Administrative Guidance Manual - Center for Dirt and Gravel Road ...

Index
ADMINISTRATIVE
MANUAL
DIRT AND GRAVEL ROAD MAINTENANCE
PROGRAM
March 3, 2005
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Table of Contents
Intended Audience .............................................................................................................. 5
Introduction ......................................................................................................................... 6
I. State Conservation Commission (SCC) Role ................................................................. 9
A. Funding ..................................................................................................................... 9
1. Annual Allocation Announcement ........................................................................ 9
2. Money Transfer Agreements – Five Year Contract ............................................... 9
3. Banking Institutions ............................................................................................. 10
B. Quality Assurance / Quality Control ....................................................................... 10
1. Selection and Purpose .......................................................................................... 10
2. QA/QC Teams ..................................................................................................... 10
3. Conservation District Field Representatives - Field Reps .................................. 11
4. QA/QC Information Requirements ...................................................................... 11
5. QA/QC Program Evaluation ................................................................................ 11
6. QA/QC Personnel Interviews .............................................................................. 12
7. QA/QC Field Review Locations .......................................................................... 12
8. QA/QC Preliminary Report ................................................................................. 12
9. QA/QC Review and Comment ............................................................................ 13
10. QA/QC Final Report .......................................................................................... 13
11. QA/QC Re-Evaluations ..................................................................................... 13
12. QA/QC Process Evaluation................................................................................ 13
II. County Conservation District Funding ....................................................................... 14
A. Conservation Districts ............................................................................................. 14
B. Allocation ................................................................................................................ 14
C. Distribution of Advance Working Capital .............................................................. 15
D. Advance Working Capital and Replenishment for Conservation Districts ............ 15
E. Project Grant Agreement - Money Transfer Agreements ....................................... 15
F. Eligible Worksites – Eligible Project Locations ...................................................... 16
G. Administrative Funds .............................................................................................. 16
H. Education and Training Funds ................................................................................ 17
I. Reduced Allocation .................................................................................................. 17
J. Program Closure ....................................................................................................... 18
K. Return of Funds ....................................................................................................... 18
L. Program Re-Admittance .......................................................................................... 19
M. Records Retention .................................................................................................. 19
III. Conservation District Activities ................................................................................. 20
A. Personal Contact ..................................................................................................... 20
B. Conservation District Training ................................................................................ 20
C. Worksite Application .............................................................................................. 20
D. Geographic Information Systems (GIS) ................................................................. 20
E. Project Performance Report .................................................................................... 21
F. Annual Summary Report ......................................................................................... 21
G. Demonstration Projects ........................................................................................... 21
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H. Stream Assessment and Monitoring ....................................................................... 22
I. Stream Corridor Evaluation ...................................................................................... 22
J. Watershed Groups and Plans .................................................................................... 22
IV. Quality Assurance Board (QAB) ............................................................................... 23
A. Quality Assurance Board Role ................................................................................ 23
1. Objectives ............................................................................................................ 23
2. Quality Assurance Board Background................................................................. 23
3. Quality Assurance Board Composition ............................................................... 24
4. Quality Assurance Board Organizational Guidelines .......................................... 24
B. Quality Assurance Board (QAB) Activities ............................................................ 25
1. Incentives ............................................................................................................. 25
2. Equal Access ........................................................................................................ 25
3. Program Notification ........................................................................................... 25
4. Notification Procedures ....................................................................................... 25
5. Application Submittal Times ............................................................................... 26
6. Number of Applications ....................................................................................... 26
7. Non-pollution Standards ...................................................................................... 26
8. Statement of Performance .................................................................................... 26
9. Project Performance ............................................................................................. 27
C. Grant Application Preparation, Submittal and Review ........................................... 27
2. QAB Grant Evaluation Guide .............................................................................. 27
3. Project Evaluation Instructions ............................................................................ 28
4. Pollution Impacts ................................................................................................. 28
5. Project Selection .................................................................................................. 28
6. Permits ................................................................................................................. 28
V. Program Participants ................................................................................................... 29
A. Environmentally Sensitive Maintenance Training (ESM) ..................................... 29
B. Municipalities .......................................................................................................... 29
C. State Agencies ......................................................................................................... 29
1. Department of Conservation and Natural Resources (DCNR) ............................ 30
2. Pennsylvania Department of Transportation (Penn-DOT) .................................. 30
3. Pennsylvania Game Commission (PGC) ............................................................. 31
4. Pennsylvania Fish and Boat Commission (PFBC) .............................................. 31
VI. Grants ......................................................................................................................... 32
A. Grant Applications .................................................................................................. 32
B. Grant Application Instructions ................................................................................ 32
C. Equipment Rental – Leasing ................................................................................... 32
D. Consultant Costs ..................................................................................................... 33
E. Eligibility ................................................................................................................. 33
F. Grant Application Completion Instructions............................................................. 34
G. Training ................................................................................................................... 34
H. Non-Pollution Standard and Product Approval ...................................................... 34
1. Label Restricted Commercial Products ............................................................... 34
2. Plant and Seed Products ....................................................................................... 34
3. Commercial Products ........................................................................................... 35
4. Test Results .......................................................................................................... 35
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5. Co-products and By-products .............................................................................. 35
6. Wearing Coarse Materials .................................................................................... 36
7. Driving Surface Aggregate – DSA ...................................................................... 36
8. Non Labeled Commercial Product Testing Protocols ......................................... 37
9. Required Tests ..................................................................................................... 37
10. Additional Tests for Aqueous Products .............................................................. 38
11. Biochemical Oxygen Demand/Chemical Oxygen Demand (BOD/COD) .......... 38
I. Conservation District Testing ................................................................................... 38
J. Location Map ........................................................................................................... 39
K. Identified Worksites ................................................................................................ 39
L. Contracts .................................................................................................................. 39
M. Cost Overruns ......................................................................................................... 39
VII. Permits ...................................................................................................................... 39
A. Non-Waiver ............................................................................................................. 39
B. Federal Permits ........................................................................................................ 39
C. NPDES Regulations ................................................................................................ 40
D. State Permits ........................................................................................................... 41
1. 25 Pa Code Chapter 102 ...................................................................................... 41
2. General Permit 11 – GP-11 .................................................................................. 41
3. 25 Pa Code Chapter 105 ...................................................................................... 42
4. Pennsylvania Natural Diversity Inventory (PNDI) .............................................. 42
E. Municipal Mining .................................................................................................... 43
F. Penn-DOT ................................................................................................................ 44
G. Pennsylvania Historical and Museum Commission (PHMC)................................. 44
H. Pennsylvania One Call System ............................................................................... 44
I. Local Ordinances ...................................................................................................... 45
J. Other Considerations ................................................................................................ 45
1. Natural Disturbances ............................................................................................ 45
2. Seasonal Roads .................................................................................................... 45
3. Bridges ................................................................................................................. 45
4. Tar and Chip or Chip Seal Roads ........................................................................ 46
5. Outside the Right Of Way.................................................................................... 46
6. Combined Funds .................................................................................................. 46
7. Liquid Fuel Money .............................................................................................. 46
8. Prevailing Wage ................................................................................................... 47
9. Trails .................................................................................................................... 48
Appendices ........................................................................................................................ 50
Fact Sheets ........................................................................................................................ 50
Examples ........................................................................................................................... 51
Photographs....................................................................................................................... 52
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Intended Audience
This manual is intended to provide guidance to those participants of the Dirt and Gravel
Road Maintenance Program. It is recognized that not every question and every issue can
be addressed in a manual such as this and varying interpretations will be made from
county to county. The primary audience of this manual is County Conservation District
personnel who work with the Dirt and Gravel Road Maintenance Program. This includes
not only conservation district managers and staff but Quality Assurance Board Members
and District Directors as well. Township officials may find sections of the manual useful
when developing projects and preparing grant applications. The general public may also
find portions of the manual useful. This manual is not intended as the final word in
interpretation of statutes or regulations or as providing the definitive technical guidance
to correct a problem.
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Introduction
The objective of the Dirt and Gravel Road Maintenance Program is to achieve
environmental improvement through environmentally sound road maintenance practices.
In Pennsylvania more than 25,000 miles of unpaved roads of which about 17,500 are
owned by local municipalities provide access for the state’s agriculture, mining, forestry,
and tourism industries as well as over 3.6 million residents. According to the
Pennsylvania Department of Environmental Protection (DEP), non-point source pollution
is responsible for 88% of all impaired stream miles in Pennsylvania. Traditionally, dirt
and gravel roads have historically been large contributors of non-point source pollution,
both in terms of sediment and dust.
Signed into law in April 1997 as Section 9106 of the PA Motor Vehicle Code (§9106),
the Dirt and Gravel Road Maintenance Program is based on the principle that informed
and empowered local control is the most effective way to stop pollution from dirt and
gravel roads.
The law created a dedicated, non-lapsing fund to provide money and training to local
communities for local road maintenance. The funds are distributed by the State
Conservation Commission to 65 county conservation districts in Pennsylvania (out of 67
counties) that participate in the Dirt and Gravel Road Maintenance Program.
Initially more than 900 worksites were identified from the data collected by Trout
Unlimited volunteers. The original allocation of funds and distribution to the districts
was based on this assessment. In 2000 the conservation districts were asked to re-assess
their counties and based on that evaluation, the number of worksites for each county was
adjusted accordingly and a revised allocation formula was developed. The current
formula that is used for determining the annual allocation and is based on the sites
identified in the 2000 survey may be found in Appendix E.
During the first three years of the program, county allocations were based almost
exclusively on the number of pollution causing worksites identified within protected
watersheds. In FY 2000-01 a re-assessment of all dirt and gravel roads was conducted
and the program began to phase in statewide weighting factors for allocating funds. In
FY 2003-04 the transition was completed.
By providing financial incentives for local officials, the Dirt and Gravel Road
Maintenance Program seeks to prevent several forms of non-point source pollution
including sediment in streams, airborne pollutants and chemicals. Environmentally
sensitive maintenance practices have been developed to provide road maintenance
techniques that address the impacts of roads on streams.
A major feature of the Dirt and Gravel Road Maintenance Program is to ensure that
environmentally sound maintenance projects that are consistent with the law and
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statement of policy are determined by local priorities, implemented on local worksites
and locally monitored.
Local participation in the Dirt and Gravel Road Maintenance Program is voluntary for
both Conservation Districts and municipalities.
One large measure of success of the Dirt and Gravel Road Maintenance Program is when
municipalities begin to employ techniques encouraged by the Dirt and Gravel Road
maintenance Program on projects not funded by the Dirt and Gravel Road Maintenance
Program.
Section 9106 of the Pennsylvania Motor Vehicle Code annually provides for the
allocation of $5,000,000 from the Motor Vehicle License Fund for the Dirt and Gravel
Road Maintenance Program. Of that amount $1,000,000 is allocated directly to the
Bureau of Forestry for their use in maintaining the dirt and gravel roads under their
jurisdiction. The State Conservation Commission (SCC) is responsible for the remaining
$4,000,000 and allocating funds to the 65 County Conservation Districts who participate
in the Dirt and Gravel Road Maintenance Program. The fund is administered as a nonlapsing,
nontransferable account restricted to maintenance and improvement of dirt and
gravel roads.
Each year the SCC approves a statewide allocation to fund the Dirt and Gravel Road
Maintenance Program activities throughout the Commonwealth.
The conservation districts provide grants to local municipalities and other eligible entities
that must spend the money in accordance with the law, the statement of policy , the Five
Year Contract and the procedures described in this manual.
