PENNSYLVANIA STATE PROGRAMMATIC GENERAL PERMIT-4 STANDARD OPERATING PROCEDURES. June 5, 2014

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1 PENNSYLVANIA STATE PROGRAMMATIC GENERAL PERMIT-4 STANDARD OPERATING PROCEDURES June 5,

2 Table of Contents Introduction 6 Duration of Permit / Time Extensions / Grandfathering I. Duration of Permit 8 II. Time Extensions 8 III. Grandfathering 9 Scope of Activities I. Activities Not Eligible for PASPGP-4 10 II. Section 404(f)(1) Exemptions 10 III. Overview of Activities Authorized by PASPGP-4 11 Categories of Activities I. Category I 12 II. Category II 15 III. Category III 16 Preapplication Meetings/Jurisdictional Determinations I. Overview 18 PASPGP-4 Cumulative Impacts Project Screening Form I. PADEP Review of the PASPGP-4 Project Screening Form 20 Initial Project Review I. Initial Application Review 25 II. Single and Complete 27 III. Linear vs. Nonlinear Project Determination 29 IV. Eligibility Determination 30 V. Category Determination 31 Alternatives Analysis I. Overview

3 Functions and Values I. Overview 38 Permit Processing I. Category I & II 39 II. Category I Activities Forwarded to the Corps for Category III Review 39 III. PADOT Electronic Applications (E-Apps) 40 IV. Category II Activities Forwarded to the Corps for Category III Review 41 V. After-the-fact Applications 42 VI. Denials 42 VII. Permit Modifications 43 VIII. Transfer of Ownership 44 IX. PADEP/Corps Coordination of Correspondence 45 X. Inappropriate Issuance of PASPGP-4 45 General Permits I. Overview 47 Other Authorizations Under Chapter 105 I. Waivers 50 II. Individual Permits Numbered 999X 52 III. PADEP Maintenance Letter 53 Emergency Permits Procedures I. Definitions of Emergency 55 II. Project Documentation 55 III. Normal Processing Procedures 56 IV. Section 7, ESA Coordination 56 V. Processing Procedures During State Declared Disasters and Other Special Cases 57 Procedures for Elevating Category I & II Activities to a Category III Activity I. Elevation by a Resource Agency 58 II. Category II Activities Published in the PA Bulletin 58 III. The Corps Elevates

4 Joint Permit Application Processing by Pennsylvania Department of Environmental Protection I. PADEP Permit Review 60 II. Applicant Notification by PADEP 61 III. Publication in the Pennsylvania Bulletin 62 IV. Corps Notification by PADEP 63 Corps Procedures for Category III Activities I. Agency Coordination 64 II. Agency Objection 67 III. Resource Agency Comments and Time Frames 68 Permit Verification Procedures I. PADEP Requirements 70 II. Corps Requirements 70 Federal Threatened and Endangered Species Coordination I. Overview 71 II. Explanation of PNDI Language 73 III. ESA Review by USFWS Biologist 75 IV. ESA Review for Emergency Permits 78 V. Federally Listed and Proposed Mussels and Fishes 79 VI. Bog Turtle 80 Historic Preservation Coordination I. Initial Applicant notification to Pennsylvania Historical & Museum Commission 86 II. Federal Highway MOA 88 III. Corps of PADEP JPA Processing 88 IV. Evaluation 89 V. Tribal 90 Residential, Commercial, and Institutional Developments I. Overview

5 II. Permit Review 91 Federal Projects I. Overview 93 Pennsylvania Wetland Replacement Project I Overview 94 Enforcement and Compliance I. General 95 II. Compliance Inspections 96 III. Investigations of Unauthorized Work and/or Noncompliance 96 IV. Resolution by Restoration 96 V. All Other Resolutions of Unauthorized Work and/or Noncompliance 97 Monitoring and Evaluation of the PASPGP-4 I. Overview 99 II. PASPGP Monitoring Committee 99 III. PADEP Data Requirements 99 IV. Reissuance of PASPGP 101 V. Modification, Suspension, and/or Revocation 102 Tables PNDI Receipt Language 74 ESA Comment Language in USFWS Letters 76 Waterways Containing Endangered Mussels 79 Figure 1. Single and Complete Project Diagram 27 Figure 2. Independent Utility Diagram 28 Figure 3. Multi-Phased Diagram 29 Figure 4. Linear Project Impact Calculations

6 Introduction This Standard Operating Procedure (SOP) is intended to be a living document that will guide field level personnel on the implementation of the Pennsylvania State Programmatic General Permit-4 (PASPGP-4). This SOP was developed jointly by the U.S. Army Corps of Engineers Baltimore, Philadelphia, and Pittsburgh Districts (Corps) and the Pennsylvania Department of Environmental Protection (PADEP) with input from the resource agencies. For the purpose of this SOP, PADEP includes those bureaus within PADEP and delegated County Conservation Districts (CCDs), authorized to issue Chapter 105 authorizations. The terms used in this SOP are defined in the PASPGP-4, Part II, Definitions. The PASPGP-4 authorizes work in navigable waters of the United States under Section 10 of the Rivers and Harbors Act (RHA) and the discharge of dredged and/or fill material into waters of the United States, including jurisdictional wetlands, under Section 404 of the Clean Water Act (CWA). The Corps issued PASPGP-4 on July 1, 2011, for a five year period and delegated the ability to verify Federal authorization under the PASPGP-4 to PADEP. For a state programmatic general permit to be developed, the State s regulatory program must protect the aquatic environment in a manner equivalent to the Department of the Army regulatory program as outlined in Section 404(e) of the Clean Water Act. The PASPGP-4 is the fourth rendition of the five-year PASPGP which started as PASPGP-1 on June 1, The PASPGP-4 is compliant with all relevant Federal laws including, but not limited to, the National Environmental Policy Act (NEPA), Section 7 of the Endangered Species Act (ESA), Section 106 of the National Historic Preservation Act (NHPA) and the Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA). The terms, conditions, and review procedures required as part of the PASPGP-4 ensures compliance with these laws. In certain cases (Category III Activities), a project specific review and determination by the Corps is required to ensure compliance with the aforementioned acts and/or regulations

