PENNSYLVANIA, May 5 - (b) The department shall approve an application for a permit

to an applicant under this section if the applicant meets all of

the following criteria:

(1) The applicant is without a sustained history of

significant permit violations under this act.

(2) The applicant takes an affirmative duty over the

watercourses, water obstructions, appurtenant works and

encroachments delineated in the permit application.

(c) Submission of a watercourse alone within the application

shall be interpreted as submitting the publicly owned water

obstructions, appurtenant works or encroachments within and

alongside the watercourse unless otherwise specified within the

permit.

(d) A permittee may amend the permit through the addition of

watercourses, water obstructions, appurtenant works or

encroachments for which a duty to maintain, inspect and monitor

shall apply with the approval of the department. The department

shall approve a request to remove watercourses, water

obstructions, appurtenant works or encroachments from the permit

when a written order to do so is provided by the permittee .

(e) A permittee may not be required to seek preapproval or

further authorization from the department for maintenance

conducted under the permit.

(f) The permit shall provide for the maintenance, inspection

and monitoring of watercourses, water obstructions, appurtenant

works and encroachments in a manner consistent with previously

prepared applicable plans, specifications, reports and designs

for the operation of any category of watercourses, water

obstructions, appurtenant works or encroachments prepared,

signed and certified by a registered professional engineer and

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