1. JOINT PERMIT APPLICATION INSTRUCTIONS
  2. FOR A
  3. PENNSYLVANIA WATER OBSTRUCTION ANDENCROACHMENT PERMIT APPLICATION
  4. AND A
  5. U.S. ARMY CORPS OF ENGINEERSSECTION 404 PERMIT APPLICATION
    1. INTRODUCTION
    2. INTRODUCTION
    3. APPLICATION MAILING INSTRUCTIONS
      1. I. ACTIVITIES WHICH REQUIRE A PERMIT
      2. I. ACTIVITIES WHICH REQUIRE A PERMIT
      3. I. ACTIVITIES WHICH REQUIRE A PERMIT
      4. II. WHICH TYPE OF PERMIT TO APPLY FOR
      5. II. WHICH TYPE OF PERMIT TO APPLY FOR
      6. III. COMPLETING THE JOINT PERMIT APPLICATION FORM
      7. III. COMPLETING THE JOINT PERMIT APPLICATION FORM
      8. III. COMPLETING THE JOINT PERMIT APPLICATION FORM
      9. III. COMPLETING THE JOINT PERMIT APPLICATION FORM
      10. III. COMPLETING THE JOINT PERMIT APPLICATION FORM
      11. III. COMPLETING THE JOINT PERMIT APPLICATION FORM
      12. III. COMPLETING THE JOINT PERMIT APPLICATION FORM
      13. III. COMPLETING THE JOINT PERMIT APPLICATION FORM
      14. III. COMPLETING THE JOINT PERMIT APPLICATION FORM
      15. III. COMPLETING THE JOINT PERMIT APPLICATION FORM
      16. III. COMPLETING THE JOINT PERMIT APPLICATION FORM
      17. III. COMPLETING THE JOINT PERMIT APPLICATION FORM
      18. III. COMPLETING THE JOINT PERMIT APPLICATION FORM
      19. APPENDIX IPERMIT WAIVERS
      20. APPENDIX IPERMIT WAIVERS
      21. APPENDIX IPERMIT WAIVERS
      22. APPENDIX IIGENERAL PERMITS
      23. APPENDIX IIGENERAL PERMITS
      24. APPENDIX III
      25. OUTLINE FOR SUGGESTED HYDROLOGY AND HYDRAULICS REPORT FORM
      26. APPENDIX IV
      27. SAMPLE - REQUIREMENTS FOR A PROPOSED BRIDGE
      28. APPENDIX IV
      29. SAMPLE - REQUIREMENTS FOR A PROPOSED BRIDGE
      30. APPENDIX IV
      31. SAMPLE - REQUIREMENTS FOR A PROPOSED BRIDGE
      32. APPENDIX V
      33. LETTER FROM APPLICANT TO MUNICIPALITY AND COUNTY
      34. TO SATISFY ACTS 14, 67, 68 and 127

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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
JOINT PERMIT APPLICATION INSTRUCTIONS

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FOR A

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PENNSYLVANIA WATER OBSTRUCTION AND
ENCROACHMENT PERMIT APPLICATION

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AND A

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U.S. ARMY CORPS OF ENGINEERS
SECTION 404 PERMIT APPLICATION
For more information,
visit DEP's website at
www.dep.gov
US Army Corps
of Engineers

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JOINT PERMIT APPLICATION INSTRUCTIONS
TABLE OF CONTENTS
SECTION
TITLE
PAGE #
INTRODUCTION ................................................................................................................. i
APPLICATION MAILING INSTRUCTIONS ......................................................................... iii - iv
I.
ACTIVITIES WHICH REQUIRE A PERMIT
A.
GENERAL
........................................................................................................... 1
B.
PERMIT WAIVERS .................................................................................................. 1
C.
GENERAL PERMITS ............................................................................................... 1- 2
D.
LIMITED POWER PERMITS.................................................................................... 3
E.
ENVIRONMENTAL ASSESSMENT FORM (E.A. FORM) ....................................... 3
II.
WHICH TYPE OF PERMIT TO APPLY FOR
A.
GENERAL
........................................................................................................... 4
B.
SMALL PROJECTS.................................................................................................. 4 - 5
III.
COMPLETING THE JOINT PERMIT APPLICATION
SECTION A - APPLICATION TYPE .................................................................................. 6
SECTION B - APPLICANT IDENTIFIER............................................................................ 6
SECTION C - PROJECT LOCATION DATA AND STATUS.............................................. 6
SECTION D - AQUATIC RESOURCE IMPACT TABLE .................................................... 6 - 8
SECTION E - COMPLIANCE REVIEW.............................................................................. 8
SECTION F - APPLICATION COMPLETENESS CHECKLIST......................................... 8 - 16
SECTION G - DETERMINATION OF APPLICATION FEES ............................................. 17
SECTION H - ADJOINING PROPERTY OWNERS........................................................... 17
SECTION I - CERTIFICATION AND SIGNATURE .......................................................... 17 - 18
APPENDICES
I.
PERMIT WAIVERS
II.
GENERAL PERMITS
III.
OUTLINE FOR SUGGESTED HYDROLOGY AND HYDRAULICS REPORT FORM
IV.
SAMPLE - REQUIREMENTS FOR A PROPOSED BRIDGE
V.
LETTER FROM APPLICANT TO MUNICIPALITY AND COUNTY TO SATISFY
ACTS 14, 67, 68 AND 127

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INTRODUCTION
i
This booklet is intended to assist the applicant in properly completing a
Joint Permit Application
for a state
(Department of Environmental Protection (DEP))
Water Obstruction and Encroachment permit
and a
federal (U.S. Army Corps of Engineers (the Corps))
Section 9, Section 10 or Section 404
permit. DEP is
committed to the explanation of its permitting requirements and in assisting, to the fullest extent possible, those
persons whose activities require them to secure a state and/or federal permit.
The basic procedure for making application involves submitting three (3) complete application packages
including the General Information Form and Environmental Assessment Form to the appropriate DEP Regional
Office indicated on the
Application Mailing Instructions (page iii).
One copy of the application will be
retained by the Department, one will be forwarded to the Corps, and the third copy will be forwarded to the
Pennsylvania Fish and Boat Commission.
Upon favorable review of the complete application package, the applicant may receive both state and federal
permits for the project.
The following items explain some of the review procedures associated with the application process.
Pre-Application Conferences
The purpose of a pre-application conference is to improve communications between the potential applicant and
the Department staff that will be reviewing any future permit application. Although this requires an investment
of time, it is the Department’s goal that these conferences result in improved applications being submitted by
applicants. Likewise, DEP staff is afforded the opportunity to learn details about the project prior to reviewing
the application.
Pre-application conferences are not required, but are available for anyone requesting a meeting. DEP does
recommend the pre-application meeting for all first time applicants and for complex and technically difficult
projects. DEP staff will review all of the application forms and documentation required to be completed by the
applicant. They will also inform the applicant of any fees, reports or license agreements which may be
required.
PASPGP
The PASPGP (Pennsylvania State Programmatic General Permit) authorizes the discharge of dredged,
excavated or fill material or structures into waters of the United States and waters of the Commonwealth with
1(one) acre or less of proposed impact, including wetlands. The PASPGP is a federal Clean Water Act
Section 404 Permit issued for the Commonwealth of Pennsylvania for processing approximately 80 percent of
the applications received. If appropriate, DEP will provide both state and federal authorizations for the
proposed project.
There is no additional initial work on the part of the applicant to initiate the PASPGP review process. All permit
applications submitted to the Department will be reviewed to determine the scope of the work and the
applicability of the PASPGP. If it is determined that the application does not qualify for this dual (state and
federal) review by DEP, the application will be forwarded to the Corps for a separate federal review. All other
applications will be processed entirely by DEP. In either case, the applicant will be advised as to which
procedure his application is undergoing.

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INTRODUCTION
ii
State Water Quality Certification
A separate issue associated with the permit application process is the need for the applicant to obtain a State
Water Quality Certification as required under Section 401 of the Federal Water Pollution Control Act
(33 U.S.C.A. 1341(a)). There is no need on the part of the applicant to initiate this review; it is initiated by the
Department for each application that is submitted. If DEP approves an application and issues a Water
Obstruction and Encroachment Permit, the review for the State Water Quality Certification will have been
completed and the State Water Quality Certification will be included with the permit.
DEP Permit Review Process and Permit Decision Guarantee
This policy (021-2100-001) establishes a standardized review process and processing times for all Department
permits. For the permits contained in the Permit Decision Guarantee, the Department guarantees to provide
permit decisions within the published timeframes, provided applicants submit complete, technically adequate
applications that address all applicable regulatory and statutory requirements in the first submission. Staff will
follow a Department-wide standard process for receiving, prioritizing, accepting, reviewing, denying, and
approving applications for permits or other authorizations.
The time frame established for completing an application for the 105 program is 93 business days. The
applicant can assist the Department in meeting this goal by providing a complete application package.
Therefore, it is important that the instructions contained in this booklet be followed very closely. Errors,
omissions and other irregularities in the application package must be resolved before any detailed reviews of
an application may begin.
Submerged Lands License Agreement
A Submerged Lands License Agreement (SLLA)
will be required for any regulated water obstruction or
encroachment to occupy submerged lands of this Commonwealth located in a navigable lake or river or stream
declared a Public Highway. No separate action or application for such agreements is required by the
applicant. Upon review of all applications for a
Water Obstruction and Encroachment permit
, DEP will
determine if a SLLA is required. If one is required, it will be prepared and sent to the applicant for signature.
Growing Smarter Legislation
On June 22, 2000, Governor Tom Ridge signed into law "Growing Smarter" initiatives by amending the
Municipalities Planning Code (MPC) with the new laws - Acts 67, 68 and 127. The new law also provides state
agencies additional legal authority to consider local zoning ordinances and comprehensive plans in making
certain permit and funding decisions.
To fulfill its obligation under these new laws, the Department of Environmental Protection (DEP) will take into
consideration local land use plans and ordinances when reviewing permit applications.

