E&P Regulatory Session
E&P Regulatory Issues: What’s Next?
Speakers:
David R. Overstreet – Partner, K&L Gates, Pittsburgh
John P. Englert – Partner, K&L Gates, Pittsburgh
George A. Bibikos – Associate, K&L Gates, Harrisburg
April 27, 2012
Hilton Garden Inn Hotel – Southpointe/Pittsburgh
Contents
“E&P Regulatory Issues: What’s Next?”
“Recent Developments in Air Regulation – The View from
Pennsylvania and Ohio”................................................................. A
“Wastewater Management & Recycling: Effect of the Youngstown
Earthquakes on Disposal and Recycling of Produced Water”....... B
“ESCGP-2 and Lessons from Hollywood: The Sequel is Never
Quite as Good as the Original” ...................................................... C
Biographies ................................................................................................. D



David R. Overstreet
John P. Englert
George A. Bibikos
Appalachian Basin Oil & Gas Practice Brochure ........................................ E
Supplemental Information ........................................................................... F
Policy for Erosion and Sediment Control General Permit for Earth
Disturbance Associated with Oil and Gas Exploration, Production,
Processing or Treatment Operations or Transmission Facilities (E&S
General Permit for Oil and Gas Activities)
Instructions for a Notice of Intent (NOI) Authorization Package for
Coverage under the Erosion and Sediment Control General Permit
(ESCGP-2)
Notice of Intent (NOI) for Coverage under the Erosion and Sediment
Control General Permit (ESCGP-2)
Notice of Intent (NOI) Administrative Completeness Checklist Erosion
and Sediment Control General Permit (ESCGP-2)
Authorization of Coverage under the ESCGP-2 (Permit)
K&L Gates LLP
A
Recent Developments in Air Regulation –
The View from Pennsylvania and Ohio
David R. Overstreet
412.355.8263
david.overstreet@klgates.com
This presentation is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard to any
particular facts or circumstances without first consulting a lawyer.
Copyright © 2012 by K&L Gates LLP. All rights reserved.
Topics
 Scientific Studies
 Federal Regulatory Initiatives
 State Regulatory Initiatives
 Pennsylvania
 Ohio
 Air Aggregation Update
2
Scientific Studies
 Texas
 July 13, 2010
 “[T]he measured and estimated air pollution levels did not
reach levels that have been observed to cause adverse
health effects.”
3
Scientific Studies
 Pennsylvania
 PADEP Studies in 2010 and 2011
 “Results of limited ambient air sampling initiative [in the
NE, SW, and NC regions] did not identify concentrations of
any compound that would likely trigger air-related health
issues associated with Marcellus Shale drilling activities.”
 Elevated methane levels detected at some sampling sites.
4
Scientific Studies
 Colorado Study
 Not yet published
 Press release (March 19, 2012):
 “Our results show that the non-cancer health impacts from
air emissions due to natural gas development is greater for
residents living closer to wells,”
 “We also calculated higher cancer risks for residents living
nearer to the wells as compared to those residing further
[away],”
5
Federal
Regulatory
Initiatives
6
NSPS and NESHAPS for the Oil & Gas Sector
 Proposed August 23, 2011
 Expected to be finalized April 17, 2012
 Key Point – Dramatically Expanded Scope
 Current:
 Only affects a few elements at processing and transmission
facilities
 Proposal:
 Would affect many elements in production, processing,
transmission and storage phases
7
NSPS and NESHAPS for the Oil & Gas Sector
 New Sources Performance Standards
 NSPS
 CAA § 111
 For new and modified sources
 For stationary sources, by category
 BSER – Best System of Emission Reduction which has
been adequately demonstrated
8
NSPS and NESHAPS for the Oil & Gas Sector
 National Emission Standards for Hazardous
Air Pollutants
 NESHAPs
 CAA § 112
 For existing and new sources sources
 For stationary sources that emit HAPs, by category
 MACT – Maximum Achievable Control Technology
9
NSPS and NESHAPS for the Oil & Gas Sector
 Four Rules affected
 NSPS for VOCs from NG Processing Plants
 NSPS for SO2 from NG Processing Plants
 NESHAP for O&G Production
 NESHAP for NG Transmission and Storage.
10
NSPS and NESHAPS for the Oil & Gas Sector
 The Old Rules:
 NSPS for VOC’s from NG Processing Plants
 Leaking components at processing plants
 NSPS for SO2 from NG Processing Plants
 Sweetening units at processing plants
 O&G Production NESHAP
 Glycol dehydrators, storage vessels, and equipment leaks at processing
plants
 NG Transmission and Storage NESHAP
 Glycol dehydrators
11
NSPS and NESHAPS for the Oil & Gas Sector
 The New Rules
 NSPS for O&G Production, Transmission, and Distribution
 40 C.F.R. Part 60 Subpart OOOO
 NSPS for VOC’s
 Would now cover production, processing, transmission and storage
phases
 Well completions, compressors, pneumatic controllers, storage
vessels, and leaks from processing plants
 NSPS for SO2 – strengthened
 NESHAPs – strengthened, expanded to smaller glycol
dehydrators
12
PSD for New Major Sources of GHGs
 Preconstruction Permitting Requirements
 PSD/NSR applies to:
 new “major” sources
 “major” modifications to existing sources
 PSD v. NANSR
 Prevention of Significant Deterioration
 Attainment areas - BACT
 Non-Attainment New Source Review
 Non-attainment areas – LAER, offsets
 There are no NAAQS for GHGs, so only PSD
13
PSD for New Major Sources of GHGs
 Key EPA actions
 GHG Endangerment Finding – December 7, 2009
 Tailoring Rule – June 3, 2010
 Proposed Step 3 Tailoring Rule – March 8, 2012
 EPA’s actions are pending before the D.C. Circuit
(oral arguments were in late February)
14
PSD for New Major Sources of GHGs
 Tailoring Rule
 Step 1 – January 2, 2011 – “Anyway” major sources
 Step 2 – July 1, 2011
 All major sources within elevated thresholds
 New sources – 100,000 tpy CO2 e
 Modifications – 75,000 tpy CO2 e
 Step 3 – July 1, 2013
 What thresholds will apply?
 EPA proposal – maintain Step 2 thresholds
 Note – thresholds can trigger Title V Operating Permit
requirements, too.
15
GHG Reporting
 EPA GHG Reporting
 Subpart W: Petroleum and Natural Gas Systems
 Eight Source Categories


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



Offshore Petroleum and NG Production
Onshore Petroleum and NG Production
Onshore NG Processing
Onshore NG Transmission Compression
Underground NG Storage
LNG Storage
LNG Import and Export Facilities
NG Distribution
 Generally Applies to facilities that emit 25,000 metric tons of
CO2e / year
 First Reports are Due September 28, 2012
 One time Extension of Annual March 31 reporting deadline
16
State
Regulatory
Initiatives
17
Pennsylvania Minor Source Permitting
 Overview of Key Regulatory Developments
 GP-5
 March 3, 2012 Proposal
 GP-11
 Air Quality Permit Exemptions Guidance
 Air Emissions Reporting
18
Pennsylvania Minor Source Permitting
 GP-5
 Currently covers IC engines (100-1,500 bhp), glycol
dehydrators, storage tanks, vents, and other associated
equipment at NG processing facilities
 Proposed Major Revisions to GP-5
 Expands coverage to nearly all sources of air emissions at NG
production and processing facilities
 Incorporates EPA’s proposed NSPS and NESHAPS
 New state imposed limits representing BAT
 Public Comment Period ends May 2, 2012.
19
Pennsylvania Minor Source Permitting
 Air Quality Permit Exemptions Guidance
 Plan Approval Exemptions
 Exemption 38
 Operating Permit Exemptions
 Trivial Activity 61
 Proposal anticipated in April
 GP-11
 For non-road engines
 Dependent on alterations to the Exemptions Guidance
20
Pennsylvania Reporting Obligations
 Pennsylvania Reporting for Conventional (Non-GHG)
Pollutants
 PADEP submission to EPA every 3 years
 2011 – First year of reporting for 99 natural gas
operators in Pennsylvania
 First reports due on March 1, 2012, with a deadline
extension available.
 MSC Guidelines
21
Ohio Minor Source Permitting
 Overview
 GP-12
 Exemptions
22
Ohio Minor Source Permitting
 GP-12
 General Permit for Production Operations at Shale
Gas Well Sites
 Issued February 2012
 Regulates many well-site components that previously
did not require coverage under a permit-to-install or
permit-to-operate
23
Ohio Minor Source Permitting
 Exemptions
 OAC 3745-31-03 and 3745-15-05
 Drilling and fracturing phases are exempt from permit
requirements, need not obtain coverage under GP-12
 Non-road diesel engines need not obtain permit
coverage.
24
Air
Aggregation
Update
25
Air Aggregation
 The Stakes:
 Regulation as a “major” source
 PSD/ NA NSR,
 Title V
 The Debate:
 What constitutes a single source?
 Same industrial grouping
 Common control
 Contiguous or adjacent
26
Air Aggregation
 Latest EPA Guidance (Sept. 22, 2009)
 McCarthy Memorandum
 Adjacency: functional interdependence
 Case by case evaluation
27
Air Aggregation
 Pennsylvania
 Guidance for Performing Single Stationary Source
Determinations for Oil and Gas Industries
 Issued Oct. 12, 2011
 Adjacent: physical proximity
 ¼ mile rule of thumb
 Ohio
 OEPA has indicated that it will not aggregate multiple well-sites.
 Will re-evaluate after resolution of pending litigation.
 Summit Petroleum v. EPA (6th Cir.) (Oral Argument 4/17/12)
28
B
Wastewater Management and Recycling
Effect of the Youngstown Earthquakes on
Disposal and Recycling of Produced Water
John P. Englert
412.355.8331
john.englert@klgates.com
Co-author: Jane Pohl
Copyright © 2012 by K&L Gates LLP. All rights reserved.
Disposal Trends in Pennsylvania
 Prior to 2011, treatment and surface discharge most
common method in PA
 August 2010 new TDS standards
 May 2011 moratorium on disposal by POTWs
 97% of produced water recycled, injected or
treated in no discharge plant
 Amount of wastewater injected nearly tripled
 Most injection in Ohio
1
Class II Disposal Wells
 Approx. 150,000 Class II Injection Wells in U.S.
 Three types: enhanced recovery,
hydrocarbon storage and disposal
 Disposal wells = approximately 20%
 Majority located in TX, CA, OK
 >90% of produced water is disposed via injection
 Prevents surface contamination
 Does not require pre-treatment
 Often a low-cost option
Source: EPA
2
Class II Disposal Wells in Pennsylvania and Ohio
Ohio
Pennsylvania
 State administered program
since 1983
 Meets and exceeds USEPA
standards and regulations
 94 Class II wells permitted in
41 counties
 29 new permits issued in
2011, 13 permits pending
 > 200 million barrels
disposed since 1983
 Program administered by
US EPA
 6 permitted Class II wells
currently in operation
 2 additional permits issued
by EPA for wells in Warren
County (appeal pending)
3
Source: Ohio Department of
Natural Resources
4
Can Class II Disposal Wells Cause Earthquakes?
 ODNR Report: properly located injection wells will
not cause earthquakes
 Conditions required for earthquake:
 Existing fault line
 Near-failure state of stress
 Path of communication between well and fault
 High injection pressure, long period of time
 Only 6 Class II disposal wells have ever been linked
to earthquakes
5
Seismic Events in Youngstown, Ohio



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Pre 2011, no history of seismic activity
Northstar 1 begins injection December 2010
12 earthquakes since March 2011
All 12 earthquakes clustered within less than a mile around the
well
Source: Preliminary Report on the Northstar 1 Class II Injection Well and the Seismic Events in the
Youngstown, Ohio Area, Ohio Department of Natural Resources (March 2012)
6
Source: Preliminary Report on the Northstar 1 Class II
Injection Well and the Seismic Events in the
Youngstown, Ohio Area, Ohio Department of Natural
Resources (March 2012)
7
Seismic Events in Youngstown, Ohio
Investigation
 April 26, 2011 – December 15, 2011
 35 inspections: well operating within permitted injection pressure & volume
 Testing inconclusive regarding fluid volume entering Precambrian layer
 Precambrian section of Northstar 1 borehole plugged
 December 1, 2011: Additional seismic monitoring equipment installed
 December 24, 2011: 2.7 magnitude earthquake recorded 2,454 feet
below the injection well
 December 30, 2011: Northstar 1 shut down
 December 31, 2011: 4.0 magnitude earthquake recorded - moratorium
placed on 3 nearby injection wells)
8
Seismic Events in Youngstown, Ohio
Conclusion: Circumstantial evidence indicates that the
Youngstown earthquakes were induced.
 Earthquakes started 3 months after Northstar 1
began injections
 Earthquakes clustered around vicinity of wellbore
 Geophysical logs show evidence of permeability
within the Precambrian basement rock
 Focal depths of events = 4,000 ft. laterally and
2,500 ft. vertically from wellbore terminus
9
Source: Preliminary Report on the
Northstar 1 Class II Injection Well and
the Seismic Events in the Youngstown,
Ohio Area, Ohio Department of Natural
Resources (March 2012)
10
Regulatory Changes In Response to Youngstown
Earthquakes:
 Review of geological data for known fault lines
 Geophysical logs, seismic surveys, step rate injection tests
 Prior to injection, operators must plug back with cement any well
drilled in Precambrian basement rock
 Permit applications must include 1) information about known
geological faults and 2) a plan for monitoring seismic activity
 Measurement of original downhole reservoir pressure must be
taken prior to initial injection
 Installation of a continuous pressure monitoring system, an
automatic shut-off system and an electronic data recording
system (to track fluids brought for injection)
Changes will be implemented through specialized attached
permit conditions or revisions to the Ohio Revised Code / Ohio
Administrative Code.
11
Potential Effects on Wastewater Management
 Increased development of Class II disposal wells in
other states (such as Pennsylvania)
 Increased utilization of alternate means of disposal
 Encourage development of new treatment/recycling
technologies.
12
C
ESCGP-2 and Lessons from Hollywood: The
Sequel is Never Quite as Good as the Original
George A. Bibikos
717.231.4577
george.bibikos@klgates.com
This presentation is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard to any
particular facts or circumstances without first consulting a lawyer.
Copyright © 2012 by K&L Gates LLP. All rights reserved.
Introduction
Recap
 History of ESCGP-1
 Evolution of DEP’s E&S Regulatory Policies
 Draft E&S Policy and Draft ESCGP-2
Key Issues
 Logistical Concerns
 Substantive Concerns
 Practical Implications
1
Recap
ESCGP-1 (April 2008)
 Expedited review for administrative completeness
 Conservation Districts not involved
Chesapeake Bay Foundation appeal (Fall 2009)
 Challenges to general permit approach
 Challenges to expedited/administrative review
Updated Chapter 102 rules (effective November 2010)
 Authorized the use of a general permit
 Updated technical requirements
CBF Appeal Settlement (July 2011)
 New ESCGP-2 and Policy to be proposed
2
Draft E&S Policy, ESCGP-2, and Related Forms
Issued January 2012
 E&S Policy – 16 pages
 NOI Instructions and Appendices – 31 pages
 NOI – 15 Pages
 Checklist – 6 pages
 Draft ESCGP-2 – 15 pages
Public Participation
 60-Day Comment Period ended March 21, 2012
 Hundreds of Comments from Various Stakeholders
 Several Stakeholders’ Meetings with DEP
 Anticipated Final Drafts from DEP – Mid May
 Effective Date?
3
Key Issues
What are some of the key issues?
 Application Process
 Construction Activities
 PCSM and Site Restoration
 Rollback of Expedited Review Availability
 DEP’s Interpretation of “Project”
 Major Modifications to Plans
 Difficulty with Application of Policy and ESCGP-2
Requirements to Pipeline Projects
 Other Practical Implications
4
Application Process
What would be the new features of the application
process?
 NOI Application, Instructions and Appendices (for
technical review; similar to checklists used in the
NPDES program) (Draft Policy § II.A.)
 Administrative Checklist
 New Fees (Draft Policy sec. § II.B)
5
Application Process (cont.)
What would be the time frame for issuance?
 Expedited Review: 14 Business Days (Draft Policy §
II.A., at p. 3).
 Other: 60 Calendar Days (Id.)
 Potential processing delays for open violations (NOI
Instructions and NOI)
 Issue: DEP’s lack of diligence in closing out violations
may affect issuance of permit even if violation is
resolved and operator is in full compliance.
6
Application Process (cont.)
When would earth disturbance activities be
authorized?
 Date of authorization on the ESCGP-2 (Draft
ESCGP-2, preamble)
 Preconstruction Meetings (Draft Policy § II.D., at
6)
 Issue: Must the operator wait for other pending
approvals before commencing operations?
7
Construction Activities
What would apply during construction activities?
 Perimeter BMPs: Before commencing the “bulk of earth
disturbance activities,” notice to DEP and 3-day waiting period
(Draft ESCGP-2 § 16(c))
 Temporary Stabilization: Earth disturbance activities “cease” for
four or more days (DEP considers activity “ceased” when “earth
disturbance activity is no longer occurring on a project site in
accordance with the sequence of BMP installation and removal
in the erosion and sedimentation control plan”) (Draft Policy §
IV.A., at 9)
 Permanent Stabilization: Stabilize area around wellhead (e.g.,
gravel) and achieve 70% cover of remaining area (Draft Policy §
IV.B., at 10)
8
PCSM and Site Restoration
What are the requirements for PCSM and/or site
restoration?
 Policy drafted before Act 13 of 2012 (does not
reflect possible extension up to two years if
certain requirements are met) (Draft Policy §
IV.C., at 10-11).
 Policy is unclear as to timing and sequence of
PCSM requirements and site restoration.
9
Expedited Review
What’s in? (Draft Policy § II.A., at 3-4)
 Everything that’s not excluded (exclusions discussed later)
 Eligible projects: NOIs must be “complete and acceptable”
(undefined)
 Sealed by licensed professionals trained by (consequences for
“deficient NOIs”)
 Potential processing delays for open violations
 Issue: DEP’s diligence in closing out violations may affect
issuance of permit even if violation is resolved and operator is in
full compliance.
10
Expedited Review (cont.)
What’s out? (Draft Policy § II.A., at 3-4)
 HQ/EV Streams based on Chapter 93 Designations
 Issue: Existing uses continuously change
 Streams may not have attained an existing use at time of
application.
 What happens if the stream is later designated?
 Well Pads in Floodplains
 Flood Fringe and Flood Way
 Edge of pad; tanks
 Transmission Facilities – Undefined
 Act 2 areas
11
The “Project”
How does the draft Policy define “the project” for purposes
of requiring authorization under ESCGP-2? (Draft Policy §
III.A., at 3-4)
 “[S]ubstantially connected well sites, access roads,
pipelines, other service lines, support facilities, and/or
other oil and gas activities.”
 Must the earth disturbance activities occur
simultaneously to constitute one project? (Id.)
12
The “Project” (cont.)
What might this mean?
 Potential that DEP will require single authorization for multiple
projects sponsored by different persons
 Potential that DEP will combine different projects sponsored by
different persons to calculate the five-acre threshold under 25
Pa. Code sec. 102.5(c)
 Potential for common responsibility under ESCGP-2 among
different persons sponsoring different projects at different times
and distances.
 Potential for PNDI clearance for the entire project.
13
Potential “Project” Scenarios
14
The “Project” (cont.)
Is DEP’s proposed interpretation consistent with
Chapter 102?
 “A person proposing oil and gas activities that
involve 5 acres (2 hectares) or more of earth
disturbance over the life of the project shall
obtain an E&S Permit under this chapter prior to
commencing the earth disturbance activity”
(emphasis added).
15
Major Modifications to E&S Plans
What is a “major” modification under the draft Policy?
 “Major” modifications include, but are not necessarily limited to,
a “new or additional earth disturbance activity and the creation
of a new discharge location.” (Draft Policy § II.A., at 1).
 “Minor” modifications include “adjustments to BMPs and
locations within the permitted boundary to improve
environmental performance within the scope of the approved
E&S Plan, change in ownership or address, typographical errors
and field adjustments on-site such as the addition or deletion of
BMPs to address unforeseen circumstances.” (Id.)
16
Modifications (cont.)
What are the issues?
 Unclear whether any other modifications will
constitute “major” modifications.
 Reviewer seems to maintain discretion to
determine what is major and what is not.
 Unclear when new NOI is required
17
Difficulty with Application to Pipeline Projects
Are the Policy and ESCGP-2 requirements consistent
with construction of linear projects?
 There are a number of requirements in the draft
documents that are inconsistent with linear
project construction phasing and methods.
18
Pipelines (cont.)
What are some examples of requirements that are
inconsistent with pipeline projects?
 Perimeter BMP construction required before engaging in the
“bulk” of earth disturbance. However:
 Pipelines built in segments
 Is it practical to require installation of all perimeter BMPs for
the entire length of pipe?
 The Policy requires PCSM to may require PCSM BMPs to offset
any net increase in run-off. However:
 In the vast majority of cases, the disturbed area is fully
restored to pre-construction conditions after the pipeline is
installed.
 Installation and maintenance of post-construction BMPs
would create more earth disturbance than the project itself.
19
Pipelines (cont.)
What are other implications for pipelines?
 A well site remains “open” until DEP receives the
site restoration report. (Draft Policy § III.A., at 8).
 If DEP’s interpretation of “project” stands, it may
mean that a pipeline project that is completed
and the site restored remains “open” until the
well site is restored.
20
Practical Implications
What might all this mean?
 Delays in planning and project schedules
 Increase in planning and implementation costs
 Potential for large-scale coordination efforts
among separate entities sponsoring different
projects
21
Questions?
Thank you for your time.
George A. Bibikos
K&L Gates LLP
george.bibikos@klgates.com
(717) 231-4577
22
D
David R. Overstreet
AREAS OF PRACTICE
PITTSBURGH OFFICE
412.355.8263 TEL
412.355.6501 FAX
david.overstreet@klgates.com
HARRISBURG OFFICE
717.231.4517 TEL
717.231.4501 FAX
Mr. Overstreet has been with K&L Gates since 1993 and has an administrative law
and litigation practice spanning several substantive disciplines with an emphasis on
energy and environmental matters. He assists clients in a variety of business sectors
with permit applications and enforcement matters before state and federal regulatory
agencies, including the Pennsylvania Department of Environmental Protection and the
United States Environmental Protection Agency. Mr. Overstreet appears regularly
before the Pennsylvania Environmental Hearing Board as well as state and federal
courts in Pennsylvania and, in addition to being a member of the Pennsylvania bar, is
admitted to practice before the United States Supreme Court and the United States
Court of Appeals for the Third, Fifth and D.C. Circuits.
Mr. Overstreet also represents state and national trade associations in connection with
administrative agency rulemakings and adjudications and judicial review of such
actions. On behalf of national clients, he has appeared before, and litigated against,
federal and state agencies throughout the United States and has successfully
prosecuted civil actions brought against local and state government officials in federal
courts in several states.
Mr. Overstreet is actively involved on behalf of a number of different clients in
permitting, enforcement and litigation matters associated with the development of
shale gas facilities in Pennsylvania. He represents natural gas development, collection
and distribution companies with respect to gas well, air emission and water use
permits, leasing and property rights disputes, administrative enforcement actions and
related consent orders as well as third-party permit appeals. He also defends clients
against civil actions alleging groundwater and surface contamination and personal
injury allegedly associated with gas well development and, as part of his shale gas
development practice, Mr. Overstreet has worked with leading experts in a variety of
technical disciplines.
In addition to his work with natural gas development and distribution companies,
Mr. Overstreet represents clients in the waste management, refining and power
generation sectors. For more than fifteen years, he has advised clients with permitting,
enforcement and litigation matters arising in connection with the development and
operation of landfills, oil refineries, surface mines and natural gas power plants.
Mr. Overstreet also has a commercial litigation practice, as a complement to his
regulatory and administrative litigation practice, and has served as lead counsel in jury
and non-jury trials in state and federal courts. Mr. Overstreet has also represented
witnesses and targets in grand jury proceedings and, on behalf of national clients, has
lead confidential, internal investigations into allegations of alleged fraud and related
statutory and regulatory violations.
For several years prior to attending law school, Mr. Overstreet developed and
managed a franchise and independent restaurant group that grew to include several
K&L Gates LLP
David R. Overstreet
restaurants with approximately one hundred and fifty employees.
BAR MEMBERSHIP
Pennsylvania
EDUCATION
J.D., Villanova University, 1993 (magna cum laude; Order of the Coif; Managing
Editor, Villanova Law Review)
B.S. (Business Administration), Pennsylvania State University, 1982
K&L Gates LLP
John P. Englert
AREAS OF PRACTICE
John Englert is a partner in the Environmental, Land Use and Natural Resources
Practice Group and works in the Pittsburgh office. Mr. Englert has over 25 years of
environmental safety and health experience, and counsels corporate clients on
regulatory compliance issues and related business risk management issues. Mr.
Englert has represented companies before numerous state and federal administrative
agencies and in state and federal courts.
PITTSBURGH OFFICE
412.355.8331
TEL
412.355.6501
FAX
john.englert@klgates.com
PROFESSIONAL BACKGROUND
Since joining K&L Gates in 1994, Mr. Englert has advised numerous clients on a wide
range of environmental matters. He has helped clients obtain necessary environmental
permits and approvals, ranging from general stormwater discharge permits through
complex PSD air permits and RCRA hazardous waste treatment permits. He has
counseled oil and gas clients on regulatory compliance, permitting, hazardous material
transportation, and environmental cleanup matters. Mr. Englert has also represented
clients in administrative enforcement actions and in civil litigation concerning alleged
violations, permit appeals, recovery of environmental cleanup costs and other matters.
Prior to joining K&L, Mr. Englert was a consultant for over 13 years. During that
time he gained extensive experience in environmental permitting and regulatory
compliance, particularly in New York, where he was based for most of this period.
Mr. Englert has published numerous articles on nuclear and environmental issues.
PRESENTATIONS
Include any presentations/speaking engagements.
PUBLICATIONS
Include any publications.
PROFESSIONAL/CIVIC ACTIVITIES



Allegheny County Bar Association - Environmental Law Section
American Bar Association - Section of Environmental, Energy, and Resources
Pennsylvania Bar Association - Environmental Law and Administrative Law
Sections
COURT ADMISSIONS




Supreme Court of New York
Supreme Court of Pennsylvania
U.S. District Court of the Western District of Pennsylvania
U.S. Courts of Appeals for the 3rd and 6th Circuits
BAR MEMBERSHIP

K&L Gates LLP
Bar of New York
John P. Englert

Bar of Pennsylvania
EDUCATION
J.D., State University of New York at Buffalo Law School (1993) (magna cum laude)
M.S., State University of New York at Buffalo (1980)
B.A., State University of New York at Buffalo (1977) (cum laude)
K&L Gates LLP
George A. Bibikos
AREAS OF PRACTICE
Mr. Bibikos has a litigation and regulatory practice that focuses on oil and gas law,
energy and natural resource development, environmental litigation and regulatory
counseling, public utility law, procurement matters, and administrative law. His areas
of emphasis include:
HARRISBURG OFFICE
717.231.4577
TEL
717.231.4501
FAX
george.bibikos@klgates.com

Oil and gas, with an emphasis on lease litigation, environmental litigation,
transactional advice, and regulatory compliance.

Commercial litigation and appeals, with an emphasis on federal practice and
appellate advocacy, including representation of clients in state and federal trial
courts, all Pennsylvania state appellate courts, the Third Circuit Court of Appeals,
and the Supreme Court of the United States.

Administrative agency litigation, including representation of clients before the
Public Utility Commission, Environmental Hearing Board, various professional
licensing agencies, and regional water management agencies such as the
Susquehanna and Delaware River Basin Commissions.

Environmental counseling and compliance, including oil and gas well
permitting issues, well site development, well casing and cementing requirements,
erosion and sedimentation controls, well site restoration, air quality, and water
resource planning and management.

Public utility law, including jurisdictional disputes, extension of service disputes,
rate cases, compliance filings, and pipeline construction and safety requirements
under federal and state law.

Procurement matters, with an emphasis on bid protest litigation in local and state
agencies and on appeal to the Commonwealth Court of Pennsylvania.
In addition to his practice, Mr. Bibikos serves as Adjunct Professor of Oil and Gas
Law at Widener University School of Law in Harrisburg, Pennsylvania.
PROFESSIONAL BACKGROUND
From 2003 to 2005, Mr. Bibikos served as a law clerk for the Honorable Dan
Pellegrini of the Commonwealth Court of Pennsylvania.
PROFESSIONAL/CIVIC ACTIVITIES





K&L Gates LLP
Barrister, James S. Bowman American Inns of Court (2010)
Council Member, Administrative Law Section, PBA (Appointed)
Appellate Advocacy Committee, PBA (Appointed)
Judge, Widener Law Moot Court Competitions
Faculty, Widener Law Intensive Trial Advocacy Program
George A. Bibikos

Chair, Class Agent Program, Widener Law Alumni Association
PUBLICATIONS
Mr. Bibikos has published over 25 law reviews and other articles that span a variety of
disciplines, including oil and gas law, environmental law, constitutional law, appellate
practice and procedure, procurement, public utility law, local land use and zoning
requirements, and labor and employment issues. He is a co-author with Jeffrey C.
King of A Primer on Oil & Gas Law in the Marcellus Shale States, cited favorably by
the Pennsylvania Supreme Court, the United States Court of Appeals for the Ninth
Circuit, and other secondary sources.
SPEAKING ENGAGEMENTS
Mr. Bibikos has lectured on many topics including oil and gas law, environmental
law, trial and appellate practice, state procurement, Pennsylvania state tax exemptions
for religious and charitable institutions, and civil rights.
COURT ADMISSIONS




Supreme Court of Pennsylvania
U.S. Supreme Court
U.S. Court of Appeals for the Third Circuit
U.S. District Court for the Middle District of Pennsylvania
BAR ADMISSIONS
Pennsylvania
EDUCATION
J.D., Widener University School of Law, 2003 (magna cum laude; Editor-In-Chief,
Widener Law Journal; Phi Kappa Phi National Honor Society; Widener Scholar)
B.A., Shippensburg University, 2000
HONORS AND ACHIEVEMENTS



Selected by Pennsylvania Super Lawyers© magazine for inclusion in the 2010,
2011, and 2012 Rising Stars list of top young lawyers in the state.
Received a “Pro Bono Award” from the Pennsylvania Bar Association in 2009.
Received an “Outstanding Recent Alumni Award” from Widener University
School of Law in 2007.
LANGUAGES
Greek
REPRESENTATIVE EXPERIENCE
Since joining the firm in 2005, Mr. Bibikos has represented a broad range of clients in
the energy sector, including oil and gas companies, interstate pipeline companies,
midstream companies, pipeline manufacturers, seismic exploration companies, public
utilities, and alternative energy producers. Mr. Bibikos also represents land
developers, major food corporations, government contractors, and other commercial
K&L Gates LLP
George A. Bibikos
entities in various market sectors. His representative work includes the following:
OIL AND GAS

Representation of major oil and gas production companies targeting the
Marcellus Shale in the Appalachian Basin region, including advice on lease
terms, royalty and bonus payments, fractured ownership of oil and gas and
other mineral interests, surface use, voluntary and forced pooling, physical
and seismic trespass, seismic testing, gas migration and water pollution
allegations, lease drafting, well site development on private and government
owned lands, and due diligence on leasehold acquisitions.

