§ 105.452. Status of prior converted cropland—statement of policy.
(a) This section sets forth the policy of the Department as to the status of prior converted cropland in this Commonwealth.
(b) The use of some procedure for determining wetlands is necessary in order to administer, implement, enforce and determine compliance with the act, The Clean Streams Law (35 P. S. § § 691.1—691.1001), the Solid Waste Management Act (35 P. S. § § 6018.101—6018.1003), the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.1—1396.31), the Pennsylvania Sewage Facilities Act (35 P. S. § § 750.1—750.20), the Oil and Gas Act (58 P. S. § § 601.101—601.605) and other applicable statutes administered by the Department and regulations promulgated under these statutes.
(c) Naturally occurring events may result in either creation or alteration of wetlands. It is necessary to determine whether alterations to an area have resulted in changes that are now ‘‘normal circumstances’’ of the particular area. The Department recognizes ‘‘prior converted cropland,’’ as defined in the National Food Security Act Manual (180-V-NFSAM, Third Edition, March 1994), as ‘‘normal circumstances’’ as the term is used in the definition of wetlands in § 105.1 (relating to definitions). These prior converted croplands are not regulated as wetlands under the Commonwealth’s Wetland Protection Program contained in this chapter. Prior converted cropland is defined in the National Food Security Act Manual, as wetlands that were drained, dredged, filled, leveled or otherwise manipulated, including the removal of woody vegetation, before December 23, 1985, and have not been abandoned, for the purpose of, or to have the effect of making the production of an agricultural commodity possible, and an agricultural commodity was planted or produced at least once prior to December 23, 1985.
(1) Abandonment is the cessation of cropping, forage production or management on prior converted cropland for 5 consecutive years, so that:
(i) Wetland criteria are met.
(ii) The area has not been enrolled in a conservation set-aside program.
(iii) The area was not enrolled in a State or Federal wetland restoration program other than the Wetland Reserve Program.
(2) Prior converted cropland may also be considered abandoned if the landowner provides written intent to abandon the area and wetland criteria are met.
(d) This policy change does not affect the exemption for plowing, cultivating, seeding and harvesting for the production of food, fiber and forest products or the waiver for maintenance of field drainage systems found at § 105.12(a)(7) and (8) (relating to waiver of permit requirements).
The provisions of this § 105.452 adopted February 2, 1996, effective February 3, 1996, 26 Pa.B. 494.
APPENDIX A
FISH ENHANCEMENT STRUCTURES;
GENERAL PERMIT BDWW-GP-1
FISH ENHANCEMENT STRUCTURES;
GENERAL PERMIT BDWW-GP-1
Editor’s Note: The following permit was published in the Pennsylvania Bulletin as a Notice and is codified under 1 Pa. Code § 3.1(a)(9) (relating to contents of Code) as a document which the Legislative Reference Bureau finds to be general and permanent in nature. See § § 105.441—105.449 (relating to general permits) for the regulations governing this permit.
Table of Contents
Instructions for Using the General Permit
Part One: Applies Specifically to BDWW-GP-1
A. General Description and Fees
B. Sites and Conditions Where this General Permit Does Not Apply
C. Definitions Applicable to this General Permit
D. Project Design and Construction Criteria
E. Cooperative Adopt-A-Stream Program—Special Procedures
F. Authority and Continuing Authorization
Part Two: Applies to BDWW-GP-1 and Other BDWW General Permits
A. Registration of Proposed Use of General Permits
B. Denial of Authorization
C. Standard Definitions for General Permits
D. Preconstruction Requirements for all Projects
E. Other Preconstruction Requirements Where Applicable
F. Standard Provisions of the General Permit
Attachments:
Drawing No. 1—Sample Location Map
Exhibit A—Offices of the Pennsylvania Fish and Boat Commission
Exhibit B—Offices of the Department of Environmental Resources
Exhibit C—County Conservation Districts
Exhibit D—Notification to Use (Registration Form)
Supplement No. 1—Request for Search of Pennsylvania Natural Diversity
Index
INSTRUCTIONS FOR USING THE GENERAL PERMIT
BDWW-GP-1
Fish Habitat Enhancement Structures
BDWW-GP-1
Fish Habitat Enhancement Structures
Prior to Registration to Use:
1. Carefully review the definitions and requirements of the General Permit (Part One and Part Two) to determine if your project can qualify for authorization under this General Permit. Refer to Part One, Section B regarding area restrictions and Part One, Section D regarding criteria. If your project cannot be authorized under the General Permit, you may request approval of an individual permit by submitting an application to the appropriate Soils and Waterways Section in the Regional Office as listed on Exhibit B.
2. Contact the Pennsylvania Fish and Boat Commission, Division of Environmental Services or Division of Property Services at address and telephone number shown on Exhibit A to select a suitable structure and obtain Pennsylvania Fish and Boat Commission approval on Exhibit D. For the Cooperative Adopt-A-Stream Program, the Pennsylvania Fish and Boat Commission will also register the use of the General Permit on behalf of the project sponsor.
3. Locate your project on a United States Geological Survey (U.S.G.S.) 7 1/2 Minute Quadrangle Map (Commonly called ‘‘topographic maps,’’ U.S.G.S. Qudarangle may be available from local merchants dealing in books, hunting supplies and camping equipment.) and prepare a project Location Map, utilizing a photocopy of the U.S.G.S. Quadrangle Map.
4. Complete the top portion of the attached Supplement No. 1 (Pennsylvania Natural Diversity Inventory Form). You will not be authorized to use the General Permit until Supplement No. 1 has been processed to check for potential impacts to rare and endangered species. Therefore, to avoid possible project delays or unnecessary design costs, you are advised to submit Supplement No. 1 for processing prior to General Permit registration. To do so, follow the written instructions on the Supplement No. 1 form. The Department will complete the bottom portion of the form and return it to you, generally within a period of 2 weeks. You must have copies of Supplement No. 1 (whether processed or not) for submission as attachments when you register to use the General Permit.
5. For any earthmoving activity (For the definition of earthmoving activity, see Part Two, Section C.) associated with your project, prepare an Erosion and Sedimentation Control Plan which must be reviewed and determined satisfactory by the County Conservation District in the county where your project is located. The required Erosion and Sedimentation Control Plan must be prepared and submitted to the Conservation District for review prior to or concurrent with your registration to use the General Permit.
The Registration Procedure:
6. Fill in all information on the Notification to Use form (Exhibit D) and make multiple copies. Send one copy each to the municipality and the county in which the project is located.
7. To register use of the General Permit, prepare a complete registration ‘‘package’’ consisting of:
—Two Copies of Notification to Use form (Exhibit D)
—Two copies of the Location Map
—Two copies of the Supplement No. 1 form
Send these items to either:
—The County Conservation District for projects located in all counties where there is a delegation agreement (see Exhibit C).
—OR—
—The Soils and Waterways Section having responsibility for the counties where there is no delegation agreement with the County Conservation District (see Exhibit B).
8. If you are also applying for an individual Water Obstruction and Encroachment Permit to authorize related work, you may register to use the General Permit in conjunction with your individual permit application. See Part Two, Section A, Item 2.
Before and During Construction:
9. Do not begin work until:
a. You have received an acknowledgement from the Soils and Waterways Section or County Conservation District that your Exhibit D notification has been received and registered.
b. Your Erosion and Sedimentation Control Plan has been reviewed and determined to be satisfactory by the County Conservation District.
c. You have notified the Pennsylvania Fish and Boat Commission and the County Conservation District 10 days prior to start of construction (see Part Two, Section D).
d. You have obtained any other Federal, State or local permits which may be required.
e. You have complied with any other applicable pre-construction requirements as listed in Part Two, Section E.
f. You have provided written notifications to the municipalities and county where the projects are located prior to the start of construction.
10. During construction of your project, you are responsible for adhering to all terms and conditions of the General Permit, including your approved Erosion and Sedimentation Control Plan and all applicable design and construction criteria in Part One, Section D.
PART ONE
A. General Description and Fees—The Department of Environmental Resources hereby authorizes, by General Permit, subject to the terms and criteria set forth, the installation, operation and maintenance of fish habitat enhancement structures in the regulated waters of this Commonwealth. There is no registration fee required for a project authorized under this General Permit.
B. Sites and Conditions Where this General Permit Does Not Apply—This General Permit does not apply and is not valid in the following sitautions. Where the General Permit is not applicable, you may request approval of an individual permit by submitting an application to the appropriate Soils and Waterways Section in the Regional Office (see Exhibit B).
1. Historic, cultural or archaeological sites as identified in the latest published version of the Pennsylvania Inventory of Historical Places or the National Register of Historical Places. This information is available from the Pennsylvania Historical and Museum Commission, Box 1026, Harrisburg, PA 17108-1026, telephone (717) 787-3362.
2. Sites identified in the latest published version of the National Registry of Natural Landmarks.
3. Construction activities in stocked trout streams from March 1 through June 15, in wild trout streams from October 1 through December 31, and in Lake Erie tributaries from March 1 through June 15 and from September 1 through December 31, unless approval is obtained from the Pennsylvania Fish and Boat Commission’s Division of Environmental Services (see Exhibit A). Stocked and wild trout stream locations are compiled by the Commission’s Division of Fisheries Management (see Exhibit A).
4. Wetlands.
5. Projects located where there would be an impact on species of special concern listed under the Endangered Species Act of 1973, the Wild Resources Conservation Act, the Fish and Boat Code or the Game and Wildlife Code. Records regarding species of special concern are maintained in a computer database called the ‘‘Pennsylvania Natural Diversity Inventory’’ (PNDI). To verify that there will be no such impacts for a specific project, the Department requires submission of the attachment Supplement No. 1 form.
6. Areas in or within 100 feet of a watercourse designated wild in the National or State Scenic Rivers system in accordance with the National Wild and Scenic Rivers Act of 1968 or the Pennsylvania Scenic Rivers Act. For details on scenic river classifications, contact the DER Pennsylvania Scenic Rivers Program, P. O. Box 8475, Harrisburg, PA 17105-8475, telephone (717) 787-2316.
C. Definitions Applicable to this General Permit—The following words and terms, when used in this General Permit, have the following meanings:
Fish Habitat Enhancement Structures—Structures consisting of deflectors, low flow channel structures, channel blocks, mud sills, boulders, felled shoreline trees, special tire structures, brush structures, rubble reefs, half-log structures, elevated boulder structures and spawning/nursery structures placed in streams, lakes, ponds or reservoirs as developed and approved by the Pennsylvania Fish and Boat Commission.
Reservoir—A natural or artificial basin which contains or will contain the water or other fluid or semifluid impounded by a dam.
D. Project Design and Construction Criteria
1. Pennsylvania Fish and Boat Commission Approval—The owner must contact the Pennsylvania Fish and Boat Commission’s Division of Property Services or Division of Environmental Services (see Exhibit A) to select a Fish Habitat Enhancement Structure suitable for his individual situation and obtain the required approval of the Pennsylvania Fish and Boat Commission to install the structure as required on the Notification to Use form (Exhibit D).
2. Fish Habitat Enhancement Structures shall be designed and constructed to preclude interference with normal fish migration.
3. Stream flow will not be constructed to a degree greater than the most narrow natural point of the stream in the immediate vicinity of the work within 500 feet upstream or downstream of the project site.
4. Fish Habitat Enhancement Structures located in stream channels shall not extend more than 3 feet above the normal stream bed. Tire structures are prohibited in stream channels.
5. Any archaeological artifacts discovered during the performance of work authorized under this General Permit must be adequately protected and their discovery promptly reported to the Director, Bureau of Historic Preservation, Pennsylvania Historical and Museum Commission, P. O. Box 1026, Harrisburg, PA 17108-1026, telephone (717) 787-2891.
6. Each Fish Habitat Enhancement Structure shall be constructed in such a way so that it does not hinder recreational navigation.
7. Excess fill or excavated and dredged material from the construction of a Fish Habitat Enhancement Structure shall be deposited outside of the adjacent floodplain, wetlands and other regulated waters of this Commonwealth and stabilized immediately in accordance with the Erosion and Sedimentation Control Plan. Waste materials, scrap or excess construction materials shall be collected, stored and disposed of in accordance with the Solid Waste Management Act and related rules and regulations.
8. Fish Habitat Enhancement Structures shall be maintained in a safe and functional condition. This includes the removal of debris. Where maintenance requires excavation or dredging, an Erosion and Sedimentation Control Plan must be reviewed and determined adequate by the County Conservation District in which the activity is located. Disposal of dredged material shall be in accordance with Item 7.
