The provisions of this §  105.252 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. The provisions of this §  105.88 adopted January 7, 2011, effective January 8, 2011, 41 Pa.B. 1804; amended August 11, 1978, effective August 28, 1978, 8 Pa.B. 3404; reserved July 5, 2013, effective July 6, 2013, 43 Pa.B. (iii)   Disturbance review fees are calculated by individually adding all of the permanent and temporary impacts to waterways, floodways, floodplains and bodies of water including wetlands to the next highest tenth acre and multiplying the permanent and temporary impacts by the respective fees and then these amounts are added to the other applicable fees. The provisions of this §  105.104 amended under section 5 of the Dam Safety and Encroachments Act (32 P. S. §  693.5). Worth taking for new or review. (2)  For Hazard Potential Category 1 dams and Category 2 dams as classified in §  105.91 (relating to classification of dams and reservoirs), annual reports regarding the condition of the dam, affixed with the seal of a registered professional engineer and certification, which reads ‘‘This is to certify that the above dam has been inspected and the following are the results of the inspection.’’, shall be submitted to the Department on or before December 31 of each year. 225) (71 P. S. §  468) (repealed), repealed by the act of December 3, 1970 (P. L. 834, No. Flowage easements—An acquired right of use of another person’s land for water temporarily or permanently impounded by a dam or backwater from the installation, operation and maintenance of a water obstruction or encroachment. §  1132). 1804; amended August 11, 1978, effective August 28, 1978, 8 Pa.B. (ii)   Particular stream requirements, including the particular needs of instream and downstream water uses and riparian rights. (3)  A plan indicating the relation of the structure and mooring area to the banks and channel, neighboring structures and mooring areas, the navigation channel and the normal pool elevation or ordinary low water mark. 3843. 219. The provisions of this §  105.51 amended under section 5 of the Dam Safety and Encroachments Act (32 P. S. 693.5). Except as provided for in subsection (c), the Department will not grant a permit under this chapter for a dam, water obstruction or encroachment in, along, across or projecting into the wetland which is not an exceptional value wetland, or otherwise affecting the wetland, unless the applicant affirmatively demonstrates in writing and the Department issues a written finding that the following requirements are met: (1)  The project will not have a significant adverse impact on the wetland, as determined in accordance with § §  105.14(b) and 105.15. The provisions of this §  105.97 under section 5 of the Dam Safety and Encroachments Act (32 P. S. §  693.5). (2)  Basement and first floor elevations of structures indicated on the plan required by paragraph (1). (d)  The Department may review a permit application for the operation and maintenance of existing projects without regard to the design criteria and construction requirements in Subchapters B—J. (iii)   The area was not enrolled in a State or Federal wetland restoration program other than the Wetland Reserve Program. (b)  When possible, the Department will develop joint permit application forms to facilitate the submission of information on related activities of a project regulated under statutes and regulations administered by the Department and other Federal and State agencies, to reduce duplicate and repetitious application requirements. The final test of Transport Canada is an open-book exam of 50 multiple choices questions. § §  691.1—691.1001); section 7 of the act of June 14, 1923 (P.L. (c)  The Department will have the right during the progress of work to require changes or modifications in the maps, plans, profiles and specifications for work covered under a permit or other Department approval it may determine are necessary and proper to protect public health, public safety and the environment. The provisions of this §  105.11 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. Immediately preceding text appears at serial pages (207691) to (207692). Incremental dam breach analysis—A process to determine the highest runoff event during which a dam failure would cause a threat to life, health, property or the environment in areas below the dam in excess of the threat level caused by the same runoff event with no dam failure. 1804; amended August 11, 1978, effective August 28, 1978, 8 Pa.B. Immediately preceding text appears at serial pages (4579) to (4580). (13)  For dams, water obstructions or encroachments in, along, across or projecting into a wetland, as defined in §  105.1 (relating to definitions), the Department will also consider the impact on the wetlands values and functions in making a determination of adverse impact. Immediately preceding text appears at serial page (47992). 