(a) Application for permits under this
chapter shall be submitted to the Department, in writing, upon forms provided
by the Department. Applicants are encouraged to request a meeting with the
Department prior to submission of their applications. An application for a
permit, registration for a general permit, request for permit amendment, major
or minor letter of amendment or authorization, major dam design revision,
environmental assessments, permit transfer or annual dam registration under
this chapter shall be accompanied by a check for the applicable fees except for
submissions by Federal, State, county or municipal agencies or a municipal
authority.
(b) Fees collected by
the Dam Safety Program and Water Obstruction and Encroachment Program,
including delegations to local agencies, will be deposited into a restricted
revenue account known as the Clean Water Fund and utilized to offset the
operating costs to implement respective programs.
(c) The fees are as follows:
(1)
Dams based on size and hazard
potential category as defined in §
105.91 (relating to classification
of dams and reservoirs).
(i)
Dam permit application fees for new dam construction.
Hazard Potential
Category
|
1 |
2 |
3 |
4 |
Size Category |
A |
$26,500 |
$26,500
|
$25,500 |
$23,500 |
B |
$19,000 |
$19,000
|
$18,500 |
$17,000 |
C |
$10,500 |
$10,500
|
$10,000 |
$8,000 |
(A)
Initial fees are based upon the size and hazard potential category of the final
operating stage of the dam.
(B)
Staged construction requires an additional 90% of the appropriate fee for each
additional stage beyond the initial stage of work proposed under this permit
application, including any closure stage.
(ii)
Dam permit application fees for
modification of existing dams.
Hazard Potential
Category
|
1 |
2 |
3 |
4 |
Size Category |
A |
$18,500 |
$18,500
|
$18,500 |
$18,000 |
B |
$12,000 |
$12,000
|
$12,000 |
$11,500 |
C |
$7,500 |
$7,500
|
$7,500 |
$7,500 |
(A)
Initial fees are based upon the size and hazard potential category of the final
operating stage of the dam.
(B)
Staged construction requires an additional 85% of the appropriate fee for each
additional stage beyond the initial stage of work proposed under this permit
application, including any closure stage.
(iii)
Dam permit application fees for
operation and maintenance of existing dams.
Hazard Potential
Category
|
1 |
2 |
3 |
4 |
Size Category |
A |
$12,500 |
$12,500
|
$12,000 |
$10,000 |
B |
$10,000 |
$10,000
|
$9,500 |
$8,500 |
C |
$7,000 |
$7,000
|
$6,500 |
$6,000 |
(iv)
Letter of amendment or
authorization review fees.
Size Category
|
Major Project
|
Minor Project
|
A |
$14,700 |
$1,300 |
B |
$8,700 |
$1,000 |
C |
$4,400 |
$650 |
(A) The
estimated total construction cost of the project shall be provided to the
Department with the submission of the letter of amendment or authorization
request.
(B) A major project is a
dam rehabilitation project qualifying for a Letter of Amendment for Dams or a
Letter of Authorization for Dams as defined in §
105.1 (relating to definitions)
whose total construction costs equal or exceed $250,000. If, after completion
of the project, the total construction costs do not exceed $250,000, the
Department will refund the difference between major and minor project review
fees upon approval of the completion certification as required under §
105.108 (relating to completion,
certification and project costs).
(C) A minor project is a dam rehabilitation
project qualifying for a Letter of Amendment for Dams or a Letter of
Authorization for Dams as defined in §
105.1 whose total construction
costs are less than $250,000. If, after completion of the project, the total
construction costs equal or exceed $250,000, the difference in review fees
between major and minor projects must be submitted to the Department with the
completion certification as required under §
105.1 08.
(v)
Major dam design revision review
fees based on major dam design revision as defined in § 105.1.
Size Category
|
Fee
|
A |
$4,700 |
B |
$3,200 |
C |
$1,700 |
(vi)
Environmental assessment review
fees for nonjurisdictional dams, letters of amendment or letters of
authorization.
Size Category
|
Fee
|
A |
$1,400 |
B |
$1,000 |
C |
$900 |
(vii)
Transfer of dam permit as
required under § 105.25 (relating to transfer of permits).
Type of Dam Permit Transfer
|
Fee
|
No Proof of Financial Responsibility Required
|
$550 |
Proof of Financial Responsibility Required
|
$300 |
(viii)
Annual dam registration fees
as required under §
105.131a (relating to annual dam
registration).
