Transforming BareSoil into a

Greener Tomorrow

Erosion Sedimentation&

Controlling Soil Erosion in Pennsylvania

Districts’ Primary Programs & Activities• Erosion and Sedimentation Control• NPDES Permits for Construction Activities• Stormwater Management• Conservation Plan development in cooperation with NRCS• Cost Share programs for best management practices on farms• Watershed Associations• Education programs for public and private schools and youth organizations• Annual Tree Seedling Sale• Envirothons – Elementary, High School

Farm Conservation Plans• Decrease pollutants to the Bay

• Develop complete Nutrient Management and Conservation Plans

• Construct Manure Storage Facilities

• Encourage new uses for manure

• Install cropland terraces and diversions to control water runoff

• Apply contour strip cropping and proper crop rotation to naturally increase soil fertility

Erosion and Sedimentation ProgramThe E&S department has the DEP delegated responsibility to:

• Review Erosion and Sediment Pollution Control Plans

• Conduct site inspections of earthmoving projects

• Investigate complaints related to accelerated soil erosion, waterway and wetland encroachments

• Issue certain NPDES and Chapter 105 permits

• Initiate compliance actions

What is a County Conservation District?A County Conservation District is a legal subdivision of state government that

works closely with county and local agencies and is responsible under state law for conservation work within the county.

The purpose of the District is to increase awareness of the relationship between the activities of man and our natural environment. The District helps to focus attention on the wise use of the land, water, and related natural resources. It provides assistance to individuals, and to public and private organizations in solving the complex problems of today’s environment.

A board of nine volunteer directors appointed by the County Commissioners manages the County Conservation Districts. Five represent the agricultural community, three represent the urban community, and one is a County Commissioner.

The District works closely with many federal, state, and local environmental agencies as well as the private sector. These cooperating agencies and businesses will often assist the District in providing information, technical and fi nancial assistance to landowners.

Controlling Soil Erosion in Pennsylvania

What is soil?Soil is an essential natural resource. Soil is generally considered to be the top

layer of the earth’s surface. Soil particles are classifi ed into three sizes: sand, silt, and clay. Topsoil is the uppermost layer of soil. Beneath the topsoil layer are layers of soil called subsoil. Bedrock is found beneath the subsoil layers.

Topsoil is essential to plant growth. The topsoil layer contains air, water, minerals, living organisms and decomposing plant material. A healthy topsoil will contain about 50% pore space. Pore space generally contains equal amounts of air and water. The topsoil layer in Pennsylvania is only a few inches thick. Plant roots obtain most of the water and nutrients from the topsoil layer.

Subsoil serves a major supporting role. In the case of plants, subsoil stores water and provides the mass needed for roots to support the above ground parts of a plant. Can you imagine the support needed to stabilize a large tree during a heavy windstorm? A tab root can reach 40 feet deep into the subsoil layer. Subsoil also supports buildings, sidewalks, and roadways. Imagine how different civilization would be if the earth’s entire surface was water!

What is soil erosion?Soil erosion is a natural process whereby the forces exerted by wind and

rainfall cause soil to be moved around. In Pennsylvania, water-caused erosion is the most common form of soil erosion. In a healthy soil, individual soil particles are held together in aggregates. Erosion occurs when the energy of raindrops falling on bare soil is great enough to break apart soil aggregates, separating sand, silt, clay and organic matter into individual particles. The individual particles are then carried downhill as sediment in the stormwater runoff.

What is pollution?Occasionally, a substance, when discharged into waters of this

Commonwealth, will alter the character of the water. Pollution occurs when the alteration renders the water unusable or offensive. Sediment produced by soil erosion is the largest pollutant by volume in Pennsylvania. +

Erosion control regulationsRecognizing the widespread problem of soil erosion and sediment pollution,

Pennsylvania adopted erosion control regulations in 1972. The regulations are currently administered by the PA DEP and are commonly called Chapter 102. The Chapter 102 regulations are intended to protect water resources from pollution by sediment. The regulations protect surface water by requiring that soil conservation measures be used wherever soil is disturbed. Road construction, farming, and homebuilding are typical earth disturbing activities that are required to implement soil conservation measures.

© Grant Heilman Photography, Inc.

© Grant Heilman Photography, Inc.

© Grant Heilman Photography, Inc.

As a Newly Elected Municipal Offi cal:

NPDES PermitsThe National Pollutant Discharge Elimination System (NPDES) program of

1972 is a federal program that was created within Section 402 of the federal Clean Water Act. NPDES prohibits the discharge of pollutants from any point source into the nation’s surface waters except as allowed under an NPDES permit. Effl uent is a term that is used to describe the solid or liquid substances that enter the environment as a result of human activity. The NPDES program gives the Environmental Protection Agency (EPA) the authority to regulate discharges into the nations waters by setting limits on the effl uent that can be introduced from point sources into surface waters. It is important to note that non-point sources of discharge are not regulated by NPDES.

