3150-PM-BWEW0503 Rev. 8/2013
    COMMONWEALTH OF PENNSYLVANIA
    DEPARTMENT OF ENVIRONMENTAL PROTECTION
    BUREAU OF WATERWAYS ENGINEERING AND WETLANDS
    GENERAL PERMIT
    BWEW-GP-3
    BANK REHABILITATION, BANK PROTECTION AND
    GRAVEL BAR REMOVAL
    TABLE OF CONTENTS
    Page
    INSTRUCTIONS FOR USING THE GENERAL PERMIT
    ............................................................................. i
    PART ONE: APPLIES SPECIFICALLY TO BWEW-GP-3
    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............................................. 1-2
    D.
    PROJECT DESIGN AND CONSTRUCTION CRITERIA .................................................. 1-2
    E.
    ADDITIONAL CRITERIA FOR BANK REHABILITATION AND PROTECTION ............... 1-3
    F.
    ADDITIONAL CRITERIA FOR REMOVAL OF GRAVEL BARS ....................................... 1-5
    G.
    AUTHORITY AND CONTINUING AUTHORIZATION....................................................... 1-6
    PART TWO: APPLIES TO BWEW-GP-3 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
    DRAWINGS NO. 2 TO 14 - SAMPLE PROJECTS WITH CRITERIA
    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

    3150-PM-BWEW0503 Rev. 8/2013
    - i -
    INSTRUCTIONS FOR USING THE GENERAL PERMIT
    BWEW-GP-3
    Bank Rehabilitation, Bank Protection and
    Gravel Bar Removal
    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, Sections D, E and F 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.
    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.
    3.
    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.
    4.
    Your project may also require a permit from the U.S. Army Corps of Engineers under section 404 of
    the Federal Clean Water Act, sections 9 and 10 of the Rivers and Harbors Act and/or section 103
    of the Marine Protection, Research and Sanctuaries Act. The registration to use this State General
    Permit does not relieve you of the obligation to comply with, and the State is not authorized to
    address, these Corps of Engineers‟ requirements. Therefore, in order to avoid violation of Federal
    statutes, please contact the appropriate U.S. Corps of Engineers District Office listed below to
    determine whether a Federal permit is required for your project.
    Delaware River Basin
    Susquehanna River Basin
    Philadelphia Dist. Corps of Engineers
    Baltimore Dist. Corps of Engineers
    Wanamaker Bldg., 100 Penn Square East
    P.O. Box 1715
    Philadelphia, PA 19107
    Baltimore, MD 21203-1715
    (215) 656-6725
    (410) 962-1846 or (814) 235-0570
    Ohio River Basin and Lake Erie Basin
    Pittsburgh Dist. Corps of Engineers
    Regulatory Branch
    1000 Liberty Avenue
    Pittsburgh, PA 15222
    (412) 395-7152
    5.
    For any earthmoving activity
    2
    associated with your project, prepare the Erosion and Sediment
    Control Plan which must be reviewed and determined satisfactory by the County Conservation
    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.

    3150-PM-BWEW0503 Rev. 8/2013
    - ii -
    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.
    6.
    Take color photographs of the project area showing the scope of the project and existing condition
    of the bank and/or gravel bar. Prepare two sets of these photos, mount on 8½” x 11” pages and
    label each photo with a brief description of what is shown and the date photos were taken.
    THE REGISTRATION PROCEDURE:
    7.
    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.
    8.
    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
    -
    Two sets of COLOR PHOTOGRAPHS (mounted with dates and descriptions)
    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).
    9.
    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:
    10.
    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,
    including written authorization from the U.S. Army Corps of Engineers for gravel bar
    removal.
    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.
    11.
    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, Sections D, E and F.

    3150-PM-BWEW0503 Rev. 8/2013
    1-1
    COMMONWEALTH OF PENNSYLVANIA
    DEPARTMENT OF ENVIRONMENTAL PROTECTION
    BUREAU OF WATERWAYS ENGINEERING AND WETLANDS
    GENERAL PERMIT
    BWEW-GP-3
    BANK REHABILITATION, BANK PROTECTION AND
    GRAVEL BAR REMOVAL
    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 below, 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.
    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.
    Historical, 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.
    Wetlands.
    4.
    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).
    5.
    Projects involving channel relocation, channel realignment, or placement of fill to construct
    berms or levees.
    6.
    Any project having a scope of work which is greater in length than 500 linear feet measured
    along a single continuous reach of stream channel.
    7.
    Projects involving the installation of tires for bank protection.
    8.
    The removal of vegetated gravel bars.
    9.
    Projects requiring excavation of mudflats in the tidal waters of the Delaware River.
    10.
    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.

