United States Department of Commerce final 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
Final Environmental
Impact Statement - ,

U.S. DEPARTMENT OF COMMERCE ,
National Oceanic and Atmospheric Administration -o
Office of Coastal Zone Management StArTs of

-A 1

August 1980

4_. _~ UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Washington. D.C. 20230
OFFICE OF THE ADMINISTRATOR

August 22, 1980

Dear Reviewer:

In accordance with the provisions of Section 102(2)(C) of the National
Environmental Policy Act of 1969, we are enclosing for your review and
consideration the final environmental impact statement prepared by the
Office of Coastal Zone Management, National Oceanic and Atmospheric
Administration, Department of Commerce, on the proposed Pennsylvania
Coastal Zone Management Program.

Any written comments or questions you may have should be submitted to
the contact person identified below by September 29 1980. Also, one
copy of your comments should be sent to me in Room 5813, U.S. Department
of Commerce, Washington, D.C. 20230.

CONTACT PERSON.

John Paul Tolson
Great Lakes Regional Manager
Office of Coastal Zone Management
3300 Whitehaven Street, N.W.
Washington, D. C. 20235
Telephone: 202/634-4124

Thank you for your cooperation in this matter.

Sincerely,

MoyeM.T. Wood
Wood
Di rector
Office of Ecology and Conservation

Enclosures

UNITED STATES DEPARTMENT OF COMMERCE

FINAL ENVIRONMENTAL IMPACT STATEMENT

AND THE

PROPOSED COMMONWEALTH OF PENNSYLVANIA

COASTAL ZONE MANAGEMENT PROGRAM

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 Atmospheric Administration under Section 305
of the Coastal Zone Management Act of 1972 (P.L. 92-583) as amended.
August, 1980

NOTE TOX READERS

The Executive Order, which appears in Appendix A and is discussed on Page
11-4-3, will be signed by the Governor, with no significant changes, prior to
Program approval. The Memoranda of Understanding (MOU), which also appear in
Appendix A and are discussed on Pages II-4-3 and II-4-4, were developed to
better define the interactions between various State agencies and the lead State
agency, the Department of Environmental Resources. It is anticipated that these
M4U, which have no bearing on Program approvability, will be signed with no
significant changes prior to Program approval.

COMMONWEALTH OF PENNSYLVANIA
GOVERNOR'S OFFICE
HARRISBURG

THE GOVERNOR
August 21, 1980

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 have the extreme pleasure to submit the Commonwealth of
Pennsylvania Coastal Zone Management Program and Final Environ-
mental Impact Statement for approval under Section 306 of the
Federal Coastal Zone Management Act of 1972, as amended.

This document is the culmination of-many years of effort
in developing a program for managing the coastal resources of
Pennsylvania in a sound and rational manner. As part of the
comprehensive planning process associated with this endeavor,
affected governmental agencies, interest groups and concerned
citizens at the national, state and local levels have worked
together to identify problems and issues, conduct technical
studies, establish policies, and develop an acceptable and ef-
fective means for implementation. Moreover, the program has
been open to extensive review and comment through a series of
public meetings and workshops, intergovernmental coordinative
mechanisms and, most recently, public hearings to receive f or-
mal testimony on the Draft Environmental Impact Statement.

Based upon the extraordinary degree of involvement and sup-
port demonstrated during the development of the program and my
review of this document, I have approved the Pennsylvania Coastal
Zone Management Program. I will also issue an Executive Order
which endorses the policies of the program, designates the De-
partment of Environmental Resources as the lead agency for re-
ceiving and administering federal implementation grants, and
directs all state agencies under my jurisdiction to enforce and
ac~t consistently with the goals, policies and objectives of the
Coastal Zone Management Program. Furthermore, I certify that

Michael Glazer, Assistant Administrator
for-Coastal Zone Management

Page 2

Pennsylvania has the necessary legal authorities and the organi-
zational structure in place to implement the management program.

I personally feel that the Commonwealth of Pennsylvania, and
its two geographically distinct coastal zones, the Delaware
Estuary and Lake Erie, will benefit a great deal from the finan-
cial and technical assistance provided by the implementation of
the Coastal Zone Management Program. Most importantly, our capa-
city to manage the Commonwealth's limited, but nonetheless extremel
valuable, coastal resources will be greatly enhanced. In this
regard, I am requesting your timely approval of this program.

I would also like to take this opportunity to express my
appreciation for the cooperation and assistance provided by the
Office of Coastal Zone Management through program development.
I am looking forward to the cont, ation of this fine relationship.

DESIGNATION: Final Environmental Impact Statement

. ~~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. John Paul Tolson
Acting Great Lakes Regional Manager
Office of Coastal Zone Management
3300 Whitehaven Street, N.W.
Washington, D.C. 20235
(202) 634-4124

COMMENTS: Review period on this statement ends
September 29, 1980.

TABLE OF CONTENTS

Page
SUMMARY ........................ i
PART I - PURPOSE AND NEED . ..............I-1
PART II - DESCRIPTION OF THE PROPOSED ACTION:
THE PENNSYLVANIA COASTAL ZONE
MANAGEMENT PROGRAM

CHAPTER 1 - INTRODUCTION AND OVERVIEW
Coastal Zone Management in Pennsylvania . . . II-1-1
Coastal Character - Delaware Estuary
Physical and Socio-Economic
Characteristics ............... II-1-2
Uses and Development ............ II-1-3
Coastal Character - Lake Erie
Physical and Socio-Economic
Characteristics. . . ........... II-1-4
Uses and Development ............ II-1-5
Coastal Zone Problems and Issues ........ II-1-6
Defining the Coastal Zone Boundary
Methodology ................. II-1-9
Direct and Significant Impacts ....... II-1-10
Excluded Federal Lands ........... 11-1-11
Description of the Final Coastal
Zone Boundary ................ II-1-11
Program Overview and Benefits ......... II-1-13

CHAPTER 2 - COASTAL ZONE POLICY FRAMEWORK
Introduction ................... II-2-1
Coastal Hazard Areas .............. II-2-3
Dredging and Spoil Disposal .......... II-2-10
Fisheries Management .............. II-2-12
Wetlands .................... II-2-16
Public Access for Recreation .......... 11-2-17
Historic Sites and Structures ......... II-2-21
Port Activities ................ II-2-21
Energy Facility Siting ............. II-2-23
Intergovernmental Coordination ......... II-2-27
Public Involvement ............... 11-2-32

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

Page

Uses of Regional Benefit ........... II-3-14
Energy Facility Planning I
Introduction ... .............
Existing Energy Facilities and
Future Needs in the Delaware
Estuary Coastal Zone ........... II-3-17
Existing Energy Facilities and
Future Needs in the Lake Erie
Coastal Zone ...............-3-26
Procedures for Assessing Suitability
of Sites .......... II-3-33
Enforceable Policies and Authorities
for Managing Energy Facilities ...... II-3-35
Involvement of Interested Public
and Private Parties ...........
Shorefront Access and Protection Planning II-3-36
Requirements ................
Introduction ......11-3-37
: I II I , II-3-37
Riparian Ownership in Pennsylvania .....
Definition of the Term "Beach" and
Identification of Public Areas
Meeting that Definition
Lake Erie Coastal Zone....-3-38
. . . .. .II-3-39
Delaware Estuary Coastal Zone.
A Procedure for Assessing Public Areas
Requiring Access or Protection ....3..
Demonstration Projects for Improved 11 -3-42
Public Access ..............11-3-43
Consideration of SCORP Policies . .....
Identification and Description of
Enforceable Policies, Legal I1-3-44
Authorities, and Funding Programs ....
Shoreline Erosion/Mitigation Planning
Introduction ...... ..........11-3-
Background . . . . . . . . . . . . . . . . .11-3-51
The Problem ................
A Method for Assessing the Effects I1-3-54
of Erosion/Recession .......... .
State Policies and Authorities I I -3-56
Pertaining to Erosion/Recession.
Procedures for Designating Areas
for Control, Mitigation or 11-3-58
Restoration ...............
Procedures for Managing the Effects II -3-59
of Erosion/Recession ...........

CHAPTER 4 - PROGRAM AUTHORITIES AND ORGANIZATION
Management Requirements and Authorities
Introduction ................ II-4-1
Uses Subject to Management ......... II-4-2

Page

Networking Mechanisms ........... II-4-3
Networked Authorities ........... II-4-4
Program Monitoring and Evaluation ...... II-4-7
Permit Process. . ............. II-4-7
Project Review Process ........... II-4-11
Conflict Resolution ... 11-4-13
Legal Conflict Resolution ......... II-4-14
Administrative Conflict Resolution ..... II-4-18

CHAPTER 5 - INTERGOVERNMENTAL/PUBLIC COORDINATION
AND REVIEW

Introduction ................. 11-5-1
Federal Coordination Activities ....... 11-5-1
Federal Agency Consultation ........ 11-5-1
Federal Consistency ............ II-5-3
Incorporation of Water Pollution
and Air Pollution Requirements ...... 11-5-14
National Interest .............11-5-15
Interstate Coordination Activities ...... 11-5-21
State Coordination Activities ........ 11-5-22
Local Coordination Activities ........ 11-5-26
Lake Erie Coastal Zone
Steering Committees ...........11-5-27
Delaware Estuary Steering
Committee ................ II-5-28
Public Involvement .............. 11-5-30

APPENDIX A - EXISTING MANAGEMENT AUTHORITY . . . . . II-A-1

APPENDIX B - KEY PROGRAM REGULATIONS ........ II-B-1

PART III - ALTERNATIVES TO THE PROPOSED ACTION. . III-1

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 FEIS VII-1

PART VIII - COMMENTS RECEIVED ON THE DEIS AND
RESPONSES ................ VIII-1

ATTACHMENT 1 - COMPENDIUM OF COMMENTS RECEIVED
ON THE DEIS

LIST OF FIGURES

Figure Following
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 . .... 11-1-13
i-4 Lake Erie Coastal Zone . . . . . . . . II-l-13
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-4-8
iv-2 Central Office Permit Review
Flow Chart . . . . . . . . . . . . . II-4-8
iv-3 Appeals Process . . . . . . . . . . . . . . II-4-18
iv-4 DER Administrative Conflict
Resolution for Nonenforceable
Policies . . . . . . . . . . . . . . II-4-19
iv-5 State Agency Administrative
Conflict Resolution for
Nonenforceable Policies . . . . . . II-4-19

0~~~~~

*~~~~~~~~~~~~* M
AI
R
0~~~~

SUMMARY

. A. program Summary

The Pennsylvania coastal zone consists of two widely
separated coastal areas. At the extreme northwest corner of the
State, a largely rural shoreline stretches 63 miles along Lake
Erie between the borders of Ohio and New York. Across the State
in the extreme southeast corner, the Delaware River forms a 57-
mile segme nt of largely urbanized coastal area from the furthest
extent of tidal influence near Moirrisville 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. Dredging 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. All State agencies
are directed to comply with the enforceable policies of the
management program through an Executive Order. This is not
required for Program approval, however, since all regulatory
policies included in the Program are executed by the Department
of Environmental Resources. The Commonwealth agencies
responsible for carrying out the nonregulatory policies included
in the management program may enter into Memoranda of Under-
standing with the Department of Environmental Resources. These
Memoranda of Understanding will establish operating procedures
between these agencies and the Department of Environmental
* Resources, The Memoranda of Understanding are not required for
purposes of Program approval.

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 i
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 Control 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 are discussed
in Appendix A.

Two program authorities which are delegated for local
administration based on State standards, 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. A third program authority which has
a provision for delegation for local administration based on
State standards is the Dam Safety and Waterway Management 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 for 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
Coastal Energy Impact Program funds if the sites
,become available.

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

Program 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
authorities.

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 Pennsylvani~a 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. 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 I, 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 Erie coastal zone is as follows:

1. Extends to the international boundary with Canada in
Lake Erie.
2. Extends from 900 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:

iv.

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,
including all tidal tributaries 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 (NOWA 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 $1.3 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 serve to focus the efforts of State agencies,
independent commissions, and executive departments on
the policies of the management program. This should
result in an increased level of coordination and
information exchange between State agencies and the
Pennsylvania Coastal Zone Management Program.

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

3. Measures to simplify coastal regulatory procedures and
improve intergovernmental coordination in the i
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 floodplain 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.

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. Dams, water obstructions and e-n-
croachments proposed in or otherwise affecting any important wet-
land 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 a primary consideration for the permitting
of any action occurring in those wetlands.

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

Social changes a-re 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 ac cess
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
is ~~~constructed with public funds.

6. Increase recreational 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 regulations
along the Lake Erie shoreli ne; 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.

VIA I

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 Coastal Zone Management Program 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 responsibilities 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 through its review and monitoring of
State agency activities within the coastal area, other agencies
will be apprised of projects and activities concurrently.
Formerly, 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 the 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 State's 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. Designation of Bluff Recession Hazard Areas.

2. Adoption of final regulations for the Bluff Recession
and Setback Act and Dam Safety and Encroachments Act.
Proposed regulations for these two pieces of
legislation are found in Appendix B.

F. Major Conclusions

Pending adoption of implementing regulations for the Dam
Safety and Encroachments 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
suf ficiently and that a Final- Environmental Impact Statement will
be issued on the program.

P
A
Part I R
Purpose and Need T

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 Zone 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
"Oceanography 1960-1970" (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 authorized 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, and 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
and adverse changes to ecological system, decreasing open space
for public use, and shoreline erosion". 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 significance"
(Section 302(h)). I

While local government and Federal agencies are required to
cooperate and participate in the development of managemnent
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 Cceans,
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. The updated
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
Reg~ister (61): 18590-18624). For 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 and water uses including
specifically 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 upU
to four years for this program development phase.

After developing a management program, 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 Section 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 Outer Con'tinental
Shelf (OCS) energy activity 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)).

1-2

3. Loans or bond guarantees to states and local
governments to improve public 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.

1-3

Part I
Description ofR
0 ~the Proposed Action:
The PennsylvaniaT
Coastal Zone
Management Program

Chapter 1

Introduction
and
Overview

COASTAL ZONE MANAGEMENT IN PENNSYLVANIA

. ~According to the definition in the Coastal Zone Management Act,
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
location '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, shoref rant industries, and
interested citizens to produce the Coastal Zone Management
Program, which is described in this document.

Pennsylvania made special efforts to coordinate its 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 Drf Technical Reor 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 the program focused an 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

0 ~~~~~~~~~~~~~~~~~~~~~MAINE

CANADA VERMONT de~~~~~~~~~~~

a~~~~~~~~~~~~~~ NEW
q ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ L K PHR

I~~~~~~~~~~~~~PNNSYLANIA JR

MARYLAND DELAWARE ESTUARY
COASTAL ZONE

Figure i-1
D.C. ~~~~REGIONAL LOCATION

L,~V PENNA. COASTAL ZONES

KENTUCKY ~~~~~~~~~~~~~~~~~~~OTHER STATES COASTAL ZONES

TENNESSEE ~~NORTH CAROLINA

Final 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 areas. 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 80,0,00 employees.

Philadelphia Cou nty 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 not extend
right up to the riverfront. 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
to between the Chester Creek in Delaware County and the Frankford

II-1-2

Creek in Philadelphia. still, Tinicum Marsh contains
Pennsylvania's largest tidal wetland 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. port 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 Supply - 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 1.084 billion gallons per
day from the Delaware and Schuylkill Rivers. (The consumptive
loss was estimated at only 8 million gallons per day.)

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 plants, 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 upstream
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

ii-1-30

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 investments.

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
migratory fish by providing a place for spawning and rearing.
Twenty-five indigenous and migratory 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 Pennsylvania's 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 Lake Erie in
Pennsylvania; but there are 50 minor streams, some of which have
. cut deep gorges into the landscape.

II-1-4

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 300 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

II-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 in 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 fish are caught throughout the
year.

Fish and Wildlife Habitat - There are about 40 fish species found
in PennsyTlvaniafs portion of Lake Erie coastal waters. These
fish can be broken down into three main classes; rough fish
. (carp, suckers, etc.), forage fish (shiners, alewife, etc.), and
sport fish. Sport fish includes yellow perch, smallmoutb 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 fishery includes
the following species: muskellunge, northern pike, smallmouth and
largemouth bass, yellow perch, catfishes, crappie, bluegill, and
other sunfishes.

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,
is 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 the 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,
thus aggravating shorefront problems. In addition, many of
the State's coastal areas have experienced recurring,
predictable flooding problems because of a lack of awareness 0
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 catch 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.

9. Intergovernmental Coordination: The coastal zones are
affected by many regulatory programs administered by various
State agencies with differing mandates and regulations.
0 ~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 water,
serious problems will develop which may limit manufacturing,
cause health problems, reduce or imperil aquatic and
terrestrial ecosystems and prohibit water related recreation.

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 potential of
the coastal zones to accommodate the compatible goals of
economic growth, 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.

0 ~~~~DEFINING THE COASTAL ZONE BOUNDARY

Methodology

The Coastal Zone Management Act defines the coastal zone as;
coastal waters . . . and the adjacent shorelands . . . including
transitional and intertidal 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 Management Act
and utilizing the expertise of State, county and local planners,
as well as local officials and citizens.

During the development of the Coastal Zone Management Program,
discussions were held with the neighboring states of Ohio and New
York (for the Erie area) and with Delaware and New Jersey (for
the Delaware Estuary) to coordinate the designation of
Pennsylvania's coastal boundaries.

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 'transportation systems.
Changing vessels and cargo handling techniques have made
certain existing port facilities obsolete. Some port 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 interest at the
national, State and local levels, in the 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.

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 include 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, the Coastal Zone
Management Branch developed a definition of direct and
significant impact.

- The term Direct is defined as a causal relationship in
which the -consequence 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 an
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 freshwater 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.

Is~~~~~~~~~111

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.

S. 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 Act, 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 otjierwise by law subject solely to the discretion of
the Federal government, its officers or agents, are excluded from
the coastal zone.

The exclusion of Federal lands does not remove Federal agencies
from the obligation of complying with the consistency provisionsW
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:

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

FIGURE - 2
SCHEMATIC DIAGRAM OF THE
PENNSYLVANIA COASTAL ZONE BOUNDARY

0~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

0 _ _ _~~~~~~~~~~~~~~~~~~~~St

~~ionmnSAEO TENTNA
~~~~~OUARLINE

TZ~~~~~~~~~~~~~~~~~CATAL ZONE
MA~~~~~~~~~~~~~~~ONDARYEMENT AEA
I~ ~~~~~~~~~~~~~~~~~~TT O R __ I N T E R N A T I O N A L oi

_ _ _ _ _ _ _ _ _ _ _ _et B UD ARY o s L IN

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 eastwar d to the New Jersey state boundary which
is the middle of the Del-aware 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.
4. Extends westward inland varying in width from 1/8 mile
in urban areas like Philadelphia, Bristol and Chester to
over 3-1/2 miles in Falls Township, Bucks County, to
include floodplains of the Delaware and Schuylkill
Rivers and the upper limit of tidal influence on their
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

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

11-1-12

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 900 feet
within places in Erie City to more than three miles in
Harborcreek 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. Detailed maps can be reviewed at the
Department of Environmental Resources Harrisburg, Pennsylvania,
office during working house, Monday through Friday.

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 the policies are new and have been
developed in response to the coastal zone planning
process. Other policies have existed for some time 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 "network" of existing

II-1-13

Figure 1-3

DELAWARE ESTUARY COASTAL ZONE

~4Sq~~ 1(U K

RIA,~~~~~~~~~~~~~~~~~~~

EXCLUDEDI FEDERAL LAIIRS
(major areas sail)

Figure 1-4
LAKE ERIE COASTAL ZONE

- FINAL COASIAL ZONE BOUNDARY I I_____

/ ~~~~~~~~~~~ ~GOGORAPHIC AR EA S OF

C,...~~~~~~~~~~~~~~~~~~~~~~~~ - - , - --------

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 relies 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 has been
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 may
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 Federal
assistance to State and local 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.

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
$1,300,000 per year in program implementation 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
issues 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 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.

Figure i-5

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

Sections
of Approval
Requirements Requlations Paqe

Sec. 306(a) which includes the
requirements of Sec. 305:
305(b) (1): Boundaries 923.31, 923.32,
923.33, 923.34 II-1-9
305(b) (2): Uses subject
to management 923.11 II-4-2
305(b) (3): Areas of particular 923.21
concern 923.22, 923.23 II-3-1
305(b) (4): Means of control 923.41 II-2-1, II-4-
305(b) (5): Guidelines on
priorities of uses 923.21 11-3-1, II-3-
305(b) (6): organizational
structure 923.46 II-4-3, II-4-
305 (b) (7): Shorefront
planning process 923.24 II-3-36
305(b) (8): Energy facility
planning process 923.13 II-3-16
305(b) (9): Erosion planning
process 923.25 II-3-49

Sec. 306(c) which includes:
306(c) (1): Notice; full
participation; consis-
tent with Sec. 303 923.51, 923.58,
923.55, 923.3 II-5-1
306 (c) (2) (A); Plan coordination 923.56 II-5-1
306 (c) (2) (B): Continuing
consultation mechanisms 923.57 II-5-22
306(c) (3): Public hearings 923.58 II-5-30
306 (c) (4): Gubernatorial
review and approval 923.48 II
306 (c) (5): Designation of
recipient agency 923.47 II-4-7
306(c) (6): Organization 923.46 II-4-3, II-4-
306(c) (7): Authorities 923.41 II-2-1, II-4-1
306(c) (8): Adequate consider- II-A-I, II-B-:
ation of national interests 923.52 II-5-14

Page

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

Sec. 306(e) which includes:
306(e) (1): Technique of 923.42
control 923.43, 923.44 II-4-3
306(e) (2): Uses of regional
benefit 923.12 II-3-14

Sec. 307 which includes:
307(b): Adequate consideration
of Federal agency views 923.51 II-5-1
307(f): Incorporation of air
and water quality require-
ments 923.45 II-5-14

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 information, as well as information
concerning areas of national interest establishes overall State
coastal pol'icies 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/Requlatorv 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
Is management policies.

Encouracqement 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 activity0
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 for each
policy under a functional heading is then as follows:

- The "policy" 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
pol icy.

- 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/Policv 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/Reculations

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
REOUIRE MUNICIPALITIES 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)/Policv I-A.1

Bluff Recession and Setback Act, Act of May 13, 1980, which
mandates coastal communities in recession hazard areas to
adopt setback ordinances affecting stationary structures.

Requlation(s): Title 25 Chapter 85.1 et seg., which
requires certain local municipalities, under the Department
of Environmental Resources oversight, to develop and
administer a permitting system that regulates construction
activities in bluff recession hazard areas. Provisions are

11-2-3

also made for: actions in mandamus, calculation of erosion
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/Reaulations

IT IS THE-POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
REGULATE, THROUGH PERMIT, THE SITING OF ANY WATER
OBSTRUCTION OR ENCROACHMENTS ALONG LAKE ERIE, TO ASSURE
PROPER PLANNING, DESIGN, 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)/Policv 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).

iI-2-4

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

PROBLEMS ADDRESSED/Policv 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 rate, thereby threatening existing
development.

POLICY 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, RGULAT[ONS, 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)/Policv I-A.3

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

11-2-.5

among other things, the development of urban sediment
control strategies.

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 Assistance

PROBLEMS ADDRESSED/Policy I-A.4

The presence of high lake water levels, removal of protective
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 erosion, 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.2, I-A.3 X-2).

AUTHORITY(S)/Policv I-A.4

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

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/Policv 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/Reaulations

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) IMPLEMENT A COMPREHENSIVE AND COORDINATED PROGRAM OF
FLOODPLAIN MANAGEMENT, BASED UPON THE NATIONAL FLOOD

11-2-7

INSURANCE PROGRAM, DESIGNED TO PRESERVE AND RESTORE IHE
EFFICIENCY AND CARRYING CAPACITY OF THE STREAMS AND
FLOODPLAINS OF THE COMMONWEALTH, (v) ASSIST MUNICIPALITIES
IN QUALIFYING FOR THE NATIONAL FLOOD INSURANCE PROGRAM,
(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 RELIEF, RESCUE AND RECOVERY EFFORTS.

POLICY I-B.l: 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)/Policv I-B

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 land 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 seq.) The Dam Safety Act, Act of
November 26, 1978, P.L. 1375, as amended, (32 P.S.
Sections 693.1 et seq.)

Requlation(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
associated with floodplains such as: producers of forest
products, and open space, recreation and wildlife habitat areas.

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

II-2-8

may result in significant Pollution, increased flood levels
or flows or debris endangering life and property if such
obstructions are located in a designated portion of the
floodplain. 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;

B. 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 th~e 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:

ii-2-9

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

PROBLEMS ADDRESSED/Po1icv II.-1

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

POLICY 11-1: Enforcement/Regulation

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
ENSURE THAT DREDGING AND SPOIL DISPOSAL AND RELATED
ACTIVITIES INCLUDING THE RECOVERY OF COMMERCIALLY VALUABLE
SAND AND GRAVEL IN THE COASTAL ZONES WILL BE REGULATED TO
PROTECT AGAINST OBSTRUCTION TO NAVIGATION, REDUCTIONS IN
FLOOD FLOW CAPACITY, 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-A, IX-B.1,
IX C).

AUTHORITY(S)/Policv II-1

Pennsylvania Constitution, Article I, Section 27. The Dam
Safety Act, Act of November 26, 1978, P.L. 1375, as amended

II-2-10

(32 P.S. Sections 693.1 et seq.); 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.
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 seqg.); Clean Streams Law,
Act of June 22, 1937, P.L. 1987, as amended (35 P.S.
Sections 691.1 et seq.)

Reaulation(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/Policv II-1

This policy protects navigation, the public interest, and
the environment in coastal areas from adverse impacts due to
commercial and channel maintenance 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. Dredging activities are subject to all
pertinent State and Federal (Corps of Engineers Section 404)
permits.

POLICY II-2: DSD/Hvdraulic Dredaina

PROBLEMS ADDRESSED/Policv I11-2

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 II-2: Encouraqement

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-1, IV, IX-A, IX-B.1, IX-C).

AUTHORITY(S)/Policy 11-2

Pennsylvania Constitution, Article I, Section 27. The Damn
Safety Act, Act of November 26, 1978,' P.L. 1375, as amended
(32 P.S. Sections 693.1 et sei)

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. Principally, hydraulic dredging
is recommended in the Pennsylvania coastal zones because it
generates less turbidity and silt movement than does
mechanical dredging. Increased sediment movement in Presque
Isle Bay or the Delaware Estuary is a highly undesirable
event. Hydraulic dredging, however, may not be appropriate
in all cases. Site location, availability of dredging
options for dredged material disposal, biological resources
which may be adversely affected, and related economic
factors, will be used to recommend the most suitable method
of dredging.

III. FISHERIES MANAGEMENT (FM)

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 appropriate species in the coastal waters, as well as
f or 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.

II-2-12

POLICY III-1: FM/Suport Fish Life

PROBLEMS ADDRESSED/Policv 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, municipal and domestic
wastes; increased turbidity due to improper dredging and spoil
disposal practices; and water withdrawals for industrial,
residential and electric generation use. These activities have
caused severe periodic dissolved oxygen depletions, and have
introduced toxic and hazardous wastes into the waters, thereby
decreasing the amount of clean water for industrial and domestic
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/Requlations

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
ENSURE THAT, 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 FISH, WARM-WATER FISH, OR
MIGRATORY FISH. (Also see Policies I-A.2, 11-1, IV, IX-A,
IX-B.1).

AUTHORITY(S)/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 seq.). The Clean Streams Law, Act
of June 22, 1937, P.L. 1987, as amended (35 P.S.
Sections 691.1 et seq.).

Requlation(s): 25 Pa. Code Chapters 92, 93.

POLICY ACTION/PolicY III-1

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

II-2-13

POLICY 111-2: FM/Stockina

PROBLEMS ADDRESSED/Policy 111-2

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

POLICY 111-2: Direct Action

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
MANAGE THE COMMONWEALTH'S COASTAL WATERS IN SUCH A MANNER AS
TO AUGMENT NATIVE STOCKS AND INTRODUCE APPROPRIATE SPECIES,
ONLY AFTER CAREFUL EVALUATION, SUCH AS MUSKELLUNGE IN IHE
DELAWARE ESTUARY AND SALMONIDS IN LAKE ERIE IN ORDER TO
PROVIDE DIVERSE, UNIQUE, AND BOUNTIFUL CATCHES FOR THE
COMMONWEALTH'S COASTAL FISHERMEN.

AUTHORITY(S)/Policy 111-2

Fish Laws of 1959, Act of December 15, 1959, P.L. 1779, as
amended (30 P.S. Section 2073).
POLICY ACTIONS/Policy 111-2

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

POLICY 111-3: FM/Access

PROBLEMS ADDRESSED/Policv 111-3

Recreation fishing 'constitutes a major use of Pennsylvania's
coastal waters. Sport fishing generates more dollars per fish
harvested than does commercial fishing. 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-I, V-2,
IX-A.1, X-1).

II-2-14

AUTHORITY(S)/Policv 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 seq.).

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.

POLICY 111-4: FM/Studies

PROBLEMS ADDRESSED/Polic II 1-4

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 adverse impacts on fish populations
and recreational and commercial fishermen. Technical information
is needed concerning long-term and short-term effects of
dissolved oxygen depletion on fishes, effect of toxic wastes on
fish stocks, the effects on humans who consume these fishes,
commercial and recreational harvest data, and additional
information to aid in determining theoptimum 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)/Policv 111-4:

No authority required.

POLICY ACTIONS/Policy III-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 to the coastal areas of the Nation. In addition to
providing habitat areas for fish and wildlife, wetlands provide
natural flood control, improved water quality, flow stabilization
and environmental diversity. In spite of these 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.

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-l: Enforcement/Reaulations

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
COMMONWEALTH'S COASTAL AREAS BY REGULATING THROUGH PERMIT:
DRAINING, DREDGING, FILLING, AND OTHER ACTIVITIES THAT
AFFECT WATER QUALITY COURSE, CURRENT OR CROSS SECTION OF ANY
WATER COURSE, FLOODWAY OR BODY OF WATER. THIS INCLUDES
REGULATED ACTIVITIES IN OR OTHERWISE AFFECTING ANY IMPORTANT
WETLAND. THIS WILL ENSURE THE CONSIDERATION OF THE WETLANDS'
PUBLIC VALUES SUCH AS; AREAS OF FISH AND WILDLIFE HABITAT,
INCLUDING ENDANGERED SPECIES AS IDENTIFIED IN THE FEDERAL
ENDANGERED SPECIES ACT OF 1973, STORAGE AREAS FOR FLOOD
WATERS, BUFFERS AGAINST SHORELINE EROSION, AND WATER PURIFI-
CATION AREAS.

POLICY IV-i.i: 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, PESTICIDES, SALTS, AND TOXIC MATERIALS INTO
WETLANDS. (Also see Policies I-A.3, 11-2, II1-1, IX-A.1,
IX-B.1, X-3).

11-2-16

AUTHORITY(S)/Policv IV-l, 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 seq.); Clean Streams Law, Act of
June 22, 1937, P.L. 1987, as amended (35 P.S. Sections 691.1
et seq.); Storm Water 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 amended
(3 P.S. Sections 849 et seq.).

Regulation(s): 25 Pa. Code, Chapters 91, 92, 93, 94, 95,
97, 99, 100, 101, 102, 105, 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 to protect
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. Any activity impacting wetlands must
receive all pertinent State and Federal Corps of Engineers
Section 404) permits before it may occur.

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
Commonwealth's coastal areas is not being adequately
accommodated.

II-2-17

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

AUTHORITY(S)/Policv 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 Commonwealth's
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, 1929,
P.L. 177, (71 P.S. Section 670.101).

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

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

II-2-18

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. Furthermore, efforts will be made to coordinate
with the Commonwealth's Scenic Rivers and Trails Programs,
which may lead to enhanced water quality and increased
recreational opportunities.

POLICY V-2: PAR/GeoaraDhic Areas of Particular Concern (GAPC'S)

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.

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: Encouraaement

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
GIVE HIGH PRIORITY TO ACQUISITION AND/OR DEVELOPMENT OF
GAPC'S, 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-i,
IX-A).

AUTHORITY(S)/Policv 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-i: PAR/Additional Access.

II-2-19

POLICY ACTIONS/Policv V-2

As a result of this policy, pertinent State and Federal
program funds will be actively solicited to promote and
encourage the development of public recreation opportunities
in GAPC's designated as Areas of Significant Natural Value
and Areas of Historic, Cultural or Recreational
Significance.

VI. HISTORIC SITES AND STRUCTURES (11S5)

Historic preservation is 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
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 of 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,

II-2-20

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: Encouraaement

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
ARCHAEOLOGICALLY, ARCHITECTURALLY AND HISTORICALLY
SIGNIFICANT S ITES AND STRUCTURES IN THE COMMONWEALTH' S
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) et 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.

POLICY ACTIONS/Policv VI

0 ~~~This policy provides focus to and resources for the
implementation of the State Historic Preservation Plan 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

11-2-21

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 by providing excellent storm 0
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.

POLICY VII-1: Port Activities/Development

PROBLEMS ADDRESSED/Policy VII-l

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-l: Encouracement

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

AUTHORITY(S)/Policv VII-1

No specific authorities required.

POLICY ACTIONS/Policy VII-1

This policy focuses the ongoing attention and resources of
pertinent State agencies toward the problems of preserving
and enhancing the economic viability of the Commonwealth's
coastal ports.

11-2-22 0

POLICY VII-2: Port Activities/PlanninQ

PROBLEMS ADDRESSED/Policy VI!-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: Encouracement

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, ENHANCEMENT, AND DEVELOPMENT OF WATER
DEPENDENT ECONOMIC ACTIVITIES. (Also see Policy V-i, IX-A,

AUTHORITY(S)/Policv 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 on an ongoing basis for
the future development and growth of the Port of Erie and
the ports of the Delaware Estuary. Upon completion and
favorable review of these plans and studies by the Coastal
Zone Management Branch, the findings and goals of these
studies will be incorporated into the Pennsylvania Coastal
Zone Management Program. 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.

POLICY VII-3: Port Activities/Urban Base Enhancement

PROBLEMS ADDRESSED/Policy VII-3

Urbanized areas of the Commonwealth's coastal zones serve as
valuable residential, commercial, and industrial centers. The
economic base in many of these areas is weakening, however, due
to aging of facilities, changing technology and lack of modern
infrastructure. This determination has created both economic and

11-2-23

social problems, which in turn contribute to the general
deterioration of the Commonwealth's urban coastal environment.

In order to stem and reverse such deterioration, it is imperative
that: existing viable economic activities be aided and enhanced,
that new economic activities which are adaptable to new
technologies and changing needs be encouraged and aided in
locating in these areas, and improvements be made to the
infrastructure (i.e., roads, terminals, etc.) to facilitate these
activities.

POLICY VII-3: Encouraqement

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
UTILIZE FISCAL AND OTHER AVAILABLE MANAGEMENT RESOURCES TO:
ENCOURAGE THE ENHANCEMENT OF CURRENT VIABLE ECONOMIC
ACTIVITIES, ENCOURAGE THE ATTRACTION OF NEW ECONOMIC
ACTIVITIES WHICH ADAPT TO THE AREAS' CHANGING NEEDS, AND
ENCOURAGE IMPROVEMENTS IN THE AREAS' INFRASTRUCTURE TO
PROVIDE A STRONG ECONOMIC BASE FOR THE URBANIZED SECTIONS OF
THE COMMONWEALTH'S COASTAL ZONES.

AUTHORITY(S)/Policv VII-3

No specific authorities required.

POLICY ACTIONS/Policy VII-3

The Coastal Zone. Management Program will provide funds,
stimulate coordination, and utilize management expertise for
the development of plans and programs designed to enhance
current economic activities in, attract new economic
activities to, and improve the infrastructure of the
Commonwealth's urbanized coastal areas.

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.

11-2-24

POLICY VIII-1: EFS/Permittinq

PROBLEMS ADDRESSED/Policv 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/Requlations

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
ENSURE THROUGH REGULATIONS, BY PERMIT, THAT ENERGY
FACILITIES SUCH AS OIL AND GAS REFINERIES, ELECTRIC
GENERATING STATIONS (COAL, HYDRO, OIL AND GAS), ELECTRIC
GENERATING SUBSTATIONS, 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-l, VIII-2, IX-A, IX-B.1, IX-B.2).

AUTHORITY(S)/Policv VIII-1

Pennsylvania Constitution, Article I, 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 8, 1960, P.L. (1959) 2119, as
amended (35 P.S. Sections 4001 et seq.); The Clean Streams
Law, Act of June 22, 1937, P.L. 1987 (35 P.S. Sections 691.1
et seq.); The Dam Safety Act, Act of November 26, 1978,
P.L. 1375, as amended (32 P.S. Sections 693.1 et seq.); Soil
Conservation Law, Act of May 15, 1945, P.L. 547, as amended
(3 P.S. Sections 849 et seq.); 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 seq.); Act of
July 1, 1978, P.L. 598 (66 PA. C.S. Sections 1101 et seq.).

Requlation(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

II-2-25

will be utilized in developing studies and siting procedures
designed to improve the current site selection process.

POLICY VIII-2: Enerqy 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/Requlations

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
TO MINIMIZE ADVERSE AIR AND WATER QUALITY IMPACTS ASSOCIATED
WITH RESOURCE EXPLORATION AND DEVELOPMENT. (Also see
Policies II-1, IV, VIII-l, 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.).

Requlation(s): 25 Pa. Code Chapters 79, 80, 105; 66 Pa.
Code Chapter 1 et seq.

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.

II-2-26

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: Encouracement

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

AUTHORITY(S)/Policv 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: Enerqv 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.

11-2-27

POLICY VIII-4: Encouraqement

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
SUPPORT THE DEVELOPMENT OF OUTER 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/Policv 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.

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/Consistencv

PROBLEMS ADDRESSED/Policy IX-A

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.

11-2-28

POLICY IX-A: Enforcement/Reaulations

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)/Policv IX-A

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.

POLICY IX-B.1: IC/Water Qualitv

PROBLEMS ADDRESSED/Policv 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 water.

POLICY IX-B.I1: Enforcement/Requlations

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT 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.

II-2-29

AUTHORITY(S)/Policv 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 sec.).

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

POLICY ACTIONS/Policv IX-B.1

By adopting the goals of the Clean Water Act (which
incorporates the Federal National Pollution Discharge Elimination
System Program delegated to the Commonwealth), 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 schedules
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; establish 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.

POLICY IX-B.2: IC/Air Oualitv

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 in
EPA air quality regions, Northwest Pennsylvania, Youngstown
Interstate and Metropolitan Philadelphia Interstate Control
Regions, are that both experience periodic violations of the
National Ambient Air Quality Standards for carbon monoxide and
photochemical oxidants: violation of the National Ambient Air
Quality Standards are experienced for carbon monoxide and
photochemical oxidants in the Delaware Estuary coastal zone; and
violation of the standards for particulates in oxidants in the
Lake Erie coastal zone.

Pennsylvania's State Implementation Plan (SIP) prepared for
metropolitan areas of more than 200,000 population, is consistent
with the Coastal Zone Management Program because the State plan
was adopted by the Program. In addition, the SIP indicates that

11-2-30

reduced emissions from existing industries, coupled with "offset"
required by EPA, will allow room for new industries consistent
with coastal zone goals and policies.

Stationary sources of pollution such as power plants, steel
mills, manufacturing and painting facilities currently require
State permits. In areas that currently meet standards, permits
are required to prevent significant deterioration (PSD) of air
quality. This Coastal Zone Management Program will not alter
this existing regulatory authority. Agencies involved in air
quality planning for mobil sources of pollution will continue to
examine opportunities for emission reduction both inside and
outside of the coastal zones. Transportation facilities and
improvement which reduce traffic volumes or decrease emission,
will be supported and endorsed by the Coastal Zone Management
Program.

POLICY IX-B.2: Enforcement/Reculations

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
ADOPT BY REFERENCE, 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 seq.); The
Administrative Code of 1929, Act of April 9, 1929, P.L. 177,
as amended (71 P.S. Section 510-1).

Requlation(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 (SIP) for stationary and mobil sources
of pollution in the Commonwealth'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

II-2-31

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.

POLICY IX-C: Encouraoement

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
PERIODICALLY INITIATE, COORDINATE, 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).

AUTHORITY(S)/Policv IX-C

Pennsylvania Constitution, Article I, 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.

POLICY IX-D.: IC/Choices for Pennsvlvanians

PROBLEMS ADDRESSED/Policv IX-D

In the past problems facing the Commonwealth such as a
deteriorating economic base, a deteriorating housing stock, urban
decay, aging infrastructure, unwise utilization of natural
resources, destruction or degradation of key natural resources,
and at times cumbersome permitting systems, were being addressed
for the most part unilaterally by individual State agencies.
Recently, however, the Commonwealth has realized the need to
address these interrelated problems in a comprehensive and
coordinated manner and has developed a unified strategy to
accomplish this as presented in "Choices for Pennsylvanians"
(Toward an Economic Development and Community Conservation
Strategy); as prepared by the Governor's Office of Policy and
Planning.

POLICY IX-D: Encouraaement

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAMTO
EMBRACE THE CONCEPTS SET FORTH BY "CHOCIES" AND TO PROMOTE
THE POLICY OBJECTIVES AND POLICIES OF "CHOICES" IN THE
COMMONWEALTH'S COASTAL ZONES; TO THE EXTENT PERMITTED BY THE

11-2-32

COASTAL ZONE MANAGEMENT PROGRAM'S COORDINATIVE MECHANISMS
AND IMPLEMENTATION RESOURCES.

AUTHORITY(S)/Policv IX-D

No authority required.

POLICY ACTIONS/Policv IX-D

Commonwealth agencies' actions will be coordinated and
integrated (as advocated by "Choices") in the Commonwealth's
coastal zones via the Coastal Zone Advisory Committee and
the Coastal Zone Steering Committees. Coastal zone
management funds will be utilized to promote permit
simplification, to promote wise local planning which
embraces the concepts of "Choices" and to assist in the
development of local economic and natural resource oriented
studies which reflect the policies of "Choices". Coastal
zone management funds will not be utilized for any project
or activity which is contrary to the policies of "Choices".

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-l: Direct Action

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

II-2-33

AUTHORITY(S)/PolicV X-1

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

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: Encouraqement

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
COMMONWEALTH'S COASTAL ZONE MANAGEMENT PROGRAM, THROUGH THE
DEVELOPMENT OF EFFECTIVE COMMUNICATION AND PARTICIPATION
MEASURES. (Also see Policy X-l).

AUTHORITY(S)/Policv 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.

II-2-34

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, to review
the Coastal Zone Management Program with respect to public
responsiveness and fulfilling the needs of the Commonwealth, and
to review the effectiveness of regulations pertaining to coastal
resources.

POLICY X-3: Encouraqement

IT IS THE POLICY OF THE COASTAL ZONE MANAGEMENT PROGRAM TO
ESTABLISH A COASTAL ZONE ADVISORY COMMITTEE WHOSE PURPOSE
WILL BE TO: PROVIDE A FORUM FROM WHICH TO ADDRESS STATE AND
LOCAL COORDINATION ON COASTAL ISSUES, PERIODICALLY REVIEW
THE COASTAL ZONE MANAGEMENT PROGRAM WITH RESPECT TO PUBLIC
RESPONSIVENESS AND MEETING THE NEEDS OF THE COMMONWEALTH,
AND TO ADVISE THE ENVIRONMENTAL QUALITY BOARD ON REGULATIONS
AFFECTING COASTAL RESOURCES.

AUTHORITY(S)/Policv X-3

No specific authority is needed.

POLICY ACTIONS/Policy X-3

Pursuant to this policy, 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.

II-2-35

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 "an inventory and designation of areas
of particular concern within the coastal zone"
(Section 3Q5(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 - GAPC may be 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 P
fish access areas, and key histor.cal sites in the
coastal zones are managed by State agencies which have
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.

Therefore, high priorities for these designated GAPC
will be 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
managed by the authority of the Bluff-Re-cession 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 results will prevent and eliminate 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 I'sle Bywhich is managed under the
authorities 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 uises 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. Bluff
recession leads to a loss of public investment as a

II-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
S ~type. "Nominated" GAPC will be eligible to receive coastal zone
management funds when they qual~ify for "designation" or address
one of the program's principal policy areas.

In order 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.

Criteria 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 sicinificant natural value are determined according to

the concentration of natural characteristics that are either

II-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 sails.

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, or 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, in Falls Township,
Delaware Estuary, is a prime example of such an area. In this
privately owned overlap area, the land use plan of Falls Township
indicates an appropriate open space area surrounding a central
area which is earmarked for industrial development. The Penn's
Landing area in Philadelphia and the Presque Isle Say 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
will be encouraged to determine priority uses within overlap

II-3-4

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 GAPC 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 Sionificant 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 space, 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
is 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
Is ~~~~~active recreation activities such as trails.

II-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 serv-ed with urban infrastructure, can be used to
satisfy many essential purposes, 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, expansion, or upgrading of the
ports cargo handling capabilities to meet both
current and future demands.

2. Such high impact uses as energy production and
transfer and dredge spoil disposal may be
located in pertinent development opportunity
GAPC continguous with existing energy activities
-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 Brie coastal zone only).

- Iedium 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 Siqnificant Recreational, Historic,
or Cultural-V-alue - 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

II-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 not preclude recreation access to
the lake waters (Lake Erie coastal zone).

- Low Priority Activities

1. Development, public or private, which fails to
contribute to the cultural, recreational or
historic activities in the area.
Overlap Areas Constitute a Special Case - They contain valuable
natural amenities as well as o'fer 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 of0 the area and are not mutually
exclusive of either.

Inventory of 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 I of this document. Designated GAPC
appear with one asterisk (*) to denote State ownership and two
asterisk (**) to denote State regulation. Currently, no GAPC
have been designated by virtue of contractual agreement.

I1-3-8

Bucks County GAPC

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

NV-4 Biddle-Andalusia Area 140
NV-5 Street Road Area 16
NV-6 Biles Island 50
(perimeter) (100' riverfront
setback)

Development Opportunity Areas

DO-11 Burlington-Bristol Bridge 340
Area
DO-12 Turkey Hill - Van Sciver 2,046
Area
DO-13 Fairless Works Area 511
DO-14 Money Island Area 566
DO-15 Biles Island (central 550
area)

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 18
* 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

Lake Erie Coastal Zone

Western Study Area GAPC

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

11-3-10

Delaware Estuary Coastal Zone

Delaware County GAPC

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

NV-1 Little Tinicum Island 103

Development Opportunity 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-5 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

II-3-9
II-3-9

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

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, historic, or
cultural value, or
4. Overlap areas.

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) 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

II-3-12

Restoration", so that as the program is implemented "special
attent~ion" can be focused on these areas.

Areas for Preservation or Restoration (APR) are a special type of
GAPC. All areas designated as GAPC for purpose of meeting
requirements for Program approval are considered APR. They will
receive special management attention because of their natural
resource value. Nomination and designation of APR 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.

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 an 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 Counties) - 1,200 acres

II-3-13

Fort Mifflin Disposal Area (Philadelphia County) - 420 acres

Mustin Field (Philadelphia County) - 175 acres

Frankford Arsenal (Philadelphia County) - 150 acres

A map identifying these major excluded Federal lands is located
in Chapter I (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 for a method 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.

Uses 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

II-3-14

by pipeline or conduit, for the public for
compensation.

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

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 bolder 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. Once the
Public Utility Commission has issued its Certificate
of Public Convenience (Act of October 25, 1970, Public
Utilities Code (P.LD. 707, No. 230), Pa. Consolidated
Statues, Title 66, Chapter 11.1 et seq., for energy
facilities, water supply or waste water treatment
facilities, no local jurisdiction may exclude such
facility from locating within its jurisdiction.

II-3-15

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, particularly those0
under enforceable policies in Section 11-2 which
provide the Department with a separate and coequal
project review authority as that of the Public Utility
Commission.

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
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-public
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 ordinances.

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

I1-3-16

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 impacts.

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 technologies now being used to meet normal
levels of demand.,

PECO currently operates six fossil-fueled steam generating plants
in the coastal zone. Oil is the principal fuel for converting
water to steam at coastal zone plants, although coal is used at

'Mid-Atlantic Area Council, Regional Reliability Council
Coordinated Bulk Power Supply Program, April, 1980, P. Il-A-18 to
11-A-21.

I1-3-17

two units of the Eddystone plant. PECO also operates a nuclear
generating plant located outside the coastal zone.

Eight combustion turbine and internal combustion facilities,
provide supplemental capacity for peak demand periods, 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,
Schuylkill, and Chester stations by 1985, due in part to
additional nuclear capacity at Salem, New Jersey, and at the new
Limerick station near Pottstown. An additional 800 MW of
capacity from unassigned oil units operated by PECO is scheduled
for retirement in 1987.

The existing facilities and generating capabilities for the
Delaware Estuary coastal zone are summarized in the following
table. While the coastal zone's contribution to PECO's capacity
is considerable, it is heavily dependent on increasingly
expensive and decreasingly reliable oil sources. (See Primary
Fuel type in Figure iii-l). 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 KV.
Major Transmission lines (230 KV) cross the Delaware River in
three locations, at the Richmond and the Croydon 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

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.
3Mid-Atlantic Area Council, OD cit., Section V-A.
4Ibid, Section V-A.

FIGURE iii-I
ELECTRIC GENERATING FACILITIES AND CAPABILITIES
IN THE DELAWARE ESTUARY COASTAL ZONE
(As of January 1, 1980)

Primary Fuel
Net
Location - In-Service Unit Capability-MW Fuel Transp.
System Station Name Unit No. Date Type Summer Winter Type Method Notes

PJM Chester 5,6 1941,42 ST 124 130 F06 WA Unit #5 is presently
Chester City 7 1969 GT 13 18 F02 TK mothballed.
Delaware Cty. 8 1969 GT 13 18 F02 TK Units #5 and 6 to be
9 1969 GT 13 18 F02 TK retired, Dec., 1980.
D 1967 IC 2.7 2.7 F02 TK

PJM Croydon 11 1974 GT 49 63 F02 WA Symbol Codes
Bristol Twp. 12 " GT 49 63 F02 WA
Bucks Cty. 21 " GT 49 63 F02 WA Unit Type:
22 " GT 49 63 F02 WA
31 " GT 49 63 F02 WA ST - Steam Turbine
32 " GT 49 63 F02 WA nonnuclear
41 " GT 49 63 F02 WA GT - Combustion Turbi:
42 " GT 49 63 F02 WA IC - Internal Combust
IC & GT generally use
PJM Delaware 7 1953 ST 126 128 F06 WA for peak demand
Philadelphia, 8 1953 ST 124 128 F06 WA
Pennsylvania 9 1970 GT 15 20 F02 TK Fuel Type:
10 1969 GT 13 18 F02 TK
11 1969 GT 13 18 F02 TK F06 - No. 6 Fuel Oil
12 1969 GT 13 18 F02 TK F02 - No. 2 Fuel Oil
D 1967 IC 2.7 2.7 F02 TK BIT - Bituminous Coal

PJM Eddystone 1 1960 ST 301 321 BIT RR Transportation Method
Eddystone Boro 2 1960 ST 334 343 BIT RR
Delaware Cty. 3 1974 ST 380 380 F06 WA WA - Water
4 1976 ST 380 380 F06 WA TK - Truck
10 1967 GT 13 18 F02 TK RR- Rail
20 1967 GT 13 18 F02 TK PL - Pipeline
30 1970 GT 15 20 F02 TK
40 1970 GT 15 20 F02 TK

Source: See Footnote

FIGURE iii-i (Cont.)
ELECTRIC GENERATING FACILITIES AND CAPABILITIES
IN THE DELAWARE ESTUARY COASTAL ZONE
(As of January 1, 1980)

Primary Fuel
Net
Location - In-Service Unit Capability-MW Fuel Transp.
System Station Name Unit No. Date Type Summer Winter Type Method Notes

PJM Falls 1 1970 GT 15 20 F02 TK
Falls Twp. 2 " GT 15 20 F02 TK
Bucks Cty. 3 " GT 15 20 F02 TK

PJM Richmond 9 1950 ST 166 175 F06 WA Unit #9 to be retired
Philadelphia 12 1935 ST 108 115 F06 WA 1985.
Pennsylvania 21 1971 GT 30 39 F02 WA Unit #12 presently
22 " GT 30 39 F02 WA mothballed.
31 " GT 30 39 F02 WA
32 " GT 30 39 F02 WA
41 " GT 20 29 F02 WA
42 " GT 20 29 F02 WA
43 " GT 20 29 F02 WA
44 " GT 20 29 F02 WA
51 " GT 30 39 F02 WA
52 " GT 30 39 F02 WA
61 " GT 30 39 F02 WA
62 " GT 30 39 F02 WA
71 " GT 20 29 F02 WA
72 " GT 20 29 F02 WA
73 1970 GT 20 29 F02 WA
74 1970 GT 20 29 F02 WA
81 1973 GT 48 66 F02 WA
91 1973 GT 48 66 F02 WA
92 1973 GT 48 66 F02 WA
D) ~1967 IC 2.7 2.7 F02 WA

PJM Schuylkill 1 1958 ST 166 175 F06 PL "Topping Unit"
Philadelphia 3 1938 ST 47 54 F06 PL
Pennsylvania 9 1916 ST 30 35 F06 PL Unit #9 to be retired
10 1969 GT 13 18 F02 TK in 1981
11 1971 GR 15 20 F02 TK
D 1967 IC 2.8 2.8 F02 TK

FIGURE iii-i (Cont.)
ELECTRIC GENERATING FACILITIES AND CAPABILITIES
IN THE DELAWARE ESTUARY COASTAL ZONE
(As of January 1, 1980)

Primary Fuel
Net
Location - In-Service Unit Capability-MW Fuel Transp.
System Station Name Unit No. Date Type Summer Winter Type Method Notes

PJM Southwark 1 1947 ST 178 188 F06 WA
Philadelphia 2 1948 ST 178 188 F06 WA
Pennsylvania 3 1967 GT 13 18 F02 TK
4 1967 GT 13 18 F02 TK
5 1967 GT 13 18 F02 TK
6 1968 GT 13 18 F02 TK
D 1967 IC 2.7 2.7 F02 TK

margin of surplus capacity over demand from about 36 percent to
38 percent.

PECO participates with ten other Mid-Atlantic region utilities in
a coordinated power pool known as the Pennsylvania-New Jersey-
Maryland Interconnection (PJM). Based on data provided by the
Mid-Atlantic Area Council (MAAC), the PJM margin is projected to
drop from the current 34 percent to 32 percent in 19895,
potentially placing more reliance an interconnection capabilities
within the pool and with neighboring pools.

Meanwhile, the PECO margin, now lower than that of the PJM, 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 facilities for oil-fired
equipment, PECO will reduce the amount of power purchased.

The prospective retirements of oil-fired equipment at the Chester
*5, *6, Schuylkill *9 and the Richmond *9 in Philadelphia raises
the issue of possible additional 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 these 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.' Thus, the likelihood that coal-fired
plants would be developed in the Delaware Estuary coastal zone is
further diminished.

Although no hydroelectric facilities currently exist in
Pennsylvania's coastal zones, one has been proposed at the
Schuylkill River's Fairmount Dam on the inland border of the
Delaware Estuary coastal zone. Therefore, the possibility does
exist that in the future, hydroelectric power may become a part
of Pennsylvania's coastal zone energy base.

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.

:Ibid, p. III-A-1
'See *5.

11-3-19

Petroleum Refinina, Distribution and Related Facilities

Existing and Proposed Facilities - Four major refineries, with a
total through-put capacity of 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-
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.'

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

;Oil 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 "throughput capacity"
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, "Petrochemicals" (1978 update), 1976 with updates.
'Worldwide Petroleum Directory, 1978, Petroleum Publishing
Company, Tulsa, 1977.

II-3-20

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 and 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

Future 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 States.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
in order to strengthen their own economies.'s 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."6
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

IODelaware River Basin Commission, Petroleum Pipelines in the
Delaware River Basin (maps), 1973 with 1974 update.
&'The Philadelphia Inquirer, "ARCO Begins Construction . . .
May 22, 1979.
l2Ibid., "Regional: Sun Company Announced . . .," July 21, 1979.
IsThe Philadelphia Bulletin, "Gulf Slates . . .," July 2~, 1979.
14Oil and Gas Journal, o cit., (see 11).
sP-latE's Oilgram News,-'PIR-INC Criticizes (Import) Quota Plan,"
September 19, 1979, p. 5.
"GMeeting 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.

Available literature cites land requirements of 1,000 acres or
more for the siting of major new refineries (250,000 + b/d).'8
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.1' 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 (PECO)
provides natural gas in coastal zone portions of Bucks and
Delaware Counties, as well as in most inland areas of
Philadelphia's Pennsylvania suburbs.

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

IsNew England River Basin Commission, o. cit., p. G.12.
"tMeeting of October 31, 1979 (see #10).
20Camden Courier Post, September 9, 1979; the article indicated
the refinery was being planned by a "Houston, Texas-based
consortium of four oil companies" (they were unnamed).
2'Frederick T. Blancard, Assistant Manager--Rates, Philadelphia
Gas Works, letter dated September 18, 1979.

II-3-22

Conshohocken, in Montgomery County.22 PGW has one additional gas
production facility in the coastal zone. This facility is
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 from 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

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 Philadelphia 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

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.
25Philadelphia City Council, Bill No. 2148, concerning an
easement agreement with Texas Eastern Transmission Corporation,
introduced August 2, 1979.
26F.T. Blanchard, letter, op cit., (see 11).
27Philadelphia Electric Council, Annual Report, 1978, p. 31.

II-3-23

gas, and would strengthen the utility's access to such supplies
thccough participation in joint venture drilling operations in
Appalachia and the Southwest.26

. ~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 PGW's SNG facility. As noted in
recent analysis, it was originally assumed that naphtha would be
available from a local refinery.2' 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
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

281bid, P. 9-11.
29E.L. Cliett, letter, op cit., (see *)

II-3-24

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 future Outer Continental Shelf oil and gas
development support base needs, will be provided by East Coast
cities. The most competitive Mid-Atlantic sites for additional
bases would be on the Atlantic coast or in the Lower Delaware
Bay. Navigational, distance and on-shore space considerations do
not make Pennsylvania locations favorable.'2

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

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 Pennsvlvani-'Fsoastal Zone Manacement Plan,
November 30, 1977, 165 pp.
3ZIbid, Chapter 1. Also see U.S. Department of Commerce,
Delaware Coastal Management Program, Energy Facilities, n.d.,
p. 30-33; and New Jersey 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.

II-3-25

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
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, a PJM pool member, is an operating subsidiary of General
Public Utilities Corporation, located in Parsippany, New Jersey,
which also owns the Metropolitan Edison Company and the Jersey

33U.S. Army Corps of Engineers, Waterborne Commerce of the United
States, Part 1, Waterways and Harbors Atlantic Coast, annually
published, 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 Region, Technical Report No. 15, 1974.
35Philadelphia City Planning Commission, letter dated April 9,
1980 and follow-up telephone conversation, April 11, 1980.
36"Coking Shortages Forcing Up Imports, Researchers Say", The
Philadelphia Inquirer, November 2, 1979, p. 11-C.

II-3-26

Central Power & Light Company. The Erie area is part of the
Pennsylvania-New Jersey-Maryland Interconnection (PJM) region
which, in turn, is directly connected to the New York Power Pool,
Virginia-Carolinas Pool, Allegheny Power System, and the Central
Area Power Coordination Group. Through PJM and MAAC the Erie i
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.

Currently, the only utility-owned electrical generation capacity
within the Lake Erie coastal region is provided by The
Pennsylvania Electric Company. A 118.8 MW (nameplate) coal-fired
generating plant 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 generating plant in Indiana County, Pennsylvania,
and one links the PJM network into a transmission artery running
from Cleveland to Erie and with reduced capacity (230 Ky) to
Buffalo, New York. Voltage lines (230 Ky and 115 1(V) also 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

II-3-27

area to a generating plant owned by Ontario Hydro at Nanticoke.
A 1994 operational date is being proposed for this project.

The Coho Generating Station (Girard Township) - The Pennsylvania
Electric Company has announced intention to construct a
690 megawatt fossil fuel generation plant one mile west of Lake
City 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 month of Elk Creek, and on the south by the existing
Erie West Substation. The plant site is divisible into three
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 Central
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 Front Street 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.37

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 at Erie West substation. During
1979, Penelec provided electric service at wholesale rates for 13
rural electric distribution co-ops, and also supplied six
municipalities and two small investor-owned utilities. This
wholesale demand accounted for approximately five percent of
Penelec's electric revenue.

37Environmental Report for Coho Generating Station Unit I,
Volume I, General Public Utilities Corporation, 1979, p. 1-42.

11-3-28

The U.S. Steel Pln (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 of0
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
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.38 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 Ky.
Substation transformers will step the voltage down to 138 Ky
before being linked to the internal sub-transmission of the
plant.39

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 Ned 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. Currently, two cribs in Fairfield ~Township
allow for off shore unloading of refined petroleum products. The

3""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.
391bid, Section 1.225, p. 1-132.

I1-3-29

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.

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
recommendations 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 1978, 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.

II-3-30

Lake Erie natural gas development.40 Before drilling permits will
be issued, a Phase II study including a draft environmental
impact statement will need to be completed.
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-sufficien cy. 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
3-rilli-n-ghas occurred within the Lake Erie coastal zone.
Currently, exploration is most ol.-vious 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

40An Examination of Issues Related to U.S. Lake Erie Natural Gas
Development, Pregpar~ed 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.

II-3-31

natural gas along the bay front of the City of L --e. Among those
corporations supporting this venture are Erie Sand and Gravel
Company, Erie 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
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 i~n 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
Erie 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.*'

4'Environmental Report for COHO Generating Station Unit I,

Volume I, General Public Utilities Corporations, 1979, p. 2-52.

I1-3-32

Procedures for Assessing Suitability of Sites

Legal Mechanisms - Through the Public Utility Code's Certificate
of Public Convenience (Act of October 25, 1970, Public Utilities
Code, (P.L. 707, No. 230), Pa. Consolidated Statutes, Title 66,
Chapter 11.1 et seg.), 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
(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 faci~lity
siting. By local identification of potential sites for energy

IT-3-33

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
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 coastail 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 GAPC, 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

11-3-34

permits. These permits are listed in Chapter 2 under Authorities
for Energy Facility Siting.

Enforceable Policies and Authorities for Managing Energy 0
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.

Pennsylvania's Coastal Zone Management policies and authorities
pertinent to energy facility management are presented in detail
in Chapter 2, Policies VIII-l 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 0
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). Recommendations
concerning alternative sites and alternative forms of energy
productions should be presented at the PUC hearing process.
Concerns on potential environmental impacts should be expressed
to the Environmental Hearing Board. 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

11-3-35

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.

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 description of enforceable
policies, legal authorities, funding programs and
other techniques that will be used to provide

Is II~~~~~~~~~~1-3-36

shorefront access and protection. 15 CPR 923.24
(March 28, 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 Nation's population
lives in counties bordering our oceans and the Great Lakes. With
increased leisure time and mobility, this growing population has
created an intense demand for shoreline recreation.' However, at
the same time, land previously available 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 i n'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 Pennsylvania.holds title to the land beneath Lake
Erie in trust for the 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 Commonwealth's 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.

I1-3-37

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
is in more or less active transit along shore or on-and-off
shore . *" *42

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 Program,
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.43

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.

42Johnson, Douglas, Wilson, Shore Processes and Development, New
York, Hefner Publishing Company, 1965, facsimile of the 1919
edition.
43Sheppard, Francis P., Submarine Geology, Harper and Row, New
York, New York; Second edition, 1963.

II-3-38

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.

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 bas-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 Beach0
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

11-3-39

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 "greenway" 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.

No significant beaches either publicly or privated owned. At 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 Siqnificant 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

IT-3-40

woodlands, wetlands, wildlife habitats and floodplains
exist.

3. Development Opportunitv Areas - especially suited to
more intensive development or redevelopment.

4. Overl~ap Areas - containing development potential and
natural amenities.

The first 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 Brie coastal zone,
fourteen areas were identified as either:

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- three areas were
nominated as Recreational, Cultural or Historic GAPC and five
areas were nominated as Natural Value GAPC (See Inventory of
GAPC). These 30 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 processes 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
share 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 Committees (See Chapter 5)
will recommend nominated GAPC with high priority for
improved access for designation to Pennsylvania's
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.

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. Two feasibility studies were conducted
in the Delaware Estuary coastal zone 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:

11-3-42

R-2 - Elk Creek Estuary Site, Girard Township, Erie 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 creek0
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

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 3D8 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 Committee0
(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 is Commonwealth policy to acquire or tb 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.

11-3-43

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

0 ~~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
bountiful supply of game which can be harvested in
recreational hunting.

7. It is Commonwealth p olicy 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. Itis 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.

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

Pennsylvania's specific policies deal~ing 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:

is
TI-3-44

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.

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

(4) Types of Assistance: Project grants 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 seq. (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

I1-3-45

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
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 facilities 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, 3135, 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

II-3-46

projects. Long-term (up to 40 years) low
interest loans may be made to the applicant when
financial assistance is not otherwise available
from private lenders or Federal agencies on
terms which would permit accomplishment of the is
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
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
Historic Monuments

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

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

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

(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

11-3-47

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.
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 property 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 or Improving 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;

II-3-48

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 andS
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.

In acquiring sho relands 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 shoreline0
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:I

a planning 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.

11- 3-490

Rules and regulations developed by the Office of Coastal Zone
Management as a result of such legislation require the states to
include: (15 CPR 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
identified as a significant problem in the Delaware Estuary
coastal zone.

Background

Shoreline erosion and bluff recession 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
O ~Environmental Resources.

Two studies were developed by the Department of the Army, Buffalo
District, Corps of Engineers: one, regarding shore damage
statistics and costs of protection, which has been incorporated
into the Chicago District's "Shoreline Damage Inventory"; and
another dealing with a shore structure inventory, 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 Committees have, 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

II-3-50

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
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 (568.6') from 3 m (10') to 50 m (170').
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 from
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 (24" to 6"). The average rate
of recession for the reach is .45 m (18") per year depending on
variables of material and conditions.

The central section includes Presque Isle peninsula which forms a
bay of A8 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

II-3-51

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 (4" to 12").
The average'rate of recession over the reach is .15 m (6") 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.

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 Rep~ort in
1975 have been modified to recognize changes since that time.
These new conclusions are:

1. A majority of construction actually 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

11-3-52

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
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.

S. 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-drift. This impact is negative in that erosion

II-3-53

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 b~etter 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
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 Flooding Report).

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; attempyts a-re 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 Flooding
Report, will be formally adopted in regulations and formally
designated as bluff recession hazard areas pursuant to the Bluff
Recession and Setback Act.

II-3-54

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.

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

C. 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.

II-3-55

Proposed Implementation Elements

The results of these studies can be used by the Coastal Zone
Managemhent Program to:

0 ~~~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.

A. Improve technical data base to substantiate and expand
current knowledge of erosion/recession impacts on the
coastal zone.

State Policies Pertaining to Erosion/Recession

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
0 ~(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 Engineers, 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:

II-3-56

"The Commonwealth of Pennsylvania, through the Department of
Environmental Resources, has stated that it will act as the
local sponsor for the 'permanent' 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.44

In order for a beach erosion control project to be constructed at
Presque Isle, the local sponsor must give assurances 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
Chief of Engineers, necessary for the construction of
the project;

2. Provide a cash 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;

S. Maintain and operate all the works, including periodicS
sand replenishment and redistribution as needed, after
completion, in accordance with regulations prescribed
by the Secretary of the Army;

6. Assure continued public ownership or continued publi c
use, without cost to the United States, 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;
and

7. Control water pollution to the extent necessary to
safeguard the health of bathers.

44Presque 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.

11-3-570

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.

4. Minimize the expenditure of public and private funds
for shoreline protection and bluff stabilization
structures and activities.

S. 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 administer and regulate activities in the
coastal zone. Through continued interaction with the Coastal
Zone Steering Committees (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

is
II-3-58

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 the Dam Safety Act.

5. Coastal zone management funds will be expended only
for measures consistent with the overall Coastal Zone
Management Program.

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 use must meet with all req~uirements 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

I1-3-59

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
Act, Pennsylvania Department of Environmental Resources will
control structural methods of controlling erosion/recession.
Permits will not be issued without careful consideration of long
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 1.05
regulations (see Appendix B).

Seawalls, Bulkheads.,L 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
(30') 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;

is ~~~~~~~~~~11-3-60

5. Loss of natural beach;

6. Lack of sufficient foundation;

7. Reduction of shore access; and i

S. 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
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;

A. 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 fluc~tuations;
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

II-3-61

of temporary groins (gabions, tire mats, etc.) would be
encouraged.

Nonstructural Technigues - 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 nonstructural1 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
setback requirements. The Bluff Recession and Setback Act
provides that each designated -coastal community acknowledge
erosion/recession as a continuing phenomena and to develop
ordinances that prohibit the construction or substantial
improvement to structures in bluff hazard areas.

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

Chapter 4

Program Authorities
and Organization

MANAGEMENT REQUIREMENTS AND AUTHORITIES

S ~Introduction

In order to receive approval by t he Secretary of the U.S.
Department of Commerce for its management program, 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 strategy 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 0
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 hav e 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
damalge by and/or exacerbate the problems associated0
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 u pon 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
structures.

7. Activities in port areas which directly affect overall
port planning, development, enhancement, and
rev ital izat ion.

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

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. The Executive Order and the Memoranda of
Understanding will help to provide a basis for carrying out the
management program's nonenforceable policies in a coordinated
fashion throughout the coastal areas. This concept of linking
various State authorities under one agency is known as network-
ing. However, for purposes of program approval, the Executive
Order and Memoranda of Understanding are not required since all
program regulatory authorities are enforced by the Department of
Environmental Resources.

Networking Mechanisms

The following mechanisms are used to achieve networking in
Pennsylvania:

Executive Order - The Executive Order provides the bases 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 administrative 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 manage-
ment program. The Executive Order is found in Appendix A.

Memoranda of Understandinq - The Memoranda of Understanding are
program agreements between the Department of Environmental
Resources and other State agencies and commissions that
O ~administer authorities and various programs that will be used in

ii-4-3

the implementation of the program'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 program's nonregulatory
policies. A final 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 ref ered 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
for 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.

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 May 13, 1980

2. Dam Safety Act, Act of November 26, 1978, P.L. 1375,
as amended, (32 P.S. Sections 693.1 et seq.)

IT-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 Management Act, Act of
July 31, 1968, P.L. 788, as amended, (35 P.S.
Sections 6001 et seq.)

6. Air Pollution Control Act, Act of January 8, 1960,
P.L. (1959) 2119, as amended, (32 P.S. Sections 4001
et seq.)

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 seq.)

9. Pennsylvania Sewage Facilities Act, Act of January 24,
1966, P.L. (1965) 1531, as amended, (35 P.S.
Sections 750.1 et seq.)

Nonreaulatory Authorities

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 seq.)

3. Stormwater Management Act, Act of October 4, 1979,
P.L. 864 (32 P.S. Section 680.1 et seq.)

The remainder of the authorities needed to implement the
program's nonregulatory policies are either State authorities
applying to all agencies, or authorities administered by State
agencies that have been networked under the program. The
authorities are as follows:

State Au-thorities Applying 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. Sections 510-1 et seq.)

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

II-4-5

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.)

2. Historic Preservation Act, Act of November 22, 1978,
P.L. 160 (71 P.S. Sections 1047.1(a) et seq.)

Networked Agencies and Intradepartmental Offices, Bureaus and
Divisions - The following list 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 the DEIS.

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 Programming
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
g. 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 the DEIS.

1. Department of Commerce

2. Department of Community Affairs

11-4-6

3. Department of Transportation

4. Pennsylvania Fish Commission

Is ~~5. Pennsylvania Historic and Museum Commission

6. Public Utility Commission

PROGRAM MONITORING AND EVALUATION

The Executive Order designated the Department of Environ-
mental Resources, Coastal Zone Management Branch, as the lead
agency- for implementing and administering the 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
with 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 Cogstal 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 will 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 the 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 project.

II-4-7

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.

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 mechanisms
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-l 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

REGIONAL PER M I T REVIEW FLOW PROCESS
Figure Iv-1
Application
Received

;Appl]catio N+ o Application
Co plete Returned to Applicant

5 days
I Permit Coordination . Copy of Permit Coordination Bureau(s) Process | Maximum Permits Coordinated
Form Prepared Form sent to CZMB for project Application and Prepares 60 days _ by Regional Director
affecting coastal zones Permit - [ Prior to Issuance

5 days t

Application Reviewed CZMB requests application
by Interested Bureaus II review if project concerns
(CZHB) are apparent

$ 5 days I
Comments Sent to If colncerns exist, CZMB Notice of Perilit
Regional Director meets wit regional office Issuance or Denial
or applicant to resolve Sent to Applicant
any concerns

Regional Director
Acknowledges Receipt
of Application

/Multple Permits \ N o r N otice ofRecef1 Administrative Conference Appeals Tlroull
No tice to Resolve 3rd Part Environmental Hearing
are Required Application Published test Board
in PA Bulletin - .....

Yes

Regional Director Sends Applicant Completes Applications
Required Application to Applications and Returns Coplete
Applicant to Regional Director

FIGURE iv-2
CENTRAL OFFICE PERMIT REVIEW FLOW CHART
BUREAU OF DAMS AND WATERWAY MANAGEMENT (DER)

OWNER BDWM BDWM

ISubmit application Application Aplication Yes Application number
and plans Fproperty executed ceptable assigned Pa.
Bulletin