What about stormwater discharges? Until the early 1990’s, EPA avoided the problem of stormwater discharge and excluded it from NPDES. In the late 1980’s, environmental groups successfully argued that construction activity involving earth disturbance creates a point source discharge of stormwater, and that stormwater from a disturbed construction site carries with it sediment. Hence, sediment discharge from construction was brought under regulation of NPDES. Today, sediment from regulated construction sites can no longer be discharged into the nation’s surface waters except as allowed under an NPDES permit. At the same time, EPA began to require highly populated municipalities to obtain NPDES coverage for stormwater discharges into surface waters.

The NPDES stormwater program was implemented in two phases. Phase I was established in 1990. Phase I covered construction activities that disturbed fi ve or more acres, and municipalities with populations of 100,000 or more that owned or operated a municipal separate storm sewer system (MS-4). Phase II of the program began in

1999 and expanded permit requirements to construction disturbing one acre or more and smaller communities (< 100,000 population) and public entities that own or operate an MS-4.

The EPA needed help from the states to manage the workload from the expanded NPDES program. Here in Pennsylvania, the EPA delegated to the Commonwealth of Pennsylvania the responsibility for the NPDES permit program. The Commonwealth, in turn, has delegated to most county conservation districts the very specifi c NPDES permit program responsibility for stormwater discharges from construction activity. There are many other situations where NPDES permits are required, and those permits are issued by the PA DEP.

Pennsylvania has a comprehensive program for controlling sediment pollution. It begins with the basic Chapter 102 program requirement for an erosion control plan where earth disturbance exceeds 5,000 sq. feet, and extends to the federal NPDES program. Conservation district offi ces are located throughout the Commonwealth. If you ever have questions about your responsibilities, you are encouraged to contact your local county conservation district. Similarly, if you observe sediment pollution from earth disturbance, the county conservation district offi ce should be contacted.

A Historical Overview

It is important for all involved in the business of earthmoving to be familiar with Chapter 102 and the NPDES permit previously discussed. Regardless of the project size, attention should be given to the matter of controlling erosion and removing sediment from runoff. Chapter 102 requires a written plan for any earth disturbance of 5,000 sq. ft. or more. Most times, a plan has been professionally prepared before the project begins. If you are not provided with a plan, you are not ready to start.

Similarly, if you know that a project will disturb one or more acres, an NPDES permit has likely been issued for the activity. It is the responsibility of all parties responsible for earthmoving to obtain NPDES permit coverage at the site. The EPA considers the performance of the operator to be as important as that of the owner and requires that all parties having operational control be permitted. Permit coverage is normally obtained by the fi ling of a Copermittee application with the county conservation district.

Questions concerning Chapter 102 or NPDES should be directed to the conservation district in the county where the activity will occur.

Information for Excavation Contractors

Permits for Earthmoving in Pennsylvania:

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© Grant Heilman Photography, Inc.

What Must I Know About Stormwater?

As a Newly Elected Municipal Official:Permits for Earthmoving in Pennsylvania:

All levels of government, from federal to municipal, have a part to play in the arena of erosion control and stormwater management. As mentioned earlier, the federal Clean Water Act has created the NPDES program. NPDES requires certain earth disturbance activities that will result in stormwater discharges from construction activities to obtain coverage under a National Pollutant Discharge Elimination System (NPDES) Permit.

Pennsylvania’s Department of Environmental Protection (DEP) has two types of NPDES Permits, a General NPDES Permit (general used in non-Special Protection watersheds and referred to as the PAG-02 permit) and an Individual NPDES Permit (generally used in Special Protection watersheds and containing a PAI number). NPDES permits are required when earth disturbance activities reach one (1) acre or more of disturbance over the life of the entire project. Types of activities that require an NPDES permit include, but are not limited to, home construction, commercial or industrial construction, agricultural construction, roadway construction, and utility construction. Activities that are exempt from needing NPDES coverage include, but are not limited to, agricultural plowing and tilling activities, timber harvesting, road maintenance, and stream restoration projects.

The NPDES Permits for construction activities incorporates effluent discharge limitations, monitoring and reporting requirements, stormwater management criteria for rate control, volume control, and water quality criteria, and requirements for erosion and sediment controls. Additional requirements may be necessary for projects located in Special Protection (high quality or exceptional value) watersheds.

