[45 Pa.B. 2259]
[Saturday, May 9, 2015]
[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
Knox District Mining Office: P. O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191
33990109. McKay Coal Company, Inc. (P. O. Box 343, Punxsutawney, PA 15767) Revision to an existing bituminous surface and auger mine to add 6.3 acres in Perry Township, Jefferson County, affecting a total of 72.5 acres. Receiving streams: Unnamed tributaries to Perryville Run and Perryville Run. Application received: December 18, 2014. Permit Issued: April 23, 2015.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200
17930125 and NPDES PA0219665. EnerCorp, Inc. (1310 Allport Cutoff, Morrisdale, PA 16858). Permit renewal for reclamation only of a bituminous surface mine located in Morris Township, Clearfield County affecting 72.7 acres. Receiving stream(s): Unnamed Tributary to Moshannon Creek classified for the following use(s): CWF. There are no potable water supply intakes within 10 miles downstream. Application received: August 13, 2014. Permit issued: April 13, 2015.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118
Permit No. 54151102GP104. Premium Fine Coal Co., Inc. (PO Box 268, Tamaqua, PA 18252), General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Permit Waiver No. 54151102 in Blythe Township, Schuylkill County, receiving stream: Schuylkill River. Application received: January 12, 2015. Permit issued: April 21, 2015.
Permit No. 54900101R4. Blackwood, Inc., (PO Box 639, Wind Gap, PA 18091), renewal of an existing anthracite surface mine, coal refuse reprocessing, refuse disposal and preparation plant operation in Branch, Reilly and Tremont Townships, Schuylkill County affecting 1,850.6 acres, receiving stream: Swatara Creek. Application received: November 26, 2013. Renewal issued: April 22, 2015.
Permit No. 54900101GP104. Blackwood, Inc., (PO Box 639, Wind Gap, PA 18091), General NPDES Storm-water Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 54900101 in Branch, Reilly and Tremont Townships, Schuylkill County, receiving stream: Swatara Creek. Application received: November 26, 2013. Permit issued: April 22, 2015.
Permit No. 40140201. Mineral Reclamation, LLC, (100 North Wilkes-Barre Boulevard, Suite 126, Wilkes-Barre, PA 18702), commencement, operation and restoration of an anthracite coal refuse reprocessing operation in Hanover Township, Luzerne County affecting 13.28 acres, receiving stream: Nanticoke Creek. Application received: April 8, 2014. Permit issued: April 22, 2015.
Permit No. 40140201GP104. Mineral Reclamation, LLC, (100 North Wilkes-Barre Boulevard, Suite 126, Wilkes-Barre, PA 18702), General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 40140201 in Hanover Township, Luzerne County, receiving stream: Nanticoke Creek. Application received: April 8, 2014. Permit issued: April 22, 2015.
Permit No. 40-305-013GP. Mineral Reclamation, LLC, (100 North Wilkes-Barre Boulevard, Suite 126, Wilkes-Barre, PA 18702), general operating permit to operate a coal preparation plant on Surface Mining Permit No. 40140201 in Hanover Township, Luzerne County. Application received: April 8, 2014. Permit issued: April 22, 2015.
Noncoal Permits Issued
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118
Permit No. 58140807 & NPDES Permit No. PA0225525. Eric Diaz (1612 Lewis Road, Montrose, PA 18801), Commencement, operation and restoration of a quarry operation and NPDES permit for discharge of treated mine drainage in New Milford Township, Susquehanna County affecting 5.0 acres, receiving stream: West Lake Creek to Salt Lick Creek. Application received: October 22, 2014. Permit issued: April 21, 2015.
Permit No. 58142803. C. Thomas Chilewski, Jr., (PO Box 88, Susquehanna, PA 18847), Commencement, operation and restoration of a quarry operation in Oakland Township, Susquehanna County affecting 5.0 acres, receiving stream: unnamed tributary to Drinker Creek. Application received: March 3, 2014. Permit issued: April 22, 2015.
Permit No. 58142803GP104, C. Thomas Chilewski, Jr., (PO Box 88, Susquehanna, PA 18847), General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 58142803 in Oakland Township, Susquehanna County, receiving stream: unnamed tributary to Drinker Creek. Application received: March 3, 2014. Permit issued: April 22, 2015.
Permit No. 66980302T. Keller Crushing & Screening, Inc., (158 Anderson Road, Tunkannock, PA 18657), transfer of an existing quarry operation in Lemon Township, Wyoming County affecting 44.38 acres, receiving stream: Billing Creek. Application received: May 24, 2012. Transfer issued: April 23, 2015.
Permit No. 66980302GP104. Keller Crushing & Screening, Inc., (158 Anderson Road, Tunkhannock, PA 18657), General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 66980302 in Lemon Township, Wyoming County, receiving stream: Billing Creek. Application received: May 24, 2012. Permit issued: April 23, 2015.
Permit No. 7773SM1A2C13 and NPDES Permit No. PA0595322. Reading Materials, Inc., (PO Box 1467, Skippack, PA 19474), correction to an existing quarry operation to add clean fill for reclamation and reduce the permitted acres from 300.03 to 243.95 acres, receiving stream: unnamed tributary to Schuylkill River. Application received: November 19, 2013. Correction issued: April 23, 2015.
Permit No. 2880302T2 and NPDES Permit No. PA0594211. Pennsy Supply, Inc., (1001 Paxton Street, Harrisburg, PA 17105), transfer and correction of an existing quarry operation in Hummelstown Borough and Lower Swatara Township, Dauphin County affecting 136.02 acres, receiving stream: Swatara Creek. Application received: July 17, 2014. Transfer issued: April 27, 2015.
