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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 Outdated or incomplete data can weaken oversight and increase environmental risks.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
PNDI Expires May 25, 2026
The current PNDI (Pennsylvania Natural Diversity Inventory) for this property, issued to the former owner in May 2024 and expiring on May 25, 2026, contained inaccurate information regarding the approved development plan. This raises serious concerns about environmental review and the protection of sensitive habitats.
Key flaws have been flagged and shared with all permitting agencies—most notably, the PNDI failed to account for the removal of trees and woodlands, which would be required to develop the site.
Since the questions on the 5/25/2024 PNDI were not answered correctly, the developer must run a new PNDI providing accurate responses (unless the plan is revised to show that no trees will be cut down).
Concerns Raised with DEP
The applicant’s PNDI response to Question #4 asserted that no woodlands or trees would be removed by the project. This statement was inaccurate
at the time of submission and remains untrue.
The Delaware County Conservation District (DCCD) confirmed this in its Incompleteness Letter dated October 28, 2025, and identified:
- An area of woodland located along the southern boundary within the active LOD (Limit of Disturbance), estimated at under 0.25 acres but still qualifying as woodland.
- Multiple specimen trees are designated for removal along the western boundary line.
- Additional trees are proposed for removal in the mid-southern field area near Route 202.
- A Woodland Survey by Rockwell Associates, dated May 8, 2025, clearly documents these woodland resources.
NPDES Withdrawn
On February 24, 2026, the developer withdrew its submitted Notice of Intent (NOI) seeking an amendment to its coverage under the National Pollutant Discharge Elimination System (NPDES) permit administered by the Pennsylvania Department of Environmental Protection.
As it now stands, a new NOI must be submitted and If any of the following change 1) project location, 2) project size or configuration, 3) project type, or 4) responses to the questions that were asked during the initial online PNDI review, the results of that review are not valid. The PNDI must be searched again via the PNDI Environmental Review Tool and resubmitted to the jurisdictional agencies.
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