7 In issuing the PASPGP-4 the Federal government does not assume any liability for damages to: the permitted project or uses thereof; other permitted or unpermitted activities; natural causes; or that are the result of current or future activities undertaken by, or on behalf of, the United States in the public interest. Additionally, the Federal government does not assume any liability of damages to persons, property, or to other permitted, or unpermitted activities, or structures caused by the activity authorized by this permit. Lastly, the Federal government does not assume any liability for damages caused by design or construction deficiencies associated with the permitted work and/or claims associated with any future modification, suspension, or revocation of this permit. In order to reduce potential risk of injury to workers and damage to construction equipment from sudden increases in waterway flow velocities caused by upstream Corps dam water releases, it is recommended that PADEP Permit Reviewers (PADEP Staff) and Corps Project Managers (Corps PMs) advise the permittee to contact the appropriate Corps of Engineers, Area Engineer Office, for the area the work is occurring in, to obtain a schedule of water release dates. It is recommended that no in-water work be performed during periods of high water flow velocities. Any work performed at the project site is at the permittee s own risk

8 Duration of Permit / Time Extensions / Grandfathering I. Duration of Permit A. The PASPGP-4 became effective on July 1, 2011 and will expire on June 30, 2016, unless suspended, or revoked. B. Activities verified under a project specific PASPGP-4 expire June 30, 2016, unless the PASPGP-4 is suspended, or revoked, or the PADEP authorization, including 401 Water Quality Certification (WQC) and/or Coastal Zone Management Certification (CZM) expire first. Note: Item B above is a change from previous PASPGP s which historically only verified a project under PASPGP for three years. C. Activities authorized under the PASPGP-4 that have commenced construction or are under contract to commence construction, will remain authorized provided the activity is completed within 12 months of the date of the PASPGP-4 s expiration, suspension, or revocation; whichever is sooner, and the work has a valid PADEP authorization, including 401 and C2M. D. If the activity authorized under PASPGP-4 has not commenced construction or is under contract and the PASPGP-4 has expired, the authorization may be extended only if the PASPGP is reissued as PASPGP-5 and a Grandfathering provision is included to capture previously verified projects. II. Time Extensions A. Requests for extensions of time for project specific PASPGP-4 verifications cannot extend beyond June 30,

9 III. Grandfathering A. All activities issued under PASPGP-3 that did not expire prior to June 30, 2011, are reauthorized by the PASPGP-4 without further notice to the applicable Corps District provided the proposed regulated activities comply with all terms, conditions, limits, and best management practices identified and required by the PASPGP-4 and the applicable PADEP authorization. In addition, all special conditions attached to the original PASPGP-3 authorization are special conditions of the PASPGP-4 authorization. Requests for modification of the authorized work and/or special conditions must be submitted in writing to the applicable Corps District. 1. Length of the Grandfathering a. For Category I or II Activities, the duration of these reauthorizations will be for the term of the PASPGP-4 (June 30, 2016) or the applicable PADEP Chapter 105 authorization, whichever is less. b. For Category III Activities, the duration of these reauthorizations will be for five years from issuance of the PASPGP-3 verification or when the applicable PADEP Chapter 105 authorization expires, whichever is less. 2. All modification requests associated with previously verified Category III activities issued under PASPGP-3 must be sent to the Corps for processing. 3. Modification requests associated with PASPGP-3 verifications with Special Conditions containing specific dates must be forwarded to the Corps to modify the Special Conditions. 4. For PASPGP-3 verifications with ESA clearance, the permit reviewer must review the ESA clearance and verify that it is still current and thus valid. Absent a documented clearance from the USFWS or a No Effect determination by the Corps, the project must be forwarded to the Corps as a Category III Activity to obtain a current ESA clearance. See the Federal Threatened and Endangered Species section of this SOP

