[Federal Register Volume 65, Number 73 (Friday, April 14, 2000)]
[Notices]
[Pages 20240-20245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9279]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
DEPARTMENT OF DEFENSE
Department of the Army; Corps of Engineers
Notice of a Proposed Wetland Banking Memorandum of Agreement in
the Commonwealth of Pennsylvania
COORDINATING AGENCIES: Federal Highway Administration, Pennsylvania
Division (federal); U.S. Army Corps of Engineers Baltimore,
Philadelphia, and Pittsburgh Districts (federal); U. S. Environmental
Protection Agency, Region III (federal); U.S. Fish and Wildlife Service
(federal); U.S. Department of Agriculture, Natural Resource
Conservation Service (federal); Pennsylvania Department of
Transportation (state); Pennsylvania Department of Environmental
Protection (state); Pennsylvania Game Commission (state); Pennsylvania
Fish and Boat Commission (state).
ACTION: Notice.
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SUMMARY: The purpose of this proposed wetland banking agreement is to
establish a wetland banking system to provide effective advanced
compensatory mitigation for unavoidable, minimized impacts to wetlands
of the United States and the Commonwealth of Pennsylvania resulting
from transportation construction or maintenance activities. The
document will serve as an umbrella banking instrument for developing
site specific subordinate instruments.
COMMENTS: Comments must bear postmarks dated no later than May 15,
2000.
ADDRESSES: Address comments to either the Pennsylvania Department of
Transportation, Bureau of Environmental Quality, 555 Walnut Street--
7th Floor, Harrisburg, Pennsylvania 17101-1900 (Attn: Ms. Susan
McDonald) or the Baltimore District Corps of Engineers, Regulatory
Branch, P.O. 1715, Baltimore, Maryland 21203-1715 (Attn: Mr. Paul
Wettlaufer) or Federal Highway Administration, Pennsylvania Division,
228 Walnut Street, Room 536, Harrisburg, Pennsylvania 17101-1720 (Attn:
Mr. Daniel W. Johnson).
FOR FURTHER INFORMATION CONTACT: Susan McDonald, Acting Division Chief,
Pennsylvania Department of Transportation, Bureau of Environmental
Quality, Environmental Analysis Division (717-772-3083).
SUPPLEMENTARY INFORMATION:
Draft Memorandum of Agreement between Commonwealth of Pennsylvania,
Department of Transportation (PennDOT) and Commonwealth of
Pennsylvania, Department of Environmental Protection (DEP) and
Commonwealth of Pennsylvania, Fish and Boat Commission (PAFBC) and
Commonwealth of Pennsylvania, Game Commission (PGC) and U.S. Army Corps
of Engineers, North Atlantic Division and U.S. Army Corps of Engineers,
Ohio Division and U.S. Environmental Protection Agency, Region III
(EPA) and U.S. Fish and Wildlife Service, Pennsylvania Field Office
(USFWS) and Natural Resource Conservation Service, Pennsylvania State
Office (NRCS) and Federal Highway Administration, Pennsylvania Division
(FHWA)
For the purposes of Establishing a Statewide Umbrella Wetland Banking
Instrument
This Memorandum is entered into this ______________ day of
____________________, 2000, between the above listed parties.
Whereas, Sections 501 and 502 of the Administrative Code of 1929,
as amended, 71 P.S. Secs. 181-182 require the Commonwealth Departments
and agencies to cooperate with one another and coordinate their work;
and,
Whereas, Section 2002(a)(7) of the Pennsylvania Administrative Code
of
[[Page 20241]]
1929, as amended, 71 P.S. Sec. 512(a)(7), requires The Pennsylvania
Department of Transportation to cooperate with appropriate Federal
agencies in the coordination of plans and policies in the development
of transportation facilities; and,
Whereas, The Pennsylvania Department of Transportation, in pursuit
of its mission to provide an improved transportation system for the
citizens of the Commonwealth of Pennsylvania, is required to consider
the impacts of its projects on wetlands pursuant to the National
Environmental Policy Act of 1969 42 U.S.C. 4321 et seq. and the Clean
Water Act of 1977, 33 U.S.C. 1251 et seq., as amended; and,
Whereas, the federal government has set forth guidance for the
Establishment, Use and Operation of Mitigation Banks at 60 FR 58605,
1995.
