PUB 783

Environmental
Permitting Handbook
PUB-783 (11-18)
www.penndot.gov
PUB 783 - Environmental Permitting Handbook
TABLE OF CONTENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i
List of Tables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iv
List of Figures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iv
Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
SECTION I – Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
CHAPTER 1: Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Federal Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
State Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
CHAPTER 2: Agencies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Permitting Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Commenting Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Agency Coordination Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
CHAPTER 3: Activities and Project Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Activities Subject to Permitting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PennDOT Project Development Process and Permitting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Design-Build Permitting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
SECTION II – Waivers and Permit Types . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

CHAPTER 4: Waterway Waivers, Permits, and Authorizations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Waivers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Programmatic (General Maintenance) Permits EXX-9999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
General Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Water Obstruction and Encroachment Permit Through
a Small Projects Joint Permit Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Water Obstruction and Encroachment Permit Through
a Standard Joint Permit Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Additional Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Chapter 106 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Aids to Navigation Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
PASPGP-5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Emergency Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Nationwide Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Individual USACE Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
RHA Section 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
RHA Section 9 Bridge Permit (USCG) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Notice to Navigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Submerged Lands License Agreements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
i Rev. (11-18)
CHAPTER 5: Earth Disturbance Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Permit for Stormwater Discharges Associated with Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Erosion and Sediment Control Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Act 167 – Stormwater Management Plans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Small Municipal Separate Storm Sewer System (MS4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Act 162 – Riparian Buffers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Phased Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
SECTION III – Permit Determination Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

CHAPTER 6: Which Permits Do I Need? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Chapter 105/106 Waterway Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Waterway Permitting Examples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Earth Disturbance Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Coordination of Permit Submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
SECTION IV – Building a Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

CHAPTER 7: Permit Components . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Waterway Permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Earth Disturbance Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Post Construction Stormwater Management (PCSM) Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Preparedness, Prevention, and Contingency (PPC) Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
CHAPTER 8: Quality Assurance/Quality Control (QA/QC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Checklists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Roles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Process. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
CHAPTER 9: Best Practices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Chapter 105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Chapter 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
SECTION V – Permit Authorization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66

CHAPTER 10: Permit Submittal Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
CHAPTER 11: Now That I Have a Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Approval/Authorization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Project Completion Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Mitigation and Monitoring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Rev. (11-18) ii
APPENDIX A - GLOSSARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-1

APPENDIX A: Glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .A-2
APPENDIX B: Acronyms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .B-1
APPENDIX C: Contact Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .C-1
APPENDIX D: USACE Navigable Waters of the United States (Section 10 Waters) . . . . . . . . . . . . . . . . . . . .D-1
APPENDIX E: Maintenance Permit Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E-1
APPENDIX F: Chapter 105 General Permit Quick Reference Guide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F-1
APPENDIX G: SLLA Stream List . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .G-1
APPENDIX H: Permit Scenario Sketches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .H-1
APPENDIX I: 2008 Mitigation Rule/General Mitigation Plan Components . . . . . . . . . . . . . . . . . . . . . . . . . . . .I-1
APPENDIX J: E&S Pollution Control Plan and PCSM Plan References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .J-1
APPENDIX K: Chapter 105 QA/QC Checklists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .K-1
• EXX-9999
• General Permit 11 and/or 8
• Other General Permits
• Joint Permit
APPENDIX L: Chapter 102 QA/QC Checklists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .L-1
• Erosion & Sediment Control Permit
• NPDES General Permit
• NPDES Individual Permit
APPENDIX M: Chapter 102 BMP QA/QC Checklists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .M-1
• Site Access
• Sediment Barriers
• Channels
• Sediment Basins
• Sediment Traps
• Outlet Protection
• Other
APPENDIX N: Permit Submission Comment Summary Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N-1
APPENDIX O: Consistency Letter Requirementment Memos . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .O-1
APPENDIX P: Paper Permit Submittal Cover Sheet Example . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .P-1
APPENDIX Q: Map of PennDOT Wetland Banks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Q-1
iii Rev. (11-18)

LIST OF TABLES
Table 1: PennDOT Maintenance-Force Permit Numbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Table 2: Earth Disturbance Approval Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Table 3: Waterway Permit Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Table 4: QAQC Checklists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Table 5: MOU Permit Review Timeframes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Table 6: Approval Notification Types . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
LIST OF FIGURES
Figure 1: USACE Regulatory Jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Figure 2: Floodway and Floodplain Sketch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Figure 3: Waterways Permitting Flowchart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-40
Figure 4: Waterway Permitting Examples: Stone Arch Bridge over Saucon Creek . . . . . . . . . . . . . . . . . . . 41
Figure 5: Waterway Permitting Examples: Millfair Road . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Figure 6: Waterway Permitting Examples: Marsh Creek Bridge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Figure 7: Existing Roadway Cross Section Limits for RMA Determination . . . . . . . . . . . . . . . . . . . . . . . . . 43
Figure 8: Earth Disturbance Activities within the 100-Year Floodplain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Figure 9: Earth Disturbance Permit Determination Flowchart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Figure 10: H&H Analysis Requirements for Commonly Encountered Project Phases . . . . . . . . . . . . . . . . 52
Figure 11: Permit Review Process Flowchart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Figure 12: KEES General Workflow. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Rev. (11-18) iv
PREFACE
This guidance document is a reference for understanding, completing, and executing earth disturbance and
waterway permit submissions as dictated by the requirements of the state and federal regulations. Each
transportation project will vary; therefore, each permit should be considered on a case-by-case basis.
The procedures described in this handbook are provided for guidance only, and are not a legal interpretation
or regulations. This document establishes the framework within which the Pennsylvania Department of
Transportation (PennDOT) will exercise its administrative discretion in the future. PennDOT reserves the
discretion to deviate from this guidance if circumstances warrant. This guidance is for informational purposes
only; it is not regulatory.
1 Rev. (11-18)
PUB 783 - Environmental Permitting Handbook Section I - Introduction
SECTION I - Introduction
PennDOT has developed this permitting handbook to provide a background, overview, and overall
understanding of earth disturbance and waterway permits. This handbook focuses on PennDOT
transportation projects and is presented from that perspective. While this handbook may be a useful tool for
some private sector projects that require permits, the primary intent of this handbook is to cover
transportation-related projects. Additionally, this handbook does not supersede permit regulations or
application instructions established by the Pennsylvania Department of Environmental Protection (PADEP)
or other regulatory agencies.
The goals of this manual are to:
• Improve comprehension of the laws, regulations, policies, and procedures related to earth disturbance
and waterway permits;
• Unify the PennDOT Connects system and the permitting process;
• Provide guidelines for preparing earth disturbance and waterway permits in a consistent manner;
• Streamline the PennDOT permitting processes; and
• Provide a framework for the coordination of information between agencies, PennDOT, consultants,
and others on environmental permits.
A glossary of relevant terms is provided in Appendix A. A list of acronyms used in the manual can be found
in Appendix B. Appendix C contains contact information for the various regulatory agencies mentioned in
this manual.
Please Note: The use of “waterway permits” in this manual refers to permits required to affect surface waters
of the U.S. and of the Commonwealth of Pennsylvania. It does not include permits relating to waste water,
underground tank removal, illicit discharges, spill containment, or spill response.
Rev. (11-18) 2
Section I - Introduction PUB 783 - Environmental Permitting Handbook
CHAPTER 1: Regulations
In Pennsylvania wetlands, rivers, streams, and lakes, collectively referred to as waterbodies, and activities
affecting waterbodies are regulated by the state and usually also the federal government. The following laws,
regulations, executive orders, policies, and agreements are applicable to PennDOT highway operations.
Federal Regulations
Under the U.S. Constitution, the federal government is charged with
protecting and promoting interstate commerce. The federal government has
Federal regulations
established regulatory programs to restore and maintain the physical,

protect essentially all
chemical, and biological integrity of navigable waters, their tributaries, and
other waters that support interstate commerce. Federal regulations protect
surface waters with a
essentially all surface waters with a direct connection to navigable waters,

direct connection to
including their tributaries and wetlands. Certain wetlands and waters may navigable waters,
also be regulated if they significantly affect the water quality of navigable
waters. Collectively these aquatic resources are referred to as Waters of the
including their
United States (WOTUS). The primary federal statutes that establish this tributaries and wetlands.
regulatory program include:
• Rivers and Harbors Appropriation Act of 1899 (RHA) – Gives the United States Army Corps of
Engineers (USACE) and the U.S. Coast Guard (USCG) the authority to regulate navigable waters.
v Section 9 of the RHA – Requires USCG authorization for the construction of a bridge, dam, dike,
or causeway over or in navigable waters in order to ensure that interstate and foreign commerce
on navigable waters remains unimpeded.
v Section 10 of the RHA – Requires USACE authorization for the placement of any structure or fill
into navigable waters. Consequently, federally-designated navigable waters are often called
Section 10 Waters. A map of the Section 10 Waters within Pennsylvania is provided in Appendix
D.
v Section 14 of the RHA – Allows for other entities beyond the USACE to alter, occupy, or use
USACE civil works projects so long as the proposed alterations are not injurious to the public
interest or affect the civil works project’s ability to meet its authorized purpose. This means that
the USACE has the authority to review, evaluate, and approve all alterations to federally
authorized civil works projects to make sure they are not harmful to the public and still meet the
project’s intended purposes mandated by congressional authorization. This regulation is also
referred to as Section 408 of the United States code.
• Clean Water Act (CWA) – Gives the USACE permitting authority over WOTUS.
v Section 401 of the CWA – Authorizes federal agencies to issue permits to discharge into WOTUS
only where the state certifies that the discharge will comply with the state’s water quality
standards. In Pennsylvania, a Section 401 Water Quality Certification (401 WQC) is included with
the PA Chapter 105 permit (see State Regulations below for an explanation of Chapter 105) issued
by the PADEP. Section 404 permits from the USACE for activities that are not also covered by a
Chapter 105 permit are not valid until PADEP issues a separate Section 401 WQC.
v Section 402 of the CWA – Section 402 of the Clean Water Act requires that all construction sites
with a disturbance of an acre or greater of land discharging stormwater directly from a point
source (a pipe, ditch or channel) into a surface water of the United States (a lake, river, and/or
ocean) must obtain permission under the National Pollutant Discharge Elimination System
(NPDES) permit.
3 Rev. (11-18)
v Section 404 of the CWA – Regulates the discharge of dredged or fill material into all WOTUS,
including jurisdictional wetlands, by establishing a permit program administered by the USACE.
Guidelines authorized in Section 404(b)(1) establish a process for evaluating permit applications
that aims to avoid and minimize impacts to waterbodies to the extent practicable. These
guidelines can be found in 40 CFR § 230. Placement of fill into WOTUS requires USACE
authorization. Permanent impacts to WOTUS must be offset with compensatory mitigation.
v Section 404(f) of the CWA – Exempts several categories of projects from federal permitting
requirements, including maintenance and repair activities on currently serviceable transportation
facilities (bridges, culverts, approaches, etc.). The USACE will determine when a project qualifies
for a Section 404(f) exemption on a case-by-case basis.
• National Environmental Policy Act of 1969 (NEPA) – Requires all federal agencies to fully consider
the environmental impact of projects that they sponsor or fund. Compliance with NEPA is required
prior to issuing a federal permit. Common steps to ensure NEPA compliance include documentation
of the extent of environmental resources in the project area, avoidance and minimization of impacts,
analysis of the effects of unavoidable impacts, and details about potential compensatory mitigation.
• Executive Order 11990 – Requires all federal agencies to develop rules to ensure that their projects
(including projects they fund) minimize impacts to wetlands.
• Section 106 of the National Historic Preservation Act – Requires federal agencies to consider the
effects of projects on historic properties and provides the Pennsylvania Historical and Museum
Commission (PHMC)/ State Historic Preservation Office (SHPO), the Advisory Council on Historic
Preservation, consulting parties, and the public an opportunity to comment on the proposed project.
Its regulations are located at 36 CFR Part 800. This act is triggered if a Section 404 or other federal
permit is required.
• Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 66 et seq) – Protects fish
and wildlife when federal actions result in the control or modification of a natural stream or body of
water. It authorizes the involvement of the U.S. Fish and Wildlife Service (USFWS) in evaluating
impacts to fish and wildlife from activities proposed in waterbodies.
• Executive Order 13175 – Establishes regular consultation and collaboration with tribal officials in
the development of federal policies that have tribal implications, to strengthen the “government-to-
government relationship between the U.S. and Indian tribes, and to reduce the imposition of
unfunded mandates upon Indian tribes.”
• USACE Permit Regulations (33 CFR 320-332) – Specifies the procedures and criteria for the issuance
of Section 404 permits.
• U.S. Environmental Protection Agency (EPA) Regulations (40 CFR Part 122) – Specifies the
procedures and criteria for the issuance of NPDES permits.
• USCG Regulations (23 CFR 650A) – Subpart H, Sections 805 through 807 outline USCG coordination
for bridges over navigable waterways.
• Wild and Scenic Rivers Act - Preserves certain rivers of the nation that possess outstandingly
remarkable scenic, recreational, geological, fish and wildlife, historic, cultural, or other similar values
in free-flowing condition. Furthermore, their immediate environments shall be protected for the
benefit and enjoyment of present and future generations.
Rev. (11-18) 4
Additionally, there have been several United States Supreme Court decisions regarding the limits of federal
jurisdiction over waterbodies. Refer to the Wetland Resources Handbook (PUB 325) for further details
regarding current case law and a discussion of jurisdictional limits.
State Regulations
State laws protecting waters and wetlands are broader in scope than the
federal laws. The state government is charged with protecting public safety,
State regulations
personal property, and natural resources. State regulations protect Waters
protect Waters of the
of the Commonwealth (WOC), which include essentially all watercourses,
Commonwealth (WOC),
floodways, and bodies of water within Pennsylvania. Regulated
which include essentially
watercourses in Pennsylvania include rivers and streams, and any channel all watercourses,
with perennial or intermittent flow, whether natural or artificial. Regulated floodways, ponds,
bodies of water include natural or artificial lakes, ponds, reservoirs, swamps, lakes, wetlands, and
marshes, and wetlands. The primary statutes that established this regulatory vernal pools within PA.
program include:
• Pennsylvania Clean Streams Law – Establishes the state’s authority to regulate any activity that
creates a danger of pollution or that must be regulated to avoid pollution. The law provides PADEP
with additional regulatory and enforcement authority for its Chapter 105 permitting program.
• 25 PA Code Chapter 92a – Provides the baseline regulatory requirements for PADEP’s
implementation of the federal NPDES program. This includes NPDES permit conditions,
implementation, monitoring, and compliance requirements.
• 25 PA Code Chapter 102 – Sets forth the requirements for construction activities which includes the
development of erosion and sediment (E&S) pollution control and post-construction stormwater
management plans. Specifically, Chapter 102 “requires persons proposing or conducting earth
disturbance activities to develop, implement and maintain best management practices (BMPs) to
minimize the potential for accelerated erosion and sedimentation and to manage post construction
stormwater. The BMPs shall be undertaken to protect, maintain, reclaim and restore water quality
and the existing and designated uses of waters of this Commonwealth.”
• 25 PA Code Chapter 105 – These regulations grew out of the Pennsylvania Dam Safety and
Encroachments Act of 1978 and establishes the state’s authority to regulate dams, water obstructions,
and encroachments located in watercourses, waterbodies (including wetlands), and floodways. Any
activity that affects the course, current, or cross section of a watercourse, floodway, or body of water
and any structure located in, along, across, or projecting into a watercourse, floodway, or body of
water requires a PA Chapter 105 permit from the PADEP.
• Pennsylvania Act 120 of 1970 – Establishes PennDOT and requires the agency to fully consider the
environmental impact of projects that are considered transportation routes or programs and require
the acquisition of new or expanded rights-of-way (ROWs). Stream and wetland resources are
included.
• Pennsylvania Floodplain Management Act of 1978 (Act 166) – Establishes state floodplain
management regulations affecting development in Pennsylvania, including permitting requirements
for highway obstructions and other state-owned obstructions located within floodplains. These
requirements are typically addressed as part of the PA Chapter 105 permitting process.
• Storm Water Management Act – Known as Act 167, this law requires counties to develop stormwater
management plans (SMP) for each watershed within their county. The purpose of this Act is to
manage stormwater runoff in order to preserve and restore the flood carrying capacity of streams
(thereby reducing flooding), preserve the hydrologic balance of the watershed, and protect and
conserve groundwater resources and groundwater recharge areas. Any project funded by the
Commonwealth must be conducted in a manner consistent with the Act 167 plan that has been
approved by PADEP.
5 Rev. (11-18)
• PA Scenic Rivers Act – Protects certain rivers that possess outstanding aesthetic and recreational
values in relation to their designation. Designations include wild, scenic, pastoral, recreational, and
modified recreational.
• Act 162 – Riparian Buffers – Amends the Pennsylvania Clean Streams Law to address buffer
requirements in Pennsylvania regulations found in 25 Pa Code Chapter 102. The amendment pertains
to individual NPDES permit applications for Stormwater Discharges Associated with Construction
Activities.
Rev. (11-18) 6
CHAPTER 2: Agencies
Permitting Agencies
Section 10 of the RHA and Section 404 of the CWA are administered by the USACE. The USACE has
permitting authority for projects that propose encroachments into WOTUS. The EPA is involved in developing
policy for the Section 404 program and has concurrent jurisdiction with the USACE to enforce it.
PA Chapter 105 permits and Section 401 WQCs are administered by PADEP. WQC by the state is required by
Section 401 of the CWA for any project requiring a federal permit for a discharge into WOTUS. 401 WQC is
integrated into the permitting process in Pennsylvania; separate 401 WQC is not required for transportation
projects that require a Chapter 105 permit unless using the integrated NEPA/404 process. The integrated
NEPA/404 Process is discussed in PUB 10, Design Manual Part 1, Chapter 10.
In Pennsylvania, the Pennsylvania State Programmatic General Permit-5 (PASPGP-5) is a delegation

agreement between PADEP and the USACE that allows PADEP to attach federal authorization for projects
falling below set impact thresholds. This limits duplication of effort when permitting structures and activities
in WOC. PASPGP-5 provides a way to include state and federal authorizations in one permit for qualifying
projects.
In some counties, PADEP has delegated authority under the Chapter 105 program to County Conservation
Districts (CCDs). In these counties, the conservation districts are responsible for reviewing and authorizing
certain Chapter 105 permits.
A USCG permit may be needed for certain projects involving bridges over federally-designated navigable
waters. The Federal Highway Administration (FHWA) is responsible for determining when a USCG permit is
required. A USCG permit is required for bridges on (1) tidal waters that pass vessels larger than 21 feet and
(2) waters used for interstate or foreign commerce. For state-designated navigable waters, PADEP is the lead
agency.
The NPDES program is administered either by the EPA or by the state that has been delegated the authority
to administer the program. PADEP administers the NPDES program in Pennsylvania, and PADEP works in
conjunction with most of the CCDs to manage the NPDES program. PADEP and the CCDs jointly regulate
construction activities utilizing existing state regulations concerning erosion control and NPDES permits to
implement the federal requirements.
Note that PennDOT has a Memorandum of Understanding (MOU) in place with PADEP and an Interagency
Agreement with USACE regarding permit reviews. Within PADEP and USACE, there are several staff
positions that are dedicated to the priority review of PennDOT projects. These dedicated positions are funded
under Section 1307 of the Moving Ahead for Progress in the 21st Century Act (MAP-21) in the case of PADEP
and Section 1312 of the Fixing America’s Surface Transportation (FAST) Act for USACE, both of which allow
the use of Title 23 reimbursement funding.
Project location and type of activity will determine which agencies will be involved in the permit review. In
addition, there are multiple offices for each agency. For instance, there are three USACE districts, six PADEP
regions, and 66 CCDs within Pennsylvania. Refer to Appendix C for maps showing the regional boundaries
and contact information for the permitting agencies discussed above. Appendix C also contains a summary
table of the CCDs with delegated authority.
7 Rev. (11-18)
In some counties, PADEP has delegated authority under the Chapters 102 and 105 programs to
County Conservation Districts (CCDs). In these counties, it is important to consult with the
local conservation district to determine their level of involvement.
Commenting Agencies
Several agencies are regularly involved in the permitting process in a consultation role. They do not have
permitting authority but provide comments and recommendations to the PADEP and USACE. Their
comments may confirm that a proposed project is unlikely to adversely affect resources under their
jurisdiction, or they may recommend changes to a project to avoid adverse impacts. The recommendations
provided by commenting agencies are independently evaluated by PADEP and USACE. These
recommendations may require additional information from the applicant or may become a condition of the
permit upon concurrence from PADEP and/or USACE. The commenting agencies and their roles in the
permitting process are described briefly below.
The Pennsylvania Department of Conservation and Natural Resources (DCNR) provides input on proposed
projects that involve threatened or endangered plants and terrestrial invertebrates and ecologically significant
habitats. They are also involved in projects proposed in or along scenic rivers.
The Pennsylvania Fish and Boat Commission (PFBC) is responsible for the protection of aquatic organisms
(e.g., fish and freshwater mussels), reptiles and amphibians. The Chapter 105 regulations specifically provide
that the project must be consistent with the laws administered by the PFBC. Therefore, PFBC comments may
relate to threatened, endangered, or candidate species for projects proposed within their range, or they may
be more general and concerned with unobstructed movement of aquatic organisms in streams and rivers.
The PFBC may also recommend seasonal work restrictions in streams and rivers that serve as spawning or
nursery areas for migratory fish species.
The Pennsylvania Game Commission (PGC) is responsible for the protection of bird and mammal species.
PGC comments will generally focus on impacts to threatened, endangered, and candidate species.
The U.S. Fish and Wildlife Service (USFWS) is responsible for the protection of federally listed threatened
and endangered (T&E) species and their habitat under the Endangered Species Act. The USFWS also ensures
compliance with the Bald and Golden Eagle Protection Act, Migratory Bird Treaty Act, Fish and Wildlife
Coordination Act, and Wild and Scenic Rivers Act.
The PHMC oversees protection of cultural resources in the state having roles in Section 106 of the National
Historic Preservation Act and the State History Code. Cultural resources include historically significant
structures or sites, as well as archaeologically significant sites. The SHPO is consulted with under the Section
106 process when a federal permit is required for a project or federal funds are used for a project in
Pennsylvania. In Pennsylvania, the SHPO is a bureau within the PHMC.
Refer to Appendix C for the contact information for the commenting agencies discussed above.
Agency Coordination Meetings

PennDOT Central Office has monthly agency coordination meetings. These meetings include Central Office
staff, all PennDOT Districts, the permitting agencies, the commenting agencies, and metropolitan/rural
planning organizations. One office day and two field days are reserved each month for the agency
coordination meetings. Projects are discussed in the planning and preliminary design phases through final
design and permitting in order to identify and address potential concerns collaboratively.
Rev. (11-18) 8
CHAPTER 3: Activities and Project Development

Activities Subject to Permitting
Any activity that involves the placement of fill (soil, stone, concrete, steel, etc.) in WOTUS requires a Section
404 permit (see Figure 1 below). Isolated wetlands only require PA Chapter 105 authorization, but only the
USACE and EPA can determine whether a wetland is isolated and not jurisdictional from a federal
perspective. See Section I, Chapter 1 and/or the glossary in Appendix A for a definition of WOTUS.
Any activity that involves the placement of fill in a navigable WOTUS requires a Section 10 permit as well
(see Figure 1 below). Refer to Appendix D for a map of the navigable WOTUS in Pennsylvania.
Figure 1: USACE Regulatory Jurisdiction
Per Chapter 105, a permit is required to “construct, operate, maintain, modify, enlarge or abandon a dam,
water obstruction or encroachment.” Chapter 106 defines the permitting requirements for the Commonwealth
(including PennDOT), political subdivisions, and public utilities for activities proposed in floodplains. Per 25
Pa. Code Chapter 106, a permit is required to “construct, modify, remove, destroy or abandon a highway
obstruction or an obstruction in a floodplain.” Under Chapters 105 and 106, essentially all PennDOT projects
that require work within a watercourse, body of water, floodway, or floodplain will require a permit. Figure 2
illustrates the difference between a floodway and floodplain.
An NPDES Permit is required for a project in which the total project earth disturbance area is greater than or
equal to one acre, or an earth disturbance on any portion, part, or during any stage of, a larger common plan
of development or sale that involves equal to or greater than one acre of earth disturbance. PA Chapter 102
exempts road maintenance activities from NPDES permit requirements; however, an Erosion and Sediment
Control Permit is required for a project proposing 25 acres (10 hectares) or more of road maintenance
activities. Refer to Chapter 6, Earth Disturbance Permits for more details on calculating disturbance areas.
9 Rev. (11-18)
Chapter 105 Definitions
i) A dike, bridge, culvert, wall, wingwall, fill, pier, wharf, embankment, abutment or other structure
Water Obstruction
located in, along or across or projecting into a watercourse, floodway or body of water.
ii) In the case of ponds, lakes and reservoirs, a water obstruction is considered to be in or along the
body of water if, at normal pool elevation, the water obstruction is either in the water or adjacent to
or abutting the water’s edge.
A structure or activity which changes, expands or diminishes the course, current or cross section of a
Encroachment
watercourse, floodway or body of water.
Figure 1: Floodway and Floodplain Sketch
PennDOT Project Development Process and Permitting

PennDOT Connects is a PennDOT system that has been established to improve the transportation program
development and project delivery process and link it to environmental processes and procedures. PennDOT
Connects identifies the most urgent infrastructure needs and provides the opportunity for details unique to
communities, including potential environmental resource impacts, to be identified and discussed for each
project in the planning phase. Identifying those elements in the planning phase provides a better
understanding of the issues that may affect the project delivery schedule and budget. As a project moves from
the planning and programming phases to preliminary engineering, the scope of work is established. During
Rev. (11-18) 10
preliminary engineering, documentation must be prepared to ensure that the proposed project complies with
NEPA. This documentation is usually in the form of a Categorical Exclusion Evaluation (CEE) or Bridge and
Roadway Programmatic Agreement (BRPA) programmatic. As part of the NEPA documentation, potential
impacts to waterbodies, the area of earth disturbance, other environmental impacts, and the necessary permit
types are identified. Likewise, mitigation commitments identified during the NEPA process are entered into
the Environmental Commitments and Mitigation Tracking System (ECMTS). Once the project enters the final
design phase, the NEPA document and ECMTS matrix should be reviewed and taken into consideration when
preparing the requisite permits. If additional mitigation commitments are identified during the permitting
process, then they should be added to the ECMTS matrix.
Design-Build Permitting
Regulatory permitting for water obstructions and encroachments does not depend on whether construction
contracting uses the traditional Design-Bid-Build procedures or the Design-Build procedures. In a Design-
Build project, permits can be obtained early in the project development stage, or later in the design phase by
either PennDOT or the Design-Build Team. In either case, the permitting process is the same as described in
Chapter 7, and the applicant must ensure that they submit a complete application package which includes
final plans. Design changes subsequent to permitting must follow the process for permit amendments
described in Chapter 11.
11 Rev. (11-18)
Section II - Waivers and Permit Types PUB 783 - Environmental Permitting Handbook
SECTION II - Waivers and Permit Types

PADEP issues PA Chapter 105 and Chapter 106 authorizations and Section 401 WQCs through waivers and
the following types of permits: Maintenance (EXX-9999), General Permit, Small Project Permit, or Standard
Permit.
Section 404 and Section 10 authorizations in Pennsylvania are generally issued through one of the following
types of permits: Pennsylvania State Programmatic General Permits (PASPGP), Individual Permits, or
Nationwide Permits (NWPs) (note: some NWPs are suspended in Pennsylvania and are covered under the
PASPGP).
The USCG administers Section 9 Bridge Permits and notice to navigations for projects involving navigable
WOTUS.
Earth disturbance permit types include General NPDES Permit, Individual NPDES Permit, and Erosion and
Sediment Control Permit. For projects that don't require any of these permits, an E&S plan would still be
required under the Chapter 102 and/or Chapter 105 regulations.
12 Rev. (11-18)
PUB 783 - Environmental Permitting Handbook Section II - Waivers and Permit Types
CHAPTER 4: Waterway Waivers, Permits, and Authorizations
Waivers
Per Chapter 105.12, permitting requirements are waived for activities that Waiver 2:
meet certain requirements and do not have a significant effect upon the A water obstruction in a
safety or the protection of life, health, property, or the environment. There is stream or floodway with
a total of 23 waivers: 16 waivers that may apply to current projects and seven a drainage area of 100
additional waivers that were issued for projects that were constructed prior acres or aless. This
to July 1, 1979. A list of waivers is provided below; those that are regularly waiver does not apply
applied to PennDOT projects are highlighted below. Requirements and for projects with impacts
applicability of other current and historic waivers are included in Chapter to wetlands located in
105.12. Most projects that qualify for waivers do not require submission of
any documentation to PADEP. Waivers 11 and 16 require submission of an
the floodway.
Environmental Assessment (EA) to PADEP and must be published in the PA
Bulletin for public review. EAs are required for these waivers because they cover a wide range of activities and
potential resource impacts. Refer to Section IV, Chapter 7 for further details about preparing an EA. An EA in
the Chapter 105 permitting context, as discussed in this handbook, should not be confused with an EA under
NEPA.
• Waiver 1 - A dam not exceeding three feet in height in a stream not exceeding 50 feet in width, except
wild trout streams designated by the Fish and Boat Commission.
• Waiver 2 - A water obstruction in a stream or floodway with a drainage area of 100 acres or less. This
waiver does not apply for projects with impacts to wetlands located in the floodway.
• Waiver 3 - An aerial crossing of a non-navigable stream or wetland by electric, telephone or

communications lines which are not located in a Federal wilderness area or watercourse or body of
water designated as a wild or scenic river under the Wild and Scenic Rivers Act. This waiver applies
to one or more wires attached aboveground to single poles. This does not apply to the maintenance
and construction of towers, roads, or other water obstructions and encroachments.
• Waiver 4 - A dam subject to the requirements of the Mine Safety and Health Administration, 30 CFR
77.216-1 and 77.216-2 (relating to water, sediment or slurry impoundments and impounding
structures; identification; and water, sediment, or slurry impoundments or impounding structures;
minimum plan requirements; changes or modifications; certification), if PADEP determines on the
basis of preliminary data submitted by the applicant that the dam is of Size Classification C and
Hazard Potential Classification 3 as defined in § 105.91 (relating to classification of dams and
reservoirs) and is not located in a watercourse or body of water designated as a wild and scenic river
under the Wild and Scenic Rivers Act of 1968 or the Pennsylvania Scenic Rivers Act.
• Waiver 5 - A water obstruction or encroachment located in, along, across or projecting into a wetland
or impoundment, constructed and maintained for the purpose of treating acid mine drainage, sewage
or other waste, if the wetland or impoundment is a treatment facility constructed under a valid permit
issued by PADEP under the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.1—
1396.31), The Clean Streams Law (35 P. S. § § 691.1—691.1001), the Noncoal Surface Mining
Conservation and Reclamation Act (52 P. S. § § 3301—3326), the Solid Waste Management Act (35 P.
S. § § 6018.101—6018.1003), the Oil and Gas Act (58 P. S. § § 601.101—601.605) and the Pennsylvania
Sewage Facilities Act (35 P. S. § § 750.1—750.20).
• Waiver 6 - A water obstruction or encroachment located in, along, across or projecting into a
stormwater management facility or an erosion and sedimentation pollution control facility which
meets the requirements in Chapter 102 (relating to erosion and sediment control), if the facility was
constructed and continues to be maintained for the designated purpose.
Rev. (11-18) 13
• Waiver 7 - Maintenance of field drainage systems that were constructed and continue to be used for
crop production. Crop production includes: (i) Plowing, cultivating, seeding, grazing or harvesting.
(ii) Crop rotation. (iii) Government set aside programs.
• Waiver 8 - Plowing, cultivating, seeding or harvesting for crop production.
• Waiver 9 - Construction and maintenance of ford crossings of streams for individual private personal
use which require only grading of banks for approach roads and the placement of not more than 12
inches of gravel for roadway stability. Fords may not be used for commercial purposes and shall cross
the regulated waters of this Commonwealth in the most direct manner. This waiver does not apply in
exceptional value streams as listed under Chapter 93 (relating to water quality standards) or in wild
trout streams.
• Waiver 10 - A navigational aid or marker, buoy, float, ramp or other device or structure for which a
permit has been issued by the Fish and Boat Commission under 30 PA Code Section 5123(a)(7).
• Waiver 11 - The removal of abandoned dams, water obstructions and encroachments, if PADEP
determines in writing on the basis of data, information or plans submitted by the applicant that the
removal of the abandoned dam, water obstruction or encroachment cannot imperil life or property,
have significant effect on coastal resources or have an adverse impact on the environment and the
plans provide for restoration and stabilization of the project area.
• Waiver 12 - The construction, operation or removal of staff gages, water recording devices, water
quality testing devices, including, but not limited to, sensors, intake tubes, weirs and small buildings
which contain required instruments and similar scientific structures.
• Waiver 13 - bridge or culvert purchased from an operating railroad company subsequent to the
abandonment of the railroad line, track, spur or branch pursuant to the approval of the Interstate
Commerce Commission. Major maintenance or reconstruction, or stream dredging may not be
undertaken until the new owner obtains a permit under this chapter.
• Waiver 14 - The maintenance of an artificial pond or reservoir to its original storage capacity where:
v The contributory drainage area is ≤ 100 acres.

