Subchapter G. STREAM CROSSINGS, OUTFALLS AND HEADWALLS
GENERAL PROVISIONS Sec.
105.291. Scope.
105.292. [Reserved].
105.293. [Reserved].
105.294. [Reserved].
PERMITS
105.301. Permit applications for construction or modification.
105.302. Permit applications for existing stream crossings by pipelines for conveyance of petroleum products and gas.
CRITERIA FOR APPROVAL OF CONSTRUCTION OR
MODIFICATION
105.311. General criteria.
105.312. Cover material.
105.313. Pipelines under stream beds.
105.314. Pipelines along streams.
105.315. Aerial crossings.
Cross References This subchapter cited in 25 Pa. Code § 105.14 (relating to review of applications).
GENERAL PROVISIONS
§ 105.291. Scope.
Except as provided in § § 105.3 and 105.12 (relating to scope; and waiver of permit requirements), this subchapter applies to stream crossings, outfalls, headwalls, pipelines, aerial crossings and other analogous structures which are placed in, along, across, over or under the regulated waters of this Commonwealth.
Source The provisions of this § 105.291 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial page (38886).
§ 105.292. [Reserved].
Source The provisions of this § 105.292 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; reserved September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial page (38886).
§ 105.293. [Reserved].
Source The provisions of this § 105.293 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; reserved September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial page (38887).
§ 105.294. [Reserved].
Source The provisions of this § 105.294 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; reserved September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial page (38887).
PERMITS
§ 105.301. Permit applications for construction or modification.
In addition to the information required under § 105.13 (relating to permit applications—information and fees), applications for stream crossings shall contain the following, where applicable:
(1) The shore lines of the affected body of water, including both high and low water marks.
(2) Existing structures and stream crossings in the vicinity of the proposed crossings.
(3) The alignment of the proposed pipe or cable.
(4) The depth of the proposed pipe or cable and the clear depth below the data plane to be afforded by the pipe or cable in navigable channels.
(5) A cross section of the stream from bank to bank with the location of the stream crossing to be affixed thereon.
(6) In the case of outfalls, the discharge capacity of the structures.
(7) A statement indicating the purpose of the proposed stream crossing.
(8) The amount and type of cover material.
(9) Adequate provisions for shut-off in the event of break or rupture.
(10) Other information as the Department may require.
Source The provisions of this § 105.301 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial page (38888).
§ 105.302. Permit applications for existing stream crossings by pipelines for conveyance of petroleum products and gas.
In addition to the information required under § 105.13 (relating to permit applications—information and fees), applications for existing stream crossings by pipelines for conveyance of petroleum products and gas shall contain the following:
(1) The shore lines of the affected body of water, including both high and low water marks.
(2) The alignment and depth of the pipe or cable, and the clear depth below the data plane afforded by the pipe in navigable channels.
(3) A cross section of the stream from bank to bank with the location of the pipeline affixed thereon.
(4) The amount and type of cover material.
(5) Provisions for shut-off in the event of break or rupture.
(6) Other information as the Department may require.
Source The provisions of this § 105.302 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843.
CRITERIA FOR APPROVAL OF CONSTRUCTION OR
MODIFICATION
§ 105.311. General criteria.
In evaluating applications for stream crossings, outfalls, headwalls, pipelines, aerial crossings and other analogous structures, the Department will not approve an application if one or more of the following is true:
(1) The stream crossings are placed in such a manner as to be displaced by flood waters.
(2) The stream crossing alters the cross section of the stream and its banks.
(3) There is unnecessary paralleling or crossing of streams by pipelines or cables.
(4) Pipelines or cables are placed on the bed of streams.
Source The provisions of this § 105.311 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial page (38888).
§ 105.312. Cover material.
No waste material of any type may be used as cover material for stream crossings.
Source The provisions of this § 105.312 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial page (38888).
§ 105.313. Pipelines under stream beds.
(a) Pipelines under stream beds shall be located such that there will be a minimum of 3 feet of cover between the top of the pipe or encasement and the lowest point in the stream bed; provided, that if the pipeline is in rock, it shall have the depth of granular soil plus 6 inches for cover, but never less than 1 foot of total cover.
(b) Pipelines under the stream bed shall be as near to horizontal as possible.
(c) The Department may require additional information or waive the requirements of subsection (a) in specific cases.
Source The provisions of this § 105.313 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843.
§ 105.314. Pipelines along streams.
Pipelines along streams shall be located a sufficient distance away from the bank to prevent damage to the bank as a result of erosion; pipelines shall be located a minimum of 25 feet away from the streambank unless other erosion protection measures are approved by the Department.
Source The provisions of this § 105.314 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843.
§ 105.315. Aerial crossings.
Aerial crossings shall comply with the criteria of Subchapter C (pertaining to culverts and bridges) with regard to hydraulic capacity, height and clearance.
Authority The provisions of this § 105.315 issued 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. 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).
Source The provisions of this § 105.315 adopted October 11, 1991, effective October 12, 1991, 21 Pa.B. 4911.
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