8-GP050901226-023 GP060901226-001 Delaware Valley Uni Auth - signed.pdf

rev 11/2024

Southeast Regional Office 2 East Main Street | Norristown, PA 19401-4915 | 484.250.5160 | Fax 484.250.5971 | www.dep.pa.gov

July 31, 2026

Christopher Becker Delaware Valley University 700 E Butler Ave Doylestown, PA 18901

Re: General Permit (GP) Acknowledgment Notification

Delaware Valley University Livestock Center Application Number: GP050901226-023 & GP060901226-001

APS ID# 1163942

Doylestown Township

Bucks County

Dear Christopher Becker:

This letter acknowledges receipt of your notification to use and registers your use of above authorized General Permit(s) (GP(s))

693.1 et. seq. . You are responsible for assuring the work is done in accordance with the drawings, terms and conditions contained in the GP(s). Please direct special attention to all time sensitive issues associated with the GP authorization(s). You may proceed with your project after making the required notifications stipulated in the GP(s) and securing all other approvals that may be necessary.

Enclosed is an acknowledged copy of your GP Registration Form. Please place this letter and the acknowledged GP Registration form with your copy of the GP Registration package, the applicable GP terms and conditions, required Federal authorizations, and the Erosion and Sediment Control plan and maintain on site during construction. Please review the complete permit authorization package so that you are aware of the extent of the authorization(s).

We have determined that your proposed work, if accomplished in accordance with the enclosed terms and conditions, is authorized by the Pennsylvania State Programmatic General Permit-7 (PASPGP-7).

This PASPGP-7 verification provides U.S. Army Corps of Engineers authorization pursuant to Section 10 of the Rivers and Harbors Act and/or Section 404 of the Clean Water Act. This authorization may be subject to modification, suspension, or revocation if any of the information contained in the application, including the plans, is later found to be in error.

Christopher Becker Page 2 7/31/2026

The enclosed list of conditions must be followed for purposes of the PASPGP-7 (Enclosure 1).

Any person aggrieved by this action may appeal the action to the Environmental Hearing Board (Board), pursuant to Section 4 of the Environmental Hearing Board Act, 35 P.S. § s is:

Environmental Hearing Board Rachel Carson State Office Building, Second Floor 400 Market Street P.O. Box 8457 Harrisburg, PA 17105-8457

TDD users may contact the Environmental Hearing Board through the Pennsylvania Relay Service, 800-654-5984.

Appeals must be filed with the Board within 30 days of receipt of notice of this action unless the appropriate statute provides a different time. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decisional law.

A Notice of Appeal form and the Board's rules of practice and procedure may be obtained online at www.ehb.pa.gov or by contacting the Secretary to the Board at 717-787-3483. The Notice of Appeal form and the Board's rules are also available in braille and on audiotape from the Secretary to the Board.

IMPORTANT LEGAL RIGHTS ARE AT STAKE. YOU SHOULD SHOW THIS

DOCUMENT TO A LAWYER AT ONCE. IF YOU CANNOT AFFORD A LAWYER,

YOU MAY QUALIFY FOR FREE PRO BONO REPRESENTATION. CALL THE

SECRETARY TO THE BOARD AT 717-787-3483 FOR MORE INFORMATION. YOU

DO NOT NEED A LAWYER TO FILE A NOTICE OF APPEAL WITH THE BOARD.

IF YOU WANT TO CHALLENGE THIS ACTION, YOUR APPEAL MUST BE FILED WITH

AND RECEIVED BY THE BOARD WITHIN 30 DAYS OF RECEIPT OF NOTICE OF THIS

ACTION.

The PAyback program amends the former Permit Decision Guarantee program. Executive Order 2023-07 requires the Department to abide by established review times for each authorization. The PAyback program became effective November 1, 2023, as required by Executive Order 2023-07. Chapter 105 applications or registrations received by the Department on or after that date are subject to this policy and program. More information is available on the PAyback website.

If you have additional questions about your registration, please contact Xavier Luciano at xluciano@pa.gov number and refer to Application No. GP050901226-023 & GP060901226-001.

Christopher Becker Page 3 7/31/2026

Sincerely, Paul Suanlarm, P.E.

Civil Engineer Manager Waterways and Wetlands cc: Carly Seldow 1456 Ferry Road, Suite 704 Doylestown, PA 18901

Bucks CCD OFFICE PAFBC Southeast Regional Office Doylestown Township

ACOE, Philadelphia District

Mr. Suanlarm, P.E.

Mr. Vlot Ms. Sharp, P.E.