~~~~~~~~~~. . .
J

CZMB BDWM Review Other Agency Review

CZMB contracted for Application review Projject review
~~~~~~~~~~~~~~eAplication revie
application affect- and evaluation and
_ comment through
ing coastal zones comment through
form one process

CZMB BDWM

CZMB requests Preliminary - As required
application review ! Determination and . Public hearing
if project concerns Review
are apparent

BDWM - Bureau of Dams and Waterway
Management
Otbor Agency Review - State Level BDWM BDWM EHB
Regulatory Programs (Air Quality, Publish in Pa. Bulle- Appeals through
Water Quality & Solid Waste) Permit Action :tin. Mail to appli- . _ Environmental
Pennsylvania Fish Commission cant w/copies to Hearing Board (EQB)
CZMB - Pr. Coastal Zone Management Branch other agencies as
required.

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
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 three
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 provisions 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 within six months of
designation or by October 4, 1978 for the
National 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

11-4-9

flooding on life and property. The Act places
joint responsibility for administration with the
Department of Community Affairs and the
Department of Environmental Resources and
specifies penalties for failure to comply. The0
Coastal. Zone Management Branch will assist the
Department of Community Affairs when requested
in review of municipal implementation and
administration of local ordinances to ascertain
compliance or noncompliance with any applicable
floodplain management regulations. The
Department of Environmental Resources's
assistance in the review is predicated upon the
provisions of the Floodplain Management Act.
All coastal municipalities which experience
flooding are currently participating in the
program.

b. Bluff Recession and Setback Act - Requires
commu.nities designated as having bluff recession
hazard areas., within six months of designation,
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. Designated municipalities, subjectS
to the provisions of this Act, are presented in
Chapter 85, Bluff Recession and Setback
Regulations, located in Appendix B of this
document.

C. Dam Safety and Encroachments - 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 th-e
following categories of water obstructions and
encroachments: any category of water obstruction
or encroachment, including culverts, fills,
streambank 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
environment.

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.
Apermit issued by a delegated agency shall
become effective 30 days following the receipt
of notice by the Department of issuance, unless
the permit is disapproved by the Department or
an appeal is filed with the Department pursuant
to Section 17 of the Dam Safety and
Encroachments Act.

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 Dam Safety and
Encroachments Act and regulations adopted
thereunder.

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. Pennsvlvania Bulletin - 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
purpose 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
expenditures of Federal funds will be monitored via
the Environmental Impact Statement process. This
process is incorporated in the A-95 review process.

4. Project Review and Evaluation Process (PREP) -
Departmental PREP review is an internal departmental
review of departmental actions. In addition,
extradepartmental 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 Act Documents
(E.I.A.'s negative declarations and EIS's)

d. State Plans, OMB Circular A-95, Part III

e. Multijurisdictional Area Planning Coordination
Agreements, 0MB Circular A-95, Part IV

f. Park Projects Funded Under Pennsylvania's
Project 500

g. Act 120 Transportation Projects

h. Federal Regulations

i. Intra-Departmental 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
a rather flexible mechanism that can be used to review
a variety of projects, proposals, and plans.

5. Water Resources Policy Advisory Committee (WRPAC).- Is
a statewide level water resources advisory committee

which advises the Department of Environmental
Resources on legal, institutional, and policy issues
regarding water planning management.

is 6. The Coastal Zone Advisory Committee -Whose membership
and activities are described in Chapter 5.

7. The Coastal Zone Steering Committees - Whose
me-mbershiip an5d activities 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 as 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 program 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 inconsistency 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

II-4-13

4. Citizen suits to enforce Article I, 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. Intradepartmental 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.

Leciislative 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 Quality Board

The purpose of the Environmental Quality Board (EQE) 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 Commission, Game Commission, Historical and Museum
Commission, and State Planning Board; the Chairman of th~ 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 are:

11-4-14

1. Proposal of Regulations -Any program unit, the EQB,
the Environmental Hearing Board, any staff member of.
such boards, official of the Department of
Environmental Resources, legal counsel (which includes
0 ~~~~~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
EQE 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 "action" is defined as an order,
decree, decision, determination or ruling by the Department
affecting personal or property rights, privileges, immunities,
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

to construct sewers or treatment facilities; orders 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. "1person", 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 the 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 I, Section 27 of t-he 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 shall conserve and maintain them
for the benefit of all people. "

The section 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 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 improper 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 c~ourt

11-4-16

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
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?

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 Coastal 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:

11-4-17

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, will be informed of all major activities in the coastal
zones.

Most decisions and action s 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 drawings, 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 resolve the conflicts, a meeting will be scheduled with
the Deputy Secretary for Resources Management to assist 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.

If the conflict is with a bureau in another Deputate, 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 ..tq 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.)

11-4-19

Figure iv-3
AP P EAL1.S PROCESS

"Person" agarieved by I ciamty. lMtnicipality JZoning Ordlinancos Depalrtmont of I~iiwiltI jStalt Agatmcy, (ounsty.
",action, of Departmenit I or person aggrieved Resftlrces's juilicial or Mulnicip~alily or Citizen
(25 Pa.Cade Campter 21) by violation of State Iasi j151icial proceeding j sui t for violation of
(statutory) Bluff Df * administration of Tari~ff
Re~ ~ ~ ~~~~~Feet s rcessLadwlrsbtnivePron andr SetlbyacI Recession and Setimaci
ltctFosodlain d jebc or enlactimet or challonge to validity use Or develiojmawat Act. Floodplaizm M4mnagemncat
AcFodli adoption of any of ordinanco -Permitted Oil the liand Act
Mnaptuent A c t ordinance -of another Chalk ion. ima
I I ~~substantive validity______________
(lt ioin of Ordinance Depnrtzm-Alt Of Ulviruimualital
I i ~~~~~~~~~~Resources's judicial as-
L ~ ~~~~~l~~~~l~qai judicial paroceeding

Agency saue

ianover la I emging Per sons amggr a eye by use
decision wihiclm restricts Of aim101.el' Challusnging
Civil Remedy Act ion use of land lie has an decision wihich permits
P'ursuanit to State interest it) as contrary use, on grounds that

I ~~~~~~ordinance provisionls of Ordinanace Authmorst aesi

Enlvironmental Hearing toI Ilsamor
f]Znn learitag HoardAcinPu-tu ol

l~~~IeasAtma bYRal Stale Statutesi

ort Appeal by Right jj.~~m ~tLmr

aliiscret ionar-VSmreaCot App-al by Right

Figure iv-4

DO ADINISTRATIVE CONFLICT RESOLUTION
FOR NONENFORCEABLE POLICIES

C'MB Notified of
Proposed Activity
in Coastal Zone
through monitoring
process

COMB Contacts
.Appropriate DER Bureau
Request Information on
Activity

Notification to Chairman
of Appropriate Steering
Comittees of Pending
Activity Requesting
Comments

CZM Reviews Activity
for Consistency with
Program Policies

Activity Verified Meeting Resolves Activity Verified

ng Conflicts, Activity~Vrfe
Inconsistent; Meeting Conflicts, Activity Consistent; Activity
Scheduled Between Modified Monitored for Continued
CZMB and Bureau Staff , Compliance
involved in activity Mine

Meeting Does Not Resolve
Conflicts

CMB Contacts Deputy Secretary
for Resources Management
Meeting Scheduled with Appropriate
Deputy Secretary to Resolve Conflicts*

Conflicts

C2MB through Deputy Secretary
for Resources,Management
Requests Meeting with DER
Secretary to Resolve Conflict

*The CMB is located in the Offices of Resources Management of the DER.
Therefore, the Deputy Secretary will resolve conflicts between Bureaus
in this Deputate and CMIB.

Figure iv-5

STATE AGENCY A.UINISTATIVE CONFLICT RESOLUTION
FOR NONENFORCEABLE POLICIES

C'IMB Notified of
Proposed Activity in
Coastal Zone Through
Monitoring Process

C.MB Contacts Appropriate
Agency to Request Information
on Activity

Notification to Chairman
of Appropriate Steering
Committees of Pending
Activity Request for
Comments

CMB Reviews Activity
for Consistency with
Program Policies Activity Verified

Monitored for Con-
tinued Compliance
Activity Verified Inconsistent; Meeting Resolves
Meeting Scheduled Between C4B I Conflicts, Activity
and Agency Staff involved in Modified
activity ,

Meeting Does Not Resolve
Conflicts

CZMB Contacts Deputy Secretary
for Resources Management
Meeting Scheduled with
Appropriate State Agency
Representative to Resolve
Conflict

Meeting Does Not Resolve
Conflicts

CZMB, through Deputy Secretary
for Resources Management, Requests
Scheduling of Meeting Between DER
Secretary and Appropriate State
Representatives to Resolve Conflict

|leeting Does Not Resolve
Conflicts

DER Secretary and State Agency
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)

3. Federal Energy Regulatory Commission

4. U.S. Department of Energy

5. Environmental Protection AgencyS

6. General Services Administration

7. Department of Housing and Urban Development

B. U.S. Department of Transportation

a. Federal Highway Administration
b. Federal Railroad Administration
C. Federal Aviation Administration
d. U.S. Coast Guard (9th District, Cleveland, Ohio;
3rd District, New York, New York)

9. U.S. Department of Commerce

a. Maritime Administration (Eastern and Great Lakes
Regions)
b. Economic Development Administration
C. National Marine Fisheries Service
d. -National Oceanic and Atmospheric Administration
e. National Weather.Service

10. U.S. Department of Agriculture

a. Soil Conservation Service
b. Forest Service0
II. U.S. Department of Health, Education and Welfare

12. Mid-Atlantic Fisheries Management Council

A summary of all input received from Federal agencies is
presented in the DEIS. 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

ii-5-25

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. In addition, the Coastal
Zone Management Program will provide ongoing consultation with
U.S. Fish &,Wildlife Service on the impacts of any proposed
actions by the program on the Federal endangered or threatened
species lists as maintained by the U.S. Department of the
Interior.

Federal Consistency

The Federal Coastal Zone Managemen t 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,
including those described in detail in Outer Continental Shelf
(OCS) plans, and Federal assistance programs to state and local
governments, which affect the coastal zone, 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, Federal
activities requiring a Federal license or permit, OCS pre-lease
sale, 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 pre-lease
activities.
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 U.S. Fish and Wildlife acquisitions in
or directly affecting the coastal zones.

e. Licenses and permits described in detail in OCS
plans.0
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.
C. Licenses and permits described in detail in OCS
plans.

3. Federal Energy Regulatory Commission

a. All, pertinent FERC licenses and certificates as
presented on Page 11-5-8.
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.
C. 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.
b. Disposal of surplus Federal lands in or directly
affecting the coastal zones.

6. Department of Housing and Urban Development

a. "701 Planning" comprehensive planning assistance
in or affecting the coastal zones.

II-5-4

b. Housing and Community Development Act (block
grants)

C. Public housing - acquisition and construction in
or directly affecting the coastal zones.

d. Mortgage Insurance and mobile home parks

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.
S. U.S. Department of Commerce

a. Proposed activities relating to port development
and promotion and intermodel planning grants.

b. Proposed port expansion planning assistance for
new terminals and harbors.

C. 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 planting program projects in or
directly affecting the coastal zones.

The preceeding list of Federal activities, permits, or assistance
projects requiring a consistency determination or 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
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 Manag-ement Branch will 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
0MB 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

11-5-6

whether or not the "proposed action will be undertaken
in a manner consistent, to the maximum extent
practicable, with the State's approved manage-ment
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 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 be made with respect to the
program's enforceable 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 CPR,
Section 930.41. Should the Coastal Zone Management
Branch disagree with the Federal agency's 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 CPR, 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 affecting a
state's 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.).

The geographic scope of the consistency review process
includes the entire coastal zone and, in some cases,
areas outside the coastal boundaries. Federal lands
within the boundary are excluded from the coastal
zone, and are not ordinarily subject to a consistency
review. Activities on Federal lands and on other

ii-5-7

lands outside the zone are subject to consistency
review if it is found that they may significantly
affect the coastal zone outlined in 15 CFR 930.33c.
Whether these "spillover effects" will have such an
impact will depend generally on the type of activity I
to be conducted, its magnitude, and its proximity to
the coastal zone. Persons proposing to conduct an
activity with potential spillover impacts should
consult with the Department of Environmental
Resources, Coastal Zone Management Program, early in
the planning process in order to avoid later problems.

There are certain geographic areas outside the coastal
zone in which activities are likely to have
significant and predictable impacts on the -coastal
zone. Any upstream riverine or lake activity
impacting water quantity or quality for example, that
is likely to significantly affect coastal zone areas.
Likewise, an activity within a coastal zone air basin
which impacts air quality that is likely to
significantly affect coastal zone areas. In general,
any activity impacting upon coastal wetlands,
floodplains, erosion hazards, water quality or air
quality may be assumed to significantly affect the
coastal zone. This section does not address licenses
or consistency requirements issues pursuant to the OCS
Lands Act (43 USC Section 1331 et se.) To assist
Federal agencies and applicants 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.

- Environmental Protection Agency

Water pollution control

Clean air
- Nuclear Regulatory Commission

- Construction and operation of nuclear facilities
and the possession and use of hyproduct, source
and special nuclear material pursuant to the
Atomic Energy Act of 1954, as amended. Title II
of the Energy Reorganization Act of 1974 and the
National Environmental Policy Act of 1969.

Federal Energy Regulatory Commission

Licenses required for non-Federal hydroelectric
projects and primary transmission lines under
Section 3 (11), 4(e), and 15 of the Federal
Power Act (16 U.S.C. 796(11), 797(e), and 808).

Orders interconnection of electric transmission
facilities under Section 202(b) of the Federal
Power Act (16 U.S.C. 824a(b)).

Certificates of public convenience and necessity
for the construction and operation of natural
gas pipeline facilities, including both
interstate pipelines and LNG terminal facilities
under Section 7(c) of the Natural Gas Act
(15 U.S.C. 717f(c)).

Permission and approval for the abandonment of
natural gas pipeline facilities under
Section 7(b) of the Natural Gas Act (15 U.S.C.
717f(b)).

Department of Defense - Army Corps of Engineers

Obstructions or alterations in navigable waters
pursuant to Sections 9, 10, 11 and 14 of the
Rivers and Harbors Act of 1899.

Discharge of dredge or fill material in
navigable waters pursuant to Section 404 of the
Federal Clean Water Act, as amended.

Department of Transportation

Construction of bridges under U.S.C. 401, 491-
507, and 525-534 (U.S. Coast Guard)

Construction or alteration of airports

Transportation of liquids (other than petroleum
products) by pipeline (Section 195.6 of the
regulations for transportation of liquids by
pipeline).

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.

11-5-9

Persons or agencies required to obtain Federal
licenses or permits designated by the State as
requiring consistency review, or determined by the
Federal agency to require review because 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
f iled.

It is anticipated that the Federal application process
will run concurrently with the State's consistency
review. Upon receiving certification concurrence from
the Department of Environmental Resources, the FederalS
agency may then proceed to permit or license the
activity.

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 Federal
agency, or the Coastal Zone Management Branch may
request mediation of the dispute by the Secretary of
Commerce, who will then appoint a representative to
meet with the parties involved in the dispute 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 Act

I1-5-10

or is necessary in the interest of national security.
If the Secretary finds that the proposal meets with
either of these requirements, the Federal agency may
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.

Federal Assistance Program: The Coastal Zone
Management Branch will review all Federal assistance
activities to State and local governments that will
potentially affect the environmental, economic, and
social resources of the Commonwealth's coastal zones.
Monitoring of these activities will be accomplished
through the utilization of the 0MB 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 make a 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 an 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
Resources's A-95 PREP review process, if the Coastal
Zone Management Branch does not object, the Federal
agency may proceed with the processing of the
appl icat ion.

In the event the Coastal Zone Management Branch does
object to the applicant agency's proposal, the Coastal
Zone Management Branch will note its objection and
forward its reasons, supporting information and

is II~~~~~~~~1-5-11

alternative measures which will make the proposed
project consistent with 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
Coastal Zone Management Branch's 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 requirements,
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,
de-velopment or produ-ction activities requiring a0
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 an OCS
exploration or development/production plan 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, excluding
proprietary information and the applicants consistency
certification to the Department of Environmental
Resources requesting an opinion on the applicants
certification.

Concurrent with efforts in working with applicants to
assure consistency of OCS development plans, the
Commonwealth will work to ensure that Corps of
Engineers and any other pertinent Federal permits
associated with implementation of these plans, are
consistent with the Pennsylvania Coastal .Zone
Management Program.

II-5-12

The Department of Environmental Resources, acting as
the representative of Pennsylvania, shall, at the time
it receives the certification and necessary supporting
information, provide public notice in the Pennsvlvania
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
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. If a decision on consistency is not
issued within three months of receipt, the Department
of Environmental Resources will notify the U.S.
Department of the Interior, the permit applicant, and
the Assistant Administrator of the status of the
consistency review. Concurrence with the consistency
certification shall be conclusively presumed in the
absence of this certification. Concurrence shall also
be conclusively presumed in the, absence of an
objection by the Department of Environmental Resources
within six months of commencement'of the consistency
review.

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

S ~~~~~~~~~11-5-13

course of action, the applicant must provide copies of
the appeal and supporting information to the
Department of Environmental Resources in Harrisburg,
Pennsylvaia.

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 security,
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 these
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(1) 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,
leased or otherwise used, by the United States. Even though
Federal lands are excluded 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
Managemen~ Act requires that certain activities, which may have
significanit 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 inconsis tent 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 I1-4-7.

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 306(c)(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.

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 the DEIS, (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 go~als and objectives, 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.

is~~~~~~~~~~~~151

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.

S. Certificates, policy statements and solicited opinions
issued on specific projects by Federal regulatory
agencies..

6. Statements of national interest issued 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 for 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

I1-5-16

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.

Energjy 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 4)
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

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.

II-5-17

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 facilities 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.

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 Plan, 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 Quality - 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.

The national interest in air and water pollution control is to
provide clean air and 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.

11-5-19

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 archaeologically, 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-t~erm adverse impacts associated with the
disruption or modification of wetlands.

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 Navigiation - 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 his been
incorporated in the Pennsylvania Coastal Zone Management Program
through the following policies:

1. Policy VII-l - To actively attract and encourage the
siting of water dependent economic activities in the
Commonwealth's coastal ports.

11-5-20

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 considered in
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 II, 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
and the siting of facilities is provided in the process of the,
O ~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, including neighboring
state's coastal zone management programs, affecting
Pennsylvania' s 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.

0 ~~~~~~~~~~~11-5-21

The Commission works closely with the International
Joint Commission and Canadian 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.
Activities subject to the jurisdiction of the DRBC
which impact upon the water quality or other coastal
resources of the Delaware Estuary will be addressed by
the Pennsylvania Coastal Zone Management Program
through the Commonwealth's representative on the DRBC.

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
comprehensive development, 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
from utilization of public works, 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.

11-5-22

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 Zone Steering Committees to ensure
coordination between the State and local advisory
mechanisms.

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
Pennsylvania Fish Commission
Pennsylvania Game Commission
Department of Transportation
Governor's Energy Council

In a program such as Pennsylvania's, 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 the DEIS.

The CZAC will perform the following tasks during the program's
implementation phase.

1. Address project coordination

is II-5-23

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 coastal0
resource management.

4. Participate in the continuing program review process.

AddressProject 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 Committee
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
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 Management Program: 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

II-5-24

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.

Participate in the continuing program .review process: Annually,
the CZAC w71l review the Coastal Zone Management Program with
respect to its achievements in attaining the goals of the Coastal
Zone Management Program and meeting the needs of the Commonwealth
coastal areas. The review will also focus on determining whether
0 ~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) i

The PREP review is an internal review of departmental actions.
In addition, extra departmental coordination mechanisms are
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.

4. Water Resources Policy Advisory Committee (WRPAC)

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

11-5-26

values in the management program. The DEIS contains a detailed
outline of the activities that the CZSC have engaged in during
O ~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
these 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

Eastern Study Area

Harborcreek Township
North East Township
North East Borough

Central Study 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 a minimum of three rotating
citizen representatives who are appointed by the committee.
Every effort is made to include responsible representatives from
environmental, business and service-related organizations, in
order to ensure a broad public viewpoint. 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.

11-5-27

The Erie CZSC will perform the following tasks during program
implementation:

1. Priority Setting: The CZSC develops and sets
priorities on lists of requests for coastal zone
management funding on technical assistance in their
area.

2. Coordination: The CZSC reviews all proposed State
level coastal zone management activities with respect
to coordination 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. Monitoring: 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
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 in Harrisburg.

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)

I1-5-28

Delaware Valley Regional Planning Commission
Chester City Planning Department

* ~The following agencies and organizations have participated in the
Steering Committee during program development. They will be
encouraged to continue but the list is expected to change based
on participation and interest.

Delaware River Basin Commission
Delaware River Port Authority
Water R~esources 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 Philadelphia Partnership

In addition to the permanent members, a minimum of three members
are appointed by the committee each year, from interest groups
existing in the region to represent the public in the following
areas; recreation, historic preservation, port revitalization,
business, 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 and local government representatives to the
CZSC will be selected. These appointments are made to ensure a
broad public viewpoint is integrated into the committee actions.
At the second annual meeting, the local officials provide their
input into the program's continuing 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 meetings, the DESC develops and
prioritizes a list of requests for Coastal Zone
Management funding and/or technical assistance for the
area.

II-5-29

2. Coordination: The DESC reviews all proposed State
level coastal zone management activities with respect
to coordination with local goals and actions.

3. Conflict Resolution: The DESC 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. 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
been undertaken during the Coastal Zone Management Program's
planning process are described in the DEIS.

These activities will culminate with the holding Qf public
hearings in both coastal areas to obtain the views of all
interested parties on the entire management program. Thirty days
notice will be given on these hearings, and they will fulfill the
requirements of Section 923.58 of the Federal regulations of the
Coastal Zone Management Act. Additionally, transcripts of
hearings on joint State/Federal hearings on the Program's Draft
Environmental Impact Statement as well as from hearings on bluff
setback regulations have been furnished to the Office of Coastal
Zone Management.

11-5-30

. ~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.

11-5-31

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 I
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 Rights Amendment was placed in Article I, the
portion of the Consti tution 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

775 (1974); Payne v. Kassab, 11 Pa. Cmwlth. 14, 312 A2d 86
(1973), aff'd 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 Section 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), aff'd 454 Pa. 193, 311 A2d 588 (1973); Accord, Payne, v.
Kassab, 11 Cmwlth. 14, 312 A2d 86 (1973) aff'd without a general
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. Cmw-th. 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). In
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, 872 (1974), DER v. Locust Point Quarries,
27 Pa. Cmwlth. 270, 396 A2d 1205, 1209 (1979). Article I
Section 27 also protects natural, scenic, aesthetic and historic
values. Commonwealth v. National Gettysburg Tower, Inc., 8 Pa.
Cmwlth. 231, 302 A2d 586T1973), aff'd 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) aff'd 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?

0 ~~~2. Does the record demonstrate a reasonable effort to
reduce the environmental incursion to a minimum?

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 May 13, 1980

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. 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.

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, constructibn,
maintenance and monitoring of water obstructions and
encroachments, in order to prevent unreasonable
interference with waterf low and to protect nav'igation.

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 activity 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;

S. 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 Conservation Law, Act of May 15, 1945, P.L. 547, as
amended (3 P.S. Sections B49 et segt.)

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 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 acquired; to receive income from such
properties and to expend such income in carrying out
the purposes 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.

S. 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 resources and for the control and prevention of
soil erosion within the district.

7. To accept contributions of any character from any
source whatsoever, but only with the consent and
approval of the State Soil and Water Conservation
Commission, unless specifically authorized so to do by
this Act.

B. To sponsor 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 by 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 sel.

II-A-6

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 that 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 payment 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 the rough 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

5. The achievement of the objective hu-rein set forth
requires a comprehensive program of watershed
management and control.

0 ~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, lake s, 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. I

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 seg.)

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;

11-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
(hereinafte~r 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 seq.)

The Act declares that it 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, safety 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 protection 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

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 0
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.

"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 source" 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
O ~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 seq.)

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 wat-er
* ~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
Sen~.)

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 theS
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
community 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
Jun 22, 1937 (P.L. 1987, No. 394), known as "The Clean Streams
Law, as amended.
"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"t means any system, whether publicly or
privately owned, for the collection of sewage or industrial
wastes of a liquid nature from tw o 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

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 I
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
f ill 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 I et seq.)

This Act is a comprehensive statute relating to fish and fishing
in the Commonwealth. It covers the following general subject
areas:

I 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

B. Sale of fish

9. Fishing Licenses

10. Complimentary Licenses

II-A- 16

11. General powers of the Fish Commission

12. Sunday fishing

0 .~~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) et seqg.)

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, architectural,
0 ~~~~~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 resource's
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 sea.)

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 restore 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 the Department of Environmental
Resources. Guidelines published by the Department will provide
useful information to the counties in preparing watershed plans.
The stormwater management plans will be prepared with the
assistance of watershed advisory committees composed of
representatives of municipalities and others, and will include
criteria and standards for the control of stormwater runoff.
Stormwater plans are to be implemented by municipalities in the
adoption of ordinances to regulate development to control
stormwater runoff.

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

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.

1I-A-18

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.

Intentional violation of this Act is a summary 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). The 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 Corp., 391 F. Supp 577
(D C Pa. 1975); Farmer v. Philadelphia Elec. Co. 329 F2d 3 (CA
Pa. 1964).

Executive Order is the second type of order identified above. See
Section 1 of this Appendix for the text of the Executive Order.
Where this Executive Order suggests directions for the execution
of duties, it is administratively enforceable. However, for
purposes of Program approval the Executive Order is not required
since all enforceable policies are implemented by the Department
of Environmental Resources.

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 and
Section 2-A which includes the appendix to the Memorandum of
Understanding. This appendix details how the various State
agencies will participate in the implementation of the
management program. Agencies participating in the
Memorandum of Understanding with the Department of
Environmental Resources are the Pennsylvania Fish Commis-
sian (2-A.1) and the Historical and Museum Commission
(2-A.2). The Public Utility Commission will also participate
in a Memorandum of Understanding with the Department. Their
Memorandum of Understanding is presented in Section 2-B.
However, for purposes of Program approval the Memorandum of
Understanding are not required since all enforceable
policies are implemented by the Department of Environmental
Resources.

II-A-20

SECTION 1
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
Coastal Zone Management Program approval is demonstration that
the program, as approved, is enforceable; and.

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 program's 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 May 13,
1980; The Dam Safety Act, Act of November 26, 1978, P.L.
1375, 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 seg.); Soil Conservation Law, Act of
May 15, 1945, P.L. 547, as amended (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 of 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 seq.); The Fish Law of 1959, Act of December 15, 1959,

P.L. 1779, as amended (30 P.S. Sections 200 et seq.); Open Space
Lands, Act of January 19, 1968, P.L. (1967) 992 (32 P.S.
Sections 5001 et seg.); Historic Preservation Act, Act of
November 22, 1978, P.L. 1160 (71 P.S. Sections 1047.1 et seq.);
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 8, 1960, P.L. (1959) 2119, as amended
(35 P.S. Sections 4001 et seq.); Radiation Control Act, Act of
January 28, 1966, P.L. (1965) 1625, (73 P.S. Sections 1301 et
seq.); 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 seq.); 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 seq.); Open Meeting Law, Act of July 19, 1974,
P.L. 486 (65 P.S. Sections 261 et seg.); 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 agencies
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 Branch, pursuant to
the policies distributed to members of the Coastal

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.

Section 2

MDIORANDUM OF UNDERSTANDING
CONCERNING COASTAL ZONE MANAGEMENT

THIS AGREEMENT, entered into this __ day of , 1980,

between the Pennsylvania Department of Environmental Resources, hereinafter

called 'DEPARTMENT", and the

W I T N E S S E T H:

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 this and succeeding generations; and

WHEREAS, the parties further recognize the need for full governmental

coordination and public involvement in the Commonwealth's Coastal Zone

Management Program, and the need to give due consideration to the significance

of coastal resources to Pennsylvania; and

WHEREAS, the DEPARTMENT has been designated by the Governor as the lead

agency for implementation of the State Coastal Zone Management Program.

WHEREAS, the AGENCY recognizes that its programs and activities within

Pennsylvania's coastal zones may have a direct and significant impact on the

Commonwealth's coastal environment; 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 implemented; and

WHEREAS, several State departments and agencies have authority for implementing

the Conmonwealth of Pennsylvania's Coastal Zone Management Program and for making

rules affecting the Program's enforcement; and

WHEREAS, the parties contemplate the issuance of an Executive Order by the

Governor requiring interagency cooperation in implementing the Pennsylvania Coastal

Zone Management Program and the parties intend this AGREEMENT to express their

respective duties and responsibilities in carrying out the purposes of that

Executive Order.

WHEREAS, adoption and implementation of the Coastal Zone Management Program

by the various agencies of the Commonwealth is authorized by the Pennsylvania

Constitution, Article I, Section 27; Bluff Recession and Setback Act, Act of

May 13, 1980, P.L. __ ( P.S. Sections _ t seq.); The Dam Safety Act, Act

of November 26, 1978, P.L. 1375, as amended, (32 P.S. Sections 693.1 t 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 amended, (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 of 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 seq.); The Fish Law of 1959, Act of December 15, 1959, P.L. 1779, as amended,

(30 P.S. Sections 200 et seq.); 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 seq.); 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 8, 1960, P.L. (1959) 2119, as amended, (3S P.S.

Sections 4001 et seq.); Radiation Control Act, Act of January 28, 1966, P.L. (1965)

1625 (73 P.S. Sections 1301 et seq.); 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 seq.); 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 seq.); Open Meeting Law, Act of July 19, 1974, P.L. 486

(65 P.S. Sections 261 et seq.); 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).

NOW, THEREFORE, the DEPARTMENT and the AGENCY in accordance with these consider-

ations, pursuant to Section 501 of the Administrative Code (71 P.S. Section 181), and

in furtherance of the purposes and policies of Pennsylvania Constitution, Article I,

Section 27 and the statutes cited above, as applicable, do hereby agree as follows:

A. To the maximum extent permitted by law, the AGENCY agrees to

1. Act consistently with the Commonwealth's Coastal Zone Policies set forth

in the Commonwealth of 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 DEPARTMENWTS Coastal Zone Management Program and notify the

DEPARIMENT of any incompatibility.

4. Provide an agency staff representative to serve on the Coastal Zone Advisory

Committee of the DEPARTMENNT'S Coastal Zone Management Program.

5. Advise the DEPARTIENT'S Coastal Zone Management Program of the initiation

and status of projects or programs likely to have a direct and significant

impact on the coastal environment.

6. Give due consideration to comments and/or recommendations of the DEPAR'TMENT

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 in order to allow the

DEPARTMENT to obtain the best information available for its decision-making

process.

8. Review and comment on all policies, plans and other actions of the DEPARTHENT'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 imple-

mentation of coastal zone policies and programs that relate or could relate

to the policies, programs, and statutory responsibilities of the AGENCY.

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.

$. 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.

C. The DEPARTMENT and the AGENCY may, by mutual agreement, supplement this

AGREEMENT to provide for particular activities, programs, or projects i

necessary to assist in implementing one or more of the Coastal Zone

Management Program policies.

D. This AGREEMT shall become effective on Federal approval of the Commonwealth

of Pennsylvania's Coastal Zone Management Program, and shall continue in full

force for a period of one (1) year and be automatically renewed thereafter in

successive one (1) year terms unless and until either party have given three (3)

months written notice of its intention to terminate this AGREBMENT or request a

revision of the termns and conditions of this AGREEMENT.

IN ADDITION, the DEPARTMENT and the AGENCY agree to be bound by the terms of

Appendix A attached hereto and incorporated herein.

Appendix A
Section 2-A.1

THIS APPENDIX A is a part of the INTERAGENCY MEMORAND[Iv OF UNDERSTANDING

concerning COASTAL ZONE MANAGEMENT for the PENNSYLVANIA COASTAL ZONE MANAG34ENT

PROGRAM entered into on this __ day of , 1980, between the

Pennsylvania Department of Environmental Resources, hereinafter called "DEPARTMENT",

and the Pennsylvania Fish Commission, hereinafter referred to as the "AGENCY".

W I T N E S S E T H:

1. The AGENCY agrees to use its legal and administrative authorities to the

fullest extent possible to actively address the problems of water quality

through cooperation and coordination with the DEPARTMENT. The AGENCY will

help ensure through monitoring and project review 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 as specified in Chapter 95 of the Depart-

ment Rules and Regulations (25 PA. Code Section 95.1 et seq.) or to human,

animal, plant, or aquatic life including cold water, warm water and

migratory fishes.

2. The AGENCY agrees to use its legal and administrative authorities to the

fullest extent possible to actively augment native stocks and introduce

appropriate species, only after careful consideration, such as muskellunge

in the Delaware Estuary, and coho salmon in Lake Erie in order tO provide

diverse, unique and bountiful catches for the Commonwealth's coastal

recreational anglers.

3. The AGENCY agrees to use its legal and administration authorities to the

fullest extent possible 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 including the Coastal Zone Management Program's

Geographic Areas of Particular Concern nominated as areas of significant

natural value and areas of historical, cultural, or recreational significance.

4. The AGENCY agrees to give priority consideration to the undertaking of detailed

technical studies of coastal fisheries, their aquatic habitat and associated

issues that impact their management.

S. The AGENCY agrees to actively assist the DEPARTMENT in undertaking compre-

hensive studies aimed at improving the regulatory permitting process in the

Commonwealth's coastal zones.

IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto

have caused these presents to be executed the day and year first above written.

AITEST: CV4MONWEALTH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL RESOURCES

(Title) Clifford L. Jones, Secretary

Approved as to legality and form:

Assistant Attorney General
Department of Environmental Resources

ATTEST: CaOMMOEALTH OF PENNSYLVANIA
PENNSYLVANIA FISH COMISSION

(Title) Ralph W. Abele, Executive Director

Approved as to legality and form:

Assistant Attorney General
Pennsylvania Fish Commission

Appendix A
Section 2-A.2

THIS APPENDIX A is a part of the INTERAGENCY MMORANDUM OF UNDERSTANDING

concerning COASTAL ZONE MANAGMENT for the PENNSYLVANIA COASTAL ZONE MANAGEMENT

PROGRAM entered into on this - _ day of , 1980, between the

Pennsylvania Department of Environmental Resources, hereinafter called '"DEPARTMENT",

and the Pennsylvania Historical and Museum Commission, hereinafter referred to as

the "AGENCY".

W I T N E S S E T H:

1. The DEPARTMENT agrees to notify the AGENCY when it receives a permit application,

which if approved,has the potential for significantly affecting an archeologically,

architecturally, or historically significant site or structure in the Commonwealth's

coastal zones.

2. The AGENCY agrees to provide timely comments to the DEPARTMENT, when it receives

notices and appropriate background information that a permit application is being

reviewed by the DEPARTMEvNT which if approved has the potential for significantly

affecting an archeologically, architecturally, or historically significant site

or structure in the Commonwealth's coastal tones.

3. The AGENCY agrees to provide when appropriate technical assistance in the identi-

fication, restoration, and preservation of archeologically, architecturally, and

historically significant sites and structures in the Commonwealth's coastal zones.

IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto

have caused these presents to be executed the day and year first above written.

ATTEST: CCMOMfEALTH OF PENNSYLVANIA
DEPARTIME'NT OF ENVIRONNENTAL RESOURCES

(Title) Clifford L. Jones, Secretary

Approved as to legality and form:

Assistant Attorney General
Department of Environmental Resources

ATTEST: CMM4ONWEALTH OF PENNSYLVANIA
HISTORICAL AND MUSELM CC1MISSION

(Title) William Wewer, Executive Director

Approved as to legality and form:

Assistant Attorney General
Historical and Museum Commission

Appendix A
Section 2-B

INTERAGENCY
MEMORANDIM OF UNDERSTANDING
CONCERNING COASTAL ZONE MANAGEMENT

THIS AGREEENT, entered into this __ day of , 1980,

between the Pennsylvania Department of Environmental Resources, hereinafter

called "DEPARTMEINB', and the Public Utility Commission hereinafter referred to

as "AGENCY".
W I T N E S S E T H:

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 this and succeeding generations; and

WHEREAS, the parties further recognize the need for full governmental

coordination and public involvement in the Commonwealth's Coastal Zone

Management Program, and the need to give due consideration to the significance

of coastal resources to Pennsylvania; and

WHEREAS, the DEPARTMENT has been designated by the Governor as the lead

agency for implementation of the State Coastal Zone Management Program.

WHEREAS, the AGENCY recognizes that its programs and activities within

Pennsylvania's coastal zones may have a direct and significant impact on the

Commonwealth's coastal environment; 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 implemented; and

WHEREAS, several State departments and agencies have authority for implementing

the Commonwealth of Pennsylvania's Coastal Zone Management Program and for making

rules affecting the Program's enforcement; and

WHEREAS, adoption and implementation of the Coastal Zone Management Program

by the various agencies of the Commonwealth is authorized by the Pennsylvania

Constitution, Article I, Section 27; Bluff Recession and Setback Act, Act of

May 13, 1980; The Dam Safety Act, Act of November 26, 1978, P.L. 1375, 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 amended,(32 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 of 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 seq.); The Fish Law of 1959, Act of December 15,

1959, P.L. 1779, as amended, (30 P.S. Sections 200 et seq.); 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 seq.); 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 8,

1960, P.L, (1959) 2119, as amended, (35 P.S. Sections 4001 et seq.); Radiation

Control Act, Act of January 28, 1966, P.L. (1965) 1625 (73 P.S. Sections 1301

et seq.); 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 seq.); Act of

July 1, 1978, Public Utility Code, No. 1978-116, as amended; the Sewage Facilities

Act, Act of January 24, 1966, PL. (1965) 1535, as amended (35 P.S. Sections 750.1

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

261 et seq.); 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).

NOW, THEREFORE, the DEPARIMENT and the AGENCY in accordance with these consider-

ations, pursuant to Section 501 of the Administrative Code (71 P.S. Section 181), and

in furtherance of the purposes and policies of Pennsylvania Constitution, Article I,

Section 27 and the statutes cited above, as applicable, do hereby agree as follows:

A. To the maximum extent permitted by law, the AGENCY agrees to:

1. In managing its programs having an affect on the coastal areas, the

AGENCY will consider the DEPARTMENT'S adopted positions and coastal

policies including any national interest incorporated into those

positions and coastal policies.

2. If the AGENCY becomes aware that its plans and programs or decisions may

be inconsistent with the DEPARTMENT'S Coastal Zone Management Program,

the AGENCY will notify the DEPARTMENT of any inconsistency.

3. Provide an agency staff representative to serve on the Coastal Zone

Advisory Committee of the DEPARTMENT'S Coastal Zone Manmagement Program,

who will advise the DEPARTMENT'S Coastal Zone Management Program of the

initiation and status of projects or programs likely to have a direct and

significant impact on the coastal environment.

4. Provide access, through the Coastal Zone Advisory Committee representative,

to AGENCY staff and information gathered by the AGENCY in order to allow

the DEPART/ENT to obtain the best information available for its decision-

making process.

S. 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.

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. f

3. Encourage and facilitate coordinated activities by Federal, State, and

local agencies whose activities affect the coastal environment.

C. The DEPARTMENT and the AGENCY may, by mutual agreement, supplement this

AGREPIENT to provide for particular activities, programs, or projects

necessary to assist in implementing one or more of the Coastal Zone

Management Program policies.

D. This AGREEMENT shall become effective on Federal approval of the Commonwealth

of Pennsylvania's Coastal Zone Management Program, and shall continue in full

force for a period of one (1) year and be automatically renewed thereafter in

successive one (1) year terms unless and until either party have given three (3)

months written notice of its intention to terminate this AGREEMENT or request

a revision of the terms and conditions of this AGREEMENT.

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

(Title] Clifford L. Jones, Secretary

Approved as to legality and form:

Assistant Attorney General
Department of Environmental Resources

ATTEST: PUBLIC UTILITY COMMISSION

(Title) Susan M. Shanaman, Chairperson

Approved as to legality and form:

Chief Counsel

Appendix B

Key Program Regulations

INTRODUCTION

This Appendix contains new proposed rulemakings and revisions to the
rulemaking which will be used to carry out the major State authorities
(Bluff Recession and Setback Act, and the Dam Safety Act) networked
into Pennsylvania's Coastal Zone Management Program. The proposed
rulemakings are for:

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

The proposed rulemaking for these regulations along with revisions made
in response to written comments and public hearing testimony constitute
the proposed final rulemaking for both these regulations. It should be
noted that these regulations are proposed but should become final prior
to Federal program approval. It should be noted that the proposed
revisions included at the end of the Bluff Recession and Setback Regu-
lations and within the Dam Safety and Waterway Management Regulations
of this Appendix indicate the [deletion] by brackets and the additions
by underline.

No approval of the Pennsylvania Coastal Zone Management Program will be
granted without adoption of adequate final regulations for Chapters 85
and 105. Changes made between the proposed final regulations appearing
in the FEIS and the final regulations as adopted will be reviewed by the
Office of Coastal Zone Management for both degree and substance of change.
Substantial changes to the Chapters 85 or 105 regulations will result in
distribution of the final regulations and commencement of a new 30-day
period prior to approval of the Pennsylvania Coastal Zone Management
Program.

II-B-1

2218 PROPOSED RULE MAKING
RESPONSIBILITIES OF THE CAREGIVER
A caregiver shall be responsible for the direct care, supervision and guidance of the child.
A caregiver shall provide the care as agreed to during a joint interview with the parent and service worker.
A caregiver shall be responsible for notifying the parentIs) if unable to care for the child(ren).
A caregiver is required to report immediately any child suspected of.being abused to the Child Line and Abuse Registry
operated by the Department pursuant to the Child Protective Service Law (P. L. 438, Act 124). The report shall be made on
the Child Line using the Statewide-toll free telephone number, 800-932-0313, or the caregiver shall notify the service worker.
Nutritionally adequate meals and appropriately timed snacks shall be served. No child shall be permitted to be without a
meal or snack for more than 41 ' hours.
Infants and toddlers shall be provided physical stimulation through being held. rocked, and played with, as well as
through being fed, bathed, and carried.
At no time shall children under six years of age be left unsupervised indoors or out. Older children shall be permitted play
without supervision as long as their whereabouts is known at all times.
A caregiver shall keep the parent(s) informed of the child's behavior or any change in physical condition. The caregiver
shall report to the parent(s) and service worker any physical, behavioral or learning problems.
No medication of any type shall be administered to a child without written consent of the parent.
Children shall be safe-guarded from any animal or pet which may present a health or safety hazard.
The caregiver shall complete appropriate social service forms, if required to do so by the service worker.
The caregiver shall provide the parent with a completed PA 112 Receipt for Payment of Child Care.
EMERGENCY SITUATIONS
The caregiver shall act responsibly in any emergency or unusual situation with the first concern being the child's welfare
and health and the second being the responsibility to contact the parentis) or service worker.
The caregiver shall record and have readily available the telephone numbers of the parent(s) and of an alternate person to
call if the parent(s) cannot be reached for use in emergency situations.
The caregiver shall administer appropriate emergency treatment while arranging to transport the child to the doctor, hos-
pital or emergency medical center.
The caregiver shall make arrangements for an individual, at-least 18 years of age, to assume care of the other children
while the caregiver accompanies the child to a source of emergency care. If such arrangements cannot be made, then all chil-
dren must accompany the caregiver to the source of emergency care.
RESPONSIBILITIES OF THE PARENT
The parent shall select a reliable caregiver using the help of the service worker as needed.
The parent shall prepare the childlren) for care by another person.
The parent prior to the joint interview with the caregiver and service worker shall make preliminary arrangements with
the caregiver as to hours of care needed, cost of care, meals to be served, nap periods if needed, health problems such as aller-
gies, etc.
If child care is provided in the child's home, the parent shall provide an adequate food supply for the child and caregiver.
The parent shall plan for emergency situations with the caregiver phone number where parent or another contact person
can be reached, name and number of family doctor or hospital, medical health plan number, etc.
The parent shall arrange, if possible, for another person who can be called on if the regular caregiver is ill or otherwise una-
ble to fulfill the child care duties.
The parent shall pay the caregiver promptly, obtaining a receipt (PA 112) for each payment. The receipts shall be forward-
ed to the CAO Income Maintenance Unit IIMU) worker at the end of each month as verification of continued financial need
for a child care cost grant.
[Pm. B. Do. No. 8002. Fled Mly 30. 1980. 9.00 aLm.

DEPARTMENT OF ing to bluff recession and setback) as 2063, Harrisburg, Pa. 17120 (717-787-
set forth in Annex A hereto. 4526) prior to the hearing date. Other
ENVI RON MENTAL The proposed regulations will en- interested persons are invited to sub-
courage the development of a compre- mit written comments, suggestions or
RESOURCES hensive and coordinated program to objections to the same address with a
regulate development activities copy to E. James Tabor, Manager,
ENVIRONMENTAL QUALITY BOARD through the use of setback ordinances Coastal Zone Management, Depart-
125 PA. CODE CH. 851 in bluff recession hazard areas,. de- ment of Environmental Resources,
[25 PA. C0D� CH. 85] signed to preserve and restore the nat- P. 0O. Box 1467, Harrisburg, Pa.
Bluff Recession and Setback ural ecological systems, and prevent 17120. Comments must be received
continuing destruction of private within seven days of the hearing date
Notice is hereby given that the En- property and structures. in order to be considered.
vironmental Quality Board, under the A public hearing to consider the pro- In addition to the written com-
authority contained in the Bluff Reces- posed regulations will be held on Mon- ments, interested persons may also
sion and Setback Act, act of May 13, day, June 9, 1980 at 6 p.m. to 9 p.m. in submit a summary of their comments
1980 (P. L. , No. 48) ( P. S. ) the Council Chambers, Room 103, City to both the Board and Mr. Tabor. The
proposes to adopt a new Chapter 85, Hall, 626 State Street, Erie, Pa. summary will be distributed to each
sections 85.1- 85.4, 85.11- 85.15, Persons interested in testifying at member of the Board in the agenda
85.21 - 85.26, 85.31 - 85.37, 85.41 - this hearing should contact the En- packet distributed prior to each meet-
85.44, 85.51 - 85.55 and 85.61 (relat- vironmental Quality Board, P. O. Box ing. The summary shall not exceed one
PENNSYLVANIA BULLETIN, VOL.'10, NO. 22, SATURDAY! MAY 31,1980
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PROPOSED RULE MAKING 2219
page in length and must also be re- SubiterC. MlulpaluaffSetb, two or more contiguous lots, tracts, or
OrdifianceN eudatiunt o o oecniefis ots rcto
ceived within seven days of the hear- 8531 enea parcels of land for any purpose includ-
ing in order to be considered. 85.32. Time limit for municipal adoption of bluff ing but not limited to:
"etbaek ordinance and iegulation.(
By the Environmental Quality Board 85.33. unipaldotinnddnrn. (A) a group of two or more build-
CLIFFORD L. JONES, 85.34. Geographic limit of bluff setback ordinance and ings; and
regulations.
Chairman 85.35. Municipal adoption of more Htrictive ordi- (B) the division or allocation of land
Fiscal Note: EQB 80-11. (1) General 85.36. Procedures for submission of ordinance and or space between or among two or
regulations bvy a municipalitv. more existing or prospective occu-
Fund and Federal Augmentation 85.37. Contents of ordinance and regulations submit. pants by means of or for thepurpose of
Fund: (2) General Fund - $8,000, Fed- ted by municipality.
eral Fund - �32,000. Local Fund - SulicbapterD. IDeptment Overtlgelof streets, common areas, leaseholds,
$20,000; (3) General Fund - $6,000. Munkl pCompliance condominiums, building groups, or
$6,600, $7,300, $8,000, $8,800, Federal 85.41. General ruirements.' other features; or
85.42. Depa'tm.nt rev i dew approvt �� munifica
Fund - $32,000, $24,000, $26,400, setback ordinance and regulations. {ii) A subdivision of land.
$29,000, $32,000, $35,200, Local 8s.43. Department review of implementation and ad-
ministration ofmunicipal setback ordinance and High bank - Any bank over five
Fund - $20,000 for each year; (4) regulations. feet high
1979-80 - $400,000, final planning 85.44. Coordination withenvironmentalprmotection pro-
grant periods, 1978-79 - $60,000, be- grams. Lake - A body of fresh water cover-
ginning final planning grant period, sb-lierE. GRNTA MRURSEMENTS ingat least 9,000 square miles.
TO MUNICIPALITES
1977-78 -- $40,000, completion of
1977-78 - $40,000, completion of 8551. General requirements. Market value - The value ofa struc-
third planning grant period; (7) 8552. Limitation of grants andreimbursements. ture determined by a certified apprais-
General Fund Appropriation Act of 85.53. Applications forgrantsand rembursements
Gener80; ~~~~al er Amnao 85:4. Disclainer for grants and reimbursements. al or by determining the assessed
1980; and Federal Augmentation Ap- .65. Recordsandaudit. value of a structure and applying the
propriation Act of 1980, both yet to be sub-haptaF. APPES assessment ratio of the county in
enacted; 18) recommends adoption. 8.61. Appeals which the structure is located.
These proposed regulations implement
Act 48 of 1980 and provide standards GENERAL PROVISIONS Minimum bluff setback distances -
and criteria of structural setbacks in 85 The shortest horizontal distance from
bluff recession hazard areas in the any point on the bluff line to any point
Commonwealth to limit property dam- The following words and terms, on a structure.
age and prevent increased recession. when used in this chapter, shall have,
Program costs are provided in the unless the context clearly indicates Municipality - A county, city oor-
Governor's Budget Request for Fiscal otherwise, the following meanings: ough, town, or township or any other
governmental unit when acting as an
Year 1980-81, and through grants Act - The act of May 13, 1980 agent thereof or any combination
from the Federal Coastal Zone (P. L No.. 1980-48) L P. S. thereof actingjointly.
Management. Local Government costs .� -n
only effect 'seven municipalities Persons--An individual, partner-
situated along the Lake Erie Shoreline. Bluff - Any high bank or bold head- ship, public or private association or
land with a broad precipitous cliff face corporation, firm, trust estate, munici-
Annex A overlooking a lake. pality, governmental unit, public utili-
TITLE 25. ENVIRONMENTAL Bluff line - The edge or crest of the ty or any other legal entity which is
RESOURCES bluff. recognized by law as the subject Of
PART I DEPARTMENT OF Bufrcsin-hlosf - rights and duties. When used in any
PARDENIRONMENTA R OBluff recession - T he loss of materi- section prescribing or imposing a
ENVIRONMENTAL RESOURCES al along the bluff face caused by the di- penalty, the term shall include memr-
Subpart C. PROTECTION OF rect or indirect action by one or a bters of a partnership; officers, mem-
NATURAL RESOURCES combination of groundwater seepage, bers, servants, and agents of an as-
water currents, wind generated water sociation; and officers, agents, or serv-
CH APTER $5. BLUFF RECESSION waves, or high water levels, ants of a corporation but shall exclude
AND SETBACK
Bluff recession hazard area- An any department, board, bureau, or
TbW of Coat.m area or zone where the rate of progres- agency of the Commonwealth.
GENERAL PROVISIONS sive bluff recession creates a substan- Parcel - A piece of ground that ex-
set. tial threat to the safety or stability of isted as an independent tax lot on the
85.1. Definitions.
85.2. scope. nearby existing or future structures or records of the county prior to its inclu-
8:.3: Purpose. utility facilities. sion in a municipality's designated
85.4. Violations.
Subcapt A. Proceres fror Desglnatlio of Bluff setback ordinance and regula-' bluff recession hazard areas.
Area Wlh Bluff Recion Hamards tions -- Building codes, zoning ordi- Plat - A map, drawing, or print ac-
85.11. Generalrequirements. nances, subdivision regulations, health curately drawn to scale showing the
85.12. . Identificationofbluffessionhaurds. regulations, special purpose ordi- proposed or existing location of all
85.13. Departmentnotificationto municipalitis. ats, sei ppoepps e es.
85.14. Municipal responseondesignation. nances, and other applications of the structures.
85.15. Department notifiaestion of the Environmental police power, which provide standards
Qualty Flord. Structure --Any man-made object
Quality Hoard. A~. for the location of structures and facili- Stnwture - Any man-made object
Shbcbaper B. Bluff Rtecedon Halrd m ties in bluff recession hazard areas. having an ascertainable stationary lo-
Dfesignalion sad Setback Requiretsinmetslfeesinhza. cation on or in land whether or not af-
85.21. Generalrequirements. Department - The Department of fixed to the land; structures are classi-
85.22. Methdls of determining Enirnmenta ResuresofthtCrn
5.22. f d eerminin minimum blu ck Environmental Resources of the Co- fled into three categories: residential,
85.23. Modification of minimum bluff setback monwealth. commercial, and light and heavyin-
distances.
85.24. Activities within a bluff recession hazard area. Development - dustriaL
85.25. Variances granted by the Department.
85.26. Msinimum bluff setback distances of a desig- (i) The improvement of one lot or (i) Residential structures are de-
nated municipality.

PENNSYLVANIA BULLETIN, VOL. 10, NO. 22,SATURDAY, MAY 31,1980

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2220 PROPOSED RULE MAKING
fined as a place providing habitation include any project for improvement of act. A person who violates the prcvi-
for an individual or group of individ- a structure to comply with existing sions of the act or a municipal ordi-
uals. Structures in this category in- State or local health, sanitary, or safe- nance will be subject to the appropri-
clude. but are not limited to single ty specifications which are solely ate penalties of the act.
family homes, duplexes, and summer necessary to assure safe living condi- Subchapter A. PROCEDURE FOR
cottages as well as any secondary tions or any alteration of a structure DESIGNATION OF AREAS WITH
structures associated with the residen- listed on the National Register of His- BLUFF RECESSION HAZARDS
tial structure. toric Places or a State inventory of his-
Iii) Commercial structures are de- toric places. � 85.11. General requirements.
fined as a place where commodities are Quality Board - The Environmen- The Department is authorized by
exchanged, bought, or sold. Structures tal Quality' Board of the Common- section 4 of the act ( P. S. � .)
in this category include, but are not wealth. to identify areas in this Commboi-
limited to grocery stores, hardware wealth which have bluff recession haz-
stores, clothing shops, and pharmacies � 85.2. Scope. ard areas. Prior to formal designation
as well as any secondary structure The provisions of this chapter are by the Quality Board, the tentatively
that is associated with the commercial adopted in accordance with the duties identified municipality will be invited
structure. placed on the Department by the act, to submit comments to the Depart-
(iii) Light and heavy industrial and they shall apply to all municipali- ment concerning the designation.
structures are defined as a place where ties designated as having bluff reces- � 85.12. Identification of bluff recession
smaterials are refinedaa produced, or sion hazard areas and to all persons hazards.
fabricated and storefd prior to ship- constructing, installing, or engaging in
f abricated and stored prior to ship- substantial improvement to any struc- (a) Pursuant to section 4 of the act
rment to commercial establishmentsce b ture or utility facility within bluff re- ( P. S. � ), studies will be con-
Structures in this category include but cession hazard areas. ducted when necessary to identify
are not limited to factories, power ' bluff recession hazard areas in this
plants, and warehouses, as well as any � 85.3. Purpose. Commonwealth. Studies prepared for
secondary structure that is associated The basic purposes of the act and these purposes shall do all of the fol-
with the industrial structure. Hospi- this chapter are as follows: lowing:
tals, nursing homes, schools, and other
public service facilities - because of (1) Encourage planning and devel- (1) Identify the geographic location
the dangers inherent in bluff reces- opment in bluff areas which is consis- of the potential hazard area; County,
sion - will for purposes of setback re- tent with sound land use practices. Township, and so forth.
quirements be considered light and (2) Protect people and property in (2) Define and evaluate the bluff re-
heavy industrial structures. bluff areas from the dangers and dam- cession hazard in relation to geophysi-
Structure Life Span - The useful ages associated with the inevitable re- cal processes such as recession and
life of the structure considering both cession of bluffs. erosion-related phenomena and exam-
economic and physical factors. ine the causative factors.
Substantial improvement - rural blight which results from the (3) Review and evaluate existing
damages of bluff erosion and reces- and potential damage to property and
(1) Any: sion. structures caused by progressive bluff
(A) repair, reconstruction, or im- 4) Minimize the expenditure ofpub recession
provement of a structure, the cost of lic and private funds for shoreline pro- (4) Develop a recession rate based
which equals or exceeds 50% of the tection and bluff stabilization struc- on historicalevidence.
market value of the structure either: tures and activities. (5 Develop conclusions and recom-
(I) before the improvement or repair (5) Authorize a comprehensive and mendations based on the findings of
is started; or coordinated program: to regulate de- the studies.
(II) if the structure has been dam- velopment activities through the use (b) To prevent the unnecessary ex-
aged and is being restored, before the of setback ordinances in bluff reces- penditure of public funds, the Depart-
damage occurred; or sion hazard areas, to preserve and re- ment will inventory, identify, and
(B) repair, reconstruction, or i- store the natural ecological systems, evaluate previous studies that may
provement of a structure occurring and to prevent continuing destruction have already been completed. If the
over a five-year period, the aggregate poperty and structures studies meet the requirements of this
cost of which equals or exceeds 50% of (6) Encourage local administration chapter, such studies may be utilized
the market value of the structure and management of bluffs consistent for purposes of section 4 of the act
either: with the Commonwealth's duty as I P. S. � ).
(i) before the first improvement or trustee of natural resources, and the
repair is started; or people's constitutional right to the 85.13 Department noification to
preservation of the natural, scenic, muicipalities
(II) if the structure has been dam- aesthetic, and historic values of the en- Following completion of the study,
aged and is being restored, before the vironment. the Department will, by certified let-
damage occurred. ter, notify the governing body of the
(ii) Substantial improvement is con- � 85.4. Violations. municipality that it has been tenta-
sidered to occur when the first altera- A municipality that fails to adopt tively designated as possessing a bluff
tion of any wall, ceiling, floor, or other and submit a bluff setback ordinance recession hazard area. The letter will
structure part of the building comn- and regulations or fails to properly ad- contain all of the following informa-
mences, whether or not that alteration minister the provisions of this chapter tion:
affects the externaldimensions of the will be found in violation of the act and (1) The geographic location of the
structure. The term does not, however, will be subject to the penalties of the hazard area.

PENNSYLVANIA BULLETIN, VOL 10, NO.22, SATURDAY, MAY 31,1980
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PROPOSED RULE MAKING 2221
(2) A summary of the findings of the ences. This meeting will be held within firmative action by the Quality Board,
Department's study. 30 days from the date of the letter re- the Department will notify the munici-
(3) The historic recession rate and ceived from the municipality. pality that it must within six months
the process used to calculate this rate. (c) In the event a municipality fails comply with the provisions of the act
(4) The minimum bluff setback dis- to comment within the time prescribed and this chapter.
tances that will be required by the De- in � 85.13(6) of this title (relating to Subchapter B. BLUFF RECESSION
partment. Department notification to municipali- HAZARD AREAS DESIGNATION
ties), the Department will assume the AND SETBACK REQUIREMENTS
(5) A request for comments from the municipality is in agreement and will
municipality concerning the tentative note that municipality provided no � 8521. General requirements.
designation and setback distances. comment concerning the designation Pursuant to section 5 of the act (
(6) Specification of the time limits and the required setback distance P. S. � ), this subchapter provides
for comment. within the allotted time. procedures for calculation of minimum
(7) Notice that a public hearing will (d) Following transmittal of the De- bluff setback distances and the mimita-
be held concerning the designation of partment's request to the Quality bluff setback distances in designated
bluff recession hazard areas by the Board, the Quality Board will gve bluff recession hazard areas.
Quality Board prior to formal designa- public notice and hold public hearings
tion. on the request to formally designate � 85.22. Methods of determining mini-
areas within municipalities as bluff re- mum bluff setback distances.
� 85.14. Municipal response on designa- cession hazard areas. (a) The Department will develop
-ion ,(e) Following public hearings, the minimum bluff setback distances for
Each municipality tentatively Department will consider the comn- each municipality tentatively desig-
