§ 105.451. Identification and delineation of wetlands—statement of policy.

 (a)  This section sets forth the policy of the Department as to the methodology to be used for the identification and delineation of wetlands.

 (b)  The use of some delineation method 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)  The Department adopts and incorporates by reference the 1987 Corps of Engineers Wetland Delineation Manual (Technical Report Y-87-1) along with the guidance provided by the United States Army Corps of Engineers, Major General Arthur E. Williams’ memorandum dated 6 March 1992, Clarification and Interpretation of the 1987 Manual and any subsequent changes as the methodology to be used for identifying and delineating wetlands in this Commonwealth. The 1987 Corps Wetland Delineation Manual, Publication No. ADA 176734 is available from the National Technical Information Service (NTIS), Springfield, VA 21161, or telephone: (703) 487-4650. Copies of the Supplemental Guidance issued by the Corps concerning use of the 1987 Manual, (that is, the October 7, 1991, Questions and Answers, and the March 6, 1992, Clarification and Interpretation Memorandum) as well as the Administration’s Wetlands Plan of August 24, 1993, may be obtained by contacting the regulatory branch of a local Corps District, or the EPA Wetlands Hotline at (800) 832-7828. For more information, contact Pennsylvania Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands, Post Office Box 8554, Harrisburg, Pennsylvania 17105-8554, telephone (717) 787-6827.

   The provisions of this §  105.451 adopted October 27, 1989, effective December 27, 1989, 19 Pa.B. 4612; amended February 2, 1996, effective February 3, 1996, 26 Pa.B. 494. Immediately preceding text appears at serial pages (207778) to (207781).

 (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

   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

   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

   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

 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 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

   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

   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

   (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

   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

   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)

   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

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

BUREAU OF DAMS AND WATERWAY MANAGEMENT
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

   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, the installation, operation and maintenance of utility line stream crossings of 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 § §  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. 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.

   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.

   Install—To construct, deposit, place, lay or set in place.

   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.

   Reservoir—Any basin, either natural or artificial, which contains or will contain the water or other fluid or semifluid impounded by a dam.

   Stocked Trout Stream—Streams classified as approved trout waters by the Fish Commission. Classification may be verified by contacting the Fish Commission’s Regional Office or the Division of Environmental Services.

   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.

   Utility Line—Any pipe or pipeline for the transportation of a gaseous, liquid, liquifiable or slurry substance or, any cable, conduit, line or wire for the transmission of electrical energy, telephone, telegraph, radio or television signals, including cathodic corrosion protection.

   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 adopted 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, as utilized by the Pennsylvania Coastal Zone Management Program and any wetland area designated by a river basin commission.

   Wild Trout Streams—Streams classified as supporting reproducing trout populations by the Fish Commission. Classification may be verified by contacting the Fish Commission’s Regional Office or the Division of Environmental Services.

 4. 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.

 5. Specific Areas Where General Permit Does not Apply—This general permit is not authorized in the following areas:

   a. 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.

   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. Important wetlands regulated under §  105.17 (relating to wetlands).

   f. Wetlands, greater than 10 acres in size.

   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. Reservoirs.

   i. Streams or water bodies designated as Exceptional Value Waters as defined and listed in Chapter 93 (relating to water quality standards).

 6. Other Permits—Nothing in this General Permit relieves the owners of the obligation of complying with all Federal, Interstate Compact and State laws, regulations and standards for the contruction, operation or maintenance of utility lines.

 7. Notification of Proposed Use of General Permit—Prior to construction the owners shall submit Exhibit B along with the required location map to the Bureau of Dams and Waterway Management. A copy of Exhibit ‘‘B’’ 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.

 8. Fees—There is no fee required for a project authorized under this general permit.

 9. Effective Time Period—This general permit will remain in effect indefinitely unless specifically modified, suspended or revised by the Department.

 10. Suspension, Modification or Revocation—The Department may suspend, modify or revoke this general permit at any time upon notice in the Pennsylvania Bulletin.

 11. 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, the Commonwealth of Pennsylvania or its Political Subdivisions in the public interest.

 12. Conditions

   a. The maximum size utility line allowed is 36 inches in diameter.

   b. All utility lines under streambeds shall be located such that there will be a minimum of 3 feet of cover between the top of the utility line or encasement and the lowest point in the natural contour of the streambed, unless the utility line is in rock, where a minimum cover of 1 foot shall be provided.

   c. Trenches excavated for the installation of utility lines shall be the minimum width necessary. As soon as the utility line is installed and tested to ascertain no leakage, appropriate new or previously excavated backfill material shall be placed in the trench and the area restored to its original condition and elevation and stabilized. Backfill material stored in connection with the installation must be properly retained out of the floodway so as to prevent its discharge, washings or runoff from entering the waterway prior to its placement as backfill.

   d. Adequate measures shall be used to prevent sedimentation from the trench from entering the stream.

   e. The backfilling of the trench in which the pipe will be laid shall be done so as to eliminate the formation of a permanent ridge in the streambed.

   f. 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, swamps, woods and fields; and storage of materials in such a 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.

   g. 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, Historical and Museum Commission, Post Office Box 1026, Harrisburg, Pennsylvania 17120.

   h. Owners shall investigate for drinking water intakes or reservoirs for public and private water supplies within 5 miles downstream of the crossing and written notice shall be given at least 10 days prior to construction to operators of any such intakes or reservoirs. Owners must notify public and private water supply operators immediately and no longer than 1 hour after an occurrence at the crossing site which results in the release of suspended solids and turbidity to the stream.

   i. Mats, pads or other similar devices shall be used where crossings of wetland areas by construction equipment cannot be avoided. Original grades through wetlands must be restored after trenching and backfilling. Any excess fill material must be removed from the wetland and not spread onsite. Mounding of fill material to allow for settlement in the trench will be permitted in accordance with best construction methods.

   j. Deposition of dredged or excavated materials and all earthwork operations will be carried out in such a way as to minimize erosion of the material and preclude its entering into any wetland adjacent to the utility line crossing.

   k. Utility line crossings of streams should be accomplished so that the line is at a right angle to the stream where possible, unless the crossing is installed on an existing bridge.

   l. Whenever possible, in accordance with best construction methods utility line crossings are to be made ‘‘in the dry’’ by installing sandbag and plastic dams and piping stream flow through the affected area.

   m. Prior to the use of explosives in a watercourse or body of water the permittee shall secure a written permit from the Fish Commission, under 30 Pa.C.S. §  2906 (relating to permits for use of explosives). Requests should be directed to the Fish Commission, Bureau of Administrative Services, Post Office Box 1673, Harrisburg, Pennsylvania 17120, (717) 657-4522.

 13. Pollution Incident Prevention and Mitigation—For projects constructed under the authorization of this general permit which transmit hazardous or toxic material, the owner shall take the following actions to prevent or alleviate the harm from pollution, under the requirements of Chapter 101 (Reserved):

   a. Develop and implement a Preparedness, Prevention and Contingency (PPC) Plan in accordance with Departmental guidelines. The Department reserves the right to require the PPC Plan to be revised or amended for any deficiencies subsequently identified by the Department.

   b. In the event a pollution incident occurs which causes or threatens to cause surface or groundwater pollution, the owner shall:

     (1) Promptly notify the Department by telephone of the location and nature of the danger.

     (2) Notify all known downstream users of the water.

     (3) Immediately take all necessary steps to prevent injury to property and downstream users and protect waters from pollution or danger of pollution.

     (4) Remove any contamination from affected ground or surface water to the extent required by the Department.

 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 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.

 15. 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 conditions 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 owners shall remove all or any portion of the utility line 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 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 other Federal, State or local laws or regulations, including the specific permission of owners of bridges or other structures to which the utility line may be attached.

 19. Fish Commission Notification—The owners shall notify the Fish Commission’s Regional Field Office Supervisor, 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 employes of the 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 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 employes of the County Conservation District. The Erosion and Sediment Pollution Control Plan shall be available at the site.