The SCC allocates funds to the conservation districts. The Statement of Policy details
the mechanism for disbursement of funds to the conservation districts and program
guidance. The SCC may spend a maximum of 2% of the total appropriation to administer
the program.
The function of the local conservation districts in the Dirt and Gravel Road Maintenance
Program is to:
• Administer the program in the county
• Establish fiscal controls
• Establish environmental controls
• Establish a Quality Assurance Board (QAB).
• Establish local policies
• Approve and sign the five-year agreement with the SCC
• Act on QAB recommendations
• Provide leadership and education on the importance of environmental
considerations and environmentally sound practices to applicants,
• Create public interest in environmentally sound road maintenance and educate
municipalities.
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Local municipal governments own and control about 17,500 miles of dirt and gravel
roads. Townships of the Second Class are the largest owners of dirt and gravel roads
with about 16,200 miles. The Pennsylvania Department of Transportation (Penn-DOT)
owns about 650 miles of dirt and gravel roads. The Pennsylvania Game Commission
(PGC), the Pennsylvania Fish and Boat Commission (PFBC) and some county
governments are also owners of publicly traveled dirt and gravel roads.
The funds from this program are directed at identified worksites of publicly owned dirt
and gravel roads, which have been identified as sources of dust and sediment pollution.
Sites are not identified on privately owned roads, which may be referred to as “common
use roads”, or farm lanes, or development access roads or driveways and are not eligible
for grants.
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I. State Conservation Commission (SCC) Role
The Pennsylvania State Conservation Commission's Dirt and Gravel Road Maintenance
Program is an innovative effort to fund environmentally sound maintenance of unpaved
roadway sections that have been identified as sources of dust and sediment pollution.
Signed into law in April 1997 as Section 9106 of the PA Vehicle Code (§9106), the
program is based on the principle that informed and empowered local control is the most
effective way to stop pollution.
The law created a dedicated, non-lapsing fund to provide money and training to local
communities for local road maintenance, specifically to halt and prevent pollution of
water and air. The funds are distributed by the State Conservation Commission to 65
county conservation districts in Pennsylvania that participate in the Dirt and Gravel Road
Maintenance Program.
The state-level staff consists of a program coordinator who provides oversight to the
program.
The SCC approves all policies affecting the conservation districts regarding the Dirt and
Gravel Road Maintenance Program.
A. Funding
1. Annual Allocation Announcement
The SCC annually publishes the allocation of funds to the individual counties in the
Pennsylvania Bulletin.
The DEP is the unit of state government that handles administrative matters of the SCC
for the Dirt and Gravel Road Maintenance Program. The SCC in cooperation with DEP’s
comptroller determines the financial procedures to be followed.
2. Money Transfer Agreements – Five Year Contract
There are two types of money transfer agreements involved in the program. There is a
Five Year Contract between the SCC and the Conservation District (Appendix A). The
five-year agreement allows the SCC to transfer funds to Conservation Districts without
initiating annual contracts or contract amendments. A conservation district has two
years to spend or commit funds for dirt and gravel road maintenance projects. Failure to
spend or encumber the money will prevent any further allocation of Dirt and Gravel Road
Maintenance Program funds to the conservation district.
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3. Banking Institutions
The Statement of Policy (83.607(k)) requires the District to place funds received from the
SCC in an interest bearing Federally insured account. The SCC may also approve other
lending, borrowing and savings institutions for Conservation Districts to utilize for the
Dirt and Gravel Road Maintenance Program funds only by amendment to the Statement
of Policy
B. Quality Assurance / Quality Control
1. Selection and Purpose
The Commission will periodically review districts’ Dirt and Gravel Road Maintenance
Programs to ensure that they are in compliance with the enabling legislation, regulations
and policies. The purpose of the evaluation is to assess the district’s administration and
implementation of the Dirt and Gravel Road Maintenance Program, discuss opportunities
to improve the district’s program, receive district suggestions about the program at the
state level and discuss the district input and feedback to the QA/QC assessment process.
The Quality Assurance/Quality Control evaluation is intended to be an interactive process
between the assessment team and the local Conservation District. Carried out on-site, the
QA/QC visit attempts to determine if there is there a unified, coherent vision of the
program, if the program is working, if the program is improving water quality and
preventing pollution, and if the program is changing the attitudes and behaviors that
caused sediment and/or dust pollution in the past. On an annual basis the SCC will select
conservation district programs which will be evaluated by Quality Assurance / Quality
Control (QA/QC) teams during the coming year.
2. QA/QC Teams
The QA/QC team may vary in member composition depending on the district being
evaluated. For the smallest programs, the team may consist of a minimum of four
members. Those members should be a combination of personnel from the State
Conservation Commission, the Center for Dirt and Gravel Roads Studies and DEP. The
Pennsylvania Council of Trout Unlimited has been asked to participate by including one
member in the QA/QC visits. Trout Unlimited’s presence as part of the QA/QC team is
voluntary. For larger districts with larger Dirt and Gravel Road Maintenance Programs
additional reviewers may be utilized.
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3. Conservation District Field Representatives - Field Reps
The duties of the DEP Conservation District Field Representatives (Field Reps) as they
relate to the Dirt and Gravel Road Maintenance Program are vital to maintaining the
integrity and usefulness of the program.
A significant role of the Field Rep in the Dirt and Gravel Road Maintenance Program is
found in the Quality Assurance / Quality Control visits and the subsequent follow-up that
may be required. The SCC program staff and the Center for Dirt and Gravel Roads
Studies (CDGRS) staff will provide training as necessary to the Field Reps to help them
perform these duties. The Field Reps must be aware of any recommendations or
remedial action plans of the QA/QC visits. They should note progress being made by the
conservation district to correct any deficiencies, recommend practices to correct program
deficiencies and report to the SCC any deficiencies or failures to meet recommendations
or directives of a remedial action plan.
4. QA/QC Information Requirements
The QA/QC team will require the district to provide certain information relating to the
county’s dirt and gravel road maintenance program prior to the review team’s visit. It
may include contact information for staff and QAB members and information about
projects. The information request may vary from district to district because of the
respective sizes of the individual dirt and gravel road maintenance programs.
5. QA/QC Program Evaluation
The evaluations are conducted in Program Administration, Program Functionality and
Project(s). The assessments for each are then combined for an Overall Assessment.
The evaluations are ranked from bottom to top as:
Unacceptable
Did Not Meet Expectations
Met Expectations
Exceeded Expectations
Greatly Exceeded Expectations
The outcome of the evaluation will be a written list of those things that are working well
and recommendations on areas that need improvement. The list will include suggestions
on how to accomplish the changes as either recommendations or a Remedial Action Plan.
The Remedial Action Plan is a list of what is deficient with the program and a definitive
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set of steps that must be taken to correct the deficiencies. Failure to complete the
Remedial Action Plan will result in sanctions being imposed by the SCC. The sanctions
may include but not be limited to reducing funding, stopping funding for a period of time
and removal of a conservation district from the program.
6. QA/QC Personnel Interviews
As part of the QA/QC visit, the team will interview the Conservation District manager,
the two conservation district QAB members, any other district staff that is involved in
fieldwork or administration of the program, the NRCS designee and the Pennsylvania
Fish and Boat Commission designee to the QAB. These interviews should be conducted
in person.
Members of the team will conduct either face-to-face, telephone or written interviews
with selected municipal officials in the county under QA/QC review. For counties with
smaller programs, the team should strive to interview at least two (2) officials from two
separate municipalities that have participated in the Dirt and Gravel Road Maintenance
Program. For counties with larger programs more municipal officials may be
interviewed. The review team should attempt, where possible, to interview municipal
officials who have had a Dirt and Gravel Road Maintenance Program funded project
completed in their municipality. Municipal interviews may be conducted in person at a
location that is mutually acceptable to the municipal official and the interviewer.
Interviews with the conservation district staff and the QAB will be conducted at the
conservation district office unless requested otherwise by the district.
7. QA/QC Field Review Locations
At least two completed sites will be visited by the QA/QC team as part of the formal
assessment. These field visits of project work sites will be conducted on-site and
encompass the entire worksite. Additionally QA/QC team members may arrive on site
earlier and conduct “drive through” inspections of other completed sites in other
municipalities in the county to gain a sense of how the program is working on the ground
across the county.
8. QA/QC Preliminary Report
At the conclusion of the interviews and site visits, the assessment team will prepare a
preliminary report that will describe the results of the team’s visit. The team will discuss
the preliminary report with the conservation district manager and any conservation
district staff or QAB members who may wish to be present. This will be considered a
working document or a draft document and as such should not be considered a public
document. At the discretion of the conservation district manager, the preliminary report
may be shared with those municipal officials that were interviewed for the report. The
draft evaluation will be a written list of recommendations on areas that need
improvement. The list will include suggestions on how to accomplish the changes.
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9. QA/QC Review and Comment
The conservation district manager, district staff, QAB members and municipal officials
involved in the review process will have two weeks (14 calendar days) to submit written
comments to the Program Coordinator. The comments may be either submitted
individually or as a group to the SCC Program Coordinator.
10. QA/QC Final Report
The Dirt and Gravel Road Maintenance Program Coordinator will have one week from
the closure of the comment period to collate and consider comments from both the
QAQC review team and those interviewed and prepare and distribute the final QA/QC
report to the conservation district. The final report is considered a public document and
open for review. The final report of the evaluation will be a written list of
recommendations on areas that need improvement. The list will include suggestions on
how to accomplish the changes. For those features that do not meet the expectations of
the program the report will present a remedial action plan. The Remedial Action Plan is
a definite course of action that the district must follow in order to return that feature of
the program to satisfactory standards.
11. QA/QC Re-Evaluations
A conservation district may request a re-evaluation of its dirt and gravel roads program
after a minimum of six (6) months have passed from the previous evaluation. The reevaluation
will provide a mechanism for the district to demonstrate improvement over the
previous evaluation and that suggestions and recommendations and remedial action
activities have been implemented.
The SCC may, at its discretion decide to re-evaluate a county program where there has
been an evaluation that did not meet expectations or the program was unacceptable and a
Remedial Action Plan was presented. The SCC will wait at least six (6) months after the
initial evaluation to perform any re-evaluation.
12. QA/QC Process Evaluation
The Commission from time to time may assess the evaluation procedures used in the
QAQC process. As a part of the review the Commission may request input from districts
that have been evaluated within the past and the Planning and Policy Committee.
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II. County Conservation District Funding
A. Conservation Districts
Section 9106 of the Pennsylvania Motor Vehicle Code establishes a dedicated funding
mechanism that provides appropriations to the county conservation districts. Section
9106 of the Pennsylvania Motor Vehicle Code sets forth the requirements the SCC is to
use in establishing allocations to the county conservation districts. The administrative
framework to transfer program funds from the SCC to county conservation districts
includes the Dirt and Gravel Road Maintenance Program Statement of Policy and the
Five Year Program Agreement (Appendix A). The policy statement and program
agreements establish a process to allow annual program allocations without amending the
contract. Section 9106 provides that conservation districts issue financial grants to
eligible participants for work to prevent and control pollution from dirt and gravel roads.
