Attachment 5 - Permit_GP-11.pdf

May 11, 2022

Jeremy Ketter PA Air National Guard – 171st Air Refueling Wing 300 Tanker Road Coraopolis, PA 15108-4805

Re: General Permit (GP) Registration Acknowledgement Internal No.: ESP-02-00918 DEP File No.: GP040200221-010 PA Air National Guard – 171st Air Refueling Wing Moon Township Allegheny County

Dear Jeremy Ketter:

This letter acknowledges receipt of your notification to use and registers your use of a General Permit (GP) under the authority of the Dam Safety and Encroachments Act (32 P. S. § 693.1 et. seq.) and 25 Pa. Code Chapter 105. You are responsible for assuring the work is done in accordance with the drawings, terms and conditions contained in the GP. You may proceed with your project after making the required notifications stipulated in the GP 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. The Erosion and Sediment Control plan submitted for this project has been approved. Please review the complete permit authorization packages so that you are aware of the extent of authorizations and the conditions that apply to those authorizations.

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-6 (PASPGP-6). This PASPGP-6 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.

The enclosed list of conditions must be followed for purposes of the PASPGP-6 (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. § 7514, and the Administrative Agency Law, 2 Pa.C.S. Chapter 5A. The Board’s address 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 http://ehb.courtapps.com 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.

If you have additional questions about your registration, please contact Maureen Copeland at 412-291-8005 and refer to Application No. GP040200221-010.

Sincerely, Maureen Copeland

Maureen Copeland Allegheny County Conservation District

Enclosures cc: Matthew Szczur, H.F. Lenz Company http://ehb.courtapps.com/

3150-PM-BWEW0500 Rev. 5/2019 COMMONWEALTH OF PENNSYLVANIA Form DEPARTMENT OF ENVIRONMENTAL PROTECTION

BUREAU OF WATERWAYS ENGINEERING AND WETLANDS

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CHAPTER 105 WATER OBSTRUCTIONS AND ENCROACHMENT

GENERAL PERMIT REGISTRATION

SECTION A. APPLICANT INFORMATION

FERC Natural Gas Activity Docket Number Type of Facility

Has a Water Quality Certification (WQC) request been sent to DEP? Yes No

Activity Subject to FERC approval and/or Oil & Gas Exploration, Production, Storage or Transmission if the activity is regulated by FERC and provide the FERC docket number.

Applicant’s Name / Client

PA ANG 171st Refueling Wing

DEP Client ID# (if known) Employer ID# (EIN)

Client Information - Please select Client Type / Code from drop down box under the correct entity shown below. (or may be written in) ↓

Government Non-Government Individual

FED Federal Agency

Mailing Address

300 Tanker Road

City

Coraopolis

State

PA

ZIP + 4

15108-4805

Contact Person – Last Name First MI Suffix

Ketter Jeremy K.

Telephone

(412) 776-7539

Email Address jeremy.ketter.1@us.af.mil

SECTION B. CONSULTANT INFORMATION (If applicable) N/A

Contact Person – Last Name First MI Suffix

Szczur Matthew W.

Consultants Title

Civil Engineer E.I.T.

Consulting Firm

H.F. Lenz Company

Mailing Address

1407 Scalp Ave.

City

Johnstown

State

PA

ZIP + 4

15904-3329

Telephone

(814-269-9300)

Fax

(814) 269-9301

Employer ID# (EIN)

251007465

Email mszczur@hflenz.com

SECTION C. PROJECT INFORMATION

Project / Site Name

Repair Stormwater Infrastructrure -Design Update

DEP Site ID# (if known or leave blank)

Client Relationship - Please select Site-to-Client Relationship / Code from drop down box to the right. (or may be written in)

Double-click on shaded area below to select correct Site-to-Client Relationship / Code ↓

LESOP Lessee /Operator

County

Allegheny

Municipality City Borough Township

Moon

Note: Municipal & County Notification is Required

Site Location / Address

300 Tanker Road

City

Coraopolis

State

PA

ZIP + 4

15108-4805

Collection Method: EMAP HGIS GISDR* ITPMP GPS WAAS LORAN

Check the horizontal reference datum (or projection datum) employed in the collection method.

