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Chapter 105 Update
SWEP Capital Chapter’s
PA DEP Annual Regulatory Update Seminar
January 23, 2020
Tom Wolf, Governor Patrick McDonnell, Secretary
• Chapter 105 General Permit E-Permitting
• Compensatory Mitigation
• NEW 2019 PA Predictive Wetland Mapping
• Chapter 105 Regulation Revisions
Chapter 105 Regulatory Update
• Online Electronic
Filing Administrator
(EFA) Registration
went online
September 2019
• No Longer accepting
paper EFA
registrations e-
mailed to DEP
Chapter 105 GP E-Permitting
Chapter 105 GP E-Permitting
Chapter 105 GP E-Permitting
• Continuing to make improvements and corrections to the
system
• Webpage contains user guides and helpful information:
https://www.dep.pa.gov/Business/Water/Waterways/Pages/e
Permitting.aspx
• Problems?? E-mail [email protected]
Chapter 105 GP E-Permitting
• Compensatory mitigation banking is continuing to develop
• First lower Susquehanna Mitigation Bank has been
constructed
• Codorus Creek Bank – RES
• Over 8 acres of wetland created
• 10,000 linear feet of stream were restored
• Other Bank Sites being developed affecting SCRO Region
include one in Upper Juniata Watershed and one in Schuylkill
River Watershed
Compensatory Mitigation
• Modeled Wetland Mapping of Pennsylvania
• http://www.pasda.psu.edu/uci/SearchResults.aspx?Keyword=Model
ed+Wetlands
NEW Wetland Mapping
• Computer Based Modeling – Not Interpreted by a person
• More Wetland Areas Mapped than NWI
• Statewide
• Contains Two Layers
• Modeled Primary Wetlands
• Modeled Restorable Wetlands
NEW Wetland Mapping
• Previous NWI Estimate
was 404,000 acres in PA
• 2013 PA Modeled
Probability Occurrence:
1,591,012 acres
• Increase of 1,187,012 acres
NEW Wetland Mapping
NEW Wetland MappingWetland
Delineation and
Utility data
curtesy of DTE
Midstream
Appalachia Inc.
and DAWOOD
Engineers
• DEP is in the preliminary stages of Chapter 105 Reg. Revisions
• Last Comprehensive Revisions were in 1991
• Reg. Revision in 2011 for Dam Safety and in 2013 regarding fees
• General include is to clarify existing permit application
requirements, codifying existing review practices, and address
needed editorial changes and corrections
• DEP anticipates presenting to the Environmental Quality Board
in the 2nd Quarter of 2020
Chapter 105 Regulation Revisions
• Key revisions
• Update definitions
• Waiver of permit requirements
• Clarification of existing requirements for complete permit applications
• Restoration projects
• Aquatic resource compensation
• Update to dam safety criteria
• Update relating to dredge or fill material
• Status of Prior Converted Cropland
Chapter 105 Regulation Revisions
Andrew McDonald
Water Program Specialist
Bureau of Waterways Engineering and
Wetlands
717-783-2408