B. Allocation
Section 9106 of the Pennsylvania Motor Vehicle Code annually provides for the
allocation of $5,000,000 from the Motor Vehicle License Fund for the Dirt and Gravel
Road Maintenance Program. Of that amount $1,000,000 is allocated directly to the
Bureau of Forestry for their use in maintaining the dirt and gravel roads under their
jurisdiction. The State Conservation Commission (SCC) is responsible for the remaining
$4,000,000 and allocating funds to the 65 County Conservation Districts who participate
in the Dirt and Gravel Road Maintenance Program. The fund is placed in a non-lapsing,
nontransferable account restricted to maintenance and improvement of dirt and gravel
roads. A conservation district has two years to spend or commit funds for dirt and gravel
road maintenance projects. Failure to spend or encumber the money may prevent any
further allocation of Dirt and Gravel Road Maintenance Program funds to the
conservation district.
An Advance Working Capital system has been established to enable conservation
districts to receive all or a portion of their annual allocation, advance funds to successful
grant applicants and assure prompt payment to participants when work covered by grants
is properly completed.
The conservation districts provide grants to local municipalities and other eligible entities
that must spend the money in accordance with the law, the statement of policy and the
procedures described in this manual. The funds must be spent or committed to projects
by the district within two years of their allocation. Spent funds are those monies that are
paid directly to municipalities or other participating agencies. Committed funds are those
funds which have been approved to be spent by a district’s board of directors, are
encumbered to a specific project and a contract with the municipality has been drafted.
Funds which are committed but not yet spent must be maintained in an interest bearing
account. The interest generated on those funds may only be used for projects.
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C. Distribution of Advance Working Capital
Conservation districts allocated $25,000 or less will be issued their entire appropriation
when the initial annual disbursements are made. Their responsibility is to account for the
related expenditures in a timely fashion consistent with the requirements of the Statement
of Policy and the Five Year Program Agreement.
Conservation districts allocated between $25,000 and $50,000 will receive $25,000 as
Advance Working Capital and may apply for replenishment of funds, as they are
committed.
Conservation districts allocated more than $50,000 will receive one half of their allocated
funds and may apply for replenishment of funds as they are committed. A conservation
district has two years to spend or commit funds for dirt and gravel road maintenance
projects. Failure to spend or encumber the money will prevent any further allocation of
Dirt and Gravel Road Maintenance Program funds to the conservation district.
When the annual allocation is disbursed to the district it will be accompanied by a
detailed statement approved and signed by the SCC showing the total amount advanced,
the amount that may be used for administration, the amount that may be used for
education, the amount that may be used for projects and the remaining amount available
for replenishment in that year’s allocation. This form should be maintained in the
district’s files for audit and QAQC purposes.
D. Advance Working Capital and Replenishment for Conservation
Districts
Conservation districts that do not receive their full allocation of Dirt and Gravel Road
Maintenance Program funds with the initial disbursement at the beginning of the state
fiscal year must spend money they have received before requesting additional funds from
the SCC. As a district spends money it can request replenishment of up to the spent
amount. Payments to the districts will be made on an ‘‘actual cash expended’’ basis to
replenish the working capital advance.
The Conservation District staff should complete the Worksheet to Calculate
Replenishment of Advance Working Capital (Appendix B) when appropriate. The
worksheet will document the amount of funds committed by a district and serve as a
request for all or part of the balance of remaining funds. At any time a district may
request a statement from the SCC verifying any money remaining in their account.
E. Project Grant Agreement - Money Transfer Agreements
There is a type of money transfer that is a site specific Project Grant Agreement
(Appendix C) or contract between Conservation Districts and the program participants.
Conservation districts must execute an agreement with the entity responsible for the road
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maintenance project. The agreement will allow for the district to pass along the money to
applicants who have submitted project applications, which are approved by the
Conservation District. For cost overruns of 10% or less of the total project value a
Contract Amendment must be completed (Appendix I). Conservation districts may
develop individual policies for dealing with cost overruns of less than 10%. Cost
overruns of more than 10% of the total project value require a new contract.
F. Eligible Worksites – Eligible Project Locations
Only identified worksites which are publicly owned and open to motor vehicle travel at
least one day per year are eligible for funding under the Dirt and Gravel Road
Maintenance Program. Conservation districts may add or delete worksites to their
individual inventories. The QAB may establish a policy to prioritize worksites in High
Quality or Exceptional Value Watersheds or any other watershed they deem to be
significant. Roads may be paved, abandoned or otherwise eliminated and no longer
present a pollution source, would no longer be a viable worksite and could be deleted
from the inventory.
Conversely a site identified as a pollution source may be added to the district’s inventory
and included in the inventory. The inclusion should be acted on in a QAB meeting and
noted in the minutes of the meeting. Inclusion or deletion of sites will not affect the
annual allocation (unless all sites are deleted and the district no longer wishes to receive
funds).
Until a statewide re-assessment is completed the annual allocation will be based on the
2000 survey.
G. Administrative Funds
Conservation District administrative spending is restricted to a maximum of 10% of a
district’s annual allocation. Administrative expenses are outlined in the SCC Statement
of Policy 83.611.
The local conservation districts may at their discretion adopt a policy stating explicitly
what administrative funds can be used for.
Administrative funds may be spent on:
• Office expenses
• Insurance
• Vehicle expenses
• Travel
• And other expenses provided the expenses are pertinent to the Dirt and Gravel
Road Maintenance Program.
The Conservation District is responsible for keeping records of what was paid for with
administrative funds.
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The 10% of each county’s allocation for administrative funds may also be spent directly
on projects. A conservation district is not required to spend any or all of the 10% of their
allocation set aside for administration on administration.
H. Education and Training Funds
The statute allows for 15% of a Conservation District’s grant to be allocated for training
purposes. Of the 15%, two thirds or 10% of the original total allowed for education and
training is aggregated by the SCC for all districts and provided to the Center for Dirt and
Gravel Road Studies for training. The remaining 5% is disbursed directly to the
Conservation District.
Education and Training funds may be spent on
• expenses relating to or for hosting ESM training,
• attending ESM training,
• hosting or attending field days,
• attending the annual conference,
• public outreach such as visits to schools or local organizations to discuss the
program,
• audio-visual-computer materials,
• teaching equipment,
• teaching supplies,
• handouts and mailings.
The conservation district may, at their discretion adopt a policy stating specifically what
education and training funds may be used for. A conservation district is not required to
spend any or all of the 5% of their allocation set aside for education and training on
education and training and my spend the funds on projects.
I. Reduced Allocation
If a conservation district wishes to remain in the program but not receive any funding
they may opt to do that. This action is initiated at a district board meeting where a
resolution is adopted stating that:
• The conservation district wishes to remain in the program and;
• The conservation district does not wish to receive funding in the next allocation or
until further notice.
When this resolution has been adopted and duly entered into the minutes of the
conservation district board, a letter should be drafted to the SCC stating such. Following
receipt of the letter, the SCC will not allocate any funds to the district for the next
allocation. Those funds will be distributed to conservation districts that are still
maintaining an active program.
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At such time as a district wants to have its annual allocation restored the district directors
should adopt a resolution stating their intent and notify the SCC in writing. The
allocation will be made to the conservation district in the next round for an amount equal
only to their annual allocation or less if requested. There will be no back payment to
conservation districts for years in which they requested zero allocation.
J. Program Closure
A conservation district may choose to end its Dirt and Gravel Road Maintenance
Program in one of two ways. At the end of the five-year contract the conservation district
may opt not to renew the contract. This action should be formalized at a conservation
district board of directors’ meeting and noted in the minutes of the board. The SCC
should be notified in writing by the conservation district that they no longer wish to
participate in the program.
The second method for a conservation district to close its program is in accordance with
Paragraph 1K of the Five Year Agreement. The conservation district directors must pass
a resolution stating the district’s intention to withdraw from the program. The action is
noted in the district directors’ meeting minutes. The conservation district then shall
notify the SCC in writing that they intend to terminate their agreement with the Dirt and
Gravel Road Maintenance Program. In accordance with Paragraph 1K the termination
will be effective thirty (30) days from the date of the letter. By the time the thirty days
has elapsed all unspent monies must be returned to the SCC.
Pursuant to Paragraph 1J of the five-year agreement, when the Commission can
document that the terms and conditions of the agreement are not materially being met, the
Commission may, after 30 day written notice, suspend the District’s authority to proceed
with work under this agreement until corrective action has been taken to the satisfaction
of the Commission or until the agreement is terminated and all unspent funds are returned
to the Commission.
K. Return of Funds
If for any reason Dirt and Gravel Road Maintenance Program funds need to be returned
to the state make the check payable to “Commonwealth of Pennsylvania”. Mail the
check to:
Coordinator
Dirt and Gravel Road Maintenance Program
State Conservation Commission
Room 407 Agriculture Building
2301 N. Cameron Street
Harrisburg, PA 17110-9408
Please notify the Program Coordinator by telephone that a check is being mailed.
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L. Program Re-Admittance
A conservation district that has voluntarily opted to withdraw from the Dirt and Gravel
Road Maintenance Program may apply to re-enter the program. The conservation district
directors shall take action at a meeting and note it in the minutes of the meeting that the
district wishes to enter into an agreement with the SCC for the purpose of participating in
the Dirt and Gravel Road Maintenance Program. The SCC will consider the application
at their next regularly scheduled meeting and vote to approve or disapprove the proposal.
If the proposal is approved the conservation district will be eligible for funding in the
next allocation. The conservation district will not be eligible for funds that would have
been allocated to them while they were disassociated from the program.
M. Records Retention
County Conservation District records relating to the Dirt and Gravel Road Maintenance
Program must be kept for a minimum of three (3) years from the date of final payment on
a project.
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III. Conservation District Activities
A. Personal Contact
Conservation District staff and QAB members are urged to make personal contacts with
grant applicants. The QAB members should visit every site prior to selection to review
the site conditions. In many cases conservation district staff provide the technical
expertise to guide municipal road managers through the evaluation and application
process. The staff person is also a vital link between the municipality and the QAB.
B. Conservation District Training
Effective January 1, 2006 the person or persons responsible for administering the Dirt
and Gravel Road Maintenance Program in the county conservation districts and at least
one of the two members of the Quality Assurance Board who represent the conservation
district must have attended environmentally sensitive maintenance training for dirt and
gravel roads within the past five (5) calendar years.
In order to improve communication between the conservation districts and the grantees
and stay current with program policies and practices it is necessary that all conservation
district personnel administering the Dirt and Gravel Road Maintenance Program attend
ESM training at least once every five years. Conservation districts are encouraged to
have new hires who are, or will become responsible for all or parts of the Dirt and Gravel
Road Maintenance Program trained in an ESM class before taking on the responsibilities
of the program in their respective counties.
Individual conservation districts may adopt more stringent ESM training requirements.
Lack of adherence to this policy can result in sanctions being imposed by the SCC.
C. Worksite Application
Conservation District staff and QAB members are strongly encouraged to conduct on-site
analysis of potential work sites prior to a municipality submitting a grant application,
with the road supervisors and discuss factors that bear on pollution prevention. The on
site review will be useful in evaluating the applications.
D. Geographic Information Systems (GIS)
A Geographic Information System or GIS is a system of maps and databases where data
may be sorted, selected and displayed in a spatial format. The value of GIS was apparent
early on in the Dirt and Gravel Road Maintenance Program. A customized version of
ArcView 3.2 has been developed for use in tracking Dirt and Gravel Road Maintenance
Program sites and projects.
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The GIS developed for the Dirt and Gravel Road maintenance Program is used to identify
sites, assess sites, add or delete sites to the existing database and track project information
from application submittal to completion and beyond. For information on the GIS system
go to http://www.dirtandgravelroads.org/#_blank.