Represented oil and gas production companies in major cases resulting in
precedent setting decisions for the industry in Pennsylvania, including Belden
& Blake v. DCNR, 969 A.2d 528 (Pa. 2009) (successful affirmation of
surface use rights of oil and gas owners/lessees); Range Resources v. Salem
Township, 964 A.2d 869 (Pa. 2009) (successful challenge to local ordinance
regulating oil and gas activities); and Kilmer v. Elexco Land Services, 990
A.2d 1147 (Pa. 2010) (successful defense of thousands of natural gas leases
challenged by landowners under the Pennsylvania Minimum Royalty Act).

Representation of a major worldwide oil and gas production company in
lease disputes in Pennsylvania.

Representation of major Marcellus Shale players in litigation involving lease
termination issues, co tenancy issues, surface use disputes, royalty disputes,
pooling issues, top leasing, and related lease matters.

Representation of oil and gas production company in lawsuit alleging water
supply contamination.
ENVIRONMENTAL LITIGATION AND REGULATORY COUNSELING
K&L Gates LLP

Represented oil and gas operator in challenge to well permit issued by
Department of Environmental Protection.

Represented ethanol plant in challenges to air quality plan approval issued by
Department of Environmental Protection.

Counsel to well operators and midstream companies regarding erosion and
sedimentation controls for oil and gas activities in Pennsylvania.

Advised major oil and gas producing company regarding national water
resource management and regulatory programs governing water withdrawal
and use requirements.

Representation of oil and gas production companies on environmental and
regulatory permitting requirements, including erosion and sedimentation
controls for well pad and gas pipeline projects, blasting permits for seismic
George A. Bibikos
activities, road use and bonding matters, local zoning matters, and forced
pooling and unitization issues.
PUBLIC UTILITY LITIGATION AND REGULATORY COUNSELING

Representation of land developer in dispute over extension of wastewater
service to proposed land development.

Representation of water utilities in rate cases.

Representation of pipeline companies in certification proceedings.

Advise clients regarding natural gas pipeline construction and safety
regulations for gathering and transportation lines.
PROCUREMENT MATTERS

Representation of contractors in bid protests challenging award of contracts
by Pennsylvania Department of Public Welfare.

Representation of telecommunications company on appeal from order
enjoining unlawful award of telephone services contract for local prison.
STATE AND FEDERAL LITIGATION AND APPEALS
K&L Gates LLP

Representation of a major manufacturer of chocolate in dismissal of lawsuit
alleging public nuisance.

Representation of major fresh produce company in commercial lease dispute.

Appellate representation of trade association in defense of agency order
regarding milk price premiums.

Appellate representation of public officials challenging Governor’s line item
veto power.

Appellate representation of public officials in taxpayer litigation challenging
constitutionality of legislative enactments and legislative appropriations.

Appellate representation of habeas petitioners in the United States Court of
Appeals for the Third Circuit and in Supreme Court of the United States
alleging ineffective assistance of prior counsel.