identified by the Department as pos- ments received at the public hearing nated as having a bluff recession haz-
sessing a bluff recession hazard area and make appropriate revisions to the ard area by applying the following for-
will be invited to submit written con- request and resubmit it to the Quality mula:
ments concerning the tentative desig- Board for final action. Following an af-
nation to the Department within 60
days of receiving the Department's
notification letter. Rate of Bluff X Appropriate life = Minimum Bluff
� 85.15. Department notification of the Recession span of structure Setback Distance
Environmental Quality Board.
(a) When the Department receives (1) The rate of bluff recession is the � 85.24. Activities within a bluff reces-
cormments from a tentatively desig- average rate -of recession for all the sion hazard-area.
nated municipality, it will prepare and municipality's bluff as calculated y I any bluff recession hazard area
transmit to the Quality Board a re- the Department. no bluff recession hall constzard a rea,n-
quest for formal designation of the no personshallconstruct, installoren-
municipality's bluff recession hazard (2) The appropriate life span of gage in substantial improvement to
area and the establishment of bluff set- structure is 50 years for residential any structure or any utility facility
back distances in the bluff recession homes; 75 years for commercial struc- such as water, sewage, electric, gas, oil
hazard area. The request will contain. tures, and 100 years for light and or telephone within the minimum bluff
at a minimum, all of the following: heavy industrial structures. . . setback distances established pursu-
(1) The Department's findings con- lb) In no case shal the minimum' --ant to � 85.22.,f this title lrelating to
cerning the location and determination bluff setback distance be less than 50 methods of determining mi
of the bluff recession hazard area in feet. When use of the formula identi- bluff setback distances) except as pro-
the municipality. fled in subsection (a) of this section vided under � 85.25 (relating to var
would produce a minimum bluff set- iances granted by the Department) or
(2) The nature of the existing and back distance of less than 60 feet, the - � 85.37(4) of this title (relating to con-
potential damage to property and formula will not apply and 50 feet will tents of ordinance and regulations sub-
structures. be the minimum bluff setback dis- mitted by municipality).
(3) All comments received from the tance. � 85.25. Variances granted by the De-
affected municipality. � 85.23. Modification of minimum bluff partment.
(4) A recommendation, incorporat- setback distances. (al During the period between Qual-
ing consideration of the comments re A minimum bluff setback distance ity Board designation of a bluff reces-
ceived from the municipality, that the for a municipality may be modified sion hazard area and the Department's
area be designated as a bluff recession upon presentation of formal studies ac- approval of a municipality's bluff set-
hazard area(s) and subject to Subchap- ceptable to the Department document- back ordinance and regulations, the
ter C of this-chapter. ing annualrecessionratesatvariance Department may grant variances to
(b) In the event a municipality dis- with the Department's recession rate the bluff setback requirements for al
agrees with the Department's letter data. Upon Department review and ac- construction in a designated bluff re
tentatively designating it as possess- ceptance of the data as accurate and cession hazard area. A property owner
ing a bluff recession area and the re- compatible with the objectives of the shall file an application with the De-
quired setback distances and has not act, a new minimum bluff setback di partment for a variance to allow con-
submitted comments acceptable to the tance will be calculated. The Depart- struction on his property.
Department, the appropriate repre- ment will request the Quality Board to (b) When the Department receives
sentatives of the Department will con- amend the designation in accordance the completed application, it will re-
tact and offer to meet with representa- with the provisions of this subchapter view the application based on the cri-
tives of the municipality to review, dis- concerning the minimum bluff setback teria for a variance pursuant to
cuss, and attempt to resolve the differ- distances. � 85.37 (4) of this title (relating to con-
PENNSYLVANIA BULLETIN, VOL. 10, NO. 22, SATURDAY, MAY 31,1 80
TTI-B- q5

2222 PROPOSED RULE MAKING
tents of ordinance and regulations sub- strued as in any way limiting the pow- tth. Department will provide assis-
mitted by municipality) within 45 days er of any municipality to adopt more tance to the municipality in developing
and send a registered letter to the ap- restrictive ordinances, codes, or regu- this procedure.
plicant approving or disapproving the lations governing construction and de. (3) A municipality shall provide a
variance. A copy of this letter will be velopment in bluff recession hazard procedure, as a part of the ordinance
sent to the municipality for its perma- areas that are established pursuant to and regulations, that enables monitor-
nent record. If the Department does �� 85.22 - 85.24 of this title (relating ing of substantial improvements to
not take action regarding the applica- to bluff recession hazard area designa- structures bisected by or within the
tion within 45 days, the application tion and setback requirements). bluff setback distance. The procedure
will be deemed approved. � 85.36. Procedures for submission of must ascertain the market value of the
� 85.26. Minimum bluff setback dis- an ordinance and regulations by a mu- property prior to the first improve.
tances of a designated municipality. nicipality. ment and document subsequent im-
The minimum bluff setback distance (a) A municipality in developing a provements to the structure to ensure
for the various categories of structures bluff setback ordinance may use an ex- that they do not exceed 50% of the
will be adopted by the Quality Board isting ordinance and regulations, market value for a consecutive five-
based on the Department's report. amend an existing ordinance and regu- year period. At the request of the mu-
Subchapter C. MUNICIPAL BLUFF lations, or develop a new ordinance nicipality, the Department will pro-
SETBACK ORDINANCE aIPA nd regulations. vide assistance to the municipality in
~~~~~~~~~~SETBACK ORDINANCE and regdeveloping this procedure.
AND REGULATIONS (1) When an existing ordinance and pro
� 85.31. General requirements. regulations is utilized, the municipal- f4) The municipality shall provide
85.3.ity shall forward one copy of the pro- for a variance to its bluff setback ordi-
As required by section 6 of the act posed ordinance and regulations to the nance and regulations only in the fol-
(I P. S. � ), designated munici- Department along with comments on lowing cases:
palities shall adopt and implement a how the ordinance and regulations Ii) When an established setback dis-
bluff setback ordinance and regula- meet the requirements of the act and tance prevents construction on a par-
tions. This subchapter outlines the this chapter. cel of land in a bluff recession hazard
procedures for meeting these require- 2) When an existing ordinance and area, a variance may be applied for.
regulations are amended to meet the he variance shall be granted only
� 85.32. Time limit for municipal adop- requirements of the act, the municipal- when the following criteria are met.
tion of bluff setback ordinance and ity shall forward one copy of the ordi- (A) The structure and all associated
regulations. nance and regulations and amend- structures and utilities facilities shall
Each municipality, following formal ments to the Department along with be located on the property as far land-
Quality Board designation of a bluff comments on how the proposed ward of the bluff line as allowed by
recession hazard area, shall within six amendment to the ordinance and regu- other municipal ordinances.
months of receiving notification lations meet the requirements of the (B) The structure shall be designed
amend or adopt and implement a bluff act and this chapter. and constructed to be movable in ac-
setback ordinance and regulations (3) When the municipality develops cordance with proper engineering
which are consistent with the require. a new ordinance and regulations, the standards and building moving restric-
ments of � 85.37 of this title (relating municipality shall forward one copy of tions applicable to the subject area pri-
to contents of ordinance and regula- the ordinance and regulations to the or to damage by bluff recession. Struc-
tions submitted by municipality). Department along with comments on tures in this category may include
� 85.33. Municipal adoption and admin- how the proposed ordinance and regu- trailers or modular homes. Review and
istration. lations meet the requirements of the approval of the design shall be incorpo-
act and this chapter. rated into the municipalities permit
Each designated municipality is re- process. All construction materials in-
quired to adopt and administer a bluff � 85.37. Contents of ordinance and reg- cluding foundations shall be removed
setback ordinance and regulations in a ulations submitted by municipality. or disposed of as part of the moving
or disposed of as part of the moving
manner consistent with the provisions (a) The ordinance and regulations operation. Access to and from the
of the Pennsylvania Municipalities submitted by a municipality to the De- structure site shall be of sufficient
Planning Code (53 P. S. �� 10101 - partment shall include at a minimum width and acceptable grade to allow
11202) or other applicable enabling leg- the following components: for moving of the structure.
~~~~islation. ~(1) A setback ordinance and regula-
� 85.34. Geographic limit of bluff set- tions shall meetthe minimum require. (ii) When a structure or utility facil-
back ordinance and regulations. ments and contain a minimum setback it requires access to a lake over or
A municipality may adopt a bluff distance for each class of structure through the bluffs for operating pur-
setback ordinance and regulations for pursuant to this chapter poses.
a bluff recession hazard area without (2) The municipality shall provide a (A) A variance granted under this
adopting an ordinance and regulations mechanism for permitting all proposed section shall apply only to the dis-
governing any other area of the munic- construction installation or substan- charge and withdrawal lines - infra-
ipality notwithstanding any provision tial improvement of structures or any structure - that provide the facility
of the Pennsylvania Municipalities utilityfacilitiesuch as water sewage with lake water for operating pur-
Planning Code (53 P. S. electric, gas, and telephone in desig- poses. Al other structures must ob-
�� 10101- 11202) or other applicable nated bluff recession hazard- areas. serve thelocal setback distance.
enabling legislation. This bluff setback permitting process (B) During the construction, the ap-
� 85.35. Municipal adoption of more re may be incorporated into any existing plicant or persons engaged in the ac-
strictive ordinance. permitting process administered by a tual placement of the infrastructure
municipal building code or zoning offi- must utilize sound land use practices
No provision of the act shall be con- cer. At the request of the municipality, which will reduce disruption of the
PENNSYLVANIA BULLETIN, VOL. 10, NO. 22, SATURDAY, MAY 31,1980

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PROPOSED RULE MAKING 2223
bluff edge and bluff face. These sound ( P. S. � ) the Department will forcement of its bluff setback ordi-
land use practices include but are not adopt procedures and regulations for nance and regulations. The review will
limited to methods to minimize storm- the review and approval of municipal occur on a date and location mutually
water run-off, increased soil erosion, ordinance and regulations. agreed upon by the representative of
changes to local drainage partent review ad approv the Departinent and the appropriate
and changes to protectiver. vegetative al of a municipal setback ordinance municipalofficials.
and regulations. (b) If the Department finds that a
(C) The infrastructure providing the (a) The Department will, within 90 municipality has failed to implement
utility facility or structure access to days of receiving a witten request to and enforce in a consistent and effec-
th e lake s hall be designed and con- approve a municipality's bluff setback tive manner the bluff setback ordi-
structed so that it is adequately pro- ordinance and regulations, review the nance and regulations required by the
tected from the dang e rs of bluff reces-re-
sions and does not increase bluff rece- proposal pursuant to the requirements act and th is c ha pter, then the munici-
sion achieve adequate prno tection cotainedin 85.37 of this title (reat plity shall be subject to the sanctions
of the bluff, the construction of the in ig to contents of ordinance and regu- p rovided in the act. The municipality
frastructure tshall occur in ofa manner lation submitted by municipality). will be deemed to have implemented
~frastructure shall occur in a manner ~ and enforced in a consistent and effec-
that minimizes potential adverse or (b) The Department will, upon as- tive manner the bluff setback ordi-
long-term disruption of the bluff face certaining that the proposed bluff set- nance and regulations when in any
and in conformance with the provi- back ordinance and regulations meet area designated as having a bluff re-
sions of Chapter 102 of this title (relat- the minimum requirements set forth in cession hazard no person shall have
ing to erosion control). � 85.37 of this title (relating to con- constructed, installed, or engaged in a
(5) The municipality shall provide a tents of ordinance and regulations sub- substantial improvement to any struc-
procedure to amend municipal setback mitted by municipality), notify the ture or any utility facility in violation
ordinances. The Department will, at municipality by certified letter of the of the bluff setback requirements es-
the request of the affected municipal- approval of the ordinance and regula- tablished pursuant to the act and this
ity, provide assistance in incorporat- tions. chapter.
ing revisions to this chapter into the (c) Should the Department fail to re- (c) When the Department finds that
municipal ordinance and regulations. spond within the allotted 90-day time a municipality has failed to implement
(6) The Department will suggest an limit, the ordinance and regulations and enforce the bluff setback ordi-
administrative procedure for main- shall be deemed to be approved and nanc and regulations as required by
taining records of all correspondence, the municipality shall use that ordi- subsection (b) of this section, the De-
applications for permits, and issuance nance and regulations to enforce the partment will, as it deems necessary,
and denial of such permits. On Febru- provisions of the act. conduct additional reviews of the mu-
ary 28 of each year, a copy of the rec- id) Should the Department, during nicipality's implementation and en-
ords from the preceding calendar year the review of the proposed ordinance forcement of the bluff setback ordi-
shall be submitted to the Department and regulations, find that the ordi. nance and regulations to ensure that
for its review and permanent record. nance and regulations do not meet the the appropriate changes have been
This procedure shall require that all minimum requirements of this chap- made which assure coordinated, con-
necessary records include the name ter, the Department will disapprove sistent, and effective enforcement of
and address of the applicant and the the ordinance and regulations and will the municipal ordinance and regula-
location and description for the follow- notify the municipality. The letter will tions.
ing activities: contain the reasons for disapproval � 8544. Coordination with environmen-
(i) Construction, installation, or en- and suggestions for, correcting the tal protection programs.
gagement in any substantial improve- problem. Upon receipt of this letter,
17)- the municipality shall have 30 days to The Department and all municipali?
ment to structures affected by the correct the problem and resubmit the ties designated as having a bluff reces-
minimum bluff s etback distance proposed ordinance andregulations. If sion hazard area are still subject to re-
() Improvement projects for any the municipality disagrees with the quirements of other environmental
existing structure located within the Department's findings, the municipal- protection programs. These programs
minimum bluff setback distance. ity may appeal the Department's deci- include but are not limited to: erosion
(iii) Variances granted by the munic- sion pursuant to the procedures out- and sedimentation control, water ob-
of(III) V bluff recession hazard ar lined in this chapter. struction, clean water, sewage treat-
ipality in bluff recession hazard ard srment facilities, gas-well drilling,
(7) The municipality has alerted and (e) If the municipality fails to adopt stormwater management, and flood-
shallcontinue to alert permit appli- or submit a bluff setback ordinance plain management.
cants, when permits are granted, that and regulations to the Department,
the bluff setback requirements are at the Department may institute an ac- Subchapter E. GRANTS AND
best a minimum distance and, because tion in mandamus to compel the mu- REIMBURSEMENTS TO
of variations in local bluff recession nicipality to comply with the require- MUNICIPALITIES
rates, cannot guarantee that a proper- ments of the act and this chapter. � 85.51. General requirements.
ty located in a bluff recession hazard � 85.43. Department review of Imple. Department is authorized by
area will not be endangered by bluff re- mentation and administration of mu-

MUNICIPAL COMPLIANCE implementation and administration of ments of the act. Grants and reim-
� 85.41. Generalrequirements. the municipal bluff setback ordinance bursements shall be made available
and regulations at least once a year to from and to the extent of the Federal
As required by section 7 of the act assure coordinated and consistent en- funding augmentation under 16 U.S.C.

PENNSYLVANIA BULLETIN,VOL. 10, NO. 22, SATURDAY, MAY 31, 1980
II-B-7

2224 PROPOSED RULE MAKING Annex A
�� 1451 - 1464, as appropriated by expenses of whatever nature for which TITLE 25. ENVIRONMENTAL
the General Assembly for such pur- funding has been provided under the RESOURCES
poses. provisions of the grant. Such records PART I. DEPARTMENT OF
shall be maintained in accordance with ENVIRONMENTAL RESOURCES
� 85.52. Limitation of grants and reim- generally accepted accounting pinci-
t � bursements. g s agenerally accepted accounting princi- N OF
Wbursements. pies. A detailed explanation of the ac- Subpart C. PROTECTI
Grants shall be available from the counting procedures and types of rec- NATURAL
Department to municipalities to reim- ords are contained in the "Manual of RESOURCES
burse them for allowable costs in- Accounting and Related Financial Pro- CHAPTER 85. BLUFF RECESSION
curred in complying with the require- cedures for Pennsylvania Municipali- AND SETBACK
ments of the act. Grants shall be limit- ties," published and distributed by the 85.26. Designated municipalities and
edto: Department of Community Affairs. minimum bluff setback distances for
minimum bluff setback distances for
(1) Seventy-five percent of the costs (b) It will be necessary for a munici- identified categories of structures.
incurred for the development and im- pality to maintain accounting records
plementation of a bluff setback ordi- and supporting documentation which (a) Pursuant to � 85.15 of this title
nance and regulations required by identify all revenue and costs from the (relating to Department notification of
these regulations as well as 75% for effective date to expiration date of the the Environmental Quality Board), the
the costs incurred by a municipality in grant. As a minimum, the following municipalities identified in subsection
revising a setback ordinance and regu- books of account shall be used: (c) of this section have been designated
lations established prior to the act to (1) Cashreceiptsjournal. as possessing a bluff recession hazard
comply with the requirements of this a
chapter. (2) Cashdisbursement journal.
2) Fifty percent of the allowable 3) Payroll journal. (b) The municipalities designated in
(2) Fifty percent of ther to subsection (c) of this section are re-
costs ff an or thdinane ongoing administration (4) General journal. quired to adopt and implement a bluff
ipality. Allowable costs for adminis- c) In the event a municipality re- setback ordinance and regulations
tration of bluff setback ordinance shall cords transactions by the accrual Which incorporate the bluff setback
not include those costs which are off- method of accounting, additional rec- distances listed in subsection c) of this
set by reasonable permit fees imposed ords are required.
by the municipality. (d) The following documentation (c) Designated municipalities and
� 85.53. Applications for grants and re- should be retained in file: copies of rev- setback distances in feet are as fol-
imbursements. , enue documents, original vendor in- low
voices, payroll records, cancelled
(aW All applications for grants shall checks, worksheets used to prepare .
be made on forms provided byandina checks, worksheets used to prepare
be made on forms provided by and in a grant reports, and other related grant ~ e a ,
manner prescribed by the Department information. All records should be re- bo 0
w and shall contain and be supplemented tained for a period of three years from
with such information as may be re- the grant expiration date or until all
quired by the Department. pending matters are resolved.
(b) Applications will only be accept- Subchapter F. APPEALS
ed by thire Department during the first P
quarter of the Commonwealth's fiscal � 85.61. Appeals. a in in e -
year. The Department will notify the (a) Any person or municipality ag-
municipality, during the fourth quar- grieved by an action of the Depart- 8
ter of the preceding fiscal year that ment shall have the right within 30
grant funds for the upcoming fiscal days of the receipt of the notice of such
year will be available for the adminis- action to appeal such action to the En-
tration of their bluff setback ordinance vironmental Hearing Board, pursuant .-
and regulations. to 2 Pa. C. S. �� 501 - 508 and 701-- o
� 85.54. Disclaimer forgrantsandreim- 704. CD o
bursements. (b) An appeal of any action under m
Nothing in this section shall be con- the act shall not act as a supersedeas.
strued to impair or limit application of A supersedeas may be granted by the
this act to any municipality or person Environmental Hearing Board upon a
or to relieve any municipality or per- showing by the petitioner: 9
son of duties imposed under this act. (1) that irreparable harm to the peti- a
� 85.55. Records and audits. tioner or other interested parties will,
result if supersedeas is denied; , , '
(a) Municipalities shall maintain resultifpeedeaisdenied
books, records, documents, corre- (2) that there is a likelihood of the O. a ;a
spondence, and other evidence pertain- petitioner's success on the merits; and .o 3 0 ~ e ~ .a s
ing to the costs and expenses incurred (3) that the grant of a supersedeas a g c
pursuant to � 85.52 of this title (re- will not result in irreparable harm to
lating to limitation of grants and the Commonwealth.u v. 1 U c X
reimbursements) to the extent and ~ } .a)o S 0
in such detail as will properly re- iW . .W .
fleet all costs - direct and indirect - [P. B. Doe. N. 80-838. Filed May 30. 1980. Z
of labor, materials, equipment, sup- 9:00M.m.l
plies, and services and other costs and NO. 30, SATURDAY, JULY 28,1980
PENNSYLVANIA BULLETIN, VOL. 10, NO. 22, SATURDAY, MAY 31,1980

ANNEX A

TITLE 25 ENVIRONMENTAL RESOURCES

PART I. DEPARTMENT OF ENVIRONMENTAL RESOURCES

SUBPART C. PROTECTION OF NATURAL RESOURCES

CHAPTER 85. BLUFF RECESSION AND SETBACK

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 this chapter will be found in violation of the act and will be subject
to the [penalities of] sanctions provided for in the act. A person who
violates the provisions of the act [or a municipal ordinance will be
subject to the appropriate penalities of the act], these regulations, or
municipal ordinance or the regulations promulgated thereunder will also
be subject to the sanctions provided for in the act.

Section 85.15. Department notification [of] to the Environmental
Quality Board.

Subchapter 13. BLUFF RECESSION HAZARD AREA [DESIGNATION AND] SETBACK
REQUIREMENTS

Section 85.22(a)(1) The rate of bluff recession is the average annual
rate of recession for all the municipality's bluff as calculated by
the Department.

Section 85.37(a)(6) The [Department] municipality [will] shall [suggest]
provide (the Department will assist if requested) an admlini-TTrative
procedure . .

Section 85.37(a)(6)(i) Construction, installation, or engagement in any
substantial improvement to structures affected by the minimum bluff
setback distance [.], including the information collected as a result
of the monitoring procedure established in (3) above.

TITLE 25. RULES AND REGULATIONS
PART I. DEPARNmr OF UNVIRCOhWNMI, RESOUICES
Subpart I . DE PRTETION OF NARAL RESOURES "Body of water." Any natural or artificial lake, pond, reservoir,
Subpart C. PROTECTION OF NATURAL RESOURCES
ARTICLE II. UATER RESOURCES swamp, marsh or wetland.

CHAPTER 105. DAM SAFETY A/ND WATERWAY mANAG24ENT "Bridge." A structure and its appurtenant works erected over the

regulated waters of this Commonwealth.
Authority
"Commercially navigable waters of the Delaware River and its navigable
The provisions of this Chapter 105 issued under Act of November 26, tributaries." Those portions of the Delaware River from the Delaware

1978, P.L. 1375, Sections 5, 7, 10, 11, and 17, as amended, (32 P.S. Sections border in the south to the railroad bridge at Morrisville in the north

693.5, 693.7, 693.10, 693.11, and 693.17); Act of October 4, 1978, P.L. and those portions of the Schuylkill River below Fairmount Dam; Chester

851, Sections 302 and 402 (32 P.S. Sections 679.302 and 679.402); Act Creek below Ninth Street; Crum Creek below the Route 291 (Industrial

of June 14, 1923, P.L. 704, Section 7 (32 P.S. Section 597); Act of June Highway) Bridge; Darby Creek below 84th Street; Neshaminy Creek below the

22, 1937, P.L. 1987, Sections 5 and 402 (35 P.S. Sections 691.5, 691.402); Route 13 Bridge; Pennypack Creek below the Frankford Avenue Bridge; and

and Administrative Code, Act of April 9, 1929, P.L. 177, as amended, Sections Ridley Creek below the Baltimore and Ohio Railroad Bridge in Chester.

514, 1901-A, 1908-A, 1917-A, and 1920-A (71 P.S. Sections 194, 510-1, "Construct." To erect, build, place or deposit, including preliminary

510-8, 510-17, and 510-20). preparation of a site for construction.

"Course." The path taken by a stream, floodway or body of water.
Subchapter A. GENERAL PROVISIONS "Cross section." The area fran the top of the bank to the top of

�105.1. Definitions. the opposite bank of a stream [channel] or body of water as cut by a

The following words and terms, when used in this chapter, shall have vertical plane passed at a right angle to the course of the stream.

the following meanings, unless the context clearly indicates otherwise: "Culvert." A structure with appurtenant works which carries a

"Appurtenant works." Structures or materials incident to or annexed stream under or through an etbanament or fill.

to dams or water obstructions which are built or maintained in connection "Current." The rate or velocity of flow of water in a stream,

with such dams or water obstructions and are essential to their proper floodway or body of water.

functioning. For dams, appurtenant works include but are not limited to "Dam." Any artificial barrier, together with its appurtenant works,

such structures as spillways, either in the dam or separate therefrom; constructed for the purpose of impounding or storing water or any other

low level outlet works; and conduits such as tunnels, pipelines or pen- fluid or semifluid; or any refuse bank, fill, or structure for highway,

stocks through the dam or its abutments. railroad, or other purposes which does or may impound water or any other

fluid or semifluid.

11-8-10 IT-B-li

"Dam Safety and Encroach"Drents Act." The Act of Nove"Dredge." reve sand, gravel, mud, or other materials from the
"Dam Safety and Encroachnnts Act." The Act of Novere 26, 1978
(P.L. 1375, No. 325), as amended, (32 P.S. 5693.1 - 693.27). beds of regulated waters of the Ccmniaialth.
"Departient." The Department of Environmantal Resoures Of te "Dredged material." Any material that is excavated or dredged from
"Department." The Department of Environmental Resources of the
omrsonwealth. the regulated waters of the Camnnwealth.

"Design flood." A specified discharge for which the hydraulic "acroachment.' Any structure or activity which in any manner

changes, expands or diminishes the course, current or cross-section of
capacity of a structure is designed.

"Discharge of dredged material." Any addition, deposit, disposal, or any watercourse, floodway or body of water.
"FEa" The Federal Emergency Management Agency.
discharge of dredged material into the regulated waters of the Ccrmunwealth,
"Fill." Sand, gravel, earth or other material placed or deposited
including but not limited to, the addition of dredged material to a specific

disposal site located in the regulated waters of the Ccmnealth and the so as to form an embankment or raise the elevation of the land surface;

includes material used to replace an area with aquatic life with dry lard
runoff or overflow of dredged material from a contained land or water
or to change the bottoma elevation of any regulated waters of the Ccommo ealth.
disposal area. The term does not include plowing, cultivating, seeding
"Flood." A general but temporary conrdition of partial or oarplete
and harvesting for the production of food, fiber, and forest products.

inundation of normally dry land areas from the overflow of streams,
"Discharge of fill material." Any addition, deposit, disposal, or
rivers or other waters of this Cuealth.
discharge of fill into the regulated waters of the C ommnwealth, including,

"Flood Plain Management Act." The act of October 4, 1978 (P.L.
but not limited to the following activities: placernent of fill that is
851, No. 166} (32 P.S. 5�679.101 - 679.601).
necessary to the construction of any structure in any regulated waters of
"Floodplain." The lands adjoining a river or stream that have been
the Ccumonwealth; the building of any structure or inpoundment requiring
rock, sand, dirt, or other material for its construction; siteer may be expected to be inudated by flood waters in a 100-year

fills for recreational, industrial, cormercial, residential, and other frequency flood.
"Floodway." The channel of the watercourse and those portions of
uses; causeways or road fills; dams and dikes; artificial islands;
the adjoining floodplains which are reasonably required to carry and
property protection and/or reclamation devices such as riprap, groins,
discharge the 100-year flood. Unless otherwise specified, the boundary
seawalls, breakwaters, and revetments; levees, fill for structures such as
of the flooday is as irdicated an maps and flood insurance studies pro-
sewage treatment facilities; intake and outfall pipes associated with
power plants and subaqueous utility lines; and artificial reefs. vded by PEA. In an area where no F maps o studias have defined
the boundary of the 100-year floodway, it is assumed, absent evidence to the
term does not include plowing, cultivating, seeding and harvesting for
the production of food fiber and forest ~pro . -contrary, that the floodway extends from the stream to fifty (50) feet

from the top of the bank of the stream.

II-B-12 II-B-13

0~~~~~~~~~~~~~~IBI

0 0 /

"100-year frequency flood." The flood magnitude expected to be

"Freeboard." The vertical distance between the water surface equaled or exceeded on the average of once in 100 years; it may also be

elevation experienced during the design flood and the crest elevation expressed as the flood having a 1.0% chance of being equaled or exceeded

of a dam levee, floodwall, or other embankment. in any given year.

"Height of dam." The vertical measurement expressed in feet as "Operation." Elements of the use, control and functioning of a

measured from the downstream toe of the dam at its lowest point to the facility during the lifetime of the facility, including its removal, which

elevation of the top of the dam. may affect primarily the storage, release or flow of water, the structural

"Levee." An earth errankrment or ridge constructed along a water- safety of a facility, or navigation, with due consideration of the other

course or body of water to confine water within prescribed limits; it is purposes of the Dam Safety and Encroachments Act.

also known as a dike. "Owner." Any person who owns, controls, operates, maintains, or

"Limited [Water] Power and [Power] Water Supply Act." The act of manages a dam or reservoir, water obstruction or encroachment.

June 14, 1923, P.L. 704, as amended, (32 P.S. ��591-625). "Person." Any natural person, partnership, association, corporation,

"Maintenance dredging.0 Dredging conducted as part of consturc- public utility, municipality, municipal authority, political subdivision

tion of a dam, water obstruction or encroachment, and periodic dredging of the Comnsnwealth, receiver, trustee, and any department, board,

conducted in order to: cmrmission or authority of the Ccumnnwealth.

(1) maintain adequate depths for navigation;

(2) assure proper passage of ice and flood flows; or

(3) preserve the safety, stability and proper operation of

the facility.

"Mitigation." Mitigation, an action or actions: (a) minimizing

impacts by limiting the degree or magnitude of the action and its

implementation; (b) rectifying the impact by repairing, rehabilitating

or restoring the impacted environment; (c) reducing or eliminating the

impact over time by preservation and maintenance operations during

the life of the action or if (a) - (c) cannot be achieved, (d) oaLren-

sating for the impact by replacing or providing substitute resources

or environments.

"Navigation Commission." The Navigation Carmission for the

Delaware River or its navigable tributaries.

II-B-15
II-B-14

"Political subdivision." Any county, city, borough, incorporated (6) telephone or telegraph communcations; and

town, township, school district, authority, or other governmental unit (7) sewage collection, treatment or disposal.

or any combination thereof acting jointly. "Regulated waters of the Camonwealth." All watercourses, streams

"Probable maximum flood or PeF." The flood tha~t ima'y be expected or bodies of water, and their floodways, wholly or partly within, or
from the most severe combination of critical meteorologic and hydrologic forming part of the boundary of this Camrnwealth.

conditions that are reasonably possible in an area; the PMF is derived
"Reservoir." Any basin, either natural or artificial, which contains
from the probable maximur precipitation (WMP) as determined on the basis
or will contain the water or other fluid or semifluid impeunded by a
of data obtained from the National Oceanographic and Atmospheric d

Administration (bflAA).
ASafety." Security from the risk or threat of significant loss or
"Public service corporation or public utility." A corporation,
injury to life, health, property and the environment.
association, or other corporate body having any of the powers and privileges "Solid Wast e anagent Act." he Pennsylvania Solid Waste anagement

of corporations not possessed by individuals or partnerships which Act (35 P.S. 6001-6017).

entity renders a public utility service; the term shall not include any
"Spillway." Any device which safely conveys the design flood of a
municipality or municipal authority.
dam without endangering its safety or integrity.
"Public service line." Includes, but is not limited to, electric Storage capacity." The vlume as exressed in acre-feet of the

transmission lines, gas pipelines, telephone lines, water lines, railroad
impounded water to the maximum storage level, that is, the top of the
trackage, and other facilities owned or operated by public service

corporations.
"Storm Water Management Act." The act of October 4, 1978 (P.L. 864,
"Public utility service." The rendering of the following services No. 167) 32 P.S. 5680.1 - 680.17).

for the public:
"Stream." See the definition of watercourse.
(1) gas, electricity, or steam production, generation,
"Stream crossings." Any pipeline, aerial cable, or similar structure
transmission or distribution;
which is placed in, along, under, across, or over the regulated waters
(2) water diversion, pumping, inpoundment or distribution; of the C alth.

(3) railroad transportation of passengers or property;
"Stream enclosure." Any bridge, culvert, or other structure in
(4) operation of a canal, turnpike, tunnel, bridge, wharf or
excess of 100 feet in length upstream to downstream and which encloses
simnilar stlructure;
any regulated waters of the Camrtwealth.
(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-16 II-B-17

0~~~

�105.2 Purposes.
"Submerged lands of the Commonwealth." All waters and permanently
The purposes of this Chapter are to:
or periodically inundated lands owned for held in trust] by the
(1) Provide for the comprehensive regulation and supervision of
Commonwealth, including all lands in the beds of navigable lakes and
dams, reservoirs, water obstructions and encroachments in the Commonwealth
rivers and beds of streams declared public highways, which are owned
in order to protect the health, safety, welfare, and property of the
and held in trust by the Camonwealth.
people.
"Water Obstruction." Any dike, bridge, culvert, wall, wingwall,
(2) Assure proper planning, design, construction, maintenance,
fill, pier, wharf, embanlkment, abutment or other structure located in,
monitoring and supervision of dams and reservoirs, including such preventative
along, across or projecting into any watercourse. floodway, or body of
measures as are necessary to provide an adequate margin of safety.
water.
(3) Assure proper planning, design, construction, maintenance and
'"atercourse or stream." Any channel of conveyance of surface
monitoring of water obstructions and encroachments, in order to prevent
water having a defined bed and banks, whether natural or artificial,
unreasonable interference with water flow and to protect navigation.
with perennial or intemnittent flow.
(4) Protect the natural resources, environmental rights and values
"Water Obstructions Act." The act of June 25, 1913, (P.L. 555, No.
secured by Article I, Section 27 of the Pennsylvania Constitution, and
355) (32 P.S. 5�681-691), repealed by section 27 of the Dam Safety and
conserve and protect the water quality, natural regime and carrying
Encroachments Act.
capacity of watercourses.
"Wetlands." Those areas that are inundated or saturated by surface
�105.3. Scope.
or ground water at a frequency and duration sufficient to support, and
The following structures or activities are regulated pursuant to the
that under normal circumstances do support, a prevalence of vegetation
Dam Safety and Encroachments Act and section 302 of the Flood Plain Management
typically adapted for life in saturated soil conditions, including swamps,
Act (32 P.S. 5679.302):
marshes, bogs and similar areas. For purposes of this Chapter, wetlands
(1) All dams on a natural or artificial watercourse, other than those
include, but are not limited to, wetland areas listed in the State Water
licensed pursuant to the Federal Power Act (16 U.S.C. 55791a et seq.) where:
Plan, the U. S. Forest Service Wetlands Inventory of Pennsylvania, the
(i) The contributory drainage area exceeds 100 acres: or
Pennsylvania Coastal Zone Management Plan, and any wetland area designated
(ii) the greatest depth of water (measured at upstream toe
by a river basin ccarmission.
of the dam) at maximm storage elevation exceeds 15 feet; or

(iii) the impounding capacity at maxinan storage elevation exceeds

50 acre-feet.

Il-B-18 II-B-19

(2) All dams used for the storage of water not located on a water obstruction or encroachment located in, along
(3) any water obstruction or encroachmnt located in, along
course and which have no contributory drainage, where the greatest depth
or across any stream or reach of stream included in the Federal Wild
of water measured at upstream toe of the damn at maxmnum storage elevation
and Scenic Rivers System or State Wild and Scenic Rivers System;
exceeds 15 feet and the impounding capacity at maximum storage elevation (4) any flood control structure constructed, owned, or maintained

exceeds 50 acre-feet.
by a governmental unit;
(3) All dams used for the storage of fluids or semifluids other than
[(5) any structure involving the handling or storage of any
water, the escape of which may result in air, water or land pollution, or
toxic or hazardous material as defined by the Federal Clean Water Act or
may result in danger to persons or property.
Federal Resource Conservation and Recovery Act. ]
(4) All water obstructions and encroachments other than dams, located
(5) any commercial dredging activities governed by Subchapter I
in, along, across or projecting into any watercourse, floodway or body of
of this Chapter.
water, whether temporary or permanent.
(water, whether t rary or permanent. c) No delegation shall be made of the authority to issue permits for
(5) All flood control projects constructed, owned or maintained by
any water obstruction or encroachment constructed, owned or maintained by
a governmental unit.
the Commonwealth, any political subdivision, or any public utility.
5105.4. Delegations to Local Agencies.
Delegations may be made of the powers to inspect and monitor such activities,
(a) Pursuant to section 17 of the Dam Safety and Encroachments Act,
(a) Pursuant to section 17 of the Dam Safety and Encroachents providing that the Department retains final authority to approve or disap-
and subject to the provisions of this section, the Department may by
prove permnnits, and concurrent authority to inspect, monitor and enforce the
written agreement delegate to a county conservation district or other county provisions of this act.

agency one or more of its regulatory functions including enforceTent and
(d) Tl the extent delegated by the agreement, such delegations may
the power to permit, inspect, and monitor [the following] speci.fied
include the authority to enforce the Dam Safety and Encroachrents Act and
categories of water obstructions and encroaclments[: any category of
regulations adopted thereunder, and to exercise such other powers and
water obstruction or encroachrent, including culverts, fills, streatbank
duties otherwise vested in the Department to implement the acS, with
retaining devices, stream crossings, outfalls and headwalls, which do not
respect to the categories of water obstructions and encroachments covered
have the potential of endangering public safety or property or causing signifi-
by the delegation.
cant damage to the environment].
(e) Each delegation agreement shall:
(b) No delegation shall be made affecting the following categories
(1) specify the powers and duties to be performed by the
of activities:
delegated agency;
(1) any dam;
(2) specify tiM categories of water obstructions and encroach-
(2) any water obstruction or encroachment [extending below the
tients activities to be covered by the delegated agency;
low water mark of] located in or across any navigable stream[;] , except
(3) prbvide for the cnfiitmant by the delegated agency of
for coamercially navigable waters of the Delaware River and its navigable
suffisient trained-staff and resources to perform the powers and duties
tributaries located within a City of the First Class;
II-B-20 to be delegated; II-B-21

0* S i

(4) require the delegated agency to maintain records of vessels, and boats, and wharves, piers, bulkheads, docks, slips, and

activities performed under the delegation; basins; and exempting cities of the first class from certain of its

(5) provide for monitoring and supervision by the Department of provisions; and making an appropriation therefor," or the Water Obstructions

performance by the delegated agency of the functions delegated under the Act, shall be deseed to craply with the construction and operating

agreement. permit requirements of this section. All such projects shall hereafter

(f) Any permit for a water obstruction or encroachment issued by a comiply with the operating, maintenance, monitoring and other requirements

delegated agency shall be subject to review by the Department, unless the of this Chapter.

right of review is waived by the Department. A permit issued by a dele- (c) The owner of any existing dam, water obstruction, or encroachment

gated agency shall become effective 30 days following the receipt of notice who does not hold a permit issued pursuant to the Act of June 8, 1907

by the Department of issuance, unless the permit is disapproved by the (P.L. 496, No. 322), or the water Obstructions Act, shall apply for and

Department or an appeal is filed with the Department pursuant to section 17 receive a permit to operate and maintain the facility pursuant to the

of the Dam Safety and Encroachments Act. Dam Safety and Encroachments Act on or before January 1, 1981.
(g) Where the Department delegates one or more of its regulatory For these purposes, any limited Power permit issued pursuant to

functions to a local agency, the Department shall in all cases retain the Limited Power and Water Supply Act was and is deemed to have

the concurrent power to inspect and monitor all categories of water been issued pursuant to the Water Obstructions Act. All such projects

obstructions and encroachments, and to enforce the Dam Safety and hcroach- shall comply with the operating, maintenance, monitoring and other

ments Act and regulations adopted thereunder. requirements established pursuant to the Dam Safety and Encroacents Act.

PERMIT APPLICNTICS (d) Any permit issued by the department after the effective date

5105.11. Permit Requirements. of the Dam Safety and Encroacments Act for the construction and operation

(a) No person shall construct, operate, maintain, modify, enlarge of a water obstruction or encroachrent shall incorporate authorization

or abandon any dam, water obstruction, or encroachment without first for normal repairs and maintenance of permitted structures conducted

obtaining a written permit from the Department. within the original specifications for the water obstruction or encroachment.

(b) Any existing dam, water obstruction, or encroacaenmt constructed Any repairs or maintenance involving modification of the water obstruction

pursuant to a license or permit issued in compliance with the provisions or encroachment from its original specifications and any repairs or
of the Act of June 8, 1907 (P.L. 496, No. 322), entitled "An act to reconstruction involving a substantial portion of the structure, shall

establish a Board of Commissioners of Navigation for the river Delaware require the prior written permit of the department pursuant to subsection

and its navigable tributaries: regulating their jurisdiction over ships, (a) of this section.
S105.12. Waiver of Permit Requirements.

(a) [The following structures or activities do not require a dam or

encroachments permit, pursuant to Section 7 of the Dam Safety and
II-B-22
cI-Boac tmuents Act:]
II-B-23

Pursuant to Section 7 of the Dam Safety and Encroachnments Act, ments Act, are waived for the following structures or activities, if
the requirements for a permit are waived for the following structures construction was comenced prior to July 1, 1979:

or activities, regardless of when coneniced: (1) Any dam not exceeding five (5) feet in height in a

(1) [The construction of a] Any dam not exceeding three non-navigable stream, operated and maintained for water supply purposes;
feet in height in a stream not exceeding fifty feet in width, where (2) Any dam which the Department determines, on the basis of pre-

such dam is constructed for the sole purpose of creating a pool for liminary data submitted by the applicant, that the dam is of Size Classi-

fish and fishing purposes. fication C, and Hazard Potential Classification 3, as defined in �105.91
(2) [The placing of any] Any water obstruction in a stream of this Chapter, and does not have a significant effect on coastal
with a drainage area of 320 acres or less [after] if the Department

[has determined,] determines on the basis of preliminary data submitted

by the applicant, that the water obstruction cannot imperil life or

property, have a significant effect on coastal resources, or adversely
affect the environment.

(3) Any aerial crossing of a no-navigable stream by electric,

telephone or cammmunications lines, which are not located in a federal

wilderness area or watercourse or body of water designated as a wild

or scenic river pursuant to the National Wild and Scenic Rivers Act

of 1968 or the Pennsylvania Scenic Rivers Act, Act of December 5, 1972,
P. L. 1277.

(4) Any dam subject to the requirements of the Mine Safety

and Health Administration, 30 C.F.R. 77.216-1 and 77.216-2, if the
Department determines on the basis of preliminary data submitted by the

applicant, that the dam is of Size Classification C, and Hazard
Potential Classification 3 as defined in S105.91 of this Chapter,

and is not located in a watercourse or body of water designated as

a wild and scenic river pursuant to the National Wild and Scenic

Rivers Act of 1968 or the Pernsylvania Scenic River Act, Act of
December 5, 1972, P. L. 1277.

(b) The requirements for a permit for existing structures or
activities, as provided in section 6(c) of the Dam Safety and Encroach-

II-B-24 II-B-25

resources or adversely affect the environrment; 2. WATER OBSTRICaIONS and ECQPfMENS

(3) Any fills not located on submerged lands of the Bridges Over 15 foot Span $100

Cammonwealth: Stream Enclosures $100

(4) Any streambank retaining devices; Channel Changes $100

(5) Any stream crossings, other than crossings by pipe- Commercial Dredging $100

lines for conveyance of petroleum products and gas; All other Water
Obstructions and $ 50
(6) Any outfalls, headwalls, or water intake structures;: croachments

(7) Any culvert on a watercourse, where the drainage area (c) A single applicatin may be suhitted, or a single Permit

of the watercourse above the culvert is five square miles or less. may be issued, for multiple structures and activities which are part

Provided that, if the Department, upon complaint or investigation, of a single project or facility or part of related projects and facilities,

finds that any such structure has a significant effect upon safety or located in a single county, constructed, operated or maintained by the

the protection of life, health, property or the environment, it may sane person or persons. Where a single application covers multiple

require the owner of the structure to apply for and obtain a permit structures or activities (other than a single structure and related

pursuant to this Chapter. maintenance dredging), the application fee shall be the sum of fees

[(b) (c) All such structures and activities shall meet the set forth in subsection (b) for the applicable structures and activities,

construction, operating, maintenance, monitoring and other requirements but shall not exceed $600. All stream crossings located within a single

of this Chapter. No other permits which may be required under any law county for the installation of a public service line shall be treated

other than the Dam Safety and Encroachments Act are waived by this section. as a single structure or activity.

5105.13. Permit Applications-Information and Fees. [(c)] (d) Each application for a permit shall be accompanied by such

(a) Application for permits pursuant to this chapter shall be information, maps, plans, specifications, design analyses, test reports,

submitted to the Department in writing, upon forms provided by the and other data as may be specifically required by the provisions of this

Department. chapter and such additional information as may be required by the Department

(b) Each application for a permit pursuant to this Chapter, except to determine compliance with the provisions of this chapter.

applications submitted by Federal, State, county or municipal agencies or [(d) Each application for the following categories of activities shall

a municipal authority for a dam, water obstruction or encroament shall include an envirahmental assessment, on a form established by the

be accompanied by a check payable to "OCsonwealth of Pennsylvania" in Department:

accordance with the following schedule: (1) Any dam or reservoir for the storage of water of size

1. DAMS classification A or B, or hazard classification 1 as defined in 5105.91.

Class A $200 (Based on Size Classi- (2) Any dam or reservoir used for the storage of fluids or

Class B $200 fication as defined semifluids other than water, the escape of which may result in air,

Class C $ 50 in 5105.91) II-B-27
II-B-26

water or land pollution, or may result in danger to persons or property. control) and which shall include a copy of a letter from the conservation

(3) Any dam, bridge, culvert, stream crossing, stream enclosure, district in the county where the project is located, indicating that the

dike, levee, flood wall, or stream relocation located in, along or across district has reviewed the applicant's erosion and sediment control plan and

a stream identified candidates for or included in the Federal or State considered it to be satisfactory.

wild and scenic river systems. (f) Applications should be submitted by the person or persons

(4) Any stream enclosure, stream relocation or any other who own, control, operate, maintain or manage a dam or reservoir,

activity or facility which the Department determines may have a significant water obstruction or encroachment. In the case where a person, other

impact on the environment. than the person who owns a dam or reservoir, water obstruction or

(e) Based on the results of the environmental assessment, the encroachnent, has primary responsibility for the construction, control,

Department may require the submission of an environmental report. nhe operation, maintenance and management of the dam or water obstruction

environmental report shall contain studies, analyses, maps, or other for a period of 15 years or longer, the application may be submitted

information regarding one or more of the following, as found necessary by the person who has such primary responsibility; provided that the

by the Department: owner of a dam or reservoir, water obstruction or encroachment shall

(1) The potential inpacts to the extent applicable of the shall in no event thereby be relieved of any legal duties or respon-

proposed activity on water quality, stream flow, fish and wildlife, aquatic sibilities for the structure or activity as imposed by the Dam Safety

habitat, Federal and State forests, parks, recreation, instream and down- and Encroachments Act or this Chapter.

stream water uses, prime farmlands, areas or structures of historic (g) Each application shall be signed by the owner or owners of the

significance, stream which are identified candidates for or included within [proposed dam or water obstruction] dam or reservoir, water obstruction

the Federal or State wild and scenic river systan and other relevant or encroachment, or the person or persons [undertaking the regulated

significant environmental factors. activity.] exercising primary responsibility for the dam or reservoir,

(2) Alternatives to the proposed action, including alternative water obstruction or encroacdment. In the case of a partnership, one

locations, routings or designs to avoid or reduce significant adverse or more mexbers of the partnership authorized to sign on behalf of the

environmental inpacts; entire partnership shall sign the application. In the case of a corporation,

(3) Actions to be taken, through design, location, or operation it shall be signed by the president, vice-president, or other responsible

of the proposed structure or other activities, to mitigate any unavoidable official empowered to sign for the corporation, with the corporate seal

significant environntal impacts created by the proposed project. - or other proof of authorization to sign for the corporation affixed.

[(f)] (e)All applications for permits pursuant to this chapter shall be In the case of a political subdivision, it shall be signed by the chief

achspanied by an erosion and sedisurtation control plan for all activities officer or officers of the political subdivision, or other responsible

in the stream and all earthioving activities, which plan shall conform to

the requiremerts contained in Chapter 102 of this title (relating to erosion

[ (3)] (4) The effect of the proposed project on the regimen and

official empowered to sign for the political subdivision, with the sealter quality, stream
flow, fish and wildlife, aquatic habitat, instream and downstream uses,
affixed and attested by the clerk.

[5105.14. Engineer's Certification.] and other significant environmental factors.

(h) All plans, specifications, and reports acomnpanying applications [ (4) ] (5) The impacts of the proposed project on any nearby national

for dalifs, bridges, and such other obstructions which would pose a threat wildlife refuge, national natural landmark, national or state park or

to human life and property in the event of failure shall be affixed with recreation area, or national or state historical site.
[ (5)] (6) Copliance by the proposed project with all applicable
the seal of a registered professional engineer and his certification, [
laws administered by the Department, the Pennsylvania Fish Ccmnission,
which shall read as follows:
and any river basin aomission created by interstate compact.
"I (name) do hereby certify to the best of my knowledge, information
[(6)] (7) Te need for the proposed project to be located in,
and belief, that the information contained in the accompanying plans,
or in close proximity to, the water, and alternatives in location,
specifications, and reports has been prepared in accordance with or in close proxiity to, the water, and alter
design and construction which are available to minimize the adverse
accepted engineering practice, is true and correct, and is in conformance
impact of the project upon the enviroment and to protect the public
with Chapter 105 ofthe rules and regulations of the Department of
natural resources of the Ccmonwealth.
Environmental Resources."
[(7)] (8) Present conditions and the effects of reasonably
5105.14. Review of Applications.
foreseeable future development within the affected watershed above and
(a) All applications shall be reviewed in accordance with prevailing
below the project [which can be expected during the lifetime of the
practices in the engineering profession.

(b) In reviewing any permit application under this chapter for structure:

construction or substantial modification of a dam or reservoir, water (i) Any dar, water obtruction, or encroachment shall be

obstruction or encroachment, the Department will consider the following designed, constructed, and oerated so as to assure adequacy
and compliance with the rules and regulations of this chapter
factors:

(1) Potential threats to life or property created by the project. [throughout its lifetime], taking into account [all] reasonably
foreseeable development within the affected watershed.
(2) Potential threats to safe navigation created by the project.
(ii) In assessing tie impact of future development upon
[ (2)] (3) The effect of the proposed project on the property or
a dam, water obstruction, or encroachment, the Department may
riparian rights of owners above, below, or adjacent to the project.
require the applicant to submit data regarding estimated

development potentials and municipal, county, and regional

planning related to the affected watershed.

[ (8)] (9) Consistency with state and local floodplain and storm

II-B-30 water management programs, the State Water Plan, and the Coastal Zone
Managarmt Plan. 11-B-31

[(9)] (10) Consistency with the designations of wild, scenic �105.15. Envirorkmental Evaluation.

and recreational streams under the National Wild and Scenic Rivers Act (a) Each application for construction of the following catergories

of 1968 or the Pennsylvania Scenic Rivers Act, Act of December 5, 1972, of activities shall include an environmental assessment, on a form

P. L. 1277. established by the Department:

this Chapter and 56(c) of the Dam Safety and Encroachnants Act for classification A or B or hazard classification 1 as defined in �105.91.

the operation and maintenance of any existing dam, water obstruction (2) Any dam or reservoir used for the storage of fluids or

or encroachment, the Department shall consider the following factors: semifluids other than water, the escape of which may result in air,

(1) Potential threats to life, property or safe navigation water or land pollution, or may result in danger to persons or property.

created by the continuing operation or maintenance of the project. (3) Any dam, bridge, culvert, stream crossing, stream enclosure,

(2) Any substantial adverse impacts on stream flow, water dike, levee, flood wall or stream relocation located in, along or across

quality or the environment which might be reduced or mitigated by a stream identified candidates for or included in the federal or state

reasonable changes in the operation of the project. wild and scenic river systems.

(3) Compliance of the operation and maintenance of the (4) Any stream enclosure, stream relocation or any other

project with all applicable laws administered by the Department, activity or facility which the Department determines may have a significant

the Pennsylvania Fish Commission, and any river basin conmission impact on the envirornment.

created by interstate compact. (b) Based on the results of the environmental assessment, the
(d) The Department may review permit applications for the Department may require the submission of additional information regarding

operation and maintenance of existing projects without regard to the one or more of the following, as found necessary by the Department:

design criteria and construction requirements set forth in Subchapters (1) The potential impacts to the extent applicable of the

B - J of this Chapter; provided that if the Department finds that any proposed activity on water quality, stream flow, fish and wildlife,
existing dam, water obstruction or encroachment is unsafe or adversely aquatic habitat, Federal and State forests, parks, recreation, instream

affects property or the environment, it may consider application of and downstream water uses, prime farmlands, areas or structures of

such criteria and requirements as may be reasonably necessary to correct historic significance, streams which are identified candidates for

such conditions. or included within the federal and state wild and scenic river systems

and other relevant significant eniramental factors.

II-B-33
II-B-32

(2) Alternatives to the proposed action, including alternative project is consistent with the conservation and maintenance of public

locations, routings or designs to avoid or reduce significant adverse natural resources. Public benefits shall include, but are not limited to:

environmental impacts; (1) Correction and prevention of pollution;

(3) Actions to be taken, through design, location, or operation (2) Protection of public health and safety;

of the proposed structure or other activites, to mitigate any unavoidable (3) Reduction of flood damages;

significant environoental impacts created by the proposed project.

5105.16. [ Public Benefits.] Environmental Social and Economic Balancing

(a) The determination of whether the Potential for significant

environmental harm exists will be made by the Department after consul-

tation with the applicant and other concerned governmental agencies. If

the Department determines that there may be a significant inmact on natural,

scenic, historic or aesthetic values of the environment, the Department

will consult with the applicant to examine ways to reduce the environmental

harm to a minimum. If, after consideration of mitigation measures, the

Department finds that significant environmental harm will occur, the

Department will evaluate the public social and economic benefits of the

project to determine whether the harm outweighs the benefits.

[(a)] (b) No application for a permit under the provisions of Subchapter D

(relating to stream enclosures), for a channel change under 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 coaercial

dredging) , and Subchapter J (relating to discharges of dredged or fill

material) of this Chapter, or for any structure or activity which the

Department determines will have a significant adverse impact on the

environment or public natural resources, shall be approved by the

Department unless the applicant demonstrates, and the Department

finds, that the public benefits of the proposed project outweigh

the harm to the environment and public natural resources. [and that the

II-B-34 II-B-35

(4) Developrent of energy resources;

(5) Creation or preservation of significant emPloynent; [(c) ] (d) In reviewing permit applications, it will be

(6) Provision of public utility services; the policy of the Department to encourage development that protects

(7) other essential social and economic development the natural condition of the watercourse or other body of water.

which benefits a substantial por-tion of the public. 5105.17. [Projects Affecting Commercially Navigable Waters of the Delaware
Basin.] Special Criteria for Projects Affecting Important
[Where the Department finds that a proposed project may have significant Criteria for Projets fecting

adverse -spacts on the environnent or public natural resources, alter- (a) [No permit will be granted for work in or within 300 feet of any

natives to the proposed project shall be considered, and mitigation wetland or otherwise affecting any wetlands unless the applicant deon-

shall be provided by the applicant for all unavoidable adverse impacts strates, and the Department concludes, that the public benefits of the

on public natural resources.] project outweigh the damage to the wetlands resource and that the project

[lb) (c) No application for a permit shall be approved by the Depart- is necessary to realize the public benefits. In evaluating whether a

ment in the following areas unless the applicant desonstrates, and particular project is necessary, the Department shall consider whether

the Department finds, that the project will have no significant adverse the wetlands perform any of the following functions important to the

impact upon the public natural resources when: public interest:] ) Lportant wetlands shall be those wetlands which

(1) Any project located in or within 100 feet of any water- perform any of the following functions important to the public interest:

course or body of water that has been designated as a national or state (1) Wetlands which serve important natural biological

wild or scenic river in accordance with the National Wild and Scenic functions, including food chain production, general habitat, and

Rivers Act of 1968 or the Pennsylvania Scenic Rivers Act, Act of
nesting, spawing, rearing and resting sites for aquatic or land species;
Decetmber 5, 1972, P. L. 1277. (2) Wetlands set aside for study of the aquatic environment or

(2) Any project located in or within 100 feet of a federal as sanctuaries or refuges;
wilderness area designated in accordance with the Federal Wilderness (3) Wetlands, the destruction or alteration of which would affect

Act of 1964 or the Federal Eastern Wilderness Act of 1975.
Act of 1964 r the Federal Eastern Wilderness Act of 1975. detrimentally natural drainage characteristics, sedimentation patterns,
(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, Code Chapter 93.]

II-B-36 11-B-37

II--3

salinity distribution, flushing characteristics, natural water filtration 105.18. [Projects Affecting Wetlands] Projects Affectinq Commercially

processes, current patterns, or other environmental characteristics; Navigable Waters of the Delaware Basin.

(4) Wetlands which are significant in shielding other areas

from wave action, erosion, or storm damage. Such wetlands are often (a) No individual or general permit for a dam, water obstruction or

associated with barrier beaches, island, reefs and bars; encroachment in the cmnercially navigable waters of the Delaware River or

(5) Wetlands which serve as valuable storage areas for storm its navigable tributaries shall be issued without notice to and approval by

and flood waters; the Navigation Commission.

(6) Wetlands which are prime natural recharge areas. Prime (b) When the Department receives a completed application containing

recharge areas are locations where surface and ground water are directly sufficient information to detbnmine compliance with the standards of this

interconnected. chapter, it shall provide notice td the Navigation Camuission and forward a

(b) No permit will be granted for work in or within 300 feet copy of the application to the Navigation Ccmnission for review.

of any important wetlands or otherwise affecting any important wetlands (c) The Navigation Commission may request from the applicant such

unless the applicant demonstrates, and the Department concludes, that additional information as the Caomission determines is necessary to complete

the public benefits of the project outweigh the damage to the wetlands its review.

resource and that the project is necessary to realize public benefits. (d) Any individual permit application or general permit not acted

[ (b)] (c) The Department shall consider whether feasible alternative sites upon by the Navigation Commission within 60 days following notice to the

not in close proximity to the aquatic environment are available. The Commission, or within 60 days following receipt of any additional information

applicant must provide sufficient information on the need to locate the required by the comnission, shall be deamed approved by the Navigation

proposed activity in the wetland or in close proximity to the aquatic Commission.

environment and the wetland and must provide data on the basis df (e) A record of all permits issued for facilities in the carmercially

which the availability of feasible alternative sites can be evaluated. navigable waters of the Delaware River or its navigable tributaries shall

[ (c)] (d) In evaluating an application for work affecting important be forwarded by the Department to the Navigation Cormission.

wetlands, the 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

which an application is made with the recognition that it is part of a

complete and interrelated wetland area.

[(d)] (e) Mitigation of a form approved by the Department shall be provided

by the applicant for any unavoidable adverse inpacts on important wetlands

created by a project.
II-B-39

11-11-38

�105.19. Complete Applications.

(a) me Department shall publish a notice in the Pennsylvania regulation under the Act of May 28, 1937, P.L. 1053, No. 286 (66 Pa.

Bulletin upon receipt of a complete application for a permit and again upon C.S. 5�101-3315), known as the "Public Utilities Law," and 66 Pa. C.S.

the issuance of a permit by the Department. S�101-3315.

(b) NO application for a permit is omrplete until all necessary (2) Ownership or management of the facility by an agency of

information and requirements under the Dam Safety and Encroachmants Act and the Federal, Interstate compact, State, county, or municipal government.

this Chapter, including Proof of Financial Responsibility, have been (3) A bond or other legal device of a form acceptable to the

satisfied by the applicant. Department, payable to the Commonwealth, which guarantees proper construction,

(c) Whenever the Department determines that an application is repair, operation, and maintenance, inspection and monitoring of the

incomplete or contains insufficient information to determine compliance facility and removal, if necessary. The amount of such shall be sufficient

with the standards of this chapter, it will notify the applicant in to cover all costs of entry, repair, correction, operation, maintenance,

writing. The applicant shall then have sixty (60) days to ccnplete his inspection, monitoring, or removal of the facility by the Cmmonwealth

application, or the Department will return the application to the applicant in the event of failure of the owner to ccmply with orders of the Departnent,

as incomplete. terms and conditions of the permit, the provisions of this Chapter, and

�105.20. Proof of Financial Responsibility. the laws under which this Chapter is adopted.

(a) Prior to the approval of any permit under this chapter for construc- PEPMIT ISStACE, TRANSFER, AND REVTIN

tion or modification of a [for any] dam, water obstruction, or encroachment 5105.21. Issuance of Permits.

which may present a substantial potential risk to life or property, the (a) The Departent may grant a permit if it determines that:

Department will require proof of financial responsibility or security for (1) the application is complete

continued operation and maintenance during the lifetime of the facility. (2) the proposed project or action complies with the standards

Categories of dams, water obstructions, or encroachments which are subject and criteria of this chapter and title, and with all other laws administered

to the proof of financial responsibility requirement include, but are not by the Department, the Pennsylvania Fish Ccamission and any river basin

limited to, Category 1 [and 2] dams, (Hazard Potential Classification, commission created by interstate conpact;

as defined in 5105.91), stream erlosuries, arnd bridges. 1 (3) The prop osed p roje ct or action will adequately protect
(b) As proof of such responsibility or security, the Departrent public health, safety, and the environment.

may require one or more of the following: (4) the proposed project or action is consistent with the

(1) A Certificate of Public Cnenience from the Public environmental rights and values secured by Article I, 527 of the Constitution,

Utility Commission if the owner of the proposed facility is subject to and with the Cammruealth's duties as trustee to conserve and maintain

Pennsylvania's public natural resources.

II-B-40 II-B-41

(b) Any permit issued pursuant to this Chapter shall be subject to at the option of the applicant, such joint application forms may

such general and special conditions regarding construction, operation, be used in lieu of individual applications for the required permits.

maintenance, inspection and monitoring of a project or action as the [105.24.1 �105.25. Transfer of Permits.

Department may deem necessary to assure compliance with the requirements (a) Permits my be reissued in a new name if there is a change of

and purposes of the chapter, the Dam Safety and Encroachrents Act, the ownership of the dam, water obstruction, or encroachment.

Flood Plain Management Act, and other laws administered by the Department, (b) A permit may be transferred only upon application to and
approval by the Department.
the Pennsylvania Fish Ccamission and any river basin ocmmission created
by interstate acmpact. (c) No permit shall be transferred if a violation of this Chapter

exists at the time of application for transfer unless the transfer will
S105.22. Denial of Periits.

the reason for denial of any permit application and appeal procedures expdite correction of the violation.

shall be canu(unicated in writing to the applicant. (d) The applicant for a transfer shall expressly agree to abide by

105.23. Coliance With Other Applicable Statutes. al permit onditions and shall permit conditions and hall provide the Departent with proof of

Receipt of a permit under the provisions of this chapter shall not financial responsibility and security in accordance with S105.20 of this
title (relating to proof of financial responsibility).
relieve the permittee of the obligation of complying with all Federal,

Interstate compact, and State laws, regulations, and standards applicable tol permittee shall not be relieved of any obligation
to craply with the provisions of this chapter, the terms and conditions
the construction, operation, or maintenance of the dam or water obstruction.
S105.24. Coordination of Permits. of the permit, or any order issued by the Department until the transfer

(a) The Department will establish a system to coordinate the has been approved.

application for and issuance of permits under this Chapter with permit [�105.25.] �105.26. Revocation and Suspension of Permits.
processes conducted pursuant to other statutes and regulations adminis- (a) Failure to crmply with any provision of this chapter, any order of

tered by the Department, and with permit processes administered by 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
other federal and state agencies.

(b) Where possible, the Department will develop joint permit permit.
application forms to facilitate the submission of information on (b) The Department shall' issue to the permittee a written notice

related activities of a project regulated under statutes and regulations of the suspension or revocation of a permit. Any such notice shall be
subject to the procedure for appeal and hearing before the Environmental
administered by the Department, and other federal and state agencies,

in order to reduce duplicate and repetitious application requirements. Bearing Board, as provided by section 24 of the Dam Safet and Encroach-
ments Act, Section 1921-A of the Administrative Code and the Maministrative

Agency Law.

II-B-42
II-B-43

SUBMER(W LADNS OF T~HE COM4 ALTfl - such regularity and in such ranner as to substantially restrict or
LICENSES AND ANNUA L CHRES prevent navigation, fishing, recreation or other public trust uses

