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Learn About Environmental Permits and Processes
Understanding environmental review is essential for communities seeking to protect natural resources, safety, and quality of life. In Pennsylvania, developments involving earth disturbance, stormwater, or impacts to wetlands and wildlife must undergo reviews such as PNDI screening, species surveys, and permitting before construction.
These processes are meant to identify and protect sensitive features, but they depend on accurate, current information. Outdated or incomplete data can weaken oversight and increase environmental risks.
This page helps residents understand how the process works, which agencies are involved, and where concerns may arise—so the community can engage effectively and advocate for responsible development.
Where Reviews and Permits Stand Now
NPDES Incompleteness Letter Issued July 30
On July 30, 2026, the Delaware County Conservation District issued an incompleteness letter for the NPDES permit application associated with The Shoppes at Concord, Application No. PAC230114 A-1. This letter confirms that major questions remain regarding the project’s disturbance limits, waterways, stormwater discharges, post-construction runoff, and potential effects on protected species. It also raises important questions regarding Chadds Ford Township’s role, because the application expressly identifies Chadds Ford as one of the municipalities in which the project is located.
The application identifies the project as being located in both Concord Township and Chadds Ford Township. The District determined that the submission did not contain enough information to complete its review and directed the applicant to provide additional materials by September 28, 2026. If the deficiencies are not corrected by that date, the District may consider the application withdrawn.
NPDES Issues Identified
The District identified significant issues involving:
- Unclear project-site acreage and limits of earth disturbance.
- Apparent grading along Ridge Road that was not included within the stated disturbance limits.
- Incomplete identification of stormwater flow paths and receiving waters.
- An unnamed tributary to Harvey Run that was not properly identified on the plans.
- Conflicting information regarding whether runoff will discharge to surface waters.
- Proposed grading, pipes and drainage structures that may alter existing discharge conditions.
- Missing stormwater calculations needed to evaluate runoff volumes, peak discharge rates and erosion potential.
- Incomplete calculations for proposed discharge points and level spreaders.
A New PNDI Now Requires Screening for Endangered Species
A significant development has emerged in the environmental review of the proposed Shoppes at Concord project. The project's updated Pennsylvania Natural Diversity Inventory (PNDI) review no longer indicates that environmental clearance is complete. Instead, the U.S. Fish and Wildlife Service (USFWS) has determined that the project may affect two federally protected species—the Bog Turtle and the Indiana Bat—and has required additional coordination before the environmental review can be finalized.
This is important because any required wildlife studies or agency recommendations could result in changes to the current development plan. Additional habitat assessments, species surveys, avoidance measures, seasonal construction restrictions, or redesign of project features could affect grading, stormwater management, tree clearing, roadway improvements, and the overall site layout.
For the Indiana Bat, federal survey protocols generally require field surveys between May 15 and August 15 if suitable habitat is present. These surveys may include acoustic monitoring or mist-netting to determine whether the species occupies the site.
Outdated Bog Turtle Screening
For the Bog Turtle, qualified biologists must determine whether suitable wetland habitat exists and evaluate whether the proposed development could affect groundwater, wetlands, drainage patterns, or connected habitat areas. The prior Bog Turtle habitat survey is now more than four years old and may no longer accurately reflect current site conditions, particularly where drainage, vegetation, hydrology, or surrounding land conditions may have changed. An updated field evaluation should therefore be completed before agencies rely on the earlier findings.
Given the outdated Bog Turtle survey and the outstanding federal environmental review, Save Ridge believes all required wildlife evaluations—and any recommendations or protective measures required by the U.S. Fish and Wildlife Service—must be completed before the project moves forward. The public and reviewing agencies deserve to evaluate the development using a complete and current environmental record, not an assessment based on fieldwork conducted more than four years ago while federal consultation remains unresolved.
Chapter 105 Permit Transferred
Transfer
Issues Raised with DEP
Issues Raised with DEP
A Joint Chapter 105 Permit E2301224-005 was issued to the prior owner, Pettinaro, who submitted his original plan for the Shops at Ridge.
- The permit was issued by the PA DEP on January 29, 2025.
- The permit was transferred to the new owner, Retail Sites, on March 19, 2025. Retail Sites acquired the property in December 2024.
- The permit referenced in March 2025 appears to apply to previously approved plans submitted for Shops at Ridge.
Issues Raised with DEP
Issues Raised with DEP
Issues Raised with DEP
Several material deficiencies in the Pettinaro submission appear to undermine the permit’s validity under Chapters 102 and 105:
- Incomplete jurisdictional determination: The U.S. Army Corps review was limited to the northeastern quadrant, not the full site as represented, and relies in part on outdated delineations without clearly defining the areas evaluated.
- Inadequate wetland analysis: Wetlands identified in August 2023 suggest additional areas may exist, but were never assessed due to the incomplete JD.
- Unmet development conditions: Required Land Development approval for some building pads has not yet occurred.
- Outdated permit basis: The transfer to Concord Acquisitions does not appear to reflect current plan revisions.
Why this Matters
Issues Raised with DEP
Why this Matters
- If the project has materially changed, the law generally requires a new or amended Chapter 105 permit, not just a transfer.
- A Joint Chapter 105 Permit is issued based on detailed, site-specific plans—including exact layouts, grading, drainage systems, and impacts to streams or wetlands. If the design has been materially altered, the original permit may no longer be valid because it was never reviewed against the new conditions. Applying an old permit to a new design bypasses the core purpose of the review.
