Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 102 - EROSION AND SEDIMENT CONTROL › GENERAL PROVISIONS › Section 102.4 - Erosion and sediment control requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For agricultural plowing or tilling
						activities or for animal heavy use areas, the following erosion and sediment
						control requirements apply:
(1) The
						implementation and maintenance of erosion and sediment control BMPs are
						required to minimize the potential for accelerated erosion and sedimentation,
						including for those activities which disturb less than 5,000 square feet (464.5
						square meters).
(2) Written E&S
						Plans are required for the following activities that disturb 5,000 square feet
						(464.5 square meters) or more of land:
(i)
						Agricultural plowing or tilling activities.
(ii) Animal heavy use
						areas.
(3) The landowner,
						and any lessee, renter, tenant or other land occupier, conducting or planning
						to conduct agricultural plowing or tilling activities, or operating an animal
						heavy use area, are jointly and individually responsible for developing a
						written E&S Plan and implementing and maintaining BMPs, including those
						identified in the E&S Plan.
(4)
						The E&S Plan must include cost-effective and reasonable BMPs designed to
						minimize the potential for accelerated erosion and sedimentation from
						agricultural plowing or tilling activities and animal heavy use areas.
(i) For agricultural plowing or tilling
						activities, the E&S Plan must, at a minimum, limit soil loss from
						accelerated erosion to the soil loss tolerance (T) over the planned crop
						rotation.
(ii) For agricultural
						plowing and tilling activities that will occur on fields with less than 25%
						plant cover or crop residue cover and within 100 feet of a river, or perennial
						or intermittent stream, additional BMPs shall be implemented to minimize
						accelerated erosion and sedimentation.
(iii) For animal heavy use areas, the E&S
						Plan must identify BMPs to minimize accelerated erosion and sedimentation. BMPs
						and their design standards are listed in the current amended and updated
						version of the appropriate National Resources Conservation Service conservation
						practice standards such as Heavy Use Area Protection, Critical Area Planting,
						Fencing, Wastewater Treatment Strip, Constructed Wetland, Use Exclusion, Animal
						Trails and Walkways, Diversions and Roof Runoff Structure.
(5) The E&S Plan must contain plan maps
						that show the location of features including surface waters of this
						Commonwealth, and drainage patterns, field and property boundaries, buildings
						and farm structures, animal heavy use areas, roads and crossroads, and BMPs;
						soils maps; and a description of BMPs including animal heavy use area practices
						and procedures, tillage systems, schedules, and crop rotations. The plan must
						be consistent with the current conditions and activities on the agricultural
						operation.
(6) The E&S Plan
						must contain an implementation schedule. The plan shall be implemented
						according to the schedule, and the BMPs shall be operated and maintained as
						long as there are agricultural plowing or tilling activities or animal heavy
						use areas, on the agricultural operation.
(7) The portion of a conservation plan that
						identifies BMPs utilized to minimize accelerated erosion and sedimentation from
						agricultural plowing or tilling activities, or from operation of animal heavy
						use areas, may be used to satisfy the E&S Plan requirements of this
						subsection if it meets the requirements of paragraphs (4)-(6).
(8) The E&S Plan shall be available for
						review and inspection at the agricultural operation.
(9) Nothing in this section negates the
						requirements under other provisions of this chapter, such as those applicable
						to construction activities.