OTHER Other (Non-Govt)R Other (Non-G

Agricultural Conservation Tech

June , 202

PENNSYLVANIA STATE PROGRAMMATIC GENERAL PERMIT

(PASPGP- )

July 1, 202

Please note: the full text of the PASPGP- may be viewed on the Baltimore District web site at or by calling the Corps at 814-235-

Permittee:

Date of PASPGP- Verification:

State Authorization(s):

Corps District:

Baltimore District U.S. Army Corps of Engineers State College Field Office 1631 South Atherton Street Suite 101 State College, Pennsylvania 16801-6260 Email: NAB-Regulatory@usace.army.mil

Philadelphia District U.S. Army Corps of Engineers

Philadelphia, Pennsylvania 1910 390 Email: PhiladelphiaDistrictRegulatory@usace.army.mil

Pittsburgh District U.S. Army Corps of Engineers, Regulatory Branch William S. Moorhead Federal Building, 20th floor 1000 Liberty Avenue Pittsburgh, Pennsylvania 15222-4186 Email: Regulatory.Permits@usace.army.mil

It has been determined that your proposed project, which includes the discharge of dredged and/or fill material and/or the placement of structures into waters of the United States, including wetlands, qualifies for federal authorization under the provisions of Section 404 of the Clean Water Act and /or Section 10 of the River and Harbor Act of 1899, under the terms and conditions of the PASPGP- .

All activities authorized under PASPGP- must comply with all conditions of the authorization, including General, Procedural, and Special Conditions. Failure to comply with all the conditions of the authorization, including project special conditions, will constitute a permit violation and may be subject to criminal, civil, or administrative penalties, and /or restoration.

1 June 15, 2026

All activities verified under PASPGP-7 must comply with the conditions below. Failure to comply with all conditions of the verification, including any special conditions, will constitute a permit violation and may subject the permittee to criminal, civil, or administrative penalties, and/or require restoration:

A. General Conditions:

1. Permit Conditions: The permittee shall conduct all work and activities in waters of the United States, including jurisdictional wetlands, in strict compliance with the approved project-specific verification including all final maps, plans, profiles, and design specifications.

2. 401 State Water Quality Certification (SWQC) Conditions: The permittee shall comply with the following conditions unless a project specific state water quality certificate is required as identified below:

a. Prior to beginning any activity authorized by the Corps under PASPGP-7, the applicant shall obtain from the Department all necessary environmental permits or approvals, and submit to the Department environmental assessments and other information necessary to obtain the permits and approvals, as required under State law, including The Clean Streams Law (35 P.S. §§ 691.1 - 691.1001), the Dam Safety and Encroachments Act (32 P.S. §§ 693.1— 693.27), the Surface Mining Conservation and Reclamation Act (52 P.S. §§ 1396.1—1396.19b), the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. §§ 3301—3326), The Bituminous Mine Subsidence and Land Conservation Act (52 P.S. §§ 1406.1—1406.21), the Coal Refuse Disposal Control Act (52 P.S. §§ 30.51—30.66), the Solid Waste Management Act (35 P.S. §§ 6018.101—6018.1003), the Hazardous Sites Cleanup Act (35 P.S. §§ 6020.101— 6020.1305), the Land Recycling and Environmental Remediation Standards Act (35 P.S. §§ 6026.101—6026.908), 58 Pa.C.S. §§ 3201—3274 (relating to development), the Air Pollution Control Act (35 P.S. §§ 4001—4015) and the regulations promulgated thereunder, including 25 Pa. Code Chapters 77, 78, 78a, 86—91, 92a, 93, 95, 96, 102, 105, 127 and 260a—299.

b. Environmental assessments required under these regulations, in addition to other regulatory requirements, must be complied with as a condition of the SWQC for PASPGP-7 consistent with section 401 of the CWA.

c. Fill material may not contain any waste as defined in section 103 of the Solid Waste Management Act (35 P.S. § 6018.103).

d. Applicants and projects eligible for the PASPGP-7 must obtain all State permits or approvals, or both necessary to ensure that the project meets the State’s applicable water quality standards, including a project specific SWQC.

The PADEP has determined that these SWQC conditions are necessary to achieve the Commonwealth of Pennsylvania’s water quality standards, which have been approved by the EPA as compliant with the CWA. The SWQC conditions achieve these standards through compliance with existing environmental programs administered by PADEP under State laws and regulations. This SWQC would be subject to the Department's determination that the final

2 June 15, 2026

PASPGP-7 activities are consistent with the Federal Coastal Zone Management Act (16 U.S.C.

§§ 1451—1468). This SWQC would only be available for projects that do not require any federal authorization other than authorization from the Corps under section 404 of the CWA or section 10 of the Federal Rivers and Harbors Act of 1899. Applicants seeking authorization for activities not eligible for coverage under PASPGP-7, or for activities that require another federal authorization (such as an interstate natural gas pipeline, a gas storage field, a nuclear or hydroelectric project requiring authorization by another federal agency), must submit a request to the Department for a project-specific SWQC.

3. Terms and Conditions Related to Coastal Zone Management Act (CZMA) Certification: For those projects located within Pennsylvania’s Coastal Zones, Non-Reporting Activities have a general CZMA consistency determination, and Reporting Activities must obtain individual CZMA consistency determination (see General Condition 30(b)).

4. Aquatic Life Movements: No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity’s primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless crossing cannot be used, then culverts should be designed, constructed, and appropriately depressed, if possible, below the stream invert to minimize adverse effects to aquatic life movements.