E. Project Performance Report
A project performance report is required to formally report the status of grant projects.
A. final inspection of the project insures that performance standards adopted by the QAB
are met and all the proposed work elements have been completed. The project
application should be referenced to verify that the proposed work elements and associated
materials have been incorporated into the project. A representative of the municipality
who is or has been involved in the project should attend the final inspection. See
Appendix D for a copy of the Project Performance Report Form.
F. Annual Summary Report
The Annual Summary Report is necessary to provide information about all projects
within a county in a single format. The information on the Annual Summary Report is
required annually by the SCC for report to the Transportation Committees in the
Pennsylvania House and Senate. Section 9106 (d)(3) requires an annual report to the
Transportation Committees in the Pennsylvania House and Senate on the effectiveness
and acceptance of the program.
In addition to complete and accurate financial records some project data is required:
Funds allocated: Amount granted for the project
Funds spent: Total of all expenditure receipts related to the project.
In-Kind Contributions: Total value of all materials, equipment and labor donated to the
project.
The entire report can be completed using the GIS system. The conservation district is
required to update all the GIS files and use the report generation capabilities in the GIS
program to prepare the report. The report may be saved to a floppy disk and mailed to
the Center for Dirt and Gravel Roads or e-mailed to the Center for Dirt and Gravel Road
Studies at Penn State.
The Annual Summary Report is due each year by January 15.
G. Demonstration Projects
Demonstration projects are used to provide education and training or demonstrate new
techniques and materials. Conservation districts can sponsor demonstration projects,
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however, state agencies and municipalities can also initiate demonstration projects,
provided that requirements associated with demonstration projects are met.
Demonstration projects may be funded with program funds, administrative funds or
education funds. A district is not required to set aside separate funds for demonstration
projects.
H. Stream Assessment and Monitoring
It is an acceptable use of administrative funds to pay for stream sampling and assessment
provided the assessment is directly related to a Dirt and Gravel Road Maintenance
Program funded pollution prevention project. It is appropriate for the QAB to use stream
monitoring data to assist in making their recommendations for projects.
I. Stream Corridor Evaluation
It is an acceptable use of administrative funds to pay for stream corridor evaluation
provided the assessment is directly related to a Dirt and Gravel Road Maintenance
Program funded pollution prevention project. Stream corridor evaluations of this type
may be paid for with administrative funds.
J. Watershed Groups and Plans
Watershed groups are often formed to work in watersheds and streams of noteworthy
quality or to restore a particular stream or watershed from some past destructive practice
such as mining, industrial havoc or encroachment issues. Often the groups will cross
municipal or county boundaries. Conservation districts should be aware of the watershed
groups in their respective counties and be willing to discuss the watershed group’s plans,
especially as the plans relate to the Dirt and Gravel Road Maintenance Program. There
can be synergistic effects when cooperating with a watershed group and the watershed
group may be able to provide additional services or matching funds.
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IV. Quality Assurance Board (QAB)
A. Quality Assurance Board Role
1. Objectives
The objectives of the Quality Assurance Board (QAB) are to provide the conservation
district directors with information to allow the directors to make informed decisions
related to the Dirt and Gravel Road Maintenance Program, to involve local individuals in
the pollution prevention efforts of the Dirt and Gravel Road Maintenance Program, to
ensure that the local decision-making process includes environmental expertise and to
ensure fairness in the review and recommendation of projects.
2. Quality Assurance Board Background
Section 9106 of the Pennsylvania Motor Vehicle Code requires a four-member Quality
Assurance Board to be established within the Conservation District, to administer the
program. The law specifies QAB representation and 25 Pa Code 83.608 specifies QAB
responsibilities. The QAB’s purpose is to assist the Conservation District with the
establishment of local controls and program requirements including but not limited to
fiscal, environmental, written priorities, training incentives and site inspection. The QAB
serves in an advisory capacity to the Conservation District. The QAB makes
recommendations to the Conservation District Board but the authority for project
approval and spending is with the Conservation District Directors.
Although Conservation District directors must approve all program decisions, the QAB
has specific roles and responsibilities. The local Conservation District may find it helpful
to consider representatives of the public as the Conservation District member.
Individuals possessing environmental awareness and familiarity with project
administration, road maintenance, or natural habitats could be valuable QAB members
especially in counties with limited staff. To ensure environmental expertise the QAB
make-up includes an aquatic habitat specialist (PFBC), an erosion and sedimentation
representative (NRCS), and an environmental resource technician (Conservation
District). To expand on that base of professional diversity, any formal or informal
arrangements suitable within the county may be used to solicit additional assistance.
Conflicts of interests must be avoided.
The QAB Chairman, will set the QAB meeting agenda and run the proceedings but will
not vote unless required to do so to break a tie. The Quality Assurance Board members,
by the nature of the local work they do in their professional fields, are aware of
ownerships, business interactions and personal inter-relations. By combining QAB
members’ knowledge of the local community, measures can be adopted that will enhance
the local program.
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3. Quality Assurance Board Composition
A four (4) member Quality Assurance Board (QAB) shall be established and maintained
by each conservation district. The QAB enables local officials to establish fiscal and
operational controls over the program at the local level. The purposes of the QAB is to
prioritize and recommend projects and advise the conservation district board on Dirt and
Gravel Road Maintenance Program issues.
The QAB is comprised of the following people: A non-voting chairman appointed by the
Conservation District directors, one voting local representative appointed by each of the
following entities: The Federal Natural Resource Conservation Service (NRCS), The
Pennsylvania Fish and Boat Commission (PFBC) and the County Conservation District.
The conservation district should select the district’s voting and non-voting members for
the QAB, verify their willingness to serve and ascertain that no conflict of interest exists
by adopting and enforcing a conflict of interest policy statement. The district should also
verify the NRCS and PFBC candidates for QAB and notify them the district directors
have made their appointments. Then the district directors should meet with the
appointees to discuss the program and their willingness and ability to serve.
If any appointee cannot meaningfully participate, or chooses not to participate, the
following steps should be taken. For district personnel, the conservation district directors
must appoint a new member. For PFBC and NRCS personnel the matter must be
discussed with the agency. The SCC and the PFBC have entered into a Memorandum of
Understanding that allows for conservation districts or the PFBC to recommend a person
who is not necessarily a PFBC employee, to be appointed to the QAB to serve the
PFBC’s interest on the QAB.
4. Quality Assurance Board Organizational Guidelines
The individual members of the QAB are expected to become familiar with the Dirt and
Gravel Road Maintenance Program and they are encouraged to attend the
Environmentally Sensitive Maintenance of Dirt and Gravel Roads training. At least one
of the two Conservation District members of the QAB must attend ESM training every
five (5) years.
As a board the QAB must establish organizational structure and procedures and define
roles for the members. The QAB must establish procedures that define participation of
each QAB member. If appropriate, they may agree to weighted roles in relations to
specific topics. To broaden citizen involvement the QAB may enlist any individual or
organization to be advisors to the QAB.
The QAB makes recommendations to the Conservation District directors to act on. All
actions that establish policy or funding decisions for the Dirt and Gravel Road
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Maintenance Program require district approval. These actions are taken at a
Conservation District directors board meeting and the results of those actions are
recorded in the minutes of the meetings.
B. Quality Assurance Board (QAB) Activities
1. Incentives
Pursuant to §9106(f) the QAB shall adopt incentives for training road managers and
equipment operators. Every applicant must have at least one person who has completed
ESM training but conservation districts may institute additional training incentives. The
cost of implementing the incentives may be paid for with Education and Training Funds.
The district is encouraged to establish a written policy to specify what incentives may be
used.
2. Equal Access
The statute requires equal access to funding for all eligible participants and requires
adoption of written criteria. The QAB should prepare and the conservation district
should adopt a written policy for equal access.
3. Program Notification
The conservation district and local QABs will be responsible for notifying all potential
applicants about the program and the availability of road maintenance funding. The QAB
should adopt a policy to assure program notification for all potential applicants and
provide for notification of the program and its available funding.
4. Notification Procedures
The QAB is encouraged to promote public awareness of the program details by
publishing announcements of Dirt and Gravel Road Maintenance Program funding
availability in newsletters, local newspapers in general circulation in the county and
county or township journals.
The QAB and the district staff may conduct informal, participant specific notification
procedures. The QAB may mail potential participants applicable information. District
staff and QAB members are cautioned that while providing information through personal
visits is encouraged that information provided must be readily available to all potential
applicants.
Conservation District staff and QAB members are urged to make personal contacts with
potential grant applicants. The QAB and district staff must understand that every
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potential project for Dirt and Gravel Road Maintenance Program funding has a unique set
of circumstances to be recognized.
The QAB is encouraged to promote public outreach that promotes awareness of the Dirt
and Gravel Road Maintenance Program.
5. Application Submittal Times
The QAB shall adopt procedures to control how and when applications will be accepted
by the conservation district. The QAB can impose submittal deadlines for administrative
orderliness.
6. Number of Applications
The QAB will determine the number of applications that may be submitted by an
applicant at any time or over a period of time. The district can adopt a policy regarding
the number of applications received from a given entity.
7. Non-pollution Standards
The QAB shall recommend and the conservation district shall adopt standards that
prohibit the use of materials or practices which are environmentally harmful or do not
meet the program’s non-pollution standard. The district may adopt the state program
standard. The conservation district shall set policies based on the recommendations of the
QAB. See examples for policy statements.
The statute and the statement of policy require conservation districts to adopt standards
that prohibit the use of environmentally harmful materials or practices. The QAB may
recommend to the district board that products approved for use by the SCC are acceptable
for use in the county program. The district directors would vote on the recommendation
and the result of the vote should be included in the minutes of the meeting. The list of
approved products will be updated as required and posted on the SCC website and the
Center for Dirt and Gravel Road Studies.
8. Statement of Performance
The SCC, the local conservation districts or QABs are not responsible for seeking out
new materials or products that are acceptable for use in the Dirt and Gravel Road
Maintenance Program. It is incumbent upon the company requesting inclusion of their
product into the Dirt and Gravel Road Maintenance Program to state clearly what their
product is intended to do and to supply sufficient data in the initial application to support
their statement or make subsequent data submissions in response to inquiries from the
reviewers of the application. The manufacturer shall provide documented evidence using
experimentally validated methods, which support the performance claims set forth in the
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application for its product. A Material Safety Data Sheet (MSDS) for each product must
accompany the application.
9. Project Performance
The QAB shall adopt site inspection requirements to verify completion of work. The site
inspection requirements must include the elements of the project that were the reasons the
project was selected and funded. Those conditions should be noted on the Project
Performance Report form (Appendix D).
C. Grant Application Preparation, Submittal and Review
1. Required Elements of the Grant Application
The law states that an applicant be required to submit a minimum amount of information
in order to apply for a grant. The following conditions are mandatory for applicants to
meet in order for their grant application to be considered. The application must be
submitted on forms designed and approved by the SCC (Appendix E). The application
must contain the name of the county and municipality, the official name and address of
the applying agency, a contact person with the agency, the affected stream and the
worksite identification number. The personnel from the applying agency who attended
ESM training must be listed. They must have completed ESM training within the past
five (5) years. The application must show that all necessary permits have been applied
for and materials to be used meet the SCC conditions for non-pollution. The application
must contain proposed start and completion dates and a proposed cost summary. The
application must be signed by a person with authority for the agency. The back of the
application must contain a project sketch.
