of PASPGP-6. The applicant always retains the right to request an AJD for the project area and any applications containing a

Jurisdictional Determination (JD) request shall be reported to the Corps as a Reporting Activity

(Part III.E.17). If changes to federal regulations and/or guidance related to the definition of waters of the United States, including jurisdictional wetlands, or the Corps’ jurisdictional determination process occurs, such new regulations and/or guidance will be used for determining if an application is Reporting and if the proposed work meets the PASPGP-6 eligibility thresholds.

Eligibility will be based on the impacts of each single and complete project. Reporting thresholds will be based upon the impacts of the overall project.

A. Activities NOT eligible for PASPGP-6. To receive federal authorization for these activities, a permit application must be submitted to the appropriate Corps District

Office:

1. Single and complete projects that will have more than minimal individual or cumulative adverse environmental effects as determined by the Corps.

2. Single and Complete Projects that will result in a total of more than 0.5 acre of permanent loss to waters of the United States, including jurisdictional wetlands.

Notwithstanding the foregoing, there is no eligibility threshold limitation for those regulated activities in waters of the United States, including jurisdictional wetlands for the following:

a. The restoration, enhancement, and/or establishment of tidal and non-tidal wetlands and riparian areas; the restoration and/or enhancement of non-tidal streams and other non-tidal open waters; and the rehabilitation or enhancement of tidal streams, tidal wetlands, and tidal open waters, provided those activities result in net increases in aquatic resource functions and services; or

b. Maintenance of artificial ponds/impoundments through removal of accumulated sediments.

Losses listed in a. and b. above are not used in calculation of eligibility threshold for Single and Complete Projects.

3. Single and Complete Projects that will result in a permanent loss of greater than

1,000 linear feet of jurisdictional stream channel(s), except for those regulated activities identified in Part II. A. 2. a. and b. above.

4. Single and Complete Projects that do not comply with all terms and conditions of

PASPGP-6, including the terms and conditions specific to each listed category of activities (Part III).

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5. Activities located channelward of the ordinary high-water mark (OHWM) on non-tidal waters and the high tide line (HTL) on tidal waters on the following

Pennsylvania waterbodies:

a. The Delaware River, downstream of the U.S. Route 202 Bridge at New

Hope, Pennsylvania; and

b. The Schuylkill River, downstream of the Fairmount Dam in Philadelphia, Pennsylvania.

6. Instances where the Regional Administrator of the U.S. Environmental Protection

Agency (EPA) has notified the District Engineer and the applicant in writing that they are exercising their authority under 404 (c) of the CWA to prohibit, deny, restrict, or withdraw the use of any defined area for specification as a disposal site for the discharge of dredged and/or fill material.

7. Designated Special Case circumstances identified by the Regional Administrator of the EPA, as defined in the Memorandum of Agreement between the

Department of the Army and the EPA concerning the determination and limits of geographic jurisdiction of the 404 program. Geographic areas established by the

EPA would be advertised by the Corps Public Notice process as ineligible for federal authorization under the PASPGP-6.

8. Activities that have been denied a Pennsylvania Department of Environmental

Protection (PADEP) Chapter 105 Permit, a State Water Quality Certification

(SWQC) as required by Section 401 of the CWA, or a Coastal Zone Management

(CZM) Consistency Concurrence.

9. Any activities that would divert more than 10,000 gallons per day of surface water or groundwater into or out of the Great Lakes Basin (Lake Erie Watershed).

B. Activities Eligible for PASPGP-6:

1. All those activities listed in Part III as Non-Reporting and Reporting Activities, where the Corps determines those activities will result in no more than minimal adverse environmental effects to the aquatic environment individually or cumulatively. Authorized activities must be in compliance with all terms and conditions of PASPGP-6, including terms and conditions specific to each listed category of activity.

2. All activities authorized under PASPGP-5 where the verification did not expire prior to June 30, 2021, are eligible for reauthorization by the PASPGP-6 provided all terms, conditions, limits, and best management practices identified and required by PASPGP-6 are met. This includes compliance with all special conditions attached to the original PASPGP-5 verification.

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3. Unauthorized activities may receive After-The-Fact (ATF) authorization under

PASPGP-6, as appropriate. Any application for ATF authorization will follow the applicable Non-Reporting or Reporting review process.

4. For projects where permittee responsible compensatory mitigation is required, and the combined impacts of the project and the compensatory mitigation exceed the

PASPGP-6 eligibility thresholds the impacts associated with the compensatory mitigation may be authorized through use of Nationwide Permit (NWP) 27 by the

Corps provided the proposed compensatory mitigation meets the terms and conditions of NWP 27, and the remaining work may be authorized by PASPGP-6 provided the work meets the other PASPGP-6 eligibility criteria. For applications proposing compensatory mitigation through use of a Mitigation Bank or In-lieu

Fee Program, impacts associated with construction of the Mitigation Bank or

In-lieu Fee site are not included when calculating the PASPGP-6 eligibility threshold.

Part III – Categories of Activities Authorized by PASPGP-6:

A. Non-Reporting Activities - The following activities (Part III D. 1 through 31, below) are authorized by PASPGP-6 without notification to the applicable Corps District, provided the proposed regulated activities comply with the Non-Reporting thresholds in Part III B below and all terms, conditions, limits, best management practices, and processing procedures identified and required by PASPGP-6.

