3150-PM-BWEW0501 Rev. 8/2013
    COMMONWEALTH OF PENNSYLVANIA
    DEPARTMENT OF ENVIRONMENTAL PROTECTION
    BUREAU OF WATERWAYS ENGINEERING AND WETLANDS
    GENERAL PERMIT
    BWEW-GP-1
    FISH HABITAT ENHANCEMENT STRUCTURES
    TABLE OF CONTENTS
    PAGE
    INSTRUCTIONS FOR USING THE GENERAL PERMIT
    ..........................................................................i
    PART ONE: APPLIES SPECIFICALLY TO BWEW-GP-1
    A.
    GENERAL DESCRIPTION AND FEES ................................................................................... 1-1
    B.
    SITES AND CONDITIONS WHERE THIS GENERAL PERMIT DOES NOT APPLY ............. 1-1
    C.
    DEFINITIONS APPLICABLE TO THIS GENERAL PERMIT ................................................... 1-1
    D.
    PROJECT DESIGN AND CONSTRUCTION CRITERIA ......................................................... 1-2
    E.
    COOPERATIVE ADOPT-A-STREAM PROGRAM - SPECIAL PROCEDURES ..................... 1-3
    F.
    AUTHORITY AND CONTINUING AUTHORIZATION ............................................................. 1-3
    PART TWO: APPLIES TO BWEW-GP-1 AND OTHER BWEW GENERAL PERMITS
    A.
    REGISTRATION OF PROPOSED USE OF GENERAL PERMITS ........................................... 2-1
    B.
    DENIAL OF AUTHORIZATION .................................................................................................. 2-2
    C.
    STANDARD DEFINITIONS FOR GENERAL PERMITS ............................................................ 2-2
    D.
    PRECONSTRUCTION REQUIREMENTS FOR ALL PROJECTS............................................. 2-3
    E.
    OTHER PRECONSTRUCTION REQUIREMENTS WHERE APPLICABLE .............................. 2-4
    F.
    STANDARD PROVISIONS OF THE GENERAL PERMIT ......................................................... 2-4
    ATTACHMENTS:
    DRAWING NO. 1 - SAMPLE LOCATION MAP
    EXHIBIT A - OFFICES OF THE PENNSYLVANIA FISH AND BOAT COMMISSION
    EXHIBIT B - REGIONAL OFFICES OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION AND
    U.S. ARMY CORPS OF ENGINEERS DISTRICT OFFICES
    EXHIBIT C - COUNTY CONSERVATION DISTRICTS
    GENERAL PERMIT REGISTRATION FORM (INCLUDES SINGLE AND COMPLETE PROJECT
    SCREENING QUESTIONNAIRE)
    PENNSYLVANIA NATURAL DIVERSITY INVENTORY FORM

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    - i -
    INSTRUCTIONS FOR USING THE GENERAL PERMIT
    BWEW-GP-1
    Fish Habitat Enhancement Structures
    PRIOR TO REGISTRATION TO USE:
    1.
    Carefully review the definitions and requirements of the General Permit (Part One and Part Two) to
    determine if your project can qualify for authorization under this General Permit. Refer to Part One,
    Section B regarding area restrictions and Part One, Section D regarding criteria. If your project
    cannot be authorized under the General Permit, you may request approval of an individual permit
    by submitting an application to the appropriate Permitting and Technical Services Section in the
    Regional Office as listed on Exhibit B.
    2.
    Contact the Pennsylvania Fish and Boat Commission, Division of Environmental Services or
    Division of Property Services at address and telephone number shown on Exhibit A to select a
    suitable structure and obtain Pennsylvania Fish and Boat Commission approval on the General
    Permit Registration form. For the Cooperative Adopt-A-Stream Program, the Pennsylvania Fish
    and Boat Commission will also register the use of the General Permit on behalf of the project
    sponsor.
    3.
    Locate your project on a United States Geological Survey (U.S.G.S.) 7½ Minute Quadrangle Map
    1
    and prepare a project LOCATION MAP, utilizing a photocopy of the U.S.G.S. Quadrangle Map.
    4.
    Complete the Pennsylvania Natural Diversity Inventory (PNDI) Form and submit it to the person
    conducting the online PNDI Project Planning and Environmental Review Tool search. This person
    performing the search could be someone from DEP, the County Conservation Districts, or a
    consultant. Alternatively, if you plan to conduct the PNDI online search yourself – a search form is
    not needed prior to the PNDI online search.