9. Only a clean, nonpolluting, rock material shall be used as fill material in order to minimize excessive turbidity by leaching of fines as well as to preclude the entrance of potentially polluted materials to the watercourse by natural runoff.
10. Slag is not authorized for use under this General Permit unless it qualifies as a co-product which is suitable for the specific use.
11. Construction of a Fish Habitat Enhancement Structure shall take place during periods coinciding with low stream flows.
12. Construction and other activities authorized by this General Permit shall be performed in a manner that minimizes use of equipment within the stream channel or body of water.
13. To the greatest extent possible, the project shall be designed and constructed in a manner which will (a) prevent permanent or long-term adverse changes in water quality, (b) minimize alterations in natural aquatic habitat and (c) maintain natural stream flow velocities and mixing patterns.
E. Cooperative Adopt-A-Stream Program—Special Procedures—The Pennsylvania Fish and Boat Commission is authorized to register the use of this General Permit on behalf of sponsors and landowners who participate in the Commission’s Cooperative Adopt-A-Stream Program. To register use of the General Permit for Adopt-A-Stream projects, the Commission shall utilize a modified version of Exhibit D which has been approved by the Department and the U. S. Army Corps of Engineers. The standard attachments to Exhibit D, as specified in Part Two, Section A, are not required to register the use of this General Permit for a Cooperative Adopt-A-Stream Project.
F. Authority and Continuing Authorization—Authorization of this General Permit is under section 7 of the Dam Safety and Encroachments Act (32 P. S. § § 693.1—693.27) and the rules and regulations promulgated thereunder at 25 Pa. Code § § 105.441—105.449 (relating to general permits). This General Permit shall authorize the continued operation and maintenance of fish habitat enhancement structures previously authorized by General Permit BDWW-GP-1 (Fish Enhancement Structures) issued on July 25, 1981, and reauthorized on August 29, 1987 and October 7, 1989.
PART TWO
A. Registration of Proposed Use of General Permits
1. Standard Procedure
Prior to construction, the owner shall submit the following items to the DER Soils and Waterways Section in the appropriate Regional Office or the delegated County Conservation District where the project is located (see Exhibits B and C).
(a) Two copies of the Notification to Use form (Exhibit D), one copy with original signatures.
(b) Two copies of a location map (see Drawing No. 1).
(c) Two copies of the Supplement No. 1 form.
(d) Two copies of any other items required in the Instructions and Part One (if applicable).
The owner is required to send additional copies of Exhibit D to the municipality and the County Board of Commissioners where the project is located. Also, as part of the registration, the owner shall certify that an Erosion and Sedimentation Control Plan has been submitted for review to the County Conservation District in which the work will be performed. The owner is not authorized to use the General Permit until he has notified the DER Soils and Waterways Section of the appropriate Regional Office or the appropriate delegated County Conservation District and received an acknowledgement of that notification. The Department’s acknowledgement serves as registration to use this General Permit. The owner may not begin work until all preconstruction requirements of this General Permit have been completed.
Registration for the use of this General Permit must be sent to the County Conservation District in counties where the District has a delegation agreement with the Department of Environmental Resources. To determine whether this alternate registration procedure currently applies for your location, refer to Exhibit C and/or contact the appropriate DER Soils and Waterways Section or County Conservation District.
2. In Conjunction with a Water Obstruction and Encroachment Permit Application.
When an activity or structure authorized by the General Permit is an integral part of a larger project which requires an individual Water Obstruction and Encroachment permit, intent to use the General Permit may be registered by attaching copies of the Notification to Use form (Exhibit D) to the individual permit application, and clearly identifying, in the permit application narrative and/or on site plans, any structure or activity which will be constructed in accordance with the terms and conditions of the General Permit. The Department’s acknowledgement of the General Permit registration will be included in the individual permit, and upon issuance of the permit the owner may begin work on the structure or activity authorized by the General Permit. Where applicable, this registration procedure is preferred and recommended by the Department, because written authorization for a project can be combined into one action and the associated documentation can be maintained under a single file number.
3. In Conjunction with an Enforcement Action:
The General Permit may also be used, at the discretion of the Department, in conjunction with an enforcement action or settlement of violations, to register regulated activites conducted without prior permit or authorization.
B. Denial of Authorization—The Department shall have the discretion, on a case-by-case basis, to deny, revoke or suspend the authorization to use a General Permit for any project which the Department determines to have a substantial risk to life, health, property or the environment, or otherwise could not be adequately regulated by the provisions of this General Permit.
C. Standard Definitions for General Permits—The terms as used in this General Permit shall have the following meanings:
Body of Water—Any natural or artificial lake, pond, reservoir, swamp, marsh or wetland.
Department—The Department of Environmental Resources.
Earthmoving Activity—Any construction or other activity which disturbs the surface of the land including, but not limited to, excavations, embankments, land development, subdivision development, mineral extraction and the moving, depositing or storing of soil, rock or earth. This includes any excavation or fill within a stream channel.
Erosion and Sedimentation Control Plan—A plan which is designed to minimize accelerated erosion and sedimentation consistent with the requirements of 25 Pa. Code Chapter 102.
Floodway—The channel of the watercourse and portions of the adjoining floodplains which are reasonably required to carry and discharge the 100-year frequency flood. Unless otherwise specified, the boundary of the floodway is as indicated on maps and flood insurance studies provided by the Federal Emergency Management Administration (FEMA). In an area where no FEMA maps or studies have defined the boundary of the 100-year frequency floodway, it is assumed, absent evidence to the contrary, that the floodway extends from the stream to 50 feet from the top of the bank of the stream.
Install—To construct, deposit, place, lay or set in place.
Owner—A person who owns, controls, operates, maintains, or manages a dam or reservoir, water obstruction or encroachment.
Person—A natural person, partnership, association, corporation, public utility, municipality, municipal authority, political subdivision of the Commonwealth, receiver or trustee, and any department, board, commission or authority of the Commonwealth.
Political Subdivision—A county, city, borough, incorporated town, township, school district, authority or other governmental unit or a combination thereof acting jointly.
Regulated Waters of this Commonwealth—Watercourses, streams or bodies of water and their floodways wholly or partly within or forming part of the boundary of this Commonwealth.
Scenic Rivers—Areas in or within 100 feet of a watercourse or body of water designated a component of the Pennsylvania Scenic Rivers System in accordance with the Pennsylvania Scenic Rivers Act (P. L. 1277, Act No. 283 as amended by Act 110, May 7, 1982), or which are 1-A candidate rivers listed in the Pennsylvania Scenic Rivers Inventory.
Stocked Trout Stream—A stream classified as approved trout waters by the Pennsylvania Fish and Boat Commission. For current designations of stocked trout streams, contact the Division of Fisheries Management (see Exhibit A).
Submerged Lands of this Commonwealth—Waters and permanently or periodically inundated lands owned by the Commonwealth, including lands in the beds of navigable lakes and rivers and beds of streams declared public highways which are owned and held in trust by the Commonwealth.
Watercourse—A channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
Wetlands—Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas.
Wild Trout Stream—A stream classified as supporting naturally reproducing trout populations by the Pennsylvania Fish and Boat Commission. For current designations of wild trout streams, contact the Division of Fisheries Management (see Exhibit A).
D. Preconstruction Requirements for All Projects
1. Other Permits—Nothing in this General Permit relieves the owner of the obligation of complying with all Federal, Interstate Compact, State and local laws, regulations and standards for the construction, operation or maintenance of the project or activity. The project owner is advised that written authorization from the U. S. Army Corps of Engineers may be required for compliance with Section 404 of the Clean Water Act.
2. Erosion and Sedimentation Controls—Work must be done in compliance with Chapter 102 (relating to erosion and sediment control). Prior to construction, an Erosion and Sedimentation Control Plan must be reviewed and determined adequate by the County Conservation District in which the activities are proposed and implemented prior to, during and after construction. The County Conservation District shall be notified 10 days prior to the start of construction. The project site shall at all times be available for inspection by authorized employees of the County Conservation District. The Erosion and Sedimentation Control Plan shall be available at the site.
3. Pennsylvania Fish and Boat Commission Notification—The owners shall notify the Pennsylvania Fish and Boat Commission’s Regional Field Office Supervisor (see Exhibit A) responsible for the County where the activities are proposed 10 days prior to start of construction. Written notification is suggested. The project site shall at all times be available for inspection by authorized officers and employes of the Pennsylvania Fish and Boat Commission.
4. Notification to Operators of Public Water Facilities—Owners will investigate for drinking water intakes or reservoirs for public water supplies and permitted public bathing beaches within 5 miles downstream of the site of the project. Written notice shall be given at least 10 days prior to construction to the Department and to operators of any such intakes, beaches or reservoirs. This notification shall include expected starting and completion dates for the construction activities. Owners must notify the Department and operators immediately and no longer than 1 hour after the occurrence at the site which results in the release of suspended solids and turbidity to the stream. Public drinking water sources are listed by the DER Bureau of Water Supply and Community Health, and this information is available from each DER Regional Office.
E. Other Preconstruction Requirements Where Applicable
1. Submerged Lands of this Commonwealth—This General Permit shall not be effective to authorize any project over, across or occupying submerged lands of this Commonwealth until the owner has obtained a license from the Department authorizing the occupation of such submerged lands issued under section 15 of the Dam Safety and Encroachments Act (32 P. S. § 693.15), section 514 of the Administrative Code of 1929 (71 P. S. § 194), or other applicable laws. Upon receipt of notification from the owner, the Department will review the project to determine if its location is over, across or occupies submerged lands of the Commonwealth. If applicable, the Department will prepare a Submerged Lands License Agreement and forward same to the owner for execution prior to acknowledgement of registration to use the General Permit. No annual charge is required for facilities constructed, owned or operated by a Political Subdivision of the Commonwealth.
2. Utilization of General Permit BDWW-GP-8, Temporary Road Crossings—Temporary road crossings of streams and causeways that are necessary for equipment to move back and forth across a stream during construction of a project are authorized by, and must be constructed in accordance with BDWW-GP-8. The owners shall indicate utilization of BDWW-GP-8 on Exhibit D in the space provided. Owners constructing temporary road crossings in those areas excluded from the application of GP-8 must apply for an individual Water Obstruction and Encroachment Permit for those road crossings.
3. Use of Explosives—Prior to the use of explosives in a watercourse or body of water, the permittee shall secure a written permit from the Pennsylvania Fish and Boat Commission, under the Fish and Boat Code, Act 1980-175 Title 30 Pennsylvania Consolidated Statutes, Section 2906. Requests should be directed to the Pennsylvania Fish and Boat Commission, Division of Environmental Services (see Exhibit A).
F. Standard Provisions of the General Permit
1. Effective Time Period—This General Permit will remain in effect indefinitely unless specifically modified, suspended or revised by the Department.
2. Suspension, Modification or Revocation—The Department may suspend, modify or revoke this General Permit at any time upon notice in the Pennsylvania Bulletin.
3. Project Interference—This General Permit does not authorize any interference with any existing or proposed local, State, Federal or Federally licensed project, and permittee shall not be entitled to compensation for damage or injury to the work authorized herein which may be caused by or a result of existing or future operations undertaken by the United States or the Commonwealth of Pennsylvania or its Political Subdivisions in the public interest.
4. Department Inspection—As a condition of use of this General Permit, and of the owner’s authority to conduct the activities authorized by this General Permit, the owner hereby authorizes and consents to allow authorized employes or agents of the Department, without advance notice or a search warrant, at any reasonable time and upon presentation of appropriate credentials, and without delay, to have access to and to inspect all areas where the project is being constructed, operated or maintained. The authorization and consent shall include consent to conduct tests or sampling, to take photographs, to perform measurements, surveys and other tests, to inspect the methods of construction, operation or maintenance, to examine and copy books, papers and records pertinent to any matter under investigation, and to take any other action necessary to assure that the project is constructed, operated or maintained in accordance with the terms and criteria of the General Permit. This General Permit condition is referenced in accordance with Section 16 of the Dam Safety and Encroachments Act, 32 P. S. § 693.16, and in no way limits any other powers granted under the Dam Safety and Encroachments Act.
5. Activities Not in Accordance with the Terms or Conditions—If the Department determines, upon inspection, that the construction, operation or maintenance of a project has violated the terms or criteria of this General Permit or of the Chapter 105 Rules and Regulations, the Department may take such actions, legal or administrative, that it may deem to be appropriate.