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
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118
Permit No. 36154115. Keystone Blasting Service, (15 Hopeland Road, Lititz, PA 17543), construction blasting for Pequea Valley Farm in Strasburg Township, Lancaster County with an expiration date of May 30, 2015. Permit issued: April 20, 2015.
Permit No. 66154103. Midstream Explosives, LLC, (289 Southside Drive, Newville, PA 17241), construction blasting for Auburn Loop Pipeline in Auburn and Meshoppen Townships, Susquehanna County with an expiration date of April 17, 2016. Permit issued: April 22, 2015.
Permit No. 36154116. Keystone Blasting Service, (15 Hopeland Road, Lititz, PA 17543), construction blasting for Elm Tree Development in Rapho Township, Lancaster County with an expiration date of April 30, 2016. Permit issued: April 24, 2015.
Permit No. 38154106. Keystone Blasting Service, (15 Hopeland Road, Lititz, PA 17543), construction blasting for Bachman Run in South Annville Township, Lebanon County with an expiration date of April 30, 2016. Permit issued: April 24, 2015.
Permit No. 58154110. Midstream Explosives, LLC, (289 Southside Drive, Newville, PA 17241), construction blasting for Shea to Traver Pipeline in Choconut Township, Susquehanna County with an expiration date of April 17, 2016. Permit issued: April 24, 2015.
Permit No. 58154111. Midstream Explosives, LLC, (289 Southside Drive, Newville, PA 17241), construction blasting for York to Hillis Pipeline in Choconut Township, Susquehanna County with an expiration date of April 17, 2016. Permit issued: April 24, 2015.
Permit No. 64154102. Holbert Explosives, Inc., (237 Mast Hope Plank Road, Lackawaxen, PA 18435), construction blasting for Camp Equinunk Tennis Court in Manchester Township, Wayne County with an expiration date of April 15, 2016. Permit issued: April 24, 2015.
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, PO Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Board through the Pennsylvania 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
E13-178. Carbon County, P. O. Box 129 Jim Thorpe, PA 18229-0129. Jim Thorpe Borough, Carbon County, Army Corps of Engineers Philadelphia District.
To construct and maintain a 12-foot wide, 240-foot span pre-fabricated steel truss pedestrian bridge across the Lehigh River (TSF, MF) with a 21-foot underclearance, concrete wingwalls, and riprap armoring along the eastern abutment. The purpose the project is to connect two segments of the ''Delaware & Lehigh Heritage Trail.'' The project is located approximately 0.4 mile south of the intersection of Route 209 and Route 903 (Lehighton, PA Quadrangle Latitude: 40° 51` 41"; Longitude: -75° 44` 14") in Jim Thorpe Borough, Carbon County. Sub basin: 2B
Southwest Region: Waterways and Wetlands Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
E65-966. Pennsylvania Department of Transportation—District 12-0, 825 North Gallatin Avenue, Uniontown, PA 15401; New Stanton Borough & Hemp-field Township, Westmoreland County; ACOE Pitts-burgh District.
Has been given consent to remove the existing SR 3089, 2 ft to 4.5 ft diameter 89 ft long culvert; and construct and maintain on an adjoining western alignment a replacement 5.5 ft diameter, 137 ft long enclosure; and construct and maintain 145 ft of associated connecting stream relocation on an unnamed tributary to Sewickley Creek (WWF) with a drainage area of 224 acres;
Extend the existing SR 70, 7 ft diameter 252 ft long enclosure 73 ft upstream and 113 ft downstream; and construct and maintain 69 ft downstream and 256 ft upstream of associated connecting stream relocations on an unnamed tributary to Sewickley Creek with a drainage area of 224 acres;
Remove the existing SR 3046 15 inch diameter 41 ft long culvert; construct and maintain a replacement 15 inch diameter 41 ft long culvert carrying an unnamed tributary to Sewickley Creek with a drainage area less than 100 acres;
Install and main a new 5 ft diameter 87 ft long RCP culvert on an unnamed tributary to Sewickley Creek with a drainage area less than 100 acres;
Place and maintain fill in 1,901 ft of unnamed tributaries to Sewickley Creek; and construct and maintain 2,384 ft of relocated unnamed tributaries to Sewickley Creek with drainage areas of less than 100 acres;
In addition install and maintain road associated stormwater outfalls; minor repairs to existing encroachments; place and maintain fill in a total of 1.83 acre of PEM, PSS, and PFO wetland; temporarily impact of 0.1 acre of PEM wetland; and temporarily impact 4,101 ft of stream associated with the construction of the project. 800 ft of perennial and 1,789 ft of ephemeral stream channel mitigation and replacement will occur onsite via reconstruction of relocated channels. 670 ft of stream mitigation will occur offsite on an unnamed tributary to Sewickley Creek (WWF), located on the Westmoreland County Community College Campus in Hempfield Township, Westmoreland County. Three acres of mitigation wetlands will be constructed offsite at PA Gamelands 297 in North Bethlehem Township, Washington County.
District Oil and Gas Operations: Eastern Oil & Gas District, 208 West Third Street, Suite 101, Williamsport, PA
E4129-037: PVR Marcellus Gas Gathering, LLC, 101 West Third Street, Williamsport, PA 17701, Jackson Township, Lycoming County, ACOE Baltimore District.