B. Non-Reporting Thresholds – A project shall be Non-Reporting to the Corps when the overall project impacts to waters of the United States, including jurisdictional wetlands, results in:

1. No more than 1.0 acre of temporary impact;

2. No more than 0.25 acre of permanent impact, except for the following activities, where the permanent impact threshold is 0.50 acre:

a. Non-Reporting Activity 1, PADEP General Permit (GP)-1 Fish Habitat

Enhancement Structures;

b. Non-Reporting Activity 29(c), Activities Waived at 25 PA Code §

105.12(a)(16) – Waiver 16 – Restoration Activities: Other Restoration

Activities; and

c. Maintenance of artificial ponds/impoundments through removal of

3. No more than 250 linear feet of permanent impacts to jurisdictional waters

(streams, rivers, ponds, lakes, impoundments, etc.) excluding wetlands, except for

8 June 11, 2021 the following activities, where the permanent linear foot impact threshold is:

a. No more than 500 linear feet for activities that involve stream restoration

(rehabilitation and/or reestablishment); stream enhancement; bank stabilization; and/or gravel bar removal; including activities identified in

Non-Reporting Activity 29(c), Activities Waived at 25 PA Code §

105.12(a)(16) – Waiver 16 – Restoration Activities: Other Restoration

Activities;

b. No more than 500 linear feet for maintenance of existing artificial ponds/impoundments through removal of accumulated sediment;

c. No linear impact threshold for Non-Reporting Activity 1, PADEP GP – 1 Fish Habitat Enhancement Structures.

NOTE: As stated in Part II, Non-Reporting thresholds apply to federally regulated impacts to waters of the United states, including jurisdictional wetlands. If an

AJD has not been made by the Corps, all waters and/or wetlands are assumed to be jurisdictional, in accordance with Regulatory Guidance Letter 16-01.

Regulated impacts associated with construction of compensatory mitigation sites are included, if applicable, when calculating impacts. Activities not regulated by the Corps and/or impacts to non-jurisdictional resources are not included in the calculation. However, such activities may be regulated by PADEP and should be included as impacts in permit applications. For example, boring a utility line under a wetland may not involve a regulated discharge under Section 404 of the

CWA. Under PADEP regulations, installation of the utility line is a regulated activity, with the utility considered a permanent impact. As a result, submitted applications should include proposed installation of the utility line and all associated temporary or permanent impacts.

C. Non-Reporting Criteria for Endangered Species Act (ESA) Compliance:

1. Project specific activities listed as Non-Reporting Activities 1 through 21, and 23 through 31 below are eligible for Non-Reporting review under PASPGP-6 provided the impacts are within the limits for Non-Reporting review, a Reporting review is not required for another reason, and the application contains at least one of the following:

a. A Pennsylvania Natural Diversity Index (PNDI) search receipt, that states

“No Known Impact, No Further Review Required” for U.S. Fish and

Wildlife Service (USFWS);

b. A PNDI search receipt which contains Avoidance Measures (AM) for federally listed species whereby the applicant has agreed to implement the

AMs by signing the submitted PNDI receipt. In such cases, all AMs become Special Conditions of the PASPGP-6 authorization without the

9 June 11, 2021 need for a Corps review. By signing the PNDI receipt, the applicant agrees to abide by all AMs;

c. A written “No Effect” determination by the Corps or other lead federal agency made for all currently listed Threatened and Endangered species;

d. Documentation, including a concurrence or consistency letter from

Information, Planning, and Consultation System (IPAC), from the

USFWS stating that the activity will not affect federally listed species;

e. Correspondence from USFWS containing AMs for federally listed species whereby the applicant has agreed to implement AMs as part of the application. In such cases, all AMs become Special Conditions of the

PASPGP-6 authorization without the need for a Corps review.

NOTE: If the PNDI receipt or correspondence from USFWS includes AMs, and the applicant does not agree to, or cannot comply with the AMs, or the applicant believes that the AMs are outside of the Corps’ ESA Section 7 Scope of Analysis

(areas affected directly or indirectly as a result of the Corps authorization), then the application must be processed as a Reporting Activity. For activities proposed outside of the Corps’ Section 7 Scope of Analysis, the applicant/permittee is responsible for compliance with the ESA. In addition, if the PNDI receipt states that additional coordination with the USFWS is required, then the application must be processed as a Reporting Activity. See Part V. A. 5, and B. 6. for further requirements.

2. Project specific activities identified in Non-Reporting Activity 22 below, emergency activities, are eligible for Non-Reporting PASPGP-6 verification provided the applicant, PADEP, or the Corps completes a PNDI search prior to or promptly after issuance of

PASPGP-6 verification, unless USFWS and/or the Corps determines that the emergency activity will have no effect on listed species. If the PNDI receipt, or correspondence from the USFWS, identifies a potential impact or includes AMs related to a federally-listed species, the Corps shall be notified prior to the performance of work, and will consult with USFWS as applicable, unless the applicant agrees to comply with all of the listed

AMs on the PNDI receipt or correspondence from USFWS. The Corps will consult in accordance with the emergency consultation provisions of the ESA (50 CFR 402.05), if applicable.

