Section 105.381. Location of dredging

(a) Dredging may not occur within 500 feet of a bridge pier or abutment.

(b) Dredging may not occur within 5000 feet above a public water supply intake unless the applicant can satisfactorily demonstrate to the Department that drinking water standards for turbidity will not be exceeded and no other adverse effects on the operations of a water user will occur. Water supplies within 5 miles downstream of the dredging operation shall be notified of proposed dredging or start up, or both, of operations. The applicant/permittee shall provide proof of the notification.

(c) Dredging may not occur within a distance of the channel or island shore line at normal pool less than the depth of the dredging, but in no event, less than 125 feet.

(d) Dredging may not occur in reaches of streams where water levels are controlled by dams if the water depth is less than 6 feet at normal pool.

(e) Dredging may not occur in, encroach upon or cause siltation in areas of riffles or shallow pools whenever the areas are contributing to the sustenance of game fish or endangered species in a free-flowing reach of a stream. Game fish includes species and varieties defined as such by 30 Pa.C.S. § 102 (relating to definitions). Endangered species include those species so defined by the Fish Commission, under 30 Pa.C.S. § 102 or defined by 50 CFR 17.12 (relating to endangered and threatened plants). A free-flowing reach of a stream includes a reach, segment or area of a stream except where a pool has been created by a dam.

The provisions of this § 105.381 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843; amended October 11, 1991, effective October 12, 1991, 21 Pa.B. 4911. Immediately preceding text appears at serial pages (117724) to (117725).

Notation

Authority

The provisions of this § 105.381 amended under the Dam Safety and Encroachments Act (32 P. S. § § 693.1–693.27); The Clean Streams Law (35 P. S. § § 691.1—691.1001); section 7 of the act of June 14, 1923 (P. L. 704, No. 294) (32 P. S. § 597); sections 514, 1901-A, 1908-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 194, 510-1, 510-8, 510-17 and 510-20); and the Flood Plain Management Act (32 P. S. § § 679.101—679.601).

Notes of Decisions

In remanding and ordering a new trial to determine whether a dredging company violated its permit by dredging too close to shore, the Court noted that the Department of Environmental Resources is authorized to impose conditions which preclude dredging within an established distance from the shore and that such conditions under statute and regulations, 71 P. S. § 510-8 and 25 Pa. Code § 150.381(c), impose a binding duty of care upon parties to a dredging contract. Hawthorne v. Dravo Corp. 460 A.2d 266 (Pa. Super. 1983).