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COMMONWEALTH OF PENNSYLVANIA

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PA Bulletin, Doc. No. 14-1962a

[44 Pa.B. 5975]
[Saturday, September 20, 2014]

[Continued from previous Web Page]

COAL AND NONCOAL MINING ACTIVITY APPLICATIONS

 Applications under the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1—1396.19a); the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. §§ 3301—3326); The Clean Streams Law (35 P. S. §§ 691.1—691.1001); the Coal Refuse Disposal Control Act (52 P. S. §§ 30.51—30.66); and The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.1—1406.20a). Mining activity permits issued in response to such applications will also address the applicable permitting requirements of the following statutes: the Air Pollution Control Act (35 P. S. §§ 4001—4015); the Dam Safety and Encroachments Act (32 P. S. §§ 693.1—693.27); and the Solid Waste Management Act (35 P. S. §§ 6018.101—6018.1003).

 The following permit applications to conduct mining activities have been received by the Department. A copy of the application is available for inspection at the district mining office indicated before each application. Notices of requests for 401 Water Quality Certifications are included in individual application notices, as noted.

 Written comments or objections, or requests for an informal conference, or a public hearing, as applicable, on a mining permit application and request for Section 401 water quality certification application may be submitted by any person or any officer or head of any Federal, state or local government agency or authority to the Department at the address of the district mining office indicated before each application within 30 days of this publication, or within 30 days after the last publication of the applicant's newspaper advertisement as provided by 25 Pa. Code §§ 77.121—77.123 and 86.31—86.34.

 Written comments or objections regarding a mining permit application should contain the name, address and telephone number of persons submitting comments or objections, application number and a statement of sufficient detail to inform the Department on the basis of comment or objection and relevant facts upon which it is based.

 A request for an informal conference or a public hearing, as applicable, on a mining permit application, as provided by 25 Pa. Code § 77.123 or § 86.34, must contain the name, address and telephone number of the requestor; the application number; a brief summary of the issues to be raised by the requestor at the conference; and a statement whether the requestor desires to have the conference conducted in the locality of the proposed mining activities.

 When an NPDES number is listed, the mining activity permit application was accompanied by an application for an individual NPDES permit. A separate notice will be provided after the draft NPDES permit is prepared.

Coal Applications Received

California District Office: 25 Technology Drive, Coal Center, PA 15423, 724.769.1100

30120701 and NPDES No. PA0236179. Cumberland Coal Resources, LP (158 Portal Road, PO Box 1020, Waynesburg, PA 15370). To operate the Cumberland Mine Coal Refuse Disposal Area No. 3 in Whitely Township, Greene County to operate a new coal refuse disposal and related NPDES permit. Coal Refuse Disposal Support Acres Proposed 343.9, Coal Refuse Disposal Acres Proposed 204.6. Unnamed tributary to Whitely Creek, classified for the following use(s): TSF. The application was considered administratively complete on September 3, 2014. Application received August 30, 2012.

17921603 and NPDES No. PA0214612. Greenwood Processing & Loading Complex, LLC, (1340 Hoyt Road, Curwensville, PA 16833). To renew the permit for the Bells Landing Tipple in Greenwood Township, Clearfield County and related NPDES permit. No additional discharges. The application was considered administratively complete on September 4, 2014. Application received February 18, 2014.

Knox District Mining Office: P. O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191

33080106. Amerikohl Mining, Inc. (202 Sunset Drive, Butler, PA 16001). Renewal of an existing bituminous surface mine in Young Township, Jefferson County affecting 100 acres. This renewal is for reclamation only. Receiving streams: Five unnamed tributaries to Little Elk Run and Little Elk Run, classified for the following uses: CWF. There are no potable surface water supply intakes within 10 miles downstream. Application received: September 4, 2014.

Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200

17714022 and NPDES PA0611034. A.W. Long Coal Company (127 Logan Street, Philipsburg, PA 16866). Permit renewal for the continued operation and restoration of a bituminous surface mine in Morris Township, Clearfield County affecting 149.6 acres. Receiving streams: Hawk Run and Moshannon Creek, classified for the following uses: Cold Water Fishes. There are no potable water supply intakes within 10 miles downstream. Application received: September 2, 2014.

Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118

Permit No. 5488201R5. Blaschak Coal Corp., (PO Box 12, Mahanoy City, PA 17948), renewal of an existing anthracite coal refuse reprocessing and preparation plant operation in Pine Grove Township, Schuylkill County affecting 61.4 acres, receiving stream: Swatara Creek, classified for the following use: cold water fishes. Application received: August 19, 2014.

Permit No. 54840106R6 and GP104R. City of Philadelphia, 21 South 12th Street, Philadelphia, PA 19107), renewal of an existing anthracite surface mine, coal refuse reprocessing and refuse disposal operation in West Mahanoy and Butler Townships, Schuylkill County affecting 447.63 acres, receiving streams: Shenandoah and Mahanoy Creeks, classified for the following use: cold water fishes. Application received: August 21, 2014.

Noncoal Applications Received

New Stanton District Office: 131 Broadview Road, New Stanton, PA 15672, 724-925-5500

2969BSM24 and NPDES Permit No. PA0252018. Potato Ridge, LLC (520 West Short Street, Lexington, KY 40507). NPDES renewal application for continued mining to an existing large noncoal surface mine, located in Stewart Township, Fayette County, affecting 169.8 acres. Receiving stream: unnamed tributary to Laurel Run, classified for the following use: HQ-CWF. There is no potable water supply intake within 10 miles downstream from the point of discharge. Renewal application received: August 27, 2014.

Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118

Permit No. 64142501 and NPDES Permit No. PA0225509. Robert A. Coleman, (PO Box 3, Susquehanna, PA 18847), commencement, operation and restoration of a General Permit for Bluestone (GP105) and NPDES Permit for discharge of treated mine drainage in Scott Township, Wayne County affecting 9.6 acres, receiving stream: unnamed tributary to Balls Creek, classified for the following uses: HQ—cold water and warm water fishes. Application received: August 15, 2014.

Permit No. 64142802 and NPDES Permit No. PA0225517. Robert A. Coleman, (PO Box 3, Susquehanna, PA 18847), commencement, operation and restoration of a quarry operation and NPDES Permit for discharge of treated mine drainage in Scott Township, Wayne County affecting 3.0 acres, receiving stream: unnamed tributary to Balls Creek, classified for the following uses: HQ—cold water and warm water fishes. Application received: August 15, 2014.

MINING ACTIVITY NPDES DRAFT PERMITS

 This notice provides information about applications for a new, amended or renewed NPDES permits associated with mining activity (coal or noncoal) permits. The applications concern industrial waste (mining) discharges to surface water and discharges of stormwater associated with mining activities. This notice is provided in accordance with 25 Pa. Code Chapters 91 and 92a and 40 CFR Part 122, implementing provisions of The Clean Streams Law (35 P. S. §§ 691.1—691.1001) and the Federal Clean Water Act (33 U.S.C.A. §§ 1251—1376).

 The Department of Environmental Protection (Department) has prepared a draft NPDES permit and made a tentative determination to issue the NPDES permit in conjunction with the associated mining activity permit.

Effluent Limits for Coal Mining Activities

 For coal mining activities, NPDES permits, when issued, will contain effluent limits that are the more stringent of technology-based (BAT) effluent limitations or Water Quality Based Effluent Limits (WQBEL).

 The BAT limits for coal mining activities, as provided in 40 CFR Part 434 and 25 Pa. Code Chapters 87—90 are as follows:

30-Day Daily Instantaneous
Parameter Average Maximum Maximum
Iron (Total) 3.0 mg/l 6.0 mg/l 7.0 mg/l
Manganese (Total) 2.0 mg/l 4.0 mg/l 5.0 mg/l
Suspended solids 35 mg/l 70 mg/l 90 mg/l
pH* greater than 6.0; less than 9.0
Alkalinity greater than acidity*
*The parameter is applicable at all times.

 In addition, the Department imposes a technology-based aluminum limit of 2.0 mg/l (30 day average) to protect stream uses.

 A settleable solids instantaneous maximum limit of 0.5 ml/l applies to: surface runoff (resulting from a precipitation event of less than or equal to a 10-year 24-hour event) from active mining areas; active areas disturbed by coal refuse disposal activities; mined areas backfilled and revegetated; and all other discharges and drainage (resulting from a precipitation event of greater than 1-year 24-hour to less than or equal to a 10-year 24-hour event) from coal refuse disposal piles. Similarly, modified BAT limits apply to iron, manganese and suspended solids in surface runoff, discharges and drainage resulting from these precipitation events and those of greater magnitude in accordance with 25 Pa. Code §§ 87.102, 88.92, 88.187, 88.292, 89.52 and 90.102.