 21. Utilization of General Permit BDWM-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 and located adjacent to the utility line crossing are authorized by and must be constructed in accordance with BDWM-GP-8. The owners shall indicate utilization of GP-8 on Exhibit B 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 permit for those road crossings.
3/90

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 Robinson Lane Bellefonte, Pa. 16823 (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 Boulevard 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 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

   The provisions of this Appendix E adopted January 15, 1988, effective February 16, 1988, 18 Pa.B. 276.

APPENDIX F
AGRICULTURAL CROSSINGS AND
RAMPS; GENERAL PERMIT BDWM-GP-6

   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, the installation, operation and maintenance of Agricultural Crossings and Ramps in the regulated waters of the Commonwealth. This authorization is pursuant to 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 permit.

 3. Definitions—The following terms as used in this general permit shall have the following meanings.

   Agricultural ramp—The stabilization of the stream bank with stone or timber to provide protection of the stream bank from livestock and agricultural equipment use.

   Agricultural crossing—The stabilization of the bed or banks of a stream to provide protection of the bed and banks from livestock and agricultural equipment use.

   Body of water—Any natural or artificial lake, pond, reservoir, swamp, marsh or wetland.

   FEMA—The Federal Emergency Management Agency.

   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. Unless otherwise specified, the boundary of the floodway is as indicated on maps and flood insurance studies provided by 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, lay or set in place.

   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 this Commonwealth—All watercourses, streams or bodies of water and their floodways wholly or partly within or forming part of the boundary of this Commonwealth.

   Reservoir—A basin, either natural or artificial, which contains or will contain the water or other fluid or semi-fluid impounded by a dam.

   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, Division of Property Services or Division of Environmental Services.

   Submerged lands of this Commonwealth—All waters and permanently or periodically inundated lands owned by this 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.

   Watercourse—Any channel or 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 ground water 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 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, Division of Property Services or Division of Environmental Services.

 4. 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.

 5. Specific Areas Where General Permit Does Not Apply

   a. 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.

   b. Local historical site officially approved or recognized by a municipality.

   c. Sites identified in the latest published version of the National Registry of Natural Landmarks.

   d. 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 written approval is obtained from the Pennsylvania Fish Commission’s Division of Property Services or Division of Environmental Services.

   e. Wetlands except those wetlands that are immediately adjacent to or within a watercourse and are an integral part of the construction of the Agricultural Ramp or Crossing.

   f. Streams or water bodies designated as Exceptional Value Waters (EV) as defined and listed in Chapter 93 (relating to water quality standards).

 6. Other Permits—Nothing in this General Permit relieves the owners of the obligation of complying with all Federal, Interstate Compact and State laws, regulations and standards for installation, operation or maintenance of Agricultural Crossings and Ramps.

 7. Notification of Proposed Use of General Permit—Prior to construction the owner shall submit Exhibit C along with the required location map to the Bureau of Dams and Waterway Management. A copy of Exhibit C shall 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 ACKNOWLEDGEMENT OF THE NOTIFICATION.

 8. Change of Ownership—If there is a change in ownership of an agricultural crossing or ramp installed in accordance with this general permit, the new owner is required to register the structure with the Department in accordance with Item 7.

 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 License Project, and permittees 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.

 13. Conditions.

   a. The Pennsylvania Fish Commission Division of Property Services, United States Department of Agriculture Soil Conservation Service or respective County Conservation District may be able to provide technical assistance in locating appropriate sites for agricultural crossings and ramps.

   b. The agricultural crossing or ramp shall be completed within 30 days from the start of its construction. All disturbed areas shall be stabilized within 5 days.

   c. Construction of the crossing or ramp should not alter the normal channel width. The configuration of the stream bank shall remain substantially the same and the work shall blend with adjacent upstream and downstream banks.

   d. Each agricultural crossing and ramp shall be installed in such a way that it does not hinder recreational navigation nor interfere with the normal migration of fish.

   e. Written notice shall be given to operators of drinking water intakes or reservoirs for public and private water supplies and permitted public bathing beaches within 5 miles downstream of the crossing or ramp at least 10 days prior to construction of the crossing. Owner(s) must notify operators immediately and no longer than 1 hour following the release of suspended solids and turbidity to the stream due to any construction activity.

   f. Structures authorized by this general permit shall be maintained in a safe and functional condition including necessary debris removal.

   g. Only clean, nonpolluting, granular materials 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.

   h. Slag may not be used as a substitute for stone.

   i. Dredged or excavated materials may not be deposited in wetlands or within the limits of the floodway or any area affected by floods.

   j. 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 use of explosives). Requests should be directed to the Fish Commission, Division of Environmental Services (See Exhibit A).

   k. Agricultural crossings and ramps shall be installed at a right angle to the stream flow.

   l. Agricultural crossings and ramps must be keyed into the stream bank(s) or bed which may be accomplished by trenching or by machine weight running on the stone fill.

   m. Agricultural crossings and ramps should be no steeper than 4:1.

   n. Skidding of timber across ramps and crossings is prohibited.

   o. Interior stone for crossings and ramps shall be of a diameter to fill the voids that will encourage livestock use.

   p. Exterior frame stone for crossings and ramps shall be of sufficient diameter to resist transport by normal high flows and require deeper keying into the stream bank or bed.

   q. Stone placed for agricultural crossings shall not exceed 12 inches in height above the natural streambed.

   r. The placement of fill higher than the elevation of the existing stream banks, the realignment of the channel or the dredging of a watercourse is not authorized by this general permit.

   s. Grouting of stone is not authorized by this general permit.

   t. Agricultural crossings and ramps that are to be utilized by livestock shall include fencing or other barriers to direct the livestock to the crossing or ramp and to control the movement within the crossing or ramp.

   u. Roadways leading to or from an agricultural crossing or ramp that are to be constructed in wetlands are not authorized by this general permit.

   v. Archaeological artifacts discovered during the performance of the work authorized under this general permit must be adequately protected and their discovery promptly reported to the Director, Bureau of Historic Preservation, Pennsylvania Historical Museum, Post Office Box 1026, Harrisburg, Pennsylvania 17108-1026.

 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 employees or agents of the Department, without advance notice or 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.

 15. 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 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 agricultural structures 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 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.

 18. Other Approvals—The owner(s) shall secure all other approvals that may be necessary under Federal, State, or Local laws or regulations.

 19. Fish Commission Notification—The owner(s) shall notify the Pennsylvania Fish Commission’s Regional Law Enforcement 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 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 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 Sediment Pollution Control Plan shall be available at the site at all times.

 21. Utilization of General Permit BDWM-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 and located adjacent to an agricultural crossing or ramp are authorized by and must be constructed in accordance with BDWM-GP-8. The owner shall indicate utilization of GP-8 on Exhibit C in the space provided. Owners constructing temporary road crossings in those areas where GP-8 is not authorized must apply for a Water Obstruction and Encroachment Permit for those road crossings.
2/91

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	DIVISION OF PROPERTY SERVICES
450 Robinson Lane Bellefonte, Pa. 16823-9616 (814) 359-5145	450 Robinson Lane Bellefonte, Pa. 16823-9616 (814) 359-5185

EXHIBIT B
DEPARTMENT OF ENVIRONMENTAL RESOURCES
BUREAU OF DAMS AND WATERWAY MANAGEMENT

Area Office	County Responsibility
Southcentral Area Office Room 149, One Ararat Boulevard 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 R. D. # 1, 482, Route 30 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 Area Office
Northcentral Area Office 200 Pine Street Williamsport, Pa. 17701 (717) 327-3574	Cameron, Centre, Clinton, Lycoming, Montour, Northumberland, Potter, Snyder, Tioga and Union

CENTRAL OFFICE
P. O. Box 8554
Harrisburg, Pa. 17105-8554
(717) 541-7900

   The provisions of this Appendix F adopted February 8, 1991, effective February 9, 1991, 21 Pa.B. 547.