The statute makes provision for the conservation district to make corrections and have the
applicant show concurrence by adding the signer’s initials and date to the correction. If
the conditions in section one are not met and corrective measures cannot be agreed to,
then the application should be removed from current consideration and the applicant
advised how to proceed to gain grant approval
Section 9106 (f)(4) authorizes the QAB to establish priorities. Additional evaluation
criteria may be added if needed. Additional questions should reflect priorities set by
QAB. Evaluation criteria could be scaled numerically providing a total score, which
could be used to rank projects.
2. QAB Grant Evaluation Guide
Evaluation of applications should be guided by the law, the statement of policy and the
priorities of the QAB. Possible priorities a QAB may wish to consider include limiting
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grants to certain dollar amounts, encouraging certain road maintenance practices,
consideration of in-kind services and materials, safety concerns, reasonable project costs,
percentage of road maintenance personnel that received Environmentally Sensitive
Maintenance training, first time participation, reasonable time to complete the project,
phasing of the project, willingness of the participant to work with the QAB or district and
public water supplies and reservoirs in the watershed. Other factors specific to local
concerns may also be included. QAB members are encouraged to visit each site for
which an application has been submitted.
3. Project Evaluation Instructions
The QAB should develop an evaluation sheet. The evaluation process and sheet should
be formally adopted at a meeting of the conservation district directors and the action
recorded in the official minutes of the meeting.
The QAB should complete the evaluation for each grant application received. The
district should be retain the evaluation form in the project file for a minimum of three
years.
4. Pollution Impacts
The statute requires that funds be used on identified worksites on dirt and gravel roads
that impact water or air quality. A site inspection may be required to make this
determination. A numerical scale can be used to rank impacts of the pollution from each
site.
5. Project Selection
In the initial funding allocations authorized by the Commission top priority was given to
specific trouble spot locations previously mapped by Trout Unlimited volunteers under
the direction of the Task Force on Dirt and Gravel Roads. The Conservation Districts are
no longer required to limit their funding to projects identified by the Task Force on Dirt
and Gravel Roads.
The classification of the stream(s) defined by 25 Pa Code Chapter 93 may be considered
when ranking grant applications. Exceptional value and high quality streams may be
given priority for funding. Watersheds or streams within the county could be ranked by
the local QAB and the ranking used to establish funding priorities.
6. Permits
All required permits must be applied for by the entity applying for the Dirt and Gravel
Road maintenance Program grant at the time of application. All required permits must be
obtained and in hand by the grantee prior to receiving Dirt and Gravel Road Maintenance
Program funding or commencing work.
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V. Program Participants
A. Environmentally Sensitive Maintenance Training (ESM)
Effective January 1, 2006 at least one person representing the entity that has applied for
funds from the Dirt and Gravel Road Maintenance Program must have attended
environmentally sensitive maintenance (ESM) training for dirt and gravel roads within
the past five (5) calendar years.
Routinely there is no charge to the individuals taking the training. Requiring a two-day
ESM training class once every five years is not expected to create undo hardships. In
some instances there may be cases where new employees of the municipality cannot be
trained in time for the new round of grants. Conservation districts may commit funds to
a project but they must defer payment until such time as the training requirements have
been met.
Individual conservation districts may adopt more stringent ESM training requirements.
B. Municipalities
Municipalities in Pennsylvania are the largest users of the Dirt and Gravel Road
Maintenance Program. Conservation Districts must become acquainted with the various
municipal officials and employees in their counties. Most municipalities that participate
in the Dirt and Gravel Road Maintenance Program are governed by the Township Code.
A complete copy of the Township Code may be found at
http://www.psats.org/townshipcode/#_top.
There are 67 counties in Pennsylvania and 65 participate in the Dirt and Gravel Road
Maintenance Program. Philadelphia and Delaware counties do not. There are 2,567
municipalities in Pennsylvania and 1,047 of them have identified dirt and gravel road
worksites. There are over 17,000 miles of unpaved roads in Pennsylvania that are
municipally owned and over 5,700 miles of dirt and gravel roads that are under the
jurisdiction of the Department of Conservation and Natural Resources. More than 10,
900 segments of municipal dirt and gravel roads have been identified as sources of
pollution to the waters of the Commonwealth. These segments cover approximately
3,790 miles or roughly 22% of the municipal unpaved roads.
C. State Agencies
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1. Department of Conservation and Natural Resources (DCNR)
Bureau of Forestry
There are 20 Forest Districts in Pennsylvania. Each district covers multiple counties and,
in some instances, there are multiple districts within a single county. The Bureau of
Forestry administers more than 2,500 miles of dirt and gravel roads. It is the single
largest individual owner of unpaved roads in Pennsylvania. The Bureau of Forestry has
been an active participant in the Dirt and Gravel Road Maintenance Program. Trouble
spots in state forests were categorized and included in the initial statewide inventory of
exceptional value and high quality watersheds. The Bureau of Forestry directly receives
$1,000,000 per year under the Dirt and Gravel Road Maintenance Program. The Bureau
of Forestry is also eligible to compete for Dirt and Gravel Road Maintenance funding
through Conservation District grants over-and-above the $1,000,000 that is set-aside
specifically for them. Bureau of Forestry personnel must attend the required ESM
training course as a pre-requisite for receiving funding from a conservation district. The
SCC cannot impose a training requirement on Bureau of Forestry personnel who are
completing dirt and gravel road projects utilizing a portion of that money allocated
directly to the Bureau of Forestry.
The District Forester is responsible for signing any business contracts with the
Conservation District. A local road specialist employed by the Bureau of Forestry will be
the likely work site contact.
Bureau of State Parks
Pennsylvania has one of the nation’s largest state park systems with 116 outdoor
recreation areas and over 283,000 acres of property. State Parks are a major factor in the
state’s second largest industry, tourism, and share the Dirt and Gravel Road Maintenance
Program’s values of preventing pollution and retaining an atmosphere harmonious with a
natural environment. State Parks are administered from four regions across the state;
however, a resident Park Manager supervises each park or park complex. The Bureau of
State Parks is eligible for program funding on a project-by-project basis through the
County Conservation District where the park project is located. Some state park roads
were included in the initial inventory of trouble spot locations mapped by the Task Force
on Dirt and Gravel Roads.
Any state park that applies for funding under this program will be required to have
personnel attend the ESM training.
2. Pennsylvania Department of Transportation (Penn-DOT)
Penn-DOT owns approximately 650 miles of dirt and gravel roads statewide. These
roads are widely dispersed and problem sites have been identified in twelve counties.
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Penn-DOT is eligible for supplemental funding through the local Conservation District
grant program. In order to use Dirt and Gravel Road Maintenance funds, Penn-DOT
personnel responsible for the project must attend the two-day ESM training.
3. Pennsylvania Game Commission (PGC)
The Pennsylvania Game Commission owns about 300 individual parcels of State Game
Lands that cover about 1.4 million acres. Municipalities own most of the unpaved roads
through State Game Lands. The PGC owns few roads that are eligible under the Dirt and
Gravel Road Maintenance Program. Trouble spots in state game lands were categorized
and included in the initial statewide inventory of exceptional value and high quality
watersheds. Roads that are closed to public travel 365 days a year are ineligible for
funding.
The Regional Land Manager will identify the personnel to attend ESM training in order
for the PGC to be eligible to receive funds. Signatory authority for projects resides in the
PGC Regional Offices.
4. Pennsylvania Fish and Boat Commission (PFBC)
PFBC ownership of roads is minor except for access roads and boat launch ramps.
However the PFBC is eligible for Dirt and Gravel Road Maintenance funding. The
PFBC personnel responsible for the project area in question must attend ESM training.
The Central Office of PFBC will handle all management and signatory responsibilities.
The larger effort of the PFBC is that they participate in the QABs at the county level.
PFBC personnel should be familiar with the problems associated with erosion and runoff
in their respective areas and be able to provide the insight necessary for evaluating grant
applications.
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VI. Grants
A. Grant Applications
The Grant Application is the first formal link between a municipality or other applying
entity and the conservation district. Previous to submitting a grant application a
municipality should have had preliminary contact with the conservation district to
determine if a site was eligible for Dirt and Gravel Road Maintenance Program funding
and if the proposed project was feasible. The grant application is the formal beginning of
a Dirt and Gravel Road Maintenance Program project.
Grant applicants shall use the Grant Application developed by the SCC (Appendix F).
Applications for funding are to be completed specific to one work location or one type of
work activity pursuant to §9106(g). The law states that the applications shall require
minimal handwritten information and shall not exceed one page (Appendix G).
Participants may voluntarily add pages to clarify a point or be more specific, but
additional information beyond that required in the application form is not required. The
conservation district can expedite the approval process by allowing the Quality
Assurance Board to insert additional requirements that complete and qualify the grant for
approval and which when accepted by the applicant become a binding obligation on the
applicant.
If a Forest District should require funds from the Conservation District in addition to the
Bureau of Forestry's allocation, the work on all State Forest roads within one county and
within one forest district may be authorized with a single grant prepared on a single
application.
B. Grant Application Instructions
One grant application should be received for each worksite. Applicants shall submit
applications to the Conservation District who will forward it to the local Quality
Assurance Board (QAB) for review and prioritization. The QAB will review the
applications and the district board will award funding based upon previously defined
priorities. The QAB shall keep a copy of the completed application, project sketch, and
location map on file.
C. Equipment Rental – Leasing
Working on Dirt and Gravel Road Maintenance projects often will require equipment or
tools that the municipality may not own. It is permissible to rent or lease equipment
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necessary to complete a project with Dirt and Gravel Road Maintenance funds. If the
equipment is rented or leased entirely with Dirt and Gravel Road Maintenance funds for a
specific project, the equipment should be used only on that project. If the funding is split
between funds it is imperative that the hours spent on the Dirt and Gravel Road
Maintenance project are tracked and only those hours spent on the project are paid for
with program funds. For demonstration projects, education funds as well as project funds
may be used to rent or lease equipment.
Grants to local entities from the Dirt and Gravel Road Maintenance Program should not
be used to purchase or maintain equipment.
D. Consultant Costs
The Statement of Policy, §83.611 – Eligible Expenses, lists the expenses eligible for
reimbursement under the program and also include certain engineering and technical fees
as determined by the Commission and other expenses necessary for the satisfactory
completion of a project as determined by the Commission. Some maintenance practices
will require permits. Permits may require drawings and calculations to be certified by an
engineer or other professional consultant. Only those drawings plans or calculations that
are necessary to obtain a permit from either the state or federal government and require
certification by a Registered Professional Engineer or other professional consultant are
eligible for payment with Dirt and Gravel Road Maintenance Program funds. This
payment should not exceed ten percent (10%) of the total project amount.
Dirt and Gravel Road Maintenance funds cannot be used to pay a consultant to prepare a
Dirt and Gravel Road Maintenance Program plan that does not require permits or has no
other requirement of law for a professional’s endorsement, signature or seal.
If a participating entity wishes to have a Dirt and Gravel Road Maintenance Program
application designed and certified by a registered professional engineer they may, but
they must use other funds to pay the cost of the design.
E. Eligibility
In order for a project to be eligible for Dirt and Gravel Road Maintenance Program
funding certain criteria must be met on all projects. Someone from the applying entity
must have completed ESM training. The Grant Application form must be completely
filled out and signed. The site must be an identified worksite. The materials used on the
project must be non-polluting. Local QABs and conservation districts may set additional
requirements for applicants to meet.
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F. Grant Application Completion Instructions
The grant application must be entirely completed prior to submission to the Conservation
District. Instructions for completion of the grant application form are found here.