 Exceptions to BAT effluent limits may be applicable in accordance with 25 Pa. Code §§ 87.102, 88.92, 88.187, 88.292, 89.52 and 90.102.

Effluent Limits for Noncoal Mining Activities

 The BAT limits for noncoal mining activities as provided in 40 CFR Part 436 and 25 Pa. Code Chapter 77 are as follows:

30-day Daily Instantaneous
Parameter Average Maximum Maximum
Suspended solids 35 mg/l 70 mg/l 90 mg/l
Alkalinity exceeding acidity*
pH* greater than 6.0; less than 9.0
* The parameter is applicable at all times.

 Discharges from noncoal mines located in some geologic settings (for example, in the coal fields) may require additional water quality based effluent limits. If additional effluent limits are needed for an NPDES permit associated with a noncoal mining permit, then the permit description specifies the parameters.

 In addition to BAT or WQBEL limits, coal and noncoal NPDES permits establish effluent limitations in the form of implemented Best Management Practices (BMPs) identified in the associated Erosion and Sedimentation Plan, the Reclamation Plan and the NPDES permit application. These BMPs restrict the rates and quantities of associated pollutants from being discharged into surface waters in this Commonwealth.

 More restrictive effluent limitations, restrictions on discharge volume or restrictions on the extent of mining that may occur are incorporated into an NPDES permit when necessary for compliance with water quality standards and antidegradation requirements (in accordance with 25 Pa. Code Chapters 91—96).

 The procedures for determining the final effluent limits, using a mass-balance equation or model, are found in Technical Guidance Document 362-0600-001, NPDES Program Implementation—Memorandum of Understanding (MOU) Concerning Water Quality Management, NPDES Program Implementation, and Related Matters. Other specific factors to be considered include public comments and Total Maximum Daily Load(s). Additional discharge limitations may apply in the event that unexpected discharges occur.

 Discharge rates for surface mining activities are precipitation driven. Discharge rates for proposed discharges associated with underground mining are noted in the permit description.

 Persons wishing to comment on an NPDES draft permit should submit a written statement to the Department at the address of the district mining office indicated before each draft permit within 30 days of this public notice. Comments received within the comment period will be considered in the final determinations regarding the NPDES permit applications. Comments must include the name, address and telephone number of the writer and a concise statement to inform the Department of the exact basis of a comment and the relevant facts upon which it is based.

 The Department will also accept requests or petitions for a public hearing on NPDES permit applications, as provided in 25 Pa. Code § 92a.82(d). The request or petition for a public hearing shall be filed within 30 days of this public notice and contain the name, address, telephone number and the interest of the party filing the request, and state the reasons why a hearing is warranted. A public hearing may be held if the Department considers the public interest significant. If a hearing is scheduled, a notice of the hearing on the NPDES permit application will be published in the Pennsylvania Bulletin and a newspaper of general circulation within the relevant geographical area. When a public hearing is held, the Department will consider comments from the public hearing in the final determination on the NPDES permit application.

Coal NPDES Draft Permits

California District Office: 25 Technology Drive, Coal Center, PA 15423, 724.769.1100

NPDES No. PA0213438 (Mining Permit No. 30841307), Emerald Coal Resources, LP, (158 Portal Road, PO Box 1020, Waynesburg, PA 15370). A revision to the renewed permit issued on September 26, 2013 for the Emerald No. 1 Mine in Franklin Township, Greene County. This NPDES draft permit is also being published in compliance with 25 Pa. Code § 92a.88, as a result of a settlement of an Environmental Hearing Board appeal at the EHB Docket No. 2013-182-M. Surface Acres Affected 566.38, Underground Acres Affected 23,778.35. Receiving stream: South Fork Tenmile Creek, classified for the following use: WWF Monongahela River. Receiving stream: UNT Smith Creek, classified for the following use: WWF Monongahela River. Receiving stream: UNT Laurel Run, classified for the following use: WWF Monongahela River. Receiving stream: UNT Coal Lick Run, classified for the following use: WWF Monongahela River. Receiving stream: UNT Frosty Run, classified for the following use: TSF Monongahela River. Receiving stream: Grimes Run, classified for the following use: WWF Monongahela River. Receiving stream: UNT Toll Gate Run, classified for the following use: WWF Monongahela River.

