Chapter 105 General Permits for Chapter 105 General Permits for Stream and Wetland I mpacts Stream and Wetland I mpacts DEP Ch. 105 CONTACTS FOR BERKS COUNTY DEP Ch. 105 CONTACTS FOR BERKS COUNTY : : Holly Swartz and Jason Shirey
What DEP Regulates What DEP Regulates g Under Chapter 105 Under Chapter 105 Waters of the Commonwealth, which Waters of the Commonwealth, which includes bodies of water includes bodies of water includes bodies of water, includes bodies of water, watercourses, and their floodways watercourses, and their floodways
Bodies of Water Bodies of Water Bodies of Water Bodies of Water A natural or artificial lake, pond, reservoir, swamp, marsh or wetland h l d
Watercourses Watercourses Watercourses Watercourses Defined Bed & Banks Defined Bed & Banks Perennial or Intermittent Perennial or Intermittent Flow Flow Flow Flow
Floodways Floodways Floodways Floodways Defined by one of two methods: Defined by one of two methods: – FEMA Flood Mapping FEMA Flood Mapping FEMA Flood Mapping FEMA Flood Mapping – 50 50- -foot Rule foot Rule
FEMA FLOOD MAPS FEMA FLOOD MAPS FEMA FLOOD MAPS FEMA FLOOD MAPS DETAI LED NON-DETAI LED
Permits and Authorizations Permits and Authorizations Permits and Authorizations Permits and Authorizations Waived activities (Chapter 105.12) Waived activities (Chapter 105.12) – Activities regulated by DEP that do not require a State Activities regulated by DEP that do not require a State p permit (Federal authorization may be necessary) p permit (Federal authorization may be necessary) ( ( y y y) y) General Permits General Permits – For activities that do not meet the waiver criteria, but are For activities that do not meet the waiver criteria, but are anticipated to have a minimal impact on the environment anticipated to have a minimal impact on the environment anticipated to have a minimal impact on the environment anticipated to have a minimal impact on the environment – Activities must meet defined terms and conditions which Activities must meet defined terms and conditions which cannot be deviated from cannot be deviated from Joint Permit Applications Joint Permit Applications Joint Permit Applications Joint Permit Applications – Covers those activities that do not fit the terms and Covers those activities that do not fit the terms and conditions of a general permit conditions of a general permit
General Permits General Permits General Permits General Permits Must register the use of the GP Must register the use of the GP Must receive an acknowledgement of the GP Must receive an acknowledgement of the GP Each permit has a specific list of conditions E Each permit has a specific list of conditions E h h it h it h ifi ifi li t li t f f diti diti where GP does NOT apply where GP does NOT apply Approved permit must be on site of Approved permit must be on site of pp o ed pe pp o ed pe t t ust be o ust be o s te o s te o construction while work is being done!! construction while work is being done!! – If construction begins prior to permit issuance, If construction begins prior to permit issuance, or if the permit is not physically located on site or if the permit is not physically located on site or if the permit is not physically located on site or if the permit is not physically located on site during the work, both the applicant and during the work, both the applicant and contractor are equally liable for any penalties contractor are equally liable for any penalties that may occur as a result of the violation(s) that may occur as a result of the violation(s)
Commonly Used General Commonly Used General y Permits Permits GP GP- -1 Fish 1 Fish- - Habitat Structures Habitat Structures GP GP- -2 Small Docks and Boat Launching Ramps 2 Small Docks and Boat Launching Ramps GP GP- -3 Bank Rehabilitation, Bank Protection and Gravel Bar 3 Bank Rehabilitation, Bank Protection and Gravel Bar Removal Removal Removal Removal GP GP- -4 Intake and Outfall Structures 4 Intake and Outfall Structures GP- GP -5 Utilize Line Crossings 5 Utilize Line Crossings GP GP-6 GP GP-6 Agricultural Crossing and Ramps 6 6 Agricultural Crossing and Ramps Agricultural Crossing and Ramps Agricultural Crossing and Ramps GP- GP -7 Minor Road Crossings 7 Minor Road Crossings GP GP- -8 Temporary Road Crossing 8 Temporary Road Crossing GP GP-11 Maintenance, Testing, Repair, Rehabilitation or GP GP 11 Maintenance, Testing, Repair, Rehabilitation or 11 Maintenance, Testing, Repair, Rehabilitation or 11 Maintenance, Testing, Repair, Rehabilitation or Replacement of Water Obstructions and Encroachments Replacement of Water Obstructions and Encroachments
