§ 105.13. Permit applications—information and fees.

 (a)  Application for permits under this chapter shall be submitted to the Department, in writing, upon forms provided by the Department. Applicants are encouraged to request a meeting with the Department prior to submission of their applications.

 (b)  An application for a permit under this chapter, except applications submitted by Federal, State, county or municipal agencies or a municipal authority for a dam, water obstruction or encroachment shall be accompanied by a check payable to ‘‘Commonwealth of Pennsylvania’’ in accordance with the following schedule:

   (1)  Dams.

   (2)  Water obstructions and encroachments.

 (c)  A single application may be submitted or a single permit may be issued for multiple structures and activities which are part of a single project or facility or part of related projects and facilities, located in a single county, constructed, operated or maintained by the same persons. When a single application covers multiple structures or activities other than a single structure and related maintenance dredging, the application fee shall be the sum of fees in subsection (b) for the applicable structures and activities. Stream crossings located within a single county for the installation of a public service line shall be treated as a single structure or activity but the application fee shall be the sum of fees for each stream crossing.

 (d)  An application for a permit shall be accompanied by information, maps, plans, specifications, design analyses, test reports and other data specifically required by this chapter and additional information as required by the Department to determine compliance with this chapter.

   (1)  For all permit applications, except small projects, this information shall include, but is not limited to, the following:

     (i)   A site plan. A site plan shall include:

       (A)   A complete demarcation of the floodplains and regulated waters of this Commonwealth on the site. The wetlands shall be identified and delineated in accordance with the Department’s Wetland Delineation Policy as published at §  105.451 (relating to identification and delineation of wetlands—statement of policy).

       (B)   Existing roads, utility lines, lots, other manmade structures and natural features such as contour lines and drainage patterns.

       (C)   Proposed structures or activities included in the project, which shall be identified by labeling.

       (D)   A scale of one inch equals 200 feet or larger.

       (E)   A north arrow.

       (F)   The name of the persons who prepared the plan, and the date and name of the applicants.

       (G)   A cross sectional view of the regulated waters to be impacted before and after the structure or activity is constructed.

     (ii)   A location map. The location map shall be of a scale factor of 1:24000 (standard U.S.G.S. Topographic Map). The location map shall show all natural features including the names and boundaries of regulated waters of this Commonwealth, natural areas, wildlife sanctuaries, natural landmarks, political boundaries, locations of public water supplies and other geographical or physical features including cultural, archeological and historical landmarks within 1 mile of the site. U.S.G.S. maps may be reviewed at County Conservation District Offices or obtained by writing to: United States Geological Survey Map Distribution, Box 25286 Federal Center, Denver, CO 80225.

     (iii)   Project description. A narrative of the project shall be provided which includes, but is not limited to:

       (A)   A description of the proposed structure or activity.

       (B)   The project purpose.

       (C)   The effect the project will have on public health, safety or the environment.

       (D)   A statement on water dependency. A project is water dependent when the project requires access or proximity to or siting within water to fulfill the basic purposes of the project.

     (iv)   Color photographs. Color photographs of the proposed site shall be submitted. The photos shall accurately depict the project area and provide a relative scale of the project to the surrounding area and a map showing the location and orientation of each photograph.

     (v)   Stormwater management analysis. If a watershed stormwater management plan has been prepared or adopted under the Stormwater Management Act (32 P. S. § §  680.1—680.17), an analysis of the project’s impact on the Stormwater Management Plan and a letter from the county or municipality commenting on the analysis shall be included.

     (vi)   Floodplain management analysis. If the proposed dam, water obstruction or encroachment is located within a floodway delineated on a FEMA map, include an analysis of the project’s impact on the floodway delineation and water surface profiles and a letter from the municipality commenting on the analysis.

     (vii)   Risk assessment. If the stormwater or the floodplain management analysis conducted in subparagraphs (v) and (vi) indicates increases in peak rates of runoff or flood elevations, include a description of property and land uses which may be affected and an analysis of the degree of increased risk to life, property and the environment.