To construct, operate, and maintain:
(1) one 30 inch natural gas pipeline, one 12 inch water line, and a timber mat bridge impacting 163 square feet of palustrine emergent (PEM) wetland (Liberty, PA Quadrangle 41°30`49.16"N 77°05`40.84"W);
(2) one 30 inch natural gas pipeline, one 12 inch water line, and a timber mat bridge impacting 66 linear feet of an unnamed tributary to Blockhouse Creek (CWF) and 213 square feet of adjacent palustrine emergent (PEM) wetland (Liberty, PA Quadrangle 41°30`53"N 77°05`17"W);
(3) one 30 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 50 linear feet of an unnamed tributary to Roaring Branch (EV, MF) (Liberty, PA Quadrangle 41°31`06"N 77°04`32"W);
(4) one 30 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 122 linear feet of an unnamed tributary to Roaring Branch (EV, MF) (Liberty, PA Quadrangle 41°31`11"N 77°04`26"W);
(5) one 30 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 380 square feet of palustrine emergent (PEM) wetland (Liberty, PA Quadrangle 41°31`42"N 77°04`13"W);
(6) one 30 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 26,988 square feet of palustrine emergent (PEM) wetland (Liberty, PA Quadrangle 41°31`51"N 77°04`11"W);
(7) one 30 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 205 square feet of palustrine emergent (PEM) wetland (Liberty, PA Quadrangle 41°31`59"N 77°04`09"W);
(8) one 30 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 55 linear feet of Roaring Branch (EV, MF) and 5,044 square feet of adjacent palustrine emergent (PEM) wetlands (Liberty, PA Quadrangle 41°32`00"N 77°04`08"W);
(9) one 30 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 51 linear feet of an unnamed tributary to Roaring Branch (EV, MF) (Liberty, PA Quadrangle 41°32`19"N 77°04`17"W);
(10) one 30 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 217 linear feet of Little Elk Run (EV, MF), 261 square feet of adjacent palustrine emergent (PEM) wetland, and 2,193 square feet of adjacent palustrine forested (PFO) wetland (Liberty, PA Quadrangle 41°32`44"N 77°03`41"W);
(11) one 30 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 1,732 square feet of palustrine forested (PFO) wetland (Liberty, PA Quadrangle 41°32`44"N 77°03`38"W);
(12) one 30 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 43 linear feet of an unnamed tributary to Little Elk Run (EV, MF) (Liberty, PA Quadrangle 41°32`51"N 77°03` 25"W).
The project will result in 604 linear feet of stream impacts and 0.85 acre of wetland impacts, all for the purpose of installing a natural gas gathering line and water line with associated access roadways for Marcellus well development. These impacts are associated with the impacts of E5929-030 and E0829-039 and the impacts previously published on 05/19/12.
E0829-039: PVR Marcellus Gas Gathering, LLC, 101 West Third Street, Williamsport, PA 17701, Canton Township, Bradford County, ACOE Baltimore District.
To construct, operate, and maintain:
(1) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 2,340 square feet of palustrine emergent (PEM) wetlands (Grover, PA Quadrangle 41°36`30"N 76°52`14"W);
(2) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 988 square feet of palustrine scrub-shrub (PSS) wetland (Grover, PA Quadrangle 41°36`30"N 76°52`11"W);
(3) one 24 inch natural gas pipeline and one 12 inch water line impacting 5,562 square feet of palustrine emergent (PEM) wetlands (Grover, PA Quadrangle 41°36`28"N 76°52`03"W);
(4) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 1,176 square feet of palustrine emergent (PEM) wetland (Grover, PA Quadrangle 41°36`27"N 76°51`52"W).
The project will result in 0.23 acre of wetland impacts all for the purpose of installing a natural gas gathering line and water line with associated access roadways for Marcellus well development. These impacts are associated with the impacts of E4129-037 and E5929-030 and the impacts previously published on 05/19/12.
E5929-030: PVR Marcellus Gas Gathering, LLC, 101 West Third Street, Williamsport, PA 17701, Liberty & Union Townships, Tioga County, ACOE Baltimore District.
To construct, operate, and maintain:
(1) one 30 inch natural gas pipeline, one 12 inch water line, and a timber mat bridge impacting 988 square feet of palustrine emergent (PEM) wetland and 9,518 square feet of palustrine forested (PFO) wetland (Liberty, PA Quadrangle 41°33`15"N 77°02`40"W);
(2) one 30 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 60 linear feet of an unnamed tributary to Brion Creek (EV, MF) (Liberty, PA Quadrangle 41°33`19"N 77°02`33"W);
(3) one 30 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 337 square feet of palustrine emergent (PEM) wetland (Liberty, PA Quadrangle 41°33`20"N 77°02`31"W);
(4) one 30 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 83 linear feet of Brion Creek (EV, MF) and 45 linear feet of an unnamed tributary to Brion Creek (EV, MF) (Liberty, PA Quadrangle 41°33`20"N 77°02`30"W);
(5) one 30 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 3,433 square feet of palustrine emergent (PEM) wetland (Liberty, PA Quadrangle 41°33`21"N 77°02`27"W);
(6) one 30 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 3,122 square feet of palustrine forested (PFO) wetland (Liberty, PA Quadrangle 41°33`40"N 77°01`48"W);
(7) one 30 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 10,272 square feet of palustrine scrub-shrub (PSS) wetland and 2,7516 square feet of palustrine emergent (PEM) wetland (Liberty, PA Quadrangle 41°33`49"N 77°01`31"W);
(8) one 30 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 58 linear feet of an unnamed tributary to Salt Spring Run (EV, MF) (Liberty, PA Quadrangle 41°34`00"N 77°01`10"W);
(9) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 40 square emergent (PEM) wetland (Liberty, PA Quadrangle 41°34`20"N 77°00`50"W);
(10) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 359 square feet of palustrine emergent (PEM) wetland (Liberty, PA Quadrangle 41°34`22"N 77°00`48"W);
(11) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 50 linear feet of an unnamed tributary to Salt Spring Run (EV, MF) and 493 square feet of adjacent palustrine emergent (PEM) wetlands (Liberty, PA Quadrangle 41°34`22"N 77°00`47"W);
(12) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 55 linear feet of an Salt Spring Run (EV, MF) (Liberty, PA Quadrangle 41°34`12"N 76°59`43"W);