General Permits 1 and 2 General Permits 1 and 2 General Permits 1 and 2 General Permits 1 and 2 GP GP- -1 Fish Habitat Enhancement Structures 1 Fish Habitat Enhancement Structures – Structures located in stream channels cannot extend more Structures located in stream channels cannot extend more than 3 feet above the normal stream bed than 3 feet above the normal stream bed – Must be approved by Pennsylvania Fish and Boat Must be approved by Pennsylvania Fish and Boat M M b b d b d b P P l l i i Fi h Fi h d B d B Commission prior to submission to DEP or County Commission prior to submission to DEP or County Conservation District Conservation District GP GP GP-2 GP 2 Small Docks and Boat Launching 2 Small Docks and Boat Launching 2 Small Docks and Boat Launching Small Docks and Boat Launching Ramps Ramps – Not applicable in “Exceptional Value” waters as listed in Not applicable in “Exceptional Value” waters as listed in Chapter 93 (water quality standards) Chapter 93 (water quality standards) – Small docks shall not exceed a maximum surface area of Small docks shall not exceed a maximum surface area of 750 square feet 750 square feet – Not applicable along Scenic Rivers Not applicable along Scenic Rivers
General Permit 3 General Permit 3 General Permit 3 General Permit 3 GP GP- -3 3 Bank Rehabilitation, Bank Protection Bank Rehabilitation, Bank Protection and Gravel Bar Removal and Gravel Bar Removal – Allows a maximum of 500 linear feet of channel work Allows a maximum of 500 linear feet of channel work Allows a maximum of 500 linear feet of channel work Allows a maximum of 500 linear feet of channel work – Cannot decrease normal channel width Cannot decrease normal channel width Does NOT NOT apply to projects involving channel relocations, – Does apply to projects involving channel relocations, realignments or placement of fill to construct berms or realignments or placement of fill to construct berms or ea g ea g e e s o p ace s o p ace e e o o o co s uc be o co s uc be s o s o levees levees Does NOT NOT apply to wetlands – Does apply to wetlands Does NOT NOT allow the removal of vegetated gravel bars – Does allow the removal of vegetated gravel bars g g g g – Gravel bars can be removed only to a elevation of 6 inches Gravel bars can be removed only to a elevation of 6 inches above the water level at the time of the project above the water level at the time of the project
General Permits 4 and 5 General Permits 4 and 5 General Permits 4 and 5 General Permits 4 and 5 GP GP- -4 I ntake and Outfall Structures 4 I ntake and Outfall Structures – Does not apply to wetlands Does not apply to wetlands – Authorizes the construction of outfall structures having a Authorizes the construction of outfall structures having a Authorizes the construction of outfall structures having a Authorizes the construction of outfall structures having a diameter of 36 inches or less diameter of 36 inches or less GP GP GP-5 GP 5 Utility Line Crossings 5 Utility Line Crossings 5 Utility Line Crossings Utility Line Crossings – Maximum size utility line allowed is 36 inches in diameter Maximum size utility line allowed is 36 inches in diameter – A minimum of three (3) feet of cover between the top of A minimum of three (3) feet of cover between the top of the utility line or encasement and the lowest point in the the utility line or encasement and the lowest point in the the utility line or encasement and the lowest point in the the utility line or encasement and the lowest point in the natural contour of the streambed is required, unless the natural contour of the streambed is required, unless the utility line is in rock, where a minimum cover of one (1) utility line is in rock, where a minimum cover of one (1) foot is required foot is required
General Permit 6 General Permit 6 General Permit 6 General Permit 6 GP GP- -6 Agricultural Crossings and Ramps 6 Agricultural Crossings and Ramps – Not applicable in “Exceptional Value” waters as Not applicable in “Exceptional Value” waters as listed in Chapter 93 (water quality standards) listed in Chapter 93 (water quality standards) – Construction of the crossing or ramp cannot Construction of the crossing or ramp cannot alter the normal channel width alter the normal channel width alter the normal channel width alter the normal channel width – Roadways leading to or from the crossing or Roadways leading to or from the crossing or ramp that are proposed in wetlands are not ramp that are proposed in wetlands are not authorized under this GP authorized under this GP
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