CHAPTER 102 - Erosion and Sediment Pollution Control Program
The District administers the Erosion and Sediment Pollution Control (E&S) program through a delegation agreement with the Department of Environmental Protection (DEP). The District reviews and approves E&S control plans for sites requiring significant soil disturbance (see thresholds below). Inspections of the sites are conducted to assure the plans are properly implemented, controls are installed, and sequences are followed. The goal of this program is to control accelerated erosion and the resulting sediment pollution to the waters of the Commonwealth.
Checklist for Plans, Permits, and NPDES Permits through Chapter 102
This short breakdown of earth disturbance thresholds for plans, permits, and NPDES permits may help in determining what a landowner may need to have in place before proceeding with a project involving earth disturbance activities. If you have questions on Chapter 102 requirements please contact the District at 814-887-4001.
If your project:
The District administers the Erosion and Sediment Pollution Control (E&S) program through a delegation agreement with the Department of Environmental Protection (DEP). The District reviews and approves E&S control plans for sites requiring significant soil disturbance (see thresholds below). Inspections of the sites are conducted to assure the plans are properly implemented, controls are installed, and sequences are followed. The goal of this program is to control accelerated erosion and the resulting sediment pollution to the waters of the Commonwealth.
Checklist for Plans, Permits, and NPDES Permits through Chapter 102
This short breakdown of earth disturbance thresholds for plans, permits, and NPDES permits may help in determining what a landowner may need to have in place before proceeding with a project involving earth disturbance activities. If you have questions on Chapter 102 requirements please contact the District at 814-887-4001.
If your project:
- Will have less than 5,000 square feet of earth disturbance, it is not necessary to have a written plan on site but erosion and sediment control best management practices (BMPs) are still required to minimize the potential for accelerated erosion and sedimentation.
- Will have more than 5,000 square feet of earth disturbance, a written E&S plan is required to be on site and implemented. Approval through the District is not required, unless requested through a local entity. The District or DEP may request to see the E&S plan in the event of a complaint, pollution event, or failure to implement and maintain effective E&S BMPs. The plan may be subject to submittal for approval by the District/DEP if there are issues with the site.
- Will have more than 1 acre of earth disturbance and is not in a special protection (EV, HQ) watershed, a General NPDES Permit is required to be submitted for approval to the District. Before any earth disturbance activity can occur the plan must be approved. A copy of the approved stamped, signed, and dated plan must be kept on site.
- Will have more than 1 acre of earth disturbance and is in a special protection watershed, an Individual NPDES Permit is required to be submitted for approval to the District. The Individual NPDES Permit will undergo a completeness review and then be submitted for posting in the PA Bulletin for a 30 day public comment period. A technical review conducted by both DEP and the District will occur before final approval is given by DEP. Before any earth disturbance activity can occur the plan must be approved. A copy of the approved stamped, signed, and dated plan must be kept on site.
- Is timber harvesting or road maintenance activity involving 25 acres (10 hectares) or more of earth disturbance, an E&S Permit is required to be submitted for approval to the District. Before any earth disturbance activity can occur the plan must be approved. A copy of the approved stamped, signed, and dated plan must be kept on site.