5105.31. Property Rights. by the general public on or over such lands.

(a) Except as provided in S�105.32 and 105.33 of this title (relating 5105.32. Projects Affecting Submerged Lands of the Comonwealth -

to licenses for public service corporations), no permit issued pursuant Proper Purpose.

to the provisions of this chapter shall give any real or personal property) If the applicant does not have an estate or interest in the
suberged lands of the Cam th pursuant to other specific authority
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 from the General Assembly at the time of application for a permit pursuant

any lands belonging to this Conmonwealth. to the Dam Safety and Eneroachments Act, the Department may, with the

(b) No permit for a dam, water obstruction or encroachmnent approval of the governor, grant an easement, right-of-way, license or

to occupy suhnerged lands of the Commnw~ealth [extending below the low lease to occupy submerged lands of the Ca lth in any navigable
lake or river or stream declared a public highway, for any dam, water
water mark of a navigable river or stream] shall be issued by the
Departmant until the applicant has first obtained: obstruction, or encroadchent regulated under this Chapter which is

(1) an easement, right-of-way, license or lease fron the purpose of:

Department pursuant to section 15 of the Dam Safety and Encroachments (1) improving navigation or public transportation;

Act (32 P.S.�693.15) and �105.32 of this Chapter; (2) recreation, fishing or other public trust purposes;

(2) a license pursuant to section 514 of The Mninistrative (3) protecting public safety or the environment;

Code of 1929 (71 P.S. �194) and �105.33 of this title (relating toer supply, energy production or waste
treatment;
licenses for public service corporations); or
(3) a license, easement, right-of-way, or ot~her interest in (5) providing a public utility service by a goverrrent agency

the submerged lands [belcw the low water mark] of the Ccmmotnealth or subdivision, public utility or electric cooperative; or

granted pursuant to specific statutory authority from the General (6) other activities which require access to water.
Assaembly. (b) The total area of land which any such project may occupy under

(c) Fbr purposes of this section, "to occupy suiule-ged lands of one or more easements, rights-of-way, licenses or leases granted by the

the WCcsreiwealth" includes: Department pursuant to this Section shall not exceed twenty-five acres.

(1) the placement of a physical strucXture on, under or 5105.33. Licenses for Public Service Corporations.

over submerged lands of the nCcmnwealth; In accordance with section 514 of The Adpinistrative Code of 1929 (71

(2) hie use or control of the Space overlying sutmeq P.S. S194), ary penit issued to a public service corporation to place a

lands of the Ccitrowealth, associated with use of a structure, with publie service line upn, in, or over submerged land of this Commonwealth
shall incorporate a license for the privilege of crossing Cemorymealthi lands.

�105.34. Navigation and Public Trust. (b) Any project or activity constructed or operated to

No easement, right-of-way, lease or license will be granted by the provide access by the general public to waters for purposes of

Department if it may adversely affect navigation or significantly impair recreation, where such access is provided without charge or on

the public's right in lands held in trust by the Cormmonwealth. a non-profit basis;

5105.35. Charges for Use and Occupation of Submerged Lands of the (c) Any project or activity constructed or operated by
Czamenlnealth.
a political subdivision which relates to a service for which
(a) Except as provided in subsections (b) and (c), the following
no charge or fee is collected by the political subdivision. ]
charges shall apply to the granting of an easement, right-of-way, license
(b) Licenses for public service lines crossing or occupying submerged
or lease to occupy sutmerged lands of the Cammonwealth issued pursuant
lands of the C ommonwealth, issued pursuant to section 15 of the Dam Safety
to section 15 of the Dam Safety and Encroachaents Act and section 105.32
and hcroachments Act or section 514 of the Administrative Code, qhall be
of this Chapter:
subject to the following schedule of annual charges:
(1) For caomercial utility and other dams, water obstructions,
Length of Crossings Charges
and encroachments (except as listed below): (in feet) (in dollars)

(a) [Charge for preparation of agreement and related Less than 500 $ 25
500 to 999 50
papers - $100.1 1000 to 1499 100
1500 to 1999 150
[(b)] Annual rental charges: 2000 to 2499 200
2500 to 2999 250
(i) For areas occupied by facilities - $50 per 3000 to 3499 300
3500 to 3999 350
acre, determined in tenths of an acre; 4000 to 4499 400
4500 to 4999 450
(ii) For barge fleeting and rooring areas 5000 and over 500

- [$25] $10 per acre, (c) No charges shall be imposed pursuant to section 15 of the

determined in tenths of an acre; Dam Safety and Encroachments Act or section 514 of the Administrative Code

(iii)Mininum annual charge - $25. for the following categories of activities and structures:

(2) For private recreation docks, for use by no more than (1) Any activity or structure constructed, owned or operated

three boats, owned and used solely by the owners of adjacent riparian by a department, caonmssion or agency of the Cammonwealth or Federal

property (unless the project is otherwise authorized by a general permit government;

issued pursuant to �7 of the Dam Safety and Encroachnents Act) an annual (2) Any [facility] project or activity constructed or

charge of $25. operated primarily for the benefit of a state building or state institution;

[(3) No charge shall be imposed for the following: (3) Any flood control project constructed, owned or operated

(a) Any project constructed or operated primarily for by an agency of the Commnwalth, the Federal govermient, or a municipality;

the benefit of a State building or State institution, or con-

structed or operated by the Commowealth;
II-B-46 II-B-47

(4) Any [facility] project or activityoonstructed, coned CONSTRUCTION PEUIR4aUS AND PRCEREFS

or operated by a political subdivision of the Ccmmorwealth in connection �105.41. Notices and Reports.

with a service for which no fees or charges (other than general taxes) (a) The permnnittee shall notify the Department, in writing, of the

are imposed; proposed time for commencement of work, at least 5 days prior to the

(5) Any facility to provide access to the general public to commencement of construction.

water for recreational boating, fishing, hunting, swimning or other (b) The Department may require submission of such reports as it

recreation, [operated] where such access is provided without charge deems necessary on the status of construction.

or on a non-profit basis; S105.42. Acknowledgement of Conditions.

(6) Any structure or facility constructed and operated (a) The permittee shall fully inform any engineer or contractor

exclusively to inprove fish habitat, pursuant to a cooperative agreement responsible for the supervision and conduct of work covered by any

with the Pennsylvania Fish Criamission; permit issued pursuant to this chapter of all terms, conditions, restric-

(7) Any private recreational dock constructed pursuant to a tions, and covenants of the permit.

general permit. (b) Prior to the comnencement of any construction, the permittee

(d) The annual charges imposed in subsections (a) and (b) of this shall file with the Departrent in writing, on a form provided by the

�105.35 may be revised by the Evironmental Quality Board at such future Department, a statement signed by the permittee and any individual

time after approval by the Governor and reasonable notice to the holder responsible for the supervision or conduct of the construction work

of any license issued under this section. acknowledging and accepting the general and special conditions contained

(e) This section shall not apply to any crossing contiguous to or in the permit. Unless such acknowledgement and acceptance have been

in a State park or State forest lands. Easements for such crossings filed, the permit shall be null and void.

shall be administered in accordance with section 514 of The Administrative (c) A copy of the permit and the acknowledgement shall be available

Code of 1929 (71 P.S. 5194) and the park and forest land management practices at the work site for inspection upon request by any officer or agent of

of the Department. the Department or any other Federal, State, county, or municipal agency.

(f) The removal of sand, gravel and other valuable minerals from �105.43. Time Limits.

submerged lands of the Ccmamnwealth shall be subject to the royalty and (a) The Department will set such time limits for the commencement

agreement provisions established pursuant to section 1908-A of the and cnmpletion of work pursuant to any permit issued under this chapter

Administrative Code and the Act of July 31, 1970 (P.L. 699, No. 225). as it deems reasonable and appropriate to carry cut the purposes of this

chapter.

II -B-49
II-B-48

(b) If such work is not completed on or before the dates set by (b) Construction shall be done in a manner so as to minimize

the Department, unless extended by the Department in writing, the permit erosion of banks and bed of the stream and disturbance of the regimen of

shall become null and void without further notification being required. the stream.

5105.44. Implementation of work According to Specifications. S105.47. Removal of Structures.

(a) All work undertaken pursuant to a permit issued under this (a) If all construction work has not been cmnpleted within the

chapter shall be conducted in accordance with the maps, plans, profiles, time specified in the permit and the time limit specified in the permit

and specifications as approved by the Department. has not been extended in writing by the Department or if a permit has

(b) No changes in the maps, plans, profiles, and specifications been revoked for any reason, the permittee shall, at his own expense, in

for work covered by a permit which would affect the waterway area or such manner as the Department may prescribe, remove all or any portion

sructural stability of the project shall be made except with the written of the work as the Department requires and restore the water course and

approval of the Department. Upon written approval by the Department, floodplain to their former condition.

such changes shall become part of the permit. (b) Prior to discontinuing use or abandcaent, the owner of any

(c) The Department shall have the right during the progress of structure covered by this chapter, regardless of whether or not it was

work to require such changes or modifications in the maps, plans, profiles, constructed under a permit from this Departent or its predecessors,

and specifications for work covered under any permit as it may determine shall remove all or part of the facility and take other actions as are

are necessary and proper to protect the public health, safety, and the necessary to protect safety and the environment in accordance with a

environment. permit issued by the Department.

S105.45. Inspections. I((c) The cwner shall make no claim against the Ccnronwealth or any

All work, structures, and land covered under a permit issued pursuant of its officers or agents on aconunt of any such removal or alteration

to this chapter shall at all times be subject to inspection by repre- of any structure.]

sentatives of the Department, and the permittee shall allow any repre- OPERATICI, ITANCE, AND INSPBlICei

sentative of the Department to enter any property, promises, or place 5105.51. Operation and Maintenance.

associated with such permit for the purposes of such inspection. (a) The pe/mittee or owner of any dam, water obstruction, or

5105.46. Implementation of Erosion and Sedimentation Control Plans. encroachment shall at all times operate and maintain the facility and

(a) At all times during the construction of any dam, water obstruction, all appurtenant structures in a safe condition in accordance with all
or encroachment, the permittee shall follow the erosion and sedimentation permit terms and conditions and the provisions of this Chapter, so that

control plan prepared in accordance with Chapter 102 of this title and the facility cannot inperil life, health, safety, or property located

submitted with and approved as part of his application. above or below the facility.

()~~~~~~~~~~~~~~~~~~~~~~b% or beo h aiiy

�105.52. Inspection. maintenance of the facility in accordance with the rules and regulations

Regardless of the date of construction of a dam, water obstruction of the Departrent, terms and conditions of the permit, and approved

Or encroachment or whether or not it was permitted by the Department or opereting or ofnitoring plans.
its predecessors, it shall be the duty of the permittee or owner of a (e) The owner shall retain records of such inspections, including

dam, water obstruction, or encroachment to evaluate the safety of the records of actions taken to correct conditions found in such inspections.

Copies of such records shall be provided to the Department on request.
facility and all appurtenant structures and to modify the facility in
accordance with the permit requirements of �105.11, to ensure [its safety] (f) The Department may, through terms and conditions of the permit

protection of life and property in accordance with changed conditions or by request at any time, require the owner to submit certified reports

and current safety criteria. regarding the condition of the facility to the Department.

�105.53. Inspections By Owners and Inspection Reports. (g) In lieu of inspections conducted by the owner and certified

The permittee or owner of any dam, water obstruction, or encroachment reports submitted by th owner, the Departsent may accept reports of

shall inspect the facility and all appurtenant works according to thequivalt inspetions cnuctd ad prepared by governmental agencies.

following schedule: In addition, the Department may accept equivalent inspection reports

(a) All dams, reservoirs, and their appurtenant ks shall be certified by the owner and submitted to other governmental agencies.

inspected at least once every three months. �105.54. mitoring Systes.
The permittee or owner of any dam, water obstruction, or encroachment
(b) For all Category 1 or Category 2 dams, Hazard Potential Te er of any dam, i

Classification as defined in �105.91 of this Title, annual reports shell set up and implement Such monitoring system as are required by

regarding the condition of the dam, certified by a registered professional the Departent in the terms and conditions of the permit.
engineer, shall be submitted to the Department an or before October 1 of INVEIG@TIHON AND QeIEICN OF UNSFE CODRITIO N S-
EMEgRMIY PROCDURE
each year. More frequent reports of dam conditions may be required by �105.61. Procedures for Investigations.

the Department, if in its discretion, conditions indicate such reports The Department may, if it finds there is reasonable causa to suspect

are necessary to assure adequate protection of health, safety, and the existence of conditions adversely affecting the safety of a dam,

property. water obstruction, or encroachment, order the owner to conduct such

(c) For all local flood protection projects, annual reports regarding investigations, studies, tests, and analyses as ay be required to

the condition of the flood protection facility shall be submitted to the properly evaluate the safety of the structure. Such investigations,

Department on or before October 1 of each year. studies, tests, and analyses shall be accomplished under the supervision

(d) The owner of any water obstruction or encroachment shall conduct

periodic inspections to ensure the safe operation, monitoring, and

II-B-52 II-B-53

of a registered professional engineer, experienced in the design, con- 5105.63. Emergency Procedures.

struction, operation, and maintenance of such facilities and approved by (a) The permittee or wner of any dam, water obstruction, or

the Department, and in accordance with such methods as the Deparbtent encroachment shall immediately notify the Department and responsible

may prescribe. Failure to provide such investigation results to the authorities in adjacent and downstream ccmunities, including emergency

Department on request shall constitute adequate grounds for revocation management authorities, of any condition which may threaten the safety

or suspension of a permit. of the facility, and take all necessary actions to protect life and

S105.62. Correction of Unsafe Conditions. property, including any action required under an emirgency plan or
(a) If the Department determines that any dam, water obstructic Departent order issued pursuant to the Dam Safety and Eicroacbments

or encroachment is unsafe or adversely affects property or the environrent Act

or has not been properly constructed, operated, monitored, or maintained (b) The permittee or owner of any dam or reservoir shll immediately

in compliance with all legal requirements, it may require the caner of notify the Department, and responsible Eaergency Management authorities

the facility to repair, alter, maintain, or renove the facility or take in adjacent and d tre mmunties of any conditions which may

such other action as necessary to carry out the purposes of this Chapotential dam hazard emergency, including, but not limited

within such time as prescribed by the Department. to, any of the following conditions

(b) The Department or its authorized agents may enter and conduct (1) Sliding of upstream or daonstream slopes or abutments

such investigations, tests, and analyses or take such corrective action contiguous to the dam.

as required to carry out the purposes of this Chapter if one or more of (2) Sudden subsidence of the crest of the dam.

the following conditions exist: (3) longitudinal or transverse cracking of the crest of the
(1) the owner cannot be ascertained or found; dam.

(2) the owner refuses or fails to comply with an order issued (4) Unusual release of water frm the downstream face and/or

by the Department pursuant to Section 14 of the Dam Safety and Mucroachnents toe of the dam.

Act or this section; or (5) Any other unusual conditions at the downstream slope of

(3) the condition of the facility is so dangerous as to the dam.

require immediate rtendial action. (6) Significant landslides in the reservoir area.
The Department thereafter may recover frmn the owner, in the name (c) Telephone calls to the Department pursut to this section

of the Comsonralth, the expenses incurred in taking such action in the should be directed to the following numbers:

same marner as debts are recoverable by law.

II-B-54 II-B-55

SUBCIA= B. DAMS AND RESERVOIRS
Norristown Region - (215) 631-2422
For the following counties: GHERAL PR)VISIONS

Berks Delaware Northampton
Bucks Lehigh Philadelphiae.
Carbon M o gcxnroe P ike cExcept as provided in 5�105.3 and 105.12 of this title (relating

Carnegie Region - (412) 276-Shu to scope and waiver of permit requirements), provisions of this subchapter

shall govern the construction, alteration, enlargement, repair, maintenance,

Allegheny Crawford awrence operation, and renmoval of any dam or reservoir regulated under the Dam
Armstrong Elk McKean
Beaver Erie Mercer Safety and Encroachments Act.,
Butler Fayette Potter
Cambria Forest Somanerset
Cameron Greene Venango
Clarion Indiana Warren
Clearfield Jefferso Waren 105.81. Permit Applications for Construction & MDdification of
Clearfield Jefferson Washington
Westmoreland
Dams and Reservoirs..
Harrisburg Region - (717) 783-9726
HarFor the following counties: gion - (717 7839726 (a) In addition to the information required by �5105.13 and 105.14
For the following counties:

Adams Franklin Lancaster of this [title] chapter (relating to permit application information and engineer's
Bedford Fulton Lebanon
Blair Huntingdon Mifflin certification), all permit applications pursuant to this subchapter
Cuiberland Juniata Perry for the construction or modification of dams and reservoirs shall give
Dauphin York

Wilkes-Barre Region - (717) 826-2371 the following information:
For the following counties: (1) The name and address of the applicant.

Bradford Luzerme SuJUliven (2) The location, type, size, height, and purpose of the
Centre Lycsing Susquehanna
Clinton Montour Tioga
Columbia Northuerland ion proposed dam and reservoir and appurtenant works.
Lackawanna Snyder Wayne
Lacka~a Snyde Wyoming (3) For projects involving storage of fluids or semi-fluids

(d) In the event that no contact is made with the Regional Office, other than water, information concerning the chemical content, viscosity,

calls should be directed to the Harrisburg Central Office at (717) 787- and other pertinent physical characteristic of the fluid or semi-fluid

4467 or (717) 783-1384, or to the Pennsylvanlia Emergency Management APency impounded
at the following number: (717) 783-8150. (4) The storage capacity and reservoir surface areas for
normal pool and maximum high water.

(5) Plans for proposed permanent monitoring of performance by

instrument 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-56
II-B-57

(6) As accurately as may be readily obtained, the area of the (2) Data concerning exploratory pits, drilling, coring, and
drainage basin, pertinent rainfall and streamflow records, and flood tests to determine seepage rates.

flow records and estimates. (3) Data concernrng the strength tests necessary to measure the
(7) The proposed time for conmencement and anticipated caspletion physical properties and behavior of foundation and enbankemnt materials at

of construction. the dam or reservoir site.
(8) The method and schedule of operation of the dam, including (4) Data concerning the geology of the dam or reservoir area,

an emergency warning system and operation plan, if required pursuant to indicating possible hazards such as faults, weak seams, and joints.

�105.134. (5) Data concerning availability and quality of construction
(9) Plans for control of erosion and water pollution during the materials.

anticipated construction operations, including plans for adequate measures (6) Such other information as may be necessary, including the

to limit the erosion of the soil from exposed slopes after completion of design calculations for the dam, which shall be ade available to the

construction. Such plans shall indicate that adequate control measures will Department on request.

be taken during construction to protect the quality of stream flow below the (d) All plans and specifications and the results of any tests or

project site. The application shall include a copy of a letter from the investigations shall be prepared under the supervision of and certified by

Conservation District in the county where the project is located indicating a registered professional engineer experienced in dam design and construction

that the District reviewed the applicant's erosion and sediment control plan and assisted by qualified engineers, geologists, and other specialists, when

and considers it to be satisfactory. necessary.

(10) Proof of title or adequate flowage easeanits for all land 5105.82. Permit Applications for Operation and Maintenance of
Existing Dams and Reservoirs.
area below the top of the dam elevation that is subject to inundation.
(a) In addition to information required by 55105.13 and 105.14
(11) Such other information as the Department may require.
of this Chapter (relating to permit application information and
(b) The application shall be accompanied by a design report, con-
engineer's certification), a pe-lit applicaticol for the operation
struction plans, and specifications, all in sufficient detail to evaluate engineer's certificatin), a permit application for the tion
and maintenance of existing dams and reservoirs shall give the following
the safety, adequacy, and suitability of the proposed work.
information:
(c) The applicant shall conduct and submit the results of such
(1) The nani and add ss of the applicant.
investigations and tests as the Department, in its judgmrent, believes are1) The ne and address of the
(2) The location, type, size, height and purpose of the
necessary to determine the safety, adequacy, and suitability of design,
existing dam and reservoir and appurtenant works.
including but not limited to:
(3) For projects involving storage of fluids or semifluids
(1) Data concerning subsoil and rock foundation conditions and
other than water, information concerning the chemical and physical
the materials entering into the construction of the dam or reservoir.
characteristics of the fluid or semifluid impounded.

II-B-58 I-B-9

0 0

or structural failure. In [assigning such damage] approving a hazard
(4) The storage capacity and reservoir surface areas for
potential classification, the Department will consider, without limitation:
normal pool and maximnm high water.
(1) the height of the dam and storage capacity of the reservoir;
(5) A description of facilities and plans for monitoring
(2) the physical characteristics and degree of actual and
the performance of the dam.
projected development of the dam site and downstream areas; and
(6) Information on the area of the drainage basin, rainfall
(3) the relationship of the site to existing or projected
and stream flow records, and flood flow records and estimates, where
industrial, commercial, and residential areas and other land uses down-
available.
stream which may be affected by a dam failure.
(7) Such information as is readily available regarding the

foundation, specifications and construction of the dam.

(8) The method and schedule of operation of the dam, if

deemed necessary by the Department.

(9) The emergency warning plan for the dam or reservoir,

if conpleted, or work plan to prepare and submit such an emergency

warning plan in accordance with SS105.131 and 105.134 of this Chapter.

(10) Proof of title or flowage easements for all land areas

below the top of the dam elevation that is subject to inundation.

(11) Reports of the most recent inspections of the dam

conducted by the owner or by the state or federal government agencies.

(12) Such other information as the Department may require.

(b) The Department may waive or mndify any of the application

content requirements set forth in subsection (a), if the information

required is diot available and is not essential to determining the safety

of the dam or reservoir or cmrpliance by the dam or reservoir with the

reireengts of this Chapter.

CaASSFIaCTICN AND DESIGN CR'IT.A

S105.91. Classifications of Dams and Reservoirs.

(a) Each dam or reservoir shall be [assigned a classification by the

Department, classified in accordance with [the] size and the hazard

potential (damage] which might occur in the event of an operational

(b) The following shall be the classifications and descriptions as

used in this Subchapter 8: �105.93. Design Stress.
SIZE CLASSIFICATION* In the construction of all dams and reservoirs, allowable stresses

Impoundment Storage Dam Height shall conform to the current standards accepted by the engineering profession.
Class (Acre Feet) (Feet)
S105.94. Spillways.
A Equal to or greater than 50,000 Equal to or greater than 100
B Less than 50,000 but greater than 1000 Less than 100 but greater than 40 (a) Every dam shall be provided with a spillway system which is
C Equal to or less than 1000 Equal to or less than 40
capable of safely conveying the design flood of the dam without endangering
*NYTE: Size classification may be determined by either storage or height of
structure, whichever gives the higher category. the safety or integrity of the dam
HAZARD POTTMIAL CIASSIFICAIM (b) Each spillway shall include a satisfactory means of dissipating the

Extent of Development energy of flow at its outlet to assure conveyance of flow without endangering

Category Loss of Life Economic Toss the safety and integrity of the dam or the natural envirornment of the stream.

1 Substantial Excessive (extensive residential, �105.95. Freeboard.
camercial, agricultural and
substantial public inconvenience) Sufficient freeboard shall be provided to prevent overtopping of the

2 Few (no rural communities Appreciable (damage to private dam during the design flood of the dam and to allow for wave and ice action.
or urban develnopents and or public property and short
no more than a sall number duration public inconvenience)
of habitable structures)
(a) All dams shall include a device to permit the draining of the
3 None expected (no permanent Minimal (undeveloped or occasional
structure for human st Mriuial (undeveloped or occasional reservoir within a reasonable period of time as determined by the Department,
structure for human structures with no significant
habitation) effect on public convenience) unless the Department determines that an outlet works is not feasible for
�105.92. Foundations.
a specific dam.
(a) The foundation of any dam or reservoir shall be stable under all (b) n determining the reasonable time period for drainage of the

probable conditions.
reservoir, the Department may consider, without limitation, the following
(b) In analyzing the stability of the foundation of any proposed or factors:

existing dam or reservoir, the applicant must consider all of the following (1) The damage potential posed by possible failure of the dam.

factors: (2) The risk and nature of potential failure and the time likely

(1) The seismic forces at the site.
to be available to avert such failure after notice of conditions threatening
(2) The shearing strength of the foundation.
the safety or stability of the dam.

(3) Settlement and subsidence. (3) The purpose of the dam and reservoir.
(4) Leakage, perneability, and solubility. (4) The capacity and stability of available drainage courses to

convey the waters released from the reservoir in the event of emergency

drainage.

II-B-62
II-B-63

Size and Hazard
(5) The influence of rapid drawdown on the stability of the dam, Potential Design Flood
Classification
its appurtenant works, and the upstream natural slopes of the reservoir.
A-1, A-2, B-i
(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 A-3, B-2, C-1 12 PF to 01F
B-3, C-2 100 year to 1/2 PMF
safety and integrity of the dam or the natural environment of the stream.
C-3 50 year to 100 year
�105.97. Stability of Structure. frequency

(a) All dams shall be structurally sound and shall be constructed of

sound and durable materials. The completed structure shall be stable under (b) The Departnt may, in its discretion, require csideration of
a minimum design flood for any class of dams or reservoirs in excess of
all probable conditions of operation.

(b) In reviewing the stability of a structure, the Departrent may that set forth in subsection (a) of this section where it can be donstrated
that such a design flood requirement is necessary and appropriate to provide
consider, without limitation, the following:
(1) The physical properties of the materials available for for the integrity of the dam or reservoir and to protect life and property

construction. with an adequate margin of safety.

(2) The seismic and hydraulic forces affecting the structure. (c) The Department may, in its discretion, consider a reduced design
(3) The methods of construction. flood for any class of dams or reservoirs where it can be demonstrated that

(4) The conditions of operation of the dam and reservoir, such design flood provides for the integrity of the dam or reservoir and
(4) The conditions of operation of the dam and reservoir.
protects life and property with an adequate margin of safety.
�105.98. Design Flood Criteria.

(a) The discharge capacity or storage capacity, or both, should be �105.99. Dam in Subdivision Develosmants.
Wherever a dam or reservoir is proposed to be constructed in or as
capable of safely aan~dating the recommended design flood for the
a part of any existing or proposed subdivision development, the Department
size and hazard potential classification of the dam as determined by �105.91
will include in the pe.mit such conditions as are necessary to prevent
of this title (relating to classification of danms and reservoirs). The

design flood is intended to represent the largest flood that need be construction of structures on lds which may be subject to flooding

considered in the evaluation of a given project. Where a range of design caused by the maximu pool of the dam and to require the ermittee to

flood is indicated, the magnitude that most closely relates to the size ade y inform potential buyers or lessees of such restrictions.

and hazard potential should be selected. Design flood criteria shall be

as indicated in the following table:

II-B-64 II-B-65

CONSTRKUCTION REQUF IWTS AND PROCEDURES (b) Vegetation cleared and remonved from the site shall be disposed

5105.101. Notices and Reports. of in accordance with all applicable laws and regulations.

At least 15 days prior to conmencenent of construction, the permittee �105.105. Collection and Disposal of Waste Materials.

shall notify the Department, in writing, of the proposed time for All waste materials, scrap, or excess construction materials shall be

comencement of work. Thereafter, a detailed report on the status of collected, stored, and disposed of in accordance with the Solid Waste

construction shall be submitted monthly to the Department of Environmental Management Act and Chapter 75 of this title (relating to solid waste manage-

Resources, Division of Dam Safety, P.O. Box 2357, Harrisburg, Pa., ment). In no event shall waste or scrap materials be stored or disposed

17120, until all construction work has been coxpleted. of in or along any stream or other body of water or in a manner which could

5105.102. Personnel and Supervision. cause pollution of the air and waters of this Cmmonwealth.

(a) All work shall be conducted under the [direction] oversight and S105.106. Activities and Facilities on The Construction Site.

supervision of a competent engineer, approved by the Department, and All activities and facilities on the construction site shall be con-

such engineer or a competent representative shall be on the work site ducted and operated in such manner as to avoid pollution of the air and

at all times during significant construction activities [and] until waters of this Commonwealth and in accordance with all applicable laws and

completion of the dam. the provisions of this title.

(b) The permittee shall file with the Department at least 15 days S105.107. Completion Certificate and Final Plans.

prior to the cosmencemant of construction a statement setting forth the (a) Within 30 days after the completion of all work authorized by a

name of the contractor or contractors conducting the work authorized by the permit issued under this subchapter, the permittee shall file with the

permit and the names and employers of all personnel responsible for the Department a certified statement, signed by the supervising engineer and

supervision of construction. by the permittee, that all work has been performed in accordance with the

S105.103. Weather and Ground Conditions. terms and conditions of the permit; with the approved maps, plans, profiles,

(a) No earth or other embankment material which is in a frozen con- and specifications; and with all applicable laws and the provisions of

dition shall be covered or placed in embankments. this title.

(b) Masonry and concrete shall not be placed in freezing weather, (b) Within 90 days after the completion of all work, the permittee

except under conditions approved by the Department. shall file with the Department a set of final "as built" plans for the

5105.104. Removal and Disposal of Vegetation. project, showing all changes from the original plans and specifications.

(a) All work shall be conducted in such a manner as to minimize the

destruction of, or damage to trees and other vegetation on and adjacent to

the construction site.

II-B-66 II-B-67

Release rate = Q 7-10 + PDF (.25 cam - Q 7-10 csm)
WATER STCflGE AND DISCARGE (csm)

5105.111. Conmencement of Water Storage. where PDF = the percentage factor based on the storage
capacity of the reservoir measured as
The permittee shall notify the Department, in writing, at least one percent of average annual runoff retained
in the reservoir. This factor is explained
week in advance of the date proposed for the camencement of water in Planning Principles, State Water Plan
SWP-1 (March, 1975).
storage in the reservoir or pond created by the dam for which the permit
.25 csm = .25 cubic feet per second of flow per
is issued. The Department may, at its discretion, require that a repre- square mile of watershed.

sentative of the Department be at the site before or during the filling Q 7-10 cn = The seven-day, ten-year low flow, in cubic
feet per second per square mile of watershed.
of the pond or reservoir.
The minimum release rate determined by this formula shall not
S105.112. Stream Flow During Construction, Filling, and Repair. exceed 0.25 cubic feet per square mile of watershed.

During the period of construction, alteration, enlargement, or (2) [Tme release rate may be modified or additional releases

repair and during the period that the pond or reservoir is being filled, required by the Department to provide for the purposes stated in subsection

the permittee shall allow a sufficient flow of water, as determined by (a), and to satisfy particular stream requirements or downstream, riparian

the Department, into the stream below the dam to support fish and other rights.] The Departrent may modify the minimam release rate, or provide

aquatic life and to preserve the water quality in the stream. variable schedules of releases, considering the following factors:

S105.113. Releases. (i) The purposes states in subsection (a):

(a) The Department will impose such general and special conditions (ii) particular stream requirements, including the

regarding release rates in any permit for a dam or reservoir as it deems particular needs of instream and downstream water

necessary to maintain stream flows for the purposes of protection of public uses and riparian rights;

health, water quality control, conservation of fisheries and aquatic (iii) the particular uses and purposes of the dam

habitat, inprovement of recreation [creation], and protection of instream or reservoir:

and downstream water uses. The appropriate release rates for such dams (iv) the particular engineering, hydrologic and

and reservoirs shall be established in accordance with subsections (b) and economic factors affecting the ability of the dam

(c)-. or reservoir to provide such releases.

(b) For [all] darms or reservoirs constructed after August 28, 1978: (c) For dams and reservoirs constructed prior to August 28, 1978,

(1) The minimum release rate (unless modified in accordance the Department shall determine a reasonable schedule for release rates,

with subsection (b) (2)) shall be the average consecutive severrn-day flow considering:

having a recurrence interval of once in ten years (Q 7-10) plus an (1) The purposes stated in subsection (a), and the particular

additional release rate determined by the following fonrmula; needs of instream and downstream water uses on the affected stream;

(2) The capacity of existing release works at the dam, and

II-B-68 feasibility of potential modification of such release works;
II-B-69

(3) The yield of the reservoir, and its capability to meet P ClTION AND RESORPATION OF AaIATIC LIFE

release requirements and satisfy the purposes and uses of the reservoir. S105.121. Fishways.

(d) Every dam shall at all tines be operated in such manner as to Upon the request of the Fish CoMnission, the permittee shall install

allow the required flow of water into the stream below the dam, as and maintain such chutes, slopes, fishways, gates, or other devices as the

established pursuant to this section, and as otherwise necessary to sport Fish Commission nay require pursuant to the provisions of section 185-187 of

fish and other aquatic life and to assure amipliance with the water quality The Fish Law of 1959 (30 P.S. 55185-187).

criteria set forth in Chapter 93 of this title (relating to water quality 5105.122. Drawdown of Inpounded Waters.

criteria), and to provide for other instream uses for the affected stream Ipounded waters which are inhabited by fish shall not be drawn dawn

or streams. except with the written approval of the Fish Comnission issued in accordance

with section 191 of The Fish Law of 1959 (30 P.S. 5191).

5105.123. Restoration of Aquatic Life.

If the Department finds that construction of a dam or reservoir has

so substantially disrupted aquatic life as to preclude natural restoration

of the stream ecology within a reasonable period of time, the permittee

shall be required to subtmit and implement a plan to restore the aquatic

life of the stream to its prior condition, to the maxiznum extent possible.

The plan shall be subject to review and modification by the Department

in consultation with the Fish Coxmission and shall include but not be

limited to:

(1) placement of bed gravel;

(2) stabilization of banks and bed;

(3) installation of stream improveaent devices;

(4) revegetation of stream and banks; and

(5) stocking of fish and other aquatic life.

II-B-71
II-B-70

OPERATION, ,MAIEMICE, AND E NC2IES
[ (a)] (1) An identification of the area below the dam which may be
5105.131. 'Operation and Monitoring Plans.
threatened with loss of life or serious damage to property should a
(a) In addition to the requirements of ��105.51 through 105.54
failure of the dam occur.
of this Title, the permittee or owner of any dam or reservoir shall at
[ (b)] (2) A listing of key municipal and emergency management officials
all tines follow the method and schedule of operation of the dam or
and their telephone numbers. Such list shall be readily available at

if res uire d by 5105.134, as approved by the Dem np par ten t, and shall the dam site near a telephone or other means of communication, if available.
if required by �105.134, as approved by the Department, and shall
[ (c) ] (3) An identification of handicapped or other persons who may have
implement any plan approved by the Department for permanent monitoring
difficulty evacuating the area which may be threatened should a failure
of perfolrmance by instrument installation in the dam.
(b) No permittee or owner of any dam or reservoir shall Imodify or of the dam occur. Procedures for identifying and evacuating such people
in a dam hazard emergency should be developed in cooperation with local
cease implementation of all or part of the approved plans and methods of
and emrgency management officials.
operation or monitoring without the prior approval of the Department.
(b) For any existing dam or reservoir that may cause loss of life
S105.132. Inspection.
or serious damage to property should failure of the dam occur, an
The permittee or owner of any dam or reservoir shall follow the
emergency warning system and operation plan shall be submitted to and
inspection schedule set forth in �105.53 of this Title.
5105.133. Directed Pepairs. approved by the Department and local emergency management officials on

or before January 1, 1983.
The permittee shall immediately take any and all such steps as the
�105.135. Dam Hazard mergencies.
Department may prescribe as necessary to preserve the structural stability
(a) For the purposes of this section, a dam hazard erergency shall
and integrity of the dam and protect health, safety, and property.
mean any condition which the Department, permittee, or owner of the dam
�105.134. Emergency Warning System and Operation Plan.
reasonably finds constitutes an imninent threat to life or property
(a) The owner of any dam or reservoir that may cause loss of life or
above or below a dam, whether arising from the condition of the dam and
serious damage to property should a failure of the dam occur shall
appurtenant wrks or extraordinary natural conditions, affecting the
develop an emergency warning system and operation plan to be followed in
the event of a dam hazard emergency. The emergency warning system and safety and stability of the dam, including, but not limited to, flood,

earthquake, fire, and ice jam.
operation plan shall be submitted to and approved by the Department and
(b) %he emergency procedures and the emergency warning s
local emergency management officials prior to xmaremem-nt of water

storage in the reservoir or pond created by the dam during any stage ofpera tio plan required by 55105.63 and 105.134 of this title

construction of the dam. The emergency waj ning system and operation s-l 1 be followed by the permittee and owner of any dam or reservoir in

plan shall., at a mtinimum, contain the foltrig el eme nts- he event of any actual or potential dam hazard emergency.

II'-B- 72
I;-B-73

0 0

or owner of the dam shall immediately notify appropriate emergency (b) The owner of any unsafe dam shall:

management officials of the existence of the hazard and [advise] request such (1) Immediately notify the Department upon receipt of any

authorities [of] to initiate appropriate [steps to be taken] action to infortion indicating the dam is unsafe.

assure protection of life and property; and (2) Drain the dam as approved or required by the Department.

(d) The [Department will notify or order the] permittee or ow (3) ithin tine limits established by the Dpartent, sutbit

shall immediately [to] take such steps as [the Department determines] a a plan for renval of the dam, a plan for repair of the drre or an

necessary to prevent dam failure or loss of life or property, including,
application for a permit authorizing modification of the dam pursuant to
but not limited to, the following: subsection (c) of this section.

(1) Draw doen of the reservoir; � � (4) Following approval of the plan or permit by the Department,
(2) Reinforcement of the dam structure;
'(2) Painforcesnt of the dam structure; undertake and complete actions to renmve or repair the dam or implement

(3) Breach or renoval of the dam; the modifications to the dam within the time limits set by the Department.

(41) enwaval of debris; C() The Department may issue a permit for modification of an unsafe dam,

(5) epair or installaticon of structures necessary to pursuant to �9 of the Act, which authorizes the owner of an unsafe dam to

assure the stability and safety of the darm. smodify the dam within such time as prescribed in the permit to meet the

Ce) The Department, upcn determining that a dan hazard emergency requirements of the Dam Safety and &croadchents Act and this Chapter. Any
exists, will notify the owner immediately to take such steps as the
such permit shall be conditioned upon:
Department determines are necessary to prevent dam failure or loss (1) cupliance by th owner of the dam with a prescribed

of life or property. schedule for correction or modification of the unsafe condition within the

5105.136. uhsafe Dams. eshortest time period technically feasible and ecnomically achievable;

(a) For purposes of this section, an unsafe dam shall mean a dam (2) ixplementation by the owner of the dan of such measures

which meets one or sore of the following criteria:
as are deemed necessary by the Department to reduce risks to health and

(1) A dan with deficiencies of such a nature that if niot safety pending correction or modification of the unsafe condition,

corrected could result in the failure of the dam with subsequent loss of including but not limited to special provisions relating to operation,

lives or substantial property damage. This determination is based on good ergency planning, nnitoring and warning systems, and develoonent of

engineering judgment or the application of the guidelines established for
an alternative source of water supply, if the dam serves as a water

the National Dam Inspection Progran. supply da.

(2) A dam classified as unsafe pursuant to the National Dent (d) In determining whether to require removal of an unsafe dam or

Inspection Program.

11-B-.74 II-E-75

to permit the owner to modify the dam, the Department shall consider Subchapter C. CULVERTS AND BRIDGS

whether there is a substantial adverse impact to the public health and GENERAL PRWISICUS

safety which will result from the draining and removal of the dam, and S105.141. Scope.

whether that adverse impact outweighs the danger to public health and Except as provided in 55105.3 and 105.12 of this title (relating to

safety which will result in allowing the unsafe dam to remain until it scope and waiver of permit requirements), the provisions of this subchapter

has been modified. shall govern the construction, alteration, enlargement, repair, maintenance,

(e) At the discretion of the Departlment, a public hearing may be and removal of any bridge or culvert located in, along, or across, or

held in the affected area prior to the issuance of any permit authorizing projecting into the regulated waters of the Cammonwealth.

modification of an unsafe dam over a period of more than six months, to 5105.142. Applicability of Stream Enclosure Rules.

inform affected cammmnities of the risks which may result from allowing Any culvert of greater than 100 feet in upstream to downstream

the unsafe dam to remain standing or to impound water during the time length shall be considered to be a stream enclosure, subject to subchapter

necessary to complete the modifications. D of this title (relating to stream enclosures).

(f) If, for any reason, the Department finds that conditions upon PERMITS

which the permit authorizing modification was issued have substantially �105.151. Permit Applications for Construction or Modification of
Culverts and Bridges.
changed or that the awner will not meet the schedule for modification
In addition to the information required pursuant to [�]�105.13 [and
contained in such permit, the Department shall review the status of the
105.14] of this [title] Chapter(relating to permit application information and
dan. An extension of the time period for completion of a modification
engineer's certification), all applications for permits pursuant to this
may be issued by the Department, if the owner has proceeded in good
subchapter for the construction or mdificatioin of culverts and bridges
faith with the previous schedule of modification and the requirements of
shall contain the following:
subsections (c) and (d) of this S105.136 are mt.
(1) Plans showing the location, type, size, and height of the
(g) Nothing in this section shall be construed to limit the power
proposed bridge or culvert and detailing the topographic features,
of the Department to take immediate action, prior to public hearing,
elevations, and structures, so as to enable an appraisal of the hazard
to:
potential of the structure.
(1) revoke or suspend any permit where deemed necessary by
(2) A description of the character of the stream bed and banks and
the Department to protect public health and safety.
a profile of the stream for a reasonable distance above and below the
(2) order correction or abatement of a dam hazard emergency
proposed site, showing slopes of bed, normal water surface, and flood
pursuant to S105.135; or
water surface.
(3) take any other action authorized by law.
(3) A hydrologic and hydraulic analysis which shall include: data

on size, shape, and characteristics of the watershed; the amount and fre-

quency of the design flood; the hydraulic capacity of the structure; the
11-B-76 11-B-77

hydraulic capacity of the channel upstream and downstream; and where (4) The structure shall not so increase velocity or direct

flooding is a problem, flood damage and backwater analysis. flow so as to result in erosion of stream bed and banks.

(4) Such other information as the Department may require. (b) In determining flood flows and frequencies for purposes of

5105.152. Permit Applications for Operation and Maintenance of this subchapter, hydrologic analysis shall be by methods generally
Existing Culverts and Bridges.

(a) In addition to information required by 5105.13 of this accepted in the engineering profession.
(c) be general criteria for design flows are as follows:
Chapter (relating to permit application information and engineer' (c) The general criteria for design floe
(1) Rural area - 25-year frequency flood flow.
certification) a permit application for the operation and maintenance
(2) Suburban area - 50-year frequency flood flow.
of existing culverts and bridges shall give the following information:
(3) urban area - 100-year frequency flood flow.
(1) Plans showing the location, type, size, and height
(d) The determination of flood flbws for design shall be made with
of the existing bridge or culvert and detailing the topographic features,

elevations, and structures, so as to enable an appraisal of the hazardasonable cnsideration of developent which ay alter the runoff
characteristics of the watershed during the anticipated life of the
potential of the structure.
structure. Specific design requirsments in subsection (c) of this
(2) A description of the character of the stream bed and

banks and a profile of the stream for a reasonable distrance above and section may be varied to fit the conditions at the site and the require-
ments of flood plain management regulations and ordinances.
below the existing site, showing slopes of bed, normal water surface,
and flood water surface.

(3) Such other information as the Department may require.
DESIGN CRITERIA FOR OfiSrfICIN OR MODIFICATIOC

5105.161. 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) The structure shall not materially alter the natural

regimen of the stream

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Il-B-79

0�

5105.162. Multiple Pipes and Spans.
S105.166. Placement of Culverts.
Multiple pipes and multiple span bridges and culverts which may tend
(a) All culverts shall be aligned with the stream flow.
to collect debris, contribute to the formation of ice jams, and increase
(b) Culverts shall be of sufficient width to minimize narrowing of
head losses shall be avoided to the maximan practicable extent. Crossings
the stream channel.
of less than 15 feet shall be by one span, except where conditions make
(c) The upstream side of all culverts shall be protected by wing walls
it impractical to effect the crossing without multiple spans.
or other structures sufficient to assist in directing flood flows to and
�105.163. Bridge Piers.
through the culvert opening.
(a) Bridge piers shall be kept to a minimum in number and cross-
OPERATION AND MAIhTnE
sectional area and shall be designed to offer the least obstruction to
S105.171. Maintenance.
the passage of water and ice, consistent with safety.
(a) The owner or permittee of any culvert or bridge shall be responsible
(b) Bridge piers in channels subject to unstable or super critical
for maintaining the structure opening thereof in good repair and assuring
flow shall require special investigation and shall be so designed as to
that the flood carrying capacity of the structure is maintained at all
prevent the creation of excessive backwater and waves downstream of the
times. The owmer or permittee shall inspect the opening and approach of
pier.
the culvert or bridge at regular intervals of not less than once each year
5105.164. Bridge Abutments.
and shall, after obtaining the verbal or written approval of the Department,
(a) Bridge abutments shall be set well into the banks, in such
remove all silt and debris which might obstruct the flow of water through
manner as to assure minimal increase in flood elevations.
the structure. It shall be assumed that the flow of water is obstructed
(b) Bridge abutments shall be aligned with the flow of the stream.
when there has been a reduction of the effective area of the structure opening
The Department may require, in its discretion, the construction of wing
of greater than 10%. All debris shall be disposed of in accordance with
walls at the upstream side of the bridge to assist in directing flood
the provisions of the Solid Waste Management Act and Chapter 75 of this title
flows through the bridge opening.
(relating to solid waste management).
S105.165. Height of Bridges and Culverts.
(b) No heavy equipment, such as bulldozers, drag lines, backhoes,
All bridges and culverts shall be of sufficient height and clearance
bucket loaders, front-end loaders, and similar mechanized equipment, shall
to allow the use of the stream or other body of water in its customary
be used in the cleaning of structures or stream channels without the
manner.
written approval of the Department.

to minimize erosion and sedimentation resulting therefrom.

IIB0-B8180
II-B-81

Subchapter D. STREAM ENCOSURES
S105.172. Inadequate or Collapsed Structures.
GENERAL PEOVISIONS
(a) The owner or permittee of any bridge or culvert shall ixmediately
S105.181. Scope.
inform the Department of the collapse of the structure or any portion thereof
Except as provided in S�S105.3 and 105.12 of this title (relating
or of the existence of any unusual conditions threatening the structural
to scope and waiver of permit requirements), the provisions of this
integrity of the bridge or culvert, including, but not limited to, the
subchapter shall apply to the constructicn, alteration, enlargement,
following:
repair, and removal of any stream enclosure or any culvert in any of the
(1) Undercutting of piers or abutments.
regulated waters of the Coimonwealth of upstream to downstream length in
(2) Excessive cracking of bridge or culvert surfacing.
excess of 100 feet.
(3) Severe deterioration of piers and supports.

(4) Diversion of all or part of the stream flow through a channel
5105.191. Permit Applications for Construction or ltdification of
not within the noIral span of the structure. Stream Enclosures.

(b) Whenever a bridge or culvert or any portion thereof has collapsed In addition to the information required by f�]S105.13 [and J05.14]

or is in imninent danger thereof, the owner or permittee thereof shall of this [title] Chapter (relating to permit application information and

immediately remove any and all collapsed portions to an area outside the engineer's certification), all applications for permits pursuant to this

floodplain of the stream and either: subchapter for the construction and modification of stream enclosures

(1) completely remove the structure; or shall contain the following information:

(2) repair the structure in accordance with plans submitted to (1) The location, type, size, and height of the proposed stream

and approved by the Department. enclosure.

(c) If the Department finds that the inadequate size, iproper place- (2) A profile of the stream for a reasonable distance above and below

ment, collapse or inminent collapse of any bridge or culvert creates the proposed site, showing slopes of bed, normal water surface, and flood

such an immediate danger of stream obstruction and a hazard to life or water surface.

property as not to permit the issuance of an order or notice to the (3) Estimates of flood frequencies and flood flows at the site of the

owner or permittee or if the owner or permittee cannot be readily contacted proposed structure, including such information as can be reasonably obtained

in sufficient time to assure adequate protection of life or property, regarding actual rainfall and flood flow records on the stream.

the Department may exercise its powers pursuant to section 14 of the Dam (4) An analysis of the hydraulic capacity of the proposed structure.

Safety and Encroachments Act (32 P.S. 5693.14) to remove or repair such (5) A description of the purposes of the proposed structure.

conditions and take such actions as it deems necessary to protect life (6) A complete listing and description of all other enclosures and

and property and recover the cost and expense thereof from the owner or all culverts, bridges, dams, and other water obstructions located a

permittee. reasonable distance upstream and downstream of the proposed enclosure.

1-B-8Z II-B-83

() � ()~~~~

(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 5105.202. local government approval.

100-year flood. No political subdivision shall issue any building or other permit which

(8) Such other information as the Depaurtent may require. allows for the construction of a stream enclosure unless and until the

�105.192. Permit Applications for Operation and Maintenance of Department has approved such enclosure.
Existing Stream Enclosures.
MAINTEANCE
(a) In addition to information required by S105.13 of this
S105.211. Maintenance.
Chapter (relating to permit application information and engineer's
(a) All stream enclosures shall be maintained in accordance with
certification) a permit application for the operation and maintenance
S�105.171 and 105.172 of this title (relating to maintenance and collapsed
of existing stream enclosures shall give the following information:
structures) .
(1) The location, type, size and height of the proposed
(b) All stream enclosures shall include provisions for adequate access
stream enclosure.
to allow maintenance of the entire length of the enclosure. Such access
(2) A profile of the stream for a reasonable distance above
points shall be protected, to the maximum extent possible, in a manner which
and below the existing site.
will prevent the entrance of unauthorized persons.
(3) An analysis of the hydraulic capacity of the existing structure.

(4) A description of the purposes of the existing structure.

(5) Such other information as the Department may require.

CRITERIA FOR APPROVAL OF aCNSTRLICN OR MDDOIICATION

5105.201. Hydraulic Capacity.

All stream enclosures shall be so designed and constructed as to be

capable, at a minimum, of passing without substantial hindrance the flows

fromn a flood of 100year frequency, based upon the degree of development of

the contributing watershed projected throughout the lifetime 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.

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II-B-85

Subchapter E. CNNEL HiANGES AND DREDGING [ (6) A description of the equipment to be employed in any
FOR FACILrITY MNSIRUCTa AND MRANrEE
dredging operations, and its capabilities.]
5105.221. Scope.
[(7)] (6) A plan for the disposal of [dredge spoil] excavated
Except as provided in �5105.3 and 105.12 of this title (relating to

scope and waiver of permit requirements), the provisions of this subchapter (8)1 (7) Prof of title or adequate flowage and other easements

apply to all channel changes in the regulated waters of the Commonwealth, for all lands included in the site of the proposed channel change [or

and to dredging in the regulated waters of the Camnnwealth conducted
dredging] .
for purposes of construction, operation or maintenance of any dam, water (b) (8) Te Department may require additional information or waive

obstruction, or encroachment.
any of the above requirements [of subsection (a) of this section] in
PEdMrIS
specific cases.
5105.231. Permit Applications for Construction or Modification of
Channel Changes and Dredging for Facility Construction (b) In addition to the information required by �105.13 of this
and Maintenance.
and Maintenance. Chapter (relating to permit application information and engineer's certification),
(a) In addition to the information required by [�]�105.13 [and 105.14]
all permit applications for dredging for facility construction and maintenance
of this title (relating to permit application information and engineer's
Pursuant to this subchapter shall contain the following informaticn:
certification), all permit applications pursuant to this subchapter
(1) Vhe location and area of the proposed dredging.
for the construction or modification of channel changes shall contain
(2) A stream profile for a reasonable distance upstream and
the following information:
downstream of the proposed dredging, showing normal water surface and
(1) The location and length of the proposed channel change [or]

[dredging]. (3) A description of the equipment to be employed in the

(2) A stream profile for a reasonable distance upstream and dredging operation and a plan for the disposal of the dredge soil.
downstream of the proposed change [or dredging], showing bed slopes, (4) Proof of title or easements for all ands included in

normal water surface and depths, flood water surfaces, existing obstruc-
the site of the proposed dredging.
ticns, and the location of public and industrial water supply intake.
(5) he Departnment may require additional information or
(3) Such crosschannel sections as are necessary to indicate
waive any of the requirements of subsection (b) of this section in
the scope of the proposed work.
specific cases.
(4) Estimates of flood frequencies and flood flows at the
5105.232. Maintenance Dredging.
site of the proposed channel change [or dredging], including such infor- Penits issued for the construction, operation and maintenance of

mation as is reasonably available regarding actual rainfall and flood
any dam, [dock, wharf, bulkhead, bridge, stream crossing, or flood control
flow rec(rds on the stream.
structure may] water obstruction or encroachment shall include specific
(5) A description of the purposes of the proposed channel authorization for [periodic] maintenance dredging [in order to:].

change [or dredging]. [(1)'maintain adequate depths for navigation;]
II-B-86
II-B-87

(e) In streams having substantial fisheries value, provision shall
[(2) assure proper passage of ice and flood flows; or]
be made in all channel changes to maintain existing pool-riffle ratios.
[ (3) preserve the safety, stability and proper operation of the]
S105.243. Temperature of Water and Shading.
facility.]
All channel changes shall be so designed and implemented to assure that
�105.233. Removal of Sand, Gravel, and Other Valuable Minerals.
the water temperature will not substantially increase over that in the pre-
The removal of sand, gravel, or other valuable minerals from sub-
existing channel. Where necessary, provisions shall be made to provide
merged lands of the Commowealth in quantities which are conmercially
adequate shading of the relocated channel to duplicate, to the maximrm extent
usable or marketable, in conjunction with a channel change or dredging
possible, the preexisting conditions.
permitted under this Chapter, shall be subject to the royalty and agree-
S105.244. Protection of Fish Life.
mant provisions of the Act of July 31, 1970, (P.L. 699, No. 223) and
A low flow channel and habitat improvement device will be required
Act of December 3, 1970 (P.L. 834, No. 275).
when, in the opinion of the Fish Conmission, it is necessary to provide
CRITERIA FOR APPRVAL [AND OPE ICONS] FOR CONSTREION
OR MD3IFICATICN a satisfactory channel for maintenance of fish life.
�105.241. Flood Effect.
S105.245. Disposal of Waste Materials.
No channel change which will create a flooding potential greater
(a) Discharge of dredged material into the regulated waters of the
than that created by the natural conditions of the existing channel will
Caommnwealth shall be subject to subchapter J of this Title (relating
be approved.
to discharges of dredged and fill material).
�105.242. Channel Alignment and Cross Section.
(b) Dredged spoil and sludge deposits collected during the operation
(a) Abrupt bends in channel changes shall be prohibited, unless
shall be deposited in a location and a manner approved by the Department.
necessitated by the alignment of existing bridges or encroachments.
(c) Bilge, ballast, or vastewater from dredging operations shall
(b) The relocated channel shall rejoin the natural channel of the
not be discharged to the stream without removal of oils. petroleum products,
stream at such point on the permittee's property as to insure that align-
or toxic or hazardous compounds, as defined by the Federal Conservation and
ment of stream flow at the downstream property line is identical to the flow
Recovery Act, in a manner approved by the Department.
alignment prior to the channel change.

than or significantly less than the grade of the original channel, unless the

length of the relocated channel prevents such.

(d) Where the width of a channel change is greater than tha width of

the preexisting channel, provision shall be made to assure proper depth and

velocity of normal flows; subchannels, and installation of stream habitat

improvement devices.

II-B-89

Subchapter F. FILLS, LEVEES, FIDODgILLS AND STRF2MBANK
GSubchapter F. FILLS, LEVEES, FLmODWALLS AN9D SrESEBK (7) Plans for the protection of the fill, levee, or similar structure
RETAINANG DEVICES

GENIERAL PwRVSIC NS fran erosion, both during and after construction.

�105.251. scope. (8) The design flood for the fill, levee, or similar structure.

Except as provided in 5�105. [51 3 and 105.12 of this title (relating to (9) A copy of the local flood plain managem e nt regulations or ordinances.

scope and waiver of permit requirements), the provisions of this subchapter (10) Plans for interior drainage.

shall apply to the construction, alteration, enlargement, repair, or (11) Such other information as the Department my require.
�105.262 Permit Applications for Existing Fills, Levees, Floodwa$S
removal of fills, levees, floodwalls, and stream bank retaining walls and Strembank Retainingisting Fills eves

located in or along the regulated waters of the Ccmnwnealth. In addition to the information required by �105.13 of this Chapter

I PErITS (relating to permit application information and engineer's certification),
�105.261. Permit Applications for Construction or Modification of Fills, all applications for permits for existing structures pursuant to this
Levees, Floodwalls and Streambank Retaining Devices.

In addition to the information required by 105.13 [and 105.141 of subchapter shall contain the following information:

this [title] Chapter (relating to permit application information and engineer's (1) A plan detailing the location of the existing fill, levee

certification), all applications for permits for construction or modification floodwall or streambank retaining device.

of structures pursuant to this subchapter shall contain the following information: (2) Cross sections of th strea and floodway.
(3) The type of all materials used in the fill, levee, floodwall
(1) A plan detailing the location of all structures and properties

1000 feet upstream and downstream of the proposed fill, levee, or similar or streaubank retaining device.

structure and within the flood plain of the flood of record on both (4) Plans of interior drainage, if available.
(5) Such other information as the Department may require.
sides of the stream or body of water.
DESIGN CRITERIA FOR APPROVAL FCR (OSPI ON OR MODIFICATION
(2) Basement and first floor elevations of structures indicated on

the plan required by paragraph (1) of this subsection. 5105.271. General Criteria.
(3) A complete hydraulic and hydrologic report on the proposed (a) An application for any proposed levee, fill, or similar structure
in or along the regulated waters of the Oa~n th will not be approved
project, including, if the Department so requires a backwater analysis

of the project. by the Department where:

(4) Complete cross sections of the stream and floodway of the flood (1) it will increase flood heights, either on the opposite
of record. bank or upstream, and flood easements or flood protection has not been

(5) Stream profiles, showing the bed slope and the normal and flood provided;

water elevations for points sufficiently upstream and downstream i (2) it will create erosive velocities in the tream and
appropriate protection has not been provided;
effect on the project.

(6) The type of all materials to be used on the fill, levee or similar

structure.
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II-B-90

0 (

M yAINfTENCE AND REPAIR
(3) it will increase flood damages downstream through a loss 5105.281. Maintenance and Repair of evees or Flodwalls.

of flood plain storage. (a) The owner of any levee or floodwall shall inspect the levee or
(b) An application for any proposed levee, fill, or similar structure flodwall and all appurtenant structures, including drainage facilities, at

within the floodway of a regulated water of the Cacxonwealth will not be least annually and shall coply with 5105.53(c).

approved by the Department, unless the applicant demonstrates that (c) Tees and other vegetation with deep roots shall not be allowed

the project is consistent with local floodplain management programs. on any levee used for flood control prposes, and vegetation shall at all

�105.272. Waste Materials. t�a be cuttrolled.

No waste materials of any type shall be used in the construction of 5105.282. Maintenance of Fills.

fills, levees, or similar structures, except in accordance with the pll at all times be maintained in a manner to prevent erosion

visions of the Solid Waste Management Act and Chapter 75 of this title and to assure the stability of the slopes.

(relating to solid waste management). Sbchapt G. STREM CcSIi, JTAS AND HEAIALS

5105.273. Slopes.
GEA PruVISIaNS
The slope of any fill, levee, or similar structure shall not be 105.291. Scope.

steeper than two horizontal to one vertical, unless special circumstances
Except as provided in �5105.3 and 105.12 of this title (relating to

are denonstrated and adequate steps are taken to assure permanent scope and waiver of permit requirements), the provisions of this subchapter

stabilization of the slope. shall apply to all stream crossings, outfalls, headwalls, pipelines, and

5105.274. Top Width of levees. aerial crossings and other analogous structures which are place in,
The top width of any levee shall not be less than ten feet. along, across, over, or under the regulated waters of the Cmmonwealth.

S105.275. Interior Drainage. PERMTS

Adequate facilities shall be provided to drain the interior area 5105.301. Permit Applications for Construction or Modification.

behind the levee or fo*odwall. In addition to the information required pursuant to [515105.13 [and
�105.276. Freeboard Allowance.
105.14] of this [title] Chapter (relating to permit application information and

The height of a levee or fblo~owll shall provide an allowance for firee- engineer's certification), applications for stream crossings shall contain the
board above the design flood of the structure.
follcwing, where applicable:

(1) The shore lines of the affected body of water, including both

high and low water marks.

(2) Existirn structures and stream crossings in the vicinity of the

proposed crossings.

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II-B-93

(3) The alignment of the proposed pipe or cable.
(1) the stream crossings are placed in such a manner as to be displaced
(4) The depth of the proposed pipe or cable and the clear depth below fld
by flood waters;
the data plane to be afforded by the pipe or cable in navigable channels. (2) the stream crossing alters the cross section of the stream and
(2) the stream crossing alters the cross section of the stream and
(5) [A profile, including the bottom] A cross section of the stream
its banks;
from bank to bank with the location of the stream crossing to be affixed (3) there is unnecessary paralleling or crossing of streams by pipe-
(3) there is unnecessary paralleling or crossing of streams by pipe-
thereon.
lines or cables; or
(6) In the case of outfalls, the discharge capacity of such structures.
(4) pipelines or cables are placed on the bed of streams.
(7) A statement indicating the purpose of the proposed stream crossing. 105.312. r Material.
�105.312. Cover Material.
(8) The amount and type of cover material.
No waste material of any type shall be used as cover material for
(9) Adequate provisions for shut-off in the event of break or rupture.
stream crossings.
(10) Such other information as the Departuent may require. 5105.313. Pipelines Uder Stream Beds.
�105.313. Pipelines Under Stream Beds.
5105.302. Permit Applications for Existing Stream Crossings by
(a) Pipelines under stream beds shall be located such that there will
Pipelines for Conveyance of Petroleum Products and Gas.
be a minimum of three feet of cover between the top of the pipe or
In addition to the information required pursuant to �105.13
encasement and the lowest point in the stream bed; provided, that if the
of this Chapter (relating to permit application information and
of this Chapter (relating to permit application information ad pipeline is in rock, it shall have the depth of granular soil plus six
engineer's certification) applications for existing stream crossings inches for cover, but never less than one foot of total cover.
inches for cover, but never less than one foot of total osver.
by pipelines for conveyance of petroleum products and gas shall contain Pipelines under the stream bd shall be as near to rizontal as
(b) Pipelines under the stream bed shall be as near to horizontal as
the following: possible.
possible.
(1) The shore lines of the affected body of water, including both c) The Depar nt may require additional information ad/or waive
(c) TDe Depatet may require additional information and/or waive
high and low water marks.
~~~~~~~~~~~high and low water marks. ~the requirements of subsection (a) of this section in specific cases.
(2) The alignment and depth of the pipe or cable, and the clear
S105.314. Pipelines along streams.
depth below the data plane afforded by the pipe in navigable channels.
Pipelines along streams shall be located a sufficient distance away
(3) A cross section of the stream from bank to bank with the
fran the bank to prevent damage to the bank as a result of erosion; pipelines
location of the pipeline affixed thereon.
shall be located a miniimum of 25 feet away from the stream bank unless other
(4) The amount and type of cover material.
erosion protection measures are approved by the Department.
(5) Provisions for shut-off in the event of break or rupture. u apter . DC, ES AND
Subchapter H. DOCKS, wDDE AND BI
(6) Such other information as the Department may require. GERAL VISIOS
GENERAL PRO0VISIONS
CRITERIA FOR APPRDVAL OF CONSTRULTICN OR MDIFICATICN 105.321. Scope.
�105 .321. Scope .
�105.311. General Criteria.
Except as provided in 55105.5 and 105.12 of this title (relating to
In evaluating applications for stream crossings, cutfalls, headwalls,
in evaluating applications for stream crossings, outfalls, headwalls, scope and waiver of permit requirements, the provisions of this subchapter
pipelines, aerial crossings, and other analogous structures, the Department
II-B-95
will not approve an application if: II-B-94

