[48 Pa.B. 1566]
[Saturday, March 17, 2018]
[Continued from previous Web Page]
ACTIONS ON COAL AND NONCOAL MINING ACTIVITY APPLICATIONS
Actions on 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; 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). The final action on each application also constitutes action on the NPDES permit application and, if noted, the request for a Section 401 Water Quality Certification. Mining activity permits issued in response to applications will also address the application permitting requirements of the following statutes: the Air Quality Pollution Act (35 P.S. §§ 4001—4014); the Dam Safety and Encroachments Act (32 P.S. §§ 693.1—693.27); and the Solid Waste Management Act (35 P.S. §§ 6018.101—6018.1002).
Coal Permits Issued
California District Office: 25 Technology Drive, Coal Center, PA 15423, 724-769-1100.
32803712 and NPDES No. PA0092142. Consol Mining Company LLC, (1000 Consol Energy Drive, Canonsburg, PA 15317). To renew the permit for the Lewisville Recovery Plant in Young and Blacklick Townships, Indiana County. No additional discharges. The application was considered administratively complete on April 14, 2016. Application received: September 16, 2015. Permit issued: February 26, 2018.
32841302 and NPDES No. PA0007803. Rosebud Mining Company, (301 Market Street, Kittanning, PA 16201). To renew the permit for the Greenwich North # 1/South # 2 Mine in Green and Montgomery Townships, Indiana County and Susquehanna Township, Cambria County. No additional discharges. The application was considered administratively complete on June 8, 2016. Application received: December 21, 2015. Permit issued: February 27, 2018.
Noncoal Permits Issued
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, 814-472-1900.
PAM418010-GP104. Troy A. Crist, 2496 North Imler Valley Road, Imler, PA 16655 General NPDES Permit for stormwater discharges associated with mining activities on Non-Coal Permit No. 05090801 located in Kimmel Township, Bedford County. Receiving stream: Beaver Dam Creek classified for the following uses: warm water fishes, Migratory Fishes. There are no potable water supplies located within 10 miles downstream. Notice of Intent for Coverage received: January 31, 2018. Coverage Approved: February 27, 2018.
Knox District Mining Office: P.O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191.
16970307. Terra Works, Inc. (49 South Sheridan Road, Clarion, PA 16214) Renewal of existing NPDES Permit No. PA0227609 in Beaver, Richland & Licking Townships, Clarion County. Receiving streams: Unnamed tributary to Turkey Run. Application received: November 21, 2017. Permit Issued: February 26, 2018.
33020303. Glen-Gery Corporation (1166 Spring Street, P.O. Box 7001, Reading, PA 19610) Renewal of existing NPDES Permit No. PA0242144 in Oliver Township, Jefferson County. Receiving streams: Unnamed tributary to Little Sandy Creek. Application received: November 28, 2017. Permit Issued: February 26, 2018.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200.
PAM217021. Cynthia E. Russell (2640 Greenville Pike, Grampian, PA 16838), hereby approves the Notice of Intent (NOI) submitted for coverage to discharge stormwater associated with Small Noncoal Permit 17062808 to the following surface water(s) in Pike Township, Clearfield County. Receiving stream(s): Unnamed Tributary to Anderson Creek. Application received: October 2, 2017. Permit Issued: February 22, 2018.
New Stanton District Office: 131 Broadview Road, New Stanton, PA 15672, 724-925-5500.
NPDES Permit No. PA03052001. M & M Lime Company, Inc. (215 Nichola Road, Worthington, PA 16262). Permit issued for commencement, operation and restoration of a large noncoal surface mine, located in West Franklin and Clearfield Townships, Armstrong and Butler Counties, affecting 77.4 acres. Receiving streams: Unnamed tributary to Buffalo Creek. Application received: July 3, 2014. Permit issued: March 2, 2018.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 58170808. Baltazar Loja, (456 High Hill Road, Great Bend, PA 18821), commencement, operation and restoration of a quarry operation in Liberty Township, Susquehanna County affecting 5.0 acres, receiving stream: unnamed tributary to Rhiney Creek. Application received: May 3, 2017. Permit issued: February 27, 2018.
Permit No. PAM117020. Baltazar Loja, (456 High Hill Road, Great Bend, PA 18821), General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 58170808. Application received: May 3, 2017. Permit issued: February 27, 2018.
Permit No. 06880302C6 and NPDES Permit No. PA0225754. Rolling Rock Building Stone, Inc., (40 Rolling Rock Road, Boyertown, PA 19512), correction to an existing quarry operation to decrease the permitted acres from 426.5 acres to 411.8 acres and add an NPDES Permit for discharge of treated mine drainage in Pike and District Townships, Berks County, receiving stream: Oysterville Creek. Application received: August 18, 2017. Correction issued: February 28, 2018.
ACTIONS ON BLASTING ACTIVITY APPLICATIONS
Actions on applications under the Explosives Acts of 1937 and 1957 and 25 Pa. Code § 211.124. Blasting activity performed as part of a coal or noncoal mining activity will be regulated by the mining permit for that coal or noncoal mining activity.
Blasting Permits Issued
New Stanton District Office: 131 Broadview Road, New Stanton, PA 15672, 724-925-5500.
63184001. Hilltop Energy, Inc. (6978 Lindentree Road NE, Mineral City, OH 44656). Blasting activity permit for construction, located in Cecil/South Fayette Township, Washington/Allegheny County with an expiration date of December 31, 2018. Blasting permit issued: December 1, 2019.