Hazard Potential
Category
|
1 |
2 |
3 |
4 |
Size Category
|
A |
$1,500 |
$1,500 |
$800
|
$0 |
B |
$1,500 |
$1,500 |
$800
|
$0 |
C |
$1,500 |
$1,500 |
$800
|
$0 |
(A)
Annual registration fees are due by July 1 of each year.
(B) If the annual registration fee is not
received by July 1, dams regulated by the Department are subject to a temporary
suspension of the dam permit, if applicable, and the owner or operator may be
required to drain the reservoir at a rate not to exceed 1 foot per
day.
(C) If the annual registration
fee is not received by July 1, dams regulated by the Department qualifying for
waiver of permit provisions in §
105.12 (relating to waiver of
permit requirements) may be subject to a temporary draining of the reservoir at
a rate not to exceed 1 foot per day.
(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.
(2)
Water obstructions and encroachments.
Fee Title/Type
|
Fee
|
Water Obstruction and
Encroachment Permit Application Fees
|
Joint application |
Administrative
filing fee (* plus applicable disturbance review fees) |
$1,750 |
General Permit
|
Registration Fees
|
GP-1 |
Fish habitat enhancement
structures |
$50 |
GP-2 |
Small docks and boat launching
ramps |
$175 |
GP-3 |
Bank rehabilitation, bank
protection and gravel bar removal |
$250 |
GP-4 |
Intake and outfall structures
|
$200 |
GP-5 |
Utility line stream crossings
|
$250 |
GP-6 |
Agricultural crossings and ramps
|
$50 |
GP-7 |
Minor road crossings
|
$350 |
GP-8 |
Temporary road crossings
|
$175 |
GP-9 |
Agricultural activities
|
$50 |
GP-10 |
Abandoned mine reclamation
|
$500 |
GP-11* |
Maintenance, testing, repair,
rehabilitation or replacement of water obstructions and encroachments
|
$750 |
GP-15* |
Private residential
construction in wetlands |
$750 |
* Disturbance review fees added to
application, registration or other fees where applicable |
Permanent disturbance |
Waterways,
floodways/floodplains and wetlands per tenth acre, minimum 0.1 acre
|
$800 |
Temporary disturbance |
Waterways,
floodways/floodplains and wetlands per tenth acre, minimum 0.1 acre
|
$400 |
Other Fees not Added to
Initial Application or Registration Fees
|
Environmental assessment for waived activities
(§ 105.12(a)(11) and (16) per §
105.15(d))
|
$500 |
Major amendment to Water Obstruction and
Encroachment Permit* |
$500 |
Minor amendment to Water Obstruction and
Encroachment Permit |
$250 |
Transfer of permit with Submerged Lands License
Agreement (SLLA) |
$200 |
Transfer of permit without SLLA |
$100
|
(i)
Small projects require a joint application for a Water Obstruction and
Encroachment Permit and follow the same fee requirements.
(ii) Additional General Permit registration
requirements are as follows:
(A) General
Permit registration for GP-11 and GP-15 also requires disturbance review fees
when applicable.
(B) Conservation
districts may charge additional review fees in accordance with section 9(13) of
the Conservation District Law (3 P. S. §
857(13)).
(C) Registration fees for coverage under a
General Permit issued under Subchapter L (relating to general permits) not
otherwise specified in this section will be established in the General Permit.
The applicability of the disturbance review fees will also be established in
the General Permit.
(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.
(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.
(B) If a permit applicant is subject to
payment of royalties to the Commonwealth under 58 Pa. Code §
51.92
(relating to royalty rates), the disturbance review fees are not required for
the area of disturbance subject to the royalty payment.
(iv) Environmental Assessment for waived
activities fee applies to use of the waivers at §
105.12(a)(11) and
(16). Environmental Assessment for these
waivers is required under §
105.15(d)
(relating to environmental assessment).
(v) A minor amendment of an existing Water
Obstruction and Encroachment Permit, permit authorization or water quality
certificate before its expiration is an amendment that does not require an
extensive review and evaluation and includes the following:
(A) Changes that do not substantially alter
permit conditions, increase the amount of surface water impacts, increase the
size of the operation or reduce the capacity of the facility to protect human
health, safety or the environment.
(B) Requests for time extensions.
(C) Aquatic resource mitigation credit
transfers from an approved mitigation bank.
(vi) A major amendment of an existing Water
Obstruction and Encroachment Permit, permit authorization or water quality
certificate before its expiration is an amendment that is not a minor
amendment.
(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. When a single
application covers multiple structures or activities other than a single
structure and related maintenance dredging, the application fee shall be the
sum of fees in subsection (c) for the applicable structures and activities.
