United States Department of Commerce draft environmental impact statement and the proposed Commonwealth of Pennsylvania Coastal Zone Management Program

[From the U.S. Government Printing Office, www.gpo.gov]

Commonwealth of Pennsylvania
Coastal Zone Management
Program and
Draft Environmental
OxtAv or @Co++t
Impact Statement

U.S. DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Office of Coastal Zone Management %VPATIES 0

May 1980

UNITED STATES DEPARTMENT OF COMMERCE

DRAFT ENVIRONMENTAL IMPACT STATEMENT
Un AND THE
PROPOSED COMMONWEALTH OF PENNSYLVANIA

COASTAL ZONE MANAGEMENT PROGRAM

Ole

9 4,

FA Prepared by:
Office of Coastal Zone Management
National Oceanic and Atmospheric Administration
3300 Whitehaven Street, N.W.
Washington, D.C. 20235

and

Coastal Zone Management Branch
Office of Resources Management
Department of Environmental Resources
P. 0. Box 1467
Harrisburg, Pennsylvania 17120

The coastal zone Management Program is partially financed by the
Federal Government through the Office of Coastal Zone Management,
National Oceanic and Atmosperhic Administration under Section 305
of the Coastal Zone Management Act of 1972 (P.L. 92-583) as amended.
May 1980

NOTE TO READERS

For the purposes of the Draft Environmental Impact Statement, the
Executive order and Memorandum of Understanding presented in
Appendix B, Section 1 and Section 2. respectively, are referenced
to as having been written and approved by the Governor or
appropriate Secretary.

In the Final Environmental Impact Statement, they will appear
appropriately signed and witnessed.

DESIGNATION: Draft Environmental Impact St atement,

TITLE: Proposed Federal Approval of the
Pennsylvania Coastal Zone Management
Program

ABSTRACT: The State of Pennsylvania has submitted
its Coastal Zone Management Program to the
Office of Coastal Zone Management for
approval. Approval would allow program
administrative grants to be awarded to the
State, and require that Federal actions be
consistent with the program. This
document includes a copy of the program
(Part II) which is a comprehensive
management program for coastal land and
water use activities. It consists of
numerous-policies on diverse management
issues which are enforced by various State
laws, and is the culmination of several
years of program development.

Approval and implementation of the program
will enhance governance of the State's
coastal land and water areas and uses
according to the coastal policies and
standards. The effect of these policies
is to condition, restrict or prohibit
various uses in parts of the coastal zone,
while encouraging development and other
uses in other parts. This program will
improve decision-making processes for
determining appropriate coastal land and
water uses in light of resource
consideration and increase public
awareness in' coastal resources. The
program will result in some short-term
economic impacts on coastal users but will
lead to increased long-term protection.of
the State's coastal resources.

Federal alternatives include delaying or
denying approval if certain requirements
of the Coastal Zone Management Act have
not been met. The State could modify
parts of the program or withdraw their
application for Federal approval if either
of the above Federal alternatives result
from circulation of this document.

APPLICANT: Pennsylvania Department of Environmental
Resources, office of Resources Management

LEAD AGENCY: U.S. DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Office of Coastal Zone Management

CONTACT: Mr. Peter McAvoy
Great Lakes Regional Manager
Office of Coastal Zone Management
3300 whitehaven Street, N.W.
Washington, D.C. 20235
(202) 634-4124

COMMENTS: comment period on this statement ends
July 21, 1980. The Office of Coastal Zone
Management will not granz any extengiohs
beyond the 45 day comment period.

individuals receiving copies of this Draft
Environmental Impact Statement will hot
automatically receive copies of the Final
Environmental Impact. Statement unless
specifically requested, or unless they
submit comments on the Draft Environmental
impact Statemen t@

TABLE OF CONTENTS

Page

SUMMARY . . . . . . . . . . . . . . . . . . . . .. . . .
PART I PURPOSE AND NEED . . . . . . . . . . . . ... .
PART II DESCRIPTION OF THE PROPOSED ACTION:
THE PENNSYLVANIA COASTAL ZONE
MANAGEMENT PROGRAM

CHAPTER 1 - INTRODUCTION AND OVERVIEW
Coastal Zone Management in Pennsylvania
Coastal Character - Delaware Estuary
Physical and Socio-Economic
Characteristics . . ... . . . . . . . . . . 11-1-2
Uses and Development . . . . . ... . . . . . 11-1-3
Coastal Character - Lake Erie
Physical and Socio-Economic
Characteristics . . . . . . . . . . . . . . 11-1-4
Uses and Development .. . . . . . . . . . . . . 11-1-5
Coastal Zone Problems and Issues . . . . . . . . 11-1-6
Defining the Coastal Zone Boundary
Methodology . . . . . . . . . . . . . . . II
Direct and Significant Impacts . . . . . . . II-1-10
Excluded Federal Lands . . . . . . . . . . . II-1-11
Description of the Final Coastal
Zone Boundary . . . . . . . . . . . . . . . II-1
Program Overview and Benefits . . . . . . . . . 11-1-13

CHAPTER 2 - COASTAL ZONE POLICY FRAMEWORK
Introduction . . . . . . . . . . . . . . . . . . 11-2-1
Coastal Hazard Areas . . . . . . . . . . . . . . 11-2-3
Dredging and Spoil Disposal . . . . . . . . . . 11-2-10
Fisheries Management . . . . . . . . . . . . . . 11-2-12
Wetlands . . . . . . . . . . . . . . . . . . . . II-2-is
Public Access for Recreation . . . . . . . . . . 11-2-17
Historic Sites and Structures . . . . . . . . . 11-2-19
Port Activities . . . . . . . . . . . . . . . . 11-2-21
Energy Facility Siting . . . . . . . . . . . . . 11-2-23
Intergovernmental Coordination . . . . . . . . . 11-2-27
Public Involvement . ... . . . . . . . . . . . .. 11-2-30

CHAPTER 3 - SPECIAL.MANAGEMENT CONCERNS
Geographic Areas of Particular Concern
Purpose of Designated and Nominated GAPC 11-3-1
Criteria for Nominated GAPC . . . . . . . . . 11-3-3
Priorities for Uses in Nominated GAPC. . . . 11-3-4
Inventory of Nominated GAPC . . . . . . . . . 11-3-8
Process for Future Nomination of GAPC . . . . 11-3-12
Areas for Preservation or Restoration . . . . 11-3-12
Excluded Federal Lands of Potential
State Interest . . . . . . . . . . . . . . 11-3-13

Page
Uses of Regional Benefit . . . . . . . . . . . TI-3-14
Energy Facility Planning 11-3-16
Introduction . . . . . . .
Existing Energy Facilities and
Future Needs in the Delaware 11-3-17
Estuary Coastal Zone . . . . . . . . . . .
Existing Energy Facilities and
Future Needs in the Lake Erie
Coastal Zone . . . . . . . . . . . . . . . 11-3-26
Procedures for Assessing Suitability
of Sites . . . . . . . . . . . . . . . . . 11-3-32
Enforceable Policies and Authorities 11-3-34
for Managing Energy Facilities . . . . . .
Involvement of Interested Public
and Private Parties . . . . . . . . . . . 11-3-35
Shorefront Access and Protection Planning
Requirements . . . . . . . . . . . . . . . . 11-3-36
Introduction . . . . . . . . . . 11-3-36
11-3-37
Riparian Ownership in Pennsylvania . . . . .
Definition of the Term "Beach" and
Identification of Public Areas
Meeting that Definition 11-3-38
Lake Erie Coastal Zone . . . . . . . . . 11-3-39
Delaware Estuary Coastal Zone . . . . .
A Procedure for Assessing Public Areas
Requiring Access or Protection . . . . . . 11-3-40
Demonstration Projects for Improved 11-3-42
Public Access . . . . . . . . . . . . . . 11-3-43
Consideration of SCORP Policies . . . . . .
Identification and Description of
'Enforceable Policies, Legal 11-3-44
Authorities, and Funding Programs . . . .
Shoreline Erosion/Mitigatio.n Planning 11-3-49
Introduction . . . . . . . . . . . . . . . .
Background . . . . . . . . . . . . . . . . . 11-3-50
The Problem . . . . . . * * * * ' * * * * ' 11-3-51
A Method for Assessing the Effects 11-3-53
of Erosion/Recession . . . . . . . . . . .
State Policies and Authorities 11-3-55
Pertaining to Erosion/Recession . . . . .
Procedures for Designating Areas
for Control, Mitigation or 11-3-58
Restoration . . . . . . . . . . . . . . .
Procedures for Managing the Effects 11-3-59
of Erosion/Recession . . ... . . . . . . .
CHAPTER 4 - PROGRAM AUTHORITIES AND ORGANIZATION
Management Requirements and Authorities
Introduction . . . . . . . . . . . . . . . . 11-4-1
Uses Subject to Management . . . . . . . . . 11-4-2

Page

Networking Mechanisms . . . . . . ..... . . 11-4-3
Networked Authorities . . . . . . . . . . . 11-4-4
Program Monitoring and Evaluation . . . . . . . 11-4-7
Permit Process . . . . . . . . . . . . . . . 11-4-7
Project Review Process . . . . . . . . . . . 11-4-10
Conflict Resolution . . . . . . . . . . . . . . 11-4-12
Legal Conflict Resolution . . . . . . . . . 11-4-13
Administrative Conflict Resolution . . . . . 11-4-17

CHAPTER 5 - INTERGOVERNMENTAL/PUBLIC COORDINATION
AND REVIEW

Introduction . . . . . . . . . . . . . . . ... 11-5-1
Federal Coordination Activities
Federal Agency Consultation . . . . . . . . 11-5-1
Federal Consistency .-. * * * * ' * * * * ' 11-5-3
Incorporation of Water Pollution
and Air Pollution Requirements . . . . . . 11-5-13
National Interest . . . . . . . . . . . . . 11-5-13
Interstate Coordination Activities . . . . . . 11-5-20
State Coordination Activities . . . . . . . . . 11-5-21
Local Coordination Activities . . . . . . . . . 11-5-25
Lake Erie Coastal Zone
Steering Committees . . . . . . . . . . . 11-5-25
Delaware Estuary Steering
Committee . . . . . . . . . . . . . . . . 11-5-27
Public Involvement . . . . . . . . . . . . . . 11-5-28

APPENDIX A - EXISTING MANAGEMENT AUTHORITY . . . . . . II-A-1
APPENDIX B - KEY PROGRAM REGULATIONS . . . . . . . . . II-B-1

APPENDIX C - INTERGOVERNMENTAL AND PUBLIC
PARTICIPATION ACTIVITIES . . . . . . . . . II-C-1
APPENDIX D - TECHNICAL SUPPORT INFORMATION . . . . . . II-D-1

PART III - ALTERNATIVES TO THE PROPOSED ACTION . . .
PART.IV - AFFECTED ENVIRONMENT . . . . . . . . . . . IV-1

PART V - ENVIRONMENTAL CONSEQUENCES . . . . . . . . V-1
PART VI - LIST OF PREPARERS . . . . . . . . . . . . VI-1

PART VII - LIST OF AGENCIES, ORGANIZATIONS AND
PERSONS RECEIVING COPIES OF THE DEIS . . . VII-1

LIST OF FIGURES

Figure Followin
Number Page

CHAPTER 1

i-1 Regional Location . . . . . . . . . . . II-1-1
i-2 Schematic Diagram of the
Pennsylvania coastal zone
Boundary . . . . . . .. . . . . . . . II-1-11
i-3 Delaware Estuary Coastal Zone . . . . . 11-1-12
i-4 Lake Erie Coastal Zone . . . . . . . . II-1-12
i-5 Index to Requirements for
Program Approval Under
Section 306 of the
Coastal Zone Management
Act. . . . II-1-17

CHAPTER 3

iii-1 Electric Generating Facilities
and Capabilities in the
Delaware Estuary Coastal
Zone . . . . . . . . . . . . . . . . II-3-18

CHAPTER 4

iv-1 Regional Permit Review Flow
Process. II-4-81
iv-2 Central office Permit Review
Flow Chart . . . . . . . . . . . . . II-4-8
iv- 3 Appeals Process . . . . . . . . . . . . . . . II-4-17
iv-4 DER Administrative Conflict
Resolution for Nonenforceable
Policies . . . . . . . . . . . . . . II-4-1
iv-5 State Agency Administrative
Conflict Resolution for
Nonenforceable Policies . . . . . . . II-4-18

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SUMMARY

A. Program Summary

The Pennsylvania coastal zone consists oi two widely
separated coastal areas. At the extreme northwest corner of the
State, a largely rural shoreline stretches 63 miles along Lake
@rie between the borders of Ohio and New York. Across the State
in the extreme southeast corner, the Delaware River forms a 57-
mile segment of largely urbanized coastal area from the furthest
extent of tidal influence near Morrisville to the border with the
State of Delaware. This segment contains the city of
Philadelphia, the fourth largest city in the United states. Both
coastal areas share common concerns, but there are also coastal
issues which are of more significance to one area than the other.

Issues

The Pennsylvania Coastal Zone Management Program (CZMP), in
addressing the major coastal resource management issues of State,
Federal, and local concern, has developed policies in ten areas
to guide State decision-making.in-the coastal zones. These areas
are:

1. Coastal Hazards
2. Dredying and'Spoil Disposal
3. Fisheries Management
4. wetlands
5. Public Access for Recreation
6. Historic sites and Structures
7. Port Activities
8. Energy Facility Siting
9. Intergovernmental Coordination
10. Public Involvement

management Techniques

Pennsylvania proposes to combine multiple authorities and
programs of the Commonwealth into a set of regulatory and
nonregulatory policies. These policies will be applied in a
uniform fashion to address the ten coastal issues throughout the
Lake Erie and Delaware Estuary coastal zones. The agencies of
the Commonwealth responsible for carrying out the authorities and
programs which are incorporated into the management program will
be legally or administratively bound to implement them in
accordance with the policies of the program by force of an
Executive Order and memoranda of Understanding with the
Department of Environmental Resources.

The regulatory aspect of the program is centered around the
following State authorities:

1. Dam Safety and Encroachment Act (controls obstructions
and encroachments in wetlands and in the beds of Lake
Erie and the Delaware River);

2. Floodplain'Management Act;

3. Bluff Recession and Setback Act

4. Clean Streams Act, as amended; and

5. Air Pollution Coatrol Act, as amended.

All activities proposed for areas within the coastal zone
which are subject to the,Dam Safety and Encroachments Act, the
Floodplain Management Act, and the Bluff Recession and Setback
Act will be subject to the management program. Activities
throughout the coastal zone which are. subject to the Clean
Streams Law and Air Pollution-Control Act will also be subject to
the management program. These and other regulatory authorities
which are incorporated into the management program ate discussed
in Appendix A.

There are provisions for local administration of two program
authorities based on State standards. These are the Floodplain
management Act, administered by the* Department of community
Affairs and the Department of Environmental Resources, and the
Bluff Recession and Setback Act, administered by the Department
of Environmental Resources.

Planning and technical assistance will be a large component
of the nonregulatory aspects of the Pennsylvania CZMP. major
activities to be undertaken include:

1. Grants to local governments fox updating comprehensive
plans, zoning ordinances-, and regulations,

2. Grants to local/regional agencies to encourage
additional public access at specific sites along the
shorelines of Lake Erie and the Delaware River.

3. Technical assistance to property owners to provide
advice on the best techniques for preventing shoreline
erosion and protecting shoreline property.

4. Planning assistance to the Ports of Erie,
Philadelphia, and Chester.

5. Financial assistance to the Pennsylvania Fish
Commission to develop a comprehensive coastal

fisheries management plan for the Delaware River
Estuary and Lake Erie.

6. Development of a process to streamline and simplify
regulatory processes in the coastal areas.

7. Acquisition of wetlands and coastal access sites with
CEIP funds if the sites become available.

8. Small scale preservation and restoration projects of
recreation and historic sites.

Progra Monitoring and Evaluation

The CZMP will monitor the activities of the State agencies
through:

1. Individual review of- State permits in the coastal
area.

2. Periodic review of, locally administered State
aitborities.

3. Various project review committees such as the coastal
Zone Advisory Committee, the Water Resources
Coordinating committee, and the Water Resources Policy
Advisory Committee.

4. A-95 process and.the State Project Review Evaluation
Process.

5. Review of the Pennsylvania Bulletin which provides
official notice of actions of the Commonwealth.

Implementation Of the program will be accomplished through
the statutory provisions networked into the program and reliance
upon the Executive order and Memoranda of Understanding. In the
case of the Bluff Recession and Setback Act and the Floodplain
Management Act which are administered by local governments, the
Department of Environmental Resources can bring judicial action
against a municipality which it finds has failed to comply with
the provisions of the Acts or the regulations. Enforcement of
the program is facilitated by the fact that all of the five major
regulatory authorities are administered by the Department of
Environmental Resources, the lead CZM agency.

The State agencies subject to the Executive Order are:

1. Department of Commerce
2. Department of Community Affairs
3. Department of Environmental Resources
4. Department of Transportation

Agencies bound to comply with the management program by a
Memorandum of Understanding are:

1. Fish commission
2. Historical and Museum Commission
3. Public Utility Commission

In addition, navigable waters, air, wetlands, and all other
public trust resources of the Commonwealth are protected by
Article 1, Section 27, of the Pennsylvania Constitution. The
constitutional provision mandates that all state agencies,
independent boards and commissions, and executive departments
conduct their activities in a manner which protects these public
trust resources of the commonwealth.

Conflict Resolution

Most conflicts which arise during implementation of the
program will be resolved through informal staff level
discussions. In those instances where conflicts cannot be
resolved informally, a number of legal and administrative
mechanisms are available to resolve the conflict. The legal
mechanisms available to agencies, groups, and individuals are the
legislative process, the Environmental Quality Board, the
Environmental Hearing Board, citizen suits under Article I,
Section 27 of the Pennsylvania Constitution, and other judicial
processes. Administrative mechanisms include intradepartmental
processes within the Department of Environmental Resources and
interdepartmental processes between State agencies which are
networked @into the program. These processes will involve the
Governor, the Governor's cabinet, the coastal zone advisory
committee, as well as informal staff level discussion.

Coastal Boundary

The boundary of the Lake Brie coastal zone is as follows:

1. Extends to the international boundary with Canada in
Lake Erie..

2. Extends from 400 feet to over three miles inland from
the shoreline. This area includes erosion hazard
areas, wetlands, and floodplains in which the State
can manage activities with direct and significant
impacts on coastal waters.

3. Extends on land and water to the borders with Ohio and
New York.

The boundary of the Delaware Estuary coastal zone is as
follows:

1. Extends to the boundary with New Jersey in the
Delaware River.

2. Extends from 1/8 to over 3-1/2 miles inland from the
banks of the Delaware. This area includes wetlands
and floodplains in which the State can manage
activities with direct and significant impacts on
coastal waters.

3. Extends on land and in water from the upper extent of
tidal influence near Morrisville, Pennsylvania, to the
border with Delaware.

In both areas the boundary excludes lands the use of which
is by law subject solely to the discretion of or which is held in
trust by the Federal Government, its officers or agents.

Program Funding

The Pennsylvania Coastal Zone Management Program will be
financed through funds provided by annual grants from the
National oceanic and Atmospheric Administration (NOAA) pursuant
to Section 306 of the Coastal Zone Management Act, as amended,
and State funds used to match the Federal funds. Up to 80
percent of the costs of program implementation can be funded with
Federal monies. Approximately $1 million will be available
annually in Federal funds to assist the Commonwealth in carrying
out its management program. in addition, the State is eligible
for funding from the Coastal Energy Impact Program (CEIP) as a
result of its participation in the Federal Coastal Zone
Management Program. CEIP funds are available to deal with the
impacts of Outer Continental Shelf energy activities or coastal
energy activities and will be used to help carry out the policies
of the CZM Program.

As a result of implementing the Pennsylvania Coastal Zone
Management Program, institutional, environmental, social, and
economic changes are likely to result-in the two coastal areas.

The following institutional changes will occur as a result
of the Pennsylvania CZM Program:

1. The Executive Order and Memoranda of Understanding
will direct State agencies, independent boards and
commissions, and executive departments to be
consistent with the policies of the management
program. Formerly independent actions of State
agencies will now be subject to scrutiny of the
management program., This will result in an increased
level of coordination and information exchange between
State agencies and tile Pennsylvania CZM Program.

2. Uses and resources that are in the national interest
will be considered in Sr-ate decision-making.

3. measures to simplify coastal regulatory procedures and
improve intergovernmental coordination in the
management of coastal resources will be implemented.

4. Procedures to ensure the consistency of Federal
actions in the CZM Program will be instituted.

Environmental changes will occur as the State begins to
implement its new floodplain, wetlands, and erosion hazard
setback authorities. Management of fioodplain areas will require
local participation in the National Flood Insurance Program,
prohibitions against construction of certain special hazards in
floodplains, and regulation of:

1. Any obstruction otherwise regulated under the Water
Obstructions Act (as replaced by the Dam Safety and
Encroachments Act).

2. Any flood control project constructed, owned, or
maintained by a governmental unit.

1
3. Any highway or other obstruction, constructed, owned,
or maintained by the Commonwealth or a political
subdivision thereof.

4. Any obstruction owned or maintained by a person
engaged in the rendering of a public utility service.

The Dam Safety and Encroachments Act gives the State
authority to protect wetlands. Activities proposed for wetland
areas of the coastal zone will have to meet performance standards
as stated in Chapter 105 of the Pennsylvania code of Regulations.
These standards will require that the maintenance of the
character and function of coastal wetlands be the primary
consideration for the permitting of any action occurring in those
wetlands.

Provisions of the Bluff Recession and Setback Act will
require structural setbacks in erosion hazard areas. This will
help to slow the rate of bluff erosion caused by the weignt of
structures and the additional overland runoff they induce. it
will help to prevent structures, septic tanks, public
infrastructure such as roads and utilities and other materials
from falling into Lake Erie, thereby reducing a potentially
hazardous situation in the nearshore areas of the lake.
Ultimately, it will safeguard the public from hazardous
development.

Social changes are likely to occur as a result of increased
efforts to provide recreational access to the waters of Lake Erie
for sightseers, pier fishermen and boaters. Additional access
sites for pedestrians coupled with the present efforts at
stocking salmonids in Lake Erie and improving water quality in

the Delaware River will increase recreational opportunities to
millions of people in the Commonwealth.

Economic changes likely to result from program
implementation are as follows:

1. Decrease public cost for disaster assistance as a
result of inappropriate activities in flood and
erosion hazard areas.

2. Decrease the cost to individuals and corporations of
securing permits for coastal activities as a result of
faster, more streamlined permitting systems and
improved intrastate coordination and State/Federal
coordination.

3. Provide increased opportunities for water dependent
industry along both waterfronts.

4. Provide incentive for expanding economic development
in port areas.

5. Decrease in the value of some property that will be
subject to the regulatory aspects of the management
program. This decrease, however, should*be offset *by
the public values provided by the natural function of
wetlands and floodplains, and decrease of public
payments for victims subject to flooding and erosion
losses and reduction of costs of replacing facilities
constructed with public funds.

6. Increase recreat ional business opportunities as more
people take advantage of increased recreational
opportunities provided by the program.

In addition to making these major improvements to the
overall management structure, the Pennsylvania Coastal Zone
Management Program will also make a number of other improvements
to the management system. These improvements include the
following:

1. Nomination of geographic areas within the coastal
boundary that are of particular concern to the State,
and implementation of special management techniques
for these areas.

2. implementation of special planning procedures to work
-toward the resolution of specific problems in the
following three areas:

- Shoreline erosion
- Shorefront access and protection
- Energy facilities

Vii

3. Implementation of measures to improve public awareness
of coastal issues and increase public participation in
coastal decision-making processes.

4. Implementation of special measures to improve the data
base for coastal management and conduct special
management studies as necessary.

C. What The Program Will Not Do

The Pennsylvania Coastal Management Program is designed to
provide solutions to coastal problems and issues that have a
direct and significant impact on the coastal zone. However, it
is not designed to:

1. Substantially alter the respective governmental
jurisdiction over coastal resources, activities or
land uses. Agencies currently having responsibility
for management of these resources and activities will
continue to exercise their authorities in accordance
with the policies, standards and evaluation procedures
established by the Pennsylvania Coastal Management
Program. Two exceptions to this are: a) the local
administration of State erosion setback regulation's
along the Lake Erie shoreline; and b) State control
over water obstructions and encroachments in the
Delaware River within the City of Philadelphia
(formerly these were under the control of the City of
Philadelphia) .

2. Control all development in or near the coastal zone.
Development is permissible and encouraged in the
coastal zone as long as it meets certain performance
standards in wetlands and floodplains in both coastal
zones, and erosion hazard areas along Lake Erie, and
air and water quality regulations throughout the
coastal zone.

3. Change the existing patterns of public and private
shorefront ownership, except that additional public
recreational access will be encouraged through
acquisition of suitable properties, when they are
available, by traditional acquisition programs.

4. Provide funds for land acquisition. Grants to
implement the management program prohibit land
acquisition. The State will use the management
program only to undertake the preliminary steps
necessary to determine if acquisition to meet program
objectives is feasible. However, funds from CEIP will
be used to acquire wetlands and sites for public areas
if and when they become available.

Viii

D. Areas of Controversy

Throughout the process of program development, some agencies
and individuals have raised issues of concern regarding certain
aspects of the program.

The arguments concerning these issues have been that:

1. The program was an effort by the State to exercise
comprehensive control over all land use in the coastal
zone.

The major goal of the CZMP is to strengthen the capacities of the
State and local units of government to manage the coastal
resources of the Commonwealth more efficiently, while addressing
specific issues of State and local concerns including the
encouragement of economic development and the protection of
important natural resources. In so doing, the program recognizes
the long standing authority vested in local governments to manage
local affairs and it is designed to assist them wherever possible
in these efforts. The program will not create a new layer of
government at the Federal, State, or local level. The
Pennsylvania coastal zone management program is not a zoning
program. Coastal zone management in the Commonwealth is not
based on, and does not advocate, Federal or State comprehensive
land use regulation. Specific concerns of the coastal zone plan,
such as water quality improvement, bluff recession hazards and
floodplain development, can be and are addressed through specific
State and local programs without intruding on the fundamental
resDonsibilities of municipalities for land use planning and
zoning. At the same time, local governments are encouraged to
consider and, if possible, incorporate coastal concerns - both
problems and opportunities _. in carrying out municipal land use
planning, subdivision and zoning efforts.

2. The program will add another layer of bureaucracy.

other state agencies and bureaus within the Department of
Environmental Resources had expressed this concern. However, the
CZMP has demonstrated that tbrough its review and monitoring of
State agency activities within the coastal areat other agencies
will be apprised of projects and activities concurrently.
Formeriyo, agencies and departments may not have learned, of
projects outside their purview until late in project development.
This effort to improve state agency coordination should result in
fewer project delays and better decision-making by the
responsible State agencies.

3. The program would impede or deny economic growth and
development in tne coastal areas because of an
excessive environmental orientation.

The program will not discourage appropriate economic growth in
coastal areas. in fact, the program has designated development
opportunity areas as special management areas that should be used

to accommodate growth and economic development. in addition,
several of the Statels coastal policies encourage economic
development. The State will permit development activities to
occur provided they have met any regulatory standards to which
the activities may be subject. Finally, the CZMP will improve
and streamline the permit decision-making process in order to
help encourage appropriate economic development.

E. Issues to be Resolved

At this time, the issues to be resolved prior to program
approval are as follows:

1. Passage of the Bluff Recession and Setback Act.

2. Designation of Bluff Recession Hazard Areas.

3. Adoption of final regulations for the Floodplain
Management Act, Bluff Recession and Setback Act, and
Dam Safety and Encroachments Act. Draft regulations
for these three 'pieces of legislation are found in
Appendix B.

F. Major Conclusions

Pending the passage of the Bluff Recession and Setback
legislation and adoption of implementing regulations for the Dam
Safety and Encroachments Act, the Flbodplain Management Act, and
the Bluff Recession and Setback Act, as well as designation of
bluff recession hazard areas, OCZM has, made the preliminary
determination that the Commonwealth of 'Pennsylvania coastal zone
Management Program has progressed sufficiently and that a Draft
Environmental Impact statement will be issued on the program.

Signed into law May 13, 1980.

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PART I - PURPOSE AND NEED

The Federal Coastal Zone.Management Program

in response to the intense pressures upon, and because of the
importance of the coastal zone of the United States, Congress
passed the Coastal Zone Management Act (P.L. 92-583) which was
signed into law on October 27, 1972. The Act authorized a
Federal grant-in-aid program to be administered by the Secretary
of Commerce, who in turn delegated this responsibility to the
.National oceanic and Atmospheric Administration's (NOAA) Office
of Coastal Zon.e Management (OCZM).

The Coastal Zone Management Act of 1972 developed from a series
of studies on the coastal zone and its resources. National
interest can be traced from the Committee on oceanography of the
National Academy of sciences (NASCO) 12-volume report
110ceanography 1960-197011 (1959), to the report of the Commission
on Marine Science, Engineering and Resources (1969), which
proposed a Coastal Management. Act that would "provide policy
objectives for the coastal zone and authorize Federal grants-in-
aid to facilitate the establishment of State Coastal Zone
Authorities empowered to.manage the coastal waters and adjacent
,land". The National.Estuarine Pollution Study (1969), authorized
by the Clean Water Restoration Act of 1966 and the National
Estuary Study authoriz'ed by the Estuarine Areas Study Act of
,.1968, further documented the importance of and the conflicting
demands upon our Nation's coast. These reports stressed the need
to protect and wisely use the important national resources
contained in the coastal. zone and concurred that a program
designed to promote the rational protection and management of our
coastal zone was necessary.

The'Coastal Zone Management Act of 1972 was substantially amended
on July 26, 1976 (P.L. 94-370). The Act and the 1976 amendments
will be referred to in this statement as the CZMA. The CZMA
affirms a national interest in the effective protection and
development of the coastal zone, by providing assistance and
encouragement to coastal states to develop and implement rational
programs for managing their coastal zones. The CZMA opens by
stating "there is a national interest in the effective
management, beneficial use, protection,land development of the
coastal zone" (Section 302(a)). The statement 'of Congressional
findings goes on to describe how competition for the utilization
of coastal resources, brought on by the increased demands of
population growth and economic expansion, has led to the
degradation of the coastal environment, including the "loss of
living marine resources, wildlife, nutrient-rich areas, permanent
andadverse changes to ecological system, decreasing open space
for public use, and shoreline erosio0. The CZMA then states
the key to more effective protection and use of the land and
water resources of the coastal zone is to encourage states to
exercise their full authority over the land and waters in the

coastal zone by assisting states in developing land and
water use programs . . . for dealing with (coastal) land and
water use decisions of more than local significanceff
(Section 302(h)).

While local government and Federal -agencies are required to
cooperate and participate in the development of management
programs, the state level of government is given the central role
and responsibility for this process. Financial assistance grants
are authorized by the CZMA to provide states with the means of
achieving these objectives and policies. Under Section 305, 30
coastal states which border on the Atlantic -and Pacific oceans,
Gulf of Mexico, and the Great Lakes, and four U.S. Territories
are eligible to receive grants from NOAA for 80 percent of the
costs , of developing coastal management programs. Broad
guidelines and the basic requirements of the CZMA provide the
necessary direction for developing the programs. Theupdated
guidelines defining the procedures by which states can qualify to
receive development grants under Section 305 of the CZMA, and the
policies for development-of a state management program, were
published on March 28, 1979 (.15 CFR Part .923),, 44 Federal
Register '(61): 18.590-186.24). 'Fox example, during the program
development, each state must address specific issues such as the
boundaries of its coastal zone; geographic areas of particular
concern; permissible and'priority land andwater uses including
sp ecifically those that are undesirable or of lower priority; and
areas-for preservation or restoration,. During the planning
process, the state is directed to consult with local governments,
regional agencies and relevant Federal agencies, as well as the
general public. Federal support can be provided to states.for up
to four years for this program development phase.

After developing a management prcgram, the state may submit its
coastal management program to the Secretary of Commerce for
approval; if approved, the.state is then eligible for annual
grants under Section 306 to administer its management program.
If a program has deficiencies which can be remedied or has not
received Secretarial approval by the time the Secticn-305 grant
has expired, the state is eligible for additional funding under
section 305(d).

Section 308 establishes a coastal impact assistance program
consisting of:

1. Annual formula grants (100 percent Federal share) to
coastal states, based upon specific Cuter Continental
Shelf (OCS) energy acti vity criteria (Section 308(b)).

2. Planning grants (80 percent Federal share) to study
and plan for economic, social, and environmental
consequences-resulting from new or expanded energy
facilities (Section 308(c)).

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3. Loans or bond guarantees to states and local
governments to improve j;ublic facilities and services
required as a result of new or expanded coastal energy
activity (Sections 308 (d) (1) , and (d) (2)

4. Grants to coastal states or local governments if they
are unable to meet obligations under a loan or
guarantee because the energy activity and associated
employment and population do not generate sufficient
tax revenues (Section 308(d)(3)).

5. Grants to coastal states if such states' coastal zone
suffers any unavoidable loss of valuable environmental
or recreational resources which results from coastal
energy activity (Sections 308(b) and (d)(4)).

In order to be eligible for assistance under Section 308, coastal
states must be receiving Section 305 or 306 grants, or in the
Secretary's view be making satisfactory progress toward the
development of a management program which is consistent with the
policies of section 303 of the Coastal Zone Management Act.

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Part I I
Description of
t the. Proposed Action:
The Pennsylvania
oastal Zone
Management Program.

ACKNOWLEDGMENTS

The Pennsylvania Coastal Zone Management Program has been
prepared by the staff of the Coastal Zone Management Branch of
the office of Resources, Department of Environmental Resources,
Harrisburg, Pennsylvania. Supplemental technical assistance was
provided by the Delaware Valley Regional Planning commission and
the Erie County Department of Planning. The following
individuals were directly responsible for its contents:

Coastal Zone Management Branch

E. James Tabor, Program Manager
Gerald M. Sudick, Planning Chief
William E. Johnson, Coastal Planner
Eric R. Conrad, Coastal Planner
M. Duke Pepper, Legal Counsel
Peggy Ashenfelder, Secretary

Delaware Valley Regiona Planning Commission

Michael A. Wolf, chief of Land Resources planning

Erie County Department of Planning

Christopher Capotis, Executive Director
Paul D. Knuth, Special Consultant
Burton 0. Witthuhn, Special Consultant

COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL RESOURCES
P. 0. Box 1467 Harrisburg, Pennsylvania 17120 _7
May 30, 1980
In reply refer to
RM-CZM
W 69:18

Michael Glazer, Assistant Administrator
for Coastal Zone Management
Office of Coastal Zone Management
National Oceanic and Atmospheric Administration
3300 Whitehaven Street, N.W.
Washington, D.C. 20235

Dear Mr. Glazer:

I am pleased to transmit to you the Draft Environmental Impact
Statement for the Commonwealth of Pennsylvania's Coastal Zone Management
Program. This document has been prepared in accordance with the provisions of
Section 306 of the Coastal Zone Management Act, as amended, and will hopefully
lead to Federal approval of Pennsylvania's management program in September 1980.

The Draft Environmental Impact Statement will be made available for
widespread distribution to affected governmental agencies,:'interest groups, and
concerned citizens at the Federal, State and Local levels. Based upon the
results of this essential review process, we anticipate working closely with you
and your staff to make necessary revisions in the document in order to achieve a
program that is fully acceptable to the Governor of Pennsylvania and the Office
of Coastal Zone Management.

When all comments have been adequately addressed and appropriate
changes made, the document will be submitted to the Governor for approval and
then republished as a, Final Environmental Impact Statement. The Final
Environmental Impact Statement will be formally transmitted to the Office of
Coastal Zone Management for final Federal review and approval.

We look forward to a continued cooperative relationship throughout the
review Process and the final stages of developing a viable management program
for Pennsylvania's Delaware Estuary and Lake Erie coastal zones. The time has
come to complete the planning And refocus our attention and efforts towards
implementing a sound and rational program for protecting and upgrading the
Commonwealth's valuable economic and environmental coastal resources.

Sincerely,

-4L.,
r-iHr McConnell, Deputy Secretary
Resources Management

Attachment

Chapter 1

Introduction
and
Overview

COASTAL ZONE MANAGEMENT IN PENNSYLVANIA

According to the definition in the Coastal Zone Management Actv
Pennsylvania qualifies as a "coastal state" because of two widely
separated areas. The 63-mile long Lake Erie shoreline and the
57-mile segment of the tidal Delaware River in Pennsylvania are
both eligible for coastal zone management. Interestingly,
Pennsylvania is the only state in the country, other than New
York, with two such widely separated coastal zones. The regional
locar-ion map (Figure i-1) indicates the position of
Pennsylvania's two coastal zones relative to those of nearby
Great Lakes, New England, and Mid-Atlantic states.

Although the Coastal Zone Management Act was passed by Congress
and signed into law October 27, 1972, funding was not available
until 1974. In June, 1974, the Governor designated the
Department of Environmental Resources as the lead agency for
Pennsylvania's Coastal Zone Management Program.

During the next three years, the Department of Environmental
Resources worked with other state agencies, local study area
consultants, elected officials, shorefront industries, And
interested citizens to produce the Coastal Zone Management
Program, which is described in this document.

Pennsylvania made special efforts to coordinate ir-s Coastal Zone
management Program with adjacent states such as: New Jersey,
Delaware, New York, and Ohio. Efforts to achieve consistency had
to overcome widely different laws and regulations, as well as
separate timetables and schedules'.

The first year of the program was devoted exclusively to
inventory work and data gathering. During the second year, work
progressed on resource analysis and the development of working
papers and technical memoranda on 'elements required by the Act
and by Federal guidelines. The third year of the program was
spent in preparing a 500-page Draft Technical Record including
more than 50 accompanying maps. This document represented the
first and most comprehensive statement prepared by the
Commonwealth of Pennsylvania, which concerns both the protection
and development of coastal resources. The Draft Technical Record
has been distributed to local municipalities and governmental
agencies throughout the coastal zones as a reference document,
and used to assist in the preparation of a final and approved
management program.

Efforts during the fourth year of r-he program focused on the
refinement and finalization of policies, management authorities
and implementation mechanisms for carrying out the goals and
objectives of Pennsylvania's Coastal Zone Management Program.
These critical elements, along with other technical requirements
of the Federal Coastal Zone Management Act, are contained in this

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Draft Environmental Impact Statement of the Pennsylvania Coastal
Zone Management Program.

COASTAL CHARACTER - DELAWARE ESTUARY

Physical and Socio-Economic Characteristics

The Delaware River stretches 330 miles from its headwaters in the
Catskill Mountains of New York to the Atlantic Ocean. At
Trenton, 134 miles from the sea, the river drops through its last
series of rapids and becomes an estuary, subject to the ebb and
flow of daily tides. The estuary is where the major ports and
industrial centers of Philadelphia, Camden, Wilmington and
Chester are located. oil refineries, chemical plants, steel
mills, warehouses, power plants, container terminals, railroads,
highways, and bridges dominate the waterfront.

of the 52 square miles of land area within the coastal zone,
about two-thirds is developed, mostly as manufacturing or
transportation facilities. There is a notable absence of
recreational, cultural, and residential areas4 About 33,000
people reside in the coastal zone; and in spite of the nearly 14
square miles of industrial and commercial lands, there are less
than 80,000 employees.

Philadelphia County has the most completely developed waterfront
with more extensive transportation facilities than the other two
counties. A diverse mix of land uses occupies the rest of
Philadelphia's riverfront, including manufacturing, utilities and
military facilities. Philadelphia has the largest employment
base of the coastal counties with 68 percent of the 78,486
workers in the Delaware Estuary coastal zone. Over half of
Philadelphia's workers are in the finance, service, military and
government sector, approximately double the number of workers in
the manufacturing and construction category. In contrast, over
85 percent of all workers in Bucks and Delaware Counties are in
the manufacturing and construction category. Philadelphia also
contributes over 85 percent of coastal jobs in the
transportation, communication and utilities sector.

Delaware County has the highest population within the boundaries
of the coastal zone, with about 50 percent more residents than
either Philadelphia or Bucks Counties. Unlike communities in
Bucks County, residential areas in Delaware County do nor- extend
right up to the riverfront In Delaware County, a larger share
of waterfront is devot;d to manufacturing than in either
Philadelphia or Bucks Counties. Tinicum Marsh, covering
approximately 500 acres, is all that remains of the tidal
wetlands which originally encompassed at least 13,000 acres
between the Chester Creek in Delaware County and the Frankford

11-1-2

Creek in Philadelphia. stills Tinicum Marsh contains
Pennsylvania's largest tidal wetiand area.

Notable features of the coastal zone in Bucks County include the
4,000 acre U.S. Steel site, which employes more than 8,000
workers, and the 2,300 acre man-made lakes created by sand and
gravel extraction on property owned by the Warner Company. The
shoreline of Bucks County includes a wide variety of uses; and
about five miles of riverfront are occupied by residential,
recreational, or cultural uses, which are unusual in the other
counties.

Uses and Development

Ports and Navigation - The collective "Ports of Philadelphia"
(including berths in Pennsylvania, New Jersey, and Wilmington,
Delaware) comprise the largest freshwater port in the world.
Philadelphia is the second largest U.S. porz in number of vessels
handled and the third busiest seaport in the world. Commercial
shipping, both international and domestic, is a key ingredient of
the region's economy. over 9 000 manufacturing concerns and at
least 100,000 job opportunities are dependent on port activities.

Water Suppl Y - Electric generating stations withdraw twice as
much water as all municipal and self-supplied industrial uses
combined. In 1976, the six Philadelphia Electric Company
stations in the coastal zone withdrew 1.015 billion gallons per
day from the Delaware and Schuylkill Rivers. (The consumptive
loss was estimated at only 4 million gallons per day, or about .4
percent of the'total.)

The Delaware River is the primary water resource for municipal
and industrial use. Most municipal water in the coastal zone is
sold domestically. There are a few cases in which industry buys
a large portion of a municipal supply. The Bristol Borough and
Philadelphia water Departments are two municipal suppliers which
sell a substantial portion of their water to industry.

Waste Disposal - The three large Philadelphia planr-s, six smaller
ones in Bucks County and thirteen plants of varying size in
Delaware County, constitute the municipal dischargers in the
coastal zone. Background pollution loadings from upszream
tributaries and the river's main stem will, in the natural course
of events, be carried into the tidal Delaware. In addition to
these municipal dischargers, the coastal zone has numerous
industrial waste dischargers. Because water is used for a wide
range of industrial processes, industrial waste products often
differ greatly from domestic wastes, thereby requiring special
treatment processes. Although municipal facilities often treat
industrial wastes, many industries must employ their own

11-1-3

pretreatment technology in order to comply with State and Federal
regulations.

Recreation - In spite of the intensity of development along the
Delaware River, numerous recreational areas and opportunities
exist. Pressures for additional recreational sites are expected
to increase in the future as travel becomes increasingly
expensive and as water quality in the estuary improves in
response to Federal, State, and local programs and investment.

Due to the highly developed nature of the Delaware Estuary,
multiple use concepts will be encouraged to provide additional
recreational opportunities in the coastal zone. These concepts
stress the incorporation of recreation and public access into
industrial, commercial, or residential development or
redevelopment plans and proposals.

Fish and Wildlife Habitat - The estuary is extremely important to
anadromous fish by providing a place for spawning. Twenty-five
indigenous and anadromous species are known to frequent the
estuary but at different times and in different locations during
the year. only the upper portion of the estuary is capable of
supporting the full range of life functions for fish propagation,
maintenance, and growth year round.

over 250 species of birds are known to nest or migrate through
the Delaware Valley. Tinicum Marsh is the main stopover and
nesting coastal zone site for waterfowl.

COASTAL CHARACTER-LAKE ERIE

Physical and Socio-Economic Characteristics

Lake Erie, which covers 9,940 square miles, is the smallest of
the Great Lakes except for Lake Ontario. Sixty-three miles of
the southern shore of Lake Erie are in the "chimney" of
Pennsylvania, between the state boundaries of Ohio and New.York.

The most outstanding feature of the Pennsylvania shoreline is the
seven-mile long Presque Isle Peninsula which attracts three to
four million recreational visitors each year. This 3,200 acre
sand spit curves out into the lake forming Presque Isle Bay and
sheltering Pennsylvanials only Great Lakes port.

The beaches, dunes and lagoons of Presque Isle contrast sharply
with the system of bluffs ranging in height from 10 to 170 feet
which separates Lake Erie from the rest of Erie County. There
are no major river systems flowing into Laxe Erie in
Pennsylvania; but there are 50 minor streams, some of which have
cut deep gorges into the landscape.

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The urban and suburban portions of the City of Erie occupy the
central third of the Lake Erie shoreline. The remaining land is
sparsely developed with a more rural character.

The coastal zone is strongly influenced by its proximity to the
lake. In addition to the recreational activities centered at
Presque Isle and a few other public and private access areas,
Lake Erie provides a major source of water for both household and
industrial use. Recent proposals include an electric generation
station and a modern steel plant.

The climatic effect of Lake Erie extends the growing season, and
moderates temperature variations which permit the production of
specialty crops such as grapes and other orchard products. In
the eastern portion of the Lake Erie coastal zone, almost one-
third of the land is devoted to fruit production.

A total of ten municipalities and Presque Isle State Park
encompass the Lake Erie coastal zone. Together this area totals
approximately 52,800 acres or about 83 square miles. The
population of the final coastal zone area in 1970 was 22,898. By
1975, it was estimated at' 23,569 people, an increase of 2.9
percent. The projected Lake Erie coastal zone population by the
year 2000 is 28,337 people, an increase of 23.8 percent over the
1970 figure.

Uses and Development

Ports and Navigation - The Erie harbor is completely surrounded
by the Presque Isle Peninsula except for the channel entrance.
The harbor is currently not used to capacity. The principle
shipping and' docking facility in the port is the Erie
International Marine Terminal. Shipbuilding and repair services
are a major activity of the Erie harbor. The most modern
shipbuilding facility on the Great Lakes is located immediately
north of German Street.

Water Supply - The Pennsylvania Electric Company (Penelec) is by
far the largest water withdrawer in the Lake Erie coastal zone.
It withdraws approximately 126 million gallons per day from
Presque Isle Bay for use in cooling steam generators. There are
four other water withdrawal systems in the study area which use
Lake Erie as a water source. Two of these are municipal systems
and two are industrial systems.

Waste Disposal - A total of 56 permitted sewage discharges are
located in watershed tributaries to Lake Erie. Six discharge
directly into Lake Erie and the remainder discharge into streams
which flow into Lake Erie and Presque Isle Bay. Included within
the total number are eight municipally owned facilities, 20

11-1-5

industrial facilities, 27 privately owned wastewater facilities,
and one power generating facility.

Recreation - Recreation is by far the greatest use of coastal
waters TI-Erie County. All types of recreation associated with
water are to be found along the shore of Lake Erie and Presque
Isle Bay. Some of these include: swimming, sail and power
boating, water skiing, fishing, ice fishing, skating and ice
boating.

Public boat launching sites include the following: Raccoon Creek
County Park, Springfield Township; Pennsylvania Fish Commission
site at the mouth of Walnut Creek, Fairview Township; several
sites on the bay side of Presque Isle State Park; two ramps
operated by the City of Erie; Shades Beach County Park,
Harborcreek Township; and Dalrymple Beach operated by the
Pennsylvania Fish Commission in North East Township.

Sport fishing is a year-round activity in the waters of the Erie
County coastal zone. Presque Isle and Misery Bays are
particularly active spots where fi sh are caught throughout the
year.

Fish and Wildlife Habitat - There are about 40 fish species found
in Pennsylvania's portion of Lake Erie coastal waters. These
fish can be broken down into three main classes; rough fish
(carp, suckers, etc.), forage fisn (shiners, alewife, etc.), and
sport fish. Sport fish includes yellow perch, white bass,
walleye, trout, and salmon. Fish which live close to the
shoreline closely resemble the open-lake fishery..

Presque Isle Bay and the lagoons of Presque Isle provide various
fishing opportunities. The Presque Isle sport fishing is
composed of the following species: bullheads and catfish, yellow
perch, northern pike, largemouth bass, bluegill, crappie,
sunfish, and muskellunge.

A large variety of birds exist in the coastal area. A total of
237 species of birds have been counted on Presque Isle and its
immediate vicinity; a larger number than have been identified in
any other area of comparable size in Western Pennsylvania.

COASTAL ZONE PROBLEMS AND ISSUES

During the four year period in which Pennsylvania's Coastal Zone
Management Program was being developed, many different problems
and issues affecting Lake Erie and the Delaware Estuary were
identified, discussed, and researched. Elected officials,
governmental agencies, citizens, scientists, shorefront

11-1-6

industries, and previously prepared studies were consulted, and a
long and comprehensive list of problems and issues was
identified.

After a good deal of debate and discussion, the large,
comprehensive list of problems was selectively narrowed to allow
the Coastal Zone Management Program to focus on ten major problem
areas. These problems and issues are either concentrated in
coastal areas or are so important that it was determined that
they must be immediately addressed by the management program.

other problems, identified and discussed during the planning
process, may be addressed at some time in the future if they
become major coastal issues and have direct and significant
impacts on coastal waters.

The problems and issues briefly identified below are tne central
focus of Pennsylvania's Coastal Zone Management Program.
Additional detail appears in Chapter 2 which describes the
coastal policies and Pennsylvania's regulatory and administrative
authorities.

1. Coastal Hazards: Historically, development that has been
permitted to occur too near the edge of the bluffs along
Lake Erie has suffered major damage from erosion. Man-made
structures constructed at the foot of the bluff to provide
protection from erosion often interfere with water currents,
tnus aggravating shorefront problems. In addition, many of
the Statels coastal areas have experienced recurring,
predictable flooding problems because of a lack of awareness
or concern with the extent of the floodplain.

2. Dredging and Spoil Disposal Activities: Dredging is an
activity vital to the economic health of Pennsylvania's
ports. However, areas suitable for disposal of dredged
materials are extremely limited and disposal may prohibit
other coastal activities.

3. coastal Fisheries: Both of Pennsylvania's coastal areas
once had significant commercial fisheries. in 1896, the
Delaware River produced 20 million tons of shad and 21
million tons of oysters. commercial fishing in
Pennsylvania's portion of the Delaware is nonexistent today.

In the early 1900's, Lake Erie's commercial fishing industry
produced 800,000 pounds per year. The catcn declined to
less than 90,000 pounds per year in the 1960's, but has
since improved to about 110,000 pounds annually.
Recreational fishing in Pennsylvania will continue to grow
as water quality improves; however, anglers and boaters have
limited access to both Lake Erie and the Delaware River.

11-1-7

4. Wetlands: Wetlands constitute a critical natural resource
of national and statewide significance, providing fish and
wildlife habitats, natural flood control, improved water
quality, groundwater recharge, and environmental diversity.
However, the environmental value of wetlands has not been
appreciated until recently. Many coastal wetland areas have
been lost to bulkheading, spoil disposal, and development-
Thus, effective management and protection of the remaining
wetlands is vital.

5. Public Access for Recreation: In Pennsylvania, there is a
growing demand for access to Lake Erie and the Delaware
River to provide both active and passive recreational
activities. These demands will increase as water quality
improves. Along the shores of Lake Erie, many potential
areas are in private ownership while the state-owned Presque
Isle Peninsula is overcrowded on busy summer weekends. Few
public areas exist along the Delaware River because much of
the shorefront is intensively used by industry, port
facilities, and utilities.

6. Historic Sites and Structures: The Pennsylvania coastal
zones possess a large concentration of historic sites; yet,
there has been little conscious effort to preserve historic
resources. Potentially, valuable buildings are lost each
year because of lack of interest, insufficient knowledge,
and the absence of timely intervention.

7. Port Activities:. Pennsylvania's ports represent a vital
link between water and the inland transporLation systems.
Changing vessels and cargo handling techniques have made
certain existing port facilities obsolete. Some porr- areas
on Lake Erie and along.the Delaware River are underutilized
and have fallen into disrepair. These areas are no longer
economically competitive and are visually unattractive.

8. Energy Resources: There is a great deal of interesz at the
national, State and local levels, in@th6 potential of the
Commonwealth's coastal.areas to meet future energy needs.
Pertinent activities include the siting of energy facilities
in both coastal zones, the development of natural gas
resources in Lake Erie, and Outer Continental Shelf oil and
gas development affecting the Delaware Estuary. However,
two major problems have been hampering the full realization
of potential energy development in the coastal areas. The
first being that many citizens and special interest groups
are concerned that energy resources may be developed at the
expense of the environment. The second problem is the
fragmented Federal, regional, interstate' State, and local
permitting process, which currently makes obtaining final
authorization for the siting of an energy facility in the
commonwealth a poorly defined, unpredictable process.

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Intergovernmental coordination: The coastal zones are
affected by many regulatory programs administered by various
State agencies with differing mandates and regulations.
Uniform, enforceable policies are needed to prevent
unnecessary delays and resolve potential conflicts.
Moreover, it is a requirement of the Federal Coastal Zone
Management Act that all coastal management programs must
adopt, at a minimum, the requirements of the Clean Water and
Clean Air Acts. The achievement of these standards is
critical to the overall economic and environmental health of
the State's two coastal zones. of particular importance to
these areas is the need for clean water. Clean water is
important to various manufacturing processes, residential
homes, fish and wildlife habitat, and certain recreational
activities. Without a continuous supply of clean waterf
serious problems will develop which may limit manufacturing,,
cause health problems, reduce or imperil aquatic and
terrestrial ecosystems and prohibit water related
recreation. - I
10. Public Involvement: There is a lack of public awareness and
understanding of coastal,issues and problems. Most people
are unaware of recent improvements in the quality of
Pennsylvania's waterfront environments or the po tential 6f
the coastal zones to accommodate the compatible goals of
economic growT-h, recreation, and aesthetics. There is a
need for the provision of adequate information on these
issues and opportunities for getting the public involved in
seeking solutions.

DEFINING THE COASTAL ZONE BOUNDARY

Methodology

The Coastal Zone Management Ac t defines the coastal zone as;
coastal waters . . . and the adjacent shorelands . . . including
transitional and intertidai areas, salt marshes, wetlands and
beaches. The zone extends inland from the shoreline only to the
extent necessary to control shorelands, the uses of which have a
direct and significant impact on the coastal waters.

Pennsylvania determined its coastal zone boundaries in accordance
with the regulations of the Federal Coastal Zone Aanagement Act
and utilizing the expertise of State, county and local planners,
as well as local officials and citizens.

discussions were held with the neighboring states of Ohio and New
During the development of the Coastal Zone Management Program,

York (for tile Erie area) and with Delaware and New Jersey (for
the Delaware Estuary) to coordinate the designation of
Pennsylvania's coastal boundaries.

11-1-9

The lateral and "seaward" boundaries were based on obvious
criteria such as international and interstate boundaries, and
extent of tidal influence. The inland boundaries were not based
on such obvious phenonmena but were developed to includ;a all uses
with direct and significant impacts on the coastal waters.

Direct and Significant Impacts

Through meetings with the Coastal Zone Management Subcommittee
and local Coastal Zone Steering Committees, tfte Coastal Zone
Management Branch developed a definition of direct and
significant impact.

The term Direct is defined as a causal relationship in
which the con-sequence of an action or use exerts an
impact upon the coastal zone through an identifiable
link or process, and

The term Significant Impact is defined as a result of
any activity which has a more than negligible effect
on the coast or on coastal resources.

By using this definition and incorporating the needs and desires
of the coastal residents, businesses, industries, and interest
groups, and realizing the need to address national priorities
such as energy development, wetland preservation, and port
revitalization, it was determined that the following uses of the
coastal areas constitute direct and significant impacts and
would, therefore, be subject to management by the coastal zone
program.

1. Activities associated with the placement and design of
structures in coastal erosion and flood hazard areas,
including the expenditure of State funds for public
infrastructure in flood hazard areas.

2. Dredging and spoil disposal activities which could
negatively impact navigation, flood flow capacity,
wetlands, environmental quality, and public interest.

3. Activities which cause both positive and negative
impacts upon coastal fishery populations and their
aquatic habitat.

4. Activities, such as the placement of water
obstructions and encroachments, that could result in
the degradation or destruction of tidal or fresliwater
wetlands, or impact the beds of Lake Erie or the
Delaware River.

5. Activities which possess the potential for providing
public access sites for both passive and active forms
of recreation.

H-1-10

6. Activities which enhance the restoration and/or
preservation of historic sites and structures.

7. Activities in port areas which directly affect overall
port planning development, enhancement, and
revitalization.

8. Activities related to energy production and energy
facility siting that have the potential to cause
adverse environmental impacts to sensitive ecological
areas.

9. Activities which affect air quality and water quality
in the coastal zone.

In accordance with the Coastal Zone Management AcL, the
Commonwealth's boundaries were then established to include these
uses, as they relate to coastal waters. Figure i-2 is a
schematic which graphically depicts the boundary determination.

Excluded Federal Lands

In accordance with an August, 1976, ruling of the United States
Department of Justice, all lands owned, leased, held in trust, or
whose use is otherwise by law subject solely to the discretion of
the Federal government, its officiers or agents, are excluded
from the coastal zone.

The exclusion of Federal la nds does not remove Federal agencies
from the obligation of complying with the consistency provisions
of the Act when Federal actions on these excluded lands have
spillover impacts that directly affect coastal zone areas, uses
or resources.

An evaluation of Federal coastal properties was conducted during
the development phase of the management program, and several key
sites were identified as important coastal resources. In the
event such lands are declared surplus, the Commonwealth would
have an interest in helping to determine the future use of these
sites. Certain Federal properties are currently undergoing
changes in ownership. A list of excluded Federal lands is found
in Chapter 3.

Description of the Final Coastal Zone Boundary

In each coastal zone, the boundary includes the areas over which
the Commonwealth has regulatory control, either directly or
through the process of networking described in Chapter 4. These
areas include:

H-1-11

FIGURE i - 2
SCHEMATIC DIAGRAM OF THE
PENNSYLVANIA COASTAL ZONE BOUNDARY

00p

Historic
Site

tion
Site

lee

Po or
P ant

. ...... or

00
Rof iner
Fed rol 00b
Lana

141 Sto a Par

COASTAL ZONE
BOUNDARY LINE

STATE OR INTERNATIONAL
Wet BOUNDARY LINE
Land
F%ood
4 .%k 'R
. . . . . . . woo

COASTAL ZONE
MANAGEME T AREA

Spoi I
@OyDisposal CO-,C
Site

1. Floodplains of the Delaware and Schuylkill Rivers and
their tidal tributaries, and the floodplains of Lake
Erie and tributary streams.

2. Tidal and freshwater wetlands.

3. Erosion hazard areas along Lake Erie.

4. Riparian lands where permits for structures or fill
constituting encroachments are required.

For administrative purposes, the inland boundary,in each coastal
zone has been extended to convenient physical and cultural
features and public rights-of-way, such as highways, canals,
railroads, and municipal boundaries.

Delaware Estuary

The coastal zone boundary:

1. Extends eastward to the New Jersey state boundary
which is the middle of the Delaware River.

2. Extends southward to the Delaware state boundary.

3. Extends northward to the falls at Morrisville where
the tidal influence on the Delaware River ends.

in urban areas like Philadelphia, Bristol and Chester
4. Extends westward inland varying in width from 1/8 mile

to over 3-1/2 miles in Falls Township, Bucks County,
to include floodplains of the Delaware and Schuylkill
Rivers and their tidal tributaries, and tidal and
freshwater coastal wetlands.

The 57-mile long Delaware Estuary-coastal zone contains 33,042
acres with a 1970 population of 33,472 residents, and encompasses
all or parts of the following municipalities:

Delaware County: City of Philadelphia
Upper Chichester Township
Lower Chichester Township Bucks County:
Ridley Township Bensalem Township
Tinicum, Township Bristol Township
Marcus Hook Borough Falls Township
Trainer Borough Bristol Borough
Eddystone Borough Tulleytown Borough
Ridley Park Borough Morrisville Borough
Prospect Park Borough
Norwood Borough
Folcroft Borough
Darby Township
Chester City

11-1-12

Figure 1-3
DELAWARE ESTUARY COASTAL ZONE

PHI LAD E-LP-H A

N@YLVAI
MEW -SE SEY

I K\l

FINAL COASTAL ZONE BOUNDARY
I 'e'VA, c- I

GEOGRAPHIC ARE
AS OF
PARTICULAR CONCERN
"(4,
EXCLUDED FEDERAL LARDS
(major areas oBly)

Figure 1-4
LAKE ERIE COASTAL ZONE

LAKE ERIE

0/
/p
4e FINAL COASTAL ZONE BOUNDARY
4 4f/t L,@ -- - - - - - - -
-1 1 . 0,9c
GEOGRAPHIC AREAS Of I
p PARTICULAR CONCERN - - - - - - -
- -7 - - - - - - - - - - - - --- - - - -

Figure i-3 is a map which graphically depicts the Delaware
Estuary coastal zone boundary.

Lake Erie

The coastal zone boundary:

1. Extends northward in lake Erie to the international
boundary with Canada.

2. Extends eastward to the New York state border.

3. Extends westward to the Ohio state boundary.

4. Extends southward inland varying in width from 400
feet within places in Erie City to more than three
miles in HarborcreeA and North East Townships, to
include the floodplains of Lake Erie and tributary
streams within the coastal zone, bluff hazard
recession areas, and coastal wetlands.

The 63-mile long Lake Erie coastal zone contains 52,844 acres
with a 1970 population of 12,898 residents and encompasses all or
parts of the following municipalities:

Springfield Township Erie'City
Girard Township Lawrence Park Township
Lake City Borough Harborcreek Township
Fairview Township North East Township
Millcreek Township North East Borough

Figure i-4 is a map which graphically depicts the Lake Erie
coastal zone boundary.

PROGRAM OVERVIEW AND BENEFITS

This section summarizes the most significant features and
benefits of the Pennsylvania Coastal Zone Management Program.
Later chapters should be consulted for additional detail.

Policy Framework: The Coastal Zone Management Program
(in Chapter 2) outlines specific regulatory and
nonregulatory policies designed to address each of the
coastal problems and issues outlined in the preceding
section. Some of tne policies are new and have been
developed in response to the coastal zone planning
process. other policies have existed for some time

11-1-13

but are being given increased strength and emphasis as
a result of the Coastal Zone Management Program.

Legal Basis for Program Implementation: The policies
will be carried out through a "networks' of existing
State laws and regulations. While much of the
regulatory authority existed before Pennsylvania
became involved in the Coastal Zone Management
Program, some statutes and regulations were
specifically developed to "fill gaps" and correct
deficiencies identified during the development of the
Coastal Zone Management Program.

State-Local Partnership: While all of the coastal
policies will be implemented with existing State
authorities, two policies will be carried out by local
governments through a "State-Local Partnership".
Floodplain controls and bluff setback requirements
(along Lake Erie) will be enforced by local
governments which will adopt State criteria and
standards. Also, coastal municipalities will be
encouraged to prepare stormwater management plans,
based upon provisions of the Stormwater Management Act
of 1978. The Program's reliance on existing
legislation and the "State-Local Partnership" will
eliminate the need to establish a new bureaucracy to
implement the Coastal Zone Management Program. (This
concept was reiterated frequently during the planning
process.) The' Pennsylvania Department of
Environmental Resources will continue to be the lead
agency to receive and administer Federal grants and to
coordinate program activities.

State Consistency: Pennsylvania's Coastal Zone
Management Program rel'ies on the coordinated
implementation of various authorities administered by
several State agencies. To ensure a coordinated,
timely response from appropriate State agencies on
decisions affecting the coastal zone, a system of
"State Consistency" has been developed. Chapter 4
describes the concept, and the Executive Order that
will be issued by the Governor to direct all. State
agencies under his administrative jurisdiction to
comply with the policies of the Pennsylvania Coastal
Zone Management Program. In addition, the Coastal
Zone Management Branch of the Department of
Environmental Resources will enter into Memoranda of
Understanding (MOU) with those State agencies
affecting the coastal zones. The purpose of the MOU
is to make explicit the agencies, responsibilities for
carrying out the policies of the management program.

Federal Consistency: According to the Coastal Zone
Management Act, Federal licenses or permits and

11-1-14

Federal assistance to State and iocal governments must
be consistent with the Pennsylvania Coastal Zone
Management Program. Federal activities and
development projects must be consistent "to the
maximum extent practicable". This will ensure
compatibility of Federal action with State and local
management of coastal resources.

National Interest: Consideration of the national
interest will ensure that national concerns related to
energy facility siting and resource protection are
expressed and dealt with in the implementation of the
Commonwealth's Coastal Zone Management Program.

Public Involvement: The Coastal Zone Management
Program will continue and it will expand active
citizen involvement in coastal issues as the Program
moves from the development to the implementation
phase. The existing Coastal Zone Steering Committees
which have been operating in each coastal zone will be
retained and strengthened. The Committees will
provide coordination between the Pennsylvania
Department of Environmental Resources (the lead State
agency), and local officials, county, and regional
agencies. The Committees will assist in the
development of the continuing planning process, the
formulation of the products and review of work
programs.

In addition, the Committees will make recommendations
to the Department of Environmental Resources on the
distribution of Federal funds available to
municipalities. (see "Financial Incentives" below.)

Local elected officials will meet annually (or more
often) in each coastal zone to review progress and
address issues of concern in the coming year.

citizens will have access to the Coastal Zone
Management Program in several ways, including:

1. Personal attendance at meetings of the local
steering committees and the State level advisory
committee.

2. Attendance at annual public meetings held in the
coastal zone as part of the continuing program
review process.

3. Public hearings and meetings on regulations,
amendments to the Program, permitting decisions,
judicial and administrative apeals, etc.

11-1-15

4. Local elected officials and county planning
staffs may transmit citizens views to
appropriate representatives on the local
steering committees or to the staff of the
Coastal Zone Management Branch.

Financial Incentives: States which are able to
successfully develop a Coastal Zone Management
Program, which is approved by the Governor and the
Secretary of the U.S. Department of Commerce, are
eligible to receive Federal matching funds to carry
out the Program. These funds are authorized by
Section 306 of the Coastal Zone Management Act.

Pennsylvania can expect to receive approximately
$1,000,000 per year in program impiementation funds.
Some of this money will be made available to local
communities in the' coastal zones, on a voluntary
basis, to update comprehensive plans, zoning
ordinances, or subdivision regulations to support the
goals, objectives, and policies of the Coastal Zone
Management Program. Municipalities may use planning
grants and technical assistance to address such local
concerns as: flooding, bluff erosion, or economic
development.* Special attention will be' directed to
problems and issue s of greater-than-local concern such
as the siting of large-scale energy facilities,
recreation access, and port development.

Pennsylvania is also eligible to receive funds from
the Coastal Energy Impact Program-(CEIP). These funds
are to be used for energy related planning and
construction of public facilities required as a result
of energy development, and amelioration of
environmental damage that has resulted from coastal
energy activity. Grants and loans may be used for
land acquisition and for construction of public
recreational, transportation, and harbor facilities,
etc., required as a result of energy development.
These funds will be,administered by the Pennsylvania
Department of Community Affairs.

To be eligible for CEIP funds, a state must be
participating in Section 305 or 306 of the Federal
Coastal Zone Management Program, or be making adequate
progress toward achieving Federal approval of its
coastal management program pursuant to Section 303 of
the Coastal Zone Management Act.

In addition, Section 315 of the Coastal Zone
Management Act could eventually make funds available
for the development of public access areas and
recreation facilities along Lake Erie and the Delaware

11-1-16

River. To date, no funds have been appropriated by
Congress.

With the advent of an approved Coastal Zone Management Program,
Pennsylvania can anticipate wiser and more efficient use of
coastal resources and better coordination on coastal issues.

11-1-17

Figure i-5

INDEX TO REQUIREMENTS FOR PROGRAM
APPROVAL UNDER SECTION 306 OF THE
COASTAL ZONE MANAGEMENT ACT

Sections
of APProva
Requirements Regulations Pag

Sec. 306(a) which includes the
requirements of Sec. 305:
305(b)(1): Boundaries 923.31, 923.320
305(b) (2): uses subject 923.33, 923.34 11-1-9
to management 923.11 11-4-2
305(b)(3): Areas of particular 923.21
concern 923.22, 923.23 11-3-1
305(b)(4): Means of control [email protected] 11-2-1, 11-4-1
305(b) (5): Guidelines on
priorities of uses 923.21 11-3-1, 11-3-4
305(b)(6): organizational
structure 923.46 11-4-3, 11-4-7
3 05 (b) (7) :Shorefront
planning process 923.24 11-3-36
305(b) (8): Energy facility
planning process 923.13 11-3-16
305(b)(9): Erosion planning
process 923.25 11-3-49

Sec. 306(c) which includes:
306 (c) (1) : Notice; full
participation; consis-
tent with Sec. 303 923.51, 923.58f
-923.55, 923.3 11-5-1
306 (c) (2) (A) Plan coordination 923.56 11-5-1
306 (c) (2) (B) Continuing
consultation mechanisms 923.57 11-5-21
306(c)(3): Public hearings 923.58 11-5-28
3 06 (c) (4) : Gubernatorial
review and approval 923.48 Letter w/FEIS
306(c)(5): Designation of
recipient agency 923.47 11-4-7
306(c)(6): Organization 923.46 11-4-3, 11-4-7
306(c)(7): Authorities 923.41 11-2-1, 11-4-4
306(c)(8): Adequate consider- II-A-1, II-B-1
ation of national interests 923.52 11-5-13

Page

306(c)(9): Areas for preser-
vation/r6storation 923.22 11-3-12
Sec. 306(d) which includes:
306(d)(1): Administer regu-
lations, control develop-
ment, resolve conflicts 923.41 11-4-1
306 (d) (2) : Powers of
acquisition, if necessary 923.41 11-2-18, 11-3-16

Sec. 306(e) which includes:
306(e)(l)_: Technique of 923.42
control 923.434 923.44 11-4-3
306(e)(2): Uses of regional
benefit 923.12 11-3-14

Sec. 307 which includes:
307(b): Adequate consideration
of Federal agency views 923.51 11-5-1, II-C-4
307(f); Incorporation of air
and water quality require-
ments 923.45 11-5-13

Chapter 2

Coastal Zone
Policy Framework

INTRODUCTION

The resource and legal inventories, prepared during the early
phases of the Coastal Zone Management Program, have provided
extensive background information on environmental, social, and
economic characteristics; past and present problems; future
expectations; and existing legal and institutional arrangements
in Pennsylvania's two coastal areas, the Delaware Estuary and
Lake Erie. This background informatione as well as information
concerning areas of national interest establishes overall State
coastal policies and forms the keystone of the Pennsylvania
Coastal Zone Management Program.

The first step in the policy development process was the
identification of issues and problems. General concerns and
specific local issues and problems were compiled from many
sources, including local governments, waterfront industries,
county planning commissions, interested citizens, members of the
Coastal Zone Steering Committees, and State and Federal agencies.

The second step involved the formulation of general goal
statements as a response to these coastal problems and as a
source of guidance for the development of the. Pennsylvania
Coastal Zone Management Program. Since these goals are very
general and only describe desirable end results or targets, the
formulation of policies was necessary to stimulate State and
local commitment to effective management of coastal resources.

The third step involved developing very specific policies to
guide local and State actions. The program's policies are
divided into three classifications based on the method that will
be used to execute the policy as follows:

Enforceable/Regulatory Policies: These policies are based on
enforceable legislative authorities which regulate specific
activities through direct State authorities or locally
administered State authorities.

Direct Action Policies: These policies are based on
nonregulatory legislative authorities which allow a certain State
agency to conduct a specific activity such as the purchase of
land for public access. The agency delegated these authorities
will utilize them in the attainment of the policies to the
maximum extent feasible dependent on the availability of funds
and/or other pertinent resources. In instances where coastal
zone management funding is used for the furtherance of these
policies, the Coastal Zone Management Branch will enter into
agreements with the agency to ensure the furtherance of the
policies. These agreements will be executed when it is mutually
agreed by both parties that a particular project or activity is
necessary to help carry out one or more of the coastal zone
management policies.

11-2-1

Encouragement Policies: These policies are not based on
legislative authorities. Implementing these policies relies on
the provision of funding, technical assistance or other resources
of the appropriate agency or entity. An example of an activity
undertaken to carry out an encouragement policy is the provision
of funds in port planning activities.

The policies constitute the keystone of the Coastal Zone
Management Program and are required to be specific enough to
provide:

A clear understanding of the program, including the
identification of who will be affected and how, and

A clear sense of direction and predictability for
decision-making.

The policy framework is organized under 10 major functional
headings. Under each heading there is a general problem
statement. in those sections where there is more than one
policy, each, policy is accompanied by a specific problem
statement titled "Problems Addressed". The format tor each
policy under a functional heading is then as follows:

The llpolicy@' section, which defines that policy.

The "authorities" section, depending on the type of
policy, contains either the regulations or the
authorities, which will be used to implement the
policy.

The "Policy Actions" section, which defines the
actions that will be precipitated as a result of the
implementation of the specific policy.

The policies will be used to guide the implementation of a
functional Coastal Zone Management Program. The main objective
of the Coastal Zone Management Branch will be to implement the
goals and policies at the local level, while at the same time
ensuring a necessary degree of state involvement in addressing
key issues of regional or national concern. As part of this
process, the Coastal Zone Management Program will use Federal and
State funds to guide and assist local and State efforts in
improving coastal conditions, accommodating planned growth, and
wisely utilizing valuable coastal resources.

11-2-2

I. COASTAL HAZARD AREAS (CHA)

Bluff erosion and coastal flooding has caused serious property
damage, endangered public safety, and degraded environmental
quality in the Nation's coastal areas. While flooding in
Pennsylvania is common to both of Pennsylvania's coastal areas,
bluff erosion is peculiar only to Lake Erie municipalities.

In Pennsylvania, fiscal constraints and lack of sufficient
technical expertise have resulted in the affected municipalities
addressing the problems in an uncoordinated and noncomprehensive
manner, which has resulted in differing degrees of success.

POLICY I-A.1: CHA/Bluff Setback and Erosion Control/Setback

PROBLEMS ADDRESSED/Policy I-A.1

The bluff recession problem along Lake Erie has been documented
and spatially delineated in a study developed by the Coastal Zone
Management Program titled "Shoreline Erosion and Flooding - Erie
County". Development that has occurred in bluff recession hazard
areas has not only been subject to damage by bluff recession but
has at times accelerated the rate of recession by increasing the
static pressure on the bluffs and increasing surface runoff and
groundwater seepage.

POLICY I-A.1: Enforcement/Regulations

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
REQUIRE MUNICIPALI TIES WITH BLUFF RECESSION HAZARD AREAS
ALONG THE LAKE ERIE SHORELINE AS DETERMINED IN THE
"SHORELINE EROSION AND FLOODING - ERIE COUNTY" REPORT OF
1975 TO ENACT SETBACK ORDINANCES AFFECTING STATIONARY
STRUCTURES. THESE ORDINANCES WILL REGULATE CONSTRUCTION
WITHIN A SPECIFIED DISTANCE FROM THE EDGE OF THE BLUFF., AT
A MINIMUM, THE SETBACK DISTANCE IS COMPUTED AS THE ECONOMIC
LIFE OF THE STRUCTURE TIMES THE LOCAL BLUFF RECESSION RATE
PER YEAR (IN FEET).

AUTHORITY(S)/Policy I-A.1

Bluff Recession and Setback Act (NO.) which mandates coastal
communities in recession hazard areas to adopt setback
ordinances affecting stationary structures.

Regulationts): Title 25 Chapter 85.1 et secr., which
requires certain local municipalities, una-er the Department
of Environmental Resources oversight, to develop and
administer a permitting system that regulates construction
activities in bluff recession hazard areas. Provisions are
also made for: actions in mandamus, calculation of erosion

11-2-3

rates, interim controls, State/local joint review, and time
limits for compliance with the Act and variances to the
permit requirements.

POLICY ACTIONS/Policy I-A.1

This policy regulates the construction of stationary
structures in areas where they will likely be damaged by
bluff recession during their projected life time and/or
exacerbate the bluff recession problem through increased
pressure, runoff, groundwater seepage, etc.

Coastal zone management funds will be used to assist
municipalities in developing and administering new setback
ordinances and amending comprehensive plans to reflect these
changes.

POLICY I-A.2: CHA/Bluff Setback and Erosion Control/Structures

PROBLEMS ADDRESSED/Policy I-A.'2

Proper design, placement, construction and maintenance of
shoreline protection devices is critical for ensuring that the
structure protects the shoreline and does not aggravate the
erosion problem. Shoreline protection structures in Pennsylvania
have not always been properly designed, located or constructed in
a manner that allows the structures to function as intended.
Recent analysis indicates that some improperly placed structures
have aggravated erosion, and that due to improper design and
construction are in the process of failing.

POLICY I-A.2: Enforcement/Regulations

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
REGULATE, THROUGH PERMIT,, THE SITING OF ANY WATER
OBSTRUCTION OR ENCROACHMENTS ALONG LAKE BRIE, TO ASSURE
PROPER PLANNING# DESIGNv CONSTRUCTION, MAINTENANCE AND
MONITORING, IN ORDER TO PREVENT UNREASONABLE INTERFERENCE
WITH WATER FLOW (WHICH INCLUDES SEDIMENT LADEN BEACH
ENRICHING LITTORAL CURRENTS) AND TO PROTECT NAVIGATION.

AUTHORITY(S)/Policy I-A.2

Pennsylvania Constitution, Article I, Section 27.
Enforcement authority is found under the provisions of The
Dam Safety Act, Act of November 26, 1978, P.L. 1375, as
amended (32 P.S. Sections 693.1 et seg.), and Administrative
code, Act of April 9, 1929, P.L. 177, as amended (71 P.S.
Sections 194, 510-1, 510-8* 510-17, and 510-20).

Regulation(s): Title 25 Chapter 105, which requires that
the proposed project or action be in compliance with the

11-2-4

standards and criteria of that chapter and title and with
all other laws administered by the Department, and that the
proposed project or action will adequately protect public
health, safety and the environment through the issuance of
permits.

POLICY ACTIONS/Policy I-A.2

By ensuring that no person engages in activities concerning
the construction, operation, maintenance, modification,
enlargement or abandonment of any dam, water obstruction or
encroachment without a written permit from the Department of
Environmental Resources potential adverse impacts to normal
shoreline erosion processes can be mitigated. Also, unwise
expenditures of money may be reduced. Technical assistance
will be available from the Coastal Zone Management Branch to
local governments and citizens to help ensure that future
structures are properly designed, placed, constructed and
maintained in the coastal waters of the Commonwealth.

POLICY I-A.3: CHA/Bluff Setback and Erosion Control /Stormwater Managemenl

PROBLEMS ADDRESSED/Policy I-A.3

Development occurring along Lake Erie has led to increased
stormwater runoff rates through an increase in impervious
surfaces, removal of vegetation and changes in drainage patterns.
The resultant increased runoff rate may lead to an acceleration
of the bluff recession ratel thereby threatening existing
development.

POI@ICY I-A.3: Direct Action

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
ASSIST ERIE COUNTY AND AFFECTED COASTAL.MUNICIPALITIES IN
THE PREPARATION (INDIVIDUALLY OR JOINTLY ON A WATERSHED
BASIS) OF STORMWATER MANAGEMENT PLANS AND IN THE
IMPLEMENTATION OF THE PLANS BY ASSISTING THEM IN ADOPTING OR
AMENDING CODES, RGULATIONS, AND ORDINANCES TO REGULATE
DEVELOPMENT IN SUCH A MANNER AS TO MITIGATE THE ADVERSE
IMPACTS TO LAKE ERIE BLUFFS DUE TO INCREASED RATES OF
STORMWATER RUNOFF. (Also see Policies I-A.4, I-B, IV)..

AUTHORITY(S)/Policy I-A.3

Stormwater Management Act, Act of October 4, 1978, P.L. 864
(32 P.S. Sections 680.1 et seg.). Under the provisions of
this Act and through technical assistance, the Department of
Environmental Resources will encourage the immediate
preparation of stormwater management plans.

11-2-5

POLICY ACTIONS/Policy I-A.3

Erie County and affected Erie coastal communities will be
assisted in the development of stormwater management plans
in those areas where increased stormwater runoff may
aggravate bluff recession problems. Coastal zone management
funds and technical assistance will be provided to
facilitate the development of stormwater management plans in
these areas.

POLICY I-A.4: CHA/Bluff Setback and Erosion Control/Technical Assistan

PROBLEMS ADDRESSED/Policy I-A.4

The presence of high lake water levels, removal of prozective
vegetative cover, and the seasonal freezing and thawing of Erie
County's highly erodable bluffs has generated a severe threat to
many coastal properties. Solutions to protect these properties
have often proved to be extremely costly and usually have had
little success in reducing erosion rates. In some instances the
placement of shoreline protection structures has actually caused
an increase in erosion to adjacent areas.

Furthermore, attempts at shore protection by property owners have
revealed that they are not fully informed of the potential cost
and damage that can be associated with bluff erosionj or the
potential adverse effects of the improper installation of
protection structures on shoreline erosion.

POLICY I-A.4: Direct Action

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
PROVIDE TECHNICAL ASSISTANCE AND ADVICE CONCERNING THE
DESIGN OF STRUCTURAL AND NONSTRUCTURAL METHODS FOR SHORE
PROTECTION AND BLUFF STABILIZATION.

IN ADDITION, IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT
PROGRAM TO CONTINUE TO SUPPORT SCIENTIFIC RESEARCH ON SHORE
PROTECTION, RECESSION RATES, LITTORAL TRANSPORT AND OTHER
ASPECTS OF THE COASTAL ENVIRONMENT OF LAKE ERIE. (Also see
Policies I-A.1. I-A.2s I-A.3 X-2).

AUTHORITY(S)/Policy I-A.4

Soil Conservation Law, Act of May 15, 1945, P.L. 547, as
amended (3 P.S. Sections 849 et seg.). This act provides
for the creation of Conservation Districts in the
Commonwealth and provides the Districts with the authority
to administer technical assistance programs.

11-2-6

POLICY ACTIONS/Policy I-A.4

The Erie county conservation District covering the Erie
coastal area will be assisted, with Coastal Zone Management
funds and expertise, in the development of programs to
solicit cooperative agreements with the individual coastal
land owners. These agreements may cover the development of
facility design and the use of vegetative plantings to
mitigate bluff erosion.

POLICY I-B: CHA/Floodplains

PROBLEMS ADDRESSED/Policy I-B and I-B.1

There is a great deal of national interest in mitigating flood
damage. About 90 percent of the damage caused by natural
disasters in the United States is due to floods, with annual
losses averaging about $1.5 billion. When floods occur human
life is endangered; the public must pay for rescue and cleanup
efforts, factories and businesses are closed and/or damaged,
transportation routes are disrupted, public services curtailed,
soils eroded and homes destroyed. Unfortunately, floodplains are
popular construction locations because of aesthetic
attractiveness and innately level terrain.

Many of the Commonwealth's . coastal municipalities have
experienced reoccurring, predictable flooding problems because of
a lack of awareness or concern with the extent of natural
flooding.

POLICY I-B: Enforcement/Regulations

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM
ACTING THROUGH THE DEPARTMENT OF ENVIRONMENTAL RESOURCES AND
IN CONCERT WITH THE DEPARTMENT OF COMMUNITY AFFAIRS TO
ACTIVELY ASSIST AND TO HELP ENSURE THAT IDENTIFIED FLOOD
PRONE COASTAL MUNICIPALITIES DEVELOP STATE APPROVED
FLOODPLAIN MANAGEMENT REGULATIONS THAT INCORPORATE AT A
MINIMUM THE REQUIREMENTS OF THE NATIONAL FLOOD INSURANCE
PROGRAM AND THE REQUIREMENTS OF THE STATE FLOODPLAIN
MANAGEMENT ACT. 'IN ADDITION, IT IS THE POLICY OF THE
COASTAL ZONE MANAGEMENT PROGRAM TO REGULATE THE CONSTRUCTION
OF OR SUBSTANTIAL IMPROVEMENT TO VARIOUS TYPES OF STRUCTURES
AND OBSTRUCTIONS IN THE DESIGNATED FLOODPLAINS IN ORDER TO:
(i) ENCOURAGE PLANNING AND DEVELOPMENT IN FLOODPLAINS WHICH
ARE CONSISTENT WITH SOUND LAND USE PRACTICES, (ii) PROTECT
PEOPLE AND PROPERTY IN FLOODPLAINS FROM THE DANGERS AND
DAMAGE OF FLOODWATERS AND FROM MATERIALS CARRIED BY SUCH
FLOODWATERS,, (iii) PREVENT AND ELIMINATE URBAN AND RURAL
BLIGHT WHICH RESULTS FROM THE DAMAGES OF FLOODING,
(iv) AUTHORIZE A COMPREHENSIVE AND COORDINATED PROGRAM OF
FLOODPLAIN MANAGEMENT, BASED UPON THE NATIONAL FLOOD

11-2-7

INSURANCE PROGRAMe DESIGNED TO PRESERVE AND RESTORE THE
EFFICIENCY AND CARRYING CAPACITY OF THE STREAMS AND
FLOODPLAINS OF THE COMMONWEALTH, (v) ASSIST MUNICIPALITIES
IN QUALIFYING FOR THE NATIONAL FLOOD INSURANCE PROGRAMe
(vi) PROVIDE FOR AND ENCOURAGE LOCAL ADMINISTRATION AND
MANAGEMENT OF FLOODPLAINS, AND (Vii) MINIMIZE THE
EXPENDITURE OF PUBLIC AND PRIVATE FUNDS FOR FLOOD CONTROL
PROJECTS AND FOR RELIEFs RESCUE AND RECOVERY EFFORTS.

POLICY I-B.1: Direct Action

FURTHERMORE, IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT
PROGRAM TO ASSIST LOCAL MUNICIPALITIES IN THE AMELIORATION
OF PERIODIC FLOODING DUE TO INCREASED SURFACE RUNOFF FROM
AREAS ADJACENT TO THE FLOODWAY BY ENCOURAGING THE
DEVELOPMENT, ON A WATERSHED BASIS, OF COMPREHENSIVE
STORMWATER MANAGEMENT PLANS THAT PREVENT INCREASED RATES OF
RUNOFF. (Also see Policies I-A.2, I-A.4).
AUTHORITY(S)/Policy I-B . I

The Floodplain Management Act of October 4. 1978, P.L. 851,
No. 1978-166 (32 P.S. Sections 679.101 et seg., provides for
the regulation of-la:nd and water uses for flood. control
purposes and imposes duties and confers powers on the
Department of Community Affairs, the Department of
Environmental Resources, and identified municipalities.
Stormwater Management Act, Act of October 4, 1978, P.L. 864
(32 P.S. Sections 680.1 et seg.) The Dam Safety Act, Act of
November 26, 1978, P.L. 1375, as amended, (32 P.S.
Sections 693. 1 et seq.); Executive Order 1978-4.

Reciulatiori(s): Title 16, Chapter 38, which confer powers on
the Department of Community Affairs, the Department of
Environmental Resources, and municipalities to develop
floodplain management programs. Title 25, Chapter 105, by
which the Department of Environmental Resources regulates
dams, waters obstructions, and encroachments in waters of
the Commonwealth.

POLICY ACTIONS/Policies I-B and I-B.1

Through the implementation of these two policies, the
Commonwealth of Pennsylvania shall reduce risks of flood loss,
minimize the impact of floods on human safety, health and
welfare, and preserve the natural and beneficial values served by
floodplains.

Flood prone municipalities are required to participate in
the National Flood Insurance Program. in addition, the
Department of Community Affairs has published a list of
obstructions which it determined present a special hazard to
the health and safety of the public or occupants or which
may result in significant pollution, increased flood levels

11-2-8

or flows or debris endangering life and property if such
obstructions are located in a designated portion of the
floodplain pursuant to Section 301 of the Pennsylvania
Floodplain Management Act. These obstructions are: hospitals,
nursing homes, jails, new mobile home parks, subdivisions or
additions to mobile home parks and subdivisions.

Construction of any structure or commencement of any
activity listed as a special hazard by the Department of
Community Affairs's regulations in a portion of the
floodplain designed by the regulations, shall be prohibited
except in accordance with a special exception issued by the
municipality.

In addition, the Department of Environmental Resources has
maintained exclusive jurisdiction to regulate:

1. Any obstruction otherwise regulated under the Dam
Safety and Encroachments Act;

2. Any flood control project constructed, owned or
maintained by a governmental unit;

3. Any highway or other obstruction, constructed, owned
or maintained by the Commonwealth or a political
subdivision thereof; and

4. Any obstruction owned or maintained by a person
engaged in the rendering of a public utility service.

No person shall construct, modify, remove, abandon or
destroy any structure or engage in any activity specified in
(1) through (4) above in the 100-year floodplain unless such
person has first applied for and obtained a permit from the
Department of Environmental Resources.

The Department of Environmental Resources shall regulate
those obstructions specified in (1) through (4) above in a
manner consistent to the maximum extent possible with the
standards and criteria established in municipal floodplain
management regulations.

For those obstructions specified in (1) through (4) above,
located in floodways or waters of the Commonwealth including
wetlands, the Department of Environmental Resources must
evaluate the permit applications pursuant to the
requirements of the Dam Safety and Encroachments regulations
(Title 25, Chapter 105, of the Pennsylvania Code of
Regulations) before construction, operation, maintenance,
modification enlargement or abandonment of the obstruction.

In addition, Executive Order 1978-4 states that:

Any'development of new construction of, or substantial
improvements to state-owned properties and facilities in

11-2-9

areas designated as special hazard areas by the FIA shall
comply with minimum requirements for special hazard areas.
These minimum requirements are set forth in the FIA's flood
insurance regulations.

The Department of Environmental Resources is ordered by the
Governor to comply with this Executive order. In order to
comply, the Department of Environmental Resources evaluates
all applicable permit applications for compliance with these
FIA regulations.

II. DREDGING AND SPOIL DISPOSAL (DSD)

Dredging is an activity that is important to the economic
vitality of Pennsylvania's ports and for the recovery of
commercially valuable sand and gravel. To attract and encourage
the retention of economically viable port 'industry, it is
necessary to maintain an open channel to a depth of 40 feet in
the Delaware Estuary and 29,feet in the channel entrance of the
Erie Harbor area. Nevertheless, improper dredging, spoils
disposal, and related activities can adversely impact navigation,
flood flow capacity, public interest,, and environmental quality.

POLICY II-1: DSD/Regulation

PROBLEMS ADDRESSED/Policy II-1

Improper dredging and spoils disposal activities can result in
detrimental impacts to navigation, flood flow capacity, and the
environment.

POLICY II-1: Enforcement/Regulation

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
ENSURE THAT DREDGING AND SPOIL DISPOSAL AND RELATED
ACTIVITIES IN THE COASTAL ZONES WILL BE REGULATED TO PROTECT
AGAINST OBSTRUCTION TO NAVIGATION, REDUCTIONS IN FLOOD FLOW
CAPACITYO AND DAMAGES TO THE PUBLIC INTEREST, AS WELL AS
MINIMIZE HARMFUL IMPACTS TO FISH AND WILDLIFE HABITATS.
(Also see Policies 11-2. 111-1# IV# IX-Av IX-B.1, IX Q.

AUTHORITY (S) /Policy 11- 1

Pennsylvania Constitution, Article I, Section 27. The Dam
Safety Act, Act of November 26, 1978,, P.L. 1375, as amended
(32 P.S. Sections 693.1 et seg.); and Administrative Code,
Act of April 9, 1929, P.L. 177 (71 P.S. Sections 194, 510-1,
510-8, 510-17, and 510-20, provide authority to regulate
dredging and spoil disposal in the coastal zones.

11-2-10

Additional authorities available include Schuylkill River
Pollution/Siltation Law, Act of June 4, 1945, P.L. 1383, as
amended (32 P.S. Sections 751.1 et seq.); Clean Streams Lawr
Act of June 22, 1937s P.L. 1987, as amended (35 P.S.
Sections 691.1 et seg.)

Regulation(s): 25 Pa. Code Chapter 105, which provides for
the comprehensive regulation and supervision of the
construction, operation, and maintenance of dams,
reservoirs, water obstructions, encroachments and other
actions which may affect the course, current, or cross
section of any body of water in the Commonwealth.

POLICY ACTIONS/Policy II-1

This policy protects navigation, the public interest, and
the environment in coastal 'areas from adverse impacts due to
dredging and spoils disposal, by ensuring, through increased
monitoring by the Coastal Zone Management Program, that all
permits issued for these activities meet existing Department
of Environmental Resources criteria. In addition, the
Coastal Zone Management Branch will explore measures to
resolve the problem of determining proper means for disposal
of spoils in coastal ports resulting from.vital channel
dredging activities.

POLICY 1172: DSD/Hydraulic Dredging

PROBLEMS ADDRESSED/Policy 11-2

Mechanical dredging has greater harmful environmental impacts
than hydraulic dredging. Hydraulic dredging is not used in all
cases, however, because of site -location, availability of
dredging equipment, options for dredged material disposal, and
related economic factors.

POLICY 11-2 Encouragement

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
RECOMMEND THAT HYDRAULIC DREDGING BE USED INSTEAD OF
MECHANICAL DREDGING,, WHENEVER FEASIBLE. (Also see Policies
II-1, III-10 IV4 IX-A, IX-B.1, IX-C).