v The greatest depth of water at maximum storage elevation is ≤ 15 feet.
v The impounding capacity at maximum storage elevation is ≤ 50 acre-feet.
• Waiver 15 - The construction and maintenance of an encroachment or water obstruction on an
abandoned mining site, where PADEP has issued a notice of intent to forfeit the bond for a mining
activity permitted after July 1982.
• Waiver 16 - Restoration activities undertaken and conducted pursuant to a restoration plan which has
been approved, in writing, by PADEP.
Waiver of the Chapter 105 permitting requirements does not waive Federal permitting requirements; projects
qualifying for a waiver under Chapter 105 may still need to be authorized by the USACE.
14 Rev. (11-18)
Programmatic (General Maintenance) Permit EXX-9999

Permit (EXX-9999) Standards for Bridge Cleaning pertains to general maintenance of older bridges for which
there is no permit of record. Permit applications for newer bridges typically include certain maintenance
activities in the permit conditions. If maintenance activities are included in the permit conditions, maintenance
can be performed without a new permit authorization. Although the original intent of this permit
authorization was to allow PennDOT personnel to conduct maintenance activities, it has also been successfully
used for maintenance projects bid out to contractors. Each PennDOT District has its own permit number, as
described in Table 1 below. Note EXX-9999 permits cannot be used for locally sponsored projects unless there
is a maintenance agreement between PennDOT and the municipality.
District Permit Number

1 E61-9999
2 E17-9999
3 E41-9999
4 E35-9999
5 E39-9999
6 E23-9999
8 E22-9999
9 E07-9999
10 E32-9999
11 E02-9999
12 E26-9999
Table 1: PennDOT Maintenance-Force Permit Numbers
Generally, activities permitted by EXX-9999 permits are limited to channel

cleaning, minor pier and abutment repairs, superstructure maintenance,
and superstructure replacement that does not alter the hydraulic opening.
Generally, activities
Detailed EXX-9999 permit requirements and application documentation

permitted by EXX-9999
requirements are listed in the Standards for Bridge Clearance, Channel

permits are limited to
Improvement, and Bridge Rehabilitation Projects, which can be found in
channel cleaning,
Appendix E. An EXX-9999 permit application typically requires less
minor pier and abutment
documentation than a General Permit Registration or a Standard Joint
repairs, and superstructure
maintenance that does Permit Application (JPA). EXX-9999 permits are limited to projects with
not alter the hydraulic insignificant impacts. PADEP considers impacts to wetlands significant;
opening. therefore, EXX-9999 permits cannot be used if the project will result in any
wetland impacts.
General Permits
PADEP has issued General Permits (GP) to streamline several common activities that do not pose a significant
threat to the environment. A project may be authorized by a GP if the proposed activity meets the conditions
of the GP. A table summarizing some of the conditions that limit the applicability of GPs is provided in
Appendix F. The process involves registering to use the appropriate GP with the PADEP or delegated CCD
and receiving an acknowledgement letter from the reviewing agency. There are 12 GPs available to satisfy
the permitting requirements in PA Code, Title 25, Chapters 105. The six GPs in bold type below are regularly
encountered on PennDOT projects and are described in further detail. The following paragraphs do not
include a full description of all conditions associated with each permit; specific permit requirements and
application documents for all General Permits can be found on PADEP’s eLibrary website and links for each
GP are provided below. It is recommended that permit preparers review the GP instructions and conditions
to verify that the project meets all applicable criteria for the chosen permit type prior to submitting an
Rev. (11-18) 15
application to PADEP. A table identifying the components required for a GP registration is provided in Table
3 in Chapter 7.
• GP-1: Fish Habitat Enhancement Structures
• GP-2: Small Docks and Boat Launching Ramps
• GP-3: Bank Rehabilitation, Bank Protection, and Gravel Bar Removal
• GP-4: Intake and Outfall Structures
• GP-5: Utility Line Stream Crossings
• GP-6: Agricultural Crossings and Ramps
• GP-7: Minor Road Crossings
• GP-8: Temporary Road Crossings
• GP-9: Agricultural Activities
• GP-10: Abandoned Mine Reclamation
• GP-11: Maintenance, Testing, Repair, Rehabilitation, or Replacement of Water Obstructions and

Encroachments
• GP-15: Private Residential Construction in Wetlands
Generally, because these permits are intended for low-risk projects, GPs are not applicable for projects that
include impacts to any of the following: historical, cultural or archeological sites; National Registry or Natural
Landmarks; stocked or wild trout streams during the in-stream construction restriction dates set by the PFBC;
and -T&E species. Additionally, channel relocation or realignment and some wetland impacts, depending on
the GP, are not authorized.
16 Rev. (11-18)
GP-3: Bank Rehabilitation, Bank Protection and Gravel Bar Removal

On PennDOT projects, this permit is typically used for repair of eroding stream banks and removal of gravel
bars near bridges and culverts. This permit is limited to activities that constitute a single, complete project in
and along a continuous reach of stream channel not exceeding 500 feet. Removal of vegetated gravel bars is
not authorized, nor are projects within 100 feet of watercourses designated as “Wild” within the National or
State Scenic Rivers system. The normal channel width and shoreline configuration should remain substantially
unchanged. Construction should be performed during periods of low flow and use of equipment in the
stream channel or body of water should be minimized. Placement of fill higher than the existing stream banks,
construction of levees, and dredging and excavation below the existing water level are not authorized. No
more than one cubic yard per running foot of rock protection may be placed below the ordinary high water
mark or high tide line. An additional one cubic yard per running foot is authorized above the ordinary high
water mark or high tide line. Grouting of slope protection or rock is not authorized and slope protection is
limited to a maximum slope of 1.5:1. Gravel bars may be removed only to a depth of six inches above the
water level at the time of the project and gravel bar removal is not permitted in exceptional value waters.
GP-4: Intake and Outfall Structures

This permit is typically used by PennDOT for construction or modification of small stormwater outfall
structures. This permit does not include approval of discharges that may require certification under 401(a) of
the Federal Water Pollution Control Act or other relevant state statutes. It is not applicable for outfalls in the
following locations: within 100 feet of a national or state Wild or Scenic River, wetlands, or high quality and
exceptional value streams. The GP-4 also cannot be used to authorize projects located within easement lands
of USACE or Commonwealth of Pennsylvania constructed local flood protection projects. The project is not
authorized to interfere with navigation, fish passage, or passage of flood flows. Outfall structures include any
pipe or culvert discharging into a body of water (or floodway) and includes end treatments such as endwalls,
splash pads, riprap, and ditches. GP-4 authorizes the construction only of outfall structures having a pipe
outfall diameter of 36 inches or less.
GP-5: Utility Line Stream Crossings

While PennDOT does not submit GP-5 applications, PennDOT does occasionally prepare GP-5 applications
for affected activities and the GP-5 activities are sometimes carried out by PennDOT’s contractor. GP-5 permits
are used to authorize the installation, operation, and maintenance of utility line stream crossings. It is not
applicable for projects within 100 feet of a national or state Wild or Scenic River. It also cannot be used to
authorize impacts to exceptional value wetlands, wetlands greater than ten acres in size, reservoirs, or
exceptional value waters. Permitted utility lines must be 36” in diameter or smaller, shall have a minimum
of three feet of cover under streambeds (one foot if the utility line is in rock), shall cross the stream at a right
angle to the stream where possible, and shall be installed “in the dry” where possible.
GP-7: Minor Road Crossings

Construction, operation, or maintenance of minor road crossings that disturb less than 0.1 acre of wetlands
or cross streams with a drainage area of 1.0 square mile or less can be authorized under a GP-7, as can the
removal of a minor road crossing over a stream with a drainage area of 1.0 square mile or less. Additionally,
PADEP’s definition of operation allows the GP-7 to be used for culvert and bridge replacements. Stream
Chapter 105 Definitions
a bridge, culvert, or other structure in excess of 100 feet in length upstream to downstream which encloses a
Stream Enclosure
regulated WOC.
Rev. (11-18) 17
enclosures are specifically excluded from this authorization, as are exceptional value waters, and areas within
100 feet of a National or State Wild or Scenic River. Areas within a Federal Emergency Management Agency
(FEMA) -delineated floodway are also excluded.
GP-8: Temporary Road Crossings

The GP-8 is commonly used on PennDOT projects to build construction access measures such as fords and
causeways in streams and wetlands. Fords are prohibited at high quality and exceptional value streams.
Culverts through temporary crossings must pass the normal flow and extend beyond the toe of the temporary
crossing. Causeways shall not extend further than one half the width of the stream channel. No more than six
inches of rock or gravel may be placed above the original grade for the approaches. Wetland crossings are
limited to 200 feet in length.
GP-11: Maintenance, Testing, Repair, Rehabilitation, or Replacement of Water Obstructions and

Encroachments
The GP-11 authorization is one of the most commonly encountered permit types used on PennDOT projects
and is used to authorize replacement or rehabilitation of structures with a similarly-sized proposed waterway
opening. New stream enclosures, stream relocations, and stream realignments are not authorized by this GP.
Permanent wetland impacts are limited to 0.05 acres. Significant reductions in waterway opening, significant
changes to roadway approaches, and increases in the 100-year water surface elevation pose a higher risk for
environmental and safety impacts and are therefore not authorized. Increases in bridge width or culvert
length are limited to 12 feet on each side, but appurtenant structures such as wingwalls, bank stabilization,
and scour protection can extend up to 50 feet from the existing structure. The GP-11 authorization can also be
used to permit temporary public access roads (for diversion of traffic during construction). Temporary access
permitted under a GP-11 permit can have greater than six inches of fill in the roadway approaches if an
appropriate Hydrologic and Hydraulic (H&H) Report is provided and sealed by a licensed Professional
Engineer (PE). Furthermore, outfall structures can be replaced, repaired, or rehabilitated using a GP-11 if the
project does not qualify for a GP-4.
Water Obstruction and Encroachment Permit Through a Small Projects Joint Permit Application
A Water Obstruction and Encroachment Permit through a Small Projects JPA (referred to as a Small Projects
JPA throughout this handbook) is not commonly used for PennDOT projects, as most projects that qualify
for Small Projects JPA authorization also qualify for authorization under GP-11. A Small Projects JPA may be
made for projects in streams and floodplains where insignificant impacts on safety and protection of life,
health, property, and the environment can be demonstrated without detailed studies or engineering
calculations. Insignificant impacts are defined as no increase in local flood heights because the activity is
small compared to the overall channel and/or floodplain size or localized increases will be across open or
unimproved land or will be placed under flowage easement by the applicant.
Projects that involve impacts to wetlands, federal wilderness areas, national historic sites, or T&E species, or
significant impacts to high quality and exceptional value streams, scenic rivers, and wild and stocked trout
streams, are ineligible for the Small Projects JPA authorization. Other specific limitations of the Small Projects
JPA are included in the JPA Instructions, section II.B. Documentation requirements for Small Projects JPAs are
listed in Chapter 105.13(f). A table identifying the components required for a Small Projects JPA is provided in
Table 3 in Chapter 7.
18 Rev. (11-18)
Water Obstruction and Encroachment Permit Through a

Standard Joint Permit Application Project Categories with special
Water obstruction and encroachment projects that do not qualify permitting requirements per
for a waiver, an EXX-9999 permit, or a General Permit can be Chapter 105 (Bold items will be
authorized using a Water Obstruction and Encroachment Permit addressed in this section):
through a Standard JPA (Standard JPA). This application type • Dams and Reservoirs
requires the most documentation, but is also the most flexible and
can be used for a variety of project types. Due to the additional • Culverts and Bridges
documentation requirements and greater complexity of Standard • Stream Enclosures
JPAs, this permit type typically requires the longest application
preparation and review time. A detailed list of documentation • Channel Changes and
required for Standard JPAs is included in Chapter 105.13(e)-(l). Dredging for Facility
A table identifying the components required for a Standard JPA Construction and
is provided in Table 2 in Chapter 7. Maintenance
• Fills, Levees, Floodwalls,
The Standard JPA is used for projects that cannot meet the and Streambank Retaining
conditions of a GP. Such projects typically require special Devices
conditions to protect cultural resources, T&E species, and special
protection waters. It is also required for projects involving stream • Stream Crossings, Outfalls
relocations, stream realignments, stream enclosures, or significant and Headwalls
changes to the waterway opening. Although these types of • Docks, Wharves, and
impacts can be permitted, the project still must comply with all Bulkheads
applicable laws and regulations, including FEMA floodplain
regulations, and environmental impact mitigation requirements. • Commercial Dredging
The project should also comply with PennDOT’s design standards. • Discharges of Dredged or
Fill Material
Additional Requirements
Bridge and culvert projects are subject to several special requirements per Chapter 105, Subchapter C.
These special requirements include:
• Hydraulic capacity of the crossing must be maintained; the proposed structure must pass flood flows
without loss of stability, may not create or constitute a hazard to life or property, may not materially
alter the natural regimen of the stream, may not cause the erosion of stream beds or banks due to
changes in velocity or flow direction, may not significantly increase water surface elevations, and
must comply with local flood plain management programs.
• Piers and multiple culvert openings should be avoided where possible to avoid collection of debris
and ice at the obstruction.
• Piers subject to supercritical or unstable flow shall be designed to prevent excessive backwater and
downstream waves.
• Abutments and culverts should be aligned with flow, should minimize narrowing of the stream
channel, and should have an adequate height to allow the use of the waterway in its customary
manner.
• The upstream side of culverts should be protected by wingwalls.
The following special requirements apply to projects that propose modification or construction of a stream
enclosure:
• The stream enclosure must be designed and constructed to pass the flow from a flood of 100-year
frequency with no more than a 1.0-foot increase in the 100-year water surface elevation over the water
surface elevation of the natural unimpeded 100-year flow, except where the stream enclosure would
be in a FEMA floodway, in which case no increase in the 100 year water surface elevation will be
permitted.
Rev. (11-18) 19
• If the project does not meet the first criteria, a risk assessment demonstrating that the structure will
not significantly increase the flooding threat to life, property, or the environment should be prepared.
If applicable, the risk assessment should also show that the project is consistent with municipal
floodplain management programs.
• Stream enclosures shall include provisions for adequate access for maintenance of the entire length of
the enclosure. The access points shall be protected, to the maximum extent possible, to prevent the
entrance of unauthorized persons.
For projects that involve channel changes (realignment or relocation of the channel), according to Chapter 105,
Subchapter E:
• Flooding potential greater than the natural conditions of the existing channel must not be created.
• Abrupt bends and significant changes from the existing streambed slope should be avoided.
• If the stream width will be changed, proper depth and velocity of normal flows should be maintained
and pool-riffle ratios should be maintained for streams with substantial fisheries value.
• Shading of the proposed channel should be provided if necessary to avoid temperature changes from
the existing conditions.
Construction or modification of fills, levees, floodwalls, and streambank retaining devices must meet the
following conditions, according to Chapter 105, Subchapter F:
• Does not increase flood heights, unless appropriate flood easements or flood protection is provided
• Does not create erosive velocities in the stream unless appropriate protection has been provided
• Does not increase downstream flood damage due to loss of floodplain storage
• Is consistent with local floodplain management programs
• Slopes are not steeper than two horizontal to one vertical unless special circumstances are
demonstrated and the slope is properly stabilized.
• Levee top width is less than ten feet, adequate drainage has been provided for the area behind the
levee or floodwall, and freeboard has been provided above the design flood of the structure. Levees
and floodwalls must be inspected annually and vegetation should be properly controlled.
Discharge of dredged or fill material also must not impact spawning areas during spawning season, impact
waters that are breeding, feeding, or nesting areas for migratory birds, restrict or impede movement of
indigenous aquatic species or the passage or normal or expected high flows, or cause the relocation of waters.
Chapter 106
Chapter 106 authorization is required for projects that involve a Chapter 106 Definitions
highway obstruction or obstruction constructed, owned, or
maintained by the Commonwealth (including PennDOT), a political The 100-year floodway and that
Floodplain
subdivision of the Commonwealth, or a public utility. Chapter 106 maximum area of land that is likely
authorizations are typically obtained in conjunction with the Chapter to be flooded by a 100-year flood as
105 permits listed above; projects that require a Chapter 105 shown on the floodplain maps
authorization do not need an additional application for a Chapter 106 approved or promulgated by
permit, but it is important to consult with PADEP because this is not FEMA.
always the case. Projects that are located entirely outside of
watercourses, floodways, and bodies of water, but are located
within a floodplain may need a separate Chapter 106 authorization.
20 Rev. (11-18)
Aids to Navigation Plans

Aids to Navigation (ATON) are needed on PennDOT projects near recreational boating waterways and
navigational channels to warn waterway users and help guide them through the project area. Recreational
waterways are navigable waterways where motorized boating, kayaking, and canoeing are possible during
suitable flow conditions. Full-width obstructions, such as causeways and temporary bridges, may need to
provide safe portage through the construction site. Projects that will not obstruct the full width of the stream
typically require warning signs or buoys. The width of the waterway, not the type of obstruction, determines
which type of ATON should be used. Waterways over 200 feet generally require buoys, while those under 200
feet generally require shore-based signs. This is subject to change depending on the specifics of the project and
location; therefore, coordination with PFBC should be conducted when a project involves navigable
waterways. Further, waterways with motorized boat traffic may require floating buoy structures, which must
be permitted by the PFBC. For projects that require floating buoys, PFBC Form 277 should be completed and
submitted to the PFBC office in Harrisburg for review by the Waterways Conservation Officer Manager.
Refer to PUB 13M, Chapter 10.5.C.6 for detailed ATON plan preparation and approval procedures. ATON
plan submissions typically include a project description, location map, photos of the project site, a color-coded
plan view of the project, and example sign templates and specifications. Special requirements for signage at
waterways that have been designated as Water Trails are included in PUB 13M, Chapter 10.5.C.7. Full width
obstructions on Water Trails are discouraged and would require considerable justification and coordination.
PASPGP-5
For PennDOT projects, Section 404 authorizations are usually obtained via PASPGP-5 is the most
the Pennsylvania State Programmatic General Permit in conjunction with recent version of the
the Chapter 105 permits issued by PADEP. In many cases, the PASPGP can PASPGP and was issued
be issued by PADEP or a County Conservation District with the approved by the USACE July 1, 2016.
Chapter 105 water obstruction and encroachment permits. PASPGP 5 is the
most recent version of the PASPGP, was issued by the USACE July 1, 2016, and expires on June 30, 2021. The
PASPGP is typically reauthorized every five years; thus, this may affect a project’s construction schedule.
PASPGP-5 divides projects into two types of activities: Ineligible and Eligible. Eligible activities are further
broken down into Reporting, and Non-Reporting categories. Project impact thresholds are calculated for single
and complete projects. Single and complete linear projects are defined in the PASPGP-5 as follows:
“That portion of the total linear project proposed or accomplished by one owner/developer or partnership or other
association of owners/developers that includes all crossings of a single water of the United States at a specific
location. A linear project is a project constructed for the purpose of getting people, goods, or services from a point of
origin to a terminal point, which often involves multiple crossings of one or more waters of the United States,
including jurisdictional wetlands, at separate and distant locations. A linear project may involve multiple
crossings of streams, wetlands, or other types of waters from the point of origin to the terminal point. Roads and
pipelines are examples of linear projects. For linear projects crossing a single or multiple waterbodies several times
at separate and distant locations, each crossing is considered a single and complete project for purposes of
PASPGP-5 verification. However, individual channels in a braided stream or river, or individual arms of a large,
irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be
considered separately. Each single and complete linear project need not have independent utility within the overall
project. However separate linear projects may have independent utility.”
For non-reporting activities, federal authorization in the form of PASPGP

may be attached by PADEP or their designee without additional prior
review from the USACE. Reporting activities that require a waterway permit
Non-reporting activities
are still submitted to PADEP, but PADEP forwards a copy to the USACE for
can be authorized by
separate review and approval. Ineligible activities cannot be permitted using

PADEP or their designee
the PASPGP-5, instead they would be permitted under a Nationwide Permit
without review from the
(NWP) or Individual Permit (see below).
USACE.
Rev. (11-18) 21
For projects that are part of a larger single and complete project (e.g., a waterway crossing that is part of a
larger corridor improvement project), information describing the locations of the overall linear project’s point
of origin, terminal point, all proposed crossings and impacts to other aquatic resources must be provided. The
USACE has developed a PASPGP-5 -Review Checklist and an Aquatic Resource Impacts Table that should be
prepared and submitted with the Chapter 105 permit application for all projects requiring Section 404
authorization; these forms can be found on PADEP’s eLibrary at the following links:
• Aquatic Resource Impact Table
• PASPGP-5 Review Checklist
For projects that are part of a larger single and complete project, impacts from previously completed work and
estimated impacts from future work should be reported to the USACE.
Ineligible Activities: The following activities that could be encountered on PennDOT projects are not eligible
for PASPGP-5 authorization:
• Proposed work that individually or cumulatively impacts more than 1.0 acre of waters and/or
wetlands, or results in the loss of greater than 1,000 linear feet of stream channel(s)
• Proposed work is located waterward of the Ordinary High Water Mark or the Mean High Water Line
of the following waterbodies: Delaware River (downstream of the US Route 202 bridge in New Hope,
PA), Schuylkill River (downstream of Fairmount Dam in Philadelphia, PA), Ohio River, Beaver River,
Little Beaver Creek, Mahoning River, Monongahela River, Youghiogheny River (from mouth to river
mile 31.2 at West Newton, PA), Allegheny River (from mouth to river mile 197.4 at Kinzua Dam north
of Warren, PA), Kiskiminetas River (from mouth to river mil 26.8 at Saltsburg, PA), Tenmile Creek
(from mouth to river mile 2.7), and Lake Erie activities that require a PADEP Chapter 105 JPA or EA.
USACE may also disqualify a project from PASPGP-5 if it does not comply with the PASPGP-5 general
conditions (Part VI.A of the PASPGP-5) or by discretionary authority.
Reporting Activities: Projects that are considered reporting activities are forwarded by PADEP to the USACE
for review. The PASPGP-5 for these activities cannot be issued without a project-specific review from the
USACE. Single and complete projects that exceed the following thresholds are considered reporting activities:
• Greater than 0.5 acres of direct and/or indirect impacts to WOTUS, including jurisdictional wetlands
(except activities qualifying for waiver 16)
• Greater than 0.1 acre of permanent forested and/or scrub-shrub wetland conversion
• Utility line crossings of WOTUS, including jurisdictional wetlands, that exceed 500 linear feet
• More than 250 linear feet of permanent direct and/or indirect impacts to streams or rivers (except
projects involving stream bank stabilization, rehabilitation, protection, and/or enhancement and
projects qualifying for GP-1 or Waiver 16, where other limits apply)
In addition to projects that exceed these thresholds, additional specific activities that are considered reporting
activities are listed in Part IV.B of the PASPGP-5. Reporting activities that may be encountered on PennDOT
projects include:
• Activities that may affect T&E species and/or their critical habitat as listed in Section IV.B.5 of the
PASPGP-5
• Activities potentially affecting historic properties
• Activities in Wild and Scenic rivers
• Activities requiring an Environmental Impact Statement
• Activities located waterward of the Ordinary High Water Mark of the Delaware River upstream
of the US Route 202 bridge
22 Rev. (11-18)
• Activities across state boundaries
• Construction of Mitigation Banks and In Lieu Fee Sites
• Projects that require a Section 408 permit, such as those affecting USACE civil works projects or
USACE owned or managed property. USACE Civil Works projects include flood risk management,
navigation, recreation, and infrastructure and environmental stewardship; and many projects support
life safety.
• Activities located in the Delaware River (upstream of US 202 bridge in New Hope, PA) or the Lehigh
River (between the mouth and the Francis E. Walter Dam) that will occur between March 15 and June 30
• Temporary impact duration greater than one year
For most permits that involve reporting activities, PADEP will forward a copy of the application to the USACE
for review. If the project is eligible for the PASPGP-5, the applicant will either receive the PASPGP-5
verification in conjunction with the PADEP permit authorization or will receive the PASPGP-5 verification and
any special conditions directly from the USACE. If the project is not eligible for the PASPGP-5, the USACE will
notify both the applicant and PADEP.
Non-Reporting Activities: Permit applications for non reporting activities are not forwarded to the USACE for
review and can normally be processed by the appropriate PADEP regional office or delegated CCD without
the need for additional federal review. PADEP makes the determination whether an activity is reporting or
non-reporting. All PADEP Chapter 105 Waivers (except Waiver 4), Programmatic (EXX-9999) Permits, General
Permits, Small Projects and Standard JPAs are considered non-reporting activities if they do not exceed the
reporting activity thresholds, do not involve any of the reporting activities listed in Part IV.B of the PASPGP-5,
and meet the additional specific requirements listed in Part IV.A of the PASPGP-5.
The specific limitations for some non-reporting activities are listed in the PASPGP-5 by the Chapter 105
permitting mechanism used. Limitations for some activities commonly encountered on PennDOT projects are
listed below; additional limitations on other Chapter 105 waivers and permit types are included in the
PASPGP 5, Part IV.A.
• Waiver 11, Small Projects, and Standard Joint Permits: Activities qualifying for these authorizations
require notification in the Pennsylvania Bulletin. These activities may be authorized by PASPGP-5
after an opportunity for review and comment by the USACE, all other Federal and State resource
agencies, and the general public, through publication in the Pennsylvania Bulletin at least 30 days
prior to the effective date of the PADEP authorization.
• GP-3: Bank rehabilitation and protection is limited to a maximum of 500 linear feet and gravel bar
removal is limited to a maximum of 250 linear feet within WOTUS.
• GP-7: Minor road crossings over wetlands are individually limited to impacts of 0.1 acres or less and
all other road crossings associated with a project are limited to a cumulative wetland impact of 0.25
acres.
• GP-11: Any work associated with: 1) a USACE Civil Works Project; 2) work on USACE Property; or 3)
areas which are a part of USACE Rehabilitation and Inspection Program shall be forwarded to the
USACE as a Reporting Activity.
Non-reporting activities that do not need to be published in the Pennsylvania Bulletin will be reviewed by
PADEP in accordance with their review procedures and the PASPGP-5 procedures. PADEP will attach
verification of the applicability of the PASPGP-5 to the State authorization and will provide a copy of the
permit documents to the applicable USACE district. Non-reporting activities that require public notice in
the Pennsylvania Bulletin (typically those permitted under Waiver 11, Waiver 16, or as a Standard or Small
Projects Joint Permit), will be published in the Pennsylvania Bulletin and the USACE will review the
Pennsylvania Bulletin to determine the need for review. If the USACE requests that the project be reviewed
as a reporting activity, PADEP will forward the application to the appropriate USACE district for review.
Rev. (11-18) 23
Non-reporting activities that are waived from Chapter 105 permitting requirements in 25 Pa. Code §105.12
and are non-reporting activities under PASPGP-5 can be considered authorized by PASPGP-5. A separate
submission to the USACE is required only if the project does not meet the criteria for non-reporting activities.
Emergency Permits
An emergency condition exists when the safety of the structure is threatened and action is necessary to
protect life, property, or the environment from that structure’s failure or if a structure on a necessary route
for emergency vehicles must be closed. For emergency conditions, the Bridge Maintenance Coordinator or
District Permits Coordinator should verbally contact PADEP immediately to request an Emergency Permit.
Pennsylvania Natural Diversity Inventory (PNDI) search results are not

needed to request an emergency permit from PADEP; however, a PNDI
search and clearances must be obtained as soon as practical after the
An emergency condition
emergency permit is approved. In-stream work restrictions, such as in

exists when the safety of
trout streams, do not apply when working under an Emergency Permit.
the structure is threatened
Erosion & Sediment (E&S) BMPs must be used at all times and if the earth
and action is necessary to
disturbance area is greater than or equal to 5,000 square feet, a written
protect life, property, or
the environment from that E&S plan must be kept on-site. Emergency permits may contain a special
structure’s failure. condition requiring that the appropriate after-the-fact permit be applied
for within a certain timeframe.
PADEP will typically attach the USACE approval along with the Emergency Permit through the use of
PASPGP-5. If PADEP does not issue the USACE approval, coordination with the USACE will be required
before emergency work can begin. For natural disasters and extreme flooding events, such as devastating
hurricanes, the USACE may issue a Public Notice which provides a streamlined approval process for
emergency work related to that storm. If such a Public Notice is issued, the procedures described in the
Public Notice should be followed to obtain USACE approval.
Maintenance activities involving channel cleaning that are consistent with a previously issued PADEP permit
(typically those issued after July 1, 1979) and the PADEP Standards for Channel Cleaning at Bridges and
Culverts (Appendix E) or involve maintenance of an existing bridge, culvert, or stream enclosure with a
drainage area less than five square miles qualify for a Waiver Letter of Maintenance and are considered a
non-reporting activity under PASPGP-5. In those cases, a permit from PADEP or the USACE is not required.
Nationwide Permits (NWP)