D. Listing of Non-Reporting Activities:

For a complete description and definitions of PADEP Waivers see:

https://files.dep.state.pa.us/OilGas/BOGM/BOGMPortalFiles/LawsRegsGuidelines/Ch apter_105_Dam_Safety_and_Waterway_Management.pdf and for GPs:

http://www.depgreenport.state.pa.us/elibrary/.

https://files.dep.state.pa.us/OilGas/BOGM/BOGMPortalFiles/LawsRegsGuidelines/Chapter_105_Dam_Safety_and_Waterway_Management.pdf https://files.dep.state.pa.us/OilGas/BOGM/BOGMPortalFiles/LawsRegsGuidelines/Chapter_105_Dam_Safety_and_Waterway_Management.pdf http://www.depgreenport.state.pa.us/elibrary/

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1. Fish Habitat Enhancement Structures: The regulated work under this activity must be authorized pursuant to PADEP GP-1.

2. Small Docks and Boat Launching Ramps: The regulated work must be authorized pursuant to PADEP GP-2.

3. Bank Rehabilitation, Bank Protection, and Gravel Bar Removal: The regulated work must be authorized pursuant to PADEP GP-3.

4. Intake and Outfall Structures: The regulated work must be authorized pursuant to PADEP GP-4.

NOTE: See General Condition 17 for intake screening and flow velocity requirements.

5. Utility Line Stream Crossings: The regulated work must be authorized pursuant to PADEP GP-5.

6. Agricultural Crossings and Ramps: The regulated work must be authorized pursuant to PADEP GP- 6.

7. Minor Road Crossings: The regulated work must be authorized pursuant to

PADEP GP-7.

8. Temporary Road Crossings: The regulated work must be authorized pursuant to

PADEP GP-8.

NOTE: See Reporting Activity 16 for temporary fills exceeding one year.

9. Agricultural Activities: The regulated work must be authorized pursuant to

PADEP GP-9.

10. Maintenance, Testing, Repair, Rehabilitation, or Replacement of Water

Obstructions and Encroachments: The regulated work must be authorized pursuant PADEP GP-11.

11. Private Residential Construction in Wetlands: The regulated work must be authorized pursuant to PADEP GP-15.

12. Activities Waived at 25 PA Code § 105.12(a)(1) – Waiver 1 – Small Dams Not

Exceeding 3 Feet in Height in a Stream Not Exceeding 50 Feet in Width.

13. Activities Waived at 25 PA Code § 105.12(a)(2) – Waiver 2 – Water

Obstructions in a Stream or Floodway with a Drainage Area of 100 Acres or

Less.

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14. Activities Waived at 25 PA Code § 105.12(a)(6) – Waiver 6 – Stormwater

Management and Erosion Control.

15. Activities Waived at 25 PA Code § § 105.12(a)(7) and (8) – Waiver 7 and 8 –

Activities Related to Crop Production.

16. Activities Waived at 25 PA Code § 105.12(a)(9) – Waiver 9 – Minor Stream

Fords.

17. Activities Waived at 25 PA Code § 105.12(a)(10) – Waiver 10 - Navigational

Aids.

18. Activities Waived at 25 PA Code § 105.12(a)(12) – Waiver 12 – Activities

Related to Use of Water Recording, Gauging, and Testing Devices.

19. Activities Waived at 25 PA Code § 105.12(a)(14) – Waiver 14 – Artificial

Ponds and Reservoir Maintenance.

20. Activities Waived at 25 PA Code § 105.12(a)(16) – Waiver 16 – Restoration

Activities: Activities undertaken and conducted pursuant to a restoration plan, which has been approved, in writing, by PADEP. These activities include the following:

a. PADEP, Bureau of Abandoned Mine Reclamation approved and/or sponsored restoration activities – provided the activity impacts less than

0.05 acre of vegetated wetland (as identified by the Corps of Engineers

1987 Wetlands Delineation Manual (1987 Manual), including all applicable guidance and regional supplements) or the body of water or associated discharge from a body of water has a pH less than 5.0, or any of the following elevated metal levels:

i. Aluminum greater than 0.6 mg/l

ii. Iron greater than 7.0 mg/l

iii. Manganese greater than 4.0 mg/l

b. Other Restoration Activities – Restoration activities whereby PADEP has issued a programmatic Waiver 16, consistent with Section 401 of the

CWA. To be authorized by PASPGP-5, the activity must be approved by the ERC.

21. PADEP Individual Permits Numbered E-999X: This activity must be authorized pursuant to PADEP Individual Permits numbered EXX-999X. The maintenance work must be performed as described on a submitted work schedule, submitted to PADEP Regional Offices, with all work performed in accordance with PADEP standards for that particular agency’s maintenance agreement. This is limited to maintenance activities performed in waters of the United States, 12 June 11, 2021 including jurisdictional wetlands, by the following Commonwealth of

Pennsylvania agencies under the referenced authorizations:

a. The Pennsylvania Department of Transportation (District 1 – E61-9999;

District 2 – E17-9999; District 3 – E41-9999; District 4 – E35-9999;

District 5 – E39-9999; District 6 – E23-9999; District 8 – E22-9999;

District 9 – E07-9999; District 10 – E32-9999; District 11 – E02-9999;

and District 12 – E26-9999);

b. The Pennsylvania Turnpike Commission (E22-9995);

c. The Pennsylvania Department of Conservation and Natural Resources, Bureau of State Parks (Region 1 – E12-9998; Region 2 – E10-9998; and

Region 3 – E05-9998; Region 4 – E09-9998); and

d. The Pennsylvania Game Commission (SE Region – E06-9996; SC Region

– E31-9996; NE Region – E40-9996; NC Region – E41-9996; NW Region

– E61-9996; and SW Region – E65-9996).

