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PA Bulletin, Doc. No. 20-1492b

[50 Pa.B. 5997]
[Saturday, October 31, 2020]

[Continued from previous Web Page]

COAL & NONCOAL MINING
ACTIVITY APPLICATIONS

 Applications under the Surface Mining Conservation and Reclamation Act (52 P.S. §§ 1396.1—1396.31); 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); the Bituminous Mine Subsidence and Land Conservation Act (52 P.S. §§ 1406.1—1406.21). 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 of Environmental Protection. A copy of the application is available for inspection at the District Mining Office indicated above 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 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 above 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 (relating to public notices of filing of permit applications, opportunity for comment, and informal conferences).

 Written comments or objections related to 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.

 Requests for an informal conference, or a public hearing, as applicable, on a mining permit application, as provided by 25 Pa. Code § 77.123 (relating to public hearing-informal conferences) or § 86.34 (relating to informal conferences), 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.

 Where a National Pollutant Discharge Elimination System (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

Effluent Limits—The following range of effluent limits will apply to NPDES permits issued in conjunction with the associated coal mining activity permit and, in some cases, noncoal mining permits:


Table 1

30-Day Daily Instantaneous
Parameter Average Maximum Maximum
Iron (total) 1.5 to 3.0 mg/l 3.0 to 6.0 mg/l 3.5 to 7.0 mg/l
Manganese (total)   1.0 to 2.0 mg/l  2.0 to 4.0 mg/l  2.5 to 5.0 mg/l 
Suspended solids 10 to 35 mg/l 20 to 70 mg/l 25 to 90 mg/l
Aluminum (Total) 0.75 to 2.0 mg/l 1.5 to 4.0 mg/l 2.0 to 5.0 mg/l
pH1 greater than 6.0; less than 9.0
Alkalinity greater than acidity1
1The parameter is applicable at all times.

 A settleable solids instantaneous maximum limit of 0.5 ml/l applied 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; and mined areas backfilled and revegetated; and drainage (resulting from a precipitation event of less than or equal to a 1-year 24-hour event) from coal refuse disposal piles.

New Stanton District Office: P.O. Box 133, New Stanton, PA 15672, (724) 925-5500, (Contact: Tracy Norbert).

Permit No. 65000201 and NPDES Permit No. PA0202835. Reichard Contracting, Inc., 212 Olean Trail, New Bethlehem, PA 16242. Renewal application for continued mining to an existing bituminous surface mine, located in Sewickley Township, Westmoreland County, affecting 41.0 acres. Receiving streams: Sewickley Creek, classified for the following use: WWF. Renewal application received: October 5, 2020.

Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, (570) 621-3118, (Contact: Theresa Reilly-Flannery).

Permit No. 54763207R7. Gilberton Coal Company (10 Gilberton Road, Gilberton, PA 17934), renewal of an existing anthracite coal refuse reprocessing and surface mine operation in Mahanoy Township, Schuylkill County affecting 25.9 acres. Receiving stream: North Mahanoy Creek, classified for the following uses: cold water and migratory fishes. Application received: September 29, 2020.

Permit No. 54950202R5. Gilberton Coal Company (10 Gilberton Road, Gilberton, PA 17934), renewal of an existing anthracite coal refuse reprocessing and surface mine operation in Mahanoy Township, Schuylkill County affecting 148.0 acres. Receiving stream: North Mahanoy Creek, classified for the following uses: cold water and migratory fishes. Application received: September 29, 2020.

Noncoal Applications Received

Effluent Limits—The following effluent limits will apply to NPDES permits issued in conjunction with a noncoal mining permit:

Table 2

30-day Daily Instantaneous
Parameter Average Maximum Maximum
Suspended solids   10 to 35 mg/l  20 to 70 mg/l  25 to 90 mg/l 
Alkalinity exceeding acidity*
pH* greater than 6.0; less than 9.0
* The parameter is applicable at all times.

 A settleable solids instantaneous maximum limit of 0.5 ml/l applied to surface runoff resulting from a precipitation event of less than or equal to a 10-year 24-hour event. If coal will be extracted incidental to the extraction of noncoal minerals, at a minimum, the technology-based effluent limitations identified under coal applications will apply to discharges of wastewater to streams.

Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, (570) 621-3118, (Contact: Theresa Reilly-Flannery).

Permit No. 64080301C4 and NPDES Permit No. PA0224693. H & K Group, Inc. (P.O. Box 196, Skippack, PA 19474), correction to an existing quarry operation to mine deep and modify NPDES Discharge Point 002 for discharge of treated mine drainage in Palmyra Township, Wayne County affecting 79.2 acres. Receiving stream: Lake Wallenpaupack, classified for the following use: HQ—warm water fishes. Application received: September 21, 2020.

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.

 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 limits for noncoal mining activities as provided in 25 Pa. Code Chapter 77 are pH 6 to 9 and other parameters the Department may require.

 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 563-2112-115, Developing National Pollutant Discharge Elimination System (NPDES) Permits for Mining Activities. 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

Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901-2522, (570) 621.3118.