    After conducting the PNDI online search, if your PNDI Project Environmental Review Receipt has
    "Potential Impacts," DEP and the jurisdictional agencies require that you submit additional
    information to the agencies noted on the Receipt for further review. Please send a copy of the
    PNDI Receipt, a completed PNDI Form, and a USGS 7.5 minute quadrangle map with project
    boundaries delineated on the map to the agencies referenced on your PNDI Receipt.
    5.
    For any earthmoving activity
    2
    associated with your project, prepare an Erosion and Sediment
    Control Plan which must be reviewed and determined satisfactory by the County Conservation
    District in the county where your project is located. The required Erosion and Sediment Control
    Plan must be prepared and submitted to the Conservation District for review prior to or concurrent
    with your registration to use the General Permit.
    THE REGISTRATION PROCEDURE:
    6.
    Fill in all information on the GENERAL PERMIT REGISTRATION form and make multiple copies.
    Send one copy each to the municipality and the county in which the project is located.
    7.
    To register use of the General Permit, prepare a complete registration “package” consisting of:
    -
    Two Copies of the GENERAL PERMIT REGISTRATION form
    -
    Two copies of the LOCATION MAP
    -
    Two copies of the PNDI form and an initialed search receipt
    1
    Commonly called “topographic maps”, U.S.G.S. Quadrangles may be available from local merchants dealing in books, hunting
    supplies and camping equipment.
    2
    For the definition of earthmoving activity, see Part Two, Section C.

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    Send these items to either:
    -
    The County Conservation District for projects located in all counties where there is a
    delegation agreement (see Exhibit C).
    - OR -
    -
    The Permitting and Technical Services Section having responsibility for the counties where
    there is no delegation agreement with the County Conservation District (see Exhibit B).
    8.
    If you are also applying for an individual Water Obstruction and Encroachment Permit to authorize
    related work, you may register to use the General Permit in conjunction with your individual permit
    application (See Part Two, Section A, Item 2).
    BEFORE AND DURING CONSTRUCTION:
    9.
    Do not begin work until:
    a.
    You have received an acknowledgement from the Permitting and Technical Services Section
    or County Conservation District that your General Permit Registration form has been
    received and registered.
    b.
    Your Erosion and Sediment Control Plan has been reviewed and determined to be
    satisfactory by the County Conservation District.
    c.
    You have notified the Pennsylvania Fish and Boat Commission and the County Conservation
    District 10 days prior to start of construction (See Part Two, Section D).
    d.
    You have obtained any other Federal, State or local permits which may be required.
    e.
    You have complied with any other applicable preconstruction requirements as listed in
    Part Two, Section E.
    f.
    You have provided written notifications to the municipalities and county where the projects
    are located prior to the start of construction.
    10.
    During construction of your project, you are responsible for adhering to all terms and conditions of
    the General Permit, including your approved Erosion and Sediment Control Plan and all applicable
    design and construction criteria in Part One, Section D.

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    COMMONWEALTH OF PENNSYLVANIA
    DEPARTMENT OF ENVIRONMENTAL PROTECTION
    BUREAU OF WATERWAYS ENGINEERING AND WETLANDS
    GENERAL PERMIT
    BWEW-GP-1
    FISH HABITAT ENHANCEMENT STRUCTURES
    PART ONE
    A.
    GENERAL DESCRIPTION AND FEES
    - The Department of Environmental Protection hereby
    authorizes, by General Permit, subject to the terms and criteria set forth, the installation, operation
    and maintenance of fish habitat enhancement structures in the regulated waters of this
    Commonwealth.
    The fee required for a project authorized under this General Permit shall be
    consistent with 25 PA Code §105.13 (relating to regulated activities – information and fees).
    B.
    SITES AND CONDITIONS WHERE THIS GENERAL PERMIT DOES NOT APPLY
    - This General
    Permit does not apply and is not valid in the following situations. Where the General Permit is not
    applicable, you may request approval of an individual permit by submitting an application to the
    appropriate Permitting and Technical Services Section in the Regional Office (see Exhibit B).
    1.
    Historic, cultural or archaeological sites as identified in the latest published version of the
    Pennsylvania Inventory of Historical Places or the National Register of Historical Places.