APPENDIX G
MINOR ROAD CROSSINGS; GENERAL
PERMIT BDWM-GP-7

   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, (1) the construction, operation and maintenance of a minor road crossing across wetlands which disturbs less than 0.1 acre of wetlands, (2) the construction, operation and maintenance of a minor road crossing across a stream where the watershed drainage area is 1.0 square mile or less and (3) the removal of an existing minor road crossing across a stream where the drainage area is 1.0 square mile or less. This authorization is pursuant to section 7(b) of the Dam Safety and Encroachments Act (32 P. S. §  693.7(b)) and the rules and regulations promulgated thereunder at 25 Pa. Code § §  105.441—105.449 (relating to general permits). This General Permit is subject to the terms and conditions set forth below.

 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 present a risk to life, property or the environment or otherwise would not be adequately regulated by the provisions of this General Permit.

 3. Definitions—The following terms as used in this General Permit shall have the following meaning:

   Body of water—Any natural or artificial lake, pond, reservoir, swamp, marsh or wetland.

   Bridge—A structure and its appurtenant works erected over the regulated waters of this Commonwealth.

   Causeway—A roadway embankment constructed in or across a wetland.

   Construct—To erect, build, place or deposit including preliminary preparation of a site for construction.

   Culvert—A structure with appurtenant works which carries a stream under or through an embankment or fill.

   Dredge—To remove sand, gravel, mud or other materials from the beds of regulated waters of this Commonwealth.

   Existing minor road crossing—A bridge or culvert and fill crossing of a stream where the watershed drainage area is 1.0 square mile or less.

   FEMA—The Federal Emergency Management Agency.

   Fill—Sand, gravel, earth or other material placed or deposited so as 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 a regulated water of this Commonwealth.

   Flood—A general but temporary condition of partial or complete inundation of normally dry land areas from the overflow of streams, rivers or other waters of this Commonwealth.

   Floodway—The channel of the water course and those 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 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.

   Ford—A road crossing of a stream utilizing the existing streambed.

   Maintenance dredging—Dredging conducted as part of the construction of a dam, water obstruction, or encroachment, and periodic dredging conducted in order to:

     (i)   maintain adequate depths for navigation;

     (ii)   assure proper passage of ice and flood flows; or

     (iii)   preserve the safety, stability and proper operation of the facility.

   Minor road crossing—A road constructed across a wetland where the length of the crossing is less than 100 feet and the total wetland area disturbed is less than 0.1 acre, or a road constructed across a stream and an adjacent wetland utilizing a bridge, culvert, or ford crossing where the watershed drainage area is 1.0 square mile or less and the total wetland area disturbed is less than 0.1 acre.

   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 a department, board, commission or authority of the Commonwealth.

   Regulated waters of the Commonwealth—Water courses, streams or bodies of water and their floodways wholly or partly within or forming part of the boundary of this Commonwealth.

   Replacement wetlands—Artificially created wetlands to replace those wetlands destroyed by the construction of a minor road crossing.

   Stocked trout streams—Streams classified as approved trout waters by the Pennsylvania Fish Commission. Classification shall be verified by contacting the Pennsylvania Fish Commission’s Regional Office or Division of Environmental Services (see Exhibit A).

   Stream—A watercourse.

   Stream enclosure—Any bridge, culvert or other structure in excess of 100 feet in length upstream to downstream which encloses any regulated water of this Commonwealth.

   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.

   Watershed—A region or area contributing to the supply of a stream or lake; drainage area, drainage basin or catchment area.

   Wetlands—Those areas that are inundated or saturated by surface or ground water 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, United States Forest Service Wetlands Inventory of Pennsylvania, the Pennsylvania Coastal Zone Management Plan, and any wetland area designated by a river basin commission.

   Wild trout streams—Streams classified as supporting reproducing trout populations by the Fish Commission. Classifications shall be verified by contacting the Fish Commission’s Regional Office or the Division of Environmental Services (see Exhibit A).

 4. 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.

 5. Specific Areas and Activities Where General Permit Does Not Apply—This General Permit does not apply in and is not valid in the following situations:

   a. Historic, cultural or archaeological sites as identified in the latest published version of the Pennsylvania Inventory of Historic Places or the National Register of Historic 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 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. 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 written approval is obtained from the Fish Commission’s Division of Environmental Services. (See Exhibit A).

   f. Stream enclosures.

   g. Streams or water bodies designated as exceptional value waters as defined in Chapter 93 (relating to water quality standards).

   h. Stream channel crossing(s) where the watershed drainage area upstream of the crossing is greater than 1 square mile.

   i. A stream channel and the adjoining floodplain which is delineated as a floodway on Flood Insurance Maps that are part of a Flood Insurance Study prepared by FEMA. These maps are available from the local municipality.

   j. Wetland crossings where the extent of wetland impact for an individual minor road crossing is greater than .1 acre and the cumulative wetland impact for all minor road crossings installed by an owner on an individual property or project including phased projects is greater than .25 acre. A project shall include the aggregate of all stages of development and all parcels within a subdivision plan, which are under the control of the registrant.

   k. Wetland crossings where the wetlands serve as habitat for fauna or flora listed as ‘‘threatened’’ or ‘‘endangered’’ under the Endangered Species Act of 1973, the Wild Resource Conservation Act, the Fish and Boat Code or the Game and Wildlife Code. Sites for minor road crossings may be checked through the Pennsylvania Natural Diversity Inventory by contacting the Bureau of Forestry, Division of Advisory Services, Post Office Box 8552, Harrisburg, Pennsylvania 17105-8552 or any of the offices listed on Exhibit B.

 6. Other Permits—Nothing in this General Permit relieves the owner(s) of the obligation of complying with all Federal, Interstate Compacts and State laws, regulations and standards for the construction, operation or maintenance of the minor road crossings.

 7. Registration of Proposed Use of General Permit—Prior to construction, the owner(s) shall submit Exhibit C along with the wetland delineation data forms completed in accordance with current procedures, the required location map, and a site plan showing the boundaries of the wetland delineation and the replacement wetlands to the Bureau of Dams and Waterway Management (See Exhibit B). 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. The Department’s acknowledgement letter serves as registration to use this General Permit.

 8. Change of Ownership—If there is a change in ownership of a minor road crossing installed in accordance with this General Permit, the new owner is required to register the crossing with the Department in accordance with Item 7.

 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, Commonwealth of Pennsylvania, and its Political Subdivisions in the public interest.

 13. Conditions.

   a. The construction of a minor road crossing shall be completed within 3 years of the date of the Department’s acknowledgement letter. If all construction is not completed within this time frame, the owner(s) shall remove all of the minor road crossing and restore the watercourse and floodplain to their former conditions.

   b. Minor road crossings shall not create or constitute a risk to life, property or the environment.

   c. No fill shall be placed in any floodway, watercourse, or body of water, including approaches to the minor road crossing, except as specifically authorized in this General Permit.

   d. Each minor road crossing shall be constructed in such a manner so that there is no interference with the migration of fish.

   e. Plans, specifications and reports for bridges and culverts across a stream which are to be used by the general public such as an access to an industrial, commercial or residential development, etc., shall be prepared by a registered professional engineer and shall be affixed with his seal and his certification which shall read as follows:

  ‘‘I (name) do hereby certify to the best of my knowledge, information and belief, that the information contained in the accompanying plans, specifications, and reports have been prepared in accordance with accepted engineering practice, is true and correct, and is in conformance with Chapter 105 of the Rules and Regulations of the Department of Environmental Resources.’’

   f. A project which disturbs wetlands requires (1) a wetland delineation performed in accordance with current procedures and (2) a mitigation plan prepared and affixed with a statement which shall read as follows:

  ‘‘I (name) do hereby state to the best of my knowledge, information and belief that the information contained in the plans, specifications and reports have been prepared in accordance with accepted environmental practices, is true and correct, and is in conformance with Chapter 105 of the Rules and Regulations of the Department of Environmental Resources.’’

   g. Bridges and culverts shall be of sufficient width and size so as not to narrow the existing stream channel.

   h. The crossing shall be designed to prevent the restriction of and to withstand expected high flows. Bridge and culvert crossings shall have a waterway opening sufficient to adequately discharge, at a minimum, the bank-full flow of the watercourse or stream. The waterway opening shall be large enough to minimize and confine any backwater to the owner’s property.

   i. Headwalls, wingwalls and riprap shall be installed for bridges and culverts as required to pass flood flows without loss of stability.

   j. Bridges and culverts shall not increase velocity or direct flow so as to result in erosion of stream bed and banks.

   k. Bridges and culverts shall be inspected by the owner on a regular basis to provide for continued operation and maintenance during the lifetime of the structure.

   l. Bridges and culverts shall be kept open and functioning at all times by maintaining the waterway opening free of debris and other obstructions. Maintenance shall be performed in accordance with the ‘‘Standards for Channel Cleaning at Bridges and Culverts’’. Copies of this document are available from the offices noted in Exhibit B.

   m. Approaches to bridges, culverts and fords should be constructed at original grades where possible. Where necessary, depth of fill in the approaches shall be minimized to allow overflow of the roadway during periods of high water.

   n. Bridges shall have abutments set well into the stream banks in such a manner as to assure minimal increase in flood evaluations and no encroachment into the stream.

   o. Bridges shall have abutments aligned with the flow of the stream. The use of wing walls at the upstream side of the bridge to assist in directing flood flows through the bridge opening is recommended.

   p. Bridges having piers shall be designed and constructed to offer the least obstruction to the passage of water and ice, consistent with safety.

   q. Culverts installed in stream channels shall be aligned with the stream flow.

   r. Culverts shall be installed with the invert 6 inches below natural streambed and so that the gradient of the invert shall not deviate from that of the natural streambed.

   s. The length of culverts installed shall be only that which is necessary to provide adequate road width with stable side slopes.

   t. Spacing for multiple culvert installation in a stream channel shall be in accordance with the then current manufacturer’s specifications.

   u. Depth of fill covering culverts shall not exceed the minimum cover required by the then current manufacturer’s specifications for the intended use of the crossing.

   v. The removal of existing minor road crossings shall be completed in the following manner: (1) crossing is removed in its entirety, (2) the original stream gradient is restored and (3) the stream banks are stabilized.

   w. Fords which are excavated or graded through stream banks must be properly stabilized.

   x. Crossings of wetlands shall be avoided if an alternate location is possible. If the crossing of wetlands cannot be avoided, the crossing must be undertaken at the narrowest point of the wetland and shall not exceed 100 feet in length and .1 acre of disturbance.

   y. The total wetland impact for all minor road crossings installed by an owner on an individual property or project including phased projects shall not exceed 0.25 acre. A project shall include the aggregate of all stages of development and all parcels within a subdivision plan, which are under the control of the registrant.

   z. All wetlands impacted through the use of this General Permit must be replaced adjacent to or in the immediate proximity of the minor road crossing and at a ratio of 1:1 for function, value and areal extent (acreage).

   aa. The use of this General Permit shall not prejudice any future Departmental decisions related to regulated activities on this property.

   bb. 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 Historic and Museum Commission, Post Office Box 1026, Harrisburg, Pennsylvania 17108-1026, telephone (717) 787-2891.

   cc. Owner(s) shall 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 minor road crossing. Written notice shall be given to operators of any such intakes or reservoirs or public bathing beaches at least 10 days prior to construction of the minor road crossing. Owner(s) must notify operators immediately and no longer than 1 hour after an occurrence at the crossing site which results in a release of suspended solids and turbidity to the stream.

 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 employees 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 the project is constructed, operated or maintained in accordance with the terms and conditions 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 Conditions—If the Department determines, upon inspection, that the construction, operation or maintenance of a project has violated the terms or conditions of this General Permit or this chapter, the Department may take such actions, legal or administrative, that it may deem to be appropriate, including revocation of the General Permit with regard to the violation.

 16. Structure Removal—The owner(s) shall remove all or any portion of the minor road crossing 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 owner(s) shall secure all other approvals that may be necessary under Federal, State or local laws or regulations.

 19. Fish Commission Notification—The owner(s) 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. Written notification 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 Sedimentation 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 to be 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

EXHIBIT B
DEPARTMENT OF ENVIRONMENTAL RESOURCES
BUREAU OF DAMS AND WATERWAY MANAGEMENT

Area Office	County Responsibility
Southcentral Area Office One Ararat Boulevard 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 Cross Valley Centre, Suite 203 667 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

   The provisions of this Appendix G adopted April 12, 1991, effective April 13, 1991, 21 Pa.B. 1607.

APPENDIX H
TEMPORARY ROAD CROSSINGS;
GENERAL PERMIT BDWM-GP-8

   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 temporary road crossings across regulated waters of this Commonwealth, including wetlands, where no practicable alternatives exist. This authorization is under section 7(b) of the Dam Safety and Encroachments Act (32 P. S. §  693.7(b)), and the rules and regulations promulgated thereunder at § §  105.441—105.449 (relating to general permits). This General Permit is subject to the terms and conditions set forth below.

 2. Denial of Authorization—The Department has 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 significant effect on the safety and protection of life, health, property or the environment or otherwise would not be adequately regulated by the provisions of this General Permit.

 3. Definitions—The following terms as used in this General Permit shall have the following meanings:

   Body of Water—A natural or artificial lake, pond, reservoir, swamp, marsh or wetland.

   Bridge—A single span structure erected from top of bank to top of bank carrying a temporary roadway over a stream.

   Causeway—An embankment constructed partially across or along a stream.

   Culvert—A structure with appurtenant works which carries a stream under or through an embankment or fill.

   Exceptional Value Wetlands—Wetlands as defined at §  105.17(1) (relating to wetlands).

   Ford—A road crossing of a stream utilizing the existing stream bed.

   Install—To construct, 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—Any natural person, partnership, association, corporation, public utility, municipality, municipal authority, political subdivisions of the Commonwealth, receiver or trustee and any department, board, commission or authority of the Commonwealth.

   Regulated Waters of the Commonwealth—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—A Stream classified as approved trout waters by the Fish and Boat Commission. For a list of stocked trout streams, the Fish and Boat Commission can be contacted at: Fish and Boat Commission, Bureau of Fisheries, Division of Fisheries Management, 450 Robinson Lane, Bellefonte, Pennsylvania 16823-9616.

   Stream—A watercourse.

   Temporary Road Crossing—A road installed for a period of time not to exceed 1 year across a wetland or across or along a stream utilizing a pipe culvert or a series of culverts, a bridge, a causeway or a ford.

   Watercourse—A channel or 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.

   Wild Trout Streams—A stream classified as supporting naturally reproducing trout populations by the Fish and Boat Commission. For a list of wild trout streams, the Fish and Boat Commission can be contacted at: Fish and Boat Commission, Bureau of Fisheries, Division of Fisheries Management, 450 Robinson Lane, Bellefonte, Pennsylvania 16823-9616.

 4. 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.

 5. Specific Areas Where General Permit Does Not Apply—This General Permit does not apply and is not valid in the following areas:

   a. 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.

   b. Sites identified in the latest published version of the National Registry of Natural Landmarks.

   c. 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 written approval is obtained from the Fish and Boat Commission’s Division of Environmental Services. See Exhibit A.

   d. Sites which serve as habitat for fauna or flora listed as threatened or endangered under the Endangered Species Act of 1973, the Wild Resource Conservation Act, the Fish and Boat Code or the Game and Wildlife Code. Sites may be checked through the Pennsylvania Natural Diversity Inventory by contacting the Bureau of Forestry, Division of Advisory Services, Post Office Box 8552, Harrisburg, Pennsylvania 17105-8552 or any of the offices listed on Exhibit B.