NPDES Permit No. PA0012360 on Surface Mining Permit No. 54733020. BET Associates IV, LLC (1233 E. Broad Street, Tamaqua, PA 18252), renewal of NPDES Permit for an anthracite coal surface mine, coal refuse reprocessing and refuse disposal operation in Tamaqua, Coaldale, Lansford, Summit Hill and Nesquehoning Boroughs, Schuylkill and Carbon Counties, encompassing 7,479.0 acres. Receiving stream: Panther Creek and Little Schuylkill River Watershed classified for the following uses: cold water and migratory fishes. The first downstream potable water supply intake from the point of discharge is at Pottstown, PA. The Department has made a tentative determination to impose effluent limitations, within the ranges specified in the following tables. Application received: February 28, 2020.

Effluent Limitations, Monitoring and TMDL Waste Load Allocation Requirements

 Section A: Mine Drainage Treatment Facilities

Outfall Nos. New Outfall (Y/N) Type
001 No Mine Drainage Treatment (Inactive)
003 No Mine Drainage Treatment (Inactive)
004 No Mine Drainage Treatment
005 No Mine Drainage Treatment

 Based on the hydrologic data, anticipated wastewater characteristics and anticipated wastewater flows described in the permit application and its supporting documents and/or revisions, the following effluent limitations and monitoring requirements apply to the previously listed outfall numbers.

 Permitted Discharge Limits:

Outfalls: 001, 003, 004, 005 30-Day Daily Instantaneous Max. Comb. Avg. Mass Load
Parameter MinimumAverageMaximumMaximum(TMDL WLA)**
pH1 (S.U.) 6.0 10.0
Total Alkalinity (as CaCO3 (mg/L) Monitor And Report
Total Acidity (as CaCO3) (mg/L) Monitor And Report
Net Alkalinity (mg/L) 0.0
Total Suspended Solids (mg/L)   35.0  70.0  90.0  4,203.4 lbs./day 
Total Iron (mg/L) 1.5 3.5 4.5 180.1 lbs./day
Total Manganese (mg/L) 1.0 2.0 2.5 168.0 lbs. day
Total Aluminum (mg/L) 0.75 0.75 0.75 90.1 lbs. day
Discharge (MGD)
 (Combined Discharge)
14.4

 Never Exceed Concentration Limits****

Outfalls: 001, 003, 004, 005 30-Day Daily Instantaneous
Parameter MinimumAverageMaximumMaximum
pH1 (S.U.) 6.0 10.0
Net Alkalinity (mg/L) 0.0
Total Suspended Solids (mg/L)   35.0  70.0  90.0 
Total Iron (mg/L) 3.0 6.0 7.0
Total Manganese (mg/L) 2.0 4.0 5.0
Total Aluminum (mg/L) 0.75 1.5 2.0

 This Parameter is applicable at all times.

 pH not less than 6.0 standard units nor greater than 10.0 standard units at all times.***

 Alkalinity must exceed acidity at all times.

 *Unless otherwise indicated, discharge limitations are concentrations and expressed in mg/l and the total (dissolved and suspended fraction) is applicable for each parameter.

 **Maximum Combined Average Allowable Mass Loading is the aggregate of the mass loading(s) of listed pollutant parameters that can be discharged from Outfalls 005, 004 when constructed and operating and Outfalls 001 and 003 if activated. This Waste Load Allocation is determined and expressed in both the Panther Creek and Little Schuylkill River TMDLs.

 *** Mine Drainage Treatment pH limits per Authorization of PA DEP Pottsville District Mining Office, Dated July 17, 2014 for Outfall 005 and May 29, 2018 for Outfalls 001, 003, and 004. (See 25 Pa. Code §  88.92(c)(1)(ii)).

 ****Subject to 25 Pa. Code §§ 88.92 and 88.93 (Surface Mine) and 88.187 and 88.188 (Bank Removal and existing permit limits for Aluminum and pH).

 Grab Sampling Frequency 2/Month Minimum. This is the minimum number of sampling events required. Permittees are encouraged, and it may be advantageous in demonstrating compliance, to perform more than the minimum number of sampling events required.

 Samples taken in compliance with the monitoring specified previously shall be taken during a discharge at the following locations: Outfalls 001, 003, 004, 005.

 The following table illustrates the Compliance Monitoring Program and outlines in detail the steps to be followed to determine compliance with the EPA approved Panther Creek/Little Schuylkill River TMDL Waste Load Allocations (Combined Maximum Average Allowable Mass Loading) should sampling show an excursion above the Permitted Concentration Limits at any Mine Drainage Treatment NPDES Outfall but is below the Never Exceed Concentration Limits. This program does not apply to outfalls operating under Interim Discharge Limits. Please refer to notes 1 through 9 for pertinent explanations and conditions.