FEDERAL WATER POLLUTION CONTROL ACT SECTION 401 The Department has taken the following actions on previously received permit applications, requests for Environmental Assessment approval and requests for Water Quality Certification under section 401 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.A. § 1341).
Except as otherwise noted, the Department has granted 401 Water Quality Certification certifying that the construction and operation described will comply with sections 301—303, 306 and 307 of the FWPCA (33 U.S.C.A. §§ 1311—1313, 1316 and 1317) and that the construction will not violate applicable Federal and State water quality standards.
Persons aggrieved by an action may appeal that action to the Environmental Hearing Board (Board) under section 4 of the Environmental Hearing Board Act and 2 Pa.C.S. §§ 501—508 and 701—704. The appeal should be sent to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P.O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Board through the Pennsylvania AT&T Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary to the Board at (717) 787-3483. This paragraph does not, in and of itself, create a right of appeal beyond that permitted by applicable statutes and decisional law.
For individuals who wish to challenge an action, the appeal must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board.
Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.
Actions on applications for the following activities filed under the Dam Safety and Encroachments Act (32 P.S. §§ 693.1—693.27), section 302 of the Flood Plain Management Act (32 P.S. § 679.302) and The Clean Streams Law and Notice of Final Action for Certification under section 401 of the FWPCA.
Permits, Environmental Assessments and 401 Water Quality Certifications Issued:
WATER OBSTRUCTIONS AND ENCROACHMENTS Northeast Regional Office, Waterways and Wetlands Program, 2 Public Square, Wilkes-Barre, PA 18701-1915, Telephone 570-826-2511.
E54-363. Schuylkill County Conservation District, 1206 AG Center Drive, Pottsville, PA 17901. Pine Grove Borough and Pine Grove Township, Schuylkill County, Army Corps of Engineers Baltimore District.
To construct and maintain a floodplain restoration project in a 2,500-foot reach of Swatara Creek (CWF, MF) in order to create approximately 10.5 acres of floodplain and 5.38 acres of wetland habitat varying in depth and elevation. Work will include excavation and re-grading in various areas of the floodway, floodplain and embankments, reconfiguration of the existing water supply pond, 4 step pools, 3 weirs and spillways, various plantings and wildlife enhancement features. Also included is the replacement of a portion of a 14-inch DIP waterline, a new 12-inch PVC sanitary sewer line, manholes and laterals, a new outfall with headwall and rip rap apron, the removal of various utility poles, relocation of one utility pole and electric transmission line and reconstruction of the existing access driveway. The project will permanently impact 1.55 acre of wetlands and the permittee is required to provide 5.38 acres of replacement wetlands. The project begins approximately 1,000 feet upstream from where Swatara Creek (CWF, MF) intersects East Pottsville Street and extends upstream from that point for approximately 2,500 linear feet. (Pine Grove, PA Quadrangle Latitude: 40°33`37"; Longitude: -76°23`24").
Southcentral Region: Waterways & Wetlands Program, 909 Elmerton Avenue, Harrisburg, PA 17110, Ed Muzic, Section Chief, 717.705.4802.
E06-716: Birdsboro Power, LLC, P.O. Box 314, Birdsboro, PA 19508-2056 in Birdsboro Borough and Robeson, Union, and Exeter Townships, Berks County, U.S. Army Corps of Engineers Philadelphia District (Birdsboro, PA Quadrangle, Latitude: 40°16`39", Longitude: -75°49`53").
The applicant proposes to:
1) Remove the existing terminal section of outfall pipe and abandon the remaining outfall pipe in place and install and maintain a 24-inch diameter RCP culvert outfall in the same location and repair existing outfall apron, permanently impacting 8 feet of the Schuylkill River (WWF, MF) (Latitude: 40.270561, -75.800347).
2) Repair and maintain an existing 30-inch RCP outfall with concrete and riprap apron permanently impacting 6 linear feet of the Schuylkill River (WWF, MF) (Latitude: 40.270294, Longitude: -75.796441).
3) Repair and rehabilitate the existing 36-inch diameter outfall culvert by re-connecting the pipe and restoring the embankment, installing a flap-gate and end-wall, and installing a R5 riprap apron permanently impacting 40 feet of the Schuylkill River (WWF, MF) (Latitude: 40.270118, Longitude: -75.793983).
4) Construct and maintain an aerial electric transmission line attached to single poles over and across the Schuylkill River (WWF, MF) and its floodway (Latitude: 40.270326, Longitude: -75.805442).
5) Construct and maintain an aerial electric transmission line attached to single poles over, across, and impacting 0.02 acre of a Palustrine Forested (PFO) wetland (Latitude: 40.274425, Longitude: -75.823518).
6) Construct and maintain an underground electric transmission duct bank containing four (4) 8-inch conduits and two (2) 2-inch conduits, in and across an Unnamed Tributary to the Schuylkill River (WWF, MF) and the floodway associated with this stream and two other UNTs to the Schuylkill River (Latitude: 40.276083, Longitude: -75.827578).
7) Construct and maintain an underground electric transmission duct bank containing four (4) 8-inch conduits and two (2) 2-inch conduits, in and across, and impacting 0.01 acre of a Palustrine Emergent (PEM) wetland (Latitude: 40.276083, Longitude: -75.827578).
8) Construct and maintain an aerial electric transmission line attached to single poles in, along, and over the floodway of the Schuylkill River (WWF, MF) while generally paralleling the river from approximately Latitude: 40.276649, Longitude: -75.836552 to Latitude: 40.278556, Longitude: -75.844718.
