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Allegheny River Headwaters Watershed Conservation Plan

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<strong>Allegheny</strong> <strong>River</strong> <strong>Headwaters</strong> <strong>Conservation</strong> <strong>Plan</strong><br />

Chapter 3. Water Resources<br />

impact aquatic habitats, aquatic vegetation, and other aquatic species and their food supply, creates<br />

unstable streambanks, and increases drinking water treatment costs. Pollutants, such as heavy metals,<br />

pesticides, and excess nutrients, are carried with the sediment by runoff and with the stream flow, which<br />

affects conditions downstream, as well as the source.<br />

In order to minimize impacts caused by accelerated soil erosion, Chapter 102 of the Pennsylvania<br />

Code, under the authority of the Pennsylvania Clean Streams Law, was established in 1972 and later<br />

amended in 2000. According to the law in the Pennsylvania Code, “anyone conducting earth disturbance<br />

activities must use best management practices (BMPs) to minimize the amount of sediment leaving the<br />

site of the earth disturbance activity.” PA DEP is responsible for overseeing Chapter 102 requirements ,<br />

and has given conservation districts with trained staff the responsibility to review erosion and<br />

sedimentation control (E&S) plans, conduct trainings, perform site inspections, and –in some counties—<br />

the authority to conduct compliance and enforcement actions (PA DEP, 2007b).<br />

Erosion and sediment control plans must meet Chapter 102 requirement by being properly designed<br />

and implemented and available on site for all earth disturbance activities. These plans must document<br />

how land and water resources are being protected against accelerated erosion through the implementation<br />

of BMPs. The timing and sequencing of the BMP installation must be accounted for in the plan.<br />

Minimizing disturbances, utilizing silt fence, mulch, diversion ditches, sediment traps, and sediment<br />

basins are examples of erosion control BMPs.<br />

Excluding agricultural plowing and tilling, timber harvesting, and road maintenance activities, all<br />

other earth disturbances greater than five acres of disturbances between one and five acres with a point<br />

source discharge must obtain a NPDES stormwater permit. As previously mentioned, farms that are not<br />

CAFOs and timber operations that are fewer than 25 acres are not required to obtain a NPDES permit, but<br />

are required to have a conservation plan or an E&S plan for their activities. Timber harvesting activities<br />

that disturb 25 acres or more for haul roads, skid trails, and landing areas, as well as road maintenance<br />

activities disturbing 25 acres or more, is required to obtain a NPDES permit. Agricultural activities do not<br />

require a permit, but do require an E&S plan (PA DEP, 2007b).<br />

The Dirt and Gravel Road Maintenance Program,<br />

enacted in April 1997 through section 9106 of the<br />

Pennsylvania Vehicle Code, provides dedicated funding to<br />

eliminate stream pollution caused by dust sediment from<br />

unpaved roads. The notion for this program was initiated in<br />

Potter County, Pa, in April 1990, when members from<br />

Pennsylvania Council of Trout, U.S. Fish and Wildlife<br />

Service, and God’s Country Chapter of Trout Unlimited met<br />

for a fishing trip, which was impractical due to a severe rain<br />

storm. Instead, the groups observed the local waterways and<br />

were shocked when they witnessed the amount of sediment<br />

being washed into area waterways.<br />

The program receives four million dollars annually from<br />

the State <strong>Conservation</strong> Commission (SCC) through dedicated<br />

and earmarked funding that is given to county conservation<br />

districts based on need. <strong>Conservation</strong> districts, in turn,<br />

Improperly designed dirt and gravel<br />

roadways can increase the amount of<br />

sediment washed into nearby waterways<br />

(Source: Potter County <strong>Conservation</strong><br />

District)<br />

disseminate funds to municipalities and other road-owning entities. Funding is provided to address<br />

pollution on problems previously identified in county-wide dirt and gravel road assessments. The<br />

assessment, conducted in 2000, provided information from field investigations where dirt and gravel<br />

roads were identified and evaluated using 12 criteria. The criteria included: amount of road sediment in<br />

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