6. Structure Removal—The owners shall remove all or any portion of this project upon written notification to the owner by the Department in the event the project is causing an adverse impact on public health, safety or the environment, or in any other manner violates the conditions of this General Permit or Chapter 105 Rules and Regulations.
7. Property Rights—This General Permit does not authorize trespassing on private property nor convey any property rights, either in real estate or material, or in any exclusive privileges; nor does it authorize any injury to property or invasion of rights or any infringement of Federal, State or local laws or regulations.
8. Water Quality Certification—The issuance of this General Permit also constitutes approval of a Water Quality Certification under section 401 of the Federal Clean Water Act (33 U.S.C.A. § 1341).
9. Other Approvals—The owners shall secure all other approvals that may be necessary under other Federal, State or local laws or regulations.
10. Change of Ownership—If there is a change in ownership of a structure installed in accordance with this General Permit, the new owner is required to register the structure with the Department in accordance with Part Two, Section A, of this General Permit. The new owner shall submit one copy of Exhibit D indicating ‘‘change of ownership’’ and one copy of a location map. Additional items required under Part Two, Section A, are not applicable if there are no proposed construction activities.
11. Signature—The Notification to Use form for registration to use the General Permit shall be signed by the property owner; the president, vice president or other responsible official of a Corporation; or the chief official for a Government Agency/Political Subdivision. An engineering consultant, contractor or similar agent is not authorized to sign the General Permit registration form on behalf of the owner.
EXHIBIT A
Offices of the Pennsylvania Fish and Boat Commission
Headquarters Address County Responsibility
Northwest Region
Regional Supervisor
P. O. Box 349
1281 Otter Street
Franklin, PA 16323
(814) 437-5774 Butler, Clarion, Crawford, Erie, Forest, Lawrence, Mercer, Venango and Warren
Southwest Region
Regional Supervisor
R. D. 2, Box 39
Somerset, PA 15501-9311
(814) 445-8974 Allegheny, Armstrong, Beaver, Cambria, Fayette, Greene, Indiana, Somerset, Washington and Westmoreland Northcentral Region
Regional Supervisor
Box 187 (Fishing Creek Road)
Lamar, PA 16848
(717) 726-6056 Cameron, Centre, Clearfield, Clinton, Elk, Jefferson, Lycoming, McKean, Potter, Snyder, Tioga and Union Southcentral Region
Regional Supervisor
1704 Pine Road
Newville, PA 17241
(717) 486-7087 Adams, Bedford, Blair, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lebanon, Mifflin, Perry and York Southeast Region
Regional Supervisor
Box 8
Elm, PA 17521
(717) 626-0228 Berks, Bucks, Chester, Delaware, Lancaster, Lehigh, Montgomery, Northampton, Philadelphia and Schuylkill Northeast Region
Regional Supervisor
Box 88
Sweet Valley, PA 18656
(717) 477-5717 Bradford, Carbon, Columbia, Lackawanna, Luzerne, Monroe, Montour, Northumberland, Pike, Sullivan, Susquehanna, Wayne and Wyoming
Offices of the Pennsylvania Fish and Boat Commission
| Headquarters Address | County Responsibility |
| Northwest Region | |
| Regional Supervisor P. O. Box 349 1281 Otter Street Franklin, PA 16323 (814) 437-5774 | Butler, Clarion, Crawford, Erie, Forest, Lawrence, Mercer, Venango and Warren |
| Southwest Region | |
| Regional Supervisor R. D. 2, Box 39 Somerset, PA 15501-9311 (814) 445-8974 | Allegheny, Armstrong, Beaver, Cambria, Fayette, Greene, Indiana, Somerset, Washington and Westmoreland |
| Northcentral Region | |
| Regional Supervisor Box 187 (Fishing Creek Road) Lamar, PA 16848 (717) 726-6056 | Cameron, Centre, Clearfield, Clinton, Elk, Jefferson, Lycoming, McKean, Potter, Snyder, Tioga and Union |
| Southcentral Region | |
| Regional Supervisor 1704 Pine Road Newville, PA 17241 (717) 486-7087 | Adams, Bedford, Blair, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lebanon, Mifflin, Perry and York |
| Southeast Region | |
| Regional Supervisor Box 8 Elm, PA 17521 (717) 626-0228 | Berks, Bucks, Chester, Delaware, Lancaster, Lehigh, Montgomery, Northampton, Philadelphia and Schuylkill |
| Northeast Region | |
| Regional Supervisor Box 88 Sweet Valley, PA 18656 (717) 477-5717 | Bradford, Carbon, Columbia, Lackawanna, Luzerne, Monroe, Montour, Northumberland, Pike, Sullivan, Susquehanna, Wayne and Wyoming |
Division of Environmental Services
450 Robinson Lane, Bellefonte, PA 16823-9620
(814) 359-5145
Division of Property Services
450 Robinson Lane, Bellefonte, PA 16823-9620
(814) 359-5149
Division of Fisheries Management
450 Robinson Lane, Bellefonte, PA 16823-9620
(814) 359-5110
EXHIBIT B
Offices of the Department of Environmental Resources
Soils and Waterways Section County Responsibility Southcentral Regional Office
Room 147, One Ararat Boulevard
Harrisburg, PA 17110
(717) 541-7901 Adams, Bedford, Berks, Blair, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lancaster, Lebanon, Mifflin, Perry and York Southeast Regional Office
Suite 6010, Lee Park
555 North Lane
Conshohocken, PA 19428
(610) 832-6130 Bucks, Chester, Delaware, Montgomery and Philadelphia Southwest Regional Office
400 Waterfront Drive
Pittsburgh, PA 15222-4745
(412) 442-4000 Allegheny, Armstrong, Beaver, Cambria, Fayette, Greene, Indiana, Somerset, Washington and Westmoreland Northwest Regional Office
190 Adams Road
Jamestown, PA 16134
(412) 932-3162 Butler, Clarion, Crawford, Elk, Erie, Forest, Jefferson, Lawrence, McKean, Mercer, Venango and Warren Northeast Regional Office
Cross Valley Centre, Suite 203
667 North River Street
Plains, PA 18705-1099
(717) 826-5485 Carbon, Lackawanna, Lehigh, Luzerne, Monroe, Northampton, Pike, Schuylkill, Susquehanna, Wayne and Wyoming Northcentral Regional Office
200 Pine Street
Williamsport, PA 17701
(717) 327-3574 Bradford, Cameron, Centre, Clearfield, Clinton, Columbia, Lycoming, Montour, Northumberland, Potter, Snyder, Sullivan, Tioga and Union
Offices of the Department of Environmental Resources
| Soils and Waterways Section | County Responsibility |
| Southcentral Regional Office Room 147, One Ararat Boulevard Harrisburg, PA 17110 (717) 541-7901 | Adams, Bedford, Berks, Blair, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lancaster, Lebanon, Mifflin, Perry and York |
| Southeast Regional Office Suite 6010, Lee Park 555 North Lane Conshohocken, PA 19428 (610) 832-6130 | Bucks, Chester, Delaware, Montgomery and Philadelphia |
| Southwest Regional Office 400 Waterfront Drive Pittsburgh, PA 15222-4745 (412) 442-4000 | Allegheny, Armstrong, Beaver, Cambria, Fayette, Greene, Indiana, Somerset, Washington and Westmoreland |
| Northwest Regional Office 190 Adams Road Jamestown, PA 16134 (412) 932-3162 | Butler, Clarion, Crawford, Elk, Erie, Forest, Jefferson, Lawrence, McKean, Mercer, Venango and Warren |
| Northeast Regional Office Cross Valley Centre, Suite 203 667 North River Street Plains, PA 18705-1099 (717) 826-5485 | Carbon, Lackawanna, Lehigh, Luzerne, Monroe, Northampton, Pike, Schuylkill, Susquehanna, Wayne and Wyoming |
| Northcentral Regional Office 200 Pine Street Williamsport, PA 17701 (717) 327-3574 | Bradford, Cameron, Centre, Clearfield, Clinton, Columbia, Lycoming, Montour, Northumberland, Potter, Snyder, Sullivan, Tioga and Union |
Note: Registration for the use of this General Permit must be sent to the County Conservation District in some counties where the district has a delegation agreement with the Department of Environmental Resources. To determine whether this alternate registration procedure applies for your location, refer to Exhibit C and/or contact the appropriate Soils and Waterways Section or County Conservation District.
EXHIBIT C
County Conservation Districts
Conservation District Phone No. Conservation District Phone No. *Adams County 717-334-0636 Juniata County 717-436-6919 Allegheny County 412-921-1999 Lackawanna County 717-587-2607 Armstrong County 412-548-3425/3428 Lancaster County 717-299-5361 Beaver County 412-774-7090 Lawrence County 412-652-4512 Bedford County 814-623-6706/8099 Lebanon County 717-272-3377 *Berks County 215-372-4657 Lehigh County 610-820-3398 Blair County 814-696-0877 Luzerne County 717-825-1844/5 *Bradford County 717-265-5539 Lycoming County 717-326-5858 *Bucks County 610-345-7577 McKean County 814-368-9960 *Butler County 412-284-5270/5271 *Mercer County 412-662-2242 *Cambria County 814-472-5440
Ext 588 *Mifflin County 717-248-4695 Cameron County 814-486-3350 *Monroe County 717-629-3060 Carbon County 610-377-4894 Montgomery County 610-489-4506 *Centre County 814-355-6817/6818 *Montour County 717-271-1140 Chester County 610-696-5126 Northampton County 610-746-1971 Clarion County 814-226-4070 Northumberland County 717-988-4224 Clearfield County 814-765-2629 Perry County 717-582-8988 *Clinton County 717-726-3798 *Pike County 717-226-8220 Columbia County 717-784-1310 Potter County 814-274-8411 *Crawford County 814-724-1793 Schuylkill County 717-429-1744 *Cumberland County 717-249-8632 *Snyder County 717-837-0085 *Dauphin County 717-921-8100 Somerset County 814-445-4652 Delaware County 610-892-9484 Sullivan County 717-924-3983 *Elk County 814-776-5373 Susquehanna County 717-278-4600
Ext 280 *Erie County 814-796-4203 *Tioga County 717-724-4812 Fayette County 412-438-4497 *Union County 717-523-8782 Forest County 814-755-3450 *Venango County 814-432-7456 *Franklin County 717-264-8074 Warren County 814-723-7700 Fulton County 717-485-3547 Washington County 412-228-6774 Greene County 412-852-1171
Ext 319 Wayne County 717-253-0930 Huntingdon County 814-627-1627 Westmoreland County 412-837-5271 Indiana County 412-463-7702 *Wyoming County 717-836-2589 or 2993 Jefferson County 814-849-7463 York County 717-771-9430
County Conservation Districts
| Conservation District | Phone No. | Conservation District | Phone No. |
| *Adams County | 717-334-0636 | Juniata County | 717-436-6919 |
| Allegheny County | 412-921-1999 | Lackawanna County | 717-587-2607 |
| Armstrong County | 412-548-3425/3428 | Lancaster County | 717-299-5361 |
| Beaver County | 412-774-7090 | Lawrence County | 412-652-4512 |
| Bedford County | 814-623-6706/8099 | Lebanon County | 717-272-3377 |
| *Berks County | 215-372-4657 | Lehigh County | 610-820-3398 |
| Blair County | 814-696-0877 | Luzerne County | 717-825-1844/5 |
| *Bradford County | 717-265-5539 | Lycoming County | 717-326-5858 |
| *Bucks County | 610-345-7577 | McKean County | 814-368-9960 |
| *Butler County | 412-284-5270/5271 | *Mercer County | 412-662-2242 |
| *Cambria County | 814-472-5440 Ext 588 | *Mifflin County | 717-248-4695 |
| Cameron County | 814-486-3350 | *Monroe County | 717-629-3060 |
| Carbon County | 610-377-4894 | Montgomery County | 610-489-4506 |
| *Centre County | 814-355-6817/6818 | *Montour County | 717-271-1140 |
| Chester County | 610-696-5126 | Northampton County | 610-746-1971 |
| Clarion County | 814-226-4070 | Northumberland County | 717-988-4224 |
| Clearfield County | 814-765-2629 | Perry County | 717-582-8988 |
| *Clinton County | 717-726-3798 | *Pike County | 717-226-8220 |
| Columbia County | 717-784-1310 | Potter County | 814-274-8411 |
| *Crawford County | 814-724-1793 | Schuylkill County | 717-429-1744 |
| *Cumberland County | 717-249-8632 | *Snyder County | 717-837-0085 |
| *Dauphin County | 717-921-8100 | Somerset County | 814-445-4652 |
| Delaware County | 610-892-9484 | Sullivan County | 717-924-3983 |
| *Elk County | 814-776-5373 | Susquehanna County | 717-278-4600 Ext 280 |
| *Erie County | 814-796-4203 | *Tioga County | 717-724-4812 |
| Fayette County | 412-438-4497 | *Union County | 717-523-8782 |
| Forest County | 814-755-3450 | *Venango County | 814-432-7456 |
| *Franklin County | 717-264-8074 | Warren County | 814-723-7700 |
| Fulton County | 717-485-3547 | Washington County | 412-228-6774 |
| Greene County | 412-852-1171 Ext 319 | Wayne County | 717-253-0930 |
| Huntingdon County | 814-627-1627 | Westmoreland County | 412-837-5271 |
| Indiana County | 412-463-7702 | *Wyoming County | 717-836-2589 or 2993 |
| Jefferson County | 814-849-7463 | York County | 717-771-9430 |
*County Conservation Districts having delegation agreements with the Bureau of Dams, Waterways and Wetlands for general permit processing as of July 1, 1994.