    This information is available from the Pennsylvania Historical and Museum Commission,
    400 North Street, Second Floor, Harrisburg, PA 17120-0093, telephone (717) 783-8946.
    2.
    Sites identified in the latest published version of the National Registry of Natural Landmarks.
    3.
    Construction activities in stocked trout streams from March 1 through June 15, in wild trout
    streams from October 1 through December 31, and in Lake Erie tributaries from March 1
    through June 15 and from September 1 through December 31, unless approval is obtained
    from the Pennsylvania Fish and Boat Commission‟s Division of Environmental Services (see
    Exhibit A). Stocked and wild trout stream locations are compiled by the Commission‟s
    Division of Fisheries Management (see Exhibit A).
    4.
    Wetlands.
    5.
    Projects located where there would be an impact on species of special concern listed under
    the Endangered Species Act of 1973, the Wild Resources Conservation Act, the Fish and
    Boat Code or the Game and Wildlife Code. Records regarding species of special concern
    are maintained in a computer database called the “Pennsylvania Natural Diversity Inventory”
    (PNDI). To verify that there will be no such impacts for a specific project, the Department
    requires submission of the attached PNDI Form and an initialed search receipt.
    6.
    Areas in or within 100 feet of a watercourse designated wild in the National or State Scenic
    Rivers system in accordance with the National Wild and Scenic Rivers Act of 1968 or the
    Pennsylvania Scenic Rivers Act. For details on scenic river classifications, contact the
    DCNR, Division of Greenways and Conservation Partnerships, Pennsylvania Scenic Rivers
    Program, P.O. Box 8475, Harrisburg, PA 17105-8475, telephone (717) 787-2316.
    C.
    DEFINITIONS APPLICABLE TO THIS GENERAL PERMIT
    - The following words and terms, when
    used in this General Permit, have the following meanings:
    FISH HABITAT ENHANCEMENT STRUCTURES - Structures consisting of deflectors, low flow
    channel structures, channel blocks, mud sills, boulders, felled shoreline trees, special tire
    structures, brush structures, rubble reefs, half-log structures, elevated boulder structures and
    spawning/nursery structures placed in streams, lakes, ponds or reservoirs as developed and
    approved by the Pennsylvania Fish and Boat Commission.

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    RESERVOIR - A natural or artificial basin which contains or will contain the water or other fluid or
    semifluid impounded by a dam.
    D.
    PROJECT DESIGN AND CONSTRUCTION CRITERIA
    1.
    PENNSYLVANIA FISH AND BOAT COMMISSION APPROVAL - The owner must contact
    the Pennsylvania Fish and Boat Commission‟s Division of Property Services or Division of
    Environmental Services (see Exhibit A) to select a Fish Habitat Enhancement Structure
    suitable for his individual situation and obtain the required approval of the Pennsylvania Fish
    and Boat Commission to install the structure as required on the General Permit Registration
    form.
    2.
    Fish Habitat Enhancement Structures shall be designed and constructed to preclude inter-
    ference with normal fish migration.
    3.
    Stream flow will not be constricted to a degree greater than the most narrow natural point of
    the stream in the immediate vicinity of the work within 500 feet upstream or downstream of
    the project site.
    4.
    Fish Habitat Enhancement Structures located in stream channels shall not extend more than
    3 feet above the normal stream bed. Tire structures are prohibited in stream channels.
    5.
    Any archaeological artifacts discovered during the performance of work authorized under
    this General Permit must be adequately protected and their discovery promptly reported to
    the Bureau for Historic Preservation, Pennsylvania Historical and Museum Commission,
    400 North Street, Harrisburg, PA 17120-0093, telephone (717) 787-2891.
    6.
    Each Fish Habitat Enhancement Structure shall be constructed in such a way so that it does
    not hinder recreational navigation.
    7.
    Excess fill or excavated and dredged material from the construction of a Fish Habitat
    Enhancement Structure shall be deposited outside of the adjacent floodplain, wetlands and
    other regulated waters of this Commonwealth and stabilized immediately in accordance with
    the Erosion and Sediment Control Plan. Waste materials, scrap or excess construction
    materials shall be collected, stored and disposed of in accordance with the Solid Waste
    Management Act and related rules and regulations.
    8.