Now, therefore, these parties set forth the following as terms and
conditions of this agreement:
I. Introduction
A. Purpose
The purpose of this wetland banking agreement (Agreement) is to
establish a wetland banking system to provide effective compensatory
mitigation for unavoidable, minimized impacts to wetlands of the United
States and the Commonwealth resulting from transportation construction
or maintenance activities. This document serves as an umbrella banking
instrument for developing site specific subordinate instruments. Site
specific development plans will be appended to this banking instrument
as they are developed. Wetland compensatory mitigation is appropriate
only after it has been demonstrated to the satisfaction of the
permitting agencies that there is no practicable alternative to
construction in a wetland and that all practicable measures to avoid
and minimize impacts to wetlands have been incorporated into the
project.
(1) When minimized project impacts total one acre or less, wetland
bank debiting is appropriate when it has been demonstrated to the
satisfaction of the permitting agencies that:
(a) On-site mitigation is not practicable or
(b) Compensation through wetland bank debiting is of greater
environmental benefit than on-site mitigation.
(2) When minimized project impacts total over one acre, wetland
bank debiting is appropriate compensatory mitigation when it has been
demonstrated to the satisfaction of the permitting agencies that:
(a) On-site mitigation is not practicable, and
(b) Other off-site mitigation is not practicable, or
(c) Compensation through wetland bank debiting is of greater
environmental benefit than either on-site mitigation or other off-site
mitigation.
B. Goal
The goal of the wetland banking system put forth in this Agreement
is to provide an efficient and effective means to replace wetland
functions and values in advance of their loss or alteration by the
authorized construction or maintenance of transportation facilities.
Wetland banks should be designed to ensure the maintenance,
restoration, and, when feasible, improvement of the physical, chemical,
and biological integrity of wetlands.
C. Authority
This agreement is established in consideration of the following
federal and state laws, regulations, policies, and guidance:
Federal:
Clean Water Act (33 USC 1251 et seq.)
Rivers and Harbors Act of 1899 (33 U.S.C. 403)
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
Executive Order 11990--Protection of Wetlands
Regulatory Programs of the Corps of Engineers (33 CFR Parts 320
through 330)
Section 404 (b)(1) Guidelines for the Specification of Disposal
Sites for Dredged or Fill Material (40 CFR Part 320)
Memorandum of Agreement between the EPA and the Department of the
Army Concerning the Determination of Mitigation under the Clean Water
Act, Section 404(b)(1) Guidelines, February 6, 1990
Department of Transportation Order 5660.1A--Preservation of the
Nation's Wetlands
Mitigation of Environmental Impacts to Privately Owned Wetlands (23
CFR 777)
Fish and Wildlife Coordination Act (16 U.S.C. 661)
U.S. Fish and Wildlife Service Mitigation Policy (46 FR 7644, 1981)
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
Magnuson Fisheries Conservation and Management Act (16 U.S.C. 1801
et seq.)
National Marine Fisheries Habitat Conservation Policy (48 FR 53142,
1983)
Transportation Equity Act for the 21st Century (codification
pending)
Coastal Zone Management Act (16 U.S.C. 1451 et seq.)
Federal Guidance for the Establishment, Use, and Operation of
Mitigation Banks (60 FR 58605, 1995)
State:
Constitution of the Commonwealth of Pennsylvania, Section 27,
Article 1
Pennsylvania Act 120 of 1970
Dam Safety and Encroachments Act (32 P.S. Secs. 693.5 et seq.)
Pennsylvania Clean Streams Law (35 P.S. Secs. 691.5 et seq.)
25 Pa. Code Chapter 82--Conservation of Pennsylvania Native Wild
Plants
25 Pa. Code Chapter 93--Water Quality Standards
25 Pa. Code Chapter 105--Dam Safety and Waterway Management
Pa. Title 30--The Fish and Boat Code
Pa. Title 34--The Game and Wildlife Code
Pennsylvania State Water Plan
D. Benefits
The advantages of mitigation banking include, but are not limited
to:
Compensatory mitigation efforts are in place and functioning prior
to impacts, thereby reducing the temporal loss of functions and
ensuring successful replacement.
Mitigation banks can be monitored and maintained with greater ease
than numerous small mitigation sites.
Mitigation banking can improve agency coordination in mitigation
planning.
Mitigation banking can reduce permit preparation and evaluation
time for qualifying projects.