The NWP program, authorized under Section 404(e) of the CWA, gives the USACE a mechanism to issue
federal authorization to projects based on the proposed activity. Most activities can be authorized through
the PASPGP process. The NWP program is used when the PASPGP process is not applicable and provides a
process to authorize activities with minimal environmental impact.
Two categories of activities exist within the NWP program: those that require a Pre-Construction Notification
(PCN) and those that do not. Some activities meet the criteria of an authorized NWP and do not require the
submittal of a PCN to the USACE. If a project does require a PCN, then coordination should be conducted
with USACE. A PCN submittal typically includes the same documentation that would be submitted with a
GP or JPA and any other supplemental information as required by USACE.
Activities that require a PCN would be those that do not meet the criteria established for the specific NWP
without a review of the proposed project by the USACE. For this category of activity, a PCN would need to be
submitted to the appropriate USACE district office. In addition to the PCN coordination with the USACE, the
following commenting agencies need to be contacted regarding their area of jurisdiction.
1. The USFWS, PFBC, PGC, DCNR, and the National Marine Fisheries Service in Coastal Zone
Management areas regarding the presence of rare, threatened, or endangered species or habitat near
24 Rev. (11-18)
the project. A search of the Pennsylvania Natural Heritage Program’s Conservation Explorer database
will determine if habitat or species of concern are near the project area.
2. The PHMC/SHPO regarding the presence of cultural resources potentially affected by the project.
There are 52 NWPs authorized for use in Pennsylvania. Only a small portion of these are applicable to
transportation projects across the state. Below is a list of the most commonly used permits and a brief
description for each:
1. NWP-3 – Authorizes the repair, rehabilitation, or replacement of any previously authorized, currently
serviceable structure and the removal of accumulated sediment and debris near the existing structure.
2. NWP-13 – Authorizes streambank stabilization for erosion prevention.
3. NWP-14 – Authorizes activities for the construction, expansion, modification, or improvement of

transportation projects in WOTUS.
4. NWP-15 – Authorizes the discharge of dredged or fill material incidental to the construction of a
bridge across navigable WOTUS that has been authorized by the USCG under Section 9 of the RHA.
5. NWP-25 – Authorizes discharges of material such as concrete, sand, rock, etc., into tightly sealed
forms or cells where the material will be used as a structural support member for standard pile
supported structures.
6. NWP-33 – Authorizes temporary structures, work, and discharges, including cofferdams, in WOTUS
necessary for construction activities, provided that the primary activity has been authorized by the
USACE or the USCG.
For a full list of NWPs and additional information on each permit, please refer to the USACE website at:
http://www. usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Nationwide-Permits/ or
33 CFR Part 330.
In addition, certain NWPs are suspended in Pennsylvania or only applicable in specific situations, and there
are regional conditions associated with each NWP that are specific to Pennsylvania. For further details
regarding the regional conditions and suspensions, refer to the USACE website at:
http://www.nab.usace.army.mil/Missions/Regulatory/Public-Notices/Public-Notice-
View/Article/1124623/spn17-14-final-regional-conditions-and-suspensions-for-the-2017-nationwide-perm/.
Individual USACE Permits

Individual Permits are required when an activity does not qualify for authorization under a PASPGP or NWP.
Examples of projects that would require an Individual Permit would be those with more than what is
considered a minimal environmental impact, those with the potential to impact -T&E species, or a project that
would potentially impact a cultural resource.
The Individual Permit process includes three steps: pre-application consultation (for larger projects), permit
submittal, and decision making. The pre-application consultation is primarily reserved for larger projects but
is available to all activities applying for coverage under a USACE permit. The consultation is designed to
discuss the potential impacts and explore alternatives to minimize the environmental impact. The discussions
would include USACE personnel, the applicant, resource agencies, and, in certain cases, the public.
The permit submittal step includes the formal submission of the permit application to the USACE. During this
step, the package is reviewed for administrative and technical completeness and accuracy. Also, if necessary,
public notices are issued followed by a 15 to 30-day public comment period. A copy of the permit drawings
and project description are sent to the adjacent property owners, the applicant, and their consultant.
Rev. (11-18) 25
The third, and final step, includes the USACE decision to authorize or deny the permit application. The Corps
strives to issue its permit within 120 days from the date the application is complete, but processing time
depends on the complexity and scope of the project. Larger, more complex, or controversial projects will
extend the processing timeframe.
RHA Section 10
Section 10 of the RHA requires authorization for construction of any structure in or over a navigable WOTUS.
Furthermore, any activity adjacent to a navigable WOTUS that has the potential to affect the current, location,
or condition of the waterbody must receive authorization for the activity prior to commencing work.
Navigable WOTUS are those that are subject to the ebb and flow of the tide shoreward to the mean high water
mark and/or waters that are presently used, have been used in the past, or may be used to transport interstate
or foreign commerce. Navigable WOTUS are not necessarily the same as state navigable waters.
The Section 10 permit program is managed by the same USACE Districts as the Section 404 permits. Section 10
and Section 404 permits are typically issued concurrently. The USACE coordinates Section 10 permits with the
USCG. A map and list of the navigable waters that would require a Section 10 permit can be found in
Appendix D.
RHA Section 9 Bridge Permit (USCG)

Section 9 of the RHA and the General Bridge Act of 1946 requires any bridge or causeway across a navigable
WOTUS to be authorized by a Section 9 Bridge Permit. This includes any temporary bridges for construction
access or vehicle detours. Section 9 Bridge Permits are administered by the USCG. Coordination with the
USCG will be required to determine if a WOTUS is navigable under Section 9.
Notice to Navigation
When a Section 9 Bridge Permit or Section 10 Permit is issued, the USCG issues a notice to navigation. A
notice to navigation gives information regarding the project such as location and clearances to vessels using
the waterway for navigational purposes.
Submerged Lands License Agreements

PADEP is charged with administering the Submerged Lands License Agreement (SLLA) program. This
program sets out a system for obtaining licenses to occupy submerged lands of the Commonwealth; a
yearly fee is associated with the license. Streambeds of navigable waterways are publicly owned by the
Commonwealth and are thus considered submerged lands of the Commonwealth. PennDOT projects that
cross or affect submerged lands of the Commonwealth do not need an SLLA. Locally-sponsored projects
would need an SLLA, but the fee would not be required. Privately-owned utilities associated with PennDOT
projects (e.g. a utility line attached to a state-owned bridge) would need an SLLA, and the utility company
would pay the yearly fee.
PADEP uses three lists in administering the SLLA program (Appendix G). One is the list of Public Highway
Declaration Acts prepared by Frederick J. Geiger. This list is simplified from the original and lists the streams
by county. Caution is given that the locations provided in the laws may be vague and municipal boundaries
may have changed since enactment. The second is a list of streams declared navigable by the USACE.
The third list is entitled “Stream Beds Owned by the Commonwealth.” It is commonly referred to as the
Oberdorfer list because it was compiled by Wilson Oberdorfer, former Bureau Director for the then-
Department of Environmental Resource’s Legal Services.
26 Rev. (11-18)
CHAPTER 5: Earth Disturbance Permits
Permit for Stormwater Discharges Associated with Construction

An NPDES Permit is required for a project in which the total project earth
disturbance area is greater than or equal to one acre, either alone or as part
of a larger phased project. In Pennsylvania, the NPDES permit program is
An NPDES Permit is
delegated to and administered by PADEP. PADEP works in conjunction

required for a project in
with most of the CCDs to manage the NPDES program. PADEP and CCDs
which the total project
jointly regulate construction activities utilizing existing state regulations
earth disturbance area is
concerning erosion control and NPDES permits to implement the federal
greater than or equal to
one acre. requirements. Chapter 92a provides the baseline regulatory requirements
for PADEP’s implementation of the federal NPDES program. Chapter 102
are the regulations specific to NPDES permits for construction activities. The major components of an NPDES
Permit Application include an E&S Pollution Control Plan, PNDI search, Post Construction Stormwater
Management (PCSM) Plan, Thermal Impact Analysis, and an Antidegradation Analysis.
PADEP issues two types of NPDES permits for Stormwater Discharges Associated with Construction
Activities: a General Permit (PAG-02) and an Individual Permit. Copies of the NPDES permit application
forms, instructions, and other related documents are available through PADEP's eLibrary website.
• General Permit – The General NPDES Permit for Stormwater Discharges Associated with
Construction Activities (PAG-02) provides a simplified process to meet both the federal and state
requirements. Construction activities that are not eligible for coverage under PAG-02 include, but are
not limited to, earth disturbance activities located in special protection watersheds (i.e., high quality
and exceptional value streams and exceptional value wetlands), or earth disturbance that may affect
existing water quality standards or T&E species and their habitat, or have the potential for hazardous
or toxic discharges.
• Individual Permit - Construction activities which are not eligible for coverage under PAG-02 must
use the Individual NPDES Permit Application for Stormwater Discharges Associated with
Construction Activities.
Chapter 102 exempts road maintenance activities (RMAs) from NPDES permit requirements. A project, or
portions of a project, that meet the criteria for road maintenance are not counted towards the earth disturbance
threshold for an NPDES permit. Refer to Pub 584, Chapter 12, Appendix E for further guidance on Chapter 102
requirements for road maintenance activities. In addition, disturbances within the 100-year floodplain do not
count towards the threshold when a USACE Section 404 permit is required. Runoff from disturbed areas
within the 100-year floodplain must drain towards the stream that is the subject of the Section 404 permit.
When a Section 404 permit is not required, non-RMA earth disturbances located within the 100-year floodplain
should be counted toward the NPDES permit threshold. Additional guidance for determining the amount of
earth disturbance that counts toward the earth disturbance permit threshold is included in Section III - Permit
Determination Process.
Erosion and Sediment Control Permit

A project proposing 25 acres (10 hectares) or more of RMA earth
disturbance is required to obtain an E&S Pollution Control Permit
A project proposing 25 acres
for Discharges Associated with Earth Disturbance Activities. The
(10 hectares) or more of RMA
permitting process and requirements are similar to the NPDES Permit.
earth disturbance is required
The major components of an E&S Permit Application include an E&S to obtain an E&S Pollution
Plan, PNDI Search, PCSM Plan, Thermal Impact Analysis, and an Control Permit for Discharges
Antidegradation Analysis. A project requiring an NPDES Permit with Associated with Earth
25 acres or more of road maintenance activities is not required to get
a separate E&S Permit.
Disturbance Activities.
Rev. (11-18) 27
PennDOT has developed guidance on Chapter 102 RMAs with PADEP’s cooperation that details which
activities are considered road maintenance for permitting purposes. This guidance is included in Appendix E
of Chapter 12 of PUB 584 (Drainage Manual). Copies of the E&S Permit Application forms, instructions, and
other related documents are available through PADEP's website.
Act 167 – Stormwater Management Plans

PennDOT projects must be designed consistent with Act 167 of 1978 Stormwater Management Plans that have
been approved by PADEP. The Pennsylvania Stormwater Act (Act 167) instituted a comprehensive program
of stormwater planning and management on a watershed level. The Act requires PA counties to prepare and
adopt Stormwater Management Plans (SMPs) for each watershed located in the county, as designated by
PADEP. SMPs were developed strictly on a watershed basis until around 2010, when PADEP promoted efforts
to develop countywide SMPs, which also incorporate existing watershed-based plans.
The plans are to be prepared in consultation with municipalities located in the county, working through a Plan
Advisory Committee. The plans are intended to provide stormwater standards and criteria throughout the
county for the control of stormwater runoff. PADEP also stresses the opportunity for municipalities to retrofit
existing sites to improve existing water quality impairments or existing problem area flooding sources. The
plan’s goals and objectives are developed and implemented to be consistent with the antidegradation criteria
of the Pennsylvania Clean Streams Law and the federal NPDES Phase II requirements.
While PennDOT must design its projects to be consistent with the stormwater standards in Act 167 Plans
approved by PADEP and implemented under the Storm Water Management Act, PennDOT is not required to
comply with individual local ordinances, including ordinances adopted under an Act 167 plan. PennDOT
does, however, strive to maintain good relations with local municipalities and, at PennDOT's discretion, may
design the project to be consistent with local ordinances when feasible and practicable. Municipal stormwater
ordinances should not be used to design stormwater facilities on a project unless specifically directed by the
PennDOT project manager. Moreover, PennDOT should not apply for any stormwater permit approvals
included in local ordinances.
The approved Act 167 SMP should be obtained early in design to determine the specific discharge standards
that apply to the project. Consistency with an Act 167 SMP does not necessarily mean that the antidegradation
requirements for an NPDES permit have been satisfied. From 1980 to 2003, Act 167 SMPs focused on
controlling the peak rate of discharge to protect downstream persons and property. Act 167 SMPs developed
since 2003 have targeted a broader range of stormwater runoff issues related to development including:
minimizing increases in runoff volume, controlling peak discharge rates, maintaining groundwater recharge,
and protecting water quality. The former addresses one component of antidegradation and PCSM, while the
latter addresses most of the issues. Volume control and water quality requirements of PennDOT’s
Antidegradation and Post-Construction Stormwater Management Policy will usually govern because the
majority of existing plans do not include volume and water quality standards. On the other hand, the peak
discharge standards in an Act 167 SMP may be more restrictive and would thereby dictate the PCSM
requirements. In any case, the more restrictive requirements between PennDOT’s Antidegradation and
Post-Construction Stormwater Management Policy and the PADEP-approved Act 167 SMP should govern
the design of PCSM for PennDOT projects.
Some of the Act 167 Plans that were developed after May of 2010 include specific language regarding the
applicability of the SMP to public roadway projects. The language, which is summarized below, was mutually
agreed upon by PennDOT, the Pennsylvania Turnpike Commission (PTC), and PADEP. When this language
is included in an approved Act 167 SMP, consistency with the approved plan is achieved by adhering to
PennDOT’s Antidegradation and Post-Construction Stormwater Management Policy.
For purposes of Act 167 Stormwater Management Plans, design policy pertaining to stormwater management
facilities for PennDOT and PTC roadways and associated facilities are provided in Sections 13.7 (Antidegradation
and Post Construction Stormwater Management Policy) of PennDOT Publication No. 13M, Design Manual Part
2 (August 2009), as developed, updated, and amended in consultation with PADEP. As stated in DM-2.13.7.D
(Act 167 and Municipal Ordinances), PennDOT and PTC roadways and associated facilities shall be consistent
with Act 167 Plans. DM-2.13.7.B (Policy on Antidegradation and Post Construction Stormwater Management)
28 Rev. (11-18)
was developed as a cooperative effort between PennDOT and PADEP. DM-2.13.7.C (Project Categories) discusses
the anticipated impact on the quality, volume, and rate of stormwater runoff.
Where standards in Act 167 Plans are impracticable, PennDOT or PTC may request assistance from PADEP, in
consultation with the county, to develop an alternative strategy for meeting state water quality requirements and
the goals and objectives of the Act 167 Plans.
For purposes of this Act 167 Plan, road maintenance activities are regulated under 25 Pa Code Chapter 102.
Small Municipal Separate Storm Sewer System (MS4)

PennDOT is required to obtain an NPDES permit as a state entity that designs, builds and maintains
stormwater conveyance systems in support of transportation systems. The focus of the permit is Municipal
Separate Storm Sewer Systems (MS4s) within urbanized areas that discharge to WOTUS. An MS4 is not a
combined sewer (sewage and stormwater) or part of a publicly owned treatment works (sewage treatment
plant).
PennDOT’s MS4 covers “conveyance systems owned and/or operated by PennDOT which are designated or
used for collecting or conveying stormwater associated with PennDOT roads, highways, bridges and related
structures.” This includes stormwater control measures which are legally considered appurtenances to
PennDOT’s conveyance or drainage systems and vehicle maintenance and operation facilities (e.g. stockpiles,
county maintenance facilities, etc.).
The permit is administered by PennDOT’s Bureau of Maintenance and Operations. PennDOT’s MS4 Permit
does not require additional permits or approvals for individual projects located in urbanized areas.
Requirements of the permit are incorporated into PennDOT’s policies and standards and addressed at a
program level.
PennDOT’s MS4 Permit includes six minimum control measures (MCMs) that require policies and practices to
be implemented in order to satisfy them.
• MCM #1: Public education and outreach on stormwater Impacts
• MCM #2: Public involvement/participation
• MCM #3: Illicit discharge detection and elimination
• MCM #4: Construction site stormwater runoff control
• MCM #5: PCSM in new and re-development activities
• MCM #6: Pollution prevention/good housekeeping for municipal operations
Act 162 – Riparian Buffers

Act 162 amended the Pennsylvania Clean Streams Law to establish methods that can be used to meet riparian
buffer requirements for NPDES Permits for Stormwater Discharges Associated with Construction Activities.
The Act was signed into law on October 22, 2014 and was effective for implementation on December 21, 2014.
Chapter 102 also includes regulatory requirements for riparian buffers. When read together, Chapter 102 and
Act 162 provide the regulatory framework for riparian buffer requirements associated with NPDES
construction stormwater permits. It is important to note that Act 162 allows for alternatives to demonstrate
regulatory compliance related to riparian buffer impacts, but it does not modify the requirements of Chapter
102 for riparian buffers.
A riparian buffer is an area of permanent vegetation along a surface water. A forested riparian buffer is a
specialized type of riparian buffer consisting of permanent vegetation that is predominately native trees and
shrubs that provide at least 60 percent uniform canopy cover. For the purposes of this manual, the term
riparian buffer is used in a general context to describe any type of riparian buffer.
Rev. (11-18) 29
PennDOT projects frequently involve stream crossings that result in earth disturbance within riparian buffers;
however, the scope of projects subject to the riparian buffer regulatory requirements of Act 162 and Chapter
102 is relatively limited. The underlying Chapter 102 requirements related to riparian buffers are mandatory
only for projects that discharge to surface waters with a special protection (i.e., high quality or exceptional
value) designated use. All NDPES permitted projects that discharge to special protection waters must obtain
an individual NPDES construction stormwater permit. Therefore, riparian buffer requirements only apply to
projects requiring an individual NPDES construction stormwater permit with earth disturbance activities
within 150 feet of a river, stream, creek, lake, pond, or reservoir with a special protection designated use.
General NPDES stormwater construction permits and E&S control permits for road maintenance activities
and timber harvesting are not covered by Act 162. Additionally, stream crossings that are subject to Section
404 permits would be excluded from the Act 162 buffer requirements because that area would be included in
the NPDES disturbance area.
When a project is subject to riparian buffer requirements, Act 162 ensures that consistency with regulatory
requirements can be achieved through an equivalency demonstration and/or offsetting. An equivalency
demonstration can be achieved by implementing proposed BMPs that are functionally equivalent to a riparian
buffer. Offsetting requires the construction of a replacement riparian buffer. Equivalency and offsetting
requirements are based on the proximity of the earth disturbance to the receiving surface water. If the limits
of the earth disturbance will occur between 100 and 150 feet from the top of bank of the receiving surface
water, then only the demonstration of equivalency must be completed as part of the NPDES permit
application. If the disturbance will occur within 100 feet, both the demonstration of equivalency and
offsetting must be completed as part of the NPDES permit application.
PADEP has published guidance that outlines procedures for meeting the requirements of Act 162. The
primary resources for this guidance are PADEP Document 310-2135-002: Riparian Buffer or Riparian Forest
Buffer Equivalency Demonstration and Document 310-2135-003: Riparian Buffer or Riparian Forest Buffer
Offsetting. These documents include specific guidance, procedures, and standard worksheets that can be used
to demonstrate compliance with riparian buffer regulatory requirements.
Phased Projects
Larger projects may have several phases over the course of several years and are generally planned and
programmed in this fashion. When this situation occurs, it is important to consider the overall level of earth
disturbance and impacts and identify the appropriate type of earth disturbance permit for each phase as well
as the overall project. PADEP’s Permit Guidelines For Phased NPDES Stormwater Discharges Associated
with Construction Activity Permits, Chapter 102 Erosion and Sediment Control Permits, and Chapter 105
Waterway Restoration Project Permits document offers guidance regarding phased projects.
30 Rev. (11-18)
Rev. (11-18) 31
Section III - Permit Determination Process PUB 783 - Environmental Permitting Handbook
SECTION III - Permit Determination Process

The permit determination process outlined in this section provides information needed to determine which
specific waterway and/or earth disturbance permit(s) may be required for an activity. Familiarizing yourself
with the permitting examples is a good place to start. The included flowcharts are also helpful tools to
organize the layers of detail that must be considered.
32 Rev. (11-18)
PUB 783 - Environmental Permitting Handbook Section III - Permit Determination Process
CHAPTER 6: Which Permits Do I Need?
Chapter 105/106 Waterway Permits
The first step in determining the waterways permitting requirements for any project is to verify that a
waterways permit is required. Chapter 3, Activities Subject to Permitting describes activities that are subject
to environmental permitting requirements.
The Waterways Permitting Flowchart (below) and permit scenario sketches (Appendix H) have been
developed to assist personnel in determining the permitting level required for various regulated activities
involving waterways. The flowchart includes paths for both state and federal waterway permit levels. It
should be noted that the reviewing agencies have the discretion to require a different permit type on a case-
by-case basis if it is determined that the project poses a substantial risk to life, property, or the environment
or would not be adequately regulated by an otherwise applicable permit type. Therefore, early coordination
in the form of a pre-application meeting with the reviewing agencies is highly encouraged.
Early coordination in the form of a pre-application meeting with the reviewing agencies is
highly encouraged.
For projects that could be authorized by PADEP and qualify as non-reporting activities under the PASPGP-5,
all application or registration documents should be submitted to PADEP. Submissions typically occur through
the Keystone Environmental ePermitting System (KEES). For further details regarding the submission process,
refer to Chapter 10: Permit Submittal Process. PADEP can issue both the state and federal authorization. If the
project requires a PADEP permit and is a reporting activity or does not qualify for the PASPGP-5, all
application documents should still be submitted to PADEP. PADEP will forward the documents to the USACE
for review and the USACE will issue the federal authorization.
If the project qualifies for a waiver of Chapter 105 requirements, separate federal authorization from the
USACE may be required. Projects that qualify for a waiver of Chapter 105 permitting requirements, but
require approval of an EA can be submitted to PADEP. PADEP will issue the PASPGP-5 authorization or
forward documentation to the USACE if the project is a reporting PASPGP-5 activity. Activities that qualify
for a PADEP waiver and are considered non-reporting activities under PASPGP-5 can be considered
authorized under PASPGP-5 and do not require an application to PADEP or the USACE. If a project does
not need a Chapter 105 permit, but is reporting or ineligible under PASPGP-5, an application for federal
authorization should be submitted to the USACE.
Large projects that will be permitted in stages or phases can be submitted in phases with detailed drawings
and plans for the current phase and more general information for subsequent planned phases of the project.
Detailed design information and drawings can then be submitted for subsequent phases of the project. Note
that each phase should be a single and complete project as described in Section II, Chapter 4, PASPGP-5.
Again, a pre-application meeting is highly encouraged for phased projects to ensure the reviewing agencies
understand and agree with the phased permitting approach.
Rev. (11-18) 33
Figure 3: Waterways Permitting Flowchart
Page 1 of 7
34 Rev. (11-18)
Page 2 of 7
Rev. (11-18) 35
Page 3 of 7
36 Rev. (11-18)
Page 4 of 7
Rev. (11-18) 37
Page 5 of 7
38 Rev. (11-18)
Page 6 of 7
Rev. (11-18) 39
Page 7 of 7
40 Rev. (11-18)
Waterway Permitting Examples

Example 1: Minor maintenance activities have been
proposed for the structurally deficient stone arch bridge
over Saucon Creek in Lehigh County, PA, shown in
Figure 4. Minimal approach roadway work is expected
and an adjacent stormwater outfall will be relocated from
upstream of the bridge to downstream of the bridge.
There are no wetlands or other environmentally sensitive
areas in the project site. The project is adjacent to the
Coopersburg historic district, but the bridge itself is not
historic and therefore is not individually eligible and not
a contributing element to the historic district. The
drainage area to the site is 1.2 square miles. Figure 4: Stone Arch Bridge over Saucon Creek
This project involves placement of a water obstruction and will, therefore, need a Chapter 105 permit. The
drainage area exceeds the 100-acre limit for Waiver 2 and the project does not qualify for any other PADEP
waivers. Because the proposed work at the bridge is limited to maintenance activities and will not involve any
sensitive environmental resources, an E39-9999 permit is appropriate for the bridge work. A GP-4 permit
application will also be required for the relocation of the stormwater outfall. The potential for impacts to
historic areas makes this project a reporting activity under PASPGP-5. The E39-9999 and GP-4 permits for this
project would be submitted to PADEP and the relevant information would be forwarded to the USACE for
their review. In this situation, a pre-application meeting would be strongly recommended to ensure that the
permit application includes all information needed for the three permit types. If this project had included
potential impacts to sensitive environmental resources, such as T&E species or cultural or historic resources,
the permit could have been elevated to a higher level permit type to allow PADEP to apply special conditions
to the permit authorization.
Figure 5: Millfair Road
Example 2: Improvements are proposed along Millfair Road in Erie County, PA to address traffic and safety
needs. This project involves widening and construction of a new bridge as indicated in Figure 5 to eliminate
the at-grade railroad crossings. The area surrounding the railroads is largely composed of a 75-acre,
interconnected wetland system. Impacts to the adjacent wetland areas are unavoidable and the project
will permanently impact 0.91 acres of the wetland system. The wetland impacts will be mitigated off-site in
the Lake Erie Basin. There are no hits on the PNDI search and no other sensitive environmental areas are
in the project site. Because the project will involve significant wetland impacts requiring mitigation, a
pre-application meeting with the reviewing agencies is recommended.
Rev. (11-18) 41
The project involves an encroachment on wetlands and will, therefore, need a Chapter 105 permit. The project
involves construction of a new water obstruction, and wetland impacts at this project are too large to be
authorized under a waiver, maintenance, or GP. A Standard JP would be required for this project. The project
involves less than one acre of wetland impacts and does not meet any of the other criteria for ineligible
activities in the PASPGP-5; therefore, the project is eligible for a PASPGP 5 authorization. The project does,
however, exceed the 0.5-acre threshold for impacts to wetlands and waters and will be considered a reporting
activity. The permit application documents will be submitted to PADEP and will be forwarded by PADEP to
the USACE for a separate review. The Standard JP authorization will be issued by PADEP, and the PASPGP-5
authorization will be issued by the USACE.
Figure 6: Marsh Creek Bridge
Example 3: The bridge over Marsh Creek is structurally deficient and will be replaced with a single span
concrete tee-beam bridge in the same location. The waterway opening will be slightly increased from the
existing condition. A temporary roadway will be constructed to carry traffic around the project site. There
are no environmentally sensitive areas at the project site. The proposed project will result in 0.007 acres of
permanent wetland impacts and less than one-acre of total impacts to waters. The stream is not listed as
stocked, Class A, or as a wild trout stream.
This project will involve the full replacement of the structure, so it will not qualify for any waivers or the
EXX-9999 authorization. Because the proposed structure will be in the same location and permanent wetland
impacts are small, the project can be permitted under a GP-11 with the temporary roadway considered as an
appurtenant structure to the GP-11. A GP-8 was not required for pier removal because access to the pier was
proposed under the span over land. If the project involved bridge widening greater than 12 feet on either side,
significant changes in the roadway profile, or increases to the 100-year water surface elevations, a GP-11
permit may not have been acceptable and a Standard JPA would have been required.
Earth Disturbance Permits

The type of earth disturbance permit required for a construction activity is
determined primarily by the size and nature of the proposed earth disturbance
activities. Chapter 102 defines an earth disturbance activity as a construction
or other human activity which disturbs the surface of the land, including land
Determining the type
clearing and grubbing, grading, excavations, embankments, land

and size of the earth
development, agricultural plowing or tilling, operation of animal heavy use
disturbance activity is
areas, timber harvesting activities, road maintenance activities, oil and gas
critical to the permit
activities, well drilling, mineral extraction, and the moving, depositing,
determination process.
stockpiling, or storing of soil, rock or earth materials. Determining the type
42 Rev. (11-18)
and size of the earth disturbance activity is critical to the permit determination process. Certain earth
disturbance activities are exempt from certain types of permits, and different size thresholds may apply for
certain earth disturbance activities and permit types. The Earth Disturbance Determination Flowchart
provided in Figure 9 can be used to help determine the appropriate permitting mechanism for the proposed
earth disturbance activity. Typically, the E&S plan is submitted to the CCD for approval, then the E&S plan
and CCD approval letter are submitted with the NPDES permit or a waterway permit to the appropriate
agency. In some cases, the E&S plan is submitted in conjunction with the NPDES or waterway permit for
concurrent review. Reviews are performed by the CCD and/or PADEP depending on the delegation
agreement with that District. However, if an NPDES permit is not triggered by the proposed construction
activities and the project does not require a Chapter 105 waterway permit, an E&S plan is still required under
Chapter 102, but PennDOT is not required to submit the E&S plan to an outside agency for approval. Even in
these cases, a PennDOT district office may choose to submit the E&S plan for review, if desired.
Chapter 102 exempts road maintenance activities from NPDES permit requirements. A project, or portions of
a project, that meet the criteria for road maintenance are not counted towards the earth disturbance threshold
for an NPDES permit. Theonroad maintenance activity must occur within the existing road cross section for the
area to be excluded from the calculation. As depicted in Figure 7, the existing road cross-section consists of
Guidance Chapter 102 Requirements
the original graded area between the existing toes of fill slopes and tops of cut slopes on either side of the road
and any associated drainage features.
PennDOT has developed guidance on road maintenance activities as they relate to the NPDES permit program
with PADEP’s cooperation. The guidance explains the various types of maintenance activities that PennDOT
performs, defines existing road cross section for different highway configurations, and provides examples of
calculations of disturbed area (for NPDES purposes). This guidance is included in Appendix E of Chapter 12
of PUB 584 (Drainage Manual).
Existing Road Cross Section - Two Way Highway
Figure 7: Existing Roadway Cross Section Limits for RMA Determination
Earth disturbances within the 100-year floodplain do not count towards the NPDES permit earth disturbance
threshold when a USACE Section 404 permit is required. PennDOT is regulated by both Chapter 105
(floodways) and Chapter 106 (floodplains), which are issued with the Section 404 authorization. Runoff from
disturbed areas within the 100-year floodplain must drain towards the stream that is the subject of the
waterway permit. It is important to note that when a Section 404 permit is not required, non-RMA earth
Existing Road Cross Section - Divided Highway
disturbances located within the 100-year floodplain count toward the NPDES permit earth disturbance
threshold.
Rev. (11-18) 43
Bridge Scenario A – Roadway Approaches Above 100-Year Floodplain
Figure 8: Earth Disturbance Activities within the 100-Year Floodplain
For PennDOT Projects, the area of disturbance that counts toward the NPDES permit threshold should be
calculated using the equation below.
NPDES Disturbed Area = Total Area of Earth Disturbance - RMA Areas Outside of 100-Year Floodplain –
Earth Disturbance Activity Areas within the 100-Year Floodplain covered by a Chapter 105/106 Permit.
44 Rev. (11-18)
Figure 9: Earth Disturbance Permit Determination Flowchart
Rev. (11-18) 45
Coordination of Permit Submissions

Many PennDOT projects require both waterway and earth disturbance permits and approvals. Although these
are two separate application processes, there are some instances where one may affect the other, especially
with respect to the submission and review process. Although Chapter 105 states that Standard JPAs must be
accompanied by proof of an application for an Earth Disturbance Permit or an E&S plan, per the agency
coordination documented in DM-2, Chapter 10, Appendix A, PADEP has waived that requirement for the
completeness review, allowing waterway and earth disturbance permits to be reviewed concurrently by
PADEP and the CCDs. However, PADEP will not issue the waterway permit acknowledgement until
PennDOT has received E&S or NPDES approval and has forwarded a copy of the CCD E&S approval letter
or NPDES General Permit approved by the CCD to the PADEP Regional Office. Typical Earth Disturbance
Approval Requirements for Chapter 105 permit types commonly encountered on PennDOT projects are
included in Table 2.
Chapter 105 Waterway