10 Scope of Activities I. Activities Not Eligible for PASPGP-4 A. The PASPGP-4 applies to the discharge of dredged or fill materials and/or the placement of structures, for a single and complete project, including all attendant features both temporary and/or permanent, which individually or cumulatively results in direct or indirect impacts to 1.0 acre or less of waters of the United States, including jurisdictional wetlands. The PASPGP-4 applies only to activities within the Commonwealth of Pennsylvania. Discharges of dredged or fill materials and/or the placement of structures that comply with all terms, conditions, and processing procedures contained in the PASPGP-4, and have only minimal individual or cumulative environmental impacts, are eligible. B. The PASPGP-4 does not obviate the need to obtain other Federal, State, or local authorizations required by law. Additionally, the PASPGP-4 does not grant any property rights or exclusive privileges, injury to the property or rights of others, and/or the interference with any existing or proposed Federal project. 1. PASPGP-4, Part III.A identifies activities that are NOT eligible for PASPGP-4. To receive Federal authorization for these activities, a permit application must be submitted to the appropriate Corps District. II. Section 404(f)(1) Exemptions A. Activities which qualify for PADEP General Permits (GPs) 6, 9 and 11, PADEP Waiver 8, PADEP Letters of Authorization, and PADEP Individual Permits numbered 999x, may be exempt from Federal permit requirements in accordance with the CWA Section 404(f)(1). The exemptions are applicable to some farming, agricultural, silvicultural, and maintenance activities. These exemptions will apply unless the project is subject to recapture under Section 404(f)(2). That is, the activity associated with the discharge of dredged or fill material, will convert an area of waters of the U.S., including jurisdictional wetlands, into a use to which it was not previously subject; or, the flow or circulation of

11 waters of the U.S. may be impaired, or the reach of such waters reduced as a result of the activity. B. If Federal jurisdiction (pursuant to Section 404) is questionable (i.e., subject to 404(f)(1) exemptions), PADEP should contact the appropriate Corps District for further guidance. III. Overview of Activities Authorized by the PASPGP-4 A. This PASPGP-4 authorizes the discharge of dredged or fill materials and/or the placement of structures, that are part of a single and complete project, including all attendant features both temporary and permanent, which individually or cumulatively result in direct or indirect impacts to 1.0 acre or less of waters of the U.S., including jurisdictional wetlands. These specific activities are regulated by Section 404 of the CWA and/or Section 10 of the RHA. For purposes of this permit, the acreage of impact to waters of the U.S., including jurisdictional wetlands, includes the direct impact (i.e., fill area) plus the area of waters of the U.S., including jurisdictional wetlands that are indirectly affected by flooding, excavation, or drainage as a result of the regulated activity. B. Activities authorized by PASPGP-4 have been divided into three Categories of Activities based on PADEP s Chapter 105 Program and the need for a Corps review to ensure compliance with applicable Federal laws and regulations. 1. Category I Activities are associated with work authorized by PADEP GPs, and most PADEP Waivers. Category I Activities are not published in the PA Bulletin for public comment. PADEP has programmatically issued 401 WQC and consistency with Coastal Zone Management Act (CZM) for these activities. 2. Category II Activities are associated with work authorized by PADEP Individual Permits and Dam Permits, and Waivers 11 and 16. Category II Activities are published in the PA Bulletin for public comment and issuance of WQC and CZM. 3. Category III Activities are associated with work that requires a project specific review by the Corps to ensure compliance with applicable Federal laws and regulations. The work may be authorized by any form of state authorization as identified in PASPGP-4, Part VI, B

12 Categories of Activities I. Category I Activities A. Category I Activities are associated with an overall project, whereby the overall project cumulatively results in direct and indirect impacts to 1.0 acre or less of waters of the U.S., including jurisdictional wetlands, or 250 linear feet or less of streams, rivers, other watercourses, and open water areas, see exemptions below. For categorical determinations based on linear feet of stream impact (250 linear feet or 500 linear feet), see PASPGP-4, Part II Definitions (Not used for calculating impacts in impoundments which is based on square feet). 1. Exceptions to 250-linear-foot threshold: a. Those activities that are authorized under GP-1, Fish Habitat Enhancement Structures affecting 500 linear feet or less of waters of the U.S., including jurisdictional wetlands are a Category I Activity. i. The linear footage of impact will be measured along the bank of the stream counting only the length of the individual structures. In areas where there are structures on opposite banks that overlap each other the measurement should be taken down the centerline of stream from the top of the first structure to the bottom of the second structure. See the PASPGP-4 permit, Part II Definitions for an illustrated explanation. b. Those activities that are authorized under GP-3, Stream Bank Rehabilitation and Protection affecting 500 linear feet or less of waters of the U.S., including jurisdictional wetlands are a Category I Activity. i. Removal of gravel bars under GP-3 remains limited to 250 linear feet as a Category I Activity. For those projects over 250 linear feet the Activity is a Category III Activity

13 B. The following activities are authorized by a PASPGP-4, as a Category I Activity, without coordination with the Corps, unless the project is identified as a Category III Activity. Endangered Species Act and NHPA compliance is required for all Category I Activities. See Federal Threatened and Endangered Species Coordination and Historic Preservation Coordination sections. 1. PADEP GPs, Waivers, Emergency Permits (EPs), Individual Permits numbered E- 999x, Waiver Letters of Maintenance, or Letters of Authorization (for normal maintenance and repair of existing dams). These activities include GPs 1-9, 11, and 15; (a) Waivers 1, 6-10, 12, and 14; and (b) and (c) Waivers. a. Two or more Category I Activities that are part of an overall project can be linked together provided they do not authorize the same specific regulated activity and provided the aforementioned PASPGP-4 limitations are not exceeded. However, if one activity associated with an overall project requires a Category III review, then all applications for the overall project shall be forwarded to the Corps as a Category III Activity. i. For Example: A GP-7 and a GP-5 are registered for a residential subdivision which has been determined to be a single and complete project. As long as each activity individually meets the requirements of a Category I Activity and the cumulative impacts for the combined activities do not exceed the Category III Activity thresholds, or require a Category III review for another reason, then one PASPGP-4 can be verified for both GP registrations. C. The following Category I Activities will not, in most cases, be regulated pursuant to Section 404 of the CWA; however, in a few instances, they may require either a Section 404 or Section 10 permit. These correspond to activities authorized by PADEP Waivers, GPs, and Waiver Letters of Maintenance: 1. GP-10, Abandoned Mine Reclamation 2. Waiver -3, Aerial Crossings 3. Waiver -5, Acid Mine Drainage 4. Waiver -13, Abandoned Railroad Bridges and Culverts 5. Waiver -15, Abandoned Mines 6. Waiver Letters of Maintenance for:

14 a. Channel Cleaning at Bridges and Culverts - Stream channel maintenance within 50 feet upstream and downstream of an existing bridge or culvert, performed in accordance with the maintenance provision of a previously issued PADEP permit and the PADEP Standards for Channel Cleaning at Bridges and Culverts. b. Bridge and Culvert Repair - Maintenance to an existing culvert, bridge, or stream enclosure constructed prior to July 1, 1979, on a watercourse where the drainage area is five square miles or less. c. If Federal jurisdiction is questionable, call the appropriate Corps District for a determination. D. Activities Waived at 25 PA Code (a)(16) - Waiver 16: Restoration Activities, whereby PADEP has already issued a programmatic 401 WQC. This subset of Waiver 16 activities includes the following: 1. PADEP, Bureau of Abandoned Mine Reclamation (BAMR) approved and/or sponsored restoration activities provided the activity impacts less than 0.05 acre of vegetated wetland (as defined by the Corps of Engineers 1987 Wetlands Delineation Manual (87 Manual), including all applicable guidance and regional supplements) or the body of water or associated discharge from a body of water has a ph < 5.0, or any of the following elevated metal levels: a. Aluminum > 0.6 mg/l b. Iron > 7.0 mg/l c. Manganese > 4.0 mg/l 2. Other Restoration Activities: Provided that the project has been approved at an Environmental Review Committee (ERC) meeting. The activity will be reviewed as Category III Activity, if applicable. a. This does not apply to mitigation banks and in-lieu fee sites, which requires a Category III review. E. Activities related to Residential, Commercial, and Institutional Developments: See individual section titled Residential, Commercial, and Institutional Developments in

15 this SOP. F. Maintenance: Activities conducted under the terms and conditions of a previously issued PADEP authorization which requires operation and maintenance in accordance with the terms and conditions of the PADEP authorization. G. Grandfather Clause: See Duration of Permit / Time Extensions / Grandfathering section of this SOP. H. See Permit Processing section of the SOP for detailed information on the review process. II. Category II Activities A. Category II Activities are associated with an overall project whereby the overall project cumulatively results in direct and indirect impacts to 1.0 acre or less of waters of the U.S., including jurisdictional wetlands, or impacts no more than 250 linear feet of streams, rivers, other watercourses, and open water areas. Category II Activities require submittal of a PADEP Joint Permit Application (JPA), Dam Permit, or an Environmental Assessment (EA) requesting WQC (i.e. for Waivers 11 or 16 (Some PADEP Waiver 16s qualify as a Category I Activities, see Part D, above)). 1. The work associated with these activities may not be authorized by PASPGP-4 until: a. PADEP has determined that the activity does not require a Category III review and the Corps and the other Federal and State resource agencies have had the opportunity to review and comment on the project through publication in the PA Bulletin. b. Endangered Species Act compliance is completed in accordance with the Federal Threatened and Endangered Species Coordination section of this SOP. c. Section 106 of the NHPA compliance is completed in accordance with the Historic Preservation Coordination section of this SOP

16 d. The project has been determined to be in compliance with activities related to Residential, Commercial, and Institutional Developments: See individual section titled Residential, Commercial, and Institutional Developments in this SOP. 2. PADEP will notify the applicant of their PASPGP-4 verification by attaching the PASPGP-4 General Conditions and Self-Certification Form to the appropriate PADEP authorizations. 3. See Permit Processing section of the SOP for detailed information on the review process. III. Category III Activities A. Category III Activities are identified in PASPGP-4, Part IV, C. These activities require a project specific review by the Corps to verify that no more than minimal adverse environmental impacts will occur and insure compliance with other laws and regulations. The Corps will coordinate with the appropriate Federal and State resource agencies in order to make its minimal impact determination and compliance determination (see Corps Procedures for Category III Activities, Agency Coordination in the SOP for a complete discussion of this topic). This category includes activities listed in or eligible for Category I or Category II review that requires additional case-by-case review due to issues of Federal concern. Category III projects may be verified under PASPGP-4 only after the Corps determines that the activity will have no more than minimal adverse environmental impacts and the work complies with Section 7 of the ESA and Section 106 of the NHPA. B. PASPGP-4 can be used to authorize activities where the direct impacts and/or the secondary impacts are not completely located within the Commonwealth of Pennsylvania. However, the PASPGP-4 can only be used to authorize the portion of the project located within the Commonwealth. For example, for a large power line project crossing from Pennsylvania into New Jersey, that portion in Pennsylvania can be authorized by PASPGP-4 and the portion in New Jersey can be authorized by a Nationwide Permit. C. Activities correspond to work authorized pursuant to Section 7 of the Dam Safety and Encroachments Act, 32 P.S , et seq., and the rules and regulations promulgated there under in the PA Bulletin (codified at 25 Pa. Code, Chapter 105). In order to qualify for