    3150-PM-BWEW0503 Rev. 8/2013
    1-2
    11.
    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 Greenworks and Conservation Partnerships, Pennsylvania Scenic Rivers
    Program, P.O. Box 8475, Harrisburg, PA 17105-8475, telephone (717) 787-2316.
    12.
    Gravel bar removal in streams or water bodies designated Exceptional Value Waters as
    defined and listed in Chapter 93 (relating to water quality standards).
    C.
    DEFINITIONS APPLICABLE TO THIS GENERAL PERMIT
    - The following words and terms, when
    used in this General Permit, have the following meanings:
    BANK REHABILITATION AND BANK PROTECTION - To restore and/or protect the bank of a
    stream, lake, pond or reservoir against erosion, scour or sloughing by utilizing any of the
    following: slope protection, dumped rock protection, cribbing, walls, channel deflectors, vegetative
    stabilization techniques.
    CHANNEL REALIGNMENT - Any alteration of the stream channel alignment which involves
    excavation into an existing stream bank.
    CONCRETE RUBBLE - Broken concrete in pieces not to exceed 5 feet in length where neither the
    width or thickness is less than 1/3 its length and all reinforcing is removed flush with the face of the
    concrete.
    DUMPED ROCK PROTECTION - Sound, durable stone or concrete rubble, insoluble in water and
    placed by dumping for the purpose of protecting against erosion, scour or sloughing of a bank. To
    resist transport by flowing water, National Stone Association R-7 is the minimum size rock which
    shall be used for dumped rock protection.
    FILTER LAYER - Well-graded, hard, durable, non-soluble particles (free from muck, topsoil,
    organic matter or rubbish) or geotextile fabric, placed under slope protection to prevent the natural
    soil of the bank from being washed away through the slope protection layer.
    GRAVEL BARS - Alluvial deposits in stream channels, including accumulations of gravel, glacial till,
    sediment, silt and flood debris, which obstruct and redirect flow, and which are thereby associated
    with stream bank erosion.
    RIPRAP - A layer, facing or protective mound of stone in random size pieces, selectively placed to
    prevent erosion, scour or sloughing of a bank.
    SLOPE PROTECTION - A layer or facing of sound, durable rock or similar material (natural or
    manmade), insoluble in water, selectively placed by hand or machine and sized to resist transport
    by flowing water.
    VEGETATED - An area having greater than 50 percent surface coverage of persistent vegetation
    during the growing season (undisturbed by acts of man). Persistent vegetation is defined as having
    a predominance of perennial plant species with the exclusion of first year class seedlings of woody
    vegetation (shrubs and trees). The vegetational groupings to be considered consist of grasslikes,
    grasses, forbs, vines, shrubs and trees.
    D.
    PROJECT DESIGN AND CONSTRUCTION CRITERIA
    1.
    The use of this General Permit is limited to activities which constitute a single, complete
    project in and along a continuous reach of stream channel not exceeding 500 feet in length.
    Multiple registration and use of this General Permit for the purpose of extending a project
    activity beyond the maximum length is prohibited; however, the Department will consider

    3150-PM-BWEW0503 Rev. 8/2013
    1-3
    authorizing more extensive projects upon receipt of an application for an individual Water
    Obstruction and Encroachment Permit. Because this General Permit authorizes only single,
    complete projects, repeated projects each require a separate registration of General Permit
    use.
    2.
    Construction of the bank rehabilitation, bank protection project or removal of a gravel bar
    should not constrict or increase the normal channel width. The configuration of the shoreline
    shall remain substantially the same and the work shall align smoothly with, and not project
    further into the channel than adjacent upstream and downstream banks. The upstream and
    downstream ends of a bank rehabilitation or bank protection project shall be keyed into the
    stream bank to ensure stability.
    3.
    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.
    4.
    Bank rehabilitation, bank protection and gravel bar removal shall take place during periods
    when the stream is at low flow.
    5.
    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 streamflow velocities and
    mixing patterns.
    6.
    The placement of fill higher than the elevation of the existing stream banks, the construction
    of levees, the realignment or relocation of the channel, dredging activities in water and
    excavation below existing water level are not authorized by this General Permit.
    7.
    Bank rehabilitation, bank protection and gravel bar removal projects shall not extend across
    adjacent property lines without the written permission of all affected property owners.
    8.
    During construction activities, all public and private property including existing vegetation,
    landscape features and monuments within, along and adjacent to the work area, shall be
    protected and preserved to the maximum degree possible. This shall include, but not be
    limited to, precautions taken to minimize damage, erosion, injury or destruction; prevent
    pollution; provide protection of all trees and other woody plants; special care being taken to
    protect the natural vegetation and surroundings to include all natural drainageways, ponds,
    lakes, wetlands, woods and fields; and storage of materials in such manner to prevent
    leaching which would be injurious to soils and to plants. Precautions should be taken to
    prevent damage to pipes, conduits and other underground structures.
    9.
    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, Second Floor, Harrisburg, PA 17120-0093, telephone (717) 783-8946.
    10.
    As part of the registration to use this General Permit, the owner shall submit duplicate sets
    of labeled color photographs which show the scope of the project and the existing condition
    of the bank to be protected and/or the gravel bar to be removed. The two sets of
    photographs shall be mounted on 8½” x 11” sheets. The date of photography and a written
    description of what is shown shall be provided for each photograph.
    E.
    ADDITIONAL CRITERIA FOR BANK REHABILITATION AND PROTECTION
    1.
    Slope protection and dumped rock protection shall not exceed the placement of a maximum
    of 1 cubic yard per running foot below the plane of the ordinary high water mark or the high
    tide line (in order to be consistent with the requirements of the Corps of Engineers). Where
    slope protection or dumped rock protection is required to be placed in the floodway or