5. Threatened and Endangered Species: By submitting the technical assistance/consultation letter generated by Information Planning and Consultation (IPaC), the permittee has agreed to comply with all embedded conservation measures and agrees to construct the activity as it was described in their IPaC screening. Any deviations from how the screening questions were answered result in the project specific verification of PASPGP-7 being automatically revoked. The permittee may also agree in writing to comply with all CMs identified in USFWS correspondence as part of the application. To ensure compliance with the ESA, those CMs associated with federally listed and proposed threatened or endangered species become conditions of the PASPGP-7 verification, unless modified by the Corps.

If an activity is verified under the PASPGP-7, and a federally listed threatened, endangered, or proposed species is subsequently found to be present, all work must cease, and the Corps and USFWS (or National Marine Fisheries Service (NMFS)) must be notified immediately (contact information below). The PASPGP-7 verification is automatically suspended without additional notification to the permittee and will not be re-issued until consultation pursuant to Section 7 of the ESA is concluded and adverse effects to federally listed threatened, endangered, and proposed species are avoided, or incidental take authorization issued.

If an activity is authorized under the PASPGP-7 and new species are federally listed or proposed threatened or endangered the project proponent is responsible for ensuring that construction of the authorized work does not adversely affect any existing or newly listed or proposed federally threatened or endangered species. Information concerning threatened and endangered species

3 June 15, 2026 and their critical habitat can be obtained from the offices of the USFWS and National Marine Fisheries Service or their web pages at:

https://ecos.fws.gov/ipac and updating your Official Species list (which is recommended to do every 90 days before the project starts or during construction).

https://www.greateratlantic.fisheries.noaa.gov/protected/section7/guidance/maps/index.html.

Furthermore, persons have an independent responsibility under Section 9 of the ESA to avoid any activity that could result in the “take” of a federally listed species.

If you have further questions about ESA compliance, please contact the agencies below:

USFWS:

Pennsylvania Field Office 110 Radnor Road; Suite 101 State College, Pennsylvania 16801 Office phone: (814) 234-4090 Fax: (814) 234-0748 or (814) 206-7452 Email: IR1_ESPenn@fws.gov

NMFS:

Assistant Regional Administrator, Greater Atlantic Region, Protected Resources Division NOAA Fisheries 55 Greater Republic Drive Gloucester, Massachusetts 01930 Office phone: (978) 281-9226 Email: nmfs.gar.esa.section7@noaa.gov

6. Spawning Areas: Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. The Pennsylvania Fish and Boat Commission (PFBC) has identified waters that support wild trout reproduction, this list can be found at:

https://www.fishandboat.com/Fishing/All-About-Fish/Catch-PA- Fish/Trout/Pages/TroutWaterClassifications.aspx. The table below identifies certain times of year that in water work shall be avoided limiting impacts to wild trout spawning in these waters unless a written waiver from the PA Fish and Boat Commission is provided by the applicant.

Wild Trout October 1 - December 31 Class A Wild Trout October 1 - April 1

7. Shellfish Production: No discharge of dredged and/or fill material and/or the placement of structures may occur in areas of concentrated shellfish production, unless the discharge is directly related to an authorized shellfish harvesting activity.

4 June 15, 2026

8. Adverse Effects from Impoundment: If the regulated activity impounds water, directly or indirectly, the adverse effects on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow, including impacts to wetlands, shall be minimized to the maximum extent practicable.

9. Management of High Flows: To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows.

The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities).

10. Erosion and Sediment Controls: Appropriate soil erosion and sediment controls, in accordance with state regulations, must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the OHWM or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States, including jurisdictional wetlands, during periods of low-flow or no-flow, or during low tides.

11. Suitable Material: No activities, including discharges of dredged and/or fill material or the placement of structures, may consist of unsuitable material (i.e., asphalt, trash, debris, car bodies, etc.). No material discharged shall contain toxic pollutants in amounts that would violate the effluent limitation standards of § 307 of the CWA.

12. Temporary Fill and Structures: Temporary fill (e.g., access roads and cofferdams) and structures in waters and/or wetlands authorized by PASPGP-7 shall be properly constructed and stabilized during use to prevent erosion and accretion. Temporary fill in wetlands shall be placed on geotextile fabric laid on existing wetland grade, unless such requirement is specifically waived by the Corps. Whenever possible, rubber or wooden mats should be used for equipment access through wetlands to the project area. Temporary fills and structures shall be removed, in their entirety, to an upland site, and suitably contained to prevent erosion and transport to a waterway or wetland. Temporarily impacted areas shall be restored to their pre-construction contours, elevations, and hydrology, and wetlands shall be revegetated with a wetland seed mix that contains non-invasive, native species, to the maximum extent practicable. Unless approved by the Corps, the restoration work must be completed within 30 days of the date the temporary fill/structure is no longer needed.

13. Equipment Working in Wetlands: Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance.

14. Installation and Maintenance: Any regulated structure or fill authorized by PASPGP-7 shall be properly installed and maintained to ensure public safety.

5 June 15, 2026

15. PASPGP-7 Authorization:

a. PASPGP-7 expires June 30, 2031, unless suspended or revoked.

b. Verifications of PASPGP-7 expire June 30, 2031, unless the PASPGP-7 permit is suspended, revoked, or the PADEP authorization expires, whichever date occurs sooner.

