Effective July 1, 2021 the United States Army Corps of Engineers (USACE) released the Pennsylvania State Programmatic General Permit-6 (PASPGP-6). This permit authorizes work in waters of the United States within portions of the Commonwealth of Pennsylvania for activities that would cause no more than minimal adverse environmental effects, individually and cumulatively, subject to the permit’s specific terms and conditions. This programmatic general permit operates in conjunction with Pennsylvania’s Department of Environmental Protection (PADEP) state regulatory program that protects the aquatic environment in a manner equivalent to the Department of the Army regulatory program. The PASPGP-6 is a 5-year permit that will expire June 30, 2026.
The following are notable changes from the former PASPGP-5 to PASPGP-6:
- The one acre eligibility threshold for single and complete projects was changed to 0.5 acre of permanent loss of waters of the U.S., including jurisdictional wetlands, with some exceptions as noted in the permit.
- Temporary impacts to waters of the U.S., including jurisdictional wetlands was changed from one acre to unlimited acreage, provided the work is determined to result in no more than minimal impact.
- Reporting thresholds will be calculated based on impacts associated with overall project, not single and complete project.
- Section 10 waters within Pittsburgh District, which were ineligible waters under PASPGP-5, were added as waters eligible for authorization under PASPGP-6. Except for work that qualifies for authorization under PADEP Waivers 10 and 12, any regulated work within these waters is a Reporting activity and requires a USACE review.
These changes to the eligibility and reporting thresholds could affect your upcoming project. Please contact Damon Kline, Vice President at DKline@penn-er.com or Matt Pierce, Senior Project Manager at MPierce@penn-er.com with any questions.
Click here to see the public notice.