    3150-PM-BWEW0503 Rev. 8/2013
    1-4
    floodplain above the plane of the ordinary high water mark or the high tide line, an additional
    1 cubic yard per running foot of stream is authorized.
    2.
    Riprap and other types of slope protection, except for vegetative stabilization and dumped
    stone protection, should be constructed in two layers.
    (A)
    An outer layer of massive particles to resist the forces of moving water.
    (1)
    The outer layer or principal protection layer should consist of well-graded
    particles. It is recommended that riprap slope protection shall be sized in
    accordance with the following Table E(2) designated DESIGN PARAMETERS
    FOR RIPRAP.
    (2)
    The protecting layer should be placed to a minimum thickness approximately
    6 inches greater than the maximum particle size, or in accordance with the
    following Table E(2) for riprap design.
    (B)
    An underlying filter layer of fine material or filter fabric.
    (1)
    Satisfactory filter materials are mixtures of gravel and clean sand with about
    80% of the material ranging between 2 inches and 1/4 inch. An alternative is a
    commercially available geosynthetic filter fabric that will allow drainage without
    loss of bank material.
    (2)
    The gravel filter layer should be placed to a thickness in accordance with the
    following Table E(2) for riprap design.
    3.
    Grouting of slope protection or dumped rock protection is not authorized by this General
    Permit.
    TABLE E(2). DESIGN PARAMETERS FOR RIPRAP
    NATIONAL
    STONE
    AVERAGE
    SIZE OF
    RANGE OF
    STONE
    RECOMMENDED
    PLACEMENT
    RECOMMENDED
    FILTER
    MAXIMUM ALLOWABLE
    STREAMFLOW VELOCITIES IN
    FEET PER SECOND
    ASSOCIATION
    NUMBER
    STONE
    IN INCHES
    SIZE
    IN INCHES
    THICKNESS
    IN INCHES
    THICKNESS
    IN INCHES
    1.5 HORIZONTAL
    TO 1 VERTICAL
    SLOPE
    2 HORIZONTAL
    TO 1 VERTICAL
    SLOPE
    R-4
    6
    3 TO 12
    15
    4
    8
    10
    R-5
    9
    5 TO 18
    24
    6
    11
    12
    R-6
    12
    7 TO 24
    30
    8
    13
    14
    R-7
    15
    12 TO 30
    36
    10
    14
    16

