Frequently Asked Questions
DEP has prepared a set of FAQ related to the
Chapter 102 regualtions and the NPDES permitting process.
Click Here for the latest version of DEP’s FAQ.
What do I Need to Do?
This is a question that the District is asked regularly by municipalities, consulting firms and private individuals. State regulations require that all earthmoving activity take appropriate precautions and implement adequate best management practices (BMP’s) to prevent sediment from leaving the project area.
Chapter 102, the state’s erosion and sedimentation Control regulations, requires the development of a written erosion and sedimentation control plan for all earth disturbances of 5,000 square feet or greater, any earth disturbances in High Quality or Exceptional Value watersheds, or if other DEP permits require it. The plan must be prepared by someone experienced in erosion and sediment control. The plan should identify the potential sediment pollution problems associated with the project and specify appropriate practices and techniques to be used to minimize sediment production and methods to remove sediment from the stormwater leaving the site. The plan must be detailed enough to clearly show the steps to be taken and the order in which to take them. This written plan is required to be on the site of the earth disturbance at all times and to be followed.
The plans must be submitted to and approved by the Conservation District when an adequacy letter is required by the local municipality or approval is required as part of another permit application. Permits that require approval from the Conservation District include the NPDES permit, Chapter 105 general permits for stream work, and Chapter 105 Joint Permits for major projects in streams and wetlands. The Conservation District or DEP may also specifically require a plan to be submitted for review in response to problems identified during an inspection of an active earthmoving project.
Earth disturbance activities associated with agricultural plowing or tilling, timber harvesting, and road maintenance do not require coverage under a NPDES permit but an erosion and sediment pollution control plan is required for these activities. Persons conducting timber harvesting or road maintenance activities which involve 25 acres or more of earth disturbance must apply for and obtain coverage under a separate permit known as an “Erosion and Sedimentation Control Permit”.
Persons conducting agricultural plowing and tilling activities or have animals on earthen areas outside are required to develop plans and implement agricultural best management practices (BMP’s), but continue to be exempt from permitting requirements. Any farming activity that does not have a conservation plan or needs an updated plan is encouraged to contact their local NRCS office. Earthmoving associated with non tillage activities, such as construction of buildings or ponds, are not exempt from the permitting requirements and also must develop a site specific E&S plan.
Please contact Steven Wanner at (570) 317-9469 or email [email protected] for more information
What is an NPDES permit?
A federal regulation that works in conjunction with the state E&S program is the National Pollution Discharge Elimination System (NPDES) Program. While these regulations require discharges from many types of facilities, we will discuss only the discharges from construction activities here. These regulations, the implementation of which has been delegated to DEP, require a permit be obtained for most construction activities with earth disturbance of 1 acre or more over the life of the project.
Disturbance over the life of the project is defined as any earth disturbance that will occur to fully complete the planned land use. For example, a housing development would include the disturbance associated with the road construction, installation of utilities, and construction of individual houses and accessory structures on the lots although the original applicant may only be building the roads.
The Conservation District has agreed to be the local contact for this permit. We are available to answer questions concerning permit requirements and regulations and are the designated agency to accept applications for the permit in Columbia County.
Under the requirements of the NPDES program, these activities must have an approved erosion control plan. Columbia County Conservation District conducts the reviews of these plans for DEP to assure compliance with Chapter 102 and the Clean Streams Law. The NPDES permit program also requires a Post Construction Stormwater Management (PCSM) Plan to address concerns about ground water recharge, long term stream base flows, and water quality issues.
During construction of the site, the Conservation District conducts periodic inspections of the site to assure that the plan is being followed.
Why does it take so long to get a permit?
The Conservation District makes every attempt to achieve timely issuance of permits for projects. However, often the delays are not under the control of the Conservation District. Delays by consultants in responding to reviews can add considerable time to the process. Missing information or the need to coordinate with other permits or agencies sometimes influences when the permit can be issued.
How long will each review take?
The Conservation District strives to provide a timely review of all plans. Administrative reviews of NPDES permit applications are conducted within 10 working days of receipt. Applicants will be notified of the acceptance of the application or deficiencies as soon as possible.
Technical review of plans cannot be completed until the plan is accepted as being administratively complete. Technical reviews of the plans will be done in the order the application is received as complete. Policy requires that reviews be completed within 30 days of acceptance; however the Conservation District strives to conduct reviews as soon as possible.
How can I speed up the review process?
The best way to get a speedy and complete review is to make sure the submission is complete and easily understood. Often valuable time is spent or unnecessary review comments generated because the required information could not be found or understood.
Is a pre-submission meeting required before submission?
The Conservation District does not require but strongly recommends that a pre-submission or pre-design meeting be held for major projects. This allows for clearer understanding of permitting requirements, ability to discuss unique conditions or concerns, early coordination of other permitting requirements and often can give the designer insights into pending requirements that might be implemented before the plan will be submitted.