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Erosion & Sedimentation Plans
Projects with more than 5,000 square feet of earth disturbance, but less than 1 acre, should use the below guidelines to prepare an Erosion & Sedimentation Plan with appropriate management practices to prevent erosion. A copy of this plan must be kept in an accessible, weatherproof location for inspection by District or DEP staff should erosion cause a complaint. District staff can review these plans before work begins, although this is not required for small projects. MCCD E&S Review Fee & Rules & Guidelines E & S Plan for Timber Harvesting Operation Web Soil Survey Site PNDI Environmental Review Tool |
NPDES (National Pollutant Elimination & Discharge Systems)
Projects involving more than one acre of earth disturbance require NPDES Permits. There are General and Individual NPDES Permits, depending on the watershed affected. These permits are submitted to either the Conservation District (General) or PA DEP (Individual). Before any earth disturbance activity can occur the plan must be approved. A copy of the approved plan must be kept on site. The District is responsible for site inspections and resolution of any erosion complaints related to the site. PAG-01 NPDES General Permit The Final PAG-01 General Permit for Stormwater Discharges from Small Construction Activities was published in the Pennsylvania Bulletin on November 13, 2021. PAG-01 will serve as an alternative means for NPDES coverage for earth disturbance activities with less than 5 acres of disturbance. The primary benefit of PAG-01 is that a site-specific stormwater analysis for post-construction stormwater management (PCSM) is not required, which is one of the costliest parts of completing a Chapter 102 permit application. DEP has conducted a general stormwater analysis that will serve as the applicant’s analysis. However, in order to qualify for PAG-01 coverage, applicants will need to, among other things, 1) select from a suite of PCSM BMPs that are prescribed in the general permit; 2) ensure that impervious surface does not exceed 30,000 square feet; and 3) ensure that impervious surface does not exceed 12% of the project site area. Go to the PA Cleanwater Academy’s website pacleanwateracademy.remote-learner.net) for additional instruction and information. |
CHAPTER 105 - Waterways Obstruction & Encroachment Program
The PA Code: Title 25: Chapter 105 program regulates work in and around streams, wetlands and other water bodies with a focus on avoiding or minimizing impacts on water quality, flooding frequency and riparian habitats.
The District is delegated by the PA Department of Environmental Protection to oversee and review certain permits for construction, stream encroachment, and timber projects. The permit required depends on the location, area of land disturbed, and type of project. Erosion and sedimentation affecting streams are pollution issues that can have severe impacts to aquatic life. Permits are required for many construction projects so that soil does not leave the site and enter nearby streams. Likewise, any work in or near a stream requires a permit to prevent pollution and or changes the watercourse.
For more information visit the PA DEP website DEP Stream & Wetland Regulatory Program for more information.
The PA Code: Title 25: Chapter 105 program regulates work in and around streams, wetlands and other water bodies with a focus on avoiding or minimizing impacts on water quality, flooding frequency and riparian habitats.
The District is delegated by the PA Department of Environmental Protection to oversee and review certain permits for construction, stream encroachment, and timber projects. The permit required depends on the location, area of land disturbed, and type of project. Erosion and sedimentation affecting streams are pollution issues that can have severe impacts to aquatic life. Permits are required for many construction projects so that soil does not leave the site and enter nearby streams. Likewise, any work in or near a stream requires a permit to prevent pollution and or changes the watercourse.
For more information visit the PA DEP website DEP Stream & Wetland Regulatory Program for more information.
Stream crossings require permits. The type is dependent on the size of the watershed and whether it is a temporary or permanent crossing.
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Streambank Stabilization projects such as this require a General Permit.
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CHAPTER 105 PERMITS
The District acknowledges General Permits for various types of work in waterways, including wetlands and stream crossings, streambank stabilization, boat ramp and dock installation, intake and outfall structures, and utility line crossings. The District staff will also conduct inspections of permitted sites, investigate complaints and provide regulatory and permitting assistance.
Activities and structures in or near a stream or its adjacent floodway are regulated by this program. In most cases, a permit is required before starting any activity which changes, expands or diminishes the course, current or cross-section of a stream, floodway or body of water. Contact the Conservation District for permitting needs.
General Permits
GP-1: Fish Habitat Enhancement Structures
GP-2: Small Docks and Boat Launching Ramps
GP-3: Bank Rehabilitation, Bank Protection and Gravel Bar Removal
GP-4: Intake and Outfall Structures
GP-5: Utility Line Stream Crossings
GP-6: Agricultural Crossings and Ramps
GP-7: Minor Road Crossings
GP-8: Temporary Road Crossings
GP-9: Agricultural Activities
GP-10: Abandoned Mine Reclamation
GP-11: Maintenance, Testing, Repair, Rehabilitation or Replacement of Water Obstructions and Encroachments
GP-15: Private Residential Construction in Wetlands
(GP-11 and GP-15 are issued directly from DEP, not County Conservation Districts.)