AUTHORITY (S) /Policy 11-2

Pennsylvania Constitution, Article I, Section 27. The Dam
Safety Act, Act of November 26, 1978, P.L. 1375, as amended
(32 P. S. Sections 693. 1 et seg.).

11-2-11

POLICY ACTIONS/Policy 11-2

This policy ensures that in the permitting of dredging in
coastal zones consideration is given to the fact that
hydraulic dredging is less environmentally damaging than
mechanical dredging; and therefore, when feasible hydraulic
methods will be encouraged.

III. FISHERIES MANAGEMENT JFM)

Both of Pennsylvania's coastal areas once had significant
commercial fisheries. In 1896, the Delaware River system,
including the estuary, produced 20 million tons of shad and 21
million tons of oysters. Commercial fishing in Pennsylvania's
Delaware waters is nonexistent today. Erie's commercial fishing
industry reached its peak between 1910 and 1920 with catches
averaging 800,000 pounds per year. The catch declined to less
than 90,000 pounds per year in the 1960's but thus far in the
1970's has improved to 110,000 pounds annually.

Recreational fishing, meantime, has been increasing at a rapid
rate in the past decades. This has led to increased demand for
management programs designed to increase native stocks and
introduce exotic species in the coastal waters, as well as for
additional access sites.

Pennsylvania waters of Lake Erie, except Presque Isle Bay, are
most significantly affected by activities outside Pennsylvania's
boundaries. The Delaware Estuary is a manifestation of the
characteristics'and activities throughout the Delaware River
drainage basin, not just influences adjacent to or in the
estuary. The managing of fisheries in Pennsylvania's coastal
waters represents a very complex,task requiring cooperation and
coordination among all the various levels of governments and
agencies.

POLICY III-1: FM/Support Fish Life

PROBLEMS ADDRESSED/Policy III-1

The coastal waters of the Commonwealth have experienced severe
water quality problems over the past decades. These water
problems have been generated from a multitude of sources, which
include inadequately treated industrial and residential waters;
increased turbidity due to improper dredging and spoil disposal
practices; and water withdrawals for industrial, residential and
electric generation use. These activities have generated severe
periodic oxygen depletions, introduced toxic and hazardous wastes
into the waters and lakes and stream beds and generally decreased

11-2-12

the availability of clean water for manufacturing and drinking
purposes. In addition, the lack of dissolved oxygen and the
presence of toxic and hazardous substances have decreased the
ecological carrying capacity of the coastal waters and severely
impaired the opportunities for water dependent activities.

POLICY III-1: Enforcement/Regulations

IT IS THE POLICY OF THE COASTAL ZONE 14ANAGEMENT PROGRAM TO
ENSURE THATO TO THE EXTENT OF INTRASTATE CONTROL, THAT
COASTAL WATERS SHALL NOT CONTAIN SUBSTANCES ATTRIBUTABLE TO
POINT OR NONPOINT SOURCE WASTE DISCHARGES IN CONCENTRATION
OR AMOUNTS SUFFICIENT TO BE INIMICAL OR HARMFUL TO THE WATER
USES TO BE PROTECTED OR TO HUMAN, ANIMAL, PLANT OR AQUATIC
LIFE INCLUDING COLD-WATER FISHr WARM-WATER FISH, OR
MIGRATORY FISH. (Also see Policies I-A-.2, II-1# IV, IX-Aj,
IX-B.1).

AUTHORITYiS)/Policy III-1

Pennsylvania Constitution, Article I. Section 27. The Fish
Law of 1959, Act of December 15, 1959, P.L. 1779,, as amended
(30 P.S. Sections 200 et seg.). The Clean Streams Law, Act
of June 22, 1937, P.L. 1987, as amended (35 P.s.
Sections 69 1. 1 et seg.).

Regulationis): 25 Pa. Code chapter 93.

POLICY ACTION/Policy III-1

This policy ensures that per tinent authorities, funds, and
resources will be utilized in a manner to improve fish
populations and aquatic habitats in the coastal waters of
the Commonwealth.

POLICY 111-2: FM/Stocking

PROBLEMS ADDRESSED/Policy 111-2

Native fish populations in the coastal areas have been depleted
by pollution, overfishing, and other adverse activities. At the
same time, greater demand is being placed on the coastal water by
recreational fishermen to provide diversified, unique, and
bountiful catches4

POLICY 111-2: Direct Action

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
STOCK THE COMMONWEALTH'S COASTAL WATERS IN SUCH A MANNER AS
TO AUGMENT NATIVE STOCKS AND INTRODUCE NEW EXOTIC SPECIES
SUCH AS MUSKELLUNGE IN THE DELAWARE ESTUARY AND SALMONIDS IN

11-2-13

LAKE BRIE IN ORDER TO PROVIDE DIVERSE, UNIQUEr AND BOUNTIFUL
CATCHES FOR THE COMMONWEALTHIS COASTAL FISHERMEN.

AUTHORITY(S)/Policy 111-2

Fish Laws of 1959, Act of December 15, 1959, R.L.. 1779, as
amended (30 P.S. Section 2073).

POLICY ACTIONS/Policy 111-2

This policy ensures that stocking will take place in the
Commonwealthfs coastal waters in such a manner that
populations of the native species can be augmented, and when
appropriate new and exotic species can be introduced to
provide increased recreational fishing opportunities.

POLICY 111-3: FM/Access

PROBLEMS ADDRESSED/Policy 111-3

Recreation fishing is a major use of Pennsylvania's coasta '1
waters and their fisheries. sport fishing generates more dollars
per fish harvested than does commercial angling. Existing access
sites in the coastal areas are not sufficient to meet current and
anticipated demands of sport anglers and boaters.

POLICY 111-3: Direct Action

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
IMPROVE ACCESS TO THE DELAWARE ESTUARY AND THE LAKE ERIE
WATERFRONTS THROUGH THE ACQUISITION OF NEW SITES AND/OR THE
EXPANSION OF EXISTING SITES. (Also see Policies V-1, V-2,,
IX-A.I,r X-1).

AUTHORITY(S)/Policy 111-3:

The Fish Law of 1959, Act of December 15, 1959, P.L. 1779
as amended (30 P.S. Sections 292-295); Open Space Lands, Act
of January 19, 1968, P.L. (1967) 992, (32 P.S. Sections 5001
et seg.).

POLICY ACTIONS/Policy 111-3

This policy focuses State agencies attention and resources
on the problem of limited boating and fishing access in the
commonwealth's coastal areas. Funding from Coastal Zone
Management, Coastal Energy Impact Program, and other sources
available to the Pennsylvania Fish Commission may be used to
help meet current and future demands for access sites for
fishing and boating activities in the Commonwealth's coastal
waters.

11-2-14

POLICY 111-4: FM/Studies

PROBLEMS ADDRESSED/Policy 111-4
Coastal fisheries management. decisions are hindered in
Pennsylvania by a severe lack of base line data and effective
methods to monitor the stability of the fish stocks. The lack of
adequate information has often resulted in proposals and
decision-making that have had adverseimpacts on fish populations
and recreational and commercial fishermen. Technical information
is needed concerning long-term and short-term effects of
dissolved oxygen depletion on fish, effect of toxic wastes on
fish stocks, the effects on humans who consume these fish,
commercial and recreational harvest data, and additional
information to aid in determining the optimum harvest that can be
permitted in coastal waters -while ensuring the continued
reproductive viability of the fish stocks.

POLICY 111-4: Encouragement

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
UNDERTAKE DETAILED TECHNICAL STUDIES OF COASTAL FISHERIES,,
THEIR AQUATIC HABITATS AND ASSOCIATED ISSUES THAT IMPACT
THEIR MANAGEMENT.

AUTHORITY(S)/Policy 111-4:

No authority required.

POLICY ACTIONS/Policy 111-4

This policy provides encouragement and will make Coastal
Zone Management funds available to the Pennsylvania Fish
Commission for the purpose of developing monitoring
capabilities to acquire baseline information for making
effective management decisions and to monitor stability of
coastal fishing stocks.

IV. WETLANDS

Wetlands represent a vital national resource of critical
importance r-o the coastal areas of the Nation. In addition to
providing habitat areas for fish and wildlife, wetlands provide
natural flood control, improved water quality, acquifer recharge,
flow stabilization and environmental diversity. In spite of
zhese benefits, the environmental value of these sensitive areas
has only recently been publicized.

In the past, Pennsylvania has lost tremendous amounts of tidal
and freshwater wetlands to filling, bulkheading and development.

11-2-15

Additionally, the remaining wetlands are being threatened by the
cumulative impacts of development that is occurring in adjacent
areas,

POLICY IV-1, IV-1.1: Wetlands

POLICY IV-1: Enforcement/Regulations

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
PRESERVE, PROTECT AND, WHERE POSSIBLE, ENHANCE OR RESTORE
THE REMAINING TIDAL AND FRESHWATER WETLANDS WITHIN THE
COMMONWEALTHtS COASTAL AREAS BY REGULATING THROUGH PERMIT:
DRAINING, DREDGINGO FILLING, AND OTHER ACTIVITIES THAT
AFFECT WATER QUALITY COURSE, CURRENT OR CROSS SECTION OF ANY
WATER COURSE, FLOODWAY OR BODY OF WATER. THIS WILL ENSURE
THE CONSIDERATION OF THE WETLANDS@ PUBLIC VALUES SUCH AS;
AREAS OF FISH AND WILDLIFE HABITAT, STORAGE AREAS FOR FLOOD
WATERS, BUFFERS AGAINST SHORELINE EROSION, AREAS OF AQUIFER
RECHARGE AND WATER PURIFICATION AREAS.

POLICY IV-1.1: Direct Action

FURTHERMORE, IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT
PROGRAM -TO PROTECT WETLANDS FROM CUMULATIVE IMPACTS
ASSOCIATED WITH INCREASED RUNOFF FROM DEVELOPMENT AND OTHER
ACTIVITIES OCCURRING IN ADJACENT AREAS BY ENCOURAGING THE
DEVELOPMENT OF COMPREHENSIVE STORMWATER MANAGEMENT PLANS,
THAT REGULATE SURFACE RUNOFF AND THE RESULTANT INTRODUCTION
OF SEDIMENT, PESTICIDESt SALTS, AND TOXIC MATERIALS INTO
WETLANDS. (Also see Policies I-A.3. 11-2, 111-1# IX-A.1#
IX-B.1, X-3).

AUTHORITY (S) /Policy IV- 1, IV- 1. 1

Pennsylvania Constitution# Article I, Section 27. The Dam
Safety Act, Act of November 26, 1978, P.L. 1375, as amended
(32 P.S. Sections 693.1 et seg.); Clean Streams Law, Act of
June 22, 1937, P.L. 1987, as amended (35 P.S. Sections 691.1
et seg.); Storm Water Management Act, Act of October 4,
T976, P.L. 864 (32 P.S. Sections 680.1 et seg.); Soil
Conservation Law, Act of May 15, 1945, P.L. -f4--7, as amended
(3 P.S. Sections 849 et seg.).

Regulation(s): 25 Pa. Code, Chapters 91, 92, 93, 94, 95,
97, 99, 100, 101, 1077105, 106, 107 and 109.

POLICY ACTIONS/Policy IV-1.1

This policy ensures through regulations, permit
requirements, and financial assistance from the Coastal Zone
Management Program that wetlands in the Commonwealth's
coastal areas will be regulated in a manner that protect

11-2-16

them from adverse impacts. Furthermore, the policy may
protect wetlands from cumulative impacts in adjacent areas,
by providing encouragement and Coastal Zone Management
funding for the development of comprehensive stormwater
management plans that help protect wetlands from damage due
to increased amounts of sediments, salts, pesticides, and
other toxic materials.

V. PUBLIC ACCESS FOR RECREATION (PAR)

Both nationally and within Pennsylvania there is a growing demand
for access to the shorefront of Lake Erie and the waterfront of
the Delaware River. People seek access not only for traditional
recreational pursuits such as boating and fishing, but
increasingly for more passive forms of recreation such as
walking, picnicking, or just viewing the water. In both Erie and
the Philadelphia area, waterfront visitors are increasingly
interested in observing the activities of a "working" port, such
as vessels of many descriptions unloading cargo from around the
world.

Currently, however, due to physical, fiscal, and legal
constraints the demand for recreation access in the
CommonwealthIs coastal areas is not being adequately
accommodated.

POLICY V-1: PAR/Additional Access

PROBLEMS ADDRESSED/Policy V-1

There is a severe lack of available and accessible areas suitable
for active and/or passive public recreation opportunities in both
coastal zones. In the Lake Erie area, private ownership of
iakefront properties and physical constraints; ie., bluffs, are
the principal impediments to public access. In the Delaware
Estuary, intensive development and private, ownership constitute
the major constraints to public access.

Furthermore, with the increasing costs of acquiring properties
for recreational development, alternative sources of funding as
well as means other than fee simple acquisition must be fully
utilized to meet increasing recreation demands.

POLICY V-1: Direct Action

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
PROVIDE ADDITIONAL PUBLIC ACCESS OPPORTUNITIES ALONG THE
WATERFRONTS OF LAKE ERIE AND THE DELAWARE RIVER FOR ACTIVE
RECREATION SUCH AS SWIMMING, FISHING, AND BOAT LAUNCHING, AS

11-2-17

WELL AS FOR MORE PASSIVE ACTIVITIES SUCH AS SIGHTSEEING AND
PICNICKING. (Also see Policies 111-3, V-2, IX-A).

AUTHORITY(S)/Policy V-1

Pennsylvania Constitution, Article I. Section 27.
Interagency agreement through a Memorandum of understanding
(DATE) between the Department of Environmental Resources and
the Department of Community Affairs, places high priority on
the development of access areas within the CommonwealthIs
two coastal zones. Agency authority to acquire land through
purchase, gift, lease, or condemnation is conferred on the
Department of Environmental Resources and the Department of
community Affairs respectively,, through the Administrative
Code of 1929, Act of April 9, 1929, P.L. 177, as amended,
(71 P.S. Sections 510-1, 510-2, 510-4, 510-5, 510-6); and
the Administrative Code of 1929, Act of April 9, 19290
P.L. 177, (71 P.S. Section 670.101).,

Additionally, authority is conferred on the state through
the Open Space Lands, Act of Janqary 19, 1968, P.L.
(1967) 992 (32 P.S. Sections 5001 et seg.).

POLICY ACTIONS/Policy V-1

Access sites will be acquired through the utilization of fee
simple purchase, leaseback, saleback, and other less than
fee simple arrangements. Traditional sources of funds will
be utilized and supplemented whenever possible with funds
from the Coastal Energy Impact Program, and such other
sources as may be available to State agencies and local
governments. Additionally, Coastal Zone Management Program
funds may' be utilized for the design of recreational
facilities.

POLICY V-2: PAR/Geographic-Areas of Particular Concern (GAPCIS)

PROBLEMS ADDRESSED/Policy V-2

There are two types of Geographic Areas of Particular Concern
(GAPC) identified for the Lake Erie and Delaware Estuary coastal
zones: designated GAPC and monimated GAPC- Designated GAPC are
those over which the Commonwealth has control through ownership
or regulation. Nominated GAPC includes areas of significant
natural value; development opportunity areas; areas of
significant recreational, historic, or cultural value; and
overlap areas. Although they are considered under the same
general heading (GAPC), these areas exhibit different
characteristics, represent different concerns, and are suited for
different types of activities.

11-2-18

Those GAPC's nominated as having significant natural value or
significant recreational, historic, or cultural value have been
determined by the Coastal Zone Management Program as having high
potential for offering active and/or passive forms of recreation.
Efforts should be made to develop these areas in a manner that
enhances this innate potential.

POLICY V-2: Encouragement

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
GIVE HIGH PRIORITY TO ACQUISITION AND/OR DEVELOPMENT OF
GAPCIS, NOMINATED AS AREAS OF SIGNIFICANT NATURAL VALUE, AND
AREAS OF HISTORICAL, CULTURAL OR RECREATIONAL SIGNIFICANCE,,
TO PROVIDE PUBLIC ACCESS OPPORTUNITIES FOR ACTIVE AND/OR
PASSIVE FORMS OF RECREATION. (Also see Policies 111-3, V-1,
IX-A).

AUTHORITY(S)/Policy-V-2

Pennsylvania Constitution, Article I. Section 27.
Authorities providing acquisitionary powers to the
Department of Environmental Resources and the authorities
providing power to the Department of Community Affairs to
make grants to municipalities for the purpose.of developing
recreational sites are reviewed in the,authority section for
Policy V-1: PAR/Additional Access.

POLICY ACTIONS/Policy V-2

As a result of this policy, pertinent Department of
Environmental Resources and Department of Community Affairs
funds will be judiciously administered to promote and
encourage the development of public recreation opportunities
in GAPC1s designated as Areas of Significant Natural Value
and Areas of Historic, Cultural or Recreational
Significance.

VI. HISTORIC SITES AND STRUCTURES (HSS)

Historic preservation i s a concern at the national, state and
local level. There are many reasons that justify historic
preservation, including economic, cultural, aesthetic and
educational benefits. Yet, attempts to preserve valuable
reminders and monuments of the past have been sporadic and
unpredictable. By making history more real and less abstract,
historic buildings foster an appreciation and understanding of
the past. Techniques of construction and popular architectural
styles can be observed first hand.

In many cases, valuable historic resources have not been
consciously preserved, but instead have been spared only through

11-2-19

benign, temporary neglect. Unless government and private
citizens begin to plan immediately for preservation and
protection of significant sites and structures, they may
eventually come to be viewed as "stumbling blocks" in the way of
"progress".

Potentially, valuable buildings are lost each year in
Pennsylvania through lack of interest, insufficient knowledge, or
the absence of timely intervention.

The Commonwealth's coastal areas contain some di the State's
oldest communities, with large concentrations of historic sites.
Unfortunately, many of these structures are sited in such a
manner as to be extremely vulnerable to future development.
Local governments and historical societies find it difficult to
raise the 50 percent "local share" required for Federal aid
programs. In addition, maintenance of historic properties
becomes expensive and is the responsibility of the government or
historical society if sites are purchased for preservation.

There is a limit to the number of "home museums" that any area,
no matter how historic, can support. Over-reliance on public
purchase removes valuable properties from the tax roles. For
this reason, the concept of "adaptive reuse" of historic
structures is now well known and widely utilized. The idea
involves "recycling" old buildings that are no longer suited to
their original purpose. Through the use of this technique mills,
barns, churches, and industrial buildings are converted to stores
and shops, residences, offices, art galleries, antique centers,
and community buildings.

POLICY VI: Historic Preservation

POLICY VI: Encouragement

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
ASSIST THE PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION IN
THE IDENTIFICATION, RESTORATION, AND PRESERVATION OF
ARCHITECTURALLY AND HISTORICALLY SIGNIFICANT SITES AND
STRUCTURES IN THE COMMONWEALTH4S COASTAL ZONES. (Also see
Policies IV, X-2).

AUTHORITY(S)/Policy VI

Pennsylvania constitution, Article I, Section 27. Historic
Preservation Act, the Act of November 22, 1978, P.L. 1160
(71 P.S. Sections 1047.1(a) @@t seg.), imposing powers and
duties on the Pennsylvania Historical and Museum Commission;
and requiring interagency and interdepartmental coordination
with the commission. Executive order, Number 1975-6,
Preservation of Historic Resources, May 6, 1975.

11-2-20

POLICY ACTIONS/PoliCy VI

This policy provides focus to and resources for the
implementation of the Historic Preservation Act in the
Commonwealth's coastal zones. Actions which will be
undertaken by the Coastal Zone management Program are: the
provision of funding, dissemination of information,
technical assistance, and other actions deemed appropriate
to ensure that the historic resources of the coastal zones
are preserved and maintained for this and future
generations.

VII. PORT ACTIVITIES

Pennsylvania's ports represent a vital link between the water and
the inland transportation systems and constitute a national as
well as a regional resource.

The ports in the Delaware Estuary coastal zone are particularly
well equipped to handle bulk cargo, with the petroleum industry
accounting for much of the port's import tonnage. Exports of
Pennsylvania coal to foreign countries are expected to increase
markedly in the future and upgraded port facilities will be
required in the coastal zone to augment throughput capacity. The
port and petroleum industries, in turn, support related
activities such as warehousing, trucking, chemical industries,
and primary metals. The Port of Erie is one of the finest
natural harbors on the Great Lakes providing excellent storm
protection and winter layover areas. The Port's marine terminal
boasts the largest capacity crane facilities on the U.S. side of
the@ Great Lakes.

while the coastal ports do.have their strong points, both are
marked by underutilized areas that have fallen into disrepair -
areas that are uneconomic as well as visually unattractive.
Changing vessels and cargo handling technology have made and will
continue to make various port facilities obsolete, necessitating
the provision of modern port facilities, served by adequate
support activities and an adequately dredged channel. Marine
terminals for the handling of "containerized" cargo require vast
amounts of land and superior rail and highway linkages. These
problems are further accentuated in the Erie port by the lack of
adequate highway access to the interstate highway system two
miles to the southwest.

11-2-21

POLICY VII-1: Port Activities/Development

PROBLEMS ADDRESSED/Policy VII-1

Pennsylvania's port facilities along Lake Erie and the Delaware
Estuary are marked by underutilized areas that have fallen into
disrepair - areas that are uneconomic as well as visually
unattractive. The failure to adapt to changing port
technologies, natural competitive advantages held by neighboring
ports, and poor inland transportation networks are part of the
reason for the decline of Pennsylvania's ports.

POLICY VII-1: Encouragement

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
ACTIVELY ATTRACT AND ENCOURAGE THE SITING OF PORT DEPENDENT
ECONOMIC ACTIVITIES IN THE COMMONWEALTHtS COASTAL PORTS.
(Also see Policies IX-A. X-3).

AUTHORITY(S)/Policy VII-1

No specific authorities r equired.

POLICY ACTIONS/Policy VII-1

This policy focuses the attention and resources of pertinent
State agencies toward the problems of preserving and
enhancing the econom.Lc viability of the commonwealth's
coastal ports.

POLICY VII-2: Port Activities/Plannin

PROBLEMS ADDRESSED/Policy VII-2

Traditionally, it has been difficult to establish cooperative
planning efforts in either of Pennsylvania's coastal ports. This
lack of regional cooperation among the ports, makes long-range
comprehensive planning for the upgrading of port facilities
difficult. In addition, institutional, financial and political
problems relating to Pennsylvania's ports, remains largely
unresolved.

POLICY VII-2: Encouragement

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
UTILIZE ITS FISCAL AND OTHER PERTINENT RESOURCES TO SUPPORT
LONG-RANGE, COMPREHENSIVE PLANNING FOR THE FUTURE
DEVELOPMENT AND GROWTH OF THE PORT OF ERIE AND THE
PENNSYLVANIA PORTS OF THE DELAWARE ESTUARY, WHICH ENCOURAGES
THE ATTRACTION, ENHANCEMENTI AND DEVELOPMENT OF WATER

11-2-22

DEPENDENT ECONOMIC ACTIVITIES. (Also see Policy V-1, IX-A,
IX-C).

AUTHORITY(S)/Policy VII-2

No specific authorities required.

POLICY ACTIONS/Policy VII-2

This policy commits Coastal Zone Management funds and other
pertinent resources which may become available to support
long-range, comprehensive planning for the future
development and growth of the Port of Erie and the ports of
the Delaware Estuary. In addition, the Coastal Zone
Management Branch will work more closely with the port
interests and engage in further studies aimed at improving
permitting and coordinating activities.

VIII. ENERGY FACILITY SITING (EFS)

Energy production is a problem of national as well as state and
regional significance. Pennsylvania's coastal zones are no
exception. The increasing demand for energy coupled with the
inherent locational advantages the coastal zones offer to the
siting of many energy facilities, makes it inevitable that
additional facilities will be located in the Commonwealth's
coastal areas in the future. Although these facilities are vital
to the coastal areas, as well as the Commonwealth's continued
economic viability, improper siting of facilities can damage
fragile coastal ecosystems.

POLICY VIII-1: EFS/Permitting

PROBLEMS ADDRESSED/Policy VIII-1

The Commonwealth has an energy facility permitting process which
has the ability, through the issuance of permits covering air
discharges, water discharges and withdrawals, solid waste
disposal, shoreline erosion control, wetlands protection and
control of water obstructions and encroachments in the bed of
Lake Erie and the Delaware River, to ensure that all facilities
are sited in an environmentally responsible manner.

POLICY VIII-1: Enforcement/Regulations

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM To
ENSURE THROUGH REGULATIONSO BY PERMIT,, THAT ENERGY
FACILITIES SUCH AS OIL AND GAS REFINERIES, ELECTRIC
GENERATING STATIONS (COALf OIL AND GAS), ELECTRIC GENERATING

11-2-23

SUBSTATIONSO GAS DRILLING, AND LIQUIFICATION OF NATURAL GAS
OPERATIONS LOCATING IN THE COASTAL AREAS ARE SITED IN SUCH A
MANNER THAT THE COASTAL AREAS ECOSYSTEMS ARE NOT
UNREASONABLY ADVERSELY AFFECTED. (Also see Policies I-B,
II-1, IV-1, VIII-2, IX-A, IX-B.1, IX-B.2).

AUTHORITY(S)/Policy VIII-1

Pennsylvania Constitution, Article 1, Section 27. The Solid
Waste Management Act, Act of July 31, 1968, P.L. 788, as
amended (35 P.S. Sections 6001 et seq.); The Air Pollution
Control Act, Act of January T, '1960, P.L. (1959) 2119, as
amended (35 P.S. Sections 4001 et 'seg.); The Clean Streams
Law, Act of June 22, 1937, P.L. 1987 (35 P.S. Sections 691.1
et seg.); The Dam Safety Act, Act of November 26, 1978i
P.L. 1375, as amended (32 P.S. Sections 693.1 et seg. ; Soi
Conservation Law, Act of May 15, 1945, P.L. 54'@-, as amended
.(3 P.S. Sections 849 et seg. ; The Administrative Code, Act
of April 9, 1929, P.L. 177, as amended (71 P.S.
Section 510-20); Radiation Control, Act of January 28, 1966,
P.L. (1965) 1625 (73 P.S. Sections 1301 et seg.); Act of
.July 1, 1978, P.L. 598 (66 PA. C.S. Sections 1101 et seq.).

Regulation(s): 25 Pa. Code Chapters 75, 91, 92, 93, 95, 97,
101, 102, 105, 121, 123, 124, 127, 129, 131, 133, 135, 6 Pa.
Code Chapter V et seq.

POLICY ACTIONS/Policy VIII-1

The Coastal Zone Management Branch will monitor permit
applications for the development of energy facilities in the
Commonwealth's coastal areas to ensure these facilities are
sited in' an environmentally responsible manner.
Additionally, coastal zone management funds and expertise
will be utilized in developing studies and siting procedures
designed to improve the current site selection process.

POLICY VIII-2: Energy Facilities/Natural Gas

PROBLEMS ADDRESSED/Policy VIII-2

The increasing dependence on foreign energy supplies is a problem
of national concern. The coastal areas of Pennsylvania contain
supplies of natural gas that could address this problem at the
local level. To date, however, the development of these supplies
has been delayed.

POLICY VIII-2: Enforcement/Regulations

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
FACILITATE THE PRODUCTION OF NATURAL GAS SUPPLIES IN LAKE
ERIE USING PROPER ENVIRONMENTAL SAFEGUARDS THAT ARE DESIGNED

11-2-24

TO MINIMIZE ADVERSE AIR AND WATER QUALITY IMPACTS ASSOCIATED
WITH RESOURCE EXPLORATION AND DEVELOPMENT* (Also see
Policies II-1, IV, VIII-11 IX-A, IX-B.1, IX-B.2).

AUTHORITY(S)/Policy VIII-2

Pennsylvania Constitution, Article I, Section 27. The
Administrative Code, the Act of April 9, 1929, P..L. 177, as
amended, (71 P.S. Sections 510-2); These acts provide the
Department of Environmental Resources with the authority to
regulate oil and gas exploration and development. The Dam
Safety Act, Act of November 26, 1978, P.L. 1375, as amended,
(32 P.S. Sections 693.1 et seq.); Clean Streams Law, Act of
June 22, 1937, P.L. 1987, as amended (35 P.S. Sections 691.1
et seq.); Act of July 1, 1978, P.L. 598 (66 PA. C.S.
Sections 1101 et seq.).

Regulationts): 25 Pa. Code Chapters 79, 80, 105; 66 Pa.
code Chapter 1 et EtT--

POLICY ACTIONS/Policy VIII-2

This policy focuses coastal zone management funds and
resources on addressing the problems currently existing in
the development of energy resources in the Commonwealth's
coastal areas. In addition to improving the monitoring of
the current permitting system, efforts will be made to
educate the public as to what the ramifications of
developing these energy resources entails in the coastal
zones.

POLICY VIII-3: EFS/Site Selection

PROBLEMS ADDRESSED/Policy VIII-3

Currently, the Commonwealth's coastal municipalities
comprehensive plans do not contain any recommendations as to
appropriate sites or a site selection process, to accommodate new
energy facility development. Therefore, a key step, necessary
for ensuring that energy facility siting is done in a timely and
responsible manner, is missing from the site selection process.

POLICY VIII-3: Encouragement

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
UTILIZE COASTAL ZONE MANAGEMENT FUNDS AND PROVIDE OTHER
PERTINENT ASSISTANCE, TO ENCOURAGE COASTAL MUNICIPALITIES TO
AMEND THEIR COMPREHENSIVE PLANS TO REFLECT THE
RECOMMENDATIONS CONTAINED IN THE ENERGY FACILITY SITING
PLANNING PROCESS DEVELOPED BY THE COASTAL ZONE MANAGEMENT
PROGRAM, WHICH AMONG OTHER THINGS RECOMMENDS THAT WHENEVER

11-2-25

FEASIBLEs NEW ENERGY FACILITIES ARE LOCATED ADJACENT TO
EXISTING ONES. (Also see Policy X-2).

AUTHORITY(S)/Policy VIII-3

No specific authority is required.

POLICY ACTIONS/Policy VIII-3

This policy improves the energy facility site selection
process in coast areas by providing a rationale for
accommodating potential energy facilities development.
Local Municipalities will be encouraged to incorporate the
findings of the Coastal Zone Management Program's energy
facility planning process into their comprehensive plans.
Coastal Zone Management funds and technical advise will be
available to assist in incorporating the planning process
into the comprehensive plans.

POLICY VIII-4: Energy Resources/outer Continental Shelf

PROBLEMS ADDRESSED/Policy VIII-4

Significant economic benefits may accrue to the Commonwealth,
particularly the southeastern portion, if gas and oil reserves in
the Baltimore Canyon prove significant and are developed.
However, unless this development occurs in an environmentally
responsible manner, the environment could be seriously degraded.

POLICY VIII-4: Encouragement

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
SUPPORT THE DEVELOPMENT OF CUTER CONTINENTAL SHELF OIL AND
GAS RESOURCES THROUGH ALL AVAILABLE MEANS, PROVIDED THAT THE
NECESSARY ENVIRONMENTAL SAFEGUARDS ARE ENFORCED THROUGH
REGULATION BY THE APPROPRIATE FEDERAL AND STATE AGENCIES TO
ENSURE THAT THE INTEGRITY OF THE ADJACENT FISH AND WILDLIFE
HABITAT IS NOT IRREPARABLY DAMAGED DUE TO DRILLING AND OTHER
DEVELOPMENT ACTIVITIES. (Also see Policies III-1, IX-B.1,
IX-B.2).

AUTHORITY (S) /Policy VIII-4

No specific authority is required.

POLICY ACTIONS/Policy VIII-4

Utilizing the A-95 review process and the procedure
explained in Chapter 5 for ensuring Federal consistency for
OCS activities, the Coastal Zone Management Program will
support all Outer Continental Shelf oil and gas development
that observes pertinent environmental standards.

11-2-26

IX. INTERGOVERNMENTAL COORDINATION(IC)

The Pennsylvania Coastal Zone Management Program is based on a
networking principle. Therefore, it is vitally important that
mechanisms are developed that ensure that all departments,
commissions, and other agencies which administer programs or
issue permits in the Commonwealth's coastal zones, do so in a
clear, concise and coordinated manner to ensure program
consistency. Additionally, two areas of national importance, air
and water quality standards, need to be adopted by the Program
and administered in a manner consistent with national goals.

POLICY IX-A: IC/Consistenc

PROBLEMS ADDRESSED/Policy IX-

Presently, actions within the coastal zones are regulated by a
variety of State agencies with varying mandates. Mechanisms need
to be developed to ensure that all State actions in the coastal
zones are consistent with coastal Zone Management enforceable
policies.

POLICY IX-A: Enforcement/Regulations

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
INITIATE A PROGRAM OF "STATE CONSISTENCY" TO ENSURE THAT ALL
STATE ADMINISTRATIVE DEPARTMENTS AND INDEPENDENT
ADMINISTRATIVE BOARDS AND COMMISSIONS AND OTHER STATE
AGENCIES SHALL ENFORCE AND ACT CONSISTENTLY WITH THE
ENFORCEABLE POLICIES OF THE PENNSYLVANIA COASTAL ZONE
MANAGEMENT PROGRAM.

AUTHORITY(S)/Policy IX-

Pennsylvania constitution, Article I, Section 27.
Pennsylvania constitution Article IV, Section 2;
Administrative Code of 1929, Act of April 9, 1929, P.L. 177,
as amended (71 P.S. Sections 510-20, 241, 181). Executive
Order (Number and Date).

POLICY ACTIONS/Policy IX-A

All administrative departments and independent
administrative boards and commissions and other State
agencies shall enforce and act consistently with the
enforceable policies of the Coastal Zone Management Program.
These actions are achieved by using an Executive order and
Memoranda of Understanding to ensure State consistency on
the Commonwealth's coastal areas activities covered by the
Coastal Zone Management policies.

11-2-27

POLICY IX-B.1.- IC/Water Ouality

PROBLEMS ADDRESSED/Policy IX-B.1

Improvement of water quality is a prime concern in the
Commonwealth's coastal areas. Specific water quality problems
include poorly or inadequately treated waste discharges from
municipal, nonmunicipal, and industrial sewage treatment plants,
failure of on-site disposal systems, leachate from solid waste
and sanitary land fills, runoff from agricultural land and animal
feed lots,'poor stormwater management, and salt water intrusion
of the groundwater and surface water4

POLICY IX-8.1: tnforcement/Regulatiohs

IT IS THE POLICY OF THE COASTAL ZONE MANAOE14ENT PROGRAM TO
ADOPT BY REFERENCE, THE REQUIREMENTS OF THE FEDERAL CLEAN
WATER ACT (P.L. 95-217, AS AMENDED) AND TO INCORPORATE THESE
REQUIREMENTS INTO THE COMMONWEALTH'S COASTAL ZONE MANAGEMENT
PROGRAM.

AUTHORITY(S)/Policy IX-B.1

The Sewage Facilities Act of January 24, 1966, P.L.
(1965) 1535, as amended (35 P.S. Sections 750.1 et seq.);
the Clean Streams Law, Act of Jun 22, 1937, P.L. 1987, as
amended (35 P.S. Sections 691.1 et seg.).

Regulations: 25 Pa. Code Chapters 91, 92, 93, 94, 95, 97,
99, 100, 101.

POLICY ACTIONS/Policy IX-B.1

By adopting the goals of the Clean Wazer Act, the
Commonwealth agrees to monitor present stream, river, and
coastal water quality, and set standards and objectives for
future water quality; regulate present and future point
source discharges through issuance of permits which
establish compliance scheduled based on effluent limitations
and receiving water standards; plan for future waste
treatment needs and construct or upgrade municipal sewer
systems and treatment plants to attain a level of treatment
equivalent to secondary treatment; identify waste treatment
facility needs, priorities and schedules; esLablish a
regulatory program to provide for waste treatment management
on an areawide basis, the creation of new discharges, and
pretreatment of industrial and commercial wastes; identify
other means necessary to carry out the above; and establish
a process to identify and control nonpoint sources, disposal
of wastes, and the salt water intrusion of groundwater and
surface water regimens.

11-2-28

POLICY IX-B.2: IC/Air Qualit

PROBLEMS ADDRESSED/Policy IX-B.2

Improvement of air quality is a prime concern in the
Commonwealth's coastal areas. The major air quality problems are
that both coastal areas experience periodic violations of the
National Ambient Air Quality Standards for carbon monoxide and
photochemical oxidants. It is important that these periodic
violations be eliminated to ensure a healthy environment for the
residents of the coastal zones.

POLICY IX-B.2: Enforcement/Regulations

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
ADOPT BY REFERENCEg THE REQUIREMENTS OF THE FEDERAL CLEAN
AIR ACT AND TO INCORPORATE THESE REQUIREMENTS INTO THE
COMMONWEALTH'S COASTAL ZONE MANAGEMENT PROGRAM.

AUTHORITY(S)/Policy IX-B.2

Air Pollution Control Act of January 8, 1960, P.L.
(1959) 2119, as amended (35 P.S. Sections 4001 et 'seg.); The
9'T
Administrative Code of 1929, Act of April 9, 1 9, P.L. 177,
as amended (71 P.S. Section 510-1).

Regulation(s): 25 Pa. Code Chapters 121, 123, 124, 127,
129, 131, 133, 135, 137, 141.

POLICY ACTIONS/Policy IX-B.2

The Coastal Zone Management Program will support, with funds
and technical expertise, the State Air Quality
Implementation Plan in the Commo'nwealth's coastal areas; as
the means by which to achieve the goals of the Clean Air
Act.

POLICY IX-C: IC/Permit Improvement

PROBLEMS ADDRESSED/Policy IX-C

Presently, the Commonwealth's regulatory permitting system has
two major drawbacks. The first being a need for improved
coordination both within and between the various agencies with
permitting authorities. The second problem deals with a lack of
public understanding of the permitting process which may manifest
itself in the following ways: a person engaging in an action may
not know a permit is required, a person may know a permit is
required but not how to acquire one, a person may not know if an
action requires more than one permit and if it does, how to
acquire the additional permits.

11-2-29

POLICY IX-C: Encouragement

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
PERIODICALLY INITIATEI COORDINATEO AND PARTICIPATE IN
COMPREHENSIVE STUDIES AIMED AT IMPROVING THE REGULATORY
PERMITTING PROCESS IN THE COMMONWEALTH'S COASTAL ZONES.
(Also see Policies IX-A, X-3)0

AUTHORITY(S)/Policy IX-C

Pennsylvania Constitution, Article 1, Section 27. No other
specific authority needed.

POLICY ACTIONS/Policy IX-C

This policy commits coastal zone management funds and
resources to the development of recommendations aimed at
correcting current problems existing in the permitting
systems operating in the coastal zones. Furthermore,
affected agencies and their staff will be encouraged to
participate in the studies and assist in making recommended
changes to their permitting procedures.

X. PUBLIC INVOLVEMENT (PI)

While there has been an increasing awareness of coastal issues
and problems, much more needs to be done in this area. There is
a need for providing adequate information and opportunities to
the public so that they can be involved in helping to solve the
problems associated with these coastal issues.

POLICY X-1: PI/Sunshine Law

PROBLEMS ADDRESSED/Policy X-1

The fair and adequate representation of the public interest in
all decision-making activities affecting the public is in the
best interests of the Commonwealth. When formal decisions are to
be undertaken, the public must have adequate opportunity to
provide information and comment on the proposed actions. This
provision for public comment helps ensure that final decisions on
the action will truly reflect the public attitude.

POLICY X-1: Direct Action

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
ENSURE THAT ALL MEETINGS, WHERE FORMAL ACTION IS To BE
TAKENO BE OPEN TO THE PUBLIC, PRECEEDED BY PUBLIC NOTICE AND
HELD IN REASONABLY ACCESSIBLE LOCATIONS.

11-2-30

AUTHORITY (S) /Policy- X- 1

Open Meeting Law, Act of July 19, 1974, P.L. 486 (65 P.S.
Sections.261 et seg.).

POLICY ACTIONS/Policy X-1

This policy requires the Coastal Zone Management Program to
provide public notice and hold meetings in accessible places
when "formal action" is to be taken. The Act defines
"formal action" as the taking of any vote on any resolution,
rule, order, motion, regulation, ordinance or the setting of
any official policy, 65 P.S. Section 261.

POLICY X-2: PI/Participation

PROBLEMS ADDRESSED/Policy x-2

If the public is not made aware of and not brought into the
decision-making process concerning coastal issues then a valuable
resource will not be utilized and the coastal Zone Management
Program will not reflect the public interest, neither will it be
able to function effectively.

POLICY X-2: Encouragement

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
PROVIDE CITIZENS, SPECIAL INTEREST GROUPS, AND ALL OTHER
SEGMENTS OF THE PUBLIC WITH OPPORTUNITIES FOR EARLY AND
CONTINUOUS INVOLVEMENT AND PARTICIPATION IN THE
COMMONWEALTHIS COASTAL ZONE MANAGEMENT PROGRAM, THROUGH THE
DEVELOPMENT OF EFFECTIVE COMMUNICATION AND PARTICIPATION
MEASURES. (Also see Policy X-1),.

AUTHORITY(S)/Policy X-2

No specific authority is needed.

POLICY ACTIONS/Policy X-2

This policy encourages the development and use of
appropriate forums to involve and educate citizens regarding
projects and programs which. have a , significant or
controversial impact on coastal resources; subject those
projects and programs to public scrutiny and discussion; and
encourage the submittal of recommendations concerning such
projects and programs to appropriate governmental agencies.

Furthermore, the policy will encourage program participants
to hold public informational meetings and involve citizens
and , technical members in issue study, problem
identification, proposal development, and decision-making.

11-2-31

POLICY X-3-* PI/Coastal Zone Advisory Committee

PROBLEMS ADDRESSED/Policy X-3

Presently, no formal mechanism @exists at -the State level to
.address State and local coordination on coastal issues, toxevie'w
the Coastal Zone Management Program with r-espect to publilc
responsiveness-and fulfilling the needs of the Commonwealth, and
to review the effectiveness of regulations pertaining to coastal
,resources.

POLICY X-3: Encour agement

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
ESTABLISH A COASTAL ZONE ADVISORY COMMITTEEMBOSEPURPOSE
WILL BE TO: PROVIDEA FORUM FROM WHICH T40 ADDRESS STATS AND
LOCAL COORDINATION ON COASTAL ISSUES, PERIODICALLY REMIEW
THE COASTAL ZONE MANAGE14ENT PROGRAM WITH RESPECT TO 'PUBLIC
RESPONSIVENESS AND MEETING @THE NEEDS OF THE-C,0MMONWEALTHj,
AND TO ADVISE THE ENVIRONMENTAL QUALITY,BOARD ON REGULATIONS
AFFECTING COASTAL RESOUR4CES.

AUTHORITY (S) /Policy X-3

No
specific authority is needed.

POLICY ACTIONS/Policy X-3

Pursuant to thispolicy, a Coastal Zone Advisory Committee
comprised of-all affected State agencies and representatives
from coastal areas has been established. The Committee
provides a'forum from which to address state and local
coordination regarding coastal issues, periodically reviews
the Coastal Zone Management Program with respect to public
responsiveness and meeting the needs of the Commonwealth,
and makes recommendations for program improvements to the
Coastal Zone Management Branch and advises the Environmental
Quality Board on the effectiveness of regulations affecting
coastal resources.

11-2-32

Chapter 3

Special
Management Concerns

GEOGRAPHIC AREAS OF PARTICULAR CONCERN (GAPC)

Purpose of Designated and Nominated GAPC

The National Coastal Zone Management Act, while noting the
importance of the entire coastal zone, declares that certain
areas are of greater significance. As a requirement for program
approval, the Act requires loan inventory and designation of areas
of particular concern within the coastal zone"
(Section 305(b)(3)).

There are two types of Geographic Areas of Particular Concern
(GAPC) identified for the Lake Erie and Delaware Estuary coastal
zones. These are designated GAPC and nominated GAPC. High and
low priorities of use for both types of GAPC 'have been
recommended by the Coastal Zone.Management Program.

Designated GAPC - Designated GAPC are those areas which receive
coastal zone management funds to further the objectives of the
program. GAPC are designated by virtue of:

1. State ownership of GAPC

2. State regulation of GAPC

3. Contractual agreement with agency or entity
responsible for management of GAPC

Designated GAPC and the guidelines on priorities of use,
including uses of lowest priority, are as follows:

1. State owned lands which include all State parks, maior
fish access areas, and key historical sites in the
coastal zones are managed,by State agencl-eswhiZ@h- h;iv-e
been delegated the necessary legislative authority to
ensure sound management. The Department of
Environmental Resources manages parks under the
Administrative code of 1929. MasterplanS have been
developed for, each State park. These plans are
designed to ensure proper development, management and
protection of the parks.

The Pennsylvania Fish Commission manages fish access
areas under the Fish Laws of 1959. The Fish
Commission has developed a Statewide Outdoor
Recreation Plan which presents the Commission plans
for providing additional fishing and boating access in
the Commonwealth.

The Historical and Museum Commission manages
historical sites under the Historic Preservation Act.
Commission Directives and Site Programs determine
development priorities for their properties.

11-3-1

Therefore, high priorities for these designated GAPC
will bel activities advocated by the respective
management agency and low priority uses would be
activities which conflict with or exclude the high
priority uses.

2. The Bluff Hazard Recession Area along Lake Erie is
iTan-a'ged by the authority of the Bluff Recession and
Setback Act. This area is a natural value area which
has an even greater than normal degree of sensitivity
caused by the bluff recession problem. Highest
priority uses are to protect the natural values of the
.bluffs by requiring a minimum setback distance for all
structures built within bluff recession hazard areas.
The rer:,ults will prevent and eliminaLe urban and rural
blight which results from the damages from bluff
recession, and protect people and property in bluff
areas from the damages of bluff recession. Low
priority uses are any activities that would disrupt
the natural dynamics in a way that would lead to
increased bluff recession rates.

3. Presque Isle Bay which is managed under the
aathorities of the Dam safety and Encroachments Act
and the Clean Streams Law, is a unique area offering a
climate conducive to the development of both port and
recreational activities. High priority uses include:
development of coal loading and off loading
facilities, increasing the port's import and export
grain handling capacity, increasing the ports
warehousing capacity and cability, providing better
road access between the port and the local interstate
highway system, improving port facilities used in
support of the growing commercial fishing fleet,
expanding the marina. capacity of the harbor and
providing better recreational access to the harbor
area via the development of access roads, parking lots
and service docks. Low priority uses are any used
which exclude or conflict with high priority uses.

4. Coastal floodplains are managed under the authority of
the Floodplain Management Act and the Clean Streams
Law. These areas are managed in a manner that
enhances or maintains their natural function Of
handling flood flow. High priority uses are
recreational or development activities, which meet the
requirements of the National Flood Insurance Program
and the State Act, and does not adversely impact the
areas function as a floodplain. Low priority uses are
any uses which would exacerbate flooding by impacting
the areas natural function as a floodplain or
lead to a loss of public investment as a

11-3-2

result of flooding. Regulations governing activities
in these areas are found in Appendix B.

5. Coastal wetlands are managed under the authorities of
the Dam Safety Act and the Clean Stream Law. wetlands
have high public values as a result of the natural
function they perform such as; areas of fish and
wildlife habitat, storage area for flood waters,
buffers against shoreline erosion, areas of aquifer
recharge and water purification areas. Therefore,
high priority uses are those which benefit from the
areas natural qualities while enhancing, restoring, or
preserving them, such as; nature study, hiking, and
passive recreation. Low priority uses are any uses
which adversely impact or limit the areas natural and
public values. Regulations governing activities in
these areas are found in Appendix B.

Nominated GAPC - Nominated GAPC are those areas which the public,
State, and Federal agencies, interest groups, and other affected
parties identified as deserving special management attention
during implementation of the Pennsylvania Coastal Zone Management
Program. Priority recommendations, which are listed in a
following section, Priorities for Uses in Nominated,GAPC, are not
binding, because the State does not control them through direct
ownership or regulation of specified resources areas such as
bluff hazard areas, coastal floodplains and coastal wetlands.
Most GAPC in Pennsylvania's coastal zones are of the nominated
type. "Nominated" GAPC will be eligible to receive coastal zone
management funds- when they qualify for "designation" or address
one of the program's principal policy areas.

In iorder to qualify for designation, municipalities or
responsible agencies may enter into contractual agreements with
the Coastal Zone Management Branch to develop technical or
feasibility studies and new or revised plans and ordinances.
Through the contractual process, the State will be able to
require adherence to coastal management goals, policies and
recommended use priorities.

Crir-eria for Nominated GAPC

There are four categories of nominated GAPC for the Lake Erie and
Delaware Estuary coastal zones: areas of significant natural
value, development opportunity areas, areas of significant
recreational, historic, or cultural value, and overlap areas.
Although they are considered under the same general heading,
nominated GAPC, these categories exhibit different
characteristics, represent different concerns, and are subject to
different kinds of management problems.

Areas of significant natural value are determined according to
the concentration of natural characteristics that are either

11-3-3

valuable as amenities or unique to the coastal environment.
These land-based characteristics include woodlands, uplands,
wildlife habitats, and prime agricultural and erodible soils.

Development opportunity areas are those especially suited to more
intensive use through development or redevelopment. The purpose
for highlighting these areas is to stimulate the economic use of
the river or lake and certain related waterfront properties. In
particular, some of these opportunity areas could be considered
as potential locations for waterfront facilities serving the
regional, State or national economic interests. These uses may
include port facilities, energy facilities, or other commercial
and industrial activities.

Areas of significant recreational, historic, 2r cultural value
are areas where reclamation, restoration, public access and other
remedial actions may be needed. Because of the wide range of
activities and uses included in this group, criteria establishing
them is flexible and responsive to individual conditions. They
include the following types of areas:

Areas of reclamation or restoration include those which have
experienced serious detrimental modification, but which possess
potential for recovery or reuse.

Areas of existing open space that have been identified where
recreational needs can be served, and public access to the
water's edge exists. other areas, that are not in their natural
state, but which seem appropriate for future public access have
also been identified.

Overlap Areas: In some cases, the distinction between a natural
area, a recreational area, and a development opportunity area is
not as easily defined. For example, many undeveloped sites are
appropriate for development and also possess either natural
amenities or recreational opportunities. Future economic
development of these overlap areas by current or future owners
should consider the natural features and/or potential access
opportunities. The Van Sciver Lake area, and Biles Island in
Falls Township, Delaware Estuary, are prime examples of such
areas. In these two privately owned overlap areas, the land use
plan of Falls Township indicates appropriate open space areas
surrounding a central area which is earmarked for industrial
development. The Penn's Landing area in Philadelphia and the
Presque Isle Bay area and waterfront district in Erie represent
areas that already combine economic development with recreational
opportunities.

Priorities for Uses in Nominated GAPC

In addition to highlighting critical areas within each coastal
zone, recommended priorities for future use have been developed
for the first three types of nominated GAPC. More detailed study

11-3-4

will be encouraged to determine priority uses within overlap
areas. Priorities presented range from the most desirable to
least desirable from the perspective of the entire coastal zone.
These priorities for future use of qAPC are designed to serve as
guidelines to local governments who are responsible for land use
decisions within the coastal zone. State agencies will consider
the priorities and guidelines as they carry out their
administrative responsibilities and exercise authorities
throughout the coastal zone.

Priorities for Uses in Areas of Significant Natural Value - The
wildlife and vegetation communities existing. in these GAPC
constitute a significant natural resource, which in many
instances provide a greater than local benefit. The major goals
of the management program are the protection and enhancement of
these areas and the encouragement of only those uses which will
not interfere with the areas natural functions.

High Priority Activities

1. Uses that protect, maintain or enhance natural
resource functions The protection of these
areas as open spa@e, passive recreation and
wildlife preserves, restoration of.natural plant
communities and the removal of trash are
examples of high priority activities.

2. uses, such as bird watching, hiking, and
scientific or educational study, that take
advantage of the natural amenities without
destroying them.

3. Agricultural activities which occur within prime
and unique soil areas (Lake Erie coastal zone
only).

Medium Priority Activities

1. Uses that cause minimal disturbance of
ecosystems but which are supported by natural
settings; for example, parks with picnic areas,
ponds, trails, and limited parking.

2. Limited development activity, such as boat
launches and other recreation facilities in
cases where the developed portions are on those
margins of the natural area most suited to
development.

3. Utility and communication rights-of-way are
acceptable only in cases where restoration of
land to natural conditions can be successfully
carried out, or where rights-of-way incorporate
active recreation activities such as trails.

11-3-5

4. Agricultural activities which occur in areas not
characterized by prime and unique soils (Lake
Erie coastal zone only).

Low Priority Activities

1. Any intensive development activity which will
cause widepsread, irreversible destruction of
natural ecosystems. This includes any
development activity which involves the removal
or alteration of wildlife habitat and terrain,
the draining, dredging, or filling of wetland
areas, and the deterioration of stream or
coastal water quality.

Priority of Uses in Development Opportunity Areas Developable
lands, fully s@_rved_with urban infrastructure, can be 4sed to
satisfy many essential purposese development of new manufacturing
plants, siting facilities of regional benefit and national
interest, and considering, when appropriate, public access to the
coastal waters. The goal is to attract uses to these areas that
create jobs and enlarge the tax base, while at the same time
improving the visual character of the shoreline by upgrading
vacant and under-utilized lands. High priority should be given
to those uses requiring-large volumes of water or access to the
marine channel.

High Priority Activities

1. Development, expansiono or upgrading of the
ports cargo handling capabilities to meet both
current and future demands.

2. Such high impact uses as petroleum refining and
dredge spoil disposal may be located in
pertinent development opportunity GAPC
continguous with existing refineries or disposal
sites, provided a permit is received from the
Department of Environmental Resources. special
care should be 'exercised to ensure that spoil
disposal areas can be reclaimed and used for
necessary, river-related activities (Development
Estuary coastal zone).

3. Activities that upgrade the efficiency of
highways and railroads that are conduits for
goods delivered to the port.

4. Development of new manufacturing facilities
considering, when appropriate, public access to
the coastal waters. The public access use in
industrial areas could occur during nonworking
hours.

11-3-6

5. Provision of expanded government services to
manufacturers already located within Development
Opportunity Areas to make the area more
attractive to manfacturing and stop the trend of
relocations outside of the coastal zone.

6. Development activities which occur a safe
distance back from critically eroding shorefront
areas (Lake Erie coastal zone only).

medium Priority Activities

1. Development of commercial, warehousing, and
wholesale activities, preferably designed to
offer public access to the waterfront on
weekends.

2. Residential or "mixed use" developments at the
waterfront especially when public access is
provided.

3. Development of marinas, boat launches and
fishing piers and safe viewing areas. These
facilities can be successfully incorporated into
the $$working waterfront" without increasing use
conflicts.

Low Priority Activities

1. Solid waste disposal on public and nonindustrial
private lands is low priority. Such disposal is
acceptable on industrial lands when strict
environmental safeguards are used.

2. Any development which jeopardizes the quality of
life in adjacent communities by increasing
noise, traffic, and odor should be carefully
scrutinized.

3. Construction of shorefront facilities within
erosion hazard areas.

Priority of Uses in Areas of Significant Recreational, Historic,
or Cultural Value - These areas have significant social value to
citizens as a resource for recreational and cultural activities
associated with the river and port. The goal of the coastal
program should be to protect, maintain, or restore these areas,
which include several existing State, county and local parks.

High Priority Activities

1. Activities that maintain or increase the
resource value of these GAPC such as better
access and walkways, increased parking, improved

11-3-7

security, new park equipment, public boat
launches, landscaping, etc.

2. Activities which provide financial support.-
e.g., subsidies, public acquisition, or fund
raising.

3. For lands in private ownership, acquisition of
easements that permit access to the shoreline
should be encouraged.

Medium Priority Activities

1. commercial activities of limited extent
supporting recreational activities.

2. Residential development which helps to upgrade
the character of these GAPC and which furnishes
recreational opportunities otherwise not
provided to residents in adjacent neighborhoods.

3. Seasonal residential development which does not
degrade the aesthetic appeal of the coastline,
and which does noz preclude recreation access to
the lake waters (Lake Erie coastal zone).

Low Priority Activities

contribute to the cultural, recreational or
1. Development, public or private, which fails to

historic activities in the area.

overlap Areas Constitute A Special Case - They contain valuable
natural amenities as well as offer a good climate for
development. since they offer the opportunity for different
types of uses and their ultimate use will be largely determined
by ownership, a listing of priority of uses would be of little
utility. Therefore, the management program encourages uses which
recognize the dual potential of the area and are not mutually
exclusive of either.

Inventory of Nominated GAPC

The following section contains a list of the 65 GAPC identified
during the development of the Coastal Zone Management Program.
Maps indicating the approximate locations of the GAPC are
included in Part II, Chapter 1 of this document.

11-3-8

Delaware Estuary Coastal Zone

Delaware County GAPC

Approx.
Identification No. Natural Value Areas Size (Acresl

NV-1 Little Tinicum Island 103

Development 02portunity Areas

DO-1 Chester Terminal Area 77
DO-2 Chester Waterfront 227
DO-3 Baldwin Industrial Park 64
DO-4 Eddystone Waterfront 85
DO-5 Airport Area 250

Recreational, Cultural, Historic Value Areas

R-1 McClure Park .5
R-2 Commodore Barry Bridge Area 10
R-3 Chester creek Mouth 5
R-4 Essington Waterfront 84
R-@ Folcroft Landfill 41

Philadelphia County GAPC

Natural Value Areas

NV-2 Pennypack Creek 50
NV-3 Poquessing Creek 14

Development opportunity Areas

DO-6 Walt Whitman Bridge Area 400
DO-7 Washington Avenue Area 170
DO-8 North Center City Area 70
DO-9 Port Richmond 245
DO-10 Cottman Avenue Area 145

Recreational, Cultural, Historic Value Areas

R-6 Fort Mifflin 25
R-7 Schuylkill River Park 50
R-8 Penn Treaty Park 2
R-9 Mouth of Pennypack Creek 180
R-10 Pleasant Hill Park 27

Overlap Areas

OV-1 Penn's Landing 38

11-3-9

Bucks County GAPC

Approx.
Identification No. Natural Value Areas Size tAcres)

NV-4 Biddle-Andalusia Area 140
NV-5 street Road Area 16

Development OpPortunity Areas

DO-11 Burlington-Briszol Bridge 340
Area
DO-12 Turkey Hill - Van Sciver 2sO46
Area
DO-13 Fairless Works Area 511
DO-14 Money Island Area 566

Recreation, Cultural, Historic Value Areas

R-11 Biddle Estate 88
R-12 Bucks County.Delaware 8
River Access Area
R-13 Columbus County Club 19
R-14 Philadelphia Gun club 1@
R-15 Neshaminy State Park 356
R-16 creekroad-South 26
R-17 Riverside Avenue Redevelopment
Area
R-18 Radcliff Street 78
R-19 Pennsylvania Canal 80
R-20 Bordentown Road Causeway 62
R-21 Pennsbury Manor State Park 40
R-22 Falls Township River Access 16
Area

Overlap Areas

OV-2 Linton Avenue - River Road 82
OV-3 Martins Creek - Van Sciver 116
OV-4 Money island 448
OV-5 Fordmill Road 90
OV-6 Biles Island 600

Lake Erie Coastal Zone

Western Study Area GAPC

Approx.
identification No. Natural Value Areas Size-(Acres)

NV-1 Lake Erie Bluff -
NV-2 Crooked Creek Stream 275
Corridor

11-3-10

Nv-3 Girard And Fairview 1,400
Township Prime Agricultural
Lands
Nv-4 Trout Run Stream Corridor 90

Development Opportunity Areas

DO-1 United States Steel Site 2,100
DO-2 Pennsylvania Electric Site 550

Recreational, Cultural and Historic Value Areas

R-1 Raccoon Creek Stream 300
corridor
R-2 Elk Creek Estuary Site 320
R-3 Lake Erie Community Park ill
R-4 Walnut Creek Access Area 40

Central Study Area GAPC

Natural Value Areas

NV-1 Lake Erie - Presque Isle.
Bay Bluff

Recreational,-Cultural and Historic Value Areas

R-5 Scott Park, Sommerheim Park 108
R-6 Presque Isle State Park 3,250

Overlap Area

OV-1 Presque Isle Bay 400
OV-2 Port.of Erie and Waterfront 825
Area

Eastern Study Area GAPC

Approx.
identification No. Natural Value Areas Size (Acres)

NV-1 Lake Erie Bluff -
NV-5 Harborcreek and North East 21,000
Township Prime and Unique
Agricultural Land

Recreational, Cultural and Historic Value Areas

R-7 Sixmile Access Area 75
R-8 Shades Beach County Park 50
R-9 Twentymile Creek Access 75
Area

11-3-11

Process for Future Nomination of GAPC

During the development phase of the Coastal Zone Management
Program, the local steering committees and consultants assisted
the Pennsylvania Department of Environmental Resources in the
identification of GAPC. Proposals were reviewed by citizens,
local officials and shorefront property owners at public
meetings. Many modifications and changes were made to GAPC, in
both coastal zones, based on input received from interested
participants.

In the future, GAPC may be nominated by any individual, group, or
agency. Nominations will be accepted by each coastal zone
steering committee throughout the year.

Areas nominated should be identified as:

1. Areas of significant natural value,

2. Development opportunity areas,

3. Areas of significant recreational, bistoric, or
cultural value, or

4. overlap areas.
r
Each nomination should include information on location, size,
ownership and particular significance. If possible, nominations
should be accompanied by recommended priorities for future use,
although this may not always be possible.

Following discussion, the local coastal zone steering committee
will transmit 'nominations, along with recommendations and
documentation of support or nonsupport, to the Coastal Zone
Management Branch, in Harrisburg. Once each year nominations
will be reviewed by the statewide Coastal Zone Advisory
committee; and if approved, the nominated GAPC will be added to
(or removed from) the State Coastal Zone Management Program.

Areas for Preservation or Restoration

The Coastal Zone Management Act requires that procedures be
devised to designate specific areas "for the purpose of
preserving or restoring them for their conservation,
recreational, ecological or aesthetic values"
(Section 306(c)(9)). The management program must establish
criteria for designating these ."Areas for Preservation or
Restoration"S so that as the program is implemented "special
attention" can be focused on these areas.

Areas for Preservation or Restoration (APR) are a special type of
GAPC. They will receive special management attention because of
their natural resource value. Nomination and designation of APR

11-3-12

will occur simultaneously with nomination and designation of
GAPC. To qualify as an APR, two conditions must be met:

1. The site must be currently available or capable of
being made available for public use, recognizing that
use restrictions or regulations may be necessary to
preserve the natural character of the site. Private
lands without public access cannot be designated as
APR.

2. The site must have value, or potential value when
restored, as a natural resource area supporting viable
plant and animal communities. APR are intended to
serve primarily as wildlife preserves, as waterfowl
nesting and breeding grounds, and for such passive
recreation as hiking, bird-watching and scientific
study.

Examples of areas along the Delaware Estuary which satisfy these
three criteria for APR designation include Little Tinicum Island
and the mouth of the Pennypack Creek.

Examples of areas in the Lake Erie coastal zone which satisfy the
criteria for APR designation include: portions of 'the Lake Erie
bluff, the stream corridors which have cut deep gorge's into the
landscape (Crooked Creek and Trout Run), areas providing access
to the lake (Raccoon Creek stream corridor, Elk Creek Estuary
site, Walnut Creek access area, Sixmile Creek access area, and
Twentymile Creek access area), and Presque Isle State Park.

In the future, additional APR may be "designated" or "nominated"
through the process described previously for GAPC. Local
proposals will be forwarded by the steering committee to the
State with recommendations. APR will only be added (or removed)
once each year.

The degree of special attention that can be devoted to APR will
depend in part on the amount of financial support that
Pennsylvania receives from the U.S. Department of Commerce during
the implementation phase of the Coastal Zone Management Program.
other funding agencies should consider adjusting priorities and
capital improvement programs to assist in the support of the
areas identified as APR.

Excluded Federal Lands of Potential State Interest

Tinicum March (Delaware and Philadelphia Co unties) - 1,200 acres

Fort Mifflin Disposal Area (Philadelphia County) - 420 acres

Mustin Field (Philadelphia County) - 175 acres

Frankford Arsenal (Philadelphia County) - 150 acres

11-3-13

A map identifying these major excluded Federal lands is located
in Chapter 1 (see Figure i-3).

These areas will have a major influence on surrounding coastal
uses. Although significant, these areas cannot be nominated or
designated as GAPC because of the "Excluded Federal Lands"
provision of the Coastal Zone Management Act. Further discussion
of Excluded Federal Lands is found in Chapter 1.

USES OF REGIONAL BENEFIT

Section 306(e)(2) of the Federal Coastal Zone Management Act of
1972, as amended, requires that a state make provision within its
coastal Zone Management Program to assure that local government
regulations do not unreasonably restrict or exclude land and
water uses of regional benefit. The initial step of this
requirement is identification of those uses which are determined
to be of regional benefit. once determined, each state's Coastal
Zone Management Program must demonstrate the state's legal
authority which will assure that these activities are not
unreasonably excluded from locating in the coastal zone by local
government actions.

Use of Regional Benefit are defined as those of "greater-than-
local" concern, especially when impacts exhibit "spill over"
effects beyond the project boundary or into neighboring
jurisdictions, or when the use provides utility, a service, or a
commodity to more than one jurisdiction.

In Pennsylvania's coastal zones, uses of regional benefit include
energy facilities, water supply, waste water treatment, and
coastal recreation facilities.

1. Energy Facilities as uses of regional benefit are
defined to include facilities for:

a. Production, generation, transmission,
distribution or supply of natural or artificial
gas, electricity, or steam for the production of
light, heat, or power to or for the public for
compensation;

b. Transportion or conveyance of natural or
artificial gas, crude oil, gasoline, or
petroleum products, materials for refrigeration,
or oxygen or nitrogen, or other fluid substance
by pipeline or conduit, for the public for
compensation.

2. Water Supply and Waste Water Treatment Facilities as
uses of regional benefit are defined to include
facilities for:

11-3-14

a. Diverting, developing, pumping, impounding,
distributing, or furnishing water to or for the
public for compensation;

b. Sewage collection, treatment, or disposal for
the public for compensation.

The State can override arbitrary local exclusion of
energy facilities and water supply and waste water
treatment facilities through issuance of the Public
utility commission's certificate of public
convenience. Every application for a certificate of
public convenience shall be made to the PUC in
writing, be verified by oath or affirmation, and be in
such form and contain such information, as the PUC may
require by its regulations. A certificate of public
convenience shall be granted by order of the
Commission, only if the Commission shall find or
determine that the granting of such certificate is
necessary or proper for the service, accommodation,
convenience, or safety of the public. The Commission,
in granting such certificate, may impose such
conditions as it may deem to be just and reasonable.
In every case, the Commission shall make a finding or
determination in writing, stating whether or not its
approval is granted. Any holder of a certificate of
public convenience, shall be deemed to have waived any
and all objections to the terms and conditions of such
certificate.

For the purpose of enabling the Commission to make
such finding or determination, it shall hold such
hearings, which shall be public, and before or after
hearing, it may make such inquiries, physical
examinations, valuations, and investigations, and may
require such plans, specifications, and estimates of
cost, as it may deem necessary or proper in enabling
it to reach a finding or determination.

Finally, it is important to note that a certificate of
public convenience does not deprive the Department of
Environmental Resources of any jurisdiction, powers,
or duties vested in the Department. once the Public
Utility Commission has issued its certificate of
public convenience for energy facilities, water supply
or waste water treatment facilities, no local
jurisdiction may exclude such facility from locating
within its jurisdiction.

3. Recreational Facilities - Recreational facilities
located in the coastal zone are clearly of greater
than local concern and as such will not be arbitrarily
excluded. The Commonwealth has the ability to assure

11-3-15

that the public has sufficient recreational
opportunities by acquiring land and locating State
recreational facilities where they will provide the
greatest public benefit.

The following is a list of public and quasi-publit
agencies pertinent to the Coastal Zone Management
Program that have legislative authority to acquire
land:

Department of Environmental Resources

Department of Community Affairs

Pennsylvania Fish commission

By utilizing this power and other means discussed in
Chapter 3 of this document# in the section on
Shoreline Access, the Commonwealth may acquire any
land and locate recreation facilities regardless Of
local zoning ordinances4

Through the use of the aforementioned processes, the
coastal Zone Management Branch can assure that
recreational facilities will not be arbitrarily
excluded from the coastal zone by the action of local
governments

ENERGY FACILITY PLANNING

Introduction

Section 305(b)(8) of the 1976 Amendments to the Coastal Zone
Management Act of 1972 requires that each state must include in
its Coastal Zone Management Program, a planning process for
energy facilities likely to be located in, or which may
significantly affect the coastal zone, including a process for
anticipating and managing the impacts from such facilities. To
meet this requirement, the following four management tasks must
be addressed:

1. An identification of energy facilities which are
likely to locate in, or which may significantly affect
the coastal zone.

2. Procedures for assessing the suitability of sites for
such facilities.

3. An articulation and identification of enforceable
State policies, authorities and techniques for
managing energy facilities and their impacts4

11-3-16

4. An identification of how interested and affected
public and private parties may be involved in the
planning process. (15 CFR 923.13 (March 28, 1979)

The following sections provide an identification of energy
facilities that exist in or are likely to locate in the
Commonwealth's Delaware Estuary and Lake Erie coastal zones.
These facilities include: electric generating plants and
transmission facilities; petroleum refining, distribution and
related facilities; natural gas production and distribution
facilities; OCS support facilities; and finally, coal transport
and port facilities.

Existing Energy Facilities and Future Needs in the Delaware
Estuary Coastal Zone

Electric Generating Plants and Transmission Facilities

Existing and Proposed Facilities - The Philadelphia Electric
Company (PECO) provides electric service to the entire Delaware
Estuary coastal zone. The utility's service area extends inland
from the coastal zone to serve nearly all of Philadelphia and its
Pennsylvania' suburbs, and also runs southwestward into parts of
northeastern Maryland and York county. Utility reports show a
variety of generating technolo#es now being used to meet normal
levels of demand.'

PECO currently operates seven steam generating plants in the
Philadelphia area, of which six are located in the coastal zone.
oil,is the principal fuel for converting water to steam at
coastal zone plants, although coal is used at two units of the
Eddystone plant.

Combustion turbine facilities, which provide supplemental
capacity for peak demand periods, are located at eleven
Philadelphia area sites, eight of which are in the coastal zone.
A number of proposed actions significantly affecting PECO's
generating capacity are included in utility plans.2 These plans
indicate that retirement of oil-fired intermediate load
facilities is anticipated for the Richmond and Chester stations
by 1985, due in part to additional nuclear capacity at Salem, New
Jersey, and at the new Limerick station near Pottstown.

'Mid-Atlantic Council, Regional Reliability Council Coordinated
Bulk Power Supply Program, April, 1979, P. II-A-18 to II-A-21.
21bid, P. II-B-8; and Electric Utility Companies of Pennsylvania,
Pennsylvania Master Siting Study, Major Electric Generating
Projects, 1979-1993, Report to Pennsylvania Department of
Environmental Resources, June, 1979, p. 21-22.

11-3-17

The existing facilities and generating capabilities for the
Delaware Estuary coastal zone are summarized in the foilowing
table. While the coastal zone's contribution to PECO's capacity
is considerable, it is neavily dependent on increasingly
expensive and decreasingly reliable oil sources. (See Primary
Fuel type in Figure iii-1). In the future# the coastal zone will
provide a smaller share of PECO's capacity, and undergo some
shifting from oil to coal as a fuel source. Nevertheless,
coastal zone facilities will continue to provide the predominant
share of peaking capacity for the PECO service area.

Electric transmission lines in the coastal zone generally follow
rail and road rights-of-way, with design voltages up to 230 Xv.
Major Transmission lines cross the Delaware River in three
locations, at the Richmond and the Eddystone power stations, and
in the Marcus Hook area.3

Utilities located in Pennsylvania, and tied into regional
networks, have increased cooperation in recent years in
programming major transmission facilities (230 KV or more) within
and between their service areas. While numerous 500 KV corridors
surround the coastal zone,' these corridors do not bisect the
study area. Furthermore, utility plans indicate that major
transmission line development (230 KV or more) is not anticipated
to occur in the coastal zone during the next ten years.4

Future Facility Needs and Constraints - Based on the current
programming of facilities through 1988, generating capacity is
expected to increase slightly faster than demand, increasing the
margin of surplus capacity over demand from about 36 percent to
38 percent.

a coordinated power pool known as the Pennsylvania
PECO participates with ten other Mid-Atlantic region utilities in
-New Jersey-
Maryland Interconnection (PJMI). Based on data provided by the
PJMI planning unit and the Mid-Atlantic Area Council (MAAC), the
PJMI margin is projected to drop from the current 35 percent to
29 percent in 19885, potentially placing more reliance on
interconnection capabilities within-the pool.

Meanwhile, the PECO margin, now lower than that of the PJMI, will
be in a somewhat better-than-average position relative to the
overall pool by 1988. Furthermore, due to the substitution of
nuclear and coal-fired base-load fac@lities for oil-fired
equipment, PECO will reduce the amount of power purchased.

The prospective retirements of oil-fired equipment at the four
Philadelphia stations raises the issue of possible additional

3Mid-Atlantic Area council, op cit., Section V-A.
4Ibid, Section V-A.
sibid, p. III-A-1

11-3-18

Im dw 'M M am IGSWI

ELECTRIC GENERATING FACILITIES AND CAPABILITIES
IN THE DELAWARE ESTUARY COPSTAL ZONE

Primary Fuel
Net
Location In-Service Unit Capability-Nvg Fuel Transp.
System Station Name Unit No. Date Type Summer Winter Type Methoa Notes
P JM I Chester 5,6 1941,42 ST 124 130 06. WA Unit 45 is a "torning
Chester Citr 7 r@ T. 13 18 F02 TK unit". 5 and 6 to be
Delaware Ctly'. 8 GT 13 18 F02 TK retired, 1902.
9 GT 13 18 F02 TK
D ic 2.7 2.7 P02 TK

PJMI Crovdon GT 49 63 F02 JAIA Svmbol Codes
Bristol Twp. 12 G T 49 63 F02 T
NTA
Bucks Ctv. 21 GT 49 6-0) F 0 2 Unit Tvne:
22 (1, T 1:.9 6 3 F02 WA
31 GT 49 63 F02 i 7-4 ST - Steam Turbine
32 G T z1_9 63 F02 WA nonnuclear
41 r, T 11. Q 63 F02 TqA G T - Combustion Turb-L
42 G T 4@ 63 F02 WA IC - Internal Combust
IC'& GT penerallv use
PJIL14I Delaware 7 1953 ST 126, 128 F06 @,JA -Cor reak demand.
Philadel-ohia, 8 1953 ST 126, 128 F06 WA
D
Lennsylvania 9 GT 15 20 F02 TK Fuel TvDe:
10 GT 13 18 F02 TK
11 GT 13 18 F02 TK F06 - No. 6 Fuel Oil
12 GT 13 18 F02 TK F02 - No. 2 Fuel Oil
D IC 2.7 2.7 F02 TK BIT - Bituminous Coal

PJMI Eddvstone 1 1960 ST 301 321 BIT R7 Transnortation Method
Eddystone Boro. 2 1960 ST 334 31.--3 BIT RR
T T
Delaware Ctv. 3 1974 ST 380 380 F06 @.q.A .-TA - VIater
4 1976 ST 380 380 F06 WA TK - Truck
10 GT 13 18 F() 2 TK RP. - Rail
20 G T 13 18 F02 TK 'DL - Pinleine
30 GT 15 20 F02 TK
40 T 15 20 -pn2 TK

Source: See Footnotes
#2 and #3.

FIGURE iii-I (Cont)
ELECTRIC GENERATING FACILITIES AND CAPABILITIES
IN THE DELAT,@!ARE ESTUARY %COASTAL ZONE

Primary Fuel
Net
In-Service Unit Capability-NTd Fuel Transp.
;ystem Station Name Unit No. Date Type Summer Winter Type Methoa Notes.

PX11I Falls 1 G T 15 20 F02 TK
Falls Two. 2 G T 15 20 F02 TK
Bucks CtV. 3 GT 15 20 F02 TK

PJMI Richmond 9 1950 ST 166 175 F06 WA To be retired 1985.
Philadelphia, 12 1935 ST 10811, 115* F06 @@,TA *Deactivated, shutdown
Pennsvlvania 21 Q T 30 39 F02 TJA, status.
22 GT 30 39 F02 WA
31 GT 30 39 F02 WA
32 GT 30 39 F02 WA
41 C T 20 29 P02 14A
42 G T 20 29 F02 TJ1A
43 GT 20 29 F02 WA
44 0, T 20 20 F02 WA
51 r@T 30 39 F02 LIA
52 GT 3 0 39 F02 WA
61 r- T 3 r) 30 F02 1A
62 (1 T 30 39 F02 A
71 GT 20 29 F02 WA
72 GT 2n 29 F02 T4A
73 r, T 20 2 P Fr12 T4A
74 0, T 20 29 F02 T-Jk
81 (1 T z- 8 66- Fn2 T1A
Q1 GT 48 66 F02 WA
92 G T Z:.8 66 F02 WA
D IC 2.7 2.7 F02 !VA

Pjll.i Schuvl],ill 1 1958 ST 166 175 F06 PL "ToDDing Unit"
PhiladelDhia, 3 1938 ST, 47 51, F06 PL To be retired 1980
S_
Pennsylvania 9 1916 1 23 28 F06 PL
10 0, T 13 18 FO? TK
11 GR 15 20 F02 TK
D 1C 2.8@ 2,8 F02 TK

sit

M ALMREOW-1"onAM 'M
ELECTRIC GENERATING FACILITIES AND CAPABILITIES
IN THE DELAWARE ESTUARY COASTAL ZOYE

Primary Fuel
Net
In-Service Unit Capability-NT9 Fuel Transp.
System Station Name Unit No. Date Type Summer Winter Type Methoa Notes

PJMI Southwark 1 lq47 ST 178 188 Fn6 WA
Philadelnh.ia 2 1948 ST 178 188 Fn6 WA
Pennsylvania 3 GT 13 18 F02 TK
4 GT 13 18 F02 TK
5 f, T 13 18 F02 TK
6 GT 13 18 F02 TK
D IC 2.7 2.7 F02 TK

sitings of new coal-fired facilities in the area. However, the
use of coal at such locations has been discouraged in recent
years due to air emissions limitations. while there are now
indications that emission constraints may be modified to
accommodate national energy goals, three of the four Philadelphia
stations are further constrained by insufficient storage space
for coal. PECO officials have further indicated that, based on
transportation economics, it would probably be preferable to
locate any future coal-fired facilities near coal sources, such
as exist in central and western Pennsylvania.6 Thus, the
likelihood that coal-fired plants would be developed in the
Delaware Estuary coastal zone is further diminished.

There are no existing or proposed nuclear generating facilities
in the coastal zone, although one was once planned nearby at
Newbold Island, New Jersey. The nearest existing and proposed
plants are now twenty or more miles from the coastal zone.
Issues of proximity to population and, secondarily, limited
availability of cooling water have virtually removed the
possibility of new nuclear plants in the coastal zone.

Petroleum Refining, Distribution and Related Facilities

Existing and Proposed Facilities - Four major refineries, with a
total through-put capacity oY- 722,000 barrels per calendar
day (b/cd), are located in Pennsylvania's Delaware Estuary
coastal zone.7 The refineries and related facilities are
concentrated in two areas; the Marcus Hook riverfront (Sun oil
and BP oil Companies), and the Schuylkill River area between
downtown Philadelphia and Philadelphia international Airport
(Gulf oil and Atlantic Richfield companies). A number of
(liquid/gas) bulk storage facility operators, largely handling
petroleum-related products, are also concentrated in the
Schuylkill River area (west bank). Additional bulk storage
facilities are scattered at other.coastal zone locations, both
along the Philadelphia waterfront and in various suburban
municipalities, such as Darby, Upper Chichester and Tullytown.

Petrochemicals production represents an important oil-related
industry in the study area.8 Two coastal zone refinery operators
(Sun oil and Gulf Oil) produce a variety of petrochemicals on-

6See #5.
70il and Gas Journal, March 26, 1979; Note: "calendar day"
figures indicate average daily volume which can be sustained over
a year, with occasional shutdowns, and "throughout capacityll
indicates the volume of crude oil entering the facility to
develop, often in conjunction with other inputs, the various
product outputs.
8See New England River Basin's Commission, Factbook - onshore
Facilities Related to offshore oil and Gas Development,
Chapter 7, "Petrochemic@@Ylsll (1978 update), 76 with updates.

11-3-19

site. These chemicals include benzene, toluene and propylene,
important "primary" petrochemicals from which numerous products
are eventually derived. In addition to these two multinational
companies, a number of independent chemical companies also
produce both primary and other petrochemicals.9

Petroleum pipelines in the coastal zone are operated by
individual oil companies, including local refinery operators, and
by separate pipeline companies set up by groups of oil companies.
Most of the area's pipelines carry finished products among the
refineries, marine-import facilities, and principal storage-
distribution depots within the Delaware Valley, as well as from
such locations to more dispersed distribution points in the
larger Mid-Atlantic states market area. Crude oil pipelines are
generally confined to the individual refinery properties,
although the ARCO refinery is linked to a separate marine
facility near the airport. Pipeline alignments are most
prevalent in the Schuylkill River refinery area, they parallel
the Delaware River to Ridley and Crum Creeks, and then extend
inland to tank farm depots at Twin Oaks (on coastal zone boundary
in Upper Chichester Township) and Chelsea. Delaware River
crossings occur in the vicinity of the airport, with landfalls in
Philadelphia and Tinicum Township. There are no pipelines along
the Delaware River upstream from the Schuylkill River area.10

Due to uncertainties in future crude oil supplies a hd related
transportation/marketing needs, there are few announced plans for
the siting of significant new oil-related facilities. Three of
the four refineries have announced construction projects to
modify their facilities, but the modifications will.occur on
existing sites and through-put capacity will be increased in only
one case (Gulf Oil)." 12 13

Fufure Facility Needs and Constraints - The Pennsylvania coastal
zone refinery capacity of 722,000 b/cd represents about 70
percent of the overall (seven-refinery) capability in the
Delaware Valley, and nearly half the total capacity in the
Northeastern United Stat6s.14 Crude oil generally arrives in the
area by tanker. importation of finished products, however, has
been increasing in recent years, and there are indications that
oil-exporting nations would like to refine more crude oil at home

gWorldwide Petroleum Directory, 1978, Petroleum Publishing
Company, Tulsa, 1977.
10Delaware River Basin Commission, Petroleum Pipelines in the
Delaware River Basin (maps), 1973 with 1974 update. .
"The Philadelphia Inquirer, "ARCO Begins Construction . . .
Ma@_22_ 1979.
121bid-I "Regional: Sun Company Announced . . July 21, 1979.
13The Philadelphia Bulletin, "Gulf Slates . . July 26, 1979.
140il and Gas Journal, 2p cit., (see #1) .

11-3-20

in order to strengthen their own economies.15 offsetting that
factor is the prospect of new supplies of crude oil which may
result from outer Continental Shelf (OCS) drilling in the
Baltimore Canyon (discussed in another section of this chapter).

Pennsylvania coastal zone refineries have indicated that future
facilities will generally incorporate on-site modifications
including expansion of through-put capabilities as warranted.16
It can be noted that not all refineries would appear to have
space for any significant expansion. However, one refinery
operator has indicated that its modernization program, which
features production of fewer, more essential products using
newer, more efficient equipment, is actually freeing up space for
possible through-put expansion.17

Available literature cites land requirements of 1,000 acres or
more for the siting of major new refineries (250,000 + b/d).18
However, some industry officials indicate that the commonly cited
land requirements generally apply to "integrated" refineries,
having relatively diverse but interrelated product capabilities
(i.e., both petrochemicals and fuels). They further note that
simpler "fuel" refineries, which concentrate on gasoline and
distillates, can be sited on smaller properties.19 A recently
publicized conceptualization concerning a 175,000 b/d refinery on
a 150 acre site in Camden, New Jersey, is perhaps indicative of
the latter perspective.20

Natural Gas Production and Distribution Facilities

Existing and Proposed Facilities - Natural gas service in the
coastal zone is provided by two utilities. The Philadelphia Gas
Works (PGW), owned by the City of Philadelphia, serves all
customers in'the city. The Philadelphia Electric Company tPECO)
provides natural gas in coastal zone portions of Bucks and
Delaware Counties, as well as in most inland areas of
Philadelphia's Pennsylvania suburbs.

15Platt1s Oilgram News, 11PIRINC Criticizes (Import) Quota Plan,"
September 19, 1979, p. 5.
16Meeting with oil company representatives (Sun Oil, BP Oil,
Exxon oil), October 31, 1979; written solicitations for input,
and telephone conversations pursuant thereto, covering the four
refinery operators.
17Merril Colmery, Plant Manager, Atlantic Richfield company,
telephone conversation October 5, 1979.
18New England River Basin Commission, op cit., p. G-12.
19Meeting of October 31, 1979 (see #10).
20camden Courier Post, September 9, 1979; the article indicated
the refinery was U@ing planned by a "Houston, Texas-based
consortium of four oil companies" (they were unnamed).

11-3-21

Major facilities related to natural gas are located at three
coastal zone sites. PGW operates oil and gas manufacturing
facilities,- involving enrichment of inputs such as diesel oil or
propane, at a Passyunk Avenue site near the Schuylkill River.
The utility also uses natural gas delivered by pipeline from the
Gulf states, and operates liquefaction and vaporization
facilities to allow storage of fuel in liquid form (LNG) for
reconversion and use during peak demand periods. This process is
termed peak shaving. while PGW liquefaction equipment is located
at Passyunk Avenue, most of its storage (four billion cubic feet)
and vaporization (500 million cubic feet per day) capabilities
are located at its Richmond site, near the Delaware River. The
LNG is transported from Passyunk avenue to Richmond by truck.21

The principal PECO facility in the coastal zone, located at
Tilghman Street in Chester, blends pipeline natural gas with a
locally purchased supplemental input (methane-modulated refinery
off-gas). The utility also contracts with a refinery operator in
the area for underground storage of natural gas. PECO's LNG peak
shaving facilities are located outside the coastal zone at West
onshohocken, in Montgomery County.22 PGW has one additional gas
production facility in the coastal zone. This facility is
C

designed for the production of synthetic natural gas (SNG). This
plant is nearing completion and is located at Passyunk Avenue.
The SNG facility will manufacture natural gas irom naphtha, which
will be delivered by tanker, and piped to on-site storage tanks.
The new plant will replace the existing oil, and gas generating
facilities.23

The principle interstate pipeline facilities in the Philadelphia
area, which bring natural gas from the Gulf states and other
domestic production areas, are operated by Texas Eastern
Transmission Corporation and Transcontinental Gas Pipe Line
Corporation. Each coastal zone utility uses both suppliers. The
Texas Eastern lines are located on the inland side of the coastal
zone, while the Transcontinental lines loop the study area and
are connected with the utilities on the riverfront and inland
sides. Transcontinental's coastal zone river crossings occur at
Marcus Hook, Chester, the Walt Whitman Bridge area, and
Richmond.24

2'Frederick T. Blancard, Assistant Manager--Rates, Philadelphia
Gas Works, letter dated September 18, 1979.
22Philadelphia Electric Company, "The Organization and operation
of Gas Operations," July, 1979.
23Eugene L. Cliett, Jr., Philadelphia City Controller, letter to
R.J. Buckley, Chairman, Philadelphia Gas Commission (cover letter
for review of operations, 1976-78), dated October 8, 1979.
24Philadelphia Gas Works "Natural Gas Lines Philadelphia and
Vicinity", revised April 12, 1977; and Philadelphia Electric
Company, "Gas Service Area", N.J.

11-3-22

There are no known proposals for significant new gas lines in the
coastal zone. Texas Eastern is, however, planning a relocation
of its existing line in the vicinity of Philadeiphia National
Airport.25

Future Facility Needs and constraints - Since 1973, PECO and PGW
have experienced zero-to-negative gas sales volume growth as a
result of supply limitations. However, former sales levels are
now being partially restored, and the prospect of sales to new
customers is returning.26 27

While the outlook for gas availability has improved, there are as
yet no indications that growth rates will recover to levels
requiring significant new facilities in the coastal zone. As the
utility providing service to faster growing suburban areas, PECO
is the more likely to experience increases in demand. PECO plans
call for a continued reliance on pipeline deliveries of natural
gas, and would strengthen the utility's access to such supplies
through participation in joint venture drilling operations in
Appalachia and the Southwest.28

PGW gas sales fell to 75 percent of 1971 levels in 1976, and are
projected to recover to 83 percent of 1971 levels by 1984. PGW
has no plans for new facilities, beyond the completion of its SNG
plant.

There has, however, been some concern as to long-term
availability of naphtha for PGWIs SNG facility. As noted in
recent analysis, it was originally assumed that naphtha would be
available from a local refinery.29 However, naphtha is also used
as a base for gasoline and is now more in demand as a result of
oil shortages and price increases. PGW has been forced to
contract for imported naptha at a unspecified price, and there
are no assurances that the raw material will be available in the
future at a reasonable cost. Thus, while additional
manufacturing facilities do not appear necessary, facility
alterations or replacements may again become appropriate.

Gas production activities, such as those which are a factor in
the coastal zone, are frequently of concern from a safety
viewpoint. Energy-related materials such as naptha and LNG, as
well as natural gas itself, are highly volatile. LNG is
considered particularly dangerous, although it should be noted
that LNG peak shaving and truck transport activities do not

25Philadelphia City Council, Bill No. 2148, concerning an
easement agreement with Texas Eastern Transmission Corporation,
introduced August 2, 1979.
26F.T. Blanchard, letter, op R@it., (see #1).
27Philadelphia Electric Council, Annual Report, 1978, p. 31.
26Ibid, p. 9-11.
29E.L. Cliett, letter, g2 !ZiLt., (see #3).

11-3-23

entail the scale of risk associated with an LNG tanker import
facility. (On the other hand, these lower risk activities are
not dependent on their present coastal zone locations.) Given
the population densities in the Pennsylvania coastal zone, safety
concerns will continue to be important for any future siting of
gas production activities.

Outer Continental Shelf Support Facilities

The discovery of oil or gas in the Baltimore Canyon in
commercially developable quantities could require new facilities
in the Mid-Atlantic states capable of supporting oil and gas
development. Because such resource development would be in the
national interest, the 1976 Coastal Zone Management Act
Amendments stress the importance of considering related support
facility needs. Outer Continental Shelf activities require on-
shore bases for the fabrication, installation, maintenance and
repair of off-shore drilling platforms and pipelines, as well as
for ancillary industries, which provide items such as cement,
drilling mud, and well-head equipment, and other various products
and services necessary for platform personnel.30

During 1977, a special study, focusing on the Baltimore Canyon,
was conducted by the Pennsylvania Governor's Energy Council as a
supplement to the Pennsylvania Coastal Zone Management Program.31
The study was designed to assess the economic, political and
environmental impacts which might occur in the Delaware Estuary
coastal zone as a result of exploration or production of Outer
Continental Shelf oil and gas resources. The study was completed
early in the exploration phase, and as a result, estimating
impacts was difficult.

It is likely that prospective Outer Continental Shelf oil and gas
development support base needs, initially and perhaps in the
longer run, will be provided by e'stablished Gulf state bases.
The most competitive Mid-Atlantic sites for such bases would, in
any case, be on the Atlantic coast or in the Lower Delaware Bay.

30Various support facilities are discussed in New England River
Basin commission, Factbook - Outshore Facilities Related to
offshore oil and Gas Development, November, 1976, with periodic
updates.
3'Governor's Energy Council, Outer Continental Shelf Impact
Study, Supplement to Pennsylvania's Coastal Zone Management Plan,
November 30, 1977, 165 pp.

11-3-24

Navigational, distance and on-shore space considerations do not
make Pennsylvania locations favorable.32

While not a likely choice for an outer Continental Shelf support
base, the Pennsylvania coastal zone possesses the resources to
provide important ancillary industry support. Existing Delaware
Valley industries are capable of providing numerous materials
such as component parts, equipment and supplies necessary to
outer continental Shelf development.

Coal Related Facilities

Coal is an abundant energy resource both nationally and in the
State of Pennsylvania, and is thus being emphasized in energy and
overall economic planning at Federal and State levels. Important
coal-related facilities in the Delaware Estuary coastal zone
involve coal transportation and port activities, and coke
manufacturing.

