By RALPH DOTTERER JR.

On the Friday, May 31, opinion page of The Express, was a Point… Counterpoint article about the environment.

Nancy Stoner, president of the Potomac Riverkeeper, commented on the importance of EPA’s “Waters of the United States” regulations.

Ms. Stoner states in her article that: “No scientific basis supports the Trump EPA’s rule.

It would eliminate express protection for waters that flow through more than one state and remove protection for ephemeral streams – those that exist from rainwater or snowmelt and form headwaters of watersheds.”

Also, in the article Ms. Stoner states that: “The new rule would take away America’s right to clean water protections and replace them with the right of polluters to destroy or degrade 40% of the country’s streams, lakes, and wetlands.”

All of us should be thankful for the vigilance of the many watchdog organizations, who help hold the rest of us accountable for our actions. With that said, Nancy Stoner has obviously never gotten a permit to work in, or along a stream in Pennsylvania.

During the last 12 years, our family has done extensive renovations to the north branch of Cedar Run’s headwater tributary, which flows through our property. We have been granted 8 GP1 permits, 1 GP3 permit, 5 GP6 permits and previously 2 GP7 permits for work involving this small stream.

I tell people that I’m not an expert, but I’ve been around the system enough to have learned a few things along the way.

Beyond Ms. Stoner’s argument for more regulations involving the EPA, I wanted to point out to my readers what our family has been required to do by other agencies!

1. Notify both municipal and county governments of any proposed work in or near the stream for their review.

2. Certify that no wetlands will be altered or destroyed involving project activities.

3. Do a PNDI, which based on the GPS coordinates would determine the possible presence of any endangered plants or animals.

4. Complete a cultural resource’s review to determine if historically significant land, buildings, etc would be impacted by the proposed project.

5. Notify the Pennsylvania Museum and Historical Commission, which could require an archeological excavation of the site prior to starting work.

6. I must have on hand the confirmation number from calling 811, to make sure there are no underground utilities in the project area.

7. The Delaware Indian Nation must also approve any stream alteration in their tribal waters.

8. I must have an enforceable erosion and sedimentation plan approved and in place, to control any erosion or runoff associated with the project.

9. A detailed calculation must be provided of any temporary and permanent earth disturbance done within the stream or adjoining streambank. The sum of the square footage would then determine if the project would be kicked into the next level of regulations. This would be an NPDES permit, for which I don’t have enough space in this article to spell out the complicated and costly details.

10. Based on the stream’s classification, there are special rules which give some streams more protective regulations than others.

11. Any permit application requires a detailed plan including all the proposed work to be done, and changes to be made in the stream or to the stream bank. Some programs require GPS coordinates for the locations of every change in the stream, others require detailed cross section drawings of the affected area before and after implementation.

12. The county Conservation District reviews the erosion and sedimentation plan, along with the proposed design to meet compliance regulations. Various GP or other special permits may be required based on the proposed work to be done, and wordage used in the design.

13. The Pennsylvania Department of Environmental Protection (DEP) may also be brought into the review process for clarification of applicable regulations and enforcement of DEP’s regulations.

14. The Pennsylvania Fish and Boat Commission also has a review and regulatory role in approving and enforcing laws associated with Pennsylvania waters.

15. On the federal level, our proposed stream projects have come under the jurisdiction of the Army Corps of Engineers. As the contractor of record with the Army Corps, I would be subject to substantial fines for flagrant violations, involving stream work or wetland abuse.

16. Being a farm family, we are also working with the oversight of the NRCS, which is a Federal agency. This agency assists farmers with implementing and possibly providing some funding for their erosion, and water control measures.

17. While working in or along the streambank, we must have permitting documents on site, for possible review by county, state, or federal personnel during a worksite inspection.

18. Upon completion of these projects, we have had regulating personnel from county, state and federal agencies visit the completed project to determine compliance with various rules and regulations associated with the project.

19. Because I’m the contractor of record with the Army Corps, most of my GP1 permits have required me to do a self-certification of the project. This also may entail a visit by Army Corps personnel to validate compliance to all their regulations.

Regulations keep good people honest, but there is a segment of our society which will do what they want despite all the rules. I applaud all those individuals and agencies they represent, which do their best to apply, and fairly enforce any number of current regulations.

The Express has printed a number of articles during the past several weeks featuring our environment, and the importance of clean water.

Is it sometimes possible to cross the line of common sense when they are caught up with advancing their passions?

I ought to know because some people in various governing agencies tell me I’ve become obsessed with working on the stream. To my readers I would say this: Without true passion in our efforts there is only a hollow legacy to show for our work.

Flowing water is the most common and powerful naturally occurring force on our planet. Those who take the challenge of controlling water lightly will fail. But even those who follow all the rules can taste defeat because of the power of the unknown in our environment.

Finally, could the second most powerful and common force on our planet be manmade?

Maybe it’s all the governmental rules and regulations which try to control the flow of every aspect of our lives!

Hmmm….

Ralph Dotterer Jr. is a lifelong Nittany Valley farmer, hayseed philosopher, barnyard artist whose roots in the same soil go back almost 200 years.