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Module 5
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MODULE 5: STREAMS AND WETLANDS
Reclamation Activities In and Around Streams and Wetlands
Activities in, along, or near streams or which impact wetlands are regulated under Chapter 105, Dam Safety and
Waterway Management. Permits are required for activities such as stream crossings, stream bank stabilization,
channel relocation and activities within the floodway (1) of streams.
Certain activities such as stream bank stabilization and temporary road crossings may be eligible for authorization
under the Department’s General Permit 3 (GP-3)-Bank Rehabilitation, Bank Protection and Gravel Bar Removal
and/or General Permit 8 (GP-8)-Temporary Road Crossings. You must meet all the conditions and criteria to utilize
these permits and they must be authorized by the Department prior to use.
If you do not meet all the criteria or conditions of the General Permits and for other activities in the floodway or
wetlands, you must obtain a Water Obstructions and Encroachments Permit: Complete Module 5.
(1)
Floodway — The channel of the watercourse and portions of the adjoining floodplains which are reasonably
required to carry and discharge the 100-year flood. Unless otherwise specified, the boundary of the floodway
is as indicated on maps and flood insurance studies provided by FEMA. In an area where no FEMA maps or
studies have defined the boundary of the 100-year frequency floodway, it is assumed, absent evidence to the
contrary, that the floodway extends from the stream to 50 feet from the top of the bank of the stream.
FEMA flood study maps are available for review from the municipality for which your site is located.
5.1
Reclamation Activities Within 50 Feet of a Stream
If the reclamation activities, including haul road crossings, are proposed within 50 feet of an intermittent or
perennial stream provide the following information:
a)
Name and location of the stream; and location, length, and acreage disturbed by the proposed
activities: (Identify the location of the proposed activities on Exhibit 2.2);
b)
A narrative giving a description and the purpose and justification of the proposed activities.
c)
A hydrologic and hydraulic analysis which shall include: data on size, shape and characteristics of the
watershed; the size and frequency of the design storm; the hydraulic capacity of any structures; the
hydraulic capacity of the channel upstream and downstream; and, where flooding is a problem, flood
damage and backwater analysis;
d)
A description of the character of the stream bed and banks, and a profile of the stream for a
reasonable distance above and below the proposed site showing bed slopes, normal and flood water
surface; and a description of the riparian vegetation;
e)
A plan and typical cross sections showing stream channel an4 existing ground, activities proposed,
barriers to be maintained, and normal and flood water surfaces;
f)
Where a bridge or culvert is proposed provide the following information:
1)
Plans and details showing the location, type, size, and height of structure;
2)
Calculations showing the hydraulic capacity of the structure;
3)
A profile of the stream bed for a reasonable distance above and below the proposed location
showing normal and flood water surface elevations and backwater effects of the structure;
4)
Cross sections upstream, downstream, and at the proposed location of the structure showing
normal and flood water surface elevations and other topographic features, elevations, etc.,
necessary for an appraisal of the hazard potential of the structure;
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5)
A narrative description of the construction methods and sequence including water handling
during construction, and erosion and sedimentation controls;
6)
Indicate if the structure will be temporary or permanent (include plans for removal of temporary
structures.)
A characterization of the existing water quality and quantity of the stream including downstream water
uses, and 25 PA Code Chapter 93 Protected Water Use Classification.
Stream Relocation and Channel Changes
If the proposed reclamation activities involve a relocation or channel change of an intermittent or perennial
stream, provide the following information:
5.3
a)
Name and location of stream and location and length of the proposed channel change (identify the
location of the proposed activities on Exhibit 2.2);
b)
A narrative giving a description and the purpose and justification of the proposed relocation or channel
change and identifying environmental enhancement to be accomplished;
c)
A characterization of the existing water quality and quantity of the stream including downstream
water uses, and 25 PA Code Chapter 93 Protected Water Use Classification;
d)
A characterization of the resident aquatic community, a description of the riparian vegetation and an
assessment of the probable hydrologic consequences of the proposed activities on the water quality
and quantity, and the resident aquatic communities. Provide the name(s), address(es) and
telephone number(s) of the individual(s) responsible for the collection and analysis of this data and
provide a description of the methodologies used to collect and analyze the data;
e)
A hydrologic and hydraulic analysis which includes;
1)
Data on size, shape and characteristics of the watershed;
2)
The size and frequency of the design storm;
3)
The hydraulic capacity of the proposed replacement channel;
4)
The hydraulic capacity of the stream channel upstream and downstream of the proposed
relocation of channel change.
f)
A stream profile for the existing and proposed channel for a reasonable distance upstream,
downstream and within the proposed change, showing bed slopes, pool-riffle ratios, normal and flood
water surfaces, and existing obstructions;
g)
A detailed plan and cross sections of the existing and proposed channel upstream, downstream and
within the proposed channel change showing the limits and configuration of the proposed activities,
dimensions, channel linings, and normal and flood water surfaces;
h)
A description of the construction methods and sequence including: water handling during construction,
erosion and sedimentation controls, and measures to be taken to prevent adverse impacts to water
quality and quantity, water users and the aquatic communities.