The provisions of this Appendix A adopted July 24, 1981, effective July 25, 1981, 11 Pa.B. 2636; amended August 28, 1987, effective August 29, 1987, 17 Pa.B. 3569; amended October 6, 1989, effective October 7, 1989, 19 Pa.B. 4328; amended August 5, 1994, effective August 6, 1994, 24 Pa.B. 3899. Immediately preceding text appears at serial pages (162380) to (162390).
APPENDIX B
PRIVATE RECREATIONAL DOCKS; GENERAL
PERMIT BDWW-GP-2
PRIVATE RECREATIONAL DOCKS; GENERAL
PERMIT BDWW-GP-2
Editor’s Note: The following permit was published in the Pennsylvania Bulletin as a Notice and is codified under 1 Pa. Code § 3.1(a)(9) (relating to contents of Code) as a document which the Legislative Reference Bureau finds to be general and permanent in nature. See § § 105.441—105.449 (relating to general permits) for regulations governing this permit.
Table of Contents
Instructions for Using the General Permit
Part One: Applies Specifically to BDWW-GP-2
A. General Description and Fees
B. Sites and Conditions Where this General Permit Does Not Apply
C. Definitions Applicable to this General Permit
D. Project Design and Construction Criteria for Docks
E. Project Design and Construction Criteria for Boat Launching Ramps
F. Special Provisions Regarding Property Rights
G. Authority and Continuing Authorization
Part Two: Applies to BDWW-GP-2 and Other BDWW General Permits
A. Registration of Proposed Use of General Permits
B. Denial of Authorization
C. Standard Definitions for General Permits
D. Preconstruction Requirements for All Projects
E. Other Preconstruction Requirements Where Applicable
F. Standard Provisions of the General Permit
Attachments:
Drawing No. 1—Sample Location Map
Drawings No. 2 to 5—Sample Projects with Criteria
Exhibit A—Offices of the Pennsylvania Fish and Boat Commission
Exhibit B—Offices of the Department of Environmental Resources
Exhibit C—County Conservation Districts
Exhibit D—Notification to Use (Registration Form)
Supplement No. 1—Request for Search of Pennsylvania Natural Diversity Inventory (Form)
INSTRUCTIONS FOR USING THE GENERAL PERMIT
BDWW-GP-2
Small Docks and Boat Launching Ramps
BDWW-GP-2
Small Docks and Boat Launching Ramps
Prior to Registration to Use:
1. Carefully review the definitions and requirements of the General Permit (Part One and Part Two) to determine if your project can qualify for authorization under this General Permit. Refer to Part One, Section B regarding area restrictions and Part One, Sections D and E regarding criteria. If your project cannot be authorized under the General Permit, you may request approval of an individual permit by submitting an application to the appropriate Soils and Waterways Section in the Regional Office as listed on Exhibit B.
2. Locate your project on a United States Geological Survey (U.S.G.S.) 7 1/2 Minute Quadrangle Map (Commonly called ‘‘topographic maps,’’ U.S.G.S. Quadrangles may be available from local merchants dealing in books, hunting supplies and camping equipment.) and prepare a project Location Map, utilizing a photocopy of the U.S.G.S. Quadrangle Map.
3. Complete the top portion of the attached Supplement No. 1 (Pennsylvania Natural Diversity Inventory Form). You will not be authorized to use the General Permit until Supplement No. 1 has been processed to check for potential impacts to rare and endangered species. Therefore, to avoid possible project delays or unnecessary design costs, you are advised to submit Supplement No. 1 for processing prior to General Permit registration. To do so, follow the written instructions on the Supplement No. 1 form. The Department will complete the bottom portion of the form and return it to you, generally within a period of 2 weeks. You must have copies of Supplement No. 1 (whether processed or not) for submission as attachments when you register to use the General Permit.
4. Your project may also require a permit from the U. S. Army Corps of Engineers under section 404 of the Federal Clean Water Act, sections 9 and 10 of the Rivers and Harbors Act and/or section 103 of the Marine Protection, Research and Sanctuaries Act. The registration to use this State General Permit does not relieve you of the obligation to comply with, and the State is not authorized to address, these Corps of Engineers’ requirements. Therefore, in order to avoid violation of Federal statutes, please contact the appropriate U. S. Corps of Engineers District Office listed below to determine whether a Federal permit is required for your project.
Delaware River Basin
Philadelphia Dist. Corps of Engineers
Wanamaker Bldg., 100 Penn Square East
Philadelphia, PA 19107
(215) 656-6725
Lake Erie Basin
Buffalo Dist. Corps of Engineers
1776 Niagara Street
Buffalo, NY 14207-3199
(716) 879-4104
Ohio River Basin
Pittsburgh Dist. Corps of Engineers
1834 Wm. S. Morehead Federal Bldg.
1000 Liberty Avenue
Pittsburgh, PA 15222
(412) 644-6874
Susquehanna River Basin
Baltimore Dist. Corps of Engineers
P. O. Box 1715
Baltimore, MD 21203-1715
(410) 962-1846 or (717) 726-7757
5. For any earthmoving activity (For the definition of earthmoving activity, see Part Two, Section C.) associated with your project, prepare the Erosion and Sedimentation Control Plan which must be reviewed and determined satisfactory by the County Conservation District in the county where your project is located. The required Erosion and Sedimentation Control Plan must be prepared and submitted to the Conservation District for review prior to or concurrent with your registration to use the General Permit.
The Registration Procedure:
6. Fill in all information on the Notification to Use form (Exhibit D) and make multiple copies. Send one copy each to the municipality and the county in which the project is located.
7. To register use of the General Permit, prepare a complete registration ‘‘package’’ consisting of:
—Two Copies of Notification to Use form (Exhibit D)
—Two copies of the Location Map
—Two copies of the Supplement No. 1 form
Send these items to either:
—The County Conservation District for projects located in all counties where there is a delegation agreement (see Exhibit C).
—OR—
—The Soils and Waterways Section having responsibility for the counties where there is no delegation agreement with the County Conservation District (see Exhibit B).
8. If you are also applying for an Individual Water Obstruction and Encroachment Permit to authorize related work, you may register to use the General Permit in conjunction with your individual permit application. See Part Two, Section A, Item 2.
Before and During Construction:
9. Do not begin work until:
a. You have received an acknowledgement from the Soils and Waterways Section or County Conservation District that your Exhibit D notification has been received and registered.
b. Your Erosion and Sedimentation Control Plan has been reviewed and determined to be satisfactory by the County Conservation District.
c. You have notified the Pennsylvania Fish and Boat Commission and the County Conservation District 10 days prior to start of construction. (See Part Two, Section D.).
d. You have obtained any other Federal, State or local permits which may be required.
e. You have complied with any other applicable preconstruction requirements as listed in Part Two, Section E.
f. You have provided written notifications to the municipalities and county where the projects are located prior to the start of construction.
10. During construction of your project, you are responsible for adhering to all terms and conditions of the General Permit, including your approved Erosion and Sedimentation Control Plan and all applicable design and construction criteria in Part One, Sections D and E.
PART ONE
A. General Description and Fees—The Department of Environmental Resources hereby authorizes, by General Permit, subject to the terms and criteria set forth below, the installation, operation, modification and maintenance of small docks and boat launching ramps in and along the regulated waters of this Commonwealth. There is no registration fee required for a project authorized under this General Permit.
B. Sites and Conditions Where this General Permit Does Not Apply—This General Permit does not apply and is not valid in the following situations. Where the General Permit is not applicable, you may request approval of an individual permit by submitting an application to the appropriate Soils and Waterways Section in the Regional Office (see Exhibit B).
1. Historical, cultural or archaeological sites as identified in the latest published version of the Pennsylvania Inventory of Historical Places or the National Register of Historical Places. This information is available from the Pennsylvania Historical and Museum Commission, Box 1026, Harrisburg, PA 17108-1026, telephone (717) 787-3362.
2. Sites identified in the latest published version of the National Registry of Natural Landmarks.
3. Areas in or within 100 feet of a watercourse designated wild in the National or State Scenic Rivers system in accordance with the National Wild and Scenic Rivers Act of 1968 or the Pennsylvania Scenic Rivers Act. For details on scenic river classification, contact the DER Pennsylvania Scenic Rivers Program, P. O. Box 8475, Harrisburg, PA 17105-8475, telephone (717) 787-2316.
4. Construction activities in stocked trout streams from March 1 through June 15, in wild trout streams from October 1 through December 31, and in Lake Erie tributaries from March 1 through June 15 and from September 1 through December 31 unless written approval is obtained from the Pennsylvania Fish and Boat Commission’s Division of Environmental Services (see Exhibit A). Stocked and wild trout stream locations are compiled by the Commission’s Division of Fishery Management (see Exhibit A).
5. Projects located where there would be an impact on species of special concern listed under the Endangered Species Act of 1973, the Wild Resources Conservation Act, the Fish and Boat Code or the Game and Wildlife Code. Records regarding species of special concern are maintained in a computer database called the ‘‘Pennsylvania Natural Diversity Inventory’’ (PNDI). To verify that there will be no such impacts for a specific project, the Department requires submission of the attached Supplement No. 1 form.
6. Streams or waterbodies designated as Exceptional Value Waters as defined and listed in Chapter 93 (related to water quality standards).
7. Projects requiring excavation of mudflats in the tidal waters of the Delaware River.
C. Definitions Applicable to this General Permit—The following words and terms, when used in this General Permit, have the following meanings:
Boat Launching Ramp—A sloping stabilized roadway constructed in and along a stream or lake for the purpose of launching boats from vehicular trailers, including associated walkways for boarding boats and on-grade improvements for access, turning and parking.
Dredge—To remove sand, gravel, mud or other materials from the beds of regulated waters of this Commonwealth.
Fill—Sand, gravel, earth or other material placed or deposited to form an embankment or raise the elevation of the land surface. The term includes material used to replace an area with aquatic life with dry land or to change the bottom elevation of any regulated water of this Commonwealth.
Other Private and Commercial Facilities—Docks and boat launching ramps other than those defined as private recreational docks, public access facilities and public service facilities.
Private Recreational Dock—A dock utilized for private recreational purposes by the riparian land owner.
Public Access Facility—A dock or boat launching ramp for public recreational purposes when the facility is open to the general public and maintained on a nonprofit basis or for use without fee.
Public Service Facility—A dock or boat launching ramp constructed, owned or operated by a political subdivision of the Commonwealth which provides services necessary for public health and welfare, or in connection with a service for which no fees or charges other than general taxes are imposed.
Shoreline—The edge of water in a lake or other body of water at normal pool elevation; the edge of water along a waterway at the ordinary low water level.
Small Dock—A single floating, cantilevered or pile structure constructed within a waterway or other body of water and located on lands or adjacent to riparian lands which are owned or leased by the dock owner. Small docks authorized under this General Permit are classified in four categories based on the proposed use and type of ownership. These categories are (1) private recreational dock, (2) public access facility, (3) public service facility and (4) other private and commercial facilities.