22. Emergency Activities: The regulated work must be authorized pursuant PADEP

Emergency Permits.

23. Normal Maintenance and Repair of an Existing Dam: The regulated work must be authorized pursuant to PADEP Letter of Authorization.

24. Existing Structures or Activities Completed Prior to July 1, 1979: Regulated work authorized pursuant to 25 Pa. Code § 105.12(b)(1-7).

25. Operation, Maintenance and Monitoring of Structures and Activities Listed in 25 Pa. Code § 105.12(b)(1-7) Above Completed Prior to July 1, 1979:

Activities authorized pursuant to 25 Pa. Code § 105.12(c) which includes the operation, maintenance, monitoring and other requirements of PADEP Chapter 105.

26. Miscellaneous Activities: The following activities are not in most cases regulated pursuant to Section 404 of the CWA because they do not involve discharge of dredged and/or fill material, or the activity meets a Section 404(f)(1) exemption.

However, in some instances, the work is regulated and will require either a

Section 404 and/or Section 10 permit. These correspond to activities authorized by PADEP Waivers, GPs, and Waiver Letters of Maintenance provided they are implemented as described in the applicable PADEP authorization:

a. PADEP GP-10 – Abandoned Mine Reclamation;

b. PADEP Waiver 3 – PADEP Chapter 105.12(a)(3): Aerial Crossings;

13 June 11, 2021

c. PADEP Waiver 5 –PADEP Chapter 105.12(a)(5): Acid Mine Drainage;

d. PADEP Waiver 13 –PADEP Chapter 105.12(a)(13): Abandoned Railroad

Bridges and Culverts;

e. PADEP Waiver 15 –PADEP Chapter 105.12(a)(15): Abandoned Mines;

and

f. Waiver Letter of Maintenance for PADEP Chapter 105.12 (b) and (c):

i. Channel Cleaning at Bridges and Culverts – Stream channel maintenance within 50 feet upstream and downstream of an existing bridge or culvert, performed in accordance with the maintenance provision of a previously issued PADEP permit and the PADEP Standards for Channel Cleaning at Bridges and

Culverts; or

ii. Bridge and Culvert Repair – Maintenance to an existing culvert, bridge, or stream enclosure constructed prior to July 1, 1979, on a watercourse where the drainage area is five square miles or less.

27. Activities Related to Residential, Commercial and Institutional

Developments: Applications for the purpose of constructing or expanding a residential, commercial, or institutional subdivision or development may require that the application include a Declaration of Restrictive Covenants (e.g. deed restriction, conservation easement, or deed restricted open space area), for the application to be processed as a Non-Reporting Activity. If, in addition to the impacts proposed in the application, more than 0.25 acre of wetlands exist within the property boundary, then the application must contain a Declaration of

Restrictive Covenants that protect these additional areas from activities such as filling, draining, mowing, placement of structures, cutting of vegetation, and/or clearing or plowing of natural vegetation (also see Part V. A. 24.) for the application to be a Non-Reporting Activity. Declaration of Restrictive Covenants should be prepared in accordance with the template documents found at:

https://www.nab.usace.army.mil/Missions/Regulatory/Permits-PA/. If the application does not contain such declaration of Restrictive Covenants, or deviates from the templates, then the application would be Reporting (see Part III.

E. 8. and Part V. A. 24).

28. Maintenance: Activities conducted under the terms and conditions of a previously issued PADEP authorization which requires operation and maintenance in accordance with the terms and conditions of the PADEP authorization.

29. PADEP Chapter 105 Activities Published in the Pennsylvania Bulletin: The following activities require notification through publication in the Pennsylvania https://www.nab.usace.army.mil/Missions/Regulatory/Permits-PA/

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Bulletin as required by 25 PA Code Chapter 105.21(a) of the Dam Safety and

Encroachments Act, 32 P.S. § 693.1, et seq. These activities may be authorized by

PASPGP-6 after an opportunity for review and comment by the Corps, all other federal and state resource agencies, and the general public. Publication in the

Pennsylvania Bulletin will be at least 30 days prior to the effective date of the

PADEP authorization.

a. Activities Requiring Pennsylvania State Permits or Approvals: This is limited to activities authorized pursuant to PADEP Water Obstruction and

Encroachment Permit (including an Individual Permit or Small Projects

Permit), Dam Permit, or Environmental Assessment Approval and request for SWQC, as required by Section 401 of the CWA (see General

Condition 2(c)).

b. The Removal of Abandoned Dams, Water Obstructions, and

Encroachments: This is limited to those activities authorized by PADEP for the removal of abandoned dams, water obstructions, or encroachments, where PADEP determines in writing, on the basis of data, information, or plans, submitted by the applicant, that the removal of the abandoned dam, water obstruction, or encroachment will not imperil life or property, have significant effect on coastal resources, or have an adverse impact on the environment, and the plans provide for restoration and stabilization of the project area. This corresponds to activities authorized pursuant to PADEP

Waiver 11.

c. Restoration Activities: This is limited to restoration activities undertaken and conducted pursuant to a restoration plan, which has been approved, in writing, by PADEP. This corresponds to activities authorized pursuant to

PADEP Waiver 16, except for those activities identified in Part III. D. 20 which do not require publication in the Pennsylvania Bulletin because they have been programmatically approved.

