NOTICES
Proposed Reissuance of General Permit BWEW-GP-8: Temporary Road Crossings and Associated 401 Water Quality Certification
[43 Pa.B. 6599]
[Saturday, November 2, 2013]The Department of Environmental Protection, 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), proposes to modify and reissue General Permit BWEW-GP-8 (Temporary Road Crossings) as General Permit BWEW-GP-8 (Temporary Crossings and Environmental Testing or Monitoring Activities) which allows the construction, operation, maintenance and removal of temporary crossings across regulated waters of this Commonwealth, including wetlands, where no practicable alternatives exist.
The General Permit BDWM-GP-8 was initially published in final-form at 14 Pa.B. 3658 (October 6, 1984) and revised versions were published in final-form at 9 Pa.B. 5165 (December 2, 1989) and 21 Pa.B. 5992 (December 28, 1991). Proposed modifications were published at 25 Pa.B. 5653 (December 9, 1995) but a revised General Permit was never finalized at that time. Most recently the GP-8 was revised along with the other Chapter 105 general permits for consistency with revised Chapter 105 regulations; proposed modifications were published at 43 Pa.B. 1049 (February 16, 2013) and in final-form at 43 Pa.B. 3775 (July 6, 2013).
The majority of Chapter 105 general permits have not been materially revised since 1996 and the revisions to BWEW-GP-8 represent the opportunity to reorganize and establish a better organized and more concise general permit. This opportunity resulted in several changes to the general permit layout and to the contents of the general permit itself. The organizational changes include the following:
• Standardized definitions for consistency and future revisions
• Established an independent set of instructions, forms, examples and sample drawings
• Consolidated Coordination and Notification Section
• Cross-referenced terms and conditions
Additionally the scope of the general permit has been expanded to include the following other temporary activities:
• Expansion of the scope to temporary crossings which includes temporary service lines in addition to road crossings.
• Expansion of the scope to include environmental testing or monitoring activities, including seismic testing lines, that are temporary in nature and are not specific to the waiver provisions of 25 Pa. Code § 105.12(a)(12) (relating to waiver of permit requirements).
The following is the proposed text of the BWEW-GP-8 in accordance with 25 Pa. Code § 105.446(a) (relating to procedure for issuance):
1. General Description and Authority—The Department of Environmental Protection hereby authorizes, by General Permit, subject to the terms and criteria set forth below, the construction, operation, maintenance and removal of temporary crossings and environmental testing or monitoring activities conducted or located in, along, under, across, or over regulated waters of this Commonwealth, including wetlands. This authorization is pursuant to Section 7(b) of the Dam Safety and Encroachments Act (''DSEA''), 32 P. S. § 693.7(b), and the rules and regulations promulgated there under at 25 Pa. Code §§ 105.441—105.449 (relating to general permits). This General Permit is subject to the terms and conditions set forth below.
2. Denial of Authorization—The Department shall have the discretion, on a case-by-case basis, to deny, revoke or suspend the authorization to use this General Permit for any project which the Department determines to have a significant effect on the safety and protection of life, health, property or the environment or otherwise would not be adequately regulated by the provisions of this General Permit or determines that the representations made in the application to register are not accurate.
3. Best Management Practices—Activities conducted under this General Permit which involve an earth disturbance activity must be done in compliance with 25 Pa. Code Chapter 102 (relating to erosion and sediment control). Prior to construction, the applicant must provide an Erosion and Sediment Control Plan (E&S Plan) specific to the activity conducted under this permit, to be reviewed by the appropriate Department Regional Office or delegated County Conservation District in which the activities are proposed. If an existing Chapter 102 authorization includes an E&S Plan showing the earth disturbance for the temporary crossing or activity, an additional E&S Plan is not required. The E&S Plan must be available on site throughout the duration of this project, and all BMPs on the plan must be implemented and maintained prior to, during and after construction. The project site shall at all times be available for inspection by authorized employees of the Department or delegated County Conservation District.
4. Submerged Lands of this Commonwealth—This General Permit shall not be effective to authorize any project on, under or over 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 DSEA, 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 on, under or over submerged lands of the Commonwealth.
5. Definitions—The following terms as used in this General Permit shall have the following meanings:
Along—Touching or contiguous; to be in contact with; to abut upon.
Appurtenant Works—Structures or materials incident to or annexed to dams or water obstructions which are built or maintained in connection with the dams or water obstructions and are essential to their proper functioning.