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iii
APPLICATION MAILING INSTRUCTIONS
The set of three (3) completed copies of the application, the General Information Form (GIF) and the
Environmental Assessment Form (E.A.) with all other required documents, should be mailed or hand delivered
to the appropriate DEP Regional Office.
PLEASE KEEP THIS SHEET FOR ANY FUTURE
CORRESPONDENCE OR TELEPHONE CONTACTS WITH THE REGIONAL OFFICE.
DEPARTMENT OF ENVIRONMENTAL PROTECTION REGIONAL OFFICES
Joint Permit Applications associated with oil and gas activities –
The Joint Permit Application and other associated documents must be sent to the appropriate DEP Bureau of
District Oil and Gas Operations office listed below.
Bureau of District Oil and Gas Operations
County Responsibility
Northwest District
Northwest Regional Office
Butler, Clarion, Crawford, Elk, Erie, Forest, Jefferson,
230 Chestnut Street
Lawrence, McKean, Mercer, Venango and Warren
Meadville, PA 16335
(814) 332-6860
Southwest District
Southwest Regional Office
Allegheny, Armstrong, Beaver, Cambria, Fayette, Greene,
400 Waterfront Drive
Indiana, Somerset, Washington and Westmoreland
Pittsburgh, PA 15222-4745
(412) 442-4024
Eastern District
Northcentral Regional Office
Adams, Bedford, Berks, Blair, Bradford, Bucks, Carbon,
208 W. Third Street, Suite 101
Cameron, Centre, Chester, Clearfield, Clinton, Columbia,
Williamsport, PA 17701
Cumberland, Dauphin, Delaware, Franklin, Fulton,
(570) 321-6550
Huntingdon, Juniata, Lackawanna, Lancaster, Lebanon,
Lehigh, Luzerne, Lycoming, Mifflin, Monroe, Montgomery,
Montour, Northampton, Northumberland, Perry,
Philadelphia, Pike, Potter, Schuylkill, Snyder, Sullivan,
Susquehanna, Tioga, Union, Wayne, Wyoming and York

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iv
Joint Permit Applications not associated with oil and gas activities –
The Joint Permit Application and other associated documents must be sent to the appropriate DEP
Waterways and Wetlands Program office listed below.
Waterways and Wetlands Program
County Responsibility
Northwest Regional Office
Butler, Clarion, Crawford, Elk, Erie, Forest, Jefferson,
230 Chestnut Street
Lawrence, McKean, Mercer, Venango and Warren
Meadville, PA 16335
(814) 332-6984
Northcentral Regional Office
Bradford, Cameron, Centre, Clearfield, Clinton, Columbia,
208 W. Third Street, Suite 101
Lycoming, Montour, Northumberland, Potter, Snyder,
Williamsport, PA 17701
Sullivan, Tioga and Union
(570) 327-3574
Northeast Regional Office
Carbon, Lackawanna, Lehigh, Luzerne, Monroe,
2 Public Square
Northampton, Pike, Schuylkill, Susquehanna, Wayne and
Wilkes-Barre, PA 18711-0790
Wyoming
(570) 826-2511
Southwest Regional Office
Allegheny, Armstrong, Beaver, Cambria, Fayette, Greene,
400 Waterfront Drive
Indiana, Somerset, Washington and Westmoreland
Pittsburgh, PA 15222-4745
(412) 442-4000
Southcentral Regional Office
Adams, Bedford, Berks, Blair, Cumberland, Dauphin,
909 Elmerton Avenue, Second Floor
Franklin, Fulton, Huntingdon, Juniata, Lancaster, Lebanon,
Harrisburg, PA 17110
Mifflin, Perry and York
(717) 705-4802
Southeast Regional Office
Bucks, Chester, Delaware, Montgomery and
2 East Main Street
Philadelphia
Norristown, PA 19401
(484) 250-5970

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I. ACTIVITIES WHICH REQUIRE A PERMIT
- 1 -
A.
GENERAL:
A Chapter 105 Water Obstruction and Encroachment permit is needed for any structure or
activity which changes, expands or diminishes the course, current or cross section of a
watercourse,
floodway
or
body of water
.
Figure 1.1
shows a cross sectional view of a typical watercourse (stream,
creek, river, etc.) and adjoining floodway. The fee required for a project authorized under this permit shall
be consistent with 25 PA Code §105.13 (relating to regulated activities – information and fees).
Floodways (to carry the 100-year frequency flood) are determined in one of two ways.
Many
municipalities have flood insurance studies and maps prepared by the Federal Emergency Management
Agency (FEMA) which indicate floodway boundaries. Inquiries to the local municipal government will
disclose whether the floodway has been determined along a particular watercourse or body of water. In
the absence of any FEMA determined floodway along a watercourse, the floodway shall be considered to
extend 50 feet landward from the top of each streambank (refer to
Figure 1.1
).
Bodies of water include both natural and artificial lakes, ponds, reservoirs, swamps, marshes and
wetlands. In a few locations, FEMA has delineated a floodway along a body of water. However, in most
cases, no FEMA floodway has been delineated and the 50-foot rule does not apply. A permit is required
only if the structure or activity adjoins or encroaches into the body of water or into the floodway as
defined by FEMA.
Under the Department’s Chapter 106 Rules and Regulations additional permit requirements are placed
upon the Commonwealth, political subdivisions of the Commonwealth and Public Utilities for activities,
structures or an assembly of materials on the
floodplain
which may impede, retard or change flood
flows. The difference between floodway and floodplain is illustrated in Figure 1.2. Since such activities
and structures within the floodway portion of the overall floodplain are already regulated under the
Chapter 105 Rules and Regulations, the Chapter 106 requirements are basically limited to that floodway
fringe area shown in
Figure 1.2
.
The same
Joint Permit Application
shall be used for both
Chapter’s 105 and 106
Water Obstruction and Encroachment permits
.
B.
PERMIT WAIVERS:
Before preparing a joint permit application, the applicant should review the
availability of permit waivers for specified structures and activities. These waivers are listed under
Section 105.12 of DEP’s Chapter 105 Rules and Regulations and have been included in Appendix I of
this section. Most of the waivers are automatic and do not need prior DEP approval. Any person using
such waivers needs only to develop and retain such information as will verify their qualification to use a
waiver. This information would be made available to DEP only if so requested as a result of a general
inquiry or in the investigation of a complaint. The only exceptions to the "automatic" waivers concern
subsections 105.12(a)(4), 105.12(a)(11), 105.12(a)(16) and 105.12(b)(2). These subsections require that
any person wishing to use these permit waivers must first submit specified information to DEP for its
review and approval. The fee required for a project authorized under these permit waivers shall be
consistent with 25 PA Code §105.13 (relating to regulated activities – information and fees).
See
§105.13(c)(2)(iv) for additional information.
C.
GENERAL PERMITS:
Certain regulated structures and activities may qualify for permitting under one of
12 available Department General Permits. Specific limits and restrictions on use are contained in the
instructions for each General Permit. Applicants need only to register their intent to construct the project
in accordance with conditions of the general permit. Contact the appropriate DEP Regional Office
(page iii) (for more information, visit us through the Pennsylvania homepage at www.state.pa.us or visit
DEP directly at
www.dep.pa.gov
) for copies of the General Permits. A list and brief description of the
available General Permits are included in Appendix II of this section. The fee required for a project
authorized under these general permits shall be consistent with 25 PA Code §105.13 (relating to
regulated activities – information and fees).
See §105.13(c)(2)(ii) for additional information.

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I. ACTIVITIES WHICH REQUIRE A PERMIT
- 2 -
DISTANCE FROM TOP OF BANK TO LIMIT OF FLOODWAY AS DETERMINED
BY FEMA FLOOD INSURANCE STUDY. IF NO FEMA STUDY HAS BEEN COMPLETED,
THIS DISTANCE WILL BE 50 FEET.

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I. ACTIVITIES WHICH REQUIRE A PERMIT
- 3 -
D.
LIMITED POWER PERMITS:
These permits are required by the Limited Power Act of June 14, 1923,
P.L. 704, (as amended by the Act of July 19, 1935, P.L. 1363) for all power projects consisting of
complete units of improvements or development for the supply of water power or for the procuring or
supply of light, heat or power, by electricity, consisting of changes in streams to develop water power or
to supply water for stream power. When, upon review of a Joint Permit Application, it is determined that
a Limited Power Permit is required, DEP will forward a separate
Limited Power Permit application
(3100-PM-WE0003)
to the applicant.
E.
ENVIRONMENTAL ASSESSMENT FORM (E.A. FORM):
The Pennsylvania Department of
Environmental Protection requires a review of all environmental impacts associated with activities (see
EA Instructions 3150-PM-BWEW0017 and EA Form 3150-PM-BWEW0017A) or structures in
watercourses, floodways, and/or bodies of water, including wetlands.
If you are seeking a Water
Obstruction and Encroachment Permit to "build in" reservoirs, lakes, ponds, swamps, wetlands, marshes,
bogs, floodways, waterways, or open waters in Pennsylvania, an Environmental Assessment must be
approved by the DEP as part of the permit review process.
The Environmental Assessment is a
necessary part of a complete Chapter 105 Dam Safety and/or Water Obstruction and
Encroachment Permit application.
If you are completing the Environmental Assessment as part of a
permit application, several maps, plans and other information requested herein will have already been
submitted via the application package and do not have to be duplicated. In these instances, please
reference where in the application the information is provided. However, these documents must be
included with the Environmental Assessment if a permit is not required.
IN THE FOLLOWING
CIRCUMSTANCES, A CHAPTER 105 PERMIT IS NOT NECESSARY BUT AN APPROVED
ENVIRONMENTAL ASSESSMENT IS REQUIRED:
§105.12(a)(11)
-
Waiver No. 11 removal of abandoned dams, water obstructions and
encroachments.
§105.12(a)(16)
-
Waiver No. 16 restoration activities associated within an approved
DEP Restoration Plan.
§105.15(b)
-
For structures or activities where water quality certification is
required under Section 401 of the Clean Water Act (33 U.S.
CA. §1341). These activities include but are not limited to Federal
Nationwide Permits (NWP).
§105.15(a)(2) and (3)
-
Non-jurisdictional dams that are located in wetlands or exceptional
value water as defined in Chapter 93.
The fee required for a project authorized under these permit waivers (when a Chapter 105 permit is not
necessary) shall be consistent with 25 PA Code §105.13 (relating to regulated activities – information and
fees). See §105.13(c)(2)(iv) for additional information.
The Environmental Assessment for all Chapter 105 General Permits has been deemed approved by the
Department. Therefore, the Environmental Assessment is not necessary when registering for use of a
General Permit.
For further information regarding Environmental Assessments, please contact the Waterways and
Wetland Program in the appropriate DEP Regional Offices listed on page iii (Application Mailing
Instructions).