219. Immediately preceding text appears at serial pages (207716) and (313669). Immediately preceding text appears at serial pages (38855) to (38856). In the case of a political subdivision, it shall be signed by the chief officers of the political subdivision or other responsible official empowered to sign for the political subdivision, with the seal affixed and attested by the clerk. The provisions of this Appendix J adopted July 8, 1994, effective August 8, 1994, 24 Pa.B. (a)  In addition to the requirements of § §  105.51—105.54 (relating to operation, maintenance and inspection), the permittee or owner of a dam shall follow the operation and maintenance manual for the dam, and the emergency action plan if required under §  105.134 (relating to EAP), as approved by the Department and shall implement a monitoring plan as required under §  105.81(a)(4) (relating to permit applications for construction and modification of dams and reservoirs). (2)  The Department determines that the structure or activity does not comply with the standards and criteria of this title and with other laws administered by the Department, the Fish and Boat Commission and river basin commissions created by interstate compact, that the effect on wetlands will be mitigated, and at least one of the following is met: (i)   Restoration would cause destruction of a dwelling occupied by a person who had no role in the planning or construction of the project. 4911. 219. (D)   If annual registration fees are not remitted as specified, interest will accrue on the entire amount from the original date payment was due at a rate of 12% per annum until payment is remitted. The provisions of this §  105.131a adopted February 15, 2013, effective February 16, 2013, 43 Pa.B. 3843; amended January 7, 2011, effective January 8, 2011, 41 Pa.B. 3843. (a)  The permittee or owner of a dam, water obstruction or encroachment shall immediately notify the Department and responsible authorities in adjacent and downstream communities, including emergency management authorities, of a condition which may threaten the safety of the facility and take necessary actions to protect life and property, including action required under an emergency plan or Department order issued under the act. The provisions of this §  105.222 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. Discharges of dredged or fill material shall be properly maintained to prevent erosion and other types of pollution. Immediately preceding text appears at serial page (38888). (2)  Cross sections of the stream and floodway. (7)  Maintenance of field drainage systems that were constructed and continue to be used for crop production. (5)  Other information as the Department may require. Del-Aware Unlimited, Inc. v. Department of Environmental Resources, 508 A.2d 348 (Pa. Cmwlth. 2229; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. order your new pleasure craft operator card online. Immediately preceding text appears at serial page (38891). The provisions of this §  105.132 reserved under section 5 of the Dam Safety and Encroachments Act (32 P. S. §  693.5). 322) or the Water Obstructions Act shall apply for and receive a permit to operate and maintain the facility under the act on or before January 1, 1981. Editor’s Note: Chapter 105 has been extensively amended since this case was decided. 294) (32 P. S. §  597); sections 514, 1901-A, 1908-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § §  194, 510-1, 510-8, 510-17 and 510-20); and the Flood Plain Management Act (32 P. S. § §  679.101—679.601). The provisions of this §  105.172 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. These prior converted croplands are not regulated as wetlands under the Commonwealth’s Wetland Protection Program contained in this chapter. The Department may issue a determination as to whether the general permit applies to the proposed dam, water obstruction or encroachment. Immediately preceding text appears at serial pages (313660) to (313661). The provisions of this §  105.43 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. (4)  Project description. (c)  Discharge of dredged material into the regulated waters of this Commonwealth is subject to Subchapter J (relating to discharges of dredged or fill material). 1804; amended August 11, 1978, effective August 28, 1978, 8 Pa.B. The provisions of this §  105.25 (relating to transfer of permits). (2)  The structure may not create or constitute a hazard to life or property, or both. (d)  Dredging may not occur in reaches of streams where water levels are controlled by dams if the water depth is less than 6 feet at normal pool. (b)  General permits issued under this subchapter may be issued on a Statewide basis or limited to specific watersheds, particular categories of streams or designated geographic regions. 2229; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 219. 