G. Training
At least one person from the municipality or agency applying for funding must have
attended ESM training within the past five (5) years. Everyone who attends an
Environmentally Sensitive Maintenance training session will have received a certificate
and his or her name will be on file with the SCC. Conservation districts may adopt
stricter standards for ESM training.
H. Product Approval
Materials and procedures must meet the SCC’s conditions for certifying that they do not
pollute or harm the environment. This applies to the use of fill materials, wearing surface
materials, dust suppressants, road base stabilizers and any other materials used in the
project.
All products accepted for use in the Dirt and Gravel Road Maintenance Program and
purchased with Program funds must be used in accordance with their intended use as
stated on the label or the products shall comply with the environmental and performance
testing protocol approved by the SCC. The SCC shall delegate the establishment of
testing protocols to the Center for Dirt and Gravel Road Studies.
1. Label Restricted Commercial Products
Labeled products, such as herbicides do not require further testing. The label should state
the intended use of the product. These products are acceptable when used according to
the label restrictions.
2. Plant and Seed Products
Plants and seeds are covered by both state and federal Noxious Weed Laws, the Pa.
Noxious Weed Control list, the Pa. Seed Act, Pa. Title 7 Chapter 111: Seed Testing
Labeling and Standards Pa. Noxious Weed Law, the Pennsylvania Public law 228, of
1982, and the Federal Noxious Weed Act. Title 7. Agriculture, Chapter 61.
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3. Commercial Products
Commercial products purchased for the project and used only for their intended use must
be certified to not degrade the environment or create health hazards in accordance with
the standards of this program. The vendor is responsible, as a condition of sale, to have
an EPA certified laboratory test the product and interpret the test results against
Pennsylvania’s Laws. That interpretation is the basis of whether or not the product is
acceptable and under what restrictions it may be used.
4. Test Results
The information provided by the product vendor is to be compared by a certified
laboratory to allowances made in the laws. All laws and regulations must be complied
with. The most frequently applicable regulations include:
• 25 PA Code 93.6 Waste discharge to water
• 25 Code 93.7c, Table 3 Water quality criteria by substance
• 25 PA Code Chapter 16, Appendix “A” Criteria by toxic substances
• 25 PA Code 121.1-- (a)(3), (c)(1), and (c)(2) Air quality criteria
• 25 PA Code 124 Air Quality - Hazardous
• 25 PA Code 129.64 Air Quality – cut back asphalts
As information is received about products, the conservation districts will be advised by
the SCC of those products which have supplied documentation that the products are
acceptable for use in the Dirt and Gravel Road Maintenance Program.
5. Co-products and By-products
By-products
By-products are materials that were not specifically made for use on roads but are a
leftover product of another process. Some by-products have useful applications in dirt
and gravel road maintenance. These materials are usually regulated by the Solid Waste
Management Act even though they may not have waste like characteristics.
Co-products
In general, by-products cannot be used unless they are deemed as co-products or have
beneficial use permits issued. This means that they are considered to perform the same as
commercial products. If DEP designates a material as a co-product or that material has
had a general processing permit issued for it the supplier must provide performance
information about the co-product. The supplier must also provide biological test data for
the co-product.
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6. Wearing Course Materials
Wearing surface materials must have had suitable testing for durability, hardness and pH.
Wearing course materials must meet the following criteria in order to be considered an
eligible expense for the Dirt and Gravel Road Maintenance Program
• Durability LA Abrasion Less than 40% passing
• pH Soil pH pH Range 6.5 – 12.45
Materials such as fieldstones and native materials gathered in the immediate area for
headwall/ endwall construction and road sub-base do not require certified lab testing.
Caution is advised because some native rock has a potential to leach acid. Although
usually encouraged, the conservation district may deny use of collected or native material
such as plants or stones if the conservation district has information to indicate
environmental harm will result from their use.
7. Driving Surface Aggregate – DSA
It is not required that limestone be used for the driving surface aggregate, but the material
that is used as a wearing surface must meet the durability, hardness, pH and size criteria
of driving surface aggregate. The SCC will maintain a list of Driving Surface Aggregate
suppliers. Driving surface aggregate is not required for every project but it is
recommended where needed or appropriate. Additional information about DSA is found
at certification, specification and placement.
The DSA supplier must provide an aggregate certification sheet for each job to the
municipal official in charge of the project. The municipality may require additional
certifications if there is an interruption in delivery or some other change has taken place
in the aggregate supply. The sample on which the certification is based must not be older
than thirty days of the date of signature and delivery.
Driving Surface Aggregate (DSA) can be manufactured from a single parent rock type
that has a pH of between 6.0 and 12.45, an L.A. Abrasion rating of less than 40%,
contains less than 5% clay and will meet the following size criteria:
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Sieve
Size
Specification Range
% Passing
1.5” 100
0.75” 65 – 90
#4 30 – 65
#16 15 – 30
#200 10 – 20
DSA may also consist of a blend of native rock materials meeting the above size criteria
and all components having a pH of between 6.0 and 12.45, an L.A. Abrasion rating of
less than 40% and a clay content of less than 5%. All materials used to make DSA must
be free of vegetable or organic matter, glassy material, reactive chert, gypsum, iron
sulfide, or other reactive sulfide minerals, amorphous silica, hydrated iron oxide and
shale. The use of fly ash, bottom ash, metallurgical slag, foundry sand, coke breeze, red
dog, crushed concrete, coal waste, crushed glass, shredded plastic or crumb rubber may
not be used in the manufacture of DSA. Driving surface materials that contain these
materials must be tested and approved in a case-by-case basis by the SCC.
8. Non Labeled Commercial Product Testing Protocols
Testing for commercial products is divided into “solids” and “aqueous” protocols.
Solid Products refer to any three dimensional material in a solid state. Types of solid
products include natural products such as stone, and synthetic products such as geotextile
separation fabric. This excludes aqueous materials and the solids contained in emulsions.
Aqueous Products refer to any product applied as a liquid. Types of liquid products
include solutions, suspensions and emulsions
Before an aqueous product can be approved for use in the Dirt and Gravel Road
maintenance Program it must undergo toxicity testing according to EPA protocol at a
laboratory certified by the EPA. The test results are to be interpreted against
Pennsylvania’s Clean Stream Law and that interpretation is the basis of whether or not
the product is acceptable.
9. Required Tests
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Tests are required on all non-labeled commercial products. Protocols for testing of solid
and aqueous products must be standard methods. The SCC will approve testing protocols
developed by the Center for Dirt and Gravel Road Studies for non-labeled products.
The tests should determine toxicity based on identification, quantity, and behavior of
elements and compounds found.
10. Additional Tests for Aqueous Products
A certified laboratory must complete the following required tests on all aqueous products
to be used in this program. The 7-day rainbow trout survival and growth test. The
rainbow trout (Oncorhynchus mykiss) test is not routinely performed. The vendors must
verify that the lab can perform this test. Most labs test with fat head minnows
(Pimephales promelas). This is not acceptable.
The 7-day cladoceran (Ceriodaphnia dubia) survival and reproduction test. Guidelines
for the tests must use US EPA protocols.
In order for a material to be approved for use in the Dirt and Gravel Road Maintenance
Program, each test must produce two “No Observed Effect Concentrations (NOEC)”, one
for the survival and growth of rainbow trout and one for the survival and reproduction of
cladocerans.
11. Biochemical Oxygen Demand/Chemical Oxygen Demand
(BOD/COD)
The applicant requesting approval of any product proposed for use in the Dirt and Gravel
Road Maintenance Program must include Biochemical Oxygen Demand (BOD) and
Chemical Oxygen Demand (COD) values for the product. The BOD/COD values are not
intended for use in the determination of the environmental acceptability of the product,
but are reference values for use in any potential emergency responses.
I. Conservation District Testing
It is not necessary for individual county conservation districts to have the product testing
done. The SCC and the Center for Dirt and Gravel Road Studies will be responsible for
ensuring that the testing for each product or material is completed before product
approval is granted. The SCC will publish a list of all products approved for use by the
Dirt and Gravel Road Maintenance Program.
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J. Location Map
The application must show a location map and a detail plan of the proposed project. The
map can be a hand-drawn sketch but it must show all relevant features and locations.
K. Identified Worksites
The area must be identified as a worksite. Only identified worksites which are publicly
owned roads open to motor vehicle travel at least one day per year are eligible for
funding under the Dirt and Gravel Road Maintenance Program.
L. Contracts
When an application has been completed by a road owner, reviewed and prioritized by
the QAB and approved for funding by the district directors a formal contract (Appendix
C) will be signed by the conservation district and municipality. The contract is a legally
binding document between the municipality and the conservation district that describes in
detail the responsibilities of both parties. The completed grant application must be
attached to the contract and is a part of the contract.
M. Cost Overruns
For cost overruns of 10% or less of the total project value a Contract Amendment must be
completed (Appendix I). Contract amendments are required for overruns less than 10%
of the total project cost. Conservation districts may develop individual policies for
dealing with cost overruns of less than 10%. There is no additional money from the SCC
to pay for cost overruns.
VII. Permits
A. Non-Waiver
The receipt of a grant and/or the use of environmentally sensitive maintenance techniques
taught and endorsed by the SCC does not constitute a waiver from any permit
requirements of the Federal, State or local government.
B. Federal Permits
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Conservation districts and municipalities that participate in the Dirt and Gravel Road
Maintenance Program may on occasion encounter situations that require the involvement
of Federal agencies. This list of agencies may run the gamut from the U.S. Forest
Service, the U.S. Fish and Wildlife Service, The Environmental Protection Agency, the
U.S. Army Corps of Engineers, the U.S. Department of Agriculture, the Office of Surface
Mining and others. In some counties there may be involvement with two offices of the
same agency. For example counties that include parts of the Susquehanna and Ohio
River basins may be required to work with two separate offices of the Corps of
Engineers. The Conservation Districts should be aware of the federal requirements and
the offices they must work with. The conservation district staff should make contacts
with these offices prior to submitting permit applications.
C. NPDES Regulations
The National Pollutant Discharge Elimination System (NPDES) is a program established
under the Federal Clean Water Act (CWA) to control discharges from point sources. The
program was originally established to focus on discharges from pipes but since 1990 has
included requirements for storm water runoff. The specific statute is found in Section
402 of the CWA.
There are two phases to the NPDES program; Phase I and Phase II.
Phase I facilities are identified as:
• Those with an existing permit
• Industrial activity such as heavy manufacturing, construction or transportation
• Large municipalities with populations greater than 250,000
• Medium municipalities with populations greater than 100,000 and less than
250,000
• And those facilities contributing to a violation of the CWA.
Construction activities that are subject to NPDES – Phase I are those that:
• Will disturb five (5) acres or more
• Will disturb less than five (5) acres but is part of a larger plan of development that
affects at least five acres
And
• Will discharge stormwater runoff into a municipal separate storm sewer system or
waters of the United States.
In 1992 EPA issued baseline general permits for industrial dischargers and constructions
sites and allowed for states with delegated powers to develop their own general permits.
Facilities affected by Phase II storm water regulations are:
• Commercial, retail, light industrial and institutional facilities
• Construction areas of less than five (5) acres
• Municipalities of less than 100,000 people.
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Activities exempt from Phase II regulations include oil and gas exploration, drilling and
production, silviculture and agriculture. To be subject to NPDES storm water must be in
a discernable conveyance. Agricultural return flows and runoff are exempt. If in doubt
about whether or not a project needs an NPDES permit contact the Regional DEP Office
or the local Field Rep.