9) Construct and maintain a temporary access road in and along the floodway of the Schuylkill River (WWF, MF) (Latitude: 40.276435, Longitude: -75.839302).
10) Construct and maintain a temporary access road in and along the floodway of the Schuylkill River (WWF, MF) (Latitude: 40.276891, Longitude: -75.841665).
11) Construct and maintain a temporary access road in and along the floodway of the Schuylkill River (WWF, MF) (Latitude: 40.277423, Longitude: -75.843792).
12) Construct and maintain an aerial electric transmission line attached to single poles over and across the Schuylkill River (WWF, MF) and its floodway (Latitude: 40.277613, Longitude: -75.846558).
13) Construct and maintain an underground duct bank containing four (4) 8-inch PVC conduits and two (2) 2-inch conduits in and across an Unnamed Tributary to the Schuylkill River (WWF, MF) and its floodway (Latitude: 40.277414, Longitude: -75.849418).
14) Construct and maintain an underground duct bank containing four (4) 8-inch PVC conduits and two (2) 2-inch conduits in and across an Unnamed Tributary to the Schuylkill River (WWF, MF) and its floodway (Latitude: 40.278305, Longitude: -75.851633).
15) Construct and maintain a temporary access road in and along the floodway of an Unnamed Tributary to the Schuylkill River (WWF, MF) (Latitude: 40.278626, Longitude: -75.83876).
16) Construct and maintain a temporary access road in and across and impacting 0.01 acre of a PEM wetland (Latitude: 40.277472, Longitude: -75.837971).
17) Construct and maintain two single poles in the floodway of the Schuylkill River (WWF, MF) (Latitude: 40.28565, Longitude: -75.858499). The purpose of the project is to construct and maintain a natural gas-fired combined cycle power plant and a 3.86-mile 230 Kv electric transmission line.
In addition, the project includes the following proposed activities waived in accordance with 25 Pa. Code § 105.12(a)(2) or 25 Pa. Code § 105.12(a)(3):
A) Construct and maintain an aerial electric transmission line attached to single poles over and across Hay Creek (CWF, MF) and its floodway (Latitude: 40.269772, Longitude: -75.804228).
B) Construct and maintain an aerial electric transmission line attached to single poles over and across an Unnamed Tributary to the Schuylkill River (WWF, MF) and the floodway associated with this stream and another UNT to the Schuylkill River (Latitude: 40.271655, Longitude: -75.807488).
C) Construct and maintain an aerial electric transmission line attached to single poles over, across, and impacting 0.03 acre of a Palustrine Emergent (PEM) wetland (Latitude: 40.271860, Longitude: -75.807542).
D) Construct and maintain an aerial electric transmission line attached to single poles over and across an Unnamed Tributary to the Schuylkill River (WWF, MF) and its floodway (Latitude: 40.272551, Longitude: -75.815902).
E) Construct and maintain an aerial electric transmission line attached to single poles over and across three (3) Unnamed Tributaries to the Schuylkill River (WWF, MF) and their floodways (from Latitude: 40.273678, Longitude: -75.820675 to Latitude: 40.273856, Longitude: -75.821191).
F) Construct and maintain an aerial electric transmission line attached to single poles over and across two (2) Unnamed Tributaries to the Schuylkill River (WWF, MF) and their floodways (from Latitude: 40.274633, Longitude: -75.823566 to Latitude: 40.274686, Longitude: -75.823731).
G) Construct and maintain a permanent road crossing utilizing a culvert in and along an Unnamed Tributary to the Schuylkill River (WWF, MF) impacting 25 linear feet (Latitude: 40.274709, Longitude: -75.823562).
H) Construct and maintain a permanent road crossing utilizing a culvert in and along an Unnamed Tributary to the Schuylkill River (WWF, MF) impacting 25 linear feet (Latitude: 40.274717, Longitude: -75.823882).
I) Construct and maintain an aerial electric transmission line attached to single poles over and across Heisters Creek (WWF, MF) and its floodway (Latitude: 40.277394, Longitude: -75.835416).
The permit was issued on February 28, 2018.
E06-717, DTE Midstream Appalachia, LLC, 333 Technology Drive, Canonsburg, PA 15317. Birdsboro Pipeline, in Birdsboro Borough and Union, Amity, Oley, and Rockland Townships, Berks County, ACOE Philadelphia District. The proposed project starts at Armorcast Road (Birdsboro, PA Quadrangle N: 40°, 16`, 15.98"; W: 75°, 47`, 36.79") and ends at Forgedale Road (Fleetwood, PA Quadrangle N: 40°, 24`, 38.93"; W: 75°, 45`, 38.6").
The project consists of the installation and maintenance of approximately 13.2-mile-long, 12-inch natural gas pipeline and appurtenant structures. The project impacts in Berks County include a total of 1,068 linear feet of permanent impacts to the Schuylkill River (WWF, MF), three (3) Unnamed Tributaries to the Schuylkill River (WWF, MF), nineteen (19) Unnamed Tributaries to Monocacy Creek (WWF, MF), two (2) crossings of Monocacy Creek (WWF, MF), four (4) Unnamed Tributaries to Manatawny Creek (CWF, MF), Little Manatawny Creek (CWF, MF), and an Unnamed Tributary to Little Manatawny Creek (CWF, MF), and 2.06 acres of floodway impacts, and temporarily impact 0.22 acre of floodway; 2.42 acres of permanent impacts to PEM, PFO, and PSS wetland(s). 1.07 acre of PFO and PSS wetland conversion to PSS and PEM is proposed in Berks County which will be offset by plantings and enhancement of 3.72 acres of EV PEM wetland adjacent to Bieber Creek in Oley and Pike Townships, Berks County to mitigate for the conversion of PSS and PFO wetlands. The proposed project impacts in this permit application are associated with a proposed transmission pipeline project extending approximately 13.2 miles in Pennsylvania between Birdsboro Borough, Berks County, PA and Rockland Township, Berks County, PA.
