8-NAB-2022-00231.20220113.RGP Authorization.pdf

DEPARTMENT OF THE ARMY

U. S. ARMY CORPS OF ENGINEERS, BALTIMORE DISTRICT

CARLISLE FIELD OFFICE

401 EAST LOUTHER STREET, SUITE 205

CARLISLE, PENNSYLVANIA 17013-2657

January 13, 2023

Operations Division

Mr. Bob Kutz Donegal Chapter of Trout Unlimited P.O. Box 8001 Lancaster, Pennsylvania 17604

Dear Mr. Kutz:

This is in reference to your application, identified by this office as NAB-2022-00231- M43 (Daniel Miller Farm Conowingo Creek Restoration), dated April 26, 2022 and received by the Corps on May 18, 2022 for Department of the Army authorization to discharge dredged and/or fill material into waters and/or wetlands associated with the realignment, restoration, and enhancement of approximately 600 linear feet of Conowingo Creek and approximately 3,840 linear feet of Little Conowingo Creek by installing 68 rock deflectors, 20 mudsills, 2 rock cross vanes and 20 boulder walls to improving habitat quality, reduce channel erosion, provide ecological uplift, and reduce the downstream transport of sediments and nutrients. Fourteen floodplain benches and terraces will also be excavated to improve floodplain connectivity. In addition to stream restoration activities, the project also proposes the installation of four permanent cattle crossings. The project will permanently impact no more than approximately 600 linear feet (3,536 square feet) of Conowingo Creek and no more than approximately 3,840 linear feet (18,936 square feet) of Little Conowingo Creek. The project will result in temporary impacts to approximately 14,804 square feet of Little Conowingo Creek, 9,981 square feet of Conowingo Creek, and 66 square feet of unnamed tributary to Little Conowingo Creek. No impacts to wetlands are proposed. All work will be located in Conowingo Creek, Little Conowingo Creek and two unnamed tributaries to Little Conowingo Creek located at the Daniel Miller Farm off Goat Hill Road, Lancaster, Fulton County, Pennsylvania.

In accordance with Section 404 of the Clean Water Act, a Department of the Army authorization is required for the discharge of dredged and/or fill material into waters of the United States, including jurisdictional wetlands. Section 10 of the Rivers and Harbors Act also requires Department of the Army authorization for any work in, over, or under a navigable water of the United States.

We have determined that your proposed work, if accomplished in accordance with the enclosed terms and conditions and the information included in your application, is authorized under the Pennsylvania State Programmatic General Permit-6 (PASPGP-6).

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This PASPGP-6 verification is provided pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act. This authorization may be subject to modification, suspension, or revocation if any of the information contained in the application, including the plan(s), is later found to be in error.

The enclosed list of conditions must be followed for purposes of the PASPGP-6 (Enclosure 1). In accordance with General Condition 34 of PASPGP-6 you are required to submit a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation. An example of the information that is required is posted on the Baltimore District webpage at:

https://www.nab.usace.army.mil/Portals/63/self%20cert%20example.pdf.

You and your contractor are also requested to sign, date and return enclosure 2 of this verification letter whereby you are acknowledging and agreeing to comply with the terms and conditions, including the special conditions, of this PASPGP-6 verification.

These documents should be submitted to the following email address: NAB- Regulatory@usace.army.mil, with the Corps permit number (NAB-2022-00231-M43 Daniel Miller Farm Conowingo Creek Restoration) included in the subject line. In addition, the following special conditions are incorporated as part of this authorization:

1. All authorized work shall be constructed in accordance with project plans prepared by Rettew Associates Incorporated, entitled: “Conowingo Creek Restoration- Daniel Miller Farm”, dated February 28, 2022.

2. The authorized work shall permanently impact no more than approximately 600 linear feet (3,536 square feet) of Conowingo Creek and no more than approximately 3,840 linear feet (18,936 square feet) of Little Conowingo Creek. The project will result in temporary impacts to approximately 14,804 square feet of Little Conowingo Creek, 9,981 square feet of Conowingo Creek, and 66 square feet of unnamed tributary to Little Conowingo Creek. No impacts to wetlands are proposed.

3. All work shall occur between November 1 and March 31, inclusive of any year, to prevent impacts to potentially dispersing bog turtles.

4. The permittee shall require its contractors and/or agent to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit.

5. Failure to restore the temporarily impacted wetland areas back to wetlands will require the applicant to submit a remediation plan outlining how they intend to successfully restore the wetland. The plan should cover ensuring appropriate hydrology to support a predominance of hydrophytic vegetation in the restored wetland area. If areas cannot be successfully restored, the applicant will be required to submit for a permit modification to accurately reflect the permanent impact(s), which may require compensatory wetland mitigation to replace all lost aquatic functions and services.

https://www.nab.usace.army.mil/Portals/63/self%20cert%20example.pdf mailto:NAB-Regulatory@usace.army.mil mailto:NAB-Regulatory@usace.army.mil

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6. All work is to be supervised by a stream restoration professional with demonstrated experience in the design and construction of stream restoration projects. The professional shall maintain a log of days on site during construction, minutes of contractor meetings, and resolution of any issues related to construction.