Compliance Monitoring (1) for Mine Drainage Treatment Outfalls (001, 003—005)
Discharging to Panther Creek and Little Schuylkill River
PERMITTED DISCHARGE (2) CONCENTRATION LIMITS
(mg/l unless
otherwise noted)
TMDL (4) COMBINED WASTE LOAD ALLOC. TMDL COMPLIANCE MONITORING PROCESS IF PERMITTEE EXCEEDS A DISCHARGE CONCENTRATION LIMIT AT MINE DRAINAGE TREATMENT OUTFALLS MINIMUM MONITORING REQ.
Discharge Parameter Average Monthly (3) Max. Daily Inst. Max. Max. Combined Average (5) Allowable Mass Loading (lbs./day) Step 1:
An Excursion Exceeding the Permitted Discharge Conc. Limit Occurs Greater Than the Never Exceed Conc. Limits Results in an Immediate Compliance Order
Step 2:
BET Notifies DEP of an Excursion Within 10 Days of Receipt of Lab Results or SMCI Notifies BET of DEP Sampling Showing Excursion Action: Compliance Notice Issued (Inspection Report)
Step 3:
BET Provides DEP with the Combined Average Mass Loading for the Parameter Exceeding the Discharge Conc. Limit For the Two Previous Months and the Present Month from All MDT Outfalls
Step 4: 
If the Combined Average Mass Loading for the Three-Month Period Is Less Than the Maximum Combined Average Allowable Mass Loading (lbs./day): No Violation
Step 5:
If the Combined Average Mass Loading for the Three-Month Period Exceeds the Permitted Combined Maximum Average Allowable Mass Loading (lbs./day): Action: Notice of Violation (''NOV'') Issued
Step 6:
If NOV Period (6) Sampling Shows the Combined Average Mass Loading Exceeds the Permitted Combined Maximum Average Allowable Mass Loading (lbs./day): Compliance Order Issued (7)
Meas. Freq. Sample Type
Total Fe  1.50  3.50  4.50   180.1 2/Month Grab
Total Mn  1.00  2.00  2.50   168.0 2/Month Grab
Total Al  0.75  1.50  2.00    90.1 2/Month Grab
Total Suspended Solids 35.00 70.00 90.00 4,203.4 2/Month Grab
Flow Measure and Report (GPM and MGD) (3) 1/Day Measured
pH 6.0—10.0 Standard Units (8) 2/Month Grab
Net Alkalinity Alkalinity Must Exceed Acidity at All Times. 2/Month Grab
Never Exceed Concentration Limits
Never Exceed Limits Correlate with 25 Pa. Code § 88.92, Group A, and existing permit limits for Aluminum and pH.
Discharge Parameter Average Monthly Maximum Daily Inst. Maximum
Total Fe (mg/l)  3.00  6.00  7.00
Total Mn (mg/l)  2.00  4.00  5.00
Total Al (mg/l)  0.75  1.50  2.00
Total Suspended Solids (mg/l) 35.00 70.00 90.00
6.0—10.0 Standard Units (8)
Alkalinity Must Exceed Acidity at All Times.

 Compliance Monitoring Program Notes:

 1. BET must provide a written request for the Compliance Monitoring Process if a discharge from a Mine Drainage Treatment Outfall shows a concentration greater than the Permitted Discharge Concentration Limits but less than the Never Exceed Concentration Limits at any Mine Drainage Treatment Outfall unless that outfall is operating under the Interim Discharge Limitations.

 2. BET shall show that at all times there has been proper operation and maintenance of all treatment facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit to be eligible for the Compliance Monitoring Process. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. BET's request and compliance with the Permit Limits will then be evaluated at the Department's discretion.

 3. BET must notify the Department when Permitted Discharge Limits have been exceeded or flow exceeds 10,000 GPM and adjustments to Mine Drainage Treatment are necessary to remain under the TMDL Combined Average Mass Loading during extended periods of high flows and to show they have been duly diligent in their operation of treatment facilities.

 4. The Panther Creek and Little Schuylkill River TMDL's have been revised and accepted by the U.S. Environmental Protection Agency (''EPA'') which include a combined Waste Load Allocation for BET Associates IV, LLC Outfalls 001, 003—005 (also known as the ''Mine Drainage Treatment Outfalls'').

 5. The ''Average Mass Loading'' is the monthly average of the calculated mass loading from each Mine Drainage Treatment Outfall. The ''Combined Average Mass Loading'' is defined as the sum of Average Mass Loading(s) of all Mine Drainage Treatment Outfalls.

 6. The NOV Period Sampling is defined as the sampling for the month after a Notice of Violation is issued by the Department, in addition to the three-month sampling evaluated by the Department for Steps 3 to 5.

 7. BET may request a compliance monitoring review period of up to six months if BET demonstrates that multiple or above average precipitation events have occurred, or that hydro-geological or water chemistry induced conditions have changed at the site, and that these events or changes have in turn created above average flows or conditions that result in an excursion above the Average Monthly Concentration Limit, and/or the EPA approved average daily TMDL Waste Load Allocation for the current reporting period. If BET requests such a review, they shall provide supporting data for the request, which at a minimum shall include the following: complete treatment facility operational and maintenance records, mass loading records, weather records, and an explanation of why this excursion is beyond the control of BET, within 30 days of the excursion. BET's request and compliance will then be evaluated at the Department's discretion.