Appellate representation of amicus parties in the United States Court of
Appeals for the Third Circuit and in Supreme Court of the United States
regarding legislative immunity issues.
E
APPALACHIAN BASIN OIL AND GAS PRACTICE
The Marcellus Shale, currently the hottest natural gas play in North America,
could contain more than 500 trillion cubic feet of recoverable natural gas. The
opportunities associated with developing a shale play of that magnitude are
abundant. Along with these opportunities are numerous concerns such as the
technical challenges of drilling, environmental regulation, legal issues such as
surface and land use rights, the legislative landscape and financing alternatives.
K&L Gates has represented clients in the
oil and gas industry in Pennsylvania, West
Virginia, Ohio and New York for decades.
Our oil and gas practice is built on a
sophisticated and detailed understanding of
the legal aspects of exploring for, producing, transporting, storing, marketing and
processing natural gas, coal bed methane
and oil. Our oil and gas team is experienced
in all areas of law associated with the development of the Marcellus Shale including
the following:
• Mineral Rights/Leases
• Environmental (Air, Water, Waste,
Radiological)
• Litigation
• Permitting
• Water Use and Reuse
• Surface Use Agreements
• Regulatory/Tax Issues
• Mediation and Arbitration
• Public Policy
• Municipal and Township Ordinances
“K&L Gates has represented clients in the
oil and gas industry in Pennsylvania, West
Virginia, Ohio and New York for decades.”
K&L Gates’ oil and gas team includes lawyers
licensed to practice in the active areas of the
Appalachian region, including Pennsylvania,
West Virginia, Ohio and New York. Several
of our partners have extensive prior experience in serving with governmental agencies,
including the Pennsylvania Department
of Environmental Protection (PaDEP), the
Delaware River Basin Commission (DRBC),
the Susquehanna River Basin Commission
(SRBC), the Ohio River Valley Water Sanitation Commission and the U.S. Environmental
Protection Agency (U.S. EPA). These lawyers
also have long-standing relationships with
many public officials, including governors,
senators and congressmen and include
former members of the Pennsylvania cabinet
in legislative affairs.
“Our oil and gas team is experienced in all areas of law associated with the
development of the Marcellus Shale...”
We have represented industry interests in a
series of key court cases including Kilmer v.
Elexco Land Services Company, 990 A.2d
1147 (Pa. 2010); Range Resources—Appalachia, LLC, et al. v. Salem Township, et
al., 964 A.2d 869 (Pa. 2009); Belden &
Blake Corp. v. Commonwealth of Pennsylvania, Dep’t of Conservation and Natural
Resources, 969 A.2d 528 (Pa. 2009).
These cases deal with such important
issues as the following:
• State-required minimum royalties
affected by post-production charges.
• Claims of fraudulent inducement to
vitiate Marcellus Shale leases.
• Lease contests with respect to implied covenants to develop Marcellus Shale zones.
• The scope of preemption as to municipal
regulation of oil and gas development.
Environmental issues continue to affect
development of the Marcellus Shale play
and K&L Gates counsels its clients through
regulatory, permitting and enforcement
proceedings involving PaDEP, West Virginia
Department of Environmental Protection,
New York State Department of Conservation, Ohio EPA and U.S. EPA, as well as the
DRBC, SRBC and Pennsylvania Fish and
Boat Commission. Issues include new and
existing regulations, policies, guidance or
permitting approaches affecting air emissions, water use and reuse, waste treatment
and disposal, radiological concerns, surface
impoundments, pipelines, stream crossings
and threatened and endangered species.
We also assist our clients in enactment of
new and amended municipal and township ordinances that allow predictable and
efficient development while recognizing the
limited role of local government.
• State and federal regulation of natural
gas development on public lands where
the governmental units do not own or
control the mineral rights.
• The questions confronted in these
cases will set the framework for many
future development efforts.
For more information about our Appalachian Basin Oil and Gas practice, please contact any of the
lawyers listed below who are licensed to practice in the following states:
New York
Craig P. Wilson
+1.717.231.4509
craig.wilson@klgates.com
Pennsylvania
Craig P. Wilson
+1.717.231.4509
craig.wilson@klgates.com
Donald W. Stever
+1.212.536.4861
don.stever@klgates.com
David R. Fine
+1.717.231.5820
david.fine@klgates.com
John P. Englert
+1.412.355.8331
john.englert@klgates.com
R. Timothy Weston
+1.717.231.4504
tim.weston@klgates.com
Walter A. Bunt, Jr.
+1.412.355.8906
walter.bunt@klgates.com
Ohio
Craig P. Wilson
+1.717.231.4509
craig.wilson@klgates.com
David R. Overstreet
+1.412.355.8263
david.overstreet@klgates.com
10036
Contacts:
F
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Office of Oil and Gas Management
DOCUMENT NUMBER:
550-2100-008
TITLE:
Policy for Erosion and Sediment Control General Permit for Earth
Disturbance Associated with Oil and Gas Exploration, Production,
Processing or Treatment Operations or Transmission Facilities (E&S
General Permit for Oil and Gas Activities).
EFFECTIVE DATE:
Upon publication of notice as final in the Pennsylvania Bulletin
AUTHORITY:
The Clean Streams Law (35 P. S. §§ 691.1--691.1001); the Oil and Gas
Act (58 P. S. §§ 601.101--601.607); Sections 1905-A, 1917-A and 1920-A
of The Administrative Code of 1929 (71 P. S. §§ 510-5, 510-17
and 510-20); regulations at 25 Pa. Code Chapter 102 (relating to erosion
and sediment control) and 25 Pa. Code Chapter 78 (relating to oil and gas
wells).
POLICY:
Department of Environmental Protection (DEP) and Conservation
Districts will follow the guidance presented in this document to implement
Chapter 102 requirements for earth disturbance activities associated with
and gas exploration, production, processing, treatment operations or
transmission facilities (Oil and Gas Activities).
PURPOSE:
The purpose of this guidance is to inform those engaged in earth
disturbance activities associated with oil and gas exploration, production,
processing, treatment operations or transmission facilities how to comply
with the requirements of Chapter 102.
APPLICABILITY:
This document is the Department’s guidance for evaluating when a person
must obtain an E&S Permit for earth disturbance activities associated with
Oil and Gas Activities.
DISCLAIMER:
The policies and procedures outlined in this guidance document are
intended to supplement existing requirements. Nothing in the policies or
procedures shall affect regulatory requirements.
The policies and procedures herein are not an adjudication or a regulation.
There is no intent on the part of the Department to give these rules that
weight or deference. This document establishes the framework, within
which DEP will exercise its administrative discretion in the future. DEP
reserves the discretion to deviate from this policy statement if
circumstances warrant.
PAGE LENGTH:
17 pages
550-2100-008 / DRAFT January 17, 2012 / Page i
EROSION & SEDIMENT CONTROL FOR EARTH DISTURBANCE ACTIVITIES
ASSOCIATED WITH OIL AND GAS ACTIVITIES
I.
Permit Requirements
All persons performing earth disturbance activities associated with oil and gas activities must
implement and maintain Erosion and Sediment Control Best Management Practices (E&S
BMPs) to minimize the potential for accelerated erosion and sedimentation. A person proposing
earth disturbance activities must develop and implement a written Erosion and Sediment Control
Plan (E&S Plan) when earth disturbance activities will result in total earth disturbance of
5,000 square feet or more, the earth disturbance activity has the potential to discharge to water
classified as High Quality or Exceptional Value water under 25 Pa. Code Chapter 93 (relating to
water quality standards), or if the person is required to develop an E&S Plan under 25 Pa. Code
Chapter 102 or other Department regulations (e.g. 25 Pa. Code Chapter 105, relating to water
obstructions and encroachments and dam safety). A person proposing oil and gas activities that
involve five acres or more of earth disturbance over the life of the project must obtain an Erosion
and Sediment Control Permit (E&S Permit) prior to commencing the earth disturbance activity.
II.
Permit Process
A.
Notices of Intent for Coverage under the E&S General Permit for Oil and Gas
Activities (NOIs)
An applicant seeking an E&S General Permit for Oil and Gas Activities should submit an
NOI to either the Conservation District, DEP Regional Waterways Engineering and
Wetlands Program, or DEP Regional Oil and Gas Program depending on the proposed
activity to be authorized. All applicants must submit a complete an acceptable
application package that contains all of the items listed in the INSTRUCTIONS FOR A
NOTICE OF INTENT (NOI) FOR COVERAGE UNDER THE EROSION AND
SEDIMENT CONTROL GENERAL PERMIT (ESCGP-1) FOR EARTH
DISTURBANCE ASSOCIATED WITH OIL AND GAS EXPLORATION,
PRODUCTION, PROCESSING OR TREATMENT OPERATIONS OR
TRANSMISSION FACILITIES (DEP Document #5500-PM-OG0005).
Prior approval from the Department or Conservation District is required for all major
modifications to the approved E&S Plan. Major modifications include but are not limited
to new or additional earth disturbance activity and the creation of a new discharge
location. Major modifications to the approved E&S Plan may also require the submittal
of a new NOI.
All minor modifications to the E&S Plan and Post Construction Stormwater Management
(PCSM) Plan should be noted on the plan that is available at the site and initialed by the
Department or Conservation District staff. The Department should be notified when
minor changes to the E&S plan are made. Minor changes to the E&S Plan or the PCSM
Plan may include adjustments to BMPs and locations within the permitted boundary to
improve environmental performance within the scope of the approved E&S Plan, change
in ownership or address, typographical errors and field adjustments on-site such as the
addition or deletion of BMPs to address unforeseen circumstances.
550-2100-008 / DRAFT January 17, 2012 / Page 1
Transmission Facilities
NOIs for activities involving construction of transmission facilities should be submitted
to Conservation Districts, as defined in Section 3(c) of the Conservation District Law
(3 P.S. § 851(c)), which have the authority under a delegation agreement executed with
the Department to administer and enforce all or a portion of the erosion, sediment, and
stormwater management programs in this Commonwealth. For activities proposed in a
county that is not delegated, the review and processing of the E&S General Permit for Oil
and Gas Activities will be conducted by the Waterways Engineering and Wetlands
Program in the appropriate DEP regional office. Transmission facilities include:
transmission lines, transmission system compressor locations, gas purification and
scrubber locations that are located “downstream” of the gathering line system.
Conservation Districts will be responsible for inspection and complaint response for all
transmission facility earth disturbances. For non-delegated counties, the appropriate
regional DEP Waterways Engineering and Wetlands program shall have this
responsibility.
It is the policy of the Department to require only one permit for each construction
activity. Projects occurring in two counties should be processed in the County
Conservation District where the greater amount of project acreage is located.
Coordination of the technical review letter must occur between the two Conservation
Districts, with Department assistance, if necessary. Each district is authorized to charge a
plan review fee; however, the processing district retains the administrative filing fee.
Unless otherwise authorized by DEP, construction activities that occur in three or more
counties within one DEP regional office are processed by the DEP regional office. In this
case, the DEP regional office retains the administrative filing fee. Each Conservation
District will review the erosion and sediment pollution control plan for their respective
counties, and submit the plan review findings to the DEP regional office, which will then
generate the plan review letter incorporating the plan review findings and
recommendations from each Conservation District.
If, for example, a transmission line crosses more than one regional boundary, each region
would get a separate administratively complete NPDES permit application package for its
respective region, and process their own respectively. Again, each district would receive
a copy of the E&S Plan for their respective county, and would submit to the regional
office their technical deficiency comments. Each region would receive the administrative
filing fee.
In regions where it only affects two counties in that region, the county with the majority
of the project would receive the complete application package instead of the region and
retain the permit filing fee. The county with the least amount of disturbance would
coordinate their technical review letter with the other county.
In certain instances, the Department may elect to issue separate permits for extensive
linear projects, including, but not limited to, pipeline construction projects. Typically,
separate permits will be issued for each county, or other identifiable segment. However,
550-2100-008 / DRAFT January 17, 2012 / Page 2
in no case will subdividing the project exempt any portion of the project from permit
coverage.
All NOIs submitted for activities involving construction of transmission facilities will be
reviewed using a standard 60 day review process.
Exploration, Production, Processing or Treatment Facilities
NOIs for activities involving exploration, production, processing or treatment facilities
including, but not limited to, well sites, gas gathering or production lines, gathering
system compressor stations, impoundments and access roads for these facilities should be
submitted to the Oil and Gas Program at the appropriate DEP regional office.
Additionally, the Oil and Gas Program field staff is responsible for inspection and
complaint response for all earth disturbance activities associated with exploration,
production, processing, and treatment facilities.
NOIs submitted for activities involving exploration, production, processing or treatment
facilities are reviewed under a standard 60 day review process, except when an expedited
review is requested in specific circumstances, as described below.
Expedited Review Process
The Department offers an optional expedited permit process to persons seeking an
E&S General Permit. Applicants that qualify for and request permit coverage through the
expedited review process will be provided with an acknowledgement of coverage within
14 business days from the submission of a complete and acceptable NOI.
The expedited permit process is available to persons seeking an E&S General Permit for
earth disturbance activities other than the following:
Projects located in or with the potential to discharge to waters that have a
designated or existing use of High Quality (HQ) or Exceptional Value (EV)
pursuant to Chapter 93 (relating to water quality standards). Waters that have
attained a designated use are listed in Chapter 93. Waters that have attained an
existing use are listed at the following website:
http://www.portal.state.pa.us/portal/server.pt/community/existing_use/10557
Projects in which the area surrounding an oil or gas wellhead that is subject to
earth disturbance and that is used or planned for use for the drilling, production or
plugging of the well, including associated support activities (such as storage of
chemicals, wastewater, drill cutting, and equipment) will be constructed in or on a
Floodplain. For the purposes of this policy a floodplain is the lands adjoining a
river or stream that have been or may be expected to be inundated by flood waters
in a 100-year frequency flood. See 25 Pa. Code § 105.1. Unless otherwise
specified, the boundary of the floodplain is as indicated on maps and flood
insurance studies provided by FEMA. In an area where no FEMA maps or
studies have defined the boundary of the 100-year frequency floodplain, it is
assumed absent evidence to the contrary, that the floodplain extends from (1) any
550-2100-008 / DRAFT January 17, 2012 / Page 3
perennial stream to 100 feet horizontally from the top of the bank of such
perennial stream, and (2) from any intermittent stream to 50 feet horizontally
from the top of the bank of such intermittent stream.
Earth disturbance activities on lands that are known to be currently contaminated
by the release of regulated substances as defined in Section 103 of The
Pennsylvania Land Recycling and Environmental Remediation Standards Act
(Act 2), 35 P.S. § 6026.103.
Transmission facility projects.
NOIs for coverage under an E&S General Permit submitted through the “expedited
permit process” must be prepared and certified by a licensed professional (e.g. engineer,
surveyor, geologist or landscape architect) who is registered in Pennsylvania and who has
attended up-to-date training provided by the Department’s Office of Oil and Gas
Management on erosion and sediment control and post construction stormwater
management for oil and gas activities. The Department may update this training
periodically to address applicable regulatory or policy revisions or revisions to technical
guidance relating to erosion and sediment control or post construction stormwater
management. When the Department updates this training, a trained licensed professional
will need to attend this most current training to continue to prepare and certify NOIs for
expedited review. The Department will publish a notice in the Pennsylvania Bulletin
when it updates this training. Licensed professionals will have 1 calendar year to attend
training after the Department’s notice is published.
The licensed professional is responsible for the development of a complete and
acceptable NOI package, including an E&S Plan that specifies E&S BMP
implementation and maintenance requirements and a site restoration plan with PCSM
BMPs that meet regulatory requirements. All E&S Plan and PCSM/Site Restoration Plan
drawings and plan narratives submitted for the expedited review process must be sealed
by the licensed professional that prepared the application and plans. The seal must be
placed on the cover page of the plan drawings, each plan drawing and on the cover of the
narrative.
If a licensed professional routinely submits deficient NOIs, the Department may
determine that the licensed professional may no longer submit NOIs under the expedited
process. The Department will notify in writing any licensed professional that it
determines may no longer submit NOIs under the expedited review. Licensed
professionals that have been notified that they are no longer eligible to submit NOIs
under the expedited review may request to have their eligibility reinstated by the
Department not less than 1 year after receipt of notification that they are no longer
eligible. The request for reinstatement should include a demonstration of competency by
the licensed professional. The demonstration of competency may include:
Erosion and sediment control permits or plans that are technically sound and
approved by the Department or a Conservation District after the date of
suspension. These can include plans submitted for:
o
Standard Review ESCGP For Oil and Gas Activities
550-2100-008 / DRAFT January 17, 2012 / Page 4
o
Chapter 105 Waterway Encroachment Permits
o
General and Individual NPDES Permits for discharges associated with
construction
If the licensed professional does not prepare any erosion and sediment control
plans described above, the licensed professional may obtain certification as a
Professional in Erosion and Sediment Control and submit that certification to the
Department as a demonstration of competency.
Another form of demonstration approved by the Department.
If, after being reinstated, a licensed professional routinely submits deficient NOIs, the
Department may determine that the licensed professional may no longer submit NOIs
under the expedited process. Licensed professionals that have been notified that they are
no longer eligible to submit NOIs under the expedited process a second time will be
permanently excluded from submitting NOIs under the expedited process.
The Department will review NOIs, including E&S Plans and PCSM/Site Restoration
plans to ensure that applicants have submitted complete and acceptable applications.
Technical or administrative deficiencies may delay permit issuance. Time taken by an
applicant to correct a technical or administrative deficiency will not be counted toward
the review process timeframe. It is the responsibility of the applicant to ensure that the
application package, as submitted to the Department, is complete and free of deficiencies.
B.
Permit Fees
Fees for review and authorization of new permits and major modifications to previously
authorized earth disturbance for Oil and Gas Activities include an administrative filing
fee of $500 plus an additional fee of $100 for every acre of proposed disturbance. For
major modifications, the disturbed acreage fee should only be for the disturbed area being
added to the permit. For example, increasing from 100 to 105 disturbed acres with a
major modification would require payment for only the additional 5 acres. Fees are not
required for authorization of minor modifications to previously authorized earth
disturbance for Oil and Gas Activities. A NOI for a phased project should be submitted
with an administrative fee of $500 plus an additional fee of $100 for every acre of the
first phase of the project. Subsequent phases should be submitted with a fee of $100 for
every acre of proposed disturbance for that phase. The administrative filing fee will not
need to be paid with each subsequent phase submittal. Acreage fractions greater than or
equal to 0.5 should be rounded up to the nearest whole number and acreage fractions less
than 0.5 should be rounded down to the nearest whole number. Conservation Districts
may charge additional fees in accordance with Section 9(13) of the Conservation District
Law (3 P.S. § 857(13)). See 25 Pa. Code § 102.6(b).
For NOIs submitted directly to the Department, checks must be made payable to
“Commonwealth of Pennsylvania, Clean Water Fund”. All checks are to be dated within
10 days of the application submittal date and sent with the NOI directly to the Oil and
Gas Program in the appropriate DEP regional office.
550-2100-008 / DRAFT January 17, 2012 / Page 5
For NOIs submitted directly to a Conservation District, two checks are required. A check
for the administrative filing fee of $500 made payable to “(Name of delegated County
Conservation District), Clean Water Fund”. Conservation Districts may charge an
additional fee pursuant to 25 Pa. Code § 102.6(b)(3). The second check submitted with
the NOI is for the ‘per acre disturbance fee’ of $100/acre of earth disturbance and should
be made payable to “Commonwealth of Pennsylvania, Clean Water Fund.” Both checks
must be dated within 10 days of the application submittal date.
C.
Co-Permittees
Pursuant to 25 Pa. Code § 102.5(h), operators that are not permittees must be included as
co-permittees on the NOI. Section 102.1 defines “operator” as a person who has one or
more of the following: (1) oversight responsibility of earth disturbance activity on a
project site or a portion thereof who has the ability to make modifications to the E&S
plan, PCSM Plan or site specifications; or (2) day-to-day operational control over earth
disturbance activity on a project site or a portion thereof to ensure compliance with the
E&S Plan or PCSM Plan. Accordingly, for projects that involve earth disturbances
associated with the preparation of a well site, the well operator should be included as a
co-permittee if the operator is not the permittee.
D.
Preconstruction Meetings
Pursuant to 25 Pa. Code § 102.5(e), the Department will conduct a preconstruction
meeting for all earth disturbances authorized by and E&S General Permit, unless the
permittee has been notified otherwise in writing by the Department. The permittee shall
invite the Department to attend the preconstruction meeting and provide at least 7 days’
notice of the preconstruction meeting to all attendees. Where notice of a preconstruction
meeting has been provided to the Department and the preconstruction meeting is held
pursuant to § 102.5(e), but the Department’s representatives do not attend the scheduled
preconstruction meeting, the earth disturbance activities approved under the erosion and
sediment control general permit may proceed. The Department will develop a priority
process for conducting preconstruction meetings and use its best efforts to follow that
process. Priority projects may include:
1.
Projects located in, or with the potential to discharge to, water that have a
designated or existing use of High Quality or Exceptional Value pursuant to
Chapter 93 (relating to water quality standards);
2.
Earth disturbance conducted in or on the following sensitive areas:
a.
Highly erodible conditions (soils in combination with percent slope) as
follows:
i.
3% to 8% slope with soil K factor greater than 0.37;
ii.
8% to 15% slope with soil K factor greater than 0.28; or
iii.
15% slope with soil K factor greater than 0.18
550-2100-008 / DRAFT January 17, 2012 / Page 6
b.
3.
III.
Geological formations that present a risk to public health, safety and the
environment, including:
i.
Sinkhole development;
ii.
Land sliding; or
iii.
Formations with significant potential to cause or contribute to
pollution when disturbed including acid, radioactive, and arsenic
bearing formations
c.
Projects located in wetlands or floodplains;
d.
Well sites that are located on a slope with a cut or fill that has a final
vertical height greater than or equal to 40 feet from toe of fill slope to the
well site elevation.
e.
Lands that are currently contaminated from a spill or release or a
hazardous material, or hazardous, toxic, or other regulated substance, as
there terms are defined in Pa. Code 25 of the Pennsylvania Code, that pose
a risk or threat to public health, safety, or the environment;
Earth disturbance conducted by a person who is in continuing violation of
Chapter 102 (relating to sediment and erosion control) or an E&S Permit for earth
disturbance associated with Oil and Gas Activities, where notice of violations or
compliance orders have been issued and the operator is correcting those violations
to the satisfaction of the Department.
Permitting Guidelines
A.
Defining the Project
Pursuant to 25 Pa. Code § 102.5(c), a person proposing Oil and Gas Activities that
involve five acres or more of earth disturbance over the life of the project must obtain an
E&S Permit under Chapter 102 prior to commencing the earth disturbance activity. As
used in § 102.5(c), the Department interprets “project” to be substantially connected well
sites, access roads, pipelines, other service lines, support facilities, and/or other oil and
gas activities.
Well Sites
At a minimum, a well site project includes construction of the well site and access roads.
Accordingly, the well site and the access roads are substantially connected and constitute
a project for 25 Pa. Code § 102.5(c) permitting purposes. For multiple well sites that are
concurrently under construction with a common access road, the well sites and access
road are substantially connected and constitute a project. Well sites constructed along a
common access road are substantially connected to every other well site that is
concurrently under construction along the common access road and constitute a project.
550-2100-008 / DRAFT January 17, 2012 / Page 7
The Department considers a well site to be under construction until the Department
receives the well site’s restoration report.
Roads
Activities involving the construction or improvement of roadways used for the sole
purpose of conducting Oil and Gas Activities as defined in § 102.1 that do not meet the
definition of Road Maintenance Activities as defined in § 102.1 are Oil and Gas Activities
and may be substantially connected to well sites, pipelines, other service lines or support
facilities.
Activities meeting the definition of Road Maintenance Activities as defined in § 102.1 are
not Oil and Gas Activities and are not substantially connected to well sites, new road
construction, pipelines, other service lines or support facilities. However, according to
25 Pa. Code § 102.5(b), a person proposing a road maintenance activity involving
25 acres or more of earth disturbance must obtain an E&S Permit under Chapter 102
prior to commencing the earth disturbance activity.
Pipelines or Other Service Lines
Pipelines or other service lines constructed as part of the same common line or with
contiguous earth disturbance are substantially connected and constitute a project. The
Department considers pipelines and other service lines that are contiguous along the
entire length of the line from the point of origin to the point of termination to be part of
the same common line. Intersection points between pipelines or other service lines may
be considered the point of termination for all but one of the intersecting lines. In the case
of pipelines, this will generally be the larger line.
Well sites, access roads, and pipelines or other service lines are substantially connected
and part of the same project when the well sites are constructed with interconnecting
pipelines or other service lines and construction of the interconnecting service lines is
commenced prior to completing all of the following items:
Submission of a restoration report for all well sites to the Department,
Achievement of permanent stabilization of all disturbed areas, and
Receipt of the notice of termination acknowledgement from the Department for
any erosion and sediment control permits for the connected well sites and access
roads.
Pipelines, other service lines, support facilities and/or access roads that are connected to
multiple well sites and are constructed after completing all of the following items may be
considered independent projects from the well sites:
Submission of a restoration report for all well sites to the Department,
Achievement of permanent stabilization of all disturbed areas, and
550-2100-008 / DRAFT January 17, 2012 / Page 8
Receipt of the notice of termination acknowledgement of any erosion and
sediment control permits by the Department for the well sites and access roads
Support Facilities
A support facility, including but not limited to, an impoundment, staging area, tank farm,
auxiliary road, parking lot, and borrow area or rock pit (“borrow pit”), that is within
900 feet of a well site is substantially connected to that well site and is thereby part of
that well site project for § 102.5(c) permitting purposes. The Department presumes that
borrow pits not regulated by the Non-Coal Surface Mining Conservation and
Reclamation Act, permitted centralized wastewater impoundments and centralized
freshwater impoundments are part of at least one well site for bonding and restoration
requirements in § 78.302 and § 78.65, respectively. These requirements are held separate
and independent from determinations of the scope of a project for erosion and sediment
control permitting purposes. For additional information regarding mining permit
requirements please see Borrow Pits for Oil and Gas Well Activities (DEP Document
#563-2111-115).
Support facilities that are not substantially connected to a well site may be independent
projects from the well site project.
Once the earth disturbance activity, site restoration and permanent stabilization of a
project are completed and the Notice of Termination is acknowledged by the Department,
additional earth disturbance activity at the project site is a new project.
Permanent stabilization cannot be implemented intermittently in order to keep below the
five acre threshold and avoid permit requirements.
IV.
Stabilization and Restoration
A.
Temporary Stabilization
According to 25 Pa. Code § 102.22(b), upon temporary cessation of an earth disturbance
activity or any stage or phase of an activity where cessation of earth disturbance activities
will exceed 4 days, the site must be immediately seeded mulched or otherwise protected
from accelerated erosion and sedimentation pending future earth disturbance activities.
For the earth disturbance activity or any stage or phase of an activity to be considered
temporarily stabilized, the disturbed area must be covered with either a minimum
uniform coverage of mulch and seed with a density capable of resisting accelerated
erosion and sedimentation or an acceptable BMP which temporarily minimizes
accelerated erosion and sedimentation. See 25 Pa. Code § 102.22(b).
The Department considers earth disturbance activity to be ceased when earth disturbance
activity is no longer occurring on a project site in accordance with the sequence of BMP
installation and removal in the erosion and sedimentation control plan.
550-2100-008 / DRAFT January 17, 2012 / Page 9
B.
Permanent Stabilization
According to 25 Pa. Code § 102.22(a), upon final completion of an earth disturbance
activity or any stage or phase of activity, the site must have topsoil immediately restored,
replaced, or amended, seeded, mulched or otherwise permanently stabilized and protected
from accelerated erosion and sedimentation. For the earth disturbance activity or any
stage or phase of an activity to be considered permanently stabilized, the disturbed area
must be covered with a minimum uniform 70% perennial vegetative cover with a density
capable of resisting accelerated erosion and sedimentation or an acceptable BMP which
permanently minimizes accelerated erosion and sedimentation. See § 102.22(a)(2).
At a minimum all of the following standards should be met:
C.
1.
The work area around the well and access road is stabilized with an erosion
resistant material such as durable crushed rock, aggregate, gravel or other suitable
material, and is capable of supporting the weight of the equipment being used.
2.
Appropriate BMPs, such as culverts, rock protected outlets, and appropriate
erosion resistant linings, are placed in channels, and roadside ditches.
3.
The remainder of the disturbed area is stabilized with a minimum of 70%
perennial vegetative cover with a density capable of resisting accelerated erosion
and sedimentation or, seed and soil amendments are applied and the area is
secured with appropriate BMPs such as mulch, erosion control blankets, or seed
impregnated erosion control mats so that the required vegetation is established the
next growing season. Applying seed and mulch to snow covered areas is not an
acceptable BMP. Seeding and mulching alone is not considered permanent
stabilization. Where the vegetation is not compatible with the land use (e.g.
cropland) an acceptable BMP that permanently minimizes accelerated erosion and
sedimentation must be in place.
4.
Temporary BMPs, such as mulch, filter fence, straw bale barriers, filter socks or
rock filters, are installed and maintained until the minimum 70% vegetative cover
is established.
Well Site Restoration
Pursuant to § 206(a) of the Oil and Gas Act, each oil or gas well owner or operator must
restore the land surface within the area disturbed in siting, drilling, completing and
producing a well. This requirement is applicable within all areas of disturbance identified
as part of the well site in the project’s E&S Plan and PCSM Plan.
Restoration After Drilling
Pursuant to § 206(c) of the Oil and Gas Act, within 9 months after completion of drilling
of any well, the owner or operator must restore the well site, remove or fill all pits used to
contain produced fluids or industrial wastes and remove all drilling supplies and
equipment not needed for production. Drilling supplies and equipment not needed for
550-2100-008 / DRAFT January 17, 2012 / Page 10
production may be stored on the well site if express written consent of the surface
landowner is obtained.
When multiple wells are drilled on a single well site, the Department interprets § 206(c)
of the Oil and Gas Act to mean that post drilling restoration is required within 9 months
after completion of drilling all permitted wells on the well site and/or the expiration of
the all existing well permits on the well site, whichever occurs later in time.
Additionally, the Department interprets § 206(c) of the Oil and Gas Act to mean that post
drilling restoration includes the restoration of any centralized wastewater or freshwater
impoundments Centralized wastewater or freshwater impoundments must be restored
when no additional wells will be serviced by the impoundment after the 9 month
restoration period. If additional wells will be serviced by the centralized wastewater or
freshwater impoundment, as evidenced by a new valid well permit issued by the
Department within the 9 month restoration period, restoration of the wastewater
impoundment site is not required until 9 months after the final well serviced by the
impoundment is drilled.
Finally, the Department interprets § 206(c) of the Oil and Gas Act to mean that post
drilling restoration includes the restoration of any borrow pit used to construct access
roads or well sites. Borrow pits must be restored within 9 months of drilling the last well
on a site that was developed using material obtained from the borrow pit. If additional
well sites or access roads will be developed using material obtained from the borrow pit
as evidenced by a new valid well permit for a site that was or will be developed from
material obtained from the borrow pit within the 9 month restoration period, restoration
of the borrow pit is not required until 9 months after the final well on a site developed
with material obtained from the borrow pit is drilled.
Under to 25 Pa. Code § 102.8(n), the portion of a site restoration plan that identifies
PCSM BMPs to manage stormwater from Oil and Gas Activities permitted in accordance
with Chapter 78 may be used to satisfy § 102.8’s PCSM Plan requirements if the
PCSM/Site Restoration Plan meet the requirements of § 102.8, subsections (b), (c), (e),
(f), (h), (i), (l) and when applicable (m).
Section 102.8(b) provides the requirements regarding general PCSM planning and
design, including that the management of post construction stormwater must be planned
and constructed to the extent practicable to prevent a net change in stormwater volume,
rate, and quality when comparing preconstruction conditions to post construction
conditions. See § 102.8(b)(2), (3). According to § 102.8(f)(8), a PCSM Plan must
contain supporting calculations. To fulfill the requirements of § 102.8 subsections (b)
and (f), a PCSM/Site Restoration Plan should include supporting calculations and
analysis to demonstrate that there will be no increase in the peak rate of stormwater
runoff for the 2-, 10-, 50- and 100-year/24-hour event when compared to preconstruction
conditions. Additionally, a PCSM/Site Restoration Plan should include supporting
calculations and analysis to demonstrate that there will be no net increase in the volume
of stormwater runoff for storms up to and including the 2-year/24-hour event the when
compared to preconstruction conditions.
550-2100-008 / DRAFT January 17, 2012 / Page 11
The Department considers a well site to be restored under § 206(c) of the Oil and Gas Act
when the operator meets the following criteria:
1.
All permanent post construction stormwater control features as identified in the
PCSM/Site Restoration Plan are in place.
2.
Remaining impervious areas are minimized. See 25 Pa. Code § 102.8(b)(4).
Impervious areas include but are not limited to areas where the soil has been
compacted, areas where the soil has been treated with amendments to firm or
harden the soil and areas where soil is underlain with a synthetic or other type of
impermeable liner.
3.
All areas of the site not needed for production are restored to approximate original
conditions including preconstruction contours and land uses. The Department
considers the following areas as needed for production:
a.
Areas used for truck access (area should be no larger than needed for
trucks to access the site and turn around to leave the site)
b.
Areas used for storage tanks and secondary containment facilities
c.
Area used for well head(s) and appurtenant processing facilities
d.
Area used for any necessary safety buffer
e.
Area used to store any supplies or equipment consented to by the surface
land owner
f.
Area used for implementation and management of long term PCSM BMPs
i.
Pursuant to 25 Pa. Code § 102.8(m)(1) the permittee or copermittee shall be responsible for long-term operation and
maintenance of PCSM BMPs unless a different person is identified
in the Notice of Termination and has agreed to long-term operation
and maintenance of the PCSM BMPs.
ii.
Pursuant to 25 Pa. Code § 102.8(m)(2) for any property containing
a PCSM BMP, the permittee or co-permittee shall record and
instrument with the recorder of deeds which will assure disclosure
of the PCSM BMP and the related obligations in the ordinary
course of a title search of the subject property. The recorded
instrument must identify the PCSM BMP, provide for necessary
access related to long-term operation and maintenance for PCSM
BMPs and provide notice that the responsibility for long term
operation and maintenance of the PCSM BMP is a covenant that
runs with the land that is binding upon and enforceable by
subsequent grantees and provide proof of filing with the notice of
termination under 25 Pa. Code § 102.7(b)(5).
550-2100-008 / DRAFT January 17, 2012 / Page 12
The disturbed area is covered with a minimum uniform 70% perennial vegetative
cover with a density capable of resisting accelerated erosion and sedimentation or
an acceptable BMP which permanently minimizes accelerated erosion and
sedimentation.
Areas needed for production and the proposed final site layout including
driveways, storage tanks, locations of wellheads and appurtenant gas processing
facilities, safety buffer, equipment consented to by the surface owner and
permanent PCSM BMPs should be shown on the site restoration plan drawings.
The site should be organized in the most spatially efficient manner practicable to
minimize any unrestored area.
Pursuant to § 206(g) of the Oil and Gas Act, the restoration period may be
extended by the Department for an additional 6 months upon application of the
well owner or operator providing evidence of inability to comply with the original
restoration deadline due to adverse weather conditions or lack of essential fuel,
equipment or labor.
Pursuant to 25 Pa. Code § 78.65(3), within 60 days after the restoration of the
