7-EA3603222-003 GP063603222-005 Approval 12-7-22.pdf
PDF 380 KB Posted
- Attached to
- Daniel Miller Stream Restoration
- Solicitation number
- Not on record
- Issued by
- Lancaster County, Pennsylvania
About this file
This is a Pennsylvania Department of Environmental Protection (DEP) Waterways & Wetlands Program permit approval letter dated December 7, 2022, issued to Mr. Bob Kutz for the Daniel Miller Stream Restoration project located at 376 Goat Hill Road, Peach Bottom, Pennsylvania in Fulton Township, Lancaster County. The permit registers the applicant's intent to construct and maintain four agricultural crossings in accordance with DEP's General Permit No. GP063603222-005. The project encompasses 2,090 feet of streambank stabilization utilizing a multiple Best Management Practice approach based on natural channel design principles and Pennsylvania Fish & Boat Commission guidelines for trout stream habitat improvements. The restoration includes enhancement and management of the existing riparian buffer in the floodplain and adjacent wetlands to achieve long-term stabilization and sediment reduction.
The permit contains several operational requirements and restrictions. Work in the stream channel is prohibited between February 15 and June 1 without prior written approval from the Pennsylvania Fish & Boat Commission's Division of Environmental Services. All wetlands within the project area must be accurately field-defined prior to construction, with orange construction safety fence recommended for marking. The permittee is responsible for securing all other necessary federal, state, and local approvals, implementing proper erosion and sedimentation control measures, and consulting with the local county conservation district. Notably, the permit acknowledges that federal authorization from the U.S. Army Corps of Engineers is required but has not yet been obtained; the Corps will contact the permittee directly regarding this requirement.
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Text version
Mr. Bob Kutz - 2 - December 7, 2022
Waterways & Wetlands Program South Central Regional Office | 909 Elmerton Avenue | Harrisburg, PA 17110-8200 | 717.705.4802 | F 717.705.4760 www.dep.pa.gov
2. Since this stream is a stocked trout fishery, no work shall be done in the stream channel between February 15 and June 1 without the prior written approval of the Pennsylvania Fish & Boat Commission’s Division of Environmental Services, 595 East Rolling Ridge Drive, Bellefonte, PA,16823-9685; telephone 814.359.5147.
3. This permit also acknowledges receipt of your notification and registers your intent to construct and maintain four (4) agricultural crossings in accordance with DEP's General Permit No.
GP063603222-005. The permittee is responsible for assuring that the work is done in accordance with the conditions of the General Permit. No additional notification to the Regional Office’s Permits Section of the Waterways and Wetlands Program is necessary.
4. All wetlands within the project area shall be accurately field-definable prior to the start of construction activities and up to the time that earth disturbance activities are completed and the site has been stabilized. An acceptable means of field-identification is the use of an orange construction safety fence.
It is recommended that you contact the Pennsylvania Fish and Boat Commission prior to starting work, and that the work be performed in such a manner so as to protect fish and other aquatic life.
You are required to secure all other approvals that may be necessary under federal, state or local regulations and meet the construction, operation, maintenance or other requirements of Chapter 105.
Proper erosion and sedimentation control measures are required during and after construction and the adequacy of these measures can be determined by contacting your local county conservation district.
Please be advised that you do not have Federal authorizations for this project and such authorization is required prior to starting your project. In accordance with procedures established with the U.S. Army Corps of Engineers, you will be contacted directly by the Corps regarding Federal Authorization. If you have any questions regarding Federal authorization, please contact the applicable U.S. Army Corps of Engineers District.
Any person aggrieved by this action may appeal the action to the Environmental Hearing Board (Board), pursuant to Section 4 of the Environmental Hearing Board Act, 35 P.S. § 7514, and the Administrative Agency Law, 2 Pa.C.S. Chapter 5A. The Board’s address is:
Environmental Hearing Board Rachel Carson State Office Building, Second Floor 400 Market Street P.O. Box 8457 Harrisburg, PA 17105-8457
TDD users may contact the Environmental Hearing Board through the Pennsylvania Relay Service, 800.654.5984.
Appeals must be filed with the Board within 30 days of receipt of notice of this action unless the appropriate statute provides a different time. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decisional law.
Mr. Bob Kutz - 3 - December 7, 2022
South Central Regional Office | 909 Elmerton Avenue | Harrisburg, PA 17110-8200 | 717.705.4802 | F 717.705.4760 www.dep.pa.gov
A Notice of Appeal form and the Board's rules of practice and procedure may be obtained online at http://ehb.courtapps.com or by contacting the Secretary to the Board at 717.787.3483. The Notice of Appeal form and the Board's rules are also available in braille and on audiotape from the Secretary to the Board.
IMPORTANT LEGAL RIGHTS ARE AT STAKE. YOU SHOULD SHOW THIS DOCUMENT TO
A LAWYER AT ONCE. IF YOU CANNOT AFFORD A LAWYER, YOU MAY QUALIFY FOR
FREE PRO BONO REPRESENTATION. CALL THE SECRETARY TO THE BOARD AT
717.787.3483 FOR MORE INFORMATION. YOU DO NOT NEED A LAWYER TO FILE A
NOTICE OF APPEAL WITH THE BOARD.
IF YOU WANT TO CHALLENGE THIS ACTION, YOUR APPEAL MUST BE FILED WITH
AND RECEIVED BY THE BOARD WITHIN 30 DAYS OF RECEIPT OF NOTICE OF THIS
ACTION.
If you have any questions, please call Jonathan Chripczuk at 717.705.4821.
Sincerely, Scott R. Williamson Program Manager cc: U.S. Army Corps of Engineers, Baltimore District PA Fish & Boat Commission Lancaster County Conservation District Laura Hall, Rettew Associates, Inc.
WCO Schmidt, PA Fish and Boat Commission
| 2022-12-07T15:38:09-0500 | |
| Scott R. Williamson |
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