Decision on Exceptional Value Stream has Broad Implications for PA’s Stormwater Program
Crum Creek Neighbors v. PA DEP and Pulte Homes
An important case recently (October 22) emerged from the Environmental Hearing Board (Crum Creek Neighbors v. PA DEP and Pulte Homes, Docket No .2007-287-L) which could have significant implications for stormwater in Pennsylvania - especially in Exceptional Value and possibly other Special Protection Waters.
In Marple Township, Delaware County, Pulte proposed development of 58 townhouses and 160 condominium units on approximately 35 ac in the Exceptional Value Holland Run tributary of the Crum Creek. Although we will be providing additional legal commentary on this and other cases in future weeks, the Synopsis states:
The Board remands an NPDES stormwater discharge permit to the Department for further consideration because the Department analyzed the site as a nondischarge site when in fact there will be direct discharges to the Exceptional Value stream. In addition, the appellant’s showing that there is a significant, credible risk of a diminution in the flow of the Exceptional Value stream as a result of the permitted residential subdivision requires further investigation and analysis.
This is a reasonably complicated case that raises several important questions regarding PA DEPs stormwater permitting in Exceptional Value watersheds. Stay tuned.
To read the full decision go to : http://ehb.courtapps.com/democorpus/Converted/50306392007287.pdf