Philadelphia has historically been an important coal exporting
port, although annual shipments have dropped below one million
tons in recent years.33 Coal is also used as fuel by several
local industries34 and is beginning to gain importance as a fuel
for electric power generation (see previous section). Whether
for export or local use, coal arrives in the Philadelphia area by
rail and is reasonably accessible to many riverfront areas.
Principal port facilities for coal are located at the Penn
Central Terminal Yard and at the Port Richmond Yard, both on the
Philadelphia waterfront. Exports of Pennsylvania coal to foreign
countries, especially to Asia, are expected to increase markedly
in the future. Facility improvements and new equipment will
become necessary as coal handling needs in the region increase.35

An additional coal-related activity in the coastal zone is coke
manufacturing, which is currently,conducted at the Philadelphia
Coke Company site in Bridesburg, near the Betsy Ross Bridge and
at the Fairless Works of U.S. Steel. The coastal zone has become

321bid, chapter 1. Also see U.S. Department of Commerce
Delaware Coastal Management Program, Energy Facilities, n.d.:
p. 30-33; and We-w- ey Department of Environmental Protection,
Energy Facility Study Issues in New Jersey's coastal Zone; staff
working paper by Helga Busemann, 1977, p. 40-61; p. 78-84.
33U.S. Army Corps of Engineers, Waterborne Commerce of the United
States, Part 1, Waterways and Harbors Atlantic Coast, annually
publis d, most recent available data for 1977. .
34Delaware Valley Regional Planning commission, Petroleum for
conversion to coal as'a Fuel in its Pennsylvania Counties of the
Philadelphia , Technical Report No. 15, 1974.
35Philadelphia City Planning Commission, letter dated April 9,
1980 and follow-up telephone conversation, April 11, 1980.

11-3-25

a less suitable location for continued or new operations of this
type due to air quality restrictions. coke production has,
however, been dropping nationally, forcing steel manufacturers to
begin importing coke in recent years.36 While a new national
interest in restoring economically viable coke production
capabilities may thus emerge, it is reasonable to expect that
modern facilities should be constructed, in less urbanized
settings than the City of Philadelphia, possibly in coal
producing regions.

Existing Energy Facilities and Future Needs in the Lake Erie
Coastal Zone

Electric Generating Plants and Transmission Facilities

Existing and Proposed Facilities - Electrical generation and
transmission facilities within the Lake Erie coastal zone and the
region immediately impacted by the coastal zone are almost wholly
provided by the Pennsylvania Electric Company (Penelec). Penelec
is controlled by the New York based General Public Utilities
corporation, which also owns the Metropolitan Edison Company and
the Jersey Central Power and Light Company. The Erie area is
linked to the Pennsylvania-New Jersey-Maryland interconnection
(PJMI), and is in turn directly connected to the New York Power
Pool, Virginia-Carolinas Pool, Allegheny Power System, and the
Central Area Power Coordination Group. Through PJMI and MAAC the
Erie region is tied to the National Electric Reliability Council
(NERC). This consideration is important because additional
generating capacity is available within the same corporate
structure and network exchange..

Because the coastal zone is not dependent upon local generation
of power, a Great Lakes Basin Commission report, Energy Facilit
Siting in the Great Lakes, concluded that no new facilities were
necessary in the Pennsylvania section of the Lake Erie coastal
zone prior to 1995 even with an assumed annual increase in
electrical energy consumption of eight percent.37 Thus, while the
Erie area is a net importer of energy, system capabilities and
transmission capacities were predicted adequate to supply the
immediate area without need for additional generation capacity.
As this planning element documents, this view is not universally
shared by the industry.

36"Coking Shortages Forcing Up Imports, Researchers Say", The
Philadelphia inquirer, November 2, 1979, p. 11-C.
37Energy Facilit Siting in the Great Lakes Coastal Zone:
Analysis and Policy options, Great Lakes Commission for the
office of Coastal Zone Management, 1977, p. 10.

11-3-26

Currently, the only significant electrical generation capacity
within the Lake Erie coastal region is provided by The
Pennsylvania Electric company. A 118.8 mw coal-fired generation
unit is located at Front Street in Erie, Pennsylvania. In
addition to producing electrical power, the facility operates a
steam heat system extending from the Front Street Station near
the foot of French Street, to as far as Eighteenth and State
Streets. Spurs radiate from this center city service area. The
system, dating back to the 1890's, is currently operating at a
loss and reduces the electric output of the Front Street plant by
20 megawatts. The Erie generation system is the last steam
system operated by Penelec. Final analyses are under way to
determine the feasibility of carrying out Pennelec's desired
system phase-out of the steam heating service.

Restoring the Erie plant to only electric generation will not
satisfy local electrical energy needs. Transmission facilities
are necessary to guarantee an adequate bulk power supply. Two
345 KV transmission lines serve the area, one brings power from
the Homer City generator in Indiana County, Pennsylvania, and one
links the PJM network into a transmission artery running from
Cleveland to Erie and with reduced capacity to Buffalo, New York.
Lesser capacity high voltage lines extend east to the hydro-
electric facility in Warren County and south to other PjM
generating capacity. In 1977, the Pennsylvania office of State
Planning and Development expressed concern that the existing high
voltage transmission system is A major limiting physical factor
within the region defined by Ashtabula County, Ohio, and Erie and
Crawford counties, Pennsylvania. These areas are concurrent with
or adjacent to the coastal zone.

Several new transmission and electrical power generation
facilities are'proposed for development on the Pennsylvania Lake
Erie coastal zone. These include an underwater, high voltage,
transmission line, a new coal-fired generation facility and a
power plant within the proposed, integrated, U.S. Steel facility.

Underwater Cable - Initial economic and technical studies have
been completed by the General Public Utilities corporation for
construction of an underwater cable-between Canada and the Erie
area. The proposed underwater transmission line would carry
1,000 megawatts of electricity. The cable would link the Erie
area to a generating plant owned by Ontario Hydro at Nanticoke.
A 1984 operational date is being proposed for this project.

The Coho Genera Station (Girard Township) - The Pennsylvania
Electric Company has announced intention to construct a
690 megawatt fossil fuel generation plant one mile west of Lake
Erie in Girard Township, Pennsylvania. Project plans require a
1,015 acre site which is currently under control of Penelec. The
plant site is bounded on the north by Lake Erie, on the east by
Elk Creek, on the west by a boundary approximately 9,000 feet
from the mouth of Elk Creek, and on the south by the existing
Erie West Substation. The plant site is divisible into three

11-3-27

segments: a 275 acre generation site on the eastern portion of
currently held lakefront property, a 545 acre solid waste
disposal plant for fly ash accumulation immediately adjacent and
south of the generation site, and a 195 acre transmission
corridor to widen the existing southward reaching 6.2 mile long
corridor to the Erie West Substation.

The Coho I Generating facility will be co-owned by Jersey Power
and Light Company (40 percent), Metropolitan Edison (20 percent)
and Penelec (40 percent). The need for the plant is based upon
certain load growth and system reliability considerations as they
pertain to the General Public Utilities system obligations to the
PJM Interconnection. The Environmental Report for Coho
Generating Station Unit I does indicate, however, full retirement
of the Erie generating facility by 1989/1990 making the Coho
facility at that time the only primary unit for electrical
generation in the Lake Erie coastal zone of Pennsylvania.3a

It is projected that construction of the Coho I generation
facility will begin in the Summer of 1983 and that the plant will
be operational by May, 1989. When fully operational, the plant
will consume three unit trains of western Pennsylvania bituminous
coal per week. Each train will include 100 cars of 100-ton
capacity each. Excellent rail accessibility to the.site already
exists.

Coho is being designed to produce a 690 MW gross capacity, which
will be diminished by 65 MW for on-site use, leaving a 625 MW net
system resource capability for the 40-year design-life of the
facility. Two 345 KV transmission lines will link the generation
plant to the existing PJM grid. The Pennsylvania Electric
Company provides electric service at wholesale rates to 13 rural
electric distribution co-opst and also provides six
municipalities, and four small investor-owned utilities. In
1977, this wholesale demand amounted to approximately five
percent of Penelec's electric revenues. Load requirements for
the PJM system currently show nearly equal summer-winter peaks
suggesting a steady generation need.

The U.S. Steel Plant (Springfield Township) - To meet plant power
demands, an on-site power plant fired by coal, blast furnace gas
and recovered Q-BUP off-gas will be built and supplemented by
outside energy sources. The system will include two 50 megawatts
turbine generators and will provide approximately 25 percent of
the electrical energy required by the lakefront plant. First
phase development will include a 50 megawatt power station using
three coal-fired boilers. A second 50 megawatt power station and
two additional boilers are to be added in the second phase.
Electrical energy produced by the U.S. Steel power plant will be

38Environmental Report for Coho Generating Station Unit 1,
Volume I, General Public '5-tiliTi-es Corporation, 1979, p. 1-42.

11-3-28

used as the primary source for the power generation auxiliary
equipment, and for the main pumphouse. Also, emergency backup
power to the blast furnaces will be provided from this source.
The 13.8 kilowatt power output will be stepped up to 138 KV and
tied into the plant's sub-transmission system. All additional
electrical needs will be purchased from a local electric utility
company.39 A bulk substation located in the southwest corner of
the plant site (Conneaut Township, Ashtabula County, Ohio) will
receive electrical power from the utility company at 345 KV.
Substation transformers will step the voltage down to 138 KV
before being linked to the internal sub-transmission of the
plant.40

The U.S. Steel energy generation will be controlled for
particulate and sulfur dioxide emissions. Particulates will be
removed by the use of electrostatic precipitators while sulfur
dioxide will be controlled either by use of low sulphur content
coal or operation of a flue gas desulfurization system. Solid
waste including fly ash will be hauled to designated on-site
waste disposal areas.

Future Facility Veeds and Constraints - in the immediate future,
it appears that the forces of energy facility siting will
outweigh any considerations for nonsiting in the Lake Erie
coastal zone. Siting of any facility will be subject to the
process of the Public Utility commission and performance
standards applied by the Department of Environmental Resources
executing laws of the Commonwealth.

Petroleum Refining, Distribution and Related Facilities

Except for a very limited storage and transmission capability,
the Lake Erie coastal zone of Pennsylvania is void of petroleum
related facilities. Currentlys two cribs in Fairfield Township
allow for off shore unloading of refined petroleum products. The
docking area at the foot of Cascade Street in Erie similarly
contains facilities for unloading and storing refined petroleum
products. No plans exist to expand these facilities.

The new U.S. Steel Mill anticipates import of fuel oil for use as
a supplemental fuel for the strip mill, plate mill, slab
reheating furnances, and as a backup fuel for the lime plant and
the sinter plant. The fuel will be stored in diked, above
ground, unpressurized, steel tanks on the plant site.

39"Draft Environmental Impact Statement. Permit Application by
United States Steel Corporation Proposed Lake Front Steel Mill",
Conneaut, Ohio; Volume I (U.S. Army Corps of Engineers, Buffalo
District, 1979), Section 1.223, p. 1-131.
4OIbid, Section 1.225, p. 1-132.

11-3-29

It is not anticipated that petroleum refining, distribution or
related activities will constitute significant impacts on Lake
Erie coastal zone. Currently, there are no plans to locate or
develop offshore oil resources from Lake Erie.

Natural Gas Production and Distribution Facilities

Natural gas is stored in two storage fields in Erie County, one
of which is in Summit Township. Small amounts of natural gas
have been produced in the vicinity of the coastal area. Gas
reserves occur in shallow and deep gas fields throughout the
region including beneath the waters of Lake Erie.

off-Shore Gas Developments - In 1957, the Pennsylvania Department
of Forests and Waters (now included within the Department of
Environmental Resources) leased -for off-shore exploration, two
physically separated blocks of submerged land totaling 36,000
acres. The lease holder, New York State Natural Gas (Pittsburgh,
Pennsylvania) was unable to identify a commercially productive
well on either of their leased tracts. After a decade of
sporadic interest, Pennsylvania again in 1967 offered land for
lease purchase to Ranger oil Company (Alberta, Canada) and Pan
American Petroleum (Fort Worth, Texas). A total acreage of
20,000 acres adjacent to the Canadian border was involved in the
leasing. Actual exploration never got underway. A 1968
moratorium placed on all search activities by Pennsylvania
Governor Raymond Shaefer, because of public outcry over the Santa
Barbara oil spill in California, prevented any exploration in the
lake. Attempts to lift the moratorium faced considerable
resistence despite a demonstrated capability of exploration and
production on the Canadian side of Lake Erie, in-depth analyses
which indicated no significant environmental threat, and
rec'ommendations through the Governor's Energy Council to lift the
moratorium. During the administration of Governor Shapp, the
moratorium on off-shore drilling was allowed to expire. This
action was in part due to the decreasing availability of natural
gas, increasing costs of natural gas, and the overall national
drive towards energy self-sufficiency.

In late 1978i the Argonne National Laboratory submitted to the
U.S. Army Corps of Engineers and the U.S. Environmental
Protection Agency a phase I study of the issues related to U.S.
Lake Erie natural gas development.41 Before drilling permits will
@e issued, a Phase II study including a draft environmental
impact statement will need to be completed.

4'An Examination of Issues Related to U.S. Lake Erie Natural Gas
Development, Prepared by the Argonne National Laboratory
(Argonne, Illinois) for the U.S. Army Corps of Engineers and the
U.S. Environmental Protection Agency (September, 1978), 194 pp.

11-3-30

Several concerns of immediate coastal zone relevance raised by
off-shore drilling include:

1. Development of support services facilities.

2. Disposal of muds containing chemical agents, toxic
substances, and cuttings.

3. Shoreline placement of pipelines from wells.

4. Facility failures resultant from maintenance of
shipping and fishing activities on the lake.

5. Possible risks to drinking water.

6., Impacts on Lake Erie fisheries.

It is highly probable that off-shore natural gas exploration and
production will occur in the future due to the national goal of
energy self-sufficiency. Through existing State legislation, the
Coastal Energy Impact Program, and the Department of
Environmental Resources environmental protection regulations for
the prevention of the deterioration of air and water quality by
ensuring through permitting and monitoring that the State
standards are followed and negative impacts to the coastal zone
will be prevented.

On 'Shore Natural Gas Developments - Considerable on-shore
a-rillin-ghas occurred within the Lake Erie coastal zone.
Currently, exploration is most obvious within the eastern study
area of the coastal zone. As of the end of 1979, approximately
200 deep gas wells were operating within this area. The National
Fuel Gas Company is actively purchasing much of this production.
The Columbia Gas Company also has expressed interest in acquiring
this gas production. The current production is taking place in
conjunction with existing land use with minimal perceived
negative impact.

In 1979, an exploratory gas well was drilled on Presque Isle with
the backing of the Department of Environmental Resources and the
U.S. Department of Energy. The success of this and other private
ventures has encouraged numerous businesses to share the cost of
a study to determine the best places for drilling wells for
natural gas along the bay front of the City of Erie. Among those
corporations supporting this venture are Erie Sand and Gravel
Company, E�ie Reduction, the GAF Corporation, Pennsylvania
Electric Company, Koppers and Erie Western Pennsylvania Port
Authority. The study to be done by the Monsanto Corporation
under exclusive contract to the U.S. Department of Energy will,
hopefully, result in gas wells for use by some city operations,
particularly the water and sewer bureaus.

Although there are no plans for manufacturing oil, gas or
snythetic natural gas from naphtha, there are definite plans to

11-3-31

expand the exploration of the Oriskany strata for reserves of
natural gas. These reserves will be consumed, in part, in situ;
and in part, will be linked to the existing supply network. No
long term adverse affects on the landscape are anticipated from
such operations.

Coal Transport and Port Facilities

Coal remains the principal industrial energy source for the
region. Supplies of coal are shipped to the area by rail and
truck. Given the relatively high sulphur content of
Pennsylvania's bituminous coal supplies, new sources in the
western states are being considered. Although no lake shipping
of any consequence has been involved in the coal traffic to the
area., it is conceivable that water carried coal import could-
occur in the future. Currently, rail transportation
predominates.

The existing facilities include truck transported coal for the
Penelec Generator in Erie and rail transported coal for Koppers,
Hammermill and other large manufacturers in the coastal zone.
The new U.S. Steel mill and the Coho I generating plant will be
supplied by rail. Adjacent to the proposed steel facility in the
State of Ohio is an existing coal export facility.

The chief drawback to coal use in the Lake Erie coastal zone is
the control technology necessary to maintain air quality
standards. The cumulative impact of coal-fired emmissions
hinders planning for and siting of other energy producing or
energy dependent facilities within the coastal zone. Recent
relaxation (1979) of the sulfur emmission regulations within the
Eri*e Air Basin could have a deleterious effect on the region,
which is more significant than the fuel advantages generated.
The Coho I plant will be designed to meet the most stringent
Federal New Source Performance Standards rather than the relaxed
local standards.42

Procedures for Assessing Suitability of Sites

Legal Mechanisms - Through tne Public Utility Code's Certificate
of Public Convenience, an energy facility may be located where
there is a demonstrated need for the utility. This process
states that the PUC will issue a certificate only when it finds
or determines that the granting of such certificate is necessary
or proper for the service, accommodation, convenience or safety
of the public. To assist the PUC in making the finding or
determination, it will hold public hearings and investigations

42Environmental Report for COHO Generating Station Unit I,
Volume I, General Public U-tiliTI-es Corporations, 1979, p. 2-52.

11-3-32

(the process is discussed in more detail in Chapter 3 under Uses
of Regional Benefit). once this certificate is awarded to the
utility, it may exercise the power of eminent domain and acquire
the land for development. The utility is then exempt from local
zoning. At this point, the utility will usually start to acquire
and analyze environmental data including air and water quality
studies. when sufficient data has been collected, preliminary
engineering studies will be completed, and the utility will apply
for the necessary Department of Environmental Resources
environmental protection permits. This application is made
through the existing permit process discussed in Chapter 4,
Permit Monitoring.

When all of these environmental protection permits are acquired
(see Chapter 2, Coastal Policy Framework, Energy Facility Siting)
and any potential conflicts are resolved through the public
hearing process used by the Environmental Hearing Board, the
utility will begin construction of the facility. This process
from initial site acquisition to plant completion may take as
long as 10 to 12 years.

Administrative Mechanisms - because the energy facility siting
process requires a great deal of lead time and prompt energy
facility siting decisions are important in helping Pennsylvania
and the Nation meet future energy needs, the Coastal Zone
Management Branch will work closely with local governments to
identify suitable sites for energy development, thus reducing the
lead time presently required to develop energy facilities. At
the request of local governments, the Coastal Zone Management
Branch will assist them in identifying energy sites that are
environmentally safe, satisfactory to the community, and
potentially useful to the utility. The following administrative
process for assessing site suitability based on the GAPC concept
will be utilized. Site suitability for a wide variety of uses
has been explored for each class of nominated GAPC. As a result
of this exploration, the following decisions were arrived at:
GAPC nominated as (1) areas of significant natural value, or
(2) areas of significant recreational, historic or cultural
value, are not appropriate for future development or expansion of
energy facilities, while GAPC nominated as development
opportunity areas will be given high priority for energy facility
siting. By local identification of potential sites for energy
facilities, the process for issuing certificates of public
convenience will be expedited and will be less likely challenged.

Within the Delaware Estuary coastal zone, energy activities
should be developed at, or immediately adjacent, to existing
energy facilities. In the Lake Erie coastal zone, new sites will
be required.

As the previous section on Petroleum Refining (Delaware Estuary)
indicates, on-site modifications and expansions are already
underway or planned at existing locations. Peaking capacity has
historically been added on the site of base load electric

11-3-33

generating facilities. Similar strategies are appropriate for
other types of energy facilities, as long as sufficient space for
expansion is available. Practical considerations have, to an
extent, forced this approach in the densely developed Delaware
River waterfront area, but such a strategy would minimize impacts
in both coastal zones.

In cases where existing sites are not suitable for expansion,
those GAPC nominated as' Development Opportunity Areas would be
most appropriate for new or expanded energy facilities. Each
Development opportunity Area has been selected as a GAPC because
of the potential to "serve regional, State or national economic
interest". (See Criteria for Nominated GAPCj Chapter 3).

Specifically, GAPC classified as Development Opportunity Areas
have already been accorded high priority for such uses as
petroleum refining and electrical energy generation. (See
section on Priority of Uses in GAPC, Chapter 3).

Within the Delaware Estuary coastal zone, 14 areas have been
identified as Development opportunity Areas. While each one is
not capable of supporting every type of future energy use, more
than enough land has been identified to accommodate the
relatively limited amount of energy expansion forecast earlier in
this section.

In the Lake Erie coastal zone, two Development Opportunity Areas
have been nominated. DO-1 is the 2,100 acre portion of the U.S.
steel property inside the coastal zone boundary. Availability of
water, port facilities, rail access and highway connections were
all considerations in the nomination of these areas. DO-2, the
Pennsylvania Electric Company site, was also nominated as a
Development Opportunity'Area. on this site, Penelec intends to
construct a 690 megawatt electric generating plant.

in any area selected for new or expanded energy facilities,
whether an existing site, GAPC or newly-identified location, the
facility must conform to the State's existing regulatory and
permit structure. The Department of Environmental Resources acts
for the commonwealth and ensures that all energy facilities are
located in an environmentally responsible manner by issuing
permits. These permits are listed in Chapter 2 under Authorities
for Energy Facility Siting.

Enforceable Policies and Authorities for Managing Energy
Facilities

Coastal Zone Management development and approval- provisions
require coastal states to articulate coastal zone management
policies, authorities and techniques for managing energy
facilities and their impacts.

11-3-34

Pennsylvania's Coastal Zone Management policies and authorities
pertinent to energy facility management are presented in detail
in Chapter 2, Policies VIII-1 through VIII-4, of this document.
These policies are based on legislative authority and on adopted
rules and regulations of the Department of Environmental
Resources and the Public Utility Commission. Because of this
reliance on existing authorities and regulations, the energy
facility management technique utilizes the concept of networking
(which is described in chapter 4 of this document) to implement
the policies and to ensure that future energy facility siting or
development occurs in a manner consistent with these policies.
The key part of this strategy will be the Coastal Zone Management
Branch review of all energy projects requiring the Department of
Environmental Resources environmental protection permits. All
energy facility development requires Department permits for both
construction and operation.

Through the permit review process described in Chapter 4, the
Coastal Zone Management Branch will possess a mechanism that will
enable review of all energy facility development proposals that
will affect the coastal zone.

Involvement of Interested Public and Private Parties

The siting of energy facilities in the Commonwealth is open to
all public and private interests. opportunities for involvement
are available during initial site selection (PUC Certificate of
Public Convenience Process), environmental permit review (Permit
Monitoring Review Process), and after permit issuance
(Environmental Hearing Board appeals process). All of these
processes and the entry points for involvement in the decision
making process by public and private interests are discussed in
detail in Chapters 4 and 5.

In addition to the mechanisms traditionally available to the
public new avenues for participation in the siting of energy
facilities have been opened through the establishment of local
Coastal Zone Steering Committees and the Coastal Zone Advisory
committee. citizens and interest groups may make their views on
siting issues known by:

1. Attending local Coastal Zone Steering Committee
meetings.

2. Contacting local officials who participate in coastal
zone meetings.

3. Contacting the county (or city) planning commission,
which has a permanent seat on the Steering Committee.

4. Contacting the Coastal Zone Management Branch
directly.

11-3-35

5. Appearing before the Coastal Zone Advisory Committee,
in Harrisburg.

These new avenues for public participation, established by the
Coastal Zone Management Program, are essentially two-way streets.
Not only can citizens make their views known through the
mechanisms described above, but the various State agencies
forming the Coastal Zone Advisory Committee can solicit input and
ideas from a variety of sources. Early involvement by the
Coastal zone Advisory committee and early notification of
interested participants is the most critical concern.

SHOREFRONT ACCESS AND PROTECTION PLANNING

Requirements

To fulfill the requirements of subsection 305(b)(7) of the 1976
amendments to the Coastal Zone Management Act of 1972,
Pennsylvania's Coastal Zone Management Program must include a
planning process that identifies public shorefront areas
appropriate for increased access and/or protection.

There are three elements which must be included in the shorefront
access and protection planning process:

1. A procedure for assessing public beaches and other
public areas . . . which require access or protection,
and a description of appropriate types of action.

2. A definition of the term "beach" and an
identification of public areas meeting that
definition.

3. An identification and d escription of enforceable
policies, legal authorities, funding programs and
other techniques that will be used to provide
shorefront access and protection. 15 CFR 923.24
(March 26, 1979)

Introduction

Although the issue of the public's right to use the Nation's
shorelines has been with us for centuries, it has become a much
more pressing problem in recent years. Throughout the United
States, the demand for shoreline recreation areas is increasing
while the supply of land available for public recreation use is
diminishing. There are a number of factors involved in this
growing demand/supply imbalance. A basic factor is simply the
large number of people living in close proximity to shoreline
areas. It is estimated that one-half of the Nation1s population
lives in counties bordering our oceans and the Great Lakes. With

11-3-36

increased leisu-re time and mobility, this growing population has
created an intense demand for shoreline recreation. However, At
the same time, land previously avaiiable to the public is being
fenced off for private development of second homes and resorts*
industrial and commercial facilities. Thus, access to the
waterfront is becoming increasingly limited.

Riparian ownership in Pennsylvania

In the Lake Erie coastal zone, differences in water level are
dependent on hydrologic variables over the entire basin and
produce changes of levels amounting to less than two feet per
year, with extremes of record indicating a range of not more than
five feet since 1860. Therefore, the shoreline of Lake Erie is
fairly constant over time except with variations produced by
extreme water level changes and shoreline erosion. The
Commonwealth of P 'ennsylvania holds title to the land beneath Lake
Erie in trust forthe people of the Commonwealth.

When Pennsylvania was an English colony title to the Delaware
River and its bed was vested in the British Crown. Following the
American Revolution and the Treaty of September 3, 1783, all
rights and sovereignty of Great Britain passed to the states.
Because the Delaware River was a navigable coterminous stream
between New Jersey and Pennsylvania, the title to the bed of the
river extended from its respective shore to the center of the
river. The CommonwealthIs title on the shore of the Delaware
extends to the ordinary low water mark. Such mark is defined as
the height of water at ordinary stages of low water unaffected by
drought or artificial means.

There is very real need for the Commonwealth, acting in concert
with local authorities and utilizing the assistance of the
Federal government, to deal with the access problem. It is the
intent of the Commonwealth to work diligently with local
governments to provide a planning process, whereby additional
access can be guaranteed through restoration, acquisition, and
development of lands in the coastal.zone.

Definition of the Term "Beach" and Identification of Public Areas
Meeting that Definition

The deposits of sand and gravel that cover the shore in many
places are known as beaches. Although they appear stable under
conditions of small waves, beaches are eroded so rapidly when
attacked by heavy surf and storm waves that they may change their
character in a few hours.

For many years Douglas W. Johnson's Shore Processes and Shoreline
Development (1919) was the only text book related to beaches, but
in recent years this has been supplemented with other works. The
term beach, according to Johnson "is a deposit of material which

11-3-37

is in more or less active transit along shore or on-and-off
shore 11.43

Most authors dealing with the geomorphic aspects of coasts
generally define beach in similar terms all denoting action or
transition. For purposes of the Coastal Zone Management Programt
Pennsylvania has defined "beach" as:

The zone of unconsolidated material extending landward from
the mean low waterline to the place where there is a change
in material or physiographic form as, for example, the zone
of permanent vegetation, or a cliff. The upper limit of the
beach usually marks the effective limit of storm waves.44

Lake Erie Coastal Zone - Pennsylvania's most outstanding beaches
are found at Presque Isle State Park in Erie County. Presque
Isle State Park is located on a compound, recurved, sand spit
which forms a bay of seven square miles and shelters one of the
best natural harbors on the Great Lakes. The sand spit is highly
susceptible to storm waves, especially at the long connecting
neck", and erosion has been fought by the Commonwealth and the
U.S. Army Corps of Engineers since 1810. The peninsula is
approximately seven miles long and covers about 3,200 acres.
(See map of Lake Erie coastal zone, Chapter 2) The state park
plays host to over three million visitors annually.

The rest of the Lake Erie coastline consists mainly of bluffs
varying from 10 to 170 feet high. Beach formation at the base of
the bluffs is marginal, because of the lack of availability of
materials in the littoral transport system. Therefore, beaches
east and west , of Presque Isle tend to be narrow and
discontinuous. Accumulations there tend to be pocket beaches or
accumulations of sand associated with stream mouths.

No significant privately owned beaches exist in the Lake Erie
coastal zone. Public areas which meet the definition include:
Raccoon Creek County Park, Eagley Park, Presque Isle State Park,
and Shades Beach County Park.

There are additional public areas where there is marginal
accumulations of sand, but use of the beach in the traditional
sense is limited or discouraged.

The list of publicly owned beach areas is not likely to be
enlarged because of volume of sediment deposited is small and is
constantly redistributed by erosion processes.

43Johnson, Douglas, Wilson, Shore Processes and DeveloLmentg New
York, Hefner Publishing Company, 1965, facsimile of the 1919
edition.
44Sheppard, Francis P., Submarine Geology, Harper and Row, New
York, New York; Second edition, 1963.

11-3-38

Private ownership of the shore of Lake Erie limits access by the
general public. Pennsylvania Route 5 parallels the coast both
east and west of the city of Erie. ownership lakeward of the
road follows the St. Lawrence River Valley ownership pattern with
narrow, deep lots connecting the road with the shore. In many
locations, the lake is not visible or accessible due to this
development pattern. similarly, the stream valleys have tended
toward private ownership excluding the general public in the
majority of cases.

In addition to Presque Isle State Park and State owned historic
sites, the State has developed recreation facilities at the mouth
of Walnut Creek. The site is managed by the Fish Commission and
provided boating and fishing access to Lake Erie.

County recreation facilities exist at Raccoon Creek, Scott County
Park, and Shade Beach. Local governments have developed
facilities at Eagly Park (Springfield), Lake Erie Community Park
(Girard), East Side Marina (Millcreek Township), Freeport Beach
and Darymple Beach (North East Township). Through these efforts,
the State in cooperation with local governments has provided for
protection and access to public beaches of Lake Erie as well as
to other public coastal areas of environmental recreational
historic, aesthetic, ecological or cultural value.

Areas with future potential for recreation access (some of which
are indicated on locally prepared'comprehensive plans) include:
Crooked Creek, Elk Creek, Trout Run, Sixmile Creek, Sevenmile
Creek, Sixteenmile Creek (orchard Beach) and Twentymile Creek.
In most cases, these areas with future potential for access are
not zoned for open space or recreation because they are privately
owned.

Delaware Estuary Coastal Zone - An inventory of the Pennsylvania
side of the Delaware Estuary reveals there are a number of public
areas of recreational, historical, and ecological importance to
which the Commonwealth has provided public access in cooperation
with local governments.

Existing publicly-owned recreational access areas include:
McClure Park, Governor Printz State Park, and Tinicum Marsh, in
Delaware County; Ft. Mifflin, Penn's Landing, Penn Treaty Park,
Pennypack Park, and Pleasant Hill Park, in Philadelphia County;
and Neshaminy State Park, Delaware River Access Area,
Pennsylvania Canal, and Pennsbury Manor, in Bucks County. Local
comprehensive plans indicate recreation or open space potential
at the mouth of the Chester Creek, Little Tinicum Island, mouth
of the Pennypack Creek, and a 19greenway" along the Delaware River
in Bensalem, Bristol, and portions of Falls Townships.

As in the case of Lake Erie, most of these plans are not
reflected in zoning ordinances as long as the land remains in
private ownership.

11-3-39

No significant beaches either publicly or privated owned. Lt low
tide, tidal flats of mud or gravel are uncovered in several
locations. Recreational boaters sometimes beach their vessels on
the narrow "beaches" and bars of Little Tinicum Island; Echo
Beach, in Bensalem Township; a small cove in Tulleytown; and on
the property of the Warner Company, above Money Island, in Falls
Township. All of these locations are privately owned.

The majority of boaters using the Delaware River prefer to beach
on tidal flats on the New Jersey side of the river or the islands
such as Newbold, Burlington or Chester which belong to New
Jersey.

one of the key goals of the Coastal Zone Management Program is to
use program management funds to update local plans and revise
ordinances to :reflect increased public access to public coastal
areas. Access will be acquired.through the use of funds from the
Coastal Energy Impact Program and the other programs listed later
in this chapter under Federal programs.

A Procedure for Assessing Public Areas Requiring Access or
Protection

Because public access to the water is so limited in
Pennsylvania's two coastal zones, this section will concentrate
on public areas, appropriate for access or protection. Earlier
in this chapter, techniques used to identify Geographic Areas of
Particular Concern (GAPC) were described. During the development
of the Coastal Zone Management Program, four types of nominated
GAPC areas were identified because of their critical nature or
special management needs, including:

1. Areas of Significant Recreational, Historic or
Cultural Value - where reclamation, restoration,
public access and other remedial actions may be
needed.

2. Areas of Significant Natural Value - where, "overlaps"
or concentrations of natural features such as
woodlands, wetlands, wildlife habitats and floodplains
exist.

3. Development Op2ortunity Areas - especially suized to
more intensive development or redevelopment.

4. Overla2 Areas - containing development potential and
natural amenities.

The fir st two of these nominated GAPC types include the areas of
the coastal zone most appropriate for the development, or
improvement of public access. In the Lake Erie coastal zone,
fourteen areas were identified as either:

11-3-40

1. Areas of Significant Recreational, Historic or
Cultural Value, or

2. Areas of Significant Natural Value.

A list of these areas may be found in the Inventory of GAPC
presented previously in the Chapter. These fourteen areas should
receive the highest priority for improvement in public access.

In the Delaware Estuary coastal zone, twenty-two areas were
nominated as Recreational, Cultural or Historic GAPC and five
areas were nominated as Natural Value GAPC (See Inventory of
GAPC). These 29 areas are suitable for development or
improvement for public access.

"Areas of Preservation and Restoration (APR) identified pursuant
to Section 306(c)(9) of the Coastal Zone Management Act may also
require improvements for public access. These areas are
described in a previous section entitled Areas for Preservation
and Restoration.

If additional sites are to be identified in the future for
improved public access, the GAPC methodology will be utilized.

To further improve public access to waterfronts in Pennsylvania's
two coastal zones, the following process will be employed:

1. In consultation with local governments, sportsmen
groups, and other interested groups or individuals,
the Department of Environmental Resources will develop
a needs inventory projecting anticipated demand for
shore access into the next two decades.

2. An assessment of existing areas for possible expansion
of access as well as possible limitations of existing
use will be examined in light of projected needs.

3. The Coastal Zone Management Branch will encourage
local governments to incorporate designated GAPC
having significant natural value or recreation,
historic or cultural value, into their comprehensive
plans and zoning ordinances. Results will also be
factored into SCORP.

4. The Coastal Zone Steering Committee (See Chapter 5)
will recommend nominated GAPC with high priority for
improved access for designation to Pennsylvanials
Coastal Zone Management Branch.

5. Plans for providing additional access will be prepared
with and presented to the public for advice and
affirmation based on technical input.

11-3-41

6. To facilitate acquisition and development of access
sites, traditional funding sources and potential new
funding sources will be explored along with less than
fee acquisition such as easements.

7. Access in coastal areas can be provided in GAPC
through the expenditure of coastal zone management
funds.

Demonstration Projects for Improved Public Access

In order to explore and demonstrate the manner in which Coastal
Zone Management funds can be utilized by local governments, four
feasibility studies for improving public access were initiated in
late 1979 and early 1980. Tw9 feasibility studies were conducted
in the Delaware Estuary coastalzone and two were undertaken in
the Lake Erie coastal zone. In each case, the areas studies had
been previously nominated as Areas of Significant Recreational,
Historic and Cultural Value (GAPC). In the Delaware Estuary
feasibility studies examined:

R-1 - McClure Park in Marcus Hook Borough, Delaware County

The feasibility study examines the possibility of expanding
McClure Park to include adjacent parcels along the Delaware
River, including the Federal Quarantine Station. The outstanding
feature of this park is its vantage point for viewing river
activity. It is one of only two public access areas on the river
in Delaware County.

R-22 - Falls Township Access Area, Bucks County

At the foot of Lauderback Road, adjacent to land owned by U.S.
Steel is a small tract of land owned by Falls Township. The
study examines the feasibility of developing this vacant site for
boat launching, fishing or passive recreation.

In the Lake Erie coastal zone, the feasibility of expanding or
improving access was studied for:

R-2 - Elk Creek Estuary Site, Girard Township, Eri e County

This site consisting of approximately 320 acres has long been
considered a potential site for recreational development. Most
of the land is privately owned and the west bank of the creek
mouth is owned by the Pennsylvania Electric Company. The
feasibility of developing the site for public fishing, swimming
and boating, while protecting the forested bluffs which surround
the stream valley, is examined by the study.

R-9 - Twentymile Creek Access Area, North East Township, Erie
County

11-3-42

This GAPC covers approximately 75 acres and is privately owned.
There are about three dozen summer cottages located near the
lakefront on both sides of the creek. Because of the scarcity of
public access areas in the eastern portion of the Lake Erie
coastal zone, the feasibility of recreational development is
examined.

If the results of these studies show that it would be feasible
and desirable to develop these areas for access and recreational
opportunities, then efforts will be made to develop these areas
using coastal zone management Section 308 Coastal Energy Impact
Program funds, Section 315 coastal zone management funds (if
funded), or any other available sources of funds.

consideration of SCORP Policies

When considering areas suitable and appropriate for improved and
enhanced public access, the Coastal Zone Steering Committee
(CZSC) and local governments should consider the following
policies contained in Pennsylvania's State Comprehensive outdoor
Recreation Plan (SCORP):

1. It is Commonwealth policy to strive for the provision
of recreational opportunities for every citizen of the
Commonwealth as well as visitors and tourists, in both
urban and nonurban settings.

2. It is Commonwealth policy to strive for improvements
in accessibility to recreation areas, facilities, and
programs.

3. It i's Commonwealth policy to acquire or to assist
other levels of government in their acquisition of
lands and waters which are identified as having
significant recreational, natural, scenic, and
aesthetic values and those areas which are needed to
protect existing public recreation resources from
encroachment.

4. It is Commonwealth policy that Pennsylvanians are to
have a supply of clean, unspoiled water to meet their
water-related recreation needs.

5. It is Commonwealth policy to manage the fisheries
resources in a manner which provides recreation
opportunities to all fishermen, from the most
dedicated to the occassional.

6. It is a Commonwealth policy to manage the wildlife
resources in a manner which protects natural predators
as well as rare and endangered species, provides for
the full diversity of species of which: Pennsylvania
is ecologically capable, and fosters a naturally

1173-43

bountiful supply of-game which can be harvested in
recreational hunting.

7. it is Commonwealth policy to identify and protect
those lands which qualify as either wild or natural
areas.

8. It is commonwealth policy to place a high priority on
the use of suitably identified floodplains for low
density recreation areas and open space.

9. It is Commonwealth policy to regulate use of State
areas and facilities in order to maintain the quality
of the recreation experience and to prevent
degradation of resources.

Identification and Description of Enforceable Policies, Legal
Authorities and Funding Programs

Pennsylvania's specific policies dealing with public access and
recreation are found in Chapter 3, Policy Framework, Section V.
Policies V- '1 and V-2. These policies are based on legislative
authorities which allow State agencies to acquire land needed to
provide access. As described earlier, the commonwealth has
provided public access to public resources in both coastal zones.
Presque Isle State Park is the most heavily used of all State
Parks. Pennsylvania will also assure public access to public
coastal areas through the GAPC process as described earlier in
this chapter. Since recreation is a use of regional benefit as
defined by the Commonwealth, Pennsylvania ensures that State
recreation areas which provide access to public areas of the
coastal zone will not be arbitrarily excluded by actions of local
governments.
Federal Programs: in addition to the' State authorities, cited in
Chapter 3 and Appendix B and the Coastal Energy Impact Program
discussed earlier, the following Federal programs are useful for
the provision of visual and physical access in the coastal zone:

a. Coastal Zone Management Program Administration

(1) Authorization: Coastal Zone Management Act of
1972, Section 306, 16 U.S.C Section 1455 (1972);
Coastal Zone Management Act Amendments of 1976,
Section 306, 16 U.S.C Section 1455 (1976).

(2) Administration: National oceanic and
Atmospheric Administration, Department of
Commerce. Funds are channeled through the
Pennsylvania Department of Environmental
Resources, Coastal Zone Management Branch, to
state agencies and local governments.

11-3-44

(3) Eligibility: Any coastal state whose Coastal
Zone Management Program has been approved by the
Secretary of Commerce.

(4) Types of Assistance: Project gran't"s are
available. At least 20 percent of the total
project cost must be provided by the applicant.
Federal funds from other sources cannot be used
to match.

(5) Uses and Use Restrictions Applicable to Public
Access: Grants may be used only to administer
the State's approved Coastal Zone Management
Program. States are encouraged to apply
implementation funding for these purposes in
which there are national interests including the
provision of access to and use of the shorefront
and urban waterfronts. other purposes include
the management of designated areas of particular
concern.

b. outdoor Recreation' - Acquisition, Development, and
Planning

(1) Authorization: Land and Water Conservation
Fund Act of 1965, as amended, 16 U.S.C. Sections
4601-6 et seg. (1965).

(2) Administration: Heritage Conservation and
Recreation Service, Department of the Interior.
Funds are channeled through the Pennsylvania
Department of Environmental Resources,
Recreation Grants-In-Aid staff, and the
Pennsylvania Department of Community Affairs,
Bureau of Recreation and Conservation.

(3) Eligibility: For acquisition and development
grants, the Department of Environmental
Resources's Recreation Grants-In-Aid staff, may
apply for assistance for itself, or on behalf of
other State agencies. The Department of
community Affairs, Bureau of Recreation and
Conservation, handles grants for political
subdivisions, such as cities, counties, or park
districts. individuals and private
organizations are not eligible.

(4) Types of Assistance: Project grants available
to 50 percent of cost. Under certain
conditions, all or part of the project sponsor's
share may be from certain other Federal
assistance programs, such as Title I Community
Development. Funds are available for obligation

11-3-45

during the fiscal year in which appropriated and
for the following fiscal years.

(5) Uses and Use Restrictions Applicable to Public
Access: Acquisition and development grants may
be used for a wide range of outdoor recreation
projects and support facilities for these same
projects. Facilities must be open to the
general public- Development of basic rather
than elaborate iacilities is favored. Priority
consideration generally is given to projects
serving urban populations.

C. Economic Development - Grants and Loans for Public
Works and Development Facilities.

(1) Authorization: Public Works and Economic
Development Act of 1965; as amended; 42 U.S.C.
Sections 3131. 3132, 31354 3141, 3171 (1965).

(2) Administration: Economic Development
Administration, Department of Commerce.

(3) Eligibility: States, local subdivisions
thereof, and private or public nonprofit
organizations or associations representing a
redevelopment area are eligible to receive
grants and loans. Corporation and associations
organized for profit are not eligible.

(4) Types of Assistance: Project Grants and Direct
Loans. The basic grant rate may be up to 50
percent of the project cost. Severely depressed
areas that cannot match Federal funds may
receive supplementary grants to bring the
Federal contribution up to 80 percent of the
project cost. Additionally, redevelopment areas
located within designated economic development
districts may, subject to the 80 percent maximum
Federal grant limit, be eligible for a 10
percent bonus on grants for public works
projects. Long-term (up to 40 years) low
interest loans may be M4de to the applicant when
financial assistance is not otherwise available
from private lenders or Federal agencies on
terms which would permit accomplishment of the
project.

(5) Uses and Use Restrictions Applicable to Public
Access: Grants for public tourism facilities are
available. To qualify, these projects must
fulfill a pressing need of the area and must:
(a) tend to improve the opportunities for the
successful establishment or expansion of

11-3-46

industrial or commercial plants or facilities,
(b) assist in the creation of additional long-
term employment opportunities, or (c) benefit
the long-term unemployed and members of low-
income families or otherwise substantially
further the objectives of the Economic
opportunity Act of 1964. In addition, proposed
projects must be consistent with the currently
approved overall economic development program
for the area in which it is located.

d. Public Land for Recreation, Public Purposes and
Hiszoric Monuments

(1) Authorization: Recreation and Public Purposes
Act of June 14, 1926, as amended; 43 U.S.C.
Section 869; @@t seg. (1926).

(2) Administration: Bureau of Land Management,
Department of the Interior.

(3) Eligibility:' States, Federal and State
and political subdivisions,
instrumentalities
including counties and municipalities, and
nonprofit corporations. Individuals do not
quality.

(4) Types of Assistance: The sale, exchange, or
donation of property and goods is available.
For public recreation purposes, a price of $2.50
per acre with a minimum of $50 per transaction,
lease at $0.25 per acre per year with minimum
payment of $10 per lease.

(5) Uses and Use Restrictions Applicable to Public
Access: Available public lands may be leased or
purchased for public recreation and other
recreational and public purposes. The applicant
cannot secure lands under this act for any use
authorized under any other public land law. if
applicant attempts to change use of land to
other than that for which land is conveyed, or
transfer title without consent of the Secretary
of the Interior, title of land will revert to
the United States.

e. Disposal of Federal Surplus Real Property

(1) Authorization: Federal Property and
Administrative Services Act of 1949,
Section 203, as amended, 40 U.S.C. Section 484
(1949); Surplus Property Act of 1944, Section
13(g), as amended, 50 U.S.C. Section 1622
(1944); Act of May 19, 1948, 16 u.s.c.

11-3-47

Section 667 (1948); Act of January 2, 1971,
42 U.S.C. Section 4638 (1971).

(2) Administration: General Services
Administration; applications are made to the
Heritage Conservation and Recreation service,
Department of the Interior.

(3) Eligibility: States and local government
agencies are eligible to apply for surplus real
property for park, recreational, and
general public purposes.

(4) Types of Assistance: The sale, exchange, or
donation of property and goods is available.

(5) Uses and Use Restrictions Applicable to Public
Access: surplus real proper;ty may be conveyed
for public park or recreation use at discounts
up to 100 percent. Surplus property conveyed
for public park-or recreation use must be used
for the purposes so conveyed in perpetuity.
Surplus real property which is not deeded to
public bodies is generally offered for sale to
the public on a competitive bid basis.

other Techniques for Providing 2r Im2rovin!a Access: in addition
to fee-simple and less-than-fee interests, access may be provided
by:

1. Acquisition in fee by gift of land for public
purposes. This is a highly desirable method of
conveying property. Donation holds advantages for the
donor especially with regard to tax savings, and is a
relatively simple process which gives the state a
measure of freedom to vary the uses of the property as
it sees fit. The landowner can include use
restrictions in the deed of transfer to ensure the
land will be used according to the donor's wishes;
and, the receiving government must accept the
conditions attached to the grant.

2. Police power. The two most useful police power
techniques are the application of eminent domain and
the imposition of land use controls and regulations.

Eminent domain is a process by which governmental
entities can acquire proprietary interests in
privately held land in exchange for compensation,
regardless of the owner's willingness to sell.
compensation is usually fixed at market price. Land
acquired through this process must be used for public
use or benefit.

11-3-48

in acquiring shorelands and waters access with eminent
domain, property can be condemned in fee. A second
application of eminent domain is to condemn easements
for public rights-of-way. Agencies in Pennsylvania,
which can use eminent domain to provide public access
for achieving the shorefront access objectives of the
program, are the Department of Environmental
Resources, the Department of Community Affairs, and
the Pennsylvania Fish Commission.

A variety of land use and regulatory controls such as
zoning may be applied to secure and protect public
access. of course, for these regulations to be
implemented, enabling legislation must be in place.

3. Preferential taxation. This is a process which can be
applied to public access acquisition. A shoreline
owner can be encouraged to maintain his property for
open space or agricultural uses. Taxation is based on
current use rather than assessment of potential.

SHORELINE EROSION/MITIGATION PLANNING

Introduction

The Federal Coastal Zone Management Act, as amended in July 1976,
acknowledges the concern of the Federal Government for coastal
erosion and provides guidelines for addressing these concerns.
Section 305(b)(9) provides for:

' " . a P .lanning process for (a) assessing the effects of
shoreline erosion (however caused), and (b) studying and
evaluating ways to control, or lessen the impact of, such
erosion, and to restore areas adversely affected by such
erosion.

Rules and regulations developed by the office of Coastal Zone
Management as a result of such legislation require the states to
include: (15 CFR 923.25, March 28,, 1979)

1. A method for assessing the effects of shoreline
erosion and evaluating techniques for mitigating,
controlling or restoring areas adversely effected by
erosion.

2. An identification and. description of enforceable
policies, legal authorities, funding
techniques that will be used to manage the effects
of erosion.

The following section deals exclusively with erosion/mitigation
planning for the Lake Erie coastal zone. Erosion has not been

11-3-49

identified as a significant problem in the Delaware Estuary
coastal zone.

Background

Shoreline erosion and bluff recess ion continue to be the most
significant problems of the Lake Erie shoreline. The
Commonwealth, early in, the coastal zone management effort,
recognized the need for. a comprehensive inventory of shore
hazards and commissioned a study to deal with the phenomena. The
results of this study are Published as a separate report entitled
Shoreline Erosion and Flooding: Erie County by the Department of
Environmental Resources. (See App7e-ndix-D).

Two Studies were developed by the Department of t-ae Army, Buffalo
District, Corps Of Engineers: one, regarding shore damage
@tatistics and costs of protection, which has been incorporated
into the Chicago Districtis "Shoreline Damage Inventory,,; and
another dealing with a shore structure inventoryg which is an
ongoing study headed by COE Joseph Jarnot#' provide useful
information in establishing losses and measures taken by the
Public to mitigate those losses.
The Coastal Zone Steering Committee (CZSC) has, for*three years,
been a valuable source of information, assisting the Commonwealth
in a better appreciation of the problem.

The various studies clearly demonstrate that a comprehensive
planning process dealing with erosion/recession and-structural or
nonstructural mitigative Procedures is essential. While any such
process is not an end in itself, it will provide an effective
means Of communicating the seriousness of the problem and direct
assistance to the public.

Because the shoreline of Pennsylvania on Lake Erie is relatively
short, the Commonwealth, has in the past# not comprehensively
addressed the problem associated with erosion. The single
outstanding exception is Presque Isle State Park, a sand spit
located off the City of Erie. Governmental efforts in attempting
to prevent widescale beach losses on Presque Isle have been
constant and costly over time. Inclusion of the Pennsylvania
coast in Federal studies has generally been in conjunction with
basin-wide problems and little detail emerges for any particular
area. Presque Isle is an exception due to the concentrated
efforts of the Corps of Engineers to solve the erosion problems
there.

With the exception of Presque Isle, very little research has been
accomplished relative to erosion losses and bluff recession
phenomena. While other states faced with hundreds of miles of
shore have been working diligently on the problem$ Pennsylvania
was under no particular pressure to become acquainted with the
erosion problems of its Lake Erie shore. Since the advent of the

11-3-50

Coastal Zone Management Program, the commonwealth has come to
recognize the importance of erosion/recession to the people of
Erie County. The Coastal Zone Management Branch has made
attempts to accumulate additional information and has given top
priority to geotechnical studies of the bluff and shore areas, in
order to determine the physical and social impacts of this
continuing problem.

The Problem

The coastline of Erie County, Pennsylvania, is 108 km (67 miles)
long consisting mainly of bluffs of varying height above chart
datum of 173.3 m (568.61) from 3 m (101) to 50 m (1701).
Physiographically, the shore is divided into three segments-,
(a) from the Pennsylvania-Ohio boundary northeastward to the neck
of Presque Isle peninsula, (b) Presque Isle peninsula, and
(c) northeastward of Presque Isle to the Pennsylvania-New York
Boundary.

The first segment is comprised of bluffs of glacial till and
lacustrine deposits, highly erodible and prone to mass wasting
This segment is dissected by streams of varying magnitude fro;
intermittent streams to Elk Creek, a stream of some 40 km (25
miles) in length and the largest stream in the coastal zone. The
relative rate of recession in this reach varies from .6 m per
year to less than .15 m per year (2411 to 611). The average rate
of recession for the reach is .45 m (1811) per year depending on
variables of material and conditions.

The central section includes Presque Isle peninsula which forms a
bay of 18 k (7 sq. mile) behind it forming one of the finer
natural harbors-on the Great Lakes. On the southern shore of the
bay is the City of Erie, Pennsylvania's only lake port, and
dependent on the spit for its harbor activities. The spit is
highly susceptible to erosion during storms and control measures
have been attempted by the Commonwealth and the Corps of
Engineers since 1810. The spit is approximately 11 km (7 miles)
long and covers 1,280 hectares (3,200 acres) in area.

The third segment is comprised of bluffs with a bedrock base
overlain by glacial till and lacustrine deposits and dissected by
streams varying in magnitude from weather tributaries to
Twentymile Creek approximately 24 km (15 miles) in length. These
bluffs are only moderately erodible due to the protection offered
by the bedrock base. The relative rate of recession over this
reach varies from .1 m per year to .3 m per year (411 to 1211).
The average rate of recession over the reach is .15 m (611) per
year.

Each of the three sections present different problems related to
erosion/recession phenomena and planning efforts must accordingly
differentiate between the sections if such efforts are to have
maximum impact and meaning.

11-3-51

As discussed in the previous section on shorefront access, beach
formation at the base of the bluffs is marginal, responding to
availability of materials in the littoral transport system.
Therefore, beaches west and east of Presque isle tend to be
narrow and discontinuous. Greater accumulations result from
entrapment by shore structures (groins).

As mentioned previously, Presque Isle has extensive beaches that
are under constant wave attack-. The shoreline configuration is
constantly changing due to erosion in conjunction with structural
and nonstructural methods employed in its defense. As a result
of studies made through coastal zone management efforts and the
Corps of Engineers, a determination of the cause and effect
relationship of erosion/recession on the shoreline can be made.

Bluff recession is defined by the Bluff Recession and Setback Act
as the loss of material along the bluff face caused by the direct
or indirect action by one Or a combination of groundwater
seepage, water currents, wind generated waves or high water
levels.

Shoreline erosion is a function not only of higher lake levels,
but the frequency and intensity of storm waves, as well as the
sediment budget in the littoral transport system.

Conclusions drawn by the Shoreline Erosion and Flooding B�2ort in
1975 have been modified to recognize changes since that time.
These new conclusions are:

1. A majority of construction act ually built assumed that
average water levels On Lake Erie were a constant and
could be depended upon for planning purposes.

2. Construction in the coastal zone was done without
knowledge of the potential effects such construction
could have on the stability of the bluff or on the
shore zone.

3. Despite periodic warnings in the form of past damage,
local planning agencies have never addressed the
problem in a comprehensive, coordinated manner.

(This has been corrected by coastal zone management
efforts of the past four years through cooperative
efforts between the Department of Environmental
Resources, the Erie County Department of Planning and
local governments. The result is the Bluff Recession
and Setback Act.)

4. Recession as a physical force is not clearly
understood, and neither is the insidious nature of the
phenomena. Recession is caused by a variety of
processes. Measurement has shown that those areas
protected by natural or manmade features will suffer

11-3-52

less recession than an unprotected bluff. Experience
has shown, however, that serious down-drift
consequences develop in conjunction with any deterrent
(either natural or man-made) to littoral drift.

5. In the past eight years, the physical processes have
been operating at a higher than normal rate and have
resulted in disruption, damage, and destruction. it
cannot be stated with any certainty whether this
accelerated activity will continue or, for how long.

6. It has been concluded that, while floodprone land
makes up a small percentage of the total coastal area,
persistent use of these areas for development has
caused the greatest amount of damage to be
concentrated in those areas. Rapid bluff recession is
occurring primarily in areas of low density use and
the damage is related to loss of land with occassional
instances of structural loss. As recession continues
and as development spreads to hazardous bluff areas,
losses of existing structures will increase. The
Bluff Recession and Setback Act will regulate the
siting of future structures in hazard areas to prevent
losses to these structures.

(Despite the fact that losses of land to recession are
greatest in undeveloped areas, it does not negate the
direct effect of development on the bluff. There is a
direct cause and effect relationship between land
development and accelerated recession.)

7. The placement of groins by individuals has generally
resulted in protection of the individual's property
but, in most cases, is having direct impact on erosion
down-dxift. This impact is negative in that erosion
losses accelerate as sand is withheld as a protective
influence. The Dam Safety Act now closely regulates
the siting of these structures to prevent accelerated
erosion rates.

In summary, the problem is the confrontation between the
completely natural forces of erosion and mass wasting and the
development by man of areas where these forces are at the
maximum. With a better understanding of the phenomena involved,
the planning process will recommend and administer programs to
encourage better utilization of coastal resources.

A Method for Assessing the Effects of Erosion/Recession

This section will deal with the physical and economic losses
suffered as a result of erosion and recession. The physical
losses \ include the loss of solid land to lake waters through
erosion of beach materials and the loss of land at the top of the

11-3-53

bluffs to the bluff face by mass wasting and ultimately to the
lake waters through erosion. Economic losses include loss of
real property, loss of tax base, loss of recreational
opportunity, and structural loss.

Four programs recently completed that give evidence of the degree
of loss in both categories include:

1. Recession Rate Analysis (as part of the Shoreline
Erosion and FloodinR Re2ort).

2. Cooperative Beach Erosion Control Project: Presque
Isle (between the Commonwealth and the Department of
the Army, Corps of Engineers).

3. Shore Structure Inventory (unpublished data obtained
by the Edinboro Foundation for the Department of the
Army, Corps of Engineers).

4. Property Damage Survey (unpublished data obtained by
the Lake Erie Marine Science Center for the Department
of the Army, Corps of Engineers).

Each of the above was an attempt to assess the impact of
erosion/recession in the coastal zone and attempts being made to
lessen (mitigate) the impact. Each effort establishes losses in
both categories with some margin of error indicated and made
determinations with respect to those areas most critically
affected. The recession rate analysis and the locations of
hazard areas, as documented in the Shoreline Erosion and Fioodinq
Report, will be formally adopted in regulations and formally
designated as bluff recession hazard areas pursuant to the Bluff
Recession and Setback Act.

There is every reason to believe that, taken together, the four
works provide definite information about erosion/recession and
the impacts implied.

It is recommended that in order to improve existing permitting
criteria for the regulation of structural or nonstructural
measures to reduce erosion/recession, that a complete analysis of
the lake-beach-bluff interface be undertaken to provide the
information needed to improve engineering of protective devices.
In order to select a solution for a particular area, the
geophysical and baythymetic character of that area should be
known before chosing between structural or nonstructural
protection methods. overall costs of any erosion program can be
reduced if comprehensive information is available prior to
construction.

Because of the tremendously complex character of the Lake Erie
shoreline, very few generalizations can be made with confidence.

11-3-54

Recommended Study Elements

1. Institute a monitoring program of existing
Commonwealth control points over time to substantiate
photogrammetric data pertaining to recession rate
data.

2. Establish additional control points as indicated by
continuing study of causal factors.

3. Conduct full-scale geotechnical studies including:

a. Rate of mass wasting in materials of glacial
origin in relation to groundwater loading in
various materials of various thicknesses;

b. Impact of water level changes on various
materials at the base of the bluff; and

ce Sediment load measurements based on sediment
size analysis of various materials commonly
found in the'bluffs.

4. A vegetation study to examine the alternative measures
that can be taken to mitigate damage by
erosion/recession.

5. Establish a data retrieval, information system to
collect and store information on factors pertinent to
bluff recession.

Proposed Im2lementation Elements

The results of these studies canbe. used by the Coastal Zone
Management Program to:

1. Improve regulations governing the siting and design of
erosion control structures.

2. Improve regulations governing the siting of structures
in bluff recession hazard areas.

3. Produce information useful to homeowners,
agriculturalists, and developers in assessing relative
hazards in the coastal zone.

4. Improve technical data base to substantiate and expand
current knowledge of er.osion/recession impacts on the
coastal zone.

State Policies Pertaining to Erosion/Recession

11-3-55

The Pennsylvania Coastal Zone Management Program outlines in
chapter 2 of this document specific erosion/recession policies
and identifies the authorities and actions that will be used to
implement the policies. This section in the policy framework, on
Coastal Hazard Areas, provides a clearer articulation of actions
that must be taken to protect people and property from the
potential dangers of erosion and recession. Specific policies
address the problems associated with bluff recession (Policy
I-A.1); improper installation of'shoreline protection structures
(Policy I-A.2); reducing the volumes of surface water runoff
@Policy I-A.3); the need for technical assistance to prevent
increased erosion and bluff recession (Policy I-A.4); and
protection of people and property from the dangers of flooding
(Policy I-B). With the accomplishment of these policies, through
the Coastal Zone Management Program, Pennsylvania will continue
to move closer to defining a sound comprehensive policy
concerning erosion/recession in the coastal zone. Additional
information on Pennsylvania's authority to implement these
erosion/recession policies is contained in Appendix A, Existing
Management Authorities.

The Commonwealth of Pennsylvania has, for several years, been
involved in a cooperative effort with the Department of the Army,
Corps of Engineerst in a cooperative Beach Erosion Control
Project at Presque Isle peninsula. The most_- recent effort has
involved a proposal by the Corps of Engineers to establish a
series of segmented breakwaters as a protective device against
erosion losses. The agreement established between the Corps of
Engineers and the Commonwealth establishes policy by the
Commonwealth with regards to eroson control. The Draft
Environmental Impact Statement includes the following statement:

"The Commonwealth of Pennsylvania, through the Department of
Environmental Resources# has stated that it will act as the
local sponsor for the 1permanent' beach erosion control
project and provided a letter dated 7 March 1978 stating
their intent to meet the terms required for cooperation in a
Local Assurance Agreement.45

In order for a beach erosion control project to be constructed at
Presque Isle, the local sponsor must give assarances satisfactory
to the Secretary of the Army that it will:

1. Provide without cost to the United States all lands,
easements, and rights-of-way, including suitable
borrow and spoil-disposal areas as determined by the

45Presque Isle Cooperative Beach Erosion control Project; An
information Packet Summarizing Results of Investigations
Undertaken Through Stage II of the Phase I Design, U.S. Army
Corps of Engineers, Buffalo District, September, 1979, p. 9.

11-3-56

Chief of Engineers, necessary for the Construction of
the pk6ject;

2. Provide a 4@ash contribution equal to the appropriate
percentage of the final construction Cost exclusive Of
lands, easements, and rights-of-way, the percentage to
be in accordance with existing law and based on shore
ownership and use existing at the time of
construction, which contribution is presently
estimated at 30 percent;

3. Pay 30 percent of Annual beach redistribution and
replenishment costs for the project;

4. Hold and save the United States free from damages due
to the construction works;

5. Maintain and operate all the works, including periodic
sand replenishment and redistribution As needed, after
completiobo in accordance with regulations prescribed
by the Secretary of the Army;

6. Assure continued public ownership or continued public
use, without Cost to the United Stateso of appropriate
access and facilities, including parking and
sanitation, necessary for the realization of the
public benefits upon which the Federal participation
is,based, and administer and maintain the beach for
continued public use during the life of the project,4
and

7. Control water pollution to the extent necessary to
safeguard the health of bathers.

As a result of information gathered during the coastal zone
management efforts of the past four years, and in response to
recommendations made by the Commonwealth with respect to
recession, the Bluff Recession and Setback Act has been written
to provide local authorities with regulation governing setback
ordinances. Under "Purpose and Policy" of the Act are the
following:

1. Encourage planning and development in bluff areas
which is consistent with sound land use practices.

2. Protect people and property in bluff areas from the
dangers and damage associated with the inevitable
recession of bluffs.

3. Prevent and eliminate urban and rural blight which
results from the damages of bluff recession and
erosion.

11-3-57

4. Minimize the expenditure of public and private funds
for shoreline protection and bluff stabilization
structures and activities.

5. Authorize a comprehensive and coordinated program to
regulate development activities through the use of
setback ordinances in bluff recession hazard areas#
designed to preserve and restore the natural
ecological systems, ' and to prevent continuing
destruction of private property and structures.

6. Encourage local administration and management of
bluffs consistent with the Commonwealth's duty as
trustee of natural resources, and the people's
constitutional right to the preservation of the
natural, scenic', aesthetic, and historical values of
the environment.

The four coastal zone policies relating to shoreline
erosion/recession establish the concern of the Commonwealth
relative to erosion and measures taken to prevent it. Such
policies, here combined, are a definitive statement of policy
that can be used to adminisr-ex and regulate activities in the
coastal zone, Through continued interaction witb 'the Coastal
Zone Steering Committee, hereinafter CZSC, the Commonwealth will
assist in the generation of more detailed policies concerning
erosion/recession in the coastal zone.

Procedures for Designating Areas for Control, Mitigation, or
Restoration

It 'shall be the express policy of the Coastal Zone Management
Branch to interact with the CZSC in all matters pertaining to the
expenditure of coastal zone management related funds for managing
activities affected by or designed to control shoreline erosion.
The following are criteria to be used when coastal zone
management funds are involved:

1. Administration of local ordinances to implement the
provisons of the Bluff Recession and Setback Act.

2. State administration and monitoring of the local
administration of the Bluff Recession and Setback Act.

3. Provisions of technical assistance to local
governments.

4. Administration of Dam Safety and Encroachment Act

5. Coastal zone management funds will be expended only
for measures consistent with the overall Coastal Zone
Management Program.

11-3-58

6. For expenditure of coastal zone management funds, the
full range of alternative erosion control measures,
including no action, must be studied.

Areas to be protected or restored shall be put forth by the CZSC
on recommendations made by local authorities or nominated by
private citizens. If an area has attributes that are greater
than local concern, the Commonwealth may act as a nominating body
of the CZSC. Within the guidelines established above, the CZSC
shall designate an area for restoration or protection and seek
funds for acquisition, study, and implementation.

Erosion control measures taken by private individuals on private
land must conform with all requirements of the Dam Safety and
Encroachments Act and the Bluff Recession and Setback Act. It
shall be the function of the CZSC to assist the Coastal Zone
Management Branch in regulating structural or nonstructural
alternatives in a manner that considers the impacts on public
health, safety, or the rights of others. While the commonwealth
may have the right to restrict structures not in conformance with
the above, the CZSC will be able to help the Coastal Zone
Management Program expedite'formal applications for permits for
structures in conformance with coastal zone management policies
and standards.

Procedures for Managing the Effects of Erosion/Recession

As noted in the Coastal Zone Management Program development
guidelines, erosion planning processes must consider, in addition
to structural measures for erosion control, any nonstructural
technique or alternative to mitigate erosion losses.

The Commonwealth has taken the position that erosion/recession is
a natural phenomena which man has very little chance of
controlling. Therefore, structural methods are generally seen as
temporary and having generally minimal effects on reducing
erosion. Also, the high costs of most structural techniques
leads the Commonwealth to discourage structural alternatives to
erosion/recession. The serious up and down-drift impacts of most
structural alternatives is another obvious detractor from
structural alternatives.

However, where valuable property is involved and the threat of
loss is great, the Commonwealth acknowledges that structural
alternatives may provide the best short-term solution. The
nonstructural alternative usually accepts the no-win situation
and carefully evaluates the temporary measure against the long-
term gain. This would include the "do nothing" option.

Through the administration of the Dam Safety and Encroachments
Actl Pennsylvania Department of Environmental Resources will
control structural methods of controlling erosion/recession.
Permits will not be issued without careful consideration of long

11-3-59

and short-term impacts. Criteria for issuance of permits is
formed in Chapter 105, of the Commonwealth regulations (see
Appendix B). The Bluff Recession and Setback Act will ensure
that new structures are built outside of bluff recession hazard
areas to minimize the need for structural method of protection.
The two pieces of legislation are, therefore, complimentary.
Together they ensure that reliance on structural methods will be
carefully controlled. Coastal zone management funds will not be
used to construct or repair Any types of erosion or recession
control structures.

As generally accepted, the following are the structural,
nonstructural methods applicable to the shores of Lake Erie. Any
of these activities occurring in the coastal waters will be
subject to State permitting and criteria found in Chapter 105
regulations (see Appendix B).

seawalls, Bulkheads, Revetments - The exact definition for each
of the above varies from region to region. Generally, they
consist of devices constructed parallel to the beach, separating
the land from the erosive forces of the water. They are limited
by the following:

1. Cost of properly engineered device and. accompanying
high construction costs;

2. Lack of access to bluff base where bluffs exceed 9 m
(301) in height;

3. Lack of available natural materials when the use of
concrete is discouraged;

4. inability to cope with flanking problems on adjacent
properties;

5. Loss of natural beach;

6. Lack of sufficient foundation;

7. Reduction of shore access; and

8. Fluctuation in water levels.

Generally, the cost of a seawall is discouragement enough for
most private property owners. Attempts are made by many to
shortcut proper engineering and construction steps with the
result being structural failure. The seawall concept is
discouraged by the Commonwealth except in extreme cases where the
threatened loss warrants the extreme costs of a suitable
structure.

The use of discarded materials for revetments is discouraged.
Concrete rubble, junk cars, and similar materials have minimum

11-3-60

effect on reducing erosion and detract significantly from the
natural scene.

Groins - A groin is defined as any measure taken to interfere
with the long-shore transport system by building or placing
material perpendicular to the beach face with the intent of
trapping sand on the updrift side. In Erie county, the groin has
been an obvious choice because of the relative low cost and the
fact that the sand accumulation provides a buffer against the
erosive force of the waves and provides recreational opportunity.
Disadvantages to groins include:

1. Removal of sand from littoral system causing
accelerated erosion downdrift of the groin;

2. Creation of a safety hazard since sand accumulation on
the updrift side produces deepening on the downdrift
side-,

3. A general lack of sufficient foundation for the
construction of the groin;

4. Breaching caused by flanking or overtopping, reducing
the effectiveness of the structure;

5. A general lack of knowledge of design criteria
including wave climate and water level fluctuations;
and

6. Lack of sufficient sand in the transport system which
negate the effectiveness of any structure.

Because of the extreme down-drift impact, the use of groins is
discouraged except in the most unusual circumstances. where loss
is imminent due to extremes in environmental conditions, the use
of temporary groins (gabions,. tire mats, etc.) would be
encouraged.

Nonstructural Techniques - Nonstructural alternatives involve a
variety of techniques that attempt to produce a satisfactory
response in erosion reduction. Among such alternatives are beach
nourishment and sand pumping. Both procedures involve high
annual costs, destroy the natural regimen and have a severe
impact on aquatic life. Such techniques are discouraged,
However, in cases where structural alternatives are too costly in
protecting a public facility or lands of high value, these
nonstructural techniques may have to be considered.

Another nonstructural technique is to do nothing. While
obviously financially attractive, it remains an unsatisfactory
alternative when structural, or property loss is imminent.

To prevent recurring property losses, the Commonwalth is
dedicated to utilizing zoning amendments governing structural

11-3-61

setback requirements. The Bluff Recession and Setback Act
provides that each designated coastal community acknowledge
erosion/recession as a continuing phenomena and to develop
rdinances that prohibit the construction or substantial
improvement to structures in bluff hazard areas.
0

Additionally, the Commonwealth, through advisory services,
educates landowners about activities that aggravate recession
phenomena. Proper vegetation management, management of
stormwater run-off, proper sanitary drains, and other activities
that lessen mass wasting are encouraged.

11-3-62

Cha-pter 4

Program Authorities
and Organization

MANAGEMENT REQUIREMENTS AND AUTHORITIES

introduction

In order to receive approval by the Secretary of the U.S.
Department of Commerce for its management programe a state must
demonstrate that it has the authorities necessary to implement
the program. The following is a list of requirements a state
must meet to demonstrate that it is capable of and willing to
manage its coastal resources in the prescribed manner.

1. A state must identify those uses of coastal resources,
having direct and significant impacts upon the coastal
waters, which will be subject to management by the
state program.

2. A state must demonstrate that it has the necessary
authorities on which to base a management program and
an organizational structure that is designed in such a
manner that it can and will be applied to ensure
implementation of the state's enforceable Coastal Zone
Management policies.

3. A state must select an implementation s trategy from
among the three approved implementation strategies
identified in the Regulations of the Coastal Zone
Management Act. The state may select one or a
combination of more than one of the three strategies
listed below.

a. State establishment of criteria and standards
for local implementation.

b. Direct state land and water use planning and
regulations.

C. Case by case review of actions affecting land
and water uses subject to the management
program.

4. A state must describe the mechanisms that it will
utilize in implementing the type of management program
that it has selected.

5. A state must designate a single state agency to
receive and administer Federal grants for purposes of
implementing the management program.

6. A state must demonstrate that it has developed
adequate processes to ensure that the management
program has necessary monitoring and evaluation
capabilities.

11-4-1

7. A state must demonstrate the adequacy of its
intergovernmental coordination and review processes.

The remainder of this chapter is devoted to demonstrating how
Pennsylvania has developed a management program which fulfills
these requirements.

Uses Subject'to Management

During the early phases of the Coastal Zone Management Program,
extensive inventories were made of the Commonwealth's coastal
resources and uses. Current and past problems and issues
associated with the utilization of coastal resources were
identified and analyzed, and future demands on the coastal
resources were projected.

Utilizing the results of these studies, incorporating the needs
and desires of the coastal residents, businesses, industries, and
interest groups, and realizing the need to address national
priorities such as energy development, wetland preservation, and
port revitalization, it was determined that the following uses of
the coastal areas have a direct and significant impact on coastal
waters and so are subject to management by the Commonwealth's
Coastal Zone Management Program.

1. Activities associated with the placement and design of
structures in coastal hazard areas. Particular
attention will be given to the placement of structures
in coastal hazard areas where they would be subject to
damage by and/or exacerbate the problems associated
with flooding and erosion.

2. Activities such as dredging and spoil disposal which
could negatively impact navigation, flood flow
capacity, wetlands, environmental quality, and public
interest.

3. Activities which cause both positive and negative
impacts upon coastal -fishery populations and their
aquatic habitat.

4. Activities that would result in the degradation or
destruction of tidal or freshwater wetland.

5. Activities which possess the potential for providing
or hindering the development of public access sites
for both passive and active forms of recreation.

6. Activities which adversely impact or which enhance the
restoration and/or preservation of historic sites and
srructures.

11-4-2

7. Activities in port areas which directly affect overall
port planning, development, enhancement, and
revitalization.

8. Activities related to energy production and energy
facility siting that have the pozential to cause
adverse environmental impacts to sensitive ecological
areas.

9. Activities which affect air quality and water quality
in the coastal zones.

Pennsylvania has developed a State/Local management partnership
that combines both State and Local administration of State
authorities. The bulk of the management program will be
administered by State agencies. However, local governments will
administer State authorities for floodplain management and bluff
setback permitting in accordance with State standards.

All State enforceable coastal policies will be administered in a
uniform fashion in the coastal areas according to the program's
regulatory authorities. Through the use of an Executive order
and the Memoranda of Understanding, the Department of
EnvironmenLal Resources will serve to ensure that all State
nonenforceable policies are carried out in a uniform fashion
throughout the coaszal zone. This concept of linking various
State authorities under one agency is known as networking.

Networking Mechanisms

The following mechanisms are used zo achieve networking in
Pennsylvania:

Executive Order - Executive order (No'. and Date) provides the
basis for networking in Pennsylvania. It directs all
administrative departments, independent administrative boards and
commissions, and other State agencies to comply with the
program's regulatory policies. It is legally enforceable in this
regard to the extent that it directs the adminisr-rative
departments, independent administrative boards and commissions,
and other State agencies to follow the enforceable policies of
the Coastal Zone Management Program. Additionally, the Executive
order designates the Department of Environmental Resources as the
lead agency for implementing and administering the Pennsylvania
Coastal Zone Management Program and as the single State agency to
receive and administer Federal grants available for implementing
the management program. The draft Executive order is found in
Appendix A.

Memoranda of Understanding - The Memoranda of Understanding are
program agreements between the Department of Environmental
Resources and other State agencies and commissions that
administer authorities and various programs that will be used in

11-4-3

the implementation of the proyram's nonregulatory policies. The
Memoranda of Understanding details the manner in which the
agencies, independent boards and commissions will use their
authorities in the furtherance of the programis nonregulatory
policies. A draft of the standard terms of the Memoranda of
understanding is found in Appendix A.

Environmental Rights Amendment - Article 1, Section 27 of the
Pennsylvania Constitution, commonly refered to as the
Environmental Rights Amendment (ERA), provides another basis for
networking the various statutory authorities and agencies
together in conformance with Pennsylvania's Coastal Zone
Management Program. The ERA states:

"The people have a right to clean air, pure water, and to
the preservation of the natural, scenic, historic, and
aesthetic values of the environment. Pennsylvania's public
natural resources are the common property of all the people,
including generations to come. As trustee of these
resources, the Commonwealth shall conserve and maintain them
zor the benefit of all the people."

The amendment imposes the obligation on the Commonwealth to act
as a trustee to conserve and maintain Pennsylvania's public
natural resources. Every Commonwealth administrative agency,
independent board and commission, and every local government body
has the responsibility to carry out the requirements of the ERA.

The networking mechanisms provide an avenue of legal enforcement
to ensure State agencies, boards and commissions comply with the
program's enforceable policies and an avenue of administrative
enforcement to ensure compliance with the program's nonregulatory
policies.

Networked Authorities

Networking in Pennsylvania is facilitated by the fact that all
authorities needed to implement the program's regulatory policies
and many of the authorities needed to implement the program's
nonregulatory policies are housed in the Department of
Environmental Resources (DER). The Department of Environmental
Resources is the lead agency for implementing and administering
the Coastal Zone Management Program and the single State agency
for receiving and administering Coastal Zone Management grants.
These authorities are as follows:

Regulatory Authorities

1. Bluff Recession and Setback Act, Act of P.L.
P.S. Section - et seq.)

2. Dam Safety Act, Act of November 26, 1978, PoL. 1375,
as amended, (32 P.S. Sections 693.1 et seq.)

11-4-4

3. Floodplain Management Act, Act of October 4, 1978,
P.L. 851 (32 P.S. Sections 679.101 et seq.)

4. Clean Streams Law, Act of June 22, 1937, P.L. 1987, as
amended, (35 P.S. Sections 691.1 et seq.)

5. Pennsylvania Solid waste Managemenr- Act, Act of
July 31, 1968, P.L. 788, as amended, (35 P.S.
Sections 6001 e-t seq.)

6. Air Pollution Control Act, Act of January 8, 1960,
P.L. (1959) 2119, as amended, (32 P.S. Sections 4001
et seg.)

7. Radiation Control Act, Act of January 28, 1966,
P.L. (1965) 1625 (73 P.S. Section 1301 et seq.)

8. Gas operations Well-Drilling Petroleum and Coal Mining
Act, Act of November 30, 1955, P.L. 756, as amended,
(52 P.S. Sections 2101 et soek-4.11

9. Pennsylvania Sewage Facilities Act, Act of January 24,
1966, P.L. (1965) 1531, as amended, (35 P.S.
Sections 750,. 1 et seq.)

Nonregulatory Authorit*

1. Soil Conservation Law, Act of May 15, 1945, P.L. 547,
as amended, (3 P.S. sections 849 et seq.)

2. Open Space Lands, Act of January 19, 1968, P.L. (1967)
992 (32 P,.S. Sections 5001 et 2eq.)

The' remainder of the authorities needed to implement the
program's nonregulatory policies are either State authorities
applying to all agencies, or authorities adminisr-ered by State
agencies that have been networked under the program. The
authorities are as follows:

State Authorities ApplyinSL to all Agencies

1. Article 1, Section 27 of the Pennsylvania Constitution

2. Administrative Code of 1929, Act of April 9, 1929,
P.L. 177, as amended, (71 P.S.. Secr-ions 510-1 et seq-)

3. Open Meeting Law, Act of July 19, 1974, P.L. 486
(65 P.S. Sections 261 et seq.)

Networked State Agencies' Authorities

1. Fish Law of 1959, Act of December 15, 1959, P-L. 1779,
as amended, (30 P.S. Sections 20 et seq.)

11-4-5

2. Historic Preservation Act, Act of November 22, 1978,
P.L. 160 (71 P.S. Sections 1047.1(a) !@tt seq.)

3. The Commerce Law, Act of May 10, 1939, No. 51,
P.L. 111, as amended.

Networked Agencies and Intradepartmental Offices, Bureaus and
Divisions - The following lxst contains the Department of
Environmental Resources's offices, bureaus, and divisions that
have been networked into the management program. A description
of their activities is contained in Appendix C-

1. office of Chief Counsel

a. Bureau of Regulatory Counsel
b. Bureau of Litigation
C. Bureau of Legal Services

2. office of Environmental Protection and Regulation

a. Bureau of Solid Waste Management
b. Bureau of Water Quality Management
C. Bureau of Air Quality Control

3. office of Resources Management

a. Coastal Zone Management Branch
b. Bureau of Resources Piogramming
C. Bureau of Design
(1) Division of Recreational Facilities
(2) Division of water Control Structures
d. Bureau of operations
e. Bureau of Soil and Water Conservation
(1) Division of Soils Resources and Erosion
Control . .
f. Bureau of State Parks
9- Bureau of Dams and waterway Management
h. Bureau of Topographic and Geologic Survey

The following is a list of departments and commissions exclusive
of the Department of Environmental Resources (the lead agency)
which have been networked together under the auspicies of the
Coastal Zone Management Program. For a description of how they
will be utilized in the furtherance of coastal zone management
goals and policies, see Appendix C.

1. Department of Commerce

2. Department of Community Affairs

3. Department of Transportation

4. Pennsylvania Fish Commission

11-4-6

5. Pennsylvania Historic and Museum Commission

6. Public Utility Commission

PROGRAM MONITORING AND EVALUATION

Executive order (No. and Date) designated the Department of
Environmental Resources, Coastal Zone Management Branch, as the
lead agency for implementing and administering tne Coastal Zone
Management Program in Pennsylvania. The Coastal Zone Management
Branch is responsible for monitoring and evaluating activities
pertinent to coastal zone management, and ensuring compliance
witn the program's enforceable policies. The following
mechanisms will be used by the Coastal Zone Management Branch to
monitor pertinent activities in the coastal zones.

Permit Process

The permit process in Pennsylvania provides an established legal
and institutional mechanism for the monitoring of the program's
regulatory policies.

DER Administered Permits - Review of applications for permits by
the Coastal Zone Management Branch is the primary mechanism used
for monitoring compliance with the regulatory policies of the
management program implemented by the Department of Environmental
Resources. The Coastal Zone Management Branch wiil utilize the
following procedures to ensure early coordination and
consultation with the regional and central offices of the
Department of Environmental Resources, on the issuance of all
air,, water, solid waste, dams and encroachments permits affecting
uses subject to management by r-he program:

1. Regional office Permits - Permits issued by regional
offices, that will be monitored, include water, air
and solid waste permits. They will be monitored in
the following manner:

a. The Coastal Zone Management Branch will receive
a copy of the form #1 (permit coordination form)
following composite review and comment by
regional staff. A general project description
will accompany the form #1 to provide this
office with a better understanding of the scope
of the eroject.

b. Along with form #1, a copy of the
acknowledgement letter will also be sent to this
office at the time the letter is processed to
the applicant.

11-4-7

C. Any additional discussion or information needed
concerning an application will be provided to
the Coastal Zone Management Branch upon request.
This may include copies of the application
and/or discussion by telephone with regional
staff and Coastal Zone Management staff.

d. Any major concerns over an application affecting
the Coastal Zone Management Program will be
addressed in writing to the regional office.
Concerns rejected by the region will involve
further discussion by regional director and the
Coastal Zone Management Program Manager for
resolution. If these actions fail to resolve
the differences, conflict resolution mecrianisms
as described later in this chapter will be
utilized.

e. This process runs concurrently within the
established permitting process and is executed
within the established time frame of 60 days.

Figure iv-1 graphically depicits the permitting process utilized
for regional office permits.

2. Central Office Permits - Permits issued by the central
office of the Department of Environmental Resources in
Harrisburg that will be monitored are Dams and
Encroachments permits. They will be monitored in the
following manner:

a. All applications for permits in the coastal
zone, pertinent to uses subject to management,
will be brought to the attention of the Coastal
Zone Management Branch by the Bureau of Dams and
Waterway Management via telephone or memorandum
for review and comment by the Coastal Zone
Management Program Manager.

b. information provided to the Coastal Zone
Management Branch will include project type,
location, and description.

C. If it is determined that the proposed action has
no adverse affect upon coastal resources and if
it is consistent with the Commonwealth's
enforceable policies, the Coastal Zone
Management Program Manager will notify the
Bureau of Dams and Waterway Management of such,
via form letter.

d. if it is determined that the project will have
an adverse affect upon coastal resources or if
it is not consistent with the Commonwealth's

11-4-8

R E G 1 0 N A L P E R M I T R E V I E W F L 0 W P R 0 C E S S
Application Figure Iv-1
Received

Application No Application
complete Returned to Applicant

5 days
Permit Coordination Copy of Permit Coordination Bureau(s) Proc Iess Maximum Permits CoordinaLud
Form Prepared Form sent to C71,1B for project Application and Prepares 60 days by Regional Director
affecting coastal zones Permit Prior to Issuance

5 days
Application Reviewed CZMB requests application
by Interested Bureaus review If project concerns 2 days
(CZMB) [are apparent

5 days
Comments Seut to If concerns exist, CZMB tice of Permit
Regional Director 1.4 meets with regional. office suance or Denial
applicant to resolve t to Applicant
any concerns

Regional Director
Acknowledges Receipt
of Application

F. inistrative 0 Appeals Through
r'rdw
Mo Notice of Receipt of I C rt y
Hultiple Permits to Resolve 3rd Pa Environmental fleariug
are Required Application Published ro test Board
in PA Bulletin LP - - - - - - - -
L -J

Yes

Regional Director Sends plicaut Completes Applic tions
Ap 11-@@
r.@
L
rN- R @et.. dt,4
5 @day Copy of P.
i
,or . eut I
ff.,
_tJ ng

@Apl i-
Required Application to Applications and Returns Comp lete
Applicant to Regional Director

FIGURE iv-2
CENTRAL OFFICE PERMIT REVIEW FLOW CHART
BUREAU OF DAMS AND WATERWAY MANAGEMENT (DER)

OWNER BDWM BDWM
s Yes Application number
iSubmit application Application Application assigned Pa.
and plans property executed Acceptable Bulletin

CZMB BDWM Review
Other Agency Review

Pro .ect review
CZMB contracted for" Application review J
application affect-1 and evaluation evaluation and
ing coastal zones comment through
form one process

CZMB BDWM BDWM
CZMB requests Preliminary As required
application review Public hearing
Determination and
if project concernsl Review
are apparent

BDWM - Bureau of Dams and Waterway
Management
Other Agency Review - State Level BDWM BDWM EHB
Regulatory Programs (Air Quality,
Publish in Pa. Bulle- Appeals through
@
App Isation Ye
lic

cc
Aepta>ble

Water Quality & Solid Waste) Permit Action !tin. Mail to appli- _%@-Environmental
Pennsylvania Fish Commission cant w/copies to Heaiing Board (EQB)
CZMB Pa. Coastal Zone Management Branch other agencies as
required.

enforceable policies, arrangements will be made
by the Coastal Zone Management Branch to meet
,with the Bureau of Dams and Waterway Management
to discuss and attempt to resolve any concerns
that are raised.

e. Three possible actions can occur as a result of
the meeting: either the Coastal Zone Management
Program Manager's concerns can be addressed and
he will then issue the form letter mentioned
in c. above; the permit issuer will deny the
permit based on the Coastal Zone Management
Program Manager's concerns; or no agreement may
be reached and the process of a conflict
resolution will be initiated.

f. This process - runs concurrently with the
established permitting process and is executed
within the established time frame of 60 days.

Figure iv-2 graphically depicits the permitting process utilized
for central office permits.

3. Locally Administered Permits - Compliance with two
enforcement policies will be monitored via permitting
delegated to local governments. Local governments are
required to develop and adopt State approved
permitting programs covering activities in floodplains
and bluff recession hazard areas. State criteria and
standards contain prov 'isions for periodic inspections
to assure that the affected municipalities are
enforcing the programs in a uniform and coordinated
manner and are in compliance with the intent of the
acts. This enables the Coastal Zone Management Branch
to monitor these activities with respect to compliance
with the policies of the Coastal Zone Management
Program.

a. Floodplain Management - This Act requires local
governments to qualify for the Nationai Flood
Insurance Program. Municipalities identified by
the Department of Housing and Urban Development
as having areas subject to flooding are required
to develop zoning ordinances, subdivision
regulations, building codes, and other special
purpose ordinances which will minimize the
effects of flooding on life and property. The
Act places joint responsibility for
administration with the Depar-cment of Community
Affairs and the Department of Environmental
Resources and specifies penalties for failure to
comply. The Coastal Zone Management Branch will
assist the Department of Community Affairs when
request,ad in review of municipal implementation

11-4-9

and administration of local ordinances to
ascertain compliance or noncompliance with any
applicable floodplain management regulations.
The Department of Environmental Resourcesis
assistance in the review is predicated upon the
provisions of the Floodplain Management Act.

b. Bluff Recession and Setback Act - Requires
communities designated as having biuff recession
hazard areas to develop and submit to the
Department of Environmental Resources bluff
setback ordinances that meet the minimum
requirements of the Act. Regulations developed
pursuant to the Act require the Department to
review municipal implementation and
administration of the local ordinance at least
once a year to verify that the municipality is
providing uniform and coordinated enforcement of
the bluff setback ordinance.

Project Review Process

The following mechanisms will be used to monitor and evaluate
activities pertinent to coastal zone management that do not
require a permit and will also be used to help ensure that the
Coastal Zone Management Branch is aware of all pertinent
permitting activities.

1. Pennsylvania B ulletin - is the official gazette of the
Commonwealth of Pennsylvania. It contains notices,
regulations, and other documents filed with the
Legislative Reference Bureau and supplements the
Pennsylvania Code - a loose-leaf codification of
administrative regulations, legislative documents,
court rules, and home rule charter documents.

2. The A-95 review process established by the
Intergovernmental Cooperation Act of 1968 provides for
a network of State and areawide clearinghouses for the
purposes of reviewing and commenting on all notices of
intent to apply for Federal aid in Pennsylvania. The
parpose of the review process is to provide Federal
cooperation with State and local governments in the
evaluation, review, and coordination of Federal and
Federally assisted programs and projects.

3. Federal Environmental Impact Statement Process - All
Federal, State, and local projects involving the
expenditares of Federal funds will be monitored via
the Environmental impact Statement process. This
process is incorporated in the A-95 review process.

11-4-10

4. Proiect Review and Evaluation Process (PREP)
Departmental PREP review is an internal departmental
review of departmental actions. In addition,
extradepaxtmental activities are channeled into the
PREP process for departmental review. The following
are the types of departmental and extradepartmental
projects processed through the review system.

a. Applications for' Federal Categorical Funds, OMB
Circular A-95, Part I

b. Direct Federal Development Projects, OMB
Circular A-95, Part II

C. National Environmental Policy Ac-E Documents
(E.I.A.'s negative declarations and EIS's)

d.. State Plans, 01MB Circular A-95, Part III

e. Multijurisdictional Area Planning Coordination
Agreements, OMB Circular A-95, Part IV

f. Park Projects Funded Under Pennsylvania's
Project 500

9- Act 120 Transportation Projects

h. Federal Regulations

i. Intra-Department.al Project Reviews to resolve
internal differences

As described earlier in this report, all applications
for Federal aid requiring A-95 clearance generated
within the Department of,Environmental Resources are
subject to an internal review. This review is
designed to resolve internal differences before the
application is submitted to the State Clearinghouse.

These nine project types constitute the range of
projects currently being reviewed through the
Department's project review system. One of the assets
of the project review system is that it can be used to
accommodate a variety of new project or program types.
The most important features of the program are the
procedures which obtain input from the various bureaus
in the Department and provide for resolving
differences that end in formulating a single
departmental position. Because of this, PREP provides
� rather flexible mechanism that can be used to review
� variety of projects, proposals, and plans.

5. Water Resources Policy Advisory Committee (WRPAQ - Is
a statewide level water resources advisory committee

11-4-11

which advises the Department of Environmental
Resources on legal, institutional, and policy issues
regarding water planning management.

6. The Coastal Zone Advisory Committee - Whose membership
and activities are described in Chapter 5.

7. The Coastal Steering Committees - Whose membership and
@@c_tivities are described in Chapter 5.

CONFLICT RESOLUTION

The Pennsylvania Coastal Zone Management Program is designed to
balance the protection and preservation of coastal resources with
use and development. Because of the scarcity of space in the
coastal zone, conflicts often arise over uses. To resolve the
conflicts, Pennsylvania will use a set of existing legal and
administrative mechanisms. These mechanisms will provide-
Federal, State, regional, and local agencies, as well a.s citizens
and special interest groups a'forum to express their views, enter
into the decision-making process and challenge actions of the
Coastal Zone Management Program. It is anticipated that most of
these potential conflicts will be resolved through informal staff
meetings. However, in the event that these informal meetings do
not resolve the conflict, legal and administrative processes are
available.

The actions of the prog ram to which legal or administrative
conflict resolution mechanisms may apply are:

1. Legislative initiatives

2. Rule making and formal designations pursuant to
existing state authority

3. Permit issuance or denial

4. Findings of inconsiste ncy of agency actions with
policies of the Coastal Zone Management Program

5. Failure to enforce the Coastal Zone Management Program

6. Administrative decision-making

The legal mechanisms include the:

1. Legislative process

2. Environmental Quality Board

3. Environmental Hearing Board

11-4-12

4. citizen suits to enforce Article 1, Section 27 of the
Pennsylvania Constitution

5. Judicial procedures pursuant to State statutes

6. Judicial procedures pursuant to local administration
of State statutes.

The Administrative mechanisms include:

1. Interdepartmental resolution

2. Intzadepartmental resolution

Legal conflict Resolution

The purpose, structure, and means by which agencies, individuals,
and groups can become involved in the legal processes are
discussed in the following sections.