 8. Mine Drainage Treatment pH limits per Authorization of PA DEP Pottsville District Mining Office, Dated July 17, 2014 for Outfall 005 and May 29, 2018 for Outfalls 001, 003, and 004. (See Title 25, Pennsylvania Code, Section 88.92 (c)(1)(ii)).

 9. Interim Discharge Concentration Limits apply to discharges from the proposed No. 14 Shaft Acid Mine Drainage Treatment Facility (Outfall 004) and to Outfalls 001 or 003 should they be activated and begin discharging to Panther Creek. These limits apply for the first 18 months after the end of construction and each new treatment system outfall becomes operational. This is in accordance with 2nd BET CO&A (5.i.) dated May 5, 2011 and all amendments thereto. Continuous or extended operation of the No. 14 Shaft Acid Mine Drainage Treatment Facility prior to the end of the Interim Discharge Limit Period at total flows less than 8,000 GPM (operations as described in the BET Mine Pool Management Plan) will require compliance with the Permitted Discharge Limits as shown Section A above and will allow eligibility to the Compliance Monitoring Program.

Outfalls: 001, 003, 004, 005 30-Day Daily Instantaneous
Parameter MinimumAverageMaximumMaximum
pH1 (S.U.) 6.0 10.0
Net Alkalinity (mg/L) 0.0
Total Suspended Solids (mg/L) 35.0 70.0 90.0
Total Iron (mg/L) 3.0 6.0 7.0
Total Manganese (mg/L) 2.0 4.0 5.0
Total Aluminum (mg/L) 2.0 4.0 5.0
Discharge (MGD) Measure And Report

 pH not less than 6.0 standard units nor greater than 10.0 standard units at all times.***

 Alkalinity must exceed acidity at all times.

 *Unless otherwise indicated, discharge limitations are concentrations and expressed in mg/l and the total (dissolved and suspended fraction) is applicable for each parameter.

 **This is the minimum number of sampling events required. Permittees are encouraged, and it may be advantageous in demonstrating compliance, to perform more than the minimum number of sampling events required.

 ***Mine Drainage Treatment pH limits per Authorization of PA DEP Pottsville District Mining Office, Dated July 17, 2014 for Outfall 005 and May 29, 2018 for Outfalls 001, 003, and 004. (See 25 Pa. Code § 88.92(c)(1)(ii)).

 Subject to 25 Pa. Code §§ 88.92, 88.93 (Surface Mine), 88.187 and 88.188 (Bank Removal).

 Section B: Erosion and Sedimentation Control Facilities

Outfall Nos. New Outfall (Y/N) Type
002 No Stormwater
006 No Stormwater

 Based on the hydrologic data and anticipated characteristics and flows described in the permit application and its supporting documents and/or revisions, the following effluent limitations and monitoring requirements apply to the previoulsy listed outfall numbers.

Group A: Dry Weather Discharge Limitations

Outfalls: 002, 006 30-Day Daily Instantaneous
Parameter MinimumAverageMaximumMaximum
pH1 (S.U.) 6.0 9.0
Total Alkalinity (as CaCO3) (mg/L) Monitor And Report
Total Acidity (as CaCO3) (mg/L) Monitor And Report
Net Alkalinity (mg/L) 0.0
Total Suspended Solids (mg/L) 35.0 70.0 90.0
Total Iron (mg/L) 3.0 6.0 7.0
Total Manganese (mg/L) 2.0 4.0 5.0
Total Aluminum (mg/L) Monitor And Report
Discharge (MGD)

Group B: Greater than 1yr-24hr to Less than 10yr-24hr storm

Outfalls: 30-Day Daily Instantaneous
Parameter MinimumAverageMaximumMaximum
pH1 (S.U.) 6.0 9.0
Total Alkalinity (as CaCO3) (mg/L) Monitor And Report
Total Acidity (as CaCO3) (mg/L) Monitor And Report
Net Alkalinity (mg/L) 0.0
Total Settleable Solids (mL/L) 0.5
Total Iron (mg/L) 7.0

Group C: Greater than 10yr-24hr storm

Outfalls: 30-Day Daily Instantaneous
ParameterMinimum AverageMaximum Maximum
pH1 (S.U.) 6.0 9.0
Net Alkalinity (mg/L) 0.0

 This Parameter is applicable at all times.

 *Unless otherwise indicated, discharge limitations are concentrations and expressed in mg/l and the total (dissolved suspended fraction) is applicable for each parameter.

 **This is the minimum number of sampling events required. Permittees are encouraged, and it may be advantageous in demonstrating compliance, to perform more than the minimum number of sampling events required.

 Samples taken in compliance with the monitoring specified previously shall be taken during a discharge at the following locations(s): Outfalls 002, 006.

 Subject to 25 Pa. Code §§ 88.92 and 88.93 (Surface Mine) and 88.187 and 88.188 (Bank Removal).