 Unless otherwise noted for a specific outfall, the proposed effluent limits for all outfalls in this permit are the BAT limits described above for coal mining activities.

 * The following limits apply to dry weather discharges from the stormwater facility.

 ** The following limitations apply to discharges from stormwater facilities resulting from precipitation events less than or equal to the 10-year/24-hour precipitation event.

Outfall 002 discharges to: South Fork Tenmile Creek

 The proposed effluent limits for Outfall 002 (Lat: 39° 53` 49.2" Long: 80° 11` 50.4") are:

30-Day Daily Instant.
Parameter Minimum Average Maximum Maximum
Flow (mgd) - - -
Iron (mg/l) 1.5 3.0 3.8
Manganese (mg/l) 1.0 2.0 2.5
Aluminum (mg/l) 0.75 0.75 0.75
Total Suspended Solids (mg/l) 35 70 90
Osmotic Pressure (mOs/kg) 50 50 50
Chlorides (mg/l) 567 1133 1416
Sulfates (mg/l) 250 250 250
Total Dissolved Solids (mg/l) 500 779 974
Selenium (mg/l) - - REPORT

Outfall 003* discharges to: South Fork Tenmile Creek

 The proposed effluent limits for Outfall 003* (Lat: 39° 53` 49" Long: 80° 11` 53.9") are:

30-Day Daily Instant.
Parameter Minimum Average Maximum Maximum
Flow (mgd) - - -
Iron (mg/l) 3.0 6.0 7.0
Manganese (mg/l) 2.0 4.0 5.0
Aluminum (mg/l) - - REPORT
Total Suspended Solids (mg/l) 35 70 90
Total Settleable Solids (ml/l) - - REPORT
Sulfates (mg/l) - - REPORT
Total Dissolved Solids (gm/l) - - -

Outfall 003** discharges to: South Fork Tenmile Creek

 The proposed effluent limits for Outfall 003** (Lat: 39° 53` 49" Long: 80° 11` 53.9") are:

30-Day Daily Instant.
Parameter Minimum Average Maximum Maximum
Flow (mgd) - - -
Iron (mg/l) - - 7.0
Total Settleable Solids (ml/l) - - 0.5

Outfall 004* discharges to: UNT Smith Creek

 The proposed effluent limits for Outfall 004* (Lat: 39° 53` 14" Long: 80° 11` 33") are:

30-Day Daily Instant.
Parameter Minimum Average Maximum Maximum
Flow (mgd) - - -
Iron (mg/l) 3.0 6.0 7.0
Manganese (mg/l) 2.0 4.0 5.0
Aluminum (mg/l) - - REPORT
Total Suspended Solids (mg/l) 35 70 90
Sulfates (mg/l) - - REPORT
Total Dissolved Solids (mg/l) - - REPORT

Outfall 004** discharges to: UNT Smith Creek

 The proposed effluent limits for Outfall 004** (Lat: 39° 53` 14" Long: 80° 11` 33") are:

30-Day Daily Instant.
Parameter Minimum Average Maximum Maximum
Flow (mgd) - - -
Iron (mg/l) - - 7.0
Total Settleable Solids (ml/l) - - 0.5

Outfall 012* discharges to: UNT Laurel Run

 The proposed effluent limits for Outfall 012* (Lat: 39° 52` 38.5" Long: 80° 09` 59.7") are:

30-Day Daily Instant.
Parameter Minimum Average Maximum Maximum
Flow (mgd) - - -
Iron (mg/l) 3.0 6.0 7.0
Manganese (mg/l) 2.0 4.0 5.0
Aluminum (mg/l) - - REPORT
Total Suspended Solids (mg/l) 35 70 90
Sulfates (mg/l) - - REPORT
Chlorides (mg/l) - - REPORT
Total Dissolved Solids (mg/l) - - -

Outfall 012** discharges to: UNT Laurel Run

 The proposed effluent limits for Outfall 012** (Lat: 39° 52` 38.5" Long: 80° 09` 59.7") are:

30-Day Daily Instant.
Parameter Minimum Average Maximum Maximum
Flow (mgd) - - -
Iron (mg/l) - - 7.0
Total Settleable Solids (ml/l) - - 0.5