EMAP and HGIS (PNDI) have known datum and do not require checking here. NAD27 NAD83 WGS84

(GEO84) LAT.: 40.478870 LONG.: -80.215671

NOTE: A Submerged Lands License Agreement (SLLA) with an annual fee, if applicable, may also be required for your project.

You will be notified if an SLLA is required.

The Aquatic Resources Impact Table (SECTION E. PROPOSED IMPACTS) must be completed or equivalent submitted for this registration to be complete.

23-6002830

487127

3150-PM-BWEW0500 Rev. 5/2019 Form

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SECTION D. REGISTRATION CHECKLIST AND REQUIREMENTS

Please place an “X” next to each item (1-9) to ensure it is completed and/or provided.

Unless otherwise specified, all items are required to ensure a complete Registration package.

**Provide ONE (1) ORIGINAL and ONE (1) COPY of the Registration package**

Please provide a copy of the Registration form to the Municipality & County in which the work will be performed. Proof of receipt is not required to be provided to DEP.

1. REGISTERING A GENERAL PERMIT (GP) check all that apply

Federal, State, county or municipal agencies or municipal authorities: EXEMPT from fees

GP-1 Fish Habitat Enhancement Structures .............................................................. Per Project $ 50 = $

GP-2 Small Docks and Boat Launching Ramps ............................Per Dock / Ramp (#) x $ 175 = $

GP-3 Bank Rehabilitation, Bank Protection and Gravel Bar Removal .................................................................... Per Project (#) x

$ 250 = $

GP-4 Intake and Outfall Structures ............................................................ Per Structure 7 (#) x $ 200 = $ 0

GP-5 Utility Line Stream Crossings .................... Per Individual Utility (#) x (#) x $ 250 = $

GP-6 Agricultural Crossings and Ramps ............................... Per Crossing / Ramp (#) x $ 50 = $

GP-7 Minor Road Crossings2 ............................................................ Per Crossing (#) x $ 350 = $

GP-8 Temporary Road Crossings2 .................................................... Per Crossing (#) x $ 175 = $

GP-9 Agricultural Activities ...................................................................................... Per Project $ 50 = $

GP-10 Abandoned Mine Reclamation ....................................................................... Per Project $ 500 = $

GP-11 Maintenance, Testing, Repair, Rehabilitation, or Replacement of Water Obstructions and Encroachments1

$ 750 +

Temporary Disturbance ($400/0.1ac) ......................... . acres x $4,000 = $ +

Permanent Disturbance ($800/0.1ac) ......................... . acres x $8,000 = $ = $

GP-15 Private Residential Construction in Wetlands1 ..................................................................... $ 750 +

Temporary Disturbance ($400/0.1ac) ......................... . acres x $4,000 = $ +

Permanent Disturbance ($800/0.1ac) ......................... . acres x $8,000 = $ = $

GP(s) FEE subtotal (b) $

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Applicant Entry

DEP Use Only

2. Location Map (USGS quad map) with project site marked:

3. Color Photographs with dates, locations, and descriptions: GP-3 GP-11 N/A

4. Project Description: (Example: Linear pipeline project using multiple GP-5’s and GP-8’s; One GP-7 for an access road to my property) A project description and perpose has been submitted as a separate doccument to the package.

5. Site Specific and/or Standard Drawings are (required for all) project’s GP activities.

For Activities that qualify for GP-7 or GP-11

Plans, specifications, and reports for bridges and culverts across a stream which are to be used by the general public such as an access to an industrial, commercial or residential development, etc., shall be prepared by a registered professional engineer and shall be affixed with their seal and certification which shall read as follows on the drawings:

If the project includes a bridge or culvert replacement or the proposed work will change the waterway opening, please complete and provide the Bridge and/or Culvert Replacement Projects or Projects That Change the Waterway Opening (3150-PM-BWEW0552B) worksheet. If the project consists of similar work (replacement or change in waterway opening) on more than one structure, provide the data requested for each structure included in this Registration package.

“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.”