 Note: The previously listed discharge limitations and monitoring requirements are based upon the presumption that the erosion and sedimentation control facilities will only discharge as a result of a ''precipitation event''. If the discharge occurs during ''dry weather flow'' conditions, then Group A limitations will apply (as defined in 25 Pa. Code Chapters 86—90). The previously listed discharge limitations (Group B and Group C) and monitoring requirements pertain to discharges which may occur unexpectedly, (i.e., were not originally anticipated when this permit was issued). The Department reserves the right to modify these limitations based upon the need to protect water quality in the receiving stream.

California District Mining Office: 25 Technology Drive, California Technology Park, Coal Center, PA 15423, (724) 769.1100.

NPDES No. PA0215503 (Mining Permit No. 32733708) Rosebud Mining Company, 301 Market Street, Kittanning, PA 15601, a renewal to the NPDES and mining activity permit for Greenwich No. 1 Coal Refuse Disposal Area in Green Township, Indiana County, affecting 118.0 surface acres. Receiving stream(s): Douglas Run: CWF. West Branch Susquehanna TMDL. The application was considered administratively complete: January 23, 2020. The application was received: January 9, 2020.

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

Outfall 012 discharges to: Douglas Run

 The proposed effluent limits for Outfall 012 (Lat: 40° 41` 23" Long: -78° 49` 01") are:

 The following effluent limitations and monitoring requirements apply to the subject outfall from Permit Effective Date to Permit Expiration Date:

30-Day Daily Instant.
ParameterMinimum Average Maximum Maximum
Flow (mgd) - Report
Iron (mg/l) - 1.5 3.0 3.75
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
pH (s.u.) 6.0 - - 9.0
Alkalinity, Total as CaCO3 (mg/l) - - - Report
Acidity, Total as CaCO3 (mg/l) - - - Report
Alkalinity, Net (mg/l) 0.0 - - -
Osmotic Pressure (mOs/kg) - 50 61.3 61.3
Total Dissolved Solids (mg/l) - - - Report
Sulfate (mg/l) - - - Report
Chloride (mg/l) - - - Report

Outfall 013 discharges to: Unnamed Tributary 27242 to Douglas Run

 The proposed effluent limits for Outfall 013 (Lat: 40° 41` 23" Long: -78° 49` 25") are:

 The following effluent limitations and monitoring requirements apply to the subject outfall from Permit Effective Date to Permit Expiration Date:

30-Day Daily Instant.
ParameterMinimum Average Maximum Maximum
Flow (mgd) - - - Report
Iron (mg/l) - 1.5 3.0 3.75
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
pH (s.u.) 6.0 - - 9.0
Alkalinity, Total as CaCO3 (mg/l) - - - Report
Acidity, Total as CaCO3 (mg/l) - - - Report
Alkalinity, Net (mg/l) 0.0 - - -
Osmotic Pressure (mOs/kg) - 50 56.12 56.12
Total Dissolved Solids (mg/l) - - - Report
Sulfate (mg/l) - - - Report
Chloride (mg/l) - - - Report

 The EPA Waiver is not in effect.

NPDES No. PA0213535 (Mining Permit No. 30841316) Consol Pennsylvania Coal Company LLC, 1000 Consol Energy Drive, Suite 100, Canonsburg, PA 15317, a revision to the NPDES and CMAP for a new portal related to underground mining activity for Bailey Mine & Prep Plant in Aleppo Township, Greene County, affecting 1,802.81 surface acres and 43,046.44 underground acres. Receiving stream(s): South Fork Dunkard Fork: TSF. The application was considered administratively complete: February 13, 2019. The application was received: August 24, 2018.

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

Outfall 035 discharges to: South Fork Dunkard Fork

 The proposed effluent limits for Outfall 035 (Lat: 39° 51` 03" Long: -80° 27` 37.3") are:

 The following effluent limitations and monitoring requirements apply to the subject outfall from Permit Effective Date to Permit Expiration Date:

30-Day Daily Instant.
ParameterMinimum Average Maximum Maximum
Flow (mgd) - - - Report
Ironc (mg/l) - 3.0 6.0 7.0
Manganesec (mg/l) - 2.0 4.0 6.0
Aluminum (mg/l) - - - Report
Suspended Solids (mg/l) - 35 70 90
pH (S.U.) 6.0 - - 9.0
Alkalinity, Total as CaCO3 (mg/l) - - - Report
Acidity, Total as CaCO3 (mg/l) - - - Report
Alkalinity, Net (mg/l) 0.0 - - -
Total Dissolved Solids (mg/l) - - - Report
Sulfate (mg/l) - - - Report

 The EPA Waiver is not in effect (Bailey Central Mine Complex).

NPDES No. PA0213535 (Mining Permit No. 30841316) Consol Pennsylvania Coal Company LLC, 1000 Consol Energy Drive, Suite 100, Canonsburg, PA 15317, a revision to the NPDES and CMAP for a new airshaft related to underground mining activity for Bailey Mine & Prep Plant in Richhill Township, Greene County, affecting 1,802.81 surface acres and 43,046.44 underground acres. Receiving stream(s): Polen Run: TSF. The application was considered administratively complete: September 6, 2019. The application was received: July 10, 2019.