well site, the operator must submit a well site restoration report to the
Department.
Restoration After Plugging
Pursuant to § 206(d) of the Oil and Gas Act, within 9 months after plugging a well, the
owner or operator shall remove all production or storage facilities, supplies and
equipment and restore the well site. The Department considers a well site to be restored
under § 206(d) of the Oil and Gas Act when the entire well site is restored to as closely to
the original conditions as practicable, including restoration of original contours and land
uses. When multiple wells are drilled on a single well site, the Department interprets
§ 206(d) of the Oil and Gas Act to mean that the 9 month timeframe for permanent
restoration begins after plugging the final well on that site.
Pursuant to § 206(g) of the Oil and Gas Act, the restoration period may be extended by
the Department for an additional 6 months upon application of the well owner or
operator providing evidence of inability to comply with the original restoration deadline
due to adverse weather conditions or lack of essential fuel, equipment or labor.
Pursuant to 25 Pa. Code § 78.65(2) if a well site is constructed and the well is not drilled,
the well site shall be restored within 30 days after the expiration of the well permit unless
the Department approves an extension application by the well owner or operator for
reasons of adverse weather or lack of essential fuel, equipment or labor.
V.
Phased Projects and Future Conceptual Activities
Under 25 Pa. Code § 102.5(e), “a person proposing oil and gas activities that involve 5 acres
(2 hectares) or more of earth disturbance over the life of the project shall obtain an E&S Permit
under Chapter 102 prior to commencing the earth disturbance activity.” In some cases, the life
550-2100-008 / DRAFT January 17, 2012 / Page 13
of the project as defined above may be a long term or large scale project and the operator may
wish to develop the project over time or in phases.
If an operator plans to develop a phased project, but the exact location of wells in the subsequent
phases cannot be determined until some wells are drilled, an operator may still seek an E&S
General Permit for Oil and Gas Activities for a phased project so long as the operator identifies
the anticipated scope, locations, and types of activities of such subsequent phases.
Under the phased project approach, a NOI can be submitted with the initial phase or phases
accompanied with detailed construction plans and drawings. The subsequent phases can be
submitted without detailed construction plans and drawings but with sufficient detail to describe
the scope, location and type of activity to allow the Department to assess the total environmental
impact of the project.
To qualify for a phased project, applicants need to submit the following:
A.
For the entire project area
1.
A completed NOI for ESCGP.
2.
An application must be accompanied by a check with the appropriate permit
application fee: a $500 administrative filing fee, and $100 for each disturbed acre
of the first phase of the project.
3.
Municipal notifications to all county(ies) and municipality(ies) and proof of
receipt. Municipal notification should be made for all phases of the project site in
the event that the phased project crosses municipal boundary lines.
4.
Complete PNDI form and search receipt(s) for all phases of the project site.
5.
An E&S Plan and Site Restoration/PCSM Plan containing the following
information:
a.
The existing topographic features for the project site and immediate
surrounding area.
b.
The types, depth, slope, locations and limitations of the soils.
c.
A narrative description and plan drawings showing the locations and the
characteristics of the earth disturbance activity including past, present and
proposed land uses and a description of the planned physical alterations,
earth disturbances and other construction activities, as well as a general
description and location of anticipated BMPs, including BMPs for special
protection waters.
d.
The location of all surface waters which may receive runoff within or from
the project site and their classification pursuant to 25 Pa. Code Chapter 93.
550-2100-008 / DRAFT January 17, 2012 / Page 14
B.
e.
Procedures to ensure the proper handling, storage, control, disposal and
recycling of wastes or other materials that have potential to cause
pollution.
f.
A narrative description and a map (USGS topographic quadrangle or
equivalent) of the project area that identifies the location and
characteristics of sensitive areas or areas of environmental concern for the
project site. Sensitive areas or areas of environmental concern include but
are not limited to: wetlands, special protection waters, historic or cultural
resource areas and areas where threatened or endangered special or critical
habitat may be present.
For the initial phase (and each subsequent phase) of the project:
1.
A detailed description identifying the specific BMPs that will be used, plan
details, drawings, specifications and a sequence of BMP installation
2.
The amount of projected runoff and supporting calculations for each BMP.
3.
E&S Plan drawings identifying the location and boundaries of the phase, the
locations of BMPs that will be used, construction details, specifications and a
legend. Typical sketches may be used but must provide sufficient detail to
illustrate critical dimensions and construction requirements.
4.
Maintenance program including the inspection of BMPs on a weekly basis and
after each stormwater event including a written report documenting each
inspection and all BMP replacement, repair and maintenance conducted for each
BMP to ensure effectiveness.
5.
A site restoration plan that meets the requirements of 25 Pa Code § 102.8,
subsections (b), (c), (e), (f), (h), (i), (l) and when applicable (m). Subsection (m)
is applicable in cases where long term post construction stormwater management
BMPs are needed. Such cases include the construction of permanent, impervious
surfaces at a site that will remain after implementation of the site restoration plan
and require permanent stormwater management BMPs to meet requirements for
rate and volume of stormwater runoff.
6.
For subsequent phases only, a check with the appropriate per acre fee, $100 for
each total disturbed acreage of the subsequent phase. The $500 administrative
filing fee is not required after the initial NOI.
Note: Phased Projects and Conceptual Future Activities cannot be used to circumvent the five
acre threshold of earth disturbance.
VI.
Permit Termination
According to 25 Pa. Code § 102.7, upon completion of post drilling restoration or permanent
restoration of the well site as described in IV. Stabilization and Restoration Section 3, Well Site
Restoration and permanent stabilization of the earth disturbance activity including installation of
550-2100-008 / DRAFT January 17, 2012 / Page 15
BMPs as described in IV. Stabilization and Restoration Section 2, Permanent Stabilization the
permittee must submit a notice of termination to the Department. The notice of termination must
include the following:
1.
The facility name, address and location.
2.
The operator name and address.
3.
The permit number.
4.
The reason for permit termination.
5.
Identification of the persons who have agreed to and will be responsible for longterm operation and maintenance of the PCSM BMPs in accordance with 25 Pa.
Code § 102.8(m) and proof of compliance with 25 Pa. Code § 102.8(m)(2) (when
applicable).
Until the permittee or co-permittee has received written approval of a notice of termination, the
permittee or co-permittee will remain responsible for compliance with the permit terms and
conditions including long-term operation and maintenance of all PCSM BMPs on the project site
and is responsible for violations occurring on the project site. The Department or conservation
district will conduct a final inspection and approve or deny the notice of termination within
30 days.
550-2100-008 / DRAFT January 17, 2012 / Page 16
5500-PM-OOGM0005
NOI Instructions
Rev. 2/2012
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
OFFICE OF WATER MANAGEMENT
OFFICE OF OIL AND GAS MANAGEMENT
INSTRUCTIONS FOR A NOTICE OF INTENT (NOI) AUTHORIZATION PACKAGE FOR
COVERAGE UNDER THE EROSION AND SEDIMENT CONTROL GENERAL PERMIT
(ESCGP-2) FOR EARTH DISTURBANCE ASSOCIATED WITH OIL AND GAS
EXPLORATION, PRODUCTION, PROCESSING OR TREATMENT
OPERATIONS OR TRANSMISSION FACILITIES
GENERAL INFORMATION
permittee or the permit must be transferred to the
contractor.
The Department requires that you use the most up-todate NOI authorization package available. These
instructions are designed to assist the applicant in
completing the NOI and in determining if any other
environmental permits or approvals are needed for the
project. Please type or print clearly when completing
the form. If information requested is more than the
space allows, copy that appropriate page of the form
and complete as required. If a question is not
applicable to you or your project, check N/A in the
appropriate box.
Permit Authorization
The DEP Regional Office Oil and Gas Program or
delegated Conservation District for transmission
activities,
will
give
the
applicant
written
acknowledgement of permit coverage approval or
denial.
If the authorization is provided for an initial phase of a
phased permitted project, each subsequent phase
identified in the permit NOI will require submission for
review and decision individually. If approved, a
separate authorization will be made on each
subsequent phase. For more information on phased
permitted activities please see the Department Permit
Guidelines
for
Phased
NPDES
Stormwater
Discharges Associated with Construction Activity
Permits, Chapter 102 Erosion and Sediment Control
Permits, and Chapter 105 Waterway Restoration
Project Permits, Document Number 363-2134013.Also refer to ESCGP Policy Document No. 5502100-008.
Pursuant to 25 Pa. Code § 102.5(c) a person
proposing oil and gas activities that involve five (5)
acres or more of earth disturbance over the life of the
project must obtain an Erosion and Sediment Control
Permit (E&S Permit) prior to commencing the earth
disturbance activity. ESCGP-2 is an E&S Permit
under Chapter 102 issued pursuant to 25 Pa. Code §
102.5(m) for earth disturbances associated with oil
and gas exploration, production, processing or
treatment operations or transmission facilities. For
eligible projects, the Department offers a voluntary
expedited permit review process. NOIs submitted
through the expedited permit review which qualify for
permit coverage will be provided with an
acknowledgement of coverage within 14 business
days from the submission of a technically and
administratively complete and accurate NOI. Be
advised the expedited permit review is not
available for all projects. NOIs not submitted under
the expedited permit review may be provided with an
acknowledgement of coverage within 60 days of a
technically and administratively complete and
accurate NOI.
ESCGP-2 only authorizes earth disturbance under 25
Pa. Code Chapter 102 and does not include or
provide any necessary 25 Pa. Code Chapter 105
authorizations of water obstruction, encroachments or
dam in wetlands or water bodies of the
Commonwealth.
If necessary, an OG-0057 waiver request must be
submitted with the well permit for any well site which
lies within 100 feet of a blue line stream on a U.S.G.S.
Quad map or within 100 feet of any wetland greater
than one acre in size.
Note: As a condition of the permit, earth disturbance
activity cannot begin until written permit authorization
is received by the applicant. The applicant must notify
the Department 7 day notice prior to the
Preconstruction Meeting and Standard Condition #9 of
the ESCGP-2 requires Department notification 7 days
prior to the start of earth disturbance.
Operator Requirement
When the operator/contractor and owner/developer of
the facility or activity is not the same individual,
corporation, partnership, or other entity, the
Department requires in 25 Pa. Code § 102.5(h) that
both the operator and owner apply for coverage under
a permit as co-permittees. If no operator/contractor
has been selected at the time of permit NOI
submission,
then
once
selected,
the
operator/contractor must either be made a co-
NOI Checklist
The NOI checklist must be completed and enclosed
with the NOI. If the applicant is proposing a phased
-1-
5500-PM-OOGM0005
NOI Instructions
Rev. 11/2011
project the checklist must be included with each
subsequent phase submission.
Expedited – An NOI requesting to reviewed under the
“Expedited Review Option”.
The checklist is provided to ensure that the applicant
has included all the required information for an
administrative review. This checklist will also be
utilized by the Department or delegated Conservation
District to determine administrative completeness.
The Checklist also serves as an outline for these
instructions. Failure to provide all of the requested
information will delay the processing of the NOI, may
prohibit the use of the expedited review, and may
result in the NOI being placed on hold with no action,
or being considered withdrawn and the NOI file
closed with forfeiture of the NOI Filing Fee.
Phased – An NOI where an additional phase of
construction is being added to an already existing
permit that was established as a phased project at
the time of original permit issuance.
The following information must be provided in order to
identify the applicant.
1. Applicant's Last Name, First Name, MI.
Required information: Enter the Name of the
Corporation, Partnership, Agency or Individual.
1. Co-Applicant's Last Name, First Name, MI.
Required for additional individuals, partners or
operators to be co-permittee. Enter the Name of
the Corporation, Partnership, Agency or
Individual.
E&S and PCSM/SR Technical Preparation Guides
Technical preparation guides for both the E&S and
PCSM/SR Plans have been provided as Attachment A
and Attachment B respectively. These guides are
intended to provide specific points to be addressed in
the E&S and PCSM/SR Plans. Completion of these
guides will help ensure submission of administratively
complete and technically sound NOIs.
2. Mailing Address. The mailing address of the
Owner/Operator (applicant) identified above (this
should not include locational data that is not
appropriate for a mail piece). In addition to the
street number and name, PO Box#, RR# Box#, or
Highway Contract# designations, use any
appropriate designation and number to further
define the mailing address of the applicant.
e.g., APT (Apartment) FL (Floor) BLDG (Building)
RM (Room) DEPT (Department) STE (Suite)
1. NOI INSTRUCTIONS
The reviewing entity will give the applicant written
acknowledgement of permit coverage approval or
denial. If the Department or Conservation District
determines the NOI/Application is incomplete or
contains insufficient information, the applicant will be
notified in writing. The applicant will have 60 days to
provide the necessary information along with the
appropriate filing fees. If the requested information is
not submitted in 60 days, the NOI will be considered
withdrawn, and no fees will be refunded.
The
following information must be submitted in order for
the NOI to be considered administratively complete.
3. City, State, ZIP+4. Do not use abbreviations for
the city name. Use the two-character abbreviation
for the state. Include the four-digit extension to
the ZIP code.
Section B: Site Information
1. Site Name. Provide the name of the site at the
specific physical location.
Do not use
abbreviations, acronyms, etc.
Section A: Applicant Information
2. Site Location. Provide the physical address of
the location where the permitted activities will
occur. No PO Box Numbers will be accepted
for site location information. Provide the city
(or municipality), state, and the ZIP+4.
Application Type. Check the appropriate boxes for
the NOI type.
New – A new NOI for a project that has not yet been
permitted.
3. Detailed Written Directions to Site. When
providing written directions, do not use PO Box
address data.
Include landmarks and
approximate distances from the nearest highway.
Renewal – An NOI to renew an existing permit that is
nearing expiration.
This renewal should be
submitted a minimum of 60 days prior to
expiration.
Note: An expired permit cannot be renewed.
4. County and Municipality.
Indicate the
county(ies) and municipality(ies) in which the site
is located. Check the appropriate box to identify
the type of municipality entered (city, borough,
and township). If more than one municipality or
county is affected, please list them on an attached
separate sheet.
Modification (Major) – An NOI that will modify an
existing permit in a major way such as adding to
the total disturbed acreage. The reviewing entity
should be consulted for discussion prior to
submittal of this type of NOI.
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be clearly identified on the plan drawings and
narrative and on a master project site plan. The
sum of the total areas and disturbed areas listed
under line 6 should be equal to the size of the
Total Project Area and Total Disturbed Area
respectively, listed on line 1 of the NOI form. For
more information on phased permitted activities
please see the Department Permit Guidelines for
Phased
NPDES
Stormwater
Discharges
Associated with Construction Activity Permits,
Chapter 102 Erosion and Sediment Control
Permits, and Chapter 105 Waterway Restoration
Project Permits, Document No. 363-2134-013 and
Policy for Erosion and Sediment Control General
Permit for Earth Disturbance Associated with Oil
and Gas Exploration, Production, Processing or
Treatment Operations or Transmission Facilities
(E&S General Permit for Oil and Gas Activities),
Document Number 550-2100-008.
Section C: Project Information
1. Total Project Area/Project Site. The total project
area is the entire area of activity, development, or
sale, including the area of an earth disturbance
activity, the area planned for an earth disturbance
activity and other areas which are not subject to
an earth disturbance activity. Enter the size of the
area in acres. See ESCGP Policy Document No.
550-2100-008.
Total Disturbed Area. The Total Disturbed Area
is that portion of the total project area where earth
disturbance activities are planned to occur over
the life of the project. For phased projects, this
refers to the disturbed area of the initial project
phase plus the planned disturbed areas of
subsequent project phases in sufficient detail as
to allow evaluation of the total project impact.
Enter the size of the area in acres to the nearest
acre.
7. Existing and previous land use. List the existing
and previous land use for at least 5 years.
2. Project Name. Provide the name by which this
proposed earth disturbance activity or project is,
or will be known.
8. Other Pollutants. If the stormwater discharge
contains a pollutant other than sediment, list the
pollutant, the source of the pollutant, and
concentration. Provide a plan for removal of the
pollutant.
3. Project Type and Description. Check all boxes
that best describe the general type of activity. In
the Project Description, provide details such as
number of wells to be drilled. Does the project
include a tank battery, compressor station,
pipeline, etc.?
9. Preparedness Prevention and Contingency
(PPC) Plan. If you will use, store or transport
materials including fuels (other than fuels
contained in equipment fuel tanks), chemicals,
solvents, biocides waste water, wash water, core
drilling wastewater, cement, sanitary wastes, solid
wastes, hazardous wastes or other waste or
materials onto, on or from a project site during
earth disturbance activities, a PPC Plan must be
developed and implemented. In addition, the PPC
Plan must be available on site during earth
disturbance activities and available upon request.
4. Latitude and Longitude. Provide the latitude
and longitude coordinates for the approximate
center of the project area or facility.
The
coordinates should be in degrees, minutes and
seconds. The Reference Datum must be North
American 1983 (NAD 83). Check the appropriate
horizontal collection method.
5. U.S.G.S. Quad Map Name. Locate the project
area on an 8 ½" x 11" photocopy of the U.S.G.S.
topo map area. The map must include the name
of the appropriate 1:24,000 scale U.S.G.S. 7.5
minute series quadrangle map where the project
is located.
10. Identify
naturally
occurring
geologic
formations or soil conditions that may have
potential to cause pollutions during earth
disturbance activity and include BMPs to avoid or
minimize potential pollution and its impacts.
6. Estimated Timetable for Phased Projects.
Identify whether the project will be conducted as a
phased permitted project and that a master plan
identifying the initial and all subsequent phases
are included. Also provide an estimate of the
timetable for the major phases (Attach additional
sheet(s) of information when necessary). For the
initial and subsequent phases, provide a
description of the activity undertaken during the
phase, total area of the phase, the disturbed area
of the phase, and the start and end dates for each
phase of the activity. Each of these phases must
11. Identify potential thermal impacts to surface
waters of the Commonwealth from earth
disturbance activity including BMPs to avoid,
minimize or mitigate potential thermal pollution.
12. E&S and PCSM/SR Plan Consistency. The
E&S Plan must be planned, designed and
implemented to be consistent with the PCSM or
SR Plan. Unless otherwise approved by the
Department, the PCSM Plan must be separate
from the E&S Plan and labeled as such in the final
plans for construction (Chapter 25, Section
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18. Provide the Chapter 93 stream classifications.
The designated use of the receiving waters can
be obtained from 25 Pa. Code Chapter 93 of the
Department’s regulations located online at
www.pacode.com.
The existing use can be
obtained from the Department’s Statewide
Existing Use Listing at www.depweb.state.pa.us,
keyword: Existing Use.
102.8(d)). Projects that require site restoration as
opposed to PCSM may include the SR Plan as
part of the E&S Plan (Chapter 25, Section
102.8(n)).
13. Identify existing and proposed riparian forest
buffers.
14. Riparian Buffer Wavier.
For earth disturbance activities associated with
existing riparian buffers the Department has
provided for waivers associated with certain
activities as long as the existing riparian buffers
are undisturbed to the extent practicable and the
applicant
demonstrates
that
reasonable
alternatives will otherwise meet the requirements
of Chapter 102.14.
Applicants requesting a
waiver must submit a written request that
demonstrates that reasonable alternatives will
meet the requirements of the Department or
Conservation District with the NOI. The earth
disturbance activities for which waivers may be
obtained include:
19. Expedited Review Request. The Expedited
Review is not available for all projects. The
applicant must refer to Item 10, Expedited Review
Process, Page18 of these instructions to
determine if the project is eligible for an expedited
review.
Section D: Erosion and Sediment Control
Plan BMPs
All earth disturbance activities requiring permit
coverage under 25 Pa. Code Chapter 102 must
ensure that a written E&S Plan that meets the
requirements as described in Section 102.4(b) is
prepared and submitted with the NOI.
Unless
otherwise authorized by the Department or
Conservation District, earth disturbance activities must
be planned and implemented in accordance with the
following:
Linear projects which may include pipelines,
public roadways, rail lines or utility lines.
Projects that are temporary in nature and the
site will be fully restored to its existing
condition.
Minimize the extent and duration of the earth
disturbance.
Projects for which no other earth disturbance
option is available or feasible with respect to
riparian buffers.
15.
Maximize protection of existing drainage
features and vegetation.
Antidegradation Implementation.
Indicate
whether the antidegradation implementation
requirements are met.
Minimize soil compaction.
Utilize other measures or controls that prevent
or minimize the generation of increased runoff.
16. Waiver of Distance Requirements.
a. If the proposed earth disturbance includes
construction of a well site, indicate whether
any earth disturbance is proposed within 100
feet of a blue-line stream or a wetland at least
one acre in size. If the proposed earth
disturbance does not include construction of a
well site, indicate “N/A”.
If yes, proceed to section b.
b. Indicate whether an OG-0057 waiver request
has been obtained in accordance with Section
205(b) of the Oil and Gas Act
17. Seasonal High Ground Water. Indicate whether
the seasonal high ground water table has been
identified at all proposed pit and impoundment
locations.
1.
Provide a summary of E&S BMPs that
demonstrates that the E&S BMPs have been and
will be implemented in accordance Section
102.4(b).
2.
Riparian Buffer Information – Check off
appropriate boxes and provide information as
applicable. If a waiver is requested, the applicant
must provide a demonstration that there are
reasonable alternatives for compliance with this
section, that an existing riparian buffer is
undisturbed to the extent practicable, and that the
activity will otherwise meet the riparian buffer
requirements.
3. Summary Table for Supporting Calculation and
Measurement Data.
Please provide this
summary data from the calculations and
measures submitted as part of the SR Plan.
Reference the Stormwater Methodology used,
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municipality covered by an Act 167 Plan, approved by
the Department prior to 2005, the Act 167 consistency
requirement is not applicable and the SR Plan will
only be evaluated for compliance with Chapter 102.
To demonstrate consistency with the Act 167 plan, the
applicant may select one of the following options:
and check off the appropriate volume
measurement used (acre-feet or cubic feet). For
a project involving multiple watershed boundaries,
please submit a complete separate Section C for
each additional watershed.
4. Thermal Impact Analysis. This analysis must be
completed as part of the ESCGP-2 Permit NOI.
The applicant shall provide a summary of potential
thermal impacts associated with the planned
project and how the potential thermal impacts are
to be avoided, minimized, or mitigated.
Submit a letter provided by the municipal or
county planning engineer that verifies plan
consistency.
Submit an Act 167 Plan consistency
verification report. The report must be
prepared and sealed by a licensed
professional. The report should include the
following:
Some examples include: minimizing impervious
surfaces, maintain shade over and around
construction sites to the extent possible and
discharging from the bottom of surface
impoundments, using subsurface impoundments,
infiltration, and maximize the use of vegetated
areas to cool runoff prior to discharge.
Maintaining canopy cover and riparian buffers that
limit ground surface exposure to direct sunlight is
effective in the control of thermal pollution of
surface waters. Using borings instead of open
cuts for utility crossings will limit vegetation
disturbance and exposure of the ground surface
to sunlight.
a. A summary of the PCSM recommendations in
the plan including Peak Rate Controls,
Volume Controls, Water Quality Controls and
any other PCSM controls recommended in the
plan. A separate summary should be
submitted for each plan in the project area.
The summary should be as detailed as
practicable
b. Identification of watersheds in the plan where
hydrologic modeling was performed and
release rates more stringent than the DEP
Stormwater BMP Manual Recommended
Peak Rate Control Guideline have been
established.
The analysis should evaluate the effectiveness of
various alternatives or combination of alternatives
that prevent or minimize thermal pollution.
c.
Section E: Site Restoration (SR) Plan BMPs
A separate SR Plan is required for each watershed
where projects are crossing multiple watershed
boundaries. Three copies of the plan must be
provided. The plan should address rate, volume, and
water quality impacts to each drainage area.
The Chapter 102 regulations require that the design
standards be based on a 2-year/24-hour frequency
storm unless the applicant demonstrates to the
department that an alternative approach will be more
protective, or will protect and maintain existing and
designated uses. The permit NOI allows the use of
other design standards provided that certain criteria
are adhered to. The SR Plan should be designed to
maximize volume reduction technologies, eliminate
(where possible) or minimize point source discharges
to surface waters, preserve the integrity of stream
channels, and must protect the physical, biological
and chemical qualities of the receiving water.
Calculations to demonstrate that the SR plan
is consistent with the Department approved
Act 167 plan including post construction
stormwater runoff peak rate, volume, water
quality and any other control recommended
by the plan. When applicable the appropriate
worksheets
referenced
in
the
DEP
Stormwater Best Management Practices
(BMP) Manual should be included.
If no Department approved Act 167 plan exists, the
SR plan must otherwise comply with Section 102.8
and should be consistent with the practices contained
within the DEP Stormwater Best Management
Practices (BMP) Manual and should include the
appropriate completed worksheets referenced in the
Stormwater Best Management Practices (BMP)
Manual. In addition to these volume, rate and water
quality requirements, all SR plans must comply with
local flood control requirements.
Permittees and co-permittees are responsible for
proper installation of the SR Plan BMPs prior to the
submission of the Notice of Termination for this
permit. BMP's not included in the departments
manual will require documentation to support the
effectiveness of the BMP. SR Plans must address
all requirements of Chapter 102.8(n).
The SR plan must be consistent with any DEP
approved and current County Act 167 Plan. The
Department considers any Act 167 Plan from 2005 or
later to be current and requires that SR Plans must
demonstrate consistency with the Act 167 Plan.
Where a project is located within a watershed and
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1. Site Restoration Plan Information. Check all
applicable boxes and provide the requested
information regarding any Department approved
Act 167 plans.
surface waters. Using borings instead of open
cuts for utility crossings will limit vegetation
disturbance and exposure of the ground surface
to sunlight.
2. Riparian Buffer Information.
Check off
appropriate boxes and provide information as
applicable. If a waiver is requested, the applicant
must provide a demonstration that there are
reasonable alternatives for compliance with this
section, that an existing riparian buffer is
undisturbed to the extent practicable, and that the
activity will otherwise meet the riparian buffer
requirements.
The analysis should evaluate the effectiveness of
various alternatives or combination of alternatives
that prevent or minimize thermal pollution.
Section F: Post Construction Stormwater
Management Plan BMPs
One original and 2 copies of the plan must be
provided. The plan should address rate, volume, and
water quality impacts to each drainage area.
3. Summary Table for Supporting Calculation
and Measurement Data. Please provide this
summary data from the calculations and
measures submitted as part of the SR Plan.
Reference the Stormwater Methodology used,
and check off the appropriate volume
measurement used (acre-feet or cubic feet). For
a project involving multiple watershed boundaries,
please submit a complete separate Section C for
each additional watershed.
The Chapter 102 regulations require that the design
standards be based on a 2-year/24-hour frequency
storm unless the applicant demonstrates to the
department that an alternative approach will be more
protective, or will protect and maintain existing and
designated uses. The Permit NOI allows the use of
other design standards provided that certain criteria
are adhered to. The PCSM Plan must comply with 25
Pa. Code § 102.8 and should be designed to
maximize volume reduction technologies, eliminate
(where possible) or minimize point source discharges
to surface waters, preserve the integrity of stream
channels, and must protect the physical, biological
and chemical qualities of the receiving water.
4. Summary Description of Site Restoration
BMPs. Please check all the appropriate boxes. If
there is no check box for a planned BMP, check
the box for “other” and list the BMP. Do not list
erosion and sediment control BMPs.
The PCSM plan must be consistent with any DEP
approved and current County Act 167 Plan. The
Department considers any Act 167 Plan from 2005 or
later to be current and requires that PCSM plans must
demonstrate consistency with the Act 167 Plan.
Where a project is located within a watershed and
municipality covered by an Act 167 Plan, approved by
the Department prior to 2005, the Act 167 consistency
requirement is not applicable and the SR Plan will
only be evaluated for compliance with Chapter 102.
To demonstrate consistency with the Act 167 plan, the
applicant may select one of the following options:
5. Off-site Discharge Analysis. If an applicant
proposes off-site discharges of stormwater from
SR to areas other than surface waters,
documentation must be provided to demonstrate
that the discharge will not cause erosion, damage,
or a nuisance to off-site properties. It is the
applicant’s responsibility to obtain a legal right to
discharge onto adjacent properties. Please check
the appropriate box in this block.
6. Thermal Impact Analysis. This analysis must be
completed as part of the ESCGP-2 Permit NOI.
The applicant shall provide a summary of potential
thermal impacts associated with the planned
project and how the potential thermal impacts are
to be avoided, minimized, or mitigated.
Submit a letter provided by the municipal or
county planning engineer that verifies plan
consistency.
Submit an Act 167 Plan consistency verification
report. The report must be prepared and sealed
by a licensed professional. The report should
include the following:
Some examples include: minimizing impervious
surfaces, maintain shade over and around
construction sites to the extent possible and
discharging from the bottom of surface
impoundments, using subsurface impoundments,
infiltration, and maximize the use of vegetated
areas to cool runoff prior to discharge.
Maintaining canopy cover and riparian buffers that
limit ground surface exposure to direct sunlight is
effective in the control of thermal pollution of
a. A summary of the PCSM recommendations in
the plan including Peak Rate Controls,
Volume Controls, Water Quality Controls and
any other PCSM controls recommended in the
plan. A separate summary should be
submitted for each plan in the project area.
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a project involving multiple watershed boundaries,
please submit a complete separate Section C for
each additional watershed.
The summary should be as detailed as
practicable
b. Identification of watersheds in the plan where
hydrologic modeling was performed and
release rates more stringent than the DEP
Stormwater BMP Manual Recommended
Peak Rate Control Guideline have been
established.
c.
4. Summary Description of Post Construction
Stormwater BMPs.
Please check all the
appropriate boxes. If there is no check box for a
planned BMP, check the box for “other” and list
the BMP. Do not list erosion and sediment control
BMPs.
Calculations to demonstrate that the SR plan
is consistent with the Department approved
Act 167 plan including post construction
stormwater runoff peak rate, volume, water
quality and any other control recommended
by the plan. When applicable the appropriate
worksheets
referenced
in
the
DEP
Stormwater Best Management Practices
(BMP) Manual should be included.
5. Off-site Discharge Analysis. If an applicant
proposes off-site discharges of stormwater from
PCSM to areas other than surface waters,
documentation must be provided to demonstrate
that the discharge will not cause erosion, damage,
or a nuisance to off-site properties. It is the
applicant’s responsibility to obtain a legal right to
discharge onto adjacent properties. Please check
the appropriate box in this block.
If no Department approved Act 167 plan exists, the
PCSM Plan must otherwise demonstrate compliance
with Section 102.8(g) and should be consistent with
the practices contained within the DEP Stormwater
Best Management Practices (BMP) Manual.
Complete and attach the appropriate worksheets
referenced in the Stormwater Best Management
Practices (BMP) Manual. In addition to these volume,
rate and water quality requirements, all SR plans must
comply with local flood control requirements.
6. Thermal Impact Analysis. This analysis must be
completed as part of the ESCGP-2 Permit NOI.
The applicant shall provide a summary of potential
thermal impacts associated with the planned
project and how the potential thermal impacts are
to be avoided, minimized, or mitigated.
Some examples include: minimizing impervious
surfaces, maintain shading over and around
construction sites to the extent possible and
discharging from the bottom of surface
impoundments, using subsurface impoundments,
infiltration, and maximize the use of vegetated
areas to cool runoff prior to discharge.
Maintaining canopy cover and riparian buffers that
limit ground surface exposure to direct sunlight is
effective in the control of thermal pollution of
surface waters. Using borings instead of open
cuts for utility crossings will limit vegetation
disturbance and exposure of the ground surface
to sunlight.
Permittees and co-permittees are responsible for
proper installation of the PCSM Plan BMPs prior to
the submission of the Notice of Termination for this
permit. BMP's not included in the departments
manual will require documentation to support the
effectiveness of the BMP.
1. PCSM Plan Information – Check all applicable
boxes and provide the requested information
regarding any Department approved Act 167
plans.
2. Riparian Buffer Information – Check off
appropriate boxes and provide information as
applicable. If a waiver is requested, the applicant
must provide a demonstration that there are
reasonable alternatives for compliance with this
section, that an existing riparian buffer is
undisturbed to the extent practicable, and that the
activity will otherwise meet the riparian buffer
requirements.
The analysis should evaluate the effectiveness of
various alternatives or combination of alternatives
that prevent or minimize thermal pollution.
7. Critical PCSM plan stages. Identify the critical
stages of implementation of the PCSM plan for
which a licensed professional or designee shall be
present on site. The critical stages may include
the installation of underground treatment or
storage BMPs, structurally engineered BMPs or
other BMPs as deemed appropriate by the
Department or conservation district.
3. Summary Table for Supporting Calculation
and Measurement Data. Please provide this
summary data from the calculations and
measures submitted as part of the PCSM Plan.
Reference the Stormwater Methodology used,
and check off the appropriate volume
measurement used (acre-feet or cubic feet). For
Section G: Antidegradation Analysis
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must include ABACT BMPs that manage the change
in the 2-year/24-hour storm event. Nondischarge
alternatives and ABACT, and their design standards,
are listed in the Erosion and Sediment Control BMP
Manual.
This section must be completed where activities will
be conducted in special protection waters.
Maintaining and protecting existing water quality for
High Quality (HQ), Exceptional Value (EV) streams,
and Exceptional Value (EV) wetlands and protecting
designated and existing uses for all surface waters is
critical. The antidegradation of 93.46(b) performance
standards must be met by following the process set
out in 25 Pa. Code Section 102.4(b)(6) and 102.8(h)
(relating to implementation of antidegradation
requirements). The Antidegradation Analysis outlines
that process.
PCSM/SR Antidegradation Implementation
To satisfy the antidegradation implementation
requirements the applicant should refer to 102.8(h)
and ensure they (1) evaluate and include
nondischarge alternatives in the PCSM/SR Plan, and
(2) if nondischarge alternatives do not exist the
PCSM/SR Plan must include ABACT BMPs that
manage the change in 2-year/24-hour storm event.
Nondischarge alternatives and ABACT, and their
design standards, are listed in the DEP Stormwater
BMP Manual. Where ABACT BMPs will be utilized,
the applicant’s pre to post comparative analysis must
demonstrate any net change in stormwater will be
managed utilizing ABACT BMPs that will protect and
maintain water quality and designated uses.
Part 1 - Nondischarge Alternative Evaluation
Nondischarge alternatives are environmentally sound
and cost-effective BMPs that individually or
collectively eliminate the net change in stormwater
volume, rate and quality for storm events up to and
including the 2-year/24-hour storm when compared to
the stormwater rate, volume and quality prior to the
earth disturbance activities to maintain and protect the
existing quality of the receiving surface water of this
Commonwealth.
Nondischarge alternative BMPs
should be evaluated and included in E&S and
PCSM/SR Plans. If the applicant demonstrates that
nondischarge alternatives do not exist for the project
the applicant must utilize ABACT, For nondischarge
BMPs not checked, provide an explanation of why
they are not utilized.
For nondischarge alternative and ABACT BMPs not
listed in the Department’s manuals, the applicant must
provide data to support the BMPs, including a
demonstration that they will maintain and protect the
existing quality of receiving surface waters.
Section H: Compliance Review
Provide the information requested. Use additional
pages if necessary. If the applicant(s) are in violation
of any permits issued by DEP or have been in
violation of any regulated activities within the past five
years, the information in this section must be
completed. Past or current poor compliance history
may result in permit issuance being delayed until
compliance has been achieved.
Part 2 - Antidegradation Best Available
Combination of Technologies (ABACT)
In circumstances where nondischarge alternatives for
the project do not exist, an applicant must utilize
ABACT BMPs in their E&S and PCSM/SR Plans to
demonstrate that any net change in stormwater runoff
will maintain and protect the existing quality and water
uses of receiving surface waters. ABACT means