Protecting Ridge Road: The PNDI Review
What is a PNDI
A PNDI stands for the Pennsylvania Natural Diversity Inventory, and it is only as good as the information submitted. If a developer leaves out acreage, wetlands, or tree impacts, the review can be misleading or invalid.
In short, the PDNI an environmental screening tool used in Pennsylvania to check whether a proposed project might impact:
- Endangered or threatened species
- Rare plants and animals
- Sensitive habitats (like wetlands, forests, etc.)
How Does It Work
When a developer (or agency) proposes a project—like the Shoppes at Concord—they must submit the site through the PNDI system. The system then checks data from several agencies, including:
- Pennsylvania Game Commission (wildlife)
- Pennsylvania Fish and Boat Commission (aquatic species)
- Pennsylvania Department of Conservation and Natural Resources (plants, natural areas)
- U.S. Fish and Wildlife Service (federally protected species)
Why a PDNI Matters
A PNDI is often required before permits are issued (for example, like NPDES permits, which address pollution and stormwater).
If the PNDI is incomplete or inaccurate, then the following could occur:
- Environmental impacts may be missed
- Permits could be improperly issued
- Protected species (like the Indiana bat or bog turtle) could be harmed
PNDI and Other Permits
In Pennsylvania, a PNDI review is not optional paperwork—it’s a required step before agencies like the Pennsylvania Department of Environmental Protection can issue permits such as:
- NPDES (stormwater and earth disturbance permits)
- Chapter 105 (wetlands and streams) permits
Before issuing these, PADEP must confirm that the project has adequately addressed impacts to threatened and endangered species and habitats
PNDI Review Triggers
Even if a PNDI was once valid, it becomes outdated when:
- New wetlands are identified (such as by the U.S. Army Corps of Engineers)
- Time-sensitive surveys expire (bog turtle, bats)
- Project boundaries change
This means the developer cannot rely on the old PNDI—they must start fresh.
PNDI Expiration
A PNDI review is valid for 2 years from the date of the search (the “Date of Review” on the receipt).
Key details:
- Issued through the Pennsylvania Natural Diversity Inventory
- Expires exactly 2 years after the review date
- After expiration, a new PNDI search must be run before permits (like those from the Pennsylvania Department of Environmental Protection) can proceed
Learn About Sewer Permits
Requirements Defined by DEP
The sewer permit was issued in 2007, nearly nineteen years ago, to the former owner and developer.
Unlike many permits, Act 537 approvals typically do not expire. However:
- They are tied to a specific plan (layout, number of units, flow calculations, etc.).
- If a project changes significantly, the original approval may no longer apply.
DEP expects revisions or new submissions (for example, a car wash) if there are material changes, such as:
- Increased density or sewage flow
- Different building layout or phases
- Changes to the treatment method or the connection point
Learn About Joint Chapter 105 Permits
Why It Matters
Chapter 105 is one of the key environmental safeguards in Pennsylvania. If the data behind an application (like wetland boundaries or species surveys) is outdated or inaccurate, it can lead to:
- Improper approvals
- Loss of sensitive habitats
- Increased flooding risks
Chapter 105 permits ensure that development near water resources is done responsibly and with proper environmental protection.
What It Is
A Chapter 105 permit in Pennsylvania is an authorization required under PA Code Chapter 105 (Dam Safety and Waterway Management) and administered by the Pennsylvania Department of Environmental Protection.
It’s a permit needed for any activity that impacts water resources, including:
- Streams and rivers
- Floodplains
- Wetlands
- Lakes and ponds
When Developers Need It
A developer must obtain a Chapter 105 permit if a project involves:
- Filling or disturbing wetlands
- Building near or across streams (e.g., culverts, bridges, utility crossings)
- Encroaching on floodplains
- Altering water flow or drainage patterns
What DEP Evaluates
The state reviews whether the project:
- Avoids or minimizes environmental harm
- Protects aquatic life and habitats
- Maintains water flow and flood capacity
- Provides mitigation if impacts (like wetland loss) are unavoidable
Learn About the NPDES Permit
Public Notice Requirement
Public notice is important because it is often the last meaningful opportunity to influence a project’s environmental safeguards before construction begins. This is especially important for larger or more impactful developments. Public notice is usually provided through:
- Legal ads in newspapers (often small and easy to overlook)
- PA Bulletin postings (an official but not widely read state publication)
- Occasionally, municipal notifications
Unlike zoning hearings, there is no guarantee of direct notice to nearby residents.
Why the Permit Matters
The NPDES process is critical because it:
- Protects local streams and drinking water
- Prevents sedimentation, which can destroy aquatic habitats
- Reduces flooding and downstream impacts
- Ensures developers are accountable for environmental impacts
What It Is
NPDES stands for the National Pollutant Discharge Elimination System. It was created under the Clean Water Act to regulate discharges of pollutants into waters like streams, rivers, wetlands, and lakes.
In Pennsylvania, the program is administered by the Pennsylvania Department of Environmental Protection (PA DEP).
When Developers Need It
For development projects, an NPDES permit is typically required when:
- Earth disturbance is 1 acre or more, or
- Smaller disturbances are part of a larger common plan of development
This is often referred to as an NPDES Construction Stormwater Permit.
What DEP Evaluates
The applicant submits materials to PA DEP (or a delegated county conservation district), including:
- NPDES application forms
- E&S Plan
- PCSM Plan
- Supporting studies (e.g., hydrology, soils)
- Proof of consistency with other approvals (like wetlands or species reviews)
Regulators review the application to ensure:
- Plans meet state and federal standards
- Stormwater is properly managed
- Water quality will be protected