30. Grandfathered Activities:

a. All activities previously authorized as a Non-Reporting Activity under

PASPGP-5 that meet the PASPGP-6 Non-Reporting criteria and comply with all the terms, conditions, limits, and best management practices identified and required by PASPGP-6, are reauthorized by the PASPGP-6 without further notice to the applicable Corps District. The duration of these authorizations will be for the term of PASPGP-6 (June 30, 2026) or applicable PADEP Chapter 105 authorization, whichever is less. If the previously authorized PASPGP-5 Non-Reporting activity does not meet the PASPGP-6 Non-Reporting criteria, or does not comply with all the terms, conditions, limits, and best management practices identified and required by PASPGP-6, the activity is not automatically authorized by

PASPGP-6. For these activities, an application must be submitted to the

15 June 11, 2021 applicable Corps District to determine if the project qualifies for

PASPGP-6.

b. All activities previously verified as a Reporting Activity under PASPGP-5 that comply with all the terms, conditions, limits, and best management practices identified and required by PASPGP-6 are authorized by

PASPGP-6 without further notice to the applicable Corps District. In addition, all special conditions attached to the original PASPGP-5 verification become special conditions for the PASPGP-6 authorization.

The duration of the authorization is for five years from issuance of the

PASPGP-5 verification or when the applicable PADEP Chapter 105 authorization expires, whichever is less. Please note, any request for modification of the authorized work and/or special conditions must be submitted in writing to the applicable Corps District. If the previously authorized PASPGP-5 Reporting Activity does not comply with the

PASPGP-6 terms, conditions, limits, and best management practices, the activity is not automatically authorized by the PASPGP-6. For these activities an application must be submitted to the applicable Corps District for federal authorization.

c. All activities verified as a Non-Reporting Activity under PASPGP-5 that are not a Non-Reporting Activity under PASGPG-6, but which comply with all the terms, conditions, limits, and best management practices identified and required by PASPGP-6, where the verification was issued between April 01, 2021, and June 30, 2021, and do not exceed the eligibility thresholds of PASPGP-6, have until June 30, 2022 to complete the regulated activities authorized by the PASPGP-5 verification under a

PASPGP-6 authorization.

NOTE: PASPGP-5 authorizations expire on June 30, 2021. Activities authorized under PASPGP-5 that have commenced construction or are under contract to commence construction will remain authorized by PASPGP-5 provided the activity is completed by June 30, 2022 or until the expiration date of the project specific verification, whichever is sooner.

31. Work in the Lehigh Canal: Maintenance and Emergency Stabilization Activities on the prism, berm, structures, and towpath of the Lehigh Canal provided the work complies with the following:

a. All maintenance and emergency stabilization activities related to the canal prism, berm, structures, and towpath, shall be undertaken in such a manner as to maintain the original historic design of the Lehigh Canal pursuant to the Secretary of the Interior’s Standards for the Treatment of Historic

Properties.

b. In the event such activities disturb the design of the canal prism, berm, 16 June 11, 2021 structure, or towpath, the Applicant shall restore such elements to their original historic design based on cross section drawings from The Lehigh

Coal and Navigation Company, Canal Department or other authoritative sources. The applicant should attempt to coordinate these activities with personnel from the Delaware & Lehigh National Heritage Corridor.

c. Any necessary restoration of the prism will be accomplished with a clay and/or geosynthetic liner, if a clay liner is found to be present at the time of excavation. Restoration of the berm and towpath will be accomplished with suitable earthen materials that are not likely to erode and will be properly seeded and mulched for stabilization.

d. Individual maintenance and emergency stabilization activities related to the prism, berm, structures, and towpath will be documented in the form of before and after photos and as-restored drawings. This information shall be submitted to the Corps within 30 days of the completion of the regulated work.

e. If the applicant cannot undertake the proposed maintenance and emergency stabilization activities in a manner consistent with stipulations a-d above, a full description of the proposed work, photographs, maps showing the location of the proposed activities within the Lehigh Canal, and drawings for the restoration design are required to be submitted by the applicant to the Philadelphia District, in accordance with Reporting

Activity 7, and no work may commence until written authorization is received from the Corps.

E. Reporting Activities - Activities listed below are Reporting Activities and will receive a project specific review by the Corps unless the project meets Non-Reporting Activity 30

(Grandfathered Activities).

The Corps will coordinate with the appropriate federal and state agencies in order to make a minimal impact determination and to ensure compliance with other federal laws and regulations. PASPGP-6 may be verified for these projects only after a case-by-case opportunity for review and comment, in accordance with the PASPGP-6 Standard

Operating Procedures, by all appropriate federal and state resource agencies and a determination by the Corps that the activity will have no more than minimal adverse environmental effects and is in compliance with all other applicable federal laws and regulations.