Mitigation banks may be more resilient to natural environmental
cycles and may provide increased ecological benefit in comparison to
numerous small mitigation sites of equal area.
Mitigation banking can result in decreased cost and increased
application of sound wetland science in design and construction.
E. Definitions
Permitting Agencies--Any federal or state agency empowered by
regulation to authorize the particular use of a mitigation bank as
compensation for a permitted activity. As it pertains to this agreement
the permitting agencies are specifically the U.S. Army Corps of
Engineers (Philadelphia, Baltimore, and Pittsburgh Districts) and the
Pennsylvania Department of Environmental Protection.
Bank Sponsor--An organization within the Pennsylvania Department of
[[Page 20242]]
Transportation (such as an Engineering District) assigned the
responsibility for the establishment and operation of a mitigation bank
in a given service area.
Consensus--A process by which a group synthesizes its concerns and
ideas to form a common collaborative agreement acceptable to all
members. While the primary goal of consensus is to reach an agreement
on an issue by all parties, unanimity may not always be possible.
Creation--The establishment of a wetland where one did not formerly
exist.
Credit--A unit of measure representing the accrual or attainment of
wetland functions at a mitigation bank.
Debit--A unit of measure representing the loss of wetland functions
at an impact or project site.
Development Plan--A site specific plan prepared for each mitigation
bank site which details the particulars of bank establishment and
operation.
Enhancement--Activities conducted in existing wetlands that
increase one or more wetland functions.
Environmental Clearance Documentation--Documentation prepared with
the purpose of compliance with the National Environmental Policy Act
and/or Pennsylvania Act 120 of 1970. Such documentation is reviewed and
approved by the Federal Highway Administration and/or the Pennsylvania
Department of Transportation.
In-kind replacement--Compensation that provides essentially the
same set of interrelated wetland functions as those lost at the
impacted wetlands. This is typically established through classification
of wetland type.
Mitigation Bank--A site where wetlands have been restored, created,
enhanced, or, in exceptional circumstances, preserved expressly for the
purpose of providing compensatory mitigation in advance of authorized
impacts to wetlands.
Mitigation Bank Criteria--Site specific parameters under which a
bank is operated. These parameters form site specific portions of this
wetland banking instrument and will be appended hereto as sites are
developed. These criteria include the approved Development Plan,
monitoring reports, transaction reports, mitigation bank site
accounting, and other such documentation as may affect banking
operations.
Mitigation Banking Review Team (MBRT)--A group consisting of one
representative from each of the following agencies (which are signatory
to this agreement) that oversees the establishment, use and operation
of banks established under this agreement:
The appropriate U.S. Army Corps of Engineers District (co-chair)
Philadelphia District (Phil. Corps)
Baltimore District (Balt. Corps)
Pittsburgh District (Pbgh. Corps)
U.S. Environmental Protection Agency (EPA)
Natural Resource Conservation Service (NRCS)
U.S. Fish and Wildlife Service (USFWS)
Federal Highway Administration (FHWA)
The Pennsylvania Department of Environmental Protection (DEP) (co-
chair)
Pennsylvania Fish & Boat Commission (PAFBC)
Pennsylvania Game Commission (PGC)
Pennsylvania Department of Transportation, Bureau of Environmental
Quality (BEQ)
On-site replacement--Wetland creation, restoration, enhancement or
preservation to compensate for impacts within the same watershed
(defined by United States Geological Survey's twelve-digit Hydrologic
Unit Code) as such impacts occur.
Out-of-kind replacement--Compensation which is not in-kind
replacement.
Participant--An entity obtaining credits from a wetland bank to
compensate for authorized impacts resulting from that entity's
activities. Specifically in this agreement, approved Participants are
limited to the Pennsylvania Department of Transportation and the
Pennsylvania Turnpike Commission. Other state agencies, county or
municipal governments, transit authorities, ports, airports and others
may be deemed appropriate participants by decision of both the Bank
Sponsor and the Permitting Agencies on a case by case basis when such
entities impact wetlands directly as a result of delivering
transportation infrastructure or services.
Practicable--Available and capable of being done after taking into
consideration cost, existing technology, and logistics in light of
overall project purposes.
Preservation--The protection of ecologically important wetlands in
perpetuity through the implementation of appropriate legal and physical
mechanisms. Preservation will only be considered appropriate
compensatory mitigation in exceptional circumstances.