BMPs—Best Management Practices—Activities, facilities, measures, planning or procedures used to minimize accelerated erosion and sedimentation and manage stormwater to protect, maintain, reclaim, and restore the quality of waters and the existing and designated uses of waters within this Commonwealth before, during, and after earth disturbance activities.
Body of Water—A natural or artificial lake, pond, reservoir, swamp, marsh or wetland.
Bridge—A structure and its appurtenant works erected over the regulated waters of this Commonwealth.
Causeway—An embankment constructed wholly or in part across or along a stream.
Culvert—A structure with appurtenant works which carries a stream under or through an embankment or fill.
Department—The Department of Environmental Protection.
Earth Disturbance Activity—A construction or other human activity which disturbs the surface of the land, including land clearing and grubbing, grading, excavations, embankments, land development, agricultural plowing or tilling, operation of animal heavy use areas, timber harvesting activities, road maintenance activities, oil and gas activities, well drilling, mineral extraction, and the moving, depositing, stockpiling, or storing of soil, rock or earth materials.
E&S Plan—Erosion and Sediment Control Plan—A site-specific plan consisting of both drawings and a narrative that identifies BMPs to minimize accelerated erosion and sedimentation before, during and after earth disturbance activities.
Encroachment—A structure or activity which changes, expands or diminishes the course, current or cross section of a watercourse, floodway or body of water.
Environmental Testing or Monitoring Activities—Investigative activities of a temporary nature, not to exceed one (1) year, including but not limited to soils sampling, borings of soil or rock material, sensor placement and recording devices and other similar or related activities. This term does not include monitoring or testing activities relating to water quality testing waived from permit requirements at 25 Pa. Code § 105.12(a)(12).
Floodplain—The lands adjoining a river or stream that have been or may be expected to be inundated by flood waters in a 100-year frequency flood.
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 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.
Ford—A road crossing of a stream utilizing the existing stream bed.
Install—To construct, place, lay or set in place.
Operation—Elements of the use, control and functioning of a dam, water obstruction or encroachment during the lifetime of the dam, water obstruction or encroachment, including its removal, which may affect primarily the storage, release or flow of water; the structural safety of a dam, water obstruction or encroachment; or navigation, with due consideration of the other purposes of the act.
Owner—A person who owns, controls, operates, maintains, or manages a dam or reservoir, water obstruction, or encroachment.
Person—
(i) A natural person, partnership, association, corporation, public utility, municipality, municipal authority, political subdivision of this Commonwealth, receiver or trustee and a department, board, commission or authority of the Commonwealth.
(ii) Whenever used in a section prescribing and imposing a penalty or sanction, the term includes the members of an association and the officers of a corporation, municipality or municipal authority.
PFBC—Pennsylvania Fish and Boat Commission.
Regulated Waters of the Commonwealth—Watercourses, streams or bodies of water and their floodways wholly or partly within or forming part of the boundary of this Commonwealth.
Road Crossing—The term includes, but is not limited to, a road utilizing a pipe(s), culvert or a series of culverts, a bridge, a ford, a causeway or other similar features which are placed in, along, under, across, or over a regulated water of the Commonwealth.
Service Line Crossing—The term includes, but is not limited to, electric transmission lines, pipelines, telephone lines, water lines and other similar facilities which are placed in, along, under, across, or over a regulated water of this Commonwealth.
Stocked Trout Streams—Streams classified as approved trout waters by the PFBC. Classification shall be verified by contacting the PFBC.
Stream—A watercourse.
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.
Temporary Crossing—A road crossing or service line crossing placed for a specific period of time not to exceed one (1) year, and removed in its entirety after that period of time.
Watercourse—A channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
Water Obstruction—A dike, bridge, culvert, wall, wingwall, fill, pier, wharf, embankment, abutment or other structure located in, along or across or projecting into a watercourse, floodway or body of water. In the case of ponds, lakes and reservoirs, a water obstruction is considered to be in or along the body of water if, at normal pool elevation, the water obstruction is either in the water or adjacent to and abutting the water's edge.
Waterway Opening—The cross-sectional area of a structure that is available to convey stream flow. This area is generally expressed in terms of span multiplied by underclearance.
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 Streams—A stream identified as supporting naturally reproducing trout populations by the PFBC under 58 Pa. Code § 57.11 (relating to listing of wild trout streams). For a list of wild trout streams, contact the PFBC.