6. Proposed Project Purpose depicting the site of the projects GP activities and impacts. Briefly discuss the need for the authorization.

7. Erosion & Sediment Control Plan (E&S Plan) (Required for all GP’s but specifically required with submission with a registration of GP-11 or GP’s for oil and gas related activities submitted to DEP.)

8. Pennsylvania Natural Diversity Inventory (PNDI): PNDI Search Receipt and clearance letters, if available. See additional requirements for submission with Avoidance Measures and/or Potential Impacts.

9. Activities which impact wetlands: (For State Regulated Impacts) Please place an “X” next to the appropriate box indicating the information provided:

N/A because no wetland impacts are proposed or no compensatory mitigation is necessary.

A wetland delineation with complete data sheets in accordance with the 1987 Corps of Engineers Wetland Delineation Manual AND the appropriate Regional Supplements to the Corps of Engineers Wetland Delineation Manual for use in Pennsylvania

If direct or indirect wetland impacts are greater than 0.05 acre, a compensatory mitigation plan in accordance with the Department’s Replacement criteria which provides compensation for both affected acreage, and functions at a minimum of one to one ratio.

If compensatory mitigation onsite is determined not feasible:

A check, number , in the amount of $ payable to the National Fish and Wildlife Foundation, N.A. 1237, as compensatory mitigation for acres of impact in wetlands, in accordance with the Pennsylvania Wetland Replacement Project

(Additional Mitigation May Be Required by U.S. Army Corps)

NOTE: If the Pennsylvania Wetland Replacement Fund is proposed to be used as compensatory mitigation for waters of the Commonwealth the U.S. Army Corps of Engineers may also require additional mitigation if the proposed activity impacts waters of the United States.

x x x x x x

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SECTION E. PROPOSED IMPACTS

NOTE: Form 3150-PM-BWEW0557 or equivalent must be printed and submitted under this Section.

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SECTION F. CERTIFICATION

I certify under penalty of law that the information provided in this permit registration is true and correct to the best of my knowledge and information and that I possess the authority to undertake the proposed action. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. (If any of the information and/or plans is found to be in error, falsified, and/or incomplete, this authorization/verification may be subject to modification, suspension, or revocation in accordance with applicable regulations.) I further certify that this project complies with all the conditions of the general permit.

Signature of Applicant / Owner Date

Jeremy K. Ketter Typed / Printed Name

Base Civil Engineer Typed / Printed Title

This General Permit shall not be effective until the owner has had their E&S Plan reviewed by the appropriate Regional Office or District, and, where required, obtained an SLLA from DEP.

THIS ACKNOWLEDGED COPY OF THIS GENERAL PERMIT REGISTRATION PACKAGE AND THE E&S PLAN MUST BE

AVAILABLE AT THE PROJECT SITE DURING CONSTRUCTION.

SECTION G. DECISION / DISPOSITION – COMPLETED BY DEP

Decision Review:

DEP / District Reviewer Signature

GP

Reviewer’s Typed / Printed Name

GP

NOTE: See Aquatic Resource Impact Table for any additional authorizations.

Disposition Status Comments

ACKNOWLEDGED Date

SLLA Required Yes Attached No

INCOMPLETE / DEFICIENCY Date

EXTENSION REQUEST Date

WITHDRAWN Date

NOTE: If the GP registration information is incomplete a copy of this registration form and requested additional information will be sent to the applicant. A copy of the returned registration form and additional information must be re-submitted within 60 calendar days unless extended by the extension date listed above.

FEDERAL AUTHORIZATION

Non-reporting PASPGP verification / authorization attached.

Reporting – A copy of this General Permit registration package has been sent to the U.S. Army Corps of Engineers. Separate federal authorization may be required

NOTE: Please be advised that if the reporting box is checked you do not have Federal authorization for this project and such authorization may be required prior to starting your project. In accordance with Section 404 of the Clean Water Act, a Department of the Army authorization is required for the discharge of dredged and/or fill material into waters of the United States, including jurisdictional wetlands. Section 10 of the Rivers and Harbors Act also requires Department of the Army authorization for any work in, over, or under a navigable water of the United States. In accordance with procedures established with the U.S. Army Corps of Engineers, you will be contacted directly by the Corps regarding Federal Authorization.