Legislative Process

interested parties are notified of proposed bills via special
mailings by the House in which the bill originated, news
releases, and T.V. and radio coverage. The public may express
their concerns directly at committee hearings on the proposed
legislation, or may express their concerns to committee members.
All sessions of either House where legislation is acted on is
open to the public. All committee meetings are open to the
public, and all during the legislative process anyone can make
his interests known by contacting any elected member of the
legislature.

Environmental Qualit Board

The purpose of the Environmental Quality Board (EQB) is to
propose and adopt regulations to implement State authorities
administered by the Department of Environmental Resources (DER).

By law, the EQB is comprised of -the Secretaries of Agriculture,
Commerce, Community Affairs, Environmental Resources, Health,
Labor and industry, and Transportation; the Executive Directors
of the Fish Commissioh, Game Commission, Historical and Museum
Commission, and State Planning Board; the Chairman of the Public
Utility Commission; four members of the General Assembly, and
five members of the Department of Environmental Resources's
Citizens Advisory Council. The Secretary of Environmental
Resources serves as chairman.

There are three opportunities for a person (person is defined as
"any individual, partnership, association, corporation, political
subdivision, municipal authority, or other entity") to enter the
EQB rulemaking process. These axe:

11-4-13

1. Proposal of Regulations Any program unit, the EQB,
the Environmental Hearing Board, any staff member of
such boardst official of the Department of
Environmental Resources, legal counsel (which includes
the Chief Counsel or any member of his staff) or a
member of the public may propose regulations to
implement state authority. Presentation of proposed
regulations to the EQB must be made by legal counsel
of the Department of Environmental Resources. The
EQB, at its discretion, will determine whether the
proposed regulations shall be rejected, considered for
adoption, or returned to the person or unit initiating
,the proposed regulations for resubmission at a later
date..

2. Public Hearing on Proposed Regulations - Proposed
regulations which are considered for adoption by the
EQB will at the discretion of the EQB, unless
otherwise mandated by law, be subject to public
hearings. Public notice of the hearing is generally
provided 30 days in advance of the hearing in the
Pennsylvania Bulletin. However, this notice of
hearings is subject to the discretion of the EQB.

3. Written Testimony on Proposed Regulations - Agencies,
individuals, and groups unable to attend a public
hearing(s) on proposed'regulations have an opportunity
to express their reviews in writing to the EQB during
the period of public notices prior public hearing(s)
and for a period of time after the public hearing(s).
The length of these periods in which the record is
open for written testimony is subject to the
discretion of the EQB and is so stated in the
Pennsylvania Bulletin. Generally, the period to
receive written testimony remains open 30 days after
completion of public hearing(s).

Following formal adoption of the regulations by the EQB, any
aggrieved person would have to challenge the applicability of the
regulations to the Environmental Hearing Board. This process is
reviewed in the following section.

Environmental Hearing Board

The purpose of the Environmental Hearing Board (Board) is to hold
hearings and issue adjudications on actions of the Department of
Environmental Resources. An "actionif is defined as an order,
decree, decision, determination or ruling by the Department
affecting personal or property rights, privileges, immunitiesl
duties, liabilities or obligations of any person, including but
not limited to, denials, modifications, suspensions and
revocations of permits, licenses and registrations; orders to
cease the operation of an establishment or facility; orders to
correct conditions endangering waters of the commonwealth; orders

11-4-14

to construct sewers or treatment facilities; orak;!rs to abate air
pollution; and appeals from and complaints for the assessment of
civil penalties. This includes actions of the Pennsylvania
Coastal Zone Management Program. The membership of the Board
consists of its Chairman and two members appointed by the
Governor.

Any "person" aggrieved by an action of the Department of
Environmental Resources may enter the appeals process by
addressing the specific objections to the action of the
Department of Environmental Resources in writing. Upon receiving
the appeal, the Board shall provide notice in the Pennsylvania
Bulletin and the opportunity for any "person" to provide
pertinent testimony. "Person" refers to anyone except the
applicant, appealee, plaintiff, dependent or intervenor.

Upon completion of the hearing process, final orders of the Board
will be issued.

The appelant may appeal the decision of the Board to the
Commonwealth Court provided the appeal is filed 30 days after
final orders of the board. Further appeal to tne Pennsylvania
Supreme Court is a matter of judicial discretion. Petitions for
allowance for appeal to the Supreme Court must be filed within 30
days after the decision of the commonwealth Court.

Citizen suits Under the Environmental Rights Amendment -
Article 1, Section 27 of tiie-Pennsylvania constitution provides
that:

"The people have a right to clean air, pure water, and to
the preservation of the natural, scenic, historic and
aesthetic values of the environment. Pennsylvania's public
natural resources are the common property of all the people,
including generations yet to come. As trustee of these
resources, the Commonwealth shail conserve and maintain them
for the benefit of all people."

The section was placed in Article 1, the portion of the
Constitution which guarantees political rights such as due
process, freedom of speech, and freedom of religion to
Pennsylvania citizens. 'The amendment creates important personal
"environmental rights" which citizens can assert on their own, if
necessary, in the courts. The remaining portion of the amendment
imposes duties on the Commonwealth to act as trustee to "conserve
and'maintain" Pennsylvania's "public natural resources".

When citizens bring suit in Commonwealth court against the
Commonwealth or its representatives for actions that are
challenged as impioper under Article I, Section 27, the court has
developed a three-fold test to resolve the issue. This test,
evolved from the Payne vs. Kassab Commonwealth Court decision and
has become the standard test used in all subsequent court

11-4-15

decisions. The test asks three basic questions to resolve the
issue:

1. Was there Compliance with all applicable statutes and
regulations relevant to the protection of the
Commonwealthis public natural resources?

2. Does the record demonstrate a reasonable effort to
reduce the environmental incursion to a minimum?

3. Does the environmental harm which will result from the
challenged decision or action so clearly outweigh the
benefits to be derived tnerefrom. that to proceed
further would be an abuse of discretion?

Judicial Procedures Pursuant to State Administration of state
Statutes - The Pennsylvania Coastal Zone Management Program
relies in part on seven legislative acts, which delegate
administration of the acts to the Department of Environmental
Resources. These are the Dam Safety Act, Clean Streams Law,
Solid Waste Management Act, Air Pollution Control Act, Radiation
Control Act, Gas Operations Well Drilling Petroleum and Coal
Mining Act, and Sewage Facilities Act. These acts provide that
the Department of Environmental Resources may institute suits in
law or equity to abate violations of either the act or
regulations. These suits are instituted in Commonwealth Court.
Appeals from such suits are taken, as a matter of right, to the
Pennsylvania Supreme court. Such appeals must be filed within 30
days following the decision of the Commonwealth Court.

Judicial Procedures Pursuant to Local Administration of State
Statutes - The Pennsylvania C6-astal Zone Management-Program
relies -in part on two legislative acts which delegate
administration of State authorities to local governments. These
are the Floodplain Management Act and the Bluff Recession and
Setback Act. Both laws provide that the Department of
Environmental Resources or any affected county, municipality or
aggrieved person may institute suits in law or equity to abate
violations of either Act or regulation. These suits are to be
instituted in the Commonwealth Court. Appeals from such suits
are taken to the Pennsylvania Supreme Court as a matter of right.
Such appeal must be filed within 30 days following the decision
of the Commonwealth Court.

Persons may become involved in the administration of the
Floodplain Management Act and the Bluff Recession and Setback Act
at the local level according to the formal provisions of the
Pennsylvania municipalities Planning Code or other applicable
enabling legislation.

Persons have two opportunities to become involved in the local
administration of these statutes. These are:

11-4-16

1. Public hearings prior to enactment of local zoning
ordinances,.

2. Appeals on the validity of local zoning ordinances or
the application of these ordinances. (see
Figure iv-3.)

Administrative Conflict Resolution

Through the use of the monitoring mechanisms described in this
chapter, the Coastal Zone Management Branch, hereinafter the
Branch, wili be informed of all major activities in the coastal
zones.

most decisions and actions of the Pennsylvania Coastal Zone
Management Program will occur at the staff level. Occassionally,
there may be instances when intra- and interagency staff level
discussion may not produce agreement on an action that is taken
or proposed to be taken by the Program. On these occassions, it
may be necessary for the heads of agencies to administratively
resolve these conflicts.

Intradepartmental Conflict Resolution

When the Branch is informed of an activity (not requiring
Department permits), it will contact the appropriate bureau and
request detailed information on the activity. This detailed
information will include drawingst activity descriptions,
proposed time frames for completion and any other information
that may be required to evaluate the activity. on receipt of
this information, the Branch will notify the chairman of the
appropriate coastal zone steering committee of the proposed
activity and request that he and his committee provide the Branch
with their opinion of the activity. The Branch will also review
the activity for consistency with the program policies. If the
review by the Branch and the coastal zone steering committee
indicate that the activity is consistent with the program, the
Branch will indicate this fact to the bureau. The Branch will
continue to monitor the activity for continued compliance with
the program.

In the event the activity is found to be inconsistent, the
Program Manager will schedule a meeting with the appropriate
bureau to discuss and resolve the conflicts. If this meeting
does not resoive the conflicts, a meeting will be scheduled with
the Deputy Secretary for Resources Management to assis-c. in
resolving the conflict.

The Branch is located in this Deputate; and for conflicts between
the Branch and any bureau of this Deputate, the Deputy Secretary
will resolve the conflict.

11-4-17

Figure iv-3

A 11 PE A 1. S 11 R 0 C F S S

"Person" aggrieved by C0,91ty. Mmicipality
I Zolli..b .......
"actim" of Mixil-tillent or person aggrieved a- Dep"11,11wil, of A!.:,I,,i,"Y. Clikility,
US Pa.Code Chapter 21) by violation of State liesources's jloicial or Y ,I' I1tizell
Regulatory Authority (Plasi ju'licial mocccdilj@j, :mit 1*01, Violation of
(Statutory) Bluff I for violation o f l(wal Arlick: 1. Section 27
Recession alo setback 111cfects in process Ialklowner slibstalitivc Persoll aggriLved by a administration ol, Bluff
Act. Floodplain ur enactmunt or challenge to validity Ilse or developilbulat Recession ago sciback
I'Llouluncut Act adoption of any of 01-jiliallce Permitted oil tile L11161 Act. Floodplailt
ordillance of "motiles. Chat lem, ille Act
substz"Itive validity
(N)t ion of ordinance
W-Pill-IMICUt of 1:11VIUMMUL'Illid
Resotirces's jl1diL-ijjl OF
41tlaSi judicial Pk'k@Cccjijjg
Ap!wal I)v Iiii-lit Killicipality Or Plawling for violation Of slate
Agency statutes

talujAmner chal1mg,ing Persons @Jggrievw by Ilse
Civil Re"y Action decision which restricts Uf allot.her Challenging
Ilse of land he has all decision @Alicll permits
Ptirsuant to State interest ill as culltral.
Statute to provisiolls of y Ilse oil groutids that
decision is contrary to
ordinance provisiol s 4)f ol-,Ijlwjlcc

hwirignimital lk-arin
lJou rd Optical
j7ulling Ilearine IL
Actiolks I1j,j!;jkjj
Appeal by Right Amwul by Right SIMe !;j.jIjjtL,
tkitirt of 011111oll Pleas

Allijual by Itight,
-:1 Ilk C(Im

scrot iona I-V Supruw. Colirt, Alilwal by Itight
'0111fluillivaltit 4.1f Pellasylvallial
IL(C.
-Y

If the conflict is with a bureau in another Depu.ate, the Deputy
Secretary for Resources Management will request a meeting with
the appropriate Deputy Secretary to resolve the conflict. if
this meeting fails to resolve the conflict, the Deputy Secretary
for Resources Management will request a meeting with the
Secretary of the Department of Environmental Resources to resolve
the conflict. The Secretary will issue a decision that is
administratively binding on all parties involved in the activity.
(see Figure iv-4) .

Interdepartmental Conflict Resolution

The first steps of this process are identical to the
intradepartmental conflict resolution process. The major
difference in the two processes occurs when an activity is
proposed by another state agency and is determined to be
inconsistent. In this event, the Program manager for the Branch
will meet with the appropriate representatives from the agency to
resolve the conflict. If the meeting fails to resolve the
conflict, the Program Manager will request that the Deputy
Secretary for Resources Management schedule a meeting with
appropriate representatives of the agency to resolve the
conflict.

If this meeting fails to resolve the conflict, the Deputy
Secretary for Resources Management shall contact the Secretary of
the Department of Environmental Resources and request that a
meeting be scheduled with the appropriate representatives of the
agency to resolve the conflict. If this meeting also fails to
resolve the conflict, the Secretary of the Department of
Environmental Resources may request the Governor to review the
conflict and issue an order resolving the conflict. This order
will be administratively binding on all parties under the
Governor's jurisdiction. (see Figure iv-5.)

11-4-18

Figure iv-4

DER AEMINISTRATII@E CONFLICT RESOLLMON
FOR NONENFORCE.ABLE POLICIES

C--'-IB Not4fied of
Proposed'Activi ty
in Coastal :one
through monitoring
process

CZMB Contacts
Appropriate DER Bureau
Request Information on
Activity

Notification to Chairman
of Appropriate Steering
Committees of Pending
Activity Requesting
Comments

C3M Reviews Activity
for Consistency with
Program Policies

Activity Verified Meeting Resolves Activit@ Verified
Inconsistent; Meeting Conflicts, Activity Consistent; Activity
Scheduled Between Modified Mohitored-for Continued
C-ZMB and Bureau Staff Compliance
involved in activity

Meeting Does Not Re
Conflicts

C"'MB Contacts Deputy Secretary
for Resources Management
Meeting Scheduled with Appropriate
c
Deputy Se retary to Resolve Conflicts*

Meeting Does Not Resolve
Conflicts
I
1
CBS through Deputy Secretary
for Resources Management
Requests Meeting with DER
,Secretarv to Resolve Conflict

The C'ZMB is located in the Offices of Resources Managenent of the DER.
Therefore, the Deputy Secretary will resolve conflicts between Bureaus
in this Deputate and CZ@M.

Figure iv-5

STATE AGENCY UMINISTRATM CONFLICT RESOLUTION
FOR NONUNTORCEABLE FrLIC. ES

C*-7\M Notified of
Proposed Activity in
Coastal Zone Through
Monitorina P
rocess

C:ZvM Contacts Appropriate
Agency to Request Information
on Activitv

Notification to Chairman
of Appropriate Steering
Committees of Pending
Activity Request for
Comments

CZN(B Reviews Activity
for Consistency with
Program Policies Activity Verified
Consistent, Activity
Monitored for Con-
tinued Compliance
Activity Verified Inconsistent; Me ting Resolves
Meeting Scheduled Between CLNIB Conflicts, Activity
and Agency Staff involved in Modified
activity

Meeting Does Not Resolve
Conflicts

C"_,MB Cont ts Deputy Secret ary
ac
for Resources Management
Meeting Scheduled with
Appropriate State Agency
Representative to Resolve
Conflict

Meeting Does Not Resolve
Conflicts

C:MB, through Deputy Secretary
for Resources Management, Requests
Scheduling of Meeting Between DER
Secretary and Appropriate State
Representatives to Resolve Conflict

Meeting Does Not Resolve
Conflicts

DER Secre ary and Stat Agency
t e
Representative Request Meeting
with Governor to Resolve Conflict

Chapter 5

Intergovernmental/
Public Coordination
and Review

INTRODUCTION

This chapter presents the institutional and administrative
mechanisms that will be utilized to coordinate with and review
activities of various governmental units as well as the public.
The coordination and review activities are presented at the
Federal, interstate, State and local levels. Plan coordination
(Section 306(c)(2)(A) of the Federal Coastal Zone Management Act)
has been handled through these mechanisms at the interstate,
State and local levels. Plan coordination entailed the
coordination of the management program with pertinent local,
areawide, and interstate plans, which included; plans prepared
pursuant to the Housing and Urban Development Act of 1968, the
Clean Water Act, the Flood Insurance Act, regional and interstate
highway plans and fishery management plans.

FEDERAL COORDINATION ACTIVITIES

Federal Agency Consultation

The preparation and implementation of the Pennsylvania Coastal
Zone Management Program included the development of.processes and
mechanisms designed to facilitate coordination between various
Federal agencies and the management program, and ensure that the
national interest is adequately considered in coastal decision-
making. These mechanisms are designed to help resolve conflicts
between various programs, projects and plans..

Pennsylvania began the process of Federal Involvement in April of
1975. Since that time, the Coastal Zone Management Branch has
requested input on the program from Federal agencies and the
appointment of a Federal contact who would be responsible for
coordinating Pennsylvania's coastal 'zone management activities
with the Federal agency. The list of Federal agencies and
bureaus include:

1. U.S. Department of the Interior

a. National Park Service
b. Fish and Wildlife Service
C. Bureau of Land Management
d. Bureau of Mines
e. Heritage Conservation and Recreation Service
f. Geological Survey

2. U.S. Department of Defense

a. U.S. Navy
b. U.S. Air Force
C. U.S. Army Corps of Engineers (Philadelphia and
Buffalo Districts)

11-5-1

3. Federal Energy Regulatory commission

4. Energy Research and Development Administration

5. Environmental Protection Agency

6. General Services Administration

7. Department of Housing and Urban Development

8. Federal Energy Administration

9. U.S. Department of Transportation

a. Federal Highway Administration
b. Federal Railroad Administration
ce Federal Aviation Administration
d. U.S. Coast Guard (9th District, Cleveland, Ohio;
3rd District, New York, New York)
10. U.S. Department of Commerce

a. Maritime Administration
b. Economic Development Administration
C. National Marine Fisheries Service
d. National oceanic and Atmospheric Administration
e. National Weather Service

11. U.S. Department of Agriculture

a. Soil Conservation Service
b. Forest Service

12. U.S.' Department of Health, Education and welfare

13. Mid-Atlantic Fisheries Management Council

A summary of all input received from Federal agencies is
presented in Appendix C. This established mechanism of
Federal/State coordination and consultation will be continued
throughout program implementation and will provide the State with
an early warning mechanism of pending and/or continuing Federal
program activities. A list of Federal activities, permits, and
funding programs to be reviewed with respect to consistency with
the Pennsylvania Coastal Zone Management Program, along with
mechanisms for review and comment, will be presented in the next
section. As Federal activities change or are modified, this list
will be updated to reflect the changes. Final changes will only
be made after receiving an acknowledgement from the Federal
agency of the proposed change.

other mechanisms to help achieve adequate Federal/State
consultation will be the utilization of the Federal A-95 review
process, review of Environmental Impact Statements issued in
response to the National Environmental Protection Act, and

11-5-2

multistate regional commissions. In Pennsylvania, because of the
separation of the coastal zones, two such commissions (the Great
Lakes Basin Commission and the Delaware River Basin Commission)
will be utilized. Since representatives of Federal agencies and
adjacent states including Pennsylvania are participants in these
multipurpose commissions, a forum for increased coordination and
representative decision-making is provided that can be
effectively utilized to further coastal zone management interests
and accomplishment of recommendations.

Federal Consistency

The Federal Coastal Zone Management Act requires that Federal
agency activities including development projects directly
affecting the coastal zone must be consistent with approved state
coastal zone management programs to the maximum extent
practicable. Federally licensed and permitted activities
described in detail in outer Continental Shelf (OCS) plans, and
Federal assistance programs to state and local governments must
be consistent with the Pennsylvania Coastal Zone Management
Program.

The Coastal Zone Management Branch, in the office of Resources
Management of Pennsylvania's Department . of Environmental
Resources, will be responsible for coordinating Federal
consistency review of these activities and concurring with or
objecting to the consistency determinations of Federal agencies
and consistency certifications of applicants for Federal licenses
or permits, or Federal assistance.

The following Federal activities or development projects,
activities requiring a Federal license or permitg OCS
exploration* development and production activities, and Federal
assistance to State and local governments, will be subject to
consistency procedures.

1. U.S. Department of the Interior

a. Proposed Bureau of Land Management OCS lease
sales.

b. Proposed National Park Service acquisition in or
directly affecting the coastal zones.

C. HCRS assistance for historic preservation,
waterfront redevelopment and state outdoor
recreation planning and development in or
directly affecting the coastal zones.

d. Proposed UOS. Fisheries and Wildlife
acquisitions in or, directly affecting the
coastal zones.

11-5-3

2. U.S. Department of Defense

a. U.S. Army Corps of Engineers dredge and fill
permits, channel works, breakwaters, erosion
control.

b., Structures, beach replenishment and dams in or
directly@ affecting the coastal zones and on or
in rivers directly discharging into coastal
waters.

3. Federal Energy Regulatory Commission

a. Permits for the construction and operation of
interstate gas pipelines and storage facilities
in or affecting the coastal zones.

4. Environmental Protection-Agency

a. Construction grants for wastewater treatment
works in the coastal zones.

b. Water pollution control and areawide waste
treatment program grants.

co Water pollution control state and interstate
program grants.

d. Air quality maintenance planning

5. General Services Administration

a. Location and design of proposed Federal
government property, acquisition and building
construction in or directly affecting the
coastal zones. . I
b. Disposal of surplus Federal lands in or directly
affecting the coastal zones.

6. Department of Housing and urban Development

a. 11701 Planning" open space and housing plan
development in or affecting the coastal zones.

b. Housing and Community Development Act (block
grants)

co Public housing acquisition and construction in
or directly affecting the coastal zones.

d. Administration of the Federal Flood Insurance
Program

11-5-4

e. Mortgage Insurance

7. U.S. Department of Transportation

a. Federal aviation administration airport planning
program and airport development aid program for
projects in or directly affecting the coastal
zones.

b. Federal highway administration highway research
planning and construction activities in or
directly affecting the coastal zones.

C. Federal railroad administration, activities
affecting railroad expansions, new construction
or abandonments in or directly affecting the
coastal zones.

d. U.S. coast Guard changes in regulations
affecting port and waterway safety, designation
of anchorage grounds and issuance of permits for
the construction and modification of bridges or
causeways in.navigable waters, and the location
of new or enlarged Coast Guard Stations, bases
and lighthouses within the coastal-zones.

8. U.S. Department of Commerce

a. Proposed activities relating to port development
and promotion an d intermodel planning grants.

b. Proposed port expansion planning assistance for
new terminals and harbors.

ce Grants and loans for public works and
development facilities in or directly affecting
the coastal zones.

d. Planning and technical assistance projects in or
directly affecting the coastal zones.

e. Public works impact program projects in or
directly affecting the coastal zones.

f. Emergency port planning program projects in or
directly affecting the coastal zones.

The preceeding list of Federal activities, permits, or assistance
projects requiring a consistency determination certification has
been compiled in part through Federal agency . consultation.
Because Federal agencies may engage in a variety of other actions
which could indirectly impact the land and water uses of the
coastal zone, the Pennsylvania Coastal Zone Management Branch
will review such actions by means of the A-95 process and

11-5-5

Environmental impact Statement process, and will request that
Federal agencies notify it if they are considering actions, such
as technical assistance to local governments for which A-95
review is not required. By reviewing Federal actions which may
affect the coastal zone directly or indirectly, comprehensive and
coordinated planning and 'decision-making by all levels of
government in the coastal zone will be reinforced.

Review Process for Assuring Consistency: The Pennsylvania
Coastal Zone Management Branch -1;=11 utilize the following
processes to verify consistency with previously mentioned Federal
agency action. These mechanisms will be modified if the Federal
consistency regulations promulgated by the Secretary of Commerce
mandate changes or if unforeseen deficiencies or conflicts arise
in utilizing this mechanism. Necessary changes made to correct
deficiencies or conflicts will be submitted to all Federal
agencies and bureaus, for comment. Following a reasonable review
period, all received comments will be evaluated and a new review
mechanism will be developed. This new mechanism will then be
utilized in the review of Federal actions requiring consistency.

The existing review mechanisms for consistency are as follows:

The Review of Federal Activities Including Development
Projects covers any Federal development project
involving the planning, construction, modification or
removal of public works, facilities, or other
structures, and the acquisition, utilization, or
disposal of land or water resources and any Federal
activities which may be classified as a residual
category covering Federal actions which are neither
development projects nor activities covered by the
Federal license, permit and assistance, or subparts of
the Federal consistency regulations.

At the earliest-practicable time, Federal agencies are
required to notify the State that they are planning to
undertake an activity or development project directly
affecting the coastal zones, and whether or not it is
consistent to the maximum extent practicable with
Pennsylvania's management program. The Federal agency
will communicate to the Department of Environmental
Resources its consistency determination through the
OMB A-95 review process, Environmental Impact
Statement process, and direct communication with the
Coastal Zone Management Branch. This consistency
determination will include a brief statement on how
the "proposed action will be undertaken in a manner
consistent, to the maximum extent practicable, with
the State's approved management program, a detailed
description of the proposed action, its associated
facilities, its combined coastal effects and will be
presented in sufficient detail to support the Federal
agency's consistency statement". As appropriate and

11-5-6

at the request of the Federal agency, the Department
of Environmental Resources's Coastal Zone Management
Program Manager will assist the agency in making the
consistency determination concerning the proposal.
Consistency determination will only be required to be
consistent with the program's enforceable policies and
to give consideration to those policies defined in
Chapter 2 as direct action or encouragment policies.

Upon receipt of the consistency determination and
other required information, the Coastal Zone
Management Branch will, in cooperation with other
appropriate State agencies and affected coastal
municipalities, review the consistency determination
and respond to the Federal agency within the time
period and in the manner prescribed by 15 CFR,
Section 930.41. Should the Coaszal Zone Management
Branch disagree with-the Federal agencyls consistency
determination and fail to resolve its differences with
the' Federal agency through personal meetings, the
Coastal Zone Management Branch will request mediation
by the Secretary of Commerce and will represent
Pennsylvania in the dispute settlement process
established by 15 CFR, Section 930.42-44 '. The Federal
agency will, after the mediation process, proceed with
its activities or revise them to 'comply with the
Pennsylvania program. Should Pennsylvania be
dissatisfied with the outcome of the dispute mediation
process, it may elect to pursue remedies in the
Federal courts.

Federal Licenses and Permits: Any individual or
organization, except a Federal agency, who files for a
Federal license or permit, approval or other forms of
permission to conduct an 'activity in or likely to
affect a statels coastal zone must certify consistency
with the approved State Coastal Zone Management
Program before the Federal agency will issue the
license or permit (15 CFR, Section 930.50 et seq.).
This section does not address licenses or consistency
requirements issues pursuant to the OCS Lands Act
(43 USC Section 1331 et geg.). To assist Federal
agencies and applican7ts in determining whether or not
licenses or permits for an activity will require a
consistency certification with the Pennsylvania
Coastal Zone Management Program, the following list of
licenses and permits is offered. it should be noted
that the list is not static, other permits and
licenses may be added as further needs are- indicated.
As this list is modified, the Coastal Zone Management
Branch will communicate the changes, to the
appropriate Federal agencies, and the Federal office
of Coastal Zone Management.

11-5-7

Environmental Protection Agency

water pollution control

Clean air

Nuclear Regulatory Commission

Licenses for nuclear generating stations, fuel
storage and processing centers.

Siting and operation of nuclear power plants
(state permits required)

Federal Energy Regulatory Commission

Licenses required for nonfederal hydroelectric
projects and associated transmission lines

Cer tificates required for the construction and
operation of natural gas pipeline facilities, defined
to include both -interstate pipeline and terminal
facilities.

Permission and approval required for the
abandonment of natural gas pipeline facilities

Department of Defense - Army Corps of Engineers

Excavation and fill permits, construction in
navigable waters

Discharge of dredge and fill material

Hazardous substances and materials

Department of Transportation

Construction and modification of bridges,
causeways in navigable waters (U.S. Coast Guard)

construction of airports

Any applicant requiring a Federal license or permit or
development of an Environmental Impact Statement for a
project that affects land or water uses in the coastal
zone should consult with the Coastal Zone Management
Branch to assure that the proposed activity will be
conducted in a manner consistent with the Coastal Zone
Management Program.

Persons or agencies required to obtain Federal
licenses or permits designated by the State as
requiring consistency review, or determined by the

11-5-8

Federal agency to require review bec.F-ise of effects on
land or water uses in the coastal zone shall: submit a
copy of the license or permit application to the
Coastal Zone Management Branch indicating that the
proposed activity will comply with and be conducted in
a manner consistent with the management program. Upon
receipt of the application, certification, and any
additional necessary information, the Coastal Zone
Management Branch will provide public notice including
requests for hearings and/or comments through the
Pennsylvania Bulletin.

In the case of an application for a permit or license
determined to require State consistency review, the
Department of Environmental Resources will make its
decision within 90 days of receipt of the
certification. if the Department of Environmental
Resources has not replied within 180 days of receipt
of the certification materials, concurrence will be
presumed. The consistency decision will, in either
case, be communicated to both the applicant and the
Federal agency, to which the permit application was
filed.

if the Department of Environmental Resources concurs
with the certification, the Federal agency may proceed
with normal processing of the application.

if a disagreement concerning a consistency
certification arises, the Coastal Zone Management
Branch will forward in writing to the applicant and to
the proper Federal agency the reasons the application
was determined to be inconsistent. The letter will
also include the appropriate recommendations for
making the application consistent with Pennsylvania's
program. if the disagreement continues, the
applicant, Federal representative, and the Coastal
Zone Management Branch.will meet at a mutually agreed
upon time and place to attempt to resolve the
differences. if this meeting fails to generate
positive steps towards solving the conflict, the
applicant may file an appeal with the Secretary of
Commerce within 30 days of receipt of the State's
objections. The Secretary of Commerce shall then
determine whether the activity is consistent with the
objectives of the Federal Coastal Zone Management
Program or is necessary in the interest of national
security. If the Secretary finds that the proposal
meets with either of these requirements, the Secretary
will approve the activity. If neither of these
requirements are met, then the Secretary shall notify
the Federal agency that it may not issue the permit.

11-5-9

Federal Assistance Program: The Coastal Zone
Management Branch.will review all Federal assistance
activities that will potentially affect the
environmental, economic, and social resources of the
Commonwealthis coastal zones. Monitoring of these
activities will be accomplished through the
utilization of the OMB A-95 review process. The
Coastal Zone Management Branch will be notified by the
Pennsylvania A-95 Clearinghouse, and also through the
Department of Environmental Resources's A-95 internal
Project Review Evaluation Process (PREP), of all
proposals that may potentially affect the coastal
zones.

The Coastal Zone Management Branch will. utilize the
Pennsylvania Bulletin as a check should the
Pennsylvania Clearinghouse fail to provide notice to
the Coastal Zone Management Branch of a pending
Federal assistance activity. in the event that the
Coastal Zone Management Branch determines that it was
not notified of proposed Federal assistance program
that will affect' the coastal zone, the Coastal Zone
Management Branch will notify the Pennsylvania A-95
Clearinghouse and request the appropriate information
needed to makea consistency decision.

In the case of planning and development assistance
applications, the 'Department of Environmental
Resources will forward the application and supporting
material to the identified coastal municipality and it
will have 30 days to review the application and
provide any comments on the activity. The State will
then have 30 days to make its consistency decision.
The State will prepare a consistency approval or
objection statement and send copies to the appropriate
clearinghouse and the applicant.

In responding through the Department of Environmental
Resourcests A-95 PREP review process, if the Coastal
Zone Management Branch does not object, the Federal
agency may proceed with the processing of the
application.

In the event the Coastal Zone management Branch does
object to the Federal agency's proposal, the coastal
Zone Management Branch will note its objection and
forward its reasons, supporting information and
alternative measures which will make the proposed
project consistent wi@-h the program through the
Department of Environmental Resources's A-95 internal
PREP to the Pennsylvania clearinghouse.

The Pennsylvania Clearinghouse will then notify the
applicant, State agency, and the Federal agency of the

11-5-10

Coastal Zone Management Branch-3 objection to
providing Federal assistance, and as a result- the
Federal agency may not provide the assistance.

The applicant- agency may appeal a negative decision;
first by contacting the Coastal Zone Management Branch
to arrange a meeting to discuss or clarify the intent
of the assistance and to resolve the conflicts; or
failing this approach, file within 30 days of.
receiving state notification of the objection, an
appeal to the Secretary of Commerce requesting review.
Following public notice, receipt of comments and in
@some cases a hearing, the secretary of commerce shall
determine whether or not the activity is consistent
with the objectives of the Federal Coastal Zone
Management Program,,.or is necessary in the interest of
national security. If the Secretary determines that
the activity meets-either of the above requirementss
the secretary shall approve the proposal. If the
Secretary feels that the activity does not meet either
of the two requirements, the Federal agency may not
provide the aid.

Outer Continental shelf Activities:. Exploration,
development or production activities requiring a
Federal license or permit and described in detail in
an OCS plan for any area which has been leased under
the OCS Lands Act (43 USC, Section 1331 et seq.), and
which affect the coastal zone, must be conducted in a
manner consistent with an approved state coastal zone
management program. The applicant submitting the OCS
development plans to the U.S. Department of the
Interior must provide a consistency certification.
The Department of the Interior will then forward a
copy of the OCS plan, excl 'uding privileged information
and the applicants consistency certification to the
Department of Environmental Resources. requesting an
opinion on the applicants certification.

The Department of Environmental Resources,, acting as
the representative of Pennsylvania, shall, at the time
it recelves the certification and necessary supporting
information, provide public notice in the Pennsylvania
Bulletin. This notice will include a summary of the
proposal and an announcement stating that comments on
this-proposal or requests for additional information
should be sent (made) to the Department of
Environmental Resources, Coastal Zone Management
Branch. In addition to utilizing the Pennsylvania
Bulletin, the Coastal Zone Management Branch will
contact the appropriate coastal community
representative and request comments concerning this
action be forwarded to the Coastal Zone Management
Branch. The Coastal Zone Management Branch will then

11-5-11

notify the Assistant Administrator and the Federal
agency of its decision.

The Department of Environmental Resources's coastal
Zone Management Branch will issue to the applicant and
the Department of the Interior a response within three
months of receiving from the Department of the
Interior the consistency certification and supporting
information.

In the event that the Department of Environmental
Resources objects to the,,consistency certification
made by the applicant, the Department will notify the
applicant, the Department of the Interior and the
Assistant Administrator of the reasons why the State
objects to the action. Additionally, the applicant
will be provided with the following: suggestions for
correcting the proposal so that it will comply with
the program, notice that the applicant may appeal to
the Secretary of Commerce,, and that the Coastal Zone
Management Branch in the Department of Environmental
Resources will at the request- of the applicant or
Department of the Interior schedule a meeting to
attempt to resolve the differences.

if a meeting or other attempts prove unsatisfactory,
then the applicant may file an appeal with the
Secretary of Commerce. if the applicant pursues this
course of action, the applicant must provide copies of
the appeal and supporting information to the
Department of Environmental Resources in Harrisburg,
Pennsylvania.

The Secretary of Commerce, following public notice,
receipt of comments and in some cases a public hearing
shall make a decision on whether or not the activity
should be approved or disapproved. If the Secretary
finds the activity is in keeping with the goals and
objectives of the Federal Coastal Zone Management
Program or is in the interest of national securitye
the Secretary will notify the Department of the
Interior that it may issue its permits. In the event
the Secretary does not feel either of the,se
requirements are met then the applicant will be
requested to submit, an amended, or new OCS plan to
the Department of the Interior and a new consistency
certification to the Department of Environmental
Resources.

Excluded Federal Lands: Section 304(l) of the act provides that
lands, the use of which is subject solely to the discretion of
the Federal government or which are held in trust by the Federal
government, are excluded from the coastal zone. The Department
of Justice has interpreted this to'include all lands owned by the

11-5-12

United States. Even though Federal lands are e;@.,cluded from the
coastal zone, the uses of these lands are subject to the Federal
consistency requirements of the act where their use directly
affects the coastal zone. However, even though Federally owned
lands are excluded from state coastal zone management programs,
the Coastal Zone Management Act requires that certain activities,
which may have significant spillover impacts on uses or resources
under the purview of the state's management program, to be
consistent with the state's program.

Incorporation of Water Pollution and Air Pollution Requirements

Section 307(f) of the coastal Zone Management Act and 15 CFR
Section 923.44 of the approval regulations calls for the
"incorporation'$ of the requirements of the Federal Water
Pollution Control Act, as amended, and the Clean Air Act, as
amended, into coastal zone management programs. The Department
of Environmental Resources as the lead State agency is the single
institutional focus for integrating the standards, regulations,
and guidelines necessary to achieve the related requirements of
these programs and any changes to these programs that may occur
in the future. The Coastal Zone Management Program through State
law will incorporate the requirements of the Federal Water
Pollution Control Act and the Clean Air Act into the Pennsylvania
Coastal Zone Management Program. Any action or proposal which
would violate State air or water quality laws and regulations is
considered to be inconsistent with the Pennsylvania State Coastal
Zone Management Program. Water and air permits will be monitored
by the Coastal Zone Management Branch following the process
outlined on Page 11-4-7.

National Interest

Section 306(c)(8) of the Federal coastal Zone Management Act
requires that the national interest receive adequate
consideration in planning for and siting facilities which are
necessary to meet requirements which are "more than local in
nature". The requirement is intended to assure that national
concerns over facility siting and resource protection are
expressed and dealt with in the development and implementation of
the Coastal Zone Management Program.

In order to meet the requirements of Section 306ic)(8),
Pennsylvania must:

1. Describe the national interest in the planning for and
siting of facilities considered during program
development.

2. indicate the sources relied upon for a description of
the national interest.

11-5-13

3. Indicate how and where the consideration of those
national interests is reflected in the program.

4. Describe a process for continued consideration of the
national interest during program implementation.

15 CFR 923.52 (March 28, 1979).

Early in the development of Pennsylvania's coastal program,
efforts were begun to identify activities and facilities located
in each coastal zone that involve the national interest. A
concerted effort was made to inform involved Federal agencies of
the Pennsylvania Coastal Zone Management Program. This was
accomplished through correspondence with Federal agency
representatives as described in Appendix C. (Intergovernmental
and Public Participation Activities). Members of the public as
well as interest groups are also involved in identifying uses of
the Pennsylvania coastal zone that are in the national interest.

As program planning progressed, identified Federal agencies were
provided further opportunities for input. Copies of the Draft
Technical Record were mailed to each agency requesting comments
on goals and ob3-ectives, policies, and recommendations of the
Pennsylvania Coastal Zone Management Program.

Through this involvement, national interests have been considered
throughout the development of the management program.
Approximately 30 Federal representatives have been contacted and
offered an opportunity to consult on the definition of "national
interest". Comments received have been carefully considered and
responses prepared.

The Pennsylvania Coastal Zone Management Program evaluated, and
will continue to evaluate, the following sources for policies and
information to adequately consider the national interest in
planning and management responsibilities:

1. Federal laws and regulations.

2. Policy statements or Executive orders from the
President of the United States (e.g., National Energy
Plan).

3. Special reports, studies and comments from Federal and
state agencies.

4. Testimony received at public meetings on the
Pennsylvania Coastal Zone Management Program.

5. Certificates, policy statements and solicited opinions
issued on specific projects by Federal regulatory
agencies.

11-5-14

6. Statements of national interest i_@3ued by Federal
agencies.

The following concerns are considered by Pennsylvania to be of
such long-range, comprehensive importance as to be in the
national interest: National Defense, Energy Production and
Transmission, Recreation Facilities, Air and Water Quality,
Historic Sites, Wetlands, and Ports and Navigation.

The Pennsylvania Coastal Zone Management Program does not exclude
any national interests as long as they conform to requirements of
applicable Commonwealth authorities. This represents a
performance approach for assuring both proper resource protection
and management in facility siting. consideration of the national
interest in program development is represented in the coastal
Zone Policy Framework (Chapter 2), Designation of Geographic
Areas of Particular Concern (Chapter 3), and Broad Priorities of
Uses f or GAPC (Chapter 3) .

National Defense - In determining the national interest in
defense, the Departments of Defense and the Army, Navy, Air
Force, U.S. Coast Guard, and U.S. Army Corps of Engineers were
contacted during the period of program development. The
following are the major objectives for national defense:

1. To ensure sovereignty of the Nation and protect its
citizens,from physical harm or expropriation, and

2. To establish and maintain the facilities necessary to
carry out the first objective.

No goal or policy found in the Pennsylvania Coastal Zone
Management Program contradicts or interferes with the siting of
facilities in the national defense.

The Pennsylvania Coastal Zone Management Program recognizes the
importance of national defense facilities to ensure the Nation's
sovereignty and to protect her citizens. Strategically located
defense facilities are necessary to achieve these ends. Defense
facilities in the coastal zone are located on Federally owned
land and are thus excluded from the coastal zones. However,
activities related to defense facilities must be consistent with
the Pennsylvania Coastal Zone Management Program to the maximum
extent practicable to the extent that they directly affect the
coastal zone.

Energy Production and Transmission - The energy facilities and
activities which are considered to be in the national interest
are all those defined in Section 304(5) of the Coastal Zone
Management Act and include electric generating plants, petroleum
refineries and associated facilities, gasfication plants,
facilities associated with liquified natural gas, uranium
enrichment or nuclear fuel processing facilities, and oil and gas
facilities. The Energy Facility Planning Process (Chapter 3)

11-5-15

fully discusses the regulatory authority, policies and planning
process for facilities and activities associated with energy
production and transmission.

To determine the national interest in activities related to
energy production and transmission, the following legislation,
documents, and Federal agencies were consulted:

National Energy Plan

Department of Energy Reorganization Act

Outer Continental Shelf Lands Act

Energy Research and Development Administration

U.S. Department of Energy

Bureau of Land Management

U.S. Geological Survey

According to the sources listed above, the major national
interests in energy in the Pennsylvania coastal zones involve:

1. Reductions of dependence on foreign oil and
vulnerability to supply interruptions.

2. Maintenance of U.S. oil imports at levels low enough
to weather the period when world oil production
approaches its limit.

3. Development of renewable and virtually inexhaustible
energy sources for sustained economic growth.

4. Development of Outer Continental Shelf oil and gas
resources to reduce dependence on foreign oil and gas
supplies.

5. Siting of energy faciliti es such as power plants and
refineries in the coastal zone in an environmentally
responsible manner.

Pennsylvania's specific policies dealing with energy facility
siting include:

1. Policy VIII-1 - Improve upon and monitor the existing
energy facility permitting process.

2. Policy VIII-2 Develop intrastate natural gas
supplies.

3. Policy VIII-3 Encourage coastal municipalities to
plan for energy facilities.

11-5-16

4. Policy VIII-4 Support development of oCS oil and gas
resources.

5. Policy IX-C Improve the regulatory permitting
process in the coastal zone (See Chapter 2. Coastal
Zone Policy Framework).

Recreation Facilities - To determine the national interest in
recreation, the following documents, legislation, and Federal
agencies have been consulted: Statewide Comprehensive outdoor
Recreation Plang Heritage Conservation and Recreation Service,
National Park Service, Fish and Wildlife Service, Historic
Preservation Act, and Land and Water Conservation Fund Act.

The Coastal Zone Management Program has determined that the major
objectives of the national interest in recreation are:

1. High quality recreation opportunities for all citizens
consistent with environmental protection.

2. Increased public recreational opportunities in high
density areas.

3. Access to and management of recreation areas should be
improved.

Specific policies dealing with recreation include:

1. Policy III-1 - Ensure that coastal waters support fish
populations to provide increased fishing
opportunities.

2. Policy 111-2 Ensure that stocking of coastal waters
is done in a way to augment native stocks and
introduce new species.

3. Policy 111-3 Fishing and boating access shall be
improved through acquisition and improvement of sites.

4. Policy V-1 - Provide additional public access for
active and passive recreation.

5. Policy V-2 - High priority will be given to
acquisition or development of GAPC nominated for their
recreational value.

Air and Water Qualit - in determining the national interest in
air and water quality, the following documents, legislation, and
Federal agencies were consulted: Federal Water Pollution control
Act, Federal Clean Air Act, and U.S. Environmental Protection
Agency.

11-5-17

The national interest in air and water pollution control is to
provide clean air aLnd water to enhance the quality of life for
all citizens of the Nation.

Specific policies dealing with air and water quality are:

1. Policy IX-B.1 - Adopt by reference the requirements of
the Clean Water Act (95-217) and to incorporate these
requirements into the Coastal Zone Management Program.

2. Policy IX-B.2 - Adopt by reference the requirements of
the Clean Air Act (P.L. 95-95) and to incorporate
these requirements. into the Coastal Zone Management
Program.

Historic Sites - In determining the national interest in historic
sites, sources consulted by the Coastal Zone Management Program
include: The Antiquities Act of 1906, Historic Site Act of 1935,
National Historic Preservation Act of 1966, Archaeological and
Historic Preservation Act of 1974, National Historic Preservation
Act of 1974, and National Environmental Policy Act of 1969.

Major objectives of the national interest in historic and
archaeological sites are:

1. To afford protection for designated historic sites
from adverse impacts.

2. To consider cultural resources in assessing the
environmental impacts of proposed activities.

Specific Coastal Zone Management policies dealing with historic
sites include:

1. Policy VI - Assist the Pennsylvania Historic and
museum commission in the identification, restoration,
and preservation of architecturally and historically
significant sites.

Wetlands - In determining the national interest in wetlands, the
following agencies, legislation and documents were consulted:
Fish and Wildlife Service, U.S. Army Corps of Engineers, National
Marine Fisheries Service, Fish and Wildlife Coordination Act,
Marine Protection, Research and Santuaries Act of 1972,
Section 404 of the Clean Water Act, Section 10 of the Rivers and
Harbors Act of 1899, Executive Order No. 11990 (protection of
wetlands), Executive Order,No. 11988 (floodplain management), and
Fishery Conservation and Management Act of 1976.

objectives of the national interest in wetlands include:

1. To avoid to the greatest extent possible the long- and
short-term adverse impacts associated with the
disruption or modification of wetlands.

11-5-18

2. Provide means whereby ecosystems upon which endangered
and threatened species depend may be preserved.

4. Regulation of placement of dams, water obstructions,
and encroachments in such a manner as to protect
wetlands and their valuable contribution to the
coastal ecosystem.

3. Make use of wetlands as outdoor classrooms through the
acquisition and/or development of appropriate sites.

Ports and Navigation - To determine the national interest in
ports and navigation, the following documents, legislation, and
Federal agencies have been consulted: Department of
Transportation Act, U.S. Coast Guard, Maritime Administration's
office of Port and Intermodal Development, and U.S. Army Corps of
Engineers.

The national interest in ports and navigation has been
incorporated in the Pennsylvania Coastal Zone Management Program
through the following policies:

1. Policy VII-1 - To actively attract and encourage the
siting of water dependent economic activities in the
Commonwealth's coastal ports.

2. Policy VII-2 - Support long-range, comprehensive
planning for future development and growth of
Pennsylvania's ports.

Process for Continued Consideration of National Interest

Means for continued consideration of the national interest is
provided by the following:

1. Permit procedures

2. The Executive order

3. Memoranda of Understanding between the Department of
Environmental Resources and other State agencies

To ensure that the national interest is being consideredIn
permitting procedures, citizens, Federal agencies, and interest
groups can become involved in this process through both the legal
and administrative mechanisms available for conflict resolution
described in Part 11, chapter 4. These include the legislative
process, the Environmental Quality Board, and the Environmental
Hearing Board, citizen suits under Article I, Section 27 of the
Pennsylvania Constitution, judicial appeals on State and local
administration of State statutes and informal discussions with
Coastal Zone Management staff and Coastal Zone Steering
Committees. in addition, consideration of the national interest

11-5-19

and the siting of facilities is provided in theprocess of the
Public Utility Commission certificate of public convenience.
This process is described under Uses of Regional Benefit,
Part II, Chapter 3. In accordance with the Governor's Executive
order and pursuant to the Memoranda of Understanding between the
Department of Environmental Resources and agencies of the
Commonwealth, all State agencies networked in the program are
required to-consider the national interest in their decision-
making.

INTERSTATE COORDINATION ACTIVITIES

The following mechanisms are utilized in the coordination and
review of interstate agencies activities affecting Pennsylvanials
management program. As noted previously, these same mechanisms
were used to achieve plan coordination at the interstate levels.

1. GLBC (Great Lakes Basin commission) - Is a formal
organization of the Great Lakes states and several
Federal agencies. The states and agencies formed the
Commission in 1967 so that they could work together at
planning for water resources In the Great Lakes area.
The commission works closely with the International
Joint Commission andCanadian personnel to encourage
international cooperation in addressing the problems
faced in managing the Great Lakes. The GLBC has a
special standing committee on coastal zone management.

2. DRBC (Delaware River Basin Commission) - Was created
by interstate Federal compact in 1961 to establish
coordinated multipurpose regional planning, management
and protection of water resources associated with the
Delaware River* which, impacts the four state (New
York, Pennsylvania, New Jersey and Delaware) areas
water resources associated with the Delaware.

3. GLC (Great Lakes Commission) - The purposes of the GLC
compact are, through means of joint or cooperative
action:

a. To promote the orderly, integrated, and
comprehensivedevelopment, use, and conservation
of the water resources of the Great Lakes Basin
(hereinafter called the Basin).

b. To plan for the welfare and development of the
water resources of the Basin as a whole as well
as for those portions of the Basin which may
have problems of special concern.

C.. To make it possible for the states of the Basin
and their people to derive the maximum benefit

11-5-20

from utilization of public wor..3, in the form of
navigational aids or otherwise, which may exist
or which may be constructed from time to time.

d. To advise in securing and maintaining a proper
balance among industrial, commercial,
agricultural, and water resources of the Basin.

e. To establish and maintain an intergovernmental
agency to the end that the purposes of this
compact may be accomplished more effectively.

STATE COORDINATION ACTIVITIES

The following mechanisms are utilized in the coordination and
review of State agencies activities affecting the management
program. As noted previously, these same mechanisms were used to
achieve plan coordination at the State level.

1. Coastal Zone Advisory Committee - The Coastal Zone
Advisory Committee (CZAC) was established by the
Department of Environmental Resources to advise and
assist the coastal Zone Management Branch in the
design, implementation and administration of the
Commonwealth's Coastal Zone Management Program. It is
a State level committee comprised of representatives
from State agencies, commissions, offices, etc., that
administer and/or are affected by the administration
of programs in the Commonwealth's coastal areas. In
addition, the CZAC also has representatives from the
local Coastal Steering Committees and from certain
interstate and Federal agencies.

The CZAC membership is as follows:

Department of Environmental Resources

Coastal Zone Management Branch
office of Chief counsel
Bureau of Environmental Planning
Bureau of Water Quality Management
Bureau of Topographic and Geologic Survey
Bureau of Dams and Waterway Management
Bureau of Soil and Water Conservation

other State Agencies

Department of Commerce
Historical and Museum commission
Public Utility Commission
Department of Community Affairs
Governor's office of Policy and Planning

11-5-21

Pennsylvania Fish Commission
Pennsylvania Game commission
Department of Transportation
Governor's Energy Council

Federal and Regional Agencies

Erie County Department of Planning-
Delaware Valley Regional Planning Commission
Federal office of Coastal Zone Management
Delaware River Basin Commission

In a program such as Pennsylvanials, which is based on
networking, it is important to develop the program in such a
manner as to have close coordination between the designated
agency and the other state agencies involved in implementing the
program. Under the planning phase, the CZAC has been
instrumental in helping to design a program which provides for
the necessary coordination,. The activities undertaken by the
CZAC under the planning phase are described in Appendix C.

The CZAC will perform the following tasks during the program's
implementation phase.

1. Address State consistency

2. Address state and local coordination on actions of the
Coastal Zone Management Program

3. Advise the Coastal Zone Management Branch of
effectiveness of regulations pertaining to coastal
resource management.

4. Participate in the continuing program review process.

Proiect coordination: The purpose of this function is to ensure
that projects or activities proposed for funding under the
Coastal Zone Management Program are in concert with planned or
existing State agency activities. coordination is achieved in
the following manner. All projects and actions funded or
otherwise, proposed by the local Coastal Zone Steering Committees
or the Coastal Zone Management Branch are reviewed by the CZAC
members with respect to coordination with their agency's programs
and actions. Additionally, members of the CZAC propose projects
or actions for consideration for Coastal Zone Management funding
and/or support. These projects are reviewed by other CZAC
members,, as well as the affected Coastal Zone Steering Conunittee
with respect to coordination with their actions and programs.
Besides determining consistency, CZAC members also comment on the
relative importance their agency attaches to the proposed program
or action.

Whenever a project or action is found to be in concert, the
Coastal Zone Management Branch is notified. The Coastal Zone

11-5-22

Management Branch then utilizes the resources of the CZAC and, if
pertinent, the local Coastal Zone Steering Committee, to address
the problem of achieving coordination. if coordination cannot be
achieved through these mechanisms, then the Coastal Zone
Management Branch will drop the project or action from further
consideration or resubmit the proposal to the originator with
suggested modifications.

Address State and local coordination on actions of the Coastal
Zone Mana;Te-ment H:oqr`am.- once all projects or actions proposed
for Coastal Zone Management funding and/or support are reviewed
by the Coastal Zone Steering Committees and the CZAC, the Coastal
Zone Management Branch will make a final determination of what
projects or actions are to be undertaken. Following this
determination, the CZAC will then be notified. Each agency,
committee, commission, etc., conducting activities in the coastal
zones pertinent to the implementation of the adopted programs or
activities will utilize its regional offices, local contacts, the
local Coastal Zone Steering Committee, etc., to ensure that its
agencies actions consider local actions and the actions of other
agencies. The review will also focus on determining whether or
not all Commonwealth offices and agencies are cooperating and
participating to the fullest extent possible in the achievement
of the goals and policies of the Coastal Zone Management Program.
The committee then makes recommendations to the Coastal Zone
Management Branch on how to improve the program such as by
modifying existing policies, developing new policies, placing
more emphasis on certain policies, developing Memoranda of
Understanding, implementing new coordinative mechanism, etc. The
Coastal Zone Management Branch will prepare a report based on
these comments and submit it to the Secretary of the Department
of Environmental Resources. Upon the Secretary's review and his
determination of any actions which should be undertaken, the
Coastal Zone Management Branch, with the assistance and
cooperation of the CZAC, will implement the charges. Any
amendment to the management program is subject to the approval of
the office of Coastal Zone management.

Advise Coastal Zone Management Branch on regulations affecting
coastal resources: Periodically, CZAC members will be asked to
review the effectiveness of regulations, affecting coastal
resources which they are mandated to administer, with respect to
achieving the policies and goals of the Coastal Zone Management
Program. If a regulation is found to be deficient, the Coastal
Zone Management Branch will be notified along with a
recommendation on how the problem may be rectified. Upon review
of the problem, the Coastal Zone Management Branch may bring the
problem to the attention of the Environmental Quality Board and
recommend a change in the regulations or the development of new
regulations.

Participation in continuing pl2gram review pEocess: Annually,,
the CZAC will review the Coastal Zone Management Program with
respect to its achievements in attaining the goals of the coastal

11-5-23

Zone Management Program and meeting the needs of the Commonwealth
coastal areas. The review will also focus on determining whether
or not all Commonwealth offices and agencies are cooperating and
participating to the fullest extent possible in the achievement
of the goals and policies of the Coastal Zone Management Program.
The committee then makes recommendations to the Coastal Zone
Management Branch on how to improve the program such as by
modifying existing policies, developing new policies, placing
more emphasis on certain policies., developing Memoranda of
Understanding, implementing new coordinative mechanisms, etc.
The Coastal Zone Management Branch will prepare a report based on
these comments and submit it to the Secretary of the Department
of Environmental Resources. Upon the Secretary's review and his
determination of any actions, which should be undertaken, the
Coastal Zone Management Branch with the assistance and
cooperation of the CZAC will implement the changes.

2. Pennsylvania Bulletin

The Pennsylvania Bulletin is the official gazette of the
Commonwealth of Pennsylvania'. It contains notices, regulations,
and other documents filed with the Legisaltive Reference Bureau
and supplements the Pennsylvania code, a loose-leaf codification
of administrative regulations, legislative documents, court
rules, and home rule charter documents. The bulletin contains
lists of permits, legal notices, legal actions, etc.

3. Project Review Evaluation Program (PREP)

The PREP review is an internal review of departmental actions
In additionr 'extra departmental coordination mechanisms ar;
channeled into the PREP process. A detailed explanation of the
PREP review is contained in Chapter 4.

As described earlier in this report, all applications for Federal
aid requiring A-95 clearance generated within the Department of
Environmental Resources are subject to an internal review. This
review is designed to resolve internal differences before the
application is; submitted to the State clearinghouse.

These nine project types constitute the range of projects
currently being reviewed through the Department of Environmental
Resources's project review system. One of the assets of the
project review system is that it can be used to accommodate a
variety of new, project or program types. The most important
features of the program are the procedures which obtain input
from the various bureaus in the Department and provide for
resolving differences that end in formulating a single
departmental position. Because of this, PREP provides a rather
flexible mechanism that can be used to review a variety of
projects, proposals and plans.

11-5-24

4. Water Resources Policy Advisory Committee @-JRPAC)

The WRPAC is a state level water resources advisory committee
which advises the Department of Environmental Resources on legal,
institutional and policy issues regarding water planning and
management.

LOCAL COORDINATION ACTIVITIES

The Coastal Zone Steering Committees (CZSC) are utilized in the
coordination and review of areawide and local governmental
activities. As noted previously, these mechanisms were used to
achieve plan coordination at the areawide and local governmental
level.

The Coastal Zone Steering Committees have been operating in the
Lake Erie and Delaware Estuary areas since 1975. They have
played a major role in determining the goals, policies, scope and
objectives of the Pennsylvania Coastal Zone Management Program.
They have been instrumental in providing coordination between the
Coastal Zone Management Branch and local elected officials, and
providing a mechanism for incorporating public interest and
values in the management program. Appendix C contains a detailed
outline of the activities that the CZSC have engaged in during
the planning phase of the management program.

Under the implementation phase of the management program, the
structure of the CZSC will be revised and their focus of
attention will be shifted. The Commonwealth's two coastal areas
contain distinctly different political and social structures, and
the committees have evolved somewhat differently in adopting to
the-se different structures.

Lake Erie Coastal Zone Steering Committees

In the Lake Erie coastal zone, the Department of Environmental
Resources's consultant, Erie County Department of Planning
(ECDP), is responsible for providing each of the three committees
with technical support that enables the western, eastern and
central committee members to make effective coastal zone
management decisions. These committees are comprised of
representatives from the following municipalities:

Western Study Area Committee

Springfield Township
Girard Township
Lake City Borough
Fairview Borough

11-5-25

Eastern Study A&ea

Harborcreek Township
North East Township
North East Borough

Central Stud Area

Millcreek Township
City of Erie
Lawrence Park Township
Erie City Council
Erie City Planning Commission
Erie/N.W., Pa. Port Authority

Additionally, each committee has three citizen representatives
who have been appointed by the committee. In addition, the
Executive Director of the Erie County Department of Planning sits
on each of the committees and acts as their representative to the
Coastal Zone Advisory Committee.

The Erie CZSC will perform the following tasks during program
implementation:

Priority Setting: The CZSC develops and sets
priorities on lists of requests for coastal zone
management funding on technical assistance in their
area.

2. Consistency: The CZSC reviews all proposed State
level coastal zone management activities with respect
to consistency with local goals and actions.

3. Conflict Resolution: The CZSC provides a forum for
discussion and a focal point for the collection of
information and ideas,.should problems or conflicts
occur at the local level.

4. Monitorin The CZSC provides a means for local
monitoring of coastal uses subject to the management
program with respect to compliance with the program's
policies.

5. Program Review: Participates in the State's
continuing program review process. The CZSC annually
reviews the State's-Coastal Zone Management Program
with respect to the effectiveness of the Coastal Zone
Management policies and goals in their respective
areas, and makes recommendations for improvement when
pertinent.

6. Local Contact: The CZSC provides a local and highly
visible contact for all coastal publics interested in

11-5-26

participating in or interacting with the management
program.

Delaware Estuary Steering Committee

The Delaware Estuary Steering Committee (DESC) covers areas of
three counties: Bucks, Philadelphia and Delaware. The committee
is staffed with representatives from regional and local agencies
conducting activities in the coastal zone. The Delaware Valley
Regional Planning Commission, consultant for the Coastal Zone
Management Branch,, provides technical support to the steering
committee. A representative from the Delaware Valley Regional
Planning Commission is a member of the committee and represents
them on the CZAC.

The permanent membership of the steering committee is as follows:

Bucks County Planning Commission
Bucks County Municipal Governments (coastal)
Philadelphia City Planning Commission
Delaware County Planning Department
Delaware County Municipal Governments (coastal)
Chester City Planning Department
Delaware River Basin commission
Delaware River Port Authority
Water Resources Association
League of Women Voters
Academy of Natural Sciences
Army Corps of Engineers
Environmental Protection Agency
Pennsylvania Department of Community Affairs
(Philadelphia office)
Warner Company
Sun oil Company
Philadelphia Electric company
Greater Phialdelphia Partnership

In addition to the permanent members, different members are
appointed each year, from interest groups existing in the region
to represent the public in the following areas; recreation,
historic preservation, port revitalization, and environmental
protection. All committee meetings are advertised and open to
the public.

It is important to note that the close coordination with the
local governments, inherent in the Lake Erie CZSC, is achieved in
the Delaware 'Estuary by Delaware Valley Regional Planning
Commission holding two meetings annually in each of the three
counties included in the coastal zone. At the first of the two
meetings, of which officials from all the coastal municipalities
in the county are invited, a status report of the management
program's activities is given, and funding levels for the next
year are discussed. At the second annual meeting, the local
officials provide their input into the program's continuing

11-5-27

review process and present lists of projects and activities for
consideration for Coastal Zone Management Program funding and/or
sponsorship.

The DESC will perform the following tasks during program
implementation:

1. Priority Setting: Utilizing information acquired in
annual local officials meetingsl the DESC develops and
prioritizes a list of requests for Coastai zone
Management funding and/or technical assistance for the
area.

2. Consistenc The DESC reviews all proposed State
level coastal zone management activities with respect
to consistency with local goals and actions.

3. Conflict Resolution: The DESC provides a form for
discussion and a focal point for the collection of
information and ideas, should problems or conflicts
occur at the local level.

4. Monitoring: The DESC provides a means for local
monitoring of coastal uses subject to the management
program with respect to compliance with the program's
policies.

5. Program Review: Participates in the State's
continuing program review process. The DESC annually
reviews the State's Coastal Zone Management Program
with respect to the effectiveness of achieving the
coastal zone management policies and goals in their
respective areas, and make recommendations for
improvement when pertinent.

6. Local Contact: The DESC provides a local and highly
visible contact for all coastal publics interested in
participating in or interacting with the management
program. This is achieved through the annual meetings
with the local officials and the Delaware Valley
Regional Planning Commission and the county planning
departments (who are represented on the DESC) close
day to day contact with the public concerning coastal
issues.

PUBLIC INVOLVEMENT

The Coastal Zone Management Program represents significant
amounts of citizen energy which was utilized in improving the
data base, verifying coastal Zone Management information,
determining program goals and objectives, and incorporating local
values and concerns. The public involvement activities that have

11-5-28

been undertaken during the Coastal Zone Man,gement Programls
planning process are described in Appendix C.

These activities will culminate with the holding of public
hearings in both coastal areas. These joint State/Federal
hearings, for which 30 days notice will be given,, will be
designed to obtain the views of all interested parties on the
management program's Section 306 document and Draft Environmental
Impact Statement. These hearings will fulfill the requirements
of Section 923.58 of the Federal regulations of the Coastal Zone
Management Act. Additionally, transcripts of hearings on bluff
setback regulations will be furnished to the office of Coastal
Zone Management.

The Pennsylvania Coastal Zone Management Program will utilize the
following means and mechanisms to ensure opportunity for full
participation by all interested parties both public and private
under program implementation. '-

1. The Lake Erie CZSC and the DESC as outlined in their
respective tasks in the previous section on steering
committees.

2. The holding of annual public meetings as.part of the
continuing program review process.

3. Adherence to the ' Pennsylvania "Sunshine Law'
concerning all meetings where formal decisions are to
be undertaken.

4. The distribution of a newsletter, "Coastal Tidings",
and other informational materials concerning the
program and its activities.

5. utilization of the A-95 review process and the
Pennsylvania Bulletin.

6. other formal and informal means such as news releases,
ad hoc meetings, public displays, and speaking
engagements will be utilized when pertinent to afford
interested parties every opportunity to participate in
the management program.

11-5-29

Appendix A

Existing. Management Authorities

INTRODUCTION

The Federal Coastal Zone Management Act requires coastal states
to identify the means by which the state proposes to manage land
and water uses subject to the program, including a listing of
relevant constitutional provisions, laws, regulations and
judicial decisions. This appendix provides a detailed
explanation of those authorities which will be utilized in
carrying out the policies of Pennsylvania's Coastal Zone
Management Program. The authorities are presented in the
following numerical sequence:

1. Pennsylvania Constitutional 11. Administrative Code of 1929
Provision 12. Gas Operations Well-Drilling
2. Bluff Recession and Petroleum and Coal Mining Act
Setback Act 13. Pennsylvania Sewage Facilities
3. Dam Safety Act Act
4. soil conservation Law 14. Schuylkill River Pollution/
5. Floodplain Management Act Siltation Law
6. Clean Streams Law 15. Fish Laws of 1959
7. Open Space Lands 16. Historic Preservation Act
8. Pennsylvania Solid Waste 17. Stormwater Management Act
Management Act 18. Open Meeting Law
9. Air Pollution Control Act 19. Executive Order
10. Radiation Control Act 20. Memoranda of Understanding

EXISTING MANAGEMENT AUTHORITIES

1. Pennsylvania Constitutional Provision

on May 18, 1971, the Pennsylvania Constitution was amended by
adding a new section (hereinafter referred to as Article 1
section 27 or Environmental Rights Amendment):

Article I Section 27 Natural resources and the public estate

The people have a right to clean air, pure water, and to the
preservation of the natural, scenic, historic and aesthetic
values of the environment. Pennsylvania's public natural
resources are the common property of all the people,
including generations yet to come. As trustee of these
resources, the Commonwealth shall conserve and maintain them
for the benefit of all the people.

The Environmental Right s Amendment was placed in Article I, the
portion of the Constitution which guarantees political rights
such as due process,',freedom of speech, and freedom of religion
to Pennsylvania citizens. The first sentence does create
important personal "environmental rights" which citizens can
assert on their own, if necessary, in the courts. Pennsylvania
Gas and Water Co. v. Kassab, et al, 14 Pa. Cmwlth. 564, 322 A2d

II-A-1

775 (1974); Payne v. Kassab, 11 Pa. Cmwlth. 14, 312 A2d 86
(1973), aff1d 468 Pa. 226, 361 A2d 263 (1976). The remaining
portion of Article I Section 27 imposes new duties on the
Commonwealth to act as a trustee to "conserve and maintain
Pennsylvania's public natural resources".

Initially, there was a question as to whether adoption of
Article I S'ection 27 alone created citizen rights and
Commonwealth duties. The courts have settled the question by
holding that the amendment is "self-executing" Commonwealth v.
National Gettysburg Tower, Inc., 8 Pa. Cmwlth. 231, 302 A2d 586
(1973),, aff1d 454 Pa. 193, 311 A2d 588 (1973); Accord, Payne, V.
Kassab, 11 Cmwlth. 14, 312 A2d 86 (1973) aff1d without a gener@@11
ruling on self-execution 468 Pa. 226, 361 A2d 263 (1976). This
means that although the Legislature may pass legislation further
explicating the meaning of the amendment, no such legislation is
required before rights and duties created by Article I Section 27
will be enforced by the courts.

The Department of Environmental Resources (hereinafter
Department) is a trustee of the Commonwealth's public natural
resources by virtue of Article I Section 27. concerned citizens
for orderly Progress v. Commonwealth, Department of Environmental
Resources, 36 Pa. Cmwlth. 192, 387 A2d 989, 993-94 (1978). It is
thus the Department's duty to conserve and maintain these
resources for the benefit of the people. This duty attaches in
its clearest sense to publicly owned lands such as parks, Payne
v. Kassab, 468 Pa. 226, 245, 361 A2d 263, 272 (1976). Where
public lands are involved., even a statute might have to give way
if it is inconsistent with Article I Section 27, Klink v.
Commonwealth, PennDOT 29 Pa. Cmwlth. 106, 370 A2d 389 (1977). Y-n
addition to publicly owned land, air and water are included in
the public trust. Commonwealth v. Barnes & Tucker Co., 455 Pa.
392, 412, 319 A2d 871, 87-2 (1974) DER v. Locust Point Quarries,
27 Pa. Cmwlth. 270, 396 A2d ;205, 1209 (1979). Article I
Section 27 also protects natural, scenic, aesthetic and historic
values. Commonwealth v. National Gettysburg Towerc Inc., 8 Pa.
Cmwlth. 231, 302 A2d 586 (1973), aff1d 454 Pa. 193, 311 A2d 558
(1973).

It should be noted that the Environmental Rights Amendment
imposes on every administrative agency the responsibility to meet
the requirements of the amendment. Bruhin et al. v. Commonwealth
et al., 14 Pa. Cmwlth. 300, 306-307, 320 A2d 907, 910-911 (1974).
Local governments also must fulfill trusteeship responsbilities
imposed by Article I Section 27, particularly with respect to
local land use planning. Community College of Delaware County v.
Fox, 20 Pa. Cmwlth. 335, 358-359, 342 A2d 468, 482 (1975).

in Payne v. Kassab, 11 Pa. Cmwlth. 14, 29-30, 312 A2d 86, 94
(1973) aT_f1d 468 Pa. 226, 361 A2d 263 (1976), the Commonwealth
Court applied a three-fold test for reviewing agency actions
which are challenged as improper under Article I Section 27:

II-A-2

1. Was there compliance with all applicable statutes and
regulations relevant to the protection of the
Commonwealth's public natural resources?

2. Does the record demonstrate a reasonable effort to
reduce the environmental incursion to a minimum?

3. Does the environmental harm which will result from the
challenged decision or action so clearly outweigh the
benefits to be derived therefrom that to proceed
further would be an abuse of discretion?

It should be kept in mind that the Payne test was developed as a
standard for courts to use when reviewing agency actions where
citizens alleged that the agency failed to meet minimum duties
imposed by Article 1 Section 27. Thus, the test identified
minimum elements that must 'be incorporated into agency
procedures.

2. Bluff Recession and Setback Act, Act of P.L.
(_ P.S. Section - et seq.)

The policy and purpose of this Act is to:

1. Encourage planning and development in bluff areas
which are consistent with sound land use practices.

2. Protect people and property in bluff areas from the
dangers and damage *associated with the inevitable
recession of bluffs.

3. Prevent and eliminate urban and rural blight which
results from the damages of bluff erosion and
recession.

4. Minimize the expenditure of public and private funds
for shoreline protection and bluff stabilization
structures and activities.

5. Aathorize a comprehensive and coordinated program to
regulate development activities through the use of
setback ordinances in bluff recession hazard areas,
designed to preserve and restore the natural
ecological systems, and to prevent continuing
destruction of private property and structures.

6. Encourage local administration and management of
bluffs consistent with the Commonwealth's duty as
trustee of natural resources, and the people's
constitutional right to the preservation of the
natural, scenic, aesthetic and historic values of the
environment.

II-A-3

The Act outlines a procedure whereby the Department of
Environmental Resources (hereinafter Department) conducts studies
to identify municipalities with bluff recession hazard areas.
The Department then notifies municipalities identified and
submits a report to the Environmental Quality Board(hereinafter
EQB). The EQB, following notice and public hearing, may
designate municipalities with bluff recession hazard areas.
Municipalities so designated must, within six months, adopt bluff
setback ordinances requiring permits for all proposed
construction, installation or substantial improvement of
structures or water, sewage, electric or gas utility services
located in designated bluff recession hazard areas. These
ordinances are subject to review and approval by the Department,
and must meet the minimum standards delineated by the EQB.

Sanctions are imposed for failure to adopt and enforce ordinances
by designated municipalities, and for violation of the provisions
of the Act, any bluff setback ordinance, or regulation. The
sanctions include mandamus actions and withholding funds to
municipalities, as well as civil remedies and criminal penalties.

3. Dam Safety Act, Act of November 26, 1978, P.L. 1375, as
- amended (32 P.S. Sections 693.1 et seg.)

The purpose of this Act is to:

1. Provide for the regulation of dams and reservoirs,
water obstructions and encroachments in the
Commonwealth, in order to protect the health, safety
and welfare of the people and property.

2. Assume proper planning, design, construction,
maintenance, monitoring and supervision of dams and
reservoirs, including such preventative measures as
are necessary to provide an adequate margin of safety.

3. Protect the natural resources, environmental rights
and values secured by the Pennsylvania Constitution
and conserve the water quality, natural regime and
carrying capacity of watercourses.

4. Assume proper planning, design, construction,
maintenance and monitoring of water obstructions and
encroachments, in order to prevent unreasonable
interference with waterflow and to protect navigation.

The Act outlines a permitting procedure, and no person may
construct, operate, maintain, modify, enlarge or abandon any dam,
water obstruction or encroachment without a permit from the
Department of Environmental Resources (hereinafter Department).

The EQB has the power and duty to adopt regulations necessary to
carry out the purposes of the Act.

II-A-4

The term encroachment means any structure or a--tivity which in
any manner changes, expands or diminishes the course, current or
cross section of any water course, floodway, or body of water. A
"body of water" is defined as any natural or artificial lake,
pond, reservoir, swamp, marsh or wetland.

Thus, the Department has the authority and duty to regulate
dredging and filling activities (as encroachments). The
Department also-has the authority and duty to regulate all dams,
water obstructions and encroachments in wetlands (as bodies of
water).

since the commonwealth holds the beds in trust for the public,
the Act also gives the Department the right, subject to approval
by the Governor, to grant an easement, right-of-way, license or
lease to occupy submerged lands of the Commonwealth in any
navigable lake or river or stream declared a public highway or
any dam, water obstruction or encroachment which is constructed
for the purpose of:

1. Improving navigation or public transportation;

2. Recreation, fishing or other public trust purposes;

3. Protecting public safety or the environment;

4. Providing water supply, energy production or waste
treatment;

5. Providing a public utility service by a government
agency or subdivision or public utility or electric
cooperative; or

6. other activities which require access to water.

Sanctions imposed for violations of the Act or any regulation
promulgated thereunder, include enforcement orders and civil and
criminal penalties. The Department may issue enforcement orders
for any purpose necessary to aid in the enforcement of the Act.

4. Soil Conserva-tion Law, Act of May 15, 1945, P.L. 547, as
amended (3 P.S. Sections.849 et seg.

The Act declares that it is the policy of the Commonwealth to
provide for the conservation of the soil* water and related
resources of this commonwealth, and for the control and
prevention of soil erosion, and, thereby, to preserve natural
resources; assist in the control of floods; prevent impairment of
dams and reservoirs; assist in maintaining the navigability of
rivers and harbors; preserve wildlife; preserve the tax base;
protect public lands; and protect and promote the health, safety
and general welfare of the people of the Commonwealth.

II-A-5

The Act provides for the creation of Conservation Districts
managed by a board of the district directors. The directors have the
power, among other things:

1. To conduct surveys, investigations and research
relating to the character of soil erosion and the
preventive control measures needed.

2. To carry out preventive and control measures within
the district.

3. To cooperate or enter into agreements with, and to
furnish financial or other aid to, any agency,
governmental or otherwise, or any occupier of lands
within the district in carrying on erosion control and
prevention operations.

4. To obtain options upon, and to acquire by purchase,
exchange, lease, gift, grant, bequest, devise or
otherwise, any property real or personal or right or
interests therein; to maintain, administer and improve
any properties and to expand such income in carrying out
the purpose and provisions of this Act; and to sell,
lease or otherwise dispose of any of its property or
interests therein in furthernace of the purposes and
the provisions of this Act.

5. To construct, improve and maintain such structures as
may be necessary or convenient for the performance of
any of the operations authorized in this Act.

6. To develop comprehensive plans for the conservation of
soil resourves and for the control and prevention of
soil erosion within the district.

7. To accept contributions of any character from any
sourve whatsoever, but only with the consent and
approbal of the State Soil and Water Conservation
Commission, unless specifically authorized so to do by
this Act.

8. To sponser projects under the Watershed Protection and
Flood Prevention Act, U.S. Public Law 566, of 1954, as
amended, and the Resource and Conservation and
Development Program authorized Public Law 87-703,
and the Food and Agriculture Act of 1962, as amended.

5. Floodplain Management Act, Act of October 4, 1978, P.L. 851
(32 P.S. Sections 679.101 et seq.)

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The policy and purpose of this Act is to:

1. Encourage planning and development in floodplains
which are consistent with sound land use practices.

2. Protect people and property in floodplains from the
dangers and damage of floodwaters and from materials
carried by such floodwaters.

3. Prevent and eliminate urban and rural blight which
results from the damages of flooding.

4. Authorize a comprehensive and coordinated program of
floodplain management, based upon the National Flood
Insurance Program, designed to preserve and restore
the efficiency and carrying capacity of the streams
and floodplains of the Commonwealth.

5. Assist municipalities in qualifying for the National
Flood Insurance Program.

5. Provide for and encourage local administration and
management of floodplains.

7. minimize the expenditure of public and private funds
for flood control projects and for relief, rescue and
recovery efforts.

The Act requires thart each municipality, which has been
identified by the United States Department of Housing and Urban
Development as having an area or areas subject to flooding, shall
adopt such floodplain management regulations, and amendments
thereto, as are necessary to comply with the requirements of the
National Flood Insurance Program. The identified municipality
has six months after a floodplain map is approved or promulgated
for the municipality by the United States Department of Housing
and Urban Development to adopt the required ordinance.

The Department of Community Affairs, in consultation with the
Department of Environmental Resources must review and approve all
municipal floodplain management regulations for assuring
compliance with the National Flood Insurance Program. The
Department of Community Affairs is authorized to administer
grants to municipalities and counties to assist or reimburse them
for costs in preparing official plans and actual administrative
enforcement and implementation costs and revisions to official
plans for floodplain management required by this Act, and for
carrying out related studies, surveys, investigations, research
and analyses.

Sanctions for violating the requirements of the Act include
withholding funds and civil penalties. If after 180 days notice
of violation of the Act a municipality has failed to comply, the
Secretary of Community Affairs shall notify the State Treasurer

II-A-7

to withhold paymen t of all funds payable to the municipality from
the General Fund or any other fund. The State Treasurer is to
hold funds in escrow until the municipality complies.

The Floodplain Management Act also confers@ powers on
municipalities administering floodplain management regulations to
require special regulation of hospitals, nursing homes, jails,
new mobile home.parks, subdivision or substantial additions to
mobile home parks or subdivisions. The municipality is
responsible for administering this provision with oversight by
the Department of Community Affairs. The Department of
Environmental Resources is responsible for administering
Section 302 of the Act, which gives the Department exclusive
jurisdiction to regulate through permit:

1. Any obstruction otherwise regulated under the Water
Obstructions Act;

2. Any flood control project constructed, owned, or
maintained by a governmental unit;

3. Any highway or other obstruction constructed, owned or
maintained by the Commonwealth or a political
subdivision thereof; and

4. Any obstruction owned or maintained by a person
engaged in the rendering of a public utility service.

6. Clean Streams Law, Act of June 22, 1937, P.L. 1987, as
amended (35 P.S. Sections 691.1 et seg.-)

It is the policy of the Act that:

1. Clean, unpolluted streams are absolutely essential if
Pennsylvania is to attract new manufacturing
industries and to develop Pennsylvania's full share of
the tourist industry;

2. Clean, unpolluted water' is absolutely essential if
Pennsylvanians are to have adequate out of door
recreational facilities in the decades ahead;

3. It is the objective of the Clean Streams Law not only
to prevent further pollution of the waters of the
Commonwealth, but also to reclaim and restore to a
clean unpolluted condition every stream in
Pennsylvania that is presently polluted;

4. The prevention and elimination of water pollution is
recognized as being directly related to the economic
future of the Commonwealth; and

II-A-8

5. The achievement of the objective herein set forth
requires a comprehensive program of watershed
management and control.

The Department of Environmental Resources (hereinafter
Department) has the power and duty to (among other things) review
plans, issue permits, modify, suspend or revoke permits, and
issue correction and cease operation orders.

Powers under this Act are broad due to the definition of
"pollution" and "waters of the Commonwealth". Pollution means
contamination of any waters of the Commonwealth such as will
create or is likely to create a nuisance or to render such waters
harmful, detrimental or injurious to public health, safety or
welfare, or to domestic, municipal, commercial, industrial,
agricultural, recreational, or other legitimate beneficial uses,
or to livestock, wild animals, birds, fish or other aquatic life,
including but not limited to such contamination by alteration of
the physical, chemical, or biological properties of such waters,
or change in temperature, taste, color or odor thereof, or the
discharge of any liquid, gaseous, radioactive, solid or other
substances into such waters. The Department shall determine when
a discharge constitutes pollution, as herein defined, and shall
establish standards whereby and wherefrom it can be ascertained
and determined whether any such discharge does or does not
constitute pollution as herein defined.

"Waters of the Commonwealth" shall be construed to include any
and all rivers, streams, creeks, rivulets'. impoundments, ditches,
water courses, storm sewers, lakes, dammed water, ponds, springs
and all other bodies or channels or conveyance of surface and
underground water, or parts thereof, whether natural or
artificial, within or on the boundaries of this Commonwealth.

in addition, the Department is approved to operate NPDES permit
system under the Federal Clean Water Act (25 Pa. Code
Chapter 92).

Sanctions for violation of this Act include criminal and civil
penalties as well as equity actions restraining violations of the
Act, and enforcement orders to ensure municipal compliance.

7. Open Space Lands, Act of january 19, 1968, P.L. (1967) 992
(32 P.S. Sections 5001 et seg.)

It is the purpose of this Act to clarify and broaden the existing
methods by which the Commonwealth may preserve land in or acquire
land for open space in and near urban areas to meet needs for
recreation, amenity, and conservation of natural resources,
including farm land, forests, and a pure and adequate water
supply. The acquisition and resale of property interests
authorized by this Act are hereby declared to be for the public
benefit, for the advancement of the public health, safety, morale

II-A-9

and general welfare of the citizens of the Commonwealth, and for
the promotion of sound land development by preserving suitable
open space and concentrating more dense development in nearby
areas.

The Act provides that the Commonwealth through the Department of
Environmental Resources may acquire any interest in real property
by purchase,,contract, condemnation, gift, devise or otherwise,
for any of the following purposes:

1. To protect and conserve water resources and
watersheds;

2. To protect and conserve forests and land being used to
produce timber crops;

3. To protect an existing or planned park, forest,
wildlife preserve, nature reserve, or other recreation
or conservation site by controlling the use of
contiguous or nearby lands in order to protect the
scenic, aesthetic or watershed values of the site;

4. To protect and conserve natural or scenic resources,
including but not limited to soils, beaches, streams,
floodplains or marshes;

5. To protect scenic areas for public visual enjoyment
from public rights of way;

6. To preserve sites of historic, geologic or botanic
interest;

7. To 'promote sound, cohesive, and efficient land
development by preserving open spaces between
communities; and
8. To limit the use of the' real property so as to achieve
open space benefits by reselling real property
acquired in fee simple, subject to restrictive
covenants or easements limiting the use thereof for
the purposes specified in clauses (1) through (7)
hereof.

8. Pennsylvania Solid waste Management Act, Act of July 31,
1968, P.L. 788, as amended (35 P.S. Sections 6001 et seq.)

Since improper and inadequate solid waste practices create public
health hazards, environmental pollution and economic loss, it is
the purpose of the Act to:

1. Establish and maintain a cooperative State and local
program of planning and technical and financial
assistance for comprehensive solid waste management;

II-A-10

2. Utilize, wherever feasible and desirable, the
capabilities of private enterprise in accomplishing
the desired objectives of an effective solid waste
management program; and

3. Require permits for the operation of processing, and
disposal systems.

The Act requires municipalities with specified population
densities to submit for Department of Environmental Resources
(hereinafter Department) approval a plan for a solid waste
management system within the municipality's jurisdiction. Each
plan is to consider all aspects of planning, zoning, population
estimates, economics, etc., so as to project the municipality's
solid waste needs for ten years. The Department may bring
actions in mandamus against municipalities which fail to submit
adequate plans.

The Act-also provides for a permit procedure administered by the
Department. It is unlawful for any person, municipality, county
or authority to use or continue to use their land (and/or the
land of any other person, municipality, county or authority) as a
solid waste processing or disposal area without obtaining a
permit from the Department.

"Solid waste" means garbage, refuse and other discarded materials
including, but not limited to, solid and liquid waste materials
resulting from industrial, commercial, agricultural and
residential activities. "Solid waste management system" means
the entire process of storage, collection, transportation,
processing and disposal of solid wastes by any person engaging in
such process as a business or any municipality, authority, county
or any combination thereof.

Sanctions for violation of this Act include criminal and civil
remedies as well as suits in equity restraining violations of the
Act and compliance orders to municipalities to comply with the
Act.

9. Air Pollution Control Act, Act of January 8, 1960, P.L.
(1959) 2119, as amended (35 P.S. Sections 4001 et seg.)

The Act declares that ir- is the policy of the Commonwealth to
protect the air resources of the Commonwealth to the degree
necessary for the (i) protection of public health, safer-y and
well-being of its citizens; (ii) prevention of injury to plant
and animal life and to property; (iii) protection of the comfort
and convenience of the public and the prozection of the
recreational resources of the Commonwealth; and (iv) development,
attraction and expansion of industry, commerce and agriculture.

The Department of Environmental Resources (hereinafter
Department) has, among other powers, the power to develop a plan

II-A-11

for abatement, control and prevention of air pollution, to
regulate the amount of air pollution allowed, to issue orders for
compliance with Departmental regulations, and to institute
proceedings in court to compel compliance with any Departmental
orders. such orders may be for cessation of operation, reduction
of emissions, modification or repair or maintenance of pollution
control devices, installation of pollution control devices or
institution of process changes.

The Act also provides for a permit procedure administered by the
Department. No person shall construct, assemble, install or
modify any stationary air contamination source, or install
thereon any air pollution control equipment or device or
reactivate any air contamination source after said source has
been out of operation or production for a period of one year or
more unless such person has applied to and received from the
Department written approval to do so. No person shall operate
any stationary air contamination source which is subject to the
provisions of subsection (a) of this section unless the
Department shall have issued to such person a permit to operate
such source in response to a written application for a permit.

I'Air pollution" is defined as the presence in the outdoor
atmosphere of any form of contaminant including but not limited
to the discharging from stacks, chimneys, openings, buildings,
structures, open fires, vehicles, processes, or any other source
of any smoke, soot, fly ash,'dust, cinders, dirt, noxious or
obnoxious acids, fumes, oxides, gases, vapors, odors, toxic or
radioactive substances, waste, or any other matter in such place,
manner, or concentration inimical or which may be inimical to the
public health, safety, or welfare or which is, or may be
injurious to human, plant or animal life, or to property, or
which unreasonably interferes with the comfortable enjoyment of
life or property. "Stationary air contamination sourcell is any
place, facility or equipment stationary or mobile, at, from or by
reason of which there is emitted,into the outdoor atmosphere any
contaminant other than any place facility or equipment which,
when operated, moves in a given direction under its own power.

Sanctions for violation of this Act include criminal and civil
remedies, as well as enforcement orders, injunctions and
petitions to enforce.

10. Radiation Control Act, Act of January 28, 1966, P.L.
(1965) 1625 (73 P.S. Sections 1301 et seg.)

This Act designates the Department of Environmental Resources
(hereinafter Department) as the agency of the Commonwealth which
shall be responsible for the control and regulation of radiation
sources, but the Department shall not have the power to regulate,
license, or control nuclear reactors or facilities or operations
incident thereto in duplication of any activity of the Federal
government without the consent of the Federal government.

II-A-12

The Act makes it unlawful for any person to use, manufacture,
produce, transport, transfer, receive, acquire, own, possess, or
dispose of any radiation source contrary to the provisions of the
Act or any rules or regulations issued thereunder.

Sanctions for violation of this Act include criminal penalties as
well as equitable actions including injunctions.

11. Administrative Code of 1929, Act of April 9, 1929, P.L. 177,
as amended (71 P.S. Sections 510-1 et seg.)

Section 510-1 provides for the transfer of powers and duties from
numerous Departments to the Department of Environmental
Resources.

Section 510-2(13) provides that the Department of Environmental
Resources (hereinafter Department) shall, with the approval of
the Governor, have the authority to enter into agreements with
owners or lessees of property or property rights located in the
same area as lands owned or leased by the commonwealth, for the
protection, preservation or recovery of metalic or nonmetalic
ore, fuel, oil, natural gas, or any other mineral deposits
underlying said lands, provided the said deposits are owned by
the Commonwealth.

Section 510-8(d) transfers to the Department the powers and
duties exercised by the Water and Power Resources Board with
regard to permits for the construction of dams, and other water
obstructions, or of any change therein or addition thereto, and
consents or permits for changing or diminishing the course,
current, or cross section, of any stream or body of water.

Section 510-17 gives the Department the power and duty to order
nuisances to be abated or removed. This includes any condition
which is declared to be a nuisance by'any law administered by the
Department, or any activities which exposes the people of the
Commonwealth to unsanitary conditions.

12. Gas Operations Well-Drilling Petroleum and Coal Mining Act,
Act of November 30, 1955, P.L. 756, as amended (52 P.S.
sections 2101 et seg.) .

This is an Act relating to coal mining, well operations, and the
underground storage of gas. The Act further describes procedures
for the safety or personnel and facilities engaged in the
activities mentioned above, and prescribes the rights and duties
of well operators and coal mine operators.

The Act provides for a permit procedure for drilling any type of
oil and gas wells.

II-A-13

sanctions for violation of this Act include criminal penalties as
well as equitable actions including injunctions.

13. Pennsylvania Sewage Facilities Act, Act of January 24, 1966,
P.L. (1965) 1531, as amended (35 P.S. Sections 750.1 et
seq.)

It is the policy of the commonwealth of Pennsylvania through this
Act:

1. To protect the public health, safety and welfare of
its citizens through the development and
implementation of plans for the sanitary disposal of
sewage waste.

2. To promote intermunicipal cooperation in the
implementation and administration of such plans by
local government.

3. To prevent and eliminate pollution of waters of the
Commonwealth by coordinating planning for the sanitary
disposal of sewage wastes with a comprehensive program
of water quality management.

4. To provide for the issuance of permits for on-lot
sewage disposal systems by local government in
accordance with uniform standards and to encourage
intermunicipal cooperation to this end.

5. To provide for and ensure a high degree of technical
competency within local government in the
administration of this Act.

6. To encourage the use of the best available technology
for on-site sewage disposal systems.

7. To ensure the rights of citizens on matters of sewage
disposal as they may relate to this Act and the
constitution of this Commonwealth.

The Act outlines a procedure whereby each municipality shall
submit to the Department of Environmental Resources (hereinafter
Department) an officially adopted plan for sewage services for
areas within its jurisdiction, and submit revisions to that plan
from time to time as required by the Department. The Department
is authorized to approve or disapprove all municipal plans.

The Act also provides for a permitting procedure administered by
the local agencies with Department overview. The Act declares:

No person shall install, construct, or request bid proposals
for construction, or alter an individual sewage system or
communit-y sewage system or construct, or request bid

II-A-14

proposals for construction, or install or occupy any
building or structure for which an individual sewage system
or community sewage system is to be installed without first
obtaining a permit indicating that the site and the plans
and specifications of such a system are in compliance with
the provisions of this Act and the standards adopted
pursuant to this Act. No permit may be issued by the local
agency in those cases where a permit from the Department is
required pursuant to the Act of June 22, 1937 (P.L. 1987,
No. 394), known as the "The Clean Streams Law",, as amended,
or where the Department pursuant to its rules and
regulations, determines that such permit is not necessary
either for a rural residence or for the protection of the
public health.

"Sewage" means any substance that contains any of the waste
products or excrement or other discharge from the bodies of human
beings or animals and any noxious or deleterious substances being
harmful or inimical to the public health, or to animal or aquatic
life, or to the use of water for domestic water supply or for
recreation, or which constitutes pollution under the Act of
un 22, 1937 (P.L. 1987, No. 394), known as "The Clean Streams
Law, as amended.
J

"Individual sewage system" means a system of piping, tanks, or
other facilities serving a single lot and collecting and
disposing of sewage in whole or in part into the soil or into any
waters of this Commonwealth or by means of conveyance to another
site for final disposal; an alternate individual sewage system
shall mean an individual sewage system not heretofore recognized
by rules, regulations and standards of the Department.

"Community sewage system" means any system, whether publicly -or
privately owned, for the collection of sewage or industrial
wastes of a liquid nature from two or more lots, and the
treatment and/or disposal of the sewage or industrial waste on
one or more of the lots or at any other site.

Sanctions for violations of this Act include criminal and civil
remedies as well as suits in equity to enjoin violation of the
Act and enforcement orders to municipalities to ensure their
compliance with the Act.

14. Schuylkill River Pollution/Siltation Law, Act of June 4,
1945, P.L. 1383, as amended, (32 P.S. Sections 751.1 et
seq.)

