The District maintains a Level II delegation with the Dept. of Environmental Protection to handle Chapter 102 of the Pennsylvania Clean Streams Law for the county. This chapter details issues dealing with erosion and sedimentation control for earthmoving activities. The District reviews E&S Control Plans for permitted NPDES and non-permitted earthmoving sites. They also review E&S Control Plans for permitted and non-permitted logging sites.The District is responsible for inspecting earthmoving sites for adequate E&S implementation. Permitted sites are inspected on a regular basis; while non-permitted sites are inspected only on a complaint basis. The District provides information and assistance to the public upon request.

Why E&S Controls?
To alleviate the problem of controlling sediment pollution to the waterways of the Commonwealth. In PA it is required that any earthmoving activity over 5,000 square feet must have some sort of E&S Control Plan and the controls must be implemented to maintain sediment onsite. Sites smaller that 5,000 square feet are not required to have a written plan, but the erosion must still be controlled. The E&S plan must be submitted to the County Conservation District for review if required by the local municipality or if requested by the District. The E&S plan must also be available at all times at the site of the earth disturbance project. Failure to have an E&S plan on site is a violation of Chapter 102 of the PA Clean Streams Law and both landowners and their contractors may be held responsible for those violations.
Items to Include in an E&S Plan:

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

What are some E&S controls?
Controls can be anything from straw bales to geotextile matting which are used to control erosion. Other things like simply immediately seeding the area and applying a straw cover or the more complex items such as retention basins with advanced baffle systems and additional water treatment facilities. Items in between these two extremes include silt fence, rock filters, jute netting, sedimentation traps, vegetative filter strips and so on.

When is a permit required?
NPDES (National Pollutant Discharge Elimination System) permits are required for construction sites larger than five acres (more than five acres of earth disturbance). Sites larger than one acre need a permit if treated runoff flows directly into a waterway at a discrete location ("point source discharge"). The permit must be in-hand before earthwork begins. The requirements for an NPDES permit are set by Federal and State regulations.

NPDES permits are considered to be "individual" or "general." The location of the project determines which permit is appropriate. Individual NPDES permits are issued for projects located in drainage basins designated as "High Quality" or "Exceptional Value," whereas projects within other drainage basins would qualify for a general permit in most situations. Official designation of drainage basins and streams are listed in the Pennsylvania Code. Approximate state-wide maps depict "High Quality" and "Exceptional Value" watersheds.

An NPDES permit application consists of several forms, letters of notification, an erosion control plan, a post construction stormwater plan, and fees. The forms can also be obtained from the Conservation District office. The components of an NPDES permit application are stated in a checklist, one for an individual permit, and one for a general permit.

When Is An Erosion and Sedimentation Control Plan (ESCP) Required?
The law requires the implementation and maintenance of erosion and sediment controls for any earthmoving activity. Projects having less than 5,000 square feet (about 0.1 acre) of earth disturbance are only exempt from developing a written plan. They are, however, required to implement and maintain erosion and sedimentation controls.

Those projects which disturb 5,000 square feet or more of land are required to develop a written plan, then implement and maintain the erosion controls on the site. The written plan is required to be available on the site at all times. However, if the municipality requires an approval letter from the Conservation District, then you need to submit the plan to our office for review.

Those projects which disturb greater than 1.0 acre up to 5.0 acres, and have a point-source discharge to waters of the Commonwealth, require a National Pollutant Discharge Elimination System (NPDES)(as explained above) permit for Stormwater Discharges Associated with Construction Activities. As part of this permit, an approved erosion control plan is required. Therefore, you need to submit the plan to our office for review.

All projects which disturb greater than 5.0 acres, require an NPDES permit for Stormwater Discharges Associated with Construction Activities. As part of this permit, an approved erosion control plan is required. Therefore, you need to submit the plan to our office for review.

Earth disturbance activities associated with agricultural plowing or tilling, timber harvesting, and road maintenance do not require coverage under an NPDES permit. Persons conducting agricultural plowing and tilling activities are required to develop plans and implement agricultural erosion controls. The ESCP is that portion of a conservation plan identifying erosion controls to minimize accelerated erosion and sedimentation. Any farming activity that does not have a conservation plan or needs an updated plan is encouraged to contact the District.

Persons conducting timber harvesting or road maintenance activities which involve 25 acres or more of earth disturbance must apply for and obtain coverage for an Erosion and Sedimentation Control Permit.

The Juniata County Conservation District (JCCD) is a delegated authority to administer in Juniata County the Commonwealth’s Erosion and Sediment Pollution Control (ESPC) program under PA Code Title 25 Chapter 102 Rules and Regulations and the Clean Streams Law in Juniata County.

Act 217, the Conservation District law, permits Conservation Districts to charge fees for services, under certain circumstances.