6. Where General Permit Does Not Apply—This General Permit does not apply and is not valid under the following circumstances:
A. Temporary road crossings which are to be used by the general public.
B. Temporary service line crossings of reservoirs, lakes and ponds.
C. Temporary service line crossings trenched or bored.
D. Temporary service line crossings on stream beds or inside waterway openings of bridges and culverts.
E. Temporary service line crossings which transmit hazardous or toxic material.
F. Skidding across fords.
G. No regulated activity is authorized under this General Permit in a National Natural Landmark identified in the latest published version of the National Registry of Natural Landmarks.
H. No regulated activity is authorized under this General Permit which is likely to directly or indirectly adversely impact a State or Federal Endangered or Threatened Species, or a species proposed for such designation, as identified under the Endangered Species Act of 1973 (''ESA'') (7 U.S.C.A. § 136; 16 U.S.C.A. §§ 4601-9, 460k-1, 668dd, 715i, 715a, 1362, 1371, 1372, 1402 and 1531—1543), the Wild Resource Conservation Act (32 P. S. §§ 5301—5314), 30 Pa.C.S. (relating to the Fish and Boat Code) or 34 Pa.C.S. (relating to the Game and Wildlife Code), or which is likely to destroy or adversely modify the critical habitat of such a species, as identified under the ESA. See Section 7 Notification and Coordination Requirements for additional information.
I. No regulated activity is authorized under this General Permit which will adversely impact properties listed in or eligible for listing in the National Register of Historic Places. See Section 7 Notification and Coordination Requirements for additional information.
7. Notification and Coordination Requirements—Registration of proposed use of this General Permit requires notification and coordination with the Department or appropriate County Conservation District and other State and Federal agencies and programs.
A. Pennsylvania Department of Environmental Protection
1. Registration of Proposed Use of General Permit—Prior to construction the owner of a temporary crossing or a person proposing an environmental testing or monitoring activity shall submit the General Permit Registration form along with the required attachments to the appropriate Department Regional of Conservation District office. The owner shall not begin work until the owner has registered the proposed use of the General Permit with the appropriate Department Regional or Conservation District office and received an acknowledgement in writing of that registration. The General Permit Registration form, required attachments, and acknowledgement must be available on site throughout the duration of the project.
2. Extension of General Permit—If the owner of a temporary crossing or activity desires the permitted temporary crossing or activity to remain installed for a period of time exceeding one (1) year from the date of the Department's acknowledgement (Item 7.A.1. above), they may submit a written request to the appropriate Department Regional or Conservation District office. The Department may extend the time, in writing, on a case by case basis not to exceed an additional one (1) year based on the owner's documentation of need. Under no circumstances will a temporary crossing be allowed to remain in place for longer than two (2) years from the date of the Department's original acknowledgement. See Item 7.B.1.a for additional information affecting time extensions for activities or structures that have not been constructed.
3. Change of Ownership—If there is a change in ownership of a temporary crossing installed in accordance with this General Permit, the new owner is required to register the crossing or activity with the appropriate Department Regional or Conservation District office.
4. Construction and Removal of Temporary Crossing or Activity—The owner must also provide written notice to the appropriate Department Regional or Conservation District office ten (10) days prior to the construction and ten (10) days prior to the removal of the temporary crossing or activity and associated temporary BMPs after termination of its intended use or at the end of the one (1) year period, whichever occurs first, unless extended in writing by the Department. See specific removal conditions in Items 12.A.2. and 12.F.3. below.
B. Pennsylvania Department of Conservation and Natural Resources
1. Species Protection—
a. General Permit Registrations must include a Pennsylvania Natural Diversity Inventory (PNDI) Project Environmental Review Receipt, and any clearance letters from jurisdictional agencies, as applicable, for impacts to endangered and threatened species and species of special concern. PNDI receipts are valid for two years from the date of the screening or two years from the issuance of a clearance letter or other resolution of a potential impact with a jurisdictional agency. If activities conducted under this General Permit have not commenced construction within two years of the date from acknowledgement of the permit, then the acknowledgement and registration is VOID and the submission of an updated PNDI Receipt must be included with a new registration to the office that originally acknowledged the General Permit.
b. The owner of a temporary crossing or activity must comply with special bog turtle screening requirements.
C. PFBC
1. Notification—The owner shall notify the PFBC's Regional Field Office Manager (see Exhibit A) responsible for the County where the activities are proposed ten (10) days prior to start of construction. The project site shall at all times be available for inspection by authorized PFBC officers and employees.