Subchapter I. CaMERIAL DREDING (1) The delineation of areas to be dredged, with reference to river

GENERAL PROVISIONS miles of distances from fixed reference points or sufficient courses and

�105.361. Scope. distances referenced to permanent shore points to allow a fix to be made

Except as provided in �5105.3 and 105.12 of this title (relating to on the boundary points of a dredging area in a lake.

scope and waiver of permit requirements), the provisions of this subchapter (2) Stream depths in the proposed dredging area (if known) or

shall apply to dredging in the regulated waters of the Cmnmonwealth for approximate estimated depths, if accurate measures are not available.

sand, gravel, and other minerals for the purposes of cormercial exploi- (3) The equipment to be employed in the dredging operation and its

tation. The provisions of this subchapter shall not be construed to capabilities.

restrict the Department, in managing the C ormmnwealth's proprietary [(4) Test borings indicating the depth, extent, and nature of the

interests pursuant to the act of July 31, 1970 (P.L. 699, No. 225), deposit to be dredged.]

repealed by the act of December 3, 1970 (P. L. 834, No. 275) (71 P. S. (5)1 (4) The proposed rate of production.

S468(d) (repealed 1970 - see Note following S�461-469 in 1978 Supp.)), [(6)] (5) The location of public and industrial water supply intakes.

Section 15 of the Dam Safety and Encroachments Act, and 1908-A(3) of The [(7)] (6) A plan for the disposal of solid waste, dredge spoil, and sewage

Administrative Code of 1929 (71 P.S. 5510-8(3)), from exercising its from the dredging vessel.

discretion to issue or not to issue permit agreements or to impose such [(8)] (7) Such other information as the Department may require.

terms and conditions in permit agreements as it deems to be in the best �105.372. Prior Requisite Approvals.

interests of the Commonwealth; in the event, however, that the Departnent Provided the other requirerments of this subchapter are met, approval

issues a permit agreement conveying the Comtnnwealth's proprietary by the Department of dredging permit applications is conditioned upon

interests in any such deposit of sand, gravel, or other minerals, the the applicant's obtaining a permit/agreement under the act of July 31,

provisions of this subchapter shall constitute the miniomum requirements 1970 (P.L. 699, No. 225), repealed by the act of December 3, 1970 (P.L.

for dredging pursuant to the Ccmmonwealth's regulatory authority under 834, No. 275) (71 P.S. 5168(d) (repealed 1970 - see Note following

the Dam Safety and Encroachments Act. S�461-469 in 1978 Supp.)), or an interest in land pursuant to Section 15

PERMITS of the Dam Safety and Encroachments Act, where the bed of the regulated

S105.371. Permits: Content of Application. waters is owned by the Ccmonwealth.

In addition to the requirements of [�]S105.13 [and 105.14] of this OPERATI L CRITERIA

title (relating to permit application information and engineer's certi- S105.381. Location of Dredging.

fication), all applications for commercial dredging permits shall contain (a) Dredging shall not occur within 500 feet of any bridge piers or

the following information: abutments.

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(b) Dredging shall not occur within 5000 feet above any public water (b) Suspended material which has been removed from the wash water

supply intake, unless the applicant can satisfactorily demonstrate t shall be disposed of in such a manner that will prevent discharge to waters
of the Commmnwealth.
Department that drinking water standards for turbidity shall not be exceeded
�105.383. Disposal of Waste Materials.
and no other adverse effects on the operations of any water user user shall occur.
(a) The permittee shall not throw, discharge, or deposit or cause
Water supplies within five miles downstream of the dredging operation shall
or permit to be thrown, discharged, or deposited fram or out of any ship,
be notified of proposed dredging or start up, or both, of operations.
barge, or other floating craft employed in the dredging operation any refuse
Applicant/permittee shall provide proof of such notification.
matter, including oil and petroleum products.
(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 (b) Bilge, ballast, or wastewater pumped from barges shall nt be
discharged to the stream without acceptable removal of oils or toxic
in no event, less than 50 feet.

(d) Dredging shall not occur in reaches of streams where water cocaounds, in a m approved by the Department.
(c) Discharge of dredged material into the regulated wters of the
levels are controlled by dams if the water depth is less than six feet at
noal pool. Comnnwalth shall be subject to the provisions of subchapter J of this
normal pool.
title (relating to discharges of dredged or fill material).
(e) Dredging shall not occur in, encroach upon, or cause siltation ttle (relating to discharges of dredged or fill aterial).
(d) Dredge spoil and sludge deposits collected during the cperation
in areas of riffles or shallow pools whenever such areas are contributing
shall be deposited in a location and a manner approved by the Department.
to the sustenance of game fish or rare and endangered species in any free-

flowing reach of a stream. Game fish shall include all those species and) Litter, refuse, and sanitary waste from dredging vessels shall

varieties defined as such by section 10 of The Fish Law of 1959 (30 P.S. �10). be disposed of in a manner approved by the Department.
�105.384. Protection of Stream Users.
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. ortage must be constructed around the upstream face
of the operation in order to facilitate navigation of small craft where the
5251.1) or defined by 50 C.F.R. �17.12. A free-flowing reach of a stream
dredging operation will substantially obstruct the waterway.
shall include any reach, segment, or area of a stream except where a pool
(b) The permittee shall post signs 1000 feet upstream of where the
has been created by a dam.
dredge is operating and 500 feet from the downstream end of the dredging area
�105.382. Washing and Classification of Materials.
warning users of the stream that dredging operations are in progress; such
(a) Wash water from the classification process shall not be returned
warnings shall be in large block printing, readable at a distance of 300
to the stream, unless a permit in accordance with The Clean Streams Law
feet, and contain the warning, "IDAXER, DREDGING 1000 FEET AHEAD" or
(P.S. �S691.1-691.1001) has been obtained.
"DANGER, DREDGING 500 FEE' AHEAD."

II-B-98 II-B-99

is~~~~~~~~~~~~~~~~~i

shall apply to the construction, operation, and maintenance of docks, �105.385. Reporting.
The permittee shall submit to the Department an annual report indicating
wharves, and bulkheads in the regulated waters of the Ccmrnonwealth.
the amount of sand, gravel, or other minerals dredged from the stream bed

S105.331. Perm~it Applications. during the preceding calendar year.
�105.331. Permit Applications.
Subchapter J. DISCLO~S_ OF DR~X]E OR FILL MATER/AL
In addition to the information required pursuant to [�1�105.13 [and 105.14]

of this [title] Chapter (relating to permit application information and PROVISICtS
S105.391. Scope.
engineer's certification), applications for new and existing docks, wharves,
and bulkheads shall contain the following information: BExcept as provided in �5105.3 and 105.12 of this title (relating

(1) The exact location of the structure. to scope and waiver of permit requirements), the provisions of this

(2) The disensions of the structure. subchapter shall apply to the discharge of dredged or fill material into
the regulated waters of the Co~ th.
(3) A plan indicating the relation of the structure to the banks and

channel, neighboring structures, and the navigation channel. PERMS
�105.401. Permit Applications.
(4) Cross sections indicating elevations of structures, location of
pilings, and water depth. In addition to the requirements of [S1�105.13 [and 105.14] of this

(5) The purposes for which the structure will be used. title (relating to permit application information and engineer's certi-

(6) Such other information as the Departrent may require. fication) and other applicable requirements of this chapter, all

�105.332. Riparian Property. applications for discharges of dredged or fill material into the regulated

When an applicant proposes location of a structure on or in front of waters of the Comonwaalth shall contain the following information:

riparian property not owned by the applicant, the applicant shall obtain (1) The location of any public water supply intakes located within

and furnish to the Department notarized and signed releases from the and ten miles downstream;
(2) The location of any areas of shellfish production;
owners of all affected riparian property.
CRITERIA FOR APPROVAL (3) The impact of the activity upon any threatened or endangered

species as identified under the Endangered Species Act, and the critical
�105.341. Passage of Ice and Flood Waters.

Structures must be able to pass flood waters and ice without property habitat of such species;
damage and without increasing the upstream flood hazard. (4) The impact of the activity upon those species of aquatic life

OPERATION RM ADA- P rENlsE indigenous to the waterbody;

�105.351. Removal of Structure. (5) The amont or percentage of the discharge that will consist of

Upon termination of the useful life of the structure, the owner shall toxic material regulated pursuant to Section 6 of the Toxic Substances

remove it cmplretely and restore the banks. Control Act, 15 U.S.C.A. 52605, or hazardous materials as defined by the

II-B-100
II-B-101

Federal Resource Conservation and Recovery Act in other than trace Subchapter K. DISRBRSHE1S OF MONIES Fe: IH E
DAMS AND CHADHMEq1S FUND
quantities; and
S105.431. General Provisions.
(6) Such other information as the Department may require.
(a) All fines collected under the penal provisions of the Dan
CRITERIA FR APPINVAL
Safety and Encroachments Act and all civil penalties collected under that
5105.411. General Criteria.
act shall be paid into the Treasury of the Comounwealth in a special fund
The Department will not approve an application to discharge dredged
known as the Dams and Encroachments Fund.
or fill material, unless the applicant demonstrates to the Department a
(b) Monies paid into the Dams and Encroachments Fund may be disbursed
public benefit which outweighs the damage to the public natural resources,
at the Department's discretion for use in the elimination of hazards to'
if:
life, property, and the environment resulting from unsafe dams, water
(a) The discharge is to a spawning area during spawning season.
obstructions, and encroachments. Such monies shall be available for use
(b) The discharge would restrict or impede the movement of aquatic
of the Bureau of Dams and Waterway Management in addition t funds otherwise
species indigenous to the waters or the passage of normal or expected
available to it.
high flows or cause the relocation of the waters (unless the primary
(c) For purposes of this chapter, the full and normal range of
purpose of the fill is to impound waters);
activities of the Bureau shall be considered to contribute to the
(c) The discharge is into wetlands areas; or
elimination of hazards fromn unsafe dam, water obstructions, and
(d) The discharge is into breeding and nesting areas for migratory
ecrachmr nts pursuant to subsection (b) above. Disbursement of monies
'waterfowl.
froma the Dams and Encroachments Fund monies may therefore be made for, hut
RATIO N AND bINl4TMANCE
shall not be limited to, the following purposes:
5105.421. General.
(1) Conducting of such investigations, tests and analyses as
Discharges of dredged or fill material shall be properly maintained
required to carry out the purposes of the Dam Safety and Encroachments
to prevent erosion and other types of pollution.
Act, including costs of entry, testing and sampling, or examining books,
S105.422. Use of Heavy Equipment.
papers, or records;
Heavy equipment used in wetlands shall be placed on mats where
(2) Udertaking corrective action, repair work, or removal to
practicable.
eliminate any actual or potentially dangerous or hazardous condition of
S105.423. Reivnal of Temporary Fill.
any dam, water obstruction, or encroachment as provided under Section
All temporary fill shall be completely removed.
14(c) of the Dam Safety and Elcroachments Act.

II-B-10Z II-B-103

(3) Purchase of contractual services and consultation frcn

firms and individuals with relevant expertise in the field of safety of

dams, 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 dams, 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 Ccamrowealth,

such as the printing of briefs and records, taking of depositions, and
expert witness fees.

S105.432. Authorization for Disbursement.
The Director of the Bureau of Dams and Waterway Management shall
authorize the use of all monies disbursed from the Dams and Ehcroachment

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 ard Waterway

Management shall submit a request to the Secretary of the Department of
Environmental Resources requesting an authorization to disburse the funds

for the project in question.

II-B-104

0~~~

Part III
* Alternatives to
the Proposed Action '

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
and may agree 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. The status of implementing
regulations pursuant to these authorities is as follows:

- Floodplain Management Act - Proposed rules found in
Appendix B of the DEIS have been adopted as final
regulations on July 14, 1980. Final regulations are
not published in the FEIS.

S - ~~Dam Safety and Encroachments Act - Proposed final
regulations are printed in Appendix B of the FEIS.
Consideration of proposed final regulations will be
made by the Environmental Quality Board on
September 16, 1980. Regulations must be adopted as
final prior to approval of the Pennsylvania Coastal
Zone Management Program.

- Bluff Recession and Setback Act - Proposed final
regulations and bluff hazard area designations are
printed in Appendix B of the FEIS. Consideration of
proposed final regulations and designations will be
made by the Environmental Quality Board on
September 16, 1980. Regulations must be adopted and
designations must be made prior to approval of the
Pennsylvania Coastal Zone Management Program.

Throughout the development of the Pennsylvania Coastal Zone
Management Program a variety of alternatives to specific elements
of the program were considered. Many of these derived from
comments received from involved local and State agencies, Federal
agencies, local steering committees, and other interest groups.
The consideration of alternative boundaries, management
techniques, policies and guidelines has taken place since 1974.

The record of this process of reviewing substantive alternatives
which were considered consists of thousands of pages. Any
attempt in this environmental impact statement to consider all
policy and programmatic alternatives would only repeat the
detailed public record and cause unnecessary bulk and delays inW
the EIS process, problems that the new Council on Environmental
Quality (CEO) Regulations on implementation of the National
Environmental Policy Act (NEPA) attempt to avoid. Federal Office
of Coastal Zone Management believes that the review of alter-
natives during program developments and NEPA public participation
standards have been built into Federal Office of Coastal Zone
Management's requirements for program development.

Normally, at the time a program is submitted for approval, most
of the substantive decisions regarding policies, how the program
is to be implemented, etc., will have been made by State
executive or legislative branches of government. That is not to
say changes can no longer be made. In many instances in other
states, changes have been made after State program approval.
Federal Office of Coastal Zone Management's alternatives to
program approval are to delay or deny approval for a number of
reasons. These reasons are limited to those identified in the
review process and those that the Federal Office of Coastal Zone
Management feels are- potentially valid reasons according to
Federal Office of.Coastal Zone Management regulations.