Two primary purposes of NPDES permits are to provide environmental protection during construction and after construction. The “during” is provided by the way of Erosion and Sediment Control Plans (E&S Plans) and implementation of various elements of Pennsylvania’s Chapter 102 (Erosion and Sediment Control regulations.) E&S Plans address a variety of site conditions, including erosion, sediment loss during construction, sediment loss management, containment and water quality. The primary purpose of an E&S plan is to minimize erosion and sediment loss during construction. E&S plans are required for all projects that disturb 5000 square feet or more over the life of the project.

The second purpose is to control stormwater runoff after construction via a Post Construction Stormwater Management Plan (PCSM Plan). The PCSM plan addresses rate, volume and water quality issues that will be part of the project long after the last bulldozer leaves the site. The PCSM plan addresses how water is treated from parking lots, roofs, and other impervious surfaces. Pennsylvania’s stormwater requirements and standards may differ from local county or municipal ordinances. DEP and the local Conservation Districts are committed to working together to reach a beneficial plan with all of those involved in the project.

In 1972, the Pennsylvania legislature adopted the Chapter 102 Erosion Control regulations. Within Chapter 102, municipalities and local governing bodies are mentioned specifically, as to what roles they have in the regulations. Section 102.41 states that the local governing body shall approve the conservation district as an acceptable entity and program to facilitate the E&S (Chapter 102) program and regulations. Section 102.42 outlines coordination requirements between conservation districts and municipalities/county governments for projects that may require NPDES permits. Section 102.43, perhaps the most important section, outlines the requirements for municipalities/counties as to what local approvals may or may not be issued until an NPDES permit is authorized by DEP or the conservation district. Basically, a building, grading or other applicable permit cannot be issued by a local authority until proof of NPDES permit issuance has been obtained. Failure to comply with 102.43 can have repercussions for the municipality/county, as well as the responsible party for the project.

Many municipalities are now adopting Memorandums of Understanding (MOUs) with the conservation districts to solidify delegated responsibilities for construction permit oversight, E&S plan review and other services the conservation districts can offer. The MOUs also establish key components of the Minimum Control Measures (MCM) required under the MS-4 (PAG-13) permit that districts can help MS4s meet.

Stormwater best management practices (BMPs) like this bioretention basin, are

becoming more and more prevalent on the landscape. New and better BMPs, like

this one, are designed to do more than just handle rate of water release. They now treat stormwater contaminants and decrease the

volume of stormwater leaving a site.

© Grant Heilman Photography, Inc.

© Grant Heilman Photography, Inc.

PondsChapter 102 Requirements forEarth Disturbance Activities for Construction Activities

The following chart provides guidance for varying sizes of earth disturbance activities associated with construction projects. This chart is in reference to Chapter 102 which is typically enforced by the Department of Environmental Protection or the local County Conservation District (Varies from county to county). Additional regulations enforced by the local municipality and/or the county may also apply to the listed types of construction. Definitions of some of the terms in the chart can be found below the chart.

Definitions:1. Earth disturbance - A construction or other human activity which disturbs the surface

of the land, including clearing and grubbing, grading, excavations, embankments, land development, timber harvesting, well drilling, and the moving of, depositing, stockpiling, or storing of soil, rock, or earth materials.

2. Written Erosion and Sedimentation Plan (E&S Plan) - A site-specific plan consisting of both drawings and a narrative that identifies BMPs to minimize accelerated erosion and sedimentation before, during, and after earth disturbance activities.

3. Written Post Construction Stormwater Management Plan (PCSM Plan) - A site-specific plan consisting of both drawings and a narrative that identifies BMPs to manage changes in stormwater runoff volume, rate and water quality after earth disturbance activities have ended and the project site is permanently stabilized.

4. E&S Best Management Practices (BMP) - Silt barriers (silt fence, staked straw bales, wood chip berm, filter sock), rock filters, mulches ( straw, wood chips, erosion control blankets), rock construction entrance, etc.

5. Nation Pollutant Discharge Elimination System (NPDES) - The National system for the issuance of permits under section 402 of the Federal Clean Water Act including a state or interstate program which has been approved in whole or in part by the EPA.

Requirements

Installation of E&S BMPs

Required written E&S plan on site

Required E&S plan approval from

Conservation District

Required NPDES permit coverage

Required written PCSM plan

Earth Disturbance Less Than 5000

Sq.Ft.

YES

Required in certain circumstances.

contact Conservation District

If required by municipality or

other regulations

NO

NO

Earth Disturbance More Than

5000 Sq.Ft. but Less Than 1 Acre

YES

YES

If required by municipality or

other regulations

NO

NO

Earth Disturbance 1 Acre or More

YES

YES

YES

YES

YES

© Grant Heilman Photography, Inc.

© Grant Heilman Photography, Inc.

PondsChapter 102 Requirements forPonds can be considered an asset that enriches the surrounding landscape.

