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USACE Revises PASPGP-4, Requests Comments on Draft PASPGP-5

On September 29, 2015, the U.S. Army Corps of Engineers (USACE) issued a public notice regarding revisions to the Pennsylvania State Programmatic General Permit – 4 (PASPGP-4).  In general, PASPGP-4 authorizes the discharge of dredged or fill materials and the placement of temporary or permanent structures that result in impacts to one acre or less of waters of the United States, including jurisdictional wetlands.  The revisions announced by USACE are intended to “streamline the PASPGP-4 review process by adding Avoidance Measures (AMs) identified on a Pennsylvania Natural Diversity Inventory (PNDI) receipt for Federally listed threatened or endangered species as a Special Condition of the PASPGP-4 without the need for a [USACE] review of the application.”  The revisions allow certain PASPGP-4 applications to proceed under Category I or Category II review.  The changes are effective immediately.

Also on September 29, USACE released a separate public notice requesting comments on its plan to issue, for a five-year period, PASPGP-5.  PASPGP-5 would replace PASPGP-4, which is set to expire on June 30, 2016.  Comments regarding the proposed new version of the general permit are due on October 29, 2015.