Subchapter E. CHANNEL CHANGES AND DREDGING FOR FACILITY CONSTRUCTION AND MAINTENANCE


Sec.


105.221.    Scope.
105.222.    [Reserved].
105.223.    [Reserved].
105.224.    [Reserved].

PERMITS


105.231.    Permit applications for construction or modification of channel changes and dredging for facility construction and maintenance.
105.232.    Maintenance dredging.
105.233.    Removal of sand, gravel and other valuable minerals.

CRITERIA FOR APPROVAL FOR CONSTRUCTION OR
MODIFICATION


105.241.    Flood effect.
105.242.    Channel alignment and cross section.
105.243.    Temperature of water and shading.
105.244.    Protection of fish life.
105.245.    Disposal of waste materials.

Cross References

   This subchapter cited in 25 Pa. Code §  105.14 (relating to review of applications).

CONSTRUCTION AND MAINTENANCE


§ 105.221. Scope.

 Except as provided in § §  105.3 and 105.12 (relating to scope; and waiver of permit requirements), this subchapter applies to channel changes in the regulated waters of this Commonwealth, and to dredging in the regulated waters of this Commonwealth conducted for purposes of construction, operation or maintenance of a dam, water obstruction or encroachment.

Source

   The provisions of this §  105.221 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 (38880).

§ 105.222. [Reserved].


Source

   The provisions of this §  105.222 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; reserved September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial page (38880).

§ 105.223. [Reserved].


Source

   The provisions of this §  105.223 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; reserved September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial page (38880).

§ 105.224. [Reserved].


Source

   The provisions of this §  105.224 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; reserved September 26, 1980, September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial page (38881).

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.

§ 105.232. Maintenance dredging.

 Permits issued for the construction, operation and maintenance of water obstruction or encroachment shall include specific authorization for maintenance dredging.

Source

   The provisions of this §  105.232 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843.

§ 105.233. Removal of sand, gravel and other valuable minerals.

 The removal of sand, gravel or other valuable minerals from submerged lands of this Commonwealth in quantities which are commercially usable or marketable, in conjunction with a channel change or dredging permitted under this chapter, shall be subject to the royalty and agreement provisions of the act of July 31, 1970 (P. L. 699, No. 225) and the act of December 3, 1970 (P. L. 834, No. 275) (71 P. S. §  468) (repealed).

Source

   The provisions of this §  105.233 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843.

CRITERIA FOR APPROVAL FOR CONSTRUCTION OR
MODIFICATION


§ 105.241. Flood effect.

 No channel change which creates a flooding potential greater than that created by the natural conditions of the existing channel will be approved.

Source

   The provisions of this §  105.241 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 pages (3882) to (3883).

§ 105.242. Channel alignment and cross section.

 (a)  Abrupt bends in channel changes are prohibited, unless necessitated by the alignment of existing bridges or encroachments.

 (b)  The relocated channel shall rejoin the natural channel of the stream at a point on the permittee’s property to insure that alignment of stream flow at the downstream property line is identical to the flow alignment prior to the channel change.

 (c)  A grade of the changed channel shall not be significantly greater than or significantly less than the grade of the original channel, unless the length of the relocated channel requires.

 (d)  Where the width of a channel change is greater than the width of the preexisting channel, provision shall be made to assure proper depth and velocity of normal flows, subchannels and installation of stream habitat improvement devices.

 (e)  In streams having substantial fisheries value, provision shall be made in channel changes to maintain existing pool-riffle ratios.

Source

   The provisions of this §  105.242 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843.

§ 105.243. Temperature of water and shading.

 Channel changes shall be so designed and implemented to assure that the water temperature does not substantially increase over that in the preexisting channel. Where necessary, provisions shall be made to provide adequate shading of the relocated channel to duplicate, to the maximum extent possible, the preexisting conditions.

Source

   The provisions of this §  105.243 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843.

§ 105.244. Protection of fish life.

 A low flow channel and habitat improvement device will be required when, in the opinion of the Fish Commission, it is necessary to provide a satisfactory channel for maintenance of fish life.

Source

   The provisions of this §  105.244 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843.

§ 105.245. Disposal of waste materials.

 (a)  Discharge of dredged material into the regulated waters of this Commonwealth shall be subject to Subchapter J (relating to discharges of dredged and fill material).

 (b)  Dredged spoil and sludge deposits collected during the operation shall be deposited in a location and a manner approved by the Department.

 (c)  Bilge, ballast or wastewater from dredging operations shall not be discharged to the stream without removal of oils, petroleum products or toxic or hazardous compounds as defined by the Conservation and Recovery Act of 1976 (42 U.S.C.A. § §  6901—6986) in a manner approved by the Department.

Source

   The provisions of this §  105.245 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843.



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