Any person aggrieved by this action may file a petition for review pursuant to Section 19(d) of the Federal Natural Gas Act, 15 U.S.C.A. § 717r(d), with the Office of the Clerk, United States Court of Appeals for the Third Circuit, 21400 U.S. Courthouse, 601 Market Street, Philadelphia, PA 19106-1790 as provided by law. Important legal rights are at stake, so you should show this document to a lawyer promptly. The permit was issued on February 28, 2018.
E06-715 and E06-718: Reading Area Water Authority, 1801 Kutztown Road, Reading, PA 19604 in Birdsboro Borough, City of Reading, and Robeson Township, Berks County, U.S. Army Corps of Engineers, Philadelphia District.
To construct and maintain a 16-inch water main permanently impacting 105 square feet of Hay Creek and its floodway (CWF, MF) and 70 square feet of Exceptional Value Palustrine Emergent Wetland Latitude 40.2663100; longitude -75.8061690. In addition, the project proposes five separate General Permit 5 registrations to install and maintain a 16 inch water permanently impacting 1) 1,500 square feet of Angelica Creek and its floodway (CWF, MF) Latitude 40.3108590; Longitude -75.9239070, 2) 19.5 square feet of a UNT to Schuylkill River and its floodway (WWF, MF) Latitude 40.2686040; Longitude -75.8228860, 3) 32.5 square feet of a UNT to Schuylkill River and its floodway (WWF, MF) Latitude 40.2687010; Longitude -75.8280380, 4) 58.5 square feet of a UNT to Schuylkill River and its floodway (WWF, MF) Latitude 42.2714150; Longitude -75.8340640, 5) 65 square feet of a UNT to Schuylkill River and its floodway (WWF, MF) Latitude 40.2682410; Longitude -75.8203460, and construct and maintain a fire hydrant impacting 1 square foot of the FEMA floodplain of Hay Creek, all for the purpose of providing water to the Birdsboro Power facility. The permits were issued on February 28, 2018.
E28-392: DCNR, Bureau of Facility Design and Construction, 8th Floor, 400 Market Street, Harrisburg, PA 17101 in Lurgan Township, Franklin County, U.S. Army Corps of Engineers Baltimore District.
To install and maintain a 35.67 foot long, 22.25 foot wide, pre-stressed concrete box beam bridge with an underclearance of 4.83 feet, concrete abutments, and guide rail over Trout Run (EV, MF) (Latitude: 40°7`58", Longitude: -77°40`33"). No wetlands will be impacted by the project. The permit was issued on March 6, 2018.
Southwest Region: Waterways & Wetlands Program, 400 Waterfront Drive, Pittsburgh, PA 15222, Dana Drake, Waterways and Wetlands Program Manager, 412-442-4000.
E02-1741, United States Steel Corporation, 400 State Street, MS # 71, Clairton, PA 15025-1855, City of Clairton, Allegheny County, Pittsburgh, ACOE District.
Has been given consent to:
The applicant proposes to remove an existing 12` long, 2` wide, 3` high, rock wall, and construct and maintain a replacement 45-foot long gabion basket retaining wall along the right descending bank of an unnamed tributary to the Monongahela River (WWF) (aka: Pine Run and/or Tributary 13 to the Monongahela River), for the purpose of stabilizing the stream bank and protecting two concrete foundations of steel pipe pier supports, for the overhead coke oven gas (COG) pipeline. The project will also permanently affect approximately 0.02 acre of floodway, and will temporarily impact an additional 57 linear feet of stream channel and an additional 0.09 acre of floodway. Mitigation is not required. The project is located near the intersection of SR 837 and Coal Valley Road, in the City of Clairton, Allegheny County (Glassport, PA Quadrangle, Latitude: 40° 19` 8"; Longitude: -79° 53` 56").
E32-490-A3, Homer City Generation, LP, 1750 Power Plant Road, Homer City, PA 15748-8009, Blacklick Township and Center Township, Indiana County, Pittsburgh ACOE District
Has been given consent to:
Place and maintain fill in 9 wetlands (totaling 0.51 acre), 57 LF of an unnamed tributary of Muddy Run (CWF) identified as Tributary 44033, 157 LF of a second unnamed tributary of Muddy Run (CWF) identified as Tributary 44033J-2, 75 LF of an unnamed tributary of Black Lick Creek (CWF) identified as Tributary 0000, and 97 LF of a second unnamed tributary of Black Lick Creek (CWF) identified as Tributary 64693A (all of which have drainage areas less than 100 acres), and to excavate 4 wetlands (totaling 0.10 acre) to create a stormwater management pond, for the purpose of expanding an existing ash disposal site. As mitigation for wetland impacts, the applicant proposes to construct an on-site, 1-acre wetland along Muddy Run (CWF). As mitigation for the stream impacts, the applicant will plant woody vegetation within the riparian zone of the watercourse. The project is located approximately 0.8 mile southwest of the intersection of Long Road and Coal Road in Center and Blacklick Townships (Pittsburgh ACOE District, Indiana, PA quadrangle, N 4.4", W 13.3", Latitude: 40° 31` 24", Longitude: -79° 13` 11").