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II. WHICH TYPE OF PERMIT TO APPLY FOR
- 4 -
A.
GENERAL:
If you do not qualify for a waiver or general permit, the Department’s Chapter 105 Rules and
Regulations allow for two types (Small Projects and Standard) of joint permit application to be made for a
Water Obstruction and Encroachment Permit. A
Small Projects Application
may be made for projects
in streams and floodplains where insignificant impacts on safety and protection of life, health, property
and the environment can be demonstrated without detailed studies or engineering calculations. For all
other projects including those projects affecting wetlands and those projects where safety and
environmental impacts must be determined through technical studies, a
Standard Application
must be
made. Either type of application can be made using the
Joint Permit Application forms
. The applicant
shall indicate which type of application is being made at the beginning of the forms and then follow
subsequent instructions to complete the application type indicated. The fee required for a project
authorized under this permit shall be consistent with 25 PA Code §105.13 (relating to regulated activities
– information and fees). See §105.13(c)(2) for additional information.
B.
SMALL PROJECTS:
Small Projects are those water obstructions and encroachments located in a
stream or floodplain which will have an "insignificant impact" (see definition below) on safety and
protection of life, health, property and the environment as defined in Chapter 105.1 of the Department’s
regulations.
The Small Projects Application may not be used for projects located in wetlands
.
Examples of small projects include, but are not limited to:
Bridges; culverts; streamside retaining walls; boat and other access ramps; docks; on-grade
construction and excavations within the floodplain; low flow crossings; removal of flood debris;
removal of limited amounts of unvegetated gravel bars; small buildings and similar structures
within the floodplain; repair, reconstruction, widening, extension and replacement of existing
water obstructions; and water pollution treatment devices.
The fee required for a project authorized under this permit shall be consistent with 25 PA Code §105.13
(relating to regulated activities – information and fees). See §105.13(c)(2)(i) for additional information.
INSIGNIFICANT IMPACTS:
Generally speaking, the size and scope of a small project must not
represent an obvious resultant increase in local flood heights or patterns because the activity is small
compared to the overall channel and/or floodplain size. In other cases, a project may appear to cause a
localized increase in flood stages but such increases will be across open or unimproved land owned or
placed under flowage easement by the applicant. The absence of any buildings or other structures in
floodplain areas adjacent to the proposed project also helps to justify a small project. Similar criteria
would apply to judging potential environmental impacts.
SPECIFIC LIMITING CRITERIA FOR SMALL
PROJECTS APPLICATIONS INCLUDE:
1.
No work in wetlands.
2.
No impacts to a Federal wilderness area or national historic site.
3.
No impacts on the habitat of rare, threatened or endangered species or species of special
concern based on a review of the PA Natural Diversity Inventory (the PNDI form is contained in
the application package).
4.
No significant impacts to public water supplies, high quality and exceptional value watersheds,
scenic rivers, and wild and stocked trout streams.
5.
Low flow culvert crossings and bridges must be constructed in accordance with the
specifications and to the general configurations shown in SAMPLE DRAWINGS A1 AND A2.
Fill placed for approach roadways must be minimal.
6.
Except for low flow crossings, all new bridges and culverts should have a single waterway
opening equal to or greater in width than the existing channel in the area of construction.

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II. WHICH TYPE OF PERMIT TO APPLY FOR
- 5 -
7.
Channel excavation projects associated with existing bridges or culverts are generally limited to
50 feet above and below the structure.
8.
Channel restoration work is generally limited to a total length of 200 feet to repair recent flood
damages. Unvegetated gravel bars may be removed down to 6 inches above the water level at
the time of construction. Channels may not be realigned except to restore pre-flood alignments.
Construction equipment shall not be used in the stream channel unless absolutely necessary.
9.
The cross sectional area of buildings or other structures placed in the floodplain must be
insignificant compared to the overall size of the floodplain. The final grade of excavations,
regradings, parking lots and similar work in the floodplain shall, on average, match the existing
land surface grade. For structures, a letter is required from the local municipality indicating
consistency with their local floodplain management program.
10.
Sinkhole repairs in a watercourse must not use any materials regulated by the Solid Waste Act.
NOTES:
(1)
MAXIMUM HEIGHT OF STRUCTURES AND FILL PLACED IN THE CHANNEL MAY NOT EXCEED
[ .6 x D (AVG. CHANNEL DEPTH) ]
(2)
SEE MANUFACTURERS’ SPECIFICATIONS FOR SPACING AND OVERTOPPING FILL REQUIREMENTS
SAMPLE DRAWING A1: LOW FLOW CROSSING
NOTE:
THIS SAMPLE DRAWING SHOWS A PROPOSED BRIDGE THAT DOES NOT INVOLVE PLACING ABUTMENTS OR PIERS WITHIN
THE CHANNEL, IT HAS AN UNDERCLEARANCE THAT DOES NOT EXTEND BELOW THE LOWEST NATURAL STREAMBANK
ELEVATION, AND THE PROJECT DOES NOT INVOLVE PLACING SUBSTANTIAL FILL TO BUILD UP THE APPROACHES.
THEREFORE, STRUCTURE DIMENSIONS AND CONSTRUCTION MEET GUIDELINES CRITERIA.
SAMPLE DRAWING A2: TYPICAL BRIDGE CROSSING

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III. COMPLETING THE JOINT PERMIT APPLICATION FORM
- 6 -
SECTION A - APPLICATION TYPE:
Place an "X" in either the STANDARD or SMALL PROJECTS
block to indicate type of application being made.
SECTION B - APPLICANT IDENTIFIER: Applicant Name:
Please fill in the requested information
about the applicant (the owner) as accurately as possible. If privately owned, please list all owners. If
owned by a partnership, please list all members. If owned by a corporation, a political subdivision, or a
Commonwealth department, board, commission, receiver, trustee or authority, please list the name of the
entity.
SECTION C - PROJECT LOCATION DATA AND STATUS:
Provide the USGS name of the stream, river or body of water. If none, enter “unnamed”. If wetland,
enter "wetland". Provide the Chapter 93 Water Quality Standards designation (25 Pa. Code § 93).
Place an "X" in the appropriate Corps District block. Baltimore District covers the Susquehanna River
Basin; Philadelphia District covers the Delaware River Basin; Pittsburgh District covers the Ohio River
basin, and portions of the Lake Erie and the Genessee River Basins located in Pennsylvania.
Provide the name of the USGS 7 1/2 minute Quadrangle map where the project is located and
provide the other site location information as requested. Each application must contain a project
location map drawn to, or otherwise utilizing an existing 1:24000 scale (1 inch equals 2,000 feet).
This is the scale used on U.S.G.S. 7.5 minute topographic maps. (A current list of USGS Map
Dealers in Pennsylvania is available on the internet at www.usgs.gov).
A photocopy of the
appropriate U.S.G.S. topographic map, with the project site identified, is the recommended method to
comply with this requirement). The photocopy must include a 3-inch radius of map coverage around
the project site.
If a U.S.G.S. photocopy is used for a location map, all the requirements of
Subsection 105.13(d)(1)(ii) of DEP’s regulations will be satisfied. Refer to that subsection for required
location map features if another type, or hand drawn map is used.
Provide a concise and accurate narrative of the project type, purpose and need.
Place an "X" in the appropriate box if any portion of the proposed project has been authorized. If yes,
provide the date authorized. Please attach a detailed description of those portions of the project that
have been authorized.
SECTION D - AQUATIC RESOURCE IMPACT TABLE:
Please prepare and provide a detailed worksheet of the waters and/or wetlands impacts associated with
the project work site as requested in Section E, Item 8; include the unique identifier, project/site name,
date and applicant name/client, project information (including latitude and longitude) and waters and/or
wetlands impact data in table format. Provide one row of data for each regulated (DEP Chapter 105 and
Corps Section 404) structure or activity and type of impact for the proposed project based on the
instructions for each requirement below; all dimensions should be reported to the nearest one (1) foot,
rounding up.
Please place an “X” in the appropriate box to indicate what is included in the Aquatic Resources Impact
Table indicate that all items are included or indicate and list those items which were not included.
Depending on the details of project, not all impact types will be included in the table.
Project Information:
?
Structure / Activity Unique Identifier for each regulated structure and/or activity being
proposed
?
Aquatic Resource being impacting; stream or wetland

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?
Aquatic Resource Type; based on wetland or stream
o
Stream type: perennial, intermittent, ephemeral stream or floodway
o
Wetland type: PEM, PSS, PFO or POW wetland
?
Latitude (dd nad 83)
?
Longitude (dd nad 83)
?
Work proposed / impact type: aerial, boring, excavation or fill
?
Waters Name: name of the stream or wetland (if available)
?
PA Code Chapter 93 Designation:
Army Corps of Engineers / Section 404 jurisdictional area:
?
Corps Impact Type: temporary, permanent or n/a;
Permanent Impacts – For the purpose of the PASPGP-5, permanent impacts are
defined as waters of the United States, including jurisdictional wetlands indefinitely
filled, flooded, excavated, or drained as a result of the regulated activity. Permanent
impacts may or may not be considered a loss of waters of the United States, as
defined above, since some permanent impacts, such as those associated with bank
stabilization and stream/wetland enhancement projects, may not have a permanent
adverse effect.
Temporary Impacts – For the purpose of the PASPGP-5, temporary impacts are
defined as waters of the United States, including jurisdictional wetlands not filled,
flooded, excavated, or drained for an indefinite period of time, and restored to pre-
construction contours and elevation.
?
"n/a" if no proposed work in, over, or under waters and/or wetlands
?
Stream Impact: width, length and area of stream impact;
o
Width: top of bank to top of bank, of transverse and/or full channel fill stream impacts;
o
Length: down the center line of stream, of transverse and/or full channel fill stream
impacts;
o
Area: direct and indirect/secondary stream impact; dewatering or fill placed in stream
channel;
?
"n/a" if impact is to a wetland OR if "n/a" to Corps Impact Type
?
Wetland Impact: area of impacts to wetlands; indicate "n/a" if impact is to a stream OR if
"n/a" to Corps Impact Type
DEP / Chapter 105 jurisdictional area:
?
PADEP Impact Type: temporary or permanent.
Permanent Impacts are those areas affected by a water obstruction or encroachment
that consist of both direct and indirect impacts that result from the placement or
construction of a water obstruction or encroachment and include areas necessary for
the operation and maintenance of the water obstruction or encroachment located in,
along or across, or projecting into a watercourse, floodway or body of water.
Temporary Impacts are those areas affected during the construction of a water
obstruction or encroachment that consists of both direct and indirect impacts located
in, along or across, or projecting into a watercourse, floodway or body of water that are
restored upon completion of construction. This does not include areas that will be
maintained as a result of the operation and maintenance of the water obstruction or