Wetland Related Information
a)
Provide the name(s), address(es), telephone number(s) and qualifications of the person(s) making the
determination if wetlands exist within the proposed permit area.
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If wetlands are determined to exist within the proposed permit area identify the wetlands on Exhibit 2.2
(wetlands should be identified and delineated in accordance with the Department’s Wetland
Delineation Policy referenced in 25 PA Code Section 105.451) and provide responses to the following
for wetlands which will be affected by the proposed mining activities:
Wetland Acreage
1)
What is the total wetland acreage (which will be affected) within the proposed project area?
acres.
Exceptional Value Wetland Characteristics
2)
Do the wetlands serve as habitat for flora and fauna listed as
“threatened” or “endangered” under the Endangered Species
Act of 1973, or Wild Resource Conservation Act, Fish and Boat
Code, or Game and Wildlife Code?
yes
no
yes
no
Are the wetlands located in or along the floodplain of a wild
trout stream (as designated by the Pennsylvania Fish and Boat
Commission), or the floodplain of a tributary to a wild trout stream?
yes
no
Are the wetlands located in or along the floodplain of a stream
listed as exceptional value (under Chapter 93) or the floodplain
of a tributary to an exceptional value stream?
yes
no
Are the wetlands within the corridor of a waterway which has been
designated as wild or scenic river in accordance with the Wild and
Scenic Rivers Act of 1968 or the PA Scenic Rivers Act?
yes
no
Are the wetlands part of, or located along, an existing public or private
drinking water supply and do they maintain the quality or quantity of the
drinking water supply?
yes
no
Are the wetlands located in areas designated by the Department as ‘‘natural’’
or ‘‘wild’’ areas within state forest or park lands?
yes
no
Are the wetlands located in areas designated as Federal Wilderness areas
under the Wilderness Act or the Federal Eastern Wilderness Act of 1975?
yes
no
Are the wetlands located in areas designated as National natural landmarks
by the Secretary of the Interior under the Historic Sites Act of 1935?
yes
no
If “no” checked, provide a discussion identifying how the determination
was made and indicating any contacts with state or federal agency personnel.
3)
Are there any wetlands hydrologically connected to or located
within ½ mile of the wetlands identified in b) 2) and do they maintain
the habitat of the “threatened” or “endangered” species within the
wetlands identified in b) 2)?
If “no” checked, provide a discussion identifying how the
determination was made and indicating any contacts with state or
federal agency personnel.
4)
5)
6)
7)
8)
9)
10)
NOTE: If a “yes” response is indicated for any question in b) 2) through
b) 10), the wetlands would be “exceptional value” (as defined in 25 PA Code
Section 105.17) and a demonstration must be made that the requirements of
subsection (a) of 25 PA Code Section 105.18(a) have been met (See end of
Module 5 for copy of Section 105.18(a)).
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Wetland Functions (A response to Questions 11 through 18 is necessary for each individual wetland identified and
delineated).
11)
Do the wetlands serve natural biological functions, including food
chain production; general habitat; and nesting, spawning, rearing or
resting sites for aquatic or land species?
yes
no
Do the wetlands provide areas for study of the environment, or as
sanctuaries or refuges?
yes
no
Do the wetlands aid in, or maintain natural drainage characteristics,
natural water filtration processes, current (flow) patterns or other
environmental characteristics?
yes
no
Do the wetlands serve as storage areas for flood and storm waters,
or do they shield other areas from erosion & storm damage?
yes
no
Do the wetlands provide a groundwater recharge area that maintains
minimum baseflows?
yes
no
Do the wetlands serve as a prime natural recharge area where
surface water and groundwater are directly connected?
yes
no
17)
Do the wetlands aid in the prevention of pollution?
yes
no
18)
Are the wetlands used for, or do they provide the opportunity
to be used for recreation?
yes
no
12)
13)
14)
15)
16)
5.4
Wetland Impact Analysis/Assessment
a)
Describe the alternatives to the proposed reclamation activities that have been considered to avoid or
minimize impacts on wetlands. An alternative should include alternatives to the proposed reclamation
activities, including alternative locations, routings or designs to avoid adverse impacts on the wetlands
(i.e. relocating spoil/topsoil storage areas, rerouting haul roads).
b)
Discuss whether any of the alternatives are practical to achieve the basic purposes of the project
taking into account availability, cost, technology and logistics of the other possible project sites which
would not affect the wetlands.
c)
If any wetlands within the proposed project area will be directly affected, provide the following:
1)
Identify the wetland and the areal extent of the impact.