E65-982, Industrial Development, LLC, P.O. Box 365, Youngstown, PA 15696, Derry Township, Westmoreland County, Pittsburgh ACOE District.
Has been given consent to:
1. Construct and maintain a 36` long by 21` wide, single span, precast concrete bridge over Saxman Run (WWF), with an underclearance of 7`9".
2. Place and maintain fill in 0.26 acre of PEM wetlands in the Saxman Run watershed (WWF).
3. Construct and maintain a temporary road crossing of Saxman Run (WWF).
4. Construct and maintain 0.3 acre of PEM wetland on-site as compensation for the 0.26 acre of wetland impacts proposed by the project.
This project will permanently impact 36 linear feet of Saxman Run (no direct impacts to stream channel), and 0.26 acre of wetlands in the Saxman Run Watershed, and will temporarily impact 50 linear feet of Saxman Run. Temporary impacts will be restored and the permanent impacts to the stream do not require mitigation. The project is to provide access to, and constructing a commercial development on two parcels located near the intersection of Industrial Boulevard and Power Drive (Derry, PA USGS Topographic Quadrangle, Latitude: 40° 19' 25"; Longitude: -79° 21' 53"; Sub-basin 18D; Pittsburgh Corps District), in Derry Township, Westmoreland County.
EROSION AND SEDIMENT CONTROL The following Erosion and Sediment Control permits have been issued.
Persons aggrieved by an action may appeal that action to the Environmental Hearing Board (Board) under section 4 of the Environmental Hearing Board Act and 2 Pa.C.S. §§ 501—508 and 701—704. The appeal should be sent to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P.O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Board through the Pennsylvania AT&T Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary to the Board at (717) 787-3483. This paragraph does not, in and of itself, create a right of appeal beyond that permitted by applicable statutes and decisional law.
For individuals who wish to challenge an action, the appeal must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board.
Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.
Southcentral Region: Waterways & Wetlands Program, 909 Elmerton Avenue, Harrisburg, PA 17110-8200, Program Manager, 717.705.4802.
ESCP No. Applicant Name & Address County Municipality Receiving Water/Use ESG00011170001 DTE Midstream Appalachia, LLC
333 Technology Drive
Canonsburg, PA 15317Berks Birdsboro Borough; Union, Amity, Oley and Rockland Townships Hay Creek
(CWF, MF)
Schuylkill River
(WWF, MF)
UNT Schuylkill River
(WWF, MF)
UNT Monocacy Creek
(WWF, MF)
Monocacy Creek
(WWF, MF)
UNT Limekiln Creek
(WWF, MF)
UNT Manatawny Creek
(CWF, MF)
Little Manatawny Creek
(CWF, MF)
Furnace Creek
(CWF, MF)
UNT Little Manatawny Creek
(CWF, MF)
UNT Bieber Creek
(EV, MF)
EV Wetlands, other WetlandsAny person aggrieved by this action may file a petition for review pursuant to Section 19(d) of the Federal Natural Gas Act, 15 U.S.C.A. § 717r(d), with the Office of the Clerk, United States Court of Appeals for the Third Circuit, 21400 U.S. Courthouse, 601 Market Street, Philadelphia, PA 19106-1790 as provided by law. Important legal rights are at stake, so you should show this document to a lawyer promptly.
Southwest District: Oil & Gas Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222.
ESCGP-2 # ESG17-129-0017
Applicant Name Apex WML Midstream, LLC
Contact Person J.D. McNally
Address 6041 Wallace Road Extension, Suite 100
City, State, Zip Wexford, PA 15090
County Westmoreland County
Township(s) Salem Township
Receiving Stream(s) and Classification(s) Tributary 43014
to Beaver Run (HQ-CWF) & UNT to Tributary 43007 of
Porter Run (HQ-CWF)ESCGP-2 # ESX16-003-0009
Applicant Name Huntley & Huntley Energy Exploration,
LLC
Contact Person Jennifer Hoffman
Address 2660 Monroeville Boulevard
City, State, Zip Monroeville, PA 15146
County Allegheny County
Township(s) Elizabeth Township
Receiving Stream(s) and Classification(s) UNTs to
Gillespie Run (WWF), Gillespie Run (WWF)ESCGP-2 # ESX17-125-0040
Applicant Name MarkWest Liberty Midstream &
Resources, LLC
Contact Person Rick Lowry
Address 4600 J. Barry Court, Suite 500
City, State, Zip Canonsburg, PA 15317
County Washington County
Township(s) Mount Pleasant Township
Receiving Stream(s) and Classification(s) UNTs to Millers