Activities authorized under PASPGP-7 that have commenced construction or are under contract to commence construction will remain authorized provided the activity is completed within 12 months of the date of the PASPGP-7 expiration, modification, or revocation; or until the expiration date of the project specific verification, whichever is sooner.

16. One-Time Use: A PASPGP-7 verification is valid to construct the project, or perform the activity, one time only, except for PASPGP-7 verifications specifically issued for reoccurring maintenance activities.

17. Water Supply Intakes: Regulated activities occurring within the proximity of a public water supply intake must not adversely impact the public water supply. This condition does not apply to activities whose primary purpose is the maintenance, repair, protection, or improvement of the public water supply intake itself. In order to minimize the effects of intakes on anadromous fish eggs and larvae, and oyster larvae, intake structures should be equipped with screening (with mesh size no larger than 2 mm) of wedge wire or another material of equal or better performance. Where feasible, intakes should be located away from spawning or nursery grounds, or to minimize the impingement on, or entrainment of, eggs or larvae. In addition, intake velocities should not exceed 0.5 ft/sec.

18. Historic Properties: For each project-specific PASPGP-7 verification, upon the unanticipated discovery of any previously unknown historic properties (above ground or archeological), all work must cease immediately, and the permittee must notify the PA SHPO and the Corps. The Corps will contact the tribes with whom they routinely consult, within 24 hours in accordance with each District’s tribal consultation process. The PASPGP-7 verification is not valid until it is determined, through the Section 106 consultation process, whether the activity will have an effect on historic properties. PASPGP-7 may be re-verified, and special conditions added, if necessary, after an effects determination on historic properties and/or tribal resources is made, in consultation with the PA SHPO, the tribes and other interested parties. The PASPGP-7 verification may be modified and/or rescinded for the specific activity if an adverse effect on the historic property cannot be avoided, minimized, or mitigated.

19. Tribal Rights: No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights.

20. Corps Civil Works Projects: The PASPGP-7 does not authorize any work which will interfere with an existing or proposed Corps Civil Works project, or any Corps-owned or managed property or easement (i.e., flood control projects, dams, reservoirs, and navigation projects), unless specifically approved by the Corps in writing. Pursuant to 33 U.S.C 408, a review by, or permission from the Corps is required for activities that will alter or temporarily or permanently occupy or use a Corps federally authorized Civil Works project. Any activity that

6 June 15, 2026 requires Section 408 permission and/or review is not authorized by PASPGP-7 until the appropriate Corps office issues the Section 408 permission or completes its review to alter, occupy, or use the Corps Civil Works project, and the Corps issues a written PASPGP-7 verification.

21. Navigation: No activity verified under PASPGP-7 may cause more than minimal adverse effect on navigation. No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the activity authorized herein. In addition, activities that require temporary causeways that prohibit continued navigational use of a waterway (e.g., temporary causeways extending greater than ¾ the width across the waterway) shall be removed in their entirety upon completion of their use. Any safety lights and signals prescribed by the United States Coast Guard (USCG), through regulation or otherwise, must be installed and maintained at the permittee’s expense on authorized facilities in navigable waters of the United States. The permittee understands and agrees that, if further operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or an authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States.

No claim shall be made against the United States on account of any such removal or alteration.

22. Inspections: The permittee shall allow the district engineer or an authorized representative(s) to make periodic inspections at any time deemed necessary in order to ensure that the work is being performed in accordance with all the terms and conditions of PASPGP-7.

The district engineer may also require post-construction engineering drawings (as-built plans) for completed work.

23. Modifications of Prior Verifications: Any proposed modification of a previously verified single and complete project that results in a change in the verified impact to, or use of waters of the United States, including jurisdictional wetlands, must be approved by PADEP, or the Corps if applicable. Written approval from the Corps is required if the prior verification was reviewed by the Corps or if the proposed modification is a Reporting Activity under PASPGP-7.

Project modifications that cause a single and complete project to exceed 0.5 acre of loss of waters of the United States, including jurisdictional wetlands (except those identified in Part II A.2. a, b, and c.), or greater than 1,000 linear feet of permanent jurisdictional stream loss (except those identified in Part II A.2. a, b, and c.), are not eligible for PASPGP-7 and will be forwarded to the Corps for review under an alternative permit review procedure.

24. Recorded Protective Covenants: As per Part III.D.27 and Part III.E.8 of this permit, proposed draft protective covenants may be submitted by the applicant as part of the permit application package for review and approval. When such proposed protective covenants are submitted by the applicant, proof of the recorded deed restriction, conservation easement, or deed restricted open space area shall be forwarded to the appropriate Corps district and appropriate PADEP offices, prior to the initiation of any permitted work, unless specifically waived by the Corps in writing. Protective covenant templates can be found at:

https://www.nab.usace.army.mil/Missions/Regulatory/Permits-PA/.