Chapter 102 regualtions and the NPDES permitting process.
Click Here for the latest version of DEP’s FAQ.
What do I Need to Do?
This is a question that the District is asked regularly by municipalities, consulting firms and private individuals. State regulations require that all earthmoving activity take appropriate precautions and implement adequate best management practices (BMP’s) to prevent sediment from leaving the project area.
Chapter 102, the state’s erosion and sedimentation Control regulations, requires the development of a written erosion and sedimentation control plan for all earth disturbances of 5,000 square feet or greater, any earth disturbances in High Quality or Exceptional Value watersheds, or if other DEP permits require it. The plan must be prepared by someone experienced in erosion and sediment control. The plan should identify the potential sediment pollution problems associated with the project and specify appropriate practices and techniques to be used to minimize sediment production and methods to remove sediment from the stormwater leaving the site. The plan must be detailed enough to clearly show the steps to be taken and the order in which to take them. This written plan is required to be on the site of the earth disturbance at all times and to be followed.
The plans must be submitted to and approved by the Conservation District when an adequacy letter is required by the local municipality or approval is required as part of another permit application. Permits that require approval from the Conservation District include the NPDES permit, Chapter 105 general permits for stream work, and Chapter 105 Joint Permits for major projects in streams and wetlands. The Conservation District or DEP may also specifically require a plan to be submitted for review in response to problems identified during an inspection of an active earthmoving project.
Earth disturbance activities associated with agricultural plowing or tilling, timber harvesting, and road maintenance do not require coverage under a NPDES permit but an erosion and sediment pollution control plan is required for these activities. Persons conducting timber harvesting or road maintenance activities which involve 25 acres or more of earth disturbance must apply for and obtain coverage under a separate permit known as an “Erosion and Sedimentation Control Permit”.
Persons conducting agricultural plowing and tilling activities or have animals on earthen areas outside are required to develop plans and implement agricultural best management practices (BMP’s), but continue to be exempt from permitting requirements. Any farming activity that does not have a conservation plan or needs an updated plan is encouraged to contact their local NRCS office. Earthmoving associated with non tillage activities, such as construction of buildings or ponds, are not exempt from the permitting requirements and also must develop a site specific E&S plan.
Please contact Steven Wanner at (570) 317-9469 or email [email protected] for more information
What is an NPDES permit?
A federal regulation that works in conjunction with the state E&S program is the National Pollution Discharge Elimination System (NPDES) Program. While these regulations require discharges from many types of facilities, we will discuss only the discharges from construction activities here. These regulations, the implementation of which has been delegated to DEP, require a permit be obtained for most construction activities with earth disturbance of 1 acre or more over the life of the project.
Disturbance over the life of the project is defined as any earth disturbance that will occur to fully complete the planned land use. For example, a housing development would include the disturbance associated with the road construction, installation of utilities, and construction of individual houses and accessory structures on the lots although the original applicant may only be building the roads.
The Conservation District has agreed to be the local contact for this permit. We are available to answer questions concerning permit requirements and regulations and are the designated agency to accept applications for the permit in Columbia County.
Under the requirements of the NPDES program, these activities must have an approved erosion control plan. Columbia County Conservation District conducts the reviews of these plans for DEP to assure compliance with Chapter 102 and the Clean Streams Law. The NPDES permit program also requires a Post Construction Stormwater Management (PCSM) Plan to address concerns about ground water recharge, long term stream base flows, and water quality issues.
During construction of the site, the Conservation District conducts periodic inspections of the site to assure that the plan is being followed.
Why does it take so long to get a permit?
The Conservation District makes every attempt to achieve timely issuance of permits for projects. However, often the delays are not under the control of the Conservation District. Delays by consultants in responding to reviews can add considerable time to the process. Missing information or the need to coordinate with other permits or agencies sometimes influences when the permit can be issued.
How long will each review take?
The Conservation District strives to provide a timely review of all plans. Administrative reviews of NPDES permit applications are conducted within 10 working days of receipt. Applicants will be notified of the acceptance of the application or deficiencies as soon as possible.
Technical review of plans cannot be completed until the plan is accepted as being administratively complete. Technical reviews of the plans will be done in the order the application is received as complete. Policy requires that reviews be completed within 30 days of acceptance; however the Conservation District strives to conduct reviews as soon as possible.
How can I speed up the review process?
The best way to get a speedy and complete review is to make sure the submission is complete and easily understood. Often valuable time is spent or unnecessary review comments generated because the required information could not be found or understood.
Is a pre-submission meeting required before submission?
The Conservation District does not require but strongly recommends that a pre-submission or pre-design meeting be held for major projects. This allows for clearer understanding of permitting requirements, ability to discuss unique conditions or concerns, early coordination of other permitting requirements and often can give the designer insights into pending requirements that might be implemented before the plan will be submitted.