Additional valid alternatives are those which can be carried out
by the State. They are to modify parts of the program or
-withdraw their applications for approval. Where these were not
specifically elaborated on in the DEIS because the consequences
coincide with those of the Federal alternative, they remain 0
through the process as valid alternatives.

With respect to the "no action" alternative, Federal Office of
Coastal Zone ManagementL has generally considered that Federal
denial or State withdrawal from the program and "no action" as
synonymous. State participation under the Coastal Zone
Management Act is voluntary; and when a State participates in
program development, it decides whether or not program approval
and implementation is in its best interests. A few states have
chosen the alternative of nonparticipation. This alternative may
be chosen by a state at any time.

The impacts of the "no action" alternatives were described in the
DEIS in Part III, Alternatives to the Proposed Action, under the
Loss of Federal Funds to Administer the Program, and the-Loss 'Of
Consistency of Federal Actions with the Pennsylvania Coastal Zone
Management Program and its Policies. Federal Office of Coastal
Zone Management believes that these descriptions are sufficient
for an understanding of the impacts associated with this
particular alternative.

in order to elicit public and agency comment and assure that the
Assistant Administrator's initial determination is correct, this

III-20

section identifies areas where there are possib. ~ deficien~cies,
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 program.
Under Section 306 of the CZMA, as amended,
Pennsylvania would receive approximately $1.3 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 (as described later in Part III) 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
Pennsvlvania's Coastal Zo-ne Management Program 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
S ~~~~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
interes~t in the siting of facilities which are other
than local in neature as required bV Section 36c)(8)
of the CZMA. By delaying or denying program approval,
the 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
Port of Erie could result in the need for use of
different energy sources. This may add to higher
energy costs to the public. However, the national

III-3

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 eliciibility of funds available under
the Coas-tal En~j- Impact Prociram(`CEIP`). No coastal
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 Section 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 OCZ14
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.

I11-4

Alternative I - The Assistant Administrator could delay or deny
program approval if there.is no means to implement and enforce
the -manaqement program.

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.

Three new authorities have been.enacted since Pennsylvania made
its initial program proposal. These provide a means for State
protection of floodplains, wetlands, and bluff recession hazard
areas. These are the Floodplain. Management Act and the
amendments to the Water Obstructions Act, or as it is now called
as a result of the amendments, the Dam Safety... and Encroachments
Act and the Bluff Recession and Setback Act. :

Under the provisions of the ,Floodplain ManagementsAct, 1Qcal
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 wil -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 publicgutility
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 prpoosed final form in Appendix B of the FEIS. Final
regulations will be adopted prior to program approval.

Under the Bluff Recession and Setback Act, the Department of
Environmental Resources is responsible for identifying and
designating bluff recession hazard areas. Each municipality
designated as possessing such an area is required to implement
ane enforce State approved ordinance and regulations which
control construction and development activities in those areas
subject to bluff recession hazards. The State may file suit to

III-5

restrain, prevent or abate violations of this Act or municipal
ordinances or regulations designed to implement this Act. Prior
to local implementation of ordinances and regulations in bluff
recession hazard areas, the Commonwealth will control the j
placement of structures in these areas.W

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. Enforcement of the program is facilitated because
the Department of Environmental Resources, the lead agency, is
authorized to enforce major program authorities.

In addition, Article I, Section 27 of the Pennsylvania
Constitution, also known as the Environmental Rights Amendment,
provides for the conservation and maintenance of public trust
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 independent administrative agencies
with responsibilities in the coastal zone are not
administratively 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 nature, and report the
status of its projects to the Coastal Zone Management Program.

Alternative II - The Assistant Administrator could delayK or deny
progam aproval if reciulations to i mlmn the State authority
over activities in wetlands have not been adopted.

Pennsylvania has developed regulations as a basis for reviewing
activities proposed to occur or be located in coastal 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

III-6

Encroachments Act. Proposed final regulations will be found in
Appendix B of the FEIS. Prior to program approval, final
regulations must be adopted.

Alternative III - The Assistant Administrator could delay or deny
approval if the Commonwealth did not have the necessary
authorities to deal with the sin~ificant problems and issues of
the two Pennsylvania coastal areas.

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
that 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
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:

1. Any obstruction otherwise regulated under the Water
0- 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

is III-7

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 0
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
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 was enacted May. 13,
1980 in order for the Pennsylvania program to receive
consideration for Federal approval and to provide the
Commonwealth with the management tool to deal with the problem of
bluff recession. The Act 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 hot
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 has
the necessary management authorities needed to address the scope
of its program.

III-8

Alternative IV - The Assistant Administrator could delay or deny
program approval if the coastal Policies are rnot sufficiently
specific.

SPennsylvania'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 poli'cies 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
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.

S 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.

0 ~~~~~~~~~~~111-9

P
A
Part IV R
Affected Environment T

PART IV - AFFECTED ENVIRONMENT

Part II includes a chapter entitled Introduction and overview,
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 the 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
Pennsylvania's 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 Brie 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 shelters Erie, Pennsyl -
vania 's only Great Lakes rort.

0 ~~~~~~~~~~~IV- 1

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.

IV-20

P
A
Part V R
Environmental Consequences T
0

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
approval. The Coastal Zone Management Act makes it national
policy to "preserve, protect, develop and, where possible,
restore our coastal resources"
The Pennsylvania Coastal Zone Management 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 Environ mental Resources,
Coastal Zone Management Branch. This funding,
totaling approximately $1.3 million per year, will:

a. Strengthen State resource management capability
in the coastal zone by focusing management
efforts on implementing State authorities,
supplementing funds from other State and Federal
programs to accomplish coastal objectives, and
aggressively using the provisions of Federal
consistency.

b. Allow more efficient review of waterfront
activities.

C. Conduct technical and policy studies related to
economic and natural resources and the overall
management process in order to upgrade the
information base on which coastal decisions will
be made.

V-1

a. Permit Pennsylvania to continue to cooperate
with neighboring coastal states (several of
which have received Federal approval) on matters
of mutual concern.

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. 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 are more 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 an
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 Coastal Energy
Impact Program grants would be administered annually
by the Pennsylvania Department of Community Affairs.

Additional funding for interstate coordination, land
acquisition, and rehabilitation of dilapidated urban
water fronts and ports, for coastal access, 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

V-2

agency actions. Approval of the State's 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
intends to implement them, are described 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 with in the
development and implementation of a state's 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 giver and Lake Erie are worthy of renewed

* ~~~~~~~~~~~v-3

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
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,many land values
will increase. Even in advance of Federal approval,
knowledge of events occurring in other waterfront
communities has spurred development and redevelopment
plans, However, the value of some coastal properties
subject to the Floodplain Management Act, the Dam
Safety and Encroachments Act, and/or the Bluff
Recession and Setback Act may decrease due to restric-
tions to development these laws may impose (see
Appendix B of the DEIS and the FEIS). These laws may
also result in increased costs of development in order
to meet performance standards imposed by the
regulations.
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 required will ultimately
be viewed as a valuable and money-saving proposal.
These savings will involve less time and confusion for
applicants and reduced government manpower costs. In
addition, there will be an availability of
preapplication education for complex projects.
Program policies VII-l through 3,VII-3 and 4 and IX-C
and D are included specifically to develop an improved
economic climate for coastal development in
appropriate areas of the Pennsylvania coastal zones.
In addition, policies I11-2 and 3, and V-i and 2 will
stimulate economic activity indirectly as the
Pennsylvania Coastal Zone Management Program moves to
restore water quality to improve fish habitat and
provide recreational access to the waterfronts. This
will help stimulate demand for recreational goods and
services.

Significantly, if the Coastal Zone Management~ Program
in Pennsylvania is 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 due to lack of information
transfer. Some will fix up and restore while others
will ignore and despoil. A good measure of

v-4

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
#nd recreational suppliers will benefit first, as
increased coastal accessibility' begins to materialize.
In addition, as a result of program approval, the
Office of Coastal Zone Management will consult with
the U.S. Fish & Wildlife Service in accordance with
Section 7 of the Endangered Species.Act of 1973 when
it is determined that activities of the Pennsylvania
Coastal Zone Management Program will affect Federally
listed threatened or endangered species.

2. Natural Environment Impacts - Impacts on the natural
environment will result from:

a. Enhanced enforcement and administration of State
authorities.

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.

Through the incorporation of the Dam Safety and
Encroachments Act into the Program, no permit
will be granted by the Commonwealth for work in
or within 300 feet of any wetlands unless the
public benefits of the project outweigh the
damage to the wetlands resource and the project
is necessary to realize the public benefits. In
evaluating the public benefits of wetlands, the
Commonwealth considers whether the wetlands

* ~~~~~~~~~~V-5

perform any of six natural functions (See
Appendix B of the FEIS). The Commonwealth also
considers availablity of feasible alternr--ive
sites, the need to locate the proposed activity
in a wetland, and the cumulative effect of0
numerous such changes to wetlands resources.

Regulations implementing the Dam Safety and
Encroachments Act also cover a wide range of
water obstructions and encroachments and provide
for two exemptions to a permit. These
exemptions are for (1) construction of a dam not
exceeding three feet in height in a stream not
exceeding fifty feet in width, when such dam is
constructed for a pool for fish and fishing
purposes., and (2) placement of a water
obstruction in a stream with a drainage area of
320 acres or less that cannot imperil life or
property, have A significant affect on coastal
resources, or adversely affect the environment.
As a result of program approval, the following
environmental impacts in the coastal zones would
result from any dam exempted from the permit
requirements of the Dam Safety and Encroachments
Act: (a) loss of free flowing stream habitat
necessary for spawning of anadromous fish,
(b) loss of access opportunities for stream
fishing, (c) siltation of submerged habitat
behind dam, (d) loss of land area and wildlife
habitat inundated as a result of the dam,0
(e) increase in fish habitat, and (f) increased
opportunity for small lake or pool fishing.
The second exemption should not have a negative
environmental impact since the regulations
require that placement of a water obstruction or
encroachment in a stream with a drainage area of
320 acres or less cannot have a significant
effect on coastal r:esources.
The Dam Safety and Encroachments Act will also
regulate commercial and channel maintenance
dredging. Implementing the State p~iicy which
expresses a preference for hydraulic ~dredging
will result in less siltation and turbidity
which can be detrimental to fish, shellfish, and
aquatic plant life. This policy, however, may
not be applied in all cases where dredging is
required. Site location, availa'Luility of
dredging options, biological resources which may
be adversely affected by hydraulic dredging and
related economic factors will be used .to
determine the most suitable method of dredging.