7 June 15, 2026

25. Property Rights: PASPGP-7 does not obviate the need to obtain other federal, state, or local authorizations required by law, nor does this permit grant any property rights or exclusive privileges or authorize any injury to the property or rights of others.

26. Navigable Waters of the United States (Section 10 Waters):

In addition to the other general conditions, the following conditions are applicable for activities in the eligible navigable waters of the United States identified in Appendix B:

a. For aerial electric transmission lines, the following minimum clearances are required for crossing navigable waters of the United States. These clearances are related to the clearances over the navigable channel provided by the existing fixed bridges, or the clearances which would be required by the USCG for new fixed bridges, in the vicinity of the proposed aerial transmission line. These clearances are based on the low point of the line under conditions producing the greatest sag, taking into consideration temperature, load, wind, length of span, and type of support as outlined in the National Electric Safety Code:

Nominal System Voltage (kV) Minimum Additional Clearance

(ft.) Above Clearance Required for Bridges

115 and below 20 138 22 161 24 230 26 350 30 500 35 700 42

750-765 45

i. For all other aerial crossings of navigable waters (such as but not limited to communication lines, stream gauging cables, ferry cables, etc..) the aerial crossings must be a minimum of ten feet above clearances required for bridges, unless specifically authorized otherwise by the district engineer.

ii. Corps regulation ER 1110-2-4401 prescribes minimum vertical clearances for power communication lines over Corps lake projects. In instances where both regulation and ER 1110-2-4401 apply, greater minimum clearance is required.

b. Encasement: The top of any cable, encasement, or pipeline shall be located a minimum of three feet below the existing bottom elevation of the streambed and shall be backfilled with suitable heavy material to the pre-construction bottom elevation. Where the cable, encasement, or pipeline is placed in rock, a minimum depth of one foot from the lowest point in the natural contour of the streambed shall be maintained. When crossing a maintained

8 June 15, 2026 navigation channel, the requirements are a minimum of eight feet between the top of the cable, encasement, or pipeline and the authorized depth of the navigation channel. For maintained navigational channels, where the utility line is placed in rock, a minimum depth of two feet from the authorized depth of the navigation channel shall be maintained.

c. As built drawings: Within 60 days of completing an activity that involves an aerial transmission line, submerged cable, or submerged pipeline crossing a navigable water of the United States (Section 10 waters), the permittee must furnish the Corps and the NOAA, NOS with professional, certified as-built drawings, to scale, with control (i.e., latitude/longitude, geographic coordinate system), depicting the alignment and minimum clearance of the aerial wires above the mean high water line at the time of the survey or depicting the elevations and alignment of the buried cable or pipeline crossing the navigable waterway (Section 10 waters).

The information should be transmitted via email to ocs.ndb@noaa.gov.

d. Aids to Navigation: The permittee must prepare and provide for USCG approval, a Private Aids to Navigation Application (CG-2554). The application can be found at:

https://homeport.uscg.mil/Lists/Content/DispForm.aspx?ID=73840&Source=/Lists/Content/Disp Form.aspx?ID=73840

e. The completed application must be sent to the appropriate USCG office as indicated below:

Baltimore/Philadelphia Districts: Commander Fifth Coast Guard District 431 Crawford Street, Room 100, Portsmouth, Virginia 23704-5504, Attn: Mr. Ryan Doody; by email to:

Ryan.P.Doody2@uscg.mil

Pittsburgh District: USCG Marine Safety Unit Pittsburgh, 1041 Washington Pike, Suite 300, Bridgeville, Pennsylvania 15017-2704, Attn: Mr. Eyobe Mills; by email to:

Eyobe.D.Mills@uscg.mil.

Within 30 days of the date of receipt of the USCG approval, the permittee must provide a copy to the appropriate Corps district office.

27. PADEP Waiver: If the Corps determines a specific activity, which is eligible for a PADEP non-reporting waiver, has a significant adverse impact on life, property or important aquatic resources, the Corps may require the owner to modify the activity to eliminate the adverse condition or to obtain a Corps individual permit. In accordance with 33 CFR § 325.7(a), “The district engineer may reevaluate the circumstances and conditions of any permit, including regional permits, either on his own motion, at the request of the permittee, or a third party, or as the result of periodic progress inspections, and initiate action to modify, suspend, or revoke a permit as may be made necessary by considerations of the public interest. In the case of regional permits, this reevaluation may cover individual activities, categories of activities, or geographic areas.”

9 June 15, 2026

28. Corps Water Releases: For projects located downstream of a Corps dam, the permittee should contact the appropriate Corps Area Engineer Office to obtain information on potential water releases and to provide contact information for notification of unscheduled water releases.

It is recommended that no in-water work be performed during periods of high-water flow velocities. Any work performed at the project site is at the permittee’s own risk.