(13) one 24 inch natural gas pipeline and one 12 inch water line impacting 117 square feet of palustrine forested (PFO) wetland and 18 square feet of palustrine emergent (PEM) wetland (Liberty, PA Quadrangle 41°34`21"N 77°00`38"W);
(14) one 24 inch natural gas pipeline and one 12 inch water line impacting 73 square feet of palustrine scrub-shrub (PSS) wetland and 515 square feet of palustrine emergent (PEM) wetland (Liberty, PA Quadrangle 41°34`18"N 77°00`37"W);
(15) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 3,426 square feet of palustrine emergent (PEM) wetlands (Ralston, PA Quadrangle 41°34`12"N 76°59`43"W);
(16) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 52 linear feet of French Lick Run (EV, MF) (Ralston, PA Quadrangle 41°34`14"N 76°59`06"W);
(17) temporary mat bridges impacting 1,498 square feet of palustrine emergent (PEM) wetlands (Ralston, PA Quadrangle 41°34`19"N 76°58`43"W);
(18) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 18,997 square feet of palustrine emergent (PEM) wetland (Ralston, PA Quadrangle 41°34`26"N 76°58`41"W);
(19) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 79 linear feet of an unnamed tributary to French Lick Run (EV, MF) (Ralston, PA Quadrangle 41°34`26"N 76°58` 38"W);
(20) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 1,095 square feet of palustrine forested (PFO) wetland (Ralston, PA Quadrangle 41°34`33"N 76°58`18"W);
(21) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 62 linear feet of West Mill Creek (HQ-CWF, MF) (Ralston, PA Quadrangle 41°34`41"N 76°57`46"W);
(22) a temporary mat bridge impacting 37 square feet of palustrine emergent (PEM) wetland (Ralston, PA Quadrangle 41°34`45"N 76°57`30"W);
(23) one 24 inch natural gas pipeline and one 12 inch water line impacting 3 linear feet of an unnamed tributary to Mill Creek (HQ-CWF, MF) (Ralston, PA Quadrangle 41°34`49"N 76°57`10"W);
(24) a temporary mat bridge impacting 19 linear feet of an unnamed tributary to Mill Creek (HQ-CWF, MF) (Ralston, PA Quadrangle 41°34`51"N 76°57`10"W);
(25) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 61 linear feet of Mill Creek (HQ-CWF, MF) (Ralston, PA Quadrangle 41°34`50"N 76°57`07"W);
(26) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 6,929 square feet of palustrine emergent (PEM) wetland and 276 square feet of palustrine scrub-shrub (PSS) wetland (Ralston, PA Quadrangle 41°35`07"N 76°56`24"W);
(27) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 2,019 square feet of palustrine emergent (PEM) wetland (Ralston, PA Quadrangle 41°35`09"N 76°56`18"W);
(28) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 1,468 square feet of palustrine emergent (PEM) wetland (Ralston, PA Quadrangle 41°35`08"N 76°56`09"W);
(29) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 77 linear feet of Sugar Works Run (HQ-CWF, MF) (Ralston, PA Quadrangle 41°35`12"N 76°55`52"W);
(30) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 113 linear feet of unnamed tributaries to Lycoming Creek (HQ-CWF, MF) and 1,715 square feet of adjacent palustrine forested (PFO) wetland (Ralston, PA Quadrangle 41°35`18"N 76°55`31"W);
(31) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 89 linear feet of unnamed tributaries to Lycoming Creek (HQ-CWF) and 7,728 square feet of adjacent palustrine forested (PFO) wetland (Ralston, PA Quadrangle 41°35`23"N 76°55`14"W);
(32) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 2,681 square feet of palustrine emergent (PEM) wetland (Ralston, PA Quadrangle 41°35`25"N 76°55`09"W);
(33) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 5,743 square feet of palustrine emergent (PEM) wetland and 2,862 square feet of palustrine scrub-shrub (PSS) wetland (Ralston, PA Quadrangle 41°35`30"N 76°54`50"W);
(34) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 62 linear feet of unnamed tributaries to Lycoming Creek (HQ-CWF, MF) (Ralston, PA Quadrangle 41°35`33"N 76° 54`41"W);
(35) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 56 linear feet of an unnamed tributary to Lycoming Creek (HQ-CWF) and 65 square feet of adjacent palustrine emergent (PEM) wetland (Ralston, PA Quadrangle 41° 35`34"N 76°54`36"W);
(36) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 9,082 square feet of palustrine emergent (PEM) wetland (Ralston, PA Quadrangle 41°35`38"N 76°54`22"W);
(37) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 1,576 square feet of palustrine emergent (PEM) wetland (Ralston, PA Quadrangle 41°35`43"N 76°54`12"W);
(38) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 5,241 square feet of palustrine emergent (PEM) wetland (Ralston, PA Quadrangle 41°35`44"N 76°54`07"W);
(39) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 50 linear feet of an unnamed tributary to Lycoming Creek (HQ-CWF) (Ralston, PA Quadrangle 41°35`50"N 76°54` 05"W);
(40) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 57 linear feet of an unnamed tributary to Lycoming Creek (HQ-CWF) and 1,302 square feet of adjacent palustrine emergent (PEM) wetland (Ralston, PA Quadrangle 41°35` 55"N 76°54`04"W);
(41) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 1,782 square feet of palustrine forested (PFO) wetland (Ralston, PA Quadrangle 41°35`55"N 76°54`01"W);
(42) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 59 linear feet of an unnamed tributary to Lycoming Creek (HQ-CWF, MF) and 903 square feet of adjacent palustrine scrub-shrub (PSS) wetland (Ralston, PA Quadrangle 41° 35`54"N 76°53`59"W);
(43) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 1,459 square feet of palustrine scrub-shrub (PSS) wetland (Ralston, PA Quadrangle 41°35`55"N 76°53`55"W);
(44) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 4,361 square feet of palustrine scrub-shrub (PSS) wetland (Ralston, PA Quadrangle 41°36`11"N 76°53`00"W);
(45) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 54 linear feet of an unnamed tributary to Lycoming Creek (HQ-CWF, MF) (Ralston, PA Quadrangle 41°36`11"N 76° 52`58"W);
(46) one 24 inch natural gas pipeline, one 12 inch water line, and a temporary mat bridge impacting 2,570 square feet of palustrine emergent (PEM) wetland (Ralston, PA Quadrangle 41°36`20"N 76°52`51"W);
(47) a temporary mat bridge impacting 3,992 square feet of palustrine emergent (PEM) wetland (Ralston, PA Quadrangle 41°36`32"N 76°52`49"W).