    3150-PM-BWEW0503 Rev. 8/2013
    1-5
    4.
    Only clean, nonpolluting materials shall be used for bank rehabilitation and protection
    projects in order to minimize excessive turbidity by leaching of fines as well as to preclude
    entrance of undesirable chemical constituents to the watercourse by natural runoff or
    leaching.
    5.
    Slag is not authorized for use under this General Permit unless it qualifies as a co-product
    which is suitable for the specific use.
    6.
    Along streams which are classified priority 1-A or designated Scenic Rivers, it is
    recommended that bank protection and rehabilitation projects shall maintain the natural
    character of the bank by incorporating vegetation (see Drawing Nos. 11, 12 and 13).
    However, woody vegetation shall not be incorporated in riprap protection. The use of
    concrete rubble for dumped rock protection is prohibited along Scenic Rivers.
    7.
    Dumped rock protection shall have a maximum exterior slope of 1.5 horizontal to 1.0 vertical
    and a minimum top width of 18 inches at the top of the zone to be protected, as shown on
    Drawing No. 3B. No filter layer is required for dumped rock protection using well-graded
    rock. National Stone Association R-7 rock is the minimum rock size to be used for dumped
    rock protection.
    8.
    Slope protection should not be placed with an exterior slope steeper than 1.5 horizontal to
    1.0 vertical.
    9.
    For rock riprap installations, a trench must be excavated at the toe of the slope to provide a
    supporting base. This trench should be extended to an elevation of at least 2 feet below the
    streambed level and be filled with the same material as the outer protection layer.
    10.
    Immediately following completion of the project all disturbed slopes shall be stabilized to
    prevent accelerated erosion in accordance with the approved Erosion and Sediment Control
    Plan.
    11.
    Bank rehabilitation and bank protection projects shall be maintained in a functional condition
    at all times. Periodic removal of debris deposited on the bank project may be necessary.
    12.
    Each bank rehabilitation and bank protection project shall not hinder commercial or
    recreational navigation nor interfere with the normal migration of fish.
    13.
    Channel deflectors may not extend from the bank into the channel a distance greater than
    25% of the total channel width, and may not extend above the normal water flow a distance
    greater than 6 inches at the streamward tip.
    14.
    The maximum height of a vertical wall authorized under this General Permit is 6 feet
    measured from the top of wall to the streambed or lakebed adjacent to the wall.
    F.
    ADDITIONAL CRITERIA FOR REMOVAL OF GRAVEL BARS
    1.
    The gravel bar removal shall be completed as a single operation in as short a time period as
    possible. Such projects shall follow the procedures for channel restoration projects
    contained in the Department‟s Erosion and Sediment Pollution Control Program Manual,
    which is available from the County Conservation District Offices.
    2.
    Removal of a gravel bar shall be limited to periods of low flow;
    a gravel bar shall be
    removed only to a depth 6 inches above the water level at time of the project
    . For
    streams where there are periods of no flow, depth of gravel bar removal is limited to 6 inches
    above the elevation of the streambed so as not to disturb the existing low flow channel.

    3150-PM-BWEW0503 Rev. 8/2013
    1-6
    3.
    The equipment operator or contractor shall be informed of the conditions of this General
    Permit regarding gravel bar removal and shall be provided with working drawings that clearly
    show the limits of excavation in accordance with the criteria of this General Permit.
    4.
    Bulldozing of the gravel bar material in or across the stream channel is prohibited.
    Excavation into a streambed or into a streambank adjacent to a gravel bar is prohibited.
    5.
    Material removed from the stream channel shall be deposited outside regulated waters of
    the Commonwealth including the floodway and any wetlands adjacent to the project, except
    when the material is suitable and used for bank reconstruction. When the excavated
    material is to be used to rebuild opposite streambanks, the material shall be hauled (and not
    pushed) to the placement location.
    6.
    Clean gravel bar material may be used only as an underlying fill or filter material to
    reconstruct and stabilize an adjacent streambank where the work can be performed in
    accordance with Part One, Section E, Item 2 of this General Permit. Gravel bar material
    used in this manner shall be faced with an outer layer of adequately sized slope protection.
    Gravel bar material which is removed shall not be used for dumped rock protection as
    defined in this General Permit.
    7.
    In accordance with §105.233 of Chapter 105 rules and regulations, the removal of sand,
    gravel or other minerals from submerged lands of this Commonwealth, in quantities which
    are commercially usable or marketable, shall require a written agreement from and royalty
    payments to the Commonwealth.
    8.
    Gravel bar removal on lands owned or administered by the Commonwealth as State Parks,
    State Game Lands or State Forests shall require prior written approval from the
    administering agency.
    9.
    Gravel bar removal may have limited long-term benefits where there is a streambank
    erosion problem. Therefore, the use of bank rehabilitation and bank protection measures in
    conjunction with gravel bar removal is recommended.
    10.
    The owner is advised that a permit from the U.S. Army Corps of Engineers may be required
    for gravel bar removal projects (see Instructions, Item 4).
    G.
    AUTHORITY AND CONTINUING AUTHORIZATION
    - Authorization of this General Permit is under
    section 7 of the Dam Safety and Encroachments Act 32 P.S. §693.7 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 bank rehabilitation and
    protection authorized by General Permit BWEW-GP-3 (Bank Rehabilitation and Protection) issued
    on July 23, 1983 and reauthorized July 23, 1988 and August 20, 1988.

    3150-PM-BWEW0503 Rev. 8/2013
    2-1
    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.

    3150-PM-BWEW0503 Rev. 8/2013
    2-2
    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.
    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).

    3150-PM-BWEW0503 Rev. 8/2013
    2-3
    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
    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

    3150-PM-BWEW0503 Rev. 8/2013
    2-4
    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
    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.

    3150-PM-BWEW0503 Rev. 8/2013
    2-5
    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.

    Back to top