The Basics of Chapter 105 Waterways and Wetlands Permitting in PA

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1 The Basics of Chapter 105 Waterways and Wetlands Permitting in PA April 17, 2013 Goal To develop a basic understanding of PA Department of Environmental Protection (DEP) and US Army Corps of Engineers (USACE) waterway and wetland permitting in Pennsylvania. 1

2 Topics of Discussion Permit Regulations and Definitions No Permit Required Permit Waivers Emergency Permits General Permits (GPs) GP Form Revisions and Fees PASPGP-4 Joint Permits (Standard and Small Project) Permit Decision Guarantee Policy PA DEP Permit Regulations PA Code Title 25 Chapter 105: Waterway Engineering and Wetland Management USACE Section 404 Clean Water Act Wetlands Section 10 Rivers and Harbors Act Navigable Waterways 2

3 Chapter 105 Chapter 105 regulates the water obstructions and encroachments located in, along, across, or projecting into a watercourse, floodway, or body of water, whether temporary or permanent. Chapter 105 Definitions WATERCOURSE A channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow. 3

4 Chapter 105 Definitions 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. 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. Chapter 105 Definitions. If no FEMA study had been completed to determine the floodway, the distance will be 50 from the top of bank on both sides of the waterway. 4

5 Chapter 105 Definitions BODY OF WATER A natural or artificial lake, pond, reservoir, swamp, marsh or wetland. Chapter 105 Definitions Water ENCROACHMENT A structure or activity which changes, expands or diminishes the course, current or cross section of a watercourse, floodway or body of water. Ex: Excavations, fills, and/ore structures in the stream, floodway or body of water (includes obstructions). Water OBSTRUCTION A dike, bridge, culvert, wall, wingwall, fill, pier, warf, embankment, abutment or other structure located in, along or across, or projecting into a watercourse, floodway, or body of water. 5

6 Chapter 105 Definitions OR, SAID MORE SIMPLY. ENCROACHMENT Excavations, structures or fill in a waterway, wetland, or floodway (includes obstructions). OBSTRUCTION -Only structures or fill in the waterway, stream or floodway (blockages). O&E Examples: Bridges and Culverts Stream Enclosures (piping) Watercourse and Wetland Fills Outfalls Utility Lines (gas, sewer, waterlines) Stream Relocation Streambank Stabilization Stream and Wetland Restorations Temporary and Permanent Road Crossings Docks and Piers 6

7 No Permit Required Debris Removal not including gravel and sediment removal Channel Cleaning of Bridges and Culverts limited to 50 feet upstream and downstream of bridge or culvert Mowing and Cutting Vegetation limited to 50 feet upstream and downstream of bridge or culvert Contact DEP to verify that a permit is not required: SW or NW Waivers PA Code Title 25, Chapter While the activity is still regulated, the requirements to obtain a Chapter 105 permit are waived. Submit an inquiry to DEP for permission to use a waiver. A Waiver will not be granted if the DEP determines the activity or structure will have a significant effect upon the safety or protection of life, health, property, or the environment. 7

8 Waivers 16 Waivers, some examples are: Waiver 2 An obstruction in a stream/floodway with a drainage area < 100 acres (no wetlands) Drainage Area -The total surface area upstream of a proposed or existing water obstruction or encroachment that contributes runoff from rain or snowmelt to a watercorse. Stream Stats Website: osw/streamstats/penn sylvania.html *Only USGS blue line streams 8

9 Waivers 16 Waivers, some examples are: Waiver 2 An obstruction in a stream/floodway with a drainage area < 100 acres (no wetlands) Waiver 6 Existing/maintained Stormwater Management or E&S Control Facilities meet requirements of Chapter 102 Waiver 7 Maintenance of field drainage systems constructed and continued to be used for crop production. Emergency Permits For immediate remedial action to alleviate an imminent threat to life, property or the environment. Contact DEP to determine applicability. Typically, following a catastrophic event flood, hurricane, etc. May only authorize activity to provide a temporary fix. The permanent fix many need to come through the normal permit process. 9