7. The permittee shall monitor the stream for at least three (3) years beginning from the date of completion of earthwork. Reports shall be submitted to the Baltimore District by December 31 for each year after construction. The reports shall contain information describing the success of the site at the time of inspection, stability of the banks, photographs of the stream with plans showing location and orientation of the photographs, an inventory of surviving plantings, and a written plan to correct any deficiencies identified during the monitoring. Reports shall be submitted electronically to the Baltimore District at NAB-Regulatory@usace.army.mil, with the project file number listed in the subject line, NAB-2022-00231-M43 (Daniel Miller Farm Conowingo Creek Restoration).

8. Any and all repairs identified in the monitoring reports shall be coordinated with the Baltimore District within 90 days of the date of notification to the District.

In accordance with PASPGP-6, Part V, A, 29, state authorization from the Pennsylvania Department of Environmental Protection is required to be obtained prior to commencement of any work authorized by PASPGP-6.

This verification is valid for the length of the Pennsylvania Department of Environmental Protection permit, including 401 Water Quality Certification, or until the PASPGP-6 expires (June 30, 2026), is modified, reissued, suspended, or revoked, whichever occurs sooner. You must remain informed of changes to the PASPGP-6. We will issue (a) public notice(s) announcing the changes as they occur.

Activities authorized under PASPGP-6 that have commenced construction or are under contract to commence construction, will remain authorized provided the activity is completed within 12 months of the date of the PASPGP-6 expiration (June 30, 2026), modification, or revocation, or until the expiration date of the project specific PASPGP-6 verification or Pennsylvania Department of Environmental Protection permit, including 401 Water Quality Certification, whichever is less.

Be advised that this verification authorizes the aforementioned work as a single and complete (one time only) activity. If additional work is to be performed, you must notify this office. Subsequent work in this area may require a separate letter of authorization from this office.

Please note that as of the date of this authorization, your project is in compliance with Section 7 of the Endangered Species Act (ESA). However, new species may be listed or additional populations found. Therefore, it is your responsibility to ensure that construction of the authorized work does not adversely affect any existing or newly listed federally endangered or threatened species. Information on threatened and

-4-endangered species and their critical habitat can be obtained from the offices of the United States Fish and Wildlife Service and National Marine Fisheries Service or their web pages at: https://ecos.fws.gov/ipac and https://www.greateratlantic.fisheries.noaa.gov/protected/section7/guidance/maps/index.

html respectively.

This verification does not obviate the need for obtaining other federal, state, or local authorizations, nor does it address or include any consideration for geographic jurisdiction on aquatic resources and shall not be interpreted as such.

In addition, please note, if you sell the property associated with this permit, when the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new property owner(s). Although the construction period for work authorized by this PASPGP-6 is finite, the permit itself, with its limitations, does not expire. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, you must have the transferee (new owner) complete the enclosed permit transfer form (Enclosure 3). The transferee is required to provide a mailing address and telephone number along with their signature and date in the space provided. Please submit to this office by email to NAB-Regulatory@usace.army.mil. The Corps permit number NAB-2022-00231-M43 (Daniel Miller Farm Conowingo Creek Restoration) must be included in the subject line.

This authorization has been sent to the Pennsylvania Department of Environmental Protection South Regional Office, the Lancaster County Conservation District Office.

If you have any questions concerning this matter, please call me at 410-962-0148 or via email at April.E.Sparkman@usace.army.mil.

Sincerely, April E. Sparkman Biologist, Maryland North Section Regulatory Branch

Enclosures

To identify how we can better serve you, we need your help. Please take the time to fill out our new customer service survey at:

https://regulatory.ops.usace.army.mil/customer-service-survey/ https://ecos.fws.gov/ipac/ https://www.greateratlantic.fisheries.noaa.gov/protected/section7/guidance/maps/index.html https://www.greateratlantic.fisheries.noaa.gov/protected/section7/guidance/maps/index.html https://regulatory.ops.usace.army.mil/customer-service-survey/

June 11, 2021

PENNSYLVANIA STATE PROGRAMMATIC GENERAL PERMIT – 6

(PASPGP-6)

July 1, 2021

Please note: the full text of the PASPGP-6 may be viewed on the Baltimore District web site at http://www.nab.usace.army.mil/Missions/Regulatory/PermitTypesandProcess.aspx or by calling the

Corps at 814-235-0570

Permittee: Bob Kutz

Date of PASPGP-6 Verification: January 13, 2023 State Authorization(s):

Corps District:

Baltimore District

U.S. Army Corps of Engineers State College Field Office

1631 South Atherton Street

Suite 101

State College, Pennsylvania 16801-6260

Email: NAB-Regulatory@usace.army.mil

Philadelphia District

U.S. Army Corps of Engineers

Wanamaker Building

100 Penn Square East Regulatory Branch

Philadelphia, Pennsylvania 19107-3390

Email: PhiladelphiaDistrictRegulatory@usace.army.mil

Pittsburgh District

U.S. Army Corps of Engineers, Regulatory Branch

William S. Moorhead Federal Building, 20th floor

1000 Liberty Avenue

Pittsburgh, Pennsylvania 15222-4186

Email: Regulatory.Permits@usace.army.mil

It has been determined that your proposed project, which includes the discharge of dredged and/or fill material and/or the placement of structures into waters of the United States, including wetlands, qualifies for federal authorization under the provisions of Section 404 of the Clean

Water Act and /or Section 10 of the River and Harbor Act of 1899, under the terms and conditions of the PASPGP-6.

