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e-Permitting for Chapter 105 General Permits, Water Obstructions and Encroachments

Effective January 10, 2019, inquiries and correspondence regarding new permit applications, reporting, and compliance matters related to sites in Armstrong and Indiana Counties should be directed to DEP’s Northwest Regional Office. Questions on permit applications under review as of January 9, 2019, and pending enforcement matters for Armstrong and Indiana Counties should be directed to DEP’s Southwest Regional Office. Inquiries can also be directed to RA-epcontactus@pa.gov.

Mining and Radiation Protection permits and programs are not affected by this regional office change. 

As part of Governor Wolf’s commitment to improve the permitting process, the Department of Environmental Protection (DEP) has launched an e-permit for Chapter 105 Wetland and Waterway Obstruction and Encroachment General Permits to make application submittal and review more efficient and enable faster responses to applicants.

Timing of Access to e-Permit:

DEP began accepting Chapter 105 registrations/applications for General Permits for various types of water obstruction and encroachments through the e-permitting system in October 2018. The DEP is transitioning away from paper to online electronic permit applications.

Opportunity for Input While in Beta:

The e-permit application is fully functional and available for use to submit general permit applications, but it is in a “beta” test phase. We are creating an opportunity for users to provide feedback. Applicants are encouraged to send comments and suggestions on the e-permit to a dedicated email account: ra-epbweweperdwe105@pa.gov. All messages will be reviewed and considered for future improvements. We intend to use this input to perfect a tool that creates transparency, consistency, efficiency and speeds up the process.

Greenport and EFA Registration and Instant Access:

Beginning September 19, 2019, DEP unveiled Instant Access for Chapter 105 General Permit ePermitting. Users may now register for a Greenport Account, fill out their EFA form electronically, and then begin and submit a Chapter 105 application immediately.

Unless one has already been created, a prospective user will need to create a GreenPort account to access e-permitting. Regardless of how many DEP Bureaus a user would like to submit permit applications to, only one GreenPort account is necessary. However, a user will need separate permissions for some DEP e-permits. The Chapter 105 General Permit e-permit is one such application which requires separate permissions. Once an account is created, the user will need to complete the EFA form online by completing the DEP New Client Registration.

Note: Beginning September 19, 2019 completion of the Electronic Filing Administrator Registration and Security Agreement for E-permitting form will no longer be accepted by e-mail. This has been replaced by the online process.

User information from the New Client Registration will require DEP verification, and the proper connections will be made from the user’s GreenPort account to existing records in the Pennsylvania’s Environment Facility Application Compliance Tracking System (eFACTS), if any. A user may create and submit a new General Permit Registration while the EFA Client registration is being reviewed and completed by DEP. Potential users having problems creating a GreenPort account should call the DEP Service Help Desk at 717-787-4357.

Note: It is important to note that only application/registrations for Chapter 105 General Permits through e-permitting will be accepted. Prospective applicants for projects requiring a standard permit, a small project application, or an Environmental Assessments (EA) will continue using the Department of Environmental Protection and Department of Army Corps of Engineers (Baltimore, Philadelphia, and Pittsburgh Districts) Joint Application for Pennsylvania Chapter 105 Water Obstruction and Encroachment Permit and U.S. Army Corps of Engineers Section 404 Permit, Document # 3150-PM-BWEW0036A.

The DEP or delegated Chapter 105 county conservation districts will continue to review the Chapter 105 General Permit applications/registrations for completeness and eligibility. The DEP or a Chapter 105 delegated county conservation district can only authorize activities when the activity meets the terms and conditions of the Chapter 105 General Permit. Therefore, it is imperative that potential applicants read the terms and conditions of the Chapter 105 General Permit(s) for which they are applying (see links below). Confirming that the activity meets the terms and conditions will result in quality applications and shorter timeframes for DEP or delegated county conservation district review and authorization.

Webinar/Training Recordings:

On September 17, 2018, the DEP held an Electronic Filing Administrator (EFA) and Applicant Training webinar during which a presentation was provided, and questions were taken. The recorded session, along with the recorded question and answers, is available here:

Note: These sessions do not reflect changes made to the EFA process, Instant Access, made September 19, 2019.

e-Permitting User Guides:

Getting Started in Chapter 105 General Permit e-permitting - User Guides, Supplement and Summary

e-permitting Electronic Administrator User's Guide for Chapter 105 General Permit Registrations

e-permitting Greenport Operator User's Guide - for Chapter 105 General Permit Registrations

Alternative of Paper Applications Continues:

Use of e-permitting is preferred and encouraged. However, in addition to the launch of the electronic permit application, the DEP will accept paper applications to accommodate those whose only option is a paper form. The paper application will remain an option until we're confident the online application is usable and reasonably accessible to the regulated community.

Chapter 105 General Permit Types:

GP-1 Fish Habitat Enhancement Structures, 3150-PM-BWEW0501

GP-2 Small Docks and Boat Launching Ramps, 3150-PM-BWEW0502

GP-3 Bank Rehabilitation, Bank Protection, and Gravel Bar Removal, 3150-PM-BWEW0503

GP-4 Intake and Outfall Structures, 3105-PM-BWEW0504

GP-5 Utility Line Stream Crossings, 3150-PM-BWEW0505

GP-6 Agricultural Crossings and Ramps, 3150-PM-BWEW0506

GP-7 Minor Road Crossings, 3150-PM-BWEW0507

GP-8 Temporary Road Crossings, 3150-PM-BWEW0508

GP-9 Agricultural Activities, 3150-PM-BWEW0509

GP-10 Abandoned Mine Reclamation, 3150-PM-BWEW0510

GP-11 Maintenance, Testing, Repair, Rehabilitation or Replacement of Water Obstructions and Encroachments, 3150-PM-BWEW0511

GP-15 Private Residential Construction in Wetlands, 3150-PM-BWEW0515

Fees:

Fees for the various Chapter 105 General Permits may be determined by utilizing the Chapter 105 Fee Calculation Worksheet, 3150-PM-BWEW0553

Chapter 105 General Permit Source Files:

Exhibit A – Offices of the Pennsylvania Fish and Boat Commission 3150-PM-BWEW0500A

Exhibit B – Regional Offices of DEP and US Army Corps of Engineers District Offices 3150-PM-BWEW0500B

Exhibit C – County Conservation Districts 3150-PM-BWEW0500C

PASPGP-5 Review Checklist 3150-PM-BWEW0051

Aquatic Resources Impact Table 3150-PM-BWEW0557