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The Commission shall submit recommendations and findings to the sponsoring agency which shall be included in any report submitted by such agency to its respective legislative body or to any committee thereof in connection with any request for authorization or appropriation therefor. Commission review and approval shall be required prior to construction or operation of any government project within $ 803.3 that is not subject to specific authorization or appropriation by a legislative body. The Commission review will ascertain the projects' compatibility with the objectives, goals, guidelines and criteria set forth in the Comprehensive Plan.

$ 803.2 Definitions.

(a) These words shall be defined as follows unless otherwise indicated.

(1) Basin. The Susquehanna River Basin.

(2) Construction. Clearing or excavation of the site, including the driving of piles, construction of roadways and railroad spurs, and the pouring of the foundation for, or the installation of any portion of the project on the site.

(3) Project. Any work, service, activity, or facility undertaken which is separately planned or financed for the conservation, utilization, control, development, or management of water resources which can be established and utilized independently, or as an addition to an existing facility, and can be considered as a separate entity for purposes of evaluation.

(4) Signatory party. The States of Maryland, New York, Commonwealth of Pennsylvania, and the Federal government.

(5) Signatory State. The States of Maryland, New York, and Pennsylvania.

(6) Sponsor. Any person, group of persons, association, corporation, or government entity proposing a proj. ect.

(7) Susquehanna River Basin. The area of drainage of the Susquehanna River and its tributaries into Chesapeake Bay to the southern edge of the Pennsylvania Railroad bridge between Havra de Grace and Perryville, Maryland.

Subpart D-Standards for Review Sec. 803.60 Purpose of this subpart. 803.61 Consumptive uses of water.

AUTHORITY: Sec. 3.4(9), 3.10, and 15.2, Pub. L. 91-575, 84 Stat. 1509 et seq.

SOURCE: 39 FR 41973, Dec. 4, 1974, unless otherwise noted.

Subpart A-Introduction

$ 803.1 General.

(a) The Review of Projects is one of four major elements of the Commission's program and planning system. Other major elements are the Comprehensive Plan, the annual Water Resources Program and Intergovernmental Relationships; all provided for in the Susquehanna River Basin Compact (hereinafter referred to as the Compact") 88 14.1, 14.2 and 12.1 et seq., respectively. The Commission will utilize the four elements, as appropriate, to advance its purpose set forth in the Compact.

(b) This part establishes the scope and procedures for Review of Projects. Section 3.10 of the Compact provides the authority for Commission Review of Projects. In general, it provides that the Commission's review authority extends to (1) projects that may result in a significant interstate effect on the water resources of the Basin and (2) projects that would affect immediate and long-range alternatives for the management, development, conservation, or utilization of the Basin's water resources.

(c) No person, group of persons, association, corporation or other nongovernmental entity shall begin construction or operation of any project affecting the water resources of the basin as set forth hereafter prior to review and approval by the Commission of the project.

(d) Proposals for projects that come within $ 803.3 Projects Requiring Review, set forth hereafter, of the Federal government, and the signatory states, their political subdivisions, and public corporations shall be submitted to the Commission for a period of ninety days or such longer time as may be requested by the Commission.

30-039 O - 78 - 36

(8) Water(s). Surface and under drawals, does not exceed at any point ground water(s) contained within the 25 percent of the seven (7) day, twenty Susquehanna River Basin.

(20) year low flow.

(6) Withdrawals by a user totaling $ 803.3 Projects requiring applications.

100,000 gpd or less from groundwater (a) Sponsors proposing the following sources. projects shall file an application in ac (c) Any discharge authorized by the cordance with Subpart B of this part. rules, regulations, or a permit of a sig.

(1) Any physical facility on or cross- natory party. ing the boundary between any two sig (6) Any project with a life expectannatory states.

cy of ten or more years designed to (2) Any project involving either the satisfy a water resource related need. consumptive use of water (as described This includes projects such as: Dams, in 8 803.61), or the transfer of water levees, walls, or channel modifications. into or from the basin.

(i) Exemptions: (3) Any proposal to change inter

(a) Farm ponds. state water quality standards or crite

(6) Levees, walls and channel modifiria. (4) Any project within a signatory stream clearance activities conducted

cations less than 500 feet in length or State that has the potential to affect

in accordance with Commission guidewaters within another signatory State. lines. This includes but is not limited to pro

(c) Dams which control a drainage jects which have the potential to alter

area of less than ten square miles the physical, biological, chemical, or

except for water supply dams develophydrological characteristics of water

ing less than 80 percent of the one and related natural resources of the

hundred eighty (180) day average following streams and/or their tribu

annual low flow if such low flow is taries:

greater than 100,000 gpd. (i) Between New York and Pennsyl

(7) Any project or projects not invania

cluded in paragraphs (a)(1) through Apalachian Creek, Bentley Creek, Bulkley (6) of this section determined by the Brook, Camp Brook Creek, Cascade Creek, Commission to have a potential adCayuta Creek, Chemung River, Choconut

verse, adverse cumulative, or interCreek, Cowanesque River, Denton Creek,

state effect on the water resources of Holden Creek, Little Snake Creek, Seeley Creek, Snake Creek, South Creek, Susque

the basin; Provided, That the project hanna River, Tioga River, Troups Creek,

sponsor is notified in writing by the Trowbridge Creek, Wappasening Creek, Commission that an application is reWhite Branch.