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encroachment located in, along or across, or projecting into a watercourse, floodway
or body of water (these are considered permanent impacts).
?
Floodway Impact:
direct and indirect/secondary 100-year floodway impact, including
watercourse;
?
Wetland Impact: Provide the square feet area of impacts to wetlands; indicate "n/a" if impact
is to a stream
Provide completed aquatic resource impact table with Chapter 105 Water Obstruction and Encroachment
application/registration. The
Aquatic Resources Impact Table (3150-PM-BWEW0557)
worksheet or
equivalent may be used to complete this requirement.
SECTION E - COMPLIANCE REVIEW:
Place an "X" in either the YES or NO block to indicate if
applicant (owner and/or operator) are currently in violation of any permits issued by the Department. If
YES – complete the necessary information for questions 1 – 3. Use additional sheets of paper, if
required, and attach to application.
SECTION F - APPLICATION COMPLETENESS CHECKLIST:
Applicant must place an entry - Y = Yes,
N = No, N/A = Not Applicable - for each requirement in the column designated as Applicant Entry. If you
are applying under the
Small Projects Application
format, place an entry in only those spaces prefixed
by an asterisk (*).
The Department’s review of all applications begins with a determination of completeness.
If an
application package is incomplete, the Department will correspond with the applicant and request
submission of corrected and/or previously omitted documents. The Department’s 93 business day goal
for review and decision of permit applications will not begin until a complete application has been
received.
See Section 105.13 of the DEP’s Chapter 105 Rules and Regulations for specific
requirements. Additional guidance for the required checklist items is as follows:
CHECKLIST ITEMS:
a.
General Information Form (GIF):
Complete and attach to each copy of the application package,
the "PERMIT APPLICATION - GENERAL INFORMATION" form.
Additional instructions for
completing this form are provided at the front of the application package.
Permit application
properly signed, sealed and witnessed:
See detailed instructions contained in
Section I
of the
permit application.
b.
Application Fee enclosed (see Section G):
Please attach the check made payable to
"Commonwealth of Pennsylvania Clean Water Fund"
to the front of the application package.
c.
Copies and proof of receipt - Acts 14/67/68/127 notification:
Act 14 Municipal and County
Notification requires that the Department wait 30 days from the date of project notification to both
the local and county governments before issuing its permit(s). DEP must receive a copy of the
Act 14 notification letters to each affected municipality and
proof
that each municipality received
the notification.
DEP is specifically inviting the local municipality and the county to submit
comments to DEP related to comprehensive plans and zoning ordinances under Acts 67 and 68.
Act 14 notices must be amended to include specific language as outlined on the sample notification
letter (see Appendix VII).
d.
Cultural Resource Notice:
Complete and attach to each copy of the application package,
completed form "Cultural Resource Notice" for the determination of historic/archaeological sites.

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Also attach a copy of the return receipt and, when applicable, the PHMC review letter. Additional
instructions for completing this notice is provided with the form.
e.
Pennsylvania State Programmatic General Permit -5 (PASPGP-5) Reporting Criteria
Checklist:
Complete and attach to each copy of the application package, the “PASPGP-5
Reporting Criteria Checklist” (3150-PM-BWEW0051) to determine the appropriate PASPGP-5
review procedure. Additional instructions for completing this screening are included on the form.
f.
Bog Turtle Habitat Screening:
Bog Turtle Habitat screening is required for permit applications
which may impact wetlands in the following counties: Adams, Berks, Bucks, Carbon (Aquashicola
Creek Watershed only), Chester, Cumberland, Dauphin (Swatara Creek Watershed Only),
Delaware, Franklin (Antietam Creek Watershed Only), Lancaster, Lebanon, Lehigh, Monroe,
Montgomery, Northampton, Schuylkill (Swatara Creek Watershed only) and York. Complete and
attach to each copy of the application package, the “Request for a Bog Turtle Habitat Screening”
(3150-PM-BWEW0550) and a copy of either a “No Effect” determination from the Army Corps of
Engineers or a copy of documented clearance from the US Fish and Wildlife Service.
g.
Pennsylvania Natural Diversity Inventory (PNDI) Search:
Coordination with the Pennsylvania
Natural Heritage Program (PNHP) regarding the presence of Federal threatened and endangered
(T&E) species and State T&E species or species of special concern on the project site is a
regulatory requirement for this permit application/registration. Early coordination (prior to
submission) with the appropriate jurisdictional agencies using the PA Conservation Explorer,
previously known as the Pennsylvania Natural Diversity Inventory (PNDI) Environmental Review
Tool (PNDI ER Tool), is the most effective means of timely permit decisions. The PA Conservation
Explorer can be accessed at the
www.naturalheritage.state.pa.us/
website. First time users will
have to register at the website before conducting the review. Upon completion of the review, a
PNDI Receipt, valid for a period of two years from the date the search was conducted, is
automatically available for printing. To provide proof of coordination with PNHP and PNDI,
applicants must submit a PNDI Receipt as part of the permit application/registration.
PNDI reviews can still be obtained free-of-charge for users without access to a computer using the
standard process of requesting a project review directly from each jurisdictional agency—PA
Department of Conservation and Natural Resources (DCNR), PA Game Commission (PGC), PA
Fish and Boat Commission (PFBC) and the U.S. Fish and Wildlife Service (US FWS) instead of
generating a PNDI Receipt instantly through the PA Conservation Explorer. The standard PNDI
review process user is responsible for securing PNDI Receipts from each jurisdictional agency—
DCNR, PGC, PFBC and the U.S. FWS.
?
PNDI Receipts from each jurisdictional agency will be included with the application/registration
package. The PNDI review is not complete or satisfied unless PNDI Receipts are included from
all four jurisdictional agencies listed above. Applicants are encouraged to use the PA
Conservation Explorer because using this tool is the most effective means of a timely permit
decision.
If the review determines there are potential impacts to a T&E species or species of special concern,
the PNDI Receipt will provide an explanation of the potential impact(s) and instructions on how to
resolve the potential impact(s).
READ AND FOLLOW THESE INSTRUCTIONS CAREFULLY.
Following the procedure outlined by the Department of Environmental Protection (DEP) in the
Policy for Pennsylvania Natural Diversity Inventory (PNDI) Coordination During Permit Review and
Evaluation
, No. 021-0200-001
(PNDI Policy)
will allow applicants to meet regulatory requirements.

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There are two options available to applicants for handling PNDI coordination in conjunction with
DEP’s Permit Review Process: sequential review and concurrent review.
Sequential Review:
?
The applicant runs the PNDI search and completes all coordination with the appropriate
jurisdictional agencies prior to submitting the permit application/registration. The applicant
will include with the application/registration a signed PNDI Receipt, and clearance letter(s)
from the jurisdictional agency(ies) if the PNDI Receipt shows a Potential Impact.
?
If selecting sequential review, different items are required to be included as part of the
permit application/registration package based on the search results:
o
If the PNDI Receipt shows “No Known Impact”, please provide a copy of the signed
PNDI Receipt.
o
If the PNDI Receipt contains “Avoidance Measures”, the PNDI review is not complete or
satisfied unless the applicant has signed where required on the PNDI Receipt, indicating
he/she can and will fulfill the Avoidance Measure(s) for that project. DEP recommends
including Avoidance Measures in the Project Description. Please provide a copy of the
PNDI Receipt signed as explained above and in the certification section.
?
If the applicant cannot or chooses not to meet the Avoidance Measure(s), he/she
must follow the same process for PNDI Receipts showing “Potential Impact”, outlined
below.
?
If the PNDI Receipt shows "Potential Impact”, DEP and the jurisdictional agencies require
that the applicant provides additional information, outlined in the PNDI Receipt, to the
agencies noted on the receipt for further review. Please provide a copy of the signed PNDI
Receipt showing “Potential Impact” AND the additional information outlined in the PNDI
Receipt along with proof of delivery to the appropriate jurisdictional agency(ies) where
further coordination is required. If this coordination is not complete prior to submitting the
permit application/registration package; the application/registration will be subject to the
concurrent review process as outlined below.
Concurrent Review:
?
The applicant runs the PNDI search and will engage in consultation with the applicable
jurisdictional agency(ies). DEP will allow technical review of the permit to occur concurrently
with the T&E species or species of special concern consultation with the jurisdictional
agency(ies)
?
If selecting a concurrent review, the applicant will include with the permit
application/registration a signed PNDI Receipt processed through the PA Conservation
Explorer
OR
PNDI receipts from each jurisdictional agency if the standard process of
requesting a project review was used.
o
It is important to note, however, that the concurrent review option carries certain risks
and consequences to the applicant, including:
?
The permit may not be issued/acknowledged until each potential impact is resolved.
See DEP’s
Permit Review Process and Permit Decision Guarantee Policy,
Document No. 021-2100-001
(PRP/PDG Policy)
?
The proposed activity subject to the permit application/registration may need to be
redesigned as a result of the PNDI consultation
(
PNDI Policy
pages 7-8).
Note: Any