     (viii)   Alternatives analysis. A detailed analysis of alternatives to the proposed action, including alternative locations, routings or designs to avoid or minimize adverse environmental impacts.

     (ix)   Mitigation plan. Actions to be taken in accordance with the definition of mitigation in this chapter.

     (x)   Impacts analysis. A detailed analysis of the potential impacts, to the extent applicable, of the proposed project on water quality, stream flow, fish and wildlife, aquatic habitat, Federal and State forests, parks, recreation, instream and downstream water uses, prime farmlands, areas or structures of historic significance, streams which are identified candidates for or are included within the Federal or State wild and scenic river systems and other relevant significant environmental factors. If a project will affect wetlands the project description shall also include:

       (A)   A narrative of the delineation process supported by the appropriate data sheets and copies of appropriate soil maps and descriptions from soil conservation service soil surveys. Soil conservation service soil surveys may be obtained from the county conservation district offices.

       (B)   An analysis of whether the wetland is exceptional value as classified in §  105.17 (relating to wetlands).

       (C)   A statement on water dependency. A project is water dependent when the project requires access or proximity to or siting within water to fulfill the basic purposes of the project.

   (2)  An application for a project which will affect less than 1 acre of wetland where the wetland is not exceptional value wetland shall also include a description of functions and values of the existing wetlands to be impacted by the project, as defined in §  105.1 (relating to definitions).

   (3)  An application for a project which may have an affect on an exceptional value wetland or on 1 or more acres of wetland shall also include an assessment of the wetland functions and values using a methodology accepted by the Department and a survey, conducted by a licensed professional land surveyor, of the wetland boundary as delineated and of the property lines of the parcel where the project is located.

 (e)  A permit application for small projects located in streams or floodplains shall be accompanied by the following information. This permit application may not be used for projects located in wetlands. If upon review the Department determines that more information is required to determine whether a small project will have an insignificant impact on safety and protection of life, health, property or the environment, the Department may require the applicant to submit additional information and processing fees required by this chapter.

   (1)  A site plan. A site plan shall include:

     (i)   The floodplains and regulated waters of this Commonwealth on the site, including wetlands, existing roads, utility lines, lots, other manmade structures, natural features such as slopes and drainage patterns, proposed structures or activities included in the project.

     (ii)   The names of the persons who prepared the plan.

     (iii)   The date and the name of applicants.

     (iv)   A north arrow.

   (2)  A cross sectional view. A cross sectional view of the affected regulated waters of this Commonwealth before and after the structure or activity is constructed.

   (3)  A location map. A map showing the geographic location of the project. U.S.G.S. topographic maps, FEMA maps or municipal maps are acceptable. FEMA and municipal maps may be obtained from local government offices. U.S.G.S. maps may be reviewed at county conservation district offices or obtained by writing to: United States Geological Survey Map Distribution, Box 25286 Federal Center, Denver, CO 80225.

   (4)  Project description. A narrative of the project shall be provided which includes, but is not limited to:

     (i)   A description of the proposed structure or activity.

     (ii)   The project purpose.

     (iii)   The effect the project will have on public health, safety or the environment.

     (iv)   The project’s need to be in or in close proximity to water.

   (5)  Color photographs. Color photographs of the proposed site shall be submitted. The photos shall accurately depict the project area and provide a relative scale of the project to the surrounding area and a map showing the location and orientation of each photograph.

 (f)  Except for small projects, an application for a permit under this chapter shall be accompanied by proof of an application for an Earth Disturbance Permit or an erosion and sedimentation control plan for activities in the stream and earthmoving activities. The plan shall conform to the requirements contained in Chapter 102 (relating to erosion and sediment control) and shall include a copy of a letter from the conservation district in the county where the project is located indicating that the district has reviewed the erosion and sediment control plan of the applicant and considered it to be satisfactory, if applicable. Earthmoving activities, including small projects, shall be conducted pursuant to an earth disturbance plan.