29. State Authorization: The activity must receive state authorization. For this requirement, any one of the following constitutes state authorization:

a. A PADEP Chapter 105 Water Obstruction and Encroachment Permit, including PADEP approved Environmental Assessment pursuant to 25 Pa. Code § 105.15;

b. A PADEP GP issued pursuant to 25 Pa. Code § §105.441-105.449;

c. A PADEP approved Environmental Assessment for activities not otherwise requiring a PADEP permit pursuant to 25 Pa. Code § 105.12;

d. A PADEP Dam Permit, including maintenance or repairs of existing authorized dams, including maintenance dredging;

e. A PADEP Emergency Permit issued pursuant to 25 Pa. Code § 105.64;

f. A PADEP permit for the construction of a bridge or culvert which allows for maintenance activities of bridges and culverts;

g. A PADEP Chapter 105 Dam Safety and Encroachment Enforcement Action; or

h. A programmatic/project- specific State Water Quality Certification WQC issued by PADEP consistent with Section 401 of the CWA where no other State authorization, as listed above, is required.

30. Other Authorizations: Additional federal, state, and/or local authorizations or approvals may be required and where applicable must be secured by the applicant, prior to initiating any discharge of dredged and/or fill material, and/or the placement of structures into waters of the United States, including jurisdictional wetlands. These approvals include, but are not limited to:

a. A 401 SWQC issued by PADEP or waiver thereof, consistent with Section 401 of the

CWA.

b. Reporting Activities located within the designated CZMA Areas require a CZMA consistency determination issued by PADEP or a presumption of concurrence pursuant to Section 307 of the federal CZMA.

The district engineer or PADEP may require additional measures to ensure that the authorized activity is consistent with state CZMA requirements; and

10 June 15, 2026

c. Fills within the 100-year floodplains must comply with applicable Federal

Emergency Management Agency approved state or local floodplain management requirements.

31. Federal Liability: In issuing this state programmatic general permit and any subsequent activity verification, the federal government does not assume any liability, including but not limited to the following:

a. Damages to authorized activities or users, thereof, as a result of other permitted or unpermitted activities or from natural causes;

b. Damages to the authorized activities or uses, thereof, as a result of current or future activities undertaken by or on behalf of the United States in the public interest;

c. Damages to persons, property, or to other authorized or unauthorized activities or structures caused by the activity authorized by this state programmatic general permit;

d. Design or construction deficiencies associated with the authorized work; and

e. Damage claims associated with any future modification, suspension, or revocation of the PASPGP-7.

32. False and Incomplete Information: The Corps may modify or rescind a previously issued project-specific verification if it determines that the original verification was issued based on false, incomplete, and/or inaccurate information; or other information becomes available whereby such action is necessary to ensure compliance with other federal laws and regulations.

33. Anadromous Fish Waters: To protect anadromous fishes during their migration and spawning, no work can take place in the anadromous fish waterways listed in the table below from March 1 to June 30 unless approved in writing by the Corps. Questions on the applicability of this condition should be directed to the Corps, Philadelphia District.

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Waterway Downstream extent Upstream extent

Upstream Latitude (N)

Upstream Longitude (W)

Delaware River in Pennsylvania (including W.

Branch)

Rte. 202 Bridge PA/NY Border 41.999448 -75.359573

Lehigh River and adjacent canals confluence with Delaware River

500 feet upstream of the Cementon Dam

40.690275 -75.503800

Little Lehigh Creek confluence with Lehigh River

500 feet upstream of the lowermost dam

40.596318 -75.475570

Hokendauqua Creek confluence with Lehigh River

State Route 4014 (West Scenic Drive)

40.793273 -75.439262

Bushkill Creek confluence with Delaware River

500 feet upstream of the lowermost dam

40.699325 -75.231060

Brodhead Creek confluence with Delaware River

500 feet upstream of the Stroudsburg Water

Co. Dam

41.018667 -75.201063

Bushkill Creek confluence with Delaware River

500 feet upstream of Resica Falls

41.111235 -75.095824

Lackawaxen River confluence with Delaware River

500 feet upstream of the Woolen Mill Dam

41.576703 -75.280220

Dyberry Creek confluence with

Lackawaxen River

Jadwin Dam 41.612088 -75.263391

Darby Creek Confluence with Delaware River

500 feet upstream of the confluence of Cobbs Creek and

Darby Creek

39.907278 -75.255432

Schuylkill River Fairmount Dam

500 feet upstream of the Bingaman St.

Bridge in Reading, Pennsylvania

40.326411 -75.934417

Neshaminy Creek

Confluence with Delaware River

500 feet upstream of the lowermost dam

40.143369 -74.915828

34. Compliance Certification: Each permittee who receives a written PASPGP-7 verification letter from the Corps must provide a signed certification (ENG FORM 6285) documenting completion of the authorized activity and implementation of any required compensatory mitigation. This certification should indicate if any required permittee-responsible mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR § 332.3(l)(3) to confirm that

12 June 15, 2026 the permittee secured the appropriate number and resource type of credits. The completed certification document must be submitted to the district engineer within 30 days of completion of the authorized activity and completion of any required compensatory mitigation.

35. Migratory Birds and Bald and Golden Eagles: The permittee is responsible for ensuring that an action authorized by PASPGP-7 complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting the appropriate local office of the USFWS to determine what measures, if any, are necessary or appropriate to reduce adverse effects to migratory birds or eagles, including whether "incidental take" permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity. The permittee should contact the appropriate local office of the USFWS to determine if such authorizations are required for a particular activity. Information on the conservation of migratory birds and bald and golden eagles can be found at the following USFWS web site: http://www.fws.gov/northeast/pafo/.