quired. (ii) between Pennsylvania and Mary

(b) If a sponsor is uncertain whether land

an application should be filed with the

Commission the sponsor may request Big Branch Deer Creek, Broad Creek, and, within thirty days after submisConowingo Creek, Deer Creek, Falling

sion of information in such form and Branch Deer Creek, Long Arm Creek,

manner as will allow the Commission Muddy Creek, Octoraro Creek, Scott Creek, South Branch, Conewago Creek, Susque

to make the determination, receive hanna River.

from the Commission a letter stating

whether an application is required. (5) Any project which requires the

(c) For additional application and commitment of water to a specific use

review procedures for projects, see for a period of time longer than ten

Subparts B and C of this part. years. This includes but is not limited to projects involving such activities as (39 FR 41973, Dec. 4, 1974, as amended at 41 discharge into or withdrawal from sur FR 43135, Sept. 30, 1976) face or underground water. (i) Exemptions:

8 803.4 Projects requiring review. (a) Withdrawal of one MGD or less (a) As determined from applications from any surface stream provided it, or otherwise, the Commission shall in conjunction with all other with review and take appropriate action on

the following proposed projects within the Susquehanna River Basin.

(1) Any physical facility on or crossing the boundary between any two signatory states.

(2) Any project involving either the consumptive use of water (as described in 803.61), or the transfer of water into or from the basin.

(3) Any project within a signatory state found and determined by the Commission to have a significant effect on water within another signatory state or upon the Comprehensive Plan.

(b) Any project or projects determined by the Commission or by a signatory party to cause an adverse, adverse cumulative, or an interstate effect on the water resources of the basin; Provided, The project sponsor has been notified in writing by the Commission or a signatory party that Commission review and action is required (39 FR 41973, Dec. 4, 1974 as amended at 41 FR 43135, Sept. 30, 1976)

8 803.6 Effective date.

(a) Review by the Commission shall not be required for any project which, prior to the effective date of this part, has (1) been issued a permit by a sig. natory party allowing completion through the project's final construction phase, or (2) commenced operation or been issued a permit by a sig. natory party allowing it to commence; unless, the project's sponsor is notified as provided in 8 803.4(b).

(b) This part shall become effective June 1, 1975.

Subpart B-Application Procedure

$ 803.20 Purpose of this subpart.

The purpose of this subpart is to set forth procedures governing applications required by $ 803.3.

$ 803.5 Review by Signatory Parties of

Projects of Concern to the Commis

sion. (a) The Commission recognizes that agencies of the signatory parties will exercise their review authority and evaluate many proposed projects in the Basin. The Commission will develop guidelines to assure compatibility between signatory review and Commission review.

(b) To avoid duplication of work and to cooperate with other government agencies the Commission will develop agreements of understanding in accordance with these guidelines with appropriate agencies of the signatory parties regarding joint review of projects and acceptance of signatory review. These agreements may provide for joint efforts by staff, delegation of authority by an agency or the Commission, or any other matter to support cooperative review activities. Permits issued by a signatory agency shall be considered Commission approval if issued pursuant to an agreement of understanding with the Commission specifically providing therefor.

8 803.21 Preliminary consultations.

(a) Any sponsor of a proposed proj. ect that is subject to the Commission's review jurisdiction under $ 803.4 is encouraged, prior to making application for Commission review, to request a preliminary consultation with the Commission staff for an informal discussion of preliminary plans for the proposed project. To facilitate prelimi. nary consultations, it is suggested that the sponsor provide a general description of the proposed project, the project site and, to the extent available, data concerning dimensions of any proposed structures and the environmental impacts.

(b) Preliminary consultations shall be optional with the project sponsor and shall not relieve the sponsor from complying with the provisions of the Susquehanna River Basin Compact or with these Rules and Regulations.

8 803.22 Submission of application.

(a) Projects requiring a permit or other form of regulatory approval from a state or federal agency having authority regarding water resources use, development, control and conservation.

(1) The sponsor of the project shall make application to the agency in the manner prescribed by the agency.

(2) It shall be the responsibility of (vi) Plans for avoiding or compensatthe agency to transmit a copy of the ing for consumptive use during low application to the Commission.

flow periods. (b) Projects not subject to the juris (vii) Current conditions and anticidiction of the above agencies.

pated impact of the proposed project (1) The sponsor of the project shall, on the following: prior to the time the project is under (a) Flood Damage potential: taken, make application to the Com (1) Location of project with respect mission for review. The application to the flood plain and flood hazard shall be submitted to the Commission zones. at its headquarters, and shall contain (6) Groundwater characteristics: the information prescribed in $ 803.23. (1) Quality.

(2) Existing water table, $ 803.23 Contents of application.