Outfall 013* discharges to: UNT Coal Lick Run

 The proposed effluent limits for Outfall 013* (Lat: 39° 52` 23.1" Long: 80° 07` 34.3") are:

30-Day Daily Instant.
Parameter Minimum Average Maximum Maximum
Flow (mgd) - - -
Iron (mg/l) 3.0 6.0 7.0
Manganese (mg/l) 2.0 4.0 5.0
Aluminum (mg/l) - - REPORT
Total Suspended Solids (mg/l) 35 70 90
Sulfates (mg/l) - - REPORT
Total Dissolved Solids (mg/l) - - REPORT

Outfall 013** discharges to: UNT Coal Lick Run

 The proposed effluent limits for Outfall 013** (Lat: 39° 52` 23.1" Long: 80° 07` 34.3") are:

30-Day Daily Instant.
Parameter Minimum Average Maximum Maximum
Flow (mgd) - - -
Iron (mg/l) - - 7.0
Total Settleable Solids (ml/l) - - 0.5

Outfall 016* discharges to: UNT Frosty Run

 The proposed effluent limits for Outfall 016* (Lat: 39° 52` 11" Long: 80° 05` 15") are:

30-Day Daily Instant.
Parameter Minimum Average Maximum Maximum
Flow (mgd) - - -
Iron (mg/l) 3.0 6.0 7.0
Manganese (mg/l) 2.0 4.0 5.0
Aluminum (mg/l) - - REPORT
Total Suspended Solids (mg/l) 35 70 90
Sulfates (mg/l) - - REPORT
Total Dissolved Solids (mg/l) - - REPORT

Outfall 016** discharges to: UNT Frosty Run

 The proposed effluent limits for Outfall 016** (Lat: 39° 52` 11" Long: 80° 05` 15") are:

30-Day Daily Instant.
Parameter Minimum Average Maximum Maximum
Flow (mgd) - - -
Iron (mg/l) - - 7.0
Total Settleable Solids (ml/l) - - 0.5

Outfall 017* discharges to: Grimes Run

 The proposed effluent limits for Outfall 017* (Lat: 39° 54` 16" Long: 80° 09` 06") are:

30-Day Daily Instant.
Parameter Minimum Average Maximum Maximum
Flow (mgd) - - -
Iron (mg/l) 3.0 6.0 7.0
Manganese (mg/l) 2.0 4.0 5.0
Aluminum (mg/l) - - REPORT
Total Suspended Solids (mg/l) 35 70 90
Sulfates (mg/l) - - REPORT
Total Dissolved Solids (mg/l) - - REPORT

Outfall 017** discharges to: Grimes Run

 The proposed effluent limits for Outfall 017** (Lat: 39° 54` 16" Long: 80° 09` 06") are:

30-Day Daily Instant.
Parameter Minimum Average Maximum Maximum
Flow (mgd) - - -
Iron (mg/l) - - 7.0
Settleable Solids (ml/l) - - 0.5

Outfall 018* discharges to: UNT Toll Gate Run

 The proposed effluent limits for Outfall 018* (Lat: 39° 54` 47" Long: 80° 12` 16") are:

30-Day Daily Instant.
Parameter Minimum Average Maximum Maximum
Flow (mgd) - - -
Iron (mg/l) 3.0 6.0 7.0
Manganese (mg/l) 2.0 4.0 5.0
Aluminum (mg/l) - - REPORT
Total Suspended Solids (mg/l) 35 70 90
Sulfates (mg/l) - - REPORT
Total Dissolved Solids (mg/l) - - REPORT

Outfall 018** discharges to: UNT Toll Gate Run

 The proposed effluent limits for Outfall 018** (Lat: 39° 54` 47" Long: 80° 12` 16") are:

30-Day Daily Instant.
Parameter Minimum Average Maximum Maximum
Flow (mgd) - - -
Iron (mg/l) - - 7.0
Settleable Solids (ml/l) - - 0.5

 Additionally, Part B, Section 7, Special Conditions of the NPDES draft permit contains the following language regarding the Compliance Schedule:

 7. Compliance Schedule

 (a) Effluent limitations for sulfates, osmotic pressure, chlorides and total dissolved solids set in Part A are assigned to protect the receiving stream uses designated in the Department's rules and Regulations.