These activities correspond to activities authorized pursuant to Section 7 of the Dam

Safety and Encroachments Act, 32 P.S. § 693.1, et seq., and rules and regulations promulgated thereunder in the Pennsylvania Bulletin (codified at 25 Pa. Code, Chapter

105). In order to qualify for PASPGP-6, these activities must receive the applicable

PADEP Chapter 105 authorization and SWQC, as required by Section 401 of the CWA, and where applicable, CZM.

17 June 11, 2021

All Reporting Activities that require PADEP Individual Permits (except for Individual

Permits numbered E-999X), Small Projects Permits, Dam Permits, or Environmental

Assessment Approvals, will also be reviewed by the general public through publication in the Pennsylvania Bulletin, at least 30 days prior to the effective date of the permit, as required by 25 PA Code Chapter 105.21(a) of the Dam Safety and Encroachments Act, 32 P.S. § 693.1, et seq., and the rules and regulations promulgated thereunder in the

Pennsylvania Bulletin (codified at 25 PA Code, Chapter 105). PADEP will forward copies of all applications to the Corps for review as a Reporting Activity.

1. Activities Normally Reviewed as Non-Reporting: Activities for which the

Corps has requested a review of the application. Other federal, and/or state resource agencies may request a Corps review of the application through contacting the Corps, however, a final determination will be made by the Corps.

The request for the application to be reporting by the Corps to PADEP, must be made prior to PADEP issuing verification that an activity is authorized by

PASPGP-6.

2. Activities Exceeding Reporting Thresholds: Activities where the Overall

Project will result in:

a. Federally regulated temporary impacts to more than 1.0 acre of waters of the United States, including jurisdictional wetlands.

b. Federally regulated permanent impacts to more than 0.25 acre of waters of the United States, including jurisdictional wetlands, with the following exceptions, where the reporting threshold is 0.50 acre of permanent impact:

i. Non-Reporting Activity 1, (PADEP GP-1 Fish Habitat

Enhancement Structures);

ii. Non-Reporting Activity 29(c), Activities Waived at 25 PA Code §

105.12(a)(16) – Waiver 16 – Restoration Activities: Other

Restoration Activities; and

iii. Maintenance of artificial ponds/impoundments through removal of

c. Federally regulated permanent impacts to greater than 250 linear feet of jurisdictional waters (streams, rivers, ponds, lakes, impoundments, etc.)

excluding wetlands, except for the following activities, where the permanent linear foot impact threshold is:

i. No more than 500 linear feet for activities that involve stream restoration (rehabilitation and/or reestablishment); stream

18 June 11, 2021 enhancement; bank stabilization; and/or gravel bar removal;

including activities identified in Non-Reporting Activity 29(c), Activities Waived at 25 PA Code § 105.12(a)(16) – Waiver 16 –

Restoration Activities: Other Restoration Activities;

ii. No more than 500 linear feet for maintenance of existing artificial ponds/impoundments through removal of accumulated sediment;

iii. No linear impact threshold of jurisdictional waters applies to those activities verified as Non-Reporting Activity 1, PADEP GP – 1

Fish Habitat Enhancement Structures.

NOTE: As stated in Part II, the reporting thresholds apply to federally regulated impacts to waters of the United States, including jurisdictional wetlands. If an

AJD has not been made by the Corps, all waters and/or wetlands are assumed to be jurisdictional, in accordance with Regulatory Guidance Letter 16-01.

Regulated impacts associated with construction of compensatory mitigation sites is included, if applicable, when calculating impacts. Activities not regulated by the Corps and/or impacts to non-jurisdictional resources are not included in the calculation. However, such activities may be regulated by PADEP and should be included as impacts in permit applications. For example, boring a utility line under a wetland may not involve a regulated discharge under Section 404 of the

CWA. Under PADEP regulations, installation of the utility line is a regulated activity, with the utility considered a permanent impact. As a result, submitted applications should include proposed installation of the utility line and all associated temporary or permanent impacts.

3. Modification of Previous Federal Authorizations:

a. Applications proposing modification of a previously issued Corps authorization where the Corps processed the original authorization for the project. For example, this could include a PASPGP-5, Department of the

Army Individual Permit, or an NWP; or

b. Applications proposing additional regulated activities for a previously issued Single and Complete Project that did not initially require a Corps review, but now the project is a Reporting Activity under PASPGP-6.

4. Activities Which May Affect Threatened or Endangered Species and Their

Critical Habitat Under Section 7 of the Endangered Species Act (16 U.S.C.

1531 et seq.):

a. Activities or projects proposed in waterways occupied by federally-listed, proposed, or candidate mussels or fish as indicated below, or in waters of the United States within 300 feet of these listed waterways, unless the activities or projects have received documented clearance (No effect or

19 June 11, 2021

Not likely to adversely affect determination) from USFWS, or a No Effect determination from the Corps.