All activities authorized under PASPGP-6 must comply with all conditions of the authorization, including General, Procedural, and Special Conditions. Failure to comply with all the conditions of the authorization, including project special conditions, will constitute a permit violation and may be subject to criminal, civil, or administrative penalties, and /or restoration.

http://www.nab.usace.army.mil/Missions/Regulatory/PermitTypesandProcess.aspx mailto:NAB-Regulatory@usace.army.mil mailto:PhiladelphiaDistrictRegulatory@usace.army.mil mailto:Regulatory.Permits@usace.army.mil

The authorized activity must be performed in compliance with the following General Conditions to be authorized under PASPGP-6:

General Conditions:

1. Permit Conditions: The permittee shall conduct all work and activities in waters of the United

States, including jurisdictional wetlands, in strict compliance with the approved authorization/verification including all final maps, plans, profiles, and design specifications.

2. 401 State Water Quality Certification (SWQC) Conditions: The permittee shall comply with the following conditions unless a project specific SWQC is required as identified below:

a. Prior to beginning any activity authorized by the Corps under PASPGP-6, the applicant shall obtain from the Department all necessary environmental permits, authorizations or approvals, and submit to the Department environmental assessments and other information necessary to obtain the permits and approvals, as required under state law, including The Clean Streams Law (35 P.S. §§ 691.1—691.1001), the Dam Safety and

Encroachments Act (32 P.S. §§ 693.1—693.27), the Surface Mining Conservation and

Reclamation Act (52 P.S. §§ 1396.1—1396.19b), the Noncoal Surface Mining

Conservation and Reclamation Act (52 P.S. §§ 3301—3326), the Bituminous Mine

Subsidence and Land Conservation Act (52 P.S. §§ 1406.1—1406.21), the Coal Refuse

Disposal Control Act (52 P.S. §§ 30.51—30.66), the Solid Waste Management Act (35

P.S. §§ 6018.101—6018.1003), the Hazardous Sites Cleanup Act (35 P.S. §§ 6020.101—

6020.1305), the Land Recycling and Environmental Remediation Standards Act (35 P.S.

§§ 6026.101— 6026.908), 58 Pa.C.S. §§ 3201—3274 (related to development), the Air

Pollution Control Act (35 P.S. §§ 4001—4015), the Storage Tank and Spill Prevention

Act (35 P.S. §§ 6021.101— 6021.2104) and the regulations promulgated thereunder, including 25 Pa. Code Chapters 16, 71, 77, 78, 78a, 86—91, 92a, 93, 95, 96, 102, 105, 106, 127, 245 and 260a—299.

b. Fill material may not contain any wastes as defined in the Solid Waste Management Act.

c. Applicants and projects eligible for the PASPGP-6 must obtain all state permits or approvals, or both, necessary to ensure that the project meets the state's applicable water quality standards, including a project-specific SWQC.

Note: As part of PADEP’s issuance of 401 SWQC for PASPGP-6 on February 12, 2021, the following was included to clarify the meaning of this condition:

This 401 SWQC is only available for projects that do not require any federal authorization other than authorization from the Corps under Section 404 of the Act or Section 10 of the Rivers and

Harbors Act of 1899. Applicants seeking authorization for activities not eligible for coverage under PASPGP-6, or for activities that require another federal authorization (such as an interstate natural gas pipeline, a gas storage field or a nuclear or hydroelectric project requiring authorization by another federal agency), must submit a request to the Department for a project-specific SWQC. The scope of the issuance of this SWQC is related only to the scope and applicability of the proposed PASPGP-6. Any activity or project requiring the Department to issue 401 SWQC that is beyond the scope of the proposed PASPGP-6 or other programmatically issued SWQC (e.g. Nationwide Permits) will require the applicant to obtain a project-specific

SWQC from the Department. This would include any activity or project requiring a SWQC associated with an authorization, permit or license issued by a federal agency, such as Federal

Energy Regulatory Commission or Nuclear Regulatory Commission. Such activities or projects include, but are not limited to, an interstate natural gas pipeline, a gas storage field or a nuclear or hydroelectric project.

3. Terms and Conditions Related to Coastal Zone Management Act (CZMA) Certification: For those projects located within Pennsylvania’s Coastal Zones, Non-Reporting Activities have

General CZMA consistency determination and Reporting Activities must obtain individual

CZMA consistency determination (see General Condition 30(b)).

4. Aquatic Life Movements: No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity’s primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless crossing cannot be used, then culverts should be designed, constructed, and appropriately depressed, if possible, below the stream invert to minimize adverse effects to aquatic life movements.

