Cooperating under NEPA
Description:
USACE Baltimore District
The Philadelphia and Baltimore Districts of the U.S. Army Corps of Engineers are processing applications for Department of the Army permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 for construction activities in and under navigable waters of the United States, specifically the Delaware River, Delaware Canal, Lehigh River, Lehigh Canal, and the Susquehanna River. Pursuant to Section 404 of the Clean Water Act, discharges of dredged and/or fill material into other jurisdictional waters of the United States in the Commonwealth of Pennsylvania are eligible for authorization under the Pennsylvania State Programmatic General Permit. Jurisdictional waters in the State of New Jersey greater than 1,000 feet landward of the ordinary high water mark of the Delaware River are state-assumed waters for purposes of the Clean Water Act and the New Jersey Department of Environmental Protection is responsible for issuing Section 404 authorization in these waters.
Note: The application was withdrawn per the applicant's request on 4 Jan 22.
Milestones:
A complete application was received on 08 August.
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Section 106 Review
:
Section 106 consultation concluded (Agency Action)
A Department of the Army permit cannot be issued until the supplemental NEPA document is completed and consultation pursuant to Section 106 of the National Historic Preservation Act is completed; FERC has paused the Section 106 review action on the Permitting Timeline pending receipt of additional cultural resource information and an implementation plan from the project sponsor. If required information is not received from state/federal agencies and/or the applicant at least 60 days prior to the 90-day deadline specified in the Energy Policy Act of 2005, the district will consider this delay and adjust the decision deadline to allow a 60-day review once all required documentation/information is received. The district is continuing its evaluation while awaiting information necessary to make its decision on the permit application.