environmentally sound and cost effective treatment,
land disposal, pollution prevention and stormwater
reuse BMPs that individually or collectively manage
the difference in the net change in stormwater volume,
rate, and quality for storm events up to and including
the 2-year/24-hour storm when compared to the
stormwater rate, volume and quality prior to the earth
disturbance activities to maintain and protect the
existing quality of the receiving surface waters of this
commonwealth.
Section I: Certification by Person Preparing
NOI
The person responsible for preparing the E&S Plan
and PCSM/SR Plan with PCSM BMPs must complete
this section. If the applicant is requesting an expedited
review, the licensed professional responsible for
the development of a complete permit NOI package,
including the E&S and PCSM/SR Plans that specifies
BMP implementation and maintenance requirements
that meet regulatory requirements, must sign and
seal the NOI in the space provided certifying that the
information provided is true and correct. The licensed
professional must also provide the location and date
of the most recent Department training they attended.
Erosion and Sediment Control Antidegradation
Implementation
To satisfy the antidegradation implementation
requirements the applicant should refer to 102.4(b)(6),
and ensure they (1) evaluate and include
nondischarge alternatives in the E&S plan, and (2) if
nondischarge alternatives do not exist the E&S plan
Section J: applicant Certification
The NOI shall be signed as follows:
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1.
In the case of corporations, by a principal
executive officer of at least the level of vice
president, or an authorized representative,
2.
In the case of a partnership, by a general
partner.
3.
In the case of a sole proprietorship, by the
proprietor.
4.
and Post Construction Stormwater Management
Programs can be found at www.depweb.state.pa.us.
On the upper left side of the screen, click on the
keyword stormwater.
BMP's not included in the department’s manuals will
require documentation to support their effectiveness.
The applicant’s Erosion and Sediment Control Plan
should include the following:
In the case of a municipal, state, or other public
facility, by either a principal executive officer,
ranking elected official or other authorized
employee.
a. Topographic Features:
Plan drawings showing the existing topographic
features of the project site including the immediate
surrounding area must be provided. The scale of
the drawings must be large enough to clearly
depict the topographic features and the contours
must be at an interval that will adequately describe
the topography of the site. Scales of 1 inch equals
50 feet or less, with 2-foot maximum contour
intervals are recommended. The drawings must
include the location of the project with respect to
roadways, municipalities, streams, watercourses,
existing structures, existing ground cover, utilities
and other identifiable landmarks, etc.
The
immediate surrounding area must be of sufficient
size to include all areas contributing runoff to the
project site, planned BMPs and water courses
receiving runoff from the project for evaluation
relative to resistance to erosion. All symbols
shown on the drawings must be included in a
legend; a north arrow and scale must also be
shown on the drawings. These requirements also
apply to all offsite disposal or borrow areas.
Section K: Contact for Additional Information
Provide contact information for the individual to
provide assistance to the Department or Conservation
District with question concerning the NOI.
2. EROSION AND SEDIMENT CONTROL (E&S)
PLAN REQUIREMENTS
The E&S Plan that meets the requirements of 25 Pa.
Code § 102.4(b) must be submitted with the NOI and
must contain Best Management Practices (BMPs)
designed to minimize discharges to surface waters,
preserve the integrity of stream channels and protect
the physical, biological and chemical qualities of the
receiving water. The Department recommends that
the E&S Plan be developed utilizing guidelines and
BMP information provided in the Erosion and
Sediment Control BMP Manual.
The E&S Plan must be submitted (1 original, 2 copies)
to the Department or authorized county Conservation
District (for transmission facilities) along with the
completed NOI, Checklist and Technical Review
Guide. The Checklist includes an outlines of the
information needed to submit a complete E&S Plan. If
the project is located in a High Quality or Exceptional
Value watershed or Exceptional Value wetland
pursuant to 25 Pa. Code Chapter 93 and 25 Pa. Code
Chapter 105, the E&S Plan must address the special
protection requirements in the
department’s
antidegradation implementation requirements at 25
Pa. Code § 102.4(b)(6) and Section II Chapter 4 of the
Oil and Gas Operators Manual.
In addition to the topographic map, a location map
is required that shows the relationship of the
project to municipal boundaries and major
highways. The location map may be included on
the topographic map as an insert or may be
included as a separate sheet in the narrative
report. A reprint or a copy of a portion of a 7½
minute USGS quadrangle map is recommended for
this purpose. The name of the USGS quadrangle
map must be included on the location map. For
permit applications, a location map reprinted or
copied from USGS quadrangle maps is required.
b. Soil Characteristics:
In most applications, an erosion and sediment control
plan will consist of two parts: a plan narrative and
maps/drawings. Maps and drawings are used to show
the existing and proposed topography, as well as the
construction details and maintenance details for the
proposed Best Management Practices (BMPs). The
narrative is used to document the design calculations
for the BMPs.
The locations of the soils may be delineated on the
drawings discussed above, or on a separate map
of the site. A photocopy of a portion of the county
soil survey on which the proposed project can be
clearly shown may also be used. The types, depth,
slope and limitations of the soils should be included
in the project narrative or included on the drawings.
Data on the physical characteristics of the soils,
such as their texture, resistance to erosion and
Note: All Program Manuals, technical guidance, NOI
forms and instructions related to the E&S, NPDES,
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quality criteria. If the runoff from a project area
discharges to a stream that is classified for Special
Protection, more stringent criteria are used to
design the BMPs for that site. The criteria are
found in Chapter 102.
suitability for intended (limitations) use is to be
included in the narrative report. This information is
available in soil survey reports, published by the
USDA, Natural Resources Conservation Service
(formerly
Soil
Conservation
Service),
in
cooperation with the Pennsylvania State University
College of Agriculture and others. The reports are
available from the county conservation districts.
The means to address the identified soils
limitations must be included on the drawings. For
example, a note to use only certain areas as
borrow areas for fill for sediment basins or traps, or
special fertilization requirements for portions of the
project, etc.
The applicant must show on the drawings all
streams, springs, wetlands, and floodways within,
adjacent or receiving water from the project site.
All special protection waters and existing uses as
presented in Chapter 93 must be clearly identified
on the drawings and in the project narrative.
f. BMP Description Narrative
A description of the location and type of perimeter
and onsite BMPs used before during and after earth
disturbance activity must be included in the project
narrative.
c. Earth Disturbance Activity:
The proposed alteration in the project area and the
limits of the project area must be shown on the
plan drawings. Such information as the limits of
earth disturbance, the areas of cuts and fills and
the locations of roads, existing and proposed
structures are to be included. Proposed contours of
the project area must be included on these
drawings. Separate drawings, or inserts on the
plan drawings must be included for off-site borrow
or disposal areas which are part of the project.
These drawings or inserts must include the same
information as required on the plan drawings. A
legend that describes all of the alterations and
BMPs to be used for erosion and sediment control
must be included on the drawings.
g. BMP Installation Sequence Narrative
The project narrative must provide a sequence of
BMP installation and removal. Unlike the previous
item that identifies the location and type of BMP this
item requires list of temporary or permanent BMPs
to be installed and a schedule for their installation
and removal as related to the various phases of the
project. Other BMPs are constructed when needed
to accommodate the planned sequence of project
installation. The narrative must include a complete
schedule of installation and removal of erosion
control BMPs as they relate to the various phases of
earthmoving activities.
A description of the past, present and proposed
land use in the project area must be included in the
project narrative.
Appropriate BMPs for sediment pollution control
must be in place before earth disturbance occurs
within a given drainage area. All of the steps to be
taken from the initial site clearing through the final
stabilization of the site must be included.
d. Project Site Runoff
The maximum area draining to all basins, traps and
channels must be determined to calculate volume
and rate of runoff. In some instances the drainage
area will increase or decrease as the site grading
proceeds. In such cases, the maximum drainage
area to the BMP must be used to determine the
design capacity.
h. Supporting Calculations and Measurements
All design information for BMPs must be included in
the project narrative. The information will vary
according to the BMP, but should include such
information as the drainage area, flow rate, velocity
and the proposed method of stabilization. The
STANDARD WORKSHEETS included in the
Erosion and Sediment Control BMP Manual (No.
363-2134-008) gives guidance for the design
calculations and information required. The applicant
is not required to use the STANDARD
WORKSHEETS, but must furnish the same
information as indicated in the worksheets.
An analysis must be included in the project
narrative showing the impact that runoff from the
project site will have on existing downstream
watercourses' resistance to erosion. Design
computations for appropriate protective measures
for downstream watercourses must be included
when applicable. A discharge analysis for all nonsurface water discharges must be provided in the
project narrative.
i. Plan Drawings
The locations of the BMPs must be shown on the
plan drawings described earlier.
A legend,
describing all symbols must be included on all plan
drawings. All construction details and specifications
e. Surface Water Classification
All streams in Pennsylvania are classified based on
their designated and existing water uses and water
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Geologic formations containing minerals (e.g. pyrite)
in sufficient quantities that could result in discharges
which do not meet water quality standards for the
receiving surface water(s) should be identified and
discussed in the project narrative. The locations of
the formations containing those minerals (if not site
wide) must be shown on the plan drawings.
Appropriate measures to prevent such discharges
(including but not limited to proper handling,
isolation, disposal, etc.) should also be provided on
the plan drawings along with typical details
illustrating the procedures and/or BMPs to be used
to avoid or minimize potential pollution.
for the facilities must be included on the drawings
including standard notes and optional notes to
clarify or explain requirements. Typical sketches
maybe used; these sketches must provide sufficient
information to show critical dimensions and
construction details for each specific BMP.
Standard Construction Details may be copied from
those in the Erosion and Sediment Control Manual
(No. 3632134-008) and inserted into the erosion
and sediment control plan drawings of specific
projects. Proposed new contours must tie into
existing contours.
j. Maintenance Program
Bedrock or soil conditions which could result in
significant slope failures causing mass soil
movement into surface waters, property damage, or
a public safety hazard should also be identified and
discussed in the project narrative. The erosion
control project narrative should briefly state the
methods incorporated into the plan which address
such hazards. Plan drawings should clearly mark
the locations where potential for slope failures exist,
and appropriate construction details and typicals
should be provided. When poor geologic or soil
conditions cannot be avoided, BMPs to minimize or
mitigate their impact must be identified in the plan
drawings and implemented at the construction site.
A maintenance program for both the temporary and
permanent erosion and sediment control BMPs,
including disposal of materials removed from the
BMPs or project area, must be included in the
project narrative and plan drawings. The
maintenance program must include a schedule for
inspection of each BMP and provides for inspection
after each measurable runoff event as well as on a
weekly basis. The type of maintenance, such as
cleanout,
repair,
replacement,
re-grading,
stabilizing, etc. for each of the BMPs is to be
included in the program. For sediment basins, the
elevation corresponding to top of sediment storage
level must be specified and a means to identify this
elevation must be identified. The means of disposal
of the materials removed from the BMPs must be
specified. If materials removed from the BMPs are
to be removed from the project area, the site and
method of disposal must be indicated. Guidance on
appropriate maintenance actions is provided for
each BMP described in the Erosion and Sediment
Control
BMP
Manual
(No.363-2134-008).
Maintenance requirements must be shown on the
plan drawings.
m. Thermal Impacts
An analysis of how thermal impacts, associated with
the project, will be avoided should be provided in
the project narrative. If thermal impacts cannot be
avoided, describe in the project narrative how
impacts are to be minimized and the BMPs that will
be used to mitigate the impacts in a manner that will
protect and maintain surface water quality. BMPs to
be used to minimize or mitigate thermal impacts
must be provided on the plan drawings with
associated details and /or typicals. The primary
means to address thermal pollutions is to limit the
size and duration of exposed earth or through
infiltration. Additional information on minimizing
thermal impacts can be found in the Pennsylvania
Stormwater BMP Manual (No. 363-0300-002).
k. Material Recycling and Disposal
Applicants for earth disturbance activities must
ensure that proper mechanisms are in place to
control waste materials. Construction wastes
include, but are not limited to, excess soil materials,
building materials, concrete wash water, sanitary
wastes, etc. that could adversely impact water
quality if not handled properly. The applicant must
develop a plan in the project narrative which
implements measures for housekeeping, materials
management, and litter control. Wherever possible,
recycling of excess materials is preferred, rather
than disposal. A note directing proper handling,
recycling and disposal of waste materials must be
added to the plan drawings.
n. E&S Plan and PCSM/SR Plan Consistency
The overall design of the project should support the
management of stormwater for erosion and
sediment control during earth disturbance activities
in a manner that is compatible with and can be
integrated into, structural and non-structural
PCSM/SR practices and approaches. The project
narrative should discuss the overall project and how
the Erosion and Sediment Control Plan will
accommodate Post Construction Stormwater
Management/Site Restoration.
l. Soil Conditions and Geologic Formations
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Note: The delegated County Conservation District will
forward the ‘per acre disturbance fee’ check to the
Water Management Program of the appropriate DEP
Regional office.
The plan drawings should identify locations where
BMPs are planned and designed to be integrated
into PCSM/SR structural and non-structural
practices and approaches.
o. Riparian Forest Buffers
4. MUNICIPAL NOTIFICATION
When riparian forest buffers will be incorporated into
a project site, the areas of existing buffers or the
areas where buffers will be developed should be
identified on the plan drawings.
a. Act 14
Act 14, which amended the Commonwealth’s
Administrative Code (71 P.S. § 510-5), requires
every applicant for a new, amended, or revised
permit to give written notice to each municipality
(borough, township) and county government in
which the facility is located. The municipality and
county government must receive the written notice
at least thirty (30) - days before the Department
may issue or deny approval of coverage.
A
sample of the municipal notification is provided in
these instructions as Attachment C.
p. Antidegradation Requirements
Applicants proposing earth disturbance activities
within special protection watersheds must
implement nondischarge alternatives wherever costeffective and environmentally sound. An evaluation
of nondischarge alternatives should be provided in
the project narrative that identifies viable
alternatives for the proposed project. If no viable
nondischarge alternatives exist the Erosion and
Sediment Control Plan must include ABACT
(Antidegradation Best Available Combinations of
Technology). The plan drawings must show the
locations and details for all non-discharge
alternatives when identified or ABACTs when nondischarge alternatives don’t exist.
Proof of Receipt - The applicant must submit with
the NOI:
3. PERMIT NOI FILLING FEES
A check for $500 plus $100 per acre of earth
disturbance must be included with the NOI. Fractional
acreage shall be rounded to the closest whole number
(≥ 0.5 Round up; < 0.5 Round down).
1.
A copy of correspondence notifying the
municipality and county government of your
intention to submit a NOI, and
2.
Evidence that the municipality and county
government has received your notification.
Acceptable forms of this evidence include
certified mail receipt, proof of deliver from a
commercial
carrier
or
written
acknowledgement of the notification from the
municipality.
Submit a copy of the NOI and E&S Plan to each
municipal and county government with the
notification. Failure to provide a copy of the
notification correspondence and evidence of
municipal receipt of your notification with the NOI
will delay processing of your NOI. Failure to
comply with municipal notification will result in the
return of the NOI as incomplete.
For an NOI submitted to the Department, a check is to
be made payable to the “Commonwealth of
Pennsylvania, Clean Water Fund”. The Check is to
be dated within 10 days of the NOI submittal date and
sent with the NOI directly to the Oil and Gas Program
of the appropriate DEP Regional Office.
For an NOI submitted to a delegated County
Conservation District, two checks are required. A
check for the administrative fee of $500 made payable
to the delegated County Conservation District “Clean
Water Fund”. A second check for the $100 per acre
disturbance fee made payable to the “Commonwealth
of Pennsylvania, Clean Water Fund”. Both checks are
to be dated within 10 days of the NOI submittal date
and sent with the NOI directly to the delegated County
Conservation District. Only certain federal and state
government agencies are exempt from the fee.
b. Cultural Resources Notice
A Cultural Resources Notice is not required for
ESCGP-2 as per the exemptions to the History
Code (0120-PM-PY0003).
However permitted
activities which may affect Historic Resources on
the National Register of Historic Places are not
exempt regardless of size. Accordingly, when the
permitted activities are on lands of the Allegheny
National Forest (ANF), evaluations of cultural
resources are to be coordinated with the
appropriate ANF Ranger District. If, during the
earth disturbance activity, historic resources are
encountered, the earth disturbance activity should
be ceased immediately and the Pennsylvania
Historic and Museum Commission notified.
Phased projects will need to pay the base
administrative fee and the disturbed acreage fee for
the initial phase or phases being submitted.
Subsequent phase submissions must include only the
disturbed acreage fee for that phase.
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For additional information, refer to DEP.s
Implementation of Pennsylvania History Code (No.
012-0700-001), see www.depweb.state.pa.us.
is an outline of the information needed to submit a
complete PCSM/SR Plan and the Technical Review
Guide identifies specific content required in each item
in the Checklist. If the project is located in a High
Quality or Exceptional Value watershed or Exceptional
Value wetland pursuant to 25 Pa. Code Chapter 93
and 25 Pa. Code chapter 105, the PCSM/SR Plan
must address the special protection requirements in
the Department’s antidegradation implementation
requirements at 25 Pa. Code § 102.8(h).
5. PENNSYLVANIA NATURAL HERITAGE
PROGRAM (PNHP)
In order to ensure that threatened and endangered
(T&E) plant and animal species or critical habitat for
those species will not be adversely impacted by the
proposed construction activity; applicants must submit
proof that a PNHP Project Planning Environmental
Review was conducted. The review can only be
conducted
via
the
Internet
at
the
www.naturalheritage.state.pa.us/ website. First time
users will have to register at the website before
conducting the review. A receipt is automatically
available for printing upon completion of the PNHP
review. This receipt must be submitted as part of this
NOI form. If the PNHP review determines there are
potential impacts to a T&E species, the PNHP review
receipt will provide an explanation of the potential
impact(s) and instructions on how to resolve the
potential impact. READ AND FOLLOW THESE
INSTRUCTIONS CAREFULLY. It is the applicant's
responsibility to resolve potential impacts to T&E
species before applying for this permit. When the
activities are on lands of the Allegheny National
Forest (ANF), evaluation of potential conflicts is to be
coordinated with the appropriate ANF Ranger District.
Technical references for both E&S control and
PCSM/SR BMPs can be found on the DEP website.
Pennsylvania’s
Comprehensive
Stormwater
Management Policy (No. 392-0300-002) is also
available at www.depweb.state.pa.us. After clicking
on the DEP keyword stormwater, click on “Technical
Information” then click on Post Construction
Stormwater Management and look for the
“Comprehensive Stormwater Management Policy.”
Note:
BMP's not included in the department’s
manuals will require documentation to support their
effectiveness.
The applicant’s Post Construction Stormwater
Management/Site Restoration Plan should include the
following:
a. Topographic Features
Plan drawings showing the existing topographic
features of the project site including the immediate
surrounding area must be provided. The scale of
the drawings must be large enough to clearly
depict the topographic features and the existing
and proposed contours must be at an interval that
will adequately describe the topography of the site.
Scales of 1 inch equals 50 feet or less, with 2-foot
maximum contour intervals are recommended.
The drawings must include the location of the
project with respect to roadways, municipalities,
streams, watercourses, existing structures, existing
ground cover, utilities and other identifiable
landmarks, etc. The immediate surrounding area
must be of sufficient size to include all areas
contributing runoff to the project site, planned
BMPs and water courses receiving runoff from the
project for evaluation relative to resistance to
erosion. All symbols shown on the drawings must
be included in a legend; a north arrow and scale
must also be shown on the drawings. These
requirements also apply to all offsite disposal or
borrow areas.
For additional information, refer to DEP’s Policy for
Pennsylvania Natural Heritage Program (PNHP)
Coordination During Permit Review and Evaluation
(400-0200-001), see www.depweb.state.pa.us.
6. POST CONSTRUCTION STORMWATER
MANAGEMENT/SITE RESTORATION PLANS
A Post Construction Stormwater Management/Site
Restoration Plan (PCSM/SR Plan) that meets the
requirements of Pa. Code § 102.8 must also be
submitted with the NOI and must identifying BMPs to
be installed, which manage and treat the stormwater
discharges to protect water quality after construction.
The Department recommends that the PCSM/SR Plan
be developed utilizing DEP’s Stormwater Best
Management Practices Manual.
PCSM/SR Plan
BMPs should be designed to maximize replication of
the natural hydrologic cycle, to protect the structural
integrity of the stream, and to protect and maintain
existing and designated uses of the Commonwealth
waters. The PCSM/SR Plan must be submitted (1
original, 2 copies) to the Department or authorized
county Conservation District (for transmission
facilities) along with the completed NOI, E&S Plan,
Checklist and Technical Review Guide. The Checklist
In addition to the topographic map, a location map
is required that shows the relationship of the
project to municipal boundaries and major
highways. The location map may be included on
the plan drawings as an insert or may be included
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sediment control
drawings.
as a separate sheet in the project narrative. A
reprint or a copy of a portion of a 7½ minute USGS
quadrangle map is recommended for this purpose.
The name of the USGS quadrangle map must be
included on the location map. For permit
applications, a location map reprinted or copied
from USGS quadrangle maps is required.
must
be
included
on
the
A description of the past, present and proposed
land use in the project area must be included in the
project narrative.
d. Net Change in Volume and Rate of Runoff
b. Soil and Geologic Formation Characteristics:
The net change in runoff volume and rate between
preconstruction hydrology and post construction
hydrology for the entire project site and each
drainage area must be identified. The PCSM/SR
BMPs should manage the net change in runoff
volume and rate for a 2-year/24-hour storm event.
An analysis must be included in the project
narrative that describes how any net change in
runoff volume and rate will be managed. The
PCSM/SR Plan must meet the requirements Pa.
Code § 102.8. The Department recommends that
the PCSM/SR Plan be developed using DEP’s
Stormwater Best Management Practices Manual
(No. 363-0300-002).
The types, depth, slope, locations and limitations of
the soils and geologic formations must be identified
for the entire project. The soil types should be
delineated on the plan drawings along with notes
describing any limitation and the proposed
resolutions to address the limitations. Geologic
formations that have the potential to impact the
project site such as unstable rock, Karst formations
and formations prone to landslides when exposed
by earth disturbance should be identified on the
plan drawings and in the project narrative with
proposed resolutions. A photocopy of a portion of
the soil survey on which the proposed project can
be clearly shown may also be used as a soils map.
e. Surface Water Classification
Data on the physical characteristics of the soils,
such as their permeability, depth to seasonal high
ground water, texture, landslide potential,
resistance to erosion and suitability for intended
(limitations) use is available in soil survey reports,
published by the USDA Natural Resources
Conservation Service (formerly Soil Conservation
Service), in cooperation with the Pennsylvania
State University College of Agriculture and others
should be included in the project narrative. Of
special interest are soils identified as “hydric”
indicating the potential for the presence of
wetlands. Soils identified as “hydric” in the USDA
soil surveys must be investigated in the field to
determine the presence or absence of wetlands.
All streams in Pennsylvania are classified based on
their designated and existing water uses and water
quality criteria. If the runoff from a project area
discharges to a stream that is classified for Special
Protection, more stringent criteria are used to
design the PCSM/SR BMPs for that site. The
criteria are found in Chapter 102.
The applicant must show on the plan drawings all
streams, springs, wetlands, and floodways within,
adjacent or receiving watercourses from the project
site. All special protection waters, classifications
and existing uses as presented in Chapter 93 must
be clearly identified on the plan drawings and in the
project narrative.
f. BMP Description Narrative
c. Earth Disturbance Activity Characterization:
A written description of the location and type of
PCSM/SR BMPs must be provided in the project
narrative. Project drawings must show the location
of permanent PCSM/SR BMPs and provide
construction
details
including
permanent
stabilization specifications.
Proprietary BMP
systems should be presented on the plan drawings
in
accordance
with
the
manufacture’s
requirements.
All infiltration BMPs shall be
provided with overflows and /or underdrains as
needed to meet site and soil limitations.
The proposed alteration in the project area and the
limits of construction must be shown on the plan
drawings. Such information as the limits of earth
disturbance, the areas of cuts and fills, proposed
impervious areas and the locations of roads,
existing and proposed structures are to be
included. Proposed contours and grades of the
project area must be included on the project
drawings. Separate drawings, or inserts on the
plan drawings must be included for off-site borrow
or disposal areas which are part of the project.
These drawings or inserts must include the same
information as required on the plan drawings. A
legend that describes all of the alterations and
PCSM/SR BMPs to be used for erosion and
g. BMP Installation Sequence Narrative
A sequence of PCSM/SR BMP implementation and
installation in relation to earth disturbance activities
of the project site and a schedule of inspection for
critical stages of PCSM/SR BMP installation must
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legend, describing all symbols must be included on
all plan drawings.
be provided in the project narrative. Removal of
temporary BMPs and activities or actions to be
taken limit exposed area on the project site should
be included in the plan narrative. The location of
the PCSM/SR BMPs with construction details must
be included on the project drawings.
j. Long Term Operation and Maintenance Schedule
A long-term operation and maintenance schedule,
which provides for inspection of PCSM/SR BMPs,
including the direction for repair, replacement, or
other routine maintenance of the PCSM/SR BMPs
to ensure their proper function and operation must
be included in the project narrative. The program
must provide for completion of a written report
documenting each inspection and all PCSM/SR
BMP repair and maintenance activities including
directions for the disposal of accumulated sediment.
The long term operation and maintenance schedule
must identify the responsible party (owner, operator,
inspector) for program conduct and how access to
the PCSM/SR BMPs will be provided.
h. Supporting Calculations
All design information and calculations for
PSCM/SR BMPs and other points of concern must
be included in the project narrative. The information
will vary according to the PCSM/SR BMP, but
should include such information as the methodology
used for all calculations, drainage area, flow rate,
flow velocity, design storm used for each calculation
and the proposed method of stabilization. The
FLOWCHARTS and STANDARD WORKSHEETS
included in the Pennsylvania Stormwater BMP
Manual (No. 363-0300-002) give guidance for the
design calculations and information required and
are recommended by the Department to facilitate
submittal and review. Although the FLOWCHARTS
and WORKSHEETS are recommended by the
Department, the applicant is not required to use
them, but must furnish the same information as
indicated on the forms.
k. Material Recycling and Disposal
Procedures which ensure that the proper measures
for recycling or disposal of materials associated with
or from the PCSM/SR BMPs are in accordance with
the Department laws, regulations and requirements.
The applicant must develop a plan in the project
narrative which identifies project wastes and
provides directions to implements measures for
recycling,
disposal,
housekeeping,
materials
management, and litter control etc.
Wherever
possible, recycling of excess materials is preferred,
rather than disposal.
A note directing proper
handling, recycling and disposal of waste materials
must be added to the plan drawings where
appropriate.
Current (2005 or more recent) and approved Act
167 Plan that covers the project site must be
identified and a verification of PCSM/SR plan
consistency with the Act 167 Plan must be made
and presented in the Plan Narrative.
i. Plan Drawings
The locations of the PCSM/SR BMPs with tributary
drainage areas must be shown on the plan drawings
along with construction details and specifications for
the facilities including standard notes to clarify or
explain construction requirements. Typical sketches
maybe used; these sketches must provide sufficient
information to show critical dimensions and
construction details for each specific PCSM/SR
BMP. Areas sufficient in size and number where
infiltration testing is to be conducted for proposed
volume and rate control BMPs should be identified
and marked as restricted access areas to avoid soil
compaction. The PCSM/SR Plan is to be consistent
with the E&S Plan in regards to proposed contours,
improvements, soils, wetlands, floodways, streams,
discharge locations BMPs etc. All easements and
rights-of-way on the project site must be shown on
the plan drawings.
Delineations of sensitive
resources such as floodplains, floodways, steep
slopes, riparian buffer areas, existing and proposed
discharge points, points of interest or concern etc.
should be clearly shown on the plan drawings. A
l. Geologic Formations and Soil Conditions
The applicant must identify naturally occurring
geologic formations or soil conditions that may have
the potential to cause pollution after earth
disturbance activities and PCSM/SR BMPs are
operational.
A management plan to avoid or
minimize potential pollution and its impacts form
geologic formations or soil conditions must be
included in the project narrative.
Appropriate
measures to prevent discharges (including but not
limited to proper handling, isolation, disposal, etc.)
should be included in the management plan.
Details for the proper handling, isolation and/or
disposal of these materials must be provided. The
locations of the geologic formations containing
those minerals or soil conditions exhibiting
limitations (if not site wide) must be shown on the
plan drawings along with typical details illustrating
the procedures and/or PCSM/SR BMPs to be used
to avoid or minimize potential pollution.
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must show the locations and details for all nondischarge alternatives when identified or ABACTs
when non-discharge alternatives don’t exist.
Bedrock or soil conditions which could result in
significant slope failures causing mass soil
movement into surface waters, property damage, or
a public safety hazard should also be identified and
discussed in the project narrative. The project
narrative should briefly state the methods
incorporated into the plan which address such
hazards. Plan drawings should clearly mark the
locations where the potential for slope failures exist.
When poor geologic or soil conditions cannot be
avoided, BMPs to minimize or mitigate their impact
must be identified in the plan drawings and
implemented at the construction site.
7. PCSM PLAN STORMWATER ANALYSIS
a. Site Characterization and Assessment
A predevelopment site characterization and
assessment of soil and geology including
appropriate infiltration and geotechnical studies that
identify the location and depths of test sites and
methods used must be included in the project
narrative. The assessment should identify the preconstruction hydrology of the project site as a base
line to which post construction hydrology will be
compared. In addition, the assessment should
identify site characteristics that may be useful when
addressing volume, rate and water quality
requirements disused below.
m. Thermal Impacts
An analysis of how thermal impacts associated with
the project will be avoided must be provided in the
project narrative. If thermal impacts cannot be
avoided, describe in the project narrative how
impacts are to be minimized and the BMPs that will
be used to mitigate the impacts in a manner that will
protect and maintain surface water quality. BMPs to
be used to minimize or mitigate thermal impacts
must be shown on the plan drawings including
associated BMP details. The primary means to
address thermal pollutions is to limit the size and
duration of exposed earth or through infiltration.
Additional information on minimizing thermal
impacts can be found in the Pennsylvania
Stormwater BMP Manual (No. 363-0300-002).
b. Volume Reduction and Water Quality
Requirements
The applicant must include an analysis in the project
narrative that demonstrate the PCSM BMPs to be
used will meet the volume and water quality
requirements specified in an applicable Department
approved and current Act 167 stormwater
management watershed plan or manage the net
change for storms up to and including the 2-year/24hour storm event when compared to preconstruction
runoff volume and water quality.
n. Riparian Forest Buffer Management Plan
c. Rate Requirements
When riparian forest buffers are part of the project,
a Riparian Forest Buffer Plan is required. The plan
must show the existing and/or proposed buffers on
the plan drawings and include a planting plan that
shows the number, density, species and
approximate location of trees and shrubs; a
maintenance plan to ensure survival and growth of
plantings and protection from competing plants and
animals for a 5 year establishment period; and, an
inspection to ensure long-term maintenance and
functioning of the riparian forest buffer.
The applicant must include an analysis in the project
narrative that demonstrates the PCSM BMPs to be
used will meet the rate requirements specified in
and applicable Department approved and current
Act 167 stormwater management watershed plan or
manage the net change in peak rate for the 2-, 10-,
50- and 100-year/24-hour storm events in a manner
not to exceed preconstruction raters.
d. Calculation Methodologies
o. Antidegradation Requirements
The applicant must identify and describe the
methodologies used to calculate the total runoff
volume and peak rate of runoff and provide
supporting documentation and calculations in the
project narrative.
Applicants proposing earth disturbance activities
within special protection watersheds must
implement nondischarge alternatives wherever costeffective and environmentally sound. An evaluation
of nondischarge alternatives must be provided, in
the project narrative that identifies viable
nondischarge alternatives for the proposed project.
If no viable nondischarge alternatives exist, the
Erosion and Sediment Control Plan must include
ABACT
(Antidegradation
Best
Available
Combinations of Technology). The plan drawings
e. Construction Techniques
Construction techniques or special considerations
used by the applicant to address soil and geologic
limitations affecting the project site as they relate to
PCSM should be identified and described in the
project narrative. Detail drawings of specific PCSM
BMPs to be used should be included on the project
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substances as defined in Section 103 of Act 2,
35 P.S.§ 6026.103.
drawings with appropriate notes describing their use
and any special conditions necessary to ensure
proper installation and operation.
d. For transmission facilities.
f. Antidegradation Requirements
NOIs submitted through the expedited permit review
process which qualify for permit coverage will be
provided with an acknowledgement of coverage within
14 business days from the submission of a complete
and accurate NOI.
To qualify for the expedited
review option the applicant must:
Applicants proposing earth disturbance activities
within special protection watersheds must
implement nondischarge alternatives wherever costeffective and environmentally sound. An evaluation
of nondischarge alternatives should be provided in
the project narrative that identifies viable
alternatives for the proposed project. If no viable
nondischarge alternatives exist the Erosion and
Sediment Control Plan must include ABACT
(Antidegradation Best Available Combinations of
Technology). The plan drawings must show the
locations and details for all non-discharge
alternatives when identified or ABACTs when nondischarge alternatives don’t exist.
Submit a technically and administratively
complete and accurate NOI package.
Develop an E&S Plan that meets the
requirements of 25 Pa Code Section 102.4(b),
as well as the standards and specifications
identified in the Department’s Erosion and
Sediment Control Best Management Practices
(BMP)
Manual,
No. 363-2134-008,
as
amended and updated.
8. EXPEDITED REVIEW PROCESS
Develop a PCSM/SR Plan with post
construction BMPs that are designed to meet
the requirements of 25 pa Code Section
102.8, as well as the standards and
specifications identified in the Pennsylvania
Stormwater Best Management Practices
Manual, No. 363-0300-002, as amended and
updated.
DEP has an established an optional expedited permit
review process for ESCGP-2 NOIs.
The “Expedited Review Process” is not available
for projects:
a. Located in or with potential to discharge to
waters that have a designated or existing use
of High Quality or Exceptional Value pursuant
to Chapter 93,
b. In which the area surrounding an oil or natural
gas wellhead that is subject to earth
disturbance and that is used or planned for use
for drilling, production or plugging of the well
including associated support activities is to be
constructed in or on a Floodplain. For the
purposes of this permit a floodplain is the
lands adjoining a river or stream that have been
or may be expected to be inundated by flood
waters in a 100-year frequency flood. See 25
Pa. Code §105.1. Unless otherwise specified,
the boundary of the floodplain is as indicated