 (g)  An application shall be submitted by the person who owns or has primary responsibility for the proposed dam or reservoir, water obstruction or encroachment. If an application is submitted by a person with primary responsibility for the structure or activity, the owner of a dam or reservoir, water obstruction or encroachment will not thereby be relieved of legal duties or responsibilities for the structure or activity as imposed by the act or this chapter.

 (h)  An application shall be signed by the owners of the dam or reservoir, water obstruction or encroachment, or the persons exercising primary responsibility for the dam or reservoir, water obstruction or encroachment. In the case of a partnership, one or more members of the partnership authorized to sign on behalf of the entire partnership shall sign the application. In the case of a corporation, it shall be signed by the president, vice president or other responsible official empowered to sign for the corporation. In the case of a political subdivision, it shall be signed by the chief officers of the political subdivision or other responsible official empowered to sign for the political subdivision, with the seal affixed and attested by the clerk.

 (i)  Plans, specifications and reports accompanying applications for any category of dams, or for bridges and other water obstructions or encroachments which would pose a threat to human life or substantial potential risk to property shall be affixed with the seal of a registered professional engineer and a certification, signed by the registered professional engineer, which shall read as follows:

  ‘‘I (name) do hereby certify pursuant to the penalties of 18 Pa.C.S.A. Sec. 4904 to the best of my knowledge, information and belief, that the information contained in the accompanying plans, specifications and reports has been prepared in accordance with accepted engineering practice, is true and correct, and is in conformance with Chapter 105 of the rules and regulations of the Department of Environmental Resources.’’

 (j)  The Department may waive the specific information requirements of this section in writing, in the record of decision, if upon review of the permit application, the Department finds that specific information is not necessary to review the application.

   The provisions of this §  105.13 amended under the Dam Safety and Encroachments Act (32 P. S. § §  693.1–693.27); The Clean Streams Law (35 P. S. § §  691.1—691.1001); section 7 of the act of June 14, 1923 (P. L. 704, No. 294) (32 P. S. §  597); sections 514, 1901-A, 1908-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § §  194, 510-1, 510-8, 510-17 and 510-20); and the Flood Plain Management Act (32 P. S. § §  679.101—679.601).

   The provisions of this §  105.13 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843; amended October 11, 1991, effective October 12, 1991, 21 Pa.B. 4911. Immediately preceding text appears at serial pages (117647) to (117649).

   Needs Analysis

   Where the applicant failed to submit a proper alternatives/justification analysis and parking needs could have been met elsewhere, the Environmental Hearing Board concluded that petitioner did not justify the need to fill wetlands. Hatchard v. Department of Environmental Resources, 612 A.2d 621 (Pa. Cmwlth. 1992).

   This section cited in 25 Pa. Code §  105.15 (relating to environmental assessment); 25 Pa. Code §  105.81 (relating to permit applications for construction and modification of dams and reservoirs); 25 Pa. Code §  105.82 (relating to permit applications for operation and maintenance of existing dams and reservoirs); 25 Pa. Code §  105.151 (relating to permit applications for construction or modification of culverts and bridges); 25 Pa. Code §  105.152 (relating to permit applications for operation and maintenance of existing culverts and bridges); 25 Pa. Code §  105.191 (relating to permit applications for construction or modification of stream enclosures); 25 Pa. Code §  105.192 (relating to permit applications for operation and maintenance of existing stream enclosures); 25 Pa. Code §  105.231 (relating to permit applications for construction or modification of channel changes and dredging for facility construction and maintenance); 25 Pa. Code §  105.261 (relating to permit applications for construction or modification of fills, levees, floodwalls and streambank retaining devices); 25 Pa. Code §  105.262 (relating to permit applications for existing fills, levees, floodwalls and streambank retaining devices); 25 Pa. Code §  105.301 (relating to permit applications for construction or modification); 25 Pa. Code §  105.302 (relating to permit applications for existing stream crossings by pipelines for conveyance of petroleum products and gas); 25 Pa. Code §  105.331 (relating to permit applications); 25 Pa. Code §  105.371 (relating to permits: content of application); and 25 Pa. Code §  105.401 (relating to permit applications).