Maureen Copeland

Maureen Copeland

040200221-010 x 5/11/2022

3150-PM-BWEW0557 Rev 4/2018 COMMONWEALTH OF PENNSYLVANIA Application DEPARTMENT OF ENVIRONMENTAL PROTECTION

BUREAU OF WATERWAYS ENGINEERING AND WETLANDS

Applicant’s Name / Client PA Air National Guard

AQUATIC RESOURCE IMPACT TABLE

FOR PENNSYLVANIA CHAPTER 105 WATER OBSTRUCTION AND ENCROACHMENT APPLICATION / REGISTRATION

Project / Site Name: Repair Stormwater Infrastrucutre - Design Update Date:Rev January 24, 2022 DEP USE ONLY Project Information PADEP / 105

PADEP

Permit

Number

Single Complete Crossing

No.

Crossing Number Fee

Structure / Activity unique identifier

Aquatic Resource

Type Latitude dd nad83

Longitude dd nad83 Waters Name

PA Code Chapter 93 Designation

Work Proposed

DEP

Impact Type temp / perm

Watercourse Impact

Top of Bank to Top of

Bank

Floodway Impact Top of Bank Landward

Wetland Impact

Dimension Length and

Width in feet

Length and Width in feet

Length and Width in feet

$0.00 Oufall 001

(EX.)

Perennial 40.48386 -80.21819

Unnamed Trib to McClarens

Run

TSF

Outfall Rehab.

Perm. NA - NA

5 - 15 NA - NA

$0.00 Outfall 002

(EX.)

Perennial 40.48355 -80.21827

Unnamed Trib to McClarens

Run

TSF

Outfall Rehab

Perm.

NA - NA 30 - 25 NA - NA

$0.00 Outfall 001

Perennial 40.482410 -80.218976 Unnamed Trib to McClarens

Run

TSF

Outfall Rehab

Perm.

NA - NA 100 - 11 NA - NA

$0.00 Outfall 002

Perennial 40.482291 -80.218872 Unnamed Trib to mcClarens

Run

TSF

Outfall Rehab

Perm.

NA - NA 15 - 10 NA - NA

$0.00 Outfall 006

Perennial 40.479975 -80.219092 Unnamed Trib to McClarens

Run

TSF

Outfall Rehab

Perm.

NA - NA 20 - 12 NA - NA

$0.00 Outfall 007

Perennial 40.479355 -80.218878 Unnamed Trib to McClarens

Run

TSF

Outfall Rehab

Perm.

NA - NA 20 - 15 NA - NA

$0.00 Outfall 008

Perennial 40.478468 -80.217943 Unnamed Trib to McClarens

Run

TSF

Outfall Rehab

Perm

NA - NA 5 - 15 NA - NA

PADEP Impact Type: temporary or permanent.

Permanent Impacts are those areas affected by a water obstruction or encroachment that consist of both direct and indirect impacts that result from the placement or construction of a water obstruction or encroachment and include areas necessary for the operation and maintenance of the water obstruction or encroachment located in, along or across, or projecting into a watercourse, floodway or body of water.

Temporary Impacts are those areas affected during the construction of a water obstruction or encroachment that consists of both direct and indirect impacts located in, along or across, or projecting into a watercourse, floodway or body of water that are restored upon completion of construction. This does not include areas that will be maintained as a result of the operation and maintenance of the water obstruction or encroachment located in, along or across, or projecting into a watercourse, floodway or body of water (these are considered permanent impacts).