The project will result in 1,244 linear feet of stream impacts and 3.34 acres of wetland impacts, all for the purpose of installing a natural gas gathering line and water line with associated access roadways for Marcellus well development. These impacts are associated with the impacts of E4129-037 and E0829-039 and the impacts previously published on 05/19/12.
ENVIRONMENTAL ASSESSMENTS Central Office: Bureau of Waterways Engineering and Wetlands, Rachel Carson State Office Building, Floor 3, 400 Market Street, P. O. Box 8460, Harrisburg, PA 17105-8460
D20-085EA. Mr. Foster Shaffer, Pennsylvania Game Commission, Bureau of Wildlife Habitat Management, Division of Engineering and Contract Management, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797. Troy Township, Crawford County, USACOE Pittsburgh District.
Project proposes to remove Dam #13 on State Game Lands #69 for the purpose of eliminating a threat to public safety and restoring approximately 700 feet of stream channel to a free-flowing condition. The project is located across West Branch Little Sugar Creek (CWF) (Sugar Lake, PA Quadrangle, Latitude: 41.6367; Longitude: -79.9008).
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, PO Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Board through the Pennsylvania 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.
Northwest Region: Oil and Gas Program Manager, 230 Chestnut St., Meadville, PA 16335
ESCGP-2 #ESX15-019-0007—Gray Well Pad
Applicant R.E. Gas Development, LLC
Contact Mr. Michael Endler
Address 600 Cranberry Woods Drive
City Cranberry Township State PA Zip Code 16066
County Bulter Township(s) Center(s)
Receiving Stream(s) and Classification(s) UNTs to Little Connoquenessing Creek; Little Connoquenessing CreekESCGP-2 #ESX14-047-0013—Ginger Project
Applicant EQT Production Company
Contact Todd Klaner
Address 455 Racetrack Road, Suite 101
City Washington State PA Zip Code 15301
County Elk Township(s) Jay(s)
Receiving Stream(s) and Classification(s) UNT 24874 to Kersey Run CWF-MF, Kersey RunESCGP-2 #ESG15-065-0002—Christoff to Weed Pipeline
Applicant EQT Production Company, LLC
Contact Todd Klaner
Address 2400 Zenith Ridge Road
City Canonsburg State PA Zip Code 15317
County Jefferson Township(s) Washington
Receiving Stream(s) and Classification(s) UNT 50308, UNT 50306 to Rattlesnake Run (CWF), UNT 48739 to Beaverdam Run (HQ-CWF), UNT 48753 to Wolf Run (CWF)Eastern Region: Oil & Gas Management Program Manager, 208 West Third Street, Williamsport, PA 17701
ESCGP-2 # ESX11-035-0014(01)
Applicant Name XTO Energy Inc
Contact Person Stacey Vehovic
Address 395 Airport Rd
City, State, Zip Indiana, PA 15701
County Clinton
Township(s) Chapman
Receiving Stream(s) and Classification(s) Abe's Run (CWF, MF)
Secondary—Hyner Run (HQ, CWF, MF)ESCGP-2 # ESX10-015-0014(01)
Applicant Name Chesapeake Appalachia LLC
Contact Person Eric Haskins
Address 14 Chesapeake Lane
City, State, Zip Sayre, PA 18840
County Bradford
Township(s) Wyalusing
Receiving Stream(s) and Classification(s) UNT Brewer Ck (WWF, MF)
Secondary—Brewer Creek (WWF, MF)ESCGP-2 # ESX11-035-0013(01)
Applicant Name XTO Energy Inc
Contact Person Stacey Vehovic
Address 395 Airport Rd
City, State, Zip Indiana, PA 15701
County Clinton
Township(s) Chapman
Receiving Stream(s) and Classification(s) Hyner Run (HQ, CWF, MF)
Secondary—Susquehanna RiverESCGP-2 # ESX11-035-0019(01)
Applicant Name XTO Energy Inc
Contact Person Stacey Vehovic
Address 395 Airport Rd
City, State, Zip Indiana, PA 15701
County Clinton
Township(s) Chapman
Receiving Stream(s) and Classification(s) Long Run (HQ)
Secondary—Hyner Run (HQ, CWF, MF)ESCGP-2 # ESG29-035-15-0001
Applicant Name Regency Marcellus Gas Gathering LLC
Contact Person Kevin M Roberts
Address 101 W Third St
City, State, Zip Williamsport, PA 17701
County Clinton
Township(s) Gallagher