It is the intent and purpose of this Act to carry into effect a
project to prevent the future accumulation of wastes including
coal, silt, industrial processes and municipal sanitation, and
the prevention of pollution in the Schuylkill River and its
tributaries, and to dredge and dispose of the existing
accumulations in the Schuylkill River above the Norristown dam at

II-A-15

Norristown, Pennsylvania. Such project, among other things, will
involve the acquisition of dams, canals, lands, easements, right-
of-ways and other rights, and of properties for the disposal of
material dredged from the Schuylkill River and its tributaries;
the construction, repair and maintenance of dams required to
carry on dredging operations; the construction of dikes and other
protective works at disposal areas and physical dredging
operations.

The Department of Environmental Resources is authorized to clean
out, widen, alter, dredge, deepen or change the course, current
or channel of the Schuylkill River, or any of the tributaries; to
fill up any abandoned canal or water course; to construct and
maintain levees, dikes, walls, revetments, dams, reservoirs, and
other works and improvements deemed necessary to carry out the
purpose of this Act and to prohibit any dredging operation deemed
inimical thereto. It also has the power to control and regulate
the flow of the Schuylkill River and its tributaries during the
period of the execution of the project; to construct or enlarge
bridges and culverts; to construct and relocate public highways;
to construct any of said works and improvements across or through
any public highway, canal, railroad right-of-way or tracks; to
remove, change the location of, or construct any of the above
mentioned strucutres and facilities, or such other structures or
facilities as are necessary to carry out the intent of the Act.

15. Fish Laws of 1959, Act of December 15, 1959, P.L. 1779, as
amended, (30 P.S. Sections 1 et seq.)

This Act is a comprehensive statute relating to fish and fishing
in the Commonwealth. It covers the following general subject
areas:

1 Fishing Regulations applying to inland waters.

2. Fishing Regulations applying to boundary lakes

3. Fishing Regulations applying to boundary rivers

4. seine Licenses

5. Artificial Propagation Licenses

6. Dams, fishways, barbacks, obstructions, etc.

7. Pollution, trespass on State hatcheries

8. Sale of fish

9. Fishing Licenses

10. Complimentary Licenses

II-A-16

11. General powers of the Fish commission

12. Sunday fishing

13. Enforcement of the Act

14. The Fish Fund

15. Frogs, tadpoles and turtles

16. Historic Preservation Act, Act of November 22, 1978,
P.L. 1160 (71 P.S. Sections 1047(o) .2t �eg.)

It is the policy of this Act that:

1. section 27 of Article I of the Constitution of
Pennsylvania makes *the Commonwealth trustee for the
preservation of the historic values of the
environment.

2. The conservation of Pennsylvania's historic heritage
and the preservation of public records, historic
documents and objectives of historic interest, and the
identification, restoration and preservation of
architecturally and historically significant sites and
structures are duties vested primarily in the
Pennsylvania Historical and Museum Commission.

3. The irreplaceable historical, architecturalg
archeological and cultural heritage of the
commonwealth should be preserved and protected for the
benefit of all of the people, including future
generations.

4. The preservation and protection of historic resources
within the Commonwealth promotes the public health,
prosperity and general welfare.

5. The rapid social and economic development of our
contemporary society threatens to destroy the
remaining vestiges of our historic heritage. .

6. It is in the public interest for the Commonwealth, its
citizens and its political subdivisions to engage in
comprehensive programs of historic preservations for
the enjoyment, education and inspiration of all the
people, including future generations.

The Act further provides 'that all public officials shall
cooperate fully with the commission in the preservation,
protection and investigation of archeological sites.

ii-A-17

17. Stormwater Management Act, Act of October 4, 1979, P.L. 864
(32 P.S. Section 680.1 et seq.)

The policy and purpose of this Act is to:

1. Encourage planning and management of stormwater runoff
in each watershed which is consistent with sound water
and land use practices.

2. Authorize a comprehensive program of stormwater
management designed to preserve and reszore the flood
carrying capacity of Commonwealth streams; to preserve
to the maximum extent practicable natural stormwater
runoff regimes and natural course, current and cross-
section of water of the Commonwealth; and to protect
and conserve groundwaters and groundwater recharge
areas.

3. Encourage local administration and management of
stormwater consistent with the Commonwealth's duty as
trustee of natural resources and the people's
constitutional right to the preservation of natural,
economic, scenic, aesthetic, recreational and historic
values of the environment.

The Act requires that each county prepare and adopt a watershed
stormwater management plan for each watershed located in the
county as designated by, and through the, guidelines prepared by
the Department of Environmental Resources. The management plans
will be prepared in consultation with the municipalities located
within each watershed and shall periodically review and revise
such plan at least every five years. Each watershed stormwater
plan will include specific criteria outlined in the Act for
uniformed management and consistency for all the counties.

18. open Meeting Law, Act of July 19, 1974, P.L. 486 (65 P.S.
sections 261 et seg.)

This Act requires that the meetings or hearings of every agency
at which formal action is scheduled or taken are public meetings
and shall be open to the public at all times. No formal action
shall be valid unless such formal action is taken during a public
meeting.

"Formal action$' means the taking of any vote on any resolution,
rule, order, motion, regulation or ordinance or the setting of
any official policy.

The Act requires public notice of all public meetings in a
newspaper of general circulation and posting of notice in the
principal office of the agency holding the meeting.

II-A-18

Intentional violation of this Act is a [email protected] offense and
carries up to a $100 fine.

19. Executive order

The Governor of the commonwealth of Pennsylvania has the power
and it is his duty to take care that the laws of the Commonwealth
are faithfully executed, Pa. Constitution of 1960, Article IV,
Section 2; 71 P.S. Section 241 (1929).

In carrying out this power, the Governor may issue executive
orders. There are three types of executive orders. The first
type includes formal, ceremonial and political orders which are
often issued as proclamations. The usual purpose of a
proclamation is to declare some special day or week in honor of
or in commemoration of some special thing or event. It is issued
to make the public aware of the' commemoration and usually has no
legal effect. Shapp v. Butera, 22 Pa. Cmwlth. 229, 348 A2d 910,
913 (1975). Yhe second type of executive order is intended for
communication with subordinate officials in the nature of
requests or suggested directions for the execution of the duties
of the executive branch of the government. Like the first
classification, this class is not legally enforceable. Shapp,
supra, 348 A2d at 913. The third type includes those executive
orders which serve to implement or supplement the Constitution or
statutes. These executive orders have the force of law. Shapp,
supra, 348 A2d at 913; U.S. v. Messer Oil CoER., 391 F. Supp 577
(D C Pa. 1975); Farmer v. Philadelphia Elec. Co. 329 F2d 3 (CA
Pa. 1964).

Executive order (number and date) is a mixture of the second and
third type of order identified above. See Section 1 of this
Appendix for the text of the Executive Order. As it relates to
carrying out the law, Executive order (number and date) is
legally enforceable against all administrative departments,
independent administrative boards and commissions and other State
agencies. However, where this executive order merely suggests
directions for the execution of duties, it is only
administratively enforceable.

20. Memoranda of Understanding

The statutory basis for agreements between agencies is the
Administrative Code of 1929, Act of April 9, 1929, P.L. 177, as
amended (71 P.S. Section 181) which provides:

Coordination of Work: The several administrative
departments, and the several independent administrative and
departmental administrative boards and commissions, shall
devise a practical and working basis for cooperation and
coordination of work, thereby eliminating duplication and
overlap of functions, and shall, so far as practical,

II-A-19

cooperate with each other in the use of employees, land,
buildings, quarters, facilities, and equipment. The head of
any administrative department, or any independent
administrative or departmental administrative board or
commission, may empower or require an employee of another
such department, board, or commission, subject to the
consent of the head of such department or of such board or
commission, to perform any duty which he or it might require
of the employees of his or its own department, board, or
commission; provided, however, that employees shall not be
assigned to another department, board or commission in order
to circumvent appropriation limits. See Section 2 of this
Appendix for the text of the Memoranda of Understanding.

II-A-20

SECTION 1

DRAFT EXECUTIVE ORDER
PENNSYLVANIA COASTAL ZONE MANAGEMENT PROGRAM

WHEREAS, the Commonwealth of Pennsylvania is one of the
foremost states in the nation,in leading the battle to improve
the quality of our environment; and

WHEREAS, there is a need to ensure the wise utilization of
the valuable and unique natural resources of the Commonwealth of
Pennsylvania's coastal areas which are currently being threatened
by competing development interests; and

WHEREAS, there is a need to ensure that the inherent
economic and social potential of the Commonwealth of
Pennsylvania's coastal areas be wisely utilized; and

WHEREAS, the Department of Environmental Resources, with the
advice of local governments,, the general public, industry groups,
other branches of State government and appropriate Federal
agencies, has been developing the Pennsylvania Coastal Zone
Management Program; and

WHEREAS, the Federal Coastal Zone Management Act of 1972
provides funds to states who voluntarily implement a Federally
approved Coastal Zone Management Program; and

WHEREAS, pursuant to Federal regulations, one condition of
oastal Zone Management Program approval is demonstration that
the program, as approved, is enforceable; and
C

WHEREAS, several State departments and agencies have
authority for enforcing the Commonwealth of Pennsylvania's
Coastal Zone Management Program and for making rules affecting
the programls enforcement.

THEREFORE, by virtue of the authority vested in me as
Governor of the Commonwealth and in furtherance of the purposes
and policies of Pennsylvania Constitution, Article I, Section 27;
Bluff Recession and Setback Act, Act of _, P.L. (- P.S.
Sections et seg. ; The Dam Safety Act, Act of November 26,
1978, P.E-.-1'575, as amended (32 P.S. Sections 693.1 et seq.);
Stormwater Management Act, Act of October 4, 1978, P.L. 864
(32 P.S. Sections 680.1 et seq.); Soil Conservation Law, Act of
May 15, 1945, P.L. 547, as ended (3 P.S. Sections 849 et seq.);
The Floodplain Management Act, Act of October 4, 1978, P.L. 851
(32 P.s. Sections 679.101 et seq.); Schuylkill River
Pollution/Siltation Law, Act 7f June 4, 1945, P.L. 383, as
amended (32 P.S. Sections 751.1 et seq.); Clean Streams Law, Act
of June 22, 1937, P.L. 1987, as amended (35 P.S. Sections 691.1
et seg.); The Fish Law of 1959, Act of December 15, 1959,

II-A-21

P.L. 1779, as amended (30 P.S. Sections 200 et se g.); Open Space
Lands,, Act of January 19, 1968, P.L. (1967) 992 (32 P-S.
Sections 5001 et seq.); Historic Preservation Act, Act of
November 22, 1978, P.L. 1160 (71 P.S. Sections 1047.1 et Etq-.);
The Solid Waste Management Act, Act of July 31.. 1968, EL. 788,
as amended (35 P.S. Sections 6001 et seg.); The Air Pollution
Control Act, Act of January 8, 1960, P-.L. (1959) 2119, as amended
(35 P.S. Sections 4001 et seg.); Radiation Control Act, Act of
January 28, 19660 P.L. (1965) 1625, (73 P.S. Sections 1301et
seg.); Gas Operations, Well Drilling, Petroleum and Coal Mining
Act, Act of November 30, 1955, P.L. 756, as amended (52 P.S.
sections 2101 et seg. ; Act of July 1, 1978, Public Utility Code,
No. 1978-116, as amended; The Sewage Facilities Act, Act of
January 24, 1966, P.L. (1965) 1535, as amended (35 P.S.
Sections 750.1 et seg.); Open Meeting Law, Act of July 19, 1974,
P.L. 486 (65 P.S. Sections 261 et ff_qj. ; The Administrative Code
of 1929, Act of April 9, 1929, P.L. 177, as amended (71 P.S.
Sections 181, 194, 241, 510-1, 510-2, 510-4, 510-5, 510-6, 519-8,
510-17, 510-20.

I hereby endorse the policies of the Pennsylvania Coastal
Zone Management Program and direct the following steps be taken:

1. The Department of Environmental Resources, CoastAl
Zone Management Branch, is designated as the lead
agency for implementing and administering the Federal
Coastal Zone Management Program for the Commonwealth
of Pennsylvania; and

2. To the maximum extent permitted by law, all
administrative departments, independent administrative
boards and commissions, and other State agenci . es
shall, upon Federal approval of the Pennsylvania
Coastal Zone Management Program, enforce and act
consistently with the goals, policies and objectives
of that Coastal Zone Management Program; and

3. To the maximum extent permitted by law, all
administrative departments, independent administrative
boards and commissions, and other State agencies
shall, upon Federal approval of the Pennsylvania
Coastal Zone Management Program, provide for adequate
consideration of the national interest involved in
planning for and siting of facilities, and the use of
resources in the coastal zones when such planning,
siting, and uses are of more than local interest.

4. Each administrative department, independent
administrative boards and commissions, and other State
agencies shall, upon Federal approval of the
Pennsylvania Coastal Zone Management Program and
thereafter, notify the Department of Environmental
Resources, Coastal Zone Management Branchr pursuant to
the policies distributed to members of the Coastal

II-A-22

Zone Advisory Committee of any and all proposed
activities having an effect on the coastal resources;
and

5. The Department of Environmental Resources, Coastal
Zone Management Branch, shall provide technical
advice, assistance, and coordination to other agencies
and act as a forum for conflict resolution between
agencies in connection with their duties and
responsibilities under this order; and

6. The Department of Environmental Resources shall be the
single State agency to receive and administer the
Federal Coastal Zone Management grants for
Implementing the management program.

7. Conflicts between the fiscal, developmental, service,
or regulatory activities of State agencies which have
a direct and significant impact on the coastal zone,
that cannot be resolved through available
administrative resolution mechanisms, shall be
resolved by the Governor.

II-A-23

SECTION 2

INTERAGENCY
MEMORANDUM OF UNDERSTANDING
CONCERNING COASTAL ZONE MANAGEMENT

PENNSYLVANIA COASTAL ZONE MANAGEMENT PROGRAM

THIS AGREEMENT, entered into this day of , 1980,
between the lead agency for implementation of the State Coastal
Zone Management Program, the Pennsylvania Department of
Environmental Resources, hereinafter called "DEPARTMENT", and the
Pennsylvania , hereinafter referred to as the
"AGENCY".

WITNESSETH:

WHEREAS, the parties recognize and acknowledge the need to
preserve, protect, develop, and where possible, restore or
enhance the resources of the Pennsylvania's coastal areas for
thid and succeding generation; and

WHEREAS, the parties further recognize the need for full
governmental coordination and public incolcement in the
Commonwealth's Coastal Zone Management Program, and the need to
give due consideration to the significance of coastal resources
to Pennsylcania; and

WHEREAS, the AGENCY recognizes that its programs and
activities within Pennsylvania's coastal zones may have a direct
and significant impact on the Commonwealth'scoastal encironment;
and

WHEREAS, the Federal Coastal Zone Management Act of 1972
(P.L. 92-583, as amended) provides funds to states to implement
Federally approved state coastal zone management programs; and

WHEREAS, pursuant to Federal regulations, one condition of
coastal zone management program approval is demonstration that
the program, as approved, will be enforced; and

NOW, THEREFORE, the DEPARTMENT and the AGENCY in accordance
with these consideration, and to promote and carry out Executive
Order No. (XX), issued on , 1980, do hereby agree as
follows:

II-A-24

A. To the maximum extent permitted by law, the AGENCY agrees to:

1. Act consistently with the Commonwealth's Coastal Zone
Policies set forth by the Executive Order No. (XX) and
the Pennsylvania Coastal Zone Management Program.

2. In managing its programs having an affect on the coastal
@areas: (a) fully consider the DEPARTMENT'S adopted
positions and coastal policies; (b) fully consider the
national interest in the siting of facilities that are
other than local in nature, through intergovernmental
coordination; and (c) act appropriately upon these
considerations.

3. Fully consider the compatibility of its plans and
programs with the policies of the DEPARTMENTS Coastal
Zone Management Program and notify the DEPARTMENT of any
incompatibility.

4. Provide an agency staff representative to serve on the
Coastal Zone Advisory Committee of the DEPARTMENT'S
Coastal Zone Management Program.

5. Keep the DEPARTMENT'S Coastal Zone Management Program
advised of the initiation and status of projects or
programs likely to have a direct and significant impact
on the coastal environment, including but not limited to
the established policies of the Coastal Zone Management
Program.

6. Give due consideration to comments and/or
recommendations of the DEPARTMENT as they relate to
AGENCY actions affecting the Coastal Zone Management
Program.

7. Provide access, through the Coastal Zone Advisory
Committee representative, to AGENCY staff and
information gathered by the AGENCY to allow the
DEPARTMENT to have the best information available for
its decision-making process.

8. Review and comment on all policies, plans and other
actions of the DEPARTMENT'S Coastal Zone Management
Program that apply to the AGENCY.

B. The DEPARTMENT shall:

1. Solicit comments from the AGENCY for due consideration
concerning the implementation of coastal zone policies
and programs that relate or could relate to the
policies, programs and statutory responsibilities of the
AGENCY.

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2. As it deems appropriate or when so requested by the
AGENCY, comment in a timely manner on proposed projects
and programs likely to have an impact on the coastal
environment, including proposed facilities and resources
in which there may be.a national interest.

3. Encourage and facilitate coordinated activities by
Federal, State and local agencies whose activities
affect the coastal environment.

4. Provide a forum, when appropriate, for the resolution of
conflicts between the AGENCY and Federal, State or local
agencies whose activities affect the coastal
environment, when no such forum exists by law.

5. Provide such financial assistance as is at its disposal
and is appropriate to the AGENCY to assist in the
implementation of AGENCY programs and policies in the
coastal zones.

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IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed the day and year first above written.

ATTEST: COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL RESOURCES

Clifford L. Jones, Secretary

Approved as legality and form

Assistant Attorney General
Department of Environmental Resources

ATTEST: COMMONWEALTH OF PENNSYLVANIA

(Title) (Title)

Approved as to legality and form

Assistant Attorney General

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Appendix B

Key Program Regulations

INTRODUCTION

This appendix contains the following key regulations which will
be used to carry out the major state authorities (Bluff Recession
and Setback Act, Dam Safety Act, and Floodplain Management Act)
networked into Pennsylvania's Coastal Zone Management Program:

Title 25 DER Regulations (Subpart C) - Chapter 85
Bluff Recession and Setback

Title 25 DER Regulations (Subpart C) - Chapter 105
Dam Safety and Waterway Management

Title 16 DCA Regulations (Subpart G) - Chapter 38
Floodplain Management

It should be noted that these regulations are draft but will
become final prior to Federal program approval. Persons wishing
to comment on Chapters 85 and 105 regulations should contact
E. James Tabor, Manager of the Coastal Zone Management Branch,
and Gilbert E. Kyle, Director of the-Bureau of Dams and Waterway
Management, respectively, prior to July 1, 1980. The comment
period for Chapter 38 regulations is closed, and final adoption
of these regulations is scheduled for Summer, 1980.'

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DRAFT
TITLE 25 RULES AND REGULATIONS
PART I. DEPARTMENT OF ENVIRONMENTAL RESOURCES
SUBPART C PROTECTION OF NATURAL RESOURCES

CHAPTER 85 BLUFF RECESSION AND SETBACK

Authority

The provisions of this Chapter 85 issued under Act of XXX
XXI 1980, XX.

Source

The provisions of this Chapter 85 adopted XXX XX, 1980,
effective XXX XX, 1980.

General Provisions

Section 85. 1. Def inition

The following words and terms, when used in this Chapter,
shall have the following meanings, unless the context clearly
indicates otherwise:

$$Act". Refers to the Bluff Recession and Setback Act, Act
of _, 1980, P.L. _, No. - (32 P.S. Section - et secf.

"Bluff". Any high bank or bold headland with a broad
precipitous cliff face overlooking a lake.

"Bluff Line". The edge or crest-of the bluff.

IfBluff Rec ession0l. The loss of material along the bluff
face caused by the direct or indirect action by one or a
combination of groundwater seepage, water currents, wind
generated water waves, or high water levels,

IlBluff Recession Hazard Are-a!'. An area or zone where the
rate of progressive bluff recession creates a substantial threat
to the safety or stability of nearby existing or future
structures or utility facilities.
I I
"Bluff Setback Ordinance and Regulations". Building codes,
zoning ordinances, subdivision regulations, health regulations,
special purpose ordinances, and other applications.of the police
power, which provide standards for the location of structures and
facilities in bluff recession hazard areas..

"Departmentle. The Department of Environmental Resources of
the Commonwealth of Pennsylvania.

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"Development":

(i) The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose including but not
limited to:

(A) a group of two or more buildings; or

(B) the division or allocation of land or space between or
among two or more existing or prospective occupants by means of,
or for the purpose of streets, common areas, leaseholds,
condominiums, building groups, or other features.

(ii) A subdivision of land

"High Bank". Any bank over five feet high.

"Lake$'. A body of fresh- water covering at, least- 9,,000
square miles.

"Market* Value". The value of a structure determined by a
certified appraisal or by determination through the assessed
value of a structure and applying the assessment ratio of the
county in which the structure is.located to establish a market
value.

"Minimum Bluff Setback Distances". 'The shortest horizontal
distance from any point-on the bluff line to any point- on a
structure.

"Municipality". A city, borough, town or township, or any
county or other governmental unit when acting as an agent
thereof, or any combination thereof acting jointly.

I'Person". An individual, partnership, public or private
association or corporation, firm, trust estate, municipality,
governmental unit, public utility or any other legal entity
whatsoever when is recognized'by law as the subject-of rights' and
duties. Whenever used in any section prescribing or imposing a
penalty, the term "person" shall include the members of a
partnership, the officers, members, servants and agents of an
association, officers, agents, or servants of a corporation, but
shall exclude any department, board, bureau, or agency of the
Commonwealth.

"Parcel".. A piece of ground that existed as an independent
tax lot on the records of the county prior to its inclusion in a
municipality's designated bluff recession hazard areas.

"Plat". A map, drawing or print accurately drawn to scale
showing the proposed or existing location of all structures as
herein defined.

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"Structure". Any man-made object having an ascertainable
stationary location on or in land whether or not affixed to the
land. For the purposes of these regulations, structures are
classified into three categories; residential, commercial, and
light and heavy industrial.

M Residential structures are defined as a place
providing habitation for an individual or group of individuals.
Structures in this category include, but are not limited to,
single family homes, duplexes, and summer cottages, as well as
any secondary structure that is associated with the residential
structure.

(ii) Commercial structures are defined as a place where
commodities are exchanged, bought or sold. Structures in this
category include, but are not limited to, grocery stores,
hardware stores, clothing shops, and pharmacies, as well as any
secondary structure that is associated with the commercial
structure.

(iii) Light and heavy industrial structures are defined as a
place where materials are refined, produced, or fabricated, and
stored prior to shipment to commercial establishments
structures in this category include, but are not limited to:
factories, power plants, and warehouses, as well as any secondary
structure that is associated with the industrial structure.
(iv) Hospitals, nursing homes, schools and other public
service facilities, because of the dangers inherent in bluff
recession, will be subject to -the same setback requirements as
light and heavy industries.

"Structure Life Span". The useful life of the structure
considering both economic and physical factors.

"Substantial Improvement":

(i) Any repair, reconstruction or improvement of a
structure, the cost of which equals or exceeds 50 percent of the
market value of the structure either:

(A) Before the improvement.or repair.is started; or

(B) if the structure has been damaged and is being
restored, before the damage occured,

(ii) Any repairs, reconstructions, or improvements of a.
structure occurring over'a five year period, the aggregate cost
of which equals or exceeds 50 percent of the market value of the
structure either:

(A) Before the first improvement or repair is started; or

II-B-4

(B) If the structure has been dam@ied, and is being
restored, before the damage occurred.

(iii) For the purpose of this definition, "substantial
improvement" is considered to occur when the first alteration of
any wall, ceiling, floor or other structure part of the building
commences, whether or not that alteration affects the external
dimensions of the structure. The term does not, however, include
any project for improvement of a structure to comply with
existing State or local health,'sanitary or safety specifications
which are solely necessary to assure safe living conditions; or
any alteration of a structure listed on the National Register of
Historic Places or a State inventory of historic places.

"Quality Board". Refers to the Environmental Quality Board
established by the Administrative code of 1929, P.L.'177, as
amended, (71 P.S. Section 510-21(e)).

Section 85-2. Scope

The provisions of this Chapter are adopted in accordance
with the duties placed on the Department-by the Act-, and they
shall apply to all municipalities designated as having bluff
recession hazard areas and to all persons constructing,
installing, or engaging in substantial improvement to any
structure or utility facility within bluff recession hazard
areas.

Section 85.3. Purpose of Regulations

The basic purposes of the Act andthese regulations are as
follows:

0.) Encourage planning and development in bluff areas
which is consistent with sound land use practices.

(2) Protect people and property in bluff areas from the
dangers and damages associated with the inevitable
recession of bluffs.

(3) Prevent and eliminate urban and rural blight which
results from the damages of bluff erosion and
recession.

(4) Minimize the expenditure of public and private funds
for shoreline protection and bluff stabilization
structures and activities.

(5) Authorize a comprehensive and coordinated program to
regulate development activities through the use of
setback ordinances in bluff recession hazard areas The
program is designed to preserve and restore the
natural ecological systems, and to prevent continuing
destruction of property and structures.

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(6) Encourage local administration and management of
bluffs consistent with the Commonwealth's duty as
trustee of natural resources, and the people's
constitutional right to the preservation of the
natural, scenic, aesthetic and historic values of the
environment.

Section 85.4. Violations

A municipality that fails to adopt- and submit a bluff
setback ordinance and regulations or fails to properly administer
the provisions of these regulations shall be found in violation
and subject to the penalties of the Act. A person who violates
the provisions of the Act or a municipal ordinance will be
subject to the appropriate penalties of the Act.

SUBCHAPTER A. PROCEDURE FOR DESIGNATION OF
AREAS WITH BLUFF RECESSION HAZARDS

Section-85.11. General Requirements

The Department is authorized by Section 4 of the Act-to
identify areas in the Commonwealth which have Bluff Recession
Hazard Areas. Prior to formal designation by the Quality Board,
the tentatively identified municipality will be invited to submit
comments to the Department-concerning the designation.

Section 85.12. Identification.of Bluff Recession Hazards

(a) Pursuant to Section 4 of the Act., studies will be conducted
when necessary to identify bluff recession hazard areas in
the Commonwealth. studies prepared for these purposes
shall:

(1) Identify the geographic location of the potential
hazard area(s); County, Township, etc.

(2) Define and evaluate the bluff recession hazard in
relation to geophysical processes such as recession
and erosion-related phenomena and examine the
causative factors.

(3) Review and evaluate existing and potential damage to
property and structures caused by progressive bluff
recession.

(4) Develop a recession rate based on historical evidence-

(5) Develop conclusions and recommendations based on the
findings of the studies.

(b) To prevent the.unnecessary expenditure of public funds, the
Department shall inventory, identify, and evaluate previous
studies that may have al'ready been completed. If the

II-B-6

studies meet the requirements of th se regulations, such
studies may be utilized for purposes of Section 4 of the
Act.

Section 85.13. Department Notification to Municipalities

Following completion of the study, the Department shall, by
certified letter, notify the governing body of the municipality
that it has been tentatively designated as possessing a bluff
recession hazard area. The letter shall contain the following
information:

(1) The geographic.location.of the hazard area;

(2) A summary of the-findings of the Department's study;

(3) The historic recession rate and the process used to-
calculate this rate-,

(4) The minimum bluff setback distances that will be
required by the Department;

(5) A request for comments from the municipality
concerning the tentative designation and setback
distances;

(6) specification of the time limits for comment; and

(7) Notice that a public hearing will be held concerning
.the designation of bluff recession hazard areas by the
Quality Board prior to formal designation.

Section 85.14. Municipal Response on Designation

Each municipality tentatively identified by the Department
as possessing a bluff recession hazard area(s) shall be invited
to submit written comments concerning the tentative designation
to the Department within 60 days.of receiving the Department's
notification letter.

Section 85.15. Department Notification of the Environmental
Quality Board

(a) When the Department receives comments from a tentatively
designated municipality, it will prepare and transmit to the
Quality Board a request- for formal designation of the
municipality's bluff recession hazard area(s) and the
establishment of bluff setback distances in the bluff
recession hazard area. The request shall contain at a
minimum the following:

(1) The Department's findings concerning the location and
determination of the bluff recession hazard area in
the municipality;

II-B-7

(2) The nature of the existing and potential damage to
property and structures;

(3) All comments received from the affected municipality;
and

(4) A recommendation, incorporating consideration of the
comments received from the municipality, that the area
be. designated as a bluff recession hazard area(s) and
subject to Subchapter C of these regulations.

(b) In the event a municipality disagrees with the Department's
letter tentatively designating it as possessing a bluff
recession area(s) and the required setback distances and has
not submitted comments acceptable to the Department, the
appropriate representatives of the Department-shall contact
and offer to meet with representatives of the municipality
to review, discuss, and attempt to resolve the differences.
This meeting will be held within 30 days from the date of
the letter received from the municipality-

(c) In the event a municipality fails to comment within the time
prescribed in these regulations, the Department shall assume
the municipality is in agreement, and shall note that
municipality provided no comment concerning the designation
and the required setback distance within the allotted time.

(d) Following transmittal of the Department's- request- to the
Quality Board, the Quality Board will give public notice and
hold public hearings on the request to formally designate
areas within municipalities as subject to bluff recession
hazards.

(e) Following public hearings, the Department shall consider the
comments received at the public hearing and make appropriate
revisions to.the request and resubmit it to the Quality
Board for final action. Following an affirmative action by
the Quality Board, the Department shall notify the
municipality that it-must within six months comply with the
provisions-of the Act and these regulations.

SUBCHAPTER B. BLUFF RECESSION HAZARD AREAS
DESIGNATION AND SETBACK REQUIREMENTS

Section 85.21. General Requirements

Pursuant to Section 5 of the Act, this subchapter provides
procedures for calculation of minimum bluff setback distances and
the limitations of activities associated within minimum bluff
setback distances in designated bluff recession hazard areas.

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Section 85.22. Methods of Determining Minimum Bluff
Setback Distances

(a) The Department shall develop minimum bluff setback distances
for each municipality tentatively designated as having a
bluff recession hazard area(s) by applying the following
formula:

Rate of Bluff X Appropriate life Minimum Bluff
Recession span of'structure Setback Distance

(1) The rate of bluff recession in the formula in'
Section 85.22. subsection (a) is the average.rate of
recession for all the municipality's bluff as
calculated by the Department.

(2) The appropriate life span in the formula is 50 years
for residential homes; 75 years for commercial
structures, and 160 years for light and heavy
industrial structures.

(b) In no case shall the minimum bluffsetback distance be less
than 50 feet. When use of the formula identified in
subsection (a) above would produce a minimum bluff setback
distance of less than 50 feet, the formula shall not apply
and 50 feet will be the minimum bluff setback distance.

Section 85,23. Modification of Minimum Bluff Setback Distances

A minimum bluff setback distance for a municipality may be
modified upon presentation of.formal studies acceptable to the
Department documenting annual recession rates at- variance with
the Department's recession rate data. Upon Department review and
acceptance of the data as accurate and compatible with the
objectives of the Act, a new minimum bluff setback distance shall
be calculated. The Department will request the Quality Board to
amend the designation in accordance with the provisions set forth
in these regulations concerning the minimum bluff setback
distances.

section 85.24. Activities Within A Bluff Recession
Hazard Area(s)

In any area designated as having bluff recession hazard, no
person shall construct, install or engage in substantial
improvement to any structure, or any utility facility such as but
not limited to water, sewage, electric, gas, oil or telephone
facilities within the minimum bluff setback distances established
pursuant to section 85.22 except as provided under S -ection 85.25
or Section 85.37, subsection (4) of these regulations.

II-B-9

Section 85.25. Variances Granted by the Department

(a) During the period between Quality Board designation of a
bluff recession hazard area(s) and the Department's approval
of a municipality's bluff setback ordinance and regulations,
the Department may grant variances to the bluff setback
requirements for all construction in a designated bluff
recession hazard area(s). A property owner shall file an
application with the Department for a variance to allow
construction on his property.

(b) When the Department receives the completed application, it
shall review the application based on the criteria for a
variance pursuant to,Section 85.37, subsection (4).

(p) Within 45 calendar days, the Department shall review the
application and send a registered letter to the applicant
approving or disapproving the variance. A copy of this
letter will be sent to the municipality for its permanent
record. If the Department-does not take action regarding
the application within 45 days, the application shall be
deemed approved.

Section 85.26. Minimum Bluff Setback Distances.-of a
Designated Municipality

The minimum setback distance for the various categories of
structures will be adopted by the Environmental Quality Board
based on the Department's report,.

SUBCHAPTER C. MUNICIPAL BLUFF SETBACK ORDINANCE AND REGULATIONS

section 85.31. -General Requirements

As required by Section 6 of the Act, designated.
municipalities shall adopt and implement- a bluff setback
ordinance and regulations. Subchapter C of this Chapter 85
outlines the procedures for meeting these requirements.

Section 85.32. Time Limit for Municipal Adoption of Bluff
Setback ordinance and Regulations

Each municipality, following formal Quality Board
designation of a bluff recession hazard area, shall within six
months of receiving notification amend or adopt:and implement-a
bluff setback ordinance and regulations which are consistent with
the requirements of Section 85.37.

Section 85.33. Municipal Adoption'and Administration

Each designated municipality is required to adopt and
administer a bluff setback ordinance and regulations in a manner
consistent-with the provisions of the Pennsylvania municipalities
Planning Code or other applicable enabling legislation-

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Section 85.34. Geographic Limit of Bluff Setha-ck ordinance
and Regulations

A municipality may adopt a bluff setback ordinance and
regulations for a bluff recession hazard area without adopting an
ordinance and regulations governing any other area of the
municipality, notwithstanding any provision of the Pennsylvania
Municipalities Planning code or other applicable enabling
legislation.

Section 85.35. Municipal Adoption of More Restrictive ordinance

No provision of the Act shall be construed as in any way
limiting the power of any municipality to adopt more restrictive
ordinances, codes, or regulations governing construction and
development in bluff recession hazard area(s) that are
established pursuant to Sections 85.22-85.24 of these
regulations.

Section 85.36. Procedures for Submission of an ordinance and
Regulations by a Municipality

(a) A municipality in developing.a bluff setback ordinance may
use an existing ordinance and regulations, amend an existing
ordinance and regulations, or develop a new.ordinance and
regulations.

(1) When an existing ordinance and regulations is
utilized, the municipality shall forward one copy of
the proposed ordinance and regulations to the
Department along with comments on how the ordinance
and regulations meets the requirements of the Act and
these regulations.

(2) When an existing ordinance and regulations is amended
to meet the requirements of the Act, the municipality
shall forward one copy, of the ordinance and
regulations and amendments to, the Department along
with comments on how the proposed ordinance and
regulations meets the requirements of the Act and
these regulations.

(3) When the municipality develops a new ordinance and
regulations, the municipality shall forward one copy
of the ordinance and regulations to the Department
along with comments on how the proposed ordinance and
regulations meets the requirements of the Act- and
these regulations.

Section 85.37. Contents of the ordinance and Regulations
Submitted by a Municipality

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(a) The ordinance and regulations submitted by a muni cipality to
the Department shall include at a minimum the following
components:

0) A setback ordinance and regulations that meet the
minimum requirements and contain a minimum setback
distance for each class of structure pursuant to these
regulations.

(2) The municipality shall provide a mechanism for
permitting all proposed construction, installation or
substantial improvement of structures, or any utility
facilities such as but not limited to water, sewage,
electric, gas, and telephone facilities in. designated
bluff recession hazard areas. This bluff setback
permitting process may be incorporated into any
existing permitting process administered by a
municipal building code or zoning officer. At the
request of the municipality, the Department will
provide assistance to the municipality in developing
this procedure.

(3) A municipality shall provide a procedure, as a part of
the ordinance and regulations, that enables monitoring
of substantial improvements to structures bisected by
or within the bluff setback distance. The procedure
must ascertain the market'value of the property prior
to the first improvement (Section 85.1) and document
subsequent improvements to the structure to ensure
that they do not exceed 50 percent of the market value
for a consecutive five year period. At the request of
the municipality, the Department Will provide
assistance to the municipality in developing this
procedure.

(4) T.4e municipality shall,provide for a variance to its
bluff setback ordinance and regulations only in the
following cases:

(i) When an established setback distance prevents
construction -on a parcel of land in a bluff
recession hazard area, a variance may be applied
for. The variance shall be granted only when
the following criteria are met.

(A) The structure and all associated
structures and utilities facilities shall
be located on the property as far landward
of the bluff line as allowed by other
municipal ordinances.

(13) The structure shall be designed and
constructed to be movable in.accordance
with proper engineering standards and

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building moving restrictions applicable to
the subject area prior to damage by bluff
recession. Structures in this category
may include trailers or modular homes.
Review and approval of the design shall be
incorporated Into the municipalities
permit process. All construction
materials, including foundations, shall be
removed or disposed of as part of the
moving operation. Access to and from the
structure site shall be of sufficient
width and acceptable. grade to allow for
moving of the structure.

(ii) when a structure or utility facility requires
access to a lake over or through the bluffs for
operating purposes.

(A) A variance granted under this section
shall apply only to the discharge and
withdrawal lines (infrastructure) that
provide the facility with lake water for
operating purposes. All other structures
must observe the local setback distance.

(B) During the construction, the applicant or
persons engaged in the actual placement of
the. infrastructure must utilize sound land
-L use practices which will reduce disruption
of the bluff edge and bluff face. These
sound land use practices include, but are
not, limited to, methods to minimize:
stormwater run-off, increased soil
erosion, changes to local drainage
patterns, and changes to protective
vegetative cover.

(C) The infrastructure providing the utility
facility or structure access to the lake
will be designed and constructed so that
it is adequately protected from the
dangers of bluff recession and does not
increase bluff recession. To achieve
adequate protection of the bluff, the
construction of the infrastructure will
occur in a manner that minimizes potential
adverse or long-term disruption of the
bluff face and in conformance with the
provisions of Title 25, Chapter 102,
Erosion Control.

(5) The municipality must provide a procedure to amend
municipal setback ordinances. The Department will, at
the request of the affected municipality(ies), provide

II-B-13

assistance in incorporating revisions to these
regulations into the municipal ordinance and
regulations-

.(6) The Department will suggest- an administrative
procedure for maintaining records of all
correspondence, applications for permits, and issuance
and denial of such permits.. on February 28th of each
year, a copy of the records from the preceding
calendar year shall be submitted to the Department for
its review and permanent record. This procedure shall
require that all necessary records include the name
and address of the applicant and the location and
description for the following activities:

W Construction, installation, or engagement in any
substantial. improvement to structures affected
by the minimum bluff setback distance;

(ii) Improvement projects for any existing structure
located within the minimum bluff setback
distance; and

(iii) Variances granted by the municipality in blaff
recession hazard areas.

(7) The municipality has and will continue to alert permit
applicants, when permits are granted, that the bluff
setback requirements are at best a minimum distance
and, because of variations in -local bluff recession
.rates, cannot guarantee that-a property located in a
bluff recession hazard area will.not be endangered by
bluff recession within its useful life span-

SUBCHAPTER D. DEPARTMENT OVERSIGHT OF
MUNICIPAL COMPLIANCE

Section 85.41. General Requirements

As required by Section 7 of the Act-the Department-shall
adopt procedures and regulations for the review and approval of
municipal ordinance and regulations.

Section 85.42. Department-Review and Approval of a Municipal
Setback ordinance and Regulations

(a) The Department shall, within 90 days of receiving a written
request to approve a municipality's bluff setback ordinance
and regulations, review the proposal pursuant to the
requirements contained in Section 85.37.

(b) The Department shall, upon ascertaining that the proposed
bluff setback ordinance and regulations . meet the
aforementioned minimum requirements, notify the municipality

II-B-14

by certified letter of the approval of the ordinance and
regulations.

(c) Should the Department fail to respond within the allotted 90
day time limit, the ordinance and regulations shall be
deemed to be approved and the municipality shall use that
ordinance and regulations to enforce the provisions of the
Act.

(d) Should the Department.- during the review of the proposed
ordinance and regulations, find that the ordinance and
regulations does not meet the minimum requirements .of these
regulations, the Department will disapprove the ordinance
and regulations and will notify the municipality. The
letter will contain the reasons for disapproval and
suggestions for correcting the problem(s). Upon receipt of
this letter, the municipality will have 30 days to correct
the problem(s) and resubmit the proposed ordinance and
regulations. @If the municipality disagrees-"with the
Department's findings, the municipality may. appeal the
Departmentis decision pursuant to the procedures outlined in
these regulations. I .

(e) If the municipality fails to adopt or submit a bluff setback
ordinance and regulations to the Department, the Department
may institute an action in mandamus to compel the
municipality to comply with the requirements of the Act and
these regulations.

section 85.43, Department-Review of Implementation and
Administration of Municipal Setback ordinance
and Regulations

(a), The Department shall review the implementation and
administration of the municipal bluff setback ordinance and
regulations at least once a year to assure coordinated and
consistent enforcement of its bluff setback ordinance and
regulations. The review will occur on a date and location
mutually agreed upon by the representative of the Department
and the appropriat e municipal officials.

(b) If the Department finds that a municipality has failed to
implement and enforce, in a consisten-t and effective manner
the bluff setback ordinance and regulations required by the
Act and these regulations, then the municipality shall be
subject to the sanctions provided in the Act., . The
municipality will be deemed to have implemented and enforced
in a. consistent and effective manner the bluff setback
ordinance and regulations when in any area designated as
having a bluff recession hazard, no person shall have
constructed, installed, or engaged in a substantial
improvement to any structure, or any utility facility in
violation of the bluff setback requirements established
pursuant to the Act and these regulations.

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(c) When the Department finds that a municipality has failed to
implement and enforce the bluff setback ordinance and
regulations as required by Section 85.43. subsection (b) of
these regulations, the Department shall, as it- deems
necessary, conduct additional reviews of the municipality's
implementation and enforcement of the bluff setback
ordinance and regulations to ensure that the appropriate
changes have been made which assure coordinated, consistent,
and eff 'ective enforcement of the municipal ordinance and
regulations.

Section 85.44. Coordination With Environmental Protection
Programs

The Department and all municipalities designated as having a
bluff recession hazard area(s) are still subject to requirements
of other environmental protection programs. These programs
include but -are not limited to: erosion and sedimentation
control, water obstruction, clean water, sewage treatment
facilities, gas well drilling, stormwater management, and
f loodplain management.

SUBCHAPTER E. GRANTS AND REIMBURSEMENTS
TO MUNICIPALITIES

Section 85.51. General Requirements

The Department is authorized by section 11 of the Act to
administer grants to municipalities to assist-or reimburse them
for costs incurred in complying with requirements of the Act.
Grants and reimbursements shall be made available from and to the
extent of Federal funding augmentation under the Coastal Zone
Management- Act of 1972, as appropriated by the General Assembly
for such purposes.

Section 85.52. Limitation of Grants and Reimbursements

Grants shall be available from the Department to
municipalities to reimburse them for allowable costs incurred in
complyIng.with the requirements of the Act.- Grants shall be
limited to:

(1) Seventy-five (75) percent of the costs incurred -for
the development-and implementation of a bluff setback
ordinance. and regulations required by these
regulations; as. well as 75 percent for the costs
incurred by a municipality in revising a setback
ordinance and regulations, established prior to the
Act, to comply with -the requirements of these
regulations.

2) Fifty (50) percent of the allowable costs for the
ongoing administration of an ordinance incurred by and
municipality. Allowable costs for administration of

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bluff setback ordinance shall not -include those costs
which are offset by reasonable permit fees imposed by
the municipality.

Section 85.53. Applications for Grants and Reimbursements

(a) All applications for grants shall be made on forms provided
by and in a manner prescribed by the Department and shall
contain and be supplemented with such information as may be
required by the Department.'

(b) Applications will only be accepted by the Department during
the first quarter of the Commonwealth's fiscal year. The
Departmen't shall notify the municipality, during the fourth
quarter of the preceeding.fiscal year, that grant funds, for
the upcoming fiscal year, will be available for the
administration of their bluff setback ordinance and
regulations.

Section 85-54. Disclaimer for Grants and Reimbursements

Nothing in this section shall be construed to impair or
limit application of this Act to any municipality or person, or
to relieve any municipality or person of duties imposed under
this Act.

section 85455. Records and Audits

(a) Municipalities shall maintain books records, documents,
correspondence and other evidence pertaining to the costs
and expenses incurred pursuant to Section 85.52 of these
regulations, to the extent and in such detail as will
properly reflect all costs, direct and indirect, of labor,
materials, equipment, supplies and services, and other costs
and expenses of whatever nature for which funding has been
provided under the provisions of the grant. Such records
shall be maintained in accordance with generally accepted
accounting principles. A detailed explanation of the
accounting procedures and types of records are contained in
the "Manual of Accounting and Related Financial Procedures
for P6nnsylvania Municipalities", published and distributed
by the Pennsylvania Department of Community Affairs.

(b) It will be necessary for a municipality to maintain
accounting records and supporting documentation which
identify all revenue and costs from the effective date to
expiration date of the grant. As a minimum, the following
books of account shall be used:

(1) Cash receipts journal

(2) Cash disbursement journal

(3) Payroll journal

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(4) General journal

(c) In the event a municipality records tranactions by the
accrual method of accounting, additional records are
required.

(d) The following documentation should be retained in file:
copies of revenue documents, original vendor invoices,
payroll@ records, cancelled checks, worksheets used to
prepare grant, reports and other related grant information.
All records should be retained for a period of three years
from the grant expiration date or until all pending matters
are resolved.

SUBCHAPTER F. APPEALS

Section 85.61. Appeals

(a) Any person.or municipality aggrieved by an action of the
Department shall have the right within 30 days of the
receipt of the notice of such action to appeal such action
to the Environmental Hearing Board, pursuant. to
Section 1929-A of the Act of April 9, 1929 (P.L. 1,77,,
No,. 175),, known as *"The Administrative Code of 192911, zind
the "Administrative Agency Law".

(b) An appeal of any action under the Act shall not act as a
supersedeas, A supersedeas may be granted by the
Environmental Hearing Board upon a showing by the
petitioner:

(1) That irreparable harm to the petitioner or other
interested parties will result if supersedeas is
denied;

(2) That there is a likelihood of the petitioner's success
on the merits; and

(3) That the grant of a supersedeas will not result in
irreparable harm to the'Commonwealth.

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DRAFT
TITLE 25. RUIES AND REGULATIONS
PART I. DEPARIMENT OF ENVIRDIZENTAL RESOURCES
Subpart C. PROTECTION OF NAn?,AL RESOURCES
ARTICLE 11. WATER RESOURCES

CHAPTER 105. DAM SAFETY AND WAMMAY MANAGa4ENT

Authority
The provisions of this Chapter' 105 issued under Act of Novenber 26,

1978, P.L. 1375, Sections 5, 7, 10, 11, and 17, as amended, (32 P.S. Sections

693.5., 693.7, 693.10, 693.11, and 693.17); Act of October 4, 1978, P.L.

851, Sections 302 and 402 (32 P.S . Sections 679.302 and 679.402); Act

of June 14, 1923, P.L. 704, Section 7 (32 P.S. Section 597); Act of June

22, 1937, P.L. 1987, Sections 5 and 402 (35 P.S. Sections 691.5, 691.402);

and Administrative code, Act of April 9, 1929, P.L. 177, as amended, Sections

514, 1901-A, 1908-A, 1917-A, and 1920-A (71 P.S. Sections-194, 510-1,

510-8, 510-17, and 510-20).

Subchapter A. MWAL PRDVISIONS

�105. 1. Definitions.

The following words and term , when used in this chapter, shall have

the following meanings, unless the context clearly indicates otherwise:

'Appurtenant works." Structures or materials incident to or annexed

to dam or water obstructions which are built or maintained in connection

with such dams or water obstructions and are essential to their proper
functioning. For dams, appurtenant works include but are not liniited to

such structures as spillways, either in the dam or separate therefrom;

low level outlet works; and conduits such as tunnels, pipelines or pen-

stocks through the dam or its abutments.

"Body of water." Any natural or artificial lake, pond, reservoir,

swamp, marsh or wetland.

l'Bridge.1' A structure and its appurtenant works erected over the

regulated waters of this Commonwealth.

"Cmuercially navigable waters of 'the Delaware River and its navigable
tributaries.11 Those portions of the Delaware River from the Delaware

border in the south to the railroad bridge at @brrisville in the north

and those portions of the Schuylkill River below Fairmount Dan; Chester

Creek below Ninth Street; Crum Creek below the Route 291 (Industrial

Highway) Bridge; Darby Creek below 84th Street; Neshaminy Creek below the
Route 13 Bridge; Peniypack Creek below the Frankford Avenue Bridge; and

Ridley Creek below the Baltimore and Ohio Railroad Bridge in Chester.

I ICIC=t@t. I ITo erect, build, place or deposit, including preliminary

preparation of a site for construction.

"Course." The path taken by a stream.
"Cross section." The area from the top of the bank to the top of
the opposite bank. of a strean channel as cut by a vertical plane passed
at a right angle to the course of the stream.

"Culvert." A structure with appurtenant works which carries a

stream under or through an embarftient or fill.

"Current." The rate or velocity of flow of water in a stream.
"Dam." Any artificial barrier, together with its appurtenant works,
constructed for the purpose of impounding or storing water or any other
fluid or semifluid; or'any refuse bank, fill, or structure for highway,
railroad, or other purposes wt-dch does or may impound water or any other

fluid or semifluid.

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"Darn Safety and Encroachments Act." The Act of Naveirber 26, 1978

(P.L. 1375, No. 325), as amended, (32 P.S. �693.1 - 693.27).

"Departme:nt.11 The Department of Environmental Resources of the

Ccunxxmqealth.

"Design flood." A specified discharge for which the hydraulic
capacity of astructure is designed.
"Discharge of dredged material." Any addition, deposit, disposal, or

discharge of dredged material into the regulated waters of the Cbmmanwealth,

including but not limited to, the addition of dredged material to a specific

disposal site located in the regulated waters of the Cm=rwealth and the

runoff or averflow of dredged material from a contained land or water

disposal area. The term does not include plawing, cultivating, seeding

and harvesting for the production of food, fiber, and forest products.

"Discharge of fill material." AW addition, deposit-, disposal, or

discharge of fill into the regula ted waters of the Ca=nwealth, including,

but not limited to the following activities:- placenent of fill that is

necessary to the construction of any structure in any regulat ed waters of

the Ccmwnwealth; the building of any structure or impoundment requiring

rock, sand, dirt, or other material for its construction; site-development

fills for recreational, industrial, canmercial, residential, and other

uses; causeways or,road fills; dam and dikes; artificial islands;

property protection and/or reclamation devices such as riprap, groins,

seawalls, breakwaters, and revetments; levees, fill for structures such as

sewage treatment facilities; intake and outfall pipes associated with

power plants and subaqueous utility lines; and artificial reefs. The

term does not include plowing, cultivating, seeding and harvesting for

the production of food fiber and forest products.

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"Dredge." To remove sand, gravel, mud, or other materials from the

beds of regulated waters of the cmnomqealth.
"Dredged material." Any material that is excavated or dredged from

the regulated waters of the CamxnTaealth.

"Encroachment." Any structure or activity which in any marmer

dimges, expands or diminishes the course, current or.cross-section of

any watercourse, floodway or body of water.
VFIM. I IThe Federal Emergency Management Agency.
"Fill." Sand, gravel, earth or other material placed or deposited

so as to form an embanknent or raise the elevation of the land surface;

includes materialused to replace an area with aquatic life with dry land

or to change the bottom elevation of any regulated waters of the Commomqealth.
'71ood." A general but temporary condition of partial or complete.
inundation of normally dry land areas from the overflow of stream,

rivers or other waters of this Coanxmwealth.

"Flood Plain Management Act." The act of October 4, 1978 (P.L.

851, No. 1661 (32 P.S. H679.101 - 679.601).

"Floodplain." The lands adjoining a river or stream that have been

or hereafter may be expect ed to be inundated by flood waters in a 100-year

frequency flood.

"Floodway." The channel of the watercourse and those portions of

the adjoining floodplains which are reasonably required to carry and
discb.@rge the 100-year flood. Unless otherwise specified, the boundary

of the floodway is as indicated on maps and flood insurance studies pro-

vided by FEMA. In an area where noTEMA maps or studies bave defined

the boundary of the 100-year floodway, it is assumed, absent evidence to the

contrary, that the floodway extends frm the stream to fifty (50) feet

from the top of the bank of the strearn.

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"Freeboard." The vertical distance between' the water surface

elevation experienced during the design flood and the crest elevation

of a dam levee, floodwall, or other embankment.
"Height of dam." The vertical measurement expressed i n feet as'

measured from the downstream toe of the dam at its lowest point-to the

elevation of the top of the dam.
'Izvee." An earth embankmmt or ridge constructed along a,water-
course or body of -water to confine water within prescribed limits; it is

also known as a dike.

Ildmited Water and Power Supply Act." The act of June 14, 1923,

P.L. 704, as amended, (32 P.S. ��5 91-625).

"Navigation Commission." The Navigation Commission for the Delaware

River or its navigable tributaries.

"100-year frequency flood." The flood magnitude expected to be

equaled or exceeded on the average of once in 100 years; it may also be

expressed as the flood having a 1.07. chance of being equaled or exceeded

in any given year.

"Operation." Elements of the use, control and functioning of a

facility during the lifetime of the facility, including its removal, which

may affect primarily the storage, release or flow of water, the structural

safety of a facility 'or navigation, with due consideration of the other

purposes of the Dan Safety and Encroachments Act.

"Owner." Any person uiio owns, controls, operates, maintains, or

manages a dam or reservoir, water obs truction or encroachment.

"Person." Any natural person, partnership, association, corporation,

public utility, municipality, municipal authority, political subdivision

of the Commonwealth, receiver, trustee, and any department, board,

commission or authority of the CamxnTwealth.

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"Political subdivision." Any county, city, borough, incorporated

town,township, school district, authority, or other governmental unit
or any combination th ereof acting jointly.
"Probable maximn flood or PMF. " The flood that nay be expected
@rom, the most severe combination of critical meteorologic and hydrologic

conditions that,are reasonably possible in an area; the FMF is derived

from the probable maximn precipitation (PHP) as determined on the basis

of data obtained from the National Oceanographic and Atmospheric

A&Anistration (NOAA) .

'Tublic service corporation or public utility." A corporation,

association, or other corporate body having any of the powers and privileges

of corporations not possessed by@individuals or partnerships which

entity renders a public utility servi@ce; the term shall not include any

m.micipality or m3nicipal authority.

'Tublic service line." Includes, but is not limited to, electric

.transmission lines, gas pipelines, telephone lines, water lines, railroad

trackage, and other facilities owned or operated by public service

corporations.

'Tublic utility service." The rendering of the following services

for the public:

(1) gas, electricity, or st&-im production, generation,

transmission or distribution;

(2) water diversion, pumping, impoundment or distribution;

(3) railroad transportation of passengers or property;
(4) operation of a canal, turnpike, tumel, bridge, wharf or

similar structure;

(5) transportation of natural or artificial gas, crude oil,

gasoline or petroleum products, materials for refrigeration or other

fluid substances by pipeline or conduit;

II-B-24

(6) telephone or telegraph comaunications; and

(7) sewage collection, treatment or disposal.

"Regulated waters of the Canmomealth." All watercourses, streams

or bodies of water, and their floodways, wholly or partly within, or
forming part of the boundary of this Ccmmonwealth.
f'Reservoir.11 Any basin, either natural or artificial, which contains

or will contain the water or other fluid or semifluid impounded.by a

dam.
"Safety." Security frcm the risk or threat of significant loss or,

injury to life, health, property and the awironment.

"Solid Waste Mmiagement Act." The Pennsylvania Solid Waste Mm-iagement
Act (35 P.S. ��6001-6017).

"Spillway." Any device which safely conveys-the design flood of a

dam without endangering its safety or integrity.
"Storage capacity." The volume as expressed if, acte-feet of the

impounded water to the maximum storage level, that is, the top of the

dam.

Storm Water Management Act." The act of October 4, 1978 (P.L. 864,

No. 1.67) (32 P.s. ��680.1 - 680-17).

"Stream." See the definition of watercourse.

"Stream crossings." Any pipeline, aerial cable, or similar structure

which is placed in, along, under, across, or over the regulated waters

of the Camxrwealth.

11strean enclosure." Any bridge, culvert'. or other structure in

excess of 100 feet in length upstream to downstream and,which encloses

any regulated waters of the Cmmorwealth.

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"Submerged lands of the Cammiw ealth.'I All waters and permanently
or periodically inundated lands owned or held in trust by the Commonwealth,
including all navigable lakes and rivers and strean-s declared public

highways.
"Water Obstruction." Any dike, bridge, culvert, wall, wingwall,
fill, pier, wharf., embankment, abutment or other structure locate d in,

along, across or projecting into any watercourse. floodway, or body of

water.

Natercourse or stream.!' Any channel of conveyance of surface

water having a defined bed and@banks, whether natural or artificial,

with perennial or intermittent flow.

"Water Obstructions Act." The act of June 25, 1913, (P.L. 555., No.

355)(32 P.S. ��681-691), repealed by section 27 of the Dan Safety and

Encroachments Act.-

VkIftands.11 Those areas that are inundated or saturated by surface

or ground water'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. For purposes of this Chapter, wetlands

include, but are not limited to, ,mtland areas listed in the State Water

Plan, the U. S. Forest Service Wetlands,Inventory of Pennsylvania, the

Pennsylvania Coastal Zone Management Plan, and any wetland area designated

by a river basin commission.

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�105.2 Purposes.

The purposes of this Chapter are to:.

(1) Provide for the comprehensive regulation and supervision of

dam, reservoirs, water obstructions and encroachments in the Comnonwealth

in order to protect the health, safety, welfare, and property of the

people.

(2) Assure proper planning, design, "construction, m3dntenance,

monitoring and supervision of dams and reservoirs, including such.preventative

measures as are necessary to provide an adequate margin of safety.

(3) Assure proper planning, design, construction, ma3nte nance and

monitoring of water obstructions and encroachments, in order to prevent

unreasonable interference with water flow and to protect navigation.

(4) Protect the natural resources, environmental rights and values

secured by Article I, Section 27 of the Pennsylvania Constitution, and

conserve and protect the water quality, natural regime and carrying

capacity of watercourses.

�105.3. Scope.
The following structures or activities are regulated pursuant to the

Dam Safety and Encroachments,Act and section 302 of the Flood Plain Management

Act (32 P.S. �679.302):

(1) All dam on a natural or artificial watercourse, other than those
licensed pursuant to the Federal'Power Act (16 U.S.C. 791a et 2@a.) where:

(i) The contributory drainage area exceeds 100 acres; or

(ii) the greatest depth of water at maximum storage elevation

exceeds 15 feet; or

(iii)the impounding capacity at maxinxzn storage elevation exceeds

50 acre-feet.

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(2) All dams used for the storage of water not located on a water-
course and which have no contributory drainage, where the greatest depth'
of water at maximm storage elevation exceeds 15 feet and the inpounding
capacity at maximum storage elevation exceeds 50 acre-feet.

(3) All darns used for the storage of fluids or semifluids other than
water, the escape of which may result in air, water or land pollution, or

may result in danger to persons or property.
(4) All water obstructions and encroadm-ents other than dams,'located

in, along,'across or projecting into any watercourse, floodway or body of

water, whether temporary or permanent.

(5) All flood control projects constructed, owned or by

a goverrmmtal unit.

�105.4. Delegations to Local Agencies.

(a) Pursuant to section 17 of the Dam Safety and Encroachments Act,

and subject to the provisions of this section, the Department may by

written agreement delegate to a county conservation district or other county

agency one or more of its regulatory functions including enforcement and

the power to permit, inspect, and monitor the following categories of water

obstructions' and encroachments: any- category of water obstruction or

encroadm-ent, including culverts, fills, strearrbank retaining devices,,

stream crossings, outfalls and headwalls, which do not have the potential

of endangering public safety or property or causing significant damage to

the envirorment.

(b) No delegation shall be mde affecting the following categories

of activities:

(1) any dam;

(2) any water obstruction or encroachment extending below the

low water mark of any navigable stream;

II-B-28

(3) any water obstruction or encroachnent located in, along

or across any stream or reach of stream included in the Federal Wild

and Scenic Rivers System or State Wild and Scenic Rivers System;

(4) any flood control structure constructed, owned, or main

by a governmental unit;
(5) any structure invol-Ang the handling or storage-of any

toxic-or hazardous material as defined by the Federal Clean Water Act or

Federal Resource Conservation and Recovery Act.

any water obstruction or encroachnent constructed, owned or maintained by

the Ccmmonwealth, any political subdivision, or any public utility.

Delegations may be made of the powers to inspect and monitor such.activities,

providing that the Department retains final authority to approve or disap-

prove pentts, and concurrent authority to inspect, monitor and enforce the

provisions of this act.

(d) To the extent delegated by the agreement, such delegations may
include theauthority to enforce the Dan Safety and Encroachments Act and

-regulations adopted thereunder, and to exercise such other powers and
duties otherwise vested in the Depar=mt to implement the act, with'

respect to the categories,of water obstructions and encroachments covered

by the delegation.

(e) Each delegation agreement shall:
(1) specify the powers and duties to be performed by the

delegated agency;

(2) specify the categories of water obstructions and encroach-

ments activities to be covered by the delegated agency;

(3) provide for the commitment by the delegated agency of

sufficient trained staff and resources to perform the powers and duties

to be delegated;

II-B-29

(4) require the delegated agency to maintain records of
activities performed under the delegation; .. 1
(5) "provide for monitoring and supervision by the Department of
ted agency of the functions delegated under the
performance by the delega

agreement.

(f) Any permit for a water obstruction or encroachment issued by a,
delegated agency shall be subject to review by the Department, unless the
right of review is waived by the Department. A permit issued by a dele-

gated agency shall become effective 30 days following the receipt of notice
by the Deparpment of issuance, unless the permit is disapproved by the

Department or an appeal is filed with the Department pursuant to section 17

of the Dan Safety and Encroachments Act.
(g) Where the Department delegates one or more of its regulatory

functions to a local agency, the Department shall in all cases retain

the concurrent power to inspect and monitor all categories of water

obstructions and encroachments, and to enforce the Dmn safety and Encroach-

ments Act and regulations adopted thereunder.

PERMIT.APPLICATIONS

�105.11. Permit Requirements.
(a) No person shall construct, operate, maintain, modify, enlarge

or abandon any dam, water obstruction, or encroacbment without first

obtaining a written permit frm the Department.
(b) Any existing dam, water obstruction, or encroachnent constructed
pursua: nt to a license or permit issued in compliance with the provisions
of the Act of June 8, 1907 (P.L. 496, No. 322), entitled "An act to

establish a Board of Commissioners of Navigation for the river Delaware

and its navigable tributaries; regulating their jurisdiction aver ships,

II-B-30

vessels', and boats, and wharves, piers, bulkheads, docks, slips, and

basins; an d exempting cities of the first class frm certain of its

provisions; and making an appropriation therefor," or the Water Cbstructions
Act, shall be deemed to comply with the construction and operating

permit requirements of this'section. All such projects@shall hereafter
ccaply with the operating, maintenance, monitoring and other requirements

of this Chapter.

who does not hold a permit issued pursuant to the Act of June 8, 1907

(P.L. 496, No. 322), or the Water.-Obstructions Act, shall apply for and

receive a permit pursuant to the Dam Safety and Encroachments Act an or

before January 1, 1981. All such projects shall comply with the.operating,

maintenance, nrnitoring and other requireumts established pursuant to the

Dan Safety and Encroachments Act.
(d) Any permit issued by the department after the effective'date
of the Dan Safety and.Encroachments Act for the construction and operation

of a water obstruction or encroachment shall incorporate authorization

for normal repairs and maintenance of permitted structures conducted

within the original specifications for the water obstruction or encroachment.
Any repairs or mointenance involving modification of the water obstruction
or encroachment from its original specifications and any repairs or

reconstruction involving a substantial Portion of the structure, shall

require the prior written peniLt of the department pursuant to subsection

(a) of this section.

�105.12. Waiver of Permit Requirements.

(a) The following structures or activities do not require a d= or

encroachments permit, pursuant to Section 7 of the Darn Safety and

Encroachments Act:

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The construction of a dam not exceeding three feet in

height in a strean not exceeding fifty feet in width,where such dam is

constructed for the sole purpose of creating a pool for fish and fishing

purposes.

(2) The placing of any water obstruction in a stream.with a

inage area of 320 acres or less after the Department has determined,

on the basis of preliminary data suba&tted by the applicant, that the

water obstruction cannot inTeril life or property, have a significant

effect on coastal resources, or adversely affect the environment.

(b) All such structures and activities shall mee t the construction,-

operating, maintenance, monitoring and other requirements of this Chapter.

No other peradts which nay be required under any law other than the Dan

Safety and Encroachments Act are waived by,this section.
�105.13. Permit A;pplications-Information and Fees.

(a) Application for permits pursuant to this chapter shall be

submitted to the Department in writing, upon form provided by the

Department.

(b) Each application for a permit pursuant to this Chapter, except

applications submitted by Federal, State, ccunty or mmicipal agencies or
a mmicipal authority for a dam, water obstruction or encroachment shall
be accompanied by a check payable to ."Conrmrwealth of Pennsylvania" in

accordance with the following schedule:

I.. WIS

Class A $200 (Based on Size Classi-

Class B $200 fication as defined

Class C $ 50 in �105.91)

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2. WATER OBSTRUMONS and ENCMACHMENTS

Bridges Over 15 foot Span $100

Stream Enclosures $100.

Channel Changes $100
Commercial Dredging $100

All other Water
Obstructions and $ 50
Encroachments

information, maps, plans, specifications, design analyses, test reports,

and other data as may be speicifically required by the provisions of this

chapter and such additional information as may be required by the Department

to determine compliance with the provisions of this chapter.

(d) Each application for the follawing categories of activities shall

include an environmental assessment, on a form established by the

Departmient:

(1) Any dam or reservoir for the storage of water of size

classification Aor B, or hazard classification 1 as defined in �105.91.

(2) Any dan or reservoir used for the storage of fluids or

semifluids other than water, the escape of which may result in air,

water or land pollution, or may result in danger to persons-or property.

(3) Any darn, bridge, culvert, strean crossing, strean enclosure,

dike, levee, flood wall, or stream relocation located in, along or across

a stream identified candidates for or included in the Federal or State

wild and scenic river system .

(4) Any stream enclosure, stream relocation or any other

activity or facility which the Department determines may have a significant

impact on the enviroment.

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(e) Based on the results of the environmental assessment, the

Department may require the stlinission of an environmental report. The
environmental report shall contain studies, analyses, maps, or other
information regarding one or more of the following, as found necessary

by the Department:

(1) The potential impacts to the extent applicable of the

proposed activity on water quality, stream flow, fish and wildlife, aquatic
habitat, Federal and State forests, parks, recreation, instrearn and down-

stream water uses, prime farmlands, areas or structures of historic

significance, stream which are identified candidates for or included within

the Federal or State wild and scenic river system and other relevant

significant environmental factors.
(2) Alternatives to the proposed action, including alternative

locations, routings or designs to avoid or reduce significant adverse

environmental impacts;

(3) Actions to be taken, through design, location, or operation

of the proposed structure or other activities, to mitigate any unavoidable

significant environmental inpacts created by the proposed project.
(f) All applications for pern&ts pursuant to this chapter shall be
accon-panied by an erosion and sedirentation control plan for,all activities
in the,stream and all earthmoving activities, which plan shall conform to
the requirements contained in Chapter 102 of this title (relating to erosion
control) and which shall incl@de a copy of a letter from the conservation

district in the county where.the project is located, indicating that the

district has reviewed the applicant's erosion and sedin-ent control.plan and

considered it to be satisfactory.

(g) Each application shall be signed by the owner or owners of the
proposed dam or water obstruction or the person or persons undertaking

II-B-34

the regulated activity. In the case of a partnership, one or more members

of the partnership authorized to sign on behalf of uhe entire partnership
shall sign the application. In the case of a corporation, it shall be

signed by the president, vice-president, or other responsible official
eapowered to sign for the corporation, with the corporate seal or other
proof of authorizatim-to sign for.the corporation affixed. In the case

of a political subdivision,,it shall be-signed by the chief officer or

officers of the political subdivision, with the seal affixed and attested

by the clerk.
�105.14. Engineer's Certification.

All-plans, specifications, and reports accompanying applications

for dam, bridges, and such other obstructions which would pose a threat

to human life and property in the event of failure shall be affixed with

the seal of a registered professional engineer and his cettification,

which-shall read as follows:

"I (name) do hereby certify that the information contained in the

acccmpanying plans, specifications, and reports has been prepared in

accordance with accepted engineering practice, is trui and correct, and

is in conformance with the rules and regulations of the Department of

Environmental Resources."

�105.15. Review of Applications.

(a) All applications shall be reviewed in accordance with prevailing

practices in the engineering profession.

(b) In reviewing any permit application under this chapter, the

Department will consider the following factors:
(1) Potential threats to life or property created by the project.

(2) The effect of the proposed project an the property or

riparian rights of owners above, below, or adjacent,to the project.

II-B-35

(3) The effect of the proposed project an the regimen and
ecology of the watercourse or other body of water, water quality, stream

flow, fish and wildlife, aquatic habitat, instrearn and downstream uses,

and other significant environmental factors.
(4) The inipacts of the proposed project on any nearby national
wildlife refuge, national natural landmark, national or state park or

recreation area, or national or state historical site.

(5) Compliance by the proposed project with all applicable
laws administered by, the Department, the Pennsylvania Fish Cbmimission,
and any river basin ccmmission created by interstate compact.
(6) Alternatives in location, design and construction which

are available to minimize the adverse impact of the project upon the

eivirorment and to protect the public natural resources of the Cbmmonwealth.

(7) Present conditions and the effects of future development

within the'affected watershed above and below the project which can be

expected during the lifet='e of the structure:

(i) Any dam, water obstruction, or encroachment shall be

designed, constructed, and operated so as to assure adequacy

and compliance with the rules and regulations of this chapter

throughout its lifetime, taking into account all developamt

within the affected watershed.

(ii) In assessing the inpact of future development upon

a dam, water obstruction, or encroachment, the Department may

require the applicant to submit data regarding estimated
developnv--nt potentials and nunicipal, county, and regional
planning related to the affected watershed.
(8) Consistency with state and local floodplain and storm
water managEment programs, the State Water Plan, and the Gbastal Zone

Management Plan.

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(9) Consistency with the designations of wild, scenic and

recreational stream under the National Wild and Scenic Rivers Act of

1968 or the Pennsylvania Scenic Rivers Act, Act of December 5, 1972,

P.L. 1277.

�105.16. Public Benefits.

(a) No application for a permit under the provisions of subchapter D

(relating to stream enclosures), subchapter E (relating to channel changes

and dredging for facility construction and maintenance), subchapter F

(relating to fills, levees, floodwalls, and streambank retaining devices),

subchapter I (relating to commercial dredging), and subchapter J (relating

to discharges of dredged or fill material) of this chapter shall be

approved by the Department unless the applicant demonstrates, and t he

Department finds, that the public benefits of the proposed.project

outweigh the harm to the public natural resources and that the project

is consistent with the conservation and t- ce of public natural

resources. Where the Department finds that a proposed project may,have

significant adverse inpacts an the environment or public natural resources,

alternatives to the proposed project shall be considered, and mitigation

shall be provided by the applicant for all unavoidable adverse inpacts

on public natural resources.

(b) No application for a permit shall be approved by the Department

in the following areas unless the applicant demmstrates, and the Department

finds, that the project will have no significant adverse inpact upon the

public natural resources when:

(1) Any project located in or within 100 feet of apy water-

course or body of water that has been designated as a national or state

wild or scenic river in accordance with the National Wild and Scenic

Rivers Act of 1968 or the Pennsylvania Scenic Rivers Act, Act of

December 5, 1972, P.L. 1277.

IT-B-37

(2) Any project located in or within 100 feet of a federal

wilderness area designated in accordance with the Federal Wilderness Act

of 1964 or the Federal Eastern Wilderness Act of 1975.

(3) Any project located within an area which serves as a
habitat of a rare or endangered species protected by'the Federal Endangered
Species Act of 1973.

(4) Any project located in a Special Protection Watershed, as

designated in 25 Pa. Code Chapter 93.
(c) In reviewing permit applications, it will be the policy of the

Department to encourage development that protects the natural condition

of the watercourse or other body of water.

�105.17. Projects Affecting Ccmmercially Navigable Waters of the Delaware
Basin.

(a) No individual or general permit for a dam, water obstruction 'or

encroacbment in the commercially navigable waters of the Delaware River or

its navigable tributaries shall be issued without notice to and approval by

the Navigation Ccandssion.

(b) When the Department receives a completed application containing
sufficient information to determine compliance with the standards of this

chapter, it shall provide notice to the Navigation Connission and forward a

copy of the application to the Navigation Ccmnission for review.

additional information as the Commission determines is necessary to complete

its review.

(d) Any individual permit application or general permit not acted

upon by theNavigation Cbmmission within 60 days following notice to the

Cbmmission , or within 60 days following receipt of any additional information

required by the comaxission, shall be deemed approved by the Navigation

Ccand.ssion.

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(e) A record of all permits issued for facilities in the commercially

navigable waters of the Delaware River or of its rur,7igable tributaries shall
be forwarded by the Departaent to the Navigation Cam-dssion.

�105.18. Projects Affecting Wetlands.

(a) No.permit will be granted for work in or within 300 feet of any

wetlands or otherwise affecting any wetlands unless the applicant.demon-

strates, and the Department concludes, that the public benefits of the

project outweigh the damage to the wetlands resource and that the project

is necessary to realize the public benefits. In evaluating whether a

particular project is necessary, the Department shall consider whether

the wetlands perform any of the following functions important to the

public interest:

(1) Wetlands which serve important natural biological functions,
including food chain production, general habitat, and nesting, spawning,

rearing and resting sites for aquatic or land species;

(2) Wetlands set aside for study of the aquatic envirorn-ent or

as sanctuaries or refuges;

(3) Wetlands, the destruction or alteration. of which would affect

detrimentally natural drainage characteristics, sedimentation patterns,

salinity distribution, flushing characteristics, natural water filtration
processes, current patterns, or other environmental characteristics;
(4) Wetlands which are significant in shielding other areas

fran wave action, erosion, or storm damage. Such wetlands are often

-iated with barrier beaches, island, reefs and bars;

(5) Wetlands which serve as valuable storage areas for storm

and flood waters;

(6) Wetlands.which are prime natural recharge.areas. Prime
recharge areas are locations where surface and ground water are directly

interconnected.

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(b) The Department shall consider whether feasible alternative sites

no t in close proximity to the aquatic environment are available. The

applicant must provide sufficient information on the need to locate the

proposed activity in the wetland and mzt provide,data on the basis of

which the availability of feasible alternative sites can be evaluated.

Department shall consider whether the cumulative effect of numerous.

such piecemeal changes may result in a major impairment of the wetland

resources; the Department shall evaluate a particular wetland site for

wi-iich an application is made with the recognition that it is part of a

complete and interrelated wetland area.

(d) Mitigation of a form approved by the Department shall be provided

by the applicant for any unavoidable adverse impacts an wetlands created

by a project.

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�105.19. Complete Applications.

(a) The Department shall publish a notice in Lie Pennsylvania

Bulletin upon receipt of a complete application for a permit and again upon

the issuance of a permit by the Department.
(b) No application for a permit is complete until.all necessary

information and reqpirenv--nts under the Dan Safety and Encroachnents Act and

this Chapter, including Proof of Financial Responsibility, have been

satisfied by the applicant.

inccuplete or contains insufficien t information to determine ccupliance

with the standards of this chapter, it will notify the applicant in

writing. Me applicant shall then have sixty (60) days to complete his

application, or the Department will return the application to the applicant

as incomplete.

�105.20. Proof of Financial Responsibility.

(a) Prior to the approval of any permit under this chapter for any

dam, water obstruction, or encroadbiment which nay present a substantial
potential risk to life or property, the Department will,requ='e proof of

financial responsib ility or security for.continued operation and maintenance

during the lifetime of the facility. Categories of damisi water obstructions,

or encroachments which are subject to the proof of financial responsibility

requirement include, but are not lin-&ted to, Category 1 and 2 dam , (Hazard

Potential Classification, as defined in �105.91), sttean enclosures, and

bridges.

(b) As proof of such responsibility or security, the Departmient

may require one or more of the following:

(1) A Certificate of Public Convenience fran the Public

Utility Ccaudssion if the owner of the proposed facility is subject to

II-B-41

regulation under the Act of May 28, 1937, P.L. 1053, No. 286 (66 Pa.

C.S. ��101-3315), known as the "Public Utilities Law," and 66 Pa. C.S.

��101-3315.

(2) Cwnership or management of the facility by an agency of
the Federal, Interstate compact, State, county, or minicipal gavertmient.
(3) A bond or other legal device of a form acceptable to the

Department, payable to the Ccmmonwealth, which guarantees proper construction,

repair, operation, and maintenance, inspection and monitoring of the

facility and removal, if necessary. 7he amount of such shall be sufficient

to cover all costs of entry, repair, correction, operation, maintenance,

inspection, monitoring, or removal of the facility by the Czmmonwealth

in the event of failure of the owner to comply with orders of the Department,

term and conditions of the permit, the provisions of this Chapter, and

the laws under which this Chapter is adopted.

P= ISSUANCE, TRANSFER, AND REVOCATIM

�105.21. Issuance of Permits.

(a) The Department may.grant a permit if it determnes that:

(1) the application is cceplete;

<2) the proposed project or action complies with the standards

and criteria of this chapter and title, and with all other laws administered

by the Department, the Pennsylvania Fish Ccumission and any river basin

commission created by interstate compact;

(3) The proposed project or action will adequately protect

public health, safety, and the enviromnent.

(4) the proposed project or action is consistent with the

environmental rights and values secured by Article 1, �27 of the Constitution,

and with the Comnonwealth's duties as trustee to conserve and maintain

Pennsylvania's public natural resources.

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(b) Any permit issued pursuant to this Chapter shall be subject to

such general and special conditions regarding construction, operation,
maintenance, inspection and monitoring of a project or action as the
Department may deen necessary to-assure compliance with the requirements
and purposes of the chapter, the Dan Safety and Encroachments Act, the

Flood Plain Management Act, and other laws administered by the Department,

the Pennsylvania Fish Commission and any river basin commission created

by interstate ccupact.

�105.22. Denial of Permits.

The reason for denial of any permit application shall be camunicated

in writing to the applicant.
�105.23. Compliance With Other-Applicable Statutes.
Receipt of a permit under the provisions of this chapter shall not

relieve the permiittee of the obligation of conplying with all Federal,

Interstate compact, and State laws regulations, and star4ards applicable to'

the construction, operation, or maintenance of the dam or water obstruction.
�105.24. Transfer of Pe=Lits.,

(a) Permits may be reissued in a new name if there is a change of

ownership of the dan, water obstruction, or encroachment.-

(b) A permit may be transferred only upon application to and

approval by the Department.

(c) No permit shall be transfe=ed if a violation exists at the
time of application for trarL61fer unless the transfer will expedite

correction of the violation.
(d) The applicant,forat transfer shall expressly agree to.abide by

all permit conditions and shall provide the Department with proof of

financial responsibility and security in accordance with �105.20 of this

title (relating to proof of financial responsibility).

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(e) The original permittee shall not be relieved of any obligation
to ccuply with the provisions of this chapter, the terms and conditions
of the permit, or any order issued by the Department until the transfer

has been approved.

�105.25. Revocation and Suspension of Permits.
Failure to comply with 'any provision of this chapter, any order of
the Department, or any term or condition.of a permit issued pursuant to
this chapter shall be cause for the Department to revoke or suspend any

permit.

SUR,,ERGED WW OF THE CCMMMEALTH
LICENSES AND ANNUAL CHARGES

�105.31. Property Rights.

(a) Except as provided in,��105.32 and 105.33 of this title (relating
to licenses for public service corporations), no permit issued pursuant

to the provisions of this chapter shall give any real or personal property

rights nor grant any exclusive privileges, nor shall it be construed to

grant or confer any right, title, easement, or interest in, to, or over

any lands belonging to this Ccmmonwealth.

(b) No permit for a dam, water obstruction or encroachment extending

below the low water mark of a navigable river or stream shall be issued

by the Department until the applicant has first obtained:

(1) an easement, right-of-way, license or lease fran the

Department pursuant to section 15 of the Dan Safety and Encroachments

Act (32 P.S.�693.15) and �105.32 of this Chapter;

(2) a license pursuant to section 514 of The Administrative

Code of 1929 (71 P.S. �194) and �105.-33 of this title (relating to

licenses for public service corporations); or

II-B-44

(3) a license, easement, right-of-way, or other interest in

the submerged lands below the low water mark granted pursuant to specific

statutory authority from the General Assembly.
�105.32. Projects Affecting Submerged Lands of the Ccmmonwealth
Proper Purpose.

(a) If the applicant does not have an estate or interest in the

submerged lands of the Cbmmionwealth pursuant to other specific authority.

frcm the General Assembly at the time of application for a permit pursuant

to the Dan Safety and Encroadm-ents Act, the Department may, with the

approval of the g6vernor, grant an easement, right-of-way, license or

lease to occupy submerged lands of the Conmnwealth in any navigable

lake or river or strean declared a public highway, for any dam, water

obstruction, or encroachment regulated under this Chapter which is

constructed for the purpose of:

(1) improving navigation or public transportation;

(2) recreation, fishing or other public trust purposes;

(3) protecting public safety or the environmient;
(4) providing water supply, energy production or waste

treatment;

(5) providing a public utility service by a government agency

or subdivision, public utility or electric cooperative; or

(6) other activities which require access to water.

(b) The total area of land which any suchproject may occupy under

one or wre easements, rights-of-way, licenses or leases granted by the

Department pursuant to this Section shall not exceed twenty-five acres.
�105.33. Licenses for Public Service Corporations.
In accordance with section 514 of Me Administrative Code of 1929 (71

P.S. �194), any permit issued to a public service corporation to place a

public service line upon, in, or over submerged land of this Ccamonwealth

shall incorporate a license for the privilege of crossing Camrnwealth lands.

II-B-45

�105.34. Navigation and Public Trust.

No easement, right-of-way, lease or license will be granted by the
Department if it may adversely affect navigation or significantly impair
the public's right in lands held in trust by the Cam=vealth.

�105.35. Charges for Use and Occupation of Submerged 1,ands of the
Camonwealth.

(a) Except as provided in subsections (b) and (c), the following

charges shall apply to the granting of an easement, right-of-way, license

or lease to occupy submerged lands of the Cbmmonwealth issued pursuant

to section 15 of the Dam Safety and Encroacl7nents Act and section 105-32

of this Chapter:

(1) For commercial utility and other dams, water obstructions,

andencroacbments (except as listed below):

(a) Charge for preparation of agreement and related
papers - $100.

(b) Ammial rental charges:
(i) For areas occupied by facilities $50 per

acre, determined in tenths of an acre;

(ii) For barge fleeting areas - $25 per acre,

determined in tenths of an acre;

(iii)Mininn ammal charge - $25.

(2) For private recreation"docks, for use by no mre than

three boats'.- owned and used solely by the owners of adjacent riparian
property (unless the project is otherwise authorized by a general permit
issued pursuant to �7 of the Den Safety and Encroachments Act) an annual
charge of $25.

(3) No charge shall be imposed for the following:

(a) Any project constructed or operated prin=ily for

the benefit of a State building or State institution, or con-

structed or operated by the Cammvealth;

II-B-46

(b) Any project or activity constructed or operated to

provide-access by the general public to aters for purposes of

recreation, where such access is provided without charge or an

a non-profit basis;

a political subdivision.which relates to a service for which

M charge or fee is collected-by the political subdivision.

(b) Licenses for public service li nes crossing or occupying submerged

lands of the Cmnunwealth, issued pursuant to section 15 of the Dam Safety

and Encroachments Act or section 514 of the Administrative Code, shall be

subject to the following schedule of annual charges:

Length of Crossings Charges
(in feet) (in dollars)

Less than 500 $ 25
500 to 999 50
1000 to 1499 100
1500 to 1999 150
2000 to 2499 200
2500 to 2999 250
3000 to 3499 300
3500 to 3999 350
4000 to 4499 400
4500 to 4999 450
5000 and over 500

Dan Safety and Encroachments Act or section 514 of the Administrative Code

for the following categories of activities and structures:

(1) Any activity or structure constructed, owned or operated

by a department, commission or agency of the Commonwealth or Federal

government;
(2) Any facility constructed or operated primarily for the

benefit of a state building or state institution;

(3) Any flood controlproject constructed, owned or operated

by an agency of the Cbmmonwealth, the Federal government, or a minicipality;

II-B-47

(4) Any facility constructed, owned or operated by a political

subdivision of the Czm=-twealth in connection with a service for which

no fees or charges (other than general taxes) are imposed;
(5) Any facility to provide access to the general public to

water for recreational boating, fishing, hunting, swimming or other

.recreatim,'operated on a non-profit basis;

(6) Any structure or facility constructed and operated

exclusively to improve fish habitat, pursuant to a cooperative agreement

with the Pennsylvania Fish Cammission;

(7) Any private recreational dock constructed pursuant to a

general permit.

(d). The annual charges imposed in subsections (a) and (b) of this

�105.35 may be revised by the Environaxntal Quality Board at such future

time after approval by the Governor and reasonable notice to the holder

of any license issued under this section.

(e) This section shall not apply to any crossing contiguous to or

in a State park or State forest lands. Easements for such crossings

shall be adrdaiistered in accordance with section 514 of The Administrative

Code of 1929 (71 P.S. �194). and the park and forest land management practices

of the Department.

(f) The removal of sand, gravel, and other valuable minerals fran

submerged.lands of the Caunmvealth shall be subject to the royalty and
agreement provisions established pursuant to section 1908-A of the
Administrative Code and the Act of July 31, 1970 (P.L. 699, No. 225).

II-B-48

OONSTRUMON'REQUMENM AND PROCEMTRES

�105.41. Notices and Reports.
(a) The permittee shall notify the Department, in writing,.of the
proposed time for camencement of work, at least 5 days prior to the

ccanlenCenent of construction.

(b). The Department may require submission of such reports as it
deems necessary on the status of construction.

�105.42. Acknowledgement of conditions.
(a) The permittee shall. fully inform any engineer or contractor

responsible for the supervision and conduct of work covered by any

permit issued pursuant to this chapter of all terms, conditions, restric-

tions, and covenants of the permit.

(b) Prior to the commencement of arrj construction, the permittee
shall file with the Department in writing, on a form provided by the

Department, a statmient signed by the pennittee and any individual

responsible for the supervision'or conduct of-the const ruction work
acknowledging and accepting the general.and special conditions contained
in the permit. Unless such acknowledgement and acceptance have been
filed, the permit shall be null and void.,
(c) A copy of the permit and the acknowledgement shall be available
at the work site for inspection upon request' by any officer or agent of

the Department or any other Federal, State, county, or municipal agency.

�105.43.' Time Limits.

(a) The Department will set mich time limits for the ccarrw-,ncem ent

and completion of work pursuant to any permit issued under this chapter

as it deems reasonable and appropriate to carry out the purposes of this

chapter.

II-B-49

(b) If such work is not completed on or before the dates set by
the Department, unless extended by the Department in writing, the permit

shall become null and void without further notification being required.
�105.44. Implementation of Work According to Specifications.

(a) All work undertaken pursuant to a permit issued under this

chapter shall be conducted in accordance with the maps., plans, profiles,

and specifications as approved by the Department.

(b) No changes in the maps, plans, profiles, and specifications

for work covered by a permit which would affect the waterway area or

structural stability of the project shall be made except with the written

approval of the Department. Upon written approval by the Department,

such changes shall become part of the permit.

work to require such changes or modifications in the maps, plans, profiles,

and specifications for work covered'under any permit as it may determine

are necessary and proper to protect the public health, safety, and the

environment.

�105.45. Inspections.

All work, structures,.and land covered under a permit issued pursuant

to this chapter shall at all times be subject to inspection by repre-

sentatives of the Department, and the.permittee shall allow any repre-
sentative of the Department to enter any property, premises, or place
associated with such permit for the purposes of such inspection.

�105.46. implementation of Erosion and Sedimentation Control Plans.
(a) At all times during the construction of any darn, water obstruction,

or encroachment, the permittee shall follow the erosion and sedimentation

control plan prepared in accordance with Chapter 102 of this title and
submitted with and approved as part of his application.

II-B-50

(b) Construction shall be done in a manner so as to minimize

erosion of barks and bed of the stream and disturbance of the regimen of

the stream.

�105.47. Rewval of Structures.

(a) If all construction work has not been completed within the

time specified in the permit and the time limit specified in the permit

has not been extended in writing by the Department or if a permit has

been revoked for any reason, the permittee shall, at his own expense, in

such manner as the Department may prescribe, remove all or any portion

of the work as the Department requires and restore the water course and

floodplain to their former-condition.

(b) Prior to discontinuing use or aban donment, the owner of any

structure covered by this chapter, rega rdless of whether or not it was

constructed under a permit from this Department or its predecessors,

shall remove all or part of the facility and take other actions as are

necessary to protect safety and the environment in accordan6e with a

permit issued by the DepartnMt.

of its officers or agents an account of any such removal or alteration

of any structure.

OPEFATION, MARMMqU, AND INSPEMON

�105.51. Operation and Maimtenance.

(a) The permittee or owner of any dam, water obstruction, or

encroachment shall at all times operate and maintain the facility and

all appurtenant structures in a safe condition in accordance with all

permit terms and conditions and the provisions of this Chapter, so that

the facility cannot *Teril life, health, safety, or property located

above or below the facility.

II-B-51

�105.52. Inspection.

Regardless of the date of construction of a dam, water obstruction,

or encroachmentor whether or not it was pennitted by the Department or

its predecessors, it shall be the duty of the permittee or owner of a

dam, water obstruction, or encroachment to evaluate the safety of the

facility and all appurtenant structu res and to modify the facility in

acca rdance with the permit requirements of �105.11,.to ensure its safety

in accordance with changed conditions and current safety criteria.

�105.53. Inspections By Owners and Inspection Reports.

. The permittee or owner of any dam, water obstruction, or encroachment

shall inspect the facility and all appurtenant works according to the

following schedule:

(a) All dams, reservoirs, and their appurtenant works shall be

inspected at least once every three months.

(b) For all Category 1 or Category 2 dams, Hazard Potential

Classification as defined in �105.91 of this Title, ammial reports

regarding the condition of the dam, certified by a registered professional
engineer, shall be submitted to the Department on or before October 1 of

each year. @bre frequent reports of.dam. conditions may be required by

the Department, if in its discretion, conditions indicate such reports
are necessary to assure adequate protection of health, safety, and

property.
(c) For all local flood protection projects, ammal reports regarding

the condition of the flood protection facility shall be submitted to the
Department an or before October I of.each year.
(d) The owner of any water obstruction or encroachment shall conduct

periodic inspections to ensurethe safe operation, monitoring, and

II-B-52

maintenance of the facility in accordance with the rules and regulations

of the Department, terms and conditions of the petult, and approved

operating or monitoring plans

(e) The owner shall retain records of such inspections, including

records of actions taken to correct conditions found in-such inspections
Copies of such records shall be provided to the Department on request.

(f) The Department may, through terms and conditions of the permit

or by request at any tiMe, require the owner to submit certified reports

regarding the condition of the facility to the Department.

(g) In-lieu of inspections conducted by the owner and certified
reports submitted by the owner, the Department may accept reports'of

equivalent inspections conducted and prepared by governmental agencies.

�105.54. Monitoring Systems.

The permittee or owner of any dam, water obstruction', or encroachment

shall set up and implement such monitoring system as are required by

the Department in the terms and conditions of the permit.

INVESrIGmoN AND oomcricv OF UNSAFE cominoNs-
EMERGENCY PROCEDURES

�105.61. Procedures for Investigations .

The Department may, if it.finds there is reasonable cause to suspect
the existence of conditions adversely affecting the safety of a dam,

water obstruction, or encroachment, order the owner to conduct such

investigations, studies, tests, and analyses as may be required:to

properly evaluate the safety of the structure. Such investigations,

studies, tests, and analyses shall be accomplished under the supervision

II-B-53

of a registered professional engineer, experienced in the design, con-
struction, operation, and maintenance of such fa cilities and approved by
the Department, and in accordance with such methods as the Department
may prescribe. Failure to provide such investigation results to the

Department on request shall constitute adequate grounds,for revocation

Lt.
or suspension of a pernf

�105.62. Correction of Unsafe Conditions.

(a) If the Department determines that any dam, water obstruction

or encroachment is unsafe or adversely affects property or the environment

or has not been.properly constructed, operated, monitored, or maintained

in compliance with all legal requirements, it may require the owner of

the facility to repair, alter, maintain, or remove the facility or take

such other action as necessary to carry out the purposes of this'Chapter

within such time as prescribed by the Department.