 6. Other Permits—Nothing in this General Permit relieves the owners of the obligation of complying with all Federal, Interstate Compact and State laws, regulations and standards for the construction, operation or maintenance of the temporary road crossings.

 7. Registration 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. See Exhibit B. 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.

 8. Change of Ownership—If there is a change in ownership of a temporary road crossing installed in accordance with this General Permit, the new owner is required to register the crossing with the Department in accordance with Item 7.

 9. Fees—There is no fee required for 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, the Commonwealth of Pennsylvania and its political subdivision in the public interest.

 13. Conditions.

   a. Crossings may remain installed for a period of time not to exceed 1 year from the date of the Department’s acknowledgement (Item 7) unless extended in writing by the Department.

   b. The site of a temporary crossing, except fords, shall be restored to original topography and stabilized within 5 days after termination of its intended use or at the end of the 1 year period, whichever occurs first.

   c. Fords used as temporary crossings shall have the approaches adequately blocked and stabilized to prevent future use within 5 days after termination of its intended use or at the end of the 1 year period, whichever occurs first.

   d. Roads must cross all watercourses at a right angle to the stream, unless it is physically impossible to cross at a right angle to the stream.

   e. Fords are prohibited on all streams within high quality (HQ) and exceptional value (EV) watersheds as specified in Chapter 93 (relating to water quality standards), and in watersheds tributary to drinking water intakes or reservoirs for public water supply users, where the ford is within 2,000 feet upstream of such intake or reservoir.

   f. Skidding across fords is prohibited.

   g. Whenever the streambed at the site of a ford does not have a rock bottom, a layer of clean rock must be provided. This layer of clean rock must not obstruct the stream flow. In addition, the approaches must: (1) be maintained in a firm and stable condition and (2) enter the stream on less than a 10% grade within 50 feet of the stream with the flow and (3) exit the stream against the flow on the same grade and distance limitation as specified for the entrance.

   h. Culverts must provide a waterway area sufficient to adequately discharge the normal flow of the watercourse or stream, and shall be of sufficient length to extend beyond the toe of the clean rock fill.

   i. Culverts must be installed in such manner that overtopping of the roadway will occur within the stream channel. This can be accomplished by providing a depressed roadway embankment as shown on attached Drawings No. 3 and No. 4.

   j. A culvert having as large a diameter as possible must be provided to minimize placement of excessive fill and excavation of the stream banks. If the bank height prohibits a large diameter pipe culvert, the crossing could consist of a bridge or a series of culverts. The minimum size diameter culvert to be used is 12 inches.

   k. Road crossings involving a series of pipe culverts shall be installed with a minimum spacing as specified on attached Drawing No. 4.

   l. Road and causeway embankments shall consist of only clean rock material to prevent stream channel sedimentation doing placement, removal and periods of overtopping.

   m. Bridges must be single span from top of bank to top of bank and structurally stable.

   n. Approach roads to temporary road crossings shall utilize original grades. However, clean rock material or gravel to a depth of 6 inches above original grade shall be utilized for approaches as necessary.

   o. Causeways may not extend streamward a distance greater than 1/2 the width of the stream channel.

   p. Temporary road crossings shall be kept open and functioning at all times by maintaining the crossings free of debris and other obstructions.

   q. The owner shall be responsible for any damages resulting from increased backwater caused by the temporary road crossing. The permittee shall remove the temporary road crossing in the event of high waters to prevent the increased backwater.

   r. Wetlands shall be identified and delineated in accordance with the Federal Manual for Identifying and Delineating Jurisdictional Wetlands dated 1989.

   s. Crossings of wetlands shall be avoided if an alternate location is possible. If the crossing of wetlands cannot be avoided, the crossing is permissible if it is located at the narrowest practicable point of the wetland and the length of the crossing within the wetland is less than 200 feet.

   t. The site of a wetlands crossing shall be stabilized by any appropriate means, including but not limited to, using removable, temporary mats, pads or other similar devices to insure minimization of impact on the wetlands ecology.

   u. Embankments for temporary roads across wetlands shall be installed to maintain the hydrology of the wetland.

   v. 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, Historical and Museum Commission, Post Office Box 1026, Harrisburg, Pennsylvania 17120.

   w. Pollution of the waterway with harmful chemicals, fuels, oils, greases, bituminous material, acid and/or other harmful or polluting materials, is prohibited.

   x. Owners shall investigate for drinking water intakes or reservoirs for public water supplies within 5 miles downstream of the site of the temporary road crossing. Written notice shall be given to operators of any such intakes or reservoirs at least 10 days prior to construction of the temporary road crossing. Owners must notify public water supply operators immediately and no longer than 1 hour after an occurrence at the crossing site which results in the release of suspended solids and turbidity to the stream.

   y. Access roads should not approach the stream channel directly downslope, but should traverse the slope obliquely to prevent high velocity road drainage flows from directly entering the stream channel. Road drainage shall include proper erosion and sedimentation control measures; as referred to in item 20.

 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 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 projectd is constructed, operated or maintained in accordance with the terms and conditions 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 Conditions—If the Department determines, upon inspection, that the construction, operation or maintenance of a project has violated the terms or conditions of this General Permit or this chapter, the Department may take such actions, legal or administrative, that it may deem to be appropriate, including revocation of the General Permit with regard to the violation.

 16. Structure Removal—The owners shall remove all or any portion of the temporary road crossing upon written notification to the owners 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 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 Fish and Boat 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 to be 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 employes of the County Conservation District. The Erosion and Sediment Pollution Control Plan shall be available at the site at all times.

EXHIBIT A
FISH AND BOAT 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 49 One Ararat Blvd. P. O. Box 8554 Harrisburg, Pa. 17105-8554 (717) 541-7901	Adams, Bedford, Blair, Cumberland, Dauphin, Franklin, Fulton, Huntington, 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 Cross Valley Centre, Suite 203 667 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

   The provisions of this Appendix H adopted October 5, 1984, effective October 6, 1984, 14 Pa.B. 3658; amended December 1, 1989, effective December 2, 1989, 19 Pa.B. 5165; amended December 27, 1991, effective December 28, 1991, 21 Pa.B. 5992. Immediately preceding text appears at serial pages (162494) to (162509).

APPENDIX I
AGRICULTURAL ACTIVITIES; GENERAL PERMIT
BDWM-GP-9

   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 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 installation, operation, modification and maintenance of certain agricultural activities that encroach into streams and their floodways or bodies of water wholly or partly within or forming part of the boundary of this Commonwealth. These agricultural activities are grassed or lined waterways, terraces, diversions, waste storage facilities, spring development and minor drainage that supports these activities and is necessary for contour strips when engaged in as a part of an existing agricultural operation and shall only be implemented as part of a conservation plan consistent with Chapter 102 (relating to erosion and sediment control) and approved by the County Conservation District. This authorization is under section 7(b) of the Dam Safety and Encroachments Act (32 P. S. §  693.7(b)) and the rules and regulations promulgated thereunder at § §  105.441—105.449 (relating to general permits). This General Permit is subject to the terms and conditions set forth below.

 2. Denial of Authorization—The Department has 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 present a risk to life, property or the environment or otherwise would not be adequately regulated by the provisions of this General Permit.

 3. Definitions—The following terms as used in this General Permit shall have the following meanings:

   Agricultural Operations—Activities, practices and procedures that farmers adopt, use or engage in for the production of crops and livestock. This does not include practices and procedures related to timber harvesting.

   Body of Water—A natural or artificial lake, pond, reservoir, swamp, marsh or wetland.

   Conservation Plan—A plan as required by Chapter 102 that includes a map and narrative that identifies conservation practices including an erosion and sedimentation control plan for the identified parcel of land.