.V-6

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
0 ~~~~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. The impact of Policy I-A.1
requiring the establishment of erosion hazard
setbacks will -result in greater protection for
property owners who may otherwise build
structures at an unsafe distance from the bluff
face. This will also protect any investment
made to build these structures. A setback will
not stop bluff recession and shoreline erosion.
It will, however, help to prevent accelerated
rates of erosion which often result from
development occurring too near the bluff edge.
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 i1.n 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:
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.

* ~~~~~~~~~~V-7

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 Is
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 II, Chapter 3. The State already has control to
protect the natural environment in many of its GAPC,
such as wetlands and floodplains.

In other GAPC, the State will be working 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 coastalS
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, especially in floodplains,
wetlands, and erosion hazard areas, will be positive.
Improved 'administration of State authorities and
technical assistance to local governments will provide
the stimulus.

3. Institutional Impacts - The major institution~al impact
of the program will be to enhance the-capacity of the
State as a resource manager. This means that it will
develop a stronger sense of priorities for the coastal
zone both in its regulatory and funding decisions and
will develop consistent criteria by which its
decisions are made. This improvemed sense of
priority and decision-making criteria will be
developed by all agencies which participate in. the
program.

V-8

Participation of these State agencies will provide
them with the perspective of other State agencies and
interest groups concerned with coastal resources.
This should facilitate the process of balancing
decisions between use and preservation of coastal
resources. Unfortunately, from the perspective of
local governments, the State is often viewed as an
uncompromising "enforcer" rather than a 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 "State/Local"
partnership in which the State performs many
regulatory functions, but relies on local ordinances
for managing activities in floodplains and erosion
hazard areas. The Commonwealth 'may also delegate
administration of parts of the Dam Safety and
Encroachments Act to local governments.

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 conflict resolution aspects of 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 will be no Coastal
Zone Steering Committees, and less access to county

5 ~~~~~~~~~~~~V-9

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.

Possible Conflicts Between the Proposed Action and the Objectives
of Federal, Regional, 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 I 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)(Afl.

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 have 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 coordination with local, county, and regional land use
plans (where available) 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.

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 there 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.

v-10

Environmental Effects of Alternatives

Since *the alternatives deal with approval or denial of the
O ~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
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 Pennsylvania's
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
O ~would technically still exist, but without the mechanism of
"State 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 very positive. The tangible
benefits to residents and businesses in Pennsylvania resulting
from an ongoing Coastal Zone Management Program have been pointed
out previously. A balanced program, featuring a mechanism to
resolve conflicts and coordinate State regulatory agencies would
oe extremely desirable.

Finally, Pennsylvania' s Coastal Zone Management Program had to
initially overcome its own image as a noncoastal 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.

l4eans to Mitigate Adverse Environmental Impacts

rhe program's management philosophy is to encourage economic
jrowth while protecting and enhancing environmental quality. The

v-11

Pennsylvania Coastal Zone Management Program will manage 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 0
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.
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 them to their natural
condition or to upgrade the environmental quality of these areas.

V-12

P
A
Part VI R
List of Preparers T

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 (1975)

Experience: 8-1/2 years resource management and legal consultant

Mr. John Paul Tolson, 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)
BaS. Public Administration, Southeastern University
(1979)
M.A. Urban and Regional Planning, University of
Maryland, in progress.

Experience: 2 years of Federal grants administration and coastal
zone management related areas

Mr. Daniel Hoydysh, Attorney/Advisor, office of Coastal Zone
Management

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 management, legal and
related areas

VI-1

Mr. John Pedrick, Attorney/Advisor, 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 months coastal zone management, 16 years
planning and program 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 coastal zone management, 10 years total
planning

Mr. Willi.am 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)

Experience: 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 School, 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 secretarial, 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 Director, 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

VI-3

0~~~~~

Part VII
List of Agencies, I
Organizations and
Persons Receiving Copies
of the FEIS

*O,~~~I

PART VII - LIST OF AGENCIES, ORGANIZATIONS AND PERSONS
RECEIVING COPIES OF FINAL ENVIRONMENTAL IMPACT STATEMENT

Federal Aciencies

Advisory Council on Historic Preservation
Department of Agriculture
Department of Commerce
Department of Defense
Department of Energy
Department of Health, Education & Welfare
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

State and Local Aciencies

Bensalem Township
Bensalem Township Planning Commission
Bristol Borough
Bristol Borough Planning Commission
. ~Bristol 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

V11-1

Falls Township
Falls Township Planning Commission
Folcroft Borough
Folcroft Borough Planning Commission
Girard Township0
Governor's Office of Policy and Planning
Governor's Energy Council
Harborcreek Township
Lake City Borough
Lawrence Park Township
Lower Chichester Township
Marcus Hook Borough
Millcreek 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
Tullytown Borough
Upper Chichester Township

State and Local Interest Grouns

Allied Chemical Corporation
API-Pennsylvania
Association of Preservation of Darby Creek Valley
Atlantic Richfield Company
B.P. Oil Corporation

VII-2

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
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

VII-3

Pennsylvania State University
Pennwalt Corporation
Penn Warner Club
Pennypack Park Civic Association
Philadelphia Academy of Natural Sciences
Philadelphia Coke
Philadelphia Electric Company
Philadelphia Evening Bulletin
Philadelphia Federation of Sportsmen's Clubs
Philadelphia Industrial Development Corporation
Philadelphia International Airport
Philadelphia Partnership
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 Tonesdale Civic Association

Others Receivinq CoDies

All other agencies, groups and persons expressing an interest in
receiving a copy of the Final Environmental Impact Statement
Moreover, all major municipal libraries in the two coastal zones
will receive copies for reference.

VII-4

P
A
Part VIII R
Comments and Responses
to the DEIS T

VII

PART VIII
Of particular concern to DOI were the provisions for wetlands protection
in the regulations. OCZM has determined that the regulations are sufficient
for purpose of program approval because they provide a public benefits test
for activities proposed to be located in coastal wetlands. This test recog-
nizes public benefits of naturally functioning wetlands. As part of that
test, the regulations require consideration of alternative sites, information
Part VIII contains comments received by the Office of Coastal Zone Manage- from the applicant an the need to locate the proposed activity in a wetland
ment during the Federal review period for the Pennsylvania Coastal Zone
Management Program and Draft Environmental Impact Statement ending July 21, a watde
1980. Comments were received in written form and in oral testimony at three
public hearings held in Philadelphia, Pennsylvania on July 1, 1980, and OCZM finds the suggestions made for changes and additions to these regu-
Erie, Pennsylvania on July 2, 1980. All comments, written and oral, have lations useful, but not necessary for approval of the program, based on the
been summarized. Comments of individuals, groups, or agencies submitting requirements of Section 923.3(b) and 923.41 of Program Approval Regulations
written comments in addition to providing oral testimony at a public hearing (see also the response to the comments regarding the relationship between
are listed under hearing comments. In some instances, comments have resulted these regulations and the guidelines for issuance of Federal permits under
in changes to the document. This has been noted in the response to the Section 404 of the Clean Water Act on page VIII-13 and VIII-39). Never-
comment. theless, the Commonwealth will consider the suggested changes and additions
The summary of the number of comments received is as follows: prior to final adoption of the regulations.
Proposed final Chapter 105 regulations are found in Appendix B of the
Written Conmments FEIS. Final approval of the Chapter 105 regulations is scheduled for the
September 16, 1980, meeting of the Pennsylvania Environmental Quality Board
Federat Agencies - 7 (EQB). No approval of the Pennsylvania Coastal Zone Management Program will
Locat Agoernients - I be granted without adoption of adequate final regulations. Changes made
Local Government s - 2 between the Proposed Final Regulations appearing in the FEIS and the final
InterestiGrouas - 7 regulations as adopted on September 16, 1980, will be reviewed by the Office
of Coastal Zone Management for both degree and substance of change. Substan-
tial changes to the Chapter 105 regulations will result in distribution of
He ar ing Comments (includes individuals, groups, and agencies which the final regulations and commencement of a new 30-day period prior to ap-
have submitted written comments in addition to proval of the PCZMP.
oral testimony)

Federal Agencies - 0
State Agencies - 2
Local Agencies - 2
Interest Groups - 5
Individuals - 6
In addition, comments from two Federal agencies were received after the
close of the comment period. Although the comments and response are not listed
here, a number of the recommendations of these agencies are reflected in the
FEIS.

Response of General Interest to Commentors on the DEIS

In its comments on the DEIS, the U.S. Department of Interior (001) raised
a number of concerns over the Chapter 105 regulations issued pursuant to the
Dam Safety and Encroachments Act. These regulations appeared in Appendix B,
pages 19-98. The regulations as proposed in the DEIS are sufficient for
purposes of program approval because they provided a means to carry out
Policies 1-A.2 with respect to erosion control structures; I-B.1 with respect
to floodplains; II-1 with respect to commercial and maintenance dredging and
spoil disposal; IV-1 with respect to wetlands, VIII-1 and VIII-2 with respect
to energy facilities.

VIII - 1 Vill 2

FEDERAL AGENCIES
Comment

Department of Agriculture No mention of urban sediment control plans is discussed. Because of the
intense development in the Delaware Valley, urban sediment control plans should
(Norman A. Berg, 7/21/80) be addressed with stormwater management in the policy framework.
Response
Comment
In preparation of the stormwater management plans, pursuant to the Storm-
No information concerning forest resources or their management is pre- water Management Act, it is anticipated that urban sediment control will be a
sented. The program should recognize that floodplains and wetlands are component of those plans. The PCZMP now acknowledges this consideration (see
important producers of forest products and associated resource values such Authority(s)/Policy 1-A.3).
as recreation, wildlife habitat, open space, watershed protection, and other
val ues.
Response Federal Energy Regulatory Commission

Management of forest resources is outside the scope of the PCZMP. The (Carl N. Shuster, 7/17/80)
program acknowledges that coastal wetlands are important sources of resource
values such as fish and wildlife habitat, storage areas for floodwaters, and
buffers against shoreline erosion. However, coastal wetlands in Pennsylvania Comment
do not contain significant forest resources. The FEIS now acknowledges the
value of floodplains as producers of forest products and associated resource Clarification and correction of the names and organizational structure
values (see Policy Actions for Policies I-B and 1-B.1, and Policy IV of Part of U.S. energy agencies is requested in Chapter 5 of the PCZMP.
II, Chapter 2 of the FEIS).
Response
Comment
Changes have been made in the FEIS.
There is no discussion on the effects of land use, especially agriculture
and strip mining in the Delaware Valley Watershed, on water quality and sedi- Comment
mentation. These activities are responsible for channel and harbor dredging
and for deterioration of the Delaware Estuary fisheries. These impacts should Licenses and certificates of the Federal Energy Regulatory Commission
be addressed in the policy framework. should be revised in Chapter 5 of the PCZMP.

Response Response

In the problems statement of Policy IX-B.1, the PCZMP acknowledges that Changes have been made in the FEIS.
runoff from agricultural land and animal feed lots is a source of water quality
degradation. The Soil Conservation Law, which is incorporated into the PCZMP, Comment
applies throughout the Commonwealth and provides for Conservation Districts which
may develop comprehensive plans and carry out measures to prevent and control soil Maps of the coastal zone boundaries are not sufficiently clear to determine
loss and enter into agreements with governmental agencies or landowners for the whether a property or activity is located within the management area. More
purpose of carrying on erosion control and prevention operations (see Appendix A detailed maps are recommended in the final PCZMP.
of the FEIS).
Response
While the PCZMP is concerned with the effect of activities outside the
coastal zone, there are reasonable limits to the extent to which the program Detailed maps of the coastal zone boundaries were published in the develop-
can address all such issues. The Commonwealth's Strip Mining Act is functioning ment of the PCZMP, and were distributed to all Federal agencies. These maps
to require reclamation of stripped lands of the upper Delaware watershed. In are omitted from the DEIS in an effort to reduce the volume and expense of the
addition, any Federal activities or activities which require a Federal license document. Detailed boundary maps are available for inspection by the public
or permit and which affect the Pennsylvania coastal zone must be consistent with during regular business hours at the Department of Environmental Resources, 3rd
the PCZMP.

VIII - 3 VIII - 4

* 0~~~~~

and Reilly Streets, Harrisburg, Pennsylvania; Delaware Valley Regional Planning Comment
Commission, 1819 JFK Boulevard, Philadelphia, Pennsylvania; Erie County Metro-
politan Planning Commission, Erie, Pennsylvania; and at the Office of Coastal It appears that consistency certification is required for Federal licenses
Zone Management, 3300 Whitehaven St., N.W. Washington, D.C. 20235. involving projects located outside of the Pennsylvania coastal zone that may
significantly affect the coastal zone. The PCZMP should define the conditions
These maps will not be printed in the FEIS in order to reduce its volume under which a project located outside of the Pennsylvania coastal zone may be
and expense. considered as significantly affecting the coastal zone.

Comment Response

No energy facilities other than petroleum refineries are identified as a Activities requiring Federal permits need only directly affect (emphasis
high priority use of development opportunity areas within the coastal zone. supplied) the coastal zone but not necessarily be within it in order to require
FERC recommends that the Commonwealth include other energy facilities such as that they be consistent with a Federally-approved State coastal program (see
oil and gas pipelines and liquified natural gas plants within these areas. Section 307(c)(3)(A) of the Coastal Zone Management Act and 15 CFR 930.53 of
Federal Consistency Regulations). The conditions under which a project
Response located outside the coastal zone may be considered as affecting the coastal
zone will be determined by the extent to which such activities conform to
The PCZMP now recognizes all phases of energy production and transfer the policies of the management program, with respect to their impacts on
as high priority activities in the Development Opportunity Area category of the coastal zone.
GAPC's. This is now reflected in Part II, Chapter 3 of the FEIS.
Comment
Comment
The Dam Safety and Encroachments Act and the Floodplain Management Act are
It is unclear whether the Commonwealth would require that applicants principal Commonwealth laws for regulatory aspects of the PCZMP. These two acts
obtain all necessary State permits before the PCZMP could determine (Federal) regulate all dams except those licensed pursuant to the Federal Power Act. The
consistency. FERC recommends that the Commonwealth not use this technique FERC issues non-Federal hydroelectric project licenses pursuant to the Federal
because it is unduly restrictive and time consuming. Power Act. What are other Commonwealth laws that may be used for consistency
certification on FERC licenses on non-Federal hydroelectric projects?
Response
Response
By securing State permits in advance of Federal permits, the consistency
certification required of the applicant will be facilitated, since the appli- Article 1, Section 27, of the Pennsylvania Constitution
cant will have had the benefit of working with the State and understanding what Pennsylvania Clean Streams Law
is required for the Commonwealth to concur with the consistency certification. Schuykill River Pollution/Siltation Law (on Schuykill River only)
Fish Laws of 1959
Comment
Comment
The statement on page 11-5-9, "If the Department of Environmental Resources
concurs with the certification, the Federal agency may proceed with normal proc- Hydroelectric power plants are not identified in the energy facility plan-
essing of the application," is incorrect. Section 307(c)(3)(A) of the CZMA ning process as energy facilities likely to locate in, or which may significantly
specifies only that no license shall be granted by the Federal agency until the affect the Pennsylvania coastal zone. Since it is the intent of the PCZMP that
State has concurred with the applicant's certification. In addition, according Federal licenses for hydroelectric projects be subject to consistency certifi-
to part 15 CFR 930.63(c), "Federal agencies should not delay processing appli- cation, a planning process for hydroelectric power plants should be presented in
cations pending receipt of a State agency's concurrence." PCZMP in accordance with the requirements of the Coastal Zone Management Act.

Response Response

The Federal permit review process will run concurrently with the State's A discussion has been added on hydroelectric generating facilities in the
consistency review. Upon receiving concurrence of consistency certification energy facility planning process (see Part II, Chapter 3). In addition, policy
from the DER, the Federal agency may then proceed to permit or license the VIII-1 has been changed to recognize the potential of hydroelectric power in the
activity. The PCZMP has been changed to reflect this (see Part II, Chapter 5 coastal zone.
of the FEIS).

VIII - 5 VIII - 6

Comment Comment
There are no maps showing the specific GAPC's. These would be a helpful
Two applications for potential hydroelectric development in the Delaware arein t o the DEIS.
Estuary coastal zone have been received by the FERC. The FERC offers infor-
mation and a staff contact for information concerning these plants. Response

Response All GAPC's are shown in maps of the Technical Record. These can be refer-
enced in the sane locations as the coastal boundary maps.
OCZM appreciates the information provided on these future hydroelectric
sites. Only one of these potential hydroelectric sites is within the coastal Comment
zone.
More attention should be given to the GAPC's which are overlap areas. These
Comment are areas which are most controversial, but the DEIS does not set priorities for
A number of editorial and technical comments related to the text of the overlap areas.
energy facility planning process are made. Response

Response Overlap areas have been nominated as GAPC's pursuant to 15 CFR 923.23,
Appropriate changes have been made in the FEIS. Other Areas of Particular Concern. In meeting the requirements of this
section of Program Approval Regulations, the Commonwealth is not required to
establish priorities of use for these areas. However, once an overlap area
is designated as a GAPC, the Commonwealth must indicate a reasonable timeframe
and procedures for developing and implementing appropriate management techniques,
Department o f the Army, Office of the Chief of Engineers and an agency (or agencies) capable of formulating and implementing the
(George F. Boone, 7/16/80) necessary management techniques (see Part II, Chapter 3 for nomination and
designation procedures).

Commnent
Consent
Dredging disposal activities are assigned as a high priority use in
PCZMP and Draft Environmental Impact Statement are generally acceptable. Development Opportunity Areas, contingent on obtaining a permit from the
Department of Environmental Resources and reclamation for other river
Response related uses. This is misleading in that dredged material disposal is a
No response necessary. necessary activity.

Comment Response
The PCZMP recognizes dredged material disposal as a necessary activity.
However, any disposal of dredged material will require a permit under the
greater detail and at a larger scale due to their importance. Clean Streams Law or Dam Safety and Encroachments Act, regardless of where it
is placed. By citing dredged material disposal as a high priority use of
Response Development Opportunity Areas, the Commonwealth is indicating its preference
� Boundary maps of a larger scale and greater detail were printed in the for locating dredged material disposal areas.
Technical Record during the development of the PCZMP and distributed to all
Federal agencies. These maps are omitted from the DEIS and FEIS in an effort
to reduce volume and expense. Detailed boundary maps are available for inspec- Use of the term "likely to affect" the coastal zone is not the appropriate
tion by the public during regular business hours at the Department of Environ- legal standard when referring to Federal licenses and permits which are subject
mental Resources, 3rd and Reilly Streets, Harrisburg, Pennsylvania; Delaware
Valley Regional Planning Commission, 1819 JFK Boulevard, Philadelphia, Pennsyl-
vania; Erie County Metropolitan Planning Commission, Erie, Pennsylvania; and
at the Office of Coastal Zone Management. 3300 Whitehaven St., N.W. Washington,
D.C. 20235.
VIII - 8
VIII - 7

Response Department of the Navy

The term has been changed to "affecting" in the FEIS. This is the appro- (W. B. Britt, 7/9/80)
priate legal standard pursuant to Section 307(C)(3)(a) of the CZMA.

Comment Comment

Specific statutory citations should be listed for Corps of Engineers per- The use of the words "direct" and "Significant" impacts is not in con-
mits subject to Federal consistency. There is no Corps permit for hazardous sonance with 15 CFR 930.33 (Federal consistency regulations). The phrase
substances. "directly affecting" would adequately cover what the PCZMP defines as "direct"
and "significant" impacts.
Response Response

The specific statutory citations for all Corps permits subject to Federal
consistency have been added. Reference to Corps permits for hazardous sub- P r u n o S c in35b()o h osa oeMngmn c n
consistance have been added. Reference to Corps permits for hazardous sub- 15 CFR 923.11 of Program Approval Regulations, states are required to identify
stances has been deleted.
land and water uses that will be subject to the terms of the management program.
Cosmment These uses shall be those with direct and significant impacts on coastal waters.
The legal standard for Federal activities subject to consistency with the PCZMP
The DEIS errs when it implies that only Department of Interior permits is the "directly affecting" test as determined by Federal agencies. These are
obtain consistency certification through the approval process for (OCS) oil two distinct requirements, and OCZM has determined that the PCZMP has adequately
and gas development plans. These plans may be detailed enough that the Corps identified those uses with direct and significant impacts on coastal waters as
could piggyback consistency certification of its permits on certifications subject to the management program.
of consistency for (OCS) oil and gas development plans. Comment

Response
The map of the Delaware Estuary coastal zone does not show the Philadelphia
The PCZMP did not mean to imply that only Department of Interior permits Naval Base as excluded Federal lands.
require consistency certification for (OCS) oil and gas activities. The PCZMP Response
will attempt to work with the Corps of Engineers to enable the applicants for
Corps permits associated with (OCS) oil and gas activities to certify consist- A generic statement is made in Part II. Chapter I of the FEIS that all
ency with the PCZMP at the same time that the Commonwealth is working with the Federal lands are excluded from the Pennsylvania coastal zone. Figure 1-3 has
Department of Interior on certification of consistency with (OCS) oil and gas been changed in the FEIS to reflect the exclusion of the entire Philadelphia
development plans. The PCZMP has been changed to reflect this (see Part II,
Chapter 5, Outer Continental Shelf Activities).

Comment

Discussion of port activities should be expanded to include maintenance U.S. Department of Commerce. Maritime Administration, Great Lakes Region
of existing navigation. This would be appropriately included as a national (Ronald J. Bodziony, 7/16/80)
interest consideration.

Response
Cormient
Need for maintenance of navigation channels to support port activities is The PCZMP appears to have a balanced approach to environmental, recrea-
discussed under policy II, Dredging and Spoil Disposal. Ports and Navigation tional, historical and economic development requirements. A basic philosophy
are identified as activities in the national interest (see Part II, Chapter 5). of encouraging economic growth while protecting and enhancing environmental
quality is prevalent throughout the plan.

Response

No response necessary.

- VIII - 10

Comment
Comment
The ports and industrial development policies incorporated into the PCZMP
Request correction in Maritime Administration contact for Eastern Region are stated in broad, general terms and give the impression of a "one-shot" study
as listed in Appendix C, and establishment of Maritime Administration contact that will accomplish them. These policies should result in a continuous ongoing
for the Great Lakes Region. effort.

Response Response

Although Appendix C is not reprinted in the FEIS, the recommended change The PCZMP considers enhancement of port and industrial facilities to be an
has been made for the record. In addition, the PCZMP has added the Great Lakes ongoing and continuous process. Changes have been made under the Policy Actions
Region of the Maritime Administration to its list of Federal contacts. for Policies VII-1 and VII-2 to indicate that port and water dependent industrial
development will be ongoing efforts of the PCZMP.
Comment

Membership on the State level Coastal Zone Advisory Committee (CZAC) is
heavily weighted with representatives of the DER. From a voting membership Environmental Protection Agency
standpoint, this could impede equitable resolution of conflicts in the coastal
zone. In addition, there is no indication of which Federal agencies will serve (John R. Pomponio, 7/21/80)
on the Committee or what their roles will be. The Committee also does not in-
clude any industry or port authority representation. MarAd recommends that
port authorities be involved on the CZAC or local steering committees or both, Comment
and that voting representation from DER be limited to one or two positions,
that other offices have an equal number of voting members on the CZAC, and Although the CZMP incorporates the requirements of the Clean Air Act and
that Federal agencies to be represented on the CZAC be identified. presents an air quality policy, it does not appear that the program has been
coordinated with other efforts to maintain or improve air quality in the coastal
Response zone. The CZMP does not discuss Air Quality Control Regions, the State Imple-
mentation Plan, or areas subject to prevention of significant deterioration
The CZAC is purely an advisory (non-voting) mechanism for assisting the regulations. We believe that these are important air quality issues that should
Coastal Zone Management Branch in providing State level program coordination. be addressed in the CZMP.
Since many of the program's authorities fall under the powers of DER, this
agency has many directly affected representatives, who therefore "sit" on the Response
committee. This committee is not designed to handle Federal coordination
mechanisms. These mechanisms are described under Federal Coordination activ- The PCZMP has been coordinated with the air quality program of the Common-
ities in Part II, Chapter 5 of the FEIS. Port authorities are represented on wealth through the statewide Coastal Zone Advisory Committee discussed in Part II,
the local steering committees, as outlined in the FEIS (see Part II, Chapter 5). Chapter 5 of the FEIS. This process will be continued throughout program imple-
In addition, the Pennsylvania Department of Commerce is a member of the CZAC. mentation. In addition, the PCZMP will monitor the applications for issuance of
air quality permits as they affect the coastal zone through the process described
Comment in Part II, Chapter 4, Program Monitoring and Evaluation. A discussion has been
added to the FEIS dealing with Air Quality Control Regions, the State Implementation
The types of individuals to be appointed as citizen representatives on the Plan and areas subject to prevention of significant deterioration regulations (see
local coastal zone steering committees are not specified. MarAd recommends that Problems Addressed, Policy IX-B.2).
these citizen representatives be a mix of business, agriculture, and environmental
oriented personnel. Comment

Response The CZMP does not discuss EPA's National Pollution Discharge Elimination System
(NPDES), or the Corps of Engineers (COE) Section 404 permit program. There should
The PCZMP agrees with the concept and intent of including a diverse mixture be some explanation of the relationship between these Federal permit activities and
of various citizen interests on the local steering committees, and language to the goals and permit requirements of the CZMP.
this effect has been incorporated into Part II, Chapter 5 (Local Coordination
Activities) of the FEIS.

VIII - 12
VIII - 11

Response
Comment
Explanations of the relationship between these two Federal programs, the
NPDES and the Section 404 program, have been included in the Policy Action It is not clear that the Hydraulic Dredging Policy is appropriate for all
sections of Policies IX-B.1, Water Quality, IV-1, Wetlands, and II-1, Dredging dredging situations. We are also concerned that hydraulic dredging may cause
and Spoil Disposal respectively. The requirements of the NPDES program are discharge problems at disposal sites.
incorporated into the PCZMP under the provisions of the Clean Streams Law.
This was delegated to the Commonwealth by U.S. EPA on June 30, 1978. Projects Response
affecting coastal wetlands are subject to State regulations pursuant to the
Dam Safety and Encroachments Act and Federal regulations pursuant to Section A revision to the Policy Action section of Policy 11-2 has been added
404 of the Federal Clean Water Act. This joint review will provide for which states, "Principally hydraulic dredging is recommended within the
additional protection of wetlands because the stronger provisions of each set Pennsylvania coastal zone because it allows less turbidity and silt movement
of regulations will apply. No Federal permit will be issued until all require- than does mechanical dredging." Increased sediment movement in Presque Isle
ments of the State permit are met. Consequently, any requirement for a wet- Bay or the Delaware Estuary is a highly undesirable event. Hydraulic dredging,
lands permit, which is stronger at the State level, must be met before a however, may not be used in all cases. Site location, availability of dredging
Federal permit is granted. options for dredged material disposal, biological resources which may be
adversely affected, and related economic factors will be used to determine
Comment the most suitable method of dredging."

It appears that the construction of dams of up to three feet high in Comment
streams 50 feet wide would not be regulated under the PCZMP. We believe that
the environmental impacts of this policy should be discussed. Although local plan coordination is discussed on page 11-5-25, no details
of this process are presented. We would like to know what topics were con-
In the discussion of culverts and bridges in regulations to the Dam jidered during this coordination procedure, what conflicts were identified,
Safety and Encroachments Act, it is not clear why culverts shorter than 100 and which conflicts remain unresolved.
feet are exempt from review, or why some can be designed for only 25-year
floods. Response

Response The topics that were discussed during local plan coordination are re-
flected in the scope of Chapter 2, Coastal Zone Policy Framework. Specific
The construction of dams up to three feet high in a stream not exceeding conflicts or problems are identified prior to each policy statement. Many
fifty feet in width, where such dam is constructed for the sole purpose of minor conflicts remain unsolved; however, all major conflicts, as determined
creating a pool for fish or fishing purposes or culverts shorter than 100 by State and local representatives, have been addressed in detail in the
feet do not require the issuance of a State permit. However, construction document, and the state has the necessary authorities to enforce the coastal
of these must adhere to the design standards specified in the Chapter 105 policies.
regulations (Appendix B of the FEIS). The environmental impacts of such dams
Include loss of stream habitat, barriers to anadromous fish such as salmonids Comment
in tributaries to Lake Erie and shad In tributaries to the Delaware Estuary.
siltation in the impounded water, loss of stream access sites and loss of Chapter 1-5, Intergovermusental/Public Coordination and Review, does not
fishing opportunities for anadromous fish. These impacts are identified In provide sufficient detail to assure consistency with existing Federal policy.
Part V of the FEIS, Environmental Consequences.
Response
Comment
Part II, Chapter 5 outlines general procedures to be used to determine
The Dredging and Spoil Disposal Policy (page 11-2-10) does not reference consistency of Federal actions with the policies and standards of the PUMP
either the COE's Section 404 permit program or EPA's guidelines and criteria pursuant to Section 307 of the Coastal Zone Management Act. The PCZMP incor-
for disposal site selection. porates the requirements of the Clean Air Act and Clean Water Act. The rela-
tionship of Section 404 of the Clean Water Act to the PCZMP has been discussed
Response in response to an earlier comment. The Program intends to coordinate its
activities with Federal agencies through the Great Lakes Basin Commission.
Disposal of dredged material will require review based on Section 404 of (See Part II, Chapter 5)
the Clean Water Act and the Dam Safety and Encroachments Act (if it is class-
ified as a water obstruction or encroachment) and/or the Clean Streams
Law. Policy Actions/Policy II-1 of the FEIS reflects this.

VIII - 13 VIII - 14

Comment Response
Policy I-A.1 (page 11-2-3), concerning bluff recession hazards, refers to There is no absolute prevention of bluff recession; bluff recession cannot
the "economic life' of structures. Does this correspond to the life spans listed be abated, it can only be retarded. The minimum distance as discussed in the
on page II-8-9? Why were these life spans selected? previous response is sufficient, based on State geotechnical investigation, to
protect property from the hazards of bluff recession during their economic life
Response span. Part V of the FEIS, Environmental Consequences, is expanded to discuss
the effect of this setback.
The reference made to "economic life" of structures in Policy I-A.1 corres-
sponds to the life spans listed in Bluff Recession and Setback Regulations Comment
contained in the FEIS.
It is not clear to us that this DEIS is consistent with the Council on
These life spans are based on economic analysis of a structure's life Environmental Quality's (CEQ) regulations for implementing the National Environ-
expectancy. Principally, the 50-year life expectancy of a residential struc- mental Policy Act (NEPA). Of particular concern to us is the treatment of
ture is based on two 25-year homeowner mortgages. The life expectancies of alternatives (CEQ Paragraph 1502.14) and the anaylsis of environmental impacts
commercial and industrial structures are greater due to the large capital (CEQ Paragraph 1502.16). These two sections should be the most important parts
expenditures for of an EIS, but they have not been emphasized in the DEIS for the proposed CZMP.
construction. We believe that this procedure has limited the usefulness of the EIS as a
decisionmaking document because it is difficult to compare the impacts of the
Comment project alternatives.

Why was 50 feet established as the minimum bluff setback distance? Response

Response OCZM disagrees that the DEIS on the PCZMP is inconsistent with CEQ reg-
ulations for implementing NEPA, especially with respect to the analysis of
A minimum of a 50' setback was established by using a recession rate of alternatives and enviroisental impacts. However, additional material has
one foot per year times the life span of a residential structure. Minimum been added to Part III to indicate how alternatives are considered in the
setbacks are 75' for commercial structures and 100' for light and heavy course of program development. The discussion on environmental impacts has
industrial structures. Where the data used in recession rate calculations been expanded to Include:
showed a rate of recession of less than one foot a year, other factors such
as high ground water levels, storm water run-off, and static pressure were
considered in calculating the setback distance. Where the annual recession less than 50 feet wide;
rate is greater than one foot, the rate is multiplied by the minimum setback
distance for the appropriate class of structure to determine the setback
distance. Based on PCZMP studies, the Commonwealth believes a 50' buffer
strip of undisturbed ground and vegetation will slow bluff recession where (3) the 50' minimum bluff setback.
that erosion could be caused by high ground water levels, sheet run-off, and
increased static pressure. A 50' buffer strip in areas where more factors
are causing bluff recession than mentioned previously will not be sufficient.
When more factors are present, higher rates of recession were observed and U.S. Department of the Interior
greater setback distances have been required by the Bluff Recession and
Setback Act.
Setback Act. ~~~~~~~~~~~~~~~~~~~~(Larry E. Meiertoro 7/21/80)

Comment
Comment
It is not clear that this minimum distance, or the setback formula, will The Department believes that the PCZKP is deficient in meeting key program
adequately control bluff erosion or protect property. The EIS should include
an analysis of this policy.
an analysis of this policy. ~~~~~~~~~~~~approval requirements which require that thle management program contain three
broad classes of policies related to resource protection, management of coastal
development, and simplification of government processes. In general, we find
that the coastal policies need considerable modification before decisionmakers

viii - 15 VIII - 16

or anyone proposing projects affecting the coastal zone can determine what land Comment
and water use activities will or will not be permitted. Program approval An important category of enforceable policies, those related to the manage-
regulations also require that the policies, standards, and procedures by which ent of coastal developent, Is lacking Of particular concern to the Department
program decisions will be made must provide (a) a clear understanding of the i s th e abs ence of enforceable program policies involving the coastal dependenc
content of the program, and (b) a clear sense of direction and predictability of large scale industrial, commercial, residential and institutional development.
content of the program, and (b) a clear sense of direction and predictability is the absence of enforceable program policies involving the coastal dependency
for decisionmakers who take actions pursuant to or consistent with the program. of large scale industrial, commercial, residential and institutional development.
for decisionmakers who take actions pursuant to or consistent with the program.
In particular, we consider the policies on dredge spoil disposal and wetlands Response
to be inadequate. For example, we believe it is not sufficient for Policy II-I Du to the nature of the shorelines - erodible bluffs for nearly the entire
to state that dredging and spoil disposal "will be regulated to protect against
obstruction to navigation, reductions in flood flow capacity, and damages to the length of Lake Erie shoreline and highly urbanized areas with some undeveloped
public interest, as well as minimize harmful impacts to fish and wildlife habitats." floodplains and wetlands along the Delaware Estuary - management of coastal
Does this mean that dredge spoil will be removed from floodplains, or that open e lodplain and t and fat vancern to enn Commnwe alth ontrolsd
water disposal will be prohibited? The policy needs specific criteria under which areas, floodplains, wetlands and natural value GAPC's. The Commnwealth controls
spoil disposal can take place. The Department believes that the policy on wetlands development in the first three areas by applying the regulatory provisions of the
needs similar revisions. For example, a policy should be provided which prohibits Bluff Recession and Encrachments Act, the Floodplain Management Act, andtrol the impacts of deveop ty
non-water-dependent fills in wetlands or shallow water. The PCZMP attempts to and Encroachments Act. The Commnwealth will control the impacts of development
address the deficiencies in these policies through the draft regulations on Dam i n natural valueof these rough the administration of air and water quality per-
Safety and Waterway Management. While these regulations contain some excellent mits. Control of these areas through performance standards meets the requirements
criteria, the Department finds that when they are used in combination with the
program policies, program predictability is not significantly enhanced. Comment

Response Although the Dredging and Spoil Disposal Policy section states that dredging
OCZM finds the PCZMP to contain the three broad classes of policies required is Important for the recovery of commercially valuable sand and gravel, the
is important for "the recovery of commercially valuable sand and gravel," the
OCZM finds the PCZMP to contain the three broad classes of policies required section is primarily'directed at spoil disposal rather than commercial recovery.
in 15 CFR 923.3(b)(2) and, in combination with administrative regulations, findssetoispmalydrt a spo sps rterta coer ovr
the policies to be sufficiently specific. Policies I-A.2, I-B, II-1, III-1, IV-,lopm
the policies to be sufficiently specific. Policies I-A.2, I-B, 11-1, 111-1, IV-1, The Department believes that a separate section on commercial recovery of offshore
sand and gravel is warranted. For completeness, onshore development should also
IX-B h g and - hIX-B.o are related to resouce protection; I-A.1, I-A.3, I-B, s v-1, be mentioned, although the Pennsylvania Surface Mining Conservation and Reclamation
VII-I through 3 and VIII-1 through 3 are related to management of coastal develop- Act adequately regulates the extraction of onshore aggregate minerals and subsequnt
ment; IX-C is related to simplification of government processes. Decisions with Act adequately regulates the extraction of onshore aggregate minerals and subsequent
rega;d to dredged material spoil disposal and the use of wetlands are based on a reclamation of mined areas, and there would appear to be little need for the PCZMP
regard to dredged material spoil disposal and the use of wetlands are based on a to further regulate these activities.
public benefits test applied by the Department of Environmental Resources (see
Sections 105.18, Projects Affecting Wetlands and 105.411, Criteria for Approval
of Discharges of Dredged or Fill Material, in Dam Safety and Encroachments Act Response
regulations, Appendix B of the FEIS.) Future actions with respect to disposal of The PCZMP has revised its Dredging and Spoil Disposal Policy (Policy I1-I)
dredged material or activities in wetlands can not be predicted with complete cer- to highlight the importance of recovery of commercially valuable sand and gravel
tainty until this balancing test has been applied. The Commonwealth does intend under the necessary State regulatory control provided by the Dam Safety and
to preserve and protect wetlands through regulation of filling, dredging, drain- Encroachments Act and Chapter 105 regulations (Appendix B). Onshore mining is
ing and other activities (see Policy tV-1). OCZM considers these regulationsd not a significant issue in either coastal area and, as the comment indicates,
to be sufficiently specific to meet the requirements of 15 CFR g23.3(b)(4) and it is adequately controlled by the Pennsylvania Surface Mining Conservation
923.11(b)(2) and not inconsistent with the Federal 404 permit requirements. it is adequateon Act and is not referenced in the FEIS
The policies cited by the Department do not mean that dredge spoil already C
in floodplains will be removed or that open water disposal will be prohibited.
However, open water disposal will be regulated. A balancing test will be applied We believe that the PCZMP does not deal with the many impacts of industrial
as provided in the Chapter 105 regulations. Proposed final Chapter 105 regulations users on Lake Erie. For example, in 1968, the Hammermill Paper Company's waste
require that an applicant for a wetlands permit provide sufficient information on injection well in Erie, Pennsylvania, blew out as a result of a tubing break
the need to locate in a wetland. and resultant casing corrosion. We believe that the Pennsylvania Coastal Zone
Management Program should include State policies and regulations on waste
injection wells, and should indicate the agency responsible for their adminis-
tration.

VIII - 17 VIl - 18

0� 0.

Response Certainly, those non-enforceable policies which support the efforts and
programs of other State agencies, such as the policy on historic preservation,
The PCZMP, under Policy IX-B.1 Water Quality, can regulate the impacts of can be given additional specificity in the Memoranda of Understanding. In that
industrial users on Lake Erie and the Delaware River Estuary through the Clean regard, we recommend that the policy on historic preservation might more force-
Streams Act of June 22, 1937, P.L. 1987, as amended, along with specific regu- fully urge the "adaptive reuse" of historic structure. However, we recommend
lations provided under DER regulations, Title 25, Chapter 97, Industrial Wastes. that mechanisms for incorporating these policies into local plans and ordinances
Waste injection wells are uncommon in either coastal zone, and there is no be thoroughly explored and be discussed in greater detail in the final program
evidence that failure to enforce industrial waste regulations resulted in the document.
blowout referenced in the comment.
Response
Comment
The Commonwealth intends to work with local governments to amend plans and
The Department also believes that PCZMP should contain a policy on endangered ordinances to implement the non-enforceable policies cited in the Comment. The
species since a Federally listed endangered species, the shortnose sturgeon, has PCZMP is including an appendix to its memorandum of understanding with the Penn-
been found as far north as Lambertville, New Jersey. Coastal development could sylvania Historical and Museum Commission which commits it to advise the Commission
jeopardize this species' existence. of all permit applications for projects received for evaluation of the impacts on
archaeologically and historically significant sites and structures within the
The Department provides the PCZMP with the following definition and policy coastal zones. This is also referenced under Policy Actions of Policy VI, Historic
as suggestions for incorporation: Preservation, in the FEIS.

Definition of Habitat for Endangered or Threatened Species Comment

- Areas in the coastal zone known to be the habitat of arLv fish, The Department has a number of concerns about the Dam Safety and Waterway
wildlife or vegetation identified as "threatened" or "endangered" Management regulations which apply to dredge and fill activities affecting wet-
on official Federal or State lists of endangered or threatened lands and waters of the State. First, we find these regulations difficult to
species are considered special areas. This definition also use and confusing. The distinctions among the various categories of regulated
includes a sufficient buffer area to insure continued survival activities and uses are not readily understood. For example, both Subchapters F
of the species. and J of the regulations relate to the discharge of fill material into regulated
waters, yet they contain two different sets of permit review criteria. To improve
Policy clarity and to provide greater specificity in the PCZMP, we recommend that policies
for each category of activity and use contained in the regulations (e.g. levee
Development that adversely impacts the habitat of endangered or construction, stream crossings, docks, wharves) be extracted from these regula-
threatened species is prohibited. tions and inserted into the policy section of the management document, with the
appropriate section(s) of the regulations cited.
Response
Res ponse
The PCZMP recognizes the importance of protecting endangered species.
Protection of endangered species is afforded by the program's policies on OCZM disagrees that the Dam Safety and Waterway Management Regulations are
wetlands protection (Policy IV). This fact is reflected in changes made to confusing. In the example cited, Subchapter F refers to fill used in the design
this policy which appear in Chapter 2 of the FEIS. Protection of endangered and construction of levees, floodwalls, etc. while Subchapter J refers to fill
species is implicit in implementation of the Clean Streams Law, which requires in the sense of disposal of dredged material. OCZM sees no need to expand the
the consideration of discharges on fish and wildlife habitat. number of policies to correspond to each category listed in the Chapter 105
regulations. Policies related to wetlands and dredging are already contained in
Comment the PCZMP. These are impact related policies, and would apply to the structures
covered in the Chapter 105 regulations. The existing policies and proposed final
The Department is also concerned about the effectiveness of the non- regulations (Appendix B) therefore provide sufficient information on uses subject
enforceable program policies, particularly since a substantial amount of regu- to the management program as required in 15 CFR 923.3(b), 923.11, and 923.41.
latory authority in the Delaware Estuary and Lake Erie coastal zones will be Although it is not necessary for program approval, the Commonwealth will consider
delegated to the local level. Policies related to wetlands protection (Policy adopting a table of contents at the beginning of the Chapter 105 regulations to
IV-1.1), geographic areas of particular concern (Policy V-Z), and port planning aid anyone using these regulations (see General Response pertaining to Chapter 105
(Policies VII-1 and VII-2), and energy facility siting (Policy VII-3 and VII-4), Regulations).
are examples of policies which the Commonwealth, acting through the Department
of Environmental Resources (DER), cannot enforce.

VIII - 19 VIII - 21

Comment Response

While the regulations contain some excellent criteria, no priorities are The Comment is correct that an applicant must not necessarily select a non-
provided, and the decisionmaker is subsequently left with a tremendous amount wetland site if available and feasible. However, in administering permits under
of discretionary authority. For example, Section 105.15 includes various types the Dam Safety and Encroachments Act, it is the policy of the Department of
of information which must be "considered" by the DER when reviewing permit Environmental Resources to encourage development that protects the natural con-
applications, but the regulations do not indicate how this information is to dition of the watercourse or other body of water (see 105.16(c) of propose4 final
be used or how much weight it will be given. We suggest that the nature of DER Dam Safety and Encroachments regulations in Appendix B). By definition, a body
"consideration" be more precisely defined and/or that the relative importance of water includes wetlands. In addition, the DER shall consider whether feasible
of the various review factors be indicated. alternative sites are available prior to the issuance of any wetlands permits
(see 105.18(b) of proposed final Dam Safety and Encroachments Act regulations).
Response These regulations also require permit applicants to provide sufficient information
on the need to locate a proposed activity in a wetland. This is considered to be
These are criteria used in applying the public benefits test to specific a water dependency test by the Commonwealth. The Commonwealth cannot prohibit a
permit applications. It would be impossible to predict the outcome of every non-water dependent use from occurring in a wetland, but does provide a balancing
permit application with complete certainty prior to an evaluation of the test in which public benefits are weighed. The factors used in this balancing
project, according to the criteria listed in 105.15 and 105.16. All factors test are sufficiently specific to meet program aproval requirements as outlined
for consideration will be given equal weight in the decisionmaking process. in 15 CFR 923.3(b), 923.11, and 923.41 (see General Response pertaining to Chapter
Legal and administrative appeal mechanisms, as described in Part II, Chapter 4 105 regulations).
of the FEIS, are available for any persons aggrieved by a decision of the
Department concerning a permit application. The Department will use an environ- Comment
mental assessment process and expertise of such agencies as the Pennsylvania
Game Commission and the Pennsylvania Fish Commission in the consideration of While the Department commends the State for its incorporation of a mitigation
permit applications and in weighing public benefits (see General Response per- requirement into the program, we believe this concept needs further development.
taining to Chapter 105 Regulations). We recommend that a conceptual definition of mitigation be provided in the PCZMP,
and that a discussion be included which more clearly indicates how the Commonwealth
Comment will implement this important program requirement. In this regard, we recommend
the following definition:
We believe that the regulations should clearly indicate that an applicant
is to select a least environmentally damaging, yet feasible, alternative to "Mitigation means (a) avoiding the impact altogether by not taking a
discharging into wetlands or other areas listed under Section 105.411, and certain action or parts of an action; (b) minimizing impacts by limit-
that the activity associated with the discharge should be water-dependent. ing the degree or magnitude of the action and its implementation;
The regulations in Subchapter J contain excellent criteria for protecting (c) rectifying the impact by repairing, rehabilitating, or restoring
natural resources from discharges of dredged or fill material unless the the impacted environment; (d) reducing or eliminating the impact over
applicant demonstrates and the DER finds a "public benefit" which outweighs time by preservation and maintenance operations during the life of
the damage to the affected resource(s). For the purposes of the regulations, the action, or if (a)-(d) cannot be achieved; (e) compensating for
a determination of "public benefit" (a discussion of which is included in the impact by replacing or providing substitute resources or environ-
Section 105.16 of the regulations) includes the consideration of alternative ments."
sites and designs, and provision for mitigation for all unavoidable adverse
impacts. However, "consideration of alternatives" does not necessarily mean The Department believes that the evaluation, consideration, and selection of a
that an applicant must select a non-wetland site if available and feasible. least environmentally damaging, yet feasible, alternative to avoid projected-
Where an activity associated with the discharge of dredged or fill material related resources losses is considered within the definition of mitigation.
does not require direct access or proximity to or siting with the water resource
in question in order to fulfill its basic purpose, we believe that the discharge Response
should be allowed only when, in addition to satisfying the other requirements
of the regulations, there is a demonstrated need for the activity from the Adoption of a definition for mitigation is not a requirement for program
standpoint of human health and safety. We believe that Section 105.18(b) of approval. However, the Commonwealth will consider the adoption of this
the regulations for activities affecting wetlands should be similarly revised definition prior to promulgation of final regulations to the Dam Safety and
to indicate that non-water-dependent fills without demonstration of public need Encroachments Act (see General Response pertaining to Chapter 105 regulations).
will be denied, notwithstanding the availability of a least damaging alternative.

VIII - 21 VIII - 22

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Comment
Comment

Comment It appears that two of the "key program regulations" described in Appendix
The Department is concerned about the limited references to wetlands in B are to be promulgated under existing statewide laws administered by agencies
the Dam Safety and En crachments At regulations. In this regard, we recommend other than the designated lead agency for the proposed program, the Coastal
tha t a more detailed discussion of the legal basis for regulating wetla mendvironmental Resources. If
Zone Management Branch of the Department of Environmental Resources. If
the PCZMP in general and the Dam Safety and Waterway Management Act in particular policy framework, then specific reference t he objectives of the coastal
be included in the final program document. We also suggest that the definitions policy framework, then specific referene to appropriate oastal policies as
of "encroachment" and "water obstruction" (Section 105.1 of the regulations) well as procedures for permit review by the Coastal Zone Management Branch
include specific reference to activities in or affecting wetlands. In this same should be included in the final version of the key program regulations. The
section, we suggest that the definition of "wetlands" make reference to wetlands inclusion of specifics on the lead agency in such regulations is essential
defined under the regulatory permit program of the Corps of Engineers. We further from the point of view of Federal consistency because Federal agencies are
suggest that the phrase "activities in or within 300 feet of arn wetland" be added obligated only to be consistent with the State's CZM program, but not with all
to the discussion of the scope of the regulations (Section 105.3). Since the the provisions in existing State laws which are applicable statewide. We
regulations provide for delegations of regulatory functions (Section 105.4), we believe that the proposed program will be greatly clarified if the role of
also request that the PCZMP clarify to what extent and to what level of government the designated lead agency for CZM is specifically described in the various
regulatory authority in wetland areas may be delegated. regulations to be utilized for future program implementation.

Response Response

The legal basis for regulating wetlands under the PCZMP in general and the the e three sets of 'key program regulations" found in Appendix B to
Dam Safety and Encroachments Act is as follows: (1) The Dam Safety and Encroach- the DEIS, two wil be promulgated by the Department f Environmental Resources.
ments Act is incorporated into the PCZMP pursuant to the Governor's Executive The Department of Community Affairs (DCA) promulgated the Floodplain Manage-
ment Regulations as they appeared in the DEIS on July 14, 1980. (For this
Order; (2) The Dam Safety and Encroachments Act and the implementing regulations ment Regulatiason they are not reprinted in the EIS) However, DER does have th
define a "body of water" as "any natural or artificial lake, pond, reservoir, reason they are not reprinted in the FEIS.) However, DER does have the
emarsh or wetlandd " (See explas nat i on of the Dam Safety and Encroachments Act authority to bring suit against any municipality not conforming to the provi-
marsh or wetland.' (See explanation of the Dam Safety and Encroachments Act sions of the Act. The DER, along with the DCA, will monitor local admini-
in Appendix A and Dam Safety and Encroachments Act regulations in Appendix B stration of floodplain regulations pursuant to Section 38.8 of Floodplain
of the FEIS.) There is no need to make reference to wetlands in the definitions Management Regulations (Appendix B of DEIS). Bluff Rec ion and Setback
of "encroachment" and "water obstruction." Both definitions refer to "body Management Regulations Appendix B of DEIS). Bluff Recession and Setback
of water," which is defined to include wetlands. There is also no need for regulations will be administered by the Office of Resources Management,
purposes of program approval to add the phrase "activities in or within 300 Coastal Zone Management Branch (DER). The procedures for State monitoring
purposes of program approal to add e of the scope of the regulations3 of ocal government administration of the Bluff Recession and Setback Act
feet of ay wetland" to the discussion of the scope of the and Encroachment s Act is subsumed are already included in the proposed regulations to that Act (see Part II,
This dimension of the s t ates, "All water obstructions and ncroachments Appendix B of the FEIS). The Dam Safety and Encroachment Act regulations
under 105.3(4), which states, "All water obstructions and encroachments will be administered by the Bureau of Dams and Waterway Management (DEs).
other than dams located in, along, across, or projecting into any watercourse, Procwill be administer re by the Bureau of Dams and Waterway Management Branch are de-
floodway or body of water, whether temporary or permanent" (see General scribedes in Part I Chapter 4. Whil e it awould be useful to have coastal
Response pertaining to Chapter 105 Regulations). With respect to the extent policies and procedures for permit review by the Coastal Zone Management
and level of government to which regulatory authority in wetland areas may Branch in the final version of key pogram regulations, it is not a require-
be delegated, Section 105.4 of the regulations to the Dam Safety and Encroach- mBnt pursuant to 15 CFR g23.41, g23.42(b), 23.44(b), and 23.46. Neerthe-
ments Act provides that the DER may delegate provisions of the 105 regulations t prothe-
to a county conservation district or other county agency. The regulations less, the Commonwealth will consider including these in the promulgation of
to a county conservation district or other county agency. The regulations the final Dam Safety and Encroachments Act regulations (see General Response
provide that when the Department delegates one or more of its regulatory the final Dam Safety and Encroachments Act regulations (see General Response
functions to a local agency, the Department shall in all cases retain the pertaining to Chapter 105 regulations).
concurrent power to inspect and monitor all categories of water obstructions
and encroachments, and to enforce the Dam Safety and Encroachments Act and
regulations. In addition, the Department retains the authority to disapprove
the issuance of any permit approval by the local delegated agency. Of majve the author concern to the Dall rthmsentuses which can be expected to have a
direct and significant impact on coastal waters. The discussion in the
PCZMP moves directly from definitions of "direct" and "significant impact"
to a list of those uses which are to be subject to the management program,

VIII - 24
VIII - 23

with no real explanation of the process which took place in between. As a Response
result, there does not appear to be any justification for the fact that the
PCZMP does not consider the impacts of residential, commercial and industrial As indicated in response to the previous Comment, OCZM has determined the
development. The only apparent reason for excluding these uses is that the scope of the PCZMP to meet the requirements set forth in 15 CFR 923.3 and 923.11.
State does not have the authority to control them. For example, according The Commonwealth has regulatory control over activities in erosion hazard areas,
to the Technical Record, the Lake Erie Coastal Zone (LECZ) will undergo a floodplains, wetlands, and for all activities subject to air and water quality
large population increase if the U.S. Steel plant and the Pennsylvania regulations throughout the coastal zone. It is not essential for local govern-
Electric Company's 690 megawatt electric generating plant are constructed as ments to play a legally enforceable role within the scope of the PCZMP. This was
proposed. The population in the western portion of the LECZ is expected to adequately explained in the DEIS.
increase by nearly 60% as a result of these proposed developments. Other
portions of the LECZ are also expected to experience large population Comment
increases, although not at the same level. Our point is that the LECZ will
experience significant developmental pressures from housing and commercial
and industrial development in the coastal zone, yet the State will not be program, the Department noted that improvement was needed in the energy facility
able to control or perhaps even influence the development. We would expect permitting process and the procedure through which facilities would be sited.
areas designated as Geographic Areas of Particular Concern (GAPC) now in This process was described by the Commonwealth on pages 3-22 of the preliminary
high quality farmland or wildlife habitat to be developed for housing, shop- draft program document as being "so complex and disjointed that it can result in
ping centers, and other uses that would be mere appropriately located outside unnecessary project delays." While Policy VIII-1 states that "coastal zone
the coastal zone. As the Technical Record points out, "...local governments management funds and expertise will be utilized in developing studies and siting
have largely unrestricted authority to make land use decisions, and the State procedures designed to improve the current site selection process," we do not
government is unable to exercise the regulatory powers required by Sections believe that the PCZMP as presently written either describes adequately the
306 of the Coastal Zone Management Act." From our review of the PCZMP, we existing process or provides sufficient assurance that the process will be
are convinced that the program does not yet contain this authority. If improved during program implementation.
so, then a key requirement of the Act cannot be met.
Response
Response The requirements of Section 305(b)(8) of the Coastal Zone Management Act
As explained in response to a similar comment, the PCZMP contains the and 15 CFR 923.13 of Program Aproval regulations have been met. The issue
three types of policies necessary for program approval - resource protection, raised in the Comment relates to administration of the energy facility siting
management of coastal development, and improved governmental decisionmaking. process. This is adequately summarized in Part II, Chapter 3 of the FEIS. To
The character of Pennsylvania's shorelines limits direct and significant provide greater detail of a process which the Commonwealth has indicated it
impacts to activities occurring in erosion hazard areas, floodplains, wet- wants to improve serves little purpose. Improvement of this process will be
lands, and those which impact air and water quality in the coastal zone. judged during the annual program reviews if the PCZMP receives approval.
The Lake Erie coastal area is characterized by highly erodible bluffs
along nearly the entire length of shoreline, while the Delaware Estuary is Comment
largely urbanized with some undeveloped floodplains and wetlands outside
the Philadelphia area. The Technical Record, cited in the Comment, is out- The PCZMP contains a list of "nominated" GAPC's which is supposed to provide
dated and will, except for its maps, not be used during program implemen- some indication of where energy facilities should (development opportunity areas)
tation. Consequently, the statement attributed to it regarding the neces- and should not (areas of significant natural, recreational, historic, Or cultural
sary regulatory authorities is incorrect. OCZM considers the scope of the value) be sited. However, from the discussion on page 11-3-33 of the DEIS, it is
program as required by 15 CFR 923.3 and 923.11 of Program Approval regula- not clear that these "nominations" are acceptable to local municipalities or that
tions to be adequate. even if they are, that local municipalities will act to incorporate these "nomin-
ations" into local law or zoning. In fact, since it is stated that the Coastal
Comment Zone Management Branch of DER "will work closely with local governments to identify
suitable sites for energy development," it is not clear that the present list of
We request that the PCZMP discuss in greater detail the relationship "nominated" GAPC's has any meaning whatsoever.
between the PCZMP and local land use planning, particularly how the program
relates to development activities not regulated by State permit. The Response
discussion should also list the specific land and water uses and activities
which are subject to the exclusive control of local governments. The list of "nominatedT GAPC's in Part II - Chapter 3 of the FEIS has been
developed jointly by the PCZMP and the local steering committees, and county and
regional planning agencies. It has also been reviewed and approved by the local

VIII - 25 VIII - 26

0 0

steering committees and the affected public. By nominating areas as GAPC's, and Atlantic City, New Jersey. Additional support bases for the Mid-Atlantic
the State has indicated its priorities for managing those areas. For GAPC's may be required, and sites in other East Coast citiesmay be utilized in the
designated by virtue of State regulation or State ownership, the Commonwealth future. It is, however, highly improbable that any support activity for
provides a basis for appropriate management policies andd use guiddelines as Mid-Atlantic operations will originate from the Gulf states.
stated in the PCZMP.
Response
Coimment OCZM agrees with this Comment, and appropriate changes have been made in
Regardless of the status of the GAPC procedure, the Commonwealth's pre- the FEIS to reflect accurate future OCS support base needs.
sent process for energy facility siting rests primarily on the actions of
the Public Utility Commission (PUC). We do not believe that the PCZMP de- Comment
scribes these procedures in sufficient detail to satisfy the CZM Program
Approval Regulations, nor is it clear that the PUC has been properly "net- Two categories of geographic areas of particular concern (GAPC's) have
worked" into the program. While the PCZMP indicates that the PUC conducts been included in the PCZMP: designated GAPC's and nominated GAPC's. GAPC's
evaluations and holds hearings (page 11-3-15), there is no evidence that the are designated on the basis of three criteria: State ownership, State
PUC has, for example, an assessment procedure "to evaluate, to the extent regulations, or contractual agreement with the agency or entity responsible
practicable, the costs and benefits of proposed and alternative sites in for management. Presumably, State agencies (other than DER) which own or
terms of State and national interests as well as local concerns." We believe regulate designated GAPC's are networked into the PCZMP through either the
that PUC procedures are particularly important since it does not appear that Executive Order or by Memorandum of Understanding (MOU), although neither
DER's formal involvement in the process (through the issuance of environmental one specifically mentions this subject. Further, it would appear that contrac-
permits) occurs early enough to provide for a proper assessment of alternatives. tual agreements would be negotiated only with non-State agencies, although
this also is not clear. Moreover, unless these contractual agreements were
As noted above, the Department has general concerns about the form of executed for substantial periods of time, there would seem to be no real
the Memoranda of Understanding being used to "network" State agencies into assurance that a designated GAPC would be managed in a manner consistent
the PCZMP, i.e. that the proposed form is too general to ensure full implemen- with the PCZMP for more than perhaps a year at a time.
tation of the management program. With regard to the PUC, there is the
additional concern that there is no proper citation or description of the What is most confusing, however, is the actual definition of designated
enabling legislation under which the PUC operates nor any indication that GAPC's as "those areas which receive coastal zone management funds to further
this is one of the authorities to be "networked." the objectives of the program." While we have no objection to the use of
coastal zone management funds for the management GAPC's, we do believe that
Response the definition as presently written is misleading, since it would appear to
require continuing expenditures of CZM funds to maintain a designated status.
The PUC considers alternatives to the siting of energy facilities under We request that these points be clarified in the final program document.
its authority to certify the need for public utilities. This is done during
the public hearing process. This has been added to the Energy Facility Response
Planning Process (Part II, Chapter 3 of the FEIS). This is sufficient for
the purpose of program approval pursuant to 15 CFR 923.43 because regulatory The intent of designated GAPC's is to provide a basis for appropriate
siting authority for construction and operation of energy facilities rests management policies and use guidelines as stated in the PCZMP. Use priorities
with the DER through enforceable policy VIII-I. Alternatives are also considered have been established by the legislative authorization under which State owner-
in the permitting process of the DER through the public hearing process (see ship or State regulation is established, and by the PCZMP for areas designated
Part 11, Chapter 3 of the FEIS). Citation of the PUC authority usea to through contractual agreement with the local agency responsible for management.
consider alternatives has been included in Part II, Chapter 3 of the FEIS. For all GAPC's which are not subject to State regulation or under State owner-
ship to maintain a designated status, continuing expenditures of coastal manage-
Comment ment funds will be necessary. This is clarified in Part II, Chapter 3 of the
FEIS.
We believe that two additional points require correction. On page II-
3-24, the document states that "It is likely that prospective Outer Continental Comment
Shelf oil and gas development support base needs, initially and perhaps in
the long run, will be provided by Gulf state bases." Currently, all Mid- In addition to the designated GAPC's, a number of areas have been nominated
Atlantic OCS activity is being supported out of both Davisville, Rhode Island as candidates for future designation. These areas fall into four classes: areas
of significant natural value, development opportunity areas, areas of significant

VIII - 27 VIII - 28

believe that the 22,765 acre figure for Areas of Significant Natural Value is
recreational, historic, or cultural value, and overlap areas (i.e. those areas misleading. Of the 22,765 acres, only 365 acres is in natural habitat, while
which have characteristics of more than one of the first three). Suggested the remainder (22,400 acres) is farmland. We suggest that farmland be separated
(but not binding) use priorities have been identified for the first three from natural areas and placed in another, or new category. Of the 30,969 acres
classes of nominated GAPC's. Since the nomination of these GAPC's would listed in the LECZ, 72% is farmland, 8% is listed as a Development Opportunity
seem to indicate that they merit special concern and attention, and since Area and only 1% exists as natural habit at.
the PCZMP is apparently relying on coastal municipalities to provide the
necessary management tools, we suggest that the final program include a For the Delaware Estuary Coastal Zone (DEC), the acreages for the four
discussion of the incentives that will be offered to (and the benefits that GAPC types are as follows: Development Opportunity Areas (5196 acres),
would be realized from) local government participation and ooperat ion. We Areas of Significant Natural Value (323 acres), Areas of Significant Recrea-
also request that the final document include a discussion of what means, if tional, Historic or Cultural Value (4,329 acres), and Overlap Areas (1,374i
any, the Commonwealth will use to protect or manage these areas in the absence acres). For the DECZ, 46% of the land is listed as Development Opportunity
of local action.
of local action. Areas, while only 2% is listed as Areas of Significant Natural Value.

Response If the State insists that a greater percentage of the DECZ should be
developed because it is already highly developed, then we would think that
The incentives offered for local participation and cooperation for nomi- developed because it is eady tively developed, would proceed far
aThed GAP'sar fnacia. orexmpeby greig o ondctanecnoicdevelopment in the LECZ, which is relatively undeveloped, would proceed far
nated GAPC's are financial. For example, by agreeing to conduct an economic more cautiously. Unfortunately, this does not appear to be the case. The
feasibility project in a GAPC nominated for its development opportunity, percentage of land designated as Areas of Significant Natural Value in the
other Federal and State agencies capable of providing increased funds for LECZ is even less than in the DECZ. Furthermore, as we have already pointed
economic development will be more likely to invest public funds if the study out, State planners anticipate future large scale evelopment n the ECZ
conducted with coastal funds is shown to be feasible. A similar case can be yet are unable to re ulate the growth.
made for GAPC's nominated for their natural value or for their recreational,
cultural, or historic value. This is explained under Policy Actions, Policy Response
V-2, Geographic Areas of Particular Concern, in the FEIS. The Commonwealth Response
will protect these areas through the regulation of activities which affect The Commonwealth has clearly indicated that most of the GAPC's nominated
air and water quality. for their natural value are composed of farmland. Therefore, OCZM sees no
reason for adding an additional category of GAPC's. In reality, 21,000 acres
(not 22,400) is farmland.
It is not clear to us whether the list of 65 areas on pages 11-3-9 through The percentage of land nominated as Areas of Significant Natural value is
11311 includes both designated and nominated GAPC's o r only the latter,nd less in the Lake Erie Coastal Zone than in the Delaware only if farmland acreage
since a State park (Presque Isle State Park), several "access areas," and is not considered. As pointed out in earlier comments, the Commonwealth is
several bluffs ar e included. We believe that it would be useful to include concerned with industrial, residential, and c d
the names and approximate acreages of designated areas, if this has not hazard areas, floodplains. wetlands, Natural Value GAPC's and Recreational,
been done, or to distinguish between the two categories if both are included - Cultural and Historic GAPC's. The Commonwealth can regulate development in the
in the list. If the State park land, access areas, etc. included in the areas identified which are subject to State regulation and control impacts of
list represent proposed additions to present holding, we suggest that this development through the issuance of air and water permits in these types of
nominated GAPC's.
Response Comment

The list of GAPC's includes both designated and nominated GAPC's. Those Conversations between the Department's Fish and Wildlife Service and the
that are designated by virtue of State regulation or ownership are identified State indicate that the reason for designating such a large portion of the
in the FEIS. DECZ as Development Opportunity Areas was that the Delaware portion is already
heavily developed. However, in the next few years, four sewage treatment
Comment plants in the Philadelphia area and one in Camden, New Jersey, will be up-
upgraded at a cost of over $1.4 billion to improve treatment facilities.
According to the PCZMP, the Lake Erie Coastal Zone (LECZ) is divided into upgradevelopment a cost of over t ubstantially enhance water quality in the
four types of GAPC's: Development Opportunity Areas (2,650 acres), Areas of Delaware River, and we expect the aquatic ecosystem to respond accordingly;
Significant Natural Value (22,765 acres), Areas of Significant Recreational,
Historic or Cultural Value (4,329 acres) and Overlap Areas (1,225 acres). We

VIII - 30
VIII - 29

but unless the program provides for a more balanced use of the coastal zone, In this section, the Statewide Comprehensive Outdoor Recreation Plan is
these gains will benefit only aquatic organisms. Without improved access to referenced suitably in terms of Commonwealth policy, but it would be useful
the river and a prohibition against nonwater-dependent fills in shallow to have similar appropriate references to the Statewide Historic Preservation
water, public use of the resource will remain at the same low level. Plan. In addition, the specifics of urban waterfront revitalization might
be addressed insofar as there is evidence of increasing public and govern-
Response mental concern and involvement in this particular area. It would also be
useful to highlight the Commonwealth's commitment to the three areas of
OCZM considers the Pennsylvania program to provide a reasonable balance islands, rivers, and trails as resources which could impact the coastal zone
between resource use and protection. A major thrust of the PCZMP will be to- programmatically; their particular place in a comprehensive statewide resource
ward improving the access to the Delaware River. In fact, the program has vision for the long range should be made clear, and acceptable initiatives
already responded to the need for improved access by conducting four studies for fostering and nurturing desirable future objectives might be discussed.
designed to determine the feasibility of improving access along Lake Erie Similarly, the relationship of the utilization of these resources to the
and the Delaware River. The PCZMP expects to be able to implement its finding general coastal zone management program could be delineated. The implications
for such studies by use of funds from the Department of Interior's Land and of the Environmental Protection Agency's Clean Waters Program could also be
Water Conservation Program and Urban Park and Recreation Recovery Program. explored.

In addition, State action on proposed non-water-dependent fills will depend Response
on the outcome of balancing tests which the Commonwealth would apply to any
such proposed activity (see the FEIS, Appendix B, Dam Safety and Encroachments The section of the PCZMP referenced in this comment deals with Shorefront
Act regulations, Section 105.16 and 105.18). Access. Reference to the Statewide Historic Preservation Plan would not apply
to provisions of this section. However, reference to it is now made in Part
Comment II, Chapter 2, Policy Actions/Policy VI of the FEIS.

The PCZMP lists several specific areas in both coastal zones which meet The PCZMP acknowledges the importance of the urban waterfront through
the criteria provided in the program document (page 11-3-13) for Areas for its policies on recreational and fishing access, historic preservation and
Preservation or Restoration (APR's). However, it is not clear whether these port development, and air and water quality (see Part II, Chapter 2).
areas have been either nominated or designated. We suggest that the PCZMP
clarify the status of these areas, and indicate what specific actions will be The Commonwealth's commitment to islands is already highlighted through
taken to designate APR's during the first year of program implementation. its GAPC process. Four islands on the Delaware have been nominated as GAPC's.
We also request that the PCZMP rectify the apparent inconsistency between a The Commonwealth's Scenic Rivers and Trails Program will not significantly
reference in the text to three criteria for APR designation and the fact that affect the Commonwealth's coastal zones. However, the PCZMP is closely
only two "conditions" are listed (page 11-3-13). coordinated with the Pennsylvania Trails Program, funded through a grant
under the Heritage Conservation and Recreation Service. Any opportunities
Response for coastal access that can be provided through the trails or rivers program
will be coordinated through the PCZMP. This is noted in Policy Action for
All areas presently designated as GAPC's are also designated as APR's. Policy V-I of the FEIS.
This has been clarified in the FEIS. The reference to criteria for APR desig-
nation has been deleted. Implications of EPA's Clean Waters Program (the PCZMP has adopted the
requirements of the Federal Clean Water Act) are that more persons will demand
Comment access to the Delaware River for recreation. This would be especially true for
fishing access as native fisheries become re-established. This reinforces the
Policies, programs and techniques for improving access and for shorefront need for the management program which has policies designed to insure access
protection are considered on pages 11-3-36 through 11-3-49. The question of to coastal waters.
shorefront access is addressed appropriately with the realization that public
access for recreation is one of a number of competing and compatible uses for Comment
the water resource. It is recognized that the present economic and energy
situations will induce a revaluation and rethinking of traditional and accepted The Executive Order and the standard terms of the MOU's are presented in
vacation and recreation modes, and that intensive close-to-home opportunities draft form in Appendix A, and are to be executed prior to program approval.
will become not merely desirable, but virtually imperative. According to the PCZMP, the Executive Order has both legally enforceable and
administratively enforceable aspects. It is not clear to us whether this means

VIII - 31 VIII - 32

.imply that the Executive Order is legally enforceable only where it applies status of the Pennsylvania Game Commission, which is listed in Appendix C as
to the program's enforceable policies, or that the Executive Order is not an agency which will "participate" in the program, but whose role is not
binding on independent boards and commissions as the program summary seems elsewhere explained. We request that these questions be addressed in the
to imply, or that some other meaning is intended. In addition, the specific final program document.
requirements of both the Executive Order and the MOU's are conditioned by
the phrase "to the maximum extent permitted by law." We request that the Response
final document discuss under what conditions State agencies could not be
consistent with management program under existing or future law. For the Stormwater Management Act to be enforceable, regulations must be
developed and adopted by the legislature, county stormwater plans must be devel-
oped, and municipal ordinances passed to incorporate provisions of the county
plans. This process is expected to take three to four years. It is now listed
The Executive Order is legally enforceable for all enforceable coastal under non-regulatory authorities in Part 11, Chapter 4 of the FEIS.
policies. However, since the DER is responsible for enforcing all of these
policies, the significance of the Executive Order is not as great as if DER The Game Commission sits on the Coastal Zone Advisory Committee to coordi-
lacked this enforcement capability. The Executive Order is administratively nate its activities with the PCZMP (see Part II, Chapter 5 of the FEIS). The
enforceable for all non-enforceable coastal policies on executive agencies. Commission is subject to all enforceable policies of the PCZMP. However, there
The Memoranda of Understanding are not required for program approval since are no State Game Lands in either coastal zone.
all enforceable policies are carried out by the DER.
Comment
The phrase "to the maximum extent permitted by law" is included in the
Executive Order and the memoranda of understanding to provide for any even- Although all of the authorities networked into the PCZMP are State statutes,
tuality in which any future law would exempt an agency from being consistent the administration of at least two of these, the Floodplain Management Act and
with the PCZMP. Such a change would be reviewed under Subpart I of the CZMA the Bluff Recession and Setback Act, will take place at the local level. We
Program Approval Regulations, 15 CFR 923, to determine the need to amend the request that the final program document discuss which municipalities are or
PCZMP. At this time, however, DCZM knows of no agency which has been deter- may be affected by these laws, as well as provide details of (including
mined to be exempt from compliance with the policies of the PCZMP. Any such timetables for) local compliance. In at least one other instance, under the
change would precipitate a review of the PCZMP for continued approvability. Dam Safety and Encroachments Act, DER may delegate permitting authority to
the local level. We believe that the PCZMP should include some discussion
of DER's plans for making such delegations, as well as the impact they may
Comment have. For example, where DER delegates permitting authority in wetlands,
Since only the standard terms of the Memoranda of Understanding are p-e- will local ordinances and plans be updated and revised to be consistent with
sented in the program document, it is difficult to gain a complete sense of PCZMP enforceable and non-enforceable policies? How will existing local
how the PCZMP will be implemented. We trust that the full texts of these wetland ordinances and/or comprehensive plans be integrated into the permit
memoranda will answer some of the questions which are raised elsewhere in process? What mechanisms will be used by DER to monitor and evaluate local
administration? We also request that the final program document identify
and discuss any other relevant authorities which have been or may be delegated
to the local level for purposes of administration.
Response
The full text of the MOU's between by the DER, Fish Commission, Historic Response
and Museum Commission, and Public Utility Comnission, appear in the FEIS.
However, they are not required for purpose of program approval since all The Floodplain Management Act applies to each municipality which has been
enforceable policies can be enforced by the DER. They will be used to enhance notified by the Federal Emergency Management Agency that it has been identified
the program's non-enforceable policies and bring focus to the Program. as having an area or areas which are subject to flooding. According to State
law, each of these municipalities shall participate in the National Flood
Insurance Program. Municipalities are defined as "a city, borough, town or
Coemmnent township or arty similar general purpose unit of government or county or
With regard to the laws and agencies included in the PCZMP, two questions other governmental unit when acting as an agent thereof, or any combination
have arisen. We assume that the Stormwater Management Act was inadvertently thereof acting jointly.
omitted from the list on page 11-4-5, since it is cited in the section on pro-
gram policies and described in Appendix A. However, we are uncertain about the All municiparities in Pennsylvania's coastal zones have been notified
that they are subject to flooding. Pursuant to Section 201 of the Pennsylvania
Floodplain Management Act, all municipalities subject to flooding and not

VIII - 33 VIII - 34
VIII - 33

0�I

participating in the National Flood Insurance Program at the time the Act Comment
became effective shall fully comply with the requirements for participation
within six months of October 4, 1978 (effective date of the Act), or six The PCZMP mentions that OCS exploration, development and production activ-
months from the date of notification by the Federal Emergency Management ities will be subject to consistency procedures. However, the list following
Agency that it has been identified as having an area or areas subject to paragraph 3 contains only Federal activities subject to Section 307(c)(1).
flooding, whichever is first. At this time, all municipalities within the Since OCS activities are addressed separately on page 11-5-11, we suggest that
coastal zone are participating in the National Flood Insurance Program. the reference to such activities be deleted from here in order to eliminate
confusion.
Within six months following designation of an area and municipality
subject to bluff recession hazards, each designated municipality must comply Response
with provisions of the Bluff Recession and Setback Act. The only municipali-
ties subject to the provisions of this Act are the eight townships bordering The listing attempts to identify all Federal activities, licenses and
the shores of Lake Erie, exclusive of the City of Erie (Erie has no erosion permits, and Federal assistance that will be subject to Federal consistency.
hazard areas). Designation of the bluff recession hazard areas for all OCS activities subject to 307(c)(3)(B), Federally licensed and permitted
municipalities is scheduled for September 16, 1980. The Commonwealth will activities described in detail in OCS plans, have been added to the listing.
enforce the erosion hazard setback until compliance by local governments is
achieved. This information has been added to Part II, Chapter 4, Program Comment
Monitoring and Evaluation in the FEIS.
In paragraph 4 on page II-5-9, we believe the fifth sentence should be
Under the Dam Safety and Encroachments Act, the DER may delegate to a changed to read, "The Secretary of Commerce shall then determine whether the
county conservation district or other county agency one or more of its regula- activity is consistent with the objectives of the Coastal Zone Management Act,
tory functions (see Appendix B, Dam Safety and Encroachments Act Regulations, or is necessary in the interest of national security" (emphasis added). We
Section 105.4). Whenever the Department delegates one or more of its regula- also suggest that the following sentence be changed to read, "If the Secretary
tory functions to a local agency, the Department retains the power to inspect finds that the proposal meets either of these requirements, the Federal Agency
and monitor all categories of water obstructions and encroachments and to may approve the activity" (emphasis added), so that it is consistent with
enforce the Dam Safety and Encroachments Act and regulations. In addition, 15 CFR 930.131.
the Department retains the authority to disapprove the issuance of any permit
approved by its local delegated agency. Response

Comment These changes have been made in the FEIS.

The Department is also concerned about the processes that are available Comment
to resolve conflicts resulting from local administration of the above-cited
statutes. The PCZMP describes a judicial process which can be used where the We request that the second sentence in paragraph 2 on page 11-5-11 be
State finds that locally administered programs are not being implemented con- changed to, "The applicant submitting an OCS exploration or development/
sistent with PCZMP policies and regulations. Since this process tends to be production plan to the U.S. DOI..." and that in the following sentence "privi-
both time-consuming and costly, we recommend that other enforceable adminis- leged information" be changed to "proprietary information."
trative mechanisms for relief be produced.
The Department also believes that paragraph 3 on page II-5-II, should be
Response expanded to include the specific provisions of 15 CFR 930.79. For example,
if consistency concurrence is not provided within three months, the State
While enforceable administrative mechanisms for relief are desirable, must notify the DOI, the permit applicant, and the Assistant Administrator
they are not required. The judicial process is acceptable as a means of con- of the status of consistency review. State concurrence may be conclusively
flict resolution as stated in 15 CFR 923.42(c). This process will be used in presumed in the absence of this status report.
the administration of the Bluff Recession and Setback Act (see Subchapter D
of Bluff Recession and Setback Act Regulations, Appendix B of the FEIS) and Response
the Floodplain Management Act (see Section 38.8 of Floodplain Management Act
Regulations, Appendix B of the DEIS). The suggested changes have been made.

For local administration of the Dam Safety and Encroachments Act, any
permit shall be subject to review by the DER and may be disapproved by the
DER.

VIII - 35 VIII - 36

Comment Comment

The PCZMP indicates that the Lake Erie and Delaware Estuary Steering Com- The subject document exhibits a reasonably thorough consideration of
mittees will be reviewing "State level CZM activities with respect to consis- Pennsylvania's two coastal zone areas: the Delaware River estuary at the
tency with local goals and actions." We request that this function be clari- eastern end of the Commonwealth and the Lake Erie shoreline at the western
fled, since it is not clear who has to be consistent with whom. What would end. While the Lake Erie shoreline is characterized as largely rural, the
happen, for example, where State coastal policies conflict with local goals Delaware River estuary is generally urbanized on the Pennsylvania side of
and action? We also request that the role of these committees with regard the river; this is in marked contrast to the more undeveloped New Jersey
to the coordination of consistency reviews with the State and involvement in coastal area on the opposite shore. It may be useful also to point out that
the conflict resolution process be discussed in greater detail. the City of Erie is the principal settlement in the Lake Erie coastal zone
of Pennslyvania, with Buffalo-Niagara Falls in New York and Cleveland in
Response Ohio as the major neighboring shoreline cities. These two situations - the
relatively undeveloped New Jersey shore of the Delaware River estuary, and
The PCZMP will coordinate its activities with its local steering commit- two of the larger cities in the Great Lakes conurbation - need to be considered
tees to coordinate its actions with local goals. The role of the local in any comprehensive overview and can illuminate the features sketched in
steering committee has been changed from "consistency" to "coordination" in the descriptive part of the document. It is clear that the Delaware River
Part II, Chapter 5 of the FEIS. This applies to funding of special projects, is a working river, and that any management plan must be acutely sensitive
but does not apply to State regulatory authority or activities. In the in balancing the numerous and occasionally conflicting legitimate claims to
instance where State coastal policies conflict with local goals, State policies the use of the resource. This is why the context stressed above is of key
would prevail if the policy in question is enforceable; if the policy is significance, for the New Jersey and the State of Delaware portions of the
non-enforceable, the State would negotiate a resolution with the local estuary must figure in any total management plan for the whole resource. A
governments through the conflict resolution process described in Part II, similar contextual view of the Lake Erie shoreline would appear to be useful.
Chapter 4 of the FEIS. For the purpose of implementing Federal consistency, In this regard, the roles of the Delaware River Basin Commission and the
the Coastal Zone Management Branch of the DER is the single State agency Great Lakes Commission should be further discussed. In particular, agreements
that will make consistency determinations. arrived at by the Commission may have substantial impact on the success of
environmental impact mitigation measures, and consequently need mentioning.
Comment
Response
Section 307(f) of the CZMA requires states to incorporate into their
management program requirements of the Clean Water Act and the Clean Air The PCZMP is fully aware of the character and interstate dimensions of
Act, as amended. The PCZMP indicates that through State law the program both its coastal areas, as indicated in Part II, Chapter 1 of the FEIS and
"will incorporate these requirements," and that "any action or proposal Part IV, Affected Environment.
which would violate State air and/or water quality laws and regulations is
considered inconsistent with the PCZMP" (page 11-5-13). The Section 404(b)(1) The roles of the Delaware River Basin Commission and the Great Lakes
environmental guidelines for the discharge of dredged and fill material into Commission have been discussed in Part II, Chapter 5 of the FEIS.
waters of the U.S. are also standards applicable to the PCZMP. We suggest
that the PCZMP indicate how these standards have been incorporated into the Comment
management program, and whether actions which violate these guidelines would
also be considered inconsistent with the PCZMP. We also believe that the DEIS should give some consideration to the inter-
state impacts of approving the Pennsylvania program. This is particularly
Response important in DECZ because all of the neighboring states have fully developed
management programs. We would like to know, for example, if there are expected
Projects affecting coastal wetlands will be subject to the review of both to be any major changes in the development of the individual states' coastal
State regulations pursuant to the Dam Safety and Encroachments Act and Federal zones as a result of policies which may be more restrictive in one state
regulations pursuant to Section 404 of the Federal Clean Water Act. This than in another.
joint review will provide additional protection to wetlands because the
stronger provisions of each set of regulations will apply. For example, Response
under the Commonwealth regulations, no permit will be granted for water ob-
structions and encroachments that are in or otherwise affect important The most relevant policies for comparison of the New Jersey, Delaware,
coastal wetlands unless the applicant demonstrates and the Department con- and Pennsylvania coastal zone programs are those related to the location of
cludes that the public benefits of the project outweigh the damage to the heavy industry in the coastal zone. The Pennsylvania program and the New
wetland resource, and that the project is necessary to realize public benefits.
This provision is not included in the 404 regulations.

VIII - 37 VIII - 3B

Jersey Program above the Delaware Memorial Bridge encourage the location of Page lI-C-5, List of Federal Contacts. The name of Norman Beamer is shown
such use of the coastal zone, provided certain performance standards of for the USGS. Please change the name to David E. Click.
State regulatory authorities are met. The Delaware program, and the New
Jersey Probram below the Delaware Memorial Bridge, however, restrict heavy Response
industry in the coastal zone. This may have the effect of increasing heavy
industry development pressure in part of New Jersey and in Pennsylvania. cagn h aeo h eateto neircnat
industrydevelopent presure inpart ofNew Jerey and n Pennslvania.The correction has been made by deleting the term "aquifer recharge" and
OCZM believes these policies of the three states are therefore, consistent, changing the name of the Department of Interior contact.
and reflect the relative importance of the resources.

Comment

Additionally, the DEIS does not evaluate potential environmental impacts
on anadromous fish and waterfowl along the Pennsylvania portion of the Delaware
Estuary resulting from future port and industrial development activities. An
analysis of these impacts should be included in the FEIS. Whereas, the PCZMP
states water quality has deteriorated, water quality improvement goals, e.g. in
relation to fisheries, should also be further clarified and a timetable for the
attainment of these goals should be calculated for inclusion in the FEIS.

Response
Any development activities will be required to meet the performance stan-
dards of the various laws incorporated into the PCZMP, including the water
quality standards of the Clean Streams Law. This should have a beneficial
impact on Delaware Estuary fisheries and waterfowl. A timetable for attain-
ment of fisheries goals will be developed during program implementation in
Conjunction with the Pennsylvania Fish Commission's work to develop a fisheries
management plan for the Delaware Estuary.

Comment
At a July 8, 1980, meeting with OCZM and the State concerning the PCZMP,
a representative from the State of Pennsylvania indicated that the State
intends to use the Pennsylvania Technical Record as a supplement to the
PCZMP and as further guidance to local governments. As you know, the Depart-
ment commented extensively on this document in a letter to the Commonwealth
dated September 17, 1g9g. If information contained in this document which
does not appear in the draft PCZMP is to be used during program implementation,
then we suggest that information be referenced and, where applicable, rein-
serted into the PCZMP.

Response
Except for the maps of the coastal boundary and location of designated and
nominated GAPC's, the Technical Record, cited in the Comment, is outdated and
will not be used as a basis for program implementation.

Comment
Page 11-1-8, Wetlands. It is stated here that wetlands provide ground water
(aquifer) recharge. This statement is basically incorrect since wetlands are
generally ground water discharge areas or standing water reflecting the level of
adjacent ground water.

VIII - 39 VIll 40

0~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~II-4

Comment

STATE AND LOCAL AGENCY AND INTEREST GROUP COMMENTS There should be a clear statement of reasonable policy providing for
industrial development activity, including heavy industry, with a readily
identifiable means of implementing said policy.

Pennsylvania Department of Commerce Response
(Geoffrey Stengel, Jr., 7/16/80) The PCZMP takes an integrated view of economic activities. Industrial
concerns are addressed in the program's economic support policies, which are:
Policies VII-l, VII-2, VII-3 (a new policy which appears in the FEIS), VIII-1,
VIII-2, VIII-3. Industrial activities are also supported through the program's
Comment policies on Permit Improvement IX-C, Intergovernmental Coordination IX-A, and
"Choices for Pennsylvania" IX-D (a new policy which appears in the FEIS).
The Pennsylvania Department of Commerce has actively participated over There is no need to address each individual industrial activity in a coastal
a period of time in the development of the Coastal Zone Management Program policy.
advocated for the State. During the Coastal Zone Management Subcommittee meet-
ings in the Department of Environmental Resources, the Department has always
requested that an active coastal zone program include adequate provisions for
economic development activities, especially in light of the current recession Conflic ts between environmental and sensitive areas of the coastal zone
and the Governor's economic development policy. Since most of the committee and economic and other activity should be minimized through wise and clearly
members were representatives of environmental organizations, there was little, identified planning documents, rather than brought into conflict by such con-
if any, implementation of these comments in the final documents produced. fusing labeling as "overlap areas."
The omissions of the verbal discussions from the formal minutes has on
several occasions been discussed directly with the Coastal Zone Management Response
staff. It is obvious that a viable coastal zone program can only be reason-
ably implemented if there is a good balance of economic and environmental Overlap areas have been nominated as GAPC's pursuant to 15 CFR 923.23,
actions with a special attention being paid to maintain the employment and Other Areas of Particular Concern. In meeting the requirements of this section
tax base in the areas in question. To date, there is no evidence that this of program approval regulations, the Commonwealth is not required to establish
important relationship is adequately treated in the voluminous material priorities of use for these areas. However, once an overlap area is designated
presented in the impact statement. The summary on page "i" lists ten (10) as a GAPC, the Commonwealth must indicate procedures for developing and imple-
major issues for the CZMP. Of these, only two - Port Activity and Energy menting appropriate management techniques, an agency (or agencies) capable of
Facility Siting - reflect the above needs of the Commonwealth in trying formulating the necessary management policies, and a reasonable timeframe for
to stem the outmigration of population and provide necessary employment and implementing the management techniques (see Part II, Chapter 3 of the FEIS for
tax base. nomination and designation procedures for GAPC's, and 15 CFR 923.23).

Response Comment

The Coastal Zone Advisory Committee has representatives from all affected It is essential that water-related manufacturing and commercial enter-
State agencies and offices. This includes the Departments of Commerce, Com- prises be allowed to function in their necessary modes in order to compete
munity Affairs, and Transportation, as well as the Governor's Energy Council in national and international markets. This is expecially true for energy-
and Office of Policy and Planning. The PCZMP has nine policies that directly related projects such as coal, etc.
or indirectly serve to enhance the development of economic activities in the
coastal areas of Pennsylvania (see Part II, Chapter 2). These policies, VII-I, Response
VII-2, VIII-1, VIII-2, VIII-3, IX-A, IX-C, and two new policies, VII-3 and
IX-D in the FEIS, have been identified in response to the input of economic The PCZMP agrees, and this concern is reflected in Policy VII-I, Port
development interests throughout program development. In the opinion of Activities/Development, which is designed to attract and encourage the siting
OCZM, itself part of the U.S. Department of Commerce, economic development of port-dependent economic activities in the Commonwealth's coastal ports.
interests have been and will continue to be considered in the PCZMP. One
advantage of Federal approval of the PCZMP is improved opportunities to work
closely with OCZM's sister agencies, including the Economic Development
Administration and the Maritime Administration, on issues of common concern.

VIII - 41 VIII - 42

is is()

Comment Response

The lack of continuity in zones crossing state lines is of special con- The opportunity for input by economic developers has always been available
cern in that it tends to confuse and cause undue problems when attempting to in the development of the PCZMP. This is evidenced by the membership of its
establish just what a coastal zone program is all about. local steering committees and the statewide advisory committee (see Appendix C
of the DEIS). The Philadelphia Port Authority has held a seat on the Delaware
Response Estuary Steering Committee; the Port Authority in Erie represents its economic
interest on the Erie Steering Committee; the Department of Commerce has been
State coastal management programs respond to the perceived problems, represented on the State Advisory Committee from the outset. The recent in-
issues and needs of individual states. There has been close coordination terest among economic developers is witnessed by the recent changes in the
with New York and Ohio in the development of the PCZMP through the Standing program's two port policies and the development of a new economic policy, VII-3,
Committee on Coastal Zone Management of the Great Lakes Basin Commission. which appear in the FEIS. This participation has helped to further provide
The PCZMP has coordinated with the states of New Jersey and Delaware through a program which is balanced between economic and environmental concerns.
informal discussions and meetings with the Mid-Atlantic Coastal States.
The PCZMP has been developed to reflect each region's particular needs as Comment
interpreted by the Commonwealth. The coastal zones in the Delaware Estuary
and Lake Erie have been designated as the result of numerous public meetings, Specific serious problems arise from proposed steel mill, energy and indus-
and represent the concensus of the Steering Committees of both regions. Eco- trial developments currently in process or anticipated as high priority in the
nomic activities in Pennsylvania's coastal zone will now have the advantage Commonwealth's effort to stabilize her economic situation.
of greater predictability of State and Federal actions in the coastal zones
as a result of the management program. Efforts will continue to be made to
ensure that coastal activities in Ohio and New York are coordinated with those Response
which may affect Pennsylvania.
Energy and industrial development may locate throughout the coastal zone,
Comment provided that the performance standards of State regulatory authorities are
met. The PCZMP will be working to streamline and expedite the permit process
The Environmental Impact Statement is seriously lacking in socio-economic (see Policy IX-C) for citizens and industry. In addition, the Commonwealth
profile, especially as concerns labor force and unemployment data and their is encouraging energy and industrial activities in GAPC's classified as
related problems. This has been pointed out repeatedly to program managers Development Opportunity Areas.
with no response to this point. Therefore, we are attaching a copy of "Penn-
sylvania Employment and Earnings," highlighting the problems of unemployment Comment
in the Commonwealth.
It is imperative for a successful plan to reasonably provide for implemen-
Response tation of economic development activities as well as environmental and recrea-
tional activities in wisely managing our coastal resources. We professionally
The PCZMP clearly recognizes the economic problems plaguing the coastal feel that a multiple-use approach is the best means of accomplishing this
zones which were reflected in these figures. The DEIS and the FEIS, however, objective and minimizing conflicts in the zone, while providing for high
are intended to portray the management mechanisms that will be used to address priorities representing all program interests. Hopefully, the recognition
these and other coastal problems. The PCZMP serves to help stimulate appro- of this fact will be fully provided for in any coastal zone program that is
priate economic development in the coastal zone. The impacts of the PCZMP actively implemented in the Commonwealth of Pennsylvania.
on economic development are outlined in Part V of the FEIS. However, the
use of large amounts of economic data in the FEIS is not appropriate. Response

Comnent The PCZMP agrees, and this will be a goal to which the program adheres
under the implementation phase.
Provision for input by economic developers, until recently, has been
minimal, and therefore the program is generally lacking in both understanding
of development needs and reconciliation of coastal zone problems between
policy and decisionmakers representing all major interests in the coastal
zone.

VIII - 43 VIII - 44

Response
United States Steel
Each state's coastal program responds to the needs of its citizens and
(C.D. Horne, 7/15/80) issues along its shoreline. Ohio's CZM boundary generally extends approxi-
mately 1,000 meters inland. In certain areas, it bulges further inland to
include important natural resource areas. The New York boundary extends
Comment inland 500-2,000 feet from Lake Erie. Pennsylvania's boundary varies from
400 feet inland to over three miles inland. At the same time, program
We have a general concern that the CZM program addresses itself primarily approval regulations (see 15 CFR 923.34) require that states document that
to environmental issues with limited emphasis on potential development oppor- there has been consultation and coordination with adjoining coastal states
tunities. It is interesting to note that in the DEIS Summary (page I) the regarding delineation of adjacent inland and lateral seaward boundaries.
ten itemized policies only recognize "Port Activities" and "Energy Facility On its eastern boundary, Pennsylvania's Lake Erie coastal zone extends ap-
Siting" as potential development activity, without reference to other types proximately three miles inland, while the proposed boundary for New York is
of development activity such as industrial. approximately 1,000 feet; on its western boundary, the Pennsylvania Lake
Erie coastal zone extends approximately 1.5 miles; the proposed Ohio boundary
Response is approximately 1,000 meters. While the boundaries do not coincide, the
Commonwealth has coordinated its boundaries with Ohio and New York (see Part
The CZMP FEIS has nine policies that will benefit development activities, II, Chapter I of the FEIS). The rationale for the difference in the boun-
including industrial activities, either directly or indirectly. These are daries is given in response to the previous comment. Areas subject to regu-
policies VII-1, VII-2, VII-3, VIII-1, VIII-2, VIII-3, IX-A, IX-C, and IX-D. latory controls or proposed regulatory controls within the coastal zones of
IX-D. Additionally, development activities will benefit from having greater each of the states are more uniform than the proposed coastal boundaries.
predictability with respect to State and Federal regulatory actions in the This is sufficient for program approval (see 15 CFR 923.31 through 923.34).
coastal zone as a result of program implementation. OCZM considers the PCZMP
to provide a balance between development opportunities and environmental pro- Comment
tection.
We are extemely concerned about "Biles Island" in the Delaware Estuary
Comment being classified as an "Overlap Area" rather than as a "Development Opportunity
Area." We have various industrial activities in this area and require this
We are concerned with the inconsistent CZM landward line. It would appear tract for future expansion of these activities.
that the line should be consistent in character, probably measured a prescribed
distance from the waterfront. Response

Response The overlap designation was initially given to Biles Island because the
PCZMP recognized that the area was prime for industrial development, but
The CZM landward boundary was determined as a result of extensive public also contains areas of unique natural value. The program's DEIS also stated
participation. A fixed distance line lacked the flexibility to include within that overlap areas need further study. The CZMP has looked at the Biles
the boundary all the salient activities and features, such as GAPC's, of impor- Island area in greater detail and now shows the center of the island as an
tance to the program. For example, the U.S. Steel property in the western Economic Development Opportunity Area, and the 100 foot setback along the
segment of the Lake Erie Coastal Zone was included within the coastal boundary water's edge as a natural value area. These new considerations reflect
as a Development Opportunity Area GAPC to highlight the Commonwealth support local zoning. This change is reflected in Part II, Chapter 3 of the FEIS.
for the proposed steel mill. The boundary with the City of Erie was expanded
to include the entire Bayfront Neighborhood to highlight that community's Comment
cultural ties to Lake Erie. In some cases, physical or cultural features were
used to determine the boundary for administrative ease. This is permitted In conclusion, we believe that protection of our country's coastal assets
under the regulations of the Coastal Zone Management Act (see 15 CFR 923.31). is of vital interest, but only when balanced with appropriate development
opportunity which is not impeded with additional development controls.
Comment
Response
We also question the inconsistency between what we understand to be the
landward CZM line in Ohio and New York States, versus that proposed for OCZM agrees and wishes to reiterate that the PCZMP offers greater predict-
Pennsylvania. ability and coordination of State and Federal actions, and will help to facili-
tate the current State permitting process.

VIII - 45 VIII - 46

Associated Petroleum Industries of Pennsylvania
The legislative authority to provide this override mechanism is contained
(Frank J. Bowden, Jr., 7/15/80) in Act of October 25, 1970 (P.L. 707, NO. 230), Pennsylvania Consolidated
Statutes, Title 66, Chapter 1, et. seq. The Energy Facility Planning Process
in Part II, Chapter 3 of the FEIS cites this authority. The authority is
Comment not described in Appendix A because it is not adopted as part of the PCZMP.
For purposes of program approval, the State is required to have a method
We agree that it would be beneficial for coastal municipalities to include which provides the State with the ability to override arbitrary local exclusion
a process for energy facility siting. The absence of such a process could be of uses of regional benefit (see 15 CFR 923.12). This method is incorporated
a cause for delay in issuing permits for critical facilities. in Part II, Chapter 3 of the FEIS.

Response Comment

An energy facility siting process is contained in Chapter 3 of the PCZMP Although petroleum refining in the Lake Erie area is not currently a fac-
FEIS. The PCZMP will encourage and provide assistance to coastal communities tor, there is no guarantee that the situation will not change. Our national
to update their comprehensive plans and include the findings of the Energy concern and effort towards energy self-sufficiency may bring about a set of
Facility Siting Process in them. circumstances in which a refinery located near Lake Erie would be desirable.
If allowance for such an eventuality were included in the CZM plan, it might
Comment make such a siting decision more expeditious.

The Uses of Regional Benefits section of the PCZMP adequately recognizes Response
the concern of the Federal CZMA in addressing this important question. However,
the exclusion of hydrocarbon (petroleum) production and processing facilities The PCZMP is not a static plan, but rather a dynamic management program.
from the list of uses of regional benefit concerns and confuses us when such The PCZMP does not prohibit the siting of an oil refinery in the coastal zone.
facilities are recognized as being in the national interest at page 11-5-15. Siting any such facility would require that State performance standards be met
We suggest that petroleum-related facilities be included in the list for the (see Enforceable Program Policies, Part II, Chapter 2). The Commonwealth has
Final EIS. identified development opportunity areas (Part II, Chapter 3) where siting of
such types of facilities are preferred. OCZM considers the PCZMP to be
Response sufficiently flexible to deal with the siting of oil refineries in the Lake
Erie Coastal Zone, including consideration of the national interest in such
The CZM program approval regulations at 15 CFR 923.12 and 923.52 demon- siting.
strate that while it is a permissible option to list uses in which there is
a national interest as uses of regional benefit, there is no requirement to Comment
do so. States, at their option, may distinguish between uses of regional
benefit and uses in the national interest. In order for a use to be listed Drilling for gas and development of resources in Lake Erie should not be
as a use of regional benefit, it must meet the criteria for identifying uses delayed any longer.
of regional benefit, and there must be a method available to the State to
assure that it is not unreasonably restricted or excluded by local land and Response
water use regulations. Pennsylvania has chosen to include all uses which
meet these two requirements as uses of regional benefit. Policy VIII-2 of the PCZMP calls for the production of natural gas to be
facilitated, provided that the standards provided in the Commonwealth's
Comment environmental statutes are met. To aid the oil industry in meeting these
requirements. PCZM has established Policy IX-I, designed to expedite permit
The State's override of arbitrary local exclusion of energy facilities has established Policy IX-1, designed to expedite permit
is clearly discussed. However, it is not clear what the legislative mandate
or other authority is which provides for the override mechanism. The list Comment
on page II-A-1 does not seem to include anything which would provide this
authority. We suggest that the Final EIS include this information with The major national interests as shown in page 11-5-16 and the policies
adequate discussion. immediately following that list are strong and positive affirmation of the
Commonwealth's recognition of the criticality of energy facilities and their
importance to all of us. APIP supports and endorses those statements.

VIII - 47 Vil - 48

Response Res ponse

No response necessary. No response necessary.

Comment Coimment

The Pennsylvania CZM Program is a constructive attempt at articulating The "networking" mechanisms proposed to limplemient Pennsylvania's CZM
a balanced approach to multiple land use in the coastal zone. Our major program are, we believe, a realistic approach to achieving uniform application
concern with the CZM Program revolves around the question of State over-sight of policy in the coastal zones. This approach can be successful and will
of the decisionmaking process regarding uses of regional benefit, especially avoid an additional layer of government.
petroleum-related energy facilities.
~~~~~~~~~~~~~~~~~~~~~~~~~Response Rsos

Petroleum-related energy facilities are defined to be in the national N epnencsay
interest by the PCZMP. The means for continued consideration of the national Comment
interat are provided in the Comaunwealth's permit procedures. the Executive
Order, and the Memoranda of Understanding between the Department of Environ- The League is concerned about one facet of the program; the method of
mental Resources and the Fish Commission, Historic and Museum Commission, dealing with Geographical Areas of Particular Concern (GAPC). The CZM study
and Public Utility Commission. At the State's option and pursuant to OCZM's has identified these areas in a satisfactory manner. However, in the case
Program Approval Regulations (see 15 CFR 923.12). the State has chosen not of "nominated GPAC," there appears to be no mechanism in the program to
to define petroleum-related energy facilities as uses of regional benefit. assure that the nominated areas are managed in the recommended fashion. We
OCZM Program Approval Regulations (15 CFR 923.12 and 923.52) allow for this would like to have some mechanism addressing this problem included in the
distinction between uses of regional benefit and uses in the national interest program. Perhaps, a municipality which has a nominated GAPC within its
to be made. boundaries should have to agree to manage these areas in accordance with the
CZM program recommendations in order to qualify for CZM funds.