2. Wild and Stocked Trout Waters—Activities authorized by this General Permit in regulated waters of this Commonwealth are prohibited in the following streams for the specified time periods listed below unless written approval is obtained from the PFBC or the local Department Regional Office and provided with the General Permit Registration.
Stocked trout streams March 1 through June 15 Wild trout streams October 1 through December 31 Lake Erie tributaries September 1 through April 30 3. Use of Explosives—A written permit may be secured from the PFBC under 30 Pa.C.S. § 2906 (relating to permits for use of explosives). The permit must be provided with the General Permit Registration prior to acknowledgement. See Item 14.
4. Aids to Navigation (ATON)—An approved ATON plan may be secured from the PFBC under 30 Pa.C.S. §§ 5121—5124 and 58 Pa. Code Chapter 113. The approved ATON plan must be provided with the General Permit Registration prior to acknowledgement. See Item 12.A.3.
D. Pennsylvania Historical and Museum Commission
1. No regulated activity is authorized which will adversely impact properties listed in or eligible for listing in the historical, cultural or archaeological sites as identified in the latest published version of the Pennsylvania Inventory of Historic Places or the National Register of Historic Places.
a. Activities on properties that are listed or eligible for listing as described in Item D.1 above must include a no adverse effect determination from the Pennsylvania Historical and Museum Commission, Bureau for Historic Preservation (see Exhibit A) with the General Permit Registration submission.
2. Archaeological artifacts discovered during the performance of work authorized under this General Permit must be adequately protected and their discovery promptly reported to the, Pennsylvania Historical and Museum Commission, Bureau for Historic Preservation (see Exhibit A).
E. Other Permits and Approvals—Nothing in this General Permit relieves the owner of the obligation of complying with all Federal, Interstate Compact and State laws, regulations and standards for the construction, operation or maintenance of the temporary crossing or activity. The owner shall secure all other approvals that may be necessary under Federal, State or local laws or regulations.
8. Fees—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).
9. Effective Time Period—This General Permit will remain in effect indefinitely unless specifically modified, suspended or revised by the Department.
10. Suspension, Modification or Revocation—The Department may suspend, modify, or revoke this General Permit at any time upon notice in the Pennsylvania Bulletin.
11. 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, the Commonwealth of Pennsylvania and its political subdivisions in the public interest.
12. Conditions—These conditions apply to the construction, operation, maintenance and removal of temporary crossings and environmental testing or monitoring activities conducted or located in, along, under, across, or over regulated waters of this Commonwealth, including wetlands, authorized by this General Permit.
A. General—These conditions apply to all temporary crossings and activities, additional conditions for specific crossings and activities are detailed in Items 12.B.—12.G.
1. Temporary crossings and activities may remain installed for a period of time not to exceed one (1) year from the date of the Department's acknowledgement (Item 7.A.1.) unless extended in writing by the Department. The Department may extend the time, on a case by case basis not to exceed an additional one (1) year based on the owner's documentation of need. Under no circumstances will a temporary crossing be allowed to remain in place for longer than two (2) years from the date of the Department's original acknowledgement. See Items 7.A.2 and 7.B.1.a.
2. The site of a temporary crossing, except fords, and activities shall be restored to original topography and stabilized within five (5) days after termination of its intended use or at the end of the one (1) year period, whichever occurs first, unless extended in writing by the Department. The owner must also provide notice to the appropriate office ten (10) days prior to removal of the temporary crossing. See Item 7.A.4.
3. All temporary crossings, excluding fords, shall be of sufficient height and clearance to allow the use of the stream or other body of water in its customary manner. Where this is not practicable, and the waterway is used for motorized or non-motorized boating, an ATON plan must be submitted to and approved by the PFBC prior to the submission of the General Permit Registration Form in accordance with Item 7.C.4.
4. Wetlands shall be identified and delineated in accordance with the 1987 Corps of Engineers Wetlands Delineation Manual and the appropriate Regional Supplements to the Corps of Engineers Wetland Delineation Manual for use in Pennsylvania.
5. Temporary crossings of wetlands shall be avoided if an alternate location is possible. If the crossing of wetlands cannot be avoided, the crossing is permissible if it is located at the narrowest practicable point of the wetland.
6. A temporary wetland crossing shall be conducted, where practicable, utilizing removable, temporary mats, pads or other similar devices to ensure minimization of impact on the wetlands ecology.