Typical Earth Disturbance Approval Requirements
Permit Type
Waivers None – Comply with Chapter 102, implement E&S controls
Maintenance Permits/Small None – Comply with Chapter 102 (sketch plan and list of E&S BMPs is
Projects required for Maintenance Permit applications)
E&S plan must be approved by the CCD prior to or concurrent with GP

GP-3, 4, 5, 7, 8
Registration
E&S Plan must be submitted with GP Registration to PADEP Regional Office

GP-11 for review. If NPDES permit is required, E&S plan must be approved by CCD
prior to or concurrent with GP-11 Registration.
E&S plan must be approved by CCD prior to or concurrent with JP

Standard Joint Permit (JP)
Registration
Table 2: Earth Disturbance Approval Requirements
PADEP recommends coordination with the Region and/or a pre-application meeting for complex and
technically difficult projects. The goal of these meetings is to discuss the project impacts, the proposed
approach to the project, to coordinate with state/federal agencies on the permitting level required for the
project, and to discuss any sensitive issues that should be considered and documented in the permit
application. Pre-application meetings are not required; however, these meetings are often mutually beneficial
as the quality of PennDOT’s permit submission is improved and the reviewing agency staff can become
familiar with the project prior to the permit submission. The meeting should be initiated by PennDOT or
PennDOT’s consultant; generally, the USACE, CCD, PFBC, PGC, DCNR, USFWS, and/or other resource
agencies as needed are invited to attend as well. The PennDOT Drainage Manual (PUB 584) Chapter 10,
Appendix A, includes a Field Checklist for Preliminary Design Permit Coordination that was developed
jointly between PennDOT and PADEP; the use of this checklist is encouraged on PennDOT projects.
In addition to coordination of permit applications to avoid project delays, there is some overlap in the permit
application documents for both types of submissions. Some examples include:
• PNDI: A PNDI receipt is required for both the NPDES permit and nearly all waterway permit
applications. A single receipt can be used for both the waterway and NPDES permit applications.
• Municipal and County Notification: NPDES, GPs, and Standard JPAs require the applicant to notify
the municipality and county in which the project is located that a permit application or registration is
being submitted and inviting the local governments to comment on any land use planning or zoning
aspects of the project. The NPDES and waterway permit letters can be combined into a single
notification.
46 Rev. (11-18)
• Stormwater Consistency Letters: for projects that require both an NPDES and Standard JP in an Act
167 study area, stormwater consistency letters must be requested from the municipality and county
for both permit applications. For the NPDES permit application, attached to the NPDES permit
application, it is important to direct the county and municipality to return the letter to the permit
preparer rather than the PADEP regional office. Refer to the PennDOT Drainage Manual (PUB 584),
Chapter 4, Appendix C for an example consistency letter.
Rev. (11-18) 47
Section IV - Building a Permit PUB 783 - Environmental Permitting Handbook
SECTION IV - Building a Permit

To assemble a complete and technically sufficient permit, the information presented must be consistent with
the regulations and include the necessary level of detail. The information should be organized as directed in
the instructions to make the permit submission easy to review, and presented in a logical sequence to justify
the project.
CHAPTER 7: Permit Components
Waterway Permits
The table below summarizes all the typical components of a complete waterway permit for PADEP waterway
permitting types. Further descriptions of each component are included in the sections below following the
table. Additional information may be required by the permitting agencies when needed to ensure that the
project meets all applicable state and federal permitting requirements.
48 Rev. (11-18)
Table 3: Waterway Permit Requirements
Permit Type
Permit Components Maintenance GP-11 Other GPs JP Small JP Standard
Projects
Registration/Application Standard App Standard App
GP Reg Form GP Reg Form
Form Form Form
GIF  
Act 14 Act 14
Notification Letters  
Notifications Notifications
PASPGP-5 Checklist   
Cultural Resources Due diligence Due diligence Section 106 Section 106
Coordination check check completed completed
Location Map     
Color Photographs   Recommended  
Project Description     
Aquatic Resource Impact
   
Table
Plans/Drawings     
E&S Plan     
PNDI Receipt/T&E
    
Species Coordination
Modules S1, S2,
EA Form 
& S3 only
Wetland Report     
H&H Analysis If applicable If applicable If applicable
Work Schedule 
Stormwater Mgmt
If applicable
Analysis
Floodplain Mgmt
If applicable
Analysis
Risk Assessment If applicable
PE’s seal and
 GP-7 
certification
Alternative Analysis If applicable If applicable 
Mitigation Plan If applicable If applicable If applicable
Note: Follow the KEES process for electronic submissions. The below descriptions are for general
information.
Registration/Application Form: Complete the appropriate permit registration or application form. Refer to
the applicable instructions for clarification if needed
• GP Registration Form Instructions:

http://www.depgreenport.state.pa.us/elibrary/GetFolder?FolderID=4052
• JP Application Form Instructions:

http://www.depgreenport.state.pa.us/elibrary/GetFolder?FolderID=4088
Rev. (11-18) 49
GIF: Complete the General Information Form (GIF) with all required information and sign and date the last
page. The purpose of the GIF is to identify basic project information, such as contact information, project
location, facility data, project description, land use information, and the type of activity, in a clear, concise
format. This helps PADEP identify all the appropriate permits needed for a project. The form and instructions
can be downloaded from PADEP’s website at: http://www.depgreenport.state.pa.us/elibrary/GetFolder?
FolderID=4088.
Notification Letters: Notification letters to the municipality and county where the project site is located
should include the permit application type, applicant contact information, project location, and brief project
description. A copy of the GP Registration Form or GIF must be sent with the letters, and the topographic
location map is recommended. A sample letter can be found in Appendix V of the JP Application Instructions:
http://www.depgreenport.state.pa.us/elibrary/GetFolder?FolderID=4088.
PASPGP-5 Checklist: Complete the PASPGP-5 Checklist with all required information. The checklist can be
found at: http://www.depgreenport.state.pa.us/elibrary/GetFolder?FolderID=4057. The checklist is no longer
required by PADEP, but it is strongly recommended. Therefore, it is still required for permit submittals in
KEES.
Cultural Resources Coordination: For GPs, ensure the project meets permitting requirements regarding
cultural and historic resources. For JPs, a Cultural Resource Notice is typically submitted to the PHMC/SHPO;
however, this requirement is often met with letters obtained as part of NEPA clearance. PHMC/SHPO
consultation is required for JPs.
Location Map: Prepare a topographic map showing the United States Geological Survey quadrangle with the
project location depicted and labeled, including coordinates.
Color Photographs: Color photographs of the project site with dates and descriptions are required for GP-3,
GP-11, JPs, and are recommended for all permits. Include photographs of all stream and wetland impact
locations.
Project Description: Prepare a clear, concise, and complete project description. This should include a
description of the proposed work, including proposed impacts to waters and wetlands. Summarize any
applicable agency coordination; if the PNDI receipt includes avoidance measures, include those in the
description.
Plans/Drawings: Prepare drawings or plans of proposed activities. Show all impacts to streams, floodways,
and wetlands. Use a unique identifier for each impact that matches the aquatic resource impact table.
Calculate impacts and list all impacts on the aquatic resource impact table supplied by PADEP. For JPAs,
plans must conform to the requirements in the JP Application Form Instructions, Section III.h.
Aquatic Resource Impact Table: Complete the table with impact length and width measurements. Project
impacts should be reported accurately to make the source, type, and extent of a proposed impact clear to the
permit reviewer. The Aquatic Resource Impact Table that is included with all permit submissions provides a
way to standardize the impact reporting format. Impacts must be reported by activity (e.g., bridge and
temporary road crossing), affected resource (e.g., wetland, watercourse, or floodway), size (e.g., length and
width), and type (permanent or temporary). The Aquatic Resource Impact Table is organized to report
information to meet both PADEP (Chapter 105) and USACE (Section 404) requirements. These two agencies
differ in whether an impact is considered temporary or permanent, primarily in relation to utility lines. A
subsurface utility line under a stream or wetland is considered a temporary impact by the USACE because
there is no permanent structure above ground. PADEP, however, regulates structures that cross over, under,
or through a resource and considers the footprint of a buried utility line to be a permanent impact.
The Aquatic Resource Impact Table is a convenient way for the agency reviewers to have all the information
in one document, but it is important to make sure proposed impacts are reported correctly. Multiple rows may
be required to report the various types of impacts to a single resource. For example, a bridge replacement
project involving cofferdams and a temporary road crossing would require three separate rows to report
impacts for the replacement bridge, the cofferdams, and the temporary road crossing. Similarly, separate rows
50 Rev. (11-18)
PUB 783 - Environmental Permitting Handbook Section IV - Building a Permit
in the table would be required to report different activities that may be associated with a wetland crossing,
such as permanent fill placement and temporary road crossings. Well-organized information in the Aquatic
Resource Impact Table provides a clear summary of project impacts to agency reviewers, and minimizes
delays in the permit review process. Refer to the applicable instructions for further clarification if needed:
http://www.depgreenport.state.pa.us/elibrary/GetFolder?FolderID=4061. For additional instructions,
examples, and diagrams regarding calculating the linear footage of stream impacts, refer to the PASPGP-5
(http://www.nap.USACE.army.mil/Portals/39/docs/regulatory/spgp/Final_PASPGP_5-19-Apr-2016.pdf).
E&S Plan: Make sure notes and drawings are consistent with information in the project plans. Include the
approval letter from the appropriate CCD for Maintenance Permits, other GPs, and standard JPs. E&S
pollution control plans are reviewed and approved by PADEP for GP-11s. Per the agency coordination
included in DM-2, Chapter 10, Appendix A, PADEP has waived the E&S approval requirement for
completeness review, which allows waterway and earth disturbance permits to be reviewed concurrently.
PADEP will not issue the waterway permit until E&S or NPDES (when applicable) approval has been
received.
PNDI Receipt/T&E Species Coordination: Perform a PNDI online environmental review on the Pennsylvania
Natural Heritage Program’s Conservation Explorer website (https://conservationexplorer.dcnr.pa.gov/).
Ensure the project contact information and certification sections of the PNDI receipt are completed, which
includes the applicant/project proponent signature. If potential impacts are indicated on the receipt,
coordination must be conducted with the appropriate agency(ies) and clearance must be obtained before a
permit would be approved. A list of required documents that should be sent to the applicable agency(ies) will
be on the PNDI receipt. If avoidance measures are listed, the applicant must agree to those measures. PNDI
receipts or agency clearances are valid for two years from the date of issuance. Make sure this clearance
window is appropriate for the project timeframe.
If there are wetlands within 300 feet of the proposed project’s limit of disturbance and the
disturbance extends beyond the existing roadway in the listed counties/watersheds, a Phase 1
bog turtle survey should be conducted
Additional bog turtle coordination may be required for projects which may impact wetlands in the following
counties: Adams, Berks, Bucks, Carbon (only Aquashicola Creek Watershed), Chester, Cumberland, Dauphin
(only Swatara Creek Watershed), Delaware, Franklin (only Antietam Creek Watershed), Lancaster, Lebanon,
Lehigh, Monroe, Montgomery, Northampton, Schuylkill (only Swatara Creek Watershed) and York. If bog
turtle coordination is required, a qualified bog turtle surveyor should conduct a Phase 1 survey and review the
project area plus a 300-foot buffer for bog turtle habitat. Generally, if there are wetlands within 300 feet of the
proposed project’s limit of disturbance and the disturbance extends beyond the existing roadway in the above-
listed counties/watersheds, a Phase 1 bog turtle survey should be conducted. The Phase 1 bog turtle habitat
survey report should be submitted to USFWS for concurrence. Additionally, if bog turtle clearance has already
been obtained for the proposed project, the USFWS clearance letter should be included.
EA Form: Complete the EA Form for JPs. Only module S1 and portions of modules S2 and S3 are required for
a Small Projects JP. Modules S1, S2, S3, and S4 are required for a Standard JPA. Module S1 includes a project
summary and is intended to present an overall summary of the project scope, certain key information
requirements, and when applicable, a comprehensive view of the overall project and related projects. Module
S2 covers resource identification and characterization and is intended to organize information related to the
identification of the resources present on the project site and to characterize those resources that may be
affected by the proposed project. Module S3 is the identification and description of potential project impacts.
This module is intended to organize and present information concerning the potential impacts or effects of the
proposed project. Module S4 includes a mitigation plan and is intended to organize and present information
concerning actions undertaken to avoid, minimize, and restore the potential impacts or effects of the proposed
project. The EA Form and instructions for completing the form can be found here:
http://www.depgreenport.state.pa.us/elibrary/GetFolder?FolderID=4048.
Rev. (11-18) 51
Wetland Report: An aquatic resource investigation including wetland delineation should be performed by
qualified wetland scientists. A wetland delineation report should be prepared, and all features should be
mapped. Refer to the Wetland Resources Handbook (Pub 325) for further details regarding wetland resource
identification, delineation, and documentation.
H&H Analysis: An H&H analysis should be performed in accordance with Chapter 10 of DM-2 – Highway
Design (PUB 13M). A separate report should be prepared and include the seal and certification statement of
the licensed PE who prepared the report, when applicable.
In general, design hydraulic studies are required for waterway obstructions and encroachments associated
with new highway (roadway and structure) construction and highway reconstruction, rehabilitation, or
improvement where the hydraulic performance may be affected. Hydraulic studies may not be required for
projects that do not affect the waterway or waterway opening. Per DM-2, Chapter 10.3.H, hydraulic
computations are also required for all pipes greater than 18-inches in diameter. Per DM-2, Chapter 10.1.A.20,
if the drainage area of the proposed project is 0.5 mi2 or more, the Department requires an H&H Report be
prepared. The general criteria for design flows are provided in PA Code 105.161(c) and are as follows:
• Rural area—25-year frequency flood flow.
• Suburban area—50-year frequency flood flow.
• Urban area—100-year frequency flood flow.
For complex projects, there may be several phases; requirements for commonly encountered phases are
included in Figure 10.
Figure 10: H&H Analysis Requirements for Commonly Encountered Project Phases
Work Schedule: The work schedule is required for Maintenance Permits and should include the roadway
name/route and segment number, the stream name, Chapter 93 designation, any in stream restrictions due to
wild or stocked trout or migratory fish, and the date work is to begin and end.
Stormwater Management Analysis and Consistency Letter: If the project is located in a watershed or a
county with a PADEP approved Act 167 SMP, an analysis of the proposed project’s compliance with the
standards in the SMP must be undertaken and reviewed by the local municipality. For most transportation
projects, this requirement is fulfilled by sending a request for SMP consistency concurrence to the county and
municipality. A sample stormwater consistency letter template (for the county and municipality to fill out and
return to the applicant) is included in Appendix 4C of PUB 584.
52 Rev. (11-18)
Floodplain Management Analysis and Consistency Letter: If the proposed water obstruction or
encroachment is located within a floodway delineated on a FEMA map, an analysis of the project’s impact on
the floodway delineation and water surface profiles may be required. For most transportation projects, this
requirement is fulfilled by sending a request for floodplain management consistency concurrence to the
municipality. A sample floodplain consistency letter template (for the municipality to fill out and return to the
applicant) is included in Appendix 4C of PUB 584.
Risk Assessment: If the stormwater and/or the floodplain management analysis was conducted and indicates
increases in peak runoff rates or flood elevations, include as a separate document a description of property
and land uses which may be affected and an analysis of the degree of increased risk to life, property and the
environment.
PE’s Seal and Certification: If the proposed water obstruction or encroachment poses a threat to human life or
substantial potential risk to property, the plans, specifications and reports accompanying such applications
shall be affixed with the seal of a registered PE and a certification, signed by the registered PE, which shall
read as follows:
"I (name) do hereby certify pursuant to the penalties of 18 Pa. C.S.A., Section 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."
Generally, documents associated with GP-7s, GP-11s, and JPs should be signed and sealed by a PE because
these permit types typically involve water obstructions, such as bridges, or encroachments, such as stream
realignments, that may be potential threats to human life or risks to property.
Alternative Analysis: Discuss alternatives to the proposed activities that were investigated to avoid or
minimize adverse environmental impacts, including a “no-build” alternative. Explain why the selected
alternative is preferred. Projects that will replace a bridge or culvert with a box culvert should conform to
the joint agency guidance provided in DM-2, Chapter 10, Appendix G.
Mitigation Plan: If the project meets the mitigation threshold, include a separate document which describes
how project planning employed mitigation concepts as defined in PADEP’s Chapter 105 Rules and
Regulations. If these impacts cannot be eliminated, then the mitigation plan must include details and plans
for replacing the affected resource. The specific replacement resources or environments must be itemized and
construction, operation, and maintenance activities must be detailed in the plan. In addition, the mitigation
plan must be consistent with the 2008 Mitigation Rule (33 CFR Part 332 Compensatory Mitigation For Losses
of Aquatic Resources). Refer to Appendix I for a list of general mitigation plan components that comply with
the 2008 Mitigation Rule.
Before a permit package is submitted to PADEP, a quality review of the package should be completed.
Refer to the QA/QC section (Chapter 8) below for further details regarding quality reviews. It is imperative to
ensure impact calculations and structure dimensions are consistent throughout all components of the permit
application, including maps and plans. Additionally, be sure the municipal and county notifications have
been sent and applicable agency clearances have been obtained.
Ensure impact calculations and structure dimensions are consistent throughout all components
of the permit application, including maps and plans.
If a project is located in more than one county and requires a JP, PADEP requires additional documentation,
including a comprehensive project EA and county specific alternatives analysis, impact analysis, and
mitigation measures for the proposed project impacts in each county. For further details regarding the
required documentation, refer to PADEP’s Comprehensive Environmental Assessment of Proposed Project
Rev. (11-18) 53
Impacts for Chapter 105 Water Obstruction and Encroachment Permit Applications.
Lastly, the aquatic resource impacts associated with the waterway permit should be verified with the impacts
reported in the approved NEPA document. If the impacts are not similar, then a NEPA re-evaluation may be
necessary. Refer to PUB 10B, Design Manual Part 1B Post-TIP NEPA Procedures for further discussion on
determining when a re-evaluation is needed.
Earth Disturbance Permits

The purpose of the E&S Plan is to identify potential erosion problems and to define effective and economic
measures to be used in conjunction with construction activities to minimize erosion and sediment pollution.
Chapter 102 requires 15 factors to be considered when developing an E&S Plan. Additional information
regarding the specific plan requirements for each factor can be found in Chapter 1 of the 2012 PADEP E&S
Manual.
• Existing Topographic Features • Plan Drawings
• Type, Depth, Slope, Location, and • Maintenance Program for BMPs

Limitations of Soils
• Procedures for Recycling and Disposal of
• Characteristics of Earth Disturbance Waste Materials
• Volume and Rate of Runoff • Identification and Management of Naturally

Occurring Geologic Formations or Soils
• Location and Chapter 93 Designation of Conditions That Have the Potential to Cause
Receiving Surface Waters Pollution
• Narrative Description of the Location • Identification and Management of Potential
and Type of BMPs Used Thermal Impacts
• Sequence of BMP Installation and Removal • Consistency with PCSM Plan
• Supporting Calculations and Measurements • Identification of Existing and Proposed
Riparian Forest Buffers
The E&S Plan includes the plan drawings and a narrative. Often the terms plan, drawing, and map are used
interchangeably. For the purposes of this handbook, the term E&S Plan refers to the overall plan, and the term
E&S Plan Drawings refers to the E&S Construction Plan Drawings.
The E&S Plan Drawings are used by a contractor to construct the proposed E&S measures. The drawings
should include topographic mapping that shows the proposed earthmoving and the BMPs that are to be used
to minimize erosion and sedimentation during construction. They should also include construction details,
sequencing, maintenance information, seeding and mulching specifications, and any other information
needed by the contractor to construct and maintain the proposed E&S control measures during construction.
The E&S narrative, which is commonly referred to as the E&S Report, includes all backup documentation
needed to substantiate the E&S Plan Drawings. It typically consists of written
narrative that is accompanied by appendices containing supporting design
calculations and figures that can be used to validate the proposed E&S
It is important to
measures. It helps the plan reviewer determine whether the proposed erosion
coordinate the E&S
and sediment controls have been designed properly. It does not provide the
design with other
contractor with information critical to implementing the plan. design disciplines to
It is important to coordinate the E&S design with other design disciplines

avoid conflicts and
early on to avoid conflicts and incorporate additional design considerations.

incorporate additional
The E&S design is most closely tied to the drainage and PCSM designs. Early,
design considerations.
54 Rev. (11-18)
frequent, and thorough coordination is required throughout the design process to ensure the E&S, PCSM, and
drainage designs function together.
In addition to the PCSM and drainage designs, it is equally important to coordinate the E&S design with other
aspects of the project. This includes, but is not limited to, roadway, traffic control, ROW, structures,
construction phasing/scheduling, and utilities. The designer needs to ensure that BMPs will be placed to avoid
potential disturbance to their integrity and function. It is also important to place BMPs as to avoid potential
construction and traffic disturbances. For example, E&S BMPs need to be coordinated with Maintenance and
Protection of Traffic (MPT) plans to ensure that earth disturbance is being adequately treated during all phases
of the project and that good traffic patterns can be maintained throughout construction. Design coordination
with ROW is needed throughout the process of the E&S design and plan development to ensure that adequate
ROW or easements are purchased to implement and maintain the proposed E&S BMPs. For additional
information related to the coordination of the E&S Plan with other aspects of the project, refer to Pub 584
(Drainage Manual), Chapter 12.3 E – Ongoing Coordination.
The successful development of an E&S Plan is based on a strong understanding of the regulations, standards,
specifications, and policies that govern the development of an E&S Plan for PennDOT projects. A list of
pertinent E&S Plan design regulations, standards, policies, specifications, and checklists is included in
Appendix J. The E&S Plan Checklists in Appendix A of the 2012 E&S Manual should be referenced
throughout the development of the E&S Plan. These checklists were developed from the plan requirements in
Chapter 102. The checklists detail the information that should be included in the plan and specify whether the
information should be in the E&S Plan Drawings or the E&S Narrative. The checklists are also a good resource
for performing internal plan reviews, prior to submitting to the review agency.
Furthermore, if a project has multiple phases, it is important to identify this upfront in the permit documents
so that it does not cause future problems when another earth disturbance permit is then submitted for the next
phase of the project.
Finally, the contractor is normally responsible for locating waste, borrow, and staging areas and obtaining the
appropriate permits and approvals. Pub 408 Section 105.14 contains the contractor specifications for borrow
and waste areas.
Post Construction Stormwater Management (PCSM) Plan

A PCSM Plan is used to identify stormwater control measures (SCMs) to be installed during construction,
which manage and treat the stormwater discharges to protect water quality after construction. The goal of the
PCSM plan is to implement PCSM measures that maximize replication of the natural hydrologic cycle, to
protect the structural integrity of the stream, and to protect and maintain existing and designated uses of
receiving surface waters. A PCSM Plan is required for all NPDES permits. If an application is submitted
without a PCSM Plan, it will be deemed incomplete. Chapter 102 requires 15 factors to be considered when
developing a PCSM Plan. Additional information regarding the specific plan requirements for each factor can
be found in the NPDES Permit.
• Existing Topographic Features • Sequence of SCM Implementation or
Installation
• Type, Depth, Slope, Location, and
Limitations of Soils • Supporting Calculations
• Characteristics of Project Site • Plan Drawings
• Net Change in the Volume and Rate • Long-Term Maintenance Program
Stormwater
• Procedures for Recycling and Disposal of
• Location and Chapter 93 Designation of Waste Materials Associated with or from
Receiving Surface Waters SCMs
• Narrative Description of the Location and • Identification and Management of Naturally
Type of SCMs Used Occurring Geologic Formations or Soils
Conditions That Have the Potential to Cause
Pollution
Rev. (11-18) 55
• Identification and Management of Potential • Additional Information Requested by

Thermal Impacts PADEP, as Necessary
• A Riparian Buffer Forest Management Plan,

when Required
A complete PCSM Plan consists of a set of plan drawings and a written narrative. The PCSM Plan Drawings
depict post-project site conditions, or those conditions that will persist long after the contractor completes final
site stabilization. Most importantly, the plan drawings highlight the SCMs that are to be implemented on the
site. The plan is essential for the contractor to construct the SCMs.
Most SCMs require periodic maintenance, and the PCSM

Plan must address long-term operation and maintenance
of the proposed SCMs. PennDOT’s policies and The long-term operation and maintenance
guidelines related to stormwater BMP maintenance are of permanent stormwater controls in a
found in Pub 888. As explained in PUB 14M Chapter 6, PCSM Plan should not be confused with
the PCSM Plan Drawings need only include a note that
references Pub 888. Specific information for each
the requirements to inspect and maintain
proposed BMP regarding inspections, routine and

temporary E&S controls in an E&S Plan.
corrective maintenance should be summarized in the

PCSM Plan Narrative.
In the past, the PCSM Plan Drawings may or may not have been used as an “Also Plan” in the construction
plan set. In some cases it was treated similar to an E&S Plan – a bid document with quantities (for tab sheets)
taken from it. If the PCSM Plan Drawings were not included as a separate plan within the construction plan
set, all information necessary for bidding and construction of SCMs was included in the Construction Plan
and/or the E&S Plan Drawings. Per revisions to PUB 14M in the summer of 2018, all future PCSM Plan
Drawings must be an official “Also Plan.”
The PCSM Narrative, which is commonly referred to as the PSCM Report, provides the agency reviewing the
NPDES permit with a summary of the stormwater management design. Additionally, the supporting design
information for the SCMs described in the NPDES permit and depicted on the PCSM Plan Drawings are
located in the report. The report typically consists of written narrative that is accompanied by appendices
containing supporting design calculations and figures that can be used to substantiate the proposed PCSM
design.
It is important to coordinate the PCSM design with other design disciplines to avoid conflicts and incorporate
additional design considerations. Coordination should start early in preliminary engineering and continue
through construction. The PCSM design is most closely tied to the drainage and E&S design, and frequent
coordination is required throughout the design process to ensure the designs are consistent and function
together. In addition, it is equally important to coordinate the PCSM design with other aspects of the project.
This includes, but is not limited to, roadway, ROW, structures, construction phasing/scheduling, and utilities.
Coordination with ROW is especially important throughout the process of the PCSM design and plan
development to ensure that adequate ROW or easements are purchased to construct and perform long-term
maintenance on the proposed BMPs. Any alterations to the proposed design have the potential to impact the
PCSM design. For example, changes to the proposed roadway design need to be closely coordinated with the
PCSM design, because altering pavement widths and/or cut and fill slopes could affect the rate and volume of
stormwater runoff that will need to be managed by the proposed SCMs.
PennDOT projects should be designed in accordance with PennDOT’s Antidegradation and Post-Construction
Stormwater Management Policy. The policy was developed with PADEP’s cooperation to ensure that
PennDOT projects are consistent with Pennsylvania’s antidegradation laws and federal NPDES requirements.
In addition to PennDOT’s Stormwater Management Policy, the successful development of a PCSM Plan
requires a strong understanding of the various regulations, standards, specifications, and policies that govern
the development of PCSM Plans for PennDOT projects. A list of pertinent PCSM regulations, standards,
policies, specifications, and checklists is included in Appendix J.
56 Rev. (11-18)
Preparedness, Prevention, and Contingency (PPC) Plan

A PPC Plan is required for any NPDES Application for Stormwater Discharge General Permits or Water
Management Permits. For projects where the potential exists for causing accidental pollution of air, land, or
water, or for causing endangerment of public health and safety through accidental release of toxic, hazardous,
or other polluting materials, the NPDES permittee or co-permittee will need to develop a PPC Plan.
The PPC Plan is most often developed by the contractor after the project is let. In these cases, a special
provision must be included in the construction bid documents and a statement needs to be provided in the
E&S Plan general notes that the contractor is responsible for providing a PPC Plan. In rare cases, Districts may
determine that for certain environmentally sensitive projects, the design consultant may prepare the PPC Plan
for the project, prior to letting for inclusion in the bid documents.
Development of the PPC Plan is to be done in accordance with Chapter 91, Sections 91.33 and 91.34. No formal
PPC Plan submission to a regulatory agency is required, nor is formal approval from an agency required.
However, a copy of the PPC Plan is to be filed in the District Project Files as well as be made available at the
job site. If it is believed an emergency or accidental spill during construction is possible, then the PPC Plan box
in PennDOT’s NPDES submission should be checked. In addition, BMPs must be located on the PPC Plan for
each identified area. PADEP has published additional information to aid in development of the PPC Plan and
can be found in PADEP’s Guidelines for the Development and Implementation of Environmental Emergency
Response Plans – Document ID: 400-2200-001.
Rev. (11-18) 57
CHAPTER 8: Quality Assurance/Quality Control

A consistent quality assurance/quality control (QA/QC) process for
creating Chapters 102 and 105 permit submissions will reduce review
times and deficiencies issued by the reviewing agency(ies), including
A quality permit submission is
the USACE, the PADEP, and CCDs. Chapter 102 and 105 permits may
essential for keeping projects
be prepared by PennDOT or by consultants. In either case, a quality
on schedule and avoiding
permit submission is essential for keeping projects on schedule and unnecessary delays.
avoiding unnecessary delays.
PennDOT’s MOU with PADEP identifies certain measures of success to ensure the performance of PennDOT
and PADEP under the MOU is as efficient as possible. Two specific goals include having at least 90 percent of
submitted permit applications be complete and at least 90 percent of submitted permit applications be
technically adequate. This QA/QC procedure is to be applied to reduce the number of deficiencies and meet
the target metrics. It is ultimately PennDOT’s responsibility to ensure quality permit submissions. The end
goal is to have a complete and technically adequate permit on the first submission.
In cases where a permit is not deemed complete or technically adequate by the reviewing agency(ies), a
deficiency will be issued. Deficiencies cannot realistically be avoided entirely, hence the target metric is set at
90 percent. Regional and reviewer differences in interpretation are factors that contribute to deficiencies. For
example, a Conservation District reviewer may request a specific stormwater BMP because the reviewer is
familiar with the area and knows which BMPs will work best given the characteristics of their district.
Furthermore, there may also be differences in interpretation between federal and state agencies. PADEP may
not have any comments, while USACE may issue a deficiency because of a difference in federal requirements.
In addition, regional discrepancies sometimes occur within PennDOT. For example, PADEP reviewers may
receive permit submissions from multiple PennDOT Districts, each with its own preferences for assembling
and organizing a permit registration or application. This can cause problems for the PADEP reviewer because
the reviewer cannot readily find specific information in each permit submission, which can ultimately lead to
deficiencies. The important thing to note is that Chapter 102 and Chapter 105 are subject to different
interpretations for a variety of reasons. To avoid deficiencies caused by differing interpretations, the
reviewing agency(ies) should be included throughout the design and permitting process, and pre-application
meetings should be scheduled prior to permit submission.
Checklists
Checklists for each aspect of Chapter 102 and Chapter 105 permits were developed. The checklists are designed
to focus on key components of a quality permit submission, rather than covering every minute detail.
The Chapter 105, Chapter 102, and Chapter 102 BMPs checklists are available in Appendices J, K, and L.
The H&H checklists are located in PUB 13M (Design Manual, Part 2, Chapter 10) and can be accessed by
clicking the link in the table below. The relevant checklists must be completed and attached to a permit
application prepared in KEES. This is required prior to submitting the permit application to PADEP.
58 Rev. (11-18)
Table 4: QAQC Checklists
Chapter 105 Waterway

