Erosion and Sediment Control
General Permit (ESCGP-1)
Christopher Tersine, Environmental Engineer
Division of Resource Management & Well Development
Department of Environmental Protection
Rachel Carson State Office Building
400 Market Street | Harrisburg, PA 17101
Phone: 717.772.2199 | Fax: 717.772.2291
www.depweb.state.pa.us
Erosion and Sediment Control General
Permit (ESCGP-1)
1. ESCGP-1 Background
2. ESCGP-1 Options
3. ESCGP-1 NOI and Checklist
ESCGP-1 Authority
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The Clean Streams Law (35 P. S. §§ 691.1-691.1001),
The Oil and Gas Act (58 P. S. §§ 601.101-601.605
Sections 1905-A, 1917-A and 1920-A of The
Administrative Code of 1929 (71 P. S. §§ 510-5,
510-17 and 510-20)
ESCGP-1 Background

The ESCGP-1 follows the Department’s plan for
regulating erosion and sediment control and
stormwater management at oil and gas exploration.
Continue Enforcement of Chapter 102
•Production
•Processing
Treatment operations or transmission
facilities (oil and gas activities)
ESCGP-1 Requirements
•All earth disturbance activities associated with oil and gas
development that totals earth disturbance equals or exceeds
5 acres at one time or over the life of the project
•(Greater 5000 square feet = E/S plan)
• Including substantially connected earth disturbance
(Ex. Centralized impoundment, associated access
roads, all well sites serviced by that impoundment, pipelines
and other support activities)
• Earth disturbance cannot be piecemealed
to avoid obtaining a permit
ESCGP-1 General Requirements
- Earth disturbance activities cannot begin until you receive
the permit authorization.
- Always use the most up-to-date NOI
authorization package available.
ESCGP-1 Permitting Guidelines

All projects at the very least project includes
construction of the well site and access roads.

All associated utility lines or support facilities that are
substantially (functionally) connected to the well site
or access road and constructed prior to achieving
permanent restoration of the well site and access
road must be included as part of the project.
Multiple Wells Sites
ESCGP-1 Requirements

If multiple well sites are constructed with a common access road the
project includes:
-The well sites
-Access road
-Pipelines
-Any associated utility lines
-Support facilities for each of the well sites that are
substantially connected to any of the well sites or access
roads and are constructed prior to achieving permanent
restoration and permanent stabilization of the well site
ESCGP-1
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Two Options:
• Standard ESCGP-1
• Expedited ESCGP-1
Administrative Review (Checklist)
Expedited ESCGP-1
Submit an ESCGP -1 Notice of Intent (NOI) at least 14 business days prior
to any earth disturbance
A sealed by a Licensed Professional (Engineer, Geologist,,
Surveyor)
Approval notice –written authorization within 14
business days (Fax, Email, followed up with hard
copy. (Dept.)
Expedited Approach is not mandatory
Earth disturbance activities cannot begin until you receive
the permit authorization
PA Bulletin Final Action Notice (Dept.)
Standard ESCGP-1 NOI Application
-Submit a standard ESCGP-1 NOI application at
least 60 days prior to earth disturbance
- NOI Review & Approval issued
- PA Bulletin Final Action Notice
Where do you apply for an
ESCGP-1?
Applications:

Requests for coverage should be submitted to the regional
DEP Oil and Gas Program Office.

DEP regional O&G program offices will process all Oil & Gas
related erosion, sediment and stormwater permit applications
except those related to transmission lines and facilities
(inter and intra state pipelines).
ESCGP-1’s for Transmission Lines
and Associated Facilities
•Delegated Conservation Districts will process these permits
(Chapter 102 permit review responsibilities)
• Non- Delegated Counties – DEP Regional Office
Watershed Management Program
• There is no Expedited process for these permits
Definition of Transmission Line:
Transmission Line Definition:
Transmission lines (inter and intra state) include
compressor stations, gas processing facilities and all other pipelines and
facilities downstream of the production and gathering line system
Delegated Responsibilities