    Fish Habitat Enhancement Structures shall be maintained in a safe and functional condition.
    This includes the removal of debris. Where maintenance requires excavation or dredging,
    an Erosion and Sediment Control Plan must be reviewed and determined adequate by the
    County Conservation District in which the activity is located. Disposal of dredged material
    shall be in accordance with Item 7.
    9.
    Only a clean, nonpolluting, rock material shall be used as fill material in order to minimize
    excessive turbidity by leaching of fines as well as to preclude the entrance of potentially
    polluted materials to the watercourse by natural runoff.
    10.
    Slag is not authorized for use under this General Permit unless it qualifies as a co-product
    which is suitable for the specific use.
    11.
    Construction of a Fish Habitat Enhancement Structure shall take place during periods
    coinciding with low stream flows.
    12.
    Construction and other activities authorized by this General Permit shall be performed in a
    manner that minimizes use of equipment within the stream channel or body of water.
    13.
    To the greatest extent possible, the project shall be designed and constructed in a manner
    which will (a) prevent permanent or long-term adverse changes in water quality, (b) minimize
    alterations in natural aquatic habitat and (c) maintain natural stream flow velocities and
    mixing patterns.

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    E.
    COOPERATIVE ADOPT-A-STREAM PROGRAM - SPECIAL PROCEDURES
    - The Pennsylvania
    Fish and Boat Commission is authorized to register the use of this General Permit on behalf of
    sponsors and landowners who participate in the Commission„s Cooperative Adopt-A-Stream
    Program. To register use of the General Permit for Adopt-A-Stream projects, the Commission shall
    utilize a modified version of the General Permit Registration form named Alternative “Exhibit D”
    which has been approved by the Department and the U.S. Army Corps of Engineers. The standard
    attachments to the General Permit Registration form, as specified in Part Two, Section A, are not
    required to register the use of this General Permit for a Cooperative Adopt-A-Stream Project.
    F.
    AUTHORITY AND CONTINUING AUTHORIZATION
    - Authorization of this General Permit is under
    section 7 of the Dam Safety and Encroachments Act (32 P.S. §§693.1-693.27) and the rules and
    regulations promulgated thereunder at 25 Pa. Code §§105.441-105.449 (relating to General
    Permits). This General Permit shall authorize the continued operation and maintenance of fish
    habitat enhancement structures previously authorized by General Permit BWEW-GP-1 (Fish
    Enhancement Structures) issued on July 25, 1981 and reauthorized on August 29, 1987 and
    October 7, 1989.

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    COMMONWEALTH OF PENNSYLVANIA
    DEPARTMENT OF ENVIRONMENTAL PROTECTION
    BUREAU OF WATERWAYS ENGINEERING AND WETLANDS
    GENERAL PERMIT
    PART TWO
    A.
    REGISTRATION OF PROPOSED USE OF GENERAL PERMITS
    1.
    Standard Procedure
    Prior to construction, the owner shall submit the following items to the DEP Permitting and
    Technical Services Section in the appropriate Regional Office or the delegated County
    Conservation District where the project is located (see Exhibits B and C):
    (a)
    Two copies of the GENERAL PERMIT REGISTRATION form, one copy with original
    signatures.
    (b)
    Two copies of a location map (see Drawing No. 1).
    (c)
    Two copies of the PNDI Form and/or initialed search receipt.
    (d)
    Two copies of any other items required in the Instructions and Part One (if
    applicable).
    The owner is required to send additional copies of the General Permit Registration form to
    the municipality and the County Board of Commissioners where the project is located. Also,
    as part of the registration, the owner shall certify that an Erosion and Sediment Control Plan
    has been submitted for review to the County Conservation District in which the work will be
    performed.
    The owner is not authorized to use the General Permit until he has notified
    the DEP Permitting and Technical Services Section of the appropriate Regional Office
    or the appropriate delegated County Conservation District and received an
    acknowledgement of that registration
    .
    The Department’s acknowledgement serves as
    registration to use this General Permit. The owner may not begin work until all
    preconstruction requirements of this General Permit have been completed.
    Registration for the use of this General Permit must be sent to the County Conservation
    District in counties where the District has a delegation agreement with the Department of
    Environmental Protection. To determine whether this alternate registration procedure
    currently applies for your location, refer to Exhibit C and/or contact the appropriate DEP
    Permitting and Technical Services Section or County Conservation District.