36. Migratory Bird Breeding Areas: Activities in waters of the United States, including jurisdictional wetlands, that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. Recommendations pertaining to the conservation of migratory birds can be found at the following USFWS web site: http://www.fws.gov/northeast/pafo/.

37. Disturbed Areas: These areas must be replanted with an appropriate seed mix based on the hydrology and the ecotype of the area to be restored. Seed mixes cannot include invasive and/or non-native species. For temporary stabilization, an annual seed mix that does not self-seed shall be used.

By Authority of the Secretary of the Army:

Francis B. Pera Colonel, U.S. Army Commander and District Engineer Baltimore District

LTC Ryan A. Baum P.E., PMP Commander, Philadelphia District U.S. Army Corps of Engineers

13 June 15, 2026

Nicholas O. Melin, P.E.

Colonel, Corps of Engineers District Engineer Pittsburgh District

3150-PM-BWEW0505 Rev. 6/2013

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DEPARTMENT OF ENVIRONMENTAL PROTECTION

BUREAU OF WATERWAYS ENGINEERING AND WETLANDS

GENERAL PERMIT

BWEW-GP-5

UTILITY LINE STREAM CROSSINGS

1. GENERAL DESCRIPTION AND AUTHORITY - The Department of Environmental Protection hereby authorizes, by general permit, subject to the terms and criteria set forth, the installation, operation and maintenance of utility line stream crossings of the regulated waters of the Commonwealth. This authorization is under Section 7 of the Dam Safety and Encroachments Act, 32 P.S. §§693.7, et seq., and the rules and regulations promulgated thereunder at §§105.441-105.449 (relating to general permits).

2. DENIAL OF AUTHORIZATION - The Department shall have the discretion, on a case-by-case basis, to deny, revoke or suspend the authorization to use this general permit for any project which the Department determines to have a substantial risk to life, property or the environment or otherwise could not be adequately regulated by the provisions of this general permit.

3. DEFINITIONS - The following terms as used in this general permit shall have the following meanings:

BODY OF WATER - Any natural or artificial lake, pond, reservoir, swamp, marsh or wetland.

FLOODWAY - The channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the 100-year frequency flood.

INSTALL - To construct, deposit, place, lay or set in place.

OWNER - Any person who owns, controls, operates, maintains, or manages a dam or reservoir, water obstruction, or encroachment.

PERSON - Any natural person, partnership, association, corporation, public utility, municipality, municipal authority, political subdivision of the Commonwealth, receiver or trustee and any department, board, commission, or authority of the Commonwealth.

REGULATED WATERS OF THE COMMONWEALTH - All watercourses, streams or bodies of water and their floodways wholly or partly within or forming part of the boundary of this Commonwealth.

RESERVOIR - Any basin, either natural or artificial, which contains or will contain the water or other fluid or semifluid impounded by a dam.

STOCKED TROUT STREAM - Streams classified as approved trout waters by the Fish and Boat Commission. Classification may be verified by contacting the Fish and Boat Commission's

SUBMERGED LANDS OF THIS COMMONWEALTH - All waters and permanently or periodically inundated lands owned by the Commonwealth, including all lands in the beds of navigable lakes and rivers and beds of streams declared public highways which are owned and held in trust by the Commonwealth.

UTILITY LINE - Any pipe or pipeline for the transportation of a gaseous, liquid, liquifiable or slurry substance or, any cable, conduit, line or wire for the transmission of electrical energy, telephone, telegraph, radio, or television signals, including cathodic corrosion protection.

WATERCOURSE - Any channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.

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WETLANDS - Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adopted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas. The term includes but is not limited to wetland areas listed in the State Water Plan, the United States Forest Service Wetlands Inventory of Pennsylvania, the United States Fish and Wildlife Service Wetlands Inventory Maps, as utilized by the Pennsylvania Coastal Zone Management Program and any wetland area designated by a river basin commission.

WILD TROUT STREAMS - Streams classified as supporting reproducing trout populations by the Fish and Boat Commission. Classification may be verified by contacting the Fish and Boat

4. SUBMERGED LANDS OF THIS COMMONWEALTH - This General Permit shall not be effective to authorize any project over, across or occupying submerged lands of this Commonwealth until the owner has obtained a license from the Department authorizing the occupation of such submerged lands issued under Section 15 of the Dam Safety and Encroachments Act, (32 P.S.

§693.15), Section 514 of The Administrative Code of 1929 (71 P.S. §194), or other applicable laws. Upon receipt of notification from the owner, the Department will review the project to determine if its location is over, across or occupies submerged lands of the Commonwealth.