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

Outfall 036 discharges to: Polen Run

 The proposed effluent limits for Outfall 036 (Lat: 39° 53` 58.6" Long: -80° 24` 40.6") are:

 The following effluent limitations and monitoring requirements apply to the subject outfall from Permit Effective Date to Permit Expiration Date:

30-Day Daily Instant.
ParameterMinimum Average Maximum Maximum
Flow (mgd) - - - Report
Ironc (mg/l) - 3.0 6.0 7.0
Manganesec (mg/l) - 2.0 4.0 6.0
Aluminum (mg/l) - - - Report
Suspended Solidsc (mg/l) - 35 70 90
pH (S.U.) 6.0 - - 9.0
Alkalinity, Total as CaCO3 (mg/l) - - - Report
Acidity, Total as CaCO3 (mg/l) - - - Report
Alkalinity, Net (mg/l) 0.0 - - -
Total Dissolved Solids (mg/l) - - - Report
Sulfate (mg/l) - - - Report

 The EPA Waiver is not in effect (Bailey Central Mine Complex).

Knox District Mining Office: White Memorial Building, P.O. Box 669, Knox, PA 16232-0669, (814) 797.1191.

NPDES No. PA0615218 (Permit No. 10853005). Amcord, Inc. c/o Three Rivers Management, Inc. (600 River Avenue, Suite 200, Pittsburgh, PA 15220) transfer and renewal of an NPDES permit for a bituminous surface mine in Washington Township, Butler County, affecting 222.5 acres. Receiving streams: Unnamed tributaries to Slippery Rock Creek, classified for the following uses: CWF. TMDL: None. Application received: June 29, 2020.

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

 The following outfalls discharge to unnamed tributaries to Slippery Rock Creek:

Outfall Nos. New Outfall (Y/N)
001 N
002 N

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

30-Day Daily Instant.
Parameter MinimumAverage Maximum Maximum
pH1
Alkalinity greater than acidity
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) 2.0 4.0 5.0
Total Suspended Solids 35.0 70.0 90.0
1 The parameter is applicable at all times

Noncoal NPDES Draft Permits

Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901-2522, (570) 621.3118).

NPDES Permit No. PA0137231. Gill Quarries, Inc. (P.O. Box 187, Fairview Village, PA 19409), renewal of NPDES Permit on Noncoal Surface Mine Permit No. 8073SM5, in East Norriton Township, Montgomery County, affecting 38.31 acres. Receiving stream: unnamed tributary to Stony Creek to Schuylkill River Watershed classified for the following uses: trout stock, migratory and warm water fishes. The first downstream potable water supply intake from the point of discharge is at Norristown on the Schuylkill River. The Department has made a tentative determination to impose effluent limitations, within the ranges specified in Table 1 in addition to the limits identified in Table 2. Application received: February 3, 2020.

Outfall Nos. New Outfall (Y/N) Type
001 No Stormwater
SP02 No Groundwater/Stormwater
Outfalls: 30-Day Daily Instantaneous
Parameter MinimumAverageMaximumMaximum
pH1 (S.U.) 6.0 9.0
Total Alkalinity (as CaCO3) (mg/L) Monitor And Report
Total Acidity (as CaCO3) (mg/L) Monitor And Report
Net Alkalinity (mg/L) 0.0
Total Suspended Solids (mg/L) 35.0 70.0 90.0
Discharge (MGD) SP02 0.5 0.5
Total Dissolved Solids (mg/L) Monitor And Report
Sulfates (mg/L) Monitor And Report
Chloride (mg/L) Monitor And Report
Oil and Grease (mg/L) Monitor And Report
Turbidity (NTU) Outfall SP02 40.0 80.0 100.0
1 This Parameter is applicable at all times.

NPDES Permit No. PA0223905. E. R. Linde Construction Corporation (239 Golf Hill Road, Honesdale, PA 18431), renewal of NPDES Permit on Noncoal Surface Mine Permit Nos. 52980301 and 52060302 in Lackawaxen Township, Pike County affecting 14.83 acres. Receiving stream: unnamed tributary to the Little Blooming Grove Creek Watershed to the Lackawaxen River, classified for the following uses: HQ—cold water and migratory fishes. The first downstream potable water supply intake from the point of discharge is Portland, PA. The Department has made a tentative determination to impose BAT effluent limitations, within the ranges specified in Table 1. Application received: May 26, 2020.

Outfall Nos. New Outfall (Y/N) Type
001 No Stormwater
Outfalls: 30-Day Daily Instantaneous
Parameter MinimumAverageMaximumMaximum
pH1 (S.U.) 6.0 9.0
Total Alkalinity (as CaCO3) (mg/L) Monitor And Report
Total Acidity (as CaCO3) (mg/L) Monitor And Report
Net Alkalinity (mg/L) 0.0
Total Suspended Solids (mg/L) 35.0 70.0 90.0
Discharge (MGD) 0.04
Turbidity (NTU) 40.0 80.0 100.0
1 This Parameter is applicable at all times.