Receiving Stream(s) and Classification(s) UNT to East Branch Queens Run & Middle Branch Queens Run (HQ, CWF, MF) UNT to Craig Fork (EV, MF)
Secondary—Queens Run (HQ, CWF, MF), Craig Fork (EV, MF)Southwest Region: Oil & Gas Program Mgr. 400 Waterfront Dr., Pittsburgh, PA
ESCGP-2 No: ESX14-059-0068
Applicant Name: CONE Gathering LLC
Contact Person Carol Phillips
Address: 200 Evergreene Drive
City: Waynesburg State: PA Zip Code: 15370
County: Greene Township: Richhill
Receiving Stream(s) and Classifications: Tributaries to Dunkard Fork, Dunkard Fork, Tributaries to Wharton Run, Wharton Run, Tributaries to Chaney Run, Chaney Run/Ohio River Watershed; Other WWFESCGP-2 No.: ESG14-125-0070
Applicant Name: NiSource Midstream Services LLC
Contact Person: Farrah Lowe
Address: 5151 San Felipe Suite 2500
City: Houston State: TX Zip Code: 77056
County: Washington Township(s): N. Strabane & S Strabane Twp
Receiving Stream(s) and Classifications: Little Chartiers Creek HQ-WWF; UNTs to Little Chartiers Creek
HQ-WWF; Chartiers Creek WWF; UNTs to Chartiers CreekESCGP-2 No.: ESX14-059-0099
Applicant Name: CONE Gathering LLC
Contact Person: Carol Phillips
Address: 200 Evergreene Drive
City: Waynesburg State: PA Zip Code: 15370
County: Greene Township(s): Morris, Richhill
Receiving Stream(s) and Classifications: 2 UNTs to Enlow Fork/Ohio River; Other (WWF) Warm Water Fishes, (TSF) Trout Stocked FishesESCGP-2 No.: ESX15-003-0002
Applicant Name: EQT Production Land PA
Contact Person: Todd Klaner
Address: 2400 Zenith Ridge Road Suite 200
City: Canonsburg State: PA Zip Code: 15317
County: Allegheny Township(s): Elizabeth
Receiving Stream(s) and Classifications: UNT to Douglass Run/Lower Youghiogheny River Watershed & UNT to Wylie Run/Middle Monongahela River Watershed; Other WWF; Siltation-ImpairedESCGP-2 No.: ESX14-125-0074
Applicant Name: EQT Production Company
Contact Person: Todd Klaner
Address: 455 Racetrack Road
City: Washington State: PA Zip Code: 15301
County Washington Township(s): Amwell
Receiving Stream(s) and Classifications: UNT to Tenmile Creek, Tenmile Creek, Smith Run; Other TSFESCGP-2 No.: ESX15-125-0017
Applicant Name: Rice Poseidon Midstream LLC
Contact Person: Kyle Shirey
Address: 400 Woodcliff Drive
City: Canonsburg State: PA Zip Code: 15317
County: Washington Township(s): Somerset and West Pike Run
Receiving Stream(s) and Classifications: 4 UNTs to Pi-
geon Creek and 1 UNT to Pine Run/Tenmile Creek; Other (WWF) Warm Water Fishes, (TSF) Trout Stock FishesESCGP-2 No.: ESX09-005-0006 Renewal
Applicant Name: EXCO Resources (PA) LLC
Contact Person: Brian Rushe
Address: 260 Executive Drive Suite 100
City: Cranberry State: PA Zip Code 16066
County: Armstrong Township(s): Manor
Receiving Stream(s) and Classifications: UNT to Camp-
bell Run; Other WWFESCGP-2 No.: ESG14-059-0094
Applicant Name: CONE Gathering LLC
Contact Person: Carol Phillips
Address: 200 Evergreene Drive
City: Waynesburg State: PA Zip Code: 15370
County: Greene Township(s): Center
Receiving Stream(s) and Classifications: UNTs to Grays Fork and Maranda Run/Ohio River Watershed; HQ; Other WWFESCGP-2 No.: ESX14-125-0036
Applicant Name: Range Resources Appalachia LLC
Contact Person: Glenn D Truzzi
Address: 3000 Town Center Boulevard
City: Canonsburg State: PA Zip Code: 15317
County: Washington Township(s): Chartiers
Receiving Stream(s) and Classifications: UNT to Chartiers Creek/Chartiers Creek Watershed; Other WWF; Siltation-Impaired
STORAGE TANKS
SITE-SPECIFIC INSTALLATION PERMITS
The following Storage Tank Site-Specific Installation Permits, under the authority of the Storage Tank Spill Prevention Act (35 P. S. §§ 6021.304, 6021.504, 6021.1101—6021.1102) and under 25 Pa. Code Chapter 245, Subchapter C, have been issued by the Bureau of Environmental Cleanup and Brownfields, Director, PO Box 8763, Harrisburg, PA 17105-8763.
