On March 31, 2023 the U.S. Army Corps of Engineers issued a Special Public Notice (Special Public Notice-23-17) establishing a special condition to all existing authorizations under Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act authorizations/verifications in Pennsylvania.

This special condition is added to all Section 10 and/or 404 permits previously authorized or verified in Pennsylvania. It requires that for any authorization or verification where work was not completed by March 31, 2023 an updated habitat screening using the Pennsylvania Natural Diversity Index (PNDI) be conducted, and that any and all avoidance measures listed in the PNDI for northern Long-Eared Bat are conditions of these permits (including PASPGP-6) and therefore must be followed.

MCCD’s guidance from DEP Central Office is that all PNDI receipts for new applications coming in and those in queue should have a date of March 31, 2023 or later, including PNDI receipts for amendment applications which have proposed additional earth disturbance. If the receipt date is earlier than March 31, 2023, the applicant should be notified to re-run the PNDI.  Any previously unreported avoidance measures or potential impacts regarding the Northern Long-Eared Bat will need to be resolved with the jurisdictional agencies prior to permit acknowledgement or issuance.

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