Delegated conservation districts will be responsible
for inspection and complaint response for all
transmission facility earth disturbances. For nondelegated counties the appropriate regional DEP
Watershed Management program shall have
program responsibility
Non-Delegated Counties
Oil and Gas Exploration, Production, Processing
and Treatment Projects
Bureau of Oil & Gas Management
Regional Office (SWRO, NWRO or NCRO)
Transmission Line Projects
Appropriate Bureau of Watershed
Management DEP Regional Office
The ESCGP-1 Notice of Intent (NOI)
Application
Get it right the first time if
you don’t waste time and
risk the chance of have in
it returned and lose your
$$$$$!
The Total Project Area
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 to the nearest
tenth of an acre. (this could be the leased area)
Disturbed Area
- 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.
- Enter the size of the area in acres to the
nearest tenth of an acre.
Provide the name by which this proposed earth disturbance activity or project is, or will be, known.
Check all boxes that best describe the general type of activity. In the description,
provide details such as number of wells to be drilled. Does the include everything?
How about compressor stations, pipelines, borrow pits etc.?
Provide the latitude and longitude coordinates for the
approximate center of the project area or facility
Locate the project area on an 8 ½" x 11" photocopy of the U.S.G.S. topo map area.
If the project is to be phased, provide an estimate of the timetable for the major phases. For each major
phase, 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.
7.
List the existing and previous land use.
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.
Phased ESCGP-1 Permits

Applicants continue to have the option to utilize a “phased
permit” approach.

Use the DEP Policy on Phased NPDES Stormwater
Discharges Associated with Construction Activity Permits,
Chapter 102 Erosion and Sediment Control Permits and
Chapter 105 Waterway Restoration Permits, DEP No.
363-2134-013. This policy is available on e-Library.
Phased Projects

Operator may wish to develop the project over time or in
phases. If an operator plans to develop the entire or part of
the lease or mineral estate over time, but the well spacing or
location cannot be determined until some wells are drilled,
an ESCGP-1 may be obtained for the entire area with
approval of the first increment or phase.

Part of policy of the Department to ensure projects requiring
DEP permits are reviewed as complete projects and meet
all public health, safety and environmental requirements.
Including any part or a phased project.
Phased Projects
For coverage by ESCGP-1 for phased projects an applicant must submit
the following:
For the entire project area
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A completed notice of intent (NOI) for ESCGP-1
An application must be accompanies by a check with the appropriate permit
application fee. The application should be calculated based on the total
disturbed acreage of the entire project.
Municipal notifications to all county(ies) and municipality(ies) and proof of
receipt.
Complete PNDI form and search receipt(s) for all phases of the project site.
An erosion and sediment control plan (E & S Plan) and Site Restoration Plan
containing the following information:
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The existing topographic features for the project site and immediate surrounding area.
The types, depth, slope, locations and limitations of the soils.
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.
Phased Projects

For coverage by ESCGP-1 for phased projects an applicant
must submit the following:
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The location of all surface waters, which may receive runoff within or
from the project site and their classification pursuant to Chapter 93.
Procedures to ensure the proper handling, storage, control, disposal
and recycling of wastes or other materials that have potential to cause
pollution.
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.
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Sensitive areas or areas of environmental concern include but are not limited
to: wetlands,
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special protection waters,
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historic or cultural resource areas and areas where threatened
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endangered special or critical habitat may be present
Phased Projects
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For the initial phase (and each subsequent phase) of the project:
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A detailed description identifying the specific BMPs that will be used, plan
details, drawings, specifications and a sequence of BMP installation
The amount of projected runoff and supporting calculations for each BMP.
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.
Maintenance program including the inspection of BMPs on a weekly basis and
after each measurable rainfall event and the type of maintenance required for
each BMP to ensure effectiveness.
A site restoration plan that meets the following requirements of 25 Pa Code
§102.8, subsections (b), (c), (e), (f), (h), (i), (l) and when applicable (m)
Phased Projects and Conceptual Future Activities can not be used to
circumvent the five acre threshold of earth disturbance.
Next
stream
downstream
There
maynamed
be more
than one
Enter the Name of the Corporation, Partnership, Agency or
Individual and all other required information.
Permittees and Co-permittees

All operators that are not permittees must be included as
co-permittees on the ESCGP-1 authorization.
Operators include:


Any entity that has oversight responsibility of earth disturbance
activity on a project site or a portion of the project site that has
the ability to make modifications to the E&S plan restoration
plan or site specifications
Or day-to-day operational control over earth disturbance activity
on a project site or a portion of the project site to ensure
compliance with the E&S plan or restoration plan
Required for additional individuals, partners or operators to
be co-permittee. Enter the Name of the Corporation,
Partnership, Agency or Individual.
Provide the name of the site at the specific physical location. Do not use abbreviations, acrony
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.
When providing written directions, do not use PO Box address data. Include
landmarks and approximate distances from the nearest highway.
Indicate the county(ies) and municipality(ies) in which the site is located.
The attached PCSM Plan must be a separate, distinct and
complete plan.
There could be cases where none of these are checked then E-3
must be filled out
Attach three (3) copies of the PCSM Plan that includes a written
narrative, identification and location of BMPs, plan drawings of
BMPs, operation and maintenance procedures and supporting
calculations and measurements
Supporting calculations and measurements are not required
if ALL the earth disturbance area within the project boundary
is permanently revegetated or otherwise stabilized with
pervious materials, the approximate original contours are
maintained
Post Construction Stormwater BMPs are used that use natural
measures to eliminate pollution, do not require extensive
construction efforts, promote pollutant reduction, and are capable
of controlling the net increase in the volume and rate of
stormwater runoff from a 2-year/24 hour storm event and
infiltrates the net increase of the post construction runoff
If the proposed post construction stormwater BMPs will not
infiltrate all the net increase in stormwater runoff volume,
please explain how you plan to manage the increased
stormwater runoff volume
Please check the appropriate box and list the
existing BMPs that will be used or expanded.
The amount of impervious area on the project site as
determined by the dominant land condition or land use for
the five (5) years preceding the planned project.
The amount of impervious area on the project site after the
completion of the project. Remember dirt and gravel roads
can be impervious
Subtract pre from post
The amount of stormwater that would runoff the project site during the
design storm event as determined by the dominant land condition
The amount of stormwater that would runoff from the
project site after construction if the planned stormwater
BMPs were not installed.
Subtract pre from post
The amount of stormwater that will run off from the project
site after the planned stormwater BMPs are installed.
Subtract post-construction volume with BMPs from preconstruction volume
Show the stormwater runoff discharge rate for the design
frequency storm event as determined by the dominant land
condition
Show the stormwater runoff discharge rate for the storm
event after the planned stormwater BMPs are installed.
Subtract pre from post
Please check all the boxes th
apply to the plan. If there is n
check box for a planned BMP
check the box for “other” and
the BMP.
Provide the information requested in accordance with
25 Pa Code Chapter 93.4(a), Chapter 102.4(b)(6), the
Oil and Gas Operator’s Manual and the Oil and Gas
Stormwater Policy 550-2100-008 if the earth
disturbance activity is in a Special Protection
Watershed.
Provide the information requested. Use additional
pages if necessary.
The person responsible for preparing the Erosion and
Sediment Control Plan and Post Construction Stormwater
Management Plan must complete this section.
Notice of Intent (NOI) ESCGP-1 Checklist
NOTICE OF INTENT (NOI) ADMINISTRATIVE COMPLETENESS
CHECKLIST
EROSION AND SEDIMENT CONTROL GENERAL PERMIT FOR
EARTH DISTURBANCE ASSOCIATED (ESCGP-1) WITH OIL AND
GAS EXPLORATION, PRODUCTION, PROCESSING, OR
TREATMENT OPERATIONS OR TRANSMISSION FACILITIES
ESCGP-1 Checklist
Is it in the
narrative
or on the
drawings a
D or N
should be
used
What
specific
page is the
item
located
Licensed professional seal goes on the plan
Notice of TerminationCompleted Project
Must do all:
• When all stormwater discharges associated with
the earth disturbance activity authorized by this
permit are eliminated,
• The disturbed area has been permanently
stabilized (70% or more)
• BMPs identified in the Site Restoration Plan
have been installed.
Notice of Termination
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The facility name, address and location
The operator name and address
The permit number
The reason for permit termination
Identification of the person who have agreed to and will be responsible for
long-term operations and maintenance of the post construction stormwater
management
Until the permittee has received written approval of a notice of
termination, the permittee remains responsible for compliance with the
terms and conditions of the permit including post construction stormwater
management requirements. A final inspection will be conducted and the
notice of termination will be approved or denied within 30 days.
Applications for Coverage
Summary

Requests for coverage under either Option are
submitted to the regional DEP Oil and Gas
Program Office.

DEP regional O&G program offices will process all
Oil & Gas related erosion, sediment and
stormwater permit applications except those
related to transmission lines and facilities (inter
and intra state pipelines).
DEP Permit Authorization Process
Summary

After application for any option is submitted to the region, the follow
process will apply:
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
ESCGP-1 Standard review - reviewed for administrative and technical
completeness.
ESCGP-1 Expedited review – reviewed for administrative completeness.
All ESCGP-1 may be transferred to new operator or authorized agent with
completed form to appropriate DEP office.
Upon authorization under any of these approaches, DEP will provide a
public notice in the Pennsylvania Bulletin confirming the applicant’s
authorization of coverage.
Final Thought
A plan is only as good as those who see it
through
Preventing an environmental problem is easier
and less expensive than correcting an
environmental problem after it has occurred
Thank you!
Christopher Tersine, Environmental Engineer
Division of Resource Management & Well Development
Department of Environmental Protection
Rachel Carson State Office Building
400 Market Street | Harrisburg, PA 17101
Phone: 717.772.2199 | Fax: 717.772.2291
www.depweb.state.pa.us