 (b) The permittee shall achieve compliance with the discharge limitations for sulfates, osmotic pressure, chlorides and total dissolved solids, according to the following compliance schedule:

1. Complete preliminary engineering and design of selected treatment facility. February 14, 2014
2. Submit complete application(s) for necessary permitting for the treatment system, excluding a Water Quality Management (WQM) permit application to DEP. April 25, 2014
3. Submit Mining and NPDES permit applications for modification of Cumberland and Emerald mining operations to reflect collection of wastewater for treatment and discharge to Monongahela River October 1, 2014
4. Complete final engineering and design and submit a complete WQM permit application to DEP. November 21, 2014
5. Initiate construction of permitted treatment facility. 30 Days Following DEP's Issuance of WQM Permit
6. Achieve mechanical completion of construction of the treatment system. For purposes of this milestone, ''mechanical completion'' shall mean that the treatment system has been constructed and the equipment has been installed such that the plant is ready to begin commissioning. April 22, 2016
7. Complete the commissioning stage of the treatment system construction during which equipment shall be tested and adjusted as necessary to ensure that the treated discharge consistently meets effluent limits and complete training of treatment system operators in proper operation of the plant to ensure that the treated discharge consistently meets effluent limits. September 15, 2016
8 Achieve compliance with final effluent limitations. October 1, 2016

 (c) No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit to DEP a written notice of compliance or non-compliance with the specific schedule requirement. Each notice of non-compliance shall include the following information:

 1. A short description of the non-compliance.

 2. A description of any actions taken or proposed by the permittee to comply with the elapsed schedule requirement.

 3. A description of any factors which tend to explain or mitigate the non-compliance.

 4. An estimate of the date that compliance with the elapsed schedule requirement will be achieved and an assessment of the probability that the next scheduled requirement will be met on time.

NPDES No. PA0215724 (Mining Permit No. 30753712), Emerald Coal Resources, (158 Portal Road, PO Box 1020, Waynesburg, PA 15370). A revision to the renewed NPDES permit issued on June 13, 2013 for the Emerald Mine No. 1 CRDA No. 1 in Franklin Township, Greene County. This NPDES draft permit is also being published in compliance with the 25 Pa. Code § 92a.88, as a result of a settlement of an Environmental Hearing Board appeal at the EHB Docket No. 2013-101.M. Surface Acres Affected 176.8. Receiving stream: UNT Smith Creek, classified for the following use: WWF. Monongahela River. The application was considered administratively complete on September 5, 2014. Application received September 5, 2014.

 Unless otherwise noted for a specific outfall, the proposed effluent limits for all outfalls in this permit are the BAT limits described above for coal mining activities.

Outfall 001 discharges to: UNT Smith Creek

 The proposed effluent limits for Outfall 001 (Lat: 39° 53` 04" Long: 80° 11` 47") are:

30-Day Daily Instant.
Parameter Minimum Average Maximum Maximum
Flow (mgd) - - -
Iron (mg/l) 1.5 3.0 3.8
Manganese (mg/l) 1.0 2.0 2.5
Aluminum (mg/l) 0.75 0.75 0.75
Suspended Solids (mg/l) 35 70 90
Osmotic Pressure (mos/kg) 50 50 50
Sulfates (mg/l) 250 250 250
Chlorides (mg/l) 179 358 448
Total Dissolved Solids (mg/1) 500 778 1255
Selenium (mg/1) - - REPORT

 Additionally, Part B, Section 7, Special Conditions of the NPDES draft permit contains the following language regarding the Compliance Schedule:

 7. Compliance Schedule

 (d) Effluent limitations for sulfates, osmotic pressure, chlorides and total dissolved solids set in Part A are assigned to protect the receiving stream uses designated in the Department's rules and Regulations.