7. Temporary crossings of all watercourses must be accomplished at a right angle to the watercourse, except for fords and temporary aerial service line crossing installed on an existing bridge, unless it is physically impossible to cross at a right angle to the watercourse.
8. The waterway openings of temporary crossings shall be kept open and functioning at all times by maintaining the crossings free of debris and other obstructions.
9. Pollution of the waterway, including its floodplains, with harmful chemicals, fuels, oils, greases, bituminous material, acid, and/or other harmful or polluting materials, is prohibited.
10. Temporary crossings shall not approach the stream channel directly downslope, but should traverse the slope obliquely to prevent high velocity road or right of way drainage flows from directly entering the stream channel. Road or right of way drainage shall include proper erosion and sediment control Best Management Practices; as referred to in Item 3.
11. Temporary crossings of all watercourses, including support structures, shall be of sufficient width and size so as not to narrow the existing stream channel.
12. Temporary crossings of all watercourses, including support structures, shall not increase velocity or direct flow so as to result in erosion of the stream bed and banks.
13. Temporary crossings of all watercourses, including support structures, shall be inspected by the owner on a regular basis to provide for continued operation and maintenance during the lifetime of the structure.
14. Temporary crossings of all watercourses, including support structures, shall be structurally sound at all times and placed in such a manner as to not be displaced by flood waters.
15. During construction and operation of the temporary crossing, 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 extent 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 drainage ways, ponds, lakes, swamps, woods and fields; and storage of materials in such a 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.
B. Environmental Testing or Monitoring Activities
1. General Conditions in Subsection 12.A.
2. Temporary activities should be designed to prevent compaction or liquefaction of soft soils in floodways or wetlands as deemed necessary by the activity undertaken.
3. Any cutting or boring liquids shall not be discharged into Regulated Waters of the Commonwealth and shall be in compliance with 25 Pa. Code Chapter 102 (relating to erosion and sediment control). BMPs specific to the activity must be identified and contained within the submitted E&S plan as required under Item 3.
4. Testing lines and sensors may be placed on the beds of streams, provided they can be reasonably secured to prevent flotation and do not constitute a risk to public safety.
5. Sites should be restored to original topography where practicable and any excess materials generated shall be removed from the body of water including their floodways.
C. Road Crossings
1. General Conditions in Subsection 12.A.
2. Road and causeway embankments shall consist of only clean sound rock material to prevent stream channel sedimentation during placement, removal and periods of overtopping. Rock material shall be durable enough to withstand the intended use while remaining stable and not degrade into fine particles.
3. Approach roads to temporary road crossings shall utilize original grades within the floodway. However, removable, temporary mats, pads or other similar devices or clean sound rock material to a depth of six inches above original grade must be utilized for approaches as necessary within the floodway.
4. Causeways shall extend streamward the minimum distance necessary to complete the project and under no circumstances may extend across the entire channel or along a watercourse a distance greater than 300 feet. The combined aerial extent of causeway placement shall not exceed 0.25 acres.
5. Road crossings of wetlands utilizing fill materials shall not occupy an area greater than 0.1 acre of the wetland resource.
6. Fill materials for temporary road crossings of wetlands shall consist of only clean sound rock material and be installed to maintain the hydrology of the wetland utilizing cross drain pipes where necessary.
7. Road crossings of wetlands utilizing fill materials shall install a geo-textile material between the wetland surface and the fill material to prevent migration of the fill material into the wetland soil profile. The geo-textile shall be of sufficient strength to resist tearing during installation and removal of the fill material.
8. Road crossings of wetlands utilizing removable, temporary mats, pads or other similar devices shall extend the minimum distance necessary to complete the project.
D. Bridges
1. General Conditions in Subsection 12.A.
2. Road Crossing Conditions in Subsection 12.C.
3. Bridges must be single span from top of bank to top of bank and structurally stable.
4. Temporary bridge crossings of all watercourses, including support structures, shall have a waterway opening sufficient to adequately discharge, at a minimum, the bank-full flow of the watercourse or stream. The waterway opening shall be large enough to minimize and confine any backwater related to the bank-full flow to the owner's property or if applicable, the boundary of the property leased for the crossing. The owner shall be responsible for any damages resulting from increased backwater caused by the temporary crossing. The permittee shall remove the temporary crossing in the event of high waters to prevent the increased backwater.
