Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter A - GENERAL PROVISIONS › PERMIT APPLICATIONS › Section 105.14 - Review of applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  application will be reviewed to determine the proposed project's effect on
						  health, safety and the environment, in accordance with prevailing practices in
						  the engineering profession and in accordance with current environmental
						  principles.
(b) In reviewing a
						  permit application under this chapter, the Department will use the following
						  factors to make a determination of impact:
(1)
						  Potential threats to life or property created by the dam, water obstruction or
						  encroachment.
(2) Potential threats
						  to safe navigation created by the dam, water obstruction or
						  encroachment.
(3) The effect of the
						  dam, water obstruction or encroachment on the property or riparian rights of
						  owners upstream, downstream or adjacent to the project.
(4) The effect of the dam, water obstruction
						  or encroachment on regimen and ecology of the watercourse or other body of
						  water, water quality, stream flow, fish and wildlife, aquatic habitat, instream
						  and downstream uses and other significant environmental factors.
(5) The impacts of the dam, water obstruction
						  or encroachment on nearby natural areas, wildlife sanctuaries, public water
						  supplies, other geographical or physical features including cultural,
						  archaeological and historical landmarks, National wildlife refuges, National
						  natural landmarks, National, State or local parks or recreation areas or
						  National, State or local historical sites.
(6) Compliance by the dam, water obstruction
						  or encroachment with applicable laws administered by the Department, the Fish
						  and Boat Commission and river basin commissions created by interstate compact.
(7) The extent to which a project
						  is water dependent and thereby requires access or proximity to or siting within
						  water to fulfill the basic purposes of the project. The dependency must be
						  based on the demonstrated unavailability of any alternative location, route or
						  design and the use of location, route or design to avoid or minimize the
						  adverse impact of the dam, water obstruction or encroachment upon the
						  environment and protect the public natural resources of this
						  Commonwealth.
(8) Present
						  conditions and the effects of reasonably foreseeable future development within
						  the affected watershed upstream and downstream of the dam, water obstruction or
						  encroachment:
(i) A dam, water obstruction or
						  encroachment shall be designed, constructed and operated to assure adequacy and
						  compliance with this chapter, taking into account reasonably foreseeable
						  development within the watershed.
(ii) In assessing the impact of future
						  development upon a dam, water obstruction or encroachment, the Department may
						  require the applicant to submit data regarding estimated development potentials
						  and municipal, county and regional planning related to the affected watershed.
(9) Consistency with
						  State and local floodplain and stormwater management programs, the State Water
						  Plan and the Coastal Zone Management Plan.
(10) Consistency with the designations of
						  wild, scenic and recreational streams under the Wild and Scenic Rivers Act of
						  1968 (16 U.S.C.A.
						  §§
															1271-1287) or the
						  Pennsylvania Scenic Rivers Act (32 P. S. §§
															820.21-820.29), including identified 1-A
						  candidates.
(11) Consistency with
						  State antidegradation requirements contained in Chapters 93, 95 and 102
						  (relating to water quality standards; wastewater treatment requirements; and
						  erosion and sediment control) and the Clean Water Act (33 U.S.C.A. §§
															1251-1376).
(12) Secondary impacts associated with but
						  not the direct result of the construction or substantial modification of the
						  dam or reservoir, water obstruction or encroachment in the area of the project
						  and in areas adjacent thereto and future impacts associated with dams, water
						  obstructions or encroachments, the construction of which would result in the
						  need for additional dams, water obstructions or encroachments to fulfill the
						  project purpose.
(13) For dams,
						  water obstructions or encroachments in, along, across or projecting into a
						  wetland, as defined in §
														105.1 (relating to definitions),
						  the Department will also consider the impact on the wetlands values and
						  functions in making a determination of adverse impact.
(14) The cumulative impact of this project
						  and other potential or existing projects. In evaluating the cumulative impact,
						  the Department will consider whether numerous piecemeal changes may result in a
						  major impairment of the wetland resources. The Department will evaluate a
						  particular wetland site for which an application is made with the recognition
						  that it is part of a complete and interrelated wetland
						  area.