G P0

-0

PROJECT DESCRIPTION / PURPOSE

PENNSYLVANIA AIR NATIONAL GUARD 171ST AIR REFUELING WING

MOON TOWNSHIP, ALLEGHENY COUNTY

HFL File No. 2019-0421.02 February 9, 2022 Page 1

The Pennsylvania Air National Guard 171st Refueling Wing is an Air Force Base located at the

Pittsburgh International Airport at 300 Tanker Road and in Coraopolis, Pennsylvania. The mission of the 171st Air Refueling Wing is to provide in-flight refueling to the Department of

Defense and NATO aircraft. The 171st also supports the homeland defense mission. The secondary mission is cargo and passenger transportation worldwide. The base is currently permitted to allow discharge and monitoring of storm water discharge from the facility to the nearby outfall locations across the base. From the outfall locations storm water is directed to the nearby drainages and conveyed to the receiving stream. The outfalls range from concrete end walls to exposed culvert pipes, all with varying conditions of service. The PA Air

National Guard is proposing the rehabilitation of the existing outfalls. Once construction activities are complete, no pre-development to post-development increase of impervious areas are proposed. The total disturbed acreage for the project is planned to be approximately 2.0 acres. A Pennsylvania Natural Diversity Inventory (PNDI) search has been completed and revealed that there is no known impacts to threatened and endangered species and or special concern species and resources within the project area. The receiving stream for the project is

McClarens Run and is classified as a Trout Stocking Fishery (TSF).

The overall site scope of work for the project includes consolidation of various outfalls, conveyance pipe installation, minor grading, outlet protection, and rehabilitation. In total, 12 storm water outfalls at the 171st Refueling Wing will be rehabilitated and updated in accordance with the current requirements and standards of the base and all state and local codes. As part of the overall project scope, existing outfalls 1 and 2, proposed outfalls 1 and

2, outfalls 6, 7, and 8 require GP-4 coverage. The remaining outfalls will be re-habilitated however do not appear to require GP coverage.

The rehabilitations include the following:

• Consolidations of multiple existing outfalls to one location with new concrete end walls and rock aprons

• Updates to the outfalls to remain including new end walls and rip-rap aprons

• Abandonment and grouting of stormwater conveyance pipe to outfall 10F and 10G and re-routing of new pipe to address the deteriorating corrugated metal pipe. Outfall 10G no longer exists on the base.

• Updates to outfall #10 which includes concrete end wall apron installation in front of the downstream headwall (outfall), and will also require installation of concrete jacks to aid in outlet protection and energy dissipation of the water. As part of the work the culvert will also have debris removed from the entrance on the upstream side; however, it will not be altered or modified in any way.

Other than the aforementioned rehabilitations occurring at various locations on site, no other improvements are proposed. Currently, there are multiple existing permits for the facility which include the following:

1. (PAG03) National Pollutant Discharge Elimination Systems (NPDES) permit for the maintenance and discharge monitoring of Industrial Stormwater associated with PA Air

National Guard Base.

2. PAG02 NPDES permit for storm water discharge associated with construction activities associated with the Pittsburgh International Airport which encompasses the PA Air

National Guard Base.

PROJECT DESCRIPTION / PURPOSE

PENNSYLVANIA AIR NATIONAL GUARD 171ST AIR REFUELING WING

MOON TOWNSHIP, ALLEGHENY COUNTY

HFL File No. 2019-0421.02 February 9, 2022 Page 2

Permitting for the project will consist of the following:

1. Amend the existing PAG03 National Pollutant Discharge Elimination Systems (NPDES) permit for the Industrial Stormwater Discharges.

2. Complete a PAG02 NPDES Erosion and Sedimentation Control permit for the associated construction activities.

3. Complete a PAGP-4 for the intake an outfall structures that will require GP coverage during construction.

3150-PM-BWEW0504 Rev. 6/2013

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DEPARTMENT OF ENVIRONMENTAL PROTECTION

BUREAU OF WATERWAYS ENGINEERING AND WETLANDS

GENERAL PERMIT

BWEW-GP-4

INTAKE AND OUTFALL STRUCTURES

1. GENERAL DESCRIPTION AND AUTHORITY - The Department of Environmental Protection hereby authorizes, by General Permit, subject to the terms and criteria set forth below, the construction, operation, and maintenance of intake and outfall structures in, along, across or projecting into the regulated waters of the Commonwealth. This authorization is pursuant to Section 7 of the Dam Safety and Encroachments Act, 32 P.S. §693.1, et seq., and the rules and regulations promulgated thereunder at 25 Pennsylvania Code §105.441-105.449.