Run (WWF)ESCGP-2 # ESX17-051-0003
Applicant Name Chevron Appalachia, LLC
Contact Person Branden Weimer
Address 700 Cherrington Parkway
City, State, Zip Coraopolis, PA 15108
County Fayette County
Township(s) German Township
Receiving Stream(s) and Classification(s) Trib 40216 to
Dunlap Creek (WWF), Trib 40220 to Dunlap Creek
(WWF), & Trib 40223 to Dunlap Creek (WWF)ESCGP-2 # ESX17-059-0037
Applicant Name Rice Drilling B, LLC
Contact Person Todd Klaner
Address 2200 Energy Drive
City, State, Zip Canonsburg, PA 15317
County Greene County
Township(s) Wayne Township
Receiving Stream(s) and Classification(s) UNTs to Rudolf
Run (WWF) & Roberts Run (WWF)ESCGP-2 # ESX18-129-0002
Applicant Name Huntley & Huntley Energy Exploration,
LLC
Contact Person Kyle Shirey
Address 501 Technology Drive
City, State, Zip Cannonsburg, PA 15317
County Westmoreland County
Township(s) Penn Township
Receiving Stream(s) and Classification(s) UNTs to Bushy
Run (TSF), Tribs 37295, 37297, 37298 & Trib 37299 to
Bushy Run (TSF), Tribs 37358, 37368, & 37369 to
Lyons Run (TSF), Trib 37362 to Byers Run (TSF), &
Byers Run (TSF)ESCGP-2 # ESG17-125-0012
Applicant Name Rice Midstream Holdings, LLC
Contact Person Todd Klaner
Address 2200 Energy Drive
City, State, Zip Canonsburg, PA 15317
County Washington County
Township(s) Amwell Township & North Bethlehem Town-
ship
Receiving Stream(s) and Classification(s) UNTs to Brush
Run (TSF), Brush Run (TSF), UNT to Daniels Run
(TSF), UNTs to Little Chartiers Creek (HQ-WWF)
& UNTs to South Branch Pigeon Creek (WWF)ESCGP-2 # ESX13-125-0072 Major Modification
Applicant Name EQT Production Company
Contact Person Todd Klaner
Address 2200 Energy Drive
City, State, Zip Canonsburg, PA 15317
County Washington County
Township(s) Somerset Township
Receiving Stream(s) and Classification(s) UNTs to South
Branch Pigeon Creek (WWF) & Pigeon Creek (WWF)ESCGP-2 # ESX09-125-0064 Renewal
Applicant Name Range Resources—Appalachia, LLC
Contact Person Karl Matz
Address 3000 Town Center Boulevard
City, State, Zip Canonsburg, PA 15317
County Washington County
Township(s) Independence Township
Receiving Stream(s) and Classification(s) UNT to
Sugarcamp Run (HQ-WWF)ESCGP-2 # ESX14-125-0004 Major Modification
Applicant Name HG Energy II Appalachia, LLC
Contact Person Matthew McGuire
Address 5620 Dupont Road
City, State, Zip Parkersburg, WV 26101
County Washington County
Township(s) West Finley Township
Receiving Stream(s) and Classification(s) UNTs to Enlow
Creek (WWF)ESCGP-2 # ESX12-125-0134 Renewal
Applicant Name Range Resources—Appalachia, LLC
Contact Person Karl Matz
Address 3000 Town Center Boulevard
City, State, Zip Canonsburg, PA 15317
County Washington County
Township(s) Donegal Township
Receiving Stream(s) and Classification(s) UNT to Dutch
Fork (HQ-WWF), UNTs to Middle Wheeling Creek (WWF)ESCGP-2 # ESX10-125-0079 Renewal
Applicant Name Range Resources—Appalachia, LLC
Contact Person Karl Matz
Address 3000 Town Center Boulevard
City, State, Zip Canonsburg, PA 15317
County Washington County
Township(s) Morris Township
Receiving Stream(s) and Classification(s) UNTs to Trib
20565 Tenmile Creek (TSF)ESCGP-2 # ESX17-059-0034
Applicant Name CNX Gas Company, LLC
Contact Person Adam White
Address 1000 Consol Energy Drive
City, State, Zip Canonsburg, PA 15317
County Greene County
Township(s) Richhill Township
Receiving Stream(s) and Classification(s) UNTs to
Crabapple Creek and Crabapple Creek (WWF); Wheel-
ing Creek Watershed
SPECIAL NOTICES
Notice of Certification to Perform Radon-Related Activities in Pennsylvania In the month of February 2018 Department of Environmental Protection, under the authority contained in the Radon Certification Act, act of July 9, 1987, P.L. 238, No. 43 (63 P.S. §§ 2001—2014) and regulations promulgated thereunder at 25 Pa. Code Chapter 240, has certified the persons listed below to perform radon-related activities in this Commonwealth. The period of certification is 2 years. (For a complete list of persons currently certified to perform radon-related activities in this Commonwealth and for information as to the specific testing devices that persons certified for testing or laboratory are certified to use, contact the Bureau of Radiation Protection, Radon Division, P.O. Box 8469, Harrisburg, PA 17105-8469, (1-800-23RADON)).