on maps and flood insurance studies provided
by FEMA. In an area where no FEMA maps or
studies have defined the boundary of the 100year frequency floodplain, it is assumed absent
evidence to the contrary, that the floodplain
extends from (1) any perennial stream to 100
feet horizontally from the top of the bank of
such perennial stream, and (2) from any
intermittent stream to 50 feet horizontally from
the top of the bank of such intermittent stream,
and
c. Where earth disturbance activities are proposed
on lands that are known to be currently
contaminated by the release of regulated
Satisfies and meets the terms and conditions
of ESCGP-2 and all applicable regulations.
Meets the guidelines of DEP’s Oil and Gas
Operators Manual, No. 550-0300-001 and the
Erosion and Sediment Pollution Control
Program Manual.
Applies BMPs consistent with the site
characteristics
and
meets
applicable
performance and water resource protection
requirements.
In addition, to qualify for an expedited permit, the NOI
must be prepared and certified by a licensed
professional (e.g. engineer, surveyor, geologist or
landscape architect) who is registered in Pennsylvania
and who has attended up-to-date training provided by
DEP, Office of Oil and Gas Management on erosion
and sediment control and post construction
stormwater management for oil and gas activities. The
licensed
professional
is
responsible
for
the development of a complete permit NOI package,
including an erosion and sediment control plan that
specifies BMP implementation and maintenance
requirements and a PCSM/SR Plan with BMPs that
meet regulatory requirements.
All E & S and
PCSM/SR Plan drawings and plan narratives must be
sealed by the licensed professional that prepared the
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The PPC Plan should include a description of
operations, pollution prevention methods, waste
disposal methods, pollution incident response, a
narrative section describing the potential types of
pollution problems associated with the proposed
operations and a PPC Schedule describing the
implementation of the PPC Plan and Plan updates as
dictated by changes in operations. The Oil and Gas
Operators Manual (No. 550-0300-001) provides
guidelines for PPC Plan development associated with
oil and gas operations.
NOI and plans. The seal must be placed on each
plan drawing and on the cover of the narrative.
9. PHASED PROJECTS
Under 25 Pa. Code § 102.5(e), “a person proposing
oil and gas activities that involve 5 acres (2 hectares)
or more of earth disturbance over the life of the project
shall obtain an E&S Permit under Chapter 102 prior to
commencing the earth disturbance activity.” In some
cases, the life of the project as defined above may be
a long term or large scale project and the operator
may wish to develop the project over time or in
phases.
11. SUBSEQUENT PHASE CERTIFICATION
FOR EXPEDITED REVIEW
If an applicant plans to develop a phased project, but
the exact location of wells in the subsequent phases
cannot be determined until some wells are drilled, an
operator may still seek an E&S General Permit for Oil
and Gas Activities for a phased project so long as the
operator identifies the anticipated scope, locations,
and types of activities of such subsequent phases.
When the applicant desires expedited review for
subsequent phases of a phased project the applicant
must answer the question accordingly and provide the
following:
Signature
Company Name
Address
Phone Number
Date and location of most recent DEP training
attended
Under the phased project approach, a NOI can be
submitted with the initial phase or phases
accompanied with detailed construction plans and
drawings. The subsequent phases can be submitted
without detailed construction plans and drawings but
with sufficient detail to describe the scope, location
and type of activity to allow the Department to assess
the total environmental impact of the project.
10. PREPAREDNESS, PREVENTION
CONTINGENCY (PPC) PLAN
12. PERMIT RENEWAL
An operator may request a 1-year renewal of a well
permit. The request shall be accompanied by a permit
fee, the surcharge required in section 601 of the act
(58 P. S. § 601.601), and an affidavit affirming that
the information on the original application is still
accurate and complete, that the well location
restrictions are still met and that the surface owners,
coal owners and operators, gas storage operators,
where the permit renewal is for a proposed well
location within an underground gas storage reservoir
or the reservoir protective area, and water supply
owners within 1,000 feet have been notified of this
request for renewal. The request shall be received by
the Department at least 15 calendar days prior to the
expiration of the original permit.
AND
The applicant must prepare and implement a
Preparedness, Prevention and Contingency (PPC)
Plan when storing, using or transporting materials
including: fuels, chemicals, solvents, pesticides,
fertilizers, lime, petrochemicals, wastewaters, wash
water, core drilling wastewater, cement, sanitary
wastes, solid wastes or hazardous materials onto, on
or from the project site during earth disturbance
activities. The PPC Plan shall be available upon
request by the Department or conservation district.
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ATTACHMENT A
STANDARD E&S PLAN TECHNICAL GUIDE
Project:
Project Name:
Item Location:
Date:
D = E&S Drawings, N = E&S Narrative, D&N = Drawings and Narrative
Check that the following items are completed in the E&S Plan. If an item is not applicable write N/A.
“The E&S Plan shall be prepared by a person trained and experienced in E&S control methods and
techniques applicable to the size and scope of the project being designed”
Name
Address
Telephone No.
D&N
“The existing topographic features of the project site and the immediate surrounding area”
Legible mapping
Existing contours
____________ Type of cover
Existing improvements, i.e. roads, buildings, utilities, etc.
Sufficient surrounding area
Complete mapping symbols legend and north arrow
Location map, i.e. USGS
D
D
D
D
D
D
D or N
“The types, depth, slope, locations and limitations of the soils”
Types, slopes, and locations of soil types
Soil type use limitations and resolutions
Hydric soils
D
N
N
“The characteristics of the earth disturbance activity, including the past, present, and proposed
land uses and the proposed alteration to the project site”
Proposed boundary and limits of construction
Proposed contours/grades
Proposed waterways and stormwater management facilities
Proposed improvements, i.e., roads, buildings, utilities, etc.
Past, present and proposed land uses
D
D
D
D
N
“The volume and rate of runoff from the project area and its upstream watershed area”
Maximum during construction drainage areas
Offsite drainage area(s) on USGS quadrangle map
____________ Discharge analysis provided for non-surface water discharges
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D
N
N
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“The location of all surface waters of this Commonwealth which may receive runoff within or from
the project site and their classification under Chapter 93”
Existing streams, wetlands, floodway, etc.
Receiving watercourses
Chapter 93 classification of streams or other water bodies
D
D
N
“A narrative description of the location and type of perimeter and onsite BMPs used before, during
and after the earth disturbance activity”
Description provided in the narrative
N
“A sequence of BMP installation and removal in relation to the scheduling of earth disturbance
activities, prior to, during and after earth disturbance activities that ensure the proper functioning
of all BMPs”
Complete and site specific sequence of BMP installation
Activities planned to limit exposed areas
Removal of temporary BMPs
D
D
D
“Supporting calculations and measurements” and “Plan Drawings”
Stabilized Construction Entrance
____________ Locations ____________ Complete Details
D
Silt Fencing
Locations
Slope Length ___________ Complete Details
D
Channels
____________ Locations ____________ Drainage Areas ____________
____________ Contours and Grades ___________ Complete details
Peak flow calculations _______ _
Capacity and freeboard calculations
Protective lining calculations
D
D
N
N
Sediment Basins
Locations
Contours _________ Drainage Areas
Complete berm & outlet details
Cleanout information
Discharge to surface waters or approved alternative
Structurally sound
Capacity calculations ____________ Discharge calculations
Dewatering calculations
D
D&N
D
D&N
N
N
Sediment Traps
Locations
Contours __________ Drainage Areas
Complete berm & outlet details
Cleanout information
Discharge to surface waters or approved alternative
Capacity information
Discharge calculations
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D
D&N
D
N
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Outlet Protection
Locations
Design Calculations
Inlet Protection
____________ Locations
Complete Details
D
N
____________ Complete Details
D
Other BMPs (specify) ___________________________________________________________
__________ Locations ___________________ Complete Details
__________ Design Calculations
D
N
Temporary Stabilization
Seed
Lime
Types
Rates
D
D
Fertilizer
Mulch
Others
Permanent Stabilization
____________ Topsoil replacement
Seed
Lime
D
Fertilizer
Mulch
Others
Types
Rates
D
D
“A maintenance program, which provides for the operation and maintenance of BMPs and the
inspection of BMPs on a weekly basis and after each stormwater event, including the repair or
replacement of BMPs to ensure effective and efficient operation. The program must provide for
completion of a written report documenting each inspection and all BMP repair, or replacement
and maintenance activities”
_
Inspection schedule
Maximum sediment storage elevation/level in BMPs
Time frames for completing specific maintenance and repairs for each type
of BMP proposed.
Site stabilization repair parameters and directions
Disposal directions for sediment removed from BMPs
Note provided requiring written documentation of inspection & repair/replacement
of BMPs by contractor
D
D
D
D
D
D
“Procedures which ensure that the proper measures for the recycling or disposal of materials
associated with or from the project site will be undertaken in accordance with this title”
Project construction wastes are identified
Directions for recycling/disposal of construction wastes
Soil/rock disposal areas provided with BMPs
N
D
D
“Identification of natural occurring geologic formations or soil conditions that may have the potential to
cause pollution during earth disturbance activities and include BMPs to avoid or minimize potential
pollution and its impacts from the formations”
Potential for geologic or soil conditions to cause pollution during construction
is addressed
Instructions for proper handling and/or disposal of all materials which could
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D
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cause pollution are provided
Typical details are provided for proper handling and/or disposal of all such
materials
The locations of all such materials are clearly shown on the plan maps
D
D
“Identification of the potential thermal impacts to surface waters of this Commonwealth from the
earth disturbance activity including BMPs to avoid, minimize or mitigate potential pollution from
thermal impacts”
____________ Analysis of how thermal impacts associated with the project will be avoided is
provided
____________ If impacts cannot be avoided, impacts are minimized and BMPs provided to
mitigate impacts and protect and maintain surface water quality
N
D&N
“The E&S Plan shall be planned, designed, and implemented to be consistent with the PCSM Plan
under § 102.8 (relating to PCSM requirements). Unless otherwise approved by the Department, the
E&S Plan must be separate from the PCSM Plan and labeled “E&S” or “Erosion and Sediment
Control Plan” and be the final plan for construction”
____________ Overall plan supports the managing of stormwater for erosion and sediment
control during earth disturbance activities
____________ BMPs are compatible with and can be integrated into structural and nonstructural PCSM practices
D&N
D&N
“Identification of existing and proposed riparian forest buffers”
____________ Existing and/or proposed buffers are shown on the plan drawings.
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ATTACHMENT B
STANDARD PCSM TECHNICAL GUIDE
Check that the following items are completed in the PCSM Plan. If an item is not applicable write N/A.
Project:
Project Name:
Item Location:
Date:
D = E&S Drawings, N = E&S Narrative, D&N = Drawings
and Narrative
1. “The existing topographic features of the project site and the immediate surrounding area”
Legible Mapping
D
Existing Contours
D
Type of Cover
D
Existing Improvements (i.e. roads, buildings, utilities, etc.)
D
Sufficient surrounding area
D
Complete mapping symbols and north arrow
D
Location Map (i.e. USGS)
D or N
2. “The types, depth, slope, locations and limitations of the soils and geologic formations”
Types, slopes and locations of soil types
D
Soil type use limitations and resolutions
N
Hydric Soils
N
3. “The characteristics of the project site, including the past, present and proposed land uses and
the proposed alteration to the project site”
Proposed limits of construction
D
Proposed contours and grades
D
Proposed improvements (i.e. roads, buildings, utilities etc.)
D
Past, present and proposed land uses
N
Existing features
D
Proposed Impervious Areas
D
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4. “An identification of the net change in volume and rate of stormwater from preconstruction
hydrology to post construction hydrology for the entire project site and each drainage area”
The design storm used for calculations is identified
N
Preconstruction hydrology runoff rate and volume are identified for the
N
entire project site and each drainage area
Post-construction hydrology runoff rate and volume are identified for the
N
entire project site and each drainage area
The net change in runoff rate and volume are identified for the entire project
N
site and each drainage area
5. “An identification of the location of surface waters of this Commonwealth, which may receive
runoff within or from the project site and their classification under Chapter 93 (relating to water
quality standards)”
Existing streams, wetlands, floodway, etc.
D
Receiving watercourses
D
Chapter 93 classification streams or other water bodies
N
6. “A written description of the location and type of PCSM BMPs including construction details for
permanent stormwater BMPs including permanent stabilization specifications and locations”
All permanent PCSM BMPs are identified in the narrative and shown
D&N
in the plan drawings
Construction details are included for all permanent PCSM BMPs
N
Permanent stabilization specifications for all permanent PCSM BMPs are
N
included
Proprietary BMP systems are illustrated on the drawings in accordance with
D
their manufacturer’s requirements.
Infiltration BMPs are provided with overflows and/or underdrains as needed
D&N
to meet site and soil limitations.
7. “A sequence of PCSM BMP implementation or installation in relation to earth disturbance
activities of the project site and a schedule of inspections for critical stages of PCSM BMP
installation”
Complete and site specific sequence of BMP installations
D&N
Activities planned to limit exposed areas
D&N
Removal of temporary BMPs
D&N
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Critical stages of BMP installation are identified
N
8. “Supporting calculations”
Calculations for all BMPs and points of interest are provided.
N
Methodology used for all calculations is identified.
N
The design storm used for each calculation is identified.
N
Current (2005 or more recent) Act 167 plans are identified
D or N
Act 167 plan consistency verification is provided
N
All flowcharts from the Pennsylvania Stormwater BMP Manual with flow
N
path highlighted have been provided
All appropriate worksheets from the Pennsylvania Stormwater BMP Manual
N
have been completed and are provided.
9. “Plan drawings”
Locations of BMPs are shown along with tributary drainage areas
D
Construction details are included for all PCSM BMPs
D
All easements and rights-of-way are shown on plan drawings.
D
Sensitive resources are shown (i.e. steep slopes, riparian, etc.)
D&N
Existing and proposed discharges & points of interest
D
Floodplain and floodway delineations
D
Locations and sufficient infiltration testing to represent proposed locations of
D
volume and rate control BMPs.
PCSM Plan Drawings are consistent with E&S Plan in relation to proposed
D
contours, improvements, soils, wetlands, floodways, streams, discharge
locations, E&S BMPs, etc.
Infiltration BMPs
_______________All infiltration BMPs must have infiltration testing completed
N
_______________All infiltration BMPs must have soil testing completed
N
_______________All infiltration BMPs should be sited on un-compacted soils
D&N
BMP 6.4.2 Infiltration Basins
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_______________Maintain a minimum 2-foot separation to bedrock and high water table
D&N
_______________Do not install on recently placed fill (<5 years)
D&N
_______________Allow 2 foot buffer between bed bottom and seasonal high groundwater table D & N
BMP 6.4.4 Infiltration Trench
_______________Perforated pipe set at a minimum slope in a stone filled, level-bottomed
D&N
trench
_______________Limited in width (3 to 8 feet) and depth of stone (6 feet max recommended)
D&N
_______________Trench is wrapped in nonwoven geotextile (top, sides, and bottom)
D&N
_______________A minimum of 6” of topsoil is placed over trench and vegetated
D&N
BMP 6.4.5 Bio-retention
_______________Ponding depths generally limited to 12 inches or less
D&N
_______________Native vegetation that is tolerant of variability, salts and stress
D&N
_______________Modify soil with compost
D&N
BMP 6.4.8 Vegetated swale
_______________Longitudinal slopes range from 1 to 6 %
D&N
_______________Side slopes range from 3:1 to 5:1
D&N
_______________Bottom width of 2 to 8 feet
D&N
_______________Convey the 10-year storm event with a minimum of 6 inches of freeboard
D&N
_______________Designed for non-erosive velocities up to the 10-year storm event
D&N
BMP 6.4.9 Vegetated Filter strip
_______________Filter Strip length is a function of the slope, vegetative cover, and soil type
D&N
_______________Minimum recommended length of filter strip is 25 feet
D&N
_______________Filter strip slope should never exceed 8%; less than 5% are preferred
D&N
_______________Level spreading devices are recommended to provide uniform sheet flow
D&N
_______________Maximum contributing drainage area slope is generally less than 5%
D&N
_______________Minimum filter strip width should equal the width of the drainage area
D&N
BMP 6.4.10 Infiltration Berm
_______________Maintain a minimum 2-foot separation to bedrock and high water table
D&N
_______________Berms should be relatively low, preferable no more than 24 inches in height D & N
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_______________If berms are to be mowed, the berm side slopes should not exceed a ratio
D&N
of 4:1
_______________Berms should be vegetated with turf grass at a minimum
D&N
BMP 6.5.2 Runoff recapture and use
_______________Storage devices designed to capture a portion of small, frequent storm
D&N
events
_______________Systems must provide for bypass or overflow of large storm events
D&N
_______________Water budget incorporating anticipated water inflow and usage required
D&N
Water Quality and Rate Control BMPs
BMP 6.6.1 Constructed Wetlands
_______________Adequate drainage area or proof of sustained base flow
D&N
_______________Maintenance of permanent water surface
D&N
_______________Relatively impermeable soils or engineered liner
D&N
_______________Sediment collection and removal
D&N
_______________Adjustable permanent pool and dewatering mechanism
D&N
BMP 6.6.2 Wet pond/Retention basin
_______________Adequate drainage area or proof of sustained baseflow
D&N
_______________Natural high groundwater table
D&N
_______________Maintenance of permanent water surface
D&N
_______________Should have at least 2 to 1 length to width ratio
D&N
_______________Forebay for sediment collection and removal
D&N
_______________Dewatering mechanism
D&N
BMP 6.6.3 Dry extended basin
_______________Hydraulic capacity controls effectiveness
D&N
_______________Ideal in combination with other BMPs
D&N
Restoration BMPs
BMP 6.7.1 Riparian buffer restoration
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_______________Reestablish buffer areas along perennial, intermittent, and ephemeral
D&N
streams
_______________Plant native, diverse tree and shrub vegetation
D&N
_______________Create a short-term maintenance and long-term maintenance plan
D&N
_______________Clear, well-marked boundary
D&N
BMP 6.7.2 Landscape restoration
_______________Minimize traditional turf lawn area
D&N
_______________Maximize landscape restoration area planted with native vegetation
D&N
_______________Protect landscape restoration area during construction
D&N
_______________Prevent post-construction erosion through adequate stabilization
D&N
_______________Minimize mowing (two times per year)
D&N
BMP 6.7.3 Soil amendment and restoration
_______________Physical loosening
D&N
_______________Compost amendments
D&N
BMP 6.7.4 Floodplain restoration
_______________Can prevent riparian problems from getting worse or can fix problems
D&N
caused by historical practices
_______________Reattachment of root systems of floodplain vegetation/riparian areas
D&N
connected to groundwater and/or base flow
_______________Removal of “legacy sediments” and associated nutrients stored within the
D&N
stream corridors prior to release through bank erosion
Other BMPs and related structural measures
BMP 6.8.1 Level spreaders
_______________Must be level
D&N
_______________Are not applicable in areas with easily erodible soils and/or little vegetation
D&N
_______________Should safely diffuse at least the 10-year storm peak rate
D&N
_______________Bypassed flows should be stabilized in a sufficient manner
D&N
10. “A long-term operation and maintenance schedule, which provides for inspection of PCSM
BMPs, including the repair, replacement, or other routine maintenance of the PCSM BMPs to
ensure proper function and operation”
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Inspection schedule of each permanent BMP is provided
N
Directions for maintenance and/or replacement of each BMP
N
Directions for sediment disposal
N
Responsible party (owner, operator, inspector) has been identified
N
11. “Procedures which ensure that the proper measures for recycling or disposal of materials
associated with or from the PCSM BMPs are in accordance with Department laws, regulations and
requirements”
Project wastes are identified
N
Directions for recycling /disposal of wastes
D or N
12. “An identification of naturally occurring geologic formations or soil conditions that may have
the potential to cause pollution after earth disturbance activities are completed and PCSM BMPs
are operational and development of a management plan to avoid or minimize potential pollution
and its impacts”
Potential for geologic or soil conditions to cause pollution during construction
N
Instructions for proper handling and/or disposal of all materials which could
D
cause pollution are provided
Typical details are provided for proper handling and/or disposal of all such
D
materials
The locations of all such materials are clearly shown on the plan maps
D
13. “An identification of potential thermal impacts from post construction stormwater to surface
waters of this Commonwealth including BMPs to avoid, minimize or mitigate potential pollution
from thermal impacts”
Applicant has described how thermal impacts of stormwater runoff from the
N
project site were avoided.
Applicant has described how thermal impacts were minimized and mitigated.
D&N
14. “A riparian forest buffer management plan when required under § 102.14 (relating to riparian
buffer requirements)”
_______ Existing and/or proposed buffers are shown on the plan drawings
- 29 -
D
5500-PM-OOGM0005
NOI Instructions
Rev. 11/2011
ATTACHMENT C
Instructions
This letter is provided as an example only. Applicants may draft their own letter of notification. This letter must be
modified to meet the specific requirements of the project if the applicant chooses to use the following text.
SAMPLE NOTICE LETTER TO MUNICIPALITY AND COUNTY
Date:
Dear (Municipal Secretary): or
Dear (County Commissioners):
This municipal notice, under the requirements of Act 14, 97 P.S. § 510-5, is to inform you that (I am/we are) applying
for coverage under the Erosion and Sediment Control General Permit (ESCGP-2) for Earth Disturbance Associated
with Oil & Gas Exploration, Production, Processing or Treatment Operations or Transmission Facilities from the
Pennsylvania Department of Environmental Protection (DEP):
Applicant Contact:
Project Location:
Project Description:
Enclosed is a complete copy of the Notice of Intent (NOI) completed by the applicant for this project.
Sincerely,
Enclosures
cc: /county planning agencies
- 30 -
5500-PM-OOGM0005
NOI Instructions
Rev. 11/2011
ATTACHMENT D
Instructions to Complete the Summary Table
(This table is located in Section D, E and F, of the NOI Application Form)
SUMMARY TABLE FOR SUPPORTING CALCULATION AND MEASUREMENT DATA
See the Instructions below on how to Complete This Section
Design storm frequency
Rainfall amount
inches
Pre-construction
Impervious area (acres)
Volume of stormwater runoff (acre-feet) without
planned stormwater BMPs
Volume of stormwater runoff (acre-feet) with
planned stormwater BMPs
Stormwater discharge rate for the design
frequency storm
Box 1.
Box 2.
Box 3.
Box 4.
Box 5.
Box 6.
Box 7.
Box 8.
Box 9.
Box 10.
Box 11.
Post Construction
Net Change
1
2
3
4
5
6
7
8
10
11
9
Pre-construction impervious area: The total acres of impervious area on the project site before
construction activities begin.
Post construction impervious area: The total acres of impervious area on the project site after
construction activities have been completed.
Net change of impervious area: The difference between the acres of impervious area listed in Box 1
and Box 2.
Pre-construction stormwater runoff volume without planned BMPs: The amount of stormwater runoff
volume from the project site that would result from the design storm occurrence before construction
activities begin.
Post construction stormwater runoff volume without planned BMPs: The amount of stormwater
runoff volume from the project site that would result from the design storm occurrence after
construction activities have finished assuming that no stormwater infiltration or retention BMPs have
been installed.
Net change in stormwater volume without planned BMPs: The difference between the amounts of
stormwater runoff volume listed in Box 4 and Box 5.
Post construction stormwater runoff volume with planned BMPs: The amount of stormwater runoff
volume from the project site that would result from the design storm occurrence after construction
activities have finished and the planned stormwater infiltration or retention BMPs have been installed.
Net change in stormwater runoff volume with planned BMPs: The difference between the amounts of
stormwater runoff volume listed in Box 4 and Box 7.
Pre-construction stormwater discharge rate: The stormwater runoff discharge rate for the design
frequency storm as determined by the land use for the past five years.
Post construction stormwater discharge rate: The stormwater runoff discharge rate for the design
frequency storm event after all planned stormwater BMPs are installed.
Net change stormwater discharge rate: The difference between the stormwater runoff discharge
rates listed in Box 9 and Box 10.
- 31 -
5500-PM-OOGM0005 Rev. 2/2012
Notice of Intent
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
OFFICE OF WATER MANAGEMENT
OFFICE OF OIL AND GAS MANAGEMENT
OFFICIAL USE ONLY
ID #
Date Received
NOTICE OF INTENT FOR COVERAGE
UNDER THE EROSION AND SEDIMENT CONTROL GENERAL PERMIT (ESCGP-2)
FOR EARTH DISTURBANCE ASSOCIATED WITH OIL AND GAS EXPLORATION,
PRODUCTION, PROCESSING, OR TREATMENT OPERATIONS OR TRANSMISSION FACILITIES
READ THE INSTRUCTIONS PROVIDED IN THIS PERMIT APPLICATION PACKAGE BEFORE COMPLETING THIS FORM.
PLEASE PRINT OR TYPE INFORMATION IN BLACK OR BLUE INK.
SECTION A. APPLICANT INFORMATION
APPLICATION TYPE
NEW
RENEWAL
Applicant's Last Name (If applicable)
MAJOR MODIFICATIONS
First Name
EXPEDITED
MI
PHASED
Phone
FAX
Organization Name or Registered Fictitious Name
Phone
FAX
Mailing Address
City
State
ZIP + 4
Email Address
Co-Applicant's Last Name (If applicable)
First Name
MI
Phone
FAX
Organization Name or Registered Fictitious Name
Phone
FAX
Mailing Address
City
State
ZIP + 4
Email Address
SECTION B. SITE INFORMATION
Site Name
Site Location
Site Location – City
State
ZIP+4
Detailed Written Directions to Site
County
Municipality
City
-1-
Boro
Twp.
5500-PM-OOGM0005 Rev. 2/2012
Notice of Intent
SECTION C. PROJECT INFORMATION
1. Total Project Area/Project Site (Ac):
Total Disturbed Area (Ac):
2. Project Name
3. Project Type (Check all that apply)
Oil/Gas Well
Transmission Facility
Centralized Fresh Water Impoundment
Gathering Facility
Processing Facility
Treatment Facility
Centralized Wastewater Impoundment
If Oil/Gas well, is the well conventional or unconventional?
Conventional
Unconventional
Project Description
4. Please provide the latitude and longitude coordinates for the center of the project. The coordinates should be in
degrees, minutes seconds (DD MM SS.SS) and North American Datum 1983.
Latitude
degrees
minutes
Horizontal Collection Method:
GPS
seconds Longitude
degrees
minutes
Interpolated from U.S.G.S. Topographic Map
seconds
DEP’s eMAP
5. U.S.G.S. 7.5 min. Quad Map Name
6. Will the project be conducted as a phased permit project?
Yes
If Yes, Include Master Site Plan Estimated Timetable for Phased Projects.
Phase No.
or Name
Description
Total Area
Disturbed
Area
No
Additional sheet(s) attached.
Start Date
End Date
7. List existing and previous land use for a minimum of the previous 5 years.
8. Other Pollutants: Will the stormwater discharge contain pollutional substances other than sediment?
If yes, explain and provide any available quantitative data.
Yes
No
9. Will fuels, chemicals, solvents, other hazardous waste or materials be used or stored on site during earth disturbance
activities?
Yes
No
(If yes, a PPC Plan is required)
10. Have naturally occurring geologic formations or soil types been identified that may cause pollution when disturbed?
Yes
No
(If yes, BMPs to avoid or minimize the potential pollution must be utilized)
11. Have potential thermal impacts to surface water of the Commonwealth from earth disturbance activity been identified?
Yes
No
(If yes, BMPs to avoid, minimize or mitigated the thermal pollution must be utilized)
12. Have the E&S Plan and PCSM/SR Plan been planned, designed and implemented to be consistent and separate?
Yes
No
(If no, use of combined plans must be approved by the Department)
13. Have existing and/or proposed Riparian Forest Buffers been identified?
Yes
No
(If no, they must be shown on the plans)
N/A
-2-
5500-PM-OOGM0005 Rev. 2/2012
Notice of Intent
14. Is a riparian buffer wavier being requested?
Yes
No
If yes, the applicant requesting a waiver must submit a written request that demonstrates that reasonable alternatives
will meet the requirements of 25 Pa. Code § 102.14.
15. Have antidegradation implementation requirements been addressed?
Yes
No
(If no, antidegradation requirements must be included in the plan) N/A
16. Waiver of Distance Requirements
a. If the proposed earth disturbance includes construction of a well site, is any earth disturbance proposed within 100
feet of a blue-line stream or wetland at least one acre in size?
Yes
No
N/A
b. If Yes, has Waiver OG-0057 been obtained?
Yes
No
(If no, be advised that a waiver is required for well sites constructed within 100 feet of any
blue-line stream or a wetland greater than 1 acre in size)
17. Has the seasonal high groundwater level been identified at all excavation locations for pits and impoundments other
than those containing top-hole water, fresh water and uncontaminated drill cuttings?
Yes
No
(If no, be advised that a 20-inch separation between the seasonal high groundwater and the
bottom of all pits and
impoundments containing pollutional substances is required.)
18. Receiving Water/Watershed Name
Name of Municipal or Private Separate Storm Sewer Operator
Chapter 93, Designated Use and Existing Use
Stream Classification
High Quality
Other
Exceptional Value
Secondary Water
19. Is an Expedited Review being requested?
Yes
No
If yes, be advised that the Expedited Review is not available for all projects. Refer to the “Expedited Review Process”
Item 10, Page 18 of the ESCGP-2 Instructions to determine if your project is eligible.
SECTION D. EROSION AND SEDIMENT CONTROL PLAN BMPS
See the attached Instructions on how to complete this section.
Erosion and Sediment Control Plan BMPs should be designed to minimize accelerated erosion and sedimentation through
limiting the extent and duration of earth disturbance, protection of existing drainage and vegetation, limiting soil
compaction and controlling the generation of increased runoff. The Department recommends the use of the Erosion and
Sediment Control BMP Manual to achieve this goal. The E&S Plan must meet the requirements of Pa. Code § 102.4(b)
and submitted with the NOI.
1. Erosion and Sediment BMPs. Provide a brief summary of proposed BMPs and their performance to manage E & S
for the project. If E & S BMPs and their application do not follow the guidelines referenced in the Pa. Erosion and
Sediment Pollution Control Program Manual, provide documentation to demonstrate performance equivalent to, or better
than, the BMPs in the Manual.
-3-
5500-PM-OOGM0005 Rev. 2/2012
Notice of Intent
E & S BMPs
2. Riparian Buffer Information
A. Will you be protecting, converting or establishing a riparian buffer or a riparian forest buffer as a part of this project?
Yes
No
B. If the regulations require a riparian buffer or riparian forest buffer and you are not providing one, please list the
waiver provisions in the Chapter 102 regulations, Section 102.14(d)(2)(i)-(vi), that you are requesting and
provide additional documentation to demonstrate reasonable alternatives for compliance with 102.14
requirements.
C. Will you be protecting, converting or establishing a voluntary riparian forest buffer as part of this project?
Yes
No
If yes you must include a Riparian Forest Buffer Management Plan as part of the PCSM plans.
3.
SUMMARY TABLE FOR SUPPORTING CALCULATION AND MEASUREMENT DATA
See Attachment D in the Instructions on how to Complete This Section
Design storm frequency
Rainfall amount
inches
Pre-construction
Impervious area (acres)
Volume of stormwater runoff (acrefeet) without planned stormwater
BMPs
Volume of stormwater runoff (acrefeet) with planned stormwater BMPs
Stormwater discharge rate for the
design frequency storm
-4-
Post Construction
Net Change
5500-PM-OOGM0005 Rev. 2/2012
Notice of Intent
4.
Thermal Impacts Analysis
Please explain how thermal impacts associated with this project were avoided, minimized, or mitigated.
SECTION E. SITE RESTORATION (SR) PLAN BMPS
See the attached Instructions on how to complete this section.
Site Restoration BMPs should be designed to use natural measures to eliminate pollution, infiltrate runoff, not require
extensive construction/maintenance activity, promote pollutant reduction, and preserve the integrity of stream channels.
The Department recommends the use of PA Stormwater BMP manual to achieve this goal. The SR Plan must meet the
requirements of Pa Code § 102.8(n) and submitted with the NOI.
1. Site Restoration Plan Information – The Site Restoration Plan should be designed to maximize volume reduction
technologies, eliminate (where possible) or minimize point source discharges to surface waters, preserve the integrity
of stream channels, and protect the physical, biological and chemical qualities of the receiving surface water.
Design standards applied to develop the Site Restoration Plan. Check those that apply.
Act 167 Plan – The attached SR Plan is consistent with an applicable approved Act 167 Plan.
Complete the following for all approved Act 167 Stormwater Management Plans. (Use additional sheets if necessary)
Act 167 Plan Name
Date Adopted
Consistency Letter Included
Verification Report Included
The Site Restoration Plan must satisfy either sub paragraph A, B, or C below. Check those that apply.
A.
B.
C.
Act 167 Plan approvals on or after January 2005 - The attached PCSM Plan, in its entirety, is consistent with all
requirements pertaining to rate, volume, and water quality from an Act 167 Stormwater Management Plan
approved by DEP on or after January 2005.
The PCSM meets the standard design criteria from the PA Stormwater BMP Manual.
Alternative Design Standard – The attached PCSM Plan was developed using approaches other than
102.8(g)(2). Demonstrate/explain in the space provided below how this standard will be either more protective
than what is required in 102.8(g)(2) or will maintain and protect existing water quality and existing and
designated uses.
-5-
5500-PM-OOGM0005 Rev. 2/2012
Notice of Intent
2. Riparian Buffer Information
A. Will you be protecting, converting or establishing a riparian buffer or a riparian forest buffer as part of this activity?
Yes
No
B. Will you be protecting, converting or establishing a voluntary riparian forest buffer as part of this activity?
Yes
No
C. If the regulations require a riparian buffer or riparian forest buffer and you are not providing one, list below the
waiver provisions in the Chapter 102 regulations, Section 102.14(d)(i)-(vi), that you are requesting and provide
additional documentation to demonstrate reasonable alternatives for compliance with 102.14 requirements.
D. Are you proposing Oil and Gas activities for which SR is required under Chapter 78 within 150 feet of a HQ/EV
Watershed?
Yes
No
If yes, demonstrate that any existing riparian buffer is undisturbed to the extent practicable.
Note: If the proposed activity protects, converts or establishes a riparian or riparian forest buffer a Buffer Management
Plan is required in the PCSM Plan.
-6-
5500-PM-OOGM0005 Rev. 2/2012
Notice of Intent
3.
SUMMARY TABLE FOR SUPPORTING CALCULATION AND MEASUREMENT DATA
See Attachment D in the Instructions on how to Complete This Section
Design storm frequency
Rainfall amount
inches
Pre-construction
Post Construction
Net Change
Impervious area (acres)
Volume of stormwater runoff (acre-feet)
without planned stormwater BMPs
Volume of stormwater runoff (acre-feet)
with planned stormwater BMPs
Stormwater discharge rate for the design
frequency storm
4.
SUMMARY DESCRIPTION OF SITE RESTORATION BMPs
In the lists below, check the BMPs identified in the Post Construction Stormwater Management Plan. The primary
function(s) of the BMP listed in the functions column (infiltration/recharge; detention/retention; water quality). Additional
functions may be added if applicable to that BMP. List the stormwater volume and area of runoff to be treated by each
BMP type when calculations are required. If any BMP in the Site Restoration Plan is not listed below, describe it in the
space provided after "Other".
BMP
Volume of stormwater
treated
Function(s)
Bio-infiltration areas
Infiltration Trench
Infiltration Bed
Infiltrated Basin
Infiltration/Recharge
Natural Area Conservation
Streamside Buffer Zone
Wetland Buffer Zone
Sensitive Area Buffer Zone
Pre-Construction Drainage
Pattern Intact
Infiltration/Recharge
Stormwater Retention
Detention/Retention
Constructed Wetlands
Wet Ponds
Retention Basin
Sediment and Pollutant
Removal
Water Quality
Treatment
Vegetated Filter Strips
Brush Barriers
Detention Basins
Access Road Design
Infiltration/Recharge
Road Crowning
Ditches
Turnouts
Culverts
Roadside Vegetated Filter
Strips
Stormwater Energy Dissipaters
Infiltration/Recharge
Level Spreaders
-7-
Acres treated
5500-PM-OOGM0005 Rev. 2/2012
Notice of Intent
Riprap Aprons
Upslope Diversions
5. Off-site Discharge Analysis.
Does the activity propose any off-site discharges to areas other than surface waters?
Yes
No
If yes, the applicant must have appropriate easement that provides the legal authority for this off-site discharge.
The Applicant must provide a demonstration in both the E&S and Site Restoration Plans that the discharge will not
cause erosion, damage, or a nuisance to off-site properties.
6. Thermal Impact Analysis.
Explain how thermal impacts associated with this project were avoided, minimized, or mitigated.
SECTION F. POST CONSTRUCTION STORMWATER MANAGEMENT (PCSM) PLAN BMPS
See the attached Instructions on how to complete this section.
Post Construction Stormwater Management BMPs should be designed to use natural measures to eliminate pollution,
infiltrate runoff, not require extensive construction/maintenance activity, promote pollutant reduction, and preserve the
integrity of stream channels. The Department recommends the use of PA Stormwater BMP manual to achieve this goal.
1.
1. Post Construction Stormwater Management Plan Information – The Post Construction Stormwater Management
Plan must meet the requirements in 25 Pa. Code §102.8 and should be designed to maximize volume reduction
technologies, eliminate (where possible) or minimize point source discharges to surface waters, preserve the integrity
of stream channels, and protect the physical, biological and chemical qualities of the receiving surface water.
Design standards applied to develop the Post Construction Stormwater Management Plan. Check those that apply.
Act 167 Plan – The attached PCSM Plan is consistent with an applicable approved Act 167 Plan.
Complete the following for all approved Act 167 Stormwater Management Plans. (Use additional sheets if necessary)
Act 167 Plan Name
A
B.
C.
Date Adopted
Consistency Letter Included
Verification Report Included
Act 167 Plan approvals on or after January 2005 - The attached PCSM Plan, in its entirety, is consistent with all
requirements pertaining to rate, volume, and water quality from an Act 167 Stormwater Management Plan approved
by DEP on or after January 2005.
The PCSM meets the standard design criteria from 102.8(g)(2) and (3) the PA Stormwater BMP Manual. [comment:
PCSM plans have to meet both the volume and rate requirements in the regs, which are provided in these 2
sections].
Alternative Design Standard – The attached PCSM Plan was developed using alternative approaches as provided
in 102.8(g)(2)(iv) and 102.(g)(3)(iii). Demonstrate/explain in the space provided below how this standard will be
either more protective than what is required in 102.8(g)(2) and 102.8(g)(3) or will maintain and protect existing water