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. CONTINUING AUTHORIZATION - This general permit shall authorize the continued operation and maintenance of outfall structures authorized by general permit BDWM-GP-4 (Outfall Structures) issued on February 4, 1984.

4. 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.

CHANNEL - The bed and banks of a natural stream and/or a man-made ditch, canal or conduit which conveys storm water or wastewater to a receiving stream or body of water.

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.

INTAKE - The inlet of a pipe or channel conveying water from a stream or body of water.

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

OUTFALL - The outlet of a pipe or channel discharging storm water or wastewater into a receiving stream or body of water.

INTAKE AND OUTFALL STRUCTURES - Any intake or outfall in or along a stream or body of water which includes such structures as endwalls, headwalls, splash pads, riprap, ditches, conduits, diffusers, and diversions.

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.

STOCKED TROUT STREAM - Streams classified as approved trout waters by the Pennsylvania Fish and Boat Commission. Classification may be verified by contacting the Pennsylvania Fish and Boat Commission's Regional Office or Division of Environmental Services.

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STORM WATER - Flows consisting primarily of runoff resulting from a rainfall event and conveyed to a receiving stream or body of water through a pipe or channel.

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.

WASTEWATER - Effluent from a sewage, industrial or water plant, conveyed through a pipe or channel for discharge into a receiving stream or body of water.

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

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 adapted 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, and the Pennsylvania Coastal Zone Management Plan and any wetland area designated by a river basin commission (or as defined in Chapter 105, Dam Safety and Waterway Management rules and regulations).

WILD TROUT STREAMS - Streams classified as supporting reproducing trout populations by the Pennsylvania Fish and Boat Commission. Classification may be verified by contacting the Pennsylvania Fish and Boat Commission's Regional Office or Division of Environmental Services.

5. SUBMERGED LANDS OF THIS COMMONWEALTH - This General Permit shall not be effective to authorize any project occupying submerged lands of this Commonwealth until the owner has obtained an easement, right-of-way, license or lease from the Department authorizing the occupation of such submerged lands issued pursuant to 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 of proposed use of this general permit from the owner, the Department will review the project for submerged lands and initiate a Submerged Lands License Agreement if applicable.

6. SPECIFIC AREAS WHERE GENERAL PERMIT DOES NOT APPLY - This General Permit is not authorized in the following areas:

a. Historical, 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. Wetlands.

f. Those streams or water bodies specified as high-quality (HQ) or Exceptional Value (EV) in 25 PA Code Chapter 93.

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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. Areas within easement lands of any Corps of Engineers or Commonwealth of

Pennsylvania constructed local flood protection project.

7. OTHER PERMITS - Nothing in this General Permit relieves the owner(s) of the obligation of complying with all Federal, Interstate Compact and State laws, regulations and standards for the construction, operation or maintenance of the intake and outfall structure(s).

8. 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 delegated County Conservation District or to the appropriate DEP Regional Office’s Permitting 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 registration.

9. 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).

10. EFFECTIVE TIME PERIOD - This General Permit will remain in effect indefinitely unless specifically modified, suspended or revised by the Department.

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

12. 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 or the Commonwealth of Pennsylvania or its Political Subdivisions in the public interest.

13. CRITERIA

a. Each intake and outfall structure shall be constructed in such manner so that there is no interference with any navigation on the stream, migration of fish or the passage of flood flows.

b. Intake and outfall structures authorized under this General Permit shall not interfere with stream uses as designated in Chapter 93 of the Department's Rules and Regulations.

c. Intake and outfall structures herein authorized shall be properly maintained which includes the removal of any accumulation of debris.

d. This General Permit is not to be construed as approval of discharges into the receiving stream or body of water which may require certification under 401(a) of the Federal Water Pollution Control Act (33 USCA §1341(a)) or other relevant State Statutes.

e. This General Permit authorizes the construction only of those outfall structures having a pipe outfall 36 inches in diameter or less.

f. Intake structures shall be properly sized and located so that the intake does not violate the riparian rights of downstream users and does not substantially affect the course, current or cross section of the stream located downstream from the intake structure.