(b) The Department or its authorized agents may enter and cond=t

such investigations, tests, and analyses or take such corrective action
as required to carry out the purposes of this Chapter if one or more of
the following 6anditions exist:

(1) the owner cannot be ascertained or found;

(2) the owner refuses or fails to comply with an order issued

by the Department pursuant to Section 14 of the Darn Safety and Encroachments

Act or this section; or

(3) the condition of the facility is so da ngerot-ts as to

require iumediate remdial action:.
The Department thereafter may recover from the owner, in the name
of the Camurwealth, the expenses incurred in taking such action in the

same manner as debts are recoverable by l-w.

II-B-54

�105.63. Emergency Procedures.

(a) The permittee or owner of any dam, water obstruction, or

encroachnent shall immediately notify the Department and responsible

authorities in adjacent and downstream ccmu-dties, including emergency

management authorities, of any condition wi-dch may threaten the safety

of the facility, and take all necessary actions to protect life and

property, including any action required under an emergency plan or

.Department order issued pursuant to the Dan Safety and Encroachments

-Act.

(b) The pern-dttee or owner of any dam or reservoir shall immediately

notify the Department, and responsible Emerp
,ency Management authorities

in adjacent and downstream ccmnn-dties of any conditions which may

indicate a potential dan hazard emergency, including, but not limited

to, any of the following conditions:

(1) Sliding of upstream or downstream slopes or abutments

contiguous to-the dan.

(2) Sudden subsidence 6fthe crest of the dam.

(3) Longitudinal or transverse cracking of the crest of the

dam.

(4) Uhusual release of water from the downstream face and/or

toe of the dam.

(5) Any other unusual conditions at the downstrearn slope of

the dam.

(6) Significant landslides in the reservoir area.
(c) Telephone calls to the Department pursuant to this section

should be directed to the following nurbers:

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Norristown Region - (215) 631-2422
For tfi following counties:
Berks Delaware Northampton
Bucks Lehigh Philadelphia
Carbon Monroe Pike
Chester Montgomery Schuylkill

(412) 276-111
Zie Region - I
For the following counties:

Allegheny Crawford Lawrence
Armstrong Elk McKean
Beaver Erie Mercer
Butler Fayette Potter
Cambria Forest Somerset
Cameron Greene Venango
Clarion Indiana Warren
Clearfield Jefferson Washington
Westrmeland

Harrisburg Region - (717) 783-9726
For the following counties:'

Adams Franklin Lancaster
Bedford Fulton Lebanon
Blair Huntingdon Mifflin
Cunberland. Juniata Perry
Dauphin York

Wilkes-Barre Region (717) 826-2371
To-r-Eie- following counties:

Bradford Luzerne Sullivan
Centre Lyccadng Susquehanna
Clinton Montour Tioga
Coluabia Northumberland Union
Lackawanna Snyder Wayne
Wyoming

(d) In the event that no contact is wde with the Regional Office,

calls should be directed to the Harrisburg Central Office at (717) 787-

4467 or (717) 783-1384, or to the Pennsylvania Emergency Management Agency

at the following nunber: (717) 783-8150.

II-B-56

SUBMAPTER B. DAM AND MERVOIRS

GENERAL PROVISIMS

�105.71. Scope.

Except as provided in ��105.3 and 105.12 of this title (relating
to scope and waiver of permit requirements), provisionsof this subchapter
shall govern the construction, alte ration, enlargement, repair, maintenance,

operation, and removal of any dan or reservoir regulated under the Dan

Safety and Encroachments Act.

PERUTS

�105.81. Permit Application.

(a) In addition to the information required by ��105.13 and 105.14

of this title (relating to permit application information and engineer's

certification), all permit applications pursuant to this subchapter

shall give the folla,;ing information:

(1) The name and address of the applicant..

(2) The location, type, size, height, and purpose of the

proposed dam and reservoir and appurtenant works.

(3) For projects involving storage of fluids or semi-fluids

other than water, inf ormation concen-dng'the chemical content, viscosity,
and other pertinent physical characteristics of the fluid or semi-fluid

impounded.

(4) The storage capacity and reservoir surface areas for

normal pool and m-odnin high water.
(5) Plans for proposed permanent monitoring of performance by

inStru-nent installations in the dam, including the purposes of the

instrumentation. If no instrumentation is considered necessary, reasons

for this judgment shall be stated.

II-B-57

(6) As accurately as may be readily obtained, the area of the

drainage basin, pertinent rainfall and streamflow records, and flood

flow records and estimates.

(7) The proposed time for commencement and anticipated completion

of construction.

(8) The method and schedule of operation of the dam, including

an emergency warning plan.

(9) Plans for control of erosion and water pollution during the

anticipated construction operations, including plans for adequate measures
to limit the erosion of the soil frcm exposed slopes after completion of

construction. Such plans shall indicate that adequate control measures will

be taken during construction to protect the quality of stream flow below the

project site. The application shall include a copy of a letter frm the

Conservation District in the county where the project is located indicating

that the District reviewed the applicant's erosion and sediment control plan
and considers it to be satisfactory.

(10) Proof of title or adequate flowage easements for all land

area below the-top of the dam elevation that is subject to inundation.

(11) Such other information as the Department my require.

(b) The application shall be acconpanied by a design report, con-
struction plans, and specifications, all in sufficient detail to evaluate

the safety, adequacy,-and suitability of the proposed work.
(c) The applicant shall conduct and submit the results of such
investigations and tests as the Department, in its judgment, believes are
necessary to determine the safety, adequacy, and suitability of design,

including but not limited to:
(1) Data concerning subsoil and rock foundation conditions and

the materials entering into the construction of the dam or reservoir.

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(2) Data concerning exploratory pits, drilling, coring, and

tests to determine seepage rates.

(3) Data concerning the strength tests necessary to measure the

physical properties and behavior of foundation and eabankment materials at

the dam or reservoir site.

(4) Data concerning the geology of the dam or reservoir area,
indicating possible hazards such as faults, weak seams, and joints.

(5) Data concerning availability and quality of construction

materials.

(6) Such other information as may be necessary, including the

design calculations for the dam, which shall be made available to the

Department on request.

(d) All plans and specifications and the results of any tests or

investigations.shall be prepared under the supervision of and certified by

a registered professional engineer experienced in dam design and construction

and assisted by qualified engineers, geologists, and other specialists, when

necessary.

CLASSIFICATION AND DESIGN CRITERIA

�105,91. Classif ications of Dam and Reservoirs.

(a) Each dam or reservoir shall be assigned a classification by the

Department, in accordance with the potential damage which might occur in

the event of an operational or structural failure.. In assigning such damage

potential classification, the Department will consider, without limitation:
(1) the height of the dam and storage capacity of the reservoir;

(2) the physical characteristics and degree of actual and

projected development of the dam, site and downstream areas; and

(3) the relationship of the site to existing or projected

industrial, conTmrcial, and residential areas and other land uses down-

stream which my be affected by a darn failure.

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(b) The following shall be the classifications and descriptions as
used in this Subchapter B:

SIZE CLASSIFICATIOIV,

Impoundment Storage Dam Height
Class (Acre Feet) (Feet)

.A Equal to or greater than 50,000 Equal to or greater than 100
B L@!ss than 50,000 but greater than 1000 Less then 100 but greater than 41
C Equal to or less than 1000 Equal to or less than 40

INCIE: Size classification may be determined by either storage or height of
structure, whichever gives the higher category.

HAZARD POIEN= CLASSIFICATION

Extent of Development

Category Loss of Life Economic loss

1 Substantial Excessive (extensive residential,
commercial, agricultural and
substantial public inconvenience)

2 Few (no rural communities Appreciable (damage to private
or urban developments and or public property and short
no more than a mall number duration public inconvenience)
of habitable structures)

3 None expected (no permanent Minimal (undeveloped or occasional
structure for human structures with no significant
habitation) effect an public convenience)

�105.92. Foundations.

(a) The foundation of any dam or reservoir shall be stable under all

probable conditions.

(b) In analyzing the stability of the foundation of any proposed or

existing darn or reservoir, the applicant must consider all of the following

factors:

(1) The seismic forces at the site.

(2) The shearing strength of the famdation.

(3) Settlement and subsidence.

(4) Leakage, permeability, and solubility.

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�105.93. Design Stress.

In the construction of all dam and reservoirs, allowable stresses
shall conform to the current standards accepted by the engineering profession.
�105.94. Spillways.

(a) Every dam shall be provided with a spillway system %hich is
capable of safely conveying the design flood of the dam without endangering

the safety or integrity of the dam.
(b) Each spillway shall include a satisfactory mans of dissipating the
energy of flow at its outlet to assure conveyance of flow without endangering
the safety and integrity of the dam or the natural environment of the stream.

�105.95. Freeboard.

Sufficient freeboard shall be provided to prevent overtopping of the

dam during the design flood of the dam and to allow for wave and ice action.

�105.96. Outlet Ubrks.

(a) All dams shall include a device to permit-the draining of the

reservoir within a reasonable period of tim as determined by the Department,

unless the Department determines that an cutlet works is not feasible for

a specific dam.

-(b) In determining the reasonabletime period for drainage of the

reservoir, the Department may consider, without limitation, the following

factors:

(1) The damage potential posed by possible failure of the dam.

(2) The risk and nature of potential failure and the tirne likely

to be available to avert such failure after notice of conditions threatening

the safety or stability of the darn.

(3) The purpose of the dam and reservoir.

(4) The capacity and stability of available drainage courses to

convey the waters released fran the reservoir in the event of emergency

drainage.,

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(5) he influence of rapid drawdown on the stability of the dam,
its appurtenant works, and the upstream natural slopes of the reservoir.
(c) Each outlet works shall include a means of dissipating the energy
of flow at its outlet to assure conveyance of flow without endangering the
safety and integrity of the dam or the natural environment of the strearn.

�105.97. Stability of Structure.

(a) All dam shall be structurally sound and shall be constructed of

sound and durable materials. The completed structure shall be stable under

all probable conditions of operation.

N In reviewing the stability of a structure, the Department may

consider, without limitation, the following:
(1) The physical properties of the materials available for

construction.

(2) The seismic and hydraulic forces affecting the structure.

(3) The methods of construction.

(4) The conditions of operation of the dan and reservoir.
�105.98. Design Flood Criteria.

(a) The discharge capacity or storage capacity, or both, should be

capable of safely accommodating the recomnended design flood for the

size and hazard potential classification of the darn as determined by �105.91

of this title (relating to classification of dam and reservoirs). The

design flood is intended to represent the largest flood that need be

considered in the evaluation of a given project. Where a range of design
flood is indicated, the magnitude that most closely relates to the size

and hazard potential should be selected. Design flood criteria shall be

as indicated in the following table:

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Size and Hazard
Potential Design Flood
Classification

A-1, A-2, B-1 PMF

A-3, B-2, C-1 1/2 PMF to RE

B-3, C-2 100 year to 1/2 PMF

c-3 50 year to 100 year
frequency

(b) The Department may, in its discretion, require consideration of

a minimum design flood for any class of dams or reservoirs in excess of

that set forth in subsection (a) of this section where it can be d==trated

that such a design flood requirement is necessary and appropriate to provide

for the integrity of the darn or reservoir and to protect life and property

with an adequate imrgin of safety.

flood for any class of dam or reservoirs where it can be demmstrated that

such design flood,provides for the integrity of the dam or reservoir and

protects life and property with an adequate n=gin of safety

�105.99. Dams in Subdivision Developments.

Wherever a darn or reservoir is proposed to be constructed in or as

a part of any existing or proposed subdivision development, the Department

will include in the pennit such conditions as are necessary to prevent

construction of structures on lands which imay be subject to flooding

caused by the maximan pool of the darn and to require the pennittee to

adequately inform potential buyers or lessees of such restrictions

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CONSTRUCTION REQUIREMENTS AND PROCEDURES
�105.101. Notices and Reports.
At least 15 days prior to commencement of construction, the permittee
shall notify the Department, in writing, of the proposed tinve for
camiencement of work. Thereafter, a detailed report on. the status of

construction shall be submitted monthly to the Department of Environmental

Resources, Division of Dam Safety, P.0..Box 2357, Harrisburg, Pa.,
17120, until all construction work has been completed.

�105.102. Personnel and Supervision.

(a) All wrk shall be conducted under the direction of a campetent

engineer, approved by the Department, and such engineer or a ccagetent repre-

sentative shall be on the work site at all times during construction and

until completion of the dam.

(b) The permittee shall file with the Department at least 15 days

prior to the ccmnencement of construction a statement setting forth the

name of the contractor or contractors conducting the work authorized by the
permit and the names and employers of all personnel responsible for the

supervision of construction.

�105.103. Weather and (kound Con di.tions.

(a) No earth or other embankment material which is in a frozen con-

dition shall be covered or placed in eabanknents.
(b) Masonry and concrete shall not be placed in freezing weather,

except under conditions approved by the Department.

�105.104. Removal and Disposal of Vegetation.

(a) All work shall be conducted in such a manner as to miniaLize the

destruction of, or damage to trees and other vegetation on and adjacent to

the construction site.

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(b) Vegetation cleared and rer-wved from the site shall be disposed

of in accordance with all applicable laws and regulations.

�105.105. Collectionaid Disposal of Waste Materials.

All waste materials, scrap, or excess cons truction.materials shall be

Coll ected, stored, and disposed of in accordance with the Solid Waste

Management Act and Chapter 75 of this title (relating to solid waste manage-

ment). In no event shall waste or scrap materials be stored or disposed

of in or along any strean or other body of water or in a manner which could

cause pollution of the airand waters of this Ccmmnwealth.

�105.106. Activities and Facilities on The Construction Site.

All activities and facilities on the construction site shall be con-

ducted and operated in such manner as to avoid pollution of the air and

waters of this Ccmnmmqealth and in accordance with all applicable laws and

the provisions of this title.

�105.107. Completion Certificate and Final Plans.

(a) Within 30 days after the completion of all work authorized by a

permit issued under this subchapter, the permittee shall file with the

Department a certified statement, signed by the supervising engineer and

by the permittee, that all work has been performed in accordance with the

terms and conditions of the permit; with the approved maps, plans, profiles,
and specifications; and with all applicable laws and the provisions of

this title.

(b) Within 90 days after the completion of all work, the permittee

shall file with the Department a set of final "as built" plans for the

project, showing all changes from. the original plans and specifications.

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WATER STORAGE AND DISCHARGE

�105. 111. Camenceiment of Water Storage.
The permittee shall notify the Department, in writing, at least one
week in advance of the date proposed for the cam-encement of water

storage in the reservoir or pond created by the dam for which the permit
is issued. The Department may, at its discretion, require that a repre-
sentative of the Department be at the site before or during the filling
of the pond or reservoir.

�105.112. Stream Flow During Ccnstruction, Filling, and Repair.

During the period of constructim,_alteration, enlargement, or

repair and during the period that the pond or reservoir is being filled,

by
the permittee shall allow a sufficient flow of water, as determined

the Department, into the stream'below the dam to support fish and other

aquatic life and to preserve the water quality in the stream.

�105.113. Releases.

(a) The Department will iuq)ose such general and special conditions

regarding release rates in any permit for a dan or reservoir as it deems

necessary-to maintain stream flows for the purposes of protection of public

health, water quality control, conservation of fisheries and aquatic

habitat, improvement of creation, and protection of instrearn and down-

strean water uses.

(b) For all dams or reservoirs constructed after August 28, 1978:

(1) The minirmn release rate shall be the average consecutive

seven-day flow having a recurrence interval of once in ten years
(Q 7-10)-plus an additional release rate determined by the following

formula.

II-B-66

Release rate Q 7-10 + PDF (.25 csm. - 0-7-10 csin)
(csm)

where PDF the percentage factor based on the storage
capacity of the reservoir measured as
percent of average annual runoff retained
in the reservoir. This factor is explained
in Planning Principles, State Water Plan
SWP-l (March, 1975).

.25 csm .25 cubic feet per second of flow per
square mile of watershed.

Q 7-10 csm Ihe seven-day, ten-year low flow, in cubic
feet per second per square mnile of watershed.

The minimum release rate determined by this forn3la shall not
exceed 0.2-5 cubic feet per square mile of watershed.

(2) The release rate may be modified or additional releases

required by the Department to provide for the purposes stated in subsection

(a), and to satisfy particular stream requirements or downstream, riparian

rights.

the Department shall determine a reasonable schedule for release rates,

considering-

1) The purposes stated in subsection (a)-, and the particular

needs of instream and downstream water uses on the affected stream;

(2) The capacity of existing release works at the dam, and

feasibility of potential modification of such release works;

(3) Ihe yield of the reservoir, and its capability to met

release requirements and satisfy the purposes and uses of the reservoir.

(d) Evetry darn shall at all times be operated in such manner as to

allow the required flow of water into the stream below the darn, as

established pursuant to this section, and as otherwise necessary to support

fish and other aquatic life and to assure ccmpliance with the water quality

criteria set forth in Chapter 93 of this title (relating to water quality

criteria) , and to provide for other instream. uses for the affected stream

or stream.

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PRGIEMON AND REMRATION OF AQUATIC LIFE

�105.121. Fishways.

Upon the request of the Fish Cmmission, the permit-tee shall install
and maintain such c1mtes, slopes, fishways, gates, or other devi ces as the

Fish Commission. may require pursuant to the provisions of section 185-187 of

1he Fish law of 1959 (30 P.S. ��185-187).

�105.122. Drawdcwn of Inpounded Waters.

Impounded waters which are inhabited by fish shall not be drarm down

except with the written approval of the Fish CamLission issued in accordance

with section 191 of The Fish law of 1959 (30 P.S. �191).

�105.123. Restoration of Aquatic Life.

If the Department-finds that construction of a dam or reservoir- has

so substantially disn:pted aquatic life as to preclude natural restoration

of the stream ecoloU within a.reasonable period of tirm, the permittee

shall be required to submit and implement a plan to restore the aquatic

life-of the-stream to its prior condition, to the maxitmn extent possible.

1he plan shall be subject to review and modification by the Department

in consultation with the Fish Commission and.shall include but not be

limited to:

(1) placerient of bed gravel;

(2) stabilizationlof barks and bed;

(3) installation of stream improvement devices;

(4) revegetation of stream and banks; and
(5) stocking of fish and other aquatic life.

'EI-B-68

OPMATION, MkUMMANCE, AND EkIERGENCIES

�105.131. Operation and Monitoring Plans.

.(a) In addition to the requirements of ��105.51 through 105.54

of this Title, the permittee or owner of any dam or reservoir shall at

all times follow the method and schedule of operation of the dam or

reservoir, including the em gency. warning plan, as approved by the
Department, and shall implement any plan approved by the Department for

permanent mo nitoring of performance by instrument installation in the

dam.

(b) No permittee.or owner of any dam or reservoir shall modify or

cease implementation of all or part of the approved plans and methods of

operation or monitoring without the prior approval of the Department.

�105.132. Inspection.
The permittee or owner of any dam or reservoir shall'follow the

inspection schedule set forth in �105.53 of this Title.

�105.133. Directed Repairs.

The permittee shall immediately take any and all such steps as the

Department may prescribe as necessary to preserve the structural stability

and integrity of the dam and protect health, safety, and property.

�105.134. Emergency Warning System and Operation Plan.

The owner of any dam or reservoir that nay cause los s of life or

serious damage to property should a failu re of the dam occur shall

develop an emergency warning system and operation plan to be followed in

the event of a dam hazard emergency. The emergency warning systan and

operation plan shall be submitted to and approved by the Department and

local emergency management officials prior to ccmmencenent of water

storage in the reservoir or pond created by the dam during any stage of

construction of the dam. 11-le emergency warning system and operation

plan shall, at a minimum, contain the following elements:

II-B-69

(a) An identification of the area below the dam which may be
threatened with loss of life or serious damage to property should a

failure of the dam occur.

(b) A listing of key municipal and emergency management officials
and their telephone numbers. Such list shall be readily available at

the dan site near a telephone o:e other means of ccmmunication, if available.

difficulty evacuating the area vkddi may be threatened should a failure

of the dam occur. Procedures for evacuating such people in a dam hazard

emergency should be developed in cooperation with local and emergency

management officials.

�105.135. Dan Hazard Emergencies.

(a) For the purposes of this section, a dam hazard emergency shall

man any condition which the Department, permittee, or owner of the dam

reasonably finds constitutes an hmminent threat to life or property

above or below a dam, whether arising frcm. the condition of the dan and

appurtenant works or extraordinary natural conditions, affecting the
safety and stability of the dam, including, but not limited to, flood,

earthquake, fire, and ice jan.

(b) The emergency procedures and the emergency w-arning plan required

by ��105.63 and 105.134 of this title shall be followed by the permittee

and owner of any dan or reservoir in the event of any actual or potential

dam hazard emergency.

(c) If a darn hazard enexgency exists, the Department and the pern-&ttee
or owner of the dam shall imTediately'notify appropriate emergency

management officials of the existence of the hazard and advise such
authorities of appropriate steps to be taken to assure protection of

life and property; and

II-B-70

(d) The Deparument will notify or order the permittee or owner

te to take such steps as the Department determines are necessary

to prevent darn failure or loss of life or property, including, but not

limited to, the following:

(1) Draq down of the reservoir;

(2) Reinforcement of the dam structure;

(3) Breach or removal of the-dam;

(4) Removal of debris,

(5) Repair or installation of structures necessary to

assure the stability and safety of the dam.

�105.136. Unsafe Dam.

(a) For purposes of this section., an unsafe dam shall maan a dam

which meets one or more of the following criteria:

(1) A dam with deficiencies of such a nature that if not

corrected could result in the failure of the darn with subsequent loss of

lives or substantial property damage. This determinati an is based an good

engineering judgment or the application of the guidelines established for

the National Dam Inspection Progran.

(2) A dam classified as unsafe pursuant to the National.Dam

Inspection Program.

.(3) A dam declared as unsafe by the Department.

(b) The owner of any unsafe dam shall:
(1) Immediately notify the.Department upon receipt of any

information indicating the dam is unsafe.

(2) Drain the dam as approved or required by the Department.

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(3) Within time lintLts established by the Department, submit
a plan for removal of the dam, a plan for repair of the dam, or an
application for a permit authorizing modification of the dam pursuant to

subsection (c) of this section.

(4) Following approval of the plan or permit by the Department,
undertake and complete actions to remove or repair the dam or implement
the modifications to the darn within the time limits set by the Department.
(c) The Department may issue a permit for modification of an unsafe darn,

pursuant to �9 of the Act, which authorizes the owner of an unsafe dam to

modify the darn within such time as prescribed in the permit to meet the
requirements of the Dan Safety and Encroachments Act and this'Chapter. Any
such permit shall be conditioned upon:

(1) compliance by the owner of the dam with a prescribed

schedule for correction or modification of the unsafe condition within the

shortest time period technically feasible and economically achievable;

(2) implwientation by the owner of the dam of such measures

as are deemed necessa ry by the Department to reduce risks to health and

safety pending correction or modification of the unsafe condition,.

including but not limited to special provisions relating to operation,

emergency planning, monitoring and warning systems, and development of

an alternative source of water supply, if the dam serves as a water

supply dam.
(d) In determining whether to require removal of an unsafe dam or

to permit the owner to modify the dam, the Department shall consider

whether there is a substantial adverse impact to the public health and

safety which will result frcin the draining and removal of the darn, and

whether that adverse impact outweighs the danger to public health and
safety which will result in allowing the unsafe dam to remain until it

has been modified.

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(e) At the discretion of the Department, a public hearing may be

held in the affected area prior to the issuance of any permit authorizing

modification of an unsafe dam over a period of more than six months, to
inform affected communities of the risks which may result from allowing

the unsafe dam to remain standing or to inipound water during the tin-e

necessary to conplete the modifications.

(f) If, for any reason, the Department finds that condition s upon

which the permit authorizing modification was issued have substantially

changed or that the owner will not meet the schedule for modification

contained in such permit, the Department shall review the status of the

dam. An extension of the time period for completion of a modification

may be issued by the Department, if the owner has proceeded in good
faith with the previous schedule of modification a@d the requirements of

subsections (c) and (d) of this �105.136 are met.

(g) Nothing in this section shall be construed to limit the power

of the Department to take i=ediate action, prior to a public hearing,

to:

(1) revoke or suspend any pern-Lit where deemed necessary by

the Department to protect public healthand safety.

(2) order correction or abatement of a dan hazard emergency

pursuant to �105.135; or

(3) take any other action authorized by law.

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Subchapter C. CULVERTS AND BRIDGES

GRERAL PROVISIONS

�105.141. Scope.

Except as provided in ��105.3 and 105.12 of this title (relating to
scope and waiver of permit requirements), the provisions of this subchapter
shall govern the construction, alteration, enlargen.ient, repair, maintenance,
and removal of any bridge or culvert located in, along, or across, or

projecting into the regulated waters of the Ccmwrr,4ealth,

�105.142. Applicability of Stream Enclosure Rules.

Arty culvert of greater than 100 feet in upstream to downstream
length shall be considered to be a stream enclosure, subjectto subchapter
D of this title (relating to stre an enclosures).

PER1,1ITS

5105-151. Permit Applications.

In addition to the information required pursuant to H105.13 and

105.14 of this title (relating to permit application information and
engineer's,certification), all applications for permits pursuant to this
subchapter shail contain the following:

(1) Plans showing the location, type, size, and height ofthe

proposed bridge or culvert and detailing the topographic features,

elevations, and structures, so as to enable an appraisal of the hazard

potential of the structure.

(2) A description of the character of the@stream bed and banks and

a profile of the stream for a reasonable distance above and below the
proposed site, showing slopes of bed, normal water surface, and flood

water surface.

(3) A hydrologic and hydraulic analysis which shall include: data

on size, shape, and characteristics of the watershed; the amunt and fre-
quency of the design flood; the hydraulic capacity of the structure; the

II-B-74

hydraulic capacity of the channel upstream and downstream; and where
flooding is a problem, flood dmnage and backwater analysis.
(4) Such other information as the Department may require.

DESIGN CRITERIA

�105.161. Hydraulic Capacity.
(a) Bridges and culverts shall be designed and constructed in
accordance with the following criteria:

(1). The structure shall pass flood flows without loss of

stability.

(2) The structure shall not create or constitute a hazard to

life or property, or both.

(3) 1he structure shall not materially alter the natural

regimen of the stream.

(4) The structure shall not so increase velocity or direct

flow so as to result in erosion of strean bed and banks.

(b) In determining flood flows and frequencies for purposes of

this subchapter, hydrologic analysis shall be by methods generally

accepted in the engineering profession.

(1) Rural area - 25-year frequency flood flow.

(2) Suburban area - 50-year frequency flood flow.

(3) Urban area - 100-year frequency flood flow.

(d) The determination of flood flows for design shall be made with

reasonable consideration of development which may alter the runoff

characteristics of the watershed during the anticipated life of the

structure. Specific design requirements in subsection (c) of this

section may be varied to fit the conditions at the site and the require-

ments of flood plain management regulations and ordinances.

II-B-75

�105.162. Multiple Pipes and Spans.

Multiple pipes and multiple span bridges and culverts which way tend
to collect debris, cmtribute to the formation of ice jmrs, and increase
head losses shall be.avoided to the maximum practicable extent. Crossings
of less than 15 feet shall be by one span, except where'conditions make
it impracti cal'to effect the crossing without miltiple spans.

�105.163. Bridge Piers.

(a) Bridge piers shall be kept to a minimum, in number and cross-

sectional area and shall be designed to offer the least obstruction to

the passage of water and ice, consistent with safety.

(b) Bridge piers in channels subject to unstable or super critical

flow shall require special investigation and shall be so designed as to

prevent the creation of excessive backwater and waves downstream of the

pier.

�105.164. Bridge Abutments.

(a) Bridge abutments shall be set well into the banks, in such

Malmer as to assure minimal increase in flood elevations.

(b) Bridge abutments shall be aligned with the flow of the stream.
The Depar=-ent may require, in its discretion, the construction of wing
walls at the upstream side of the bridge to assist in directing flood

flows through the bridge opening.
�105.165. Height of Bridges and.Culverts.
All bridges and culverts shall be of sufficient height and clearance

to allow the use of the stream or other body of water in its custam-ry

manner.

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�105.166. Placement of (blverts.

(a) All culverts shall be aligned with the stream flow.

(b) Culverts shall be of sufficient width to minimize narrowing of

the stream channel.

or other structures sufficient to assist in directing flood flows to and

throughthe culvert opening-

CPERATION AND MUNIENANCE

�105.171. Maintenance.

(a) The owner or permittee of any culvert or bridge shall be responsible

for maintaining the structure opening thereof in good repair and assuring

that the flood carrying capacity of the structure is maintained at all

times. The owner or permittee shall inspect the opening and approach of
the culvert or bridge at regular intervals of not less than once each year

and shall, after obtaining the verbal or written approval of the Department,

remove all silt and debris which might obstruct the flow of water through

the structure. It shall be assumed that the flow of water is obstructed

when there has been a reduction of the.effective area of the structure opening

of greater than 10%. All debris shall be disposed of in accordance with

the provisions of the Solid Waste Management Act and Chapter 75 of this title

(relating to solid waste management).

(b) No heavy equipment, such as bulldozers, drag lines, backhoes,

bucket loaders, front-end loaders, and similar mechanized equipamt, shall

be used in the cleaning of structures or stream channels without the

written approval of the Department.

to minimize erosion and sedimentation resulting therefrom.

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�105.172. Inadequate or Collapsed Structures.
(a) 1he owner or permittee of any bridge or culvert shall immediately
,inform. the Department of the collapse of the structure or any portion thereof
or of the existence of any unusual conditions threatening the structural
integrity of the bridge or culvert, including, but not limited to, the

following:

(1) Undercutting of piers or abutments.

Excessive cracking of bridge or culvert surfacing.
(3) Severe deterioration of piers and supports.
(4) Diversion of all or part of the stream flow through a channel

not within the normal span of the structure.

(b) Whenever a bridge or culvert or any portion thereof has collapsed

or is in imminent danger thereof, the owner or permittee thereof shall
immediately remove.any and all collapsed portions to an area outside the
floodpLdh of the stream and either:

(1) completely renove the structure; or

(2) repair the structure in accordance with plans submitted to

and approved by the Department.

ment, collapse or imminent collapse of any bridge or culvert creates

such an immediate danger of stream obstruction and a hazard to life or
property as not to permit the issuance of an order or notice to the

owner or permittee or if the owner or pennittee cannot be readily contacted

in sufficient time to assure adequate protection of life or property,

the Department may exercise its powers pursuant to section 14 of the Dam

Safety and Encroachments Act (32 P.S. �693.14) to remove or repair such

conditions and take such actions as it deem necessary to protect life

and property and recover the cost and expense thereof from the owner or

permittee.

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Subchapter D. STREAM ENCLOSURES

GENERAL PROVISIONS

�105.181. Scope.

Except as provided in ��105.3 and 105.12 of this title (relating

to scope and waiver of permit requirements), the provisions of this
subchapter shall apply to the construction, alteration, enlargement,

repair, and removal of any stream enclosure or any culvert in any of the

regulated waters of the Ccmm=,;ealth of upstream to downstream length in,

excess of 100 feet.

PERMITS

�105.191. Permit Applications.
In addition to the information required by 5�105.13.and 105.14 of
this title (relating to permit application information and engineer's
certification), all applications for permits pursuant to @his subchapter

shall contain the following information:

(1) The loc. ation, type, size, and height of the proposed strean

enclosure.

(2) A profile of the strean for a reasonable distance above and below

the proposed site, showing slopes of bed, normal water surface, and flood

water surface.

(3) Estimates of flood frequencies and flood flows at the site of the

proposed structure, including such information as can be reasonably obtained

regarding actual rainfall and flood flow records on the strean.

(4) An analysis of the hydraulic capacity of the proposed structure.

(5) A description of the purposes of the proposed structure.

(6) A complete listing and des tion of all other enclosures and
CrIp

all culverts, bridges, dams, and other water obstructions located a

reasonable distance upstream and downstream of the proposed enclosure.

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(7) Proof of title or adequate flowage and other easements for all
lands included in the site of the proposed structure, including all lands
which may be subject to flooding by backwater from such structure during a

100-year flood.

(8) Such other information as the Department may require,

CRITERIA FOR APPROVAL

�105.201. Hydraulic Capacity.

All stream enclosures shall be so designed and constructed as to be

capable, at a minimn, of passing without substantial hindrance the flows

from a flood of 100-year frequency, based upon the degree of development of

the contributing watershed projected throughout the lifetine,of the structure;

provided that the Department, at.its discretion, may require capacity in
excess of that necessary to carry the flows from a 100-year flood if it

determines such capacity is necessary to protect the structure or to assure

the safety of life and property above or below the enclosure.

�105.202. Local government approval.

No political subdivision shall issue any building or other permit which

allows for the construction of a stream enclosure unless and until the

Department has approved such enclosure.

MAINUENANCE

�105.211. Maintenance.

(a) All stream enclosures shall be maintained in accordance with.

��105.171 and 105.172 of this title (relating to maintenance and collapsed

structures ).

(b) -All stremi enclosures shall include provisions for adequate access

to allow maintenance of the entire length of the enclosure. Such access

points shall be protected, to the maxinmm extent possible, in a manner which

will prevent the entrance of unauthorized persons.

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Subchapter E. CHANNEL CHAN(XS AND DREDGING-
FOR FACILITY CONSTRUCTION AND MAINTENANCE

�105.221. Scope.

Except as provided in ��105.3 and 105.12 of this title (relating to

scope and waiver of permit requirements), the provisions of this subchapter

apply to all chamiel changes in the regulated waters of the Commonwealth,
and to dredging in the regulated waters of the Commonwealth conducted-
for purposes of construction, operation or mai'tenance of any dam, water

obstruction, or encroachment.

PERMITS

�105.231. Permit Applications.

(a) In addition to the information required by. ��105.13 and 105.14
of this title (relating to permit application information and engineer's

certification), all permit applications pursuant to this subchapter

shall contain the following information:

(1) The location and length of the proposed channel change or

dredging.

(2) A stream profile for a reasonable distance upstream and

downstream of the proposed change or dredging, showing bed slopes,

normal water surface and depths, flood water surfaces, existing obstruc-

tions, and the location of public and industrial water supply intake.

(3) Such cross-channel sections as are necessary to indicate

the scope of the proposed work.

(4) Estimtes of flood frequencies and flood flows at the

site of the proposed channel change or dredging, including such infor-

mation as is reasonably available regarding actual rainfall and flood

flow records an the stream.

(5) A description of the purposes of the proposed channel

change or dredging.

(6) A description of the equipment to be employed in any
dredging operations, and its capabilities.
(7) A plan for the. disposal of dredge spoil.
(8) Proof of title or adequate flowage and other ea sements
for all lands included in the site of the proposed channel changeor

dredging.

(b) The Department may require additional information or waive the
requirements of subsection (a) of this section in specific casea.

�105.232. Maintenance Dredging.

Permits issued for the construction, operation and maintenance of
any dam, dock, wharf, bulkhead, bridge, strean crossing, or flood "control

structure may include specific authorization for periodic dred&ing in

order to:

(1) maintain adequate depths for navigation;
(2) asure proper passage of ice and flood flows; or

(3) preserve the safety, stability and proper operation of the

facility.

�105.233. Rewval of Sand, Gravel, and Other Valuable Minerals.,

The removal of sand, gravel, or.other valuable minerals frcm sub-

merged lands of the Ccomonwealth in quantities which are ccmmercially

usable or marketable, in conjunction with a chamel change or dredging
permitted under this Chapter, shall be subject to the royalty and agree-

ment provisions of the Act of July 31, 1970, (P.L. 699, No. 225) and

Act of December 3, 1970 (P.L. 834, No. 275).

CRIMUA FOR APPROVAL AND OPERATIONS

�105.241. Flood Effect.

No channel change which will create a flooding potential greater
than that created by the natural conditions of the existing channel will

be approved.

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�105.242. Channel Aligzment and Cross Section.

(a) Abrupt bends in channel changes shall be prohibited, unless

necessitated by the alignment of existing bridges or encroachnents.

(b) The relocated channel shall rejoin the natural channel of the

strean at such point on the permittee's property as to insure that align-

ment of stream, flow at the downstream property line is identical to the flow

aligrment prior to the channel change.

(c) Any grade of the changed channel shall not be significantly greater
than or significantly less than the grade of the original chaniiel, unless the

length of the relocated channel prevents such.

(d) Where the width of a channel change is greater than the width of
the preexisting channel, provision shall be made to assure proper depth a@d

velocity of normal flows; subchannels, and installation of, streamt habitat

4rovement devices.

(e) In streams having substantial fisheries value, provision shall

be made in all channel changes to maintain existing pool-riffle ratios.

�105.243. Teuperature of Water and Shading.

All channel changes shall be so designed and implemented to assure that

the water temperature will not substantially increase over that in the pre-

existing channel. Where necessary, provisions shall be made to provide
adequate shading of the relocated channel to duplicate, to the maximum extent

possible, the preexisting conditions.

�105.244. Protection, of Fish Ufe.

A low flow channel and habitat inprovement device will be required

when, in the opinion of the Fish Candssion, it is necessary.to provide

a satisfactory channel for maintenance of fish life.

'EI-B-83

�105.245. Disposal of Waste Materials.

(a) Discharge of dredged material into the regulated waters of the

Ccnmnwealth shall be subject to subchapter J of this Title (relating

to discharges of dredged and fill material).

(b) Dredged spoil and sludge deposits collected during the operation
shall be deposited in a location and a manner approved by the Department.

(c) Bilge, ballast, or wastewater from, dredging operations shall
not be discharged to the stream without removal of oils. petroleum products,

or toxic or hazardous compounds, as defined by the Federal Conservation and

Recovery Act, in a manner approved by the Department.

Subchapter F. FILJ-S, L=S, FLOODWALLS AND STREAMBAM
RETAIMG DEVICES

GENERAL PROVISIONS

�105.251. Scope.

Except as provided in ��105.5 and 105.12 of this title (relating to

scope and waiver of permit requirements), the provisions of this subchapter

shall apply to the construction, alteration, enlargmmt, repair, or

removal of fills, levees, floodwalls, and stream bank retainingwalls

located in or along the regulated waters of the Czmmonwealth.

PERAITS

�105.261. Permit Applications.
in addition to the information required by 105.13 and 105.14 of
this title (relating to permit application information and engineer's

certification), all applications for permits pursuant to this subchapter

shall contain the following information:
(1) A plan detailing the location of all structures and properties

1000 feet upstream and downstream of the proposed.fill, levee, or similar

structure and within the flood plain of the flood of record on both

sides of the stream or body of water.

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(2) Basement and first floor elevations of structures indicated on

the plan required by paragraph (1) of this subsection.

(3) A complete hydraulic and hydrologic report an the proposed

project, including, if the Department so requires a backwater analysis

of the project.

(4) Complete cross sections of the strearn and floodway of the flood

of record.

(5) Stream profiles, showing the bed slope and the normal and flood

water elevations for points sufficiently upstrearn and downstrearn in

effect on the project.

(6) The type of all materials to be used on the fill, levee or similar

structure.

(7) Plans for the protection of the fill, levee, or similar structure

fran erosion, both during and after construction.

(8) The design flood for the fill, levee, or similar structure.

(9) A copy of the local.flood plain regulations or ordinances.

(10) Plans for interior drainage.

(11) Such other information as the Department may require.

DESIGN CRITERIA

�105.271. General Criteria.

(a) An application for any proposed levee, fill, or similar structure

in or along the regulated waters of the Cam=wealth will not be approved

by the Department %i-Lere:

(1) it will increase flood heights, either on the opposite

bank or upstrearn, and flood easenents or flood protection has not been

provided;

(2) it will create erosive velocities in the strearn and

appropriate protection has not been provided;

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(3) it will increase flood damages downstream through a loss

of flood plain storage.

(b) An application for any proposed levee, fill, or similar structu:re

within the floodway of a regulated water of the Ccmnormealth will not be

approved by.the Department, unless the applicant demonstrates that

the project is consistent with local floodplain management programs.

�105.272. Waste Materials.

No waste materials of any type shall be used in the construction of

fills, levees, or similar structures, except in accordance with the pro-

visions of the Solid Waste Management Act and Chapter 75 of this title

(relating to solid waste management).

�105.273. Slopes.
The slope of any fill, levee, or similar structure shall not be
steeper than two horizontal to one vertical, unless special circumstances

are demmstrated and adequate steps are taken to assure permanent

stabilization of the slope.

�105.274. Top Width of Levees.
The top width of any levee shall not be less than ten feet.

�105.275. Interior Drainage.

Adequate facilities shall be provided to drain the interior area

behind the levee or floodwall.

�105.276. Freeboard Allowance.
The height of a levee or floodwall shall provide an allowance for free-

board above the design flood of the structure.

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MAIgrENANCE AND REPAIR

�105.281. Maintenance and Repair of Levees or Floodwalls.

(a) The owmer of any levee or floodwall shall inspect the levee or

floodwall and all appurtenant structures, including drainage facilities, at

least annually and shall couply with �105.53(c).

(c) Trees and other vegetation with deep roots shall not be allowed
on any levee used for flood control purposes, and vegetation shall at all

times be controlled.

�105.282. Maintenance of Fills.

Fills shall at all times be maintained in a mamer to prevent erosion

and to assure the stability of the slopes.

Subchapter G. STREAM CROSSINGS, OUTFAUS AND FEAU011S

GENERAL PROVISIONS

�105.291. Scope.

Except as provided in ��105.3 and 105.12 of this title (relating to
scope and waiver of permit requirements), the provisions of this subchapter

shall apply to all stream crossings, outfalls, headwalls, pipelines, and
aerial crossings and other analogous structures which are place in,
along, across, over, or under the regulated waters of the C=mmmvealth.

PERMITS

�105.301. Permit Applications.

In addition to the information required pursuant to ��105.13 and 105.14
of this title (relating to pertTdt application infonwtion and engineer's

certification), applications for stream crossings shall contain the

following, where applicable:

(1) The shore lines of the affected body of water, inc luding both

high and la,7 water Tmrks.

(2) Existing structures and stream crossings in the vicinity of the

proposed crossings.

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(3) The alignment of the proposed pipe or cable.

(4) The depth of the proposed pipe or cable and the clear depth below

the data plane to be afforded by the pipe or cable in navigable channels.

(5) A profile, including the bottom of the stream from bank to bank

with the location of the stream crossing to be affixed thereon.

(6) In the case of outfalls, the discharge capacity of such structures.

(7) A statement indicating the purpose of the proposed stream crossing.
(8) The amount and type of cover material.
(9)' Adequate provisions for shut-off in the event of break or rupture.

(10) Such other information as the Department may require

CRITERIA FOR APPROVAL

�105.311. General Criteria.
In evaluating applications for stream crossings, outfalls, headwall@,
pipelines, aerial crossings, and other analogous structures, the,Department
will not approve an application if:
(1) the stream crossings are placed in such a manner as to be displaced

by flood waters.;
(2) the stream crossing alters.the cross section of the stream and

its banks;
(3) there is unnecessary paralleling or crossing of streams by pipe-

lines or cables; or
(4) pipelines or cables are placed on the bed of streams.

�105.312. Cover Material.
No waste material of any type shall be used as cover material for

stream crossings.
�105.313. Pipelines Under Stream Beds.
(a) Pipelines under stream beds shall be located such that there will
be a mininum of three feet of cover between the top of the pipe or

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encasement and the lowest point in the stream bed; provided, that if the

pipeline is in rock, it shall have the depth of granular soil plus six

inches for cover, but never less than one- foot of total cover.

(b) Pipelines under the stream bed shall be as near to horizontal as

possible.

the requirements of subsection (a) of thi s section in specific cases.

�105.314. Pipelines along streams.

Pipelines along stream shall be located a sufficient distance way

from the bank to prevent damage to*the bank as a result of erosion; pipelines

shall be located a minimum of 25 feet away from the stream bank unless other

erosion protection measures are approved by the Department.

Subchapter H. DOCKS, WHARVES AND BULYHEADS

GRERAL PROVISIONS

�105.321. Scope.

Except as provided in ��105.5 and 105.12 of this title (relating to

scope and waiver of permit requirements), the provisions of this subchapter

shall apply to the construction, operation, and maintenance of docks,

wharves, and bulkheads in the regulated waters of the Cannonwealth.

PER4ITS

�105.331. Permit Applications.
In addition to the information required pursuant to ��105.1-3 and 105.14
of this title (relating to permit application information and engineer's
certification), applications for docks, wharves, and bulkheads shall

contain the following, information:

(1) The exact location of the structure.

(2) The dimensions of the structure.

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(3) A plan indicating the relation of the structure to the banks and

channel, neighboring structures, and the navigation channel.
(4) Cross sections indicating elevations of structures, location of
pilings, and*water depth.

(5) The purposes for which the structure will be used.

(6) Such other information as the Department may reqU3*re.
�105.332. Riparian Property.

When an applicant proposes location of a structure on or in front: of

riparian property not owned by the applicant, the applicant shall Obtain-
and furnish to the Department notarized and signed releases from the

owners of all affected riparian Property.

CRITERIA FOR APPROVAL

�105.341. Passage of Ice and Flood Waters.

Structures must be able to pass flood waters and ice without property

damage and without increasing the upstream flood hazard.

OPERATION AND MAMENANCE

�105.351. Removal of Structure.

upon termination of the useful life of the structure, the owner shall

ranave it completely and restore the banks.

Subchapter 1. CCMMERCIAL DREDGING

GENERAL PROVISIONS

�105.361. Scope.

Except,as provided in ��105.3 and 105.12 of this title (relating to

scope and waiver of permit requirenlents), the Provisions Of this subchapter
shall apply to dredging in the regulated waters of the Commorwealth for
sand, gravel, and other minerals for 'the purposes of commercial exploi-

tation. The provisions of this subchapter shall not be construed to
restrict the Depa-rtrnmt, in m-maging the cmm=dealth's proprietary
interests pursuant to the act of July 31, 1970 (P.L. 699, No. 225),

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repealed by the act of December 3, 1970 (P.L. 834, No. 275) (71 P.S.

�468(d) (repealed 1970 - see Note following ��461-4,)9 in 1978 Supp.)),

Section 15 of the Dan Safety and Encroachments Act, and 1908-A(3) of The
Administrative Code of 1929 (71 P.S.' �510-8(3)), from exercising its

discretion to issue or not to issue permit agr-eaments or to impose such

terms and conditions in permit agreements as it deem to be in the best

interests of the Commxwealth; in the event, however, that the Department

issues a permit agreement conveying the Commorwealth's proprietary

interests in any such deposit of sand, gravel, or other minerals, the

provisions of this subchapter shall constitute the minimum requirements

for dredgIng pursuant to the C;cmmonwealth's regulatory authority under

the Dan Safety and Encroachments Act.

PERMITS

�105.371. Permits: Content of Application.

In addition to the requirements of ��105.13 and 105.14 of this
title (relating to permit application information and-engineer's certi-

fication), all applications for ccmnercial dredging permits shall contain
,the following information:
(1) The delineation of areas to be dredged, with reference to river

miles of distances from fixed reference points or sufficient courses and

distances referenced to permanent shore points to allow a fix to be made

an the boundary points of a dredging area in a lake.

(2) Strean depths in the proposed dredging area.

(3) The equipment to be employed in the dredging operation and its

capabilities.

(4) Test borings indicating the depth, extent, and nature of the

deposit to be dredged.

(5) The proposed rate of production.

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(6) The location of public- and industrial water supply intakes.
(7) A plan for the disposal of solid waste, dredge spoil, and sewage
from the dredging vessel.

(8) Such other information as the Department may require.

�105.372. Prior Requisite Approvals.

Provided the other requirements of this subchapter are met, approval
by the Department of dredging permit applications is conditioned upon
the applicant's obtaining a permit/agreement under the act of July 31,

1970 (P.L. 699, No. 225), repealed by the act of Decenber 3, 1970 (P.L.

834, No. 275) (71 P.S. �168(d) (repealed 1970 -'see Note following
��461-469 in 1978 Supp.)j, or an interest in land pursuant to Section 15

of the Dan Safety and Encroachments Act, where the bed of the regulated

waters is owned by the C=numealth.

OPERMONAL CRITERIA

�105.381. Location of Dredging.

(a) Dredging shall not occur within 500 feet of any bridge piers or

abutments.

(b) Dredging shall not occur within 5000 feet above any public water
supplyintake, unless the applicant can satisfactorily demonstrate to the
Department that drinking water standards for turbidity shall not be exceeded
and no other adverse effects on the operations of any water user shall occur.

Water supplies within five miles downstream of the dredging operation shall

be notified of proposed dredging or start up, or.both, of operations.
Applicant/permittee shall provide proof of such notification.
(c) Dredging shall not occur within a distance of the channel or
island shore line at normal pool less 'than the depth of the dredging, but

in no event, less than 50 feet.

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(d) Dredging shall not occur in reaches of stream where water

levels are controlled by dams if the water depth is less than six feet at

normal pool.

(e) Dredging shall not occur in, encroach upon, or cause siltation

in areas of riffles or shallow pools whenever such areas are contributing

to the sustenance of game fish or rare and endangered species in any free-

flowing, reach of a strearn. Game fish shall include all those species and

varieties defined as such by section 10 of The Fish Law of 1959 (30 P.S. �10).
Rare and endangered species shall include those species so defined by the

Fish Commission, pursuant to section 251.1 of The Fish Law of 1959 (30 P.S.

�251.1) or defined by 50 C.F.R. �17.12. A free-flowing reach of a stream

shall include any reach, segment, or area of a stream except where a pool

has been created by a dam.

�105.382. Washing and Classification of Materials.

(a) Wash water from the classification process shall not be returned

to the stream, unless a permit in accordance with The Clean Streams Law

(P.S. ��691.1-691.1001) has been obtained.

(b) Suspended material which has been remved from the wash water

shall be disposed of in such a manner that will prevent discharge to waters

of the Cbmmonwealth.

�105.383. Disposal of Waste Materials.

(a) The permittee shall not throw, discharge, or deposit or cause

or permit to be thrown, discharged, or deposited from or out of any ship,
barge, or other floating craft employed in the dredging operation any refuse

matter, including oil and petroleLn products.

(b) Bilge, ballast, or wastewater puTed from barges shall not be

discharged to the stream without acceptable removal of oils or toxic

compounds, in a matmer approved by the Department.

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(c) Discharge of dredged material into the regulated waters of the
Cmnorwealth shall be subject to the provisions of subchapter J of this
title (relating to discharges of dredged or fill material).
(d) Dredge spoil and sludge deposits collected during the operation
shall be deposited in a location and a manner approved by the Department.
(e) Litter, refuse, and sanitary waste from dredging vessels' shall
be disposed of in a manner approved by the Department.

�105.384. Protection of stream users.

(a) A dock or portage must be constructed around the upstrearn face

of the operation in order to facilitate navigation of small craft where the
dredging operation will substantially obstruct the waterway.

(b) The permittee shall post signs 1000 feet upstream of where the

dredge is operating and 500 feet from the downstream end of the dredging area

warning users of the stream that dredging operations arein progress; such

warnings shall be in large block printing, readable at a distance of 300

feet, and contain the warning, "DANGER, DREDGING 1000 = AHEAV' or

"DANGER, DPJM=G 500 = AHEAD."

�105.385. Reporting-

The permittee shall submit to the Department an mmual report indicating
the amount of sand, gravel, or other minerals dredged from the strean bed

during the preceding calendar year.

Subchapter J. DISCHARGES OF DFT= OR FILL MATERML

GENERAL PROVISIONS

�105.391. Scope.
Except as provided in ��105.3 and 105.12 of this title (relating
to scope ements), the provisions of this
and waiver of permit requir
subdhapter shall apply to the discharge of dredged or fill material into

the regulated waters of the Ccmmonwealth-

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PERMS

�105.401. Permit Applications.

In addition to the requirements of H105.13 and 105.14 of this

title (relating to permit application information and engineer's certi-

fication) and other applicable requirements of this chapter, all

applications for discharges of dredged or fill material into the regulated

waters of the Commuealth shall contain the following information:

(1) The location of any public water supply intakes located within

one mile upstream. and ten miles downstream;

(2) The location of arrj areas of shellfish production;

(3) The impact of the activity upon any threatened or endangered

species as identified under the Endangered Species Act, and the critical

habitat of such species.;

(4) The impact of the activity upon those species of aquatic life

indigenous to the waterbody;

(5) The amount or percentage of the discharge that will consist of

toxic material regulated pursuant to Section 6 of the Toxic Substances

Control Act, 15 U.S.C.A. �2605, or hazardous materials as defined by the

Federal Resource Conservation and Recovery Act in other dim trace

quantities; and

(6) Such other information as the Department may require.

CRITERIA FOR APPROVAL

�105.411. General Criteria.

The Department will not approve an application to discharge dredged

or fill material, unless the applicant demonstrates to the Department a

public benefit @,kdch outweighs the daniage to the public natural resources,

if:

(a) The discharge is to a spawning area during spawning season.

(b) The discharge would restrict or impede the movement of aquatic

species indigenous to the waters or the passage of normal or expected

II-B-95

high flows or cause the relocation of the waters (unless the primary
purpose of the fill is to impound waters);
(c) The discharge is into wetlands areas; or
(d) The discharge is into breeding and nesting areas for migratory

waterfowl.

CPERATION AND MAINIENANCE

�105.421. General.

Discharges of dredged or fill material shall be properly maintained

to prevent erosion and other types of pollution.

�105.422. Use of Heavy Equipment.

Heavy equipment used in wetlands shall be placed on mats where

practicable.
�105.423. Removal of Temporary Fill.

All temporary fill shall be ccapletely ren-mmd.

Subchapter K. DISBMEMRM OF MONIES FROM THE
a4l,IS AND ENCROACHMEM FUND

�105.431. General Provisions.

(a) All fines collected under the penal provisions of the Dam

Safety and Encroachments Act and all civil penalties collected under that

act shall be paid into the Treasury of the Camxxwealth in a special fund

known as the Danis and Encroachments Fund.
(b) Mimies paid into the-Dams and Encroachments Fund may be disbursed

at the Department's discretion for use in the elimination of hazards to

life, property, and the enviromnent resulting from unsafe dams, water

obstructions, and encroachments. Such monies shall be available for use

of the Bureau of Dams and Waterway Management in addition to funds otherwise

available to it.

II-B-96

activities of the Bureau shall be considered to caitribute to the

elimination of hazards fran unsafe dams, water obstructions, and

encroachments pursuant to subsection (b) above. Disbursement of monies

from the Dams and Encroachments Fund monies may therefore be made for, but

shall not be limited to, the following purposes:

(1) Conducting of such investigations, tests and analyses as

required to carry out the purposes of the Darn Safety and Encroachments

Act, including costs of entry, testing and sampling, or examning books,

papers, or records;

(2) Undertaking corrective action, repair work, or removal to

eliminate any actual or potentiallydangerous or hazardous condition of

any dam, water obstruction, or encroadmient as provided under Section

14(c) of the Dan Safety and Encroachments Act.

(3) Purchase of contractual services and consultation fran

firms and individuals with relevant expertise in-the field of safety of

dam, water obstructions, and encroachments.

(4) Purchase of materials, services, and travel necessary for

personnel training and for provision of information and educational

materials on the safety of dam , water obstructions, and encroachments to

schools, colleges, institutions, and citizens.

.(5) To cover any extraordinary costs of litigation arising out

of the enforcement of dam safety and encroachments laws of the Ccumvrwealth,

such as the printing of briefs and records, taking of depositions, and

expert witness fees.

II-B-97

�105.432. Authrizati for Disbursement.

The Director of the Bureau of Dams and Waterway Management shall

authorize the use of all monies disbursed from the Dam and Encroachment

Fund, consistent with the Department's established policies and procedures
For disbursements from the fund not falling within the explicit categories
established in �105.431, the Director of the Bureau of Dams and Waterway
Management shall submit a reuest to the Secretary of the Department of
Environmental Resources reuqesting an authorization to disburse the funds

for the project in question.

411 1i
Proposed Rule Making

DEPARTMENT OF mission and processing of applications E. Stroudsburg State College, 113
by municipalities for eligibility to par- Stroud Hall.
ticipate in the National Flood Insur
COMMUNITY AFFAIRS ance Program. Procedures are also January 24, 1980 - Harrisburg,
tablished for the submission es* Education Building, Forum
BUREAU OF COMMUNITY PUNNING of flood
plain management regulations, to the January 28, 1980 - Meadville, City
116 PA. CODE CH. 381 Department for review and approval. Hall, Council Chambers.
Flood Plain Manalementirograrn In addition, procedures are set forth January 29, 1980 - Erie, City Hall,
concerning the processing of special Council Chambers.
Notice is.hereby given that the De- Permits for particular obstructions, in-
partment of Community Affairs, Bu- spection activities by the Department, The starting time for all the hearings
reau of Community Planning, pur- and various other administrative ac. Will be 7:30 p.m. Persons who intend to
suant to the authority of section 2501-' tivities. Finally, procedures and. re. speak at the public hearings are re.
uested to notify
C of The Administrative Code of 1929, quirements are established concerning q the Bureau of Com-
act of April 9, 1929 (P. L. 177) as the administration of grants and reim- munity Planning, at the address be-
amended (71 P. S. � 670.101), and the. bursements by the Department. low, of their interest at least three
Flood Plain Management Act, act of Public hearings will be held to pro- days prior to the date of the hearing.
October 4,1978 (P. L. 851, No. 166) (32 vide the opportunity for all interested All Interested persons are also invited
P. S. �� 679.101 - 679-601), proposes persons to offer comments and sugges- to submit written comments and sug4
to amend 16 Pa. Code by adopting a tions. The locations, dates, and times gestions on the,proposed regulations
new Chapter 38 (relating to flood plain Of the public hearings are as follows: within 45 days after the publication of
management), as set forth in Annex A this notice in the Pennsylvania Bul-
to this notice. January 3, 1980 - Pittsburgh, Alle. letin to the Director, Bureau of Com-
ghenY Co. Community -College, North munity Planning, P. 0. Box 155,
These regulations are intended to Side Campus.
implement the Department's flood Harrisburg, Pa. 17120. Additional
plainmanagement program. The regu- January 8, 1980 - Wilkes-Barre, copies of the proposed regula@tions may
- 03.
lations establish the various adminis Luzerne Co. Court House, Court Room be obtam*'ed at that addresg or by
trative Procedures to be followed by calling the Bureau at 717-787-7400.
municipalities and the Department January 9, 1980 - Chambersburg, SHIRLEY M. DENNIS,
relative to the duties and responsibili- Scotland School, Auditorium. Secretary
ties of each under the Flood Plain Man- January 10, 1980 - West Chester, Fiscal Note for the Documents
agement Act. West Chester State College, New Main Filed with the
Notd@'bhould be made that the Flood Auditorium. Legislative iteference Bureau
Plain Management Act also assigns
certain duties, and responsibilities to January 15, 1980 - Altoona, Penn Agency ID #: DCA 79-005.
the Department,ol. Environmental Re, State Campus, Slep Center. Fiscal Note as required by section 612,
sources. For coordination and informa- January 16, 1980 - Indiana, Indi- Act 149 of 1978 (See 4 Pa. Code
tion purposes, the Department of En- ana University of Pa., Pratt Audi. � 7.231 (9 Pa. B. 129, January 13,
vironmental Resources will be partici- torium. 1979)).
pating in the public hearings which
have been scheduled. This notice, how- January 17, 1980 -Lock Haven,' (a) This action will result in an in-
ever, contains only the proposed regu- Lock Haven State College, Plane. crease in program costs to local
lations for the Department of Com- tarium. governments and in the General Fund
munity Affairs. The proposed regula- January 22,1980 - E. Strou burg, as estimated below.
tions pertaining to the duties and re- (b) Appropriation: Act 9-A, 1979.
sponsibilities of the Department of En-
vironmental Resources will be pub- (c) Estimate for: Commonwealth Local Governments
lished separately in the near future. implementing year is $2,357,060 $2,000,000
The Flood Plain Management Act 1st succeeding year is $2,792,000 2,400,000
each municipality, when it has 2nd succeeding year is $3,231,000 2,800,000
=tified by the Federal Emer- 3rd succeeding year is $3,674,000 3,200,000
gency Management Agency that it has 4th succeeding year is $4,121,000 3,600,000
been identified as having an area or 5th succeeding year is $4,573,000 4,000,000
areas which are subject to flooding, to -
participate in the National Flood (d) A three-year history of program and local governments' rosponsibil-
Insurance Program and to comply costs: ities*for administering, enforcing and
with all the requirements of that pro. fiscal year 79-80 $2,357,000 implementing the Flood Plain Manage-
gram. The act also requires all such fiscal year 78-79 $ 93,000 ment Act of 1978. These regulations
municipalities to comply with the reg- fiscal year 77-78 Not applicable do not include the respective duties
ulations adopted by the Department (e) Recommendation: The Secretary and responsibilities of the Department
within six months of the effective date of Budget and Administration recom- of Environmental Resources which
of such regulations. mends'adoption of this regulatory ac- will be published separately at a later
The regulations establish procedures tion or administrative procedure. date.
to be followed by municipalities and These proposed regulations reflect the ROBERT WILBURN,
the Department regarding the sub- Department of Community Affairs' Secretayy of Budget
and Administration

PENNSYLVANIA BULLETIN, VOL. 9, NO. 60, SATURDAY, DECEMBER 15,1979
II-B-99

4112 PROPOSED RULE MAKING
Annex A limited to such things as emergency of utilities, either final site grading or
TITLE 16. COMMUNITY preparedness plans, flood control the pouring of concrete pads, and the
AFFAIRS works, and flood plain management construction of streets - and serv-
regulations. icing the lots, is completed on or after
PART 1. DEPARTMENT OF the effective date of the flood plain
COMMUNITY AFFAIRS Flood plain management regula- management regulations adopted by a
Subpart G. BUREAU OF tions - Zoning ordinances, 'sub- municipality.
division and land development regula-
COMMUNITY PLANNING tions, building codes, health regula- Obstruction - Any structure or
CHAPTER 38. FLOOD tions, special purpose ordinances, and assembly of materials including fill
PLAIN MANAGEMENT other applications of the police power. above or below the surface of land or
TableofContents The term describes such State or local water, and any activity which might
regulations in any combination there- impede, retard, or change flood flows.
Sec. of, which provide standards for the The planting, cultivation, and harvest-
38.1. Definitions.
38 *2. Purpose and intent. purpose of flood damage prevention ing of field and orchard crops or @be
$83 Municipal participation in the program. and reduction. grazing of livestock, including the
381, Adoption of flood plain management regulations
by identified municipalities. Floodproofing - Structural or other maintenance of necessary appurtenant
38.5. Municipal loss of eligibility to participate in the agricultural wire fencing up to five
changes or adjustments to properties wire strands, shall not be considered
38.6. =on of particular obstructions. or obstructions for the reduction or
38.7. Development which may endanger human life an obstruction under this definition
38.8. Coordination and uniform enforcement of munici- elimination of flood damages to such
pal flood plain management regulations. properties and obstructions, or to the and shall not be subject to regulation.
88.9. Inspections.
38.10, Enforcement by the Department and appeals. contents of any structure. 100-year flood - The highest level of
38.11. Reimbursements and griints to municipalities flooding. that, on the average, is likely
Appendix I - National Flood Insurance Program Floodway - The portion of the 100-
Application Form, DCA-65: and Model year flood plain,' including the water- to occur every 100 years, that is, that
Resolution for the Flood Insurance has a I % chance of occurring each
Program, DCA-619. course itself and any adjacent land
Appendix 11 - S ' JZ year.
= rmItApIcdation. area, that must be kept open in order
Appendix I I I - in da na in suggestions to
Municipa@ities. to carry thewater of a 100-y6ar flood. 100-year flood plain - The 100-year
Appendix IV - DCA Regions. At a minimum, any floodway must be floodway and that maximum area of
large enough to carry the water of the land that is likely to be flooded by, a
� 38.1. Definitions. 100-year flood without causing an in- 100-year flood as shown on the flood
The following words and terms, crease of more than one foot in the ele plain maps provided by FEMA to the
when used in this chapter, shall have vation of the existing 100-year flood. municipality.
the following meanings, unless the Identified municipality - A munici- Pollution - The addition of any ele-
context clearly indicates otherwise: pality-which has been formally notified ment or substance known to be un-
Act - The Pennsylvania Flood by FEMA that it has been identified wholesome or unhealthy to living
Plain Management Act (32 P. S. as having an area or areas subject to things.
ff 679.101 - 679-.601). flooding. Program - The National Flood In-
Department - The Department of Mobile home - A transportable, surance Program.
Community Affairs of the Common- single-family dwelling intended for Special permit - A special excep-
'wealth.. permanent occupancy, office, or place tion. For the purposes of this chapter,
Development - Any man-made of assembly, contained in one unit, or the term "special permit" is being sub-
in two units designed to be joined into stituted for the term "special excep-
change to improved or unimproved one integral unit capable of again
real estate, including but not limited to being separated for repeated towing, tion" as used in section 301 of the act
buildings or other structures, mining, which arrives at a site complete and (32 P. S. � 679.301@. A special permit
dredging, filling, grading, paving, ex- ready for occupancy except for minor is required for the uses and activities
cavation, or drilling operations. listed in section 38.6 of this chapter
and incidental unpacking and assem- (relating to regulation of particular ob-
FEMA - The Federal Emergency bly operations, and constructed so structions@.
Management Agency, successor to the that it may be used without a perma-
United States Department of Housing nent foundation The term does not in- Structure - Any man-made object
and Urban Development, Federal ln@ clude recreational vehicles or travel having an ascertainable stationary lo-
surance Administration. trailers. cation on or in land or water.
Flood - A general, but temporary Municipality - A city, borough, Substantial additions to mobile
condition of partial or complete inun- town, township, or any similar general. home park$ - Any repair, reconstruc-
dation of normally dry land areas from purpose unit of government, or county tion or improvement of an existing
the overflow of streams, rivers, or or other governmental unit when mobile home park or mobile home sub-
other waters of this Commonwealth. acting as an agent thereof, or any com- division, where. such repair, recon-
Flo bination thereof acting jointly. struction, or improvement of the
od plain -The 100-year flood- streets, utilities, and pads will equal or
way and that maximum area of land New mobile home park or mobile exceed 50% of the value of the streets,
that is likely to be flooded by a 100- home subdivision - A parcel of land utilities, and pads before the repair, re-
year flood as shown on the flood plain which is divided into two or more lots construction- or improvement is
maps provided by FEMA to the mu- for rent or sale, upon which a mobile started.
nicipality. home is to be located. For the purpose Substantial improvements - Any
Flood plain management - The of this chapter, a mobile home park or repair, reconstruction, or improve-
operation of a program or activities, mobile home subdivision shall be con- ment of a structure, the cost of which
which may consist of both corrective sidered new if construction of any of equals or exceeds 50% of the market
and preventive measures for-reducing the facilities or improvements - in- value of the structure either before the
flood damage, including but not cluding at a minimum, the installation improvement or repair is started, or, if

PENNSYLVANIA BULLETIN,VOL. 9, NO. 50, SATURDAY, DECEMBER 15, 1979
II-B-100

PROPOSED RULE MAKING 4113
the structure has been damaged and is (c) The standards and requirements ciencies.
being restored, before the damage oc- of the program and the act concerning (d) Applications from municipalities
curred. For the purposes of this defini- flood plain management are minimal applying for eligibility to participate
tion, substantial improvement is con- only. The act specifically states that it in the program shall be in accordance
sidered to occur when the first altera- contains-no provisions that limit the with the requirements of the program.
tion of any wall, ceiling, floor, or other powers of any municipality from At a minimum, such applications shall
structural part of the building com- adopting more restrictive codes, ordi- consist of the following:
mences, whether or not that alteratiow nances, and regulations concerning the
affects the external dimensions of the management of its flood-prone areas. (1) A program application form
structure. The term does not, however, which asks for general information to
include either any project for improve- (d) A good program of flood plain be provided about the municipality
ment of a structure to comply with management involves more than sim- and its flood-prone areas and prob-
existing State or local health, sanitary, ply meeting the minimum Federal. and lems. Reference *should be made to
or safety code specifications which are State requirements. The Department Appendix I of this.chapter.
will be available to assist any inter-
solely necessary to assure safe living ested municipality in developing a bet- (2) A resolution* from the governing
conditions, or any alter 'ation to a struc- ter management program. body stating an interest in the pro-
ture listed on the National Regist6r of gram, and assuring the Federal
Historic Places of the State Inventory � 38.3. Municipal participation In the government that the municipality will
of Historic Places. program. regulate development occurring within
Watershed - The entire region or (a) Each identified municipality is its flood plain areas. Reference should
area drained by a river or other body of required by the act to gain eligibility be made to the sample resolution in
water, whether natural or artificial. to participate in the program within Appendix I of this chapter.
six months of the effective date of the 13) Copies of the adopted codes, or-
� 39.2. Purpose and intent. act, or six months from the date of no- dinances, or regulations meeting the
tification by FEMA that it has been
(a) The basic purpose of the act as identified as having an area subject to requirements of the program.
set forth in section 103 of the act'132 flooding, whichever is first. Such eligi- (e) Appl .ication forms, information,
P. S. � 679.103), and of this chapter, is bility is gained by submitting an.appli- and assistance may be obtained from
to: cation to FEMA, requesting accep- any regional office of the Department.
(1) Encox;rage planning and de- tance into the prograrm � 38.4. Adoption of flood plain manage-
velopment in flood plaing which are (b) The Department will contact all ment regulations by Identified municl-
consistent with sound land use prac-
t ces identified municipalities not partici p4litles.
pating in the program for the purpose (a) Each identified municipality is
(2) Protect people and property in of bringing to their attention the fact required by the act to adopt flood plain
flood, plains from the dangers and dam- that participation is required, aiid to management regulations which, at a
age of floodwaters and from materials offer technical assistance to help the minimum, comply with the require-
carried by such floodwaters. . municipality apply for eligibility to ments of the program, the act, and this
(3) Prevent and eliminate urban and participate in the program. chapter. Adoption of the required reg-
rural blight which results from the (c) In applying for eligibility to par- ulations by a municipality shall occur
damages of flooding. ticipate in the program, a municipality within six months after the date of re-
(4) Authorize a comprehensive and shall forward three copies of its appli- ceipt from FEMA of a Flood Hazard
coordinated program of flood plain cation and flood plain management Boundary Map or Flood'. Insurance
*management, based upon the pro- regulations to the appropriate regional Study.
gram, designed to preserve and restore office of the Department for review. (b) All municipalities required to
the efficiency and carrying capacity of The Department will check the appli- adopt flood plain management regula-
the streams and flood plains of the cation for general content, and will, in tions will be notified by. the Depart-
Commonwealth. consultation with the Department of ment and requested to forward three
Environmental Resources, review the copies of the adopted regulations and
(5) Assist municipalities in qualify- municipality's flood plain manage- any amendments thereto to the appro-
ing for the program. ment regulations for compliance with priate regional office of the Depart-
(6) Provide for and encourage local the requirements of the act and this ment for review and approval, and to
administration and management of chapter. If the application and flood assure that the regulations comply
flood plains. plain management regulations are with program requirements.
(7) Minimize the expenditure of pub- found to be acceptable, the Depart- (c) The Department shaU, in consul-
lic and private funds for flood control ment will submit the application to tation with the Department of En-
projects and for relief, rescue and re- FEMA for approval and acceptance of vironmental Resources, review all such
covery efforts. the municipality into the program. If . ed flood plain management
the Department finds the application requir,
(b) This chapter is intended to set or required flood plain management regulations and shall notify each mu-
forth procedures and requirements to regulations to be deficient in any re- nicipality of the acceptability of the
be followed by the State and local spect, it will notify the municipality regulatiorks within 30 days. If the
municipalities in carrying out the var- within ten working days and explain in regulations are not approved, the
ious duties and responsibilities as- what way the application or regula. Department will explain in what ways
signed to each by the act so as to avoid tions are deficient and what must be they are deficient and what must be
unnecessary expenditures of time, ef- done to correct the deficiency. The done in order to correct the deficiency.
fort, and money, thereby making all Department will also send a copy of In addition, the Department will offer
flood plain management activities such notification to the county plan- the technical assistance the munici-
undertaken within this Common- ning commission. In addition, the Pality may need in order to correct the
Wealth as effective and beneficial as Department will offer to assist the deficiencies. If the regulations are ac-
possible. municipality in correcting the defi- ceptable, the Department will forward
PENNSYLVANIA BULLETIN, VOL.9, NO. 50, SATURDAY, DEC EMBER 16, 1979
II-B-101

4114 PROPOSED RULE MAKING
a copy of the regulations to FEMA for (2) nursing homes - public or pri- notice has been received by the De-
approval and action by FEMA. vate; partment, unless the Department dis-
(d) When the Department receives (3) jails; approves the special permit.
notification from FEMA that FEMA (4) new mobile home parks and Mo. (v) The Department will review the
has approved the regulations for any bile home subdivisions, and sub stan- application and communicate its de-
municipality, the Department will tial improvements to such existing cision or any comments to the munici,
notify the appropriate county plan- parks and subdivisions; and pality within 30 days after it has re.
ning commission. ceived the notice, or the Department
(5) facilities necessary for emergen- will forfeit its right to do so.
� 38.5. Municipal loss of eligibility to cy response such as fire, ambulance
participate In the program. police stations, civil defense prepared. (vi) Review by the Department will
(a) If a municipality is suspended or ness buildings and facilities, emergen be limited to checking for compliance
loses its eligibility to participate in the cy communications facilities, evacua- with the requirements of the act and
program for any reason, it is required tion, and emergency medical centers. this chapter.
by the act to regain such eligibility (c) No construction, enlargement, or (vii) If the special pern-dt is dis-
from FEMA within 90 days of the date, expansion of any of the obstructions, approved by the Department, it shall
of suspension or loss of eligibility. or commencement of any of the activi- @otify the municipality and applicant
(b) In regaining its eligibility, a ties listed in subsection (b) of this sec- in writing, by registered or certified
municipality shall send copies of all re- tion shall be undertaken unless a spe- mail, of its reasons for the disapproval.
quired information and documentation cial permit has been issued to the ap- (2) When a municipality is not au-
to the appropriate regional office of plicant either by the municipality thorized to issue special permits and if
the Department for review or approval within which the use or activity is pro- forwards an application to the Depart-
or both. The Department will, in con- posed, or by the Department, which- ment for review and approval, the
sultation with the Department of ever is applicable. following proceduresshall apply-
Environmental Resources, review any Jd) Municipalities administering (i). Applications shall be forwarded
flood plain management regulations flood plain management regulations, to the Department, Bureau of Commu-
which may be included for compliance and which are in compliance with the nity Planning, Harrisburg, P@ennsyl-
with the act and this chapter and will requirements of the act and this chap- vania 17120. A completed application
notify the municipality of its findings ter, may issue special permits. shall consist of all the items specified
within 15 days following receipt of the
information, If the regulations are not (e) If a municipality has been noti- in subsection 1g) of this section.
approved, the Department will explain fied by the Department that it is in (ii) Upon receipt of a completed ap-
in what ways they are deficient and violation of the act or this chapter, it plication, the Department will forward
what must be done in order to correct shall not issue special permits. A mu- a copy of the application and all perti-
the deficiency. In addition, the Depart- mcipality that has been notified by the nent information to the county
ment will offer the technical assistance Department that it is in violation of planning commission for its review
the municipality may need in order to this chapter and therefore not and comment, by registered or certi-
correct the deficiencies. If the regula. authorized to issue special permits fied mail, within three working days
tions are acceptable, the Department may forward applications for special following receipt of the completed ap-
will forward a copy of the regulations permits to the Department for review plication. The county planning com-
to FEMA for approval and action by and approval. . . mission shall have 30 days from the
FEMA. (f) Application procedures for date of receipt of the application to
� 38.6. Regulation of particular obstruc. special permits shall be as follows; submit any comments to the Depart.
dons. ment.
(1) In municipalities issuing special (iii) The Department will either
(a) The Department is required by permits, the following procedures, shall approve or disapprove the application
.section 301 of the act (32 P. S. apply- and send written notification of its de-
� 679.301) to publish a list of certain (i) Applications shall'be submitted cision to the applicant within 45 days
obstructions which present a special
hazard to the health and safety of the to the municipality for review and following receipt of the application.
public or occupants, or may result in processing in accordance with all the The Department will also send written
significant pollution, increased flood applicable procedures and require. notification to the municipality and
levels or flows, or debris endangering ments of the municipality and of sub- county planning commission, within
life and property, when such obstruc- section (g) of this section. five days, of the determination the
Department makes concerning all ap-
tions are located in all or a designated @ii) If a municipality receives an ap- plications it receives for special
portion of a flood plain. The construc- plication which is incomplete it shall permits.
tion, enlargement, or expansion of any notify the applicant in writing, stating
structure, or commencement of any ac- in what respects the-application is defi- (iv) If the Department receives an
tivity listed as a special hazard shall be cient. application which is incomplete,, it will
prohibited in a flood plain, unless a (Iii) When a municipality approves send written notification to the appli-
special permit has been issued for the cant within five working days after
an application for a special permit it the ' I
proposed construction or activity. shall file written notice of such approv- Department receives the incom-
plete application, stating in what re-
(b) In accordance with section 301 al, together with the application and spects the application is deficient.
of the act (32 P. S. � 679.301), the all pertinent information, with the De-
following list of obstructions and ac- partment within five working days (g) Applications for special permits
tivities which present special hazards after approval, by registered or certi- hall consist of five copies of the
in flood plains is included in this chap- fied mail. following items:
ter: - (iv) The special permit shall not be- (1) A written request including a
(1) hospitals - public or private; come effective until 30 days after the completed application form. Reference

PENNSYLVAN 1A 8 ULLETIN, VOL. 9. NO. 50, SATURDAY, DECEM BER 15, 1979
II-B- 1,02

PROPOSED RULE MAKING 4115
should be made to Appendix Ii of this ways showing all rights-of-way and At a minimum, all new structures shall
chapter for sample application form. pavement widths; be designed and constructed so that:
(2) A plan of the entire site, clearly (vi) profile drawings for all proposed (i) there will be no pollution from the
and legibly drawn at a scale of one inch streets, drives, and vehicular, access- structure or activity during the course
being equal to 100 feet or less, showing ways including existing and proposed of a 100-year flood;
the following: . grades;and (ii) there will be no increase in the
(i) north arrow, scale and date; (vii) plans and profiles of all pro- 100-year flood elevation;
(ii) a map, which may be drawn at a posed sanitary and storm sewer sys- (iii) there will be no loose buoyant
smaller scale, of the general area of the tems, water supply systems, and any materials of any kind below the 100-
municipality, which provides enough other utilities and facilities.. year flood elevation.
information to enable a person who is (4) The following data and documen- J3) Comply with the requirements of
unfamiliar with the municipality to ac- tation: the program. Reference should be
curately determine the location of the
site or property involved; W certification from . the applicant made to Appendix 11 of this chapter.
that the site upon which the activity or � 39.7. Development which may en-
(iii) topography based upon the Na- development is proposed is an existing danger human life.
tional Geodetic Vertical Datum of separate and single parcel, owned by
1929, showing existing and proposed the applicant or the client he rep- (a) Section 207 of the act (32 P. S.
contours at intervals of two feet; resents; � 679.207) requires the Department to
jiv) all property and lot lines in- (ii) certification from a registered prohibit the construction or substan-
cluding dimensions, and the size of the professional engineer, architect, or tial improvement of structures which
site expressed in acres or square feet; landscape architect that the proposed may endanger human life within any
construction has been adequately de- area which has been determined to be a
(v) the location of all existing flood hazard area by the Environmen-
streets, drives, and other accessways signed to protect against damago from tal Quality Board.
with information concerning widths, the 100-year flood; (b) The flo .od plain management reg-
pavement types and construction, and (iii) the appropriate component of ulations adopted by municipalities
elevations; the Department of Environmental Re- shall include provisions regulating the
(vi) the location of any existing sources' "Planning Module for Land construction or substantial improve-
bodies of water or watercourses, build- Development"; ment of any structure located within a
ings, structures and other public or (iv) where any excavation or grad- flood hazard area, which will be used
private facilities, including railroad ing is proposed, a plan meeting the re- for the production or storage of any
tracks and facilities, and any other quirements of the Department of material or substance listed in subsec-
natural and man-made features affect- Environmental Resources to imple- tion (c) of this section, or which will be.
ing, or affected by, the proposed activ- ment and maintain erosion and sedi- used for any activity requiring the
ity or development; mentation control-, and maintenance of a supply - more than
(vii) the location of the flood plain (v) an evacuation plan which fully 550 gallons or other comparable vol-
boundary line, information and spot explains the manner in which the site ume - of any such materials or sub-
elevations concerning the 100-year will be safely evacuated before or dur- stances on the premises. Such regula-
flood elevations, and information con- ing the course of a 100-year flood. tions adopted by municipalities shall
cerning the flow of water including (h) No application for a special per- require at a minimum the following:
direction and velocities; and mit will be approved by either a munic- Ji) That within any flood hazard area
(viii) * a general plan of the entire site ipality or the Department unless it can as determined by the Environmental
accurately showing the location of all be determined that the structure or ac- Quality Board, except for any delin-
proposed buildings, structures, utili- tivity will be located, constructed, and eated floodway area, such construc-
ties, and any other improvements. maintained in a fashion which will: tion or.substantial improvement shall
be prohibited unless it is elevated, or
(3) Plans of all proposed buildings (1) Protect the health and safety of floodproofed to remain dry, up to at
structures and other improvements: the public and occupants. At a mini- least 11/2 feet above the 100-year flood
clearly and legibly drawn at suitable mum, all new structures shall be de- elevation.
scale showing the following: signed, located, and constructed so
that: (ii) That within any delineated flood-
(i) sufficiently detailed architectural way area, such construction or sub-
or engineering drawings including W the structure will survive inunda- stantial improvement shall be prohib-
floor plans, sections, and exterior tion by waters of the 100-year flood ited.
building elevations, as appropriate; without any lateral movement or dam-
age to either the structure itself, or to (c) The following list of materials
(ii) the proposed finished floor eleva. any of its equipment or contents below and substances shall be considered
tions of any proposed building; the 100-year flood level; dangerous to human life:
(iii) complete information concern- (ii) the first-floor elevation will be at (1) Acetone.
ing the hydrostatic and hydrodynamic least 11/2 feet above the 100-year flood
forces and pressures that will exist elevation; and (2) Ammonia.
during the course of a 100-year flood,
including impact loads; (iii) the occupants of the structure (3) Benzene.
can be safely evacuated at any dme (4) Calcium carbide.
(iv) detailed information concerning during a 100-year flood. (5) Carbon disulfide.
any proposed floodproofing measures; (2) Prevent any possibility of pollu-
(v) cross-section drawings for all tion, increased flood levels or flows, or (6) Celluloid.
proposed streets, drives, -and access- debris endangering life and property. (7) Chlorine.

PENNSYLVANIA BULLETIN, VOL. 9, NO. 60, SATURDAY, DECEMBER 16, 1979

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4116 PROPOSED RULE MAKING
(8) Hydrochloric acid. tivities within areas subject to the 100- partment will undertake any of the ac-
(91 Hydrocyanic acid. year flood: tivities listed in subsection (a) of this
(i) completely . new buildings or section except in accordance wj
(10) Magnesium. structures; following:
(11) Nitric acid and oxides or (ii) substantial improvements to ex- (1) The municipality within which
nitrogen. the activity is to occur shall be given
(12) Petroleum products - gaso- isting buildings or structures; and prior notification of the activity, at
line, fuel oil, and the like. (iii) any man-made change to im- least 24 hours in advance.
(13) Phosphorous. proved or unimproved real estate, in- (2) The owner or occupa@xt, or both,
eluding but not limited to such things of a premises shall be given prior no-
(14) Potassium. as filling, grading, paving, excavation, tice of the activity at least 24 hours in
(15) Sodium. mining, dredging, or drilling opera- advance.
tions.
(16). Sulphur and sulphur products. (6) The flood plain management (3) The activities shall take place on-
regulations enacted by municipalities ly during normal weekday business
� 38.8. Coordination and uniform en- shall be thoroughly and equitably ad- hours unless other suitable arrange-
forcement of municipal flood plain ministered b.y each municipality or ments are made,
management regulations. . combination of municipalities. (4) The individual conducting the in-
(a) Section 205 of the act (32 P. S. (7) All identified municipalities shall spection. shall present his Department
679.206) requires the Department to forward a complete set of up-to-date employe identification card prior to
adopt regulations establishing certain flood plain management regulations to the inspection, and upon request dur-
criteria and standards for the coordi- the Department and county planning ing the inspection.
nation and uniforrn enforcement of commission and shall also notify the (c) Whenever an agent or employe of
municipal flood plain management Dep*tment and county planning com'- the Department or a municipality has
regulations. In order to carry out this mission of any future changes or been refused access to property for the
responsibility, the following criteria, amendments to those regulations purposes of conducting a survey or in-
spection, or reasonably requires access
standards, and requirements are es- within 30 days following the date any
tablished: change or amendment is enacted. to such property without prior notice
(1) As municipalities develop their (8) Ali identified munici .palities shall to the owner, such agent or employe
individual flood plain management forward a copy of the annual report re- may apply for an inspection warrant to
plans, programs and regulations, con- quired by FEMA to the appropriate re- any Commonwealth official authorized
sideration shall be given to the com- gional office of the Department, as by law to issue a search or inspection
prehensive planning and land use ac- well as any other pertinent informa- warrant, to enable him to have access
tivities being undertaken by other mu- tion or report that may be requested and inspect such property. It shall be
nicipalities within the watershed. by the Department in order for the De- sufficient probable cause to issue an in-
partment to satisfactorily carry out its sPection warrant that the inspection is
(2) The flood plain management responsibilities. n@@essary to properly enforce the pro-
plans, programs, and activities under- visions of the act and this chapter.
taken by individual municipalities (b) Where the flood plain manage
within a watershed shall be coordi- ment regulations. or activities of a Mu. � 38.10. Enforcement by the Depart-
nated and compatible with the needs nicipality are uncoordinated or incon- ment and appeals. . a
and circumstances of the watershed sistent with those of another, the De- (a) When the Department finds that
generally, and with any flood plain partment will. be 'available to assist a municipality has failed to comply
management or storm water manage- with the resolution of the situation. with any of the requirements of the act
ment plan which has been adopted by Where two or more 'municipalities are or any regulations adopted by the De-
.any group of municipalities, county, or unable to reconcile any such problems partment pursuant thereto, the fouow-
river basin commission. or differences, the Department will ing procedures shall apply:
(3) The technical aspects and re- make a final determination which will (1) The Department shall send a
quirements of the flood plain manage- be based upon the needs and circum- written notice of violation to the mu-
ment regulations enacted by individ- stances of the municipalities involved nicipality by registered or certified
ual municipalities within a particular and of the watershed generally. mail. The notice shall state the nature
watershed shall be coordinated and of the violation and what the munici-
compatible with those of other munici- � 38.9. Inspections. pality must do in order to correct the
palities within the watershed. In adch- (a) Sections 402 and 403 of the act violation,
tion, the flood plain management regu- (32 P. S. �� 679.402 and 679.403) give (2) Within 60 days of receipt of the
lations enacted by any municipality municipalities and the Department the notice of violation, the municipality
shall comply with any pertinent re- authority to investigate complaifits, shall report to the Department the ac-
quirements or regulations adopted by enter upon land for the purpose of sur- tion which the municipality is taking
the river basin commission serving the veying flood plains, enter any land in a to comply with, the requirement or
area in which it is located. flood plain for the purpose.of ascer- regulations.
(4) Flood plain delineations shall be taining the location and condition of (3) If the municipality has failed'to
continuous from one adjacent munici- obstructions,, and to enter land or, comply with such requirement or regu-
pality to another and coordinated. while under construction, any struc- lation within 180 days of the receipt of
throughout the watershed. ture located in a flood plain, for the the notice of violation, the Department
(5) At @ a minimum, the flood plain purpose of ascertaining the compliance will notify the State Treasurer, who
management regulations of municipal- or noncompliance with any applicable shall hold in escrow all funds payable
ities shall apply to the following kinds flood plain management regulations. to the municipality from the General
of construction and development ac- (b) No employe or agent of the De- Fund, or any other fund.

PENNSYLVANIA BULLETIN, VOL. 9, NO. 50, SATURDAY, DECEMBER 16, 1979

I I -B - 104

PROPOSED RULE MAKING 4117
J4) When a municipality achieves or regulations necessary to comply with shall be submitted to the appropriate
regains compliance, the Department the requirements of the program. regional office of the Department and
will notify the State Treasurer accord. (2) Fifty per cent of the allowable shall be made in accordance with the
ingly, within three working days after costs set forth in subsection (d) of this following:
,the Department has been notified or section incurred for the administra- (1) Requests shall be submitted an-
has determined that such compliance
'has occurred. tion, enforc *ement, and implementation nually, within three months after the
activities undertaken as necessitated end of the fiscal year for which reim-
(b) The Department may also by the requirements of the program. bursement is being requested, using an
enforce any violation of the act or this (d) Allowable costs shall be those application form provided by the De-
chapter by instituting a civil action to partment.
restrain, prevent, or abate such viola- expenses incurred by a municipality in.
tion. order to complywith the requirements (2) An itemized statement shall ac-
of the act and this chapter. Allowable company the application which state-
(c) Any person aggrieved by any ac" costs shall not include those costs ment provides the following informa-
tion of the Department shall have the which are offset by permit,fees im- tion:
right to appeal such action and request posed by the municipality. Costs in- . (i) the total expenses incurred and
a hearing in accordance with 2 Pa. curred for the following items 11 and ac- paid by the municipality in performing
C. S. �� 501 - 508 and 701 - 704. tivities shall be considered a owable the duties necessitated by the require-
Such appeal and request for a hearing costs for the purposes of this chapter: ments of the act;
shall be taken within 30 days of receipt
of the notice of such action taken by (1) Preparation and enactment of Iii) the total amount of fees - and
the Department. good plain management regulations, other money earned - including un-
� 38.11. Reimbursements and grants to ifichiding the following: collected fees - by the municipality in
municipalities. (1) costs oIf technical and legal serv- performing its duties;
(a) Section 404 of the act (32 P. S. Itog necessary to prepare regulations, (iii) the difference between expenses
� 679.404) authorizes the Department ddministrative forms, maps and the incurred and income, and the amount
to administer reimbursements and like required by the act; of reimbursement being requested;
grants to municipalities to assist or AW costs of technical and legal serv- and
reimburse them for costs incurred in idH necessary for required public hear- (iv) certification as to the accuracy
complying with the requirements of ings; and of the information being submitted by
the act. Grants and reimbursements (iii) costs of technical and legal serv- the chief 'executive officer of the mu-
shall be available from the Depart- ices necessary for enactment of the re- nicipality and the individual who pre-
ment in accordance with the provi- quired regulations. pared the statement.
sions of this section, provided that (g) If, in any fiscal year, ppropria-
money is appropriated by the General (2) Administrative, enforcement, a
and implementation activities, includ- tions are insufficient to cover the reim-
Assembly for such purposes. ing the following: bursements and grants to municipali-
(b) Grants shall be available from ties for compliance with the require-
the Department to municipalities to (i) costs of review and processing of ments of the act and this chapter, the
reimburse them for allowable costs in- applications for required permits, in- Department will report this fact to the
curred in complying with the require. cluding clerical activities; General Assembly and will request the
ments of the act. Reimbursements will (ii) fees of special consultants neces. appropriation of additional funds. If
be for the following activities: sary for technical consultation or plan such a deficiency appropriation is not
(1) Fifty per cent of the allowable review and permit processing matters; enacted, any municipality which has
costs set forth in subsection (d) of this (iii) costs of monitoring and inspec- not received its reimbursement be-
cause of the lack of funds will be given
section incurred for the preparation tion activities, including fees for spe- first priority when funds next become
and enactment, including any required cial consultants for technical consulta.
revisions, of the flood plain manage- tion on specific. matters; available.
ment regulations necessary to comply (iv) costs of technical and legal serv- (h)IGmnts may also be made by t@e
with the requirements of the act and Department to municipalities for cer-
this chapter. ices incurred in enforcing the regula- tain other activities such as surveys,
tions, including the restraining of vio-
(2) Fifty per cent of the allowable lations, prosecutions, and defending studies, investigations, research, and
costs set forth in subsection (d) of this against appeals; and analyses related to the specific pur-
section for the administration, enforce- poses and requirements of the act.
inent,' and implementation activities (v) mileage expenses incurred by the Such grants will be made at the sole
undertaken as required by the act. permit officer in undertaking any Of discretion of the Department and win
the administrative activities set forth -not be awarded unless there is a thor-
(c) Grants shall also be available in subparagraphs (i) - (iv) of this para- oughly documented need or value to
from the Department to municipalities graph. such undertaking. Requests for any
to reimburse them for allowable costs (e) The Department will not reim- such grant shall be submitted to the
incurred in complying with the pro- burse municipalities for legal fees re- Department, Bureau of Community
gram prior to October 4, 1978, the ef- sulting from an appeal or suit against Planning, Harrisburg, Pennsylvania
fective date of the act. Such reimburse. the Commonwealth, for the purchase 17120, for consideration. Any such re-
ments shall be for the following activi- of any clothing, or clothing allowance, quest shall be in the form of a written
ties: the printing or reproduction of regula- proposal consisting of a narrative
(1) Fifty per cent of allowable costs tions, forms, or maps, or for any other which clearly and thoroughly de-
set forth in subsection (d) of this sec- activity or expense not directly related scribes the work proposed to be under-
tion incurred for the preparation and to the requirements of the act or this taken and the itemized cost estimate,
enactment, including any required re- chapter. including a complete list of the people
visions, of the flood plain management Requests'for all reimbursements to be involved and their specific re-
i
PENNSYLVANIA BULLETIN, VOLA, NO. 50, SATURDAY, DECEMBER 15,1979

11-B-105

4118 PROPOSED RULE MAKING
sponsibilities regarding the work to be by the Federal government, provided (k) Municipalities shall keep accu-
undertaken. In addition, the Depart that all such grants shall be limited so rate records and accounts of all allow-
ment may require any other Federal able costs incurred for a period of three
,reason: thafthe total of all State and
able information it deems necessary in grants does not exceed 50% of the al- years following the submission of an
order to satisfactorily evaluate any lowable costs incurred by the munici- application to the Department for re-
-proposal or to satisfactorily monitor pality. imbursement. During this time the De-
any work being undertaken,'or both. 0) Application forms and related in- Partment shall, upon request, have ac-
(i) Grants from the Commonwealth formation concerning reimbursements cess to all such records and accounts
shall be in addition to grants for sim- ..may be obtained from arty Department for monitoring and auditing purposes.
ilar purposes made to any municipality. regional office.