17 PASPGP-4, these activities must receive the applicable PADEP Chapter 105 authorization and WQC, and in certain circumstances CZM. D. Coordination for Category III Activities will be accomplished by PADEP forwarding copies of all project application files to the Corps. E. All Category III Activities that require PADEP Individual Permits (except for Individual Permit numbered E-999x), Small Project Permits, Dam Permits, or EA approvals, will be reviewed by the general public and other resource agencies through publication in the PA Bulletin. These activities will be published in the PA Bulletin at least 30 days prior to the effective date of the permit, as required by 25 PA Code Chapter (a) of the Dam Safety and Encroachments Act, 32P.S , et seq., and the rules and regulations promulgated there under in the PA Bulletin (codified at 25 PA Code, Chapter 105). F. For applications that a resource agency requests a review by the Corps, the resource agency s request can be made up to the point of PADEP verification of the PASPGP-4. G. In keeping with the national performance standards, the Corps will strive to issue 75 percent of all Category III Activities within 60 days of being determined to be Federally complete

18 Preapplication Meetings and Jurisdictional Determinations I. Overview The Scope of geographic jurisdiction is defined by Federal Law under the Clean Water Act and the Rivers and Harbors Act of Nothing in this SOP nullifies or supersedes the roles and responsibilities of the Corps and/or the Environmental Protection Agency (EPA) regarding determination of the scope of geographic jurisdiction. JDs will be coordinated with the EPA as appropriate. A. Pre-application meetings are strongly recommended. PADEP, the Corps, the County Conservation District, the applicant, consultant and other agencies on a case by case basis should be coordinated with to schedule an office or on-site meeting. For example, it would be beneficial to have the USFWS involved with a pre-application meeting when the Pennsylvania Natural Diversity Inventory (PNDI) search results indicate a conflict with Federally listed species. The applicant should be directed to complete the Request for a Pre-application Meeting form. B. The Corps or PADEP may use the Jurisdictional Determinations (JD) request as a type of pre-application evaluation. 1. When preliminary development plans are available, either agency may make recommendations to the applicant for reducing environmental impacts and preparing plans that will be acceptable to the agencies. 2. The Corps or PADEP will use this time to identify potential problems (i.e., cultural resources, alternatives, piecemeal applications, etc.). 3. Both the Corps and PADEP are encouraged to invite the other resource agencies to pre-application meetings involving potential controversial projects. C. The delineation of wetland boundaries shall be accomplished in accordance with the current 1987 Corps of Engineers Wetland Delineation Manual, the appropriate regional supplement, and any applicable guidance issued by the Corps

19 D. For Federal purposes, the Corps will perform all JDs and/or wetland boundary verifications. E. All written requests for JDs and wetland boundary verifications will be forwarded to the Corps. F. The Corps will send copies of their findings to the appropriate PADEP regional office and CCD. Any perceived differences in regulatory jurisdiction between the Corps and/or PADEP (e.g., non-jurisdictional isolated waters, drainage swales, ephemeral streams) will be stated in the JD letter as follows: It should be noted that there are waters/wetlands on the site, as depicted on the plan described below, that are not regulated by the U.S. Army Corps of Engineers. However, these waters/wetlands may be regulated by State, County, and/or local agencies. It is recommended that you contact the Pennsylvania Department of Environmental Protection, County Conservation District, and your local municipality to determine if the waters/wetlands on the subject property are regulated by these agencies. G. If a Corps JD is being administratively appealed, the Corps will notify the PADEP Regional Office immediately

20 PASPGP-4 Cumulative Impacts Project Screening Form I. PADEP Review of the PASPGP-4 Cumulative Impacts Project Screening Form A. PADEP staff will insure that the screening form is completed in its entirety and included in all applications, except EP. 1. If the PADEP staff determines the information on the PASPGP-4 Cumulative Impacts Project Screening Form is not correct, or the form has not been filled out completely, they will request the necessary information. PADEP staff may return the form to the applicant/agent and notify them that their application is incomplete. 2. If the overall project is a linear project, a plan showing the beginning and end points and all proposed crossings associated with the overall project is required as part of the application. If the plan is not included, the PADEP staff may request such a plan or forward the application to the appropriate Corps District as a Category III Activity with a PASPGP-4 Cover Sheet indicating why the activity is a category III Activity. This plan may be used by the PADEP to discuss alternatives with the applicant. B. Use of the PASPGP-4 Cumulative Impact Project Screening (CIPS) Form 1. CIPS Form, Section A, Proposed Impacts: All impacts, including direct and/or indirect, both temporary and/or permanent, for the overall project are to be aggregated together. For linear projects, impacts associated with all crossings of an overall project are aggregated together for the purpose of determining the appropriate Category of Activity. Each single and complete crossing of the overall project is eligible for its own PASPGP-4 verification