Restoration--Re-establishment of previously existing wetland
characteristics and functions at a site where they have ceased to
exist.
Service Area--A set geographic region, based on watershed and
ecoregion concepts, wherein a bank can reasonably be expected to
provide appropriate compensation for impacted wetlands within which a
mitigation bank's debits and credits can be exchanged. Specifically,
within this agreement these areas are based on Pennsylvania State Water
Plan subwatersheds that have been correlated to approximate ecosystem
boundaries. See also the Map of Service Areas, Appendix A.
Wetland Functions--Natural processes of wetlands that include but
are not limited to:
Supporting the food chain,
Meeting the general habitat needs of nesting, spawning, rearing and
resting sites for aquatic and terrestrial species,
Providing areas for the study of the environment,
Providing environmental sanctuary or refuge,
Maintaining natural drainage characteristics including sedimentation
patterns, salinity distribution, flushing characteristics, and natural
water filtration,
Shielding other areas from wave action, erosion, or storm damage,
Serving as a storage area for storm and flood waters,
Providing groundwater discharge that supports minimum baseflows,
Serving as a recharge area where surface water and groundwater are
directly interconnected,
Preventing or reducing pollution impacts (e.g. toxicant retention,
nutrient transformation),
Providing recreation
Wetland Type--The characterization and categorization of a wetland
according to an accepted classification system (i.e. Cowardin, HGM or
other system as deemed appropriate).
Wetlands--Those areas that are inundated or saturated by surface or
groundwater at frequency and duration to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted
for life in saturated soil conditions.
II. Duties and Responsibilities of Signatories and Participants
A. Duties and Responsibilities of the Bank Sponsor
The bank sponsor will:
1. Establish the mitigation bank in accordance with Article III
below.
2. Operate the mitigation bank in accordance with Articles IV and V
below.
[[Page 20243]]
B. Duties and Responsibilities of the MBRT
The MBRT oversees bank development and crediting. All decisions
made by the MBRT with respect to mitigation bank establishment and
operation, as outlined in this agreement, shall be reached by consensus
except as provided for in Article II Section D.1. below. In exercising
this authority, the MBRT will:
1. Field view each potential mitigation banking site and recommend
development of such sites as are appropriate and practicable.
2. Review, provide comments, and as appropriate, approve bank
development plans.
3. Establish available credits for mitigation banks in accordance
with Section IV.A.6. below.
4. Advise the Sponsor and Permitting Agencies on maintenance and
remediation activities.
C. Duties and Responsibilities of the Mitigation Banking Participant
The Mitigation Bank Participant is responsible to the Permitting
Agencies and must:
1. Comply with applicable regulatory processes.
2. Demonstrate that use of the bank is practicable and appropriate.
3. Arrange and document the exchange of credits with the Sponsor to
the satisfaction of the Permitting Agencies.
4. Participants with known project programs are strongly encouraged
to annually consult with the Permitting Agencies by providing a list of
projects that the participant anticipates may qualify for use of a
mitigation bank.
D. Duties and Responsibilities of Permitting Agencies
1. As permitting agencies for wetlands, these agencies will co-
chair the MBRT. These co-chair agencies will have the final
determination on any banking issue with respect to their particular
regulatory programs in the event that the MBRT cannot reach consensus.
2. As permitting agencies for wetlands the Permitting Agencies have
sole authority over the transfer of credits, notwithstanding any other
decision-making requirements bearing upon them by law or regulation. As
such they will:
a. Determine if and when the transfer of credits from a bank is
appropriate and practicable for compensatory mitigation.
b. Ensure that in the interest of achieving functional replacement,
in-kind compensation of aquatic resource impacts should generally be
required. Out-of-kind compensation may be acceptable if it is
determined to be practicable and environmentally preferable to in-kind
compensation (e.g. of greater ecological value to a particular region).
c. Establish, on a case by case basis, the number of bank credits
necessary for appropriate compensatory mitigation, within a framework
that includes areal extent, landscape position, and ecological
function.
d. Ensure that a Participant has effected a proper exchange of
credits.
e. Ensure compliance with the Mitigation Banking Criteria.
3. Approve transfers of legal interests in closed wetland banks as
appropriate.
III. Procedures for Establishing a Wetland Mitigation Bank
The Bank Sponsor will take the following steps in developing a
mitigation bank. The development effort should occur in conjunction
with an appropriate public and agency coordination process that is
initiated early and is continuous in nature.