PENNSYLVANIA BULLETIN, VOL. 9. NO. 60, SATURDAY, DECEMBER 15, 1979

I I - B - 10 6

PROPOSED RULE MAKING 4119
DCA-65 (1-791 APPENDIX I
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF COMMUNITY AFFAIRS
BUREAU OF COMMUNITY PLANNING

NATIONAL FLOOD INSURANCE PROGRAM
APPLICATION FORM

GENERAL INFORMATION

Name of Municipality C-.nty

Brief History of Flooding along with a list of names of streams which overflow:.

Indicate all conditions contributing to runoff, such as ground water problems, land development. etc. if applicable:

Specif V,other conditions which contribute to flooding but are not mentioned above lie. mine drainage, limeston4 caverni, etc.) if applicable:

Estimates for Flood-prone Area:

Totals Totals
Communitywide in Flood-prone Arm

I Population

2. Residential Structures

3. Business Structures

4. Other Structures

These figures are estimates, and. are necessary to complete your application..
Please do not leave blank.@
PENNSYLVANIA BULLETIN, VOL. 9, NO. 60, SATURDAY, DECEMBER 15, 1979
II-B-107

41.20 P ROPOSED RULE MAKING

Addresses:

LOW Repository
(The address of 4 local repository. such as a municipal building, where the flood insurance and flood hazard maps may be available for public
inspection.)

Name of Community:

Address:

Zip

Responsible Person - Program CoordinaWr
(The name, address and telephone number of the person in the community who can be contacted during the day concerning first floor elevations
and other flood plain conditions.)

Name:

Title or Position:

Address:

Zip

Telephone: Area Code:

Building Perm
(The name, address, and telephone number of the person who issues permits for all now construction, reconstruction, relocation, alterations,
it Officer, Zoning Off iopr, etc.

enlargements and major repairs of any building and/or structures undertaken within the community.)

Name:

Address:

Zip -

Telephone: Area Code:

PENNsYLVANIA BULLETIN, VOI-9, NO.50, SATURDAY, DECEMBER 16, 1979
II-B-108

PROPOSED RULE MAKING 4121
DCA-619 (7-72)

COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF COMMUNITY AFFAIRS
BUREAU OF COMMUNITY PLANNING

MODEL RESOLUTION
for the
FLOOD INSURANCE PROGRAM

WHEREAS, the
Of **
being cognizant of the recurring flooding and the threat of flooding of

and the resulting damage to property located within
and,
WHEREAS, there is a desire and need for the program of insurance coverage for those who reside or hold
title to property located within such flood-prone areas; and,
WHEREAS, relief is available in the form of flood insurance as authorized by the National Floo d Insurance
Act of 1968, as amended; and,
WHEREAS, the regulations promulgated by the Federal Insurance Administrator under said Act require: (1)
an official legislative or executive act indicating a local need for flood insurance and a desire to participate in the
National Flood Insurance Program and (2) assurances in the form of action by the appropriate local legislative
body committing the local legislative body to certain future courses of action;. and,
WHEREAS, the
Of **
is the appropriate local legislative body as authorized by the Pennsylvania Municipalities Planning Code (P. L.
247 of July 31, 1968) to define watercourses and to regulate the use of the land by.enacting flood regulations.
NOW, THEREFORE, be it resolved by the *
of the

THAT,
hereby evidences a positive interest in securing flood insurance coverage under the National Flood Insurance
Program because of a clear danger of flooding and the resultant damage to property in the
and,
THAT, it will comply with the regulations'of the National Flood Ins urance Program:
(1) To recognize and duly evaluate flood hazards in all official actions relating to land use in the areas having
special flood hazards, consistent with the criteria set forth in Section 1910.
(2) To take such other official action as may be reasonably necessary to carry out the objectives of -the pro-
gram. Such actions include, but will not be limited to:,
(a) Delineating or assisting the Administrator, at his request, in the defiri6ition of the limits of the flood
plain having special flood hazards on available local maps of sufficient scale to identify the locatio'n of building
sites.
(b) Providing such information as the Administrator may request concerning present uses and occupancy of
the flood prone areas.
(c) Maintaining for public inspection and furnishing, upon request, with respect to each area having special
flood hazards, information on elevations (in relatib In t6 mean sea liirbl) of the lowest floors of all new or substan-
tially improved structures and, where there is a basement, the distance between the first floor and the bottom of
the lowest opening where water flowing on the ground win enter.
(d) CQoperating'with Federal, State and local agencies and private firms which undertake to' study, suArey,
map and identify flood prone areas in order to prevent aggravation of the flooding problem.
(e) Notifying the Administrator in writing whenever the boundaries (if the community have been modified.
(3) To appoint or designate

PENNSYLVANIA BULLETIN, VOL. 9, NO. 50, SATURDAY. DECEMBER 15,1979

II-B-109

4122 PROPOSED RULE MAKING
with the responsibility, authority and means to implement the commitment made herein and to submit, on each
anniversary date of the community's eligibility, an annual report to the Administrator on the progress made dur-
ing the past year within the community in the development and implementatift of flood plain management
measures.
Adopted. this dayof

Signed:

Attest:
Name of Legislative Body
*1* Name of Municipality
Source offlooding or Official
Naihe of Appointed Agency

PENNSYLVANIA BULLETIN, VOL. 9, NO. 60, SATURDAY, DECEMBER 15, 1979

JI-B-110

PROPOSED RULE MAKING 4123
DCA-627 APPENDIX 11
11-79 SUGGESTED-
SPECIAL PE'RMIT APPLICATION
NOTE: THIS FORM TO BE USED WHEN APPLICATION IS BEING MADE FOR A
SPECIAL PERMIT AS REQUIRED BY THE PENNSYLVANIA FLOOD PLAIN
MANAGEMENT ACT.
I. Identif ication

NAME Mailing address - Number, street. citV and state ZIP Code Telephone No.

1I.Applicant

Owner
2. of
Land

3. Contractor

I hereby certify that the proposed work is authorized by the owner ot record and that I have been authorized by the owner to make
this application as his agent.
Signature of Applicant Address -T-@-P-Pllcatlor% Date
11. Purpose of Proposed Development

Hospital New Mobile Home.Park or Subdivision

Nursing Home Other (Indicate)

Jail

Site Location

Municipality: County:
At (Location): (No.) (street or Road)

First Floor Elevation:

Basement Elevation (If Applicable):

100 Year Flood Elevation:
IV. Selected Characteristics of_ Improvements

TYPE OF SEWAGE DISPOSAL TYPE OF WATER SUPPLY
C1 Public or Private Company Public or Private Company

Private (septic tank, etc.) Private (well, etc.)

PENNSYLVANIA BULLETIN, VOL. 9, NO.50,SATURDAY, DECEMBER IS, 1979

4124 PROPOSED RULE MAKING
V. Description of Proposed Project

Estimated Starting Date:

Estimated Completion Date:

Estimated Total Cost:

V1. Prop sod Floodproof ing Methods and Materials
DescrIbe the methods and materials that will be used to minimize flood damage. Attach plans and elevations in sufficient detail to enable the reviewer to
determine that the proposed work will meet all applicable Local and State requirements.

V11. Fees

Estimated Total Cost (from Item V):

Permit Fees
Up to $200.00 No Ch6lrge $NO CHA-RGE
$201.00 to $1,000.00 @5.00 $
Each additional $1,000.00 $1.00 $
(or part.thereof TOTA L $
NOTE: The fees listed above are suggested amounts; actual charges are decided locally.
DO NOT WRITE BELOW THIS LINE
Vill. Action Taken by Department

Approved Date:.

Disapproved

OtKer

Reviewed By:

PENNSYLVANIA BULLETIN, VOL. 9. NO. 60, SATURDAY, DECEMBER 15, 1979

II-B-112

PROPOSED RULE MAKING 4125
APPENDIX III. RECOMMENDATIONS AND SUGGESTIONS'. MUNICIPALITIES
While not requi red by the act, the National Flood Insurance Program, or these regulations, the following
recommendations and suggestions are offered to municipalities for their consideration as they undertake their
various flood plain management activities:
(a) Municipalities are encouraged to contact any regional office of the Department for a:ny information or as-
sistance they may need concerning the act, the National Flood Insurance Program,,and flood plain management
generally.
(b) There are numerous other excellent sources of information and assistance such as county and regional
planning commission, the U. S. Corps of Engineers, the U. S. Soil Conservation Service, the U. S. Geological Sur-
vey, the Federal Insurance Administration, and thevarious river basin commissions.
(c) Flood plain management should involve more than the adoption of codes and ordinances which regulate
development in areas subject to flooding. Among other things, flood plain management can and should include
many other activities such as the establishment of flood warnhig systems, evacuation and recovery plans, reloca-
tion and redevelopment efforts to reduce or eliminate problems, and the promotion of flood insurance.
(d) Despite its obvious importance as an individual issue, flood plain management is nevertheless only one
of numerous other community planning and development considerations. Thus, any flood plain management ac-
tivities undertaken by a municipality must be coordinated and integrated with other planning and related efforts
underway locally and at other levels.
(e) Municipalities are encouraged to adopt regulations which more adequately control the use and develop-
ment of areas which are subject to flooding. For example, a municipality could more closely regulate the kinds of
uses and activities locating within its flood-prone areas. It could also require new buildings and other structures
to 'be elevated or flood-proofed up to an elevation (preferably 1 1/2feet) above the existing 100-year flood elevation.
Numerous other possibilities also exist.
(f) Before adopting any regulations, municipalities are encouraged to send a copy of the proposed regula-
tions to the Department for review and comment. This should avoid the need for a municipality to go back. and
amend a recently enacted ordinance or code because something was deficient or omitted.

PENNSYLVANIA BULLETIN, VOL. 9, NO. 50, SATURDAY, DECEMBER 15,1979

II-B-113

4126 PROPOSED RULE MAKING
APPENDIX IV

DCA regions

ERIE MCKEA .N POTYI ER TIOGA BRADFORD SUS0106HANNA
WARREN
CRAWFORD WSYNI

WYOMING
FOREST ELK
LYCOMING SULLIVAN LACKA PIKE
MERCER' VENANGO rAMEMON CLINTON WANNA
LUZORNI
CLARION
JE1FEMSON MONROE
LAWMEN CLEARFIELD CENTRE COLUMBIA
BUTLER TO R
1 4wdl UNION "'0 CARSON
ARMSTRONG INGIA@A 04OR
U TAHLAN OMTH-
SEAVER SNYDER M136 N.MPTO
MIFFLIN SCHUYLKILL LEHIGH
OAMSIIIA BLAIR 1UNIATA ....... BERK$ ISUCKS
ALLEGHE94Y PERRY
LEBANON
MONT-
WESTMORELAND HUNT114GOON GOOGRY

WASHI04GTON CUMIS POLAND
GREENE SOMERSET BEDFORD FULTON ADAMS LANCASTER CHESTER PHILADELPHIA
FAYETTE FRANKLIN YORK
FRANKLIN DELAWARE

Regional office locations

Region 1-Philadelphia Office Region 3 and 4-Harrisburg Office
908 State Office Building Riverside Office Center Building
Broad and Spring Garden Streets Third Floor
Philadelphia, 19130 2101 North Front Street
Phone: 215-238-6280 Harrisburg, 17110
Phone: 717-787-7347

Region 2-Scranton Office Region 5-Pittsburgh Office
360 State Office Building 413 State Office Building
100 Lackawanna Avenue 300 Liberty Avenue
Scranton, 18503 Pittsburgh, .15222
Phone: 717-961-4571 Phone: 412-565-5002

Region 6-Erie Office
Third Floor, Carlisle Building
824 Peach Street
l5rie, 16501
Phone: 814-871-4241

[Pa. B. Doc. No. 79-1801. Ffied December 14,1979, 9-00s.m.)

PENNSYLVANIA BULLETIN, VOL. 0, NO. 50, SATURDAY, DECEMBER 15, 1979
II-B-114

ERRATA:

Section 38.11 Reimbursements and grants to municipalities.

(c) Grants shall also be available from the Department
to municipalities to reimburse them for allowable
costs incurred in complying with either section 1910.3(c),
or _(!I) of the program prior to October 4, 1978, he
eTfective date of the act. Such reimbursements shall
be for the following activities:

II-B-115

Appendix C

I ntergovern mental and
Public Participation Activities

INTRODUCTION

A major part of preparing Pennsylvania's Coastal Zone Management
Program entailed the development of processes and mechanisms to
facilitate coordination between the program and various entities.
This appendix outlines the various activities undertaken to
coordinate with the following entities: Federal agencies,
interstate agencies, State agencies and local
governments/publics, in the designing of the management programo
and in the development of mechanisms to ensure continued
coordination during the implementation phase of the program.
This aependix addresses these four levels of coordination in the
following manner:

Federal coordination (Page II-C-4)

This section is a condensed documentation of the Federal
consultation process. It contains a listing of each Federal
agency's national interest, coastal facilities, and those
activities which require review by the Pennsylvania coastal Zone
Management Program during program implementation.. This
information is presented in a chart which also gives a brief
synopsis of the interactions which occurred. In addition to the
formal activities listed here, much pertinent information flowed
between the Pennsylvania Coastal Zone Management Branch and the
various Federal agencies via correspondence and telephone calls.

interstate Coordination (Page 11-C-39)

This section documents the various formal and informal
coordinative activities engaged in between the Pennsylvania
Coastal Zone Management Branch and the various interstate
agencies that have and will continue to interact with the
program. Again, much information and coordinative activities
transpired via correspondence and telephone calls.

State Agency Coordination (Page II-C-46)

This section documents the various formal coordinative activities
engaged in between the Pennsylvania Coastal Zone Management
Branch and various State agencies that have and will continue to
participate in the management program. The major portion of this
section is devoted to outlining the activities engaged in by the
Coastal Zone Advisory Committee, the primary mechanism used for
providing program coordination at the State level. Also included
is a detailed listing of State agencies, commissions, bureaus,
etc., that will participate in the management program and a
description of, their activities.

ii-C-1

Local Governmental and Public coordination (Page II-C64).

This section documents the various formal 0coordinative activities
engaged in between the Pennsylvania Coastal Zone Management
Branch and the various local governments and the coastal publics.

The major portion of this section deals with, coastal zone.
Steering Committee meetings, the mean by which much of this
coordination was and will continue to behandled. In addition to
the meetings and formal activities mentioned, a good deal of
communication has transpired via newsletter, corresponen and
telephone calls.

II-C-2

CZM INTERGOVERNMENTAL AND PUBLIC COORDINATIVE PROCESS

Department
of
Environmental
Resources
(CZM Branch)

Fe eral Regional
Interstate Planning Coastal Zone
._tj
Coordination Agencies Advisory ComM3 tee
DVRPC (state Agencies)
ECDP
(Consultants)

Coastal
Zone
Steering
(Committee(s)
(1 in Delaware
Estuary)
(3 in Lake
Erie)

Periodic
Public
Meetings

Information Flow
Information Flow and Feedback The CZAC was known as the CZM
Subcommittee during the Section
H-C-3 305 phase of Pennsylvania's Coastal
Zone Management Program

FEDERAL COORDINATION

List of Contact Agencies as of 3/31/80

Mr. Rex VanGorden Mr. Ronald D. Gatton
Federal Energy Administration Oxford Biological Laboratory
Region III Environmental Assessment Divisiol
1421 Cherry Street National Marine Fisheries Service
Philadelphia, PA. 19102 Oxford, Maryland 21654

Sal Bucolo, Chief John Curran, Chief
Coastal and Special Studies Planning Division
.Section Economic Development
Philadelphia District - COE Administration I
Department of the Army U.S. Dept. of Commerce
Custom House Atlantic Regional office
Second & Chestnut Streets 600 Arch Street
Philadelphia, PA. 19106 Philadelphia, PA. 19106

James E. McShane, Port Joseph Yarbrougho Regional
Development Officer Environmental officer
Maritime Administration Department of HEW
U.S. Department of Commerce Region III
Eastern Region 3535 Market Street
26 Federal Plaza Philadelphia, PA. 19101
New York, New York 10007
Nicholas M. Ruha, Chief
Robert Heidecker, State EIS and Wetlands Reviev section
Resource Conservationist EPA - Region III
Federal Building & Courthouse Sixth and Walnut Streets
Box 985 Federal Square Station Philadelphia, PA. 19106
Harrisburg, PA. 17108

Mr. Arthur D. Foley Commander (DPL-2)
Department of HUD U.S. Coast Guard
Region III Ninth Coast Guard District
Curtis Building 1240 East Ninth Street
Sixth & Walnut Streets Cleveland, Ohio 44199
Philadelphia, PA. 19106
Mr. James Hebson Fred E. Greene, Chief
General Services Admin.
Federal Energy Regulatory Com. Delaware-Pennsylvania Branch
26 Federal Plaza Space Management Div.
Room 2207 Wm.Green Fed. Bldg., Room 9400
New York, New York 10007 600 Arch Street
Philadelphia, PA. 19106

II-C-4

Mr. Thomas Pieczynski WillLm P. Patterson, Regional
Buffalo District - COE Environmental officer
Department of the Army U.S. Department of the Interior
1776 Niagara Street 15 State Street
Buffalo, New York 14207 Boston, 'Mass. 0,2109

Dr. Jeff Swinebroad, Manager Joseph Karban, Chief
Environmental Programs Environmental Quality Division
Div. of Biomedical and National Park Service
Environmental Research 143 S. Third Street
Energy Research & Development Philadelphia, PA. 19106
Administration
Washington, D.C. 20545 Mr. Emmett Turner
office of the Assistant
Diane L. Semingson, Rep. Secretary for Resource
of the Secretary Applications
U.S. Department of Commerce U.S. Department of Energy
Federal Region III 12th and Pennsylvania Ave.
Wm.Green Bldg., Room 10424 Mail Stop 3344
600 Arch Street Washington, D.C. 20545
Philadelphia, PA. 19106
Robert Thomson, Chief
Mr. Richard A. Davino Eastern Field Operation Center
office of Secretarial Rep. U.S. Bureau of Mines
U.S. Dept. of Transportation 4800 Forbes Avenue
434 Walnut Street, Rm. 1000 Pittsburgh, PA. 15217
Philadelphia, PA. 19106
Norman Beamer, District Chief
Charles R. Smith, Regional U.S. Geological Survey
civil Engineer P. 0. Box 1107
Eastern Reg. (HQ USAF) Harrisburg, PA. 17108
526 Title Building
30 Pryor Street, S.W. Commander (DPL)
Atlanta, Georgia .30303 U.S. Coast Guard
Third Coasr- Guard District
Ray Arndt, Natural Resource Governors Island
Specialist New York, New York 10004
Bureau of Land Management
Eastern States Office David Keifer, Planner
U.S. Department of the Interior Mid-Atlantic Fishery
7891 Eastern Avenue Management Council
Silver Spring, Maryland 20910 Room 2115, Federal Building
North and New Streets
RoberL Gift Dover, Delaware 19901
Heritage Conservation and
Recreation Service Norman R. Chupp, Area Manager
Federal office Building U.S. Fish and wildlife Services
600 Arch Street 100 Chestnut Street
Philadelphia, PA. 19106 Harrisburg, PA. 17101

II-C-5

Herman Rubenstein Ms. Abigail Miller
District Civil Engineer Bureau of Land Management
office of the Commandant New York OCS Office
Department of the Navy Six world Trade Center
Fourth Naval District Suite 600-D
Philadelphia, PA. 19112 New York, New York 10048

Mr. Richard Barnett
New York OCS Office
26 Federal Plaza
Suite 32-120
New York, New York 10007

II-C-6

INTERACTIONS ACTIVITIES
'D
AGENCY NATIONAL, INTEREST FACILITIES REQUIRING
C-)
0
REQUEST DATE REPLY OATE CONSISTENCY 0
CL
U. S. A broad and general Tinicum Marsh 4/75-Maps of agency 4/75-(GS) No agency Tinicum Marsh Plan
DEPARTMENT expression of policy Wildlife owned lands and controlled lands, sent
OF THE with regard to the Center operational plans and list of activities and Outdoor recreation
INTERIOR Department's National procedures contact man appointed acquisition and
Interests in these Independence development
seven major resource Mall Histor- 8/75-Follow-up request- (HCRS) not a land
responsibility areas: ical Park ing coordination and management agency but State outdoor
official contact available for techni- recreation plannin rT
1. National Par@ 1. Natural, cultural, officer cal assistance. H.
0
Service (NPS) historical and Historic preserva-l@:'
Appointment of contact
archeological valueE 10/75-Review of final man tion
2. Fish & Wild- goals and objectives
life Service 2. Fish and wildlife 6/75-(BOM) list of
(FWS) resources 1/76-Invitation to state liaison officers,
attend Federal
no agency controlled-
3. Bureau of 3. Energy and mineral consistency meeting lands, technical
Land Manage- resources assistance, contact
ment (BLM) 11/76-Agency review of men
4. Recreational applicable sections of
4. Bureau of resources the,CZM document 10/75-DOI guidelines
Mines (BOM) and procedures to
5. Water resources 5/77-Review and commen assist in CZM develop-
5. Heritage on draft chapters of ment
Conservation 6. Food and-fiber the CZM document
and Recre- 1/76-Statement of
ation Service 7. Trust responsibil- 8/77-Review and comment National Interest in
(HCRS) ities on draft cha@pters of the Coastal Zone (DOI)
the CZM document
6. Geological 2/76-Attended Federal
Survey (GS) 8/78-Relate current Consistency meeting in
status of CZlf program Harrisburg (DOI, BOM,
GS)
5/79-Transmittal of
Draft Technical Record 10/76-(BOM) Statement
and request for of National Interest
comments

10/79-Transmittal of
Executive Summary of
CZM Drogram

INTERACTIONS ACTIVITIES
AGENCY NATIONAL INTEREST FACILITIES REQUIRING
REQUEST /-DATE REPLY / DATE CONSISTENCY

U.S. 3/80-Transmittal of 12/76-(BOR) No comments
DEPARTMENT Draft CZM Program and list of applicable
OF THE Approval Document and sections BOR desires
INTERIOR request for comments to review

(cont.) 1/77-(BUI) General
comments on GAPC's in
the Delaware Estuary

2/77-(FWS) Corrections
regarding GAPC's in
Delaware CZ

2/77-(BOM) Comments on
GAPC's, draft policy
framework, and off-
shore gas drilling in
Lake Erie

6/77-(BLM) Comments on
National Interest
section

8/77-(GS) Comments and
corrections on draft
chapters

8/77-(FWS) Comments
and corrections for
draft chapters

10/77-(FWS) Postpones
formal response to
remaining draft chap-
ters

INTERACTIONS ACTIVITIES
AGENCY NATIONAL INTEREST FACILITIES REQUIRING
REQUEST /.DATE REPLY / DATE CONSISTENCY
U.S. 10/77-(BOM) Comments
DEPARTMENT and corrections for
OF THE draft chapters
INTERIOR
1/78-(GS) Postpones
(cont.) formal response to
remaining draft
chapters

2/78-(GS) Prescribes
national interests
of the Geological
Survey

3/78-(BLM) Outlines
agency's CZM coordina-
tive procedures and
assigns staff contacts

9/78-(NPS) Reassigns
new agency contact
person

11/78-(DOI) Designates
Regional officers to
coordinate CZM policy

12/78-(DOI) Letter
detailing procedures
for effecting coordina-
tion

1/79-(DOI) Letter up-
dates list of Federal
contacts
10/79-(DOI) Comments
to the Draft Technical
Record

ACTIVITIES
INTERACTIONS
AGENCY. NATIONAL, INTEREST FACILITIES REQUIRING
REQU.EST DATE REPLY DATE CONSISTENCY
U.S. 3/80-Attended Federal
DEPARTMENT agency briefing on
OF THE draft program in
INTERIOR Philadelphia
(cont.) 4/80-(DOT) Comments to
the Draft CZM Program
Approval Document

INTERACTIONS ACTIVITIES
AGENCY NATIONAL , INTEREST FACILITIES REQUIRING
REQUEST / DATE REPLY / DATE CONSISTENCY

DEPARTMENT 1. The essential role Air Force 2/76-Invitation to 4/76-Statement of NONE
OF THE of the Air Force in Station at attend Federal Consis- policy on CZM plans
AIR FORCE the National the Phila. tency meeting in
Defense Internation- Harrisburg 5/76-Air Force
al Airport facilities in the
2. The potential to (Delaware 11/76-Agency review coastal zone
expand defense Estuary) of preliminary
requirements on sections of the draft .11/76-Request addi-
land, in the air, CZM documents tional data on
on and under the exclusion of Federal
water in the 5/77-Review and lands and Federal
coastal zone. comment on draft agency consistency,
Thereby making it a chapters of the CZM also identify Air
high priority use document National Guard
of coastal resources Station
8/77-Review and
comment on draft 5/77-Agree with the
chapters of the CZM content of the draft
document chapters. Reserve
approval of Federal
8/78-Relate current consistency until new
status of CZM program regs. are published

5/79-Transmittal of 8/77-Comments and
Draft Technical Record revisions to draft
and requestfor chapters
comments
6/79-Comments to the
10/79-Transmittal of Draft Technical Record,
executive summary including recommenda-
of the CZM program tions
3/80-Transmittal of 3/80-Comments to the
Draft CZM Program Draft CZM Program
Approval Document and Approval Document
request for comments

INTERACTIONS ACTIVITIES
AGENCY NATIONAL . INTEREST FACILITIES REQUIRING
REQUEST / DATE REPLY / DATE CONSISTENCY

DEPARTMENT National defense and 11USTIN FIELD 4/75-Maps of agency 4/75-Maps of agency NONE
OF THE national security are owned lands and current owned lands and
NAVY among the top priori- U.S. Naval plans and operational appointment of contact
ties for management Base, Phila. procedures man
of the Coastal Zone Pa . (Dela-
ware Estuary) 8/75-Follow-up 1/76-Statement of
requested coordination National Interest in
and official contact the coastal zone

10/7.5-Review of goals 2/76-Attended Federal
and objectives consistency meeting
in Harrisburg
1/76-Invitation to
FA attend Federal 11/76-Should exclude
consistency meeting in Mustin Field Air Base
Harrisburg as a GAPC, and also
specified sections of
11/76-Agency review of draft document to
applicable sections of review
the draft CZM docu-
ment 11/77-Related concerns
on draft chapters
5/77-Review and comment pertaining to Federal
on draft chapters of consistency and
the CZM document National Interest

8/77-Review and comment 6/79-Comments on the
on draft chapters of Draft Technical Record
the CZM document and questions on
Federal consistency
8/78-Relate current and National Security
status of CZM pro Igram 3/80-Attended Federal
5/79'Transmittal of Agency briefing on
Draft Technical Record draft program in
and request for Philadelphia
comments

ACTIVITIES
INTERACTIONS
AGENCY NATIONAL INTEREST FACILITIES REQUIRING
REQUEST / DATE REPLY / DATE CONSISTENCY

DEPARTMENT 10/79-Transmittal of 4/80-Comments to the
OF THE Executive Summary of Draft CZM Program
NAVY CZM program Approval Document

(Cont.) 3/80-Transmittal of
Draft CZM Program
Approval Document and
request for comments

'ACTIVITIES
INTERACTIONS
AGENCY NATIONAL; INTEREST FACILITIES REQUIRING
REQUEST DATE REPLY / DATE CONSISTENCY

U. S. ARMY No statement of C.O.E. dredge 4/75-Maps of agency 4/75-(B) No lands Dredge and fill
CORPS National Interest was maintenance owned lands and under agency control. permits
OF received station current operational Technical assistance
ENGINEERS Phila. Pa. plans and procedures offered and contact Beach erosion
(Delaware man control projects
Philadelphia Estuary) 8/75-Follow-up request
District (P) for coordination and 5/75-(P) Maps of
official contact agency owned lands
Buffalo person
District (B) 2/76-(B) Attended
10/75-Review of final Federal consistency
goals and objectives meeting in Harrisburg

1/76-Invitation to 12/76-(B) No comments,
attend Federal consis- and specified sections
tency meeting in of final document
F@ Harrisburg
3/80-(B) Attended
11/76-Agency review Federal Agency briefing
of applicable sections on draft program in
of the draft CZM docu@ Philadelphia
ment

5/77-Review and commen@
on draft chapters of
the CZM document

8/77-Review and commen--
on draft chapters of
the CZM document

8/78-Relate current
status of CZ11.program

5/79-Transmittal of
Draft Technical Record
and request for comment

INTERACTIONS ACTIVITIES
AGENCY NATIONAL. INTEREST FACILITIES REQUIRING
REQU.EST / DATE REPLY DATE CONSISTENCY

U. S. ARMY 10/79-Transmittal of
CORPS Executive Summary of
OF the CZM program
ENGINEERS
3/80-Transmittal of
Philadelphia Draft CZM Program
District (P) Approval Document and
request for comments
Buffalo
District (B)

(cont.)

INTERACTIONS ACTIVITIES
AGENCY NATIONAL: INTEREST FACILITIES REQUIRING
REQUEST / DATE REPLY / DATE CONSISTENCY

FEDERAL To achieve and assure NONE 4/75-11aps of agency 8/75-List of concerns, Natural Gas Act -
ENERGY an abundant supply of owned lands and and official agency Permits for con-
REGULATORY electrical energy current operational contact struction and
COMMISSION throughout the United plans and procedures operation of inter-
States with the great- 2/76-Attended Federal state gas pipe-
est possible economy 8/75-Follow-up request- consistency meeting in lines and storage
and with regard to the ing official agency Harrisburg facilities
proper utilization of status on coordination
natural resources and and contact person 7/77-Recommendation to
comparable responsibil- consider bulk electric
ities under the natural 10/15-Request for energy requirements
gas act comments and input on
H program goals and. 3/80-Attended Federal
objectives agency briefing on
draft program in
1/76-Invitation to Philadelphia
ON attend Federal consis-
tency meeting in
Harrisburg

11/76-Agency review of
applicable sections
of the draft CZM.
document

5/77-Review and commett
on draft chapters of
the CZM document

8/77-Review and commeni
on draft chapters of
the Cal document

8/78-Relate current
status of CZ11 program

oil no

INTERACTIONS ACTIVITIES
AGENCY NATIONAL.; INTEREST FACILITIES REQUIRING
REQUEST DATE REPLY DATE CONSISTENCY

FEDERAL 5/79-Transmittal of
ENERGY Draft Technical Record
REGULATORY request for comments
COMIISSION
10/79-Transmittal of
(cont.) Executive Summary of
CZM program

3/80-Transmittal of
Draft CZM Program
Approval Document and
request for comments

INTERACTINS ACTIVITIES
AGEHCY HATIOHAL MEREST FACILITIES REQUIRIHG
REQUEST / DATE REPLY / DATE COHSISTEHCY

ENERGY RESEARCH No statement of NONE 4/75-Maps of agency 11/76-No comments NONE
AND National Interest was owned lands and presently, but would
DEVELOPMENT received current operational like to review the
ADMINISTRATION plans and procedures complete document

10/75-Follow-up
requesting official 6/77-No comments but
agency status in would like to review
coordination and the complete document
contact person
9/77-Review and
10/75-Request for approval of draft
review of program, chapters. Request
goals and objectives consideration of
geological factors
1/76--InVitation to
00 attend Federal consis-
tency meeting in
Harrisburg

11/76-Agency review of.
applicable sections of
the draft CZM document

5/77-Review and comment'
on draft chapters of
the CZM document

8/77-Review and comuent;
on draft chapters of
,the CZM document

8/78-Relate current i
,status of CZM program

oil

INTERACTIONS 'ACTIVITIES
AGENCY NATIONAL INTEREST FACIL(TIES REQUIRING
REQU.EST / DATE REPLY DATE CONSISTENCY

ENERGY RESEARCH 5/79-Transmittal of
AND Draft Technical Record
.DEVELOPMENT and request for
ADMINISTRATION comments

(cont.) 10/79-Transmittal of
Executive Summary of
CZM program

3/80-Transmittal of
Draft CZM Approval
Document and request
H for comments

INTERACTIONS 'ACTIVITIES
AGENCY NATIONAL; INTEREST FACILITIES REQUIRING
REQUEST DATE REPLY / DATE CONSISTENCY

ENVIRONMENTAL No statement of NONE 4/75-11aps of agency 5/75-No Federal land Federal Water
PROTECTION National Interest was owned lands and under agency control. Pollution Control
AGENCY received current oDerational Designated program Act
plans and procedures coordinator
Clean Air Act
10/75-Request for 2/76-Attended Federal
review of program consistency meeting in Construction
goals and objectives Harrisburg grants for waste-
water treatment
1/76-Invitation to 2/24/78-Letter pro- works
attend Federal consis@ viding water quality
tency meeting in information on Pennsyl- Water Pollution
Harrisburg vania portion of Lake Control and Area
Erie Wide Waste Treat-
11/76-Agency review of ment Management
applicable sections of program grants
the draft CZM document
Water Pollution
5/77-Review and commem. Control State and
on draft chapters Of Interstate Program
the CZM document grants
8/77-Review and comment Air quality main-
on draft chapters of tenance planning
,the CZM document

8/78-'Relate current
status of CZM program

5/79-Transmittal of
Draft Technical Record
and request for
comments

10/79-Transmittal of
Executive Summary of
CZ14 program

INTERACTIONS ACTIVITIES
AGENCY NATI.ONAL,INT.EREST FACILITIES REQUIRING
REQUEST / DATE REPLY DATE CONSISTENCY
ENVIRONMENTAL 3/80-Transmittal of
PROTECTION Draft CZM Program
AGENCY Approval Document and
request for comments

(cont.)

INTERACTIONS ACTIVITIES
AGENCY NATIONAL INTEREST FACILITIES REQUIRING
REQUEST / DATE REPLY / DATE CONSISTENCY

GENERAL No statement of NONE 4/75-Maps of agency 5/75-No agency owned NONE
SERVICES National Interest has owned lands and or controlled lands.
ADMINISTRATION been received current operational Appointment of control
plans and procedures officer

10/75-Request for
review of program
goals and objectives

1/76-Invitation to
attend Federal consis-
tency meeting in
Harrisburg

11/76-Agency review of
applicable sections of
the draft CZM document

5/77-Review and comment
on draft chapters of
the CZM document

8/77-Review and comment
on draft chapters of
CZM document

8/78-Relate current
status of CZT1 program

5/79@Transmittal of
Draft Technical Record
and request for
comments

10/79-Transmittal of
Executive Summary of
CZ11 program

ACTIVITIES
INTERACTIONS
AGENCY NATIONAL INTEREST FACILITIES REQUIRING
REQU.EST / DATE REPLY DATE CONSISTENCY

GENERAL 3/80-Transmittal of
SERVICES Draft CZM Program
ADMINISTRATION Approval Document
and request for
(Cont.) comments

INTERACTIONS ACTIVITIES
AGENCY NATIONAL i INTEREST FACILITIES REQUIRING
REQUEST DATE REPLY / DATE CONSISTENCY

DEPARTMENT OF Consistency of NONE 4/75-Agency owned 9/75-Appointment of "701 Planning"
HOUSING AND planning activities lands and current official agency open space and
URBAN between CZM and other operational plans and contact housing
DEVELOPMENT plans procedures
11/76-Insure adequate Housing and Commu-
8/75-Follow-up request- level of detail in nity Development
ing official agency Lake Erie section and Act
status on coordination review of complete
and contact person document Public housing -
acquisition and
10/15-Request for 3/78-Request to assis t construction
review of program in a Federal Flood
goals and objectives Insurance Study of Mortgage Insurance
shoreline erosion
1/76-Invitation to along Lake Erie
attend Federal consis-
tency meeting in
Harrisburg

11/76-Agency review of
applicable sections of
the draft CZM document

5/77-Review and conmient
on draft chapters of
the CZkl document

8/77-Review and comment
on draft chapters of
the CZM document

8/78"Relate current
status of CZMprogram

5/79-Transmittal of
Draft Technical Record
and request for
comments

INTERACTIONS ACTIVITIES
AGENCY NATIONAL, INTEREST FACILITIES REQUIRING
REQUEST / DATE REPLY DATE CONSISTENCY

DEPARTMENT OF 10/79-Transmittal of
HOUSING AND Executive Summary of
URBAN CZM program
DEVELOPMENT
(cont.) 3/80-Transmittal of
Draft CZM Program
Approval Document and
request for comments

ACTIVITIES
INTERACTIONS
AGENCY NATIONAL; INTEREST FACILITIES REQUIRING
REQUEST / DATE REPLY / DATE CONSISTENCY

FEDERAL The overriding concern NONE 4/75-Agency owned lancb 9/75-Official agency NONE
ENERGY of the FEA is that the and current operation- contact man appointed
ADMINISTRATION siting of energy al plans and proced-
facilities is not ures 11/76-Review the
excluded or unreason- complete final docu-
ably restricted 8/75-Follow-up request- ment with main inter-
ing official status of est in specific
coordination and criteria and regula-
contact person tions for siting
facilities of regional
10/75-Request for re- benefit
view of program goals
and objectives 8/77-Clarification of
major energy develop-
1/76"Invitation to ment issues
attend Federal consis-
tency meeting in 6/79-Designation of
Harrisburg technical point of
reference for coordi-
11/76-Agency review of nating DOE responses
applicable section of for Cal
the draft CZ11 document

5/77 Review and conunen
on draft chapters of
the CZM document

8/77-Review and comment
on draft chapters of
the CZM document

8/78-Relate current
status of CZM program

5/79-Transmittal of
Draft Technical Record
and a request for
comments

WWI wo' 0-0 *0 W '00 iw* '00 'no to

ACTIVITIES
INTERACTIONS
AGENCY NATIONAL, INTEREST FACILITIES REQUIRING
REQUEST / DATE REPLY DATE CONSISTENCY

FEDERAL 10179-Transmittal of
ENERGY Executive Summary of
ADMINISTRATION CZM program
(cont.) 3/80-Transmittal of
Draft CZM Program
Approval Document and
request for comments

INTERACTIONS ACTIVITIES
AGENCY NATIONAL; INTEREST FACILITIES REQUIRING
REQUEST / DATE REPLY / DATE CONSISTENCY

U. S. The development of a NONE 4/75-1-laps of agency 4/75-(FRA) Transporta- Airport develop-
DEPARTMENT balanced National owned lands and currert tion facilities under ment aid program
OF Transportation System, operational plans and state and local (FAA)
TRANSPORTATION including well articu- procedures control, appointment
lated and integrated of contact person Airport planning
Federal Highway surface, air, water 8/75-Follow-up request grant program
Administration and subsurface modes for official agency 4/75-(FRA) No agency (FAA)
(FHA) status for coordina7 involvement
tion Highway research
Federal 5/75-(FAA) No agency planning and
Railroad 10/75-Request for responsibility or in- construction (FRA)
Administration review of program volvement. Appoint-
(FRA) goals and objectives ment of contact men

Federal Aviation 1/76-Invitation to 9/75-Clarification of
Administration attend Federal consis, DOT coordination
(FAA) tency meeting in Hbg.
00 10/75-Requested
U.S. Coast Guard 11/76-Agency review of addition of transportaw
(see separate applicable sections tion oriented goal
of the draft CZM
listing) document 12/76-(DOT) Comments
concerning GAPC and
5/77-Review and commert Coast Guard responsi-
on draft chapters of bilities, review of
the CZT1 document complete document

8/ 77-Review and commert 6/77-(DOT) Comments
on draft chapters of are being compiled
the CZM document and will be sent

8/78-Relate current 7/77-(DOT) Comments and
status of CZM.program revisions for draft
chapters
5/79-Transmittal of
Draft Technical Record;
and request for
comments

INTERACTIONS ACTIVITIES
AGENCY NATIONAL: INTEREST FACILITIES REQUIRING
RE QUEST / DATE REPLY / DATE CONSISTENCY

U.S. 10/79-Transmittal of 9/77-(DOT) Additional
DEPARTMENT Executive Summary comments and revisions
-OF of CZM program for draft chapters
TRANSPORTATION
3/80@Transmittal of 8/79@(DOT) Comments on
(cont.) Draft CZM Program Draft Technical Record
Approval Document and
request for comments

INTERACTIONS ACTIVITIES
AGENCY NATIONAL i INTEREST FACILITIES REQUIRING
REQUEST / DATE REPLY / DATE CONSISTENCY
U. S. Same as the U. S. Presque Isle 4/75-Maps of agency 5/75-11aps of agency Water Safety Zone
COAST Department of Trans- Coast Guard owned lands and current controlled lands sent. Port and Waterway
GUARD portation Station (Lake operation plans and Appointment of contact safety and fishing
Erie) procedures man (3) (9)
9th District zones
Cleveland, Ohio Presque Isle 10/75-Request for 1/76-No comments on Anchorage grounds
(9) Light Station review of program program goals and
goals and objectives objectives (3) (9) Hazardous sub-
1/76-Invitation to 11/76-Clarification stances and
3rd District attend Federal consis- of CZM lakeward bound- materials
New York, N.Y. tency meeting in ary description (9)
-(3) Harrisburg Permits for the
F-A 5/77-Clarification of construction and
11/76-Agency review of points in National modification of
applicable sections of Interest section (9) bridges, cause-
the final CZM document ways, dams or.
C) 9/77-Change of official dikes in navi-
5/77-Review and commert agency contact person gable waters of
on draft chapters of and revised list of the U.S.
the CZM document
Coast Guard controlled
8/77-Review and comment owned land in Lake
on draft chapters of Erie coastal zone (9)
the CZD1 document 4178-Request for
comments on draft watep
8/78-Relate current front facility regula-
status of CZM program tion (3)
*Note-U.S. Coast 5/79-Transmittal of 8/78-Request for
Guard is under the Draft Technical Record comments on draft
administrative and request for safety regulations (3)
jurisdiction of comments
the U.S. Depart- 11/78-Request for
ment of Trans- 10/79-Transmittal of comments on draft BLM
portation Executive Summary of T
@nterim Policies and
the CZM program internal procedures
concerning wetlands
protection (3)

No too so

not
so ot

INTERACTIONS ACTIVITIES
AGENCY NATIONAL; INTEREST FACILITIES REQUIRING
REQUEST / DATE REPLY / DATE CONSISTENCY
U.S. 3/80-Transmittal of 1/79-Request for (3)
COAST Draft CZM Program comments on NOAA
GUARD Approval Document and CZM program approved
request for comments regulations. (12/29/78)
(cont.)
7/79-Comments pro-
* 9th District vided concerning the
Cleveland, Ohio Draft Technical
Record and activities
(9) requiring program
* 3rd District consistency (9)
New York, N.Y. 3/80-Attended Federal
H (3) agency briefing on
H draft program in
Philadelphia (3)

INTERACTIONS ACTIVITIES
AGENCY NATIONAL; INTEREST FACILITIES REQUIRING
REQUEST / DATE REPLY / DATE CONSISTENCY

U. S. Consider the Great Weather 4/75-Maps of agency 4/75-(IIARAD) No Port development
DEPARTMENT Lakes and the Delaware recording owned lands and Federal lands under and promotion and
OF Estuary as a prime substations current operational agency control and intermodal planning
COMERCE resource providing in both plans and procedures appointment of grants
essential transporta- coastal zones designated officer
Maritime tion for both domestic 10/75-Request for Port expansion
Administration and international review of program 5/75-(NITFS) No Federal planning assis-
(MARAD) commerce. Development goals and objectives lands under agency tance for new
program of the mari- control, appointment terminals and
Economic time industry should 1/76-Invitation to of contact officer harbors
Development be given prime con- attend Federal
Administration sideration as they cons .istency meeting 5/75-(NWS) List of Grants and loans
(EDA) relate to the economic in Harrisburg weather stations in for public works
benefit of the coastal and development
the coastal zones and facilities
National communities and the 1/76-Agency review contact man appointed
Marine inland industrial and of applicable sections
Fisheries urban centers which of the draft CZ11 8/75-(EDA) Desired Planning and
Services coastal port facili- document coordination with Technical Assis-
(N14FS) ties serve. ICZM program tance
(MARAD) 5/77-Review and comment
National on draft chapters of 10/75-(NMFS) Concurred Public works impact
Oceanic & Preserve or enhance the CZM document with program goals program
Atmospheric the remaining and emphasize preser-
Administration ecologically sensitive 8/ 7 7-Review and comment vation of ecologically
(NOAA) areas. (MIFS) on draft chapters of sensitive areas
National the CZM document 2/76-(MARAD, NMFs,
Weather 8/78-Relate current NOAA) Attended Federal
Service status of CZM program consistency meeting
(NWS) in Harrisburg
4/79-Transmittal of
Draft Technical Record 11/76-(MARAD) Consid-
and a request,for eration should be
comments given to four major
10/79-Transmittal of maritime related areas
Executive Summary of
CZ14 program

so so so 00, No so "0 OW so W

INTERACTIONS ACTIVITIES
AGENCY NATIONAL INTEREST FACILITIES REQUIRING
REQUEST /.DATE REPLY / DATE CONSISTENCY

U. S. 3/80-Transmittal of 11/76-(MIFS) Close
DEPARTMENT Draft CZM Program coordination between
OF Approval Document and states is important
COMMERCE request for comments and preserve unique
wetlands
(cont.)
4/77-(EDA) Review and
general approval of
preliminary materials

6/77-(IR-IFS) Comments
and revisions to draft
chapters

10/77-(NMFS) Comments
and revisions to
Lj draft chapters

4/80-(MARAD) Comments
to the Draft CZM
Program Approval
Document

4/80@(DOC) Comments to
the Draft CZM Program
Approval Document

INTERACTIONS ACTIVITIES
AGENCY NATIONAL INTEREST FACILITIES REQUIRING
REQUEST /-DATE REPLY / DATE CONSISTENCY

U.S. No statement of NONE 4/75-Maps of agency 4/75-(FS) No Federal Watershed protec-
DEPARTMENT National Interest owned lands and lands under agency tion and flood
OF AGRICULTURE has been received current operational control and desig- prevention
plans and procedures nated contact man
Soil SCS soil and water
Conservation 8/75-Request official 4/75-(SCS) No Federal conservation
Service agency status for lands under agency
(SCS) coordination and control and appoint- Resources conserva-
contact person ment of contact man tion and develop-
Forest ment
Service 10/75-Request for 8/75-(SCS) Appointment
(FS) review of program of agency contact
goals and objectives
H 2/76-(SCS) Attended
1/76-Invitation to Federal consistency
attend Federal consis- meeting in Harrisburg
tency in Harrisburg
7/77-(SCS) General
11/76-Agency review of comments on boundaries,
applicable sections of GAPC's and final pro-
the draft CZM document duct outline
5/77-Review and comront 10/77-(SCS) Comments
on draft chapters of and revisions to
the CZM document draft chapters
8/77-Review and comment
on draft chapters of 3/80-(,SCS) Comments to
the CZ14 document the Draft CZM Program
Approval Document
8/78-Relate current
status of CZM program

4/79-Transmittal of
Draft Technical Record
and request for
'comments

10/79-Transmittal of
lExecutive Summary of
JCZ.M program

so 00, 00. low

AGENCY NATIONAL INTEREST' FACILITIES INTERACTIONS AC TJ V IT I E S
REQUIRING
REQU.EST DATE REPLY DATE CONSISTENCY

U.S. 3/80-Transmittal of
DEPARTMENT Draft CZM Program
OF AGRICULTURE Approval Document and
Soil request for comments
Conservation
Service
(SCS)

Forest
Service
(FS)

(cont.)

INTERACTIONS ACTIVITIES
AGENCY NATIONAL ; INTEREST FACILITIES REQUIRING
REQUEST / DATE REPLY / DATE CONSISTENCY

U.S. No statement of Parcels of 4/75-Agency owned 8/75-No current land
DEPARTMENT National Interest has land lands and current maps, some parcels of
OF been received operational plans and land, appointment of
HEALTH procedures contact person
EDUCATION AND
WELFARE 8/75-Follow-up request
for official status
on agency coordination
and contact person

10/75-Review of pro-
gram goals and
objectives

1/76-Invitation to
ON Federal'consistency
meeting in Harrisburg

11/76-Agency review
of applicable sections
of the draft CZM
document
5 / 7 7 -Pev:L ew and comment
on draft chapters of
the CZM document

8/77-Review and comment
on draft chapters of
the CZM document
8/78-Relate current
status of CZM program
4/79-Transmittal of
Draft Technical Record
and request fdr
comments
10/79-Transmittal of
Executive Summary of
CZM program

ACTIVITIES
INTERACTIONS
AGENCY NATIONAL INTEREST FACILITIES REQUIRING
REQUEST DATE REPLY DATE CONSISTENCY

U.S. 3/80-Transmittal of
DEPARTMENT Draft CZM Program
OF Approval Document and
HEALTH request for comments
EDUCATION AND
WELFARE

(cont.)

INTERACTIONS ACTIVITIES
AGENCY NATIONAL INTEREST FACILITIES REQUIRING
REQUEST /-OATE REPLY / DATE CONSISTENCY

MID-ATLANTIC NONE 8/77-Review and comment 8/77-Comments to NONE
FISHERY on draft chapters of draft chapters
MANAGEMENT the CZ11 document
COUNCIL
8/78-Relate current
status of CZM program

4/79-Transmittal of
Draft Technical Record
and request for
comments

10/79-Transmittal.of
Executive Summary of
CZ1.1 program

00 3/80-Transmittal of
Draft CZM Program
Approval Document and
request for comments

INTERSTATE COORDINATION
DATE MEETING SUMMARY OF THE MEETING
AND LOCATION

Great Lakes Basin Organization meeting
Commission (GLBC) Boundary determinations
APRIL Determination of permissible land and water uses
9 Standing Committee
1974 on CZM

Chicago, Illinois

GLBC Discussion on CZM grant application
MAY Standing Committee orCZM committee structure
CZM
21
1974

Schiller Park,
Illinois

GLBC Report on mapping activities in the Great Lakes
JULY Standing Committee onDiscussions on various lake activities
12 CZM
1974

Detroit, Michigan

GLBC Discussions of committees, state programs
SEPTE11BER Standing Committee onPlanning and design manuals
210 CZM
1974

Romulus, Michigan

GLBC Recession rate workshop
Standing Committee on Discussion on
DECEMBER CZM Strategy alternatives
5 National interests
1974 Committee work plans

Romulus, Michigan

GLBC CZM boundary and segmentation workshop
Standing Committee on Discussion on
FEBRUARY CZM Out of State travel problems
20
1975 Nuclear power siting

Detroit, Michigan

II-C-39

MEETING
DUE AND LOCATION SUMMARY OF THE MEETING

MIDATLANTIC COASTAL State planning programs discussed
JUNE STATES (MAS) Program development requirements
20 Administrative issues
1975

Annapolis, Maryland

GLBC Review of Federal regulations
OCTOBER Standing Committee orCommittee future activities
1 CZM
1975

Chicago, Illinois

MIDATLANTIC COASTAL OCS development
OCTOBER STATES Program approval by NOAA
10
1975

Sandy Hook, New
Jersey

GLBC Discussion on
Standing Committee on
DECEMBER CZM Federal Insurance Administration
9 Erosion hazard guidelines
1975

Madison, Wisconsin

MIDATLANTIC COASTAL Discussion of threshold papers
JANUARY STATES
23
1976

New York, New York

GLBC Discussion of potential areas of planning conflict
FEBRUARY Standing Committee on with CZM, 208 and 701 programs
4 CZM
1976

Cleveland, Ohio

TI-C-40

MEETING
DATE AND LOCATION SUMMARY OF THE MEETING

GLBC Discussion on
MAY Standing Committeeor Status reports
5 CZM Shore erosion
1976 State-Federal consultation & Federal
.consistency
Uses of regional benefit
Detroit, Michigan Organization of State CZM programs to implement
the plan

GLBC Detailed breakdown of the work elements
JUNE Standing Committee on
3 CZM
1976 Energy Steering
Committee

Romulus, Michigan

GLBC Development of the Great Lakes
JULY Standing Committee on Regional public awareness program
14 CZM
1976

Duluth, Minnesota

MIDATLANTIC Introduction to the latest CZM amendments
JULY COASTAL State submission schedule
28 STATES Tour of various projects at the College of
1976 Marine Studies

Lewes, Delaware

MIDATLANTIC Discussions on
AUGUST COASTAL CZM Act amendments
30 STATES CZM boundaries
1976 Permissible uses

Annapolis, Maryland

GLBC Project overview
SEPTEMBER Energy Steering Unit reports
13 - 14 Committee Assignment of work projects
1976

Romulus, Michigan

DATE MEETING SUMMARY OF THE MEETING
AND LOCATION

GLBC Public involvement workshop
SEPTEMBER Standing Committeeon
29 - 30 CZM
1976

Buffalo, New York

GLBC Progress reports by project managers
OCTOBER CZM Energy Steering
13 Committee
1976

Romulus, Michigan

MIDATLANTIC Discussion on
COASTAL
OCTOBER GAPC's
15 STATES Interstate-coordination
1970 Federal level interest

Cape Charles,
Virginia

GLBC Vegetation workshop
DECEMBER Standing Committee or Discussions on
1 - 2 CZM Fisheries management
1976 Federal consistency
Great Lakes shoreline damage
Energy facilities siting
Chicago, Illinois

GLBC Discussion on Federal Insurance Administration
Standing Committee or plans for Great Lakes Region
FEBRUARY CZM Discussion on vegetation publication
2 Discussion on budget
1977

Detroit, Michigan

GLBC Discussion on FIA/CZ1.1 Committee findings
JUNE Standing Committee or Discussion on
7 CZM Hazardous materials transportation
1977 Vegetation publication
Damage survey
Winter navigation programming
Detroit, Michigan Federal consistency discussion

II-C-42

DATE MEETING SUMMARY OF THE MEETING
AND LOCATION

Meeting of Great Discussion on
NOVEMBER Lakes Basin States Shoreline erosion
29 U.S. Flood Insurance Program
Recreational access
1",

Chicago, Illinois

DRBC Discussion of the CZM aspects of navigation and
Level 'B' Interstate energy on the Delaware River
DECEMBER Coordinative Meeting
13
1977

Trenton, New Jersey

GLBC Subcommittee reports on
Standing Committee on Great Lakes fisheries management
MAY CZM Indian involvement
4 Recreational access
1978 Erosion/hazard management
Discussion of Congressional Oversight Hearings
Discussion of urban waterfront restoration
Romulus, Michigan

Atlantic Coastal Discussion of proposed -regional organization
JULY States Co nference to conduct ocean policy and the use of ocean
resources

1978

Buena Vista, Delaware

DRBC Discussion of the CZM aspects of navigation and
AUGUST Level 'B' Interstate energy on the Delaware River
25 Coordinative Meeting
1978

Trenton, New Jersey

Fourth Annual MeetingDiscussion and analysis of coastal access issues
SEPTEMBER of the Coastal and man's reaction to changing coastal conditions
26 - 28 Society Topical presentations
1978 Access in urban areas
Industry/port access issues
Impacts of access
Burlington, Ontario Management of the coast
Considerations in protecting the coast

II-C-43

MEETING
DATE AND LOCATION SUMMARY OF THE MEETING

GLBC Subcommittee reports on
SEPTEMBER Standing Committee Recreational access to the Great Lakes
29 on Erosion/hazard management
1978 CZM Great Lakes fishery management
Discussion of Great Lakes urban waterfronts
Discussion offuture role of the Standing Committee
Burlington, Ontario

GLBC Discussion on reauthorization of the CZM act,
APRIL Standing Committee Great Lakes wetlands and water quality,
18 - 19 on fisheries management, erosion, urgan water-
1979 CZM fronts, and recreation access

GLBC Discussion on the Great Lakes Strategic Fisheries
JULY Standing Committee Management Plan, coastal process, CZM reauthori-
18 on zation, winter navigation, dredging and CEIP
1979 CZM

Detroit, Michigan

GLBC Discussion on CZM reauthorization, "Great Lakes
OCTOBER Stariding Committee Decisions", Pennsylvania CZM Program, Great Lakes
24 - 25 on Dredging Workshop, and coastal processes and
1979 CZM hazards

Erie, Pennsylvania

Informal 'Use of similar planning methodology in Delaware
FALL Contacts With tidal estuary
1979 New Jersey and Guidance relative to achievement of an approvable
Delaware CZM Section 306 program
Programs

GLBC Discussion on CZM reauthorization, coastal hazards,
JANUARY Standing Committee strategic fisheries plan, role of Standing
16 - 17 on Committee, and permit processing, simplification
1980 CZM and coordination

Chicago, Illinois

ii-C-44

DATE MEETING' SUMMARY OF THE MEETING
AND LOCATION

GLBC Discussion on CZM reauthorization, Great Lakes
APRIL Standing Committee Information Center, coastal hazards initiative,
16 - 17 on coal transshipment, and urban waterfronts
1980 CZM

Detroit, Michigan

II-C-45

STATE AGENCY COORDINATION State Coordinative Meetings
MEETING
AND LOCATION SUMMARY OF THE MEETING

CZM Introduction to CZ11 Act
Role of CZM subcommittee
JANUARY Subcommittee Discussion on ecological analysis
10 Designation of special task force
1975

6ZM Discussion of CZM program goals and objectives
Roles and responsibilities of Task Force Members
JANUARY Subcommittee Task Force work assignments
20
1975

CZM Recommendations of interim CZM boundaries
Discussion of State role in program development
FEBRUARY Subcommittee and implementation
14 Discussion of CZ.1 "critical path" for three
1975 year work program
Discussion of environmental element master list

CZD1 Role of local citizen advisory committees
Presentation of task force recommendations
FE11RVARY Subcommittee Advisory membership extended to public planning
21 agencies
1975 Discussions by NOAA representatives

CZM Discussions on program responsibilities
MARCH DVRPC scope of work presentation
12 Subcommittee Local steering committee status
1975

CZM Task Force report
Revised CZM subcommittee role
mARC11 Subcommittee Task Force deactivated
20
1979)

II-C-46

MEETING
DATE AND LOCATION SUMMARY OF THE MEETING

CZM Discussion on three year planning process
APRIL Subcommittee Discussion of draft second year grant application
17
1975

CZM DVRPC review of first year work on the program
Presentation of slides on the Delaware Estuary
JUNE Subcommittee
3
1975

CZM ECMPC presentation of first year work completed
Slide presentation and narration describing the
JULY Subcommittee organization of public participation mechanisms
16 in the Lake Erie coastal zone
1975

CZ11 Status report on se cond year activity
AUGUST Discussion on DVRPC draft copy of "Direct and
28 Subcommittee Significant Impact of land use on coastal water"
1975

CZM Outlined the revised critical path diagram
Work activity status report
OCTOBER Subcommittee Discussion on DVRPC paper on "Interrelationships
9 between the CZM program and other planning
1975 efforts"

CZ11 Results of DVRPC Transportation Study
NOVEMBER Program coordination with all other ongoing State
19 Subcommittee and Federal programs
1975

II-C-47

MEETING
DATE AND LOCATION SUMMARY OF THE MEETING

CZM Status at second year work activities
Revised program goals and objectives discussed
JANUARY Subcommittee Discussion on final product, Federal requirement
15 and threshold papers
1976

CZM Presentation on "Inventory and analysis of Lake
MARCH Erie ecologically sensitive coastal area"
11 Subcommittee Update on inventory and analysis of Delaware
1976 Estuary GAPCs
Discussions on means and organizational structure
for CZM program implementation

CZM GAPCs for Delaware Estuary and Lake Erie
presented
MAY Subcommittee Discussions on CZM program implementation
12
1976

CZM Presentation of conceptual framework for developing
JUNE coastal zone management policies
18 Subcommittee Policy framework format accepted
1976

CZM Coastal zone policy framework revised
AUGUST Discussion on State level policy making committee
18 Subcommittee
1976

OCTOBER CZM Status report on third year work activities
28 ECDP and DVRPC delineation of final coastal zone
1976 Subcommittee boundaries
Report by Governor's Energy Council on OCS
impact study

II-C-48

MEETING
DATE AND LOCATION SUMMARY OF THE MEETING

Erie legislative Briefing on CZM program
NOVEMBER delegation briefing Discussion on legislative alternatives
1976

CzM Status report on third years activities
DECEMBER Discussion on implementation
14 Subcommittee Discussion on priorities
1976

CzM Status report on third year activities
FEBRUARY Discussion on legislative alternatives
10 Subcommittee Dis6ussion of implementation
1977 Comments on Delaware Estuary citizen involvement
meetings

Erie Legislative Background to CZM program
Delegation Lake Erie film presentation
FEBRUARY Legislative alternatives
1977 CZM briefing Future CZM funding.

Philadelphia Background to CZM pr ogram
Legislative Delega- Delaware Estuary slide presentation
MARCH tion Legislative alternatives
1 Future funding for CZM
1977 CZM briefing

Bucks and Delaware Background to CZM program
MARCH Legislative Delega- Delaware Estuary slide presentation
21 tion Legislative alternatives
1977 CZM briefing Future funding for CZM

II-C-49

DATE MEETING SUMMARY OF THE MEETING
AND LOCATION

CZM Status report on third year work activities
APRIL Discussion on potential implementation
19 Subcommittee alternatives
1977 Discussion draft chapters

Status report on third year work activities
JUNE CzM Discussion on local coordinative efforts
16 Review of document conflicts
1977 Subcommittee Discussion of 4th year work activities

CzM Status report,on third year work activities
SEPTEMBER Discussion of program continuation efforts
30 Subcommittee Review comments and further development of draft
1977 CZM program document

CZM Meeting General status of Pennsylvania CZM program
OCTOBER kAA/State Discussion of needs for program continuation
20 Officials Assignment of 4th year grant prerequisites
1977

CZM Meeting Further progress of Pennsylvania CZM effort
DECEMBER NOAA/State/Local Formulation of a viable and acceptable implementa-
28 Officials tion strategy
1977

SEPTEMBER CzM Current status of Pennsylvania CZM program
25 Discussion of recommended implementation strategy
1978 Subcommittee Review and approve Draft Coastal Zone Policy
Framework

II-C-50

MEETING
DATE AND LOCATION SUMMARY OF THE MEETING

CZM meeting Status of Pennsylvania CZM Program
FEBRUARY NOAA/State officials Review Coastal Zone Policy Framework and
14 management requirements
1979 Discussion of fourth year CZM grant

CZM meeting Review of Pennsylvania's legal analysis and
JUNE NOAA/State officials proposed management structure
8 Review of legislative outline, timeframe and
1979 key participants for proposed Bluff Setback
Law
Discussion on use of executive order,secretarial
directive and MOU, and details of program
implementation

CZM Subcommittee Current status of Pennsylvania CZM Program.
JUNE Discussion of recommended implementation
13 strategy and organizational structure
1979 Review technical and coordinative activities in
Delaware Estuary and Lake Erie coastal zones

State Second Class Brief the officers on the status and intent of the
Township' Supervisors Pennsylvania CZM Program
AUGUST
15
1979

CZM Subcommittee, Current status of proposed CZM related legislation
Discu's8lofi of p4ucation/involvement process with
SEPTEMBER
13 local ofkicjlsjand coastal public
1979 Review of@te@ 6icd'I'Ad coordinative activities
in Delaware Est4aiy and Lake Erie coastal zones

NW Pennsylvania Status and intent of Pennsylvania CZM Program
SEPTEMBER Delegation Legislative requirements and support
18 ZM Briefing
1979

MEETING
DATE AND LOCATION SUMMARY OF THE MEETING.

OCTOBER CZM meeting Discussion of fol lowing program elements
30 - 31 NOAA/State officials State'consistency - networking
1979 CZM Policy Framework
Scheduling for Bluff Setback and
S.B. 181 legislation and regulations
Use of Technical Record as "306" document

State First Class Brief the officers on the status and intent of the
NOVEMBER Township Commission- Pennsylvania CZM Program
9 ers and Borough
1979 Supervisor$

CZM Subcommittee Cijrrent status of CZM Program.and CZM related,
JANUARY leg@slation
.9 Review of technical and coordinative activities
1980 in Delaware ts-'iuary and Lake Erie coastal zones
Discussion of Interagency MOU and Executive Order

CZM'Subcommittee Review of revised Coastal Zone Policy Framework
JANUARY Discussion of future role of CZM Subcommittee
18
1980

CZM Subcommittee Current'status of CZM Program and Bluff Setback
APRIL legislation
15 Review of technical and coordinative activities in
1980 Delaware Estuary and Lake Erie coastal zones
Discussion on CZM "306" Program approval document

II-C-52

State Agency Responsibilities

A. Department of Commerce: This Department is responsible for
the promotion and development of business, industry and
commerce in the Commonwealth. This duty is partially
carried out by: making low interest loans to help finance
new facilities or expand older facilities; providing grants
to municipalities, municipal auzhorities, industrial
development agencies or State agencies for the construction,
rehabilitation, alteration, expansion, or improvement of
water facilities, sewage collection lines, and channel
realignment; information dissemination projects conducted by
State institutions for the benefit of Pennsylvania industry
to ensure more jobs for Pennsylvania; and finally by
promoting stimulating and encouraging basic and applied
scientific research and development in Pennsylvania which
will assist in the advancement of the Commonwealth's
economic growth.

B. Department of Community Affairs: This Department, which was
created by the General Assembly in 1966, provides a direct
link between the State government and the more than 2,600
local governments. The Department provides technical and
financial assistance to address a wide range of issues.
These issues include but are not limited to assistance to
communities in applying for State and Federal aid programs
in the areas of urban renewal, and housing and community
development; technical and financial help to develop local
recreation, conservation and historically oriented plans and
programs; and the responsibility for administering the
Federal Flood Insurance Program and other sections of the
Pennsylvania Ploodplain Management Act.

C. Department of Environmental Resources

1. office of Chief Counsel - This office is@ the
Department's legal agency. It represents program
bareaus in the courts and before the Environmental
Hearing Board. The office also offers legal advice
and other related services to the D epaAment. There
are three bureaus in this office. They are: the
Bureau of Regulatory Counsel, the bdreau of Litigation
and the Bureau of Legal Services'.

a. Bureau of Regulatory Counsel - This Bureau is
responsible for providing prograi-h,advice to the
Ofiide f EnvIronmental Protection on regulatory
and 26kbement policies. th4 Bureau also
reviews the Office of Environmental Protection's
administrative mechanisms, w ich include orders,
permit decisions and pia'n retews.

II-C-53

b. -Bureau of Legal Services This Bureau acts as
a general law firm providing varied services to
the Department of Environmental Resources.

C. Bureau of Litigation - This Bureau is
responsibl-e f-or representing the Department in
enforcement actions before the Environmental
Hearing Board and State and Federal courts. The
Bureau also conducts conferences and negotiates
qqnsen agreements.

2. office of Environmental Protection - This office is
responsible for developing and carrying out programs
to identify environmental., problems and to correct
them. The programs work for total coordinated
solutions to environmental problems and provide
guidelines, and assistance to local governments,
private organizations and #tizens to abate pollution.
The Bureaus in this office that are included in
Pennsylvanials Coastal Zone Management Program are the
Bureau of solid Waste Management, Bureau of Water
Quality Management,- and the Bureau of Air Quality
Control.

a. Bureau of Solid Waste Management This Bureau
is divided into three Divisions. The Divisions'
responsibilities 'are as follows

responsible for all investigation,
(1) Division of operations - The Division is

inspection and enforcement in the solid
waste management program and for the
issuance of permits. The Division
conducts an inventory program and operates
the Bureau's Data Management System. The
Division is.also responsible for program
evaluation, resource allocation and the
coordination of emergency response
efforts.

(2) Division of Municipal Services - The
Division of Municipal Services is
responsible for the preparation and
updating of the State Solid Waste
Management Plan and for implementation of
the local and regional solid waste
planning mandated by Act 241. The
Division provides staff services to the
Governor's Solid Waste Management Advisory
Committee and provides liaison with county
health department solid waste programs.
The Division is also responsible for the
Department's resource recovery grant and

II-C-54

loan program and for -,@he Bureau's sewage
sludge management program.

(3) Division of Hazardous Waste Management
The Division of Hazardous Waste Management
is responsible for the development and
implementation of a hazardous waste
management regulatory program as required
by the Federal Resource Conservation and
Recovery Act, including the drafting of
legislation, regulations, and standards
that will enable Pennsylvania to achieve
program delegation. The Division provides
technical services to the regional offices
on the disposal of industrial and
hazardous wastes and provides liaison with
the toxic substances control program of
the Department. The Division provides
staff services to the Department's
industrial Advisory Committee.

b. Bureau of Water Quality Management - This Bureau
is responsible for directing all State efforts
to provide clean water for a variety of uses to
the people of Pennsylvania. The Bureau has two
Divisions pertinent to the Coastal Zone
Management Program; they are the Division of
Water Quality and the Division Of Nonpoint and
Industrial Sources',

(1) Division of Water Quality - This Division
is responsible for establishing water
quality standards for surface and
groundwaters, monitoring of water quality
and laboratory.servicla8.

(2) Division of 14ohpoint and Industrial
Sources -'This-Ijivisioh is responsible for
-,establishing :qriteric-i and standards for
industrial waste management programs. In
addition, the Division is responsible for
developing programs and methodologies to
reduce nonpoint source pollution
discharges into the Commonwealth's waters.

C. Bureau of Air oddlity Control - This Bureau
establishes methods Afid procedures that identify
and ptovid6 solutildhs to abate air pollution
problems. The Bureau has three Divisions
pertinent to the Coastal Zone Management
Program; the@ are the Division of Abatement and
Compliance, the Division of Air Resources
Management, and the Divisidn of Technical
Services and Monitoring,

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Division of Abatement and Compliance
This Division is responsible for
determining and enforcing compliance with
rules, regulations, and orders of the
Department through the review of plans for
construction of air contaminant sources,
review of operating permits for air
contaminant sources, and investigation of
complaints of air pollution. The Division
4.s also responsible for implementing air
pollution emergency control actions and
noise control.

(2) Division of Air Resources Management
This Division is responsible for
developing air quality regulations, air
resources management techniques, and
assisting in air pollution control efforts
for municipal governments and citizen
groups

(3) Division of Technical Services and
Monitoring - This Division is responsible
for providing current and historical data
on air ' pollution levels and source
emissions through monitoring programs and
laboratory' services. This Division also
initiates air polluzion emergency control
programs.

3. Office of Resources Management - This office plans,
directs, and coordinates the Department's programs
associated with the management of the Commonwealth's
natural resources. Areas under the purview of this
office include outdoor recreation, forestry, flood
control and water conservation, mining area pollution
abatement and restoration, water resources planning,
and development and related engineering and operations
activities. The office also administers plans and
regulates the Department's programs for water
obstructions and encroachments, floodplain management,
stormwater management, dam safety responsibilities and
water allocations authority, and coastal zone
management. in addition to these responsibilities,
the office also plans, administers, and conducts
comprehensive and detailed surveys of the geology,
mineral resources, topography, and groundwater
resources of Pennsylvania. This office has seven
Bureaus which are affected by the Coastal Zone
Management Program. These Bureaus include the Bureau
of Resources Programmingl the Bureau of Design, the
Bureau of Operations, the Bureau of soil and Water
Conservation, the Bureau of State Parks, the Bureau of

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Dams and Waterway Management, aad the Bure au of
Topographic and Geologic Survey.

a. Bureau of Resources Programming - The Bureau is
responsible for conducting investigations,
surveys, studies and research to determine
statewide needs. This information is then used
as a basis for development of long-range
comprehensive planning.

(1) Division of comprehensive Resources
Programming - This Division is responsible
for developing coordinated comprehensive
programs for the planning and development
of water resources management in the
Commonwealth. The Division also acts as
coordinator for the development of these
programs with Federal agencies, other
State agencies, local planning groups, and
private citizens.

(2) Division of Water Resources Projects -
This Division is responsible for
conducting engineering investigations and
feasibility studies of proposed projects
for flood control. Their study results
are designed to show an analysis of
benefits, alternative solutions, costs and
an overall environmental assessment of the
proposed project.

b. Bureau of Design - This Bureau is responsible
for designing projects which are to be
constructed by the Department and acts as
coordinator for projects constructed for the
Department by the Department of General
.Services. This Bureau has two Divisions which
will be affected by the Coastal Zone Management
Program. These include the Division of
Recreational Facilities and the Division of
Water Control Structures.

(1) Division of Recreational Facilities - This
Division is responsible for the design of
public recreational facilities for the
Commonwealth.

(2) Division of Water Control Structures -
This Division is responsible for designing
projects for the control of surface water
including levees, flood walls, pumping
stations, channel improvements and dams
for recreation, flood, control,

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irrigation, low flow augmentation and
water supply.

C. Bureau of operations - This Bureau is
responsible for inspecting the construction of
dams, flood control projects, recreational areas
and State parks, new and rehabilitative work and
other similar projects. The Bureau monitors
construction of water pollution abatement and
control structures, mine subsidence protection
and restoration projects, and projects for the
elimination of mine and refuse bank fires. The
Bureau also operates and maintains specific
Departmental projects on a permanent basis. it
will periodically inspect and report to the
Secretary on conditions of projects built by the
Department to ensure that proper maintenance and
operation functions are being performed by those
responsible. The Bureau also investigates,
designs, administers, and constructs
Departmental stream improvement projects and
provides advisory services to other agencies and
local governments on remedial construction
methods. The Coastal Zone Management Program
impacts one Division in this Bureau - the
Division of completed Projects.

(1) Division of Completed Projects - This
Division operates and maintains specific
Department projects on a permanent basis.
Provides inspection service for completed
Commonwealth flood protection projects of
all types, as well as for specific Federal
flood protection projects where
Commonwealth-owned land is involved.

d. Bureau of Soil a nd Water Conservation - This
Bureau acts as coordinator for the 66 state
conservation districts; its mandated
responsibilities include small watershed
projects, establishment of priorities for
watershed project installations, and
implementing erosion and sedimentation control
regulations. There is a Division and a Branch
that are affected by the Coastal Zone Management
Program. These are the Division of Soil
Resources and Erosion Control and the Watershed
Branch.

(1) Division of Soil Resources and Erosion
Control - This Division is responsible for
implementing the Soil resources
conservation and the soil erosion and
sedimentation control programs of the

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Department of Environmental Resources.
Additional responsibilities include
providing assistance to the Bureau of
Water Quality Management in developing
programsf evaluating erosion and
sedimentation control measures and
securing compliance to Erosion control
Rules and Regulations of Chapter 102.

(2) Watershed Branch - The Branch assists
local governments in developing upstream
watershed and flood protection programs
for watersheds of less than 250,000 acres.

e. Bureau of State Parks - The Bureau administers
the overall operation, maintenance and
management of the Pennsylvania State Park
system, which provides year-round outdoor
recreational opportunities and experiences for
all Pennsylvania residences and visitors. The
Bureau also engages in the interpretation of
State Park ecological systems which it utilizes,
protects which are perpetuates as a principal
heritage of the natural environment and
importance to the recreational opportunities of
the State Park system. There are two Divisions
which are affected by the Coastal Zone
Management Program. These are the Division of
Maintenance and Environmental Management and the
Division of outdoor Recreation.

(1) Division of Maintenance and Environmental
Management - The Division's main
objectives are to maintain and conserve
the physical and natural resources of the
State Park system through the planning,
development, and proper utilization.
These objectives are. realized by
improving, protecting and as appropriate
preserving the natural physical resources
of the State Park system.

(2) Division of outdoor Recreation The
Division conducts recreation surveys and
evaluations to determine supply, demand,
and utilization of existing public
recreation facilities and trends in
outdoor recreation activities as they
relate to the State Park system.

f. Bureau of Dams and Waterway Management This
Bureau adminisi-ers and enforces laws and
regulations related to floodplain management,
stormwater management, dams and water

II-C-59

obstructions. The Bureau also plans, directs
and coordinates statewide programs for these
activities, processes permits for the regulation
of facilities required by various laws,
administers grant programs to counties for
stormwater management planning, and closely
coordinates all program activities related to
Federal, state and local agencies and related
nonofficial agencies. There are two Divisions
within the Bureau which 'are affected by the
Coastal Zone Management Program. These are the
Division of Obstructions and Floodplain
Management and the Division of Stormwater
Management.

(1) Division of Obstructions and Floodplain
Management - This Division is reponsible
for regulating all water obstructions and
changes to the course, current, cross
section or location of any stream, and its
related 100-year floodplain in the
Commonwealth in a manner that protects
life, property, safety and riparian rights
of the public. To accomplish this
responsibility, the Division conducts
investigations, surveys, and develops
standards and policies related to
floodplain management and water
obstructions. Further, the Division
provides assistance to local
municipalities and coordinates with
related Federal, State governmental
agencies, and nongovernmental agencies.

(2) Division of Stormwater Management - This
Division is responsible for administering
the Stormwater Management Act. Proper
administration requires the promulgation
of guidelines and model ordinances,
designation of watersheds, review and
approval of county watershed stormwater
plans, and provision of technical
assistance.

9- Bureau of Topographic and Geologic Survey - The
Bureau is responsible for planning,
administering and conducting comprehensive
detailed surveys of the geology, mineral
resources, topography and groundwater resources
of the Commonwealth. The Bureau is the only
agency in Pennsylvania (including the
government, academic, industrial and private
sectors) which is systematically mapping the
geologic resources of Pennsylvania. Divisions

II-C-60

within the Bureau which t-le Coastal Zone
Management Program affect include the Division
of Geologic Mapping, Division of Mineral
Resources, Division of oil and Gas Geology,
Division of Environmental Geology, and the
Division of oil and Gas Regulation.

(1) Division of Geologic Mapping - This
Division 'prepares detailed geologic maps
and reports of all geological features and
their environmental impact on an area-by-
area basis for the entire State. The maps
are used in land use planning, engineering
and construction design, environmental
protection, agriculture development, road
building, and recreation planning.

(2) Division of Mineral Resources - This
Division conducts field and laboratory
studies of known and potential mineral
resources. in Pennsylvania for the purpose
of maintaining reserves for Pennsylvanials
billion dollar a year mineral industry and
being able to continue to supply the raw
material needs for i ndustry and
constructioni

(3) Division of oil and Gas Geology - This
Division conducts geologic investigations
and studies of existing and,potential oil
and gas producing areas of Pennsylvania to
maintain vitally needed energy reserves
and to assure orderly development of these
resources. Assembles geologic data from
'each new oil and gas well as drilled and
makes regional' maps and cross sections
which serve as a guide to the oil industry
for future oil and gas prospecting and
development.

(4) Division of Environmental Geology - This
Division prepares.,comprehensive area maps
and reports.defining geologic conditions
which affect the environment and land use
planning. Identifies geologic hazards,
urban-geology problems, and all tactors
affecting waste disposal, transportation
routes, ..recreation, and reviews
environmental impact statements. Provides
@eologic services to ail State agencies,
industry and the public.

(5) Division of oil and Gas Regulation - This
Division, under Act 225 of November 30,

II-C-61

1955, and amendments, permits, regulates
and inspects wells drilled for oil and
natural gas, wells used for underground
storage of natural gas and wells to be
plugged and abandoned.

D. Pennsylvania Fish Commission: This commission is
responsible for making, administering and enforcing rules
and regulations relating to boating; the protection,
propagation, and distribution of fish; and from the angling,
catching, or removal of fish from any waters artificially or
otherwise, wholly within this commonwealth or in waters
lying between this Commonwealth or any other state. The
Commission is also responsible for the control and
management of all hatching stations and fish cultural
establishments and the making of free distribution or
pianting of fish, produced at State fish hatcheries or
otherwise acquired.

E. Pennsylvania Historical and Museum Commission: This
Commission is responsible f6-rthe advancement and protection
of historical interests in the Commonwealth. The
Pennsylvania Administrative Code designates the Commission
As the official State agency for the conservation Of
Pennsylvania's historic heritage, the preservation of public
records and historic documents. The proper conservation of
Pennsylvania historic resources requires the commission to
approach the problem from the 'following perspectives: the
need to protect historic buildings, historical relics and
historical records; initiation of an active program to
develop and promote interest in Pennsylvania's historic
heritage; increased research, writing, and publication of
documents' that satisfy our interest in history; and close
working communication with historical societies and other
institutions dedicated to furthering the knowledge of the
Commonwealth's history.

F. Public utility Commission: This Commission is an
independent, quasi-judicial agency created by the
legislature in 1937 to establish and maintain resonable
rates and safe and adequate service through the regulation
of the St@tets public utilities. The commission, which is
organized into eight bureaus, regulates the nearly 5,000
utilities which provide in-state services for compensation
to consumers. These services include electricity, natural
gas, telephone, telegraphic, water, sewage collection and
disposal, steam heat, transportation of passengers or
property, and pipeline transmission of gas and oil.

G. Pennsylvania Game commission: This Commission is an
independent administrative agency charged wit'n the
responsibility of protecting, propagating, managing and
preserving game, furbearing animals, and protected birds in
the Commonwealth. The commission also manages State Game

II-C-62

Lands to provide the highest possible sustainable yield of
wildlife and timber to furnish outdoor recreation in the
form of sport hunting and compatible recreational activities
for the enjoyment of Pennsylvania residents and visitors.

Department of Transportation: This Department is charged
with the responsibility of developing programs to assure
adequate, safe and efficient transportation facilities and
services at the lowest reasonable cost to Pennsylvania
residents. The Department also coordinates Federal, State
and local facility requirements to help achieve
transportation goals in the Commonwealth. These goals
include providing needed facilities for the movement of
people and goods, stimulating technological advancement in
transportation facilities, providing leadership to identify
and solve transportation problems, and develop and apply
multimodal approaches to transportation policy and programs.

II-C-63

LOCAL GOVERNMENTAL AND PUBLIC COORDINATION (DELAWARE ESTUARY)
DATE MEETING SUMMARY OF THE MEETING
AND LOCATION

Ist Delaware Estuary Discussion of grant application to NOAA
JUNE Ad Hoc DVRPC support
5 Steering Committee Discussion of program basics
1974

2nd Delaware Estuary Overview of CZM Act
OCTOBER Ad Hoc First year work elements and program
9 Steering Committee Discussion of program basics
1974

3rd Delaware Estuary Steering committee membership and roles
Steering Committee established
JANUARY Two step process for boundary delineation
30
1975

4th Delaware Estuary Discussion of
Steering Committee Initial inland boundary
FEBRUARY Citizen participation
28 Local government participation
1975

Delaware County Election of local representative to steering
MARCH Citizens Meeting committee
26
1975

Bucks County Discuss ion on election of local representative
Citizens Meeting to steering committee - no representative
APRIL elected
3
1975

II-C-64

MEETING
DATE AND LOCATION SUMMARY OF THE MEETING

5th Delaware Estuary Work program introduced
Steering Committee Citizen participation meetings discussed
MAY Defined direct and significant impacts
2
1975

Bucks County Election of local representative to the
Citizens meeting steering committee
MAY
22
1975

Delaware County Discussion of
Citizens meeting Nature of program
JUNE Objectives and policies
17 Slide show
1975

Bucks County Discussion of
JUNE Citizens meeting Nature of program
2
4 Objectives and policies
4 Slide show
1975

Philadelphia County Discussion of
Citizens meeting Nature of program
JUNE Objectives and policies
26 Slide show
1975

Marine Advisory Services
JULY evaluate Coastal Zone Management Program

1975

II-C-65

MEETING
DATE AND LOCATION SUMMARY OF THE MEETING

6th Delaware Estuary Steering committee chairman elected
JULY Steering Committee Goals and objectives discussed
17 Review and evaluate Citizen Questionnaire
1975

7th Delaware Estuary Review of second year contract
AUGUST Steering Committee Review of MAS evaluation
28 Discussion on papers on problems and issues
1975 and direct and significant impacts

8th Delaware Estuary Discussion on citizen participation program
Steering Committee revision
SEPTEMBER Discussion of--paper on interrelationships of
25 CZ program with other planning programs
1975

9th Delaware Estuary Discussion of
Steering Committee Transportation systems paper
OCTOBER Direct and significant impact methodology
22 Marine Advisory Service recommendations
1975

Pennsylvania Coastal Zone Management Program
brochure is published
NOVEMBER

1975

Delaware County Meeting held jointly with Delaware County
Citizens Meeting Planning Department
NOVEMBER Overview concept of CZM
18 Citizen participation information
1975 CZM boundary discussion

II-C-66

MEETING
DATE AND LOCATION SUMMARY OF THE MEETING

Bucks County Problems and issues within and affecting the
Citizens Meeting coastal zone
NOVEMBER Public access to river
24
1975

Philadelphia County Overview concept of CZM
Citizens Meeting Citizen participation information
DECEMBER CZM boundary discussion
2
1975

10th Delaware Discussion on
Estuary Steering Geographic areas of particular concern (GAPC)
DECEMBER Committee Areas of natural value-
17 Alternatives for economic analysis
1975

"TIDINGS"
Volume 1 #1
JANUARY (Delaware Estuary Coastal Zone Newsletter)

1976

Philadelphia County GAPC's discussion
Citizens Meeting CZM boundary discussion
JANUARY
21
1976

Bucks County GAPC's discussion
Citizens Meeting CZM boundary discussion

JANUARY
26
1976

II-C-67

DATE MEETING SUM IMARY OF THE MEETING
AND LOCATION

Delaware County Problems and issues within and affecting the
JANUARY Citizens Meeting coastal zone
29 GAPC discussion
1976

llth Delaware GAPC's discussion of development opportunity areas
Estuary Steering@ Discussions on final CZM documents to be produced
FEBRUARY Committee
4
1976

"TIDINGS"
MARCH Volume 1 #2
Published

1976

12th Delaware Final product outline
Estuary Steering Discussions of legal aspects of State and County
MARCH Committee Agenda for citizen meetings
4
1976

Bucks County Discussions on impact assessment methodology
Citizens Meeting Discussion of possible implementation schemes
MARCH GAPC's discussed
25
1976

Delaware County Discussion of
Citizens Meeting Working methodology
MARCH Policy framework
29 Possible implementation schemes
1976 GAPCs

II-C-68

MEETING
DATE AND LOCATION SUMMARY OF THE MEETING

Philadelphia County Discussion of
MARCH Citizens Meetings Working methodology
31 with Program elements
1976 "208" Water Quality Possible implementation schemes
Study

Pennsylvania Coastal Zone Management and State planning efforts
Intergovernmental
APRIL Committee on Land
Use
8
1976

13th Delaware Means of implementation
APRIL Estuary Steering Discussion on areas for preservation and
22 Committee restoration (APR's)
1976 Impact analysis for direct and significant and
permissible uses

14th Delaware Means of program implementation
Estuary Steering GAPC's and APR's discussion
MAY Committee Resource types for coastal activities
20
1976

"TIDINGS"
JUNE Volume 1 #3
Published

1976

Philadelphia County Discussion on
JUNE Citizens Meeting Final management boundary
3 Ongoing impact analysis,
1976 Implementation advantages
Final designation of Philadelphia GAPC's

II-C-69

MEETING
DATE AND LOCATION' SUMMARY OF THE MEETING

Bucks County Discussion of
Citizens Meeting Ongoing development of policies, objectives,
JUNE program authorities and results
10 Final management boundary
1976

Delaware County Discussion of
Citizens Meeting Final management boundary
JUNE Ongoing development of policies, objectives,
15 program authorities and results
1976

15th Delaware Review of CZM*steering committee role
Estuary Steering Draft CZM policy framework
JUNE Committee Means of program implementation
17 Impact analysis and determination of permi ssible
1976 uses for final boundary

16th Delaware Discussion of impact assessment network (IAN)
Estuary Steering List of coastal resources for impact analysis
JULY Committee presented
30 Discussion of tentative inland boundary in
1976 Delaware County

l7th Delaware Discussion of IAN
Estuary Steering Discussion of Philadelphia inland boundary
SEPTEMBER Committee
16
1976

DVRPC sponsored boat Explanation of CZM program
SEPTEMBER tour of the Delaware Reconnaissance of Philadelphia County shoreline
30 Estuary from the Delaware River
1976

II-C-70

DATE MEETING SUMMARY OF THE MEETING
AND LOCATION

Bucks Audubon Slide show on coastal problems in Bucks County
OCTOBER Society Lecture
5
1976

18th Delaware State authorities needed to implement CZM
OCTOBER Estuary Steering program
22 Committee Report on study of "Four Environmentally
1976 Sensitive Areas"

19th Delaware Means of Implementation
DECEMBER Estuary Steering Policy priorities for legal analysis
3 Committee Discussion on approach to permissible analysis
1976 Schedule of products through March 1977

20th Delaware Various implementation alternatives
Estuary Steering Procedures for delineation and layout of final
JANUARY Committee boundary (Bucks Co.)
27 Description of three step permissibility analysis
1977

Bucks County Discussion on policy framework
Citizen Meeting Legislative alternatives for implementation
JANUARY Procedure for delineation and physical layout of
31 final Bucks Co. CZM boundary
1977

Philadelphia County Discussion on three major implementation
FEBRUARY Citizen Meeting alternatives
7 Status report on OCS impact study
1977 Discussion on draft policy framework
Procedure for delineating and physical location
offinal Philadelphia Co. CZM boundary

II-C-71

MEETING
DATE AND LOCATION SUMMARY OF THE MEETING,

Delaware County Summary of CZM program
FEBRUARY Citizen Meeting Discussion of three major implementation
9 alternatives
1977 Review of finalized coastal zone policy
framework

21st Delaware Discussion on various aspects of implementation
Estuary Steering Comments on working paper and final document
FEBRUARY Commiittee draft chapters
18 Discussion of new legislation
1977

22nd Delaware Discussion on draft chapters
Estuary Steering outline of final permissibility analysis t4ork
MARCH Committee Outline of current NOAA shoreline access funding
18
1977

23rd Delaware Discussion on draft chapters
APRIL Estuary Steering Explanation of use priorities
Committee Discussion of fourth year work tasks
20
1977

APRIL "TIDINGS"
VOLU14E 2 #1
1977 PUBLISHED

Delaware County Discus sions on roles of LOW and DCPD
MAY Citizens Meeting Presentation on overview of current and future
2 status of the CZM program
1977 Presentation on specific problems, issues, goals,
and objectives
General CZM discussions

II-C-72

MEETING
DATE AND LOCATION SUMMARY OF THE MEETING

CZSC Workshop Review of chapter organization
MAY Comments on Draft Chapters 1, 2, 3
6
1977

Review of Recreation section
Comments on Draft Chapter 5
MAY CZSC Workshop Comments on Draft Chapter 6
19
1977

CZSC Workshop Discussion and comments on draft
JUNE Draf@ Chapter 4
10 Draft Chapter 7
1977 Draft Chapter 8

CZSC Workshop Review Chapter 4
Comments on Draft Chapter 9
JULY Comments on Draft Chapter 10
29
1977

CZM Task Force Discuss State's proposed CZM Plan with
(Petroleum Delaware Estuary oil industries officials
AUGUST Industries)
23
1977

LOWV Sponsored Boat Review CZM plan recommendations with legislators,
OCTOBER Tour of the Delaware local officials, and interested citizens
15 Estuary Reconnaissance of Delaware and Philadelphia County
1977 shorelines from the Delaware River

II-C-73

MEETING
DATE AND LOCATION SUMMARY OF THE MEETING

LOW Sponsored Boat Review CZM/Level B studies with legislators,
MAY Tour of the Delaware local officials, and interested citizens
11 Estuary Reconnaissance of Philadelphia and Bucks County
1978 shoreline from the Delaware River

24th Delaware Review current status of CZM program
AUGUST Estuary Steering Preliminary input into development of revised
17 Committee policy framework
1978

25th Delaware Discussion and review of Draft Chapters 5 and 10
SEPTEMBER Estuary Steering (revised version)
20 Committee
1978

26th Delaware Update on status of CZM Program
MAY Estuary Steering Discussion of DVRPC and LOW contracts, legal
2 Committee analysis, executive summary, and benefits of
1979 CEIP Program

27th Delaware Review and discussion of new organizational
JULY Estuary Steering structure for program implementation and pending
19 Committee bluff setback legislation
1979 Summary of public participation and education
activities

Meetings with local Brief local officials on CZM activities, and overall
SEPTEMBER, officials of 20 legislative intent and local requirements
OCTOBER, coastal municipal-
NOVEMBER ities
1979

II-C-74

MEETING
DATE AND LOCATION SUMMARY OF THE MEETING

28th Delaware Progress Report on bluff setback legislation
OCTOBER Estuary Steering and local officials meetings
17 Committee Description of three waterfront demonstration
1979 projects
Discussion on developing a mechanism to
involve local officials and citizens in CZSC
functioning

JANUARY 29th Delaware Review of pending legislation, passage of
23 Estuary Steering Act 70, and revised policy framework
1980 Committee Discussion of Section 306 program approval
process and mechanisms to involve citizens
@in CZSC functioning

Bucks County Review of CZM Program activities and overall
JANUARY Citizens meeting program changes
31 Slide presentation on CZM policies
1980 Future CZM Program activities and citizen
entry points

Delaware County Review of CZM Program activities and overall
FEBRUARY Citizens meeting program changes
4 Slide presentation on CZM policies
1980 Future CZM Program activities and citizen
entry points

Philadelphia County Review of CZM Program activities and overall
FEBRUARY Citizens meeting program changes
14 Slide presentation on CZM policies
1980 Future CZM Program activities and citizen
entry points

II-C-75

LOCAL GOVERNMENTAL AND PUBLIC COORDINATION (LAKE ERIE)
DATE EAST STUDY AREA CENTRAL STUDY AREA WEST STUDYAREA
STEERING COMMITTEE STEERING COMMITTEE STEERING COMMITTEE.