quality and existing and designated uses.
The PCSM Plan must satisfy either subparagraph A, B, or C below. Check those that apply.
-8-
5500-PM-OOGM0005 Rev. 2/2012
Notice of Intent
2. Riparian Buffer Information
A. Will you be protecting, converting or establishing a riparian buffer or a riparian forest buffer as part of this activity?
Yes
No
B. Will you be protecting, converting or establishing a voluntary riparian forest buffer as part of this activity?
Yes
No
C. If the regulations require a riparian buffer or riparian forest buffer and you are not providing one, list below the
waiver provisions in the Chapter 102 regulations, Section 102.14(d)(i)-(vi), that you are requesting and provide
additional documentation to demonstrate reasonable alternatives for compliance with 102.14 requirements.
Note: If the proposed activity protects, converts or establishes a riparian or riparian forest buffer a Buffer Management
Plan is required in the PCSM Plan.
3.
SUMMARY TABLE FOR SUPPORTING CALCULATION AND MEASUREMENT DATA
See Attachment D in the Instructions on how to Complete This Section
Design storm frequency
Rainfall amount
inches
Pre-construction
Post Construction
Net Change
Impervious area (acres)
Volume of stormwater runoff (acre-feet)
without planned stormwater BMPs
Volume of stormwater runoff (acre-feet)
with planned stormwater BMPs
Stormwater discharge rate for the design
frequency storm
4.
SUMMARY DESCRIPTION OF POST CONSTRUCTION STORMWATER BMPs
In the lists below, check the BMPs identified in the Post Construction Stormwater Management Plan. The primary
function(s) of the BMP listed in the functions column (infiltration/recharge; detention/retention; water quality). Additional
functions may be added if applicable to that BMP. List the stormwater volume and area of runoff to be treated by each
BMP type when calculations are required. If any BMP in the Site Restoration Plan is not listed below, describe it in the
space provided after "Other".
BMP
Bio-infiltration areas
Volume of stormwater
treated
Function(s)
Infiltration/Recharge
Infiltration Trench
Infiltration Bed
Infiltrated Basin
Natural Area Conservation
Infiltration/Recharge
Streamside Buffer Zone
Wetland Buffer Zone
Sensitive Area Buffer Zone
Pre-Construction Drainage
Pattern Intact
Sediment and Pollutant Removal
Water Quality Treatment
Vegetated Filter Strips
Brush Barriers
Detention Basins
Access Road Design
Infiltration/Recharge
Road Crowning
Ditches
Turnouts
-9-
Acres treated
5500-PM-OOGM0005 Rev. 2/2012
Notice of Intent
Culverts
Roadside Vegetated Filter Strips
Stormwater Energy Dissipaters
Infiltration/Recharge
Level Spreaders
Riprap Aprons
Upslope Diversions
5. Off-site Discharge Analysis.
Does the activity propose any off-site discharges to areas other than surface waters?
Yes
No
If yes, the applicant must have appropriate easement that provides the legal authority for this off-site discharge.
The Applicant must provide a demonstration in both the E&S and PCSM Plans that the discharge will not cause
erosion, damage, or nuisance to off-site properties.
6. Thermal Impact Analysis.
Explain how thermal impacts associated with this project were avoided, minimized, or mitigated.
7. Critical PCSM Plan stages.
Identify and list critical stages of implementation of the PCSM Plan for which a licensed professional or designee shall
be present on site.
SECTION G. ANTIDEGRADATION ANALYSIS
Part 1 NONDISCHARGE ALTERNATIVES EVALUATION
This section must be completed where activities will be conducted in special protection waters.
The applicant must consider and describe any and all nondischarge alternatives for the entire project area which are
environmentally sound and will:
Minimize accelerated erosion and sedimentation during the earth disturbance activity
Achieve no net change from pre-development to post-development volume, rate and concentration of pollutants in
water quality
- 10 -
5500-PM-OOGM0005 Rev. 2/2012
Notice of Intent
E & S Plan
Official
Use
Only
PCSM/Site Restoration Plan
Check off the environmentally sound
nondischarge Best Management Practices
(BMPs) listed below to be used prior to,
during, and after earth disturbance activities
that have been incorporated into your E & S
Plan based on your site analysis. For BMPs
not checked, provide an explanation of why
they were not utilized. (attach additional
sheets if necessary)
Check off the environmentally sound
nondischarge Best Management Practices
(BMPs) listed below to be used after
construction that have been incorporated into
your PCSM/SR Plan based on your site
analysis. For BMPs not checked, provide an
explanation of why they were not utilized.
(attach additional sheets if necessary)
Nondischarge BMPs
Alternative Siting
Alternative location
Alternative configuration
Alternative location of discharge
Limited Disturbed Area
Limiting Extent & Duration of Disturbance
(Phasing, Sequencing)
Riparian Buffers (150 ft min)
Riparian Forest Buffer (150 ft min)
Other
Nondischarge BMPs
Alternative Siting
Alternative location
Alternative configuration
Alternative location of discharge
Low Impact Development (LID / BSD)
Riparian Buffers (150 ft min)
Riparian Forest Buffer (150 ft min)
Infiltration
Water Reuse
Other
- 11 -
Official
Use
Only
5500-PM-OOGM0005 Rev. 2/2012
Notice of Intent
PART 2 ANTIDEGRADATION BEST AVAILABLE COMBINATION OF TECHNOLOGIES (ABACT)
If the net change in stormwater discharge from or after construction is not fully managed by nondischarge BMPs, the
applicant must utilize ABACT BMPs to manage the difference. The Applicant must specify whether the discharge will
occur during construction, post-construction or both, and identify the technologies that will be used to ensure that the
discharge will be a non-degrading discharge. ABACT BMPs include but are not limited to:
E & S Plan
Official
Use
Only
PCSM/Site Restoration Plan
Treatment BMPs:
Sediment basin with skimmer
Sediment basin ratio of 4:1 or greater (flow
length to basin width)
Sediment basin with 4-7 day detention
Flocculants
Land disposal:
Vegetated filters
Riparian buffers <150ft.
Riparian Forest Buffer <150ft.
Immediate stabilization
Pollution prevention:
PPC Plans
Street sweeping
Channels, collectors and diversions lined
with permanent vegetation, rock, geotextile
or other non-erosive materials
Stormwater reuse technologies:
Sediment basin water for dust control
Sediment basin water for irrigation
Treatment BMPs:
Infiltration Practices
Wet ponds
Created wetland treatment systems
Vegetated swales
Manufactured devices
Bio-retention/infiltration
Green Roofs
Land disposal:
Vegetated filters
Riparian Buffers <150ft.
Riparian Forest Buffer <150ft.
Disconnection of roof drainage
Bio-retention/bio-infiltration
Pollution prevention:
Street sweeping
Nutrient, pesticide, herbicide or other
chemical application plan alternatives
PPC Plans
Non-structural Practices
Land Preservation
Restoration BMPs
Stormwater reuse technologies:
Cisterns
Rain barrels
Dry hydrant with underground storage
Spray/Drip Irrigation
Other
Other
- 12 -
Official
Use
Only
5500-PM-OOGM0005 Rev. 2/2012
Notice of Intent
SECTION H. COMPLIANCE REVIEW
Is the applicant in violation of any existing permit, regulation, order, or schedule of compliance issued by the Department
within the last 5 years?
Yes
No
If yes, provide the permit number or facility name, a brief description of the violation, the compliance schedule (including
dates and steps to achieve compliance) and the current compliance status. (Attach additional information on a separate
sheets, when necessary)
- 13 -
5500-PM-OOGM0005 Rev. 2/2012
Notice of Intent
SECTION I. CERTIFICATION BY PERSON PREPARING APPLICATION
I do hereby certify to the best of my knowledge, information, and belief, that the Erosion and Sediment Control and PCSM/Site
Restoration Plan are true and correct, represent actual field conditions, and are in accordance with the 25 Pa. Code Chapters 78 and
102 of the Department’s rules and regulations. I am aware that there are significant penalties for submitting false information, including
the possibility of fine and imprisonment.
Print Name
Professional Seal
Signature
Company
Address
Phone
Most Recent DEP Training Attended
Location
Date
e-Mail Address
EXPEDITED REVIEW PROCESS
In addition to the certification required above applicants using the expedited permit review process must attach an E&S and PCSM/Site Restoration Plan
developed and sealed by a licensed professional engineer, surveyor or professional geologist. The plans shall contain the following certification:
I do hereby certify to the best of my knowledge, information, and belief, that the Erosion and Sediment Control and PCSM/Site
Restoration Plan and Post Construction BMPs are true and correct, represent actual field conditions and are in accordance with the 25
Pa. Code Chapters 78 and 102 of the Department’s rules and regulations. I am aware that there are significant penalties for submitting
false information, including the possibility of fine and imprisonment.
SECTION J. APPLICANT CERTIFICATION
Applicant Certification. I certify under penalty of law that this document and all attachments were prepared by me or under my direction
or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information
submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering
the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. The responsible
official’s signature also verifies that the activity is eligible to participate in the permit, and that the applicant agrees to abide by the terms
and conditions of the permit. I am aware that there are significant penalties for submitting false information, including the possibility of
fine and imprisonment for knowing violations.
Print Name and Title of Applicant
Print Name and Title of Co-Applicant (if applicable)
Signature of Applicant
Signature of Co-Applicant
Date Application Signed
Notarization
Sworn to and subscribed to before me this
day of
Date Application Signed
Commonwealth of Pennsylvania
, 20
County of
My Commission expires
Notary Public
AFFIX SEAL
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5500-PM-OOGM0005 Rev. 2/2012
Notice of Intent
SECTION K. CONTACT FOR ADDITIONAL INFORMATION
Contact’s Last Name
First Name
MI
Phone
FAX
Mailing Address
City
State
e-Mail Address
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ZIP + 4
5500-PM-OOGM0005
Checklist
Rev. 2/2012
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
OFFICE OF WATER MANAGEMENT
OFFICE OF OIL AND GAS MANAGEMENT
NOTICE OF INTENT (NOI) ADMINISTRATIVE COMPLETENESS CHECKLIST
EROSION AND SEDIMENT CONTROL GENERAL PERMIT FOR EARTH DISTURBANCE
ASSOCIATED WITH OIL AND GAS EXPLORATION, PRODUCTION, PROCESSING, OR
TREATMENT OPERATIONS OR TRANSMISSION FACILITIES
(ESCGP-2)
Please check the following list to make sure that you have included all the required information. Place a check mark in the column provided
for all items completed and/or provided. Failure to provide all of the requested information will delay the processing of the application, may
preclude the use of the expedited review, and may result in the application being placed ON HOLD with NO ACTION, or being considered
withdrawn and the application file closed.
THIS CHECKLIST MUST BE COMPLETED AND ENCLOSED WITH YOUR GENERAL PERMIT NOI
CHECKLIST FOR EROSION AND SEDIMENT CONTROL GENERAL PERMIT NOI
NEW NOI
RENEWAL
SUBSEQUENT PHASE
Major Revision
Minor Revision
If a Renewal, Subsequent Phase or Revision, identify ESCGP-2 Permit Authorization #
(If applicable)
1.
Fully completed, properly signed and notarized Notice of Intent form (1 original and 2 copies).
(Not required for subsequent phases)
2.
Complete Erosion and Sediment Control (E&S) Plans. (1 original and 2 copies)
NOTE: Identify Locations as Drawings (D), Narrative (N). (Identify Not Applicable as “N/A”)
The E & S Plan must contain, at a minimum, the following:
a. Topographic Features
Existing topographic features of the project site and
immediate surrounding area.
Location:
Page:
b. Soil Characteristics
Types, depth, slope, locations and limitations of the
soils including methods for resolution of all soil
limitations.
Location:
Page:
c. Earth Disturbance Activity
The characteristics of the earth disturbance activity,
including the past, present and proposed land uses
and proposed alteration to the project site.
Location:
Page:
d. Project Site Runoff
The Volume and rate of runoff from the project site and
its upstream watershed area.
Location:
Page:
e. Surface Water Classification
The Location of all surface waters of this
Commonwealth which may receive runoff within or
from the project site including their classification under
Chapter 93. Be advised expedited review is not
available for projects in special protection watersheds.
Location:
Page:
Location:
Page:
f.
BMP Description Narrative
A narrative description of the location and type of
perimeter and onsite BMPs used before, during, and
-1-
are
be
the
for
Applicant
Check  Official
if
Use
Included Only
APPLICANT
PROJECT and PHASE NAME
Minor revisions
not required to
submitted
to
regional office
review.
5500-PM-OOGM0005
Checklist
Rev. 12/2011
after the earth disturbance activity.
g. BMP Installation Sequence Narrative
A sequence of BMP installation and removal in relation
to the scheduling of earth disturbance activities, prior
to, during and after earth disturbance activities that
ensures proper functioning of BMPs.
3.
Location:
Page:
h. Supporting calculations and measurements.
Location:
Page:
i. Plan Drawings.
Location:
Page:
j. Maintenance Program
A maintenance program which provides for the
operation and maintenance of BMPs and the inspection
of BMPs on a weekly basis and after each stormwater
event, including the repair or replacement of BMPs to Location:
ensure effective and efficient operation. The program
must provide for completion of a written report
documenting each inspection and all BMP repair, or
replacement and maintenance activities.
Page:
k. Material Recycling and Disposal
Procedures which ensure that the proper measures for
the recycling or disposal of materials associated with or Location:
from the project site will be undertaken in accordance
with this title.
Page:
l. Soil Conditions and Geologic Formations
Identification of naturally occurring geologic formations
or soil conditions that may have the potential to cause Location:
pollution during earth disturbance activities and include
BMPs to avoid or minimize potential pollution and its
impacts from the formations.
Page:
m. Thermal Impacts
Identification of potential thermal impacts to surface
waters of this Commonwealth from the earth Location:
disturbance activity including BMPs to avoid, minimize
or mitigate potential pollution from thermal impacts.
Page:
n. E&S Plan and PCSM/SR Plan Consistency
The E&S Plan shall be
planned, designed and
implemented to be consistent with the PCSM Plan
under § 102.8. Unless otherwise approved by the Location:
Department, the E&S Plan must be separate from the
PCSM Plan and labeled “E&S” or “Erosion and
Sediment Control Plan” and be the final plan for
construction.
Page:
o. Riparian Forest Buffers
Identification of existing and proposed riparian forest Location:
buffers (When required).
Page:
p. Antidegradation Requirements
Satisfy antidegradation implementation requirements Location:
including evaluation of nondischarge alternatives and
ABACT.
Page:
Permit NOI Filing Fees of $500 plus $100/Acre of earth
disturbance payable to the appropriate Clean Water Fund
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Location:
Page:
5500-PM-OOGM0005
Checklist
Rev. 12/2011
($500 filing fee not required for subsequent phases).
4. Municipal Notification: (3 copies) Not required for subsequence phases.
a.
Act 14 Municipal Notifications to the local municipality
and county governments that specify that the
application is for Erosion and Sediment Control
General Permit for Earth Disturbance Associated with
Oil and Gas Activities.
A "sample" notification letter is provided as
Attachment A of the instructions.
Proof or Receipt of municipal notifications: copies of
certified mail receipts, proof of deliver from a
commercial carrier or acknowledgment letters from
the local municipality and county government
b.
Cultural Resource Notice: for permotted activities on
lands of the Allegheny National Forest (ANF) are to be
coordinated with the appropriate ANF Ranger.
5. Pennsylvania Natural Heritage Program (PNHP).
Include impact clearance letters if proof of agency
coordination is required (3 copies) (Not required for
subsequent phases if review receipt or impact clearance
letters are still valid).
6
Location:
Page:
Location:
Page:
Complete Post Construction Stormwater Management/Site Restoration Plans. (1 Original,
2 copies)
NOTE: Identify location(s) as Drawing (D), Narrative (N). (Identify Not Applicable as “N/A”.)
The PCSM/Site Restoration Plan must contain, at a minimum, the following:
a. Topographic Features
Page:
The existing topographic features of the project site Location:
and immediate surrounding area.
b. Soil Characteristics
The types, depth, slope, locations and limitations of the Location:
soils and geologic formations.
c.
Page:
Earth Disturbance Activity Characterization
The characteristics of the project site, including the Location:
past, present and proposed land uses and the
proposed alteration of the project site.
Page:
d. Net Change in Volume and Rate of Runoff
An identification of the net change in volume and rate
of stormwater from preconstruction hydrology to post Location:
construction hydrology for the entire project site and
each drainage area.
Page:
e.
f.
Surface Water Classification
An identification and location of surface waters of this
Commonwealth, which may receive runoff within or Location:
from the project site and their classification under
Chapter 93.
Page:
BMP Description Narrative
A written description of the location and type of
PCSM/Site Restoration BMPs including construction Location:
details for permanent stormwater BMPs including
permanent stabilization specifications and locations.
Page:
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5500-PM-OOGM0005
Checklist
Rev. 12/2011
g. BMP Installation Sequence Narrative
A sequence of PCSM/Site Restoration BMP
implementation or installation in relation to earth Location:
disturbance activities of the project site and a schedule
of inspections for critical stages of PCSM/Site
Restoration BMP installation.
Page:
h. Supporting calculations.
Location:
Page:
i.
Location:
Page:
j. Long Term Operation and Maintenance Schedule
A Long term operation and maintenance schedule,
which provides for inspection of PCSM/Site Restoration
BMPs, including the repair, replacement or other routine
maintenance of the PCSM/Site Restoration BMPs to Location:
ensure proper function and operation. The program
must provide for completion of a written report
documenting each inspection and all BMP repair and
maintenance activities and how access to the
PCSM/Site Restoration BMPs will be provided.
Page:
k. Material Recycling and Disposal
Procedures which ensure that the proper measures for
recycling or disposal of materials associated with or Location:
from the PCSM/Site Restoration BMPs are in
accordance with Department laws, regulations and
requirements.
Page:
l. Geologic Formations and Soil Conditions
An identification of naturally occurring geologic
formations or soil conditions that may have the potential
to cause pollution after earth disturbance activities are Location:
completed and PCSM/Site Restoration BMPs are
operational and development of a management plan to
avoid or minimize potential pollution and its impacts.
Page:
m. Thermal Impacts
An Identification of potential thermal impacts from post
construction stormwater to surface water of this Location:
Commonwealth including BMPs to avoid, minimize or
mitigate potential thermal pollution from thermal
impacts.
Page:
n. Riparian Forest Buffer Management Plan
A riparian forest buffer management plan when required
under § 102.14.
Location:
Page:
o. Antidegradation Requirements
A demonstration of compliance with antidegradation
implementation requirements including evaluation of Location:
nondischarge alternatives and ABACT for where
activities will be conducted in special protection waters.
Page:
Plan Drawings.
7. PCSM Plan Stormwater Analysis
Do the regulated activities require site restoration or reclamation?
If Yes, skip to Item 10.
If No, provide the following information:
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Yes
No
5500-PM-OOGM0005
Checklist
8.
Rev. 12/2011
a. Site Characterization and Assessment
Predevelopment site characterization and assessment
of soil and geology including infiltration and geotechnical Location:
studies that identify location and depths of test sites and
methods used (If applicable).
Page:
b. Volume Reduction and Water Quality Requirements
Analysis demonstrating that the PCSM BMPs will meet
the volume reduction and water quality requirement
specified in an applicable Department approved and
current Act 167 stormwater management watershed Location:
plan; or manage the net change for storms up to and
including the 2-year/24-hour storm event when
compared to preconstruction runoff volume and water
quality (If applicable).
Page:
c. Rate Requirements
Analyses demonstrating that the PCSM BMPs will meet
the rate requirements specified in an applicable
Department approved and current Act 167 stormwater Location:
management watershed plan; or manage the net
change in peak rate for the 2-, 10-, 50-, and 100year/24-hour storm event in a manner not to exceed
preconstruction rates (If applicable).
Page:
d. Calculation Methodologies
Identification of the methodologies for calculating total
runoff volume and peak rate of runoff and provide Location:
supporting
documentation
and
calculations
(If
applicable).
Page:
e. Construction Techniques
Identification of construction techniques or special
consideration to address soil and geologic limitations (If
applicable).
Location:
Page:
f. Antidegradation Requirements
Demonstration of compliance with antidegradation
implementation requirements including evaluation of Location:
nondischarge alternatives and ABACT for where
activities will be conducted in special protection waters.
Page:
Expedited Review Process
Is any part of your project located in or drain into a Special Protection
watershed?
Is the area surrounding an oil or natural gas wellhead that is subject to earth
disturbance and that is used or planned for use for drilling, production or
plugging of the well including associated support activities constructed on or in
a flood plain?
Is any earth disturbance located on land known to be contaminated?
Is your project a transmission project?
If yes, to any of the above questions your project is not eligible for Expedited
Review. If your project is not a transmission protect complete items 8a and 8b.
Is an expedited review being requested?
If yes, all of the following items must be completed:
Yes
Yes
No
Yes
No
Yes
Yes
No
No
Yes
No
a. E&S and PCSM/Site Restoration Plan drawings and narrative sealed by licensed
professional.
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No
5500-PM-OOGM0005
Checklist
Rev. 12/2011
b. Licensed professional prepared, sealed, and certified Application/NOI.
c. Licensed professional listed location and date of DEP training attended in application/NOI.
9. Phased Projects
Is the activity being conducted as a phased project?
If yes, all of the following must be completed:
Yes
a. Initial Phase - Is the master plan included?
b.
Subsequent Phase(s) – Is(are) the subsequent phase(s) identified
in the master plan?
No
Yes
No
Yes
No
10. Preparedness, Prevention and Contingency (PPC) Plan
Will fuels, chemicals, solvents, other hazardous materials be used or stored on
site during earth disturbance activities?
If yes, provide a PPC Plan.
Yes
No
11 Subsequent Phase Certification for Expedited Reviews
Is the activity being conducted as a phased project?
Is an expedited review being requested for subsequent phase?
If yes, all of the following must be completed:
Yes
Yes
No
No
I do hereby certify to the best of my knowledge, information, and belief, that the Erosion and Sediment Control and
PCSM/Site Restoration Plan are true and correct, represent actual field conditions and are in accordance with the 25 Pa.
Code Chapters 78 and 102 of the Department’s rules and regulations. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment.
Signature
Professional Seal
Company
Address
Phone
Most Recent DEP Training Attended
Location
Date
e-Mail Address
EXPEDITED REVIEW PROCESS
In addition to the certification required above, applicants using the expedited permit review process must attach an E&S and PCSM/Site
Restoration Plan developed and sealed by a licensed professional engineer, landscape architect, surveyor or professional geologist. The plans
shall contain the following certification:
I do hereby certify to the best of my knowledge, information, and belief, that the Erosion and Sediment Control and
PCSM/Site Restoration Plan and Post Construction BMPs are true and correct, represent actual field conditions and are
in accordance with the 25 Pa. Code Chapters 78 and 102 of the Department’s rules and regulations. I am aware that
there are significant penalties for submitting false information, including the possibility of fine and imprisonment.
12. Permit Renewal
Is a permit renewal being requested?
If yes, all of the following must be completed:
Yes
No
a.
Administratively complete, signed, and notarized Notice of Intent Form, including Items 1-8.
(1 signed original and 2 copies of the NOI/application)
b.
Permit filing fee of $500 plus $100/Acre of earth disturbance payable to the appropriate
Clean Water Fund.
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5500-PM-OG0005
Permit
Rev. 1/2012
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
OFFICE OF OIL AND GAS MANAGEMENT
AUTHORIZATION OF COVERAGE UNDER THE EROSION AND SEDIMENT CONTROL
GENERAL PERMIT FOR EARTH DISTURBANCE ASSOCIATED WITH OIL AND GAS
EXPLORATION, PRODUCTION, PROCESSING, OR TREATMENT OPERATIONS OR
TRANSMISSION FACILITIES
ESCGP-2
AUTHORIZATION NUMBER:
Project Name & Location
Permittee Name & Address
In compliance with the provisions of Pennsylvania's Clean Streams Law, as amended, 35 P.S. Section 691.1 et seq.,
the Oil and Gas Act 58 P.S. §§ 601.101 et seq. and regulations promulgated thereto, including 25 Pa Code Chapters
78,93 and 102, and sections 1905-A, 1917-A and 1920-A of the Administrative Code of 1929, 71 P. S. §§ 510-5, 51017 and 510-20, the Department of Environmental Protection (Department) hereby authorizes the Notice of Intent
(NOI) submitted for coverage to conduct oil and gas activities that involve 5 acres (2 hactares) or more of earth
disturbance over the life of the project at the above named location(s):
subject to the Department’s enclosed ESCGP-2 which incorporates all requirements and conditions. Authorization to
conduct oil and gas activities is subject to the implementation of the plans and additional associated information
submitted as part of the NOI.
This authorization is granted to conduct oil and gas activities using erosion and sediment control and stormwater
management best management practices (BMPs) within the project indicated above and in compliance with all
representations set forth in your application and its supporting documents and permit conditions attached hereto.
Earth disturbance activities conducted in accordance with the terms and conditions herein may commence on the
date of the authorization of permit coverage. This authorization is valid for a period of five years when activities are
conducted pursuant to such terms and conditions. The Department may terminate this authorization prior to the
expiration date upon notice. No condition of this permit shall release the permittee(s) from any responsibility or
requirement under Pennsylvania’s statutes or regulations or local ordinances.
AUTHORIZATION DATE:
EXPIRATION DATE:
AUTHORIZED BY:
TITLE:
Page 1 of 14
EROSION AND SEDIMENT CONTROL GENERAL PERMIT FOR EARTH DISTURBANCE ASSOCIATED WITH
OIL AND GAS EXPLORATION, PRODUCTION, PROCESSING, OR TREATMENT OPERATIONS OR
TRANSMISSION FACILITIES
ESCGP-2 (2011 Amendment)
This permit applies to oil and gas activities that disturb equal to or greater than 5 acres, or an earth disturbance on
any portion, part, or during any stage of, a larger common plan of development or sale that involves equal to or
greater than 5 acres of earth disturbance.
This permit does not apply to timber harvesting activities, and road maintenance activities.
1.
2.
AUTHORITY
a.
ESCGP-2 is authorized by the Clean Streams Law, 35 P.S. Section 691.1 et seq., the Oil and Gas Act 58
P.S. §§ 601.101 et seq. and regulations promulgated thereto, including, 25 Pa Code Chapters 78, 93 and
102 regulations promulgated thereto, and sections 1905-A, 1917-A and 1920-A of the Administrative Code
of 1929, 71 P. S. §§ 510-5, 510-17 and 510-20,
b.
25 Pa. Code § 102.5(m)(1) allows for the issuance of general permits on a regional or Statewide basis or
limited to specific watersheds, particular categories of streams or designated geographic regions, for a
category of activities not subject to the NPDES requirements, but regulated under Chapter 102, provided
that (1) the projects in the category are similar in nature; (2) the projects in the category can be adequately
regulated utilizing standardized specifications and conditions, including reference to specific criteria and
requirements adopted by another Federal or State agency which adequately regulate the particular
category of activities; (3) the projects which are in the category and meet the specifications and conditions
will comply with Chapter 102; (4) the projects which are in the category in the opinion of the Department are
more appropriately controlled under a general permit than under individual permits; and (5) the projects
which are in the category individually and cumulatively do not have potential to cause significant adverse
environmental impact. ESCGP-2 is an Erosion and Sediment Control (E&S) Permit under Chapter 102 and
is issued pursuant to Section 102.5(m).
c.
25 Pa Code § 102.5(c) provides: “A person proposing oil and gas activities that involve 5 acres (2 hactares)
or more of earth disturbance over the life of the project shall obtain an E&S Permit under this chapter prior
to commencing the earth disturbance activity.” Earth disturbance activities authorized by this permit must
comply with all the terms, conditions, and processing procedures identified in this ESCGP-2.
DEFINITIONS
The following terms are defined for the purposes of ESCGP-2:
ABACT – Antidegradation Best Available Combination of Technologies – Environmentally sound and cost
effective treatment, land disposal, pollution prevention and stormwater reuse BMPs that individually or
collectively manage the difference in the net change in stormwater volume, rate, and quality for storm events up
to and including the 2-year/24-hour storm when compared to the stormwater rate, volume, and quality prior to
the earth disturbance activities to maintain and protect the existing quality of the receiving surface waters of this
Commonwealth.
Accelerated erosion – The removal of the surface of the land through the combined action of human activities
and the natural processes, at a rate greater than would occur because of the natural process alone.
BMPs – Best Management Practices – Activities, facilities, measures, planning, or procedures used to minimize
accelerated erosion and sedimentation and manage stormwater to protect, maintain, reclaim and restore the
quality of waters, and existing and designated uses of waters of this Commonwealth before, during, and after
earth disturbance activities.
Conservation District – A Conservation District, as defined in Section 3(c) of the Conservation District Law (3
P.S. § 851(c), as amended) that has the authority under a delegation agreement executed with the Department
to administer and enforce all or a portion of the erosion, sediment, and stormwater management program in the
Commonwealth of Pennsylvania.
Page 2 of 15
Co-Permittee/Permittee – Person(s) identified in this permit as responsible for the discharges of stormwater
associated with construction activity who is jointly and individually responsible together with the permittee for
compliance with all conditions of this permit and applicable laws.
Critical stages – The installation of underground treatment BMPs, structurally engineered BMPs, or other BMPs
as deemed appropriate by the Department or the conservation district.
Department – The Pennsylvania Department of Environmental Protection ("DEP") of this Commonwealth.
Earth disturbance activity – A construction or other human activity which disturbs the surface of the land,
including land clearing and grubbing, grading, excavations, embankments, land development, agricultural
plowing or tilling, operation of animal heavy use areas, timber harvesting activities, road maintenance activities,
oil and gas activities, well drilling, mineral extraction, and the moving, depositing, stockpiling, or storing of soil,
rock, or earth materials.
Erosion – The natural process by which the surface of the land is worn away by water, wind, or chemical action.
E&S Plan – Erosion and Sediment Control Plan– A site-specific plan consisting of both drawings and a narrative
that identifies BMPs to minimize accelerated erosion and sedimentation before, during, and after earth
disturbance activities.
Floodplain – The lands adjoining a river or stream that have been or may be expected to be inundated by flood
waters in a 100-year frequency flood. Unless otherwise specified, the boundary of the floodplain is as indicated
on maps and flood insurance studies provided by FEMA. In an area where no FEMA maps or studies have
defined the boundary of the 100-year frequency floodplain, it is assumed absent evidence to the contrary, that
the floodplain extends from (1) any perennial stream to 100 feet horizontally from the top of the bank, and (2)
from any intermittent stream to 50 feet horizontally from the top of the bank of such intermittent stream.
Floodway – The channel of the watercourse and portions of the adjoining floodplains which are reasonably
required to carry and discharge the 100-year frequency flood. Unless otherwise specified, the boundary of the
Floodway is as indicated on maps and flood insurance studies provided by FEMA. In an area where no FEMA
maps or studies have defined the boundary of the 100-year frequency floodway, it is assumed, absent evidence
to the contrary, that the floodway extends from the stream to 50 feet from the top of the bank of the stream. See
25 Pa. Code § 105.1
Licensed professional – Professional engineers, landscape architects, geologists and land surveyors licensed to
practice in the Commonwealth.
Long-term operation and maintenance – The routine inspection, maintenance, repairs, or replacements, of a
BMP to ensure proper function for the duration of time that the BMP is needed.
Municipality – A county, city, borough, town, township, school district, institution or authority or another public
body created by or pursuant to State Law. For the purposes of this definition, town includes an incorporated
town.
NOI – Notice of Intent – A request, on a form provided by the Department, for coverage under an erosion and
sedimentation control general permit for earth disturbances associated with oil and gas exploration, production,
processing or treatment operations or transmission facilities.
NOT – Notice of Termination – A request, on a form provided by the Department, to terminate coverage under
an erosion and sedimentation control general permit for earth disturbances associated with oil and gas
exploration, production, processing or treatment operations or transmission facilities.
Nondischarge alternative – Environmentally sound and cost effective BMPs that individually or collectively
eliminate the net change in stormwater volume, rate and quality for stormwater events up to and including the 2year/24-hour storm when compared to the stormwater rate, volume and quality prior to the earth disturbance
activities to maintain and protect the existing quality of the receiving surface waters of this Commonwealth.
Oil and gas activities - Earth disturbance associated with oil and gas exploration, production, processing or
treatment operations or transmission facilities.
Operator – A person who has one or more of the following:
(i)
Oversight responsibility of earth disturbance activity on a project site or a portion thereof, who has the
ability to make modifications to the E&S Plan, PCSM Plan, or site specifications.
(ii)
Day-to-day operational control over earth disturbance activity on a project site or a portion thereof to
ensure compliance with the E&S Plan or PCSM plan.
Page 3 of 15
Owner – A person or persons who hold legal title to the land subject to construction activity. This term also
includes the person(s) who held legal title to the land subject to construction activity at the time such activity was
commenced on a site.
PCSM Plan – Post Construction Stormwater Management Plan – A site-specific plan consisting of both drawings
and a narrative that identifies BMPs to manage changes in stormwater runoff volume, rate, and water quality
after earth disturbance activities have ended and the project site is permanently stabilized.
Permanent stabilization – Long-term protection of soil and water resources from accelerated erosion.
Person – Any operator, individual, public or private corporation, partnership, association, municipality or political
subdivision of this Commonwealth, institution, authority, firm, trust, estate, receiver, guardian, personal
representative, successor, joint venture, joint stock company, fiduciary; Department agency or instrumentality of
State, Federal or local government, or an agent or employee thereof; or any other legal entity. Whenever used
in any clause prescribing and imposing a penalty, or imposing a fine or imprisonment or both, the term "person"
shall not exclude the members of an association and the directors, officers, or agents of a corporation.
Point Source - Any discernable, confined and discrete conveyance, including, but not limited to, any pipe, ditch,
channel, tunnel, conduit, well, discrete fissure, container, rolling stock, Concentrated Animal Feeding Operation,
landfill leachate collection system, or vessel or other floating craft, from which pollutants are or may be
discharged.
Post construction stormwater – Stormwater associated with a project site after the earth disturbance activity has
been completed and the project site is permanently stabilized.
PPC Plan – A written plan that identifies an emergency response program, material and waste inventory, spill
and leak prevention and response, inspection program, housekeeping program, security and external factors,
and that is developed and implemented at the construction site to control potential discharges of pollutants other
than sediment into waters of this Commonwealth.
Project site – The entire area of activity, development, lease or sale including:
(i)
The area of the earth disturbance activity.
(ii)
The area planned for the earth disturbance activity.
(iii)
Other areas which are not subject to earth disturbance activity.
Riparian buffer – A BMP that is an area of permanent vegetation along surface waters.
Riparian forest buffer – A type of riparian buffer that consists of permanent vegetation that is predominantly
native trees, shrubs and forbs along surface waters that is maintained in a natural state or sustainably managed
to protect and enhance water quality, stabilize stream channels and banks, and separate land use activities from
surface waters.
Road Maintenance Activity –
(i) Earth disturbance activities within the existing road cross-section or railroad right-of-way including the
following:
(A) Shaping or restabilizing unpaved roads.
(B) Shoulder grading.
(C) Slope Stabilization.
(D) Cutting of existing cut slopes
(E) Inlet and endwall cleaning.
(F) Reshaping and cleaning drainage ditches and swales.
(G) Pipe cleaning.
(H) Pipe replacement.
(I) Support activities incidental to resurfacing activities such as minor vertical adjustment to meet grade of
resurfaced area.
(J) Ballast cleaning.
(K) Laying additional ballast.
Page 4 of 15
(L) Replacing ballast, ties and rails.
(M) Other similar activities.
(ii) The existing road cross-section consists of the original graded area between the existing toes of fill slopes
and tops of cut slopes on either side of the road and any associated drainage features.
Stabilization – The proper placing, grading, constructing, reinforcing, lining, and covering of soil, rock, or earth to
ensure their resistance to erosion, sliding, or other movement.
Stormwater – Runoff from precipitation, snow melt runoff, surface runoff and drainage.
Surface Waters – Perennial and intermittent streams, rivers, lakes, reservoirs, ponds, wetlands, springs, natural
seeps and estuaries, excluding water at facilities approved for wastewater treatment such as wastewater
treatment impoundments, cooling water ponds and constructed wetlands used as part of a wastewater treatment
process.
Transferee – Person(s) identified through the co-permittee/transferee form as having new responsibility for the
discharges of stormwater during construction activities and responsibility for compliance with all conditions of this
permit and all applicable laws for discharges of stormwater during the construction activity.
Waters of this Commonwealth – Rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm
sewers, lakes, dammed water, wetlands, ponds, springs and other bodies or channels of conveyance of surface
and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of this
Commonwealth.
Well Pad – The area surrounding an oil or gas wellhead that is subject to earth disturbance and that is used or
planned for use for the drilling, production or plugging of the well, including associated support activities (such as
storage of chemicals, wastewater, drill cutting, and equipment). The well pad does not include roads, pipelines,
and facilities for the withdrawal, storage, and conveyance of freshwater.
Wetlands – Areas that are inundated or saturated by surface water or groundwater at a frequency and duration
sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas.
3.
SCOPE OF ACTIVITIES
a.
ESCGP-2 applies to oil and gas activities that involve 5 acres (2 hectares) or more of earth disturbance
over the life of the project. ESCGP-2 applies only to activities within the Commonwealth of Pennsylvania.
ESCGP-2 does not obviate the need to obtain other Federal, State, or local authorizations required by law.
Persons subject to and operating under ESCGP-2 may not commence the earth disturbance activities until
receipt of written acknowledgement of coverage under ESCGP-2 from the Department, after Department