D. Project Design and Construction Criteria for Docks
1. Small Docks may be constructed to any configuration but shall not exceed 750 square feet in surface area, except where other limits apply on navigable rivers of the United States and on Scenic Rivers (see items 1a and 1b which follow).
a. A Federal permit is required from the U. S. Army Corps of Engineers for small dock structures located on rivers and other waterways which are designated Navigable Waters of the United States and regulated under Section 10 of the Rivers and Harbors Act. The small dock surface area and configuration on these navigable waters must be in conformance with any applicable Section 10 permit criteria which may be more restrictive than this General Permit. Size and shape limitations may be subject to change and may vary between Corps District Offices.
b. In waterways which are part of the National or Pennsylvania Scenic Rivers System the total surface area of a small dock shall not exceed 250 square feet.
2. A small dock on a lake shall not extend more than 50 feet from the edge of normal pool elevation. In a river or other stream, a small dock shall not extend more than 20% of the width of the stream; however, it shall in no instance extend more than 100 feet from the ordinary low water mark of a stream.
3. Only one small dock shall be constructed on a given riparian parcel under this General Permit, except where the parcel is common property or where multiple parties have deeded access rights or easements. See Section F, Items 2 and 3 for specific terms regarding multiple use of this General Permit on a given riparian parcel.
4. No part of the small dock structure or associated boat mooring area may extend in front of adjacent riparian properties or otherwise interfere with access and use of the water by adjacent riparian land owners.
5. Each small dock shall be constructed in such a way that it does not hinder commercial or recreational navigation and does not interfere with normal fish migration.
6. Construction and other activities authorized by this General Permit shall be performed in a manner that minimizes use of equipment within the stream channel or body of water.
7. Construction of a small dock on a waterway shall take place during periods coinciding with lower stream flows.
8. Each small dock shall be constructed in such a way as not to obscure any navigation aids or lights for bridges in the area.
9. Small docks shall be maintained in a functional condition which includes the periodic removal of debris.
10. Maintenance dredging to restore original depths is permitted only in the mooring area for boats and is limited to 10 feet beyond the edge of the dock.
11. Dredging for construction purposes is not authorized by this General Permit.
12. This General Permit does not authorize the storage of fuel or the construction of fuel servicing facilities on the small dock.
13. This General Permit does not authorize the construction or modification of a small dock for use as a habitable structure with living facilities such as beds, bathrooms or kitchens.
14. The owner shall employ measures to prevent and control spills of fuels or lubricants into the waterway.
15. Flotation devices, if used, shall be securely fastened to the structure to prevent separation from the small dock.
16. Drums to be utilized as flotation devices that have been previously filled with another substance shall be thoroughly cleaned before use to preclude the possibility of pollution.
17. The small dock structure shall be adequately secured to the shoreline to insure the structure’s stability to withstand the effects of wind, stream flows and wave action.
18. Anchorages shall be placed so they do not accelerate erosion or cause degradation of the streambanks.
19. The placement of fill or dredged material into a watercourse, floodway or body of water is not authorized under this General Permit.
20. To the greatest extent possible, the project shall be designed and constructed in a manner which will (a) prevent permanent or long-term changes in water quality, (b) minimize alterations in natural aquatic habitat and (c) maintain natural streamflow velocities and mixing patterns.
21. Archaeological artifacts discovered during the performance of work authorized under this General Permit must be adequately protected and their discovery promptly reported to the Director, Bureau of Historic Preservation, Pennsylvania Historical and Museum Commission, P. O. Box 1026, Harrisburg, PA 17108-1026, telephone (717) 787-2891.
E. Project Design and Construction Criteria for Boat Launching Ramps
1. Boat launching ramps authorized by this General Permit are limited to a maximum width of 20 feet.
2. Boat launching ramps shall be located to minimize streambank excavation and wetland impacts. Boat launching ramps are limited to a maximum length of 100 feet measured from the top of the ramp to the shoreline.
3. Only one boat launching ramp shall be constructed on a given riparian parcel under this General Permit, except where the parcel is common property or where multiple parties have deeded access rights or easements. See Section F, Items 2 and 3 for specific terms regarding multiple use of this General Permit on a given riparian parcel.
4. Construction and other activities authorized by this General Permit shall be performed in a manner that minimizes use of equipment within the stream channel or body of water.
5. Construction of a boat launching ramp along a waterway shall take place during periods when the stream is at low flow.
6. To the greatest extent possible, the project shall be designed and constructed in a manner which will (a) prevent permanent or long-term changes in water quality, (b) minimize alterations in natural aquatic habitat and (c) maintain natural streamflow velocities and mixing patterns.
7. Where required to support boat trailers, the portion of a boat launching ramp located in a streambed or lakebed may be stabilized by clean rock and/or gravel, timber, precast concrete planks or precast concrete slabs (formed onshore and pushed or lifted in place). This stabilization of the bed surface shall be limited to the minimum length necessary for boat launching.
8. Exposed bank areas along the approach ramp shall be stabilized and protected from the erosive action of waves and stream currents.
9. For launching ramps which require associated facilities such as parking lots and turn-around driveways in the floodway along a stream, necessary regrading shall be accomplished without the addition of fill within the regulated floodway. Parking facilities shall be built on existing grade or with minimal grade changes not exceeding 12 inches. Surfaces shall be stabilized with gravel, macadam or concrete. There shall be a volume of soil material removed from the floodway equal to or greater than the volume of construction materials to be used, and there shall be no net loss of conveyance area in the floodway cross-section. Along waterways designated Exceptional Value (EV) or High Quality Waters (HQ) under Chapter 93 Rules and Regulations (relating to water quality), a 50-foot wide vegetated buffer strip is required between parking facilities and the streambank. Access roads which cross wetlands and improved parking areas in wetlands are not authorized by this General Permit.
10. Boat ramps constructed along Lake Erie shall be located near the western edge of a property to allow space to dispose future dredge material. Material from maintenance dredging of a boat ramp along the shoreline of Lake Erie shall be placed on the shoreline to the east of the removal site.
11. Archaeological artifacts discovered during the performance of work authorized under this General Permit must be adequately protected and their discovery promptly reported to the Director, Bureau of Historic Preservation, Pennsylvania Historical and Museum Commission, P. O. Box 1026, Harrisburg, PA 17108-1026, telephone (717) 787-2891.
F. Special Provisions Regarding Property Rights
1. Submerged Lands License Agreements and Fees—As explained in Part Two, Section E, Item 1 of this General Permit, a license agreement is required for projects which are located in certain waters designated navigable or public highways and which are held in trust by the Commonwealth. In accordance with Chapter 105 Rules and Regulations, a minimum annual license fee of $250 is assessed except for the following types of facilities and uses:
a. Private recreational docks constructed under a General Permit.
b. Public Access Facilities provided without charge or on a nonprofit basis.
c. Public Service Facilities provided without fees or charges.
There is no annual fee assessed for the facilities listed above. However, other types of docks or boat launching ramps will require an annual fee when located in Submerged Lands of the Commonwealth. Therefore, the user of this General Permit is required to indicate the type of structure on the Notification to Use form (Exhibit D).
2. Multiple Use of the General Permit on Common Property—An association of homeowners or similar group (association) holding title to common property with riparian rights may register to construct and maintain docks on behalf of individual members. The association shall assure that adequate spacing for mooring and access is maintained between docks. Each dock shall be registered by the association and constructed in accordance with the General Permit.
3. Use of the General Permit where Multiple Parties Hold Access Rights on Riparian Land—In areas where common use of riparian land is reserved by easement or other deed restrictions, and where there is no homeowners association or similar organization with appropriate authority, each holder (owner) of such easement or deed restriction may register and construct one dock and boat launching ramp under the authority of this General Permit. Owners are mutually responsible to assure that adequate spacing for mooring and access is maintained between structures. Registering the use of this General Permit does not grant the right to interfere with other eligible users or with the riparian rights of others. Users of this General Permit are solely responsible to mutually resolve any problems of interference or other disagreements on riparian lands where access rights are shared.
G. Authority and Continuing Authorization—Authorization of this General Permit is under section 7 of the Dam Safety and Encroachments Act (32 P. S. § 693.7) and the rules and regulations promulgated thereunder at 25 Pa. Code § § 105.441—105.449 (relating to general permits). This General Permit shall authorize the continued operation and maintenance of private recreational docks authorized by General Permit BDWM-GP-2 (Private Recreational Docks) issued on December 29, 1990.
The provisions of this Appendix B adopted December 28, 1990, effective December 29, 1990, 20 Pa.B. 6419; amended August 19, 1994, effective August 20, 1994, 24 Pa.B. 3907. Immediately preceding text appears at serial pages (162391) to (162403).
APPENDIX C
BANK REHABILITATION AND PROTECTION;
GENERAL PERMIT BDWW-GP-3
BANK REHABILITATION AND PROTECTION;
GENERAL PERMIT BDWW-GP-3
(Editor’s Note: The following permit was published in the Pennsylvania Bulletin as a Notice and is codified under 1 Pa. Code § 3.1(a)(9) (relating to contents of Code) as a document which the Legislative Reference Bureau finds to be general and permanent in nature. See § § 105.441—105.449 (relating to general permits) for regulations governing this permit.
Table of Contents
Instructions for Using the General Permit
Part One: Applies Specifically to BDWW-GP-3
A. General Description and Fees
B. Sites and Conditions Where this General Permit Does Not Apply
C. Definitions Applicable to this General Permit
D. Project Design and Construction Criteria
E. Additional Criteria for Bank Rehabilitation and Protection
F. Additional Criteria for Removal of Gravel Bars
G. Authority and Continuing Authorization
Part Two: Applies to BDWW-GP-3 and Other BDWW General Permits
A. Registration of Proposed Use of General Permits
B. Denial of Authorization
C. Standard Definitions for General Permits
D. Preconstruction Requirements for All Projects
E. Other Preconstruction Requirements Where Applicable
F. Standard Provisions of the General Permit
Attachments:
Drawing No. 1—Sample Location Map
Drawings No. 2 to 14—Sample Projects with Criteria
Exhibit A—Offices of the Pennsylvania Fish and Boat Commission
Exhibit B—Offices of the Department of Environmental Resources
Exhibit C—County Conservation Districts
Exhibit D—Notification to Use (Registration Form)
Supplement No. 1—Request for Search of Pennsylvania Natural Diversity Inventory (Form)
INSTRUCTIONS FOR USING THE GENERAL PERMIT
BDWW-GP-3
Bank Rehabilitation, Bank Protection and Gravel Bar
Removal
BDWW-GP-3
Bank Rehabilitation, Bank Protection and Gravel Bar
Removal
Prior to Registration to Use:
1. Carefully review the definitions and requirements of the General Permit (Part One and Part Two) to determine if your project can qualify for authorization under this General Permit. Refer to Part One, Section B regarding area restrictions and Part One, Sections D, E and F regarding criteria. If your project cannot be authorized under the General Permit, you may request approval of an individual permit by submitting an application to the appropriate Soils and Waterways Section in the Regional Office as listed on Exhibit B.
2. Locate your project on a United States Geological Survey (U.S.G.S.) 7 1/2 Minute Quadrangle Map (Commonly called ‘‘topographic maps,’’ U.S.G.S. Quadrangles may be available from local merchants dealing in books, hunting supplies and camping equipment.) and prepare a project Location Map, utilizing a photocopy of the U.S.G.S. Quadrangle Map.
3. Complete the top portion of the attached Supplement No. 1 (Pennsylvania Natural Diversity Inventory Form). You will not be authorized to use the General Permit until Supplement No. 1 has been processed to check for potential impacts to rare and endangered species. Therefore, to avoid possible project delays or unnecessary design costs, you are advised to submit Supplement No. 1 for processing prior to General Permit registration. To do so, follow the written instructions on the Supplement No. 1 form. The Department will complete the bottom portion of the form and return it to you, generally within a period of 2 weeks. You must have copies of Supplement No. 1 (whether processed or not) for submission as attachments when you register to use the General Permit.
4. Your project may also require a permit from the U. S. Army Corps of Engineers under section 404 of the Federal Clean Water Act, sections 9 and 10 of the Rivers and Harbors Act and/or section 103 of the Marine Protection, Research and Sanctuaries Act. The registration to use this State General Permit does not relieve you of the obligation to comply with, and the State is not authorized to address, these Corps of Engineers’ requirements. Therefore, in order to avoid violation of Federal statutes, please contact the appropriate U. S. Corps of Engineers District Office listed below to determine whether a Federal permit is required for your project.