10 The GPs GP-1 Fish Habitat Enhancement Structures GP-2 Small Docks and Boat Launching Ramps GP-3 Bank Rehabilitation, Bank Protection& Gravel Bar Removal GP-4 Intake and Outfall Structures GP-5 Utility Line Stream Crossings GP-6 Agricultural Crossings & Ramps GP-7 Minor Road Crossings GP-8 Temporary Road Crossings GP-9 Agricultural Activities GP-10 Abandoned Mine Reclamation GP-11 Maintenance, Testing, Repair, Rehabilitation or Replacement GP-15 Private Residential Construction in Wetlands The GPs General Permits are already Approved permits; Applicants are completing a REGISTRATION to utilize the permit. General Conditions: Only applicable to single, complete projects. Project MUST meet the conditions of the GP, otherwise apply for a Joint Permit small or standard. The project owner must sign the registration and project screening form, NOT the consultant or developer. 10

11 The GPs General Conditions (continued): Project CANNOT begin until receiving a signed authorization from DEP. NO Wild and Scenic Rivers, Historic or Archaeological Resources, Threatened and Endangered Species, Natural Landmarks Stocked/Wild Trout Stream Limitations NO Exceptional Value Waters, High Quality Water Limitations The DEP elibrary Website: Permit and Authorization Packages Waterways Engineering and Wetlands Water Obstruction and Encroachment and Wetlands 11

12 The GPs Revised Forms As of Feb. 16, 2013: Revised forms Rev. 2/2013 on top left corner DEP elibrary Permits and Authorization Packages March 18, 2013 old forms no longer accepted The GPs Revised Forms As of Feb. 16, 2013: Form Changes: Same form for all 12 GPs 1 original and 4 copies Submission package assembled in a particular order DEP codes Applicant and Project Site Plan with Standard Drawing Locations Act 14 Receipts not required Fees Fee Calculation Worksheet Impact Table and Additional Impact Form 12

13 Chapter 105 New Fee Schedule As of Feb. 16, 2013: New Fee Schedule Chapter 105 Fee(s) Calculation Worksheet Multiple Authorizations require multiple fees EXEMPT from fees - Federal, State, and Municipal 13

14 GPs New Fee Schedule EXAMPLES: GPs New Impact Table 14

15 GPs Applicant/Client Codes Refer to Page 2 of the instructions for code definitions. The GPs GP-1 Fish Habitat Enhancement Structures GP-2 Small Docks and Boat Launching Ramps GP-3 Bank Rehabilitation, Bank Protection, & Gravel Bar Removal GP-4 Intake and Outfall Structures GP-5 Utility Line Stream Crossings GP-6 Agricultural Crossings & Ramps GP-7 Minor Road Crossings GP-8 Temporary Road Crossings GP-9 Agricultural Activities GP-10 Abandoned Mine Reclamation GP-11 Maintenance, Testing, Repair, Rehabilitation or Replacement GP-15 Private Residential Construction in Wetlands 15

16 GP Attachments GP-3 Bank Rehabilitation, Bank Protection, & Gravel Bar Removal Conditions for Use: Continuous reach of stream not to exceed 500 LF NO work in Wetlands NO walls > 6 ft. in height Stocked/Wild Trout Stream Limitations NO Channel Realignment or Relocation Specifications regarding bank restoration materials 16

17 GP-5 Utility Line Stream Crossings Temporary Impacts Conditions for Use: Maximum pipe/line diameter is 36 in Top of pipe must be 3-ft below the streambed or wetland. Cross Stream at 90-degree angle Cross wetlands at narrowest point Work should be done in the dry Must obtain a GP-8 Temporary Road Crossing for construction vehicle access. Stocked/Wild Trout Stream Limitations NO Wetlands >10 acres NO Reservoirs Utilized for Open Cut, HDD, and Aerial Crossings 17