21 a. For GP-11 registrations associated with the maintenance, testing, repair, rehabilitation, and/or replacement of transportation structures, the 43,560 square feet (1 acre) or 250 linear feet threshold will pertain to each individual work site. This can be documented by the applicant through submitting separate project screening forms for each work site or by the applicant providing a separate table that identifies each separate project/work site, the proposed work, and square footage of impacts for each project/work site. This will typically be done by a county or township maintenance department for a list of proposed work of a similar nature. 2. If the individual or cumulative impacts are greater than 43,560 square feet (1 acre) to waters of the United States, including jurisdictional wetlands, or greater than 250 linear feet of stream impacts, (except for GP-1 and GP-3) then the Category III box in the upper right hand corner of the screening form will be checked and the project forwarded to the appropriate Corps District with the PASPGP-4 Cover Sheet indicating why the overall project is a Category III Activity. 3. If the impacts are 43,560 square feet (1 acre) or less, or less than 250 linear feet of stream channel, then the PADEP staff will proceed to Section B of the CIPS Form. a. Section B, Question No. 1 of the CIPS Form: If known, has any work associated with the overall project been previously authorized by the Corps or DEP? i. If the answer is Yes, then the PADEP staff will add the previously authorized impacts to proposed impacts, thus determining the total impacts for the overall project. If the aggregated total exceeds 43,560 square feet (1 acre) of wetlands or 250 linear feet of stream channel (except for GP-1 and GP-3) the PADEP staff will check the Category III box in the upper right hand corner of the form and forward the overall project as a Category III Activity to the appropriate Corps District with a cover letter indicating why the overall project is a Category III Activity (See TSD for example letter). ii. If the answer is No or the aggregated impacts for the overall project remain below the eligibility threshold as described in B.2 above, the PADEP staff will proceed to question No. 2 of the CIPS Form

22 b. CIPS Form, Section B, Question No. 2: Are additional Corps and/or DEP authorizations required for your proposed work to function and have independent utility? i. If the answer is Yes then the PADEP staff will add the previously authorized impacts, the proposed impacts, and any impacts still required to make the project functional to determine the total impacts for the overall project. If the aggregated total exceeds 43,560 square feet (1 acre) of wetlands or 250 linear feet of stream channel (except for GP-1 and GP-3), the PADEP staff will check the Category III box in the upper right hand corner of the form and forward the overall project as a Category III Activity to the appropriate Corps District with a cover letter indicating why the overall project is a Category III Activity (See TSD for example letter). ii. If the answer is No or the aggregated impacts for the overall project remain below the eligibility threshold as described in B.2 above, the PADEP staff will proceed to Section C of the CIPS Form. c. CIPS Form, Section C, Question No. 1: Does the Overall Project involve the construction or expansion of a residential, commercial, or institutional subdivisions or development? i. If the answer is Yes the PADEP staff will proceed to Section C, Question No. 2 of the CIPS Form. ii. If the answer is No the PADEP project reviewer will determine the correct Category of Activity as described in this SOP and mark the appropriate box in the upper right hand corner of the form. Category III Activities will be immediately forwarded to the Corps, regardless of the level of completeness, along with a cover sheet explaining why the project is a Category III Activity. For Category I and II Activities, PADEP staff will process the PADEP authorization in accordance with the permitting process and verify PASPGP-4 in accordance with this SOP

23 d. CIPS Form Section C, Question No. 2: Does greater than 10,890 square feet (0.25 acre) of wetlands exist within the subdivision or development? i. If the answer is Yes, then the PADEP staff will proceed to question No. 4 of the CIPS Form. ii. If the answer is No the PADEP staff will determine the correct Category of Activity as described in this SOP and mark the appropriate box in the upper right hand corner of the form. For Category I and II Activities, PADEP staff will process the PADEP authorization in accordance with the permitting process and verify PASPGP-4 in accordance with this SOP. Category III Activities will be forwarded to the Corps upon receiving a complete application/registration along with a cover sheet explaining why the project is a Category III Activity. e. CIPS Form Section C, Question No. 3: Is there a completed draft of the model conservation instrument included with the application? i. If the answer is Yes, the PADEP staff will compare the submitted draft with the model conservation template found in the TSD. If the submitted conservation instrument matches the template, the PADEP staff will process the PADEP authorization in accordance with the permitting process and verify PASPGP-4 in accordance with this SOP. The verification letter to the applicant shall include the following language: Be advised that a copy of the recorded deed restriction or conservation easement submitted as part of your application for a Pennsylvania State Programmatic General Permit-4 (PASPGP-4) must be forwarded to the appropriate Corps District office prior to initiation of any permitted work. A copy of your PASPGP-4 authorization should be attached to, and recorded with, the Restrictive Covenant for Conservation. Courtesy copies of the recorded deed restriction or conservation easement, along with a copy of your PASPGP-4 authorization, should be submitted to the Pennsylvania Department of Environmental Protection Central Office as well as the appropriate Regional Office and County Conservation District

24 office." ii. If the submitted conservation instrument does not match the template, PADEP staff will either request a revised conservation instrument which matches the template or forward the overall project to the Corps as a Category III Activity. Category III Activities will be immediately forwarded to the Corps, regardless of the level of completeness, along with the PASPGP Cover Sheet explaining why the project is a Category III Activity. iii. If the answer is No, the overall project is a Category III Activity. The PADEP staff will mark the Category III box in the upper right hand corner of the form and forward the project to the Corps upon receiving a complete application/registration. When forwarding applications to the Corps, PADEP will include the PASPGP-4 cover sheet explaining why the project is a Category III Activity. PADEP should not wait to send pending applications/registrations in bulk with other verifications that have already been issued