FEDERAL WATER POLLUTION CONTROL ACT, SECTION 401

 The following permit applications, requests for Environmental Assessment approval and requests for 401 Water Quality Certification have been received by the Department of Environmental Protection. Section 401 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.A. § 1341), requires the state to certify that the involved projects will not violate the applicable provisions of Sections 301—303, 306 and 307 of the FWPCA (33 U.S.C.A. §§ 1311—1313, 1316 and 1317), as well as relevant state requirements. Persons objecting to approval of a request for certification under Section 401 or to the issuance of a Dam Permit or Water Obstruction and Encroachment Permit, or the approval of an Environmental Assessment must submit any comments, suggestions or objections within 30-days of the date of this notice, as well as any questions to the office noted above the application. Comments should contain the name, address and telephone number of the person commenting, identification of the certification request to which the comments or objections are addressed, and a concise statement of comments, objections or suggestions including the relevant facts upon which they are based.

 The Department may conduct a fact-finding hearing or an informal conference in response to comments if deemed necessary. Each individual will be notified, in writing, of the time and place of a scheduled hearing or conference concerning the certification request to which the comment, objection or suggestion relates. Maps, drawings and other data pertinent to the certification request are available for inspection between the hours of 8:00 AM and 4:00 PM on each working day at the office noted above the application.

 If you are a person with a disability and wish to attend the hearing and you require an auxiliary aid, service or other accommodation to participate in the proceedings, please contact the specified program. TDD users may contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.

WATER OBSTRUCTIONS AND ENCROACHMENTS


Applications Received Under the Dam Safety and Encroachments Act (32 P.S. §§ 693.1—693.27) and Section 302 of the Flood Plain Management Act (32 P.S. § 679.302) and Requests for Certification Under Section 401 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)).

Southeast Region: Waterways & Wetlands Program Manager, 2 East Main Street, Norristown, PA 19401, Telephone 484.250.5160. E-mail: ra-epww-sero@pa.gov.

Permit No. E1501220-028, Mine Road Partners, LP, 70 East Lancaster Avenue, Frazer, PA 19355, Tredyffrin Township, Chester County, ACOE Philadelphia District.

 To perform the following listed water obstruction and encroachment activities associated with the Berwyn Sports Club. The proposed project involves the construction on an indoor and outdoor sports field and parking and requires the installation of a stormwater outfall to the a UNT to Little Valley Creek (EV, MF). The project proposes 28 square feet of permanent stream impact, 252 square feet of permanent floodway impact, and 900 square feet of temporary floodway impact. There are no impacts to the floodplain and wetlands.

 The site is approximately located at 850 Cassatt Road, Berwyn, PA 19312 (Valley Forge, PA Lat. 40° 03` 36"; Long. -75° 27` 27") in Tredyffrin Township, Chester County.

Southcentral Region: Waterways & Wetlands Program, 909 Elmerton Avenue, Harrisburg, PA 17110.

E3603220-021. Landis Valley Holdings, LP, 616 Paxton Place, Lititz, PA 17543, in Manheim Township Lancaster County, U.S. Army Corps of Engineers Baltimore District.

 To construct and maintain a 141-foot, 1.0-inch long, by 33 foot, 2.0-inch wide two span bridge across an unnamed tributary to Landis Run (WWF, MF) and palustrine emergent/scrub shrub wetlands, impacting 0.01 acre of palustrine emergent/scrub shrub wetlands; 2.) regrade and maintain the banks of an unnamed tributary to Landis Run (WWF, MF), impacting 1,226 feet of stream and 0.12 acre of palustrine emergent/scrub shrub wetlands and; 3.) install and maintain a concrete encased 8.0-inch diameter PVC sanitary sewer line across an unnamed tributary to Landis Run (WWF, MF), impacting 10 linear feet of stream, all for the purpose of constructing a residential subdivision. The project is located at the intersection of Trena Avenue and Bonnie Drive (Latitude: 40.0882° N; Longitude: 76.2948°W) in Manheim Township, Lancaster County. Permanent wetland loss is less than 0.01 acre and replacement is not required.

Southwest Region: Dana Drake, Waterways and Wetlands Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.

E0205220-029, Kossman Development Company, LLC, 11 Parkway Center, Suite 300, Pittsburgh, PA 15220, Moon Township, Allegheny County; Pittsburgh ACOE District.

 The applicant proposes to:

 Place and maintain fill within 2.28 acres of 13 PEM wetlands, for the purpose of constructing a senior living facility and residential apartment-commercial complex. The project will consist of a 200,000 SF senior care facility, 642,273 SF (596 units) apartment complex, 41,720 SF commercial space, 25,823 SF gym, including new roadways, sidewalks, utilities, athletic field, athletic courts, pool, parking facilities as well as associated appurtenant structures and stormwater management facilities. The project will permanently impact 2.28 acres of 13 PEM wetlands. The project site is located at Marketplace Blvd., Coraopolis, PA 15108 (Oakdale, PA USGS topographic quadrangle; N: 40°, 27`, 40"; W: -80°, 11`, 18"; Sub-basin 20G; USACE Pittsburgh District), in Moon Twp., Allegheny County.