E. Culverts
1. General Conditions in Subsection 12.A.
2. Road Crossing Conditions in Subsection 12.C.
3. Culverts must provide a waterway area sufficient to adequately discharge the normal flow of the watercourse, and shall be of sufficient length to extend beyond the toe of the clean rock fill.
4. Culverts must be installed in such manner that overtopping of the roadway will occur within the banks of the stream channel. This can be accomplished by providing a depressed roadway embankment as shown on attached Drawings No. 3 and No. 4.
5. A culvert having as large a diameter as possible must be provided to minimize placement of excessive fill and excavation of the stream banks. If the bank height prohibits a large diameter pipe culvert, the crossing could consist of a bridge or a series of culverts. The minimum size diameter culvert to be used is 12 inches.
6. Road Crossings involving a series of pipe culverts shall be installed with a minimum spacing as specified on attached Drawing No. 4.
F. Fords
1. General Conditions in Subsection 12.A.
2. Road Crossing Conditions in Subsection 12.C.
3. Fords used as temporary crossings shall have the approaches adequately blocked and stabilized to prevent future use within five (5) days after termination of its intended use or at the end of the one (1) year period, whichever occurs first.
4. Fords are prohibited on streams or water bodies designated as high-quality (HQ) or Exceptional Value (EV) as defined and listed in 25 Pa. Code Chapter 93 (relating to water quality standards), and in watersheds tributary to drinking water intakes or reservoirs for public water supply users, where the ford is within 2,000 feet upstream of such intake or reservoir.
5. Whenever the streambed at the site of a ford does not have a rock bottom, a layer of clean sound rock material to prevent stream channel sedimentation during placement, removal and periods of overtopping must be provided. Rock material shall be durable enough to withstand the intended use while remaining stable and not degrade into fine particles.
6. This layer of clean rock shall not obstruct the stream flow. In addition the approaches must:
a. be maintained in a firm and stable condition and
b. enter and exit the stream at less than a 10% grade within 50 feet of the stream,
i. enter the stream with the flow and
ii. exit the stream against the flow.
G. Service line crossings
1. General Conditions in Subsection 12.A.
2. The maximum size temporary service line allowed is 24 inches inside diameter. If multiple lines are necessary to perform the crossing, the total inside cross-sectional area of all lines combined shall not exceed 453 square inches.
3. Sleeving of the temporary service line through a steel or concrete pipe; suspension via cable systems or through other structural means over the watercourse is permitted, however, no vertical support structures, valves, fittings or pipe joints shall be located within a sleeve or above the watercourse.
4. Temporary service lines using sleeves or other devices to support or carry the temporary service line over the watercourse shall be designed in accordance with current engineering standards.
5. Temporary service line crossings of all watercourses transmitting fresh water, which is devoid of any pollutional materials, shall be done by a single continuous span of pipe at a minimum from top of bank to top of bank. No vertical support structures, valves, fittings or pipe joints shall be located in or above the watercourse.
6. Temporary service line crossings of all watercourses transmitting fresh water which may contain any pollutional materials during the lifetime of the temporary crossing shall be done by a single continuous span of pipe at a minimum from the outer limit of the floodway across the watercourse to the other side of the floodway outer limit. No vertical support structures shall be located in or above the watercourse. No valves, fittings or pipe joints shall be located within the floodway limits of the watercourse, including above the watercourse.
7. Temporary service lines carrying fresh water or fresh water which may contain pollutional materials shall consist of materials that meet industry standards for durability, strength and appropriate pressure ratings to handle the anticipated uses and conditions.
8. Temporary service line crossings of all watercourses transmitting fresh water which may contain any pollutional materials during the lifetime of the temporary crossing shall have an operations and maintenance plan which shall include at a minimum the following:
a. Periodic inspection schedule of the temporary service line.
b. Shutoff valve exercising or similar assurance of valve performance.
c. Written procedures for terminating transmission of fluids in the event of a leak, break or rupture of the temporary service line including any valves or fittings.
d. Written procedures for terminating service at the end of operations and the collection of remaining fluids in a manner that prevents discharge into any Regulated Waters of the Commonwealth.
e. A written specific emergency response plan addressing actions to be taken in the event of a discharge, leak or spill of materials from the temporary service line. A copy of the plan shall be kept onsite at the operation. The emergency response plan must contain information necessary to meet the notification requirements for reporting discharge, leak or spill events which would result in pollution or create a danger of pollution to regulated waters of this Commonwealth contained in 25 Pa. Code § 91.33 (relating to incidents causing or threatening pollution).
