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PA Bulletin, Doc. No. 13-1201

NOTICES

Modification to Chapter 105 Water Obstruction and Encroachment General Permits and 401 Water Quality Certification for Consistency with Revised Chapter 105 Regulations

[43 Pa.B. 3775]
[Saturday, July 6, 2013]

 The Department of Environmental Protection (Department), under the authority of section 7 of the Dam Safety and Encroachments Act (32 P. S. § 693.7) and 25 Pa. Code Chapter 105, Subchapter L (relating to general permits), is modifying all Chapter 105 Water Obstruction and Encroachment General Permits (GP), including:

 GP-1 Fish Habitat Enhancement Structures (3150-PM-BWEW0501)

 GP-2 Small Docks and Boat Launching Ramps (3150-PM-BWEW0502)

 GP-3 Bank Rehabilitation, Bank Protection and Gravel Bar Removal (3150-PM-BWEW0503)

 GP-4 Intake and Outfall Structures (3105-PM-BWEW0504)

 GP-5 Utility Line Stream Crossings (3150-PM-BWEW0505)

 GP-6 Agricultural Crossings and Ramps (3150-PM-BWEW0506)

 GP-7 Minor Road Crossings (3150-PM-BWEW0507)

 GP-8 Temporary Road Crossings (3150-PM-BWEW0508)

 GP-9 Agricultural Activities (3150-PM-BWEW0509)

 GP-10 Abandoned Mine Reclamation (3150-PM-BWEW0510)

 GP-11 Maintenance, Testing, Repair, Rehabilitation or Replacement of Water Obstructions and Encroachments (3150-PM-BWEW0511)

 GP-15 Private Residential Construction in Wetlands (3150-PM-BWEW0515)

 The modifications are minor and are meant to provide consistency with recently revised regulations and fees in 25 Pa. Code Chapter 105 (relating to dam safety and waterway management). Formerly these GPs contain language indicating that no fee is required. The modifications are limited to the fee requirement section of each GP and replace references to ''no fee'' with references to the fee section in 25 Pa. Code Chapter 105.

 The Department published the draft GP language for public comment at 43 Pa.B. 1049 (February 16, 2013). No comments were submitted to the Department during the 60-day public comment period, which concluded on April 18, 2013; therefore, the Department made no additional changes and provides public notice that the modified GPs previously listed are effective upon the date of this publication.

401 Water Quality Certification

 The projects covered by the modified GPs may also require a Federal license or permit. Section 401(a) of the Clean Water Act (33 U.S.C.A. § 1341(a)) requires that any applicant for a Federal license or permit to conduct any activity which may result in any discharge into the waters of the United States to provide the Federal licensing or permitting agency a certificate from the state in which the discharge will originate that the discharge will comply with applicable provisions of The Clean Water Act as well as applicable state law related to water quality protection.

 The Department, by this notice, certifies that the activities authorized by these GPs comply with the applicable provisions of sections 301—303, 306 and 307 of the Clean Water Act (33 U.S.C.A. §§ 1311—1313, 1316 and 1317). The Department further certifies that these activities comply with applicable State laws related to water quality protection and standards provided that the construction, operation and maintenance comply with the criteria and conditions of the permit.

 This certification is further subject to the following conditions:

 1. Prior to beginning any activity covered by the GP, the applicant must obtain all other necessary permits or approvals from the Department, including, but not limited to, those required under The Clean Streams Law (35 P. S. §§ 691.1—691.1001), the Dam Safety and Encroachments Act (32 P. S. §§ 693.1—693.27) and the regulation promulgated thereunder including 25 Pa. Code Chapters 91, 92a, 93, 95, 102 and 105.

 2. Fill material cannot contain wastes as defined in the Solid Waste Management Act (35 P. S. §§ 6018.101—6018.1003).

 The Department is also providing notice that it is deleting Appendices A—J and O in 25 Pa. Code Chapter 105 contained on pages 105-125 to 105-268. Appendices A—J and O are older versions of General Permits 1-10 and 15. The text of General Permits will remain available on the Department's web site.

 Copies of the modified GPs may be obtained by contacting the Department of Environmental Protection, Bureau of Waterways Engineering and Wetlands, Division of Wetlands, Encroachments and Training, P. O. Box 8460, Harrisburg, PA 17105-8460. Persons with a disability may obtain these documents by contacting the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). Copies of the modified GPs are also available on the Department's web site at www.dep.state.pa.us, Select: Permits, Licensing & Certifications, Select: Program-Specific Permit/Authorization Packages, Select: Water Management, Select: Water Obstruction and Encroachment and Wetlands, Select: General Permits, then navigate to the folder for the GP.

E. CHRISTOPHER ABRUZZO, 
Acting Secretary

[Pa.B. Doc. No. 13-1201. Filed for public inspection July 5, 2013, 9:00 a.m.]


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