    2.
    In Conjunction with a Water Obstruction and Encroachment Permit Application:
    When an activity or structure authorized by the General Permit is an integral part of a larger
    project which requires an individual Water Obstruction and Encroachment permit, intent to
    use the General Permit may be registered by attaching copies of the GENERAL PERMIT
    REGISTRATION form to the individual permit application, and clearly identifying, in the
    permit application narrative and/or on site plans, any structure or activity which will be
    constructed in accordance with the terms and conditions of the General Permit. The
    Department„s acknowledgement of the General Permit registration will be included in the
    individual permit, and upon issuance of the permit the owner may begin work on the
    structure or activity authorized by the General Permit. Where applicable, this registration
    procedure is preferred and recommended by the Department, because written authorization
    for a project can be combined into one action and the associated documentation can be
    maintained under a single file number.

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    3.
    In Conjunction with an Enforcement Action:
    The General Permit may also be used, at the discretion of the Department, in conjunction
    with an enforcement action or settlement of violations, to register regulated activities
    conducted without prior permit or authorization.
    B.
    DENIAL OF AUTHORIZATION -
    The Department shall have the discretion, on a case-by-case
    basis, to deny, revoke or suspend the authorization to use a General Permit for any project which
    the Department determines to have a substantial risk to life, health, property or the environment, or
    otherwise could not be adequately regulated by the provisions of this General Permit.
    C.
    STANDARD DEFINITIONS FOR GENERAL PERMITS -
    The terms as used in this General Permit
    shall have the following meanings:
    BODY OF WATER - Any natural or artificial lake, pond, reservoir, swamp, marsh or wetland.
    DEPARTMENT - The Department of Environmental Protection.
    EARTHMOVING ACTIVITY - Any construction or other activity which disturbs the surface of the
    land including, but not limited to, excavations, embankments, land development, subdivision
    development, mineral extraction and the moving, depositing or storing of soil, rock or earth. This
    includes any excavation or fill within a stream channel.
    EROSION AND SEDIMENT CONTROL PLAN - A plan which is designed to minimize accelerated
    erosion and sedimentation consistent with the requirements of 25 Pa. Code Chapter 102.
    FLOODWAY - The channel of the watercourse and portions of the adjoining floodplains which are
    reasonably required to carry and discharge the 100-year frequency flood. Unless otherwise
    specified, the boundary of the floodway is as indicated on maps and flood insurance studies
    provided by the Federal Emergency Management Agency (FEMA). In an area where no FEMA
    maps or studies have defined the boundary of the 100-year frequency floodway, it is assumed,
    absent evidence to the contrary, that the floodway extends from the stream to 50 feet from the top
    of the bank of the stream.
    INSTALL - To construct, deposit, place, lay or set in place.
    OWNER - A person who owns, controls, operates, maintains, or manages a dam or reservoir,
    water obstruction or encroachment.
    PERSON - A natural person, partnership, association, corporation, public utility, municipality,
    municipal authority, political subdivision of the Commonwealth, receiver or trustee, and any
    department, board, commission, or authority of the Commonwealth.
    POLITICAL SUBDIVISION - A county, city, borough, incorporated town, township, school district,
    authority or other governmental unit or a combination thereof acting jointly.
    REGULATED WATERS OF THIS COMMONWEALTH - Watercourses, streams or bodies of water
    and their floodways wholly or partly within or forming part of the boundary of this Commonwealth.
    SCENIC RIVERS - Areas in or within 100 feet of a watercourse or body of water designated a
    component of the Pennsylvania Scenic Rivers System in accordance with the Pennsylvania Scenic
    Rivers Act (P.L. 1277, Act No. 283 as amended by Act 110, May 7, 1982), or which are
    1-A candidate rivers listed in the Pennsylvania Scenic Rivers Inventory.

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    STOCKED TROUT STREAM - A stream classified as approved trout waters by the Pennsylvania
    Fish and Boat Commission. For current designations of stocked trout streams, contact the Division
    of Fisheries Management (see Exhibit A).
    SUBMERGED LANDS OF THIS COMMONWEALTH - Waters and permanently or periodically
    inundated lands owned by the Commonwealth, including lands in the beds of navigable lakes and
    rivers and beds of streams declared public highways which are owned and held in trust by the
    Commonwealth.