H&H Chapter 102 Chapter 102 BMPs
Permit Type
Erosion & Sediment
EXX-9999* Summary Site Access
Control
GP-11 Abbreviated H&H Report General NPDES Sediment Barriers
Other GPs Full H&H Report Individual NPDES Channels
Joint Permit Hydrology Sediment Basins
HEC-RAS Sediment Traps
HY-8 Outlet Protection
Scour Other
Permit Submission Comment Summary
Comment Summary Form
Abbreviations: GP: General Permit, H&H: Hydrologic and Hydraulic, HECRAS: Hydrologic Engineering
Centers River Analysis System, NPDES: National Pollutant Discharge Elimination System, BMP: best
management practices
* Maintenance Permit Conditions can be found in Appendix E
Roles
The preparer refers to the person who prepares the permit submission. The preparer could be a consultant or
a PennDOT staff member. For example, Consulting Firm X is tasked with completing a GP-11 for a bridge
replacement project. The preparer would be an environmental/engineer staff member at Consulting Firm X.
Alternatively, the PennDOT District has decided to complete another GP-11 internally. In this case, the
preparer would be a PennDOT project manager, a member of the PennDOT environmental unit, or other
person designated to prepare and assemble a permit submission.
The reviewer refers to the person who reviews the permit package prior to submission. The reviewer is a
separate person from the preparer and should be someone with more experience with the subject matter than
the preparer or someone with the appropriate expertise. The reviewer could be a consultant and/or a
PennDOT staff member. Continuing the example provided above with Consulting Firm X, the reviewer would
be a senior environmental/engineer staff member at Consulting Firm X. Similarly, the reviewer in the second
example would be the PennDOT permit coordinator, PennDOT environmental manager, or other person
designated by PennDOT to review a permit package prior to submission.
The PennDOT Maintenance reviewer should be someone from the District Maintenance Unit who can
maintain and inspect the proposed project after construction is completed.
Rev. (11-18) 59
Process
The preparer should select and complete the applicable QA/QC checklist(s) identified above when assembling
a permit package to ensure that all required components are included. The preparer should then submit the
completed checklist(s) and the permit package(s) to the reviewer via the delivery method that is most
convenient (hard copy or electronic). It is the preparer’s responsibility to ensure a quality permit is completed.
Consultants are expected to perform their own internal QA/QC check prior to submitting the permit
package(s) to PennDOT. Furthermore, District personnel are expected to perform a quality review of the
permit package(s) prior to submission, regardless of whether the preparer was a consulting firm or PennDOT.
The reviewer (PennDOT or consultant) is responsible for reviewing the permit package(s) and ensuring that
the checklist(s) completed by the preparer has been properly utilized and all necessary items are included.
The PennDOT reviewer should use the Permit Submission Comment Summary Form, found in Appendix N,
to record deficiencies. The permit package should be returned to the preparer with the Permit Submission
Comment Summary Form, and a copy of this form should be sent to the Environmental Policy and
Development Section (EPDS). If the reviewer’s comments are significant, it may be helpful for the reviewer
to discuss the comments with the preparer either over the phone or in person.
The preparer should correct the deficiencies and indicate how and where the comments have been addressed,
then initial by each check mark on the checklist to indicate that the necessary action has been taken to resolve
the comment. The QA/QC process continues until the PennDOT reviewer has no comments on the final
permit package. The final checklist(s) documenting the absence of deficiencies should be kept in the project
file. The QA/QC process is summarized in Figure 11 below.
In addition to the above-mentioned review, it is imperative that the Maintenance Unit be involved in
reviewing the permit submission(s) to ensure that long-term maintenance and accessibility needs are met.
This is particularly important for the review of proposed stormwater BMPs. The PennDOT Maintenance
reviewer should sign the line provided in the checklist header (or type their name followed by /s/ if the
District elects to use electronic transmission only) to indicate that the permit includes the necessary
maintenance provisions. If not, the permit package should be returned to the preparer for revision.
The H&H review process and checklists outlined in PUB 13M, Chapter 10 should be followed. The PennDOT
H&H Coordinator should review and approve the H&H report prior to its inclusion with the Chapter 105
permit package. During the Chapter 105 permit package QA/QC review, the permit preparer and reviewer
should ensure that the appropriate H&H checklists are present and complete and that the information
provided in the H&H report is consistent with the information provided in the remainder of the permit
package.
In summary, it is the consultant’s responsibility to review their own permit submissions and to address any
comments from PennDOT. It is PennDOT’s responsibility to review and, if necessary, comment on each
permit document prior to submission for agency review. It is the Maintenance Unit’s responsibility to review
and, if necessary, comment on permit submissions to ensure that the proposed project is maintainable. It is
everyone’s responsibility to work together to prepare a complete and technically adequate permit submission.
It is everyone’s responsibility to work together to prepare a complete and technically adequate

permit submission.
60 Rev. (11-18)
*Within the context of this

figure, “permit” refers to the
entire permit application or
registration package.
Figure 11: Permit* Review Process Flow Chart
Rev. (11-18) 61
CHAPTER 9: Best Practices

The following items are examples of best practices regarding areas of concern that are frequently identified as
deficiencies by PennDOT, PADEP, USACE, and CCDs. It is important to consider these best practices when
preparing permit submissions.
Consistency
A. Ensure that all impact calculations and structure dimensions are consistent throughout all sections of
the permit application, including maps/plans.
Pre-Application Meetings
A. Consider having a pre-application meeting with the reviewing agency(ies). If it is a complex project,
the meeting should take place early in the design phase of the project. Conversely, if a project is
straightforward, a pre-application meeting may not be needed.
B. During a pre-application meeting, issues can be resolved immediately or the permitting effort may be downgraded.
C. Actions discussed in a pre-application meeting with the reviewing agency(ies) should be incorporated
into the submission, or an explanation should be provided as to why they were not.
D. If a pre-application meeting occurs, meeting minutes should be prepared and included with the
permit submission.
Forms
A. Check the PADEP’s eLibrary to ensure the most recent version of the appropriate form is being used.
B. Submissions to CCDs usually require additional forms. Make sure any county-specific forms are up to
date and are included.
Aquatic Resource Identification
A. Stream designations should be confirmed in the Pennsylvania Code Chapter 93 and in PADEP’s
Existing Use Classification list, not just eMapPA.
B. If wetlands are exceptional value, make sure this is noted throughout the permit package.
Temporary Conditions
A. Temporary conditions should be evaluated for the two-year event so that PennDOT can determine if
property easements are necessary as described in Appendix G of Design Manual, Part 2, Chapter 10
(Pub 13M).
Plans
A. Plans should always have dates to easily identify if they are the most current version.
B. Plans should not be “preliminary”, “draft”, or “conceptual”, nor labelled as such.
C. Resources should be consistently labelled across all plan sets. For example, if a channel is identified as
a stream on one plan and a ditch on another, the agency reviewer does not know whether the channel
is jurisdictional or not.
62 Rev. (11-18)
D. Symbols should be correctly identified in the legend.
E. Do not include redundant notes or notes that do not apply to the project.
F. List the correct instream work restrictions and stream designations.
G. Plans should be site specific.
H. Existing and proposed contours should be included on plan drawings.
I. Plans should be legible and text should not overlap.
1. Chapter 105
a. Mitigation plans should include an assessment of function and values that offsets the
proposed impacts.
b. If needed, prepare a separate stream relocation plan. The stream relocation is often obscured
when it is shown with all other linework.
c. Cross-sections of all affected streams need to be included with flood elevations shown. Cross-
sections of affected wetlands are helpful but not required.
2. Chapter 102
a. Provide temporary and permanent seeding, liming, fertilizing, and mulching information on
the plan drawings. Information should include seed, lime, fertilizer, and mulch types and
rates.
b. Pumped water filter bag and concrete washout facility locations should be shown.
c. Riparian buffers should be shown.
d. Infiltration/Geotech study information should be included (e.g. location of test pits).
e. For plans submitted as part of an Individual NPDES submission, the Section 404 permit area
should be shown. This is important for the calculation of riparian buffer offsets.
H&H
A. The H&H report should be signed and sealed by a PE and approved by PennDOT.
B. H&H models should include anecdotal flooding history where possible, especially if different from
the typical model.
E&S BMPs
A. Sequence the installation of all proposed BMPs. The construction sequence should be specific, as well
as inclusive of BMP installation and removal in relation to the construction activities.
B. Dimensions for outlet protection should be shown.
C. Provide details and locations for concrete washout facilities. They should not be located within 50 feet
of waters or drainage structures and should be underlain by an impervious geomembrane.
D. Pump intakes should be floating and screened. Pumped water filter bags should be placed in
well-vegetated grassy areas and not across contours, and should have compost filter sock placed
around them. The pumping rate should be no greater than 750 gallons per minute (GPM) or half
the maximum specified by the manufacturer, whichever is less.
E. BMP trains should be sufficient to provide the reduction in stormwater volume and rate claimed on
the worksheet.
Rev. (11-18) 63
F. Sediment barriers, such as silt fence, should not have gaps and should not be installed in areas of
concentrated flow to avoid blow-outs and flooding.
G. Inlet protection should be used cautiously because it can lead to flooding.
H. Any area proposed for an infiltration BMP should be protected from compaction throughout the life
of the construction project.
Chapter 105
A. Project Description
1. Specifically describe demolition procedures, including how materials will be removed from the
aquatic resources.
2. Impacts to aquatic resources should always be minimized as much as possible for any project.
Provide a brief discussion of how this was done for the specific proposed project.
B. PASPGP-5 Reporting Activities
1. If a permit is known to be a Reporting Activity under PASPGP-5, this should be identified when
the permit registration or application is submitted. Early identification of Reporting submissions
by the PADEP will start the USACE review process earlier. Conversely, when PADEP does not
identify a Reporting Activity early in their review, it delays the USACE review.
2. These items may be required by the USACE for a Reporting Activity review depending on the
permit type and associated impacts:
a. Section 106 clearance;
b. Supporting wetland data (i.e. representative maps, descriptions, conclusions, and data sheets);
c. Mitigation plans that comply with the 2008 Rule;
d. A PennDOT-USACE approved template for deed restrictions and easements;
e. An original cover letter from the United States Fish and Wildlife Service (USFWS) for T&E
species issues; and
f. Wild and Scenic River clearance, if applicable.
3. USACE reviewers prefer to see a full clearance letter from the USFWS. In some cases, the USFWS
will stamp a clearance statement on the first page of the project review request (cover letter) sent
by PennDOT or a consultant. When you receive a sticker response such as this, you should
include the page with the sticker response and the rest of the cover letter in your permit
submission.
C. Joint Permits
1. The risk assessment should be evaluated in relation to aquatic encroachments. Also consider
whether the proposed encroachment will cause flooding or otherwise affect the environment,
public safety, or property.
2. Compliance with local requirements (standards in approved Act 167 plans and floodplain
ordinances) should be evaluated, and proof should be provided. Stormwater and floodplain
management consistency letters should be included, if possible. If consistency letters are not
obtained, then include evidence of attempts to gain the consistency letters. Refer to the
Consistency Letter Requirement Memos in Appendix O for further guidance.
64 Rev. (11-18)
Chapter 102
A. Provide all pertinent information for soils, including a discussion of soil type limitations and
resolutions, along with identification of any hydric soils. Do not just attach the chart from the PADEP
E&S BMP manual.
B. If discharging onto an adjacent property, an off-site discharge analysis should be performed to ensure
there is no erosion.
C. Use the standard worksheets from the PADEP E&S program manual to ensure that all the required
information is included.
D. Receiving Waters
1. List all receiving waters on the NOI (Section C, 5 and 5a).

2. If a receiving water is listed as impaired on the 303(d) list, then ensure that the additional
restrictions are being followed.
3. Show receiving waters even if they are outside of the ROW. A map and/or description of how
drainage is getting to surface waters should be included.
Projects That Will Replace an Existing Bridge or Culvert with a Box Culvert
PennDOT, PADEP, and the PFBC have agreed to the guidelines provided in Pub 584, Chapter 9, Appendix A –
Joint Agency Guidance for the Analysis of Environmental Impacts and Other Issues for Short Span Structures.
This document provides guidance for projects that propose placement of a single-span box culvert with a
normal clear span of 24 feet or less that is depressed with fish baffles in accordance with DM-2, Chapter 10
and BD-632M. It does not apply to projects with a significant reduction in waterway opening or that will affect
state or federal species of special concern. Additional agency coordination is needed to determine if a box
culvert is an acceptable alternative for culverts longer than 100 feet, areas with exposed continuous bedrock
under the proposed structure, and for stream gradients greater than four percent. Specific documentation
recommendations are provided in that document for both General Permit applications and other types of
permit applications.
Rev. (11-18) 65
Section V - Permit Authorization PUB 783 - Environmental Permitting Handbook
SECTION V - Permit Authorization

Where do I submit my permit? How long will it take to review? What happens if I need to change my project
area after I receive approval? Do I have to submit anything after the work is done? This section provides an
overview of what to expect during the permit review process and considerations once a permit has been
authorized.
66 Rev. (11-18)
PUB 783 - Environmental Permitting Handbook Section V - Permit Authorization
CHAPTER 10: Permit Submittal Process
All PennDOT permit application submittals for supported application types should be made electronically
through KEES (https://www.kees.pa.gov). Electronic development and submission of permit applications
streamlines the development and review process, allows for concurrent review by multiple organizations
(including PADEP and the USACE), allows for end-to-end permit lifecycle tracking and reporting, and
eliminates the need to submit and retain multiple copies of paper permits. At present the following
application/registration types are supported in KEES: GP-8, GP-11, GP-8 and GP-11 combination, Small
Projects JPA, Standard JPA, and PASPGP-5 for non-reporting activities. Planned future releases of KEES will
allow the development and submission of other PADEP Chapter 105 and Chapter 102 permit types as well as
USACE permits. A user account and login is required to access KEES. Approved permits, as well as permits
in preparation and under review, will be visible to anyone with access to KEES.
Permit applications in KEES are associated to a KEES project, which provides a framework for creating and
developing multiple permit applications for a single real-world project. Basic information about the project,
such as applicant contact information and location data, is stored in the KEES project and used to populate the
corresponding fields in associated permit applications. The KEES project can also be associated to one or more
MPMS or SAP project IDs for project tracking purposes.
Each KEES project can be associated to multiple permit applications. In the application, additional details and
attachments are added to the application package. The information required to complete the permit
application in KEES is dependent on the type of application generated. Once the application information is
complete, the permit application documents can be validated and the final applicant review can be initiated.
During the final applicant review, PennDOT staff will review the application for completeness and technical
accuracy and upload the final QA/QC document, which is included in Appendix K. Once the QA/QC
document has been validated, PennDOT staff will submit the permit application to PADEP for review.
Once the permit is submitted electronically to PADEP, the application documents are locked and cannot be
edited. PADEP staff will review the permit application for completeness and technical accuracy. Other
commenting agencies, such as the USACE, DCNR, EPA, PFBC, PGC, PHMC/SHPO, and USFWS may also
view and comment on the permit application. If the application is deemed to be incomplete or technically
deficient, the application will be returned to the applicant through KEES with an incompleteness letter or
technical deficiency letter that includes comments for the resolution of the deficiencies. When a permit is
returned to the applicant as incomplete or technically deficient, the permit application documents are
unlocked and editable for the application preparer. The permit documents can then be revised as needed to
address the deficiencies, and the revised application can be resubmitted to PADEP by PennDOT staff.
Figure 12: KEES General Workflow

When a GP registration is approved by PADEP, the GP acknowledgement letter will be returned to the
applicant through KEES. Approved Standard and Small Projects JPAs will be returned with a Water
Obstruction and Encroachment Permit Letter, which includes the general and special conditions of the permit.
The applicant can then return the Acknowledgement of Apprisal of Permit Conditions document to PADEP
through the KEES system to accept the permit conditions. The permit is not effective until the permit
conditions have been accepted by the applicant. If the project is a non-reporting activity under PASPGP-5, the
letter will include acknowledgement of both the GP registration and the PASPGP-5 registration. PASPGP-5
authorizations for reporting activities and other USACE permit types are not currently supported by KEES.
Rev. (11-18) 67
For PADEP and USACE permit types that are not supported by KEES, paper submittals are required. For
those projects, the permit package must include all the components identified in the permit checklist. The
essential components of a paper permit submission are the same as those in an electronic submission, but the
paper version requires the use of specific forms for some of the components. The items required for paper
submissions are identified in the permit forms available in PADEP’s eLibrary
(http://www.depgreenport.state.pa.us/elibrary/GetFolder?FolderID=4044). Additionally, paper submissions to
PADEP should have a green cover sheet identifying it as a PennDOT sponsored project. This aids PADEP in
routing the permit submission to the dedicated PennDOT reviewers. An example of the cover sheet can be
found in Appendix P. It may also be helpful to coordinate with the reviewing agency to ensure the correct
number of paper copies are prepared and the appropriate submittal process is followed. Generally, JPA, E&S
Control Permit, General NPDES Permit, and Individual NPDES Permit submissions require three paper copies
(one original and two copies; GP and EXX-9999 permit submissions require two paper copies (one original
and one copy).
Once submitted, a paper registration or application is processed the same way as an electronic submission.
The permit reviewer will first do a completeness review to confirm that the required components have been
included and contain the information necessary to complete the review. Minor deficiencies that can be
corrected quickly may be resolved by email or a phone call from the reviewer. Complete submissions will
move on to the technical review phase of the permit review process. Review timelines will follow those
outlined in the MOU with PADEP and are described in Table 5. It is recommended that submissions allow
adequate time for the permit review process and avoid last minute submissions with unreasonable
timeframes. Permits will be authorized via an acknowledgment letter from either PADEP or the CCD. Further,
JPs will receive conditional authorization pending receipt of signed copies of the JP and the Acknowledgment
of Permit Conditions form.
Table 5: MOU Permit Review Timeframes
Completeness Technical Review and Total Review

Permit Type Review Period Public Notice Period Period
(Business Days) (Business Days) (Business Days)
Standard or Small Projects JPA 10 55 65
GP-11 10 35 45
Other GPs 10 45 55
Joint Permit 10 65 75
Notes:
1) Final permit action may be delayed by factors such as natural disasters or emergency responses that
may require immediate use of resources or render PADEP resources unavailable.
2) The review periods will be suspended for any application found to be deficient during the
completeness or the technical review. If a technical deficiency is received on a permit application, the
technical review timeframe set forth will reset, providing PADEP with the entire technical review
timeframe to review the revised permit application after the technical deficiency is addressed.
3) Review times exclude days when applications are incomplete or technically deficient.
68 Rev. (11-18)
CHAPTER 11: Now That I Have a Permit
Approval/Authorization
When an application or registration is deemed to comply with the requirements for permit authorization, the
reviewing agency will issue a written notification that the application has been approved. The type of written
authorization (and originating agency) is shown in Table 6 below. This letter includes a statement of the
permit type that has been authorized, a description of the permitted activities and any special conditions of
the authorization. If the application is for a waterway permit and the project qualifies for PASPGP-5 as a
non-reporting activity, it will also include the PASPGP-5 authorization for the project.
Table 6: Approval Notification Types
Permit Type Approval Notificaiton
Standard or Small Projects JPA Water Obstruction and Encroachment Permit Issuance Letter (PADEP)
General Permit (waterways) GP Acknowledgement Letter (PADEP or CCD)
EXX-9999 Maintenance Permits EXX-9999 Acknowledgement Letter (PADEP)
PASPGP-5 PASPGP-5 Authorization (PADEP or USACE)
Individual Chapter 404 Permits Permit Issuance Letter (USACE)
Nationwide Permits Letter of Verification (USACE)
Chapter 105 Waivers None – no permit submission is required.
NPDES (Individual or General) Permit Issuance Letter (PADEP or CCD)
E&S Permit Permit Issuance Letter (PADEP or CCD)
For the authorization to remain valid, work conducted as part of the project must comply with the documents
provided to the permitting agency as part of the permit application. It is important to note that the
authorization applies to the activities included in the permit documents only. Other related activities that
require a permit authorization must be authorized separately or be included in the authorized permit through
a permit amendment. For example, a waterway permit authorization for a bridge replacement project does not
include authorization for related activities, such as placement of nearby stormwater outfalls, relocation of
adjacent stream segments, streambank restoration activities, or gravel bar removal unless explicitly included
in the permit applications and acknowledgements of use. Related activities that do not require a permit
authorization, such as pavement mill and overlay or in-kind replacement of guide rail, can still be done if they
do not impact any environmental resources that would require a permit.
In addition to the NPDES permit authorization, the permittee and any subsequent co-permittee have
additional responsibilities related to this authorization. NPDES permit requirements and federal regulations
state, “when a facility or activity is owned by one person but is operated by another person, it is the operator’s
duty to obtain a permit.” In practicality, this means once an operator/contractor has been selected for the
project, the NPDES permit must either be transferred to the operator/contractor or the operator/contractor
must be made a co-permittee. This is accomplished through the Transferee/Co-Permittee Application Form
(http://www.depgreenport.state.pa.us/elibrary/GetFolder?FolderID=4087). This form must be returned to
PADEP at least 30 days prior to the start of construction.
Rev. (11-18) 69
Conditions
Each GP has a set of conditions that cannot be modified, and a project For small project permits and
must meet the conditions to be eligible for authorization under that GP. standard Chapter 105 permit
However, for small project permits and standard Chapter 105 permit authorizations, PADEP can
authorizations, PADEP can include special conditions with the permit include special conditions in
authorization. These special conditions are a legally binding part of the the permit authorization letter.
permit, and the permit is not authorized until PennDOT signs the
Acknowledgement of Apprisal of Permit Conditions form accepting
the special conditions. Strict adherence to these conditions is critical, as non-compliance with permit
conditions voids the permit authorization and can result in a Notice of Violation (NOV). Some common
permit conditions are listed in Pub. 325, Chapter 12, Part 3. In addition to the commonly used special
conditions, site-specific conditions in sensitive environmental, archaeological, or historic areas give detailed
avoidance or mitigation measures and procedures to follow if the project unexpectedly encounters an
endangered species or archeological artifacts.
A pre-construction conference is one of the conditions of the NPDES permit. The purpose of the conference is
to review all aspects of the permit with the permittee, co-permittee, operators, consultants, PADEP inspectors,
and licensed professionals or their designees who will be responsible for the implementation of the critical
stages for the approved PCSM plan.
A copy of all permit documents, including authorization letters with special conditions, any applicable
approvals, and any permit amendment documents must be kept on-site at all times. E&S plans and PPC plans
must also be maintained on-site and made available for review at all times. As noted in Pub. 325, the on-site
foreman or site supervisor is responsible for permit compliance. As the person responsible for permit
compliance, the on-site foreman or site supervisor should ensure that he or she has read and understands
all of the permit documents.
Violations
Inspections are typically included as a condition of all PADEP and USACE permit authorizations. The
applicant is required to allow employees or agents of PADEP or the USACE (or delegated agencies such as the
CCDs) to conduct inspections to verify that projects are being constructed and maintained in accordance with
the terms and conditions of the permit authorization. PADEP and the USACE have no obligation to provide
notice prior to inspections, and inspectors should be allowed access without delay upon presentation of
appropriate credentials. Inspections may include taking samples, photographs, or measurements; inspection
of any area of the permitted site; examination of any records and any other actions necessary to ensure that
the project complies with the permit conditions.
Common permit violations include:
• Failure to have the E&S control plan (and other required documentation) on-site
• Failure to implement and maintain BMPs and follow sequencing
• Failure to use special protection BMPs for discharges to high quality or exceptional value waters
• Failure to demonstrate that alternative BMPs achieve regulatory standards
• Failure to permanently stabilize earth disturbance
• Failure of earth disturbance activities to comply with permit conditions
• Failure to prevent sediment or other pollutant discharge into waters
• Failure to comply with instream work restrictions
• Failure to obtain approval for deviations from the approved permit activities
Rev. (11-18) 70
Violations from major permanent project components should not occur if the construction drawings agree
with the approved permit documents; the construction drawings should be carefully compared with those
included in the approved permit. Violations of permit conditions can have far-reaching impacts; including
project delays, fines and remediation costs and litigation. An unresolved NOV on any PennDOT project could
delay or prevent the approval of other permits that PennDOT has submitted to PADEP until the violation is
resolved. Typically, PennDOT begins the coordination process with PADEP immediately, so that other permit
submissions are not affected.
PennDOT is responsible for ensuring that the contractor is aware of permit conditions and complies with the
permit. If the permitted activity is found to be non-compliant with the permit conditions; PennDOT will
document the non-compliant conditions and notify both the contractor and the appropriate permitting agency.
The PennDOT project manager may issue a stop work notice to the contractor for improper waste disposal
operations, work that is not compliant with the E&S plan or permit conditions, or when failed BMPs have not
been replaced or repaired within 48 hours of notification. PADEP staff can also issue a Compliance Order to
PennDOT requiring the contractor to cease earthwork on a project if the project is not in compliance with the
permit conditions.
Major violations or refusal to make immediate corrections may lead to a NOV against PennDOT. The NOV
documents the non-compliant conditions and typically gives instructions for remediation. When a NOV is
issued, the responsible District must submit a copy of the NOV to the Chief of the Environmental Policy and
Development Section (EPDS) in the Bureau of Project Delivery within 48 hours. If PennDOT personnel are
approached by employees of PADEP or the USACE and are ordered to cease and desist a maintenance
activity, PennDOT personnel should immediately contact their supervisor regarding appropriate steps and
procedures. PennDOT resolves most NOVs through voluntary compliance, which is a process of working
with the enforcement officer (from PADEP, PFBC, or the USACE) to develop a mutually agreeable strategy
to correct or mitigate the NOV.
Project Completion Forms

Once the project has been constructed and the permitted activity has been completed, specific forms need to
be completed and returned to the permitting agencies. In the case of a waterway permit, the PASPGP-5 Permit
Compliance, Self-Certification Form must be completed and returned to the appropriate USACE office
(http://www.lrp.usace.army.mil/Portals/72/docs/PASPGP-5%20Self-Cert.pdf?ver=2016-07-01-115616-937).
For JPAs, an additional completion form is also required by PADEP. A Water Obstruction and Encroachment
Permit Completion Report must be signed by the applicant and supervising engineer indicating that the
work has been completed as approved. The Completion Report should then be submitted to PADEP. This
Completion Report Form is a provided by PADEP with the permit authorization documents. Generally,
these completion forms should be submitted within 30 days of completion of the approved project.
For earth disturbance permits, a Notice of Termination (NOT) Form must be completed and filed with the
appropriate PADEP office or CCD when construction activities have ceased and final stabilization has been
achieved.
Amendments
For waterway permits and earth disturbance permits, any change to the permitted Any changes to
conditions requires preparation of a permit amendment. The amendment must be the permitted
submitted to and approved by the permitting agency. The procedures for pursuing
an amendment vary slightly depending on the permit type and the extent of the
conditions require
changes, but it is strongly recommended to contact the permitting agency early in

an amendment of
the amendment process. Early informal meetings with the reviewing agencies can
the permit.
often provide useful information regarding documentation requirements and can
provide agency concurrence on the proposed changes. Minor changes to the permit documents (as discussed
further in the next few paragraphs) can typically be quickly approved by the permitting agency after
71 Rev. (11-18)
submission of revised drawings. More significant revisions may require submission of a new permit
application, which may or may not have a reduced agency review time. It is important to remember that once
a change is approved, the approved drawings become the new permit documents and must be kept on the
project site if required in the permit conditions.
For waterway permits, revision of the permit documents requires an amendment of the permit or permit
authorization that is approved by the reviewing agency (PADEP or the CCD). Minor amendments include
changes to the project that do not substantially alter the permit conditions. Per Chapter 105, this includes
changes that do not:
• Increase the amount of surface water impacts;
• Increase the size of the operation; or
• Reduce the capacity of the facility to protect human health, safety, or the environment.
Minor amendments also include requests for time extensions and transfers of aquatic resource mitigation
credits from an approved mitigation bank. Minor amendments require submission of the revised documents
to the permitting agency with the changes clearly marked. The permitting agency will review the revised
documents. If the revisions are acceptable, the permitting agency will issue a letter of approval for the
amendment and add the revised documents to the project record for the permit. Major amendments require
submission of a new permit application to the reviewing agency.
Modifications to permits granted by the USACE that result in a change in the verified impact to, or use of
WOTUS, including jurisdictional wetlands, must be approved by the reviewing agency that issued the permit
(PADEP or USACE). PADEP approval is required if the project was and will remain a non-reporting activity
under PASPGP-5. USACE approval is required if the single and complete project had been previously
reviewed by the USACE, or if the proposed modification is a reporting activity under PASPGP 5. Project
modifications that cause a single and complete project to exceed 1.0 acre of impacts to the WOTUS or 1,000
linear feet of permanent stream loss will not be eligible for PASPGP-5 and will be forwarded to the USACE
for review.
Revision of earth disturbance permits also requires approval of the permit amendment from the reviewing
agency. Minor amendments can include modification, addition, or removal of BMPs if the total disturbed area
is unchanged. New earth disturbance that expands or increases the total disturbed area may also be
considered a minor amendment if the additional disturbed area is within the original project boundaries and
existing planned and implemented BMPs are adequate to minimize accelerated erosion and sedimentation
from the proposed earth disturbance. Minor amendments require submission of the modified permit
documents to the permitting agency. Major permit amendments are needed for changes to the project that
involve a change in project scope, new discharges, any new direct or indirect impacts to wetlands or streams,
increase in disturbed area that requires expansion of the project limits or new BMPs, or any other change to
the project beyond those activities identified in the initially approved permit. Similar to the amendment
process for waterway permits, major amendments to earth disturbance permits require submission of a new
permit application.
Minor permit amendments for earth disturbance permits can often be approved at an agency coordination
meeting with the CCD. PADEP should also be invited to the meeting if the amendment is for an Individual
NPDES or an E&S permit. At the meeting, the agencies will review the changes to ensure that they are minor
revisions and to ensure that the changes are consistent with the technical standards and specifications. If there
are technical deficiencies in the minor amendment document, the permittee will typically have 60 calendar
days to submit the information needed to make the plan technically adequate. If the agency agrees with the
revisions, the PADEP or CCD representative may initial the revised drawings to approve the minor
amendment.
Chapter 105 and Section 404 permits are typically valid for three to five years. Time extensions can be
requested, but should be requested at least 30 days prior to the expiration of the permit. Time extensions are
typically considered a minor amendment.
Rev. (11-18) 72
Mitigation and Monitoring