2229; reserved September 26, 1980, effective September 27, 1980, 10 Pa.B. 2229; reserved September 26, 1980, effective September 27, 1980, 10 Pa.B. 322) (53 P. S. §  16834 note and 55 P. S. § §  332.1 and 332.2) or the Water Obstructions Act, shall be deemed to comply with the construction and operating permit requirements of this section. Storage capacity—The volume as expressed in acre-feet of the impounded water to the maximum storage level, that is, the top of the dam. 2229; reserved September 26, 1980, effective September 27, 1980, 10 Pa.B. Immediately preceding text appears at serial page (38887). (a)  The foundation of a dam or reservoir must be stable under all probable conditions. (b)  An existing dam, water obstruction or encroachment constructed under a license or permit issued in compliance with the act of June 8, 1907 (P. L. 496, No. (a)  In addition to information required by §  105.13 (relating to permit applications—information and fees), a permit application for the operation and maintenance of existing stream enclosures shall give the following information: (2)  A profile of the stream for a reasonable distance above and below the existing site. (h)  The Department may, in its discretion, consider a revised factor of safety for a class of dams or reservoirs when it can be demonstrated that the factor of safety provides for the integrity of the dams or reservoirs and adequately protects life and property. (2)  The location of areas of shell-fish production. The provisions of this §  105.431 amended under the Dam Safety and Encroachments Act (32 P. S. § §  693.1—693.27); The Clean Streams Law (35 P. S. § §  691.1—691.1001); section 7 of the act of June 14, 1923 (P. L. 704, No. 3843; amended January 7, 2011, effective January 8, 2011, 41 Pa.B. (relating to the Fish and Boat Code) or 34 Pa.C.S. 2229. (i)   An addition, deposit, disposal or discharge of fill into the regulated waters of this Commonwealth, including, but not limited to, the following types of construction: (A)   Fill that is necessary for the construction of a structure in a regulated water of this Commonwealth. You can print your temporary card online as soon as you pass the boating test. She goes to parenting classes with snow white and it revealed that she is still trying to understand the ways of the modern world. The provisions of this §  105.291 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. (vii)   Risk assessment. The provisions of this Appendix E adopted January 15, 1988, effective February 16, 1988, 18 Pa.B. 1804; amended August 11, 1978, effective August 28, 1978, 8 Pa.B. The provisions of this §  105.53 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. (c)  The owner of an existing dam, water obstruction or encroachment who does not hold a permit issued under the act of June 8, 1907 (P. L. 496, No. Within 10 days after the completion of work on a dam authorized by the Department, the permittee or owner shall schedule a final project inspection with the Department. These projects shall comply with the operating, maintenance, monitoring and other requirements established under the act. Person—. The provisions of this §  105.37 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. The latest information relating to the planning, construction and operation of infrastructure projects in NSW. The Department may require capacity in excess of that necessary to carry the flows from a 100-year flood if it determines the capacity is necessary to protect the structure or to assure the safety of life and property upstream or downstream of the enclosure. The term does not include a municipality or municipal authority. 219. (3)  If the owner and permittee are not the same person and there is a change in ownership, but not permittee of the dam, water obstruction or encroachment, the change in ownership must be reported by the permittee to the Department in writing within 30 days. 4911. A permit issued by a delegated agency shall become effective 30 days following the receipt of notice by the Department of issuance, unless the permit is disapproved by the Department or an appeal is filed with the Department under section 17 of the act. 3843. Immediately preceding text appears at serial pages (207723) to (207724). (a)  An application for a proposed levee, fill or similar structure in or along the regulated waters of this Commonwealth will not be approved by the Department where one or more of the following will occur: (1)  It will increase flood heights, either on the opposite bank or upstream and flood easements or flood protection has not been provided. The provisions of this §  105.131a amended under sections 5, 7, 10, 11 and 17 of the Dam Safety and Encroachments Act (32 P. S. § §  693.5, 693.7, 693.10, 693.11 and 693.17); sections 5, 6, 8 and 402 of The Clean Streams Law (35 P. S. § §  691.5, 691.6, 691.8 and 691.402); sections 514, 1901-A, 1908-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § §  194, 510-1, 510-8, 510-17 and 510-20); and sections 302 and 402 of the Flood Plain Management Act (32 P. S. § §  679.302 and 679.402). The provisions of this §  105.15 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. (b)  When the Department determines that an application is incomplete or contains insufficient information, it will notify the applicant in writing. (6)  An instrumentation plan including justification and design for the installation of permanent monitoring instruments to measure the performance of the dam. (iii)   Whether the affected wetlands values and functions are unique to the area or region. 