   Contour Strips—The practice of farming sloped land using alternating crops in such a way that plowing, preparing land, planting and cultivating are done on the contour as part of an agricultural operation. Contour strips without drainage are not regulated.

   Diversions—A graded channel with a supporting ridge on the lower side which is constructed as part of an agricultural operation across the slope of a field to intercept surface water runoff and carry it slowly to surface or underground outlets.

   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. Unless otherwise specified, the boundary of the floodway is as indicated on maps and flood insurance studies provided by 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.

   Grassed or Lined Waterway—A natural or constructed channel that is shaped or graded to required dimensions and established in suitable vegetation or protection for the stable conveyance of surface water runoff which is part of an agricultural operation.

   Install—To construct, deposit, place, lay or set in place.

   Minor Drainage—The installation of a water conveying device as necessary for the installation and operation of contour strips and other conservation practices authorized by this General Permit conducted as part of an agricultural operation.

   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 a department, board, commission or authority of the Commonwealth.

   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.

   Spring Development—The practice of intercepting and conveying water to a livestock watering facility that will not be used for a public water supply when conducted as part of an agricultural operation.

   Stream—A watercourse.

   Terrace—An earthen embankment or a ridge and channel constructed across a slope of a field to intercept surface runoff water and outlet it to a grassed or lined waterway or an underground tile as part of an agricultural operation.

   Waste Storage Facility—A structure or basin for temporary storage of animal or other organic agricultural wastes constructed as part of an agricultural operation.

   Watercourse—A channel or 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.

 4. Specific Areas Where the General Permit Does Not Apply—This General Permit does not apply in and is not valid in the following situations:

   a. Historic, cultural or archaeological sites as identified in the latest published version of the Pennsylvania Inventory of Historic Places or the National Register of Historic Places.

   b. Sites identified in the latest published version of the National Registry of Natural Landmarks.

   c. Wetlands which serve as habitat for fauna or flora listed as threatened or endangered under the Endangered Species Act of 1973, the Wild Resource Conservation Act, the Fish and Boat Code or the Game and Wildlife Code. Sites may be checked through the Pennsylvania Natural Diversity Inventory by contacting the Bureau of Forestry, Division of Advisory Services, Post Office Box 8552, Harrisburg, Pennsylvania 17105-8552 or any of the offices listed on Exhibit C.

   d. Watercourses having a drainage area greater than 100 acres.

   e. Submerged Lands of this Commonwealth.

   f. A spring being developed for public drinking water.

 5. Other Permits—Nothing in this General Permit relieves the owners of the obligation of complying with all Federal, Interstate Compacts and State laws, regulations and standards for the construction, operation or maintenance of the activities covered by this General Permit.

 6. Registration of Proposed Use of General Permit—Prior to construction, the owners shall submit Exhibit D containing the required certification along with the required location map to the Bureau of Dams and Waterway Management. A copy of Exhibit D shall also be sent to the municipalities and county in which the work will be performed. The owners may not begin work until he has notified the Bureau of Dams and Waterway Management (Exhibit D) and received an acknowledgement of that notification. The Department’s acknowledgement letter serves as registration to use this General Permit.

 7. Change of Ownership—If there is a change in ownership of the agricultural activities installed in accordance with this General Permit, the new owners are required to register the activities with the Department in accordance with Item 6.

 8. Fees—There is no fee required for a project authorized under this General Permit.

 9. Effective Time Period—This General Permit will remain in effect indefinitely, unless specifically modified, suspended or revised by the Department.

 10. Suspension, Modification or Revocation—The Department may suspend, modify or revoke this General Permit at any time upon notice in the Pennsylvania Bulletin.

 11. Project Interference—This General Permit does not authorize any interference with any existing or proposed Local, State, Federal or Federally Licensed Project, and permittee may 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, Commonwealth of Pennsylvania, or its Political Subdivisions in the public interest.

 12. Conditions.

   a. The use of this General Permit is only authorized as part of a conservation plan approved by the County Conservation District (Exhibit B).

   b. Grassed waterways, terraces, diversions, waste storage facilities, spring development and minor drainage must be constructed and maintained according to §  101.8 (relating to pollution control and prevention from agricultural operations) and the design standards and specifications found in the technical guide for Pennsylvania available through the United States Department of Agriculture, Soil Conservation or the County Conservation District (Exhibit B).

   c. All excess material from any activity must be deposited and stabilized outside the regulated waters of this Commonwealth.

   d. 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, Historical and Museum Commission, Post Office Box 1026, Harrisburg, Pennsylvania 17108-1026, telephone (717) 787-2891.

   e. Pollution of the waterway with harmful chemicals, fuels, oils, greases, bituminous material, acid, and/or other harmful or polluting materials, is prohibited.

   f. Wetlands shall be avoided if an alternate location is possible. Where wetlands cannot be avoided and the activities are necessary to minimize erosion and sedimentation and improve water quality, the impact shall be minimized.

   g. Waste storage facilities constructed within 250 feet of a source of water used as a public water supply source as defined under Pennsylvania Safe Drinking Water Act may need to be relocated due to the geology of the site. Contact the Regional Community Environmental Control Office in your area.

 13. 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 owners 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 other action necessary to assure the project is constructed, operated or maintained in accordance with the terms and conditions of this 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 or The Clean Streams Law (35 P. S. § §  691.1—691.1001).

 14. 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 conditions of this General Permit or the rules and regulations published in this chapter, Chapter 102 and §  101.8, the Department may take such actions, legal or administrative, that it may deem to be appropriate, including revocation of the General Permit with regard to the violation.

 15. Structural Removal—The owners shall remove all or any portion of the activities covered by this General Permit upon written notification to the owners 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.

 16. 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.

 17. Other Approvals—The owners shall secure all other approvals that may be necessary under Federal, State or local laws or regulations.

 18. Fish and Boat Commission Notification—The owners shall notify the 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 Commission.

 19. Erosion and Sedimentation Controls—Work must be done in compliance with a Conservation Plan which meets the requirements of Chapter 102, including erosion control measures for the construction of best management practices installed under that plan. The project shall at all times be available for inspection by authorized employes of the county conservation district. The Conservation Plan shall be available at the site at all times.

EXHIBIT A
FISH AND BOAT 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) 455-8974	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
COUNTY CONSERVATION DISTRICTS

Conservation District	Phone Number	Conservation District	Phone Number
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) 372-4655	Lehigh County	(215) 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	(215) 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	(215) 377-4894	Montgomery County	(215) 489-4506
Centre County	(814) 355-6817/6818	Montour County	(717) 271-1140
Chester County	(215) 696-5126	Northampton County	(215) 746-1971
Clarion County	(814) 226-4070	Northumberland County	(717) 988-4224
Clearfield County	(814) 765-2629	Perry County	(717) 582-4144
Clinton County	(717) 726-3798	Pike County	(717) 296-3429 Ext 309
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 Ext 379	Snyder County	(717) 837-0085
Dauphin County	(717) 921-8100	Somerset County	(814) 445-4652
Delaware County	(215) 891-5962	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) 253-1370
Huntingdon County	(814) 643-3536	Westmoreland County	(412) 837-5271
Indiana County	(412) 463-7702	Wyoming County	(717) 836-5111
Jefferson County	(814) 849-7463	York County	(717) 771-9430

EXHIBIT C
DEPARTMENT OF ENVIRONMENTAL RESOURCES
BUREAU OF DAMS AND WATERWAY MANAGEMENT

Area Office	County Responsibility
Southcentral Area Office 149 One Ararat Blvd. P. O. Box 8554 Harrisburg, Pa. 17105-8554 (717) 541-7901	Adams, Bedford, Blair, Cumberland, Dauphin, Franklin, Fulton, Huntington, 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 Wilkes-Barre, Pa. 18705 (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

   The provisions of this Appendix I adopted January 24, 1992, effective January 25, 1992, 22 Pa.B. 392.