5. SPECIFIC AREAS WHERE GENERAL PERMIT DOES NOT APPLY - This general permit is not authorized in the following areas:

a. Historic, cultural or archaeological sites as identified in the latest published version of the Pennsylvania Inventory of Historical Places or the National Register of Historical Places.

b. Local historical sites officially approved or recognized by a municipality.

c. Sites identified in the latest published version of the National Registry of Natural

Landmarks.

d. Areas in or within 100 feet of a watercourse or body of water designated as or nominated for a National or State Wild or Scenic River in accordance with the National Wild and Scenic Rivers Act of 1968 or the Pennsylvania Scenic Rivers Act (32 P.S. §§820.21- 820.29).

e. Important wetlands regulated under §105.17 (relating to special criteria for projects affecting important wetlands).

f. Wetlands, greater than ten (10) acres in size.

g. Stocked trout streams from March 1 through June 15, wild trout streams from October 1 through December 31 and Lake Erie tributaries from September 1 through December 1 unless approval is obtained from the Fish and Boat Commission's Division of Environmental Services.

h. Reservoirs.

i. Streams or water bodies designated as Exceptional Value Waters as defined and listed in

Chapter 93 (relating to water quality standards).

6. OTHER PERMITS - Nothing in this General Permit relieves the owners of the obligation of complying with all Federal, Interstate Compact and State laws, regulations and standards for the construction, operation or maintenance of the utility lines.

7. NOTIFICATION OF PROPOSED USE OF GENERAL PERMIT - Prior to construction the owners shall submit the General Permit Registration form along with the required attachments to the

- 3 -and Technical Services Section (see attached listings). A copy of the General Permit Registration form shall also be sent to the municipality and county in which the work will be performed. The owner may not begin work until he has notified the appropriate office and received an acknowledgement of that notification.

8. FEES - The fee required for a project authorized under this General Permit shall be consistent with 25 PA Code §105.13 (relating to regulated activities information and fees).

9. EFFECTIVE TIME PERIOD - This general permit will remain in effect indefinitely unless specifically modified, suspended or revised by the Department.

10. SUSPENSION, MODIFICATION OR REVOCATION - The Department may suspend, modify, or revoke this General Permit at any time upon notice in the Pennsylvania Bulletin.

11. PROJECT INTERFERENCE - This general permit does not authorize any interference with any existing or proposed Local, State, Federal or Federally Licensed Project, and permittee shall not be entitled to compensation for damage or injury to the work authorized herein which may be caused by or a result of existing or future operations undertaken by the United States, the Commonwealth of Pennsylvania or its Political Subdivisions in the public interest.

12. CONDITIONS

a. The maximum size utility line allowed is 36 inches in diameter.

b. All utility lines under streambeds shall be located such that there will be a minimum of three (3) feet of cover between the top of the utility line or encasement and the lowest point in the natural contour of the streambed, unless the utility line is in rock, where a minimum cover of one (1) foot shall be provided.

c. Trenches excavated for the installation of utility lines shall be the minimum width necessary. As soon as the utility line is installed and tested to ascertain no leakage, appropriate new or previously excavated backfill material shall be placed in the trench and the area restored to its original condition and elevation and stabilized. Backfill material stored in connection with the installation must be properly retained out of the floodway so as to prevent its discharge, washings or runoff from entering the waterway prior to its placement as backfill.

d. Adequate measures shall be used to prevent sedimentation from the trench from entering the stream.

e. The backfilling of the trench in which the pipe will be laid shall be done so as to eliminate the formation of a permanent ridge in the streambed.

f. During construction activities, all public and private property including existing vegetation, landscape features and monuments within, along and adjacent to the work area, shall be protected and preserved to the maximum degree possible. This shall include, but not be limited to, precautions taken to minimize damage, erosion, injury, or destruction; prevent pollution; provide protection of all trees and other woody plants; special care being taken to protect the natural vegetation and surroundings to include all natural drainageways, ponds, lakes, swamps, woods and fields; and storage of materials in such manner to prevent leaching which would be injurious to soils and to plants. Precautions should be taken to prevent damage to pipes, conduits and other underground structures.

g. Archaeological artifacts discovered during the performance of work authorized under this general permit must be adequately protected and their discovery promptly reported to the Bureau for Historic Preservation, Historical and Museum Commission, 400 North Street, Second Floor, Harrisburg, PA 17120-0093, telephone (717) 783-8946.

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h. Owners shall investigate for drinking water intakes or reservoirs for public and private water supplies within five (5) miles downstream of the crossing and written notice shall be given at least ten (10) days prior to construction to operators of any such intakes or reservoirs. Owners must notify public and private water supply operators immediately and no longer than one (1) hour after an occurrence at the crossing site which results in the release of suspended solids and turbidity to the stream.

i. Mats, pads, or other similar devices shall be used where crossings of wetland areas by construction equipment cannot be avoided. Original grades through wetlands must be restored after trenching and backfilling. Any excess fill material must be removed from the wetland and not spread on-site. Mounding of fill material to allow for settlement in the trench will be permitted in accordance with best construction methods.

j. Deposition of dredged or excavated materials and all earthwork operations will be carried out in such a way as to minimize erosion of the material and preclude its entering into any wetland adjacent to the utility line crossing.

k. Utility line crossings of streams should be accomplished so that the line is at a right angle to the stream where possible, unless the crossing is installed on an…