(a) A
person may not construct, operate, maintain, modify, enlarge or abandon the
following categories of structures or activities until an Environmental
Assessment has been approved in writing by the Department. The Environmental
Assessment must be on a form provided by the Department and include the
following information:
(1) For dams, water
obstructions or encroachments permitted under this chapter, the Department will
base its evaluation on the information required by §
105.13 (relating to permit
applications-information and fees) and the factors included in §
105.14(b)
(relating to review of applications) and this section.
(2) For dams, water obstructions or
encroachments located in, along or projecting into a wetland for which a permit
is not otherwise required under this chapter, the Department will base its
evaluation on the information required by §
105.13(d) and the
factors included in §
105.14(b) and
this section.
(3) For dams located
in, along or projecting into an exceptional value water as defined in Chapter
93 (relating to water quality standards) for which a permit is not otherwise
required under this chapter, the Department will base its evaluation on the
information required by the factors included in Chapter 93 and §§
105.13(d) and
105.14(b) and the
following information submitted by the applicant:
(i) The surface area of the
impoundment.
(ii) The height of the
dam.
(iii) The mean depth and
maximum depth of the stream at the location of the dam.
(iv) A description of the release
structure.
(v) The rate of a
conservation release.
(vi) The
design of bypass structures.
(vii)
The use of the dam.
(viii) The
material used for construction of the dam.
(b) For structures or activities where water
quality certification is required under section 401 of the Clean Water Act
(33 U.S.C.A. §
1341), an applicant requesting water quality
certification under section 401 shall prepare and submit to the Department for
review, an environmental assessment containing the information required by
subsection (a) for every dam, water obstruction or encroachment located in,
along, across or projecting into the regulated water of this
Commonwealth.
(c) Based on the
results of the environmental assessment required under subsection (a), the
Department may require the applicant to undertake further studies and submit
additional information, analyses and reports as found necessary by the
Department.
(d) The environmental
assessment has been conducted by the Department for all general permits,
categories of structures and activities listed in §
105.12(a)(1)-(10) and
(12)-(15) (relating to waiver of permit
requirements). The environmental assessment has also been conducted for the
structures or activities listed in §
105.12(b) or for
which water quality certification has been granted for a Nationwide permit
regulating the structure or activity and the environmental assessment
requirements have been deemed satisfied.
Notes
The
provisions of this § 105.15 adopted September 10, 1971, effective
9/11/1971, 1 Pa.B. 1804; amended
August 11, 1978, effective 8/28/1978, 8 Pa.B. 2229; amended September 26,
1980, effective 9/27/1980, 10
Pa.B. 3843; amended October 11, 1991, effective 10/12/1991, 21 Pa.B. 4911; amended January 7,
2011, effective 1/8/2011, 41
Pa.B. 219.
The provisions of this § 105.15 amended 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).
This section cited in 25 Pa. Code §
96.3 (relating to quality
protection requirements); 25 Pa. Code §
105.13 (relating to regulated
activities-information and fees); 25 Pa. Code §
105.18a (relating to permitting of
structures and activities in wetlands); 25 Pa. Code §
105.81 (relating to permit
applications for construction and modification of dams and reservoirs); 25 Pa.
Code §
105.82 (relating to permit
applications for operation and maintenance of existing dams and reservoirs); 25
Pa. Code §
105.89 (relating to Letters of
Amendment and Letters of Authorization for modification of dams and
reservoirs); and 25 Pa. Code §
105.442 (relating to authorization
for general permits).
