Do I need an E&S plan?
This
is a question that the District is asked regularly by municipalities,
consulting firms and private individuals. State regulations require that
all earthmoving activity take appropriate precautions and implement adequate
best management practices (BMP’s) to prevent sediment from leaving the project
area.
Chapter
102, the state’s erosion and sedimentation Control regulations, requires the
development of a written erosion and sedimentation control plan for all
earth disturbances of 5,000 square feet or greater or any earth disturbances in
High Quality or Exceptional Value watersheds, or if other DEP permits require
it. The plan must be prepared by someone experienced in erosion and
sediment control and should identify the potential sediment pollution problems
associated with the project and specify appropriate practices and techniques to
be used to minimize sediment production and methods to remove it from the
stormwater leaving the site. The plan must be detailed enough to
clearly show the steps to be taken and the order in which to take them.
This written plan is required to be on the site of the earth disturbance
at all times.
The plans must be submitted
to and approved by the Conservation District when an adequacy letter is
required by the local municipality or approval is required as part of another
permit application. Permits that require approval from the
Conservation District include the NPDES permit, Chapter 105 general permits for
stream work, and Chapter 105 Joint Permits for major projects in streams and
wetlands. The Conservation District or
DEP may also specifically require a plan to be submitted for review in response
to problems identified during an inspection of an active earthmoving
project.
Earth disturbance activities associated with agricultural plowing or tilling,
timber harvesting, and road maintenance do not require coverage under a NPDES
permit but an erosion and sediment pollution control plan is required for these
activities. Persons conducting timber
harvesting or road maintenance activities which involve 25 acres or more of
earth disturbance must apply for and obtain coverage under a separate permit
known as an “Erosion and Sedimentation Control Permit”.
Persons conducting agricultural plowing and tilling activities are required to
develop plans and implement agricultural BMPs, but continue to be exempt from
permitting requirements. Any farming activity that does not have a conservation
plan or needs an updated plan is encouraged to contact their local NRCS
office. Earthmoving associated with non tillage activities, such as
construction of buildings or ponds, are not exempt from the permitting requirements
and also must develop a site specific E&S plan.
Please contact Barry Travelpiece at (570) 784-1310 ext. 115 or email Barry.travelpiece@pa.nacdnet.net
for more
information