APPENDIX J
ABANDONED MINE RECLAMATION; GENERAL
PERMIT BDWW-GP-10

 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 or maintenance of an encroachment or water obstruction for reclamation of an abandoned mining site, where the Department has issued a notice of intent to forfeit the bond for a mining activity permitted after August 1977, and before July 1982. 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. Sites and Conditions Where This General Permit Does Not Apply—This General Permit does not apply and is not valid in the following situations:

   a. 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 prior to registration for use of the General Permit. The processed Supplement No. 1 is returned to the owner and must be attached to the General Permit notification as verification that the General Permit is applicable.

   b. Construction activities in 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 and Boat Commission’s Division of Environmental Services. Stocked and wild trout stream locations are compiled by the Commission’s Division of Fisheries Management.

 4. Definitions—The terms as used in this General Permit shall have the following meanings:

   Body of Water—A natural or artificial lake, pond, reservoir, swamp, marsh or wetland.

   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.

   Reclamation—Those actions set forth in the forfeiting operators permit taken to restore the area affected by surface and underground mining activities as required by 25 Pa. Code Chapters 86—89 and for which State and/or Federal reclamation funding is used to perform the reclamation.

   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.

   Reservoir—Any basin, either natural or artificial, which contains or will contain the water or other fluid or semifluid impounded by a dam.

   Stocked Trout Stream—A stream classified as approved trout waters by the Fish and Boat Commission. For current designations of stocked trout streams contact the Division of Fisheries Management.

   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 adopted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas.

   Wild Trout Streams—A stream classified as supporting reproducing trout populations by the Fish and Boat Commission. For current designations of wild trout streams, contact the Division of Fisheries Management.

 5. Other Permits—Nothing in this General Permit relieves the owners of the obligation of complying with all Federal, Interstate Compact and State laws, regulations and standards for the construction, operation or maintenance of the activities covered by this General Permit.

 6. Registration for Use—Prior to construction, the owners shall submit two copies of the completed Notification to Use (Exhibit D) along with two copies of the location map and processed Supplement No. 1 to the Soils and Waterways Section or the County Conservation District (Exhibits B and C). The notification must be sent to the County Conservation District only if there is a delegation agreement between the Department and the District. A copy of Exhibit D shall also be sent to the municipality and county in which the work will be performed. The owners may not begin work until they have received an acknowledgement from the Soils and Waterways Section of County Conservation District that the Exhibit D notification has been received and registered.

 7. Fees—There is no fee required for a project authorized under this General Permit.

 8. Effective Time Period—This General Permit will remain in effect indefinitely unless specifically modified, suspended or revised by the Department.

 9. Suspension, Modification or Revocation—The Department may suspend, modify or revoke this General Permit at any time upon notice in the Pennsylvania Bulletin.

 10. 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.

 11. Conditions.

   a. Any archeological 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 17101-1026, telephone (717) 787-2891.

   b. All excess fill or excavated and dredged material shall be deposited and immediately stabilized outside floodways, floodplains, wetlands and other regulated waters of this Commonwealth. Waste materials, scrap or excess construction materials shall be collected, stored and disposed of in accordance with the Solid Waste Management Act (35 P. S. § §  6018.101—6018.1003) and the regulations promulgated thereunder.

   c. Owners shall investigate for drinking water intakes or reservoirs to public and private water supplies within 5 miles downstream of the reclamation site and written notice shall be given at least 10 days prior to construction to operators of such intakes or reservoirs. Owners shall notify public and private water supply operators and the Department immediately and no longer than 1 hour after an occurrence at the reclamation site which results in the release of suspended solids and turbidity to the drinking water supply, including both surface and groundwater sources, that maintain the quality or quantity of the drinking water supply.

   d. Reclamation projects shall not extend beyond the reclamation site.

   e. 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, swamps, 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.

   f. The owners shall notify the Fish and Boat Commission’s Regional Field Office Supervisor 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 employees of the Fish and Boat Commission.

   g. Prior to the use of explosives in a watercourse or body of water, the permittee shall secure a written permit from the Fish and Boat Commission, under the Fish and Boat Code, Act 1980-175, 30 Pa.C.S. §  2906 (relating to permits for use of explosives). Requests should be directed to the Fish and Boat Commission, Division of Environmental Services.

   h. Prior to construction, approval must be obtained from the Fish and Boat Commission’s Division of Environmental Services for use of this project on reclamation sites bordering (1) stocked trout streams from March 1 through June 15 and (2) wild trout streams from October 1 through December 31.

   i. All temporary road crossings of the regulated waters of the Commonwealth in areas unaffected by mining activities shall be constructed in accordance with the design standards and conditions of General Permit BDWW-8.

   j. Prior to construction, the property owner of the abandoned mine site shall be sent, by certified mail, a questionnaire inquiring whether there are existing facilities on site such as ponds, wetlands or diversion ditches which the property owner wants left in place in their present condition. Construction may not be commenced until receipt of the complete questionnaire.

 12. 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 employees or agents of the Department or County Conservation District, 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.

 13. Activities Not in Accordance With the Terms or Conditions—If the Department or County Conservation District determines, upon inspection, that the construction, operation or maintenance of a project has violated the terms or criteria of this General Permit, the Chapter 105 and 102 Rules and Regulations or the appropriate NPDES permit for discharge of stormwater from construction activities, the Department may take such actions, legal or administrative, that it may deem to be appropriate.

 14. Property Rights—This General Permit does not 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.

 15. Other Approvals—The owners shall secure all other approvals that may be necessary under other Federal, State or local laws or regulations.

 16. Erosion and Sediment Pollution Controls—Work must be done in compliance with Chapter 102 (relating to erosion and sediment control) and/or under the appropriate NPDES permit for discharge of stormwater from construction activities. 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 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 Sediment Pollution Control Plan shall be available at the site.

   The provisions of this Appendix J adopted July 8, 1994, effective August 8, 1994, 24 Pa.B. 3404.

APPENDIX O
GENERAL PERMIT BWQP-GP-15
PRIVATE RESIDENTIAL CONSTRUCTION IN

   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.

 A. General Description. The Department of Environmental Protection hereby authorizes, by general permit, the placement and maintenance of fill in, or the excavation of, non-tidal wetlands for the construction or expansion of a single family home for the personal residence of the permittee, including reasonable and necessary features such as a driveway, storage shed and utilities on a residential lot purchased by the permitttee prior to November 22, 1991, within established subdivisions approved by the local governing authority where such activities do not impact greater than .50 acre of nontidal wetlands. 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). The monetary contribution associated with this General Permit is for participation in the Pennsylvania Wetland Replacement Project.

 Neither the Department of Environmental Protection nor any County Conservation District which is delegated Chapter 105 permitting authority shall be liable for incidents resulting from subsidence, structure failure, water damage, vector problems or any other hardships that may occur as a result of building in wetlands.

 B. Registration Procedure:

 1. Complete the registration Form (Exhibit A).

 The information requested in Item 2 on the registration form will be used to determine potential impacts to threatened and endangered species. If a potential impact is indicated, the Department will provide assistance to you to address threatened and endangered species concerns. The use of this general permit is not authorized until the potential impact is resolved.

 If you desire, to avoid possible project delays, a search for potential impacts can be conducted prior to registration by completing the attached Supplement No. 1, Pennsylvania Natural Diversity Inventory Form (PNDI) and submitting it to the appropriate DEP Regional Office or delegated County Conservation District. The completed search information should be submitted when you register the permit.

 2. Prepare a project location map utilizing a photocopy of a 7-1/2 minute U.S.G.S. Quadrangle Map showing the project site.

 3. Delineate the wetlands in accordance with established Department procedures. Delineation services for the purpose of registering this general permit will be provided by the U. S. Army Corps of Engineers or the Department of Environmental Protection or its designee, upon request. If you choose to have delineation services provided by the Army Corps of Engineers or the Department, please request this service in writing early in the project planning stage to allow sufficient response and scheduling time to avoid project delays.