Program work objectives
MARCH and specific elements
5 established. Purpose of
1975 and membership on the
steering committee.

Citizen Advisory Com-
MARCH mittee established,
19 steering committee
1975 members appointed and
election of steering
committee chairman.

Program work objectives
Itky and specific element.s
6 established. Purpose of
1975 and membership on the
steering committee.

Steering committee members
appointed and chairman
MAY elected.
14
1975

Program work objectives
MAY and specific elements
21 established. Purpose of
1975 and membership on the
steering committee.

NEWSPAPER A.ITICLES CALLING FOR PUBLIC
JUNE PARTICIDATION IN THE COASTAL
26 - 27
1975 ZONE MANAGEMENT PROGRAM

II-C-76

EAST STUDY AREA CENTRAL STUDY APEA WEST ST. AREA
UDY
DATE
STEERING COMMITTEE STEERING COMMITTEE STEERING COMMITTEE.

MARINE ADVISORY SERTICES EVALUATE PENNSYLVANII CZM PROGRAM

JULY
1975

CZM STAFF TELEVISION INTERVIEW
JULY -
AUGUST WICU (July 14) - - - - 14SEE (August 21)
1975

Election.of steering
AUGUST committee chairman
26
1975

CZM background information
SEPTEMBER Public opinion survey.
16 Bluff recession and shore-
1975 line erosion presentation,

Erie Coastal Resource
OCTOBER Analysis distributed.
21 Public Opinion Survey.
1975 Discussions on various
coastal zone topics.

Draft copy of Pennsylvania
OCTOBER goals and objectives
22 distributed. Bluff
1975 recession and shoreline
erosion presentation.
Public opinion survey.

II-C-77

EAST STUDY AREA CENTRAL STU DY 'AREA' WEST STUDY AREA
DATE STEERING COMMITTEE STEERING COMMITTE .E STEERING COMMITTEE..
Presentation by Pennsyl-
vania Fish Commission and
NOVEMBER discussion on "Salmon in
17 Lake Erie." Public
1975 opinion survey.

"PUBLIC PARTICIPATION"
NOVEMBER
1975 INTERIM REPORT -- ERIE COUNTY

PENNSYLVANIA COASTAL ZONE MANAGEMENT BROCHURE

JANUARY PUBLIC VALUES AND PREFERENCES STUDY
1975 F)R

THE LAKE ERIE COASTAL ZONE

MANAGF1.1ENr PROGRAM

Discussions on legal
FEBRUARY problems in the coastal
10 zone. Goals and
objectives approved.
1976

Discussions on legal
FEBRUARY problems in the coastal
18 zone. Goals and objec-
1976 tives approved.

APRIL Discussions on statewide
and specific local goals.
14 Discussions on GAPC's
1976 and tentative CZM
boundary.

II-C-78

DATE EAST STUDY AREA CENTRAL STUDY AREA WEST STUDY AREA
STEERING COMMITTEE STEERING COMMITTEE STEERING C-0-MMITTEE.

Discussions on statewide
APRIL and specific local goals.
20 Discussion on GAPC's and
1", tentative CZM boundary.

Discussion on statewide
APRIL and specific local goals.
21 Discussion on the GAPC's
1976 and tentative CZ11 bound-
ary.

Final CZM boundary
JUNE approved. Discussions
15 on GAPC's. Presentation
1976 on Great Lakes' Lake
levels.

Final CZM boundary
JUNE approved. Discussion on
16 GAPC's. Presentation on
1976 Great Lakes' Lake levels.

JUNE Final CZM boundary approved
17 Presentation on Great
1976 Lakes' Lake levels.

SEPTEMBER Joint leeting with Municipal Offi2ials
17,21,29 DISCUSSIONE ON FEDERAL LEGISLATION AND FUNDING
1976

II-C-79

EAST STUDY AREA CENTRAL STUDY AREA WEST STUDYAREA
DATE
STEERING COMMITTEE. STEERING COMMITTEE STEERING COMMITTEE

Fairview Township
OCTOBER Municipal officials
21 meeting.
1976

Northeast Township Springfield Township
NOVEMBER supervisors meeting (11/8) supervisors meeting (11/1)
1976 Harborcreek Twp. super- Girard Township super-
visors meeting (11/10) visors meeting (11/9)

NOVEMBER COMPLETION OF FILM ON THE LAKE ERIE
15 COASTAL ZONE (ECDP)
1976

CITIZENS CONCERNED WITH COASTAL ZONE
MARCH
8 MANAGEMENT IN ERIE COUNTY
1977

(informal neeting)

Discussi on on legisla-
MARCH tive alternatives.
14
1977

Discussion on legislative
MARCH alternatives.
16
1977

ii-C-80

DATE EAST STUDY AREA CENTRAL STUDY AREA WEST STUDY AREA
STEERING COMMITTEE STEERING COMMITTEE STEERING COMMITTEE

Discussion on legislative
MARCH alternatives.
21
1977

SEPTEMBER CZM boat trip sponsored by the League of Women Voters for local
8 coastal officials.
1977 Inspection of bluff erosion zones east of Erie City and problem
areas in Erie harboi.

CZM informational presentation for local land use conference at
JANUARY Mercyhurst College in Erie City.
12
1978

Meeting between the repartment, ECMPC and DVRPC in Erie City to
JULY discuss a strategy, make assignments and estatlish a schedule
24 for the development of a revised policy framework.
1978

APRIL Series of Lake Erie lechnical Coordinating Coninittee meetings
11 - 11 to discuss and determine courses of action relative to developing
MAY a CZM work programfor Erie County.
6
JUNE
5
1979

Outline of changes to
JULY policy framework and scope
9 of work for 4th grant
1979 period. Presentation
of benefits package.

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DATE EAST STUDY AREA CENTRAL STUDY AREA WEST STUDY AREA
STEERING COMMITTEE STEERING COMMITTEE -STEERING COMMITTEE.
Outline of changes to
JULY policy framework and
10 scope of work for 4th
1979 grant period. Presenta-
tion of benefits package.

Outline o f changes to
JULY policy framework and
11 scope of work for 4th
1979 grant period. Presenta-
tion of benefits package.

Meeting of Lake Erie Technical Coordinating C3mmittee to
AUGUST discuss and guide public participation and elucation
activities and establish guidelines for ener7y facilities
23 planning process.
1979

DER Secretary JoneE participated in an Erie c3astal visitation,
SEPTEMBER including a coastel tour, TV and newspaper iaterviews, and
6 meetings with the Chamber of Commerce, Manufacturers
1979 Association of Erie, Erie Task Force and ConEerence, and the
Erie County Legislative delegation.

Meeting of Lake Erie Technical Coordinating C)mmittee to review
SEPTEMBER proposed bluff setback legislation and devel)p agenda for
11 upcoming round of steering committee meeting3.
1979

SEPTEMBER Discussion of bluff reces-
19 sion and setback legisla--
1979 tion and local require-
ments with municipal
officials.
Slide presentation of
Policy Framework.

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DATE EAST STUDY AREA CENTRAL STUDY AREA WEST STUDY " ARE'A
STEERING COMMITTEE STEERING COMMITTEE STEERING COMMITTEE..

Discussion of bluff reces-
SEPTEMBER sion and setback legisla-
20 tion and local require-
1979 ments with municipal
officials.
Slide presentation of
policy framework.

Discussion of bluff reces-
OCTOBER sion and setback legisla-
15 tion and local require-
1979 ments with municipal
officials.
Slide presentation of
policy framework.

NOVEMBER Meeting of Lake Erie Technical Coordinating Committee to
27 discuss and guide public participation and ed-ication
1979 activities and establish assignments and schelu@es for
providing input into the draft "306" program locument.

FEBRUARY Discussion of future role
26 of steering committee and
1980 Section 306 approval
schedule. Review t'306"
program document.

Discussion of future role
FEBRUARY of steering committee and
27 Section 306 approval
1980 schedule. Review '130611
program document.

Discussion of future role
FEBRUARY of steering committee and
28 Section 306 approval
1980 schedule. Review 11306"
program document.

II-C-83

DATE EAST STUDY AREA CENTRAL STUDY AREA WEST STUDY AREA
STEERING COMMITTEE STEERING COMMITTEE STEERING COMMITTEE

APRIL Public Worksho? in Erie City to review and
19 discuss the various methods for mitigatiT,g
1980 bluff and shoraline erosion along Lake Eiie

Citizens meeting to review
MAY activities and changes in
13 the CZM Program, and dis-
1980 cuss policies, benefits and
citizen entry points to
the program.

Citizens meeting to
MAY review activities and
14 changes in the CZM
1980 Program, and discuss
policies, benefits and
citizen entry points to
the program.

Citizens meeting to
MAY review activities and
15 changes in the CZM
1980 Program, and discuss
policies, benefits and
citizen entry points to
the program.

II-C-84

Appendix D,

Technical Support Information
P.O.. 0@- 4@

INTRODUCTION

The coastal zone is a complex system made up of many smaller
processes functioning as a unit. in order to understand the
coastal zone, it is necessary to break the large unit into
smaller, more easily studied systems. As the preliminary step in
developing the Coastal Zone Management Program, extensive
technical baseline studies were conducted by the program staff
and consultants. These studies involved the physical as'well as
the socioeconomic characteristics of both Pennsylvania coastal
zones. The baseline studies enabled the coastal zone staff to
thoroughly understand the complex system and from there, to make
perceptive decisions and recommendations on the wise use of our
coastal zone and its resources.

This appendix is a compilation and synopsis of the basic
technical support studies and material that were utilized in the
development of this document. Most of the information is listed
by functional areas, except for maps, the Draft Pennsylvania
Coastal Zone Management Program, and the Coastal Zone Management
Program Technical Record. The Technical Record is given special
attention because it incorporates the findings of many of the
studies and material listed in this appendix, and,served as the
basis for much of the Draft Pennsylvania coastal Zone Management
Program Document and the Draft Environmental Impact Statement.

The following support documents are available on a limited basis,
to those interested, from the offices of the Delaware Valley
Regional Planning Commission (Philadelphia# Pennsylvania), Erie
County Department of Planning (Erie, Pennsylvania), and the
Department of Environmental Resources, Coastal Zone Management
Branch (Harrisburg, Pennsylvania).

DRAFT PENNSYLVANIA COASTAL
ZONE MANAGEMENT PROGRAM

This document which is a draft of the proposed Pennsylvania
Coastal Zone Management Program was prepared by the coastal Zone
management Branch, office of Resources Management, Department of
Environmental Resources in February 1980. The Coastal Zone
Management Program represents a plan for managing important land
and water resources in the Commonwealth's coastal areas located
along Lake Erie and along the tidal reach of the Delaware River.
In accordance with the prescribed Federal review and approval
requirements, this draft document was submitted to the National
oceanic and Atmospheric Administration to determine if basic
program requirements had been fulfilled and if Pennsylvania was
eligible for Section 306 program approval. Based upon the
findings of this review, together with comments of affected
Federal, State, and local agencies, the Draft Pennsylvania

II-D-1

Coastal Zone Management Program Document was molded into a
required Draft Environmental Impact Statement.

TECHNICAL RECORD

This document which represents four years of cooperative effort
by the Department of Environmental Resources, the Delaware Valley
Regional Planning Commission, and the Erie County Department of
Planning, was completed in December, 1978. The document is a
comprehensive and detailed statement of land and water use
inventories, technical findings and recommendations, policies,
and standards regarding the protection and development of coastal
resources in the Commonwealth of Pennsylvania. It consists of
506 pages and 63 maps and has been designed to fulfill the need
for a well organized, readily usable source of coastal
information, as well as to present the technical elements and
details of the proposed Coastal Zone Management Program.

SUPPORT DOCUMENtS BY PUNCTIONAL AREA

Uses Su biect to Management

Atlas Descriptions for the Delaware Estuary:
Delaware Valley Regional Planning Commission
August 1975 - 37 Pages
This is a summary of the description, significance and source for
each of the maps developed in the inventory phase of the Coastal
Zone Management Program. These maps include environmental,
ecological, demographic, and economic parameters within the
Delaware Estuary. There are 35 maps described, and they are
prepared at a scale of 111 = 20001.@

Socio-economic Data for Coastal Zone Planning in the Delaware
River Estuary:
Delaware Valley Regional Planning Commission
August 1975 - 27 Pages
This report summarizes various demographic and socioeconomic
characteristics within the coastal zone. The parameters studied
include total population, black population, employment, median
income, families with poverty level income, and housing tenure.
This baseline study is useful in describing the residents and
background characteristics of the Delaware River Estuary.

Problems and Issues within and Affecting the Delaware Estuary
Coastal Zone:
Delaware Valley Regional Planning Commission
September 1975 - 58 Pages
This paper discusses the problems which face coastal zone
management. It represents the first element in the development

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of a policy framework by identifying problems and initiating
agency involvement in the Coastal Zone Management Program.

Pennsylvania Coastal Zone Resources Analysis for Lake Erie:
Erie County Department of Planning
September 1975 - 340 Pages
The purpose of this analysis is to determine the condition of the
physical, social, and economic resources as they presently exist
and to project their cumulative 'effect by the year 2000 in the
Lake Erie coastal zone. These effects will be used to determine
which uses will exert a direct and significant impact on the
coastal waters of Lake Erie. Also included in this report is a
general description of the Lake Erie coastal zone environment,
and a summary of the issues and problems confronting the coastal
zone.

Transportation Systems in the Delaware Estuary Coastal Zone:
Delaware Valley Regional Planning Commission
October 1975 - 35 Pages
This paper studies transportation systems which help to shape the
patterns of urban life and the spatial structure of a community.
The study considers the general problems of transportation
systems and includes a cursory examination of highways, public
transportation, highway network, freight rail facilities, airport
facilities, and port facilities.

Desired Coastal water Characteristics as Proposed for the Erie
County Coastal Zone Management Program:
Erie County Department of Planning
October 1975 - 2 Pages
This cursory paper discusses those water quality characteristics
of the Lake Erie coastal waters and the minimum water quality
criteria which should be met.

Working Paper on Alternatives for Economic Analysis:
Delaware Valley Regional Planning Commission
December 1975 - 6 Pages
This paper discusses two general methodologies to analyze direct
and indirect economic impacts. The first analytical method
involves the matrix or checklist approach. The second method
requires mathematical modeling or simulation.

Lake Erie offshore Ecological investigation:
Marine Science Consortium
June 1976 - 488 Pages
This investigation represents a baseline study of offshore and
nearshore areas. Included in this study are the analysis of
nearshore sediment transport processes and the analysis of the
environmental implications of offshore gas drilling. The report
also examines existing water quality conditions and any trends
which might have a direct and significant impact on aquatic
organisms found in Lake Erie. The study also identifies areas
where water quality is severely affected by onshore land use
activities and the factors which cause the adverse conditions.

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Coastal Recreational Analysis:
Department of Environmental Resources, Coastal Zone Management
Branch (Delaware Estuary and Lake Erie coastal zones)
October 1976 - 30 Pages
This analysis includes an examination of the coastal zone
recreation issues, an analysis of regional data to formulate
trends in coastal recreation. The paper also identifies the
coastal recreation resources and the selection of sites to meet
future recreational demands.

Capability and Suitability of Lake Erie Coastal Zone to Meet
State Needs:
Erie County Department of Planning
October 1976 - 7 Pages
This report addresses each general category of State needs and
determines whether or not the Lake Erie coast is capable and
suitable for meeting the needs.

Analysis of State Needs Which Will be Most Effectively Met
Through Coastal Land and Water Uses:
Erie County Department of Planning
October 1976 - 3 Pages
This brief working paper analyzes the Pennsylvania needs which
can best be met through coastal land and water uses in the Lake
Erie coastal zone.

Outer Continental Shelf impact study - Supplement to
Pennsylvania's Coastal Zone Management Plan:
Governor's Energy Council
November 1977 - 165 Pages
This study presents an assessment of the economic, social,
political and. environmental impacts which may result in
Pennsylvania's Delaware Estuary coastal zone because of drilling
for oil and natural gas in the OCS of the Middle Atlantic.

Special Management Areas

Shoreline Erosion and Flooding:
Great Lakes Research institute
June 1975 - 160 Pages
This study identifies and classifies erosion and bluff recession
hazard areas along approximately 51 miles of Erie County
lakeshore and 12 miles of bayshore. The rates of bluff recession
have increased significantly along with the shoreline erosion
rate in recent years. The higher than normal lake levels have
been the major cause of these severe problems. There are 109
sites classified as either critical (44), moderate (51), or
limited (10) hazard areas.

Geographic Areas of Particular Concern - Areas of Significant
Natural Value Within the Pennsylvania Coastal Zone of Lake Erie:
Edinboro Foundation
February 1976 - 200 Pages

II-D-4

This report considers 20 major sites of natural significance.
Streams, wetlands, forests, beaches and steep slopes are used as
the parameters. A comparative secondary analysis is made of each
selected site to determine uniqueness. A matrix type evaluation
is used to evaluate the impact of natural processes. Each of the
20 areas is then designated as either a preservation area, a
conservation area or a recreation area with recommendations on
the maintenance of these areas included in the report.

Geographic Areas of Particular Concern (GAPC) in the Delaware
Estuary Coastal Zone:
Delaware Valley Regional Planning Commission
April 1976 - 52 Pages
This paper identifies those critical areas where some form of
State interest is required in order to deal with land use issues
of greater than local concern. Four types of GAPC are identified
for the Delaware Estuary: "areas of significant natural value",,
"development opportunity areas". $'areas of significant
recreational, historic, or cultural value" and "overlap areas".

Geographic Areas of Particular Concern (GAPC) in the Lake Erie
Coastal Zone:
Erie County Department of Planning
April 1976 - 5 Pages and 5 Pages on revision
This paper identifies those critical areas where some form of
State interest is required in order to deal with issues of
greater than local concern. Three types of GAPC have been
identified. The first are "areas of economic opportunity", the
second are "areas of significant natural value" and the third is
"areas of significant recreational, historic or cultural value".

Procedure Used to Define Permissible Uses:
Erie County Department of Planning
July 1976 - 11 Pages
This report determines which land, uses are appropriate for
different areas of the Lake Erie coastal zone. The
permissibility is based on the ability of coastal resources to
support a land use and to absorb the imapcts resulting from that
land use. A three tier approach was used to determine
permissible uses.

Determining Permissible Uses in the Coastal Zone of the Delaware
Estuary:
Delaware Valley Regional Planning commission
November 1976 - 13 Pages
The objective of this report is to determine those land uses
which are appropriate for different areas of the coastal zone.
The permissibility of uses is based on the ability of coastal
resources to support land use. Three major steps are used to
determine permissible uses. The first is an inventory, the
second is impact analysis, and the third is the actual
determination of permissibility.

II-D-5

Four Environmentally Significant Areas:
Delaware Valley Regional Planning Commission
November 1976 - 58 Pages
The purpose of this study is to determine the significance of
four environmentally sensitive areas by studying the
relationships of the living organisms and their physical
environment. The four areas which were determined to be of
significant natural value during the initial study include:
Tinicum Marsh, Little Tinicum Island, Warner Lakes, and Biles
Island.

Boundaries

Discussion of lechniques for Determining the Initial Inland
Boundary of the Coastal Zone Study Area:
Delaware Valley Regional Planning Commission
January 1975 - 2 Pages
This is a brief paper describing the pros and cons of six
techniques for determining the initial inland boundary.

Working Paper on the Definition of Direct and Significant Impact:
Delaware Valley Regional Planning Commission
May 1975 - 9 Pages
This paper discusses the legislative requirements and problems
associated with defining direct and significant. Four
alternative methods are discussed and recommendations are
included.

Direct and significant Impact of Land Use on Coastal Water:
Delaware Valley Regional Planning Commission
August 1975 - 18 Pages
The basic purpose of this early paper was to suggest a list of
resources and goals with which the Coastal Zone Management
Program is concerned. Included in this paper is a matrix to
display affect, along with additional comments on impacts.

Proposed Definitions of Direct and Significant Impact for the
Erie County Coastal Zone Management Program:
Erie County Department of Planning
October 1975 - 5 Pages
This paper discusses the working definitions of impact, direct
impact and significant impact as applied to coastal zone
permissible uses. This was then used to establish a list of
resources and goals with which the Coastal Zone Management
Program concerns itself.

Desired Categories of Significant Impact (Beneficial Impacts):
Erie County Department of Planning
October 1975 - 1 Page
This brief working paper establishes those significant impacts
which are to be considered beneficial in seven coastal problem
areas.

II-D-6

A Brief Impact Assessment Methodology for the Lake Erie Coastal
Zone of Pennsylvania:
Erie County Department of Planning
May 1976 - 1 Page
This very brief paper discusses the methodology for assessment of
impacts in the coastal ione. The impacts were assessed to
determine priorities of uses and whether those uses exert a
direct and significant impact on coastal waters.

Authorities and organization

Preliminary Statement of Planning Goals and objectives for the
Delaware Estuary:
Delaware Valley Regional Planning Commission
June 1975 - 9 Pages
This paper is a preliminary set -of seven goals with objectives.
These goals and objectives were drafted in'response to problems
identified in the Delaware Estuary study area.

Goals and objectives of the Pennsylvania Coastal Zone Management
Program:
Department of Environmental Resources, Coastal Zone Management
Branch
February 1976 - 5 Pages

Legal Analysis of Existing State and Local Authorities:
Department of Environmental Resources, office of Chief Counsel
September 1976 - 53 Pages
This report identifies and analyzes the current legal constraints
and prohibitions in determining the sufficiency of current State
and local authorities for implementing a management program. The
paper also takes the initial steps in the development of legal
techniques, implementation authorities, and administrative
procedures needed for program implementation. An investigation
of the need for new State legislation is also discussed.

outline of Potential Coastal Zone Management Legislation:
Department of Environmental Resources, office of Chief Counsel
June 1977 - 12 Pages
This is an initial working paper of generalized legislative
outlines that present possible implementation alternatives. The
three major legislative alternatives investigated include direct
State planning and regulation of GAPC and projects of greater
than local concern; State legislation with State guidelines and
local enforcement: and networking of current stazutes with some
type of legislation to allow State intervention in and override
of local decisions.

Coastal Zone Policy Framework:
Department of Environmental Resources, Coastal Zone Management
Branch:
October 1978 - 39 Pages

II-D-7

This document establishes overall State coastal policies that
will be used to guide the development of updated shoreline
management tools by local coastal communities and affected State
agencies. These refined and more specific policies both indicate
a narrower program focus and present a realistically achievable
Coastal Zone Management Program for Pennsylvania.

A Strategy and Organizational Structure for Implementation:
Department of Environmental Resources, Coastal Zone Management
Branch
May 1979 - 9 Pages
This paper outlines a new implementation strategy which relies on
a combination of two techniques specified in the Coastal Zone
Management Act of 1972, including direct state planning and
regulation and state establishment of criteria and standards for
local implementation. The new strategy relies heavily on a
"network" of existing and currently pending state authorities.

Coastal Zone Management Policy Framework and Authority Summary:
Department of Environmental Resources, Coastal Zone Management
Branch
June 1979 - 32 Pages
This paper summarizes Pennsylvania's specific coastal policies
and identifies relevant constitutional provisions, statutes,
regulations, case law and such other legal instruments (including
Executive order and Interagency Memoranda of Understanding) that
will be used to carry out the management program.

Legal Analysis-Existing and Proposed Authorities:
Department of Environmental Resources, office of Chief counsel
June 1979 - 79 Pages
This paper pi@esents an updated legal analysis of existing
authorities relative to their adequacy to implement the policies
and organizational structure of the management program, including
the identification of legal gaps that must be filled to implement
the management program.

Coordination, Public Involvement and National Interest

Discussions on Membership and Role of the Delaware Estuary
Coastal Zone Steering committee:
Delaware valley Regional Planning Commission
January 1975 - 3 Pages
This paper discusses the make-up and responsibilities of the
steering committee in light of Federal requirements. Also
included are recommendations for voting and nonvoting members.
This paper was followed by a compromise paper in February.

Working Paper on Citizen Participation in the Delaware Estuary:
Delaware valley Regional Planning Commission
February 1975 - 5 Pages

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This paper discusses reasons for and problems involving citizen
participation mechanisms. This paper also includes an analysis
of alternative approaches and recommendations.

Role of the Coastal Zone Management Subcommittee:
Department of Environmental Resources, Coastal Zone Management
Branch
April 1975 - 4 Pages
This paper describes the responsibilities of the state agencies
as applied to the Coastal Zone Management Subcommittee. Each of
the cooperating State agencies is listed with its coastal tone
program responsibilities.

Interrelationships between the Coastal Zone Management Program
and other Planning Efforts Impacting the Coastal Zone:
Delaware Valley Regional Planning Commission
September 1975 - 27 Pages
This report summarizes fourteen key planning efforts in the
Delaware Estuary coastal zone by various State, Federal,
interstate and regional agencies. The summary of each plan
includes the title, the purpose, the source of funding and the
role of Delaware Valley Regional Planning Commission in the
program.. Also included is a discussion of the relationship to
the Coastal Zone Management Program and conflicts. which might
arise.

Interrealtionships Between the Coastal Zone Management Program
and other Planning Efforts Impacting the Coastal Zone:
Erie County Department of Planning
September 1975 - 22 Pages
This report summarizes all of the planning efforts in the Lake
Erie coastal zone by various agencies. The summary of each plan
includes the title, the purpose and a description of the funding.
The paper also describes the role of Erie County Department of
Planning within the program, the relationship of the program to
the coastal zone study and any conflicts which might occur.

Public Values and Preferences Survey for the Erie County Coastal
Zone Management Program:
Erie County Department of Planning
October 1975 - 22 Pages
This is a compilation of the results from the public survey
questionnaire. The questionnaire was used to gather citizens
input from Erie County. The values and preferences are important
to formulate an acceptable Coastal Zone Management Program.

Public Participation Interim Report (Erie County):
Erie County Department of Planning
November 1975 - 45 Pages
This report describes the public participation processes in the
Lake Erie coastal zone. The description of the committees, their
functions, and their memberships are included in this report.

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Pennsylvania Coastal Zone Management Program:
Department of Environmental Resources, Coastal Zone Management
Branch
November 1975
The purpose of this brochure was to increase public awareness of
the program so as to increase and improve participation in the
coastal zone program.

"Lake Erie Coastal Zone Management Program":
Erie County Department of Planning
November 1977
This film documents the attributes and problems of the Lake Erie
coastal zone and the reasons and benefits of Pennsylvania's
Coastal Zone Maaagement Program.

Pennsylvania's Coastal Zone Management Program:
League of Women Voters
November 1979
This informational flyer addresses the structure and benefits of
Pennsylvania's Coastal Zone Management Program in an attractive
and easily understandable manner. Five thousand copies were
printed for widespread public'distribution in both coastal zones.

Future Role of the Coastal Zone Management Subcommittee:
Department of Environmental Resources, Coastal Zone Management
Branch
December 1979 - 4 Pages
This discussion paper outlines the role of the State level
Coastal Zone Management Subcommittee under the implementation, or
Section 306, phase of the management program.

"Tidings":
Delaware Valle@ Regional Planning Commission
Volume One: #1 (1/76), #2 (3/76), #3 (6/76)
Volume Two: #1 (4/77)
This newsletter passed Coastal Zone Management information to the
residents of the Delaware Estuary coastal zone.

"Coastal Tidings":
Department of Environmental Resources, Coastal Zone Management
Branch
Volume One: #1 (9/79), #2 (11/79)
Volume Two: #1 (1/80), #2 (3/80)
This newsletter serves as a key mechanism for keeping
governmental agencies, special interest groups, and concerned
citizens informed of all pertinent aspects of the Pennsylvania
Coastal Zone Management Program.

"News":
Erie County Department of Planning
This newsletter, published quarterly, is financed by HUD and
passes important coastal zone management information to its
readers.

II-D-10

Miscellaneous

Development Program Design for Coastal Zone Management:
Department of Environmental Resources, Coastal Zone Management
Branch
November 1974 - 14 Pages
This early working paper set up the three phase program design.
The first phase is policy development and problem identification,
the second phase is the technical plan and management program,
and the third phase is the program resolution and adoption. The
paper describes the purpose of each phase and its scope.

Coastal Zone Management Program General Project Overview:
Department of Environmental Resources, Coastal Zone Management
Branch
November 1974 - 10 Pages
This paper briefly describes.the necessity and purposes of the
program, the goals and objectives, and the resources inventory,
the boundaries, the permissible uses, the standards and
implementation possibilities. Also included is a flow chart of
the Coastal Zone Management Act of 1972.

Principles for Guidance of Pennsylvanials Coastal Zone Management
Program:
Department of Environmental Resources, Coastal Zone Management
Branch
January 1975 - 2 Pages
This is a brief paper listing those principles which give overall
direction to the program. All subsequent actions are evaluated
.for consistency with these three.principles.

Three Year Planning Process for the Pennsylvania Coastal Zone
Management Program:
Department of Environmental Resources, Coastal Zone Management
Branch
March 1975 - 9 Pages
This paper is the three year program development outline. It
identifies major work tasks with the needed completion time. The
chart uses the "critical path" format.

Coastal Zone Management Program - Executive summary:
Department of Environmental R esources, C oastal Zone Management
Branch
September 1979 - 24 Pages
This summary,# which is a condensed version of the comprehensive
draft Technical Record, is designed to facilitate public
understanding of the Coastal Zone Management Program. It is more
current and supercedes the Draft Technical Record in those areas
which the two are in conflict, until such time as the Technical
Record is updated and finalized.

II-D-11

This section contains a list and description of the Delaware
River Estuary Inventory Maps. The maps are hand colored mylar
(nonreproducible) and are prepared at a scale of 111 20U01
(1:24000).

II-D-12

TITLE SOURCE MAP DESCRIPTION

Pa. Fish Commission Indication of areas that are suitable for wildlife habitats. Six
WILDLIFE Birds of Delaware Valley classes are used; wildlife sanctuaries, areas of known concentration,
HABITATS Guide to Bird Finding warm water fishing, undeveloped areas, permanent open space areas and
DVRPC Natural Inventory general habitat areas.

Philadelphia Water Department @This map shows the mean average summer chloride concentration for
CHLORIDE Sample Records 1972 1972 (June through August). This study was done during the low flow
CONCENTRATION because the chloride concentrations are the highest..

DISSOLVED Philadelphia Water Department This shows the mean dissolved oxygen concentrations of weekly daytime
OXYGEN Sample Records 1972 samples for June through August, 1972.

USGS 7.5' Quadrangles. DER Water Identification of different types of water areas. Various areas
WATER Resource Bulletin. Dams, include tidal, intertidal or tidal flat and tributaries to the Delaware
TYPES Reservoirs and Natural Lakes - River which are under tidal influence. !Also identified are reservoirs
USACOE Flood Reports and other man-made impoundments.

DREDGE Delaware River Dredging Location of areas used for the disposal of spoil material dredged
DISPOSAL U. S. Army COE from the navigable stretches of the Delaware.
AREAS

MUNICIPAL AND Delaware River Basin Commission This map shows the maximum allowable amount of biochemical oxygen
INDUSTRIAL Reports demand (BOD) that may be discharged by each discharger. This amount
DISCHARGERS: has been determined by the DRBC.
DRBC BOD
ALLOCATIONS
Delaware River Estuary Marsh Display of areas with emergent vegetation along the Delaware River
WETLANDS Survey and its tributaries.' Communities differ in their composition of
Philadelphia Academy of Natural vegetative species and these various communities have been mapped.
Sciences (1975)

II-D-13

TITLE SOURCE MAP DESCRIPTION

@Bucks_ Co,., jn@,erim Soil- Survey By applying-the universal soil loss equation to those nonurban soil
SOIIL@ Report (11-970. Soll Survey of @areas, erosion hazard potential is determined and displayed on this
EROSION Chester &,Delaware Counties, map.- The areas shown were undeveloped at the time of the field survey.
HAZARD' (@1959). SCS,. USDA.. Land Treat-
ment Alternatives Technica--l
Guide, Penna. 7/71
PRIME Soil Surveys of Bucks (1970 Land is classified by the Soil Conservation Serviceaccording to its
AGRICULTURAL. Interim), Chester- (1959)- and capability to support agricultural activity. There are eight agri-
LAND Delaware (1959) Counties. cultural capability land classes. Land in classes I and II is con-
SCS, USDA sidered prime agricultural land.

Soil Survey of Bucks (1970 The capacity of soils to accept effluent from home septic systems
Interim Report). Chester (1959) is restricted by various factors. Soil is classified in five degrees
and Delaware (1959) Counties. of suitability; severe, slight, moderate, variable, sewered (usually
SCS, USDA- urban).

Bucks County,. Pennsylvania. Indicates where failure of onlot septic systems have occurred.
SEWAGE DISPOSAL Sewerage.Facilities Plan 6/70 Approximately 20% or more of the septic systems in these areas are
PROBLEM AREAS malfunctioning.

COWAMP This map-shows the zones which recharge is critical to supply the
CRITICAL Resources Inventory large amounts of groundwater demanded by residential, commercial
GROUNDWATER COWAMP Chapter IV and industrial users.
RECHARGE AREAS Preliminary Draft

AREAS OF COWAMP Displays areas w@ich the users of groundwater may be extracting the
GROUNDWATER Resources Inventory groundwater at a rate in excess of that which is being replaced by
OVERPUMPING COWAMP Chapter IV the aquifer.
Preliminary Draft

DVRPC This map shows the areas vegetated with several kinds of forest cover.
WOODED Interpretation of High Altitude Coniferous, deciduous, combined, recent forest growth (secondary
AREAS Aerial Photography successional), and.orchards and indicated.

II -D- 14
sit am we go, so

TITLE SOURCE MAP DESCRIPTION

DVRPC 1970 This map depicts 13 categories of land use within the coastal Zone:
I STING Land Use File 1) Residential single farmily detached, 2) Residential multiple units,
LAND 3) Manufacturing, 4) Transportation, 5) Communication, 6) Commercial,
USE 7) Community service, 8) Military, 9) Recreational and cultural,
10) Agricultural, 11) Mining, 12) Forests and undeveloped, 13) Water areas

Land Use Plans of Local A composite of recent land use plans for each municipality. The
PROPOSED LAND Municipalities categories have been organized into ten uniform classes. Five show
USE CATEGORIES various densities of residential development. The others are
commercial, industrial, institutional, open space, transportation
and utility
DVRPC Inventory of Historic Location of over 300 sites of historical and cultural interest.
HISTORICAL Sites 1969. Updated by Pa. Shows historic districts comprised of concentrated multiple sites in
SITES Historical & Museum Commission a compact area.
1975

U. S..Bureau of the Census 1970 The 1970 Census tracts and boundaries and identifying numbers
for the Delaware Estuary coastal zone.
CENSUS
TRACTS

Zoning Ordinances of Munici-- Compilation of the most recent zoning maps of municipalities using
GENERALIZED palities a uniform set of categories. Shows eight classes of density related
ZONING residential activity, as well as commercial, industrial, institutional
and open space.

DVRPC Employment File 1970 This map shows the number of people employed in each cnesus tract.
There are five general categories: 1) Agriculture & Mining, 2) Con-
EMPLOYMENT struction & Manufacturing, 3) Transportation & Communication, 4)
Wholesale & Retail, 5) Finance, Government & Military.

U. S. Bureau of Census Tracts The total population of each census tract is given on this map.

TOTAL
POPULATION

II@-D- 15

TITLE SOURCE MAP DESCRIPTION

SPAVISH U. S. Bureau of Census 1970 Shows the percentaga of the total population that is Spanish
SPEAKING speaking as one of five categories: 1) less than .5%, 2) .5-.9%,
POPULATION 3) 1-4.9%, 4) 5-14.9%, 5) more than 15.0%.

U. S. Bureau of Census 1970 Illustrates the percentage of persons 65 years and older in the
PERSONS 65 YEARS total population as one of five categories: 1) less than 5.0%,
AND OLDER 2) 5-9.9%, 3) 10-14.9%, 4) 15-19.9%, 5) more than 20%.

U. S. Bureau of Census 1970 This map shows the percentage of families in the total population
FAMILIES WITH that are headed by females as a percentage category. 1) less than
FEMALE HEADS 2.5%, 2) 2.5-4.9%, 3) 5-9.9%, 4) 10-29.9%, 5) more than 30%

U. S. Bureau of Census 1970 The average number of school years completed by adults in each
MEDIAN SCHOOL census tract as one of the following five categories: 1) less
YEARS COMPLETED than 8 years, 2) 8-�.9 years, 3) 10.0-11.9 years, 4) 12.0-13.9
years, 5) 2-14 years.

U. S. Bureau of Census 1970 The median income of families within each census tract is shown as
MEDIAN INCOME one of the following five categories: 1) less than $7,000, 2)
$7,000-9,499, 3) $9,500-11,999, 4) $12,000-13,999, 5) more than
$14,000.

U. S. Bureau of Census 1970 The percentag6 of families with income below the poverty level
FAMILIES WITH ($3,743 for a family of four in 1969). 1) less than 3.0%,
INCOME BELOW 2) 3.0-7.9%, 3) 8.0-15.9%, 4) 16.0-24.9%, 5) more than 25%.
POVERTY LEVEL

DRBC This map shows electrical power generating stations that are
MAJOR POWER Master Siting Study 12/71 presently located along the Delaware River. Plants which are
GENERATING planning expansions are shown. No new facilities are (shown)
FACILITIES being planned.

aft at aa N* I". *ft' so,
i

TITLE SOURCE MAP DESCRIPTION

U.S. Bureau of Census 1970 The percentage of all structures built before 1939 is shown in one of
STRUCTURES BUILT five categories for each census tract: 1) less than 10%, 2) 10-29.9%,
PRIOR TO 1939 3) 30-59.9%, 4) 60-89.9%, 5) more than 90%.

U.S. Bureau of Census 1970 The median rent paid by tenants in each tract is shown in one of five
MEDIAN CONTRACT categories: 1) less than $60, 2) $60-79, 3) $80-109, 4) $110-139,
RENT MONTHLY 5) more than $140.

U.S. Bureau of Census 1970 The percentage of the population living in group quarters for each
PERSONS IN census tract is shown in one of five categories: 1) less than 0.5%,
GROUP QUARTERS 2) .5-.9%, 3) 1.0-9.9%, 4) 10-39.9%, 5) more than 40%.

U.S.-Bureau of Census 1970 This map shows the percentage of the total population that is Black.
BLACK There are five categories: 1) less than 3.0%, 2) 3-14%, 3) 15-39%,
POPULATION 4) 40-74%, 5) more than 74%.

U.S. Bureau of Census 1970 Shows the total number of owner and renter occupied housing units for
TENURE each census tract.
(OWNER, RENTER)

MEDIAN VALUE U.S. Bureau of Census 1970 The median value of owner occupied housing units is shown as one of
OF five categories: 1) less than $7,000, 2) $7,000-9,999, 3) $10,000-
OWNER-OCCUPIED 14,999, 4) $15,000-19,999, 5) more than 20,000.
HOUSING

USGS 7.5' Quadrangle Any currently operating sand and gravel pits located in the coastal
EXTRACTIVE DVRPC Aerial Photo zone are shown on this map.
RESOURCES

II-D-17

ism

This section contains a list and description of the Lake Erie
Coastal Zone Inventory Maps. The scale of these maps is
generally 111 1 mile but the scale may vary from map to map.

II-D-18

woos*

TITLE SOURCE MAP DESCRIPTION,

USGS 7.5' Quadrangle. (Base) These maps show the location of private, municipal, industrial and
WASTEWATER Dept. of Env. Resources, Bureau electrical generating wastewater disposal sites.
DISPOSAL WQM, COWAMP, Erie County Health
Dept.
3 STUDY AREAS

U.S. Weather Service these charts and maps show the various meteorological aspects of the
CLIMATE FEATURES Erie coastal zone. Characteristics shown include; Average depth of
ERIE COUNTY snow, avg. air temperature, precipitation (maximum, ave., minimum), and
wind direction and velocity.

USGS 7.5' Quadrangle. (Base) and These maps show the extraction resources in the Erie coastal zone.
MINERAL information These include active and closed gas wells, gravel pits and salt brine
EXTRACTION Pa. DER - Bureau of Geology wells.

3 STUDY AREAS

LAND AND WATER U.S.Army Corps of Engineers, This map shows the land and water forms which exist on the Presque
FORMS ON THE Buffalo District Isle peninsula. The forms are of two general kinds; dunes or bays
PRESQUE ISLE and ponds.
PENINSULA

Michael Baker Jr., Inc. This cross sectional diagram show the land formations which occur
SUCCESSION on Presque Isle as well as their accompanying vegetation.
STAGES ON
PRESQUE ISLE

Presque Isle State Park Master This map illustrates the everchanging shore line of the Presque Isle
PRESQUE ISLE Plan Peninsula from 1819 through 1969.
STATE PARK SHORE Pa. Dept. of Env. Resources
LINE CHANGES

BEACHES INTENSE ECMPC from Aerial Photo This map shows the.beach areas along the Erie coast in Pennsylvania.
STUDY AREA

II-D- 19

TITLE SOURCE MAP DESCRIPTION

Erie County Metropolitan Planning Shows the location of the Erie coastal zone in Pennsylvania in
REGIONAL
Commission (ECMPC) relation to the Great Lakes and the Middle Atlantic Seaboard.
LOCATION COASTAL
ZONE, ERIE CO.,
PA.

ERIE COUNTY ECMPC Illustrates Erie County (Pa.), the three study areas, the Erie
COASTAL ZONE Basin boundary, and the townships and boroughs in the County.
INTENSE STUDY
AREA

ERIE COUNTY USGS 7.5' Quadrangle (Base) These maps show the watersheds within the Erie coastal zone
MAJOR WATERSHEDS ECMPC Information intense study area.
3 STUDY AREAS

USGS 7.5' Quadrangle (Base) These maps show the present land use in the intense study area.
EXISTING LAND Land uses fall into one of fourteen classes.
USE

3 STUDY AREAS
COMMERCIAL NAVI_ USGS 7.5' Quadrangle (Base). Pa. This map shows those areas in the Erie City Port which are used as
GATION & FISHING Fish Commission Port Development facilities for navigation (oil, grain, etc.) and fishing.
FACILITIES Plan 1968. Erie Port Authority
(CENTRAL AREA)
SU RFACE WATER USGS 7.5' Quadrangle. Dept. of This map shows the location of water intakes in the lake for the
WITHDRAWAL SITES Env. Resources. COWAMP. County municipal water supply.
(CENTRAL AREA) Water Authority

USGS 7.5 Quadrangle. (Base) These maps show the shore and near-shore recreational water uses.
RECREATIONAL ECMPC Information These uses are divided into two general categories; swimming and
WATER USES general fishing and boating.

3 STUDY AREAS

TIT-LE SOURCE MAP DESCRIPTION

USGS 7.5' Quadrangle (Base) These maps show the native fish in the coastal zone and tributary
FISH & WILDLIFE Pa. Fish Commission streams. Also shown are any unusually high wildlife concentrations
HABITATS ECMPC or sanctuaries.

3 STUDY AREAS

STREAMS, USGS 7.5' Quadrangle (Base) and These maps show the streams, wetlands, small bodies of water and
WETLANDS & FLOOD information. areas prone to flooding in the Erie Coastal Study Area.
PRONE AREAS U. S. Army Corps of Engineers

3 STUDY AREAS

SLOPES AND SOILS USGS 7.5' Quadrangle These maps show the slopes on the Lake Erie coastal zone.
Erie County Soil Survey - SCS
3 STUDY AREAS 12/60

GENERAL SOIL USGS 7.5' Quadrangle These maps show the general types of soil which occur in the study
MAP Erie County Soil Survey'- SCS area.
12/60
3 STUDY AREAS

GENERAL GROUND USGS 7.5' Quadrangle (Base) These maps show the areas which may produce reliable supplies of
WATER ECMPC groundwater as well as those areas of unreliable supply and those
AVAILABILITY areas with public supplies.

3 STUDY AREAS

NATURAL & SCENIC USGS 7.5 QUADRANGLE (Base) These maps show those areas of greater than local interest. These
HISTORICAL & Erie County Historical Society areas are natural or historical.
ARCHAEOLOGICAL ECMPC

3 STUDY AREAS

USGS 7.5' Quadrangle (Base) These maps show the ovmership patterns for the coastal zone. The
OWNERSHIP County Tax Assessment Maps ownership is divided'into four categories; public, semi-public,
PATTERNS private and roads.

3 STUDY AREAS

II-D-21

TITLE SOURCE MAP DESCRIPTION

ZONING USGS 7.5' Quadrangle (Base) Illustration of the zoning districts of each municipality along
DISTRICTS BY Municipal Zoning Maps the coastal zone.
MUNICIPALITY

3 STUDY AREAS

MULTIMODAL USGS 7.5" Quadrangle (Base) These maps show the transportation systems within the coastal zone
TRANSPORTATION PennDOT including highways, railroads, airports, and ferry boats.
SYSTEMS ECMPC

3 STUDY AREAS
HIGHWAY USGS 7.5' Quadrangle (Base) These maps show planned improvements to the highway system and their
IMPROVEMENTS PennDOT priority for completion.
CENTRAL & EAST Erie Area Transportation Study
AREAS

ECITC Base This-map shows the existing ownership of the property on the Erie
ERIE Port Development Plan City waterfront.
WATERFRONT
OWNERSHIP

ERIE NOAA Base Map This is a general map of the Erie waterfront showing the three main
WATERFRONT Port Development Plan zones.
DEVELOPMENT
PLAN

PRESENT ECMPC Base Map This map illustrates the existing facilities for handling shipping
FACILITIES Port Development Plan commerce in the East Bay area of the Erie waterfront.
EAST BAY AREA

PLANNED ECMPC Base Map This map illustrates the planned improvements for expanding the
FACILITIES Port Development Plan East Bay area marine terminal facilities.
EAST BAY AREA

'06, 60 001 owl

TITLE SOURCE MAP DESCRIPTION

EXISTING A!-,D NOAA Base Map - ECMPC This map shows the recreational boating facilities in Erie Harbor.
.PROPOSED Presque Isle Master Plan This includes existing and proposed marinas as well as public and
MARINAS AND Port Development Plan private boat launching ramps.
BOAT LAUNCHING
FACILITIES
ERIE WATERFRONT ECMPC Base Map The map shows the planned improvements to the whole Erie waterfront.
DEVELOPMENT Port Development Plan
PLAN PROPOSED
WATERFRONT
IMPROVEMENTS

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Alternatives to
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PART III - ALTERNATIVES TO THE PROPOSED ACTION

Given the nature of the proposed action, which is approval of the
Pennsylvania Coastal Program, all Federal alternatives involve a
decision to delay or deny approval. In approving a coastal
management program, the Assistant Administrator for the office of
Coastal Zone Management must find that a state has met over
twenty requirements. Delay or'denial of program approval could
be based on failure of the Pennsylvania program to meet any one
of the requirements of the Federal Coastal Zone Management Act
(CZMA), as amended.

The Pennsylvania Coastal Zone Management Program is a network of
State authorities designed to manage coastal resources according
to a uniform set of State policies. Agencies responsible for
administering the authorities are directed by an Executive order
or have agreed through a Memorandum of Understanding to carry out
their authorities in a way that is consistent with the policies
of the management program. The major regulatory authorities that
are to be incorporated into the program are: the Floodplain
Management Act, the Dam Safety and Encroachments Act, and the
Bluff Recession and Setback Act. Draft regulations for each of
these authorities have been developed and will become final prior
to Federal approval of the Pennsylvania Coastal Zone Management
Program. The draft regulations are included in Appendix B of
this Draft Environmental Impact Statement (DEIS).

In order to elicit public and agency comment and assure that the
Assistant Administrator's initial determination is correct, this
section identifies areas where there are possible deficiencies,
and considers alternatives of delay or denial based upon each.
Before examining the alternatives, the following section
identifies the generalized impacts that would result from delay
or denial on any basis.

1. Loss of Federal funds to administer the progra
U-nder- Section 306 of -the CZMA, as amended,
Pennsylvania would receive approximately $1 million
per year to administer its coastal management program.
Most basic to a loss of Federal funds will be the
inability of the State to provide adequate staffing
and administrative support to coordinate and evaluate
State and Federal coastal actions and permits, to
assure that government agencies operate consistently
with coastal policies, to enforce State regulatory
authorities in the coastal area, and to provide funds
to State agencies and local governments that will
encourage port development, coastal access,
development of local plans and zoning ordinances, and
provide for technical assistance for solving coastal
resource problems.

2. Loss of consistency of Federal actions with
Pennsylvania's Coastal Zone Management Progra and its
policies. Program approval would mean that Federal
actions, in or affecting the Pennsylvania coastal
zone, would have to be consistent with the State's
program under Section 307(c) of the CZMA. This
consistency provision is of particular concern to the
commonwealth of Pennsylvania as its coastal zone,
especially the Delaware River, is heavily influenced
by Federal activity. Loss of Federal consistency in
the State's coastal zone could have significant
effects on the coastal resources by continuing the
present practice of conducting Federal activities,
issuing Federal licenses and permits, and providing
Federal assistance in the coastal zone for potentially
uncoordinated and conflicting objectives.

3. Loss of adequate consideration of the national
in-tere-st in the siting 2f facilities which are other
than local in nature as required @y Section 306(c)i8)
of the CZMA. By delaying or denying program approval,
:E-he-state would 'be under no obligation to give
adequate consideration to coastal resources and
facilities that are of national interest. This could
result in loss of public benefit that the use of such
resources may provide. For example, failure to allow
expansion of port facilities to accommodate
transshipment of coal for energy production in the
ould result in the need for use of
different energy sources. This may add to higher
Port of Erie c

energy costs to the public. However, the national
interest also encompasses a concern for the protection
of * resources such as water, air, wetlands and
wildlife. Consideration of the need for the national
interest in facilities would take into account the
impacts of facilities on these key resources.

Program approval would mean that the State could
undertake increased technical assistance to local
governments and improve implementation of existing
State programs. This would give the state and local
governments an opportunity to give balanced
consideration to both facilities and resources in the
national interest, through mechanisms such as the
Environmental Quality Board for adoption of
regulations, the Environmental Hearing Board for
administrative appeals of State actions, and the
courts for judicial ' appeals. Lacking program
approval, these considerations affecting resources in
the national interest might not be made.

4. Potential loss of eligibility 2f funds available under
the Coastal Energy Impact Program(CEIP). No coastal

111-2

state is eligible to receive financial assistance
under the CEIP unless the state:

a. Has a management program approved under
Section 306 of the CZMA;

b. Is receiving a grant under Secrion 305(c) or
305(d) of the CZMA; or

C. Is making, in the judgment of the Assistant
Administrator for Coastal Zone Management,
satisfactory progress toward development of a
management program which is consistent with the
policies of Section,303 of the Coastal Zone
Management Act.

The Pennsylvania Coastal Zone Management Program is currently
operating under a grant pursuant to Section 305(c) of the CZMA.
The grant is scheduled to expire on September 30, 1980. Since
the authority to make grants under Section 305 has expired, the
State will not be able to receive any more 305 grants. If OCZM
is unable to find that the State has met all the requirements for
program approval during the remainder of the 305 grant period,
OCZM would be forced to delay or deny program approval. In order
to then be eligible for CEIP funds, Pennsylvania'would have to
show that it was making satisfactory progress under Section 303
of the CZMA. This process could consume a long period of time
during which the State would be ineligible to receive CEIP
funding.

Alternative I The Assistant A dministrator could delay or deny
progra approval if-there is no means to implement and enforce
the'management progra

As part of an earlier program proposal, Pennsylvania proposed a
management scheme which involved a complex relationship between
the state, counties, townships and municipal governments. As it
was proposed, this scheme would not meet Federal program approval
regulations for the following reasons:

1. A timetable for local adoption of erosion, floodplain
and wetland controls pursuant to State legislation and
State guidelines was not provided.

2. There was no provision for State enforcement of
erosion, floodplain and wetland controls prior to
certification by the State that local governments are
able to implement these controls.

Two new authorities have been enacted since Pennsylvania made its
initial program proposal. These provide a means for State
protection of floodplain and wetlands areas. These are the
Floodplain Management Act and the amendments to the Water

111-3

obstructions Act, or as it is now called as a result of the
amendments, the Dam Safety and Encroachments Act.

Under the provisions of the Floodplain Management Act, local
governments which have been notified by the U.S. Department of
Housing and urban Development as having an area or areas subject
to flooding are required to participate in the National Flood
Insurance Program within six months of notification. Failure to
comply with this requirement will result in legal action by the
State against that municipality which has failed to comply.
Under Section 302 of the same law, the Commonwealth is required
to directly regulate certain obstructions such as public utility
services in floodplains. This will provide a means of protecting
state investments in public infrastructure in areas of the
coastal zone subject to flooding.

Under the Dam Safety and Encroachments Act, the State exercises
direct regulatory authority over water obstructions and
encroachments that would occur or be placed in wetlands of the
Commonwealth. Regulations to implement this new authority will
be found in draft form in Appendix B of the DEIS. Final
regulations will be adopted prior to program approval.

A third new authority, necessary for program approval, i's
currently pending before the State legislature. This bill, known
as the Bluff Recession and Setback Act, provides that within six
months following identification and designation of areas subject
to bluff recession hazards, each municipality with such areas
shall implement ordinances and regulations necessary to regulate
construction and development activities in those areas subject to
bluff recession hazards. The State may file suit to restrain,
prevent or abate violations of this Act or municipal ordinances
or regulationg designed to implement this Act. Prior to local
implementation of ordinances and regulations in bluff recession
hazard areas, the Commonwealth will control the placement of
structures in these areas.

The Pennsylvania program relies on an Executive order and
Memoranda of Understanding between State agencies to require that
all program policies and authorities are carried out in a uniform
and consistent fashion. The Executive order that will be issued
-to implement and enforce the policies of the coastal management
program will direct State administrative departments and other
State agencies under jurisdiction of the Governor to act
consistently with the State authorities that are part of the
management program. The Governor has the responsibility under
the Pennsylvania constitution to ensure that the laws of the
Commonwealth are enforced, and the issuance of an executive order
is one means by which the Governor can execute the laws of the
Commonwealth.

In addition, Article 1, Section 27 of the Pennsylvania
Constitution, also known as the Environmental Rights Amendment,
provides for the conservation and maintenance of public trust

111-4

resources. In executing the laws which are incorporated into the
management program, the State will also rely on Article I,
Section 27 as a mandate to carry out and enforce the regulatory
statutes in a manner that carries out the provisions of
Article I, Section 27.

Under Pennsylvania law, three administrative agencies with
responsibilities in the coastal zone are not legally bound by an
Executive order. They are the Fish Commission, the Historical
and Museum Commission, and the Public Utility commission.
Memoranda of Understanding will be developed between the DER and
these agencies. The Memoranda developed between the agencies
will outline the processes by which these agencies shall be
consistent with the policies of the coastal program, fully
consider the national interest in the siting of facilities that
are other than local in naturel, and report the status of its
projects to the Coastal Zone Management Program.

Alternative II - The Assistant Administrator could delay gr denv
program approval if regulations to implement the State authority
over activities in wetlands have not been adopte

Pennsylvania is developing regulations as a basis for reviewing
activities proposed to occur or be located in coas@al wetlands.
These regulations will delineate the specific criteria the State
will use to issue or deny permit requests for activities in
coastal wetlands and for other activities in the bed of Lake Erie
and the Delaware River subject to the Dam Safety and
Encroachments Act. Draft regulations will be found in Appendix B
of the DEIS. Prior to program approval, final regulations will
be adopted.

Alternative III - The Assistant Administrator could dela or deny
approval if Commonwealth did not have the ne@-essarv
authorities to deal with the significant problems and issues of
the two Pennsylvania

During the development of the state's coastal management program,
it became clear that the State would require additional authority
to address development in wetlands, floodplains, erosion hazard
areas, and activities in the. Delaware River within the city
limits of Philadelphia. Over the past two years, the
Pennsylvania General Assembly has acted to close these
substantive gaps in State authority. It passed the Floodplain
Management Act, which was signed into law by the Governor on
October 4, 1978. The Act mandates that municipalities which have
an area or areas subject to flooding shall participate in the
National Flood Insurance Program. in addition, it also provides
thaL the State, acting through the Department of Community
Affairs and the Department of Environmental Resources, shall
regulate particular obstructions in the floodplain. These
obstructions include hospitals, nursing homes, jails, new mobile

111-5

home parks, subdivisions, or substantial additions to mobile home
parks or subdivisions. Under the same act, the State Department
of Environmental Resources has exclusive jurisdiction to
regulate: i

1. Any obstruction otherwise regulated under r-he Water
Obstructions Act;

2. Any flood control project constructed, owned or
maintained by a governmental unit;

3. Any highway or other obstruction, constructed, owned
or maintained by the Commonwealth or a political
subdivision thereof; and

4. Any obstruction owned or maintained by a person
engaged in the rendering of a public utility service.

This law now provides the necessary State authority to manage
activities in coastal area floodplains.

During the same session of the General Assembly, a bill amending
the Water Obstructions Act was passed on November 26, 1978,
enabling the State to regulate water obstructions and
encroachments in coastal wetlands. Also, other amendments passed
in 1979 clarified what the State must consider in promulgating
the regulations pursuant to Chapter 105 of the Pennsylvania Code
of Regulations relating to water obstructions and encroachments.
(These amendments also changed the title of the bill to the Dam
Safety and Encroachments Act.) Included in these regulations
must be consideration of:

1. The'state of scientific and technological knowledge
and good engineering practice relating to various
types of water obstructions and encroachments;

2. The economic impact upon the Commonwealth and its
citizens;

3. The relationship of ' water obstructions and
encroachments to hydrologic management in the
watershed as a whole; and

4. The impacts of water obstructions and encroachments
upon water quality and the environment.

In addition, the 1978 amendments provide that the State shall
have control over water obstructions and encroachments which in
any manner changes, expands or diminishes the course, current or
cross-section of any watercourse, floodway, or body of water
within the city limits of Philadelphia. Under previous
legislation, control over the Delaware River within the City of
Philadelphia had been granted to the city. Because of
significant coastal activities within the city along the Delaware

111-6

River, this was identified as a gap in State authorities. As a
result of the amendments to the Water obstructions Act, the State
now has direct control of activities in the Delaware River within
Phialdelphia.

Finally, the State identified the need for legislation to deal
with the problem of bluff recession along the shores of Lake
Erie. The Bluff Recession and Setback Act, now before the
General Assembly, must be enacted into law in order for the
Pennsylvania program to receive consideration for Federal
approval. The bill requires a setback of all new structures
outside the erosion hazard area and generally prohibits
reconstruction or improvements exceeding 50 percent of the market
value of the structure. Prior to receiving program approval,
bluff recession hazard areas must be designated and regulations
implementing the bill must be adopted. Local governments have
six months after designation of bluff recession hazard area and
the adoption of State regulations to enact ordinances that meet
the requirements of the Act. During the six month period, the
Department of Environmental Resources will enforce provisions of
the Act in any municipality which does not have its own ordinance
which meets the requirements of the Bluff Recession and Setback
Act.

With the enactment of this piece of legislation, the' State will
have the necessary management authorities needed to address the
scope of its program.

Alternative IV - The Assistant Administrator could delay or deny
program approval if the coastal policies are not sufficiently
specific.

Pennsylvania's coastal policies have undergone extensive review
and examination to ensure that they.provide persons affected by
the program clear understanding of the content of the program and
a clear sense of direction and predictability for decision-makers
who must take actions pursuant to or consistent with the
management program.

If the policies are not sufficiently specific, the likely results
would be as follows:

1. A higher percentage of disputes between State and
Federal agencies over actions which must be consistent
with the management program or consistent to the
maximum extent practicable.

2. Lack of clear understanding over what specific actions
the program is trying to accomplish.

3. Conflict between the commonwealth and the office of
Coastal Zone Management over funding proposals for

111-7

program implementation and how such proposals are
designed to carry out program policies.

4. Delay in the process of program approval as persons
reviewing the program seek clarification and
understanding of policies which are not specific.

Regulations which implement the State authorities over
floodplains, erosion hazard areas, and wetlands will be adopted
prior to approval of the management program. These regulations
spell out in greater detail how the State will apply the
authorities to carry out the policies of the management program.

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PART IV - AFFECTED ENVIRONMENT

Part Il includes a chapter entitled Introduction and Overy'
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which includes sections on Coastal Character and Defining the
Coastal Boundary. The following section presents a brief summary
of those sections describing Pennsylvania's two coastal zones.
Additional information may be found in Part II, which also
includes maps of each coastal zone.

Delaware Estuary Coastal Zone

The Delaware Estuary coastal zone extends 57 miles from Marcus
Hook, to Morrisville on the Pennsylvania side of the Delaware
River. The coastal zone is irregular in shape, varying in width
from 1/8 mile to urban areas like Philadelphia and Bristol, to
over 3-1/2 miles in Falls Township, Bucks County. The Delaware
Estuary coastal zone includes all or part of 20 municipalities.
The 1970 population in the coastal zone was 33,500. Employment
totaled 78,500 in 1970, with manufacturing and construction as
the largest categories.

Philadelphia has the most completely developed waterfront with
more extensive transportation facilities than ihe other two
counties. A diverse mix of land uses occupies the rest of
Philadelphia's riverfront, including manufacturing, utilities and
military facilities. In Delaware County, a larger share of
waterfront is devoted to manufacturing than in either
Philadelphia or Bucks Counties. Tinicum. Marsh, covering
approximately 500 acres, is all that remains of the tidal
wetlands which originally encompassed at least 13,000 acres
between the Chester Creek in Delaware County and the Frankford
Creek in Philadelphia County. Still, Tinicum Marsh contains
Pennsylvanials largest tidal wetland area. The shoreline of
Bucks county includes a wide variety of uses; and about five
miles of riverfront are occupied by residential, recreational, or
cultural uses, which are unusual in the other counties.

Notable features of the coastal zone in Bucks County include the
4,000 acre U.S. Steel site, which employes more than 8,000
workers; and the 2,300 acre man-made lakes created by sand and
gravel extraction on property owned by the Warner Company.

Lake Erie coastal zone

The Lake Erie coastal zone covers 63 miles between the state's
borders with New York and Ohio. The most outstanding feature of
the Pennsylvania shoreline is the seven-mile long Presque Isle
Peninsula which attracts three to four million recreational
visitors each year. This 3,200 acre sand spit curves out into
the lake forming Presque Isle Bay and sheltering Pennsylvania's
only Great Lakes port.

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The beaches, dunes and lagoons of Presque Isle contrast sharply
with the system of bluffs ranging in height from 10 to 170 feet
which separates Lake Erie from the rest of Erie County. There
are no major river systems flowing into Lake Erie in
Pennsylvania; but there are 50 minor streams, some of which have
cut deep gorges into the landscape.

The urban and suburban portions of the City of Erie roughly
occupy the central third of the Lake Erie shoreline. The
remaining land is sparsely developed with a more rural character,
The two largest land uses are agriculture and forest/undeveloped.

The coastal zone is strongly influenced by its proximity to the
lake. The climatic effect of Lake Erie extends the growing
season, and moderates temperature variations which permit the
production of specialty crops such as grapes and other orchard
products. In the eastern portion of the Lake Erie coastal zone,
almost one-third of the land is devoted to fruit production.

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PART V ENVIRONMENTAL CONSEQUENCES

Direct Effects of Federal Approval

The intent of the Federal Coastal Zone Management Act is to
promote the wise use of the Nation's coasts. The Act encourages
states to achieve this goal through better coordination of
government activities, recognition of the long-term consequences
of development decisions, and the initiation of a more balanced
decision-making process.

Most of the environmental and socioeconomic impacts that will
result from Federal approval of Pennsylvania's program will be
beneficial. This is initially guaranteed by the language of the
Act itself and the regulations promulgated by the office of
Coastal Zone Management to guide program development and
approval4 The Coastal Zone Management Act makes it national
policy to "preserve, protect,, develop and,, where possible,,
restore our coastal resources".

The Pennsylvania Coastal Zone Manageme nt Program provides a
balanced approach to economic development and coastal resource
protection.. It is the first state program submitted 'to NOAA-OCZM
that deals with two geographically distinct, widely separated and
fundamentally different coastal zones. It is this tremendous
diversity and the need to develop a common, statewide approach to
coastal issues that has produced such a well-balanced program.

1. Program Funding - Federal approval will permit the
Office of Coastal Zone Management to award program
administrative grants ' (Section 306) to the
Pennsylvania Department of Environmental Resources,
Coastal Zone Management Branch. This funding,
totaling approximately $1 million per year, will:

a,, Improve resource management decisiQn-making at
Federal, State and local levels in both the
Delaware Estuary and the Lake Erie coastal
zones.

b. Allow more efficient review of waterfront
activities.

C. Conduct technical studies related to human and
natural resources and the overall management
process in order to upgrade the information base
on which coastal decisions will be made.

d. Permit Pennsylvania to continue to cooperate
with neighboring coastal states (several of
which have received Federal approval) on matters
of mutual concern.

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e. Provide funds to coastal municipalities and
governmental agencies to plan for and manage
the development of certain types of coastal
related facilities (i.e., recreational access#
ports, historical restoration) as prescribed in
the Coastal Zone Policy Framework.

f. Perhaps most importantly, allow the Pennsylvania
Department of Environmental Resources to make
grants available to coastal municipalities who
wish to update comprehensive plans, zoning
ordinances and other regulations in,response to
coastal zone management goals and objectives.

of the 30 municipalities in Pennsylvania's two
coastal zones, several have never prepared
comprehensive plans. Many of the plans and
zoning ordinances that exist aremore than 20
years old and do not reflect current ideas for
coastal development, protection or wise Use.
Such comprehensive plans could be entirely
revamped and modernized through assistance to
local coastal governments.

in order for Pennsylvania to have eligibility for
Section 308 Coastal Energy Impact Program funds and
Formula Grants, the State must be actively
participating in Sections 305 or 306 of the Coastal
Zone Management Program, or be making adequate
progress toward meeting the goals of Section 303.
This section 308 assistance could aid substantially in
ameliorating the possible impacts of offshore (outer
Continental Shelf) oil and gas production on
Pennsylvania's coastal areas. Grants for recreational
facilities could do much to heighten the public's
appreciation for, and awareness of, the coastal zone.
Federal approval would ensure that at least $550,000
worth of Coastal Energy Impact Program grants would be
administered annually by the Pennsylvania Department
of Community Affairs.

Additional funding for interstate coordination, beach
and island preservation and access, research, and
training also may become available if funding for
these purposes is authorized in new legislation.

2. Federal Consistency - Federal approval and State
implementation of Pennsylvania's Coastal Zone
management Program will have implications for Federal
agency actions. Approval of the Statels program will
lead to the implementation of the Federal consistency
provisions of the CZMA (Section 307(c) and (d)).
These provisions, and the manner in which Pennsylvania

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intends to implement them,, are &-scribed in Chapter 5
of Part II.

The purpose of the Federal Consistency provisions is
to require Federal actions to be consistent with State
coastal policies as well as to allow closer
cooperation and coordination among Federal, State, and
local government agencies involved in coastal related
activities and management. This desirable impact is
one of the principal objectives of the CZMA.

3. National Interest - Federal approval of Pennsylvania's
program will certify that the State has an acceptable
procedure to ensure the adequate consideration of the
national interest involved in the siting of facilities
and management of areas that are of greater-than-local
concern. National interest is described in Chapter 5
of Part II.

This requirement of the Coastal Zone Management Act is
intended to assure that national concerns related to
facility siting are expressed and dealt within the
development and implementation of a statels coastal
management program. The requirement should not be
construed as compelling Pennsylvania 'to propose a
program which accommodates certain types of
facilities, but to assure that such national concerns
are considered in the decisions of the management
program. In the absence of an approved Coastal Zone
Management Program, such considerations could be
ignored or implemented haphazardly.

Indirect Impacts of Federal Approval

1. Socioeconomic Impacts - Pennsylvania's four years of
participation in the development of a Coastal Zone
Management Program has awakened people in both coastal
areas to the possibilities that exist for protecting
fragile environmental features, expanding waterfront
access and promoting sound coastal development..
Federal approval of Pennsylvania's program would have
the indirect affect of allowing this understanding to
spread more widely throughout the coastal zone and to
attract the attention of citizens living in inland
areas.

Participation in the Coastal Zone Management Program
will show Pennsylvania residents that both the
Delaware River and Lake Erie are worthy of renewed
attention and emphasize their importance to the
respective regions. With renewed interest and respect
will come private investment, following the lead
offered by public agencies. For example, once local

V-3

governments invest in waterfront properties, local
industries can be expected to do likewise. Coastal
goals of multiple use should become easier to
implement.

As the Coastal Zone Management Program restores faith
in the value of shorefront properties, land value will
increase. Even in advance of Federal approval,
knowledge of events occurring in other waterfront
communities has spurred development and redevelopment
plans.

Although several new permits now exist and are
administered by the Pennsylvania Department of
Environmental Resources, any increased costs of
development will be more than offset by savings in
internal coordination and improvement in overall
permit administration. Prompt notification of all
permits which will be required will ultimately be
viewed as a valuable and money-saving proposal. These
savings will involve less time and confusion for

addition, there will be an availability of
applicants and reduced government manpower costs. In

preapplication education for complex projects.

significantly, if the Coastal Zone Management Program
in Pennsylvania i's not approved, waterfront
development and restoration efforts will be
uncoordinated and less effective. A major force for
regional cooperation will be lost and local triumphs
in one area will be reversed by mistakes made in
neighboring communities, Some will fix up and restore
while others will ignore and despoil. A good measure
of predictability and investor confidence will be
sacrificed.

Approval of Pennsylvania's Coastal Zone Management
Program will mean the beginning of the provision of
additional, close-to-home recreational facilities.
Travel times and trip' costs will be reduced and
waterfront recreation activities will become much more
available to a larger segment of the State's
population. Certain water related sporting equipment
and recreational suppliers will benefit first, as
increased coastal accessibility begins to materialize.

2. Natural Environment Impacts - Impacts on the natural
environment will result.from:

a. Enhanced enforcement and administration of State
authorities.

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b. Technical assistance to local governments in the
planning and management of Geographic Areas of
Particular Concern.

The major State authorities which will be incorporated
into the program and which will have an impact on the
natural environment are:

a. The Dam Safety and Encroachments Act - This
provides for protection of wetlands and State
owned submerged lands by regulating obstructions
and encroachments in these areas. Enforcement
of the wetlands provision will occur for the
first time as a result of participation by the
Commonwealth in the Coastal Zone Management
Program. This is as a result of revisions to
Chapter 105 of the Pennsylvania code of
Regulations.

b. The Floodplain Management Act - This provides
for direct State control of highways, public
utility facilities, and certain other
obstructions in floodplains. It also requires
local adoption of floodplain ordinances
sufficient to meet the standards of the National
Flood Insurance Program. This will result in
the maintenance of the structure and function of
floodplains by limiting development in these
areas.

C. The Bluff Recession and Setback Act - This
requires structures to be setback from bluff
areas determined to be hazardous as a result of
shoreline erosion. This will result in fewer
structures being lost to the effects of
shoreline. erosion and will reduce the amount of
hazardous debris that enter Lake Erie and will
reduce the level of pollutants added to the lake
as fewer septic tanks and sewer lines are washed
into the lake. Passage of this Act is a direct
result of the Commonwealth's participation in
the Coastal Zone Management Program.
Regulations to implement the law are also
directly attributable to participation in the
program.

other State laws listed in Appendix A will be
incorporated into the program. While their impacts on
the natural environment will not be as significant as
those above, improvements in their utility as tools to
manage the natural environment is expected by
participation in the program. The strategies applied
to make these improvements will also be applied to the
laws listed above. These are:

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a. Enhanced monitoring of statutes.

b. Improved regulations to provide clearer
standards and criteria for resources protection.

C. Enhanced enforcement of regulatory statutes
designed to protect coastal resources..

In summary, the Pennsylvania coastal Zone Management
Program will provide that State authorities designed
to manage the natural environment will be improved, or
in some cases, implemented for the first time. This
will result in enhanced manpower to provide protection
of fish and wildlife habitat, improvements to air and
water quality, control of development in erosion and
flood hazard areas, prevention of stream scour, and
enhanced fisheries management.

Participation in the Coastal Zone Management Program
will also provide protection of the natural
environment through the GAPC process as explained in
Part 11, Chapter 3., The State already has control to
protect the natural environment in many of its GAPCI
such as wetlands and floodplains.

In other GAPC, the State will be worXing with local
governments to provide protection of areas nominated
as GAPC for their value as natural areas. This will
require a commitment from the local government with
management control over these areas. This commitment,
designating a GAPC, will be made through contractual
agreement with the State. in this instance, the local
government agrees to maintain the natural value of the
area in exchange for State Coastal Zone Management
funds to develop an appropriate management scheme and
local management tools to provide protection for the
designated GAPC.

The GAPC process will also be used to support
development activities 'in other areas of the coastal
zone. The effect of this will be to guide development
away from areas of natural value into areas where
development is more appropriate.

In summary, the effects of program approval on the
natural environment will be positive. Improved
administration of State authorities and technical
assistance to local governments will provide the
stimulus.

3. Institutional Impact9 Unfortunately, from the
perspective of local governments, the state is often
viewed as an uncompromising "enforcer" rather than a

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useful partner. Coastal zone management represents a
real opportunity to demonstrate the meaningful
assistance that the State can provide to local
governments.

The program is partially based on a UState/Local"
partnership in which the State performs many
regulatory functions, but relies on local ordinances
for managing activities in floodplains and erosion
hazard areas.

one result of improving State/Local relations in the
coastal zone is that the concept might spread to
inland areas as well. If it is demonstrated that
coastal municipalities materially benefited from the
coordination of State programs and the availability of
funding, services and technical advice, inland
municipalities might be tempted to explore such
partnerships.

without Federal approval of the Coastal Zone
Management Program, these efforts will be dealt a
significant setback.

An important institutional impact of program approval
will be on citizen participation. A Coastal Zone
Management Program in Pennsylvania will open new doors
to citizens who wish to get involved in permit
decisions, energy facility siting, recreation
planning, wetland protection, water quality
improvement, and resource management. Also, there
will be a heightened public awareness of governmental
processes (i.e., Environmental Hearing Board,
Environmental Quality Board, public hearings) which
will be used in the conflidt resolution aspects ot the
Coastal Zone Management Program. Program approval
will ensure that the decision-making process of the
commonwealth, will consider the national interests in
the Pennsylvania coastal zones. In addition, these
same decision-making processes, especially the
permitting process, will be streamlined to provide
greater certainty and-consistency in permit decisions
as well as a decreased time for permit issuance.
Without Federal approval, there [email protected] be no Coastal
Zone Steering Committees, and less access to county
..and State managers. Without the continuity of a solid
funding base, built upon Federal approval, the main
supporters of coastal zone management will gradually
drift away, and be drawn to other pressing crisis
areas. Finally, the coastal zone, as a,concept people
are just coming to understand, will disappear as a
separate entity.

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Possible Conflicts Between the Proposed Action and the objectives
of Federal, Regionai,'State, and Local Land Use Plans, Policies,
and Controls for the Area Concerned

Prior to granting approval to a management program submitted by a
coastal state, the U.S. Secretary of Commerce shall find that the
state has coordinated the contents of its management program with
local, areawide or interstate plans applicable to areas within
the coastal zone existing on January 1. of the year in which the
state's management program is submitted to the Assistant
Administer for approval (Coastal Zone Management Act,
subsection 306 (c) (2) (A)) .
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The Pennsylvania Coastal Zone Management Program has accomplished
these requirements, as documented in Chapter 5 of Part'II, and
will continue to consider the interests and needs of local,
county, regional, and Federal agencies, authorities and affected
bodies. comments 4ave been quite favorable on the amount of
coordination that occurred with plans of other agencies. Because
such extensive coordination has occurred, many of the coastal
zone goals are becoming reality, through implementation by a wide
variety of agencies.

Careful coordinat with local, county,.and regional land use
plans (where avail=e)'has usually been repaid with continuing
support.@ on-going Federal studies and plans have been consulted
frequently. Many ideas proposed in Pennsylvania's Coastal Zone
Management Program are, in fact, not original but are adapted
from other sources. This concept has served to make acceptance
of coastal management. easier and' has added impetus to local
proposals. I

if any major conflict can be identified, it is between, local
plans and the Coastal Zone Management Program in the area of
public access, recreation and historic/cultural resources. Local
plans rarely show as many areas reserved for such purposes as the
Coastal Zone Management Program which stressed these areas
extensively. Following program approval, local units of
government will be eligible for planning grants to enable them to
"rethink" or "replan" for these activities.

Environmental Effects of Alternatives

Since the alternatives deal with approval. or denial of the
Coastal Zone Management Program, environmental impacts are also
based on approval or denial. As discussed briefly under the
indirect impacts of Federal Approval section above, the decision
to disapprove Pennsylvania's program will not have a major
immediate impact on the natural environment of the coastal zones.
Resource management programs would continue to. function and
resource protection permits would still be required, reviewed,
and acted upon regardless of the status of the Coastal Zone
Management Program. However, a major blow would be struck

V-8

against coordination of permits and cooperation among state
agencies. The coastal Zone Advisory Committee, the major
coordinating body of the State level would cease to function
without a Coastal Zone Management Program and coastal management
staff. immediately, several important ties between Harrisburg,
Erie, and Philadelphia would be terminated. The Department of
Environmental, Resources would effectively lose its local focal
points of communication in each coastal area. Any semblance of
program involving a balance between growth and resource
protection would evaporate and the situation would likely revert
to the situation that existed before 1974 and Pennsylvanials
entrance into the Federal Coastal Zone Management Program.
issues would be seen as black.and white; develop or preserve.
Mechanisms to trade-off and balance resource management decisions
would disappear.

Important coastal policies on floodplains, erosion control
structures and dredging would lose a local sponsor. The policies
would technically still exist, but without the mechanism of
UState Consistency" little heed would be paid to them - except
perhaps by a particular State agency that happened to have
statutory authority.

Alternatively, the environmental impacts of the alternatives
involving program approval. appear-,,jery positive.' The tangible
benefits to residents and buslh@-_6ses in Pennsylvania resulting
from an ongoing Coastal Zone Management Program haV6 been pointed
out previously. A balanced program, featuring a mechanism to
resolve conflicts and coordinate State regulatory agenties would
be extremely desirable'.
Finally, Pennsylvania's Coastal Zone Management Program had to
initially overcome its own im.Age!,ad a noncoasAai' -state and to
resolve differences between widely separated coastal areas.
There is little doubt, however,. that the Pennsylvania Coastal
Zone Management Program has improved attitudes and 'expectations.

Means to Mitigate Adverse Environmental Impa6ts

The program's management philosophy is to encourage economic
growth while p--otectin4 and enhancing environmental quality. The
Pennsylvania Coastal Zone Management Program will mamage short-
term uses in a balanced manner by taking into account both
economic and environmental concerns. It recognizes that some
energy facilities and coastal dependent developments and
activities have adverse environmental consequences, but they may
still be located: in the coastal zone to help provide orderly
economic development, and to consider the national interest.

In those instances where an action of the program will result in
adverse environmental impacts, such as loss of wetlands, the
program will require that steps be taken to offset the losses.

V-9

This will be accomplished through changes to regulations under
Chapter 105 of the Pennsylvania Code of Regulations.

In addition, the Commonwealth will provide funds in Areas of
Preservation and Restoration to restore thein to their natural
condition or to upgrade the environmental quality of theseareas.

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PART VI - LIST OF PREPARERS

Mr. Peter McAvoy, Great Lakes Regional Manager, office of coastal
Zone Management

Degrees: B.S. Resource Development, Michigan State
University (1968)
Joint M.S. Urban and Regional Planning and
Environmental Studies, University of
Wisconsin-Madison (1972)
J.D. Marquette University (19 75)

Experience: 8-1/2 years resource management and legal consultan-

Mr. John Paul Tolsong Assistant Great Lakes Regional Manager, office
of Coastal Zone Management

Degrees: B.A. Government, University of Notre Dame (1971)
M.R.P. University of Pennsylvania (1976)

Experience: 4-1/2 years coastal zone management and related.
areas

Ms. Patricia L. Scott, Great Lakes Program Assistant, office of
Coastal Zone Management

Degrees: A.A. Business Management, Southeastern University
(1978)
B.S. Public Administrationj Southeastern University
(1979)
M.A. Urban and Regional Planning, University of
Maryland, in progress

Experience: 2 years of Federal grants administration and coasta
zone management related areas

Mr. Daniel Hoydysh, Attorney/Advisor, office of Coastal Zone
Management I

Degrees: B.S. City College of New York (1966)
M.S. Meteorology, New York University (1970)
J.D. Columbus School of Law, The Catholic
University of America (1979)

Experience: 9 years coastal zone managementi legal and
related areas

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Mr. John Pedrick, Attorney/Advisors Office of General Counsel,
National oceanic and Atmospheric Administration

Degrees: B. Aero. Engrg., University of Virginia (1967)
M.A. Marine Affairs, University of Delaware (1974)
J.D. Lewis and Clark College (1977)

Experience: 3-1/2 years legal,'coastal zone management and
related areas

Mr. E. James Tabor, Manager, Coastal Zone Management Branch,
Pennsylvania Department of Environmental Resources

Degrees: B.S. Landscape Architecture, Pennsylvania State
University (1964)

Experience: 15 monthf poastal zone management, 16 years
pl4nningl#4d p:Fogram management

Mr. Gerald M. Sudick, Planning Chief, Coastal Zone Management
Branch, Pennsylvania Department of Environmental Resources

Degrees: B.S. Landscape Architecture, Pennsylvania State
University (1968)
M. Regional Planning, Pennsylvania State
University (1973)

Experience: 6 years coaiq@,41 zone management, 10 years total
planning

Mr. William E. Johnson, Planning Analyst, Coastal Zone Management
Branch, Pennsylvania Department of Environmental Resources

Degrees: B.A. Geography, University of Pittsburgh (1971)
M.A. Geography, University of Pittsburgh (1974)

Experien ce: 11 months coastal zone management, 5 years
environmental planning and community
relations

Mr. Eric R. Conrad, Planning Analyst, Coastal Zone Management
Branch, Pennsylvania Department of Environmental Resources

Degrees: B.A. Geology, New England College (1974)
MRPL, Pennsylvania State University (1979)
Master's Thesis - Coastal Zone Management

Experience: 2 years environmental planning, coastal zone
management

Mr. M. Duke Pepper, Attorney/Advisor, office of Chief Counsel,
Pennsylvania Department of Environmental Resources

Degrees: B.S.B.U. Accounting, University of Delaware (1974)

VI-2

J.D. Law, Lewis and Clark Law Schoolg Northeastern
School of Law (1978)

Experience: 9 months coastal zone management staff attorney

Ms. Peggy Ashenfelder, Secretary, Coastal Zone Management Branch,
Pennsylvania Department of Environmental Resources

Experience: 10 years secretarials 1 year coastal zone
management

Mr. Michael A. Wolf, Chief of Land Resources Planning, Delaware
Valley Regional Planning Commission

Degrees: B.A. Temple University (1969)
M. City and Regional Planning, University of
Pennsylvania (1974)

Experience: 5 years coastal zone management, 10 years total
planning

Mr. Christopher Capotis, Executive D irector, Erie County Department
of Planning

Degrees: B.S. Urban Planning, Columbia University

Experience: 21 years Executive Director of Erie County
Department of Planning

Mr. David Skellie, Erie County Department of Planning

Degrees: B.S. Urban and Regional Planning, Indiana
University of Pennsylvania (1974)

Experience: 5-1/2 years land use planning

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PART VII - LIST OF AGENCIESs ORGANIZATIONS AND PERSONS
RECEIVING COPIES OF DRAFT ENVIRONMENTAL IMPACT STATEMENT

Federal Agencies

Advisory Council on Historic Preservation
Department of Agriculture
Department of Commerce
Department of Defense
Department of Energy
Department of Health, Education & Wlefare
Department of Housing & Urban Development
Department of the Interior
Department of Justice
Department of Labor
Department of Transportation
U. S. Coast Guard
Environmental Protection Agency
Federal Energy Regulatory Commission
General Services Administration.
Marine Mammal Commission
Nuclear Regulatory Commission

National Interest Groups

A.M.E.R.I.C.A.N.
AFL-CIO
American Association of Port Authorities
American Bureau of Shipping
American Farm Bureau Federation
American Fisheries Society
American Gas Association
American industrial Development Council
American Institute of Architects
American Petroleum Institute
American Shore and Beach Preservation Association
American Society of Civil Engineers
American Society of Landscape Architects, Inc.
American,Society of Planning Officials
American Waterways Operators
Amoco Production Company
Atlantic Richfield Company
Atomic Industrial Forum
Boating Industry Association
Bultema Dock & Dredge Company
Center for Law and Social Policy
Center for Natural Areas
Center for Urban Affairs
Center for Urban and Regional Resources
Chamber of Commerce of the United States
Chevron U.S.A., Inc.
Cities Service Company
Coast Alliance

VII-1

Conservation Foundation
Continental Oil Company
Council of Lake Erie Ports
Council of State Planning Agencies
The Cousteau Society
CZM Newsletter
Edison Electric Institute
El Paso Natural Gas Company
Environment Canada
Environmental Policy Center
Environmental Defense Fund, Inc.
Environmental Law Institute
EXXON Company, U.S.A.
Friends of the Earth
Great Lakes Basin Commission
Great Lakes commission
Great Lakes Fisheries Commission
Great Lakes Tomorrow -
Gulf Energy and Minerals, U.S.
Gulf Oil Company
Gulf Refining Company
Industrial Union of Marine & Shipbuilding
Workers of America
Institute for the Human Environment
Interstate Natural Gas Association of America
Lake Michigan Federation
Maratnon Oil Company
Marine Technology Society
Mobil oil Corporation
Mobil Exploration & Producing, Inc.
Murphy oil Company
National Association of Conservation Districts
National Association of Counties
National Association of Home Builders
National Association of Realtors
National Audubon society
National Coalition for Marine Conservation, Inc.
National Farmers Union
National Federation of Fisherman
National Fisheries Institute
National Forest Products Association
National Marine Manufacturers Association
National Ocean Industries Association
National Parks and Conservation Association
National Recreation and Park Association
National Research Council
Natural Resources Law Institute
National Society of Professional E.ngineers
National Waterways Conference
National Waterways Conference
National Wildlife Federation
Natural Resources Defense Council
The Nature Conservancy
Norfolk Dredging Company

VII-2

Outboard Marine Corporation
Resources for the Future
Rose, Schmidt & Dixon
Shell oil Company
Sierra Club
Skelly oil Company
Soil Conservation Society of America
Sporz Fishing Institute
Standard oil Company of Ohio
State University Law School
State University of New York

State and-Local Agencies

Bensalem Township
Bensalem Township Planning Commission
Bristol Borough
Bristol Borough Planning Commission
Bristoi Township
Bristol Township Planning commission
Bucks County Conservation District
Bucks County Planning Commission
Chester City-,Planning Commission
City of Chester
City of Erie
City of Philadelphia
County of Bucks
County of Delaware
County of Erie
Darby Township
Darby Township Planning Commission
Delaware County Conservation District
Delaware County Planning Department
Delaware River Basin Commission
Delaware Valley Regional Planning Commission
Eddystone Borough
Eddystone Borough Planning Commission
Erie City Bureau of Water
Erie County Department of Planning
Erie Housing Authority
Erie Redevelopment Authority
Fairview Township
Falls Township
Falis Township Planning commission
'Folcroft Borough
Folcroft Borough Planning Commission
Girard Township
Governor's office of Policy and Planning
Governorls Energy Council
Harborcreek Township
Lake City Borough
Lawrence Pa--k Township
Lower Chichester Township
Marcus Hook Borough

VII-3

Milicreek Township
Millcreek Township Planning commission
Morrisville Borough
Morrisville Borough Planning Commission
North East Borough
North East Township
Northwest Pennsylvania Regional Planning
and Development Commission
Norwood Borough
Pennsylvania Department of Environmental Resources
Pennsylvania Department of commerce
Pennsylvania Department of Community affairs
Pennsylvania Department of Education
Pennsylvania Department of Transportation
Pennsylvania Fish commission
Pennsylvania Game Commission
Pennsylvania Historical and Museum commission
Pennsylvania Public,Utility Commission
Philadelphia City Department of Commerce
Philadelphia City Federal Programs Unit
Philadelphia City Planning Commission
Philadelphia City Water Department
Philadelphia Redevelopment Authority
Prospect Park Borough
Prospect Park Borough Planning Commission
Ridley Park Borough
Ridley Township
Ridley Township Planning Commission
Springfield Township
Tinicum Township
Tinicum Township Planning Commission
Trainer Borough
Tuliytown Borough
Upper Chichester Township

State and Local Interest Groups@

Allied Chemical Corporation
API-Pennsylvania
Association of Preservation of Darby Creek Valley
Atlantic Richfield Company
B.P. Oil Corporation
Bayfront NATO, Incorporated
Behrend College
Bicycle Trail commission of Erie County
Boeing Vertol Company
Bucks county Audubon Society
Bucks County Conservancy
Bucks County Courier Times
Bucks County Historical Society
Center City Residents Association
Columbia Gas Transmission, Inc.
Concerned Area Residents for Preservation
of Tinicum Marsh

VII-4

Corinthian Yacht Club
Darby Creek Watershed Association
Delaware County Chamber of commerce
Delaware-Chester County Regional Council
Delaware County Conservation Alliance
Delaware River Port Authority
Delaware Valley Citizens for Clean Air
DELCO Federation of Sportsmen's Clubs
DELCORA
Delmarva Power and Light Company
Eastwick Project Area Committee
Edinboro State College
Erie County Audubon Society
Erie County Council of Garden clubs
Erie County Sportsmen League
Erie-N.W. Pennsylvania Port Authority
Erie Times-News
Erie Tourist and Convention Bureau, Inc.
Erie Yacht Club, Kohkwa Park
Gannon College
General Electric Corporation
Greater Erie Industrial Development Corporation
Grundy Memorial Library
Historical Society of Erie County
Holmesburg Club
Homebuilders Association of N.W. Pennsylvania
Homebuilders Association of Philadelphia
Horticultural Society of Erie County
Hunting and Fishing Club of North East
Kerr-McGee Chemical Corporation
League of Women Voters of Pennsylvania
Lower Bucks County Canal Conservation Committee
Millcreek Chamber of Commerce
National Fuel Gas
National Sugar Refining Corporation
Neshaminy Valley Watershed Association
old Philadelphia Development Corporation
Olde City Civic Association
PENNJERDEL Open Space Committee
Penn's Landing Corporation
Pennsylvania Boating Association, Inc.
Pennsylvania State Association of Township Supervisors
Pennsylvania State University
Pennwalt Corporation
Penn Warner Club
Pennypack Park Civic Association
Philadelphia Academy of Natural Sciences
Phiiadelphia Coke
Philadelphia Electric Company
Philadelphia Evening Bulletin
Philadelphia Federation of Sportsmen's Clubs
Philadelphia Industrial Development Corporation
Philadelphia International Airport
Philadelphia Partnership

VII-5

Philadelphia Port Corporation
Poquessing Watershed Association
Presque Isle Yacht Club
Protect Your Environment Club
Publicker Industries
Reynolds Metals Company
Rohm and Haas Company
Scott Paper Comapny
Slippery Rock State College
Silver Lake Outdoor Education Center
Society Hill Civic Association
Stauffer chemical Company
Sun oil company
Sun Shipbuilding and Drydock Company
Temple University
Trout Unlimited-Bucks County Chapter
U. S. Flotilla 5-2
U. S. Flotilla 5-3
U. S. Steel Corporation
University City Science center
Warner Company
Westinghouse Electric Corporation
West Torresdale Civic Association

Others Receiving Copies

All other agencies, groups and persons expressing an interest in
receiving a copy of, the Draft Environmental Impact Statement
Moreover, all major municipal libraries in the two coastal zones
will receive copies for reference.

VII-6

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