25 Initial Application Review I. Initial Application Review A. Upon receipt of a new project, the PADEP staff will determine if the project is complete for processing. 1. The PADEP staff will follow established PADEP processes and procedures for applications determined to be incomplete. B. The following information must be provided by the applicant as part of all Chapter 105 applications, except for requests for Waiver letters, Individual Permits numbered E-999x, Letters of Authorization, Waiver Letters of Maintenance, Environmental Assessments, and Emergency Permits: 1. Completed application or registration form and plans. This can be a General Permit, Small Project, Joint Permit Application (JPA), Dam Permit, or a Mining Permit application. 2. PASPGP-4 Cumulative Impacts Project Screening Form. See PASPGP-4 Cumulative Impacts Project Screening Form Section of this SOP for more detailed instructions. a. The project screening form must be filled out in its entirety for the application to be considered complete, for the purpose of PASPGP-4. This includes but is not limited to: i. Applicant/Project Name. ii. Township and County in which the activity is to take place. iii. Area of individual/cumulative and permanent/temporary impacts in square feet and/or linear feet

26 iv. List of permits for all previously authorized work that is part of the overall project. v. CIPS Form Section C, Question number 1 of the form, is the overall project part of a residential, commercial or institutional subdivision or development, has been answered. vi. If answer to Questions 1, 2, and 3 in Section C are Yes, a copy of the Draft Conservation Instrument must be included with the application. 3. Completed PNDI search result. a. In addition to a PNDI search being required for all Chapter 105 permit applications, a PNDI is also required as part of applications/requests for wavier letters, General Permits, Individual Permits numbered E-999x, Letters of Authorization, Waiver Letters of Maintenance, and Environmental Assessments. (See Other Authorizations Under Chapter 105 Section). A PNDI is required for Emergency Permits as well. (See Emergency Permit Procedures Section.) 4. Compensatory Mitigation plan, if applicable. 5. The following information is required to be provided in applications/registration forms and the applications/registrations will not be considered complete by PADEP if they are not provided: a. Clearance letters from the Pennsylvania Historic and Museum Commission.(Not required for PADEP General Permits) b. For residential, commercial, and institutional subdivisions that have more than 0.25 acre of remaining wetlands (in addition to those being directly impacted by the proposed project) located within the property boundary, a draft deed restriction protecting the remaining wetlands within the project boundary is recommended. If an applicant fails to provide, or provides something other than the approved model document, PADEP staff may request the appropriate information from the applicant, or forward the application as a Category III Activity to the Corps

27 II. Single and Complete Project A. The PASPGP-4 only authorizes single and complete projects. B. For non-linear projects, a single and complete project is the total project proposed or accomplished by an owner/developer, partnership, or other association of owners/developers. Figure 1 C. For linear projects, a single and complete project applies to each crossing of a separate waterbody (i.e., a single waterbody) at that location; except for linear projects crossing a single waterbody several times at separate and distant locations, whereby each crossing is considered a separate single and complete project. However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate water bodies, and such crossings are consider one single and complete crossing

28 D. Single and complete projects must have independent utility and would be constructed absent the construction of other projects within the project area. For linear projects, the independent utility test applies to the overall project, and not each separate crossing of a water or wetland. Figure 2 E. A project shall be considered single and complete if, upon authorization, it can be constructed independently without any reliance on subsequent authorizations associated with additional regulated activities

29 F. Portions of a multiphase project that depend upon other phases of the project do not have independent utility and therefore are not single and complete projects. Phases of a project that would be constructed even if the other phases are not built can be considered as separate single and complete projects with independent utility (see diagram below). Phase 1 is independent of other phases Figure 3 III. Linear vs. Non-linear Project Determination A. PADEP project reviewer will determine if the project is a linear or nonlinear project. 1. Linear projects involve activities required for the construction, expansion, modification, or improvement of projects that have one or more crossings of jurisdictional waters (e.g., highways, gas pipelines, fiber optic lines, railways,

30 wastewater pipelines, utility lines, etc.). For linear projects, the cumulative impacts of regulated fills, including temporary and permanent, direct and indirect, needed to accomplish the overall project, which includes all single and complete projects (i.e. typically, each single crossing), will be considered cumulatively in determining the appropriate PASPGP-4 category of review. An applicant proposing a linear project must submit information describing the locations of the starting point, end point, and proposed crossings, and all other impacts to aquatic resources, including submission of a plan that depicts the overall project. a. A PNDI review shall be conducted for each single and complete crossing. For linear projects or large projects, a PNDI review shall be conducted in accordance with the procedures identified on the Pennsylvania Natural Heritage Program Website. 2. Any project not meeting the above criteria is a non-linear project. For example, the construction of dams; residential; commercial; and industrial developments; stream bank stabilization; dredging; etc. IV. Eligibility Determination A. PADEP staff will review applications/registration forms to determine if proposed work is eligible for PASPGP-4 authorization. See PASPGP-4, Part III, A for a complete list of activities not eligible for PASPGP-4, including: 1. Overall projects with combined direct and indirect impacts to aquatic resources, both temporary and permanent, of more than 1 acre (43,560 square feet); 2. Overall projects located in ineligible waters; 3. Overall projects that have more than minimal individual or cumulative adverse affects on the aquatic environment; and 4. Overall projects that do not comply with all terms and conditions of the PASPGP-4. B. If a project is determined to be ineligible for PAPSPGP-4 authorization, the project will be forwarded to the Corps immediately with the appropriate cover letter identifying that the project is not eligible for PASPGP