Name Address Type of Certification Nicholas Barbarini 4144 Feidler Drive
Erie, PA 16506Mitigation Stephen Beloyan 2 Field Court
Wrightstown, NJ 08562Testing Mario Cote
MMC Radon Remediation, LLC1310 West 40th Street
Erie, PA 16509Mitigation Thomas Davis 14096 Maple Drive
Clarks Summit, PA 18411Testing David Dowling 273 Krulock Road
Uniontown, PA 15401Testing Kevin Dunkle P.O. Box 211
Worthington, PA 16262Mitigation Idrees Fareed 1260 Woodland Avenue
Springfield, PA 19064Testing & Mitigation Mark Garland 5970 West Webb Road
Mineral Ridge, OH 44440Testing Gregory Hancock P.O. Box 110
Woolrich, PA 17779Testing Bill Haughery 2105 West Ridge Drive
Lancaster, PA 17603Testing Carla Higgins 1310 W. 40th Street
Erie, PA 16509Testing Inspection Services Group, LLC 54 South 3rd Street, Suite 1
Oxford, PA 19363Testing Joseph D. Kelly, III P.O. Box 15811
Pittsburgh, PA 15244Testing Steven Kowatic 1525 Park Manor Boulevard
Suite 292
Pittsburgh, PA 15205Testing Jarrod Lape
Foundations Radon
Mitigation Service109 Sunset Street
Monongahela, PA 15063Mitigation Robert Leiby 809 North 7th Street
Perkasie, PA 18944Testing Mark Long 800 Frailey Road
Emmitsburg, MD 21727Testing Stephen Maurer 3633 Buttonwood Drive
Doylestown, PA 18902Testing David Miseyko P.O. Box 177
Harleysville, PA 19438Testing Professional Home Inspection, LLC 14 Crestmont Court
Lititz, PA 17543Testing Kathleen Remsnyder 7301 Allentown Boulevard
Harrisburg, PA 17112Testing Nickelas Reznick 8020 Mine Street
Fogelsville, PA 18051Mitigation RSSI 6312 Oakton Street
Morton Grove, IL 60053Laboratory Analysis Jeffrey Schlaline
Absolute Radon Mitigation, LLC800 Locust Grove Road
York, PA 17402Mitigation David Schumaker 14501 George Carter Way
Suite 110
Chantilly, VA 20151Testing Thomas Stangroom P.O. Box 120
Bovard, PA 15619Testing Top Dawg Inspections 16 West Hanover Street
Gettysburg, PA 17325Testing Robert Warth, Jr. 14501 George Carter Way
Suite 110
Chantilly, VA 20151Testing Matthew Winslow 1881 Brookside Road
Macungie, PA 18062Mitigation Andrew Wolfe 37 Virginia Avenue
Shrewsbury, PA 17361Testing
Public Notice of Final State Water Quality Certification for FERC Pipeline Project
Water Quality Certification Required by Section 401 of the Clean Water Act for the Birdsboro Pipeline Project; DTE Midstream Appalachia, LLC; FERC Docket No. CP17-409; PADEP File No. WQ03-003 Southcentral Region: Waterways & Wetlands Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
WQ03-003: Certification Request initiated by DTE Midstream Appalachia, LLC (DTE), 333 Technology Drive, Suite 255, Canonsburg, PA 15317, Birdsboro Pipeline Project (Project) in Union, Oley, Rockland, Amity Townships, Birdsboro Borough, Berks County (Birdsboro and Fleetwood, PA Quadrangles, From Lat: 40° 16` 10.94"; Long: -75° 47` 59.9" to Lat: 40° 24` 39.14"; Long: -75° 45` 37.94"), U.S. Army Corps of Engineers Philadelphia District.
On May 1, 2017, DTE filed an application with the Federal Energy Regulatory Commission (FERC) under Section 7 of the Natural Gas Act (15 U.S.C.A. § 717f) seeking a certificate of public convenience and necessity to construct and operate its Project (FERC Docket No. CP17-409).
On June 23, 2017, DTE requested a State water quality certification from the Department of Environmental Protection (Department), as required by Section 401 of the Clean Water Act (33 U.S.C.A. § 1341), to ensure that the construction, operation and maintenance of the Project will protect water quality in this Commonwealth consistent with requirements of State law and the Federal Clean Water Act.
The Project consists of the installation of approximately 13.2 miles of new 12-inch diameter natural gas pipeline which will run from the receipt point on Texas Eastern Transmission Company's (TETCO) pipeline in Rockland Township, Berks County, PA to the Birdsboro Power Facility in the Borough of Birdsboro, Berks County, PA. The Project also includes one new pig receiver at the Birdsboro Power Facility and one new meter site at the TETCO interconnect with two new taps on the TETCO pipelines, three mainline valves and a pig launcher, and temporary access roads and staging areas. The Project will transport natural gas to fuel the proposed Birdsboro Power Facility. The Project will impact 29 streams and 21 wetlands.
The Project will require approximately 128 acres of earth disturbance, and permanent impacts to 493 linear feet and temporary impacts to 649 linear feet of streams including the Schuylkill River (WWF) and two Unnamed Tributaries (UNT) to the Schuylkill River (WWF); Monocacy Creek (WWF) and nineteen UNT's to Monocacy Creek (WWF); four UNT's to Manatawny Creek (CWF); Little Manatawny Creek (CWF) and one UNT to Little Manatawny Creek (CWF), 0.2 acre of permanent impacts to floodway, 2.0 acres of temporary impacts floodway, 1.09 acre of temporary wetland impacts, and 1.22 acre of permanent wetland impacts that are associated with permanent right-of-way maintenance.
The Department published notice of its proposed State water quality certification for the Project in the Pennsylvania Bulletin on August 12, 2017, (Vol 47 Pa.B. 32). The Department conducted a public hearing on November 2, 2017 to collect public comments on the request for State water quality certification. The Department has reviewed and considered the comments received on this application. The Department created a comment response document for the overall Birdsboro Power Project which is contained in the file and currently available on the Department's web site.
The Department hereby issues Section 401 Water Quality Certification to DTE for the Project and certifies that DTE's construction, operation and maintenance of the Project complies with the applicable provisions of sections 301—303, 306 and 307 of the Federal Clean Water Act (33 U.S.C.A. §§ 1311—1313, 1316 and 1317). The Department further certifies that DTE's construction, operation and maintenance of the Project will not violate applicable State water quality standards, provided that DTE complies with the applicable laws, permitting programs, criteria and conditions established under State law and as part of the Water Quality Certification as follows:
1. Discharge Permit—DTE shall obtain and comply with a Department National Pollutant Discharge Elimination System (NPDES) permit for the discharge of water from the hydrostatic testing of the Project under Pennsylvania's Clean Streams Law (35 P.S. §§ 691.1—691.1001) and all applicable implementing regulations (25 Pa. Code Chapter 92a) if such discharges are proposed.