9. Temporary service line crossings of all watercourses transmitting fresh water or fresh water which may contain pollutional materials shall have adequate provisions for shut-off in the event of a leak, break or rupture. Shut-off provisions shall be located at a minimum outside of the floodway limits of the waterway.
10. Temporary service line crossings of all watercourses, including support structures, shall have a waterway opening sufficient to adequately discharge, at a minimum, the bank-full flow of the watercourse or stream. The waterway opening shall be large enough to minimize and confine any backwater related to the bank-full flow to the owner's property or if applicable, the boundary of the property leased for the crossing. The owner shall be responsible for any damages resulting from increased backwater caused by the temporary crossing. The permittee shall remove the temporary crossing in the event of high waters to prevent the increased backwater.
11. Support structures located in the floodplain shall be designed to prevent frost heave, overturning and settlement.
12. Freeze protection shall be provided for temporary service line crossings in place during cold weather periods.
13. Expansion joints shall be provided between above-ground pipelines.
14. During the termination of operations of a temporary service line crossing or removal of a temporary service line crossing the owner must ensure that the contents of the service line crossing shall be disposed of properly and not discharged into any Regulated Waters of the Commonwealth.
13. Equipment—Use of motorized vehicles or equipment in a watercourse, stream or body of water is limited to the minimum necessary to complete the project. Motorized vehicles or equipment working in wetlands must be placed on mats or other measures must be taken to minimize disturbance.
14. 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 PFBC under 30 Pa.C.S. § 2906 (relating to permits for use of explosives). See Item 7.C.3.
15. Proper Maintenance—Facilities and activities authorized under this General Permit must be operated and maintained to protect public health, safety and the environment.
16. Aquatic Life Movements—No regulated activity may substantially disrupt the movement of those species of aquatic life indigenous to the watercourse, stream or body of water, including those species which normally migrate through the area.
17. Waterfowl Breeding Areas—Breeding areas for migratory waterfowl must be avoided to the maximum extent practicable.
18. Fill—Fill material must be uncontaminated, nonwater-soluble, nondecomposible inert solid material and must be free of asphalt, trash, construction debris, tires, toxic pollutants and never been subject to a spill or release of a contaminated substance. Temporary fills for construction purposes (e.g. road embankments, equipment staging, cofferdams and causeways) shall consist of only clean nonwater-soluble rock material (without fine particles or small-grained materials) to prevent the introduction of sediment to water resources.
19. Removal of Temporary Fills—Temporary fills and associated temporary BMPs must be removed in their entirety, and the affected areas stabilized and returned to their pre-existing elevations.
20. Navigation—No authorized activity shall permanently hinder commercial or recreational navigation.
21. 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 conditions of the General Permit. This General Permit condition is included pursuant to Section 16 of the DSEA, 32 P. S. § 693.16, and in no way limits any other powers granted under the DSEA.
22. 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 conditions of this General Permit or of 25 Pa. Code Chapter 105, the Department may take such actions, legal or administrative that it may deem to be appropriate, including revocation of the General Permit with regard to the violation.
23. Structure Removal—The owner shall remove all or any portion of the temporary crossing or activity 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.
24. Property Rights—This General Permit does not convey any property rights, either in real estate or material, or 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.
25. Signature—The General Permit Registration Form shall be signed by the person responsible for installation, operation, maintenance, and removal of the authorized activity.
A copy of the draft revised GP-8 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). A copy of the draft modified General Permit will be made available on the Department's web site and may be accessed at www.depweb.state.pa.us, select ''Public Participation,'' select ''Public Participation Center,'' select ''Get Involved,'' select ''Technical Guidance and Proposals,'' select ''Proposals Currently Open for Comment,'' then navigate to the items for ''Proposed Revisions to General Permit BWEW-GP-8: Temporary Road Crossings; General Permit BWEW-GP-8.''
The Department requests written comments on the proposed modifications to this General Permit by January 10, 2014. Comments received by facsimile will not be accepted. Interested persons may submit written comments, suggestions or objections to the previously listed address or RA-GP8Comments@pa.gov. Questions can be addressed by calling (717) 787-3411 or e-mailing kmurin@pa.gov.
E. CHRISTOPHER ABRUZZO,
Acting Secretary
[Pa.B. Doc. No. 13-2059. Filed for public inspection November 1, 2013, 9:00 a.m.]
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