Based on the correspondence referenced in the attached Lake Sinca Dam (D45-238) Permit Review document: It appears the Division of Dams and Encroachments (Division of Dam Safety) received an application, plans, specifications, and application fee payment for a project at Lake Sinca Dam in 1965. Multiple iterations of revisions were made to the plans. The project was ultimately approved by the Division of Dams and Encroachments by letter dated October 11, 1968. A permit was not issued.
At that time, per the Water Obstructions Act of June 25, 1913 (P.L.555, No.355 Act), dams having a contributory drainage area of less than one-half square-mile were not required to receive a written permit for the construction operation and maintenance of the dam. The 1913 Water Obstructions Act was superseded by the Dam Safety and Encroachments Act of 1978, Nov. 26, P.L. 1375, No. 325. The Dam Safety and Encroachments Act (DS&E Act) changed the regulatory thresholds for permit requirements to all dams with a contributory drainage area that exceeds 100 acres must receive a written permit to operate and maintain a dam. The DS&E Act also states the owner of an existing dam that does have a permit issued under the 1907 Act or the 1913 Act must apply and receive a permit for the operation and maintenance of the dam on or before January 1, 1981. The DS&E Act is the most current regulatory statute.
Since a permit was not issued under the 1913 Water Obstructions Act, the owner of the dam is required to apply and obtain one per §105.11 (c):
“The owner of an existing dam, water obstruction or encroachment who does not hold a permit issued under the act of June 8, 1907 (P. L. 496, No. 322) or the Water Obstructions Act shall apply for and receive a permit to operate and maintain the facility under the act on or before January 1, 1981. For purposes of this subsection, a limited power permit issued under the Limited Power and Water Supply Act will be deemed to have been issued under the Water Obstructions Act. These projects shall comply with the operating, maintenance, monitoring and other requirements established under the act.”
We received an Operation and Maintenance Application for a Dam Permit in 2016. It does not appear the current condition of the dam meets the regulatory requirements; therefore, the Department wouldn’t be able to issue the requested Operation and Maintenance Permit until the dam is rehabilitated. The rehabilitation project will require a Modification Application for a Dam Permit. We discussed this with the Application Engineer in June of 2023 and are awaiting a response from them. The Department recommends scheduling a conference call with us to go over the current condition of the dam and the permitting requirements.
Sincerely,
Curtis N. Brown, P.E. | Chief
Eastern/Construction, Inspection and Monitoring Section
Division of Dam Safety
Department of Environmental ProtectionRachel Carson State Office Building400 Market Street | Harrisburg PA 17101Phone: 717.783.7917 | Fax: 717.772.0409
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