Items to Include in an E&S Plan:

• The topographic features of the project area
• The types, depth, slope, locations, and limitations of the soils.
• The characteristics of the earth disturbance activity, including the past, present, and
proposed land uses and the proposed alteration to the project site.
• The amount of runoff from the project area and the upstream watershed area.
• The locations of waters of the Commonwealth, which may receive runoff within or from
the project site and their classification pursuant to Chapter 93.
• A narrative description of the location and type of perimeter and on site BMP’s
(Best Management Practices) used before, during, and after the earth disturbance activity.
• A sequence of BMP installation and removal in relation to the scheduling of earth disturbance
activities, prior to, during and after each earth disturbance activity.
• Supporting calculations.
• Plan drawings.
• A maintenance program, which provides for inspection of BMP’s on a weekly basis
and following each measurable rainfall event.
• Procedures that ensure the proper recycling or disposal of materials associated with the project site.


What are some controls?
Controls can vary in extravagance and expense. Anything from straw to geotextile matting are considered BMPs and can be used to control erosion. In addition to measures that are structural in nature, erosion control may also be as simple as immediate seeding and mulching. More complex controls may also be implemented on sites where conditions warrant. For example, larger sites with greater areas of disturbance may require use of BMPs like sediment basins to improve water quality prior to discharging it into a waterway. Generally, E&S plans contain numerous BMPs that are implemented within the sequence of activity to assist in achieving the goal of minimizing sediment-laden discharges to waterways. 

What is required?
Not all sites will require permitting; however, all sites where earth disturbance will occur should implement BMPs.  Any site over 5,000 square feet should have a written E&S plan developed. The District commonly reviews small project E&S plans for activities that require other state and federal authorizations. Certain criteria established in the regulations dictate the necessity for the use of coverage under the National Pollutant Discharge Elimination System for Stormwater Discharges Associated with Construction Activity Permitting.   Whether, or not a site is required to obtain a permit under the Chapter 102 program, failure to develop and implement an E&S plan is a violation of Chapter 102 and the PA Clean Streams Law. Contractors and landowners may be held responsible for these violations.

When is an NPDES permit required?
1. An NPDES permit is required if you are disturbing between 1 and 5 acres with a point source discharge to a surface water of the Commonwealth.
2. An NPDES permit is required if you are disturbing 5 or more acres.

NPDES (National Pollutant Discharge Elimination System)
Most sites can be covered with a General NPDES permit. However, if High Quality (HQ) or Exceptional Value (EV) waterways (as per PA Chapter 93 of the Clean Streams Law) are involved with the worksite or worksite drainage area, an Individual NPDES permit is required. Individual permits require a bit more detail and are handled in coordination with the PA Department of Environmental Protection. In addition to the requirements discussed for NPDES permitting, developers are required to address how stormwater will be managed to protect the physical, chemical and biological integrity of the receiving water following the completion of the activity. These actions are addressed within a Post Construction Stormwater Management Plan (PCSM). PCSM plans are required to be included when applying for NPDES coverage by Pennsylvania’s Comprehensive Stormwater Management Policy. For any further information on permitting or PCSM planning, feel free to contact the District office.  To submit an E&S plan or permit application, please download the District’s Review Fee Form.

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