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substantive project or design changes to the application will require a new
application and fee to be submitted.
h.
Plans:
The applicant must prepare a site plan, cross-sectional drawings and any other drawings as
needed to clearly illustrate, in graphic form, the specific construction details and potential hydraulic
impacts of the proposed project. These plans must be submitted on size 8 ½" x 11" paper or on
larger sized paper provided each sheet is individually folded to 8 ½" x 11" size. Any plans received
in rolls or that have not been folded to the proper size will be discarded and will be sufficient cause
to consider the application incomplete. All drawings shall contain a title block at the lower right
corner of the sheet. The title block shall contain the project name, name of the applicant, name of
the plan PREPARER (if different then the applicant) and the date the plan was prepared.
(1)
Site Plan:
A site plan must be included in the application which provides a complete plan
view of the proposed structure or activity and those adjoining upstream and downstream
areas where potential and/or actual hydraulic or environmental impacts will occur (see Sample
Site Plans). Specific requirements are as follows:
(a)
Plans shall clearly show existing and proposed limits for all regulated waters of this
Commonwealth (edges of streams, rivers, lakes, swamps, bogs, marshes, wetlands,
ponds or reservoirs) and the limits of their floodplains. When the proposed worksite is
located within a detailed Federal Emergency Management Agency (FEMA) flood
insurance study area, the existing and proposed FEMA 100-year frequency
floodway
limits must be shown on the site plan. When the project involves impacts to wetlands,
the wetland boundaries must be delineated in accordance with the Department’s
Wetland Delineation Policy (see Environmental Assessment Form).
(b)
Plans must be drawn to a scale of 1 inch equals 200 feet or larger and show all
proposed structures or activities and all existing roads, utility lines, lots (show property
lines and names of adjoining property owners), buildings and other man-made structures
in the area of the proposed project. Natural features such as contours, surface drainage
patterns and other prominent topographic features should be illustrated. A north arrow
must be placed on the site plan.
(c)
When required under subsection 105.13(i) of the Department’s regulations, the plans
must be affixed with a registered professional engineer’s seal and certification.
(2)
Cross Sectional Drawings:
A cross sectional drawing of existing and proposed conditions at
the project site must be included on the site plan or on a separate plan (see Sample Plans in
Appendix IV). If the proposed project causes changes in upstream or downstream flood water
surface elevations, cross sectional drawings are required for the channel and floodway
conditions in these areas.
All cross sections must show existing and proposed design
discharge water surface elevations and the 100-year frequency flood water surface elevation.
(3)
Profiles:
Certain regulated activities require that a plan profile drawing be prepared. Profiles
require that the streambed, normal water surface and flood water surfaces be plotted (see
Figure III-2). This requirement is listed under (and must be completed for) the following
subsections:
105.151 - Culverts and Bridges
105.191 - Stream Enclosures
105.231 - Channel Changes and Dredging
105.261 - Fills, Levees, Floodwalls and Streambank Retaining Devices

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i.
Location map:
Provide an 8 ½" x 11" copy of a 7.5 minute U.S.G.S. quad map with map name.
j.
Project description narrative:
Provide a detailed description of the project including proposed
impacts to waters and/or wetlands, structure type(s), amounts of excavation/fill and what purpose
the activity will serve. For example:
The project will consist of placing a 48-inch CM pipe
culvert in Pine Creek with 2 feet of rock fill overtop to provide vehicle access to our new
home. There is no other existing access to this site.
The narrative must also describe in detail
what effects the project will have on public health, safety and the environment. The narrative must
contain a statement on why the project must be built in, along, across or over a watercourse,
floodway or body of water. Is there an alternative to the proposed project that would not require
such impacts?
If the PNDI Project Environmental Review Receipt for the project contains Avoidance Measures,
please include the Avoidance Measures in the description.
Please prepare and provide a detailed chart of each proposed impact to waters and/or wetlands as
it pertains to the project’s activities per the instructions provided in Section D. Include a unique
identifier (
i.e. Stream 1, Wetland 3, etc
) which will be used in all related items. The
Aquatic
Resource Impact Table (3150-PM-BWEW0557)
worksheet or equivalent which provides all of the
details requested must be attached as part of the Registration package.
k.
Color photographs with map showing location taken:
Provide color photographs of the
proposed site that accurately depict the project area and areas of proposed impact. In addition,
provide a relative scale of the project to the surrounding area and a map showing the location and
orientation of each photograph. The number of photographs needed to meet this requirement will
vary with the size and/or length of proposed work. For singular or small worksites such as a bridge
project, two photographs taken at the site, one looking upstream and one looking downstream, may
be all that is required if the adjoining channel reaches and overbank areas are not obscured by
trees, brush or similar visual impediments. In such cases, additional photos will be needed looking
upstream and downstream to the bridge site. Also, more photos may be required in overbank areas
to show the relative location, elevation and condition of nearby buildings and the area that the
bridge approach roadways will occupy. For extensive projects such as channel realignment or
restoration projects, photos looking upstream and downstream should be taken at regular intervals
along the proposed workreach. Again, the interval of these photo reference sites will be dictated by
the degree of visual impediments existing along the proposed workreach.
Three sets of color photographs (one set for each permit application package) are required and
they should be mounted in transparent photo holders or glued/taped to a 8 ½" x 11" piece of
cardboard. The photo reference number, in ink, should be placed on the lower left corner of each
photo along with the date the photo was taken. To the photograph sheet(s) attach a copy of the
general site plan and mark the site of each photo (number) on the map (See Sample Photo
Reference Map in Appendix III). From the photo site, draw a short arrow in the direction that the
photo was taken.
l.
Environmental Assessment form:
An incomplete Environmental Assessment form will result in
the entire application being considered
INCOMPLETE
. Please refer to "Environmental Assessment
Form (E.A. Form) Instructions."

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STOP IF YOU ARE APPLYING FOR A SMALL PROJECTS PERMIT. YOU HAVE COMPLETED ALL THE
NECESSARY REQUIREMENTS FOR ATTACHMENTS TO THE APPLICATION PACKAGE UPON
REACHING SECTION F, ITEM l. GO TO SECTION G AND COMPLETE THE REST OF THE APPLICATION.
IF YOU ARE APPLYING FOR A STANDARD PERMIT, CONTINUE ON TO COMPLETE SECTION F,
ITEMS m. THROUGH t. AND THEN THE REST OF THE APPLICATION.
m.
Erosion and Sediment Control Plan and approval letter:
Attach copies of a letter of plan
approval from the appropriate county conservation district and copies of the actual Erosion and
Sediment Control Plan that was approved.
n.
Hydrologic and hydraulic analysis:
This analysis should be prepared as a separate report and
contain the seal and certification statement of the licensed Professional Engineer who prepared the
report, when appropriate. The following is a
suggested
format to be used in the preparation of a
HYDROLOGY AND HYDRAULICS
(H & H) Report. Under each section title, a discussion is
presented on what information is required and where to secure that information.
(1) SITE HISTORY AND CONDITIONS:
List all historical flood data that can be secured for this
site or structure including existing conditions and problems. Typical items to be addressed
include:
(a)
Flood records. This can be flood records secured from nearby U.S.G.S. gaging stations,
municipal flood records or eyewitness accounts by area residents. Flood events must
be presented as either a discharge rate, such as cubic feet/second or as a high water
mark indexed to local elevations or referenced to a point on a local permanent structure.
All flood events must be dated. If known, list past flood damages to homes or other
structures in the project area.
(b)
Site Conditions. State what flooding problems exist at this site (if any) that will be
corrected by the proposed project. Note any adverse influences on site conditions
caused by nearby structures such as bridges, culverts, fills, etc.
(2) HYDROLOGY:
The objective of this part of the report is to list, or show the calculations
performed to determine the design and 100-year frequency flood discharges for the proposed
worksite. If the site is located within the limits of a detailed Federal Emergency Management
Agency (FEMA) flood insurance study, contact the local municipality to find the 100-year and
other frequency flood discharges.
No other listed or computed flood discharges will be
accepted for sites located within a FEMA detailed flood study area.
In the absence of any flood records, studies or other published flood records, the design and
100-year frequency flood discharges must be determined through the use of currently accepted
methods for determining rainfall and runoff amounts.
(a)
RAINFALL DETERMINATIONS - The Department recommends use of the following
to determine rainfall amounts or intensities.
(i)
Rainfall Duration Frequency Tables for Pennsylvania
- This DEP publication
may be obtained by sending a request to:
DEP - Bureau of Watershed Management
Division of Water Use Planning
10th Floor, Rachel Carson State Office Building
P.O. Box 8555
Harrisburg, PA 17105-8555

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(ii)
SCS TR-55, Urban Hydrology for Small Watersheds
- Copies of SCS’s TR-55
may be obtained by contacting:
National Technical Information Service
5301 Shawnee Road
Alexandria, VA 22312
Telephone (703) 605-6585
http://www.ntis.gov/
Publication Number: NTIS # PB87-101580/AS
(iii) Weather Bureau Technical Paper 40, U.S. Department of Commerce,
Hershfield, D.M.
- This publication is no longer in print although past copies are
still in wide use by engineering consultants. It is the basis for the rainfall maps
included
in
TR-55.
It
is
available
as
a
pdf
document
here:
http://www.nws.noaa.gov/oh/hdsc/PF_documents/TechnicalPaper_No40.pdf
(b)
RUNOFF CALCULATIONS - The Department recommends the use of the following
methods to determine design and 100-year frequency flood discharges:
(i)
Rational:
This method is widely discussed and explained in engineering/hydrology
texts. We recommend reference to the discussion and use of the worksheets
contained in the Department’s
Erosion and Sediment Pollution Control
Program Manual.
This manual can be obtained by contacting:
DEP - Bureau of Waterways Engineering and Wetlands
Division of Waterways, Wetlands and Training
2nd Floor, Rachel Carson State Office Building
P.O. Box 8460
Harrisburg, PA 17105-8460
Telephone (717) 787-8568
(ii)
SCS TR-55, Urban Hydrology for Small Watersheds:
See previous reference
under Rainfall Determinations, Part ii. for where to obtain copies.
(iii) Procedure PSU-IV for Estimating Design Flood Peaks on Ungaged
Pennsylvania Watersheds (manual and computerized versions).
(iv) Other Methods and Computer Models:
The use of other hydrology methods
including computer programs will be accepted on a case by case basis. All
submissions must be clear and adequately illustrated with factors, coefficients and
other components clearly referenced.
Input data and results from computer
models must be summarized or listed for review.
NOTE:
Usual practice is to use two separate methods to compute and compare site
hydrology.
(3) HYDRAULIC ANALYSIS:
This part of the report must clearly demonstrate the difference in
hydraulic capacity, stability and flood water surface elevations between existing and proposed
conditions. For example, if the proposed project is to consist of enlarging a 500-foot reach of
channel for flood control, the capacity of both the existing channel section and proposed
channel section must be computed. This will also produce flow velocities from which channel
stability may be reviewed. Finally, the design and 100-year frequency flood water surface
elevations may be plotted. The amount of increase in flood water surface elevations allowed

