The Department of Environmental Protection published notice in the December 20 PA Bulletin asking for comments on an interim final policy implementing Act 162 of 2014 relating to mandatory stream buffer requirements.

The policy takes effect December 20, but DEP is asking for public comments by February 18.

As drafted, the policy applies to erosion and sedimentation permits in special protection watersheds, although the language in Act 162 authorizes DEP to require forested stream buffers in any watershed in the Commonwealth.

The policy outlines the requirements for meeting the stream buffer requirement or, in-lieu of a forested buffer, for providing best management practice(s) equivalent to a forested stream buffer to meet the requirement that water quality not be degraded in any way by a project.

The policy says any covered permit application submitted prior to December 21, 2014 must still meet the old requirements.

DEP published a separate notice December 20 announcing the availability of the stream buffer options under Act 162.

Written comments should be submitted to Jennifer Orr, NPDES Construction and Erosion Control, Bureau of Waterways Engineering and Wetlands, Rachel Carson State Office Building, P. O. Box 8460, Harrisburg, PA 17105-8460 or send an email to: ep-102regulations@pa.gov.

For more information, contact Jennifer Orr, 717-787-3411 or send email to: ep-102regulations@pa.gov.

12/22/2014