    WATERCOURSE - A channel or conveyance of surface water having defined bed and banks,
    whether natural or artificial, with perennial or intermittent flow.
    WETLANDS - Areas that are inundated or saturated by surface water or groundwater at a
    frequency and duration sufficient to support, and that under normal circumstances do support, a
    prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps,
    marshes, bogs and similar areas.
    WILD TROUT STREAM - A stream classified as supporting naturally reproducing trout populations
    by the Pennsylvania Fish and Boat Commission. For current designations of wild trout streams,
    contact the Division of Fisheries Management (see Exhibit A).
    D.
    PRECONSTRUCTION REQUIREMENTS FOR ALL PROJECTS
    1.
    OTHER PERMITS - Nothing in this General Permit relieves the owner of the obligation of
    complying with all Federal, Interstate Compact, State and local laws, regulations and
    standards for the construction, operation or maintenance of the project or activity. The
    project owner is advised that written authorization from the U.S. Army Corps of Engineers
    may be required for compliance with Section 404 of the Clean Water Act.
    2.
    BEST MANAGEMENT PRACTICES - Work must be done in compliance with Chapter 102
    (relating to Erosion Control).
    Prior to construction, an Erosion and Sediment Control
    Plan must be reviewed and determined adequate by the County Conservation District
    in which the activities are proposed and implemented prior to, during and after
    construction. The County Conservation District shall be notified 10 days prior to the
    start of construction.
    The project site shall at all times be available for inspection by
    authorized employees of the County Conservation District. The Erosion and Sediment
    Control Plan shall be available at the site.
    3.
    PENNSYLVANIA FISH AND BOAT COMMISSION NOTIFICATION - The owner shall notify
    the Pennsylvania Fish and Boat Commission‟s Regional Field Office Manager (see
    Exhibit A) responsible for the County where the activities are proposed 10 days prior to start
    of construction. Written notification is suggested. The project site shall at all times be
    available for inspection by authorized officers and employees of the Pennsylvania Fish and
    Boat Commission.
    4.
    NOTIFICATION TO OPERATORS OF PUBLIC WATER FACILITIES - Owners will
    investigate for drinking water intakes or reservoirs for public water supplies and permitted
    public bathing beaches within 5 miles downstream of the site of the project. Written notice
    shall be given at least 10 days prior to construction to the Department and to operators of
    any such intakes, beaches or reservoirs. This notification shall include expected starting
    and completion dates for the construction activities. Owners must notify the Department and
    operators immediately and no longer than 1 hour after the occurrence at the site which
    results in the release of suspended solids and turbidity to the stream. Public drinking water

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    sources are listed by the DEP Bureau of Water Standards and Facility Regulation, and this
    information is available from each DEP Regional Office.
    E.
    OTHER PRECONSTRUCTION REQUIREMENTS WHERE APPLICABLE
    1.
    SUBMERGED LANDS OF THIS COMMONWEALTH - This General Permit shall not be
    effective to authorize any project over, across or occupying submerged lands of this
    Commonwealth until the owner has obtained a license from the Department authorizing the
    occupation of such submerged lands issued under section 15 of the Dam Safety and
    Encroachments Act (32 P.S. §693.15), section 514 of the Administrative Code of 1929
    (71 P.S. §194), or other applicable laws. Upon receipt of the General Permit Registration
    form from the owner, the Department will review the project to determine if its location is
    over, across or occupies submerged lands of the Commonwealth. If applicable, the
    Department will prepare a Submerged Lands License Agreement and forward same to the
    owner for execution prior to acknowledgement of registration to use the General Permit. No
    annual charge is required for facilities constructed, owned or operated by a Political
    Subdivision of the Commonwealth.
    2.
    UTILIZATION OF GENERAL PERMIT BDWM-GP-8, TEMPORARY ROAD CROSSINGS -
    Temporary road crossings of streams and causeways that are necessary for equipment to
    move back and forth across a stream during construction of a project are authorized by, and
    must be constructed in accordance with BDWM-GP-8. The owners shall indicate utilization
    of BDWM-GP-8 on the General Permit Registration form in the box provided. Owners
    constructing temporary road crossings in those areas excluded from the application of
    BDWM-GP-8 must apply for an individual Water Obstruction and Encroachment Permit for
    those road crossings.