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under the Chapter 105 Rules and Regulations varies with the type of structure/activity and its
location.
The Department recommends the following computational methods or programs be used for
hydraulic analysis:
(a)
Mannings Equation - Used to determine the capacity of, and flow velocity within, open
channel sections. Refer to the Department’s Erosion and Sediment Pollution Control
Program Manual for details on how to use Mannings Equation.
(b)
Hydraulic Design of Highway Culverts, HDS No. 5, U.S. Department of Transportation,
FHA. This publication is used to determine the capacity of, and water surface elevations
for flow through culverts and some small bridges. There is also a computer version titled
HY-8. This publication may be obtained by contacting:
National Technical Information Service
5301 Shawnee Road
Alexandria, VA 22312
Telephone (703) 605-6585
http://www.ntis.gov/
Publication Number: NTIS # PB86-196961/AS
(c)
HEC-2 Water Surface Profiles, U.S. Army Corps of Engineers. This is a computer
program used for backwater analysis of existing and proposed channel conditions. This,
or a similarly detailed backwater analysis, is required to establish the changes (if any) in
flood water surface elevations caused by the proposed project. This program may be
obtained through the Corps or from various commercial software retailers.
(d)
HEC-RAS River Analysis System. This is a computer program which allows the user to
perform one-dimensional steady flow, unsteady flow, and sediment transport calculations.
Information on this program can be obtained from:
U.S. Army Corps of Engineers
Hydrologic Engineering Center
609 Second Street
Davis, CA 95616
Telephone (530) 756-1104
The Chapter 105 Rules and Regulations contain specific permit application information
requirements (in addition to those in Section 105.13) and design, construction, operational
and/or maintenance approval criteria under the following Subchapters:
Subchapter C. Culverts and Bridges
Subchapter D. Stream Enclosures
Subchapter E. Channel Changes and Dredging for Facility Construction and
Maintenance
Subchapter F. Fills, Levees, Floodwalls and Streambank Retaining Devices
Subchapter G. Stream Crossings, Outfalls and Headwalls
Subchapter H. Docks, Wharves and Bulkheads
Subchapter I. Commercial Dredging
Subchapter J. Discharges of Dredged or Fill Material

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The applicant must demonstrate in the H & H report that all appropriate Subchapter
requirements have been met. An outline for a suggested Hydrology and Hydraulics Report is
listed in Appendix V.
o.
Stormwater
Management
Analysis
w/consistency letter:
Water
obstructions
and
encroachments requiring DEP permits are often additionally regulated under local municipal
stormwater control ordinances adopted under the Stormwater Management Act (32 P.S.
§§ 680.1-680.17). If such an ordinance exists, an analysis of the proposed project’s impact on the
Stormwater Management Plan must be undertaken and reviewed by the local municipality. The
analysis and a letter of review from the municipality must be included in the application package.
p.
Floodplain Management Analysis w/consistency letter:
If the proposed water obstruction or
encroachment is located within a floodway delineated on a FEMA map, an analysis of the project’s
impact on the floodway delineation and water surface profiles may be required. The analysis and a
letter of review from the municipality must be included in the application package.
q.
Risk Assessment:
If the stormwater and/or the floodplain management analysis conducted under
items l or m indicate increases in peak runoff rates or flood elevations, include as a separate
document, a description of property and land uses which may be affected and an analysis of the
degree of increased risk to life, property and the environment.
r.
Professional engineer’s seal and certification:
If the proposed water obstruction or
encroachment poses a threat to human life or substantial potential risk to property, the plans,
specifications and reports accompanying such applications shall be affixed with the seal of a
registered professional engineer and a certification, signed by the registered professional engineer,
which shall read as follows:
"I (name) do hereby certify pursuant to the penalties of 18 Pa.
C.S.A., Section 4904 to the best of my knowledge, information
and
belief,
that
the
information
contained
in
the
accompanying plans, specifications and reports has 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
Protection."
s.
Alternatives Analysis:
As a separate document, an analysis must be performed detailing
practicable alternatives to the proposed activities, including alternative locations, routings, designs,
etc., to avoid or minimize adverse environmental impacts.
t.
Mitigation plan:
The mitigation plan must be a separate document which describes how project
planning employed mitigation concepts as defined in DEP’s Chapter 105 Rules and Regulations. If
these impacts cannot be eliminated, then the mitigation plan must include details and plans for
replacing the impacted environment. The specific replacement resources or environments must be
itemized and construction, operation and maintenance activities must be detailed in the plan. As
defined under Section 105.1 of DEP’s Chapter 105 Rules and Regulations,
Mitigation
is:
(i)
An action undertaken to accomplish one or more of the following:
(A) Avoid and minimize impacts by limiting the degree or magnitude of the action and
its implementation.
(B) Rectify the impact by repairing, rehabilitating or restoring the impacted
environment.

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III. COMPLETING THE JOINT PERMIT APPLICATION FORM
- 17 -
(C) Reduce or eliminate the impact over time by preservation and maintenance
operations during the life of the action.
(ii)
If the impact cannot be eliminated by following clauses (A)-(C), compensate for the
impact by replacing the environment impacted by the project or by providing substitute
resources or environments.
SECTION G - DETERMINATION OF APPLICATION FEES:
The fee required for a project authorized under this permit shall be consistent with 25 PA Code §105.13
(relating to regulated activities – information and fees).
To determine the application fee, please
complete the
Chapter 105 Fee(s) Calculation Worksheet (3150-PM-BWEW0553)
which includes
examples. Please provide the completed worksheet and a check for the applicable fee(s) made payable
to the “Commonwealth of Pennsylvania Clean Water Fund.”
To determine the acreages for permanent and temporary impacts for establishing the disturbance fees in
the fee calculation worksheet referenced above, the following definitions should be used:
Permanent Impacts are those areas affected by a water obstruction or encroachment that consist of
both direct and indirect impacts that result from the placement or construction of a water obstruction
or encroachment and include areas necessary for the operation and maintenance of the water
obstruction or encroachment located in, along or across, or projecting into a watercourse, floodway
or body of water.
Temporary Impacts are those areas affected during the construction of a water obstruction
or encroachment that consists of both direct and indirect impacts located in, along or across,
or projecting into a watercourse, floodway or body of water that are restored upon
completion of construction. This does not include areas that will be maintained as a result of
the operation and maintenance of the water obstruction or encroachment located in, along
or across, or projecting into a watercourse, floodway or body of water (these are considered
permanent impacts).
Examples and clarifying language are provided in the fee calculation worksheet. The acreages
determined for establishing disturbance fees may not be the same acreages that are used for the
purposes of compensatory mitigation.
Reference should also be made to the definition for Small Projects. Per §105.13(c)(2)(i) Small Projects
require a Joint Application for a Water Obstruction and Encroachment Permit and therefore will follow the
same fee requirements.
The determination of application fees is for the DEP permit only. Upon receipt of a copy of the
application package, the U.S. Army Corps of Engineers will determine if any federal permit application
fees apply. If fees are required, the applicant will be so advised.
SECTION H - ADJOINING PROPERTY OWNERS:
List the name and address of all property owners whose properties adjoin the project site property.

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III. COMPLETING THE JOINT PERMIT APPLICATION FORM
- 18 -
SECTION I - CERTIFICATION AND SIGNATURE:
Please sign, indicate title and date in the appropriate locations. The Joint Permit Application package will
not be accepted unless the original form and copy are signed and dated by the applicant/owner and
witnessed.
Clarification on applicant/owner signature:
Individual – The Registration form must be signed by all owners listed within the deed of the
property or lease/rental agreement with their original signatures.
For Individual(s), no
indication of title is necessary
.
Corporations – The Registration form must be signed by the President or Vice President,
Attested by the Secretary (Assistant Secretary) or Treasurer (Assistant Treasurer).
If others are signing on behalf of the corporation,
a document evidencing delegation of
contracting authority must be provided. Acceptance of the delegated documentation is
at the sole discretion of DEP. Absent satisfactory documentation of signatory authority,
only the above officers will be accepted as appropriate signatories.
Government agencies – The Registration form must be signed by the Chief Officer or the
President/Vice President of the government agency, if incorporated. Chief Clerk, Secretary
or Treasurer Signature is required to witness or attest.
Partnerships – The Registration form must be signed by either one general partner to bind
the partnership or all partners must sign. For Limited Partnerships (LP), where each
individual is a general partner, any general partner may sign. If a corporation is a general
partner, the signage must 1) indicate the name of the corporation, 2) that it is a general
partner, and 3) the signature of the President or Vice President
and
the signature of the
Secretary or Treasurer.
If others are signing on behalf of the Limited Partnership,
a document evidencing
delegation of contracting authority must be provided.
Acceptance of the delegated
documentation is at the sole discretion of DEP. Absent satisfactory documentation of
signatory authority, only the above officers will be accepted as appropriate signatories.
Limited Liability Companies – The Registration form must be signed by a member for a
Limited Liability Company (LLC), where it is member managed; where it is manager
managed, a manager must sign. Please indicate whether the person is signing as a
“Member” or as a “Manager” of the LLC, according to the Company’s Limited Liability
Company Operating Agreement.
If anyone other than a “Member” or “Manager” are signing on behalf of the LLC,
documentation of authority to sign on behalf of the LLC must be provided.

