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Chapter 102:
Erosion & Sediment 

Minimizing soil erosion and the resulting sediment pollution to Waters of the Commonwealth is the goal of this program. PA Code, Title 25, Chapter 102 and the Pennsylvania Clean Streams Law require the implementation and maintenance of erosion and sediment control best management practices to minimize the potential for accelerated erosion and sedimentation.

The Elk County Conservation District has Level II delegation from the PA Department of Environmental Protection to administer the erosion and sediment pollution control program. Level II duties include education, technical assistance, site inspection, plan review, and voluntary compliance. The Conservation District works with the PA Department of Environmental Protection on all enforcement matters. Please contact the Elk County Conservation District if you have erosion and sediment control questions or concerns!

Erosion & Sediment (NPDES) - Elk County, PA
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What is an NPDES Permit?

The purpose of National Pollutant Discharge Elimination System (NPDES) permits is to regulate pollution to Waters of the Commonwealth. These permits are a requirement when maintaining point sources that discharge to bodies of water. NPDES permits are necessary for large construction activities that disturb 1 acre of land or more. Or, if the cumulative project disturbance is equal to or greater than 1 acre over time, an NPDES permit is needed. 

*The plan may require review and approval from the Elk County Conservation District prior to any earth disturbance activities at the site. DEP also requires erosion and sediment pollution control plan review and approval before other DEP permits will be issued. Every plan submitted to the Elk County Conservation District for review must include a completed application and review fee. The fees are based on category of earth moving and extent of earth disturbance.

What permits fall under this program?

     There are two types of NPDES permits for stormwater discharges from construction activities.

     Individual Permits are required for those projects that will occur in Special Protection Watersheds, such as streams classified in Chapter 93 or on the DEP Existing Use classification as High Quality (HQ) or Exceptional Value (EV). Exceptional Value wetlands and streams classified as “Class A Wild Trout” by the PA Fish & Boat Commission may also be considered as Special Protection Watersheds. A significant history of non-compliance by an applicant and other special circumstances at the discretion of DEP may also result in the Individual Permit requirement.
     General Permits are required for all other projects that meet the NPDES permit criteria but do not fall under the Individual Permit guidelines.

NPDES Permits:

  • PAG-02: NPDES General Permit for Discharges of Stormwater Associated with Construction Activities

Stream Designations

Reviews and Issues

Permit Fee

$500.00

ECCD

WWF or CWF

Earth Disturbance

1 acre or greater

  • PAG-02: NPDES Individual Permit for Discharges of Stormwater Associated with Construction Activities

Stream Designations

Reviews and Issues

Permit Fee

$1,500.00

DEP

HQ or EV

Earth Disturbance

1 acre or greater

  • PAG-01 NPDES General Permit for Discharges of Stormwater Associated with Small Construction Activities:

Stream Designations

Reviews and Issues

Permit Fee

$500.00

ECCD

Special Conditions

Earth Disturbance

1 - 5 acres

What do NPDES Permits need?

The following is a list of requirements for NPDES permit applications:

  • Notice of Intent (NOI) or Application Form
     

  • General Information Form (GIF) (* only required for Individual Permits)
     

  • Cultural Resource Notice (* only required for Individual Permits disturbing 10 acres or more)
     

  • Permit Filing Fee ($500 for General Permits, $1500 for Individual Permits). Checks made payable to the Elk County Clean Water Fund
     

  • $100.00 per Disturbed Acre Fee. Checks made payable to the Pennsylvania Clean Water Fund
     

  • Elk County Conservation District Erosion & Sediment Pollution Control Plan Review Fees (see review fee schedule)

  • Location Map
     

  • Erosion and Sediment Pollution Control Plan
     

  • County and Municipal Notices
     

  • Proof of Receipt of County and Municipal Notices
     

  • Pennsylvania Natural Diversity Inventory (PNDI) search results and clearances
     

  • Post-Construction Stormwater Management Plans
     

  • Consistency letter from County or Municipal engineer (* if applicable)
     

  • Appendix B Land Use Questions
     

  • Completed Worksheets 1 through 5

Not making sense?

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(814) 776-5373

In Elk County, General Permits are issued by the Conservation District. The Conservation District performs an administrative review of the Individual Permit applications, but the PA Department of Environmental Protection’s North West Regional Office is responsible for final permit issuance for Individual Permits. It is a Pennsylvania requirement that a pre-application meeting be scheduled for all NPDES Permits. Please contact the Conservation District to schedule a meeting to discuss your project prior to submitting the permit application.

 

Periodically, workshops are held for earth moving contractors, developers, municipal officials, and others to explain the Rules and Regulations relating to the Pennsylvania Clean Streams Law and PA Code, Tile 25, Chapter 102. If you have questions about these rules and regulations or about how to control accelerated erosion, please call the Conservation District at (814) 776-5373.

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Second Thoughts? 

Don't think an NPDES Permit is the right choice for you? Check out our other pages pertaining to E&S Plans for smaller construction and Chapter 105 Permits for waterway crossings, encroachments and more! The Elk County Conservation District is here to help you get your job done right, and promote health and safety in the community for you and your neighbors. 

Got questions? Contact our Chapter 102 technician, Jake Pistner, for more information!​

Contact info: tech1@elkconservationdistrict.com

                               814-776-5377

Elk County Conservation District

Elk County Community Recycling Center

850 Washington Street

St. Marys, PA 15857

Phone: 814-776-5373

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