D. State Permits
1. 25 Pa Code Chapter 102
An erosion control plan is required on the site if more than 5000 sq. ft is disturbed.
If the project is just in the footprint of the road and if the project will disturb more than
25 acres an approved Erosion and Sediment Control permit is required.
If the project is going outside the footprint of the road and more than 1 acre is disturbed
an NPDES permit may be required. If the project is disturbing more than 1 acre with a
point source discharge an NPDES permit is required.
In all instances township official are encouraged to work with the Conservation District
Staff throughout all phases of any earth disturbance project, (pre-construction planning,
during, and post-construction). The Conservation District can advise when and what
permit is required as well as determine if a point source discharge will result due to a
project activity. If any questions remain the district can interface with DEP staff for
specific guidance.
2. General Permit 11 – GP-11
General Permit 11 (GP-11) is issued by the Department of Environmental Protection and
is for maintenance, testing, repair or replacement of water obstructions and
encroachments. The GP-11 is not a replacement for an emergency permit and should be
used for culverts bridges and other water obstructions but not dams.. The grant recipient
should contact the regional DEP office for the latest information and instructions. Other
restrictions including Bog Turtles and PNDI may have to be considered. For this permit
application there is no fee.
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3. 25 Pa Code Chapter 105
Chapter 105 deals with watercourses and wetlands. A watercourse is a channel for the
conveyance of surface water with a defined bed and banks.
Chapter 105 permits are waived for water obstructions (culverts, fills, etc.) if the drainage
area to watercourse is less than 100 acres. However the U.S. Army Corps of Engineers
may be required to review and approve the project.
General Permit-7 may be used for culverts and bridge replacement if the drainage area is
less than 1 sq. mi.
For bridges and culverts that were constructed prior to 1979 and have a drainage area of
less than 5 sq. mi the permit requirements are waived, as the bridge exists. If work has to
be done to the structure (less than ½ of the structure) a waiver of permit can be obtained
from the regional DEP office.
All other projects will require a submittal of a joint permit to the regional DEP office.
Township Officials are encouraged to work with Conservation District staff so that all
regulatory requirements are met.
4. Pennsylvania Natural Diversity Inventory (PNDI)
The Pennsylvania Natural Diversity Inventory (PNDI) identifies and describes the
Commonwealth’s rarest and most significant ecological resources. Data is collected and
maintained using the format of the Nature Conservancy’s Natural Heritage Program
(NHP). The NHP is an international network for biological information. PNDI is
Pennsylvania’s Natural Heritage Program and the consistency of data and record keeping
provides an opportunity to assess the status of an organism or ecosystem over a broad
geographic area. The PNDI’s geographic areas are not constrained by political boundaries
or subdivisions. PNDI represents the most comprehensive and consistent baseline
information available to analyze cause and effect for this indicator.
PNDI relies upon information from a variety of sources. Historical information is
gathered from museums, universities and individuals. Research, publications and contact
with experts supplement the historical information. Each PNDI listing is field verified to
document historically known occurrences and to document new locations. Legal
authority to regulate and protect species identified within PNDI resides with both
Commonwealth and federal agencies. The Pennsylvania Game Commission has statutory
authority for birds and mammals; the Pennsylvania Fish and Boat Commission has
statutory authority for amphibians, reptiles, fishes and aquatic organisms; and the
Department of Conservation and Natural Resources has statutory authority for native
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wild plants. Some species also are federally classified and protected by the U.S. Fish and
Wildlife Service.
It is the DEP's policy to ensure that permit applications and requests for authorizations,
received by DEP and county conservation district staff (when acting under the authority
of DEP), are coordinated with the Department of Conservation and Natural Resource's
(DCNR) PNDI. The PNDI coordination effort facilitates the avoidance and minimization
of impacts to rare, threatened and/or endangered plant and animal species, significant
natural communities, and unique geologic formations in the Commonwealth of
Pennsylvania. PNDI coordination will be conducted in a manner consistent with the
requirements of the rules and regulations implemented by DEP. DEP and county
conservation district staff will follow this policy during the permit application review
process.
E. Municipal Mining
Municipalities may own or mine their own material for road maintenance purposes. The
Department of Environmental Protection regulates municipal mining under the Noncoal
law and 25 Pa Code Chapter 77. The Technical Guidance prepared by the DEP Bureau
of Mining and Reclamation provides a simple and complete explanation of the law.
Technical Guidance
The Noncoal Surface Mining Conservation and Reclamation Act, Section 2, specifically
states in the definition of "Surface Mining," that the term does not include the extraction
of minerals by a landowner for his own non-commercial use from land owned or leased
by him. "Landowner" is defined by the Act as the person or municipality in whom legal
title to the land is vested. These provisions of the Act have been interpreted to mean that
a municipality or other government agency may extract noncoal minerals for its own use
from property it owns or leases without being subject to the licensing, permitting and
bonding requirements of the statute.
If the minerals are extracted as part of a construction project, then municipalities or other
government agencies will not be required to obtain a license, permit or bond. However,
such extraction must be done concurrently with the construction, and may not be
disproportionate to the proposed use of the site.
Those municipalities or government agencies, which sell any noncoal minerals mined by
them, their agents, contractors or individuals are required to obtain a license and permit.
If the amount of mineral mined for sale is less than 2,000 tons per license per year, a
small noncoal license and permit is required. Those municipalities or government
agencies which mine more than 2,000 tons per year for sale are required to have a large
noncoal license and permit and they must post bond as required.
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F. Penn-DOT
The Pennsylvania Department of Transportation may require permits for certain
situations encountered while utilizing the Dirt and Gravel Road Maintenance Program.
In some instances a Highway Occupancy Permit may be required or mobilization of
equipment or heavy hauling on Penn DOT roads may require a permit. Check with the
Penn-DOT Regional Offices with any questions pertinent to Penn DOT permits.
G. Pennsylvania Historical and Museum Commission (PHMC)
Significant modification to a road, right-of-way or other areas outside of existing
infrastructure may encounter historical artifacts. The Pennsylvania Historical and Museum
Commission’s Bureau for Historic Preservation reviews and comments on undertakings of
state and federal agencies, as required by the Pennsylvania History Code (Act 70, 37 Pa.
Cons. Stat.) and Section 106 of the National Historic Preservation Act. Contact with the
Pennsylvania Historic and Museum Commission should be made if there is any question
regarding a site’s historic, archeological or paleontological status. For further
information contact the Pennsylvania Historic and Museum Commission.
H. Pennsylvania One Call System
Pennsylvania One Call System, Inc.
Call Before You Dig!
1-800-242-1776
The Underground Utility Line Protection Act, Act 287 of 1974 as amended by PA Act
187 of 1996, amending the act of December 10, 1974 (P.L. 852, No. 287), entitled "An
act to protect the public health and safety by preventing excavation or demolition work
from damaging underground lines used in providing electricity, communications, gas, oil
delivery, oil product delivery, sewage, water or other service; imposing duties upon the
providers of such services, recorders of deeds, and person and other entities preparing
drawings or performing excavation or demolition work; and prescribing penalties,"
further providing for definitions, for duties of facility owners, for a One Call System, and
for designers and contractors for a One Call System; and providing for penalties.
The one call system is a single nonprofit communication clearinghouse established within
the Commonwealth to provide a single toll free telephone number for contractors or
designers or any other person covered by this Act. The one call system notifies the
facility owner of the contractors’ intent to perform excavation. The one call system is
located in West Mifflin, PA.
Further questions about excavating near buried utilities can be answered by the
Department of Labor and Industry.
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I. Local Ordinances
Counties and local municipalities are responsible for most planning and zoning
ordinances. There are 67 counties in Pennsylvania (of which 65 participate in the
program) and 2,567 individual municipalities. In most cases municipal roadmasters
should be aware of any ordinances or local limiting factors that may inhibit the Dirt and
Gravel Road Maintenance Program. It is incumbent on the municipality to ensure that
any projects are not in conflict with local ordinances.
J. Other Considerations
1. Natural Disturbances
It is permissible to use Dirt and Gravel Road Maintenance Program funds for seeding,
mulching, re-vegetating and stabilizing areas along dirt and gravel roads that have been
affected by recent natural events such as storms and fires and may be contributing
sediment to a stream or have the potential to affect a stream or the stability of a dirt and
gravel road. Site work may include removal of dead, damaged or stressed trees and
vegetation and other stabilization techniques as may be required to protect the stream and
the road. The local QAB may develop a policy for quick remediation efforts of these
sites.
2. Seasonal Roads
The Dirt and Gravel Road Maintenance Program funds, unlike liquid fuel funds, are
available for projects on roads that may be closed from time to time during the year.
Road closure is a management tool supported by the Dirt and Gravel Road Maintenance
Program. Closing a road can forestall seasonal breakup and rutting thereby preventing
pollution. Closing a road on a seasonal basis may also contribute to tourism by allowing
use of unpaved roads for skiing and snowmobiling. It must be verifiable that any road
identified for funding be open to the public at some time during the year.
3. Bridges
Dirt and Gravel Road Maintenance Program funds are not intended to pay for
construction of bridges. The decision regarding use of Dirt and Gravel Road
Maintenance Program funds for stream crossings and bridge maintenance is left to the
QAB’s consideration of local conditions.
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4. Tar and Chip or Chip Seal Roads
The Dirt and Gravel Road Maintenance Program will not pay for tar and chipping or chip
sealing or any type of paving that results in a surface sealed with tar or road oil. It is
permissible to use Dirt and Gravel Road Maintenance Program grants to convert a road
previously paved or tarred and chipped back to dirt and gravel.
5. Outside the Right Of Way
Dirt and Gravel Road Maintenance Program funds may be used outside the right-of-way
of the road to mitigate the pollution impacts to a stream. Any work outside the right of
way must have direct effect on a public road open to travel at least one day per year with
the end result being the abatement of pollution. The reasons for working outside of the
right-of-way must be well documented in the project file and all necessary landowner
agreements should be in writing and located in the project file.
Conservation Districts are encouraged to utilize other sources of funding or in-kind
contributions to complete the work that is outside the right of way.
6. Combined Funds
Avoid combining Liquid Fuel funds and Dirt and Gravel Road Maintenance funds on
projects.
If Dirt and Gravel Road Maintenance Program funds were combined with liquid fuels
money to complete a project, the legal restrictions on liquid fuels funds would apply to
that portion paid for by liquid fuels.
If funds are combined, detailed accounting of which funds were spent on which portions
of the project must be maintained.
Dirt and Gravel Road Maintenance Program funds may be combined with other funds.
They may be used as matching funds for projects provided the Dirt and Gravel Road
Maintenance Program funds are used for dirt and gravel road projects on identified
worksites. Examples of other funding streams might include Growing Greener, EPA
319, Adopt a Stream or Embrace A Stream. These funds should be shown as in-kind
expenditures.
7. Liquid Fuel Money
The Pennsylvania Motor Vehicle Code authorizes collection of tax from the purchase of
liquid fuels. A small portion of that tax funds the Dirt and Gravel Roads Maintenance
Program. A much larger portion of that tax is used by the state or returned to the
municipalities to fund maintenance of public roads, both paved and unpaved. This
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payment of funds is referred to as Liquid Fuel Money. Liquid Fuel Money use is
restricted to local road maintenance and construction.
As legally restricted revenues, liquid fuel monies can only be spent on road maintenance
products or activities that conform to Penn-DOT’s Publication 9 specifications. These
criteria do not have environmental protection or pollution prevention safeguards
included.