Water obstructions and encroachments located within a single county shall be
treated as a single structure or activity but the application fee shall be the
sum of fees for each water obstruction and encroachment.
(e) An application for or a registration of a
permit must be accompanied by information, maps, plans, specifications, design
analyses, test reports and other data specifically required under this chapter
and additional information as required under the Department to determine
compliance with this chapter.
(1) For all
permit applications, except small projects, this information includes, but is
not limited to, the following:
(i) A site
plan. A site plan must include:
(A) A
complete demarcation of the floodplains and regulated waters of this
Commonwealth on the site. The wetlands shall be identified and delineated in
accordance with the Department's Wetland Delineation Policy in §
105.451 (relating to
identification and delineation of wetlands-statement of policy).
(B) Existing roads, utility lines, lots,
other manmade structures and natural features such as contour lines and
drainage patterns.
(C) Proposed
structures or activities included in the project, which shall be identified by
labeling.
(D) A scale of one inch
equals 200 feet or larger.
(E) A
north arrow.
(F) The name of the
persons who prepared the plan, and the date and name of the
applicants.
(G) A cross sectional
view of the regulated waters to be impacted before and after the structure or
activity is constructed.
(ii) A location map. The location map must be
of a scale factor of 1:24000 (standard U.S.G.S. Topographic Map). The location
map must show all natural features including the names and boundaries of
regulated waters of this Commonwealth, natural areas, wildlife sanctuaries,
natural landmarks, political boundaries, locations of public water supplies and
other geographical or physical features including cultural, archeological and
historical landmarks within 1 mile of the site. U.S.G.S. maps may be reviewed
at County Conservation District Offices or obtained by writing to United States
Geological Survey Map Distribution, Box 25286 Federal Center, Denver, CO
80225.
(iii) Project description. A
narrative of the project shall be provided which includes, but is not limited
to:
(A) A description of the proposed
structure or activity.
(B) The
project purpose.
(C) The effect the
project will have on public health, safety or the environment.
(D) A statement on water dependency. A
project is water dependent when the project requires access or proximity to or
siting within water to fulfill the basic purposes of the project.
(iv) Color photographs. Color
photographs of the proposed site shall be submitted. The photos must accurately
depict the project area and provide a relative scale of the project to the
surrounding area and a map showing the location and orientation of each
photograph.
(v) Stormwater
management analysis. If a watershed stormwater management plan has been
prepared or adopted under the Storm Water Management Act (32 P. S. §§
680.1-680.17), an analysis of the project's
impact on the Stormwater Management Plan and a letter from the county or
municipality commenting on the analysis shall be included.
(vi) Floodplain management analysis. If the
proposed dam, water obstruction or encroachment is located within a floodway
delineated on a FEMA map, include an analysis of the project's impact on the
floodway delineation and water surface profiles and a letter from the
municipality commenting on the analysis.
(vii) Risk assessment. If the stormwater or
the floodplain management analysis conducted in subparagraphs (v) and (vi)
indicates increases in peak rates of runoff or flood elevations, include a
description of property and land uses which may be affected and an analysis of
the degree of increased risk to life, property and the environment.
(viii) Alternatives analysis. A detailed
analysis of alternatives to the proposed action, including alternative
locations, routings or designs to avoid or minimize adverse environmental
impacts.
(ix) Mitigation plan.
Actions to be taken in accordance with the definition of mitigation in this
chapter.
(x) Impacts analysis. A
detailed analysis of the potential impacts, to the extent applicable, of the
proposed project on water quality, stream flow, fish and wildlife, aquatic
habitat, Federal and State forests, parks, recreation, instream and downstream
water uses, prime farmlands, areas or structures of historic significance,
streams which are identified candidates for or are included within the Federal
or State wild and scenic river systems and other relevant significant
environmental factors. If a project will affect wetlands the project
description shall also include:
(A) A
narrative of the delineation process supported by the appropriate data sheets
and copies of appropriate soil maps and descriptions from soil conservation
service soil surveys. Soil conservation service soil surveys may be obtained
from the county conservation district offices.
(B) An analysis of whether the wetland is
exceptional value as classified in §
105.17 (relating to
wetlands).
(C) A statement on water
dependency. A project is water dependent when the project requires access or
proximity to or siting within water to fulfill the basic purposes of the
project.
(2) An
application for a project which will affect less than 1 acre of wetland where
the wetland is not exceptional value wetland shall also include a description
of functions and values of the existing wetlands to be impacted by the project,
as defined in § 105.1.