5. Threatened and Endangered Species: By signing the Pennsylvania Natural Diversity

Inventory (PNDI) receipt, the permittee has agreed to comply with all avoidance measures identified by the PNDI receipt. The applicant may also agree in writing to comply with all avoidance measures identified in U.S. Fish and Wildlife Service (USFWS) correspondence, including IPaC, as part of the application. To ensure compliance with the Endangered

Species Act (ESA), those avoidance measures associated with federally listed, threatened, or endangered species are a condition of the PASPGP-6 verification, unless modified by the

Corps.

If an activity is verified under the PASPGP-6, and a federally listed, threatened, or endangered species, or proposed species, is subsequently found to be present, all work must cease, and the

Corps and USFWS (or National Marine Fisheries Service (NMFS)) must be notified by telephone immediately (contact information below). The PASPGP-6 verification is automatically suspended without additional notification to the permittee and will not be re-issued until consultation pursuant to Section 7 of the ESA is concluded and adverse effects to federally listed, threatened, endangered, and proposed species are avoided, or incidental take authorization issued.

Furthermore, persons have an independent responsibility under Section 9 of the ESA to avoid any activity that could result in the “take” of a federally listed species.

USFWS:

Pennsylvania Field Office

110 Radnor Rd; Suite 101

State College, PA 16801 office phone: 814 234-4090 fax: 814-234-0748 or 814 206-7452

NMFS:

Ms. Jennifer Anderson

Assistant Regional Administrator

Protected Resources Division NOAA Fisheries

55 Greater Republic Drive

Gloucester, Massachusetts 01930

6. Spawning Areas: The permittee shall comply with all time-of-year-restrictions (see below) associated with spawning areas as set forth by the Pennsylvania Fish and Boat Commission

(PFBC) or other designated agency. Discharges or structures in spawning or nursery areas shall not occur during spawning seasons unless written approval is obtained from the PFBC or another designated agency. In addition, work in areas used for other time sensitive life span activities of fish and wildlife (such as hibernation or migration) may necessitate the use of seasonal restrictions for avoidance of adverse impacts to vulnerable species. Impacts to these areas shall be avoided or minimized to the maximum extent practicable during all other times of the year.

Wild Trout October 1 - December 31

Class A Wild Trout October 1 - April 1

List of Trout Streams found at:

https://www.fishandboat.com/Fish/PennsylvaniaFishes/Trout/Pages/TroutWaterClassificatio ns.aspx.

7. Shellfish Production: No discharge of dredged and/or fill material and/or the placement of structures may occur in areas of concentrated shellfish production, unless the discharge is directly related to an authorized shellfish harvesting activity.

8. Adverse Effects From Impoundment: If the regulated activity creates an impoundment of water, the adverse effects on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow, including impacts to wetlands, shall be minimized to the maximum extent practicable.

9. Management of High Flows: To the maximum extent practicable, the preconstruction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, https://www.fishandboat.com/Fish/PennsylvaniaFishes/Trout/Pages/TroutWaterClassifications.aspx https://www.fishandboat.com/Fish/PennsylvaniaFishes/Trout/Pages/TroutWaterClassifications.aspx and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities).

10. Erosion and Sediment Controls: Appropriate soil erosion and sediment controls, in accordance with state regulations, must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United

States, including jurisdictional wetlands, during periods of low-flow or no-flow, or during low tides.

11. Suitable Material: No activities, including discharges of dredged and/or fill material or the placement of structures, may consist of unsuitable material (i.e., asphalt, trash, debris, car bodies, etc.). No material discharged shall contain toxic pollutants in amounts that would violate the effluent limitation standards of § 307 of the Clean Water Act (CWA).

12. Temporary Fill and Structures: Temporary fill (i.e., access roads and cofferdams) and structures in waters and/or wetlands authorized by PASPGP-6 shall be properly constructed and stabilized during use to prevent erosion and accretion. Temporary fill in wetlands shall be placed on geotextile fabric laid on existing wetland grade, unless such requirement is specifically waived by the Corps. Whenever possible, rubber or wooden mats should be used for equipment access through wetlands to the project area. Temporary fills and structures shall be removed, in their entirety, to an upland site, and suitably contained to prevent erosion and transport to a waterway or wetland. Temporarily impacted areas shall be restored to their preconstruction contours, elevations, and hydrology, and revegetated with a wetland seed mix that contains non-invasive, native species, to the maximum extent practicable.

Unless approved by the Corps, the restoration work must be completed within 30 days of the date the temporary fill/structure is no longer needed.

13. Equipment Working in Wetlands: Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance.

14. Installation and Maintenance: Any regulated structure or fill authorized by PASPGP-6 shall be properly installed and maintained to ensure public safety.

15. PASPGP-6 Authorization:

a. PASPGP-6 expires June 30, 2026, unless suspended or revoked.

b. Verifications of PASPGP-6 expire June 30, 2026, unless the PASPGP-6 permit is suspended, revoked, or the PADEP authorization expires, whichever date occurs sooner.

Activities authorized under PASPGP-6 that have commenced construction or are under contract to commence construction will remain authorized provided the activity is completed within 12 month of the date of the PASPGP-6 expiration, modification, or revocation; or until the expiration date of the project specific verification, whichever is sooner.