In some circumstances PennDOT’s required standards for spending liquid fuel money
may actually restrict material purchases or work procedures to products and practices that
are detrimental to the environment.
Township roadwork has historically been controlled by Liquid Fuel Money standards.
When local municipalities budget road maintenance activities from other available
sources within their operation budget, other than liquid fuel money, liquid fuel
restrictions do not apply. Penn-DOT requirements for liquid fuel expenditures do not
apply to the Dirt and Gravel Road Maintenance Program.
Avoid combining Liquid Fuel funds and Dirt and Gravel Road Maintenance funds on
projects.
Although all township roadwork funded by liquid fuel money must adhere to liquid fuel
guidelines, there are great variations in the approach to maintenance procedures among
different townships. Such variations are attributable to population, tax base, personality
and ability of individual supervisors, personnel, equipment, tradition, weather, local
culture, and numerous other factors. Given the importance of liquid fuel money as the
source of traditional road maintenance funding, municipalities need to consider this.
Some liquid fuel specifications are acceptable and should be used in the Dirt and Gravel
Road Maintenance program. For example, following liquid fuel specifications for
compacting fill around culvert pipes is highly recommended.
The Penn-DOT liquid fuel specifications for stone aggregate, which municipalities are
historically accustomed to using are a size only requirement. Important factors for
prevention of sediment from road surfaces are the abrasion resistance and durability of
the stone rather than its size. When using Dirt and Gravel Road Maintenance funds
exclusively, as opposed to liquid fuel funds, pH, durability and abrasion resistance must
be specified.
If in doubt, check with the SCC for an opinion on the appropriate use of Dirt and Gravel
Road Maintenance Program money.
8. Prevailing Wage
Projects funded by Dirt and Gravel Road funds, in which the estimated cost of the total
project exceeds $25,000, are subject to provisions of Pennsylvania’s Prevailing Wage Act
(1961, August 15, P. L. 987, No. 442), 43 P. S. Section 165-1 et seq. It is the
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esponsibility of the municipality to obtain the Prevailing Wage Act scale for the area and
include it in any proposal to solicit bids for the contract. The Prevailing Wage scale can
be obtained from the Prevailing Wage Division of the Pennsylvania Department of Labor
and Industry. If the Prevailing Wage Act applies, the advertisement shall also note this
fact.
The Prevailing Wage Act does not apply to the following: maintenance work (as defined
in the Act), purchases, even if the purchased material is delivered in place, (such as
spread stone), and work performed by municipal employees on the municipality’s own
roads.
9. Trails
The Dirt and Gravel Road Maintenance Program can only fund projects on roads that are
open to general motor vehicle traffic at least one day per year. For the purposes of the
Dirt and Gravel Road Maintenance Program general motor vehicle traffic does not
include snowmobiles, all terrain vehicles (ATVs), dirt bikes, or other off road vehicles
that are not allowed to normally operate on a state highway.
Motorized Vehicle Trails
Some dirt and gravel roads may serve a dual purpose. In some instances roads may be
open to all terrain vehicles except during limited times when they are opened to general
motor vehicle traffic. In other cases during winter month’s public roads are closed to
normal vehicular traffic and opened to snowmobiles. In some instances the dirt and
gravel road may be opened to both general motor vehicle traffic and snowmobiles at the
same time. Municipalities that have these situations are encouraged to plan for
maintenance on these roads that allow for the multiple uses.
There are often areas developed for and used by ATVs and dirt bikes called “rip and tear”
areas. Rip and tear areas do not meet ESM principles and in fact are the antithesis to
ESM principles and cannot be funded. Normal ESM road maintenance may be funded
with Dirt and Gravel Road Maintenance Program funds on dual use roads. Trails that
have been developed and maintained exclusively for off road vehicles cannot be
maintained with Dirt and Gravel Road Maintenance Program funding.
Non-Motorized Trails
Every state now has a bicycle and pedestrian coordinator to help implement a trail
program as part of overall transportation route planning. The Federal Highway
Administration encourages this. As a result many miles of foot, bicycle and equestrian
trails are being established in the Commonwealth. In the winter these trails are often
used for cross-country skiing and snowshoeing. In most cases the trails are constructed
in such a manner that they could not support motor vehicle traffic or off road vehicle
traffic. Because the trails are not open to general motor vehicle traffic at least one day
per year they cannot be funded with Dirt and Gravel Road Maintenance Funds.
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Trail Road Intersections
In many cases off-road vehicle trails or foot trails will cross dirt and gravel roads. In
some cases the trails are contributing to pollution. Dirt and Gravel Road Maintenance
Program funding can be used to repair and modify the intersections of sanctioned trails to
prevent environmental damage. The local conservation district and QAB can make the
decision in these specific cases about what is permitted with program funding and what is
not permitted. The Conservation District should work with landowners to remediate
pollution sources from and to if at all possible, close un-sanctioned trails.
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Appendices
Appendix A Five Year Agreement
Appendix B Replenishment Form
Appendix C Contract Between Conservation District and Municipality
Appendix D Project Performance Report
Appendix E Allocation Formula
Appendix F Grant Application Form
Appendix G Example – Completed Grant Application Form
Appendix H Driving Surface Aggregate Certification Form
Appendix I Cost Overrun Contract Amendment
Section 9106 of the Pennsylvania Motor Vehicle Code
25 Pa Code Chapter 83 – Subchapter F
Fact Sheets
Acid Producing Fill Material
Aggregate Handbook
Allocation Breakdown
Approved Products
James “Bud” Byron – Founder of the Dirt and Gravel Road Maintenance Program
in Pennsylvania
Carbide Tipped Grader Blade
Crown and Cross Slope
Driving Surface Aggregate
Driving Surface Aggregate Certification Form
Driving Surface Aggregate Specifications
Driving Surface Aggregate Suppliers
French Mattress
Fund Apportionment
Grade Breaks
Grading Sequence With Carbide Tipped Blades
Headwalls and Endwalls
Natural Stone Headwalls
Quantification of Materials
Red Dog
Surface Maintenance
Trail Mix Specifications
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Examples
This section contains examples of policies developed by various conservation districts
and is included here with their permission.
Draft of Example Local Policies
Example Policies
Conflict of Interest – Pike County
Driving Surface Aggregate – Pike County
Equal Access – Potter County
Roles and Guidelines – Potter County
Statement of Policy – Potter County
Policy Manual – Bradford County
Emergency Repair – Bradford County
Macro Invertebrate Protocol – Bradford County
Macro Invertebrate Sample Sheet – Bradford County
Warren County QAB Policies
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Photographs
The photographs included here are for instruction purposes. These photographs represent
the best environmentally sensitive maintenance procedures and in some cases examples
of other methods that have failed to prevent pollution.
Click Here for Photographs
Click here
for Maps
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Index
Additional Tests for Aqueous Products, 38
Administrative Funds, 16
Advance Working Capital for Conservation Districts, 14
Allocation, 14
Annual Allocation Announcement, 9
Annual Summary Report, 21
Appendices, 50
Application Submittal Times, 26
Banking Institutions, 10
Biochemical Oxygen Demand/Chemical Oxygen Demand (BOD/COD), 38
Bridges, 45
Bureau of Forestry, 30
Bureau of State Parks, 30
Chapter 102, 41
Chapter 105, 42
Combined Funds, 46
Commercial Products, 34
Conservation District Activities, 20
Conservation District Field Representatives - Field Reps, 11
Conservation District Testing, 38
Conservation District Training, 20
Conservation Districts, 14
Consultants, 33
Contracts, 39
Co-products and By-products, 35
Cost Overruns, 39
County Conservation District Funding, 14
Demonstration Projects, 21
Department of Conservation and Natural Resources (DCNR), 30
Distribution of Advance Working Capital, 15
Driving Surface Aggregate, 36
DSA, 36
Education and Training Funds, 17
Eligibility, 33
Eligible Project Locations, 16
Eligible Worksites, 16
Environmentally Sensitive Maintenance Training (ESM), 34
Equal Access, 25
Equipment Rental – Leasing, 32
ESM, 34
Examples, 51
Fact Sheets, 51
Federal Permits, 39
Field Reps, 11
Funding, 9
General Permit 11 – GP-11, 41
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Geographic Information Systems, 20
Grant Application Completion Instructions, 34
Grant Application Instructions, 32
Grant Application Preparation, Submittal and Review, 27
Grant Applications, 32
Grants, 32
Identified Worksites, 39
Incentives, 25
Intended Audience, 5
Introduction, 6
Label Restricted Commercial Products, 34
law, 6
Liquid Fuel Money, 46
Local Ordinances, 45
Location Map, 39
minimal handwritten information, 32
Money Transfer Agreements, 9
Money Transfer Agreements – Five Year Contract, 9
Municipal Mining, 43
Municipalities, 29
Natural Disturbances, 45
Non Labeled Commercial Product Testing Protocols, 37
Non-pollution Standards, 26
Non-Waiver, 39
Notification Procedures, 25
NPDES Regulations, 40
NRCS, 24
Number of Applications, 26
Objectives, 23
Other Considerations, 45
Outside the Right Of Way, 46
Penn-DOT, 30, 44
Pennsylvania Bulletin, 10
Pennsylvania Department of Labor and Industry, 48
Pennsylvania Department of Transportation (Penn-DOT), 30, 44
Pennsylvania Fish and Boat Commission (PFBC), 24, 31
Pennsylvania Game Commission (PGC), 31
Pennsylvania Historical and Museum Commission (PHMC), 44
Pennsylvania Natural Diversity Inventory (PNDI), 42
Pennsylvania One Call System, 44
Permits, 28, 39
Personal Contact, 20
PFBC, 24
Photographs, 53
Plant and Seed Products, 34
PNDI, 42
Pollution Impacts, 28
Prevailing Wage, 47
Product Approval, 34
Program Closure, 18
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Program Notification, 25
Program Participants, 29
Program Re-Admittance, 19
Project Evaluation Instructions, 28
Project Grant Agreement, 15
Project Performance, 27
Project Performance Report, 21
Project Selection, 28
QA/QC Field Review Locations, 12
QA/QC Final Report, 13
QA/QC Information Requirements, 11
QA/QC Personnel Interviews, 12
QA/QC Preliminary Report, 12
QA/QC Process Evaluation, 13
QA/QC Program Evaluation, 11
QA/QC Re-Evaluations, 13
QA/QC Review and Comment, 13
QA/QC Teams, 10
QAB Grant Evaluation Guide, 27
Quality Assurance / Quality Control, 10
Quality Assurance Board Composition, 24
Quality Assurance Board (QAB), 23
Quality Assurance Board (QAB) Activities, 25
Quality Assurance Board Background, 23
Quality Assurance Board Organizational Guidelines, 24
Quality Assurance Board Role, 23
Records Retention, 19
Reduced Allocation, 17
Replenishment for Conservation Districts, 15
Required Elements of the Grant Application, 27
Required Tests, 37
Return of Funds, 18
Seasonal Roads, 45
Selection and Purpose, 10
State Agencies, 29
State Conservation Commission (SCC) Role, 9
State Permits, 41
Statement of Performance, 26
Statement of Policy, 7
Stream Assessment and Monitoring, 22
Stream Corridor Evaluation, 22
Tar and Chip or Chip Seal Roads, 46
Test Results, 32
Trails, 48
Training, 34
Watershed Groups and Plans, 22
Wearing Course Materials, 36
Worksite Application, 20
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