Mitigation is a process for reducing project impacts. Mitigation takes three forms and
begins in the planning stage. The first step in mitigation is resource avoidance. If a
The first step
stream or wetland can be avoided, there are no direct impacts from the project. If
in mitigation
avoidance is not possible, impact minimization is the next step to mitigation of
is resource
environmental impacts. The final option is resource replacement, or compensatory
avoidance.
mitigation, for unavoidable impacts.
Compensatory mitigation for unavoidable wetland impacts is required for permanent impacts exceeding 0.05
acres. Permanent impacts include wetland loss due to fill or conversion from one type of wetland to one with
a lower function and value. (e.g., palustrine forested to palustrine emergent). The replacement ratio for
compensatory wetland mitigation depends on the function and value of the original resource. The higher the
resource value, the higher the replacement ratio required by the agencies. Permanent emergent wetland
impacts are usually offset at a 1:1 replacement ration, while forested wetlands will be replaced at a 2:1 ratio at
a minimum. Wetland banking is the preferred mitigation option. PennDOT has approved banking sites across
the state for qualifying projects. A map of PennDOT’s wetland banks is provided in Appendix Q. If a wetland
bank is not available, on-site wetland replacement near the affected resource may be used if feasible. For a
more detailed description of the wetland mitigation process refer to the Wetland Resources Handbook (Pub
325).
Stream impacts may also require compensatory mitigation, depending on the type of impact. Channel
realignment or relocation are the most common triggers for stream impact mitigation. Mitigation typically
takes the form of channel and riparian zone reconstruction adjacent to the project area. In the case of stream
enclosures, though, mitigation would likely involve off-site enhancement of impaired stream and riparian
zone habitat.
Any project that might require mitigation should be discussed at a pre-application meeting with the
regulatory agencies. Potential mitigation options should be presented to the reviewing agencies for their input
prior to submitting a permit application.
Note: Rapid assessment protocols for wetlands, streams and lakes were finalized by PADEP in February 2017.
These protocols were developed to provide a relatively objective assessment of resource condition for use in
impact evaluation and compensatory mitigation. The condition scores determined by the rapid assessment
protocols will be used to determine the amount and type of mitigation required. These protocols are a
required part of all permit submittals as of July 1, 2017.
Monitoring will be required for any project that has compensatory mitigation. Wetland monitoring is
normally required for five years or until monitoring demonstrates that the wetland has met the design
objectives. Wetland monitoring reports must be submitted to the regulatory agencies at the beginning and
end of the growing season for the first two years, and at the end of the growing season for the following three
years. Deficiencies in wetland development noted during the monitoring events must be corrected via
remedial measures to achieve design objectives.
Stream mitigation monitoring is normally required for two years or until the stream channel is stable.
Corrective measures are necessary when monitoring indicates unstable conditions in the banks or channel.
Riparian zone enhancement associated with stream mitigation may require a longer monitoring commitment,
depending on the type of plant community. Monitoring to demonstrate effective establishment of a woody
riparian community will typically be required for a longer period than for an herbaceous plant community.
73 Rev. (11-18)
Appendix A PUB 783 - Environmental Permitting Handbook
APPENDIX A
GLOSSARy
A-1 Rev. (11-18)

PUB 783 - Environmental Permitting Handbook Appendix A
Glossary
Definitions noted as (PASPGP-5) are excerpted from the PASPGP-5:

(http://www.nap.usace.army.mil/Portals/39/docs/regulatory/spgp/Final_PASPGP_5-19-Apr-2016.pdf).
Definitions noted as (102) are excerpted from Chapter 102 of the Pennsylvania Code:
(http://www.pacode.com/secure/data/025/chapter102/s102.1.html).
(http://www.pacode.com/secure/data/025/chapter105/s105.1.html).
(http://www.pacode.com/secure/data/025/chapter93/chap93toc.html).
Accelerated Erosion (102) – The removal of the surface of the land through the combined action of human
activities and the natural processes, at a rate greater than would occur because of the natural process alone.
Best Management Practices (BMPs) (102) – Activities, facilities, measures, planning or procedures used to
minimize accelerated erosion and sedimentation and manage stormwater to protect, maintain, reclaim, and
restore the quality of waters and the existing and designated uses of waters within this Commonwealth before,
during, and after earth disturbance activities.
Bridge (105) – A structure and its appurtenant works erected over the regulated waters of this
Commonwealth.
Culvert (105) – A structure with appurtenant works which carries a stream under or through an embankment
or fill.
Discharge of Dredged Material (PASPGP-5) – Any addition of dredged material into, including redeposit of
dredged material other than incidental fallback within, the waters of the United States, including jurisdictional
wetlands. The term does not include activities that involve only the cutting or removing of vegetation above
the ground (e.g., mowing, rotary cutting, and chain sawing) where the activity neither substantially disturbs
the root system nor involves mechanized pushing, dragging, or other similar activities that redeposit
excavated soil material.
Discharge of Dredged Material (105) – An addition, deposit, disposal or discharge of dredged material into
the regulated waters of this Commonwealth including, but not limited to, the addition of dredged material to
a specific disposal site located in the regulated waters of this Commonwealth and the runoff or overflow of
dredged material from a contained land or water disposal area. The term does not include plowing,
cultivating, seeding and harvesting for the production of food, fiber and forest products.
Discharge of Fill Material (PASPGP-5) – The addition of fill material into the waters of the United States.
The term generally includes, without limitation, the following activities: placement of fill that is necessary for
the construction of any structure or infrastructure in a water of the United States; the building of any structure,
infrastructure, or impoundment requiring rock, sand, dirt, or other material for its construction; site
development fills for recreation, industrial, commercial, residential, or other uses; causeways or road fills;
dams and dikes; artificial islands; property protection and/or reclamation devices such as riprap, groins,
seawalls, breakwaters, and revetments; beach nourishment; levees; fill for structures such as sewage treatment
facilities, intake and outfall pipes associated with power plants and subaqueous utility lines; placement of fill
material for construction or maintenance of any liner, berm, or other infrastructure associated with solid waste
landfills; placement of overburden, slurry, or tailings or similar mining-related materials; and artificial reefs.
The term does not include plowing, cultivating, seeding and harvesting for the production of food, fiber, and
forest products.
Discharge of Fill Material (105) – An addition, deposit, disposal or discharge of fill into the regulated waters
of this Commonwealth. The term does not include plowing, cultivating, seeding and harvesting for the
production of food, fiber and forest products.
Rev. (11-18) A-2

Disturbed Area (102) – Unstabilized land area where an earth disturbance activity is occurring or has
occurred.
Dredge (105) – To remove sand, gravel, mud or other materials from the beds of regulated waters of this
Commonwealth.
Dredged Material (PASPGP-5) – Material that is excavated or dredged from the waters of the United States,
including jurisdictional wetlands.
Dredged Material (105) – A material that is excavated or dredged from the regulated waters of this
Commonwealth.
Earth Disturbance Activity (102) – A construction or other human activity which disturbs the surface of the
land, including land clearing and grubbing, grading, excavations, embankments, land development,
agricultural plowing or tilling, operation of animal heavy use areas, timber harvesting activities, road
maintenance activities, oil and gas activities, well drilling, mineral extraction, and the moving, depositing,
stockpiling, or storing of soil, rock or earth materials.
Encroachment (105) – A structure or activity which changes, expands or diminishes the course, current or
cross section of a watercourse, floodway or body of water.
Erosion (102) – The natural process by which the surface of the land is worn away by water, wind or
chemical action.
Erosion and Sediment Control Permit (E&S Permit) (102) – permit required for earth disturbance activities
where the earth disturbance is associated with timber harvesting, road maintenance activities, or oil and gas
activities.
Erosion and Sediment Control Plan (E&S Plan) (102) – A site-specific plan consisting of both drawings and
a narrative that identifies BMPs to minimize accelerated erosion and sedimentation before, during and after
earth disturbance activities.
Fill Material (PASPGP-5) – Material placed in waters of the United States where the material has the effect of:
(i) Replacing any portion of water of the United States with dry land; or (ii) Changing the bottom elevation of
any portion of a water of the United States. Examples of such fill material include, but are not limited to: rock,
sand, soil, clay, plastics, construction debris, wood chips, overburden from mining or other excavation
activities, and materials used to create any structures or infrastructure in the waters of the United States.
The term fill material does not include trash or garbage.
Fill (105) – Sand, gravel, earth or other material placed or deposited to form an embankment or raise the
elevation of the land surface. The term includes material used to replace an area with aquatic life with dry
land or to change the bottom elevation of a regulated water of this Commonwealth.
Floodplain (105) – The lands adjoining a river or stream that have been or may be expected to be inundated
by flood waters in a 100-year frequency flood.
Floodway (105) – The channel of the watercourse and portions of the adjoining floodplains which are
reasonably required to carry and discharge the 100-year frequency 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.
National Pollutant Discharge Elimination System (NPDES) (102) – The national system for the issuance of
permits under section 402 of the Federal Clean Water Act (33 U.S.C.A. § 1342).
NPDES Permit for Stormwater Discharges Associated With Construction Activities (102) – A permit
required for the discharge or potential discharge of stormwater into waters of this Commonwealth from
construction activities, including clearing and grubbing, grading and excavation activities involving one acre
A-3 Rev. (11-18)

or more of earth disturbance activity or an earth disturbance activity on any portion, part, or during any stage
of, a larger common plan of development or sale that involves one acre or more of earth disturbance activity
over the life of the project.
Notice of Intent (NOI) (102) – A request, on a form provided by the Department, for coverage under a
General NPDES Permit for Stormwater Discharges Associated With Construction Activities or an E&S Permit.
Notice of Termination (NOT) (102) – A request, on a form provided by the Department, to terminate coverage
under a General or Individual NPDES Permit for Stormwater Discharges Associated with Construction
Activities or other permits under this chapter.
Ordinary High Water Mark (OHWM) (PASPGP-5) – The line on the shore established by the fluctuations of
water and indicated by physical characteristics such as clear, natural line impressed on the bank; shelving;
changes in the character of soil; destruction of terrestrial vegetation; the presence of litter and debris; or other
appropriate means that consider the characteristics of the surrounding areas.
Post Construction Stormwater (102) – Stormwater associated with a project site after the earth disturbance
activity has been completed and the project site is permanently stabilized.
Post Construction Stormwater Management (PCSM) Plan (102) – A site-specific plan consisting of both
drawings and a narrative that identifies BMPs to manage changes in stormwater runoff volume, rate and
water quality after earth disturbance activities have ended and the project site is permanently stabilized.
Preparedness, Prevention, and Contingency (PPC) Plan (102) – A written plan that identifies an emergency
response program, material and waste inventory, spill and leak prevention and response, inspection program,
housekeeping program, security and external factors, and that is developed and implemented at the
construction site to control potential discharges of pollutants other than sediment into waters of this
Commonwealth.
Riparian Buffer (102) – A BMP that is an area of permanent vegetation along surface waters.
Riparian Forest Buffer (102) – A type of riparian buffer that consists of permanent vegetation that is
predominantly native trees, shrubs and forbs along surface waters that is maintained in a natural state or
sustainably managed to protect and enhance water quality, stabilize stream channels and banks, and separate
land use activities from surface waters.
Road Maintenance Activities (RMAs) (102) – Earth disturbance activities within the existing road cross-
section or railroad ROW. The existing road cross-section consists of the original graded area between the
existing toes of fill slopes and tops of cut slopes on either side of the road and any associated drainage
features.
Sediment (102) – Soils or other erodible materials transported by stormwater as a product of erosion.
Sedimentation (102) – The action or process of forming or depositing sediment in waters of this
Commonwealth.
Special Protection Waters (93) – High quality waters (HQ) and exceptional value (EV) waters.
Stormwater Management Facilities (102) – Manmade measures designed and constructed to convey
stormwater runoff away from structures or improved land uses, or to control, detain or manage stormwater
runoff to avoid or reduce downstream damages. The term includes, but is not limited to, transportation and
related facility drainage systems and manmade stormwater detention basins. The term does not include
replacement wetlands or major dams and reservoirs constructed for water supply, recreation, river basin flood
control or other regional or basin-wide purposes.
Stormwater (102) – Runoff from precipitation, snowmelt, surface runoff and drainage.
Stream (105) – A watercourse.
Rev. (11-18) A-4

Stream Crossings (105) – A pipeline, aerial cable or similar structure which is placed in, along, under, across
or over the regulated waters of this Commonwealth.
Stream Enclosure (105) – A bridge, culvert or other structure in excess of 100 feet in length upstream to
downstream which encloses a regulated water of this Commonwealth.
Structure (PASPGP-5) – Any pier, boat, dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead,
revetment, riprap, jetty, artificial island, artificial reef, permanent mooring structure, power transmission line,
permanently moored floating vessel, piling aid to navigation, or any other obstacle or obstruction.
Submerged Lands of this Commonwealth (105) – Waters and permanently or periodically inundated lands
owned by the Commonwealth, including 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.
Surface Waters (93) – Perennial and intermittent streams, rivers, lakes, reservoirs, ponds, wetlands, springs,
natural seeps and estuaries, excluding water at facilities approved for wastewater treatment such as
wastewater treatment impoundments, cooling water ponds and constructed wetlands used as part of a
wastewater treatment process.
Waterbody (PASPGP-5) – A lake, pond, reservoir, swamp, marsh, wetland, spring, stream, river, or
watercourse. A waterbody is a jurisdictional water of the United States that, during a year with normal
patterns of precipitation, has water flowing or standing above ground to the extent that an OHWM or other
indicators of jurisdiction can be determined, as well as any jurisdictional wetland area.
Watercourse (105) – A channel or conveyance of surface water having defined bed and banks, whether natural
or artificial, with perennial or intermittent flow.
Water Obstruction (105) – A dike, bridge, culvert, wall, wingwall, fill, pier, wharf, embankment, abutment or
other structure located in, along or across or projecting into a watercourse, floodway or body of water. In the
case of ponds, lakes and reservoirs, a water obstruction is considered to be in or along the body of water if, at
normal pool elevation, the water obstruction is either in the water or adjacent to and abutting the water’s
edge.
Waters of this Commonwealth (102) – Rivers, streams, creeks, rivulets, impoundments, ditches, watercourses,
storm sewers, lakes, dammed water, wetlands, ponds, springs and other bodies or channels of conveyance of
surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of
this Commonwealth.
Waters of this Commonwealth (105) – Watercourses, streams or bodies of water and their floodways wholly
or partly within or forming part of the boundary of this Commonwealth.
Waters of the United States (PASPGP-5) – All waters which are currently used, or were used in the past, or
may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb
and flow of the tide.
Wetlands (105) – Areas that are inundated or saturated by surface water 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.
A-5 Rev. (11-18)

Rev. (11-18) A-6

Appendix B PUB 783 - Environmental Permitting Handbook
APPENDIX B
ACRONyMS
B-1 Rev. (11-18)

PUB 783 - Environmental Permitting Handbook Appendix B
Acronyms
401 WQC . . . . . . Water Quality Certification as required under Section 401 of the Clean Water Act
ATON . . . . . . . . Aids to Navigation
BMPs . . . . . . . . . Best Management Practices
BRPA . . . . . . . . . Bridge and Roadway Programmatic Agreement
CCD . . . . . . . . . . County Conservation District
CEE . . . . . . . . . . Categorical Exclusion Evaluation
CWA . . . . . . . . . Clean Water Act of 1977, as amended 1987
DCNR . . . . . . . . Pennsylvania Department of Conservation and Natural Resources
DM . . . . . . . . . . . PennDOT Design Manual
EA . . . . . . . . . . . Environmental Assessment
ECMTS . . . . . . . Environmental Commitments and Mitigation Tracking System
E&S . . . . . . . . . . Erosion and Sediment
EPA . . . . . . . . . . United States Environmental Protection Agency
FEMA . . . . . . . . Federal Emergency Management Agency
FHWA . . . . . . . . Federal Highway Administration
GP . . . . . . . . . . . General Permit
H&H . . . . . . . . . Hydrologic and Hydraulic
JP . . . . . . . . . . . . Joint Permit
JPA . . . . . . . . . . . Joint Permit Application
KEES . . . . . . . . . Keystone Environmental ePermitting System
MCM . . . . . . . . . Minimum Control Measure
MOU . . . . . . . . . Memorandum of Understanding
MPT . . . . . . . . . . Maintenance and Protection of Traffic
MS4 . . . . . . . . . . Municipal Separate Storm Sewer System
NEPA. . . . . . . . . National Environmental Policy Act of 1969
NOI . . . . . . . . . . Notice of Intent
NOT . . . . . . . . . . Notice of Termination
NOV. . . . . . . . . . Notice of Violation
NPDES. . . . . . . . National Pollutant Discharge Elimination System
NWP . . . . . . . . . Nationwide Permit
PADEP . . . . . . . Pennsylvania Department of Environmental Protection
PASPGP . . . . . . Pennsylvania State Programmatic General Permit
Rev. (11-18) B-2

Appendix B PUB 783 - Environmental Permitting Handbook
PCN . . . . . . . . . . Pre-Construction Notification
PCSM. . . . . . . . . Post Construction Stormwater Management
PE . . . . . . . . . . . . Professional Engineer
PennDOT . . . . . Pennsylvania Department of Transportation
PFBC . . . . . . . . . Pennsylvania Fish and Boat Commission
PGC . . . . . . . . . . Pennsylvania Game Commission
PHMC . . . . . . . . Pennsylvania Historical and Museum Commission
PNDI . . . . . . . . . Pennsylvania Natural Diversity Inventory
PPC . . . . . . . . . . Preparedness, Prevention, and Contingency
PTC . . . . . . . . . . Pennsylvania Turnpike Commission
QA/QC . . . . . . . Quality Assurance/Quality Control
RHA. . . . . . . . . . Rivers and Harbors Appropriation Act of 1899
RMA . . . . . . . . . Road Maintenance Activity
ROW . . . . . . . . . Right-of-Way
SCM . . . . . . . . . . Stormwater Control Measure
SHPO. . . . . . . . . State Historic Preservation Office
SLLA . . . . . . . . . Submerged Lands License Agreement
SMP . . . . . . . . . . Stormwater Management Plan
T&E . . . . . . . . . . Threatened and Endangered
USACE . . . . . . . United States Army Corps of Engineers
USCG. . . . . . . . . United States Coast Guard
USFWS . . . . . . . United States Fish and Wildlife Service
WOC . . . . . . . . . Waters of the Commonwealth
WOTUS . . . . . . . Waters of the United States
B-3 Rev. (11-18)

Appendix C PUB 783 - Environmental Permitting Handbook
APPENDIX C
CONTACT INFORMATION
C-1 Rev. (11-18)

PUB 783 - Environmental Permitting Handbook Appendix C
United States Army Corps of Engineers

Regional Office Locations
ERIE
WARREN MCKEAN SUSQUEHANNA

CRAWFORD TIOGA BRADFORD
POTTER
WAYNE
FOREST WYOMING
ELK CAMERON SULLIVAN LACKAWANNA
VENANGO LYCOMING
PIKE
MERCER
Baltimore
CLARION JEFFERSON CLINTON
COLUMBIA LUZERNE MONROE
LAWRENCE CLEARFIELD MONTOUR
BUTLER UNION
CENTRE
CARBON
_
^
ARMSTRONG NORTHUMBERLAND
State College
BEAVER Pittsburgh MIFFLIN
SNYDER
SCHUYLKILL
NORTHAMPTON
INDIANA LEHIGH
ALLEGHENY JUNIATA
Philadelphia
_
^ Pittsburgh
WESTMORELAND
CAMBRIA BLAIR
HUNTINGDON
PERRY DAUPHIN
LEBANON
BERKS
BUCKS
WASHINGTON CUMBERLAND MONTGOMERY
LANCASTER
GREENE
FAYETTE
SOMERSET
BEDFORD
FULTON FRANKLIN ADAMS
YORK
CHESTER
DELAWARE
_
^ PHILADELPHIA
Philadelphia
Pittsburgh District Baltimore District Philadelphia District

Corps of Engineers Corps of Engineers Corps of Engineers
Regulatory Division Pennsylvania Field Office Regulatory Branch
Federal Building, 20thFloor 1631 South Atherton Street, Suite 101 Wanamaker Building
1000 Liberty Avenue State College, PA 16801 100 Penn Square East
Pittsburgh, PA 15222 Phone: (814) 235-0571 Philadelphia, PA 19107
Phone: (412) 395-7155 Phone: (215) 656-6725
Rev. (11-18) C-2

Pennsylvania
Department of Environmental Protection
Regional Office Locations
ERIE

POTTER
Meadville WAYNE
FOREST WYOMING
VENANGO LYCOMING
PIKE
MERCER
JEFFERSON CLINTON Williamsport Wilkes-Barre
CLARION
COLUMBIA LUZERNE MONROE
LAWRENCE CLEARFIELD MONTOUR
UNION
BUTLER CENTRE
CARBON
SNYDER NORTHAMPTON
BEAVER MIFFLIN SCHUYLKILL
INDIANA LEHIGH
ALLEGHENY JUNIATA
CAMBRIA BLAIR
Pittsburgh PERRY DAUPHIN BERKS BUCKS
LEBANON
WESTMORELAND
HUNTINGDON MONTGOMERY
CUMBERLAND Harrisburg
WASHINGTON Norristown
BEDFORD LANCASTER
SOMERSET CHESTER
PHILADELPHIA
FAYETTE FULTON FRANKLIN ADAMS
YORK
GREENE
DELAWARE
Northwest Regional Office Northcentral Regional Office Northeast Regional Office

230 Chestnut Street 208 W. Third Street, Suite 101 2 Public Square
Meadville, PA 16335 Williamsport, PA 17701 Wilkes-Barre, PA 18711-0790
Phone: (814) 332-6984 Phone: (570) 327-0529 Phone: (570) 826-2511
Southwest Regional Office Southcentral Regional Office Southeast Regional Office

400 Waterfront Drive 909 Elmerton Avenue, Second Floor 2 East Main Street
Pittsburgh, PA 15222-4745 Harrisburg, PA 17110 Norristown, PA 19401
Phone: (412) 442-4315 Phone: (717) 705-4802 Phone: (484) 250-5970
C-3 Rev. (11-18)

3150-PM-BWEW0500C Rev. 4/2018

Delegated Programs
EXHIBIT C Chapter 105
• NPDES and E&S Permits
CONSERVATION DISTRICTS
• Adams County • Carbon County • Erie County
670 Old Harrisburg Rd., Suite 201 5664 Interchange Rd. 1927 Wager Rd.
Gettysburg, PA 17325 Lehighton, PA 18235 Erie, PA 16509
717-334-0636 610-377-4894 Ext. 4 814-825-6403
• Allegheny County • Centre County • Fayette County

33 Terminal Way, Suite 325B 414 Holmes Ave., Suite 4 10 Nickman Plaza
Pittsburgh, PA 15219 Bellefonte, PA 16823 Lemont Furnace, PA 15456
412-241-7645 814-355-6817 724-438-4497
• Armstrong County • Chester County Forest County

Armsdale Admin. Building Willowdale Town Center 526 Elm St., Box 4
124 Armsdale Rd., Suite B-2 688 Unionville Rd., Suite 200 Tionesta, PA 16353
Kittanning, PA 16201 Kennett Square, PA 19348 814-755-3560
724-548-3425 610-925-4920
• Franklin County
• Beaver County • Clarion County 185 Franklin Farm Lane
156 Cowpath Rd. 214 S. 7th Ave Chambersburg, PA 17202
Aliquippa, PA 15001 Clarion, PA 16214 717-264-5499
724-378-1701 814-297-7813
• Fulton County
• Bedford County • Clearfield County 216 N. Second St., Suite 15
702 W. Pitt St., Suite 4 6395 Clearfield Woodland Hwy McConnellsburg, PA 17233
Bedford, PA 15522 Suite 2 717-485-3547
814-623-7900 Ext. 4 Clearfield, PA 16830
814-765-2629 • Greene County
• Berks County 22 W. High St., Suite 204
1238 County Welfare Rd., Suite 200 • Clinton County Waynesburg, PA 15370-1839
Leesport, PA 19533 45 Cooperation Lane 724-852-5273
610-372-4657 Ext. 5 Mill Hall, PA 17751
570-726-3798 • Huntingdon County
• Blair County 10605 Raystown Rd., Suite A
1407 Blair St, • Columbia County Huntingdon, PA 16652
Hollidaysburg, PA 16648 702 Sawmill Rd., Suite 204 814-627-1627
814-696-0877 Ext. 5 Bloomsburg, PA 17815
570-784-1310 Ext. 5 • Indiana County
• Bradford County 625 Kolter Dr., Suite 8
Stoll Natural Resource Center • Crawford County Indiana, PA 15701
RR 5, Box 5030C, Woodcock Creek Nature Center 724-471-4751
Towanda, PA 18848 21742 German Rd.
570-265-5539 Ext. 6 Meadville, PA 16335 • Jefferson County
814-763-5269 1514 Route 28
• Bucks County Brookville, PA 15825
1456 Ferry Rd., Suite 704 • Cumberland County 814-849-7463
Doylestown, PA 18901 310 Allen Rd., Suite 301
215-345-7577 Carlisle, PA 17013 • Juniata County
717-240-7812 146 Stoney Creek Dr.
• Butler County Mifflintown, PA 17059
122 McCune Dr. • Dauphin County 717-436-8953 Ext. 5
Butler, PA 16001 1451 Peters Mountain Rd.
724-284-5270 Dauphin, PA 17018 • Lackawanna County
717-921-8100 1038 Montdale Rd., Suite 109
• Cambria County Scott, PA 18447
401 Candlelight Dr., Suite 221 • Delaware County 570-382-3086
Ebensburg, PA 15931 Rose Tree Park Hunt Club
814-472-2120 1521 N. Providence Rd. • Lancaster County
Media, PA 19063 1383 Arcadia Rd., Room 200
• Cameron County 610-892-9484 Lancaster, PA 17601-3149
20 E. Fifth St., Room 105 717-299-5361 Ext. 5
Emporium, PA 15834 • Elk County
814-486-9353 850 Washington St. • Lawrence County
St. Mary’s, PA 15857 430 Court St.
814-776-5373 New Castle, PA 16101
724-652-4512
Rev. (11-18) C-4

3150-PM-BWEW0500C Rev. 4/2018
• Lebanon County • Pike County • Westmoreland County

Lebanon Valley Ag. Center 556 Route 402 Center for Conservation Ed.
2120 Cornwall Rd., Suite 5 Hawley, PA 18428 218 Donohoe Rd.
Lebanon, PA 17042-9788 570-226-8220 Greensburg, PA 15601
717-272-3908 Ext. 4 724-837-5271
• Potter County
• Lehigh County 107 Market St. • Wyoming County
Lehigh Ag. Center, Suite 105 Coudersport, PA 16915 21 Hollowcrest Complex
4184 Dorney Park Rd. 814-274-8411 Ext. 4 Tunkhannock, PA 18657
Allentown, PA 18104 570-836-2589 Ext. 3
610-391-9583 • Schuylkill County
1206 AG Center Dr. • York County
• Luzerne County Pottsville, PA 17901 118 Pleasant Acres Rd.
325 Smiths Pond Rd. 570-622-3742 Ext. 5 York, PA 17402
Shavertown, PA 18708 717-840-7430
570-674-7991 • Snyder County
10541 Route 522
• Lycoming County Middleburg, PA 17842
542 County Farm Rd., Suite 202 570-837-3000 Ext. 0
Montoursville, PA 17754
570-433-3003 • Somerset County
6024 Glades Pike, Suite 103
• McKean County Somerset, PA 15501
17137 Route 6 814-445-4652 Ext. 5
Smethport, PA 16749
814-887-4001 • Sullivan County
9219 Route 487, Suite B
• Mercer County Dushore, PA 18614
24 Avalon Ct., Suite 300 570-928-7057
Mercer, PA 16137-5023
724-662-2242 • Susquehanna County
88 Chenango St.
• Mifflin County Montrose, PA 18801
20 Windmill Hill #4 570-278-2497
Burnham, PA 17009
717-248-4695 • Tioga County
1867 Shumway Hill Rd.
• Monroe County Wellsboro, PA 16901
8050 Running Valley Rd. 570-724-1801 Ext. 3
Stroudsburg, PA 18360
570-629-3060 • Union County
155 N. 15th St.
• Montgomery County Lewisburg, PA 17837
143 Level Rd. 570-524-3860
Collegeville, PA 19426
610-489-4506 • Venango County
1793 Cherrytree Rd.
• Montour County Franklin, PA 16323
14 E. Mahoning St. 814-676-2832
Danville, PA 17821
570-271-1140 • Warren County
4000 Conewango Ave.
• Northampton County Warren, PA 16365
Greystone Building. 814-726-1441
14 Gracedale Ave.
Nazareth, PA 18064 • Washington County
610-829-6276 2800 N. Main St., Suite 105
Washington, PA 15301
• Northumberland County 724-228-6774
441 Plum Creek Rd.
Sunbury, PA 17801 • Wayne County
570-495-4665 Ext. 4 Wayne Co. Park St. Complex
648 Park St.
• Perry County Honesdale, PA 18431
P.O. Box 36 570-253-0930
31 W. Main St.,
New Bloomfield, PA 17068
717-582-8988 Ext. 4
C-5 Rev. (11-18)

PADEP Delegated Programs for County Conservation Districts

Participation By County
County Ch. 102/NPDES Level PCSM Ch. 105

Adams 2
Allegheny 2 Yes
Armstrong 3
Beaver 2
Bedford 2
Berks 3 Yes Yes
Blair 2
Bradford 2 Yes
Bucks 3
Butler 2 Yes
Cambria 2 Yes
Cameron 2 Yes
Carbon 2
Centre 3 Yes
Chester 2 Yes - E
Clarion 2
Clearfield 2
Clinton 2 Yes
Columbia 2 Yes - E Yes
Crawford 2 Yes
Cumberland 3 Yes
Dauphin 2
Delaware 2 Yes #
Elk 2 Yes
Erie 2 Yes
Fayette 2
Forest 1
Franklin 2
Fulton 2
Greene 2 Yes
Huntingdon 2
Indiana 2 Yes
Jefferson 2 Yes Yes
Juniata 2
Lackawanna 2
Lancaster 3 Yes #
Lawrence 2
Lebanon 2
Rev. (11-18) C-6

PADEP Delegated Programs for County Conservation Districts

Participation By County
County Ch. 102/NPDES Level PCSM Ch. 105

Lehigh 3 Yes
Luzerne 2
Lycoming 2
McKean 2 Yes
Mercer 2 Yes
Mifflin 2
Monroe 3 Yes - E w/Pike Yes
Montgomery 2
Montour 2 Yes
Northampton 3
Northumberland 2
Perry 2
Philadelphia Does not have a conservation district
Pike 3 Yes - E w/Monroe Yes
Potter 2 Yes
Schuylkill 2
Snyder 2
Somerset 2
Sullivan 2
Susquehanna 2 Yes
Tioga 2 Yes
Union 2 Yes
Venango 2
Warren 2 Yes
Washington 2 Yes Yes*
Wayne 2 Yes
Westmoreland 3 Yes - E Yes
Wyoming 2
York 3
TOTALS 66 9 30
Level 1 1
Level 2 53
Level 3 12
Find Your District: https://pacd.org/?page_id=59
Level 1 - E&S plan review only * Partial Delegation GP-6 / 9

Level 2 - E&S plan review and site inspection # No Complaint Response
Level 3 - E&S plan review, site inspection, and enforcement E = Engineering Level Reviews
C-7 Rev. (11-18)

United States Coast Guard

Jurisdictional Districts
ERIE

POTTER
WAYNE
District 9 FOREST WYOMING
VENANGO
LYCOMING PIKE
MERCER CLINTON
JEFFERSON
CLARION LUZERNE
LAWRENCE CLEARFIELD
District 5 COLUMBIA
MONTOUR
MONROE
UNION
BUTLER CENTRE CARBON
SNYDER NORTHAMPTON
BEAVER MIFFLIN SCHUYLKILL
INDIANA
LEHIGH
ALLEGHENY JUNIATA
District 8 CAMBRIA BLAIR
PERRY
DAUPHIN
LEBANON
BERKS BUCKS
WESTMORELAND
HUNTINGDON MONTGOMERY
WASHINGTON CUMBERLAND
BEDFORD LANCASTER
SOMERSET CHESTER
PHILADELPHIA
FAYETTE FULTON FRANKLIN ADAMS
YORK
GREENE
DELAWARE
Ninth Coast Guard District Eighth Coast Guard District Fifth Coast Guard District
1240 East 9th Street 1222 Spruce Street Federal Building
Cleveland, OH 44199-2060 St. Louis, MO 63103-2398 431 Crawford Street
Phone: (216) 902-6085 Phone: (314) 539-3900, ext. 378 Portsmouth, VA 23704-5004
Phone: (757) 398-6222
Rev. (11-18) C-8

