(b) In reviewing a
permit application under this chapter, the Department will use the following
factors to make a determination of impact:
(1)
Potential threats to life or property created by the dam, water obstruction or
encroachment.
(2) Potential threats
to safe navigation created by the dam, water obstruction or
encroachment.
(3) The effect of the
dam, water obstruction or encroachment on the property or riparian rights of
owners upstream, downstream or adjacent to the project.
(4) The effect of the dam, water obstruction
or encroachment on regimen and ecology of the watercourse or other body of
water, water quality, stream flow, fish and wildlife, aquatic habitat, instream
and downstream uses and other significant environmental factors.
(5) The impacts of the dam, water obstruction
or encroachment on nearby natural areas, wildlife sanctuaries, public water
supplies, other geographical or physical features including cultural,
archaeological and historical landmarks, National wildlife refuges, National
natural landmarks, National, State or local parks or recreation areas or
National, State or local historical sites.
(6) Compliance by the dam, water obstruction
or encroachment with applicable laws administered by the Department, the Fish
and Boat Commission and river basin commissions created by interstate compact.
(7) The extent to which a project
is water dependent and thereby requires access or proximity to or siting within
water to fulfill the basic purposes of the project. The dependency must be
based on the demonstrated unavailability of any alternative location, route or
design and the use of location, route or design to avoid or minimize the
adverse impact of the dam, water obstruction or encroachment upon the
environment and protect the public natural resources of this
Commonwealth.
(8) Present
conditions and the effects of reasonably foreseeable future development within
the affected watershed upstream and downstream of the dam, water obstruction or
encroachment:
(i) A dam, water obstruction or
encroachment shall be designed, constructed and operated to assure adequacy and
compliance with this chapter, taking into account reasonably foreseeable
development within the watershed.
(ii) In assessing the impact of future
development upon a dam, water obstruction or encroachment, the Department may
require the applicant to submit data regarding estimated development potentials
and municipal, county and regional planning related to the affected watershed.
(9) Consistency with
State and local floodplain and stormwater management programs, the State Water
Plan and the Coastal Zone Management Plan.
(10) Consistency with the designations of
wild, scenic and recreational streams under the Wild and Scenic Rivers Act of
1968 (16 U.S.C.A.
§§
1271-
1287) or the
Pennsylvania Scenic Rivers Act (
32 P. S. §§
820.21-820.29), including identified 1-A
candidates.
(11) Consistency with
State antidegradation requirements contained in Chapters 93, 95 and 102
(relating to water quality standards; wastewater treatment requirements; and
erosion and sediment control) and the Clean Water Act (33 U.S.C.A. §§
1251-
1376).
(12) Secondary impacts associated with but
not the direct result of the construction or substantial modification of the
dam or reservoir, water obstruction or encroachment in the area of the project
and in areas adjacent thereto and future impacts associated with dams, water
obstructions or encroachments, the construction of which would result in the
need for additional dams, water obstructions or encroachments to fulfill the
project purpose.
(13) For dams,
water obstructions or encroachments in, along, across or projecting into a
wetland, as defined in §
105.1 (relating to definitions),
the Department will also consider the impact on the wetlands values and
functions in making a determination of adverse impact.
(14) The cumulative impact of this project
and other potential or existing projects. In evaluating the cumulative impact,
the Department will consider whether numerous piecemeal changes may result in a
major impairment of the wetland resources. The Department will evaluate a
particular wetland site for which an application is made with the recognition
that it is part of a complete and interrelated wetland
area.
(c) In reviewing a
permit application under §
105.11(c)
(relating to permit requirements) and section 6(c) of the act (
32 P. S. §
693.6(c)) for the operation
and maintenance of an existing dam, water obstruction or encroachment, the
Department will use the following factors:
(1) Potential threats to life, property or
safe navigation created by the continuing operation or maintenance of the
project.
(2) Adverse impact on
stream flow, water quality or the environment which might be reduced or
mitigated by reasonable changes in the operation of the project.
(3) Compliance of the operation and
maintenance of the project with applicable laws administered by the Department,
the Fish and Boat Commission and river basin commissions created by interstate
compact.