Earth Disturbance and

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Feb 22, 2014 (3 years and 5 months ago)

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Earth Disturbance and
Permit Requirements

Laurel Highlands Conservation
Conference

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
areas


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
Management



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


conveyance


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
sedimentation

Permit Requirements

Permit Types


NPDES Permit

for Stormwater Discharges
Associated with Construction Activities


if
disturbance
>

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
-

ESCGP
-
1
for
well site disturbance
>

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


Permit Requirements

NPDES Permits


NPDES
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


NPDES
General Permit


PAG
-
02


file a Notice of
Intent



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)


30
-
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
-
02)



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


DEP


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

rigraham@pa.gov

412
-
442
-
4149

www.dep.state.pa.us