Whether a new pond is of interest, an existing pond is in need of maintenance, or that old farm pond needs to go, many regulations intersect on the discussion of earth moving and ponds.

When planning to construct a new pond there are a few things to keep in mind. First, construction of a new pond in a wetland is strongly discouraged. Find an upland area where wetlands will not be impacted. Second, placing a berm in an existing stream channel is also strongly discouraged. A third item that is also discouraged is placing the pond within the floodway of a stream (The floodway is typically defined as 50 feet from the stream bank on both sides of the stream).Water can be directed from a nearby stream to the pond if ground water or well water are not options of filling the pond. Chapter 105 authorization (Through a General Permit 4 issued form the DEP or local Conservation District) for a structure that will direct water from a stream into the pond. If water from the pond will be discharged to a stream via an outlet structure in the floodway, a General Permit 4 may also cover the required Chapter 105 authorization.

A pond will often function as a sediment trap settling out soil particles that become suspended in streams during storm events. This accumulated sediment can be removed from the pond to restore the pond to its original depth and foot print. A note of caution: as sediment settles out, the pond depth may be reduced enough to allow wetlands plants to thrive. These areas that were once considered part of the pond may be considered wetlands and will fall under all regulations governing wetlands. Thought must be given to the location of the stockpiles generated by the “mucking out” process. An upland area away from streams and wetlands is the best location for depositing the accumulated soil.

When removing a pond it is necessary to determine if the pond will revert to a wetland when the pond has been drawn down. If the area does revert to a wetland, regulations that govern wetlands will apply.

In all of the above cases regarding ponds, communication with the environmental agencies is the best way to ensure the proposed pond project will be in compliance with the various regulations surrounding ponds. The following chart provides what agency should be contacted for various pond projects.

Proposed Pond Work

Contact DEP

Contact Army Corps of Engineers

Develop a written Erosion and

Sediment Control Plan w/ Local

Conservation District

Contact PA Fish & Boat Commission

Contact the Local Municipality

New Pond Construction

YES

YES

YES

YES

YES

Pond Maintenance (removal of

accumulated sediment)

YES

YES

YES

YES

YES

Pond Removal

YES

YES

YES

YES

YES

© Grant Heilman Photography, Inc.

© Grant Heilman Photography, Inc.

Timber Harvest Regulations in Pennsylvania

Timber Harvesting for Sale (Commercial)Timber harvest operations in Pennsylvania are regulated under the Chapter

102 program, otherwise known as the Commonwealth’s Erosion and Sediment Control (E&S) regulations. All earth disturbance activities that disturb 5000 square feet or more of area are required to have an Erosion and Sediment Control Plan. If the timber harvest operation disturbs 25 acres or more of area, an Erosion and Sediment Control Permit is also required.

Often, the timber harvesting by itself is not the part of the activity that requires the erosion and sedimentation management. The most intrusive activities can be the construction of access road, haul roads, landing areas and skid trails. Some typical timber harvesting erosion and sediment controls include, water bars or broad based dips on equipment travel areas, stabilized access points, and permanent stabilization methods (seeding and mulching).

On some timber harvest sites, streams or wetlands may be encountered that require additional planning and permitting. Pennsylvania’s Chapter 105 (Dam Safety and Waterway Management) regulations seek to minimize impacts on water flows and water quality. Any type of wetland impact or stream crossings over 100 acres in drainage require permit authorization. Your regional DEP or local conservation district office can help you obtain the appropriate permit for the activity.

Timber Harvesting for Conversion to Agricultural LandsTimber harvesting with the intent of converting the land into agriculture farm

land is covered under the same regulations as timber harvesting for commercial sale, Chapter 102. The difference is the type of plan needed to cover the activity. An Erosion and Sediment Control Plan is still required for timber harvesting associated with conversion to crop fields but that plan will usually differ from a traditional timber harvest plan in that the agricultural plan will incorporate E&S measures for the short term (conversion/timbering process) and long term (agricultural activities such as plowing and tilling). Typically, everything can be incorporated into a farm conservation plan or agricultural E&S plan. Your local conservation district is well versed in the E&S requirements for agricultural activities.

Lancaster County Conservation District1383 Arcadia Rd., Room 200

Lancaster, PA 17601Phone: 717-299-5361 ext. 5

Fax: 717-299-9459www.lancasterconservation.org

Produced by:

Financial and other support for this project provided by a grant advancing the Conewago Creek Watershed Initiative.

Whether timber harvesting or “land clearing” is occurring for commercial harvesting or

to increase the amount of farmable land on a piece of property, the activity requires an erosion and sediment control plan and best

management practices.

© Grant Heilman Photography, Inc.