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APPENDIX I
PERMIT WAIVERS
I-1
"§ 105.12. Waiver of permit requirements.
(a)
Under section 7 of the act (32 P.S. § 693.7), the requirements for a permit are waived for the
following structures or activities, regardless of when commenced. If the Department upon
complaint or investigation finds that a structure or activity which is eligible for a waiver, has
a significant effect upon safety or the protection of life, health, property or the environment,
the Department may require the owner of the structure to apply for and obtain a permit under
this chapter.
(1)
A dam not exceeding 3 feet in height in a stream not exceeding 50 feet in width,
except wild trout streams designated by the Fish Commission.
(2)
A water obstruction in a stream or floodway with a drainage area of 100 acres or less.
This waiver does not apply to wetlands located in the floodway.
(3)
An aerial crossing of a non-navigable stream or wetland by electric, telephone or
communication lines which are not located in a Federal wilderness area or
watercourse or body of water designated as a wild or scenic river under the Wild and
Scenic Rivers Act of 1968 (16 U.S.C.A. §§ 1271-1287) or the Pennsylvania Scenic
Rivers Act (32 P.S. §§ 820.21-820.29).
This waiver applies to one or more wires
attached aboveground to single poles. This does not apply to the maintenance and
construction of towers, roads or other water obstructions or encroachments.
(4)
A dam subject to the requirements of the Mine Safety and Health Administration,
30 CFR 77.216-1 and 77.216-2 (relating to water, sediment or slurry impoundments
and impounding structures; identification; and water, sediment, or slurry
impoundments or impounding structures; minimum plan requirements; changes or
modifications; certification), if the Department determines on the basis of preliminary
data submitted by the applicant that the dam is of a Size Classification C and Hazard
Potential Classification 3 as defined in § 105.91 (relating to classification of dams and
reservoirs) and is not located in a watercourse or body of water designated as a wild
and scenic river under the Wild and Scenic Rivers Act of 1968 or the Pennsylvania
Scenic Rivers Act.
(5)
A water obstruction or encroachment located in, along, across or projecting into a
wetland or impoundment, constructed and maintained for the purpose of treating acid
mine drainage, sewage or other waste, if the wetland or impoundment is a treatment
facility constructed under a valid permit issued by the Department under the Surface
Mining Conservation and Reclamation Act (52 P.S. §§ 1396.1-1396.31), The Clean
Streams Law (35 P.S. §§ 691.1-691.1001), the Noncoal Surface Mining Conservation
and Reclamation Act (52 P.S. §§ 3301-3326), the Solid Waste Management
Act (35 P.S. §§6018.101-6018.1003), the Oil and Gas Act (58 P.S. §§601.101-601.605)
and the Pennsylvania Sewage Facilities Act (35 P.S. §§750.1-750.20).
(6)
A water obstruction or encroachment located in, along, across or projecting into a
stormwater management facility or an erosion and sedimentation pollution control
facility which meets the requirements in Chapter 102 (relating to erosion control), if
the facility was constructed and continues to be maintained for the designated
purpose.

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APPENDIX I
PERMIT WAIVERS
I-2
(7)
Maintenance of field drainage systems that were constructed and continue to be used
for crop production. Crop production includes:
(i)
Plowing, cultivating, seeding, grazing or harvesting.
(ii)
Crop rotation.
(iii)
Government set aside programs.
(8)
Plowing, cultivating, seeding or harvesting for crop production.
(9)
Construction and maintenance of ford crossings of streams for individual private
personal use which require only grading of banks for approach roads and the
placement of not more than 12 inches of gravel for roadway stability. Fords may not
be used for commercial purposes and shall cross the regulated waters of this
Commonwealth in the most direct manner. This waiver does not apply in exceptional
value streams as listed under Chapter 93 (relating to water quality standards) or in
wild trout streams.
(10)
A navigational aid or marker, buoy, float, ramp or other device or structure for which
a permit has been issued by the Fish Commission under 30 Pa. C.S. § 5123(a)(7)
(relating to general boating regulations).
(11)
The removal of abandoned dams, water obstructions and encroachments if the
Department determines in writing on the basis of data, information or plans submitted
by the applicant that the removal of the abandoned dam, water obstruction or
encroachment cannot imperil life or property, have significant effect on coastal
resources or have an adverse impact on the environment, and the plans provide for
restoration and stabilization of the project area.
(12)
The construction, operation or removal of staff gages, water recording devices, water
quality testing devices, including, but not limited to, sensors, intake tubes, weirs and
small buildings which contain required instruments and similar scientific structures.
(13)
A bridge or culvert purchased from an operating railroad company subsequent to the
abandonment of the railroad line, track, spur or branch pursuant to the approval of
the Interstate Commerce Commission.
Major maintenance or reconstruction, or
stream dredging may not be undertaken until the new owner obtains a permit under
this chapter.
(14)
The maintenance of an artificial pond or reservoir to its original storage capacity
where:
(i)
The contributory drainage area is less than or equal to 100 acres.
(ii)
The greatest depth of water at maximum storage elevation is less than or equal
to 15 feet.
(iii)
The impounding capacity at maximum storage elevation is less than or equal
to 50 acre feet.

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APPENDIX I
PERMIT WAIVERS
I-3
(15)
The construction and maintenance of an encroachment or water obstruction on an
abandoned mining site, where the Department has issued a notice of intent to forfeit
the bond for a mining activity permitted after July 1982.
(16)
Restoration activities undertaken and conducted pursuant to a restoration plan which
has been approved, in writing, by the Department.
(b)
The requirements for a permit for existing structures or activities, as provided in section 6(c)
of the act (32 P.S. § 693.6(c)), are waived for the following structures or activities, if
construction was completed prior to July 1, 1979. If the Department upon complaint or
investigation finds that a structure or activity which is eligible for a waiver, has a significant
effect upon safety or the protection of life, health, property or the environment, the
Department may require the owner of the structure or activity to apply for and obtain a
permit under this chapter.
(1)
A dam not exceeding 5 feet in height in a nonnavigable stream operated and
maintained for water supply purposes.
(2)
A dam which the Department determines, on the basis of preliminary data submitted
by the applicant, is of Size Classification C and Hazard Potential Classification 3, as
defined in § 105.91 and does not have a significant effect on coastal resources or an
adverse impact on the environment.
(3)
A fill not located on navigable lakes and navigable rivers.
(4)
A streambank retaining device.
(5)
A stream crossing other than a crossing located on submerged lands of this
Commonwealth and a crossing by pipelines for conveyance of petroleum products
and gas.
(6)
An outfall, headwall or water intake structure.
(7)
A culvert, bridge or stream enclosure on a watercourse where the drainage area
above the culvert, bridge or stream enclosure is 5 square miles or less.
(c)
Structures and activities shall meet the construction, operation, maintenance, monitoring
and other requirements of this chapter. No other permits which may be required under a law
other than the act are waived by this section."
Note: Fish Commission references are now Fish and Boat Commission.

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APPENDIX II
GENERAL PERMITS
II-1
BWEW-GP-1 FISH HABITAT ENHANCEMENT STRUCTURES
Used for the installation, operation and maintenance of fish habitat enhancement structures in the
regulated waters of this Commonwealth.
BWEW-GP-2 SMALL DOCKS AND BOAT LAUNCHING RAMPS
Used for the installation, operation, modification and maintenance of small docks and boat launching
ramps in and along the regulated waters of this Commonwealth.
BWEW-GP-3 BANK REHABILITATION, BANK PROTECTION AND GRAVEL BAR REMOVAL
Used for 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.
BWEW-GP-4 INTAKE AND OUTFALL STRUCTURES
Used for the construction, operation and maintenance of intake and outfall structures in, along, across or
projecting into the regulated waters of this Commonwealth.
BWEW-GP-5 UTILITY LINE STREAM CROSSINGS
Used for the installation, operation and maintenance of utility line stream crossings of the regulated
waters of this Commonwealth.
BWEW-GP-6 AGRICULTURAL CROSSINGS AND RAMPS
Used for the installation, operation and maintenance of agricultural crossings and ramps in the regulated
waters of this Commonwealth.
BWEW-GP-7 MINOR ROAD CROSSINGS
Used for: (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 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.
BWEW-GP-8 TEMPORARY ROAD CROSSINGS
Used for the construction, operation and maintenance of temporary road crossings of the regulated
waters of this Commonwealth.
BWEW-GP-9 AGRICULTURAL ACTIVITIES
Used for the installation, operation, modification and maintenance of certain agricultural activities that
encroach into streams and their floodways or bodies of water wholly or partially within or forming part of
the boundary of this Commonwealth. Such approved activities include grassed or lined waterways,
terraces, diversions, waste storage facilities, spring development and minor drainage that supports these

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APPENDIX II
GENERAL PERMITS
II-2
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 the 25 PA Code,
Chapter 102 Regulations and approved by the county conservation district.
BWEW-GP-10 ABANDONED MINE RECLAMATION
Used for 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.
BWEW-GP-11: MAINTENANCE, TESTING, REPAIR, REHABILITATION, OR REPLACEMENT OF
WATER OBSTRUCTIONS AND ENCROACHMENTS
Authorizes the maintenance, testing, repair, rehabilitation and replacement of existing water obstructions
and encroachments including currently serviceable bridges, culverts, utility lines, and docks.
The
applicant will be required to register the project by submitting written notice and all applicable information
to the department.
BWEW-GP-15 PRIVATE RESIDENTIAL CONSTRUCTION IN WETLANDS
Used for 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 permittee prior to November 22, 1991, within established subdivisions approved by the
local governing authority where such activities do not impact greater than 0.50 acre of non-tidal wetlands.

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APPENDIX III
OUTLINE FOR SUGGESTED HYDROLOGY AND HYDRAULICS REPORT FORM
III-1
The following is an outline for suggested Hydrology and Hydraulics report format.
HYDROLOGY AND HYDRAULIC REPORT
(NAME OR IDENTIFICATION NUMBER OF STRUCTURE/ACTIVITY)
(STATION #, MILE POST MARKER # OR OTHER SPECIAL IDENTIFICATION)
(NAME OF STREAM, RIVER OR BODY OF WATER IF NOT LISTED ABOVE)
(MUNICIPALITY)
(COUNTY)
1.
SITE HISTORY AND CONDITIONS
a.
Flood records
b.
Site conditions
2.
HYDROLOGY
a.
Rainfall determinations
b.
Runoff calculations or listing of existing determinations.
3.
HYDRAULIC ANALYSIS
a.
Hydraulic calculations for capacity of existing and proposed conditions.
b.
Flood water surface calculations/determinations (develop profiles, maps and cross
sectional drawings).
c.
Streambed/streambank stabilization study. Design of remedial measures.
d.
Determination if Risk Assessment is required.
e.
Attachments, computer runs, etc.