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g. Intake structures shall be screened or otherwise properly designed to prevent impingement and entrainment of fish.

h. Any 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, Pennsylvania Historical and Museum Commission, 400 North Street, Second Floor, Harrisburg, PA 17120-0093, telephone

(717) 783-8946.

i. Pollution of the waterway with harmful chemicals, fuels, oils, greases, bituminous material, acid, and/or other harmful or polluting materials, is prohibited.

j. Owner(s) must investigate for drinking water intakes or reservoirs for public and private water supply users downstream within five (5) miles of the site of the intake or outfall structure and other users which may be affected by suspended solids and turbidity increases. Written notice shall be given at least ten (10) days prior to construction to operators of any such intakes or reservoirs. Owner(s) must notify public and private water supply operators immediately and no longer than one (1) hour after the occurrence at the site which results in the release of suspended solids and turbidity to the stream.

k. Prior to the use of explosives in a watercourse or body of water the permittee shall secure a written permit from the Pennsylvania Fish and Boat Commission, pursuant to the Pennsylvania Fish and Boat Code, Act 1980-175 Title 30 Pennsylvania Consolidated Statutes, Section 2906. Requests should be directed to the Pennsylvania Fish and Boat Commission, Division of Environmental Services (see “Exhibit A”).

14. DEPARTMENT INSPECTION - As a condition of use of this general permit, and of the owner's authority to conduct the activities authorized by this general permit, the owner hereby authorizes and consents to allow authorized employees or agents of the Department, without advance notice or a search warrant, at any reasonable time and upon presentation of appropriate credentials, and without delay, to have access to and to inspect all areas where the project is being constructed, operated or maintained. The authorization and consent shall include consent to conduct tests or sampling, to take photographs, to perform measurements, surveys and other tests, to inspect the methods of construction, operation or maintenance, to examine and copy books, papers and records pertinent to any matter under investigation, and to take any other action necessary to assure that the project is constructed, operated or maintained in accordance with the terms and criteria of the general permit. This general permit condition is included pursuant to Section 16 of the Dam Safety and Encroachments Act, 32 P.S. §693.16, and in no way limits any other powers granted under the Dam Safety and Encroachments Act.

15. ACTIVITIES NOT IN ACCORDANCE WITH THE TERMS OR CRITERIA - If the Department determines, upon inspection, that the construction, operation or maintenance of a project has violated the terms or criteria of this general permit or of the Chapter 105 Rules and Regulations, the Department may take such actions, legal or administrative, that it may deem to be appropriate.

16. STRUCTURE REMOVAL - The owner(s) shall remove all or any portion of the intake or outfall structure upon written notification to the owner by the Department in the event the project is causing an adverse impact on public health, safety or the environment or in any other manner violates the conditions of this general permit or Chapter 105.

17. PROPERTY RIGHTS - This General Permit does not convey any property rights, either in real estate or material, or any exclusive privileges; nor does it authorize any injury to property or invasion of rights or any infringement of Federal, State or local laws or regulations.

18. OTHER APPROVALS - The owner shall secure all other approvals that may be necessary under Federal, State or local laws or regulations.

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19. FISH AND BOAT COMMISSION NOTIFICATION - The owner shall notify the Pennsylvania Fish and Boat Commission's Regional Field Office Manager, see “Exhibit A”, responsible for the County where the activities are proposed ten (10) days prior to start of construction. Notification by postcard is suggested. The project site shall at all times be available for inspection by authorized officers and employees of the Pennsylvania Fish and Boat Commission.

20. BEST MANAGEMENT PRACTICES - Work must be done in compliance with Chapter 102 (relating to Erosion Control). Prior to construction an Erosion and Sediment Control Plan must be reviewed and determined adequate by the County Conservation District in which the activities are proposed and implemented prior to, during and after construction. The project site shall at all times be available for inspection by authorized employees of the County Conservation District.

The Erosion and Sediment Control Plan shall be available at the site at all times.

01_GP-4_INTAKE_AND_OUTFALL_STRUCTURES_INSTRUCTIONS

Date2_af_date: 12/07/2021