Click here for a link to the permit applications listed above: CHAPTER 105 GENERAL PERMIT APPLICATION
Existing Use- Stream Designations
Wild Trout Waters of PA
Chapter 93: Designated Use -Water Quality Standards or use the eMap
The District acknowledges General Permits for various types of work in waterways, including wetlands and stream crossings, streambank stabilization, boat ramp and dock installation, intake and outfall structures, and utility line crossings. The District staff will also conduct inspections of permitted sites, investigate complaints and provide regulatory and permitting assistance.
Activities and structures in or near a stream or its adjacent floodway are regulated by this program. In most cases, a permit is required before starting any activity which changes, expands or diminishes the course, current or cross-section of a stream, floodway or body of water. Contact the Conservation District for permitting needs.
General Permits
GP-1: Fish Habitat Enhancement Structures
GP-2: Small Docks and Boat Launching Ramps
GP-3: Bank Rehabilitation, Bank Protection and Gravel Bar Removal
GP-4: Intake and Outfall Structures
GP-5: Utility Line Stream Crossings
GP-6: Agricultural Crossings and Ramps
GP-7: Minor Road Crossings
GP-8: Temporary Road Crossings
GP-9: Agricultural Activities
GP-10: Abandoned Mine Reclamation
GP-11: Maintenance, Testing, Repair, Rehabilitation or Replacement of Water Obstructions and Encroachments
GP-15: Private Residential Construction in Wetlands
(GP-11 and GP-15 are issued directly from DEP, not County Conservation Districts.)
Click here for a link to the permit applications listed above: CHAPTER 105 GENERAL PERMIT APPLICATION
Existing Use- Stream Designations
Wild Trout Waters of PA
Chapter 93: Designated Use -Water Quality Standards or use the eMap
ePermitting System
DEP has launched an online electronic permitting (ePermit) system for Chapter 105 Wetland and Waterway Obstruction and Encroachment General Permits and for Chapter 102 NPDES Construction Stormwater PAG-02 general permit applications.
DEP began accepting Chapter 105 registrations/applications for General Permits for various types of water obstruction and encroachments through the ePermitting system in October 2018. The Department is making final preparations to transition Chapter 105 General Permits (GPs) to paperless.
Applicants of Chapter 102 and 105 permits that wish to use the ePermitting system are required to have an Electronic Filing Administrator (EFA). The EFA is the applicant or an employee or a member of an organization who has permission to manage applications and users on the organizations’ behalf within the ePermit system.
Before registering through the EFA, it is strongly recommended to go to the PA Cleanwater Academy’s website pacleanwateracademy.remote-learner.net). The Academy offers numerous instructional videos and resources related to Chapter 102 and Chapter 105 ePermitting for the following permits: General Permit (Chapter 102 & Chapter 105), Individual Permit and the E&S Permit.
For more information, please visit the following DEP websites:
For Chapter 105
Chapter 102 www.dep.pa.gov/Business/Water/CleanWater/StormwaterMgmt/Stormwater%20Construction/Pages/Chapter-102-ePermit.aspx
DEP has launched an online electronic permitting (ePermit) system for Chapter 105 Wetland and Waterway Obstruction and Encroachment General Permits and for Chapter 102 NPDES Construction Stormwater PAG-02 general permit applications.
DEP began accepting Chapter 105 registrations/applications for General Permits for various types of water obstruction and encroachments through the ePermitting system in October 2018. The Department is making final preparations to transition Chapter 105 General Permits (GPs) to paperless.
Applicants of Chapter 102 and 105 permits that wish to use the ePermitting system are required to have an Electronic Filing Administrator (EFA). The EFA is the applicant or an employee or a member of an organization who has permission to manage applications and users on the organizations’ behalf within the ePermit system.
Before registering through the EFA, it is strongly recommended to go to the PA Cleanwater Academy’s website pacleanwateracademy.remote-learner.net). The Academy offers numerous instructional videos and resources related to Chapter 102 and Chapter 105 ePermitting for the following permits: General Permit (Chapter 102 & Chapter 105), Individual Permit and the E&S Permit.
For more information, please visit the following DEP websites:
For Chapter 105
Chapter 102 www.dep.pa.gov/Business/Water/CleanWater/StormwaterMgmt/Stormwater%20Construction/Pages/Chapter-102-ePermit.aspx