 4. Prepare an Erosion and Sedimentation control plan. Permit users are encouraged to contact County Conservation Districts for erosion and sedimentation control planning assistance.

 5. Prepare a sketch plan (Exhibit B) or attach a copy of a plot plan of the project showing the:

   a. dimension of the entire property,

   b. location of wetland,

   c. location of erosion and sedimentation control measures,

   d. dimension of the proposed wetland impact area,

   e. location of house/driveways, and the like,

   f. location of waterways, drainage ditches, and the like,

   g. existing utilities,

   h. proposed utilities, water, sewer, telephone, and the like.

   i. building setbacks,

   j. previously filled wetlands,

   k. floodplains,

   l. location of replacement wetlands.

 6. To register use of the general permit send one copy of the:

   a. Location Map,

   b. Registration Form (Exhibit A),

   c. Sketch Plan (Exhibit B),

   d. Wetland delineation,

   e. Erosion and Sedimentation Control Plan approval letter, for lots greater than 0.5 acre (see D.8. below),

   f. A Wetland Replacement Plan or, a contribution to the Pennsylvania Wetland Replacement Project, as described in Part D.9 of this general permit;

   g. Supplement Number 1, PNDI (see B.1); and

   h. Corps authorization if the wetland impact is greater than .10 acre;

 to the DEP Regional Soils and Waterways Section or the delegated County Conservation District.

 7. You may not begin construction until you receive confirmation of registration and Federal authorization from the U. S. Army Corps of Engineers under Section 404 of The Clean Water Act. Please contact the appropriate Corps District for permit information.

 C. Definitions Applicable to this General Permit:

 Central Sewage—A sewerage system consisting of pipes, lateral lines, trunk lines or mains, which convey waste to a facility that provides treatment for final disposal. The term Central Sewage does not include onlot disposal, community onlot disposal, or any other system that requires a land surface or subsurface absorption area for treatment and disposal purposes.

 FEMA—The Federal Emergency Management Agency

 Floodplain—The lands adjoining a river or stream that have been or may be expected to be inundated by flood waters in a 100-year frequency flood. Unless otherwise specified, the boundary of the 100-year floodplain is as indicated on maps and flood insurance studies provided by FEMA. In an area where no FEMA maps or studies have defined the boundary of the 100-year floodplain it is assumed, absent evidence to the contrary, that the floodplain extends from the stream to 50 feet from the top of the bank of the stream. Other evidence of the extent of the floodplain may include local stormwater management plans, local zoning ordinances, subdivision plans and similar land use mapping.

 Impact—The loss of nontidal wetlands of the Commonwealth including any filled area previously permitted, the proposed filled area and any other nontidal wetlands of the Commonwealth that are adversely affected by flooding, excavation or drainage as a result of the project.

 Individual—A natural person and/or couple but does not include a corporation, partnership or similar entity.

 Parcel of Land—The entire contiguous quantity of land in possession of, recorded as property of, or owned (in any form of ownership, including land owned as a partner, corporation, joint tenant, and the like) by the same individual as of November 22, 1991 (and/or his or her spouse), and comprises not only the area of wetlands sought to be filled, but also all land contiguous to those wetlands, owned by the individual and/or his or her spouse in any form of ownership.

 Pennsylvania Wetland Replacement Project—A fund managed by the National Fish and Wildlife Foundation from which money is dispersed at the direction of the Department of Environmental Protection, to which Chapter 105 permit applicants can make a monetary contribution, in lieu of creating wetlands.

 Subdivision—The division or redivision of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines.

 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.

 Emergent Wetland—Wetland areas dominated by nonwoody vegetation.

 Forested Wetland—Wetland areas dominated by woody vegetation 20 feet or more in height.

 Scrub/Shrub Wetland—Wetland areas dominated by woody vegetation less than 20 feet in height.

 D. Conditions:

 1. Impacts to wetlands must be avoided and minimized. Nonwetland areas onsite must be utilized whenever practical.

 2. Fills or excavations in wetlands, including previously filled areas may not exceed more than 40% of the total lot area, except where lots are less than .25 acre in size where a maximum of .10 acre of fill in wetlands is authorized. In no circumstances may the total impact associated with the fill or excavation exceed 0.50 acre of wetlands.

   The following conversion table provides an example of the amount of wetland fill authorized in accordance with the 40% maximum fill condition.

 3. Fills, and/or excavations, in wetlands located on floodplains are not authorized by this General Permit. Information on floodplains may be available through local municipalities, home owner associations, county planning offices, FEMA and similar agencies.

 4. This permit may only be used once by an individual.

 5. This permit may only be used for a single-family home for a personal residence by an individual who purchased the lot prior to November 22, 1991.

 6. This permit may only be used on residential lots with access to a central sewage system which is in place and operational at the time of registration, except in instances where the fill is for the expansion of an existing residence. Under no circumstances may fill be used to construct or expand an onlot sewage disposal system.

 7. Fill material cannot contain wastes as defined in the Solid Waste Management Act.

 8. Appropriate erosion control measures and facilities must be incorporated into all earthmoving activities associated with construction. Upon completion of construction the site shall be stabilized.

   a. For lots greater than .50 acre an Erosion and Sedimentation Control Plan must be reviewed and approved by the County Conservation District in the county where your project is located prior to registration.

   b. For all other lots equal to or less than .50 acre, an Erosion and Sedimentation Control Plan meeting the requirements of Chapter 102 (relating to erosion and sediment control) must be implemented and must be available at the site for review by the Department and/or the County Conservation District (see Exhibit B, Erosion and Sedimentation Control Notes). Permit users are encouraged to contact County Conservation Districts for erosion and sedimentation control planning assistance.

 9. Individuals who wish to use this General Permit for impacts of up to .50 acre of wetlands must provide for the replacement of functions, values and areal extent of the wetlands impacted by:

   a. creating a wetland in accordance with the Department’s Design Criteria for Wetland Replacement on a 1:1 area ratio, replacement wetlands to filled wetlands. (Copies of the criteria are available at DEP Regional Offices.)

   b. participating in the Pennsylvania Wetland Replacement Project by contributing to the National Fish and Wildlife Foundation Fund Project 95-096.

 The contribution rate is as follows:

 10. Fills and/or excavations should not increase flood levels or permanently restrict, impede, accelerate, increase or obstruct the passage of normal or expected stormwater flows in such a manner that adversely impacts the property or riparian rights of owners above, below, or adjacent to the project.

 11. This permit is not valid for use within the corridor of a watercourse or body of water that has been designated as a National Wild or Scenic River in accordance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C.A. § §  1271—1287) or designated as wild or scenic under the Pennsylvania Scenic Rivers Act (32 P. S. § §  820.21—820.29). Information may be obtained by contacting the Department of Conservation and Natural Resources (DCNR), Bureau of Recreation and Conservation, Scenic Rivers Program, P. O., Box 8475, Harrisburg, PA 17105 or calling (717) 787-2316.

 E. Activities Not in Accordance with 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.

 F. Denial of Authorization—The Department shall have the discretion to deny, revoke or suspend the use of the General Permit for any project which the Department determines to have a substantial risk to life, health, property or the environment.

 G. Authority—Authorization of this General Permit is under section 7 of the Dam Safety and Encroachment Act 32 P. S. §  693.7 et seq., and the rules and regulations promulgated thereunder at 25 Pa. Code § §  105.441—105.449 (relating to general permits). This General Permit becomes effective April 7, 1997, and will remain in effect indefinitely unless specifically modified, suspended or revoked by the Department.

   The provisions of this Appendix O adopted February 2, 1996, effective March 4, 1996, and will remain in effect indefinitely unless specifically modified, suspended or revoked by the Department, 26 Pa.B. 526; amended March 7, 1997, effective April 7, 1997, 27 Pa.B. 1195. Immediately preceding text appears at serial pages (210128) to (210134) and (217395) to (217396).