(3) Groundwater flow. (a) Projects requiring a permit or (4) Safe yield. other form of regulatory approval (5) Natural recharge. from a state or federal agency having (c) Surface water characteristics: regulatory authority regarding water (1) Quality. resources use, development, control (2) Quantity. and conservation.

(3) Flow regimen. (1) The sponsor of the project shall (4) Other hydrologic characteristics. make application to the agency in the (d) Recreation Potential. form prescribed by the agency.

(e) Fish and Wildlife: (b) Projects not subject to the juris (1) Habitat quality. diction of the above agencies.

(2) Kind and number of species. (1) The sponsor's application shall Natural Environment Uses: address the aspects pertinent to the (1) Scenic vistas. project listed in paragraph (c) of this (2) Natural and man-made travel section.

corridors. (2) A report(s) about the project pre (3) Wild and wilderness areas. pared for any other purpose will be ac (4) Wild, scenic and recreation cepted by the Commission; Provided, rivers. The report(s) addresses the aspects (g) Site development considerations: pertinent to the project listed in para (1) Geology. graph (c) of this section.

(2) Topography. (c) The sponsor's application shall (3) Soil Characteristics. address those aspects contained in the (4) Adjoining and nearby land uses. following list if applicable to the proj (5) Adequacy of site facilities. ect.

(h) Historical, cultural and archae(1) Identification of sponsor(s) and ological name of person to contact authorized (3) Governmental considerations: to speak for the sponsor.

(i) Need for governmental services or (2) Description of project and site in finances. terms of:

(ii) Commitment of government to (i) Engineering feasibility.

provide services or finances. (ii) Willingness of sponsor(s) to fund (iii) Status of application with other the project or action.

governmental regulatory bodies. (iii) Identification and description of (4) Project completion date. reasonable alternatives, the extent of their economic and technical investi

$ 803.24 Notice of receipt of application. gation, and an assessment of their po The Commission shall promptly tential environmental impact.

issue a notice to area and regional (iv) Supporting studies, reports and news media that an application has other information upon which as been received. sumptions and assertions have been based.

$ 803.25 Staff review. (v) Compatibility of proposed proj The Commission's staff shall review ect with existing and anticipated uses. the application, and if necessary, re

quest the sponsor to provide any additional information that is deemed pertinent for proper review of the project. The staff review shall include:

(a) Determination of completeness of the application.

(b) Identification of the issues. (c) Assessment of the project.

(d) Consultation with sponsor-if requested.

(e) Report of findings and recommendations to Commission.

position without specifically favoring or opposing the project. Statements shall be made a part of the record of the hearing, and written statements may be received up to and including the last day on which the hearing is held, or within a reasonable time thereafter as specified by the presiding officer which time shall be not less than two weeks nor more than four weeks, except that a longer time may be specified if requested by a participant.

(b) Participants (except the project sponsor and the Commission staff) are encouraged to file with the Commission at its headquarters written notice of their intention to appear at the hearing. The notice should be filed at least three days prior to the opening of the hearing.

Subpart C-Public Hearing Procedure

8 803.40 Public hearing requirement.

A public hearing shall be conducted if the Commission determines that (a) the project should or must be included in the Comprehensive Plan, (b) a hearing is requested by a signatory party, or (c) a hearing is necessary for proper evaluation of the project. Hearings will be held whenever, in the judgement of the Commission, substantive requests or questions are received that are related to public safety, protection of the environment, or other important societal factors.

8 803.41 Notice of public hearing.

At least thirty days before any public hearing, notices stating the date, time, place and purpose of the hearing including issues of interest to the Commission shall be published at least once in a newspaper or newspapers of general circulation in the area affected, posted at the office of the Commission, and mailed to persons, organizations and government agencies who have made written requests to the Commission for notices of hearings or of a particular hearing; the Directors of the Federal Register, Pennsylvania Bulletin, and the Maryland Register for publication.

8 803.43 Representative capacity.

Participants wishing to be heard at a hearing may appear in person or be represented by an attorney or other representative. A public agency or a local government may be represented by one of its officers, employees or by a designee of the public agency or local government. Any person intending to appear before the Commission in a representative capacity on behalf of a participant shall give the Commission written notice of the nature and extent of their authorization to represent the person(s), public agency or local government on whose behalf they intend to appear.

$ 803.44 Description of project.

When notice of hearing is issued, there shall be available for inspection at the Commission offices such plans, summaries, maps, findings, statements, orders or other supporting documents which explain, detail, amplify, or otherwise describe the project the Commission is considering. Instructions on where and how the documents may be obtained will be included in the notice.

$ 803.42 Participants to a public hearing.

(a) Hearings shall be open to the public. Participants to a public hearing shall be the project sponsor and the Commission staff. Participants may also be any person or public agency wishing to appear at the hearing and make an oral or written statement. Statements may favor or oppose the project or may simply express a

$ 803.45 Adjudicatory hearing.

The Commission, upon application by any interested party and in its absolute discretion, may determine that any hearing or additional hearing

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