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APPENDIX IV
SAMPLE - REQUIREMENTS FOR A PROPOSED BRIDGE
IV-1
The following is provided as an example of requirements for a proposed bridge (Subchapter C) and a
recommendation on how to complete these requirements.
EXAMPLE 1: PROPOSED BRIDGE
"Subchapter C. CULVERTS AND BRIDGES
PERMITS
§ 105.151. Permit applications for construction or modification of culverts and bridges.
In addition to the information required under § 105.13 (relating to permit applications—information and
fees), applications for permits under this subchapter for the construction or modification of culverts
and bridges shall contain the following:
(1)
Plans showing the location, type, size and height of the proposed bridge or culvert and
detailing the topographic features, elevations and structures so as to enable an appraisal of
the hazard potential of the structure."
[This is basically a duplication of the "site plan"
requirement specified under Section 105.13(d)(1)(i). Accordingly, a separate "H & H" site plan is
not required.]
(2)
"A description of the character of the stream bed and banks and a profile of the stream for a
reasonable distance above and below the proposed site, showing slopes of bed, normal
water surface and flood water surface."
[See Sample Drawing A2 for an example of a profile
drawing. Such profiles may be hand drawn or computer generated. When a project is located in a
FEMA flood study area, a photocopy of the FEMA profile must be used with the altered flood water
surfaces clearly shown.]
(3)
"A hydrologic and hydraulic analysis which shall include:
data on size, shape, and
characteristics of the watershed; the amount and frequency of the design flood; the
hydraulic capacity of the structure; the hydraulic capacity of the channel upstream and
downstream; and, where flooding is a problem, flood damage and backwater analysis."
[The
"hydrologic" portion of analysis will be completed as previously discussed (see pages 9-11). The
level of hydraulic analysis required (see pages 11-12) will depend on the actual structure proposed,
its impacts and the potential threat to nearby homes and other properties. New or replacement
bridges must be analyzed relative to the changes in flood water elevations between existing and
proposed conditions. In subsequent portions of this example, specific design criteria will be listed
and this must be used in the analysis.
"DESIGN CRITERIA FOR CONSTRUCTION OR MODIFICATION
§ 105.161. Hydraulic capacity
a.
Bridges and culverts shall be designed and constructed in accordance with the following criteria:
(1)
The structure shall pass flood flows without loss of stability."
[Based on the results of the
hydraulic analysis, additional calculations may be required to demonstrate that the structure will
pass design flows without damages to abutment footers, wingwalls, etc., or from overtopping during
larger flood events.]

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APPENDIX IV
SAMPLE - REQUIREMENTS FOR A PROPOSED BRIDGE
IV-1
(2)
"The structure may not create or constitute a hazard to life or property, or both."
[The results
of the hydraulic analysis must clearly demonstrate that the proposed structure will not increase flow
velocities or flood water elevations to the extent of adversely impacting or threatening life or
property.]
(3)
"
The structure may not materially alter the natural regime of the stream."
[This typically refers
to creation of standing water upstream, or increased flow velocity downstream of the proposed
structure that would permanently alter normal stream flow characteristics. The hydraulic analysis
must demonstrate that neither condition will occur.]
(4)
"
The structure may not so increase velocity or direct flow in a manner which results in
erosion of stream beds and banks."
[This refers to a change in downstream flow direction and/or
increase in flow velocity that would cause damage to the stream bed or banks. The hydraulic
analysis must demonstrate that flows exiting the structure are not sufficient to initiate erosion of the
existing stream bed or banks. If exit velocities will initiate erosion, the analysis must then include
the hydraulic design of energy dissipaters, rock riprap or similar stabilization works needed to offset
the effects of the proposed structure. Refer to the Department’s Erosion and Sediment Pollution
Control Manual for additional discussion on design considerations for these problems.]
(5)
"
The structure may not significantly increase water surface elevations."
[This is a critical
requirement and must be analyzed on a case by case basis. See the following subsection (e) for
additional specific requirements.]
(6)
"
The structure shall be consistent with local flood plain management programs."
[This
requirement may be satisfied through compliance with Section 105.13 (d)(1)(vi) requirements. This
requirement also applies to local flood plain management programs where no detailed FEMA flood
studies have been completed.]
b.
"In determining flood flows and frequencies for purposes of this subchapter, hydrologic analysis
shall be by methods generally accepted in the engineering profession."
[Actual recommendations
have been made in the "HYDROLOGY" section (see pages 9-11).]
c.
The general criteria for design flows are as follows:
(1)
Rural area - 25-year frequency flood flow.
(2)
Suburban area - 50-year frequency flood flow.
(3)
"Urban area - 100-year frequency flood flow."
[These requirements are self explanatory. However, the Department will review, on a case by case
basis, requests to lower or raise this criteria due to geological, environmental, future development
and other unique site conditions.]
d.
"The determination of flood flows for design shall be made with reasonable consideration of
development which may alter the runoff characteristics of the watershed during the anticipated
life of the structure. Specific design requirements in subsection (c) may be varied to fit the
conditions at the site and the requirements of flood plain management regulations and
ordinances."
[This requires the applicant to check with the local municipality and/or county planning
commission to determine projected development in the watershed and to determine any municipal design

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APPENDIX IV
SAMPLE - REQUIREMENTS FOR A PROPOSED BRIDGE
IV-3
requirements in excess of those listed in subsection (c). Based on the results of such inquiry, the design
flow for the project may be adjusted to fit these requirements.]
e.
"The structure shall pass the 100-year frequency flood with less than a 1.0-foot increase in the
natural unobstructed 100-year water surface elevation, except where the structure would be
located in a floodway which is delineated on a FEMA map, in which case no increase in the
100-year water surface elevation will be permitted. Exceptions to this criteria may be approved by
the Department if the applicant prepares a risk assessment which demonstrates, and the
Department finds, that the structure will not significantly increase the flooding threat to life and
property or the environment, and if applicable, is consistent with the municipal floodplain
management programs adopted under the National Flood Insurance Program and a FEMA Flood
Insurance Study. This information may be obtained from the Department of Community and
Economic Development, Governor’s Center for Local Government Services, 4th Floor,
Commonwealth Keystone Building, Harrisburg, Pennsylvania 17120."
[This requires that a
hydraulic analysis be performed that clearly demonstrates that the proposed work will not cause more
than the allowable increase in flood water surface elevations. If the analysis shows more than the
allowable increase, then the applicant should consider project redesign. If a redesign is not possible,
then a risk assessment must be prepared and attached to the application package. The applicant would
mark "Y" (Yes) for the "Risk Assessment" (Section F o) on the Application Completeness Checklist on
Page 2 of the application. The Risk Assessment must clearly demonstrate that the increased flood water
surfaces will not cause an increased flooding threat to life, property or the environment. When located in
a FEMA flood study area, the Risk Assessment must include documentation that the municipality has
contacted FEMA about the proposed flood water surface increases and will be taking those necessary
steps to revise the FEMA flood study to reflect such increases.]
****The above provides a good example of how, in completing one mandatory permit application
requirement, the need for a secondary requirement is established. In this case, if the hydraulic
analysis shows flood water surface increases within the allowable limits, no risk assessment would
be required and on page 2 of the application, an entry of "N/A" (not applicable) would be made for
"Section F o" of the Application Completeness Checklist. If the allowable limits are exceeded, then
the Risk Assessment must be prepared and "Section F o" on the checklist would be marked with a
"Y" (yes).
The example will end at this point. However, the applicant should be aware that if working on a real
application, similar considerations as discussed would be required for the remaining
subsections 105.162 through 105.166, concerning culverts and bridges.

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APPENDIX V
LETTER FROM APPLICANT TO MUNICIPALITY AND COUNTY
TO SATISFY ACTS 14, 67, 68 and 127
V-1
Note: This letter may be duplicated and used as a fill-in form letter, with one copy to be
addressed and sent certified mail to the County Commissioners or Clerk for county
notification; and to the Secretary, Township Supervisors, Manager, Mayor or Borough Council,
as appropriate for municipal notification.
Date
Dear
:
The purpose of this notice is to inform you of our intent to submit an application to the Pennsylvania
Department of Environmental Protection (DEP) for the following application:
1.
Project Name:
2.
Project Description:
3.
Applicant Name:
4.
Applicant Contact:
(provide name, address and phone #)
5.
Site Location:
6.
Municipality/County:
Section 1905-A of the Commonwealth Administrative Code, as amended by Act 14, requires that each
applicant for a DEP permit must give written notice to the municipality(ies) and the county(ies) in which the permitted
activity is located. The written notices shall be received by the municipality(ies) and county(ies) at least 30 days before
the Department may issue or deny the permit.
"Acts 67 and 68, which amended the Municipalities Planning Code to support sound land use practices and
planning efforts, direct state agencies to consider comprehensive plans and zoning ordinances when reviewing
applications for permitting of facilities or infrastructure, and specify that state agencies may rely upon comprehensive
plans and zoning ordinances under certain conditions as described in Sections 619.2 and 1105 of the Municipalities
Planning Code. Enclosed is a General Information Form (GIF) we have completed for this project. DEP invites you to
review the attached GIF and comment on the land use aspects of this project; please be specific to DEP when
identifying any areas of conflict. If you wish to submit comments for DEP to consider in a land use review of this project,
you must respond within 30 days to the DEP regional office listed below. If there are no land use comments received
by the end of the comment period, DEP will assume that there are no substantive land use conflicts and proceed with
the normal application review process."
Please submit any comments concerning this project within 30 days from date of receipt of this letter to the
DEP Waterways and Wetland Program at
.
For more information about this land use review process, please visit
www.dep.pa.gov
, (keyword: Land Use
Reviews).
Sincerely,
Enclosure (completed GIF)

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