March 23, 24, DEP Update

Transcription

1 March 23, 24, 2017 DEP Update Chapter 105; Jurisdiction of Dams By Jim Pillsbury PE Westmoreland Conservation District.

2 The rule is A person may not construct, operate, maintain, modify, enlarge or abandon a dam, water obstruction or encroachment without first obtaining a written permit from the Department.

3 Definitions: Dam: Any artificial barrier, together with its appurtenant works constructed for the purpose of impounding or storing water or any other fluid or semifluid; or any refuse bank fill or structure for highway, railroad or other purposes which does or may impound water or any other fluid or semifluid.

4 When is a permit required for a dam? Drainage area > 100 acres

5 When is a permit required for a dam? Height > 15 feet Height measured from upstream toe of dam Freeboard required between top of riser and top of dam

6 When is a permit required for a dam? Maximum storage > 50 acre-feet, or, about 16 million gallons

7 When is a permit required for a dam? Dams used for the storage of fluids or semifluids, the escape of which may result in air, water, or land pollution, or may result in danger to persons or property. Little Blue Run Dam H = 400 ft L = 2200 ft SA = 1900 acres Impounds 20 billion gallons of coal ash slurry

8 When do you need an Environmental Assessment for a dam? EA is a specific part of the Water Obstruction and Encroachment Permit (Joint Permit) EA requires a study of all aquatic resources, riparian habitat, water uses, water quality, recreation, etc. EA requires you to identify and evaluate the potential cumulative environmental impacts of this project and other potential or existing projects like it, and the impacts that may result through numerous piecemeal changes to the resource. EA must be approved by DEP.

9 When do you need an Environmental Assessment for a dam? If you need a Dam Safety Permit If the dam does not need a permit but is located in a wetland If the dam does not need a permit but is located in an HQ or EV watershed If water quality certification is required by another permit.

10 Chapter 105 Definitions: Watercourse: A channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.

11 Definitions: Encroachment: A structure or activity which changes, expands or diminishes the course, current, or cross section of a watercourse, floodway or body of water.

12 Definitions: Obstruction: A dike, bridge, culvert, wall, wingwall, fill, pier, wharf, embankment, abutment or other structure located in, along, or across or projecting into a watercourse, floodway, or body of water.

13 Types of Chapter 105 Authorizations: Waiver Waiver 2: A water obstruction in a stream or floodway with a drainage area of 100 acres or less. This waiver does NOT apply to wetlands located in the floodway. Your project may require authorization from the US Army Corps of Engineers, Pittsburgh District. Pittsburgh District Short Application Checklist Regulatory Branch, Department of the Army Pittsburgh District Corps of Engineers 1000 Liberty Avenue Pittsburgh, PA (412)

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15 Types of Chapter 105 Authorizations: General Permit GP-1: Fish Habitat GP-2: Small Docks & Boat Launch Ramps GP-3: Bank Rehabilitation & Gravel Bar Removal GP-4: Intake & Outfall

16 Please use the most current forms. The date is found in the upper lefthand corner. Forms available from a link on WCD s website!!

17 Types of Authorizations: General Permit GP-5: Utility Line Crossings GP-6: Agricultural Crossings GP-7: Minor Road Crossings GP-8: Temporary Road Crossings GP-9: Agricultural Activities GP 1 thru 9 are issued by WCD. GP-11: a very useful permit but GP-11 is not issued by WCD.

18 Changes to the Chapter 105 General Permits Aquatic Resource Impact Table must be completed with a Chapter 105 GP submittal. DEP and the Army Corps view impacts slightly differently. Example: the Corps says a utility line in the streambed is not a permanent impact, whereas DEP says it is a permanent impact. Follow the instructions included with the table.

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20 Changes to the Chapter 105 General Permits PASPGP-5 Reporting Criteria Checklist must be completed with the Chapter 105 GP submittal. Instructions are included in the permit packet. This form helps you (and the reviewing agency) determine if you are eligible for Army Corps authorization. If eligible, Corps authorization is automatically provided by the reviewing agency.

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22 Water Obstruction and Encroachment Permit WOEP is for a larger environmental impact than allowable under a GP. For example a wetland fill. If no wetland impacts, the Small Projects Permit option is a subset of the WOEP WOEP requires more work and calculations than a General Permit PA DEP SWRO will issue WOEP

23 Larger projects will need a WOEP (Joint Permit)

24 What if it s an emergency??

25 Chapter 105 Emergency Permit Submit the following: Completed EP form USGS topo map PNDI search (endangered species) Sketch plans Photos SEND TO DEP SWRO

26 Chapter 105 permits WCD staff are available to assist you with these permits WCD charges fees to issue the 105 GP s Your phone call is free! Chapter 105 permits are your friend!