Commenting Agency Contact Information
Pennsylvania Department of Conservation and Natural Resources

(DCNR)
Bureau of Forestry
Ecological Services Section
400 Market Street
P.O. Box 8552
Harrisburg, PA 17105-8552
(717) 787-3444
Pennsylvania Fish and Boat Commission

(PFBC)
Division of Environmental Services
450 Robinson Lane
Bellefonte, PA 16823
(814) 359-5180
Pennsylvania Game Commission

(PGC)
Bureau of Wildlife Habitat Management
Division of Environmental Planning and Habitat Protection
2001 Elmerton Avenue
(717) 787-4250
Pennsylvania Historic and Museum Commission

(PHMC)
Bureau for Historic Preservation
Commonwealth Keystone Building
400 North Street, 2nd Floor
(717) 783-8946
United States Fish and Wildlife Service

(USFWS)
Pennsylvania Field Office
Endangered Species Section
110 Radnor Road, Suite 101
State College, PA 16801-7987
(814) 234-4090
C-9 Rev. (11-18)

Rev. (11-18) C-10

Appendix D PUB 783 - Environmental Permitting Handbook
APPENDIX D
USACE NAVIGABLE WATERS OF THE UNITED STATES

(SECTION 10 WATERS)
D-1 Rev. (11-18)

PUB 783 - Environmental Permitting Handbook Appendix D
United States Army Corps of Engineers

Navigable Waters of the United States
(Section 10 Waters)
ERIE
WARREN
MCKEAN SUSQUEHANNA
POTTER
WAYNE
VENANGO FOREST WYOMING

LYCOMING
PIKE
MERCER
JEFFERSON CLINTON
LAWRENCE CLARION COLUMBIA LUZERNE MONROE

CLEARFIELD MONTOUR
BUTLER UNION
CENTRE
ARMSTRONG CARBON
NORTHUMBERLAND
BEAVER SNYDER NORTHAMPTON
MIFFLIN SCHUYLKILL
INDIANA
LEHIGH
ALLEGHENY JUNIATA
CAMBRIA BLAIR
PERRY DAUPHIN BERKS
LEBANON BUCKS
WESTMORELAND
HUNTINGDON
CUMBERLAND MONTGOMERY
WASHINGTON
BEDFORD LANCASTER PHILADELPHIA
SOMERSET CHESTER
FAYETTE FULTON
GREENE FRANKLIN ADAMS YORK
DELAWARE
Allegheny River Crooked Creek Lake Erie, Erie Neshaminy Creek Schuylkill River
Harbor
Beaver River Crum Creek Ohio River Shenango River
Lehigh Canal
Chartiers Creek Darby Creek Pennypack Creek Susquehanna River
Lehigh River
Cheat River Delaware Canal Raccoon Creek Tenmile Creek
Little Beaver Creek
Chester Creek Delaware River Redbank Creek Tionesta Creek
Little Yellow Creek
Clarion River Elk Creek Harbor, Ridley Creek West Branch
Lake Erie Mahoning Creek Susquehanna River
Codorus Creek Schuylkill Navigation
Kiskimentas River Mahoning River Channel (Manayunk Yellow Creek
Conemaugh River Canal)
Monongahela River Youghiogheny River
Rev. (11-18) D-2

Appendix E PUB 783 - Environmental Permitting Handbook
APPENDIX E
MAINTENANCE PERMIT CONDITIONS
E-1 Rev. (11-18)

PUB 783 - Environmental Permitting Handbook Appendix E
1-8-2010
DEPARTMENT OF ENVIRONMENTAL PROTECTION

BUREAU OF WATERSHED MANAGEMENT
DIVISION OF WATERWAYS, WETLANDS AND STORMWATER MANAGEMENT
STANDARDS FOR BRIDGE CLEARANCE, CHANNEL IMPROVEMENT

AND BRIDGE REHABILITATION PROJECTS (PennDOT)
1. The following information shall be submitted concurrently to the Department of Environmental Protection
Regional Office listed on Exhibit B, the Pennsylvania Fish and Boat Commission “Division of Environmental
Services” listed on Exhibit A, and the Conservation District of the county in which the project is located not
less than 30 days in advance of initiating work.
a. A work schedule which includes: the roadway name/route and segment number, the stream name,
Chapter 93 designation, any in stream restrictions due to wild or stocked trout or migratory fish, and
the date work is to begin and end.
b. A location map showing each project location
c. A written description for each project including: dimensions of each structure, a complete narrative of
all of the proposed activities including measurements and quantities of materials to be removed or
placed.
d. A sketch plan for each site which includes/shows: all staging areas, access points/roadways to the
work area, all of the areas where work is to be done (including tree and brush removal), the upstream
and downstream limits of the proposed activities, a complete listing of the in-stream E&S BMPs to be
used and their locations.
e. A valid PNDI search receipt for each site including clearance letters from the appropriate agencies
indicating that the work will not adversely impact any species of concern.
Unless otherwise extended in writing work authorized in accordance with the procedures outlined above must
be completed within one year of the date of authorization.
Addresses for County Conservation Districts may be obtained from the Department of Environmental
Protection or may be found in local telephone directories.
2. The owner or permittee shall notify the appropriate Regional Office of DEP (Exhibit B), the Pennsylvania Fish
and Boat Commission’s Regional Headquarters (Exhibit A) and the appropriate County Conservation District
at least 10 days in advance of starting work at each location identified in the proposed work schedule.
3. The work schedule, project narrative and sketch plan shall be on site and in possession of the person in
charge whenever work is being performed. The, access points, limits of work and in-stream E&S BMPS that
are to be used must be clearly indicated on the sketch plan for each site and all activities must be completely
described within the project narrative.
4. All in-stream work is prohibited for the following except in emergencies. Emergency work must be approved
by the Department of Environmental Protection in consultation with the Pennsylvania Fish and Boat
Commission.
a. migratory fish (MF) during periods of fish migration or spawning

b. stocked trout streams between March 1 and June 15
c. wild trout streams between October 1 and December 31
d. as a part of any avoidance measures required within the PNDI clearance from 1.e.
A listing of stocked and wild trout streams can be found on the Pennsylvania Fish and Boat Commission web
page.
Rev. (11-18) E-2

1-8-2010
5. Where appropriate, instream rock structures may be installed to encourage stream cleaning and prevent
annual maintenance. These structures must be identified on the work schedule and sketch plan along with
supporting data being submitted under item No. 1 (above) for DEP approval.
6. Authorized work within the stream channel shall be limited to 50 feet upstream and 50 feet downstream from
the face of the bridge or culvert. Exceptions to this must be specifically identified in the proposed work
schedule and shown on the sketch plan along with supporting data being submitted under item No. 1 (above)
for DEP approval. In addition, work should be accomplished by working from the stream banks. In those
cases where this is not possible, the operation of equipment in the water is to be minimized.
7. When work involves repairs to piers, footers, wing walls, or retaining structures, the construction area should
be enclosed wherever possible within a cofferdam of sandbags or other non-erodible, non-polluting material.
Dewatering shall be done in such a manner as to prevent sedimentation from re-entering the stream.
8. Channels may be excavated to a width no greater than the natural unaffected width of the normal low flow
channel immediately upstream and downstream of the influence of the bridge or culvert. The remainder of the
channel width shall be maintained as an elevated flood plain and may not be excavated lower than six inches
above the water level at the time of work.
9. Material removed from the channel shall be disposed of at a location which precludes re-entry into the stream.
If material removed from the channel is needed for backfill or bank restoration, it should be faced to the
ordinary high water level with riprap suitably sized according to the anticipated stream velocity. All disturbed
areas above the level of the riprap must be stabilized (vegetative stabilization preferred). Excess excavated
material shall not be deposited in any wetland, river, lake, water course, floodway, floodplain or other regulated
waters of this Commonwealth without first applying for and receiving the written permit of the Department of
Environmental Protection.
10. Tree and shrub growth on stream banks shall not be disturbed unless absolutely necessary. Any areas of
vegetation to be removed must be described/justified in the project narrative and shown on the sketch plan.
11. If an access road is to be constructed, stormwater diversion shall be provided to assure that water will not flow
along the access road directly into the stream or the work area. The location of the access road must be
shown on the sketch plan submitted for approval along with the work schedule as outline in No. 1 above. No
wetlands may be impacted without first obtaining a permit from the Department. Earth disturbance shall be
kept to a minimum.
12. Erosion and sediment pollution control measures must be properly implemented and closely monitored to
minimize erosion and prevent sediment from entering the stream channel. The in-stream BMPs that are to be
used must be listed and their location shown on the sketch plan for each site. All BMPs shall be designed in
accordance with the latest edition of the Department’s Erosion and Sedimentation Pollution Control Manual or
PennDOT’s Publication 464 – Maintenance Field Reference for Erosion and Sedimentation Control. All
disturbed areas shall be permanently stabilized.
13. Where it is necessary for construction equipment to cross the stream, a temporary stream crossing shall be
provided by the permittee for this purpose unless the stream flow is shallow and the stream bed consists of
solid or non-erodible material. The temporary crossing must comply with the conditions of General Permit
BDWM-GP-8, Temporary Road Crossings. Any fill material provided for temporary crossings shall be clean
granular material and the entire fill area shall be kept to an absolute minimum elevation to avoid obstructing
flood flows and/or creating a backwater flooding condition. The Permittee is responsible for any damages
resulting from the obstruction of flood flows by this temporary stream crossing. Upon completion of the
project, the temporary crossing shall be removed in its entirety and the disturbed area shall be restored to the
original contours and stabilized with vegetation or other appropriate method as approved. Copies of, and
authorization to use, the BDWM-GP-8 are available from the Department offices listed on Exhibit B.
14. The Department shall have the discretion to require a separate individual permit application to be submitted
for any project or portion thereof, which the Department determines to have a potential significant effect on
safety or protection of life, health, property, or the environment.
E-3 Rev. (11-18)

1-8-2010
15. Bridge rehabilitation projects, including bridge superstructure replacements, are subject to the following
conditions:
a. No reduction of horizontal or vertical clearance of the structure will occur.

b. No widening of a substructure for superstructure replacement will occur.
c. No roadway grade will be altered, other than that required for normal resurfacing.
16. Paving metal bottom (pipe and arch) culverts are subject to the following additional conditions:
a. Work can be authorized by the Exx-9999 permit.

b. Divert upstream flow with a cofferdam and pump water via a conduit through the culvert. This
dewatering scheme must be included as a part of the items requested in item No. 1.
c. Clean out debris and silt as required.
d. Construct reinforced paving to a depth of 6” to 8”, as needed, and place riprap at the outlet end as
needed. Do not finish off concrete; leave the surface rough to allow turbulent flows and depositions.
Depth of water through the culvert after restoration of flow will approximate the natural stream
conditions. (Refer to attached “Curtain Wall and Apron Detail”.)
e. Allow concrete to harden enough to walk on, flush concrete with stream water, and pump rinse water
to an upland discharge location until the pH level of the rinse water falls below 9. pH must be
measured with a calibrated meter and not with pH paper. Upland discharge will preclude any reentry
of the rinse water into the stream and any erosion.
f. Remove cofferdam and restore stream flow. Seed and mulch as required in the approved E&S
Controls.
16. Streambed Paving for Small Structures with an open bottom 20’ wide or less are subject to the following
additional conditions:
a. Work must be authorized by either a “Small Projects” permit, a “General Permit No. 11” or a Standard
Joint Permit Application as required.
b. Follow the design criteria for depressed invert and baffle design as indicated on PennDOT BD 632M.
c. Divert upstream flow with a cofferdam and pump water via a conduit through the culvert. This
dewatering scheme must be included as a part of the items requested in item No. 1.
d. Clean out debris and silt as required.
e. Allow concrete to harden enough to walk on, flush concrete with stream water, and pump rinse water
to an upland discharge location until the pH level of the rinse water falls below 9. pH must be
measured with a calibrated meter and not with pH paper. Upland discharge will preclude any reentry
of the rinse water into the stream and any erosion.
f. Remove cofferdam and restore stream flow. Seed and mulch as required in the approved E&S
Controls.
17. Bridge cleaning should be done in accordance with the “Guidelines for PennDOT’s Bridge Cleaning
Operations” dated November 22, 1994 (or latest version) and in accordance with Chapter 2 of PennDOT
Publication 55 (as updated); whichever provides the more strict environmental control.
18. Bridge painting should be in accordance with the “Guidelines for Environmental Pollution Controls for Bridge
Painting Contracts”, Department of Transportation dated November 17, 1986 including revisions (latest
version), and in accordance with Chapter 3 of PennDOT Publication 55 (as updated), whichever provides the
more strict environmental control.
Rev. (11-18) E-4

1-8-2010
EXHIBIT A
FISH AND BOAT COMMISSION’S OFFICES
Headquarters Address County Responsibility
NORTHWEST REGION
Regional Manager Butler, Clarion, Crawford, Erie,

11528 Highway 98 Forest, Lawrence, Mercer, Venango
Meadville, PA 16335-7320 and Warren
814-337-0444
SOUTHWEST REGION
Regional Manager Allegheny, Armstrong, Beaver,

236 Lake Road Cambria, Fayette, Greene, Indiana,
Somerset, PA 15501-1644 Somerset, Washington and
814-445-8974 Westmoreland
NORTHCENTRAL REGION
Regional Manager Cameron, Centre, Clearfield,

P.O. Box 5306 Clinton, Elk, Jefferson, Lycoming,
Pleasant Gap, PA 16823 McKean, Montour, Northumberland,
814-359-5250 Potter, Snyder, Tioga and Union
SOUTHCENTRAL REGION
Regional Manager Adams, Bedford, Blair, Cumberland,

1704 Pine Road Dauphin, Franklin, Fulton,
Newville, PA 17241 Huntingdon, Juniata, Lebanon,
717-486-7087 Mifflin, Northumberland (Mahatango
Creek in Jordan and Lower Mahanoy
Townships only) Perry and York
SOUTHEAST REGION
Regional Manager Berks, Bucks, Chester, Delaware,

Box 8 Lancaster, Lehigh, Montgomery,
Elm, PA 17521 Northampton, Philadelphia and
717-626-0228 Schuylkill
NORTHEAST REGION
Regional Manager Bradford, Carbon, Columbia,

P.O. Box 88 Lackawanna, Luzerne, Monroe,
Sweet Valley, PA 18656 Pike, Sullivan, Susquehanna, Wayne
570-477-5717 and Wyoming
DIVISION OF ENVIRONMENTAL SERVICES

450 Robinson Lane, Bellefonte, PA 16823-9620
814-359-5147
E-5 Rev. (11-18)

EXHIBIT B
DEPARTMENT OF ENVIRONMENTAL PROTECTION

REGIONAL OFFICES
PERMITTING AND TECHNICAL SERVICES SECTION
Regional Office County Responsibility
Southcentral Regional Office Adams, Bedford, Berks, Blair, Cumberland,

909 Elmerton Avenue, Second Floor Dauphin, Franklin, Fulton, Huntingdon,
Harrisburg, PA 17110 Juniata, Lancaster, Lebanon, Mifflin, Perry
(717) 705-4707 and York
Southeast Regional Office Bucks, Chester, Delaware, Montgomery and

2 East Main Street Philadelphia
Norristown, PA 19401
(484) 250-5970
Southwest Regional Office Allegheny, Armstrong, Beaver, Cambria,

400 Waterfront Drive Fayette, Greene, Indiana, Somerset,
Pittsburgh, PA 15222-4745 Washington and Westmoreland
(412) 442-4000
Northwest Regional Office Butler, Clarion, Crawford, Elk, Erie, Forest,

230 Chestnut Street Jefferson, Lawrence, McKean, Mercer,
Meadville, PA 16335 Venango and Warren
(814) 332-6984
Northeast Regional Office Carbon, Lackawanna, Lehigh, Luzerne,

2 Public Square Monroe, Northampton, Pike, Schuylkill,
Wilkes-Barre, PA 18711-0790 Susquehanna, Wayne and Wyoming
(570) 826-2511
Northcentral Regional Office Bradford, Cameron, Centre, Clearfield,

208 W. Third Street, Suite 101 Clinton, Columbia, Lycoming, Montour,
Williamsport, PA 17701 Northumberland, Potter, Snyder, Sullivan,
(570) 327-3574 Tioga and Union
Central Office
Bureau of Watershed Management

Division of Waterways, Wetlands and Stormwater Management
P.O. Box 8775
717-787-6827
Rev. (11-18) E-6

Appendix F PUB 783 - Environmental Permitting Handbook
APPENDIX F
CHAPTER 105
GENERAL PERMIT QUICK REFERENCE GUIDE
F-1 Rev. (11-18)

Rev. (11-18)
Applicability of GP's Where There Are:
(EV)
mile
re
Q)
t er s
H
ou t
squa
ivers
eolo
e Wa
En
ters (
es
Chapter 105 General Permit
d
ild Tr
n
nic R
ma r k
urces gical
r
ms
way
ea > 1
y Wa
l Valu
A c ha
Speci dangered
nd
r
Quick Reference Guide
n ed a
Re s o
d Sce
s
Strea
iona
ge Ar
Flood
n
nds
te
a
m
ric or
a
Qualit
ral La
k ed o
H is to
Threa
Excep
High
Stoc
Wild
Natu
Drain
FEMA
Wetla
Strea
GP-1 Fish Habitat and Enhancement Structures No No Yes Yes Δ No No Yes Yes No Yes
GP-2 Small Docks & Boat Launching Ramps No No No Yes Δ No No Yes Yes Δ Yes
Bank Rehabilitation, Bank Protection and Gravel Bar

GP-3 No No Δ Yes Δ No No Yes Yes No
Removal Δ
GP-4 Intake and Outfall Structures No Yes No No Δ No No Yes Δ No Yes
F-2
GP-5 Utility Line Stream Crossings No No No Yes Δ No No Yes Yes Δ Yes
GP-6 Agricultural Crossings and Ramps No Yes No Yes Δ Yes No Yes Yes Δ Yes
GP-7 Minor Road Crossings No No No Yes Δ No No No No Δ Δ

GP-8 Temporary Road Crossings No No Yes Yes Δ Yes No Yes Yes Δ Δ
GP-9 Agricultural Activities No No Yes Yes Yes Yes No No Yes Δ Yes
Maintenance, Testing, Repair, Rehabilitation or

GP-11 No No Yes Yes Δ Yes Yes Yes Yes
Replacement of Water Obstructions and Encroachments Δ Δ
Δ = GP Permit Conditions, see GP for specifics
Yes = GP Can Be Used
No = GP Cannot be used
Note: This guide is for general reference only. Read each permit to be sure you meet all the requirements conditions set forth in the permit.
Appendix F
Appendix G PUB 783 - Environmental Permitting Handbook
APPENDIX G
SLLA STREAM LIST
G-1 Rev. (11-18)

PUB 783 - Environmental Permitting Handbook Appendix G
COMMONWEALTH OF PENNSYLVANIA
Department of Environmental Protection
Bureau of Watershed Management
January 23, 2004
717-787-6827
SUBJECT: SLLA Stream Lists
TO: County Conservation District Staff

Soils and Waterways Section Chiefs
Division of Waterways, Wetlands, and Erosion Control
Bureau of Waterways Engineering
FROM: Alissa Myers f.:40\

Division of Waterways, Wetlands and Erosion Control
Attached are the SLLA stream lists entitled "DEP's Lists of Streams Subject to the Submerged
Lands License Program." This attachment includes the following three stream lists: The
Public Highway List (same list as previously provided to you but in an easier to read format),
the US Army Corps of Engineers List, and a list based on previous legal analysis, and
historical research (Oberdorfer's list) and/or Pennsylvania court decisions. These three lists
are the only lists we should be using to determine which Commonwealth waters require a
submerged lands license. The cover sheet explains what the lists are used for and contains
important legal disclaimer language. These lists with the cover sheet are available to the
public upon request. If you are asked for a list of the streams subject to the submerged lands
licensing program list, please provide all three lists with the attached cover sheet.
Please share this with anyone in your office that should be made aware of it.
If you have any questions or need further assistance feel free to email or call me at
717-772-5966.
Enclosures
cc: Meg Murphy
Rev. (11-18) G-2

DEP'S LISTS OF STREAMS SUBJECT TO

THE SUBMERGED LANDS LICENSE
PROGRAM
September 2003
DRAFT
The Department of Environmental Protection is the agency charged with administering the
Submerged Lands License Agreement (SLLA) Program under the Darn Safety and Encroachments
Act, 32 P.S. Section 693.15, and Section 514 of The Administrative Code, 71 P.S . 194. The
Department utilizes the attached lists in administering the SLLA program. These lists should be
treated as a starting point for determining if a stream is subject to the SLLA requirements under the
Dam Safety and Encroachments Act and as a listing of those streams for which the Commonwealth
may claim ownership of the associated submerged lands. These lists were compiled by the
Department over time from various sources and are based upon what the Department considers to be
reliable and persuasive evidence of Commonwealth ownership of the submerged lands associated
with the streams listed. The lists are not a final determination of the legally navigable streams in
Pennsylvania. Moreover, there may be streams not listed herein, which are navigable in fact, and
therefore subject to a Commonwealth claim of ownership of the associated submerged lands.
G-3 Rev. (11-18)

Rev. (11-18) G-4

Rev. (11-18) G-5

G-6 Rev. (11-18)

Rev. (11-18) G-7

G-8 Rev. (11-18)

Rev. (11-18) G-9

G-10 Rev. (11-18)

Rev. (11-18) G-11

G-12 Rev. (11-18)

Rev. (11-18) G-13

G-14 Rev. (11-18)

Rev. (11-18) G-15

G-16 Rev. (11-18)

Rev. (11-18) G-17

G-18 Rev. (11-18)

Rev. (11-18) G-19

G-20 Rev. (11-18)

Rev. (11-18) G-21

G-22 Rev. (11-18)

Rev. (11-18) G-23

G-24 Rev. (11-18)

Rev. (11-18) G-25

G-26 Rev. (11-18)

Rev. (11-18) G-27

G-28 Rev. (11-18)

Rev. (11-18) G-29

APPENDIX II
STREAMS DECLARED NAVIGABLE BY

THE U.S. ARMY CORPS OF ENGINEERS
Ohio River and Tributaries*
Jurisdiction
Stream Location Miles Above Mouth
Ohio River (head to mile 127.2 Beaver, Alleghany Co. 127.2

Chartiers Creek Alleghany Co. 1.9
Beaver River (entire Length) Beaver, Lawrence, Mercer Co. 21.5
Mahoning River (Tributary of Lawrence Co.
Beaver River) 41.0
Shenango River (Tributary of Lawrence Co.
Beaver River) 1.8
Raccoon Creek Beaver, Washington Co. 1.8
Little Beaver Creek Beaver Co. 1.0
Little Yellow Creek Butler Co. 0.4
Yellow Creek Butler Co. 2.5
Island Creek Beaver Co. 0.2
Monongahela River and Tributaries*
Jurisdiction
Monogahela River Entire Length, Mouth to

Fairmount, WV 128.7
Youghiogheny River Allegheny, Westmoreland,
Fayette Co. 31.2
Tenmile Creek Washington, Greene Co 2.7
Cheat River Fayette Co. 3.4
G-30 Rev. (11-18)

Alleghany River and Tributaries
Jurisdiction
Alleghany River Mouth to Olean, N.Y. 257.6

Kiskminitas River Armstrong, Westmoreland Co. 26.8
Conemaugh River Tributary of Indiana, Westmoreland,
Kiskiminitas River Cambria, Somerset Co. 51.7
Crooked Creek Armstrong Co. 1.5
Mahoning Creek Armstrong Co. 1.4
Redbank Creek Clarion, Armstrong Co. 1.5
Clarion River Clarion, Jefferson Co. 90.0
Tionesta Creek Forest Co. 0.3
Delaware River and Tributaries
Jurisdiction
Delaware Bay and River Atlantic Ocean to Hancock, N.Y. 333

Chester River Chester, Pa. 2
Crum Creek Eddystone, Pa. 1
Darby Creek Between Delaware and
Phildaelphia Counties, Pa. 5
Neshaminy Creek Croudon, Bucks Co., Pa. 4
Pennypack Creek Torresdale Philadelphia Co. Pa.1 2
Ridley Creek Chester, Pa.2 1
Schuylkill River Port Carbon, Pa. 110
* In addition to the streams or portions listed, the Pittsburgh District of the Army Corps of
Engineers currently has under study 102 additional streams or additional reaches of streams
already listed, for potential designation as navigable.
1. Downstream side of Frankford Avenue Bridge in Philadelphia is considered the head of

navigation
2.` Upstream side of Baltimore & Ohio R.R> Bridge in Chester, Pa., is considered the head of
navigation.
Rev. (11-18) G-31

Susquehanna River and Tributaries
Waterway Location and Jurisdiction

Susquehanna River From mouth to Lock Haven, Pa. on the West
Branch and Athens, Pa. on the North
Branch
Codorus Creek York County from the mouth to the forks.
Lake Erie and Tributaries
Waterway Location and Jurisdiction

Erie Harbor Erie, Pa., including entrance channel.
Lake Erie Ohio State boundary to New York State
boundary.
Elk Creek Harbor, Lake Erie Outer end of proposed East Breakwater to
Upstream limit of Federal Project, 0.5 Miles.
Source: United States Army Corps of Engineers, Pittsburgh, Philadelphia, Baltimore and Buffalo District
Offices
G-32 Rev. (11-18)

Rachel Carson State Office Building

P.O. Box 8775
November 25, 2003
Bureau of Watershed Management 717-787-6827
STREAM BEDS OWED BY THE COMMONWEALTH

The beds of the following waterways have been found through legal analysis, historical research
and/or in Pennsylvania court decisions to be submerged lands of the Commonwealth.
Allegheny River
Bald Eagle Creek
Beaver River and its “principal branches” (Shenango River & Mahoning River)
Big Beaver Creek
Big Mahoning Creek
Big Sandy Creek
Big Schuylkill Branch
Black Lick Creek
Brandywine Creek
Brokenstraw Creek
Cheat River
Chester Creek
Clearfield Creek
Clarion River
Conococheague Creek (aka Conecocheague Creek)
Conodoguinet Creek (aka Conedoguinet Creek)
Conemaugh River
Conneaut lake
Cowanesque River
Delaware River
Dow Creek
Driftwood Branch of Sinnemahoning (aka Driftwood Branch of Sinnamahoning)
Dunning’s Creek
Eastern Branch of Schuylkill
Frankstown Branch of Juniata
French Creek
Gallows Run
Juniata River
Kettle Creek
Kinzua Creek
Kiskimimitas River (aka Kiskeminitas River)
Lackawanna River
Lackawaxen River
Lehigh River
Rev. (11-18) G-33

Leboeuf Creek (aka LeBeouf Creek)

Little Conemaugh River
Little Juniata River
Little Schuylkill River
Loyalsock Creek
Lycoming Creek
Mahanoy Creek
Mahoning River
Monongahela River
Muncy Creek
North Branch of Sinnemahoning Creek (aka North Branch of Sinnamahoning Creek)
North Branch of Susquehanna River
Ohio River
Oil Creek
Penns Creek (aka Penn’s Creek)
Pine Creek
Quittapahilla Creek (aka Quetapahilla Creek)
Raystown Branch of Juniata
Redbank Creek (aka Red Bank Creek)
Schuylkill River
Shawanese Cabin Creek (possibly Shawnee Branch)
Shenango River
Sherman Creek (aka Sherman’s Creek)
Sinnemahoning Creek and “it’s branches” (aka Sinnamahoning Creek and “it’s branches”)
Stoneycreek River (aka Stoney Creek River)
Susquehanna River
Swatara Creek
Tioga Creek
Tionesta Creek
Toby’s Creek (Clarion River?)
Tuscarora Creek
West Branch of Juniata River
West Branch of Susquehanna River
West Branch of Schuylkill
Youghiogeny River
G-34 Rev. (11-18)

Rev. (11-18) G-35

Appendix H PUB 783 - Environmental Permitting Handbook
APPENDIX H
PERMIT SCENARIO SKETCHES
H-1 Rev. (11-18)

PUB 783 - Environmental Permitting Handbook Appendix H
Rev. (11-18) H-2

H-3 Rev. (11-18)

Rev. (11-18) H-4

H-5 Rev. (11-18)

Rev. (11-18) H-6

H-7 Rev. (11-18)

Rev. (11-18) H-8

H-9 Rev. (11-18)

£
£
£
Rev. (11-18) H-10

H-11 Rev. (11-18)

Rev. (11-18) H-12

H-13 Rev. (11-18)

Rev. (11-18) H-14

Appendix I PUB 783 - Environmental Permitting Handbook
APPENDIX I
2008 MITIGATION RULE/

GENERAL MITIGATION PLAN COMPONENTS
I-1 Rev. (11-18)

PUB 783 - Environmental Permitting Handbook Appendix I
U.S. ARMY CORPS OF ENGINEERS
2008 MITIGATION RULE/GENERAL MITIGATION PLAN COMPONENTS
1. OBJECTIVES: A statement of what the mitigation is planned to achieve (e.g., to offset and mitigate for
_________acres of permanent impacts to forested wetland, associated with the construction of _____).
2. SITE PROTECTION INSTRUMENT: Explain how the mitigation site and the completed work will be
protected, including ownership, deed restrictions, restrictive covenants, etc…. For mitigation projects
where PennDOT owns the site, there is a template with PennDOT Central Office available.
3. BASELINE INFORMATION: Project location, delineation of existing aquatic resources, soils mapping,
site photos and relevant mapping, PNDI search, determination of cultural resources and required
clearances, all should be included in the baseline information set.
4. WORK PLAN: This includes mitigation construction plans, E&S plans, construction scheduling, and
other information describing how the mitigation area will be constructed/treated.
5. MAINTENANCE PLAN: If there are artificial water control structures or other facilities requiring
maintenance, a schedule for maintenance, and the organization responsible for maintenance should
be identified here.
6. PERFORMANCE STANDARDS: These include provisions for as-built conditions, and establishes
milestones for the mitigation site. Area of wetlands created or restored, vegetational succession
benchmarks measured in stem density or aerial coverage are examples of performance standards
required in the mitigation plan.
7. MONITORING REQUIREMENTS: This is the proposed schedule for monitoring the mitigation work
to ensure that performance standards are being met. Monitoring protocol, schedules, and parties
responsible for conducting monitoring would be noted here.
8. FINANCIAL ASSURANCES: The permit applicant would describe how the site will be protected
financially and how any remedial or repair work would be financed. Programmatically, the USACE
will accept PennDOT ownership as a financial assurance provided the Division responsible for
maintaining these sites is identified.
9. SITE SELECTION FACTORS: The mitigation plan should describe how the location was selected as
a mitigation site. This discussion would include watershed considerations, suitability of the site for
mitigation work, landscape and topographical considerations, and additional information such as
hydrology source and water budget.
10. CREDIT DETERMINATION: A suitable credit determination discussion would demonstrate that the
planned mitigation effectively mitigates for the reported impacts. A functional assessment of impacts
balanced against an assessment of the planned mitigation should indicate at least no net loss of aquatic
functions and services.
11. LONG-TERM MANAGEMENT PLAN: This section identifies any long-term management obligations
required for operation or maintenance of the mitigation project. If water levels are to be manipulated,
a schedule of treatments would be included.
12. ADAPTIVE MANAGEMENT PLAN: If performance standards are not met or if the site fails to attain
the project objectives, a plan for performing repairs, replacing failed plantings, or control of invasive
plant species should be included.
Provided by John Gibble, USACE
Rev. (11-18) I-2

