Chapter 102

What is Chapter 102?

What is an E&S Plan?

Sullivan County Conservation District, under a delegation agreement with the Pennsylvania Department of Environmental Protection, is responsible for reviewing Erosion and Sediment Control Plans and inspecting sites for Chapter 102 compliance. For complete guidelines, refer to the Pennsylvania Code, Title 25. Environmental Protection, Chapter 102 Erosion and Sediment Control.

What is Erosion?

Erosion is a natural process by which the surface of the land is worn away by water, wind or chemical action. Accelerated erosion is the removal of the surface of the land through the combined action of human activities and natural processes at a rate greater than would occur from natural processes alone.

An Erosion and Sediment Control Plan, which meets the requirements of the Chapter 102 regulations must be properly designed, implemented, and available on site for all earth disturbance activities over 5000 sq. ft. All construction activities proposing to disturb greater than one acre of land must be authorized by a National Pollutant Discharge Elimination System (NPDES) permit.

When Do I Need an E&S Plan?

*Although an E&S plan review for adequacy by County Conservation District is not required under the Chapter 102 Regulations, E&S review may be required by municipal ordinances, County requirements, or other Department of Environmental Protection/Army Corps of Engineers permit (i.e. – Chapter 105, Joint Permit, or GPs).
** Post-Construction Stormwater Management Plan (PCSM Plan) for General NPDES permits will receive a completeness review by the County Conservation District. PCSM plans for Individual NPDES permits will be reviewed by the DEP regional office.

E&S Plan Review application

Planning to Build or Develop in Sullivan County?

If you are building or developing on property, a Sullivan County Landowners/Developers Environmental Check Sheet must be submitted to the codes office located in Dushore, PA before a construction permit will be granted. This check sheet allows us to review the proposed work to make sure all environmental regulations/permits are being met, but also that you are not developing in areas that could potentially harm you or the environment. Please complete the form below and submit to the Conservation District for review. Also, if your earth disturbance will exceed 5,000 square feet a erosion & sediment control plan for small projects will need to be submitted, please click on the erosion & sediment control guide button below for more information.

Landowner/DEVELOPER Check Sheet

Erosion & Sediment control guide

When Do I Need an E&S Permit?

A person proposing a timber harvesting or road maintenance activity involving 25 acres (10 hectares) or more of earth disturbance over the life of the project shall obtain an E&S Permit prior to commencing the earth disturbance activity. Earth disturbance for timber harvesting activities include the construction of skid trails, logging roads, landing areas and other similar logging or silvicultural practices. Road maintenance activities include earth disturbance activities within the existing road cross section, such as grading and repairing existing unpaved road surfaces, cutting road banks, and cleaning and clearing drainage ditches and other similar activities.

E&S Permit application

Frequently Asked Questions

When are a written E&S plan, NPDES permit and PCSM plan required?
According to Chapter 102, the implementation of E&S BMPs are required in all watersheds when earth disturbance activities are less than 5,000 square feet.
A written E&S plan is required upon the district’s request in Protected Watersheds, HQ or EV Streams.
For all disturbance activities covering more than 5,000 square feet a written E&S plan is required and E&S BMPs are to be implemented.
A written E&S plan, implementation of BMPs, NPDES permit, and a PCSM plan are required when more than one acre will be disturbed
The implementation of BMPs, a written E&S plan, and a Chapter 105 permit are required when earth disturbance is located adjacent to, and within existing drainage features, such as streams and wetlands.

What types of permits would a municipality need to withhold approval for until NPDES permit approval is issued?
With the exception of local storm water approvals, a municipality may not issue a permit or approval to those proposing earth disturbance activities until the required permits are approved by DEP.

What is required if I want to demolish and/or move a building from one side of a site to the other?
If one acre of more of disturbance is disturbed during demolition, and/or if one acre or more of earth is disturbed moving a building, NPDES permit approval is required. If demolition or moving is a part of future development that will disturb more than one acre, but the building demolition does not disturb one acre a NPDES permit is require PRIOR to demolition.

How can I be sure that a project involving earth disturbance has current approvals and required permits when the project may have had approvals years ago, but has not been built due to the economy?
Municipalities are copied on all correspondence. However, because of the amount of time that may have passed, it is recommended that the district be contacted regarding the status of the E&S plan, NPDES permit and/or PCSM plan.

What are the riparian buffer requirements for NPDES permit approvals?
Riparian buffers are required if the project site contains, is along or is within 150 feet of Special Protection waters (HQ or EV).

What are requirements if the earth disturbance activity involves a pond or stream?
All chapter 105 permits require overview by the DEP. The Sullivan County Conservation District does not conduct reviews of 105 permits however; the District conducts the E&S review of all 105 permits. With the exception of GP 9, GP 11 and GP 15.

Is NPDS permit approval required if an agricultural operation is expanding its plowing and tilling activities and/or heavy animal use areas by cutting down woodlands and removing trees and stumps from that area?
No, NPDES permit approval is not required since agricultural plowing and tilling and/or heavy animal use are exempt from NPDES permit coverage. However, the implementation and maintenance of E&S BMPs are required to minimize erosion, including those earth disturbance activities that are less than 5,000 square feet. If earth disturbance is more than 5,000 square feet a written E&S plan is required.

What are the requirements for a farm proposing a house, barn manure pit and silos in an HQ/EVwatershed?
NPDES permit approval is required if the earth disturbance is one acre or more. If the proposed site contains, is along, or within 150 of special protection waters, riparian buffers are required.

What are the requirements if an agricultural operation is proposing to construct a new farm building?
The construction of a new farm building is not part of an agricultural plowing and tilling activity and/or heavy animal use. Therefore would be subject to the same permitting requirement thresholds as other construction activities. If the activity is more than one acre, it will require a NPDES permit.

Is NPDES approval required for clearing and grubbing land for agricultural purposes?
No, a written E&S plan is required

Is a NPDES permit required for wildlife food plots?
No, this is considered an agricultural activity