SSIP
Permit No.Applicant Name &
AddressCounty Municipality Tank
TypeTank
Capacity15-09-014 Walter R. Earle—Morrisville, LLC
P. O. Box 556
Farmingdale, NJ 07727-0556
Attn: Thomas J. Earle
Bucks Falls
Township2 ASTs
storing diesel60,000
gallons total
SPECIAL NOTICES
Environmental Assessment Northeast Regional Office, Clean Water Program Manager, 2 Public Square, Wilkes-Barre, PA 18711; Telephone: 570-826-2511
Location: City of Scranton, Lackawanna County
Description: The Pennsylvania Infrastructure Investment Authority, which administers the Commonwealth's State Revolving Fund, is intended to be the funding source for this project. The Scranton Sewer Authority (SSA) proposes to address the need to reduce CSO discharges from wastewater collection system CSO's 19 & 20, located below the Linden St. and Lackawanna Ave. bridges, respectively. Project will consist of CSO diversion structures to divert wet-weather flows from the CSO's to a new 1.2 MG concrete storage basin located on PNRRA R.R. land south of the Linden St. bridge between the Lackawanna River and Mifflin Ave., for later controlled release into SSA's main intercepting sewer. The Department's review of the project and the information received in the Environmental Report for the project has not identified any significant, adverse environmental impact resulting from this proposal. The Department hereby approves the Environmental Assessment.
Drinking Water State Revolving Fund Special Notice
Special Notice Under the Federal Safe Drinking Water Act (SDWA) (42 U.S.C.A. §§ 300f, et. seq.)
Northcentral Region: Safe Drinking Water Program Manager, 208 West Third Street, Suite 101, Williamsport, PA 17701-6448
Project Location: South Williamsport, Armstrong Township and Loyalsock Township
Applicant Applicant Address County Williamsport Municipal Water Authority (WMWA) 253 West Fourth Street
Williamsport, PA 17701
Lycoming Project Description: The Pennsylvania Infrastructure Investment Authority, which administers the Commonwealth's State Revolving Fund, is intended to be the funding source for this project. WMWA is proposing to replace approximately 12,000 lineal feet of waterline with 8" and 12" ductile iron waterline. The replacement will be along and between Rt. 15/Main Street and the Little League World Series. The Department's review of the project and the information received in the Environmental Report for the project has not identified any significant, adverse environmental impacts resulting from this proposal. The Department hereby approves the Environmental Assessment.
Categorical Exclusion Southwest Region: Water Supply Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745
Authority of the Borough of Charleroi, Location: 3 McKean Avenue, Charleroi, PA 15022.
Description: The Pennsylvania Infrastructure Investment Authority, which administers the Commonwealth's State Revolving Fund, is intended to be the funding source for this project. The Authority proposes to modify the membrane filters and associated components at the water treatment plant. The Department's review of the project and the information received has not identified any significant, adverse environmental impact resulting from this proposal. The Department hereby categorically excludes this project from the State Environmental Review Process.
Water Quality Certification under section 401 of the Federal Clean Water Act for the Use of Land Licensed to Exelon Generation Company, LLC for the Wildcat Point Generating Facility Proposed by Old Dominion Electric Cooperative;
DEP File No. EA36-038 On June 30, 2014, Exelon Generation Company, LLC, licensee for the Conowingo Hydroelectric Project (Conowingo Project), Federal Energy Regulatory Commission (FERC) Project No. 405, filed an application requesting FERC authorization to allow Old Dominion Electric Cooperative (ODEC), permittee, the use of Conowingo Project lands and waters for the withdrawal and discharge of water for ODEC's Wildcat Point Generation Facility (Wildcat Point Project) in Cecil County, Maryland. ODEC is proposing to construct, operate, and maintain a water pump station and intake for cooling and process water and a wastewater discharge outfall on Conowingo Project lands in Fulton Township, Lancaster County, Pennsylvania and is proposing to discharge wastewater effluent consisting primarily of non-contact cooling water from the Wildcat Point Project's cooling tower. ODEC is also proposing to construct, operate, and maintain intake and outfall pipelines that extend from within the Conowingo Project lands through Lancaster County, Pennsylvania to the Wildcat Point Project in Maryland.
On April 28, 2015, the Commonwealth of Pennsylvania (''Commonwealth'') Department of Environmental Protection (''PADEP'') received a request for Water Quality (''WQ'') Certification under Section 401 of the Federal Clean Water Act from Exelon for the FERC approval of project lands for non-project purposes by ODEC for the Wildcat Point Project in Fulton Township, Lancaster County, Pennsylvania. The DEP File No. for this WQ Certification request is EA36-038. Pennsylvania WQ Certification is required for the FERC approval of this project under the Federal Power Act for the portions of the Wildcat Point Project that occur within the FERC regulated Conowingo Project lands and waters in Pennsylvania. The FERC Docket No. for the project is P-405-111.
The ODEC Wildcat Point Generation Facility is proposed to be a nominally rated 1,000 megawatts combined cycle, natural gas fueled generation facility in Cecil County, Maryland. The proposed Wildcat Point Facility is to be supplied with natural gas by the proposed Transcontinental Pipe Line Company-Rock Springs Expansion project natural gas transmission pipeline in Lancaster County, Pennsylvania and Cecil County, Maryland that is subject to a separate FERC Docket and DEP Water Quality Certification Request.