16. One-Time Use: A PASPGP-6 verification is valid to construct the project, or perform the activity, one time only, except for PASPGP-6 verifications specifically issued for reoccurring maintenance activities.

17. Water Supply Intakes: No regulated activity may occur in the proximity of a public water supply intake and adversely impact the public water supply. In order to minimize the effects of intakes on anadromous fish eggs and larvae, and oyster larvae, intake structures should be equipped with screening (with mesh size no larger than 2 mm) of wedge wire or another material of equal or better performance. Where feasible, intakes should be located away from spawning or nursery grounds, or to minimize the impingement on, or entrainment of, eggs or larvae. In addition, intake velocities should not exceed 0.5 ft/sec.

18. Historic Properties: For all activities verified under a PASPGP-6, upon the unanticipated discovery of any previously unknown historic properties (historic or archeological), all work must cease immediately, and the permittee must notify the State Historic Preservation Officer

(SHPO) and the Corps. The Corps will contact the tribes with whom they routinely consult, within 24 hours in accordance with each District’s tribal consultation process. PASPGP-6 may be re-verified, and special conditions added if necessary, after an effect’s determination on historic properties and/or tribal resources is made, in consultation with the SHPO, the tribes and other interested parties. The PASPGP-6 verification may be modified and/or rescinded for the specific activity if an adverse effect on the historic property cannot be avoided, minimized, or mitigated.

19. Tribal Rights: No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights.

20. Corps Civil Works Projects: The PASPGP-6 does not authorize any work which will interfere with an existing or proposed Corps Civil Works project, or any Corps-owned or managed property or easement (i.e., flood control projects, dams, reservoirs, and navigation projects), unless specifically approved by the Corps in writing. Pursuant to 33 U.S.C 408, a review by, or permission from the Corps is required for activities that will alter or temporarily or permanently occupy or use a Corps federally authorized Civil Works project.

Any activity that requires Section 408 permission and/or review is not authorized by

PASPGP-6 until the appropriate Corps office issues the Section 408 permission or completes its review to alter, occupy, or use the Corps Civil Works project, and Corps issues a written

PASPGP-6 verification.

21. Navigation: No activity verified under PASPGP-6 may cause more than minimal adverse effect on navigation. No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the activity authorized herein. In addition, activities that require temporary causeways that prohibit continued navigational use of a waterway (i.e., temporary causeways extending greater than ¾ the width across the waterway) shall be removed in their entirety upon completion of their use. Any safety lights and signals prescribed by the U.S. Coast Guard (USCG), through regulation or otherwise, must be installed and maintained at the permittee’s expense on authorized facilities in navigable waters of the United States. The permittee understands and agrees that, if further operations by the United States require the removal, relocation, or other alteration, of the existing fixed bridges, or the clearances which would be required by the USCG for new fixed bridges, in the vicinity of the proposed aerial transmission line. These clearances are based on the low point of the line under conditions producing the greatest sag, taking into consideration temperature, load, wind, length of span, and type of supports as outlined in the National Electric Safety Code:

Nominal System Voltage (kV)

Minimum Additional Clearance

(ft.) Above Clearance Required for Bridges

115 and below 20

138 22

161 24

230 26

350 30

500 35

700 42

750-765 45

i. Clearances for communication lines, stream gauging cables, ferry cables, and other aerial crossings must be a minimum of ten feet above clearances required for bridges, unless specifically authorized otherwise by the District Engineer.

ii. Corps regulation ER 1110-2-4401 prescribes minimum vertical clearances for power communication lines over Corps lake projects. In instances where both regulation and

ER 1110-2-4401 apply, the greater minimum clearance is required.

b. Encasement: The top of any cable, encasement, or pipeline shall be located a minimum of three feet below the existing bottom elevation of the streambed and shall be backfilled with suitable heavy material to the preconstruction bottom elevation. Where the cable, encasement, or pipeline is placed in rock, a minimum depth of one foot from the lowest point in the natural contour of the streambed shall be maintained. When crossing a maintained navigation channel, the requirements are a minimum of eight feet between the top of the cable, encasement, or pipeline and the authorized depth of the navigation channel. For maintained navigational channels, where the utility line is placed in rock, a minimum depth of two feet from the authorized depth of the navigation channel shall be maintained.

c. As-Built Drawings: Within 60 days of completing an activity that involves an aerial transmission line, submerged cable, or submerged pipeline across a navigable water of the United States (i.e., Section 10 waters), the permittee shall furnish the Corps and

National Oceanic and Atmospheric Administration, Nautical Data Branch, N/CS26, Station 7317, 1315 East-West Highway, Silver Spring, Maryland, 20910 with professional, certified as-built drawings, to scale, with control (i.e., latitude/longitude, state plane coordinates), depicting the alignment and minimum clearance of the aerial wires above the mean high water line at the time of survey or depicting the elevations and alignment of the buried cable or pipeline across the navigable waterway.

d.Aids to Navigation: The permittee must prepare and provide for USCG approval, a