31 C. Single and complete projects that temporarily or permanently impact greater than 1.0 acre of waters of the U.S., including wetlands, will be processed as a Corps Individual Permit, or for verification under an applicable Nationwide Permit. D. For linear projects, the eligibility threshold for PASPGP-4 will apply to each single and complete crossing of a separate water of the U.S. (i.e. single waterbody); except that for linear projects crossing a single waterbody several times at separate and distant locations, each crossing is considered a single and complete project. 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 the threshold calculation applies to the total. E. For linear projects, if all single and complete projects (single and complete crossing of a waterbody) comprising the overall project exceeds 1.0 acre, the application will be reviewed as a Category III Activity. The Corps will make an independent utility assessment and will determine which component(s) of the project are eligible for PASPGP-4 and those that must be processed as a Corps Individual Permit, if any. This may consist of none of the crossings, one crossing, several crossings or the entire project requiring an Individual Permit review. F. If the Corps determines that the cumulative impacts associated with the linear project are or may be more than minimal, the Corps will process an Individual Permit. V. Category Determination A. If the project is eligible for PASPGP-4 authorization, PADEP staff will determine the category of review (See the listing of Category I, II, and III Activities in PASPGP-4, Part IV). If the project is found to meet any one of the following criteria, the application will be immediately forward to the Corps as a Category III Activity upon receiving a complete application/registration. PADEP will include the PASPGP-4 Cover Sheet indicating why the project has been determined to be a Category III Activity. See PASPGP-4, Part IV, C for a full list and description of Category III Activities. 1. Applications that would normally be authorized as a Category I or II Activity that

32 have been requested by the Corps. 2. Overall projects with impacts, both temporary and/or permanent, and direct and/or indirect, of greater than 43,560 square feet (1 acre) or greater than 250 linear feet of waters. 3. Projects previously authorized by a Corps Individual Permit, Nationwide Permit, or a PASPGP processed as a Category III Activity. 4. Projects that do not have documented clearance from the USFWS, or a No Effects determination from the Corps regarding endangered species. See Federal Threatened and Endangered Species Coordination section of this SOP for more details concerning this topic. 5. Projects at least partially authorized at 25 PA Code (c) Maintenance of Reservoirs of Jurisdictional Dams. 6. Projects that do not have a clearance letter from the Pennsylvania Historic and Museum Commission, except GPs, Waivers, and EPs. 7. Projects located in an area designated as a National Wild and Scenic River that do not already have a clearance letter from the Federal agency with direct management responsibility for that section of river. 8. Activities related to residential, commercial, and institutional developments that have impacts to wetlands and have greater than 10,890 square feet (0.25 acre) of wetlands remaining within the project boundary and the application /registration form is not accompanied by a draft deed restriction. 9. Projects that involve an Environmental Impact Statement. 10. Projects located within the Delaware River upstream of the Morrisville-Trenton Railroad Bridge. 11. Projects that cross state boundaries. 12. Any application processed by PADEP Bureau of Mining. 13. Any project involving the construction of mitigation banks and in lieu fee sites. 14. Projects at least partially waived at 25 PA Code (a)(2) Waiver Projects that affect Corps Civil Works projects, are located on Corps owned property, or the project is part of a Corps Rehabilitation and Inspection Program

33 B. Category Threshold Determination for Linear Project 1. Impact Calculation: a. PADEP staff will review the PASPGP-4 Cumulative Impacts Project Screening Form. When a project has been determined to be linear in nature, the PADEP project reviewer will consider the cumulative impacts associated with the overall project (i.e., the cumulative acreage of impacts associated with all crossings composing the overall project). The cumulative acreage of impacts is used to determine the category of activity. Both temporary and permanent, and direct and indirect impacts are to be taken into account. b. Measurements should be taken from the top of bank. Measurements for PADEP Chapter 105 impacts are different and include the floodway. These measurements for the PADEP program are not used as part of the PASPGP-4 category of activity determination or a PASPGP-4 eligibility determination

34 Figure

35 c. If the aggregated impacts to waters and/or wetlands of all the single and complete crossings associated with a linear project are less than 43,560 square feet (1 acre), or impact less than 250 linear feet of waterway (except for GP-1 and GP-3), PADEP will continue processing the overall project as a Category I or II Activity. Each single and complete crossing is eligible for its own PASPGP-4 however; PADEP may verify one PASPGP-4 for all crossings associated with the overall project. d. If the aggregated impacts to waters and/or wetlands of all the single and complete crossings associated with a linear project are greater than 43,560 square feet (1 acre), or impact greater than 250 linear feet of waterway(except for GP-1 and GP-3), the overall project will be forwarded to the appropriate Corps District as a Category III Activity. Once received by the Corps, the overall project will undergo a Category III review. Each single and complete crossing is eligible for its own PASPGP-4. If the Category III review is completed and PADEP has not issued their authorization the Corps can request that PADEP attach PASPGP-4, or they can elect to issue PASPGP-4 for each individual crossing. 2. Activities Not Resulting In a Discharge of Dredged and/or Fill Material. a. Directional Boring i. Any directional boring under a navigable water of the U.S. (subject to Section 10 of the Rivers and Harbors Act) requires a Federal permit and such impacts should be included in cumulative impact total. See PASPGP-4, Part VI, A, 27. ii. Any directional boring including jurisdictional wetlands in any non navigable waters is not regulated under Section 404 of the Clean Water Act and should not be included in the cumulative impact totals. iii. Any discharge of dredged or fill material into a water of the U.S., including jurisdictional wetlands, associated with performing the