Eastern Region: Oil and Gas Management Program Manager, 208 West Third Street, Suite 101, Williamsport, PA 17701-6448.

E0829220-030: Chesapeake Appalachia, LLC, 14 Chesapeake Lane, Sayre, PA 18840, Albany, Monroe and Overton Township, Bradford County, ACOE Baltimore District.

 To construct, operate and maintain:

 1. a 16-inch diameter temporary waterline and a timber mat bridge impacting 20 linear feet and 3,462 square feet of floodway of an unnamed tributary to Black Creek (EV, MF) (Overton, PA Quadrangle, Latitude: 41.591186°, Longitude: -76.503115°);

 2. a 16-inch diameter temporary waterline and a timber mat bridge impacting 21 linear feet of Black Creek (EV, MF) (Overton, PA Quadrangle, Latitude: 41.591519°, Longitude: -76.502833°);

 3. a 16-inch diameter temporary waterline and a timber mat bridge impacting 190 square feet of a Palustrine Emergent Wetland (EV) (Overton, PA Quadrangle, Latitude: 41.591999°, Longitude: -76.502961°);

 4. a 16 inch diameter temporary waterline and a timber mat bridge impacting 3,085 square feet of floodway impacts to an unnamed tributary to Black Creek (EV, MF) and impacting 1,204 square feet of an adjacent Palustrine Emergent Wetland (EV) (Overton, PA Quadrangle, Latitude: 41.592528°, Longitude: -76.502664°);

 5. a 16-inch diameter temporary waterline impacting 28 linear feet of an unnamed tributary to Black Creek (EV, MF) (Dushore, PA Quadrangle, Latitude: 41.593469°, Longitude: -76.501226°);

 6. a 16-inch diameter temporary waterline impacting 162 square feet of floodway to an unnamed tributary to Black Creek (EV, MF) (Dushore, PA Quadrangle, Latitude: 41.600977°, Longitude: -76.497279°);

 7. a 16-inch diameter temporary waterline impacting 4 linear feet of an unnamed tributary to Ladds Creek (HQ-CWF, MF) (Dushore, PA Quadrangle, Latitude: 41.606199°, Longitude: -76.495009°);

 8. a 16-inch diameter temporary waterline impacting 2 linear feet of an unnamed tributary to Ladds Creek (HQ-CWF, MF) (Dushore, PA Quadrangle, Latitude: 41.609768°, Longitude: -76.492485°);

 9. a 16-inch diameter temporary waterline impacting 2 linear feet of an unnamed tributary to Ladds Creek (HQ-CWF, MF) (Dushore, PA Quadrangle, Latitude: 41.610167°, Longitude: -76.492204°);

 10. a 16-inch diameter temporary waterline and a timber mat bridge impacting 20 linear feet of an unnamed tributary to Ladds Creek (HQ-CWF, MF) (Dushore, PA Quadrangle, Latitude: 41.612447°, Longitude: -76.490908°);

 11. a 16-inch diameter temporary waterline impacting 2 linear feet of an unnamed tributary to Ladds Creek (HQ-CWF, MF) (Dushore, PA Quadrangle, Latitude: 41.612967°, Longitude: -76.490601°);

 12. a 16-inch diameter temporary waterline and a timber mat bridge impacting 20 linear feet of an unnamed tributary to Ladds Creek (HQ-CWF, MF) (Dushore, PA Quadrangle, Latitude: 41.613543°, Longitude: -76.490157°);

 13. a 16-inch diameter temporary waterline and a timber mat bridge impacting 3,480 square feet of floodway impacts to Satterlee Run (HQ-CWF, MF) (Dushore, PA Quadrangle, Latitude: 41.618031°, Longitude: -76.489516°);

 14. a 16-inch diameter temporary waterline and a timber mat bridge impacting 980 square feet of a Palustrine Emergent Wetland (Dushore, PA Quadrangle, Latitude: 41.621088°, Longitude: -76.482961°);

 15. a 16-inch diameter temporary waterline impacting 245 square feet of a Palustrine Emergent Wetland (Dushore, PA Quadrangle, Latitude: 41.615195°, Longitude: -76.471805°);

 16. 16-inch diameter temporary waterline impacting 3 linear feet of an unnamed tributary to South Branch Towanda Creek (CWF, MF) and impacting 1,204 square feet of an adjacent Palustrine Scrub-Shrub Wetland (Dushore, PA Quadrangle, Latitude: 41.613371°, Longitude: -76.469495°);

 17. a 16-inch diameter temporary waterline and a timber mat bridge impacting 20 linear feet of an unnamed tributary to South Branch Towanda Creek (CWF, MF) (Dushore, PA Quadrangle, Latitude: 41.610692°, Longitude: -76.470767°);

 The project will result in 110 linear feet, 1,116 square feet of temporary stream impacts and 23,622 square feet of floodway impacts, 2,619 square feet (0.06 acre) of temporary PEM wetland impacts and 93 square feet (0.001 acre) of temporary PSS wetlands impacts, all for the purpose of establishing a temporary water supply for Marcellus well development in Albany, Monroe and Overton Township, Bradford County.

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