Appendix J PUB 783 - Environmental Permitting Handbook
APPENDIX J
E&S POLLUTION CONTROL PLAN

AND PCSM PLAN REFERENCES
J-1 Rev. (11-18)

PUB 783 - Environmental Permitting Handbook Appendix J
EROSION AND SEDIMENT POLLUTION CONTROL PLAN REFERENCES
STANDARDS
Plan Drawings and Narrative
Publication 13M, PennDOT Design Manual Part 2 - Chapter 13.6, Preparation and Processing of
Erosion and Sediment Pollution Control
Publication 14M, PennDOT Design Manual Part 3 - Chapter 6.2, Erosion and Sediment Pollution
Control Plans
Publication 584, PennDOT Drainage Manual - Chapter 12.3C, Erosion and Sediment Pollution
Control (E&SPC) Plan
PADEP Erosion and Sediment Pollution Control Manual (2012)
Chapter 1 – Required E&S Plan Content

Appendix C - Standard Plan Notes
Appendix D - Standards for Maps and Drawings (not PennDOT Specific)
Design Standards for BMPs
Publication 13M, PennDOT Design Manual Part 2 - Chapter 13; Sections 13.2 to 13.5
Publication 584, PennDOT Drainage Manual - Chapter 12; Sections 12.3 to 12.6
Publication 464, Maintenance Field Reference for Erosion and Sedimentation Control
PADEP Erosion and Sediment Pollution Control Manual (2012) - Chapters 4 to 9
Riparian Buffer
Standard Worksheets
PADEP Erosion and Sediment Pollution Control Manual (2012) - Appendix B
Construction Details & Specifications
Publication 72M, PennDOT Roadway Construction Standards - RC-70 to RC-78
Publication 408, PennDOT Construction Specifications - Sections 802 to 875
Bulletin 15 (Publication 35), PennDOT Qualified Products List for Construction -

Sections 735 to 738, 802 to 868
PADEP Erosion and Sediment Pollution Control Manual (2012)
Chapters 4 to 9
Appendix B – Standard E&S Worksheets
Rev. (11-18) J-2

REGULATIONS/POLICIES
Pennsylvania Code
Title 25, Pennsylvania Code - Chapter 102, Erosion and Sediment Control
Title 25, Pennsylvania Code - Chapter 92a, National Pollutant Discharge Elimination System
Permitting, Monitoring and Compliance
Riparian Buffers
PADEP Document 310-2135-002: Riparian Buffer or Riparian Forest Buffer Equivalency

Demonstration
PADEP Document 310-2135-003: Riparian Buffer or Riparian Forest Buffer Offsetting
Road Maintenance Activities
Publication 584, PennDOT Drainage Manual - Chapter 12, Appendix E
CHECKLISTS
E&S Plan Checklists
PADEP Erosion and Sediment Pollution Control Manual (2012) - Appendix A

Complete Plan Checklist
Standard E&SPC Controls Plan Technical Review Checklist
Expanded E&SPC Control Plan Technical Review Checklist
NPDES Applicant Checklist
NPDES Permit for Stormwater Discharges Associated with Construction Activities (2017)
J-3 Rev. (11-18)

POST CONSTRUCTION STORMWATER MANAGEMENT PLAN REFERENCES
STANDARDS
Plan Drawings and Narrative
Publication 13M, PennDOT Design Manual Part 2 - Chapter 13.7, Antidegredation and Post
Construction Stormwater Management
Publication 584, PennDOT Drainage Manual - Chapter 14, Post-Construction Stormwater

Management
Publication 14M, PennDOT Design Manual Part 3
Design Standards for BMPs
Pennsylvania Stormwater BMP Manual (2006) - Chapters 5, 6
Publication 13M, PennDOT Design Manual Part 2 - Chapter 13.7, Antidegredation and Post
Publication 584, PennDOT Drainage Manual - Chapter 14; Sections 14.1 to 14.19
Standard Worksheets
Pennsylvania Stormwater BMP Manual (2006) - Chapter 8.8
Construction Details & Specifications
Pennsylvania Stormwater BMP Manual (2006) - Chapter 5 & 6, Design Guidance for Non-Structural
and Structural BMPs (not PennDOT specific)
Publication 408, PennDOT Construction Specifications – Construction Specifications
Publication 72M, PennDOT Roadway Construction Standards
REGULATIONS/POLICIES
Pennsylvania Code
Title 25, Pennsylvania Code - Chapter 92a, National Pollutant Discharge Elimination System
Permitting, Monitoring and Compliance
Title 25, Pennsylvania Code - Chapter 93, Water Quality Standards
Title 25, Pennsylvania Code - Chapter 102, Erosion and Sediment Control
Rev. (11-18) J-4

PennDOT PCSM Policy
Publication 13M, PennDOT Design Manual Part 2 - Chapter 13.7, Antidegradation and Post
Riparian Buffers
PADEP Document 310-2135-002: Riparian Buffer or Riparian Forest Buffer Equivalency

Demonstration
PADEP Document 310-2135-003: Riparian Buffer or Riparian Forest Buffer Offsetting
CHECKLISTS
NPDES Applicant Checklist
The Site Design Checklist for Comprehensive Stormwater Management
Pennsylvania Stormwater BMP Manual (2006) - Chapter 4.2
J-5 Rev. (11-18)

Rev. (11-18) J-6

Appendix K PUB 783 - Environmental Permitting Handbook
APPENDIX K
CHAPTER 105 QA/QC CHECKLISTS
K-1 Rev. (11-18)

PUB 783 - Environmental Permitting Handbook Appendix K
EXX-9999 PERMIT
EP-1 (9-18)
www.penndot.gov
REGISTRATION CHECKLIST
Project Name
Date MPMS Township/County
PennDOT District Permit Preparer
PennDOT Reviewer Date
PennDOT Maintenance Reviewer Date
Reviewer Check Box: C = Compliant, D = Deficient
Reviewer
Preparer N/A Item
C D
Project meets the conditions of a Maintenance Permit*
Proposed E&S control measures meet Chapter 102 requirements
Project Narrative: dimensions of structure
Project Narrative: description of all proposed activities
Project Narrative: stream name, Chapter 93 Designated Use and Existing Use
Project Narrative: measurements and quantities of materials to be removed or placed
USGS Project Location Map: project site identified
USGS Project Location Map: north arrow and scale bar
Project Photographs
Wetland Delineation Report
Sketch Plan: all staging areas shown
Sketch Plan: access points/roadways to the work area
Sketch Plan: all areas where work will be done (including tree and brush removal)
Sketch Plan: upstream and downstream limits of proposed activities
Work Schedule: roadway name/route and segment number
Work Schedule: no conflicts with in-stream restrictions due to wild or stocked trout or
migratory fish
Work Schedule: start and end dates for scheduled work
PNDI Search Receipt: timeframe valid for project construction
PNDI Search Receipt: project area properly defined
PNDI Search Receipt: clearance letters from appropriate agencies indicating no adverse impacts
to species of concern
ATON Plan Approval (if applicable)
* Maintenance Permit Conditions can be found in Appendix E of the Environmental Permitting Handbook
Rev. (11-18) K-2

CHAPTER 105 GENERAL PERMIT 11

EP-2 (8-16)
www.penndot.gov
Project Name
Date MPMS No. Township/County
General
Reviewer
Preparer N/A Item
C D
Registration checked for consistency and accuracy (resource type, resource name, impact
numbers, etc.)
Date of pre-app meeting, if held:
Proposed activity meets the permit conditions
Registration does not include multiple sites that should be authorized separately
Project includes Reporting Activity requiring USACE review (more than 0.5 acre impact to
waters/wetlands per single and complete project, more than 0.1 acre permanent conversion of
forested and/or scrub shrub wetland per single and complete project, or more than 250 linear feet
impact to streams)
Have confirmed that the project will not adversely affect archaeological/cultural/historic resources
PASPGP-5 Reporting Activity (If Applicable)

Reviewer
Preparer N/A Item
C D
PHMC correspondence; clearance letter if applicable
Supporting wetland data
Mitigation plans
PennDOT-USACE approved template for deed restrictions and easements
General Information Form

Reviewer
Preparer N/A Item
C D
All portions of GIF complete
Reported earth disturbance area agrees with E&S plans
All adjoining property owners listed
Project Inventory Form completed and attached
Bridge and/or Culvert Replacement Projects or Projects That Change The Waterway Opening
Form completed and attached
K-3 Rev. (11-18)

CHAPTER 105 GENERAL PERMIT

EP-3 (8-16)
www.penndot.gov
Project Name
General
Reviewer
Preparer N/A Item
C D
Registration checked for consistency and accuracy (resource type, resource name, impact
numbers, etc.)
Date of pre-app meeting, if held:
Proposed activity meets the permit conditions
Current County Conservation District application completed and included if registration will be
reviewed by a delegated County Conservation District
Project includes Reporting Activity requiring USACE review (more than 0.5 acre (both temporary
and permanent) impact to waters/wetlands per single and complete project, more than 0.1 acre
permanent conversion of forested and/or scrub shrub wetland per single and complete project, or
more than 250 linear feet impact to streams)
Have confirmed that the project will not adversely affect archaeological/cultural/historic resources
PASPGP-5 Reporting Activity (If Applicable)

Reviewer
Preparer N/A Item
C D
NHPA Section 106 clearance required
Supporting wetland data
Mitigation plans
PennDOT-USACE approved template for deed restrictions and easements
General Permit Registration Form (Section/Attachment # _______ )

Reviewer
Preparer N/A Item
C D
Most recent version of General Permit Registration Form used
All portions of General Permit Registration Form complete
Signature included on page 4 (original signature if sending paper copy of permit)
Additional Impacts Associated with Project Work Site form (or equivalent) completed and attached
Rev. (11-18) K-4

EXX-9999 PERMIT
EP-1 (9-18)
www.penndot.gov
Project Name
Reviewer
Preparer N/A Item
C D
Project meets the conditions of a Maintenance Permit*
Proposed E&S control measures meet Chapter 102 requirements
Project Narrative: dimensions of structure
Project Narrative: description of all proposed activities
Project Narrative: stream name, Chapter 93 Designated Use and Existing Use
Project Narrative: measurements and quantities of materials to be removed or placed
USGS Project Location Map: project site identified
USGS Project Location Map: north arrow and scale bar
Project Photographs
Wetland Delineation Report
Sketch Plan: all staging areas shown
Sketch Plan: access points/roadways to the work area
Sketch Plan: all areas where work will be done (including tree and brush removal)
Sketch Plan: upstream and downstream limits of proposed activities
Work Schedule: roadway name/route and segment number
Work Schedule: no conflicts with in-stream restrictions due to wild or stocked trout or
migratory fish
Work Schedule: start and end dates for scheduled work
PNDI Search Receipt: timeframe valid for project construction
PNDI Search Receipt: project area properly defined
PNDI Search Receipt: clearance letters from appropriate agencies indicating no adverse impacts
to species of concern
ATON Plan Approval (if applicable)
* Maintenance Permit Conditions can be found in Appendix E of the Environmental Permitting Handbook
K-5 Rev. (11-18)

Rev. (11-18) K-6

Appendix L PUB 783 - Environmental Permitting Handbook
APPENDIX L
CHAPTER 102 QA/QC CHECKLISTS
L-1 Rev. (11-18)

PUB 783 - Environmental Permitting Handbook Appendix L
CHAPTER 102 EROSION & SEDIMENT (E&S)

EP-5 (8-16)
www.penndot.gov
CONTROL PERMIT APPLICATION CHECKLIST
Project Name

Item Location: D = E&S Drawings, N = E&S Narrative, or D&N = Drawings and Narrative; include page numbers where applicable
Project Site Topography

Reviewer
Preparer Item Location Comments
C D
Legible mapping
Existing contours
Type of cover
Existing improvement, e.g., roads,

buildings, utilities, etc.
Sufficient surrounding area detail
Complete mapping symbols: Legend,
North Arrow, Graphic Scale
Location Map, i.e. USGS topographic
map
Erosion and Sediment Pollution Control Plan

Reviewer
C D
Documentation provided that E&S
Plan was prepared by person trained
and experienced in E&S pollution
control methods and techniques
applicable to size scope of project
E&S Plan minimizes extent and
duration of earth disturbance
E&S Plan maximizes protection
of existing drainage features
and vegetation
E&S Plan minimizes soil compaction
E&S Plan utilizes other measures or

controls that minimize stormwater
runoff
Areas authorized under Sect. 404
of Clean Water Act excluded from
permit boundary
E&S Plan addresses time of year
construction constraints and
stabilization requirements
Rev. (11-18) L-2

Appendix L PUB 783 - Environmental Permitting Handbook
CHAPTER 102 NPDES GENERAL PERMIT

EP-6 (8-16)
www.penndot.gov
APPLICATION CHECKLIST
Project Name

Item Location: DE=E&S Drawings, NE=E&S Narratives, DS=PCSM Drawings, NS=PCSM Narrative; include page numbers where
applicable.
E&S and PCSM Completeness Review

General
Reviewer
C D
Fully completed, properly signed,
and notarized Notice of Intent Form
(1 original and 2 copies)
Proof of receipt of municipal and
county Acts 14, 67, 68, and 127
notifications; copies of certified mail
receipts or acknowledgment letters
from the local municipality and
county government
PNDI Project Environmental Review
Receipt signed and included with
properly defined project area
PNDI valid for project timeframe
Agency coordination and clearance

letters included if there are potential
impacts (if adverse effect, not eligible
for NPDES GP)
Complete Erosion & Sediment
Control Plans
Complete Post Construction
Stormwater Management Plan
Appendix A land use questions

Reviewer
C D
E&S Plan separate from PCSM Plan,
labeled E&S or Erosion and
Sediment Pollution Control Plan, and
final plan for construction
Documentation provided that E&S
Plan was prepared by person trained
& experienced in E&S pollution
control methods; techniques
applicable to size & scope of project
L-3 Rev. (11-18)

PUB 783 - Environmental Permitting Handbook Appendix L
CHAPTER 102 NPDES INDIVIDUAL PERMIT

EP-7 (8-16)
www.penndot.gov
APPLICATION CHECKLIST
Project Name

Item Location: DE = E&S Drawings, NE = E&S Narrative, DS = PCSM Drawings, NS = PCSM Narrative; include page numbers
where applicable
E&S and PCSM Completeness Review

General
Reviewer
C D
Fully completed, properly signed,
and notarized Notice of Intent Form
(1 original and 2 copies)
Proof of receipt of municipal and
county Acts 14, 67, 68, and 127
notifications; copies of certified mail
receipts or acknowledgment letters
from the local municipality and
county government.
PNDI Project Environmental Review
Receipt signed and included with
properly defined project area
PNDI valid for project timeframe
Agency coordination and clearance

letters included if there are potential
impacts
Complete Erosion & Sediment
Control Plans
Complete Post Construction
Stormwater Management Plan
Complete General Information Form
(GIF)
PHMC coordination letter/clearance
(Individual Permits for 10 acres or
more of disturbance only)
Appendix A land use questions

Reviewer
C D
E&S Plan separate from PCSM Plan,
labeled E&S or Erosion and
Sediment Pollution Control Plan, and
final plan for construction
Rev. (11-18) L-4

Appendix M PUB 783 - Environmental Permitting Handbook
APPENDIX M
CHAPTER 102 BMP QA/QC CHECKLISTS
M-1 Rev. (11-18)

PUB 783 - Environmental Permitting Handbook Appendix M
SITE ACCESS BMP WORKSHEET CHECKLIST

EP-8 (8-16)
www.penndot.gov
Project Name

Item Location: D = E&S Drawings, N = E&S Narrative, or D&N = Drawings and Narrative
Site Access (Chapter 3)

Preparer Reviewer Item
Item
Included Page # C D Location
Rock Construction Entrances provided where needed
Standard Construction Detail #3-1 and/or 3-2 provided
Temporary and Permanent Access Roads shown
Broad-based Dips used on active haul roads
Spacing complies with Table 3.2
Open-top Culverts used on active haul roads
Standard Construction Detail #3-8 provided
Water Deflectors used on haul roads D
Ditch Relief Culverts used on haul roads
Spacing Complies with Table 3.3
Turnouts provided where needed on haul roads
Compost Filter Sock Trap provided where needed
Temporary Stream Crossings provided where needed
Standard Construction Detail #3-12-14 provided
Figure 3.4 provided for temporary bridges
*Refer to Chapter 3 of PADEP’s Erosion and Sediment Pollution Control Program Manual (March 2012)
http://www.elibrary.dep.state.pa.us/dsweb/Get/Document-88925/363-2134-008.pdf
Rev. (11-18) M-2

SEDIMENT BARRIERS
EP-9 (8-16)
www.penndot.gov
BMP WORKSHEET CHECKLIST
Project Name

Sediment Barriers (Chapter 4)

Item
All sediment barriers are shown on existing level contour
Barrier ends extended upslope or tied into constructed berms
Sediment barriers avoid concentrated flows
Slope lengths comply with Figure 4.2, Figure 4.3 or Table 4.4
Typical details are provided for each type of barrier proposed
Details comply with standard details in Chapter 4, including notes D

Standard Construction Detail #4-3 and/or 4-4, or 4-5 provided for Weighted
Sediment Filter Tubes
Standard Construction Detail # 4-6 provided
Standard Construction Detail #4-11 provided for Sediment Filter Log
Standard Construction Detail # 4-12 provided for Wood Chip Berm
Vegetative Filter Strip complies with Table 4.5
Standard E&S Worksheet #1 completed for Compost Filter Socks
Standard E&S Worksheet #2 completed for Compost Filter Berms
Standard E&S Worksheet #3 completed for Standard Silt Fence
Standard E&S Worksheet #4 completed for Reinforced Silt Fence

N
Standard E&S Worksheet #5 completed for Alt. Reinforced SF
Standard E&S Worksheet #6 completed for Super Silt Fence
Standard E&S Worksheet #7 completed for Straw Bale Barriers
Standard E&S Worksheet #8 completed for Rock Filters
Note: Plan preparer may provide the information on the standard worksheets in another format as long as it is
present in the narrative and identified as such.
M-3 Rev. (11-18)

CHANNELS BMP WORKSHEET CHECKLIST

EP-10 (8-16)
www.penndot.gov
Project Name

Channels (Chapter 6)
Item
All proposed channels shown and labeled on plan map(s)
Channel locations are accessible
Conflicts with utility lines, roadways, buildings, cuts & fills avoided
Sharp turns and flow obstructions avoided
Steep slope problems avoided
Temporary crossings provided where needed
Diversions located upslope of disturbed areas

Diversions and outlet channels discharge to waterways or adequately sized storm
sewers
Collectors located below disturbed areas
Collectors discharge to upslope sides of basins or traps D
Outlet channels protected from adjacent disturbed areas
Positive grade provided throughout length of channel
Channel bed slopes consistent with those used in calculations
Drainage areas are maximums for life of each channel
Typical detail provided for each channel shape and lining
Manufacturer’s installation & stapling details provided
All critical dimensions specified
Dimensions and linings consistent with those in calculations
Temporary liners provided for vegetated channels
Rev. (11-18) M-4

SEDIMENT BASINS
EP-11 (8-16)
www.penndot.gov
Project Name

Sediment Basins (Chapter 7)
Item
All proposed sediment basins shown and labeled on plan map(s)
Basin locations are accessible
Basins located below disturbed areas
Stream channels and wetlands avoided
Drainage areas are maximums for life of each basin
Construction Detail provided for each basin

Interior and exterior contours provided on each detail
Principal and emergency spillway locations shown
All proposed baffles, silt curtains, and forebays shown
Sediment clean-out stake location shown
Bottom elevation above seasonal high water table, adjacent wetlands,
or perennial stream
Required flow lengths, turbidity barrier or forebay provided
Typical cross-section provided for each type of principal spillway D
All critical dimensions and elevations shown
Sediment clean-out elevation > 1 ft above basin bottom
18” permanent pool provided where needed
Dimensions and elevations consistent with those in calcs
Z1 + Z2 ≥ 5
Z1 and Z2 ≥ 3 for permanent basin
Embankment top width ≥ 8 feet
Key trench and anti-seep collars shown
Impervious core shown
Typical Detail provided for each type of principal spillway
Typical provided for anti-seep collars
Typical provided for outlet barrel in concrete bed
Typical filter diaphragm detail provided where needed D
M-5 Rev. (11-18)

SEDIMENT TRAPS BMP WORKSHEET

EP-12 (8-16)
www.penndot.gov
CHECKLIST
Project Name

Sediment Traps (Chapter 8)

Item
All proposed traps shown on plan map(s)
Spillway locations shown
Trap locations are accessible
Traps located below disturbed areas
Stream channels and wetlands avoided
Drainage areas are maximums for life of each trap
Construction Detail provided for each irregular-shaped trap
Interior and exterior contours provided for such traps D

Bottom elevation above seasonal high water table, adjacent wetlands, or
perennial stream
Required flow lengths, turbidity barrier or forebay provided
Compost sock trap details provided and comply with SCD #3-11
Typical cross-section provided for each type of trap
Sediment clean-out elevation ≥ 1 ft above trap bottom
Typical Detail provided for each type of spillway
Rev. (11-18) M-6

OUTLET PROTECTION
EP-13 (8-16)
www.penndot.gov
Project Name

Outlet Protection (Chapter 9)

Item
All temporary and permanent outfalls are shown and labeled
Locations are accessible to construction equipment
Outlet protection provided for all temporary & permanent outfalls
Sufficient space exists to construct outlet protection
Discharges are properly oriented D
Outlet areas properly protected from adjacent disturbed areas
Typical Details are provided for all types of outlet protection
All critical dimensions and elevations are provided
Dimensions and elevations are consistent with calculations
Standard E&S Worksheet #18 completed for all riprap aprons
Calculations provided for adjusted discharge velocity
Apron dimensions conform to Figure 9.3 or 9.4
Flow transition mat lengths conform to Figure 9.6

N
Stilling Basin Dimensions conform to Standard Construction Detail 9-4 and
Figure 9.7
Stilling Well Dimensions conform to Figures 9.8, 9.9, and 9.10
Supporting calculations are provided for all other types of outlet protection
Downstream stability analysis provided where needed
Note: Plan preparer may provide the information on the standard worksheets in another format as long as it is
present in the narrative and identified as such.
M-7 Rev. (11-18)

OTHER BMPS
EP-14 (8-16)
www.penndot.gov
Project Name

OTHER BMPs
Item
Waterbars specified on utility line ROWs and abandoned roads
Spacing complies with Table 3.1
Storm sewer inlet protection provided where needed
Standard Construction Detail #4-15 and 4-16 provided for inlet filter bags
Standard Construction Detail #4-17 and 4-18 provided for stone and concrete
block inlet protection
Standard Construction Detail #4-19 and 4-20 provided for stone inlet protection
Standard Construction Detail #4-21 provided for alternate type M stone inlet
protection
Standard Construction Detail #4-22 provided for type C inlet not at grade
Standard Construction Detail #4-23 provided for type M inlet not at grade D
Erosion Control Blanketing Locations shown on map(s)
Complete installation detail(s) provided
Typicals provided for on-lot BMPs
Other BMPs (specify):
Location(s) shown on plan map(s) & labeled
Typical Detail provided with all pertinent dimensions and elevations
Other BMPs (specify):
Location(s) shown on plan map(s) & labeled
Typical Detail provided with all pertinent dimensions and elevations
Design calculations N
*Refer to PADEP’s Erosion and Sediment Pollution Control Program Manual (March 2012)
Rev. (11-18) M-8

Appendix N PUB 783 - Environmental Permitting Handbook
APPENDIX N
PERMIT SUBMISSION COMMENT SUMMARy FORM
N-1 Rev. (11-18)

PUB 783 - Environmental Permitting Handbook Appendix N
PERMIT SUBMISSION COMMENT SUMMARY

EP-15 (8-16)
www.penndot.gov
Project Name:
Submission Type:
SR/Sec: MPMS No.: Township/County:
PennDOT District: Permit Preparer: Date Rec’d:
PennDOT Reviewer: Date:
This form is to be used to compile comments identified on the QA/QC checklists during PennDOT review of permit submissions.
The completed comment summary form should be returned to the preparer and a copy sent to the Environmental Policy and
Development Section.
Comment Submission Sheet/Page

Comments Comment Responses
No. Document No.
Rev. (11-18) N-2

Appendix O PUB 783 - Environmental Permitting Handbook
APPENDIX O
CONSISTENCy LETTER REQUIREMENT MEMOS
O-1 Rev. (11-18)

PUB 783 - Environmental Permitting Handbook Appendix O
Rev. (11-18) O-2

Appendix O PUB 783 - Environmental Permitting Handbook
O-3 Rev. (11-18)

PUB 783 - Environmental Permitting Handbook Appendix O
Rev. (11-18) O-4

Appendix P PUB 783 - Environmental Permitting Handbook
APPENDIX P
PAPER PERMIT SUBMITTAL COVER SHEEET

EXAMPLE
P-1 Rev. (11-18)

PUB 783 - Environmental Permitting Handbook Appendix P
Print on Green Paper ONLY
ATTENTION:
[INSERT NAME OF REVIEWER]&

[INSERT NAME OF REVIEWER]
THIS PROJECT INVOLVES FEDERAL TRANSPORTATION

FUNDS
Note: this project has federal transportation funding and

is eligible for review by the PennDOT T-21 funded
engineer and biologist in accordance with the
lnteragency Memorandum of Understanding between
PennDOT and PADEP
Rev. (11-18) P-2

Appendix Q PUB 783 - Environmental Permitting Handbook
APPENDIX Q
MAP OF PENNDOT WETLAND BANKS
Q-1 Rev. (11-18)

PennDOT Wetland Banks
Rev. (11-18)
ERIE
Lake Erie
Hoffman
Houghton Genesee River
!
[ !
[ BRADFORD SUSQUEHANNA
WARREN MCKEAN
TIOGA Upper Susquehanna
POTTER
Upper Allegheny 01
CRAWFORD WAYNE
Kettle Creek
WYOMING
04
FOREST
WHISLPolk ELK
CAMERON !
[ SULLIVAN LACKAWANNA
LYCOMING
MERCER
!
[ 02
Central West Branch Susquehanna
03 Upper Delaware
VENANGO Wingard PIKE
Lower West Branch Susquehanna
Stom ! CLINTON LUZERNE
CLARION
[ Dubois Airport
!
[ VargoUpper Central Susquehanna
Prenn Central Allegheny !

[ Upper West Branch Susquehanna !
[ COLUMBIA MONROE
JEFFERSON
LAWRENCE !
[ MONTOUR
CLEARFIELD
CENTRE UNION
BUTLER 10 CARBON
Center
McPherron NORTHUMBERLAND
Ohio ARMSTRONG
SNYDER !
[ NORTHAMPTON
Q-2
BEAVER Schall !
[ Lower Central Susquehanna SCHUYLKILL
!
[ Cambria AWC 05
11 INDIANA Central Delaware
Cindrick
!
[ MIFFLIN LEHIGH
Old Crow AWC JUNIATA
ALLEGHENY
!
[ CAMBRIA
Mowry AWC
Lower Juniata
Lower Allegheny
BLAIR
!
[ !
[ LEBANON BERKS
PERRY DAUPHIN BUCKS
Snitz Creek Chalfort
WESTMORELAND Upper Juniata Aughwick Whitsel #
* Lower Delaware #
*
WASHINGTON Fetter
HUNTINGDON !
[ SGL 169b MONTGOMERY
Jacobs Creek
SGL 297
!
[ !
[ #
* 06
#
* 09
08 CUMBERLAND
LANCASTER
SGL 302 FAYETTE Fulton AWC Lower Susquehanna PHILADELPHIA
SOMERSET BEDFORD CHESTER
#
* Monongahela !
[ DELAWARE
FULTON FRANKLIN YORK
GREENE ADAMS
12 Potomac Nicodemus
#
*
Legend PA State Water Plan Subbasins

!
[ Wetlands in PUMBI Central Allegheny Lower Central Susquehanna Monongahela Upper Delaware
Existing Wetlands 2016 Central Delaware Lower Delaware Ohio Upper Juniata ®
!
[ Miles
Central West Branch Susquehanna Lower Juniata Potomac Upper Susquehanna
#
* Proposed Wetlands 2016 0 5 10 20 30 40
Coastal_Zones Lake Erie Lower Susquehanna Upper Allegheny Upper West Branch Susquehanna
Lower Allegheny Lower West Branch Susquehanna Upper Central Susquehanna Genesse
Kilometers
PennDOT Engineering Districts
0 510 20 30 40
PA Counties
Appendix Q

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Environmental

CHAPTER 3: Activities and Project Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

SECTION II – Waivers and Permit Types . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

CHAPTER 5: Earth Disturbance Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

SECTION III – Permit Determination Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

SECTION IV – Building a Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

SECTION V – Permit Authorization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66

APPENDIX A - GLOSSARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-1

iii Rev. (11-18)

The goals of this manual are to:

• Unify the PennDOT Connects system and the permitting process;

• Streamline the PennDOT permitting processes; and

established regulatory programs to restore and maintain the physical,

essentially all surface waters with a direct connection to navigable waters,

In Pennsylvania, the Pennsylvania State Programmatic General Permit-5 (PASPGP-5) is a delegation

Agency Coordination Meetings

CHAPTER 3: Activities and Project Development

Figure 1: USACE Regulatory Jurisdiction

Chapter 105 Definitions

watercourse, floodway or body of water.

Figure 1: Floodway and Floodplain Sketch

PennDOT Project Development Process and Permitting

SECTION II - Waivers and Permit Types

CHAPTER 4: Waterway Waivers, Permits, and Authorizations

• Waiver 3 - An aerial crossing of a non-navigable stream or wetland by electric, telephone or

• Waiver 8 - Plowing, cultivating, seeding or harvesting for crop production.

v The contributory drainage area is ≤ 100 acres.

Programmatic (General Maintenance) Permit EXX-9999

District Permit Number

Table 1: PennDOT Maintenance-Force Permit Numbers

Generally, activities permitted by EXX-9999 permits are limited to channel

Detailed EXX-9999 permit requirements and application documentation

requirements are listed in the Standards for Bridge Clearance, Channel

• GP-1: Fish Habitat Enhancement Structures

• GP-2: Small Docks and Boat Launching Ramps

• GP-3: Bank Rehabilitation, Bank Protection, and Gravel Bar Removal

• GP-4: Intake and Outfall Structures

• GP-5: Utility Line Stream Crossings

• GP-6: Agricultural Crossings and Ramps

• GP-7: Minor Road Crossings

• GP-8: Temporary Road Crossings

• GP-9: Agricultural Activities

• GP-10: Abandoned Mine Reclamation

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

• GP-15: Private Residential Construction in Wetlands

GP-3: Bank Rehabilitation, Bank Protection and Gravel Bar Removal

GP-4: Intake and Outfall Structures

GP-5: Utility Line Stream Crossings

GP-7: Minor Road Crossings

Chapter 105 Definitions

GP-8: Temporary Road Crossings

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

Water Obstruction and Encroachment Permit Through a

• The upstream side of culverts should be protected by wingwalls.

• Is consistent with local floodplain management programs

Aids to Navigation Plans

For non-reporting activities, federal authorization in the form of PASPGP

separate review and approval. Ineligible activities cannot be permitted using

• Aquatic Resource Impact Table

• PASPGP-5 Review Checklist