Pursuant to Section 401 of the Clean Water Act (33 U.S.C. § 1341), the PADEP, by this notice, proposes to certify that the construction, operation and maintenance of the Wildcat Point Project complies with the applicable provisions of the Clean Water Act, through compliance with the following State water quality permitting programs, criteria and conditions established pursuant to Pennsylvania's Clean Stream Law (35 P. S. §§ 691.1—691.1001), and the Pennsylvania Dam Safety and Encroachments Act (32 P. S.§§ 693.1—693.28), which ensure the Project does not violate applicable water quality standards set forth in 25 Pa. Code Chapter 93:
1. Discharge Permit—ODEC shall comply with the PADEP National Pollutant Discharge Elimination System (NPDES) permit No. PA0265951, including any future amendments, modifications, or revisions thereto, for the discharge of Industrial Wastewater (IW) from the operation of the Wildcat Point Project pursuant to Pennsylvania's Clean Streams Law (35 P. S. §§ 691.1—691.1001) and all applicable implementing regulations (25 Pa. Code Chapters 92a, 93 and 96).
2. Erosion and Sediment Control Permit—ODEC shall obtain and comply with a PADEP's NPDES Permit for Stormwater Discharges Associated with Construction Activity pursuant to 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) for any earth disturbance activities that require said permit. ODEC submitted Individual NPDES Permit applications for PADEP review. The Individual NPDES permit numbers for the applications that are pending at PADEP for this project are PAI033614009 and PAI033614009(1).
3. Water Obstruction and Encroachment Permits—ODEC shall comply with all PADEP Chapter 105 Water Obstruction and Encroachment Permits obtained for the construction, operation and maintenance of all water obstructions and encroachments associated with the Wildcat Point Project pursuant to Pennsylvania's Clean Streams Law, Dam Safety and Encroachments Act (32 P. S. §§ 693.1—693.28), and Flood Plain Management Act (32 P. S. §§ 679.101—679.601.) and all applicable implementing regulations (25 Pa. Code Chapter 105). The PADEP Water Obstruction and Encroachment General Permits (GP) acknowledged for the Wildcat Point Project are numbered GP-11-36-14-135; GP-07-36-14-202; GP-05-36-14-203; and GP-04-36-14-202.
4. Submerged Lands License Agreement—ODEC shall obtain and comply with a Pennsylvania Submerged Lands License Agreement, pursuant to the Pennsylvania Dam Safety and Encroachments Act (32 P. S. §§ 693.1—693.28) and all applicable implementing regulations (25 Pa. Code Chapter 105).
5. Susquehanna River Basis Commission—ODEC shall implement and comply with the Consumptive Water Use Plan and Surface Water Withdrawal as approved and conditioned by the Susquehanna River Basin Commission on March 6, 2014, Docket No. 20140308, including any future amendments, modifications, or revisions to that approval.
6. Water Quality Monitoring—PADEP retains the right to specify additional studies or monitoring to ensure that the receiving water quality is not adversely impacted by any operational and construction process that may be employed by ODEC.
7. Operation—For the Wildcat Point Project under this certification, ODEC shall at all times properly operate and maintain all Wildcat Point Project facilities and systems of treatment and control (and related appurtenances) which are installed to achieve compliance with the terms and conditions of this Certification and all required permits. 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 ODEC.
8. Inspection—The Wildcat Point Project, including all relevant records, are subject to inspection at reasonable hours and intervals by an authorized representative of PADEP to determine compliance with this Certification, including all required permits required, and Pennsylvania's Water Quality Standards. A copy of this Certification shall be available for inspection by the PADEP during such inspections of the Wildcat Point Project.
9. Transfer of Projects—If Exelon intends to transfer any legal or equitable interest in the Conowingo Project lands which is affected by this Certification, Exelon shall serve a copy of this Certification upon the prospective transferee of the legal and equitable interest at least thirty (30) days prior to the contemplated transfer and shall simultaneously inform the applicable PADEP Regional Office of such intent. Notice to PADEP 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.
If ODEC intends to transfer any legal or equitable interest in the Wildcat Point Project which is affected by this Certification, ODEC shall serve a copy of this Certification upon the prospective transferee of the legal and equitable interest at least thirty (30) days prior to the contemplated transfer and shall simultaneously inform the applicable PADEP Regional Office of such intent. Notice to PADEP 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 PADEP concerning this Certification shall be addressed to the Department of Environmental Protection, South-central Regional Office, Waterways and Wetlands Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110-8200.
11. Reservation of Rights—PADEP may suspend or revoke this Certification if it determines that Exelon and ODEC have not complied with the terms and conditions of this Certification. PADEP may require additional measures to achieve compliance with applicable law, subject to Exelon and ODEC's applicable procedural and substantive rights.
12. Other Laws—Nothing in this Certification shall be construed to preclude the institution of any legal action or relieve Exelon and ODEC from any responsibilities, liabilities, or penalties established pursuant to any applicable federal or state law or regulation.
13. Severability—The provisions of this 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.
The Environmental Assessment prepared by FERC may be viewed on FERC's website at www.ferc.gov under the Docket No. P-405-111.
Exelon's request to PADEP for Water Quality Certification, File No. EA36-038 and the related ODEC permit files and applications can be reviewed at the DEP South-central Region Office (SCRO), located at the above address. Please contact the DEP SCRO file room at 717-705-4732 to schedule a review of this file.
Prior to final action on the proposed section 401 Water Quality Certification, consideration will be given to any comments, suggestions or objections which are submitted in writing within 30 days of this notice. Comments concerning the proposed 401 Water Quality Certification should be directed to Mr. Scott Williamson, South-central Region Waterways and Wetlands Program Manager at the above address or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD). Comments must be submitted in writing and contain the name, address and telephone number of the person commenting and a concise statement of comments, objections or suggestions on this proposal. No comments submitted by facsimile will be accepted. The Department will consider all relevant and timely comments received.
[Pa.B. Doc. No. 15-863. Filed for public inspection May 8, 2015, 9:00 a.m.]
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