Delaware River Basin
Philadelphia Dist. Corps of Engineers
Wanamaker Bldg., 100 Penn Square East
Philadelphia, PA 19107
(215) 656-6725
Ohio River Basin
Pittsburgh Dist. Corps of Engineers
1834 Wm. S. Morehead Federal Bldg.
1000 Liberty Avenue
Pittsburgh, PA 15222
(412) 644-6874
Lake Erie Basin
Buffalo Dist. Corps of Engineers
1776 Niagara Street
Buffalo, NY 14207-3199
(716) 879-4104
Susquehanna River Basin
Baltimore Dist. Corps of Engineers
P. O. Box 1715
Baltimore, MD 21203-1715
(410) 962-1846 or (717) 726-7757
5. For any earthmoving activity (For the definition of earthmoving activity, see Part Two, Section C.) associated with your project, prepare the Erosion and Sedimentation Control Plan which must be reviewed and determined satisfactory by the County Conservation District in the county where your project is located. The required Erosion and Sedimentation Control Plan must be prepared and submitted to the Conservation District for review prior to or concurrent with your registration to use the General Permit.
6. Take color photographs of the project area showing the scope of the project and existing condition of the bank and/or gravel bar. Prepare two sets of these photos, mount on 8 1/2"x11" pages and label each photo with a brief description of what is shown and the date photos were taken.
The Registration Procedure:
7. Fill in all information on the Notification to Use form (Exhibit D) and make multiple copies. Send one copy each to the municipality and the county in which the project is located.
8. To register use of the General Permit, prepare a complete registration ‘‘package’’ consisting of:
—Two copies of Notification to Use form (Exhibit D)
—Two copies of the Location Map
—Two copies of the Supplement No. 1 form
—Two sets of Color Photographs (mounted with dates and descriptions)
Send these items to either:
—The County Conservation District for projects located in all counties where there is a delegation agreement (See Exhibit C).
—OR—
—The Soils and Waterways Section having responsibility for the counties where there is no delegation agreement with the County Conservation District (see Exhibit B).
9. If you are also applying for an individual Water Obstruction and Encroachment Permit to authorize related work, you may register to use the General Permit in conjunction with your individual permit application (see Part Two, Section A, Item 2).
Before and During Construction:
10. Do not begin work until:
a. You have received an acknowledgement from the Soils and Waterways Section or County Conservation District that your Exhibit D notification has been received and registered.
b. Your Erosion and Sediment Control Plan has been reviewed and determined to be satisfactory by the County Conservation District.
c. You have notified the Pennsylvania Fish and Boat Commission and the County Conservation District 10 days prior to start of construction (Part Two, Section D).
d. You have obtained any other Federal, State or local permits which may be required, including written authorization from the U. S. Army Corps of Engineers for gravel bar removal.
e. You have complied with any other applicable preconstruction requirements as listed in Part Two, Section E.
f. You have provided written notifications to the municipalities and county where the projects are located prior to the start of construction.
11. During construction of your project, you are responsible for adhering to all terms and conditions of the General Permit, including your approved Erosion and Sedimentation Control Plan and all applicable design and construction criteria in Part One, Sections D, E and F.
PART ONE
A. General Description and Fees—The Department of Environmental Resources hereby authorizes, by general permit, subject to the terms and criteria set forth below, the installation, operation, modification and maintenance of bank rehabilitation and protection projects and the removal of gravel bars in and along the regulated waters of this Commonwealth. There is no registration fee required for a project authorized under this General Permit.
B. Sites and Conditions Where this General Permit Does Not Apply—This General Permit does not apply and is not valid in the following situations. Where the General Permit is not applicable, you may request approval of an individual permit by submitting an application to the appropriate Soils and Waterways Section in the Regional Office (See Exhibit B).
1. Historical, cultural or archaeological sites as identified in the latest published version of the Pennsylvania Inventory of Historical Places or the National Register of Historical Places. This information is available from the Pennsylvania Historical and Museum Commission, Box 1026, Harrisburg, PA 17108-1026, telephone (717) 787-3362.
2. Sites identified in the latest published version of the National Registry of Natural Landmarks.
3. Wetlands.
4. Construction activities in stocked trout streams from March 1 through June 15, in wild trout streams from October 1 through December 31, and in Lake Erie tributaries from March 1 through June 15 and from September 1 through December 31, unless approval is obtained from the Pennsylvania Fish and Boat Commission’s Division of Environmental Services (See Exhibit A). Stocked and wild trout stream locations are compiled by the Commission’s Division of Fisheries Management (see Exhibit A).
5. Projects involving channel relocation, channel realignment or placement of fill to construct berms of levees.
6. Any project having a scope of work which is greater in length than 500 linear feet measured along a single continuous reach of stream channel.
7. Projects involving the installation of tires for bank protection.
8. The removal of vegetated gravel bars.
9. Projects requiring excavation of mudflats in the tidal waters of the Delaware River.
10. Projects located where there would be an impact on species of special concern listed under the Endangered Species Act of 1973, the Wild Resources Conservation Act, the Fish and Boat Code or the Game and Wildlife Code. Records regarding species of special concern are maintained in a computer database called the ‘‘Pennsylvania Natural Diversity Inventory’’ (PNDI). To verify that there will be no such impacts for a specific project, the Department requires submission of the attached Supplement No. 1 form.
11. Areas in or within 100 feet of a watercourse designated wild in the National or State Scenic Rivers system in accordance with the National Wild and Scenic Rivers Act of 1968 or the Pennsylvania Scenic Rivers Act. For details on scenic river classifications, contact the DER Pennsylvania Scenic Rivers Program, P. O. Box 8475, Harrisburg, PA 17105-8475, telephone (717) 787-2316.
12. Gravel bar removal in streams or water bodies designated Exceptional Value Waters as defined and listed in Chapter 93 (related to water quality standards).
C. Definitions Applicable to this General Permit—The following words and terms, when used in this General Permit, have the following meanings:
Bank Rehabilitation and Bank Protection—To restore and/or protect the bank of a stream, lake, pond or reservoir against erosion, scour or sloughing by utilizing any of the following: slope protection, dumped rock protection, cribbing, walls, channel deflectors, vegetative stabilization techniques.
Channel Realignment—Any alteration of the stream channel alignment which involves excavation into an existing stream bank.
Concrete Rubble—Broken concrete in pieces not to exceed 5 feet in length where neither the width or thickness is less than 1/3 its length and all reinforcing is removed flush with the face of the concrete.
Dumped Rock Protection—Sound, durable stone or concrete rubble, insoluble in water and placed by dumping for the purpose of protecting against erosion, scour or sloughing of a bank. To resist transport by flowing water, National Stone Association R-7 is the minimum size rock which shall be used for dumped rock protection.
Filter Layer—Well-graded, hard, durable, non-soluble particles (free from muck, topsoil, organic matter or rubbish) or geotextile fabric, placed under slope protection to prevent the natural soil of the bank from being washed away through the slope protection layer.
Gravel Bars—Alluvial deposits in stream channels, including accumulations of gravel, glacial till, sediment, silt and flood debris, which obstruct and redirect flow, and which are thereby associated with stream bank erosion.
Riprap—A layer, facing or protective mound of stone in random size pieces, selectively placed to prevent erosion, scour or sloughing of a bank.
Slope Protection—A layer or facing of sound, durable rock or similar material (natural or manmade), insoluble in water, selectively placed by hand or machine and sized to resist transport by flowing water.
Vegetated—An area having greater than 50 percent surface coverage of persistent vegetation during the growing season (undisturbed by acts of man). Persistent vegetation is defined as having a predominance of perennial plant species with the exclusion of first year class seedlings of woody vegetation (shrubs and trees). The vegetational groupings to be considered consist of grasslikes, grasses, forbs, vines, shrubs and trees.
D. Project Design and Construction Criteria
1. The use of this General Permit is limited to activities which constitute a single, complete project in and along a continuous reach of stream channel not exceeding 500 feet in length. Multiple registration and use of this General Permit for the purpose of extending a project activity beyond the maximum length is prohibited; however, the Department will consider authorizing more extensive projects upon receipt of an application for an individual Water Obstruction and Encroachment Permit. Because this General Permit authorizes only single, complete projects, repeated projects each require a separate registration of General Permit use.
2. Construction of the bank rehabilitation, bank protection project or removal of a gravel bar should not constrict or increase the normal channel width. The configuration of the shoreline shall remain substantially the same and the work shall align smoothly with, and not project further into the channel than adjacent upstream and downstream banks. The upstream and downstream ends of a bank rehabilitation or bank protection project shall be keyed into the stream bank to ensure stability.
3. Construction and other activities authorized by this General Permit shall be performed in a manner that minimizes use of equipment within the stream channel or body of water.
4. Bank rehabilitation, bank protection and gravel bar removal shall take place during periods when the stream is at low flow.
5. To the greatest extent possible, the project shall be designed and constructed in a manner which will (a) prevent permanent or long-term adverse changes in water quality, (b) minimize alterations in natural aquatic habitat and (c) maintain natural streamflow velocities and mixing patterns.
6. The placement of fill higher than the elevation of the existing stream banks, the construction of levees, the realignment or relocation of the channel, dredging activities in water and excavation below existing water level are not authorized by this General Permit.
7. Bank rehabilitation, bank protection and gravel bar removal projects shall not extend across adjacent property lines without the written permission of all affected property owners.
8. During construction activities, all public and private property including existing vegetation, landscape features and monuments within, along and adjacent to the work area, shall be protected and preserved to the maximum degree possible. This shall include, but not be limited to, precautions taken to minimize damage, erosion, injury or destruction; prevent pollution; provide protection of all trees and other woody plants; special care being taken to protect the natural vegetation and surroundings to include all natural drainageways, ponds, lakes, wetlands, woods and fields; and storage of materials in such manner to prevent leaching which would be injurious to soils and to plants. Precautions should be taken to prevent damage to pipes, conduits and other underground structures.
9. Archaeological artifacts discovered during the performance of work authorized under this General Permit must be adequately protected and their discovery promptly reported to the Director, Bureau of Historic Preservation, Pennsylvania Historical and Museum Commission, P. O. Box 1026, Harrisburg, PA 17108-1026, telephone (717) 787-2891.
10. As part of the registration to use this General Permit, the owner shall submit duplicate sets of labeled color photographs which show the scope of the project and the existing condition of the bank to be protected and/or the gravel bar to be removed. The two sets of photographs shall be mounted on 8 1/2"x11" sheets. The date of photography and a written description of what is shown shall be provided for each photograph.
E. Additional Criteria for Bank Rehabilitation and Protection
1. Slope protection and dumped rock protection shall not exceed the placement of a maximum of 1 cubic yard per running foot below the plane of the ordinary high water mark or the high tide line (in order to be consistent with the requirements of the Corps of Engineers). Where slope protection or dumped rock protection is required to be placed in the floodway or floodplain above the plane of the ordinary high water mark or the high tide line, an additional 1 cubic yard per running foot of stream is authorized.
2. Riprap and other types of slope protection, except for vegetative stabilization and dumped stone protection, should be constructed in two layers.
(A) An outer layer of massive particles to resist the forces of moving water.
(1) The outer layer or principal protection layer should consist of well-graded particles. It is recommended that riprap slope protection shall be sized in accordance with the following Table E(2) designated Design Parameters for Riprap.
(2) The protecting layer should be placed to a minimum thickness approximately 6 inches greater than the maximum particle size, or in accordance with the following Table E(2) for riprap design.
(B) An underlying filter layer of fine material or filter fabric.
(1) Satisfactory filter materials are mixtures of gravel and clean sand with about 80% of the material ranging between 2 inches and 1/4 inch. An alternative is a commercially available geosynthetic filter fabric that will allow drainage without loss of bank material.
(2) The gravel filter layer should be placed to a thickness in accordance with the following Table E(2) for riprap design.
3. Grouting of slope protection or dumped rock protection is not authorized by this General Permit.
Table E(2). Design Parameters for Riprap
| MAXIMUM ALLOWABLE | ||||||
| STREAMFLOW | ||||||
| NATIONAL | AVERAGE | RANGE OF | RECOM- | RECOM- | VELOCITIES IN FEET PER | |
| STONE | SIZE OF | STONE | MENDED | MENDED | SECOND | |
| ASSOCIATION | STONE IN | SIZE | PLACEMENT | FILTER | 1.5 | 2 |
| NUMBER | INCHES | IN INCHES | THICKNESS | THICKNESS | HORIZONTAL | HORIZONTAL |
| IN INCHES | IN INCHES | TO 1 | TO 1 | |||
| VERTICAL | VERTICAL | |||||
| SLOPE | SLOPE | |||||
| R-4 | 6 | 3 TO 12 | 15 | 4 | 8 | 10 |
| R-5 | 9 | 5 TO 18 | 24 | 6 | 11 | 12 |
| R-6 | 12 | 7 TO 24 | 30 | 8 | 13 | 14 |
| R-7 | 15 | 12 TO 30 | 36 | 10 | 14 | 16 |
4. Only clean, nonpolluting materials shall be used for bank rehabilitation and protection projects in order to minimize excessive turbidity by leaching of fines as well as to preclude entrance of undesirable chemical constituents to the watercourse by natural runoff or leaching.