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20 GP-7 Minor Road Crossings Permanent Crossing Installation or Removal Conditions for Use: Bridge or Culvert Drainage area < 1 square mile Length of crossing is < 100-ft Culvert invert installed 6 inches below the natural streambed NO fill in approaches to the crossing, original grades < 0.1 acre of wetlands impact per crossing, < 0.25 acre impact for entire project. Culverts aligned with stream flow Minimal depth of fill covering culverts NO Narrowing of the existing stream channel NO FEMA Floodplain 20

21 GP-11 Maintenance, Repair, Rehabilitation or Replacement Existing Obstructions and Encroachments Conditions for Use: In-kind Replacement/Repair/Rehabilitation High Quality and Exceptional Value Waters require use of BMPs to minimize impacts Wetland Impacts: Temporary must be restored back to original conditions; permanent limited to < 0.05 acres Minimal upgrades allowed refer to conditions 21

22 The GPs DEP reviews General Permit Registrations, except for the following counties in which County Conservation District is the reviewer: Butler County Green County Indiana County Westmoreland County 22

23 PASPGP-4 PA State Programmatic General Permit 4 Agreement between DEP and USACE One Stop Shop PASPGP-4 Project Screening Form Minimal Impacts to Waters (Category I & II) -DEP authorizes the PASPGP-4 Federal Authorization is issued with GP Authorization approximately 80% of the time PASPGP-4 Advantages of the PASPGP-4 Eliminates redundancy in the review process Simplified permit review process for applicants Ensures compliance with other Federal Regulations Endangered Species Act National Historic Preservation Act Provides for maximum protection of the commonwealth s aquatic resources. 23

24 PASPGP-4 Impacts above minimal (Category III), DEP forwards the project to USACE to review. Linear project > 250 LF >1 ac total impacts to waters of the US PASPGP-4 is issued separately by the USACE as a separate document. Project cannot begin until both State and Federal Authorization are received. Joint Permit Applications Obstructions and Encroachments that do not qualify for a waiver or GP Joint Review by DEP and USACE Send package to DEP ONLY Small Project: Insignificant impacts No Wetlands Standard Project 24

25 Joint Permit Applications Attachments Small and Standard Application General Information Form Application Fee Act 14 Notification Letters and Proof of Receipts Cultural Resource Notice, Proof of Receipt, and PHMC Sign-off PNDI Receipt and Agency Correspondence, as required PASPGP-4 Project Screening Form Site Plan, Cross Sections, and Profiles USGS Location Map Project Description Narrative Color Photographs with Photo Location Map Environmental Assessment (EA) Wetland Delineation Report Joint Permit Applications Attachments Standard Application ONLY Erosion and Sediment Control Plan and Approval Letter Hydrologic and hydraulic analysis Stormwater Management Analysis with Consistency Letter Floodplain Management Analysis with Consistency Letter Risk Assessment Alternative Analysis Mitigation Plan 25

26 Joint Permit New Fee Schedule APPLICATION FEES: Administrative Filing Fee.$1, Temporary Disturbance..$400/ 0.1ac Permanent Disturbance...$800 / 0.1 ac Permit Decision Guarantee Policy Nov. 14, 2012 High quality applications = speedy review. Extended review times and added procedures for applications that fail to meet the guidelines. Pre-Application Conferences are strongly encouraged by DEP. Completeness Review within 10 days of receiving. Applicant has 10 days to provide missing information or DEP will return the application and keeps the permit fees. 26

27 Permit Decision Guarantee Policy Technical Review Two Strikes Policy First In, First Out no longer valid Priorities based on positive economic benefit for the State or local communities. Review Times GPs (except 11) 50 business days GP business days Joint Permit..93 business days DEP Contact Information DEP Waterways Engineering and Wetlands Southwest Office: Northwest Office: USACE Pittsburgh District Northern Section: Southern Section:

28 Keri D. Cimarolli, Project Manager/Environmental Biologist The Gateway Engineers, Inc x181 OR 28