Private Aids to Navigation Application (CG-2554). The application can be found at:

https://media.defense.gov/2017/Nov/20/2001846135/-1/- 1/0/CG_2554.pdf. The completed application must be sent to the appropriate USCG office as indicated below:

i. Baltimore/Philadelphia Districts: Commander Fifth Coast Guard District, 431 Crawford Street, Room 100, Portsmouth, VA 23704-5504, Attn: Mr. Matthew Creelman; by email to Matthew.K.Creelman2@uscg.mil; or by

FAX to (757) 398-6303.

ii. Pittsburgh District: Eighth Coast Guard District, Sector Ohio Valley, USCGC Osage, 300 McKown Ln, Sewickley, PA 15143; phone (412) 741-1180

Within 30 days of the date of receipt of the USCG approval, the permittee must provide a copy to the appropriate Corps district office.

27. PADEP Waiver: If the Corps determines a specific activity, which is eligible for a PADEP

Non-reporting Waiver, has a significant adverse impact on life, property or important aquatic resources, the Corps may require the owner to modify the activity to eliminate the adverse condition or to obtain a Corps Individual Permit. In accordance with 33 CFR 325.7(a), “The

District Engineer may reevaluate the circumstances and conditions of any permit, including regional permits, either on his own motion, at the request of the permittee, or a third party, or as the result of periodic progress inspections, and initiate action to modify, suspend, or revoke a permit as may be made necessary by considerations of the public interest. In the case of regional permits, this reevaluation may cover individual activities, categories of activities, or geographic areas.”

28. Corps Water Releases: For projects located downstream of a Corps dam, the permittee should contact the appropriate Corps, Area Engineer Office, to obtain information on potential water releases and to provide contact information for notification of unscheduled water releases. It is recommended that no in-water work be performed during periods of high-water flow velocities. Any work performed at the project site is at the permittee’s own risk.

29. State Authorization: The activity must receive state authorization. For the purpose of this requirement, any one of the following is considered as a state authorization:

a. A PADEP Chapter 105 Water Obstruction and Encroachment Permit, including PADEP approved Environmental Assessment pursuant to 25 Pa. Code § 105.15; or

b. A PADEP GP issued pursuant to 25 Pa. Code § §105.441-105.449; or

c. A PADEP approved Environmental Assessment for activities not otherwise requiring a

PADEP permit pursuant to 25 Pa. Code § 105.12; or

d. A PADEP Dam Permit, including maintenance or repairs of existing authorized dams, including maintenance dredging; or mailto:Matthew.K.Creelman2@uscg.mil

e. A PADEP Emergency Permit issued pursuant to 25 Pa. Code § 105.64; or

f. A PADEP permit for the construction of a bridge or culvert which allows for maintenance activities of bridges and culverts; or

g. A PADEP Chapter 105 Dam Safety and Encroachment Enforcement Action.

30. Other Authorizations: Additional federal, state, and/or local authorizations or approvals may be required and where applicable must be secured by the applicant, prior to initiating any discharge of dredged and/or fill material, and/or the placement of structures into waters of the

United States, including jurisdictional wetlands. These approvals include, but are not limited to:

a. A project specific 401 SWQC issued by PADEP or considered waived, consistent with

Section 401 of the CWA.

PADEP has issued 401 SWQC for activities authorized by PASPGP-6 with conditions.

See General Condition 2 for conditions and for identification when a project specific 401

SWQC or a waiver thereof is required. If the permittee cannot comply with all of the conditions of the 401 SWQC previously issued for PASPGP-6, then the permittee must obtain a project specific 401 SWQC or waiver for the proposed discharge in order for the activity to be authorized by PASPGP-6. The Corps or certifying authority may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality; and

b. Reporting Activities located within the designated CZM Areas. Require a CZMA consistency determination issued by PADEP or a presumption of concurrence pursuant to

Section 307 of the Federal Coastal Zone Management Act.

The District Engineer or PADEP may require additional measures to ensure that the authorized activity is consistent with state CAM requirements; and

c. Fills within the 100-year floodplains. This activity must comply with applicable Federal

Emergency Management Agency approved state or local floodplain management requirements.

31. Federal Liability: In issuing this permit and any subsequent activity verification, the federal government does not assume any liability, including but not limited to the following:

a. Damages to permitted project or users, thereof, as a result of other permitted or unpermitted activities or from natural causes;

b. Damages to the permitted project or uses, thereof, as a result of current or future activities undertaken by or on behalf of the United States in the public interest;

c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit;

d. Design or construction deficiencies associated with the permitted work; and

e. Damage claims associated with any future modification, suspension, or revocation of the

PASPGP-6.

32. False and Incomplete Information: The Corps may modify or rescind a previously issued project specific verification, if it determines that the original verification was issued based on false, incomplete and/or inaccurate information; or other information becomes available whereby such action is necessary to ensure compliance with other federal laws and regulations.

33. Anadromous Fish Waters: To protect anadromous fish during their migration and spawning, no work can take place in the following anadromous fish waterways listed in the table below from March 15 to June 30 unless approved in writing by the Corps. Questions on the applicability of this condition should be directed to the Corps, Philadelphia District.