2. Erosion and Sediment Control Permit—DTE shall comply with the Department's Chapter 102 Erosion and Sediment Control General Permit No. ESG00-011-17-0001 for Earth Disturbance Associated with Oil and Gas Exploration, Production, Processing or Treatment, Permit issued under Pennsylvania's Clean Streams Law and Storm Water Management Act (32 P.S. §§ 680.1—680.17), and all applicable implementing regulations (25 Pa. Code Chapter 102).
3. Water Obstruction and Encroachment Permits—DTE shall comply with a Department Chapter 105 Water Obstruction and Encroachment Permit No. E06-717 for the construction, operation and maintenance of all water obstructions and encroachments associated with the Project under Pennsylvania's Clean Streams Law, Dam Safety and Encroachments Act (32 P.S. §§ 693.1—693.27), and all applicable implementing regulations (25 Pa. Code Chapter 105).
4. Submerged Lands License Agreement—DTE shall comply with Pennsylvania Submerged Lands License Agreement, No. E06-717, under the Pennsylvania Dam Safety and Encroachments Act (32 P.S. §§ 693.1—693.27) and all applicable implementing regulations (25 Pa. Code Chapter 105).
5. Delaware River Basis Commission—DTE shall comply with the Delaware River Basin Commission's (DRBC) approval of Docket No. D-2016-008-1 which was granted for the Project on September 13, 2017, and any other approvals that may be necessary from the DRBC for the Project.
6. Water Quality Monitoring—The Department retains the right to specify additional studies or monitoring to ensure that the receiving water quality is not adversely impacted by any construction, operational and maintenance processes associated with the Project that may be employed by DTE.
7. Operation—DTE shall at all times properly operate and maintain all Project facilities and systems of treatment and control (and related appurtenances) which are installed to achieve compliance with the terms and conditions of this State Water Quality Certification and all required permits, authorizations and approvals. Proper operation and maintenance includes adequate laboratory controls, appropriate quality assurance procedures and the operation of backup or auxiliary facilities or similar systems installed by DTE.
8. Inspection—The Project, including all relevant records, are subject to inspection at reasonable hours and intervals by an authorized representative of the Department to determine compliance with this State Water Quality Certification, including all required State water quality permits and State water quality standards. A copy of this certification shall be available for inspection by the Department, or an authorized representative thereof, during such inspections of the Project.
9. Transfer of Projects—If DTE intends to transfer any legal or equitable interest in the Project which is affected by this State Water Quality Certification, DTE shall serve a copy of this certification upon the prospective transferee of the legal and equitable interest at least 30 days prior to the contemplated transfer and shall simultaneously inform the Department Regional Office of such intent. Notice to the Department shall include a transfer agreement signed by the existing and new owner containing a specific date for transfer of certification responsibility, coverage and liability between them.
10. Correspondence—All correspondence with and submittals to the Department concerning this State Water Quality Certification shall be addressed to: Department of Environmental Protection, Southcentral Regional Office, Program Manager, Waterways and Wetlands, 909 Elmerton Avenue, Harrisburg, PA 17110.
11. Reservation of Rights—The Department may suspend or revoke this State Water Quality Certification if it determines that DTE has not complied with the terms and conditions of this certification. The Department may require additional measures to achieve compliance with applicable law, subject to DTE's applicable procedural and substantive rights.
12. Other Laws—Nothing in this State Water Quality Certification shall be construed to preclude the institution of any legal action or relieve DTE from any responsibilities, liabilities or penalties established under any applicable Federal or State law or regulation.
13. Severability—The provisions of this State Water Quality Certification are severable and should any provision of this certification be declared invalid or unenforceable, the remainder of the certification shall not be affected thereby.
Any person aggrieved by this action may file a petition for review under Section 19(d) of the Federal Natural Gas Act, 15 U.S.C.A. § 717r(d), with the Office of the Clerk, United States Court of Appeals for the Third Circuit, 21400 U.S. Courthouse, 601 Market Street, Philadelphia, PA 19106-1790 as provided by law. Important legal rights are at stake, so you should show this document to a lawyer promptly.
Notice of Projects under the Environmental Good Samaritan Act The Environmental Good Samaritan Act (27 Pa.C.S. §§ 8001—8114) provides certain protections and immunities from civil liability for landowners and persons who voluntarily undertake reclamation and abatement projects to address land and water adversely affected by mining or oil or gas extraction or exploration for natural resources and left in an unreclaimed condition or left discharging water pollution. In order for landowners and persons to qualify for immunity, the projects must be approved by the Department of Environmental Protection (Department).
The following project proposals have been received by the Department. A copy of the proposals is available for inspection at the Department Southwest (Pittsburgh) Regional Office, 400 Waterfront Drive, Pittsburgh, PA 15222 between 8 a.m. and 4 p.m.
Richland Township, Allegheny County has applied to plug abandoned wells 003-22239 (40.657333 N, -79.984833 W) and 003-22375 (40.672 N, -79.961194 W) located in Richland Township, Allegheny County.
Written comments or objections may be submitted by any person or any office or head of any Federal, State, or local government agency or authority to the Department at the same address within 30 days of this publication.
Written comments or objections should contain the name, address and telephone number of the person submitting comments or objections; the proposal identification number; and a statement of sufficient detail to inform the Department of the basis of the comment or objection and the relevant facts upon which it is based.
[Pa.B. Doc. No. 18-400. Filed for public inspection March 16, 2018, 9:00 a.m.]
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