5. Slag is not authorized for use under this General Permit unless it qualifies as a co-product which is suitable for the specific use.
6. Along streams which are classified priority 1-A or designated Scenic Rivers, it is recommended that bank protection and rehabilitation projects shall maintain the natural character of the bank by incorporating vegetation (see Drawing Nos. 11, 12 and 13). However, woody vegetation shall not be incorporated in riprap protection. The use of concrete rubble for dumped rock protection is prohibited along Scenic Rivers.
7. Dumped rock protection shall have a maximum exterior slope of 1.5 horizontal to 1.0 vertical and a minimum top width of 18 inches at the top of the zone to be protected, as shown on Drawing No. 3B. No filter layer is required for dumped rock protection using well-graded rock. National Stone Association R-7 rock is the minimum rock size to be used for dumped rock protection.
8. Slope protection should not be placed with an exterior slope steeper than 1.5 horizontal to 1.0 vertical.
9. For rock riprap installations, a trench must be excavated at the toe of the slope to provide a supporting base. This trench should be extended to an elevation of at least 2 feet below the streambed level and be filled with the same material as the outer protection layer.
10. Immediately following completion of the project all disturbed slopes shall be stabilized to prevent accelerated erosion in accordance with the approved Erosion and Sedimentation Control Plan.
11. Bank rehabilitation and bank protection projects shall be maintained in a functional condition at all times. Periodic removal of debris deposited on the bank project may be necessary.
12. Each bank rehabilitation and bank protection project shall not hinder commercial or recreational navigation nor interfere with the normal migration of fish.
13. Channel deflectors may not extend from the bank into the channel a distance greater than 25% of the total channel width, and may not extend above the normal water flow a distance greater than 6 inches at the streamward tip.
14. The maximum height of a vertical wall authorized under this General Permit is 6 feet measured from the top of wall to the streambed or lakebed adjacent to the wall.
F. Additional Criteria for Removal of Gravel Bars
1. The gravel bar removal shall be completed as a single operation in as short a time period as possible. Such projects shall follow the procedures for channel restoration projects contained in Chapter 4 of the Department’s Erosion and Sediment Pollution Control Program Manual, which is available from the County Conservation District Offices.
2. Removal of a gravel bar shall be limited to periods of low flow; a gravel bar shall be removed only to a depth 6 inches above the water level at time of the project. For streams where there are periods of no flow, depth of gravel bar removal is limited to 6 inches above the elevation of the streambed so as not to disturb the existing low flow channel.
3. The equipment operator or contractor shall be informed of the conditions of this General Permit regarding gravel bar removal and shall be provided with working drawings that clearly show the limits of excavation in accordance with the criteria of this General Permit.
4. Bulldozing of the gravel bar material in or across the stream channel is prohibited. Excavation into a streambed or into a streambank adjacent to a gravel bar is prohibited.
5. Material removed from the stream channel shall be deposited outside regulated waters of the Commonwealth including the floodway and any wetlands adjacent to the project, except when the material is suitable and used for bank reconstruction. When the excavated material is to be used to rebuild opposite streambanks, the material shall be hauled (and not pushed) to the placement location.
6. Clean gravel bar material may be used only as an underlying fill or filter material to reconstruct and stabilize an adjacent streambank where the work can be performed in accordance with Part One, Section E, Item 2 of this General Permit. Gravel bar material used in this manner shall be faced with an outer layer of adequately sized slope protection. Gravel bar material which is removed shall not be used for dumped rock protection as defined in this General Permit.
7. In accordance with § 105.233 of Chapter 105 rules and regulations, the removal of sand, gravel or other minerals from submerged lands of this Commonwealth, in quantities which are commercially usable or marketable, shall require a written agreement from and royalty payments to the Commonwealth.
8. Gravel bar removal on lands owned or administered by the Commonwealth as State Parks, State Game Lands or State Forests shall require prior written approval from the administering agency.
9. Gravel bar removal may have limited long-term benefits where there is a streambank erosion problem. Therefore, the use of bank rehabilitation and bank protection measures in conjunction with gravel bar removal is recommended.
10. The owner is advised that a permit from the U. S. Army Corps of Engineers may be required for gravel bar removal projects (see Instructions, Item 4).
G. Authority and Continuing Authorization—Authorization of this General Permit is under section 7 of the Dam Safety and Encroachment Act (32 P. S. § 693.7) and the rules and regulations promulgated thereunder at 25 Pa. Code § § 105.441—105.449 (relating to general permits). This General Permit shall authorize the continued operation and maintenance of bank rehabilitation and protection authorized by General Permit BDWM-GP-3 (Bank Rehabilitation and Protection) issued on July 23, 1983, and reauthorized July 23, 1988 and August 20, 1988.
The provisions of this Appendix C adopted July 22, 1983, effective July 23, 1983, 13 Pa.B. 2290; amended July 22, 1988, effective July 23, 1988, 18 Pa.B. 3257; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3749; amended August 5, 1994, effective August 6, 1994, 24 Pa.B. 3913. Immediately preceding text appears at serial pages (162404) to (162427).
APPENDIX D
BUREAU OF DAMS AND WATERWAY
MANAGEMENT; GENERAL PERMIT
BDWM-GP-4 (INTAKE AND OUTFALL STRUCTURES)
BUREAU OF DAMS AND WATERWAY
MANAGEMENT; GENERAL PERMIT
BDWM-GP-4 (INTAKE AND OUTFALL STRUCTURES)
Editor’s Note: The following permit was published in the Pennsylvania Bulletin as a Notice and is codified under 1 Pa. Code § 3.1(a)(9) (relating to contents of Code) as a document which the Legislative Reference Bureau finds to be general and permanent in nature. See § § 105.441—105.449 (relating to general permits) for regulations governing this permit.
1. General Description and Authority—The Department of Environmental Resources hereby authorizes, by General Permit, subject to the terms and criteria set forth below, the construction, operation and maintenance of intake and outfall structures in, along, across or projecting into the regulated waters of the Commonwealth. This authorization is under section 7 of the Dam Safety and Encroachments Act (32 P. S. § 693.7) and the rules and regulations promulgated thereunder at 25 Pa. Code § § 105.441—105.449 (relating to general permits).
2. Denial of Authorization—The Department shall have the discretion, on a case-by-case basis, to deny, revoke or suspend the authorization to use this general permit for any project which the Department determines to have a substantial risk to life, property or the environment or otherwise could not be adequately regulated by the provisions of this general permit.
3. Continuing Authorization—This general permit shall authorize the continued operation and maintenance of outfall structures authorized by general permit BDWM-GP-4 (Outfall Structures) issued on February 4, 1984.
4. Definitions—The following terms as used in this General Permit shall have the following meanings:
Body of Water—Any natural or artificial lake, pond, reservoir, swamp, marsh or wetland.
Channel—The bed and banks of a natural stream and/or a man made ditch, canal or conduit which conveys storm water or waste water to a receiving stream or body of water.
Floodway—The channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the 100-year frequency flood.
Intake—The inlet of a pipe or channel conveying water from a stream or body of water.
Install—To construct, place, lay or set in place.
Outfall—The outlet of a pipe or channel discharging storm water or wastewater into a receiving stream or body of water.
Intake and Outfall Structures—Any intake or outfall in or along a stream or body of water which includes such structures as endwalls, headwalls, splash pads, riprap, ditches, conduits, diffusers and diversions.
Owner—Any person who owns, controls, operates, maintains or manages a dam or reservoir, water obstruction or encroachment.
Person—Any natural person, partnership, association, corporation, public utility, municipality, municipal authority, political subdivision of the Commonwealth, receiver or trustee and any department, board, commission or authority of the Commonwealth.
Regulated Waters of the Commonwealth—All watercourses, streams or bodies of water and their floodways wholly or partly within or forming part of the boundary of this Commonwealth.
Stocked Trout Stream—Streams classified as approved trout waters by the Pennsylvania Fish Commission. Classification may be verified by contacting the Pennsylvania Fish Commission’s Regional Office or Division of Environmental Services.
Storm Water—Flows consisting primarily of runoff resulting from a rainfall event and conveyed to a receiving stream or body of water through a pipe or channel.
Submerged Lands of This Commonwealth—All waters and permanently or periodically inundated lands owned by the Commonwealth, including all lands in the beds of navigable lakes and rivers and beds of streams declared public highways which are owned and held in trust by the Commonwealth.
Wastewater—Effluent from a sewage, industrial or water plant, conveyed through a pipe or channel for discharge into a receiving stream or body of water.
Watercourse—Any channel of conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
Wetlands—Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas. The term includes but is not limited to wetland areas listed in the State Water Plan, the United States Forest Service Wetlands Inventory of Pennsylvania, the United States Fish and Wildlife Service Wetlands Inventory Maps, and the Pennsylvania Coastal Zone Management Plan and any wetland area designated by a river basin commission or as defined in this chapter.
Wild Trout Streams—Streams classified as supporting reproducing trout populations by the Pennsylvania Fish Commission. Classification may be verified by contacting the Pennsylvania Fish Commission’s Regional Office or Division of Environmental Services.
5. Submerged Lands of This Commonwealth—This General Permit shall not be effective to authorize any project occupying submerged lands of this Commonwealth until the owner has obtained an easement, right of way, license or lease from the Department authorizing the occupation of such submerged lands issued under section 15 of the Dam Safety and Encroachments Act (32 P. S. § 693.15), section 514 of The Administrative Code of 1929 (71 P. S. § 194), or other applicable laws. Upon receipt of notification of proposed use of this general permit from the owner, the Department will review the project for submerged lands and initiate a Submerged Lands License Agreement if applicable.
6. Specific Areas Where General Permit Does Not Apply—This General Permit is not authorized in the following areas:
a. Historical, cultural or archaeological sites as identified in the latest published version of the Pennsylvania Inventory of Historical Places or the National Register of Historical Places.
b. Local historical sites officially approved or recognized by a municipality.
c. Sites identified in the latest published version of the National Registry of Natural Landmarks.
d. Areas in or within 100 feet of a watercourse or body of water designated as or nominated for a National or State Wild or Scenic River in accordance with the National Wild and Scenic Rivers Act of 1968 or the Pennsylvania Scenic Rivers Act (32 P. S. § § 820.21—820.29).
e. Wetlands.
f. These streams or water bodies specified as high-quality (HQ) or Exceptional Value (EV) in Chapter 93 (relating to water quality standards).
g. Stocked trout streams from March 1 through June 15, wild trout streams from October 1 through December 31 and Lake Erie tributaries from September 1 through December 1 unless approval is obtained from the Fish Commission’s Division of Environmental Services.
h. Areas within easement lands of any Corps of Engineers or Commonwealth of Pennsylvania constructed local flood protection projects.
7. Other Permits—Nothing in this General Permit relieves the owner(s) of the obligation of complying with all Federal, Interstate Compact and State laws, regulations and standards for the construction, operation or maintenance of the intake and outfall structure(s).
8. Notification of Proposed Use of General Permit—Prior to construction the owners shall submit Exhibit C along with the required location map to the Bureau of Dams and Waterway Management. A copy of Exhibit C shall also be sent to the municipality and county in which the work will be performed. The owner may not begin work until he has notified the Bureau of Dams and Waterway Management and received an acknowledgement of that notification.
9. Fees—There is no fee required for a project authorized under this General Permit.
10. Effective Time Period—This General Permit will remain in effect indefinitely unless specifically modified, suspended or revised by the Department.
11. Suspension, Modification or Revocation—The Department may suspend, modify or revoke this General Permit at any time upon notice in the Pennsylvania Bulletin.
12. Project Interference—This General Permit does not authorize any interference with any existing or proposed Local, State, Federal or Federally Licensed Project, and permittee shall not be entitled to compensation for damage or injury to the work authorized herein which may be caused by or a result of existing or future operations undertaken by the United States or the Commonwealth of Pennsylvania or its Political Subdivisions in the public interest.