3843. § §  679.101—679.601). In remanding and ordering a new trial to determine whether a dredging company violated its permit by dredging too close to shore, the Court noted that the Department of Environmental Resources is authorized to impose conditions which preclude dredging within an established distance from the shore and that such conditions under statute and regulations, 71 P. S. §  510-8 and 25 Pa. Code §  150.381(c), impose a binding duty of care upon parties to a dredging contract. 3640; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. Immediately preceding text appears at serial page (4598). In addition to the information required by §  105.13 (relating to permit applications—information and fees), applications for permits for construction or modification of structures under this subchapter shall contain the following information: (1)  A plan detailing the location of the structures and properties 1000 feet upstream and downstream of the proposed fill, levee or similar structure and within the flood plain of the flood of record on both sides of the stream or body of water. 1804; reserved August 11, 1978, effective August 28, 1978, 8 Pa.B. (11)  Consistency with State antidegradation requirements contained in Chapters 93, 95 and 102 (relating to water quality standards; wastewater treatment requirements; and erosion and sediment control) and the Clean Water Act (33 U.S.C.A. Public service line—The term includes, but is not limited to, electric transmission lines, gas pipelines, telephone lines, water lines, railroad trackage and other facilities owned or operated by public service corporations. (d)  A single application may be submitted or a single permit may be issued for multiple structures and activities which are part of a single project or facility or part of related projects and facilities, located in a single county, constructed, operated or maintained by the same persons. (2)  For dams, water obstructions or encroachments located in, along or projecting into a wetland for which a permit is not otherwise required under this chapter, the Department will base its evaluation on the information required by §  105.13(d) and the factors included in §  105.14(b) and this section. (2)  The Department may require additional information or waive one or more of the requirements of paragraph (1) in specific cases. (c)  In reviewing a permit application under §  105.11(c) (relating to permit requirements) and section 6(c) of the act (32 P. S. §  693.6(c)) for the operation and maintenance of an existing dam, water obstruction or encroachment, the Department will use the following factors: (1)  Potential threats to life, property or safe navigation created by the continuing operation or maintenance of the project. § §  691.1—691.1001); section 7 of the act of June 14, 1923 (P.L. Water Obstructions Act—The act of June 25, 1913 (P.L. This section cited in 25 Pa. Code §  96.3 (relating to water quality protection requirements); and 25 Pa. Code §  105.16 (relating to environmental, social and economic balancing). Register together and get a discount for the online boating course! Sec. (A)   The disturbance review fees are added to the joint application administrative filing fee, applicable General Permit registration fees and major amendments to Water Obstruction and Encroachment Permits. 2229; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 1804; amended August 11, 1978, effective August 28, 1978, 8 Pa.B. (ii)   A study determining the watershed runoff into a dam and reservoir and the resulting routed outflow from the dam and its spillway structures. 3843. Print a temporary card and go boating today! (b)  Masonry and concrete may not be placed in freezing weather except under conditions approved by the Department. Immediately preceding text appears at serial pages (117724) to (117725). (2)  A dam used for storage of fluids or semifluids other than water the escape of which may result in air, water or land pollution or in danger to persons or property unless the impoundment created by the dam is otherwise adequately regulated by another program requiring individual permits issued by the Department or another Federal or State agency.