Title 25—ENVIRONMENTAL PROTECTION ENVIRONMENTAL QUALITY BOARD [ 25 PA. CODE CH. 102 ] Erosion and Sediment Control and Stormwater Management [40 Pa.B. 5294]
[Saturday, September 18, 2010][CORRECTION]
An error occurred in the final-form rulemaking adding 25 Pa. Code § 102.14(a) (relating to riparian buffer requirements) which appeared at 40 Pa.B. 4861, 4894 (August 21, 2010). The correct version of § 102.14(a) is as follows:
§ 102.14. Riparian buffer requirements.
(a) General requirements for mandatory riparian buffers.
(1) Except as in accordance with subsection (d), persons proposing or conducting earth disturbance activities when the activity requires a permit under this chapter may not conduct earth disturbance activities within 150 feet of a perennial or intermittent river, stream, or creek, or lake, pond or reservoir when the project site is located in an exceptional value or high quality watershed attaining its designated use as listed by the Department at the time of application and shall protect any existing riparian buffer in accordance with this section.
(2) Except as in accordance with subsection (d), persons proposing or conducting earth disturbance activities when the activity requires a permit under this chapter where the project site is located in an Exceptional Value or High Quality watershed where there are waters failing to attain one or more designated uses as listed in Category 4 or 5 on Pennsylvania's Integrated Water Quality Monitoring and Assessment report, as amended and updated, at the time of the application, and the project site contains, is along or within 150 feet of a perennial or intermittent river, stream, or creek, lake, pond or reservoir shall, in accordance with the requirements of this section do one of the following:
(i) Protect an existing riparian forest buffer.
(ii) Convert an existing riparian buffer to a riparian forest buffer.
(iii) Establish a new riparian forest buffer.
The remaining text of the section was accurate as printed.
[Pa.B. Doc. No. 10-1573. Filed for public inspection August 20, 2010, 9:00 a.m.]