2)
Submit a cross-sectional view showing the wetland and the proposed mining area.
3)
Explain how the proposed reclamation activities will directly affect the wetlands.
aa)
If the proposed reclamation activities will affect less than 1.0 acre of wetland and the
wetland is not an exceptional value wetland (in accordance with 25 PA Code
Section 105.17), provide a description of the wetland functions which will be impacted by
the proposed reclamation activities. NOTE: If a “yes” response is indicated for any
question in Module 5.3 b) 2) through b) 10), the wetlands would be exceptional value (as
defined in Section 105.17).
bb)
If the proposed reclamation activities will affect 1.0 or more acres of wetlands or may
affect an exceptional value wetland, provide a detailed assessment of the wetland
functions identified in Module 5.3 b) 11) through b) 18).
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d)
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If any wetlands within the proposed project or adjacent area will be indirectly affected (e.g. altering the
wetland hydrology), provide the following:
1)
Identify the wetland and provide an estimate of the total wetland acreage affected.
2)
A description of how the proposed reclamation activities will indirectly affect the wetlands
Will the cumulative impact of the proposed and anticipated reclamation
activities result in a major impairment of the wetland resource in the
general area?
yes
no
yes
no
Provide an explanation of the determination and identify any contacts with
state or federal agencies involved in making the determination.
5.5
Wetland Mitigation/Replacement
a)
Is wetland mitigation/replacement proposed?
b)
What is the area of the existing wetlands to be affected under the mitigation/replacement proposal?
acres.
Identify the location of these existing wetlands on the Operations Map (Exhibit 2.2).
c)
What is the area of the proposed replacement wetland under the mitigation/replacement proposal?
acres.
Identify the location of these proposed wetlands on the Operations Map (Exhibit 2.2).
NOTE: At a minimum, wetland replacement must be a 1:1 ratio (replacement acres; affected acres).
The Department may require the ratio to exceed 1:1 based on the functions and values of the wetlands
to be affected.
d)
Will the wetland replacement area be located on or adjacent to the proposed reclamation activities?
NOTE: Wetland replacement sites will generally not be approved unless the site is located within the
same general area as the existing wetland to be replaced.
e)
Provide a plan for mitigation/replacement following the guidelines in the DEP’s Technical Guidance
Document, “363-0300-001”, “Design Criteria for Wetlands Replacement.” This guidance can be found
on the Department’s eLibrary.
§105.1 8a. Approval of structures and activities in wetlands.
a)
Exceptional value wetlands. Except as provided for in subsection (c)*, the Department will not
grant a contract under this chapter for a dam, water obstruction or encroachment located in,
along, across or projecting into an exceptional value wetland, or otherwise affecting an
exceptional value wetland, unless the application affirmatively demonstrates in writing and the
Department issues a written finding that the following requirements are met:
1)
The dam, water obstruction or encroachment will not have an adverse impact on the
wetland, as determined in accordance with §§105.14(b) and 105.15 (relating to a review of
applications; and environmental assessment).
2)
The project is water-dependent. A project is water-dependent when the project requires
access or proximity to or sitting within the wetland to fulfill the basic purposes of the
project.
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3)
There is no practicable alternative to the proposed project that would not involve a wetland
or that would have less effect on the wetland, and not have other significant adverse
effects on the environment. An alternative is practicable if it is available and capable of
being carried out after taking into consideration construction cost, existing technology and
logistics. An area not presently owned by the applicant which could reasonably be
obtained, utilized, expanded or managed to fulfill the basic purpose of the project shall be
considered as a practicable alternative.
4)
The project will not cause or contribute to a violation of an application State water quality
standard.
5)
The project will not cause or contribute to pollution of groundwater or surface water
resources or diminution of resources sufficient to interfere with their uses.
6)
The cumulative effect of this project and other projects will not result in the impairment of
the Commonwealth’s exceptional value wetland resources.
7)
The application shall replace affected wetlands in accordance with §105.20a (relating to
wetland replacement criteria).
* requires applicant to demonstrate that the proposed project is necessary to abate a substantial
threat to the public health or safety and that the requirements of subsections (b) (2)-(7) are
met.
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