Waterway Downstream extent Upstream extent Upstream

Latitude (N)

Upstream

Longitude (E)

Delaware River in

Pennsylvania

(including W.

Branch)

Rte. 220 Bridge PA/NY Border 41.999448 -75.359573

Lehigh River and adjacent canals confluence with

Delaware River

500 feet upstream of the Cementon Dam

40.690275 -75.503800

Little Lehigh

Creek confluence with

Lehigh River

500 feet upstream of the lowermost dam

40.596318 -75.475570

Hokendauqua

Creek confluence with

Lehigh River

State Route 4014 (West

Scenic Drive)

40.793273 -75.439262

Bushkill Creek confluence with

Delaware River

500 feet upstream of the lowermost dam

40.694859 -75.212406

Waterway Downstream extent Upstream extent Upstream

Latitude (N)

Upstream

Longitude (E)

Brodhead Creek confluence with

Delaware River

500 feet upstream of the

Stroudsburg Water Co.

Dam

41.018667 -75.201063

Bush Kill confluence with

Delaware River

500 feet upstream of Resica Falls

41.111235 -75.095824

Lackawaxen River confluence with

Delaware River

500 feet upstream of the

Woolen Mill Dam

40.984304 -75.191569

Dyberry Creek confluence with

Lackawaxen River

Jadwin Dam 41.612088 -75.263391

Darby Creek Confluence with

Delaware River

500 feet upstream of the confluence of Cobbs

Creek and Darby Creek

39.907278 -75.255432

Schuylkill River Fairmount Dam 500 feet upstream of the

Bingaman St. Bridge in

Reading, Pennsylvania

40.326411 -75.934417

Neshaminy Creek Confluence with

Delaware River

500 feet upstream of the lowermost dam

40.143369 -74.915828

34. Compliance Certification: Each permittee who receives a written PASPGP-6 verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation. This certification should indicate if the success of any required permittee-responsible mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(l)(3) to confirm that the permittee secured the appropriate number and resource type of credits. The signature of the permittee is also required to certify the completion of the activity and mitigation. The completed certification document must be submitted to the District Engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory mitigation, whichever occurs later.

35. Migratory Birds and Bald and Golden Eagles: The permittee is responsible for ensuring that an action authorized by PASPGP-6 complies with the Migratory Bird Treaty Act and the

Bald and Golden Eagle Protection Act. The permittee is responsible for contacting the appropriate local office of the USFWS to determine what measures, if any, are necessary or appropriate to reduce adverse effects to migratory birds or eagles, including whether

"incidental take" permits are necessary and available under the Migratory Bird Treaty Act or

Bald and Golden Eagle Protection Act for a particular activity. The permittee should contact the appropriate local office of the USFWS to determine if such authorizations are required for a particular activity. Information on the conservation of migratory birds and Bald and

Golden Eagles can be found at the following USFWS web site:

http://www.fws.gov/northeast/pafo/

36. Migratory Bird Breeding Areas: Activities in waters of the United States, including jurisdictional wetlands, that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. Recommendations pertaining to the conservation of migratory birds can be found at the following USFWS web site:

By Authority of the Secretary of the Army:

John T. Litz Colonel, U.S. Army Commander and District Engineer Baltimore District

David C. Park Lieutenant Colonel, Corps of Engineers District Commander Philadelphia District

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS, BALTIMORE DISTRICT

2 HOPKINS PLAZA

BALTIMORE, MD 21201-2930

COMPLIANCE SELF-CERTIFICATION

AUTHORIZATION NUMBER: NAB-

Corps Project Manager:

Upon completion of the authorized work, sign this certification and return it to the address above or the following electronic mail address: nab-regulatory@usace.army.mil. Please include the following text in the email subject line: Compliance Certification Form.

Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with this permit, you are subject to permit suspension, modification, or revocation.

Please complete the following information:

1. Date authorized work commenced: _______

2. Date authorized work completed: _______

3. Was all work completed in accordance with your authorization, including all general and/or specific conditions?

YES___ NO ___

4. Explain in detail any deviations to the authorized work and/or compliance with conditions:

(use additional sheets if necessary)

5. If compensatory mitigation is required, please provide a status below:

6. Attach labeled photographs showing completed work.

____I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said authorization.

____I hereby certify that the work is NOT in compliance with the above referenced authorization as detailed in #4 above and would like to discuss this project with a project manager.

I can be reached at: ( ) ____-_________.

Signature of Permittee Date mailto:nab-regulatory@usace.army.mil

Permit Transfer Form

Project Number: NAB-2022-00231-M43 (Daniel Miller Farm Conowingo Creek Restoration)

Project Location: Daniel Miller Farm, off of Goat Hill Road, Lancaster, Fulton County, Pennsylvania

Project Description: The project includes the realignment, restoration, and enhancement of approximately 600 linear feet of Conowingo Creek and approximately 3,840 linear feet of Little Conowingo Creek by installing 68 rock deflectors, 20 mudsills, 2 rock cross vanes and 20 boulder walls to improving habitat quality, reduce channel erosion, provide ecological uplift, and reduce the downstream transport of sediments and nutrients. Fourteen floodplain benches and terraces will also be excavated to improve floodplain connectivity. In addition to stream restoration activities, the project also proposes the installation of four permanent cattle crossings. The project will permanently impact no more than approximately 600 linear feet (3,536 square feet) of Conowingo Creek and no more than approximately 3,840 linear feet (18,936 square feet) of Little Conowingo Creek. The project will result in temporary impacts to approximately 14,804 square feet of Little Conowingo Creek, 9,981 square feet of Conowingo Creek, and 66 square feet of unnamed tributary to Little Conowingo Creek.