13. Criteria
a. Each intake and outfall structure shall be constructed in such manner so that there is no interference with any navigation on the stream, migration of fish or the passage of flood flows.
b. Intake and outfall structures authorized under this General Permit shall not interfere with stream uses as designated in Chapter 93 of the Department’s Rules and Regulations.
c. Intake and outfall structures herein authorized shall be properly maintained which includes the removal of any accumulation of debris.
d. This General Permit is not to be construed as approval of discharges into the receiving stream or body of water which may require certification under section 401(a) of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)) or other relevant State Statutes.
e. This General Permit authorizes the construction only of those outfall structures having a pipe outfall 36 inches in diameter or less.
f. Intake structures shall be properly sized and located so that the intake does not violate the riparian rights of downstream users and does not substantially affect the course, current or cross section of the stream located downstream from the intake structure.
g. Intake structures shall be screened or otherwise properly designed to prevent impingement and entrainment of fish.
h. Any archaeological artifacts discovered during the performance of work authorized under this General Permit must be adequately protected and their discovery promptly reported to the Director, Bureau for Historic Preservation, Pennsylvania Historical and Museum Commission, Post Office Box 1026, Harrisburg, Pennsylvania 17120.
i. Pollution of the waterway with harmful chemicals, fuels, oils, greases, bituminous material, acid and/or other harmful or polluting materials, is prohibited.
j. Owner(s) must investigate for drinking water intakes or reservoirs for public and private water supply users downstream within 5 miles of the site of the intake or outfall structure and other users which may be affected by suspended solids and turbidity increases. Written notice shall be given at least 10 days prior to construction to operators of any such intakes or reservoirs. Owner(s) must notify public and private water supply operators immediately and no longer than 1 hour after the occurrence at the site which results in the release of suspended solids and turbidity to the stream.
k. Prior to the use of explosives in a watercourse or body of water the permittee shall secure a written permit from the Pennsylvania Fish Commission, under 30 Pa.C.S. § 2906 (relating to permits for uses of explosives). Requests should be directed to the Pennsylvania Fish Commission, Bureau of Administrative Services, Post Office Box 1673, Harrisburg, Pennsylvania 17120, (717) 657-4522.
14. Department Inspection—As a condition of use of this general permit, and of the owner’s authority to conduct the activities authorized by this general permit, the owner hereby authorizes and consents to allow authorized employes or agents of the Department, without advance notice or a search warrant, at any reasonable time and upon presentation of appropriate credentials, and without delay, to have access to and to inspect all areas where the project is being constructed, operated or maintained. The authorization and consent shall include consent to conduct tests or sampling, to take photographs, to perform measurements, surveys and other tests, to inspect the methods of construction, operation or maintainance, to examine and copy books, papers and records pertinent to any matter under investigation, and to take any other action necessary to assure that the project is constructed, operated or maintained in accordance with the terms and criteria of the general permit. This general permit condition is included under section 16 of the Dam Safety and Encroachments Act (32 P. S. § 693.16) and in no way limits any other powers granted under the Dam Safety and Encroachments Act.
15. Activities not in Accordance with the Terms or Criteria—If the department determines, upon inspection, that the construction, operation or maintenance of a project has violated the terms or criteria of this general permit or of this chapter, the Department may take such actions, legal or administrative, that it may deem to be appropriate.
16. Structure Removal—The owner(s) shall remove all or any portion of the intake or outfall structure upon written notification to the owner by the Department in the event the project is causing an adverse impact on public health, safety or the environment or in any other manner violates the conditions of this general permit or this chapter.
17. Property Rights—This General Permit does not convey any property rights, either in real estate or material, or any exclusive privileges, nor does it authorize any injury to property or invasion of rights or any infringement of Federal, State or local laws or regulations.
18. Other Approvals—The owners shall secure all other approvals that may be necessary under Federal, State or local laws or regulations.
19. Fish Commission Notification—The owners shall notify the Fish Commission’s Regional Field Office Supervisor, see Exhibit A, responsible for the County where the activities are proposed 10 days prior to start of construction. Notification by postcard is suggested. The project site shall at all times be available for inspection by authorized officers and employees of the Pennsylvania Fish Commission.
20. Erosion and Sediment Pollution Controls—Work must be done in compliance with Chapter 102 (relating to erosion and sediment control). Prior to construction an Erosion and Sediment Pollution Control Plan must be reviewed and determined adequate by the County Conservation District in which the activities are proposed and implemented prior to, during and after construction. The project site shall at all times be available for inspection by authorized employees of the County Conservation District. The Erosion and Sediment Pollution Control Plan shall be available at the site at all times.
EXHIBIT A
FISH COMMISSION’S OFFICES
Headquarters Address County Responsibility
NORTHWEST REGION
Regional Supervisor
P. O. Box 349
1281 Otter Street
Franklin, Pa. 16323
(814) 437-5774 Butler, Clarion, Crawford, Erie, Forest, Lawrence, Mercer, Venango and Warren SOUTHWEST REGION
Regional Supervisor
R. D. # 2, Box 39
Somerset, Pa. 15501-9311
(814) 445-8974 Allegheny, Armstrong, Beaver, Cambria, Fayette, Greene, Indiana, Somerset, Washington and Westmoreland NORTHCENTRAL REGION
Regional Supervisor
Box 187 (Fishing Creek Road)
Lamar, Pa. 16848
(717) 726-6056 Cameron, Centre, Clearfield, Clinton, Elk, Jefferson, Lycoming, McKean, Northumberland, Potter, Snyder, Tioga and Union SOUTHCENTRAL REGION
Regional Supervisor
1704 Pine Road
Newville, Pa. 17241
(717) 486-7087 Adams, Bedford, Blair, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lebanon, Mifflin, Perry and York SOUTHEAST REGION
Regional Supervisor
Box 8
Elm, Pa. 17521
(717) 626-0228 Berks, Bucks, Chester, Delaware, Lancaster, Lehigh, Montgomery, Northampton, Philadelphia and Schuylkill NORTHEAST REGION
Regional Supervisor
Box 88
Sweet Valley, Pa. 18656
(717) 477-5717 Bradford, Carbon, Columbia, Lackawanna, Luzerne, Monroe, Montour, Pike, Sullivan, Susquehanna, Wayne and Wyoming DIVISION OF ENVIRONMENTAL SERVICES
450 Robinson Lane
Bellefonte, Pa. 16823-9616
(814) 359-5145
FISH COMMISSION’S OFFICES
| Headquarters Address | County Responsibility |
| NORTHWEST REGION | |
| Regional Supervisor P. O. Box 349 1281 Otter Street Franklin, Pa. 16323 (814) 437-5774 | Butler, Clarion, Crawford, Erie, Forest, Lawrence, Mercer, Venango and Warren |
| SOUTHWEST REGION | |
| Regional Supervisor R. D. # 2, Box 39 Somerset, Pa. 15501-9311 (814) 445-8974 | Allegheny, Armstrong, Beaver, Cambria, Fayette, Greene, Indiana, Somerset, Washington and Westmoreland |
| NORTHCENTRAL REGION | |
| Regional Supervisor Box 187 (Fishing Creek Road) Lamar, Pa. 16848 (717) 726-6056 | Cameron, Centre, Clearfield, Clinton, Elk, Jefferson, Lycoming, McKean, Northumberland, Potter, Snyder, Tioga and Union |
| SOUTHCENTRAL REGION | |
| Regional Supervisor 1704 Pine Road Newville, Pa. 17241 (717) 486-7087 | Adams, Bedford, Blair, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lebanon, Mifflin, Perry and York |
| SOUTHEAST REGION | |
| Regional Supervisor Box 8 Elm, Pa. 17521 (717) 626-0228 | Berks, Bucks, Chester, Delaware, Lancaster, Lehigh, Montgomery, Northampton, Philadelphia and Schuylkill |
| NORTHEAST REGION | |
| Regional Supervisor Box 88 Sweet Valley, Pa. 18656 (717) 477-5717 | Bradford, Carbon, Columbia, Lackawanna, Luzerne, Monroe, Montour, Pike, Sullivan, Susquehanna, Wayne and Wyoming |
| DIVISION OF ENVIRONMENTAL SERVICES 450 Robinson Lane Bellefonte, Pa. 16823-9616 (814) 359-5145 | |
EXHIBIT B
DEPARTMENT OF ENVIRONMENTAL RESOURCES
BUREAU OF DAMS AND WATERWAY MANAGEMENT
Area Office
County Responsibility
Southcentral Area Office
Room 149, One Ararat Blvd.
P. O. Box 8554
Harrisburg, Pa. 17105-8554
(717) 541-7901 Adams, Bedford, Blair, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lancaster, Lebanon, Mifflin, Perry and York Southeast Area Office
Suite 6010, Lee Park
555 North Lane
Conshohocken, Pa. 19428
(215) 832-6340 Berks, Bucks, Carbon, Chester, Delaware, Lehigh, Northampton, Montgomery, Philadelphia and Schuylkill Southwest Area Office
482 Route 30, R. D. 1
Clinton, Pa. 15026
(412) 899-2377 Allegheny, Armstrong, Beaver, Butler, Cambria, Fayette, Greene, Indiana, Lawrence, Somerset, Washington and Westmoreland Northwest Area Office
190 Adams Road
Jamestown, Pa. 16134
(412) 932-3162 Clarion, Clearfield, Crawford, Elk, Erie, Forest, Jefferson, McKean, Mercer, Venango and Warren Northeast Area Office
Suite 203, Cross Valley Centre
667 North River Street
Plains, Pa. 18705-1099
(717) 826-5485 Bradford, Columbia, Lackawanna, Luzerne, Monroe, Pike, Sullivan, Susquehanna, Wayne and Wyoming Northcentral Area Office
200 Pine Street
Williamsport, Pa. 17701
(717) 327-3574 Cameron, Centre, Clinton, Lycoming, Montour, Northumberland, Potter, Snyder, Tioga and Union
DEPARTMENT OF ENVIRONMENTAL RESOURCES
BUREAU OF DAMS AND WATERWAY MANAGEMENT
| Area Office | County Responsibility |
| Southcentral Area Office Room 149, One Ararat Blvd. P. O. Box 8554 Harrisburg, Pa. 17105-8554 (717) 541-7901 | Adams, Bedford, Blair, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lancaster, Lebanon, Mifflin, Perry and York |
| Southeast Area Office Suite 6010, Lee Park 555 North Lane Conshohocken, Pa. 19428 (215) 832-6340 | Berks, Bucks, Carbon, Chester, Delaware, Lehigh, Northampton, Montgomery, Philadelphia and Schuylkill |
| Southwest Area Office 482 Route 30, R. D. 1 Clinton, Pa. 15026 (412) 899-2377 | Allegheny, Armstrong, Beaver, Butler, Cambria, Fayette, Greene, Indiana, Lawrence, Somerset, Washington and Westmoreland |
| Northwest Area Office 190 Adams Road Jamestown, Pa. 16134 (412) 932-3162 | Clarion, Clearfield, Crawford, Elk, Erie, Forest, Jefferson, McKean, Mercer, Venango and Warren |
| Northeast Area Office Suite 203, Cross Valley Centre 667 North River Street Plains, Pa. 18705-1099 (717) 826-5485 | Bradford, Columbia, Lackawanna, Luzerne, Monroe, Pike, Sullivan, Susquehanna, Wayne and Wyoming |
| Northcentral Area Office 200 Pine Street Williamsport, Pa. 17701 (717) 327-3574 | Cameron, Centre, Clinton, Lycoming, Montour, Northumberland, Potter, Snyder, Tioga and Union |
BUREAU OF DAMS AND WATERWAY MANAGEMENT
CENTRAL OFFICE
P. O. Box 8554
Harrisburg, Pa. 17105-8554
(717) 541-7900
CENTRAL OFFICE
P. O. Box 8554
Harrisburg, Pa. 17105-8554
(717) 541-7900
The provisions of this Appendix D adopted February 3, 1984, effective February 4, 1984, 14 Pa.B. 398; amended May 26, 1989, effective June 26, 1989, 19 Pa.B. 2281. Immediately preceding text appears at serial pages (130002) and (117751) to (117756).
APPENDIX E
UTILITY LINE STREAM CROSSINGS;
GENERAL PERMIT BDWM-GP-5
GENERAL PERMIT BDWM-GP-5
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