PERMITS


§ 105.231. Permit applications for construction or modification ofchannel changes and dredging for facility construction and maintenance.

 (a)  Construction or modification of channel changes. Construction or modification of channel changes includes the following:

   (1)  In addition to the information required by §  105.13 (relating to permit applications—information and fees), permit applications under this subchapter for the construction or modification of channel changes shall contain the following information:

     (i)   The location and length of the proposed channel change.

     (ii)   A stream profile for a reasonable distance upstream and downstream of the proposed change, showing bed slopes, normal water surface and depths, flood water surfaces, existing obstructions and the location of public and industrial water supply intake.

     (iii)   Cross-channel sections necessary to indicate the scope of the proposed work.

     (iv)   Estimates of flood frequencies and flood flows at the site of the proposed channel change, including information reasonably available regarding actual rainfall and flood flow records on the stream.

     (v)   A description of the purposes of the proposed channel change.

     (vi)   A plan for the disposal of excavated material.

     (vii)   Proof of title or adequate flowage and other easements for lands included in the site of the proposed channel change.

   (2)  The Department may require additional information or waive one or more of the requirements of paragraph (1) in specific cases.

 (b)  Dredging. Dredging includes the following:

   (1)  In addition to the information required by §  105.13, permit applications for dredging for facility construction and maintenance under this subchapter shall contain the following information:

     (i)   The location and area of the proposed dredging.

     (ii)   A stream profile for a reasonable distance upstream and downstream of the proposed dredging showing normal water surface and depths.

     (iii)   A description of the equipment to be employed in the dredging operation and a plan for the disposal of the dredge soil.

     (iv)   Proof of title or easements for lands included in the site of the proposed dredging.

   (2)  The Department may require additional information or waive one or more of the requirements of paragraph (1) in specific cases.

Source

   The provisions of this §  105.231 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial page (38882).

Notes of Decisions

   Dredging

   The terms and conditions attached to a dredging permit are terms and conditions of the permit, rather than rules and regulations. Warren Sand and Gravel Co. v. Department of Environmental Resources, 341 A.2d 556 (Pa. Cmwlth. 1975).

   Editor’s Note: Chapter 105 has been extensively amended since this case was decided. The case actually referred to § §  105.21 and 105.77.



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