WATERWAYS COUNTY

Allegheny River Allegheny, Armstrong, Clarion, Forest, Venango, Warren, McKean, and Westmoreland, Conewago Creek Warren

Conneaut Outlet Crawford

Conneauttee Creek Crawford

Cussewago Creek Crawford

Delaware River Monroe, Pike, and Wayne

Four Mile Run Westmoreland

French Creek Crawford, Erie, Mercer, and Venango

LeBoeuf Creek Erie

Little Mahoning Creek Indiana

Little Shenango River Mercer

Muddy Creek Crawford

Oil Creek Venango

Oswayo Creek McKean

Shenango River (Pymatuning Reservoir to Big Bend)

Crawford and Mercer

West Branch of French Creek Erie

Woodcosack Creek Crawford

b. Activities or projects with proposed impacts to wetlands require bog turtle habitat screening procedures when such is noted on a PNDI receipt.

The bog turtle screening must be completed unless the activities or projects have received documented clearance from the USFWS, or a No

Effect determination from the Corps.

c. Activities or projects, whereby a PNDI search identifies a potential conflict(s) for federally-listed species, and/or avoidance measures unless:

i. The applicant has agreed in writing to implement and comply with all avoidance measures on the PNDI receipt or other USFWS correspondence;

ii. The activities or projects have received documented clearance from the USFWS, including a concurrence or consistency letter from IPAC system; or

iii. A “No Effect” determination from the Corps or other lead federal agency, has been made for all currently listed Threatened and

Endangered species.

20 June 11, 2021

5. Activities Authorized at 25 PA Code § 105.131(c) – Maintenance of

Reservoirs of Jurisdictional Dams: This activity is reporting when greater than 0.10 acre of jurisdictional wetland is permanently impacted, or if another reporting reason is applicable. This corresponds to activities authorized pursuant to Section 7 of the Dam Safety and Encroachments Act, 32 P.S. § 693.1, et seq., and the rules and regulations promulgated there under in the Pennsylvania

Bulletin (codified at 25 PA. Code, Chapter 105, § 105.131(c)).

6. Activities Potentially Affecting Historic Properties: Any activity which may adversely affect historic properties, which are listed or eligible for listing in the

National Register of Historic Places pursuant to the requirements of Section 106 of the National Historic Preservation Act, and/or Tribal Resources. This includes, but is not limited to, projects where the State Historic Preservation Office (SHPO)

(i.e. Pennsylvania Historical and Museum Commission), or a federally recognized tribe have determined that archeological or other cultural resources are believed to exist within the permit area.

For all PADEP Individual permits, unless the applicant has a delegated Section

106 programmatic agreement with SHPO or the lead federal agency has made an effects determination, the applicant must provide evidence that the SHPO has been notified. Such notification is documented by using the online notification system approved by SHPO at https://share.phmc.pa.gov/pashare/landing. For applicants having a delegated Section 106 programmatic agreement or where a federal agency has made a Section 106 determination, the application shall contain information pertaining to compliance with Section 106.

If the application does not contain a SHPO response, or evidence of a delegated

Section 106 authority, or if another lead federal agency indicates a potential for the project to affect historic properties, the application is sent to the Corps as a

Reporting Activity.

7. Activities Potentially Affecting National Wild or Scenic Rivers: Any activity which occurs in a component of the National Wild and Scenic River System or in a river officially designated by Congress as a “Study River” under Section 7 (a)

Wild and Scenic Rivers Act (16 U.S.C. § §1278 et seq.) for possible inclusion in the System are forwarded to the Corps as a Reporting Activity. However, these activities are not reporting if the appropriate federal agency, with direct management responsibility for such river, has determined, in writing, that the proposed activity will not adversely affect any National Wild and Scenic River, including study rivers. Additionally, designated and identified study rivers approved and included in the National Wild and Scenic River System subsequent to the publication of this document are to be considered in this sub-category. The designated National Wild and Scenic Rivers are:

a. Allegheny River from the Kinzua Dam, mile 197.2, downstream approximately 7 miles to US Route 6 Bridge, at mile 190.7, in Warren, https://share.phmc.pa.gov/pashare/landing

21 June 11, 2021 then from the Buckaloons Recreation Area in Allegheny National Forest at mile 181.7 downstream 47 miles to Alcorn Island just north of Oil City at river mile 133.7, and then continuing from the Franklin Wastewater

Treatment Plant at mile 122.7, downstream 31 miles to the refinery at

Emlenton mile 90.7;

b. Clarion River from mile 91.1 in the Borough of Ridgeway, Elk County, Pennsylvania, at the National Forest and State Game Lands boundary to mile 39.4 at the normal pool elevation of Piney Dam;

c. Upper Delaware Scenic and Recreational River beginning at Hancock, New York, and continuing 73.4 river miles to Mill Rift, Pennsylvania;

d. Middle Delaware Scenic and Recreational River (from bank to bank) as it flows through the Delaware Water Gap National Recreation Area;

e. Lower Delaware River beginning 7 river miles north of Belvidere, New

Jersey, continuing to Washington Crossing, Pennsylvania, including

Paunnacussing Creek, within Solebury Township; all of the Tinicum

Creek, including Rapp Creek and Beaver Creek Tributaries; and Tohickon

Creek from the mouth to the Lake Nockamixon Dam, including a ¼ mile buffer from each bank; and

f. White Clay Creek watershed including all of its tributaries.