A. Identify sites within a service area with the potential for the
development of a mitigation bank. Location of anticipated
transportation program projects should be considered in locating such
sites. When a watershed assessment has been conducted for a service
area or a portion thereof, the sponsor should also give consideration
to the recommendations therein.
B. Schedule and conduct a field view to assist the MBRT in their
review and approval of a site for mitigation bank development. The
field view should include dissemination and discussion of appropriate
background material concerning the potential bank site. Appropriate
background material may include such data as a project location map,
aerial photography, soil survey data, site soil data, preliminary site
hydrology and rudimentary concepts of potential compensatory mitigation
options for the site.
C. Prepare a draft Development Plan. The plan will contain, at a
minimum, the following information:
1. The geographic location of the mitigation bank site.
2. Identification of the applicable service area and anticipated
need for wetland banking.
3. Description of existing site conditions including:
a. A wetland delineation and jurisdictional determination where
appropriate
b. Cultural Resource Issue Identification
c. Threatened and Endangered Species Issue Identification
d. Soils data
e. Hydrologic data
f. Natural communities
g. Land Use and Land Cover
4. Draft Environmental Clearance Documentation.
5. Conceptual Mitigation Design including proposed future
conditions.
6. Proposed method of securing legal interest.
D. Conduct an appropriate public involvement effort that, at a
minimum, consists of a public notice publication.
E. Submit the Draft Development Plan and the results of the public
involvement effort to the MBRT for review and approval.
F. Gain approval of Environmental Clearance Documentation for
mitigation bank development from FHWA and PennDOT Central Office.
G. Secure legal interest in the site sufficient to protect the site
in perpetuity. Such legal interest may be either in the form of fee-
simple interest or a permanent conservation easement.
H. Conduct final site design as necessary.
I. Prepare and submit to the MBRT for review and approval the final
Development Plan. In addition to including all data in the draft
Development Plan it should include:
1. Project goals and objectives including anticipated benefits to the
service area,
2. Plans, specifications and estimates for construction including
excavation, grading, hydrologic alteration, soil and planting issues as
appropriate,
3. Proposed maintenance program,
4. Proposed monitoring protocol,
5. Anticipated final credit accrual,
6. Any site specific accounting procedures,
7. A closure plan, and
8. Any refinements to the data presented in the draft Development Plan
J. Obtain all needed contracts and permits.
K. Ensure that an individual technically competent in the
construction of compensatory mitigation sites is present during
construction.
L. Construct the site.
M. Submit as-built plans including vegetative plantings to the
MBRT.
IV. Procedures for the Administrative Operation of a Mitigation
Bank
A. Establishment of Credits and Timing of Withdrawals
1. Establishment of credits at a wetland bank will be based on the
use of an appropriate functional assessment methodology as adopted in
the Development Plan. If an appropriate functional assessment
methodology is
[[Page 20244]]
impracticable to employ, acreage may be used as a surrogate for
measuring function for the determination of credits.
2. When using a functional assessment methodology to establish
credits, credits will be based on the net functional increase over
baseline conditions and the area over which such increase has occurred
at the time of debiting.
3. When using acreage and classification as the basis for
establishing credits, credits resulting from wetland restoration or
creation will be established at a rate of one credit per acre per type.
Credits from wetland enhancement or preservation will be accrued at a
rate based on acreage and type established by the MBRT in advance of
construction and specific to the bank's development plan and
compensatory mitigation techniques used.
4. Upon completion of construction and submission of the as-built
plans to the MBRT as required in Section III. M., ten percent of the
anticipated final credits of the bank will be immediately available for
transfer.
5. Periodically following construction, upon request of the Sponsor
or a permitting agency, the MBRT will review the monitoring data and
establish the new total of credits available for transfer. This
crediting process will be based on the site's demonstrated progress
toward the project goals as established in the development plan. This
process will be continued until the bank site is closed. Final credit
accrual may exceed the amount anticipated in the original development
plan when a site exceeds the project goals as established in that
development plan.
6. So long as site conditions are maintained in accordance with the
project goals as established in the development plan, credits remain
valid. There is no date of expiration beyond which accrued credits are
discounted due to lack of debiting.
B. Transferring Credits and Accounting Procedures
1. The Sponsor may transfer credits to any participant specifically
defined in this agreement for the purposes of the participant's permit
compliance.