review and authorization of the NOI and associated E&S and PCSM Plans.
b.
ESCGP-2 does not apply to the following activities:
(1)
Discharges which contain hazardous pollutants, toxics, or any other substance which - because of its
quantity, concentration, or physical, chemical, or infectious characteristics - may cause or contribute
to an increase in mortality or morbidity in either an individual or the total population, or pose a
substantial present or future hazard to human health or the environment when discharged into
surface waters of this Commonwealth;
(2)
Discharges or earthmoving activities which are not, or will not be, in compliance with any of the terms
or conditions of this general permit;
(3)
Discharges or earthmoving activities for which the responsible party (person) has failed and
continues to fail to comply or has shown a lack of ability or intention to comply with a regulation,
permit, and schedule of compliance or order issued by the Department or conservation district;
(4)
Discharges which do not, or will not, result in compliance with applicable effluent limitations or water
quality standards;
(5)
Discharges or earthmoving activities which are likely to directly or indirectly adversely affect a State or
Federal threatened or endangered species or a species proposed for such designation, or which is
likely to destroy or adversely modify the critical habitat of such a species, as identified under the
Federal Endangered Species Act of 1973; Title 30, Chapter 75 of the Pa. Fish and Boat Code; Title
17, Chapter 25, Conservation of Wild Plants; and Title 31 Chapter 133 Game Wildlife code.
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(6)
4.
Discharges which individually or cumulatively have the potential to cause significant adverse
environmental impact.
PERMIT RENEWAL MODIFICATION, TERMINATION, OR REVOCATION AND REISSUANCE
a. The Department will publish a notice of any draft, renewed, or reissued general permit or of any
amendments to this general permit in the Pennsylvania Bulletin. After a comment period notice, the final,
renewed, reissued or amended general permit will be published in the Pennsylvania Bulletin. Any person
with an unexpired authorization of coverage under the general permit shall be responsible for complying with
the final renewed, reissued or amended general permit. Such persons shall be covered by the general
permit even if the permittee has not submitted a separate NOI to be covered by such final renewed, reissued
or amended general permit.
b. This permit may be modified, suspended, revoked, reissued, or terminated during its term for any of the
causes specified in 25 Pa. Code Chapter 102, or to require compliance with updated water quality standards
or impaired water listings.
c.
The filing of a request by the permittee or co-permittee for a permit or coverage modification, revocation,
reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not
eliminate any existing permit conditions.
d. Permit modification or revocation will be conducted according to 25 Pa. Code Chapter 102.
5.
AUTHORITY AND RESPONSIBILITIES OF THE DEPARTMENT OR CONSERVATION DISTRICTS
a. The Department or Conservation District may notify the permittee at any time that the permit terms and
conditions are not being met. Upon plan review or site inspection, the Department or Conservation District
may require E&S Plan revisions or other appropriate action to ensure compliance with the conditions of this
permit.
b. The Department or Conservation District has the right to enter onto the site to conduct inspections, conduct
monitoring or require monitoring where necessary in appropriate circumstances such as where a danger of
water pollution or degradation is present, or water pollution or degradation is suspected to be occurring from
a construction activity subject to this permit. The permittee and co-permittee shall commence such
monitoring upon notification from the Department or Conservation District. Samples and measurements
taken as required herein shall be representative of the volume and nature of the monitored discharge.
c.
The Department or Conservation District may request copies of records required to be kept by this permit.
d. The Department reserves the rights to modify, suspend, revoke or terminate previous coverage under this
permit if the permittee(s) shows a lack of ability or intent to comply with the provisions of the permit, or has
exhibited a history of non-compliance with the permit conditions.
e. The Department will review NOIs, including erosion and sediment control plans and post-construction
stormwater management/site restoration plans, to ensure that applicants have submitted complete and
acceptable applications.
6.
NOTICE OF INTENT (NOI) SUBMITTAL
a.
Persons proposing to conduct oil and gas activities that disturb equal to or greater than 5 acres, or an earth
disturbance on any portion, part, or during any stage of, a larger common plan of development or sale that
involves equal to or greater than 5 acres of earth disturbance, who wish to be covered by this general
permit, must submit an administratively complete and acceptable Notice of Intent (NOI) to the Department
or Conservation District.
b.
The NOI for coverage under this this permit must include E&S and PCSM Plans developed in accordance
with the requirements of 25 Pa. Code Chapter 102.
c.
The Department offers an optional expedited permit process to person seeking an ESCGP-2. NOIs for
coverage under ESCGP-2 submitted through the expedited permit process which qualify for permit
coverage will be provided with an acknowledgement of coverage under the ESCGP-2 within 14 business
days from the submission of a complete and accurate NOI. With respect to review of NOIs for ESCGP-2
for oil and gas activities that are not under the expedited process, the Department will establish as its
objective to complete its review of complete submissions within 60 calendar days. A person proposing oil
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and gas activities under ESCGP-2 must obtain written authorization from the Department prior to
commencing the earth disturbance activity.
d.
The Department offers an optional phased permit process to persons seeking coverage under ESCGP-2.
Before initiating any earth disturbance activities on each subsequent phase, the permitee must submit to
the Department the information listed on “NOI Administrative Completeness Checklist Erosion and
Sediment Control General Permit for Earth Disturbance Associated with Oil and Gas Exploration,
Production, Processing, or Treatment Operations or Transmission Facilities,” Document Number 5500-PMOG005, for that phase, for review and authorization. The Department will publish a notice in the
Pennsylvania Bulletin for each subsequent phase.
e.
Major modifications to the authorized E&S Plan involving new or additional earth disturbance activity and/or
the addition of a point source discharge will require prior authorization by the Department or Conservation
District and may require the submittal of a new NOI. All minor modifications to the E&S Plan and PCSM
Plan shall be noted on the plan that is available at the site and initialed by the Department or Conservation
District staff. Minor changes to the E&S Plan or the PCSM Plan may include adjustments to BMPs and
locations within the permitted boundary to improve environmental performance within the scope of the
authorized E&S Plan, change in ownership or address, typographical errors and field adjustments on-site
such as the addition or deletion of BMPs to address unforeseen circumstances.
f.
Operators conducting oil and gas activities must implement and maintain E&S BMPs and PCSM BMPs and
other pollution prevention measures required by this permit to minimize accelerated erosion and
sedimentation before, during, and after construction activities.
g.
The NOI must be filed in accordance with the detailed instructions specified in the NOI package.
h.
NOIs shall include proof of consultation with the Pennsylvania Natural Heritage (PNHP) regarding the
presence of a State or Federal threatened or endangered species on the project site. If the Department or
Conservation District determines, based on PNHP data or other sources, that the proposed earth
disturbance activity may adversely impact the species or critical habitat, it must be resolved with the
appropriate agency prior to submitting the NOI. Information on PNHP searches is available through the PA
Department of Conservation and Natural Resources, Bureau of Forestry, Ecological Services Section, P.O.
Box 8552, Harrisburg, PA 17105-8852, telephone (717) 787-3444 and at www.naturalheritage.state.pa.us.
i.
If hydric soils including soil map units with hydric inclusions of hydric components or other wetland features
are present, a wetland determination must be conducted in accordance with Department procedures. A
copy of the wetland determination should be provided to the Department or Conservation District as part of
the NOI/application. All wetlands identified must be included on the E&S Plan and PCSM\Site Restoration
Plan. Special precautions must be taken to protect wetlands and other water resources identified in the
NOI, plans, and other supporting documents.
j.
Persons requesting a renewal of coverage under this general permit must submit to the Department or
Conservation District an administratively complete and acceptable NOI, at least 60 days prior to the
expiration date of the coverage, unless permission has been granted by the Department or Conservation
District for submission at a later date. In the event that a timely, administratively complete, and acceptable
application for renewal of coverage has been submitted and the Department or Conservation District is
unable, through no fault of the permittee, to reissue the authorization for coverage before the expiration date
of the authorized coverage, the terms and conditions of the authorized coverage will be automatically
continued and will remain fully effective and enforceable pending the issuance or denial of the renewal of
coverage, provided the permittee is, and has been, operating in compliance with the terms and conditions of
the permit. The permittee shall be responsible for complying with the final renewed, reissued or amended
General Permit.
k.
No condition of this permit shall release any person from any responsibility or requirements under other
Federal or Pennsylvania environmental statutes or regulations or applicable local ordinances.
l.
Authorization of coverage under this permit does not authorize well site preparation or well drilling within 100
feet measured horizontally from any stream, spring or body of water as identified on the most current 7 ½
minute topographic quadrangle map of the United States Geologic Survey or within 100 feet of any wetlands
greater than one acre in size. Persons proposing to prepare a well site or drill a well that meets the criteria
listed above must request a waiver to the Department in accordance with Section 601.206 of the Oil and
Gas Act.
Page 7 of 15
m. The authorization of coverage is granted based, in part, on information provided by the applicant in the NOI.
The information provided by the applicant, including all appendices, attachments, plans and supporting
documentation, are incorporated by reference as a part of the authorization and are enforceable as a
condition of the authorization. If there is any conflict between the permit and the NOI, including any
appendices, attachments, plans and other supporting documentation, the more environmentally protective
provision applies.
n.
The expedited permit process will not be available to person seeking an ESCGP-2 for the following
activities:
(1)
Projects located in or with the potential to discharge to waters that have a designated or existing use
of High Quality or Exceptional Value pursuant at Chapter 93 (relating to water quality standards).
(2)
Projects in which the Well Pad will be constructed in or on a floodplain.
(3)
Earth disturbance activities on lands that are known to be currently contaminated by the release of
regulated substances as defined in Section 103 of The Pennsylvania Land Recycling and
Remediation Standards Act (Act 2) (35 P.S. § 6026.103).
o. NOIs for coverage under an this permit which are submitted through the expedited permit process shall be
prepared and certified by a licensed professional who has attended up-to-date training provided by the
Department’s Office of Oil and Gas Management on erosion and sediment control and post construction
stormwater management for oil and gas activities. All accompanying erosion and sediment control plans and
post-construction stormwater management/site restoration plans shall be sealed by the licensed
professional that prepared or supervised the preparation of the application and plans. For such projects, the
seal must be placed on each plan drawing and on the cover of the narrative.
p. NOIs for coverage under this permit for projects described in (n) above, shall be prepared and certified by a
licensed professional and all accompanying erosion and sediment control plans and post-construction
stormwater management/site restoration plans must be sealed by the licensed professional that prepared or
supervised the preparation of the application and plans. For such projects, the seal must be placed on each
plan drawing and on the cover of the narrative.
7.
EFFLUENT LIMITATIONS
a. This permit establishes narrative performance based effluent limitations in the form of BMPs identified in
E&S Plans, PCSM Plans, and PPC Plans which control the volume, rate and quality of stormwater runoff
and associated pollutants from being discharged into surface waters and which replicate preconstruction
infiltration and runoff conditions to the maximum extent practicable.
b. Activities covered under this permit must comply with applicable effluent limitations established in 25 Pa.
Code Chapters 92a, 93, 96, 102, and 105 and any applicable federal law or regulation.
8.
MONITORING, INSPECTION, AND REPORTING REQUIREMENTS
a. The permittee and co-permittee(s) must ensure that visual site inspections are conducted weekly, and after
each measurable stormwater event throughout the duration of construction and until the receipt and
acknowledgement of the NOT by the Department or Conservation District. Inspections should occur within
24 hours of measurable stormwater events. The visual site inspections and reports shall be completed by
qualified personnel, trained and experienced in erosion and sediment control, to ascertain that E&S BMPs
are properly constructed and maintained to effectively minimize pollution to the waters of this
Commonwealth. If the earth disturbance activities authorized by this permit at any time are found to create
conditions that cause or threaten to cause pollution to waters of the Commonwealth, the permittee(s) shall
immediately implement remedial measures to correct the conditions.
b. The permittee and co-permittee(s) shall prepare a long-term operation and maintenance schedule which
provides for inspection of PCSM BMPs, including repair, replacement, or other routine maintenance of the
PSCM BMPs to ensure proper function and operation. The program must provide for completion of a written
report documenting each inspection and all BMP repair and maintenance activities and how access to the
PCSM BMPs will be provided.
Page 8 of 15
c. A licensed professional or a designee shall be present onsite and responsible for the inspection of critical
stages of implementation of the authorized PCSM plan. The critical stages may include the installation of
underground treatment BMPs, structurally engineered BMPs, or other BMPs as deemed appropriate by the
Department or the Conservation District.
d. The Department or Conservation District may require additional monitoring where an increased risk of
potential water pollution is present, or water pollution is suspected of occurring from an earth disturbance
activity subject to this permit. The permittee(s) shall commence such monitoring upon notification from the
Department or the Conservation District.
e. Where E&S, PCSM or PPC BMPs are found to be inoperative or ineffective during an inspection, the
permittee and co-permittee(s) shall contact the Department or Conservation District by phone or in person
within 24 hours, followed by the submission to the Department for approval of a written report within 5 days
of the initial contact. These noncompliance reports shall include the following information
(1)
Any condition on the project site which may endanger public health, safety, or the environment, or
involve incidents which cause or threaten pollution;
(2)
The period of noncompliance, including exact dates and times and/or anticipated time when the activity
will return to compliance;
(3)
Steps being taken to reduce, eliminate, and prevent recurrence of the non-compliance;
(4)
Purposed measures to correct the noncompliant conditions; and
(5) The date or schedule of dates to implement those purposed measures.
Additionally, when BMPs are found to be inoperative or ineffective, the licensed professional shall be
consulted to ensure BMP adequacy, as designed.
9.
RECORD KEEPING
a. The permittee and co-permittee(s) shall retain records of all monitoring information including copies of all
monitoring and inspection reports required by this permit, all monitoring information (including site log book
and maintenance records) and records of data used to complete the Notice of Intent for this permit, for a
period of three years from the date of the termination of coverage under this permit. This period of retention
must be extended during the course of any unresolved compliance, enforcement or litigation regarding
discharges exceeding effluent limitations by the permittee or when requested by the Department or
Conservation District.
b. Visual inspection monitoring results shall be submitted to the Department or Conservation District upon
request.
10. DISCHARGES CONSISTENT WITH TERMS AND CONDITIONS OF THE PERMIT
a. The permittee(s) must comply with all terms and conditions of this permit. Any permit non-compliance
constitutes a violation of The Clean Streams Law, Oil and Gas Act, 25 Pa Code Chapters 78, 93 and 102,
and is grounds for enforcement action or permit suspension; revocation, modification and reissuance, or
denial of a permit. The permittee(s) may be subject to criminal and/or civil penalties for violations of the
terms and conditions of this permit under Sections 602 and 605 of The Clean Streams Law, 35 P.S. §§
691.602 and 691.605 and §§ 503, 505, 506 and 507 of the Oil and Gas Act, P.S. §§ 601.503, 601.505,
601.506 and 601.507.
11. DUTY TO PROVIDE INFORMATION
a. The permittee or co-permittee(s) shall furnish to the Department or Conservation District any information
that the Department or Conservation District may request to determine whether cause exists for modifying,
revoking, reissuing, or terminating this permit or coverage authorized under this permit or to determine
compliance with this permit.
b. The permittee or co-permittee shall furnish, upon request, to the Department or Conservation District copies
of records required to be kept by this permit.
Page 9 of 15
c.
When the permittee or co-permittee becomes aware that they failed to submit any relevant facts or
submitted incorrect information in the NOI, E&S Plan, PCSM/Site Restoration Plan, or PPC Plan or in any
other report to the Department or Conservation District, the permittee or co-permittee shall within 24 hours of
becoming aware of the deficiency submit or correct such facts or information.
d. The permittee or co-permittee shall give seven (7) calendar days advance notice to the Department or
Conservation District by either telephone or certified mail of the intent to commence earth disturbance
activities. Notification may occur prior to receipt of coverage under this permit.
12. SIGNATORY REQUIREMENTS
a. Documents required, submitted, or maintained under this permit shall be submitted with original signatures
and be signed in accordance with the following:
(1)
NOIs, Transferee/Co-permittee Form, and NOTs.
(a)
Corporations: (1) a president, secretary, treasurer, or vice-president of the corporation in charge
of a principal business function, or any other person who performs similar policy or decisionmaking functions for the corporation; or (2) the manager of one or more manufacturing,
production, or operating facilities, if authority to sign documents has been assigned or delegated to
the manager in accordance with corporate procedures;
(b)
Partnerships or sole proprietorships: a general partner or the proprietor, respectively; or
(c)
Municipalities, State, Federal, or other public agencies: either a principal executive officer or
ranking elected official such as: (1) the chief executive officer or secretary of the agency, or (2) a
senior executive officer having responsibility for the overall operations of a principal geographic
unit of the agency (e.g., Regional Administrators of EPA).
(2)
All reports, plans, documents, and other information required by the permit or requested by the
Department or Conservation District shall be signed by a duly authorized representative of the
permittee.
(3)
If there is a change in the duly authorized representative of the permittee or co-permittee, respectively,
the permittee or co-permittee shall notify the Department or Conservation District within 30 days of the
change.
13. TRANSFER OF OWNERSHIP OR CONTROL
a. This permit is not transferable to any person except after notice and acknowledgment by the Department or
Conservation District.
(1)
In the event of any pending change in control or ownership of facilities from which the authorized
discharges emanate, the permittee or co-permittee shall notify the Department or Conservation District
using the form entitled "Application for Transfer of the Erosion and Sediment Control General Permit" of
such pending change at least 30 days prior to the change in ownership or control. If the permittee
undergoes a name change, the permit must be reissued under the new name. The permittee,
however, is not required to submit this form. Instead, permittee must submit a copy of its Department
of State filings to the Department.
(2)
The transfer application form shall be accompanied by a written agreement between the existing
permittee and the new owner or operator stating that the existing permittee shall be liable for violations
of the permit up to and until the date of coverage transfer and that the new owner or operator shall be
jointly and individually liable for permit violations under the permit from that date on.
(3)
After receipt of an administratively complete and acceptable transfer application form, the Department
or Conservation District shall notify the existing permittee and the new owner or operator of its decision
concerning authorization of the transfer of ownership or control.
(4)
All relevant conditions of any prior Departmental permits, decrees or orders issued to the permittee(s)
or their predecessor shall be continued in full force and effect unless explicitly superseded by this
permit. The provisions of this permit shall apply to the permittee’s successors, lessees, heirs, and
assigns. Permit ownership and/or responsibilities may be transferred or shared after written notice to,
and upon authorization from the Department or Conservation District. The notice shall be provided to
Page 10 of 15
the Department or Conservation District at least 30 days prior to the effective date of new ownership or
permit responsibility. The transfer does not need to be published in the PA Bulletin.
b. For purposes of this permit, operators shall include general contractors. If, prior to conducting oil and gas
activities, the owner is the permittee and an operator/general contractor is later identified to become a
co-permittee, the owner shall:
(1) Notify the Department or Conservation District by submitting an administratively complete and
acceptable Application for Co-Permittee Addition to the Erosion and Sediment Control General Permit
(ESCGP-2) Authorization; and
(2)
c.
Ensure that monitoring reports and any other information requested under this permit shall reflect all
changes to the permittee and the co-permittee name.
After receipt of the documentation described in (b) above, the permit will be considered modified by the
Department or Conservation District. For the purposes of this permit, this modification is considered to be a
minor permit modification.
d. Upon authorization of a change in ownership or control, the existing permittee shall provide a copy of the
permit and authorized plans to the new owner and/or co-permittee.
14. OPERATING CONDITIONS
a. Solids, sediments, and other pollutants removed in the course of treatment or control of stormwater shall be
disposed in accordance with Federal and State law and regulations in order to prevent any pollutant in such
materials from adversely affecting the environment.
b. The permittee and co-permittee(s) are responsible for the design, installation, operation and maintenance of
the BMPs identified in the E&S Plan, PCSM\Site Restoration Plan, and PPC Plan.
d. Upon reduction, loss, or failure of any BMP, the permittee and co-permittee shall take immediate action to
restore, repair or replace the BMP or provide an alternative BMP(s). These actions should be undertaken to
protect, maintain, reclaim and restore waters of the Commonwealth. This requirement is applicable in
situations where the BMP is rendered ineffective, whether the cause of source of the reduction, loss or
failure is within or beyond the control of the permittee or co-permittee.
e. All building materials and wastes must be removed from the site and recycled or disposed in accordance
with the Department’s Regulations at 25 Pa. Code Chapters 78, 260, 271, and 287. Procedures which
ensure that the proper disposal or recycling of materials associated with or from the project site will be
undertaken in an environmentally safe manner and in accordance with Federal and State law and
regulations shall be implemented. No waste or material shall be disposed, buried, dumped, or discharged at
the site unless it is in accordance with Federal and State law and regulations.
f.
The permittee(s) and co-permittee(s) shall contact the plan preparer for clarification of any requirements
contained in the Erosion and Sediment Control Plan, Post Construction Stormwater Management Plan,
Pollution Prevention and Contingency Plan, or other documents related to this permit. If additional
clarification is necessary the permittee or co-permittee shall contact the Department or Conservation District.
g. Discharges of material other than stormwater runoff must be in compliance with an NPDES permit issued for
the discharge. Discharge of sewage or industrial waste (other than sediment under this permit) to an E&S
BMP is not permitted. The permittee/co permittee may not discharge floating materials, oil grease, scum,
foam, sheen, and substances which: produce odor, taste, or turbidity or settle to form deposits in
concentrations or amounts sufficient to be, or create a danger of being, inimical to the water uses to be
protected or human, animal, plant or aquatic life.
h. Where infiltration BMPs are being utilized, the permittee and co permittee must ensure that soil compaction
is avoided or minimized in those areas. If the areas planned for infiltration BMPs are compromised,
additional soil testing must be performed to verify that the BMP will perform as planned.
i.
Upon final completion of an earth disturbance activity or any stage or phase of an activity the project site
shall be immediately stabilized in accordance with the requirements of 25 Pa. Code § 102.22(a). E&S BMPs
shall be implemented and maintained until permanent stabilization is completed. Once permanent
stabilization has been established the temporary E&S BMPs shall be removed. Any areas disturbed in the
Page 11 of 15
act of removing temporary E&S BMPs shall be permanently stabilized upon completion of the temporary
E&S BMP removal activity.
j.
Upon temporary cessation of the earth disturbance activity, or completion of any stage or phase of an activity
where the cessation of earth disturbance will exceed 4 days the project site shall be immediately stabilized in
accordance with the requirements of § 102.22(a). E&S BMPs shall be implemented and maintained until
permanent stabilization is completed. Once permanent stabilization has been established the temporary
E&S BMPs shall be removed. Any areas disturbed in the act of removing temporary E&S BMPs shall be
permanently stabilized upon completion of the temporary E&S BMP removal activity.
15. COMPLIANCE RESPONSIBILITIES
a. The permittee and co-permittee must comply with all terms and conditions of this permit. Any permit
noncompliance constitutes a violation of the Pennsylvania Clean Streams Law and is grounds for
enforcement action; for permit termination, revocation, reissuance, or modification; or for denial of a permit
or permit renewal.
b. Any person who violates a permit condition, fails to take corrective action to abate violations or falsifies
report or other documents may be subject to criminal and/or civil penalties or other appropriate action for
violations of the terms and conditions of this general permit under the Clean Streams Law, 35 P.S. §§
691.602 and 691.605.
c.
The permittee or co-permittee may not use as a defense in an enforcement action that it would have been
necessary to halt or reduce the permitted activity to maintain compliance with the conditions of this permit.
d. This permit does not convey any property rights of any sort, nor any exclusive privileges, nor does it
authorize any injury to private property nor any invasion of personal rights, nor any infringement of Federal,
State, or local laws or regulations.
e. The provisions of this permit are severable; and if any provision of this permit, or the application of any
provision of this permit to any circumstance, is held invalid, the application of such provision to other
circumstances and the remainder of this permit shall not be affected thereby.
f.
Pursuant to the Pennsylvania Clean Streams Law 35 P.S. §§ 691.5(b) and 691.305, 25 Pa. Code Chapter
92a, and § 1917-A of the Administrative Code, the permittee and co-permittee shall allow the Director of the
Department and/or an authorized representative of the Department, Conservation District or, in the case of a
facility which discharges to a municipal separate storm sewer, an authorized representative of the municipal
operator or the separate storm sewer receiving the discharge, upon the presentation of credentials and other
documents, as may be required by law, to:
(1)
Enter upon the permittee's or co-permittee's premises where a regulated facility or activity is located or
conducted or where records must be kept under the conditions of this permit;
(2)
Have access to and copy, at reasonable times, any records that must be kept under the terms and
conditions of this permit;
(3)
Inspect any facilities or equipment (including monitoring and control equipment); and
(4)
Observe or sample any discharge of stormwater.
g. Section 309(c)(4) of the Clean Water Act provides that any person who knowingly makes any false material
statement, representation, or certification in any record or other document submitted or required to be
maintained under this permit, including reports of compliance or noncompliance shall, upon conviction, be
punished by a fine of not more than $10,000 or by imprisonment for not more than 2 years or by both. In
addition, criminal sanctions are set forth for false swearing and unsworn falsification at 18 Pa. C.S. §§ 4903 4904.
16. EROSION AND SEDIMENT CONTROL PLANS
a. An E&S Plan shall be prepared by a person trained and experienced in erosion and sediment control
methods and techniques applicable to the size and scope of the project being designed. Each E&S Plan,
including any major modifications, must be submitted to the Department or Conservation District for review
and authorization. The BMPs shall be designed and implemented to minimize the potential for accelerated
erosion and sedimentation in order to protect, maintain, reclaim, and restore water quality and existing and
designated uses , in accordance with 25 Pa. Code § 102.4(b). Best Management Practices for oil and gas
Page 12 of 15
activities are listed in the Department’s Erosion and Sediment Pollution Control Manual, (No. 363-2134-008),
the Water Quality Antidegradation Guidance (No. 391-0300-002) and the Stormwater Best Management
Practices Manual (No. 363-0300-002).
These documents are available from the Department or
Conservation District or can be downloaded from the Department's Web site at www.depweb.state.pa.us.
The permittee(s) may use BMPs that are not identified in the foregoing manuals if the permittee(s)
demonstrates to the Department or Conservation District’s satisfaction that the proposed BMPs achieve
equivalent or superior environmental protection standards. E&S Plans and BMPs, and revisions thereto,
which meet the requirements of 25 Pa. Code Chapters 78, 93, 96, and 102, are conditions of this permit and
are incorporated by reference.
b. The staging of earth disturbance activities and maintenance requirements contained in the authorized
E&S Plan must be followed.
c.
Upon the installation or stabilization of all perimeter sediment control BMPs and at least 3 days prior to
proceeding with the bulk earth disturbance activities, the permittee or co-permittee shall provide notification
to the Department or conservation district.
17. PREPAREDNESS, PREVENTION AND CONTINGENCY (PPC) PLANS
Under 25 Pa. Code § 102.5(l), a person shall prepare and implement a PPC Plan when storing, using or
transporting materials including: fuels, chemicals, solvents, pesticides, fertilizers, lime, petrochemicals,
wastewater, wash water, core drilling wastewater, cement, sanitary wastes, solid wastes or hazardous materials
onto, on or from the project site during earth disturbance activities. In accordance with 25 PA Code § 78.55,
operators of oil and gas wells are required to prepare and implement a control and disposal plan. Operators may
meet this regulatory requirement by developing and implementing a site specific PPC Plan. The PPC Plan shall
be developed in accordance with Department regulations. The PPC Plan should identify areas which may
include, but are not limited to, waste management areas, raw material storage areas, fuel storage areas,
temporary and permanent spoils storage areas, maintenance areas, and any other areas that may have the
potential to cause noncompliance with the terms and conditions of this permit due to the storage, handling, or
disposal of any toxic or hazardous substances such as oil, gasoline, pesticides, herbicides, solvents, etc. BMPs
shall be developed and implemented for each identified area. The PPC Plan shall be made available upon the
Department's or Conservation Districts' request.
18. POSTCONSTRUCTION STORMWATER MANAGEMENT PLANS\SITE RESTORATION PLANS
a. A PCSM Plan shall be prepared by a person trained and experienced in PCSM design methods and
techniques applicable to the size and scope of the project being designed. The management of post
construction stormwater shall be planned and conducted in accordance with 25 Pa. Code §102.8. Various
BMPs and their design standards are listed in the Pennsylvania Stormwater Best Management Practices
Manual, (No. 363-0300-002), as amended and updated. The manual is available from the Department or
Conservation District or can be downloaded from the Department's Web site at www.depweb.state.pa.us.
Each PCSM Plan, including any major modifications, must be submitted to the Department or Conservation
District for review and authorization. The PCSM plan must employ stormwater management BMPs to
control the volume, rate, and water quality of the post construction stormwater runoff so as to protect and
maintain the chemical, physical, biological properties and existing and designated uses of the waters of this
Commonwealth.
b. PSCM Plans shall be consistent with any Department authorized Act 167 Stormwater Management Plan
which covers the area where the project is proposed.
c.
A licensed professional or a designee shall be present onsite and be responsible for oversight of critical
stages of implementation of the authorized PCSM plan. The licensed professional will be responsible to
provide a final certification, pursuant to 102.8(l) along with the required NOT and record drawings, indicating
that the project site was constructed in accordance with the authorized or modified PCSM plan.
d. The portion of a site reclamation or restoration plan that identifies PCSM BMPs to manage stormwater from
oil and gas activities permitted in accordance with Chapter 78, pipelines; or other similar utility infrastructure
may be used to satisfy the PCSM requirements if the PCSM, reclamation or restoration plan meets the
requirements of §§ 102.8(b), (c), (e), (f), (h), (i) and (l), and when applicable, (m).
19. PRECONSTRUCTION CONFERENCES
For earth disturbance activities authorized by this permit, a preconstruction meeting is required, unless the
permittee has been notified otherwise in writing by the Department or Conservation District. The permittee shall
invite the Department or Conservation District to attend the preconstruction meeting and provide at least 7 days
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notice of the preconstruction meeting to all invited attendees. Permittees, co-permittees, operators, and licensed
professionals or designees responsible for earth disturbance activity, including implementation of E&S and
PCSM plans and critical stages of implementation of the authorized PCSM plan, shall attend the preconstruction
meeting. Where notice of a preconstruction meeting has been provided to the Department and the
preconstruction meeting is held pursuant to § 102.5(e), but the Department’s representations do not attend the
scheduled pre-construction meeting, the earth disturbance activities authorized under the permit may proceed.
20. LONG-TERM OPERATION AND MAINTENANCE
a. The permittee and co-permittee shall be responsible for long-term operation and maintenance of PCSM
BMPs unless a different person is identified in the NOT and has agreed to long-term operation and
maintenance of PCSM BMPs.
b. For any property containing a PCSM BMP, the permittee or co-permittee shall record an instrument with the
recorder of deeds which will assure disclosure of the PCSM BMP and the related obligations in the ordinary
course of a title search of the subject property. The recorded instrument must identify the PCSM BMP,
provide for necessary access related to long-term operation and maintenance for PCSM BMPs and provide
notice that the responsibility for long-term operation and maintenance of the PCSM BMP is a covenant that
runs with the lands that is binding upon and enforceable by subsequent grantees, and provide proof of filing
with the NOT under §102.7(b)(5).
c.
For Commonwealth owned property, a covenant that runs with the land is not required until the transfer of
the land containing a PCSM BMP occurs. Upon transfer of the Commonwealth-owned property containing
the PCSM BMP, the deed must comply with §102.8(m)(3).
d. The person responsible for performing long-term operation and maintenance may enter into an agreement
with another person, including a Conservation District, nonprofit organization, municipality, authority, private
corporation or other person, to transfer the responsibility for PCSM BMPs or to perform long-term operation
and maintenance and provide notice thereof to the Department.
e. A permittee or co-permittee that fails to transfer long-term operation and maintenance of the PCSM BMPs or
otherwise fails to comply with this requirement shall remain jointly and severally responsible with the
landowner for long-term operation and maintenance of the PCSM BMPS located on the property.
21. VOLUNTARY RIPARIAN FOREST BUFFERS
Persons that protect, convert or establish a new riparian forest buffer that meets the requirements of 102.14(b)
may qualify for benefits under §§ 102.14(e)(1) and (2) relating to the antidegradation presumption and trading or
offsetting of credits.
22. MANDATORY RIPARIAN BUFFERS
Permittees or co-permitees must protect, convert or establish a new riparian forest buffer that meets the
requirements of 25 Pa. Code § 102.14 unless otherwise exempted or waived under §§ 102.14(a) or 102.14(d).
23. TERMINATION OF COVERAGE
a. Upon permanent stabilization of earth disturbance activity under § 102.22(a)(2) (relating to permanent
stabilization) and installation of BMPs in accordance with the authorized plan prepared and implemented in
accordance with §§ 102.4 and 102.8 (related to erosion and sediment control requirements; and PCSM
requirements), the permittee and/or co-permittee shall submit a NOT to the Department or Conservation
District. The NOT must include:
(1) The facility name, address and location,
(2) The operator name and address,
(3) The permit number,
(4) The reason for the permit termination,
(5) Identification of the persons who have agreed to and will be responsible for the long term operation and
maintenance of PCSM BMPs.
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Until the permittee or co-permittee has received written authorization of the NOT, the permittee and copermittee will remain responsible for compliance with the permit terms and conditions, including long term
operation and maintenance of all PCSM BMPs on the project site. The Department or Conservation District
will conduct a follow up inspection and approve or deny the NOT within 30 days of receipt unless field
conditions such as snow cover prevent inspection.
b. The permittee shall enclose with the NOT “Record Drawings” with a final certification statement from a
licensed professional, which reads as follows:
“I (name) do hereby certify pursuant to the penalties of 18 Pa. C.S.A. § 4904 to the best of my
knowledge, information, and belief, that the accompanying record drawings accurately reflect the as
built conditions, are true and correct, and are in conformance with Chapter 102 of the rules and
regulations of the Department of Environmental Protection and that the project site was constructed
in accordance with the authorized PCSM plan, all authorized plan changes, and accepted
construction practices.”
The permittee shall retain a copy of the record drawings as part of the authorized PCSM plan. The
permittee shall also provide a copy of the record drawings as part of the authorized PCSM plan to the
persons identified as responsible for the long term operation and maintenance of PCSM BMPs. Permittees
shall also provide copies of both the record drawings and the long term operation and maintenance plan to
the Department, Conservation District and municipality.
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