§ 106.12. Permit applications—information and fees.
(a) Application for permits under this chapter shall be submitted to the Department in writing, upon forms provided by the Department.
(b) Each application submitted for a permit under this chapter shall be accompanied by a check for $50 payable to ‘‘Commonwealth of Pennsylvania’’; except that applications submitted by Federal, State, county or municipal agencies or municipal authorities are exempt from the filing fee.
(c) A single application may be submitted and the Department may issue a single permit authorizing in one or more floodplains multiple obstructions or recurrent activities which are associated with an integrated project or activity or consist of numerous dispersed individual elements or classes of obstructions or activities similar in type, character or design.
(d) Each application for a permit shall be accompanied by the following information, maps, plans, specifications, design analyses, test reports and other data and additional information as may be required by the Department to determine compliance with this chapter:
(1) Floodplain maps prepared by FEMA and copies of municipal floodplain management regulations adopted under the act.
(2) Plans showing the location, size and height of the proposed highway obstruction or obstruction and detailing the topographic features, elevations, and nearby structures so as to enable an appraisal of the hazard potential of the obstruction.
(3) A description of the floodplain within the municipality or area which may be affected by the project and a plan showing drainage patterns and flood elevations within the floodplain.
(4) A hydrologic and hydraulic report which shall include:
(i) Data on size, shape and characteristics of the watershed.
(ii) The 100-year flood elevation.
(iii) An hydraulic analysis to show the effect of the highway obstruction or obstruction on the floodplain including a backwater analysis and an assessment of flood damage.
(5) For buildings subject to § 106.31(c) (relating to hydraulic capacity), an evacuation plan which fully explains the manner in which the site will be safely evacuated before or during a flood event.
(e) Applications for permits under this chapter shall be accompanied where applicable by an erosion and sedimentation control plan for all earthmoving activities in the floodplain. This plan shall conform to Chapter 102 (relating to erosion and sediment control) and shall include a copy of a letter from the conservation district in the county where the project is located indicating that the district has reviewed the applicant’s erosion and sedimentation control plan and considered it to be satisfactory.
(f) Each application shall be signed by the owner of the highway obstruction or obstruction or the persons exercising primary responsibility for the highway obstruction or obstruction. In the case of a partnership, one or more members of the partnership authorized to sign on behalf of the entire partnership shall sign the application. In the case of a corporation, it shall be signed by the president, vice president, or other responsible official empowered to sign for the corporation, with the corporate seal or other proof of authorization to sign for the corporation affixed. In the case of a political subdivision, it shall be signed by the chief officer of the political subdivision or other responsible official empowered to sign for the political subdivision, with the seal affixed and attested by the clerk.
(g) Plans, specifications, and reports accompanying applications for highway obstructions or obstructions shall be affixed with the seal of a registered professional engineer, architect, land surveyor, landscape architect or other person licensed by the Commonwealth to provide the professional service required for the specific project and his certification, which shall read as follows:
‘‘I (name) do hereby certify to the best of my knowledge, information and belief, that the information contained in the accompanying plans, specifications, and reports has been prepared in accordance with accepted professional practice, is true and correct, and is in conformance with Chapter 106 of the rules and regulations of the Department of Environmental Protection.’’
(h) Applications may be submitted which omit information specifically required by this section if the applicant justifies the omissions. The Department may waive specific requirements of this section if, upon review of the data submitted, it is determined that the information is not necessary. The Department may also waive documentary requirements of this section for specific classes of obstructions if the required information is not necessary to review an application for those classes of obstructions.
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