(3) An
application for a project which may have an effect on an exceptional value
wetland or on 1 or more acres of wetland must also include an assessment of the
wetland functions and values using a methodology accepted by the Department and
a survey, conducted by a licensed professional land surveyor, of the wetland
boundary as delineated and of the property lines of the parcel where the
project is located.
(4) When the
Department or delegated local agency determines that an application or
registration is incomplete or contains insufficient information to determine
compliance with this chapter, it will notify the applicant in writing. The
applicant shall have 60 days to provide the information necessary to complete
the application or registration. Thereafter, the Department or delegated local
agency will consider the application to be withdrawn by the applicant. Requests
for a specific extension may be sought by the applicant in writing. The
applicant will be notified in writing when an application or registration is
considered withdrawn. When an application or registration is considered
withdrawn, the Department or local agency will close the application file and
will not take action to review the file.
(5) If the application has been withdrawn in
accordance with paragraph (4), the fees associated with filing the application
will not be refunded.
(f)
A permit application for small projects located in streams or floodplains must
be accompanied by the following information. This permit application may not be
used for projects located in wetlands. If upon review the Department determines
that more information is required to determine whether a small project will
have an insignificant impact on safety and protection of life, health, property
or the environment, the Department may require the applicant to submit
additional information and processing fees required under this chapter.
(1) A site plan. A site plan must include:
(i) The floodplains and regulated waters of
this Commonwealth on the site, including wetlands, existing roads, utility
lines, lots, other manmade structures, natural features such as slopes and
drainage patterns, proposed structures or activities included in the
project.
(ii) The names of the
persons who prepared the plan.
(iii) The date and the name of
applicants.
(iv) A north
arrow.
(2) A cross
sectional view. A cross sectional view of the affected regulated waters of this
Commonwealth before and after the structure or activity is
constructed.
(3) A location map. A
map showing the geographic location of the project. U.S.G.S. topographic maps,
FEMA maps or municipal maps are acceptable. FEMA and municipal maps may be
obtained from local government offices. U.S.G.S. maps may be reviewed at county
conservation district offices or obtained by writing to United States
Geological Survey Map Distribution, Box 25286 Federal Center, Denver, CO
80225.
(4) Project description. A
narrative of the project shall be provided which includes, but is not limited
to:
(i) A description of the proposed
structure or activity.
(ii) The
project purpose.
(iii) The effect
the project will have on public health, safety or the environment.
(iv) The project's need to be in or in close
proximity to water.
(5)
Color photographs. Color photographs of the proposed site must be submitted.
The photos must accurately depict the project area and provide a relative scale
of the project to the surrounding area and a map showing the location and
orientation of each photograph.
(g) Except for small projects, an application
for a permit under this chapter shall be accompanied by proof of an application
for an Earth Disturbance Permit or an erosion and sedimentation control plan
for activities in the stream and earthmoving activities. The plan must conform
to requirements in Chapter 102 (relating to erosion and sediment control) and
must 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
erosion and sediment control plan of the applicant and considered it to be
satisfactory, if applicable. Earthmoving activities, including small projects,
shall be conducted pursuant to an earth disturbance plan.
(h) An application shall be submitted by the
person who owns or has primary responsibility for the proposed dam or
reservoir, water obstruction or encroachment. If an application is submitted by
a person with primary responsibility for the structure or activity, the owner
of a dam or reservoir, water obstruction or encroachment will not thereby be
relieved of legal duties or responsibilities for the structure or activity as
imposed by the act or this chapter.
(i) An application shall be signed by the
owners of the dam or reservoir, water obstruction or encroachment, or the
persons exercising primary responsibility for the dam or reservoir, water
obstruction or encroachment. 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. 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.
(j) Plans,
specifications and reports accompanying applications for any category of dams,
or for bridges and other water obstructions or encroachments which would pose a
threat to human life or substantial potential risk to property shall be affixed
with the seal of a registered professional engineer and a certification, signed
by the registered professional engineer, which shall read as follows:
"I (name) do hereby certify pursuant to the penalties
of
18 Pa.C.S.A. Sec. 4904 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 engineering practice, is true and correct,
and is in conformance with Chapter 105 of the rules and regulations of the
Department of Environmental Protection."
(k) The Department may waive the specific
information requirements of this section in writing, in the record of decision,
if upon review of the permit application, the Department finds that specific
information is not necessary to review the application.
(l) The Department will review the adequacy
of the fees in this section at least once every 3 years and provide a written
report to the EQB. The report will identify any disparity between the amount of
program income generated by the fees and the costs to administer these
programs, and it will contain recommendations to adjust fees to eliminate the
disparity, including recommendations for regulatory amendments.