    3.
    USE OF EXPLOSIVES - Prior to the use of explosives in a watercourse or body of water, the
    permittee shall secure a written permit from the Pennsylvania Fish and Boat Commission,
    under the Fish and Boat Code, Act 1980-175 Title 30 Pennsylvania Consolidated Statutes,
    Section 2906. Requests should be directed to the Pennsylvania Fish and Boat Commission,
    Division of Environmental Services (see Exhibit A).
    F.
    STANDARD PROVISIONS OF THE GENERAL PERMIT
    1.
    EFFECTIVE TIME PERIOD - This General Permit will remain in effect indefinitely unless
    specifically modified, suspended or revised by the Department.
    2.
    SUSPENSION, MODIFICATION OR REVOCATION - The Department may suspend, modify
    or revoke this General Permit at any time upon notice in the Pennsylvania Bulletin.
    3.
    PROJECT INTERFERENCE - This General Permit does not authorize any interference with
    any existing or proposed local, State, Federal or Federally licensed project, and permittee
    shall not be entitled to compensation for damage or injury to the work authorized herein
    which may be caused by or a result of existing or future operations undertaken by the United
    States or the Commonwealth of Pennsylvania or its Political Subdivisions in the public
    interest.
    4.
    DEPARTMENT INSPECTION - As a condition of use of this General Permit, and of the
    owner‟s authority to conduct the activities authorized by this General Permit, the owner
    hereby authorizes and consents to allow authorized employees or agents of the Department,
    without advance notice or a search warrant, at any reasonable time and upon presentation
    of appropriate credentials, and without delay, to have access to and to inspect all areas
    where the project is being constructed, operated or maintained. The authorization and

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    consent shall include consent to conduct tests or sampling, to take photographs, to perform
    measurements, surveys and other tests, to inspect the methods of construction, operation or
    maintenance, to examine and copy books, papers and records pertinent to any matter under
    investigation, and to take any other action necessary to assure that the project is
    constructed, operated or maintained in accordance with the terms and criteria of the General
    Permit. This General Permit condition is referenced in accordance with Section 16 of the
    Dam Safety and Encroachments Act, 32 P.S. §693.16, and in no way limits any other powers
    granted under the Dam Safety and Encroachments Act.
    5.
    ACTIVITIES NOT IN ACCORDANCE WITH THE TERMS OR CONDITIONS - If the
    Department determines, upon inspection, that the construction, operation or maintenance of
    a project has violated the terms or criteria of this General Permit or of the Chapter 105 Rules
    and Regulations, the Department may take such actions, legal or administrative, that it may
    deem to be appropriate.
    6.
    STRUCTURE REMOVAL - The owner shall remove all or any portion of this project upon
    written notification to the owner by the Department in the event the project is causing an
    adverse impact on public health, safety or the environment, or in any other manner violates
    the conditions of this General Permit or Chapter 105 Rules and Regulations.
    7.
    PROPERTY RIGHTS - This General Permit does not authorize trespassing on private
    property nor convey any property rights, either in real estate or material, or in any exclusive
    privileges; nor does it authorize any injury to property or invasion of rights or any
    infringement of Federal, State or local laws or regulations.
    8.
    WATER QUALITY CERTIFICATION - The issuance of this General Permit also constitutes
    approval of a Water Quality Certification under section 401 of the Federal Clean Water Act
    (33 U.S.C.A. §1341).
    9.
    OTHER APPROVALS - The owner shall secure all other approvals that may be necessary
    under other Federal, State or local laws or regulations.
    10.
    CHANGE OF OWNERSHIP - If there is a change in ownership of a structure installed in
    accordance with this General Permit, the new owner is required to register the structure with
    the Department in accordance with Part Two, Section A, of this General Permit. The new
    owner shall submit one copy of the General Permit Registration form indicating “transfer of
    ownership” and one copy of a location map. Additional items required under Part Two,
    Section A, are not applicable if there are no proposed construction activities.
    11.
    SIGNATURE - The General Permit Registration form for use with this General Permit shall
    be signed by the property owner; the president, vice president or other responsible official of
    a Corporation; or the chief official for a Government Agency/Political Subdivision. An
    engineering consultant, contractor or similar agent is not authorized to sign the General
    Permit Registration form on behalf of the owner.

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