32 Pa. Stat. § 820.64

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 820.64 - Designation and classification
(a) The 32-mile portion of the Lehigh River, including 13 tributary streams and related adjacent land areas, from the Francis E. Walter Dam, Luzerne County, to Jim Thorpe, Carbon County, is designated as a component of the Pennsylvania Scenic Rivers System under the Pennsylvania Scenic Rivers Act subject to the provisions of subsection (e). The boundaries of the component and of the classified segments have been defined by the Department of Environmental Resources and are shown on the map entitled "Lehigh Scenic River Study" which is on file and available for public inspection in the Bureau of Land Records, Department of Community Affairs of the Commonwealth of Pennsylvania.
(b) Segments of the component are classified as follows:
(1) Lehigh River--Francis E. Walter Dam to Bench Mark 548 at Bear Mountain, Jim Thorpe--32.80 river miles--scenic.
(2) Hays Creek--Lehigh River to Fourth Run--1.13 river miles--scenic.
(3) Sandy Run--Lehigh River to Old Railroad Grade Crossing--1.21 river miles--wild.
(4) Hickory Run--Lehigh River to Hickory Run Lake--3.90 river miles--scenic.
(5) Leslie Run--Lehigh River to Poor Man's Pond--1.32 river miles--scenic.
(6) Mud Run--Lehigh River to Panther Creek--6.24 river miles--scenic.
(7) Drakes Creek--Lehigh River to junction with unnamed tributary below Christmans--1.47 river miles--scenic.
(8) Stony Creek--Lehigh River to Yellow Run--3.06 river miles--wild.
(9) Black Creek--Lehigh River to Quakeke Creek--4.35 river miles--scenic.
(10) Bear Creek--Lehigh River to unnamed tributary below Bear Creek Dam 1400 feet elevation--3.00 river miles--wild.
(11) Little Bear Creek--Lehigh River to headwaters--1.04 river miles--wild.
(12) Glenn Onoko--Lehigh River to headwaters--.98 river mile--wild.
(13) Jeans Run--Lehigh River to headwaters to Nesquehoning Creek--2.72 river miles--wild.
(14) Nesquehoning Creek--Lehigh River to Jeans Run confluence--.73 river mile--scenic.
(c) If the Francis E. Walter Dam is modified to add water supply or hydroelectric facilities in accordance with the Delaware River Basin Comprehensive Plan as adopted by the Delaware River Basin Commission, the department is authorized to adjust the upstream limits of the designation of the Lehigh River as necessary to allow construction and operation of the facilities.
(d) Nothing in this act shall be construed to prohibit an electric line crossing within the designated segments of the Lehigh River provided the necessity therefor and environmental effects thereof have previously been reviewed and approved by the Pennsylvania Public Utility Commission and by the Department of Environmental Resources and that, if feasible, new or expanded electric line crossings are located adjacent to existing line crossings within the designated segments of the Lehigh River.
(e) The designation of the Lehigh Scenic River component by this act shall not include the following segments of land which have been determined to be a necessary corridor for highway transportation improvement or elimination of highway hazards, said segments to also be noted and shown on the map entitled "Lehigh Scenic River Study" which is on file and available for public inspection in the Bureau of Land Records, Department of Community Affairs of the Commonwealth of Pennsylvania:
(1) Carbon-Luzerne Counties:
(i) From the present intersection of L.R. 408 and L.R. 13018 westward, crossing the Lehigh River through the Lehigh River Gorge State Park, a 200 foot wide corridor symmetric to the existing center line of L.R. 408.
(ii) From the present intersection of L.R. 408 and L.R. 13018 northward along the centerline of L.R. 408 for a distance of approximately .2 mile, a width of 150 feet from the centerline of the existing road, west.
(iii) From the present intersection of L.R. 408 and L.R. 13018 southward along L.R. 13018 for a distance of .1 mile, a width of 150 feet from the centerline of the existing road, west.
(f) The right-of-way listed herein is required for construction purposes, and only as much of the above right-of-way as is necessary to maintain the transportation facilities will be retained, after construction is completed. The remainder will revert to the property owners.
(g) Any highway transportation improvement or elimination of highway hazards herein shall be in conformance with the "Guidelines to Improve the Aesthetic Quality of Roads in Pennsylvania," dated June 1978 and the design shall be mutually agreed upon by the Department of Environmental Resources and the Department of Transportation.

32 P.S. § 820.64

1982, April 5, P.L. 222, No. 71, § 4, imd. effective.