No impacts to wetlands are proposed.

TRANSFEREE SIGNATURE DATE AREA CODE/TELEPHONE NO.

PRINTED NAME

ADDRESS

Please return form by email to NAB-Regulatory@usace.army.mil. The Corps permit number (NAB-XXXX-XXXXX-PXX) must be included in the subject line.

PA ONE CALL UNDERGROUND UTILITY PROTECTION ACT

ONE CALL SYSTEM SERIAL NUMBER:

PURSUANT TO THE PROVISIONS OF ACT NO. 287 OF 1974, AS AMENDED BY ACT

187 OF 1996, ACT 181 OF 2006, ACT 160 OF 2016 AND ACT 50 OF 2017 OF THE

PENNSYLVANIA STATE LEGISLATURE, RETTEW ASSOCIATES, INC. HAS

PERFORMED THE FOLLOWING IN PREPARING THESE DRAWINGS REQUIRING

EXCAVATION OR DEMOLITION WORK AT SITES WITHIN THE POLITICAL

SUBDIVISION(S) SHOWN ON THE DRAWINGS:

1. PURSUANT TO SECTION 4, CLAUSE (2) OF SAID ACT, RETTEW

ASSOCIATES, INC. REQUESTED FROM EACH FACILITY OWNER

DESIGNATED ON SUCH LIST PROVIDED BY THE ONE CALL SYSTEM

NOTIFICATION, THE INFORMATION PRESCRIBED BY SECTION 2, CLAUSE

(4) OF SAID ACT, NOT LESS THAN TEN (10) NOR MORE THAN NINETY (90)

BUSINESS DAYS BEFORE FINAL DESIGN IS TO BE COMPLETED.

2. PURSUANT TO SECTION 4, CLAUSE (5) OF SAID ACT, RETTEW

ASSOCIATES, INC. HAS MET THEIR OBLIGATIONS OF CLAUSE (2) BY

CALLING THE PENNSYLVANIA ONE CALL SYSTEM SERVING THE

LOCATION WHERE THE WORK IS TO BE PERFORMED, AND SHOWING

THE ASSOCIATED SERIAL NUMBER(S) ON THIS/THESE DRAWING(S).

3. PURSUANT TO SECTION 4, CLAUSE (3) OF SAID ACT, RETTEW

ASSOCIATES, INC. HAS SHOWN UPON THIS/THESE DRAWING(S) THE

POSITION AND TYPE OF EACH FACILITY, AS DERIVED PURSUANT TO THE

REQUEST MADE AS REQUIRED BY CLAUSE (2),

4. PURSUANT TO SECTION 4, CLAUSE (5) OF SAID ACT, RETTEW

ASSOCIATES, INC. HAS SHOWN UPON THIS/THESE DRAWING(S) THE

TOLL-FREE NUMBER FOR THE ONE CALL SYSTEM AND THE SERIAL

NUMBER(S) FOR THE ASSOCIATED ONE CALL SYSTEM NOTIFICATION(S),

ADDITIONALLY, RETTEW ASSOCIATES, INC. DOES NOT MAKE ANY

REPRESENTATION, WARRANTY, ASSURANCE OR GUARANTEE THAT THE

INFORMATION RECEIVED PURSUANT TO SAID REQUEST, AND AS REFLECTED ON

THIS/THESE DRAWING(S), IS CORRECT OR ACCURATE. INFORMATION REFLECTED

ON THIS/THESE DRAWING(S) IS SHOWN AS REQUIRED BY SAID ACT NO. 160 OF

2016, AND AS PROVIDED BY THE FACILITY OWNER PURSUANT TO SECTION 2,

CLAUSE (4) OF SAID ACT.

DATE:

CALL BEFORE YOU DIG!

PENNSYLVANIA LAW REQUIRES THREE (3)

WORKING DAYS NOTICE FOR CONSTRCTION

PHASE AND TEN (10) WORKING DAYS IN

DESIGN STAGE - STOP CALL1-800-242-1776

IT IS THE CLIENT'S RESPONSIBILITY TO NOTIFY RETTEW NO LESS THAN 10 DAYS

AND NO MORE THAN 90 DAYS PRIOR TO THE CONSTRUCTION BEGIN DATE. THIS

NOTIFICATION WILL ALLOW US TO UPDATE THE PA811 ONE CALL TICKETS

ASSOCIATED WITH THIS PROJECT, WHICH IS A REQUIREMENT UNDER ACT 287.

JANUARY 28, 2022

20220281771

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