Earth Disturbance and


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Earth Disturbance and
Permit Requirements

Laurel Highlands Conservation

October 10, 2012

Earth Disturbance Activity

Construction or other human activity which disturbs
the surface of the land, including

clearing, grubbing, grading, excavations

embankments, land development,

agricultural plowing, tilling, animal heavy use

timber harvesting, road maintenance

oil and gas activities, well drilling

mineral extraction, moving, depositing or
stockpiling soil, rock, or earth materials

25 PA Code Chapter 102

Erosion and Sediment Control and Stormwater

regulations under PA Clean Streams Law

initially adopted in 1972

major amendment effective November 19, 2010

incorporates more stringent federal requirements

PA is delegated by EPA to issue NPDES permits
for Stormwater Discharges Associated with
Construction Activities

allows for delegation to CDs

CD Levels of Delegation

Level I

Program Administration
(all 10 CDs)

Conduct education outreach

Level II

Program Compliance
(all 10 CDs)

Level I duties plus

Site assessments & complaint response

Review E&S Control Plans

Process permit applications

Inspection earth disturbance activities

CD Levels of Delegation

Level III

Program Compliance
(2 CD’s)

Armstrong and Westmoreland CDs

Level I & II duties plus

Initiate & resolve enforcement actions

25 PA Code Chapter 102

Scope and Purpose

Persons conducting earth disturbance required to:

develop, implement & maintain BMPs to
minimize accelerated erosion/sedimentation

manage post construction stormwater

use BMPs to protect, maintain, reclaim and
restore water quality and existing and
designated uses of waters of Commonwealth

BMPs Definition

Best Management Practices

activities, facilities, measures, planning, procedures
used before, during and after earth disturbance i.e.

sediment barriers

silt fence, filters, berms

sequencing, minimizing disturbance


waterbars, channels, culverts

sediment collectors

basins, traps, inlet bags

crossings for streams or wetlands

forested or vegetated riparian buffers

infiltration trench, raingardens, vegetated swales

Erosion & Sediment Control Plan

all earth disturbance activities require
implementation of BMPs regardless of size

disturbance activities

5,000 sq. ft. must
develop erosion & sediment control (E&S) plan

E&S Plan must be available on site

Chapter 102.4(b.5) lists 15 elements of a plan

implementation and maintenance required to
minimize potential for accelerated erosion and

Permit Requirements

Permit Types

NPDES Permit

for Stormwater Discharges
Associated with Construction Activities


1 acre

Erosion and Sediment Control Permit

Timber harvesting if

25 acre disturbance

Road maintenance if

25 acre disturbance

E&S Control General Permit #1

well site disturbance

5 acre, transmission line
projects or other O&G activities

Permit Requirements

NPDES Permits

Individual Permit
if stormwater discharge:

located in a special protection watershed

may affect existing water quality standards

may affect threatened or endangered species

potential for hazardous or toxic discharges

General Permit


file a Notice of

Permit Application

Major Components of Application

E&S Control Plan

Pa Natural Heritage Program Search

Post Construction Stormwater Mgmt Plan

Thermal Impact Analysis

Antidegradation Analysis (only for HQ or EV)

Permit Application and Fees

NPDES Individual Permit

fee $1,500 plus $100/disturbed acre impact fee

major components of application plus GIF

General Information Form & PHMC coordination
& Riparian Buffer if within 150’ HQ or EV stream

published in Pa Bulletin (received & final action)

day comment period

CD reviews E&S Plan

PCSM Plan region review (Wash & West review)

CD recommendations to DEP region

DEP region takes permit action

Permit Application and Fees

NPDES General Permit (PAG

fee $500 plus $100/disturbed acre impact fee

major components of application

CD reviews application

CD issues an acknowledgement for use of GP

project published in Pa Bulletin as final action

Compliance & Enforcement

DEP or Delegated CD may enforce Chapter 102

complaint response

investigations and inspections

issue notices of violations

civil penalty assessment

summary citations


orders and consent order
& agreements,
suspend, revoke, or deny permits

Ch. 102 Local Responsibilities

Notification to DEP/CD of application for building
or other permit involving

1 acre of earth
disturbance activities

Withholding issuance of building or other permits
until appropriate permit is issued by CD/DEP for
the earth disturbance activities

Rita A. Coleman

Program Manager

Waterways and Wetlands Program