 (e) The permittee shall achieve compliance with the discharge limitations for sulfates, osmotic pressure, chlorides and total dissolved solids, according to the following compliance schedule:

1. Complete preliminary engineering and design of selected treatment facility. February 14, 2014
2. Submit complete application(s) for necessary permitting for the treatment system, excluding a Water Quality Management (WQM) permit application to DEP. April 25, 2014
3. Submit Mining and NPDES permit applications for modification of Cumberland and Emerald mining operations to reflect collection of wastewater for treatment and discharge to Monongahela River October 1, 2014
4. Complete final engineering and design and submit a complete WQM permit application to DEP. November 21, 2014
5. Initiate construction of permitted treatment facility. 30 Days Following DEP's Issuance of WQM Permit
6. Achieve mechanical completion of construction of the treatment system. For purposes of this milestone, ''mechanical completion'' shall mean that the treatment system has been constructed and the equipment has been installed such that the plant is ready to begin commissioning. April 22, 2016
7. Complete the commissioning stage of the treatment system construction during which equipment shall be tested and adjusted as necessary to ensure that the treated discharge consistently meets effluent limits and complete training of treatment system operators in proper operation of the plant to ensure that the treated discharge consistently meets effluent limits. September 15, 2016
8 Achieve compliance with final effluent limitations. October 1, 2016

 (f) No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit to DEP a written notice of compliance or non-compliance with the specific schedule requirement. Each notice of non-compliance shall include the following information:

 5. A short description of the non-compliance.

 6. A description of any actions taken or proposed by the permittee to comply with the elapsed schedule requirement.

 7. A description of any factors which tend to explain or mitigate the non-compliance.

 8. An estimate of the date that compliance with the elapsed schedule requirement will be achieved and an assessment of the probability that the next scheduled requirement will be met on time.

Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, 814-472-1900

NPDES No. PA0269417 (Mining Permit No. 56130104), Fieg Brothers, 3070 Stoystown Road, Stoystown, PA 15563, new NPDES permit for a surface coal mine operation in Stonycreek Township, Somerset County, affecting 86.5 acres. Receiving stream: unnamed tributary to Stonycreek River, classified for the following use: cold water fishery. This receiving stream is included in the Kiski-Conemaugh TMDL. Application received: April 11, 2014.

 Unless otherwise noted for a specific outfall, the proposed effluent limits for all outfalls in this permit are the BAT limits described above for coal mining activities.

 The outfalls listed below discharge to an unnamed tributary to Stonycreek River:

Outfall No. New Outfall (Y/N)
003—Treatment Pond 1 Y
004—Treatment Pond 2 Y

 The proposed effluent limits for the above listed outfalls are as follows:

Outfalls: 003 and 004 30-Day Daily Instant.
Parameter Average Maximum Maximum
Iron (mg/l) 1.8 3.6 4.2
Manganese (mg/l) 2.0 4.0 5.0
Aluminum (mg/l) 2.0 2.0 2.5
Total Suspended Solids (mg/l) 35.0 70.0 90.0
pH (S.U.): Must be between 6.0 and 9.0 standard units at all times
Alkalinity must exceed acidity at all times
Outfall No. New Outfall (Y/N)
001—Sediment Pond A Y
002—Sediment Pond B Y

 The proposed effluent limits for the above listed outfalls are as follows:

Outfalls: 001 and 002 30-Day Daily Instant.
Parameter Average Maximum Maximum
Iron (mg/l) 1.8 3.6 4.2
Manganese (mg/l) 2.0 4.0 5.0
Aluminum (mg/l) 1.0 2.0 2.5
Total Suspended Solids (mg/l) 35.0 70.0 90.0

Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200

NPDES No. PA0256277 (Mining Permit No. 17050108), King Coal Sales, Inc., P. O. Box 712, Philipsburg, PA 16866, revision of an NPDES permit for bituminous coal surface mining permit in Graham Township, Clearfield County, affecting 91.2 acres. Receiving stream(s): Moravian Run, classified for the following use(s): CWF—part of the West Branch Susquehanna River Watershed TMDL. NPDES revision application received: January 30, 2014.

 Unless otherwise noted for a specific outfall, the proposed effluent limits for all outfalls in this permit are the BAT limits described above for coal mining activities.

 The outfall listed below discharges to: Moravian Run.

Outfall No. New Outfall (Y/N)
LD-1 Y

 The proposed effluent limits for the above listed outfall(s) are as follows:

30-Day Daily Instant
Parameter Minimum Average Maximum Maximum
pH1 (S.U.) 6.0 9.0
Iron (mg/l) 3.0 6.0 7.0
Manganese (mg/l) 2.0 4.0 5.0
Aluminum (mg/l) 3.3 3.3 3.3
Alkalinity greater than acidity1
1 The parameter is applicable at all times.

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