PA Code, Title 25, Chapter 102 mandates that anyone engaged in “earth disturbance activities” must develop, implement, and maintain erosion control Best Management Practices (BMP’s) to minimize the potential for accelerated erosion and sedimentation into Pennsylvania waterways. Locally, the Venango Conservation District administers this program. An earth disturbance activity is defined as: a construction or other human activity which disturbs the surface of the land, including, but not limited to, clearing and grubbing, grading, excavations, embankments, land development, agriculture tilling and plowing, timber harvesting activities, road maintenance activities, mineral extraction, and the moving, depositing, stockpiling, or storing of soil, rock, or earth minerals. These activities, which expose bare earth to the forces of nature including wind and water, present the opportunity for accelerated erosion (that erosion that would not normally happen without the influence of man) and the possibility of sediment deposition into streams and other bodies of water. That deposition is referred to as sediment pollution, which can be very harmful to aquatic ecosystems.

Sediment pollution (also an example of non-point source pollution) can be harmful because it can:

The goal of the program is to provide sufficient erosion control while the earth is exposed until such time that vegetation or some other impervious layer such as black-top can be re-established. Erosion control BMP’s include items such as silt fence, hay bales, collection channels, sediment traps and basins, and ultimately permanent vegetation.

The specific details of your earthmoving activity determine the level of regulatory influence on a project. Erosion control BMP’s are required for any earth disturbance regardless of size. Once the disturbed acreage reaches 5000 ft² (about 70 ft. by 70 ft.) those BMP’s have to be set forth in a written Erosion & Sediment Control Plan. E & S Plans must be designed based on specific criteria set forth in the E&S Pollution Control Program Manual and kept on site during construction. When the disturbed area reaches five (5) acres, projects are required to obtain permit coverage under the National Pollutant Discharge Elimination System (NPDES) Program. An NPDES permit is required to release stormwater discharges from the site during construction. A project of this size requires the written E&S Plan and associated permit documents to be reviewed by the Conservation District to assure consistency with the regulations. More specific information regarding your proposed earth moving activity and the need for permits can be obtained by contacting the Conservation District.

Since 1990, construction activities that proposed to disturb 5 or more acres of land have been required to obtain coverage under a National Pollutant Discharge Elimination System (NPDES) permit. The federally (EPA) mandated regulations aimed to better protect streams and other bodies of water from uncontrolled erosion and sediment pollution. In order to help local citizens better understand and comply with the regulations, the Venango Conservation District agreed to administer the program at the county level (through the Department of Environmental Protection).

As of December 8, 2002, the EPA has revised the regulations to now include any construction activities proposing to disturb between 1 and 5 acres, which have a point source stormwater discharge to surface waters. A point source discharge will be defined as “any discernable, confined and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, well, discrete fissure, or container from which pollutants are or may be discharged.

Project requirements will still involve designing, implementing, and maintaining an erosion and sediment (E&S) plan to minimize the potential of accelerated erosion and sedimentation. A new aspect however, requires the development of a Post Construction Stormwater Management Plan (PCSM). This plan must manage and treat stormwater leaving the site after construction is completed to protect water quality. Stormwater best management practices (BMP’s) should be used to maximize groundwater infiltration and protect the structural integrity of the receiving streams.

Projects located in High Quality (HQ) of Exceptional Value (EV) watersheds must have the PCSM plan reviewed by the DEP Soils and Waterways Section in Meadville for adequacy. EV and HQ watersheds in Venango County include Hemlock Creek, Dennison Run, Cherry Run, and Little Sandy Creek.

Farming operations, such as plowing and tilling, are exempt from permit requirements, provided they have a conservation plan developed and implement BMP’s to reduce erosion.