2. The Sponsor will determine the conditions of credit transfer to
the participant. The Sponsor retains the right to deny the transfer of
credits to any potential participant outside of the Pennsylvania
Department of Transportation.
3. The Sponsor will provide documentation of the transfer of
credits to a participant.
4. The Sponsor will enter the details of credit transfer
(participant, number and type of credits transferred, date, and
remaining bank credit balance) into the accounting record.
5. When PennDOT is the participant, it will provide mitigation for
impacts less than 0.05 acres at a 1:1 ratio through the transfer of
bank credits when the impact occurs in the service area of a bank
having available credits.
6. Except as provided for in IV.B.5, ratios for the bank debiting
to provide compensatory mitigation will be determined during the permit
review process.
7. The Sponsor will submit to the MBRT a yearly summary of all
credit transfers from banks operational in that year.
V. Procedures for the Physical Operation of a Mitigation Bank
A. Monitoring
The Sponsor will monitor the mitigation bank in accordance with the
protocol established in the Development Plan and provide a yearly
report of such monitoring to the MBRT. Such monitoring and reporting
will continue until bank closure.
B. Maintenance
The Sponsor will maintain the site until bank closure to promote
the attainment of project goals in accordance with the Development
Plan. Following bank closure, the Sponsor will maintain the mitigation
bank as directed by the Permitting Agencies.
C. Remediation
Once credits are transferred from a bank, the Sponsor is
responsible for preserving the performance of project goals and
objectives that caused such credits to accrue. The Sponsor shall take
all appropriate and practicable measures to ensure this preservation.
These measures may include remediation at the bank; wetland
restoration, creation, enhancement or preservation at a new location;
or other efforts as directed by the permitting agencies.
D. Closure
The bank will be considered closed after the longer period of the
following: (a) the monitoring program set forth in the Development Plan
is complete, or, (b) when the Sponsor requests and the MBRT approves
closure. Following closure, and as provided for by regulation, the
Sponsor continues to hold the responsibility to maintain the site as a
wetland in perpetuity, except as provided for in Section V. E. below.
Routine maintenance and monitoring will not be required after closure.
However, as appropriate and practicable, the Permitting Agencies may
direct the performance of specific maintenance or remediation efforts.
E. Transfer of Legal Interest
Upon bank closure, the Sponsor may propose, and the MBRT may
approve, the transfer of legal interest in the site to any public or
private entity so long as the site will continue to be protected in
perpetuity. The proposal for transfer of interest must specifically
stipulate which responsibilities of sponsorship are to be transferred
to the entity as well as document the entity's awareness and
willingness to accept such responsibilities.
VI. Ratification, Modification, and Termination of This Agreement
Nothing in this agreement is intended to diminish, modify, or
otherwise affect the statutory or regulatory authorities of signatory
agencies.
The previously existing mitigation banking interagency agreement
between PennDOT Engineering District 9-0, the Baltimore Corps District,
the Pittsburgh Corps District, the DEP Southwest Regional Office, and
the DEP Southcentral Regional Office and the previously existing
mitigation banking interagency agreement between PennDOT Engineering
District 3-0, the Baltimore Corps District, and the DEP Northcentral
Regional Office, are hereby integrated into and superceded by this
agreement. All existing plans, permits, negotiations and approvals made
under these agreements specific to District 9-0 banks sites in Fulton,
Huntingdon, and Cambria County sites and District 3-0 bank site at the
former Hoffman Farm in Tioga County are validated under this agreement.
This agreement will take effect one (1) day after the date of the
last signature. Periodic review of this agreement by signatory agencies
will occur every five (5) years following ratification unless waived.
This agreement may be modified with the approval of all signatories.
Modifications of this agreement may be proposed by one or more
signatories. The originator(s) of the modification shall circulate such
draft modification(s) to all signatories for a sixty (60) day period of
review. Approval of the modification(s) will be indicated by written
acceptance. A signatory may terminate participation in
[[Page 20245]]
this agreement upon a ninety (90) day written notice to all other
signatories.
David C. Lawton,
Assistant Division Administrator, Federal Highway Administration,
Pennsylvania Division.
Paul Wettlaufer,
Transportation Program Manager, Regulatory Branch, U.S. Army Corps of
Engineers, Baltimore District.
[FR Doc. 00-9279 Filed 4-13-00; 8:45 am]
BILLING CODE 4910-22-P