Response
League of Women Voters
In almost all cases, nominated GAPC's reflect local zoning; therefore,
(Margot Hunt, Edith Stevens, 7/15/80) this increases the likelihood that these areas will be managed in the recom-
mended manner. Additionally, the PCZMP will strive through program funding
incentives to work with local governments having jurisdiction over GAPC's
Conmment which are not subject to State regulatory control or State ownership. Through
contractual agreement, these local Jurisdictions agree to abide by the priori-
We are, for the most part, pleased with the program that has developed ties of uses established for each class of nominated GAPC's.
for Pennsylvania. We feel it is a realistic balance of the environmental
and economic needs in our State.

Response Ameriport, Delaware River Port Authority

No response necessary. (James R. Kelly, 7/17/80)

Commient

A great proportion of Pennsylvania's coast, particularly in the Philadel-Comn
phia area, is a working coast. It serves a large industrial State, and, as Since our Regional Planning group will be guided by the study findings
such, must carry a relatively heavy burden of activities which degrade the to make recommendations for land use in the Delaware River Coastal Zone
natural environment. We believe that the CZM program recognizes the needs areas, we recommend that the Coastal Zone Management Plan incorporate by
of the ports to better use and improve their existing facilities, and to reference the Delaware River Regional Port Study under Section 306(c)(1).
concentrate new facilities in areas already affected by industrial activities. The study will be completed by September 1, 1981, and specific land use
recommendations will be available for incorporation in the Coastal Zone
Management Plan.
Vill - 49Vill - 50

We are particularly concerned that the following sections reference our Response
study:
The CZMP has adopted the requirements of the Pennsylvania Clean Streams
Policy VII-1 - Encouragement Law (Policy 111-1). This law is enforced by the Commonwealth according to
Policy 11-3-4 - Outer Continental Shelf Support Facilities established regulations. This law provides Pennsylvania adequate authority
Policy 11-3-25 - Coal Related Facilities to ensure water quality in the Commonwealth's coastal zone. The Great Lakes
Water Quality Agreement of 1978 is an agreement only between the U.S. Govern-
Response ment and Canada; provisions of the agreement are enforced by EPA in American
waters, utilizing the Federal Clean Water Act. The PCZMP has adopted by
Upon completion and favorable review of the Delaware River Regional Port reference the requirements of the Federal Clean Water Act (Policy IX-B.1).
Study, the PCZMP will work with the Port of Philadelphia, the Pennsylvania
Department of Commerce, Federal agencies such as the Maritime Administration, OCZM believes that the incorporation of these two laws into the program
and other affected units of local government to implement the recommendations provides sufficient authority to protect the waters of Lake Erie.
of this study and to carry out Policies VII-1 and VII-2 relating to port
development in the FEIS. Comment

"Cooperation between inter-governmental bodies" should be better struc-
tured and clarified so that policies concerning the CZM Program are accurate
Margaret Nagel and Barbara Bol and firm when communicated to State and local agencies.

(7/17/80) Response

The OCZM agrees with this concept. We believe that the State's inter-
Comment governmental coordination mechanisms are outlined in Part II, Chapter 5 of
the FEIS and, as stated in policy IX-A, Intergovernmental Coordination/Consis-
We have found that the citizens along the coast of Erie County are very tency, in Part II, Chapter 2 of the FEIS, adequately addressed this concern.
concerned about current and future air quality when the proposed U.S. Steel If, however, our annual review of, the Commonwealth's program determines that
Plant and the Coho facility are constructed, and about the severe impact they these mechanisms are not working satisfactorily, then we will require the
will create. As stated in the Statement on page 11-3-32, "Recent relaxation Commonwealth to restructure its intergovernmental coordination component of
(1979) of the sulfur emission regulations within the Erie Air Basin could have its program.
a deleterious effect on the region..." - we emphasize and hope that monitoring
and monitoring devices will be implemented as part of the CZM Program so that Comment
air standards will not be relaxed any further. The Erie County coastal zone is
comprised of large areas of vineyards, nurseries, orchards, and other agricul- We think that the mandate of using implementation funds for further plan-
tural regions. Possible future impacts on these commodities from air pollution ning in 1980-81 is superfluous after four years of program planning. The
could be disastrous. We hope the CZM Program will address this air problem to citizens of Erie County had expected to finally receive funds for actual
the fullest. implementation. We feel that CZM funding now should be used to meet the
needs of the people in the coastal zone (for recreational access and acquisi-
Response tion, parking facilities, historic preservation, etc.)

The PCZMP has adopted by reference the requirements of the Federal Clean Response
Air Act (Policy IX-B.2 Air Quality). As a result of this, the PCZMP funds
and technical expertise will be utilized to insure the implementation of the Program implementation funds will no longer be used for program planning
State Air Quality Implementation Plan in the Commonwealth's coastal areas. activities, but rather for program management. This will include administra-
This will involve monitoring the issuance of State air quality permits as they tion of State statutes, coastal access design, port and economic development
affect the Lake Erie and Delaware Estuary coastal zones (see Part III, Chapter 4 feasibility studies, and administration of Federal consistency procedures.
Program Monitoring and Evaluation). OCZM regulations 15 CFR 923.94 place most importance on implementation of
program authorities. A limited amount of program implementation funds (up
Comment to $50,000 per grant) may be used for expendable materials or construction
activities in areas designated for preservation and restoration. No program
The Lake Erie Coastal Zone boundary extends northward in Lake Erie to the
international boundary with Canada; therefore, should not the Great Lakes Water
Quality Agreement of 1978 be mentioned as part of the Policy Enforcement
Regulations?
VIII - 51 VIII - 52

implementation funds may be used for land acquisition. By using program Comment
implementation funds for improving State and local government management
capabilities and for feasibility and design studies, development and acquisi- It appears that the approval of the PCZMP will superimpose on industry
tion funds from other State and Federal agencies will be more easily acquired. another set of regulations, while there is no clear policy that supports
The PCZMP will work with the Pennsylvania Department of Community Affairs to industrial development.
see that funds from the Coastal Energy Impact Program are utilized to carry
out the recommendations of feasibility studies conducted during implementation Response
of the PCZMP.
The approval of the PCZMP will not superimpose on industry another set of
regulations, but rather will strengthen the ability of the State to carry out
existing State laws in a uniform fashion throughout the coastal zone. Ulti-
Philadelphia Electric Company mately, this will provide coastal industry a greater certainty in the permit
process and in the ability to realize industrial and economic projects in
(J. O'Brien, 7/8/80) the coastal zones in a timely manner. The Commonwealth has added policies
VII-3, and IX-D to the FEIS to strengthen the economic and industrial develop-
ment dimensions of the PCZMP.
Comment

Industry has not been made aware of the potential restrictions the PCZMP
might impose on water-based facilities. The proposed act has the intent of Pennsylvania Electric Company
fostering a no-growth economy. There is need for more input from industry
before final approval is given to the plan. (Paul S. Feldman, 6/5/80)

Response
Comment
Industry has been involved in the development of the PCZMP since 1974.
Editorial and technical comments related to electric generating plants
The Philadelphia Electric Company holds a permanent membership on the Delaware Editorial and transmission facilitical comments rcited in thelectric ge Energy Facility Planning Process,
Estuary Steering Committee. The role and function of this committee is
described in in Part II, Chapter 5, of the FEIS. Also, a summary of meetings Part II, Chapter 3.
of this Committee and Citizen Committees of Bucks, Philadelphia and Delaware
Counties, was included in Appendix C of the DEIS. Further, in the spring of Response
1980, the PCZMP held several meetings with representatives of public and
private organizations to discuss issues relating to economic development ac- These changes have been made and are reflected in the FEIS.
tivities. These meetings have provided a better understanding of the goals
and objectives of the PCZMP to the concerned parties. As a result of the
meetings, the policies related to economic development and port planning
activities have been modified in order to provide increased emphasis on Borough of Marcus Hook
economic development with respect to these issues (see Part II, Chapter 2,
policies VII, VIII and IX of the FEIS). (Curtis Weldon, 7/16/80)

The PCZMP in no way endorses the concept of a no-growth economy. The
State has attempted to develop a balanced program with regard to land and Comment
water uses by supporting and encouraging activities that protect the coastal
land, water and air resources, and at the same time stimulate the economic The CZMP has done a great service to the Commonwealth of Pennsylvania and
use of river or lake and certain related wwaerfront properties. In particular, its coastal communities through the identification of GAPC's and the utilization
some of these opportunity areas could be considered as potential locations of demonstration funds to address high priority uses in GAPC's. We recommend
for waterfront facilities serving the regional, State or national economic that funding for these activities and the provision of technical assistance to
interests. These uses may include port facilities, energy facilities, or the coastal communities continue under program implementation.
other commercial and industrial activities. In the opinion of the OCZM, the
State has given adequate consideration of the economic effect of the PCZMP Response
relating to industry (see policies VII-1, VII-2, and VII-3, of the FEIS for
further clarification). The CZMP will continue to expand upon these activities during program
implementation.

VIII - 53 VIII - 54

0� 00

Comment Response

It is important for the PCZMP to use the Coastal Energy Impact Program or The salient points of all meetings of the public, Coastal Zone Steering
other funds, as appropriate, to follow through on feasibility studies to provide Committees, Coastal Zone Advisory Committee, interstate committees, are con-
tangible results to coastal residents. tained in the minutes maintained by the PCZMP. The large number of meetings
and efforts to limit the volume of the DEIS and FEIS to a reasonable size make
Response it impossible to reprint these minutes in the FEIS. OCZM is aware of the scope

The use of program implementation funds for development, construction or of the controversial areas in the development of the PCZMP. Major areas of
land acquisition purposes is extremely limited. However, by using program controversy Included the issues of consumptive use of water on the upper
implementation funds as seed money (for feasibility studies, etc.), the PCZMP Delaware River and lack of a complete and accurate technical data base on
will be able to more effectively utilize funds from the Coastal Energy Impact which to base program decisions. The issue of consumptive use of water is
Program and access development, acquisition, and construction funds from addressed as it would impact water quality or other coastal resources. The
other State and Federal programs. technical basis of the program is the set of laws and regulations which are
incorporated into the PCZMP. Supporting information in the form of technical
studies was collected throughout program development and is listed in Appendix
D of the DEIS.

Bucks County Local Government Representative of the Delaware Estuary Coastal Comment
Zone Steering Committee, Pollution Control Group of Lower Bucks County,
Pennsylvania and the Borough of Morrisville, Pennsylvania We find the information presented in the Draft EIS does not suport the
document's conclusion that, because the proposed PCZMP is based on existing
(Gretchen V. Leahy, 7/21/80) legislation, there will be no additional layers of government added to the
present structure. Federal and State consistency with the proposed program
are required, and the mechanisms proposed to administrate and regulate the
Comment proposed program seem elaborate. Required would be, for example, additional
inter-agency coordination at Federal and State levels, expanded DER reviews,
Early in its development, the citizens of Bucks County expressed their revised permitting procedures and expanded committee involvement by interested
desires that the PCZMP should function within the existing permitting struc- citizens at statewide and regional levels. As "lead agency," DER's increased
ture without establishing another layer of government, and that the approach authority would come from requiring that all other plans and programs be
should be balanced between the environment and the economy, that is, that altered to be made consistent with the proposed Coastal Zone Management Pro-
our coastal resources should be protected without imposing undue or excessive gram. Additionally, the State would have override authority where land and
costs, delays or constraints on the business community, particularly the water uses of regional impact are involved. For example, energy facilities,
private sector. We are pleased to find that these three concerns are reported water supply, waste water treatment, recreation and other facilities.
in the Draft EIS under "Areas of Controversy."
Response
We were surprised, however, to find our concerns omitted altogether from
Appendix C, "Local Government and Public Coordination (Delaware Estuary)." The additional coordination and review of State and Federal actions that
Pennsylvania's Coastal Zone Management Program experienced numerous slippages, will result from the PCZMP is designed to accomplish two major objectives:
problems, delays and revisions and considerable controversy during the six- (1) Assure that State and Federal actions are consistent with the policies of
year course of its development, as the minutes of its meetings attest, but the PCZMP (as required under 15 CFR 923.43); (2) Provide other State agencies
nowhere in the Draft EIS is it indicated that the course of program develop- and interested citizens of the Commonwealth an early opportunity to learn of
ment, including its public participation aspects, was anything other than proposed actions that will affect the coasal zones. For State agency actions,
smooth and free of controversy. The columns of Appendix C entitled "Summary the review and monitoring process will occur concurrently with the review period
of the Meeting" read like agendas, not summaries, for both Lake Erie and the established in State law. For Federal actions, the process of determining con-
Delaware Estuary meetings. sistency of Federal actions with the State coastal management programs occurs
within reasonable time periods as described in 15 CFR 930 et. sA
We recommend for the sake of accuracy and the integrity of the public
participation program that the comments under "Stummary of the Meeting" in the At this time, no revised permitting procedures have been established as
Draft EIS in Appendix C be corrected to reflect each meeting's salient points, a result of the PCZMP. However, the program proposes to work to reduce the
including identification of controversial areas. time required for issuance of State and Federal permits and to make the
results of State decisions more predictable.

VIII - 55 VIII - 56

The State override authority for uses of regional benefit (Part II, (1) Department of Environmental Resources
Chapter 3 of the FEIS) meets the requirements for program approval as stated Third and Reilly Streets
in Section 306(e)(2) of the Coastal Zone Management Act and 15 CFR 923.12 of Harrisburg, Pennsylvania
Program Approval Regulations. The methods used by the State to meet this
requirement represent no new methods developed for the PCZMP. They are part (2) Delaware Valley Regional Planning Commission
of existing State law and procedures and would operate even in the absence of 1819 John F. Kennedy Boulevard
the PCZMP. Philadelphia, Pennsylvania

Comment (3) Erie County Metropolitan Planning Commission
Erie, Pennsylvania
The Commonwealth's authority is also increased over certain specific areas
to be designated as "Geographic Areas of Particular Concern" (GAPC's). Bucks (4) Office of Coastal Zone Management
County has more at stake than either Delaware or Philadelphia County because 3300 Whitehaven St., N.W.
23 of the toal of 47 specific sites nominated to be "Geographic Areas of Washington, D.C. 20235
Particular Concern" in the Delaware Estuary Coastal Zone are located in Bucks
County. Comment

Additionally, lower Bucks County municipalities are being solicited to apply The only map of the Delaware Estuary Coastal Zone in the Draft EIS
for grants to study other specific sites as well as to study various Compre- (opposite page 11-1-12) is very small, has no scale and combines all
hensive Plans. This solicitation pressures us to accept the entire program four "GAPC" categories together without differentiation, although applicable
as presently proposed because until it is officially accepted, the grant State regulations would vary widely according to category. The Draft Environ-
money won't be available. mental Impact Statement (Draft EIS) does not stipulate what other maps or
means will be used to show the exact locations of these areas, nor does it
Response record that this was a matter of considerable controversy.

No additional authority is granted to the Commonwealth through nomination As shown on the Draft EIS map, the combined "Geographic Areas of Parti-
or designation of GAPC's. Areas which are designated as GAPC's must be cular Concern" actually extend out into the water nearly to the New Jersey
State-owned, subject to a contractual agreement between the DER, or subject State line in the middle of the Estuary. This is significant because the
to regulation by the DER (see Part II, Chapter 4 of the FEIS). Federal Office of Coastal Zone Management recommended to the Commonwealth's
Department of Environmental Resources (DER) three months ago that the Delaware
Solicitation for local grants by the Commonwealth must be conducted at Estuary "pollution block" be considered as a "GAPC," noting that fish life
this time in the eventuality the program does receive Federal approval. To would benefit from "enhanced management." Fish are important because in
delay this process until after approval would result in a period in which no addition to their commercial and recreational uses, they are a good indicator
Federal funds would be available to the Commonwealth and its municipalities of water quality: if water quality is satisfactory for fish life and propa-
for the PCZMP. However, Bucks County is under no obligation to apply for gation, it is generally satisfactory for other purposes. This Federal comment
program funds. was also omitted from the Draft EIS without explanation.

Comment Response

The Delaware Estuary Coastal Zone inland boundary is not clearly dis- The official boundary maps for the coastal zone boundary and for GAPC's
played on the Draft EIS map, but should be. This, too, has been a matter of can be inspected at the locations in the response to the previous comment.
some controversy, again, undocumented in the Draft EIS. For example, Morris- This has been noted in Part II, Chapters 1 and 3 of the FEIS.
ville Borough is given three different specific boundary lines in the Technical
Record, and a fourth non-specific one in the Draft EIS. Still another specific GAPC's are not intended to extend out into the Delaware River. However,
boundary is presented in the concurrent Proposed New Jersey Coastal Zone Manage- citizens, agencies, and interest groups are able to nominate any areas of the
ment Program. New Jersey's document by contrast includes a number of large coastal zone as GAPC's through the annual nomination process described in Part
scale maps. I, Chapter 3 of the FEIS. There is no requirement for program approval that
the Commonwealth designate the Delaware River as a GAPC.
Response

The official inland coastal zone boundary maps are on file and open to the
public for inspection during regular business hours at the following locations:

VIII - 57 VIII - 58

is�

Comment
Comment
Clarification is essential as to which documents and maps will and will
It is of no small concern that there is a substantial amount of misleading not be used as the program's technical base. Although the Technical Record
and obsolete information given in the "Technical Support Information" (Appendix (December, 1978) was developed for this purpose and distributed to the munici-
D) of the Draft EIS regarding, for example, water quality, electric energy palities last fall, we were informed by DER and its consultant at the Bucks
facility siting and population statistics. DER has not updated information County Citizens' Meeting of June 25, 1980, that the Technical Record is
and data known to be inaccurate and obsolete in other plans. One such example "out" and will not be used. If this is so, why is it not being used, why
is DER's information in its COWAMP/208 Comprehensive Water Quality Management have we not been officially notified by either DER or the Federal Office of
Plan for Southeastern Pennsylvania which has not been corrected, and this Coastal Zone Management that it is not being used, and what specific documents
and other "COWAMP/208" maps are to be used as part of the "Technical Support that the public has had a chance to become familiar with will be used instead?
Information" in the proposed Coastal Zone Management Program. Another example
is the use of 1970 Census data. Response

We believe current data and information should be used and that to main- The Comment is correct that, except for its maps, the Technical Record
tain flexibility, the proposed program should include a simple means of incor- will no longer be used in the PCZMP. It is not being used because it does
porating such material. We do not find in the Draft EIS workable provisions not accurately describe the PCZMP, especially its organizational structure
for correcting the program's inaccurate, obsolete ormiisleading data and and policies, and because much of the information contained in it is irrelevant
information. Preliminary findings of the 1980 U.S. Census are now being to the management program. The Technical Record was never intended to to
made available, and we think the proposed program and associated planning describe the PCZMP. It was simply a document designed to identify the problems
efforts should relfect the needs of the actual population of respective and issues which the program would address, with supporting material to
municipalities, especially where proposed undertakings entail on-going long document the need to address certain issues. The FEIS on the PCZMP is the
range costs which must be locally absorbed. official program document.

Furthermore, the Draft EIS includes a lot of information, the necessity Comment
of which is not clear since there are no proposed policies reflecting the
information. For example, there is an extensive amount of 1970 U.S. Census Adoption of a Coastal Zone Management Program by each state is optional,
information related to housing, population make-up and distribution, and not mandatory, and Federal law requires each state to hold two public hearings
income. Inclusion of this information would appear to interfere unnecessarily on its proposed program. We have learned the DER planned to use a previously
with local land use decisions. We note that New Jersey's proposed program, scheduled hearing or hearings to meet this requirement and also that DER planned
which is subject to the same Federal regulations, has several pages covering to hold a hearing jointly with the Federal Office of Coastal Zone Management
a wide range of housing policies and regulations. Since local land uses are (OCZM) on the Draft EIS. No notification has been received from the State or
amply covered by local land use and zoning regulations, why should this infor- arty of its consultants of any public hearings held or to be held either
mation be included at all if the State does not want authority to override jointly or singly (including OCZM's July 1, 1980 hearing) on Pennsylvania's
local land use and zoning ordinances? proposed program. We question whether the public hearing requirements of
the Coastal Zone Management Act have been fully met both literally and in
Response spirit. It does not seem appropriate for the Federal government to act on
the approval of a proposed state program on which the affected public has
Appendix D of the DEIS summarizes information accumulated throughout pro- not had prior opportunity to comment directly to the state.
gram development. Much of the information, however, is not relevant to
implementing the management program. Moreover, the examples cited of inaccurate We recommend that the Commonwealth hold a public hearing in the Delaware
and obsolete information are the responsibility of other agencies and not Estuary area on its proposed program, including all documents to be used as
the PCZMP. In addition, the 1980 census figures are preliminary and subject the proposed program's technical base, including all maps. We also recommend
to change. that the Commonwealth promptly identify all these documents and grant the
affected public ample time to review this material prior to the State's
This information to which the Comment refers has come from numerous public hearing on the proposed program. We further recommend that those
working papers developed in the early stages of program development. These documents presently included which will not be used also be specifically
papers are obsolete and the data are irrelevant to implementation of the identified and retracted. At this writing, it is not clear whether or not
PCZMP. Pennsylvania's proposed Coastal Zone Management Program has a technical base
at all, precisely what this technical base may be, or in fact precisely what
it is that other Federal and State policies, plans and projects must be
consistent with.

VIII - 60
VIII - 59

Response Comment

Extensive public meetings have been conducted throughout the process of No policy has been established setting any upper limit on the amount of
program development, as documented in Appendix C of the DEIS. Joint State water that can be taken away from the Delaware Basin whether by exportation,
and Federal hearings on the PCZMP and the DEIS were conducted on July 1, evaporation or other means; and there is no legally guaranteed minimum flow
1980, in Philadelphia and July 2, 1980, in Erie. Public notice of these to the Estuary at Morrisville (Trenton, New Jersey).
hearings was provided by the State in newspapers in these areas. A letter
dated June 12, 1980, from Mr. William Johnson of the PCZMP to the commentor, Th e people, the comme r ce, and the industry of the Delaware Basin are in
Ms. Gretchen Leahy, was sent announcing the times and location of the July constant competition with the City of N ew Y ork f or the ic eless water re-
1. 1980, public hearing on the PCZMP in Philadelphia. sources coming into the Estuary. The more water exported out of the Delaware
Basin, the more deteriorated the water quality in the Estuary becomes because
In addition, the Commonwealth will hold a final set of hearings on the the net impact of consumptive water use basin-wide is on the Estuary. In
PCZMP in September during the 30-day FEIS review period. Upon completion of the light of updated technical knowledge about our Estuary, hard choices
this final set of hearings and receipt of hearing transcripts or summaries must be made not only between competing in-basin and out-of-basin interests,
by OCZM, the Commonwealth will have met all public hearing requirements but also between competing in-basin water demands which affect the River's
pursuant to 15 CFR 923.58. flow to the Estuary.

The DEIS contains the entire scope of the PCZMP, including regulations The upper Estuary is the most sensitive part of the entire Delaware system,
that will be administered pursuant to relevant authorities incorporated Into and the most significant determinant of its water quality is the quantity and
the program. The technical base of the PCZMP is the set of laws and regula- quality of the main stem of the Delaware River as it enters the Estuary.
tions which are incorporated into the program as stated in the DEIS and
FEIS. Federal and State actions must be consistent with the policies found Because the upper Estuary acts as a siltation basin for the Upper Dela-
in Part II. Chapter 2 of the FEIS. ware Basin's drainage, it cannot be assumed that all water quality problems
in the Delaware Estuary are caused by local dischargers, or that water quality
Commsent in the Estuary will be improved either by increased regulation in the coastal
zone or by construction of additional upstream storage reservoirs.
The PCZMP does not address the issue of consumptive water use in the Dela-
ware River both within and outside the coastal zone. The issue of consumptive We see nothing in the Draft EIS or in Pennsylvania's proposed Coastal
We see nothing in the Draft EIS or in Pennsylvania's proposed Coastal
wa ter use - water taken away from the D elawar e R iver or E stuary, not retvrned, Zone Management Program dealing with this basic problem, nor anything to
and not available for re-use a n ywhere in the Delaware Basi n - is central to protect us from it happening. Nor do we find in the Draft EIS any evaluation
w ise and responsible frsmanag ement of the Delaware E stua ry. of the possible consequences of implementing Coastal Zone Management policies
which ignore this problem and are premised on an unidentified technical
It is disturbing to find that the issue is addressed in the Technical base.
Record, but that it is not addressed in the DEIS. It is even more disturbing
th-at there are no water use classifications in the DEIS. We seriously question Response
whether responsible, technically sound water and related land use decisions
can be made in the absence of full and public evaluation of this basic issue. These issues are the responsibility of the Delaware River Basin Commis-
sion (DRBC), an interstate compact commission, on which Pennsylvania is one
Response of five voting members. They will be addressed by the PCZMP as indicated in
the Response to the previous Comment. It should be noted that the two largest
The decisions on the consumptive use of water are the responsibility of diversions of water from the Delaware River, one of 800 mgd to New York City
The decisions on the consumptive use ~~~~~~and one of 100 mgd to northern New Jersey, are the results of a 1954 U.S.
the Delaware River Basin Commission, an interstate compact commission, on and one of 100 mgd to northern New Jersey, are the results of a 1954 .S.
which Pennsylvania is one of five voting members. The PCZMP addresses the Supreme Court decree. Both diversions are embodied in the DREC compact.
issue of water quality and other coastal resources of the Delaware Estuary All five members of the DRBC are currently negotiating a three-tier plan on
issue of water quality and other coastal resources of the Delaware Estuary h ur s o ae o t Dlwe ir Ts ud ove 1
through its policy framework (see Part II, Chapter 2 of the FEIS). To the the future use of water from the Delaware River. This would provide (1) a
drought emergency management plan with minimum flow allocations at Trenton,
extent that proposals for water diversions may impact water quality and dr ought emergency management plan with minimum flow allocation s at Trenton,
other coastal resources of the Delaware Estuary. the PCZMP will address the
othercoastalresourcesofthe Delaware Estuary. the PCZMP will address the New Jersey; (2) a consumptive use allocation budget based on the availability
consumptive use issue through its representative on the Delaware River Basin of water supplies; (3) a designation of new water resource developmen t projects
consumptive use issue through its representative on the Delaware River Basin dsge omiti iiu temfo tTetn e esy
Commission. Because this is a generic issue that cuts across all policies designed to maintain a minim stream flow at Trenton, New Jersey.
of the PCZMP, this level of involvement is discussed in Part II, Chapter 5
of the HEIS under Interstate Coordination Activities. In developing this three-tier approach to the management of water re-
of the FEIS under Interstate Coordination Activities.
sources in the Delaware River, the Commonwealth is considering the impact of
increased frequency of low flow occurrence on the water quality of the Delaware.

~~~~~~~~~~~~~~~~VIII - 61 ~VIII - 62
V1III- 61

The PCZMP will provide input to these considerations as applicable to the Response
water quality and coastal resources of the Delaware Estuary Coastal Zone.
The primary responsibility for managing the Pennsylvania coastal zone
The consequences of approving a program which ignores the issue of con- lies with the Commonwealth. The Federal government has indicated its priority
sumptive use of water from the Delaware will be that water quality may deterio- to protect all waters of the U.S., including the Delaware Estuary, through
rate and the amount of fresh water supplied to the estuary may diminish, enactment of the Clean Water Act. The Commonwealth also acknowledges that
assuming the consumptive use of water diminishes the amount of fresh water protection of its coastal waters, including the Delaware Estuary, is in the
contributed to the estuary. However, the PCZMP does consider the consumptive national interest. This is found in Part II, Chapter 5 of the FEIS, under
use of water as it may affect water quality and other coastal resources. National Interest.

Comment The only means by which there can be genuine State and Federal consistency
in the coastal zones of the Commonwealth is for the State to have a Federally-
We recommend that all policies concerning out-of-basin and intra-basin approved coastal zone management program. OCZM believes the PCZMP is designed
diversions present and planned and any appurtenances which would impose adverse to provide the protection desired in this comment.
water quantity and quality impacts and costs on the Estuary be made consistent
with a mandatory policy of protection of the Estuary. The technical documents of the PCZMP are the laws and regulations which
are incorporated into the program. Official maps are on file at the Department
Response of Natural Resources in Harrisburg and the Delaware Valley Regional Planning
Commission in Philadelphia. The public has been given ample opportunity to
The Commonwealth has a number of enforceable policies which are related comment at the numerous public meetings conducted by the PCZMP during program
to protection of the Delaware Estuary. These are policies I-B, Floodplains; development and listed in Appendix C of the DEIS, and at public hearings
11-1, Dredging; IV, Wetlands; and IX-B.1, Water Quality. Policies on out-of- conducted jointly by OCZM and the PCZMP on July 1, 1980, in Philadelphia and
basin, intra-basin, and minimum stream flow will not be developed at this July 2, 1980, in Erie.
time. If proposed diversions are likely to have a deleterious effect on
water quality or other coastal resources within the estuary, the PCZMP will
address this issue with the DRBC.

Comment

The Federal law requires that all Federal actions be consistent with the
State's Coastal Zone Management Program and that the policies, programs, plans
and projects of all other State agencies shall to the greatest extent possible
be consistent with the State's Coastal Zone Management Program.

For there really to be genuine Federal and State consistency, the primary
responsibility of the Federal government should be to make protection of the
Delaware Estuary a national priority and to require that all other Federal
policies, plans, programs and projects be consistent with this priority, and
we so recommend. We recommend that the Federal government disapprove Pennsyl-
vania's Coastal Zone Management Program: until such time as the Commonwealth
publicly acknowledges that protection of the Delaware Estuary is in the
national interest; until the Commonwealth can clearly demonstrate that its
own policies, plans, programs and projects are directly to accomplish such
protection; and until it has clearly identified the specific technical documents,
maps and means that will be used to accomplish the protection of the Estuary;
and until the affected people have been given the opportunity to coimment at
public hearing on a program revised to reflect this priority.

VIII - 63 VIII - 64

Comment

HEARING COMMENTS - PHILADELPHIA AND ERIE On page vii in the discussion of economic changes, No. 5 may not be a major
improvement to a property owner.

Response
Pennsylvania Fish Commission
The regulatory aspects of the program will in the long run protect property
(Robert B. Hesser, 7/17/80; Gene Sporl 7/1/80; J. Gary Moore 7/2/80) owners from economic hardships due to flooding, bluff recession, etc. In the
short term, some economic losses may result. For example, the Bluff Recession
and Setback Act requires structures to be set back from bluff areas determined
Comment 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 also reduce
The Pennsylvania Fish Commission in general supports the CZM concept and the level of pollutants added to the lake as fewer septic tanks and sewer
feels the DEIS is well done, with a few minor exceptions. lines are washed into the lake, but may also cause a drop in the value of
the property.
Response
Comment
No response needed.
On page 1-3 in the Purpose and Need Section, item 5 from Sections 308(b)
Comment and (d), it occurs to us that grants to coastal states who suffer unavoidable
loss of valuable resources is fine, but are mitigation measures other than
The recent improvement of the water quality in Lake Erie and the lower financial ones considered? Financial renumeration cannot help if the resource
Delaware River has increased the demand for access to these waters for boating is lost with none to replace it.
and shore angling activities.
Response
Response
The statement referred to in item 5, page 1-3, relates to grants given
The State has identified the need for more access relating to recreational under Section 308(b) and (d)(4) (Coastal Energy Impact Program) of the CZMA.
and shoreline angling on Lake Erie and the Delaware River. The PCZMP will pro- These grants are given to coastal states for preventing, reducing, or amelio-
vide both active and passive recreational opportunities, as well as additional rating unavoidable losses of valuable coastal environmental or recreation
public access opportunities along the waterfront of Lake Erie and the Delaware resources when such losses result from coastal energy activity. These activi-
River through the acquisition of fee simple purchase, leaseback, saleback ties are allowed to occur only when benefits outweigh the negative impacts.
and other less than fee simple arrangements. Funds from the Coastal Energy Furthermore, the PCZMP has the necessary authorities to balance the siting
Impact Program and other sources will provide the State an opportunity to of energy activities with their impacts on coastal resources through the
acquire and develop sites for public access. Section 306 funds will be regulatory process (see Part II, Chapters 2 and 4, and Appendix B, Dam Safety
utilized to develop plans for recreational and access facilities. Policy and Encroachments Act Regulations).
V-1 of the FEIS contains additional information on this issue.
Comment
Comment
Several editorial corrections are suggested in Part II of the DEIS.
On pages iv and v of the Summary, we do not feel that the extent of the
coastal boundary on the Delaware River is sufficiently defined. Item 3 gives Response
the upper extent of tidal influence on the main stem, but shouldn't the boundary
also include the upper extent of tidal influence on all tributaries in this The editorial corrections have been made in Part II of the FEIS.
zone as well?

Response

The coastal boundary on the Delaware River does include the upper extent
of tidal influence on all tributaries in this zone, including the following:
Schuykill River, Ridley, Tacony, Pennypack, Neshaminy, and Poquessing Creeks,
and this determination is clarified in Part II, Chapter 1 of the FEIS.

VIII - 65 VIII - 66

is - 6

Pennsylvania Boating Association Future Alternatives Surface Transit

(Henry Koch 6/23/80) (Kenneth Springirth, 7/2/80)

Comment Comment

The PCZMP has raised the consciousness level of many persons in government, Exp r ess ed concern about the problems a ssociated with port activities
increasing the responses of agencies in providing recreational opportunities (pp. II, 2-21). One of the major problems relates to the viability of the
to everyone. We rsohea r tily r ecommend adoption of the DEIS. railroads as a transportation link and not so much a lack of highway access.
He related the example of the Erie Emporium Line, which links central
Response Pennsylvania with Harrisburg. He requested that the PCZMP address the issue
of ports and rail transportation with a "protective" statement on the Erie
No response needed. Emporium Line.
Response

Delaware County Planning Department Inadequate inland transportation networks is part of the reason for the
decline of Pennsylvania's ports. In its efforts to preserve and enhance the
(H. Edward Miles, 6/27/80) economic viability of the Commonwealth's coastal ports, the PCZMP, as described
in policy VII-l, will utilize its fiscal and other pertinent resources to sup-
port long-range, comprehensive planning for the future development and growth
Cormment of the Ports of Erie and the Delaware Estuary. These efforts will include
looking at future alternatives for surface transportation such as rail and
The Delaware County Planning Department has actively participated in highway.
the planning process and development of the PCZMP. The Program offers positive C
opportunities to better manage the resources and diverse land uses unique to
our coastal zones. Request that NOAA approve the PCZMP so that implementation He also expressed concern about the air pollution problems in the Erie Air
Basin, and recommends that the PCZMP address this problem. Incorporation of
Response air quality requirements is insufficient if there is no valid data from the
monitoring. The PCZMP should ensure that the quality of the monitoring is
No response needed. improved.
Response

New Jersey Department of Environmental Protection The Commonwealth has incorporated the requirements of the Clean Air Act
into its PCZMP. Any action or proposal which would violate State air and water
(Allan Campbell, 7/7/80) quality laws and regulations (including the Erie Air Basin) is considered to be
inconsistent with the PCZMP. Air permits will be monitored by the PCZMP fol-
lowing the process outlined in Part II, Chapter 4, page 7 of the FEIS.
Comment
If there is a lack of valid data on certain air pollutants and it adversely
flew Jersey CZMP supports the Pennsylvania Coastal Zone Management Program. affects the ability of the PCZMP to monitor the issuance and denial of air-
Similarities in start-up dates for program implementation and their common quality permits, the intradepartmental conflict resolution procedures described
coastal zone boundary (i.e., up to the limit of tidal influence) was noted. in Part I, Chapter 4 of the FEiS wi ll be instituted by the PCZMP in an effort
The two programs should therefore be able to complement each other. The people to upgrade the quality of information necessary to monitor air quality permit
who live along the Delaware River will benefit from rational management programs actions. In addition, any person aggrieved by an action of the DER min Boardy
on both sides of the river. enter the decisionmaking process provided by the Environmental Hearing Board,
citizen suits under the Environmental Rights Amendment, and judicial procedures
Response pursuant to the Commonwealth's administration of its statutes. A more
detailed discussion is described in Part II, Chapter 4, of the FEIS.
No response needed.

VIII - 67 VIII - 68

Comment Response
He requested assistance as a shorefront property owner faced with erosion The PCZMP has agreed to expand the coastal boundary to Route 5-A to include
problems, and asked if the PCZMP could address how individual property owners the Bayfront neighborhood. This neighborhood is bounded by Hess Avenue on the
can get some technical advice and assistance. east and Cranberry Street on the west. The rationale for this decision is the
long-standing cultural tradition that ties the Bayfront neighborhood to Lake
Response Erie. In addition, this area was considered to be within the coastal boundary
during the early stages of development of the PCZMP.
Technical advice and assistance have been provided by the PCZMP staff.

Sierra Club - Lake Erie Alliance
Central Coastal Zone Management Steering Committee of the Lake Erie Coastal Zone
(William Welch, 7/2/80)
(John Horan, 7/2/80)
Comment
Comment
Will submit a written statement for the Alliance, but wanted to highlight
The Central Coastal Zone Management Steering Committee of the Lake Erie some of the areas of concern.
Coastal Zone at one time consisted of 40 citizens, but they have had a number
of setbacks caused by internal disputes over such issues as management control, - Recreation - It is unfortunate that more in-depth studies have not
boundaries, etc. He requested that no change to the boundary be made until the been conducted, particularly on access. Boat launching facilities
Steering Committee could reconsider it. are limited and cause parking problems for community residents. The
Erie area services a larger regional area, and the program should do
Response more to address this issue.
In a July 23, 1980, meeting of the Central Steering Committee of the Lake Response
Erie Coastal Zone, the Committee endorsed the concept of expanding the coastal
zone boundary to Route 5-A, through the City of Erie. The PCZMP has agreed to The PCZMP has, through contractual arrangement, conducted in-depth studies
expand the coastal boundary to Route 5-A to include the Bayfront neighborhood. on various issue areas relating to basic technical support studies and material
This neighborhood is bounded by Hess Avenue on the east and Cranberry Street that were utilized in the development of the PCZMP. These include studies on
on the west. The rationale for this decision is the long-standing cultural access, recreation, erosion, flooding and others. A complete listing of these
tradition that ties the Bayfront neighborhood to Lake Erie. In addition, this reports and studies is described in Part II-D-1 of the FEIS. In addition, the
area was considered to be within the coastal boundary during the early stages of PCZMP has funded four demonstration projects to determine what improvements can
development of the PCZMP. be provided to enhance the Lake Erie economic and recreational potential. Three
of the studies have been completed, and reports on these are available through
the PCZMP for public inspection.

Bayfront NATO Martin Luther King Center A fourth grant for $25,000 was awarded to the Pennsylvania Fish Commission
for a Coastal Fisheries Study, to determine how commercial and recreational
(A. W. Thompson, 7/2/80) fishing along the Erie coast can be improved. Completion of this study is
expected by September 30, 1980.

Comment Comment
Expansion of the coastal zone boundary throughout the City of Erie is - Waste Disposal - There may be problems in the future if New York
requested. Two criteria, presence of geographic areas of particular concern begins drilling for oil. There is a problem associated with sulfur
and firm neighborhood or statistical boundaries, are the basis of this request. dioxide emissions which affect Erie County, but have their source in
Boundary expansion would provide for inclusion of the entire Bayfront neighbor- other Great Lakes states.
hood in the Pennsylvania coastal zone.

VIII - 69 VIII - 70

Response Mel and Priscilla Zuck

The PCZMP recognizes the potential problems associated with oil and dril- (7/2/80)
ling in Lake Erie, and intends to utilize the Federal Consistency and inter-
state coordination mechanisms as outlined in Chapter 5 of the FEIS, activities
which affect the Pennsylvania coastal zone. The PCZMP also recognizes that Comment
sulfur dioxide emissions are a very complex problem, and the State is currently
working with various Federal agencies to devise a strategy to address this They are frustrated that the citizens of western Erie County (Springfield,
issue. Fairview, Girard and Lake City) have had little participation in the Coastal
Steering Committee. The citizen appointees had not been named; therefore, they
Comment feel no sense of due process or clear access to the planning-supervisory process.

- Transportation - Rail transportation has steadily deteriorated and Response
must be improved if the vitality of the Port is to be maintained or
increased. The citizen appointees will be named by the Township Managers prior to
approval of the PCZMP. Two citizen representatives from each municipality
Response will be appointed. This will give the Western Study Area Committee a total
of eight citizen appointees.
The Commonwealth has identified a deficiency in its port facilities, and
also the inadequacy of surface transportation relating thereto. In an effort Comment
to improve the future development and growth of the Ports of Erie and Delaware
Estuary, the PCZM will provide funds and other pertinent resources to support He stated that the zoning requirements and setback regulations do not
long-range, comprehensive planning. Various modes of surface transportation adequately handle the problem of overcrowding in the Trout Run corridor by
will be looked at as well as other areas related to revitalizing the coastal fishermen during the salmon spawning runs, and that he has not found a way
ports of the Commonwealth. to be involved in addressing this issue.

Comment Response
- Utilities - The PCZMP does not address the issue of hazardous wastes The Bluff Recession and Setback Regulations were not designed to overcome
associated with the utilities industries and how to maintain the the problem of overcrowding by fishermen in the Trout Run Corridor. However,
integrity of the estuaries and streams. These areas become dumping as this becomes a significant problem, the PCZMP will work with the local CZSC,
grounds for utility wastes. local planning authorities, and the Pennsylvania Fish Commission to resolve
this problem.
Response
The PCZMP will address the issue of hazardous waste disposal through the
monitoring of water quality permits issued pursuant to the Clean Streams Law. Paul Knuth

(7/2/80)

Lillian Tate Comment

(7/2/80) Read a prepared statement with comments relative to the following areas:
hazard zone occupance, shore access, and program management.
Comment
Hazard Zone Occupance - Deficiencies in the Bluff Setback legislation
She visits the area during the summer and is having problems with shoreline and, hence, local ordinances to implement the legislation include the
erosion. Requested information or assistance on the amelioration of erosion fact that the ordinances do not deal with activities (or structures)
impacts. in the beach zone, nor does it regulate or control activities on the
bluff face. In both instances, structural measures aimed at decreasing
Response site problems complicate erosion downdrift. The problems are minimized
because of the Dam Safety and Encroachments Act and by the COE's regula-
The PCZMP has provided information and technical assistance, as requested. tory programs.
VIII - 71 VIII - 72

Response
Response Plans to increase coastal recreational facilities are underway, with funds
The Commonwealth intends to use the Bluff Recession and Setback Act to being provided by the PCZMP.
control structures from the landward extent of the erosion hazard area to the
toe of the bluff. The Commonwealth is able to control activities up to the
high water mark of Lake Erie under the Dam Safety And Encroachments Act. Any
remaining area above the high water mark and below the toe of the bluff is He believes the PCZMP will preclude crisis decisionmaking, and that Federal
subject to the Floodplain Management Act. grants are important elements to local governments' participation. He related
a case example of a study which led to a mutual land exchange between the Warner
Comment Company and Falls Township which benefitted both parties. The township gained
a recreational facility and the industry improved its manufacturing capability.
- Shore Access - The program provides for an opportunity to acquire The Delaware River must be made available for both industry and public access.
and develop sites for public access. Concerned citizens, local
officials and Regional Steering Committee should ensure that the Response
highest priorities of coastal management are met.
A large percent of the Delaware Estuary coastal zone is committed to
Response industrial activities. Efforts are underway to improve the recreational
and public access opportunities along the Delaware River. The PCZMP is cur-
PCZMP will solicit these during 306 implementation. rently funding two access projects - Marcus Hook Burough and Falls Township
- related to determining the feasibility of improved recreational opportuni-
Comment ties by providing access to the Delaware River waterfront. Also, the PCZMP
is presently funding a fisheries management study to determine appropriate
- Program Management - Indecisiveness and hesitancy of OCZM in pro- methods for improving recreational fishing along the Delaware and Erie shore-
moting guidelines and criteria to severely reduce the efficiency lines. The project is being carried out by the Pennsylvania Fish Commission.
and overall benefits of the CZM program. Failure of OCZM to es-
tablish consistent and constant guidelines in the past has led to Comment
unnecessary confusion and suspicion.
Local governments cannot handle shoreline problems by themselves. CZM
Response is a joint program from which all will benefit.

The Regulations have been the same with minor changes since 1977, and Response
precisely the same since 1978. All criteria of the State CZM program approved
by OCZM have been under these specific standards. The PCZMP will provide a joint effort for managing the Commonwealth's
coastal resources. As a result of program implementation, funds and technical
assistance to State and local governments will enhance the State's ability
to jointly preserve and protect its coastal resources, while allowing coastal
Township of Falls, Bucks County development to take place.

(J.J. Desmond, Township Manager, 7/1/80) Comment

Respresents Board of Supervisors and Citizens of Falls Township (Population 43,000) Strongly recommends approval of the PCZMP.
Response
Comment
Comment No response needed.
Favors the concept of the Pennsylvania Coastal Zone Management Program.
The PCZMP favors a concept which is compatible for industry and recreation.
Bucks County has a shoreline of 10 miles with two major industries located
alBucks County has shoreludine of 10 mteel and with two majoarner Compaindustries located Provided OCZM with a copy of resolution signed by the Board of Supervisors
along the shoreline, including U.S. Steel and the Warner Company. There are
no municipal recreational facilities available at this time. urging program approval, and a draft report on the proposed Waterfront and Marina.
Response

No response needed.
VIII - 73 VIII - 74

O � �~~~~~~~~~~~~~~~~~~~~si

Charles C. Kolb Philadelphia Port Corporation

(7/2/80) (Ronald Petrofsky, 7/1/80)

Comment
Comment
The DEIS prepared on the PCZMP is a useful initial compendium which addres- In principle. the Philadelphia Port Corporation agrees with the goal of
ses a set of problems which are of concern to many citizens of the Commonwealth
of Pennsylvania and neighboring states. blne s ftecatlzn ra
of Pennsylvania and neighboring states. ~~~~~~the Pennsylvania Coastal Zone Management Program as an effort to achieve a
balanced use of the coastal zone area.
Response Response

No response needed. No response needed.

Comment Comment

While the public hearings on the proposed PCZMP were not well-publicized,
they, along with written comments submitted to OCZM, should ultimately streng- e re areas differe nces of the wate Desowre an d bylthe
then the program and eventually result in a viable FEIS approved by the draft re a s and the ram ofety and roaces acte
Governor and OCZM.
Governor and DCZM. ~~~~~~~~~~~~~~~~draft regulations for the Dam Safety and Encroachments Act.

Response Response
The State and OCZM publicized the hearings in accordance with CEQ's guide- OCZM assumes this comment is in reference to the amount of traffic on the
lines. Hearing notices were placed in the Philadelphia Inquirer, the lAva gia Delaware and Schuylkill Rivers. The Dam Safety and Encroachments Act applies
Bulletin, the Erie Mornin Newstand Federal Register, while of t statewide and permits issued by the State are subject to provisions of the
heaWee osedatpuli lbrris ng bohciis Also, OCZM included
hearings were pasted at pubic cities.Also, inbothciies. Act, which includes impacts on navigation as well as public health, safety
a notice of both hearings in each copy of the DEIS before distribution was
made. An additional set of hearings will be held by the Commonwealth during
the FEIS thirty-day review period.
Cormment It is refreshing to note that the Pennsylvania Coastal Zone Management
Plan addresses the necessity for port activity and development as specified
A major oversight in the DEIS is omission of prehistoric/protohistorical in policy VII-I and VII-I1 which recognizes the economic advantages of port
cultural resources, including archaeological sites. These comments are specific development.
to Erie County only, but have important Implications for the Delaware Estuary
coastal area. Response
Response An additional policy related to port and economic development has been
added to the FEIS (see Policy VII-3).
The PCZMP agrees that archaeological sites are significant, and have made
changes to its policy on historic preservation to reflect this (see Part II,
Chapter 2, Policy VI of the FEIS).
We have staunch reservations with regard to the method of permit granting
Comoment which presents an impediment to the development, rehabilitation and maintenance
of maritime trade facilities in the Delaware estuaries. These problems, how-
The FEIS should include a section relating to archaeological resources as ever, are not insurmountable, and efforts are underway to continue working
with officials of the DER to resolve the differences.

Response

Policy VI. Historic Preservation has ben rewritten to include archaelo-
gical resources as well as historic ones.

VIII - 75 VIII - 76

Response

The PCZMP DEIS does not cite a "one stop" permit siting process. Rather,
the program will be working on a permitting simplification process. This pro-
cess is designed to facilitate the current permitting procedures, and thus
the decisionmaking, but it is not and should not be designed to influence
the outcome of the existing siting procedure.

Comment

The Keystone Alliance urges that all energy related funds and policies
be used to develop and encourage alternative energy programs. The fewer
adverse impacts we make upon our environment with our energy supply system,
the more our air and water will be able to absorb the inevitable effluents
from further coastal developments.

.Response

Development of alternative sources of energy are beyond the scope of the
PCZMP. However, alternatives for siting any types of energy facilities
subject to the regulation authroities of the PCZMP will be considered.

Vill 79

Comment
Response
The PCZMP fails to distinguish the difference between energy needs and
The permit review and issuance/denial process as described in Chapter 4 demands. It assumes an increase in overall energy needs when in reality many
of the DEIS should not present an impediment to coastal economic development electric customes used less than in the previous year. This provides us with
activities, provided performance standards of regulatory authorities are met. an opportunity to look at our future energy needs for new ways that are less
The regulatory aspects of the PCZMP apply statewide and therefore must be polluting than conventional methods of energy generation.
adhered to. However, in its first year of program implementation, the PCZMP
will conduct a review of its permit review and issuance process. The major
objective of the review will be to simplify and improve upon the permit
application, issuance procedures, and monitoring activities of all permits. The projections quoted by the Program are to demonstrate that at some time
in the future additional energy facilities will be needed in the coastal zones,
The Pennsylvania DER, lead agency for the PCZMP, will continue to work and hence the need for a policy to ensure that they are sited in an environ-
to overcome impediments to port activities in the Delaware estuary, through mentally responsible he need for a policy age ent program covers they are sited in an environ-
consideration of delegation of portions of the State's permitting authorities, well as the Delaware Estuary coastal zone, and even rs the Lake Erie as
under the Dam Safety and Encroachments Act, to the City of Philadelphia. indicate that at some time in the future new energy facilities will be needed
in the coastal zone; hence the need for the policy. It may not be as soon
as the projections the program quoted indicate, but it is still likely to
Keystone Alliance occur.

(Jacqueline Rattenberg, 7/1/80) Comment
It is desirable for the PCZMP to include standards beyond those of the
Comment PUC and other regulatory bodies, which only consider the forms of energy al-
ready offered by the utilities from centralized locations.
The Keystone Alliance is primarily an Anti-Nuclear Power Citizen Group,
but is concerned with energy issues in general. Response
The PCZMP is a management program based on existing authorities, designed
Response to address coastal related issues. This issue is not coastal related, and what
is recommended is beyond the scope and intent of the management program. The
program will, however, closely monitor any energy facility siting to insure
adherence to air and water quality standards.
Comment

The PCZMP contains conflicts in its priorities of preserving the "clean Comment
air and water goals" in coastal areas and simultaneously planning for the The impact of the Limerick nuclear power plant, now being constructed at
projected future of energy generating plants. Pottstown by PECO, is not mentioned in the PCZMP DEIS.
Response Response

The PCZMP acknowledges the need for future energy facilities, and has The Limerick site is not in the coastal zone. Any impacts the plant may
developed a policy (VIII-1) which is designed to ensure that the development have on coastal resources will be closely reviewed by the management program
of future energy facilities occurs in a manner that does not conflict with through its review process of permits referenced in these policies and in
clean air and water quality goals. Further, the Commonwealth, through State Part 11i Cha pter 4 of the FEISp
law, has incorporated the requirements of the Federal Water Pollution Control
Act and the Clean Air Act into the PCZMP. Any action or proposal which
would violate State air and water quality laws and regulations is considered
to be inconsistent with the PCZMP. The PCZMP will review and monitor air No more such capital intensive projects should be allowed through the CZM
and water quality permits in accordance with the process outlined in Part "one stop" siting procedure.
II, 4-7 of the FEIS, clean air and water quality goals.

VIII - 78
VIII - 77

0 0 0)