8. Activities Related to Residential, Commercial and Institutional

Developments: Applications for the purpose of constructing or expanding a residential, commercial, or institutional subdivision or development that do not contain a Declaration of Restrictive Covenants (e.g. deed restriction, conservation easement, or deed restricted open space area).

9. Activities Requiring an Environmental Impact Statement (EIS): Applications containing an EIS, references to an EIS by a federal agency, or references to the

Corps being a cooperating agency on an EIS.

10. Activities within the following waters:

a. All of the Ohio River except for navigational aids or markers, buoys, floats, the construction, operation, or removal of staff gauges, water recording devices and water quality testing devices;

b. All of the Monongahela River except for navigational aids or markers, buoys, floats, the construction, operation, or removal of staff gauges, water recording devices and water quality testing devices;

22 June 11, 2021

c. The Allegheny River, from its mouth in Pittsburgh, Pennsylvania to river mile 197.4 at Kinzua Dam, north of Warren, Pennsylvania except for navigational aids or markers, buoys, floats, the construction, operation, or removal of staff gauges, water recording devices and water quality testing devices;

d. Lake Erie activities which require submittal of a PADEP Joint Permit

Application or Environmental Assessment to the PADEP. For Lake Erie, the OHWM is located at elevation 573.4;

e. The Delaware River, upstream of the U.S. Route 202 Bridge at New Hope, Pennsylvania. Note: any activity located waterward of the OHWM in non-tidal waters and HTL in tidal waters of the Delaware River, downstream of the U.S. Route 202 Bridge, is ineligible for PASPGP-6.

11. Activities across State Boundaries: Activities where the regulated activity is not wholly located within the Commonwealth of Pennsylvania, i.e. the regulated activity extends across state boundaries.

12. Coal and Non-Coal Mining Activities: Activities authorized pursuant to Chapter

105 for coal and non-coal mining permits issued by the PADEP District Mining

Offices (Bureau of Mining and Reclamation), including activities authorized pursuant to PADEP Waiver 4 [25 Pa. Code § 105.12(a)(4)] and GP-101 and 102.

13. Construction of Mitigation Banks and In Lieu Fee Sites: Regulated activities associated with the construction of Mitigation Banks and/or In Lieu Fee sites developed to meet the requirements of the Corps and the EPA April 10, 2008

Compensatory Mitigation for Losses of Aquatic Resources: Final Rule, or any subsequent guidance/regulations addressing compensatory Mitigation Banks and/or In Lieu Fee sites.

14. Activities Affecting Corps Civil Works Projects, Corps Property, or Corps

Easements: All activities that may alter, use, build upon, attempt to possess, or that may harm or impair any existing or proposed Corps Civil Works project, or any Corps-owned or managed property or easement.

15. Reasonably Related Applications:

a. If the Corps previously issued a verification for work associated with an

Overall Project, any subsequent additional regulated work that is needed for the Overall Project to function and meet its intended purpose is a

Reporting Activity.

b. If PADEP determines that an application is a Reporting Activity, and

PADEP is processing other Non-Reporting applications which are needed

23 June 11, 2021 for the Overall Project to function and meet its intended purpose, then all such related applications are sent to the Corps as Reporting.

c. If the Corps is reviewing a Reporting application and PADEP receives an application for attendant features associated with an Overall Project, then the newly received application received by PADEP is a Reporting

Activity.

16. Activities Involving Temporary Fill of Greater Than One Year: All applications proposing temporary fill impacting greater than 0.10 acre of waters and/or wetlands which will remain in place for more than one year are a

Reporting Activity. This requirement includes requests to extend temporary fill authorized by a PADEP GP-8 beyond the original one-year timeframe.

17. Applications Containing a Request for a Corps Jurisdictional Determination

(JD): Any application containing a request for either a Preliminary JD or AJD from the Corps.

18. Activities occurring in areas identified as potentially having Shortnose and/or Atlantic Sturgeon Present: Any application that proposes work in a portion of a waterbody identified by the National Oceanic and Atmospheric

Administration (NOAA), Greater Atlantic Region where Atlantic and/or

Shortnose Sturgeon may be present. The following is a list of waters identified by the Greater Atlantic Region’s ESA Section 7 Mapper Tool where sturgeon maybe present.

NOTE: The above list does not include the Delaware River downstream of the

U.S. 202 Bridge and the Schuylkill River downstream of the Fairmount Dam because these waters are ineligible for PASPGP-6.

19. Activities Requiring an Individual 401 SWQC from PADEP: Any regulated activity requiring a project specific SWQC pursuant to Section 401of the CWA

(33 U.S.C. § 1251). See Part V, A, 2, c, for identification of such applications.

20. Activities Involving the Erection of an Aerial Transmission Line, Submerged

24 June 11, 2021

Cable, or Submerged Pipeline Across a Navigable Water of the United

States: Any activity involving the erection of an aerial transmission line, submerged cable, or submerged pipeline across a navigable water of the United

States.

Part IV – Procedures:

A. Application Submittal:

Applicants must submit the required PADEP permit application to the appropriate PADEP office. For Reporting Activities, where PADEP does not require a permit application, information on the proposed project and Engineering Form 4345 shall be submitted directly to the appropriate Corps District.