1. 105 Updates and Top Challenges For SEPA RC&D Engineer’s Workshop Montgomery County Community College May 24, 2016

2. 2 Agenda Common Mistakes in Ch. 105 Applications SPGP-5 Update Aquatic Protocol Update Wetland Mitigation for GP-7 Ch. 105 vs. Ch. 106 Disturbance Area for NPDES/105/106 E&S Plan Reviews for Ch. 105 Projects

3. 3 Common Mistakes on 105 Applications Calculation of Fees – JPs, GPs, Impacts, Rounding Determination of Perm. vs. Temporary Impacts Providing Alternatives Analysis (Particularly on sites with wetland impacts) Failure to Confirm Eligibility Criteria for GP (Each one is different) –GP-7: Ineligible in detailed FEMA study Area or if DA > 1 Sq Mi –GP-3: Maximum impact of 500 LF, Maximum wall ht. = 6 FT Wetland Replacement Plans – Need site specific data (Similar to infiltration BMPs – test pit, source hydrology, etc.) Expiration of PNDI – Only good for 2 years (Includes ALL Joint & General Permits and Waivers) Cover Requirements for GP-5 and SPGP

4. 4 SPGP-5 Updates **NEW** July 1, 2016 – June 30, 2021 SPGP-5 replaces SPGP-4. In most cases, SPGP-4 permits will be grandfathered. Changes: –Eligibility changes and definitions for Linear & Non-Linear –Cat 1 & 2 are now “Non-Reporting”; Cat 3 is now “Reporting” –Revisions to activities defined as Reporting and Non-Reporting –PA DEP to determine single & complete project based on review of applications. (New form is now 9 pages long) –Defined temporary fill to a 2-year maximum timeframe (now matches GP-8) –Require 30-day and full growing season monitoring of all temporary wetland impacts exceeding 0.1 acre.

5. 5 Aquatic Protocol Update Relates to the methodology used by DEP to establish impacts and mitigation Currently methodology based on Area Proposed methodology based on Function Mitigation Options will also change –Option 1: Buy credits at an approved wetland bank (None exist in SERO) –Option 2: Follow In-Lieu Fee Program (Still under development) –Option 3: Permittee Responsible Mitigation (Current practice) Training for the Public TBA – stay tuned

6. 6 Wetland Mitigation for GP-7 GP-7 is only GP that allows Wetland Impacts. Up to 0.10 acre and 100 ft - per crossing (If multiple crossings, 0.25 Ac. Total per GP). Any wetland impact exceeding 0.05 acre of impact requires stand-alone replacement plan. Reference § 105.17, § 105.18a, § 105.20a Requires monitoring like any other project. Moral of the Story: Keep your impacts below 0.05 acre.

7. 7 Ch. 105 vs. Ch. 106 Ch. 105 Permits – Floodway Impacts Used by all applicants For stream & wetland impacts resulting from water obstructions and encroachments Ch. 105 focuses on activities & structures over, under or at the surface.

8. 8 Ch. 105 vs. Ch. 106 Ch. 106 Permits – Floodplain Impacts Used by government entities or public utilities. Applications can be submitted two ways. Use the Joint Permit Application For impacts that create a physical change to the shape or runoff characteristics of the floodplain. Use the Site Restoration Permit Application For the removal of single structures & obstructions or multiple structures, in close proximity, that have been damaged or destroyed by an event resulting in an emergency declaration

9. 9 Earth Disturbance and 105/106 Project has NPDES Permit and 105 impacts Those areas of Earth Disturbance are subtracted from overall NPDES area. (per 102.5(i)). –Does not negate entire site from NPDES requirement. Project has NPDES & both 105 and 106 impacts Those areas of Earth Disturbance are incidental to the project and BOTH subtracted from the overall NPDES area. Project NPDES Permit & only 106 impacts Those areas of Earth Disturbance do not trigger federal permitting (CWA) – That Earth Disturbance would not be subtracted from the overall NPDES area.

10. 10 E&S Plan Reviews for 105 Projects There are some E&S Plans that are not reviewed by CDs – but instead are reviewed by DEP during the permit review. –GP-11s –Dam Removal Projects –Joint Permits and certain waivers involving predominantly in-stream work.

11. 11 Questions? Contact Info: Waterways and Wetlands Program PADEP – Southeast Region 484-250-5160